legislated--yet trembling under the rod of the Eupatrid archons, and
utterly inexperienced in collective business--should have been found
suddenly competent to fulfil these ascendant functions, such as the
citizens of conquering Athens in the days of Pericles, full of the
sentiment of force and actively identifying themselves with the dignity
of their community, became gradually competent, and not more than
competent, to exercise with effect. To suppose that Solon contemplated
and provided for the periodical revision of his laws by establishing a
nomothetic jury or dicastery, such as that which we find in operation
during the time of Demosthenes, would be at variance (in my judgment)
with any reasonable estimate either of the man or of the age. Herodotus
says that Solon, having exacted from the Athenians solemn oaths that
_they_ would not rescind any of his laws for ten years, quitted Athens
for that period, in order that he might not be compelled to rescind them
himself. Plutarch informs us that he gave to his laws force for a
century. Solon himself, and Draco before him, had been lawgivers evoked
and empowered by the special emergency of the times: the idea of a
frequent revision of laws, by a body of lot-selected dicasts, belongs to
a far more advanced age, and could not well have been present to the
minds of either. The wooden rollers of Solon, like the tables of the
Roman decemvirs, were doubtless intended as a permanent "_fons omnis
publici privatique juris_".
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 Pericles can reasonably be ascribed to Solon. "I gave to the people
(Solon says in one of his short remaining fragments) 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 as much power as was indispensable, but no more: the power to
elect their magistrates and 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 Clisthenes--the
latter (he tells us) found "the Athenian people excluded from
everything." 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 dicasts for judicial trials and revision of laws.
The genuine and forward democratical movement of Athens begins only with
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