ARCHAEOLOGIAE ATTICAE LIBRI TRES. THREE BOOKES OF THE ATTICK Antiquities CONTAINING The description of the Citties glory, govern­ment, division of the People, and Townes with­in the Athenian Territories, their Religi­on, Superstition, Sacrifices, account of their Yeare, as also a full relation of their Iudicatories.

By FRANCIS ROUS Scholler of Merton Colledge in Oxon.

ARISTIDES.

[...]. When others have in the same Argument preoccupated mens eares, they that speak afterward of the same subject, have a greater trou­ble to consider what they must passe by unsaid then what to say.

OXFORD, Printed by LEONARD LICHFIELD, for EDWARD FORREST. M. DC. XXXVII.

TO THE RIGHT VVORSHIPFVLL S r NATHANIEL BRENT Knight, Vicar Generall, and the most vigilant Warden of Merton College in OXFORD, Health, &c.

IT is the custome of most, to im­pose a patronage of their errours upon some eminent person. But it shall bee my ambition in this my Dedication to manifest my observancie. Others make their choice of potent men, thereby to shun the darts of envy. It shall bee my glory to be thought worthy of invidency; whose ignorance is not so great but well [Page] knowes that ever some will bite in secret; & scourge these errours of my youth with pri­vate reproaches. But such malignant tongues I will counterpoise with the winde; and set as lightly by as they are vaine. And although I am confidently perswaded that the covert of your wings bee sufficiently able to shelter my faults; yet had I rather to expresse my du­tie towards you in these naked infirmities, whose goodnesse truely knowes how Au [...]s litera­tum ignoscere Vegetius in Prolog. to pardon the bold adventures of learning. I present you therefore with ATHENS, whose deplorable raggednesse my papers well re­semble▪ which may challenge this excuse, that they assimulate themselues to the Trea­tise in them contained. Which of all men, I my selfe am conscious most unfitly to haue handled. That Citie once the Cic. Epist▪ nurse of rea­son; Patercul. in [...]ne [...]. [...]. which flourisht in eloquence, & braue atchieuements more then all Greece, could not, unlesse in her miserable ruines, haue without her disgrace beene spoken of by me. That ATHENS whence the learned Fathers of the Church suckt rare literature, Basil his [Page] eloquence, Nazianzen his strength, & others their flowing Oratory. That ATHENS which who had not seene is by Apud D [...] ­caearchum [...] Lysippus accoun­ted a block. Accept, Honoured Sir, these Re­liques of that famous Vniversitie, though by me offered, as Devotion paid to Antiquitie, by you well esteemed of, though among most of these our daies accounted durt; 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, quod (que) praesens est se accommodat, paulum admodum sentiens praeteri­tum, &c. never caring for what is past. But you weigh well the excellency of talking with those Champians of Learning, hun­dreds of yeares since gathered to their former dust. By whose pensils wee see drawne the liuely images of deceased Monarchs, the formes of goverment, and very liues of states. Out of which patternes, if you please to deeme the least part of this to haue beene ta­ken, it shall heap to my ioy that the follow­ing Tract will not seeme a spurious and de­generate▪ [Page] ofspring. Vpon presumption of which I feare not, as the Eagles doe their young, to expose my brood to the rayes of the open Sunne. Thus with continuall wishes for addition to your happinesse, I take leaue, From my Study in Merton College Iun. 9. 1637.

Your VVorships in all humility to be commanded F. ROVS.

To the Reader.

IT is not a thirst of empty glory that makes me runne hazard of your censure, but a consideration of the weaknesse of School▪ masters, who undertake to read the Greek Orators to raw Schollers, themselves being not ripe in the Attick customes. 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 amisse, it shall be taken by me as a favour to hear of it from any. For I am not of those whose eares are stopt, when their errors are told them. If this please it shall adde spurres 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 availes as much as to offer, and Missath an offering Deu. 16. [...] missath nidhbath a free offering, taken it seemes of prayer and praise. Weichelius Est autem missa vocula Hebraica, quod nos Latine oblationem aut munus vocamus, quod sponte propriis manibus defertur at (que) 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.

Iavan, Ias, Iaones, Ionia, [...]. 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 sonnes of Noah Gen. 10. [...]. were the Iles of the Gentiles divided in their lands, every one after his tongue; when by their audacious fol­ly they would haue mounted vp to heaven, thinking to leaue a name to posterity, by buil­ding Castles in the ayre. From which attempt proceeded that which before they were jealous of, namely a scattering abroad vpon the face of the earth; hee hauing so spoken it, whose breath alone affords a faire winde: hoyst then they must their Sailes, and bidding adieu to the plaine in the land of Shenar, seeke out some new habitation. Travel­lers they were of yore, and yet still must iourney. Each one in as differenta course, as of a divers language. The sonnes of Shem their way, the sonnes of Iaphet, theirs. Gomer and Ma­gog, and Madai and Iavan, with whom I purpose one furlong [Page 2] to keepe companie, leauing the rest on one side or other or behinde, looking only to my proposed scope. Ioseph. An­tiq. l. 1. c. 7. p. 13. [...]. From Iavan came Ionia and all the Greekes. And in Scripture we haue Iavan put for Greece; in Daniel twice, Dan 10. 20 And when I am gone forth, loe the Prince of Grecia shall come. And againe, Cap. 11. 2. Hee shall stirre vp all against the Realme of Grecia. Where although the old translation ren­ders it not Iavan, yet it is so found in the originall. Hee then comming into the country called afterwards Attica, left vn­to it his owne name, whence it was tearmed Ionia and Ias. [...]. For Attica was anci­ently Strabo l. 9. p. 392. called Ionia and Ias. In which words wee still retaine some reliques of the radix, notwithstanding the small diffe­rence of the termination. But if wee please to view after what title the sonnes of Iavan were stiled Iaones wee shall come neerer home. Strabo in the aboue quoted place, [...]. Homer when he saies, There the Boeotians and Iaones speakes of the Athenians. The Scholiast of Aeschylus on these words,

In Persis p. 133. [...]It is to be vnderstood, quoth hee, that the Athenians are tearmed Iaones, from one Iaon (hee meanes Iavan) that was their king. Neither is it strange that the vau or▪ [...] is left out; for though it be not written, yet perswaded I am that it was as much pronounced, as other au Diphthongs were. For the Donat. in [...]er. p. 130. antique Latines and the Greeks spake it as broad a, as if it had been the saros not the sauros. S r Walter Raleigh is of opi­nion that Asia the lesse had people before Greece had any, and that Iavan did not fly from Babylonia into Greece, but took Asia the lesse in his passage, and from thence past over the neerest way, leaving his owne 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 iudicious a man might move much, yet it shall be sufficient for me, onely to goe so farre, as antiquitie [Page 3] will beare me out. Lib. 1. p. 2. Thucydides reports that it is manifest, that all Greece was not [...], firmely inhabited, but that there were continuall pilgrimages, or remouings of the inhabitants, forsaking their former places, being driuen out by a stronger and greater number. Wherefore when there was no safe traffique or commerce by sea or land, each manu­red his grounds for to haue provent, alone to serue for pre­sent necessity, desiring no more then from hand to mouth; it being vncertaine, how soone they might be compelled to get them thence. Whereupon they did more willingly change their seats; not taking grieuous that sharp charge, veteres mi­grate coloni. Be gone you ancient Boores. But the more fertill soyle had hard bickrings. Thessalie, Boeotia, and a great part of Peloponnesus, except Arcadia, was often invaded, and the old Lords expelled. [...]. [...] Thucid. But Attica, by reason of the thinnesse or barrennesse of the ground, was alwaies inhabi­ted by the same men (none it seemes being willing to leaue his better, for a worse) not affording fuell to contention. Out of which peace sprung vp so great a multitude, that Attica, even now swarming, and [...], not able to containe and feed so many, is constrained to send forth Colonies into Ionia, a region of Asia the lesse, which is reported by the Greekes to borrow denomination from Ion the sonne of Xuthus, or, as the Poets say, Apollo and Creusa, who in the words of Euripides is thought to be In Ione. T. 2 p. 619. [...], the maker or founder of Asia. The mother Ionia (for so I please to say) kept not still her former name, For in processe of time shee owned Actaea; from Actaeon, as Lib. 9. p. 397 Strabo sayes, or from Actaeus, accor­ding to In Att▪ p. 2. Pausanias, who was the first king thereof, by Pag 23. Tzet­zes on Lycophron called Acteus. But Orat. 6. Dion Chrysostom brings a more naturall reason then this, why it was Actaea, Acta signifies a shore, both in the Greeke and Virg. Aen. 5. p. 214. Latine speech. Now because all of it within a little was washed with the sea, and Strabo. l. 9. p. 391. [...], it might challenge vnto it selfe Actaea. Dion [Page 4] [...]. Hence [...] by the Aenigmatical Poet in his Pag. 22. Cassandra is put for this country. Tzetzes. Because it is (Acta) a cliffe, that is cast forth and lying in the sea. And Athens her selfe by Plautus is said Athenae in acta, pro Athe­nis Atticis, as 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 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, Queene of Greece, so called, from that victory which Minerva got over Neptune, when Ce­crops moved▪ with a prodigie of a sudden shooting up of an a Varro apud August. l. 18. c. 9. de civit. De [...]. Oliue, and bubling forth of a salt spring in the Acropolis, con­sulted the Oracle of Apollo, who taught them that the one did signifie 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 Goddesse bore away the bell. Lo here a witty Divell to bring in [...], Gods of his owne making, to infold the superstitious in an ignorant zeale. How ever let vs leaue the shadow of poëticall fictions, and take the true draught out of Mythologie. Plutarch is of opinion that the ancient kings striuing to draw away their subiects from sea faring negotiati­ons, and a desire to liue by sayling, vnto tillage and manuring of ground, gaue occasion of the speech that Neptune and Mi­nerva did alter cate about the citie. [...]. &c. Neptune is b In The [...] ▪ p. 87. l. 23. put for the Sea and businesses thereof. Minerva for Arts and ingenuous kinde of life, nay saies Ovid in his Kalender. Mille Dea est operum shee is Goddesse of a thousand trades. Others say that the Citie was consecrated to her by Amphictyon, & nomen civitati Athenas dedit. Lib. 2. Iustine. Others in the time of Erecttheus, among which is Herodotus, will haue this name [Page 5] giuen. Which Author [...]. Marcianus Heracleota doth follow, [...]. This was that Erectheus, who in a time of drougth over all the world except Aegypt, brought co [...]ne to Athens, and taught the Eleusinian mysteries. Beholding this Citie hath beene to Aegypt for other kings; to wit, A [...]stoph. [...] pag 79. [...]. in Lycoph p. 2 [...] Cecrops and Menestheus, for his father Petes was an Aegyptian. In the time of Diodorus Siculus and before him was it a recei­ved opinion that Athens was peopled by the Aegyptians, Sais in that tongue answering to Athene in Greeke, as Tzetzes out of Carax. Nay that they should bee of the inhabitants of Sais, they argue from this. Because that the Saitae and Athe­nians haue divers customes alike. Witnesse Diodorus Siculus. But it pleases not me. I coniecture that first it was called A­thens, when the people began more seriously to addict them­selues to civill goverment, and studie of good literature; knowledge and art being ascribed to Minerva. [...]. saies Polit. l. 8. c. 9 Aristotle. Nay her name being deriued from thence, [...] thena in the Chaldy tongue signifying to studie or learne: from which come thenaa and with an article Hat thenaa as 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 wisedome doth containe eternity, let vs send it back into Germanie. Loe now Athens named from learning, which was once the Isidor. shop of letters and the Muses, whereof it is now deplorably destitute, hauing lost the glory of former Athens, nay the name it selfe. For if wee beleeue some they tell vs, that now it is Salenos or Selines. To whom I accord not. Be­cause that I haue read Selines for Megara called Nisaea, which is not many miles from Athens. Furthermore in discourse with a natiue of Peloponnesus, who liued many yeares in that City, I had no other appellation from him then Ateene, which others write Satina corrupted as Portus and Meursius truly thinke for [...]. Nay In Hodaep. Byz l. 3▪ Hugo Favolius who was there [Page 6] himselfe even to the same purpose names it Sethina.

Vndi (que) sic miserae nobis spectantur Athenae
Daedala quas Pallas sese coluisse negaret,
Quas, Neptune pater, nunquam tua maenia dicas
Indigenae Sethina vocant—
Wee wretched Athens round doe view, which now,
Though once ingenious Pallas love, 's her shame,
And t'have beene thine, Neptune, would'st 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, saies In Panath. p. 171. 172. Aristides, is placed in the midst of the whole earth, and in the mid'st of it stands Attica; the navell whereof is Athens, by which all Greece, clo­seted in the wombe of time, receaved nourishment, be­fore an happy birth had brought her forth into the light. Shee is seated upon a very high rocke, which habitations doe en­compasse, as Lib. 9. p. 396 Strabo: on the top of which stands that renow­ned fabricke even to this day, which Cecrops from himselfe 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 perpetuall contention with the Argivi. Witnes In Att. p. 13▪ l. 16. Pausanias. 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 Citty, whence the Citi­zens themselues are called astoi, after that they called it [...] Attic. p. 24. l. 43. Pausanias. Which in his time was called [...] or the high City, although it be often interpreted Arx a castle▪ [Page 7] which ever were sacred to Minerva, as Orat. in Mi­nerv. To. 1. p. 21. Aristides. Who therefore is by Catullus in his Argonauticks named Diva re­tinens in summis urbibus arces. The Goddesse that keepes the Turrets of Cities. This only now remaines, the succour and shelter of the barbarous Athenians, being strongly furnished with men and armes, in which alone dwell Ianizaries, to the number of seaven hundred thousand, as Christophoro Angelo told me, and avouched it, I fearing least hee had mistaken the number. As for the forces thereof Ho [...]. Byz. l. 3▪ Hugo Favolius shall thus instruct you,

Arx tantum celebris hoc tempore montis eodem
Quae (que) imposta iugo est, vastas prospectat in undas
Aequoris, & circum dispersa mapali [...], & omnes
Externo indigenas nocuo tutatur ab hoste,
Nobilis arx, toto qua non est altera Graio
Nota magis regno, validis (que) instructior armis,
Ignivomo (que) magis tormentorum impete tuta.
A Castle only famous at this day,
Set on an hill, below which viewes the sea.
The scattered thatcht sheds, that stand it about▪
The fort defends, and keeps invasion out▪
And natiues safe. A fort; none noted more
In Greece, which hath a better warlike store,
Or it for fiery Canons goes before.

Vpon the toppe of this Turret stand the fashions of Halfe Moones most rarely gilded, after the manner of the Ishmae­lites, who haue the Moone in no small honour, as my much ho­noured M r De D [...]s Sy­r [...]s Syn. 2. cap. 2. p. 288. Selden hath obserued. Of which Lunulets thus speakes Favolius,

Cuius inauratis longe rutilantia Lunis
Ardua coelivagas feriunt fastigia nubes.
Whose tops with gilded Moones aspiring high,
Doe knock the Clouds the pilgrims of the skie.

Neither may it passe obscurely which I haue taken up being let fall from the mouth of an eye witnesse; namely that on the [Page 8] side of this hill, on which the Acropolis is built, growes a certaine kinde of herbe, that farre off, in the night season, giues a most shining and glittering light, to which when a man shall approach, he shall discerne nothing but the herbe it selfe. 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, saies Favolius, but in former time it hath beene well fenced; some part thereof erected by those two Tuscan brothers, who leaving their country, lived here vnder the Acropolis, called [...], Pe­largi, Storkes, [...], for their wandring, Lib. 9. p. [...]97. Strabo, Nat. hist. l. 7 [...]. [...]. Plinie sayes their names were Euryalus and Hyperbius. The two that first built houses of brick at Athens, when for­merly they had Caues for dwelling places. But by the autho­rity of Pausanias, though the Printers and Scribes haue done both that Author, and the persons wrong, in putting a false name vpon one of them, I will doe them none. Read then Laterarias domus constituerunt primi Agrolas & Hyperbius fratres Athonis, &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 sonne 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 Tul O [...]. l 2 Demetrius Phalareus for disbursing so great a summe of money. Val▪ M [...]x. lib. 3. c. 1. For which hee was not finally troubled how hee might giue vp his accounts to the people; His Nephew Alcibiades therefore seeing him somewhat sad, and demanding the cause, to whom when his vnkle replied, that it was about giving his accounts, seeke rather, quoth he, how you may not giue them. By which counsell the Atheni­ans were entangled with that neighbour warre against the Lacedemonians, in which they found not vacancy for an audit. [Page 9] 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 [...] p. 175. Plutarch, [...] it may be, for his heat in venerie and ill savour. Goats likewise, saies De re Rust. Varro, came not thither, unlesse for a necessary sacrifice once, least they should hurt the Oliue which is said first to haue sprung up there. The circuit of this Acropolis is said to bee threescore stadia. Now a Stadium is about some Fiue feet make a pace, and a thou­sand paces a mile. [...]sidor. Orig. lib. 15. c. 16. six hundred and twen­tie fiue feet, eight of which make a mile, it being the custome of the ancient Greekes, so to measure the length or distance of grounds, or Cities, by the [...]. The first City then is con­tained in seaven miles and an halfe. But to this were added more houses able to make a City of themselues. And so in­deed were they distinguished by [...] & [...], The up­per and the lower City. In Phoc. p. 549. l 47. Plutarch, [...]. Note here moreover, in the reading of your Greeke Authors, that when you meet with [...] in the description of a country, you presently must conceaue the higher part, if it be [...] Lib. 1. p. 6. [...] Thucydides. [...] And they prayed upon each other, and among the rest who were not addicted to the sea, yet liued below, understand neare the sea, Schol. [...]. The [...] then & [...] knit together made but one ioynt corporation; both, as it were uniting Piraeum unto themselues, tooke up, as Orat. 6. Di­on Chrysostom writes, two hundred stadia, which is about fiue and twentie miles. Vpon which place, Morellus produces a Scholiast testifying that the wals were [...] fifteene miles saue one furlong. Where I wonder that the learned man had not e [...]tsoone perceived the number to haue beene corrupt, and written [...] for [...], twentie fiue for fifteene. 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 fiue miles, as you may see in Nat. hist. l. 2 c. 85. Plinie, From Athens to Phalerum, and so to the other side of Piraeum foure miles [Page 10] and a quarter. The utmost wall of which Thucydides speakes in his second book consisted of fiue miles a quarter and halfe. The girdle of Piraeum and Munychia had seven miles and an halfe more. All which being put together make up but twen­tie two miles one quarter and one furlong. But Dion Chryso­stom must be here understood; and it behoves us to conceiue that he spake not barely of the naked walls, for then it cannot hold; but I suppose some houses to haue beene without [...]o citato [...] as he saies, [...] In which I appeale to more judicious heads. Neither can I silently passe by the opinion of Iohn Meursius, who reading in In Arcad. p. 244. l. 3 [...] Pausanias these words [...], should presently obtrude to us, that Pausanias teaches, that the Att. Lect. l. 3 c. 4. wall called Phalericus is but twentie stadia or two mile and an halfe. When indeed he meant nothing lesse. For speaking of salt springs, which he calls [...], he seemes to involue a reason drawne from the neerenesse of the sea. For when he writes of this brackish well, Among the Athenians, the sea which comes up neere Phalerus is distant from the City but twentie 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, proues that which followes. He might haue likewise consi­sidered that [...] with a Dative case signifies not onely juxt a and prope as I haue translated it; but supra sometimes, which will now serue better. And Meursius indeed blames the number; but sees not into the words. Now it is not needlesse that the two walls, which joynes Piraeum and Athens at so long a distance, be somewhat spoken of, seeing they are rec­koned by [...]b. 31. [...] L [...]b. [...]. Eleg. Livie among the multa visenda, Many things wor­thy of sight at Athens. These are the [...], in 9. p. 192. Properti­us,—Theseae brachia longa viae. In [...] Math. p. 125. [...] [...]. Appian of Alexandria, [...], and P [...]g [...]55. l. 10. Plutarch in Cimone. One lying towardes the North, of which I [...] [...] [...]. [...]. [...]. [...]. Plutarch. The other towards the South, [Page 11] in height about forty Cubits, as In Mith. p. 124. l. ult. Appian testifies. These are called [...] by Orat. 6. Dion Chrysostom, because Athens being at one end, and Piraeum at the other, these were drawn forth betweene. And when writers speake of [...], it may be conjectured that it is for distinction of that [...] in the Acropolis which Cimon built, In Attic. p. 19. l. 8. witnesse Pausanias. Aristophanes seemes to bring authoritie for an opi­nion that Themistocles built these. In P. 337▪ Equitibus.

[...].

Which his P. 338. A. col. 2. Scholiast affirmes. [...]. For Themistocles added Piraeum to the City. We read in In Them. p. 27. Probus that he was the only agent in walling the Ci­ty, and that he so hastned the accomplishing, that they were faine to be as it were sacrilegious, and make use of materials formerly consecrated to the edifying of Temples, and Monu­ments of the dead. But In Them. p. 87. l. 25. Plutarch gaine-saies this, and that he did onely [...], [...] conjoyne the City and Pireum, and put the land to take acquaintance with the sea. It seemes somewhat forward be­fore. How ever, so fennie was the ground it was founded up­on, that the worke soone came to great reparation, which Plut. in Cim. p. 355. l. 14. Cimon the sonne of Miltiades undertooke. For with stones of an huge weight and lime he made the earth so firme that it could not giue. Nay he was so liberall, that he did out of his owne expences so great favours, to a people that some yeares after gratified him with exile. Neither did he only mend the breaches; but in after time Plut. p. 355. l. 12. vnlesse [...] may haue re­spect to Conon who after the victory at [...]nidus erec­ted these wals as Pausan. in Atticis. p. 2. l. 14. I would neither de­ceaue my selfe nor the Reader. finished the whole worke, 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 tenne, but I feare 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, sayes Livie maior aliquanto patentior (que) quam caeterae est, greater somewhat and wider then the rest. Hence I suppose named Dipylon as if it were as big as two gates. [...]. Pi­raicae [Page 12] Neere the Temple of Chalcod [...]on. Here were buried some of those that died in fight with the Amazons in the time of Theseus. In [...]. p. 9. l. 20. Plutarch. [...]. Hippades. where the bones of Hyperides the famous Oratour rest with his progenitours, who being racked under Antipater, chose rather to bite off his tongue, then to divulge the secrets of his country. [...] p. 456. [...]. Sa­crae. the sacred gate. We read of this in [...]. p. 45 Theophrastus's 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 haue been carried out to buriall through the Sacred gate? It makes not any thing that it was spoken to a stupid fellow, for they spake not as our vulgar doe, such as, When Christmas comes out of Wales. write then [...] are the gates at which they went forth with their corps at the solemnizations of their ob­sequies, the reason of which shall be spoken hereafter. Pag. 715. num. 95▪ De­mosthenes, [...]. The gate of Aegeus. It seemes to haue beene in Delphinium where he dwelt; whence the Her­mes or Image towards the East end of the Temple was called Plut. Thes. p. 4. l. 2 [...]. [...]. The statue at the gates of Aegeus. [...]. Melitides. Where lyes Thucydides the sonne of Olorus that wrote the Peloponnesian war, who after his re­turne into his country from banishment, was treacherously murthered, his Sepulcher stands neere these gates. Atti [...]s p. 21. l. 41. Pausani­as. [...]. Ceramicae. These are called by Xenophon [...]. The gates in Ceramicus, where many of the Lacedemonians were buried, which died in the seditious war that Thrasybulus made against the Thirty Tyrants. [...]. p. 279. l. 43. Xeno­phon. [...] The gates of Diochares. Of whom I haue nought to speake. [...]. The Acharnan gates. I suppose they were called so from that Towne or Village neere, named Acharnia, to which it is probable it looked. For so did the ancients name their Gates from the Towne to which they were neere. The Romans their porta Collatina [Page 13] from Collatia, a B [...]rge not farre off. And happily it is so here, Meursius hath added two. [...] ­toneae, & S [...]aeae. in Atti­ [...]s which I never saw vn­til I had writ­ten thi [...] place as God and man is my witnesse. I [...] [...]ake least a­ [...]y should think that I haue stolne 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 Atticis p. 14 l. 11. Pausanias, as that neere the Gallery which from its various draughts they call Paecile, where is the effigies of Mercurie Agoraeus in brasse. And others about the beginning of his Attica, of which I had better hold my peace then speake as good as nothing. Thus haue wee found twelue gates; which being opened enter; sucke that sweet aire, whose excellent purity brought forth such acute wits, Cassiod. Var. l. 12. and prepared with a most happy bounty under­standing iudgements for contemplation. Whence Medea. p. 460. 461. Euripides may well straine to this note, that Venus sitting neere, and adorning her selfe, sends forth continually Cupids of learning, [...]. Well may he blesse that clime stiling it, M [...]. p 459. [...], which hath beene the Mother of the Muses (by the leaue of Mnemosyne) or at least the Nurse to them, for there are they said to haue travelled with Harmo­nia; as if there were no such melodious concent, as in the Sci­ences. Let not [...]n prae [...]. [...]d ad Charact. Theophrastus assertall Greece to lye under the same temperature and disposition of the heavens, when at this day it may be spoken, as once Aristides did of it. [...]om. 1. p. 17 [...]. No [...]oast so truely void of all earthly dregs, and participating more of the celestiall and defecated aire. Not unworthily hath Sophocles beene lavish in expressions. [...]a. p. 57. Famous, O [...]d. Col. p. 258. The most renowned, O [...]d. Col. p. 26 [...]. Happy, [...]a. p. 71 [...] Sacred Athens. Pindarus. [...] p. 3 [...]1 Wonder­full. l Much spoken of. m Neat, &c. To the making up of her delight comes to all the river Cephissus, which is able to beare vess [...]s of a good burthen, as I haue beene informed, but the Turk [...] fearing least it mightbe advantagious to an enimy that might invade them, haue cut it into many and sundry litle streames, damming vp with an innumerable quantity of stones the mouth of the river for a mile in length. Thinking they haue sufficiently prevented, which they did but suppose could happen.

CAP. III.

[...] Mores, & Ingenia. [...]. Quantum hodierni differ [...]nt à veteribus; & qualem vitae rationem mo­dum (que) habent.

THE Athenians by [...]. 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 dammage, in anger conceived for losse of the Title of the City) was this, 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 bablers, Deceitfull, Calumniators, Observers of the liues of strangers. [...]. A sufficient wit­nesse of this is Act. 17. S t Luke, that faies, they did regard nothing more then to heare and speake noveltie. To which end they often met in Barbers shops, where all the newes, that was go­ing in those daies, was currant. Hence say we, verba in ton­strinis proculcata: and in Greek [...], In Pluto p. 3 [...] Aristo­phanes.

[...]
[...]
[...].

They that sate in the Barbers shops did talke much that hee was suddenly growne rich. The Scholiast seemes to take the meaning as if the Comaedian had quipped them for resorting to Barbers, and neglecting Barber▪ Chirurgions of better cre­dit. But I see no reason. They met in both to prattle. Aelian [...]ar. [...]st. lib. [...] [Page 15] [...]. Sitting in a Chirurgions shop, scandalous, and thir­stie to speake ill by all meanes. [...]. men Italianated, who can smile, even when they cut your throat. Such as Theophra­stus d Cap [...]. hath in his Characters drawne out, who can be affable to their enimies, and disguise their hatred in commendation, while they privily lay their snares; that salute with mortall embracements; and [...]lasp you in those armes, which they meane to embrew in your dearest blood. In summe, faire without, but rotten within, like a wound which is healed a­boue and seemes sound, but putrifies under the skin. And so much the word doth import. [...]. Given to false ac­cusations. The In Plut. p▪ [...]. Scholiast of Aristophanes writes, that it be­ing forbidden to carry figges out of Athens, and some never­thelesse the decree being absolute against it, presuming so to doe, they set rogues in the gates that did appeach them, (as In Solone p. 65. Plutarch likewise) Hence came this word to bee used for any crafty knaue that gets his living by promooting, Xenophon. [...]. p. 271. l 20. [...]. One that meddles in every mans affayres, and therefore Pluto. p. 90. c. p. 91. b. Aristophanes hath fitly brought one upon the seene terming himselfe an Overseer both of private and pub­like matters. If then such a person had espied any tripping, and gotten him on the hip, hee would as sure haue fetched him over for his coyne, as any Summoner doth a person delin­quent towards the flesh, or any Lawyer a credulous client, and having well plumed him, afterwards giue him a dimissorie. [...] ( Sycophaniae) [...]. Xenophon. Such were many in Athens, in somuch that Aristotle i [...] p. 272 l. 19. being asked what Athens was, answered, [...], All beauti­full, [...], in a verse of [...]. Ho­mer in the description of Al [...]inous his garden, but peares grew ripe after peares, and figges after figges, meaning a continuall succession of Sycophants. This made Isocrates the Oratour to compare the City to a Curtezan, with whom few there were but would haue to doe, yet none dare take to wife; affirming it to be the best place to soiourne in, but the worst to inhabit: [Page 16] By reason of their Sycophants and trecheries of nimble ton­gued Oratours. [...]. I was once halfe in an opinion that these words were to haue beene put to the former thus, [...], And I thinke the sense will runne well, Malitious observers of the liues of strangers. The Athenians were [...] and held hos­pitalitie sacred, and I doubt not but they had that Law, That▪ forrainers should receaue no wrong, [...]. [...] [...] [...]8 Socrates in Xenophon. Now he discommends the [...] as ready to trouble and vex strangers in law, duly marking and bearing an eye vnto them to take them at an advantage: As for the Athenienses they were [...], Braue spirited, single dealing, and faithfull friends. But as the words were at length confounded, so did their mā ­ners degenerate, growing into [...] ▪ an Irregu­laritie of nature. as Lib. 6. Polybius. No [...] afterwards▪ but haughtinesse of spirit, magnanimity now fallen. And when Dec. 4. p. 7. [...]. 1▪ L [...]vy sayes ex vetere fortuna nihil praet [...]r animos servare, he meanes▪ they had nothing left but those proud spirits, which their ancient flourishing fortune had puffed up. No [...], or simplicity, no Aristoph. p. 6 [...]. lambe like innocency, or mildenesse; but as [...]. p 38 [...]. Plutarch speakes▪ people rashly angry, soone pittifull, rather in­clined sharply to take opinion, then quietly to be enformed. And as they are ready to helpe base and abiect peasants, so friendly do they entertaine childish and ridiculous toyes, reioycing in their owne praises, & nothing moved with scurrility, Fearefull and terrible even to their governors, humane towards their enimies. Not unfitly then Lib [...] c. [...]. p. 2 [...]7. Valerius Maximus, Quantam ergo repre­hensionem merentur, &c. How deserue they to bee blamed, who though they had iust lawes, yet had most wicked disposi­tion, and chose rather to take their owne courses, then put in practise their statutes? As for their impudence, so great was it, that to expresse a countenance void of shame, the Comoe­dian hath put [...], An Athenian looke, in Pag. 189. g. Nubi­bus. [...], So accounted in the time of Lib. 2▪ p 47. Pater­culus, [Page 17] that what was done in sincerity and faithfull trust, the Romans would say, it was performed fide Attica with an Athenian loyaltie. Feare and power might make them trusty, but how they brake their leagues, took part with other Ilan­ders against confederates, and violated the lawes of armes, Hi­storians are not dumb. As for their wrath it was [...], ever mindfull, as Aeneid. [...]. Virgil. mem [...]r ira. And the hatred they pro­sequuted the Barbarians withall was so unquenchable, that it burned against Isocrat. in Pan. p. 109. all Barbarians for the Persians sake; & they forbad them their sacrifices as they used to doe murderers a­mong them. Where you must note that all that were not Graecians were called of them Barbarians. But loe! How are they now become all Barbarous! whether or no people of Africa or some of the Catelani I cannot iustly tell. Mahume­dans all, poore and miserable, living by rapine, or fishing, or tilling the earth, Hodoe p. Byz. l. 3. Favolius Dura (que) coacti

Pauperie assuerunt vitam tolerare rapina▪
Aut passim infestant furto, rapto (que) 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.
Opprest with need they doe their life sustaine
By rapine, and anoy the neighbour maine
With pillaging. Who are more iust and good
With angling doe the silly fish delude;
Or plough the grounds made desolate before,
Vnhappy, wretched, mis'rable, still poore▪

CAP. IV.

De populidivisione, [...]. Quid Atheniensibus cum Ae­gypt [...]is commune.

THere were at first but two kindes 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 fortunae (que) ali­quid inter lucebat, in which there was difference of dignity & fortune: such as at this day are in France either Peeres 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 speakes. Pollux l. 8. [...] p [...] [...], Eupatridae, were such as were descended from the loynes 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. &c. whom we may tearme Nobles, or men of good birth. [...], Geomori, may not seeme unlike our Yeomen, who had lands of their owne and sustained themselues 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 Citie, [...], saies Diogenes [...] In Solone▪ Laertius; and the Pediaei which likewise are [...], such as li­ved in the middle of the Citie, or the plaine. And the Paralii who lived neere the sea, were at contention about govern­ment. The Diacrii leaning to a Democratie, as Pag. 61. in Solome [...]. Plutarch writes▪ the Pediaei to an Oligarchie, and the Paralii between both, and had chosen Solon to arbitrate and determine the [Page 19] matter; he made these foure rankes. [...], Pentacosiomedimnos▪ Equites. Ze [...]gitas. Thet [...]s. d P [...]ut. p. 65 Pentacosiomedimni were those who [...], could make fiue hundred measures in wet, and drie 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 seemes 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 abilitie to keep an horse, or had the quantitie 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 beare office in the Com­monwealth. A fourth ranck which he called Plutarch. lo­co praedicto. [...], Thetas, a name from servilitie, which had no power in the rule of the weale publique. But it had not beene amisse if I had shewne how the Aegyptians had divided their people into three clas­ses as the Athenians did, as I haue spoken aboue. For the first degree or Eupatridae addicted to learning and studie, who were had in greater honour, answer to the Aegyptian Priests. Plut. Thes. p. 8. l. 18. Nay those great houses in Athens had Priesthood by successi­on, as Eumolpidae, Ceryces, Cynidae. For out of the stocke were chosen Priests hence [...] in Pag. 741. num▪ 164. Demosthenes. The Geomori who had lands assigned to them for the maintenance of the warre, are not dislike them in Aegypt who hold posses­sions on these tearmes, namely to provide souldiers when need shall require to fight. The Demiurgi resemble those Plebeians who skilfull in some art, did set out their labour to daily hire: as Diodorus Siculus can testifie.

CAP. V.

Tribus quatuor sub Cecrope mutata earum nomina. Augentur à Clisthene: duae additae. [...] ▪ Tribulum [...].

IN Athens there were but foure 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 neere 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 knowe not. It is probable that it was an honour to their governour, for as Cecrops gaue the first names, Cranaus the second, each assnming a title to himselfe, Ericthonius called them after the name of Iupiter, Pallas, Neptune, Vulcan. [...] But when Ion came to rule they were named after his foure sonnes, Geleontes, Aegicoreis, Argades, Hople­tes, as In Terpsic. p 137. Herodotus and In [...]one ver­sus si [...]em. Euripides. though Plutarch sayes that they were so called In Solon. p [...]5. [...], from the courses of life which they first tooke. But Clisthenes a man factious and wealthy is said by the Councell of A [...]stides [...] 1. p. 3 [...]6. A. [...] 3. p. 352. Apollo, Alomaeon being Archon to make tenne 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. In Terpsic. p. 137. Herodotus. These then were called [...]; as you would say giving names; the word so signifies sometimes, as Minerva is said by Dion Chrysostom [...], who gaue the name to Athens. To these were erected Satues nere the Councell place of the Senate. Their names are these as In At [...]p▪ p. 4. 5 Pausanias hath them. Hippothoon, Antiochus, Aiax Telamo­nius, [Page 21] Leo, Erectheus that slew Immaradus the sonne 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 gratuitie to them for the favours receaved; which in processe of time they changed into Attalis, and Ptolemais, as Stephanus writes, [...], having beene curteously 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 Livie deceaue us not, who at the time, when Attalus did succour the Athenians against Philip, sayes they first thought of adding that Tribe to the tenne, in thanksgiving that the Rhodii rescued foure figh­ting ships of the Athenians taken by the Macedonians, and sent them home, Decad. 4. l. 1 p. 6. Tum primum mentio illata de tribu quam Attalida appellarent, ad decem veteres tribus addenda. Thus haue we seene that there were twelue Tribes in all. Let us look back to the first institution. I suppose they were first or­dained for the better administration of civill goverment. In [...] ▪ b. pag. 181. Eustathius writes that they were divided in imitation of the yeare, The foure Tribes according to the foure quarters; each Tribe into three Fraternities, which they call [...] or [...] answerable to the twelue Moneths, each [...] or [...] into thirtie [...] or kindreds equalising the daies. For so many only had the yeare of old. Witnesse the Ridle of Laertius▪ p 63. l. 1. Cleobulus concerning the yeare,

[...]
[...].

One Father had twelue Sonnes, and each sonne thirty daugh­ters, and every daughter black and white, meaning daies and nights. Over these were governours [...], Kings of the Tribes, who sate upon controversies betweene party and party of their owne Tribes. Each Tertian also had his over­seer called, [...] the Ruler of the Trittys or Phratria. The word may seeme to signifie a Societie, fellowship, or [Page 22] Company. It skils not whether you deriue 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 well-spring in Athens, they were con­strained touse [...], digged wells, as In Solonep. 6 [...]. l. 33. Plutarch. [...] are the men of that societie, called by Tully, Curiales, of the same Ward, speaking of Cimon, who gaue command that his servants should afford what they had if any Laciades should come into his Farme. In description of which thing Plutarch uses [...], which then wee are not to interpret Curialis (For this is as much as [...] and [...]) but popularis. These at festivall daies in Athens met in a place called Phratrion, as [...] [...] ▪ pag. 181▪ & [...] [...]. pag. [...]29. Eustathius obserues, & 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 wee must not think that they were of one blood, but from that neere conjunction which they had each with other being admitted into this societie▪ [...] (every [...] or kindred consisted of thirtie, whence they were named [...]) [...]. Not of affinity so called, but for their Synod; which the Grammarians call [...], a Communica­tiue familiarity, [...] being a participating in one thing, or having an equall share in the same priviledges. Great was their care of each other; great was their mutuall loue; which that it might continue, Solon their Law-giver ordained cer­taine feasts to be provided, wherein they should kindely en­tertaine each other. [...], and [...]. [...] ▪ l. 5 p. [...] [...] Athenaeus. [...], &c. Of feasts celebrated at this day the Law-makers haue appointed Phyletica for Tribes, Demotica for the people or popular, [Page 23] Moreover Thiasos for Colledges (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 giues. saying that wine hath [...], an attractiue and perswading force to procure loue, and friendship.

CAP. VI.

Graecia vicatim habitata. [...] quid? Atheniensibus proprï­um habere [...]. Quot? Templ [...] & sacra pagatim.

ALL Greece was inhabited [...], as Lib. 1▪ Thucydides speakes, by Villages before there were any Townes; from whence comes the word Comoedie. Donat. in Praef. in Te [...] At verò nondum coactis in urbem Atheniensibus, cum Apollini Nomio, id est, Pastorum vicinorum (que) 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 hymnes to Apollo Nomius, that is, the President of the sheep­heards and neighbours, about the villages, houses and crosse waies of Attica, alters being built in honour of the ce­lebrity, sprung up a Comoedie [...] from revelling and singing. Others will haue it derived from an ancient custome 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 Thomas Magister. [...]. Such a one doth wrong, and commits such and such outrages, although there bee Gods and Laws▪ by which, these abuses were reformed. But the Anonymus in a preface to Aristophanes saies [...], that they were not called [...] or villages by the Athenians, but [...] which they tran­slate [Page 24] Populos, better in my minde oppida or Townes. Cicero ad 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) quàm 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: secutus (que) 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 bee we will haue [...] to bee Townes, Sunium as well as Piraeeus is a Towne. These were formerly kingdomes as A [...]icis p. 30 l 42. Pausanias te­stifies. [...]. Moreover I haue writ­ten, that some of the townes were governed by a King be­fore the raigne of Cecrops. And no marvell, for some of them farre surpassed other Cities, as Aristides affirmeth. These In Panath. T. 1 p. 326. were most peculiar to the Athenians, anciently called [...], as Nub pag. 225. c. Aristoph. Schol. or [...], as L. 8. p. 430▪ Pollux, twelue belon­ging to every Tribe. But Clisthenes changed them into [...], as out of Aristotle the Schol. of Aristoph. The number of them is, as In [...]. b. pag. 215. Eustathius out of Strabo, and [...]n Athenae▪ um. l. 6. c. [...]. Casaubon, an hun­dred seaventie foure. Some whereof having the same name are distinguished according to their situations [...] and [...], as we may say the upper and the lower Wakefield, &c. All of them are divided into Greater and Lesser. The Pausan. A [...] pag. 30. [...] or lesse 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 erres calling one the maritimate, the other the inferior, which to be one and the same I haue shewen aboue. Pa [...]bo­tadae. Pergase. Sybridae, Phegus, Anagyrus.

[...]

[...]Angele, 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. Ionidae. Colyttus. Cydantidae. Plothea. Tithras. Phe­gaea. Philaede. Chollidae.

[...]

[...]. Agnus. Erisidae. Hermus or Hermi. Hephestiadae. Thori [...]us. Itea. Ci [...]yana. Sphettus. Cholargus Cholargi Cholargia. Ce­phale. Prospalta.

[...]

[...] [Page 26] [...] 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 townes take away & put to other, Aphydna, Perside, &c.

[...]

[...] 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 [Page 27] make mention of according to their Tribes, others there are, which I know not how to distribute, none of the antients 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 citty 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 Ilands, called Pharmacusae, two in number, & Psyttalia. The Scholiast of In Rani [...] [...] [...]35. Aristophanes speakes as if Io were a Demus, but I say not with him. The greatest use wee haue of these among authors, is in their forme of Law, mat­ters of contracts, and the like, that there might be no fraud or deceite; that none either unjustly be taxed for any thing, or tax an other. Hence read wee such punctuall 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. Dee. 4. l. [...]. p. 12. 13. Livie. Templa pagatim sacrata. And againe. Delubra sibi fuisse, quae quondam pagatim habitantes in parvis illis castellis viis (que) consecrata, ne in unam q [...]idem urbem contributi majores sui deserta reliquerint. So much witnesseth In Atticl [...] p. 77. l. 40. Pausanias; who tels us that they worship­ed some peculiar Deity, and yet neverthelesse did [...], honour Minerva. Some of them had peculiar festivalls, as Brauron the solemnities Brauronea, to Diana. Diomea to Iupiter Diomeus. Chitonea &c.

CAP. VII.

[...]. Atheniensium status mutati [...] [...].

THe ancients had but three sorts of government. Tyran­nis, Democratia Oligarchia as In [...] p. 4. Aeschines, which Polybius cals [...]. 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 Graecians 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 Troian wars, Tyrants or Tyrannos. [...] or a Kingdome, is where obeisance is free, yeelded rather out of a good advice, then for feare or might. [...] an Aristocratie, when most wise and just men are fitly chosen to sit at the▪ Helme of the Weale pub­like. [...] a Democratie, when the Lawes and cu­stomes of the Country in matters belonging both to Gods and men are truly observed, and that rules the rost, 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 [...] 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, Probus in [...]iltiade. Vicons [...]tus, who gets it by violence, Probu [...]d. [...]. 17. Omnes autem & habentur & dicun­tur Tyranni, qui potestate sunt perpetua in ca civitate, quae la­bertate [Page 29] usa est. But all are accounted and called Tyrants, who haue perpetuall authority in that Citie, which formerly hath enioyed liberty. The deprivation of which causing mur­muring and rebellion, brings forth an Aristocratie, or gover­ment of the best men, such as are well brought up, and exerci­sed in vertue. The end of an Aristocratie being, as Pol▪ l. 4▪ Aristotle hath it, Uertue, which of no long continuance doth soone de­generate, Pol [...]. l. [...] [...], naturally encli­ning to an Oligarchie, or rule of few. These few being chosen according to their riches. And because that many in a state cannot be wealthie, therefore the number of them cannot be great. These are great Lords and little Kings, whose power [...]waies all, and not the Lawes; who uniustly favour those that are partially theirs, and oppresse them that would defend their libertie against them. All things being administred Aeschines in [...] [...], by their presidents. Such dominion is ta­ken away by the people set on a rage, and not bearing [...], the iniuries of their rulers. Hence comes in a Democratie, which Sophocles calls [...], the power of a multitude; whose end is freedome; when [...]ll can equally partake of the same priviledges and immunities, who are true citizens: whence T [...]rence stiles it aequam libertatem▪ for which the Greeke Oratours haue properly used the word [...], as In Domest. [...] 59. Vlpian observeth. But the vulgar for the most part strangely insolent, prone to wrong, and ready to trespasse a­gainst the Lawes, bring in by a miserable proceeding, the worst kinde of goverment an Ochlocratie, the rule of Ras [...]ali­tie. All these in their times did Athens feele, for they were governed by Kings foure hundred eightie seaven yeares: the last of which was Codrus, who in a fight between the Dori­ [...]nses and Athenians offered himselfe willingly to be slaine, it being foretold by the Oracle of Apollo that the Dorienses should be conquerours unlesse the Athenian King were kil­led; he therefore clothing himselfe famulari veste n [...] posset ag­nos [...]i, saies Tus [...]. Q. l. [...] Cicero, with a servants habit least he should bee [Page 30] knowne, put himselfe among the enimies, by one of which in a brawle he was murdered. After whom none enioyed the name of King, Iustin▪ l. [...] quod memoriae nominis eius tributum est, which was done in memory to his name. For after that, Archontes or Iudges ruled; in the Title [...], Archontes, but in power Kings, whose authority was for tearme of life. These continu­ed three hundred and fifteene yeares. These being ended, it pleased the State to choose a man, whose office should con­tinue but tenne yeares; seaven succeeded each other, & made up the number of seaventie yeares; who, because they abused their power, were made but for one yeare, called therefore Iustin l 2. annui Magistratus, yearely Magistrates. These continued untill Pisistratus, for a fained feare of the seditious, begged a guard of the people for his safetie. For when the faction sprung up. Of which I haue spo­ken in the fourth Chapter, hee cutting himselfe 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 Heraclides in Pol. thirtie yeares, and deceased, leaving behind him two sonnes, Hippar­chus, and Hippias, whom Heraclides calls Thessalus. Hippar­chus was s [...]aine by Aristogiton, after whose death the Athe­nians lived under a tyranny Herodotus l. 5. p. 135. foure yeares, from which they were delivered by the help of the Lacedaemonians, the of­spring of Al [...]maeon corrupting the Oracle, to the end that whensoever they came for counsell he should wish them to free the Athenians of that servitude. The Democratie came in eight hundred sixtie eight yeares after Cecrops, established by Solon, who excluded the fift ranke of plebeitie from office or honour by a law, afterwards abrogated by Aristides. After this Pericles brought in an Ochlocratie by weakning the power of the Areopagites. Then after the overthrow in Sici­ly [Page 31] the [...] or foure hundred took upon them state, de­ceaving the people, as Pol. l▪ [...]. 57. Aristotle and L [...]. 8. Thucydides affirme. For perswading them that they should reconcile Tissaphernes and Alcibiades unto themselues by that meanes, and that the Persian Monarch would afford supply for the war, they most willingly condescended to this motion in the one and twen­tie yeare of the Peloponnesian warre. These Princes were cal­led [...]lat in Al▪ [...]. p. 148. [...], Fiue thousand, though not exceeding foure hundred. The reason is, because they boasted that none should bee rewarded, but who bare armes; nor any admitted to publique power but fiue thousand, such as with person and estate could be beneficiall to the Repub­lique. Their authority was granted by an Xen. [...] 274. l. [...]8. Act of the people, to which Theramenes was very forward, but after they were inducted none more ready to driue out; whereupon they ter­med him [...] Cothurnum, from a kinde of start-up which did fit both feet. [...]. c Xen. p. 27 [...]. The word may sute with a Iack of both sides. These [...] were constrained for feare of Iustin l. 5. Al [...]ibiades to resigne the right unto the people, and to goe into wilfull banishment. But when Lysander had overcome A [...]hens (the Arist. Pol. l. 5. [...] 7. Lacedemonians ever affecting au Oligarchie, as the Atheni­ans a Democratie) he ordained these thirtie to be chiefe. 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, saies In [...]. Co [...]p. Salust, without triall of law; but afterwards the good and bad alike; Xen. p. 272. some for envie, o­thers for riches. These to make their partie firme chose a­bout three thousand to whom alone they permitted to haue weapons, disarming all the rest, to the end they might easily command their lives. But by their lawes for they made [Page 32] so [...]e, stiled [...] [...] (which were nullified by a decree, as we shall speake hereafter) none was to suffer [...], who was registred in the list of three thousand. So cruell 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 un­till the death of Alexander even fourescore yeares, whom Antipater succeeded; who in battle at the Citie Lamia gaue the Athenians an overthrow; and gaue them quarters on these termes that they should submit to a few Peeres, whose revenues amounted to two thousand Drachm'es at least, the chief of whō was Demetrius Phalereus; that they should like­wise receaue a garrison into Munychia for the asswaging of riots and uproares. But foure yeares after, Antipater dying, the Citie fell into the power of Cassander, of whom they of­ten stroue to acquit themselues. But in vaine▪ For he brought them to such an exigencie, that they were glad to come to composition. And indeed he dealt fairely with them, giving them their Citie. Territories, Tributes, and all other things, so that they would be confederates to him▪ that none, whose revenewes come not to tenne minae or pounds, should under­goe any function in the Common-weale; and hee should bee their overseer whom he would be pleased to nominate. The man appointed was Demetrius Phalareus, Vide Laert. in vita, & Stra bone [...]. who made the Citie to shine in her full lustre, insomuch that they erected in honour of him three hundred Statues. He wrote a Treatise of the Athenian Republique, which had not time devoured, would haue given no small light to my poore endeavours. After he in trouble and vexation had spent foureteene yeares he was put out by Demetrius the sonne of Antigonus surna­med Poliorcetes, who restored the ancient customes to them againe. To him they ascribed such worship, as also to his fa­ther, that they changed the name of their Iudge from Archon into [...]. [...] The Priest of the Gods that saved them, calling the yeare after his name, and adding * two Tribes to [...]. [...] 8. [Page 33] the Tenne; whence the Senate consisted of six hundred▪ but fiue before, as In Beren [...]e. Stephanus, But when Cassander had over­throwne the sonne and father, such was the ingratitude and leviti [...] of the Athenians, that they forbad Demetrius to ap­proach nere their City. After this Lacharis plaid the Tyrant, and was expelled by Demetrius; whom they utterly cast off, assuming againe the title of Archon. Demetrius dying Anti­gonus Gonat as succeeded, who in the nineteenth yeare of his reigne put in presidiarie souldiers to the Citie, which tenne yeares after he tooke out. The Macedonians still kept some of the Athenians forces in this space. Demetrius Antigoni Gon. F. & Antigonus Doson, out of whose hands Plut. in vita. Aratus the Sicy­onian rescued the Citie, and made it stand by it selfe untill Phi [...], the last king of the Macedonian Monarchy except one, did some what shake it, as you may read in Decad. 4. l. 1 Livie. But he was expelle [...]t by the Romans, who tooke the Athonians into league, with a maintaining of their ancient right. So they re­mained untill the warre betweene Mithridates and the Ro­mans. For by feare they were driven to receaue Vide Appi­anum Alex. in Mithridatico, circa pag. 122 123. &c. Archestra­ [...]us▪ Mithridates his Generall, within their walls; against which Sylla laid siege, and captivated the City, whence pro­ceeded [...], a mercilesse slaughter▪ saies Appian, that the Plut. in vita p. 335. streets did runne with blood. But the Lawes were not much altered by this Conquerour; and therefore they li­ved in a neere resemblance of their formet s [...]ate; infavour with the Roman Emperours. Iulius Caesar, Adrian, Antonius, Gallienus, in whose successours time, Claudius, the second of that name, this City was ransacked by the Gothes, who when they had heaped up innumerable companies of hookes to burn [...] were dehorted by this reason, Cedrenus Baptista Eg­natius. Rom. P [...]n. l. 1. that the Greekes, spen­ding their time in reading of [...], might [...] [...] more [...]nfit fo [...] war [...] Constantine the Great likewise had this City in high esteem [...], taking to himselfe the Title of [...], as In Oration [...] Constan [...]um Iulia [...] saies, which in the words of Nicephorus G [...]egoras is Hist. Rom. l. 7. p. 166. [...] ( [...]) the Grand Duke▪ whom simply af­wards [Page 34] they called the Hist. Rom. l. 7 p. 167. Duke of Athens, in that Historians time. Emperours haue taken them wiues citizens of this place; and the [...] daughters of their Dukes haue beene desired by that eminent ranke. And indeed no marvell. For they were potent. Raineri [...]s Acciajolus is said to haue taken the Citie 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 doe homage to the Venetian Se­nate. M▪ Leu­kenor in histo­ry and liues of the Uenetian Princes. Venetians, from whom his sonne recovered it againe. Nerius succeeded him in the Dukedome who thrust out Chal­cocondylas his father. After him came in Antonius Nerius brother to the former Nerius. Now about this time wee must knowe that Mahomet the sonne of Amurat the second got Athens, Chalcocon. l. 9. p. 299. whose beauty and building hee held in admiration; which when he had made his owne, he continued the Title. For another Nerius from those aboue named dying, leaving one sonne an infant, his mother in the childs Title exercised Tyranny. This woman loved a Venetian Noble man (sonne to Petrus, Palmerius, to whose government the Citie Naupli­um was committed, he is called by Chalcocondylas Priamus) who came thither for merchandize. Him by discourse and flattery shee intised into her loue, promising that shee would take him to her husband, and giue up the Princedome of A­thens unto him. But upon condition, that hee would divorce his owne wife. Whereupon the young man going to Venice slew his wife, swelling with ambition and thirstie of honour. Which being done, hee returnes to Athens, marries this wo­man, enioyes the government of the Citie; who being hated of the Athenians, and complained of at the Court, to avoid envy termed himselfe the Childes Tutor. And not long after taking the boy with him, went to the Court; where Francus Acci­ajolus waited, expecting to be promoted to the Dukedome. When the Emperour therefore understood the folly of the woman, he gaue the title to him. Who being enstalled▪ im­prisoned [Page 35] the woman at Megara, and afterwards (by meanes not knowne to the Chalcocon. p. 300. Author) slew her. This Francus in time was taken away from men by Zogan governour of Pe­loponnesus, Mahomet having intelligence that the Athenians would haue delivered the Citie to the Prince of Boeo­tia. Hee was the last Duke.

LIBER SECVNDVS.

CAP. I.

Duodecim Dii Atheniensium Idololatria septifariam commis­sa. Dii Adscriptitii. [...].

HErodotus in Pag. 48. Terpsichore is of opinion that the Greekes derived their religion from the Ae­gyptians. But In Tractu [...]. p. [...] [...]9. Plutarch doth stoutly deny it. And not without good testimonie may I affirme that it seemes to bee a falsitie. For Orpheus is thought to haue brought the mysteries of piety into Greece; who was himself a Thracian, from whom the word Sch. Eurip. in Alcest. pag. 66 1. [...] is supposed to be drawne, which signifies devotion. [...], saies [...]. in [...]. 1. Nonnus. They called [...], to worship God, &c. Ap­positely to which Pag. 2 [...]. Aristophanes [...].

[...].

Orpheus shewed us sacrifices and to abstaine from slaughter. Ne­ther is [...] ▪ 281. Euripides disagreeing in Rheso.

[...]
[...]

Orpheus revealed the hidden my­steries. Herodotus names not the Gods, the worship of Whō the Greekes might borrow from the Aegyptians; Twelue in [Page 37] number they were, quoth he, but these only are reckoned. Iu­piter. Bacchus. Hercules. Apollo. Mars. Pan. Diana. Isis or Ceres. Sais or Minerva. Latona. as I haue gathered, which all at once to haue beene made knowne to the Greekes, and that by the Aegyptians is too hard a taske for me to proue. The Athenians I am sure had twelue Gods in especiall ho­nour, whose Paus. Attic. p. 3. l. 18. pictures they had drawne out in a Gallery in Ceramicus; and had an Altar erected, called Plut. in Ni­ [...]a. pag. 387. l. 26. [...], on which a little before the Sicilian war, a man dis­membred himselfe with a stone; which was accounted pro­digious. By these twelue would they sweare in common dis­course. Aristoph. Equ. p. 300. A. [...]. The heathens thinking that they did honour those Gods, by whom they sware; as I haue else­where spoken. But they were not confined to so small a num­ber as twelue. For how could it be, when they ran through the seaven sorts of Idolatrie? First worshipping the Sunne, & 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, &c. For Clemens Alexandrinus inter­prets [...], Ceres, [...], corne or food. Thirdly the poeti­call Gods. Furies, and revengers of wickednesse, as Alastores. Palamnaei. Fourthly, the Passions, as Loue, Pittie. Iniurie like­wise and Impudence, to whom Epimenides built an Altar at Athens. Fiftly the accidents of grouth and nourishment, hence Auxo, and Thallo two deities, [...], to increase, and [...] to flourish; to which may be put Clotho, Lachesis, and Atropos, the three fatall sisters, and [...], Necessitie, taken sometime for death it selfe. 6 ly, the Theogonie or pedigree of their Gods, able to makeup the summe of which Homer speakes. [...], &c. Three thousand. Seaventhly an ig­norance of the providence and bountie of God toward them, fained Hercules the repeller of evill, and Aesculapius the God of Physick. And if this serue not, I can adde an eighth way, namely hospitality and good entertainment of strange Gods. [...] [Page 38] [...]. saies Pag. 471 Strabo. as the Athenians loue forrai­ners, so forraine Gods. [...], &c. In Panath. T [...] ▪ 1. p. 1 [...]. Aristides. For they serue not only the most anci­ent Deities, in a peculiar manner aboue all their followers, but haue assumed adventitious ones; such as Strab. p. 587 Orthane, Conis­salus, and Tychon. So prone were they to conceaue superstiti­on, that when Act. Apost. [...]. [...]7. v. 18. Paul preached Iesus and the resurrection of the dead; they forthwith deemed Anastasin, or resurrection to be a God. And least they should omit any, they erected Altare to the unknowne Gods, of which In Attic. p. 1 l. 35. Pausanias. Neither may we doubt of it, the scripture bearing witnesse. The cause of this they say to be a fearefull vision appearing to Philippides, sent Ambassador to the Lacedaemonians concerning aid against the Persians, and complaining that he ( 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 UNKNOWNE 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 haue sent the disease, whereupon they set up this Altar, on which was written [...]. TO THE GODS OF ASIA, EUROPE, AND AFKICA, TO THE UNKNOWNE AND STRANGE GOD. As Iustin 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.

Iupiter [...] Mo­dii salis edendi, Tessera hospitalis seu Symbolum. Apollo [...]. Poean, & eiusdem verbi origo. Mercurius [...]

ABoue other of their Gods Iupiter was had in high e­steeme. And that commanded by the Oracle. For when the Athenians were bidden to dissolue their kingdomes, they were charged to make choice of Iupiter, Sch. Aristop. p 122. [...]. And so by In Nubibus Aristophanes he is called [...]. Him they worshipped as President of Law and Iustice, under the name of Iupiter Dem. in Mid. p. 251. Nemius (different from that of Corinth named [...]) Him as God of supplicants, hence Vlpian in Dem. p. 273. Paus. p. 18. l. 40. Who thinkes Sylla to bee eaten with lice by [...] iudgement▪ that slew Ari­ [...]on suppli­a [...]tly flying to the Temple of Minerva. [...], Him as Protector of Cities, hence [...]. Him as Governour and director of their counsells, hence [...]. Him as chiefe of their Societies, hence [...], and of their friendship too, hence [...] and of kindred likewise, hence [...]. To him they a­scribed Thunder, henc Aristoph. A. v [...]b. p. 626. [...], as much as comming downe in thunder. To him they thankfully acknowledged their delivery from the Persians, wrought by Themistocles, hence Plut. & Paus. [...]. Him they confessed the greatest of all, hence 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 Iupiter Hercêus, f [...]om [...] a wall, as if hee were the watch and defender of the house. Phavorinus. [...]. There was also an Altar to him before the gates, of which Metamorph Ovid.—Ante aedes stabat Iovis Hospitis ara, hence Iupiter Xenius, as if he were the God of strangers and hospitality. So solemne were they in their entertainements, [Page 40] that they would not receaue a stranger without great cere­monies, such as giving of the right hand each to other Eustath. in [...] [...], a most certaine signe of fidelitie, 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 [...]. [...], &c. where is the salt? And yet it may bee thought to be said of the communitie of the table Tzetzes in [...]oph p. 28. [...], customes shewing that fellow commoners, and such as feed of the same table must not iniure one another, to which the old saying may well a­gree, [...]. de A­ [...]. Eu­ [...] sa [...]es [...] it ceto­ [...] loue per­manent. For [...] preseru [...]s [...] as it is [...]de of many lettings 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 soone established. But I take [...]alt▪ of the lustration, to which also they added fire, as you may see in In Acha [...]. p 414. vide [...]. Aristopha­nes. Neither was this all, for they sacrificed moreover, calling Iupiter to witnesse, and using these words in the time of sacri­fice. Eustath in [...]. [...]. Let my trespasse be against Iupiter Xenius, if I offend, contemne, 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 partie keeping one peece the other party the other halfe, that when occasion or necessitie should make either of them stand in need of other▪ E [...]rip. S [...]h. p. 44 [...] [...], bringing with them their halfe h [...]kle bone they might re [...] new their hospitality. This they call [...] Symbolum a to­ken▪ which sometimes they would send to their acquain­tance in others behalfe, as Iason in Euripides offers to Medea to doe. [...] And to send a Symbolum or token to strangers that shall courteously enter­taine you. But of this enough, as also of Iupiter, whom cele­brated in As [...]. [...] [...]. [...] &c. other Epithites I knowe by the Athenians. Apollo was next in request to Iupiter, invocated in danger or sudden events, hence [...]. [...] p▪ [...]. [...], from [...], to turne away, as if [Page 41] he should deliver them from eminent evill, for which reason he is called Alexica [...]us. Macrob. Sat. p. 253. Apollinem aspellentem mala intelli­gas, quem Athenienses [...] appellant. He was one of the first Gods they had, hence is he termed A [...]stopli. N [...]b. p. 20 [...]. [...], but A [...]stop▪ S [...]h. p. 611. g. others thinke because he was the father of Ion. 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 waies Macrob. Sat. 1. c. 9. Illi enim vias, quae intrapomaeria sunt▪ [...]. This A­gyeus was a sharp pillar. Schol. Eurip Phae. p. 322. [...]. Al­though the Greekes, as Sat. 1. c. 9. Macrobius saies, did worship him as [...], exitus & introitus potentem, one that kept the dores of their houses, yet I finde no monument of that Title in Pausanias. Famous he was for the name of Paean, of which though I haue taken occasion to speake elsewhere, yet this is a most proper place. I will not trouble you with the triviall derivations of the Greekes, which you read in In sin. lib. 14. Dip. Athenaeus. When the Atbenians asked helpe of the Oracle at Delphos against the Amazons, in the daies of Theseus, The God bid them implore his succour in these words [...]. 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. Nam (que) inituros bellum iussit his ipsis verbis semetip­sum auxiliatorem invo [...]ari, hortari (que). I doubt not but the words are changed somewhat, especially if wee consider the ancient Io Paean. Paean saies the In Pl [...]t. pag. 68. Scholiast of Aristophanes is a song or hymne praying for the ceasing of a plague, or war, nay for the preventing of apparent hurt The originall of Io Graec. Trag Scaliger hath already found, Iao, and Io being contracted by the Greekes for Iehova; Paean then come▪ from [...] to look, so that Io Paean is in force Iehova Penoh LORD LOOKE UPON US▪ [...] being a craft of the Divell to come as neere as possibly he may to God, so to bereaue him of his deare ho­nour, if he could. The remnants of these words the Vide Sir Fr. Drake. Symerons [Page 42] a people of the West Indies use, who in their fighting 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 soone grow rich, wherefore this God is termed A [...]stop. [...] ▪ p. 2 [...]0. [...], Uery profitable, from [...], an augmenting word, and [...] to profit. Hee 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 [...]aus. p. 20. l 35. [...], as like­wise [...] from [...], to turne, because he was set up be­hinde the dore to keep away theeues, that were wont to lurk thereabout, and then afterward commit their villanie. More of his names you may read in [...]. 1 [...] Aristoph. Schol.

CAP. III.

De Saturno, Vulcano, Neptuno, Marte, Hercule. [...].

S [...]urne was worshipped by the Athenians, witnesse the feasts kept in honour to him called [...]; witnesse a [...] p. [...] [...]. Tē ­ple which he had in Athens. Of his antiquitie I cannot much affirme any thing. He seemes to haue beene of old, as I con­jecture out of [...] p [...] [...]. [...], Saturninae animae, put for dotage proverbially. Vulcan likewise had his honour there, and a Temple, of which [...] 3 [...]. n. 2 [...] Demosthenes; where was one of the A­thenian prisons; some controversies in law in it decided, as I gather out of [...] Demosthenes. Neptune was an ancient Pa­tron of this Citie, which he loved even to strife. He was fea­red for securitie in navigation, hence [...] [...]. A [...]stop. p. Mars also had his worship, and Temple, and Hercules too, who in a dreame appeared to Sophocles, revealing unto him the sacri­ledge Paus. p. [...]. l. [...]7. of one who had stolen a golden cup out of his Tem­ple▪ called therefore Mn [...] or Index Hrrcules, as De divinati­ [...] [...] Tully. [Page 43] Neither were they contented with such a quantitie, but ca­nonized more daily, as the sonnes of Tynd [...] us, Castor and Pollux, naming them [...] Plut. Thes. [...] [...]. 25. [...]. For they who haue a care & watch of any thing doe diligent­ly obserue it [...]. For which Kings perhaps are called [...], as keepers of their people. In Hipp [...]l. p. 5 [...]. The Scholiast of Euripi­des teaches us that [...] properly signifieth a Saviour. So Pan is said to bee [...], the Tutelar God of Cyllene. And Apollo in [...]. [...]. Homer. [...]. The word is simply put for God in [...]n A [...]. pag. [...] [...]. Aristophanes, [...] 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 [...] [...] [...] [...]. Me­ursius) made of Men, as Silanion and Paerrha [...]ius that made the statue of [...] [...] [...] [...] Tho [...]us.

CAP. IV.

De Minerva, C [...]rere & Proserpina, Ba [...]. Venere. [...] ▪ dibus, Hecate, Iu [...]ne, Promethe [...], &c.

Minerva the especiall deitie of the Athenians, had the Festivals called Panathenaea, of which you may fully read in [...] [...] Meursius. Next to her Ceres and Proserpina, whose rites longe maximis & occultissimis ceraemoniis continentur▪ In Verrem. [...] saies Cicero▪ were greatest and most hidden: therefore cal­led mysteria from [...] [...] [...]. [...], to hide; [...] [...] [...]. death and a curse lying on him who should disclose those abominable secrets. See Meursius in his Cap. 7. Eleusinia▪ of the initiation into these stews. They were of two sorts. Austop. S [...]h. p 85. Greater to Ceres, lesse to Proser­pina. Bacchus also the sonne of Ceres had his Temple allotted and a double tide holy to him. Dionysia Aust. p. 222. parva and Idem. p. 123 Magna. Venus had her honour, and sacrifice in which they offered to her Clem. Alex. p. 19. money the price of an whore Vide Aesch. [...] Eumen, & S [...]h. Soph [...] O [...]d Col▪ Eumenides were first a­dored [Page 44] by Orestes after he escaped the Iudgement at Athens in Areopagus for killing his mother Clytemnestra. These by In Theogo [...]. Hesiod are called Erinnyes, by the Athenians [...], the venerable Goddesses. To these they offered drinke offerings, l Paus. p. 27. l. 3. without wine though at mid-night, a custome peculiar to them alone, as In Eumen▪ p. 275. Aeschylus witnesseth, though I am not igno­rant that Aristop. p. 228. Bacchus his feasts were kept in the night, whence he is called Nyctelius. But the Tragoedian.

Loco [...]tato.
[...]
[...].

Scholiast: [...]. By In O [...]dipo▪ Col. p. 271. So­phocles the manner of oblation is set downe. First having cleane hands and pure, the worshipper ought to draw out of a running fountaine water, and having filled three cups with water and honey (hence termed Aeschylus [...] praed. [...]) the mouthes and eares of which are to be covered with the wooll of a young sheep, turning himselfe towards the East, he pow­red out some of two of them▪ but the third wholy; then with both hands setting thrice nine branches of Oliue on the place where he cast his [...], hee uttered his conceaved supplicati­ons. Other sacrisices they had as shall bee shortly spoken. Vide Interp. Hor [...]n illud Diva trifor mis. Hecate was worshipped by them in triviis, where three waies met, supposed to bee the Moone in heaven, Diana on earth, and Hecate below. Aristop. Sch. p. [...]3. To her the richer sort every new Moone made a feast in the crosse waies, setting bread and o­ther provision▪ which the poore greedily fed on▪ and were so ravenous after, that Pag 64. Penia in Aristophanes complaines, that they snatcht it, before it could be laid downe. Reference to this hath [...], to eat the cates of Hecate, in In Orat. [...] p. 693 [...]. 59 De­mosthenes, which he seemes to obiect, as a sordid or wicked thing, Indeed [...], which signifies one that privily ta­keth away any of the sacrifices from the Altar, imports some­times impious, [...]. Schol. In Nubes p. 176. Aristoph. And yet the same Scholiast tells us that the needy sustained themselues by the sacrifices. In Plut. 63. [...]. Iunoes rites [Page 45] were performed in great pomp with haire over their shoul­ders and downe the back, in a vesture that swept the ground, their armes bedecked with glorious bracelets, their paces so minced, that Vide Schot­tum in Pro­verb. Isaacum Casaub. in Athen. l. 12. c. 5. p. 38 [...]. [...], Iunonium incedere is to goe state­ly. Prometheus was worshipped in a kinde of Torch-dance, or running with linkes or lamps, it may bee in memoriall of the fire, which superstitiously they beleeved him to haue stolne out of heaven. To say more of their Gods were needlesse ei­ther for you to read, or me to write. More they had, among whom Pan was of a latter making, introducted by 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 dores erected statues which they called Vide H [...]sy­chium & Di­onysium Pe­tavium in The mistium. [...], because they were exposed to the Sunne. Neither had they these alone, but certaine others sacred to Mercury, named from Hermes Hermae▪ Mercurial [...]. The fashion of them was divers. For first they were not [...], porrecto veretro, but made after to that forme by the Athenians, who receaved it from the Pelasgi, as In Euterpe. p 48. Herodotus. Neither did they want legges, untill the Athenians made thē [...], according to In Attici [...] p. 22. l. 14. Pausanias. The manner was this. A face of Mercury set upon a pillar of foure corners. The head on­ly and neck were shapen, and therefore it was called truncus Hermes, S [...]t. 8. v. 52. Iuvenal,

Nil nisi Cecropides, trunco (que) simillimus Hermae.
Nullo quippe alio vincis discrimine, quam quod
Illi marmoreum caput est, tua vivit imago.

For which reason likewise the Greekes name them Vide Vip [...] ­an. in Dem. p. 3 [...]2. & G. Langbame [...] Notis ad Longinum. [...]. [...], without limbs. On the lower part of them were certaine ver­ses engraven, containing the praises of some well deserving [Page 46] men; but the Hermae on which they wrote the exploits of those that had merited, seeme to me to haue beene set up in that gallery, which from the number of these images was commonly knowne by [...] the gallery of Mercurials. At the consecration of these they used some ceremonies, and sacrificed alkinde of gruell, 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. Pag. 693. Aristophanes. [...]Schol. [...]. in Pace. Now to the erecting of their Images it will not beunseasonable to adde something of the forme of their Gods; whom they made standing with their hands upward, as if they were more willing to receaue then bestow any thing. To which [...] [...]. 4 [...]. Aristophanes alludes, saying,— [...] Even the Gods you shall knowe by their hands and statues. For when we pray them to giue us some good thing, they stand with their hands upward, as if they would send downe nothing, but rather take oblation. To tel you likewise that these Idols were clothed, is no news doubtlesse to one meanely versed in the Greeke antiquities. To say that they weare shooes too, is probable, whence they are named Di [...] Phaecasiani, from [...], a kind of low shooes which the Athenians called [...], from [...], dust, and [...], the foot, because they were neare the ground. [...] saies [...] 2▪ 11. p. 1 [...]. Clemens Alexandrinus. But more sure I am that they were pictured with them on their [...]r. S [...]t. [...]. v▪ [...] Iuvenal.

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 Donat. [...] Ter. p. 6 [...]. a wor­shipping of the Gods too much, yet under it these follies are comprehended. Purification after fearefull dreames, in 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 Aristop. Pl. p. 8 [...]. [...]. [...]. I [...]noph. [...] p. 49. Spitting into their bosomes thrice at the sight of a mad man, or one troubled with an Epilepsie. Of which also Theocritus, [...]. I knowe not whether the custome of our sillie people haue reference to this foppery▪ who use to spit at the naming of the Divell. Certaine it is that anciently they did spit in defiance, hence [...] is put for [...] and [...] to contemne or set little by, as the [...]. Scholi­ast of Sophocles on these words, [...] Wash­ing with water the head as often as hee shall goe into the streets [...]; Charact. Theophrastus. Anointing of stones, divers it seemes from those heaps sacred to Mercury, termed [...]. This hath beene of old. Done indeed as a token of thankfulnesse by Gen▪ [...]8. [...]8. Iacob in Bethel, where hee tooke the stone that he put for his pillowes, and set it up, and powred oyle on the top of it, in his iourney to Padan Aram. Hennes crow­ing, the bold entrance of a black dog into their houses, Ser­pents seene [...], saies Theophrastus, of which 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 [...]. Theoph. Cator Weesel (the word signifieth both) crossing his way, the Mouse eating his salt bag. Not unlike them now adaies, whose clothes the Rats or Mice shall chance to eat, deemed not long after like to liue by our ignorant, or that hee shall haue great ill betide [Page 48] him. Adde the avoiding of obsequies for feare of pollution. Antiquity was of opinion that sacred persons were defiled with the sight of the dead, as Chemnitius hath observed, and [...] Euripides brings in Diana speaking that it is not lawfull for her to behold dying Hippolytus. Nay the standing upon a graue was a great religion; [...]. Furthermore observing of daies good & bad, of which [...] Hesiod, [...], that one is a stepdame, another a mother. [...]. [...]. Amazement at the Eclipse of the Sunne, as also the [...]Line Moone; not knowing the reason, why shee did loose her light, at that time, when shee was in her full lustre. Buying of Medicines or enchan­ted stones for the quicker delivery in child-birth, in Aristo­phanes. [...]. Of the vertue I speake nought. Lib 4. c. 11. Boemus relates that in Darien in America the women eat an hearb when they are great with child which makes them to bring forth without paine. Ioine to this the sneezing over the right shoulder, or the rightside, [...] [...] [...] l. 2 3. [...]. Obser­vation of [...], or sudden stormes, as the In A [...]h. p. 37 [...]. & p. 4 24 Sch. of Aristo­phanes interprets it, snow, haile, or the like. [...] Cutting off their haire, and sacrificing it to rivers, as Cephissus, Marking the flight of the owle, whence came the proverb, [...] [...], The Owle hath fled. And [...] for good lucke▪ The Owle being a token of victory to the Athenians. Zenobius. [...]. They ever accounting it so since the warre at Salamis, where the Greekes seeing an Owle tooke courage and beat the Barbari­ans. Appendix Uaticana. [...]. Other madnesse of theirs was slee­ping in the Aristop. pp. 44. 66. T. 438 Temple of Aesculapius, who were ill at ease, supposing the deity to giue, or shew them a remedy, Petronius. for which in gratulation they were wont to offer him a cock. If I mistake not. What shall I say of [...]lian. [...]. l. 5. c. 1 [...]. putting him to death who should cut downe an Oake or an Holme (so Ilex which in Greek is [...] may be taken, I thinke it an Holme) in the Heroum; And punishing Atarbes capitally who being distra­cted [Page 49] had slaine a sparrow sacred to Aesculapius? Thus farre haue we gone. Let us proceed to their vaticinations or pro­phecyings. 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 [...]. mi [...]o. Xenophon. [...], the interpretation of dreames, is a resolution of those doubts which we conceaue of things offered to our fancie in sleepe, as that of Hecuba dreaming that she should bring forth a firebrand; and that of Atossa before the fall of her sonne Xerxes, whom shee saw striving to yoke the Barbarian and Greeke woman, one of which overthrew him. This the ancients tearmed [...], Aeschylus, ascribing much to the truth of them, suppo­sing them to be sent from a Deitie— [...]. Iliad. 1. Homer. The skill in them is [...], c A schy. Pro. p. 33. [...] ( [...]) to truly tell the event. Which was no small art, certaine bookes written of that subiect. Eust. in Il. a p. 36. [...] as Artemidorus his Onirocritica. [...], Soothsaying by birds when such or such flie either before or behinde him, at the right or left hand, to shew what it doth prognosticate. Pag. 33. Aeschylus. [...]. It was formerly stiled [...]. T. 3. p. 25. [...] which the minde doth suggest to the opinion. It is put for a­ny divination in Greek writers, but most properly [...] which Nonnus [...]. l. 5. [...]. Telegonus is related to haue found according to Nonnus, but according to Nat. hist. l 7 c. 56. Plinie, Car, whence it is called Caria. [...], looking into the Liver or entrals, like the Latines extispicium, observing the colour of them, Aesch. loco [...]. [...]; as likewise the soundnesse, hence taken as a prodigie [...], in Pag. 357. [...]. Plutarch, the extremitie of the liver (like the outmost parts of the vine leafe, saies I [...]i­dor) not to be seene, or rather that which they call the head, [Page 50] Ovid, caesum (que) caput reperitur in extis. [...], in marking the flame of the sacrifice burnt, Aesch. loco citato. [...], the Tragoedian calls them, by which they could foretell events. More doubt­lesse had they waies of witchcraft, as the other Greeks. [...], as when one shall meet you carrying such or such things, then this shall befall you, Aeschylus termes them [...] Sch. [...]. See Scaliger in Tibullum, on these words Puer è triviis. The Scholiast of In Au. p. [...]74 Aristophanes on [...], They made, quoth hee, whom they met first as it were tokens of good hap. Whence it may be came up the sa­lutation, which In Oed. [...] Sopho [...]les calls [...], wish­ing luck, as [...] among the Greeks, and the Latines Ov [...]d. Fast. Est o bo­nis avibus visus &c. [...] is put likewise for sneesing, or the conjecturing at them. Sternutament [...]m being accounted a Deitie by the Romans, but sacred to Sch. Aristop. loco citato. Ceres, as the Greeks, whence proceeded that [...], which wee imitate in our God help you, as often as we see any man so purging his head. Which not to haue 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 oyle cruse is dry, honey, wine, water is spent, to guesse at future things. Of this Nonnus in Na [...]. Xenocrates wrote. [...], Palmistrie, when by the length of the hand, or lines of the table, they can judge of freenesse in housekeeping, of ma­riage & posterity, of which 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 kinde 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 Divell spake. The first that pra­ctised this among the Athenians was Eurycles, hence they who are possessed with this spirit of prophecying are called [...]. Euryclitae as the In V [...]sp▪ [...] [...]. Schol. of Aristoph. who calls this ar [...] [...]. p. 502. [...], the divining of Eurycles. [...], where after solemne sacrifices they were wont to call up the [Page 51] soules of the deceased, demanding of them what afterward should befall. As De Mag [...]s Inf. l. 2. c. 11. Wierus. And no wonder, for they held the spirits of their parents and kinred for Gods, quibus sacri­ficabant k Daemono­mamae l. 2. c 3 (sai [...]s Bodin) & ad quorum sepulchra comedebant, in quos scriptura invehens ac detestans, inquit, & comederunt sa­crificia mortuorum, to which they sacrificed, and at whose se­pulchers they fed, against whom the Scripture in veighing & detesting speaketh, And they ate the oblations of the dead. Of this In Avib. P 613. a. Aristophanes makes mention, & Lib. [...]. Homer in his Odysses. This is that which most properly is called [...] from [...] lamentation, by Wierus termed dirae execrationes, Nonn in Naz. for with great mourning they invocated [...], wicked Gods for the accomplishment of their divelish designes. It may most fitly haue the name of Nigra Magia, Vide Bodin. for so the Wisards divide them into the black and white Magick. [...], from whence the word Magick is derived seemes to haue beene found by the Vide Non. Medes & Persians, whose Priests were called Magi, great Philosophers as In Prooem. Laertius is wit­nesse. This is supposed to be the good Magick. Nonnus. [...], is a giving of philtrum, a medicine for the procurement of loue, or rather enraging of lust, by bewitching something and gi­ving it to be eaten; which to haue power over swine is cre­dibly reported. [...] Tricks with a paire of sheeres and siue, of which Theocritus. Vide Odyl [...] To take coun­cell of an hatchet, taking it & laying it on a peece 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 aske the number of wiues, children, farmes, &c. which answere to the quantitie of the chance. Vide Theo­crit. in Phar. [...] & [...] done by corne, 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 iudge the conquest, As they said of Hectors being overcome by Achilles. [...], making a circle they divided it into foure and twenty parts, [Page 52] 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 graine, they at last ioyned them toge­ther, and so knew their successors, husbands, &c. [...], 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 speakes of the arrivall of Achilles within three dayes at Thes­saly. Wie [...] ▪ de Ma­g [...] ▪ Inf. l. 2. c. 1 [...] Ft quoniam poemata pro vaticiniis, &c. and because po­ems were accounted prophecies, as Poets prophets, they were most busie in them. Hence in publique 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 Sortes Del­phicae, for fore-telling or divination. Vide Sch. A [...]st. in Plut. I know the shee Priest of Apollo being inspired with akinde of holy fury spake to those who asked counsaile. Whence the word Aristid. T. 3. pag. 25. [...] at this time read for Soothsaying, was anciently called [...] mad­nesse. And yet that their cunning men had a kinde of lottery, is as cleere as day, the In Hippol. p. 580. Scholiast of Euripides testifying; done it seemes in matters of questiō, so [...] may intimate as much as to undergoe triall. Predictions there were, In Il. a. p. 36. saith Eustath, out of signes and wonders, as also of the noise that leaues make when they are burned. To which some adde [...] or divination by the ayre, 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 Demi-gods most properly [...]. But the word is promiscuously used by the Tragoedians. Clemens Alexandrinus is of opinion that the [Page 53] first originall of their Temples was the erecting of an edifice to the honour of the deceased. V [...]de p. [...]. [...]. Cecrops buried in the Acropolis, Ericthonius in the Temple of Miner­va Polias, the daughters of Celeus in Eleusiis, &c. They were divided into two parts, the sacred and prophane, this called [...], the other [...]. In Theop. Charact. Casaubon telsus that [...] was that holy water set at the dore of the Temple, with which every one that entered into the Temple besprinkled himselfe, or was besprinkled by those that sacrificed; of which in the next Chapter. But others haue written that it stood at the entrance of the Adytum, into which it was not lawfull for any but the Priests to come. The In Ded. [...]y­rannum. Schol. of Sopho­cles thus describes the Church. [...], quoth hee, 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, Protreptico p. 23. [...] Clemens Alexandrinus calls it, as that of Iuno Samia, after­ward made in the magistracie of Procles to be a statue. At first named▪ Idem. [...], from the shaving of it; but when art began to bee so expert as to make it resemble a man, they termed it [...], from [...] mortal is, whose shape it bare At the setting up thereof they used these ceremonies: That a woman neatly trimmed and deckt in a purple vesture, should bring on her head a pot of sodden pulse, as beanes, pease, and the like, which they sacrificed in thankfulnesse for their first food, Schol. Arist. p. 115. [...]. For as much as I conceaue 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 bee gathered, their gesture towards it. Lib. 1. c. 1. [...]. [...], &c. Furthermore belonging to their Temples there was a kinde of Vestry, in Greek [...] by some tran­slated summum templum, as if it were at the upper end. This seemes to haue beene a Treasurie both for the Church, and [Page 54] any soever, who fearing the security of his wealth would commit it to the custody of the Priest, as Laertius in vita. p. 122. vide ad [...]um locum Cas. Xenophon is repor­ted to haue done at the Temple of Diana in Ephesus. Marti­al points at this when he saies,

Templa vel ar [...]ano demens spoliaverat auro.

So reverently did they esteem of these houses of their Gods, that to doe those offices of nature, I meane venting of excre­ments too shamelesly seene among us, in the Church-yards, as I may call them, was an abomination; punished severely by Pisistratus. For when he had taken tribute of all that the At­tick 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 saue at last one stranger, whom hee caused to bee whipt, with this proclamation, THAT BECAVSE HEE CONTEMNED THE EDICT HE SHOVLD DIE. Hence to a man that soundly smarted for his wickednesse, they were wont pro­verbially to say, Hee had better haue eased himselfe in the Py­theum, or if there were more, in the plurall number. [...]. Nay so honourable held they these Churches that to them they granted priviledge of San­ctuary, to which who should fly, might not from thence bee drawne out under a trespasse upon religion. Of this kinde was the Temple of Minerva, and Theseus, the Altars of the Eumenides, and Mercy, V [...]d Ros [...]n. whose, image they would not haue erected any where in their City, although in the midst thereof shee had a Groue. Polyd. Virg. in Eurip. they are pres [...]nted setting [...]eere the Attar. T. [...]. p 472. The first Asylum among the Heathens is held to haue beene in Athens, built by the He­raclide▪

CAP. VIII.

De Sacerdotiis.

OF holy orders among them I conceaue to haue been di­vers sorts, [...], Parasiti, a word had in latter times in great dirision, exagitated almost in every Comoedie, put for a shark or smel▪ seast, Terent. Edax Parasitus. But held once in good esteeme. For when they had set aside such a parcell of [...]and as they thought the revenewes thereof would suffice for the sa­crifices of such and such Gods, they chose certaine men who should receaue 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 publique sacrifices defraied. Hence [...] Introitus magni, great yearely substance, is used for great sacrifice in Avib. p. 581 Aristophanes. Scholiast. [...]. Ceryces, the same signifies a crioe, but in sacred functions a Minister, who slew and offered the victim. Apud Ath. l. 14. p. 661. Anthenio the Comoedian ascribes much honour to them, as if they had first taught men to seeth victuals, the flesh of sheep and oxen, while before they devoured each o­ther raw. They take their name from Vide Salm. [...]n Inscrip [...]. Pollucem. l. 8 Ceryx the sonne of Mercury and Pandrosus. But In Athen. lib. 15. c. 23. Casaubon, [...]. A praestantiore partemu [...]eris quod obibant, sic dicti. Idem nam (que) & hostias mactabant, adolebant (que), &c. They in the time of di­vine rites craved the silence of the people in these words, [...]. Be whist all yee people. Good words, for so 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 custome he unfitly looked who derived the M [...]sse from M [...]ssa est, ite, better fetcht in my minde by In lib. quem [...] sc [...]psit de Sa­crament. Wechelius from Mas [...]h the Hebrew which availes as much as to praise, [...], the [Page 56] same with M [...]ursius E­ [...]. 13 [...]), who intiated them who desired to bee admitted into the societie of the superstitiously zealous (who after they were entered, were not under a yeare compleat, permitted to see their Bable) In Stel. 1. p. 63. Schol. Naz. [...]. Hierophantae so called from [...]. o­pening the holy things. [...]. L. Mounta [...]. of Ch [...]chester The learned Bi­shop, upon that place of Nazianzen, notes that Moses among the Israelites was an Hierophanta, shewing 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, tenne in number. [...] whom In Alexaph. p. 14 [...]. Nicander calls [...] from Aristop. S [...]. p. 125. [...]. to bee decent, because they kept the Temples cleane, and swept them as Ion in T. 2. [...]. 62 1. Euripides speakes. These were the [...], whose charge it was to preserue that which was sound in the Church, and to see that repaired which went to ruine, saies 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 bee resto­red againe. [...] in In Plut. p. [...]1 Aristophanes likewise termed [...]. These are the Priests ever waiting on the Gods, [...]. [...]n Theoph. whose prai­ers the ancient required at their sacrifices; out of which they had a fee, [...] p. 481. the trotters and skinnes, as the [...]. 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 stomack did share. Well known to 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 winde and limb, they being asked [...] before their creation, whether they were whole in every member: which ceremonie to haue beene used among holy orders of latter daies is well knowne, their [Page 57] neighbonrs wiues bearing record, sayes In Aristoph. Christian [...], that they haue not taken into their societies quid mutilum. There were moreover shee Priests as the [...], in Demosthenes, and the [...] whom in all things Antiq. l. 2. n. 3. Dionysius Halicarnas­seus compared to the vestall Nunnes.

CAP. IX.

De Sacrificiis.

THE father of Philosophie 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 iol­litie. In which they offered their first fruits called [...], from whence [...] is read generally to doe any sacrifice. Neither doth [...] import lesse, For 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 Attick obla­tions, even to Draco, were nothing else but the earths benefi­cence, but before Solons age, burnt offering; who willed in his lawes, that they should be [...], chosen and selected d Plut p. 65. l. 26. they cal­led their lea [...]e sacrifices [...]. hornes & haire, [...] if naught else, Arist. p. 584. sacrifices. The rites performed in them were not different from those in the daies of Homer, but somewhat reformed. It behoved them that would take in hand these holy things to purifie themselues some certaine daies before, Demosth. pp. 400. 476. [...], the number of them is not set downe. I take [...] here to abstaine from carnall delights, Tibull. -Disce­dite ab aris Quo [...] tulit hesterna gaudia nocte Venus) To which purpose Theano being asked when it might be lawfull for a woman, from the company of a man to goe to sacrifice; answe­red, from her owne 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 [Page 58] with flower and salt, in In pace. p. 695. Aristophanes [...], in [...]. with these [...] the greeks ever beganne sacrifice, the Romans Far. Dionys. H [...]he l. 2. n. 4. Homer [...]) with which they cut the throat of the victime. Then they purified the Altar going about it with the right hand towards it. Loco laud. Aristophanes. [...]. This lu­stration was made with meale & holy water sprinkled there­on. This water is called 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 kinde of clensing. (Hence Sophocles O [...]d. Tyr. [...] was forbidden him whom they took for a pol­luted and for lorne rogue.) Then they cast some of the flower on them. And having thus expiated, they cried out Aristoph. p. [...]; Who is here, to which they made reply, [...]. Many and good. Then they praied. [...] Homer. [...]. Among the latter they spake with a loud voice [...], before they began. Let vs pray. Supplications ended they drew the victime so as (if it were to the Gods aboue) the head might looke upwards, which [...]. Homer, [...]. Eust. [...]. If it were to the Heroes or Demi-gods, with his throat downewards. Then they slew him & skinned him, & cutting out the [...]. huck shin­bones and hanch, they covered them with fat, which is called [...] (hence the Gods of the heathen are deciphered by In Stel. Nazianzen, [...], reioycing in the fat) to the ende that they might burne all out in a great flame. Eustath. p. 101. [...] [...]. For the Grecians accounted it unluckie if it did not so consume, and thought that it was not [...]: upon the [...] they cast small peeces of flesh cut from every part of the beast, begin­ning with the shoulder (which is in Greek [...]) hence this is called [...]. The reason Eustathius giues, Loco laud. [...], that they might seeme to consume all, which the Athenians did not, being commanded by law to carry some of the sacrifice home. By [Page 59] reason of which iniunction, they did so straine curtesy of their Gods, that the illiberall or niggardly sort of people would sel that which was left, and so make gaine of their devotion. Th. Charac. [...]. [...] saies Theophrastus, Where Pag. 336. Casaubon notes. Coxam ferè offerebant, aut intestina, aut aliud non magnae rei persaepe. They offered the hanch bone or the entrals, or somewhat of no great worth. Where by entrals you are to understand the spleene, the liver, and the heart, which Homer calls [...], for though the word bee taken for the bowels, yet it signifies the heart too, in which sense we say [...] a pusillanimous man, & [...] a couragious, as the 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 rost. For when they had finished their devotions, they let the reynes loose to all manner of voluptu­ousnesse, gluttony, and drunkennesse. 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 publikely they begun to Uesta were more then I could well proue; but that they did so is plaine. 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 Vide p. 582. Aristophanes. As for their meat offerings it was required that they should bee Vide Pollu­cem. l. 1. sound and without blemish, whether it were an oxe, sheep, goat, swine, calfe: to sacrifice they simply termed [...] which our Latines haue interpreted fitly, Facere. In Bucolici [...] Virgil, cum faciam vitula. Whose poverty was so great that hee could not afford a sheep, or the like, they thought the Gods would bee well pleased if he offered Molas, which the Greekes call Casaub. in Theop. p. 237 [...] meale, which by the richer was mingled with oyle and wine, as the Pag. 901. D Scholiast of Aristoph. The more wealthie in­steed of this did cast frankincense on the Altars. For the sacri­fices of Pallas the tithes were set a part, as Pag. 3 [...]8. Demostenes. In [Page 60] their oblations the [...] or cookes gaue the [...]chol. Arist. p. 304. 10 part to the Prytanes. So [...], put for [...] where the Gods cannot haue their allowance. Schol. Aristop. on [...], &c.

CAP. X.

De Anno Attico.

THE ancient Greek yeare consisted of three hundred & sixtie daies, each moneth consisting of thirtie. Rude anti­quity ignorant of celestiall contemplations, deeming the Moone to finish her course in that space. Which according to De Doct. Temp. l. 1. c. 1. Petavius seemes false. Lunaris enim non fuit, sed eius menses tricenis diebus constabant singuli. By which reckoning, had they not used intercalations, they had soone found a maine difference in the times, when they ought to haue celebrated their festivals. They made therefore a Tetraeteris, in which when they found seaven daies deficient, they supplied them by adding Negat Peti­tus Miscel l. 8. p. 192. Petav. assirmat. 2 to every end of the yeare, called [...], M. Selden. in Apparat. ad Graeco Epoch Chro. eò quod per illud biduum Athenae Magistratibus careban [...], Because for those two daies Athens was without Magistrates. But the last of these foure had but 359 daies, besides the two [...], in respect to the Olympick games, ever kept in the Olympick games, ever kept in the [...]d est, The fifteenth day [...] De D. Tem. [...]. 1. p. 4. full moone, whieh could not haue happened, had they not began the Tetraeteris with a new Moone. Neverthelesse the Sunne and Moone appearing 14 daies oddes in a Tetraeteris, they made every eighth yeare an interiection of one Moneth, that this time being ended, the course might still returne the same. This all Greece observed, saies Petavius, by the Athenians termed [...], by the people of Etis an Olypiad. What kinde of Lunary yeare was in use among the Grandsires of Greece, is [Page 61] not truly known; by [...] Chr. p. 225. Petav. 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 yeares one Moneth was inserted, once of 29 D: another time of 28 D: But because in two yeares this each of these two yeares se­verally taken was called ver tens, [...]oyned annus mag­nus. magnus annus surpassed the Moone 15 D: ita (que) Tetraeterida fecerunt. This cōsisted of 1445 D: 723. & 722. make 1445. So many daies 354. foure times doubled hath, if [...]ou please to adjoyne 29. Of this sort of calculation doth hee understand Elem. Astro. c. 8. p. 36. Geminus. [...]. That must be fitly understood, quoth hee, for they did number the Moneths as if they were 30 D: when notwithstan­ding e Loco laud. they had but 29. 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 Loco cit [...]o Geminus you may account 29. ½. 1/33. and In Arg O­rat. contra And. p. 380. Ulpian, [...] ▪ 29. [...]. And yet are we not destitute of authority, that a Moneth was supputed 29 D. In Arat [...] D [...] ­osem. p. 74. Theon. [...]. But that the fragments were left out, the words are plaine, [...]. He meanes a day the space of a night and a day, for according to such Moneths did they administer their civill affaires. And now it is in re­quest among many of the Greekes. But of this enough. Soone was the Tetraeteris found faultie; therefore was made a Ka­lander of eight yeares, in which doubling eight times the dif­ference of the Sunne, to wit, 11 D: ¼. made up three Months, inserted every third, fift, and eighth yeare. But the scruples comming short in sixteene yeares 3 D: they intercalated three. And seeing still they could not make it even. Geminus p. 38. Whom I follow. N [...]t ig­norant that Meto [...] was the first that made the Ci­cle of 19. yeares. Hence [...]. Me­t [...]ns yeare is put for a long time prover­bially▪ Eucte­mon and Philippus made an Almanack for nineteene yeares, which by Callippus was produced to 76. Moneths 940. of them 28. [...], saies Geminus. This was the progresse of their reformation. [Page 62] But we must look back againe and consider that they counted their yeare two waies. First of 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 Moneths interchangeably [...], full and deficient, that is, one 29. the other 30 daies, yet both Lunary. For that is proved even by the names of their daies. The first, wherein the Moon appeared new, called by a Synalaepha or contraction of the words [...]. The second [...]. The eight [...], or halfe full: the full [...]. The last [...] [...]. p. 32. [...], because that in the daies of Thales Milesius, [...] in [...] who was the author of that terme, the Moneth had 30, and no more, but ended, whence I suppose [...]ux l. 1. [...], signi­fie the dead, the period of whose life hath beene come to. Though Diogenian giues other reasons. And by the way we must not thinke, that they had no regard to the course of the Sunne; Peu [...]. Eccl. [...] ▪ p▪ 215. sed tamen ut annus fieret Solaris, &c. But neverthe­lesse that the yeare might be correspondent to the Sun, they put fiue daies, called [...] epacted, to the last Month Scir­rophorion, for the supplying of the defect. And so the yeare had 365 D: which was the true and iust measure. But hee might haue added, sometimes 366, by reason of that ¼ which Geminu [...] acknowledges the Greeks to haue reckoned, al­though they accounted their Moneths but 30 D. This is that annus implicitus, which In [...]. p [...]8. Aratus stiles [...]. To this point the Greeke Authors, telling the yeares by seed time. In Antigon. p 213. Sophocles [...]. For the ancients, saies In Aratum p. 78. Theon, took the yeare three waies, either by the Sunne; or seasons; as spring, summer, autumne, winter, In O [...]dipo Tyran. p. 183 ( Sophocles. [...]—) or thirdly by the Moone: whose irregularity Solon is reported by In vita pag. [...]6. l. 15. Plu­tarch first to haue marked. Observing therefore that shee on the same day overtooke and surpassed the Sun▪ Plutarch. [...], he caused that to be called Laert. in vit▪ [...] the old and new, because that remnant, which was before the coniunction, hee thought belonging to [Page 63] the precedent Moneth▪ and that remnant which was after the coniunction, appertaining to the subsequent. (These peeces In Diosem. p. 125. Aratus calls [...]) in which matter hee is thought to haue had Homer in sight, who in his [...] pag. 164. Odysses termes the thirtieth day, as Didymus expounds it, [...]. Where wee may note that then they had no [...], but counted from one to twelue in the ordinal numbers, used by Contra T [...] ­mocratem. p 446. n. 39▪ Demosthenes in one Oration, [...] and [...]. Then putting the lesser to the greater they said [...], the third aboue ten, the fourth upon tenne, and so to twentie, Vide Plu­tarch. loco nuper lauda [...]. But when at the one and twentieth day they perceaved the wane of the Moone to be great, and the light almost lost, they changed the order and used [...], &c. the tenth of the de­crease, the ninth of the decrease, and so to the twentie nine, [...], the second of the decrease, or from the end, going lower in number stil, as the splendor of the Moon was dimini­shed, but the thirtieth they call'd [...] for the cause aboue. Here likewise they take the reason why the Moneth ending was [...] Vlpian [...] Dem. p. 210. [...]. Be­cause the daies and Moones doe as it were die, according to that of Horace. Novae (que) pergunt interire Lunae. 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 Moneth; fixed and still waiting untill the Moone shall haue iournied to the compleating and ending of the precedent time. Thus the last day of our liues is said to stand. Virgil, Aeneid. 10. p. 330. Stat sua cui (que) dies, as unto which we must passe through all the rest, and once ap­proach. Thus squared they their times and state matters to the Moone. Hence read we [...], to count the Moneth as they doe, who manage politick businesses, or belon­ging to government. In which course they made their yeare of CCCLIIII daies, which divided into ten parts make ten [Page 64] times 35, which space each A [...]gum. O [...]. [...] contra Androt. pag. 3 [...]0. [...] ruled in its turne, the foure that abounded were called [...], in which they chose Magistrates, being for that time destitute of them. The yeare thus disposed, the Moneths must of necessity be [...] cavi & pleni, as Elemen. A st. o [...]om. p. [...]1 Geminus. [...]. If a Moneth haue 29 D: , two haue 59. Because there fore the two halfes might bee made one whole, they so ordered it that now it should bee 29 D. then 30 D: The Athenians counted their day from the setting c Macrob. l. 1. [...]. [...] Pl [...]n. nat h [...]st. l. 2. [...]. 77. of the sun on this day, untill the going downe of the next. In respect to which In [...]. Nicander may be thought to say of noone sleep,— [...]. To take rest at the beginning of the even. I knowe that the ancients wrought but six houres in the day. Lib. 4. Ep 8. Martial, sexta quies lassis septima finis erit. Which f In [...]. ad [...]. Eustath affirmes in his Commentary on Homer. And there­fore Z. H. [...] I were the notes of the 7. 8. 9. 10. houres, which ioyned unake [...], as if they should haue said to the Laborers, Rest. The beginning of the yeare was [...]. in A [...]hen. p. 931. Hecatombaeon, Iuly, the eight, saies Chronol. [...]clog. Petitus. They ever accounting that to be the first Moneth. In which order I haue found them set downe in a In 4 o num. 24. p. 264. Manuscript in our publique Library, only M [...]macterion is to be put aboue Pyanepsion.

Roman. Macedon. Hebrew, Aegypt. Hellen. Athenian.
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].
[Page 65] [...]. [...]. [...]. [...]. [...]. [...]
[...]. [...]. [...]. [...]. [...] [...].
[...]. [...]. [...]. [...]. [...]. [...].
[...]. [...]. [...]. [...]. [...]. [...].

In which table although Hecatombaeon bee compared to the Iulian. Moneth Ianuary, yet it appeares not that Hecatombaeon was ever so remoued out of his place, as Eclog. Chr. p. 214. Petitus will haue it, Epiphanius contradicting, of which by and by. Indeed whē the Christians in honour of their Easter began the yeare in April, they called April Hecatombaeon, as Loco [...]. he himselfe testi­fies. But that Hecatombaeon was alwaies the first Moneth is not probable. For when the Athenians under the dominion of Alexander the Great's successors changed the head of the yeare from Iuly to the seaventh of October it is like that they began at Maemacterion according to this Ex M [...]. Bib­lioth [...] ­nae in 80. n. 8. rule,

  • [...].
  • [...].
  • [...].
  • [...].
  • [...].
  • [...].
  • [...]
  • [...].
  • [...].
  • [...].
  • [...].
  • [...].

Vide [...] in Ep [...]phan. p. 138. Certaine it is that the same Atti [...]k Moneths are sometimes Lunary, and sometimes not, but of 30 D: or Iulian; When they are Lunary they haue no sure seat, but are now at this time, then at another. And this hath been the reason why the same Moneths haue not beene suted to [...]he Iulian, by writers. [Page 66] Vlpian on Demosthenes parallels Hecatombaeon to Pag. 21. Ianuary, & in the Oration for Ctesiphon, to March, and againe to Pag. 163. A­pril. In Olynth. 3 March he calles Boedromion, which also he interpret [...] Pag. 148. Iune. Elaphebolion Pag. 140. November, Pag. 167. September (in the margin February) and Pag. 120. December. Pag 167. Thargelion, April. Munychion Ianuary. Scirrophorion, March. Which errors are cursorily no­ted by 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 yeare to the Iulian, they Vide Pe [...]av. in Epiphan. pag 139. thus numbred.

Menses Attici. Menses Iuliani
[...]. March.
[...]. April.
[...]. May.
[...]. Iune.
[...]. Iuly.
[...]. August.
[...]. September.
[...]. October.
[...]. November.
[...]. December.
[...]. Ianuary.
[...]. February.

But of this, so much only. Wee must handle their Lunarie yeare because according to them were their feasts kept. From whence sometimes they would count, as Aristoph. p. 800. c. [...]. So much and as long since the Bacchanals; speaking of the age of a girle. For a more compendious way of compre­hending their holy daies view this Almanack.

Hecatombaeon. Iuly.

  • 1 [...]
  • 2 [...].
  • 3 [...].
  • 4 [...].
  • [Page 67]5 [...].
  • 6 [...].
  • 7
    [...]. Kept in memory of the returne of [...] out of Creet, after he had slayne the Minotaure. In v [...]ta p. 12 Plutarch. The solemni­tie Metamorp. l. 7. F [...]b. 23. Vide [...] [...] ­ligenter. [...] erit operae pre [...]um. Ovid seemes to describe: Nullus Erecthidis fertur celebratior illo Illuxisse dies, &c. the eight day of every Month was sacred to him. He had also a festivall called Theseia, in honour of gathe­ring together the dispersed people of Attica.
    [...].
  • 8 [...].
  • 9 [...].
  • 10 [...].
  • 11 [...].
  • 12 [...]. Of these, as also of the day, speakes
    Pag. 446. contra Timo­cratem.
    Demostenes. Then did the Masters wait on their servants, as in the Roman Saturnals.
    In Annalib. vide [...]. Satur. l. 1. c. 7. versus finem
    L. Accius. Maxima pars Graium Saturno, & maxime Athenae Consiciunt sa [...]ra, quae Cronia esse iterantur ab illis, Cum (que) diē cele­brant, per agros, urbes (que) fere omnes Exerc [...]nt epulis laeti, famulos (que) procurant Quis (que) suos.
  • 13 [...].
  • 14 [...].
  • 15
    Then were kept the [...] in memoriall 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 Moneth called by the ancient Atheni­ans, [...]; afterward Hecatombaeon, from [...], sacrifices to Iupiter or Apollo, as some think with the bloud of an hundred beasts: For so were they pro [...]use in their sa­crifices.
    Metamorph.
    Ovid. Taurorum sanguine centum.
  • 21 [...].
  • 22 [...]
  • 23 [...].
  • 24 [...].
  • 25 [...].
  • 26 [...].
  • 27* [...].
    In Il. [...]. pag 6.
    The Scholiast of Homer sayes that Hecatombe may be used for siue & twenty beasts, whose feet make up the num­ber of an hundred, [...].
  • 28 [...].
  • 29 [...]

To Minerva the protestresse of their citie, as hath beene before said, instituted by Theseus, as In [...] p. 8. [...]. Plutarch. [...] [Page 68] [...]. At first they had the name [...], by Ericthonius, or Orpheus. In the time of solemnization there were rare shews exhibited to the people, such as horse races, 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 Gyants. All which you may read in In Panathe­nae [...]s. Meursius at large, and Pag. 140. 1 [...]7. 180. 181 467. 580▪ 650 74 [...]. Aristophanes his Scholiast.

The second of this moneth is called [...], because it hath but 29 daies, and so alwaies 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▪
  • [Page 69]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 he [...]ce [...]lp c [...]e in.

* Boedromion September.

  • 1
  • 2 [...]. When Pausanias and Aristi­des overthrew Mardonius, Xerxes his Generall neare Plataeae, a citie of Baeotia, a Herodotus, b Iustin.
  • 3
  • 4
  • 5 [...] Miltiades leader of the Attick forces got the upper hand of the Persians. In which battle when Cynaegirus pursued the flying enimies 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 prowesse spared not his teeth, to the eternizing of his name for valour against his enimies.
  • 6 [...].
  • 7
  • 8
  • 9 [...].
  • 10
  • 11* [...]
  • 12
  • 13
  • 14* [...].
  • 15 * In thankfulnesse for the delivery of Greece, at what
    [...] Calhop. p. 234. b. lib. 3.
    time Darius and his Fleet went homeward.
    Tom. 1. pag. 25 [...]. see Plut. in Aristi [...] p. 241.
    Aristi­des describes the ioy at full, and the erecting of an Altar to Iupiter that freed them.
  • 16
  • 17
  • 18
  • 19 'The greater in which they were made
    [...]. Arist p. pag. 247.
    [...]. or admitted to the sight of that they worshipped. The first day was called [...], perhaps from the con [...]lux of the
  • 20
  • 21
  • [Page 70]22 * [...]. people. The second [...],
    Here I look on Meursiu [...]r bre [...]ities [...]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 goe to the sea. The third day they sa­crificed a Barble, because it devoutes the sea hare, an eni­mie to man. The fourth, two Oxen drew a basket re­presenting Proserpine gathering fl [...]wres, which wo­men following cried [...] ▪ Haile Ceres. The fift they ranne with torches. Hence [...], and [...]. The sixt Bacchus was carried in pomp. Hēce is it termed [...]. The 7 th day they exercised in feats of activity & he that overcame had wheat givē him. The 8 th was Epidauria from Aesculapius his comming frō Epidaurus to Athens to be initiated. In the ninth they filled two mea­sures of corne, and setting one at East and the other at West, they powred 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 Moneth was left out ever, saies Sympos. Q [...]. 9. q. 6. & [...]l. [...]. p. 331. Plu­tarch, insteed of which some are perswaded, the name onely was omitted, as [...] for [...], which was recompenced by [...], or [...] as in a defectiue Moneth [...], for the twentie. Of this iudgement is the [...]b. de doct. Temp. 1. c. 5. p. 11. D. worthie Petavius.

M [...] [...]e. [...]on [...] to bee inserted here. Pyanepsion. October.

This moneth tooke denomination from the feasts Pyanep­sia. For mingling the remainder of their food after their ari­ving, they put it into one pot, and seething it, were loviall al­together at the same.

  • 1
  • 2 [...].
  • 3
  • 4
  • 5
  • [Page 71]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 Minotaure, hee would sacrifice unto him a pot of sodden beanes. Hence [...], as it were, [...]. For the antiques called beanes [...].
  • 8
  • 9
  • 10
  • 11 [...].
  • 12 [...].
  • 13
  • 14 [...].
    In Aulul [...].
    Plautus calls this festivall vigilias Cereris, which the Attick Dames kept most sober and chast, strowing their beds with [...]o­nyza for that purpose, it being an enimie to lust. They prepared themselues with fasting, but after that tooke their liquor freely. The number of daies were three allotted, as some, or foure, as others. When Castellanus saies that Ovid makes them nine, is false; for that was the Myste­ria, as we aboue haue shewne. They were done in ho­nour to Ceres, that gaue lawes first, as shee is termed [...]. Of these you may read
    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 moneth. When the Parents brought their children to their Tribes, to be enrolled▪ I suppose for feare of deceit in patrimonies. Then they made merry for foure daies. The first was [...]. The se­cond [...] ▪ The third [...]. The fourth, [...]. In honour to Minerva.
    Graecia Fe­ [...] l. 1.
    Meursius tea­ches us that they were celebrated the 17 of this moneth, but Petitus hath thus placed them.
  • 26
  • 27
  • 28 [...].
  • 29
  • 30 [...].

Maemacterion. November.

This moneth is to be placed before Pyanepsion, as I haue a­boue giuen notice, but in this Almanack 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 haue 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, saies that the Baeoti­ans, nay and Greekes send yearely some to sacrifice to the memory of those that died at Plataeae, and every fiue yeare they haue great pastimes, which
    Pag. 241.
    hee sets downe the manner of.
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23 [...]. This moneth is derived from Iupi­ter Maemactes: for I suppose they first found Gods, afterward festivals to them. Not the moneths first, and then named the Gods from them.
  • 24
  • 25
  • 26
  • [Page 73]27
  • 28
  • 29

Posideon. December.

From Neptune, who is Posidon. For the first day of this moneth was sacred to him, as In Theop [...]. Char. [...]. Casaubon. Hence hee thinks it to be called [...].

  • 1
  • 2
  • 3
  • 4 [...].
  • 5 [...]. Dionysia [...]. Without the citie, It seemes when they had gathered in vintage and pressed their grapes. [...]. Then were they most jocund, as may appeare out of that. Like the voice of them that tread the wine presse, and in
    [...]. v. 127.
    Oppian. [...]. On which words
    Pagina. 18.
    Conradus Rittarshusius takes [...] to be Ianuary.
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13 [...].
  • 14
  • 15
  • 16 [...]. A feast to Ceres. The day doubtfull.
    Demosten. Pag. 743▪
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23 [...].
  • 24
  • [Page 74]25
  • 26 [...].
  • 27
  • 28
  • 29 [...].
  • 30

Gamelion. Ianuary.

  • 1 From the marriages first made by Cecrops, of whom be­fore we haue spoken, and more you may read in Tzetzes on Lycophron. That moneth wherein this people coup­led, hence is called Gamelion, from [...], nuptiae. It is sa­cred to Iuno, who by the Poets is called Pronuba and con­iugalis, President 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
  • [Page 75]27
  • 28 [...].
  • 29

Anthesterion. February.

  • 1
  • 2 [...].
  • 3
  • 4
  • 5 [...].
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11 [...]. Kept in great mirth for three daies 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 vessells they drunk stiffely. The second [...] from Chus, a good capacious vessell. 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 crowne. The third [...], I suppose different from [...]. From this Festivall the moneth is named. The twelfth of which Dionysia in Limnis were kept, called [...] & [...]. The 13 th were acted Comoe­dies, begun the 3 d yeare of the 93 Olympiad, when Callias was Archon. But after they were taught as
    In Terent. p. 289
    Do­nat and
    In Demost. p. 184.
    Vlpian witnesse, and
    Pag. 143.
    Aristophanes, [...], saies one.
  • 12
  • 13
  • 14
  • 15 [...].
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24 [...].
  • 25
  • 26
  • 27
  • 28
  • [Page 76]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 haue 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 moneth beares the name. In this moneth were the causes of strangers iudged.
    A vib. p. 609
    Arist. Sc. To Iupiter Meilichius. The greatest day that the Attick route was kept in. See of this
    Pag. 150. 174.
    Aristophanes and
    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 na­tivitie. On this day did they expiate for the sinnes of the people. For they were wont to nourish some base men, and of no account, at the publique charge whom in time of pestilence, or the like they sacrificed for the sinnes of the citie, Two in number, saies the
    In Equites pag. 353.
    Scholiast of Ari­stophanes, whence they were called [...]: but more properly [...] & [...],
    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 haue it the 25. To Miner­va, on which they take off the ornaments of her statue, and wash it I suppose,
    Pag. 152.
    Plutarch,
    [...]. p. 257.
    Xenophon.
  • 26
  • 27
  • 28
  • 29

Scirrophorion. Iune.

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12 [...]. To Minerva▪ from [...], a Canopie, under which her Priests did walke in pomp at that time: or from the statue of Minerva found in Scirus.
    Pag. 497▪ 725.
    Schol. Aristoph,
  • 13
  • 14
  • 15 [...]. It was not lawfull anciently to kill an Oxe: wherefore when one had slaine that beast eating the meale provided for the sacrifice, hee slew him and fled, in memory of which this day was kept. Afterward they did mitigate the Law, and gaue licence to butcher an Oxe, so that hee was not for the plough. To which
    Saty. [...]10 v. 268.
    Iuvenal 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 [...], &c.
  • 28 Where Petitus makes the foure first Tribes to governe each his day, on those foure that abounded aboue the yeare,
    Athen. Rep. l. 2 c [...]
    Sigonius seemes to agree, and
    In Nous ad Harpo [...]ra.
    Maussacus ap­proues
  • 29
  • 30 [Page 80] proues 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 daies, which none ever are to haue done, except the first foure.

CAP. XI.

De Tragoediâ, Satyricâ, & Comoediâ.

IT is taken for grant among the Ancients, that Homer, who lived V [...]d Can. Chr [...]. ad G [...] [...]. Mar. At [...]nd. p. 97. 9 7 yeares before Christe, was the first that taught [...]. [...], to speake in Tragoedie; comprehending great and weighty matters in few words and very concisely, being more large and using circumlocution in matters of lesse con­sequence, which Hermogenes acknowledges to bee the pro­perty of a Tragoedian. This foundation being laid, following ages stilibuilt built (though rudely) a structure to small perfection. Nam post idius tale tantum (que) documentum, &c. saies [...]. de [...] & C [...] [...]. [...]. Terentio. Donat. For after that Homer by the Iliads had represented a Tragoe­die, by the Odysses a Comoedie, most ingenious imitators took those Poems and set them in order, and divided them, which at that time were inconsideratly, & without iudgement writ­ten, impolisht▪ and in the first rudiments not so neat and trim, as in processe of time they were made. For Poesie was a great while in her minoritie, and very rude, after the first publish­ing of plaies. For we see little or nothing of Marmo. A­rundel▪ & ad [...]a seld C [...]. [...] [...]. Susarion, the first Comoedian, worth our time: some few verses only, & so few as may but witnesse such an Author. The originall of the word Comoedie is supposed to be taken from divers reasons: First, because in their revelling, kept in honour to Bacchus, they sung them, and so it may be derived from [...], commes­satio▪ [...]. [...], signifying [...], to sing basely [...] Naz. [...]. [...] p. 106▪ at the cup. Secondly from [...], sleep; because when any of the Attick husband men had been injured, it was the custome (as before hath been spoken) for the party abused, to come in [Page 81] the night season into the streets, and with a loud voice cry, such and such reioyce in wrong, and commit such outrages, though there be Gods and Lawes. And after that, proclaimed the parties 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 mans life out to the world, meeting merrily in the streets and high waies, they laid open every mans life and concealed not his name, Donatus de Tra. & Com. In vicos & compita ex omnibus locis laeti, alacres (que) veniebant: ibi (que) cum no­minibus singulorum vitam publicabant. These verses were first sung Idem ibid. in the greene Meddowes, 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 enimy to the vine, the skin of which they took and sowed up close, filled with wine, and anointed it with oyle to make it slippery, and so hopped with one leg upon it, making themselues laughter at the falls they often to [...]k. This sport they call [...] from [...] a skin and [...], to leap, [...]. p [...] Aristophanes. [...]Geor. 2. p. 71. Uirgil hath fitly set it out.

Non aliam ob culpam Baccho caper omnibus aris
Caeditur, & veteres ineunt proscennia ludi:
Praemia (que)
[...]. [...] in [...] [...]d [...], inter­prets [...]
ingentes Pagos & compita circum
Theseidae posuere: at (que) 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 poore man, but only to dance, as In [...] [...]. Arrian hath observed. Which thing gaue an occasion to [...] 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 liues never did some famous exploit? So in Tragoedies we ma [...]ke [Page 82] that such as Atreus, Thyestes, and Agamemnon are slaine; 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 Tragoedie of him, who prayed that nothing proper to a Tragoedie might happen to him; meaning sorrow and lamentation. For so is [...] used, as [...]. [...] for joy and mirth, and glee con­ceits. The first Tragoedie that Thespis taught was that of Al­cestis repriving her husband from death by her owne, as Ad Marm▪ A [...]nd M r Selden hath coniectured. This Thespis was forbidden by So­lon to act his Tragoedies, as L [...]ert. in Solone. p. 40. [...], a fruitlesse ly­ing. Horace of him thus speakes.

Ignotum tragicae genus invenisse camaenae
Dicitur, & plaustris vexisse poemata Thespis.
Quae canerent agerent (que) peruncti foecibus ora.

Vpon which words some haue written that his Poems were so voluminous, that he was constrained to bring them upon waines. But alas a poore conceit▪ In Horat [...] Poe [...]cen. Franciscus Lusininus Uti­censis is of opinion that Thespis carried his scene upon carres: and Acron; That the Chorus carried about in waines acted Tragoedies. Chori plaustris circumducti Tragoedias agebant. Schol▪ Arist. p 142. I avouch that at the first the Poets acted alone their owne Fables; And to me it seemes a ground for to stand on, the Greek Authors by the word [...], intimating a Poet. O [...] [...], &c. The ancients, saies In Demost. p. 40. Vlpian, called the Poets Hypocritas actors, which we now terme Tragoedi, such as Euripides, Aristophanes, &c. The place in which they sung their Poems, was a Scene upon a waine drawne in procession to the honour of their God Bacchus▪ as among the Greekes the [...] [...] [...] pag. 107. custome was, saies the Scholiast of Nazianzen. Of the manner in those ancient times, [...] p. 343. Plutarch shall thus informe you. [...], &c. A pot of wine and a vine twig, then one drawing a Goat, next another with a basket of figs, and last of all the Phallus. In which solemnitie the Poets in waines following the pomp, might without controle laugh, scorne, and deride any they met, saies Antiq Rom. [...]7. Dionysius Halicarnas­saus; [Page 83] or were wont, as the Loco laud Schol. of Nazian. to rayle upon each other. whence [...], is as much as to convitiate im­pudently, (though in a good sense sometimes Hermog. Meth. de Elo­qu [...], c. [...] ▪ p 519. to celebrate the pomp, or goe in procession in honour to the festivall) and Dem. pro Coron. p. [...]. [...] ▪ a scandall or reproach. [...]. Whence like­wise came the Greek proverb, Schol. Aust. p. 142. [...] tanquam ex plaustro loqui, and Vlp [...]an. in loc. [...]. Dem. [...], tanquam ex plau­stro convitiari, to giue reines to the tongue, to be free in abuse. Which that they might doe the better without shame, or blushing, sometimes would they anoint their faces amurca, olci face, with the dregs of oyle, saies Donat, or of wine (for so I interpret [...]) from which Poets by Nubibus p. 141. Aristophanes are called [...]. Horace—Peruncti [...]foecibus ora. Sometimes would they put on vizards, Vlp [...]an. [...] Dem p. 254 which least they should hurt the head, were defended from the skinne with a wollen cap, na­med [...]. A word elegantly used by De fal [...]a [...] Demosthenes, in a Metaphor drawne from the liberty and impunitie of the per­sons that wore it. [...]. Thinke not to e­scape scot-free for such villanie, though you get a pileum on your head. We may apply it in threatning to any slanderer, of whom we surely intend to be revenged. But I seeme to for­get the Poet, while I speake of the stage, I will therefore re­turne to him. Thespis, as I said, was the first that invented Tragoedies; so called, as Donat tels, because (least 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 gaue 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 receaved opinion is this which Ho­race hath set downe of Thespis. Before him there was no art of poesie Tragicall, but at their festivals, when they ascribed all their mirth and delight to their Gods, they did it especial­ly [Page 84] to Bacchus (and so afterward, when Actors are called [...], and [...] simply by Orat. [...]. p. 242 Demosthenes, by Donat Artifices. The word is used for Iuglers, and such as Hokus Po­kus in [...]. Theophrastus) they would feast, and afterward scoffe and deride each other, which grew afterward a part of their solemnitie. They would moreover dance at rude Musick, and from thence suppose they the Chorus to haue sprung up. They would likewise cast forth [...], as they terme them, in Georg. 2. Virgils language, versus incomptos, 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, Heroicks, in which they sung the praise of Gods and Noble men, and from this in a short time, with smale care grew a Tragoedie; the other sort was Iam­bicks as toying and laseivious as the Phallica, but biting too & from hence came a Comoedie. At first small was the diffe­rence betweene a Tragoedie and Comoedie, [...]asaub. ib. constat sane, pri­mis temporibus ignoratum fuisse discrimen inter Tragoediam & Com [...]diam, and the reason is, because even Tragoedies had their wantonnesse and petulancie. At first they sung in ho­nour to Bacchus D [...]thyrambicks, and afterwards neglecting him they praised their Demi-gods, which when the people saw they cryed downe, with [...], whence our proverbiall adverb is fitly used [...], for nothing to the purpose. But to giue content to the people, the Satyres did [...]. But after that, when a Tragoedie tooke state they excluded the Satyres, and were only for sad and serious persons; by which mournfull poëms the people were wont to be cast down, sympathizing with the person represented, therefore to cheere them a Chorus of wanton Satyres were brought in by Thespis as [...] Horace.

Mox etiam agrestes Satyros nudavit, & asper
Incolumi gravitate, iocum tentavit, eo quod
[...] erat & grata novitate morandus
Spectator, functus (que) sacris, & potus & exlex.

In a Satyrick play, Satyres haue a Chorus place, or else the [Page 85] persons are Satyrick and ridiculous, and for the easing of the mindes of the spectators, they would bring in Satyres for sports sake; and many of their Tragoedies had some mixture of Satyrick sport, saies P 1 [...]9 de [...] Poes [...]. Casaubon. Fuisse aliquando pluribus Tragicis Dramatis interjectas Satyricas fabulas. Of this I say Thespis was the first inventer, who likewise to ease the Cho­rus ( 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's is [...], Sophocles his [...], a word put for an obscure & base fellow in 184. De­mosthenes, Vlpian, [...], speaking of Aeschines, if I remember. Tully calls them Actors secundaris & tertiarum partium. 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 mee speake what I haue to say of a Tragoedie. Plutarch. [...] vita X [...]het. p. 452 B. None was permitted once to act Aeschylus, Euripides, or Sophocles his Tragoedies, but they were to bee recited by the Scribe, that the Actors might (as I conceaue) repeat them. [...]. And to this purpose by a law of Lycurgus the Oratour were they commanded to be transcribed, and kept under cu­stodie [...]. Yet the Iuxta [...] Author of the life of Aeschylus writes, that the people made a decree, that he should receaue such a summe of gold, that would [...] the plai [...]s of Aes­chylus after his death. I put the word [...], docere. Because Tragoedians as well as the Comoedians were said [...], to labour in teaching the people. And for this end did the ancients lay out so much mony upon their Theaters. Heinsius Poleg ad A­ [...] Sacrum. Sed immane quos quantos (que) sumptus, i [...] Theatra, in Comoediarum ac Tragoediarum repraesentationem fecerit an­tiquitas. Cum non mores tantum ab utris (que) emendari, ac pru­dentiam conferri, sed & scripta antiquissima & formas Reipub­licae, ac vitam magistratuum, cum summo spectatorum fructu, [Page 86] 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 Theater. I came hither to teach you, not to be taught by you. Hence of a Tragoedie or Comoedie the Greeke writers say, [...] Dip. l. 6. pag. 2 [...]8. vide Ca­ [...]. [...], docetur fabula, and [...], docere, as sometime [...], as you may see in Pag 270. Athenaeus. The following Poets did not alwaies represent their owne Fables, but oft-times their predecessors; so saies Lib. 10. Quintilian, the people permitted the works of Aeschylus to bee dealt with, because in many places his verses were not set in order. Hee brought great grace to the stage, and first taught [...], the painting of the Scenes; which some thinke Horace to ayme at, when hee saies, Modicis intravit pulpita cignis. Which because it was perfected by Sophocles, is thought (nay spoken affirmatiuely by some) to haue beene invented by him. Sophocles indeed did [...], bring in many new things. such as leaving out the action of the Poet (for before the Poet himselfe acted) by reason of the badnesse of his owne voice; hee found out white shooes, which the Actors and Dancers wore; he made the number of Dancers fifteene, before but twelue; hee fitted likewise his Tragoedies to the natures of the Actors, &c. but that he invented [...] I cannot finde. Somewhat like­wise was added by Euripides: T. Magister. as to set out the Argument of the Fable in the beginning of the Tragoedie, as you may ob­serue; leading the Auditor, as it were, by the hand to the last and principall point of that one action which hee would re­present, which by the glory of our nation, In the de­ [...]ence of Poesie. S• Philip Sidney, is not past by, as frivolous, without noting. These three were the Princes of Tragick stile, who exhibited to the People e­very yeare at some certaine solemnities their Poems, striving who should get the victory by the approbation of Iudges, chosen for that purpose, called Heinsius in Proleg. ad A­ [...] [...]. [...], and [...] [...]. C [...]esiph [...]; Tenne in number, think some, at first, gathe­ring out of Plutarch, in the life of Cimon, authoritie for it. Be­cause [Page 87] when hee had brought the Reliques of Theseus out of Scyrus, Aphepsion the Archon, in gratulation to him, chose not the Iudges as soone as the Theater was filled, and spectators placed; but presently after Cimon entred the Theatre with nine more of his fellow Captaines, of each Tribe one, after accustomed sacrifice he swore them Iudges, who gaue the vi­ctory to Sophocles, but then young; for which Aeschylus grie­ving went into Sicilie, where he died, and was buried neare P [...]ot. [...] p. 352. l 39 Gelas. But out of this place we cannot proue that the num­ber of these Critick Iudges was alwaies Tenne. This we ac­knowledge done in testimonie of high acceptation of Cimons service. And yet in iudgement upon Tragoedians, the number might be so great. For there seemes to bee a difference be­tweene the Iudges of Tragoedies and Comoedies. The num­ber of Tragick Iudges, grant we haply to be such as we speak; the power incontrolable, as from whom there was no appeal to others. Heinsius loco [...] Cum ne (que) provocatio ab iis [...]sset, ne (que) de quibus illi iudicarent, magistratus caeteri sententiam pronunciarent. The Comick Iudges were in number but fiue, from whence came the Greek proverb, Z [...]nobius. [...]. sub quin (que) Iudicibus lis est. The A [...] Aves p. 562. Scholiast of Aristophanes speakes some­what uncertaine. Iudges, quoth he, passe censures upon the Comoedians, & they who had fiue voices were happy. Those wereall. For if there had beene tenne of them too, it would haue made nothing to the Poets felicity to haue had equall voices. For the odde gaue a great stroake. Hence wishes the Chorus in the behalfe of the Poet▪ [...], to bee Victor by one voice onely. Another difference is that, whereas the Tragick Iudges had free liberty of suffrages be­yond the power of the people, the Comick had not: For whē Aristophanes taught his [...], they so much tooke the peo­ple, that they applauded the Poet, cried him up Conquerour, [...], saies Var. H. l. 2. Aelian and commanded the Iudges to write Ari­stophanes uppermost (as the fashion was, which Avib. p. 562. Aristopha­nes [Page 88] cals [...], 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 secund 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 Iudges and specta­tours. [...]. 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 [...] Ari­stophanes points. saying— [...]; nay sometime would they hisse them, which they terme [...] and [...], some­time stamp them out of the Theater, which they call [...] ▪ by [...]. Pollux interpreted [...]. Ano­ther difference is that [...] contra [...] ­siph. p 9 [...]. the Comick Iudges were punished if they iudged not right, the Tragick not so. And for these rea­sons haue [...]ome conjectured, nay positiuely written, that their Iudges were of two sorts, old and new, in which matter, if there be place for a coniecture, mine is, that they confounded both, making no oddes betweene the Critick Iudges of Tra­goedies and Comoedies. But of this, Reader, you may deter­mine as your Authors shall afford authority. Before Iudges, 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 daies of Bacchus called Dionysia in agris, or Lenaea, in the moneth Posideon, on the Anthesteria, or Dionysia in Limnis, in the [...] Anthesterion, on Diony­sia in urbe in the moneth Elaphebolion, to which I finde added the Panathenaea by Thrasylus in [...]. Laertius, which some deny, yet the same write that when Sophocles exhibited but one, it was at this festivall. I say but one, because it was a custome a­mong the Poets of ancient daies to entertaine their people [Page 89] with more plaies then one. Mos autem Tragicorum Graeco­rum fuit Athenis, ut modo singulas committerent fabulas, modo plures, saies De [...] [...] [...] p. [...]. Casaubon: Sometime in the same yeare three, and then was it called [...]; sometime foure, and then they stiled it [...], [...] [...] [...]. [...]. Whereof, saies mine Author, the fourth was a Saty­ricall 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 subiect, as that of Euripides. Medea. Philoctetes. Dictys. The fourth was [...], saies the Author of the argument to Medea. Where the interpreter seemes to me not to reach to the expression of the Greek word [...]; Messores, Satyros; he ought to haue rendred it thus, Messores, Drama Satyricum. For that the word beares this sense is sufficiently dilucidated by L [...]b lauda [...] Casaubon. That the grea­test task of action lay on the Chorus, is as apparent as the Sun at noone. The number of them in Comoedies were twentie foure, and six iuga (each iugum consisting of foure; but [...] foure, each [...] six men) in Tragoedies fifty, untill the time of Aeschyius his Eumenides, the number of which so [...] ­ed the people, Author [...] [...]. that the children and younger sort fainted, & the women suffered abortion; for which reason, saies Pollux, the number was lessened (which some deny) by law. They were by that Act brought to fifteene, fiue iuga: I say iuga, be­cause they were divided into [...], and [...] was when the Chorus entred by three, & then it was called [...], by file. [...], when they came on the stage in ranke fiue at a time; and this they terme [...]. Sometime one of them entred alone, which they say [...]. Of interlocutors the ancients for the most part never had aboue three; but if a fourth spake, that they named [...]; and if the Chorus supplied the part of a fourth actor, it was stiled [...]. To speak of the severall verses of Tragoedies, is actum agere: [Page 90] and I had rather speak of the action, then the art in composing and yet not much, only this of their motions, termed [...] & [...], saies the Scholiast of Pindar, is a turning from the right hand to the left, in analogie 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 terme 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 moue. Another posture they had in their Epodes, for (if it be so in Tragoedies, as in Lyrick Musick, which I beleeue) to expresse 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 dismall discomfeit of the Plut. in fine Vitae Niciae. Athenians in Sicelie, they were relieued, 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 brasse for the continuation of their me­morie. After Tragoedies had proceeded to perfection, Co­moedies were with great applause taught, as De arte Poetica. Horace,

Successit vetus his Comoedia, non sine multa Laude—

He saies, vetus Comoedia, because a Comoedy 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 it selfe. The meaning is, that the old Comoedie, of which Su­sarion (by some named [...]annyrion,) was author, tended onely to laughter, being without order and decencie. For the Cho­rus now walking, now dancing about the smoaking Altars, sung simplex carmen, some naked verse, saies Donat. Which by Cratinus was redressed; for he ordained three Actors, and mingled with his sport, profit, I meane for instruction. For un­der the Democracie it was lawfull to exagitate and propose [Page 91] for a laughing stock Captaines & corrupt Iudges, 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 Oligarchie, that licence was taken a­way, Eupolis being cast into the sea by those, against whom he wrote his Comoedie Baptae, and so drowned. Nay, there was a law enacted not Hermog. [...]. p. 76. [...], to name any whom they wrote the Comoedie of. Of which Horace,

▪ Sed in vitium libertas excidit, & vim
Dignam lege regi. Lex est accepta, Chorus (que)
Turpiter obticuit sublato iure nocendi.

But when Alexander of Macedon grew potent and a terror to Greece, the Poets fearing least any of their abusiue wi [...] might displease the great Macedonian, they changed the Ar­gument of their plaies, and insteed of abusing states & people, they fell upon ancient Poets, or some part of Historie not truly written, personating the Actors so as to bee most ridiculous: Donat. Ge­ [...] ad omnes [...] ­nes qui medi­oc [...]bus fortu­nis agunt▪ &c. sometimes scoffing on the stage at meane men, and this they termed [...], the new Comoedie. But afterward it was a peece of the Athenian policie to forbid that the people should be tossed on the stage, unlesse they would themselues, saies 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 untill thirtie or fortie; I dispute not the matter; sure I am that So­phocles taught his first Tragoedie at twentie eight, in which doubtlesse himselfe came on the stage. It being among the Athenians no disgrace▪ as the Romans accounted it, to appeare there. 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, at (que) ab honestate remota, ponuntur. The place where the peo­ple beheld these plaies and pastimes was in the market place▪ [...]. [...]. [...]. l. 4 c. ult. where they nayled scaffolds to a black ▪poplar tree. For in [Page 92] ancient time they had no Theater of stone, onely of wood which they call [...]. [...]. [...]. Aristophan.

[...]
[...]

These were built by some, who upon some consideration of money admitted any to a seat, named therefore [...] in [...]. p. 245. [...]. Once it seemes places were not hired. But there grew great enormities and abuses. For striving to get places, there rose wrangling and brawles, and fights; wherefore the Attick Se­nate ordained that each place should be hired for two oboli (in the Consulship of Diophantus, a Drachme, say some, whence rose the Proverb, [...]. [...]; because at the establishing of it, there fell haile) This mony they called [...], from [...]: because with it they did [...], buy a seat to behold the shew exhibited. Now because the poore people had not to giue, & so were deprived of the spectacle, Pericles desiring to be popular, made a law that they should receiue out of the Cities revenues two oboli each man. [...]. Leo­ [...]. p. 617. n. [...]. 51. For the right of exacting which mony, they were to produce the authority of the Lexiarchicall Rolles, as appeares out of De­mosthenes. For the distribution of this were certaine officers appointed, named [...]. But afterwards Apollodorus stroue that in warre and publike necessity, these [...]ummes might be imployed in military affaires, but hee endeavoured in vaine; Eubulus in [...]lattery to the people, enacting it capi­tall for any that should attempt that which Apollodorus did; Which makes [...]. 1. p. [...]. Demosthenes desist, willing, yet not daring to perswade to convert the money to the use of the Armie. But see the folly of them! [...] apud Plut. Mor. p. 421. For they spent as much on these sports as in obtaining the Masterie and liberty of Greece. And the end was miserable: for they became [...], and so put their necks under the Macedonian yoake. Lib. 6. fine. Iustin of the death of Epaminondas. Siquidem amisso, quem aemulari consu­everant, in segnitiem torporem (que) resoluti, non ut olim in classem exercitus (que), sed in dies fest [...]s, apparatus (que) ludorum, redditus [Page 93] publicos effundunt: & cum auctoribus nobilissimis, [...] [...] ­atra celebrant, frequentiùs scenam, quam castra visentes. [...] ­ficatores Oratores (que) 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, &c. Of the Theater I will say little, as al­so of the stage: Only that the places in the Theater were not promis [...]uous. For there was a distinction betweene the Se­natours and younger sort. The Senators was named [...]. p. 578. [...] among which it is probable the Iudges had the first place, as [...]. 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 apparant out of Donat: he saies it stood on one side of the stage, before the doores, Pollux: who names it [...]. There was moreover a Table called [...], on which before the time of Thespis some body ascending in the Poets place, did answere the Chorus. De Musica. p. 441. Plutarch thinks [...] to be derived from [...], because that before the buil­ding of Theaters the ancients embracing Musick only for in­stitution of youth and praise of their Gods, sung the commen­dation of good men, and honour of their Deities in Temples.

LIBER TERTIVS.

CAP. 1.

De Legum latoribus Atticis. [...]. De sanciendis Legibus.

AS Lib. 2, p. 27 Iustin hath beene too forward in relating the mutation of the Athenian government, passing by the perpetuall and decennal Con­suls, and naming only the yearely: so hath he erred in the originall of their Lawes, ma­king Solon the father of them. But it seemes otherwise. For, as Arist. Plut. [...]. 67. Gerardus hath observed, Theseus gaue Lawes to the Athenians. And In Thesco p. 8. l. 2. Plutarch witnesseth, that when he congregated the Attick people, and constituted a Democracie, he reserved only to himselfe the government of war and custodie of the Lawes. [...]. Adde to this, that before the knowledge of letters & writing, it was a cu­stome among the ancients to sing their Laws, least they might forget them, used in the daies of Problem. [...]. [...]. 189. b. Aristotle by the Agathyrs [...], a people neare to the Seythians. Whence afterwards the [Page 95] rules of Musick, for the true keeping of time, singing, & play­ing, are supposed to bee called [...]. Neither may it bee thought otherwise, because all the notes of the Vide [...] [...] [...]. Lydian, Hy­polydian, &c. Dorick, Hypodorick, &c. Phrygian, Hupophry­gian, [...]onick, &c. songs were distinguished by the Alphabet. Yet [...]. Plutarch is of opinion, that they derived the word from those bounds, which the Musitians of old prescribed, for the tuning of voices or instruments, least they might be confoun­ded; and therefore he calls it [...]. [...]. Idem. [...]. The Greekes, saies [...]. C [...]cero, think the cause of this word, ius suum cui (que) tribuendo, intimating [...], which signifies to distribute, because the Law giues every man his due. Thus see we, that there were Lawes of yore, let [...]. Iustin say, Nullae civitati leges tunc [...]rant, quia libido regum pro legibus habebatur; That the Citie was without Law, be­cause the wills of Kings were Lawes. In succeeding ages, & b [...]fore Solon too, Draco gaue Lawes, living about the three [...] [...]. [...]. [...]. hundred and ninth Olympiad. His Acts, saies [...]. Aelian, were called [...]. Now [...], by [...]. [...]. [...]. Vlpian is interpreted [...]. A Law giving in precept how to make a Law. And yet [...] Aristotle calls them [...], giving them this commendation, that they are not worth remembrance, but for their great se­verity. Which gaue occasion to [...]. li. [...]. l. [...]. c. 44. Herodicus to say, that they were not the Lawes of man, [...], in a double sense of the word, which is also put for a Dragon. And Plut. in [...]. p. 6 [...]. l. 2 Demades, that they were not written with black, but bloud. For he pu­nished every peccadillo almost with death, those that were convicted of idlenesse, or stealing of pothearbs, alike the sacri­legious and man-slayers. Wherefore were they made of none effect by Solon. [...]or he abrogated all, except those which concerned murther, intituled [...]. p. [...]0. [...]. Him succeeded His [...] [...] 100 [...], saies Plutarch. in strength. In Solone p. 66. & afterward by little and little decayed. [...]. Var. [...] ▪ l 2. c. 22. If any [...] against them, he had c [...]rpo rall punish­ment. Solon, a man so well tempered, and equall be­twixt the Commons and the Peeres, that hee was beloued of [Page 96] both, having still a care, least while hee should side with one, he might displease the other. Whom, for his uprightnesse, [...]. Iuvenal stiles Iustum, and for the care of the Republique, which [...] [...] [...]. Demosthenes averres he had in all his Lawes, [...]. 190. Ari­stophanes termes, [...], a lover of the people. In [...]. Plato brings him learning his Lawes from a Barbarian: And In [...] [...] 6. 1. 31 Plu­tarch tels us that he travelled after wards into Aegypt. But it seemes by L [...]b. 22. Ammianus Marcellinus, that in the making of his Lawes he had the approbation and iudgement of the Ae­gyptian Priests. Et Solon adiutus sententiis Aegypti Sacerdo­tum, latis iusto moderamine legibus, Romano quo (que) Iuri maxi­mum addidit firmamentum. [...] Diodorus Siculus relates two things brought from thence to the Athenians by him. First, that all the Aegyptians were compelled to bring to the go­vernours of the countries their names written, and by what meanes they sustained themselues; wherein if any were found false, or that lived by uniust gaine, hee fell into danger of life. Secondly, it was a custome 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 subiect to the creditor, the bodie addicted to the Cities in which they lived. Neither was it fit that Souldiers, who were to undergoe hazard for their country, should for usurie be committed to prison, or the country bee in ieopardie for the avarice of some one man. Which induced Solon to make the first decree, as [...] vitae Solon [...]s. Laertius and In Solone p 62. l. [...]. Plutarch say, of freeing the bodies; which, if there were not where withall to satisfie the craving loaner, were compelled to serue. Hee therefore cut off all use, Pint [...]h. p. 6 [...]. as some write, or else Androtio. lessened the burthen of it, making it more moderate by his Law [...]: so called from [...], to shake off, and [...], an heavy weight. Forgi­ving himselfe first, [...] laud. as Laertius, seaven talents; or, as [...]. 62. [...] [...] [...], [...]. Plu­tarch, fiue. But this seemes to haue beene done for the avoi­ding of the aspersion cast upon him as accessarie to the iniu­ries of some, who having an inkling of his intent, borrowed [Page 97] much money with hope of never making restitution. In Laert. [...] 14. Casau­bon is conceited, that this was not his first exploit, but long af­ter he had sate at the sterne of the Weale-publique. Yet it seemes probable; There being no more compendious way to make a man popular, then to giue liberty to the common peo­ple. Which he, to bring in an innovation of Lawes, did wil­lingly invent; and they afterwards lovingly accepted. For in testimonie of their approbation, they kept a festivall named Plutarch. p. 62. l. 43. [...]. Here likewise may you obserue the ancient flat­tery of the Athenians towards their owne vices, putting gil­ded names on those things, which themselues were ashamed of, calling Plutare. loc [...] laudato. [...] &c. as our blades name drunkennesse good fellowship; whores, shee sinners; and niggardise, thrif­tinesse; springing from this root of Solons, who called [...]. Demost. p. 477. To these Lawes two ends were proposed, mutuall commerce, & direction of behaviour to­wards the state. Idem p. 484. To curb wickednesse, and uniustice; and to punish offenders that they might be bettered. And although they were the ordinances of Draco and Solon, yet may wee fitly call them the Athenian Civill Law. Each Citie, as Insticut [...] Tit. 2. Sed [...] quidem civile ex unaqua (que) civitate appel latur, veluti Atheniensiū. Iu­stinian 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 Sch. Apollo. Rho. Argo. 4. [...], triangular, if wee may beleeue the In Avibus pag. 604. Scholiast of Aristophanes, who quotes Aristotle and Apollo­dorus, witnessing that they were called [...] also, [...], frō the elevation. Vide Plut. pag. 66. Some are of opinion that the Rites pertaining to the Gods and their wor­ship were written in the Cyrbes, and Lawes belonging to men in the Axones. Apollodorus sayes that all decrees are called Cyrbes, because they were written in stone, and so set up, [...]. which from their standing, were termed [...]. I knowe that decrees, merits, praise and dispraise too, were written in▪ stone. Whence Vide Non­num in N [...]. [...], [...] may bee put for a Treatise [Page 98] tending to a mans disgrace. But this by the way. These Ta­bles were kept in the Acropolis, translated afterwards to the Prytanaeum by Ephialtes, where to the dayes of In Solone pag. 60. Plutarch, some reliques of them were to be seene. The Autographon or coppie written with his owne hand was not removed, but those that were transcribed by them. Because in matters of doubt and controversie they might haue 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 mee it seemes improbable, for then the number of the table ought to bee ci­ted; and indeed, one Table sometime could not containe a Law. For we read in Solone pag. 63. l. 37. Plutarch, that the eighth Law was cut in the thirteenth Table. I am not averse from the guesse of Petitus, who supposes the Oratour to meane 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 Lawes being written [...], couverso sive retrogrado literarum ordine, saies In Pausani­am p. 426. Silburgius; which In Eliacis pag 174. Pausanias ex­plaines, [...], from the right hand to the left, Eodem lib. pag. 165▪ or more significantly, [...]. When the second verse be­ginnes at the end of the former, as in the race which they call Diaulus, or if I shall speak nearest to the word, as husbandmē turne their Oxen when they plough, as for example. [...]. [...]

See those that haue written of divers waies of writing.

They therefore take the lower, that is tvrned, [...]. After this manner were the Lawes written, and doubtlesse there were some customes as strong as Lawes. For although the Lacedaemonians governed by tradition of custome▪ and the Athenians by written statutes, as Contra Ap­p [...]onem Vide Iusti [...]anum. Inst. l. 1. tit. 2. Iosephus, yet surely had their customes great force, insomuch as In Avibus pag. 576. Aristophanes uses [...] for [...]. Pag. 577. Scholiastes. [...]. So did the Vide Iusti­nianum. Greekes [Page 99] divide their Lawes into [...], written and un­written. The unwritten, sine scripto ius venit, quod usus ap­probavit, vse. The In Aiacem Locarium. Interpreter of Sophocles thus. [...]. A Law is a writ­ten custome, and a custome an unwritten Law. Besides these there were decrees, which they termed [...], psephis­mata, a word used by In Orat. pro Flacco. Cicero, nothing different, [...]. Cont. Lept. p. 296. Demosthenes. who meanes in ver­tue and power. For they differ much. Aristides. Tom. 2. p. 30. A Law maintaines iu­stice once found, common for ever. A Psephisma followes the necessitie of the time, as it differs in events: it directs not warlike affaires, but is applied unto the occasion of armes, and as lawes can bee abrogated, so degrees changed. And here ought we to note, Demosthen pag. 416. that no decree is greater then a Law. Of decrees there were two sorts; Demosth. [...]. P. 417. [...], such as the Senate by it selfe established, which were but of twelue moneths continuance; to the confirming of which, the people were not convocated, or their consent required, termed Vlp. in Dem p. 418. [...], which Demosthenes proues to be [...], Ulpian. [...]. Like to the edicts of the Roman Praetors which lasted but a yeare. 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. Vlpian loco laudato. [...]. And therefore we may easily knowe a probuleuma from a decree of the peoples confirming, by this observation. [...] only, giues us to wit, that it is a probuleuma. [...], in the beginning of a decree, shewes it to be [...]. The Senate alwaies sate in consulta­tion about that which was to be enacted, whether any dam­mage might accrew to the State by it or no, the Law com­manding that no decree should goe forth without deliberati­on. Vlp. in Arg. Orat. And. p. 181. Vide Dem. p. 182. n. 10. vi. Plut. Solone. p. 63. l. 31. [...]. Which done, the Prytaneis took certaine Tables and wrote on them [Page 100] Such or such a day about such a time there should be an assembly to consult of these and these affaires: and this they called 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 hee was brought in question of life, who should presume in making a decree to pretend a fallacie. Now because future time might haply per­ceaue some inconveniences to arise by oversight in their Law giuer, and that as abuses should happen, which in his daies were not discerned, so there would be a necessitie of making new statutes: It was ordained therefore that every yeare there should be [...], which Demost. p. 445. Ulpian expounds [...]. A consideration of what ought to be done concerning the Lawes. V [...]d. Dem. loco [...]. The manner was thus. Every eleaventh day of Iuly in the assembly after the Crier had made his prayers, as his fashion was, and shall anon be spoken of, the Lawes were read over in order. First those which concerned their Senate, next the weale-publique, and thirdly the nine Archons, & afterwards the other Magistrates. Then was it demanded if there were Lawes enough for the Senate, and so for the Common-weale, &c. If any of the Lawes in force were to be abrogated, it was adiournied untill the last of the three daies of the three Cōvocations. On which the Prytanes, appointed for the revising and reciting of the Lawes, were to take the matter in hand. The Proedri chiefe of the Assembly, were to [...] Demosthen. Vlp. expe [...]ds [...]to report. acquaint them with it. Fiue men at the first meeting, were chosen out of all the Athenians, who should patronize the Law to be abolished; and accor­ding to the iudgement of the Nomothetae, chosen out of the Councell of fiue hundred, was the businesse carried, that the Lawes should be of none effect, or full strength. Whosoever would bring in a new Law, was to write in a Table, Cont. [...]. p. 446. [...] Demosthenes, the forme thereof, and set it up at the Sta­tutes of the Heroes before spoken of, D [...]most▪ p. 297▪ [...] [Page 101] which standing in a place conspicuous, that some certaine daies before the Sessions, any Citizen might read what was to be handled; and if any so pleased, he might at the proposall of the Law declare his minde either for▪ or against it, as at the preferring of a Bill in our High Court of Parliament, where it is not denyed 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 hee, who attempted to enact a new Statute, should take care for the disanulling of the old, that might con­tradict it, otherwise hee came within the compasse of [...] ▪ a writ of Transgression of the Lawes: which was of two sorts. First, when time is not observed in writing thē, Vlp. in Dem p. 297. [...]. Next when one is made that is ad­verse to a former. And if it so hapned, that any perswaded the people to make a Law that was not commodious to the weale-publique, hee might bee questioned within Dem▪ Orat. Arg. con. Lep­unem. a yeares space▪ Dem. p 419 but if the time was expired, he could not. 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 doe it, his neck adorned with a halter, that if his request pleased not, hee straight way powred out his soule under the hands of the hangman. Their Orators, which are called Geli [...]s [...] c. 13. Is. Ca [...] ­listratus Athe nis Orator [...] ▪ it, quos [...] [...] appellant. Livie Dec. 4. of Athens. u­b [...] Oratio plu­rimum pollet, favore multi­tudinis alitur. Vlpian. [...] [...], be­cause they lead the people with their Rhetorick and flattery, wrote Lawes and decrees, as we learne out of Pag. 468. [...]. 225. Demosthenes; and therefore are they deciphered by Dipnos, l [...] Athenaeus, [...].

CAP. II.

De Comitiis. [...] & [...]. &c.

THE Assemblies were called by the Prytaneis four [...] time [...] [...] thirtie dayes. [...] In the first they confir­med [Page 102] the Magistrates in their offices, if all things were mana­ged well by them, otherwise they put them out. They heard publique causes, looked into confiscate goods, and possessions left by inheritance. In the second, any one with leaue might freely speake of private and publique affaires. In the third they gaue audience to Ambassadours, who before ought to de­liver their letters to the Prytaneis. 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 finde a difference betweene the In Achar. p. 371. Scholiast of Aristophanes and Vlpian in the daye on which they came together, one making the first day of the Moneth to be the day on which the first assembly was, the o­ther h In Dem. p. 445. the eleaventh of the Prytanea, which seemes truest. And whereas they both write that every month there were three lawfull 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 seeme to haue been called [...], because in them they did [...], establish decrees, as the In Acharn. Scholiast of Aristophanes. Other assemblies there were which are termed Vlp. & Sch. Arist. loc. laud [...], when war, or any sudden accident troubled the State, then the people were cal­led together over and aboue those foure times in a Prytanea. They are styled [...], because the people of their own ac­cord met on the other dayes; but when they would haue a Convocation some went about the Citie and called them. There is likewise Poll. p. 405. [...], when they were summoned out of the fields to goe to the Assembly. It seemes to me that the Crier in the streets on their lawfull assemblies gaue some token when they should hasten; and so much In concio­nantib. p. 725 Aristophanes witnesses, bringing in the women speaking that it is high time to be stirring, because the Cryer— [...], had cryed the second time. And indeed need was th [...]e of some [Page 103] warning, & compulsion too; for so slow were they in com­ming to assemblies, that the Logistae were faine to thong them to the meetings, as the Schol. of Aristophanes on these words, In Achar▪ p. 406. [...]. Sometimes they took a rope, and dying it with red earth, they sent two slaues 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 certaine peece of money. Hence in the Aristoph. A­char. p. 371. Comoedian -▪ [...]. Vp and downe they shun the cord stained with Vermilion. And againe— [...]. Iupiter, the red earth which flew a­bout made laughter. Schol. 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, least peoples intent on their traffique should absent themselues from the Assemblies. Whē they had met oft times the company would bee dismissed at some prodigious signe, as thunder, lighning, tempest, and the like, which they called Vide Arist. p. 379. [...]. : Plut. p. 386. l. 7. & 384▪ l. 34. and earthquakes, or o­ther occasions, deferring the Assemblies meeting untill the next day. When they were come together, and the Senate ready to sit, one man sacrificed; which rites were called Demosth. [...]. 241 [...], because they were done at the entry of the Councell. Vide & Vl­pian. p 351. Vlpian. [...]. I will not iustly say that it was the purification made with a young pig, before the bench was sate▪ and yet I may presume to averre it; the Grammarian that interprets In Concion p. 728. A. Aristophanes witnessing that immediatly preceding the Sessions this cu­stome was observed by one, whom they named [...], from [...], which signifies cleansing, because by that he purged the Assemblie, Theater, and congresse of the people. After they were sate, Demosth. [...]. 213 the Cryer did pray for the good of the people▪ Demosth▪ p. 418. and cursed those who should offer to de­ceiue the Senate or people. After this, hee spake with a lowd [Page 104] voice, [...] Austoph. p▪ [...] [...]. D [...]od. Si [...]. l. 15. [...]; Who will make a speech; where­upon one of the Demosth. p. 29. Aeschines contra Ctes. initi [...]. Elders arose that gaue his verdict, it being not permitted to any to utter his opinion, before the reverend hoary head had spent this iudgement▪ Whence by Philippi [...]. 1. Demosthe­nes they are stiled [...], those that were wont to orate. After they had finished their sayings, others had leaue to de­clare themselues. Neither must we omit the fashion they had to exclude all private men from their assemblies sometimes, when the Senate alone sate, or the Areopagitic all Councell; sometimes to debarre all servants, strangers, and men depri­ved of their liberties from their convents, which at other times they admitted, and then was it called Plu [...]. p. 552. I 11▪ 17. [...], an open Theater to all commers. The place of meeting was called [...], Pnyx, [...] ▪ from the frequent concurse 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 bee at leasure with­out dammage. Aristot. Pol. l. 1. c. 13. They assembled also in Piraeeus. Vlp. in Dem.

CAP. III.

SECT. I.

De Tribunalibus Atticis, & primum de Senatu [...].

VVHen the mutinie betweene the faction of Mega­cles & Cylo disturbed the Attick common wealth, Solon perswaded the people that those, whom for their auda­citie in drawing away the suppliants from the Altars they named [...], should undergoe iudgement, there were cho­sen [...]. Sol [...], p. [...] [...]. three hundred men, [...] ▪ according to their worth, to sit upon the case. But these were not a perpetuall iudicato­rie For when the people murmured at the cutting off of the [Page 105] usurie money, then was the l Grand Councell ordained; out of every Tribe, which were then but foure, an hundred cho­sen, who by their advice should direct the people in those things which were to be handled, least any thing should be in­ducted, or proposed to the Assembly, without due considera­tion. Who from their office in a Democracie, Polit. l. [...]. c 8. Aristotle saies are more properly called [...], but where the Rout rules, [...]. But when Clist henes, who by Plutarch is termed [...], had augmented the number of the Tribes from foure to tenne, eightie six yeares after Solon's Lawes were received, he made the number fiue hundred, ta­king fiftie of every Tribe, which doubled ten times make up the fumme. This Councell by Aristotle is described [...]. The Mistresse of all the rest, and I am not of opi­nion that [...] in In Solo [...] p. [...]3. Plutarch, is to bee understood of the Areopagus, as if that were aboue the Senate, but as instituted first by Solon, and so related by the Author. And yet I knowe Possardus. false▪ for Pau­sanias calls [...] [...]. in Att. p. 27. l. 1 [...] one writes. Tam dignitate, fama, quàm officio, secundum post Areopagitas locum obtinu [...]. To this Councell none was cho­sen under thirtie yeares of age, which time is stiled [...] by In Arg. orat. con. Androt. Libanius. And doubtlesse Vita d [...]cem Rhet. p. 378. Plutarch iustifies it speaking that Demosthenes wrote his Orations against Andro­tio, Timocrates, Aristocrates, [...], when hee had not attained to the managing of state businesse, because he wanted two or three of thirty yeares. Agreeing to this is Stobaeus serm. 112. Iuneus, who saies that Solon admitted none very young, though very wise to Magistracy or Councell. Nay the In Nub. p. 157. Scholiast of Aristophanes tels us that greene heads were not permitted to speak publikely. The Law prohibiting any to at­tempt it under fortie, or as some say (which is truest) thirtie, on these words,

[...].

Which to be otherwise understood by some, is not hidden from me▪ They were called likewise [...], as well as [...], and their Tribunall [...], from the word Vlp. in De­mos. p. 445. [...], [Page 106] which signifies to throng together, because the people were frequent there. But the more probable reason is, Vlp. lo [...]. [...] [...]ide & Austoph. S [...]. [...], because the place was open and exposed to the Sunne. And in respect of this [...]. 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. Dem. Orat. [...] Tim. [...]. &c. I will giue sentence according to the Lawes, and decrees of the people of A­thens, and Councell of fiue hundred; I will not consent to bee a Tyrant, or bring in an Oligarchie: Neither shall my approbation be to any that will dissolue 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 exild men, or those that are condemned. I will not thrust out of the citie any innocent against the Lawes and Statutes of the Athenians and Senate of fiue hundred▪ neither by my selfe 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 beare the same office twice, or two in one yeare. I will not take gifts for iudgement, neither my selfe or other for me, or others with my privacy, by fraud or deceit. I am not younger then thirtie. I will heare both parties, the accuser & defendant alike▪ I will passe iudgement aright on the thing prosecuted. I sweare [...] by Iupiter, Neptune, Ceres. *There is also another oath which they took; some clauses whereof, wee haue left in re­cord. To ratifie the Lawes of Solon. Plutarch in Solone, pag. 62. To giue counsell for the best of the people. To advise according. [...] the Lawes. I will not binde any Athenian who shall giue three [...] of the same revennewes, unlesse for treason, or hee con­spire the subversion of state popular, or buy custome, o [...] b [...] enga­ged, or gather publique money and not pay it. I will sit in that or­der which lot shall direct me to. I will not permit any unlesse [...]a­nished, [Page 107] to be accused or imprisoned for what is past. This last was made after the driving out of the 30 Tyrants, when Vide Xeno. in [...]. [...]. P [...]l. 1. [...] [...] [...] 2. p. 84. [...] Sch. in [...]. [...]. [...]ont C [...]siph. Thra­sybulus gaue them to oath [...], not to remember ancient wrongs, which they call [...]. The authority of this Councel was great, for it handled causes of war, tributes, making of Lawes, civill businesses and events, affaires of con­federates, collections of money, performance of sacred rites, accounts of offices discharged, appointing keepers for priso­ners, and [...] of Orphans, as Xenophon. 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 Lawes are abrogated, new made, right and possessions of private men changed, formes of religion established, Subsidies, Tailes, Taxes, and impositions appointed, waights and measures al­tered, &c. As not unlike also the Venetian Gran Consiglio, or Senate, of which the Contarene. As Eranch [...] Andi [...] hath trans [...]a­ted [...]. lib. [...]. fol. 34. B. Tutta la cura del govern [...] della Republica appertiene al Senato, &c. The whole manner of the Common wealths government belongeth to the Senate. That which the Senate determineth is held for ratified and inviolable. By their authoritie 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 againe and defrayed, &c. In a word, I may say of these fiue hundred, as In Pandect. P [...]o. p. 298. Budaeus of the Parliament of France: Amplissimam [...]am curiam causarum (que) omne genus disceptatricem iustam ac legitimam esse, that that Court is most ample, and iustly and equally decided all sorts of contro­versies whatsoever. Dem. p. 385. To their charge was committed the making of new ships, for which at the yeares end they were to be rewarded by the people. To this alludes Av. b. p [...]46 Aristophanes. [...];— [...]. A [...]. p. 93. Without their consent could the people doe nought, as in­deed they made not any thing sanctum against the peoples wills. Hence in Pag. 234. Demosthenes, [...]. In testimonie of their preheminence are they termed Demosth. [...]. [...]. and Idem [...] [...]. The Lords of sentence. In [Page 108] time of warre they would send Commissions to their Cap­taines, as they thought requisite. Plut. in Ci­mone p. 3 [...]6. [...]. Such as in the battaile be­tweene the Lacedemonians and their country men in Tana­gra, where fearing least Cimon banished by Ostracisme should betray them to the Laconians, they sent to the Commanders not to entertaine him in the Armie. This honour was not during terme of life, but every yeare changed. Apostolius. [...]. Which Anonymus in Arg. Orat. contra Androt. expresses by [...]. The manner of choosing them is this. Ve [...]o Em­mius in De­script. Re [...]p. Athen. The chiefe of every Tribe, on an appointed day before the beginning of the moneth Hecatombaeon, brought the names of all their Tribe that were capable of this dignitie, and cast them written into a vessell, and into another they put an hun­dred white beanes and all the rest blacke; Then drawing out a name and then a beane, to whose chance the white beane fell to be extracted with his name, was designed Sena­tor. This they did when they had but foure Tribes, and so foure hundred Senatours. But when they had ten Tribes, there could be but fiftie white beanes, to the making up of the tenth part of fiue hundred. This differs not from the ele­ction observed by the Cont [...]en. l. 1. fol. 11. [...]. Venetians upon the fourth day of De­cember, when the names of al the young men that haue not by lot obtained the right of citizens, 'nor passed twentie fiue yeares old, are put into a pot, and carried unto the Prince, and there the same set before the Councellors, with which there is another pot, wherein are round balls equall with the num­ber of the names written in the first, every one having his markes, the fift part of these bals 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 drawne, is presently admitted to publique authority, they to whom the silver chance, loose it for that time, expecting it the ensuing yeare, unlesse in the meane space they accomplish twentie fiue, at which age all the young Noble men partake [Page 109] of the Cities liberties. So every yeare the fift part of the yo [...] ­kers is chosen to giue voice with the other Citizens. The use in choosing I deem the same, & shall untill I finde authentike writers cōtradict it. But the number, as augmēted by Clisthe­nes according to their Tribes, so by his successors. For when they added two, the number was encreased 100, by reason of the Tribes Antigonis & Demetrias after named Attalis and Ptolemais in honour to the Kings of that name which were benefactours to the State; Stephanus [...]. [...] Arist▪ [...]hol. p. [...]7. Out of these were their Iudges chosen; but such as were aboue three score yeares old. For although juniors were admitted into this company, yet none judged under that age. [...]. To these was any businesse referred, of which the Senate and people were in suspense what to determine. In Verpis. p. 471. Aristoph, [...]. When the Councell and people are in doubt how to iudge a great matter, They decree to deliver over the guilty to the Iudges. And no mar­vell. For the office of a Iudge is [...], prerogatiue in sentence, saies 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 yeare of the ninety second Olym­piad I knowe not. Afterwards they sate 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 fiue men, and to which one of them the chance happened, he sate Iudge. I cannot say that the manner of election was like that of the C [...] V [...]r­rem A [...]t [...]. Syracusans concerning the Priest of Iupiter, who taking the names of so many as were nominated, and casting them into a pot, created him, whose name should first be drawne, of that sacred function. But of our owne must I speake. 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 Iudicatorie, (For there being ten Tribunals [Page 110] every one of them was noted with a red letter, Α, Β, Γ, Δ, Ε &c to Κ over the dore) time calling them to sit, they drew lots, and he to whom A. was taken out, sate in the Court noted with A. and B with B, and so to K. This done, they shewed their lot to the Praeco of the Iudicatorie, who gaue them their Wand & Table▪ This they did, least any should rashly attempt to sit, and pervert Iustice. I know not whether I may better call that rod of authority a wand or staffe: because that Suidas pro­verb. [...], was a proverb used in di­rision of the Iudges. Sch. Aristop. [...]. 30. This staffe at the daies end they brought to the Prytanes, who gaue them their wages; But the In Equites. pag. 301. Scho­liast teaches us otherwaies, saying that the Demagôgi paid them, it being manifest out of Cleon's words the Oratour, [...]. - Iudges which I feed. Their pay was not alwaies the same, [...], In Nubes pag. 174 saies the Interpreter of Aristophanes. First they had obolum, which Calistratus, surnamed Parnytes was author of. Hence the proverb Appendix [...]. [...]. Afterwards it was aug­mented by Callicrates, and from him grew the word [...], it may bee for a pretty summe of money. Nay it d Zenobius. changed, for now I read of [...] one, and anon [...] three, a Sch. Aristop. pag. 487. Drachme to two. And therefore may wee conclude that it was sometime more, sometimes lesse. Thus having spoken a little of their Iudges, I proceed to their cases of Law, in which I shall adde.

When any had received wrong in Athens, it was their cu­stome to make their cases knowne to a Magistrate, whose of­fice it was to report to the Iudicatory. And this they did by a Table in which was written, [...] 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 Asinaria Act. 1 p. [...]4. Plautus alludes. Ibo ego ad tres vi­ros vestra (que) ibi nomina Faxo erunt.- when this note was gi­ven up, the Magistrate asked the Plaintiffe, whether hee had [Page 111] witnesses and would prosequute the matter, who answering that he intended it, had thereupon authority to summon the Defendant to his appearance, and this hee did either by him­selfe, or other, called therefore [...], Sch. Arist. 100. for [...] is [...], a bringing into suit. [...]. The word signifies a witnesse also. For when they warned any to the Tribunall, they bad any that stood by to testifie that they had admonished them. Sch. Arist p. 442. [...]. You may [...]use [...] for an apparator, Sergeant, Bailiffe or the like. Sometimes they would runne streight to the Court, as it were headlong, in [...] p 596. [...] Demosthenes his phrase, sometimes the Suiter would forth with draw the Defendant, if he were loath to come, as you may see out of In Vespis pag. 487. Aristophanes. [...]-. But if the partie could put in two [...], sufficient bayle, he was dismissed. Hence in the A [...]st. Con­cio. p. 75 [...]. Comoedian. [...]. I will procure thee a couple of able sureties. Sometimes they would appoint a day of appearance, that might be a weeke or more, after the vocationem in ius, at which time if the Defendant were not personally at the Iudgment seat, he came within compasse of [...], a Writ of Eremodicium, refusall to come in and answer. Which was a­voided by suing for a [...] in tenne daies after. For when the partie to defend was absent, hee was condemned indict [...] [...]ausâ, so 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 [...], Vlp [...] D [...]m [...] [...]43. [...], because in the beginning it seemed to carry some power, but at last was nothing: The businesse then made a new, the partie that was cast by an [...], after that he had obtained a [...], was [...]. l [...] [...]. within two Moneths to set the Law on foot, which they terme [...], or else the sentence given before was ratified. Whosoever should offer to call any man to the Court, unlesse upon good grounds, was [Page 112] liable to [...], a writ of molestation for a false cause. Having thus far proceeded, the Impleader gaue in a Libell, which held contents of his action, and the summe of the defendants answer. This the Greekes call [...] [...], Antigraphen. Though I knowe also that all cases in law were termed Aust. Nub. p. 1 [...]4 v. Sch. [...]. They tooke this course be­cause the Defendant might knowe what to answer. And be­cause it was ordinary in Athens for kna [...]es to accuse out of envy, which is [...], they made a Demost. p. [...]6. n. 7. Law, that whosoever accused and had not the fift part of the voices, should be fined a thousand Drachmes. And he that could not proue his obje­ctions was also punished in the purse a certaine summe; Arist. Schol. p. 170. which if he paid not at the constituted time, was foure fold; & if his abilitie reached not so far, he suffered imprisonment. At the presenting of the Antigraphe, testimonies were also delivered, (formes of which you shall often meet with in Vnum [...] Stephan. [...]. p. 622. a [...]d p. 624. 629. Demosthenes) & a copie of an oath, which the Suiter gaue, in these words Sch. Arist. Vesp. 505. [...], that he would justly accuse. [...], that he would according to truth make his Apologie: and this they name In Vesp. p. 467. 505. [...]. These wri­tings were cast into a certaine coffer, forth comming as occa­sion should require; all which In Ves [...]. p. 504. Aristophanes in one verse comprehends. [...]. They ioyned or put together oaths, citations, and testimonies. I so interpret it against the Scholiasts minde, who will haue. [...] to be exhortations given to the Plaintiffe and De­fendant to come to composition. But I know that Sch. Arist. 2 [...]9. [...], to accuse, in ius rapere, Idem p. 195 and [...]. The chest or coffer was called [...], and of this are the words of the Greeke Oratours to be understood D [...]nosth. 622. n. [...]. 629. n. 8 [...]. 640. n. 22 6 [...] n. 65. 6 [...]5 n. 66. [...]. Ch [...]act [...]. p. 2 [...]. Theophrastus of a mad man that would entangle himselfe 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 [Page 113] that which other Grammarians doe, confounding, as is most probable, the [...] and [...] with [...]. For [...] is that first oath which the Plaintife gave to prosequute, the party prosequuted to answere, which on the defendants side was called [...], and generally on both. [...] was a Sacrament taken by both, the Impleader that he did [...]nol. A [...] ­stoph. Vesp. 5 [...]5. [...], follow the delinquent in law: the defen­dant [...], to stand stifly to it that he did not trespasse. And yet [...]a Demost. p. 28 [...]. Ulpian makes both these one. After this were they that sued one another admitted to the Iudicatory, it being first demanded of the Suiter V [...]de [...] Dem. pp. [...]. 341 whether he would persequi, follow the suit, and had sufficient witnesse for evi­ [...]ence; in causes capitall it was asked if there were need of any, who could not then be present. This interrogation was termed Bud. in An no [...]. Rel. [...]. Pan. p. 341. [...]. If then any thing was deficient the judgement was prorogued by an Vlpian 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 performe it, but certainly would. Vlpian in Demost. 341. Perhaps for that time pretending sicknesse, 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 Tribu­nall, the Iudges first swearing Pollux. l. 8. pag. 406. that they would give sen­tence according to the Lawes, and in those things concerning which there were no Lawes, according to conscience and equity (which the Greeks call [...]) Dem. pag. 628. and of those things only concerning which they did debate. This oath seemes to have been taken at the Altar, from whence they brought their little stones (of these by and by) with which they gave sentence. Pag. 122. Plutarch. [...]. The oath is called [...]. Then went the Iudges to their seates, Aristoph. Sch. p. 239. neatly spread with mats, in Greeke [...] & [...], and all others being warned by the Praeco, to goe without the Bars▪ in this forme Demosth. [...], they sate down. For we must know that the Athenian Iudicatories were en­vironed in, as the Romans, with lettice I suppose, by them [Page 114] called Pollu [...]. lib. 8. p. 407. [...] Cancellatae, by the Greekes [...] Pollux loco citato. though [...] more properly signify the doore of the [...], before which was This is [...]. Pollux. a rope of fifty feet length drawn, and publique servants set, that none might enter, but who had businesse. The partition I think was but weak, and there­fore by Demosthenes called [...]. Within which none was permitted to come but the Iudges. And therefore p Pag. 485. when Plutarch. in Vita. Demosthenes did long to hear Callistratus plead con­cerning Oropus, he over entreated his Paedagogue that he would bring him, where he might have the happinesse to be an auditor. The Paedagogue therefore acquainted with the publique officers that opened the doores, [...], procured him a place where he might hear and not be seen, [...]. When then the Iudges had gone within the bars, least any should be wanting the Praeco cried Aristoph. pag. 494. [...], if any Iudge be without the doore of the place of Iudgement, let him enter. 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 Inditement, [...], (a copy of some part of which you have in [...] P. 567. Demosthenes. [...]; &c.) in which according to the cu­stome of the Boemus De. Costum del­le Genti lib. 1. cap. 5. old Aegyptians, 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 dammage; The severall heads of which the Iudges wrote downe, least the Impleader and defendant should swerve from what they had in hand. Then stood up the Suiter in a pulpit on the left hand of the Tribunall, and spake an accusatory oration, made for the most part by some of the Attick Oratours: which use brought in by Arist. Rhet. Antiphon the Rhamnusian, 1. c 33. [...] nat. 1. pag. 226. Clemens of A­lexandria calls [...], [...]a Bruto. Cicero, scri­bere aliis causas, quibus in judiciis uterentur, such as Lysias is reported to have done for Socrates: Which least it should exceed in length, was limited to a certain time, by a vessell, [Page 115] in the bottome of which was a small hole for water to runne, as sand doth in our houre-glasses, thence called [...], in­to which was poured an equall measure of water; and least there should be deceit, there was an officer made for that purpose, named Pollux l. 8. p. 404. [...], filling alike for the Impleader and answerer. Vlpian in Dem. p. 356. When therefore the glasse was runne, it was not lawfull for them to speak farther, Demosth. [...]. p. 586. nay for scantinesse of time they were com­pelled to passe by many things; and for that reason were they chary of their water, bidding that it should be stopped at the reciting of Lawes, or the like, which Demosthenes intimates in- [...] is to stop the nose in In Pluto. Aristophanes. Apologia. Apuleius. At tu interea dum legit, a­quam sustine. Pancirollus. Ne si aqua interim effluxisset, am­plius sibi dicendi praebita foret facultas, least 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 glasse was run­ing, he might; which Demost. testifies, [...]. But if he would not permit it, he bad the Praeco cast it forth Demosth. [...]. [...]. Ulpian. [...], From which kind of pleading it grew into a proverb Aristoph. pag. 617. [...], Tusc. Qu. l. 2. in fine. Cicero, ad clepsydram, to speak by the houre or an alotted time. His speech being ended, he sate down. Vlpian in Dem. 226. The defendant then sitting all that while over against him, untill he had finished, after addressed himselfe to his answere, which he made from the right hand of the Iudicatorie; where he had a pulpit, and station; For this reason saies Problem. [...]. Aristotle, because they would make both parties equall, For the Suiter 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 then he pleaded for himselfe; in which plea, he was only to wipe out those accusations which his adversarie laid against him, Vlpian in Demosth. p. 252 [...], And in that had the plaintif a prerogative. For he might [Page 116] object what he would; nay and as Loco [...]to. Aristotle, forecast all be­fore he commenced his suit, and feigne to himselfe what he pleased; The defendant, perhaps innocent, was at that instant to clear himselfe, Demosth. [...]. either by witnesse, or probabilities, of all doubts, whatsoever the plaintif could cast in. Sometimes the Plaintif and Defendant would desire Advocates of the Iudges▪ [...], hence Clemens Al [...]nd. These [...] certain pe [...]oggers under them, that ad [...] the Lawes 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 seemes to me, either in, or very nigh the Iudicatorie) and swore. Corneliana Vide at A [...]i [...]. l. 1. c. 1 [...]. Cicero. Athenis aiunt cum quidam apud eos sanctè graviter (que) vixisset, & testimonium dixisset publicè, &, ut mos [...]raecorum est, jurandi causa ad aras accederet, una voce omnes Iudices, ne is juraret, reclamasse. They report that in Athens when a certain man ( Vide [...] in [...] [...] Xenocrates) who had lived Godly and gravely among them, had given witnesse, and as the fashion of the Greekes is, approached to the Altar to take oath, all the Iudges with one voice cried that he should not. (They would not, it seemes, have beliefe rather be bound with re­ligion then truth) Fit to this is the answer of Pericles to a friend of his desiring him [...] to testify a lye, which he was to avouch with an oath, I am your friend, quoth he▪ to the Altar, that is, as farre as conscience, religi­on and honesty shall permit▪ hence [...] us (que) ad aras, 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 eare (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 witnesse by the eare, for re­membrance sake. Horace lib. 1. Sat. 9. Licet attestari? ego ve­ [...] auriculam—To which Virgill looked, saying Cyn­ [...]us [...]urem ve [...]it & admonuit. F [...]log. 6.) and at the end [Page 117] thereof wish all destruction to themselves and house if they dealt Falsely. Which if they did, they were subject to a writ [...], of false witnesse, and he that suborned them [...]. Sometimes the witnesse was not present at the doing of the wrong, but took it from others by hear-say, which the Greek Lawyers terme [...] as 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 passe. As neither theirs who were discarded the liberties of the Citty, [...]; or servants, or any man in his own cause. V [...] in Demost [...] [...]. The manner of witnesse was two­fold, either by personall appearance and testifying [...], and then he was called [...], in no case lyable to the Law, [...]: or else by writing, by which he offered him­selfe 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 ho [...] ­low, to whom he seemeth not, the whole or white. For we must know that anciently the Greekes gave their sentences with black and white pebles, called Aristoph. 438. [...] (which the French semblably terme Porcellaines, [...] porcus) Metamorph. 15. [...]. 1. Ovid.

Mos erat antiquis, [...]iveis atris (que) Lapillis,
His damnare reos, illis absolvere culpa.

The antique fashion was with white stones to absolve, with black to condemne the accused. Pertinent to which is the saying of Alcibiades, when he was called out of Sicilie to goe home and answere for his life, counting it foolish to goe thither, whence he never was like to escape; when one as­ked [...]n. [...]. lib. 1 [...]. c [...] ▪ Plut M [...] p▪ 1 [...]. [...]; Wilt thou not trust thy country which begat thee to be thy Iudge? [...], quoth he, [...]. No not her, that brought [Page 118] me forth. For I fear least shee 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 beanes; in respect of which Pythago­ras is thought to have spoken as a riddle [...], not to eat beanes, by 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 meanes men ought not to be forward in getting places of Iudgement. For Pagina 290. [...] in A­ristophanes is by the Scholiast expounded [...], and Lysistrata. p. [...]70. [...] is used for a Iudge, which properly signifies an eater of beanes. But afterwards they had little pellets of brasse; The bloody ones of them were peirced through, therefore termed, Pollux. l. 8. pag 407. Vlpian. in D [...]m. 47 [...]. [...]: the saving were whole, [...]. Of these every one took, of each one, from the Altar, as I have said, Vlpian in Dem. p. 162. where laying their hands upon the [...], or bals, they intimated by a transposition of them (as from the black to the white, and from the white to the black againe) that they would not for envy or by respects, but indifferently and tru­ly judge. When then they were ready to passe sentence Aristoph. 485 the Praeco carried about the [...] or [...], a certain pitcher (for so Pag. 263. Xenophon calls it, [...]) having on the mouth of it a conveiance like a Tunnell, 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 deceipt, I suppose, least one man might cast in more; and therefore were they to touch the [...], only with the forefinger, middle, and thumb. Pag. 43 [...]. vide Scholiast. Aristoph. [...]. But we must know that the black and white pellets were not promiscuously cast into one pot, but two; Aristoph. Vespis 500. The one which freed was made of brasse 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 [Page 119] woodden [...]. After the Crier had gone round with both, because some would keep their bals, and for favour not give their voice against a friend or great person, therefore he cried 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 numbred them; and in matter of lands, mony or the like, whose vessell (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, least they should mistake the one for the other or wittingly doe it. For so were they wont to doe; thence named Schol. N [...] ▪ in [...]. [...]. Which 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 amisse [...]. Schol. Arist. 438. When the number was known, if the white or solid bals 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 Aristoph. Vesp. loco. cit. [...], may be used, for to condemne every body. The thing it selfe they termed Pag. 491. [...], as Aristophanes. By this the one party being over­thrown ( Aristoph▪ p. 472. as none ever was without the sentence of the Iud­ges) his adversary wrote down what dammages he should pay, which they terme [...]. [...]. [...]. 454. Plutarch▪ [...]. Schol. 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 sweare 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 undergoe somewhat; and after­wards [...], that is set down what losse of limbs or life, or meanes &c. For although they did Schol. A [...]st. 74 [...]. [...] give their estates as pledges to answere and meet at the Court; yet it may be that might be lesse or more then the fine. There was [Page 120] in causes capitall an other proceeding, like to that in the City of Contaren. de Rep. [...]. lib 3. Uenice; where they gave two sentences. In the first they determined whether they should condemne 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 bad the accused to fine himselfe, which Apolog. Socr. p. 265. Xe­nophon intimates by [...], and if it were too little the Iud­ges doubtlesse made it more, as the Scholiast of Aristopha­nes, if I forget not: The custome is set down by De Orat. 1 [...]ol. 61. b. Cicero, speaking of Socrates. Ergo ille quo (que) damnatus est &c. And he too was condemned: nor only by the first suffrages, but also by those which by the appointment of the Lawes they were to give the second time. For in Athens the accused being found guilty, if the offence were not capitall, they weighed and considered the penalty. When the sentence was to be given by the Iudges, they asked the defendant, what he thought himselfe to have deserved to forfait, &c. (In the Ve­netian Common-wealth this is not observed.) In tryall if there be more for the prisoners liberty, then against him, he is streight acquitted, but if more then halfe be in the pot of con­demnation he suffers. [...]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 Pag. 436. De­mosthenes of Cimon like to be punished with death [...], if three had not been wanting. And againe Pag. 430. [...]. Nay one was suf­ficient, Pag. 338. Demosthenes. [...]. But Vlpian on the place [...], saies, that he was lightly punished. Aristoph. p. 244. If the voices were equall, then 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 Probl. [...]. Aristotle: therefore did the Lawgiver [Page 121] leaue some place for pitty and compassion. To which the Iudges were often moved. And therefore would they plead the Dem. p. 492. deserts of their ancesters; their own liues formerly wel led. Aristid. T. 3. p. 292. Sometimes shewed they their wounds; and brought n Aristid [...]oco cit. [...]. the venerable gray haires of their parents, but Dem. p. 493 mothers chiefly, to intercede in silence: Sometimes embracing their children in their armes, they held them up in the Iudges view; or caused them to Aristop. pp. 469▪ 499. come up into the [...], or pulpit, & supplicate with teares; which wrought so much upon the Iudges, that Vesp. p. 499 Aristophanes in a scoff presents one [...], drowning his sentence in weeping. Then in compunction would the Iudges speak to the prisoner, Sch. Ar. 500 [...], wishing him to goe downe from the [...], a token often of mercy; though now and then it proved otherwise. Nay it was a word of displeasure too, as when L [...]ert. Socr. p. 115. Plato would haue beene Advocate for Socrates. [...], they thundred out, [...]. Neither may I forget Aehan Vor hist. l. 5. c. 19. Amynias the bro ther of. Aeschylus the Tragoedian, who, when the people would haue stoned his brother for some impietie brought on the stage, held up his elbow and arme without a hand, lost in the fight at Salamis: by which spectacle the Iudges calling to minde the merits of Amynias, dismissed the Poet. Neither may I omit what Athen. Rep. [...]. P. 404. Xenophon obiects to them, that they cared not so much for iustice, as regarded what might conduce most to their owne profit, and be convenient: Apol. Socr. initio. And that they condemned innocents, and spared offenders that could speake well. Furthermore another fault of theirs was the prolong­ing of cases a whole yeare, saies Athen. Rep 406. Xenophon, and [...]. 752. 753. They are tran slated foolish­ly into latine. [...] is what the Proctours in the Civll Law usually mean by in proxi­mum, in pro­ximum. Aristopha­nes. [...]. Now we doe not handle suits of aboue three­score yeares, but we are put off untill the next day. [...]. For wee come to triall within twenty yeares. This Xenophon imputes to the multitude of their im­ploiments. As long as the case hung in suspense, the name of [Page 122] the accused was (as among the Romans, whence Budaeus in Pand. No. Re­ [...] p. 31. Rei pendu­li) exposed in a publique table to the view of all men; which they terme [...]. Demosthenes. [...]. l Demost. in M [...]d. 347. Vlpian. [...]. You see here the place too, viz. at the Statues of the Eponymi. Before a man was con­victed, all that they obiected to him was but [...], by Cont. An­ [...]o. 388. De­mosthenes termed [...], a bare report; but after proofe [...]. After iudge­ment past, Dem. p. 406 [...]. An inditement of sacriledge, theft, murder, treason, is but [...]; the evidence and conviction makes it [...], the sentence [...].

CAP. III. SECT. II.

De Areopago, & eius appellatione. Areopagitae.

ON the hill, on which the Acropolis was built, stood the Areopagus, in the old translation of the Acts of the Apo­stles rendered Vicus Martius, by our Englishmen, Mars his Street, Falsly. For 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 neere a well. Perot. [...] beares not that signification, but what In Acta p. 136. Iustin Martyr interprets, [...], an eminent place. [...]. For that Iudica­tory was on a high rock. Therefore named by Eumenidib. p. 296. Aeschylus, & Elect. p. 836. Euripides, [...], by Metamorp. l. 6. fab. 2. Ovid, Scopulus Mavortis, and Vide Scalig. in conject. Ennius, Areopagitica petra: so called, as fond Antiquitie would haue it, De­most. p. 413. Paus. p. 26. Simeon Met. & Pachyman vit. Dionvs. Areopag. from the judgement of the twelue Gods upon Mars, for killing Halirrhothius the sonne of Neptune. But Loc citato. Iustin Martyr, because he was there arrained of advou­tery, [...]. But alike true. It pleases mee 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 Paus. At [...]. p. 31. Parnes, Hymettus, Anchesmus, [Page 123] whence Iupiter Parnethius, Hymettius, Anchesmius. And as in Athens, Neptune had a hill [...], Saturne another [...], Pan another. [...], Mercury another, [...] so Mars his Areopagus. Eumen [...]. p. 290. Aeschylus giues it a nomina­tion from the Amazons, sacrificing to Mars there, when they came and fought against Theseus. Or if you will receiue the opinion of others▪ it takes the name from the cases in it hand­led, of blood wilfully shed: so Hesychius, [...], That when Satyr. 9. v. 100. Iuvenal calls it Curiam Martis, you may interpret it, The Court of murther, but willingly committed. This is ter­med by the Aeschylus pag. 297. Tragoedian, the most uncorrupt, sharp, reverend councell, then which nothing is more constant (saies Ad Atncum. l. 1. ep. 11. Tully, comparing to it the Roman Senate) nothing more severe, as by De bello Tro. l. 6. p. 147. Pseudo Dictys Cretensis it is styled Iudicium severissi­mum per omnem Graeciam. Then which none iudged better, more iust, or honest, saies [...]. p. 44 [...]. Xenophon. In Solone pag. 63. Plutarch writes that this Court was ordained by Solon, and Offic. l. 1. Cicero received the like opinion; but that seemes to contradict it, which Plutarch presently brings, quoted in the thirteenth table, that they who had lost their liberties should be restored againe, unlesse they were condemned by the Areopagites, Ephetae, Prytanes, Basi­lois, of murther, slaughter, tyranny, when that Law was ena­cted. And by and by Loc. lau [...] [...], &c. Who were condemned in Areopagus before Solons time (if he first instituted the Areopagites.) Pollux. l. 8 p. 4 [...]. Others are of opinion, that Solon added the Areopagites to the Ephetae (Iudges 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 fiftie one. And though they iudged in fiue Courts once, yet by little & little they became ridiculous.) De [...] M [...]g. p. [...] Possardus saies, he abolished their severity▪ and substituted the Areopagites. But De Rep. [...] [...] Vrbo Emmius more probably, that Solon was not the Author of this Senate▪ but brought it into a better forme, made it more strong and firme, and augmented the power of it. For Draco it seemes [Page 124] lessened the authoritie of it, deriving it to the Ephetae; Solo [...] restored that authority and made it greater. Vide Maxi­mum in Pro­log [...]ad S. Di­onys. opera & [...]. lib 2. in vita [...]. To this compa­ny none were admitted, but wise, wealthie, and noble men; [...] famous for good life, and innocencie, [...], whom no man could iustly charge of misdemeanour. Nay, men, whose behaviour was intolerable, [...]. in [...] p 133. [...], after they were chosen into the Colledge of the Areopagites, abhorring and blushing at their former dispositions, [...], changed their natures, & embraced vertue. The number of them is uncertaine. L [...]co supra laud [...]to. Nice­phorus makes them but nine; as Maximus too out of Atth [...]d. l. 2. Philo­chorus; Pachymerius fiftie and one. But what Maximus pro­duces after, is somewhat, that they consisted of fiftie and one, beside the Nobilitie most wise and rich. [...]. By which words hee seemes * 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 neuer attained to these [...]. Plut [...]n [...]. p. 113. to ayme at the nine Archontes, Anonym. in Argu. Oratio. Androtia. who when they had gover­ned one yeare, and given an account of their offices, and had administred all things iustly, were chosen yearely into this so­cietie. For which election annuall, the number was doubtful. For some might die in that space; or all liue, and in the next yeare be encreased. Uolaterran out of an old inscription in Acropolis, that they were three hundred; [...], &c. To the most famous Rusius Festus, Proconsul of Greece & Areopagite, the councel of Areopagus consisting of three hun­dred; and the people of Athens set up this monument for a te­stimoniall of his good will and benevolence. But that might on­ly happen when this was erected. Anonymus lo [...]o [...]. They continued all their life time in this dignitie, and were never put out, [...], unlesse for some grand offence. De statu Ita­liae adversus Mach [...]avel. Bozius tells us (how true I wot not) that they were all Priests. Athenienses olim, &c. The Athenians, quoth he, did striue to challenge to themselues the prerogatiue of wisdome, and to them is it bent what the Apostle saies, The Greekes seek after wisdome. Neverthelesse their Areopagus, who had the power of all things consisted of Iudges that were Priests, and the High [Page 125] Priest of all that asked every of their sentences, took the suf­frages. Their authoritie was unlimited. For [...] So­lon. p. 63. they were o­verseers of all, [...]. Va [...]. l. 15. c. 1 [...]. Dem. p. [...]. Iudges of wilfull murthers, wounds given out of pretended malice: which would make some, having a desire to driue a man out of Athens, goe to a Chirurgion and make an incision in their heads, that they might sue him whō they hated, upon an action of battery, as Demost. [...]n Orat. [...]. Mantitheus against Baeotus. They sate upon incendiaries, and impoisoners, if the partie died that took their doses. Dem. p. 445. They saw that the Lawes b [...]. should be put in execution, such as Contaren would haue in Uenice to be Guardians to their Statutes. In Sympos. unlesse I am extremly [...]or­getfull. 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 4. p. 167. Xenophon that they sharply reproved a young man for his loose living. [...], &c. sayes the Dipnosophist. Lib. 2. c. 6. Va­lerius Maximus. Est & eiusdem urbis Aristides T. 1. p. 331. [...]. sanctissimum consilium Areopagus &c. There is likewise in that Citie the most sa­cred Councell Areopagus, where they were wont most dili­gently to enquire, what every of the Athenians did, by what gaine he maintained himselfe, and what his trade and actions were. That men, knowing and remembring that once they must giue an account of their liues, might embrace honestie. Anon. Arg. O [...]at Androt. The Greek author tells us that except in great cases of ne­cessity they medled not with state affaires, but it seemes o­therwise. For if any one say, quoth De natura Deorum. 2. Tully, that the Attick Republique can be well governed, without the councell of the Areopagites; he may as well say that the world may bee governed without the providence of the Gods. When the Medes and Persians invaded Greece, Est enim bellum [...] [...]onsilio [...]. C [...]ce­ro [...]. 1. by the advise of them was the war waged, wherein Themistocles purchased an ever lasting memory of a victory. Plutarch. in [...]. pag 84 l. 3. And when their publique Trea­surie was bare, they furnished each man with eight Drach­mes, and stored the ships with Mariners. Which advise, when they had wonne the day, was a cause, saies Poli [...]. l. 5. c. 4 Aristotle, [...], to giue strength and sinewes to the [Page 126] Commonwealth. Isocrates Reop. p. 132. Vnder 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, then when they were chil­dren; not observed by our countrymen in sending their sonnes young to the Innes of Court) youth and heat of blood, unstaidnesse in iudgement, rashnesse in adventures, and pronenesse to vice, leading, or rather carrying headlong ten­der yeares to their owne destruction. To them appertained blasphemies against their Gods, violating of religion, and di­vulging mysteries, as when [...]aert. 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 haue beene brought before the Councell of Areopagus. By vertue of which a [...]thority S t Paul was here judged for teaching strange Gods (as they supposed.) [...] Met [...]phrast. For although that the Athenians were under the Romans, yet their Lords made them [...], sui iuris, and permitted thē to keep their ancient customes. The manner of proceeding in this Court, was thus. After the fellon [...]e committed, the ap­pellant brought his inditement to the Basileus, who giving the prisoner and his accuser audience once a moneth, at three severall times to debate the businesse, in the fourth moneth, brings in the accusation to the Areopagites, [...]. [...]. 8. and putting off the crowne which he was wont to weare, sate down as iudge with the Areopagites in the dark: for they iudged by night, saies Hermot [...]m. p. 5 [...]5. Lucian, that they might not regard the speaker, but what was spoken. It being there forbidden [...]. pag. 4 [...]5. [...], to moue to compassion, and use Proems, as in other Courts, wherein they craved the Iudges favour and attenti­on, which by Demosthenes are termed [...] V [...]p. in D [...]most. pag 396 [...]. This f Ari­stotle [Page 127] calls [...], to speak beside the mat­ter. Before the triall both parties sweare (which they style P [...]llux loco [...]. Dem. cont. [...]. p. 413. [...]) The appealer standing upon the testes of a Goat, a Ram, and a Bull (usuall to the Greeks, as Tyndareus swore the Suiters of Helena, that they should revenge any wrong done to her and her predestinated husband, Pausanias [...]. p. 103. [...], and Hercules to the children of Heleus [...]) took oath, therefore named [...]; in which he maintai­ned that he dealt iustly and rightly, and that he was ioyned in affinity to the slaine man; Demosth. p. 608 & 41 [...]. These agreed, sa [...]es Possard. about the pu­nishment, ac­cording to the dammage re­ceived. De A­then. Mag. p. 449. which if he were not, hee 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, hee wished an extirpation of his house, [...] and his posterity. In which if he were periured, he was liable to no punishment, as a­mong the Romans. Idem [...] ­niacis. p. 126. Iurisjurandi 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 Iulian Law, Laesae Maiestatis. After this the prisoner swore; which among us will not be allowed. Then setting each of them upon Paus. Attic. p. 27. two silver stones, one of which was na­med [...], the stone of iniury; the other [...], by Adrian Iunius thought [...] of innocence, not impudence. Then the appealer asked the prisoner three questions, which Eumen [...]d. p. 292. Aeschylus calls [...]. First, whether hee were guilty or no, Ibidem. [...]; to which he answered, [...] or [...], yea or nay: secondly, [...]; for what reason he did the murther. Thirdly, [...]; who were the A­bettours. Then arose there certaine Lawyers, [...], who shewed whether the murther was committed Es [...]hylus p. 293. [...], in iustice. ( Demost vid. p 647. For in Athens there were such Councellours, to whom in matters of difficultie they had resort) By [...], you must understand those causes, in which Demost. p. 312. Draco thought it lawfull to kill a man. As taking him committing uncleanesse with wife, mother, sister, daughter, or concubin, or any whom [Page 128] he accounts among his children; the partie so offending might V [...]d. Demost. cont. Aristoc [...]. be slaine in the manner by him, against whom he had trespas­sed. Likewise, in the defence of a mans goods, if the theefe were killed, impunity was granted. After this inquisition, they passed to sentence, which was given very privily as Iu­venal 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 wrot 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 graue, and who can hold his peace, and in whose countenance is [...]entius. tristis severitas. [...]. Whatsoever they concluded of, stood irrecoverable, [...]. P [...]hymerius. nei­ther could there be any appeale to another Tribunall. And no marvail. For so upright was their sentence, Demost. con. Aristocrat. p. 413. that none, either Appellant or prisoner, could ever say, that hee was uniustly condemned. Nay both parties, as well those that are cast, as they that cast, are alike contented. Aristides To [...]. 1. p. 185 [...]. After doome the prisoner was to suffer death. In which execution also the Areopagites had a care least the innocent should be punished with the guilty. Aelian Var. hist. l. [...]. c. 13. When there­fore they had condemned a woman for poisoning another, they deferred the execution, because shee was great with child, and straight way after her delivery put the mother to death. Which custome is by us also observed at our Assises. Valer. Max. p. 322. It will not be amisse 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 sonne, who had deprived her of a hopefull 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 appeare some hundred yeares after; that by such a bot­tome of time, scarceable to be unwinded, they might shew, that neither would condemne nor acquit the woman. One thing more Lib. qu [...]to. Quintilian tels us, that they condemned a boy [Page 129] for putting out the eyes of Quailes. Because it was a signe of a minde, likely to proue most pernitious. Their power was shaken and somewhat pluckt downe by Plutarch. V [...]. p. 355. & Mor. 391 Ephialtes, a sore enemy of Oligarchicall government, and more enclining to the people, who was secretly slain by Plut. in Pe­ricle p. 113. Aristodicus of Tana­gra. They sate three daies every Moneth, [...].

CAP. III. SECT. III.

D [...] Iudicio [...].

AFter the siege of Troy some of the Grecians came with Diomedes, 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 toucht, ( Libro octa­vo pag. 406. [...] saies Pollux, the interpreter, nullus vivus, I better think it no creature, either foule or beast) Acamas shewed that they were Argivi having the Palladium; Being warned then by the Oracle (who named them [...], that is, Schol. 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 tryed, who returning from this battaile, killed with his horse, somewhat diverting, an Athenian; Pausan. At­tic. pag. 27. For whose kinred some think he satisfied the Law, or generally for the Argivi. 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. Demosth. pag. 329. In such cases the Law was very favourable; for the party offending was not punished with perpetuall exile, [...], as in wilfull felony; (kept by us in England once, called Abjuration, [Page 130] (where the guilty had his life upon oath, that he would never returne) but he did Demosthe­ [...]es▪ Midiana. [...], in a gentler terme. Eust. in Il [...]ad. 1. [...]. &c. For it was a custome of old, to give a certain summe of mony (the At­tick Law [...], in wilfull, all was confiscate) to the kinred of the slaine, that they might not depart their country: but if they could not purchase an aboad they went somewhere else. D [...] Ponto lib. 1. Eleg. 4 Ovid. Caede puer factâ Patroclus Opunta reliquit. Their discontinuanc [...] was but for one yeare, [...]. The money disbur­sed n Eustath. But Demosth. [...] Vuti [...] he ob­tained remis­sion from some of the [...]nred of the slain. on such occasions was properly called [...], qu [...]si [...], from [...] murder, as if it were the price of bloud. And the Scholiast of Sophocles tels us that [...] is spoken only [...] of payment of mony, but abusively of any pu­nishment. Demosth. If the party wounded had forgiven the offender before his death, or the allies of the man desperatly hurt, none could afterwards compell him to f [...]ee; otherwise he [...]ed. And in that flight he betook himselfe 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 quo (que) Pel [...]a Phoci
Caede per Aemonias solvit Acastus aquas.
Vectam fraenatis per inane draconibus Aegeu [...]
Credulus immerit [...] Phasida fovit ope;
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, saies [...]. P. 414. Demosthenes, (which custome likewise was observed by the Pau [...]n. [...]. p. 74 [...] Traezenians in the lustration of Orestes from the bloud of his mother, which I gather by the feast which they presently celebrated [Page 131] 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 littell bough of Lawrell, as I suppose, by the words follow­ing perswaded 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 [...], Iudge­ment. 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, untill he had made peace and gotten pardon from the Cousins of the deceased.

CAP. III. SECT. IV.

De Iudiciis [...].

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, Schol. Arist. pag. 333. where was the Tribunall na­med [...], or [...]. Aelian. Var. l. 5. c. 15. In this Iudicatory were heard cases of murder, when the party confessed the fact, but pleaded that it was legitimate. 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 unclean­nesse with his Mother, Sister, Daughter, Concubine, or free Children. Likewise if in preservation of his goods or own defence he spilt bloud it was not capitall. The first that was arraigned here was Theseus, maintaining the right he had to slay the theeves, saies 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 tryall of Theseus, who­soever [Page 132] had stain any body was compelled to flee the coun­try, or staying dye, were the cause never so just. [...]. Here they sate 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 knowne, sentence was past on that thing which slew him; and the 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 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 oxe on the altar of Iupiter 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 Lib. octav. 4 [...]6. Pollux names it [...]. Heere they were judged who having fled out of another country for unwilfull murther Demosth. contra Ari­stocr. 415. [...], they that drove him out not acquiting him, if in the space of his exile it happened that he wittingly [...]lew another, he answered heere. The pro­ceeding was in this sort. The Iudges assembled in [...], in a place seated on the Sea▪ Demost. ib. [...]; where the guilty drawing neare in a boat or bark, was to make his apology, [...], not coming to land or touch­ing it, neither casting anchor 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, [...]. [...]. I know not whether I may be of that opinion that others are in this, that if he were cast in this tryall, he was exposed to the cruell mercy of the wind and waves. These last quoted words seeme to contradict it. The first that ever answered here was Teucer, proving himself to be innocent of the death of Ajax; D [...] cre­ [...] d [...] [...] [...] l. 6▪ p▪ 145. whom treacherously circumvented because he defended not, his father Telamon drove out of [Page 133] Salamis, unto which that he might be restored he made ap­peal to this court. Which gives light to Pol [...]ticon [...]. 17. Aristotle [...]. Iudicatories concerning men flying for murther, that care for their bringing back again, such as in Athens, [...]. When the party prosequuting will not admit of reconciliation.

CAP. III. SECT. V.

De Tribunalibus reliquis. [...].

BEsides these Courts of bloud and causes criminall, there were for civill 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 drachme, to which Polit. lib. [...]. c. 17. Aristotle might be thought to look speaking of Iudicatories, [...] &c. And this was the mean­ing of Atticis. pag. 27. l. 13. Pausanias, [...]. Suing here for the least occasions. The Vndecimviri were Iudges of the Court, which made Petit to suppose that it was not to be reckoned among the [...]. It stood [...] [...]dem. [...], in an obscure place of the city; whence [...] ▪ in Pag. 450. De­mosthenes, is by Ulpian expounded, privily, by a Metaphor ta­ken from the situation of this Iudicatory, or▪ [...], from goods secretly hidden. [...], from the forme of it, which seemes to have been triangular. [...]; and [...], from the colours that were painted [...] ▪ Athen. Rep. [...] A [...]t. [...] pag. 31. [...] upon the post of the entry, answe­rable to which there was a staffe given to the Iudges, that [Page 134] they might know in what court to sit; For they presently went to that court which had the same colour with their staffe. [...]. From the statue of Lycus on Heros, which was there setup, having the face of a wolfe; where likewise the statue of Iuno stood visaged in the same manner. But wee must not omit that the image of Lycus was erected in every court; hence 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 Lib. octavo p. 406. The place is ex­treamly cor­ [...], as you [...] perceive [...] [...] false Greek. [...] (understand [...] or the like) at which they who bribed the Iudicato­ries met Zenobius helpes my conjecture [...]. The [...] V [...]p. p. 457. Scholiast of Aristophanes writes that this noble Lycus had a Temple near the Iudicatory, where the Iudges divided their mony for pay, three oboli, to each, a day. Pollux lib. [...] [...]. This was a great Iudicatory; so named from Metichies an artificer, which built it. Here, who had passed thirty yeares of his age and was well and nobly descended and owed nothing to the publique treasury, might be chosen Iudge. [...]r of such they all consisted. [...]. Some have falsly supposed that there was a Tribunall so called; neither did [...]. At. l. 2. c. 12. p. 121. Meursius think otherwise, when he translated these words of 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 Iudicatories were wont to take oath or be sworne in Ardettus. Ardettus is a place near the river Ilissus, so named from Ard [...]tus a Peere, who swore the people, being in sedition & mutinie, to love and amity. Where afterwards, as is most probable, the Iudges took oath (I cannot justly say presently after their election) to give sentence according to the lawes; and con­cerning things to which no Lawes were enacted, in aequity and justice, [...]. by Apollo Patrius, Ceres, and Iupiter Rex. And this the Et [...]mologist affirmes, speaking of Ardettus, Etym. mag. p. 14 [...]. [...] [Page 135] [...]. The Iudges in this place took their oath touching the discharge of their office. From whence among the Ancients such as would presently sweare, were called Casaub. Theoph. Char. p. 178. Ardetti, proverbially; as also those who were perjurious and forsworne. Etym. Mag. loco laudato. [...]. Thus have we viewed the Athenian Iudicato­ries, in number tenne. For Murther, Areopagus, 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, saies De Mag. Athen. p. 540 Possardus; of whom; because Descrip. R [...]ip. Ath. p. 41. Emmius numbers them among Iudicia quatuor praecipua the four chief Courts, I will now speak. But of every Tribe were chosen Vlpian in Dem. p. [...]42. forty our men, Pollux l. [...]. p. 4 [...]7. above threescore yeares old, who judged in severall 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 privi­ledges [...]. Athenian Cittizen. Pollux ib. In former time there came no [...]ontroversy into the Courts, which had not first past through their hands (if it exceeded tenne drachmes. Al­though Demosthe­nem loco ci­tato. Vlpian tels us that they determined of petty busi­nesses) but that seemes 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 plaintif and defendant, or either of them liked not the award, they might referre it to the Se­nate (as appears out of the Pag 67 [...]. Argument of Demosth. Orat. contra Callippum, & 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. Vide Dem▪ M [...]. &c. 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 untill 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 entred the suit, and wrot the accusation, with the [...]ine [Page 136] which was required for dammages; they received as a fee from the plaintif one drachme, which they called Pollu [...] l. 8. c. 10. p. 408. [...], as also another from the defendant, when they gave him his oath. This office was but annuall; And because they would pervert justice, (as Orat. in Baeo [...]um pro do [...]e. Demosthenes is witnesse, Idem pag. 682 [...] 4 [...]. although they were not to judge before they had sworn) give sen­tence according to favour, envy, or for gaine, therefore [...] loco [...]. 342. at the yeares end they made an account of their function upon the last day of [...] Mis­ [...] l. 8. p. 211. Thargelion, on which it was lawfull 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 controversie soever. Such by the Attick law any might request, but with a necessity of abiding at their judgement. [...] legem [...] [...]. p. [...]. For they could not appeal from them to any other court. To referre matters to their arbitrement, the Greekes terme [...]. 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 differency, after he had heard both parties, hee prolonged the sentence untill at last he died. Whence it grew to a proverb, Zenob [...]us. [...], Bunas judicat, Bunas judgeth, of those that defer to passe sentence, and hold a case long in suspence.

CAP. IV.

De Nominibus Iudicialibus.

HAving thus treated of the Attick Courts, it followes that I speak of their Tearmes of Law, Writs, and Accu­sations. These were of two sorts, private and publique. The publique were properly termed [...], saies Descr [...]p. Re [...]p. A [...]h. p. [...]. Emmius. Of [Page 137] [...] there were divers sorts. [...] saies In Demost. pro Corona. p. 159. Vlpian is [...], of any trespasse against the Law, by which the Sta­tutes of the Commonwealth are violated; and most properly, 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 [...] [...] [...]om. Wealth of Engl. l. 2. [...]. 10. Writ or Right, in Latine Actio or Formu­la, as in In Vi [...]ellio. Sueton, Iniuriarum formulam intendere, to serue a man with a Writ. Pollux l 8. p. 3 [...]7. [...] is a kinde of an Information made against any for abuses in the Mines, or Custome houses, for converting Tribute money to a mans owne 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 undergoe, to bee paid to him to whom the wrong was offered. But if the Informer had not the [...] part of the suffrages, hee was to lay downe 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 sixt part of a Drachme. At the end of the accusation, the informer was to subscribe the names of the witnesses that were present. In generall, all discoveries of private iniuries are called [...], which in Latine you may name delationes. For which the Romans allotted the fourth part of the forfeit, whence they are stiled Quadruplatores; but among the Athenians not so, if Onom [...] [...]. c. 6. p. [...]. Pollux say right. [...]. The amercement fell to the person iniured, although another accused for him. If the fi [...]e were written down a thousand Drachmes, & the Accuser had not the fift part of the voices; he paid two hundred and one Drachme; if it exceeded; a thousand, foure hundred and one. [...] is a Writ against those that owe to the Citie Treasurie, and yet goe about to beare office, saies In Demos [...]. [...]. [...]. Ul [...]ian, which by the Attick Law was ut­terly forbidden. The In Equit. p. 303. Scholiast of Aristophanes, takes it for the accusing of any that did amisse in publique affaires; and the P [...]g. [...]. Interpreter of Demosthenes in another place, [...] [Page 138] for men disfranchised. But Onom. l [...]b. 8 p 388. Pollux teaches us that it is a de­claration made to the Archon against one taken in the maner; which the Greeks terme [...], In [...]. 1. Schol, Nazianz [...], Pollux expresses by [...], when the offence is confessed. Because men so apprehended were for­ced to condemne themselues; no further evidence required then from their owne mouthes. By which acknowledgment of their guiltinesse, without greater triall, they receiued their doome: [...] T. Smith [...]. [...] Engl. l. 2. c. 26. p. 281 as among us when a prisoner arraigned, confesses his inditement to be true, no twelue men goe upon him: there resteth but the Iudges sentence of the paine of death. Whence grew our proverb, Confesse and be hanged. 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 Drachmes were en­dangered. In this [...]; they brought not all offenders to the same Magistrats, but according as they were made Iudges of such and such offences; V [...]p in Dem p. 389 sometimes to the eleven, some­times to the I [...]em p. 407 Thesmothetae, sometimes to the Archon. Now if a man had found out any indebted to the publique Treasu­rie, or bound for those places or countries, where it was not permitted for him to goe, or one who had committed mur­ther, if by reason of weaknesse 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 Attick Lawyers terme [...], is when a fellon hath committed murther, and flies for succour to any; ( Dem. p. 416 as the Law suffered any to receiue him) if the kindred of the slaine or others had required the malefactour to be delivered to thē, and the protector would not, it was lawfull to enter into his house, and carry away any three persons, as some translate it, [Page 139] or all sau [...] three, [...], as others, who were to answere [...] Idem cent. [...]. p. 415. for the outrage done. But who so entred uniustly, was not to [...] unpunished. [...], saies In Dem. p. 58. Vlpian, is an accusa­tion concerning great and publique matters, such as Eund. p. 453 else­where he speakes of, to wit, the dissolution of the Democra­cic; or if an Oratour had spoken what was not for the benefit of the weale publique, if any went to warres before they were sent, or betrayed a Garrison, army, or fleet. In other ac­cusations, if the accuser had not the fift part of the suffrages, he was fined a thousand Drachmes, and lost the priviledges of a Citizen, in this he was uncontrolable. 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 fift part of voices on his side, was fined a thousand Drachmes, although he lost not the pri­viledges 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 Iudge ( Pollux saies that Solon made a thousand to sit on this, and Phalereus 1500. Where the interpreter erres. 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 publique actions; private were these that fol­low, more properly called [...].

[...]. is an Action against a man, who when two shall s [...]uffle giues the first blow, which the D [...]m. p. 410 v d: Vlp ibid. & A [...]g Orat. cont. Everg. p. 6 [...]7. Greeks call [...]. [...] [...]. [...] p. 745. The matter was heard before the Iudge [...]; and though the Law ordained not any set summe of money for dammages, yet it was permitted for the partie smitten to write down what he thought fitting. Dem. [...]. Con. p. 690. The reason why these actions were so strictly looked into, was least any not able to defend himselfe with his hands, should seeke to revenge him­selfe with stones, or other hurtfull weapon.

[Page 140] Idem ibid. [...]. Somewhat neere our proviso of giving the lye, least by taunting and reproachfull words, men be provo­ked to blowes. [...]. Is when any man receiues dam­mage and hurt in estate by another man. Arg. Orat. Dem. contra [...] m. As to turne water into his ground, by which it is anoyed; Dem. cont. Call. p. p. 680 n. [...]. To refuse to pay mo­ney where it is required, or to giue it to another. Dem. cont. [...]m. p. 659. n. [...]5. To promise to beare witnesse in a suit, and then not be present, by which the case falls, & the like. [...]. About pawnes▪ I suppose, which men that needed mony were wont to leaue with the usurers▪ Sch. Aristo. [...]. E. as cloathes, housholdstuffe, &c. Or about money put to the Banck, which the exchangers did employ to the advantage of the owners, as I gather out of Cont. Ph [...]. p. 555. n. 7. 8. Demosthe­nes. The word imports both. [...]. Of divorce. Vide Cuja­cium. Observ. l. [...]. c. 15. For they were wont to put away their wiues, in former time, upon discontent or hope of greater portions; which di­vorce they called [...], & as Lysias [...] ▪ on the hus­bands side, and on the wiues [...]; for hee did as it were turne her away, she was said to forsake him. [...]. Of ill usage of parents, as not releiving them if they were poore. Of wiues against husbands, of Pupils against Tutors. [...] of theft, after what manner soever. Which if it were by day, was not capitall, but by night was deadly. [...]. Such as our Act of Parliament hath allotted for extortion, it being by This is rec­koned among the Lawes 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 termes 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. [...] Aristotle. [...]. When men broke the Articles which they made to each other, about dividing of inheritance be­tweene man and man, or between citie and citie, concerning free trading, as that of the Carthaginians with the Romans. Arist. Pol. 3. [...]. 6. or the like Dem. p. 651 n. 1 [...]. These [...] were usually confirmed by oath to each other. [...]. V [...] ▪ in Dem p [...] & [...]. a conten­tion [Page 141] about bearing office, in which they seeke to haue a time appointed, when a man shall enter into it. For the discharge whereof they are to proue him fit. [...]. When parents died and left their daughters inheritrices, the kinred was wont to sue each other, to make it appeare who was nea­restioyned 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 termes that [...], which other Greek writers [...], it is as well to set to hire, as to take to rent, [...] and [...], to let out. Which they often did for want of mony, which that they might obtaine the quicker, they wrote over their dore as we use to doe, This House is to be let. Which custome Menedem [...]s in Heaut. Act. 1. Sc. 1. Terence expresses ▪ Inscripsi ilico, AEDES MERCEDE) This Writ was properly against Guardians of Orphans (not concerning men of yeares, such as immediatly is before spoken) who having taken the charge upon them of Tuition, were to imploy for the benefit of their Pupils what was left them: they therefore made knowne 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 yearely rent it could bring in, or was suffered to re­maine void of a Tenant, to the losse of the Pupill, then was it lawfull for any man to sue the Guardian in the Archon's court? upon a Writ of [...]. I haue observed it to haue been a custome among the Ancients, when they per­ceived themselues to draw neere to death, to call for some one, to whose care they would commit their children, and de­livering them into thei hands, beseech them to haue a tender eye over them, and to provide for them what should be most convenient: such as Oedipus in Oedip. Col. p. 314. Sophocles entreats of Theseus in the behalfe of his daughters - [...]. Not unlike is that of the Ter. And [...] Act. 1. Sc. 5. Comoedian under [Page 142] the person of Chrysis, committing Gly [...]erium to the Tuition of Pamphilus.

Accessi: vos semotae: nos soli: incipit:
Mi Pamphile, huius formam at (que) aetatem vide:
Nec clam te est, quàm illi nunc utrae (que) 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 MANVM DAT, mors continuo ipsam occu­pat.

But among the Athenians the use was to nominate in their Testaments and last Wills, whom they would haue to bee Guardians. Which office after they had undertaken, if they should defraud the Orphans of their patrimonie, or any part thereof, they were sued with a Writ [...], as Plut. in vita [...]. Demosthe­nes did sue his as soone as he came to age. But if the matter were not questioned within fiue yeares after the pupil was admitted among the number of men, by the Demosth. p. [...]24. [...]. 22. Law the Guar­dian could not be taxed. [...], Of a Master against a Servant ingratefull for his manumission, not doing his dutie to his Master. Because, as Pag. 46 [...]. Demosthenes witnesses, it was the nature of servants once made free, not only to be ingratefull, bu [...] also to hate their Masters most of all men, as those who [...] [...]een conscious to their servitude. It was enacted there­fo [...] that whosoever was convicted of ingratitude should a­gaine be made a bonds [...]aue Valerius Maximus. Age, quid il­ [...] [...]. [...]titum Athenarum, quam memorabile? quod convictus à patr [...] libertus ingratus, iure libertatis exuitur. The Ro­mans did not onely acquit them of the libertie of the Citie [Page 143] (which the Athenians gaue not) but made them also slaues, which punishment they terme Iustin. In [...]. l. 1. T. [...]. Maximam capiti [...] diminuti­onem. [...]. If any man put away his wife hee was to re­store her portion againe; if he refused he was [...], that is▪ every moneth for one pound to pay nine oboli which the Atticks terme Demost. p. 733▪ [...], the revenew of her dowrie. The Writ whereby he was sued was [...], for the repayment. Dem. pag 655 n [...]8. [...], If any went to Law, as clay­ming Title to an house, he was first to serue 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 parcell 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 claymed right and title to the house or land. Although in all these trialls the defendant were cast, yet could he keep iustly either house or land: but if in a third triall, which they call [...], he were overthrowne, 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. Vlp. in Dem p. 340. It is also a Writ of Execution against any overthrowne in the Court, and fined a thousand Drachmes, which at such a day he was to pay; and if he laid it not downe upon the nayle, 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 wil not suffer him, who hath bought any thing of the publike, to reap the fruit thereof. Who either withholds any thing from the owner, or violently takes from any, &c. [...] When two had beene partners in estates, and one of them would haue a dividence made, if the other refused, hee might be constrained to it by the Writ. [...]. Because the Market place among the Greeks was the fittest to cheat & cosen in, as 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, sayng▪ that [Page 144] they forbad to speake false, and yet did [...]) if any man had bargained for any thing, and another sued and doubted of the right of it, P [...]llux l. 8. c. 6. p. 385. he might require the seller to confirme the lawfulnesse of the thing sold, and maintaine it [...]inst all controversie, otherwise the seller was liabl [...] [...]o [...]. For although in Athens they bought for the most part Graecà [...]ide▪ with ready mony; as In Auson. Lect l. [...]. c. 6. Scaliger and In Theoph. Ch [...]. p. 312. Ca­saubon truly interpret it, Adve [...] [...]um l. 4. [...]. 13 Turnebus, Repraesent at a pecuniâ: yet sometime gaue they Earnest onely to make the thing sure, which the Greeks and Latines call Don. Quod p [...]us datur [...]ut reliquum red­datur. in Ter. Heaut. Act. 3. S [...]. [...]. [...], from the Vide Dasq in B [...]sil Sel. He­brew [...]. This seemes to me to haue been the hundreth part of the mony which was to bee paid for the thing bought, as Sermone 4 [...] Stobaeus out of Theophrastus. Where you may read likewise that it was the custome, when any thing was to bee sold, to bring a note thereof to the Magistrate some threescore daies before. [...] ▪ For the laying open of any thing, concerning which was a suit in law, by O [...]omast l. 8. c. 6. p. 384. Pollux his words I may coniecture, goods or money privily taken away. [...]. When any should offer to take another mans servant, and make him free against the will of the Master, which the Greeks terme Demost. p. 718. n. 29. [...] is a suit about neerenesse of blood, in matter of inheritance, when a man dies without issue of his own body▪ [...] ▪ When a man went to proue that hee was to challenge the inheritance of right, as neere of blood; or upon some other conditions: from [...]; because he laid downe the tenth part of the inheritance, which if hee were cast in Law, hee was to pay, if the cause were private, saies Pand. P [...]o. p. 100. Budaeus: but if publique, the fift. Dem p. 620 [...] [...]8. Here to [...]ow­eth th [...] termes▪ p [...] [...]s, [...]ate and publique which are pub▪ li [...]ue an [...] law­full [...]or any to prosequute: see P [...]liux, pag. [...]86. [...]. When any shall protest that an inheritance doth hang in controver­sie, and is [...], as a true heire being still aliue, 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 proue themselues of such and such houses

[Page 145] [...]. All strangers in Athens were compelled by the Law to get them Patrons (as my most worthy Schoole­master the glory of his time In Epist. Dedic. suo Euchaitensi prae [...]ixa ad Richar. Can­tuariensem Atchiepisco­pum. M r Matthew Bust hath obser­ved, whom for honours sake I name) or else they might be questioned, and if they were convicted their goods were sold and put into the Citty Treasury. [...] of ingratitude a­gainst those who shewed not themselves thankfull to those who had well deserved of them. [...] the same with [...], when any will reckon himselfe among the num­ber of Citizens who hath never been made free, by which he purchased imprisonment untill such time as there was a Court kept, and then he was sold. [...] when a man is eye witnesse of a matter. [...], When an other witnesses from the report of him that saw it. [...] false witnesse, which to prosecute in Law they terme [...] when one was eyewitnes and promised to testify, yet would not appear at the appointed time; which they were wont to compell them to doe, 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 Drachmes, in which summe to be [...]ined the Atticke Lawyers give the appellation [...], When the Iudges were corrupted with bribes. [...] against those that did corrupt them. [...] of a man convinced of idle­nesse, which once taken Draco punished the delinquent with losse of the Citty priviledges, Solon not unlesse he were thrice delinquent. [...], When any of the marriners ran away from their ships. [...], When the Marri­ners that staied 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 Cittizens, and gives gifts to escape free▪ [...] when [Page 146] 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 Lawes or unjust or inconvenient for the Common-wealth. [...] was an examination of the Magistrates whether they were fit to go­verne 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 waies blameable, whereupon they were discarded the priviledges of the Citty and not suffered to plead or speak publikely. [...] An account of publique offices borne, laying out of mony and dispatching Ambassages, made to the Tenne Log [...]stae (for the breach of which went out a Writ [...] Rationem reddere) if con­cerning injuries given to the Iudges. [...] an accusati­on against those who are ill affected toward the Common­wealth, made by the decree of the people, and such as are welwillers to the state. [...] likewise are accusations a­gainst men injurious [...], Lib. Arg. in Medianam. and such as are delinquent against their festivalls, as the oration of Demosthenes against Midias. [...], An oath which the accuser took that he would justly accuse Vlpian 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 sicknes they cannot give attendance. They may doe it by a proxie if they please. It is likewise the oath of one called to wit­nesse, wherein he sweares that he knowes nothing of the businesse. [...] When others shall swear that preten­ded weaknesse was only a shift to put off the burthen of pub­lique 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 entred rightly, that the writ ought to be such and such, and not as it is ex. gr. for a man that runnes away from the Army, which is [...], and I accuse him [Page 147] of leaving his ranck, to wit [...], or objection of the time past within which space the suit was to be commen­ced, or that it should be handled in such a Court and not in such, as wilfull murther in Areopagus 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 hee payed [...]. Vlpian in Dem. 343. [...], when a man is summoned to answere before the Arbitri a controversy, if he sweare 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, hee ought within [...]enne daies to sue out [...], wherein he re­proved the sentence and made it of no effect so as it came to its first state againe. But if he could not obtaine a [...], having before sworn that he would stand to the award of the Iudges, their determination stood in full strength and power, and he was constrained to pay a thousand drachmes, as In Dem. p. 340. Vl­pian▪ which was the mulct appointed by tho 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 answere thereunto he was fined, as conscious of Eremodicium, and if within the space of two Moneths he did not renew the suit (which is [...]) he was sure to pay the fine. [...], when any man wil challeng out of goods forfeited and publiquely sold somewhat as debt to him, or say that part belongs to him, the state would narrowly search into it, which thing they terme [...] is a citing of one before the Archon in controversy about inheritance, or a virgin left inheritrix. Now if the plaintif did not warne the defendant [...], the suit died, and such actions are called [...] Dem. p. 6 [...] [...] is as letting a case fall or dissol­ving it upon some witnesse, oath, confession extorted by tor­ments, and the like. [...] is an appeal from one court to [Page 148] the other, as from the Senate to the people, and from the people to the Senate againe, or from their Iudicatories at home to some forrainers in another country. [...] when there is no more fine laid upon a man then what his adversary did [...], write downe at the lower end of his inditement: of which custome somewhat hath before been spoken. [...] ▪ Against such as stole oxe dung out of their neighbours lands; whence of those that are put in the conrt for triviall matters the proverb Austoph. S [...]h▪ p 328. Laertius in vita. [...] of impiety against their Gods, as Aristotle for his hymne on Hermias, Tyrant of the Atarneuses, which he engraved on a statue at Delphos. For revealing my [...]eries, 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 Citty Treasury, and his name were registred, and before the discharge of the mony his name were blotted out, they sued him before the Thesmotheta [...], but if his name were never entred 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. D [...]. con. P [...]ntae. p. 568. n. 51. 52. Lyable to this Court were they who should thrust any man from his work, who should dig within another mans liberties, who should bring wea­pons thither, I suppose to take away Minerals by violence, who should kindle any fire in the Mines &c. Who should of­fer to take away the props that upheld the weight of the in­cumbent earth, which to doe was death, as In vitis De­cem. Rhet. p. 453. Plutarch tels 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 foure and twentieth part of the new coine might come to the publique Treasury. Now if any presu­med [Page 149] to work who had not made it known to the officers it was lawfull for any to accuse him [...]. About mony put out to the mony changers. Argum. Phorm. Orat. p. 554. For [...] among the Atticks is the same that [...] in the lawyers of latter time, in Iure Graeco-Rom. Sometimes indeed they used [...] for▪ meanes, and sustenance Sch. E [...]rip▪ Med. p. 368 [...] and [...] have this difference, that Vlpian in Med. p. 368. [...] is the Iudge that gives sentence, [...] is he that put in the controversy, to be the meanes that the sen­tence past against the defendant. 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.

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