πρῶτον μὲν οὖν τοὺς Δράκοντος νόμους ἀνεῖλε πλὴν τῶν φονικῶν ἅπαντας, διὰ τὴν χαλεπότητα καὶ τὸ μέγεθος τῶν ἐπιτιμίων. μία γὰρ ὀλίγου δεῖν ἅπασιν ὥριστο τοῖς ἁμαρτάνουσι ζημία θάνατος, ὥστε καὶ τοὺς ἀργίας ἁλόντας ἀποθνήσκειν, καὶ τοὺς λάχανα κλέψαντας ἢ ὀπώραν ὁμοίως κολάζεσθαι τοῖς ἱεροσύλοις καὶ ἀνδροφόνοις.
In the first place, then, he repealed the laws of Draco, all except those concerning homicide because they were too severe and their penalties too heavy. For one penalty was assigned to almost all transgressions, namely death, so that even those convicted of idleness were put to death, and those who stole salad or fruit received the same punishment as those who committed sacrilege or murder.
διὸ Δημάδης ὕστερον εὐδοκίμησεν εἰπὼν ὅτι διʼ αἵματος, οὐ διὰ μέλανος, τοὺς νόμους ὁ Δράκων ἔγραψεν. αὐτὸς δʼ ἐκεῖνος, ὥς φασιν, ἐρωτώμενος διὰ τί τοῖς πλείστοις ἀδικήμασι ζημίαν ἔταξε θάνατον, ἀπεκρίνατο τὰ μὲν μικρὰ ταύτης ἄξια νομίζειν, τοῖς δὲ μεγάλοις οὐκ ἔχειν μείζονα.
Therefore Demades, in later times, made a hit when he said that Draco’s laws were written not with ink, but blood. And Draco himself, they say, being asked why he made death the penalty for most offences, replied that in his opinion the lesser ones deserved it, and for the greater ones no heavier penalty could be found
δεύτερον δὲ Σόλων τὰς μὲν ἀρχὰς ἁπάσας, ὥσπερ ἦσαν, τοῖς εὐπόροις ἀπολιπεῖν βουλόμενος, τὴν δʼ ἄλλην μῖξαι πολιτείαν, ἧς ὁ δῆμος οὐ μετεῖχεν, ἔλαβε τὰ τιμήματα τῶν πολιτῶν, καὶ τοὺς μὲν ἐν ξηροῖς ὁμοῦ καὶ ὑγροῖς μέτρα πεντακόσια ποιοῦντας πρώτους ἔταξε καὶ πεντακοσιομεδίμνους προσηγόρευσε· δευτέρους δὲ τοὺς ἵππον τρέφειν δυναμένους ἢ μέτρα ποιεῖν τριακόσια·
In the second place, wishing to leave all the magistracies in the hands of the well-to-do, as they were, but to give the common people a share in the rest of the government, of which they had hitherto been deprived, Solon made an appraisement of the property of the citizens. Those who enjoyed a yearly increase of five hundred measures (wet and dry), he placed in the first class, and called them Pentakosiomedimnoi; the second class was composed of those who were able to keep a horse, or had a yearly increase of three hundred measures,
καὶ τούτους ἱππάδα τελοῦντας ἐκάλουν· ζευγῖται δʼ οἱ τοῦ τρίτου τιμήματος ὠνομάσθησαν, οἷς μέτρον ἦν συναμφοτέρων διακοσίων. οἱ δὲ λοιποὶ πάντες ἐκαλοῦντο θῆτες, οἷς οὐδεμίαν ἄρχειν ἔδωκεν ἀρχήν, ἀλλὰ τῷ συνεκκλησιάζειν καὶ δικάζειν μόνον μετεῖχον τῆς πολιτείας. ὃ κατʼ ἀρχὰς μὲν οὐδέν, ὕστερον δὲ παμμέγεθες ἐφάνη· τὰ γὰρ πλεῖστα τῶν διαφόρων ἐνέπιπτεν εἰς τοὺς δικαστάς. καὶ γὰρ ὅσα ταῖς ἀρχαῖς ἔταξε κρίνειν, ὁμοίως καὶ περὶ ἐκείνων εἰς τὸ δικαστήριον ἐφέσεις ἔδωκε τοῖς βουλομένοις.
and they were called Hippada Telountes, since they paid a Knight’s tax; the members of the third class, whose yearly increase amounted to two hundred measures (wet and dry together), were called Zeugitai. All the rest were called Thetes, they were not allowed to hold any office, but took part in the administration only as members of the assembly and as jurors. This last privilege seemed at first of no moment, but afterwards proved to be of the very highest importance, since most disputes finally came into the hands of these jurors. For even in cases which Solon assigned to the magistrates for decision, he allowed also an appeal to a popular court when any one desired it.
λέγεται δὲ καὶ τοὺς νόμους ἀσαφέστερον γράψας καὶ πολλὰς ἀντιλήψεις ἔχοντας αὐξῆσαι τὴν τῶν δικαστηρίων ἰσχύν· μὴ δυναμένους γὰρ ὑπὸ τῶν νόμων διαλυθῆναι περὶ ὧν διεφέροντο, συνέβαινεν ἀεὶ δεῖσθαι δικαστῶν καὶ πᾶν ἄγειν ἀμφισβήτημα πρὸς ἐκείνους, τρόπον τινὰ τῶν νόμων κυρίους ὄντας.
Besides, it is said that his laws were obscurely and ambiguously worded on purpose to enhance the power of the popular courts. For since parties to a controversy could not get satisfaction from the laws, the result was that they always wanted jurors to decide it, and every dispute was laid before them, so that they were in a manner masters of the laws.
ἐπισημαίνεται δʼ αὐτὸς αὑτῷ τὴν ἀξίωσιν οὕτως· δήμῳ μὲν γὰρ ἔδωκα τόσον κράτος ὅσσον ἀπαρκεῖ, / τιμῆς οὔτʼ ἀφελὼν οὔτʼ ἐπορεξάμενος· / οἳ δʼ εἶχον δύναμιν καὶ χρήμασιν ἦσαν ἀγητοί, / καὶ τοῖς ἐφρασάμην μηδὲν ἀεικὲς ἔχειν. / ἔστην δʼ ἀμφιβαλὼν κρατερὸν σάκος ἀμφοτέροισι· / νικᾶν δʼ οὐκ εἴασʼ οὐδετέρους ἀδίκως. /
And he himself claims the credit for this in the following words— For to the common people I gave so much power as is sufficient, / Neither robbing them of dignity, nor giving them too much, / And those who had power, and were marvelously rich, / Even for these I contrived that they suffered no harm / I stood with a mighty shield in front of both classes, / And suffered neither of them to prevail unjustly. /
ἔτι μέντοι μᾶλλον οἰόμενος δεῖν ἐπαρκεῖν τῇ τῶν πολλῶν ἀσθενείᾳ, παντὶ λαβεῖν δίκην ὑπὲρ τοῦ κακῶς πεπονθότος ἔδωκε. καὶ γὰρ πληγέντος ἑτέρου καὶ βιασθέντος ἢ βλαβέντος ἐξῆν τῷ δυναμένῳ καὶ βουλομένῳ γράφεσθαι τὸν ἀδικοῦντα καὶ διώκειν, ὀρθῶς ἐθίζοντος τοῦ νομοθέτου τοὺς πολίτας ὥσπερ ἑνὸς μέρη σώματος συναισθάνεσθαι καὶ συναλγεῖν ἀλλήλοις. τούτῳ δὲ τῷ νόμῳ συμφωνοῦντα λόγον αὐτοῦ διαμνημονεύουσιν. ἐρωτηθεὶς γάρ, ὡς ἔοικεν, ἥτις οἰκεῖται κάλλιστα τῶν πόλεων, ἐκείνη, εἶπεν, ἐν ᾗ τῶν ἀδικουμένων οὐχ ἧττον οἱ μὴ ἀδικούμενοι προβάλλονται καὶ κολάζουσι τοὺς ἀδικοῦντας.
Moreover, thinking it his duty to make still further provision for the weakness of the multitude, he gave every citizen the privilege of entering suit in behalf of one who had suffered wrong. If a man was assaulted, and suffered violence or injury, it was the privilege of any one who had the ability and the inclination, to indict the wrong-doer and prosecute him. The law-giver in this way rightly accustomed the citizens, as members of one body, to feel and sympathize with one another’s wrongs. And we are told of a saying of his which is consonant with this law. Being asked, namely, what city was best to live in, That city he replied, in which those who are not wronged, no less than those who are wronged, exert themselves to punish the wrongdoers.
συστησάμενος δὲ τὴν ἐν Ἀρείῳ πάγῳ βουλὴν ἐκ τῶν κατʼ ἐνιαυτὸν ἀρχόντων, ἧς διὰ τὸ ἄρξαι καὶ αὐτὸς μετεῖχεν, ἔτι δʼ ὁρῶν τὸν δῆμον οἰδοῦντα καὶ θρασυνόμενον τῇ τῶν χρεῶν ἀφέσει, δευτέραν προσκατένειμε βουλήν, ἀπὸ φυλῆς ἑκάστης, τεττάρων οὐσῶν, ἑκατὸν ἄνδρας ἐπιλεξάμενος, οὓς προβουλεύειν ἔταξε τοῦ δήμου καὶ μηδὲν ἐᾶν ἀπροβούλευτον εἰς ἐκκλησίαν εἰσφέρεσθαι.
After he had established the council of the Areiopagus, consisting of those who had been archons year by year (and he himself was a member of this body since he had been archon), he observed that the common people were uneasy and bold in consequence of their release from debt, and therefore established another council besides, consisting of four hundred men, one hundred chosen from each of the four tribes. These were to deliberate on public matters before the people did, and were not to allow any matter to come before the popular assembly without such previous deliberation.
τὴν δʼ ἄνω βουλὴν ἐπίσκοπον πάντων καὶ φύλακα τῶν νόμων ἐκάθισεν, οἰόμενος ἐπὶ δυσὶ βουλαῖς ὥσπερ ἀγκύραις ὁρμοῦσαν ἧττον ἐν σάλῳ τὴν πόλιν ἔσεσθαι καὶ μᾶλλον ἀτρεμοῦντα τὸν δῆμον παρέξειν.
οἱ μὲν οὖν πλεῖστοι τὴν ἐξ Ἀρείου πάγου βουλήν, ὥσπερ εἴρηται, Σόλωνα συστήσασθαί φασι· καὶ μαρτυρεῖν αὐτοῖς δοκεῖ μάλιστα τὸ μηδαμοῦ τὸν Δράκοντα λέγειν μηδʼ ὀνομάζειν Ἀρεοπαγίτας, ἀλλὰ τοῖς ἐφέταις ἀεὶ διαλέγεσθαι περὶ τῶν φονικῶν.
Then he made the upper council a general overseer in the state, and guardian of the laws, thinking that the city with its two councils, riding as it were at double anchor, would be less tossed by the surges, and would keep its populace in greater quiet.
Now most writers say that the council of the Areiopagus, as I have stated, was established by Solon. And their view seems to be strongly supported by the fact that Draco nowhere makes any mention whatsoever of Areiopagites, but always addresses himself to the ephetai in cases of homicide.
ὁ δὲ τρισκαιδέκατος ἄξων τοῦ Σόλωνος τὸν ὄγδοον ἔχει τῶν νόμων οὕτως αὐτοῖς ὀνόμασι γεγραμμένον. ἀτίμων ὅσοι ἄτιμοι ἦσαν πρὶν ἢ Σόλωνα ἄρξαι, ἐπιτίμους εἶναι πλὴν ὅσοι ἐξ Ἀρείου πάγου ἢ ὅσοι ἐκ τῶν ἐφετῶν ἢ ἐκ πρυτανείου καταδικασθέντες ὑπὸ τῶν βασιλέων ἐπὶ φόνῳ ἢ σφαγαῖσιν ἢ ἐπὶ τυραννίδι ἔφευγον ὅτε ὁ θεσμὸς ἐφάνη ὅδε.
Yet Solon’s thirteenth table contains the eighth of his laws recorded in these very words: As many of the disfranchised as were made such before the archonship of Solon, shall be restored to their rights and franchises, except such as were condemned by the Areiopagus, or by the ephetai, or in the prytaneium by the kings, on charges of murder or homicide, or of seeking to establish a tyranny, and were in exile when this law was published.
ταῦτα δὴ πάλιν ὡς πρὸ τῆς Σόλωνος ἀρχῆς καὶ νομοθεσίας τὴν ἐξ Ἀρείου πάγου βουλὴν οὖσαν ἐνδείκνυται. τίνες γὰρ ἦσαν οἱ πρὸ Σόλωνος ἐν Ἀρείῳ πάγῳ καταδικασθέντες, εἰ πρῶτος Σόλων ἔδωκε τῇ ἐξ Ἀρείου πάγου βουλῇ τὸ κρίνειν; εἰ μὴ νὴ Δία γέγονέ τις ἀσάφεια τοῦ γράμματος ἢ ἔκλειψις, ὥστε τοὺς ἡλωκότας ἐπʼ αἰτίαις αἷς κρίνουσι νῦν οἱ Ἀρεοπαγῖται καὶ ἐφέται καὶ πρυτάνεις, ὅτε ὁ θεσμὸς ἐφάνη ὅδε, μένειν ἀτίμους, τῶν ἄλλων ἐπιτίμων γενομένων. ταῦτα μὲν οὖν καὶ αὐτὸς ἐπισκόπει.
This surely proves to the contrary that the council of the Areiopagus was in existence before the archonship and legislation of Solon. For how could men have been condemned in the Areiopagus before the time of Solon, if Solon was the first to give the council of the Areiopagus its jurisdiction? Perhaps, indeed, there is some obscurity in the document, or some omission, and the meaning is that those who had been convicted on charges within the cognizance of those who were Areiopagites and ephetai and prytanes when the law was published, should remain disfranchised while those convicted on all other charges should recover their rights and franchises. This question, however, my reader must decide for himself.
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