Archæologiæ Græcæ, or, The antiquities of Greece by John Potter ...

CHAPTER XX. Of some other Courts of Justice.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 A∣gamemnon, being driven in the Night upon the Coasts of Attica, land∣ed at the Haven of Phalerus, and, supposing it to be an Enemies Coun∣try, 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 in∣to 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 Mur∣ders. 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 Aga∣memnon being enrag'd at the loss of his Men, and di••••a••isfied at De∣mophoon's rash and hasty Attempt upon them, refer••'d the Quarrel to the decision of Fifty Athenians, and as many Argians, whom they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ be∣cause 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 re∣port, that he regulated and reform'd them, augmented their Power, honour'd them with many important Privileges, and made them Supe∣riour to the Senate of Areopagus. In this State they continu'd till So∣lon's Time, by whom their Power was lessen'd, and their Authority restrain'd, the Causes which had formerly been tryed by them, were di••charg'd from their Cognizance, and only those about Man-slaugh∣ter, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Pro∣ceedings 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 Ora∣tors having perform'd their parts, the Judges proceeded to give Sen∣tence (a) 1.1.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Court of Justice in the Temple of Apollo Del∣phinius, and Diana Delphinia. Under it's Cognizance came all Mur∣ders, 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 (b) 1.2. 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 Tr••zen and that place; and afterwards the Sons of Pallas, that rais'd a Rebellion against him (c) 1.3.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 direct∣ion of an unknown Hand, or of a Person that had escap'd, had Judg∣ment pass'd upon them in this place, and were order'd to be cast out of the Territories of Athens by the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. This Court was as an∣cient 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 Ani∣mal 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 (d) 1.4. 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.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was seated upon the Sea-shore in the Pi∣raeeus, and receiv'd it's Name 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because it stood in a Pit, and therefore Pollux calls it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Mur∣der, 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 Telam••n, upon a groundless suspicion, that he had been accessory to Ajax's Death. The Criminal was not per∣mitted 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 punish∣ment: if innocent, was only clear'd of the second Fact, and (as 'twas customary) underwent a Twelve-month's Banishment for the for∣mer (a) 1.5.

The Judges that presided in all these Courts, were (after Draco's Time) the Ephe••ae, as Harpocration observes (b) 1.6. The Scholiast upon A∣ristophanes (c) 1.7, 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 l••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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &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, wa•• ••n∣grav'd, where he receiv'd from the publick Cryer a Tablet, on w••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 non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in Homer are accounted sacred, and the most solemn Oaths taken by them,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. — (a) 1.8

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,

— 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. — (b) 1.9

— he cast his Scepter on the Ground Emboss'd wi••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 they receiv'd the reward due to them.

And thus much may suffice concerning the Courts for Capital Of∣fences; it remains that I give you an account of those, which had the Cognizance of Civil Affairs.

Notes

• (a) 1.1

  Pausanias, Harpocration, S••id••s, Pollux lib. VIII cap. X.
• (b) 1.2

  Plutarch. Solone.
• (c) 1.3

  ••ollux loc. cit. Pausanias.
• (d) 1.4

  Iidem. Aelian. V. H. lib. VIII. cap. III. Harpocration.
• (a) 1.5

  Demosthen. in Arist. Harpocrat. Pollux. loc cit. He••ychius.
• (b) 1.6

  Voce 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (c) 1.7

  Pluto.
• (a) 1.8

  Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. v. 233.
• (b) 1.9

  Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. v. 245.