Such was the principle of the Solonian laws of succession, though the
particulars are in several ways obscure and doubtful. Solon, it appears,
was the first who gave power of superseding by testament the rights of
agnates and gentiles to succession,--a proceeding in consonance with his
plan of encouraging both industrious occupation and the consequent
multiplication of individual acquisitions.
It has been already mentioned that Solon forbade the sale of daughters
or sisters into slavery by fathers or brothers; a prohibition which
shows how much females had before been looked upon as articles of
property. And it would seem that before his time the violation of a free
woman must have been punished at the discretion of the magistrates; for
we are told that he was the first who enacted a penalty of one hundred
drachmas against the offender, and twenty drachmas against the seducer
of a free woman. Moreover, it is said that he forbade a bride when given
in marriage to carry with her any personal ornaments and appurtenances,
except to the extent of three robes and certain matters of furniture not
very valuable. Solon further imposed upon women several restraints in
regard to proceeding at the obsequies of deceased relatives. He forbade
profuse demonstrations of sorrow, singing of composed dirges, and
costly sacrifices and contributions. He limited strictly the quantity of
meat and drink admissible for the funeral banquet, and prohibited
nocturnal exit, except in a car and with a light. It appears that both
in Greece and Rome, the feelings of duty and affection on the part of
surviving relatives prompted them to ruinous expense in a funeral, as
well as to unmeasured effusions both of grief and conviviality; and the
general necessity experienced for legal restriction is attested by the
remark of Plutarch, that similar prohibitions to those enacted by Solon
were likewise in force at his native town of Chaeronea.
Other penal enactments of Solon are yet to be mentioned. He forbade
absolutely evil speaking with respect to the dead. He forbade it
likewise with respect to the living, either in a temple or before judges
or archons, or at any public festival--on pain of a forfeit of three
drachmas to the person aggrieved, and two more to the public treasury.
How mild the general character of his punishments was, may be judged by
this law against foul language, not less than by the law before
mentioned against rape. Both the one and the other of these offences
were much more severely dealt with under the subsequent law of
democratical Athens. The peremptory edict against speaking ill of a
deceased person, though doubtless springing in a great degree from
disinterested repugnance, is traceable also in part to that fear of the
wrath of the departed which strongly possessed the early Greek mind.
Public-domain text, read in full here on John Shaqi.
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