subsisted only one year. This shows with what wisdom Solon established this council, to inform and direct the people, to fix their inconstancy, to check their temerity, and to impart to their deliberations a prudence and maturity not to be expected in a confused and tumultuous assembly composed of a great number of citizens, most of them without education, capacity, or much zeal for the public good. The reciprocal dependency and mutual concurrence of the two bodies of the state, which were obliged to lend each other their authority, and remained equally without force when without union and a good understanding, were besides a method judiciously contrived for supporting a wise balance between the two bodies; the people not being able to enact any thing without its being first proposed and approved by the senate, nor the senate to pass any decree into a law till it had been ratified by the people.

We may judge of the importance of this council by the matters which were treated in it; the same, without any exception, as were laid before the people;-wars, taxes, maritime affairs, treaties of peace, alliances; in a word, whatever related to government; with out mentioning the account which they obliged the magistrates to give on quitting their offices, and the frequent decisions and judgments upon the most serious and important affairs.

SECTION IV.

Of the Areopagus.

This council took its name from the place where it held its meetings called the quarter,* or hill of Mars, because, according to some, Mars had been cited thither to trial for a murder committed by him. It was believed to be as ancient as the nation. Cicero and Plutarch attribute the institution of it to Solon; but he only re-established it, by giving it more lustre and authority than it had had till then, and for that reason was looked upon as its founder. The number of the senators of the Areopagus was not fixed; at certain times they amounted to 2 or 300. Solon thought proper that 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 an intercourse with them; the latter that they might not be softened by the sight of the guilty, and might judge solely according to justice and the laws. It was for the same reason, that, in presence of these judges, the orators were not permitted to use any exordium or peroration, nor allowed to excite the passions, but were

* "Αρειος πάγος.

obliged to confine themselves solely to the subject matter 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* condeinned 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 it were suffered to grow up with impunity.

The affairs of religion, as blasphemies against the gods, contempt of the 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 Areopagita; and we know that St. Paul was traduced before them, as teaching a new doctrine, and endeavouring 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 "Agulos máyos, nil constantius, nil severius, 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 compares the famous battle of Salamis,|| in which Themistocles had so great a part, with the establishment of the Areopagus, which 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 abundantly contributed to the victory of Themistocles ; because the republic was at that time directed by the wise counsels of that august senate.

It appears from this passage of Cicero, that the Areopagus had a great share in the government, and I do not doubt but it was

* Nec mihi videntur Areopagitæ, cùm damnaverunt puerum oculos coturnicum eruentem, aliud judicâsse, quàm id signum esse perniciosissimæ mentis, multisque malo futuræ si adolevisset. Quintil. 1. v. c. 9.

† Cohort. ad Græc.

Acts xvii. 18-20.

Ad Attic. 1. i. ep. 13.

Quamvis Themistocles jure laudetur, et sit ejus nomen, quàm Solonis, illustrius citeturque Salamis clarissima testis victoria, quæ anteponatur consilio Solonis, ei, quo primum constituit Areopagitas: non minus præclarum hoc, quàm illud, judicandum est. Illud enim semel profuit, hoc semper proderit civitati: hoc consilio leges Atheniensium, hoc majorum instituta servantur. Et Themistocies quidem nihil dixerit, in quo ipse Areopagum juverit: at ille adjuvit Themistoclem. Est enim bellum gestum consilio Senatus ejus, qui à Solone erat constitutus Offic. 1. i. n. 75.

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 Areopagite 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, THESMOTHETÆ, which implies that they had a particular superintendence over the laws, in order to their being duly served. 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 'EvÙμs.

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

The place for the assembly was not fixed. Sometimes it was the public market-place, sometunes 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 tc 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 S ometimes adjourned till another day, becauset was too late to distinguish the number of those that lifted their hands and decide which party had the majority. After a clution 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 nos 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

Dehaved 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 employeu advocates to do it for them. The time allowed for the hearing was generally fixed, and a water-clock, called in Greek nafúga, regu lated 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. 661.

VOL. IV.

G