In respect to theft, we find it stated that Solon repealed the
punishment of death which Drako had annexed to that crime, and
enacted as a penalty, compensation to an amount double the value
of the property stolen. The simplicity of this law perhaps affords
ground for presuming that it really does belong to Solon, but the law
which prevailed during the time of the orators respecting theft[240]
must have been introduced at some later period, since it enters into
distinctions and mentions both places and forms of procedure, which
we cannot reasonably refer to the 46th Olympiad. The public dinners
at the prytaneium, of which the archons and a select few partook in
common, were also either first established, or perhaps only more
strictly regulated, by Solon: he ordered barley cakes for their
ordinary meals, and wheaten loaves for festival days, prescribing
how often each person should dine at the table.[241] The honor of
dining at the table of the prytaneium was maintained throughout as a
valuable reward at the disposal of the government.
[240] See the laws in Dêmosthen. cont. Timokrat. pp. 733-736.
Notwithstanding the opinion both of Heraldus (Animadversion.
in Salmas. iv, 8) and of Meier (Attischer Prozess, p. 356), I
cannot imagine anything more than the basis of these laws to
be Solonian,—they indicate a state of Attic procedure too much
elaborated for that day (Lysias c. Theomn. p. 356). The word
ποδοκάκκῃ belongs to Solon, and probably the penalty of five
days’ confinement in the stocks, for the thief who had not
restored what he had stolen.
Aulus Gell. (xi, 18) mentions the simple _pœna dupli_: in the
authors from whom he copied, it is evident that Solon was stated
to have enacted this law generally for _all_ thefts: we cannot
tell from whom he copied, but in another part of his work, he
copies a Solonian law from the wooden ἄξονες on the authority of
Aristotle (ii, 12).
Plato, in his Laws, prescribes the _pœna dupli_ in all cases of
theft, without distinction of circumstances (Legg. ix, p. 857;
xii, p. 941); it was also the primitive law of Rome: “Posuerunt
furem duplo condemnari, fœneratorem quadruplo.” (Cato, De Re
Rusticâ, Proœmium),—that is to say, in cases of _furtum nec
manifestum_ (Walter, Geschichte des Römisch. Rechts. sect. 757).
[241] Plutarch, Solon, 24; Athenæ. iv, p. 137; Diogen. Laërt. i,
58: καὶ πρῶτος τὴν συναγωγὴν τῶν ἐννέα ἀρχόντων ἐποίησεν, εἰς τὸ
~συνειπεῖν~,—where perhaps, ~συνδειπνεῖν~ is the proper reading.
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