small proprietors, for whom he legislated,—yet trembling under the
rod of the eupatrid archons, and utterly inexperienced in collective
business,—should have been found suddenly competent to fulfil these
ascendent functions, such as the citizens of conquering Athens in
the days of Periklês,—full of the sentiment of force and actively
identifying themselves with the dignity of their community,—became
gradually competent, and not more than competent, to exercise with
effect. To suppose that Solon contemplated and provided for the
periodical revision of his laws by establishing a nomothetic jury,
or dikastery, such as that which we find in operation during the
time of Dêmosthenês, would be at variance, in my judgment, with any
reasonable estimate either of the man or of the age. Herodotus says
that Solon, having exacted from the Athenians solemn oaths that
_they_ would not rescind any of his laws for ten years, quitted
Athens for that period, in order that he might not be compelled
to rescind them himself: Plutarch informs us that he gave to his
laws force for a century absolute.[211] Solon himself, and Drako
before him, had been lawgivers, evoked and empowered by the special
emergency of the times; the idea of a frequent revision of laws, by a
body of lot-selected dikasts, belongs to a far more advanced age, and
could not well have been present to the minds of either. The wooden
rollers of Solon, like the tables of the Roman decemvirs,[212] were
doubtless intended as a permanent “fons omnis publici privatique
juris.”
[207] Meursius, Solon, _passim_; Sigonius, De Republ. Athen. i,
p. 39 (though in some passages he makes a marked distinction
between the time before and after Kleisthenês, p. 28). See
Wachsmuth, Hellenische Alterthumskunde, vol. i, sects. 46, 47;
Tittmann, Griechische Staatsverfassungen, p. 146; Platner, Der
Attische Prozess, book ii, ch. 5, pp 28-38; Dr. Thirlwall,
History of Greece, vol. ii, ch. xi, pp. 46-57.
Niebuhr, in his brief allusions to the legislation of Solon,
keeps duly in view the material difference between Athens
as constituted by Solon, and Athens as it came to be after
Kleisthenês; but he presumes a closer analogy between the Roman
patricians and the Athenian eupatridæ than we are entitled to
count upon.
[208] Dêmosthen. cont. Timokrat. p. 746. Æschinês ascribes this
oath to ὁ νομοθέτης (c. Ktesiphon. p. 389).
Dr. Thirlwall notices the oath as prescribed by Solon (History of
Greece, vol. ii, ch. xi, p. 47).
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