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

CHAPTER XXIII. Of the Publick Judgments, Actions, &c.

THE Athenian Judgments were of two sorts, Publick, and Pri∣vate, the former were about such Crimes, as tended to the prejudice of the State, and were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the latter comprehended all Controversies that happen'd between private Persons, and were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (d) 1.1. Nor did they only differ as to their Mat∣ter, but in the whole Process, and Management of them, and parti∣cularly in this, that in private Actions, no Man could prosecute the Offender, beside the Party injur'd, or some of his near Relations, whereas in the Publick, the Laws encourag'd all the Citizens to re∣venge the publick wrong, by bringing the Criminal to condign pu∣nishment (e) 1.2.

The publick Judgments were these,

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action, laid upon such as had been guilty of any of the following Crimes (f) 1.3,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Murder.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Wound given out of Malice.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Firing the City.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Poyson.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Conspiracy against any Person's Life; or, the Crime of the City-Treasurers, that enter'd into the publick Debt-book Persons not indebted to the City (g) 1.4.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Sacrilege.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Impiety.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Treason.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Uncleanness.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Whoredom.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Coelibacy.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Refusing to serve in the Wars.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Desertion of the Army.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Desertion of a Man's Station, as when any Person re∣fus'd to serve on Foot, and listed himself amongst the Horse-men, which by Solon's Laws was esteem'd as great a Crime as a total Deser∣tion of the Army.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Cowardice.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Desertion of the Fleet.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Refusing to Serve, and Fight in the Fleet.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Loosing a Man's Shield.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action, against those that falsly charg'd others, and sued them for publick Debts, which Harpocration calls 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; but this seems rather to have been an Action for false Arrests, according to Pollux.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Barretry, or false Accusation.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, taking Bribes to manage any publick Affair, or pervert Justice; nor was it thought enough to punish the Receiver, but the Person also that offer'd Bribes was prosecuted, and the Action laid against him call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The same Action in Causes about Freedom of the City, was by a peculiar Name term'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Beating a Free-man, or binding him, as they us'd to do Slaves.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Erasing a Name out of the publick Debt-book, before the Debt was discharg'd.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Digging a Mine without acquainting the publick Officers; For before any Person could dig a Mine, he was oblig'd to inform certain Officers, appointed by the People, of his Design, to the end that the twenty-fourth part of the Metal might be reserv'd for the publick Use.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against Magistrates, that had neglected to give up their Accounts.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, against such as in proposing a new Law, acted contrary to the old and established Laws.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against Magistrates, Embassadors, or other Officers that had mis-employ'd the publick Money, or committed any other Offence in the Discharge of their several Trusts. That against Em∣bassadors was sometimes by a peculiar Name call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Probation of the Magistrates, and Persons em∣ploy'd in publick Business.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against Persons disaffected to the Govern∣ment, and such as impos'd upon the People; against Sycophants, and such as at the celebration of any Festival had caus'd an uproar▪ or committed any thing undecent, and unsuitable to the Solemnity.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was when any Person, being sued for Debts said to be due to the Publick, pleaded that they were falsly charg'd upon him, withall producing all the Money he was possess'd of, and de∣claring by what means it came into his Hands. Suidas adds, that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is sometimes taken for an Action against such as neither paid the Fines laid upon them, before the ninth Prytanea following their Sentence, nor were able to give sufficient Security to the City.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was sometimes the same with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as we learn from Suidas; but was also usually taken for the Account of Estates given at the Exchange of them together with publick Employments. For when any Man would excuse himself from any troublesome and charge∣able Trust, by casting it upon another richer than himself, the Per∣son produc'd by him, had power to challenge him to make an Ex∣change of Estates, and thereby compell him to undergo the Office he had before refus'd.

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was commonly taken for the discovery of any hidden and conceal'd Injury, but more peculiarly signified an Action laid against such as exported Corn out of Attica, imbezzled the publick Revenues, and converted them to their own private Use, or appropriated to them∣selves any of the Lands, or other Things, that of right belong'd to the Common-wealth. It is sometimes taken for an Action against those, that were Guardians to Orphans, and either wholly neglected to provide Tenants for their Houses, and Lands, or let them at too easie a rate.

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against such, as committed any Action, or affected any Place, of which they were uncapable by Law; as when a Person disfranchis'd, or indebted to the Publick sued for Offices in the State, or took upon him to determine Controversies in a judicial Way. Also against those, that confess'd the Crimes laid to their charge, without standing the Tryal.

4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was the carrying a Criminal taken in the Fact to the Magistrate. If the Accuser was not able to bring him to the Magistrate, it was usual to take the Magistrate along with him to the House, where the Criminal lay conceal'd, or defended himself, and this they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Action 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

5. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against such as pro∣tected Persons guilty of Murder, by which the Relations of the de∣ceased were impower'd to seize three Men in the City, or House, whither the Malefactor had fled, till he were either surrendred, or satisfaction made some other way for the Murder.

6. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was of three sorts; the first was about great and publick Offences, whereby the State was brought into Danger, such Actions were not referr'd to any Court of Justice, but immediately brought before the Senate of Five-hundred, or the popular Assembly, were the Delinquent was severely punish'd, but the Plaintiff underwent no dan∣ger, altho' he could not prove his Indictment, except he fail'd of having the fifth part of the Suffrages, for then he was fin'd a thousand Drachms. The second sort of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, of which I shall speak in another place; it was brought before the

Archon, to whom the Plaintiff gave in his Accusation, but was not lia∣ble to have any Fine laid upon him, tho' Sentence was given against him. The third was an Action against the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, preferr'd by Per∣sons that thought themselves unjustly dealt with by them, who ran the hazard of being disfranchis'd, and forfeiting their Freedom, if they were not able to make good their Accusation. Indeed, in all the fore-mention'd Accusations, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 only excepted, this Penalty, together with a Fine of a thousand Drachms, was in∣flicted upon the Plaintiff, if he had not the fifth part of the Suf∣frages.

Notes

• (d) 1.1

  Isocrates.
• (e) 1.2

  Plutarchus Solone.
• (f) 1.3

  Pollux. lib. VIII. cap. VI. Sigonius de Rep. Athen.
• (g) 1.4

  Harpocrat.