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

Archaeologiae Graecae, OR, THE ANTIQUITIES OF GREECE. BOOK I.

CHAPTER I. Of the State of Athens till Cecrops.

ALL Ages have had a great esteem and veneration for An∣tiquity; and not only of Men, but of Families, Cities, and Countries, the most Ancient have always been accounted the most Honourable. Hence arose one of the first and most Universal Disputes that ever troubled Mankind; almost every Nation, whose first Original was not very Manifest, pretending to have been of an equal Duration with the Earth it self. Thus the Aegyptians, Scythians, and Phrygians phansied themselves to be the first race of Man∣kind, and the Arcadians boasted that they were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or before the Moon. The want of Letters did not a little contribute to these Opi∣nions, for almost every Colony and Plantation, wanting means whereby to preserve the memory of their Ancestors, and deliver them down to Posterity, in a few Generations forgot their Mother-Nation, and thought they had inhabited their own Countrey from the begin∣ning of the World.

Our Athenians too had their share in this Vanity, and made as great and loud pretensions to Antiquity, as the best of their Neighbours; they gave out that they were produc'd at the same time with the Sun (a), and assumed to themselves the Honourable Name (for so they thought it) of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which word signifies Persons produc'd out of the same soil, that they inhabit: For it was an old Opinion, and almost every where receiv'd among the Vulgar, that in the begin∣ning of the World, Men, like Plants, were by some strange Prolifick Virtue produc'd out of the Fertile Womb of one common Mother, Earth; and therefore the Ancients generally called themselves 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Sons of the Earth, as Hesychius informs us (b). Alluding to the same Original, the Athenians would sometimes stile themselves 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Grashoppers; and some of them wore Grashoppers of Gold, binding them in their Hair as Badges of Honour, and marks to distinguish them from others of later Duration, and less Noble extraction, because those Insects were believ'd to be generated out of the Ground (c): Virgil has mention'd this custom in his Poem entitul'd Ciris,

Ergo omnis caro residebat cura capillo, Aurea solemni comptum quem fibula ritu Cecropiae tereti nectebat dente cicadae.

Wherefore she did, as was her constant Care, With Grashoppers adorn her comely Hair, Brac'd with a Golden Buckle Attick-wise.

Mr. Io. Abell of Linc. Coll.

Without doubt the Athenians were a very ancient Nation, and it may be the first and only one that ever inhabited that Countrey; for when Thessaly, and Peloponnesus, and almost all the fertile Regions of Greece chang'd their old Masters every Year, the barrenness of their Soil secur'd them from Forreign Invasions. Greece at that time had no con∣stant and settl'd Inhabitants, but there were continual Removes, the stronger always dispossessing the weaker; and therefore they liv'd, as we say, from Hand to Mouth, and provided no more than what was necessary for present Sustenance, expecting every Day when some more powerfull Nation should come and displace them, as they had lately done their Predecessors (d). Amidst all these troubles and tumults, At∣tica lay secure and unmolested, being protected from Forreign Ene∣mies by means of a craggy and unfruitful Soil, that could not afford Fuel for contention; and secur'd from intestine and civil Broils, by the quiet and peaceable Dispositions of it's Inhabitants; for in those Golden-Days no affectation of Supremacy, nor any Sparks of Ambi∣tion had fired Men's minds, but every one liv'd full of content and satisfaction in the enjoyment of an equal share of Land, and other Necessaries with the rest of his Neighbours.

The usual Attendants of a long and uninterrupted Peace are Riches and Plenty, but in those Days when Men liv'd upon the products of their own Soil, and had not found out the way of supplying their wants by Traffick, the case was quite contrary, and Peace was only the Mother of Poverty and Scarceness, producing a great many new Mouths to consume, but affording no new Supplies to satisfie them. This was soon experienc'd by the Athenians, for in a few Ages they were increas'd to such a number, that their Countrey being not only un∣fruitfull, but confin'd within very narrow bounds, was no longer able to furnish them with necessary Provisions. This forced them to contrive some means to disburthen it, and therefore they sent out Co∣lonies to provide new Habitations, which spread themselves in the se∣veral parts of Greece.

This sending forth of Colonies was very frequent in the first Ages of the World, and several instances there are of it in later Times, espe∣cially amongst the Gauls, and Scythians, who often left their Native-Countries in vast Bodies, and, like general inundations, overturn'd all before them. Meursius reckons to the number of forty Plantations peopl'd by Athenians; but amongst them all, there was none so re∣markable as that in Asia the Lesse, which they call'd by the Name of their Native-Countrey, Ionia. For the primitive Athenians were nam'd Iones, and Iaones (a); and hence it came to pass, that there was a very near Affinity between the Attick, and old Ionick Dialect, as Eu∣stathius observes (b). And tho' the Athenians thought fit to lay aside their Ancient Name, yet it was not altogether out of use in Theseus's Reign, as appears from the Pillar erected by him in the Isthmus, to shew the Bounds of the Athenians on the one side, and the Peloponnesians on the other; on the East-side of which was this Inscription (c),

This is not Peloponnesus, but Ionia.

And on the South-side this,

This is not Ionia, but Peloponnesus.

This Name is thought to have been given them by Iavan, which bears a near resemblance to 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and much the nearer, if (as Grammarians tell us) the Ancient Greeks pronounc'd the letter 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 broad, like the Dipthong 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as in our English word All, and so Sr. George Wheeler re∣ports the Modern Greeks do at this Day. This Iavan was the fourth Son of Iapheth, and is said to have come into Greece after the confu∣sion of Babel, and seated himself in Attica. And this Report recei∣veth no small confirmation from the Divine Writings, where the Name of Iavan is in several places put for Greece. Two instances we have in Daniel (d); And when I am gone forth, behold the Prince of Grae∣cia shall come. And again (e); He shall stir up all against the Realm of Graecia. Where tho' the Vulgar Translations render it not Iavan, yet (as Mr. Rous hath observ'd) that is the Word in the Original. And

again in Isaiah; And I will send those that escape of them to the Na∣tions in the Sea, in Italy and in Greece. Where Sr. Walter Raleigh hath taken notice, that the Tigurine Version, with that of Geneva, retains the Hebrew words, and useth the Names of Tubal and Iavan, instead of Italy and Greece. But the Grecians themselves having no knowledge of their true Ancestor, make this Name to be of much later date, and derive it from Ion, the Son of Xuthus. This Xuthus (as Pausanias re∣ports) having robb'd his Father Deucalion of his Treasure, convey'd himself together with his ill-gotten Wealth into A••tica, which was at that time govern'd by Erectheus, who Courteously entertain'd him, and gave him his Daught••r in ••arriag••, by whom h•• had two Sons, Ion and Achaeus, the former of which gave his Na••e to the Io∣nians, the latter to the Achaeans. It is not improbable that 〈◊〉〈◊〉 himself might r••ceive his Name from Iavan; it being a Custom observable in the Histories of all Times, to keep up the Ancient Name of a Fore-Father, especially such as had bee•• eminent in the Times he liv'd in, by reviving it in some of the 〈…〉〈…〉 his Pos••erity

From the first Peopling of 〈…〉〈…〉 the time o•• King Ogyges, we have no Account of any thin•• 〈…〉〈…〉 th••re; only ••lato (a) re∣ports, they had a Tradition, that 〈◊〉〈◊〉 Athenian Power and Gl••ry were very great in those Days; that they were exc••••l••••tly skill'd both in Civil and Military Affairs, were gov••r••'d by the J••st••st and most Equi∣table Laws, and liv'd in far great••r Spl••nd••r, than they had ••••••iv'd to in his Time. But of the Transaction•• of these, and th•• following A∣ges, till Theseus, or the Trojan War, littl•• or nothing of C••••t••inty must be expected; partly, because of th•• want o•• Record••, in 〈◊〉〈◊〉 and il∣literate Ages; partly, by reason of th•• v••st distance o•• Time, wherein those Records they had (is they had any) w••r•• lo••t and d••••tr••y'd; and partly, thro' the Pride and Vain-gl•••• 〈…〉〈…〉, that out of an affectation of being though•• 〈…〉〈…〉 some Divine Original, industriously conceal'd their Pe••igr••e••, and obscur'd their Ancient Histories w••••h idle T••les, and Poetical Fictions. And to use the words of Plutarch (b); As Historian•• in th••ir Geographical Descriptions o•• Countr••ys, c••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 no••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 de∣serves credit, or that car••i••s in it any appearance of Truth.

However I must not omit what is reported concerning Ogyges, or O∣gygus, whom som•• 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 (c). 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 He∣roe 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 (a), others bring him as low as Moses (b). His Reign is the utmost Period that the Grecian Stories, or Traditions ever pretended to reach to, and there∣fore when they would express the great Antiquity of any thing, they call it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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,

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

And in allusion to the great Power, he is suppos'd to have been possess'd of, they call any thing Great or Potent, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as two Learned Grammarians inform us. Hesychius, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Suidas, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And therefore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 are great and insupportable Evils; and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 En∣joyments 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 non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in their Burrough (c). Also of Colaenus (d); and of Periphas, who is describ'd by Antoninus Liberalis, (e) 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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,

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

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 quo∣ted by Africanus, that Attica was so much wasted by the Ogygian De∣luge, 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 O∣pinion f.

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 ga∣ther'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) consti∣tuted 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, Pru∣dence, 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 pre∣••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 fami∣liarly, 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 Sub∣jection. 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 ••ustice, in hearing Causes, in composing the Divi∣visions, and deciding the Differences, that happen'd among their Subjects, in constituting new Laws, and regulating the Old (b), where they had any; But the People generally repos'd such trust and confidence in the ••ustice and Equity of their Prince, that his sole Will and Pleasure past ••or Law amongst them (c).

Secondly, in leading them to the Wars; where they did not only assist them by their good Conduct and management of Affairs, but ex∣pos'd their own Persons for the Safety and Honour of their Coun∣trey,

pressing forward into the thickest of their Enemies, and often encountering the most Valiant of them in single Combat. And this they thought a principal Part of their Duty, judging it but reasonable, that they who excell'd others in Honour, should surpass them too in Valour; and they that had the first places at all Feasts, and Publick Assemblies, should be the first also in undertaking Dangers, and ex∣posing themselves in the Defence of their Countrey; and thus the He∣roe in Homer argues the Case with one of his Fellow-Princes,

〈 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 〉 b

Glaucus, since us the Lycian Realms obey Like Gods, and all united Homage pay, Since we first seated have our Goblets Crown'd, Enjoy large Farms, near Xanthus streams, whose Ground Is fertil, and beset with shady Trees around; Ought we not in the Battel's Front t'engage, And quell our furious Foes with doubled Rage?

Mr. Abell.

Thirdly, the Performance of the Solemn Sacrifices, and the care of Di∣vine Worship was part of the King's Business. The Lacedaemonian Kings at their Coronation were consecrated Priests of Iupiter 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and executed that Office in their own Persons. No man can be ignorant of Virgil's Anius, who was both King and Priest,

Rex Anius, Rex idem hominum, Phoebique sacerdos.

We seldom meet with a Sacrifice in Homer, but some of the Heroes, and those the Chief of all then present, are concern'd in the performance of the Holy Ceremonies; and so far was it from being thought a Piece of Condescention, or any way below their Dignity and Grandeur, that they thought it an Accession to the rest of their Honours, and the In∣feriour Worshippers were no less carefull to reserve this piece of Ser∣vice for them, than they were to give them the most Honourable Places in the Banquets, which they refresh'd themselves with, after the Sacri∣fices were ended.

Let us now return to Cecrops, whom, as soon as he had establish'd himself in his new rais'd Kingdom, we shall find employ'd in laying the Model of a City, which he design'd for the Seat of his Government, and place of his constant Residence. And as the most commodious

place in his Dominions for this purpose, he pitch'd upon a Rock, strongly fortified by Nature against any Assaults, and situated in a large Plain near the middle of Attica, calling both the City, and the Territorie round it after his own Name, Cecropia. Afterwards, when the Athenians increas'd in Power and Number, and fill'd the adja∣cent Plains with Buildings, this was the Acropolis, or Cittadel.

Then for the better Administration of Justice, and the promotion of mutual Entercourse among his Subjects, he divided them into four Tribes, the Names of which were

• 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• 3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• 4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

And finding his Countrey pretty well stock'd with Inhabitans, part∣ly by the coming in of Forreigners, partly by the Concourse of People from every Corner and lurking-hole in Attica, where they had be∣fore lain, as it were, buried in Privacy, he instituted a Poll, caus∣ing every one of the Men to cast a Stone into a Place appointed by him ••or that purpose, and upon Computation he found them to be in number Twenty-Thousand, as the Scholiast upon Pindar reports out of Philochorus (a).

But the Soil being in its own Nature unfruitfull, and the People unskill'd in tilling and improving it to the best advantage, such mul∣titudes could not have fail'd of being reduc'd in a short Time to the greatest Extremities, had not Cecrops taught them the Art of Naviga∣tion, and thereby supply'd them with Corn from Sicily, and A∣frick (b).

Besides this, he was the Author of many excellent Laws and Con∣stitutions, especially touching Marriage, which according to his ap∣pointment was only to be celebrated betwixt one Man, and one Woman, whereas before promiscuous Mixtures had been allow'd of amongst them, as the Poet intimates,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c).

With curious Art Cadmus did Letters frame, The Law's Invention from Wise Solon came, But Cecrops glories in the Marriage tie Of the united Pair. —

Mr. Abell.

Nor did he only prescribe Rules for the Conduct of their Lives, with respect to one another, but was the first that introduc'd a Form of Religion, erected Altars in Honour of the Gods, and instructed his People in what manner they were to Worship them.

In the Reign of Pandion, the Fifth King of Athens, Triptolemus is said to have taught the Athenians how to sow, and manure the Ground; and to have enacted several useful and necessary Laws, three of which we find quoted by Porphyry out of Xenocrates (a);

• 1. Honour your Parents.
• 2. Make Oblations of your Fruits to the Gods.
• 3. Hurt not Living Creatures.

Cecrops the Second of that Name, and the Seventh King of Athens, divided his Dominions into twelve Cities, or large Burroughs, com∣pelling his Subjects to leave their separate Habitations, and Unite to∣gether for the replenishing of them (b). Their Names were these, as they are deliver'd by Strabo in his Description of Attica (c): Cecropia, Te∣trapolis, Exacria, Decelea, Eleusis, Aphidnae, Thoriccus, Brauron, Cy∣theris, Sphettus, Cephissia, and Phalerus. But Cecropia still continu'd the chief Seat of the Empire, tho' each of these Cities (they are the words of Sr. George Wheeler, who refers this Division to Cecrops the First, led thereunto by the Authority of Eusebius, and some others) had distinct Courts of Judicature, and Magistrates of their own; and were so little subject to their Princes, the Successours of Cecrops, that they seldom, or never, had recourse to them, save only in Cases of imminent and pub∣lick Danger; and did so absolutely order their own Concerns, that sometimes they wag'd War against each other, without the advice or consent of their Kings.

In this state continu'd Attica, till the Reign of Pandion the second of that Name, and eighth King of the Athenians, who was depriv'd of his Kingdom by his Cousins, the Sons of his Uncle Metion; who themselves did not long possess what they had thus unjustly gotten, being driven out of it by the more powerful Arms of Pandion's ••our Sons, viz. Aegeus, Lycus, Pallas, and Nisus. These having expell'd the Metionidae, divided the Kingdom amongst themselves, as Apollodo∣rus reports. But others are of Opinion, that Pandion himself being restor'd to the quiet possession of his Kingdom by the joynt Assistance of them all, by his last Will and Testament divided it into four Parts, bequeathing to each of them his Proportion; And tho' it is not agree'd amongst Ancient Writers, which Part fell to every Man's Lot; yet thus much is consented to on all Hands, that the Sovereignty of Athens was assign'd to Aegeus, for which he was extremeley envi'd by his Brethren; and so much the more, for that, as most think, he was not the begotten, but only adopted Son of Pandion; and for this reason it was (saith Plutarch) that Aegeus commanded Aethra, the Mo∣ther of Theseus, to send her Son, when arriv'd at Man's estate, from Troezen, the place where he was born, to Athens with all Secrecy, and to enjoyn him to conceal, as much as possible, his Journey from all Men, because he fear'd extremely the Pallantidae, who did conti∣nually mutiny against him, and despis'd him for his want of Children, they themselves being Fifty Brothers, all the Sons of Pallas. However,

as the same Author tells us, they were withheld from breaking out into open Rebellion, by the hopes and expectation of recovering the Kingdom, at least after Aegeus's Death, because he was without Issue; but as soon as Theseus appear'd, and was acknowledg'd rightfull Suc∣cessour to the Crown, highly resenting, that first Aegeus, Pandion's Son only by Adoption, and not at all related to the Family of Erectheus, and then Theseus, one of another Countrey, and a perfect stranger to their Nation, should obtain the Kingdom of their Ancestors, they broke out into open Acts of Hostility; but were soon overcome and dispers'd by the Courage and Conduct of Theseus.

Theseus having deliver'd the Countrey from intestine Seditions, pro∣ceeded in the next place to free it from Forreign Slavery. The Athe∣nians having Barbarously Murder'd Androgeus, the Son of Minos, King of Crete, were oblig'd by his Father to send a Novennial, or Sep∣tennial, or, as others, an Annual Tribute of seven young Men, and as many Virgins into Crete, where they were shut up within the La∣byrinth, and there wandred about, till, finding no possible means of ma∣king their Escape, they perish'd with Hunger, or else were devour'd by the Minotaur, a terrible Monster, compounded of the different shapes of Man, and Bull. The time of sending this Tribute being come, The∣seus put himself amongst the Youths that were doom'd to go to Crete, where having arriv'd, he receiv'd of Ariadne, the Daughter of King Minos, who had faln in Love with him, a Clew of thred, and being instructed by her in the use of it, which was to conduct him thro all the Windings of the Labyrinth, escap'd out of it, having first slain the Minotaur, and so return'd with his Fellow-Captives in Triumph to Athens.

In his return through an excess of Joy for the happy success of his Voyage, he forgot to hang out the white Sail, which should have been the token of their Safety to Aegeus, who sat expecting them upon the Top of a Rock, and as soon as their Ship came in View with a Black, and as it were, Mourning Sail, knowing nothing of their Success, threw himself headlong into the Sea, and so made way to Theseus's more early Succession to the Crown, than could otherwise have been ex∣pected. And to this time from the Reign of Cecrops the First, the Go∣vernment and State of Athens continu'd with little alteration.

CHAPTER III. Of the State of Athens, from Theseus to the Decen∣nial Archons.

THeseus being by the fore-mention'd Accident advanc'd to the Regal Scepter, soon found the inconvenience of having his People dispers'd in Villages, and canton'd up and down the Countrey. Therefore for the remedy of this Evil, he fram'd in

Mind (saith Plutarch) a vast and wonderful Design of gathering together all the Inhabitants of Attica into one Town, and making them one People of one City, that were before dispers'd, and very difficult to be assembl'd upon any Affair, tho' relating to the Common benefit of them all. Nay, often such Differences and Quarrels happen'd among them, as occasion'd Blood-shed and War; these he by his Perswasions appeas'd, and going from People to People, and from Tribe to Tribe, propos'd his Design of a Common agreement between them. Those of a more private and mean condition readily embracing so good advice, to those of greater Power, and Interest he promis'd a Common-wealth, wherein Monarchy being laid aside, the power should be in the People; and that, reserving to himself only to be continu'd the Commander of their Arms, and the Preserver of their Laws, there should be an equal distribution of all things else among them, and by this means brought most of them over to his Proposal. The rest fearing his Power which was already grown very formidable, and knowing his Courage and Re∣solution, chose rather to be perswaded, than forc'd into a Compliance.

He then dissolv'd all the distinct Courts of Justice, and Council-Halls, and Corporations, and built one common Prytaneum and Council-Hall, where it stands to this Day. And out of the old and new City he made one, which he nam'd Athens, ordaining a common Feast and Sacrifice to be for ever observ'd, which he call'd Panathenaea, or the Sacri∣fice of all the Vnited Athenians. He instituted also another Sacrifice, for the sake of Strangers that would come to fix at Athens, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is yet celebrated on the 16th day of Hecatombaeon. Then, as he had promis'd, he laid down his Kingly Power, and settled a Com∣mon-wealth, having entred upon this great Change, not without advice from the Gods. For sending to consult the Delphian Oracle, concerning the Fortune of his new Government and City, he receiv'd this Answer,

〈 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 〉.

Hear, Theseus, Pittheus Daughters's Son, Hear what Jove for thee has done. In the great City thou hast made, He has, as in a Store-house, laid The settl'd Periods and fix'd Fates, Of many Cities, mighty States. But know thou neither Fear, nor Pain, Sollicit not thy self in Vain. For like a Bladder that does bide The Fury of the angry Tide, Thou from high Waves unhurt shalt bound, A••ways tost, but never drown'd.

(Mr. Duke.)

Which Oracle, they say, one of the Sibyls a long time after, did in a man∣ner repeat to the Athenians in this Verse,

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

Thou, like a Bladder, may'st be wet, but never drown'd.

Farther yet designing to enlarge his City, he invited all Strangers to come and enjoy equal Privileges with the Natives, and some are of opinion, that the Common form of Proclamation in Athens, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Come hither all ye People, were the words that Theseus caus'd to be proclaim'd, when he thus set up a Common-wealth, con∣sisting in a manner of all Nations.

For all this, he suffer'd not his State by the promiscuous multitude that flow'd in, to be turn'd into Confusion and Anarchy, and left without any Order or Degrees, but was the first that divided the Com∣mon-wealth into three distinct Ranks, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. e. Noblemen, Husbandmen, and Artificers. To the Nobility he committed the choice of Magistrates, the teaching and dispensing of the Laws, and the interpretation of all Holy and Religious things; the whole City, as to all other matters, being as it were reduc'd to an Equa∣lity, the Nobles excelling the rest in Honour, the Husbandmen in Pro∣sit, and the Artificers in Number. And Theseus was the first, who, as Aristotle says, out of an inclination to Popular Government, parted with the Regal Power, and which Homer also seems to intimate in his Catalogue of the Ships, where he gives the Name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or People, to the Athenians only.

In this manner Theseus settl'd the Athenian Government, and it continu'd in the same State till the Death of Codrus the seventeenth, and last King, a Prince more renown'd for his Bravery, than For∣tune. For Attica (a) being invaded by the Dorians, or Spartans, or Peloponnesians, or, as some will have it, by the Thracians, the Oracle was consulted about it, and answer made, that the Invaders should have Success, if they did not kill the Athenian King; Codrus having heard this, and preferring his Countrie's Safety before his own Life, disguis'd himself in the Habit of a Peasant, and went to a place not far from the Enemies Camp, where picking a quarrel with some of them, he ob∣tain'd the Death which he so much desir'd. The Athenians being ad∣vertis'd of what had happen'd, sent an Herald to the Enemy to demand the Body of their King, whereupon they were so much dishearten'd, that they immediately broke up their Camp, and left off their Enterprize without striking another blow.

The Athenians, out of reverence to Codrus's memory, would never more have any Governour by the Name or Title of King, but were Govern'd by Archontes, whom they allow'd indeed to continue in their Dignity as long as they liv'd, and when they di'd, to leave it to their Children, and therefore most Writers reckon them rather amongst the Kings, than the Archontes that succeeded them, who were permitted to

Rule only for a certain time; yet they differ'd from the Kings in this, that they were in a manner subject to the People, being oblig'd to render an account of their management, when it should be demanded. The first of these was Medon, the Eldest Son of Codrus, from whom the thirteen following Archontes were Sirnam'd Medontidae, as being descended from him; During their Government the Athenian State suffer'd no conside∣rable alteration, but was carried on with so great ease, and quietness, that scarce any mention is made of any memorable Action done by any of them, and the very Names of some of them are almost quite for∣gotten.

Thus have I endeavoured to give you a short Account of the Athenian State, whilst it was Govern'd by Kings, who were in all thirty, and Rul'd Athens by the space of seven-hundred-ninety-four Years, as the Learned Meursius has computed them, to which if you add the two and thirty Years of Ogyge••, and the intervall of an hundred and ninety Years, in which no Foot-steps of any Government are to be found, the number will amount to one thousand and twelve Years.

A Catalogue of the Athenian Kings.

 

Years.

Ogyges

XXXII.

Interregnum

CXC.

Cecrops I.

L.

Cranaus

IX.

Amphictyon

X.

Ericthonius

L.

Pandion I.

XL.

Erectheus

L.

Cecrops II.

XL.

Pandion II.

XXV.

Aegeus

XLVIII.

Theseus

XXX.

Menestheus

XXIII.

Demophoon

XXXIII.

Oxyntes

XII.

Aphidas

I.

Thymoetes

VIII.

Melanthius

XXXVII.

Codrus

XXI

Medon

XX.

Acastus

XXXVI.

Archippus

XIX.

Thersippus

XLI.

Phorbas

XXX.

Megacles

XXVIII.

Diognetus

XXV.

Pherecles

XIX.

Ariphron

XX.

Thespieus

XXVII.

Agamestor

XVII.

Aeschylus

XXIII.

Alcmaeon

II.

CHAPTER IV. Of the State of Athens, from the Decennial Archons to Philip of Macedon.

THE People of Athens continually got Ground of their Supe∣riors, gaining something by every alteration that was made in the State, till at length by little and little the whole Govern∣ment

came into the hands of the Commonalty. Theseus and Medon made considerable abatements in their Power, but what remain'd of it, they kept in their own hands as long as they liv'd, and preserv'd the Succession entire to their Posterity. But in the first Year of the seventh Olympiad, both the Power, and Succession was devolv'd upon the People, who the better to curb the Pride, and restrain the Power of their Archons, continu'd them in their Government only for ten Years, and the first that was Created in this manner, was Charops, the Son of Aeschylus. But they would not rest contented here, for about seventy Years after, that the Archons might be wholly dependent on the Citi∣zen's favour; it was agreed that their Authority should but last for one Year, at the End of which they were to give an Account of their Ad∣ministration, and the first of these was Cleon, who entred upon his Charge in the third Year of the twenty-fourth Olympiad (a).

In the thirty-ninth Olympiad Draco was Archon, and was the Au∣thor of many new Laws, in which there is very little worth our Notice, only that they were very Cruel and Inhumane, punishing almost every Trivial Offence with Death. Insomuch that those that were convicted of Idleness were to Die, and those that Stole a Cabbage, or an Apple, to suffer as the Villains that committed Sacrilege, or Murder; and therefore Demades is remark'd for saying that Draco's Laws were not written with Ink, but Blood: and he himself being ask'd, Why he made Death the punishment of most Offences, reply'd, Small Crimes deserve that, and I have no higher for the greatest.

But all these, that only excepted which concern'd Murder, were re∣peal'd in the third Year of the forty-sixth Olympiad, in which Solon being Archon, was intrusted with the Power of new Modelling the Com∣mon-wealth, and making Laws for it. They gave him Power over all their Magistrates, (says Plutarch,) their Assemblies, Courts, Senates; that he should appoint the Number, Times of meeting, and what Estate they should have that could be capable of being admitted to them, and to dissolve or continue any of the present Constitutions, according to his Judgment and Discretion (b).

Solon finding the People variously affected, some inclin'd to a Mo∣narchy, others to an Oligarchy, others to a Democracy, the Rich men Powerful and Haughty, the Poor Groaning under the burden of their Oppression, endeavour'd as far as was possible to compose all their Differences, to ease their Grievances, and give all reasonable Per∣sons satisfaction. In the Prosecution of this design he divided the A∣thenians into four Ranks, according to every Man's Estate; Those who were worth five hundred Medimns of liquid and dry Commodities he plac'd in the first Rank, calling them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The next were the Horsmen, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being such as were of Ability to furnish out a Horse, or were worth three hundred Medimns. The third Class consisted of those that had two hundred Medimns, which were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In the last he plac'd all the rest, calling them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,

and allow'd them not to be capable of bearing any Office in the Go∣vernment, only gave them Liberty to give their Votes in all publick As∣semblies, which, tho' at the first it appear'd inconsiderable, was after∣wards found to be a very important Privilege, for it being permitted any Man after the determination of the Magistrates to make an appeal to the People assembl'd in Convocation, hereby it came to pass, that Cau∣ses of the greatest weight and moment were brought before them. And thus he continu'd the Power and Magistracy in the hands of the Rich Men, and yet neither expos'd the inferiour People to their Cruelty and Oppression, nor wholly depriv'd them of having a share in the Govern∣ment. And of this Equality he himself makes mention in this manner,

〈 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 〉.

What Power was fit I did on all bestow, Nor rais'd the Poor too high, nor Press'd too low; The Rich that Rul'd, and every Office bore Confin'd by Laws they could not Press the Poor: Both Parties I secur'd from Lawless might, So none prevail'd upon another's Right.

(Mr. Creech.)

Not many Years after, the City being divided into Factions, Pisistratus by a Stratagem seiz'd upon the Government: for having on set purpose Wounded himself, he was brought into the Market-Place in a Chair, where he expos'd his Wounds to the People, assuring them that he had been so dealt with by the adverse Party for his affection to their Govern∣ment. The unthinking Multitude were easily drawn by so specious a pretence into a compassion of his Misfortunes, and rage against his Ene∣mies; and upon the motion of one Ariston, granted him fifty Men arm'd with Clubs to Guard his Person. The decree being past, Pisistra∣tus listed the number of Men that were allow'd him, and besides them as many more as he pleas'd, no Man observing what he was a doing, till at length in requital of the Citie's kindness and Care of him, he seiz'd the Cittadel, and depriv'd them of their Liberty. After this Pisi∣stratus liv'd thirty Years, seventeen of which he was in possession of the Government of Athens; but the State continu'd all that time unset∣tl'd, and in continual motions, the City-Party sometimes prevailing against him and expelling him, sometimes again being worsted by him, and forc'd to let him return in Triumph.

He was succeeded by his Sons Hipparchus and Hippias, whom Hera∣clides calls Thessalus; the former of which was Slain by Aristogiton, and the latter about three or four Years after compell'd by Clisthenes, who call'd to his assistance the banish'd Alcmaeonidae, and the Lacedaemonians, to relinquish his Government, and secure himself by a dishonourable

Flight. Being thus banish'd his Countrey, he Fled into Persia, where he liv'd many Years, perswading Darius to the Enterprize upon Athens, which at length to his eternal Shame and Dishonour he undertook. For levying a numerous Host of Men he entred the Athenian Territories, where both he, and his whole Army were totally Defeated, by an incon∣siberable number of Men, under the Conduct of Miltiades in that Famous Battel of Marathon. This Victory was obtain'd twenty Years after Hippias's Expulsion. And thus the Athenians recover'd their Laws and Liberties, about sixty-eight Years after they had been depriv'd of them by Pisistratus.

After this Success, they continued in a Flourishing condition, for three and thirty Years, but then the Scene chang'd, and reduc'd them almost to the lowest Ebb of Fortune. Xerxes in revenge of his Prede∣cessor's Defeat, invaded their Territories with an Army, (as some say,) of seventeen-hundred-thousand Men, and forc'd them to quit their City, and leave it a prey to the insulting Barbarians, who took it with∣out any considerable resistance, and laid it in Ashes; and in the Year following his Lieutenant Mardonius in imitation of his Master's example, burn'd it a second Time. But these Storms were soon blown over by the Wisdom and Courage of Themistocles and Aristides, who totally Defeated the Persian Fleet at Salamis, and seconded that Victory by another of no less importance over Mardonius at Plateae, whereby the Barbarians were quite driven out of Greece, and Athens restor'd to her Ancient Govern∣ment, arising out of her Ruins, more Bright and Glorious then ever she had been before.

But the State suffer'd some alterations, for first, Aristides, a Person (as Plutarch assures us) of a mean Extraction, and meaner Fortune, being in consideration of his eminent Virtues, and signal Services to the Common-wealth, preferr'd to the Dignity of an Archon, repeal'd Solon's Law, by which the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or lowest Order of People, were made incapa∣ble of bearing any Office in the Government. And after him Pericles ha∣ving lessen'd the Power of the Areopagites, brought in a confus'd Ochlocra∣cie, whereby the Populace, and basest of the Rabble obtain'd as great a share in the Government, as Persons of the Highest Birth and Quality.

Notwithstanding these Alterations at Home, all things were carri'd on with great Success abroad: the Athenians by the help of their Fleet, on which they laid out their whole strength, when Xerxes forc'd them to quitt their City, became sole Lords of the Sea, and made themselves Ma∣sters of the greatest Part of the Aegaean Ilands; And having either forc'd the rest of the Grecians into Subjection, or aw'd them into a Confederacy, went on Conquerors to the Borders of Aegypt, and had (as Aristophanes reports) a thousand Cities under their Dominions.

But afterwards things Succeeding ill in Sicily, under the Command of Nicias, and some other troubles arising in the Common-wealth, the Principal Men of Athens (says Sr. Walter Raleigh) being wearied with the Peoples insolency, took this opportunity to change the form of Government, and bring the Sovereignty into the hands of a few. To which purpose conspiring with the Captains that were abroad, they caus'd them to set up an Aristocracie in the Towns of their Confederates;

and in the mean time, some, that were most likely to oppose this Innova∣tion, being Slain at Athens, the Commonalty were so dismay'd that none durst open his Mouth against the Conspirators, whose Number they knew not; but every Man was afraid of his Neighbour, least he should have a hand in the Plot. In this general Consternation, the Go∣vernment of Athens was usurped by Four-hundred, who preserving in shew the Ancient form of Proceeding, caus'd all matters to be propound∣ed to the People, and concluded upon by the greater part of the Voices; but the things propounded were only such, as had been first agree'd upon among themselves; neither had the Commonalty any other Liberty, than only that of approving and giving consent; for whosoever pre∣sum'd to take upon him any farther, was quickly dispatch'd out of the way, and no enquiry made after the Murderers. By these means were many Decrees made, all tending to the Establishment of this new Authority, which nevertheless endur'd not long; for the Fleet, and Army, which was then at the Isle of Samos, altogether detesting these Tyrannical Pro∣ceedings of the four-hundred Usurpers, recall'd Alcibiades from his Ba∣nishment; and partly out of fear of him, and partly because they found the Citizens incens'd against them, the Tyrants Voluntarily resigned their Authority, and went into Banishment.

Yet was not this alteration of Government a full restitution of the So∣vereign Command to the People, or whole Body of the City, but only to Five-thousand, which the Four-hundred (when their Authority began) had pretended to take to them as Assistants in the Government; herein seeming to do little or no wrong to the Commonalty, who seldom as∣sembled in a greater Number; and therefore no Decrees were pass'd in the Name of the Four-hundred, but all was said to be done by the Five-thou∣sand; and the Usurpers were called (says (a) Plato) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, five-thousand, tho' they did not exceed four-hundred. But now when the Power was come indeed into the hands of so many, it was soon agree'd that Alcibiades and his Friends should be recall'd from Exile by the Citizens, as they had before been by the Soldiers; and that the Army at Samos should be requested to undertake the Government, which was forthwith reform'd according to the Soldiers desire.

This establishment of Affairs at home was immediately seconded with good Success from abroad, for by the help of Alcibiades they in a short time obtain'd several very important Victories; but the giddy Mul••itude being soon after incens'd against him, he was Banish'd a second time (b). His Absence had always before been fatal to the Athenians, but never so much so, as at this time; for their Navy at Aegos-Potamos through the care∣lesness of the Commanders, was betray'd into the hands of Lysander, the Lacedaemonian Admiral, who took and sunk almost the whole Fleet, so that of two, or three-hundred Sail of Ships there escap'd not above eight.

After this Victory, Lysander joyning his own Forces with those of A∣gis and Pausanias, Kings of Sparta, march'd directly to Athens, which

was surrendred to them upon Terms, whereby the Athenians oblig'd them∣selves to pull down the Long-Walls, by which the City was joyn'd to the Piraeeus, or Haven, and deliver up all their Naval Forces, only ten, or as some say, twelve Ships excepted. Nay there was a Consultation held whether the City should be utterly destroy'd, and the Lands about it laid wast; and Agis had carried it in the affirmative, had not Lysander op∣pos'd him, urging, That one of the Eyes of Greece ought not to be pluck'd out. However he forc'd them to alter their form of Government, and change their Democracy into an Oligarchie, a State ever affected by the Lacedaemonians.

In compliance therefore with the Commands of their Conquerors, the People of Athens chose Thirty Governours, commonly call'd Thirty Tyrants, the Names of which you may see in Xenophon. These (saith an Author above mentioned) were chosen with a design to compile a Bodie of their Laws, and make a Collection of such Ancient Statutes, as were fittest to be put in Practice in that juncture of Affairs, which were called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or New Laws. And to this Charge was annexed the supreme Authority, and the whole Government of the City entrusted in their hands. At the first they seem'd to proceed with some shew of Justice, and apprehending such troublesom Fellows, as were odious to the City, but could not be taken hold of by the Laws, condemn'd them to Death. But having afterwards obtain'd a Guard from the Spartans, to secure the City, as was pretended, to their Obedience, they soon discover'd what they had been aiming at; for they sought no more after Base and Detested Persons, but invaded the Leading and Principal Men of the City, send∣ing Arm'd Men from House to House, to dispatch such as were like to make any Head against their Government. And to add the greater strength to their Party, and Colour to their Proceedings, they selected three-thousand of such Citizens, as they thought fittest for their pur∣pose, and gave them some part of the publick Authority, disarming all the rest. Being confirm'd with this accession of Strength, they pro∣ceeded in their Bloody designs with more Heat and Vigour than before, putting to Death all that were possessed of Estates, without any form of Justice, or so much as any the least Pique or Grudge against them, only that their Riches might fall into their hands. Nay, so far were they transported with Cruelty, and Covetousness, that they agree'd that every one of them should name his Man, upon whose Goods he should seize, by putting the owner to Death, and when Theramenes, one of their own Number profess'd his detestation of so Horrid a Design, they condemn'd him forthwith, and compelled him to drink Poison. This Theramenes was at the first a mighty stickler for the Tyrants Authority, b••t when they began to abuse it in the defence of such outragious Practises, no Man more violently oppos'd it than he, and this got him the Nick-name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Jack of both-sides, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from Cothurnus, which was a kind of a Shoe that fitted both Feet.

At length the Athenians to the number of seventy, that had Fled to Thebes, going voluntarily into Banishment to secure themselves from the

Tyrants, entred into a Conspiracy against them, and under ••he Conduct of Thrasybulus seiz'd upon Phyl••, a strong Castle in the Territory of A∣thens, and encreasing their Strength and Numbers by little and little, so far prevail'd against them, that they were forc'd to retire to Sparta, and then all their Laws were repeal'd, and the upstart Form of Government utterly dissolv'd. And thus the Athenians regain'd their Liberty, and were re-established in the Peaceable enjoyment of their Lands and For∣tunes in the fourth Year of the ninety-fourth Olympiad. And to prevent all future Jealousies and Quarrels amongst themselves, they proclaim'd an 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Act of Oblivion, whereby all, that had been concern'd in the Outrages and Barbarities committed during the Sovereignty of the Tyrants, were admitted to Pardon.

Thrasybulus having thus free'd his Countrey from the heavy Yoke of the Lacedaemonians, Conon established it in all it's Ancient Privileges and Im∣munities, by another signal Victory at Cnidus, wherein he gave a total Defeat to the Lacedaemonian Fleet. And having by this means regain'd the Sovereingty of the Seas, they began again to take Courage, and aim'd now at nothing less than the restauration of Athens to her An∣cient Glory: and Fortune was not wanting in some measure to fur∣ther their great Design; for they not only reduc'd the Ile of Lesbos, Byzantium, Chalcedon, and other Places thereabouts to their former Obe∣dience, but rais'd Athens once more to be the most Potent, and the Prin∣cipal City in all Greece.

In this State they continued for some Years till the Thebans, who had been rais'd from one of the most inconsiderable States in Greece to great Power, by the wise Conduct and great Courage of Epaminondas, put a stop to her Grandeur, and disputed the Sovereingty with her; but this Contest was soon decided by the hasty Death of Epaminondas, at the Famous Battel of Mantinea, that put an End to the Theban Great∣ness, which as it was rais'd, and maintain'd, so it likewise perish'd with that great Man. So great alterations are the Wisdom and Courage of one Man able to effect in the Affairs of whole Kingdoms.

The Death of Epaminondas prov'd no less fatal to the Athenians than the Thebans, for now there being none whose Virtues they could emulate, or whose Power they could fear, they Lorded it without a Rival, and be∣ing glutted with too much Prosperity, gave themselves over to Idleness and Luxury; they slighted the Virtue of their Ancestors; their hard and thrifty way of Living they laugh'd at; the publick Revenues that used to be employ'd in paying the Fleets and Armies, they expended upon Games and Sports, and lavishly profused them in Sumptuous prepara∣tions for Festivals, they took greater pleasure in going to the Theater, and hearing the insipid jests of a Comoedian, than in manly Exercises, and Feats of War, and preferred a Mimick, or a Stage-Player, before the most Valiant and experienc'd Captain; Nay, they were so besotted with their pleasures, that they made it Capital for any Man to propose the re-establishing of their Army, or converting the publick Revenues to the maintenance of it, as Libanius observes (a).

This sottish and degenerate Disposition of theirs, and the rest of the Greeks, who were also drown'd in the same security, gave Opportunity and Leisure to Philip, who had been educated under the Discipline of Epaminondas, and Pelopidas; to raise the Macedonians from a mean, ob∣scure, and underling condition to the Empire of all Greece, and Asia; as Iustin hath observ'd (a). And this design was projected and begun by Philip, but atchiev'd, and perfected by his Son, Alexander the Great.

CHAPTER V. Of the State of Athens, from Philip of Macedon to it's delivery by the Romans.

THE A••henians, and the rest of the Grecians, made some resistance against the Victorious Arms of Philip, but were overthrown in a pitch'd Battle at Chaeronea, in the third Year of the CXth. Olym∣piad. This Defeat put an End to the Grecian Glory, and in a great mea∣sure to their Liberty, which for so many Ages, and against the most puissant Monarchs they had preserv'd entire till that time, but were ne∣ver again able to recover it. However Philip, to the end he might be declar'd Captain General of Greece, against the Persians without any further trouble, and strengthen his Army by the accession of their For∣ces, was content to forbear any farther attempt upon the Athenians, and permit them to e••joy a shew of Liberty.

No sooner was Philip dead, than they revolted, and endeavour'd to free themselves from the Macedonian Yoke, but were easily brought into Subjection by Alexander, and as easily obtain'd pardon of him, being then very eager of invading Persia, and unwilling to be diverted by taking Revenge upon those petty States, from a more Noble and Glo∣rious Enterprize. And during his Life they continu'd quiet, not da∣ring to move so much as their Tongues against him. Only towards the latter end of his Reign, when he was busi'd in the Wars with remote Countries, and not at leisure to take notice of every little Opposition, they refus'd to entertain the banish'd Persons, which Alexander had commanded should be restor'd in all the Cities of Greece. However they durst not break out into open Rebellion; but gave secret orders to Leosthenes, one of their Captains, to levy an Army in his own Name, and be ready whenever they should have occasion for him: Leosthenes obey'd their commands, and as soon as certain News was brought, that Alexander was dead in Persia, being joyn'd by some others of the Gre∣cian States, proclaim'd open War against the Macedonians, in defence of the Liberty of Greece. But being in the end totally defeated by Anti∣pater, they were forc'd to entertain a Garrison in Munychia, and sub∣mit to what condition the Conquerour pleas'd to impose upon them.

He therefore chang'd their form of Government, and instituted an Oli∣garchie, depriving all those, that were not worth two thousand Drachms, of the right of Suffrage, and ••he better to keep them quiet, all mutinous, and disaffected Persons he transplanted into Thrace. And by this means the supreme Power came into the hands of about nine thousand.

About four Years after, Antipater died, and the City fell into the hands of Cassander, who succeeded in the Kingdom of Macedon. From him they made many attempts to free themselves, and regain their beloved Democracy, but were in the end forc'd to submit themselves, in the third Year of the hundred and fifteenth Olympiad, and accept of the same Garrison that Antipater had impos'd upon them, to live un∣der the same form of Government, and obey any Person that the Con∣querour should nominate to the Supreme Power in it. The man ap∣pointed to be their Governour was Demetrius the Phalerean, who, as (a) Diogenes Laërtius reports, was of the Family of Conon, and studied Philosophy under Teophrastus. He us'd them with all possible kind∣ness and moderation, enlarg'd their Revenues, beautified their City with magnificent Structures, and restor'd it almost to it's former Lustre; and they in requital of these Favours, bestow'd on him all the Ho∣nours, that in so poor a condition they were able to give, erecting to him three hundred Statues, according to the number of Days in the Attick Year, most of which were on Horse-back (b). But all this was the effect of Flattery and Dissimulation, rather then any real Respect to him, all his Moderation, all the Benefits he had conferr'd on them, could not beget in them any sincere Affection for him; they still hated him, tho' they had no other reason for it, than that he was set over them by Cassander; and tho' their Power was gone, yet their Spirits were still too high, to brook any thing that savour'd of Tyranny. And this in a few Years was made manifest, for when Demetrius Poliorcetes, the Son of Antigonus, took up Arms, as was pretended, in defence of the Li∣berty of Greece, they receiv'd him with loud Acclamations, and all possible expressions of Joy, compell'd the Phalerean to secure himself by Flight, in his absence condemn'd him to dye, and laid in wait to apprehend him, and bring him to Execution, and when they could not compass his Person, vented their Rage and Malice upon his Statues, which they pull'd down with the greatest Detestation and Ab∣horrence, breaking some to pieces, selling others, and drowning others, so that of three-hundred there was none left remaining, except only one in the Cittadel, as the foremention'd Author hath reported.

Demetrius Poliorcetes having gotten possession of the City, restor'd to the Athenians their Popular Government, bestow'd upon them fifteen-thousand Measures of Wheat, and such a Quantity of Timber as would enable them to build an hundred Gallies, for the defence of their City, and left them in full possession of their Liberty, without any Garrison to keep them in obedience. But so transported were the Athenians with this Deliverance, that with a wild and extravagant Gratitude,

they bestow'd upon Demetrius and Antigonus, not only the Title of Kings, tho' that was a Name they had hitherto declin'd, but call'd them their Tutelar Deities and Deliverers; they instituted Priests to them, en∣acted a Law that the Ambassadours, which they should send to them, should have the same Stile and Character, with those which were accu∣stom'd to be sent to Delphi, to consult the Oracle of the Pythian A∣pollo, or to Elis to the Olympian Iupiter, to perform the Grecian Solemni∣ties, and make Oblations for the Safety and preservation of their City, whom they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. They appointed lodgings for Demetrius in the Temple of Minerva, and erected and consecrated an Altar in the place where he first alighted from his Chariot, calling it the Altar of Demetrius the Alighter, and added infinite other instances of most gross and fordid Flattery, of which Plutarch (a), and others give us a large account; for (says a learned modern Author) the Athenians having forgotten how to employ their hands, made up that defect with their Tongues; converting to base Flattery that Eloquence, which the Vir∣tues of their Ancestors had suited unto more manly Arguments.

Bu•• afterwards when Demetrius's Fortune began to decline, he was no longer their God, or their Deliverer, but in requital of all his former Kindnesses, they basely deserted him, deny'd him Entrance into their City, and by a Popular Edict made it Death for any person so much as to propose a Treaty or Accommodation with him. Then the City being embroil'd in civil Dissentions, one Lachares took this opportunity, to set himself up as an Usurper over it, but upon the approach of Deme∣trius, was forc'd to quit his new-usurped Authority, and preserve him∣self by a timely Flight.

Thus they were a second time in the possession of Demetrius, who notwithstanding their former shameful Ingratitude receiv'd them again into Favour, bestow'd upon them an hundred-thousand Bushels of Wheat, and to Ingratiate himself the more with them, advanc'd such persons to publick Offices, as he knew to be most acceptable to the Peo∣ple. This unexpected Generosity transported them so far beyond them∣selves, that at the motion of Dromoclides an Orator, it was decree'd by the unanimous suffrage of the People, that the Haven of Piraeeus, and the Castle of Munychia should be put into the hands of Demetrius, to dispose of them as he pleas'd. And he having learn'd by their former in∣constancy not to repose too much trust in such humble Servants, put strong Garrisons into those two places, and by his own Authority plac'd a third in the Museum, to the end (saith Plutarch) that those People, who had shew'd so much Levity in their Dispositions, might be kept in subjection, and not by their future Perfidies be able to divert him from the prosecution of other Enterprizes.

But all this care was not sufficient to keep a People restless, and im∣patient of any thing that savour'd of Servitude in Obedience, for De∣metrius's Power being again diminish'd by divers bad Successes, they made another revolt, expell'd his Garrison, and proclaim'd Liberty

to all Athenians; and to do him the greater Disgrace, they displac'd Diphilus, who was that Year the Priest of the two Tutelar Deities, that is, Antigonus and Demetrius, and by an Edict of the People restor'd the Priest-hood to it's Ancient Form. Again Demetrius having recover'd himself a little, and being justly enrag'd against them for their repeated Perfidies, laid close Siege to the City, but by the perswasion of Crate∣rus the Philosopher was wrought upon to quitt it, and leave them once more in possession of their Freedom.

Some time after this, Demetrius died, and was succeeded by Antigonus Gonatas, who again recover'd Athens, put a Garrison into it, and left it in the hands of his Successour: but upon the Death of Demetrius, the Son of Gonatas, the Athenians made another ••••tempt to regain their Liberty, and call'd in Aratus to their assistance, who tho' he had been signally affronted by them, and lain a long time bed-rid of an Infirmi∣ty, yet rather than fail the City in a time of need, was carried thither in a Litter, and prevail'd with Diogenes the Governour, to deliver up the Piraeeus, Munychia, Salamis, and Sunium to the Athenians, in con∣sideration of an hundred and fifty Talents, whereof Aratus himself gave twenty to the City. And of all these Changes and Successes we have a large account in Pausanias, Plutarch, and Diodorus.

Not long after this re-establishment, they quarrel'd with Philip, King of Macedon, who reduc'd them to great Extremities, laid waste their Countrey, pull'd down all the Temples in the Villages around Athens, destroy'd all their stately Edifices, and caus'd his Soldiers to break in pieces the very Stones, that they might not be serviceable in the re∣paration of them, all which Losses with a great many aggravations are elegantly set forth in an Oration of the Athenian Embassadours to the Aetolians, in Livie (a). But the Romans coming to their Assistance, Phi∣lip was forc'd to forsake his Enterprize, and being afterwards entirely defeated, left the Grecians in a full possession of their Liberty, which, at least some part of it, they enjoy'd many Years, under the Roma•• Protection.

CHAPTER VI. Of the State of Athens, from it's Confederacy with Rome to Constantine the Great.

THE Grecians, and others that put themselves under the Roman Protection, tho' they gilded their condition with the specious Name of Liberty, yet were no farther free, than it pleas'd those in whose Power they were; they were govern'd indeed by their own Laws, and had the Privilege of electing their own Magistrates; yet their Laws were of small force, if they seem'd any way to oppose the Roman Interest

and good Pleasure; and in the election of Magistrates, and ordering publick Affairs, tho' every man might give his Voice which way he pleas'd, yet if he thwarted the Roman designs, or was cold in his Affe∣ction to them, or (which ••as all one) but warm in the Defence of the Liberties and Privileges of his Country, he was look'd upon with a jealous Eye, as a Favourer of Rebellion, and an Enemy to the Romans.

And for no other reason were a thousand of the most eminent A∣chaeans, without any charge, or so much as suspicion of Treachery, sent Prisoners to Rome, where, notwithstanding all the Testimonies of their Innocence, and the Sollicitations of their Country, which never ceas'd to importune the Senate for their Liberty, they endur'd an im∣prisonment of seventeen Years; which being expired, to the number of thirty of them were releas'd, amongst whom was Polybius, from whose impartial History you may have an account of all these proceed∣ings, which their own Historians endeavour to palliate, tho' they cannot denie them; all the rest either died in Prison, or upon attempt∣ing to make their Escape, suffer'd as Malefactours.

And by these and such like means, whilst some sought by Flattery and Compliance to ingratiate themselves into the Favour of the Romans, others out of Fear and Cowardice resolv'd to swim with the Stream, and those few that had Courage and Resolution to appear for their Coun∣trey were little regarded; every thing was carried on according to the Desire of the Romans; and if any thing happen'd contrary to it, their Agents presently made an Appeal to the Senate, which reserv'd to them∣selves a Power of receiving ••uch like complaints, and determining as they thought convenient, and they that would not submit to this Decision, were proceeded against as Enemies, and forc'd by Power of Arms into Obedience. No War was to be begun, no Peace to be concluded, nor scarce their own Countrey to be defended without the advice and con∣sent of the Senate; They were oblig'd to pay what Taxes the Senate thought fit to impose upon them; Nay, the Roman Officers sometimes took the liberty of raising Contributions of their own accord, and tho' in the Macedonian War, upon several just complaints made against them, the Senate was forc'd to put forth a Decree, that no Graecian should be oblig'd to pay any Contribution, besides such as was levyed by their Order; yet if any man refus'd to answer the Demands of any Roman Of∣ficer, he was look'd upon as an encourager of Sedition, and in the End far'd little better, than those that broke out into open Rebellion.

In this State stood the Affairs of the Athenians under the Roman Go∣vernment, and whether in consideration of the easiness of this Yoke, if compar'd with that which the Macedonians impos'd on them; or thro' meaness of Spirit contracted by being long accustom'd to Mis∣fortunes; or for want of Power to assert their Liberty; or for all these reasons, they patiently submitted themselves, seeming well satis∣fied with the enjoyment of this slavish Freedom, which in a few Ages before, they would have rejected with the greatest Indignation, and endeavour'd to deliver themselves from it, tho' their Lives, and the

remainder of their Fortunes should have been hazarded in the Enter∣prize.

And from this time till the War with Mithridates, they continu'd with∣out any remarkable alterations, but either by the perswasions of Ariston the Philosopher, or out of fear of Mithridates's Army, they had the bad Fortune to take his part, and receive Archestratus, one of his Lieutenants, within their Walls; at which Sylla being enrag'd laid Siege to the City, took it, and committed so merciless a slaughter, that the very Channels in the Streets flow'd with Blood. At this time the Piraecus, and Muny∣chia, were burn'd to the Ground, their Walls demolish'd, their Ancient Monuments destroy'd, and the whole City so defac'd, that it was never able to recover it's former Beauty, till the time of Adrian (a).

This Storm being blown over, they liv'd in Peace till the time of the Civil War between Caesar and Pompey, in which they sided with Pom∣pey, and were closely Besieg'd by Q. Fufius Calenus, Caesar's Lieutenant, who spoil'd and destroy'd all the adjacent Countrey, and seiz'd upon the Piraeeus, being at that time unfortified, and a place of little strength: But news being brought that Pompey was totally routed, they yielded themselves into the hands of the Conquerour, who according to his wonted Generosity receiv'd them into Favour, and this he did out of respect to the Glory and Virtue of their Ancestors, giving out, That he pardon'd the Living for the sake of the Dead, as Dion Cassiu•• reports (b).

But it seems they still retain'd some sparks, at least, of their old Love for Popular Government, for when Caesar was dead, they joyn'd them∣selves to Bru••us and Cassius, his Murderers, and besides other Honours done to them, plac'd their Statues next those of Harmodius and Aristo∣giton, two famous Patriots, that defended the Liberty of their Coun∣trey against the Tyranny of Pisistratus's Sons.

Brutus and Cassius being defeated, they went over to Antony, who behav'd himself very obligingly toward them, and the rest of the Gre∣cians, being fond (saith (c) Plutarch) of being stil'd a Lover of Greece, but above all in being call'd a Lover of Athens, to which City he made con∣siderable Presents; and, as others tell us, gave the Athenians the Do∣minion of the Ilands of Tenus, Aegina, Icus, Cea, Sciatlius, and Pepa∣rethus.

Augustus having overcome Antony, handled them a little more se∣verely for their ingratitude to his Father, and besides some other Privi∣leges, as that of Selling the Freedom of the City, took from them the Isle of Aegina (d). Towards the latter End of his Reign, they began to revolt, but were easily reduc'd to their former obedience; and not∣withstanding all the Cruelties, Ravages, and other Misfortunes they had suffer'd, Strabo, who flourish'd in the Reign of Tiberius Caesar, tells us they enjoy'd many Privileges, retain'd their Ancient form of Go∣vernment, and liv'd in a flourishing Condition in his Days (e). And

Germanicus, the adopted Son of Tiberius, making a Journey that way, Honour'd them with the Privilege of having a Lictor, which was an Officer, that attended upon the chief Magistrates at Rome, and was accounted a mark of Sovereign Power.

In this condition they remain'd with little alteration till the Reign of Vespasian, who reduc'd Aitica, and all Achaia to be a Roman Pro∣vince, exacting Tribute of them, and compelling them to be govern'd by the Roman Laws.

Under Nerva some Shadow, at least, of Liberty was restor'd them, but they were still under the Government of a Proconsul, and receiv'd most of their Laws from the Emperour, who also nominated the Profes∣sours in their publick Schools, and appointed them Archons; and hence it came to pass, that Adrian before his advancement to the Em∣pire, was invested in that Office. In the same State they continu'd in Trajan's time, as appears from an Epistle of Pliny to Maximus, who was sent to Govern Achaia, wherein he advis'd him to use his Power with moderation, and tells him in particular of the Athenians, that it would be a Barbarous piece of Inhumanity, to deprive them of that Shadow, and Name of Liberty, which was all that remain'd to them (a).

But notwithstanding the Peace and Privileges they enjoy'd under these, and other Emperours of Rome, they were never able to repair those vast Losses they had Suffer'd under Sylla, till the reign of Adrian, who in the time of his being Archon, took a Particular Affection to this City, and when he was promoted to be Emperour, granted them very large Privileges, gave them Just and Moderate Laws, bestow'd on them a large Donative of Money, and annual Provisions of Corn, and the whole Iland of Cephalenia; repair'd their old decay'd Castles, and re∣stor'd them to their ancient Splendor, and added one whole Region of new Buildings at his own charge, which he call'd Adrianopolis; and, in short, so Beautified the whole City, that it was call'd New-Athens, as appears as well from other Records, as also from an Inscription upon an Aquae-duct, begun by this Emperour, and finished by his Succes∣sor Antoninus,

IMP. CAESAR. T. AELIUS. HADRIANUS. ANTONINUS. AUG. PIUS. COS. III. TRIB. POT. II. P. P. AQUAEDUCTUM. IN. NOVIS. ATHENIS. COEPTUM. A. DIVO. ADRIANO. PATRE. SUO. CONSUMMAVIT. DEDICAVIT∣QUE (b).

The meaning of which is, that Antoninus had finish'd the Aquae-duct in New-Athens, that had been begun by his Father, and Predecessor Ha∣drian. And from another of Gruter's Inscriptions, it appears that they acknowledg'd him to be the second Founder of their City,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

The Substance of which is, that Athens was formerly the City of The∣seus, but do's now belong to Adrian. Many other Privileges this Em∣perour grant••d them, which were continu'd and enlarg'd by his Suc∣cessors M. Antoninus Pius, and M. Antoninus the Philosopher, the latter of which allow'd them stipends for the maintenance of Publick Pro∣fessors in all the Arts and Sciences, and was himself initiated amongst them.

But Severus, having receiv'd some Affront from them, when he was a Private Person, and Studied in Athens, was resolv'd to pay them Home, as soon as he was Emperour, and for no other reason, as 'tis thought, depriv'd them of a great part of their Privileges (b).

Valerian was more Favourable to them, and permitted them to re∣build their City-Walls, which had lain in Rubbish between Three and Four-hundred Years, from the time that Sylla dismantled them (c).

But these Fortifications could not Protect them from the Fury of the Goths, who under Gallienus, as Zosimus, or Claudius, as Cedrenus re∣ports, made themselves Masters of it; but were soon driven out of their new Conquest, by Cleodemus, who having escap'd the Fury of those Barbarians, and got together a considerable Number of Men, and Ships, defeated part of them in a Sea-Fight, and forc'd the rest to quit the City, and provide for their Safety by an early Flight (d). One thing remarkable Cedrenus reports of the Goths, That when they had Plun∣der'd the City, and heap'd up an Infinite number of Books, with a Design to Burn them, they desisted from that purpose for this reason, viz. That the Greeks by employing their time upon them, might be diverted from Martial Affairs.

CHAPTER VII. Of the State of Athens, from Constantine the Great.

TOwards the Declination of the Roman Greatness, the Chief Magistrate of Athens, was call'd by the Name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. e. Duke, but Constantine the Great, besides many other Privileges granted to the City, Honour'd him with the Title of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Grand-Duke e. Constantius at the Request of Proaeresius, enlarg'd their Dominions, by a Grant of several Ilands in the Archi-pelago.

Under Arcadius and Honorius, Alarick, King of the Goths, made an

Incursion into Greece, Pillag'd and Destroy'd all before him, but as Zosimus reports, was diverted from his Design upon Athens, by a Vi∣sion, wherein the Tutelar Goddess of that City appear'd to him in Ar∣mour, and in the Form of those Statues that are Dedicated to Mi∣nerva the Protectress, and Achilles in the same manner that Homer re∣presents him, when being enrag'd for the Death of Patroclus, he fell with his utmost Fury upon the Trojans (a). But the Writers of those Times make no mention of any such thing, on the contrary they tell us, that Athens pass'd the common Fate of the rest of Greece; and so Claudian reports,

Si tunc his animis acics collata fuisset, Prodita non tantas vidisset Graecia clades, Oppida semoto Pelopeia Marte vigerent; Starent Arcadiae, starent Lacedaemonis arces; Non mare flagrasset geminum flagrante Corintho; Nec fera Cecropias traxissent vincula matres (b).

Had thus th' embattl'd Grecians dar'd t'oppose With Rage and Pow'r Divine their Barbarous Foes, N'ere had their Land of Strength and Help bereft T'insulting Conquerours a Prey been left. The Spartan Land had n'ere such havock seen, It's Splendor n'ere eclips'd, or Pow'r depress'd had been. Arcadian Flocks might graze untainted Food, And free from Plunder Pelops Isle have stood, Corinth's proud Structures n'ere had felt the Flames, Nor griping Chains enslav'd th'Athenian Dames.

Mr. Abell.

And Synesius, who liv'd in the same Age, tells us, there was nothing left in it splendid, or remarkable, nothing to be admired, besides the Famous Names of Ancient Ruins; and that, as in a Sacrifice, when the Body is consum'd, there remains nothing of the Beast, but an empty Skin; so it was in Athens, where all the Stately and Magnifi∣cent Structures were turn'd into ruinous Heaps, and nothing but old decay'd Out-sides left remaining (c).

Theodosius II. is said to have Favour'd the Athenians, upon the Ac∣count of his Queen Eudocia, who was an Athenian by Birth. Iustinian also is reported to have been very Kind to them, but from his Reign, for the space of about Seven-hundred Years, either for want of Histo∣rians in Ages so Rude and Barbarous, or because they liv'd in Peace, and Obscurity, without atchieving, or suffering any thing deserving to be transmitted to Posterity, there is no Account of any thing that passed amongst them, till the Thirteenth Century.

At that time, Nicetas tells us, Athens was in the hands of Baldwin, and was Besieg'd by one of the Generals of Theodorus Lascares, who was

then the Greek Emperour, but he was repuls'd with Loss, and Forc'd to raise the Siege. Not long after, it was Besieg'd by the Mar∣quess Bonifacius, who made himself Master of it (a).

It was afterwards Govern'd by one Delves, of the House of Arragon, and after his Death fell into the hands of Bajazet, Emperour of the Turks (b). Afterwards it was taken by the Spaniards of Catalonia, under the Command of Andronicus Palaeologus the Elder (c). And these are the same, that Chalcocondylas calls 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and reports, they were dispossess'd of it by Reinerius Acciaiolo, a Florentine, who having no le∣gitimate Male-Issue, left it by his last Will and Testament to the State of Venice.

The Venetians were not long Masters of it, being dispossess'd by An∣ny, a Natural Son of Reinerius, who had given him the Sove∣reignty of Thebes and Boeotia; and from this time it continu'd some Years under the Government of the Acciaioli: for Antony was Succee∣ded by one of his Kinsmen, call'd Nerius; Nerius was displac'd by his Brother Antony for his Insufficiency, and Unfitness to Govern, and after Antony's Death, recover'd it again; but leaving only one Son, then an Infant, was Succeeded by his Wife, who for her Folly was ejected by Mahomet, upon the complaint of Francus, the Son of Antony the Se∣cond, who Succeeded her, and having confin'd her some time in Prison, put her to Death, and was upon that score Accus'd by her Son to Maho∣met II, who sent an Army under the Conduct of Omares to Besiege him; Francus upon this made his Application to the Latins, but they refus'd to grant him any Assistance, except he would Engage his Subjects, in all things to Conform to the Romish Superstition, and renounce all those Articles, wherein the Greek Church differs from them; which he not being able to do, was forc'd to Surrender it to the Turks, in the Year of our Lord MCCCCLV (d), and in their hands it continues to this Day.

CHAPTER VIII. Of the City of Athens, and it's Walls, Gates, Streets, Buildings, &c.

THE City of Athens, when it Flourish'd in it's greatest Splendor, was one of the fairest and largest Cities of all Greece, being, says Aristides, a Day's journey in Compass (e). But this seems to be rather a Rhetorical Flourish, than a just and true Account; for ac∣cording to the most exact computation, the whole Circuit of it con∣tain'd no more than CLXXVIII. Stadia, that is, something above two and twenty Roman Miles.

But many were the changes of Government, and Fortune, which it underwent, before it arriv'd to this Pitch of Greatness, for at the first, that which was afterwards the Cittadel, was the whole City, and was call'd Cecropia, from it's first Founder Cecrops, who, they say, was the first that invented the manner of Building Cities, and therefore the Athenians, Proud of every little pretence to Antiquity, us'd to call it by way of Eminence 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as being the first City (a)▪ Afterwards it chang'd it's first Name of Cecropia, and was call'd Athens in Ericthonius's Reign, for which several reasons are given, but the most Common is, that the Name was taken from Minerva, whom the Greeks call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because she was the Protectress of the City; indeed almost all Towers, and Cittadels were Sacred to this Goddess, who is there∣fore by Catullus call'd,

— D••va tenens in summis urbibus arces. — Goddess that in Cittadels doth dwell.

And Eustathius hath remark'd the same upon Homer's sixth Iliad, where he tells us, Minerva's Temple was in the Trojan Cittadel,

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

Minerva's Temple in the Cittadel.

Cecropia was Seated in the midst of a large and pleasant Plain, upon the top of a high Rock, for, as the foremention'd Author observes, it was usual for the First Founders of Cities in those Ages, to lay the Founda∣tions of them upon Steep Rocks, and high Mountains; and this they did, partly for that such places were a good Defence against Invaders, but more especially, because they hop'd to be secur'd by them from Inundations (c), which the People of those Times exceedingly dreaded, having heard and experienc'd the sad Effects of them under Ogyges, and Deucalion. Afterwards, when the number of Inhabitants was in∣creas'd, the whole Plain was fill'd with Buildings, which were call'd from their Situation 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Lower City, and Cecropia 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Upper City.

The Circuit of the Cittadel was Three-score Stadia, it was fenc'd in with wooden Pales, or, as some say, was set about with Olive-Trees; and therefore in Xerxes's Invasion, when the Oracle advis'd the Athe∣nians to defend themselves with Walls of Wood, some were of Opinion, they were commanded to enter into the Acropolis, and there receive the Enemie; which some of them did, but after a desperate Resistance, were overpower'd by Numbers, and forc'd to suffer the sad Effects of their fond Interpretation (d).

It was Fortified with a strong Wall, one part of which was Built by Cimon, the Son of Miltiades, out of the Spoils taken in the Persian War, and was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being on the South-side of the Cittadel (e).

[illustration]

Parthenion sive Templum Minervae

The North-Wall was Built many Ages before, by Agrolas, as Pausa∣nias, or Eurialus, as Pliny, and Hyperbius, two Brothers, that first taught the Athenians the Art of Building Houses, whereas till that time, they liv'd in Caves. They were Tyrrhenians born, and by that Nation all sorts of Building are said to have been first begun in Greece, and from them Walls and Castles were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a). This Wall was nam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Founders of it, were call'd Pelasgi, from their continual wandring, and removing from one Countrey to another, in the manner of Storks, which the Greeks call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b). Thucydides tells us, there was an Execration laid upon any that should build Houses under this Wall, because the Pelasgi, whilst they dwelt there, entred into a Conspiracy against the Athenians (c). And Poll•••• adds, that it was unlawful to make Ditches, or sow Corn here, and if any man was taken offending, he was apprehended by the Nomothetae, and brought before the Archon, who was to lay a Fine of three Drachms upon him (d). It was Beautified with Nine Gates, and therefore is sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; but tho' there were many lesser Gates, yet the Cittadel had but one great Fore-Gate, or Entrance, to which they ascended by Steps, cover'd with white Marble, and it was Built by Peri∣cles, with such Magnificence, that the expences of it amounted to above a Thousand Drachms (e).

The In-side of the Cittadel, was adorn'd with innumerable Edifices, Statues, and Monuments, wherein all the Ancient Stories were de∣scrib'd at large, insomuch that Aristides tells us, it lookt like one con∣tinu'd Ornament (f). The Description of all these would be tedious, and is already perform'd by Meursius, who hath with vast industry collected into one Body all the reliques of Antiquity that lay dispers'd here and there in Ancient Authors. The most remarkable of them were these:

The Temple of Minerva, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Victory, in which the Goddess was represented, having a Pome-Granate in her right Hand, and an Helmet in her left, and without Wings, in memory of Theseus's good Success in Crete, the Fame whereof had not reach'd Athens, before his Arrival: but in other Places, Victory was usually represented with Wings (g). It was plac'd at the right Hand of the Entrance of the Cittadel, and was Built with white Marble.

About the middle of the Cittadel, was the Stately Temple of Mi∣nerva, call'd Parthenion, because that Goddess preserv'd her Virginity pure and inviolate, or because it was Dedicated by the Daughters of Erectheus, who were peculiarly call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (h). It was call'd also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because it was an Hundred-Foot square. It was Burn'd by the Persians, but restor'd again by Pericles, and enlarg'd Fifty Foot on each side (i). Sr. George Wheeler reports, that it is Two-hundred,

and Seventeen Foot, Nine Inches long, and Ninety-eight Foot, Six Inches broad, that it consists altogether of admirable white Marble, and both for Matter and Art is the most Beautiful piece of Antiquity, remaining in the World.

The Temple of Neptune Sirnam'd Erectheus, which was a double Building, and, besides other Curiosities, contain'd in it the Salt-spring, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which was feigned to have burst out of the Earth, from a stroke of Neptune's Trident, in his contention with Minerva. And this Part was Consecrated to Neptune. The other Part of the Temple belong'd to Minerva, Sirnam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ i. e. Protectress of the City; and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from one of Cecrops's Daughters of that Name. Here was the Sacred Olive, produc'd by Minerva; and the Goddess's Image, which was said to have fallen from Heaven in E∣ricthonius's Reign; it was kept by one, or two Dragons, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and had a Lamp always burning with Oil, and an Owl plac'd before it (a). Both of them remain to this Day, and the Lesser Edifice, which is an Entrance to the other, is Twenty-nine Foot long, and Twenty-one Foot, Three Inches broad; the Bigger is Six∣ty-three Foot, and a half long, and Thirty-six Foot broad. The Roof is supported by Ionick Pillars Channelled, but the Chapters seem to be a mixture between that, and the Dorick Order.

On the Back-side of Minerva's Temple, was the publick Treasury, call'd from it's Situation 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, wherein, besides other publick Money, a Thousand Talents were laid in Store, against any very urgent Occasion, but if any Man expended them upon a trivial Ac∣count, he was to be put to Death. Also the Names of all that were indebted to the Common-wealth were entered in a Register in this place, and therefore such Persons were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as on the contrary, when they had discharg'd their Debt, they were nam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The Tutelar Gods of this Treasury, were Iupiter 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Saviour; and Plutus, the God of Riches, whom they represented with Wings, and (which was unusual in other Places) Seeing (b). Aristophanes hath taken notice of the Sta∣tues of both these Gods, in the latter End of his Plutus, where he in∣troduces Carion very busie in placing that God after the recovery of his Sight, next to the Statue of Iupiter the Saviour,

KAP. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, O 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. IEP. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. KAP. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Cario.

Come, Courage, on God's will depends Success, Which I Divine will answer to our Hopes, For doth not Iove, our President's approach Without entreatie seem thus to presage?

Priest.

Your Words bring Comfort.

Car.

Therefore let us wait For Plutus coming, him we'll substitute An Overseer into the place of Iove To th' Treasury of Pallas our Goddess.

Mr. Abell.

Afterwards this Building was burn'd to the Ground by the Treasurers, who having imbezzled the publick Money, secur'd themselves by that means, and prevented the City from calling them to Account (a). There were also several other remarkable Edifices in the Cittadel, as the Chappels of Iupiter 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and of Minerva 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b). The Tem∣ple of Agraulus, the Daughter of Cecrops, or rather of Minerva, Wor∣shipp'd by that Name, in the Front, and Steep and Craggy side of the Rock (c). And, to mention only one more, The Temple of Venus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Consecrated by Phaedra, when she was in Love with Hip∣polytus (d). And thus much concerning the Cittadel.

The Lower City, containing all the Buildings, which surrounded the Cittadel, with the Fort Munychia, and the two Havens Phalerum, and Piraeeus, was encompass'd with Walls of unequal Strength, being Built at different Times, and by different Hands; The chief Parts of them were, The 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that joyn'd the Haven of Piraeeus to the City, being about Five Miles in length, and therefore Plutarch calls them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, long Leggs (e), and Propertius long Arms,

Inde ubi Piraeei capient me litora por••ûs, Scandam ego Theseae brachia longa viae (f).

When I've arriv'd at the Piraean Port, And eas'd the shatter'd Vessel of it's Load, I'll Scale the Walls of the Thesean Road.

Mr. Abell.

They consisted of two Sides, one of which lay towards the North, and was Built by Pericles (g), with vast Expence, containing XL. Sta∣dia; the other lay to the South, and was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to distinguish it from the South-Wall of the Cittadel; sometimes 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because it took in the Port Phalerum. It was Built by Themistocles, of huge square Stones, not cemented together by Mortar, but fasten'd by Iron and Lead. The Height of it was Forty Cubits, and yet was but the half of what Themistocles design'd; the Length of it was Thirty-five Stadia. Upon both of them were erected a great Number of Turrets, which

were turn'd into Dwelling-houses, when the Athenians became so Numerous, that the City was not large enough to contain them (a)▪ The 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Wall, that encompass'd the Munychia, and joyn'd it to the Piraeeus, contain'd LX. Stadia; and the exteriour Wall on the other side of the City, was in length XLIII. Stadia; so that the whole Circuit of the City contain'd CLXXVIII. Stadia, which are something above Two and Twenty Roman Miles.

1. The Principal Gates of the City, were the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, af∣terwards call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because they were larger then any of the rest. They were plac'd at the Entrance of Ceramicus, and therefore seem to have been the same with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in Philostratus (b).

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ leading to the Piraeeus; near which was the Temple of the Heroe Chalcodoon, and the Tombs of those that died in the Defence of their Countrey, when the Amazons Invaded Attica under Theseus (c).

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, near which Hyperides the Orator, and his Family were Buried (d).

4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where they carried forth dead Persons to their Graves, so call'd from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Grave (e).

5. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Gate leading to Eleusis, through which they that Ce∣lebrated the Festival of Ceres Eleusinia, made a solemn Procession, from which Custom the Gate receiv'd it's Name, it being usual to call every thing, that was any way concern'd in those Mysteries 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Sacred.

6. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Gate of Aegeus, the Father of Theseus, whose House stood in the place, where afterwards the Delphinium was Built, and therefore the Statue of Mercury at the East-end of that Temple, was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, by which it is evident, that this Gate was near the Delphinium (f).

7. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Gate of Diochares.

8. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Gate that look'd towards Acharnae, a Bur∣rough in Attica.

9. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that lay toward the Burrough of the Diomians.

10. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Thracian Gate.

11. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Itonian Gate, near which was the Pillar erected in memory of the Amazons (g).

12. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Scaean Gate (h).

13. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Gate of Adrian, by which they entered into that part of the City, which that Emperour rebuilt, and call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

As to the Streets in Athens, thus much is said of them in general,

that they were not very Uniform, or Beautiful (a), and tho' Homer calls it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,

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

Yet that seems onely to imply the Bigness, and not the Beauty of them; for so that Poet has us'd the same Epithet in other places. The number of them without question was very great, but most of their Names are quite lost; and few, if any, besides these that follow are to be met with in Authors. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Way to Eleusis. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, betwixt the long Walls, leading to the Piraeeus, which seems to be the same with that, which was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, near the Academy. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉·

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Way near the Prytaneum, wherein were Places largely stock'd with Tripods of Brass, Curiously wrought; amongst which was the Famous Satyr, call'd by the Greeks 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being one of the Master-pieces of Praxiteles. And concerning these Heliodorus is said to have written an entire Treatise (c).

It remains in the next place, that I give you an Account of the Build∣ings of the Lower City; In doing which I shall only men∣tion such as were most remarkable, or had some History, or Custom depending upon them, for the rest referring the Reader to Pausanias, and Meursius's larger Treatises.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a stately Edifice, in which were kept the Sacred Vtensils, made use of at Festivals, and all things necessary for the Solemn Pro∣cessions prepar'd. It was plac'd at the Entrance of the Old City, which looks towards the Phalerum, and adorn'd with many Statues, of the Athenian Heroes. Indeed there was scarce any place in the City, that was not fill'd with such like Representations.

The Temple of Vulcan, or of Vulcan and Minerva, not far from Ceramicus within the City, seems to have been a publick Prison, fre∣quent mention b••ing made of Persons Tortur'd there.

Near this place was the Temple of the Heavenly Venus, for they had a Two-fold Venus, one of which was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the other 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the former presided over Chaste and pure Love; the latter was the Patroness of Lust, and Debauchery. And as their Natures and Characters were dif••••rent, so were also the Ceremonies us'd in their Worship. They that worshipp'd the former, behav'd themselves with all Modesty and Gravity; but the latter was pleas'd only with Lewdness and Wantonness. Nay, Solon permitted publick Strumpets to prostitute themselves in her Temple. Besides these, Venus had several other Temples dedicated to her, as those which were erected upon the Account of De∣metrius Poliorcetes, to Venus Lamia, and Leaena, in Honour of two of

his Mistresses, call'd by those Names. Nay, so gross Flattery did the Athenians degenerate into, that they enroll'd several of his Para∣sites into the Number of their Deities, and Honour'd them with Tem∣ples and Altars (a).

The Temple of Theseus was erected by Conon, in the middle of the City, near the Place where the Youth perform'd their Wrestlings, and other Exercises of Body, and was allow'd the Privilege of being a Sanctuary for Slaves, and all those of mean Condition that Fled from the Persecution of Men in Power, in memory that Theseus while he Liv'd, was an Assister and Protector of the Distressed. And a great many other Temples were Consecrated to him in his life Time, as grateful acknowledgements of the Benefits, he had conferr'd upon the City, all which, Four only excepted, he Dedicated to Hercules, and chang'd their Names from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, after he had been rescued by him from the King of the Molossians, as Plutarch reports out of Philochorus (b). One of these was put to divers other uses, for certain Magistrates were created in it by the Thesmothetae (c). Causes also were heard there, and it was a publick Prison (d), and there∣fore a Gaol-bird, is wittily call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in Aristophanes, such an one Plautus with no less Elegancy names Colonus Carceris.

The Temple of Theseus, is to be seen at this Day, and is Built, as Sr. George Wheeler reports, in all respects like the Temple of Minerva in the Cittadel, as to it's Matter, Form, and Order of Architecture, but not so large. It is Dedicated to St. George, and still remains a Master∣piece of Architecture, not easie to be parallel'd, much less exceeded by any other.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Temple of Castor and Pollux, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In this Place Slaves were expos'd to Sale.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Temple erected in Honour of Iupiter the Olympian; it was the most magnificent Structure in Athens, being in Circuit, no less than Four Stadia, which was the reason they were forc'd to support it with Pillars, a thing unknown in Athens before that time (e). The Foundations were laid by Pisistratus, and many succeed∣ing Governours contributed to the Building of it, but it was never compleatly finish'd till Adrian's time, which was Seven-hundred Years after the Tyranny of Pisistratus.

The Temple of Apollo and Pan, at the Bottom of the Cittadel on the North-side, in a Cave or Grotto, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where Apollo was feign'd to have deflowr'd Creusa, the Daughter of Erectheus, we find it mention'd in Euripides,

— 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (f).

[illustration]

Templum Thesei.

[illustration]

Temple of the Eight Winds

The Temple of Diana, Sirnam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because in it Women, after their first Child, us'd to Dedicate their Girdles to her (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Temple Dedicated to all the Gods, who, as they were United in one Temple, so were they Honour'd with one Common Fe∣stival, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. This was a very magnificent Structure, and sup∣ported by an Hundred and Twenty Marble-Pillars, on the Out-side were all the Histories of the Gods, curiously Engraven, and upon the great Gate, stood two Horses, excellently Carv'd by Praxiteles. It is to be seen at this Day, as Theodore Zygomalas reports, in an Epistle to Martin Crusius, written A. D. MDLXXV. wherein he describes the then present State of Athens.

The Temple of the Eight Winds, omitted by Pausanias, but mention'd and describ'd by Sr. George Wheeler out of Vitruvius, who reports that, such as had made exact Observations about the Winds, divided them in∣to Eight; as namely, Andronicus Cyrrhastes, who gave this Model to the Athenians, for he Built a Tower of Eight square of Marble, on every side of which he Carv'd the Figure of a Wind, according to the Quarter it blew from. On the top of the Tower, he erected a little Pyramid of Marble, on the point of which was plac'd a Brazen Triton, holding a Switch in his right Hand, wherewith turning about, he pointed to the Wind, that then blew. All the Winds answer'd exactly to the Com∣pass, and were represented by Figures answerable to their Natures, above which were written their Names in large Greek Letters, which are these that follow, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Eurus, South-East. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Subsolanus, East. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Coecias, North-East. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Boreas, North. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Corus, North-West. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Occidens, West.〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Notus, South. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Libs, Africus, South-West. This Tower re∣mains yet entire, the Weather-Cock only excepted.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Portico's, they had a great many, but the most remarkable was that, which was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and afterwards 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the variety it contain'd of curious Pictures, drawn by the greatest Masters in Greece, such were Polygnotus, Mycon, and Pandaenus, the Brother of Phidias. Here it was that Zeno taught Philosophy, and instituted that Sect, which receiv'd their Names from the Place, being call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And the Portico it self, is usually put for that Sect of Philo••o∣phers, as when Athenaeus calls Zeno 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Founder of the Stoicks (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was a Fort near the Cittadel, so call'd from the old Poet Musaeus, the Scholar of Orpheus, that us'd to repeat his Verses in this Place, where also he was Buried. This Fort was forc'd to entertain a Garrison by Antigonus, and his Son Demetrius to make it the more se∣cure surrounded it with a Wall.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was a Musick-Theater, Built by Pericles, and for the contri∣vance of it on the In-side, was full of Seats and Ranges of Pillars, and on the Out-side in the Roof or Covering of it, was made from one

point at the Top with a great many Bendings, all shelving downward, and it is reported, (saith Plutarch,) that it was so fram'd in imitation and after the Copy of the King of Persia's Pavilion (a). It was also a Tribunal as we learn from Aristophanes,

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

It was very much Beautified by Lycurgus (c), but being demolish'd in the Mithridatick War (d), was re-edified by Herodes Atticus, with such Splendor and Magnificence, that, as Pausanias tells us, it surpass'd all the famous Buildings in Greece. It stood in the

Ceramicus, of which Name there were two Places, so call'd from Ce∣ramus the Son of Bacchus and Ariadne (e); or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the Potter's Art, which was first invented in one of these Places by Coroebus (f). One of them was within the City, and contain'd innumerable Buildings, as Temples, Theatres, Porticos, &c. The other was in the Suburbs, and was a publick Burying-place, and con∣tain'd the Academy, and many other Edifices.

The Athenian 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Fora, were very numerous, but the most noted of them were two; the Old Forum, and the New. The New Forum was in a Place call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by Strabo (g). Which it is proba∣ble was not far from Zeno's Portico, because Pausanias tells us, that in his Time the Forum was near that Place. The Old Forum was in the Ceramicus within the City, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In it were held the publick Assemblies of the People; but the chief Design of it was the the meeting of People to Buy and Sell, and therefore it was divided into different parts, according to the Wares expos'd to Sale, for every Trade had a different place assign'd to make their Markets in; and hence we read of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where Slaves, and Vessels were Sold (h): 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where Wo∣men's Cloaths and Ornaments were expos'd; and others without Num∣ber. Sometimes they call'd the Fora, by the single Names of things Sold in them, as 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Wine-market, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Oil-market, &c. (i) And an instance of this we have in these Verses of Eupolis,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 —

The time in which things were expos'd to Sale, was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, full Market, from the multitudes of People that Assembled at such times; and there seems to have been different Hours appointed for such and such Wares, which I suppose, is the reason that Suidas in

[illustration]

The Area of the Theatre of Bacchus

[illustration]

The Odeum or Musick Theatre.

some Places tells us, the Full Market was at the Third Hour, in others that it was at the Fourth, Fifth, and Sixth.

And besides these Places, the Trades-men had their 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Publick-Halls, wherein each Company met, and consulted about their Affairs. For Trades were very much encourag'd at Athens, and if any Man objected the living by such Gain to another, as a matter of Re∣proach, the Person affronted might have an Action of Slander against him (a). Nay, Trades were so far from being counted a mean an•• ignoble way of Living, that Persons of the greatest Quality did not disdain to betake themselves to such Employments, and especially to Merchandize, as Plutarch informs us; Solon (says he) apply'd himself to Merchandize, tho' some there are that report, that he Travell'd ra∣ther to get Learning and Experience, than to raise an Estate. In his time (according to Hesiod) a Trade was not Dishonourable, nor did it debase it's followers; but Merchandize was a worthy Calling, which brought Home the good things that Barbarous Nations en∣joy'd, was the occasion of Friendship with their Kings, and Mother of Experience. Some Merchants have Built great Cities, as the Foun∣der of Massilia, that Man so much esteem'd by the Gaul's, that liv'd about the Rhine; some also report, that Thales, and Hippocrates the Ma∣thematician Traded; and that Plato defray'd the charges of his Tra∣vels by Selling Oil in Aegypt. Thus Plutarch (b).

Aquaeducts were not common at Athens, before the Roman Times; and the want of them was supplied by Wells; some of wich were Dug by private Persons, others at the publick Expence; but because the Country having but few potable Rivers, (for Eridanus Strabo (c) tel∣leth us was Muddy, and not fit for use,) Lakes, or large Springs, was but poorly furnish'd with Water, which gave occasion to con∣tinual Quarrels amongst the Citizens, Solon enacted a Law, that where there was a publick Well, within an Hippicon, (that is, four Fur∣longs) all should have the Privilege of drawing at that; but those that liv'd at a greater Distance, should be oblig'd to provide a private Well; and if they had Dug ten Fathom deep, and could find no Water, they had liberty to fetch ten Gallons a Day from their Neigh∣bours; for he thought it prudent (saith my Author) to make Provi∣sion against want, but not encourage Laziness (d). Adrian, besides other magnificent Structures, laid the Foundations of a stately Aquae∣duct, which was finish'd by his Successour Antoninus. And one part of it remains to this Day, sustain'd by Ionick Pillars; which Sr. George Wheeler is of opinion, was the Frontis-piece of the Repository, or Re∣ceiver of the Water.

Gymnasia are said to have been first in use at Lacedaemon, but were afterwards very common in all the parts of Greece, and imitated, ve∣ry much augmented, and improv'd at Rome. They were not single Edifices, but a Knot of Buildings united, being so Capacious as to

hold a great many Thousands of People at once, and have Room enough for Philosophers, Rhetoricians, and the Professours of all oth••r Sciences to read their Lectures; and Wrestlers, Dancers, and all others that would, to Exercise at the same Time without the least Disturbance, or Interruption. They consisted of a great many Parts, the Chief of which were these,

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Porticos, which were full of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and Side-Build∣••••gs furnish'd with Seats, and fit for Study or Discourse; and here it is probable the Scholars us'd to meet.

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Place where the Ephebi, or Youths Exercis'd; or, as some say, where those that design'd to Exercise met, and agree'd what kind of Exercise they should contend in, and what should be the Vi∣ctor's Reward.

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Undressing-room.

4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Place where those that were to Wrestle, or had Bathed, were Anointed.

5. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Place where the Dust, with which they besprin••led those that had been Anointed, was kept.

6. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which sometimes is taken for the whole Gymnasium, but in it's proper acceptation signifies the Place, wherein all the Exer∣cises of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or (say others) only Wrestling, and the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were perform'd; and least the Combatants should Slip, or Hurt themselves by Falling, the Bottom of it was cover'd with Dust, or Sand. Also there was another Room in the Gymnasium, fill'd with Sand, much deeper than that in the Palaestra.

7. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Place appointed for divers sorts of Exercises, but more especially for the Ball.

8. The Spaces between the Porticos and the Walls left Void to admit the Light, and the Area of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Piazza, which was a large Place square, or sometimes oblong in the middle of the Gymnasium, design'd for Walking, and the performance of those Exercises which were not practis'd in the Palaestra, or the Deeper Sand, or any other place of the Gymnasium, such were (as some are of opinion) Leaping, and the Discus.

9. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which were distinct Places both in Greece, and Rome. Xysti, were places cover'd at the Top, design'd for the Exercise of Wrestlers, when the Weather did not permit them to contend in the open Air. Xysta, sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Walks open at the Top, design'd for Exercises, or Recreation in the heat of Sum∣mer, and milder Seasons of the Winter.

10. The Baths, in which were Waters hot and cold in different Degrees, and in these they refresh'd themselves, when they were wea∣ried with Exercise, and at other Times. Amongst the Ancient Greeks, Baths were not much frequented, being rarely us'd but after the Ac∣complishment of some very great Work, which requir'd abundance of Labour and Toil, as the ending of a War, or atchieving any great and painful Enterprize (a). And thus Agamemnon after the Trojan

War, at his return Home, went into the Bath, there to Wash away the remembrance of all his past Labours, and was slain by the Treachery of his Wife Clytaemnestra (a). In latter Ages they became more common, and were frequently us'd for Health or Recreation by both Sexes, who at Sparta Wash'd in one common Bath, but in other Cities had distinct Places appointed them.

11. The Stadium was a large Semicircle, in which Exercises were perform'd; and for the better convenience of Spectators, which flock'd thither in vast Multitudes, was Built with Steps one above ano∣ther, that the higher Ranks might look over the Heads of those that were plac'd below them. Several of these there were at Athens in their Gymnasia, and other Places, but the most remarkable was that, which was Built near the River Ilissus by Lycurgus, and afterwards enlarg'd by Herodes Atticus, one of the Richest Citizens Athens ever had; it was Built of Pentelick Marble, with so great Magnificence, that when Pau∣sanias comes to speak of it, he tells his Readers, That they wou'd hardly believe, what he was about to tell them, it being a Wonder to all that beheld it, and of that stupendous Bigness, that one would judge it a Mountain of white Marble, upon the Banks of Ilissus. Sr. George Wheeler reports, that at this Day there remains some of the Stone-Work at the End towards the River, but the rest is only a Stadium of Earth above Ground. However it's Figure, and Bigness continue, tho' the Degrees be all taken away. It is a long Place, with two parallel sides, clos'd up circularly to the East-end, and open towards the other end; and is about One-hundred, Twenty-five Geometrical Paces long, and Twenty-six, or Twenty-seven broad, which gave it the Name of a Stadium, which was a measure ordinarily us'd among the Greeks, being the Eighth part of a Roman Mile.

Athens had several Gymnasia, of which these Three are of most note, Lyceum, Academia, and Cynosarges. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Lycaeum was Situated upon the Banks of Ilissus, it receiv'd it's name from Apollo 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to whom it was Dedicated; Nor was it without reason (saith Plutarch) that this Place was Sacred to Apollo, but upon a good and rational Account, since from the same Deitie that Cures our Diseases, and restores our Health, we may reasonably expect Strength and Abi∣lity, to contend in the Exercises (b). The Building of this Structure, is by some ascrib'd to Pisistratus, by others to Pericles, and others to Ly∣curgus; which makes it probable that all of them might contribute something towards it; and perhaps Pisistratus laid the Foundations of it, Pericles rais'd it, Lycurgus enlarg'd and beautified it. This was the Place where Aristotle taught Philosophy, and discours'd with ••uch as resorted to him for Instructions, walking constantly every Day till the Hour of Anointing, for the Greeks usually Anointed be∣fore Meals; whence he, and his Followers were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Peripateticks from walking (c). Tho' others re∣port,

that his walking and discoursing Philosophy with Alexander, was the occasion of that Name.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was part of the Ceramicus without the City, from which it was distant about Six Stadia, so call'd from Academus, an old Heroe, that, when Helena was Stoln by Theseus, and conceal'd at Aphidnae, dis∣cover'd her to Castor and Pollux, for which reason he was extremel•• Ho∣nour'd by them during his Life; and the Lacedaem••nians, when in Af∣ter-ages they made several Incursions into Attica, and destroy'd all the Countrey round about, always sp••r'd this Place for his sake. But Dicaearchus writes, That there were two Arcadians in the Army of Ca∣s••••r and Pollux, the one call'd Echedemus, and the other Marathus, from the former that, which was afterwards call'd the Academy, was then nam'd Echedemia, and the Burrough of Marathon had it's Name from the latter. Thus Plutarch (a). It was beset with Shady Woods, and Solitary Walks fit for Study and Meditation, as the Poets and others witness. This Verse is cited out of Eupolis (b),

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

In Academus Shady Walks.

And Horace speaks to the same purpose,

A••que inter sylvas Hecademi quaerere verum (c).

In Hecademus Groves to search for Truth.

At the first it was a desert Place, and uninhabited by reason of the Fens and Marshes that were in it, and rendred it very Unhealthful, but they being drain'd by Cimon, it became Pleasant and Delight∣ful, and was much frequented by all sorts of People, especially such as applied themselves to the Study of Philosophy, for they resorted thither in great Numbers to Plato's Lectures, who read constantly in this Place; and having contracted a Distemper thro' the Unwhol∣somness of the Air, which was not yet wholly rectified, and being ad∣vis'd by his Physitians to remove his School to the Lyceum, made an∣swer, That he chose the Academy to keep his Body under, least by too much Health it should become wanton, and more difficult to be govern'd by the dictates of Reason, as Men prune Vines, when they spread too far, and lop of the Branches that grow too luxuriant (d). I must not forget to add, that it was surrounded with a Wall by Hip∣parchus, the Son of Pisistratus, who to defray the Charges of it, laid so heavy a Tax upon the People, that ever after, any Chargeable and Ex∣pensive business was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was a Place in the Suburbs, near the Lyceum, so call'd from a white, or swift Dog, in Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that, when Dio∣mus was Sacrificing to Hercules, snatch'd away part of the Victim (e).

It was adorn'd with several Temples, Dedicated to Hebe, Alcmena, and Iolaus, all which bore some Relation to Hercules, the chief Dei∣tie of the Place, and he also was Honour'd with a Magnificent Temple. But there was nothing in it so remarkable a•• the Gymnasium, in which Strangers, and those that were but of the half Blood, or had but one Parent an Athenian, were to perform their Exercises, because Hercu∣les, to whom it was Consecrated, was under some illegitimacy, and was not one of the immortal Gods, but had a mortal Woman for his Mother; and therefore Themistocles being but of the half Blood, per∣swaded divers of the Young Noblemen to accompany him, to Anoint and Exercise themselves at Cynosarges; in doing which he seem'd with some Ingenuity to take away the distinction between the truly Noble and the Stranger; and between those of the whole, and those of the half Blood of Athens (a). There was also a Court of Judicature in this Place, wherein Causes about Illegitimacy were heard, and Exa∣mination made concerning Persons, that lay under a Suspicion of having falsly inserted their Names among the true born Athenians (b). In this Gymnasium Antisthenes instituted a Sect of Philosophers call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Cynicks, from the name of the Place (c), as some are of Opinion.

All Theaters were Dedicated to Bacchus, and Venus (d), the Deities of Sports and Pleasure; to the former of which they are said to owe their Original (e), and therefore Plays Acted in them were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Artificers that labour'd in the Building of them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as belonging to 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Bacchus.

The most Ancient Theaters were Temporary, being compos'd of no∣thing but Boards, plac'd gradually above each other, for the conve∣nience of Spectators, and therefore they were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (f). But these slight Buildings had well-nigh prov'd fatal to the Common-wealth, for almost the whole City, as well the Magistracy and No∣bility, as those of inferiour Ranks, being assembled, as their man∣ner was, to hear Pratinas Act a Tragoedy; the Theater, too weak to support the vast weight of thronging Multitudes, on a sudden tum∣bled down, and wanted not much of Burying them in it's Ruins (g). This narrow escape made them more cautious, and was the occasion of erecting a Theater of Stone, for their better security. And from this Time the Athenians, whose Example the rest of the Grecians follow'd not long after, erected fix'd and durable Theaters of Stone, common∣ly of Marble, which by degrees were encreas'd to that Magnitude, that they exceeded almost all other Buildings in Greece.

The Figure of Theaters was Semicircular, tho' they were not exact Semicircles, but contain'd the bigger half of the Circle, and therefore Amphitheaters, which were made in the same Figure, as if two Thea∣ters should be joyn'd together, were not nicely Orbicular, but Oval.

They consisted of two parts, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Scena, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Cavea. Scena was a Partition, assign'd for the Actors, reaching quite crosse the Theater, which at the first, agreeably to the Ancient simplicity, was dress'd with Boughs and Leaves, but in more Expensive Ages was ad∣orn'd with Rich and Costly Hangings, to hide the management of Machines, and other actions of the Players from the Spectators. It was either so fram'd as that it might be turn'd round, and then it was call'd Versatilis, or drawn up, and then it was Ductilis, and this way is usually practis'd in our Theaters, in changing the Prospect. It had Three Principal-Gates, one upon the Right hand, another upon the Left, by which were presented meaner and smaller Edifices; and a Third in the Middle, by which more magnificent Structures, as Temples of the Gods, or Palaces of Kings, were brought in View; and on each side of the Gate was a lesser Entrance, thro' which the Persons either of Gods, or Men were introduc'd by Various Machines, and Instruments, the Names whereof you may find explain'd in Iulius Pol∣lux (a). The whole Scene was divided into several parts, the most re∣markable whereof are these;

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Place underneath the Floor, wherein were kept Brazen Vessels, full of Stones and other Materials, with which they imitated the noise of Thunder.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Place upon the Top of the Scene, in which all the Ma∣chines, whereby they presented the various Figures and Prospects, were mov'd.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Tiring-Room, a Place behind the Scenes wherein the Actors dress'd and adorn'd themselves.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Stage, a Place before the Scenes, in which the Players Acted. And 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was that Part in which the Chorus us'd to Dance and Sing, in the middle of which was plac'd the Pulpit, in Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Partition under the Pulpit, appointed for the Musick.

The 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Caevea, was appointed for the Spectators, and consist∣ed of Three Parts, plac'd in equal Degrees one above another; the Lowest of which belong'd to Persons of Quality, and Magistrates; the Middle to the Commonalty; the Uppermost to the Women.

And because Theaters were open at the Top, they erected Porticos be∣hind the Caevea, whither they retir'd for Shelter, in Rainy weather.

CHAPTER IX. Of the Citizens, Tribes, &c. of Athens.

THE Inhabitants of Attica were of Three sorts, 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, o•• Free-men. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Sojourners. 3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Servants. The Citizens surpass'd the others in Dignity, and Power, as ha∣ving the Government in their Hands, but were far exceeded by the Slaves in number; most of the Free-men maintaining several Servants to attend upon them, or do their Business. The number of Citizens in in Cecrops's time, I have already said was Twenty-Thousand; in Pe∣ricles's, they were not so many, as appears from Plutarch (a); and when Demetrius the Phalerean was their Governour, they exceeded their first number under Cecrops only by One-thousand, at the same time the Forreigners were Ten-thousand, and the Slaves Four-hundred-thousand, as appears from a Poll instituted at the command of Deme∣trius, and mention'd in Athenaeus (b).

Whence it is evident, that the Encrease of the Athenians themselves was very inconsiderable, but those growing Numbers of Inhabitants, that swell'd the City to that Bigness, to which it was extended in after-Ages, were either of Slaves, or Strangers, that for the advantage of Trade, or other Conveniences, came, and settled themselves at A∣thens; and of these two Sorts, in the time of Cecrops, it is probable there were few or none, because through the Scarcity of Men in his new-form'd Government, for the encouragement of Forreigners to settle there, he was forc'd to allow them the same Privileges, that were en∣joy'd by the Natives.

And for several Ages after, it was no difficult Matter to obtain the Freedom of the City; but when the Athenian Power grew Great, and their Glorious Actions rendred them Famous thro' all Greece, this Pri∣vilege was accounted a very great Favour, and granted to none but Men of the greatest Birth, or Reputation, or such as had perform'd some Notable piece of Service for the Common-wealth. Nor was it without much difficulty to be obtain'd even by them; Menon the Pharsalian, who had sent the Athenians a Supply of Two-hundred Horse, in the War against Eon, near Amphipolis, desired it, and was rejected. And Perdiccas, the King of Macedonia, after having assisted them against the Persians, could obtain no more than a bare 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Immunity from Tribute paid by those that Sojourned amongst them, but no right of Suffrage, or other Privileges common to the Free-men.

But this peremptory Stifness, which Success and Victory had put into them, did not always make them so Obstinate, nor hinder but that

many Worthies, tho' neither equal in Birth, or Fortune to the former, were enroll'd amongst the Citizens, such were Hippocrates the Physi∣tian, Eurysaces the Son of Ajax, with many others, beside the whole City of the Plataeans, to which they granted Freedom, for their ••ignal Services in the Persian War. But by these Grants, tho' the number of the Citizens may be said to have been Encreas'd, yet nothing was added to the number of the Inhabitants, which remain'd still the same, because the Persons thus admitted, seldom made use of their Privilege, and Sued for it rather as a Title of Honour, than with a design to be any ways Advantag'd by it.

This Title could not be conferr'd upon any man, without the Con∣sent of Six-thousand Citizens at the least. And for fear the Authority, or Interest of any Person should sway them to Comply with such Requ••sts against their Inclinations, they gave their Votes privately, by casting little Stones into Urns, plac'd on purpose in their Assemblies by the Prytanes, who were also oblig'd to provide a sufficient Number of Stones for the Suffragants; Nay, farther, till all had done Voting, the Strangers that Petition'd for Freedom were not permitted to come into the place of the Assembly. And after all this, if any one ap∣pear'd to be Undeserving of the Honour, they had conferr'd upon him, an Appeal might be made to the Court; which had Power to enquire into the Lives and Conditions of these Persons, and deprive such as they sound Unworthy, by recalling the Freedom, which had been granted thro' the Ignorance, and Inconsideration of the Mul∣titude; and this Disgrace befel Pytholaus the Thessalian, and Apollo∣nides the Olynthian (a).

The manner of Admission was by declaring that such an one was incorporated amongst the Denizons of Athens, and invested with all the Honours, Privileges, and Immunities belonging to them; and had a Right to partake of, and assist at the performance of all their Holy Rites, and Mysteries, except such as were appropriated to ce••tain No∣ble Families, such as were the Eumolpidae, Ceryces, Cynidae, which had certain Priesthoods, and Holy Offices peculiar to themselves; except also the Offices of the Nine Archons, which none but Free-born Athe∣nians were allow'd to Execute; Lastly, they were admitted into a certain Tribe, and Hundred, and so the Ceremony ended (b).

Free-born Athenians were those that had both, or one of their Pa∣rents an Athenian; and Aristotle tells us, that in several Common-wealths, at the first, Those were accounted Free, that were born of a Free Woman; but when the Number of Inhabitants increas'd, such only were esteem'd Free, as were descended from Parents, that were both Free (c). And so it c••me to pass in Athens; for Pericles, when he flourish'd in the State, and had Sons Lawfully begotten, propos'd a Law, that those only ••••ould be reputed true Citizens of Athens, who were Born of Parent••, that were both Athenians; and having pre∣vail'd

with the People to give their consent to it, little less than Five-Thousand were depriv'd of their Freedom, and Sold for Slaves, and those, who enduring the Test, remain'd in the Government, and past Muster for True-born Athenians, were found in the Poll to be Four∣teen-thousand and Forty Persons in Number. But Pericles himself af∣••erwards having lost all his legitimate Sons, so far perswaded the A∣thenians, that they cancell'd the Law, and granted that he should Enroll his Bastard-Son in the Register of his own Ward, by his Paternal Name; thinking that by those Losses he had been sufficiently Punish'd for his former Arrogance and Haughtiness, and therefore being of Opi∣nion, that he had been Shrewdly handled by the Divine Vengeance, of which he had run so severe a Gantlope, and that his Request was such as became a Man to ask, and Men to grant. Thus Plutarch (a).

But those that were only of the Half-blood, when they were in∣••ested with Freedom, were always reputed Inferiour, and less Ho∣••ourable then those that were of the Whole; and several Marks, and Customes they had to distinguish them from the others, as particu∣••arly, that those who had but one Parent, an Athenian, were not al∣••ow'd to Exercise themselves in any of the Gymnasia, that were ••requented by those, who had both; but only at the Cynosarges, a Place ••ithout the City; and that this was esteem'd a Mark of Disgrace, ••s evident from the Practise of Themistocles, who was but of the Half-••lood of Athens, and to take away, or, at least, lessen this Distin∣••tion, us'd to Engage the Noble Athenians to go, and perform their Exercises with him (b). In the same Place, there was a Court of Judi∣••ature, where Persons suspected of Illegitimacy were Tryed, and ••hose that were found Guilty, depriv'd of the Freedom they Falsly pre∣••ended to, and Sold for Slaves.

Cecrops, after he had settled a Form of Government amongst the Athenians, for the better administration of Justice, and the preven∣••ion of Deceit, and over-reaching one another in Commerce, di∣••ided them into Four 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Tribes; each Tribe, he subdivided ••nto three Parts, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and each of ••hese into Thirty 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Families, which, because they consisted ••f Thirty Men, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and they that were Mem∣••ers of these, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, not from any ••elation to one another, but only because they liv'd in the same ••urrough, and were Educated together, and joyn'd in one Body, or ••ociety; the same Persons were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because they participa∣••ed of the same Sacrifices, and Worshipp'd the same Gods together, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which, tho' it properly signifies only the Mysteries of ••acchus, yet is often taken for the Ceremonies us'd in the Worship of ••ny other Deity (c).

The names of the Tribes were these, 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from Cecrops, for ••t was usual with the Ancients, out of an earnest desire of continuing

their memories to Posterity, to call Cities, or Countries, or any Mo∣numents, that seem'd likely to remain to succeeding Ages, by their own Names. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from a King of that Name, reported by some to have reign'd in some part of Attica before Cecrops; or rather from the Name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in which the Athenians gloryed not a little. 3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from Actaeus, or Actaeon, another of the Kings before Cecrops; or from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifies a Shore, because a great part of Attica, and that in particular, where this Tribe inhabited, lay towards the Sea, and this was the reason, why the whole Countrey was sometimes call'd Acte. And the same Cause is given, for the Name of the Fourth Tribe, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from it's near∣ness to the Sea.

In the Reign of Cranaus, new Names were impos'd upon them, and they were call'd, 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the King's Name. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from a Young Lady, the Daughter of Cranaus. 3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And both these, I suppose, were nam'd from their Situation; the latter being Seated upon a Craggy Shore, and the former in the Inland part of the Countrey.

Ericthonius being advanc'd to the Kingdom, called them after the Names of Iupiter, Minerva, Neptune, and Vulcan, 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

Afterwards under Erectheus, they receiv'd new Names from the Sons of Ion, a Man of great Repute amongst the Athenians, and Ge∣neral of their Armies, as Herodotus reports (b). These Names were▪ 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And of the•••• Names Euripides is to be understood, when he introduces Minerv•• speaking thus of Ion (c),

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

Here, Nurse Creüsa, since this Child by Birth Claims the just Priv'lege of Erectheus Line, Take him to Athens, and Proclaim him King, For he hath just Pretensions to the Crown; His Blooming Courage is a previous Sign, With how much Prowess, Policy, and Art

Greece's Dominions he will Sway, the Gods Shall bless him with Four Sons, by whom in Tribes High Seated Athens shall divided be, And bear her sev'ral Names deriv'd from Them.

Mr. Abell.

And Herodotus (a), and Pollux are of the same Opinion, tho' they are herein contradicted by others, as we find it in Plutarch, who hath made some alteration in the Names, his Words are these, Some affirm that the Tribes did not take their Names from the Sons of Ion, but from the different sorts of Occupations, that they follow'd; the Soldiers were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the Crafts-men, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and of the remaining three, ••he Farmers, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the Shepherds, and Grasiers, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b).

Afterwards, when the number of Inhabitants was encreas'd; Clisthe∣nes having first advis'd with Apollo's Oracle, as it was usual to do in every Concern of moment, alter'd the number of the Tribes, encreasing them from Four to Ten, and gave them new Names, taken from cer∣tain Ancient Heroes, all Born in Attica, except Ajax, the Son of Te∣lamon, to whom he gave a Place amongst the rest, as being a Neigh∣bour, Friend, and Companion in the Wars (c), for, as Homer re∣ports, Ajax's forces were joyn'd to those of Menestheus, the Athenian General,

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

Twelve Ships from Salamis Stout Ajax brought, And rank'd his Men, where the Athenians Fought.

Mr. Creech.

And Plutarch reports, that when the Athenians, and Megarensians, both made pretensions to Salamis, and Chose the Spartans to decide the Controversie, these Lines of Homer being produc'd by Solon, did the Athenians a considerable Kindness, serving very much to strengthen their Title to that Iland. To return, these Heroes, from the Name they gave to the Tribes, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and were Honour'd with Statues, erected near the Senate-house. Their Names are recorded by Pausanias, and are these, Erectheus, Cecrops, Aegeus, Pandion, Aca∣mas, Antiochus, Leo, Oeneus, Hippothoon, Ajax. And the Names of the Tribes are these, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Afterwards when Antigonus, and Demetrius free'd the Athenians from the Macedonian Slavery, they augmented their Tribes, adding Two to their former Number, which in Honour of their Deliv••rers, they call'd from their Names, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (d). But the Gra∣titude of the Athenians being no longer liv'd, than the good For∣tune, and Successes of those Two Princes, the Tribes soon chang'd

their first Names, for those of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the former of which was deriv'd from Attalus, King of Pergamus; the latter, from Ptolemee, King of Aegypt, from both of which the Athenians had re∣ceiv'd some signal Favours (a).

This was the constant Number of the Athenian Tribes, which lasted as long as the City maintain'd it's Liberty, and Form of Government. Each of these was at the first divided into Thirty 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, every one of which consisted of Thirty Men (b). And the better to maintain a mu∣tual Correspondence, and for the promotion of good Fellow-ship, and Kindness amongst them, they had publick Feasts, first instituted by Solon, where they all met together, and made Merry (c). These Meetings were Nam'd from the Persons assembled at them, for is 〈◊〉〈◊〉 whole Tribe came together, then they call'd it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; if onely one 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, then it was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; or if a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, it wa•• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

These 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were little Burroughs in Attica, several of which belong'd to every Tribe, and tho' they were reckon'd together in the Business of the Common-wealth, yet had separate Habitations, and distinct Rites and Ceremonies in the performance of Holy Worship; nay, and different Gods too, for each of them ador'd peculiar Deities, and yet all una∣nimously agree'd in Worshipping Minerva, who was the Tutelar God∣dess of the whole Countrey, whereas the other Deities had only certain Parts assign'd them, and in those they were inferiour to Minerva, the only supreme Governess. And this Difference in Religion was very Ancient, being of no less Duration, than the Common-wealth it self, for when Theseus had prevail'd upon them to leave their Countrey-Seats, and Unite themselves in one City, they thought it would be an impious and unpardonable Action to desert the Gods of their Ance∣stors, and therefore Judg'd it convenient, and more agreable to the Respect due from them to their Tutelar Deities, to pay them the same Honours, and frequent the same Places of Worship, they had former∣ly done (d).

The greatest use we have of these 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is in their Forms of Law, and Contracts, whereby sufficient Provision was made against all Fraud, Deceit, and Mistakes. Hence we read of such punctual Clauses in their Writs, as these, N. the Son of N. of the Tribe of Aeantis, of the Burrough of Rhamnus, &c.

The Number of them was an Hundred-seventy-four (e), some of which having the same Names, were distinguish'd by their Situation, being call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Upper, and Lower. All of them were divided into Greater, and Less; th•• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Less, were these (f), Alimusians, Zoster, Prospaltians, A••••gyrasians, Cephale, Pra∣sieis, Lampreis, Phyleis, Myrrhimisians, Ath••••nians, Acharnae, Mara∣thon,

Brauron, Rhamnus. The rest were Greater; take them promi∣scuously according to their Tribes.

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

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

• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Besides these, there were several other Burroughs, of which it is uncer∣tain, what Tribe they belong'd to, such are these;

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• ...

• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,
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• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. &c.

CHAPTER X. Of the Sojourners, and Servants, in Athens.

THE Second sort of the Inhabitants of Attica, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, by which Word were signified Persons, that came from a Forreign Countrey, and settled in Attica, being ad∣mitted by the Council of Arcopagus, and enter'd in a publick Register. They differ'd from the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Citizens, because they were not Free-born Athenians, but either came from another City themselves, or were Descended from such as did; and from the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Strangers, because these took up their Lodgings only for a short Time, whereas the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 had six'd Habitations, and constantly resided upon the Place, whither they had transplanted themselves.

They were permitted to dwell in the City, and follow their own Business, without disturbance, but could not Serve in any publick Office, give their Votes in the Assemblies, or have any Share in the Government; but were oblig'd to sit still, as Spectators in a Theater, without intermedling, or any way concerning themselves with State-Affairs, and patiently submit to the Decrees enacted by the Citizens, and observe all the Laws and Customs of the Countrey. And there∣fore Aristophanes in Suidas, compares them to Chaff, as being an un∣profitable and useless Part of the Common-wealth,

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

The Sojourners (if I may speak my Mind) Are, as it were, the City's Chaff, and Scum.

(Mr. Abell.)

They were not allow'd to Act any Thing, or manage any Business in their own Names, but were oblig'd to Choose out of the Citizens one, to whose Care and Protection they committed themselves, and whose Duty it was to Defend them from all Violence, and Oppression. An hint of this we have in Terence's Eunuchus, where Thais puts her self into the Hands of Phaedria's Family,

— CH. Tum autem Phaedriae, Meo fratri, gaudeo amorem esse omnem in tranquillo 〈◊〉〈◊〉 domus, Thais patri se commendavit, in clientelam & fidem Nobis dedit se — (a).

My Brother's good Success in his Amour, Doth glad my Soul, for Thais now's his 〈◊〉〈◊〉, Since the Protection of her self she leaves To my old Father's care, and managemen••▪

Mr. Abell,

The Person, to whom they committed themselves, was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and might Demand several Services of them, i•• which if they fail'd, or if they neglected to Choose a Patron, a Law-Suit was commenc'd against them, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and their Goods were Con∣fiscated.

In consideration of the Privileges 〈◊〉〈◊〉 ••••em, the Common-wealth required them to perform several Duties; for instance, in the Panathenaea, a Festival celebrated i•• Honour of M••nerva, the Men were oblig'd to carry certain Vessels, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Women 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Water-Pots, and therefore the Men are sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by the Comedians, and the Women 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Beside t••is, the Men paid an annual Tribute of Twelve Drachms, tho' Hesychius mentioneth Ten only, and the Women that had no Sons, were liable to be Taxed Six; but such as had Sons that paid, were excus'd. This Tribute was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and was ex∣acted not only of those that dwelt in Athens, but of all such as settled themselves in any Town of Attica, as appears from the instance given us by Lysias (b) in Oropus, which was an Athenian Town, Situated upon the confines of Boeotia. About the time of Xerxes's Invasion upon Greece, Themistocles having by his eminent Services rais'd him∣self to a great Power in the Common-wealth, prevail'd so far upon the Athenians, that they remitted this exaction, and continued the Sojourners, in the enjoyment of their Privileges, without requiring any such acknowledgment from them (c). How long they enjoy'd this Immunity, I cannot tell, but it is certain they kept it not long, and probably it might be taken from them, and the Act repeal'd, as soon as Themistocies fell into Disgrace. Upon non-payment of this Imposition, the delinquent was immediately seiz'd by the Tax-masters, and carryed away to the Market set apart for that Purpose, (call'd by Plutarch 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (d), and by Demosthenes (e) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where they were expos'd to Sale by the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which were Officers concern'd in the publick Revenues. And this Fate had the Famous Phi∣losopher

Xenocrates undergon, had not Lycurgus rescued him out of the hands of the Officers, as Plutarch reports (a): Diogenes Laertius (b) tells us, he was actually Sold, because he had not wherewithal to pay the Tri∣bute, but was redeem'd by Demetrius the Phalerean, who because he would not Violate the Laws of the City, nor yet could endure to see so great and worthy a Person reduc'd to so miserable a Condition, restor'd him his Liberty, and paid for him what the Tax-masters demanded.

But tho' these Men were incapable of having any Preferment, or bearing any Office in the Common-wealth, yet they were not wholly Destitute of Encouragements to the Practice of Vertue, and the un∣dertaking of Noble Actions, and being serviceable to the Publick. For such as signaliz'd themselves by any notable Exploit, were seldom pass'd by neglected, or unrewarded; but were taken into public•• Consideration, and by a special Edict of People, Honoured with an Immunity from all Impositions, Taxes, and other Duties, excep•• such as were required of the Free-born Citizens, and therefore they call'd this Honour 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Persons that enjoy'd it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 because they did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, pay only an equal Proportion with the Citizens. This was a sort of an half Freedom, being th•• same with what we sometimes find call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, of which I hav•• spoken already, and was granted to Forreigners, that had deserved well of the Publick, but not merited enough to be Enroll'd amongs•• the true Citizens; an Instance of which we have in Perdiccas, King of Macedon, and sometimes in whole Cities and Common-wealths, that had by some special Service demonstrated the Kindness, and good Affection they bore to Athens; two examples of this we have in the Thebans, and Olynthians in Theophrastus, as he is Cited by Suidas, to whom with Harpocration, and Hesychius, we are oblig'd for this Account.

I proceed in the next place, to speak of the Third, and most nume∣rous part of the Inhabitants of Attica, I mean the Servants, of which there were Two sorts, the First was of those, that thro' Poverty were forc'd to Serve for Wages, being otherwise Free-born Citizens, bu•• not having any Suffrage in publick Affairs, by reason of their Indi∣gency, it being forbidden at some times (for this Prohibition was no•• perpetual) that Persons not having such an Estate, as was mention'd i•• the Law, should have the Privilege of giving their Voices. The•••• were properly call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c), and were the most Gen∣teel sort of Servants, being only in that State during their own pleasure▪ and necessities; and having Power either to change their Masters, o•• (if they became able to subsist by themselves) wholly to release them∣selves from Servitude.

The Second sort of Servants, were such, as were wholly in the Powe•• and at the Disposal of their Lords, who had as good a Title to them, 〈◊〉〈◊〉 to their Lands, and Estates, a considerable part of which they were E∣steem'd. They were wholly at their Command, to be employ'd as the••

saw convenient, in the worst and most wretched Drudgeries; and to be us'd at their discretion, Pinch'd, Starv'd, Beaten, Tormented, and that, in most Places, without any appeal to Superiour Powers, and Pu∣nish'd even with Death it self. And, which yet farther enhans'd the Mi∣sery of their Condition, they had no hopes of recovering their Free∣dom themselves, or procuring it for their Posterity, but were to con∣tinue in the same Condition, as long as they liv'd, and all the Inhe∣ritance they could leave their Children (for their Masters not only allow'd, but encourag'd them to Marry, that they might encrease in Number) was the Possession of their Parents Miseries, and a Condi∣tion scarce any way better than that of Beasts.

The Ancients were very sensible of the hard Usage Slaves m••t with; and the earnest desire of Liberty, that reign'd in their own Breasts, and made them always forward to expose their Lives in the Defence of it, was a sufficient Cause to beget in them a Jealousie of the like in other Persons; Men being generally very apt to suspect others of the same Passions and Inclinations, which themselves have been guilty of. And we find them very Industrious to prevent, and suppress all such motions, by keeping the Slaves at a very great Distance from them, by no means Condescending (I speak of the generality of them) to familiar Converse, much less to Jest with them; by instilling into them a mean Opinion of themselves; debasing their Natures, and ex∣tinguishing in them (as much as possible) all sparks of Generosity, and Manhood, by an illiberal Education, and accustoming them to Blows, and Stripes, which they thought were very disagreeable to In∣genuous, and Free-born Natures; and subduing them with hard La∣bour, and Want; and, in short, by using them almost in the same manner, nay, sometimes worse, than we do Brute Animals. A suf∣ficient proof whereof (were there no more) we have in the Famous Roman Cato, a Man celebrated in all Ages for his exact observance of the nicest Rules of Justice, nor doth it at all Invalidate the Evidence, that this was done by a Roman, since both at Rome, and in Greece, and most other Civiliz'd Countreys, the usage of Slaves seems to have been much what the same, some few Alterations excepted. This Cato, (Plu∣tarch tells us) when his Servants grew Old, and unfit for Labour, notwithstanding they had been very Faithful, and Serviceable to him, and had spent their Youth, and Strength in Labouring for him; for all this, when Years came upon them, and their Strength fail'd them, ••he would not be at the charge of maintaining them, but either turn'd them away, unable to provide for themselves, or let them Starve to Death in his own Family (a). It is true, this Barbarity was not Pra∣ctis'd in all Places, and my Author thinks the Censor blame-worthy for it, imputing it to a Savage and Unnatural Temper; yet hence appears the miserable Condition of Slaves, that were forc'd to undergo the most Arbitrary, and unjust Impositions of the Cruellest and most Barbarous Tyrants. Now the better to show you what State they were

in, I will give you a Tast of the constant Behaviour of their Masters towards them in a few instances, which were not the effects of the Pas∣sion, Pride, or Humour of private Persons, but the common and ge∣neral Practice of the whole Countrey.

It was accounted an unsufferable piece of Impudence, for a Servant to Imitate the Free-men in any thing, or affect to be like them in their Dress, or any part of their Behaviour. In those Cities, where they let their Hair grow long, for a Servant to have long Hair, was an unpardonable Offence, insomuch that the Comedian, speaking it Pro∣verbially of one that does, what becomes him not, says,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

Then you disdaining your own State, affect To wear long Hair, as Free-men. —

(Mr. Abell.)

They had a peculiar Form, after which they cut their Hair, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which they laid aside, if ever Fortune was so propitious, as to restore them their Liberty. Now because Slaves were generally Rude and Ignorant, therefore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was Proverbially apply'd to any Dull, Stupid Fellow (b). The Garments also of Slaves were different from those of Free-men; for the Free-men's Coats were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had two Sleeves; whereas those of Slaves were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had only one Sleeve (c).

At Athens, it was common to be in Love with Boys, Socrates, and Plato's Amours are notorious enough, and Solon himself was too weak to resist this Passion, but thought it neither unlawful, nor Scanda∣lous, but on the contrary Honourable, and well becoming an Inge∣nuous Education; therefore he forbad Slaves, the use of this Plea∣sure, as it were inviting the Worthy to Practice, when he com∣manded the Unworthy to forbear, says Plutarch (d). The same Law∣giver forbad them to Anoint, or Perfume themselves with sweet Odours, allowing those pieces of Gentility, only to Persons of better Birth, and Quality.

Slaves were not permitted to Communicate at the Worship of some of the Deities, but were accounted Unholy, and Prophane; and thought to be Offensive to the Gods, and to Pollute the Worship by their Presence; as for instance, at the Worship of the Eumenides, or Furies, at Athens; and Hercules, at Rome. Of which I shall have oc∣casion to speak something more hereafter.

Their Education was quite different from that of Free-born Children, these were instructed in all the Liberal Arts; the others only taught how to Obey, and Drudge in their Masters Business. And whereas the common method was, to win those of Ingenuous Birth by gentle means into a performance of their Duty; the manner of Tu∣touring Slaves, was the same that they us'd to Tame Wild Beasts, namely, Stripes, and the Cruellest Severity. For all this, there

wanted not some, whom Nature had Bless'd with a more happy Geni∣us, and a larger share of Parts than the rest, and Fortune directed to Kind and Gentle Masters, that by their great Improvements in Learn∣ing, and Wisdom, were a sufficient evidence, that Nobility of Soul, and Greatness of Understanding are not confin'd to any Rank, or Quality, but that even the meanest and most abject Persons may dive into the most hidden Secrets of Nature, and be admitted to the most intimate Converse with the Muses. Poor deform'd Aesop, and the Poet Alcman (a), are undeniable proofs of it, and (to mention no more) Epictetus, the Famous Moralist, confirms the same, of whose Poverty, and Servile condition we have mention in this Epigram,

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

The Gods to me great Favours do dispence, Tho'n Bondage, Crippled, and in Indigence.

Mr. Abell.

They thought it a piece of Presumption, as detracting something from the Free-born Citizens, to call Slaves by any Name, that was in use amongst them; But if any man was so Bold, as to give his Servant the Name of a Person of Quality, or Honour, it was a signal Affront; Domitian is said to have Punish'd Metius Pomposianus, for calling his Slaves by the Illustrious Names of Hannibal, and Mago; and, to come nearer to our purpose, the Athenians enacted a Law, that no Man should presume to call any of his Servants by the Names of Harmodius, and Aristogiton, two Famous Patriots, that with Courage and Reso∣lution oppos'd the Tyranny of Pisistratus's Sons (b). For the most part, as Strabo reports, they were call'd after the Names of their Native-Countries, as 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, if they were Born in Lydia, or Syria; or, by the Names, that were most us'd in those Nations, as Manes, or Mi∣das in Phryg••a; or, Tibias in Paphlagonia. The most common Names in Athens were Geta, and Davus, being taken from the Getes, and Daci, whom my Author thinks to have been formerly call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Davi (c). They seldom consisted of above two Syllables, and there∣fore Demosthenes having objected to Aeschines, that his Father was a Slave, tells him farther as a proof of what he had affirm'd, that he had falsified his Name, calling him Atrometus, whereas in truth it was Tromes (d). The reason of this seems to have been, that their Names, being short, might be more easily and quickly pronounc'd. Upon the same account, Oppian advises to give Dogs short Names,

— 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e).

Let Hounds that are design'd for Game, and Sport, Have Names impos'd that ••asie be, and short; Least at the Hunts-man's call they trace in vain, And run with open cry confus'dly o're the Plain.

Mr. Abell.

Above all things, especial care was taken that Slaves should not wear Armour, which (considering the number of them, that was usually almost Twenty times as great as that of the Citizens) might have been dangerous to the Publick. For this reason it was not usual for them to Serve in the Wars, and therefore when Virgil speaks of such an one's assisting in the War of Troy, he tells us, it was contrary to Law, or Custom,

— Vix unus Helenor, Et Lycus elapsi, quorum primaevus Helenor; Maeonio regi quem serva Lycimnia furtim Sustulerat, vetitisque ad Trojam miserat armis (a).

Scarce Lycus and Helenor 'scap'd away From the sad Ruins of that dismal Day. Against th' enacted Law for Slaves, in Arms Helenor had Stole of to War's Alarms, For he a Spurious Issue was brought forth By a Bond-woman of Plebeian Worth To the Maeonian King. —

Mr. Abell.

Only upon some emergent and extraordinary Occasions, we find the Slaves Arm'd in the Defence of their Masters, and themselves; but this was never done except in Cases of most extreme Danger, when all other means of preserving the Common-wealth were taken away; and the first time it was practis'd, is said to have been when the Persians under Darius invaded the Athenians, and receiv'd a total Overthrow by them in Marathon (b). The like was afterwards put in Practice by other Common-wealths, but not without great Caution; Cleomenes, King of Sparta, being sore press'd by the Macedonians, and Achaeans, and finding himself unable to make Head against them, Arm'd Two-thou∣sand of the Helotae, or Lacedaemonian Slaves, that he might make a fit Body to Oppose Antigonus's Leucaspidae, or White Shields; but ventur'd not to List any more of them, tho' Laconia was at that time Furnish'd with much greater Numbers (c). And their Prudence in this Case de∣serves Commendation, for having exasperated them so much by their hard Usage, they had no reason to expect any Mercy from them, if ever they should get the upper hand. And to me it seems not much less than

a Miracle, that Four-hundred-thousand Men should groan under the Oppression of Twenty, or Thirty-thousand (for those, I have told you already, were the Numbers of the Slaves, Citizens, and Sojourners, in At∣tica) without ever (some few times excepted) attempting to assert their Liberty; when 'tis evident, they wanted not strength to turn the State upside down; and impossible, but that they might have met with many Opportunities, especially in times of War, Sedition, and Tu∣mults, in which the City was continually embroil'd, to accomplish such a design. But this must be ascrib'd partly to the watchful Eye, their Masters, and the whole State had upon them; and partly, to that Cowardise and Degeneracy, which usually in a great measure cor∣rupt and debase the Minds of those, that Fortune has plac'd in a servile Condition, however Noble and Daring they be by Nature; for it is a true saying of Homer,

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

True Valour n'ere can animate that Mind, Whose inbred Seeds by Slav'ry are confin'd.

Mr. Abell.

But neither the Care of the State, nor the great Power that Oppression has to debase Men's Souls, could always keep them in Subjection; but Nature sometimes would exert it's self, when either a fair Opportunity invited, or some insufferable Oppression compelled them to endea∣vour the Recovery of their Liberties, that is, their Lives, their For∣tunes into their own Hands. Athenaeus reports, that in Attica they once seiz'd upon the Castle of Sunium, and committed Ravages through∣out the Countrey; and at the same time made their second In∣surrection in Sicily, for in that Countrey they frequently Rebell'd, but were at last reduc'd with great Slaughter, no less than a Million of them being Slain (a). Several other efforts we find made by them in other Places, to the great danger, and almost utter subversion of those Countries. Sometimes, in times of War, the Slaves would run over to the Enemy, and this Desertion they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b), which, excepting Theft, a Crime almost peculiar to them, was the most common Offence they committed, being in most Places the only way they had to deliver themselves; but if they were taken, they were made to pay dearly for their desire of Freedom, being bound fast to a Wheel, and Unmercifully beaten with Whips, as the Come∣dian tells us,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c).

If wretched Slaves harrass'd, and weari'd out Under the Thraldom of dire Servitude, Should but anticipate sweet Freedom's Joys, And make Revolt to their more gentle Foes, Fast to a Wheel being bound with Cords, they're Whipt.

Mr. Abell.

The same Punishment was inflicted on them for Theft, as we learn from Horace (a),

Non furtum feci, nec fugi, si mihi dicat Servus, habes pretium, loris non ureris, aio.

Suppose, my Slave shou'd say, I neither Fly Nor Steal: Well, thou hast thy reward, say I, Thou art not Scourg'd. —

Mr. Creech.

Sometimes they were rack'd upon the Wheel, (a Cruelty never pra∣ctis'd upon any Free-born Person) to Extort a Confession from them, when they were suspected to have been Accessory to any Villainous De∣sign, as Aristophanes informs us in his first Comedy, where one says to a Slave,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. —

We ought to Wrack you with incessant Pain, To force you to reveal your Rogueries.

Mr. Abell.

The common way of correcting them for any Offence, was to Scourge them with Whips, wherefore a Villain, that had been guilty of any Crime that deserv'd Punishment, was said 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to stand in need of, and, as it were, Itch for a Scourge. Sometimes to prevent their shrink∣ing, or running away, they were tied fast to a Pillar; and therefore Hyperides in Pollux saith, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. For so, I think, that place ought to be read, and not, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. (b). As the Vulgar Editions have it.

If they stood guilty of any notorious Offence, they were Con∣demn'd to Grind at the Mill, a Labour exceeding toilsom in those Days, when they were forc'd to beat their Grain into Meal, being un∣acquainted with the easie way of Grinding, that is us'd amongst us, and was the invention of later Ages. And therefore when they had a mind to express the greatness of any Labour, or Toil, it was usual to compare it to Grinding in a Mill, Tibi mecum erit, Crasse, in eodem pistrino vivendum, says Tully (c), that is, You and I, Crassus, must undergo the same troublesom course of Life. But beside the Labour

they were put to, they were beaten with Rods, or Scourges, sometimes, if their Offence was very great, to Death, as we learn from Terence, the Scene of whose Drama is laid in Attica,

Verberibus caesum te in pistrinum, Dave, dedam usque ad necem (a).

I'll have you flea'd, you Villainous Curr, to Death.

Mr. Abell.

Or else, as others understand this Place, they were Condemn'd to that Punishment, as long as they liv'd.

These Mills, were call'd in general 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which Word, because of the Cruelty exercis'd upon poor Slaves there, Pollux tells us, was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Unlucky, or Inauspicious, and not to be nam'd, and therefore calls it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. They had several Names from the different Sorts of Grain, that was ground in them, as, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whence comes the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to examine upon the Rack, as was usual in that Place (b).

Beside this, they Stigmatiz'd them, in the Fore-head, for the most part, and sometimes in other places, for, as Galen observes (c), it was Customary to Punish the Member that had O••fended, if the Slave was a Glutton, his Belly must suffer; if a Tell-tale, his Tongue must be cut out, and so of the rest. The common way of Stigmatizing was by burning the Member with a red-hot Iron, upon which certain Letters were Engraven, till a fair Impression was made, and then pouring Ink into the Furrows, that the Inscription might be the more conspi∣cuous and legible. Persons thus us'd, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saith Pollux; or Attagae, because that Bird was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, of divers colours, as Aristophanes tells us (d). Pliny calls them Inscri∣pti (e); and others Literati, as Plautus,

— sic hic literatus me sinat (f).

And what the same Author means by Trium literarum homo, no man can be ignorant. This Punishment was seldom, or never inflicted upon any, but Slaves, and with them it was so frequent, that the Samians, when they gave a great number of Slaves their Liberty, and admitted them to Offices in the State, were branded with the Infamous name of Literati,

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

The Samian People (Fy for Shame) For store of Letters have great Fame,

Dr. Littleton.

Saith Aristophanes in Plutarch (g); tho' others, and amongst them Plu∣tarch himself, assign different Reasons for this Appellation (h). This

was the greatest mark of Infamy, that could be inflicted on them, and therefore Phocylides advises to forbear it, even in Slaves,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

Brand not your Slave with Characters of Infamy.

On the contrary in Thrace, Herodotus tells us, it was accounted a Badge of Honour, and us'd by none but Persons of Credit, nor omitted, but by those of the meanest Rank (b).

At Athens, Slaves had a little more Humanity shown them, than in most other Places, for if any of them were grievously Oppress'd, they were allow'd to fly for Sanctuary to Theseus's Temple, whence to force them was a piece of Sacrilege (c). And those that had been Barbarously treated by their Masters, had the Privilege of commencing a Suit at Law against them, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the former of which was against such, as had made any violent Attempts upon the Chastity of their Slaves; the latter against those, that had us'd too much Severity in Punishing them; and if it appear'd, that the Complaint was reasonable and just, the Master was oblig'd to Sell his Slave.

Beside the being deliver'd from the injurious Treatment of Tyrants, the Slaves at Athens had a great deal the Advantage of their Brethren in other Places, in many Respects; they might use their Tongues with far greater Freedom, as appears every where from the Come∣dies of Aristophanes, Plautus, and Terence; and indulge them∣selves in the Enjoyment of a great many Pleasures, that in other Places they had not the smallest Tast of, insomuch that Demosthenes tells us, The Condition of a Slave in Athens was preferable to that of a Free Denizon in some other Cities (d), and Plautus sufficiently testifies the truth of what he saith,

Atque id ne vos miremini, homines servulos Potare, amare, atque ad coenam condicere; Licet hoc Athenis — (e).

The Laws at Athens don't our Slaves restrain From Pleasure, Mirth, and Gayety of Life, For they may revel, be inflam'd with Love, And live as much at Ease, as some Free Denizons.

Mr. Abell.

Farther, they were permitted to get Estates for themselves, paying only a small Tribute to their Masters every Year out of them, and if they could procure as much as would pay for their Ransom, their Ma∣sters had no power to hinder them from buying their Liberty, as may be observ'd from the same Author, who introduces a Slave speaking in this manner,

Quid tu me vera libertate territas? Quod si tu nolis, filiusque etiam tuus, Vobis invitis, atque amborum ingratiis, Vna libella liber possum fieri (a).

Pray, Sir, good Words, since nor you, nor your Son Can me my Liberty deny, altho' You pour out Threatnings with such rigorous awe, For if I please, one Pound can me release, And purchase Freedom. —

(Mr. Abell.)

Sometimes, if they had been faithful, and diligent in their Master's Business, they dismiss'd them of their own accord; and upon the Per∣formance of any remarkable Service for the Publick, the State usual∣ly took care to reward them with Liberty. Such of them as were admitted to serve in the Wars, were seldom left in the Condition of Slaves, either for fear the Remembrance of their sormer Oppression might move them to revolt to the Enemy, or raise a Sedition at Home, so fair an opportunity being put into their Hands; or, to animate them with greater Courage and Constancy to oppose the Invaders, when they were to receive so great a Reward for the Dangers they underwent; or, because it was thought unreasonable, that such as hazarded their Lives in Defence of their Country's Liberty, should themselves groan under the heavy Yoak of Slavery, and be depriv'd of even the smallest part of that, which was in a great measure owing to their Courage and Loyalty; for one, I say, or all these reasons, such as upon emergent Occasions took up Arms for the publick Safety, seldom fail'd of having their Liberty restor'd to them. An instance whereof, to mention no more, we have in the Slaves, that behav'd themselves Valiantly in the Sea-Fight at Arginusae, where the Athenians obtain'd a signal Victory against Callicratidas, the Lacedaemonian Admiral; and therefore the Slave in Aristophanes, being almost ready to faint under an heavy Burden, accuseth his own Cowardise, that hindred him from listing himself amongst the Marine-Forces, and thereby recovering his Liberty,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b);

Pox take this Heart, that durst not meet In boist'rous Seas the Spartan Fleet.

Slaves, 〈◊〉〈◊〉 long they were under the Government of a Master, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but after their Freedom was granted them, they were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, not being, like the former, a part of their Master's Estate, but only oblig'd to some grateful Acknowledgements, and small Ser∣vices (c), such as were requir'd of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to whom they were in some few things inferiour; but seldom, perhaps never, arriv'd to the Dignity of Citizens, especially if they had receiv'd their Freedom from a private Person, and not upon a Publick Account; for such

as were advanc'd for Publick Services, seem to have liv'd in greater Re∣pute, and enjoy'd a larger share of Liberty, than others, that had only merited their Freedom, by the Obligations, they had laid upon par∣ticular Persons.

A Tribute of twelve Drachms was exacted of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the same with an addition of Three Oboli was required of the Free'd-men (a). Also they were oblig'd to choose a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who was to be no other, than the Master, out of whose Service they had been releas'd; upon him they attended almost in the same manner with the Roman Liberti, and Clientes; but in Case they behav'd themselves Stubbornly, and Ungratefully towards him, he had power to Arrest them, and carry them before a Judge, by whom, if they were found Guilty, they were depriv'd of their Liberty, and reduc'd to their former miserable Condition; this Suit was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which name was also given to the complaints made by Servants, and Free'd-men against their Masters, and Patrons, which both of them were allow'd to Pre∣fer, if they were not treated with all the Humanity that was thought due to their respective Conditions; but because all the Free'd-men's publick Business, like that of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was to be manag'd chiefly by Proxies; at their restauration to Liberty, both of them had the Pri∣vilege of choosing an 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Curator, who in case his Client receiv'd any Injury from his Patron, was to Defend him, to Appeal for him, and plead his Cause before the Judges, who out of respect to the Patron, were appointed out of his own Tribe (b).

This was the Condition of Slaves in Athens, which, tho' in it self deplorable enough, yet if compar'd with that of their Fellow-sufferers in other Cities, seems very easie, at least tolerable, and not to be repin'd at. I might here give you an account, of the various Conditions of Slaves in the several Countries of Greece, such as the Penestae in Thessaly; the Clarotae, and Mnoïtae in Crete; the Corynephori at Sicyon; the Gymnitae at Argos, and many others; but I shall only at present lay before you the State of the Helotae in Sparta, which, because of the fre∣quent mention made of them in Authors, must not be omitted; and from their Treatment (tho' they were a more Gentile sort of Slaves, and enjoy'd more Privileges (c) than the rest) will appear the Truth of what Plutarch tells us, was commonly said of Sparta, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, That in Sparta he that was Free, was most so; and he that was a Slave, was the greatest Slave in the World (d).

The Helotae were so call'd from Helos, a Laconian Town, Conquer'd by the Spartans, who made all the Inhabitants Prisoners of War, and reduc'd them into the condition of Slaves (e).

The Free-men of Sparta, were forbidden the Exercise of any mean or Mechanical Employment, and therefore the whole Care of supplying the City with Necessaries was devolv'd upon the Helots, the Ground

was till'd, and all sorts of Trades manag'd by them, whilst their Ma∣sters, Gentlemen like, spent all their time in Dancing, and Feasting, in their Exercises, Hunting matches, and the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or places where good Company us'd to meet (a).

But the being Condemn'd to such Drudgeries all their Lives, had been, at least, supportable, had they not been also treated in the most Barbarous manner, abus'd beyond the patience of Man, and often Murder'd without committing any Fault, and without any shew of Justice. And of this the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or secret Law, is a sufficient proof; It was an Ordinance, (these are Plutarch's own Words,) by which those, who had the care of the Young-men, dispatch'd privately some of the ablest of them into the Countrey, from time to time, Arm'd only with Daggers, and taking a little necessary Provision with them; these in the Day-time, hid themselves in the Thickets and Clifts, and there lay close; but in the Night issu'd out into the High-ways, and Murder'd all the Helots they could light upon; sometimes they set upon them by Day, as they were at work in the Fields, and kill'd them in cold Blood, as Thucydides reports, in his History of the Peloponnesian War. The same Author tells us, (saith Plutarch,) that a good num∣ber of them being crown'd by Proclamation, (which was a token of their being set Free) enfranchis'd for their good Services, and led about to all the Temples in token of Honour, disappear'd all of a sudden, being about the number of Two-thousand, and no Man either then, or since could give any Account, how they came by their Deaths. Aristotle adds, that the Ephori, so soon as they were entred into their Office, us'd to declare War against them, that they might be Massacred with a pretence of Law.

It is confess'd on all hands, (proceeds my Author,) that the Spartans dealt with them very hardly; for it was a thing common to force them to drink to Excess, and to lead them in that Condition into their Publick Halls, that their Children might see, What a contemptible and beastly sight a drunken man is. They made them to Dance uncome∣ly Dances, and Sing ridiculous Songs; forbidding them expresly to use any that was Serious, and Manly, because they Would not have them Prophan'd by their Mouths. For this reason, when the The∣bans made an Incursion into Laconia, and took a great number of the Helots Prisoners, they could by no means perswade them to Sing the Odes of Terpander, Alcman, or Spendon, Poets in repute at La∣cedaemon, For (said they) they are our Master's Songs, we dare not Sing them (b).

Having given you a Survey of the usage, Slaves generally met with amongst the Ancients, it remains that I give you an account how they came to fall into this deplorable Condition, from that Liberty, which all Men are by Nature made Masters of. And it seems to have happen'd these Three ways: First, from Poverty, whereby Men being unable to subsist of themselves, and perhaps, deeply in Debt, were ••orc'd to

part with their Freedom, and yield themselves Slaves to such as were able to maintain them; or Sell their Bodies to their Creditors, and pay them in Service, what they were not able to do in Money. Se∣condly, Vast numbers were reduc'd to Slavery by the chance of War, by which the Conquered became wholly at the disposal of their Con∣querors. Thirdly, By the perfidiou••ness of those that Traded in Slaves, who would often Steal Per••ons of Ingenuous Birth and Education, and Sell them. Aristophanes tells us, the Thessalians were notorious for this sort of Villainy,

— 〈 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).

POV. How will you, Sir, get Slaves? CHR. I'll Buy with Coyn. POV. But where? since all the Merchants leave of Sale, Having got Wealth enough. CHR. I'll warrant you, Slave-mongers will come here from Thessaly, Driv'n by hopes of getting more. —

Mr. Abell.

But if any Person were convicted of having betray'd a Free-man, he was severely Punish'd by Solon's Laws, except it were a Daughter, or a Sister, for those they were permitted to Sell, if they had caught them with a Man (b).

At Athens, they had several places in the Forum appointed for the Sale of Slaves, of which I have ••poken already; and upon the first of every Month, the Merchants, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ brought them into the Market, and expos'd them to Sale (c), the Cryer standing upon a Stone erected for that purpose, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and calling the people together (d); whence Cicero opprobriously calls the Tribunes, emp••os de Lapide, because they were suspected to have been hir'd to the management of an Affair (e).

At Athens, when a New-bought Slave was first brought Home, there was an Entertainment provided to welcome him to his new Ser∣vice, and certain Sweet-meats were pour'd upon his head, which for that reason they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (f). But I do not find that this Ceremony was practis'd in other Places; tho' in all Countries, Slaves were Bought and Sold like other Commodities; the Thracians are par∣ticularly remarkable for Purchasing them with Salt, and therefore they were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Eusta••hi•••• adds, that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, signified those, that were Bought at a very low Rate. The Chians

are reported to have been the first that gave Money for them (a); where∣as before, they were usually exchang'd for other Commodities; indeed, the Ancient Trade was wholly manag'd that way; Homer's Heroes are often said to have exchang'd their Captives for Provisions, and parti∣cularly at the end of the Seventh Iliad,

〈 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 〉.

The Grecian Chiefs by bart'ring of their Ware, Their choice Provisions, and their Wine prepare; Some Brass exchange, some Iron, some Beast's hydes, Some Slaves of War, some Cattle. —

Mr. Abell.

Whence it appears, that the Barbarous Oppression, and Cruelty us'd towards Slaves, was not an effect of the Pride of later Ages, but pra∣ctis'd in the most primitive and simple Times; how long it continued, is not certain.

Adrian is said to have been the first, that took away from Masters, the power of putting their Slaves to Death, without being call'd to Account for it. And in the Reign of Nero, and other Cruel Empe∣rours of Rome, the Masters were forc'd to give them Civil Treatment, for fear they should accuse them, as Persons disaffected to the Government.

But the growth of Christianity in the World seems to have put a final Period to that unlimited Power, that Lords i•• former Ages claim'd over their Slaves; for the Christians behav'd themselves with abun∣dance of Mildness, and Gentleness towards them; partly, to encou∣rage them to embrace the Christian Religion, the Propagation of which they aim'd at more, than the Promotion of their own private Interests; and partly, because they thought it Barbarous, and Unnatural, that Persons endu'd by Nature with the same Powers and Faculties, the same Tempers and Inclinations with themselves, should be treated with no more Kindness, than those Creatures, that are without Reason, and have no Power to reflect on their own Condition, nor to be sensibl•• of the Miseries they lie under.

CHAPTER XI. Of the Athenian Magistrates.

THE Magistrates of Athens are divided by Aeschines (a) into Three sorts, the Ground of which Distinction, is taken from the different methods of their Election, and Promotion.

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were such as receiv'd their Dignity from the People, met together in a Lawful Assembly, and were so call'd from the manner of their Election, in which the People gave their Votes by holding up their Hands.

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were those that ow'd their Promotion to Lots, which were drawn by the Thesmothetae, in Theseus's Temple.

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were extraordinary Officers, appointed by the whole Peo∣ple, or particular Tribes, to take care of any Business; such were the Surveyors of the publick Works, and such like.

According to Solon's Constitutions, no Man was capable of being a Magistrate, except he was possess'd of a considerable Estate; but by Aristides's means, the Poorer sort were admitted to a share in the ma∣nagement of the Government, and every Free Denizon rendred ca∣pable of appearing for the highest Preferments. Yet such was the Mo∣desty of the Commons, that they left the chief Offices, and such as the care of the Common-wealth depended upon, to Persons of superiour Quality, aspiring no higher, than the management of petty and tri∣vial Businesses (b).

But tho' no Man's Quality, or Condition, could exempt him from bearing publick Offices, yet his course of Life, and Behaviour might; for if any Man had liv'd a Vitious, and Scandalous Life, he was thought unworthy of the meanest Office; it being improbable that a a Person, that could not behave himself so as to gain Reputation in a private Capacity, should be able to demean himself Prudently and Wisely in a publick Station; or that he, who had neglected his own Concerns, or fail'd in the management of them, should be capable of undertaking publick Business, and providing for the Common-wealth. And therefore before any Man was admitted to a publick Employ, he was oblig'd to give an account of himself, and his past Life, before cer∣tain Judges in the Forum, which was the Place appointed for this Exami∣nation, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c). Nor was this alone thought sufficient, for tho' at this time they past the Tryal with Credit, yet in the first Ordinary Assembly after their Election, they were a second time brought to the Test, when, if any thing Scandalous was alledg'd, and made out against them, they were depriv'd of their Honours (d).

And when their Offices were expir'd, they were oblig'd to give an account of their Management to the Notaries, and the Logistae, which was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and if any neglected to do it, or, had not undergon the former Probation, the People were forbidden, by an express Law, to present him with a Crown, which was the usual Re∣ward of such as had gain'd themselves Honour and Reputation, by ••he careful and wise Management of publick Employments. Also till ••heir Accounts were pass'd, they w••re not permitted to Sue (a) for any other Office, or Place of Trust, or to Travel into any Forreign Coun∣••••ey, or to dispose of their Estates, or any part of them, whether by Will, or Consecrating them to Pious uses, or any other way; but the whole was to remain entire, that in case they should be found to have embezzl'd the Publick Revenues, the City might not loose by ••hem (b).

The Day in which the Magistrates entred upon their Offices, was the ••irst of Hecatombaeon, the first Month in the Athenian Calendar; it was a Solemn Festival, which from the occasion had the Name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and was celebrated with all the expressions of Mirth, and Joy us'd at ••uch publick Days. Also Sacrifices were Offer'd to the Gods by the Senators, and most of the other Magistrates; and Prayers made for the Prosperity of the City, in the Chappel of Iupiter and Minerva, the Coun∣••ellors (c).

CHAPTER XII. Of the Nine Archons, &c.

THE chief of Magistrates of Athens were Nine in Number, and had all the common Name of Archontes, or Rulers. They were elected by Lots, but were not admitted to their Offices, till they had undergone a two-fold Tryal, one in the Senate-house, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and a second in the Forum, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The Questions which the Senate propos'd to them, were such was these, Whether they were descended from Ancestors, that had been Citizens of Athens from three Generations? Of what Tribe, and Hundred they were, and whether they bore any Relation to Apollo, and Iupiter Her∣ceus? Whether they had been Dutiful to their Parents, had Serv'd in the Wars, and had a competent Estate (d)? And, as some are of Opi∣nion, the same Questions were demanded of all the other Magistrates (e).

But what was more peculiar to these Magistrates, was the Oath re∣quired of them, before their Admission, in the Portico, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to this Effect; That they would observe the Laws, and administer Justice without partiality, would never be corrupted by Bribes, or if they were, would dedicate a Statue of Gold to the Delphian Apollo: From thence they went into the Cittadel, and there repeated the fame Oath.

This done, they undertook their Charge, some parts of which were to be executed by them separately, according to their respective Offi∣ces, others equally concern'd them all. They had all the Power of Punishing Malefactors with Death, were all Crown'd with a Gar∣land of Myrtle; they had a joynt Commission for appointing the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by Lots, Electing out of every Tribe one; as also of Constituting the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, of inquiring into the Behaviour, and Management of other Magistrates, and de∣posing such as were by the Suffrages of the People declar'd to be un∣worthy of bearing the Office, that had been committed to them (a). And as a recompence for their Services, they were free from all Taxes, and Contributions exacted of other Citizens for the Building of Men of War, which was an immunity never granted to any besides them∣selves.

And thus much of the Nine Archons in common, I shall now speak of them in particular; only first begging leave to tell you, that con∣cerning the first Original of their Names nothing certain is recorded; but Sigonius conjectures, that the Names of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were in imitation of the chief Magistrates of former Ages, wherein the City was first Govern'd by Kings, and then by Archons; and that of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in memory of the General of the Army, an Officer usually created by the first Kings to assist them in times of War. And the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as their Name imports, seem to have been constituted in be∣half of the People, to protect them in the possession of their Laws and Liberties, from the usurpation of the other Archons, whose power be∣fore Solon's regulation of the Common-wealth seems to have been far greater; and more unbounded, than afterwards; for by that Law∣giver it was Order'd, that their Offices should consist chiefly in these Things, that follow.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, so call'd by way of Eminence, was Chief of the Nine, and is sometimes nam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Year took it's denomination from him. His Jurisdiction reach'd both Ecclesiastical, and Civil Af∣fairs. It was his Business to determine in all Causes betwixt Men and their Wives; concerning Wives brought to Bed after the Death of their Husbands; concerning Wills and Testaments; concerning Dowries, and Legacies; 〈◊〉〈◊〉 take care of Orphans, and provide Tutors, and Guar∣dians for them; to hear the Complaints of such as had been injur'd by their Neighbours; and to Punish such as were addicted to Drunk∣enness; also to take the first cognizance of some publick Actions, such were those they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, of which in their place. He kept a Court of Judicature in the O∣deum,

where Tryals about Victuals, and other Necessaries were brought before him. It was his Duty also to appoint Curators, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to make Provision for the Celebration of the Feasts, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, with some other Solemnities; to take care for the regu∣lation of Stage-plays, and provide Singers, Choristers, and other Ne∣cessaries for them (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had a Court of Judicature in the Royal Portico, where h•• decided all Disputes that happen'd amongst the Priests, and the Sacred Families, such as were the Ceryces, Eteobutadae, &c. to whom certain Offices in the Celebration of Divine Worship belong'd by Inheri∣tance. Such also, as were accus'd of Impiety, or Prophanation of any of the Mysteries, Temples, or other Sacred things were brought be∣fore him. It was his Business to assist in the celebration of the E∣leusinian, and Lenaean Festivals, and all those, in which they ran Races with Torches in their hands, viz. Panathenaea, Hephaestia, and Prome∣thea; and to Offer publick Sacrifices for the Safety, and Prosperity of the Common-wealth; in several of which Duties, he had the Assistance of his Wife, whom they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who, if not descended from a Family that was of the whole Blood of Athens, or had been Mar∣ri'd to another Husband before the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was not duly qualified for her Place by Law. Beside this, he had some concernment in Secular Affairs, for Disputes about inanimate things were brought before him; as also accusations of Murder, which it was his Business to take an Account of, and then refer them to the Areopagites, amongst whom he had a right of Suffrage, but was oblig'd to lay by his Crown, (which was one of the Badges of his Office) during the Tryal (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had under his care all the Strangers, and Sojourners in Athens, and exercis'd the same Authority upon them, that was us'd by the Archon towards the Citizens. It was his Duty to Of∣fer a Solemn Sacrifice to Enyalius, (who is by some taken for Mars, by others for one of his Attendants) and another to Diana, Sirnam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 be∣hav'd themselves in their respective Trusts, when their Offices were expir'd.

The six remaining Archons were call'd by one common Name, The∣smothetae. They receiv'd Complaints against Persons Guilty of false Ac∣cusations, of Calumniating, of Bribery, of Impiety, which also was part of the King's Office, but with this difference, that the Accusers did only 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, inform against the Impious, by word of Mouth at the King's Tribunal, whereas before the Thesmothetae, they did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Exa∣mination of several of the Magistrates perform'd, and the Suffrages in publick Assemblies taken by them. They ratified all publick Con∣tracts, 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.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 (a) tells us, they were sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and others will have them to be the same with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; but these are by Aristotle said to be distinguish'd from them.

CHAPTER XIII. Of the Athenian Magistrates.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Register, to make up the Number; sometimes they were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Prose∣cute them in a Judicial Way.

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

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, seem to have had, in most things, the same Office, with respect to particular Tribes, that the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 had, with respect to the Common-wealth. They were chosen out of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Nobi∣lity, had the care of publick Sacrifices, and other Divine Worship pe∣culiar to their respective Tribes, and kept their Court in the Portico call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and sometimes in the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had in the several 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the same Power, that the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Exercis'd over the whole Tribe.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had the same Offices in the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, took care of their Re∣venues, out of which they paid all the Duties required of them, assem∣bled 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Burroughs 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because each of them was oblig'd, besides two Horse-men, to furnish out one Ship for the publick Service.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Six in Chief, but were assisted by Thirty inferiour Officers, in laying Fines upon such as came not to publick Assem∣blies, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who were certain petty Officers, or rather Ser∣vants, much like the Roman Lictors, and our Sheriff's Livery-men, Bay∣liffs, &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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Sometimes they are call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Name, that was taken from their Offices; sometimes 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from Peusinus, one of the Primitive Athenians, that either first instituted this Office, or gave rules for the Ordering of it; and some∣times 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the Countrey of Scythia, for generally Men of that Countrey were chosen into this Place, as being Brawny, Sturdy Fel∣lows; and therefore one of them is introduc'd by Aristophanes, speak∣ing in an uncouth and Barbarous manner (a). But to return to the

Lexiarchi, They were the Persons that had the keeping of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Officers, whose Business it was to see that both the Magistrates, and Common People liv'd conformably to the Laws, and to Punish the Stubborn and Disobedient (a). To this End in publick Assemblies they had Seats appointed with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that they might be ready to Oppose any Man that should Act contrary to the Laws, and receiv'd Customs, or Promote any thing against the publick Good. As a Token of the Honourable Station they were plac'd in, they always wore a white Ribband in the Solemn Games, and publick Shows, and had Chairs erected for them, over-against those of the Nine Archons.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were a Thousand in Number, their Office was not (as the Name seems to imply) to enact new Laws by their own Authority, for that could not be done without the approbation of the Senate, and the People's ratification; but to inspect the old, and if they found any of them useless, or prejudicial, as the State of Affairs then stood, or Contradictory to another, they caus'd them to be abrogated by an Act of the People. Beside this, they were to take care that no Man should Plough, or Dig deep Ditches within the Pelasgian Wall, to apprehend Offenders, and send them to the Archon.

CHAPTER XIV. Of the Athenian Magistrates.

THE Treasurers, and General Receivers of Athens were of several Sorts; but before I proceed, to give an Account of their Offices, it will be necessary to premise a word or two concerning the publick Revenues; which are by the Accurate Sigonius divided into these four following Sorts;

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, signifie those Revenues that were brought in by Lands, Mines, Woods, and other publick Possessions, set apart for the use of the Common-wealth; and the Tributes paid by the Sojourners, and the Free'd-Servants; as also the Customs required of certain Arts, and Trades, and particularly of Merchants for the exportation, and im∣portation of their Goods.

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were the annual Payments exacted of all their Tributary Ci∣ties, which after Xerxes's Overthrow, were first levy'd by the Athenians, as Contributions to enable them to carry on the War, in case, as was fear'd, the Enemy should make a new Invasion upon them. The first

Collector of this Tax was Aristides, who (as Plutarch reports in his Life) assess'd all particular Persons, Town by Town, according to every Man's Ability; and the Sum rais'd by him, amounted to Four-hun∣dred, and Sixty Talents. To this Pericles added near a Third part, (pro∣ceeds my Author) for Thucydides reports, that in the beginning of the Pe∣••oponnesian War, the Athenians had coming in from their Confederates Six-hundred Talents. After Pericles's Death the Orators and Men Powerful amongst the People, proceeded to encrease it by little and little, till it amounted to One-thousand, and Three-hundred Ta∣lents; and that not so much because of the extraordinary Expensiveness of the Wars, as by exciting the People to Largesses, Play-house-ex∣pences, and the erecting of Statues, and Temples.

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Taxes laid upon the Citizens, as well as Sojour∣ners, and Free'd-Servants, by the Order of the Assembly, and Senate, for the defraying of extraordinary Charges, occasion'd by long and unsuccesful Wars, or any other Means.

4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Fines and Amercements, all which were carried into the Exchequer, except the Tenth part, that was given to Minerva, and the Fiftieth part, which belong'd to the rest of the Gods, and the He∣roes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Having said thus much of the publick Money, I shall now proceed to the Persons, that had the Disposal, and Ma∣nagement of it.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was elected by Lot out of the Prytanes, and had in his Cu∣stody the Keys of the publick Exchequer, which Trust was thought so great, that no Man was permitted to enjoy it above once. Of the rest of the Honours and Offices of this Magistrate I shall speak in another place.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Ten in number, and, together with those that had the care of the Money design'd to be expended upon publick Shows, had the Power of letting out the Tribute-money, and all the Revenues, and Sel∣ling Estates that were Confiscated; all which bargains were ratified in the name of their President. Beside this, it was their Office to Convict such as had not paid the Tribute, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and Sell them by Auction. Under these were certain inferiour Officers, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whose business it was to Collect the publick Money, for such as had Leases of the City's Revenues, whom they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; these were always Persons of good Credit themselves, and beside their own Bonds, were oblig'd to give other Security for the payment of the Money due according to their Leases, in which if they fail'd any longer than till the Ninth Prytanea, they were under a Forfeiture of twice the Principal, to be paid by themselves, or their Sureties, upon neglect of which they were all cast into Prison, and their Estates confiscated (a). After the expulsion of the Thirty Tyrants, certain Officers, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Created, with power to take cognizance of all Complaints about the confiscation of Goods, as appears from an Oration of Lysias in behalf of Nicias.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Officers that Rated all those, of whom Taxes and Contributions were requir'd, according to every Man's Ability, kept the publick Accounts, and Prosecuted such as were behind hand with their Contributions.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Ten General Receivers, to whom all the publick Revenues, Contribution-money, and Debts ow'd to the publick, were paid, which done, they Register'd all their Receptions, and cross'd out of the publick Debt-book, such as had discharg'd their Debts, in the presence of the whole Senate. If any Controversie happen'd about the Money, or Taxes, they had power to decide it, except it was a difficult and knotty Point, or of high Concern, for such they referr'd to the hearing of some of the Courts of Judicature.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a publick Notarie, appointed, at the first institution of the Office, by Election, and afterwards by Lot, to take a Counter-pain of the Accounts of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for the prevention of all Deceit, and Mistakes.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had the same Offices in the Tribu∣tary Cities, that belong'd to the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in their own Territories.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were those that receiv'd the Money due to the City, from Fines laid upon Criminals.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were those that receiv'd that part of the Fines, which was due to Minerva, and the rest of the Gods, which was done before the Senate. They were Ten in Number, were chosen by Lots out of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Nobles, and had power of remitting any Man's Fine, if it was made appear to them, that the Ma∣gistrates had unjustly impos'd it. Pollux tells us, they were the same with those they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and these, as the Scholiast upon A∣ristophanes reports, us'd to receive not only the Money due to the Gods from Fines, but other Incomes design'd for Civil Uses, and particularly the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, distributed amongst the Judges, and there∣fore call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. They were so nam'd q. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because they were a kind of Priests, and us'd to claim as their Due the Reliques of Sacrifices; amongst which were the Skins, and the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Officers appointed upon extraordinary Occasions to enquire after the publick Debts, when thro' the neglect of the Receiv∣ers, or by other means they were run up to large Sums, and began to be in danger of being lost, if they were not call'd in.

The distinction of the Officers hitherto mention'd▪ has been taken chiefly from the different Receptions of the publick Money; I shall proceed in Sigonius's method, and give you an account in the next place of those, that were distinguish'd by the different manners of disbursing it. And to this End, you must know the Publick Treasure was divi∣ded into Three sorts, according to the various Uses in which it was employ'd, the First, they call'd

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being such as were expended in civil Uses.

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, those that were required to defray the Charges of the War.

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, such as were consecrated to pious Uses; in which they included the Expences at Plays, publick Shows, and Festivals, be∣cause most of them were celebrated in Honour of some of the Gods, or in Memory of some deceas'd Heroe; and Pollux tells us, the Money given to the Judges, and the People, that met in the publick Assem∣blies, was call'd by this Name.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, otherwise call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was the principal Treasurer, being far superiour to all the rest in Honour, and Power, created by the People, and continu'd in his Office for Five Years, after which, if he had behav'd himself with Honesty and Inte∣grity, it was an usual thing for him to be elected a Second and Third time.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, seems to have been one that kept a Coun∣terpain of the chief Treasurer's accounts, to preserve them from being falsified, or corrupted.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was the Pay-master General of the Army.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had the disposal of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for the Uses above mention'd. But the greatest and most troublesome part of his Office consisted in distributing them to the Poor Citizens, to buy Seats in the Theater; which Custom was first ••egun and enacted into a Law by Pericles, to ingratiate himself with ••he Commonalty (a); for, as Libanius observes, in the Primitive Ages ••f the Common-wealth, when the Theaters were compos'd of Wood, ••he People, being eager of getting places, us'd to quarrel among them∣••elves, and sometimes Beat and Wound one another; to prevent ••hich inconvenience, it was order'd that every one, before he enter'd ••nto the Theater, should pay two Oboli, or a Drachm, according to Harpocration, for admittance; and least by this means the Poorer sor•• ••hould be depriv'd of the pleasure of Seeing, every Man was allow'd ••o demand that Sum of the publick Exchequer (b).

CHAPTER XV. Of the Athenian Magistrates.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were so call'd from their Office, which was to lay in Corn for the use of the City, and to this end the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was to furnish them with as much Money, as they had occasion for.

Athens was Seated in a barren and unfruitful Countrey, that was no•• able to furnish it's own Inhabitants with necessary Provisions, whereby they were forc'd to ••etch Corn from Forreig•• Nations, and supply their own Wants by the Superfluities of others, and this it was, that caus'd them to institute this Office.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Fifteen in Number, Ten of which Officiated in the City, and Five in the Piraeeus; their business was to take care, that Corn and Meal should not be Sold at too dear a Price, and to appoint the size of Bread. Nearly related to these were the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whose Office was to see, that the Measures of Corn were jus•• and equal.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Ten in Number, Five belonging to the City, and as many to the Piraeeus. Their business lay in the Market, where they had the care of all Vendibles, except Corn; and were especially oblig'd to see that no Man wrong'd, or any way circumvented another in Buying, or Selling (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, wer•• Officers that inspected all sorts of Measures, excep•• those of Corn; there were Five of them in the City, and double tha•• number in the Piraeeus, in which the greatest Mart in Attica was kept.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Officers that belong'd to the Haven; they were Ten in number, and the Chief part of their business was, to take care, that two parts, at least, of all the Corn, that was brought into the Port, should be carry'd into the City, and that no Silver should be exported by any Private person, except such as design'd to Trade in Corn (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had Cognizance of Controversies that happen'd between Merchants, and Mariners, and examin'd Persons, that, being the Children of Strangers both by the Father, and Mother's side, had by fraud inserted their Names into the publick Register, thereby claiming the Privileges of Free-born Citizens; this they did upon the Twenty-sixth of every Month. Not much different from these were the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, according to Sigonius, and Emmius's account of them, only they were to hear such Causes in matters of Trade, as requir'd dispatch, and could not be differr'd to the Monthly Sessions of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But Pollux tells us, that, beside those Tryals, they had Cognizance of Controversies about Feasts and publick Enter∣tainments.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were publick Scavengers.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were the Surveyors of the Ways.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were those that took care of the Aquae-ducts, and other Conveyances of Waters. But the Fountains belong'd to oth•••• Officers, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And the Offices of these Four are b•• Aristotle comprehended under the name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Officers, with whom was entrusted the Care, Contrivance, and Management of all publick Edifices, ex∣cept the City-Walls, for which there were peculiar Curators, call'd

from their Offices 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whose number was usually the same with that of the Tribes, every one of which had the choice of one 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as often as Occasion requir'd.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were in number Ten, and, as their Name imports, took care that the Young-men behav'd themselves with Sobriety and Modera∣tion (a). For the same end, the Thesmothetae us'd ••o walk about the City in the Night-time, and correct such as they found committing any Disorder (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Three Officers, that provided Lights and Torches at the publick Entertainments, and took care that every Man drunk his due Proportion (c).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, also had an Office at publick Feasts, Sacrifices, Mar∣riages, and other Solemnities, and took care that nothing should be done contrary to Custom (d).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Magistrates, whose business it was to Regulate the Women's Apparel, according to the Rules of Modesty and Decen∣cy; and set a Fine upon such as were too Nice, and Phantastical in their Dresses, which they expos'd to publick View in the Ceramicus.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Persons of considerable Estates, who by their own Tribe, or the whole People, were order'd to perform some publick Du∣ty, or supply the Common-wealth with Necessaries at their own Ex∣pences. Of these there were divers Sorts, all which were elected out of Twelve-hundred of the richest Citizens, which were appointed by the People to undergo, when they should be requir'd, all the burden∣som and chargeable Offices in the Common-wealth, every Tribe elect∣ing an Hundred and Twenty out of their own Body; tho', as Si∣gonius has observ'd, this was contrary to Solon's Constitution, by which every Man of what Quality soever, was oblig'd to serve the Publick, according to his Ability.

These Twelve-hundred were divided into two Parts, one of which consisted of such as were possess'd of the greatest Estates, the other of Persons of meaner Abilities. Each of these were divided into Ten Companies, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which were distinct Bodies, and had distinct Governours, and Officers of their own. They were again subdivided into two Parts, according to the Estates of the Persons that compos'd them; and thus out of the first Ten 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were ap∣pointed Three-hundred of the most wealthy Citizens in Athens, who upon all Exigences were to furnish the Common-wealth with ne∣cessary supplies of Money, and, together with the rest of the Twelve-hundred, were requir'd to perform all extraordinary Duties in their Turns (e).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were at the expence of Players, Singers, Dancers, and Mu∣sitians, as oft as there was Occasion for them at the celebration of their publick Festivals, and Solemnities (f).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were at the charge of the Oil, and such like necessaries for the Wrestlers, and other Combatants (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were such as upon publick Festivals made an En∣tertainment for their whole Tribe (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were oblig'd to provide all sorts of Necessaries for the Fleet (c).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were requir'd, according to their Abilities, to supply the Publick with Money for the payment of the Army, and other Occa∣sions (d).

Beside these, upon extraordinary Occasions, when the usual sup∣plies were not sufficient, as in Times of long and dangerous Wars, the Rich Citizens us'd generously to Contribute as much as they were able to the publick Necessities, beside what was requir'd of them, and could not be avoided. These are by Pollux call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c.

Others there were, that were not properly Magistrates, yet, because they were employ'd in publick Business, must not be omitted in this Place.

Such were the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Orators appointed by the People, to Plead in behalf of any Law, that was to be abrogated, or enacted, of which I have spoken in another place.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Ten in number, elected by Lots, to Plead publick Causes in the Senate-house, or Assembly, and for every Cause where∣in they were retain'd, they receiv'd a Drachm out of the publick Exche∣quer. They were sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and their Wages 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Embassadors chosen by the Suffrages of the People to treat with Forreign States. Sometimes they were sent with full Power to act according as themselves should judge most conducive to the Safe∣ty and Honour of the Common-wealth, and then they were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Plenipotentiaries, and were not oblig'd, at their return home, to render an Account of their Proceedings; but their Power was usually limited, and they liable to be call'd in Question, if they exceeded their Commission, by concluding any Business, besides what they were sent about, or in any other Manner, than what was pre∣scrib'd them.

The 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were usually attended by a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Herald; and sometimes the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were sent upon Embassies by themselves, as Si∣gonius observes, especially in the primitive Times, when all Embassies were perform'd by these Men, who were accounted Sacred and Invio∣lable, not only as being descended from Mercury, and employ'd in his Office, but because they were publick Mediators, without whom all Entercourse, and hopes of Reconcilement between Enemies must be at an End. Therefore, as Eustathius observes (f), whenever Ulysses

in his Travels dispatch'd his Scouts to discover what sort of Countrey and People, the Winds and Seas had brought them to, he always sent a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 along with them, whereby they were secur'd from receiving any harm in all parts of the World, whither they were driven, except in the Countries of the Laestrygones, Cyclopes, and such Savages, as were altogether Barbarous, and void of Humanity.

Beside the fore-mention'd Magistrates and Officers, there were several others, as the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. But of these, and such as had Military Commands, or were employ'd in the divine Service, I shall give an Account in their own places.

CHAPTER XVI. Of the Council of the Amphictyones.

BEING, in the next place, to speak of the Athenian Councils, and Courts of Justice, I cannot omit the famous Council of the Amphi∣ctyones; which, tho' it sat not at Athens, nor was peculiar to that City, yet the Athenians, and almost all the rest of the Grecians were concern'd in it.

It is commonly thought to have been first instituted, and receiv'd it's Name from Amphictyon, the son of Deucalion (a); but Strabo is of Opi∣nion, that Acrisius, King of the Argives, was the first that founded, and gave Laws for the Conduct and Management of it (b); and then it must have it's Name from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Inhabi••ants of the Countries round about met in that Council (c); and Androtion in Pau∣sanias tells us, that the primitive Name of those Senators was Am∣phictiones, however in later Ages it hath been chang'd into Amphi∣ctyones. But the former Opinion receives confirmation from what He∣rodotus reports of the Place, where this Council was Assembled, viz. That in it was a Temple Dedicated to Amphictyon, and Ceres Amphi∣ctyonis (d); and Strabo also reports, that this Goddess was Worshipp'd by the Amphictyones.

The Place, in which they Assembled, was call'd Thermopylae, and sometimes Pylae, because it was a strait, narrow Passage, and, as it were, a Gate, or Inlet into the Countrey. Hence these Councellors are often call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Council 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e); But the Scholiast upon Sophocles tells us, that this Name was given them from Pylades, the Friend of Orestes, who was the first that was arraign'd in this Court, having assisted in the Murder of Clytaemnestra. Sometimes they met at

Delphi, where they were entrusted with the care of Apollo's Temple, and the Pythian Games, which were celebrated in that Place (a), the Si∣tuation of which rendred it very commodious for them to Assemble in, for it was Seated in the midst of Greece, as the Geographers tell us.

The Persons, that compos'd this Assembly, were, according to Pau∣sanias, the Representatives of the Ionians, amongst whom the Athe∣nians were included, Dolopeans, Thessalians, Aenianians, Magnesians, Meleans, Phthians, Dorians, Phocians, and the Locrians, that Inhabited near Mount Cnemis, and were call'd, upon that account, Epicnemidii. Stra∣bo reports, that, at their first Institution, they were Twelve in Number, and were delegated by so many Cities. Harpocration also, and Suidas reckon up Twelve Nations, of which this Council consisted, viz. Ionians, Dorians, Perrhaebians, Boeotians, Magnesians, Achaeans, Phthi∣ans, Melians, Dolopians, Aenianians, Delphians, Phocians. Aeschines rec∣kons only Eleven, instead of the Achaeans, Aenianians, Delphinians, and Dolopians, placing these Three only, viz. Thessalians, Oetaeans, Locrians (b).

Afterwards, in the Time of Philip, King of Macedon, and Father of Alexander the Great, the Phocians, having ransacked and spoil'd the D••••∣phian Temple, were by a Decree of the Amphictyones Invaded by the rest of the Grecians, as a Sacrilegious and Impious Nation, and after a Ten-Years War, depriv'd of the Privilege of sitting amongst them, together with their Allies, the Lacedaemonians, who were one part of the Dorians, and, under that Name, had formerly Sate in this Assembly; and their vacant Places were supply'd by the Macedonians, who were admitted, in return of the good Services they had done in the Phocian War. But about Sixty-eight Years after, when the Gauls, under the Command of Brennus, made a terrible Invasion upon Greece, Ravaging and Destroy∣ing all before them, sparing nothing Sacred or Prophane, and with a Barbarous and Sacrilegious Fury, Robb'd and Despoil'd the D••••∣phian Temple; the Phocians behav'd themselves with so much Gallan∣try, signalizing themselves in the Battel above the rest of the Grecians, that they were thought to have made a sufficient Atonement for their former Offence, and restor'd to their Ancient Privilege and Di∣gnity (c).

In the Reign of Augustus Caesar they suffer'd another Alteration, for that Emperour, having worsted Antony in a Sea-fight at Actium, in Memory of that Victory Founded a new City, call'd it Nicopolis, and was desirous that it's Inhabitants should be admitted into this Assem∣bly, and to make Way for them, ordered, that the Magnesians, M••∣leans, Phthians, and Aenianians, who till that Time had distinct Voi∣ces, should be number'd with the Thessalians, and send no Represen∣tatives, but such as were common to them all; and that the Right of Suffrage, that formerly belong'd to those Nations, and the Dolopians,

(a People whose State and Name were extinct long before) should be given to the Nicopolitans (a).

Strabo, who flourish'd in the Reigns of Augustus, and Tiberius, re∣ports that this Council, as also the general Assembly of the Achaeans, was at that Time dissolv'd; but Pausanias, who liv'd many Years af∣ter, under Antoninus Pius, assures us, that in his Time it remain'd en∣tire, and that the number of the Amphictyones was then Thirty, being delegated by the following Nations, viz. the Nicopolitans, Macedonians, Thessalians, Boeotians, (who in former Times were call'd Aeolians, and Inhabited some Parts of Thessaly) Phocians, Delphians, Locrians, call'd Ozolae, with those that lie opposite to Euboea, Dorians, Athenians, and Eu••oeans.

This Assembly had every Year only two set Meetings, one in the be∣ginning of Spring, the other in Autumn (b), except some extraordina∣ry Occasion called them together. The Design of their Meetings, was to determin publick Quarrels, and decide the Differences that happen'd between any of the Cities of Greece, when no other Means were left to compose them. Their Determinations were always receiv'd with a great deal of Respect and Veneration, and held inviolable, the Gre∣cians being always ready to joyn against those that rejected them, as common Enemies.

An Assembly of Neighbouring Cities, met to Consult about the com∣mon Good, seems usually to have been call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and, be∣••ide the Famous one already spoken of, Strabo mentions another held in the Temple of Neptune, at Troezen, at which the Delegates of the Seven following States were present, viz. Hermione, Epidaurus, Aegina, Athens, the Prasians, Nauplians, and the Orchomenians of Boeotia (c).

CHAPTER XVII. Of the Athenian 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Publick Assemblies.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an Assembly of the People met together ac∣cording to Law, to Consult about the Good of the Common-wealth. It was of two sorts, the First of which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the other 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were so call'd, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because in them the People confirm'd and ratified the Decrees of the Senate; or ra∣ther, because they were held upon 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Days constant, and appointed by Law (d).

They were held four Times in Five and Thirty-days, which was

the time that each 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Company of Prytanes, presided in the Senate. The first Assembly was employ'd in approving, and rejecting Ma∣gistrates, in hearing Actions call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and proposals concern∣ing the publick Good; as also in hearing the Catalogue of such Possessions, as were confiscated for the Service of the Common-wealth, and several other things. The second made Provision both for the Community, and Private Persons; and it was permitted every Man to prefer any Petition, or speak his Judgement concerning either of them. In the third, Audience was given to the Embassadors of For∣reign States. The fourth was wholly taken up with Religion, and matters relating to the Divine Worship (a). The First Assembly was upon the Eleventh Day of the Prytanea; the second, upon the Twen∣tieth; the third, upon the Thirtieth; the fourth, upon the Thirty-third. Some there are, that reckon by the Month, and tell us, that they had three Assemblies every Month, upon the First, Tenth, and Thir∣tieth Days; or upon the Tenth, Twentieth, and Thirtieth (b). But the former Computation seems to be more agreeable to the Custom of the Ancient Athenians, amongst whom were Ten 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, accord∣ing to the number of their Tribes, each of which Rul'd Thirty-five Days, in which they had Four Assemblies. Afterwards, the number of the Tribes being encreas'd by an Accession of two New ones, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were also Twelve in number, each of which rul'd a Month, and then perhaps Ulpian's Computation might take place.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were so call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the People were summon'd together, whereas in the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, they met of their own Accord, without receiving any Notice from the Magi∣strates, as Ulpian observes (c). The Persons, that summon'd the People, were commonly the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in their Names, be∣cause the Occasion of these extraordinary Assemblies was, for the most part, the coming on of some sudden, unexpected, and dangerous War; sometimes the Prytanes, if the Senate so order'd it, as they usually did, when any Civil Affairs, in which the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were not concern'd, requir'd a quicker Dispatch, than could be given them in the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Pollux, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Hesychius calls them, were Assemblies held upon some very weighty and momentous Affair, to which they summon'd not only those Citizens, that resided in the City, but all that liv'd in the Countrey, or were in the Ships, then at Anchor in the Haven.

The places, where the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were Assembled, were several, as First,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Market-place; and there, not the Athenians only, but most other Cities, had their publick Meetings, because it was usually very capacious. Hence the Assemblies themselves came to be call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and to make a Speech, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Harpocration observes.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Place near the Cittadel, so call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,

because it was fill'd with Stones, or Seats set close together, or from the Crowds of Men in the Assemblies, and therefore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is by the Comedians taken for the Thronging and Pressing of a Multitude (a). It was remarkable for nothing more, than the meanness of it's Buildings, and Furniture, whereby in Ages, that most affected Gaiety and Splen∣dor, it remain'd a Monument of the Ancient Simplicity (b).

The Theater of Bacchus, in later Times was the usual place, in which the Assemblies were held (c), but even then Pnyx was not wholly for∣saken, it being against Law to Decree any Man a Crown, or Elect any Magistra••es in any other Place, as Pollux, or, at least, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Hesychius reports.

The Ordinary Assemblies were held in the fore-mention'd Places, but such as were call'd upon extraordinary Occasions, were not confin'd to any certain Place, being sometimes held in the Piraeeus, where there was a Forum, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Munychia, or any other Place capa∣cious enough to contain the People.

The Magistrates, that had the care and management of these Assem∣blies, were the Prytanes, Epistata, and Proedri.

The Prytanes sometimes call'd the People together, and always before their meeting set up a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in some place of general Concourse, in which was contain'd the Matters to be consulted upon in the follow∣ing Assembly, to the end that every Man might have time to consider of them, before he gave his Judgment (d).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were so call'd from the first places, which they had in the Assemblies. Whilst the Tribes of Athens were no more than Ten, the Proedri were Nine in number, being appointed by Lots out of the Nine Tribes, which at that time were exempted from being Prytanes. Their Business was to propose to the People the Things they were to deliberate upon, and determin in that Meeting (e), at the End of which their Offices expir'd.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the President of the Assembly, was chosen by Lots out of the Proedri; the chief part of his Office seems to have consisted, in granting the People Liberty to give their Voices, which they were not permitted to do, till he had given the Signal (f).

If the People were remiss in coming to the Assemblies, the Magistrates us'd their utmost Endeavours to compel them; they shut up all the Gates, that only excepted, thro' which they were to pass to the As∣sembly, they took care that all Vendibles should be carried out of the Market, that there might be nothing to divert them from appear∣ing; and if this was not sufficient, the Logistae (whose business this was) took a Cord dy'd with Vermilion, with which they de∣tatch'd two of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 into the Market, where one of them standing on one side, and another on that which was opposite, pursu'd all they found there, and mark'd with the Cord as many as they caught,

all which had a certain Fine set upon them, as the Scholiast upon A∣ristophanes observes at this Verse,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

They in the Forum chat, and up and down Scamper t'avoid the Cord Vermilion-dy'd.

Mr. Abell.

If any Boisterous and Tempestuous Weather, or sudden Storm, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b), or Earth-quake happen'd, or any Inauspicious Omen appear'd, the Assembly was immediately adjourn'd. But if all things continu'd in their usual Course, they proceeded in this Man∣ner.

First, the place, where they were appointed to meet, was purified by killing young Pigs, which, as was usual in such Lustrations, they car∣ried round about the utmost Bounds of it; on the outside of which no Man was permitted to stand, because those places were accounted Pro∣phane and Unsanctified, and therefore unfit for the transacting business of so great consequence, as that in which the Welfare and Safety of the State was nearly concern'd; this we learn from Aristophanes, in whom the publick Cryer warns the People to stand on the inside of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for so they call'd the Sacrifices Offer'd at Expiations,

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

The Person, that Officiated in the Lustration, was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, another Name for 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c), and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, according to Pollux.

The Expiatory Rites being ended, the publick Cryer made a Solemn Prayer for the Prosperity of the Common-wealth, and the good Suc∣cess of their Counsels and Undertakings (d). For amongst the Primi∣tive Heathens, all things were carried on with a great shew of Piety and Devotion; and so great a share they thought their Gods had in the management of Human Affairs, that they never undertook any thing of Weight or Moment, especially in publick Business, without having first invok'd their Direction, and Assistance.

Then he pronounc'd a bitter Execration against such, as should en∣deavour any thing in that Assembly to the Prejudice of the Common-wealth, praying, That he, and his whole Family might be made re∣markable examples of the Divine Vengeance (e).

Then the Proedri propos'd the things, that were to be Consulted about, and repeated the Decree of the Senate, which, in most bu∣sinesses of Importance, took care that nothing should be propos'd to

the Assembly, before it had pass'd their House. Then the People were ask'd, whether the Senate's Decree should pass into a Law? and this they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as being antecedent to the final determina∣tion. If they approv'd it, Good; if not, a Consultation was to be held about it, in this Method;

The Proedri having given the Command, the Cryer proclaim'd with a loud Voice, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Who will make an Ora∣tion? Then first those, that were above Fifty Years of Age, rose up, and ascending the Suggestum deliver'd their Opinions, after them the next in Years, and so on to the Youngest (a). For as they judg'd it unreasonable, that any Man's Quality or Age (so he were not under Thirty) should debarr him from uttering what he had conceiv'd for the good of the Common-wealth, so on the other Hand, it was thought very undecent, and unbecoming for Young-men to give their Opinions, before they had heard what were the Sentiments of such, as Years and Experience had render'd more fit and able to judge.

But the Wisdom of the Law-giver thought it not expedient to per∣mit every Man without distinction to deliver his Opinion; for such as were convicted of any heinous Crime, of Impiety, Prophaneness, or Debauchery, had Fled from their Colours, or were deeply Indebted to the Common-wealth, he excluded from having any thing to do in such Consultations (b); it being scarce probable that Persons of wicked Lives, or desperate Fortunes should endeavour any thing conducive to the Peace and Prosperity of the State, but rather that they should design the Confusion and Ruin of it, that themselves might be enrich'd with the Spoils of Honest Men, and be at Liber∣ty to take their full Career in their unlawful Pleasures, without the restraint of Laws, and fear of Punishments.

When the debates were ended, the Cryer by the Command of the Epistata, or Proedri as others report, ask'd the People, Whether they would Consent to the Decree? permitting them to give their Voices, and thereby either establish, or reject it, the doing which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

The manner of giving their Suffrages, was by holding up their Hands, and therefore they call'd it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifies to Ordain, or Establish any thing; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to disannull by Suf∣frage. This was the common Method of Voting, but in some Cases, as particularly when they depriv'd Magistrates of their Offices for Male-administration, they gave their Votes in private, least the Power and Greatness of the Persons accus'd, should lay a restraint upon them, and cause them to act contrary to their Judgments and In∣clinations.

As soon as the People had done Voting, the Proedri, having care∣fully examin'd the number of the Suffrages, pronounc'd the Decree ratified, or thrown out, according as the Major-part had approv'd, or

rejected it. The Business being over, the Prytanes dismiss'd the As∣sembly, as we read in Aristophanes (a),

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

CHAPTER XVIII. Of the Senate of the Five-hundred.

By Solon's Constitution the whole Power and Management of Af∣fairs were plac'd in the People, it was their Prerogative to receive Appeals from the Courts of Justice, to abrogate old Laws, and enact new, to make what Alterations in the State they judg'd convenient, and, in short, all Matters, whether Publick or Private, For∣reign or Domestick, Civil, Military, or Religious were determin'd by them.

But because it was dangerous, that Things of such vast Moment, and Concern should be without any farther care committed to the Dispo∣sal, and Management of a giddy and unthinking Multitude, that every cunning and subtil Fellow might impose upon by smooth Words, and fair Pretences, and perswade to enact Things contrary to their own real Interests, and destructive of the Common-wealth; the wise Law-giver to prevent such pernicious Consequences, judg'd it ab∣solutely necessary for the Preservation of the State, to institute a great Council, consisting only of such as were Persons of the best Credit and Reputation in the City, whose business it should be to inspect all Matters before they were propounded to the People; and take care that nothing, but what had been diligently examin'd, should be brought before the general Assembly (b). At the same time he insti∣tuted, at least, regulated another Council, I mean that of the A∣reopagites, which, tho' inferiour to the former in Order and Power, yet was superiour to it in Dignity and Esteem, and therefore was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the upper Council; to this he gave the Inspection and Custody of the Laws, supposing that the Common-wealth being held by these two, as it were by firm Anchors, would be less liable to be tost by tumults, and made a prey to such as had Knavery enough to design, and Cunning and Eloquence to entice the People to their own Destruction (c).

At the first Institution of the former Council, it consisted only of Four-hundred Senators, one Hundred of which were appointed out of each Tribe, for the Tribes in Solon's time were only Four in Number (d).

They were elected by Lots, in drawing of which they made use of

Beans, and therefore Thucydides calls them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Senate, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The manner of their Election was thus: On a certain Day before the beginning of the Month Hecatombaeon, the President of every Tribe gave in the Names of all the Persons within his District, that were capable of this Dignity, and had a mind to appear for it; these were engraven upon Tablets of Brass, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a), and cast into a Vessel set there for that purpose; into another Vessel were cast the same numbers of Beans, an Hundred of which were White, and all the rest Black. Then the Names of the Candidates, and the Beans were drawn, one by one, and those, whose Names were drawn out together with the White Beans, were receiv'd into the Senate (b).

About Eighty-six Years after Solon's regulation of the Common-wealth, the number of Tribes being encreas'd by Clisthenes from Four to Ten; the Senate also receiv'd an Addition of one Hundred, which being added to the former, made it to consist of Five-hundred, and from that Time, it was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Afterwards, two new Tribes were added to the former in Honour of Antigonus, and his Son Demetrius, from whom, they receiv'd their Names; and then the Number of the Senators was augmented by the accession of another Hundred (c); for in both these last Alterations, it was order'd, that out of every Tribe Fifty should be elected into the Senate. As to the manner of Election, that continu'd the same, except∣ing only, that instead of an Hundred White Beans drawn by each Tribe, they had now only Fifty, according to the Number of their Senators.

After the Election of Senators, they proceeded in the next place to appoint Officers to preside in the Senate, and these they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The manner of their Election was thus; The names of the Tribes being thrown into one Vessel with Nine Black Beans, and a White Bean cast into another, the Tribe, whose Fortune it was to be drawn out together with the White Bean, presided first, and the rest in the Order, in which they were drawn out of the Vessel; for every Tribe presided in it's Turn, and therefore, according to the Number of Tribes, the Attick Year was divided into Ten parts, each of which consisted of Thirty-five Days; only the Four first Parts contain'd Thirty-six, thereby to make the Lunar Year compleat, which, according to their Computation, consisted of one Hundred and Fifty-four Days (d). O∣thers are of Opinion that those four Supernumerary Days were em∣ploy'd in the Creation of Magistrates, and that, during that Time, the Athenians had no Magistrates at all (e), and therefore they call'd them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Afterwards, when the Tribes were encreas'd to Twelve, every one of them presided a Full Month in the Senate, as we learn from Pollux (f). The Time, that every Compa∣ny

of Prytanes continu'd in their Office, was term'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, during which they were excus'd from all other publick Duties (a).

Beside these, there were other Officers in the Senate, all which were e∣lected by Lots. The first was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or President of the Prytanes, who had the Custody of the publick Seal, and Keys of the publick Exchequer; which was accounted a Trust so great, that no Man was permitted to enjoy it above one Day, or to be elected into it a se∣cond Time (b).

Every Time the Senate was assembled, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 appointed Nine 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by Lots, electing one out of every Tribe, except that which had the Honour of Presiding (c). Both of these were different from the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in the Popular Assemblies.

One thing more there is remarkable in the Election of Senators, that beside those, who were immediately admitted into the Senate, they chose Subsidiaries, who, in case any of the Senators were depos'd for Male-administration, or died before the expiration of their Offices, should without any farther trouble supply their Places; and these they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (d).

The Authority of the Prytanes consisted chiefly in assembling the Senate, which, for the most part, was done once every Day, (Festivals only excepted) and oftner if occasion requir'd. And that they might be ready to give Audience to all such as had any thing to propose, that concern'd the Common-wealth, they constantly resorted to a Common-hall near the Senate-house, call'd Prytaneum, in which they offer'd Sacrifices, and had their Diet together (e).

If any Man offer'd any thing, that deserv'd to be taken into Consi∣deration, they engrav'd it upon Tablets, that all the Senators might before-hand be acquainted with what was to be discuss'd at their next Meeting; in which, after the Prytanes, or Epistata had propounded the Matter, every Man had liberty to declare his Opinion, and give his Reasons either for, or against it. This they did standing, for it is every where observable in ancient Authors, that no Person, of what Rank or Quality soever, presum'd to speak sitting, and therefore when∣ever a Poetical Heroe makes an Oration, he is always first said to rise,

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

Saith Homer; and Ovid, to trouble you with no more Instances, men∣tions the same Custom,

Surgit ad hos clypei Dominus semp••emplicis Ajax.

When all had done speaking, the Business design'd to be pass'd in∣to a Decree, was drawn up in Writing by any of the Prytanes, or other Senators, and repeated openly in the House (f); after which, leave

being given by the Epistata, or Prytanes, the Senators proceeded to Vote, which they did in private, by casting Beans into a Vessel plac'd there for that purpose. The Beans were of two Sorts, Black, and White, and if the Number of the former was found to be greatest, the Proposal was rejected; if of the latter, it was enacted into a De∣cree (a), which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because it was agree'd upon in the Senate with a design to have it afterwards pro∣pounded to an Assembly of the People, that it might receive from them a farther Ratification, without which it could not be pass'd into a Law, nor have any Force or Obligatory Power, after the end of that Year, which was the Time that the Senators, and almost all the other Magi∣strates laid down their Commissions.

The Power of this Council was very great, almost the whole care of the Common-wealth being devolv'd upon them; for the Commonalty being by Solon's Constitutions invested with supreme Power, and entrusted with the Management of all Affairs, as well publick, as pri∣vate, it was the peculiar charge of the Senate to keep them within due Bounds, to take cognizance of every thing before it was referr'd to them, and to be careful that nothing should be propounded to them, but what they upon mature Deliberation had found to be con∣ducive to the publick Good. And befide the care of the Assembly, there were a great many things, that fell under the cognizance of this Court, as the Accounts of Magistrates at the expiration of their Of∣fices (b), and the care of poor Persons, that were maintain'd by an Al∣lowance out of the publick Exchequer (c). It was their business to appoint Gaolers for the publick Prisons, and to examine and punish Persons accus'd of such Crimes, as were not forbidden by any positive Law (d), to take care of the Fleet, and look after the Building of new Men of War (e), with several other Things of great Conse∣quence.

Now because those were Places of great Trust, no man could be ad∣mitted to them, till he had undergon a strict 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Probation, whereby the whole Course of his Life was enquir'd into, and found to have been manag'd with Credit and Reputation, else he was rejected (f).

And to lay the greater Obligation upon them, they were required to take a Solemn Oath, the substance whereof was this; That they would in all their Counsels endeavour to promote the publick Good; and not advise any thing contrary to the Laws. That they would sit as Judges in what Court soever they were elected to by Lots, for several of the Courts of Justice were supply'd with Judges out of the Senate. That they would never keep an Athenian in Bonds, that could give Three Sure∣ties of the same Quality, except such as had bought or collected, or been engag'd as a Surety for the publick Revenues, and did not pay the Common-wealth, and such as were guilty of treasonable Practices against the Government. But this (as Demosthenes interprets it) must

be understood only of Criminals before their Condemnation (a), for to put them in Fetters after Sentence pass'd upon them, was no breach of the Law.

If any of the Senators was convicted of breaking his Oath, com∣mitting any Injustice, or behaving himself otherwise, than as be∣came his Order, the rest of his Brethren expell'd him, and substituted one of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in his place. This they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the Leaves, which they made use of in giving their Suffrages, in the same manner that the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were us'd by the Commonalty in decreeing the Ostracism. But this Custom was not very ancient, being invented upon the account of one Xenotimus, an Officer, that by changing the Beans (which till that time were always made use of) was found to have corrupted the Suffrages (b).

On the contrary, such as had behav'd themselves with Justice and Integrity, were rewarded with an Allowance of Money out of the publick Exchequer (c). And if any Men of War had been built du∣ring their Regency, the People in their publick Assembly Decree'd them the Honour of wearing a Crown; if not, the Law prohibited them from Suing for this Privilege, as having been wanting to the Common-wealth, whose S••fety and Interest depended upon nothing so much, as the Strength and Number of their Ships (d).

CHAPTER XIX. Of the Senate and Court of Areopagus.

THE Name of this Senate was taken from the place, in which it was wont to be assembled, being an Hill not far di∣stant from the Cittadel (e), call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, Mars's Hill, from Mars, the God of War and Blood, because all wilful Murders came under the cognizance of this Court (f); Or, as Fables tell us, from the arraignment of Mars, who was the first Criminal that was Try'd in it (g); Or, lastly, because the Amazons, whom the Poets feign to have been the Daughters of Mars, when they besieg'd Athens, pitch'd their Camps, and offer'd Sacrifices to the God of War in this place (h).

When this Court was first instituted it is uncertain, some there are, that make it as ancient as Cecrops, the first Founder of Athens, others think it was begun in the Reign of Cranaus; and lastly, others

bring it down as low as the times of Solon. But this Opinion, tho' defended by Authors of no less Credit than Plutarch (a), and Cicero (b), is in express terms contradicted by Aristotle (c), and one of Solon's Laws cited by Plutarch himself, wherein there is mention of Judgments made in this Court, before Solon had reform'd the Common-wealth. What seems most probable, is, that the Senate of Areopagus was first instituted a long time before Solon, but was continued, regulated, and augmented by him; was by him made superiour to the Ephetae, ano∣ther Court instituted by Draco (d), and invested with greater Power, Au∣thority, and larger Privileges, than ever it had enjoy'd before.

The number of the Persons that compos'd this venerable Assembly is not agree'd upon, by some it is restrain'd to Nine, by others en∣larg'd to Thirty-one, by others to Fifty-one, and by some to more. Maximus tells us, it consisted of Fifty-one, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, beside such of the Nobility, as were eminent for their Vertue, and Riches; by which Words he seems to aim at the Nine Archons, who were the constant Seminary and Nur∣sery of this great Assembly, and, having discharg'd their several Offices, pass'd every Year into it (e). This was the reason, why their Number was not always the same, but more, or less, according as those Per∣sons happen'd to continue a greater, or lesser Time in the Senate. There∣fore when Socrates was condemn'd by this Court, (as the nature of his Crime makes it evident he was) we find no less than Two-hundred-four-score and one giving their Votes against him, besides those who Voted for his Absolution: And in an Ancient Inscription upon a Column in the Cittadel at Athens, erected to the Memory of Rufus Fe∣stus, Pro-consul of Greece, the Senate of Areopagus is said to consist of Three-hundred.

All, that had undergon the Office of an Archon, were not taken in to this Senate, but only such of them, as had behav'd themselves well in the discharge of their Trust; and not they neither, till they had given an account of their Administration before the Logistae, and ob∣tain'd their Approbation, after an enquiry into their Behaviour, which was not a bare piece of Formality, and a Thing of Course, but extremely severe, rigorous, and particular (f). This being done, after the performance of certain Sacrifices at Limnae, a place in Athens Dedicated to Bacchus, they were admitted upon set Days (g). Thus it was order'd by Solon's Constitutions, which were nicely and pun∣ctually observ'd for many Ages; but towards the Declination of the Athenian Grandeur, together with many other useful and excellent Ordinances, were either wholly laid aside and abrogated, or, which was all one, neglected and not observ'd. And then, not the Ar∣chons only, but others, as well those of loose Lives, and mean For∣tunes, as Persons of high Quality, and strict Vertue, nay, and even

Forreigners too were taken into this Assembly, as appears by several Instances produc'd by the Learned Meursius, and particularly that of Rufus Festus, mention'd in the afore-said Inscription, as a Member of it.

Aristides tells us, this Court was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the most sacred and venerable Tribunal in all Greece; and if we consider the Justice of all their Sentences, and judicial Determinations, the unblameableness of their Manners, their wise and prudent Behaviour, and their high Quality, and Station in the Common-wealth, it will easily appear, that this Character was not unreasonable, or undeserv'd. To have been sitting in a Tavern, or publick House, was a sufficient Reason to deny an Archon's admission into it (a); and tho' their Dignity was usually continu'd to them as long as they liv'd, yet if any of the Senators was convicted of any Immo∣rality, he was without Mercy or Favour presently expell'd. Nor was it enough that their Lives were strictly innocent and unblameable, but something more was requir'd of them, their Countenances, Words, Actions, and all their Behaviour must be compos'd, serious, and grave to a Degree beyond what was expected from other (the most vertuous) Men. To laugh in their Assembly, was an unpardona∣ble piece of Levity (b), and for any of them to write a Comedie, was forbidden by a particular Precept of the Law (c).

Nay, so great an Awe and Reverence did this solemn and grave Assembly strike into those that sate in it that Isocrates (d) tells us, That in his Days, when they were some-what degenerated from their pri∣mitive Vertue, however otherwise Men were Irregular and Exorbi∣tant, yet once chosen into this Senate, they presently ceas'd from their vicious Inclinations, and chose rather to conform to the Laws and Manners of that Court, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, than to conti∣nue in their wild and debauch'd Course of Life. And so exactly up∣right and impartial were their Proceedings, that Demosthenes (e) tells us, that to his Time there had never been so much as one of their De∣terminations, that either Plaintiff or Defendant had any just reason to complain of. This was so eminently remarkable in all Parts of Greece, that even Forreign States, when any Controversies hap∣pen'd among them, would voluntarily submit to their Decision: Pausanias (f) reports in particular of the Messenians, that, before their first Wars with the Spartans, they were very desirous that their Quar∣rel 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 (g); 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 (a); 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 Tribun••l of the Palla∣dium (b). 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 (c). Some say that there was no appeal from the Areopagites to the People; but others, amongst whom is Meursius, are of a contrary Opinion, a••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 (d), but that them∣selves too, if they exceeded the due Bounds of Moderation in in∣flicting Punishments, were liable to Account for it to the Logistae (e)▪ 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 (f), 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 some∣thing of Truth, if you understand the former of the Areopagus in it's primitive State; and the other, when it's Power was retr••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 commit∣ted to them (g), the publick Fund was dispos'd of and manag'd ac∣cording to their Discretion (h), the Care of all Young-men in the City belong'd to them, and it was their Business to appoint them Tutors, and Governours (i), and see that they were educated suita∣bly to their several Qualities (k). 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 Immo∣rality, 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 Meet∣ings, 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 (l). 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 com∣manded to enquire strictly after every Man's course of Life, and to exa∣min 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 (a). Beside this, mat∣ters 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 Judg∣ment 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 (b); and Saint Paul was arraign'd before them, as a setter forth of strange Gods, wh••n he preach'd unto th••m Iesus, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Resurrection (c). 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 immi∣nent Danger, and in these the Common-wealth usually had recourse to them, as their last a••d surest Refuge (d).

They had three Meetings in the Areopagus every Month, upon the Twenty-seventh, Twenty-eighth, and Twenty-ninth Days (e). But if any Business happen'd that required dispatch, it was usual for them to assemble in the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Royal Portico, which they en∣compass'd with a Rope, to prevent the Multitude from thronging in upon them (f), 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 (g), a Custom practis'd in all the Courts of Justice, that had Cognizance of Murder; partly, because it was un∣lawful 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 (h). 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 ei∣ther of them (i).

Actions about Murder were usher'd into the Areopagus by the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who was allow'd to sit as Judge amongst them, laying aside his Crown, which was one of the Badges of his Office (k).

The common Method, they proceeded in, was this: The Court being met, and the People excluded, they divided themselves into se∣veral 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 (a).

Before the Tryal began, the Plaintiff and Defendant took solemn Oaths upon the Testicles of a Goat, a Ram, and a Bull, by the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 con∣firm'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 (b), 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Injury; the Prisoner upon the Stool of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Impudence, or, according to Adrian Iunius's Correction, of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Innocence; these were two God∣desses, to which Altars, and afterwards Temples, were erected in the A∣reopagus (c). The Accuser in this place propos'd three Questions to the Prisoner, call'd by Aeschylus, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (d), to each of which he was to give a distinct Answer. The first was, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Are you guilty of this Murder? to which he made answer, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Guilty, or, Not guilty. Secondly, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Why did you commit this Murder? Thirdly, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Who were your Partners and Accomplices in the Fact?

In the next place the two Parties impleaded each other, and the Pri∣soner 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 non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e). In the primitive Times both Parties spoke for themselves (f), 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 (g).

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 came to be proverbial Sayings; tho' some derive them from their Re••erve••ness, and severe Gravity, and therefore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is usually taken for a grave, majestick, rigid Person; and others, from the gr••at care they took to conceal the Transactions of their Senate, of which the Poet speaks,

Ergo occulta reges, ut Curia Martis Athenis (a).

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the place it stood in; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Votes cast into it pronounc'•• the Accusation valid; and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because they de∣cree'•• ••he death of 〈◊〉〈◊〉 ••••isoner. The second Urn was of Wood, being plac'd behind the former, into it they, that acquitted the Prisoner, were to cast th••ir Suffrages; for which reasons it was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b). Afterwards the Thirty Tyrants, having made themselves Ma••ters of the City, order'd them to give th••ir Voices in a manner more publick and open, by casting their Cal∣culi 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 (c).

Beside the Crimes that came peculiarly under their Cognizance, there were sometimes others brought before them, in which their Sen∣tence 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 the•• (d); but receiv'd a sort of Maintenance from the Publick, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, (e); and, Meursius has observ'd out of Lucian (f), 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 Peri∣cles, who, because he could not be admitted amongst them, as never having born the Office of an Archon, employ'd all his Power and Cun∣ning against them, and having gotten a great Interest with the Com∣monalty, so embroil'd and routed their Senate by the assistance of Ephialtes, that most of the Causes and Matters, which had been for∣merly try'd there, were discharg'd from their Cognizance (g). From this time the Athenians, being, in a great measure, free'd from the restraint, that had been laid upon them, began sensibly to degene∣rate from their anci••nt Vertue, and in a short time let loose the Reins to all manner of Licentiousness (h), 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 Areo∣pagites 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) se∣veral, that debauch'd and corrupted other Men's Wives, and were themselves corrupted and seduc'd by Bribes (a).

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).

〈 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). 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).

〈 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). 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).

The Judges that presided in all these Courts, were (after Draco's Time) the Ephe••ae, as Harpocration observes (b). The Scholiast upon A∣ristophanes (c), 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)

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)

— 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.

CHAPTER XXI. Of some other Courts of Justice, their Iudicial Pro∣cess, &c.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was, as the Name seems to import, a Court of no great Credit or Reputation, having Cognizance only of trivial Mat∣ters, whose value was not above one Drachm. Pollux reports, there were two Courts of this Name, one of which was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the other 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The Persons, that sat as Judges, were the Eleven Magistrates, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was, in all probability, so call'd, because it was Tri∣angular (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifies Sycophants, who by Tens, that is, in great Numbers, frequented those Places (c).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 (d).

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e).

Of all the Judicatories, that handled Civil Affairs, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was far the greatest, and most frequented, being so call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the People's thronging together (f), or rather 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, be∣cause it was an open place, and therefore expos'd to the Sun (g).

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-hun∣dred, or Two-thousand, and then Three, or Four Courts were united, to contain so vast a Multitude (a).

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 (b);

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 Com∣mon-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-hun∣dred, nor permit any other Person to do it: I will not elect any Per∣son into any publick Employ, and particularly I will not create any Man Archon, Hieromnemon, Embassador, publick Herald, or Sy∣nedrus, nor consent that he shall be admitted into any of those Offices, that are elected by Lots upon the same Day with the Ar∣chons, 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 Per∣son to do the like, by any means, whether direct, or indirect, to per∣vert Justice in the Court of Heliaea: I am not under Thirty Years of Age: I will hear both the Plaintiff, and Defendant, without Par∣tiality, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, took Cognizance of Causes belong∣ing to their several Offices; such was the Court at Cynosarges, O∣deum, 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 sa∣tisfaction, he went to the Magistrate, whose business it was to take Co∣gnizance 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a). 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b).

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 (c).

This being done, the Magistrate proceeded to the election of Judges, which was perform'd by Lots; and they, upon the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or ap∣pointed Day, came to the Tribunal, and took their Places; the pu∣blick Cryer having before commanded all those that had no Business to depart in these Words, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being the same with those which the Romans call'd Cancellatae (d). Now least any of the Judges should be wanting, Proclamation was made in this manner, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, If any Judge be without the Door, let him en∣ter; 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 them∣selves (e).

Then the Magistrate propos'd the Cause to the Judges, and gave them Power to determine it; the doing which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Cause it self 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Person that enter'd it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

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 (f).

If the Person accus'd did not make his appearance, Sentence was given against him without any farther trouble, and this they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 una∣voidable Necessity, the former Sentence was disannull'd, and there∣fore this Proceeding they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Then the Tryal was to be brought on afresh within the space of two Months by the Defendant, and this they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the doing 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; but if he neglected to have the Cause decided in that Time, the former Sentence was to stand good, and be put in Execu∣tion upon him (a).

Beside this, the Defendant was permitted to make three Pleas for himself, before the Cause was put to a final Decision:

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whereby he alledg'd that the accusation was not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or capable of being tryed at that time; as, for instance, if the Injury, said to be receiv'd from him, ha•• 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 con∣demn'd, and punish'd for it. This Plea the Defendant obviated by proving the contrary of what the Plaintiff objected; and this, with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was by one common Name call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b).

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whereby he desired the Judicial Process might be dif∣ferr'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 (c).

3. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whereby the Defendant turn'd Plaintiff, and re∣torted the Accusation upon his Adversary (d).

If the Defendant urg'd none of these Pleas, but was willing that the Tryal should immediately go forward, he was said 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Pr••cess was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Defendant's 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as most of the Grammarians are of Opinion, but in Pollux, the Defendant's Oath is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and Plaintiff's 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and both of them were nam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e). In Causes wherein the Publick was concern'd, the Plain∣tiff took a ••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 (f).

Before the Tryal began, both Parties were oblig'd to deposite a cer∣tain summ of money, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, into the hands of the Magistrate that enter'd their Cause into the Court, who, upon fai∣lure of the payment immediately expung'd the Cause out of the Roll,

and hindred it from proceeding any farther. If the Cause in De∣bate was concerning the value of an Hundred Drachms, or up∣wards 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 (a).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 inheri∣tances of Heiresses; the former deposited the fifth; the latter the tenth part of the Estate contended for (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was one Drachm deposited in Law-suits about small and private Matters, which were decided by the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a Fine laid upon those that could not prove the Indictment they had brought against their Adversaries, so call'd, be∣cause they were oblig'd to pay the sixth part of the Value of the thing they contended for, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because out of every Drachm, they deposited one Obolus, which is the sixth part of a Drachm (d). Some of these summs were deposited in all Law-suits, a very few excepted, be∣fore 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and if he seem'd unwilling to be an Evidence, had three things propos'd to him, viz. To swear to the Fact; To a••jure i••, or deny that he was privy to it; or, lastly, to pay a Mulct of a Thou∣sand Drachms; he that was fin'd for refusing the Oath, or that took it out of fear, was said 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; he that was only sum∣mon'd, and took it voluntarily 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e). 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 Cau••e, and such as by their ill Behaviour had forfeited their Privileges, and were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, disfranchis'd, had not Reputation enough to deserve belief; the Slaves were not permitted to have any Concern in pu∣blick Business, and therefore could neither be Evidences, except they were examin'd upon the Rack, nor plead in any Court of Ju∣stice (f).

There were two sorts of Evidences; the first of which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, when the Person that swore, was an Eye-witness of the Fact: The other 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, when the Juror receiv'd what he testi∣fied from a third Person, that had been an Eye-witness of it, but was at that time either dead, or in a Forreign Countrey, or detain'd by Sickness, or hindred by some other unavoidable Accident from mak∣ing

his Appearance; for, except in such Cases, the Allegations of absent Persons were never taken for Lawful Evidences (a).

When the Witnesses were sworn, the Plaintiff being plac'd upon the left hand of the Tribunal, and the Defendant upon the right (b); both of them spoke set Orations in their own behalf, that were, for the most part, compos'd, by some of the Orators, which Custom was first introduc'd by Antiphon a Rhamnusian (c). Sometimes, if they desired it, the Judges granted them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, Advocates to plead for them, the doing which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to plead for a Fee (d). And least by the length of their Orations they should weary the Judges patience, and hinder them from proceeding to other Business, they were limited to a certain Time, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (e), which was measur'd by a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Hour-glass, differing from ours in this, that instead of Sand, they made use of Water; and to prevent all Fraud and Deceit, there was an Officer constituted on purpose to distribute the Water equally to both sides, whom, from his business, they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. When the Glass was run out, they were permitted to speak no farther, and therefore we find them very careful not to loose, or mispend one drop of their Water, and whilst the Laws quoted by them were reciting, or if any other business happen'd to intervene, they gave order that the Glass should be stopp'd (f). Yet if any Person had made an end of speaking, before the Time allotted him was expired, he was permitted to resign the remaining part of his Water to any other that had Occasion, and this is meant by the Orator when he saith, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, let him speak till what remains of my Water be run out.

When both Parties had made an End of speaking, the publick Cryer, by the Command of the Magistrate that presided in the Court, order'd the Judges to bring in their Verdict; and in such Cases, as the Laws had made Provision, and appointed Penalties for, (which were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) a single Verdict, whereby the Person was de∣clar'd Guilty, or, not Guilty, was sufficient; but in those Cases, that the Laws were silent in, (which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) a se∣cond Sentence was required, if the accused Person was brought in Guilty, to determin what punishment was due to his Offence (g). And here, before they proceeded to give Sentence, the condemn'd Person was ask'd, What dammage he thought his Adversary had re∣ceiv'd from him, and what recompence he ought in Justice to make him? And the Plaintiff's account, which, together with the Indict∣ment he had deliver'd in before, was taken into consideration; and then, the circumstances on both sides being duly and impartially weighed, the final and decretory Sentence was given.

The most ancient way of given Sentence was by Black and White

Sea-shells, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; or Pebbles, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Ovid hath taken notice of this Custom,

Mos erat antiquis, niveis atrisque Lapillis, His damnare reos, illis absolvere culpa (a).

Black, and White stones were us'd in ages past, These to acquit the Pris'ner, those to cast.

Mr. Hutchin.

After them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which were pellets of Brass, came into use; which, when laid aside, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Beans succeeded; they were of two sorts, White, and Black; the White were whole, and were made use of to absolve, the Black were bor'd through, and were the instruments of condemnation (b).

Hence it is, that in Aristophanes (c) Judges, that liv'd upon the Gifts they receiv'd for doing Justice, are call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Eaters of Beans; and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is a Proverb, not much different from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Amaltheae capra, being usually applied to things that bring in large gains, and are a maintenance to their Masters (d).

These Beans the Judges took from the Altar, and two Urns, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being plac'd, they cast in their Beans thro' a little Tunnel call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, holding them only with three Fingers, viz. the Fore-finger, Middle, and Thumb, that it might be impossible for them to cast in above one at a Time. The rest of their customary Rites, are much-what the same with those I have already describ'd in the Judgments of the Court of Areopagus, except that in private Causes there were four Urns plac'd in the Court, as Sigonius has observ'd out of Demosthenes (e).

But this perhaps might be occasion'd by the Number of the Persons concern'd in the Tryal, for if there were more than two Competi∣tors, that laid claim to an Estate, each of them had a distinct Urn, into which those, that pass'd Sentence on his side, were to cast their Beans, and he that had the greatest number, obtain'd the Victory, which Sigonius seems not to have observ'd.

When all had given over Voting, least any Man out of Favour should suspend his Suffrage, the Cryer made Proclamation in this man∣ner, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, If there be any that has not given his Voice, let him now arise, and give it.

Then the Urns were open'd, and the Suffrages number'd in pre∣sence of the Magistrate, who stood with a Rod in his Hand, which he laid over the Beans, as they were number'd, least any Person should, thro' Treachery, or Mistake, omit any of them, or count the same twice. If the number of the Black Beans was greatest, he pronounc'd the Person guilty, and as a mark to denote his condemnation, drew a long Line, whence 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in the Comedian, signifies

to condemn All; on the the contrary, he drew a short Line in to∣ken of Absolution, if the white Beans exceeded, or only equall'd the number of the Black (a), for such was the Clemency of the Athe∣nian Laws, that, when the case seem'd equally disputable on both sides it was provided, that the severe and rigorous Commands of Justice should give place to the milder Laws of Mercy and Compassion; and this Rule seems to have been ever observ'd in all the Courts of A∣thens. Euripides, to omit a great many others, has mention'd this Cu∣stom in several places,

〈 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 〉 (b).

Courage Orestes, if the Lots hit right, If the Black pebbles don't exceed 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,

〈 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 〉 (c).

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the whole Suit, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and the Defendant, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The Indictment before Conviction was nam'd

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; after Conviction, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and after Condemnation, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ All the Time the Cause was in suspence and undetermin'd, it was ex∣pos'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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, than which there was not a more publick place in the whole City; this they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (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 de∣liver'd into the hands of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to receive the punishment due to his Offence: but if a pecuniary Mulct was laid upon him, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 (b).

If, on the contrary, the Plaintiff had accus'd his Adversary unjust∣ly, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the latter, of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Of these, and the pu∣nishments 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Staffs, or Scepters, which were a badge of their Office, and receiv'd from certain Officers call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 (c). 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 (d), who takes occasion every where to ridicule, and expose this quarrelsom, litigious Hu∣mour, 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 Sto∣ries, and catch at every occasion to accuse Persons of Credit and Re∣putation; these t••••y call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which word sometimes signi∣fies False-witness••••, but is more properly taken for what we call com∣mon Barr••t••••••▪ being deriv'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from indicting

Persons, that exported Figs; for amongst the primitive Atheni••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 en∣acted 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 (a).

CHAPTER XXII. Of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

OI 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 De∣mosthenes reports (b), 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 Magi∣strates, or Judges call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were those, that amerc'd the People for absenting themselves from the publick Assemblies.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Arbitrators, were of two sorts,

1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 con∣testing parties thought himself injur'd by it, he might appeal to the su∣periour Courts of Justice (c). 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 (d). They pass'd Sentence with∣out 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and another of the Defen∣dant when they administred his Oath to him; and in case the Par∣ties did not appear at the appointed Time and Place, they staid ex∣pecting 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 ••udg∣ment, or to have been corrupted (e), a Writ of Outlawry was issu'd out

against them. Under them were certain Officers call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whose business it was, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to receive the Complaints that fell under the Cognizance of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and enter them into their Court (a).

2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 far••her appeal, and therefore, as a greater obligation to Justice, they took an Oath, that they would give Sen∣tence without Partiality (b).

The determination of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ and to refer any thing to them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (c).

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). 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).

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),

〈 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).

〈 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.

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) 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). —

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).

CHAPTER XXV. Of the Athenian Punishments, and Rewards.

THE most common and remarkable Punishments inflicted at A∣thens on Malefactors are these,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which, tho' sometimes it be us'd in a large and ge∣neral sence for any punishment, yet has often a more limited and re∣strain'd signification, being taken for a pecuniary Mulct, or Fine, laid upon the Criminal according to the merit of his Offence.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Ignominy, or publick Disgrace, whereby the Offender was rendred uncapable of bearing any Office, pleading in the Courts of Judicature, or giving his Voice in the publick Assemblies, and de∣priv'd of all other Privileges of a Citizen, that gave him any Title to the management of the Common-wealth. Out of these Men, the Scholiast upon Aristophanes (a) tells us, they appointed whom they pleas'd to labour at the Oars, to which Drudgery, Plutarch reports, it was usual to put their Prisoners of War (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Servitude, was a punishment, by which the Criminal was reduc'd into the condition of a Slave. It was never inflicted on any besides the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Sojourners, and Free'd-servants, because it was forbidden by one of Solon's Laws, that any Free-born Citizen should be treated as a Slave.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a severity seldom exercis'd upon any but Slaves, or some very notorious Malefactors, of which before I have spoken more at large.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was, as the word imports, a Pillar, wherein was ingraven in legible Characters an account of the Offender's Crime. The Persons thus expos'd to the laughter and reproaches of the World, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Hence 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is taken for any invective, or defamatory Oration.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a punishment, by which the Criminal was condemn'd to Imprisonment, or Fetters. The Prison was call'd by a lenitive Name 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or House; for the Athenians us'd to mitigate and take of from the badness of things, by giving them good and innocent ap∣pellations; as a Whore, they would call a Mistress; Taxes, Rates; Garrisons, Guards; and this (saith Plutarch) seem'd at first to be So∣lon's contrivance, who call'd the releasing the People from their Debts 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a throwing off a burthen (c). Plato tells us, the Athenians had three sorts of Prisons; The first was near the Forum, and was only design'd to secure Debtors, or other Persons from running away. The second was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or a House of Correction, such as our Bride-well. The third was seated in an uninhabited and lonesome place, and was design'd for Malefactors guilty of Capital Crimes (d). One of their Prisons was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Gate, thro' which Criminals were led to Execution, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from Charon, the infernal Ferry-man. At the Prison-door was erected the Image of Mercury, the Tutelar Deity of the place, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the hinge of a Door.

Of Fetters there were divers sorts, the most remarkable are these: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Collar usually made of Wood, so call'd from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because it constrain'd the Criminal to bow down his head. This punishment

was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and hence pernicious Fellows, or Things, are sometimes nam'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (a); others call it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the Criminal's Neck was shut, or enclos'd within it. Some Grammarians tell us, the Neck, Hands, and Feet were made fast in it, and therefore it is probable, it was the same with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Fetters with five holes, mention'd by Pollux, and seems to resemble the punishment of binding Neck and Heels, us'd amongst our Souldiers. Aristophanes calls it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as his Scholiast informs us in his Comment upon these words in Lysistrate,

—〈 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 〉.

Women must have their stiff and haughty Necks With Fetters crampt, least they grow insolent And us of our Authority divest, For see here, in this Canvass-pourtraiture By skilful Micon drawn, how th' Amazons Mounted on prancing Steeds with burnisht spears engage▪

Mr. Abell.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, signifies Fetters in which the Feet, or Legs were made fast, as we are inform'd by Aristophanes in his Plutus, where speaking of an impudent, and insolent Slave, he saith, he deserves to be set in the Stocks,

— 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

You'r' ripe, you Rogue, for Fetters, the Stocks groan for you.

Not much unlike this seems to have been the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the matter it was made of (b). 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a piece of Wood, to which the Malefactor was bound fast, as the same Poet reports (c),

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

Here, Lictor, bring him in, and bind him to the Rack.

And a little after,

— 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Order the Executioner to strip Me naked, and to cord me to the Rack.

Mr. Abell.

Beside these, many others occurr in Authors, which barely to men∣tion would be both tedious, and unnecessary.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, perpetual Banishment, whereby the condemned Persons were depriv'd of their Estates, which were publickly expos'd to Sale, and compell'd to leave their Countrey without any possibility of return∣ing, except they were recall'd (which sometimes happen'd) by the same Power that expell'd them; wherein it differ'd from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which only commanded a Ten years absence, at the end of which, the banish'd Persons were permitted to return, and enjoy their Estates, which were all that time preserv'd entire to them (a). It was instituted not so much with a design to punish the Offender, as to mitigate and pacifie the furie of the Envious, that delighted to depress those, who were eminent for their Virtues, and glorious Actions, and by fixing this disgrace upon them, to exhale part of the venemous rancour of their Minds. The first, that underwent this condemnation was, as Plutarch reports, Hipparchus the Cholargian, a Kins-man to the Tyrant of the same Name. Eustathius makes it much ancienter, and carries it as high as Theseus's Time, who, he tells us out of Theophrastus and Pau∣sanias, was the first that suffer'd it (b). Heraclides will have it to have been first instituted by Hippias, the Tyrant, a Son of Pisistratus (c); Pho∣tius, by one Achilles, the Son of Lyco (d); and Aelian, by Clisthenes, who also, as he tells us, was the first that underwent it (e). It was never inflicted upon any but great Persons; Demetrius, the Phalerian, (as Plutarch reports) will have it to have happen'd to none but Men of great Estates, and therefore as an argument to prove the ple••tiful con∣dition of Aristides, (whom he maintains to have been possess'd of a large Fortune, contrary to the opinion of most other Writers) he al∣ledg'd, that he was banish'd by Ostracism. But my Author is of ano∣ther opinion, and not without reason, for all Persons were liable to the Ostracism, who for Reputation, Quality, Riches, or Elo∣quence, were esteem'd above the common level, and expos'd to the envy of the People, insomuch, that even Damon, Preceptor to P••ri∣cles, was banish'd thereby, because he seem'd a Man of more than or∣dinary Sence. Afterwards, when base, mean, and villainous Fel∣lows

became subject to it, they quite left it off, Hyperbolus being the last, whom they banish'd by Ostracism. This Hyperbolus was a very rascally Fellow, who furnish'd all the Writers of Comedy in that Age with matter for their Satirical invectives; but he was wholly uncon∣cern'd at the worst things they could say, and being careless of glory was also insensible of shame; he was neither lov'd, nor esteem'd by any body, but was a necessary tool for the People, and frequently made use of by them, when they had a mind to disgrace, or calumniate any Person of Authority, or Reputation. The cause of his Banish∣ment was this; Alcibiades, Nicias, and Phaeax at that time were of different Factions, and each of them bearing a great sway in the City, lay open to the envy of the inferiour Citizens, who, at Hyperbolus's perswasion, were very eager to decree the Banishment of some one of them. Alcibiades perceiving the danger they were in, consulted with Nicias, or Phaeax, (for it is not agree'd whether) and so contriv'd matters, that by uniting their several parties, the Ostracism fell upon Hyperbolus, when he expected nothing of it. Hereupon the People, being offended, as if some contempt or affront had been put upon the Thing, left off, and quite abolish'd it. It was perform'd, to be short, in this manner; Every one taking an 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Tyle, carried it to a certain part of the Market-place surrounded with wooden Rails for that purpose, in which were ten Gates, appointed for the ten Tribes, every one of which en∣ter'd at a distinct Gate. That being done, the Archons number'd all the Tyles in gross, for if there were fewer than six-thousand, the Ostracism was void; then laying every name by it self, they pro∣nounc'd him, whose name was written by the major part, banish'd for ten Years, enjoying his Estate (a). This punishment was some∣times call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, by which the People gave their Suffrages were Earthen Tyles, or pieces of broken Pots (b). The like was us'd at Argos, Megara, and Mile∣tum (c); and the Syracusian 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 was instituted upon the same account, in the third Year of the eighty-sixth Olympiad, but differ'd from it in this, That this Banishment was but for five Years, and in∣stead of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the People made use of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Leaves, usually those of the Olive-tree, in giving their Voices (d).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Death, was inflicted on Malefactors several ways, the chief of which were these,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, with which the Criminal was beheaded.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, with which he was either strangled after the Turkish fashion, or hang'd in the manner usual amongst us, for that this was a very ancient, but withal a very ignominious Punishment, appears from Homer, in whom Ulysses and Telemachus punish the Men, that took part

with the young Gentlemen, who made love to Penelope, only with a common and ordinary Death; but the Maid-servants that had sub∣mitted to their Lust, and behav'd themselves with scorn and contempt towards their Masters, as being guilty of a more heinous and noto∣rious Crime, they order'd to be hang'd; the manner of it the Poet has describ'd in these words (a),

— 〈 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 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Then young Telemachus a cable ty'd Hardned with pitch t'a lofty Pillar's side, That he might there make swings above the floor For all his nasty Queans, who'd play'd the Whore; In hempen Twists they all hung in a Row Tossing their Legs, and moving to and fro. So have I seen the warbling Larks beset With knotty mazes of the Fowler's net, H••w they do make a flutter and a rout With wings expanded, tho' they can't get out.

Mr. Abell.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Poyson, of which there were divers sorts, yet what they most commonly made use of, was the juice of the Herb 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Cicuta, not much unlike Hemlock, which thro' it's extreme coldness is poisonous; it was a draught of this gave Socrates his death,

Rem populi tractas, barbatum hoc crede Magistrum Dicere, sorbitio tollit quem dira cicutae.

You, who sustain the weight of Government, To these prudential Maxims be attent, Maxims, not mine, but that grave Sir's, whose fate A draught of Hemlock did precipitate.

(Mr. Abell.)

Saith Persius, meaning Socrates (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Precipice, from which the Malefactor was tumbled headlong.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were Cudgels of wood, with which Male∣factors were beaten to death (a), being hang'd upon a Pole, which was also call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and therefore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is by Suidas, and the Etymologist expounded 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by Hesychius; for their conceit is vain and ridiculous, that would thence inferr it to have been a kind of Gallows, or Cross. No less groundless and frivolous is their opinion, that imagine it to have been an instrument, on which Criminals were distended, like the Covering of a Drum, which the Greeks call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and to have been of the same nature with the Roman Fidiculae, which were little Cords, by which Men were stretch'd upon the Rack, and seem to have resem∣bled the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, us'd in the punishment call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Cross, mention'd in Thucydides (b), was us'd in Greece, but not so frequently as at Rome: it consisted of two Beams, one of which was plac'd cross the other; the figure of it was muchwhat the same with that of the letter T, as Lucian tells us (c), differing only from it, because the transverse Beam was fix'd a little below the top of the straight one. The Malefactor was hang'd upon the Beam that was erect, his Feet being fix'd to it with Nails, and his Hands to each side of that which was transverse.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a deep Pit belonging to the Tribe Hippothoontis, into which condemn'd Persons were cast headlong, it is sometimes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whence the publick Executioner receiv'd the appellation of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. It was a dark, noisome hole, a••d had sharp Spikes at the top, that no Man might escape out, and others at the bottom, to pierce and torment such as were cast in (d). From it's depth and capaciousness, it came to be us'd proverbially for a covetous, Miser, or voracious Glutton, that is always craving, and can never be satisfied; and such an one the Latins call'd Barathro, hence Lu∣cre••ius (e),

Aufer abhinc lacrymas, Barathro, & compesce querelas.

— Forbear thy sighs, Thou Miser, cease complaints, and dry thine Eyes.

And Horace,

Mendici, mimae, Barathrones, hoc genus omne (f). Beggars, Jack-puddings, Rooksters, and such like.

A place of the same Nature was the Lacedaemonian 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, into which Aristomenes the Messenian being cast, made his escape after a wonder∣ful manner, as Pausanias reports (g).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Lapidation, was a common punishment, and usually inflicted by the primitive Greeks upon such as were taken in Adultery, as we learn from Homer's third Iliad, where Hector tells Paris, he de∣serves to dye this death,

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

For all your villanies you shall be ston'd to death.

Many other punishments there were, which they inflicted for par∣ticular Crimes, some of which I shall treat of in their proper places.

As the Laws inflicted severe Penalties upon Offenders, thereby to deterr Men from Vice and Wickedness, and from base and dis∣honourable Designs, so again they conferr'd ample Rewards upon such as merited them, thereby to incite others to the practice of Vir∣tue and Honesty, and the performance of good and glorious Actions; and upon the just and equal dispensation of these two Things, it was Solon's Opinion, that the Safety of any Common-wealth chiefly de∣pended (a). Now not to mention publick Honours and State-pre∣ferments, to which even those of the inferiour Sort might not despair of advancing themselves in a popular State, if by their eminent Ser∣vices they approv'd themselves to the People; beside these, I say, there were several publick Rewards, and Honours conferr'd upon such as had merited enough to be thought worthy of them; The chief of which were these;

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, the privilege of having the first place at all Shows, Sports, Banquets, and publick Meetings (b).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, the Honour of having their Pictures, or Statues erected in the Cittadel, Forum, or other publick places of the City (c). With such monuments of Virtue Athens seems to have abounded more than any City in the World, as will evidently appear to any, that will be at the pains to peruse Pausanias's accurate description of them.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, Crowns, were conferr'd in the publick Assemblies by the Suffrages of the People, or by the Senators in their Council; but of these, because they were for the most part bestow'd upon those that had signaliz'd themselves by their Valour, as also of other Mili∣tary rewards, I shall give you an account of in another place.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was an immunity from all publick Duties, Taxes, and Contributions, except such as were requir'd for carrying on the Wars, which no man was excus'd from. This Honour was very rare, but yet there want not instances of it, as particularly those of Harmodius, and Aristogiton's whole Families, which enjoy'd it for a great many ge∣nerations (d).

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a maintenance al∣low'd

such as deserv'd well of the Common-wealth in the Common-hall, call'd Prytaneum. This Privilege was granted sometimes to whole Families for the Services of their Ancestors, as particularly to those of Hippocrates, Harmodius, and Aristogiton. Their common Fare was a sort of Cakes, or Puddings call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, upon Holy-days they had an allowance of Bread (a); and beside other provisions, the Tenths of all the Bellies of Animals offer'd in Sacrifice were always reserv'd for them, which if any Man neglected to send, he was liable to be punish'd by the Prytanes, as we learn from Aristophanes (b),

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

Your Frauds I'll to the Prytanes disclose, Since you with sacrilegious Stealth keep back The Tithes of sacred Victims Bellies.

A great deal more might be said about the Honours conferr'd after Death upon such, as had been eminently serviceable to the Common-wealth, in the celebration of their Funerals, and the pious care of their Memories, but this I shall leave to be spoken of in another place, I shall only add that not themselves only, but their Posterity reap'd the fruits of their Virtues, for if any of their Children were left in a poor condition, they seldom fail'd of obtaining a plentiful provision from the Publick; Thus Aristides's two Daughters were publickly mar∣ry'd out of the Prytaneum, the City decreeing each of them three-hun∣dred Drachms for her Portion. Nor is it to be wondred (saith my Author) that the People of Athens should take care of those that live in the City, since hearing that Aristogiton's Grand-daughter was in a low condition in the Isle of Lemnus, and, by means of her poverty, like to want Husband, they sent for her to Athens, marry'd her to a Per∣son of considerable Quality, and bestow'd upon her a large Farm, as a Dowry. Of which Bounty, and Humanity (saith he) this City of Athens, even in this Age, hath given divers Demonstrations, for which she is deservedly had in great Honour and Admiration (c).

CHAPTER XXV. Of the Athenian Laws.

IT was Tully's observation, that most of the Arts and Inventions, which are necessary to the management of Human life, owe their first Original to the Athenians, from whom they were deriv'd into the other parts of Greece, and thence carried into forreign Coun∣treys, for the common benefit of Mankind. But of all the Inventions commonly ascrib'd to them, none has been of greater, or more general use to the World, than that of Laws, which, as Aelian (a), and others report, were first establish'd in Athens. Most other ingenious con∣trivances respect the conveniencies of Human life, but upon this depends the very foundation of all Civil Government, and of all mu∣tual Society amongst Men; for by them the Magistrate is directed how to govern, and the People how far to obey; the Magistrate by them is settled in the possession of his Authority over the People, and the People too by them are secur'd from the arbitrary Power, and unrea∣sonable demands of the Magistrate, as well as from the Fraud, Vio∣lence, and Oppression of each other.

The Poets tell us, that Ceres was the first, that taught the Athenians the use of Laws; in memory of which benefit, they celebrated the Festival call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in which she was Worshipp'd by the Name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which exactly answers to the Latin Name of Legifera in Virgil (b),

— mactant lectas de more bidentes Legiferae Cereri. —

To Ceres, who first shew'd the use of Laws, They offer Lambs cull'd out of bleating Flock.

Some of the Laws of her Favourite, Triptolemus, are still extant, and I have spoken of them in another place. But to pass by Poetical and groundless fictions, thus much is certain, and evident, viz. That the Athenians were govern'd by Laws before the dissolution of their Monarchy, as may be observ'd from what Plutarch relates of Theseus, viz. That when he divested himself of Sovereign Power, and esta∣blish'd a Common-wealth in Athens, one of the Prerogatives that he thought fit still to retain, was the Custody, or Protection of the Laws.

The first, that gave Laws to the Athenians after Theseus's Time, was

Draco, who was Archon in the first Year of the thirty-ninth Olympiad. His Laws, Aelian (a) tells us, are properly call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but are re∣markable for nothing but their unreasonable severity; for by them every little offence was punish'd with death, and he that stole an Apple was proceeded against with no less rigour, than he that had be∣tray'd his Countrey. But these extremities could not last long, the People soon grew weary of them, and therefore, tho' they were not ab∣rogated, yet by a tacit consent they were laid asleep till

Solon, the next Law-giver, repeal'd them all, except those that con∣cern'd Murder, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; and, having receiv'd from the People Power to make what alterations he thought necessary, new modell'd the Common-wealth, and instituted a great many useful and excellent Laws, which, to distinguish them from Draco's 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And least, thro' the connivance of the Magistrates, they should in time be neglected, like those of his Predecessor, He caus'd the Senate, to take a solemn Oath to observe them, and every one of the Thesmothetae vow'd, that if he violated any of the Statutes, he would dedicate a golden Statue as big as himself to the Delphian A∣pollo, and the People He oblig'd to observe them for a hundred Years (b).

But all this care was not sufficient to preserve his Laws from the in∣novations of lawless, and ambitious Men; For shortly after, Pisistratus so far insinuated himself into the People's favour, that the Democracy in∣stituted by Solon was dissolv'd, and himself invested with Sovereign Power, which at his Death he left in the possession of his Sons, who maintain'd it for some Years; and tho' Pisistratus himself, as Plutarch reports (c), and his Sons after him, in a great measure, govern'd ac∣cording to Solon's directions, yet they follow'd them not as Laws, to which they were oblig'd to conform their Actions, but rather seem to have us'd them as wise and prudent Counsels, and vary'd from them, whenever they found them interfere with their interest, or inclinations.

Pisistratus's Family being driven out of Attica, Clisthenes took upon him to restore Solon's Constitutions, and enacted many new Laws (d), which continued in force till the Peloponnesian War, in which the Form of Government was chang'd first by the Four-hundred, and then by the Thirty Tyrants. These storms being over, the ancient Laws were again restor'd in the Archonship of Euclides, and others establish'd at the instance of Diocles, Aristophon, and other leading Men of the City. Last of all, Demetrius the Phalerean, being intrusted with the Govern∣ment of Athens by the Macedonians, was the Author of a great many new, but very beneficial and laudable Constitutions (e). These seem to have been the chief Legislators of Athens, before they submitted to the Roman yoak; two others are mention'd by Suidas, viz. Thales and Aeschylus, but are not taken notice of in other Authors.

Beside these, the Athenians had a great many other Laws, enacted upon particular occasions, and exigencies of the Common-wealth, by the Suffrages of the People; For I shall not in this place speak of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Decrees enacted by the Senate, because they were not settled and constant Laws, but only, as it were, so many Pro∣clamations, which, being enacted by no greater Authority than that of the Senators, whose Power was only annual, lost all their force and obligation when their Offices expir'd. The manner of mak∣ing a Law was thus; When any Man had contriv'd any thing, that he thought might conduce to the good of the Common-wealth, he first communicated it to the Prytanes, who were certain Officers ap∣pointed to receive all sorts of informations of things that concern'd the Publick; the Prytanes then call'd a meeting of the Senate, in which the new Project being propos'd, after mature deliberation was rejected, if it appear'd hurtful, or un••erviceable; if not, was agree'd to, and then call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Then the Prytanes took a Tablet, and wrote upon it the matter that was to be enacted into a Law, and the time in which ••he People were to meet in a publick Assembly, and determine it, and ••his was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

No Law was to be propos'd to the Assembly, except it had been writ∣ten upon a white Tablet, and fix'd up some Days before the Assembly at the Statues of the Heroes call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ that so all the Citizens might read what was to be propos'd at their next Meeting, and be able to give a more deliberate judgment upon it. When the multitude was come together th•• Decree was read, and every Man had libertie to speak his mind about the whole, or any clause of it, and if, after due consultation, the Populacy thought it inconvenient, it was rejected; if they approv'd of it, it pass'd into a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which, as we learn from Demosthenes, were the same as to their obligation, but differ'd in this, that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, was a general, and everlasting Rule, whereas 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 respected particular Times, Places, and other Cir∣cumstances (a).

No Man without a great deal of caution, and a thorough under∣standing of the former Laws, and Constitutions durst presume to pro∣pose a new one, the Danger being very great if it suited not with the customs and inclinations of the People; Eudemus a Cydiathenian is said to have lost his Life on that account, being made a Sacrifice to the rage of the Multitude. Not much unlike this severity was the ordinance of Zaleucus, the Locrian Law-giver, by which it was ap∣pointed, that whosoever propos'd the enacting of a new Law, or the abrogation of an old one, should come into the Assembly, with an Halter about his Neck, and in that dress give his reasons for what he propos'd, which if they were thought good and sufficient, his propo∣sal was embrac'd; if not, he straight-way pour'd out his Soul under

the Hang-man's hands. But the Athenians were not quite so rigid, ex∣cept upon some extraordinary occasion, when the giddy Mul••itude was hurry'd on with unusual rage and vehemence, as happen'd in Eu∣demus's case; yet if any Man establish'd a Law, that was prejudicial to the Common-wealth, he might be call'd in question, and brought to Tryal for it any time within the space of one Year, but if he was let alone any longer, the Laws took no notice of him. In these cases especially, a writ for transgressing the Laws, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, might take hold of him; First, if he had not taken care to publish his Proposal in due time; Secondly, if he propos'd it in ambiguous and fallacious Terms; Thirdly, if he propos'd any thing contrary to any of the for∣mer and received Laws; and therefore if any of the old Laws were found to oppose what they design'd to offer, they always took care to have them repeal'd before-hand (a). Because, notwithstanding all this caution, it sometimes happen'd that new Laws were enacted contrary to the old, it was order'd that the Thesm••thetae should once every Year carefully peruse the Laws, and if they found any of them oppose another, it was to be propos'd to the People, who were to proceed about it in the method that was us'd in abrogating other Laws, and so one of the Laws made void. In other cases it was unlawful for any Man to endeavour to have any Law repeal'd, without prefer∣ring a new one in it's place.

Now because the change of Time, and other Circumstances might make a great many alterations in Affairs, and Ordinances, that had for∣merly been useful and necessary, by the different State of Things be∣come unprofitable, and perhaps inconvenient, and prejudicial; it was ordain'd by Solon that once every Year the Laws should be careful∣ly revis'd and examin'd, and if any of them were found unsuitable to the present State of Affairs, it should be repeal'd; this was call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from the manner of giving their Suffrages by holding up their hands. The method of doing it was thus; On the eleventh Day of the month Hecatombaeon, after the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 had, ac∣cording to custom, made a solemn Prayer before the Assembly, the Laws were read over in this Order, first those, that concern'd the Senate; then those that respected the People, the nine Archons, and then the other Magistrates in their Order. This being done, it was demanded, Whe∣ther the Laws then in being were sufficient for the Common-wealth? and if it seem'd necessary to make any alteration in them, the conside∣ration was differr'd till the fourth of Metagitnion, upon which Day, was the last Ordinary Assembly, under the first Rank of the Prytanes, as the Repetition of the Laws had been at the first. In all this, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Laws concerning such matters, were nicely and punctual∣ly observ'd, and the Prytanes, and Proedri severely punish'd, if any thing was omitted. Upon the first of Metagitnion, another Assembly was call'd, and the Pr••edri reported the matter to the People, who did not

proceed to the determination of it themselves, but substituted the No∣mothetae to do it; and appointed five Orators, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to Pa∣tronize the ancient Laws in the Name of the People. If the calling of this Assembly was neglected, the Prytanes, by Solon's Command, had a Fine of a thousand Drachms laid upon each of them, and the Proedri one of four-hundred; all which the Thesmothetae were oblig'd to see paid into the Treasury of Minerva's Temple in the Cittadel, but in case they refus'd, the Thesmothetae were to bring an Indictment against them at the Court of Heliaea; which if they neglected to do, them∣selves were to be deny'd admission into the Areopagus. To return, the Nomothetae, having heard what the Orators could say in defence of the old Law, gave their Opinions accordingly, and their Sentence was ra∣tified by the People in the following Assembly (a).

Solon, and after his example, the rest of those that enacted Laws in Athens, committed their Laws to writing, differing herein from Ly∣curgus, and the Law-givers of other Cities, who thought it better to imprint them in the minds of their Citizens, than to ingrave them upon Tablets, where it was probable they might lye neglected and unregarded, as Plutarch hath inform'd us in his Life of Numa Pom∣pilius;

It is reported (saith he) that Numa's Body by his particular command was not burn'd, but that he order'd two stone Coffins to be made, in one of which he appointed his Body to be laid, and the other to be a Repository for his sacred Books and Writings, and both of them to be interr'd under the Hill Ianiculum; imita∣ting herein the Legislators of Greece, who having wrote their Laws in Tablets, which they call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, did so long inculcate the con∣tents of them, whilst they liv'd, into the Minds and Hearts of their Priests, that their Understandings became, as it were, living Libraries of those sacred Volumes, it being esteem'd a prophanation of such My∣steries to commit their secrets unto dead Letters.

In some places, espe∣ly before the invention of Letters, it was usual to sing their Laws, the better to fix them in their memories; which custom, Aristotle tells us, was us'd in his Days amongst the Agathyrsi, a people near the Scythians; and this he phansies was the reason, why the Musical rules for keeping Time were call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (b).

But Solon was of a contrary Opinion, esteeming it the safest way to commit his Laws to writing, which would remain entire, and impos∣sible to be corrupted, when the unwritten Traditions of other Law∣givers, thro' the negligence and forgetfulness of some, and the cun∣ning and knavery of others, might either wholly perish in oblivion, or by continual forgeries and alterations be rendred altogether use∣less and unprofitable to the Publick, but abundantly serviceable to the designs and innovations of treacherous and ambitious Men. The Tables in which Solon penn'd his Laws, Plutarch tells us, were of wood, and call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and so fashion'd that they might be turn'd round

in oblong Cases, some of them, he saith, remain'd till his Time, and were to be seen in the Prytaneum at Athens, being (as Aristotle affirms) the same with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But others are of Opinion, that those are properly call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which contain the Laws concerning Sacrifices, and the Rites of Religion, and all the rest, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Thus Plutarch (a). But Apollodorus, as he is quoted by the Scholiast upon Aristophanes (b), will have 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to be of Stone, and to signifie any Tablets, wherein Laws, or publick Edicts were written, and to have receiv'd their Name 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because they were erected up on high; or from the Corybantes, the first inventers of them, as Theopompus reports in his Treatise of Piety. Aristotle adds, that they were triangular, in his Treatise about the Republick of Athens, and is seconded herein by Pol∣lux (c), who farther remarks, that the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 were quadrangular, and made of Brass. Ammonius (d), to trouble you with no more Opinions about them, will have the distinction to consist in this, That the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, were four-square, containing the Laws that concern'd civil Affairs; whereas the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where Triangular, and contain'd Precepts about the publick Worship. What number there was of them, it is impos∣sible to divine, since none of the ancient Authors have given us any light in this particular. They were kept in the Cittadel, but after∣wards were remov'd to the Prytaneum, that all Persons might have re∣course to them upon any occasion (e); tho' some report that only Transcripts of them were carried thither, and that the Original, written by Solon's own hand, remain'd still in the Cittadel. Hence, as Pollux is of Opinion, came the Laws to be distinguish'd into 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, an•• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the former signifying the Laws that were in the Pry∣taneum, which was in the lower City; the latter, those that were kept in the Cittadel, or upper City. Others are of Opinion, that by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Demosthenes, whose expression it is, meant no more, than the lower part of the Tablet, but then, without dispute, he would have mention'd the number of the Tablets, as in other places He, and others usually do, and not have left us in the dark which of the Ta∣blets he meant; Again, the lower part of the Tablet might sometimes happen to contain the first part of the Law, which it is improper to call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because that word seems to import something beneath the rest, and towards the latter End; for one Tablet was not always large enough to contain a whole Law, as appears from Plutarch (f), in whom we find that the eighth Law was engrav'd in the thirteenth Tablet. Petit will have Demosthenes to mean no more by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, than the Law, which beneath, or, afterwards in the same Ora∣tion is cited by him. Others understand it of the lower Line, because the Laws are said to have been written 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, as Pausa∣nias

explains it (a), when the second line is turn'd on the contrary side, beginning at the end of the former, as the Husband-men turn their Oxen in ploughing, in this manner,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

It was against the Law for any Man to erase a Decree out of any of the Tablets, or to make any alterations in them; and for the greater security of them, there were certain Persons call'd from their Office 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whose business it was to preserve them from being corrup∣ted (b), and, as their Name imports, to transcribe the old, and enter th•• new ones into the Tablets; they were elected by the Senate, and, to render their Office more creditable, had several badges of Honour con∣ferr'd upon them, of which in their proper place. Thus much of the Athenian Laws in general; their particular Laws have been with great Industry collected by Petit, and are now english'd from the Original Greek by Mr. Abell.

Attick LAWS. Laws relating to Divine Worship, Temples, Fe∣stivals, and Sports.

LET Sacrifices be perf••rm'd with fruits of the Earth.

Let it be a Law among the Athenians for ever sacred and invio∣lable, always to observe due Homage in publick towards their Gods, and native Heroes, according to the usual Customs of their Coun∣trey; and with all possible sincerity to offer in private First-fruits with anniversary Cakes.

One Drachm shall be the price of a Sheep, eighteen of a Medimn.

Cattle design'd for Sacrifice shall be cull'd.

It's order'd, that the Sacrificer car••y part of his oblation home to his Family.

All the remains of the Sacrifice are the Priest's Fees.

Whosoever easeth Nature in Apollo's Temple, shall be Indicted, and Sentenc'd to Death.

All Slaves and Forreigners are permitted to come to the publick Tem∣ples, either out of curiosity of seeing, or devotion.

They, who survive the report of being Dead, are prohibited entrance into the Furies Temple.

Let no violence be offer'd to any one, who flyes to the Temples for succour.

While the Celebration of the monthly Festival continues at A∣thens,

it's order'd, that no one be defam'd or affronted in Private or Publick, and that no business be carry'd on, which is not pertinent to this Feast.

All, who frequent the Panathenaea, are forbid the wearing of gau∣dy and foppish Apparell.

It's enacted that at the institution of Panathenaea Majora Homer's Rhapsodies be repeated.

Sojourners are commanded to carry about at publick Processions little Vessels fram'd after the model of a Boat, and their Daughters Wa∣ter-pots with Umbrellas.

No Forreigner is to be initiated into the Holy Mysteries.

Death shall be his penalty, who divulges the Mysteries.

The Persons initiated shall dedicate the Garments they were ini∣tiated in, at Ceres and Proserpina's Temple.

No Woman shall go in her Chariot to Eleusis, and whoever com∣mits Theft, during the Feast kept at that place, shall be fin'd 6000 Drachms.

Let no petitionary Address be made at the Mysteries.

No one shall be Arrested, or Apprehended, during their Celebration.

An Assembly of the Senate shall convene in the Eleusinian Temple, the day following this Festival.

The Festival call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is to be annual, at which time there's to be a Gaol-delivery.

Evagoras hath caus'd it to be enacted, that when there's a Procession in the Piraeeus to the honour of Bacchus, and likewise at the Lenaean Procession, Comedies shall be acted, and that during the celebration of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in the Cittadel, Young-men shall dance, and Tra∣gedians with Comedians act, and that at these times, and while the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 continue, no suit of Law, Bailment, or Suretyship shall be made; if trespass be made against any one of these particulars, let the Person herein offending be prosecuted in the usual manner at the popular Assembly held in Bacchus's Theater.

It's establisht, that the Prytanes the day subsequent to these observan∣ces call a Senate in the Theater of Bacchus, upon the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where the first thing in debate shall be touching the sacred Rites, after that, the drawing up all the Indictments to be executed on the fore-mention'd Criminals at the Feasts.

No Arrestment shall be attempted on the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Execution of condemn'd Prisoners shall be deferr'd till the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 return from Delos.

No oblation of Victims shall be on the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

He, who comes off Conqueror at the Olympick Games, shall receive as his reward 500. Drachms, at the Isthmick, an 100.

Fifteen shall go to the constitution of a Tragick Chorus.

It's forbid that Aeschylus, Sophocles and Euripides be brought on the Stage, wherefore License is given, that the City-clerk read them pu∣blickly.

An emulatory performance among the Tragedians is order'd to be in the Theater, on the Feast call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and that he, that acts his part best, shall be chosen Denizon.

No one under 30 Years of age shall be an Actor.

Let no Archon be expos'd by any malignant aspersion in a Co∣medy.

If any reflections are design'd, let them be palliated under a feign'd Name.

Let all the different Airs, and specifick kinds of Musick be observ'd, and each of them be made use off at it's peculiar Festival.

All spectators shall sit with due Attention and Decorum in the Thea∣tre, and the Beadles are hereby impower'd to turn him out, who shall cause any noise or disturbance, but if any one contradict their com∣mission, and persevere in his rudeness, a Fine shall be his punish∣ment.

Sports exhibited in Honour of Neptune are to be in the Piraeeus, grac'd with three Dances perform'd in a ring, where the reward to them who come of best shall be ten 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to them whose performance is one degree below, eight, and six to the third rated Victors.

One day Yearly there's to be a publick Cock-fighting.

Sacrifices are required to be at the beginning of every Month.

Laws concerning them who Officiate in holy Rites.

THE 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is to take care that the Parasites be created out of the People, whose duty 'tis, each of them to reserve out of his allowance an Hecteum of Barley without the least deceit, for the main∣tenance of the Genuine Citizens Feast, to be kept in the Temple, ac∣cording to the custom of the Countrey. The Acharnensian Parasites are to lay up an Hecteum of their dole in Apollo's Reservatory, to which Deity they are to Sacrifice; their Chief likewise, the Old men, and Women who have had but one Husband, are oblig'd to joyn in the Sacrifices.

Out of those of spurious Birth, or their Children, the Parasites s••all elect a Priest, who shall officiate in the Monthly Sacrifices, and against him who declines it an Action shall be enter'd.

Two of the sacred Ceryces must undergo Parasiteship, for the space of one Year in Apollos's Temple at Delos.

The third part of the choicest of the Oxen is to be conferr'd on the Victor of a prize, the two remaining shall be divided between the Priests and Parasites.

Let there be given a just value of Money, to be disburs'd by the Priests for the reparation of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (or Treasury) of the Temple, and the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or place set apart for the Parasites Executing of ••heir Office.

Out of the most vigorous of the Old men, there are to be created

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. e. Persons to carry sprigs of Olive in the Panathenaea, in Honor of Minerva.

It is hereby appointed that the Consort of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 shall be a Citizen of Athens, and never before Marri'd.

Notthe Priests only shall give an account of their demeanour in the Priest-hood, but likewise the sacred Families.

No impure Person shall be elected into the Priest-hood.

Laws ••elating to the Laws.

As for the Review of the Laws, I have purposely omitted it, as being spoken of in the foregoing sheets.

The Decree.

TIsamenus hath establisht with the consent, and by the Authority of the People that Athens shall keep her ancient Form of Government, and make use of Solon's Laws, Weights, and Measures, with Draco's San∣ctions, as hitherto; if new ones shall seem requisite, the Nomothetae created by the Senate for that purpose, shall engross them on a Tablet, and hang 'em up at the Statues of the Eponymi, that they may be expos'd to the publick view of all Passers by; The same Month they are to be given up to the Magistrates, after they have past the Estimation of the Se∣nate of Five-hundred, and the delegated Nomothetae. Be it also farther enact∣ed, that any private Man may have free access to the Senate, and give in his Sentiments concerning them, after their promulgation; the Senate of Areopagus is required to take care that the Magistrates put these Laws in Execution, which for the conveniency of the Citizens are to be en∣grav'd on the Wall, where before they had been expos'd to publick view.

He that propounds a Law not conducing to the common Good, shall be indicted as a Pesterer of the Common-wealth.

The proposer of a Law after the Year's end shall be accus'd, if his Law be pernicious, but yet shall be liable to no Penalty.

No Law shall be repeal'd, before reference be made of it to the No∣mothetae, which being done, any Athenian may endeavour it's repeal, supposing he substitutes a new Law in it's stead. Both these the Proedri shall referr to the Votes of the People; the first proposal shall be con∣cerning the Old Law, whether it be any longer conducible to the pu∣blick Good, then the new one shall be propos'd; now which of the two the Nomothetae shall judge best, that shall be in force; yet this caution must be observ'd, that no Law shall be enacted which gainsays any of the rest, and the Person, who shall give in a Law inconsistent with the former constitutions, shall be dealt with according to the rigour of the Act against those, who promote prejudicial Laws.

He, who to abrogate an old Law promiseth to make a new one, and doth not, shall be Fin'd.

The Thesmothetae shall Yearly assemble in the Repository of the Laws, and cautiously examine whether one Law bears any contradiction to another, whether there be any Law unratified, or duplicates about the same thing; if any of these shall occur in their examination, it shall be written on a Tablet, and read at the Statues of the Eponymi. Which done, by the Epistata's Order, the People shall vote which of them shall be made void, or ratified.

Laws referring to Decrees of the Senate, and Commonalty.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Decrees of the Senate, are to be but of one Year's con∣tinuance.

No Psephism shall pass to the Commons before the Senate's supervisal.

The Tablets, on which the Psephisms are engrav'd, are by no means to be remov'd.

Let no Psephism, either of the Senate, or People, be of greater Autho∣rity than the Laws.

No Sophistication is to be contain'd in a Psephism.

Laws concerning Native, and Enfranchis'd Citizens.

ALL Laws are to be alike Obligatory towards the whole Body of the People.

All Priests, and Archons are to be elected out of the Nobility, whose duty 'tis to interpret all Laws both Civil, and Divine.

The 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or those of the meaner sort, shall be capable of no Magistracy.

The 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 shall have right of Suffrage in publick Assemblies, and of being elected Judges.

Let all the Citizens have an equal share in the Government, and the Archons be indifferently elected out of them all.

No Persons, but such as have suffer'd perpetual banishment, or those, who with their whole Families come to Athens for the conveniency of Trade, shall be enroll'd among the Denizons.

Let no Person, that's a Slave by birth, be made free of the City.

No one shall be admitted Citizen, unless a particular eminency of Virtue entitle him to it, yet if the People do conferr a Citizenship on any one for his merits, he shall not be ratified, before the Athenians, the next meeting of the Assembly, honour him with six-thousand pri∣vate Votes, the Prytanes likewise shall give them, before the entrance of the Strangers, the Boxes with the Calculi, and take away the Largesses,

which were the Persian Bucklers. Now these Persons after Enfranchize∣ment shall be altogether uncapable of being Archons or Priests; as for their Children, they may officiate, if born of a Free-woman; if the persons made Free presume the taking up of any Office, any Free-born Man may bring an Action against them, as Interlopers on his Privileges.

There shall be a disquition made, whether they, who are inserted in the Register of Citizens, be so, or no; they who shall not be found Citizens on both sides, let them be eras'd out; the determina∣tion of this shall be by their own Burrough, by whom if they be cast, and acquiesce in their Sentence without any farther Appeal to an higher Court, they shall be rank'd among the Sojourners; but they, that after Appeal shall be condemn'd by the higher Court, shall be sold for Slaves; or, if acquitted, shall continue in their Freedom.

It's permitted any Athenian to leave the City, and take his Family and Goods along with him.

Laws appertaining to Children legitimate, Spurious, or Adopted.

THEY only shall be reckon'd Citizens, whose Parents are both so.

He shall be lookt on as a Bastard, whose Mother is not Free.

Let none of Spurious birth, whether male, or female intermedle with either sacred, or civil Affairs from the time of Euclides being Archon.

That inheritance shall pass for good, which is given by a childless Person to an adopted Son.

Adoption must be made by Persons living.

No one, except the Person who adopted shall have a legitimate Son, shall relinquish the Family into which he is adopted, to return into his Natural.

Parents may give their Children what Names they will, or change those they have for others.

Whenever Parents come to enroll their Children, whether ge∣nuine, or adopted in the publick Register, they are oblig'd to profess by Oath, that they were lawfully begotten of a Free-woman.

Beasts design'd at this time for the Altar are to be of a certain weight, a Goat to weigh fifty 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and two Sheep fourty-eight.

The Oath to be taken by the Ephebi.

I'LL never do any thing to disgrace this Armour; I'll never fly from my Post, or revolt from my General, but I'll fight for my Coun∣trey, and Religion in an Army, or single Combat; I'll never be the Cause of weakning or endammaging my Country, and if it be my for∣tune to sail on the Seas, my Countrey thinking fit to send me in a

Colony, I'll willingly acquiesce and enjoy that Land which is al∣lotted me, I'll firmly adhere to the present constitution of Affairs, and whatsoever enactions the People shall please to pass, I'll see no body violate or pervert them, but I'll, either singly by my self, or by joyning with others, endeavour to revenge them, I'll conform to my Country's Religion: I swear by these following Deities, viz. the A∣grauli, Enyalius, Mars, Iupiter, the Earth, and Diana.

I'll stand so much up for the Honour of my Country, that, if occa∣sion require, I'll lay down my Life for it.

My endeavours to extend the Dominions of Athens shall never cease, while there are Wheat, Barley, Vine-yards and Olive-trees without it's Limits.

Parents shall have full right to disinherit their Children.

No one shall sell his Daughter, or Sister, unless he can prove her to be a Whore.

The first institution of Youth is to be in swimming, and the rudi∣ments of Literature; as for those, whose Abilities in the world are but mean, let them learn Husbandry, Manufactures, with Trades; but they, who can afford a gentile Education, shall learn to play on Mu∣sical Instruments, to ride the great Horse, shall study Philosophy, learn how to Hunt, and be instructed in 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 ••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 Fa∣ther 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is laid, but if con∣demn'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 Bat∣tery 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 Pole∣marchus.

If any Slave's Freedom hath been unjustly asserted by another, the Asser••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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 ap∣pear as Evidence in the above-mention'd Cause.

He, that redeems a Prisoner of War may claim him as his own, un∣less 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 Epistat••.

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 ac∣cording 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 ref••••'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 E∣states.

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 Pre∣sident, 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 their several Tribes are oblig'd by Oath to attempt the killing of that Man, who shall in the least seem to affect the Crimes here set down.

The Oath.

I'LL endeavour with my own hands to kill that Man, who shall dissolve the Athenian Republick, or after it's subversion shall bear any Office, and he shall be reputed by me wholly free from guilt, either in respect of the Gods or Daemons, who shall take away his Life, or encourage another so to do; farther, in the distribution of his Goods, I'll pass my Vote, that the Slayer shall have half: and He, that in the attempt shall have the misfortune to lose his own Life, shall, with his Heirs, have due Respect and Honour from me, as Har∣modius and Aristogiton with their Posterity.

All Oaths, that shall be taken in time of War or any other Juncture, if inconsistent with the Athenian Constitutions, shall be null and void.

No Office, impos'd by the People, shall be refus'd by Oath before the Senate.

Whoever casts scurrilous abuses on a Magistrate while officiating, shall be Fin'd.

The Examination, and interrogatory Disquisition of the Archons.

WHETHER they are Citizens by a lawful lineage of Pro∣genitors for three generations, and from what Family they as∣sume their Pedigree, whether they derive their Progeny from Paternal Apollo, and Iupiter Herceus?

Quest. Heark you, Friend, who's your Father?

Answ. What Sir, d'ye mean my Father? N. or N.

Quest. What Kindred can you produce to make Evidence?

Answ. Sufficient Sir, first of all these Cousins, then these Persons who have right to the same Burying-place with us, these here of the same Phratria, and these related to Apollo Patrius, and Iupiter Herceus, lastly, these Gentlemen of the same Burrough, who have repos'd the Trust and Management of Offices in me, and honour'd me with their Suffrages.

Quest. D'ye hear Friend? Who's your Mother?

Answ. What mine d'ye mean? N. or N.

Quest. What Kindred have you to show?

Answ. These first, and second Cousins, and those of the same Phra∣tria, and Burrough.

Then the Case is to be put.

• Whether they have Honour'd their Parents?
• Whether they have Fought for their Country?
• Whether they have Possession of an Estate, and all their Limbs▪ sound?

The Archon's Oath.

I'LL be punctual in the observance of the Laws, and, for every de∣fault herein, I'll forfeit a Satue of Gold, of equal Proportion with my self, to the Delphian Apollo.

An Archon, that shall be seen overcharg'd with Wine, shall suffer Death.

If any one is contumeliously piquant, beats any Thesmetheta, or blasts his reputation, a crown'd Archon's, or any other's, whom the City privileges with an Office, or confers any dignity upon, let him be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

The Areopagite Senate, when Vacancies fall, shall yearly be recruited out of the Archons.

The Areopagites shall have inspection into the Deportment, and Be∣haviour of the Athenians.

Let no Areopagite make a Comedy.

The Senate of Areopagus shall give an Account of their Manage∣ment before the Logistae.

Let a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 have Children lawfully begotten, and enjoy an Estate within the Confines of Attica.

The Oath of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

I'LL twice a Year make an Incursion into the Megarensian Ter∣ritories.

I'll inform against such of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as shall endammage the Fleet of their Allies.

No one shall be created Syndic, or Astynomus above once.

The Quaestors shall be chosen by Suffrages.

A Quaestorship must not be kept above five Years.

It's Death to go an Embassie without Commission from the Senate, or People.

No one shall be Secretary above once under the same Magistrate.

Laws respecting Orators.

NO one under the Age of thirty Years shall speak an Oration in the Senate, or Popular Assembly.

An Inspection into the Orators Lives.

LET no one be a publick Orator, who hath struck his Parents, denied them ••aintenance, or shut them out of doors; who hath refus'd going into the Army in case of publick Necessity, or thrown away his Shield; who hath committed whoredom, or given way to effeminacy; who hath run out his Father's Estate, or any inheritance left him by a Friend; if, notwithstanding any of these heinous performances, any one shall dare to deliver a publick Oration, let those, who are Commis∣sion'd, bring him to the Test in open Court.

Let an Orator have Children lawfully begotten, and let him be ma∣ster of an Estate within Attica's Borders.

If an Orator, either before the Senate, or People, hath not pertinent∣ly and distinctly handled the thing propounded, or hath descanted twice on the same subject, hath been piquantly censorious, and hath abu∣sively animadverted upon any one's behaviour, hath spoken incohe∣rently to the Proedri's determination, or, hath encourag'd any one so to do, or if he hath abus'd the Epistata after the rising of the Assembly, or Senate; such an one's Insolence shall be punish'd by the Proedri with a

mulct of fi••ty Drachms, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 shall have intelligence of his mis∣demeanours, and if his penalty shall seem too light for his Crimes, besides his Fine, let him be hal'd to the next convention of the Senate, or Assembly, where if condemn'd, the Senate passing private Votes, the Proedri shall exact a Fine from him to be paid to the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for his 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or breach of the Laws.

Laws treating of Duties, and Offices.

THE Archons shall appoint in the Assembly by Lots a certain num∣ber of Flute-players to be at the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or publick Dancings.

No Stranger shall joyn in a Dance with a Chorus, if he do, the Cho∣ragus shall be Fin'd a thousand Drachms.

Let it be lawfull to inform against a Stranger to the Archon before his entrance into the Theater.

A stranger, if indicted by a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for dancing, shall be Fin'd fifty Drachms, and a thousand, if he persist after prohibition.

Those Dancers, who are disfranchis'd, are to be drove of the Stage.

Sixteen Men are to be chosen out of all the publick Companies, to contribute equally towards the building a Man of War, which service they are to engage in from twenty-five years of Age to forty.

The qualification for a Trierarch is, that he be worth ten Talents, ac∣cording to which estimation he is to be chosen, but if his Estate is ra∣ted more, let him build Ships equivalent, yet at most but three, with a Skiff; they, who are not worth so much, shall be join'd together so many of them, till their Estates make up the summ.

The Trierarchs, and Overseers of the Navy shall be commission'd to register their Names, who, being of the same 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, are indebted to the Common-wealth for Ship-rigging, for which they shall sue them.

He, that owes rigging, shall either give it, or be main-priz'd.

All Trierarchs elect shall betake themselves to the Ships, they are constituted over.

All Trierarchs are to render an account of their Administration.

There shall be yearly Appointments for the exchange of Offices, where he, that shall be design'd a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Trierarch∣ship.

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 po∣pular 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 Assem∣bly, 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 Har∣modius 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 suppli∣cates for it, shall be disfranchis'd, together with all his House and Fa∣mily, and shall be liable to the Actions of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 per∣mitted 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 Mercu∣ry'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 Pa∣laestra.

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 Peo∣ple'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 in∣to 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Ap∣pearance, 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 Pri∣soner shall be acquitted.

Let there be a number of Urns, or Vote-boxes, equal to the num∣ber 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 com∣mitted 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

All private bargains, that are struck up between parties before Wit∣nesses, 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, which have been once decided.

Any Man shall be permitted to non-suit his Adversary, if the Action laid against him be not lawfully enter'd.

They who have receiv'd dammages, may prosecute within five years.

There may be Actions enter'd about contracts made out of Attica, or Wares exported out of it to any other Place.

Laws concerning Arbitrators.

PEOPLE, that have any Law-suits about private Matters, may choose any Arbitrator, but so, as to stand to his definitive Sen∣tence, whatsoever it is.

Such Arbitrators are to swear before Verdict be given.

The Arbitrators are to wait for the Plaintiff's appearance till Sun-set, and then, in case he don't appear, shall inflict such a Penalty, as shall be convenient.

It's lawfull to make Appeal from Arbitrators chosen by Lots to other Courts of Justice.

A Law about Oaths.

OATHS shall be attested by three Gods, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the Suppli∣cant's President, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Purifier, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Dispel∣ler of Dangers, or Evils.

Laws treating of Witnesses.

THEIR Evidence shall not be taken, who are 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

No Slaves shall appear as Evidences.

No one shall be Evidence for himself, either in Judicial Actions, or in rendring up Accounts.

Both Plaintiff and Defendant are oblig'd to answer each other's Questions, but their Answers shall not pass for Evidence.

There shall be no constraint for Friends and Acquaintance, if con∣trary to their Wills, to bear Witness one against another.

Let the Penalty of the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be in force against those, who bear, or suborn false Witness.

Evidence shall be declar'd in writing.

Witnesses, being once sworn, shall by no means draw back from what they are to attest.

Eye-witnesses shall write down what they know, and read it.

His Evidence shall suffice, that can give his 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or what he heard from a Person deceas'd; or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or an attestation receiv'd from one gone to Travel, supposing the Traveller hath no possibility of returning.

That Witness, who declines his Evidence, shall be Fin'd a Drachm.

One cited for a Witness shall either give in his Evidence, swear he knows nothing of it, or incurr a mulct of a thousand Drachms to be paid to the publick Exchequer.

Let contesting Parties, if they will, make use of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

False Witnesses shall be prosecuted with the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, He that suborn'd them with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Laws touching Judgments already past.

THERE shall be no renewing of any thing dispatcht by Iudges ei∣ther in the publick, or more private Courts, or by the People, ac∣cording to the Enactions of their Decrees; there shall be likewise no suffraging and impeaching any one contrary to the prescription of the Laws.

All Iudgments, or Verdicts whatsoever deliver'd by the Iudges in the popular State, shall stand good, but all Acts and Decrees, that are made under the T••irty Tyrants, shall be void.

Laws concerning Punishments.

THE Judges are not to proceed so strictly to the rigour of their Sen∣tence, as that Corporal, and Pecuniary Punishments shall be in∣flicted at one and the same time.

They, who run into errors unwittingly, shall not be call'd in Que∣stion, but some adhortatory Lessons of their Duty are to be privately inculcated.

The most sufficient and wealthiest of the Athenians shall be exil'd by Ostracism for ten Years, least they should rise up and rebell.

No one is to harbour an Exile, he, that do••h, is to participate of the same Fate with him.

Let both Delinquent, and Abettor receive punishments alike.

He, that professeth himself guilty before arraignment, shall be con∣demn'd.

Debtors, who have been found to owe money, shall be oblig'd to pay from the very day the debt was due, whether they are registred in the Debt-book, or no; and he that doth not make payment within the ninth Prytanie, shall be oblig'd to pay double.

No one indebted to the City shall enter on any Office.

That Debtor, who hath been convicted of making an Oration to the People, shall be put into the Court of the Eleven.

Debtors, till they have clear'd off all, shall be disfranchis'd; but if they die, not having fully discharg'd the Debts, their Heirs shall be di••fran∣chis'd, till they make satisfaction.

After payment is made, the Debtor's Name shall be eras'd out of the Debt-book.

The Thirds of the Debtor's Goods, which are forefeited to the Exche∣quer, shall fall to any private Person, that informs against him.

Let those, who are Debtors to the Publick, and have not their Names enroll'd, be sued by the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

They, who have been unjustly registred as Debtors, shall be struck out, and their Names, who registred them, be put in their place.

If any Debtor shall be blotted out of the Albe, or Register, before he hath discharg'd his Debt, let the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be brought against him in the Court of the Thesmothetae.

Whosoever hath been branded with Infamy before Solon's Archon-ship, shall be reprivileg'd, except those, whom the Areopagites, Ephetae, or Prytanes have banisht, by the appeal of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for Murther, Bur∣glary, or Treason, when this Law was promulg'd.

No intercession shall be made for any disfranchis'd Person, nor for any one indebted to the publick Exchequer, or the Gods, towards the investing the former with his Privileges, and erasing the latter's Name out of the Debt-book, unless the Athenian People by six-thousand private Votes permit it. If any one puts up an address to the Senate, or People for them, whom the Judges, Senate, or People have already cast, or the Debtor supplicate for himself before payment be made; let the Writ call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be issued out against him after the same manner, as against those, who, tho' indebted, presume to act as Judges; if any other body, before restitution of the Debt be made, intercede for the Debtor, let all his Goods be expos'd to Sale, and if a P••oedrus give a Debtor, or any Person on his account leave to propose the petition to be voted before Accounts are made up, he shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Laws referring to Receivers of publick Revenues, the Exchequer, and Money for Shows.

THE Senate of Five-hundred shall put such, as farm the publick Revenues, and are negligent to pay their Rent, in the Stocks.

If the above mention'd Officers don't bring in their Rents before the ninth Prytanie, they shall pay double.

They, who are entrusted with Money for the carrying on of Religious Affairs, shall render it up in the Senate; which if they neglect, they shall be proceeded against according to the Laws enacted for Publick Revenues.

They, who imploy the publick Stock a whole Year for their own

use, shall be oblig'd to restore double, and they, who continue thus sqandring another Year, shall be clapt into Gaol until payment be made.

A thousand Talents are yearly to be laid by for the defending of At∣tica against forreign Invasions, which Money if any Person propose to lay out on any other design, he shall suffer Death.

At the eruption of a suddain War, Souldiers shall be paid out of the remainder of the Money design'd for Civil uses.

If any one proposes that the Souldiers pay should be taken out of the Money design'd for the exhibition of Shows, he shall be put to Death.

Laws about Limits, and Land-marks.

IF there be a publick Well within the space of an Hippicum, any one may make use of that; but otherwise, every Person shall dig one of his own.

If any one digs a Well near another Man's ground, he must leave the space of an 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 betwixt it, and his neighbour's enclosure.

He, that digs a Well ten 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 deep, and finds no spring, may draw twice a day out of his neighbour's six Vessels of Water, call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Let him, who digs a Ditch, or makes a Trench nigh another's Land, leave so much distance from his neighbour, as the Ditch, or Trench is deep.

If any one makes an Hedge near his neighbour's ground, let him not pass his neighbour's Land-mark; if he builds a Wall, he is to leave one foot betwixt him and his neighbour; if an House, two.

He, that builds an House in a Field, shall place it a Bow-shoot from his neighbour.

He, who keeps an Hive of Bees, must place them three-hundred Feet from his neighbour's.

Olive, and Fig-trees must be planted nine Feet from another's ground, but other Trees, five.

If any one plucks up the sacred Olive-trees at Athens, besides the two yearly allow'd to be us'd at the publick Festivals, or Funerals, he shall pay an hundred Drachms for every one unlawfully pull'd up, the tenth part of which Fine shall be due to Minerva. The same Offender shall also pay an hundred to any private Person who shall prosecute him; the Action shall be brought before the Archons, where the prosecutor shall deposite 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The Fine laid on the convicted Criminal the Archons, before whom the Action is brought, shall give an Account of to the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and of that part, which is to be reposited in Minerva's Treasury, to her Quaestors, which if they don't, themselves shall be liable to pay it.

Laws respecting Lands, Herds, and Flocks.

MEN shall not be permitted to purchase as much Land, as they desire.

All wild Extravagants, and Spend-thrifts, who lavishly run out the Estates left them by their Fathers, or others, shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Any one, who brings an He-Wolf, shall have five Drachms, and for a She-Wolf, one.

No one shall kill an Ox which labours at the Plough, neither shall any one kill a Lamb of a Year old.

Hurt not living Creatures.

Laws relating to Buying and Selling.

IF any Person sues for the title of Land, he shall prosecute the Possessor, with the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, if of an House, with a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

There shall be no cheating among the Market-folks.

That Fish-monger shall incurr imprisonment, who shall over-rate his Fish, and take less than he first proferr'd them for.

Fish-mongers shall not lay their stinking Fish in water, thereby to make it more vendible.

Laws appertaining to Usury, and Money.

A Banker shall demand no more Interest-money, than what he agree'd for at first.

Let Usurers Interest-money be moderate.

No body, who hath put in surety for any thing, may sue for it, He, or his Heirs.

Pledges, and Sureties shall stand but for one Year.

No one to clear his debt shall make himself a Slave.

He, who sets an appointed time for the sealing of Contracts, or making good of Promises, and sneaks away when the time is out, shall have his House rifled.

The Fine ensuing the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, shall go to the Pu∣blick.

An hundred Drachms shall go to a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

All Coun••erf••iters, Debasers, and Diminishers of the currant Coyn shall lose their Lives.

Let no Athenian, or Sojourner lend money to be exported, unless for Corn, or some such commodity allowable by Law.

He, who sends out Money for other uses, shall be brought be∣fore the Masters of the Custom-House, and prosecuted by an Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, after the manner of them who are caught transporting Corn unlawfully; let such an one have no Writ or Warrant permitted him against the Person to whom he lent Money, neither shall the Archons let him enter any Tryal in the Judicial Courts.

Laws about Wares to be imported to, or exported from Athens.

ALL Olives are exportable, but other things are not; so that the Archon shall openly curse the Persons that export them, or else be amerc'd an Hundred Drachms.

Figs are restrain'd by Law from exportation.

If any Athenian Factor, or Merchant convey Corn any where else than to Athens, the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is to be brought against him, and the Informer shall claim half the Loading design'd for illegal expor∣tation.

He, who impleads a Merchant on sleight grounds, shall have both the Actions of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, brought against him.

He shall be Fin'd a thousand Drachms, and wholly debarr'd from issu∣ing out the Actions of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who shall desist from the prosecution of any Man accus'd by him, or doth not acquire the fifth part of the Suffrages.

Let no Inhabitant of Athens buy more Corn than fifty Phormi will contain.

No one shall export Wood, or Pitch.

All Controversies and compacts made by Bonds between Mariners, either sayling for Athens, or bound elsewhere, shall be brought un∣der the Cognizance of the Thesmothetae; if any Mariners, in any of the Marts, bound to Athens, or for any other Place, are found guilty of injustice, they shall be clapt into Custody till the Fine, which shall be impos'd on them, is paid; any of them may non-suit his Adversary, if he be illegally prosecuted.

No Water-men, and Masters of Ships shall carry Passengers any where else, than they agree'd at first.

Laws respecting Arts.

ANY one may accuse another of Idleness.

No Man shall have two Trades.

No Man shall sell Perfumes.

Forreigners shall not be privileg'd to sell Wares in the Market, or profess any Calling,

Any one may bring an Action of Slander against him, who dispara∣ges, or ridicules any Man, or Woman for being of a Trade.

He, who by his Profession gets best repute, and is reckon'd the most ingenious in his way, shall have his Dyet in the Prytaneum, and be honour'd with the highest Seat.

That Ferry-man shall be prohibited the exercise of his employ, who overturns his Boat, tho' unwillingly, in wasting over to Salamis.

Laws concerning Societies, with their Agreements.

IF Fellow-Burgesses, those of the same 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, those who are occu∣pied in the same Sacerdotial Function, viz. the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or they who diet together, have equal claim to the same Burying-place, travel together for the buying of Corn and other Traffick, if any of these Persons make any Bargains not inconsistent with the Laws, they shall stand good.

If any one recedes from a promise made to the Commons, Senate, or Iudges, he shall be proceeded against with the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and, if found guilty, be punish'd with Death.

He, that doth not stand to an engage••ent made publickly, shall be disfranchiz'd.

He, His Heirs, and all who belong to him shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who hath receiv'd bribes himself, tamper'd others with them, or us'd any insinuating Artifice to the prejudice of the State.

He, who being in a publick Office receives bribes, shall either loose his Life, or make retribution of the bribes ten-fold.

Laws belonging to Marriages.

NO Man shall have above one Wife.

No Athenian is to marry any other than a Citizen.

If an Heiress is contracted lawfully in full Marriage by a Father, Brother by Father's side, or Grand-sire, it's lawful to procreate with her Free-born Children; but if she be not betroth'd, these Rela∣tions being dead, and she consequently an Orphan, let her have a Guardian to joyn her in Wedlock to the next of kin; but supposing she is no Heiress, and but low in the world, let her choose what Guar∣dian she please, and he shall be oblig'd to the performance of his Trust.

If any one marry a Stranger, as his Kins-woman, to an Athenian Ci∣tizen, he shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, his Goods publisht to Sale, the Thirds

of which shall fall to the Impeacher, who shall make him appear before the Thesmothetae, after the manner of those, who are prosecuted with the Action of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

A Stranger, that settles with a Citizen-Woman, may be sued by any one impower'd thereto, in the Court of the Thesmothetae, where if the Law goes against him, he shall be sold, and the third part of what he is sold for, and of his Estate be given to the accuser; in the same manner For∣reign-women shall be dealt with, who marry Free'd-men, and beside that, the Man shall forfeit a thousand Drachms.

No Athenian Woman shall marry her self into an exotick Family.

Any one may make a Sister by Father's side his Wife.

No Heiress must marry out of her Kindred, but shall resign up her self, and Fortune to her nearest Relation.

Every Month, except in that call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Iudges shall meet to inspect into those who are design'd for Heiresses Husbands, and shall put them by as incapacitated, who cannot give sufficient credentials of their alliance by Blood.

If any one sues another by a claim to the Heiress, he must deposite 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the tenth part of her Portion, and he, who enjoys her, shall lay his Case open to the Archon, but in case he makes no Appeal, his right of inheritance shall be cut off; if the Heiresse's Hus∣band, against whom the Action is brought, be dead, the other, with∣in such a time as the nature of the Thing doth require, shall make an Appeal to the Archon, whose business it is to take Cognizance of the Action.

If a Father bury all his Sons, he may entail his Estate on his mar∣ri'd Daughters.

If an Heiress cannot conceive Children by her Husband, she may seek aid amongst the nearest of her Husband's Relations.

All Men are oblig'd to lie with their Wives, if Heiresses, three nights, at least, in a Month.

He, that ravishes a Virgin shall be oblig'd to marry her.

A Guardian shall not marry the Mother of those Orphans, with whose Estate he is entrusted.

Slaves are allow'd the Familiarity of Women.

When a New-marri'd Woman is brought to her Husband's House, she must carry with her a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in token of good House-wifery.

Let a Bride, at the first bedding with her Bridegroom, eat a Quince.

Laws touching Dowries.

A Bride shall not carry with her to her Husband above three Gar∣ments, and Vessels of small value.

They, who are the next in Blood to an Orphan-Virgin that hath no Fortune, shall marry her themselves, or settle a Portion on her according as they are in Quality, if of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, five-hundred Drachms; if of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, three-hundred; if of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, one hun∣dred and fifty: but if she hath many Kindred equally alli'd, all of them severally shall put in a contribution, till they make up the respective summ; if there be many Orphan-virgins, their nearest Relation shall ei∣ther give in Marriage, or take one of them to Wife, but if he doth nei∣ther, the Archon shall compell him; but if the Archon does connive at the neglect, he himself shall be Fin'd a thousand Drachms, to be consecrated to Iuno. Whoever breaks this Law may be indicted by any Person before the Archon.

That Woman, who brings her Husband a Fortune, and lives in the same House with her Children, may keep their Estates in her own hand without paying Interest-money.

An Heiress's Son, when come to man's Estate, shall enjoy his Mo∣ther's Fortune, and keep Her.

He, that promises to settle an Estate on a Woman, shall not be forc'd to stand to it, if she dies without Heirs.

Laws referring to Divorces.

HE, who divorceth his Wife, must make restitution of her Portion, or pay in lieu of it nine Oboli every Month, her Guardian other∣wise may prosecute him in the Odeum with the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for her maintenance.

If a Woman forsake her Husband, or He put away his Wife, He, who gave her in Marriage, shall exact the Dowrie given with her, and no more.

That Woman, who hath a mind to leave her Husband, must give in a separation-bill to the Archon with her own hand, and not by a Proxy.

Laws belonging to Adulteries.

HE, that deflowrs a Free-woman by force, shall be Fin'd an hundred Drachms.

He, who in the same manner violates a young Maiden's Chastity, shall be Fin'd a thousand Drachms▪

He, that catches an Adulterer in the Fact, may impose any Arbitrary punishment.

If any one is injuriously clapt up on suspicion of Adultery, He shall make his complaint by Appeal to the Thesmothetae, which if they find justifiable, He shall be acquitted, and his Sureties discharg'd from their Bail; but in case he be brought in Guilty, the Judges shall lay on him, death only excepted, what punishments they will, and he be forc'd to get Friends to pass their word for his future Chastity.

If any one commit a Rape, he shall be amerc'd twice as much as is usual otherwise.

No Husband shall have to do with his Wife any more after she hath defil'd his Bed, and her Gallant convicted; and, if he does not put her away, he shall be esteem'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; hereupon she is prohibited coming to publick Temples, where if she does but enter, she is liable to any Penalty, except Death.

No Adulteress shall be permitted to adorn her self, she, that doth, shall have her Garments cut or torn off her back by any that meets her, and likewise be beaten, tho' not so as to be kill'd, or disabled.

No Woman of innocent conversation shall appear abroad in an im∣modest or affected Garb, she, that doth, shall forfeit a thousand Drachms.

Women are forbid to travel with above three Gowns, or more meat and drink than they can purchase for an Obolus, neither shall they car∣ry with them above an Hand-basket, or go out any where by nigh•• but in a Chariot, with a Lamp or Torch carry'd before it.

Laws relating to the Love of Boys; Procurers, and Strumpets.

NO Slave shall Caress, or be Enamour'd with a Free-born Youth, he who is, shall receive publickly fifty stripes.

If any one, whether Father, Brother, Uncle, or Guardian, or any other who hath Jurisdiction over a Boy, take hire for him to be effeminately embrac'd; the catamited Boy shall have no Action issued out against him, but the Chap-man, and Pander only, who are both to be punish'd after the same manner; the Child, when grown up to maturity of Age, shall not be oblig'd to keep his Father so offending, only, when dead, He shall bury him with decency suitable to a Parent's Obsequies.

If any one prostitute a Boy, or Woman, He shall be prosecuted with the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and, if convicted, punish'd with Death.

Any Athenian impower'd so to do, may bring an Action against him who hath vitiated a Boy, Woman, or Man Free-born, or in Service, for the determination of which the Thesmothe••ae are to create Judges to sit in the Heliaea, within thirty days after the complaint hath been brought before them, or, suppose any publick concern hinders, as soon as occa∣sion will permit; if the Offender is cast, He shall immediately under∣go

the punishment, whether Corporal, or Pecuniary, annext to his Of∣fence; if he be sentenc'd to die let him be deliver'd to the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and suffer Death the same Day; if the vitiated Servant, or Woman be∣long to the Prosecutor, and he lets the Action fall, or doth not get the fifth part of the Suffrages, He shall be fin'd a thousand Drachms; if the Criminal be only fin'd, let him pay within eleven Days, at the far∣thest, after Sentence is past; if it be a Free-born Person he hath vitiated, let him be kept in bonds till payment thereof.

He, that hath prostituted himself for a Catamite, shall not be elected an Archon, Priest, or Syndic, shall execute no Office, either within, or out of Attica's boundaries, conferr'd by Lot, or Suffrage; he shall not be sent on an Embassie, pass Verdict, set footing within the pu∣blick Temples, be crown'd on solemnary Days, or enter the Fo∣rum's purified Precincts; if any one convicted of the above-mention'd lasciviousness be caught offending in any one of these points, he shall suffer Death.

Persons, who keep company with common Strumpets, shall not be accounted Adulterers, for such shall be in common for the satiating of Lust.

Whores shall wear, as a Badge of distinction, flower'd Garments.

Laws appointed for the drawing up of Wills, and right Constitution of Heirs and Successors.

THE Right of Inheritance shall remain in the same Family.

Boys, or Women are to receive for their Inheritance no more than a Medimn of Barley.

All Genuine Citizens, whose Estates were impair'd by litigious Suits when Solon entred the Praetor-ship, shall have permission of leaving their Estates to whom they will, admit they have no Male-children alive, or themselves be not craz'd thro' the infirmities of old Age, the misery of a distemper, or the enchantments of Witch∣craft, or if they be not hen-peckt, or forc'd to it by some unavoidable necessity.

The Wills of such as having Children, yet dispose of their Estates, shall stand good, if the Children die before they arrive to Maturity.

Any one, tho' he hath Daughters alive, may give his Estate to ano∣ther body, on this proviso, that the Person enjoying it shall marry a Daughter.

Adopted Persons shall make no Will, but as soon as they have Chil∣dren lawfully begotten, let them return into the Family, whence they were adopted; or if they continue in it to their Death, then they shall return back the Estates to the Relations of the Person that adopted.

All legitimate Sons shall have an equal claim to their Father's Inhe∣ritance.

He, that, after he hath adopted a Son, begets legitimate Chil∣dren, shall share his Estate among the legitimate, and adopted.

The Estate of him, that dies intestate, and leaves Daughters, shall come to those, who marry them; but if there are no Daughters, these shall enjoy it, viz. His Brothers by the Father's side and their Sons; if he hath neither Brothers nor Nephews, then Males descended from them, tho' very far distant in Kindred; but if none of the Grand-children remain down to the second Cousins by the Man's side, the Wife's Relations shall put in for the Inheritance; admit there are none living of either side, they, who have the nearest pretence to Kindred, shall enjoy it; as for Bastards, from Euclides's Archon-ship, they shall pretend no right to Kindred; if there is a lawfully begotten Daughter, and an illegi∣timate Son, the Daughter shall have preference in Right to the E∣state, both in respect of Divine and Civil Affairs.

No Bastard shall have left him above five 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

All the Year round, except in the Month 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Legacies shall be examin'd by Law, so that no one shall enjoy any, unless law∣fully devolv'd on him.

He, that issues a Writ against one settled in an Inheritance shall bring him before the Archon, and deposite 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as is usual in other Actions, for unless he prosecutes the Enjoyer he shall have no Title to the Estate; and if the immediate Successor, against whom the Action is brought, be dead, the other, within such a time as the na∣ture of the Action doth require, shall make an Appeal to the Archon, whose business 'tis to take Cognizance of this Action, as also it was of the former Action of the Man in possession of the Estate.

Five Years being expir'd after the Death of the immediate Successor, the Estate is to remain secure to the deceas'd Person's Heirs, without being liable to Law-suits.

Laws appertaining to Guardianship.

NO one can be another's Guardian, who is to enjoy the Estate af∣ter his Death.

Guardians shall let out their Pupils Houses.

The Archon shall be oblig'd to take care of Orphans, Heiress••••, de∣cay'd Families, Women, that remain in the Houses of their deceas'd Hus∣bands, pretending to be with Child; and to protect them from Vio∣lence and Abuses; if any one is injurious or contumelious, the Archo•• shall fine him as far as the limits of his Power extend; if the Offender herein transgress beyond his commission of punishing, the Archon, having first impos'd him as he thinks fit, shall compell him at five days warning to make appearance at the Court of Heliaea, where if he be convicted, that Court shall impose on him arbitrarily either pecuniary, or corporal Penalty.

No Pupil after five Years space, shall sue a Guardian for the mis-ma∣nagement 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 Pil∣lar, 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 fol∣lowing 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 mourn∣ful 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 Enco∣mium, 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, be∣sides what his Capital punishment includes; no body shall take Mo∣ney for his Pardon; he that doth, shall pay double the Money he re∣ceiv'd of the Criminal, his Name likewise by any body shall be carried in to the Archons, but the Heliastick Court alone shall pass Judg∣ment 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-Privi∣leges.

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 re∣turn, 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 Chil∣dren, 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 Indict∣ment of wilful Murder laid to his charge, before he hath made up the difference with those who banisht him, He shall make his defence be∣fore the Court 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in a little Vessel, which shall not be per∣mitted 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 ab∣solv'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 Chil∣dren be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 against those People they suspect, ei∣ther 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the Murde∣rers 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, ac∣cording to the determination of the fifty Ephetae, ten of the same 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 re∣moves 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 shall inform the Master; when a Free-man, the succeed∣ing Heirs; but if the Person Murder'd, was not a money'd Man, or had no Possessions, the Demarchus shall acquaint the Relations, and sup∣posing they give no heed, and neglect to take him away, the Demar∣chus himself shall see him taken away, and bury'd, and take care the Bur∣rough be lustrated, but all this with as little charges as may be, which if He neglect, He shall be Fin'd a thousand Drachms, to be paid to the publick Exchequer. He shall take of the Murder'd Person's Debtors double the money he expended for the Funeral, which if he neglect, he shall pay it himself to those of his Tribe.

He, who is Felo de se, shall have the Hand cut off, that did the Murder, which shall be buried in a place separate from the Body.

No Murderer shall be permitted to be within the City.

Inanimate Things, which have been instrumental to People's Deaths, shall be cast out of Attica.

He, who strikes the first blow in a Quarrel, shall have the Peace sworn against him.

He, who hath maliciously hurt another's body, head, face, hands, or feet, shall be proscrib'd the City of that Man to whom he offer'd the detriment; if he returns, he shall suffer Death, and his Goods be sold by Auction.

A Law relating to Accusations.

ANY one is permitted to Inform against another, that hath done an Injury to a third Person.

Laws concerning Dammages.

HE, who out of design infers Dammage, shall suffer twice as much as an unwilling Offender.

His Eyes shall be both pluckt out, who hath blinded any one-ey'd Person.

That Dog shall be ty'd up with a Chain four cubits long, which hath bit any body.

Laws belonging to Theft.

HE, who Steals, shall pay double the Value of the thing he stole to the Owner, and as much to the publick Exchequer.

If any body hath had any thing stoln from him, and has it restor'd, the Thief with the Abettor shall pay double the value; but in case the Thief doth not make restitution, ten-fold, and be set in the Stocks five days, and as many nights, if the Heliasts so order it; this Order shall then be made, when they consider what punishment to inflict upon him.

If any one hath filcht away any thing by day worth above fifty Drachms, let the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be put in execution against him before the Eleven; but if in the night, any one hath liberty to kill him, or, upon his making away, to wound him, and to issue the same Action out against him; by which if he be cast, he shall die without any concession for Sureties to put in Bail for the restitution of the stoln Goods. He, further, that shall pilfer out of the Lyceum, Academia, Cynosarges, or any of the Gymnasia any thing of the least value, as a Garment, Oyl∣vial, &c. or above ten Drachms, out of the Baths, or Ports, shall suffer Death.

He, that puts a Man in Prison for Theevery, and cannot prove it upon him, shall be fin'd a thousand Drachms.

All Cut-purses, Burglars, and Kid-nappers, if convicted, shall suffer Death.

He, who makes search for Theeves in another's House, must have on∣ly a thin Garment hanging loose about him.

He, that takes away that which is not his own, shall be liable to die for it.

It's a Capital Crime to break into a Man's Orchard, and steal his Figs.

It's punishable to rob a Dung-hill▪

Laws restraining Reproaches.

NO one shall calumniate, or defame any Person while alive, in the Temples, Judicial Courts, Treasuries, or Places where Games are celebrated, the Delinquent herein, shall pay three Drachms to the injur'd Man, and two to the publick Treasury.

He shall be fin'd, who slanders any Man.

He shall incurr a mulct of five-hundred Drachms, who twits any one with committing some heinous Offence against the Laws.

No one shall call another Cut-throat, or Murderer.

He, that upbraids another for casting away his Buckler, shall be ••in'd.

Laws about the management of Affairs.

THEY, who have been negligent in carrying on any Business, shall answer for that neglect.

No Woman shall have any farther to do in Affairs, than a Medimn of Barley will satisfie for Performance.

Laws referring to Entertainments.

NO Entertainment is to consist of above thirty Guests.

All Cooks hir'd to dress up Dishes for Entertainments, are to car∣ry in their Names to the Gynaeconomi.

None but mixt Wines shall be drunk at Banquets.

Let pure and unmix'd Wines be reserv'd till afterwards, for a re∣lishing Tast to the honour of the good Genius.

The Areopagites shall take Cognizance of all Drunkards.

A Law relating to Accusations concerning Mines.

IF any one hath prohibited another from working in the Mines, or hath carry'd Fire into them, carry'd away another's Utensils, or Tools, or if he hath dug beyond his Limits, such an one may be prosecuted with the Action call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

A Law appertaining to the Action 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

TImocrates hath enacted, that whatsoever Athenian is cast by the Action 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 before the Senate, and shall be secur'd by imprisonment before, or after the Indictment, his Name not being in∣serted according to Law by the Scribe of that Prytanie in the Accusati∣on-note, and carry'd up to the Thesmothetae, the Thesmothetae within thir∣ty days after the receipt of the Bill, unless some great emergency of State intervene, shall appoint the Eleven to sit in Judgment over it, before whom any Athenian may accuse him; if he be convicted, the Heliaea shall inflict upon him Punishment, either corporal, or pecuniary; if the latter, he shall be clapt into Gaol till he pay it.

Military Laws.

THE time for Military Service shall be from eighteen Years to forty; till twenty, Men shall remain within Attica to be ready in Arms, after that they shall serve in the Army without Attica.

He shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who offers to serve in the Horse, before he has undergone the accustom'd Probation.

The Chivalry shall be detacht out of the most Puissant and wealthy Athenians.

Souldiers shall not observe the punctilios of Spruceness and Foppery, in their Hair, &c.

None shall pawn their Arms.

He shall suffer Death, who hath betray'd a Garrison, Ship, or Army.

All Revolters to the Enemy shall undergo the same Penalty.

There shall be no Marching before the seventh of the Month.

The Ceremony for proclaiming of War shall be by putting a Lamb into the Enemies Territories.

The Polemarch shall lead up the right wing of the Army.

All publick Revenue-keepers, and Dancers at the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, shall be exempted from serving in the Army.

Of Military Punishments and Rewards.

THEY, who have maintain'd their Post with Courage, shall be ad∣vanc'd, and others degraded.

All Refusers to go into the Army, Cowards, and Run-aways shall be expell'd the Forum, shall not be crown'd, or go to the publick Tem∣ples; He, who offends against this Law, shall be put into bonds by the Eleven, and carry'd before the Heliastae, where any one impower'd may accuse him; if he is prov'd guilty, the Heliastae shall pronounce Sentence, and inflict upon him, as the nature of his Crime requires, a mulct, or corporal penance; if the former, he shall lie in Gaol till he pays it.

Let him be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who casts away his Arms.

He, who during a War by Sea runs away from his Ship, and he, who being Prest for Sea doth not go, shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

All disabled and wounded Souldiers shall be maintain'd out of the publick Fund.

Their Parents, and Children shall be taken care for, that are cut off in War; if Parents are kill'd, their Children shall be put to School at the publick Charge, and when come to maturity of Age, shall be presen∣ted with a whole suit of Armour, settled every one in his respective Calling, and honour'd with first Seats in all publick Places.

Miscellany Laws.

THEY shall be prosecuted for Ingratitude, who do not retaliate kindnesses.

The Burrough, and name of every one's Father shall be written down in all Deeds, Compacts, Suits, and other concerns.

A Discoverer, who alledges Truth, shall be secure; but if fals∣hood, shall suffer Death.

He shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who stands Neuter in any publick Sedition.

He shall Die, who leaves the City for residence in the Piraeeus.

He shall be fin'd, who is seen to walk the City-streets with a Sword by his side, or having about him other Armour, unless in case of Exigency.

He shall be denied buryal within Attica, and his Goods expos'd to Sale, who hath been convicted of perfidious behaviour towards the State, or of Sacrilege.

He, that hath betray'd his Country, shall not enter into Attica's Borders; if he do, he shall expiate his Crime by the same Law, as they, who, tho' condemn'd by the Areopagites to banishment, re∣turn.

Those Compacts shall stand good, which have been approv'd of by the Iudges.

Let there be an Amnesty of all former dissentions, and no one be liable to be call'd in Question, or reproach'd for any thing done for∣merly.

This Law was made after the Thirty Tyrant's expulsion to reconcile all for∣mer Quarrels, and was sworn to by the Archons, Senate of Five-hundred, and all the Commonalty of Athens.

When any Person is accus'd contrary to this Oath, use may be made of the Plea call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Archons shall have Cognizance of this matter, and he that makes the Plea, shall make his defence first; the Party, that is cast, shall have the Fine call'd 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, impos'd upon him.

No Stranger shall be wrong'd or injur'd.

Put the bewildred Traveller in his way, and be hospitable to Stran∣gers.

No seller of Rings shall keep by him th•• Signature of a Ring, when sold.

Notes

• (a)

  Menander rhetor.
• (b)

  In voce 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (c)

  Th••cydides lib. 1. Eustathius ad Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (d)

  Thucyd. ibid.
• (a)

  Herodot. lib. I. Strabo Geogr. lib. IX. Aeschylus Persis.
• (b)

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

  Plutarch. Theseo.
• (d)

  Cap. X. v. XX
• (e)

  Cap. XI. v. II.
• (a)

  Tima••.
• (b)

  Thes••o.
• (c)

  Stephanus Byzantin. de Urb. & Pop.
• (a)

  Hieronym. Chronic. Euseb.
• (b)

  Iustin. Mart Orat ad Gent••s.
• (c)

  Pau∣sa••••as.
• (d)

  Idem.
• (e)

  Metamorphos. VI.
• f

  Ch••onico.
• (b)

  Tullii de O••fic. lib. II. Cap. XII.
• (c)

  Iustin. Hist. lib. I.
• b

  Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

  Olympionic. Od. IX.
• (b)

  Iohannes Tze••ze•• in Hesiodi 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• (c)

  Nonnus Dionysiac. lib. XLI.
• (a)

  De abstinent. ab Animal lib. IV.
• (b)

  Etymolog.
• (c)

  Geograph. lib. IX.
• (a)

  Tull. Tuscul. Quaest. Iustin. l II. Vell. Pate••c▪ li••. II. Euse••ius.
• (a)

  Clemens Stromat. I.
• (b)

  Plutarch. in Solone.
• (a)

  Alcibiad••.
• (b)

  Diodor. Sic. lib. XII. X••no••ho••. Hist. Gr••••c. lib. II. Iu∣stin. lib. V.
• (a)

  Argument. ad Olynthiac. L
• (a)

  Histor. L. VI. Cap. IX.
• (a)

  Demetrio.
• (b)

  Plinii Hist. &c.
• (a)

  Demetri••.
• (a)

  Lib. XXXI. cap. XXX.
• (a)

  Plutarch. Syll. Strabo l. IX. Lucius Florus l. III. ••. V. Appianus in Mi••hri∣datic••.
• (b)

  L.XI.II.
• (c)

  A••tonio.
• (d)

  Dion Cassiu••.
• (e)

  Geogr. l. IX.
• (a)

  Plin. l. VIII. Epist. XXIV.
• (b)

  Gruter. p. CLXXVII.
• (a)

  Gruter. pag. MLXXVIII.
• (b)

  Spartianus.
• (c)

  Zosimus.
• (d)

  Zonarae.
• e

  Iulian. Orat. I. Nicephoras Gregoras Hist. Rom. l. VII.
• (a)

  Zosimus l. V.
• (b)

  Claudian. in Ru••sinum. l. II.
• (c)

  Syn••sius Ep. CCXXXV.
• (a)

  Nicetas Choniates in Vita Balduini.
• (b)

  Laonic. Chalcocondylas lib. III.
• (c)

  Niceph. Greg. lib. VII.
• (d)

  Chalcocond. lib. VI & IX.
• (e)

  Panathen.
• (a)

  Stephanus V. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (b)

  Pag. CCCCLXXXIII. Edit Basil.
• (c)

  Il. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. p. CCCLXXXIV.
• (d)

  Syrianus in Herm. Cornel. Nep.
• (e)

  Plutarch. in Cimone.
• (a)

  Phavorin. V. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (b)

  Strabo lib IX. Plin. lib. VII. LVI. & Pausa∣••ias Atticis.
• (c)

  Thucydides ejusque Scholiast. lib. II.
• (d)

  Pollux lib VIII. c. IX.
• (e)

  Plutarchus Pericle. Pausan. Atticis. Harpocrat. & Suidas V. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• (f)

  A∣••istides in Panatheniaca.
• (g)

  Suidas & Harpoc••at.
• (h)

  H••sy••hius.
• (i)

  Pausania••. Plutarch. Pericl.
• (a)

  Apoll••dor. l. III. Plutarch. Symp. l. IX. Q. VI.
• (b)

  Aristoph. Schol. Plut. Etymologus. Thucyd. l. II. Philostr••t. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. l. II. Demosthen. Schol. Orat. III. in Ti∣m••crat.
• (a)

  Demosth. ejusque Schol. Orat in Timocrat.
• (b)

  Lycurg. Orat. in Leocratem
• (c)

  Herodot. l. VIII.
• (d)

  Euripid. Schol. in Hippolyto.
• (e)

  Cimone.
• (f)

  Lib. III. Eleg.
• (g)

  Plutarch. Pericle.
• (a)

  Plutarch. Themistocl. Appian. in Mithridatico. Thucyd. lib. I. & II.
• (b)

  Phi••o∣stratus in Philagro Sophist. lib. II. Xenophon Hist. Graec. l II. Plutarch. Pericle, & Sylla.
• (c)

  Plutarch. Theseo.
• (d)

  Hesychius.
• (e)

  Theophrastus Charact. Ethic.
• (f)

  Plutarch. Theseo.
• (g)

  Aeschines Philosophus in Axi••ch••.
• (h)

  Hilduinus in V••ta Dio••ysii Arcopagi••o.
• (a)

  Dicaarchus in descriptione Gracia.
• (b)

  Odyss. VII.
• (c)

  〈◊〉〈◊〉 V. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

  Plutarch. in Demetrio.
• (b)

  Idem These••.
• (c)

  Aeschin. Orat. in Ctesipho••••.
• (d)

  Etym••logus.
• (e)

  Plinius lib. XXXVI. cap. VI.
• (f)

  Ione.
• (a)

  Apollonii Schol. lib. I.
• (b)

  Deip. l. VIII.
• (a)

  Plutarch. in Pericle.
• (b)

  Vespis.
• (c)

  Hyperid. Orat. pro Lycurgo.
• (d)

  Ap∣pian. in Mithridatico.
• (e)

  Pausan.
• (f)

  Suidas. Plin l. VII. c. LVI.
• (g)

  Strabo l. IX.
• (h)

  Hesych.
• (i)

  Pollux l. IX. c. V.
• (a)

  Demosth. Orat. in Eubulidem.
• (b)

  Pl••tarchus Solone.
• (c)

  Lib. IX.
• (d)

  Plu∣tarchus Solone.
• (a)

  Artemidorus Onei••oc••it. lib. I.
• (a)

  Ly••ophron.
• (b)

  Plutarch. in Symp l. VIII. ••. IV.
• (c)

  Suida•• &c.
• (a)

  Theseo.
• (b)

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

  Lib. II. Ep II.
• (d)

  Basil. Mag. lib. de legend. Gentil. libris.
• (e)

  Hesych. aliique innumeri.
• (a)

  Plutarch. Themistocle.
• (b)

  N••nnus Monachus in Collect. Hist.
• (c)

  Diog. Laert. A••tisthene.
• (d)

  Lactant. l. VI.
• (e)

  Polydor. Virg. l. III. c. XIII.
• (f)

  He∣sych. in V.
• (g)

  Suidas in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

  Onomast. l. IV. c. XIX.
• (a)

  Pericle.
• (b)

  Deipnos. l. VI.
• (a)

  Dem••sth. Orat. in Aristocrat.
• (b)

  Demosthen. Orat in Neaeram.
• (c)

  Ari∣stotel. Polit. l. III. c. V.
• (a)

  In Pericle.
• (b)

  Plutarch. in Themistocle.
• (c)

  Pollux lib. III. cap. IV. lib. ••III. cap. IX.
• (a)

  Pollux l. VIII. c. IX.
• (b)

  Lib. VIII. cap. XLIV.
• (c)

  Ion. ad finem.
• (a)

  Lib. V. c LXVI.
• (b)

  Plu••arch. Solone.
• (c)

  He o••ot. & Pollux locc. citatis.
• (d)

  Plutarchus Deme••rie.
• (a)

  Stephan. V 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (b)

  Pollux lo•• ci••.
• (c)

  Ath••n. Dip. l. XV.
• (d)

  Livius. Pausa••. A••ticis.
• (e)

  Eustath. Il. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Strab•• l IX.
• (f)

  Pau∣san. Atticis.
• (a)

  Act. ult. Scen. ult.
• (b)

  Orat. in Philonem.
• (c)

  Diodor. Sicul. lib. XI.
• (d)

  Flaminio.
• (e)

  Orat. I. in Aristogit.
• (a)

  Loc. cit.
• (b)

  Xe••ocrate.
• (c)

  Pollux l. III. c. VIII.
• (a)

  Pluta••ch▪ Catone.
• (a)

  Aristophan. Avibus.
• (b)

  Eustath II. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. p. 59. Edit. Bas.
• (c)

  Pollux On. l. VII. c. XIII.
• (d)

  Solone.
• (a)

  Aelian. V. H.
• (b)

  Alex. ab Alex. l. III. c. XX
• (c)

  Strabo l. VII.
• (d)

  O∣rat. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (e)

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

  Ae••e••d. ••. IX. v 545.
• (b)

  Tausanias.
• (c)

  Plutarch. Cleomene.
• (a)

  Athenaus Deipn. l. VI.
• (b)

  Aristo••h, Equit.
• (c)

  Aristoph. Pace.
• (a)

  Epist. lib. I.
• (b)

  On. l. III. c. VIII.
• (c)

  De Orat.
• (a)

  Andria.
• (b)

  Pollux l. III. c. VIII. Hesychius. Suidas. Etymolog.
• (c)

  Lib. VI.
• (d)

  Avibus.
• (e)

  Lib. XVIII. c. III.
• (f)

  Casina Act. II. Sc. VI.
• (g)

  Pericle.
• (h)

  Erasm. Adag.
• (a)

  V. 212.
• (b)

  Lib. V.
• (c)

  Plutarch. Theseo.
• (d)

  Philipp. III.
• (e)

  Sticho.
• (a)

  Casina.
• (b)

  Ranu Act. I Scen. I.
• (c)

  Chrysippus de Concordia l. II.
• (a)

  Harpocr••t.
• (b)

  Suidas, Harpocrat.
• (c)

  Pollux. l. III. ••. VIII.
• (d)

  Plutarch. Lycarg.
• (e)

  Strabo l. VIII. Harpocrat.
• (a)

  Plutarch. Lycurgo.
• (b)

  Plutarch. ibidem.
• (a)

  Plut. Act. II. Sc. V.
• (b)

  Plutarch. Solone.
• (c)

  Aristoph. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Equit.
• (d)

  Pol∣lux l. III. c. VIII.
• (e)

  Orat. in Pi••••nem.
• (f)

  Aristoph. Pluto, & Pollux loc. cit.
• (a)

  C••••l. Rhod. Antiquitat l. XXV. c. IX.
• (a)

  Orat. in ••tesiphont. Ulpian. in Androtiana.
• (b)

  Xenophon de Rep. Athe••.
• (c)

  Lysiae Orat. in Evandr. Aeschines contra Timarchum.
• (d)

  Demosthen. in Theoc••.
• (a)

  Suidas, Hesychius, Aeschin. Orat. de Ement. Legat.
• (b)

  Aeschin. in Cte∣siphont.
• (c)

  Suidas, Ulpian. in Medianam, Anti••hon. Orat. de ••hore••ta.
• (d)

  De∣mosth. in Eubulid. Pollux Onom. l. VIII. c. XIII.
• (e)

  Dicaear•••••••• contra Aristogit.
• (a)

  Pollux ibid. Idem ubique laudatur in his capitibus.
• (a)

  Pollux Onomastic. hic & ubique, Lipsias in Aleibiadem. Demosthen. in Ma∣cartat. Suidas, Harpocration, & ubique in his capitibus.
• (b)

  Demosthenes in Lacri∣tum, & Nearam.
• (a)

  Polit. l. VI. cap. ultimo.
• (a)

  Aristophanes, ejusque Scho••••ast. Acharn. & Thesmoph.
• (a)

  ••icero de Legib. lib. III. Colume••la de Re Rust. lib. XII. cap. III.
• (a)

  Suidas, Ulpianus in D••mosthen. &c.
• (a)

  Aristoph Schol. Av••••us, Vespis.
• (a)

  Plutarch. Pe••icle.
• (b)

  In Olynthi••c.
• (a)

  The••phrast. de Legibus.
• (b)

  Demosthen. in La••ritum.
• (a)

  Aeschin. in Axiocho.
• (b)

  Ulpian. in Orat. advers. Mediam.
• (c)

  Athen••us lib X.
• (d)

  Idem lib. VI.
• (e)

  Ulpian. in Olynthiac. II. & Apho••. I.
• (f)

  L••••ias Orat. de Muneribus, Plutarchus de Prudentia Atheniensium.
• (a)

  Ul••ianus in Leptinian.
• (b)

  Demosthen. Mediana, & Leptintana.
• (c)

  Plu∣tarch. loc. citato.
• (d)

  Lysias Orat. de Muneribus.
• (e)

  Aristo••han. Scholiast. in Vespas.
• (f)

  Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. p. 183. Edit. Basil.
• (a)

  Pausanias Phocicis, Suidas, &c.
• (b)

  Geogr. l. IX.
• (c)

  Suidas.
• (d)

  Lib. VII. cap. CC.
• (e)

  Herodot. Hes••••h. Suidas, Harpocration, Strabo, Pausanias A∣ch••icis.
• (a)

  Pausan. Phocicis, & Achai••is, aliique.
• (b)

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

  Pau∣sanias Phocicis.
• (a)

  Idem. ibid.
• (b)

  Strabo. loc. cit.
• (c)

  Geogr. lib. VIII.
• (d)

  Suidas, Ari∣stoph. Schol. Acharn.
• (a)

  Pollux l. VIII. c. VIII.
• (b)

  Ulpian. in Demosthen. Aristoph. Schol.
• (c)

  In Orat. de fals•• Legat.
• (a)

  Aristoph. Schol. Acharn. Equit. &c.
• (b)

  Pollux lib. VIII. c. VIII.
• (c)

  De∣mosthen. Mediana.
• (d)

  Pollux lib. VIII. cap. VIII.
• (e)

  Ulpianus in Timocrat.
• (f)

  Harpocration, Demosthenes Androtiana, Aeschines in ••tes••ph••nt.
• (a)

  Ach••rn.
• (b)

  Aristophan. Schol. ibid
• (c)

  Aristoph Schol. ibid. & Con∣cionatric. &c. Suida••, Harpocration.
• (d)

  Demosthen. Tim••cras.
• (e)

  Demosthen. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

  Aristophan. Acharn. Demosthenes, & Aeschines in Ctesipho••t..
• (b)

  Demosthen. in Aristogit. A••schines in C••esiph••nt.
• (a)

  Acharnens.
• (b)

  Plutarch. Solone.
• (c)

  Idem.
• (d)

  Idem.
• (a)

  Harpocrat.
• (b)

  Sigonius & Emmius de Rep. Athen & ubique in hac parte hujus libri.
• (c)

  Stephan. Byzant. de Urbb. & Populis.
• (d)

  Harpocrat.
• (e)

  Liban. Argument. in A••d••otian.
• (f)

  Lib. VIII. cap. IX.
• (a)

  Ibid. cap. ult.
• (b)

  Id••m l. VIII c. VIII.
• (c)

  Ibid. & Harp••••r.
• (d)

  H••r∣pocrat.
• (e)

  Pausania••
• (f)

  Demosthen. Orat. in 〈◊〉〈◊〉. & in Nearam.
• (a)

  Ulp••anus.
• (b)

  Pollux lib. VIII. cap. VIII.
• (c)

  Harpocration.
• (d)

  Pollux.
• (e)

  Aristoph. Avibus, & Libanius Argument. in Androtianam.
• (f)

  Aeschines in Timarch.
• (a)

  Demosthen. Timocrat.
• (b)

  Pollux lib. VIII. cap. V. Harpocration. Etymolog. Suidas.
• (c)

  Demosthen. Timocrat.
• (d)

  Idem A••drotiana.
• (e)

  Herodotus lib. VIII.
• (f)

  Suidas.
• (g)

  Pausan. Aristid••s Panathen▪ Suidas.
• (h)

  Aeschylus Eumenidib. Etymologici Auctor.
• (a)

  Solone.
• (b)

  De Offic. l. I.
• (c)

  Polit. l. II.
• (d)

  Pollux lib. VIII. cap. X.
• (e)

  Plutarch. S••lone, & Pericle.
• (f)

  Plutarch. Pericle, Pollux l. VIII. c. X. De∣mosthen. Timocrat.
• (g)

  Demosthen. in Nearam.
• (a)

  Athenaeus lib. XIV.
• (b)

  Aeschin. in Timarch.
• (c)

  Plutarch. de Gloria A∣theniens.
• (d)

  Areopagitica.
• (e)

  Aristocratea.
• (f)

  Messeniacis.
• (g)

  E••ymolog. V. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

  Lycurgus in Leocratem.
• (b)

  Harpocrat. Suidas.
• (c)

  Demos••hen. Aristocrat. Pollux lib. VIII. cap. X. aliique.
• (d)

  Di••archus Orat. in Aristogiton.
• (e)

  De∣mosthen. in Neaeram, Aeschin. in Cresi••hont.
• (f)

  Demosthen. pro Co••ona.
• (g)

  P••u∣tarch. Solone.
• (h)

  Plutarch. Themistocle.
• (i)

  Aeschines Philofophus in Axi••cho.
• (k)

  Iso••rates Areopagitic.
• (l)

  Athen••us l. VI
• (a)

  Plutarch. Solo••e, Valer. Max. l. II. c. VI.
• (b)

  Iustinus Martyr.
• (c)

  Act. Apostol. XVIII. 1••, 19
• (d)

  Argum••nt Orat. A••drot
• (e)

  Pollux lib. VIII. cap. X.
• (f)

  Demosthen. Orat. I. in Ari••••og••t.
• (g)

  Pollux loc. citat.
• (h)

  Antipho••. Orat. de caede Herodis.
• (i)

  Lucian. He••m••timo.
• (k)

  Pollux.
• (a)

  Lucian. Bis accusato
• (b)

  Demosth••n. Aristocrat. Dinarchus in Demosthen. ••••sias in Theomnestum, Pollux l. VIII. c. X.
• (c)

  Pausanias, Cicero de Legib. l. II.
• (d)

  Eumenidibus.
• (e)

  Demosthen. in Aristocrat. Pollux. l. VIII.
• (f)

  Sextu•• Em∣p••ricus adv. Mathemat. l. II.
• (g)

  Aristotele•• Rhetoric. l. I. Lucianus Anachar∣side, Demosthen. Quintilian. aliique innumeri.
• (a)

  Iuvenat. Sat. IX.
• (b)

  Aristophan. Schol. Vesp. Equit.
• (c)

  Lysias in Ago∣rat.
• (d)

  Aeschines in Ctes••••hont.
• (e)

  Hesychius in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (f)

  Bis accusato.
• (g)

  Plutarch. Pericle.
• (h)

  Isocrates Areopagit.
• (a)

  Athenaus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (a)

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

  Plutarch. Solone.
• (c)

  ••ollux loc. cit. Pausanias.
• (d)

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

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

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

  Pluto.
• (a)

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

  Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. v. 245.
• (a)

  Harpocrat. Suidas &c.
• (b)

  I••dem.
• (c)

  Aristoph. Schol. Vesp. Zenobius, Harpocrat. Pollux, Suidas, &c.
• (d)

  Pollux &c.
• (e)

  Etymolog. Pollux, Suidas, Hesych. Harpocrat.
• (f)

  Ulpian. in Demosthen.
• (g)

  Idem. Aristoph. Schol. Nub. Equit. Vesp. Suidas.
• (a)

  Pollux lib. VIII cap. X. Stephan. Byzantin. V 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Harpocrat.
• (b)

  Orat. in Timocrat.
• (a)

  Ulpian. in Demosthen. Aristoph. Scholiast.
• (b)

  Demosthen. in Olympiod. Idem in Nicostrat.
• (c)

  Aristoph. Concion.
• (d)

  Pollux l VIII. c. X.
• (e)

  Aristophan. ejusque Schol. Vesp.
• (f)

  Demosthen.
• (a)

  Ulpian. in Demosthen. Pollux lib. VIII. cap. VI.
• (b)

  P••llux loc. cit. Har∣pocr••••. &c.
• (c)

  Ha••pocrat.
• (d)

  Hes••ch. Pollux loc. cit.
• (e)

  Pollux▪ Suida••▪ Har∣po••rat. Aristoph. Schol. Vesp.
• (f)

  Aeschines in Timarch.
• (a)

  Pollux, Harpocration.
• (b)

  Iidem.
• (c)

  Iidem.
• (d)

  Iidem▪
• (e)

  Iidem·
• (f)

  Vide Petitum de Legibus Attici••.
• (a)

  Harpocrat. Pollux.
• (b)

  Aristotel. Problem.
• (c)

  Idem Rhetor. lib. I. cap. XXXIII.
• (d)

  Clemen•• Alexandria.
• (e)

  Harpocration.
• (f)

  Demosthen.
• (g)

  Har∣pocratio••.
• (a)

  Metamorph. lib XV.
• (b)

  Pollux, Hes••chius, Harpocration, Aristo••h. Scho'. Ran. & Vesp. &c.
• (c)

  Equit.
• (d)

  Hesychius, Eustathius Iliad. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. pag. 884. Edit. Basil.
• (e)

  Orat. in Macart.
• (a)

  Aristophan. ejusque Schol. Ran. & Vesp.
• (b)

  Electra. v. 1265.
• (c)

  Iphige∣nia Taurica. v. 1469.
• (d)

  Demosthen. ejusque Schol. in Median.
• (b)

  Demosthen. Androtian. Cornel. Nep. Miltiade.
• (c)

  Ran. Vesp. Item Suidas, Pollux, Hesychius.
• (d)

  Ran. pag. 280. Edit. Aemil. Porti, & Scholiast. ibid.
• (a)

  Suidas, Aristoph. Schol. Pluto, Equit. &c.
• (b)

  Orat. in Pantanet.
• (c)

  De∣mosthen. Orat. in Aphobum.
• (d)

  Pollux, Ul••ian.
• (e)

  Demosthen. & Ulpian. Me∣dian. Petic. Misc. lib. VIII.
• (a)

  Pollux.
• (b)

  Demosthen.
• (c)

  Pollux.
• (d)

  Isocrates.
• (e)

  Plutarchus Solone.
• (f)

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

  Harpocrat.
• (a)

  Timoc••a••ea.
• (a)

  Heaut. Act, I. Scen. I.
• (a)

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

  Ranis.
• (b)

  Lysandro.
• (c)

  Plutarch. Solone.
• (d)

  Plato de Legib. lib. X.
• (a)

  Aristophan. Schol. Pluto.
• (b)

  Aristophan. Schol. Equit.
• (c)

  Thesmopho••.
• (a)

  Aristoph. Schol. Equit. & Vesp.
• (b)

  Ili••d. ••.
• (c)

  Lib. de Rep.
• (d)

  Ex∣cerpt. ex Pt••lom. Hephast. l. VI.
• (e)

  V r. Hist. lib. XIV. cap. XXIV.
• (a)

  Plutarch. A••istide, Alcibiade, Nicia, Themistocle.
• (b)

  Hesych. in V.
• (c)

  A∣ristoph. Schol. Equit.
• (d)

  Diodor. Sic. lib. XI
• (a)

  Odyss. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. v. 465.
• (b)

  Satir. IV. v. 1.
• (a)

  Aristoph. Schol: Pluto, Suidas, Hesychius, Etymolog. Pollux, & ubique in hoc capite.
• (b)

  Lib. I.
• (c)

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• (d)

  Aristoph. Pluto. Schol.
• (e)

  Lib. III.
• (f)

  Satir. lib. I. Sat. II.
• (g)

  Mess••niac,
• (a)

  Ciceron. Epist. ad M. Brutum.
• (b)

  Aristoph. Equit.
• (c)

  Demosthen. Orat. de Falsa Legat. aliique.
• (d)

  Demosthen. Orat. in Leptinem. Ejusque Interpret.
• (a)

  Demosthen. loc. cit. Pollux lib. IX. cap. V. Aihenaus lib. IV. &c.
• (b)

  Equi∣••ibus.
• (c)

  Plutarch. Aristid••.
• (a)

  Lib. III. cap. XXXVIII.
• (b)

  Aeneid. IV. v. 57.
• (a)

  Var. Hist. lib. VIII. cap. X.
• (b)

  Plutarch. Solone, Diogen. 〈…〉〈…〉 Ae••ian. loc. cit.
• (c)

  Solone.
• (d)

  Herodotus, Plutarch. Pericle, Isocrat. Areopag
• (e)

  Plu∣tarch. Aristide.
• (a)

  Demosthen. ejusque enarrator. Ulpi••n. in Leptin. & alibi.
• (a)

  Iidem.
• (a)

  Iidem.
• (b)

  Problem. Sect. X. cap. XXIX.
• (a)

  Solone.
• (b)

  Nubibus, & Avibus.
• (c)

  Lib. VIII. cap. X.
• (d)

  Lib. de Different. Voc.
• (e)

  Pollux ibid.
• (f)

  Solone.
• (a)

  Eliac.
• (b)

  Pollux. lib. VIII. cap. VIII.