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

CHAPTER XXIV. Of the Private Judgments, Actions, &c.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action of Slander, by which the Crimi∣nal was fin'd five-hundred Drachms.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action of Battery, in which case there was no set Penalty inflicted by the Laws, but the Judges took an account of the Dammages suffer'd by the Plaintiff, and compell'd the Delinquent to make sufficient retribution.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against such as ravish'd Wo∣men, or had us'd Violence towards any Man's Person.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action of Trespass, being against those, that had endammag'd another man's Estate, Lands, Houses, Cloaths, &c.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action enter'd by Heiresses against their Husbands, by Parents against their Chil∣dren, and Orphans against their Guardians, when they were ill us'd, or injur'd by them.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action of Divorce, when the Husband had put away his Wife. On the contrary, when the Woman fled from her Husband, the Action was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against Theeves. Demosthenes (a) 1.1 reports, that if any Man had stoln above fifty Drachms in the Day-time, he was to be indicted at the Tribunal of the Eleven. But if any The••t was commit∣ted in the Night, it was lawful to kill the Criminal, if he was caught in the Fact, or to pursue him, and, if he made any resistance, to wound him, and so hale him to the Eleven, by whom if he was convicted of any of those Crimes, that bore an Action of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, he was not not permitted to give Bail, but immediately suffer'd Death. If any

Person surreptitiously convey'd any thing of the smallest value out of the Lyceum, Academy, Cynosarges, or any of the Gymnasia, or out of Havens above the value of ten Drachms, he was adjudg'd to dye. If any Man was convicted of Theft by a private Ju••gment, he was to make retribution to the Person he had injur'd, by paying him double the value of what he had depriv'd him of; nor was this punishment alone thought sufficient to expiate his Offence, but it lay in the Judges Power to keep him in Bonds five days, and as many nights, and expose him in that condition to the view of all the People.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against such as refus'd to restore any thing committed to their Charge.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Suit betwixt Debtors and Userers.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against those that would not stand to their Contracts, or Bargains. Not much different from this was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, only, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 are distinguish'd from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in this, That these chiefly imply private Contracts about the Lone of Money, Division of Inheritances, and References to the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whereas the other are extended, as well to publick Negotiations be∣tween Cities and Kingdoms, as to Bargains made by private Persons. Others there are, that acknowledge no such difference betwixt them.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against such Persons as would not consent to make a division of Goods, or Estates, wherein other Men were sharers with them.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was about publick Duties, whereby it was re∣quired that the Person design'd to undertake them, should have a Time appointed, wherein he should enter upon his charge. It is also taken for 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, when Daughters inherited the Estates of their Parents, they were oblig'd by Law to marry their nearest Relation. This was the occasion of this Suit, which was commenc'd by Persons of the same Family, each of which pretended to be more nearly allied to the Heiress than the rest. The Virgin, about whom the Relations contested, was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was a Daughter, that had no Brothers lawfully begotten, and therefore inherited her Father's whole Estate. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was one that had Brothers, and shar'd the Estate with them.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Suit commenc'd by one that made pretensions to the Estate of a deceased Person, as being his Son either by Nature, or Adoption.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action enter'd by the Relations of the de∣ceased, whereby they claim'd a right to the Estate, as belonging to them by reason of their Consanguinity, or bequeathed by Will. It was so call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Plaintiff deposited the tenth part of the Inheritance, if the Cause was private, and the fifth,

if it was a publick Estate he contended for: this he was to forfeit, if he could not make his Plea good.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Law-suit about Kindred, whereby any Person claim'd a Relation to such, or such a Family, and therefore it seems to have been of the same Nature with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Protestation that the deceased Person had left an Heir, made to hinder the Relations from entering upon the Estate.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action, whereby the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was prov'd to be false, and groundless.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was when any Person claim'd some part of ano∣ther man's Goods, which were confiscated, and sold by Auction.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, when a Husband divorc'd his Wife, the Law oblig'd him to restore her Portion, or, in case he refus'd that, to pay her for each Pound nine Oboli every Month, upon the failure of which he was liable to have this Action enter'd against him in the Odeum by his Wife's 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, Guardian, whereby he was forc'd to allow her a sepa∣rate Maintenance.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against Guardians, that were negligent in the management of the Affairs of their Pupils, and either let out their Houses, or Estates, at too small a price, or suffer'd them to lye void of Tenants. When any House was vacant, it was Customary to signifie so much by fixing an Inscription upon the Door, or other part of it, as Mr. Rous has observ'd from these words of Terence,

— Inscripsi illico Aedes mercede (a) 1.2. —

Over the Door I Writ, This House is to be Let.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against Guardians, that had de∣frauded their Pupils. It was to be commenc'd within five Years after the Pupil was come to Age, otherwise it was of no Force.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, when any Man laid claim to an House, he enter'd an Action against the Person that inhabited it, whereby he demanded the Rent of the House. If he claim'd an Estate of Land, the Action was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Fruits of the ground were demanded. If the Plaintiff cast his Adversary in ei∣ther of the former Suits, he enter'd a second Action against him, whereby he laid claim to the House, or Land, as being a part of his Estate, for which reason it was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. After this, if the Person in possession continued obstinate, and would not deliver up

the Estate to the lawful Owner, there was a third Action commenc'd, and a Writ of Ejectment issued out against him, which was nam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to eject. The same Name is us'd for all Writs of Ejectment upon what account soever.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action whereby the Buyer compell'd the Seller to confirm, or stand to his bargains.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was design'd as an enquiry into some thing that was conceal'd, as stoln Goods.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against a Free-man, that endeavour'd to give a Slave his Liberty, without his Master's consent.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action against Sojourners, that neglected to choose a Patron, of which custom I have spoken in another place.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Action commenc'd by a Master, or Patron against his Clientes, such as were the Free'd Slaves, when they refus'd to perform those Services, they were bound to pay to him.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Suit about Money put into the Bankers hands, which the ancient Athenians call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the modern 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was, when a Person deeply indebted desired the Peo∣ple to remit part of his Debt, upon pretence that he was unable to make payment.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against false Witnesses.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against those that suborn'd false Witnesses.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was against such, as, having promis'd to give Evidence in a Cause, disappointed the Person that rely'd upon them.

Several other Judgments we meet with in ancient Authors, some of which I have already spoken of in other places, and the Names of the rest are so well known, that I need not give you any explication of them; such were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and some others (a) 1.3.

Notes

• (a) 1.1

  Timoc••a••ea.
• (a) 1.2

  Heaut. Act, I. Scen. I.
• (a) 1.3

  Hes••chius, Harpocration, Suidas, Pollux, Ulpianus in Demosthen. Sigonius de Rep. Athen. & Rousaus in Arch. Attic. Iidemque ubique in his capitibus sunt consulendi.