Out of the moft vigorous of the old Men, there are to be created Oaλλopópor, i. e. Perfons to carry Sprigs of Olive in the Panathenæa, in Honour of Minerva (). See Book II. Chap. xx. in Пavadevala.

It is hereby appointed, that the Confort of the Bariλgus fhall be a Citizen of Athens, and never before marry'd (t). See Book I. Chap. xii. Not the Priests only fhall give an Account of their Demeanour in their Priesthood, but likewise the facred Families (u). See Book II. Chap. iii.

No impure Perfon shall be elected into the Priesthood (w). See as before.

Laws relating to the Laws.

As for the Review of the Laws (επιχειροτονία Νόμων) 1 have purpofely omitted it, as being spoken of in the former Part of this Chapter.

T

The Decree.

Ifamenus hath eftablished, with the Confent and by the Authority of the People, that Athens fhall keep her ancient Form of Government, and make Ufe of Solon's Laws, Weights, and Meafures, with Draco's Sanctions, as hitherto; if new ones fhall feem requifite, the Nomotheta, created by the Senate for that Purpose, shall engross them on a Tablet, and hang 'em up at the Statues of the Eponymi, that they may be expofed to the publick View of all Paffers-by; the fame Month they are to be given up to the Magiftrates, after they have pass'd the Estimation of the Senate of five hundred, and the delegated Nomotheta. Be it also farther enacted, that any private Man may have free Access to the Senate, and give in his Sentiments concerning them. After their Promulgation, the Senate of Areopagus is required to take Care that the Magiftrates put these Laws into Execution, which, for the Conveniency of the Citizens, are to be engraved on the Wall, where before they had been exposed to publick View(x). This Law was enacted after Thrafybulus had expell'd the thirty Tyrants. See the former Part of this Chapter. He that propounds a Law contrary to the common Good, fhall be indicted (y). See as before.

The Propofer of a Law, after the Year's End, fhall be accused, if his Law be pernicious, but yet fhall be liable to no Penalty. See as before. No Law fhall be repeal'd, before Reference be made of it to the Nomotheta; which being done, any Athenian may endeavour its Repeal, fuppofing he fubftitutes a new Law in its Stead. Both these the Proedri fhall refer to the Votes of the People; the first Proposal shall be concerning the old Law, whether it be any longer conducible to the publick Good, then the new one shall be proposed; and which of the

(f) Xenophon Sympofio. (t) Demofthenes in Neæram. (u) febines in Ctefipbontem. (w) Æfchines in Timarchum. (x) Andocides de Myfteriis. (3) Demofthenes in Timecratem.

two

two the Nomotheta fhall judge beft, that shall be in Force; yet this Caution must be observ'd, that no Law fhall be enacted, which gainfays any of the reft; and the Perfon, who fhall give in a Law inconfiftent with the former Conftitutions, fhall be dealt with according to the Rigour of the A&t against thofe, who promote prejudicial Laws (*). See as before. He who, to abrogate an old Law, promifeth to make a new one, and doth not, shall be fin'd (≈).

The Thefmothet a fhall yearly affemble in the Repofitory of the Laws, and cautiously examine whether one Law bears any Contradiction to another; whether there be any Law unratified, or Duplicates about the fame Things; if any of these fhall occur in their Examination, it fhall be writen on a Tablet, and publish'd at the Statues of the Eponymi. Which done, by the Epiftata's Order, the People fhall vote which of them shall be made void, or ratified (a). See as before.

No Man fhall enact a Law in Behalf of any private Perfon, unless fix thousand Citizens give Leave by private Votes. This was one of Solon's Laws (b).

It fhall be a capital Crime for any Man to cite a fictitious Law in any Court of Justice (c).

The Laws fhall be in Force from the Archonship of Euclides (d). This Law was enacted after the Expulfion of the thirty Tyrants, and intimates, that what had been done, under their Ufurpation, should not thenceforth be enquir'd into, an Act of Amnesty having been pass'd.

Diocles hath enacted, that the Laws enacted during the Freedom of the Commonwealth, before Euclides was Archon, and alfo those which were made in his Archonship, fhall be in full Force henceforward. Thofe, which have been enacted fince the Archonship of Euclides, or hereafter to be enacted, shall be in Force from the Day, wherein each of them fhall be enacted, unless a particular Time, wherein their Force fhall begin, is fpecify'd in the Law. Thofe,which are now in Force, fhall be tranfcrib'd into the publick Records by the Notary of the Senate within thirty Days. But the Laws, hereafter to be made, fhall be transcribed, and begin to be in Force from the Day of their being enacted (e). This Law gave perpetual Force and Authority to the Laws of Solon, which were at first enacted only for an hundred Years, as has been elsewhere obferved.

Laws referring to Decrees of the Senate, and
Commonalty.

Ynpioμara, or Decrees of the Senate, are to be but of one Year's
Continuance (f). See Book I. Chap. xviii.

No Pfephifm hall pass to the Commons, before the Senate's Supervifal (g). One of Solon's Lars. See as before.

(*) Demofthenes ibid. & in Leptin. (x) Ulpianus in Leptin. (a) Æfchines in Ctefiphontem. (b) Andocides de Myfteriis, Eneas Gazeus in Theophraftum. (c) DemoAbenis Orat. II. in Ariftogitonem. (d) Andocides de Myfteriis. (e) Demofthenes in Timocrat. (f) Demofthenes in Ariftocratem. (g) Plutarchus Solone. L 3

The

The Tablets, on which the Pfephifms are engraved, are by no mean to be removed (g).

Let no Pfephifm be of greater Authority than the Laws, the Senate, or the People (b).

No Sophistication is to be contain'd in a Psephifm (i).

Laws concerning native and enfranchis'd Citizens.

A

LL Laws are to be alike obligatory towards the whole Body of the People. One of Thefeus's Laws (k).

All Priefts and Archons are to be elected out of the Nobility (svæαTgida) whofe Duty 'tis to interpret all Laws both Civil and Divine, Another of Thefeus's Laws (1). See Book I. Chap. iii.

The OйTes, or those of the meaneft Sort, fhall be capable of no Magiftracy. This and the following Law are Solon's (m). See Book I, Chap. iv.

The OйTEs fhall have Right of Suffrage in publick Affemblies, and of being elected Judges.

Let all the Citizens have an equal Share in the Government, and the Archons be indifferently elected out of them all. This Law was enacted by Ariftides (n). See Book I. Chap, xi.

No Perfons, but fuch as have fuffer'd perpetual Banishment, or those who, with their whole Families, come to Athens for the Conveniency of Trade, fhall be enroll'd among the Denisons. One of Solon's Laws (o). See Book I. Chap. xi.

Let no Perfon that's a Slave by Birth, be made free of the City (p), See Book I. Chap. x,

No one fhall be admitted Citizen,unless a particular Eminency of Virtue entitle him to it; and if the People do confer a Citizenship on any one for his Merits, he fhall not be ratified before the Athenians, at the next Meeting of the Affembly, honour him with fix thousand private Votes; the Prytanes likewife fhall give them, before the Entrance of the Strangers, the Boxes with the Calculi, and take away the Largeffes. Now thefe Perfons, after Enfranchifment, fhall be altogether uncapable of being Archons, or Priefts; as for their Children, they may officiate, if born of a free Woman; if the Perfons made free prefume the taking up of any Office, any free-born Man may bring an Action against them, as Interlopers on his Privileges (q). This Law was enacted after the Victory over Mardonius near Platæ. See Book I. Chap. ix.

There fhall be a Difquifition måde, whether they, who are inferted in the Register of Citizens, be fo or no; they who shall not be found Citizens on both Sides, let them be erased out; the Determination of this fhall be by their own Borough, by whom, if they be caft, and acquiefce in their Sentence without any farther Appeal to an higher

(g) Plutarchus Pericle. (b) Demofthenes Timocratea. (i) Æfchines in Ctesiphontem, (k) Plutarchus Thefeo. (1) Ibidem. (m) Plutarchus Solone. (n) Plutarchus Ariftide. (0) Plutarchus Solone. (p) Dion. Chryfoftomus Orat. XV. (9) Demofthenes Orat. in Neeram

Court,

Court, they fhall be rank'd among the Sojourners; but they that, after Appeal, fhall be condemn'd by the higher Court, fhall be fold for Slaves; or, if acquitted, fhall continue in their Freedom (r). See as before. This Law was enacted, Archias being Archon.

It is permitted any Athenian to leave the City, and take his Family and Goods along with him ().

Laws appertaining to Children legitimate, Spurious, or

T

HEY only fhall be
fo (t). See Book I.

Inftance of Pericles.

adopted.

reckon'd Citizens, whofe Parents are both
Chap. iv.
This Law was enacted at the

He fhall be look'd on as a Baftard, whofe Mother is not free (u). This was enacted by Ariftophon the Orator.

Let none of fpurious Birth, whether Male or Female, inherit either in facred or civil Things, from the Time of Euclides being Archon (w). That Inheritance fhall pafs for good, which is given by a Childless Person to an adopted Son (x).

Adoption must be made by Persons living (y). i. e. Not by their Laft Teftament.

No one, except the Perfon, who adopted, fhall have a legitimate Son, fhall relinquish the Family into which he is adopted, to return into his Natural. One of Solon's Laws (z). See Book IV. Chap. xv.

Parents may give their Children what Names they will, or change those they have for others (a). See Book IV. Chap. xiv.

Whenever Parents come to enroll their Children, whether genuine, or adopted, in the publick Register of the opároges, they are obliged to profefs by Oath, that they were lawfully begotten of a free Woman (b). See Book I. Chap. ix.

Beafts, defign'd at this Time for the Altar, are to be of a certain Weight, a Goat to weigh fifty pvc, and two Sheep forty-eight.

I

The Oath to be taken by the Ephebi.

'LL never do any Thing to difgrace this Armour; I'll never fly from my Poft, or revolt from my General, but I'll fight for my Coun try and Religion, in an Army or fingle Combat; I'll never be the Cause of weakening or endamaging my Country; and if it be my Fortune to fail on the Seas, my Country thinking fit to fend me in a Colony, I'll willingly acquiefce and enjoy that Land which is allotted me. I'll firmly adhere to the present Conftitution of Affairs, and whatfoever Enactions the People fhall please to pafs, I'll fee nobody violate or pervert them, but I'll either fingly by myself, or by joining with

(r) Argumentum Demoftben. Orat. Tpòs Eußeλiduvipiσews. () Plato Critone. (t) Plutarchus Pericle. (u) Caryftio Hiftoric. Soμnu. lib. III. (w) Demofthenes in Macartatum. (x) Demofthenes in Leacharem. (y) Libanius Argumento Orat. Demofthenes in Leocharem. (x) Ifæus de hæred. Philoctemonis, Harpocration, (a) Demofthenes Orat, in Beotum de nomine. (b) Ifæus de hæred. Apollodori.

L 4

others,

others, endeavour to revenge them. I'll conform to my Country's Religion: I fwear by these following Deities, viz. the Agrauli, Enyalius, Mars, Jupiter, the Earth, and Diana.

If Occafion require, I'll lay down my Life for my native Country. My Endeavours to extend the Dominions of Athens fhall never cease, while there are Wheat, Barley, Vineyards, and Olive-trees without its Limits (c).

Parents fhall have full Right to difinherit their Children (d). See Book IV. Chap. xv.

No one shall fell his Daughter, or Sifter, unless he can prove her to be a Whore (e). One of Solon's Laws. See Book I. Chap. x.

The first Inftitution of Youth is to be in Swimming, and the Rudiments of Literature; as for thofe, whofe Abilities in the World are but mean, let them learn Husbandry, Manufactures, and Trades ; but they, who can afford a genteel Education, shall learn to play on mufical Inftruments, to ride, fhall ftudy Philofophy, learn to hunt, and be inftructed in the Gymnical Exercises. One of Solon's Laws.

Let him be (ar) infamous, who beats his Parents, or does not provide for them (f). One of Solon's Laws. See Book IV. Chap. xv.

If any Man, being found guilty of abufing his Parents, frequent prohibited Places, the Eleven fhall fetter him, and bring him to Trial at the Heliaan Court, where any one, who is impower'd thereto, may accufe him; if he's here caft, the Heliaan Judge fhall inflict upon him what Punishment they pleafe, and if they fine him, let him be clapp'd up in Gaol till he pays the whole (g). Another of Solon's Laws. See as before. No Baftards, or fuch as have been brought up to no Employ, fhall be obliged to keep their Parents (b). Another of Solon's Laws. See as before. If any one's Eftate, after his Decease, shall be called in Question, the Enjoyer of it is obliged to prove the Lawfulness of his Parents getting it, according to that golden Precept, Honour your Parents (i).

He, that is undutiful to his Parents, fhall be uncapable of bearing any Office, and farther be impeach'd before the Magiftrate (k). See Book IV. Chap. xv.

If, through the Infirmity of old Age, or Torture of a Disease, any Father be found craz'd and diftemper'd in his Mind, a Son may henceforth have an Action against him, wherein, if he be caft, he may keep him in Bonds.

E

Laws belonging to Sojourners.

VERY Sojourner is to choose his Patron out of the Citizens, who is to pay his Tribute to the Collectors,and take Care of all his other Concerns. See Book I. Chap. x. as alfo in the following Laws.

(c) Stobæus, Pollux, Plutarcbus Alcibiade, Ulpianus in Demofthenis Orat. de falfa Legat. (d) Demofthenis Orat. in Boeotum. (e) Plutarchus Solone. (f) Diogenes Laertius, fcbines in Timarchum. (g) Demofthenis. Orat. in Timocratem. (b) Plu tarchus Solone, (i) Demofthenes in Callippum. (k) Xenophon Aróμrnu. lib. I.

Let