Chap. III.... That laws which appear to deviate from the intentions of the legislator, are often conformable thereto.

The first duty of a legislator is to be just and reasonable. It is unjust to punish a man for not having sided with a party, for he may be either ignorant which party is most actuated by justice, or he may think them both culpable. It is contrary to reason to punish with infamy by positive law, since opinion only can adjudge this punishment; if the laws be in unison with the opinion, it is useless; and if it be contrary to opinion it becomes ridiculous.

Does not Montesquieu mistake the intention of Solon? It would appear to be rather intended to oblige the body of the nation, to take part in the quarrels which might arise between a tyrant, an oppressive senate, or iniquitous magistrates, and the defenders of liberty; in order to secure to these last the support of well disposed citizens, whom fear might have deterred from declaring their sentiments; it was in fact a means by which every particular insurrection would become a civil war; but the motive was consonant with the spirit of the Greek republics.