grave penalty of death was of various kinds,
as the cross, the gibbet, the precipice, the bowl--afflictions seldom
in reserve for the freemen.

As the principle of shame was a main instrument of the penal code of
the Athenians, so they endeavoured to attain the same object by the
sublimer motive of honour. Upon the even balance of rewards that
stimulate, and penalties that deter, Solon and his earlier successors
conceived the virtue of the commonwealth to rest. A crown presented
by the senate or the people--a public banquet in the hall of state--
the erection of a statue in the thoroughfares (long a most rare
distinction)--the privilege of precedence in the theatre or assembly--
were honours constantly before the eyes of the young and the hopes of
the ambitious. The sentiment of honour thus became a guiding
principle of the legislation, and a large component of the character
of the Athenians.

XVIII. Judicial proceedings, whether as instituted by Solon or as
corrupted by his successors, were exposed to some grave and vital
evils hereafter to be noticed. At present I content myself with
observing, that Solon carried into the judicial the principles, of his
legislative courts. It was his theory, that all the citizens should
be trained to take an interest in state. Every year a body of six
thousand citizens was chosen by lot; no qualification save that of
being thirty years of age was demanded in this election. The body
thus chosen, called Heliaea, was subdivided into smaller courts,
before which all offences, but especially political ones, might be
tried. Ordinary cases were probably left by Solon to the ordinary
magistrates; but it was not long before the popular jurors drew to
themselves the final trial and judgment of all causes. This judicial
power was even greater than the legislative; for if an act had passed
through all the legislative forms, and was, within a year of the date,
found inconsistent with the constitution or public interests, the
popular courts could repeal the act and punish its author. In Athens
there were no professional lawyers; the law being supposed the common
interest of citizens, every encouragement was given to the prosecutor
--every facility to the obtaining of justice.

Solon appears to have recognised the sound principle, that the
strength of law is in the public disposition to cherish and revere
it,--and that nothing is more calculated to make permanent the general
spirit of