Plutarch: Lives of the noble Grecians and RomansPlutarch
PhilosophyPhilosophy
Plutarch: Lives of the noble Grecians and Romans
Plutarch
Greece -- Biography -- Early works to 1800; Rome -- Biography -- Early works to 1800
First, then, he repealed all Draco's laws, except those concerning
homicide, because they were too severe, and the punishments too great;
for death was appointed for almost all offenses, insomuch that those
that were convicted of idleness were to die, and those that stole a
cabbage or an apple to suffer even as villains that committed sacrilege
or murder. So that Demades, in after time, was thought to have said
very happily, that Draco's laws were written not with ink, but blood;
and he himself, being once asked why he made death the punishment of
most offenses, replied, "Small ones deserve that, and I have no higher
for the greater crimes."
Next, Solon, being willing to continue the magistracies in the hands of
the rich men, and yet receive the people into the other part of the
government, took an account of the citizens' estates, and those that
were worth five hundred measures of fruits, dry and liquid, he placed in
the first rank, calling them Pentacosiomedimni; those that could keep an
horse, or were worth three hundred measures, were named Hippada
Teluntes, and made the second class; the Zeugitae, that had two hundred
measures, were in the third; and all the others were called Thetes, who
were not admitted to any office, but could come to the assembly, and act
as jurors; which at first seemed nothing, but afterwards was found an
enormous privilege, as almost every matter of dispute came before them
in this latter capacity. Even in the cases which he assigned to the
archons' cognizance, he allowed an appeal to the courts. Besides, it is
said that he was obscure and ambiguous in the wording of his laws, on
purpose to increase the honor of his courts; for since their differences
could not be adjusted by the letter, they would have to bring all their
causes to the judges, who thus were in a manner masters of the laws. Of
this equalization he himself makes mention in this manner:
Such power I gave the people as might do,
Abridged not what they had, now lavished new.
Those that were great in wealth and high in place,
My counsel likewise kept from all disgrace.
Before them both I held my shield of might,
And let not either touch the other's right.
And for the greater security of the weak commons, he gave general
liberty of indicting for an act of injury; if any one was beaten,
maimed, or suffered any violence, any man that would and was able, might
prosecute the wrongdoer; intending by this to accustom the citizens,
like members of the same body, to resent and be sensible of one
another's injuries. And there is a saying of his agreeable to this law,
for, being asked what city was best modeled, "That," said he, "where
those that are not injured try and punish the unjust as much as those
that are."
Public-domain text, read in full here on John Shaqi.
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