Such are the only new political institutions, apart from the laws
to be noticed presently, which there are grounds for ascribing to
Solon, when we take proper care to discriminate what really belongs
to Solon and his age, from the Athenian constitution as afterwards
remodelled. It has been a practice common with many able expositors
of Grecian affairs, and followed partly, even by Dr. Thirlwall,[207]
to connect the name of Solon with the whole political and judicial
state of Athens as it stood between the age of Periklês and that of
Dêmosthenês,—the regulations of the senate of five hundred, the
numerous public dikasts or jurors taken by lot from the people, as
well as the body annually selected for law-revision, and called
nomothets, and the prosecution, called the graphê paranomôn, open
to be instituted against the proposer of any measure illegal,
unconstitutional, or dangerous. There is, indeed, some countenance
for this confusion between Solonian and post-Solonian Athens, in
the usage of the orators themselves; for Dêmosthenês and Æschinês
employ the name of Solon in a very loose manner, and treat him as
the author of institutions belonging evidently to a later age for
example, the striking and characteristic oath of the heliastic
jurors, which Demosthenês[208] ascribes to Solon, proclaims itself
in many ways as belonging to the age after Kleisthenês, especially
by the mention of the senate of five hundred, and not of four
hundred. Among the citizens who served as jurors or dikasts, Solon
was venerated generally as the author of the Athenian laws; and
the orator, therefore, might well employ his name for the purpose
of emphasis, without provoking any critical inquiry whether the
particular institution, which he happened to be then impressing upon
his audience, belonged really to Solon himself or to the subsequent
periods. Many of those institutions, which Dr. Thirlwall mentions in
conjunction with the name of Solon, are among the last refinements
and elaborations of the democratical mind of Athens,—gradually
prepared, doubtless, during the interval between Kleisthenês and
Periklês, but not brought into full operation until the period of
the latter (460-429 B. C.); for it is hardly possible to conceive
these numerous dikasteries and assemblies in regular, frequent,
and long-standing operation, without an assured payment to the
dikasts who composed them. Now such payment first began to be made
about the time of Periklês, if not by his actual proposition;[209]
and Dêmosthenês had good reason for contending that, if it were
suspended, the judicial as well as the administrative system of
Athens would at once fall to pieces.[210] And it would be a marvel,
such as nothing short of strong direct evidence would justify us
in believing, that in an age when even partial democracy was yet
untried, Solon should conceive the idea of such institutions: it
would be a marvel still greater, that the half-emancipated thêtes and
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