Both Wachsmuth (Hell. Alterth. v. i, p. 249) and K. F. Hermann
(Gr. Staats Alter. c. s. 106) quote the heliastic oath, and its
energetic protest against repudiation, as evidence of the bearing
of the Solonian seisachtheia. But that oath is referable only
to a later period; it cannot be produced in proof of any matter
applicable to the time of Solon; the mere mention of the senate
of Five Hundred in it, shows that it belongs to times subsequent
to the Kleisthenean revolution. Nor does the passage from Plato
(Legg. iii, p. 684) apply to the case.
Both Wachsmuth and Hermann appear to me to narrow too much
the extent of Solon’s measure in reference to the clearing of
debtors. But on the other hand, they enlarge the effect of his
measures in another way, without any sufficient evidence,—they
think that he raised _the villein tenants_ into _free
proprietors_. Of this I see no proof, and think it improbable. A
large proportion of the small debtors whom Solon exonerated were
probably free proprietors before; the existence of the ὅροι, or
mortgage pillars, upon their land proves this.
It seems to have been the respect entertained for the character
of Solon which partly occasioned these various misconceptions of
his ordinances for the relief of debtors: Androtion in ancient,
and some eminent critics in modern times, are anxious to make out
that he gave relief without loss or injustice to any one. But this
opinion is altogether inadmissible: the loss to creditors, by the
wholesale abrogation of numerous prëexisting contracts, and by the
partial depreciation of the coin, is a fact not to be disguised.
The seisachtheia of Solon, unjust so far as it rescinded previous
agreements, but highly salutary in its consequences, is to be
vindicated by showing that in no other way could the bonds of
government have been held together, or the misery of the multitude
alleviated. We are to consider, first, the great personal cruelty of
these preëxisting contracts, which condemned the body of the free
debtor and his family to slavery; next, the profound detestation
created by such a system in the large mass of the poor, against both
the judges and the creditors by whom it had been enforced, which
rendered their feelings unmanageable, so soon as they came together
under the sentiment of a common danger, and with the determination to
insure to each other mutual protection. Moreover, the law which vests
a creditor with power over the person of his debtor, so as to convert
him into a slave, is likely to give rise to a class of loans, which
inspire nothing but abhorrence,—money lent with the foreknowledge
that the borrower will be unable to repay it, but also in the
conviction that the value of his person as a slave will make good
the loss; thus reducing him to a condition of extreme misery, for
the purpose sometimes of aggrandizing, sometimes of enriching, the
lender. Now the foundation on which the respect for contracts rests,
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