pro-bouleutic, or pre-considering, senate. Under
the Solonian constitution, this force was merely secondary
and defensive, but after the renovation of Clisthenes
it became paramount and sovereign. It branched
out gradually into those numerous popular dicasteries
which so powerfully modified both public and private
Athenian life, drew to itself the undivided reverence
and submission of the people, and by degrees rendered
the single magistracies essentially subordinate functions.
The popular assembly, as constituted by Solon, appearing
in modified efficiency and trained to the office of
reviewing and judging the general conduct of a past
magistrate—forms the intermediate stage
between the passive Homeric agora and those omnipotent
assemblies and dicasteries which listened to Pericles
or Demosthenes. Compared with these last, it has
in it but a faint streak of democracy—and
so it naturally appeared to Aristotle, who wrote with
a practical experience of Athens in the time of the
orators; but compared with the first, or with the ante-Solonian
constitution of Attica, it must doubtless have appeared
a concession eminently democratical. To impose
upon the Eupatrid archon the necessity of being elected,
or put upon his trial of after-accountability, by the
rabble of freemen (such would be the phrase
in Eupatrid society), would be a bitter humiliation
to those among whom it was first introduced; for we
must recollect that this was the most extensive scheme
of constitutional reform yet propounded in Greece,
and that despots and oligarchies shared between them
at that time the whole Grecian world. As it appears
that Solon, while constituting the popular assembly
with its pro-bouleutic senate, had no jealousy of the
senate of Areopagus, and indeed, even enlarged its
powers, we may infer that his grand object was, not
to weaken the oligarchy generally, but to improve
the administration and to repress the misconduct and
irregularities of the individual archons; and that,
too, not by diminishing their powers, but by making
some degree of popularity the condition both of their
entry into office, and of their safety or honor after
it.
It is, in my judgment, a mistake to suppose that Solon
transferred the judicial power of the archons to a
popular dicastery. These magistrates still continued
self-acting judges, deciding and condemning without
appeal—not mere presidents of an assembled
jury, as they afterward came to be during the next
century. For the general exercise of such power
they were accountable after their year of office.
Such 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 Pisistratus, Lycurgus,
and Megacles, 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 Themistocles
and Aristides afterward, 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.