Diodorus Siculus

BOOK XII - The Library of History



Page 270 altered or amended, a Council should be call'd, and he who would have an alteration, should have a Rope put about his Neck, and so continue while the Votes of the People-concerning the change of the Law were in taking; and if the Assembly did approve of the new Law, then the Author should be discharg'd; but if it were rejected, then he should be forthwith hang'd. By this so severe a Caution to prevent Innovation, new Law-makers disappear'd, and none durst so much as whisper any thing concerning the amendment or alteration of the Laws.

From that time forward, there were at Thurium only Three (forc'd by urgent Provocations) that appear'd and stood up to persuade the People to Abrogation of some Laws. For there was a Law, that he who struck out the Eye of another, should have his own Eye pluckt out. It happened that one who had only one Eye (by the injury of another) lost that also, so that he was altogether blind. In this case although the Offender was to lose his Eye for the injury done to the other, yet the punishment was not thought equivalent to the nature of the Offence; for he who made his Fellow Citizen wholly blind, although by losing one of his Eyes, he satisfied the letter of the Law, yet the loss and prejudice was not equal; and therefore it was conceiv'd to be most equitable and just, that he who depriv'd another of his sight wholly, should lose both his Eyes, if the punishment were proportion'd to the Offence. This blind Man therefore (mov'd and heated with the pain and indignity of the thing) complain'd to the People of his sad Condition, and made his Address to them for amendment of the Law. At length having the Rope about his Neck, he prevail'd, and the Law was abolish'd, and another made more effectual in its place, and so he escap'd hanging. Another Law likewise was moderated, whereby power was given to the Wife in some cases, to leave her Husband, and marry whom else she thought fit. For one grown old (being forsaken by his young Wife) proposed to the People for an amendment of the Law to have this further Addition, That it might be lawful for any Wife that had a desire to leave her Husband, to marry any other Man, provided he were no younger than her former Husband; and that he who cast off his Wife, should marry none younger than the Wife he rejected. And he succeeded so well in his Proposal, that by having the Law amended, he not only escap'd the Rope, but by this means, his Wife that had a Mind to a young Fellow, was forc'd to return to him again.

The Third Law (which Solon likewise had made) which was amended, was that concerning Virgins and Orphans. The Law was, that where there was an Heiress left, the next of Kin might demand her in Marriage; and so on the other hand, a young Woman an Orphan, might demand him that was of her next Kindred in Marriage, and he should be forc'd to marry her; or if she were poor, give her Five Hundred Drachma's for her Portion. There was an Orphan of this kind left of a good Family, but yet extream Poor; she by reason of her Poverty in no likelihood to get a Husband, made her application to the People, and with many Tears bemoaned her desolate condition, and despicable state of Life, and desir'd an amendment of the Law to this purpose, That in lieu of the Five Hundred Drachma's, the next of Kin whom by the Law the Orphan might demand in Marriage, should be forc'd to marry her. The People commiserating her Condition, chang'd the Law, and so she was delivered from the Rope, and the rich Kinsman was forc'd to marry the poor Maid without any Dowry.

Now it remains we should speak of the Death of Charonidas, concerning which, there happened something remarkable and wonderful; for when he was gone forth against some Robbers that made inroads into the Country, before he return'd, there happened a Tumult to be rais'd by the People in one of their Common Assemblies. Determining therefore to make diligent Enquiry into the Cause and Authors of the Sedition, he came hastily in amongst them, with his Sword girt at his side; and a Law he had made, that none should come arm'd into the Senate-house; but had forgotten his Sword then at his Side, and so rushed into the Assembly, and thereby gave an occasion to them that maligned him, to accuse him: Upon which, one cries out, You break the Law which you your self made. No, says he, but I will confirm it; and forthwith ran himself through. Some Writers ascribe this Fact to Diocles the Law-maker of Syracuse.


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