So again Dêmosthenês and Æschinês, in the orations against
Leptinês (c. 21, p. 486) and against Timokrat. pp.
706-707,—compare Æschin. c. Ktesiph. p. 429,—in commenting upon
the formalities enjoined for repealing an existing law and
enacting a new one, while ascribing the whole to Solon,—say,
among other things, that Solon directed the proposer “to post up
his project of law before the eponymi,” (ἐκθεῖναι πρόσθεν τῶν
Ἐπωνύμων): now the eponymi were (the statues of) the heroes from
whom the ten Kleisthenean tribes drew their names, and the law
making mention of these statues, proclaims itself as of a date
subsequent to Kleisthenês. Even the law defining the treatment
of the condemned murderer who returned from exile, which both
Dêmosthenês and Doxopater (ap. Walz. Collect. Rhetor. vol. ii, p.
223) call a law of Drako, is really later than Solon, as may be
seen by its mention of the ἄξων (Dêmosth. cont. Aristok. p. 629).
Andokidês is not less liberal in his employment of the name of
Solon (see Orat. i, De Mysteriis, p. 13), where he cites as a law
of Solon, an enactment which contains the mention of the tribe
Æantis and the senate of five hundred (obviously, therefore,
subsequent to the revolution of Kleisthenês), besides other
matters which prove it to have been passed even subsequent to
the oligarchical revolution of the four hundred, towards the
close of the Peloponnesian war. The prytanes, the proëdri, and
the division of the year into ten portions of time, each called
by the name of _a prytany_,—so interwoven with all the public
proceedings of Athens,—do not belong to the Solonian Athens, but
to Athens as it stood after the ten tribes of Kleisthenês.
Schömann maintains emphatically, that the sworn nomothetæ,
as they stood in the days of Dêmosthenês, were instituted by
Solon; but he admits at the same time that all the allusions of
the orators to this institution include both words and matters
essentially post-Solonian, so that modifications subsequent to
Solon must have been introduced. This admission seems to me fatal
to the cogency of his proof: see Schömann, De Comitiis, ch. vii,
pp. 266-268; and the same author, Antiq. J. P. Att. sect. xxxii.
His opinion is shared by K. F. Hermann, Lehrbuch der Griech.
Staats Alterth. sect. 131; and Platner, Attischer Prozess, vol.
ii, p. 38.
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