by an higher Tribunal Then the two Parties were plac'd upon two silver Foot-stools the Accuser was plac'd upon the Stool of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Injury the Prisoner upon the Stool of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Impudence or according to Adrian Iunius's Correction of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Innocence these were two Goddesses to which Altars and afterwards Temples were erected in the Areopagus The Accuser in this place propos'd three Questions to the Prisoner call'd by Aeschylus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to each of which he was to give a distinct Answer The first was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Are you guilty of this Murder to which he made answer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Guilty or Not guilty Secondly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Why did you commit this Murder Thirdly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Who were your Partners and Accomplices in the Fact In the next place the two Parties impleaded each other and the Prisoner was allow'd to make his Defence in two Orations the first of which when he had ended he was permitted to secure himself by Flight and go into voluntary Banishment if he suspected the goodness of his Cause which Privilege if he made use of all his Estate was confiscated and expos'd to Sale by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the primitive Times both Parties spoke for themselves but in later Ages they were permitted to have Counsel to plead for them But whoever it was that spoke he was to represent the bare and naked Truth without any Preface or Epilogue without any Ornaments Figures of Rhetorick or any other insinuating Means to win the Favour or move the Affections of the Judges Both Parties being heard if the Prisoner was resolv'd to stand the Tryal they proceeded to give Sentence which they did with the most profound Gravity and Silence hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 came to be proverbial Sayings tho' some derive them from their Reâ—erveâ—ness and severe Gravity and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is usually taken for a grave majestick rigid Person and others from the grâ—at care they took to conceal the Transactions of their Senate of which the Poet speaks Ergo occulta reges ut Curia Martis Athenis The manner of giving Sentence was thus There were plac'd in the Court two Urns one of which was of Brass and they call'd it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the place it stood in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the Votes cast into it pronounc'â— the Accusation valid and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they decree'â—â—he death of 〈◊〉 â—â—isoner The second Urn was of Wood being plac'd behind the former into it they that acquitted the Prisoner were to cast thâ—ir Suffrages for which reasons it was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Afterwards the Thirty Tyrants having made themselves Maâ—ters of the City order'd them to give thâ—ir Voices in a manner more publick and open by casting their Calculi upon two Tables the former of which contain'd the Suffrages that acquitted the latter those that condemn'd the Prisoner to the End that it might be known which way every Man gave his Voice and how he stood affected to their interest and Proceedings Beside the Crimes that came peculiarly under their Cognizance there were sometimes others brought before them in which their Sentence was not final or decretory for there lay an Appeal to the Court to which they properly belong'd as Sigonius observes The Senators of Areopagus were never rewarded with Crowns for their Services being not permitted to wear theâ— but receiv'd a sort of Maintenance from the Publick which they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Meursius has observ'd out of Lucian that they had the same Pension that was allotted to some other Judges viz. three Oboli for every Cause they gave judgment upon Their Authority was preserv'd to them entire till the time of Pericles who because he could not be admitted amongst them as never having born the Office of an Archon employ'd all his Power and Cunning against them and having gotten a great Interest with the Commonalty so embroil'd and routed their Senate by the assistance of Ephialtes that most of the Causes and Matters which had been formerly try'd there were discharg'd from their Cognizance From this time the Athenians being in a great measure free'd from the restraint that had been laid upon them began sensibly to degenerate from their anciâ—nt Vertue and in a short time let loose the Reins to all manner of Licentiousness and therefore are compar'd by Plutarch to a wild unruly Horse that having flung his Rider would be govern'd and kept in no longer The same Vices and Excesses that were practis'd in the City crept in by degrees amongst the Areopagites themselves and therefore Demetrius one of the Family of the Phalerean being censur'd by them as a loose Liver told them plainly that if they design'd to make a Reformation in the City they must begin at Home for that even amongst them there were several Persons of as bad and worse Lives than himself and which was a more unpardonable Crime than any that he had been guilty of several that debauch'd and corrupted other Men's Wives and were themselves corrupted and seduc'd by Bribes CHAPTER XX. Of some other Courts of Justice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Court of Judicature instituted in the Reign of Demophoon the Son of Theseus upon this Account Some of the Argives under the Conduct of Diomedes or as others say of Agamemnon being driven in the Night upon the Coasts of Attica landed at the Haven of Phalerus and supposing it to be an Enemies Country went out to spoil and plunder it The Athenians presently took the Alarm and having united themselves into one Body under the Conduct of Demophoon repuls'd the Invaders with great Loss killing a great many of them upon the place and forcing the rest to retire into their Ships but upon the approach of Day Acamas the Brother of Demophoon finding amongst the dead Bodies the Palladium or Statue of Minerva brought from Troy discover'd that the Persons they had kill'd were their Friends and Allies whereupon having first advis'd with an Oracle they gave them an honourable Burial in the place where they were slain consecrated the Goddess's Statue erecting a Temple to her and instituted a Court of Justice in which Cognizance was taken of such as were indicted for involuntary Murders The first that was arraign'd in it was Demophoon who in his return from the fore-mention'd Conflict kill'd one of his own Subjects by a sudden turn of his Horse Others report that Agamemnon being enrag'd at the loss of his Men and diâ—â—aâ—isfied at Demophoon's rash and hasty Attempt upon them referâ—'d the Quarrel to the decision of Fifty Athenians and as many Argians whom they
let him enter for if any Man came after the Cause began to be discuss'd he could not have Admission as not being capable of giving Sentence because he had not heard all that both Parties could say for themselves Then the Magistrate propos'd the Cause to the Judges and gave them Power to determine it the doing which they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Cause it self 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Person that enter'd it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For by the Laws of Athens there were certain Causes brought before several of the Magistrates who had no Power to determine them by a final Decision but were only to examine into the Matter and if it deserv'd to be heard in the Court refer it to the Cognizance of Judges appointed for that purpose upon a Day fix'd by himself and this is what they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then the Indictment was read by the publick Cryer in which were contain'd the reasons of the Accusation with an account of the Injury said to be receiv'd the manner also of it and the dammage suffer'd by the Plaintiff the Heads of which the Judges took in writing If the Person accus'd did not make his appearance Sentence was given against him without any farther trouble and this they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But if in the space of Ten Days he came and presented himself proving that he had been detain'd by Sickness or any other extraordinary and unavoidable Necessity the former Sentence was disannull'd and therefore this Proceeding they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then the Tryal was to be brought on afresh within the space of two Months by the Defendant and this they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the doing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but if he neglected to have the Cause decided in that Time the former Sentence was to stand good and be put in Execution upon him Beside this the Defendant was permitted to make three Pleas for himself before the Cause was put to a final Decision 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereby he alledg'd that the accusation was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or capable of being tryed at that time as for instance if the Injury said to be receiv'd from him haâ— been done so long before that the Law could take no hold of him for it or if he had been before tryed and acquitted or condemn'd and punish'd for it This Plea the Defendant obviated by proving the contrary of what the Plaintiff objected and this with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was by one common Name call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereby he desired the Judicial Process might be differr'd giving in upon Oath that some urgent Occasion such as the sickness of himself or Relations hindred him from attending the Court at that Time 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereby the Defendant turn'd Plaintiff and retorted the Accusation upon his Adversary If the Defendant urg'd none of these Pleas but was willing that the Tryal should immediately go forward he was said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Prâ—cess was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then both Parties took solemn Oaths the Plaintiff swore That he had been injur'd by the Defendant the Defendant That he had not injur'd the Plaintiff The Plaintiff's Oath was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Defendant's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as most of the Grammarians are of Opinion but in Pollux the Defendant's Oath is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Plaintiff's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and both of them were nam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 These Oaths together with the allegations of the Witnesses were deliver'd in writing to the Judges by whose order they were put together into a Vessel of Brass or sometimes of Earth call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In Causes wherein the Publick was concern'd the Plaintiff took a â—arther Oath that he would accept no bribes nor be by any means prevail'd upon to act treacherously in the Cause or desist from the legal prosecution of it Before the Tryal began both Parties were oblig'd to deposite a certain summ of money which they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 into the hands of the Magistrate that enter'd their Cause into the Court who upon failure of the payment immediately expung'd the Cause out of the Roll and hindred it from proceeding any farther If the Cause in Debate was concerning the value of an Hundred Drachms or upwards to a Thousand they deposited three Drachms if it's value was upwards of a Thousand and not above Ten-thousand they deposited Thirty which after the Decision of the Cause were divided among the Judges and the Person that was Cast was oblig'd beside the payment of other Charges to restore the Money to his Adversary 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a summ of Money deposited by those that sued the Common-wealth for confiscated Goods or any others that were claim'd by the publick Exchequer or private Persons for the inheritances of Heiresses the former deposited the fifth the latter the tenth part of the Estate contended for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was one Drachm deposited in Law-suits about small and private Matters which were decided by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Fine laid upon those that could not prove the Indictment they had brought against their Adversaries so call'd because they were oblig'd to pay the sixth part of the Value of the thing they contended for from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because out of every Drachm they deposited one Obolus which is the sixth part of a Drachm Some of these summs were deposited in all Law-suits a very few excepted before the Tryal could proceed Then the Witnesses were produc'd and is any of them refus'd to make his Appearance he was summon'd by a Sergeant whom they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and if he seem'd unwilling to be an Evidence had three things propos'd to him viz. To swear to the Fact To aâ—jure iâ— or deny that he was privy to it or lastly to pay a Mulct of a Thousand Drachms he that was fin'd for refusing the Oath or that took it out of fear was said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he that was only summon'd and took it voluntarily 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Oath was taken at the Altar with all the Solemnity imaginable to which end they erected Altars in all the Courts of Judicature The Persons that gave Evidence were Men of Credit Free-born and disinterested for no Man's Oath was taken in his own Cauâ—e and such as by their ill Behaviour had forfeited their Privileges and were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or disfranchis'd had not Reputation enough to deserve belief the Slaves were not permitted to have any Concern in publick Business and therefore could neither be Evidences except they were examin'd upon the Rack nor plead
it is probable it was the same with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Fetters with five holes mention'd by Pollux and seems to resemble the punishment of binding Neck and Heels us'd amongst our Souldiers Aristophanes calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as his Scholiast informs us in his Comment upon these words in Lysistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Women must have their stiff and haughty Necks With Fetters crampt least they grow insolent And us of our Authority divest For see here in this Canvass-pourtraiture By skilful Micon drawn how th' Amazons Mounted on prancing Steeds with burnisht spears engage Mr. Abell 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies Fetters in which the Feet or Legs were made fast as we are inform'd by Aristophanes in his Plutus where speaking of an impudent and insolent Slave he saith he deserves to be set in the Stocks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You 'r ' ripe you Rogue for Fetters the Stocks groan for you Not much unlike this seems to have been the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the matter it was made of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a piece of Wood to which the Malefactor was bound fast as the same Poet reports 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Here Lictor bring him in and bind him to the Rack And a little after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Order the Executioner to strip Me naked and to cord me to the Rack Mr. Abell Beside these many others occurr in Authors which barely to mention would be both tedious and unnecessary 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 perpetual Banishment whereby the condemned Persons were depriv'd of their Estates which were publickly expos'd to Sale and compell'd to leave their Countrey without any possibility of returning except they were recall'd which sometimes happen'd by the same Power that expell'd them wherein it differ'd from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which only commanded a Ten years absence at the end of which the banish'd Persons were permitted to return and enjoy their Estates which were all that time preserv'd entire to them It was instituted not so much with a design to punish the Offender as to mitigate and pacifie the furie of the Envious that delighted to depress those who were eminent for their Virtues and glorious Actions and by fixing this disgrace upon them to exhale part of the venemous rancour of their Minds The first that underwent this condemnation was as Plutarch reports Hipparchus the Cholargian a Kins-man to the Tyrant of the same Name Eustathius makes it much ancienter and carries it as high as Theseus's Time who he tells us out of Theophrastus and Pausanias was the first that suffer'd it Heraclides will have it to have been first instituted by Hippias the Tyrant a Son of Pisistratus Photius by one Achilles the Son of Lyco and Aelian by Clisthenes who also as he tells us was the first that underwent it It was never inflicted upon any but great Persons Demetrius the Phalerian as Plutarch reports will have it to have happen'd to none but Men of great Estates and therefore as an argument to prove the pleâ—tiful condition of Aristides whom he maintains to have been possess'd of a large Fortune contrary to the opinion of most other Writers he alledg'd that he was banish'd by Ostracism But my Author is of another opinion and not without reason for all Persons were liable to the Ostracism who for Reputation Quality Riches or Eloquence were esteem'd above the common level and expos'd to the envy of the People insomuch that even Damon Preceptor to Pâ—ricles was banish'd thereby because he seem'd a Man of more than ordinary Sence Afterwards when base mean and villainous Fellows became subject to it they quite left it off Hyperbolus being the last whom they banish'd by Ostracism This Hyperbolus was a very rascally Fellow who furnish'd all the Writers of Comedy in that Age with matter for their Satirical invectives but he was wholly unconcern'd at the worst things they could say and being careless of glory was also insensible of shame he was neither lov'd nor esteem'd by any body but was a necessary tool for the People and frequently made use of by them when they had a mind to disgrace or calumniate any Person of Authority or Reputation The cause of his Banishment was this Alcibiades Nicias and Phaeax at that time were of different Factions and each of them bearing a great sway in the City lay open to the envy of the inferiour Citizens who at Hyperbolus's perswasion were very eager to decree the Banishment of some one of them Alcibiades perceiving the danger they were in consulted with Nicias or Phaeax for it is not agree'd whether and so contriv'd matters that by uniting their several parties the Ostracism fell upon Hyperbolus when he expected nothing of it Hereupon the People being offended as if some contempt or affront had been put upon the Thing left off and quite abolish'd it It was perform'd to be short in this manner Every one taking an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Tyle carried it to a certain part of the Market-place surrounded with wooden Rails for that purpose in which were ten Gates appointed for the ten Tribes every one of which enter'd at a distinct Gate That being done the Archons number'd all the Tyles in gross for if there were fewer than six-thousand the Ostracism was void then laying every name by it self they pronounc'd him whose name was written by the major part banish'd for ten Years enjoying his Estate This punishment was sometimes call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by which the People gave their Suffrages were Earthen Tyles or pieces of broken Pots The like was us'd at Argos Megara and Miletum and the Syracusian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was instituted upon the same account in the third Year of the eighty-sixth Olympiad but differ'd from it in this That this Banishment was but for five Years and instead of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the People made use of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Leaves usually those of the Olive-tree in giving their Voices 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Death was inflicted on Malefactors several ways the chief of which were these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with which the Criminal was beheaded 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with which he was either strangled after the Turkish fashion or hang'd in the manner usual amongst us for that this was a very ancient but withal a very ignominious Punishment appears from Homer in whom Ulysses and Telemachus punish the Men that took part with the young Gentlemen who made love to Penelope only with a common and ordinary Death but the Maid-servants that had submitted to their Lust and
the Gymnical exercises Let him be disfranchis'd who beats his Parents or does not provide for them If any Man being found guilty of abusing his Parents frequent prohibited places the Eleven â—hall Fetter him and bring him to Tryal at the Heliaean Court where any one who is impower'd thereto may accuse him if he 's here cast the Heliaean Judges shall inflict upon him what punishment they please and if they Fine him let him be clapt up in Gaol till he pays the whole No Bastards or such as have been brought up to no Employ shall be oblig'd to keep their Parents If any one's Estate after his decease shall be call'd in question the enjoyer of it is oblig'd to prove the Lawfulness of his Parent 's getting it according to that Golden Precept Honour your Parents He that is undutiful to his Parents shall be uncapable of bearing any Office If thro' the infirmity of old Age or torture of a Disease any Father be found craz'd and distemper'd in mind a Son may forthwith have an Action against him wherein if he be cast he may keep him in bonds Laws belonging to Sojourners EVery Sojourner is to choose his Patron out of the Citizens who is to pay his Tribute to the Collectors and take care of all his other concerns Let there be an Action against them who don't choose a Patron or pay Tribute In this Action no Forreigner shall appear as a Witness Let them be cast into Prison before Sentence is past without any grant of Bailment on whom the Action of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is laid but if condemn'd they shall be sold whoever is acquitted of this imputation may accuse his adversary of Bribery Laws relating to Slaves and Free'd-servants HE that beats another Man's Servant may have an Action of Battery brought against him No one may Sell a Captive for a Slave without the consent of his former Master if any Captive hath been sold he shall be rescu'd and let his rescuer put in Sureties for his appearance before the Polemarchus If any Slave's Freedom hath been unjustly asserted by another the Asserâ—or shall be liable to pay half the price of the Slave Any Slave unable to drudge under the Imperiousness of his Master may compell him to let him quit his service for one more mild and gentle Slaves may buy themselves out of bondage No Slaves are to have their Liberty given them in the Theater the Cryer that proclaims it shall be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All emancipated Slaves shall pay certain services and due Homage to the Procurers of their Liberty choosing them only for their Patrons and not be wanting in the performance of those Duties to which they are oblig'd by Law Patrons are permitted to bring an Action of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against such Free'd-Slaves as are remiss in the foremention'd Duties and reduce them to their pristine state of Bondage if the charge be prov'd against them but if the accusation be groundless they shall entirely possess their Freedom Any who have a mind whether Citizens or Strangers may appear as Evidence in the above-mention'd Cause He that redeems a Prisoner of War may claim him as his own unless the Prisoner himself be able to pay his own Ransom Maintenance is by no means to be given to a Slave careless in his Duty Laws concerning the Senate of Five-hundred NO one is to be twice an Epistatâ— The Oath of the Senate I pass by as before treated of The Establishment of Phocus runs That Senators with the rest of the Athenians shall keep the Feast call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as is usual by the custom of the Country and that there shall be an Adjournment of the Senate and Vacations of lesser Courts for five-days from the time in which the Protenthae begin to celebrate the Solemnity The Cryer shall pray for the good success of Affairs and encourage all Men to lay out their endeavours on that design The Cryer shall curse him openly with his Kindred and Family who shall appear at the Sessions and plead Causes for Lucre. Let the most grave of the Senators having decently compos'd their Bodies deliver their most prudent and wise thoughts to the People and after them let such of the rest as will do the like one by one according to seniority In every Assembly let there be one Tribe elected to preside and to look after the Laws The Prytanes are not to authorize the People to Vote twice for the same thing The Senate of Five-hundred may Fine as far as five-hundred Drachms Let the Senate of the Five-hundred build new Ships Such as have not built any shall be refâ—â—'d the donation of Crowns This Senate shall give account of their Administration and they who have executed their Offices well shall be rewarded with Crowns Laws which concern Magistrates NONE shall be Magistrates but they who have competent Estates The Election of Magistrates shall be by Beans It shall be punishable with Death to pass two Suffrages for the same Candidate The Archons shall be created by the People No one shall bear the same Office twice or enter on two several the same Year All Magistrates that are elected by Suffrages Surveyors of publick Works and they who have any Authority in the City upward of thirty days with those who preside over the Courts of Judicature shall not enter on their respective Offices till they have undergone the accustom'd Examination and after the expiration of those Offices they shall give an account of the discharge of their Trust before the Scribe and Logistae as other Magistrates are oblig'd to do This shall be the manner So much I receiv'd from the Publick so much I laid out or in the reverse Such as have not made up their accounts shall expend none of their money in Divine uses nor be Patrons or Witnesses nor shall they have license to travel bear another Office or have the honour of a Crown conferr'd on them It 's Death for any one in debt to be invested with a publick Trust. It 's also Death to attempt Usurpation Let him be out-law'd who shall continue in his Magistracy after the dissolution of Democratical government whereupon it shall be lawful for any one to kill such a Person and make seisure of his Goods A Psephism THIS Decree was made by the Senate and Athenian State the Tribe Aeantis being Prytanes Cleogenes Clerk Boëthus chief President and Demophantus it's Ingrosser the date of this Psephism is from the election of the Senate of Five-hundred and thus it runs If any one levels at the ruine of the Common-wealth or after it's subversion bears any Office let that Man be censur'd as an Enemy to the State and dispatch'd out of the way let all his Goods saving the tenth part to be confiscated to Minerva be expos'd to Sale he that kills him with all his Assistants shall be blameless herein and free from the guilt of his Death all Athenians likewise in
a Serpent or a Man for his Cruelty so call'd who possess'd this place and was overcome by Apollo or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. to putrifie because the Carkase of Pytho was suffer'd to lye there and putrifie and this reason is given us by Homer or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. to enquire because the Oracle was there consulted and enquired of and this is Strabo's opinion or from Pytho another name of Delphi the place of this Oracle given it from Pythis the Son of Delphus the Son of Apollo The City Delphi as Strabo reports was by some thought to be plac'd in the middle of the World and the Poets feign that Iupiter being desirous to know the middle part of the Earth sent forth two Eagles or Crows as Pindar or Swans as others relate one from the East the other from the West and that they met in this Place However that be Strabo telleth us it was plac'd in the middle of Greece whence it is by the Poets commonly call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word signifieth a Navil because that is the middle part of Man's body and therefore Sophocles calls this Oracle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in allusion to that name Strabo and Pausanias say there was to be seen in the Temple the figure of a Navil made of white Stone with a Ribband hanging from it instead of the Navil-string and upon it were plac'd two Eagles in memory of the Eagles sent forth by Iupiter But Lactantius and Phurnutus are of opinion that this Name was not deriv'd from the Situation of the Place but from the divine Answers that were given there and are in Greek call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Concerning the Original of this Oracle there are various Reports Diodorus the Sicilian tells us it first belong'd to Earth by whom Daphne one of the Mountain-Nymphs was constituted Priestess the same Author afterwards saith that in a Greek Poem call'd Eumolpia it is reported to have been sacred both to Earth and Neptune and that Earth gave Answers her self but Neptune had an Interpreter nam'd Pyrco and that afterwards Neptune resign'd his part to Earth This Goddess was succeeded by Themis who gave Oracles about the time of Deucalion's Deluge and was consulted by him some there are that will have Themis to have possess'd this Oracle from the beginning and in Coelius we find that others say it belong'd to Saturn However that be at length it came into the hands of Apollo nor did he long enjoy it alone for in the War against the Sons of Titan Bacchus being mangled and torn in pieces by them was afterwards restor'd to his Brother Apollo who receiv'd him into his Temple and order'd that divine Honours should be paid him there This Fable you may find quoted out of Callimachus and Euphorion by Isaac Tzetzes in his Comment upon Lycophron where Agamemnon is brought in sacrificing to Bacchus in the Temple of Delphinian Apollo Hence some say the City Delphi was so call'd q. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word signifieth Brethren because Apollo and Bacchus were both Sons of Iupiter We find it related in Diodorus the Sicilian that this Oracle was first discover'd by Goats in memory whereof the Delphians when they ask'd Counsel of the God for the most part offer'd a Goat The manner of the discovery was thus Upon Mount Parnassus where Goats were wont to feed there was a deep Cavern with a small narrow Mouth to which when any of the Goats approach'd they began immediately to leap after an unusual and antick manner uttering strange and unheard of sounds the Goat-herd Plutarch calls him Coretas observing this and wondring what should be the cause of it went himself to view the Cavern whereupon he also was seiz'd with a like Fit of Madness leaping and dancing and fore-telling things to come This being nois'd abroad vast Multitudes of People flock'd to the Place where as many as look'd in were inspir'd after the same manner At length when many were possess'd with such a degree of Divine Phrenzy as to throw themselves headlong into the Vorago there was an Edict put out whereby it was made unlawful for any Man to approach to it and a Tripus was plac'd upon the Mouth of it upon which a Virgin was appointed to sit and there deliver the Answers of the God This is the most common Account of the Original of this Oracle Pausanias hath given some others which I shall forbear to mention being unwilling to abuse the Reader 's patience in the repetition of any more vain and useless Fables Thus much however is certain if any thing at such a distance may be call'd so viz. That this Oracle was very ancient and flourish'd above an hundred Years before the Trojan War Concerning the Tripus plac'd upon the mouth of the Cavern there are different Opinions some say it was a Pot fill'd with dust thro' which the Afflatus pass'd into the Virgin 's Belly and thence proceeded out of her Mouth The Scholiast upon Aristophanes saith it was a wide-mouth'd Brass-Pot fill'd with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Pebbles by the leaping of which the Prophetess made her Conjectures Others are of opinion that it was a large Vessel supported by three Feet into which the Prophetess plung'd her self when she expected an Inspiration But according to the more common opinion Coelius hath prov'd at large that it was not a Vessel but a Table or Seat on which the Pythia lean'd or sat The cover of the Tripus or as some say the Tripus it self they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word properly denotes a Mortar or round Stone according to Hesychius whence Apollo is call'd in Sophocles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his Prophetess 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And this as some are of opinion gave occasion to the Proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is applied to those that speak prophetically but others derive it from a certain Diviner call'd Holmus and others amongst whom is Aristophanes the Grammarian in Zenodotus referr it to the old superstitious Custom of sleeping in these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when they desired a Prophetical Dream Phurnutus will have the Tripus to have been sacred to Apollo either because of the perfection of the Number Three or in allusion to the three coelestial Circles two of which the Sun toucheth and passeth over the third in his Annual Circuit The Tripus saith the Scholiast upon Aristophanes had three Legs by which were symbolically signified the knowledge of the God as distinguish'd by the three Parts of Time viz Present Past and Future 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Who knew things past and present and to come The same Tripus was not always us'd the first it is probable might be plac'd there by the Inhabitants of the neighbouring Countrey afterwards when Pelops married Hippodamia the Daughter of Oenomaus King of the Eleans he presented to Apollo a Tripus wrought by Vulcan