to Diana Sirnam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from one of the Athenian Burroughs to celebrate the Exequies of the famous Patriot Harmodius and to take care that the Children of those Men that had lost their Lives in their Countrey 's Service should have a competent Maintenance out of the publick Exchequer But because these three Magistrates were often by reason of their Youth not so well skill'd in the Laws and Customs of their Countrey as might have been wish'd that they might not be left wholly to themselves it was Customary for each of them to make choice of two Persons of Age Gravity and Reputation to sit with them upon the Bench and direct them as there was Occasion These they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Assessors and oblig'd them to undergo the same Probation in the Senate-house and publick Forum with the other Magistrates and like them too to give an Account how they had behav'd themselves in their respective Trusts when their Offices were expir'd The six remaining Archons were call'd by one common Name Thesmothetae They receiv'd Complaints against Persons Guilty of false Accusations of Calumniating of Bribery of Impiety which also was part of the King's Office but with this difference that the Accusers did only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inform against the Impious by word of Mouth at the King's Tribunal whereas before the Thesmothetae they did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deliver in their Indictment in Writing Also all Causes and Disputes between the Citizens and Strangers Sojourners or Slaves and Controversies about Trade and Merchandize were brought before them Appeals to the People were Preferr'd the publick Examination of several of the Magistrates perform'd and the Suffrages in publick Assemblies taken by them They ratified all publick Contracts and Leagues appointed the Days upon which the Judges were to sit and hear Causes in their several Courts of Judicature took care that no Laws should be establish'd but such as conduc'd to the Safety and Prosperity of the Common-wealth and Indicted those that endeavour'd to seduce the unwary Multitude and perswade them to give their Consent to what was contrary to the Interest of the Common-wealth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were Ten Officers appointed to assist the Archons and pass the Accounts of the Magistrates and to set a Fine upon such as they found to have imbezzl'd the publick Treasure or any way injur'd the Common-wealth by their male-administration Aristotle tells us they were sometimes call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and others will have them to be the same with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but these are by Aristotle said to be distinguish'd from them CHAPTER XIII Of the Athenian Magistrates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Eleven so call'd from their Number were elected out of the Body of the People each of the Ten Tribes sending one to which there was added a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Register to make up the Number sometimes they were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Keepers of the Laws which appellation was taken from their Office being in some things not unlike that of our Sheriffs for they were to see Malefactors put to Execution and had the Charge of such as were committed to the publick Prison They had also Power to seize Thieves Kidnappers and Highway-men upon Suspicion and if they confess'd the Fact to put them to Death if not they were oblig'd to Prosecute them in a Judicial Way 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were Magistrates that presided over the Athenian Tribes one of which was allotted to each of them Afterwards this Name became peculiar to a Military Command and the Governours of Tribes were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Business was to take care of the publick Treasure that belong'd to each Tribe to manage all their Concerns and call them together to Consult as oft as any thing happen'd that required the presence of the whole Body 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seem to have had in most things the same Office with respect to particular Tribes that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had with respect to the Common-wealth They were chosen out of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Nobility had the care of publick Sacrifices and other Divine Worship peculiar to their respective Tribes and kept their Court in the Portico call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and sometimes in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had in the several 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the same Power that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exercis'd over the whole Tribe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had the same Offices in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 took care of their Revenues out of which they paid all the Duties required of them assembled the People in the Burroughs under their Jurisdiction all whose Names they had written in a Register and presided at the Election of Senators and other Magistrates chosen by Lots Sometimes we find them call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Burroughs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because each of them was oblig'd besides two Horse-men to furnish out one Ship for the publick Service 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were Six in Chief but were assisted by Thirty inferiour Officers in laying Fines upon such as came not to publick Assemblies and making Scrutiny amongst those that were present such also as were busie in the Market they compell'd to leave their Buying and Selling and attend on the publick Business and this they did by the help of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who were certain petty Officers or rather Servants much like the Roman Lictors and our Sheriff's Livery-men Bayliffs c. the City of Athens had a Thousand of them that liv'd in Tents erected in the middle of the Forum and were afterwards remov'd to the Areopagus Their name seems to have been taken from the Arms they usually carried with them in the same manner that the Life-guards of Kings are call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sometimes they are call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Name that was taken from their Offices sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from Peusinus one of the Primitive Athenians that either first instituted this Office or gave rules for the Ordering of it and sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the Countrey of Scythia for generally Men of that Countrey were chosen into this Place as being Brawny Sturdy Fellows and therefore one of them is introduc'd by Aristophanes speaking in an uncouth and Barbarous manner But to return to the Lexiarchi They were the Persons that had the keeping of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or publick Register of the whole City in which were written the Names of all the Citizens as soon as they came to be of Age to enter upon their paternal Inheritance which they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were Officers whose Business it was to see that both
call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because both Parties committed the Determination of their Cause to them Afterwards the Argians were excluded and the number of the Ephetae reduc'd to Fifty-one by Draco whom some affirm to have been the first Instituter of them but others with more probability report that he regulated and reform'd them augmented their Power honour'd them with many important Privileges and made them Superiour to the Senate of Areopagus In this State they continu'd till Solon's Time by whom their Power was lessen'd and their Authority restrain'd the Causes which had formerly been tryed by them were diâ—charg'd from their Cognizance and only those about Man-slaughter and Chance-medly and as some say Conspiracies against the Lives of Citizens that were discover'd before they took effect left to them Fifty of them were appointed by Election Five being chosen out of every Tribe but the odd Man was appointed by Lots all of them were Men of good Characters and vertuous Lives of severe Manners and a settled Gravity for no Person under the Age of fifty Years was admitted into their Number Causes were entred in this Court by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Proceedings were in some things agreeable to those of the Areopagus for both Parties the Plaintiff and Defendant were oblig'd to confirm their Allegations by solemn Oaths and Curses and then the Orators having perform'd their parts the Judges proceeded to give Sentence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Court of Justice in the Temple of Apollo Delphinius and Diana Delphinia Under it's Cognizance came all Murders wherein the Prisoner confess'd the Fact but pleaded that it was committed by permission of the Laws as in the case of self-preservation or adultery for it was allow'd any one to kill an Adulterer if he caught him in the Act The first Person that was tryed in this Court was Theseus who in his Journey to Athens had slain the Robbers that infested the Ways between Trâ—zen and that place and afterwards the Sons of Pallas that rais'd a Rebellion against him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Court of Judicature which had Cognizance of Murders committed by Things without Life or Sence as Stones Iron Timber c. which if they kill'd a Man by Accident or by the direction of an unknown Hand or of a Person that had escap'd had Judgment pass'd upon them in this place and were order'd to be cast out of the Territories of Athens by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This Court was as ancient as Erectheus and the first thing that was brought to Tryal in it was an Ax wherewith one of Iupiter's Priests kill'd an Ox an Animal accounted very sacred in those Days that had eaten one of the consecrated Cakes and as soon as he had committed the Fact secur'd himself by Flight This place also was the Common-Hall in which publick Entertainments were made and the sacred Lamp that burn'd with a perpetual Fire was kept by Widows that had pass'd the years and desires of Marriage and were devoted to the Mother of the Gods which Lamp as Plutarch in the Life of Numa tells us was extinct under the Tyranny of Aristion it was always manag'd with the same Rites and Ceremonies that were us'd at Rome about the Vestal Fire which he saith was ordain'd and instituted after the Pattern of this and another holy Fire of the same Nature among the Delphians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was seated upon the Sea-shore in the Piraeeus and receiv'd it's Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it stood in a Pit and therefore Pollux calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as is more probable from the Heroe Phreutus The Causes heard in this Court were such as concern'd Persons that had fled out of their own Countrey for Murder or those that fled for involuntary Murder and had afterwards committed a wilful and deliberate Murder The first Person that was try'd in this Place was Teucer who as Lycophron reports was banish'd out of Salamis by his Father Telamâ—n upon a groundless suspicion that he had been accessory to Ajax's Death The Criminal was not permitted to come to Land or so much as to cast Anchor but pleaded his Cause in his Bark and if found guilty was committed to the Mercy of the Winds and Waves or as some say suffer'd condign punishment if innocent was only clear'd of the second Fact and as 't was customary underwent a Twelve-month's Banishment for the former The Judges that presided in all these Courts were after Draco's Time the Epheâ—ae as Harpocration observes The Scholiast upon Aristophanes speaks of other Judges that were elected by Lots to hear Causes in all the Courts of Justice which however it might be done in later Ages it is certain was never practis'd among the primitive Athenians except it may be understood of some of the inferiour and lâ—ss remarkable Courts which I am inclin'd to believe The Method of electing these Judges is describ'd in this Manner At Athens there were Ten Courts of Justice according to the Number of the Tribes upon each of these were engraven large Capital Letters all painted with Red or as others report with different Colours from some of which several of the Courts receiv'd their Names as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Now when Causes were to be heard the Thesmothetae accompanied with a Register appointed the Judges to take Cognizance of them by Lots on which were inscrib'd the Letters belonging to the Courts the Lots being drawn the Judges took each of them his Chance and went to the Court on which the same Letter which was upon his Lot waâ—â—ngrav'd where he receiv'd from the publick Cryer a Tablet on wâ—ich he was to write the Heads of the Orations of both Parties and a Staff which was in former Ages the constant and perhaps only Badge of Judicial and Sovereign Power therefore the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Homer are accounted sacred and the most solemn Oaths taken by them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But this I do with solemn Oath declare An Oath which I 'll by this same Scepter swear Which in the Wood hath left it's native Root And sapless n'ere shall boast a tender shoot Since from it's sides relentless Steel has torn The Bark but now by Grecian Chiefs is born Chiefs that maintain the Laws of mighty Iove Committed to their Charge Mr. Hugh Hutchin of Linc. Coll. Sometimes we find the Scepters of Kings and great Persons adorn'd with Studds of silver or gold 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he cast his Scepter on the Ground Emboss'd wiâ—h Studs of Gold To return the Athenian Judges having heard the Causes they were appointed to take Cognizance of went immediately and deliver'd back their Scepter to the Prytanes from whom
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
Offices where he that shall be design'd a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shall be exempted from serving if he can produce any vacant person richer than himself and if the person produc'd confess that he is more wealthy than the other he shall be put in the other's place among the Three-hundred but if he denies it let them change Estates His Lands and Tenements shall be inspected into who shall offer himself in the Exchange They who do quit their own Estates for those of their neighbours shall be oblig'd by Oath to discover them in this Form I 'll fairly and honestly make known the estimate of all my Possessions except such as consist in those silver Mines that the Laws exact no Duties from Three days shall be allow'd for those who are to make exchange of their Estates to produce them No one shall be compell'd to exhibit his Estate which lies in Mines Laws about the Refusal of Offices NO Man except the Archons shall be excus'd from the Trierarchship No one shall be exempted from contributing to the Assesment for the levying of Souldiers Laws concerning Honours to be conferr'd on those who have deserv'd well of the Common-wealth NO Person shall make a custom of eating in the Prytaneum He who shall be invited and refuse to come shall be Fin'd They who are maintain'd in the Prytaneum shall have Maza and on Festivals bread All Crowns if presented by the People shall be given in the popular Assembly if by the Senators in the Senate and in no other place shall any be presented None except the whole body of the Senate and popular Assembly with particular Tribes or Burroughs shall be privileg'd to conferr Crowns No Tribe or Burrough may presume on the Authority of bestowing Crowns in the Theater upon any of their own Members if they do the Cryer that proclaims them shall be disfranchis'd No Stranger shall have a Crown given him in the Theater without the People's consent when given it shall be consecrated to Minerva Every Forreigner who is honour'd with a Crown shall bring Certificates of a regular and sober Life No one tho' never so wealthy except he be of the kindred of Harmodius and Aristogiton or an Archon shall claim Immunity from serving in publick Offices from this time hereafter the People shall gratifie no one without such an Exemption but he who supplicates for it shall be disfranchis'd together with all his House and Family and shall be liable to the Actions of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by which if convicted he shall suffer the same Fate with those who tho' indebted to the Publick officiate as Judges Honours conferr'd by the People shall stand good but with this Proviso that if the Persons so dignified prove after examination to be unworthy of them they shall be void Laws referring to the Gymnasia NO School shall be open'd before Sun-rising or kept open after Sun-set None except the School-master's Sons and Nephews shall be permitted entrance into School if beyond the customary age for sending Youth thither but more especially if Lads frequent it at the same time to the breach of this Law the penalty of Death is annex'd No School-master shall give any adult person leave to go to Mercury's Festival if he transgress herein and do not thrust him out of the School the Master shall suffer according to the Law enacted against the corruptors of Free-born Children Let all Choragi elected by the People be above forty years of Age. No Slave shall presume to anoint or perform exercises in the Palaestra Laws relating to Physicians and Philosophers NO Slave or Woman shall study or practice Physick All Free-born Women have liberty to learn and practise Physick Let no one teach Philosophy This Law was made when the thirty Tyrants had the dominion of Athens No one is to keep a Philosophy-School unless by the Senate and People's approbation he that doth otherwise shall be put to Death Laws concerning Judges AFTER a Magistrate's determination Appeal may be made to the Courts of Justice They who are degraded from the Senate may sit as Iudges in the Courts All the Athenians shall draw Lots for the distribution of every one into particular Courts The Judges Protestation I omit as before treated of Of Laws relating to Law-suits LET the Bayliff or Person that arrests be registred Whosoever doth not appear on the Day appointed for the Tryal of his Cause shall suffer for his remisness by an Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and be fin'd a thousand Drachms but if a just excuse be brought for his staying away his punishment shall be redress'd by another Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the anulling of the former Act. Laws respecting Preparatories to Judgments THE Archons shall propose Questions to both Parties to which they shall answer The Plaintiff shall promise upon Oath that he will prosecute the Action if he has his Evidences and all things in order but if not he shall demand time for providing and preparing them The Archons shall summon the contesting Parties to make their Appearance and introduce them into the Court. Let the Iudges be elected by Lots No Iudge shall give Sentence twice the same Day A Form of the Oath taken by Judges after Election I 'LL shew Equity in all Causes and my Judgment shall be agreeable to the Laws in those things which are determin'd by them in the rest my Sentence shall as near as may be agree with Justice Laws referring to Judgments EVERY Iudge shall put down the Heads of those Suits he is to determine in his Table-book His Cause shall be overthrown who runs away for fear Criminals have liberty of making their own defence No Slave shall plead in any Cause The Cryer shall pronounce Verdict against the Partie into whose Urn the greater number of Pebbles bor'd with holes are cast and on his side to whom the whole ones belong When on both sides there shall be an equal share of Votes the Prisoner shall be acquitted Let there be a number of Urns or Vote-boxes equal to the number of those who hold the Contest The Iudges shall propose such and such Penalties the Defendant also shall offer to their consideration such a punishment as himself shall think reasonable after which the whole matter shall be committed to the Iudges determination The Court shall not sit after Sun-set If any one hath brib'd the Heliaean Court or any other Court of Judicature among the Athenians or hath call'd a Senate or enter'd into conspiracy against the State if any Lawyer hath been been greas'd in the Fist to carry on any publick or private Cause he shall be liable to be indicted before the Thesmothetae by the Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All private bargains that are struck up between parties before Witnesses shall stand good in Law Don't make any Covenant or bargain contrary to the Laws There shall be no after-wranglings rais'd concerning those things
Military Affairs were govâ—râ—'d by the Jâ—stâ—st and most Equitable Laws and liv'd in far greatâ—r Splâ—ndâ—r than they had â—â—â—iv'd to in his Time But of the Transactionâ— of these and thâ— following Ages till Theseus or the Trojan War littlâ— or nothing of Câ—â—tâ—inty must be expected partly because of thâ— want oâ— Recordâ— in 〈◊〉 and illiterate Ages partly by reason of thâ— vâ—st distance oâ— Time wherein those Records they had is they had any wâ—râ— loâ—t and dâ—â—trâ—y'd and partly thro' the Pride and Vain-glâ—◠〈…〉 that out of an affectation of being though◠〈…〉 some Divine Original industriously conceal'd their Peâ—igrâ—eâ— and obscur'd their Ancient Histories wâ—â—h idle Tâ—les and Poetical Fictions And to use the words of Plutarch As Historianâ— in thâ—ir Geographical Descriptions oâ— Countrâ—ys câ—oud into the farthest part of their Maps those things they have no knowledge of with some such remarks in the Margin as these All beyond is nothing but dry and desart Sands or Scythian Cold or a Frozen Sea so it may very well be said of those things that are so far remov'd from our Age All beyond is noâ—hing but Monstrous and Tragical Fictions there the Poets and there the Inventors of Fables dwell nor is there to be expected any thing that deserves credit or that carâ—iâ—s in it any appearance of Truth However I must not omit what is reported concerning Ogyges or Ogygus whom somâ— will have to have been King of Thebes some of Aegypt some of Arcadia but others of Attica which is said to have been called after his Name Ogygia He is reported to have been a very Potent Prince and the Founder of several Cities particularly of Eleusis and Pausanias tells us farther that he was Father to the Heroe Eleusis from whom that City receiv'd it's Name He is said to have been Contemporary with the Patriarch Iacob about the Sixty-seventh Year of whose Age he is suppos'd to have been Born others bring him as low as Moses His Reign is the utmost Period that the Grecian Stories or Traditions ever pretended to reach to and therefore when they would express the great Antiquity of any thing they call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of which we have a great many instances in several of the Ancient Writers but I shall only give you one out of Nicander's Theriaca 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And in allusion to the great Power he is suppos'd to have been possess'd of they call any thing Great or Potent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as two Learned Grammarians inform us Hesychius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suidas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are great and insupportable Evils and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Philo extreme Folly and Stupidity He reign'd two and thirty Years for so Cedrenus computes them in full Power and Prosperity and Bless'd with the Affluence of all Things that Fortune can bestow upon her greatest Favourites but the conclusion of his Life was no less deplorable than the former part of it had been prosperous for in the midst of all his Enjoyments he was surpriz'd with a sudden and terrible Inundation that overwhelm'd not Attica only but all Achaia too in one Common Destruction There is frequent mention made in Ancient Authors of several Kings that Reign'd in Attica between the Ogygian Flood and Cecrops the first As of Porphyrion concerning whom the Athmonians a People in Attica have a Tradition that he Erected a Temple to Venus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in their Burrough Also of Colaenus and of Periphas who is describ'd by Antoninus Liberalis to have been a very Vertuous Prince and at last Metamorphos'd into an Eagle Isaac Tzetzes in his Comment upon Lycophron speaks of one Draco out of whose Teeth he tells us it was reported that Cecrops sprung and this reason some give for his being call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lastly to mention no more Pausanias and Stephanus speak of Actaeus or Actaeon from whom some will have Attica to have been call'd Acte and this Name frequently occurs in the Poets particularly in Lycophron a Studious affecter of Antiquated Names and Obsolete Words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But small Credit is to be given to these reports for we are assured by Philochorus an Author of no less Credit than Antiquity as he is quoted by Africanus that Attica was so much wasted by the Ogygian Deluge and it 's Inhabitans reduc'd to so small a Number that they liv'd an Hundred and Ninety Years from the Time of Ogyges to Cecrops without any King at all and Eusebius concurs with him in this Opinion CHAPTER II. Of the State of Athens from Cecrops to Theseus IT is agree'd almost on all Hands that Cecrops was the first that gather'd together the Poor Peasants that lay dispers'd here and there in Attica and having United them into one Body tho' not into one City for that was not effected till many Ages after constituted among them one form of Government and took upon himself the title of King Most Nations at the first were Govern'd by Kings who were usually Persons of great Worth and Renown and for their Courage Prudence and other Virtues promoted to that Dignity by the general Consent and Election of the People who yielded them Obedience out of Willingness rather than Necessity out of Advice rather than by Compulsion and Kings rather chose to be obey'd out of Love and Esteem of their Virtues and Fitness to govern than by the Force of their Arms and out of a Slavish Fear of their Power They affected no uncontrolable Dominion or absolute Sway but preâ—err'd the good of their People for whose Protection they knew and acknowledg'd themselves to have been advanc'd before any Covetous or Ambitious Designs of their own They expected no bended Knees no prostrate Faces but would condescend to converse familiarly even with the meaner sort of their Subjects as oft as they stood in need of their Assistance In short they endeavour'd to observe such a just Medium in their Behaviour and all their Actions as might neither expose their Authority to contempt nor render them formidable to those whom they chose rather to win by Kindness into a voluntary Compliance than to awe by severity into a forc'd Subjection They propos'd to themselves no other Advantage than the good and welfare of their People and made use of their Authority no farther than as it was conducive and necessary to that End Their Dignity and Office consisted chiefly in three Things First in doing â—ustice in hearing Causes in composing the Divivisions and deciding the Differences that happen'd among their Subjects in constituting new Laws and regulating the Old where they had any But the People generally repos'd such trust and confidence in the â—ustice and Equity of their Prince that his sole Will and Pleasure past â—or Law amongst them Secondly in leading them to the Wars where they did not only assist them
their Quarrel should be referr'd to the Areopagites and both Parties stand to their Determination It is reported that this Court was the first that sate upon Life and Death and in later Ages a great many capital Causes came under it's Cognizance before it were brought all Incendiaries all such as Deserted their Countrey against whom they proceeded with no less Severity than was us'd to those that were convicted of Treason for both were alike punish'd with Death such also as had laid wait for any Person 's Life whether their wicked Contrivances were Successful or no for the very designing to murder any Man was thought to deserve no less than Capital Punishment others are of Opinion that such Causes were try'd at the Tribunâ—l of the Palladium However that be it is certain that all Wounds given out of Malice all wilful Murders and particularly such as were effected by Poyson came under the Cognizance of this Court Some say that there was no appeal from the Areopagites to the People but others amongst whom is Meursius are of a contrary Opinion aâ—d assure us that not only their Determinations might be call'd in Question and if need was retracted by an Assembly of the People but that themselves too if they exceeded the due Bounds of Moderation in inflicting Punishments were liable to Account for it to the Logistae The same Author tells us afterwards that this Court had power to cancel the Sentence of an Assembly if the People had acquitted any Criminal that deserv'd punishment and to rescue out of their hands such innocent Persons as were by prejudice or mis-information condemn'd by them Perhaps in both these Opinions there is something of Truth if you understand the former of the Areopagus in it's primitive State and the other when it 's Power was retrâ—nch'd by Pericles Their Power in the Common-wealth was very great for by Solon's Constitution the Inspection and Custody of the Laws were committed to them the publick Fund was dispos'd of and manag'd according to their Discretion the Care of all Young-men in the City belong'd to them and it was their Business to appoint them Tutors and Governours and see that they were educated suitably to their several Qualities Nor did they only superintend over the Youth but their Power was extended to Persons of all Ages and Sexes such as liv'd disorderly or were guilty of any Impiety or Immorality they punish'd according to the merit of their Offences and such as were eminent for a vertuous course of Life they had Power to reward To this End they went about with the Gynaeconomi to all publick Meetings such as were Marriages and solemn Sacrifices which were usually concluded with a Banquet to see that all things were carried on with Decency and Sobriety Idleness was a Crime that came more especially under their Cognizance and which seems to have been an Institution peculiar to Solon they were impower'd and commanded to enquire strictly after every Man's course of Life and to examin by what means he maintain'd himself in the Station he was in that so there might be no Room for such as liv'd by unlawful Arts by Cheating and Cozenage or Theft and Rapine Beside this matters of Religion Blasphemy against the Gods Contempt of the Holy Mysteries and all sorts of Impiety the Consecration also of new Gods erection of Temples and Altars and introduction of new Ceremonies into Divine Worship were referr'd to the Judgment of this Court therefore Plato having been instructed in the knowledge of one God in Aegypt was forc'd to dissemble or conceal his Opinion for fear of being call'd to an Account for it by the Areopagites and Saint Paul was arraign'd before them as a setter forth of strange Gods whâ—n he preach'd unto thâ—m Iesus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Resurrection These were the chief Businesses that this Senate was employ'd about for they seldom intermedled in the Management of publick Affairs except in cases of great and imminent Danger and in these the Common-wealth usually had recourse to them as their last aâ—d surest Refuge They had three Meetings in the Areopagus every Month upon the Twenty-seventh Twenty-eighth and Twenty-ninth Days But if any Business happen'd that required dispatch it was usual for them to assemble in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Royal Portico which they encompass'd with a Rope to prevent the Multitude from thronging in upon them as was usual also in other Courts of Justice Two things are very remarkable in their Judgments First that they sat in the open Air a Custom practis'd in all the Courts of Justice that had Cognizance of Murder partly because it was unlawful for the Accuser and Criminal in such Cases to be under the same Roof and partly that the Judges whose Persons were esteem'd Sacred might contract no Pollution from conversing with Men prophane and unhallowed for such they were accounted that had been guilty of so black and heinous a Crime Secondly they heard and determin'd all Causes at Night and in the Dark to the End that having neither seen the Plaintiff nor Defendant they might lye under no Temptation of being byassed or influenced by either of them Actions about Murder were usher'd into the Areopagus by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who was allow'd to sit as Judge amongst them laying aside his Crown which was one of the Badges of his Office The common Method they proceeded in was this The Court being met and the People excluded they divided themselves into several Committees each of which had their Causes assign'd to be heard and determin'd by them severally if the multitude of business was so great that the whole Senate could not take Cognizance of them singly Both these designations were perform'd by Lots to the End that every Man coming into the Court before it was determined what Causes would fall to his Share none of them might lye under any Temptation of having his Honesty corrupted with Bribes Before the Tryal began the Plaintiff and Defendant took solemn Oaths upon the Testicles of a Goat a Ram and a Bull by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Furies The Plaintiff in case of Murder swore that he was related to the deceased Person for none but near Relations at the farthest a Cousin were permitted to prosecute the Murderer and that the Prisoner was the cause of his Death The Prisoner swore that he was innocent of the Crime laid to his charge Both of them confirm'd their Oaths with direful Imprecations wishing That if they swore falsly Themselves their Houses and their whole Families might be utterly destroy'd and extirpated by the Divine Vengeance which they look'd upon to be so dreadful and certain that the Law inflicted no Penalty upon those that at such a Time were guilty of Perjury remitting them as it were to be punish'd
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
they receiv'd the reward due to them And thus much may suffice concerning the Courts for Capital Offences it remains that I give you an account of those which had the Cognizance of Civil Affairs CHAPTER XXI Of some other Courts of Justice their Iudicial Process c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was as the Name seems to import a Court of no great Credit or Reputation having Cognizance only of trivial Matters whose value was not above one Drachm Pollux reports there were two Courts of this Name one of which was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Persons that sat as Judges were the Eleven Magistrates call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was in all probability so call'd because it was Triangular 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 receiv'd it's Name from the Temple of the Heroe Lycus in which it was erected The same Person had a Statue in all the Courts of Justice by which he was represented with a Wolf's face and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies Sycophants who by Tens that is in great Numbers frequented those Places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was so call'd from one Metichus an Architect by whom it was built It was a Court much frequented and of better Note than the Three former and the Persons that sat as Judges were required to be of good Birth and Credit free from publick Debts and at the least thirty Years of Age The Judges in all these Courts were oblig'd to take a solemn Oath by the Paternal Apollo Ceres and Iupiter the King that they would give Sentence uprightly and according to Law which Oath as also that which was taken by those that judg'd in the Heliaea was given in a Place near the River Ilissus call'd Ardettus from a Heroe of that Name who in a publick Sedition united the contesting Parties and engag'd them to confirm their Treaties of Peace by mutual Oaths in this Place Hence it was that common and profane swearers were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Of all the Judicatories that handled Civil Affairs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was far the greatest and most frequented being so call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the People's thronging together or rather 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it was an open place and therefore expos'd to the Sun The Judges that sat in this Court were at the least Fifty but the more usual Number was Two or Five-hundred being appointed by Lots out of the Body of the People but if the Exigency of the Causes required they were encreas'd to a Thousand and then they were forc'd to joyn two Courts together sometimes to Fifteen-hundred or Two-thousand and then Three or Four Courts were united to contain so vast a Multitude They had Cognizance of Civil Affairs of the greatest Weight and Importance and were not permitted to give Judgment till they had taken a solemn Oath the Form whereof was this as we find it in Demosthenes I will give Sentence according to the Laws and the Decrees of the People of Athens and the Council of Five-hundred I will not consent to place the supreme Power in the hands of a single Person or a Few nor permit any Man to dissolve the Common-wealth or so much as give his Vote or make an Oration in defence of such a Revolution I will not endeavour to discharge private Debts nor to make a Division of Lands or Houses I will not restore Persons sent into Banishment nor pardon those that are condemn'd to die nor expel any Man out of the City contrary to the Laws and Decrees of the People and Council of Five-hundred nor permit any other Person to do it I will not elect any Person into any publick Employ and particularly I will not create any Man Archon Hieromnemon Embassador publick Herald or Synedrus nor consent that he shall be admitted into any of those Offices that are elected by Lots upon the same Day with the Archons who has undergon any former Office and not given in his Accounts nor that any Person shall bear two Offices or be twice elected into the same Office in one Year I will not receive Gifts my self nor shall any other for me nor will I permit any other Person to do the like by any means whether direct or indirect to pervert Justice in the Court of Heliaea I am not under Thirty Years of Age I will hear both the Plaintiff and Defendant without Partiality and give Sentence in all the Causes brought before me I swear by Iupiter Neptune and Ceres if I violate this Oath or any part of it may I perish with my whole Family but if I religiously keep and observe it may we live and prosper These seem to have been the Ten publick Courts in Athens others there were of less Note where particular Magistrates or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 took Cognizance of Causes belonging to their several Offices such was the Court at Cynosarges Odeum Theseus's Temple Bucoleum and some others The method of Judicial Process was thus When any Man had receiv'd an Injury for which he required satisfaction he went to the Magistrate whose business it was to take Cognizance of such Complaints and report them to the Court to him he deliver'd in a Tablet wherein was written his own the Plaintiff's Name and the Criminal's together with an account of the Crime laid to his charge and the Name of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bayliff by whom he was summon'd to make his appearance before the Magistrate which was the first thing to be done in these Proceedings and call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But before this the Magistrate ask'd the Plaintiff Whether he was resolv'd to prosecute his Action and had Witnesses that would swear to his Indictment and whether he had all things in readiness to proceed to a Tryal This Examination was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Person accus'd being summon'd to appear before the Magistrate had a certain Day appointed to answer for himself and was oblig'd to give sufficient Bail that he would make his appearance at the Time appointed This being done the Magistrate proceeded to the election of Judges which was perform'd by Lots and they upon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or appointed Day came to the Tribunal and took their Places the publick Cryer having before commanded all those that had no Business to depart in these Words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then to keep the Crowds from thronging in upon them the Court was surrounded with a Rope by the command of the Magistrate and Sergeants appointed to keep the Doors which they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being the same with those which the Romans call'd Cancellatae Now least any of the Judges should be wanting Proclamation was made in this manner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If any Judge be without the Door
the White You 'r ' safe and since it awful Phoebus was The Parricide advis'd your tottering cause He 'll on himself transfer and hence shall be This Law transmitted to Posterity That Lots if equall shall the Pris'ner free Mr. Hutchin And again to the same purpose in another Tragedy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Since you with equal Suffrages I free'd When Justice ample Vengeance had decree'd And once before when we debating sat At Areopagus on your dubious Fate And there the dooming Sentence must have pass'd Had I not you with equal Lots releast On this account shall after-ages save Such Criminals as equal Voices have Mr. Hutchin The Plaintiff was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the whole Suit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Defendant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Indictment before Conviction was nam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after Conviction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and after Condemnation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All the Time the Cause was in suspence and undetermin'd it was expos'd to publick View being engrav'd in a Tablet together with the Name of the Person accus'd and hung up at the Statues of the Heroes sirnam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 than which there was not a more publick place in the whole City this they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and it seems to have been done with a design that all Persons who could give any Information to the Court having sufficient Notice of the Tryal might come and present themselves If the convicted Person was guilty of a Capital Crime he was deliver'd into the hands of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to receive the punishment due to his Offence but if a pecuniary Mulct was laid upon him the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 took care to see it paid but in case his Estate was not able to make payment they issued out a Writ of Outlawry against him and confin'd him to perpetual Imprisonment If on the contrary the Plaintiff had accus'd his Adversary unjustly and produc'd false Evidence against him he was in some places oblig'd to undergo the punishment due by Law to the Crime of which he had fasly accus'd an innocent Person but at Athens had only a Fine laid upon him And both the Villain that had forsworn himself and he that suborn'd him were severely prosecuted the former by an Action of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the latter of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Of these and the punishments due to such Offenders I shall speak more in another place When the Tryals were over the Judges went to Lycus's Temple where they return'd their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Staffs or Scepters which were a badge of their Office and receiv'd from certain Officers call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a piece of Money for their service which at the first was only one Obolus afterwards it was encreas'd to two then to three and at the length to a Drachm which was six Oboli as we learn from the Scholiast upon Aristophanes And tho' these rewards may seem trifling and inconsiderable Expences yet the troublesom temper of the Athenians their nice and critical exaction of every little Duty or Privilege occasion'd so great a Number of Law-suits that the frequent payment of these small summs by degrees so exhausted the Exchequer that they became a burden to the Common-wealth and are particularly reflected upon by Aristophanes who takes occasion every where to ridicule and expose this quarrelsom litigious Humour which was grown to such a height amongst them that every Corner of the Streets was pester'd with whole swarms of turbulent Rascals that made it their constant business to pick up petty Stories and catch at every occasion to accuse Persons of Credit and Reputation these tâ—â—y call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word sometimes signifies False-witnessâ—â— but is more properly taken for what we call common Barrâ—tâ—â—â— being deriv'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from indicting Persons that exported Figs for amongst the primitive Atheniâ—ns when the use of that Fruit was first found out or in the time of a Dearth when all sorts of Provision were exceeding scarce it was enacted that no Figs should be exported out of Attica and this Law not being actually repeal'd when a plentiful Harvest had rendred it useless by taking away the reason of it gave occasion to ill-natur'd and malicious Fellows to accuse all Persons they caught transgressing the Letter of it and from them all busie Informers have ever since been branded with the Name of Sycophants CHAPTER XXII Of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 OI 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were Forty Men that went their Circuits round the several Burroughs and had Cognizance of all Controversies about Money when the summ exceeded not ten Drachms also as Demosthenes reports had Actions of Assault and Battery brought to their hearing Pollux tells us that at their first Institution they were no more than thirty in Number but Hesychius reports the Magistrates or Judges call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were those that amerc'd the People for absenting themselves from the publick Assemblies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Arbitrators were of two sorts 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who were Fourty-four Men above the Age of sixty as Pollux or fifty as Suidas reports drawn by Lots out of each Tribe to determine Controversies about Money when the summ was above ten Drachms Their Sentence was not final so that if either of the contesting parties thought himself injur'd by it he might appeal to the superiour Courts of Justice At their first Institution all Causes whatsoever that exceeded ten Drachms were heard by them before they could be receiv'd into the other Courts They pass'd Sentence without obliging themselves by any Oath but in other things acted in the same manner with the rest of the Judges they receiv'd a Drachm of the Plaintiff which was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and another of the Defendant when they administred his Oath to him and in case the Parties did not appear at the appointed Time and Place they staid expecting them till the Evening and then laid a Fine upon them Their Office continued a whole Year at the end of which they gave up their Accounts and if they were prov'd to have refus'd to give â—udgment or to have been corrupted a Writ of Outlawry was issu'd out against them Under them were certain Officers call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whose business it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to receive the Complaints that fell under the Cognizance of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and enter them into their Court 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Compromissarii were such as two Parties chose to determine any Controversie betwixt them and these the Law permitted any Person to request but oblig'd him to stand to whatever they determin'd without any farâ—her appeal 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
Guardian for the mis-management of his Trust. Laws about Sepulcres and Funerals LET the dead be interr'd No Tomb is to consist of more work than ten Men can finish in three days neither is it to be erected arch-wise or adorn'd with Statues No Grave is to have over it or by it Pillars above three cubits high it 's Table and Labellum or or little Vessel to contain Victuals for the Ghost's maintenance are to be of the same height He that defaceth a Sepulcre or laies one of a different Family in that of another breaks it eraseth the Inscription or beats down the Pillar shall suffer condign Punishment No one shall come near another's Grave unless at the Celebration of Obsequies The Corps shall be laid out at the Relations pleasure the next day following before Day-light shall be the Funeral Procession the Men shall proceed first the Women after them it 's unlawful hereby for any Woman if under three-score and no Relation to go where the mournful Solemnity is kept or after the Burial is solemniz'd Too great a concourse of People is prohibited at Funerals Let not the Corps be buried with above three Garments Let not Women tear their Faces or make Lamentations or Dirges at Funerals At every one's Death there shall be paid to the Preistess of Minerva who is plac'd in the Cittadel a Choenix of Barley the like of Wheat and an Obolus No Ox shall be offer'd to atone for or appease the Ghost of the deceased Children and Heirs shall perform the accustom'd Rites of Parentation Slaves when Dead shall not be embalm'd or honour'd with a Funeral Banquet Let there be no Panegyricks unless at Funerals publickly Solemniz'd and then not spoken by Kindred but one appointed by the Publick for that purpose They who fall in the Field are to have their Obsequies celebrated at the publick Charge Let the Father have the privilege of giving that Son a Funeral Encomium who dy'd valiantly in the Fight He shall have an annual Harangue spoken in his Honour on the day he fell who receives his Death with undaunted Prowess in the Battel 's Front Let him who accidentally lights on an unburied Carkase cast earth upon it and let all Bodies be buried West-ward Don't speak evil of the Dead no not tho' their Children provoke you Laws against Ruffians and Assassins THE Areopagite Senate shall sit in Judgment over Cases of wilfull Murder of Wounds given wilfully Setting Houses on Fire or killing by Poyson The Assassin's Council shall not make any preliminary Apology use any motives for the gaining of Compassion or speak any thing forreign to the Cause The Thesmothetae shall condemn Murderers who fly after the Fact The Assassin shall suffer Death in the Murdred Person 's Country and being hal'd away to the Thesmothetae according to the appointment of the Law he shall be liable to no other violence or ill usage besides what his Capital punishment includes no body shall take Money for his Pardon he that doth shall pay double the Money he receiv'd of the Criminal his Name likewise by any body shall be carried in to the Archons but the Heliastick Court alone shall pass Judgment upon him If any one kills or assists in killing a Murderer that abstains from the Forum Consecrated places publick Sports and the Amphictyonick Festivals he shall undergo the severity of the Law as much as if he had kill'd a Citizen of Athens The Ephetae are to take Cognizance of this Matter One accus'd of Murder shall have nothing to do with City-Privileges He that puts him in trouble who was forc'd to make flight out of Attica for Chance-medley shall undergo the same penalty with him who doth the like to one within Athens He who commits Chance-medley shall fly his Country for a Year till satisfaction be made to the dead Person 's Kindred then he shall return sacrifice and be purified He shall not have an Action of Murther brought against him who binds him over to his appearance before the Magistrate that return'd from banishment before his limited time is completed If any one hath unadvisedly given his Antagonist in the Exercises his Death or kill'd by chance a Man lying in Ambuscade or being in the brunt of an engagement in War or one debauching his Wife Mother Sister Daughter Miss or the Nurse of his legitimate Children let not such an one be banisht It shall be lawful to kill that Person who shall make an assault on the Innocent If any one being banisht for Chance-medley shall have an Indictment of wilful Murder laid to his charge before he hath made up the difference with those who banisht him He shall make his defence before the Court 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in a little Vessel which shall not be permitted to come to shore but his Judges shall give Sentence on the Land if he is cast he shall answer Justice for wilful Murder but if absolv'd shall only undergo the former Sentence of banishment for Chance-medley If any Archon or Man in a private capacity is instrumental in the depravation or repeal of these Statutes let him and his Children be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his Goods be sold. It shall be lawful to hale a Murderer if found in any religious Places or the Forum to Gaol and if he prove guilty to put him to Death but if the committer of him to Gaol do not procure the fifth part of the Votes he shall be fin'd a thousand Drachms If any one comes to an untimely End his nearest Relations may bring the Action of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against those People they suspect either to be Abettors of the Murder or Protectors of the Felon and till such time as these either make satisfaction or surrender the Delinquent the Murdered Man's Relations are privileg'd to seize three Men of their Body The Right of the prosecution of Murderers belongs to the Kindred of the Murdered Kins-folks Children their Sons in Law Fathers in Law Sisters Children and those of the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Murderers have liberty granted of imploring the Father of the Murder'd to be mild and favourable but if he is not alive then his Brother or Sons all together shall be intreated for without the joynt consent of them all nothing shall prevail if these fore-mention'd Persons are all dead and the Death of the Person came by Chance-medley according to the determination of the fifty Ephetae ten of the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may if they think fit convene and delegate one and fifty out of the Nobility to the Ephetae ** All they who were Murderers before the making of this Law shall be subject to it's obligation If any one hath been Murder'd in any of the Burroughs and no body removes him the Demarchus shall give orders to his Friends to take him away bury him and perform the Duty of Lustration towards the Burrough that very day on which he was kill'd when a Slave is Murdered He