under a good law of debtor and creditor, is the very reverse of this;
it rests on the firm conviction that such contracts are advantageous
to both parties as a class, and that to break up the confidence
essential to their existence would produce extensive mischief
throughout all society. The man whose reverence for the obligation of
a contract is now the most profound, would have entertained a very
different sentiment if he had witnessed the dealings of lender and
borrower at Athens, under the old ante-Solonian law. The oligarchy
had tried their best to enforce this law of debtor and creditor,
with its disastrous series of contracts, and the only reason why
they consented to invoke the aid of Solon, was because they had lost
the power of enforcing it any longer, in consequence of the newly
awakened courage and combination of the people. That which they could
not do for themselves, Solon could not have done for them, even had
he been willing; nor had he in his possession the means either of
exempting or compensating those creditors, who, separately taken,
were open to no reproach; indeed, in following his proceedings, we
see plainly that he thought compensation due, not to the creditors,
but to the past sufferings of the enslaved debtors, since he redeemed
several of them from foreign captivity, and brought them back to
their home. It is certain that no measure, simply and exclusively
prospective, would have sufficed for the emergency: there was an
absolute necessity for overruling all that class of preëxisting
rights which had produced so violent a social fever. While
therefore, to this extent, the seisachtheia cannot be acquitted of
injustice, we may confidently affirm that the injustice inflicted
was an indispensable price, paid for the maintenance of the peace
of society, and for the final abrogation of a disastrous system as
regarded insolvents.[183] And the feeling as well as the legislation
universal in the modern European world, by interdicting beforehand
all contracts for selling a man’s person or that of his children into
slavery, goes far to sanction practically the Solonian repudiation.
[183] That which Solon did for the Athenian people in regard to
debts, is less than what was _promised_ to the Roman plebs (at
the time of its secession to the Mons Sacer in 491 B. C.) by
Menenius Agrippa, the envoy of the senate, to appease them, but
which does not seem to have been ever _realized_ (Dionys. Hal.
vi, 83). He promised an abrogation of all the debts of debtors
unable to pay, without exception,—if the language of Dionysius is
to be trusted, which probably it cannot be.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account