From these eupatridæ exclusively, and doubtless by their selection,
the nine annual archons—probably also the prytanes of the
naukrari—were taken. That the senate of areopagus was formed of
members of the same order, we may naturally presume: the nine
archons all passed into it at the expiration of their year of
office, subject only to the condition of having duly passed the
test of accountability; and they remained members for life. These
are the only political authorities of whom we hear in the earliest
imperfectly known period of the Athenian government, after the
discontinuance of the king, and the adoption of the annual change
of archons. The senate of areopagus seems to represent the Homeric
council of old men;[123] and there were doubtless, on particular
occasions, general assemblies of the people, with the same formal and
passive character as the Homeric agora,—at least, we shall observe
traces of such assemblies anterior to the Solonian legislation.
Some of the writers of antiquity ascribed the first establishment
of the senate of areopagus to Solon, just as there were also some
who considered Lykurgus as having first brought together the Spartan
gerusia. But there can be little doubt that this is a mistake,
and that the senate of areopagus is a primordial institution,
of immemorial antiquity, though its constitution as well as its
functions underwent many changes. It stood at first alone as a
permanent and collegiate authority, originally by the side of the
kings and afterwards by the side of the archons: it would then
of course be known by the title of _The_ Boulê,—_The_ Senate, or
council; its distinctive title, “Senate of Areopagus,” borrowed from
the place where its sittings were held, would not be bestowed until
the formation by Solon of the second senate, or council, from which
there was need to discriminate it.
[123] Meier und Schömann, Der Attische Prozess. Einleitung, p. 10.
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