Βεβαιώσεως δίκη, was an Altion whereby the Buyer compell'd the Seller to confirm, or stand to the Bargains which he before had given a Pledge to ratify.

Εἰς ἐμφανῶν κατάςασιν δίκη, was defign'd as an Enquiry about fome thing that was conceal'd as about ftoln Goods.

Ezapeosas dinn, was against a Freeman that endeavour'd to give a Slave his Liberty, without his Master's Confent.

Anpasaris dinn, was an Action against Sojourners that neglected to choose a Patron, of which Custom I have spoken in another Place.

Azoracis dixn, was an Action commenc'd by a Master, or Patron againft his Clients, fuch as were the freed Slaves, when they refus'd to perform thofe Services, they were bound to pay to him.

Apoppens dixn, was a Suit about Money put into the Banker's Hands, which the ancient Athenians call'd Apoppen, and the modern Even.

"AQs, was when a Perfon deeply indebted defired the People to remit part of his Debt, upon Pretence that he was unable to make Pay

ment.

Ψευδομαρτυριῶν δίκη, was againft falfe Witnefes.

KaxoTexvav diun, was against those that fuborn'd false Witnesses. Δειπομαρτυρές δίκη, was againft fuch as having promis'd 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 fo well known, that I need not give you any Explication of them; fuch were Boλíry dien, Axagısias dixn, and fome others.

T

for

CHA P. XXV.

Of the Athenian Punishments and Rewards.

HE most common and remarkable Punishments inflicted at Athens on Malefactors were these ;

nia, which, though sometimes it be us'd in a large and general Senfe any Punishments, yet has often a more limited and restrained Signification, being taken for a pecuniary Mult or Fine, laid upon the Criminal according to the Merit of his Offence.

Aria, Infamy, or publick Difgrace. Of this there were three Degrees. 1. When the Criminal retain'd his Poffeffions, but was depriv'd 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 fonia, or to fome other particular Country. 2. When he was for the present depriv'd of the Privileges of free Citizens, and had his Goods confifcated. This happen'd to those who were indebted to the publick Exchequer, till their Debts were discharg'd. 3. When the Criminal, with all

Hefychius, Harpocration, Suidas, Pollux, Ulpianus in Demofthen. Sigonius de Rep. Athen. & Renfans in Arch. Attic. Iidemque ubique in his capitibus funt confulendi.

his Children and Pofterity, were for ever depriv'd 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 Villanies*. Out of thefe Men the Scholiaft upon Aristophanes tells us, they appointed whom they pleas'd to labour at the Oars, to which Drudgery, Plutarch reports, it was ufual alfo to put their Prisoners of War ".

Asia, Servitude, was a Punishment by which the Criminal was reduc'd 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.

Eripara, was a Severity feldom exercis'd upon any but Slaves, or fome very notorious Malefactors, of which I have spoken more at large in another Place.

Ernan, was as the Word imports, a Pillar, wherein was ingraven in legible Characters an Account of the Offender's Crime. The Persons thus expos'd to the Laughter and Reproaches of the People, were call'd Στηλί). Hence τηλιτ δυτικὸς λόγΘ is taken for any Inve&tive or defamatory Oration.

Aopos, was a Punishment by which the Criminal was condemn'd to Imprisonment or Fetters. "The Prison was call'd by a lenitive Name Oina, or House; for the Athenians us'd to mitigate and take off "from the Badness of Things, by giving them good and innocent Appellations; as a Whore, they would call a Miftrefs; Taxes, Rates; "Garrifons, Guards; and this (faith Plutarch) feem'd at first to be Solon's "Contrivance, who call'd the releafing of the People from their Debts "Eurάyoda, a throwing off a Burden. Plato tells us, the Athenians had three forts of Prifons; the firft was near the Forum, and was only defign'd to fecure Debtors, or other Perfons from running away. The fecond was call'd Zw@povisńpsov, or a Houfe of Correction, fuch as our Bridewell. The third was feated in an uninhabited and lonefome Place, and was defign'd for Malefactors guilty of capital Crimes *. One of their most remarkable Prifons was call'd NopoQuaάnov, and the Gate thro' which Criminals was led to Execution, Xapavior, from Charon, the infernal Ferry-man. At the Prifon Door was erected the Image of Mercury, the tutelar Deity of the Place, call'd Ergopal, from Erpodeus, the Hinge of a Door.

Of Fetters there were divers forts, the moft remarkable are these ; Kúpov, a Collar, ufually made of Wood, fo call'd from xúra, because it constrain'd the Criminal to bow down his Head. This Punishment was call'd Kopanowòs, and hence pernicious Fellows or Things are fometimes nam'd Κύφωνες Y. Hefychius will have it apply'd ἐπὶ πάντων δυσχερῶν nui insbeśwv to all things burtful and deftructive. Others call it xos, or xohoids, from xλiw, because the Criminal's Neck was but or enclosed 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 úho TTECúpyyor, or Fetters with five Holes, mention'd by

*Andocides de Myfteriis. Plate de legib. lib. X.

Ranis.

u Lyfandro. Ariftoph. Schol, Pluto.

Pintarch. Solont.
Polin

Pollux, and feems to resemble the Punishment of binding Neck and Heels, us'd amongst our Soldiers. Ariftophanes calls it uλor TETρnor, as his Scholiaft informs us in his Comment upon these Words in Lyfiftrate,

κατάς δ' Αμαζόνας σκόπε,

Ας Μίκων ἔγραψεν ἐφ ̓ ἵππων μαχομένας τοῖς ἀνδράσιν,
Αλλα τέτων χρῆν απασῶν εἰς τετρημένον ξύλον
Εγκαθαρμόται λαβόντας τετονὶ τὸν αὐχένα.

Women must have their stiff and haughty Necks,
With Fetters crampt, left they grow infolent,
And us of our Authority diveft.

For fee here, in this Canvafs-pourtraiture
By skilful Micon drawn, how th' Amazons

Mounted on prancing Steeds with burnifht Spears engage.

J. A. Пavoxán, a round Engine put about the Neck in fuch a manner, that the Sufferer could not lift his Hand to his Head.

Xo, fignifies Fetters, in which the Feet or Legs were made faft, as we are inform'd by Aristophanes in his Plutus, where speaking of an infolent Slave, he faith, he deferves to be fet in the Stocks,

και κνήμαι δε σε βοῶσιν

Ιὲ ἰ· τας χοίνικας, καὶ τὰς πέδας ποδίσαι.

You're ripe, you Rogue, for Fetters, the Stocks groan for you.

Not much unlike this feems to have been the ποδοκάκη, ποδοκάκκη, oι Todosgaen, fometimes call'd ux, from the Matter it was made of, But odoxxx and odospan, Teem to have differ'd in this, that in Todospan, the Feet were tortur'd; whereas in odoxάxxn, they were only made faft without Pain, or Diftention of Joints. Tho' perhaps this Diftinction will not be found conftant and perpetual. Zavis, was a Piece of Wood to which the Malefactor was bound faft, as the fame Poet reports,

Τῆσν αὐτὸν εἰσάγων,

Ω τοξότ', ἐν τῇ σανίδι.

Here, Littor, bring him in, and bind him to the Rack,

And a little after,

Befide thefe, many others occur in Authors, which barely to mention would be both tedious and unneceffary.

Duy, perpetual Banishment, whereby the condemned Perfons were depriv'd of their Eftates, which were publickly expos'd to Sale, and compell'd to leave their Country without any Poflibility of returning, except they were recall'd (which fometimes happen'd) by the fame Power that expell'd 'em ; wherein it differ'd from Ospans, which only commanded a ten Years Absence, 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 them. And the latter was instituted not fo much with a Design 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 Kinsman 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. Heraclides will have it to have been first inftituted by Hippias the Tyrant, a Son of Pififtratus; Phocius, by one Achilles, the Son of Lycof; and Elian, by Clifthenes, who alfo, as he tells us, was the first that underwent it 8. It was never inflicted on any but great Perfons; Demetrius the Phalerean, (as Plutarch reports) will have it to have happen'd to none but Men of great Estates, 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 Ostracism. But my Author is of another Opinion, and not without Reafon, for all Perfons were liable to the Oftracifm, who for Reputation, Quality, Riches, or Eloquence, were esteem'd above the common Level, and expos'd to the Envy of the People, infomuch that even Damon Præceptor to Pericles, was banish'd thereby, because he feem'd a Man of more than ordinary Sense. Afterwards, when bafe, mean and villainous Fellows became fubject to it, they quite left it off, Hyperbolus being the last whom they banifh'd by Oftracifm. This Hyperbolus was a very rafcally Fellow, who furnished all the Writers of Comedy in that Age with Matter for their Satyrical Invectives; but he was wholly unconcern'd at the worst 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 difgrace, or calumniate any Perfon of Authority or Reputation. The Caufe of his Banifhment was this Alcibiades, Nicias, and Phaax 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 Banishment of fome one of them. Alcibiades perceiving the Danger they were in, confulted with Nicias, or Phæax, (for it is not agreed

d Iliad. í. e Lib. de Rep. 8 Var. Hift. lib. XIV. cap. 24.

edriftoph. Schol. Equit. & Vefp. ex Ptolem. Hepbaft. 1. VI.

fExcerpt. whe

whether) and fo contriv'd Matters, that by uniting their feveral Parties, the Oftracifm fell upon Hyperbolus, when he expected nothing of it. Hereupon the People being offended, as if fome Contempt or Affront had been put upon the Thing, left off, and quite abolish'd it. It was perform'd, to be fhort, in this manner; every one taking an Ospaxer, or Tyle, carry'd it to a certain Part of the Market-place furrounded with wooden Rails for that Purpofe, in which were ten Gates appointed for the ten Tribes, every one of which enter'd at a distinct Gate. That being done, the Archons number'd all the Tyles in grofs, for if there were fewer than fix thousand, the Oftracifm was void; then laying every Name by it felf, they pronounced him, whofe Name was written by the major Part, banish'd for ten Years, enjoying his Eftate ". This Puniment was fometimes called Κεραμεική μάςιξ, from κέραμο, becaufe the Organa, by which the People gave their Suffrages, were earthen Tyles, or pieces of broken Pots. The like was us'd at Argos, Megara, and Miletus; and the Syracufian Пradiods was inftituted upon the fame Account, in the third Year of the eighty fixth Olympiad, but differ'd from it in this, that this Banifhment was but for five Years, and inftead of Osean, the People made Ufe of Пiraha, or Leaves, ufually those of the Olive-tree, in giving their Voices'.

Oúvar, Death, was inflicted on Malefactors several ways, the chief of which were these:

Zip, with which the Criminal was beheaded..

Box, with which he was either ftrangled after the Turkish Fashion, or hang'd in the Manner usual amongst us; for that this was a very ancient, but withal a very ignominious Punishment, appears from Homer, in whom Ulyffes and Telemachus punish the Men, that took Part with the young Gentlemen, who made Love to Penelope, only with a common and ordinary Death; but the Maid-servants that had fubmitted to their Luft, and behav'd themselves with Scorn and Contempt towards their Mafters, as being guilty of a more notorious Crime, they order'd to be hang'd; the manner of it the Poet has describ'd in these Words ".