heaven and crying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the other to the ground saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thus Meursius That day was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 23 24 25 26 27 28 29 The second of this Moneth was left out ever saies Plutarch insteed of which some are perswaded the name onely was omitted as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was recompenced by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in a defectiue Moneth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the twentie Of this iudgement is the worthie Petavius Pyanepsion October This moneth tooke denomination from the feasts Pyanepsia For mingling the remainder of their food after their ariving they put it into one pot and seething it were loviall altogether at the same 1 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3 4 5 6. 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 After that Theseus had buried his father he paid the vow made at Delos to wit if he returned safe from the death of the Minotaure hee would sacrifice unto him a pot of sodden beanes Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the antiques called beanes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 8 9 10 11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 13 14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plautus calls this festivall vigilias Cereris which the Attick Dames kept most sober and chast strowing their beds with â—onyza for that purpose it being an enimie to lust They prepared themselues with fasting but after that tooke their liquor freely The number of daies were three allotted as some or foure as others When Castellanus saies that Ovid makes them nine is false for that was the Mysteria as we aboue haue shewne They were done in honour to Ceres that gaue lawes first as shee is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Of these you may read Aristophanes and his Scholiast 15 16 17 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 19 20 21 22* 23 24 25 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kept this moneth When the Parents brought their children to their Tribes to be enrolled I suppose for feare of deceit in patrimonies Then they made merry for foure daies The first was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The fourth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In honour to Minerva Meursius teaches us that they were celebrated the 17 of this moneth but Petitus hath thus placed them 26 27 28 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 29 30 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maemacterion November This moneth is to be placed before Pyanepsion as I haue aboue giuen notice but in this Almanack I follow Petitus who so hath set it though much against the opinion of other learned as M. Selden Petavius and others whom I would haue you Reader to accept as for most approved 1 2 3 4 5 6 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 8 9 10 11 12 13 14 15 16 17 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch in the life of Aristides saies that the Baeotians nay and Greekes send yearely some to sacrifice to the memory of those that died at Plataeae and every fiue yeare they haue great pastimes which hee sets downe the manner of 18 19 20 21 22 23 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This moneth is derived from Iupiter Maemactes for I suppose they first found Gods afterward festivals to them Not the moneths first and then named the Gods from them 24 25 26 27 28 29 Posideon December From Neptune who is Posidon For the first day of this moneth was sacred to him as Casaubon Hence hee thinks it to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 2 3 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dionysia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Without the citie It seemes when they had gathered in vintage and pressed their grapes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then were they most jocund as may appeare out of that Like the voice of them that tread the wine presse and in Oppian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 On which words Conradus Rittarshusius takes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be Ianuary 6 7 8 9 10 11 12 13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 14 15 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A feast to Ceres The day doubtfull 17 18 19 20 21 22 23 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 24 25 26 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 27 28 29 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 30 Gamelion Ianuary 1 From the marriages first made by Cecrops of whom before we haue spoken and more you may read in Tzetzes on Lycophron That moneth wherein this people coupled hence is called Gamelion from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nuptiae It is sacred to Iuno who by the Poets is called Pronuba and coniugalis President of weddings and the marriage bed 2 3 4 5 6 7 8 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 10 11 12 13 14 15 16 17 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 19 20 21 22 23 24 25 26 27 28 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 29 Anthesterion February 1 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3 4 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 6 7 8 9 10 11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kept in great mirth for three daies in the honour of Bacchus The first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the tubs and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to open for at the broaching of their vessells they drunk stiffely The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from Chus a good capacious vessell In this he that could drink down the rest of his companions had a golden crowne The third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I suppose different from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 From this Festivall the moneth is named The twelfth of which Dionysia in Limnis were kept called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The 13 th were acted Comoedies begun the 3 d yeare of the 93 Olympiad when Callias was Archon But after they were taught as Donat and Vlpian witnesse and Aristophanes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saies one 12 13 14 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 16 17 18 19 20 21 22 23 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 25 26 27 28 29 30 Elaphebolion March 1 2 3 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 5 6 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 8 9 10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 11 12 13 14 15 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Of these Aeschines makes mention and you shall haue them obvious every where in the Greek Authors 17 18 19 20 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21 22 23 24 25 26 27 28 29 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Munychion April 1 2 3 4 5 6 7 8 9 10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 11 12 13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 14 15 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Munychia were observed to Diana who was so called and had a Temple in Munychia by Athens The moneth beares the name In this moneth were the causes of strangers iudged Arist. Sc. To Iupiter Meilichius The greatest day
one of which overthrew him This the ancients tearmed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aeschylus ascribing much to the truth of them supposing them to be sent from a Deitie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer The skill in them is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to truly tell the event Which was no small art certaine bookes written of that subiect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Artemidorus his Onirocritica 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Soothsaying by birds when such or such flie either before or behinde him at the right or left hand to shew what it doth prognosticate Aeschylus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It was formerly stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the minde doth suggest to the opinion It is put for any divination in Greek writers but most properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Telegonus is related to haue found according to Nonnus but according to Plinie Car whence it is called Caria 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 looking into the Liver or entrals like the Latines extispicium observing the colour of them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as likewise the soundnesse hence taken as a prodigie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Plutarch the extremitie of the liver like the outmost parts of the vine leafe saies Iâ—idor not to be seene or rather that which they call the head Ovid caesumque caput reperitur in extis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in marking the flame of the sacrifice burnt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Tragoedian calls them by which they could foretell events More doubtlesse had they waies of witchcraft as the other Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as when one shall meet you carrying such or such things then this shall befall you Aeschylus termes them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See Scaliger in Tibullum on these words Puer è triviis The Scholiast of Aristophanes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They made quoth hee whom they met first as it were tokens of good hap Whence it may be came up the salutation which Sophoâ—les calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wishing luck as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Greeks and the Latines Est o bonis avibus visus c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is put likewise for sneesing or the conjecturing at them Sternutamentâ—m being accounted a Deitie by the Romans but sacred to Ceres as the Greeks whence proceeded that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which wee imitate in our God help you as often as we see any man so purging his head Which not to haue proceeded from any deadly disease is sufficiently evinced by Casaubon on Athenaeus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the sight of a Mouse Serpent Cat or the like in the house or when the oyle cruse is dry honey wine water is spent to guesse at future things Of this Xenocrates wrote 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Palmistrie when by the length of the hand or lines of the table they can judge of freenesse in housekeeping of mariage posterity of which Helenus once left a monument 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gathered out of the shaking of the parts of the body as the shoulder thigh or right eye in which kinde Posidonius was an author exposed to the world 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as that wherein the Witch of Endor was experienced out of the lower parts of whose belly the Divell spake The first that practised this among the Athenians was Eurycles hence they who are possessed with this spirit of prophecying are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euryclitae as the Schol. of Aristoph who calls this ar◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the divining of Eurycles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where after solemne sacrifices they were wont to call up the soules of the deceased demanding of them what afterward should befall As Wierus And no wonder for they held the spirits of their parents and kinred for Gods quibus sacrificabant saiâ—s Bodin ad quorum sepulchra comedebant in quos scriptura invehens ac detestans inquit comederunt sacrificia mortuorum to which they sacrificed and at whose sepulchers they fed against whom the Scripture in veighing detesting speaketh And they ate the oblations of the dead Of this Aristophanes makes mention Homer in his Odysses This is that which most properly is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lamentation by Wierus termed dirae execrationes for with great mourning they invocated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wicked Gods for the accomplishment of their divelish designes It may most fitly haue the name of Nigra Magia for so the Wisards divide them into the black and white Magick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from whence the word Magick is derived seemes to haue beene found by the Medes Persians whose Priests were called Magi great Philosophers as Laertius is witnesse This is supposed to be the good Magick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a giving of philtrum a medicine for the procurement of loue or rather enraging of lust by bewitching something and giving it to be eaten which to haue power over swine is credibly reported 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tricks with a paire of sheeres and siue of which Theocritus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To take councell of an hatchet taking it laying it on a peece of timber flatwaies which did the feat by turning round Like to which is that naughty use of a key and Bible 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the casting of the dice to aske the number of wiues children farmes c. which answere to the quantitie of the chance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 done by corne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by taking the letters of the name as when two were to fight and by the value of them to iudge the conquest As they said of Hectors being overcome by Achilles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 making a circle they divided it into foure and twenty parts and on each part made a letter and putting wheat upon the letters they brought in a Cock and observing from from what letters he tâ—oke up the graine they at last ioyned them together and so knew their successors husbands c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 opening a book of Homer and by the first verse that they lighted upon to divine as that of the death of Soerates who so foretold it meeting with that verse of Homer which speakes of the arrivall of Achilles within three dayes at Thessaly Ft quoniam poemata pro vaticiniis c. and because poems were accounted prophecies as Poets prophets they were most busie in them Hence in publique causes had the Romans recourse to the Sibylline Oracles the private Grecians to the verses of Homer And that Sors was put for the writing of Oracles is manifest out of the words Sortes Delphicae for fore-telling or
taught his first Tragoedie at twentie eight in which doubtlesse himselfe came on the stage It being among the Athenians no disgrace as the Romans accounted it to appeare there Aemilius Probus In scenam verò prodire populo esse spectaculo nemini in eisdem gentibus Graecis fuisse turpitudini quae omnia apud nos partim infamia partim humilia atque ab honestate remota ponuntur The place where the people beheld these plaies and pastimes was in the market place where they nayled scaffolds to a black poplar tree For in ancient time they had no Theater of stone onely of wood which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristophan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 These were built by some who upon some consideration of money admitted any to a seat named therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Once it seemes places were not hired But there grew great enormities and abuses For striving to get places there rose wrangling and brawles and fights wherefore the Attick Senate ordained that each place should be hired for two oboli in the Consulship of Diophantus a Drachme say some whence rose the Proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because at the establishing of it there fell haile This mony they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because with it they did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 buy a seat to behold the shew exhibited Now because the poore people had not to giue so were deprived of the spectacle Pericles desiring to be popular made a law that they should receiue out of the Cities revenues two oboli each man For the right of exacting which mony they were to produce the authority of the Lexiarchicall Rolles as appeares out of Demosthenes For the distribution of this were certaine officers appointed named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But afterwards Apollodorus stroue that in warre and publike necessity these â—ummes might be imployed in military affaires but hee endeavoured in vaine Eubulus in â—lattery to the people enacting it capitall for any that should attempt that which Apollodorus did Which makes Demosthenes desist willing yet not daring to perswade to convert the money to the use of the Armie But see the folly of them For they spent as much on these sports as in obtaining the Masterie and liberty of Greece And the end was miserable for they became 〈◊〉 and so put their necks under the Macedonian yoake Iustin of the death of Epaminondas Siquidem amisso quem aemulari consueverant in segnitiem torporemque resoluti non ut olim in classem exercitusque sed in dies festâ—s apparatusque ludorum redditus publicos effundunt cum auctoribus nobilissimis 〈◊〉 â—atra celebrant frequentiùs scenam quam castra visentes â—ficatores Oratoresque meliores quam duces laudantes Tunc vectigal publicum quo ante milites remiges alebantur cum urbano populo dividi câ—ptum est Quibus rebus effectum est 〈◊〉 inter otia Graecorum sordidum obscurum anâ—ea Maâ—edonum nomen emergeret c. Of the Theater I will say little as also of the stage Only that the places in the Theater were not promisâ—uous For there was a distinction betweene the Senatours and younger sort The Senators was named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among which it is probable the Iudges had the first place as Pollux The seats for the youth were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 One part of the stage was Orchestra in which was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either a Tribunal or an Altar That upon all their stages there was an Altar sacred to Bacchus is apparant out of Donat he saies it stood on one side of the stage before the doores Pollux who names it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There was moreover a Table called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on which before the time of Thespis some body ascending in the Poets place did answere the Chorus Plutarch thinks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because that before the building of Theaters the ancients embracing Musick only for institution of youth and praise of their Gods sung the commendation of good men and honour of their Deities in Temples LIBER TERTIVS CAP. 1. De Legum latoribus Atticis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 De sanciendis Legibus AS Iustin hath beene too forward in relating the mutation of the Athenian government passing by the perpetuall and decennal Consuls and naming only the yearely so hath he erred in the originall of their Lawes making Solon the father of them But it seemes otherwise For as Gerardus hath observed Theseus gaue Lawes to the Athenians And Plutarch witnesseth that when he congregated the Attick people and constituted a Democracie he reserved only to himselfe the government of war and custodie of the Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Adde to this that before the knowledge of letters writing it was a custome among the ancients to sing their Laws least they might forget them used in the daies of Aristotle by the Agathyrsâ— a people neare to the Seythians Whence afterwards the rules of Musick for the true keeping of time singing playing are supposed to bee called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Neither may it bee thought otherwise because all the notes of the Lydian Hypolydian c. Dorick Hypodorick c. Phrygian Hupophrygian â—onick c. songs were distinguished by the Alphabet Yet Plutarch is of opinion that they derived the word from those bounds which the Musitians of old prescribed for the tuning of voices or instruments least they might be confounded and therefore he calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Idem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Greekes saies Câ—cero think the cause of this word ius suum cuique tribuendo intimating 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies to distribute because the Law giues every man his due Thus see we that there were Lawes of yore let Iustin say Nullae civitati leges tunc â—rant quia libido regum pro legibus habebatur That the Citie was without Law because the wills of Kings were Lawes In succeeding ages bâ—fore Solon too Draco gaue Lawes living about the three hundred and ninth Olympiad His Acts saies Aelian were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by Vlpian is interpreted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Law giving in precept how to make a Law And yet Aristotle calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving them this commendation that they are not worth remembrance but for their great severity Which gaue occasion to Herodicus to say that they were not the Lawes of man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in a double sense of the word which is also put for a Dragon And Demades that they were not written with black but bloud For he punished every peccadillo almost with death those that were convicted of idlenesse or
custome an unwritten Law Besides these there were decrees which they termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 psephismata a word used by Cicero nothing different 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthenes who meanes in vertue and power For they differ much A Law maintaines iustice once found common for ever A Psephisma followes the necessitie of the time as it differs in events it directs not warlike affaires but is applied unto the occasion of armes and as lawes can bee abrogated so degrees changed And here ought we to note that no decree is greater then a Law Of decrees there were two sorts 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as the Senate by it selfe established which were but of twelue moneths continuance to the confirming of which the people were not convocated or their consent required termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Demosthenes proues to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ulpian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Like to the edicts of the Roman Praetors which lasted but a yeare Cicero Qui plurimum tribuunt edicto Praetoris edictum legem annuam esse dicunt In other decrees the opinion and good liking of the people was asked for the giving of the authority unto them which endured in force a longer time 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And therefore we may easily knowe a probuleuma from a decree of the peoples confirming by this observation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only giues us to wit that it is a probuleuma 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the beginning of a decree shewes it to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Senate alwaies sate in consultation about that which was to be enacted whether any dammage might accrew to the State by it or no the Law commanding that no decree should goe forth without deliberation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which done the Prytaneis took certaine Tables and wrote on them Such or such a day about such a time there should be an assembly to consult of these and these affaires and this they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When then they were assembled and the people purified the decree was read which if the people allowed of stood if not decayed It was forbidden that any should raze out a Decree of any Table And hee was brought in question of life who should presume in making a decree to pretend a fallacie Now because future time might haply perceaue some inconveniences to arise by oversight in their Law giuer and that as abuses should happen which in his daies were not discerned so there would be a necessitie of making new statutes It was ordained therefore that every yeare there should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Ulpian expounds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A consideration of what ought to be done concerning the Lawes The manner was thus Every eleaventh day of Iuly in the assembly after the Crier had made his prayers as his fashion was and shall anon be spoken of the Lawes were read over in order First those which concerned their Senate next the weale-publique and thirdly the nine Archons afterwards the other Magistrates Then was it demanded if there were Lawes enough for the Senate and so for the Common-weale c. If any of the Lawes in force were to be abrogated it was adiournied untill the last of the three daies of the three CoÌ„vocations On which the Prytanes appointed for the revising and reciting of the Lawes were to take the matter in hand The Proedri chiefe of the Assembly were to acquaint them with it Fiue men at the first meeting were chosen out of all the Athenians who should patronize the Law to be abolished and according to the iudgement of the Nomothetae chosen out of the Councell of fiue hundred was the businesse carried that the Lawes should be of none effect or full strength Whosoever would bring in a new Law was to write in a Table 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthenes the forme thereof and set it up at the Statutes of the Heroes before spoken of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which standing in a place conspicuous that some certaine daies before the Sessions any Citizen might read what was to be handled and if any so pleased he might at the proposall of the Law declare his minde either for or against it as at the preferring of a Bill in our High Court of Parliament where it is not denyed any Burges or Knight of a shire to speak his opinion pro or con either with any whole Bill or some part thereof or in opposition to it or some one clause Provided likewise that hee who attempted to enact a new Statute should take care for the disanulling of the old that might contradict it otherwise hee came within the compasse of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a writ of Transgression of the Lawes which was of two sorts First when time is not observed in writing theÌ„ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Next when one is made that is adverse to a former And if it so hapned that any perswaded the people to make a Law that was not commodious to the weale-publique hee might bee questioned within a yeares space but if the time was expired he could not Nay they slew Eudemus a Cydiathenian for bringing in a Law they liked not scarce different in that one example from the Loâ—ri among whom he that would propose a Law should doe it his neck adorned with a halter that if his request pleased not hee straight way powred out his soule under the hands of the hangman Their Orators which are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they lead the people with their Rhetorick and flattery wrote Lawes and decrees as we learne out of Demosthenes and therefore are they deciphered by Athenaeus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CAP. II. De Comitiis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. THE Assemblies were called by the Prytaneis fourâ— time 〈◊〉 〈◊〉 thirtie dayes In the first they confirmed the Magistrates in their offices if all things were managed well by them otherwise they put them out They heard publique causes looked into confiscate goods and possessions left by inheritance In the second any one with leaue might freely speake of private and publique affaires In the third they gaue audience to Ambassadours who before ought to deliver their letters to the Prytaneis In the fourth they treated of holy things such as belonged to their Gods and worship of them The first meeting was the eleaventh day of the Prytanea the second the twentieth the third the thirtieth the fourth the three and thirtieth I finde a difference betweene the Scholiast of Aristophanes and Vlpian in the daye on which they came together one making the first day of the Moneth to be the day on which the first assembly was the other the eleaventh of the Prytanea which seemes truest And whereas they both write that every month there were three
overseers of all Iudges of wilfull murthers wounds given out of pretended malice which would make some having a desire to driue a man out of Athens goe to a Chirurgion and make an incision in their heads that they might sue him whoÌ„ they hated upon an action of battery as Mantitheus against Baeotus They sate upon incendiaries and impoisoners if the partie died that took their doses They saw that the Lawes should be put in execution such as Contaren would haue in Uenice to be Guardians to their Statutes In a word all great delinquencies came under their censures They inquired into the behaviours of men and we read in Xenophon that they sharply reproved a young man for his loose living 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. sayes the Dipnosophist Valerius Maximus Est eiusdem urbis sanctissimum consilium Areopagus c. There is likewise in that Citie the most sacred Councell Areopagus where they were wont most diligently to enquire what every of the Athenians did by what gaine he maintained himselfe and what his trade and actions were That men knowing and remembring that once they must giue an account of their liues might embrace honestie The Greek author tells us that except in great cases of necessity they medled not with state affaires but it seemes otherwise For if any one say quoth Tully that the Attick Republique can be well governed without the councell of the Areopagites he may as well say that the world may bee governed without the providence of the Gods When the Medes and Persians invaded Greece by the advise of them was the war waged wherein Themistocles purchased an ever lasting memory of a victory And when their publique Treasurie was bare they furnished each man with eight Drachmes and stored the ships with Mariners Which advise when they had wonne the day was a cause saies Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to giue strength and sinewes to the Commonwealth Vnder their sight were all the youth of Athens For this reason especially because that when they were reckoned among men and were come to age they needed more care to be had of them then when they were children not observed by our countrymen in sending their sonnes young to the Innes of Court youth and heat of blood unstaidnesse in iudgement rashnesse in adventures and pronenesse to vice leading or rather carrying headlong tender yeares to their owne destruction To them appertained blasphemies against their Gods violating of religion and divulging mysteries as when Euryclides the Hierophanta in answer to the question of Theodorus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who offended against the mysteries 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 replied such as open them to those who are not initiated Therefore quoth the Philosopher art thou impious For which crime had not Demetrius Phalereus befrended him the Hierophanta was in danger 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to haue beene brought before the Councell of Areopagus By vertue of which aâ—thority S t Paul was here judged for teaching strange Gods as they supposed For although that the Athenians were under the Romans yet their Lords made them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sui iuris and permitted theÌ„ to keep their ancient customes The manner of proceeding in this Court was thus After the fellonâ—e committed the appellant brought his inditement to the Basileus who giving the prisoner and his accuser audience once a moneth at three severall times to debate the businesse in the fourth moneth brings in the accusation to the Areopagites and putting off the crowne which he was wont to weare sate down as iudge with the Areopagites in the dark for they iudged by night saies Lucian that they might not regard the speaker but what was spoken It being there forbidden 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to moue to compassion and use Proems as in other Courts wherein they craved the Iudges favour and attention which by Demosthenes are termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This f Aristotle calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to speak beside the matter Before the triall both parties sweare which they style 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The appealer standing upon the testes of a Goat a Ram and a Bull usuall to the Greeks as Tyndareus swore the Suiters of Helena that they should revenge any wrong done to her and her predestinated husband 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Hercules to the children of Heleus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 took oath therefore named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in which he maintained that he dealt iustly and rightly and that he was ioyned in affinity to the slaine man which if he were not hee could not prosecute the Law forbidding The reason why he stood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I suppose is because they are the instruments of generation and in that oath if he were not true hee wished an extirpation of his house 〈◊〉 and his posterity In which if he were periured he was liable to no punishment as among the Romans Iurisjurandi contempta religio satis Deum ultorem habet For swearing is punished by a revenging God but if any swore false by the life of the Prince he fell under the Iulian Law Laesae Maiestatis After this the prisoner swore which among us will not be allowed Then setting each of them upon two silver stones one of which was named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the stone of iniury the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by Adrian Iunius thought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of innocence not impudence Then the appealer asked the prisoner three questions which Aeschylus calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First whether hee were guilty or no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to which he answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yea or nay secondly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for what reason he did the murther Thirdly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who were the Abettours Then arose there certaine Lawyers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who shewed whether the murther was committed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in iustice For in Athens there were such Councellours to whom in matters of difficultie they had resort By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you must understand those causes in which Draco thought it lawfull to kill a man As taking him committing uncleanesse with wife mother sister daughter or concubin or any whom he accounts among his children the partie so offending might be slaine in the manner by him against whom he had trespassed Likewise in the defence of a mans goods if the theefe were killed impunity was granted After this inquisition they passed to sentence which was given very privily as Iuvenal intimates Ergo occulta teges ut Curia Martis Athenis without speaking as the Tabellares sententiae of the Romans in which they wrot C. if they condemned A. if absolved N. L. if the case were not manifest hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for one
that the Attick route was kept in See of this Aristophanes and Eustathius 17 18 19 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 20 21 22 23 24 25 26 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 27 28 29 30 Thargelion May. 1 2 3 4 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 6 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To Apollo and Diana holding it to be their nativitie On this day did they expiate for the sinnes of the people For they were wont to nourish some base men and of no account at the publique charge whom in time of pestilence or the like they sacrificed for the sinnes of the citie Two in number saies the Scholiast of Aristophanes whence they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but more properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristophanes 7 8 9 10 11 12 13 14 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 16 17 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 19 20 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To Diana who by the Thracians is named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not much different from the greater See Meursius 22 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 23 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Petitus places it on the 24 day others will haue it the 25. To Minerva on which they take off the ornaments of her statue and wash it I suppose Plutarch Xenophon 26 27 28 29 Scirrophorion Iune 1 2 3 4 5 6 7 8 9 10 11 12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To Minerva from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Canopie under which her Priests did walke in pomp at that time or from the statue of Minerva found in Scirus Schol. Aristoph 13 14 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It was not lawfull anciently to kill an Oxe wherefore when one had slaine that beast eating the meale provided for the sacrifice hee slew him and fled in memory of which this day was kept Afterward they did mitigate the Law and gaue licence to butcher an Oxe so that hee was not for the plough To which Iuvenal may allude Vt vetulus bos Qui domini culoris tenue miserabile collum Praebet ab invito iam fastiditus aratro 16 17 18 19 20 21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 22 23 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 25 26 27 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 28 Where Petitus makes the foure first Tribes to governe each his day on those foure that abounded aboue the yeare Sigonius seemes to agree and Maussacus approues 29 30 proues it Neither is it misliked by Petavius Scaliger hath falsely taught us other wise who makes each Prytaneia to rule 36 daies which none ever are to haue done except the first foure CAP. XI De Tragoediâ Satyricâ Comoediâ IT is taken for grant among the Ancients that Homer who lived 9 7 yeares before Christe was the first that taught 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to speake in Tragoedie comprehending great and weighty matters in few words and very concisely being more large and using circumlocution in matters of lesse consequence which Hermogenes acknowledges to bee the property of a Tragoedian This foundation being laid following ages stilibuilt built though rudely a structure to small perfection Nam post idius tale tantumque documentum c. saies Donat. For after that Homer by the Iliads had represented a Tragoedie by the Odysses a Comoedie most ingenious imitators took those Poems and set them in order and divided them which at that time were inconsideratly without iudgement written impolisht and in the first rudiments not so neat and trim as in processe of time they were made For Poesie was a great while in her minoritie and very rude after the first publishing of plaies For we see little or nothing of Susarion the first Comoedian worth our time some few verses only so few as may but witnesse such an Author The originall of the word Comoedie is supposed to be taken from divers reasons First because in their revelling kept in honour to Bacchus they sung them and so it may be derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 commessatio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to sing basely at the cup. Secondly from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sleep because when any of the Attick husband men had been injured it was the custome as before hath been spoken for the party abused to come in the night season into the streets and with a loud voice cry such and such reioyce in wrong and commit such outrages though there be Gods and Lawes And after that proclaimed the parties name who on the morrow was sought out by the husband men and much shamed by which these wrongs were redressed Thirdly from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a street because when the old Athenians would note a wicked mans life out to the world meeting merrily in the streets and high waies they laid open every mans life and concealed not his name In vicos compita ex omnibus locis laeti alacresque veniebant ibique cum nominibus singulorum vitam publicabant These verses were first sung in the greene Meddowes about the beginning of the spring When the husband men kept the festivals of Bacchus the God of Wine to whom they sacrificed a Goat because his biting is an enimy to the vine the skin of which they took and sowed up close filled with wine and anointed it with oyle to make it slippery and so hopped with one leg upon it making themselues laughter at the falls they often toâ—k This sport they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a skin and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to leap Aristophanes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Uirgil hath fitly set it out Non aliam ob culpam Baccho caper omnibus aris Caeditur veteres ineunt proscennia ludi Praemiaque ingentes Pagos compita circum Theseidae posuere atque inter pocula laeti Mollibus in pratis unctos saliere per utres After Susarion sprang up Thespis the first that made Tragoedies which by Horace are termed Lachrymosa poemata sad poems because they represent humane miseries the misfortunes of Kings and great men especially there being no place for a poore man but only to dance as Arrian hath observed Which thing gaue an occasion to Socrates when he saw the most worthy and rich put to death under the thirty Tyrants to say to Antisthenes doth it not repent thee that we in our liues never did some famous exploit So in Tragoedies we maâ—ke that such as Atreus Thyestes and Agamemnon are slaine but what Poet was yet so impudent as to bring a base fellow on the stage sacrificed Not supernumerary is that of Euripides for K. Archelaus desiring that he would write a Tragoedie of him who prayed that nothing proper to a Tragoedie might happen to him meaning sorrow and lamentation For so is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used as 〈◊〉 〈◊〉 〈◊〉