more Kindness than thofe Creatures, which are without Reason, and have no Power to reflect on their own Condition, nor be fenfible of the Miferies they lie under.

T

CHA P. XI.

Of the Athenian Magiftrates.

n

HE Magiftrates of Athens are divided by fchines into three Sorts; the Ground of which Diftinction is taken from the different Methods of their Election and Promotion.

1. Xelgerentol, were fuch as receiv'd their Dignity from the People, met together in lawful Affembly, which on this Occafion was held in the Pyx; and were fo call'd from the manner of their Election, in which the People gave their Votes, by holding up their Hands.

2. Kangaro, were thofe that ow'd their Promotion to Lots, which were drawn by the Thesmotheta, in Thefeus's Temple. But it must be obferv'd, that no Perfon was permitted to try his Fortune by the Lots, unless he had been firft approv'd by the People; who likewife referv'd to themselves a Power to appoint whom they pleas'd, without referring the Decifion to Lots; and thus Ariftides was nominated to the Office of Archon. The manner of cafting Lots was thus; the Name of every Candidate infcrib'd upon a Table of Brafs, being put into an Urn, together with Beans, the Choice fell upon thofe Perfons, whose Tablets were drawn out with white Beans. If any Man threw more than one Tablet into the Urn, he suffer'd capital Punishment .

3. Aigrol, were extraordinary Officers, appointed by particular Tribes, or Boroughs, to take Care of any Business, fuch were the Surveyors of the publick Works, and fuch like.

According to Solon's Conftitutions, no Man was capable of being a Magiftrate, except he was poffefs'd of a confiderable Eftate; but by Ariftides's Means, the poorer Sort were admitted to a Share in the Government, and every free Denizon rendred capable of appearing for the highest Preferments. Yet fuch was the Modefty of the Commons, that they left the chief Offices, and fuch as the Care of the Commonwealth depended upon, to Perfons of fuperior Quality, afpiring no higher than the Management of petty and trivial Bufineffes. Yet they feem to have been afterwards made uncapable of bearing Offices. Plutarch, in the Life of Phocion, mentions fome who were αποψηφισθέντες το πολιτεύματο Die Tny weviar, incapable of the Government by reafon of their Poverty. Neither is it improbable, that as different Factions and Interefts became prevalent, fometimes the Nobility admitted the Commons to a Participation of Employments and Offices, and fometimes again excluded them.

But tho no Man's Quality or Condition, could exempt him from bearing publick Offices, yet his Courfe of Life and Behaviour might

Orat. in Ctesiphont. Ulpian in Androtiana, • Demofthenes Orat. in Baotum de Nomine. P Xenophon de Rep. Ab

for

for if any Man had liv'd a vitious and fcandalous Life, he was thought unworthy of the meaneft Office; it being improbable that a Perfon, that could not behave himself so as to gain Reputation in a private Capacity, fhould be able to demean himself prudently and wifely in a publick Station; or that he, who had neglected his own Concerns, or fail'd in the Management of them, fhould be capable of undertaking publick Bufinefs, and providing for the Commonwealth. And therefore before any Man was admitted to a publick Employment, he was oblig'd to give an Account of himself, and his past Life, before certain Judges in the Forum, which was the Place appointed for his Examination, which they call'd Aoxaría 9. Nor was this alone thought fufficient, for tho' at this time they paft the Trial with Credit, yet in the first Ordinary (xupia) Affembly after their Election, they were a fecond time brought to the Teft, when, if any thing fcandalous was made out against them, they were depriv'd of their Honours'. And of the Magiftrates appointed by Lots, whoever had the Misfortune to be depriv'd after his Election, was prohibited from coming to the publick Affembly, and making Orations to the People. But it was a capital Crime for any Man to enter upon the Magiftracy, whilst unable to pay his Debts. And Actions of this Nature were heard by the Thefmotheta'. And when their Offices expir'd, they were oblig'd to give an Account of their Management to the Notaries (papass) and the Legifle, which was call'd Edu, and if any Man neglected to do it, or had not undergone the former Probation, the People were forbidden by an exprefs Law, to prefent him with a Crown, which was the usual Reward of fuch as had gain'd themselves Honour and Reputation, by the careful and wife Management of publick Employments. Alfo till their Accounts were pafs'd, they were not permitted to fue " for any other Office, or Place of Truft, or to travel into any foreign Country, or to difpofe of their Eftates, or any Part of them, whether by Will, or confecrating them to pious Ufes, or any other way; but the whole was to remain entire, that in Cafe they fhould be found to have embezzel'd the publick Revenues, the City might not lose by 'em. The (Ayisal) Logifte, who examin'd the Accounts, were ten. If any Magiftrate neglected to give in his Accounts, they prefer'd against him an Action, which was term'd aλoris dien "." If any Controverfy happen'd, it was determin'd by proper Judges. If it was concerning Money, the Logifte themfelves were empower'd to decide it. If it concern'd Affairs which belong'd to the popular Affembly, they refer'd thither. If it was about Injuries committed, it was brought before the Judges, who us'd to have Cognizance of fuch Caufes Every Man was permitted to offer his Complaint, Proclamation being ufually made by the publick Crier in this Form, T, Bais naтayofein; Who will accufe? The time limited for Complaints was thirty Days, which being paft, no Magiftrate could

f

Lyfe Orat. in Evandr. Afhines contra Timarchum. Demofthen, in Theocr. Demofthenes in Arifterit. Demofthenes Leptinea, & I'mecratea. "Suidas, Hefychius, fchin. Orat. de Ement. Legat. Efthin, in Ctesiphont. w Hefychius. x ULplants in Demofthenis Orat. de falfa legat. Pollux. ybines Orat. adv. Ctesiphontem.

have any farther Trouble. If any Perfon, against whom a Complaint was prefer'd, refus'd to appear at the time appointed, he was fummon'd to defend himself before the Senate of five hundred; where if he did not make his Appearance, he was punish'd with arquía, Infamy.

This was the Method of examining into the Behaviour of Magiftrates after the Expiration of their Offices. Neither were they exempted from being brought to Trial during their Magiftracy; it being the Custom for the nine Archons in every ordinary and stated (xvpía) Affembly of the People, to propound this Queftion, Whether the Magiftrates were faithful in the Discharge of their feveral Duties? If upon that any of them was accus'd, the Crier made Proclamation, that fuch as thought the Accufation juft, fhould lift up their Hands; which Action was terin'd xaraxsporovia. This being over, the rest of the Affembly, to whom the Magiftrate appear'd innocent, held up their Hands, which was roxorovia. Then the Voices being number'd on both sides,__the Majority carry'd it.

was

The Day in which the Magiftrates entred upon their Offices, the first of Hecatombaon, the first Month in the Athenian Calendar; it was a folemn Festival, which from the Occafion had the Name of Eirnice, and was celebrated with all the Expreffions of Mirth and Joy, usual on fuch Occafions. Alfo Sacrifices were offer'd to the Gods by the Senators, and most of the other Magiftrates; and Prayers made for the Prosperity of the City, in the Chapel of Jupiter and Minerva the Counsellors .

T

CHA P. XII.

Of the nine Archons, &c.

HE chief Magistrates of Athens were nine in Number, and had all the common Name of Archontes, or Rulers. They were elected by Lots, but were not admitted to their Offices, till they had undergone a two-fold Trial, one in the Senate-house, call'd Avάxpires, and a second in the Forum call'd, Aoxicía. The Queftions which the Senate propos'd to them, were fuch as thefe, Whether they were defcended from Ancestors, that had been Citizens of Athens for three Generations? Of what Tribe and Hundred they were, and whether they bore any Relation to Apollo Patrius, and Jupiter Herceus? Whether they had been dutiful to their Parents, had ferv'd in the Wars, and had a competent Eftate? Laftly, whether they were λs, perfect in all the Members of their Bodies? It being otherwise unlawful for them to be Archons. And, as fome are of Opinion, the fame Queftions were demanded of all other Magiftrates ". We must not omit in this Place, that by the foremention'd Queftion concerning their Relation to Apollo Patrius and Jupiter Herceus, was enquir'd,

Suidas, cujus elegans eft hac de re locus. Suidas, Ulpian. in Median. Antiphon. Orat. de Chorenta. b Demofth. in Exbulid. Pollux Onom. 1. VIII. c. 9. archus contra Ariftogit.

• Dicawhether

whether they were freeborn Citizens of Athens (they alone being permitted to execute the Office of Archon) for all the Athenians claim'd a fort of Relation to these Gods. Hence we are told by the Scholiaft on Aristophanes, that the Archons honour'd Apollo Patrius as their Progenitor when they were admitted into their Ofice ; ἐκ γὰρ τῇ μὴ εἰδέναι, ξένες αυτὸς Cooper, because fuch as had no Acquaintance with him, were reputed Foreigners. Whence that faying of Aristophanes,

τὸ γὰρ εἰσὶ βάρβαροι,

Οθεν ὁ παρῷος ἐσιν.

For they are not Barbarians who live with Apollo Patrius. But afterwards when the Athenian Glory was in the Declenfion, not only Men of the half Blood of Athens, but even Foreigners, who had been admitted into the City, were made Archons. Examples whereof are Hadrian, before he was advanc'd to be Emperor of Rome; and Plutarch, who relates, that himself was honour'd with the Freedom of Athens, made a Member of the Tribe Leontis, and afterwards bore the Office of Archon.

But what was more peculiar to these Magiftrates, was the Oath required of them before their Admiffion, in the Portico call'd Bariuos sex, or whos rã xíew, at the Stone Tribunal in the Forum, to this Effect; that they would obferve the Laws, and adminifter Juftice without Partiality, would never be corrupted by Bribes, or if they were, would dedicate a Statue of Gold of equal Weight with their own Bodies, to the Delphian Apollo; from thence they went into the Citadel, and there repeated the fame Oath. This Custom was inftituted by Solon, as we are inform'd by Plutarch in his Life of that Law-giver. He mentions only the Thefmotheta, but that the other Archons took the fame Oath, is evident from Plato, by whom Phadrus is introduc'd, promifing to dedicate at Delphi a golden Statue equal to himself in Weight, rig of civia AçXoves, after the manner of the nine Archons.

This done, they undertook their Charge, fome Parts of which were to be executed by them separately, according to their respective Offices, others equally concern'd them all. They had all the Power of punishing Mal factors with Death, were all crown'd with Garlands of Myrtle; they had a joint Commiffion for appointing the Aasai and Atholera by Lots, electing out of every Tribe one; as alio of conftituting the Ιππαρχοι, Φύλαρχοι and Στρατη[οί, of enquiring into the Behaviour and Management of other Magiftrates, and depofing fuch as were by the Suffrages of the People declar'd to be unworthy of bearing any Office, which had been committed to them". And as a Recompence of their Services, they were free from all Taxes and Contributions exacted of other Citizens for the Building of Ships of War, which was an Immunity never granted to any befides themselves. If any Perfon had the Infolence to strike, or publickly affront any of

d Nabibus. Avibus, p. 596. Edit. Amftelod. f Xiphilinus Hadriano, Phlegon 8 Sympofiac. Lib. I. Problem. X. & Lib. X. Probl. ultimo.

Trallianus.

ibid. Idem ubique laudatur in his capitibus.

h Pollux

the

the Archons, adorn'd with their Crowns, or any other to whom the Citizens had given a Crown, or other Honour or Immunity, he was to be punish'd with Infamy (aria) as guilty of a Difrefpect not only to the Perfon whom he had injur'd, but to the whole Commonwealth'.

And thus much of the nine Archons in common, I shall now speak of them feverally; only firft begging leave to tell you, that concerning the first Original of their Names nothing certain is recorded; but Sigonius conjectures, that the Name of Barths, and Apxwv, were in Imitation of the chief Magiftrates of former Ages, wherein the City was first govern'd by Kings, and then by Archons; and that of Пodiapxos, in Memory of the General of the Army, an Officer ufually created by the first Kings to aflift them in times of War. And the role, as their Name imports, feems to have been conftituted in behalf of the People, to protect them in the Poffeffion of their Laws and Liberties, from the Ufurpation of the other Archons, whofe Power before Solon's Regulation of the Commonwealth feems to have been far greater, and more unbounded, than afterwards; for by that Law-giver it was order'd, that their Offices fhould chiefly confift in these Things which follow.

Apxar, fo call'd by way of Eminence, was chief of the nine, and is fometimes nam'd Exáros, because the Year took its Denomination from him. His Jurifdiction reach'd both Ecclefiaftical, and Civil Affairs. It was his Bufinefs to determine all Causes betwixt Men and their Wives; concerning Wives brought to Bed after the Death of their Husbands; concerning Wills and Testaments, concerning Dowries and Legacies; to take care of Orphans, and provide Tutors and Guardians for them; to hear the Complaints of fuch as had been injur'd by their Neighbours; and to punish fuch as were addicted to Drunkennefs; alfo to take the first Cognizance of fome publick Actions, fuch as thofe call'd Εισαγγελίαι, Φάσεις, Ενδείξεις, Εφηγήσεις, of which in their Place. kept a Court of Judicature in the Odeum, where Trials about Victuals, and other Neceffaries, were brought before him. It was his Duty alfo to appoint Curators, call'd Exeral, to make Provifion for the Celebration of the Feafts, call'd Arovúcia, and Oxgyýλa, with fome other Solemnities; to take Care for the Regulation of Stage-plays, and to provide Singers, Chorifters, and other Neceflaries for them He was to be punifl'd with Death, if convicted of being overcome with Drink during the time of his Office.

k.

He

Barive, had a Court of Judicature in the Royal Portico, where he decided all Difputes which happen'd amongst the Priests, and the facred Families, fuch as were the Ceryces, Eteobutada, &c. to whom certain Offices in the Celebration of Divine Worship belong'd by Inheritance. Such alfo as were accus'd of Impiety, or Prophanation of any of the Myfteries, Temples, or other facred things, were brought before him. It was his Bufinefs to affift in the Celebration of the Eleufinian, and Lenean Festivals, and all thofe, in which they ran Races with Torches in their Hands, viz. Panathenan, Hephaftia, and Promethea; and to offer publick Sacrifices for the Safety and Profperity of the Common

Demofthenes in Midiana. k Pollux Onomaftic. Lyfias in Alcibiadem. Demofthen, in Macar. Suidas, Harpocrat. & ubique in his capitibus.

wealth.