This seems to explain the reason why it was never mentioned in the
ordinances of Drako, whose silence supplied one argument in favor of
the opinion that it did not exist in his time, and that it was first
constituted by Solon.[124] We hear of the senate of areopagus chiefly
as a judicial tribunal, because it acted in this character constantly
throughout Athenian history, and because the orators have most
frequent occasion to allude to its decisions on matters of trial. But
its functions were originally of the widest senatorial character,
directive generally as well as judicial. And although the gradual
increase of democracy at Athens, as will be hereafter explained, both
abridged its powers and contributed still farther comparatively to
lower it, by enlarging the direct working of the people in assembly
and judicature, as well as that of the senate of Five Hundred, which
was a permanent adjunct and adminicle of the public assembly,—yet
it seems to have been, even down to the time of Periklês, the most
important body in the state. And after it had been cast into the
background by the political reforms of that great man, we still find
it on particular occasions stepping forward to reassert its ancient
powers, and to assume for the moment that undefined interference
which it had enjoyed without dispute in antiquity. The attachment
of the Athenians to their ancient institutions gave to the senate
of areopagus a constant and powerful hold on their minds, and this
feeling was rather strengthened than weakened when it ceased to be an
object of popular jealousy,—when it could no longer be employed as an
auxiliary of oligarchical pretensions.
[124] Plutarch, Solon, c. 19; Aristotle, Polit. ii. 9, 2; Cicero,
De Offic. i. 22. Pollux seems to follow the opinion that Solon
first instituted the senate of areopagus (viii, 125).
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