[120] Dikæarch. Vita Græciæ, p. 141, Fragm. ed. Fuhr.
[121] Plutarch, Theseus, c. 25: Dionys. Hal. ii, 8.
[122] Etymologic. Magn. Εὐπατρίδαι—οἱ αὐτὸ τὸ ἄστυ οἰκοῦντες, καὶ μετέχοντες τοῦ βασιλικοῦ γένους, καὶ τὴν τῶν ἱερῶν ἐπιμέλειαν ποιούμενοι. The βασιλικὸν γένος includes not only the Kodrids, but also the Erechtheids, Pandionids, Pallantids, etc. See also Plutarch, Theseus, c. 24; Hesychius, Ἀγροιῶται.
Yet Isokratês seems to speak of the great family of the Alkmæonidæ as not included among the eupatridæ. (Orat. xvi, De Bigis, p. 351, p. 506, Bek.)
[123] Meier und Schömann, Der Attische Prozess. Einleitung, p. 10.
[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).
[125] Pollux, viii, 89-91.
[126] We read the θεσμοθέτων ἀνάκρισις in Demosthen. cont. Eubulidem, c. 17, p. 1319, and Pollux, viii, 85; a series of questions which it was necessary for them to answer before they were admitted to occupy their office. Similar questions must have been put to the archon, the basileus, and the polemarch: so that the words θεσμοθέτων ἀνάκρισις may reasonably be understood to apply to all the nine archons, as, indeed, we find the words τοὺς ἐννέα ἄρχοντας ἀνακρίνετε shortly afterwards, p. 1320.
[127] 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.