have any farther Trouble. If any Perfon, against whom a Complaint was prefer'd, refus'd to appear at the time appointed, he was fummon'd to defend himself before the Senate of five hundred; where if he did not make his Appearance, he was punish'd with aria, Infamy

This was the Method of examining into the Behaviour of Magiftrates after the Expiration of their Offices. Neither were they exempted from being brought to Trial during their Magiftracy; it being the Custom for the nine Archons in every ordinary and stated (xvgia) Alembly of the People, to propound this Question, Whether the Magiftrates were faithful in the Discharge of their feveral Duties? If upon that any of them was accus'd, the Crier made Proclamation, that fuch as thought the Accufation juft, fhould lift up their Hands; which Action was term'd xaraxagorovia. This being over, the reft of the Affembly, to whom the Magiftrate appear'd innocent, held up their Hands, which was Xxgorovin Z. Then the Voices being number'd on both fides, the Majority carry'd it.

The Day in which the Magiftrates entered upon their Offices, was the first of Hecatombon, the first Month in the Athenian Calendar; it was a folemn Festival, which from the Occafion had the Name of Entuple, and was celebrated with all the Expreffions of Mirth and Joy, ufual on fuch Occafions. Alfo Sacrifices were offer'd to the Gods by the Senators, and most of the other Magiftrates; and Prayers made for the Profperity of the City, in the Chapel of Jupiter and Minerva the Counsellors.

T

CHAP. XII.

Of the nine Archons, &c.

F

HE chief Magiftrates of Athens were nine in Number, and had all the common Name of Archontes, or Rulers. They were elected by Lots, but were not admitted to their Offices, till they had undergone a two-fold Trial, one in the Senate-houfe, call'd Arapitis, and a second in the Forum, call'd Axia. The Questions which the Senate propos'd to them, were fuch as thefe, Whether they were defcended from Ancestors, that had been Citizens of Athens for three Generations? Of what Tribe and Hundred they were, and whether they bore any Relation to Apollo Patrius, and Jupiter Herteus? Whether they had been dutiful to their Parents, had ferv'd in the Wars, and had a competent Eftate? Laftly, Whether they were &λus, perfect in all the Members of their Bodies? It being otherwife unlawful for them to be Archons. And, as fome are of Opinion, the fame Que ftions were demanded of all other Magiftrates. We muft not omit in this Place, that by the foremention'd Question concerning their Relation to Apollo Patrius and Jupiter Herceus, was enquir'd,

Suidas, cujus elegans eft hac de re locus.

Orat. de Chorenta. archus contra Ariftogis.

Saidas, Upian. in Median. Antiphon. b Demofth, in Eubulid. Pollux Onom. 1. VIII. c. 9.

whether

whether they were freeborn Citizens of Athens (they alone being permitted to execute the Office of Archon) for all the Athenians claim'd a fort of Relation to thefe Gods. Hence we are told by the Scholiaft on Ariftophanes, that the Archons honour'd Apollo Patrius as their Progenitor when they were admitted into their offices ἐκ τδ τοῦ μὴ εἰδέναι, ξένες ats vómov, becaufe fuch as had no Acquaintance with him, were reputed Foreigners. Whence that faying of Ariftophanes,

ὁ γὰρ εἰσὶ βάρβαροι,

Οθεν ὁ πατρός ἐςι

For they are not Barbarians who live with Apollo Patrius. But afterwards when the Athenian Glory was in the Declenfion, not only Men of the half Blood of Athens, but even Foreigners, who had been admitted into the City, were made Archons. Examples whereof are Hadrian, before he was advanc'd to be Emperor of Rome f; and Plutarch, who relates, that himself was honour'd with the Freedom of Athens, made a Member of the Tribe Leontis, and afterwards bore the Office of Archon.

But what was more peculiar to thefe Magiftrates, was the Oath re quired of them before their Admiffion, in the Portico call'd BaciasOG çox, or Teòs Te λitw, at the Stone Tribunal in the Forum, to this Effect; that they would obferve the Laws, and adminifter Juftice without Partiality, would never be corrupted by Bribes, or if they were, would dedicate a Statue of Gold of equal Weight with their own Bodies, to the Delpbian Apollo; from thence they went into the Citadel, and there repeated the fame Oath. This Cuftom was inftituted by Solon, as we are inform'd by Plutarch in his Life of that Law-giver. He mentions only the Thefmotheta; but that the other Archons took the fame Oath, is evident from Plato, by whom Phædrus is introduc'd, promifing to dedicate at Delphi a golden Statue equal to himself in Weight, wasg of inía Ag KOTE, after the manner of the nine Archons.

This done, they undertook their Charge, fome Parts of which were to be executed by them separately, according to their respective Offices, others equally concern'd them all. They had all the Power of pu→ nifhing Malefactors with Death, were all crown'd with Garlands of Myrtle; they had a joint Commiffion for appointing the Amaral, and Altéra by Lots, electing out of every Tribe one; as alfo of conftituting the Ιππαρχοι and Φύλαρχοι and Στράτηγοι, of enquiring into the Behaviour and Management of other Magiftrates, and depofing fuch as were by the Suffrages of the People declar'd to be unworthy of bearing any Office, which had been committed to them. And as a Recompence of their Services, they were free from all Taxes and Contributions exacted of other Citizens for the Building of Ships of War, which was an Immunity never granted to any befides themselves. any Perfon had the Infolence to ftrike, or publickly affront any of

If

d Nubibus. Trallianus.

• Avibus, p. 596. Edit. Amftelod.

f

& Sympofiac. Lib. 1. Problem. X. & Lib. X. Probl, ultimo Pellan ibid. Idem ubique laudatur in his capitibus.

Xiphilinus Hadriano, Phlegon

the

the Archons, adorn'd with their Crowns, or any other to whom the Citizens had given a Crown, or other Honour or Immunity, he was to be punish'd with Infamy (ra) as guilty of a Difrespect not only to the Perfon whom he had injur'd, but to the whole Commonwealth'.

And thus much of the nine Archons in common, I fhall now fpeak of them feverally; only firft begging leave to tell you, that concerning the first Original of their Names nothing certain is recorded; but Sigo mius conjectures, that the Name of Baratus, and Apxay, were in Imitation of the chief Magiftrates of former Ages, wherein the City was first govern'd by Kings, and then by Archons; and that of Пodiapxos, in Memory of the General of the Army, an Officer ufually created by the first King's to affift them in times of War. And the roleras, as their Name imports, feems to have been conftituted in behalf of the People, to protect them in the Poffeffion of their Laws and Liberties, from the Ufurpation of the other Archons, whofe Power before Solon's Regulation of the Commonwealth feems to have been far greater, and more unbounded, than afterwards; for by that Law-giver it was order'd, that their Offices fhould chiefly confift in these Things which follow.

Aprav, fo call'd by way of Eminence, was chief of the nine, and is fometimes nam'd Ervos, because the Year took its Denomination from him. His Jurifdiction reach'd both Ecclefiaftical, and Civil Affairs. It was his Bufinefs to determine all Caufes betwixt Men and their Wives; concerning Wives brought to Bed after the Death of their Husbands; concerning Wills and Teftaments, concerning Dowries and Legacies; to take care of Orphans, and provide Tutors and Guardians for them; to hear the Complaints of fuch as had been injur'd by their Neighbours; and to punish fuch as were addicted to Drunkenness; alfo to take the first Cognizance of fome publick Actions, fuch as thofe call'd Εἰσαγ[ελέκι, Φάσεις, Ενδείξεις, Εφηγήσεις, of which in their Place. He kept a Court of Judicature in the Odeum, where Trials about Victuals, and other Neceffaries, were brought before him. It was his Duty also to appoint Curators, call'd Enyanral, to make Provifion for the Celebration of the Feafts call'd Alevéσia, and Oapyýda, with fome other Solemnities; to take Care for the Regulation of Stage-plays, and to provide Singers, Chorifters, and other Neceffaries for them. He was to be punish'd with Death, if convicted of being overcome with Drink during the time of his Office.

Bass, had a Court of Judicature in the Royal Portico, where he decided all Difputes which happen'd amongst the Priests, and the facred Families, fuch as were the Ceryces, Eteobutada, &c. to whom certain Offices in the Celebration of Divine Worship belong'd by Inheritance. Such alfo as were accus'd of Impiety, or Prophanation of any of the Mysteries, Temples, or other facred things, were brought before him. It was his Business to affift in the Celebration of the Elufinian, and Lenaan Festivals, and all those, in which they ran Races with Torches in their Hands, viz. Panathenea, Hepbaftia, and Promethea; and to of fer publick Sacrifices for the Safety and Profperity of the Common. Pollux Onomaftic. Lyfias in Alcibiadem. Demofihin. in Macar. Smidas, Harpocrat. & ubique in his capitibus.

i Demofthenes in Midiana,

wealth.

wealth. It was requir'd that his Wife, whom they term'd Barioga, should be a Citizen of the whole Blood of Athens, and a Virgin Which was likewise enjoin'd by the Jewish Law to the High Priest, otherwife neither of them was duly qualify'd to prefide over the Myfteries and Rites of their several Religions. Befides this, he had fome Concernment in fecular Affairs, for Disputes about inanimate Things were brought before him; as alfo Accufations of Murder, which it was his Bufinefs to take an Account of, and then refer them to the Areopagites, amongst whom he had a Right of Suffrage, but was oblig'd to lay afide his Crown (which was one of the Badges of his Office) during the Trial".

Пoa had under his Care all the Strangers and Sojourners in Athens, and exercis'd the fame Authority over them, which was us'd by the Archon towards the Citizens. It was his Duty to offer a folemn Sacrifice to Enyalius, (who is by fome taken for Mars, by others, for one of his Attendants) and another to Diana, firnam'd Ayperipa, from one of the Athenian Boroughs; to celebrate the Exequies of the famous Patriot Harmodius; and to take care that the Children of those Men, that had loft their Lives in their Country's Service, fhould have a competent Maintenance out of the publick Exchequer.

But because these three Magiftrates were often, by reason of their Youth, not fo well skill'd in the Laws and Customs of their Country, as might have been wifh'd, that they might not be left wholly to themfelves, it was customary for each of them to make choice of two Perfons of Age, Gravity and Reputation to fit with them upon the Bench, and direct them as there was occafion. These they call'd Пapedpor, or Affeffors, and oblig'd them to undergo the fame Probation in the Senatehoufe, and publick Forum, with the other Magiftrates; and like them too, to give an Account how they had behav'd themselves in their refpective Trufts, when their Offices expir'd.

The fix remaining Archons were call'd by one common Name, Thef motheta. They receiv'd Complaints against Perfons guilty of falfe Accufations, of Calumniating, of Bribery, of Impiety, which alfo was part of the King's Office, but with this Difference, that the Accufers did only paid as, inform against the impious by Word of Mouth at the King's Tribunal, whereas before the Thefmotheta, they did ypa deliver their Indictment in Writing, and profecute the Criminal. Alfo all Caufes and Difputes between the Citizens and Strangers, Sojourners, or Slaves, and Controverfies about Trade and Merchandize, were brought before them. Appeals to the People were preferr'd, the publick Examination of feveral of the Magiftrates perform'd, and the Suffrages in publick Affemblies taken by them. They ratified all publick Contracts and Leagues, appointed the Days upon which the Judges were to fit, and hear Caufes in their feveral Courts of Judicature, took care that no Laws fhould be establish'd, but such as conduc'd to the Safety and Profperity of the Commonwealth, and prosecuted those that endeavour'd to feduce the unwary Multitude, and perfuade them to give their Confent to what was contrary to the Intereft of the Commonwealth.

?Demosthenes in Nearam. Demofthenes in Lacritum & in Nearam.

Εύθυνος,

Edduvol, were ten Officers appointed to affift the Archons, to pass the Accounts of the Magiftrates, and to fet a Fine upon fuch as they found to have embezzel'd the publick Treafure, or any way injur'd the Commonwealth by their Male-administration. Ariftotle "tells us, they were fometimes call'd Eğerasai, and Zvvyope, and others will have them to be the fame with the Aoysal; but these are by Ariftotle faid to be diftinguifh'd from them.

CHAP. XIII.

Of the Athenian Magiftrates.

Indexa, the eleven, fo call'd from their Number, were elected out of the Body of the People, each of the ten Tribes fending one; to which there was added a rauarus, or Register, to make up the Number; fometimes they were call'd Nowoquaxe Keepers of the Laws, which Appellation was taken from their Office, being in fome things not unlike to that of our Sheriffs; for they were to fee Malefactors put to Execution, and had the Charge of fuch as were committed to the publick Prifon. They had alfo Power to feize Thieves, Kidnappers, and Highway-men upon Sufpicion, and if they confefs'd the Fact, to put them to Death; if not, they were oblig'd to profecute them in a ju dicial Way.

Duapo, were Magiftrates that prefided over the Athenian Tribes, one of which was allotted to each of them. Afterwards, this Name became peculiar to a military Command, and the Governours of Tribes were call'd Exental Qua. Their Business was to take Care of the publick Treafure, which belong'd to each Tribe, to manage all their Concerns, and call them together to confult as often as any thing happen'd, which requir'd the Prefence of the whole Body.

Dubai feem to have had in moft things the fame Office, with refpect to particular Tribes, that the Bagus had, with respect to the Commonwealth. They were chofen out of the Eurarpides, or Nobility, had the Care of publick Sacrifices, and other Divine Worship peculiar to their respective Tribes, and kept their Court in the Portico call'd Βασίλειον, and fometimes in the Bυκολείον.

Φρατζέαρχοι, and Τριττύαρχοι, had in the feveral Φατρίαι, and Τριττύες the fame Power that the unapos exercis'd over the whole Tribe.

Anapos, had the fame Offices in the A, took Care of their Revenues, out of which they paid all the Duties required of them, affembled the People in the Boroughs under their Jurifdiction, all whose Names they had written in a Regifter, and prefided at the Election of Senators, and other Magiftrates chofen by Lots. Sometimes we find them call'd Ναύκραροι, and the Boroughs Ναυκρατίκι, becaufe each of them was oblig'd, befides two Horse-men, to furnish out one Ship for the publick Service.

Polit. I. VI. cap, ultimo.

An