enough of Solon's institutions--which, if within, are only
just within the scope of true historic ken--survived the
lapse to the tyranny of Peisistratus, to attest a very positive
democratic tendency and indeed intention, and, for all their
deficiencies, to explain how he came to be regarded in time
as the universal legislator and author of the Athenian free
constitution.

According to the conception of Aristotle, what Solon
founded was indeed worthy of the high title of a proper
polity,--a politeia, which is, in modern phraseology, a 'free
constitution,'--inasmuch as it aimed at, and to a large extent
effected, a harmony of diverse powers. He found and left the
council of the Areopagus with its general supervision of morals
and manners and guardianship of legality; this was the Upper
Council,--ἥ ἄνω ßουλή-- as distinguished from a second, the
Probouleutic or Preconsidering Council, which was elected
annually, and as its members held office for life, its prin-
ciple was strictly oligarchical. Again, the Preconsidering
Council, which was also of a time before Solon and of which
a main function was to determine and prepare what business
should be submitted to the popular ¹ cclesia, is defined by
Aristotle, and even in virtue of being elective, and that
annually, as an aristocratic institution. In fact, in the most
democratical of ancient societies it was well understood
that offices which were obtainable through election must
needs be gained by those who could intimidate or bribe or
command deference even independently of special qualifi-
cations, must fall to an aristocracy whether of birth or
of wealth. It was only a change therefore in favour of
aristocracy as contrasted with oligarchy, that the privilege
of birth was now superseded by the limit of a high pro-
perty qualification. The democratic element, however, but
for consideration of which 'the demus would be too nearly

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