therefore as a greater obligation to Justice they took an Oath that they would give Sentence without Partiality The determination of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to refer any thing to them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CHAPTER XXIII Of the Publick Judgments Actions c. THE Athenian Judgments were of two sorts Publick and Private the former were about such Crimes as tended to the prejudice of the State and were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the latter comprehended all Controversies that happen'd between private Persons and were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nor did they only differ as to their Matter but in the whole Process and Management of them and particularly 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 revenge the publick wrong by bringing the Criminal to condign punishment The publick Judgments were these 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action laid upon such as had been guilty of any of the following Crimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Murder 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Wound given out of Malice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Firing the City 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Poyson 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sacrilege 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Impiety 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Treason 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Uncleanness 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whoredom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Coelibacy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Refusing to serve in the Wars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Desertion of the Army 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Desertion of a Man's Station as when any Person refus'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 Desertion of the Army 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cowardice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Desertion of the Fleet. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Refusing to Serve and Fight in the Fleet. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Loosing a Man's Shield 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action against those that falsly charg'd others and sued them for publick Debts which Harpocration calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but this seems rather to have been an Action for false Arrests according to Pollux 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Barretry or false Accusation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The same Action in Causes about Freedom of the City was by a peculiar Name term'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beating a Free-man or binding him as they us'd to do Slaves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Erasing a Name out of the publick Debt-book before the Debt was discharg'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was against Magistrates that had neglected to give up their Accounts 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against such as in proposing a new Law acted contrary to the old and established Laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Embassadors was sometimes by a peculiar Name call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Probation of the Magistrates and Persons employ'd in publick Business 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action against Persons disaffected to the Government 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 declaring by what means it came into his Hands Suidas adds that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was sometimes the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 chargeable Trust by casting it upon another richer than himself the Person produc'd by him had power to challenge him to make an Exchange of Estates and thereby compell him to undergo the Office he had before refus'd 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 themselves 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Action 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action against such as protected Persons guilty of Murder by which the Relations of the deceased 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was of three sorts the first
Offices where he that shall be design'd a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shall be exempted from serving if he can produce any vacant person richer than himself and if the person produc'd confess that he is more wealthy than the other he shall be put in the other's place among the Three-hundred but if he denies it let them change Estates His Lands and Tenements shall be inspected into who shall offer himself in the Exchange They who do quit their own Estates for those of their neighbours shall be oblig'd by Oath to discover them in this Form I 'll fairly and honestly make known the estimate of all my Possessions except such as consist in those silver Mines that the Laws exact no Duties from Three days shall be allow'd for those who are to make exchange of their Estates to produce them No one shall be compell'd to exhibit his Estate which lies in Mines Laws about the Refusal of Offices NO Man except the Archons shall be excus'd from the Trierarchship No one shall be exempted from contributing to the Assesment for the levying of Souldiers Laws concerning Honours to be conferr'd on those who have deserv'd well of the Common-wealth NO Person shall make a custom of eating in the Prytaneum He who shall be invited and refuse to come shall be Fin'd They who are maintain'd in the Prytaneum shall have Maza and on Festivals bread All Crowns if presented by the People shall be given in the popular Assembly if by the Senators in the Senate and in no other place shall any be presented None except the whole body of the Senate and popular Assembly with particular Tribes or Burroughs shall be privileg'd to conferr Crowns No Tribe or Burrough may presume on the Authority of bestowing Crowns in the Theater upon any of their own Members if they do the Cryer that proclaims them shall be disfranchis'd No Stranger shall have a Crown given him in the Theater without the People's consent when given it shall be consecrated to Minerva Every Forreigner who is honour'd with a Crown shall bring Certificates of a regular and sober Life No one tho' never so wealthy except he be of the kindred of Harmodius and Aristogiton or an Archon shall claim Immunity from serving in publick Offices from this time hereafter the People shall gratifie no one without such an Exemption but he who supplicates for it shall be disfranchis'd together with all his House and Family and shall be liable to the Actions of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by which if convicted he shall suffer the same Fate with those who tho' indebted to the Publick officiate as Judges Honours conferr'd by the People shall stand good but with this Proviso that if the Persons so dignified prove after examination to be unworthy of them they shall be void Laws referring to the Gymnasia NO School shall be open'd before Sun-rising or kept open after Sun-set None except the School-master's Sons and Nephews shall be permitted entrance into School if beyond the customary age for sending Youth thither but more especially if Lads frequent it at the same time to the breach of this Law the penalty of Death is annex'd No School-master shall give any adult person leave to go to Mercury's Festival if he transgress herein and do not thrust him out of the School the Master shall suffer according to the Law enacted against the corruptors of Free-born Children Let all Choragi elected by the People be above forty years of Age. No Slave shall presume to anoint or perform exercises in the Palaestra Laws relating to Physicians and Philosophers NO Slave or Woman shall study or practice Physick All Free-born Women have liberty to learn and practise Physick Let no one teach Philosophy This Law was made when the thirty Tyrants had the dominion of Athens No one is to keep a Philosophy-School unless by the Senate and People's approbation he that doth otherwise shall be put to Death Laws concerning Judges AFTER a Magistrate's determination Appeal may be made to the Courts of Justice They who are degraded from the Senate may sit as Iudges in the Courts All the Athenians shall draw Lots for the distribution of every one into particular Courts The Judges Protestation I omit as before treated of Of Laws relating to Law-suits LET the Bayliff or Person that arrests be registred Whosoever doth not appear on the Day appointed for the Tryal of his Cause shall suffer for his remisness by an Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and be fin'd a thousand Drachms but if a just excuse be brought for his staying away his punishment shall be redress'd by another Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the anulling of the former Act. Laws respecting Preparatories to Judgments THE Archons shall propose Questions to both Parties to which they shall answer The Plaintiff shall promise upon Oath that he will prosecute the Action if he has his Evidences and all things in order but if not he shall demand time for providing and preparing them The Archons shall summon the contesting Parties to make their Appearance and introduce them into the Court. Let the Iudges be elected by Lots No Iudge shall give Sentence twice the same Day A Form of the Oath taken by Judges after Election I 'LL shew Equity in all Causes and my Judgment shall be agreeable to the Laws in those things which are determin'd by them in the rest my Sentence shall as near as may be agree with Justice Laws referring to Judgments EVERY Iudge shall put down the Heads of those Suits he is to determine in his Table-book His Cause shall be overthrown who runs away for fear Criminals have liberty of making their own defence No Slave shall plead in any Cause The Cryer shall pronounce Verdict against the Partie into whose Urn the greater number of Pebbles bor'd with holes are cast and on his side to whom the whole ones belong When on both sides there shall be an equal share of Votes the Prisoner shall be acquitted Let there be a number of Urns or Vote-boxes equal to the number of those who hold the Contest The Iudges shall propose such and such Penalties the Defendant also shall offer to their consideration such a punishment as himself shall think reasonable after which the whole matter shall be committed to the Iudges determination The Court shall not sit after Sun-set If any one hath brib'd the Heliaean Court or any other Court of Judicature among the Athenians or hath call'd a Senate or enter'd into conspiracy against the State if any Lawyer hath been been greas'd in the Fist to carry on any publick or private Cause he shall be liable to be indicted before the Thesmothetae by the Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All private bargains that are struck up between parties before Witnesses shall stand good in Law Don't make any Covenant or bargain contrary to the Laws There shall be no after-wranglings rais'd concerning those things
Archaeologiae Graecae OR THE ANTIQUITIES OF GREECE By JOHN POTTER M. A. and Fellow of Lincoln College OXON OXFORD Printed at the THEATER for ABEL SWALL at the Vnicorn in St. Pauls Church-yard LONDON MDCXCVII Archaeologiae Graecae OR THE ANTIQUITIES OF GREECE VOLUME THE FIRST CONTAINING I. The Civil Government of ATHENS II. The Religion of GREECE Antiquam exquirite matrem Ovid. Vos exemplaria Graeca Nocturna versate manu versate diurna Horat. OXFORD Printed at the THEATER for ABEL SWALL at the Vnicorn in St. Paul's Church-yard LONDON MDCXCVII Imprimatur FITZ-HERBERT ADAMS Vice-Can OXON May 15. 1697. THE CONTENTS BOOK I. CHAP. I. Of the State of Athens till Cecrops Pag. 1 CHAP. II. Of the State of Athens from Cecrops to Theseus 6 CHAP. III. Of the State of Athens from Theseus to the Decennial Archons 10 CHAP. IV. Of the State of Athens from the Decennial Archons to Philip of Macedon 13 CHAP. V. Of the State of Athens from Philip of Macedon to it's delivery by the Romans 20 CHAP. VI. Of the State of Athens from it's Confederacy with Rome to Constantine the Great 23 CHAP. VII Of the State of Athens from Constantine the Great 27 CHAP. VIII Of the City of Athens and it's Walls Gates Streets Buildings c. 29 CHAP. IX Of the Citizens Tribes c. of Athens 45 CHAP. X. Of the Sojourners and Servants in Athens 54 CHAP. XI Of the Athenian Magistrates 70 CHAP. XII Of the Nine Archons 71 CHAP. XIII Of the Athenian Magistrates 74 CHAP. XIV Of the Athenian Magistrates 76 CHAP. XV. Of the Athenian Magistrates 79 CHAP. XVI Of the Council of the Amphictyones 83 CHAP. XVII Of the Athenian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Publick Assemblies 85 CHAP. XVIII Of the Senate of the Five-hundred 90 CHAP. XIX Of the Senate and Court of Areopagus 94 CHAP. XX. Of some other Courts of Justice 101 CHAP. XXI Of some other Courts of Justice their Iudicial Process c. 105 CHAP. XXII Of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 114 CHAP. XXIII Of the Publick Judgments Actions c. 115 CHAP. XXIV Of the Private Judgments Actions c. 118 CHAP. XXV Of the Athenian Punishments and Rewards 121 CHAP. XXVI Of the Athenian Laws 130 Attick Laws 136 Laws relating to Divine Worship Temples Festivals and Sports 136. Laws concerning them who Officiate in holy Rites 138 Laws relating to the Laws 139 Laws referring to Decrees of the Senate and Commonalty 140 Laws concerning Native and Enfranchis'd Citizens ib. Laws appertaining to Children Legitimate Spurious or Adopted 141 The Oath to be taken by the Ephebi ib. Laws belonging to Sojourners 142 Laws relating to Slaves and Freed Servants 143 Laws relating to the Senate of Five-hundred ib. Laws which concern Magistrates 144 The Oath 145 The Examination and Interrogatory Disquisition of the Archons 146 The Archon's Oath ib. The Oath of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 147 Laws respecting Orators ib. An Inspection into the Orators Lives ib. Laws treating of Duties and Offices 148 Laws about the Refusal of Offices 149 Laws concerning Honours to be conferr'd on those who have deserv'd well of the Common-wealth 149 Laws referring to the Gymnasia 150 Laws relating to Physicians and Philosophers ib. Laws concerning Judges ib. Of Laws relating to Law-suits ib. Laws respecting Preparatories to Judgments 151 A Form of the Oath taken by Judges after Election ib. Laws referring to Judgments ib. Laws concerning Arbitrators 152 A Law about Oaths ib. Laws treating of Witnesses ib. Laws touching Judgments already past 153 Laws concerning Punishments ib. Laws referring to Receivers of Publick Revenues the Exchequer and Money for Shows 154 Laws about Limits and Land-marks 155 Laws respecting Lands Herds and Flocks 156 Laws relating to Buying and Selling. ib. Laws appertaining to Usury and Money ib. Laws about Wares to be Imported to or Exported from Athens 157 Laws respecting Arts. ib. Laws concerning Societies with their Agreements 158 Laws belonging to Marriages ib. Laws touching Dowries 160 Laws referring to Divorces ib. Laws belonging to Adulteries ib. Laws referring to the Love of Boys Procurers and Strumpets 161 Laws appointed for the Drawing up of Wills and right Constitution of Heirs and Successors 162 Laws appertaining to Guardianship 163 Laws about Sepulcres and Funerals 164 Laws against Ruffians and Assassins 165 A Law relating to Accusations 167 Laws concerning Dammages ib. Laws belonging to Theft ib. Laws restraining Reproaches 168 Laws about the Management of Affairs ib. Laws referring to Entertainments ib. A Law relating to Accusations concerning Mines 169 A Law appertaining to the Action 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ib. Military Laws ib. Of Military Punishments and Rewards 170 Miscellany Laws ib. BOOK II. CHAP. I. Of the first Authors of Religious Worship in Greece 172 CHAP. II. Of their Temples Altars Images and Asyla 173 CHAP. III. Of the Grecian Priests and their Offices 182 CHAP. IV. Of the Grecian Sacrifices 187 CHAP. V. Of the Grecian Prayers and Supplications 207 CHAP. VI. Of the Grecian Oaths 213 CHAP. VII Of the Grecian Divination and Oracles in general 229 CHAP. VIII Of the Oracles of Jupiter 233 CHAP. IX Of the Oracles of Apollo 240 CHAP. X. Of the Oracle of Trophonius 256 CHAP. XI Of other Grecian Oracles 261 CHAP. XII Of Theomancy 266 CHAP. XIII Of Divination by Dreams 271 CHAP. XIV Of Divination by Sacrifices 284 CHAP. XV. Of Divination by Birds 289 CHAP. XVI Of Divination by Lots 302 CHAP. XVII Of Divination by Ominous Words and Things 306 CHAP. XVIII Of Magick and Incantations 315 CHAP. XIX Of the Grecian Festivals in general 324 CHAP. XX. Grecian Festivals 326 CHAP. XXI Of the Publick Games in Greece and the Principal Exercises us'd in them 407 CHAP. XXII Of the Olympian Games 413 CHAP. XXIII Of the Pythian Games 417 CHAP. XXIV Of the Nemean Games 420 CHAP. XXV Of the Isthmian Games 422 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 Antiquity 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 Mankind and the Arcadians boasted that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or before the Moon The want of Letters did not a little contribute to these Opinions 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 beginning of the World Our Athenians too had their share in this Vanity and made as great and
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 Sentence 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Supplicant's President 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Purifier 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Dispeller of Dangers or Evils Laws treating of Witnesses THEIR Evidence shall not be taken who are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 contrary to their Wills to bear Witness one against another Let the Penalty of the Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or what he heard from a Person deceas'd or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 False Witnesses shall be prosecuted with the Action call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that suborn'd them with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laws touching Judgments already past THERE shall be no renewing of any thing dispatcht by Iudges either in the publick or more private Courts or by the People according 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 Tâ—irty Tyrants shall be void Laws concerning Punishments THE Judges are not to proceed so strictly to the rigour of their Sentence as that Corporal and Pecuniary Punishments shall be inflicted at one and the same time They who run into errors unwittingly shall not be call'd in Question 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 doâ—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 condemn'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 diâ—franchis'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 Exchequer 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Murther Burglary 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Pâ—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Attica against forreign Invasions which Money if
they receiv'd the reward due to them And thus much may suffice concerning the Courts for Capital Offences it remains that I give you an account of those which had the Cognizance of Civil Affairs CHAPTER XXI Of some other Courts of Justice their Iudicial Process c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was as the Name seems to import a Court of no great Credit or Reputation having Cognizance only of trivial Matters whose value was not above one Drachm Pollux reports there were two Courts of this Name one of which was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Persons that sat as Judges were the Eleven Magistrates call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was in all probability so call'd because it was Triangular 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 receiv'd it's Name from the Temple of the Heroe Lycus in which it was erected The same Person had a Statue in all the Courts of Justice by which he was represented with a Wolf's face and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies Sycophants who by Tens that is in great Numbers frequented those Places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was so call'd from one Metichus an Architect by whom it was built It was a Court much frequented and of better Note than the Three former and the Persons that sat as Judges were required to be of good Birth and Credit free from publick Debts and at the least thirty Years of Age The Judges in all these Courts were oblig'd to take a solemn Oath by the Paternal Apollo Ceres and Iupiter the King that they would give Sentence uprightly and according to Law which Oath as also that which was taken by those that judg'd in the Heliaea was given in a Place near the River Ilissus call'd Ardettus from a Heroe of that Name who in a publick Sedition united the contesting Parties and engag'd them to confirm their Treaties of Peace by mutual Oaths in this Place Hence it was that common and profane swearers were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Of all the Judicatories that handled Civil Affairs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was far the greatest and most frequented being so call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the People's thronging together or rather 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it was an open place and therefore expos'd to the Sun The Judges that sat in this Court were at the least Fifty but the more usual Number was Two or Five-hundred being appointed by Lots out of the Body of the People but if the Exigency of the Causes required they were encreas'd to a Thousand and then they were forc'd to joyn two Courts together sometimes to Fifteen-hundred or Two-thousand and then Three or Four Courts were united to contain so vast a Multitude They had Cognizance of Civil Affairs of the greatest Weight and Importance and were not permitted to give Judgment till they had taken a solemn Oath the Form whereof was this as we find it in Demosthenes I will give Sentence according to the Laws and the Decrees of the People of Athens and the Council of Five-hundred I will not consent to place the supreme Power in the hands of a single Person or a Few nor permit any Man to dissolve the Common-wealth or so much as give his Vote or make an Oration in defence of such a Revolution I will not endeavour to discharge private Debts nor to make a Division of Lands or Houses I will not restore Persons sent into Banishment nor pardon those that are condemn'd to die nor expel any Man out of the City contrary to the Laws and Decrees of the People and Council of Five-hundred nor permit any other Person to do it I will not elect any Person into any publick Employ and particularly I will not create any Man Archon Hieromnemon Embassador publick Herald or Synedrus nor consent that he shall be admitted into any of those Offices that are elected by Lots upon the same Day with the Archons who has undergon any former Office and not given in his Accounts nor that any Person shall bear two Offices or be twice elected into the same Office in one Year I will not receive Gifts my self nor shall any other for me nor will I permit any other Person to do the like by any means whether direct or indirect to pervert Justice in the Court of Heliaea I am not under Thirty Years of Age I will hear both the Plaintiff and Defendant without Partiality and give Sentence in all the Causes brought before me I swear by Iupiter Neptune and Ceres if I violate this Oath or any part of it may I perish with my whole Family but if I religiously keep and observe it may we live and prosper These seem to have been the Ten publick Courts in Athens others there were of less Note where particular Magistrates or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 took Cognizance of Causes belonging to their several Offices such was the Court at Cynosarges Odeum Theseus's Temple Bucoleum and some others The method of Judicial Process was thus When any Man had receiv'd an Injury for which he required satisfaction he went to the Magistrate whose business it was to take Cognizance of such Complaints and report them to the Court to him he deliver'd in a Tablet wherein was written his own the Plaintiff's Name and the Criminal's together with an account of the Crime laid to his charge and the Name of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bayliff by whom he was summon'd to make his appearance before the Magistrate which was the first thing to be done in these Proceedings and call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But before this the Magistrate ask'd the Plaintiff Whether he was resolv'd to prosecute his Action and had Witnesses that would swear to his Indictment and whether he had all things in readiness to proceed to a Tryal This Examination was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Person accus'd being summon'd to appear before the Magistrate had a certain Day appointed to answer for himself and was oblig'd to give sufficient Bail that he would make his appearance at the Time appointed This being done the Magistrate proceeded to the election of Judges which was perform'd by Lots and they upon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or appointed Day came to the Tribunal and took their Places the publick Cryer having before commanded all those that had no Business to depart in these Words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then to keep the Crowds from thronging in upon them the Court was surrounded with a Rope by the command of the Magistrate and Sergeants appointed to keep the Doors which they call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being the same with those which the Romans call'd Cancellatae Now least any of the Judges should be wanting Proclamation was made in this manner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If any Judge be without the Door
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 danger 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 liable to have any Fine laid upon him tho' Sentence was given against him The third was an Action against the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preferr'd by Persons 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only excepted this Penalty together with a Fine of a thousand Drachms was inflicted upon the Plaintiff if he had not the fifth part of the Suffrages CHAPTER XXIV Of the Private Judgments Actions c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action of Slander by which the Criminal was fin'd five-hundred Drachms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action against such as ravish'd Women or had us'd Violence towards any Man's Person 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action of Trespass being against those that had endammag'd another man's Estate Lands Houses Cloaths c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action enter'd by Heiresses against their Husbands by Parents against their Children and Orphans against their Guardians when they were ill us'd or injur'd by them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was against Theeves Demosthenes 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 Theâ—t was committed 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Juâ—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was against such as refus'd to restore any thing committed to their Charge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Suit betwixt Debtors and Userers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action against those that would not stand to their Contracts or Bargains Not much different from this was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are distinguish'd from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in this That these chiefly imply private Contracts about the Lone of Money Division of Inheritances and References to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereas the other are extended as well to publick Negotiations between Cities and Kingdoms as to Bargains made by private Persons Others there are that acknowledge no such difference betwixt them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was about publick Duties whereby it was required 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Daughter that had no Brothers lawfully begotten and therefore inherited her Father's whole Estate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was one that had Brothers and shar'd the Estate with them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action enter'd by the Relations of the deceased 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Protestation that the deceased Person had left an Heir made to hinder the Relations from entering upon the Estate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Action whereby the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was prov'd to be false and groundless 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was when any Person claim'd some part of another man's Goods which were confiscated and sold by Auction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Guardian whereby he was forc'd to allow her a separate
Guardian for the mis-management of his Trust. Laws about Sepulcres and Funerals LET the dead be interr'd No Tomb is to consist of more work than ten Men can finish in three days neither is it to be erected arch-wise or adorn'd with Statues No Grave is to have over it or by it Pillars above three cubits high it 's Table and Labellum or or little Vessel to contain Victuals for the Ghost's maintenance are to be of the same height He that defaceth a Sepulcre or laies one of a different Family in that of another breaks it eraseth the Inscription or beats down the Pillar shall suffer condign Punishment No one shall come near another's Grave unless at the Celebration of Obsequies The Corps shall be laid out at the Relations pleasure the next day following before Day-light shall be the Funeral Procession the Men shall proceed first the Women after them it 's unlawful hereby for any Woman if under three-score and no Relation to go where the mournful Solemnity is kept or after the Burial is solemniz'd Too great a concourse of People is prohibited at Funerals Let not the Corps be buried with above three Garments Let not Women tear their Faces or make Lamentations or Dirges at Funerals At every one's Death there shall be paid to the Preistess of Minerva who is plac'd in the Cittadel a Choenix of Barley the like of Wheat and an Obolus No Ox shall be offer'd to atone for or appease the Ghost of the deceased Children and Heirs shall perform the accustom'd Rites of Parentation Slaves when Dead shall not be embalm'd or honour'd with a Funeral Banquet Let there be no Panegyricks unless at Funerals publickly Solemniz'd and then not spoken by Kindred but one appointed by the Publick for that purpose They who fall in the Field are to have their Obsequies celebrated at the publick Charge Let the Father have the privilege of giving that Son a Funeral Encomium who dy'd valiantly in the Fight He shall have an annual Harangue spoken in his Honour on the day he fell who receives his Death with undaunted Prowess in the Battel 's Front Let him who accidentally lights on an unburied Carkase cast earth upon it and let all Bodies be buried West-ward Don't speak evil of the Dead no not tho' their Children provoke you Laws against Ruffians and Assassins THE Areopagite Senate shall sit in Judgment over Cases of wilfull Murder of Wounds given wilfully Setting Houses on Fire or killing by Poyson The Assassin's Council shall not make any preliminary Apology use any motives for the gaining of Compassion or speak any thing forreign to the Cause The Thesmothetae shall condemn Murderers who fly after the Fact The Assassin shall suffer Death in the Murdred Person 's Country and being hal'd away to the Thesmothetae according to the appointment of the Law he shall be liable to no other violence or ill usage besides what his Capital punishment includes no body shall take Money for his Pardon he that doth shall pay double the Money he receiv'd of the Criminal his Name likewise by any body shall be carried in to the Archons but the Heliastick Court alone shall pass Judgment upon him If any one kills or assists in killing a Murderer that abstains from the Forum Consecrated places publick Sports and the Amphictyonick Festivals he shall undergo the severity of the Law as much as if he had kill'd a Citizen of Athens The Ephetae are to take Cognizance of this Matter One accus'd of Murder shall have nothing to do with City-Privileges He that puts him in trouble who was forc'd to make flight out of Attica for Chance-medley shall undergo the same penalty with him who doth the like to one within Athens He who commits Chance-medley shall fly his Country for a Year till satisfaction be made to the dead Person 's Kindred then he shall return sacrifice and be purified He shall not have an Action of Murther brought against him who binds him over to his appearance before the Magistrate that return'd from banishment before his limited time is completed If any one hath unadvisedly given his Antagonist in the Exercises his Death or kill'd by chance a Man lying in Ambuscade or being in the brunt of an engagement in War or one debauching his Wife Mother Sister Daughter Miss or the Nurse of his legitimate Children let not such an one be banisht It shall be lawful to kill that Person who shall make an assault on the Innocent If any one being banisht for Chance-medley shall have an Indictment of wilful Murder laid to his charge before he hath made up the difference with those who banisht him He shall make his defence before the Court 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in a little Vessel which shall not be permitted to come to shore but his Judges shall give Sentence on the Land if he is cast he shall answer Justice for wilful Murder but if absolv'd shall only undergo the former Sentence of banishment for Chance-medley If any Archon or Man in a private capacity is instrumental in the depravation or repeal of these Statutes let him and his Children be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his Goods be sold. It shall be lawful to hale a Murderer if found in any religious Places or the Forum to Gaol and if he prove guilty to put him to Death but if the committer of him to Gaol do not procure the fifth part of the Votes he shall be fin'd a thousand Drachms If any one comes to an untimely End his nearest Relations may bring the Action of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against those People they suspect either to be Abettors of the Murder or Protectors of the Felon and till such time as these either make satisfaction or surrender the Delinquent the Murdered Man's Relations are privileg'd to seize three Men of their Body The Right of the prosecution of Murderers belongs to the Kindred of the Murdered Kins-folks Children their Sons in Law Fathers in Law Sisters Children and those of the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Murderers have liberty granted of imploring the Father of the Murder'd to be mild and favourable but if he is not alive then his Brother or Sons all together shall be intreated for without the joynt consent of them all nothing shall prevail if these fore-mention'd Persons are all dead and the Death of the Person came by Chance-medley according to the determination of the fifty Ephetae ten of the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may if they think fit convene and delegate one and fifty out of the Nobility to the Ephetae ** All they who were Murderers before the making of this Law shall be subject to it's obligation If any one hath been Murder'd in any of the Burroughs and no body removes him the Demarchus shall give orders to his Friends to take him away bury him and perform the Duty of Lustration towards the Burrough that very day on which he was kill'd when a Slave is Murdered He
shall inform the Master when a Free-man the succeeding Heirs but if the Person Murder'd was not a money'd Man or had no Possessions the Demarchus shall acquaint the Relations and supposing they give no heed and neglect to take him away the Demarchus himself shall see him taken away and bury'd and take care the Burrough 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Oylvial 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 only 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 â—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 carry 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 relishing 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Law appertaining to the Action 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 TImocrates hath enacted that whatsoever Athenian is cast by the Action 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before the Senate and shall be secur'd by imprisonment before or after the Indictment his Name not being inserted according to Law by the Scribe of that Prytanie in the Accusation-note and carry'd up to the Thesmothetae the Thesmothetae within thirty 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shall be exempted from serving in the Army Of Military Punishments and Rewards THEY who have maintain'd their Post with Courage shall be advanc'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 Temples He who offends against this Law shall be put into bonds by the Eleven and carry'd before the Heliastae where any one
before the Fight with Mardonius was 〈◊〉 upon by a company of Lydians who plunder'd and squander'd â—â—road the Sacrifice but were at length repell'd with Whips and â—â—aves which were the only Arms the Lacedaemonians were at that 〈◊〉 furnish'd with In memory of this Victory the Whipping of â—â—oys at the Altar in Sparta and after that the Lydian Procession 〈◊〉 tells us was perform'd till his Days 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Festival at Sparta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 At Athens in honour of Iupiter sirnam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. the â—â—opitious It was so call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. from Iupiter 〈◊〉 Misfortune because by making Supplications to Iupiter they â—â—ain'd Protection and Deliverance from Dangers and Evils It 〈◊〉 celebrated about the latter end of Anthesterion without the City â—here was a great concourse of all the Athenians feasting and offerâ—â—g Sacrifices At the same Time there is said to have been a publick â—art in which all sorts of Vendibles were expos'd to Sale and â—â—erefore Strepsiades in Aristophanes saith he bought his Son Phiâ—â—â—â—ides a little Chariot at this Festival 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch maketh mention of another Festival that belong'd to 〈◊〉 wherein a solemn Procession was made by Men on Horseback 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 An Athenian Festival celebrated upon the fourteenth of Scirrâ—â—â—â—ion so nam'd because it was sacred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. to Iupiter â—â—â—nam'd Polieus or Protectour of the City Sometimes it was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from killing an Ox For it was customary upon this Day to place certain Cakes of the same sort with those us'd at Sacrifices upon a Table of Brass round this they drove a select number of Oxen of which he that eat any of the Cakes was presently slaughter'd The Person that kill'd the Ox was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Porâ—â—â—ry reports that no less than three Families were employ'd in this Ceremony and receiv'd different Names from their Offices therein The Family whose Duty it was to drive the Oxen were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. a Spur Those that knock'd him down 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being descended from Thaulon Those that slaughter'd and cut him up 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Butchers or Cooks The Original oâ— the Custom was thus On one of Iupiter's Festivals it happen'd that a hungry Ox eat one of the consecrated Cakes whereupon the Priest some call him Thaulon others Diomus or Sopater mov'd with pious Zeal kill'd the profane Beast In those Days it was look'd upon as a capital Crime to kill an Ox wherefore the guilty Priest was forc'd to secure himself by a timely Flight and the Athenians in his stead took the bloody Ax arraign'd it and according to Pausaniaâ— brought it in not guilty But Aelian is of another Opinion and reports that the Priest and People present at the Solemnity for they also were accus'd as being accessary to the Fact were acquitted but the Ax condemn'd which seems to be most probable In memory of these Actions it became ever after customary for the Priest to fly and Judgment to be given about the Slaughter of the Ox. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Spartan Festival in honour of Diana sirnam'd Dictynna from a City of Crete or from a Cretan Nymph one of her Companions in Hunting who was call'd Dictynna being the first invented Hunting-nets which are in Greek call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 At Megara in memory of the Hero Diocles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In honour of Iupiter Diomeus or of Diomus an Athenian Hero the Son of Colyttus from whom the Inhabitants of one of the Athenian Burroughs were nam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Solemnities in honour of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bacchus sometimes call d by the general Name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word tho' sometimes apply'd to the Mysteries of other Gods does more peculiarly belong to those of Bacchus The Festivals of this God are said to have been instituted in Aegypt and afterwards taught the Graecians by one Mâ—â—lampus and by Plutarch we are inform'd that the Aegyptiaâ— Isis was the same with Ceres and Osiris with Bacchus and that tâ—e Graecian Dionysia were the same with the Aegyptian Pamylia They were observ'd at Athens with greater Splendor and more Ceremonious Superstition than in any other part of Greece for the Years were number'd by them as the chief Archon had a part in the management of them and the Priests that officiated therein were honour'd with the first Seats at Publick Shows But at first they were without Splendor and Ornaments being Days set apart for Publick Mirth and observ'd only with these Ceremonies First a Vessel of Wine adorn'd with a Vine-branch was brought forth after that follow'd a Goat then was carry'd a Basket of Figs and after all the Phaili At some of them it was usual for the Worshippers in their Garments and Actions to imitate the Poetical Fictions concerning Bacchus They put on Fawn-skins fine Linnen and Mitres carry'd Thyrsi Drums Pipes Flutes and Rattles and crown'd themselves with Garlands of Trees sacred to Bacchus such were the Ivy Vine Firr c. Some imitated Silenus Pan and the Satyrs exposing themselves in Comical Dresses and Antick Motions some rode upon Asses others drove Goats to the Slaughter In this manner Persons of both Sexes ran about the Hills Deserts and other Places wagging their Heads dancing in ridiculous Postures filling the Air with hideous Noises and Yellings personating Men distracted and crying aloud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Such were the Rites us'd in most of Bacchus's Festivals throughout Greece and particularly at Athens where this frantick Rout was upon one of the Solemnities of this God follow'd by Persons carrying certain Sacred Vessels the first of which was fill'd with Water after these went a select number of Honourable Virgins call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they Carry'd little Baskets of Gold fill'd with all sorts of Fruit In these consisted the most Mysterious part of the Solemnity and therefore to amuse the Common People Serpents were put into them which sometimes crawling out of their places astonish'd the Beholders Next was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being a company of Men carrying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which were Poles to the Ends of which were fix'd things in the form of a Man's Privities these Persons were crown'd with Violets and Ivy and had their Faces cover'd with other Herbs they were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Songs repeated by them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 After these follow'd the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Women's Apparel with Garments strip'd with white and reaching to their