τῶν δʼ ἄλλων αὐτοῦ νόμων ἴδιος μὲν μάλιστα καὶ παράδοξος ὁ κελεύων ἄτιμον εἶναι τὸν ἐν στάσει μηδετέρας μερίδος γενόμενον. βούλεται δʼ, ὡς ἔοικε, μὴ ἀπαθῶς μηδʼ ἀναισθήτως ἔχειν πρὸς τὸ κοινόν, ἐν ἀσφαλεῖ θέμενον τὰ οἰκεῖα καὶ τῷ μὴ συναλγεῖν μηδὲ συννοσεῖν τῇ πατρίδι καλλωπιζόμενον, ἀλλʼ αὐτόθεν τοῖς τὰ βελτίω καὶ δικαιότερα πράττουσι προσθέμενον, συγκινδυνεύειν καὶ βοηθεῖν, μᾶλλον ἢ περιμένειν ἀκινδύνως τὰ τῶν κρατούντων.
Among his other laws there is a very peculiar and surprising one which ordains that he shall be disfranchised who, in time of faction, takes neither side. He wishes, probably, that a man should not be insensible or indifferent to the common weal, arranging his private affairs securely and glorying in the fact that he has no share in the distempers and distresses of his country, but should rather espouse promptly the better and more righteous cause, share its perils and give it his aid, instead of waiting in safety to see which cause prevails.
ἄτοπος δὲ δοκεῖ καὶ γελοῖος ὁ τῇ ἐπικλήρῳ διδούς, ἂν ὁ κρατῶν καὶ κύριος γεγονὼς κατὰ τὸν νόμον αὐτὸς μὴ δυνατὸς ᾖ πλησιάζειν, ὑπὸ τῶν ἔγγιστα του ἀνδρὸς ὀπύεσθαι. καί τοῦτο δʼ ὀρθῶς ἔχειν τινές φασι πρός τοὺς μὴ δυναμένους συνεῖναι, χρημάτων δʼ ἕνεκα λαμβάνοντας ἐπικλήρους καὶ τῷ νόμῳ καταβιαζομένους τὴν φύσιν. ὁρῶντες γὰρ ᾧ βούλεται τὴν ἐπίκληρον συνοῦσαν ἢ προήσονται τὸν γάμον ἢ μετʼ αἰσχύνης καθέξουσι, φιλοπλουτίας καὶ ὕβρεως δίκην διδόντες.
That law, too, seems absurd and ridiculous, which permits an heiress in case the man under whose power and authority she is placed by law is himself unable to consort with her, to be married by one of his next of kin. Some, however, say that this was a wise provision against those who are unable to perform the duties of a husband, and yet, for the sake of their property, marry heiresses, and so under cover of law, do violence to nature. For when they see that the heiress can consort with whom she pleases, they will either desist from such a marriage, or make it to their shame, and be punished for their avarice and insolence.
εὖ δʼ ἔχει καὶ τὸ μὴ πᾶσιν, ἀλλὰ τῶν συγγενῶν τοῦ ἀνδρὸς ᾧ βούλεται διαλέγεσθαι τὴν ἐπίκληρον, ὅπως οἰκεῖον ᾖ καὶ μετέχον τοῦ γένους τὸ τικτόμενον. εἰς τοῦτο δὲ συντελεῖ καὶ τὸ τὴν νύμφην τῷ νυμφίῳ συγκαθείργνυσθαι μήλου κυδωνίου κατατραγοῦσαν, καὶ τὸ τρὶς ἑκάστου μηνὸς ἐντυγχάνειν πάντως τῇ ἐπικλήρῳ τὸν λαβόντα. καὶ γὰρ εἰ μὴ γένοιντο παῖδες, ἀλλὰ τιμή τις ἀνδρὸς αὕτη πρὸς σώφρονα γυναῖκα, καὶ φιλοφροσύνη πολλὰ τῶν συλλεγομένων ἑκάστοτε δυσχερῶν ἀφαιροῦσα, καὶ ταῖς διαφοραῖς οὐκ ἐῶσα παντάπασιν ἀποστραφῆναι.
It is a wise provision, too, that the heiress may not choose her consort at large, but only from the kinsmen of her husband, that her offspring may be of his family and lineage. Conformable to this, also, is the requirement that the bride eat a quince and be shut up in a chamber with the bridegroom; and that the husband of an heiress shall approach her thrice a month without fail. For even though they have no children, still, this is a mark of esteem and affection which a man should pay to a chaste wife; it removes many of the annoyances which develop in all such cases and prevents their being altogether estranged by their differences.
τῶν δʼ ἄλλων γάμων ἀφεῖλε τὰς φερνάς,ἱμάτια τρία καὶ σκεύη μικροῦ νομίσματος ἄξια κελεύσας, ἕτερον δὲ μηδὲν ἐπιφέρεσθαι τὴν γαμουμένην. οὐ γὰρ ἐβούλετο μισθοφόρον οὐδʼ ὤνιον εἶναι τὸν γάμον, ἀλλʼ ἐπὶ τεκνώσει καὶ χάριτι καὶ φιλότητι γίνεσθαι τὸν ἀνδρὸς καὶ γυναικὸς συνοικισμόν. ὁ μὲν γὰρ Διονύσιος, ἀξιούσης τῆς μητρὸς αὐτοῦ δοθῆναί τινι τῶν πολιτῶν πρὸς γάμον, ἔφη τοὺς μὲν τῆς πόλεως νόμους λελυκέναι τυραννῶν, τοὺς δὲ τῆς φύσεως οὐκ εἶναι δυνατὸς βιάζεσθαι γάμους νυμφαγωγῶν παρʼ ἡλικίαν·
In all other marriages he prohibited dowries; the bride was to bring with her three changes of raiment, household stuff of small value, and nothing else. For he did not wish that marriage should be a matter of profit or price, but that man and wife should dwell together for the delights of love and the getting of children. Dionysius, indeed, when his mother asked him to give her in marriage to one of his citizens, said that, although he had broken the laws of the city by being its tyrant, he could not outrage the laws of nature by giving in marriage where age forbade.
ἐν δὲ ταῖς πόλεσι τὴν ἀταξίαν ταύτην οὐ δοτέον, οὐδὲ περιοπτέον ἀώρους καὶ ἀχαρίτους ἐπιπλοκὰς καὶ μηδὲν ἔργον γαμήλιον ἐχούσας μηδὲ τέλος. ἀλλὰ γέροντι νέαν ἀγομένῳ φαίη τις ἂν ἐμμελὴς ἄρχων ἢ νομοθέτης τὸ πρὸς τὸν Φιλοκτήτην· εὖ γοῦν ὡς γαμεῖν ἔχεις τάλας, / καὶ νέον ἐν δωματίῳ πλουσίας πρεσβύτιδος, ὥσπερ οἱ πέρδικες, ἀπὸ συνουσίας παχυνόμενον ἐξανευρὼν μετοικίσει πρὸς παρθένον νύμφην ἀνδρὸς δεομένην. ταῦτα μὲν οὖν περὶ τούτων.
And so our cities should not allow this irregularity, nor tolerate which age forbids and love does not invite, which do not fulfil the function of marriage, and defeat its object. Nay, to an old man who is marrying a young wife, any worthy magistrate or lawgiver might say what is said to Philoctetes: Indeed, poor wretch, thou art in fine state for marrying! / And if he discovers a young man in the house of a rich and elderly woman, waxing fat, like a cockpartridge, in her service, he will remove him and give him to some marriageable maid that wants a husband. Thus much, then, on this head.
ἐπαινεῖται δὲ τοῦ Σόλωνος καὶ ὁ κωλύων νόμος τὸν τεθνηκότα κακῶς ἀγορεύειν. καὶ γὰρ ὅσιον τοὺς μεθεστῶτας ἱεροὺς νομίζειν, καὶ δίκαιον ἀπέχεσθαι τῶν οὐχ ὑπαρχόντων, καὶ πολιτικὸν ἀφαιρεῖν τῆς ἔχθρας τὸ ἀΐδιον. ζῶντα δὲ κακῶς λέγειν ἐκώλυσε πρὸς ἱεροῖς καὶ δικαστηρίοις καὶ ἀρχείοις καὶ θεωρίας οὔσης ἀγώνων· ἤ τρεῖς δραχμὰς τῷ ἰδιώτῃ, δύο δʼ ἄλλας ἀποτίνειν εἰς τὸ δημόσιον ἔταξε. τὸ γὰρ μηδαμοῦ κρατεῖν ὀργῆς ἀπαίδευτον καὶ ἀκόλαστον· τὸ δὲ πανταχοῦ χαλεπόν, ἐνίοις δὲ ἀδύνατον· δεῖ δὲ πρὸς τὸ δυνατὸν γράφεσθαι τὸν νόμον, εἰ βούλεται χρησίμως ὀλίγους, ἀλλὰ μὴ πολλοὺς ἀχρήστως κολάζειν.
Praise is given also to that law of Solon which forbids speaking ill of the dead. For it is piety to regard the deceased as sacred, justice to spare the absent, and good policy to rob hatred of its perpetuity. He also forbade speaking ill of the living in temples, courts-of-law, public offices, and at festivals; the transgressor must pay three drachmas to the person injured, and two more into the public treasury. For never to master one’s anger is a mark of intemperance and lack of training; but always to do so is difficult, and for some, impossible. And a law must regard the possibilities in the case, if its maker wishes to punish a few to some purpose, and not many to no purpose.
εὐδοκίμησε δὲ κἀν τῷ περὶ διαθηκῶν νόμῳ· πρότερον γὰρ οὐκ ἐξῆν, ἀλλʼ ἐν τῷ γένει τοῦ τεθνηκότος ἔδει τὰ χρήματα καὶ τὸν οἶκον καταμένειν, ὁ δʼ ᾧ βούλεταί τις ἐπιτρέψας, εἰ μὴ παῖδες εἶεν αὐτῷ, δοῦναι τὰ αὑτοῦ, φιλίαν τε συγγενείας ἐτίμησε μᾶλλον καὶ χάριν ἀνάγκης, καὶ τὰ χρήματα κτήματα τῶν ἐχόντων ἐποίησεν.
He was highly esteemed also for his law concerning wills. Before his time, no will could be made, but the entire estate of the deceased must remain in his family. Whereas he, by permitting a man who had no children to give his property to whom he wished, ranked friendship above kinship, and favour above necessity, and made a man’s possessions his own property.
οὐ μὴν ἀνέδην γε πάλιν οὐδʼ ἁπλῶς τὰς δόσεις ἐφῆκεν, ἀλλʼ εἰ μὴ νόσων ἕνεκεν ἢ φαρμάκων ἢ δεσμῶν ἢ ἀνάγκῃ κατασχεθεὶς ἢ γυναικὶ πιθόμενος, εὖ πάνυ καὶ προσηκόντως τὸ πεισθῆναι παρὰ τὸ βέλτιστον οὐδὲν ἡγούμενος τοῦ βιασθῆναι διαφέρειν, ἀλλʼ εἰς ταὐτὸ τὴν ἀπάτην τῇ ἀνάγκῃ καὶ τῷ πόνῳ τὴν ἡδονὴν θέμενος, ὡς οὐχ ἧττον ἐκστῆσαι λογισμὸν ἀνθρώπου δυναμένων.
On the other hand, he did not permit all manner of gifts without restriction or restraint, but only those which were not made under the influence of sickness, or drugs, or imprisonment, or when a man was the victim of compulsion or yielded to the persuasions of his wife. He thought, very lightly and properly, that being persuaded into wrong was no better than being forced into it, and he placed deceit and compulsion, gratification and affliction, in one and the same category, believing that both were alike able to pervert a man’s reason.
ἐπέστησε δὲ καὶ ταῖς ἐξόδοις τῶν γυναικῶν καὶ τοῖς πένθεσι καὶ ταῖς ἑορταῖς νόμον ἀπείργοντα τὸ ἄτακτον καὶ ἀκόλαστον· ἐξιέναι μὲν ἱματίων τριῶν μὴ πλέον ἔχουσαν κελεύσας, μηδὲ βρωτὸν ἢ ποτὸν πλείονος ἢ ὀβολοῦ φερομένην, μηδὲ κάνητα πηχυαίου μείζονα, μηδὲ νύκτωρ πορεύεσθαι πλὴν ἁμάξῃ κομιζομένην λύχνου προφαίνοντος. ἀμυχὰς δὲ κοπτομένων καὶ τὸ θρηνεῖν πεποιημένα καὶ τὸ κωκύειν ἄλλον ἐν ταφαῖς ἑτέρων ἀφεῖλεν.
He also subjected the public appearances of the women, their mourning and their festivals, to a law which did away with disorder and licence. When they went out, they were not to wear more than three garments, they were not to carry more than an obol’s worth of food or drink, nor a pannier more than a cubit high, and they were not to travel about by night unless they rode in a wagon with a lamp to light their way. Laceration of the flesh by mourners, and the use of set lamentations, and the bewailing of any one at the funeral ceremonies of another, he forbade.
ἐναγίζειν δὲ βοῦν οὐκ εἴασεν, οὐδὲ συντιθέναι πλέον ἱματίων τριῶν, οὐδʼ ἐπʼ ἀλλότρια μνήματα βαδίζειν χωρὶς ἐκκομιδῆς. ὧν τὰ πλεῖστα καὶ τοῖς ἡμετέροις νόμοις ἀπηγόρευται· πρόσκειται δὲ τοῖς ἡμετέροις ζημιοῦσθαι τοὺς τὰ τοιαῦτα ποιοῦντας ὑπὸ τῶν γυναικονόμων, ὡς ἀνάνδροις καὶ γυναικώδεσι τοῖς περὶ τὰ πένθη πάθεσι καὶ ἁμαρτήμασιν ἐνεχομένους.
The sacrifice of an ox at the grave was not permitted, nor the burial with the dead of more than three changes of raiment, nor the visiting of other tombs than those of their own family, except at the time of interment. Most of these practices are also forbidden by our laws, but ours contain the additional proviso that such offenders shall be punished by the board of censors for women, because they indulge in unmanly and effeminate extravagances of sorrow when they mourn
Cite This Text