HKB
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."
When he had constituted the Areopagus of those who had been yearly archons, of which he himself was a member therefore, observing that the people, now free from their debts, were unsettled and imperious, he formed another council of four hundred, a hundred out of each of the four tribes, which was to inspect all matters before they were propounded to the people, and to take care that nothing but what had been first examined should be brought before the general assembly. The upper council, or Areopagus, he made inspectors and keepers of the laws, conceiving that the commonwealth, held by these two councils, like anchors, would be less liable to be tossed by tumults, and the people be more at quiet. Such is the general statement, that Solon instituted the Areopagus; which seems to be confirmed, because Draco makes no mention of the Areopagites, but in all causes of blood refers to the Ephetae; yet Solon's thirteenth table contains the eighth law set down in these very words: "Whoever before Solon's archonship were disfranchised, let them be restored, except those that, being condemned by the Areopagus, Ephetae, or in the Prytaneum by the kings, for homicide, murder, or designs against the government, were in banishment when this law was made;" and these words seem to show that the Areopagus existed before Solon's laws, for who could be condemned by that council before his time, if he was the first that instituted the court? unless, which is probable, there is some ellipsis, or want of precision, in the language, and it should run thus, -- "Those that are convicted of such offenses as belong to the cognizance of the Areopagites, Ephetae, or the Prytanes, when this law was made," shall remain still in disgrace, whilst others are restored; of this the reader must judge.
Amongst his other laws, one is very peculiar and surprising, which disfranchises all who stand neuter in a sedition; for it seems he would not have any one remain insensible and regardless of the public good, and, securing his private affairs, glory that he has no feeling of the distempers of his country; but at once join with the good party and those that have the right upon their side, assist and venture with them, rather than keep out of harm's way and watch who would get the better. It seems an absurd and foolish law which permits an heiress, if her lawful husband fail her, to take his nearest kinsman; yet some say this law was well contrived against those, who, conscious of their own unfitness, yet, for the sake of the portion, would match with heiresses, and make use of law to put a violence upon nature; for now, since she can quit him for whom she pleases, they would either abstain from such marriages, or continue them with disgrace, and suffer for their covetousness and designed affront; it is well done, moreover, to confine her to her husband's nearest kinsman, that the children may be of the same family. Agreeable to this is the law that the bride and bridegroom shall be shut into a chamber, and eat a quince together; and that the husband of an heiress shall consort with her thrice a month; for though there be no children, yet it is an honor and due affection which an husband ought to pay to a virtuous, chaste wife; it takes off all petty differences, and will not permit their little quarrels to proceed to a rupture.