action did not, however, fatisfy all the Spartans: the incenfed Queen, by the help of her brother Leonidas, perfuaded many of them, that he was only acting a game, in order to feize, and make himself the more fure of the crown, by the death of the young Prince. To prevent therefore fo vile an infinuation, and fo far from his intention, from gaining credit, Lycurgus withdrew himfelf into a voluntary exile; from which he returned not, till Charilaus was married, and had a fon to fucceed him. This laft action, having at once put an end to all thofe unjuft furmifes which had been raised by his enemies, and procured him the esteem of all thofe who wifhed well to their country, he met with lefs difficulty in the profecution of his more glorious defign, of new modelling the government. Another circumftance which facilitated this change was, that, during his abfence, fuch depravity of manners and corruption in the government had crept into that miferable eftate that not only his friends, but even those who had been his most zealous enemies, were glad to repeat their embaffies, to intreat him to come back, and fave their country from ruin. THESE were the inevitable confequences of that fatal divifion of the regal authority between two competitors; which, however, Lycurgus took a quite different method of remedying, than by confining it again to either of the lines; which might have proved too dangerous a task. He contented himself, therefore, with reducing their authority, by conftituting a fenate endued with the fupreme power in all civil matters, and leaving to the King, befides F 2 besides the title and honour, only the manage ment of military and religious affairs. Thus was the Spartan monarchy changed into a commonwealth, after it had continued in the fame line 610 years. The laws of SOLON, the Athenian lawgiver. HE general frame of the republick being fettled, he gave the Athenians next a body of laws, of which we have ftill fome remaining. These were fo much efteemed, that the Romans fent ambaffadors to Athens, to transcribe them for the use of their state. As thefe tranfcribed laws became the bafis of the Roman Jurifprudence, which has fince been received almoft throughout Europe, under the name of the civil law; we may with reafon affirm, that many of Solon's conftitutions are yet in force. Such as are afcribed to him by antient authors, we fhall give a concife account of in this place. WE fhall begin with one of the most extraordinary ftatutes enacted by this lawgiver, and which has given politicians the most trouble to understand. We are obliged to A. Gellius, for preferving to us the very words of this law. It was thus:. "If, through difcord "or diffention, any fedition or infurrection "rend the people into two parties, fo that "with exafperated minds they take arms, and "fight against each other; he who, at fuch a "time, and in fuch a cafe, fhall not engage "himself in one fide or other, but fhall en"deavour to retire and feparate himself from "the evils fallen on his country, let fuch a 66 ong, "one, lofing houfes, country and estate, be "fent out an exile." Plutarch explains the reafon of it, as does the author firft cited; who highly commends it, and fays, That though, at firft fight, it may feem dangerous to the pu blick peace, yet in truth it was calculated to fupport it; for the wife and juft, as well as the envious and wicked, being obliged to chuse fome fide, matters were easily accommodated; whereas, if the latter only, as is generally the cafe with other cities, had the management of factions, they would, for private reafons, be continually kept up, to the great hurt, if not the utter ruin, of the state. THE rules which Solon gave for bestowing of heireffes have been very harfhly cenfured. We will put them together, that the reader may fee the general intent of the legiflator. The next of kin to an heirefs may require hér in marriage, and fhe may likewife require him; if he refufes, let him pay five hundred drachms. for her dowry. If he who poffeffeth fuch ant inheritrix by law, as her lord and master, be Impotent, let it be lawful for her to admit any of her husband's nearest kindred, and let him who hath married an heiress be obliged to vifit her thrice a month at least. The intent of thefe injunctions was, that neither a rich heir-efs might carry the eftate out of her family, nor a poor one be in danger of marrying below her birth. As to the law allowing a woman to have recourfe to fome of her husband's relations, it might poffibly have been made, to prevent perfons, who knew themfelves to be impotent, from marrying fuch heireffes, and. depriving the next relation of his due... HE enacted, that a bride fhould bring no more with her than three gowns, and fome flight houfhold-goods of little value; and that the bride and bridegroom should be shut into a room together, and there eat a quince: the bride likewife brought an earthen pan, wherein barley was parched, to the house of her hufband. The meaning of all this was, that Solon defired, as much as in him lay, to render marriage no longer a mercenary business, but a contract of minds, founded upon mutual affection. The eating of the quince implied, that: their difcourfes ought to be pleasant to each. other; that fruit making the breath fweet.. The earthen veffel, which was called phrogeteon, fignified, that fhe undertook the bufinefs of the. houfe, and would do her part towards providing for the family. HE ordained, that none fhould revile the dead, even though provoked by the children of the deceased. This law procured him great. applaufe, and had certainly in it much both of humanity and policy. He directed, that none fhould revile any living perfon at facred folemnities, in the courts of justice, or at publick fpectacles, on pain of paying three drachmæ to the perfon reviled, and two more to the publick treafury. He likewife made a law against flander. This great man knew very well, that a general law against anger could never be put in execution: he therefore contented himself with providing, that the paffions of private men should not dishonour religious ceremonies, the juftice of the ftate, or publick diverfions; and that no paffion should excufe calumny. BEFORE : BEFORE Solon's time, citizens had not the power of making wills, but a man's goods and eftates went, whether he would or no, to his heir at law but Solon, having abrogated this cuftom, enacted, that fuch as had no children might leave their eftates to whom they pleafed; preferring friendship to family, and the ties of affection to confanguinity: and he added this provifo to his law, that the maker of fuch a will, fhould be in the full poffeffion of his fenfes, not wrought upon by fickness, potions, bondage, or the blandishments of a wife. Wherein he fhewed his great wifdom, by ma-. king no diftinction between actual constraints, and thofe impofed by art, both having the fame power of putting a man out of his right mind. He likewife ordained, that adopted perfons fhould make no will; but, as foon as they had children lawfully begotten, that they were at liberty to return into the family whence they were adopted; or if they continued in it to: their death, then they were to return back the eftates to the relations of the persons who adopted them. WITH respect to women, and their expences, he made the following laws. When a woman travelled, he permitted her not to carry with her above three gowns, nor to carry any provifions above the value of an obolus; her pannier, or basket, was not to be above a cubit in bignefs; nor was the allowed to travel in the night, but in a chariot, and with torch-light. He forbad them likewife to tear their cheeks, to procure mourning and lamentation at the funerals of fuch as they had no relation to. He allowed not that an ox should be facrificed at funerals, |