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 Areopagita were extremely active in the public affairs.

Pericles, who could never enter 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 functions. 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 afterwards 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 second was called THE KING, which was a remnant and vestige 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, however, he had yet preserved some part. For we have seen, in speaking of the battle of Marathon, that the polemarch 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, THESMOTHETA, 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 commerce and civil society.

SECTION VI.

Of the assemblies of the people.

These were of two sorts: the one ordinary and fixed to certain days, and for these there was no kind of summons; the other extra* From thence he was also called Επώνυμος.

ordinary, according to the different occasions that arose, and the people were informed of it by express proclamation.

The place for the assembly was not fixed. Sometimes it was the public market-place, sometimes a part of the city near the citadel, called Iv, and sometimes the theatre of Bacchus.

The prytanes generally assembled the people. Some days before the assembly, bills were fixed up, wherein the business to be considered was set down.

All the citizens, poor as well as rich, had a right to give their suffrages. Those were liable to a penalty who failed of being present at the assembly, or who came 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 drachma, then of three oboli, which made about five-pence French.

The assembly always began with sacrifices and prayers, in order to obtain 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 decided upon there, the resolution was read; after which those who wished to 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 generally spoke first, and then the rest according to their seniority. When the orators had done speaking, and giving their opinion, that it was necessary, for instance, 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 xgoroviv. The assembly was sometimes adjourned till another day, because it was too late to distinguish the number of those that lifted up their hands, and decide which party had the majority. 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 pioua, from the Greek word npos 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 that new laws were proposed and old ones amended; every thing that related to religion and the worship of the gods examined; magistrates, generals, and officers created; their behaviour and conduct inquired into; peace or war concluded; deputies and ambassadors appointed; treaties and alliances ratified; freedom of the city granted; rewards and honours decreed to 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 the 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 by the aristocracy and the authority of the elders, was by its constitution democratical and popular.

I shall have occasion to observe in the sequel, of what weight the talent of eloquence must have been in such a republic; and in what great repute orators must have been 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 the 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 still remains for me to say upon the government of Athens.

SECTION VII.

Of Trials.

There were different tribunals, according to the different nature of the affairs to be adjudged, but appeals might be brought to the people from all decrees of the 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, had they sent commissioners upon the spot, they would have been the sole persons to whom the allies would have made their court and paid their homage.

The parties pleaded their cause either in person, or employed advocates to do it for them. The time allowed for the hearing was generally fixed, and a water-clock, called in Greek nafúdga, regulated its duration. The decree was passed by plurality 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 thirty, and were known to be persons of good Xenoph. de Rep. Athen. p. 664.

VOL. IV.

G

morals. Whilst they sat 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, at which 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 individuals. We may judge of this from what is related in Aristophanes's comedy of The Wasps, wherein that poet ridicules the fondness of the Athenians for trying causes, and their eager desire for the gain arising from it, which protracted and multiplied suits without end.

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 computation which he makes 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 6000 judges, with whom Athens was overrun, 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 only ten months in the year, the other two being employed in festivals, when all proceedings at law were prohibited. Now three oboli a day paid to 6000 men, makes fifteen talents a month, and consequently 150 in ten months. According to this calculation, the most assiduous judge gained only seventy-five livres (about three guineas) a year. What then becomes of the remainder of the 2000 talents? cries the young Athenian. What? replies his father, who was one of the judges, it goes to those ·but let us not expose the shame of Athens; let us always be for the people. The young Athenian goes on to insinuate that the remainder went to such as robbed the public treasury; to the orators, who incessantly flattered the people, and to those who were employed in the government and army. I have extracted this remark from the works of Father Brumoi the Jesuit, of which I have already made much use, where I have spoken of the public shows and dramatic representations.

SECTION VIII.

Of the Amphictyons.

The famous council of the Amphictyons is introduced here, though it was not peculiar to the Athenians, but common to all Greece, because it is often mentioned in the Grecian history, and I do not know whether I shall have a more natural occasion to mention it.

The assembly of the Amphictyons was in a manner the holding of a general assembly of the states of Greece. The establishment of it is attributed to Amphictyon, king of Athens, and son of Deuoalion, who gave them his name. His principal view in the insti

* About $80,000%, sterling

† About 70001. sterling,

tution of this council, was to unite in the sacred band of amity the several people of Greece admitted into it, and to oblige them by that union to undertake the defence of each other, and be mutually vigilant for the happiness and tranquillity of their country. The Amphictyons were also created to be protectors of the oracle of Delphi, and the guardians of the prodigious riches of that temple, and also to adjudge the differences which might arise between the Delphians and those who came to consult the oracle. This council was held at Thermopylæ, and sometimes at Delphi itself. It assembled regularly twice a year, in the spring and autumn, and more frequently when affairs required.

The number of people or cities which had a right to sit in this assembly is not precisely known, and varied, without doubt, at different times. When the Lacedæmonians, in order to secure to themselves alone an influence over the decrees of this council, were desirous of excluding the Thessalians, Argives, and Thebans, Themistocles,* in the speech he made to the Amphictyons to prevent that design from taking effect, seems to insinuate that there were only one-and-thirty cities at that time which had this right.

Each city sent two deputies, and, consequently, had two votes in the council; and that without distinction, or the more powerful having any prerogative of honour or pre-eminence over inferior states in regard to the suffrages; the liberty upon which these nations valued themselves, requiring that every thing should be equal amongst them.

The Amphictyons had full power to discuss and determine finally in all differences which might arise between the Amphictyonic cities, and to fine the culpable in heavy penalties. They could employ not only the rigour of the laws in the execution of their decrees, but even raise troops, if it were necessary, to compel such as rebelled to submit to them. The three sacred wars undertaken by their order, of which I have spoken elsewhere, are an evident proof of this power.

Before they were installed into this body, they took a very remarkable oath, of which Eschinest has preserved the form : it runs to this effect: I swear that I will never destroy any of the cities honoured with the right of sitting in the Amphictyonic council, nor turn their running waters out of their course either in times of war or peace. If any people shall make such an attempt, I hereby engage to carry the war into their country, to demolish their cities, towns, and villages, and to treat them in every respect as the most cruel enemies. Moreover, if at any time any person shall dare to be so impious as to steal and take away any of the rich offerings preserved in the temple of Apollo at Delphi, or abet any others in committing that crime, either by aiding or only counselling him therein, I will use my feet, hands, voice; in a word, all my powers and faculties to avenge suck

Plut. in Thonist. P. 122. † Æschin. in Orat. περί παραπρεσβείας.