Note 127 — Chapter X · IONIC PORTION OF HELLAS. — ATHENS BEFORE SOLON.

Respecting the word θέμιστες in the Homeric sense, see above, vol. ii, ch. xx.

Both Aristotle (Polit. ii, 9, 9) and Dêmosthenês (contr. Euerg. et Mnêsibul. c. 18, p. 1161) call the ordinances of Drako νόμοι, not θεσμοί. Andokidês distinguishes the θεσμοὶ of Drako and the νόμοι of Solon (De Mysteriis, p. 11). This is the adoption of a phrase comparatively modern; Solon called his own laws θεσμοί. The oath of the περίπολοι ἔφηβοι (the youth who formed the armed police of Attica during the first two years of their military age), as given in Pollux (viii, 106), seems to contain at least many ancient phrases: this phrase,—καὶ τοῖς θεσμοῖς τοῖς ἱδρυμένοις πείσομαι,—is remarkable, as it indicates the ancient association of religious sanction which adhered to the word θεσμοί; for ἱδρύεσθαι is the word employed in reference to the establishment and domiciliation of the gods who protected the country,—θέσθαι νόμους is the later expression for making laws. Compare Stobæus De Republic. xliii, 48, ed. Gaisford, and Dêmosthen. cont. Makartat. c. 13, p. 1069.