It is reported that this Court was the first that fate upon Life and Death*; and in later Ages, a great many capital Caufes came under its Cognizance; before it were brought all Incendiaries, all fuch as deferted their Country, against whom they proceeded with no lefs Severity, than was us'd to thofe that were convicted of Treafon, both being punish'd with Death; fuch alfo as had laid wait for any Perfon's Life, whether their wicked Contrivances were fuccessful or not; for the very defigning to murder a Man was thought to deferve no less than capital Punishment; others are of Opinion, that fuch Causes were try'd at the Tribunal of the Palladium *. However that be, it is certain, that all Wounds given out of Malice, all wilful Murders, and particularly fuch as were effected by Poifon, came under the Cognizance of this Court. Some fay that there was no Appeal from the Areopagites to the People; but others, amongst whom is Meurfius, are of a contrary Opinion, and affure us, that not only their Determinations might be called in Question, and, if need was, retracted by an Affembly of the People, but that themselves too, if they exceeded the due Bounds of Moderation in inflicting Punishments, were liable to account for it to the Logifte. The fame Author tells us afterwards, that this Court had Power to cancel the Sentence of an Affembly, if the People had acquitted any Criminal that deferv'd Punishment, and to refcue out of their Hands fuch innocent Perfons, as were by Prejudice or Mif-information condemn'd by them. Perhaps in both thefe Opinions there is fomething of Truth, if you understand the former of the Areopagus in its primitive State; and the other, when its Power was retrench'd by Pericles.

Their Power in the Commonwealth was very great, for by Solon's Conftitution, the Inspection, and Cuftody of the Laws were commit. ted to them, the publick Fund was difpos'd of and manag'd according to their Difcretion, the Care of all young Men in the City belong'd to them, and it was their Business to appoint them Tutors and Governours, and fee that they were educated suitably to their feveral Qualities f. Nor did they only fuperintend the Youth, but their Power was extended to Perfons of all Ages and Sexes; fuch as liv'd diforderly, or were guilty of any Impiety, or Immorality, they punish'd according to the Merit of their Offences; and fuch as were eminent for a virtuous Courfe of Life, they had Power to reward. To this end, they went about with the Gynaeconomi to all publick Meetings, fuch as were Marriages, and folemn Sacrifices, which were ufually concluded with a Banquet, to fee that all Things were carried on with Decency and Sobriety . Idlenefs was a Crime that came more efpecially under their Cognizance, and (which feems to have been an Inftitution peculiar to Solon) they were oblig'd to enquire ftrictly after every Man's Course of Life, and to examine by what Means he maintain'd himself in the Sta

* Etymolog. V. Αρειος πάγος. wLycurgus in Leocratem. Y Demofthen. Ariftocrat. Pollux. lib. VIII. c. 10. aliique. Ariftogiton. a Demofthen. in Nearem. Æfibin, in Ctesiphont. Corona. e Plutarch, Solone. d Plutarch. Themiftoc e. in Antiocho.

* Ifocrates Areopagitia. Athenaus. lib. VI.

* Harpocrat. Suidas.
z Dinarchus Orat. in
b Demofthen. pro
Afhines Philofophus

tion he was in, that fo there might be no room for fuch as liv'd by unlawful Arts, by Cheating and Cozenage, or Theft or Rapine. Befide this, Matters of Religion, Blafphemy against the Gods, Contempt of the Holy Mysteries, and all forts of Impiety, the Confecration alfo of new Gods, Erection of Temples and Altars, and Introduction of new Ceremonies into Divine Worship, were refer'd to the Judgment of this Court; therefore Plato, having been inftructed in the Knowledge of one God in Egypt, was forc'd to diffemble or conceal his Opinion, for fear of being call'd to an Account for it by the Areopagites; and Saint Paul was arraign'd before them, as a fetter forth of strange Gods, when he preach'd unto them Jefus, and 'Avasaris, or the Refurrection. These were the chief Bufineffes that this Senate was employ'd about, for they feldom intermedled in the Management of publick Affairs, except in Cafes of great and imminent Danger, and in these the Commonwealth ufually had recourfe to them, as the last and safest Refuge 1.

They had three Meetings in the Areopagus every Month, upon the twenty feventh, twenty eighth, and twenty ninth Days ". But if any Bufinefs happen'd that requir'd Difpatch, it was ufual for them to affemble in the Barinn Eron, or Royal Portico, which they encompass'd with a Rope, to prevent the Multitude from thronging in upon them, as was ufual alfo in other Courts of Justice.

Two things are very remarkable in their Judgments; First, that they fate in the open Air, a Custom practis'd in all the Courts of Juftice, that had Cognizance of Murder; partly, because it was unlawful for the Accufers and Criminal in fuch Cafes to be under the fame Roof; and partly, that the Judges, whofe Perfons are esteem'd facred, might contract no Pollution from converfing with Men profane and unhallowed, for fuch they were accounted, that had been guilty of fo black and heinous a Crime P. Secondly, they heard and determin'd all Causes at Night, and in the Dark, to the end that having neither seen the Plaintiff, nor Defendant, they might lie under no Temptation of being byaffed, or influenced by either of them 9. And of what Confequence this was, may be learn'd from the Example of the Harlot Phryne, who being accus'd of Impiety for feigning herself to be Minerva, the Protectress of Athens, when Sentence was going to pafs againft her, fo chang'd the Minds of her Judges by uncovering her Breasts, that she was immediately acquitted *.

Actions about Murder were ufher'd into the Areopagus by the Barius, who was allow'd to fit as Judge amongst them, laying afide the Crown, which was one of the Ornaments of his Office.

The common Method they proceeded in, was this; the Court being met, and the People excluded, they divided themselves into feveral Committees, each of which had their Caufes affign'd to be heard and determin'd by them feverally, if the Multitude of Business was fo

great, that the whole Senate could not take Cognizance of them together. Both thefe Defignations were perform'd by Lots, to the end that every Man coming into the Court before it was determined what Causes would fall to his Share, none of them might lie under any Temptation of having his Honefty corrupted with Bribes.

Before the Tryal began, the Plaintiff and Defendant took folemn Oaths upon the Tefticles of a Goat, a Ram, and a Bull, by the Espai Isai, or Furies. The Plaintiff (in cafe of Murder) fwore that he was related to the deceased Perfon, (for none but near Relations, at the fartheft a Coufin, were permitted to profecute the Murderer) and that the Prifoner was the Caufe of his Death. The Prifoner fwore that he was innocent of the Crime laid to his Charge. Both of them confirm'd their Oaths with direful Imprecations, wifhing, that, if they fwore falfly, themselves, their Houses and their whole Families might be utterly deftroy'd and extirpated by the Divine Vengeance; which they look'd upon to be fo dreadful and certain, that the Law inflicted no Penalty upon thofe that at fuch a time were guilty of Perjury, remitting them, as it were, to be punish'd by an higher Tribunal.

Then the two Parties were plac'd upon two filver Stools; the Ac cufer was plac'd upon the Stool of "Yogs, or Injury; the Prifoner upon the Stool of Avadix, or Impudence, or, according to Adrian Junius's Correction, of 'Avaina, or Innocence; these were two Godd effes, to which Altars, and afterwards Temples, were erected in the Areopagus", The Accufer in this Place propos'd three Questions to the Prifoner, call'd by Efchylus, τρία παλαίσματα to each of which he was to give a diftinct Answer. The firft was, naTextovas; Are you guilty of this Murder? To which he made Anfwer, xrova, or ex exrova, Guilty, or Not Guilty? Secondly, "Oras xarxтovas; How did you commit this Murder Thirdly, Tív Brλsúμaoi xarixtovas; Who were your Partners and Accomplices in the Fact?

W

In the next Place, the two Parties impleaded each other, and the Prifoner was allow'd to make his Defence in two Orations, the first of which being ended, he was permitted to fecure himself by Flight, and go into voluntary Banifhment, if he fufpected the Goodness of his Caufe; which Privilege, if he made Ufe of, all his Eftate was confiscared, and expos'd to Sale by the war. In the Primitive Times both Parties fpoke for themselves, but in later Ages they were permitted to have Counsel to plead for them. But whoever it was that fpoke, he was to represent the bare and naked Truth, without any Preface or Epilogue, without any Ornament, Figures of Rhetorick, or other infinuating Means to win the Favour, or move the Affections of the Judges.

Both Parties being heard, if the Prifoner was refolv'd to ftand the Trial, they proceeded to give Sentence, which they did with the moft

f Lucian, Bis accufato.

Demofthen. Arißocrat. Dinarchus in Demofthen, Lyfias in Theomneftum, Pollux, 1. VIII. c. 10. "Paufanias, Cicero de Legib. 1. II. * Demofthen, in Ariftocrat. Pollux, 1. VIII.

"Eumenidibus.

Y Sextas Em

piricus adv. Mathemat. 1. II. 2 Ariftoteles Rhetoric, 1. I. Lucianus Anackar fide, Bemoen Quintilian, aliique innumeri. pio.

profound Gravity and Silence; hence "Agravity σinλóregC, and "Agio TAKTY GEYKVÓTELC came to be proverbial Sayings; tho' fome derive them from the Reservednefs, and fevere Gravity of their Manners; whence alfa Agoraying is ufually taken for a grave, majestick, rigid Person; and others, from the great Care they took to conceal the Tranfactions of the Senate, of which the Poet fpeaks,,

Ergo occulta teges, ut Curia Martis Athenis ".

The manner of giving Sentence was thus; there was plac'd in the Courts two Urns, one of which was of Brafs, and call'd poor, from the Place it ftood in; xúg, because the Votes caft into it, pronounc'd the Accufation valid; and Javáre, because they decreed the Death of the Prifoner. The fecond Urn was of Wood, being plac'd behind the former; into it they that acquitted the Prifoner, were to cafe their Suffrages; for which reafon it was call'd is, or i iTita, • anup, and diλés b. Afterwards the thirty Tyrants, having made themfelves Masters of the City, order'd them to give their Voices in a manner more publick and open, by cafting their Calculi upon two Tables, the former of which contain'd the Suffrages which acquitted, the latter thofe which condemn'd the Prifoner: To the end, that it might be known, which way every Man gave his Voice, and how he stood affected to their Interest and Proceedings.

Befide the Crimes that came peculiarly under their Cognizance, there were fometimes others brought before them, in which their Sentence was not final or decretory, for there lay an Appeal to the Court to which they properly belong'd, as Sigonius observes.

The Senators of Areopagus were never rewarded with Crowns for their Services, being not permitted to wear them; but receiv'd a fort of Maintenance from the Publick, which they call'd Kgins; and Meurfius has obfery'd out of Lucian, that they had the fame Pension that was allotted to fome other Judges, viz. three aboli for every Caufe they gave Judgment upon.

Their Authority was preferv'd entire, till the time of Pericles, who, because he could not be admitted amongst them, as never having born the Office of an Archon, employ'd all his Power and Cunning against them; and having gain'd a great Intereft with the Commonalty, fo embroil'd and routed their Senate by the Affittance of Ephialtes, that moft of the Caufes and Matters which had been formerly try'd there, were discharg'd from their Cognizance. From this time the Athenians, being, in a great Meafure, freed from the Restraint that had been laid upon them, began fenfibly to degenerate from their ancient Virtue, and in a fhort time let loose the Reins to all manner of Licentiousness; whence they are compar'd by Plutarch to a wild unruly Horse, that having flung his Rider, would be govern'd and kept in no longer. The fame Vices and Exceffes that were practis'd in the City, crept in by Degrees amongst the Areopagites themselves; and

therefore Demetrius, one of the Family of the Phalerean, being cenfur'd by them as a loofe Liver, told them plainly, that if they defign'd to make a Reformation in the City, they muft begin at Home, for that even amongst them there were feveral Perfons of as bad, and worse Lives, than himself, and (which was a more unpardonable Crime, than any that he had been guilty of) feveral, that debauch'd and corrupted other Mens Wives, and were themselves corrupted and seduc'd by Bribes *.

CHAP. XX.

Of fome other Courts of Justice.

OLON intending to make the Athenians a free People, and wifely

monalty from the Oppreffion of the Nobility, than to make them final Judges of Right and Wrong; enacted, that the nine Archons, who till that time had been the fupreme and laft Judges in moft Causes, fhould thence have little farther Power than to examine the Causes brought before them, which they were oblig'd to refer to the Determination of other Judges in the feveral Courts hereafter to be mention'd.

The Judges were chofen out of the Citizens without Distinction of Quality, the very meaneft being by Solon admitted to give their Voices in the popular Affembly, and to determine Caufes, provided they were arriv'd at the Age of thirty Years, and had never been convicted of any notorious Crime.

The Courts of Juftice were ten befide that in Areopagus. Four had Cognizance ἐπὶ τῶν φονικῶν πραγμάτων, of Altions concerning Blood : The remaining fix i tan diftixar, of Civil Matters. These ten Courts were all painted with Colours, from which Names were given them; whence we read of Baraxy, Doxy, and others. And on each of them was engraven one of the ten following Letters, A, B, г, ▲, E, Z, H,,,K: Whence they are likewife call'd Alpha, Beta, &c. Such therefore of the Athenians, as were at Leifure to hear and determine Caufes, deliver'd in their Names, together with the Names of their Father and Borough infcrib'd upon a Tablet to the Thefmotheta: who return'd it to them with another Tablet, whereon was infcrib'd the Letter of one of the Courts, as the Lots had directed. Thefe Tablets they carry'd to the Cryer of the feveral Courts, fignify'd by the Letters, who thereupon gave to every Man a Tablet infcrib'd with his own Name, and the Name of the Court, which fell to his Lot, and a Staff or Scepter. Having receiv'd thefe, they were all admitted to fit in the Court. If any Perfon fate among the Judges, who had not obtain'd one of the aforemention'd Letters, he was fined. It may not be improper to mention in this Place, that oxarpov, the Scepter, pr Staff, was always the Enfign of Judicial and Sovereign Power: