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ples". A murderer who was banished his country for an involuntary homicide, was not permitted to return, though he had satisfied the relations of the deceased, before he was purified and had expiated the murder he had committed. They ascribe to the reign of Pandion, the eighth King of Athens, the establishment of religious ceremonies, proper to purify homicides y.
We shall remark on this subject, that Moses ordained a solemn expiation for the murders of which they did not know the authors z. He ordains likewife that those who, in a just and legitimate war, had stained themselves by the effusion of the blood of the enemy, should not enter the camp, before they were purified a. With the Romans, the soldiers who followed the chariot of the conqueror, were crowned with laurel; to the end, says Feftus, that they should not appear to enter the city, but when purified from the human blood which they had spilt b. The end of all these customs, was to inspire the greatest averfion for homicide.
We must, I believe, ascribe to the same principle of humanity, as well as policy, the prohibition of killing certain animals, so precisely settled by the first legislators of Greece. We have seen that Cecrops had forbidden to offer any thing that had life to the godsc, Triptolemus renewed that law, by ordering them to offer nothing but fruits d. But this second legislator went much farther ; for he expressly forbids using ill the animals employed in tillage. History has not disdained to preserve the circumstances which occasioned the death of the first ox, killed at Athens, and the consequence of that event f. This is one of those singular facts which merit a particular atten. tion: it happened under Erechtheus, fixth King of A. thens 8. This event was so much the more remarkable, as it gave rise to the erection of the Prytaneum, a most renowned tribunal among the Athenians. The business of the Prytanes was to commence processes against things inanimate, which had occasioned the death of any one i.
See Marsh.p. 253. ; Feithius, p. 187. * Demosth. in Aristocrat. p. 736. E. See also Plat. de leg. 1.9.p. 937. &c. 3 Marin. Oxon. ep. 15.; Marsh. p. 253. a Deut. c. 21. V. 5. &c.
# Numb. c. 31. V. 19. & 24. Verbo laureati, p. 206.
c Art. 1.
d Ibid. 8. e Ibid. Porphyr. de abftin. 1. 2. p. 136. & 174. ; Ælian. var. hift. I. 8. c. 3. ; Paus. 1, 1. c. 28. p. 70.
I finish what concerns the penal laws of Greece, by observing a perfect.conformity between these laws and those of the Egyptians, in the punishment of pregnant women guilty of crimes deserving death: the Greeks, after the example of the Egyptians, waited to bring them to punishment, till they were delivered *. · What I find the most extraordinary in the ancient laws of Greece, is, that the legislators had not determined precise. ly the nature and duration of the punishment with which each crime ought to be punished'. They left it to the judges to apply the laws as they thought proper. Zaleucus, legislator of the Locrians, was, say they, the first who prefcribed and explained in his laws the kinds and duration of punishments which they ought to inflia on criminals m.
We see, from what has been said, that the first laws of Greece were very shapeless; they favoured of the rudeness which reigned so long in that part of Europe".
The Greeks, like all the ancient people, were some time before they knew the art of writing. Singing was then the only way to hand down to posterity what was necessary to be remembered. This most simple and most natural method had been used to preserve the remembrance of the laws. For want of monuments, where they could deposite their laws, the first legislators set them to music, to make them be retained the more easily. The Greeks sung their laws. This is what made the same name be given to laws as to songs P. Aristotle, in his problems, inquiring into
& Paul. 1. 1. c. 28. p. 70.
b Ibid. loco cit.; Pollux, 1. 8. c. 10. i Paus. l. 1. c. 28. p. 70. See the examples which he cites, 1. 5. c. 27. p. 449. 1.6. c. 11. p. 478.
* Diod. l. 1. p. 88.; Ælian. var. hist. l. 5.c. 18.; Plut. t. 2. p. 552. D. } Strabo, 1. 6. p. 398.
m Ibid. Arift. polit. 1. 2. c. 8. p. 327. B. • See parti. book I. Ρ Νόμοι.
the reason of this conformity of names between two such different objects, it is, says he, that before the knowledge of writing, they sung the laws, left they should forget them .
The custom of putting the laws, and all that had relation to them, into fong, prevailed so much in Greece, that it even continued after writing was introduced. The crier, who published the laws in most of the Greek cities, was subjected to regulated tones, and a measured declamazion. He was accompanied by the found of a lyre, like an actor upon the stager. This manner of publishing the laws, the edi&ts, &c. had subsisted a long time among the Greeks. History has preserved one example too remarkable to be omitted.
On the night which followed the battle of Cheronea, Philip, intoxicated with good cheer and wine, and still more with the victory he had gained, went to the field of battle, yet covered with the dead bodies of the Athenians; where, to insult the dead, he parodied the decree which Demosthenes had proposed to excite the Greeks to take up arms. Philip sung then, beating time: “Demosthenes, “ son of Demosthenes the Pæonian, has said, &c.5"
The Locrians of Italy were looked upon, in the writings of some authors of antiquity, for the first Grecians who had reduced their laws to writing But this fact does not appear to me to be exact ; for, without speaking of
Problem. sect. 19. problem. 28. Josephus and Plutarch suspect that the term xómos, used to design laws, was modern, in comparison of the early times We are now speaking of; and that it was even later than the age of Homer; who, in his poems, never uses the word vócos to fignify laws, but berisah, jura.
But Jofephus and Plutarch, especially speaking dubiously, ought not to balance the authority of Aristotle about the antiquity of a Greek word; to fay nothing of an hymn in honour of Apollo, attributed to Homer, where vóues is used to signify law, or the method of singing, v. 20.
We likewise find the word vómos used in Hesiod to signify laws, Op. & dies, v. 276.
"Graecarum quippe urbium multae ad lyram leges, decretaque publica recitabant. Martian. Capella de nupt. Philolog. I. 9. P. 313. See also Ælian. var. hist. 1. 2. c. 39.; Stob. serm, 42. p. 291. i Plut. in Demosth. p. 855. A.
L. 6. p. 397.
Minos, who, by Plato's account, had committed his laws to writing"; without speaking of a law of Theseus, - writ on a column of stone, which remained even to the time
of Demosthenes * ; it is certain, that Solon caused his laws .. to' be written y; and Solon is prior by almost a century
to Zaleucus, legislator of the Locrians. Yet I do not be lieve, that, at the time we are now speaking of, any people of Greece, except the Cretans, had a body of laws com. piled and reduced to writing.
Of the laws of Crete.
I Had at first resolved not to speak of the Cretans. These
islanders never joined with the other people of Greece fixed in their ille, they scarce ever took part in the general $ affairs, and were not influenced by any event which did
interest all the Greeks 2. Yet we ought to look upon the Cretans, as making a part of the Greek nation, since they spoke the same language, Besides, the laws of Crete of themselves merit our attention; they were a model for those which Lycurgus afterwards gave to the Lacedæmo. hians. It is therefore proper to speak of them, that we may remark the conformity there was between the laws of Crete and thofe of Sparta.
Of all the people of Greece, the Cretans were looked upon as the first who had written laws b. They were the work of Minos the First c. The high reputation of these laws, made this prince be ranked with the greatest legislators of antiquity.
The laws of Minos were founded on iwo principal mo.
u In Minoe, p. 568. E.
* In Neaeram, p. 873. C. y See part 3. book 1. c 3. art. 1.
2 Except in the war of Troy, they seem never to have concerned them felves in the affairs of Greece. See Herod. 1. 7. n. 167. & 170. 171.
a That was the Doric dialect. • Plat. in Min. p. 568. E.; Solinus, c. II. p. 29.; Ilidor. orig. I. 14. c. 6. See mem. de l'academ. des inscript. t. 3. mem. p. 49.
tives, to form his subjects for war, and to promote an union of hearts. If Minos succeeded in the first of these objects, we shall see, that, with regard to the second, the event did not answer his expectations. With a view to establish a perfect union among his subjects, Minos laboured to make the most exact equality among them. For this purpose he ordained, that all the children should be fed and brought up together. Their life was austere and sober. They were accustomed to be content with a little, to bear heat, cold, and to march over rugged and steep places. They were always clothed like soldiers, in a plain cloth, the fame in winter as in summer. They were accustomed to have little combats with each other, to bear courageoutiy the strokes they received ; and, to conclude, says Strabo, even to their very diversions, all savoured of war, they even danced with arms in their hands e.
To unite their minds still more, and to bind them more intimately, Minos would have all the citizens eat together at the same tables. They were fed at the expense of the ftate : it was paid out of the public treasurys. The young men eat on the ground, and waited on each other.
each other. They likewise waited on the men . As in the army, the soldiers are obliged to eat all together, the intention of Minos, in establishing these public repasts, was to form his subjects in their infancy to military discipline. This is the only good that could spring from this custom. The institution of public meals did not succeed to maintain union and concord among the Cretans; we know that they were continually at war with each other i. They never agreed, but when they went to beat off a common enemy k. I
à Strabo, 1. 10. p. 735. &c.
e Ibid. This dance was greatly celebrated in antiquity under the name of Pyrrhic.
f Arift. polit. 1. 7. C. 10.; Strabo, 1. 10. p. 736.
Arift. polit. I. 2. c. 10. p. 333. * Plut. t. 2. p. 490. B. It was from this conduct of the Cretans, ac. cording to Plutarch, that the proverbial expression came, so well known in Greece, to Syncretise. They have since called Syncretistes, those who undertook to reconcile the different sects. This word is often used by divines, but aways in bad fenfe.