To distinguish this Solonian constitution from the democracy which
followed it, is essential to a due comprehension of the progress of
the Greek mind, and especially of Athenian affairs. That democracy
was achieved by gradual steps, which will be hereafter described:
Dêmosthenês and Æschinês lived under it as a system consummated and
in full activity, when the stages of its previous growth were no
longer matter of exact memory; and the dikasts then assembled in
judgment were pleased to hear the constitution to which they were
attached identified with the names either of Solon, or of Theseus,
to which they were no less partial. Their inquisitive contemporary
Aristotle was not thus misled: but even the most common-place
Athenians of the century preceding would have escaped the same
delusion. For during the whole course of the democratical movement
from the Persian invasion down to the Peloponnesian war, and
especially during the changes proposed by Periklês and Ephialtês,
there was always a strenuous party of resistance, who would not
suffer the people to forget that they had already forsaken, and were
on the point of forsaking still more, the orbit marked out by Solon.
The illustrious Periklês underwent innumerable attacks both from the
orators in the assembly and from the comic writers in the theatre;
and among these sarcasms on the political tendencies of the day, we
are probably to number the complaint breathed by the poet Kratinus,
of the desuetude into which both Solon and Drako had fallen. “I
swear,[219] said he, in a fragment of one of his comedies, by
Solon and Drako, whose wooden tablets (of laws) are now employed by
people to roast their barley.” The laws of Solon respecting penal
offences, respecting inheritance and adoption, respecting the private
relations generally, etc., remained for the most part in force; his
quadripartite census also continued, at least for financial purposes
until the archonship of Nausinikus in 377 B. C.; so that Cicero and
others might be warranted in affirming that his laws still prevailed
at Athens: but his political and judicial arrangements had undergone
a revolution[220] not less complete and memorable than the character
and spirit of the Athenian people generally. The choice, by way of
lot, of archons and other magistrates, and the distribution by lot
of the general body of dikasts or jurors into pannels for judicial
business, may be decidedly considered as not belonging to Solon,
but adopted after the revolution of Kleisthenês;[221] probably, the
choice of senators by lot also. The lot was a symptom of pronounced
democratical spirit, such as we must not seek in the Solonian
institutions.
[219] Kratinus ap. Plutarch. Solon. 25.—
Πρὸς τοῦ Σόλωνος καὶ Δράκοντος, οἷσι νῦν
Φρύγουσιν ἤδη τὰς κάχρυς τοῖς κύρβεσιν.
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