III. Athens.

A fairer order of civil polity is displayed in the conftitution of Athens; a conftitution, which fur nished not only a model for the laws of Rome, but for most of the nations of modern Europe. It was a regular fyftem of jurifprudence, extending to every clafs of citizens. The most judicious writers agree, that thofe improvements, which formed the peculiar merit of Athens, were introduced by Solon, about two centuries and a half after the reign of Lycurgus.

The fituation of Attica naturally directed the attention of its inhabitants to commerce, and naval affairs. They poffeffed a country, which although fruitful in vines and olives, was not adequate to the fupport of its inhabitants, without a fupply of foreign produce. This defect naturally pointed out the fea to them as the proper fphere for their exertions, and in procefs of time they rofe to the highest eminence, as a commercial ftate; their great intercourfe with ftrangers gave a particular direction to their laws, and promoted that urbanity of manners, by which they were fo eminently diftinguished.

Solon

See the beautiful picture of Attica, drawn by Sophocles, in the first Chorus of Edipus Coloneus. He celebrates the beauty of his native country, the various productions of the

Solon an Athenian, of the race of Codrus, attained the dignity of Archon 594 years before Chrift, and rendered his name immortal by framing for his countrymen a new form of government, and a new system of laws. He fecured peculiar privileges to the rich, and admitted the poor to an ample fhare of the government. He divided the citizens into four claffes; to the three firft, compofed of the rich, were confined all the offices of the state; the fourth, confifting of the poor, had an equal right of voting in the public affembly, in which all laws were paffed. As they were more numerous than all the reft, their fuffrages might have given them an influence in all deliberations dangerous to the public tranquillity. In order to prevent this evil, and to regulate the proceedings of an affembly thus conftituted, he established a balance of power in the council of five hundred. The members of this council were appointed every year by lot, and were obliged to ftand the test of a fevere fcrutiny into their characters, before they were invested with their office. They directed all political concerns, and prepared bufinefs for the affembly of the people, to whom no measure was propofed without their previous fanction. Solon likewife restored the court of Areopagus, fo much famed for the pure adminiftration of justice,

foil, and the matchless skill of the Athenians in horfemanship and naval affairs. It abounds with images fo truly poetical, that the Old Scholiaft might well call it—το γλαφυρον και ῳδίκου . Johnson's Soph. Tom. ii. p. 225.

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and the unfullied character of its members, who exercifed a judicial power, and tried criminals for capital offences. It was their duty to inspect the general behaviour of the citizens, fuperintend the conduct of youth, and take care they were educated and employed in a manner fuitable to their rank. But their greatest privileges confifted in a power of reverfing the decrees of the popular affembly, in refcuing the condemned from their fentence, and condemning the acquitted. Of the juftice, impartiality, and wifdom of the Areopagus, in the exercife of their fupreme authority, no higher idea can be given than by the lofty panegyric of Cicero, who affirmed, that this council was as effential to the profperity of Athens, as the providence of the Gods to the government of the world. By the establishment of these two affemblies, a large mixture of ariftocracy was infufed into the commonwealth, and the adminiftration of public affairs was fecured against much of the danger of popular tumult and violence.

In addition to the general affembly of the people, the Areopagus, and the council of five hundred, there were no lefs than ten courts of judicature; four for criminal, and fix for civil caufes. Over thefe prefided nine archons, who were invested. with great authority, and the magiftrate who for the fake of pre-eminence was ftiled "the Archon, exercifed a religious, as well as a civil jurifdiction. But the merits of the caufes, and the validity of the evidence which were fubmitted to their con

fideration,

fideration, were decided by a certain number of men, felected from the citizens at large. This Athenian establishment may bring to our mind one of the moft celebrated inftitutions in the legal polity of Great Britain; and the experience of Englishmen, from the days of the immortal Alfred to the present times, can give the fulleft teftimony to the general equity and fingular excellence of our Trial by Jury.

The number of flaves both in Athens and Sparta, when compared to citizens, was very large. From a computation made in the time of Demetrius Phalereus, it appears, that there were more than twenty thousand Athenians qualified to vote in the public affembly; at the fame time, the flaves amounted to twenty times that number'. Plutarch has enabled us to afcertain the numbers of the Lacedemonians at one particular period, as he ftates, that by the divifion of their lands, a competent fubfiftence was procured for thirty-nine thoufand families. Their flaves appear not to have been lefs in proportion than those of Athens, even after repeated maffacres to diminish their number. It was not merely by the effects of conqueft, that fo many were reduced to a fervile ftate, as was the cafe of the unfortunate Helots; but many of the citizens of Athens were driven by extreme indigence to fell themselves to the wealthy.

After the death of Solon, Pififtratus fucceeded

to the fovereign power. He was called indeed a tyrant; but his government was fplendid and mild. He tranfmitted the command to his fons Hippias and Hipparchus. Harmodius and Ariftogiton, celebrated as patriots in a very beautiful fong of high antiquity, fucceeded in putting Hipparchus to death, and restored the democracy. Illuftrious birth was for fome time confidered neceffary to enable a citizen to obtain the administration of public affairs. Themiftocles and Ariftides were the first who gained high offices from the mere influence of their characters and talents. The dif tribution of money afterwards fecured an undue authority. Cimon bribed the people at his own expence, and Pericles fet the more ruinous example of paying them out of the public treasury, The great conceffions made to the populace at various times, tended to undermine the inftitutions of Solon, and before the age of Demofthenes, the ancient spirit of the Conftitution was extinguished, and the whole management of ftate affairs was abandoned to intriguing and unprincipled demagogues.

The different laws of Sparta and Athens produced, in the course of time, a correfponding difference in their manners; the performances of the theatre, the popular affemblies, and the facred feftivals, employed the inhabitants of Athens, while the Spartans, indulging in no amusement or relaxation, were inceffantly bufied in the exercises of war. The ftreets of Athens refounded

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