Meier, De Bonis Damnatorum, p. 2, remarks upon the laxity
with which the orators use the name of Solon: “Oratores
Solonis nomine sæpe utuntur, ubi omnino legislatorem quemquam
significare volunt, etiamsi a Solone ipso lex lata non est.”
Herman Schelling, in his Dissertation De Solonis Legibus ap.
Oratt. Attic. (Berlin, 1842), has collected and discussed
the references to Solon and to his laws in the orators. He
controverts the opinion just cited from Meier, but upon arguments
no way satisfactory to me (pp. 6-8); the more so, as he himself
admits that the dialect in which the Solonian laws appear in the
citation of the orators can never have been the original dialect
of Solon himself (pp. 3-5), and makes also substantially the same
admission at Schömann, in regard to the presence of post-Solonian
matters in the supposed Solonian laws (pp. 23-27).
[209] See Boeckh, Public Economy of Athens, book ii, c. 15.
[210] Demosthen. cont. Timokrat. c. 26, p. 731: compare
Aristophanês Ekklesiazus. 302.
[211] Herodot. i, 29; Plutarch, Solon, c. 25. Aulus Gellius
affirms that the Athenians swore, under strong religious
penalties, to observe them forever (ii, 12).
[212] Livy iii, 34.
If we examine the facts of the case, we shall see that nothing more
than the bare foundation of the democracy of Athens as it stood
in the time of Periklês, can reasonably be ascribed to Solon. “I
gave to the people,” Solon says, in one of his short remaining
fragments,[213] “as much strength as sufficed for their needs,
without either enlarging or diminishing their dignity: for those
too who possessed power and were noted for wealth, I took care that
no unworthy treatment should be reserved. I stood with the strong
shield cast over both parties, so as not to allow an unjust triumph
to either.” Again, Aristotle tells us that Solon bestowed upon the
people no greater measure of power than was barely necessary,[214]—to
elect their magistrates and to hold them to accountability: if the
people had had less than this, they could not have been expected
to remain tranquil,—they would have been in slavery and hostile to
the constitution. Not less distinctly does Herodotus speak, when he
describes the revolution subsequently operated by Kleisthenês—the
latter, he tells us, found “the Athenian people excluded from
everything.”[215] These passages seem positively to contradict the
supposition, in itself sufficiently improbable, that Solon is the
author of the peculiar democratical institutions of Athens, such as
the constant and numerous dikasts for judicial trials and revision
of laws. The genuine and forward democratical movement of Athens
begins only with Kleisthenês, from the moment when that distinguished
Alkmæônid, either spontaneously, or from finding himself worsted
in his party strife with Isagoras, purchased by large popular
concessions the hearty coöperation of the multitude under very
dangerous circumstances.
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