only those who had borne the office of archon should be honoured with that dignity.

This senate had the care of seeing the laws duly observed, of inspecting the manners of the people, and especially of judging in criminal cases. They held their sittings in an open place, and during the night; the former very probably to avoid being under the same roof with the criminals, and not to defile themselves by such a commerce with them; the latter, that they might not be softened by the sight of the guilty, and might judge according to justice and the laws. It was for the same reason the orators were not permitted to use their exordium or peroration, nor allowed to excite the passions, and were obliged to confine themselves solely to the subjectmatter of their cause. The severity of their judgments was exceedingly dreaded, particularly in regard to murder, and they were highly attentive to inspire their citizens with horror for that crime. They condemned a child to be put to death for making it his pastime to put out the eyes of quails; conceiving this sanguinary inclination as the mark of a very wicked disposition, which might one day prove fatal to many, if he were suffered to grow up with impunity.

The affairs of religion, as blasphemies against the gods, con tempt of sacred mysteries, different species of impiety, and the introduction of new ceremonies and new divinities, were also brought before this tribunal. *We read in Justin Martyr, that Plato, who in his travels in Egypt had acquired great lights. concerning the unity of God, when he returned to Athens took great care to dissemble and conceal his sentiments, for fear of being obliged to appear and give an account of them before the Areopagite; and we know that St. Paul was tra duced before them, as teaching a new doctrine †, and endea vouring to introduce new gods.

These judges were in great reputation for their probity, equity, and prudence, and generally respected. Cicero, in writing to his friend Atticus, upon the fortitude, constancy, and wise severity of the Roman senate, thinks he makes a great encomium upon it, in comparing it with the Areopagus.. Senatus, "Aguns, rayos, nil constantius, nil serverius, nil fortius. Cicero must have conceived a very advantageous idea of it, to speak of it as he does in the first book of his Offices. He || Nec mihi videntur Areopagitæ, cum damnaverunt puerum oculos coturnicum eruentem,aliud judicasse, quam id signum esse perniciosis simæ mentis, multisque malo futuræ si adolevisset. Quintil. l. v. c. 9. † Acts xvii. 18—20.

*Cohort ad Græc.

quam

So

Ad Attic. I. i. ep. 13. $ Quamvis Themistocles jure laudetur et sit ejus nomen, Jenis, illustrius, citeturque Salamis clarissimæ testis victoria, quæ anteponatur consilio Solonis ei, quo primum constituit Areopagitas:

compares the famous battle of Salamis, in which Themistocles had so great a part, with the establishment of the Areopagus, that he ascribes to Solon; and makes no scruple to prefer, or at least to equal, the legislator's service to that for which Athens was obliged to the general of its army. "For in reality, says he," that victory was useful to the republic only "for once, but the Areopagus will be so throughout all ages; "as by the wisdom of that tribunal, the laws and ancient "customs of the Athenian state are preserved. Themistocles "did no service to the Areopagus, but the Areopagus abun"dantly contributed to the victory of Themistocles; because "the republic was at that time directed by the wise counsel's "of that august senate.”

It appears from this passage of Cicero's, that the Areopagus had a great share in the government, and I do not doubt but it was consulted upon important affairs. Cicero here perhaps may have confounded the council of the Areopagus with that of the five hundred. It is certain, however, that the Areopagitæ were extremely active in the public affairs.

Pericles, who could never enter into the Areopagus, because chance having always been against him, he had not passed through any of the employments necessary to his admission, attempted to weaken its authority, and attained his point; which is a great blot in his reputation...

SECTION V..

OF THE MAGISTRATES.

Of these a great number were established for different func--tions. I shall speak only of the archons who are the most known. I have observed elsewhere that they succeeded the kings, and that their authority at first continued during life. It was at length limited to ten years, and reduced at last only to one. When Solon was commissioned to reform the government, he found them upon this foot, and to the number of nine. He did not abolish their office, but he very much diminished their power.

The first of these nine magistrates was called the archon, by way of eminence, and the year denominated from him: *Under such an archon such a battle was fought." The

non minus præclarum hoc, quam illud, judicandum est. Illud enim semel profuit, hoc semper proderit civitati hoc consilio leges Atheniensium, hoc majorum instituta servantur. Et Themistocles qui-· dem nihil dixerit, in quo ipse Areopagum juverit: at ille adjuvig Themistoclem. Est enim bellum gestum consilio senatus ejus, qui 201 Solone erat constitutus. Offic. l. i. n. 75.

* From theace he was also called 'Erdvopos, -

second was called the king, which was the remains and footsteps of the authority to which they had succeeded. The third was the polemarch, who at first commanded the armies, and always retained that name, though he had not the same authority, of which he had so long preserved some part. For we have seen, in speaking of the battle of Marathon, that the pole march had a right to vote in the council of war, as well as the ten generals then in command. The six other archons were called by the common name, Thesmothetæ, which implies that they had a particular superintendence over the laws, in order to their being duly observed. These nine archons had each of them a peculiar province, and were judges in certain affairs allotted to their cognizance. I do not think it necessary to enter into the particulars of their duty, nor into those of many other employments and offices, established for the administration of justice, for the levying of taxes and tributes, for the preservation of good order in the city, for supplying it with provisions, in a word, for every thing relating to com merce and civil society.

SECTION VI.

OF THE ASSEMBLIES OF THE PEOPLE.

THESE were of two sorts; the one ordinary and fixed to crtain days, and for these there was no kind of summons; the other extraordinary, according to the different occasions that arose, and the people were informed of it by express proclamation..

Sometimes it

The place for the assembly was not fixed. was the public market-place, sometimes a part of the city near the citadel, called II, and sometimes the theatre of Bacchus. The prytanes generally assembled the people. Some days before the assembly papers were fixed up, wherein the busi-ness to be considered was set down.

All the citizens, poor as well as rich, had a right to give their suffrages. They were liable to a penalty who failed of being present at the assembly, or who came too late; and to induce their punctual attendance, a reward was annexed to it, at first of an obolus, which was the sixth part of a drachm, then of three oboli, which made about fivepence French.

The assembly always began with sacrifices and prayers, in order for the obtaining from the gods the knowledge and understanding necessary to wise deliberations; and they never failed to add the most terrible imprecations against such as. should wilfully advise any thing contrary to the public good. The president proposed the affair upon which they were to deliberate. If it had been examined in the senate, and drawn up there as a question, it was read; after which those who

would speak were invited to ascend the tribunal, that they might be the better heard by the people, and inform them in the matter proposed. The oldest general spoke first, and then the rest according to their seniority; when the orators had done speaking, and concluded that it was necessary to approve or reject the decree of the senate, the people proceeded to vote, and the most common method of doing it was by holding up their hands, to denote their approbation; which was called XugOTOVVETV. The assembly was sometimes adjourned till another day, because it was too late for the number of those who lifted up their hands to be distinguished, and the plurality decided. After a resolution had been formed in this. manner, it was reduced to writing, and read by an officer to the people with a loud voice, who confirmed it again by holding up their hands as before; after which the decree had the force of a law. And this was called pa, from the greek word pos, which signifies "a pebble," or "small stone," because they were sometimes used in giving suffrages by scrutiny.

All the great affairs of the republic were discussed in these assemblies. It was in them new laws were proposed, and old ones amended; the religion and worship of the gods examined; magistrates, generals and officers created; their behavior. and conduct inquired into; peace or war concluded; deputies and ambassadors appointed; treaties and alliances ratified; freedom of the city granted; rewards and honors decreed for those who had distinguished themselves in war, or rendered great services to the republic; and punishments ordained for those who had behaved themselves ill, or had violated the laws of the state, and were banished by ostracism. In fine, justice was administered, and judgment passed there, upon the most important affairs. We see from this account, which is however very imperfect, how far the people's power extended; and with what truth it may be said that the government of Athens though qualified with aristocracy, and the authority of the elders, was by its constitution democratical and popular.

I shall take occasion to observe in the sequel, of what weight the talent of eloquence is in such a republic; and in what manners orators ought to be considered in it. It is not easy to conceive how they could make themselves heard in so numerous an assembly, and where such a multitude of auditors were present. We may judge how great that was, from what has been said of it in two instances. The first relates to ostracism, and the other to the adoption of a stranger for a citizen. On each of these occasions it was necessary that no less than 6000 citizens should be present in the assembly.

I reserve for another place the reflections which naturally arise from what I have already related, and what it remains for me to say further upon the government of Athens.

SECTION VII.

OF TRIALS.

THERE were different tribunals, according to the difference of the affairs to be adjudged; but appeals might be brought to the people from all decrees of other judges, and this it was that rendered their power so great and considerable*. All the allies, when they had any cause to try, were obliged to repair to-Athens; where they often remained a considerable time, without being able to obtain audience, from the multiplicity of affairs to be adjudged. This law had been imposed upon them, in order to render them more dependent upon the people, and more submissive to their authority; instead of which, bad they sent commissioners to the places, they would have been the sole persons to whom the allies would have made their court, and paid their homage.

The parties pleaded their causes-either in person, or employ-ed advocates to do it for them. The time allowed for the hearing was generally fixed, and a water-clock, called in Greek

ga, regulated its duration. The decree was passed by plu-rality of voices; and when the suffrages were equal, the judges inclined to the side of mercy, and acquitted the accused. It is remarkable that a friend was not obliged to give evidence against a friend.

All the citizens, even the poorest, and such as had no estates, . were admitted into the number of the judges, provided they had attained the age of 30, and were known to be persons of good morals. Whilst they set in judgment, they held in their hands a kind of sceptre, which was the mark of their dignity, and laid it down when they withdrew.

The judges' salary was different at different times. They had at first only an obolus a day, and afterwards three, where their fee remained fixed. It was but a small matter in itself, but became in time a very great charge to the public, and exhausted the treasury without much enriching particulars. We may judge of this from what is related in Aristophanes's comedy of the Wasps, wherein that poet ridicules the passion of the Athenians for trying causes, and their eager desire for the gain arising from it, which protracted and multiplied suits to infinity.

In this comedy, a young Athenian, who was to act the part I have mentioned, of turning the judges and trials of Athens into ridicule, from a state of the revenues paid into the public treasury, finds their amount to be 2000 talents + He then examines how much of that sum falls to the share of the judges, with whom Athens was over-run, at three oboli a head per day. This appears to be annually, including all of them, only 150 talents. The calculation is easy. The judges were paid

* Xen, de rep.Athen. p.664. About 280,000l. sterl. 7000l. stérḥ