[217] Lysias cont. Theomnest. A. c. 5, p. 357, who gives ἐὰν
μὴ προστιμήσῃ ἡ Ἡλίαια as a Solonian phrase; though we are led
to doubt whether Solon can ever have employed it, when we find
Pollux (vii, 5, 22) distinctly stating that Solon used the word
ἐπαίτια to signify what the orators called προστιμήματα.
The original and proper meaning of the word Ἡλίαια is, the public
assembly (see Tittmann, Griech. Staatsverfass. pp. 215-216); in
subsequent times we find it signifying at Athens—1. The aggregate
of six thousand dikasts chosen by lot annually and sworn, or the
assembled people considered as exercising judicial functions; 2.
Each of the separate fractions into which this aggregate body was
in practice subdivided for actual judicial business. Ἐκκλησία
became the term for the public deliberative assembly properly
so called, which could never be held on the same day that the
dikasteries sat (Dêmosthen. cont. Timokrat. c. 21, p. 726): every
dikastery is in fact always addressed as if it were the assembled
people engaged in a specific duty.
I imagine the term Ἡλίαια in the time of Solon to have been
used in its original meaning,—the public assembly, perhaps
with a connotation of employment in judicial proceeding. The
fixed number of six thousand does not date before the time of
Kleisthenês, because it is essentially connected with the ten
tribes; while the subdivision of this body of six thousand into
various bodies of jurors for different courts and purposes
did not commence, probably, until after the first reforms of
Kleisthenês. I shall revert to this point when I touch upon the
latter, and his times.
It is, in my judgment, a mistake to suppose that Solon transferred
the judicial power of the archons to a popular dikastery; these
magistrates still continued self-acting judges, deciding and
condemning without appeal,—not mere presidents of an assembled jury,
as they afterwards came to be during the next century.[218] For the
general exercise of such power they were accountable after their
year of office; and this accountability was the security against
abuse,—a very insufficient security, yet not wholly inoperative.
It will be seen, however, presently, that these archons, though
strong to coerce, and perhaps to oppress, small and poor men,—had no
means of keeping down rebellious nobles of their own rank, such as
Peisistratus, Lykurgus, and Megaklês, each with his armed followers.
When we compare the drawn swords of these ambitious competitors,
ending in the despotism of one of them, with the vehement
parliamentary strife between Themistoklês and Aristeidês afterwards,
peaceably decided by the vote of the sovereign people, and never
disturbing the public tranquillity,—we shall see that the democracy
of the ensuing century fulfilled the conditions of order, as well as
of progress, better than the Solonian constitution.
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