2. Διαλλακτήριοι οι καλ ̓ ἐπιτροπὴν Διαιτηταί, or Compromifarii, were fuch as two Parties chofe to determine any Controverfy betwixt them; and these the Law permitted any Perfon to request, but obliged him to ftand to whatever they determin'd without any farther Appeal; and therefore, as a greater Obligation to Juftice, they took an Oath, that they would give Sentence without Partiality (c).

The Determination of the Διαιτηταί, was call'd Δίαιτα, and ἐπ ǹ, and to refer any Thing to them, Síaílav ¿mτgifa (d).

T

CHA P. XXIII.

Of the Publick Judgments, Actions, &c.

HE Athenian Judgments were of two Sorts, nuorinal and ifiwTixal, Publick and private; the former were about fuch Crimes as tended to the Prejudice of the State, and these Actions were call'd Karnfoeia; the latter comprehended all Controverfies that happen'd between private Perfons, and were call'd Aínou (e). Nor did they only differ as to their Matter, but in their Procefs and Management, and particularly in this, that in private Actions no Man could profecute the Offender, beside the Party injur'd, or fome of his near Relations; whereas in the Publick, the Laws encouraged all the Citizens to revenge the publick Wrong, by bringing the Criminal to condign Punishment (f). The publick Judgments were these.

1. Tpaon, was an Action laid upon fuch as had been guilty of any of the following Crimes (g).

pór, Murder.

Τραῦμα ἐκ προνοίας, a Wound given out of Malice.
Пugnaid, Firing the City.

Φάρμακον, Poifon.

Badois, a Confpiracy against any Perfon's Life; or the Crime of the City-Treasurers, that enter'd into the publick Debt-book Perfons not indebted to the City (b). Wherein it differs from odey Spagn, whereby the Treasurers charged Men with Debts, which were already discharged (i).

Ιεροσυλία, Sacrilege.

Aribed, Impiety.

Пedoria, Treafon.

Eraignois, Fornication.

Marxa, Whoredom; this was panifh'd with a Mula (k).

Μοιχεία,

Αγάμιον, Calibacy.

As pareia, Refufing to ferve in the Wars. They, who were convicted of this Crime, were punish'd with (druía) Infamy.

(c) Demofthen. (d) Pollux. (e) Ifocrates. (f) Plutarchus, Solone. (g) Pollux, lib. VIII. cap. 6. Sigonius de Rep. Athen. (b) Harpocrat, (i) Suidas v. Jeudn's iyspaon. (*) Thucyd, Scholiaftes, lib. VI.

Λειπος

AawosedTiov, Defertion of the Army. This drew only a Fine on the Criminal (4).

AeroTaiov, Desertion of a Man's Station, as when any Perfon refused to serve on Foot, and lifted himself amongst the Horsemen, which by Solon's Laws was esteem'd as great a Crime as a total Desertion of the Army.

Auxía, Cowardice. The convicted were punished with Infamy. Aewovautiov, Desertion of the Fleet. The Punishment was only a Fine.

Avauudiov, Refufing to serve in the Fleet. The Punishment was (a'TIIa) Infamy.

To pifo The d'ida, Lofing a Man's Shield. This was likewife punished with Infamy,

Vadey spaon, Jadoypapn, or Id♪ns ég fagh, was the Crime of thofe that falfly charged others, and fued them for publick Debts, which Harpocration calls Yoxanlea; but this feems rather to have been an Action for falfe Arrefts, according to Pollux. The Punishment was only a Mulit.

Zuxopartía, Barretry or frivolous Accufation. This was punished alfo with a Mult. It differ'd from douaprueia, or false Witness, the third Act whereof was punish'd with (driuía) Infamy.

Aweg or Sweydonia, taking Bribes to manage any publick Affair, or pervert Juftice; it was not thought enough to punish the Receiver, but the Perfon alfo that offer'd Bribes was profecuted, and the Action against him call'd Asxaouós. The fame Action, in Causes about Freedom of the City, was, by a peculiar Namė, term'd Awževía. All, who had been guilty of receiving Bribes, were fin'd ten Times the Value of what they had gain'd, and punish'd with the highest Degree of (aTiμia) Infamy.

"Beis, Beating a Freeman, or binding him as they used to do Slaves. Aygaprov, Erafing a Name out of the publick Debt-book, before the Debt was difcharged.

"Ayçaçov μélarλov, Digging a Mine without acquainting the publick Officers; for, before any Person could dig a Mine, he was obliged to inform certain Officers appointed by the People, of his Defign, to the End that the twenty-fourth Part of the Metal might be reserved for the publick Use.

Axotor, was against Magiftrates that had neglected to give up their Accounts.

Пapavóμær yρaph, against such as, propofing a new Law, acted contrary to the old and established Laws.

Eu9urn, was against Magiftrates, Ambaffadors, or other Officers that had mif-employ'd the publick Money, or committed any other Offence in the Discharge of their feveral Trufts. That against Ambassadors was fometimes, by a peculiar Name, call'd Пapa@geo Ceia.

(Thucydidis Scholiaftes loco citato.

Δοκι

Aoxipacía, was a Probation of the Magiftrates, and Perfons employ'd in publick Business.

Hegoan, was an Action against Perfons difaffected to the Government, and fuch as impofed upon the People; against Sycophants, and fuch as, at the Celebration of any Festival, had caufed an Uproar, or committed any Thing undecent and unfuitable to the Solemnity.

Awoypaph, was when any Perfon, being fued for Debts faid to be due to the Publick, pleaded that they were falfly charged upon him, withal producing all the Money he was poffefs'd of, and declaring by what Means it came into his Hands. Suidas adds, that Awoygan is fometimes taken for an Action against such as neither paid the Fines laid upon them, before the ninth Prytanea following their Sentence, nor were able to give fufficient Security to the City.

1. Απόφασις, was fometimes the fame with Απογραφή, as we learn from Suidas; but was also ufually taken for the Account of Estates given at the Exchange of them for the avoiding of publick Employment. For when any Man would excufe himself from any troublefome and chargeable Truft, by cafting it upon another richer than himself, the Person produc'd by him had Power to challenge him to make an Exchange of Eftates,and thereby compel him to ferve the Office he had before refus'd. 2. Paris, was commonly taken for the Discovery of any hidden and conceal'd Injury, but more peculiarly fignified an Action laid against fuch as exported Corn out of Attica, embezzled the publick Revenues, and converted them to their own private Ufe, or appropriated to themfelves any of the Lands, or other Things that of Right belong'd to the Commonwealth. It is fometimes taken for an Action against those that were Guardians to Orphans, and either wholly neglected to provide Tenants for their Houfes and Lands, or let them at too easy a Rate. 3. "Evdes, was against such as committed any Action, or affected any Place of which they were uncapable by Law; as, when a Perfon disfranchised, or indebted to the Publick, fued for Offices in the State, or took upon him to determine Controverfies in a judicial Way, Alfo against thofe that confefs'd the Crimes laid to their Charge, without ftanding the Trial.

4. Arafa, was the carrying a Criminal taken in the Fact, to the Magiftrate. If the Accufer was not able to bring him to the Magiftrate, it was usual to take the Magistrate along with him to the House where the Criminal lay conceal'd, or defended himself, and this they call'd Eenfe, and the Action Ennos.

5. Ανδρολήψιον or Ανδροληψία, was an Altion againtt fuch as protected Perfons guilty of Murder, by which the Relations of the deceased were impowered to feize three Men in the City or Houfe, whither the Malefactor had fled, till he were either furrendered, or Satisfaction made fome other Way for the Murder.

6. Eigay fenia, was of three Sorts; the firft was about great and publick Offences, whereby the State was brought into Danger; fuch Actions were not refer'd to any Court of Juftice, but immediately brought before the Senate of five hundred,or the popular Affembly,before whom it was introduced by the Thefmotheta at the first Convention in the

Prytanea,

Prytanea, where the Delinquent was feverely punish'd, but the Plaintiff underwent no Danger, altho' he could not prove his Indictment, except he fail'd of having the fifth Part of the Suffrages, and then he was fin'd a thousand Drachms. The fecond Sort of Eiray [enia, was an Action of Kanaois, of which I fhall speak in another Place: it was brought before the Archon, to whom the Plaintiff gave in his Accufation, but was not liable to have any Fine laid upon him, tho' Sentence was given against him. The third was an Action against the Aanra, preferr'd by Persons that thought themselves unjustly dealt with by them, who ran the Hazard of being disfranchised, and forfeiting their Freedom, if they were not able to make good their Accufation. Indeed in all the foremention'd Accufations, the Eioary feaíou only excepted, this Penalty, together with a Fine of a thoufand Drachms, was inflicted upon the Plaintiff, if he had not the fifth Part of the Suffrages.

A

CHAP. XXIV.

Of the Private Judgments, Actions, &c.

Δικίε δίκη, an Action κατὰ ἢ ὁπωσῖν ἀδικέντων,again fuch as had done any Sort of Injury (m). A Fine was laid on the Delinquent, which was to be doubled, if not paid within the Prytanea (n). Kannfoeias Sinn, was an Action of Slander, by which the Criminal was fin'd five hundred Drachms.

Aixías dinn, was an Action of Battery, in which Cafe there was no fet Penalty inflicted by the Laws, but the Judges took an Account of the Damages fuffer'd by the Plaintiff, and compell'd the Delinquent to make fufficient Retribution.

Bialov, or Bias finn, was an Action against such as ravish'd Women, or had ufed Violence towards any Man's Perfon.

Badens diun, was an Action of Trefpafs, being against those that had endamaged another Man's Eftate, Lands, Houses, Cloaths, &c.

Κακώσεως δίκη, γραφή, οι εισαγγελία, was an Altion entered by Heireffes against their Hufbands, by Parents against their Children, and Orphans against their Guardians, when they were ill ufed, or in jured by them.

ATOTOμTHS Sinn, was an Action of Divorce, when the Husband had put away his Wife. On the contrary, when the Woman fled from her Husband, the Action was call'd Awone Jews Sinn.

Kaos dixn, was against Thieves. Demofthenes (0), reports, that if any Man had ftolen above fifty Drachms in the Day-time, he was to be indicted at the Tribunal of the Eleven. But if any Theft was committed in the Night, it was lawful to kill the Criminal, if he was caught in the Fact, or to purfue him, and if he made any Refiitance to wound him, and fo hale him to the Eleven, and this Action was term'd itafwyn. He was not permitted to give Security for Reftitution, but fuffer'd Death.

(m) Etymologici Auctor, (n) Harpocration. (0) Timocratea

If any Perfon furreptitiously convey'd any Thing of the smallest Value out of the Lyceum, Academy, Cynofarges, or any of the Gymnafia, or out of Havens above the Value of ten Drachms, he was adjudg'd to die. If any Man was convicted of Theft from a private Perfon, he was to make Retribution to the Perfon he had injur'd, by paying him double the Value of what he had depriv'd him of; nor was this Punishment alone thought fufficient to expiate his Offence, but it lay in the Judges Power to keep him in Bonds five Days, and as many Nights, and expofe him in that Condition to the View of all the People. And we are farther inform'd by Andocides (p), that (a'tula) Infamy was the Punishment of this Crime.

Παρακαταθήκης δίκη, was againft fuch as refufed to reftore any Thing committed to their Charge.

Xpéss inn, was a Suit betwixt Debtors and Ufurers.

Zuμborais Sinn, was an Action against those that would not stand to their Contracts or Bargains. Not much different from this was Συνθηκών δίκη, only Συμβόλαια are diftinguim'd from ' ων και in this, that these chiefly imply private Contracts about the Loan of Money, Divifion, of Inheritances, and References to the Aanrai, whereas the other are extended as well to publick Negociations between publick Bodies, as to Bargains made by private Perfons. Others there are, that acknowledge no fuch Difference betwixt them.

Εις δαζητῶν αἵρεσιν δίκη, was an Adtion againft fuch Perfons as would not confent to make a Divifion of Goods or Eftates, wherein other Men were Sharers with them.

Διαδικασίας δίκη, was an Action περὶ χρημάτων ἢ περὶ κλημάτων concerning Money or Poffeffions, as it is defin'd by Ulpian (q), and feems to be a Term of equal Extent with ἀμφισβήτησις, or κείσις, which are general Names for all Law-fuits. But it was fometimes taken in a more limited Senfe, for the Controverfies of those, who being appointed to undergo fome of the publick Duties (λerspyía), excufed themselves by informing against others more wealthy, as has been elfewhere fhewn. Eaidinarias Sinn, when Daughters inherited the Estates of their Parents, they were obliged by Law to marry their nearest Relation. This was the Occafion of this Suit, which was commenced by Persons of the fame Family, each of which pretended to be more nearly ally'd to the Heiress than the reft. The Virgin, about whom the Relations contefted, was call'd Ewidin. Ewinλng was a Daughter, that had no Brothers lawfully begotten, and therefore inherited her Father's whole Eftate. 'Exiporn was one that had Brothers, and shar'd

the Estate with them.

Αμφισβήτησις, was a Suit commenced by one that made Pretenfions to the Eftate of a deceased Perfon, as being his Son either by Nature or Adoption. This Term is fometimes taken in a larger Sense.

Пapanarabonn, was an Action enter'd by the Relations of the deceased, whereby they claim'd a Right to his Eftate, as belonging to them by reafon of their Confanguinity, or bequeathed by Will. It was fo calld απο το παρακαταβάλλειν, becaufe the Plaintift depofited the tenth

(p) De Myfteriis, (2) In Timecrateum,

Part