Part of the Inheritance, if the Caufe was private, and the fifth, if it was a publick Eltate he contended for; this he was to forfeit if he could not make his Plea good. Arriyegon, was a Law-fuit about Kindred, whereby any Perfon claim'd a Relation to fuch or fuch a Family, and therefore it seems to have been of the fame Nature with Παρακαταβολή. Alaμapr veia, was a Proteftation that the deceased Person had left an Heir, made to hinder the Relations from entring upon the Estate. Επίσκηψις, was an Adtion whereby the Διαμαρτυρία was proved be falfe and groundless. Everionnua, was when any Perfon claim'd fome Part of another Man's Goods, which he confifcated, and fold by Auction.. Ei78 Sixn, when a Husband divorced his Wife, the Law obliged him to restore her Portion; or, in Cafe he refused that, to pay her for each Pound nine Oboli every Month, upon Failure of which, he was liable to have his Action enter'd against him in the Odeum by his Wife's Eaires, or Guardian, whereby he was forced to allow her a feparate Maintenance. Μισθώσεως οἴκε, &c. δίκη, Cometimes call'd Φάσις, was an Altion against Guardians that were negligent in the Management of the Affairs of their Pupils, and either let out their Houses or Estates at too fmall a Price, or fuffer'd them to lie void of Tenants. When any House was vacant, it was cuftomary to fignify fo much by fixing an Infcription upon the Door, or other Part of it, as appears from thefe Words of Terence, Inferipfi illica Edes mercede (r). Over the Door I wrote, Eaires dinn, was an Action against Guardians that had defrauded their Pupils. It was to be commenced within five Years after the Pupil was come to Age, otherwife it was of no Force. Evonis Sinn, when any Man laid Claim to an House, he enter'd an Action against the Person that inhabited it, whereby he demanded the Rent of the House. If he claim'd an Eftate of Land, the Action was call'd Kaga Sinn, or Xweis dinn, because the Fruits of the Ground were demanded. If the Plaintiff caft his Adversary in either of the former Suits, he enter'd a fecond Action against him, whereby he laid claim to the House or Land, as being Part of his Eftate, for which Reason it was call'd Opolas Sinn. After this, if the Person in Poffeffion continu'd obftinate, and would not deliver up the Eftate to the lawful Owner, there was a third Action commenced, which was nam'd Eğéans Sinn, from λaw, to eject; because the Plaintiff was eλaću, rejected, or hinder'd from entring upon his Estate. The fame Term was used when any other Thing was unjustly detain'd from its Owner, wieìdysegwóƒɣ καὶ παντὸς, ὁ φησί τις αὐτῶ μετεῖναι concerning a Slave, and every other Thing which any Perfon calls his own; as we are inform'd by Suidas. ४. BeBandrews Sinn, was an Action whereby the Buyer compell'd the Seller to confirm, or ftand to the Bargains, which he before had given a Pledge to ratify. Εἰς ἐμφανῶν κατάςασιν δίκη, was defign'd as an Enquiry about fomething that was conceal'd, as about ftolen Goods. Etapeσews fixn, was against a Freeman that endeavour'd to give a Slave his Liberty, without his Mafter's Confent. Awessaris dinn, was an Action against Sojourners that neglected to choose a Patron, of which Custom I have spoken in another Place. Aaosaoix dinn, was an Action commenced by a Master, or Patron, against his Clients, fuch as were the freed Slaves, when they refused to perform thofe Services, they were bound to pay to him. Apoguns diun, was a Suit about Money put into the Banker's Hands, which the ancient Athenians call'd Acogun, and the modern Evbnan. Aptos, was when a Perfon, deeply indebted, defired the People to remit Part of his Debt, upon Pretence that he was unable to make Payment. Ψυδομαρτυριών δίκη, was againft falfe Witneles. Kanolexviar Sinn, was against thofe that fuborn'd falfe Witneffes. Λειπομαρτυείς δίκη, was againft fuch as, having promifed to give Evidence in a Caufe, disappointed the Perfon that rely'd upon them. Several other Judgments we meet with in ancient Authors, fome of which I have already spoken of in other Places, and the Names of the reft are so well known, that I need not give you any Explication of them; fuch were Boxits Sinn, Axaesías dixn, and fome others (/). T CHA P. XXV. Of the Athenian Punishments and Rewards. HE most common and remarkable Punishments inflicted at Znuia which, tho' fometimes it be used, in a large and general Senfe, for any Punishments, yet has often a more limitted and restrained Signification, being taken for a pecuniary Mulet or Fine, laid upon the Criminal, according to the Merit of his Offence. Aτia, Infamy, or publick Difgrace. Of this there were three Degrees. 1. When the Criminal retain'd his Poffeffions, but was deprived_ of fome Privilege, which was enjoy'd by other Citizens. Thus, under the Reigns of Tyrants, fome were commanded to depart out of the City, others forbidden to make an Oration to the People, to fail to lonia, or to fome other particular Country. 2. When he was for the prefent deprived of the Privileges of free Citizens, and had his Goods confifca-. ted. This happen'd to those who were indebted to the publick Exchequer, till their Debts were discharged. 3. When the Criminal, with all () Hefychius, Harpocration, Suidas, Pollux, Ulpianus in Demofthen. Sigonius de Rep. Atben. & Roufæus in Arch, Attic, Idemque ubique in his capitibus funt confulendi. his Children and Pofterity, were for ever deprived of all Rights of free Citizens, both facred and civil. This was inflicted on fuch as had been convicted of Theft, Perjury, or other notorious Villainies (*). Out of thefe Men, the Scholiaft upon Aristophanes (t) tells us, they appointed whom they pleased to labour at the Oars; to which Drudgery, Plutarch reports, it was usual alfo to put their Prisoners of War (u). Asλea, Servitude, was a Punishment by which the Criminal was reduced into the Condition of a Slave. It was never inflicted on any befides the Aro, Sojourners and freed Servants, because it was forbidden by one of Solon's Laws, that any free-born Citizen fhould be treated as a Slave. Tifμara, was a Severity feldom exercised upon any but Slaves, or fome very notorious Malefactors, of which I havefpoken more at large in another Place. Thλn, was, as the Word imports, a Pillar, wherein was ingraven, in legible Characters, an Account of the Offender's Crime. The Perfons, thus expofed to the Laughter and Reproaches of the People, were call'd Στηλίται. Hence ςηλιτωτικὸς λόγΘ is taken for any Invedive or defamatory Oration. 66 Asoμos, was a Punishment by which the Criminal was condemn'd to Imprisonment or Fetters. "The Prifon was call'd by a lenitive Name Oinnua, or Houfe; for the Athenians used to mitigate and take off "from the Badnefs of Things, by giving them good and innocent Ap"pellations; as, a Whore, they would call a Miftrefs; Taxes, Rates; Garrifons, Guards; and this (faith Plutarch) feem'd at firft to be So"lon's Contrivance, who call'd the Releafing of the People from their "Debts Euraxea, a Throwing off a Burden (w)." Plato tells us, the Athenians had three Sorts of Prifons: the first was near the Forum, and was only defign'd to fecure Debtors, or other Perfons from running away. The fecond was call'd Σweisheiov, or a House of Correction, fuch as our Bridewell. The third was feated in an uninhabited and lonesome Place, and was defign'd for Malefactors guilty of capital Crimes (x). One of their most remarkable Prisons was call'd Nopogundnor, and the Gate, thro' which Criminals were led to Execution, Xapavelov, from Charon, the infernal Ferryman. At the Prison Door was erected the Image of Mercury, the tutelar Deity of the Place, call'd Στροφαΐ, from Στροφεύς, the Hinge of a Door. Of Fetters there were divers Sorts, the most remarkable are these; Kúpov, a Collar ufually made of Wood, fo call'd from xúl, because it conftrain'd the Criminal to bow down his Head. This Punishment was call'd Kuganioμòs, and hence pernicious Fellows or Things are fometimes nam'd Kúpaves (y). Helychius will have it apply'd cm ávar ἐπὶ πάντων Sugegar y inebely to all Things hurtful and deftructive. Others call it κλοιός, or κολοιός, from κλείω, becaufe the Criminal's Neck was fout or inclosed within it. Some Grammarians tell us, the Neck, Hands, and Feet were made faft in it; and therefore it is probable, it was the fame with the Euλov TEVTEσvely fov, or Fetters with five Holes, mention'd by Andocides de Myfteriis. (t) Kanis. (u) Lyfandro. (w) Plutarch. Solone. (x) Plato de Legib, lib. X. (y) Ariftophan, Schol, Plute, Pollux, 2014 Pollux, and feems to resemble the Punishment of binding Neck and Heels, ufed amongst our Soldiers. Ariftophanes calls it uλov TETP úor, as his Scholiaft informs us in his Comment upon these Words in Lyfiftrate, τὰς δ' Αμαζόνας σκόπει, Ας Μίκων ἔγραψεν ἐφ ̓ ἴππων μαχομψας τοῖς ἀνδράσιν, Women must have their stiff and haughty Necks For fee here, in this Canvas-pourtraiture Mounted on prancing Steeds, with burnish'd Spears engage. J. A. Пavoián, a round Engine put about the Neck in fuch a Manner, that the Sufferer could not lift his Hand to his Head. Xoivi, fignifies the Fetters, in which the Feet or Legs were made faft, as we are inform'd by Ariftophanes in his Plutus, where, fpeaking of an infolent Slave, he faith, he deferves to be fet in the Stocks, αἱ κνῆμαι δὲ σε βοῶσιν Ιὲ, ἰδ· τὰς χοίνικας, καὶ τὰς πέδας ποῖθσαι. You're ripe, you Rogue, for Fetters, the Stocks groan for you. Not much unlike this feems to have been the ποδοκάκη, ποδοκάκκη, οι ποδος ράβη, fometimes call'd ξύλον, from the Matter it was made of (z). But wodonánиn and wodosgáßn feem to have differ'd in this, that in odosgan, the Feet were tortur'd; whereas in woоxán, they were only made faft without Pain, or Diftention of Joints. Tho' perhaps this Diftinction will not be found conftant and perpetual (a). Zavis, was a Piece of Wood to which the Malefactor was bound fast, as the fame Poet reports (b), δῆσον αὐτὸν εἰσάγων, Ω τοξός, ἐν τῇ σανίδι. Here, Licor, bring him in, and bind him to the Rack. Befide thefe, many others occur in Authors, which, barely to mention, would be both tedious and unnecessary. Quyn, perpetual Banishment, whereby the condemned Perfons were deprived of their Eftates, which were publickly expofed to Sale, and compell'd to leave their Country without any Poffibility of returning, except they were recall'd (which fometimes happen'd) by the fame Power that expell'd 'em ; wherein it differ'd from Oseanious, which only commanded a ten Years Abfence, at the End of which, the banish'd Perfons were permitted to return, and enjoy their Eftates, which were all that Time preferv'd entire to 'em (c). And the latter was inftituted not fo much with a Defign to punish the Offender, as to mitigate and pacify the Fury of the Envious, that delighted to deprefs thofe who were eminent for their Virtues and glorious Actions, and by fixing this Difgrace upon them, to exhale Part of the venomous Rancour of their Minds. The firft that underwent this Condemnation was, as Plutarch reports, Hipparchus the Cholargian, a Kinfman to the Tyrant of the fame Name. Euftathius makes it much ancienter, and carries it as high as Thefeus's Time,who,he tells us out of Theophraftus and Paufanias, was the first that fuffer'd it(d) Heraclides will have it to have been first instituted by Hippias the Tyrant, a Son of Pififtratus(e); Photias, by one Achilles,the Son of Lyco(f); and Elian, by Clifthenes, who alfo, as he tells us, was the first that underwent it(g). It was never inflicted upon any but great Perfons Demetrius the Phalerean (as Plutarch reports) will have it to have happen'd to none butMen of great Eftates, and therefore, as an Argument to prove the plentiful Condition of Ariftides, (whom he maintains to have been poffefs'd of a large Fortune, contrary to the Opinion of moft other Writers) he alledg'd, that he was banifh'd by Oftracifm. But my Author is of another Opinion, and not without Reafon, for all Persons were liable to the Ostracism, who for Reputation, Quality, Riches, or Eloquence, were esteem'd above the common Level, and expofed to the Envy of the People, infomuch that even Damon, Præceptor to Pericles, was banish'd thereby, because he seem'd a Man of more than ordinary Sense. Afterwards, when bafe, mean, and villanous Fellows became fubject to it, they quite left it off, Hyperbolus being the laft whom they banish'd by Oftracifm. This Hyperbolus was a very rafcally Fellow, who furnish'd all the Writers of Comedy in that Age with Matter for their Satyrical Invectives; but he was wholly unconcern'd at the worft Things they could fay,and,being careless of Glory, was alfo infenfible of Shame; he was neither lov'd nor efteem'd by any body, but was a neceffary Tool to the People, and frequently made ufe of by them, when they had a Mind to disgrace or calumniate any Person of Authority or Reputation. The Caufe of his Banifhment was this; Alcibiades, Nicias, and Pheax,at that Time,were of different Factions, and each of them, bearing a great Sway in the City, lay open to the Envy of the inferior Citizens, who, at Hyperbolus's Perfuafion, were very eager to decree the Banifhment of fome one of them. Alcibiades, perceiving the Danger they were in, confulted with Nicias, or Phaax (for it is not agreed (c) Ariftoph. Schol. Equit, & Vefp. (d) Iliad. 1. (e) Lib. de Rep. (ƒ) Excerpt, ex Ptolem. Hephæft, 1. VI. (g) Var, Hift, lib, XIV, cap. 24. whe |