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our; but this change of manners, in whatever time it might arrive, does not at all affect the probity of the ancient Cretans, nor the glory of Minos their king.

*The most certain proof of that legislator's wisdom, as Plato observes, is the solid and lasting happiness, which was the effect of the sole imitation of his laws by Sparta. Lycurgus had regulated the government of that city upon the plan and idea of that of Crete, and it subsisted in an uniform manner for many ages, without experiencing the vicissitudes and revolutions so common in all the other states of Greece.

ARTICLE II.

OF THE GOVERNMENT OF ATHENS.

THE government of Athens was neither so permanent nor so uniform as that of Sparta, but suffered various alterations, according to the diversity of times and conjunctures. Athens, after having long been governed by kings, and afterwards by archons, assumed entire liberty, which gave place however for some years to the tyrannic power of the Pisistratides, but was soon after re-established, and subsisted with splendour till the defeat in Sicily, and the taking of the city by the Lacedæmonians. These subjected them to the thirty tyrants, whose authority was not of long duration, and gave place again to liberty, which continued amidst various events during a long series of years, till the Roman power had subdued Greece, and reduced it into a province.

I shall consider in this place only the popular government, and shall examine in particular five or six heads: the foundation of the government, according to Solon's establishment, the different parts of which the republic consisted, the council or senate of the five hundred, the assemblies of the people, the different tribunals for the administration of justice, the revenues or finances of the republic. I shall be obliged to be more extensive upon what regards the government of Athens than I have been upon that of Sparta, because the latter is almost sufficiently known, from what has been said of it in the life of Lycurgus.f

SECTION I.

FOUNDATION OF THE GOVERNMENT OF ATHENS.

SOLON was not the first who established the popular government at Athens. Theseus long before him had traced out the plan, and began the execution of it. After having united the twelve towns into one city, he divided the inhabitants into three bodies; that of the nobility, to whom the superintendence in religious affairs and all offices were confided; the labourers, or husbandmen; and the artisans. He had proposed the establishment of a kind of equality between the three orders for if the nobles were considerable by their honours and dignities, the husbandmen had the advantage of their utility to the public, and the necessity there was for their labours; and the artisans had the superiority to both the other bodies, in their number. Athens, to speak properly, did not become a popular state, till the establishment of the nine archons, whose authority continued only for one year, whereas before it was for ten; and it was not till ma

*Plat. p. 320.

Plut. in Thes. p. 10, 11,

Book v. art. vii.

ny years after, that Solon, by the wisdom of his laws, instituted and confirmed this form of government.

*Solon's great principle was to establish as much as possible a kind of equality among his citizens, which he regarded with reason as the foundation and essential point of liberty. He resolved therefore to leave the public employments in the hands of the rich, as they had been till then, but to give the poor also some share in the government, from which they were excluded. For this reason he made an estimation of what each individual was worth. Those who were found to have an annual revenue of 500 measures, as well in grain as liquid things, were placed in the first class, and called the pentacosiomedimni, that is, those who had a revenue of 500 measures. The second class was composed of such as had 300, and could maintain a horse for war; these were called horsemen or knights. Those who had only 200, were in the third class, and were called † zugitæ. Out of these three classes only the magistrates and commanders were chosen. All the other citizens, who were below these three classes, and had less revenues, were comprised under the name of theti, hirelings, or workmen labouring with their hands. Solon did not permit them to hold any office, and granted them only the right of giving their suffrages in the assemblies and trials of the people, which at first seemed a very slight privilege, but at length was found to be a very great advantage, as will appear in the sequel. I do not know whether Solon foresaw it, but he used to say, that the people were never more obedient and submissive than when they possessed neither too much nor too little liberty: ‡ which comes very near Galba's expression, when, to incline Piso to treat the Roman people with goodness and lenity, he desires him to remember that he was going to command men who were incapable of bearing either entire liberty, or absolute subjection.

The people of Athens, being become more haughty after their victories over the Persians, pretended to have a right to share in all the public offices and the magistracy; and Aristides, to prevent the disorders which too tenacious an opposition might have occasioned, thought proper to give way to them in this point. ** It appears, however, from a passage in Xenophon, that the people contented themselves with the offices from whence some profit arose, and left those which related more particularly to the government of the state in the hands of the rich.

The citizens of the three first classes paid every year a certain sum of money, to be laid up in the public treasury; the first a ‡‡ talent, the knights half a talent, and the zugitæ ten minæ.|||

If Plutarch may be believed, Solon formed two councils, which were a kind of double limitation to fix and temper the assemblies of the people. The first was the Areopagus; but it was much more ancient than his institutions, and he only reformed it, and gave it new lustre by augmenting its power. The second was the council of the four hundred, that

*Plut. in. Solon. p. 37.

+ It is believed they were so called from their being ranked between the knights and the theti; as in the galleys those who rowed in the middle were termed zugita; their place was between the thalamita and thranitæ.

+ Plut. in Solon, p. 110.

Tacit. hist. I. x. c. 16.

Imperaturus es hominibus, qui nec totam servitutem pati possunt, nec to

tam libertatem.

¶ Plut. in Aristid. p. $32.

tt Pollux. 1. viii. c. 10.

500 livres.

**Xenoph. de rep. Athen. p. 691.
tt 1000 French crowns.

In Solon. p. 88.

is, an hundred of each tribe; for Cecrops, the first king of the Athenians, had divided the people into four tribes. Clisthenes long after him changed that order, and established ten. It was in this council of the four hundred, all affairs were considered before they were proposed to the assembly of the people, as we shall soon explain.

I do not mention here another division of the people into three parties or factions, which, till the time of Pisistratus, was a continual source of troubles and seditions. One of these three parties was formed out of those who inhabited the high lands, and favoured popular government; the other out of those who lived in the plains, and they were for oligarchy; and the third out of the people upon the coast, and these held the mean between both.

It is necessary, for the better understanding what we have now said, to enter into a more particular account of the Athenian people.

SECTION II.

OF THE INHABITANTS OF ATHENS.

THERE were three sorts of inhabitants of Athens:* citizens, strangers, and servants. In the account taken by Demetrius Phalereus in the 116th Olympiad, their number amounted to 21,000 citizens, 10,000 strangers and 40,000 servants. The number of citizens was almost the same in the time of Cecrops, and less under Pericles.

1. OF THE CITIZENS.

A citizen could only be such by birth or adoption. To be a natural denizen of Athens, it was necessary to be born of a father and mother both free, and Athenians. We have seen that Pericles restored this law to all its force, which had not been exactly observed, and which he himself some small time after infringed. The people could confer the freedom of the city upon strangers; and those whom they had so adopted enjoyed almost the same rights and privileges as the natural citizens. The quality of citizen of Athens was sometimes granted in honour and gratitude to those who had rendered great services to the state; as to Hippocrates; and even kings have sometimes canvassed that title for themselves and their chil dren. Evagoras, king of Cyprus, thought it much to his honour.

When the young men attained the age of 20, they were inrolled upon the list of citizens, after having taken an oath; and it was only in virtue of that public and solemn act that they became members of the state. The form of this oath is exceedingly remarkable, which Stobæus and Pollux have preserved in the following words: "I will never dishonour the profes"sion of arms, nor save my life by a shameful flight. I will fight to my "last breath for the religion and civil interests of the state, in concert "with the other citizens, and alone, if occasion be. I will not bring my "country into a worse condition than I found it; but will use my utmost "endeavours to make it more happy and flourishing. I will always sub"mit myself to the laws and magistrates, and to all that shall be ordained by the common consent of the people. If any one shall violate, or make "void the laws, I will not disguise or conceal such an attempt, but will oppose it either alone or in conjunction with my fellow citizens, and I

* A. M. 3690. Ant. J. C. 314. Athen, 1. vi. p. 272. The text says, mugiadas regcagaxovta, 400,000, which is a manifest error. t Book v. art. viii. Pollux. 1. viii. c. 9.

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"will constantly adhere to the religion of my forefathers. To all which "I call to witness Agraulis, Enylaus, Mars, and Jupiter." I leave the reader to his own reflections upon this august ceremony, well adapted to inspire the love of their country into the hearts of the young citizens. The whole people at first had been divided into four tribes, and afterwards into ten. Each tribe was subdivided into several parts, which were called Anu, pagi. It was by these two titles the citizens were described in the public acts. Melitus, e tribu Cecropide e pago Pithensi.

II. OF THE STRANGERS.

I call those by that name, who, being of a foreign country, came to settle at Athens, or in Attica, whether for the sake of commerce, or the exercising any trade. They were termed Metoixol, inquilini. They had no share in the government, nor votes in the assembly of the people, and could not be admitted into any office. They put themselves under the protection of some citizen, as we find from a passage in * Terence, and upon that account were obliged to render him certain duties and services, as the clients did at Rome to their patrons. They were held to observe all the laws of the republic, and to conform entirely to all its customs. They paid a yearly tribute to the state of 12 † drachms, and in default of payment were made slaves, and exposed to sale. Xenocrates, the celebrated, but poor philosopher, was very near experiencing this misfort tune, and was carried to prison; but Lycurgus the orator, having paid the tax, released him from the farmers of the public revenues; a kind of men who in all times have been very little sensible to merit, with the exception of an exceeding few of their number. That philosopher, meeting some time after the sons of his deliverer, told them, "I pay your father the favour he has done me with usury, for the world praises him upon my ac"count."

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III. OF THE SERVANTS.

There were two kinds of them. The one, who were free, and not able to get their bread by their work, were obliged by the bad state of their affairs to go into service; and their condition was easy, and not laborious, The service of the other was forced and unavoidable; these were slaves, who had either been taken prisoners in war, or bought of such as trafick ed publicly in them. Part of their master's estate consisted in them, who disposed absolutely of them, but generally treated them with great humanity. Demosthenes observes, in one of his harangues, that the condi tion of servants was infinitely more gentle at Athens than any where else. There was in that city an asylum and place of refuge for slaves, where the bones of Theseus had been interred, and that asylum subsisted in Plutarch's time. How glorious was it for Theseus, that his tomb should do that 1200 years after his death, which he had done himself during his life, and continue the protector of the people as he had been!

When the slaves were treated with too much rigour and inhumanity, they had their action against their masters who were obliged to sell them to others, if the fact were sufficiently proved. They could ransoin themselves even against their master's consent, when they had laid up money

Thais patri se commendavit in clientelam et fidem: Nobis dedit sese. Eunuch. Act. 5. scen. ult.

+ Six livres. Philip. 3.

Plut. in Flamin. p. 375.

Plut. de superstit. p. 166.

Plaut. in Casin

enough for that purpose; for out of what they got by their labour, after having paid a certain proportion to their masters they kept the remainder for themselves, and made a stock of it at their own disposal. Private persons, when they were satisfied with their services, often gave these slaves their liberty; and the same grace was always granted them by the public, when the necessity of the times obliged the state to arm and list them for the war among the citizens.

The humane and equitable usage with which the Athenians treated their servants and slaves, was an effect of the good temper natural to that people, and very remote from the austere and cruel severity of the Lacedæmo nians in regard to their helots, which often brought their republic to the very brink of destruction. *Plutarch with great reason, condemns this rigour. He thinks it proper to habituate one's self always to mercy, even with regard to beasts, were it only, says he, to learn by that means to treat men well, and for the sake of habituating humanity and benevolence. He relates upon this occasion a very singular fact, and very proper to explain the character of the Athenians. After having finished the temple called Hecatonpedon, they set all the beasts of burden at liberty that had been employed in the work, and assigned them fat pasturages as consecrated animals and it was said, that one of these beasts having come to offer himself at the work, and put himself at the head of those that drew the carriages at the citadel, walking foremost, as if to exhort and encourage them; the Athenians ordained by a decree, that the creature should be maintained at the public expence till his death.

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SECTION III.

OF THE COUNCIL, OR SENATE OF FIVE HUNDRED.

IN consequence of Solon's institutions, the people of Athens had a great share and authority in the government. Appeals might be brought to their tribunals in all causes; they had a right to cancel the old laws, and establish new ones; in a word, all important affairs, whether relating to war or peace, were decided in their assemblies. In order to their determinations being made with more wisdom and maturity, Solon had instituted a council, composed of 400 senators, 100 out of each tribe, which were then four in number; they prepared and digested the affairs which were to be laid before the people, as we shall soon explain more at large. Clisthenes, about 100 years after Solon, having increased the number of tribes to ten, augmented also that of the senators to 500; each tribe supplying 50. This was called the council, or senate of the five hundred. They received their stipend out of the public treasury.

They were chosen by lot, in which they made use of black and white beans, which were mingled and shaken in an urn, and each tribe gave in the names of those who aspired to that trust, and had the revenue assigned by the laws to qualify them for it. None could be admitted under the age of 30. After inquiry made into the manners and conduct of the candidate, he was made to take an oath, whereby he engaged to give at all times the best council he could to the people of Athens, and never to depart in the least from the tenor of the laws.

This senate assembled every day, except upon the days appointed for festivals. Each tribe in its turn furnished those who were to preside in it,

* Plut. in Catone, p. 333. 399.

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