ARCHAEOLOGIAE ATTICAE LIBRI TRES. THREE BOOKS OF THE ATTIC Antiquities CONTAINING The description of the City's glory, government, division of the People, and Towns within the Athenian Territories, their Religion, Superstition, Sacrifices, account of their Year, as also a full relation of their judicatories. By FRANCIS ROUS Scholar of Merton College in Oxon. ARISTIDES. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When others have in the same Argument preoccupated men's ears, they that speak afterward of the same subject, have a greater trouble to consider what they must pass by unsaid then what to say. OXFORD, Printed by LEONARD LICHFIELD, for EDWARD FORREST. M. DC. XXXVII. TO THE RIGHT WORSHIPFUL Sr NATHANIEL BRENT Knight, Vicar General, and the most vigilant Warden of Merton College in OXFORD, Health, etc. IT is the custom of most, to impose a patronage of their errors upon some eminent person. But it shall be my ambition in this my Dedication to manifest my observancy. Others make their choice of potent men, thereby to shun the darts of envy. It shall be my glory to be thought worthy of invidency; whose ignorance is not so great but well knows that ever some will bite in secret; & scourge these errors of my youth with private reproaches. But such malignant tongues I will counterpoise with the wind; and set as lightly by as they are vain. And although I am confidently persuaded that the covert of your wings be sufficiently able to shelter my faults; yet had I rather to express my duty towards you in these naked infirmities, whose goodness truly knows how * Au●s literatum ignoscere Vegetius in Prologue. to pardon the bold adventures of learning. I present you therefore with ATHENS, whose deplorable raggedness my papers well resemble▪ which may challenge this excuse, that they assimilate themselves to the Treatise in them contained. Which of all men, I myself am conscious most unfitly to have handled. That City once the * Cic. Epist▪ nurse of reason; * Patercul. in ●ne 〈◊〉. ●. which flourished in eloquence, & brave achievements more than all Greece, could not, unless in her miserable ruins, have without her disgrace been spoken of by me. That ATHENS whence the learned Fathers of the Church sucked rare literature, Basil his eloquence, Nazianzen his strength, & others their flowing Oratory. That ATHENS which who had not seen is by * Apud D●caearchum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lysippus accounted a block. Accept, Honoured Sir, these Relics of that famous University, though by me offered, as Devotion paid to Antiquity, by you well esteemed of, though among most of these our days accounted dirt; whose labour it is to seek new fashions, and like nought but what may be accounted novelty. Resembling the brute, of which Cicero. Ad id solum quod adest, quodque praesens est se accommodat, paulum admodum sentiens praeteritum, etc. never caring for what is past. But you weigh well the excellency of talking with those Champions of Learning, hundreds of years since gathered to their former dust. By whose pencils we see drawn the lively images of deceased Monarches, the forms of government, and very lives of states. Out of which patterns, if you please to deem the least part of this to have been taken, it shall heap to my joy that the following Tract will not seem a spurious and degenerate▪ offspring. Upon presumption of which I fear not, as the Eagles do their young, to expose my brood to the rays of the open Sun. Thus with continual wishes for addition to your happiness, I take leave, From my Study in Merton College jun. 9 1637. Your Worships in all humility to be commanded F. ROUS. To the Reader. IT is not a thirst of empty glory that makes me run hazard of your censure, but a consideration of the weakness of School▪ masters, who undertake to read the Greek Orators to raw Scholars, themselves being not ripe in the Attic customs. I have therefore so far endeavoured as you see. If any thing may afford a scruple to any, he shall engage me that will require satisfaction. If any thing seem amiss, it shall be taken by me as a favour to hear of it from any. For I am not of those whose ears are stopped, when their errors are told them. If this please it shall add spurs to the finishing of this course intended; and as occasion may give leave, you shall have the rest that may be spoken. Yours F. R. Errata & inserenda. PAge 5. line 5. read mysteries. p. 6. in Argum. read Circuitus. p. 11. in Marg. for or r. nor. p. 13. in Marg. k. l. m. p. 16. l. 24. r. abject. p. 18. in Marg. r. in Solone. p. 22. l. 12. put the parenthesis after Curialis l. 23. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 23. l. 26. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 28. r. cap. 7. l. 17. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 29. l. 18. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 32. l. 1. after, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 put the parenthesis. p. 34. in marg. r. in the hist. p. 39 l. 24. r. from. p. 40. l. 25. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l 32▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 41. l. ●. r. imminent. in marg▪ r. Frag. p. 46 l. 34. r. Polycleti. p 47. l. 15. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. ●5. l. 14. r. crier. l. 20. r. Muneris. l. 29. read thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Hebrew which avails as much as to offer, and Missath an offering Deu. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 missath nidhbath a free offering, taken it seems of prayer and praise. Weichelius Est autem missa vocula Hebraica, quod nos Latine oblationem aut munus vocamus, quod sponte propriis manibus defertur atque expenditur in veros pietatis usus. p. 8. in Arg. r. Satyrica fabula. p. 9●. l. 2. after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which were noted by letters. Other faults your candid judgements may amend. ARCHAEOLOGIAE ATTICAE LIB. I. CAP. I. javan, jas, jaones, jonia, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Athenae in actâ, Cecropiae, Cranaae, Atthis, Attica, Athenae sub Cecrope. Certamen Palladis & Neptuni, Plutarchi ea de re sententia, alii sub Erectheo volunt nominari, I●stinus sub Amphictyone. Salenos. Selines. Satinae. Sethina. BY the sons of Noah a Gen. 10. ●. were the Isles of the Gentiles divided in their lands, every one after his tongue; when by their audacious folly they would have mounted up to heaven, thinking to leave a name to posterity, by building Castles in the air. From which attempt proceeded that which before they were jealous of, namely a scattering abroad upon the face of the earth; he having so spoken it, whose breath alone affords a fair wind: hoist than they must their Sails, and bidding adieu to the plain in the land of Shenar, seek out some new habitation. Travellers they were of yore, and yet still must journey. Each one in as differenta course, as of a diverse language. The sons of Shem their way, the sons of japhet, theirs. Gomer and Magog, and Madai and javan, with whom I purpose one furlong to keep company, leaving the rest on one side or other or behind, looking only to my proposed scope. b joseph. Antiq. l. 1. c. 7. p. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. From javan came jonia and all the greeks. And in Scripture we have javan put for Greece; in Daniel twice, c Dan 10. 20 And when I am gone forth, lo the Prince of Grecia shall come. And again, d Cap. 11. 2. He shall stir up all against the Realm of Grecia. Where although the old translation renders it not javan, yet it is so found in the original. He then coming into the country called afterwards Attica, left unto it his own name, whence it was termed jonia and jas. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For Attica was anciently e Strabo l. 9 p. 392. called jonia and jas. In which words we still retain some relics of the radix, notwithstanding the small difference of the termination. But if we please to view after what title the sons of javan were styled jaones we shall come nearer home. Strabo in the above quoted place, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer when he says, There the Boeotians and jaones speaks of the Athenians. The Scholiast of Aeschylus on these words, f In Persis p. 133. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ It is to be understood, quoth he, that the Athenians are termed jaones, from one jaon (he means javan) that was their king. Neither is it strange that the vau or▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is left out; for though it be not written, yet persuaded I am that it was as much pronounced, as other au Diphthongs were. For the g Donat. in ●er. p. 130. antique Latins and the Greeks spoke it as broad a, as if it had been the saros not the sauros. Sr Walter Raleigh is of opinion that Asia the less had people before Greece had any, and that javan did not fly from Babylonia into Greece, but took Asia the less in his passage, and from thence past over the nearest way, leaving his own name to some maritimate province on that side as he did to that part so called. In which, although the authority of so worthy and judicious a man might move much, yet it shall be sufficient for me, only to go so far, as antiquity will bear me out. Lib. 1. p. 2. Thucydides reports that it is manifest, that all Greece was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, firmly inhabited, but that there were continual pilgrimages, or remove of the inhabitants, forsaking their former places, being driven out by a stronger and greater number. Wherefore when there was no safe traffic or commerce by sea or land, each manured his grounds for to have provent, alone to serve for present necessity, desiring no more than from hand to mouth; it being uncertain, how soon they might be compelled to get them thence. Whereupon they did more willingly change their seats; not taking grievous that sharp charge, veteres migrate coloni. Be gone you ancient Boores. But the more fertile soil had hard bicker. Thessaly, Boeotia, and a great part of Peloponnesus, except Arcadia, was often invaded, and the old Lords expelled. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ● Thucid. But Attica, by reason of the thinness or barrenness of the ground, was always inhabited by the same men (none it seems being willing to leave his better, for a worse) not affording fuel to contention. Out of which peace sprung up so great a multitude, that Attica, even now swarming, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not able to contain and feed so many, is constrained to send forth Colonies into jonia, a region of Asia the less, which is reported by the greeks to borrow denomination from jon the son of Xuthus, or, as the Poets say, Apollo and Creusa, who in the words of Euripides is thought to be c In jone. T. 2 p. 619. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the maker or founder of Asia. The mother jonia (for so I please to say) kept not still her former name, For in process of time she owned Actaea; from Actaeon, as d Lib. 9 p. 397 Strabo says, or from Actaeus, according to e In Att▪ p. 2. Pausanias, who was the first king thereof, by f Pag 23. Tzetzes on Lycophron called Acteus. But g Orat. 6. Dion Chrysostom brings a more natural reason then this, why it was Actaea, Acta signifies a shore, both in the Greek and * Virg. Aen. 5. p. 214. Latin speech. Now because all of it within a little was washed with the sea, and h Strabo. l. 9 p. 391. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it might challenge unto itself Actaea. Dion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Enigmatical Poet in his i Pag. 22. Cassandra is put for this country. Tzetzes. Because it is (Acta) a cliff, that is cast forth and lying in the sea. And Athens herself by Plautus is said Athenae in acta, pro Athenis Atticis, as k In Sp●le▪ g●s. Palmerius hath noted. But this grew old after a season and Cecrops having married the daughter of Actaeus glories in his Cecropia (and Athens Cecropiae, and Cecropis civitas, and after that Cranaae from Cranaus the king that succeeded him) This Cranaus among other of his daughters had one l Strabo & Paus. locis praed. Atthis, from whom also was derived Atthis and Attica, next Posidonia and Minervia, from Neptune and Pallas. In this region stood At●ens, Queen of Greece, so called, from that victory which Minerva got over Neptune, when Cecrops moved▪ with a prodigy of a sudden shooting up of an a Varro apud August. l. 18. c. 9 de civet. De●. Olive, and bubbling forth of a salt spring in the Acropolis, consulted the Oracle of Apollo, who taught them that the one did signify Neptune, the other Minerva, taking therefore the men into suffrages for Neptune, and the women for Minerva, who had most voices should carry it. The females being more the Goddess bore away the bell. Lo here a witty Devil to bring in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Gods of his own making, to enfold the superstitious in an ignorant zeal. How ever let us leave the shadow of poëticall fictions, and take the true draught out of Mythology. Plutarch is of opinion that the ancient kings striving to draw away their subjects from sea faring negotiations, and a desire to live by sailing, unto tillage and manuring of ground, gave occasion of the speech that Neptune and Minerva did altercate about the city. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. etc. Neptune is b In The●▪ p. 87. l. 23. put for the Sea and businesses thereof. Minerva for Arts and ingenuous kind of life, nay says Ovid in his Calendar. Mille Dea est operum she is Goddess of a thousand trades. Others say that the City was consecrated to her by Amphictyon, & nomen civitati Athenas dedit. c Lib. 2. justine. Others in the time of Erecttheus, among which is Herodotus, will have this name given. Which Author d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Marcianus Heracleota doth follow, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This was that Erectheus, who in a time of drought over all the world except Egypt, brought co●ne to Athens, and taught the Eleusinian mysteries. Beholding this City hath been to Egypt for other kings; to wit, e A●stoph. 〈◊〉 pag 79. 〈◊〉. in Lycoph p. 2● Cecrops and Menestheus, for his father Petes was an Egyptian. In the time of Diodorus Siculus and before him was it a received opinion that Athens was peopled by the Egyptians, Sais in that tongue answering to Athene in Greek, as Tzetzes out of Carax. Nay that they should be of the inhabitants of Sais, they argue from this. Because that the Saitae and Athenians have diverse customs alike. Witness Diodorus Siculus. But it pleases not me. I conjecture that first it was called Athens, when the people began more seriously to addict themselves to civil government, and study of good literature; knowledge and art being ascribed to Minerva. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. says f Polit. l. 8. c. 9 Aristotle. Nay her name being derived from thence, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thena in the Chaldy tongue signifying to study or learn: from which come thenaa and with an article Hat thenaa as g In Aristar. Sac. Synt. 1. c. 1 p. 27 Heinsius the most learned. As for the conceit of Goropius Becan, from ana the number of three which notes eternity, and so from hat-het-ana. Athena. Because wisdom doth contain eternity, let us send it back into Germany. Lo now Athens named from learning, which was once the h Isidor. shop of letters and the Muses, whereof it is now deplorably destitute, having lost the glory of former Athens, nay the name itself. For if we believe some they tell us, that now it is Salenos or Selines. To whom I accord not. Because that I have read Selines for Megara called Nisaea, which is not many miles from Athens. Furthermore in discourse with a native of Peloponnesus, who lived many years in that City, I had no other appellation from him then Ateene, which others write Satina corrupted as Portus and Meursius truly think for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nay a In Hodaep. Byz l. 3▪ Hugo Favolius who was there himself even to the same purpose names it Sethina. Vndique sic miserae nobis spectantur Athenae Daedala quas Pallas seize coluisse negaret, Quas, Neptune pater, nunquam tua maenia dicas Indigenae Sethina vocant— We wretched Athens round do view, which now, Though once ingenious Pallas love, 's her shame, And t'have been thine, Neptune, wouldst disavow, To which the Homebred give Sethina name. CAP. II. Athenarum situs. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Herbae lucentes, Murus, Pelasgicus & Cimonius, Propylaea. Circuitus veteris urbis, & novae. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Piraeei brachia. Murus Phalericus. Portae. Aer. Laus passim apud scriptores. Cephissus Fluvius. GReece, says b In Panath. p. 171. 172. Aristides, is placed in the midst of the whole earth, and in the midst of it stands Attica; the navel whereof is Athens, by which all Greece, closeted in the womb of time, received nourishment, before an happy birth had brought her forth into the light. She is seated upon a very high rock, which habitations do encompass, as c Lib. 9 p. 396 Strabo: on the top of which stands that renowned fabric even to this day, which Cecrops from himself names * P●n. Nat. ●st. l. 7. c. 56. Cecropia; of old 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The City, by a kind of excellence, in a bravado of their antiquity, concerning which they were in perpetual contention with the Argivi. Witness d In Att. p. 13▪ l. 16. Pausanias. e Eunuch. act. 5. s●. 6. Terent, An in astu venit? Donat. Sic Athenienses urbem suam vocabant, unde ipsi incolae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocantur. So, saith he, the Athenians called their City, whence the Citizens themselves are called astoi, after that they called it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 f Attic. p. 24. l. 43. Pausanias'. Which in his time was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the high City, although it be often interpreted Arx a castle▪ which ever were sacred to Minerva, as g Orat. in Minerv. To. 1. p. 21. Aristides. Who therefore is by Catullus in his Argonauticks named Diva retinens in summis urbibus arces. The Goddess that keeps the Turrets of Cities. This only now remains, the succour and shelter of the barbarous Athenians, being strongly furnished with men and arms, in which alone dwell janissaries, to the number of seven hundred thousand, as Christophoro Angelo told me, and avouched it, I fearing lest he had mistaken the number. As for the forces thereof a Ho●. Byz. l. 3▪ Hugo Favolius shall thus instruct you, Arx tantum celebris hoc tempore montis eodem Quaeque imposta iugo est, vastas prospectat in undas Aequoris, & circum dispersa mapali●, & omnes Externo indigenas nocuo tutatur ab host, Nobilis arx, toto qua non est altera Graio Nota magis regno, validisque instructior armis, Ignivomoque magis tormentorum impete tuta. A Castle only famous at this day, Set on an hill, below which views the sea. The scattered thatched sheds, that stand it about▪ The fort defends, and keeps invasion out▪ And natives safe. A fort; none noted more In Greece, which hath a better warlike store, Or it for fiery Canons goes before. Upon the top of this Turret stand the fashions of Half Moons most rarely gilded, after the manner of the Ishmaelites, who have the Moon in no small honour, as my much honoured Mr b De D●s Sires Syn. 2. cap. 2. p. 288. Selden hath observed. Of which Lunulets thus speaks Favolius, Cuius inauratis longe rutilantia Lunis Ardua coelivagas feriunt fastigia nubes. Whose tops with gilded Moons aspiring high, Do knock the Clouds the pilgrims of the sky. Neither may it pass obscurely which I have taken up being let fall from the mouth of an eye witness; namely that on the side of this hill, on which the Acropolis is built, grows a certain kind of herb, that far off, in the night season, gives a most shining and glittering light, to which when a man shall approach, he shall discern nothing but the herb itself. Of which matter I seriously wish that I could testify the truth. It was delivered to me, bona fide, with good credit. The walls that environ this, are none now, says Favolius, but in former time it hath been well fenced; some part thereof erected by those two Tuscan brothers, who leaving their country, lived here under the Acropolis, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pelargi, Storks, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for their wand'ring, a Lib. 9 p. ●97. Strabo, b Nat. hist. l. 7 ●. ●. Pliny says their names were Euryalus and Hyperbius. The two that first built houses of brick at Athens, when formerly they had Caves for dwelling places. But by the authority of Pausanias, though the Printers and Scribes have done both that Author, and the persons wrong, in putting a false name upon one of them, I will do them none. Read then Laterarias domus constituerunt primi Agrolas & Hyperbius fratres Athonis, etc. c In Attic. p. 26. l. 34. Pansanias. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 From these was that part which they edified called Pelargicum. Aristophanes in Avibus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The other part of the Acropolis which was left naked, Cimon the son of Miltiades clothed. Pausanias' in the fore quoted place. These walls admitted no gate but one, so rarely beautified with that costly Propylaeum or porch, on which Pericles is discommended by d Tul O●. l 2 Demetrius Phalareus for disbursing so great a sum of money. e Val▪ M●x. lib. 3. c. 1. For which he was not finally troubled how he might give up his accounts to the people; His Nephew Alcibiades therefore seeing him somewhat sad, and demanding the cause, to whom when his uncle replied, that it was about giving his accounts, seek rather, quoth he, how you may not give them. By which counsel the Athenians were entangled with that neighbour war against the Lacedæmonians, in which they found not vacancy for an audit. By the way it shall be fit to acquaint you with thus much, that it was not permitted to a dog to enter into the Acropolis, as f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 175. Plutarch, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it may be, for his heat in venery and ill savour. Goat's likewise, says g De re Rust. Varro, came not thither, unless for a necessary sacrifice once, lest they should hurt the Olive which is said first to have sprung up there. The circuit of this Acropolis is said to be threescore stadia. Now a Stadium is about some * Five feet make a pace, and a thousand paces a mile. ●sidor. Orig. lib. 15. c. 16. six hundred and twenty five feet, eight of which make a mile, it being the custom of the ancient greeks, so to measure the length or distance of grounds, or Cities, by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The first City than is contained in seven miles and an half. But to this were added more houses able to make a City of themselves. And so indeed were they distinguished by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The upper and the lower City. b In Phoc. p. 549. l 47. Plutarch, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Note here moreover, in the reading of your Greek Authors, that when you meet with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the description of a country, you presently must conceive the higher part, if it be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Lib. 1. p. 6. ● Thucydides. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they prayed upon each other, and among the rest who were not addicted to the sea, yet lived below, understand near the sea, Scholar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 knit together made but one joint corporation; both, as it were uniting Piraeum unto themselves, took up, as b Orat. 6. Dion Chrysostom writes, two hundred stadia, which is about five and twenty miles. Upon which place, Morellus produces a Scholiast testifying that the walls were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fifteen miles save one furlong. Where I wonder that the learned man had not eftsoon perceived the number to have been corrupt, and written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, twenty five for fifteen. For so it ought to be. Neither is it strange that it had so large bounds. For consider that from Piraeum to Athens were reckoned five miles, as you may see in c Nat. hist. l. 2 c. 85. Pliny, From Athens to Phalerum, and so to the other side of Piraeum four miles and a quarter. The utmost wall of which Thucydides speaks in his second book consisted of five miles a quarter and half. The girdle of Piraeum and Munychia had seven miles and an half more. All which being put together make up but twenty two miles one quarter and one furlong. But Dion Chrysostom must be here understood; and it behoves us to conceive that he spoke not barely of the naked walls, for than it cannot hold; but I suppose some houses to have been without d ●o citato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as he says, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which I appeal to more judicious heads. Neither can I silently pass by the opinion of john Meursius, who reading in e In Arcad. p. 244. l. 3●▪ Pausanias these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, should presently obtrude to us, that Pausanias teaches, that the f Att. Lect. l. 3 c. 4. wall called Phalericus is but twenty stadia or two mile and an half. When indeed he meant nothing less. For speaking of salt springs, which he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he seems to involve a reason drawn from the nearness of the sea. For when he writes of this brackish well, Among the Athenians, the sea which comes up near Phalerus is distant from the City but twenty stadia at the most, quoth he. Where Amasaeus hath thus strangely do●ed. Athenae à Phalero absunt stadia haud amplius xx. And that this was the meaning of the Author, proves that which follows. He might have likewise consisidered that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with a Dative case signifies not only juxt a and prope as I have translated it; but supra sometimes, which will now serve better. And Meursius indeed blames the number; but sees not into the words. Now it is not needless that the two walls, which joins Piraeum and Athens at so long a distance, be somewhat spoken of, seeing they are reckoned by a ●b. 31. ● L●b. ●. Eleg. Livy among the multa visenda, Many things worthy of sight at Athens. These are the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in b 9 p. 192. Propertius,— Theseae brachia longa viae. c In 〈◊〉 Math. p. 125. ●●. Appian of Alexandria, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and d P●g ●55. l. 10. Plutarch in Cimone. One lying towards the North, of which e I● 〈◊〉 ●. 〈◊〉. ●. 〈◊〉. Plutarch. The other towards the South, in height about forty Cubits, as f In Mith. p. 124. l. ult. Appian testifies. These are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by g Orat. 6. Dion Chrysostom, because Athens being at one end, and Piraeum at the other, these were drawn forth between. And when writers speak of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it may be conjectured that it is for distinction of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Acropolis which Cimon built, h In Attic. p. 19 l. 8. witness Pausanias. Aristophanes seems to bring authority for an opinion that Themistocles built these. In i P. 337▪ Equitibus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Which his k P. 338. A. col. 2. Scholiast affirms. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For Themistocles added Piraeum to the City. We read in l In Them. p. 27. Probus that he was the only agent in walling the City, and that he so hastened the accomplishing, that they were fain to be as it were sacrilegious, and make use of materials formerly consecrated to the edifying of Temples, and Monuments of the dead. But m In Them. p. 87. l. 25. Plutarch gaine-saies this, and that he did only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 conjoin the City and Pireum, and put the land to take acquaintance with the sea. It seems somewhat forward before. How ever, so fennie was the ground it was founded upon, that the work soon came to great reparation, which n Plut. in Cim. p. 355. l. 14. Cimon the son of Miltiades undertook. For with stones of an huge weight and lime he made the earth so firm that it could not give. Nay he was so liberal, that he did out of his own expenses so great favours, to a people that some years after gratified him with exile. Neither did he only mend the breaches; but in after time o Plut. p. 355. l. 12. unless 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may have respect to Conon who after the victory at ●nidus erected these walls as Pausan. in Atticis. p. 2. l. 14. I would neither deceive myself nor the Reader. finished the whole work, so that he may truly be said to be the founder of them. Let us now come to the Gates of the City. * Attic. Lect. initio. p. Dec. 4. l. 1. p. 11. A. Meursius hath observed ten, but I fear they will scarce suffice to such a vast City. Take then these. Dipylon or Thriasia, the fairest of all, velut in ore urbis posita, placed as it were in the front of the City, says Livy maior aliquanto patentiorque quam caeterae est, greater somewhat and wider than the rest. Hence I suppose named Dipylon as if it were as big as two gates. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Piraicae Near the Temple of Chalcod●on. Here were buried some of those that died in fight with the Amazons in the time of Theseus. q In 〈◊〉. p. 9 l. 20. Plutarch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hippades. where the bones of Hyperides the famous Orator rest with his progenitors, who being racked under Antipater, chose rather to bite off his tongue, then to divulge the secrets of his country. a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 456. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sacrae. the sacred gate. We read of this in b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 45 Theophrastus' Characters but to my great admiration, that the Eagle-sighted Casaubon had not espied a fault. For though it be true that there were such gates at Athens as I 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, yet is there any that ever read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the dead to have been carried out to burial through the Sacred gate? It makes not any thing that it was spoken to a stupid fellow, for they spoke not as our vulgar do, such as, When Christmas comes out of Wales. write then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the gates at which they went forth with their corpse at the solemnisations of their obsequies, the reason of which shall be spoken hereafter. c Pag. 715. num. 95▪ Demosthenes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The gate of Aegeus. It seems to have been in Delphinium where he dwelled; whence the Hermes or Image towards the East end of the Temple was called d Plut. Thes. p. 4. l. 2●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The statue at the gates of Aegeus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Melitides. Where lies Thucydides the son of Olorus that wrote the Peloponnesian war, who after his return into his country from banishment, was treacherously murdered, his Sepulchre stands near these gates. e Atti●s p. 21. l. 41. Pausanias. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ceramicae. These are called by Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The gates in Ceramicus, where many of the Lacedæmonians were buried, which died in the seditious war that Thrasybulus made against the Thirty Tyrants. f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 279. l. 43. Xenophon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The gates of Diochares. Of whom I have nought to speak. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Acharnan gates. I suppose they were called so from that Town or Village near, named Acharnia, to which it is probable it looked. For so did the ancients name their Gates from the Town to which they were near. The Romans their porta Collatina from Collatia, a B●rge not far off. And happily it is so here, Meursius hath added two. ●toneae, & S●aeae. in Atti●s which I never saw until I had written thi● place as God and man is my witness. I 〈◊〉 ●ake least a●y should think that I have stolen out o● him be● we me●t as also in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diomaea; for Diomus is a people of Athens not any great matter distant from the City. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thracia. These are all that ever I met with named: others there are obscurely pointed at by g Atticis p. 14 l. 11. Pausanias, as that near the Gallery which from its various draughts they call Paecile, where is the effigies of Mercury Agoraeus in brass. And others about the beginning of his Attica, of which I had better hold my peace then speak as good as nothing. Thus have we found twelve gates; which being opened enter; suck that sweet air, whose excellent purity brought forth such acute wits, a Cassiod. Var. l. 12. and prepared with a most happy bounty understanding judgements for contemplation. Whence b Medea. p. 460. 461. Euripides may well strain to this note, that Venus sitting near, and adorning herself, sends forth continually Cupid's of learning, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Well may he bless that clime styling it, c M●. p 459. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which hath been the Mother of the Muses (by the leave of Mnemosyne) or at least the Nurse to them, for there are they said to have traveled with Harmonia; as if there were no such melodious consent, as in the Sciences. Let not d ●n prae●. ●d ad Charact. Theophrastus' assertall Greece to lie under the same temperature and disposition of the heavens, when at this day it may be spoken, as once Aristides did of it. e ●om. 1. p. 17●. No ●oast so truly void of all earthly dregs, and participating more of the celestial and defecated air. Not unworthily hath Sophocles been lavish in expressions. f ●a. p. 57 Famous, g O●d. Col. p. 258. The most renowned, h O●d. Col. p. 26●. Happy, i ●a. p. 71●▪ Sacred Athens. Pindarus. k 〈◊〉 p. 3●1 Wonderful. ˡ Much spoken of. ᵐ Neat, etc. To the making up of her delight comes to all the river Cephissus, which is able to bear vesses of a good burden, as I have been informed, but the Turk● fearing lest it mightbe advantageous to an enemy that might invade them, have cut it into many and sundry little streams, damning up with an innumerable quantity of stones the mouth of the river for a mile in length. Thinking they have sufficiently prevented, which they did but suppose could happen. CAP. III. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mores, & Ingenia. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quantum hodierni differ●nt à veteribus; & qualem vitae rationem modumque habent. THE Athenians by l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 169. Dicaearchus are divided into two sorts, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Atticos, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of which though there were no difference in latter times, yet certainly of old there was. In somuch as one of the punishments, which the Athenians are said to inflict upon their women (for the appeasing of Neptune, bringing in an inundation upon their fields to their great damage, in anger conceived for loss of the Title of the City) was this, m Varro apud Aug. de Civ. Dei▪ l. 18. c. 9 That none should after call them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Athenians, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Atticas. A revenge I suppose opprobrious enough. For thus writes my Author. O● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Curious babblers, Deceitful, Calumniators, Observers of the lives of strangers. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A sufficient witness of this is a Act. 17. St Luke, that faies, they did regard nothing more than to hear and speak novelty. To which end they often met in Barber's shops, where all the news, that was going in those days, was currant. Hence say we, verba in tonstrinis proculcata: and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, b In Pluto p. 3●▪ Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. They that sat in the Barber's shops did talk much that he was suddenly grown rich. The Scholiast seems to take the meaning as if the Comedian had quipped them for resorting to Barbers, and neglecting Barber▪ Surgeons of better credit. But I see no reason. They met in both to prattle. Aelian c ●ar. ●st. lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sitting in a Surgeon's shop, scandalous, and thirsty to speak ill by all means. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. men Italianated, who can smile, even when they cut your throat. Such as Theophrastus d cap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. hath in his Characters drawn out, who can be affable to their enemies, and disguise their hatred in commendation, while they privily lay their snares; that salute with mortal embracements; and clasp you in those arms, which they mean to imbrue in your dearest blood. In sum, fair without, but rotten within, like a wound which is healed above and seems sound, but putrifies under the skin. And so much the word doth import. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Given to false accusations. The e In Plut. p▪ 〈◊〉. Scholiast of Aristophanes writes, that it being forbidden to carry figs out of Athens, and some nevertheless the decree being absolute against it, presuming so to do, they set rogues in the gates that did appeach them, (as f In Solone p. 65. Plutarch likewise) Hence came this word to be used for any crafty knave that gets his living by promoting, g Xenophon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 271. l 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. One that meddles in every man's affairs, and therefore h Pluto. p. 90. c. p. 91. b. Aristophanes hath fitly brought one upon the seen terming himself an Overseer both of private and public matters. If then such a person had espied any tripping, and gotten him on the hip, he would as sure have fetched him over for his coin, as any Summoner doth a person delinquent towards the flesh, or any Lawyer a credulous client, and having well plumed him, afterwards give him a dimissory. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (Sycophaniae) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xenophon. Such were many in Athens, in somuch that Aristotle i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 272 l. 19 being asked what Athens was, answered, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, All beautiful, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in a verse of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer in the description of Al●inous his garden, but pears grew ripe after pears, and figs after figs, meaning a continual succession of Sycophants. This made Isocrates the Orator to compare the City to a Courtesan, with whom few there were but would have to do, yet none dare take to wife; affirming it to be the best place to sojourn in, but the worst to inhabit: By reason of their Sycophants and treacheries of nimble tongued Orators. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I was once half in an opinion that these words were to have been put to the former thus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, And I think the sense will run well, Malicious observers of the lives of strangers. The Athenians were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and held hospitality sacred, and I doubt not but they had that Law, That▪ foreigners should receive no wrong, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 〈◊〉 ●8 Socrates in Xenophon. Now he discommends the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as ready to trouble and vex strangers in law, duly marking and bearing an eye unto them to take them at an advantage: As for the Athenienses they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Brave spirited, single dealing, and faithful friends. But as the words were at length confounded, so did their manners degenerate, growing into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ an Irregularity of nature. as c Lib. 6. Polybius. No 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 afterwards▪ but haughtiness of spirit, magnanimity now fallen. And when d Dec. 4. p. 7. ●. 1▪ L●vy says ex vetere fortuna nihil praet●r animos servare, he means▪ they had nothing left but those proud spirits, which their ancient flourishing fortune had puffed up. No 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or simplicity, no e Aristoph. p. 6●. lamb like innocency, or mildness; but as f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p 38●. Plutarch speaks▪ people rashly angry, soon pitiful, rather inclined sharply to take opinion, then quietly to be informed. And as they are ready to help base and abject peasants, so friendly do they entertain childish and ridiculous toys, rejoicing in their own praises, & nothing moved with scurrility, Fearful and terrible even to their governors, humane towards their enemies. Not unfitly then g Lib ● c. ●. p. 2●7. Valerius Maximus, Quantam ergo reprehensionem merentur, etc. How deserve they to be blamed, who though they had just laws, yet had most wicked disposition, and chose rather to take their own courses, then put in practise their statutes? As for their impudence, so great was it, that to express a countenance void of shame, the Comedian hath put 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, An Athenian look, in h Pag. 189. g. Nubibus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, So accounted in the time of a Lib. 2▪ p 47. Paterculus, that what was done in sincerity and faithful trust, the Romans would say, it was performed fide Attica with an Athenian loyalty. Fear and power might make them trusty, but how they broke their leagues, took part with other Islanders against confederates, and violated the laws of arms, Historians are not dumb. As for their wrath it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ever mindful, as b Aeneid. ●. Virgil. mem●r ira. And the hatred they prosecuted the Barbarians withal was so unquenchable, that it burned against c Isocrat. in Pan. p. 109. all Barbarians for the Persians sake; & they forbade them their sacrifices as they used to do murderers among them. Where you must note that all that were not Grecians were called of them Barbarians. But lo! How are they now become all Barbarous! whether or no people of Africa or some of the Catelani I cannot justly tell. Mahumedans all, poor and miserable, living by rapine, or fishing, or tilling the earth, d Hodoe p. Byz. l. 3. Favolius Duraque coacti paupery assuerunt vitam tolerare rapina▪ Aut passim infestant furto, raptoque propinqua Aequora piratae, sed quae pars aequior, hamis Fallit inescatos tereti sub ar●dine pisces. Aut desolatas exercet vomere terras, Semper inops, misera, infelix, rerum omnium egena. Oppressed with need they do their life sustain By rapine, and annoy the neighbour main With pillaging. Who are more just and good With angling do the silly fish delude; Or plough the grounds made desolate before, Unhappy, wretched, mis'rable, still poor▪ CAP. IU. De populidivisione, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quid Atheniensibus cum Aegypt●is commune. THere were at first but two kinds of people in Athens, So doth Dionysius H●h ca●nassens dt v●e them in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 2. n. 2 two orders quibus inter gradus dignitatis fortunaeque aliquid inter lucebat, in which there was difference of dignity & fortune: such as at this day are in France either Peers or Peasants, or as in Venice Patricians and Plebeians. And although Pollux calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, three sorts, yet I make but two, because the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were not any way more gentile for blood, surpassing for riches, or happy for life. But because he hath so set them, take them thus, as he speaks. a Pollux l. 8. 〈◊〉 p 〈◊〉▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Eupatridae, were such as were descended from the loins of those Heroes famous in the Greek history, whose families were ever renowned, and posterity propagated to many generations; such as Praxiergidae, Eteobutadae. Al●moeonidae, Cynidae, Ceryces. etc. whom we may term Nobles, or men of good birth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Geomori, may not seem unlike our Yeomen, who had lands of their own and sustained themselves with the fruit and commodity of these their possessions. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Demiurgi, were men of some handi-craft, Tradesmen, such as Tentmakers, Shoemakers Carpenters, Masons, and the like. But Solon made another division. For when the Diacrii, which were those that lived in the upper part of the City, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Diogenes ● In Solone▪ Laertius; and the Pediaei which likewise are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such as lived in the middle of the City, or the plain. And the Paralii who lived near the sea, were at contention about government. The Diacrii leaning to a Democraty, as c Pag. 61. in Solome●. Plutarch writes▪ the Pediaei to an oligarchy, and the Paralii between both, and had chosen Solon to arbitrate and determine the matter; he made these four ranks. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pentacosiomedimnos▪ Equites. Ze●gitas. Thet●s. d P●ut. p. 65 Pentacosiomedimni were those who 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, could make five hundred measures in wet, and dry commodities alike. What Possardus then brings out of Uarro concerning modium, hath no place here, for he supposes that Pentacosiomedimnus was he that had as much ground as fifty Medi●ni could suffice to sow, but here I will confute him with a wet finger. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For he seems to sow upon the waters. This is he whom the Elzevirii printed at Leyden Anno 1635 under the name of Postellus who was sometime a Professor of Tongues in France, and author of the Treatise de Magistratibus Atheniensium. Equites were such as were of ability to keep an horse, or had the quantity of three hundred measures in dry, & as many in wet: called likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Zengitae, were such as could of wet and dry in all make but three hundred. Any of these three could bear office in the Commonwealth. A fourth rank which he called e Plutarch. loco praedicto. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Thetas, a name from servility, which had no power in the rule of the weal public. But it had not been amiss if I had shown how the Egyptians had divided their people into three classes as the Athenians did, as I have spoken above. For the first degree or Eupatridae addicted to learning and study, who were had in greater honour, answer to the Egyptian Priests. f Plut. Thes. p. 8. l. 18. Nay those great houses in Athens had Priesthood by succession, as Eumolpidae, Ceryces, Cynidae. For out of the stock were chosen Priests hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in g Pag. 741. num▪ 164. Demosthenes. The Geomori who had lands assigned to them for the maintenance of the war, are not dislike them in Egypt who hold possessions on these terms, namely to provide soldiers when need shall require to fight. The Demiurgi resemble those Plebeians who skilful in some art, did set out their labour to daily hire: as Diodorus Siculus can testify. CAP. V. Tribus quatuor sub Cecrope mutata earum nomina. Augentur à Clisthene: duae additae. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Tribulum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. IN Athens there were but four Tribes under the rule of Cecrops. Cecropis, Autocthon, Actaea, Paralia; which had other names put to them, Cranais, Atthis, Mesogaea, Diacris. I suppose from the parts of Attica, it lying partly near the sea, thence Actaea, partly hilly, thence Diacris, partly Mediterrane, thence Mesogaea, the other name from the King that was then; whether the King would honour the Tribe so much, or the Tribe glory in the name of the King, I know not. It is probable that it was an honour to their governor, for as Cecrops gave the first names, Cranaus the second, each assnming a title to himself, Ericthonius called them after the name of jupiter, Pallas, Neptune, Vulcan. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But when jon came to rule they were named after his four sons, Geleontes, Aegicoreis, Argades, Hopletes, as a In Terpsic. p 137. Herodotus and b In ●one versus si●em. Euripides. though Plutarch says that they were so called c In Solon. p ●5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the courses of life which they first took. But Clisthenes a man factious and wealthy is said by the Council of d A●stides ● 1. p. 3●6. A. ● 3. p. 352. Apollo, Alomaeon being Archon to make ten of them, changing the ancient titles, and taking new from some Demigods or Heroes borne in that land all, except Aiax, whom though a stranger, he put to the rest▪ as a neighbour and companion. e In Terpsic. p. 137. Herodotus. These than were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; as you would say giving names; the word so signifies sometimes, as Minerva is said by Dion Chrysostom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, who gave the name to Athens. To these were erected Satues near the Council place of the Senate. Their names are these as f In Atop▪ p. 4. 5 Pausanias hath them. Hippothoon, Antiochus, Aiax Telamonius, Leo, Erectheus that slew Immaradus the son of Eumol. pu● in the Eleusinian war, Aegeus, Oeneus, Acamas, Cecrops, Pandion. From these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, O●nis, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ To which they put two more, one called after Antigonus, the other after Demetrius his name, in gratuity to them for the favours received; which in process of time they changed into Attalis, and Ptolemais, as Stephanus writes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, having been courteously entreated by the * Thes●●re reckoned among the Epenymes in P●us p. ●. who had Statues likewise. Kings bearing that name. Which being so, let us take heed that Livy deceive us not, who at the time, when Attalus did succour the Athenians against Philip, says they first thought of adding that Tribe to the ten, in thanksgiving that the Rhodii rescued four fight ships of the Athenians taken by the Macedonians, and sent them home, a Decad. 4. l. 1 p. 6. Tum primum mentio illata de tribu quam Attalida appellarent, ad decem veteres tribus addenda. Thus have we seen that there were twelve Tribes in all. Let us look back to the first institution. I suppose they were first ordained for the better administration of civil government. b In ●▪ b. pag. 181. Eustathius writes that they were divided in imitation of the year, The four Tribes according to the four quarters; each Tribe into three Fraternities, which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 answerable to the twelve Months, each 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 into thirty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or kindreds equalising the days. For so many only had the year of old. Witness the Riddle of c Laertius▪ p 63. l. 1. Cleobulus concerning the year, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. One Father had twelve Sons, and each son thirty daughters, and every daughter black and white, meaning days and nights. Over these were governor's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Kings of the Tribes, who sat upon controversies between party and party of their own Tribes. Each Tertian also had his overseer called, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ruler of the Trittys or Phratria. The word may seem to signify a Society, fellowship, or Company. It skils not whether you derive it from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Eustath, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Suidas, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as others, which is a Well, because they drew water from the same well. For the place being scanty of Springs where Athens was founded, there being but one wellspring in Athens, they were constrained touse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, digged wells, as d In Solonep. 6●. l. 33. Plutarch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the men of that society, called by Tully, Curiales, of the same Ward, speaking of Cimon, who gave command that his servants should afford what they had if any Laciades should come into his Farm. In description of which thing Plutarch uses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which then we are not to interpret Curialis (For this is as much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) but popularis. These at festival days in Athens met in a place called Phratrion, as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ pag. 181▪ & ●●. pag. ●29. Eustathius observes, & b Lab. ●. c. 4. Pollux (where they brought their children to be engrossed in their books, as shall be hereafter spoken with the reasons thereof) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Phratrizein from hence comes which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to meet, for so Eustathius in another place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. As for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or kindreds we must not think that they were of one blood, but from that near conjunction which they had each with other being admitted into this society▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (every 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or kindred consisted of thirty, whence they were named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Not of affinity so called, but for their Synod; which the Grammarians call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Communicative familiarity, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being a participating in one thing, or having an equal share in the same privileges. Great was their care of each other; great was their mutual love; which that it might continue, Solon their Lawgiver ordained certain feasts to be provided, wherein they should kindly entertain each other. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. b 〈◊〉▪ l. 5 p. 〈◊〉▪ ● Athenaeus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Of feasts celebrated at this day the Lawmakers have appointed Phyletica for Tribes, Demotica for the people or popular, Moreover Thiasos for Colleges (as Philosophers for the death of their Grand Masters) and Phratrica for the same Ward. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of which in due time. The reason of this the Dipnosophist gives. saying that wine hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an attractive and persuading force to procure love, and friendship. CAP. VI Graecia vicatim habitata. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quid? Atheniensibus proprïum habere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quot? Temple & sacra pagatim. ALL Greece was inhabited 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as c Lib. 1▪ Thucydides speaks, by Villages before there were any Towns; from whence comes the word Comedy. d Donat. in Praef. in Te●▪ At verò nondum coactis in urbem Atheniensibus, cum Apollini Nomio, id est, Pastorum vicinorumque praesidi Deo, constructis aris in honor●m divinae rei circum Atticae vicos, villas, & compita festum carmen solenniter cantarent: orta est Comoedia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quod est, commessatum ire cantantes. The Athenians being as yet not gathered into Corporations, when they sung sacred hymns to Apollo Nomius, that is, the Precedent of the shepherds and neighbours, about the villages, houses and cross ways of Attica, altars being built in honour of the celebrity, sprung up a Comedy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from revelling and singing. Others will have it derived from an ancient custom they had, when any were injured among them, for the party wronged to come to the street where the offender lived, and in the night time to cry aloud a Thomas Magister. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Such a one doth wrong, and commits such and such outrages, although there be Gods and Laws▪ by which, these abuses were reform. But the Anonymus in a preface to Aristophanes says 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that they were not called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or villages by the Athenians, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which they translate Populos, better in my mind oppida or Townes. Cicero ad b Lib. 7. Ep. 3 Atticum. Venio ad Piraeea in quo magis reprehendendus sum, quod homo Romanus Piraeea scripserim, non Piraeeum (fi● enim omnes nostri locuti sunt) quam quod M addiderim. Non enim hoc ut oppido praeposui, sed ut loco: & tamen Diony sius noster, qui est nobiscum, & Nicias Cous, non rebatur oppidum esse Piraeea, sed de eo videro. Nostrum quidem si est peccatum, in ● est, quod non ut de oppido locutus sum, sed ut de loco: secutusque sum non dico Caecilium, Mane ut ex portu in Piraeeum (malus enim auctor Latinitatis est) sed Terontium cuius fabellae propter elegantiam sermonis putabantur à Caio Laelio scribi. Heri aliquot adolescentuli coimus in Piraeeum, & idem, Mercator hoc addebat captam de Sunio. Quod si 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 oppida volumus esse, tam est oppidum Sunium quam Piraeeus. If so be we will have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be Towns, Sunium as well as Piraeeus is a Town. These were formerly kingdoms as c A●icis p. 30 l 42. Pausanias testifies. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Moreover I have written, that some of the towns were governed by a King before the reign of Cecrops. And no marvel, for some of them far surpassed other Cities, as Aristides affirmeth. These d In Panath. T. 1 p. 326. were most peculiar to the Athenians, anciently called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as e Nub pag. 225. c. Aristoph. Scholar or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as f L. 8. p. 430▪ Pollux, twelve belonging to every Tribe. But Clisthenes changed them into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as out of Aristotle the Scholar of Aristoph. The number of them is, as g In ●. b. pag. 215. Eustathius out of Strabo, and h ●n Athenae▪ 'em. l. 6. c. ●. Casaubon, an hundred seventy four. Some whereof having the same name are distinguished according to their situations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as we may say the upper and the lower Wakefield, etc. All of them are divided into Greater and Lesser. The i Pausan. A● pag. 30. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or less are these. Alimusii, Zoster, Prospaltii, Anagyrasii, Cephale, Prasieis, Lampreis, Phlyeis, Myrrinusii, Athmoneis, Acharnae, Marathon, Brauron, Rhamnus. The rest were greater. Take them promiscuous according to their Tribes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aexone. Dadalidae, Epiecidae, Xypete, Pithus, Sypalettus, Trinem●i, Athmonon or Athmonia. Alae Aexonides. Phlya. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Agraul● or Agryle. Euonymia or Euonymus. Themaci or Themacus. Cephisia. The upper Lampra. The lower Lampra, in which Sigonius errs calling one the maritimate, the other the inferior, which to be one and the same I have shown above. Pa●botadae. Pergase. Sybridae, Phegus, Anagyrus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Angelo, Cydathenaeum. Cytharum. Oa or Oeis. the upper Paeania, the under Paeani●▪ Probalinthus, Stiria. Phegaea▪ Mlyrrhinus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Alae Araphenides. Araphen. Bate. Gargettus. Dionea▪ Erec●hia. Ericria. Echria. Icaria or Icarius. jonidae. Colyttus. Cydantidae. Plothea. Tithras. Phegaea. Philaede. Chollidae. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Agnus. Erisidae. Hermus or Hermi. Hephestiadae. Thori●us. Itea. Ci●yana. Sphettus. Cholargus Cholargi Cholargia. Cephale. Prospalta. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aethalidae Aethalia. Aphidna. Dirades. Hecale. Sypyradae. Cetti. Cropia. Leuconium. Oeum Ceramicum. Paeonidae. Peleces. Potamus. Scambonidae. Sunium. Hyba Hybadae. Phrearri. Marathon. Alimus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Azenia. Amaxan●ea. Anacaea. Acherdus. Decelia. Eleaeus. Eleusis. Eraeadae. Thymaetadae. Ceriadae. Corydallus. Oeum Decelicum. Oeum ad Eleutheras. Sphendale. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aegil●a or Aegilus. Alopece or Alopecae. Amphitrope. Anaphlystus. Atene or Atenia. Bessa. Thorae. Criôa. Leucopyra. Melaeneis or Melaenae. Pallene. Pentele. Semachidae. Phalerum. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Oenoe at Macathon. Titacidae. Tricorythus. Rhamnus. Of this Tribe were some towns take away & put to other, Aphydna, Perside, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Butea, Butadae. Epicephisia. Thria or Thrio. Hippotomadae. Lacia, Laciadae. Lusia. Melite. Oe or Aea. Perithaedae. Ptelea. Phyle. Acharna. Tyrmidae. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thyrgonidae. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Conthyle. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Apollonienses. These are all which authors make mention of according to their Tribes, others there are, which I know not how to distribute, none of the ancients either directing or furnishing me. But these are they. Agra. Anchesmus. Amphiade. Archilia, Astypal●a. Atalanta. Achradus. Belbina. Brauron. Brilessus. Enna. Echelidae. Zoster. Thrion. Cale. Cedae. Cothocidae. Coele. Cynosarges. Cerami●us without the city the same with Academia. Laurium. Lenaeum. Limnae. Munychia. Parnes. Pnyx. Patroclus his ditch or trench. Scirum. Sporgilus. Hydrusa. Hymettus. Hysiae. Phaura. Phormisii. Phrittij. Phoron. Chitone. Oropus. To which are put the Lands, called Pharmacusae, two in number, & Psyttalias. The Scholiast of a In Rani●●●35. Aristophanes speaks as if Io were a Demus, but I say not with him. The greatest use we have of these among authors, is in their form of Law, matters of contracts, and the like, that there might be no fraud or deceit; that none either unjustly be taxed for any thing, or tax an other. Hence read we such punctual clauses in their writs. N. the son of N. dwelling at Alopeca, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of Caele. of Melite. of Cerameis. In these villages were Temples of the Gods. b dye. 4. l. ●. p. 12. 13. Livy. Templa pagatim sacrata. And again. Delubra sibi fuisse, quae quondam pagatim habitantes in parvis illis castellis viisque consecrata, ne in unam q●idem urbem contributi majores sui deserta reliquerint. So much witnesseth c In Atticl● p. 77. l. 40. Pausanias; who tells us that they worshipped some peculiar Deity, and yet nevertheless did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, honour Minerva. Some of them had peculiar festivals, as Brauron the solemnities Brauronea, to Diana. Diomea to jupiter Diomeus. Chitonea etc. CAP. VII. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Atheniensium status mutati●▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. THe ancients had but three sorts of government. Tyrannis, Democratia Oligarchia as In 〈◊〉 p. 4. Aeschines, which Polybius calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. where although the one names it a Tyrannis or Tyranny, the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rule of a King, yet must we understand the same. For in old time all Kings were called Tyrants, as Servi●s on Virgil hath observed. A word taken up by the Grecians about the time of Archilochus, which neither Homer, nor Hesiod knew; and therefore are the Poets noted, as, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for calling the Kings, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before the Trojan wars, Tyrants or Tyrannos. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a Kingdom, is where obeisance is free, yielded rather out of a good advice, then for fear or might. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an aristocraty, when most wise and just men are fitly chosen to sit at the▪ Helm of the Weal public. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Democraty, when the Laws and customs of the Country in matters belonging both to Gods and men are truly observed, and that rules the roast, which shall be approved of by the greater part, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●aies Polybius; as that may be said at a banquet to please all, which doth relish well with the most. But the grave Historian hath observed changes in such government, as they use to be, inclining to the worst Monarchies being turned into Tyrannies; as when the people are led away by the perswa●ions of some pleasing a A● l. Pol. l. ● c. 4. popular man, and are as it were, willingly constrained to take the yoke that his usurping authority shall lay on them, a Tyrant indeed said, b Probus in ●iltiade. Vicons●tus, who gets it by violence, c Probu●d. ●. 17. Omnes autem & habentur & dicuntur Tyranni, qui potestate sunt perpetua in ca civitate, quae labertate usa est. But all are accounted and called Tyrants, who have perpetual authority in that City, which formerly hath enjoyed liberty. The deprivation of which causing murmuring and rebellion, brings forth an aristocraty, or government of the best men, such as are well brought up, and exercised in virtue. The end of an aristocraty being, as d Pol▪ l. 4▪ Aristotle hath it, Virtue, which of no long continuance doth soon degenerate, e Pol●. l. ●▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, naturally inclining to an oligarchy, or rule of few. These few being chosen according to their riches. And because that many in a state cannot be wealthy, therefore the number of them cannot be great. These are great Lords and little Kings, whose power ●waies all, and not the Laws; who unjustly favour those that are partially theirs, and oppress them that would defend their liberty against them. All things being administered f Aeschines in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by their precedents. Such dominion is taken away by the people set on a rage, and not bearing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the injuries of their rulers. Hence comes in a Democraty, which Sophocles calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the power of a multitude; whose end is freedom; when ●ll can equally partake of the same privileges and immunities, who are true citizens: whence T●rence styles it aequam libertatem▪ for which the Greek Orators have properly used the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as g In Domest. ● 59 Ulpian observeth. But the vulgar for the most part strangely insolent, prone to wrong, and ready to trespass against the Laws, bring in by a miserable proceeding, the worst kind of government an ochlocraty, the rule of Rascality. All these in their times did Athens feel, for they were governed by Kings four hundred eighty seven years: the last of which was Codrus, who in a fight between the Dori●nses and Athenians offered himself willingly to be slain, it being foretold by the Oracle of Apollo that the Dorienses should be conquerors unless the Athenian King were killed; he therefore clothing himself famulari veste n● posset agnos●i, says a Tus●. Q. l. ● Cicero, with a servants habit lest he should be known, put himself among the enemies, by one of which in a brawl he was murdered. After whom none enjoyed the name of King, b justin▪ l. ●▪ quod memoriae nominis eius tributum est, which was done in memory to his name. For after that, Archontes or judges ruled; in the Title 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Archontes, but in power Kings, whose authority was for term of life. These continued three hundred and fifteen years. These being ended, it pleased the State to choose a man, whose office should continue but ten years; seven succeeded each other, & made up the number of seventy years; who, because they abused their power, were made but for one year, called therefore c justin l 2. annui Magistratus, yearly Magistrates. These continued until Pisistratus, for a feigned fear of the seditious, begged a guard of the people for his safety. For when the faction sprung up. Of which I have spoken in the fourth Chapter, he cutting himself with lashes, and the Mules which drew his Chariot, went into the place of meeting, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and beseeching the people to afford him some defence against their violence, who did (but did not) assault him, procured a company of chosen Citizens who armed with clubs, not weapons, possessed the Castle, and so Tyranny came in, which Pisistratus enjoyed d Heraclides in Pol. thirty years, and deceased, leaving behind him two sons, Hipparchus, and Hippias, whom Heraclides calls Thessalus. Hipparchus was s●aine by Aristogiton, after whose death the Athenians lived under a tyranny e Herodotus l. 5. p. 135. four years, from which they were delivered by the help of the Lacedæmonians, the offspring of Al●maeon corrupting the Oracle, to the end that whensoever they came for counsel he should wish them to free the Athenians of that servitude. The Democraty came in eight hundred sixty eight years after Cecrops, established by Solon, who excluded the fifth rank of plebeitie from office or honour by a law, afterwards abrogated by Aristides. After this Pericles brought in an ochlocraty by weakening the power of the Areopagites. Then after the overthrow in Sicily the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or four hundred took upon them state, deceiving the people, as f Pol. l▪ ●. 57 Aristotle and g L●. 8. Thucydides affirm. For persuading them that they should reconcile Tissaphernes and Alcibiades unto themselves by that means, and that the Persian Monarch would afford supply for the war, they most willingly condescended to this motion in the one and twenty year of the Peloponnesian war. These Princes were called a ●lat in Al▪ 〈◊〉. p. 148. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Five thousand, though not exceeding four hundred. The reason is, because they boasted that none should be rewarded, but who bare arms; nor any admitted to public power but five thousand, such as with person and estate could be beneficial to the Republic. Their authority was granted by an b Xen. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 274. l. ●8. Act of the people, to which Theramenes was very forward, but after they were inducted none more ready to drive out; whereupon they termed him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cothurnum, from a kind of startup which did fit both feet. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. c Xen. p. 27●. The word may suit with a jack of both sides. These 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were constrained for fear of d justin l. 5. Al●ibiades to resign the right unto the people, and to go into wilful banishment. But when Lysander had overcome A●hens (the e Arist. Pol. l. 5. ● 7. Lacedæmonians ever affecting au oligarchy, as the Athenians a Democraty) he ordained these thirty to be chief. f Xen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 270. Polyarches, Critias, Melobius, Hippolochus, Euclides, Hiero, Mnesilochus, Chremo, Theramenes, Aresias. Diocles, Phaedrias, Chaerileos', Anaetius, Piso, Sophocles, Eratosthenes, Charicles, O●omocles, Theognis, Aeschines, Theogenes, Cleomedes, Erasistratus, Phido, Dracontides, Eumathes, Aristoteles, Hippomachus, Mnesithides. These began at first to put to death the worst and most abhorred, says g In 〈◊〉. Co●p. Sallust, without trial of law; but afterwards the good and bad alike; h Xen. p. 272. some for envy, others for riches. These to make their party firm chose about three thousand to whom alone they permitted to have weapons, disarming all the rest, to the end they might easily command their lives. But by their laws for they made so●e, styled i 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (which were nullified by a decree, as we shall speak hereafter) none was to suffer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, who was registered in the list of three thousand. So cruel were they, that the people fled into 〈…〉 Phyle a castle in the Athenian borders; and making an head, under the conduct of Thrasybulus, at last shook off this yoke, and remained free until the death of Alexander even fourscore years, whom Antipater succeeded; who in battle at the City Lamia gave the Athenians an overthrow; and gave them quarters on these terms that they should submit to a few Peers, whose revenues amounted to two thousand Drachm'es at least, the chief of whom was Demetrius Phalereus; that they should likewise receive a garrison into Munychia for the asswaging of riots and uproars. But four years after, Antipater dying, the City fell into the power of Cassander, of whom they often strove to acquit themselves. But in vain▪ For he brought them to such an exigency, that they were glad to come to composition. And indeed he dealt fairly with them, giving them their City. Territories, Tributes, and all other things, so that they would be confederates to him▪ that none, whose revenues come not to ten minae or pounds, should undergo any function in the Commonweal; and he should be their overseer whom he would be pleased to nominate. The man appointed was Demetrius Phalareus, a Vide Laert. in vita, & Stra bone ●. who made the City to shine in her full lustre, insomuch that they erected in honour of him three hundred Statues. He wrote a Treatise of the Athenian Republic, which had not time devoured, would have given no small light to my poor endeavours. After he in trouble and vexation had spent fourteen years he was put out by Demetrius the son of Antigonus surnamed Poliorcetes, who restored the ancient customs to them again. To him they ascribed such worship, as also to his father, that they changed the name of their judge from Archon into b 〈…〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Priest of the Gods that saved them, calling the year after his name, and adding * two Tribes to 〈◊〉. 〈◊〉 8. the Ten; whence the Senate consisted of six hundred▪ but five before, as c In Beren●e. Stephanus, But when Cassander had overthrown the son and father, such was the ingratitude and leviti● of the Athenians, that they forbade Demetrius to approach near their City. After this Lacharis played the Tyrant, and was expelled by Demetrius; whom they utterly cast off, assuming again the title of Archon. Demetrius dying Antigonus Gonat as succeeded, who in the nineteenth year of his reign put in presidiary soldiers to the City, which ten years after he took out. The Macedonians still kept some of the Athenians forces in this space. Demetrius Antigoni Gon. F. & Antigonus Doson, out of whose hands d Plut. in vita. Aratus the Sicyonian rescued the City, and made it stand by itself until Phi●, the last king of the Macedonian Monarchy except one, did some what shake it, as you may read in e Decad. 4. l. 1 Livy. But he was expelle●t by the Romans, who took the Athonians into league, with a maintaining of their ancient right. So they remained until the war between Mithridates and the Romans. For by fear they were driven to receive f Vide Appianum Alex. in Mithridatico, circa pag. 122 123. etc. Archestra●us▪ Mithridates his General, within their walls; against which Sylla laid siege, and captivated the City, whence proceeded 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a merciless slaughter▪ says Appian, that the g Plut. in vita p. 335. streets did run with blood. But the Laws were not much altered by this Conqueror; and therefore they lived in a near resemblance of their formet s●ate; infavour with the Roman Emperors. julius Caesar, Adrian, Antonius, Gallienus, in whose successors time, Claudius, the second of that name, this City was ransacked by the Goths, who when they had heaped up innumerable companies of hooks to burn● were dehorted by this reason, a Cedrenus Baptista Egnatius. Rom. P●n. l. 1. that the greeks, spending their time in reading of 〈◊〉, might 〈◊〉 〈◊〉 more ●nfit fo● war● Constantine the Great likewise had this City in high esteems, taking to himself the Title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as b In Oration● Constan●um Iulia● says, which in the words of Nicephorus G●egoras is c Hist. Rom. l. 7. p. 166. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) the Grand Duke▪ whom simply aftwards they called the d Hist. Rom. l. 7 p. 167. Duke of Athens, in that Historians time. Emperor's have taken them wives citizens of this place; and the e 〈…〉 daughters of their Dukes have been desired by that eminent rank. And indeed no marvel. For they were potent. Raineri●s Acciajolus is said to have taken the City from the Spaniards that inhabit Arragon, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; f Cal●o. hon. who having no issue male of his wife Eubois 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but an illegitimate named Antonius, by another woman, beq●athed by will Boeotiae and The●es to him, but Athens to the In the time of Betro Z●m came Ambassadors from Athens to do homage to the Venetian Senate. M▪ Leukenor in history and lives of the Venetian Princes. Venetians, from whom his son recovered it again. Nerius succeeded him in the Dukedom who thrust out Chalcocondylas his father. After him came in Antonius Nerius brother to the former Nerius. Now about this time we must know that Mahomet the son of Amurat the second got Athens, g Chalcocon. l. 9 p. 299. whose beauty and building he held in admiration; which when he had made his own, he continued the Title. For another Nerius from those above named dying, leaving one son an infant, his mother in the child's Title exercised Tyranny. This woman loved a Venetian Noble man (son to Petrus, Palmerius, to whose government the City Nauplium was committed, he is called by Chalcocondylas Priamus) who came thither for merchandise. Him by discourse and flattery she enticed into her love, promising that she would take him to her husband, and give up the Princedom of Athens unto him. But upon condition, that he would divorce his own wife. Whereupon the young man going to Venice slew his wife, swelling with ambition and thirsty of honour. Which being done, he returns to Athens, marries this woman, enjoys the government of the City; who being hated of the Athenians, and complained of at the Court, to avoid envy termed himself the Child's Tutor. And not long after taking the boy with him, went to the Court; where Francus Acciajolus waited, expecting to be promoted to the Dukedom. When the Emperor therefore understood the folly of the woman, he gave the title to him. Who being installed▪ imprisoned the woman at Megara, and afterwards (by means not known to the a Chalcocon. p. 300. Author) slew her. This Francus in time was taken away from men by Zogan governor of Peloponnesus, Mahomet having intelligence that the Athenians would have delivered the City to the Prince of Boeotia. He was the last Duke. LIBER SECUNDUS. CAP. I. Duodecim Dii Atheniensium Idololatria septifariam commissa. Dii Adscriptitii. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Herodotu in a Pag. 48. Terpsichore is of opinion that the greeks derived their religion from the Egyptians. But b In Tractu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. ●●9. Plutarch doth stoutly deny it. And not without good testimony may I affirm that it seems to be a falsity. For Orpheus is thought to have brought the mysteries of piety into Greece; who was himself a Thracian, from whom the word c Sch. Eurip. in Alcestis. pag. 66 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is supposed to be drawn, which signifies devotion. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in 〈◊〉. 1. Nonnus. They called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to worship God, etc. Appositely to which e Pag. 2●. Aristophanes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Orpheus showed us sacrifices and to abstain from slaughter. Nether is f ●▪ 281. Euripides disagreeing in Rheso. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Orpheus revealed the hidden mysteries. Herodotus names not the Gods, the worship of Whom the greeks might borrow from the Egyptians; Twelve in number they were, quoth he, but these only are reckoned. jupiter. Bacchus. Hercules. Apollo. Mars. Pan. Diana. Isis or Ceres. Sais or Minerva. Latona. as I have gathered, which all at once to have been made known to the greeks, and that by the Egyptians is too hard a task for me to prove. The Athenians I am sure had twelve Gods in especial honour, whose g Paus. Attic. p. 3. l. 18. pictures they had drawn out in a Gallery in Ceramicus; and had an Altar erected, called h Plut. in Ni●a. pag. 387. l. 26. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, on which a little before the Sicilian war, a man dismembered himself with a stone; which was accounted prodigious. By these twelve would they swear in common discourse. i Aristoph. Equ. p. 300. A. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The heathens thinking that they did honour those Gods, by whom they swore; as I have elsewhere spoken. But they were not confined to so small a number as twelve. For how could it be, when they ran through the seven sorts of Idolatry? First worshipping the Sun, & punishing with death the neglect thereof; as you may read in Vide Bo●num in Demonologia Plutarch in the life of Pericles. Secondly, deifying the effects of God▪ as bread, etc. For Clemens Alexandrinus interprets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Ceres, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, corn or food. Thirdly the poetical Gods. Furies, and revengers of wickedness, as Alastores. Palamnaei. Fourthly, the Passions, as Love, Pity. Injury likewise and Impudence, to whom Epimenides built an Altar at Athens. Fiftly the accidents of growth and nourishment, hence Auxo, and Thallo two deities, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to increase, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to flourish; to which may be put Clotho, Lachesis, and Atropos, the three fatal sisters, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Necessity, taken sometime for death itself. 6 lie, the theogony or pedigree of their Gods, able to makeup the sum of which Homer speaks. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Three thousand. Seaventhly an ignorance of the providence and bounty of God toward them, feigned Hercules the repeller of evil, and Aesculapius the God of Physic. And if this serve not, I can add an eighth way, namely hospitality and good entertainment of strange Gods. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. says a Pag. 471 Strabo. as the Athenians love foreigners, so foreign Gods. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. b In Panath. T●▪ 1. p. 1●. Aristides. For they serve not only the most ancient Deities, in a peculiar manner above all their followers, but have assumed adventitious ones; such as c Strab. p. 587 Orthane, Conissalus, and Tychon. So prone were they to conceive superstition, that when d Act. Apost.. ●. ●7. v. 18. Paul preached jesus and the resurrection of the dead; they forthwith deemed Anastasin, or resurrection to be a God. And lest they should omit any, they erected Altar to the unknown Gods, of which e In Attic. p. 1 l. 35. Pausanias. Neither may we doubt of it, the scripture bearing witness. The cause of this they say to be a fearful vision appearing to Philippides, sent Ambassador to the Lacedæmonians concerning aid against the Persians, and complaining that he ( f Vide Eurip. Sch. ●n Med. p. 4●2. Pan, from whom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 spectrum) was neglected and other Gods worshipped; promising likewise his help, they therefore being victorious, and fearing the like event, built a Temple, and Altar TO THE UNKNOWN GOD. Another opinion is, that a plague being at Athens hot, and the people finding no help from the Gods they implored, surmising some other power to have sent the disease, whereupon they set up this Altar, on which was written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. TO THE GOD'S OF ASIA, EUROPE, AND AFKICA, TO THE UNKNOWN AND STRANGE GOD. As justin g Pag. 137. Martyr and Oecumenius. Much may be said of their Tutelar Gods, both for their Cities and houses, much of their Heroes or Demigods. We will view them in order. CAP. II. jupiter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Modii salis edendi, Tessera hospitalis seu Symbolum. Apollo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Poean, & eiusdem verbi origo. Mercurius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Above other of their Gods jupiter was had in high esteem. And that commanded by the Oracle. For when the Athenians were bidden to dissolve their kingdoms, they were charged to make choice of jupiter, a Sch. Aristop. p 122. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And so by b In Nubibus Aristophanes he is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Him they worshipped as Precedent of Law and justice, under the name of jupiter c Dem. in Mid. p. 251. Nemius (different from that of Corinth named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) Him as God of supplicants, hence d Ulpian in Dem. p. 273. Paus. p. 18. l. 40. Who thinks Sylla to be eaten with louse by ● judgement▪ that slew Ari●on suppliantly flying to the Temple of Minerva. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Him as Protector of Cities, hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Him as Governor and director of their counsels, hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Him as chief of their Societies, hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and of their friendship too, hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of kindred likewise, hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To him they ascribed Thunder, henc e Aristoph. A. umb. p. 626. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as much as coming down in thunder. To him they thankfully acknowledged their delivery from the Persians, wrought by Themistocles, hence f Plut. & Paus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Him they confessed the greatest of all, hence g Pausan. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Him the overseer of their buying and selling, hence * Aristoph. p. 317. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To him stood an Altar sacred in the courts of their houses, hence jupiter Hercêus, f●om 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a wall, as if he were the watch and defender of the house. Phavorinus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. There was also an Altar to him before the gates, of which h Metamorph Ovid.— Ante aedes stabat jovis Hospitis ara, hence jupiter Xenius, as if he were the God of strangers and hospitality. So solemn were they in their entertainments, that they would not receive a stranger without great ceremonies, such as giving of the right hand each to other i Eustath. in 〈◊〉▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a most certain sign of fidelity, and security; as also washing and cleansing with salt, or salt water, as 〈…〉. Tz●zes on Lycophron; whence it is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Salt they highly esteemed of, ever upbraiding violated hospitality with De●osth. p. 24●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. where is the salt? And yet it may be thought to be said of the community of the table m Tzetzes in ●oph p. 28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, customs showing that fellow commoners, and such as feed of the same table must not injure one another, to which the old saying may well agree, n 〈◊〉. de A●. Eu● sa●es 〈◊〉 it ceton love permanent. For 〈◊〉 preserves 〈◊〉 as it is ●de of many let in o● water, so they wh● co●e ●ro d●vers places by h●itality are male one. 〈◊〉 p. 100 multos modios salis simul edendos esse, ut ●micitiae 〈◊〉 expletum sit, Men must eat many bushels of salt together, before they can be perfect friends; meaning that friendship is not to be soon established. But I take ●alt▪ of the lustration, to which also they added fire, as you may see in o In Acha●. p 414. vide 〈◊〉. Aristophanes. Neither was this all, for they sacrificed moreover, calling jupiter to witness, and using these words in the time of sacrifice. p Eustath in 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Let my trespass be against jupiter Xenius, if I offend, contemn, or neglect strangers. And for the continuation of this even to their posterity they were wont to cut an huckle bone in two, the one party keeping one piece the other party the other half, that when occasion or necessity should make either of them stand in need of other▪ q E●rip. S●h. p. 44●▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, bringing with them their half hukle bone they might re● new their hospitality. This they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Symbolum a token▪ which sometimes they would send to their acquaintance in others behalf, as jason in Euripides offers to Medea to do. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And to send a Symbolum or token to strangers that shall courteously entertain you. But of this enough, as also of jupiter, whom celebrated in As 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 etc. other Epithets I know by the Athenians. Apollo was next in request to jupiter, invocated in danger or sudden events, hence b 〈◊〉. 〈◊〉 p▪ 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to turn away, as if he should deliver them from eminent evil, for which reason he is called Alexica●us. c Macrob. Sat. p. 253. Apollinem aspellentem mala intelligas, quem Athenienses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellant. He was one of the first Gods they had, hence is he termed d A●stopli. N●b. p. 20●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but e A●stop▪ S●h. p. 611. g. others think because he was the father of jon. f Satu●. 1. p. 257. Macrobius is of opinion, because the Sun the same with Apollo is the Author of progenerating all things, quod sol humoribus exsiccatis progenerandis omnibus praebuit causam. To him stood Altars in their streets, hence is he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as if he were set over their ways g Macrob. Sat. 1. c. 9 Illi enim vias, quae intrapomaeria sunt▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This Agyeus was a sharp pillar. h Scholar Eurip Phae. p. 322. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Although the greeks, as i Sat. 1. c. 9 Macrobius says, did worship him as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, exitus & introitus potentem, one that kept the doors of their houses, yet I find no monument of that Title in Pausanias. Famous he was for the name of Paean, of which though I have taken occasion to speak elsewhere, yet this is a most proper place. I will not trouble you with the trivial derivations of the greeks, which you read in k In sin. lib. 14. Dip. Athenaeus. When the Atbenians asked help of the Oracle at Delphos against the Amazons, in the days of Theseus, The God bid them implore his succour in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. l Macrob. Sat. l. 1. c. 17. pag. 253. Hanc vocem, id est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, confirmasse fertur Oraculum Delphicum Atheniensibus, pet sntibus opem' Dei adversus Amazonas, Thesco regnante. Namque inituros bellum iussit his ipsis verbis semetipsum auxiliatorem invo●ari, hortarique. I doubt not but the words are changed somewhat, especially if we consider the ancient Io Paean. Paean says the m In Pl●t. pag. 68 Scholiast of Aristophanes is a song or hymn praying for the ceasing of a plague, or war, nay for the preventing of apparent hurt The original of Io n Graec. Trag Scaliger hath already found, jao, and Io being contracted by the greeks for jehova; Paean then come▪ from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to look, so that Io Paean is in force jehova Penoh LORD LOOK UPON US▪ 〈◊〉 being a craft of the Devil to come as near as possibly he may to God, so to bereave him of his dear honour, if he could. The remnants of these words the o Vide Sir Fr. Drake. Symerons a people of the West Indies use, who in their fight dance, and leap, and sing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pe●o, at this day. Mercury is hallowed by the name of 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, deemed to be the God whose favour could enrich Merchants and Tradesmen. He is the God of craft, so by consequence he that is cunning to cheat may soon grow rich, wherefore this God is termed A●stop. 〈◊〉▪ p. 2●0. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Very profitable, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an augmenting word, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to profit. He had a statue erected to him in the Market place called A●stop. 304 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The entry of their houses was sacred to him, from which he is named b ●aus. p. 20. l 35. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to turn, because he was set up behind the door to keep away thieves, that were wont to lurk thereabout, and then afterward commit their villainy. More of his names you may read in c 〈◊〉. 1 〈◊〉 Aristoph. Scholar CAP. III. De Saturno, Vulcano, Neptuno, Marte, Hercule. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. S●urne was worshipped by the Athenians, witness the feasts kept in honour to him called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; witness a d 〈◊〉 p. 〈◊〉 〈◊〉. Temple which he had in Athens. Of his antiquity I cannot much affirm any thing. He seems to have been of old, as I conjecture out of e 〈◊〉 p 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Saturninae animae, put for dotage proverbially. Vulcan likewise had his honour there, and a Temple, of which f 〈◊〉 3●. n. 2● Demosthenes; where was one of the Athenian prisons; some controversies in law in it decided, as I gather out of g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthenes. Neptune was an ancient Patron of this City, which he loved even to strife. He was feared for security in navigation, hence h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i A●stop. p. Mars also had his worship, and Temple, and Hercules too, who in a dream appeared to Sophocles, revealing unto him the sacrilege Paus. p. ●. l. ●7. of one who had stolen a golden cup out of his Temple▪ called therefore Mn● or Index Hrrcules, as k De divinati● 〈◊〉▪ Tully. Neither were they contented with such a quantity, but canonised more daily, as the sons of Tynd● us, Castor and Pollux, naming them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut. Thes. ● 〈◊〉. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For they who have a care & watch of any thing do diligently observe it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For which Kings perhaps are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as keepers of their people. m In Hipp●l. p. 5●. The Scholiast of Euripides teaches us that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 properly signifieth a Saviour. So Pan is said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Tutelar God of Cyllene. And Apollo in n 〈◊〉. ●. Homer. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The word is simply put for God in o ●n A●. pag. ●▪ ●. Aristophanes, p 〈◊〉 S●▪ p. 〈◊〉▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To these may be put Harmodius and Aristogiton. Lycus. Theseus. Alon. Hesychus. Aristomac●us the Phyfitian. Celeus and Metanira. And many more (of whom see q 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Meursius) made of Men, as Silanion and Paerrha●ius that made the statue of 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Tho●us. CAP. IU. De Minerva, C●rere & Proserpina, Barnes. Venere. 〈◊〉▪ dibus, Hecate, Iu●ne, Promethe●, etc. Minerva the especial deity of the Athenians, had the Festivals called Panathenaea, of which you may fully read in 〈◊〉 〈◊〉 Meursius. Next to her Ceres and Proserpina, whose rites long maximis & occultissimis ceraemoniis continentur▪ a In Verrem. ● says Cicero▪ were greatest and most hidden: therefore called mysteria from b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to hide; c 〈◊〉 〈◊〉 〈◊〉. death and a curse lying on him who should disclose those abominable secrets. See Meursius in his d Cap. 7. Eleusinia▪ of the initiation into these stews. They were of two sorts. e Austop. S●h. p 85. Greater to Ceres, less to Proserpina. Bacchus also the son of Ceres had his Temple allotted and a double tide holy to him. Dionysia f Aust. p. 222. parva and g Idem. p. 123 Magna. Venus had her honour, and sacrifice in which they offered to her h Clem. Alex. p. 19 money the price of an whore i Vide Aesch. 〈◊〉 Eumen, & S●h. Soph● O●d Col▪ Eumenides were first adored by Orestes after he escaped the judgement at Athens in Ariopaguses for killing his mother Clytaemnestra. These by k In Theogo 〈◊〉. Hesiod are called Erinnyes, by the Athenians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the venerable Goddesses. To these they offered drink offerings, l Paus. p. 27. l. 3. without wine though at midnight, a custom peculiar to them alone, as m In Eumen▪ p. 275. Aeschylus witnesseth, though I am not ignorant that n Aristop. p. 228. Bacchus his feasts were kept in the night, whence he is called Nyctelius. But the Tragedian. Loco ●tato. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Scholiast: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. By p In O●dipo▪ Col. p. 271. Sophocles the manner of oblation is set down. First having clean hands and pure, the worshipper ought to draw out of a running fountain water, and having filled three cups with water and honey (hence termed q Aeschylus 〈◊〉 praed. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) the mouths and ears of which are to be covered with the wool of a young sheep, turning himself towards the East, he poured out some of two of them▪ but the third wholly; then with both hands setting thrice nine branches of Olive on the place where he cast his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he uttered his conceived supplications. Other sacrisices they had as shall be shortly spoken. r Vide Interp. Hor●n illud Diva trifor mis. Hecate was worshipped by them in triviis, where three ways met, supposed to be the Moon in heaven, Diana on earth, and Hecate below. s Aristop. Sch. p. ●3. To her the richer sort every new Moon made a feast in the cross ways, setting bread and other provision▪ which the poor greedily fed on▪ and were so ravenous after, that t Pag 64. Penia in Aristophanes complains, that they snatched it, before it could be laid down. Reference to this hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to eat the cates of Hecate, in u In Orat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 693 ●. 59 Demosthenes, which he seems to object, as a sordid or wicked thing, Indeed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifies one that privily taketh away any of the sacrifices from the Altar, imports sometimes impious, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Scholar * In Nubes p. 176. Aristoph. And yet the same Scholiast tells us that the needy sustained themselves by the sacrifices. x In Plut. 63. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. juno's rites were performed in great pomp with hair over their shoulders and down the back, in a vesture that swept the ground, their arms bedecked with glorious bracelets, their paces so minced, that a Vide Schottum in Proverb. Isaacum Casaub. in Athen. l. 12. c. 5. p. 38●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, junonium incedere is to go stately. Prometheus was worshipped in a kind of Torch-dance, or running with links or lamps, it may be in memorial of the fire, which superstitiously they believed him to have stolen out of heaven. To say more of their Gods were needless either for you to read, or me to write. More they had, among whom Pan was of a latter making, introducted by b Cl. Alex. p. 22. Philippides, and * Plu●. A●st. p. 240 l. 30. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sphragitides Nymphae, after the Persian overthrow. CAP. V. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Phacasiani Dii. THE Athenians before their doors erected statues which they called c Vide H●sychium & Dionysium Petavium in The mistium. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because they were exposed to the Sun. Neither had they these alone, but certain others sacred to Mercury, named from Hermes Hermae▪ Mercurial. The fashion of them was diverse. For first they were not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, porrecto veretro, but made after to that form by the Athenians, who received it from the Pelasgi, as d In Euterpe. p 48. Herodotus. Neither did they want legs, until the Athenians made them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, according to e In Attici● p. 22. l. 14. Pausanias. The manner was this. A face of Mercury set upon a pillar of four corners. The head only and neck were shapen, and therefore it was called truncus Hermes, f S●t. 8. v. 52. juvenal, Nil nisi Cecropides, truncoque simillimus Hermae. Nullo quip alio vincis discrimine, quam quod Illi marmoreum caput est, tua vivit imago. For which reason likewise the greeks name them g Vide Vip●an. in Dem. p. 3●2. & G. Langbame 〈◊〉 Notis ad Longinum. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, without limbs. On the lower part of them were certain verses engraven, containing the praises of some well deserving men; but the Hermae on which they wrote the exploits of those that had merited, seem to me to have been set up in that gallery, which from the number of these images was commonly known by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the gallery of Mercurials. At the consecration of these they used some ceremonies, and sacrificed alkinde of gruel, which was of no great preparation; Because they would not stand long about it. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be said to sacrifice with that which costs but little. h Pag. 693. Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Scholar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in Pace. Now to the erecting of their Images it will not beunseasonable to add something of the form of their Gods; whom they made standing with their hands upward, as if they were more willing to receive then bestow any thing. To which a 〈◊〉 〈◊〉. 4●. Aristophanes alludes, saying,— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Even the Gods you shall know by their hands and statues. For when we pray them to give us some good thing, they stand with their hands upward, as if they would send down nothing, but rather take oblation. To tell you likewise that these Idols were clothed, is no news doubtless to one meanly versed in the Greek antiquities. To say that they wear shoes too, is probable, whence they are named Di● Phaecasiani, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a kind of low shoes which the Athenians called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, dust, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the foot, because they were near the ground. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says b 〈◊〉 2▪ 11. p. 1●. Clemens Alexandrinus. But more sure I am that they were pictured with them on their ●r. c S●t. ●. v▪ 〈◊〉 juvenal. Hic aliquid praeclarum Euphranoris & Polycle● Ph●casianorum vetera or nament a Deorum. CAP. VI De Superstitione Atheniensium, & vaticiniis. LOng since were the Athenians taxed by the Apostle for superstition, which though it properly signifies d Donat. 〈◊〉 Ter. p. 6●. a worshipping of the Gods too much, yet under it these follies are comprehended. Purification after fearful dreams, in e Ra●s p. 2●4 vide & Aesch. in Persis. Aristophanes' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In which sense some understand Persius. Noctem flumine purgare. Wearing of rings against witchcraft as a spell, called f Aristop. Pl. p. 8●. ●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. g I●noph. 〈◊〉 p. 49. Spitting into their bosoms thrice at the sight of a mad man, or one troubled with an Epilepsy. Of which also Theocritus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I know not whether the custom of our silly people have reference to this foppery▪ who use to spit at the naming of the Devil. Certain it is that anciently they did spit in defiance, hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is put for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to contemn or set little by, as the h 〈◊〉. Scholiast of Sophocles on these words, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Washing with water the head as often as he shall go into the streets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; i Charact. Theophrastus. Anointing of stones, divers it seems from those heaps sacred to Mercury, termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This hath been of old. Done indeed as a token of thankfulness by k Gen▪ ●8. ●8. jacob in Bethel, where he took the stone that he put for his pillows, and set it up, and poured oil on the top of it, in his journey to Padan Aram. Hens crowing, the bold entrance of a black dog into their houses, Serpents seen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Theophrastus, of which a In Phor. Ac. 4. S●. 4. Therence. Introiit in aedes ater alienus canis. Anguis per impluvium decidit de tegulis. Gallina cecinit. Put to these a b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theoph. Cator Weasel (the word signifieth both) crossing his way, the Mouse eating his salt bag. Not unlike them now adays, whose clothes the Rats or Mice shall chance to eat, deemed not long after like to live by our ignorant, or that he shall have great ill betide him. Add the avoiding of obsequies for fear of pollution. Antiquity was of opinion that sacred persons were defiled with the sight of the dead, as Chemnitius hath observed, and c 〈…〉 Euripides brings in Diana speaking that it is not lawful for her to behold dying Hippolytus. Nay the standing upon a grave was a great religion; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Furthermore observing of days good & bad, of which d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hesiod, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that one is a stepdame, another a mother. e 〈◊〉. 〈◊〉. Amazement at the Eclipse of the Sun, as also the f ●Line Moon; not knowing the reason, why she did lose her light, at that time, when she was in her full lustre. Buying of Medicines or enchanted stones for the quicker delivery in childbirth, in Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of the virtue I speak nought. g Lib 4. c. 11. Boemus relates that in Darien in America the women eat an herb when they are great with child which makes them to bring forth without pain. join to this the sneezing over the right shoulder, or the rightside, h 〈◊〉 〈◊〉 〈◊〉 l. 2 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Observation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or sudden storms, as the i In A●h. p. 37●. & p. 4 24 Sch. of Aristophanes interprets it, snow, hail, or the like. k 〈…〉 Cutting off their hair, and sacrificing it to rivers, as Cephissus, Marking the flight of the owl, whence came the proverb, l 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The Owl hath fled. And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for good luck▪ The Owl being a token of victory to the Athenians. m Zenobius. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. They ever accounting it so since the war at Salamis, where the greeks seeing an Owl took courage and beat the Barbarians. Appendix Uaticana. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Other madness of theirs was sleeping in the n Aristop. pp. 44. 66. T. 438 Temple of Aesculapius, who were ill at ease, supposing the deity to give, or show them a remedy, o Petronius. for which in gratulation they were wont to offer him a cock. If I mistake not. What shall I say of p ●lian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. l. 5. c. 1●. putting him to death who should cut down an Oak or an Holm (so Ilex which in Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be taken, I think it an Holm) in the Heroum; And punishing Atarbes capitally who being distracted had slain a sparrow sacred to Aesculapius? Thus far have we gone. Let us proceed to their vaticinations or prophesyings. Aeschylus brings Prometheus on the stage, vaunting how first he taught men * Vid● 〈◊〉. pag. 32. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. All which were practised among the Athenians, as you may read in a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. mi●o. Xenophon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the interpretation of dreams, is a resolution of those doubts which we conceive of things offered to our fancy in sleep, as that of Hecuba dreaming that she should bring forth a firebrand; and that of Atossa before the fall of her son Xerxes, whom she saw striving to yoke the Barbarian and Greek woman, one of which overthrew him. This the ancients termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Aeschylus, ascribing much to the truth of them, supposing them to be sent from a Deity— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. b Iliad. 1. Homer. The skill in them is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, c A schy. Pro. p. 33. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) to truly tell the event. Which was no small art, certain books written of that subject. d Eust. in Il. a p. 36. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Artemidorus his Onirocritica. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Soothsaying by birds when such or such fly either before or behind him, at the right or left hand, to show what it doth prognosticate. e Pag. 33. Aeschylus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It was formerly styled f 〈◊〉. T. 3. p. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the mind doth suggest to the opinion. It is put for any divination in Greek writers, but most properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which g Nonnus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. l. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Telegonus is related to have found according to Nonnus, but according to h Nat. hist. l 7 c. 56. Pliny, Car, whence it is called Caria. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, looking into the Liver or entrails, like the Latins extispicium, observing the colour of them, Aesch. loco 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; as likewise the soundness, hence taken as a prodigy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in k Pag. 357. 〈◊〉. Plutarch, the extremity of the liver (like the outmost parts of the vine leaf, says I●idor) not to be seen, or rather that which they call the head, Ovid, caesumque caput reperitur in extis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in marking the flame of the sacrifice burnt, l Aesch. loco citato. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Tragedian calls them, by which they could foretell events. More doubtless had they ways of witchcraft, as the other Greeks. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as when one shall meet you carrying such or such things, than this shall befall you, Aeschylus terms them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. See Scaliger in Tibullum, on these words Puer è triviis. The Scholiast of a In Au. p. ●74 Aristophanes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, They made, quoth he, whom they met first as it were tokens of good hap. Whence it may be came up the salutation, which b In Oed. 〈◊〉 Sopho●les calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, wishing luck, as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Greeks, and the Latins c Ov●d. Fast. Est o bonis avibus visus etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is put likewise for sneesing, or the conjecturing at them. Sternutament●m being accounted a Deity by the Romans, but sacred to d Sch. Aristop. loco citato. Ceres, as the Greeks, whence proceeded that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which we imitate in our God help you, as often as we see any man so purging his head. Which not to have proceeded from any deadly disease, is sufficiently evinced by Casaubon on Athenaeus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, at the sight of a Mouse, Serpent, Cat, or the like in the house, or when the oil cruse is dry, honey, wine, water is spent, to guess at future things. Of this e Nonnus in Na●. Xenocrates wrote. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Palmistry, when by the length of the hand, or lines of the table, they can judge of freeness in housekeeping, of marriage & posterity, of which f Nonnus. Helenus once left a monument. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, gathered out of the shaking of the parts of the body as the shoulder, thigh, or right eye, in which kind Posidonius was an author exposed to the world. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as that wherein the Witch of Endor was experienced, out of the lower parts of whose belly the Devil spoke. The first that practised this among the Athenians was Eurycles, hence they who are possessed with this spirit of prophesying are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Euryclitae as the g In V●sp▪ 〈◊〉 〈◊〉. Scholar of Aristoph. who calls this ar● h 〈◊〉. p. 502. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the divining of Eurycles. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, where after solemn sacrifices they were wont to call up the souls of the deceased, demanding of them what afterward should befall. As i De Mag●s Inf. l. 2. c. 11. Wierus. And no wonder, for they held the spirits of their parents and kindred for Gods, quibus sacrificabant k Daemonomamae l. 2. c 3 (sails Bodin) & ad quorum sepulchra comedebant, in quos scriptura invehens ac detestans, inquit, & comederunt sacrificia mortuorum, to which they sacrificed, and at whose sepulchres they fed, against whom the Scripture in veighing & detesting speaketh, And they ate the oblations of the dead. Of this l In Avib. P 613. a. Aristophanes makes mention, & m Lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer in his Odysseys. This is that which most properly is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lamentation, by Wierus termed dirae execrationes, a Nonn in Naz. for with great mourning they invocated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, wicked Gods for the accomplishment of their devilish designs. It may most fitly have the name of Nigra Magia, b Vide Bodin. for so the Wizards divide them into the black and white Magic. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from whence the word Magic is derived seems to have been found by the c Vide Non. Medes & Persians, whose Priests were called Magis, great Philosophers as d In Prooem. Laertius is witness. This is supposed to be the good Magic. e Nonnus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is a giving of philtrum, a medicine for the procurement of love, or rather enraging of lust, by bewitching something and giving it to be eaten; which to have power over swine is credibly reported. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tricks with a pair of shears and siue, of which Theocritus. f Vide Odyl 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To take council of an hatchet, taking it & laying it on a piece of timber flatwaies, which did the feat by turning round. Like to which is that naughty use of a key and Bible. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the casting of the dice to ask the number of wives, children, farms, etc. which answer to the quantity of the chance. g Vide Theocrit. in Phar. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 done by corn, h Delrio Disqui Mag. l. 4, c. 2 q. 5. sec. 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by taking the letters of the name, as when two were to fight, and by the value of them to judge the conquest, As they said of Hector's being overcome by Achilles. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, making a circle they divided it into four and twenty parts, and on each part made a letter, and putting wheat upon the letters they brought in a Cock, and observing from from what letters he t●oke up the grain, they at last joined them together, and so knew their successors, husbands, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, opening a book of Homer and by the first verse that they lighted upon to divine, as that of the death of Soerates, who so foretold it, meeting with that verse of Homer, which speaks of the arrival of Achilles within three days at Thessaly. Wie●▪ de Mag●▪ Inf. l. 2. c. 1●▪ Ft quoniam poemata pro vaticiniis, etc. and because poems were accounted prophecies, as Poet's prophets, they were most busy in them. Hence in public causes had the Romans recourse to the Sibylline Oracles, & the private Grecians to the verses of Homer. And that Sors was put for the writing of Oracles, is manifest out of the words Sorts Delphicae, for foretelling or divination. a Vide Sch. A●st. in Plut. I know the she Priest of Apollo being inspired with akinde of holy fury spoke to those who asked counsel. Whence the word b Aristid. T. 3. pag. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at this time read for Soothsaying, was anciently called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 madness. And yet that their cunning men had a kind of lottery, is as clear as day, the c In Hippol. p. 580. Scholiast of Euripides testifying; done it seems in matters of question, so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may intimate as much as to undergo trial. Predictions there were, d In Il. a. p. 36. saith Eustath, out of signs and wonders, as also of the noise that leaves make when they are burned. To which some add 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or divination by the air, quoting for it Aristophanes in Nubibus, which I now remember not. CAP. VII. De Templis & Asylis. THeir Churches were of two sorts; sacred to their Gods in Greek, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And sacred to their Demigods most properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But the word is promiscuously used by the Tragedians. Clemens Alexandrinus is of opinion that the first original of their Temples was the erecting of an edifice to the honour of the deceased. e V●de p. ●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cecrops buried in the Acropolis, Ericthonius in the Temple of Minerva Polias, the daughters of Celeus in Eleusiis, etc. They were divided into two parts, the sacred and profane, this called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. f In Theop. Charact. Casaubon telsus that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was that holy water set at the door of the Temple, with which every one that entered into the Temple besprinkled himself, or was besprinkled by those that sacrificed; of which in the next Chapter. But others have written that it stood at the entrance of the Adytum, into which it was not lawful for any but the Priests to come. The g In Ded. ●yrannum. Scholar of Sophocles thus describes the Church. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quoth he, is the place where the Altar stands. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Altar on which they offered their oblations, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, where they placed the Idol which they worshipped; in ancient time a rude table or stock, a Protreptico p. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Clemens Alexandrinus calls it, as that of juno Samia, afterward made in the magistracy of Procles to be a statue. At first named▪ b Idem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the shaving of it; but when art began to be so expert as to make it resemble a man, they termed it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mortal is, whose shape it bore At the setting up thereof they used these ceremonies: That a woman neatly trimmed and decked in a purple vesture, should bring on her head a pot of sodden pulse, as beans, pease, and the like, which they sacrificed in thankfulness for their first food, c Scholar Arist. p. 115. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For as much as I conceive out of Pollux, they prayed not where this was consecrated, or did divine honours, but in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the body of the Church, framing, as may be gathered, their gesture towards it. d Lib. 1. c. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Furthermore belonging to their Temples there was a kind of Vestry, in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by some translated summum templum, as if it were at the upper end. This seems to have been a Treasury both for the Church, and any soever, who fearing the security of his wealth would commit it to the custody of the Priest, as e Laertius in vita. p. 122. vide ad ●um locum Cas. Xenophon is reported to have done at the Temple of Diana in Ephesus. Martial points at this when he says, Templa vel ar●ano demens spoliaverat auro. So reverently did they esteem of these houses of their Gods, that to do those offices of nature, I mean venting of excrements too shamelessly seen among us, in the Churchyards, as I may call them, was an abomination; punished severely by Pisistratus. For when he had taken tribute of all that the Attic ground had brought forth, they so hated him for that taxation as they made the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Temple of Apollo Pythius a ●akes; which although forbidden never was redressed. And yet so secretly was it done, that he could apprehend none save at last one stranger, whom he caused to be whipped, with this proclamation, THAT BECAUSE HE CONTEMNED THE EDICT HE SHOULD DIE. Hence to a man that sound smarted for his wickedness, they were wont proverbially to say, He had better have eased himself in the Pytheum, or if there were more, in the plural number. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nay so honourable held they these Churches that to them they granted privilege of Sanctuary, to which who should fly, might not from thence be drawn out under a trespass upon religion. Of this kind was the Temple of Minerva, and Theseus, the Altars of the Eumenideses, and Mercy, a V●d Ros●n. whose, image they would not have erected any where in their City, although in the midst thereof she had a Grove. b Polyd. Virg. in Eurip. they are presented setting ●eere the Attar. T. ●. p 472. The first Asylum among the Heathens is held to have been in Athens, built by the Heraclide▪ CAP. VIII. De Sacerdotiis. OF holy orders among them I conceive to have been diverse sorts, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Parasiti, a word had in latter times in great derision, exagitated almost in every Comedy, put for a shark or smell▪ seast, c Terent. Edax Parasitus. But held once in good esteem. For when they had set aside such a parcel of ●and as they thought the revenues thereof would suffice for the sacrifices of such and such Gods, they chose certain men who should receive or gather the harvest. Crates, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. d S●un. A●t. Dialecti. apud Athen. p. 235 With the incomes of this were the charges of those public sacrifices defrayed. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Introitus magni, great yearly substance, is used for great sacrifice in e Avib. p. 581 Aristophanes. Scholiast. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ceryces, the same signifies a crioe, but in sacred functions a Minister, who slew and offered the victim. f Apud Ath. l. 14. p. 661. Anthenio the Comedian ascribes much honour to them, as if they had first taught men to seethe victuals, the flesh of sheep and oxen, while before they devoured each other raw. They take their name from g Vide Salm. ●n Inscript. Pollucem. l. 8 Ceryx the son of Mercury and Pandrosus. But h In Athen. lib. 15. c. 23. Casaubon, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A praestantiore partemu●eris quod obibant, sic dicti. Idem namque & hostias mactabant, adolebantque, etc. They in the time of divine rites craved the silence of the people in these words, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Be whist all ye people. Good words, for so i Casaub. in Theophrast. p. 321. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies, as well as to say nought▪ which Horace fitly interprets when he sa●es, Mal● ominatis Parcite verbis. When sacrifice was ended they dismissed the congregation with these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To which custom he unfitly looked who derived the M●sse from M●ssa est, ite, better fetched in my mind by a In lib. quem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sc●psit de Sacrament. Wechelius from Mas●h the Hebrew which avails as much as to praise, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the same with b M●ursius E●. 13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉), who intiated them who desired to be admitted into the society of the superstitiously zealous (who after they were entered, were not under a year complete, permitted to see their Babble) c In Stel. 1. p. 63. Scholar Naz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hierophantae so called from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. opening the holy things. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. d L. Mounta●. of Ch●chester The learned Bishop, upon that place of Nazianzen, notes that Moses among the Israelites was an Hierophanta, showing unto them what they were to do in those sacred businesses. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they who lighted the fire of the Altar, whose office made them safe in ware and danger. Hence of bloody fight we say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, N●ignifer quidem, there escaped not he that served at the Altar. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Priests in the Great Mysteries, ten in number. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom e In Alexaph. p. 14●. Nicander calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from f Aristop. S●. p. 125. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. to be decent, because they kept the Temples clean, and swept them as jon in g T. 2. 〈◊〉. 62 1. Euripides speaks. These were the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whose charge it was to preserve that which was sound in the Church, and to see that repaired which went to ruin, says h In Politic. Aristotle. And yet we read that the Parasiti did sometime look to the mending of it. There being a law enacted that what they laid out should be restored again. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in i In Plut. p. ●1 Aristophanes likewise termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. These are the Priests ever waiting on the Gods, k 〈◊〉. ●n Theoph. whose prayers the ancient required at their sacrifices; out of which they had a fee, l 〈◊〉 p. 481. the trotters and skins, as the m 〈◊〉. p. 101 Ceryces the tongues. And indeed there was no necessity, For there being tables in their Temples, as Casaubon teaches us, whereon they might lay their oblations, (& perhaps sometimes depart) of which the Priest according to his stomach did share. Well known to n In Plut p 71 Aristop. who relates the like of the Priest of Aesculapius. It was requisite to this function that they who undertook it should be sound both wind and limb, they being asked 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before their creation, whether they were whole in every member: which ceremony to have been used among holy orders of latter days is well known, their neighbonrs wives bearing record, says a In Aristoph. Christian●, that they have not taken into their societies quid mutilum. There were moreover she Priests as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in Demosthenes, and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom in all things b Antiq. l. 2. n. 3. Dionysius Halicarnasseus compared to the vestal Nuns. CAP. IX. De Sacrificiis. THE father of Philosophy is of opinion that Sacrifices first began after the ancients had ended their harvest. For then being free from care, they found time for mirth and jollity. In which they offered their first fruits called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from whence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is read generally to do any sacrifice. Neither doth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 import less, For c Vide schol. Eur. in Phaen. p. 291. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies the bend, or great chest of the garnet, wherein they laid up the harvest thresht and winnowed; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the first or beginning, as if when they began to treasure up their store, they first of all liberally paid some devotion to their Gods. The Attic oblations, even to Draco, were nothing else but the earth's beneficence, but before Solon's age, burnt offering; who willed in his laws, that they should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, chosen and selected d Plut p. 65. l. 26. they called their lea●e sacrifices 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. horns & hair, 〈◊〉 if naught else, Arist. p. 584. sacrifices. The rites performed in them were not different from those in the days of Homer, but somewhat reform. It behoved them that would take in hand these holy things to purify themselves some certain days before, e Demosth. pp. 400. 476. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the number of them is not set down. I take 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here to abstain from carnal delights, Tibull.- Discedite ab aris Quo● tulit hesterna gaudia nocte Venus) To which purpose Theano being asked when it might be lawful for a woman, from the company of a man to go to sacrifice; answered, from her own at any time, but a stranger never. Being thus prepared they came and stood round the Altar, having with them a basket in which was the knife hid (covered with flower and salt, in f In pace. p. 695. Aristophanes' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. with these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greeks ever began sacrifice, the Romans Far. Dionys. H●he l. 2. n. 4. Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) with which they cut the throat of the victim. Then they purified the Altar going about it with the right hand towards it. h Loco laud. Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This lustration was made with meal & holy water sprinkled thereon. This water is called i Athen. l. 9 p. 409. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in which they quenched a firebrand taken from the Altar; with which they bedewed the standers by, accounting it a kind of cleansing. (Hence a Sophocles O●d. Tyr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was forbidden him whom they took for a polluted and for lost rogue.) Then they cast some of the flower on them. And having thus expiated, they cried out b Aristoph. p. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Who is here, to which they made reply, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Many and good. Then they prayed. c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Among the latter they spoke with a loud voice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, before they began. Let us pray. Supplications ended they drew the victim so as (if it were to the Gods above) the head might look upwards, which d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eust. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If it were to the Heroes or Demigods, with his throat downwards. Then they slew him & skinned him, & cutting out the * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. huck shinbones and haunch, they covered them with fat, which is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (hence the Gods of the heathen are deciphered by e In Stel. Nazianzen, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, rejoicing in the fat) to the end that they might burn all out in a great flame. f Eustath. p. 101. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For the Grecians accounted it unlucky if it did not so consume, and thought that it was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: upon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they cast small pieces of flesh cut from every part of the beast, beginning with the shoulder (which is in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) hence this is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The reason Eustathius gives, g Loco laud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that they might seem to consume all, which the Athenians did not, being commanded by law to carry some of the sacrifice home. By reason of which injunction, they did so strain courtesy of their Gods, that the illiberal or niggardly sort of people would sell that which was left, and so make gain of their devotion. h Th. Charac. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Theophrastus, Where i Pag. 336. Casaubon notes. Coxam ferè offerebant, aut intestina, aut aliud non magnae rei persaepe. They offered the haunch bone or the entrails, or somewhat of no great worth. Where by entrails you are to understand the spleen, the liver, and the heart, which Homer calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for though the word be taken for the bowels, yet it signifies the heart too, in which sense we say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a pusillanimous man, & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a courageous, as the a In Aiacem Lo●atium. Scholiast of Sophocles teaches us, & so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the bowels of compassion. These the ancients did divide among them at sacrifice to feed on, and afterwards cut out the rest to roast. For when they had finished their devotions, they let the reynes lose to all manner of voluptuousness, gluttony, and drunkenness. For oft times they left nothing of their sacrifice, especially when they offered to Vesta, whence the proverb, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is to eat up all, like the Roman Lari sacrificare. To say that publicly they begun to Uesta were more than I could well prove; but that they did so is plain. In their houses they had Altars, and so I supposed once 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be taken, but this was done in Libaminibus, in their drink offerings, as he on b Vide p. 582. Aristophanes. As for their meat offerings it was required that they should be c Vide Pollucem. l. 1. sound and without blemish, whether it were an ox, sheep, goat, swine, calf: to sacrifice they simply termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which our Latins have interpreted fitly, Facere. d In Bucolici● Virgil, cum faciam vitula. Whose poverty was so great that he could not afford a sheep, or the like, they thought the Gods would be well pleased if he offered Molas, which the greeks call e Casaub. in Theop. p. 237 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meal, which by the richer was mingled with oil and wine, as the f Pag. 901. D Scholiast of Aristoph. The more wealthy instead of this did cast frankincense on the Altars. For the sacrifices of Pallas the tithes were set a part, as g Pag. 3●8. Demostenes. In their oblations the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or cooks gave the h schol. Arist. p. 304. 10 part to the Prytanes. So 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, put for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where the Gods cannot have their allowance. Scholar Aristop. on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. CAP. X. De Anno Attico. THE ancient Greek year consisted of three hundred & sixty days, each month consisting of thirty. Rude antiquity ignorant of celestial contemplations, deeming the Moon to finish her course in that space. Which according to a De Doct. Temp. l. 1. c. 1. Petavius seems false. Lunaris enim non fuit, sed eius menses tricenis diebus constabant singuli. By which reckoning, had they not used intercalations, they had soon found a main difference in the times, when they ought to have celebrated their festivals. They made therefore a Tetraeteris, in which when they found seven days deficient, they supplied them by adding * Negat Petitus Miscel l. 8. p. 192. Petau. assirmat. 2 to every end of the year, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, b M. Selden. in Apparat. ad Graeco Epoch Chro. eò quod per illud biduum Athenae Magistratibus careban●, Because for those two days Athens was without Magistrates. But the last of these four had but 359 days, besides the two 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in respect to the Olympic games, ever kept in the Olympic games, ever kept in the * ●d est, The fifteenth day ● De D. Tem. ●. 1. p. 4. full moon, whieh could not have happened, had they not began the Tetraeteris with a new Moon. Nevertheless the Sun and Moon appearing 14 days odds in a Tetraeteris, they made every eighth year an interjection of one Month, that this time being ended, the course might still return the same. This all Greece observed, says Petavius, by the Athenians termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by the people of Etis an Olypiad. What kind of Lunary year was in use among the Grandsires of Greece, is not truly known; by d 〈◊〉 Chr. p. 225. Petau. goes not so home. Lib▪ de doct. Temp. 1. c. 6. Petitus delivered to be of D: 347. every Month 29 D: except one, which like our February had but 28 D: Every two years one Month was inserted, once of 29 D: another time of 28 D: But because in two years this * each of these two years severally taken was called ver ten, soyned annus magnus. magnus annus surpassed the Moon 15 D: itaque Tetraeterida fecerunt. This consisted of 1445 D: 723. & 722. make 1445. So many days 354. four times doubled hath, if ●ou please to adjoin 29. Of this sort of calculation doth he understand f Elem. Astro. c. 8. p. 36. Geminus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That must be fitly understood, quoth he, for they did number the Months as if they were 30 D: when notwithstanding e Loco laud. they had but 29. g In Auct 〈◊〉 Petavius is otherwise conceited, who takes the Scholiast of Aristophanes in that sense, as meaning 29 D: full ones, when indeed exactly taken according to h Loco cit●o Geminus you may account 29. ½. 1/33. and i In Arg Orat. contra And. p. 380. Ulpian, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 29. ●. And yet are we not destitute of authority, that a Month was supputed 29 D. k In Arat● D●osem. p. 74. Theon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But that the fragments were left out, the words are plain, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. He means a day the space of a night and a day, for according to such Months did they administer their civil affairs. And now it is in request among many of the greeks. But of this enough. Soon was the Tetraeteris found faulty; therefore was made a Kalander of eight years, in which doubling eight times the difference of the Sun, to wit, 11 D: ¼. made up three Months, inserted every third, fifth, and eighth year. But the scruples coming short in sixteen years 3 D: they intercalated three. And seeing still they could not make it even. a Geminus p. 38. Whom I follow. N●t ignorant that Meto● was the first that made the Cycle of 19 years. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Met●ns year is put for a long time proverbially▪ Euctemon and Philippus made an Almanac for nineteen years, which by calippus was produced to 76. Months 940. of them 28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Geminus. This was the progress of their reformation. But we must look back again and consider that they counted their year two ways. First of b Then were 〈◊〉 〈◊〉 months 〈◊〉 〈◊〉 D. as 〈◊〉 may see in 〈◊〉. Aristop. A●h 〈◊〉 p. 412. c. CCCLX, as hath been already spoken, next CCCLIIII, when they made the Months interchangeably 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, full and deficient, that is, one 29. the other 30 days, yet both Lunary. For that is proved even by the names of their days. The first, wherein the Moon appeared new, called by a Synalaepha or contraction of the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The eight 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or half full: the full 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The last 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c 〈◊〉. p. 32. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because that in the days of Thales Milesius, d 〈◊〉 in 〈◊〉▪ who was the author of that term, the Month had 30, and no more, but ended, whence I suppose e ●ux l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, signify the dead, the period of whose life hath been come to. Though Diogenian gives other reasons. And by the way we must not think, that they had no regard to the course of the Sun; f Poor. Eccl. 〈◊〉▪ p▪ 215. sed tamen ut annus fieret Solaris, etc. But nevertheless that the year might be correspondent to the Sun, they put five days, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 epacted, to the last Month Scirrophorion, for the supplying of the defect. And so the year had 365 D: which was the true and just measure. But he might have added, sometimes 366, by reason of that ¼ which Geminu● acknowledges the Greeks to have reckoned, although they accounted their Months but 30 D. This is that annus implicitus, which a In 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p ●8. Aratus styles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To this point the Greek Authors, telling the years by seed time. b In Antigon. p 213. Sophocles— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For the ancients, says c In Aratum p. 78. Theon, took the year three ways, either by the Sun; or seasons; as spring, summer, autumn, winter, d In O●dipo Tyrant. p. 183 (Sophocles. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉—) or thirdly by the Moon: whose irregularity Solon is reported by e In vita pag. ●6. l. 15. Plutarch first to have marked. Observing therefore that she on the same day overtook and surpassed the Sun▪ f Plutarch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he caused that to be called g Laert. in vit▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the old and new, because that remnant, which was before the conjunction, he thought belonging to the precedent Month▪ and that remnant which was after the conjunction, appertaining to the subsequent. (These pieces h In Diosem. p. 125. Aratus calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) in which matter he is thought to have had Homer in sight, who in his i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 164. Odysseys terms the thirtieth day, as Didymus expounds it, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Where we may note that then they had no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but counted from one to twelve in the ordinal numbers, used by k Contra T●mocratem. p 446. n. 39▪ Demosthenes in one Oration, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Then putting the lesser to the greater they said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the third above ten, the fourth upon ten, and so to twenty, * Vide Plutarch. loco nuper lauda●. But when at the one and twentieth day they perceaved the wane of the Moon to be great, and the light almost lost, they changed the order and used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. the tenth of the decrease, the ninth of the decrease, and so to the twenty nine, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the second of the decrease, or from the end, going lower in number still, as the splendour of the Moon was diminished, but the thirtieth they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the cause above. Here likewise they take the reason why the Month ending was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l Ulpian 〈◊〉 Dem. p. 210. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Because the days and Moons do as it were die, according to that of Horace. Novaeque pergunt interire Lunae. m Macrobius Sat. l. 1. c. 1●. Macrobius, quid aliud nisi illum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicit, cuius paulatim deficientis supputatio in nomen desinit secuturi: & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 illum, qui praecedit numerum successurus priori in defectum meanti. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 standing to supply the place of the departing Month; fixed and still waiting until the Moon shall have journeyed to the completing and ending of the precedent time. Thus the last day of our lives is said to stand. Virgil, n Aeneid. 10. p. 330. Stat sua cuique dies, as unto which we must pass through all the rest, and once approach. Thus squared they their times and state matters to the Moon. Hence read we 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to count the Month as they do, who manage politic businesses, or belonging to government. In which course they made their year of CCCLIIII days, which divided into ten parts make ten times 35, which space each a A●gum. O●. 〈◊〉 contra Androt. pag. 3●0. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ruled in its turn, the four that abounded were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in which they chose Magistrates, being for that time destitute of them. The year thus disposed, the Months must of necessity be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cavi & pleni, as b Elemen. A st. odom. p. ●1 Geminus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If a Month have 29 D: ●, two have 59 Because there fore the two halves might be made one whole, they so ordered it that now it should be 29 D. then 30 D: The Athenians counted their day from the setting c Macrob. l. 1. 〈◊〉. 〈◊〉 Pl●n. not h●st. l. 2. 〈◊〉. 77. of the sun on this day, until the going down of the next. In respect to which d In 〈◊〉. Nicander may be thought to say of noon sleep,— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To take rest at the beginning of the even. I know that the ancients wrought but six hours in the day. e Lib. 4. Ep 8. Martial, sexta quies lassis septima finis erit. Which f In 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eustath affirms in his Commentary on Homer. And therefore Z. H. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I were the notes of the 7. 8. 9 10. hours, which joined unake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as if they should have said to the Laborers, Rest. The beginning of the year was g 〈◊〉. in A●hen. p. 931. Hecatombaeon, july, the eight, says h Chronol. ●clog. Petitus. They ever accounting that to be the first Month. In which order I have found them set down in a i In 4o num. 24. p. 264. Manuscript in our public Library, only M●macterion is to be put above Pyanepsion. Roman. Macedon. Hebrew, Egypt. Hellen. Athenian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In which table although Hecatombaeon be compared to the julian. Month january, yet it appears not that Hecatombaeon was ever so removed out of his place, as a Eclog. Chr. p. 214. Petitus will have it, Epiphanius contradicting, of which by and by. Indeed when the Christians in honour of their Easter began the year in April, they called April Hecatombaeon, as b Loco 〈◊〉. he himself testifies. But that Hecatombaeon was always the first Month is not probable. For when the Athenians under the dominion of Alexander the Great's successors changed the head of the year from july to the seaventh of October it is like that they began at Maemacterion according to this c Ex M●. Biblioth ●nae in 80. n. 8. rule, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. d Vide 〈◊〉 in Ep●phan. p. 138. Certain it is that the same Attic Months are sometimes Lunary, and sometimes not, but of 30 D: or julian; When they are Lunary they have no sure seat, but are now at this time, then at another. And this hath been the reason why the same Months have not been suited to ●he julian, by writers. Ulpian on Demosthenes parallels Hecatombaeon to e Pag. 21. january, & in the Oration for Ctesiphon, to March, and again to f Pag. 163. April. g In Olynth. 3 March he calls Boedromion, which also he interpret h Pag. 148. june. Elaphebolion i Pag. 140. November, k Pag. 167. September (in the margin February) and l Pag. 120. December. m Pag 167. Thargelion, April. Munychion january. Scirrophorion, March. Which errors are cursorily noted by n Eclog. Ch●. l. 1. c. 6. p. 213 Petit in part, to no great satisfaction. But when by the decree of Augustus Caesar they were charged to conform their year to the julian, they o Vide Pe●av. in Epiphan. pag 139. thus numbered. Menses Attici. Menses juliani 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. March. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. April. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. May. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. june. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. july. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. August. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. September. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. October. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. November. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. December. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. january. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. February. But of this, so much only. We must handle their Lunary year because according to them were their feasts kept. From whence sometimes they would count, as a Aristoph. p. 800. c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. So much and as long since the Bacchanals; speaking of the age of a girl. For a more compendious way of comprehending their holy days view this Almanac. Hecatombaeon. july. 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 6 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 7 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Kept in memory of the return of 〈◊〉 out of Crect, after he had slain the Minotaur. b In v●ta p. 12 Plutarch. The solemnity c Metamorp. l. 7. F●b. 23. Vide 〈◊〉 ●ligenter. 〈◊〉 erit operae pre●um. Ovid seems to describe: Nullus Erecthidis fertur celebratior illo Illuxisse dies, etc. the eight day of every Month was sacred to him. He had also a festival called Theseia, in honour of gathering together the dispersed people of Attica. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 8 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of these, as also of the day, speaks d Pag. 446. contra Timocratem. Demostenes. Then did the Masters wait on their servants, as in the Roman Saturnals. e In Annalib. vide 〈◊〉. Satur. l. 1. c. 7. versus finem L. Accius. Maxima pars Graium Saturno, & maxim Athenae Consiciunt sa●ra, quae Cronia esse iterantur ab illis, Cumque diem celebrant, per agros, urbesque fere omnes Exerc●nt epulis laeti, famulosque procurant Quisque suos. 13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 15 * Then were kept the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in memorial of their transmigration. Plu●. p 8. l. 9 By some it is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Austop. pag. 700. Plut. ini● Them. l▪ 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 17 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 19 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 20 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hence was this Month called by the ancient Athenians, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; afterward Hecatombaeon, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sacrifices to jupiter or Apollo, as some think with the blood of an hundred beasts: For so were they profuse in their sacrifices. f Metamorph. Ovid. Taurorum sanguine centum. 21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 22 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 23 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 25 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 26 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 27* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. g In Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. pag 6. The Scholiast of Homer says that Hecatomb may be used for siue & twenty beasts, whose feet make up the number of an hundred, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 28 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 29 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To Minerva the protestresse of their city, as hath been before said, instituted by Theseus, as h In 〈◊〉 p. 8. 〈◊〉. Plutarch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. At first they had the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by Ericthonius, or Orpheus. In the time of solemnisation there were rare shows exhibited to the people, such as horse razes, wrestling, dancing in armour, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from Pyrrhus that invented it; Then carrying in procession the Peplus, or robe, in which was wrought the fight of the Giants. All which you may read in i In Panathenae●s. Meursius at large, and k Pag. 140. 1●7. 180. 181 467. 580▪ 650 74●. Aristophanes his Scholiast. The second of this month is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because it hath but 29 days, and so always in cavis. Metagitnion. August. From the sacrifices of Apollo, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 2 3 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 5 6 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 8 9 10 11 12 13 14 15 16 17 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 18 19 20 21▪ 22 23 24 25 26 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 27 28 29 30 ● T● this ●th came the 〈◊〉 〈◊〉, 〈◊〉 Thescus overthrowing the Amazons. Plut. p. 9 or I●n help● the Athe●s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 〈◊〉 〈◊〉 〈◊〉 they made a cry. A●istophan. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lucian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ●tim Quiritari hence ●lp c●e in. * Boedromion September. 1 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When Pausanias and Aristides overthrew Mardonius, Xerxes his General near Plataeae, a city of Boeotia, ᵃ Herodotus, ᵇ justin. 3 4 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Miltiades leader of the Attic forces got the upper hand of the Persians. In which battle when Cynaegirus pursued the flying enemies to their ships, he caught hold of one with his right hand, which lost, he made use of his left; that cut off, he in token of his prowess spared not his teeth, to the eternising of his name for valour against his enemies. 6 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 7 8 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 10 11* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 12 13 14* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 15 * In thankfulness for the delivery of Greece, at what ● Calhop. p. 234. b. lib. 3. time Darius and his Fleet went homeward. b Tom. 1. pag. 25●. see Plut. in Aristi● p. 241. Aristides describes the joy at full, and the erecting of an Altar to jupiter that freed them. 16 17 18 19 ' The greater in which they were made c 〈◊〉. Arist p. pag. 247. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. or admitted to the sight of that they worshipped. The first day was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, perhaps from the conflux of the 20 21 22 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. people. The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Here I look on Meursiu ●r brevity's ●ake but 〈◊〉 you please to read severally see Anstop●. 〈◊〉 p. 5. 98. 131 1●8. 455. 5●▪ 647▪ 142 218. 227. 228 2●1. 233. 217 2●2. 264. 510 Aristid. T. 1▪ p. 32●. C●em. Alex in P●o. trep. p. ●0. because the Crier then warned them to go to the sea. The third day they sacrificed a Barble, because it devoutes the sea hare, an enemy to man. The fourth, two Oxen drew a basket representing Proserpina gathering flowers, which women following cried 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Hail Ceres. The fifth they ran with torches. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The sixth Bacchus was carried in pomp. Hence is it termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The 7th day they exercised in feats of activity & he that overcame had wheat given him. The 8th was Epidauria from Aesculapius his coming from Epidaurus to Athens to be initiated. In the ninth they filled two measures of corn, and setting one at East and the other at West, they poured them out, one looking to heaven and crying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the other to the ground, saying, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thus Meursius. That day was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 23 24 25 26 27 28 29 The second of this Month was left out ever, says a Sympos. Q ●. 9 q. 6. & ●l. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 331. Plutarch, instead of which some are persuaded, the name only was omitted, as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which was recompensed by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in a defective Month 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for the twenty. Of this judgement is the b ●b. de doct. Temp. 1. c. 5. p. 11. D. worthy Petavius. * M●●e. ●on 〈◊〉 to be inserted here. Pyanepsion. October. This month took denomination from the feasts Pyanepsia. For mingling the remainder of their food after their arriving, they put it into one pot, and seething it, were loviall altogether at the same. 1 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 3 4 5 6. 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. After that Theseus had buried his father, he paid the vow made at Delos, to wit, if he returned safe from the death of the Minotaur, he would sacrifice unto him a pot of sodden beans. Hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as it were, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For the antiques called beans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 8 9 10 11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 13 14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. c In Aulul●. Plautus calls this festival vigilias Cereris, which the Attic Dames kept most sober and chaste, strowing their beds with conyza for that purpose, it being an enemy to lust. They prepared themselves with fasting, but after that took their liquor freely. The number of days were three allotted, as some, or four, as others. When Castellanus says that Ovid makes them nine, is false; for that was the Mysteria, as we above have shown. They were done in honour to Ceres, that gave laws first, as she is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of these you may read d Pag. 611. 770. 782. 783. 819. 820 829. Aristophanes and his Scholiast. 15 16 17 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 19 20 21 22* 23 24 25 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Kept this month. When the Parents brought their children to their Tribes, to be enroled▪ I suppose for fear of deceit in patrimonies. Then they made merry for four days. The first was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ The third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The fourth, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In honour to Minerva. f Graecia Fe● l. 1. Meursius teaches us that they were celebrated the 17 of this month, but Petitus hath thus placed them. 26 27 28 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 29 30 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Maemacterion. November. This month is to be placed before Pyanepsion, as I have above given notice, but in this Almanac I follow Petitus, who so hath set it, though much against the opinion of other learned: as M. Selden, Petavius and others, whom I would have you Reader to accept as for most approved. 1 2 3 4 5 6 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 8 9 10 11 12 13 14 15 16 17 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutarch in the life of Aristides, says that the Baeotians, nay and greeks send yearly some to sacrifice to the memory of those that died at Plataeae, and every five year they have great pastimes, which Pag. 241. he sets down the manner of. 18 19 20 21 22 23 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This month is derived from jupiter Maemactes: for I suppose they first found Gods, afterward festivals to them. Not the months first, and then named the Gods from them. 24 25 26 27 28 29 Posideon. December. From Neptune, who is Posidon. For the first day of this month was sacred to him, as b In Theop●. Char. 〈◊〉. Casaubon. Hence he thinks it to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1 2 3 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dionysia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Without the city, It seems when they had gathered in vintage and pressed their grapes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Then were they most jocund, as may appear out of that. Like the voice of them that tread the wine press, and in c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. v. 127. Oppian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. On which words d Pagina. 18. Conradus Rittarshusius takes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be january. 6 7 8 9 10 11 12 13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 14 15 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A feast to Ceres. The day doubtful. e Demosten. Pag. 743▪ 17 18 19 20 21 22 23 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 24 25 26 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 27 28 29 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 30 Gamelion. january. 1 From the marriages first made by Cecrops, of whom before we have spoken, and more you may read in Tzetzes on Lycophron. That month wherein this people coupled, hence is called Gamelion, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, nuptiae. It is sacred to juno, who by the Poets is called Pronuba and coniugalis, Precedent of weddings and the marriage bed. 2 3 4 5 6 7 8 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 10 11 12 13 14 15 16 17 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 19 20 21 22 23 24 25 26 27 28 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 29 Anthesterion. February. 1 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 3 4 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 6 7 8 9 10 11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Kept in great mirth for three days in Of this you may see Aristoph. p. 293. 417. 419. 422. 222.▪ the honour of Bacchus. The first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the tubs, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to open, for at the broaching of their vessels they drunk stiffly. The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from Chus, a good capacious vessel. In this he that could drink down the rest The day was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 likewise, but not in the sense spoken. of his companions had a golden crown. The third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, I suppose different from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. From this Festival the month is named. The twelfth of which Dionysia in Limnis were kept, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The 13th were acted Comedies, begun the 3d d year of the 93 Olympiad, when Callias was Archon. But after they were taught as a In Terent. p. 289 Donat and b In Demost. p. 184. Ulpian witness, and c Pag. 143. Aristophanes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says one. 12 13 14 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 16 17 18 19 20 21 22 23 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 25 26 27 28 29 30 Elaphebolion. March. 1 2 3 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 5 6 7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 8 9 10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 11 12 13 14 15 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of these Contra C●esiphont. Aeschines makes mention, and you shall have them obvious every where in the Greek Authors. 17 18 19 20 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 21 22 23 24 25 26 27 28 29 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Munychion. April. 1 2 3 4 5 6 7 8 9 10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 11 12 13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 14 15 16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Munychia were observed to Diana, who was so called, and had a Temple in Munychia, by Athens. The month bears the name. In this month were the causes of strangers judged. a A vib. p. 609 Arist. Sc. To jupiter Meilichius. The greatest day that the Attic rout was kept in. See of this b Pag. 150. 174. Aristophanes and c Ismen. & Ism. l. 1. Eustathius. 17 18 19 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 20 21 22 23 24 25 26 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 27 28 29 30 Thargelion. May. 1 2 3 4 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 6 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To Apollo and Diana; holding it to be their nativity. On this day did they expiate for the sins of the people. For they were wont to nourish some base men, and of no account, at the public charge whom in time of pestilence, or the like they sacrificed for the sins of the city, Two in number, says the a In Equites pag. 353. Scholiast of Aristophanes, whence they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: but more properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, b In Ranis. Aristophanes. 7 8 9 10 11 12 13 14 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 16 17 18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 19 20 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To Diana, who by the Thracians is named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Not much different from the greater. See Meursius. 22 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 23 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Petitus places it on the 24 day, others will have it the 25. To Minerva, on which they take off the ornaments of her statue, and wash it I suppose, c Pag. 152. Plutarch, d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 257. Xenophon. 26 27 28 29 Scirrophorion. june. 1 2 3 4 5 6 7 8 9 10 11 12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To Minerva▪ from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Canopy, under which her Priests did walk in pomp at that time: or from the statue of Minerva found in Scirus. c Pag. 497▪ 725. Scholar Aristoph, 13 14 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It was not lawful anciently to kill an Ox: wherefore when one had slain that beast eating the meal provided for the sacrifice, he slew him and fled, in memory of which this day was kept. Afterward they did mitigate the Law, and gave licence to butcher an Ox, so that he was not for the plough. To which d Saty. ●10 v. 268. juvenal may allude. Vt vetulus bos Qui domini culoris tenue & miserabile collum Praebet▪ ab invito iam fastiditus aratro. 16 17 18 19 20 21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 22 23 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 25 26 27 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. 28 Where Petitus makes the four first Tribes to govern each his day, on those four that abounded above the year, * Athen. Rep. l. 2 c ● Sigonius seems to agree, and * In Nous ad Harpo●ra. Maussacus approves 29 30 proves it. Neither is it misliked by 〈◊〉 〈◊〉. 〈◊〉. l. 2▪ 〈◊〉 Petavius. 〈◊〉 〈◊〉. 〈◊〉. lib. 1. Scaliger hath falsely taught us other wise, who makes each Prytaneia to rule 36 days, which none ever are to have done, except the first four. CAP. XI. De Tragoediâ, Satyricâ, & Comoediâ. IT is taken for grant among the Ancients, that Homer, who lived a V●d Can. Chr●. ad G●▪ 〈◊〉. Mar. Attend. p. 97. 9 7 years before Christ, was the first that taught b 〈…〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to speak in Tragedy; comprehending great and weighty matters in few words and very concisely, being more large and using circumlocution in matters of less consequence, which Hermogenes acknowledges to be the property of a Tragedian. This foundation being laid, following ages stilibuilt built (though rudely) a structure to small perfection. Nam post idius tale tantumque documentum, etc. says c 〈◊〉. de 〈◊〉 & C● 〈◊〉. 〈◊〉. Terentio. Donat. For after that Homer by the Iliads had represented a Tragedy, by the Odysseys a Comedy, most ingenious imitators took those Poems and set them in order, and divided them, which at that time were inconsiderately, & without judgement written, impolish▪ and in the first rudiments not so neat and trim, as in process of time they were made. For Poesy was a great while in her minority, and very rude, after the first publishing of plays. For we see little or nothing of d Marmo. Arundel▪ & add ●a seld C●. 〈◊〉 〈◊〉. Susarion, the first Comedian, worth our time: some few verses only, & so few as may but witness such an Author. The original of the word Comedy is supposed to be taken from diverse reasons: First, because in their revelling, kept in honour to Bacchus, they sung them, and so it may be derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, commessatio▪ e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, signifying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to sing basely 〈◊〉 Naz. 〈◊〉. ● p. 106▪ at the cup. Secondly from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sleep; because when any of the Attic husband men had been injured, it was the custom (as before hath been spoken) for the party abused, to come in the night season into the streets, and with a loud voice cry, such and such rejoice in wrong, and commit such outrages, though there be Gods and Laws. And after that, proclaimed the party's name, who on the morrow was sought out by the husband men and much shamed; by which these wrongs were redressed. Thirdly from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a street, because when the old Athenians would note a wicked man's life out to the world, meeting merrily in the streets and high ways, they laid open every man's life and concealed not his name, f Donatus de Tra. & Com. In vicos & compita ex omnibus locis laeti, alacresque veniebant: ibique cum nominibus singulorum vitam publicabant. These verses were first sung g Idem ibid. in the green Meadows, h In Synop● 〈◊〉 〈◊〉 Th● 〈◊〉. about the beginning of the spring; When the husband men kept the festivals of Bacchus the God of Wine, to whom they sacrificed a Goat, because his biting is an enemy to the vine, the skin of which they took and sowed up close, filled with wine, and anointed it with oil to make it slippery, and so hopped with one leg upon it, making themselves laughter at the falls they often to●k. This sport they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a skin and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to leap, i 〈◊〉. p 〈◊〉 Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ k Geor 2. p. 71. Virgil hath fitly set it out. Non aliam ob culpam Baccho caper omnibus aris Caeditur, & veteres ineunt proscennia ludi: Praemiaque l 〈◊〉. 〈◊〉 in 〈◊〉▪ ●d 〈◊〉, interprets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ingentes Pagos & compita circum Theseidae posuere: atque inter pocula laeti Mollibus in pratis unctos saliere per utres. After Susarion, sprang up Thespis, the first that made Tragoedies, which by Horace are termed Lachrymosa poemata, sad poems; because they represent humane miseries, the misfortunes of Kings and great men especially, there being no place for a poor man, but only to dance, as m In 〈◊〉 〈◊〉. Arrian hath observed. Which thing gave an occasion to n 〈◊〉 V●. 〈◊〉▪ Socrates, when he saw the most worthy and rich put to death under the thirty Tyrants to say to Antisthenes, doth it not repent thee that we in our lives never did some famous exploit? So in Tragoedies we ma●ke that such as Atreus, Thyestes, and Agamemnon are slain; but what Poet was yet so impudent as to bring a base fellow on the stage sacrificed? Not supernumerary is that of Euripides for K. Archelaus, desiring that he would write a Tragedy of him, who prayed that nothing proper to a Tragedy might happen to him; meaning sorrow and lamentation. For so is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used, as 〈…〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for joy and mirth, and glee conceits. The first Tragedy that Thespis taught was that of Alcestis repriving her husband from death by her own, as p Ad Marm▪ A●nd Mr Selden hath conjectured. This Thespis was forbidden by Solon to act his Tragoedies, as q L●ert. in Solone. p. 40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a fruitless lying. Horace of him thus speaks. Ignotum tragicae genus invenisse camaenae Dicitur, & plaustris vexisse poemata Thespis. Quae canerent agerentque peruncti foecibus ora. Upon which words some have written that his Poems were so voluminous, that he was constrained to bring them upon wanes. But alas a poor conceit▪ In Horat● Poe●cen. Franciscus Lusininus Uticensis is of opinion that Thespis carried his scene upon cars: and Acron; That the Chorus carried about in wanes acted Tragoedies. Chori plaustris circumducti Tragoedias agebant. Schol▪ Arist. p 142. I avouch that at the first the Poets acted alone their own Fables; And to me it seems a ground for to stand on, the Greek Authors by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, intimating a Poet. O● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. The ancients, says In Demost. p. 40. Ulpian, called the Poets Hypocritas actors, which we now term Tragoedi, such as Euripides, Aristophanes, etc. The place in which they sung their Poems, was a Scene upon a wain drawn in procession to the honour of their God Bacchus▪ as among the greeks the ● 〈◊〉 〈◊〉 pag. 107. custom was, says the Scholiast of Nazianzen. Of the manner in those ancient times, * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 343. Plutarch shall thus inform you. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. A pot of wine and a vine twig, than one drawing a Goat, next another with a basket of figs, and last of all the Phallus. In which solemnity the Poets in wanes following the pomp, might without control laugh, scorn, and deride any they met, says Antiq Rom. ●7. Dionysius Halicarnassaus; or were wont, as the y Loco laud Scholar of Nazian. to rail upon each other. whence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is as much as to convitiate impudently, (though in a good sense sometimes z Hermog. Meth. de Eloqu●, c. ●▪ p 519. to celebrate the pomp, or go in procession in honour to the festival) and a Dem. pro Coron. p. 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ a scandal or reproach. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Whence likewise came the Greek proverb, b Scholar Aust. p. 142. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tanquam ex plaustro loqui, and c Vlp●an. in loc. 〈◊〉. Dem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, tanquam ex plaustro convitiari, to give reins to the tongue, to be free in abuse. Which that they might do the better without shame, or blushing, sometimes would they anoint their faces amurca, olci face, with the dregs of oil, says Donat, or of wine (for so I interpret 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) from which Poets by d Nubibus p. 141. Aristophanes are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Horace— Peruncti●foecibus ora. Sometimes would they put on vizards, e Vlp●an. 〈◊〉 Dem p. 254 which lest they should hurt the head, were defended from the skin with a woollen cap, named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A word elegantly used by f De fal●a 〈◊〉▪ Demosthenes, in a Metaphor drawn from the liberty and impunity of the persons that wore it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Think not to escape scot-free for such villainy, though you get a pileum on your head. We may apply it in threatening to any slanderer, of whom we surely intent to be revenged. But I seem to forget the Poet, while I speak of the stage, I will therefore return to him. Thespis, as I said, was the first that invented Tragoedies; so called, as Donat tells, because (lest there should be rewards wanting, by which good wits might be stirred up to write, and men encouraged to get them ●nable voices ad dulcedinem commendationis) they gave the Actors a Goat. Caper 〈◊〉, pro dono his dabatur. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a Goat, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a song. Horace, Carmine qui Tragico vilem certavit ob hircum. Before that time some say that Epigenes the Sicyonian made Tragoedies, but the most received opinion is this which Horace hath set down of Thespis. Before him there was no art of poesy Tragical, but at their festivals, when they ascribed all their mirth and delight to their Gods, they did it especially to Bacchus (and so afterward, when Actors are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 simply by g Orat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 242 Demosthenes, by Donat Artifices. The word is used for jugglers, and such as Hokus Pokus in h 〈…〉. Theophrastus) they would feast, and afterward scoff and deride each other, which grew afterward a part of their solemnity. They would moreover dance at rude Music, and from thence suppose they the Chorus to have sprung up. They would likewise cast forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as they term them, in i Georg. 2. Virgil's language, versus incomptos, k Casaub. de S●t. Poesi. l. 1. Numeros innumeros ●o temporc fundi solitos & fine arte. For they had of old but two sorts of verses, Heroics, in which they sung the praise of Gods and Noble men, and from this in a short time, with small care grew a Tragedy; the other sort was iambics as toying and laseivious as the Phallica, but biting too & from hence came a Comedy. At first small was the difference between a Tragedy and Comedy, l ●asaub. ib. constat sane, primis temporibus ignoratum fuisse discrimen inter Tragoediam & Com●diam, and the reason is, because even Tragoedies had their wantonness and petulancy. At first they sung in honour to Bacchus' D●thyrambicks, and afterwards neglecting him they praised their Demigods, which when the people saw they cried down, with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whence our proverbial adverb is fitly used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for nothing to the purpose. But to give content to the people, the Satyrs did 〈◊〉. But after that, when a Tragedy took state they excluded the Satyrs, and were only for sad and serious persons; by which mournful poems the people were wont to be cast down, sympathising with the person represented, therefore to cheer them a Chorus of wanton Satyrs were brought in by Thespis as m 〈…〉 Horace. Mox etiam agrestes Satyros nudavit, & asper Incolumi gravitate, iocum tentavit, eo quod 〈◊〉 erat & grata novitate morandus Spectator, functusque sacris, & potus & exlex. In a Satiric play, Satyrs have a Chorus place, or else the persons are Satiric and ridiculous, and for the easing of the minds of the spectators, they would bring in Satyrs for sports sake; and many of their Tragoedies had some mixture of Satiric sport, says n P 1●9 de 〈◊〉 Poesy. Casaubon. Fuisse aliquando pluribus Tragicis Dramatis interjectas Satyricas fabulas. Of this I say Thespis was the first inventor, who likewise to ease the Chorus ( o L●eit. p. 220 for that acted only) brought one actor upon the stage, to whom Aeschylus added one, and Sophocles another, so the number was three, Aeschylus' is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Sophocles his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a word put for an obscure & base fellow in p 184. Demosthenes, Ulpian, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, speaking of Aeschines, if I remember. Tully calls them Actors secundaris & tertiarum partium. q In divin●t. Ut in actoribus Graecis fieri videmus, s●pe illum qui secundarum & tertiarum partium, cum possit aliquanto clarius dicere, quam ipse primarum, multum summittere, ut ille princeps quam maxime excellat. But let me speak what I have to say of a Tragedy. a Plutarch. 〈◊〉 vita X ●het. p. 452 B. None was permitted once to act Aeschylus, Euripides, or Sophocles his Tragoedies, but they were to be recited by the Scribe, that the Actors might (as I conceive) repeat them. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And to this purpose by a law of Lycurgus the Orator were they commanded to be transcribed, and kept under custody 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Yet the b juxta 〈◊〉 Author of the life of Aeschylus writes, that the people made a decree, that he should receive such a sum of gold, that would 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the plai●s of Aeschylus after his death. I put the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, docere. Because Tragedians as well as the Comedians were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to labour in teaching the people. And for this end did the ancients lay out so much money upon their theatres. c Heinsius Poleg ad A● Sacrum. Sed immane quos quantosque sumptus, i● Theatra, in Comoediarum ac Tragoediarum repraesentationem fecerit antiquitas. Cum non mores tantum ab utrisque emendari, ac prudentiam conferri, sed & scripta antiquissima & formas Reipublicae, ac vitam magistratuum, cum summo spectatorum fructu, in Comoedia examinari, factiones componi, ac gravissima subinde publico suppeditari crederent consilia. Not unfitly therefore did the Poet reply to the people that carped at him in the Theatre. I came hither to teach you, not to be taught by you. Hence of a Tragedy or Comedy the Greek writers say, d 〈◊〉 Dip. l. 6. pag. 2●8. vide Ca●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, docetur fabula, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, docere, as sometime 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as you may see in e Pag 270. Athenaeus. The following Poets did not always represent their own Fables, but ofttimes their predecessors; so says f Lib. 10. Quintilian, the people permitted the works of Aeschylus to be dealt with, because in many places his verses were not set in order. He brought great grace to the stage, and first taught 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the painting of the Scenes; which some think Horace to aim at, when he says, Modicis intravit pulpita cignis. Which because it was perfected by Sophocles, is thought (nay spoken affirmatively by some) to have been invented by him. Sophocles indeed did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, bring in many new things. such as leaving out the action of the Poet (for before the Poet himself acted) by reason of the badness of his own voice; he found out white shoes, which the Actors and Dancers wore; he made the number of Dancers fifteen, before but twelve; he fitted likewise his Tragoedies to the natures of the Actors, etc. but that he invented 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I cannot find. Somewhat likewise was added by Euripides: g T. Magister. as to set out the Argument of the Fable in the beginning of the Tragedy, as you may observe; leading the Auditor, as it were, by the hand to the last and principal point of that one action which he would represent, which by the glory of our nation, h In the de●ence of Poesy. S● Philip Sidney, is not past by, as frivolous, without noting. These three were the Princes of Tragic style, who exhibited to the People every year at some certain solemnities their Poems, striving who should get the victory by the approbation of judges, chosen for that purpose, called i Heinsius in Proleg. ad A● 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and k 〈◊〉 〈◊〉. C●esiph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Ten in number, think some, at first, gathering out of Plutarch, in the life of Cimon, authority for it. Because when he had brought the Relics of Theseus out of Scyrus, Aphepsion the Archon, in gratulation to him, chose not the judges as soon as the Theatre was filled, and spectators placed; but presently after Cimon entered the Theatre with nine more of his fellow Captains, of each Tribe one, after accustomed sacrifice he swore them judges, who gave the victory to Sophocles, but then young; for which Aeschylus grieving went into Sicily, where he died, and was buried near l P●ot. 〈◊〉 p. 352. l 39 Gelas. But out of this place we cannot prove that the number of these Critic judges was always Ten. This we acknowledge done in testimony of high acceptation of Cimons' service. And yet in judgement upon Tragedians, the number might be so great. For there seems to be a difference between the judges of Tragoedies and Comedies. The number of Tragic judges, grant we haply to be such as we speak; the power incontrolable, as from whom there was no appeal to others. m Heinsius loco 〈◊〉 Cum neque provocatio ab iis ●sset, neque de quibus illi iudicarent, magistratus caeteri sententiam pronunciarent. The Comic judges were in number but five, from whence came the Greek proverb, n Z●nobius. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. sub quinque judicibus lis est. The o A● Aves p. 562. Scholiast of Aristophanes speaks somewhat uncertain. judges, quoth he, pass censures upon the Comedians, & they who had five voices were happy. Those wereall. For if there had been ten of them too, it would have made nothing to the Poet's felicity to have had equal voices. For the odd gave a great stroke. Hence wishes the Chorus in the behalf of the Poet▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to be Victor by one voice only. Another difference is that, whereas the Tragic judges had free liberty of suffrages beyond the power of the people, the Comic had not: For when Aristophanes taught his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they so much took the people, that they applauded the Poet, cried him up Conqueror, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says p Var. H. l. 2. Aelian and commanded the judges to write Aristophanes' uppermost (as the fashion was, which q Avib. p. 562. Aristophanes calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the most excellent first, the next to him second, and next to him third (which was no small praise, according to that of Quintilian, as I remember, Honest●m est in second is tertii●ve consistere) and no other. For which cause I suppose the Poets before reciting, were wont to sacrifice, and pray for the favour of the judges and spectators. 〈…〉. Aristophan. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉— Where the Scholiast interpret 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 truly as it is to be understood, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to supplicate. And good reason. For if they pleased not the people in reciting, they were overwhelmed with stones. To which use s 〈…〉 Aristophanes points. saying— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; nay sometime would they hiss them, which they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sometime stamp them out of the Theatre, which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ by 〈…〉. Pollux interpreted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Another difference is that 〈◊〉 contra ●siph. p 9●. the Comic judges were punished if they judged not right, the Tragic not so. And for these reasons have ●ome conjectured, nay positively written, that their judges were of two sorts, old and new, in which matter, if there be place for a conjecture, mine is, that they confounded both, making no odds between the Critic judges of Tragoedies and Comedies. But of this, Reader, you may determine as your Authors shall afford authority. Before judges, as I said, the Poets in emulation presented their labours, and they who in their opinion lost the day, were said * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by 〈…〉. Casaubon interpreted non stare. The time of exhibiting their Tragoedies, were the holy days of Bacchus called Dionysia in agris, or Lenaea, in the month Posideon, on the Anthesteria, or Dionysia in Limnis, in the 〈◊〉 Anthesterion, on Dionysia in urbe in the month Elaphebolion, to which I find added the Panathenaea by Thrasylus in y 〈…〉. Laertius, which some deny, yet the same write that when Sophocles exhibited but one, it was at this festival. I say but one, because it was a custom among the Poets of ancient days to entertain their people with more plays than one. Mos autem Tragicorum Graecorum fuit Athenis, ut modo singulas committerent fabulas, modo plures, says z De 〈◊〉 〈◊〉 〈◊〉 p. 〈◊〉. Casaubon: Sometime in the same year three, and then was it called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; sometime four, and then they styled it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Whereof, says mine Author, the fourth was a Satirical play, the three other now treating of the fortunes of one and the same man, as those of Aeschylus, named therefore Orestia; to wit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Which are all extant; the fourth was Proteus Satyricus. At other times they were not of the same subject, as that of Euripides. Medea. Philoctetes. Dictys. The fourth was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says the Author of the argument to Medea. Where the interpreter seems to me not to reach to the expression of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Messores, Satyros; he ought to have rendered it thus, Messores, Drama Satyricum. For that the word bears this sense is sufficiently dilucidated by b L●b lauda● Casaubon. That the greatest task of action lay on the Chorus, is as apparent as the Sun at noon. The number of them in Comedies were twenty four, and six iuga (each iugum consisting of four; but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 four, each 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 six men) in Tragoedies fifty, until the time of Aeschyius his Eumenideses, the number of which so ●ed the people, c Author 〈◊〉 〈◊〉. that the children and younger sort fainted, & the women suffered abortion; for which reason, says Pollux, the number was lessened (which some deny) by law. They were by that Act brought to fifteen, five iuga: I say iuga, because they were divided into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was when the Chorus entered by three, & then it was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by file. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when they came on the stage in rank five at a time; and this they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sometime one of them entered alone, which they say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of interlocutors the ancients for the most part never had above three; but if a fourth spoke, that they named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; and if the Chorus supplied the part of a fourth actor, it was styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To speak of the several verses of Tragoedies, is actum agere: and I had rather speak of the action, than the art in composing and yet not much, only this of their motions, termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says the Scholiast of Pindar, is a turning from the right hand to the left, in analogy to the motion of the universe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the East to the West; because Homer calls the East the right hand, the West the left: Contrary to the Hebrews, who term the South 〈◊〉, which signifies the right hand, and the North they counted the left. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a turning from the West to the East, that is from the left hand to the right, as the Planets move. Another posture they had in their Epodes, for (if it be so in Tragoedies, as in Lyric Music, which I believe) to express the immobility of the earth they stood still. They used Epodes for the most part at the end of the Acts, when the players avoided the stage. Thus much of Tragoedies; the authors of which were highly of old esteemed of; insomuch as after the dismal discomfeit of the d Plut. in fine Vitae Niciae. Athenians in Sicily, they were relieved, who could repeat somewhat of Euripides. Nay, by a law made by Plut in vit. x. Resp. Paus. 〈◊〉. p. 18. Lycurgus, & established in Athens, Aeschylus, Sophocles, and Euripides had statues erected in brass for the continuation of their memory. After Tragoedies had proceeded to perfection, Comedies were with great applause taught, as f De arte Poetica. Horace, Successit vetus his Comoedia, non sine multa Laude— He says, vetus Comoedia, because a Comedy was divided into three, or if you please so to speak, two sorts, the Old and New. I said three sorts, because * Grammat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. the old was different from itself. The meaning is, that the old Comedy, of which Susarion (by some named ●annyrion,) was author, tended only to laughter, being without order and decency. For the Chorus now walking, now dancing about the smoking Altars, sung simplex carmen, some naked verse, says Donat. Which by Cratinus was redressed; for he ordained three Actors, and mingled with his sport, profit, I mean for instruction. For under the Democracie it was lawful to exagitate and propose for a laughing stock Captains & corrupt judges, Citizens given to bribery, and such as lead a dissolute life, naming the men upon the stage and fitting the Actor● with vizards, bearing the shape of those whom they intended to deride. But as the state grew to an oligarchy, that licence was taken away, Eupolis being cast into the sea by those, against whom he wrote his Comedy Baptae, and so drowned. Nay, there was a law enacted not a Hermog. 〈◊〉. p. 76. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to name any whom they wrote the Comedy of. Of which Horace, ▪ Sed in vitium libertas excidit, & vim Dignam lege regi. Lex est accepta, Chorusque Turpiter obticuit sublato iure nocendi. But when Alexander of Macedon grew potent and a terror to Greece, the Poets fearing lest any of their abusive wi● might displease the great Macedonian, they changed the Argument of their plays, and instead of abusing states & people, they fell upon ancient Poets, or some part of History not truly written, personating the Actors so as to be most ridiculous: b Donat. Ge● ad omnes ●nes qui medioc●bus fortunis agunt▪ etc. sometimes scoffing on the stage at mean men, and this they termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the new Comedy. But afterward it was a piece of the Athenian policy to forbid that the people should be tossed on the stage, unless they would themselves, says c Athen. Rep. Xenophon; knowing that none were wont to be brought thither but▪ the wealthier sort, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Some are of opinion that no Player came on the stage until thirty or forty; I dispute not the matter; sure I am that Sophocles taught his first Tragedy at twenty eight, in which doubtless himself came on the stage. It being among the Athenians no disgrace▪ as the Romans accounted it, to appear there. d Praefatione ad vitas. p. 2. Aemilius Probus. In scenam verò prodire, & populo esse spectaculo nemini in eisdem gentibus (Graecis) fuisse turpitudini: quae omnia apud nos partim infamia, partim humilia, atque ab honestate remota, ponuntur. The place where the people beheld these plays and pastimes was in the market place▪ 〈◊〉. 〈◊〉. 〈◊〉. l. 4 c. ult. where they nailed scaffolds to a black▪ poplar tree. For in ancient time they had no Theatre of stone, only of wood which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. f 〈…〉. 〈…〉. Aristophan. — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉— These were built by some, who upon some consideration of money admitted any to a seat, named therefore g 〈◊〉 in 〈◊〉. p. 245. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Once it seems places were not hired. But there grew great enormities and abuses. For striving to get places, there rose wrangling and brawls, and fights; wherefore the Attic Senate ordained that each place should be hired for two oboli (in the Consulship of Diophantus, a Drachma, say some, whence rose the Proverb, h 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; because at the establishing of it, there fell hail) This money they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: because with it they did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, buy a seat to behold the show exhibited. Now because the poor people had not to give, & so were deprived of the spectacle, Pericles desiring to be popular, made a law that they should receive out of the City's revenues two oboli each man. i 〈◊〉. Leo●. p. 617. n. 〈◊〉. 51. For the right of exacting which money, they were to produce the authority of the Lexiarchicall Rolls, as appears out of Demosthenes. For the distribution of this were certain officers appointed, named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But afterwards Apollodorus strove that in war and public necessity, these ●ummes might be employed in military affairs, but he endeavoured in vain; Eubulus in ●lattery to the people, enacting it capital for any that should attempt that which Apollodorus did; Which makes k 〈◊〉. 1. p. 〈◊〉. Demosthenes desist, willing, yet not daring to persuade to convert the money to the use of the Army. But see the folly of them! l 〈◊〉 apud Plut. Mor. p. 421. For they spent as much on these sports as in obtaining the Mastery and liberty of Greece. And the end was miserable: for they became 〈◊〉, and so put their necks under the Macedonian yoke. m Lib. 6. fine. justin of the death of Epaminondas. Siquidem amisso, quem aemulari consueverant, in segnitiem torporemque resoluti, non ut olim in classem exercitusque, sed in dies fest●s, apparatusque ludorum, redditus publicos effundunt: & cum auctoribus nobilissimis, 〈◊〉 ●atra celebrant, frequentiùs scenam, quam castra visentes. ●ficatores Oratoresque meliores, quam duces laudantes. Tunc vectigal publicum, quo ante milites & remiges alebantur, cum urbano populo dividi c●ptum est. Quibus rebus effectum est, 〈◊〉 inter otia Graecorum, sordidum & obscurum an●ea Ma●edonum nomen emergeret, etc. Of the Theatre I will say little, as also of the stage: Only that the places in the Theatre were not promiscuous. For there was a distinction between the Senators and younger sort. The Senators was named n 〈◊〉. p. 578. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among which it is probable the judges had the first place, as o 〈◊〉. 4. 〈◊〉/ 1●. p. 202. Pollux. The seats for the youth were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. One part of the stage was Orchestra, in which was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, either a Tribunal or an Altar. That upon all their stages there was an Altar sacred to Bacchus, is apparent out of Donat: he says it stood on one side of the stage, before the doors, Pollux: who names it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. There was moreover a Table called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, on which before the time of Thespis some body ascending in the Poet's place, did answer the Chorus. p De Musica. p. 441. Plutarch thinks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because that before the building of theatres the ancients embracing Music only for institution of youth and praise of their Gods, sung the commendation of good men, and honour of their Deities in Temples. LIBER TERTIUS. CAP. 1. De Legum latoribus Atticis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. De sanciendis Legibus. AS a Lib. 2, p. 27 justin hath been too forward in relating the mutation of the Athenian government, passing by the perpetual and decennal Consuls, and naming only the yearly: so hath he erred in the original of their Laws, making Solon the father of them. But it seems otherwise. For, as b Arist. Plut. 〈◊〉. 67. Gerardus hath observed, Theseus gave Laws to the Athenians. And c In Thesco p. 8. l. 2. Plutarch witnesseth, that when he congregated the Attic people, and constituted a Democracie, he reserved only to himself the government of war and custody of the Laws. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Add to this, that before the knowledge of letters & writing, it was a custom among the ancients to sing their Laws, lest they might forget them, used in the days of d Problem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉. 189. b. Aristotle by the Agathyrs●, a people near to the Seythians. Whence afterwards the rules of Music, for the true keeping of time, singing, & playing, are supposed to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Neither may it be thought otherwise, because all the notes of the e Vide 〈◊〉 〈◊〉 〈◊〉. Lydian, Hypolydian, etc. Doric, Hypodorick, etc. Phrygian, Hupophrygian, ●onick, etc. songs were distinguished by the Alphabet. Yet f 〈…〉. Plutarch is of opinion, that they derived the word from those bounds, which the Musicians of old prescribed, for the tuning of voices or instruments, lest they might be confounded; and therefore he calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. g 〈…〉. Idem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The greeks, says h 〈…〉. C●cero, think the cause of this word, ius suum cuique tribuendo, intimating 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifies to distribute, because the Law gives every man his due. Thus see we, that there were Laws of yore, let i 〈…〉. justin say, Nullae civitati leges tunc ●rant, quia libido regum pro legibus habebatur; That the City was without Law, because the wills of Kings were Laws. In succeeding ages, & b●fore Solon too, Draco gave Laws, living about the three k 〈◊〉 〈◊〉. 〈◊〉. 〈◊〉. hundred and ninth Olympiad. His Acts, says l 〈…〉. Aelian, were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by m 〈◊〉. 〈◊〉. 〈◊〉. Ulpian is interpreted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A Law giving in precept how to make a Law. And yet n 〈…〉 Aristotle calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, giving them this commendation, that they are not worth remembrance, but for their great severity. Which gave occasion to a 〈◊〉. li. 〈◊〉. l. 〈◊〉. c. 44. Herodicus to say, that they were not the Laws of man, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in a double sense of the word, which is also put for a Dragon. And b Plut. in 〈◊〉. p. 6●. l. 2 Demades, that they were not written with black, but blood. For he punished every peccadillo almost with death, those that were convicted of idleness, or stealing of potherbs, alike the sacrilegious and man-slayers. Wherefore were they made of none effect by Solon. ●or he abrogated all, except those which concerned murder, entitled 〈◊〉. p. ●0. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Him succeeded * His 〈◊〉 〈◊〉 100 〈◊〉, says Plutarch. in strength. In Solone p. 66. & afterward by little and little decayed. 〈◊〉. Var. 〈◊〉▪ l 2. c. 22. If any 〈◊〉 against them, he had corporall punishment. Solon, a man so well tempered, and equal betwixt the Commons and the Peers, that he was beloved of both, having still a care, lest while he should side with one, he might displease the other. Whom, for his uprightness, 〈◊〉. juvenal styles justum, and for the care of the Republic, which d 〈◊〉 〈◊〉 〈◊〉. Demosthenes avers he had in all his Laws, e 〈◊〉. 190. Aristophanes' terms, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a lover of the people. f In 〈◊〉. Plato brings him learning his Laws from a Barbarian: And g In 〈◊〉 〈◊〉 6. 1. 31 Plutarch tells us that he traveled after wards into Egypt. But it seems by h L●b. 22. Ammianus Marcellinus, that in the making of his Laws he had the approbation and judgement of the Egyptian Priests. Et Solon adiutus sententiis Aegypti Sacerdotum, latis iusto moderamine legibus, Romano quoque juri maximum addidit firmamentum. i 〈◊〉▪ Diodorus Siculus relates two things brought from thence to the Athenians by him. First, that all the Egyptians were compelled to bring to the governor's of the countries their names written, and by what means they sustained themselves; wherein if any were found false, or that lived by unjust gain, he fell into danger of life. Secondly, it was a custom among them, that payment should be made only with the goods of the debtor, and that the body should not suffer. For they thought the estate alone to be subject to the creditor, the body addicted to the Cities in which they lived. Neither was it fit that Soldiers, who were to undergo hazard for their country, should for usury be committed to prison, or the country be in jeopardy for the avarice of some one man. Which induced Solon to make the first decree, as k 〈◊〉 vitae Solon●s. Laertius and l In Solone p 62. l. ●. Plutarch say, of freeing the bodies; which, if there were not where withal to satisfy the craving loaner, were compelled to serve. He therefore cut off all use, a Pint●h. p. 6●. as some write, or else b Androtio. lessened the burden of it, making it more moderate by his Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: so called from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to shake off, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an heavy weight. Forgiving himself first, c 〈◊〉 laud. as Laertius, seven talents; or, as d 〈◊〉. 62. 〈◊〉 〈◊〉 〈◊〉, 〈◊〉. Plutarch, five. But this seems to have been done for the avoiding of the aspersion cast upon him as accessary to the injuries of some, who having an inkling of his intent, borrowed much money with hope of never making restitution. e In Laert. 〈◊〉 14. Casaubon is conceited, that this was not his first exploit, but long after he had sat at the stern of the Weal-public. Yet it seems probable; There being no more compendious way to make a man popular, then to give liberty to the common people. Which he, to bring in an innovation of Laws, did willingly invent; and they afterwards lovingly accepted. For in testimony of their approbation, they kept a festival named f Plutarch. p. 62. l. 43. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Here likewise may you observe the ancient flattery of the Athenians towards their own vices, putting gilded names on those things, which themselves were ashamed of, call g Plutare. loc● laudato. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. as our blades name drunkenness good fellowship; whores, she sinners; and nigardise, thriftiness; springing from this root of Solons, who called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. h Demost. p. 477. To these Laws two ends were proposed, mutual commerce, & direction of behaviour towards the state. i Idem p. 484. To curb wickedness, and unjustice; and to punish offenders that they might be bettered. And although they were the ordinances of Draco and Solon, yet may we fitly call them the Athenian Civil Law. Each City, as k Insticut 〈◊〉 Tit. 2. Sed 〈◊〉 quidem civile ex unaquaque civitate appel latur, veluti Atheniensium. justinian teaches, giving a denomination unto her Statutes. Nam si quis velit Solonis vel Draconis leges appellare ius civile Atheniensium, non erraverit. They were engraven in tables of wood called l Sch. Apollo. Rho. Argo. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, triangular, if we may believe the m In Avibus pag. 604. Scholiast of Aristophanes, who quotes Aristotle and Apollodorus, witnessing that they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 also, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the elevation. n Vide Plut. pag. 66. Some are of opinion that the Rites pertaining to the Gods and their worship were written in the Cyrbes, and Laws belonging to men in the Axones. Apollodorus says that all decrees are called Cyrbes, because they were written in stone, and so set up, a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. which from their standing, were termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I know that decrees, merits, praise and dispraise too, were written in▪ stone. Whence b Vide Nonnum in N●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be put for a Treatise tending to a man's disgrace. But this by the way. These Tables were kept in the Acropolis, translated afterwards to the Prytanaeum by Ephialtes, where to the days of In Solone pag. 60. Plutarch, some relics of them were to be seen. The Autographon or copy written with his own hand was not removed, but those that were transcribed by them. Because in matters of doubt and controversy they might have recourse unto them. * Poll●. x. l. 8. pag. 4●8. For the distinction of which, some think that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used in Demosthenes for that in the Prytaneum. Others for the Law in the lower part of the table; but to me it seems improbable, for then the number of the table ought to be cited; and indeed, one Table sometime could not contain a Law. For we read in d Solone pag. 63. l. 37. Plutarch, that the eighth Law was cut in the thirteenth Table. I am not averse from the guess of Petitus, who supposes the Orator to mean the Law which afterward he quotes; not ignorant of the opinion of some, who think that it is to be understood of the under line. For the Laws being written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, couverso sive retrogrado literarum ordine, says e In Pausaniam p. 426. Silburgius; which f In Eliacis pag 174. Pausanias explains, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the right hand to the left, g Eodem lib. pag. 165▪ or more significantly, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When the second verse begins at the end of the former, as in the race which they call Diaulus, or if I shall speak nearest to the word, as husbandmen turn their Oxen when they plough, as for example. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See those that have written of diverse ways of writing. They therefore take the lower, that is turned, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. After this manner were the Laws written, and doubtless there were some customs as strong as Laws. For although the Lacedæmonians governed by tradition of custom▪ and the Athenians by written statutes, as h Contra App●onem Vide Iusti●anum. Inst. l. 1. tit. 2. josephus, yet surely had their customs great force, insomuch as i In Avibus pag. 576. Aristophanes uses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. a Pag. 577. Scholiastes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. So did the b Vide justinianum. greeks divide their Laws into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, written and unwritten. The unwritten, sine scripto ius venit, quod usus approbavit, use. The c In Aiacem Locarium. Interpreter of Sophocles thus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A Law is a written custom, and a custom an unwritten Law. Besides these there were decrees, which they termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, psephismata, a word used by d In Orat. pro Flacco. Cicero, nothing different, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. e Cont. Leapt. p. 296. Demosthenes. who means in virtue and power. For they differ much. f Aristides. Tom. 2. p. 30. A Law maintains justice once found, common for ever. A Psephisma follows the necessity of the time, as it differs in events: it directs not warlike affairs, but is applied unto the occasion of arms, and as laws can be abrogated, so degrees changed. And here ought we to note, g Demosthen pag. 416. that no decree is greater than a Law. Of decrees there were two sorts; h Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P. 417. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such as the Senate by itself established, which were but of twelve months continuance; to the confirming of which, the people were not convocated, or their consent required, termed i Vlp. in Dem p. 418. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which Demosthenes proves to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Ulpian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Like to the edicts of the Roman Praetors which lasted but a year. k In Verr▪ 1. Cicero. Qui plurimum tribuunt edicto, Praetoris edictum legem annuam esse dicunt. In other decrees the opinion and good liking of the people was asked, for the giving of the authority unto them, which endured in force a longer time. l Ulpian loco laudato. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And therefore we may easily know a probuleuma from a decree of the people's confirming, by this observation. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only, gives us to wit, that it is a probuleuma. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in the beginning of a decree, shows it to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Senate always sat in consultation about that which was to be enacted, whether any damage might accrue to the State by it or no, the Law commanding that no decree should go forth without deliberation. m Vlp. in Arg. Orat. And. p. 181. Vide Dem. p. 182. n. 10. vi. Plut. Solone. p. 63. l. 31. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Which done, the Prytaneiss took certain Tables and wrote on them Such or such a day about such a time there should be an assembly to consult of these and these affairs: and this they called a Sch● Naz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 55▪ vid. Vlp. in Dem. p. 240. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When then they were assembled▪ and the people purified, the decree was read; which if the people allowed of▪ stood; if not, decayed. It was forbidden that any should raze out a Decree of any Table. And he was brought in question of life, who should presume in making a decree to pretend a fallacy. Now because future time might haply perceive some inconveniences to arise by oversight in their Law giver, and that as abuses should happen, which in his days were not discerned, so there would be a necessity of making new statutes: It was ordained therefore that every year there should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which b Demost. p. 445. Ulpian expounds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A consideration of what ought to be done concerning the Laws. c V●d. Dem. loco 〈◊〉. The manner was thus. Every eleaventh day of july in the assembly after the Crier had made his prayers, as his fashion was, and shall anon be spoken of, the Laws were read over in order. First those which concerned their Senate, next the weal-public, and thirdly the nine Archons, & afterwards the other Magistrates. Then was it demanded if there were Laws enough for the Senate, and so for the Commonweal, etc. If any of the Laws in force were to be abrogated, it was adiournied until the last of the three days of the three Convocations. On which the Prytanes, appointed for the revising and reciting of the Laws, were to take the matter in hand. The Proedri chief of the Assembly, were to d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthen. Vlp. expe●ds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ to report. acquaint them with it. Five men at the first meeting, were chosen out of all the Athenians, who should patronise the Law to be abolished; and according to the judgement of the Nomothetae, chosen out of the Council of five hundred, was the business carried, that the Laws should be of none effect, or full strength. Whosoever would bring in a new Law, was to write in a Table, e Cont. 〈◊〉. p. 446. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthenes, the form thereof, and set it up at the Statutes of the Heroes before spoken of, f D●most▪ p. 297▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which standing in a place conspicuous, that some certain days before the Sessions, any Citizen might read what was to be handled; and if any so pleased, he might at the proposal of the Law declare his mind either for▪ or against it, as at the preferring of a Bill in our High Court of Parliament, where it is not denied any Burges, or Knight of a shire, to speak his opinion pro or con, either with any whole Bill or some part thereof, or in opposition to it, or some one clause. Provided likewise, that he, who attempted to enact a new Statute, should take care for the disannulling of the old, that might contradict it, otherwise he came within the compass of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ a writ of Transgression of the Laws: which was of two sorts. First, when time is not observed in writing them, a Vlp. in Dem p. 297. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Next when one is made that is adverse to a former. And if it so happened, that any persuaded the people to make a Law that was not commodious to the weal-public, he might be questioned within b Dem▪ Orat. Arg. con. Lepunem. a years space▪ c Dem. p 419 but if the time was expired, he could not. d Idem p. 468. Nay, they slew Eudemus, a Cydiathenian, for bringing in a Law they liked not; scarce different in that one example from the Lo●ri; among whom, he that would propose a Law, should do it, his neck adorned with a halter, that if his request pleased not, he strait way poured out his soul under the hands of the hangman. Their Orators, which are called e Geli●s 〈◊〉 c. 13. Is. Ca●listratus A'the nis Orator 〈◊〉▪ it, quos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellant. Livy Dec. 4. of Athens. ub● Oratio plurimum pollet, favore multitudinis alitur. Ulpian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because they lead the people with their Rhetoric and flattery, wrote Laws and decrees, as we learn out of f Pag. 468. ●. 225. Demosthenes; and therefore are they deciphered by g Dipnos, l ● Athenaeus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. CAP. II. De Comitiis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. etc. THE Assemblies were called by the Prytaneis' four● time 〈◊〉 〈◊〉 thirty days. 〈…〉 In the first they confirmed the Magistrates in their offices, if all things were managed well by them, otherwise they put them out. They heard public causes, looked into confiscate goods, and possessions left by inheritance. In the second, any one with leave might freely speak of private and public affairs. In the third they gave audience to Ambassadors, who before aught to deliver their letters to the Prytaneiss. In the fourth, they treated of holy things, such as belonged to their Gods and worship of them. The first meeting was the eleaventh day of the Prytanea; the second the twentieth; the third the thirtieth; the fourth the three and thirtieth. I find a difference between the g In Achar. p. 371. Scholiast of Aristophanes and Ulpian in the day on which they came together, one making the first day of the Month to be the day on which the first assembly was, the other h In Dem. p. 445. the eleaventh of the Prytanea, which seems truest. And whereas they both write that every month there were three lawful assemblies, to wit, on the first, tenth, thirtieth; or tenth, twentieth, thirtieth, we are not so to reckon them▪ but according to the Prytanea, it being the Prytanes charge to congregate the people. They seem to have been called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because in them they did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, establish decrees, as the a In Acharn. Scholiast of Aristophanes. Other assemblies there were which are termed b Vlp. & Sch. Arist. loc. laud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when war, or any sudden accident troubled the State, than the people were called together over and above those four times in a Prytanea. They are styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because the people of their own accord met on the other days; but when they would have a Convocation some went about the City and called them. There is likewise c Poll. p. 405. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when they were summoned out of the fields to go to the Assembly. It seems to me that the Crier in the streets on their lawful assemblies gave some token when they should hasten; and so much d In concionantib. p. 725 Aristophanes' witnesses, bringing in the women speaking that it is high time to be stirring, because the Crier— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, had cried the second time. And indeed need was th●e of some warning, & compulsion too; for so slow were they in coming to assemblies, that the Logistae were fain to thong them to the meetings, as the Scholar of Aristophanes on these words, e In Achar▪ p. 406. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sometimes they took a rope, and dying it with red earth, they sent two slaves into the market place, who should one of the one side of the way, & the other of the opposite, pursue the people, and to whose chance it fell to be marked with the paint, paid a certain piece of money. Hence in the f Aristoph. Achar. p. 371. Comedian-▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Up and down they shun the cord stained with Vermilion. And again— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. jupiter, the red earth which flew about made laughter. g Scholar Arist. loco laudato. Sometimes would they take Hurdles▪ and barracado all the streets except those that led to the Ecclesia: Sometimes take away all their saleable wares which they brought into the market, lest people's intent on their traffic should absent themselves from the Assemblies. When they had met oft times the company would be dismissed at some prodigious sign, as thunder, lightning, tempest, and the like, which they called h Vide Arist. p. 379. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.: i Plut. p. 386. l. 7. & 384▪ l. 34. and earthquakes, or other occasions, deferring the Assemblies meeting until the next day. When they were come together, and the Senate ready to sit, one man sacrificed; which rites were called a Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 241 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because they were done at the entry of the Council. b Vide & Ulpian. p 351. Ulpian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I will not justly say that it was the purification made with a young pig, before the bench was sat▪ and yet I may presume to aver it; the Grammarian that interprets c In Contion p. 728. A. Aristophanes witnessing that immediately preceding the Sessions this custom was observed by one, whom they named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifies cleansing, because by that he purged the Assembly, Theatre, and congress of the people. After they were sat, d Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 213 the Crier did pray for the good of the people▪ e Demosth▪ p. 418. and cursed those who should offer to deceive the Senate or people. After this, he spoke with a loud voice, f 〈◊〉 Austoph. p▪ ● 〈◊〉. D●od. Si●. l. 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Who will make a speech; whereupon one of the g Demosth. p. 29. Aeschines contra Ctes. initi●. Elders arose that gave his verdict, it being not permitted to any to utter his opinion, before the reverend hoary head had spent this judgement▪ Whence by h Philippi●. 1. Demosthenes they are styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, those that were wont to orate. After they had finished their sayings, others had leave to declare themselves. Neither must we omit the fashion they had to exclude all private men from their assemblies sometimes, when the Senate alone sat, or the Areopagitic all Council; sometimes to debar all servants, strangers, and men deprived of their liberties from their convents, which at other times they admitted, and then was it called i Plu●. p. 552. I 11▪ 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an open Theatre to all comers. The place of meeting was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pnyx, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ from the frequent concourse of people there. It stood on a rock, and therefore by Aristophanes is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 345. Sch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. There was a stipend for them that came to Assemblies, as you may see in Demosth. contra Timoc. And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Because they might be at leisure without damage. Aristot. Pol. l. 1. c. 13. They assembled also in Piraeeus. Vlp. in Dem. CAP. III. SECT. I. De Tribunalibus Atticis, & primum de Senatu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When the mutiny between the faction of Megacles & Cylo disturbed the Attic common wealth, Solon persuaded the people that those, whom for their audacity in drawing away the suppliants from the Altars they named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, should undergo judgement, there were chosen 〈◊〉. Sol●, p. 〈◊〉 〈◊〉. three hundred men, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ according to their worth, to sit upon the case. But these were not a perpetual iudicatory For when the people murmured at the cutting off of the usury money, than was the ˡ Grand Council ordained; out of every Tribe, which were then but four, an hundred chosen, who by their advice should direct the people in those things which were to be handled, lest any thing should be inducted, or proposed to the Assembly, without due consideration. Who from their office in a Democracie, m Polit. l. ●. c 8. Aristotle says are more properly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but where the Rout rules, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But when Clist hens, who by Plutarch is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, had augmented the number of the Tribes from four to ten, eighty six years after Solon's Laws were received, he made the number five hundred, taking fifty of every Tribe, which doubled ten times make up the fumme. This Council by Aristotle is described 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Mistress of all the rest, and I am not of opinion that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in a In Solo● p. ●3. Plutarch, is to be understood of the Ariopaguses, as if that were above the Senate, but as instituted first by Solon, and so related by the Author. And yet I know b Possardus. false▪ for Pausanias calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in Att. p. 27. l. 1● one writes. Tam dignitate, fama, quam officio, secundum post Areopagitas locum obtinu●. To this Council none was chosen under thirty years of age, which time is styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by c In Arg. orat. con. Androt. Libanius. And doubtless d Vita d●cem Rhet. p. 378. Plutarch justifies it speaking that Demosthenes wrote his Orations against Androtio, Timocrates, Aristocrates, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when he had not attained to the managing of state business, because he wanted two or three of thirty years. Agreeing to this is e Stobaeus serm. 112. juneus, who says that Solon admitted none very young, though very wise to Magistracy or Council. Nay the f In Nub. p. 157. Scholiast of Aristophanes tells us that green heads were not permitted to speak publicly. The Law prohibiting any to attempt it under forty, or as some say (which is truest) thirty, on these words, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Which to be otherwise understood by some, is not hidden from me▪ They were called likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and their Tribunal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the word g Vlp. in Demos. p. 445. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifies to throng together, because the people were frequent there. But the more probable reason is, h Vlp. lo●. 〈◊〉 ●ide & Austoph. S●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because the place was open and exposed to the Sun. And in respect of this i 〈◊〉. Pag 〈◊〉. Aristophanes makes that cold conceit branded by Didymus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, In the morning thou shalt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the sun shine. At their admission they had this oath given them. k Dem. Orat. 〈◊〉 Tim. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. etc. I will give sentence according to the Laws, and decrees of the people of Athens, and Council of five hundred; I will not consent to be a Tyrant, or bring in an oligarchy: Neither shall my approbation be to any that will dissolve the Democracie of Athens by speech or decree I will not cut off private use, or suffer a division of the Athenian lands or houses. I will not bring back exiled men, or those that are condemned. I will not thrust out of the city any innocent against the Laws and Statutes of the Athenians and Senate of five hundred▪ neither by myself or suffer any other. I will not create a Magistrate, who hath not given an account of his former office, whether of the nine Archons, or agents for the holy things, or they, who at the same day are chosen with the nine Archons by lot, Ambassadors and assistants. Neither shall the same man bear the same office twice, or two in one year. I will not take gifts for judgement, neither myself or other for me, or others with my privacy, by fraud or deceit. I am not younger than thirty. I will hear both parties, the accuser & defendant alike▪ I will pass judgement aright on the thing prosecuted. I swear 〈…〉 by jupiter, Neptune, Ceres. * There is also another oath which they took; some clauses whereof, we have left in record. To ratify the Laws of Solon. Plutarch in Solone, pag. 62. To give counsel for the best of the people. To advise according. 〈◊〉 the Laws. I will not bind any Athenian who shall give three 〈◊〉 of the same revennewes, unless for treason, or he conspire the subversion of state popular, or buy custom, o● b● engaged, or gather public money and not pay it. I will sit in that order which lot shall direct me to. I will not permit any unless ●anished, to be accused or imprisoned for what is past. This last was made after the driving out of the 30 Tyrants, when a Vide Xeno. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉. P●l. 1. 〈◊〉 〈◊〉 ● 2. p. 84. 〈◊〉 Sch. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉. ●ont C●siph. Thrasybulus gave them to oath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not to remember ancient wrongs, which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The authority of this Council was great, for it handled causes of war, tributes, making of Laws, civil businesses and events, affairs of confederates, collections of money, performance of sacred rites, accounts of offices discharged, appointing keepers for prisoners, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Orphans, as Xenophon. c See Sir Th. Smith in the Common wealth of England▪ Resembling our b Athen. Rep pag. 407. Court of Parliament in England, by whose consent all Laws are abrogated, new made, right and possessions of private men changed, forms of religion established, Subsidies, Tails, Taxes, and impositions appointed, weights and measures altered, etc. As not unlike also the Venetian Gran Consiglio, or Senate, of which the Contarene. d As Eranch● Andi● hath translated 〈◊〉. lib. ●. fol. 34. B. Tutta la cura del governs della Republica appertiene all Senato, etc. The whole manner of the Common wealth's government belongeth to the Senate. That which the Senate determineth is held for ratified and inviolable. By their authority and rule is peace confirmed & war denounced. The whole rents and receipts of the Commonwealth at their appointment collected and gathered in, and likewise laid out again and defrayed, etc. In a word, I may say of these five hundred, as a In Pandect. P●o. p. 298. Budaeus of the Parliament of France: Amplissimam ●am curiam causarumque omne genus disceptatricem iustam ac legitimam esse, that that Court is most ample, and justly and equally decided all sorts of controversies whatsoever. b Dem. p. 385. To their charge was committed the making of new ships, for which at the years end they were to be rewarded by the people. To this alludes c Au. b. p ●46 Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉;— d 〈◊〉. A●. p. 93. Without their consent could the people do nought, as indeed they made not any thing sanctum against the people's wills. Hence in e Pag. 234. Demosthenes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In testimony of their pre-eminence are they termed f Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. and g Idem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Lords of sentence. In time of war they would send Commissions to their Captains, as they thought requisite. h Plut. in Cimone p. 3●6. 〈◊〉. Such as in the battle between the Lacedæmonians and their country men in Tanagra, where fearing lest Cimon banished by Ostracism should betray them to the Laconians, they sent to the Commanders not to entertain him in the Army. This honour was not during term of life, but every year changed. Apostolius. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Which Anonymus in Arg. Orat. contra Androt. expresses by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The manner of choosing them is this. i Ve●o Emmius in Descript. Re●p. Athen. The chief of every Tribe, on an appointed day before the beginning of the month Hecatombaeon, brought the names of all their Tribe that were capable of this dignity, and cast them written into a vessel, and into another they put an hundred white beans and all the rest black; Then drawing out a name and then a bean, to whose chance the white bean fell to be extracted with his name, was designed Senator. This they did when they had but four Tribes, and so four hundred Senators. But when they had ten Tribes, there could be but fifty white beans, to the making up of the tenth part of five hundred. This differs not from the election observed by the k Cont●en. l. 1. fol. 11. ●. Venetians upon the fourth day of December, when the names of all the young men that have not by lot obtained the right of citizens, ' nor passed twenty five years old, are put into a pot, and carried unto the Prince, and there the same set before the Councillors, with which there is another pot, wherein are round balls equal with the number of the names written in the first, every one having his marks, the fifth part of these balls is guilded with gold, the rest with silver. The Prince taketh out of the first pot the ball, which if it be of the golden sort, the young man whose name is drawn, is presently admitted to public authority, they to whom the silver chance, lose it for that time, expecting it the ensuing year, unless in the mean space they accomplish twenty five, at which age all the young Noble men partake of the City's liberties. So every year the fifth part of the yo●kers is chosen to give voice with the other Citizens. The use in choosing I deem the same, & shall until I find authentic writers contradict it. But the number, as augmented by Clisthenes according to their Tribes, so by his successors. For when they added two, the number was increased 100, by reason of the Tribes Antigonis & Demetrias after named Attalis and Ptolemais in honour to the Kings of that name which were benefactors to the State; a Stephanus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 b Arist▪ ●hol. p. ●7. Out of these were their judges chosen; but such as were above three score years old. For although juniors were admitted into this company, yet none judged under that age. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. To these was any business referred, of which the Senate and people were in suspense what to determine. c In Verpis. p. 471. Aristoph, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When the Council and people are in doubt how to judge a great matter, They decree to deliver over the guilty to the judges. And no marvel. For the office of a judge is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, prerogative in sentence, says d Pol. l. 3. c. 1● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristotle, that is, to state those Questions which the Law hath not decided. The order of their giving sentence before the third year of the ninety second Olympiad I know not. Afterwards they sat by t●rne in their own Tribes every one as his lot fell. For there being formerly ten Tribes in Athens, they chose out of each five men, and to which one of them the chance happened, he sat judge. I cannot say that the manner of election was like that of the e C● V●rrem A●t ●. Syracusans concerning the Priest of jupiter, who taking the names of so many as were nominated, and casting them into a pot, created him, whose name should first be drawn, of that sacred function. But of our own must I speak. f A●st p●an. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 30. When then they were appointed, they met, every of them bringing with him a Table and a wand on which was written a letter that did betoken some judicatory, (For there being ten Tribunals every one of them was noted with a red letter, Α, Β, Γ, Δ, Ε &c to Κ over the door) time calling them to sit, they drew lots, and he to whom A. was taken out, sat in the Court noted with A. and B with B, and so to K. This done, they showed their lot to the Praeco of the judicatory, who gave them their Wand & Table▪ This they did, lest any should rashly attempt to sit, and pervert justice.. I know not whether I may better call that rod of authority a wand or staff: because that g Suidas proverb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, was a proverb used in derision of the judges. h Sch. Aristop. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 30. This staff at the day's end they brought to the Prytanes, who gave them their wages; But the a In Equites. pag. 301. Scholiast teaches us otherways, saying that the Demagôgi paid them, it being manifest out of Cleon's words the Orator, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- judge's which I feed. Their pay was not always the same, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, b In Nubes pag. 174 says the Interpreter of Aristophanes. First they had obolum, which Calistratus, surnamed Parnytes was author of. Hence the proverb c Appendix 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Afterwards it was augmented by Callicrates, and from him grew the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it may be for a pretty sum of money. Nay it d Zenobius. changed, for now I read of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one, and anon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 three, a e Sch. Aristop. pag. 487. Drachma to two. And therefore may we conclude that it was sometime more, sometimes less. Thus having spoken a little of their judges, I proceed to their cases of Law, in which I shall add. When any had received wrong in Athens, it was their custom to make their cases known to a Magistrate, whose office it was to report to the judicatory. And this they did by a Table in which was written, f 〈◊〉 Dem p. 343. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I accuse H. B. and cite him to the Court by W. N. not unlike the Romans proceeding, who brought the name of the delinquent to the Magistrate before the accusation; to which g Asinaria Act. 1 p. ●4. Plautus alludes. Ibo ego ad tres viros vestraque ibi nomina Faxo erunt.- when this note was given up, the Magistrate asked the Plaintiff, whether he had witnesses and would prosecute the matter, who answering that he intended it, had thereupon authority to summon the Defendant to his appearance, and this he did either by himself, or other, called therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, h Sch. Arist. 100 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a bringing into suit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The word signifies a witness also. For when they warned any to the Tribunal, they bade any that stood by to testify that they had admonished them. i Sch. Arist p. 442. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. You may ●use 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for an apparator, Sergeant, Bailiff or the like. Sometimes they would run straight to the Court, as it were headlong, in k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p 596. 〈◊〉 Demosthenes his phrase, sometimes the Suitor would forth with draw the Defendant, if he were loath to come, as you may see out of l In Vespis pag. 487. Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉-. But if the party could put in two 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sufficient bail, he was dismissed. Hence in the m A●st. Concio. p. 75●. Comedian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I will procure thee a couple of able sureties. Sometimes they would appoint a day of appearance, that might be a week or more, after the vocationem in ius, at which time if the Defendant were not personally at the judgement seat, he came within compass of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Writ of Eremodicium, refusal to come in and answer. Which was avoided by suing for a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in ten days after. For when the party to defend was absent, he was condemned indict●●ausâ, so a In 〈◊〉 & 〈◊〉. No. ad 〈◊〉. Budaeus expounds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by this therefore the case was renewed, and stood as at first▪ the sentence that before past, being made of no force; and for this was it termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, b Vlp● D●m ●●43. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because in the beginning it seemed to carry some power, but at last was nothing: The business than made a new, the party that was cast by an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, after that he had obtained a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, was c 〈◊〉. l ● 〈◊〉. within two Months to set the Law on foot, which they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or else the sentence given before was ratified. Whosoever should offer to call any man to the Court, unless upon good grounds, was liable to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a writ of molestation for a false cause. Having thus far proceeded, the Impleader gave in a Libel, which held contents of his action, and the sum of the defendants answer. This the greeks call d 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Antigraphen. Though I know also that all cases in law were termed e Aust. Nub. p. 1●4 v. Sch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. They took this course because the Defendant might know what to answer. And because it was ordinary in Athens for knave's to accuse out of envy, which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they made a f Demost. p. ●6. n. 7. Law, that whosoever accused and had not the fifth part of the voices, should be fined a thousand Drachmas. And he that could not prove his objections was also punished in the purse a certain sum; g Arist. Scholar p. 170. which if he paid not at the constituted time, was four fold; & if his ability reached not so far, he suffered imprisonment. At the presenting of the Antigraphe, testimonies were also delivered, (forms of which you shall often meet with in h Vnum 〈◊〉 Stephan. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 622. a●d p. 624. 629. Demosthenes) & a copy of an oath, which the Suitor gave, in these words i Sch. Arist. Vesp. 505. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that he would justly accuse. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that he would according to truth make his Apology: and this they name k In Vesp. p. 467. 505. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. These writings were cast into a certain coffer, forth coming as occasion should require; all which l In Ves●. p. 504. Aristophanes in one verse comprehends. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. They joined or put together oaths, citations, and testimonies. I so interpret it against the Scholiasts mind, who will have. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be exhortations given to the Plaintiff and Defendant to come to composition. But I know that m Sch. Arist. 2●9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to accuse, in ius rapere, n Idem p. 195 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The chest or coffer was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and of this are the words of the Greek Orators to be understood o D●nosth. 622. n. 〈◊〉. 629. n. 8●. 640. n. 22 6● n. 65. 6●5 n. 66. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p Ch●act 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 2●. Theophrastus' of a mad man that would entangle himself in any thing, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Having an Echinus in his lap●, and a bundle of libels in his hands. Pollux makes a different exposition of this oath from that which other Grammarians do, confounding, as is most probable, the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is that first oath which the Plaintiff gave to prosecute, the party prosecuted to answer, which on the defendants side was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and generally on both. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Sacrament taken by both, the Impleader that he did a ●nol. A●stoph. Vesp. 5●5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, follow the delinquent in law: the defendant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to stand stiffly to it that he did not trespass. And yet b ●a Demost. p. 28. Ulpian makes both these one. After this were they that sued one another admitted to the judicatory, it being first demanded of the Suitor c V●de 〈◊〉 Dem. pp. 〈◊〉. 341 whether he would persequi, follow the suit, and had sufficient witness for evidence; in causes capital it was asked if there were need of any, who could not then be present. This interrogation was termed d Bud. in An no●. Rel. ●. Pan. p. 341. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If then any thing was deficient the judgement was prorogued by an e Ulpian in Demp. p. 226 the Scho. of Aristoph. Ma●es it the ●ame with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P. 75. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or oath, which the Plaintif took, that for the present he could not perform it, but certainly would. f Ulpian in Demost. 341. Perhaps for that time pretending sickness, death of friends, or some urgent necessity, on which their fortunes might depend. When then all things were ready, and at hand, they proceeded towards the Tribunal, the judges first swearing g Pollux. l. 8. pag. 406. that they would give sentence according to the Laws, and in those things concerning which there were no Laws, according to conscience and equity (which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) h Dem. pag. 628. and of those things only concerning which they did debate. This oath seems to have been taken at the Altar, from whence they brought their little stones (of these by and by) with which they gave sentence. i Pag. 122. Plutarch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The oath is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Then went the judges to their seats, k Aristoph. Sch. p. 239. neatly spread with mats, in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and all others being warned by the Praeco, to go without the Bars▪ in this form l Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they sat down. For we must know that the Athenian judicatories were environed in, as the Romans, with lettuce I suppose, by them called m Pollu●. lib. 8. p. 407. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cancellatae, by the greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n Pollux loco citato. though 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 more properly signify the door of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, before which was o This is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux. a rope of fifty feet length drawn, and public servants set, that none might enter, but who had business. The partition I think was but weak, and therefore by Demosthenes called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Within which none was permitted to come but the judges. And therefore p Pag. 485. when a Plutarch. in Vita. Demosthenes did long to hear Callistratus plead concerning Oropus, he over entreated his Pedagogue that he would bring him, where he might have the happiness to be an auditor. The Pedagogue therefore acquainted with the public officers that opened the doors, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, procured him a place where he might hear and not be seen, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When then the judges had gone within the bars, lest any should be wanting the Praeco cried b Aristoph. pag. 494. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, if any judge be without the door of the place of judgement, let him enter. c Aristoph. Sch. Ibid. Because if any came after the case began to be pleaded, he could not have admission. Being then seated the Crier read the Indictment, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (a copy of some part of which you have in d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 567. Demosthenes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; etc.) in which according to the custom of the e Boemus De. Costum delle Genti lib. 1. cap. 5. old Egyptians, were given up to the court in writing all the reasons of accusation, the wrong received and the manner of it, with an estimation of the damage; The several heads of which the judges wrote down, lest the Impleader and defendant should swerve from what they had in hand. Then stood up the Suitor in a pulpit on the left hand of the Tribunal, and spoke an accusatory oration, made for the most part by some of the Attic Orators: which use brought in by * Arist. Rhet. Antiphon the Rhamnusian, f 1. c 33. 〈◊〉 nat. 1. pag. 226. Clemens of Alexandria calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, g ●a Bruto. Cicero, scribere aliis causas, quibus in judiciis uterentur, such as Lysias is reported to have done for Socrates: Which lest it should exceed in length, was limited to a certain time, by a vessel, in the bottom of which was a small hole for water to run, as sand doth in our hourglasses, thence called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, into which was poured an equal measure of water; and lest there should be deceit, there was an officer made for that purpose, named h Pollux l. 8. p. 404. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, filling alike for the Impleader and answerer. i Ulpian in Dem. p. 356. When therefore the glass was run, it was not lawful for them to speak farther, k Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 586. nay for scantiness of time they were compelled to pass by many things; and for that reason were they chary of their water, bidding that it should be stopped at the reciting of Laws, or the like, which Demosthenes intimates in- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to stop the nose in l In Pluto. Aristophanes. m Apologia. Apuleius. At tu interea dum legit, aquam sustine. Pancirollus. Ne si aqua interim effluxisset, amplius sibi dicendi praebita foret facultas, lest he might not have leave to speak any more, if the water were spent. If any would give way to another to speak while his glass was running, he might; which Demost. testifies, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But if he would not permit it, he bade the Praeco cast it forth a Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ulpian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, From which kind of pleading it grew into a proverb b Aristoph. pag. 617. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, c Tusc. Qu. l. 2. in fine. Cicero, ad clepsydram, to speak by the hour or an allotted time. His speech being ended, he sat down. d Ulpian in Dem. 226. The defendant then sitting all that while over against him, until he had finished, after addressed himself to his answer, which he made from the right hand of the judicatory; where he had a pulpit, and station; For this reason says e Problem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristotle, because they would make both parties equal, For the Suitor having the better part, they gave the upper hand to the defendant. Or because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or defendants, were for the most part in custody; If therefore the guard stood on the right hand, the defendant stood there also. Thence than he pleaded for himself; in which plea, he was only to wipe out those accusations which his adversary laid against him, f Ulpian in Demosth. p. 252 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, And in that had the plaintiff a prerogative. For he might object what he would; nay and as g Loco ●to. Aristotle, forecast all before he commenced his suit, and feign to himself what he pleased; The defendant, perhaps innocent, was at that instant to clear himself, h Demosth. ●. either by witness, or probabilities, of all doubts, whatsoever the plaintif could cast in. Sometimes the plaintiff and Defendant would desire Advocates of the judges▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, hence i Clemens Al●nd. These 〈◊〉 certain pe●oggers under them, that ad● the Laws and ●es of action. Cicero apud Graecos infimi homines mercedul● adducti mi▪ nistros se praebent in judiciis Or●toribus i●, qui apud ill●s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●ntur. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to plead for a fee. In the time of their pleading, witnesses were called, who came in, and gave their testimonies▪ and after they had uttered what they had to say, they went to the Altar (as it seems to me, either in, or very nigh the judicatory) and swore. k Corneliana Vide at A●i 〈◊〉. l. 1. c. 1●. Cicero. Athenis aiunt cum quidam apud eos sanctè graviterque vixisset, & testimonium dixisset publicè, &, ut mos ●raecorum est, jurandi causa ad aras accederet, una voce omnes judices, ne is juraret, reclamasse. They report that in Athens when a certain man ( l Vide 〈◊〉 in 〈◊〉 〈◊〉▪ Xenocrates) who had lived Godly and gravely among them, had given witness, and as the fashion of the greeks is, approached to the Altar to take oath, all the judges with one voice cried that he should not. (They would not, it seems, have belief rather be bound with religion than truth) Fit to this is the answer of Pericles to a friend of his desiring him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to testify a lie, which he was to avouch with an oath, I am your friend, quoth he▪ to the Altar, that is, as far as conscience, religion and honesty shall permit▪ hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 usque ad arras, grew, I suppose to be a proverb. Plut. Apophth. p. 112. Whether in this ceremony they touched the Altar, I cannot justly say; in delivering their testimonies they were wont to touch the tips of the ear (for reason to me unknown;) called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etymologicon; (But I rather may suppose it to be a Roman fashion, where the Plaintif was wont to pluck his witness by the ear, for remembrance sake. Horace lib. 1. Sat. 9 Licet attestari? ego ve● auriculam— To which Virgil looked, saying Cyn●us ●urem ve●it & admonuit. F●log. 6.) and at the end thereof wish all destruction to themselves and house if they dealt Falsely. Which if they did, they were subject to a writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of false witness, and he that suborned them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sometimes the witness was not present at the doing of the wrong, but took it from others by hear-say, which the Greek Lawyers term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as m Demost●. pp. ●. ●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when they take it from those that are dead, which went for currant, and was allowable: But to bring a testimony from the Mouth of one that was alive, and within the territories of Athens, it would not pass. As neither theirs who were discarded the liberties of the City, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; or servants, or any man in his own cause. a V● in Demost●●. The manner of witness was twofold, either by personal appearance and testifying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and then he was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in no case liable to the Law, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: or else by writing, by which he offered himself to his questions or attachments in Law, against whom he witnessed; if he were not true; and this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Both parties being heard and the altercation ceased, the Praeco cried, To whom E. N. hath seemed to violate right, (so they interpret 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, jus violare) let him cast in the black stone, or hollow, to whom he seemeth not, the whole or white. For we must know that anciently the greeks gave their sentences with black and white pebbles, called b Aristoph. 438. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (which the French semblably term Porcellaines, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 porcus) c Metamorph. 15. ●. 1. Ovid. Mos erat antiquis, ●iveis atrisque Lapillis, His damnare reos, illis absolvere culpa. The antique fashion was with white stones to absolve, with black to condemn the accused. Pertinent to which is the saying of Alcibiades, when he was called out of Sicily to go home and answer for his life, counting it foolish to go thither, whence he never was like to escape; when one asked d ●n. 〈◊〉. lib. 1●. c ●▪ Plut M● p▪ 1●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Wilt thou not trust thy country which begat thee to be thy judge? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quoth he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. No not her, that brought me forth. For I fear lest she being ignorant, and not conceiving the truth, mistake the black for the white stone. The black made tristem sententiam, and was so named; the sad sentence; the white candidam or acquitting. They used likewise black and white beans; in respect of which Pythagoras is thought to have spoken as a riddle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not to eat beans, by e In N●z. Stelit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nonnus interpreted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Not to undermine justice with bribes; or that men should get by the perverting of equity. I see no reason, but that I may think he means men ought not to be forward in getting places of judgement. For f Pagina 290. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Aristophanes is by the Scholiast expounded 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and g Lysistrata. p. ●70. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used for a judge, which properly signifies an eater of beans. But afterwards they had little pellets of brass; The bloody ones of them were pierced through, therefore termed, h Pollux. l. 8. pag 407. Ulpian. in D●m. 47●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: the saving were whole, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of these every one took, of each one, from the Altar, as I have said, i Ulpian in Dem. p. 162. where laying their hands upon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or balls, they intimated by a transposition of them (as from the black to the white, and from the white to the black again) that they would not for envy or by respects, but indifferently and truly judge. When then they were ready to pass sentence a Aristoph. 485 the Praeco carried about the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a certain pitcher (for so b Pag. 263. Xenophon calls it, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) having on the mouth of it a conveyance like a tunnel, named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but the top thereof was covered close, except a little hole for one pellet at a time to be put in, made for avoiding of deceit, I suppose, lest one man might cast in more; and therefore were they to touch the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, only with the forefinger, middle, and thumb. c Pag. 43●. vide Scholiast. Aristoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But we must know that the black and white pellets were not promiscuously cast into one pot, but two; d Aristoph. Vespis 500 The one which freed was made of brass called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whether because they first threw into it their voices, or because it may signify the better, I know not; The other that condemned, being wooden 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. After the Crier had gone round with both, because some would keep their balls, and for favour not give their voice against a friend or great person, therefore he cried e Aristoph. Vespis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Who hath not cast in his ball? let him rise. So he rose and threw it in. Then they took them out and numbered them; and in matter of lands, money or the like, whose vessel (for there were as many set as the number of the litigants came to) had most; got the upper hand. At the counting of them a Magistrate stood by with a rod, and laid it over those that were told, lest they should mistake the one for the other or wittingly do it. For so were they wont to do; thence named f Scholar N●▪ in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Which g Sophocles A●acc. p. 68▪ Teucer objects to Menelaus about Ajax, when by his deceit the armour was given to Ulysses; and therefore he calls him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: not amiss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. h Scholar Arist. 438. When the number was known, if the white or solid balls were more, they took their tables, which they had in their hands, and drew a short line, as a token of absolution; if the black or hollow were more, they drew a longer line, as condemning. Hence i Aristoph. Vesp. loco. cit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, may be used, for to condemn every body. The thing itself they termed k Pag. 491. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Aristophanes. By this the one party being overthrown ( l Aristoph▪ p. 472. as none ever was without the sentence of the judges) his adversary wrote down what damages he should pay, which they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ●. 454. Plutarch▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. n Scholar Arist. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. pag. 5●. For it was a use of old for those that went to Law to make agreements (I know not whether by oath, for they did swear by three Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and put it into the Echinus, that they would stand to such and such conditions, before sentence, that he that was cast should undergo somewhat; and afterwards 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is set down what loss of limbs or life, or means etc. For although they did o Scholar A●st. 74●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 give their estates as pledges to answer and meet at the Court; yet it may be that might be less or more than the fine. There was in causes capital an other proceeding, like to that in the City of a Contaren. de Rep. 〈◊〉. lib 3. Venice; where they gave two sentences. In the first they determined whether they should condemn or free; If in the first he was condemned, the manner of punishment was ordained in the second. But if in the first they found no cause of death, they bade the accused to fine himself, which b Apolog. Socr. p. 265. Xenophon intimates by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and if it were too little the judges doubtless made it more, as the Scholiast of Aristophanes, if I forget not: The custom is set down by c De Orat. 1 ●ol. 61. b. Cicero, speaking of Socrates. Ergo ille quoque damnatus est etc. And he too was condemned: nor only by the first suffrages, but also by those which by the appointment of the Laws they were to give the second time. For in Athens the accused being found guilty, if the offence were not capital, they weighed and considered the penalty. When the sentence was to be given by the judges, they asked the defendant, what he thought himself to have deserved to forfeit, etc. (In the Venetian Commonwealth this is not observed.) In trial if there be more for the prisoners liberty, then against him, he is straight acquitted, but if more than half be in the pot of condemnation he suffers. d ●tius in 〈◊〉 p. 115 Socrates at the first had two hundred eighty and one more against him, then on his side; and at the next eighty more were added to the former, so in all he had three hundred threescore and one condemnatory suffrages. But fewer might have done as much. For we read in e Pag. 436. Demosthenes of Cimon like to be punished with death 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, if three had not been wanting. And again f Pag. 430. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nay one was sufficient, g Pag. 338. Demosthenes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But Ulpian on the place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says, that he was lightly punished. h Aristoph. p. 244. If the voices were equal, than was the prisoner loosed; because sometimes he might be accused upon. suspicion; or of those things which he did not willingly commit, or perhaps was sued out of envy, and many other reasons given by i Probl. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristotle: therefore did the Lawgiver leave some place for pity and compassion. To which the judges were often moved. And therefore would they plead the k Dem. p. 492. deserts of their ancestors; their own lives formerly well led. l Aristid. T. 3. p. 292. Sometimes showed they their wounds; and brought n Aristid ●oco cit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. the venerable grey hairs of their parents, but m Dem. p. 493 mothers chiefly, to intercede in silence: Sometimes embracing their children in their arms, they held them up in the judge's view; or caused them to a Aristop. pp. 469▪ 499. come up into the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or pulpit, & supplicate with tears; which wrought so much upon the judges, that b Vesp. p. 499 Aristophanes in a scoff presents one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, drowning his sentence in weeping. Then in compunction would the judges speak to the prisoner, c Sch. Ar. 500 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, wishing him to go down from the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a token often of mercy; though now and then it proved otherwise. Nay it was a word of displeasure too, as when d L●ert. Socr. p. 115. Plato would have been Advocate for Socrates. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they thundered out, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Neither may I forget e Aehan For hist. l. 5. c. 19 Amynias the bro ther of. Aeschylus the Tragedian, who, when the people would have stoned his brother for some impiety brought on the stage, held up his elbow and arm without a hand, lost in the fight at Salamis: by which spectacle the judges calling to mind the merits of Amynias, dismissed the Poet. Neither may I omit what f Athen. Rep. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P. 404. Xenophon objects to them, that they cared not so much for justice, as regarded what might conduce most to their own profit, and be convenient: g Apol. Socr. initio. And that they condemned innocents, and spared offenders that could speak well. Furthermore another fault of theirs was the prolonging of cases a whole year, says h Athen. Rep 406. Xenophon, and i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 752. 753. They are tran slated foolishly into latin. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is what the Proctors in the Ciull Law usually mean by in proximum, in proximum. Aristophanes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Now we do not handle suits of above threescore years, but we are put off until the next day. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For we come to trial within twenty years. This Xenophon imputes to the multitude of their employments. As long as the case hung in suspense, the name of the accused was (as among the Romans, whence k Budaeus in Pand. No. Re● p. 31. Rei penduli) exposed in a public table to the view of all men; which they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Demosthenes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. l Demost. in M●d. 347. Ulpian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. You see here the place too, viz. at the Statues of the Eponymi. Before a man was convicted, all that they objected to him was but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by m Cont. An●o. 388. Demosthenes termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a bare report; but after proof 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. After judgement past, n Dem. p. 406 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. An indictment of sacrilege, theft, murder, treason, is but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; the evidence and conviction makes it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the sentence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. CAP. III. SECT. II. De Areopago, & eius appellatione. Areopagitas. ON the hill, on which the Acropolis was built, stood the Ariopaguses, in the old translation of the Acts of the Apostles rendered Vicus Martius, by our Englishmen, Mars his Street, Falsely. For a When Tullius had divided the Roman field he made on high hills & places portified by nature, refuges for the hasbandmen and called them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉:. Dion. Hal 4. Not as if it signified a village, but as it was situated. For Pagus ●lla rustica comes from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Because built near a well. Perot. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bears not that signification, but what b In Acta p. 136. justin Martyr interprets, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an eminent place. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For that judicatory was on a high rock. Therefore named by c Eumenidib. p. 296. Aeschylus, & d Elect. p. 836. Euripides, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by e Metamorp. l. 6. fab. 2. Ovid, Scopulus Mavortis, and f Vide Scalig. in conject. Ennius, Areopagitica petra: so called, as fond Antiquity would have it, g Demost. p. 413. Paus. p. 26. Simeon Met. & Pachyman vit. Dionus. Areopag. from the judgement of the twelve Gods upon Mars, for killing Halirrhothius the son of Neptune. But h Loc citato. justin Martyr, because he was there arraigned of advoutery, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But alike true. It pleases me well to consider the superstition of the ancients, that consecrated high places to their deities, and erected the statues of their Gods upon hills. As i Paus. At●. p. 31. Parnes, Hymettus, Anchesmus, whence jupiter Parnethius, Hymettius, Anchesmius. And as in Athens, Neptune had a hill 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Saturn another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pan another. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Mercury another, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Mars his Ariopaguses. k Eumen●. p. 290. Aeschylus gives it a nomination from the Amazons, sacrificing to Mars there, when they came and fought against Theseus. Or if you will receive the opinion of others▪ it takes the name from the cases in it handled, of blood wilfully shed: so Hesychius, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, That when l Satyr. 9 v. 100 juvenal calls it Curiam Martis, you may interpret it, The Court of murder, but willingly committed. This is termed by the m Aeschylus pag. 297. Tragedian, the most uncorrupt, sharp, reverend council, than which nothing is more constant (says n Ad Atncum. l. 1. ep. 11. Tully, comparing to it the Roman Senate) nothing more severe, as by o De bello Tro. l. 6. p. 147. Pseudo Dictys Cretensis it is styled judicium severissimum per omnem Graeciam. Then which none judged better, more just, or honest, says p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 44●. Xenophon. q In Solone pag. 63. Plutarch writes that this Court was ordained by Solon, and r Offic. l. 1. Cicero received the like opinion; but that seems to contradict it, which Plutarch presently brings, quoted in the thirteenth table, that they who had lost their liberties should be restored again, unless they were condemned by the Areopagites, Ephetae, Prytanes, Basilois, of murder, slaughter, tyranny, when that Law was enacted. And by and by s Loc. lau● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Who were condemned in Ariopaguses before Solon's time (if he first instituted the Areopagites.) t Pollux. l. 8 p. 4●. Others are of opinion, that Solon added the Areopagites to the Ephetae (judges so called because when formerly the Basileus made inquisition after murder unwillingly committed, Draco made it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is▪ translated it to the Ephetae, their number was but fifty one. And though they judged in five Courts once, yet by little & little they became ridiculous.) u De 〈◊〉 M●g. p. 〈◊〉 Possardus says, he abolished their severity▪ and substituted the Areopagites. But a De Rep. ● 〈…〉 Vrbo Emmius more probably, that Solon was not the Author of this Senate▪ but brought it into a better form, made it more strong and firm, and augmented the power of it. For Draco it seems lessened the authority of it, deriving it to the Ephetae; Solo● restored that authority and made it greater. b Vide Maximum in Prolog●ad S. Dionies. opera & 〈◊〉. lib 2. in vita 〈◊〉. To this company none were admitted, but wise, wealthy, and noble men; c 〈…〉 famous for good life, and innocence, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whom no man could justly charge of misdemeanour. Nay, men, whose behaviour was intolerable, d 〈◊〉. in 〈◊〉 p 133. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, after they were chosen into the College of the Areopagites, abhorring and blushing at their former dispositions, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, changed their natures, & embraced virtue. The number of them is uncertain. e L●co supra laud●to. Nicephorus makes them but nine; as Maximus too out of f Atth●d. l. 2. Philochorus; Pachymerius fifty and one. But what Maximus produces after, is somewhat, that they consisted of fifty and one, beside the Nobility most wise and rich. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. By which words he seems * They were of those Magistrates that were chosen by Lot, as the 〈◊〉, The▪ smothetae, Basil●us, Po●. for which cause 〈◊〉 was not of that number because he never attained to these 〈◊〉. Plut ●n 〈◊〉. p. 113. to aim at the nine Archontes, g Anonym. in Argu. Oratio. Androtia. who when they had governed one year, and given an account of their offices, and had administered all things justly, were chosen yearly into this society. For which election annual, the number was doubtful. For some might die in that space; or all live, and in the next year be increased. Uolaterran out of an old inscription in Acropolis, that they were three hundred; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. To the most famous Rusius Festus, Proconsul of Greece & Areopagite, the council of Ariopaguses consisting of three hundred; and the people of Athens set up this monument for a testimonial of his good will and benevolence. But that might only happen when this was erected. h Anonymus lo●o 〈◊〉. They continued all their life time in this dignity, and were never put out, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, unless for some grand offence. i De statu Italiae adversus Mach●avel. Bozius tells us (how true I wot not) that they were all Priests. Athenienses olim, etc. The Athenians, quoth he, did strive to challenge to themselves the prerogative of wisdom, and to them is it bent what the Apostle says, The greeks seek after wisdom. Nevertheless their Ariopaguses, who had the power of all things consisted of judges that were Priests, and the High Priest of all that asked every of their sentences, took the suffrages. Their authority was unlimited. For k 〈◊〉 Solon. p. 63. they were overseers of all, l 〈◊〉. Va●. l. 15. c. 1●. Dem. p. 〈◊〉. judges of wilful murders, wounds given out of pretended malice: which would make some, having a desire to drive a man out of Athens, go to a Chirurgeon and make an incision in their heads, that they might sue him whom they hated, upon an action of battery, as m Demost. ●n Orat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Mantitheus against Baeotus. They sat upon incendiaries, and impoisoners, if the party died that took their doses. a Dem. p. 445. They saw that the Laws b 〈◊〉. should be put in execution, such as Contaren would have in Venice to be Guardians to their Statutes. c In Sympos. unless I am extremely forgetful. It is quoted likewise by Athenaeus 〈◊〉. In a word all great delinquencies came under their censures. They inquired into the behaviours of men; and we read in d 4. p. 167. Xenophon that they sharply reproved a young man for his loose living. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. says the Dipnosophist. e Lib. 2. c. 6. Valerius Maximus. Est & eiusdem urbis f Aristides T. 1. p. 331. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. sanctissimum consilium Ariopaguses etc. There is likewise in that City the most sacred Council Ariopaguses, where they were wont most diligently to inquire, what every of the Athenians did, by what gain he maintained himself, and what his trade and actions were. That men, knowing and remembering that once they must give an account of their lives, might embrace honesty. g Anon. Arg. O●at Androt. The Greek author tells us that except in great cases of necessity they meddled not with state affairs, but it seems otherwise. For if any one say, quoth h De natura Deorum. 2. Tully, that the Attic Republic can be well governed, without the council of the Areopagites; he may as well say that the world may be governed without the providence of the Gods. When the Medes and Persians invaded Greece, i Est enim bellum 〈◊〉 ●onsilio 〈◊〉. C●cero 〈◊〉. 1. by the advice of them was the war waged, wherein Themistocles purchased an ever lasting memory of a victory. k Plutarch. in 〈◊〉. pag 84 l. 3. And when their public Treasury was bare, they furnished each man with eight Drachmas, and stored the ships with Mariners. Which advice, when they had won the day, was a cause, says l Poli●. l. 5. c. 4 Aristotle, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to give strength and sinews to the Commonwealth. m Isocrates Reop. p. 132. Under their sight were all the youth of Athens. For this reason especially, because that when they were reckoned among men, and were come to age, they needed more care to be had of them, than when they were children; not observed by our countrymen in sending their sons young to the Inns of Court) youth and heat of blood, unstaidnesse in judgement, rashness in adventures, and proneness to vice, leading, or rather carrying headlong tender years to their own destruction. To them appertained blasphemies against their Gods, violating of religion, and divulging mysteries, as when n baert. lib. 2. ●n A●istippo. p. 〈◊〉. Euryclides the Hierophanta in answer to the question of Theodorus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; who offended against the mysteries? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, replied, such as open them to those who are not initiated. Therefore quoth the Philosopher, art thou impious. For which crime, had not Demetrius Phalereus befrended him, the Hierophanta was in danger, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to have been brought before the Council of Ariopaguses. By virtue of which authority St Paul was here judged for teaching strange Gods (as they supposed.) a 〈◊〉 Met●phrast. For although that the Athenians were under the Romans, yet their Lords made them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sui iuris, and permitted them to keep their ancient customs. The manner of proceeding in this Court, was thus. After the felony committed, the appellant brought his indictment to the Basileus, who giving the prisoner and his accuser audience once a month, at three several times to debate the business, in the fourth month, brings in the accusation to the Areopagites, b 〈◊〉. 〈◊〉. 8. and putting off the crown which he was wont to wear, sat down as judge with the Areopagites in the dark: for they judged by night, says c Hermot●m. p. 5●5. Lucian, that they might not regard the speaker, but what was spoken. It being there forbidden d 〈◊〉. pag. 4●5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to move to compassion, and use Proems, as in other Courts, wherein they craved the judge's favour and attention, which by Demosthenes are termed e 〈◊〉 Vap. in D●most. pag 396 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This ᶠ Aristotle calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to speak beside the matter. Before the trial both parties swear (which they style g P●llux loco 〈◊〉. Dem. cont.. 〈◊〉. p. 413. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) The appealer standing upon the testes of a Goat, a Ram, and a Bull (usual to the Greeks, as Tyndareus swore the Suitors of Helena, that they should revenge any wrong done to her and her predestinated husband, h Pausanias' 〈◊〉. p. 103. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and Hercules to the children of Heleus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) took oath, therefore named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; in which he maintained that he dealt justly and rightly, and that he was joined in affinity to the slain man; k Demosth. p. 608 & 41●. These agreed, sa●es Possard. about the punishment, according to the damage received. De Athen. Mag. p. 449. which if he were not, he could not prosecute, the Law forbidding. The reason why he stood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, I suppose is, because they are the instruments of generation, and in that oath, if he were not true, he wished an extirpation of his house, 〈◊〉 and his posterity. In which if he were perjured, he was liable to no punishment, as among the Romans. i Idem ●niacis. p. 126. jurisjurandi contempta religio satis Deum ultorem habet. For swearing is punished by a revenging God, but if any swore false by the life of the Prince, he fell under l Lib. 2. C. de r●b. cred. the julian Law, Laesae Maiestatis. After this the prisoner swore; which among us will not be allowed. Then setting each of them upon a Paus. Attic. p. 27. two silver stones, one of which was named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the stone of injury; the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by Adrian junius thought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of innocence, not impudence. Then the appealer asked the prisoner three questions, which b Eumen●d. p. 292. Aeschylus calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. First, whether he were guilty or no, c Ibidem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; to which he answered, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, yea or nay: secondly, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; for what reason he did the murder. Thirdly, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; who were the Abettors. Then arose there certain Lawyers, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, who showed whether the murder was committed d Es●hylus p. 293. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in justice. ( e Demost vid. p 647. For in Athens there were such Counsellors, to whom in matters of difficulty they had resort) By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, you must understand those causes, in which f Demost. p. 312. Draco thought it lawful to kill a man. As taking him committing uncleanness with wife, mother, sister, daughter, or concubine, or any whom he accounts among his children; the party so offending might V●d. Demost. cont. Aristoc●. be slain in the manner by him, against whom he had trespassed. Likewise, in the defence of a man's goods, if the thief were killed, impunity was granted. After this inquisition, they passed to sentence, which was given very privily as juvenal intimates. Ergo occulta teges, ut Curia Martis Athenis; without speaking (as the Tabellares sententiae of the Romans, in V● Sylvium 〈◊〉 O●at. pro 〈◊〉. which they wrote C. if they condemned. A. if absolved. N. L. if the case were not manifest) hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for one that is close and silent; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for one that is grave, and who can hold his peace, and in whose countenance is g ●entius. tristis severitas. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Whatsoever they concluded of, stood irrecoverable, h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P●hymerius. neither could there be any appeal to another Tribunal. And no marvel. For so upright was their sentence, Demost. con. Aristocrat. p. 413. that none, either Appellant or prisoner, could ever say, that he was unjustly condemned. Nay both parties, as well those that are cast, as they that cast, are alike contented. k Aristides To ●. 1. p. 185 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. After doom the prisoner was to suffer death. In which execution also the Areopagites had a care least the innocent should be punished with the guilty. l Aelian Var. hist. l. ●. c. 13. When therefore they had condemned a woman for poisoning another, they deferred the execution, because she was great with child, and strait way after her delivery put the mother to death. Which custom is by us also observed at our Assizes. m Valer. Max. p. 322. It will not be amiss to relate one memorable thing done in the time of Dolabella Proconsul of Asia, who, when a dame of Smyrna was brought before him, for killing her husband and son, who had deprived her of a hopeful youth, begot of her by a former husband, referred the audience of the matter to the Areopagites; who commanded the woman and her accuser to appear some hundred years after; that by such a bottom of time, scarceable to be unwound, they might show, that neither would condemn nor acquit the woman. One thing more Lib. quito. Quintilian tells us, that they condemned a boy for putting out the eyes of Quails. Because it was a sign of a mind, likely to prove most pernicious. Their power was shaken and somewhat plucked down by b Plutarch. V●. p. 355. & Mor. 391 Ephialtes, a sore enemy of oligarchical government, and more inclining to the people, who was secretly slain by c Plut. in Pericle p. 113. Aristodicus of Tanagra. They sat three days every Month, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. CAP. III. SECT. III. D● judicio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. AFter the siege of Troy some of the Grecians came with Diomedes, d Dictis Cretensis de bello Tro●ano l. ●. p. 14 P. who kept the Palladium, to the coast of Attica, and arriving by night at Phalerum, supposing it to be an enemy country, went to make a prey. Where Domopho ignorant that they were Grecians came to aid and defend his own; and slew many of the Argivi, which they cast out unburied; whose bodies when no beast had touched, ( e Libro octavo pag. 406. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says Pollux, the interpreter, nullus vivus, I better think it no creature, either foul or beast) Acamas showed that they were Argivi having the Palladium; Being warned then by the Oracle (who named them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, f Scholar Soph. in O●d. Tyr. neither knowing nor known) they buried them; and in that place consecrated the Palladium; where they made also a judicatory, for murders unwillingly committed, and called it * It is simply so called Palladiú. Aelian. Var. l. 5. c. 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, juxta Palladium, as some. Here was Demopho first tried, who returning from this battle, killed with his horse, somewhat diverting, an Athenian; g Pausan. Attic. pag. 27. For whose kindred some think he satisfied the Law, or generally for the Argivi. h Demosth. contra Neaer●m. pag. 727. Vide 647. If any had stricken a man or woman, and the party chanced to dye, he was judged in this Court. i Demosth. pag. 329. In such cases the Law was very favourable; for the party offending was not punished with perpetual exile, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as in wilful felony; (kept by us in England once, called Abjuration, (where the guilty had his life upon oath, that he would never return) but he did k Demosthe●es▪ Midiana. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in a gentler term. l Eust. in Il●ad. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. etc. For it was a custom of old, to give a certain sum of money (the Attic Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in wilful, all was confiscate) to the kindred of the slain, that they might not depart their country: but if they could not purchase an abode they went somewhere else. m D● Ponto lib. 1. Eleg. 4 Ovid. Caede puer factâ Patroclus Opunta reliquit. Their discontinuance was but for one year, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The money disbursed n Eustath. But Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vuti● he obtained remission from some of the inred of the slain. on such occasions was properly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, qu●si 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 murder, as if it were the price of blood. And the Scholiast of Sophocles tells us that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is spoken only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of payment of money, but abusively of any punishment. a Demosth. If the party wounded had forgiven the offender before his death, or the allies of the man desperately hurt, none could afterwards compel him to f●ee; otherwise he ●ed. And in that flight he betook himself to some acquaintance; by whom he was cleansed from the guilt with certain ceremonies of washing, which the Romans call Februa. So was Patroclus, Peleus, Medea, Alomaeon purified. 〈◊〉 2. ●o Ovid. Graecia principium moris fuit: illa nocentes Impia lustratos pon● facta putat. Actoridem Peleus, ipsum quoque Pel●a Phoci Caede per Aemonias solvit Acastus aquas. Vectam fraenatis per inane draconibus Aegeu● Credulus immerit● Phasida fovit open; Amphiaraiades Naupacteo Acheloo Solve nefas dixit, solvit & ille nefas. Ah nimium faciles, qui tristia crimina caedi● Fluminea tolli posse putatis aqua. In this ceremony they did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sacrifice, says 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P. 414. Demosthenes, (which custom likewise was observed by the d Pavin. 〈◊〉. p. 74 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Traezenians in the lustration of Orestes from the blood of his mother, which I gather by the feast which they presently celebrated there, and yearly observed afterward. This manner was done with water, as you may read, taken out of the well Hippocrene, made by the foot of Pegasus; the sprinkling was with a little bough of Laurel, as I suppose, by the words following persuaded to it, which tell us, that when the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were buried, there sprouted out of them a Bay tree, and after that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This as I said was in his slight. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The proceeding in this court, was first, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such as before I mentioned, an oath of each party, accuser and defendant: secondly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their speeches of both sides, thirdly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, judgement. If the prisoner were found guilty, that is, unwillingly to have murdered, then had he a time appointed him, how long he should flee, as above said, until he had made peace and gotten pardon from the Cousins of the deceased. CAP. III. SECT. IV. De judiciis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. AT Athens there was a temple erected by Plutarch. pag. 4. l. 19 Aegeus (who lived in Delphinium) to the honour of Apollo Delphinius and Diana Delphinia, a Scholar Arist. pag. 333. where was the Tribunal named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. * Aelian. Var. l. 5. c. 15. In this judicatory were heard cases of murder, when the party confessed the fact, but pleaded that it was legitimate. b Demosth. contra Arist. pag. 410. 411. For the Law required no punishment of any man that should kill another taking him commiting adultery with his Wife, or uncleanness with his Mother, Sister, Daughter, Concubine, or free Children. Likewise if in preservation of his goods or own defence he spilt blood it was not capital. The first that was arraigned here was Theseus, maintaining the right he had to slay the thiefs, says c Lib. 80 pag. 406. Pollux (I know not whether he mean Sciron and Procrustes &c.) and Pallas with his children, d Pausan. Att. p 27. who were rebels. Before this trial of Theseus, whosoever had slain any body was compelled to flee the country, or staying die, were the cause never so just. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Here they sat on things inanimate. As if a stone timber, iron, or such like, fall on a man, and kill him, if the party that ●ung this be not known, sentence was passed on that thing which slew him; and the f Pollux loco cit●to. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that were the Masters of this court▪ were to see this thing cast out of the Territories of Athens▪ to which g Contra Et●siph. p. 103. Aeschines alludes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The first thing that here was judged was an axe, where with the Priest, whom they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, had s●ain an ox on the altar of jupiter Polieus in the time of Erectheus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In that part of Pireaeum which is next the Sea, is a place which they name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from Phreatus an Heros, some think; not because it stood in a pit, whence h Lib. octav. 4●6. Pollux names it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. here they were judged who having fled out of another country for unwilfull murder i Demosth. contra Aristocr. 415. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they that drove him out not acquitting him, if in the space of his exile it happened that he wittingly ●lew another, he answered here. The proceeding was in this sort. The judges assembled in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in a place seated on the Sea▪ k Demost. ib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; where the guilty drawing near in a boat or bark, was to make his apology, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not coming to land or touching it, neither casting anchor l Rodolphus G●lterus out of Pollux interprets it S●alam te● 〈◊〉, putting 〈◊〉 a l●der; the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. or moaring his bark; and if he were found guilty he underwent deserved punishment: if he were not found guilty they cleared him of that fact, not discharging him of the former, m 〈…〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I know not whether I may be of that opinion that others are in this, that if he were cast in this trial, he was exposed to the cruel mercy of the wind and waves. These last quoted words seem to contradict it. The first that ever answered here was Teucer, proving himself to be innocent of the death of Ajax; a D● cre● d● 〈◊〉 〈◊〉 l. 6▪ p▪ 145. whom treacherously circumvented because he defended not, his father Telamonius drove out of Salamis, unto which that he might be restored he made appeal to this court. Which gives light to b Pol●ticon 〈◊〉. 17. Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. judicatories concerning men flying for murder, that care for their bringing back again, such as in Athens, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When the party prosecuting will not admit of reconciliation. CAP. III. SECT. V. De Tribunalibus reliquis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. BEsides these Courts of blood and causes criminal, there were for civil matters these, Heliaea, of which before for the excellency of it I treated. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of this name there were two, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the greater and the middle. In this Court were handled matters ●aies Petit that exceeded not one drachma, to which c Polit. lib. ●. c. 17. Aristotle might be thought to look speaking of judicatories, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. And this was the meaning of d Atticis. pag. 27. l. 13. Pausanias, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suing here for the least occasions. The Vndecimviris were judges of the Court, which made Petit to suppose that it was not to be reckoned among the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It stood e 〈◊〉 ●dem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in an obscure place of the city; whence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ in f Pag. 450. Demosthenes, is by Ulpian expounded, privily, by a Metaphor taken from the situation of this judicatory, or▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from goods secretly hidden. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the form of it, which seems to have been triangular. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the colours that were painted g 〈◊〉▪ Athen. Rep. 〈◊〉 A●t. 〈◊〉 pag. 31. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the post of the entry, answerable to which there was a staff given to the judges, that they might know in what court to sit; For they presently went to that court which had the same colour with their staff. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. From the statue of Lycus on Heros, which was there setup, having the face of a wolf; where likewise the statue of juno stood visaged in the same manner. But we must not omit that the image of Lycus was erected in every court; hence h Zenobius. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Lyci decem, for sycophants and such as corrupt judgement, because that such persons were very frequent and busy there; And so think I Pollux is to be read a Lib. octavo p. 406. The place is extremely cor●, as you 〈◊〉 perceive 〈◊〉 〈◊〉 false Greek. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (understand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the like) at which they who bribed the judicatories met Zenobius helps my conjecture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The b 〈◊〉 Vap. p. 457. Scholiast of Aristophanes writes that this noble Lycus had a Temple near the judicatory, where the judges divided their money for pay, three oboli, to each, a day. c Pollux lib. ● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This was a great judicatory; so named from Metichies an artificer, which built it. Here, who had passed thirty years of his age and was well and nobly descended and owed nothing to the public treasury, might be chosen judge. ●r of such they all consisted. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Some have falsely supposed that there was a Tribunal so called; neither did d 〈◊〉. At. l. 2. c. 12. p. 121. Meursius think otherwise, when he translated these words of e Lib. 8. pag. ●●6. Pollux, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, apud tribunal Ardettum. The fault crept in by the negligence of the transcriber; for the place is thus to be read, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The judicatories were wont to take oath or be sworn in Ardettus. Ardettus is a place near the river Ilissus, so named from Ard ●tus a Peer, who swore the people, being in sedition & mutiny, to love and amity. Where afterwards, as is most probable, the judges took oath (I cannot justly say presently after their election) to give sentence according to the laws; and concerning things to which no Laws were enacted, in equity and justice, f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. by Apollo Patrius, Ceres, and jupiter Rex. And this the Et●mologist affirms, speaking of Ardettus, g Etym. mag. p. 14●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The judges in this place took their oath touching the discharge of their office. From whence among the Ancients such as would presently swear, were called h Casaub. Theoph. Char. p. 178. Ardettis, proverbially; as also those who were perjurious and forsworn. i Etym. Mag. loco laudato. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thus have we viewed the Athenian judicatories, in number ten. For Murder, Ariopaguses, Palladium, Delphinium, Prytaneum, and Phreattys. For other matters, Heliaea, Trigonum, Parabystum (not the Medium but Majus) Metichi forum, & ad Lycum, where the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were wont to sit, says k De Mag. Athen. p. 540 Possardus; of whom; because l Descrip. R●ip. Ath. p. 41. Emmius numbers them among judicia quatuor praecipua the four chief Courts, I will now speak. But of every Tribe were chosen m Ulpian in Dem. p. ●42. forty our men, n Pollux l. ●. p. 4●7. above threescore years old, who judged in several Tribes, as it fell to them by lot. And if any refu sed to s●t according to his lot, he was deprived of the privileges 〈◊〉. Athenian Citizen. o Pollux ib. In former time there came no controversy into the Courts, which had not first passed through their hands (if it exceeded ten drachmas. Although p Demosthenem loco citato. Ulpian tells us that they determined of petty businesses) but that seems to be, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, holy matters, if Pollux be so to be read. For some things there were which came not under their jurisdiction. What ever the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judged, if the plaintiff and defendant, or either of them liked not the award, they might refer it to the Senate (as appears out of the q Pag 67●. Argument of Demosth. Orat. contra Callippum, & r Lib. 8. p. 4●7. Pollux) at which removing of the suit they were to cast their suffrages into a pot as they gave them, on what side soever, for the plaintif by themselves, and for the defendant by themselves. s Vide Dem▪ M●. etc. Vlp●n in illum. p. 34● When they were appointed for the hearing of a case, they were to meet at the place for them ordained, there to expect both parties until the even, at which time if neither, or but one was present, it was in their power to fine them according to the Law. At the time they entered the suit, and wrote the accusation, with the ●ine which was required for damages; they received as a fee from the plaintiff one drachma, which they called t Pollu● l. 8. c. 10. p. 408. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as also another from the defendant, when they gave him his oath. This office was but annual; And because they would pervert justice, (as u Orat. in Baeo●um pro do●e. Demosthenes is witness, * Idem pag. 682 〈◊〉 4●. although they were not to judge before they had sworn) give sentence according to favour, envy, or for gain, therefore x 〈◊〉 loco 〈◊〉. 342. at the years end they made an account of their function upon the last day of y 〈◊〉 Mis● l. 8. p. 211. Thargelion, on which it was lawful for any to speak what he could object against them; and if any were faulty, they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thus much of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. There were other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 likewise, such as our Civilians call Arbitri compromissarii: & we in english Arbitrators: whom two parties choose with a resolution to stand to their determination; whether in matter of debt, covenant, or other controversy soever. Such by the Attic law any might request, but with a necessity of abiding at their judgement. z 〈◊〉 legem 〈◊〉 〈◊〉. p. 〈◊〉. For they could not appeal from them to any other court. To refer matters to their arbitrement, the greeks term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And it will not be superfluous here to relate the story of Bunas an Athenian, whom when the Ele● and Calydoni● had chosen arbitrator in a difference, after he had heard both parties, he prolonged the sentence until at last he died. Whence it grew to a proverb, a Zenob●us. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Bunas judicat, Bunas judgeth, of those that defer to pass sentence, and hold a case long in suspense. CAP. IU. De Nominibus judicialibus. HAving thus treated of the Attic Courts, it follows that I speak of their Terms of Law, Writs, and Accusations. These were of two sorts, private and public. The public were properly termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says b Descr●p. Re●p. A●h. p. 〈◊〉. Emmius. Of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there were diverse sorts. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says c In Demost. pro Corona. p. 159. Ulpian is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of any trespass against the Law, by which the Statutes of the Commonwealth are violated; and most properly, d Orat. contra 〈◊〉. p 2●6. quoth he, elsewhere, it signifies an accusation made according to the Law; or to come nearer, it is the same which in English we call a e 〈◊〉 〈◊〉 ●om. Wealth of Engl. l. 2. 〈◊〉. 10. Writ or Right, in Latin Actio or Formula, as in f In Vi●ellio. Sueton, Iniuriarum formulam intendere, to serve a man with a Writ. g Pollux l 8. p. 3●7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a kind of an Information made against any for abuses in the Mines, or Custom houses, for converting Tribute money to a man's own use, or the like. Which offences were brought to the Archon in writing, with the names of the accuser and accused, and the fine which the parties convinced should undergo, to be paid to him to whom the wrong was offered. But if the Informer had not the 〈◊〉 part of the suffrages, he was to lay down the ●ixt part of the fine; which the ᵈ Orators call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, h Demostner. cont 〈◊〉. p. 699. n. 6. cont. Everg. & Mn●sib. pag. 646. n 9●. cont. Steph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A. p. 622 n. 9 contra 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. ●28. n. 19 〈◊〉. Apho●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 508. n 〈◊〉. because it signifies the sixth part of a Drachma. At the end of the accusation, the informer was to subscribe the names of the witnesses that were present. In general, all discoveries of private injuries are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which in Latin you may name delationes. For which the Romans allotted the fourth part of the forfeit, whence they are styled Quadruplatores; but among the Athenians not so, if i Onom 〈◊〉 〈◊〉. c. 6. p. 〈◊〉. Pollux say right. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The amercement fell to the person injured, although another accused for him. If the fi●e were written down a thousand Drachmas, & the Accuser had not the fifth part of the voices; he paid two hundred and one Drachma; if it exceeded; a thousand, four hundred and one. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a Writ against those that owe to the City Treasury, and yet go about to bear office, says k In Demos●. 〈◊〉. 〈◊〉. Ul●ian, which by the Attic Law was utterly forbidden. The l In Equit. p. 303. Scholiast of Aristophanes, takes it for the accusing of any that did amiss in public affairs; and the m P●g. 〈◊〉. Interpreter of Demosthenes in another place, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for men disfranchised. But n Onom. l●b. 8 p 388. Pollux teaches us that it is a declaration made to the Archon against one taken in the manner; which the Greeks term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, o In 〈◊〉. 1. Schol, Nazianz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pollux expresses by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when the offence is confessed. Because men so apprehended were forced to condemn themselves; no further evidence required then from their own mouths. By which acknowledgement of their guiltiness, without greater trial, they received their doom: p 〈◊〉 T. Smith 〈◊〉. 〈◊〉 Engl. l. 2. c. 26. p. 281 as among us when a prisoner arraigned, confesses his indictment to be true, no twelve men go upon him: there resteth but the judge's sentence of the pain of death. Whence grew our proverb, Confess and be hanged. q Loco 〈◊〉. Pollux 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. He that thus made his declaration, was to subscribe his name, that if he were false, he might be liable to the Writ, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The declaration was against men who were not present. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is a carrying of a man before the Magistrate, being taken in the fact, whom otherwise he was to accuse by declaration in his absence. By which a thousand Drachmas were endangered. In this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; they brought not all offenders to the same Magistrates, but according as they were made judges of such and such offences; r Vap in Dem p. 389 sometimes to the eleven, sometimes to the s I●em p. 407 Thesmothetae, sometimes to the Archon. Now if a man had found out any indebted to the public Treasury, or bound for those places or countries, where it was not permitted for him to go, or one who had committed murder, if by reason of weakness he durst not venture to apprehend the person, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he would perhaps fetch the Archon to the house where such a party lay hid, which the Attic Lawyers term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is when a felon hath committed murder, and flies for succour to any; ( t Dem. p. 416 as the Law suffered any to receive him) if the kindred of the slain or others had required the malefactor to be delivered to them, and the protector would not, it was lawful to enter into his house, and carry away any three persons, as some translate it, or all sau● three, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as others, who were to answer 〈◊〉 Idem cent. 〈◊〉. p. 415. for the outrage done. But who so entered unjustly, was not to 〈◊〉 unpunished. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says * In Dem. p. 58. Ulpian, is an accusation concerning great and public matters, such as x Eund. p. 453 elsewhere he speaks of, to wit, the dissolution of the Democracic; or if an Orator had spoken what was not for the benefit of the weal public, if any went to wars before they were sent, or betrayed a Garrison, army, or fleet. In other accusations, if the accuser had not the fifth part of the suffrages, he was fined a thousand Drachmas, and lost the privileges of a Citizen, in this he was uncontrollable. But in after time, because men would accuse presently for none, or small offences; therefore was there a Law enacted, that whosoever accused by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and had not the fifth part of voices on his side, was fined a thousand Drachmas, although he lost not the privileges of a Citizen. This 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contained no written crimes, but was only by bare word of mouth; and as the accusation was given, so was the defence made according to the Law called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Senate was judge (Pollux says that Solon made a thousand to sit on this, and Phalereus 1500. Where the interpreter errs. For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is 500 to them, as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in Demosthenes, and somewhat more) and whom they found delinquent, if in small faults, they 〈◊〉; but if the offence were heinous, they committed him to prison. Thus much for public actions; private were these that follow, more properly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. is an Action against a man, who when two shall s●uffle gives the first blow, which the y D●m. p. 410 v d: Vlp ibid. & A●g Orat. cont. Everg. p. 6●7. Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. z 〈◊〉 〈◊〉. 〈◊〉 p. 745. The matter was heard before the Iudge●; and though the Law ordained not any set sum of money for damages, yet it was permitted for the party smitten to write down what he thought fitting. a Dem. 〈◊〉. Con. p. 690. The reason why these actions were so strictly looked into, was lest any not able to defend himself with his hands, should seek to revenge himself with stones, or other hurtful weapon. b Idem ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Somewhat near our proviso of giving the lie, least by taunting and reproachful words, men be provoked to blows. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Is when any man receives damage and hurt in estate by another man. c Arg. Orat. Dem. contra 〈◊〉 m. As to turn water into his ground, by which it is annoyed; d Dem. cont. Call. p. p. 680 n. 〈◊〉. To refuse to pay money where it is required, or to give it to another. e Dem. cont. ●m. p. 659. n. ●5. To promise to bear witness in a suit, and then not be present, by which the case falls, & the like. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. About pawns▪ I suppose, which men that needed money were wont to leave with the usurers▪ f Sch. Aristo. 〈◊〉. E. as clothes, householdstuff, etc. Or about money put to the Bank, which the exchangers did employ to the advantage of the owners, as I gather out of g Cont. Ph●. p. 555. n. 7. 8. Demosthenes. The word imports both. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of divorce. h Vide Cujacium. Observ. l. ●. c. 15. For they were wont to put away their wives, in former time, upon discontent or hope of greater portions; which divorce they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & as Lysias 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ on the husband's side, and on the wife's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; for he did as it were turn her away, she was said to forsake him. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of ill usage of parents, as not relieving them if they were poor. Of wives against husbands, of Pupils against Tutors. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of theft, after what manner soever. Which if it were by day, was not capital, but by night was deadly. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Such as our Act of Parliament hath allotted for extortion, it being by i This is reckoned among the Law's whi●h were m●e 〈◊〉 pri● men. Vlp in Dem. p. 481. Law provided in Athens that none should take too much use, although once allowed by Solon, that any might make the best of his money: which he terms k V● Casaub. ●n Theoph. p. 191. Ch●▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Of usury I shall speak more in Chap. of money. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When men had bargained and would not stand to it. l 〈…〉 Aristotle. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When men broke the Articles which they made to each other, about dividing of inheritance between man and man, or between city and city, concerning free trading, as that of the Carthaginians with the Romans. Arist. Pol. 3. ●. 6. or the like m Dem. p. 651 n. 1●. These 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were usually confirmed by oath to each other. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. n V●▪ in Dem p 〈◊〉 & 〈◊〉. a contention about bearing office, in which they seek to have a time appointed, when a man shall enter into it. For the discharge whereof they are to prove him fit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When parents died and left their daughter's inheritrices, the kindred was wont to sue each other, to make it appear who was nearestjoined in blood, that he might marry her. Hence a Virgin to whom an inheritance falls is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Controversa. o Pollux l. 3. c. 3. p. 136. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. About letting of houses. (For Herodotus terms that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which other Greek writers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it is as well to set to hire, as to take to rend, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to let out. Which they often did for want of money, which that they might obtain the quicker, they wrote over their door as we use to do, This House is to be let. Which custom Menedem●s in p Heaut. Act. 1. Sc. 1. Terence expresses▪ Inscripsi ilico, AEDES MERCEDE) This Writ was properly against Guardians of Orphans (not concerning men of years, such as immediately is before spoken) who having taken the charge upon them of Tuition, were to employ for the benefit of their Pupils what was left them: they therefore made known to the Archon that such a house was to be let, he then put it out upon some pledge for security. But if the house were let under the yearly rent it could bring in, or was suffered to remain void of a Tenant, to the loss of the Pupil, than was it lawful for any man to sue the Guardian in the Archon's court? upon a Writ of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I have observed it to have been a custom among the Ancients, when they perceived themselves to draw near to death, to call for some one, to whose care they would commit their children, and delivering them into they hands, beseech them to have a tender eye over them, and to provide for them what should be most convenient: such as Oedipus in q Oedip. Col. p. 314. Sophocles entreats of Theseus in the behalf of his daughters- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Not unlike is that of the r Ter. And● Act. 1. Sc. 5. Comedian under the person of Chrysis, committing Gly●erium to the Tuition of Pamphilus. Accessi: vos semotae: nos soli: incipit: There Pamphile, huius formam atque aetatem vide: Nec clam te est, quam illi nunc utraeque inutiles Et ad pudicitiam, & ad tutandam rem sient. Quod ego t● hanc per dextram oro, & ingenium tuum, Per tua● fidem, 〈◊〉 huius solitudinem Te obtestor ne abs te hanc segreges, non desera●▪ Si te in Germani fratris dilexi loco; Sive hae● te solum semper fecit maxumi, Seu tibi morigera fuit in rebus omnibus. Te isti virum do, amicum, tutorem, patrem: Bona nostra haec tibi committo, & tuae mando fidei. Hanc mihi IN MANUM DAT, mors continuo ipsam occupat. But among the Athenians the use was to nominate in their Testaments and last Wills, whom they would have to be Guardians. Which office after they had undertaken, if they should defraud the Orphans of their patrimony, or any part thereof, they were sued with a Writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as s Plut. in vita 〈◊〉. Demosthenes did sue his as soon as he came to age. But if the matter were not questioned within five years after the pupil was admitted among the number of men, by the t Demosth. p. ●24. 〈◊〉. 22. Law the Guardian could not be taxed. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Of a Master against a Servant ingrateful for his manumission, not doing his duty to his Master. Because, as u Pag. 46●. Demosthenes' witnesses, it was the nature of servants once made free, not only to be ingrateful, bu● also to hate their Master's most of all men, as those who 〈◊〉 ●een conscious to their servitude. It was enacted therefore that whosoever was convicted of ingratitude should again be made a bondslave Valerius Maximus. Age, quid il● 〈…〉. ●titum Athenarum, quam memorabile? quod convictus à patr 〈◊〉 libertus ingratus, iure libertatis exuitur. The Romans did not only acquit them of the liberty of the City (which the Athenians gave not) but made them also slaves, which punishment they term x justin. In●. l. 1. T. 〈◊〉. Maximam capiti● diminutionem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If any man put away his wife he was to restore her portion again; if he refused he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is▪ every month for one pound to pay nine oboli which the Atticks term y Demost. p. 733▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the revenue of her dowry. The Writ whereby he was sued was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for the repayment. z Dem. pag 655 n ●8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, If any went to Law, as claiming Title to an house, he was first to serve him that dwelled in it with a Writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by which he demands his rent for the time the defendant had the house: if it were for any parcel of land, there was a Writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 given out, for the provent and fruit thereof; afterwards (in both cases alike) they proceeded to an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in which they claimed right and title to the house or land. Although in all these trials the defendant were cast, yet could he keep justly either house or land: but if in a third trial, which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he were overthrown, he was compelled to relinquish his possession. This 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 also is a Writ against those that would cast an inhabitant out of his house, it being termed from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to throw forth. a Vlp. in Dem p. 340. It is also a Writ of Execution against any overthrown in the Court, and fined a thousand Drachmas, which at such a day he was to pay; and if he laid it not down upon the nail, there went forth a Writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to make enter upon the lands and possessions of him so cast. It is also a Right against any who will not suffer him, who hath bought any thing of the public, to reap the fruit thereof. Who either withholds any thing from the owner, or violently takes from any, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When two had been partners in estates, and one of them would have a dividence made, if the other refused, he might be constrained to it by the Writ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Because the Market place among the Greeks was the fittest to cheat & cousin in, as b Apud Laer. p 74. Anacharsis was wont to say, therefore the Athenians enacted that none should buy in the market place; (to which the Scythian wiseman pointed likewise, saying▪ that they forbade to speak false, and yet did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) if any man had bargained for any thing, and another sued and doubted of the right of it, c P●llux l. 8. c. 6. p. 385. he might require the seller to confirm the lawfulness of the thing sold, and maintain it rinsed all controversy, otherwise the seller was liabl●●o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For although in Athens they bought for the most part Graecà ●ide▪ with ready money; as d In Auson. Lect l. ●. c. 6. Scaliger and e In Theoph. Ch●. p. 312. Casaubon truly interpret it, f Adve●●um l. 4. ●. 13 Turnebus, Repraesent at a pecuniâ: yet sometime gave they Earnest only to make the thing sure, which the Greeks and Latins call g Don. Quod p●us datur●ut reliquum reddatur. in Ter. Heaut. Act. 3. S●. ●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from the h Vide Dasq in B●sil Sel. Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This seems to me to have been the hundreth part of the money which was to be paid for the thing bought, as i Sermone 4●▪ Stobaeus out of Theophrastus. Where you may read likewise that it was the custom, when any thing was to be sold, to bring a note thereof to the Magistrate some threescore days before. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ For the laying open of any thing, concerning which was a suit in law, by k O●omast l. 8. c. 6. p. 384. Pollux his words I may conjecture, goods or money privily taken away. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When any should offer to take another man's servant, and make him free against the will of the Master, which the Greeks term l Demost. p. 718. n. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a suit about nearness of blood, in matter of inheritance, when a man dies without issue of his own body▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ When a man went to prove that he was to challenge the inheritance of right, as near of blood; or upon some other conditions: from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; because he laid down the tenth part of the inheritance, which if he were cast in Law, he was to pay, if the cause were private, says m Pand. P●o. p. 100 Budaeus: but if public, the fifth. n Dem p. 620 ●▪ ●8. Here to ●oweth th● terms▪ p●●s, ●ate and public which are pub▪ li●ue an● lawful ●or any to prosecute: see P●liux, pag. ●86. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When any shall protest that an inheritance doth hang in controversy, and is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as a true heir being still alive, of which thing chiefly treats the Oration of Demosthenes against Leochares. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When any shall try to falsi●ie the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. When men went to Law about kindred▪ as to prove themselves of such and such houses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. All strangers in Athens were compelled by the Law to get them Patrons (as my most worthy Schoolmaster the glory of his time o In Epist. Dedic. suo Euchaitensi prae●ixa ad Richar. Cantuariensem Atchiepiscopum. Mr Matthew Bust hath observed, whom for honour's sake I name) or else they might be questioned, and if they were convicted their goods were sold and put into the City Treasury. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of ingratitude against those who showed not themselves thankful to those who had well deserved of them. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when any will reckon himself among the number of Citizens who hath never been made free, by which he purchased imprisonment until such time as there was a Court kept, and then he was sold. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a man is eye witness of a matter. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, When an other witnesses from the report of him that saw it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 false witness, which to prosecute in Law they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when one was eyewitnes and promised to testify, yet would not appear at the appointed time; which they were wont to compel them to do, which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, after which citation the party was to be at court, or forswear that he saw not the matter, or was not present; otherwise he was to pay a thousand Drachmas, in which sum to be ●ined the Attic Lawyers give the appellation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, When the judges were corrupted with bribes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against those that did corrupt them. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of a man convinced of idleness, which once taken Draco punished the delinquent with loss of the City privileges, Solon not unless he were thrice delinquent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, When any of the mariners ran away from their ships. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, When the Mariners that stayed in the ships would not fight, if occasion required. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when any would falsely accuse, there was likewise against them a writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Against those that unjustly cite to the Court. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when any is accused of encroaching into the number of Citizens, and gives gifts to escape free▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when any was accused of making a decree or Law contrary to former statutes. This accusation was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; because the accuser swore that it was against the Laws or unjust or inconvenient for the Commonwealth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an examination of the Magistrates whether they were fit to govern or no. Whether the Orators were not given to Lust and incontinency, whether they had not spent their patrimonies or dealt unkindly with their parents or lead a life any other ways unblamable, whereupon they were discarded the privileges of the City and not suffered to plead or speak publicly. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 An account of public offices borne, laying out of money and dispatching Ambassages, made to the Ten Log●stae (for the breach of which went out a Writ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rationem reddere) if concerning injuries given to the judges. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an accusation against those who are ill affected toward the Commonwealth, made by the decree of the people, and such as are well-willers to the state. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 likewise are accusations against men injurious 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, p Lib. Arg. in Medianam. and such as are delinquent against their festivals, as the oration of Demosthenes against Midias. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, An oath which the accuser took that he would justly accuse q Ulpian in Dem. 226. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The defendants oath that he had done no wrong. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, an oath of Ambassadors or men chosen for state service, that by reason of sickness they cannot give attendance. They may do it by a proxy if they please. It is likewise the oath of one called to witness, wherein he swears that he knows nothing of the business. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When others shall swear that pretended weakness was only a shift to put off the burden of public office which the state laid on them. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an accusation of a Law or decree unprofitable, against the motioner, as above said. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a man shall object a case not to be entered rightly, that the writ aught to be such and such, and not as it is ex. gr. for a man that runs away from the Army, which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and I accuse him of leaving his rank, to wit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or objection of the time passed within which space the suit was to be commenced, or that it should be handled in such a Court and not in such, as wilful murder in Ariopaguses not Palladium, by which evasion if the case fell it was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when he that is sued puts in a bill against the plaintif in like manner. But if the defendant (I call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so) were cast he paid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. r Ulpian in Dem. 343. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when a man is summoned to answer before the Arbitri a controversy, if he swear that he is sick or pretends a journey from home, and appears not at the day appointed, he was cast in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eremodicio, as if he scorned to come or were obstinate, he ought within ●enne days to sue out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, wherein he reproved the sentence and made it of no effect so as it came to its first state again. But if he could not obtain a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, having before sworn that he would stand to the award of the judges, their determination stood in full strength and power, and he was constrained to pay a thousand drachmas, as s In Dem. p. 340. Ulpian▪ which was the mulct appointed by the law, for the discharge whereof he put in good security▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, When any was absent from the Court or heard not his name called by the Crier to answer thereunto he was fined, as conscious of Eremodicium, and if within the space of two Months he did not renew the suit (which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) he was sure to pay the fine. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when any man will challenge out of goods forfeited and publicly sold somewhat as debt to him, or say that part belongs to him, the state would narrowly search into it, which thing they term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a citing of one before the Archon in controversy about inheritance, or a virgin left inheritrix. Now if the plaintif did not warn the defendant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the suit died, and such actions are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t Dem. p. 6●▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is as letting a case fall or dissolving it upon some witness, oath, confession extorted by torments, and the like. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is an appeal from one court to the other, as from the Senate to the people, and from the people to the Senate again, or from their judicatories at home to some foreigners in another country. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when there is no more fine laid upon a man then what his adversary did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, write down at the lower end of his indictment: of which custom somewhat hath before been spoken. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ Against such as stole ox dung out of their neighbour's lands; whence of those that are put in the conrt for trivial matters the proverb u Austoph. S●h▪ p 328. Laertius in vita. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of impiety against their Gods, as Aristotle for his hymn on Hermias, Tyrant of the Atarneuses, which he engraved on a statue at Delphos. For revealing miseries, or imitating them as Alcibiades. Of which if a man were convicted he was put to death; as on the contrary the accuser if he got not the better. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of being false to the state, the punishment was death, and after that, that they should be cast out of the Territories of Athens unburied. * Dem. cont. Theocr. pag. 72●●. 76▪ ●7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, If any owed to the City Treasury, and his name were registered, and before the discharge of the money his name were blotted out, they sued him before the Thesmotheta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but if his name were never entered he was prosequted by an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proper only to such as dealt in the mines, like to the Stanneries in the County of Cornwall my country, and Devon-shire her sister. x D●. con. P●ntae. p. 568. n. 51. 52. Liable to this Court were they who should thrust any man from his work, who should dig within another man's liberties, who should bring weapons thither, I suppose to take away Minerals by violence, who should kindle any fire in the Mines etc. Who should offer to take away the props that upheld the weight of the incumbent earth, which to do was death, as y In vitis Decem. Rhet. p. 453. Plutarch tells us. There was likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against the labourers in the Mines, who if they intended to begin a new work were to acquaint the overseers appointed for that end by the people, that the four and twentieth part of the new coin might come to the public Treasury. Now if any presumed to work who had not made it known to the officers it was lawful for any to accuse him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. About money put out to the money changers. z Argum. Phorm. Orat. p. 554. For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Atticks is the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the lawyers of latter time, in jure Graeco-Rom. Sometimes indeed they used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for▪ means, and sustenance a Sch. E●rip▪ Med. p. 368 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have this difference, that b Ulpian in Med. p. 368. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the judge that gives sentence, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is he that put in the controversy, to be the means that the sentence passed against the defendant. c Idem in Dem. p. 450. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is when a man deeply indebted pretends that he is not able to discharge all and therefore desires the people that a part thereof might be remitted. FINIS.