if the Perfon produc'd, confefs he is more wealthy than the other, he Place nies it, let them change Eftates. See as before, and in the following, His Floufe fhall be feal'd up, who fhall offer himself in the Exchange. They who do quit their own Eftates for thofe of their Neighbours, fhall be oblig'd by Oath to difcover them in this Form. I'll fairly and honeftly make known the Eftimate of all my Poffeffions, except fuch as confist in those Silver Mines, which the Laws exact no Duties from. Three Days fhall be allow'd for thofe, who are to make Exchange of their Eftates, to produce them. 1 No one fhall be compell'd to exhibit his Estate, which lies in Mines. Laws about the Refufal of Offices. O Man fhall be oblig'd to two Offices at the fame time? No Man, except the Archons, fhall be excus'd from the Trie Tarchhip See Book I. Chap. xiv. No one fhall be exempted from contributing to the Affeffment for the levying of Soldiers w ** Laws concerning, Honours to be conferr'd on those who have deferv'd well of the Commonwealth. N O Perfon fhall be entertain'd in the Prytaneum oftner than once *. is He, who fhall be invited, and refufe to come, fhall be find Y. They, who are entertain'd in the Prytaneum, fhall havë Maza, and of Feftivals, Bread. See as before, and in the following Laws." All Crowns, if presented by the People, fhall be given in the popular Affembly; if by the Senators, in the Senate, and in no other Place fhall they prefents, of quittien av None, except the whole Body of the Senate, and pópular Affembly, with particular Tribes, or Boroughs, thall be privileg'd to confer Crowns No Tribe or Borough may prefume on the Authority of beftowing Crowns in the Theatre upon any of their own Members: If they do, the Crier that proclaims them fhall be (ar) infamous. No Citizen hall have a (exes sida) hofpital Crown given him in the Theatre without the People's Confent; when given, it shall be confecrated to Minerva. Every one who is honour'd with an hospital Crown, shall bring Certificates of a regular and fober Lifes Demofthenes in Leptin. & in Phanip. & in fequentibus. Demofthenes pro Polycle Idem in Leptin Ibidem ibique Ulpianus. * Plutarchus Solone. y Ibid. 175 No No one of the wealthy Citizens, except he be of the Kindred of Har modius and Ariftogiton, or an Archon, fhall claim Immunity from ferving in publick Offices; from this time hereafter, the People fhall gratify no one with fuch an Exemption; but he, who fupplicates for it, fhall be (ru) infamous, together with all his House and Family, and fhall be liable to the Action of rap and Edge, by which, if convicted, he thall fuffer the fame Fate with thofe, who, tho' indebted to the Publick, officiate as Judges. This Law was enacted by Leptines in the firf Year of the CVIth Olympiad, and abrogated in the Year following at the Inftance of Demofthenes. Honours conferr'd by the People fhall ftand good; but with this Provifo, that, if the Perfons fo dignified, prove after Examination to be unworthy of them, they fhall be void t. N Laws relating to the Gymnafia. I after O School shall be open'd before Sun-rifing, or kept open a Sun-fet. None, except the School Mafter's Sons, and Nephews, and Daughters Husbands fhall be permitted Entrance into School, if beyond the cuftomary Age for fending Youth thither, whilst the Lads are in it to the Breach of this Law the Penalty of death is annex'd. No School-mafter fhall give any adult Perfon leave to go to Mercury's Feftival; if he tranfgrefs herein, and do not thruft him out of the School, the Mafter shall fuffer according to the Law enacted against the Corfupters of freeborn Children. kohet Cr Let all Choragi, elected by the People, be above forty Years of Age. All thefe Laws were defign'd as a Guard to the Boys Chastity. See Book II. Chap. xx. in Egpania. No Slave fhall presume to anoint, or perform Exercises in the Palaftra, See Book I. Chap. x... Laws relating to Physicians and Philofophers. O Slave, or Woman fhall study, or practife Phyfick. See conters Ning this and the next Law, Book IV. Chap. xiv All freeborn Women have Liberty to learn and practise Phyfick. Let no one teach Philofophy This Law was made when the thirty Ty rants had the Dominion of Athens, and abrogated upon their Expulfion. No one is to keep a Philofophy School, unless by the Senate and People's Approbation; he that doth otherwife, fhall be put to Death This was enacted by Sophocles the Son of Amphiclides the Sunian, about the third Year of the CXVIIIth Olympiad, but in a fhort time abrogated, and a Fine of five Talents was impos'd upon Sophocles, at the Inftance of Philo. Demofthenes in Lepsin. » +Ibid. & Iftius Orat. Argument in Timarchum, . Ibidem. lib. I. Diogenes Laertins Theophraftes A Laws concerning Judges. FTER a Magiftrate's Determination, Appeal may be made to the Courts of Juftice. One of Solon's Laws. See Book I. Chap. xx. They, who are degraded from the Senate, may fit as Judges in the Courts. Another of Solon's Laws See as before. All the Athenians fhall be capable of being appointed by Lots to judge in the feveral Courts of Juftice. Another of Solon's Laws. before. See as The Proteftation of the Heliaftae I omit, as before treated of. Book I. Chap. xxi. L Of Laws relating to Law-Suits. ET the Bayliff, or Person that arrefts be registred ". See Book L Whofoever doth not appear on the Day appointed for the Trial of his Caufe, fhall fuffer for his Remifness by an Action call'd Aixn igen, and be fin'd a thousand Drachms; but if a juft Excufe be brought for his staying away, his Punishment fhall be redrefs'd by another Action call'd My soa, or the annulling of the former d. See Book I. Chap. xxi. Laws refpecting Preparatories to Judgments. Tthey fall answer before, and in the following Laws. HE Archons fhall propofe Questions to both Parties, to which The Plaintiff fhall promise upon Oath, that he will profecute the Action, if he has his Evidences and all things in Order; but if not, he shall demand time for providing and preparing them f. The Archons fhall fummon the contefting Parties to make their Ap pearance, and introduce them in the Court 8. I' Let the Judges be elected by Lots h. No Judge fhall give Sentence the fame Day in two different Courts. A Form of the Oath taken by Judges after Election. LL fhew Equity in all Caufes, and my Judgment fhall be agreeable to the Laws, in thofe things which are determin'd by them; in the reft my Sentence fhall, as near as may be, agree with Juftice *. Plutum. f h Idem Orat. J. in a Plutarchus Solone. b Demofthenis Orat. I. in Ariftogit. Arftiophanis Scholiaftes in Laws E Laws. Laws referring to Judgments. VERY Judge fhall put down the Heads of thofe Suits, he is to His Caufe fhall be overthrown, who runs away for fear m. The Crier fhall pronounce Verdict against the Party, into whose Urn the greater Number of Pebbles bor'd with Holes are caft; and on his fide, to whom the whole ones belong P. When on both Sides there fhall be an equal Share of Votes, the Prifoner fhall be acquitted. Let there be a Number of Urns, or Vote-boxes, equal to the Number of thofe, who hold the Contest '. The Judges fhall propofe fuch and fuch Penalties, the Defendant alfo fhall offer to their Confideration fuch a Punishment, as himself shall think reasonable; after which, the whole Matter shall be committed to the Judges determination. 1 The Court fhall not fit after Sun-fet *. If any one hath brib'd the Heliaan Court, or any other Court of Judicature among the Athenians, or hath call'd a Senate, or enter'd into Confpiracy, in Order to overturn the popular Government, if any Lawyer hath been greas'd in the Fift, to carry on any publick or private Caufe, he fhall be liable to be indicted before the Thefmotheta by the Action call'd papú ". u All private Bargains, that are ftruck up between Parties before Witneffes, fhall ftand good in Law w. Don't make any Covenant, or Bargain contrary to the Laws *. There fhall be no after-wranglings rais'd concerning those things, which have been once agreed ". Any Man fhall be permitted to non-fuit his Adverfary, if the Action laid against him be not enter'd z. They who receive Damages, may profecute within five Years 2. There may be Actions enter'd about Contracts made out of Attica, or Wares exported out of it to any other Place . P Laws concerning Arbitrators. EOPLE, that have any Law-fuit about private Matters may choose any Arbitrator, but fo, as to stand to his definitive Sentence whatsoever it is c. * Hefychius v. Διὰ παντὸς κριτής. m Demofth. in Olympiodorum. Apologia. Terentius Phorm. A& I. Sc. III. a Euripides Electra v. 1265.. mocrat. Cicero lib. I. de Oratore. Steph. de fal. teft. Demofthenes in Macart. w Idem in Phanip. y Demofthenes in Pantanetum. ? Idem pro Phormione. n Plato Socratis PÆfchines in Timarchum. " Demofthenes Orat. I. in x Ariftoteles Rhet. lib. I. cap. 25. 2 Demosthenes Orat. I. in Stephanum de falf. Teft. Ibidem. • Demofthenes Mediana. Such Arbitrators are to fwear before. Verdict given “. The Arbitrators are to wait for the Plaintiff's Appearance till Sun-set, and then, in Cafe he don't appear, shall inflict fuch a Penalty, as shall be convenient". It's lawful to make Appeal from Arbitrators chofen by Lots, to other Courts of Juftice f. See Book I. Chap. xxii. A Law about Oaths. ATHS fhall be attefted by three Gods, Ixir, or the Suppli cant's Prefident, Kadapa, the Purifier, Elanes, the "Difpeller of Danger, or Evil. See Book II. Chap. vi. TH HEIR Evidence fhall not be taken, who are Arab. No Slaves fhall appear as Evidences i. See Book I. Chap. x. No one fhall be Evidence for himself, either in judicial Actions, or in rendring up Accounts *. See Book I. Chap. xxi. and in some of the following Laws. Both Plaintiff and Defendant are oblig'd to answer each other's Queftions, but their Answers fhall not pafs for Evidence *. There fhall be no Constraint for Friends and Acquaintance, if contrary to their Wills, to bear Witness one against another *. Let the Penalty of the Action call'd daprepix be in Force against thofe, who bear, or fuborn false Witnesses -Evidence fhall be declared in Writing Witneffes, being once fworn, fhall by no Means draw back from what they are to atteft. See as before, and in the following. Eye Witneffes fhall write down what they know, and read it P. His Evidence fhall fuffice, that can give his άxon, or what he heard from a Person deceas'd; or ixpapropia, i. e. an Atteftation receiv'd from one gone to travel, fuppofing the Traveller hath no poffibility of returning 4. That Witnefs, who declines his Evidence, fhall be fin'da Drachm1. One cited for a Witness fhall either give in his Evidence, swear he knows nothing of it, or incur a Mulet of a thousand Drachms to be paid to the publick Exchequer. Let contefting Parties, if they will, make Ufe of the dapeaprofíx". See as before. Falfe Witneles fall be profecuted with the Altion call'd Δίκη ψευδομαςTupy. He that fuborn'd them with Aixŋ nanorexy". See Book I. Chap. xxiv. d Idem in Callippum. lib. VIII. cap. 12. Hefychius v. Tpaïs Jeol. Phorm. A&t. I. Sc. 11. Orat. I. theum. e Ulpianus in Medianam. t Lucianus Abdicato. & Polinx i Terentius * ibidem in Time Idem P Demofthenes in Stephan. Orat. II. q Ibidem. Idem 1Ibidem, Suidas, Harpocration. t Demofthenes in Leocharem. in Energum & Mucfibalum. |