Johann Joachim Eschenburg.

Manual of classical literature : from the German of J.J. Eschenburg, with additions online

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tude, on account of the throng attending it, or from Y;%ioi, sun, on account of its
being held in the open air. The number of its judges {rjXtaa'tat Btxaitai) was
ot always the same ; the whole number amounted to 6000, who were chosen for
ine year by lot; out of these were taken the number requisite in each particular
ffial or action. The least number that sat was 50 ; sometimes the whole 6000
-■ere assembled ; the more usual number was 200 or 500. It was the province
of the ^s^fio^i-tav (§ 101) to introduce the action into court {hady^iv bi-xr^v itj
to hxastrfiiov), and full power was given by them to the judges to investigate
and decide the case.

1 u. When the accused did not deny the jurisdiction {■irapaypa<p!)) or request a delay
{iTTonojia), both he and the accuser were put under oath. Then the parties deposited
a sum of money as securhy (Trpvrai'eTa), and proceeded to bring forward the cause. In
doing this they were limited to a definite time, measured by a water-clock {K\e-djvSpa),
The decision was given in the same way as in the Areopagus {'i> 108) ; and the de-
fendant, in case of a sentence of death, was given over to the "EvSsKa {§ 102), and in
case of fine, to the UpiiKropsg or 'E/cXoytif (§ 104). If he could not pay the fine, he was
cast into prison ; and if he died in confinement, not only the disgrace, but the punish-
ment also, fell upon his son.

2. The bailiff' or deputy employed to summon {rrpocTKaXETadai) the defendant before the
Thesmotheiae, or witnesses before the court, was termed /cX/jrcop ; sometimes one or
two of the witnesses whose names were indorsed upon the declaration (Xijfif, syKXripia),
together with the plaintiflf, were the summoners [KMrnpss). The oath of the plaintiff
before the opening of the trial was called Trpowpo-ia ; that of the defendant, di/rto/xoo-ti. ;
a name for both was Stcjuoa-ia. Door-keepers {KiyK\tkg) were appointed by a magistrate
to guard the court from a crowd. The amount of the security money was, as has been
hinted (§ 103), in proportion to the amount at stake in the action. In trivial cases it
was a drachm, and called vapacrraais ; the deposit made by one who sued for goods
confiscated by the state, or for inheritances of a certain kind, was termed napaKara.So^.
If the plaintiff {_6lo}kcov) failed of proving the indictment {dtria) against the defendant
{(psvyujv), he paid a fine called etto/J^Xui. While the action 03rwfij) was proceeding or-'^as
in suspense, a notice of it, inscribed on a brazen tablet, was hung up {eKKcTaOai) in onfi
of the most public places of the city. The witness-^s (ixaprvpsi) were all put under a
solemn oath, which they took together at the ahar erected in the court-room. Their
testimony was called for by the advocates {awiiyopoi) as they wanted it in proceeding
whh their pleas. '

The office of the judges, SLKan-rai, resembled that of our jurymen -^ they were
usually paid three oboli a day. They sat upon wooden benches, which were covered
24 »j2


w-ith rugs {ipiadia). In addressing them the advocates stood upon elevations called
Bnnara. The number of prosecutions and trials was very great. There were many
in Athens who seem to have made it their business to discover grounds of accusation
against the wealthy. These men gained the name of o-uw^airai, a term which was
first apphed to such as prosecuted persons that exported figs (a^d -ou ama (paivuv), a law
prohibiting such exportation having been enacted at a time when there was a great
scarcity of that fruit.''

1 See Sir fV. Jones's Preface to Isseus (cf. P. V. § 101. 3). 2 See /. Ptttingal, EnquiryiDto the Practice and Use of Juries among

the Greeks and Romans. Lend. 1769. 4. 3 Cf. Mitjord, Hist, of Greece, ch. xxxi. sect. 1.

3. The judicial process was substantially the same in the various courts. — The
five other civil courts besides the Heliaa were those called Uapaiivarov , 'Ypiyuyvov, To
KaiJ'di', To azi Avkov, and To jMiyrt'xou.
Respecting these courts, see Meier, as cited § 108. 2.—Schdmann, Ant Jur. Publ. Gnec.— Plainer, Process und Klajen.

§ 111. In addition to the ten public courts, there was also a judicial body,
called U tsarsapaxovta, consisting of forty persons chosen by lot, who held their
courts successively in the several districts of Attica having cognizance of cases
where the sum or value at stake did not exceed ten drachmas.

There was likewise a body of Arbitrators, Aiaitr^j'ai, consisting of 440 aged
men, furiy-fmir from each tribe, holding office for a year, and authorized to
settle minor controversies within their respective tribes, but subject to appeal.
These were called x7.r.piotol, being chosen by lot. — Disputing parties were
allowed to choose arbitrators for themselves ; these were caWed BLaTJkaxtr^pi-ot,
or xar' sTiiT'poTtrjv Acacc/jtal. Minor causes could not be entered in the superior
courts, until they had been heard before some court of arbitrators.

The number of public arbitrators or SiairriTai K\r]OMToi stated above is drawn from a passage
in Ulpiaii upon Demosthenes ; some writers have proposed a different readui? of the passage so
as to make the whole number but {orly, four from each tribe. — The private arbitrators were
sometimes termed Siarrirai aipe-roi.

Cast. Jouni. sxx'ix. 350.— M. B. Hixdwalcker, Ueber den Schiedsrichter Diateten in Athen, uud den Process vor demselben.
Jena, 1812.

§ 112. Actions or suits were divided into two classes; public {hixa.t 5j;aocnou,
xatJiyopJat), such as concerned the whole slate; and private (6i,xat tStat, and
hixa.i<, simply), which concerned only individuals. Of the former class were the
following : Tpa^i)^, an action for the highest crimes, ase. g. murder ^^(fQVQ<i), poison
(fapuaxoi'), arson (Ttrpxata), sacrilege (ispon7.ia), and many others esteemed
less heinous; «J>a^tj, an action for the crime of embezzling ot in some way
squandering public property ; "EfSft.|t?, an action against persons usurping
prerogatives not belonging to them, or refusing trial although confessino- guilt;
ATtaywyji, an action against a criminal taken in the act; E(j));y>;'jts, against a
criminal found in concealment and there visited by a magistrate; 'Ai'6f>o?.);'4ta,
against such as concealed a murderer, which allowed the relatives of the mur-
dered person to seize three persons connected with the concealing party and
retain them until further satisfaction ; 'Etcrayyf Xt'a, an action for a public
offence against the state, or for a breach of trust, or against the Acairr^tai when
one was dissatisfied with their decisions. — Actions belonging to the class called
private were far more numerous, and were named according to their various

Some of the public actions included under the general denomination of ypacpfi, and
not named above, were the following : rpavfia iKTrpovoiag, a wound given by design ; lioi-
Xewrts, conspiracy; aiiiSua, impiety; irpoloaia, treachery; desertion, whether from the
army, Xet-oaTpanov, or the fleet, XsnrovavTioi', or from a particular station, \u-oTaliof; fri-
volous prosecution, crvKo<pavrLa ; bribery both against the giver, kKoapiOi, and against the
receiver, c'opo^oKia.

Some of the -private actions or suits were the following : KaKir/optag Sikij, an action of
slander ; Xfl'""; ^'^kti, an action for usury ; diKia; clkti, an action of battery ; /?Au/?^j, of
trespass ; k'Xoz'is, of theft ; ipevcoixapTvpiov, for perjury.

§ 113. The kinds of punishment were various, according to the nature and
degree of the offence for which they were inflicted. Of those not capital, the
following were the principal : (1) Tifir^fiata, pecuniary ^ne, called also Zr;Lua;
this was sometimes aggravated by corporeal punishment : (2) 'Anuia, disgrace,
which was of three kinds ; first, the loss of some privilege but not of posses-
sions; second, the loss of the rights of a citizen with confiscation of property;


third, the loss of all privileges civil and sacred, both by the criminal himself
and his whole posterity for ever: (3) Aoiafia, slavery; this, however, by So-
lon's laws, could be inflicted only on freedmen, sojourners, and such as had
been disgraced {ati^ioi): (4) SrJyuara, brand-marks, by a hot iron on the
forehead or hands, inflicted chiefly on runaway slaves or freedmen: (5) SrrXr,
in which the name of the offender and his crime were inscribed on a pillar,
exposed to public view : (6) Afo^toj, bonds.- of which there were several kinds;
as the xv^uv (also xXoibi), a wooden collar, which bent down the head and
neck; the xoivl^, a kind of stocks, in which the feet or legs were made fast;
the oavii, a piece of wood to which the ofi'ender was bound as to a pillory ; and
the tpoxoi, a sort of wheel, applied to slaves who were bound to it and tortured :
(7) ^vyr;, asL^vyia, banishment, with confiscation of goods.

Banishment is said to have been preferred by the Greek courts to imprisonment on account
of the expense occasioned by the latter. The prison at Athens was termed 6e(riJAxiTf]'piov, and by
euphemism, 6iKr\fia. Prisons in diflferent regions were called by different names : in Bceotia,
there was the ' KvayKaXov ; at Sparta, the Kfujaj ; at Cyprus, the kfpa/ioj ; at Corinth, the KcDs ;
at Samos, the Topyvpa.

§ 114. The Ostracism, o^rpaxtcf^iioj, M'as not, properly speaking, a judicial
punishment. It was a banishment for ten years, of such persons as were thouo-ht
to be dangerous to the state. The votes were given by shells, ocrrpaxa; each
man marked upon his oarpaxor the name of the person he would banish ; if
the same name was upon the majority of 6000 shells, the person was sentenced
to banishment. The most upright and most distinguished citizens fell under
this sentence ; and the Athenians finally abolished it, as the Syracusans did a
similar custom among them. The Syracusan punishment was called HitaXia-
fib^, because the name was written on leaves, TtttaXa.

The ostracism is said by some to have been instituted by Hippias, son of Hipparchus ; other?
say by Clisthenes, B. C. about 510, who was first banished by it. It continued about one hun-
dred years; it was abolished B.C. about 412, and because it was then degraded by being em-
ployed on a very contemptible person by the name of Hyperbolas. Among the illustrious Athe-
nians who were driven from the city by this pernicious custom, were Theniistocles, Thucydides,
Cimon, and Aristides.

Geinoz, L'Ostracism, in the Mem. de VAcad. da Inscr. vol. xii. p. 145.

§ 115. The punishment of death, Qavato^, was inflicted in several modes; as
by the sword, Hi-'toj, beheading; by the rope, Bpoxo^, strangling or hanging; by
poison, ^dpixaxov, drinking hemlock (xwve tov) usually ; by the precipice,
Kpj/^i/oj, casting from a rock or height ; by the KataTiovrtafibi, drowning.

Other modes of inflicting death were, by the Sraupdj, crucifying, a mode used by
the Greeks less frequemly than by the Romans ; by the cudgels, TvnTram, or beating,
in which the malefactor was hung on a pole ; by throwing into a pit, Bdf:aOf)ov, which
was a noisome hole with sharp spikes at the top and bottom (called also "Opvyi^a) ; by

stoning, Ai6o,3o\ia; and hj hurning, Wvp. The punishment of death could not be

lawfully inflicted upon any citizen of Athens during the absence of the sacred galley
{r\ irdpaXo; rpifipris) which was annually sent to the island Delos with a solemn sacrifice.

§ 116. Public rewards and honors were awarded to meritorious persons.
Among these, were the following; (I) IlpofSpta, the front or /rs/ sea/, in the
theatres, at the festivals and on all public occasions ; (2) 'Etzwv, a statue,
erected in a public place; (3) 'Etifavoi,, crowns, conferred by the senate, or the
people, or by particular tribes and boroughs upon their own members; these
were most frequently a reward for valor and military skill ; (4) 'AriXfia, ex-
emption from taxes, which was of various degrees, but seldom extended to the
contributions required for war and for the navy; (5) StVrjtftj iv Jlpvtavitu),
entertainment in the common hall, called Prytaneum ; originally limited to a
single day; but afterwards daily and permanent in the case of some (dstatfot) ;
it was an honor bestowed on the most worthy men, sometimes upon whole
families, and was viewed as a high distinction. After the death of such as
had received special honors, their children and descendants enjoyed in some
measure the benefit of the same. These honors were obtained with difficulty
in the better times of the republic, but became quite common afterwards, and
lost their salutary influence in a state of corrupted manners.

§ 117. No people of antiquity was so much celebrated for the wisdom of their
laws as the Greeks. The first legislation in Greece is ascribed to Ceres and


Triptolemus (P. 11. § 61). Afterwards, Theseus, Draco, Solon, Clisthenes, and
Demetrius Phalereus, were the most distinguished authors of the laws adopted
by the Athenians. The number of the Attic laws was constantly increased with
the changing circumstances of the state. It was commonly the province of the
UpvTfdvsii to propose laws. A proposal adopted in the assembly was called
either a decree, 4^(|>to,ita, when it had only some specific application, or law,
pofioi, when its obligation was universal and unchanging. An ordinance of
Solon required an annual revision of the laws, to ascertain what alterations or
additions mio-ht be necessary. His own laws were inscribed on tables of wood
(of. P. IV. fsS).

1. The term vofios designates what may be called a constitutional law, or established
Drinciple, as distinguished from a particular enactment ; thus it would be applied e. g.
to the laws of Draco and Solon, although those of Draco were commonly called
9£(T/iO(, in distinction from those of Solon called ^ofot. The term i'o//of is also sometimes
used in the sense of Si/zij, a natural right or social usage or fixed custom.

2. If one wished to introduce a law, he named it to the np<Tav£ig, who brought it
before the senate (,{?oiiX;?) ; if the senate approved, it was called a n/w/JovAjn/^a ; it was
written by the nporumf upon a tablet, which was fixed up publicly at the statues of the
'Emovvjxoi, some days before the meeting of the assembly (£>c/cA)7o-ia) ; from this circum-
stance, it was also called 7rpdypa,uf/a.

It will not comport with the limits of this sketch to detail particular Athenian laws.— These may be found in Sam. Petit, Leges
Atticse (cf. P. V. § 55. 3), and in the work entitled JurisprudeiUia Romana el Mtica, T. iii.— Comp. Ju. Meursii Themis Attica-

t,. B. 1624. 4.— See also Pof/erV Archseologia Graeca, bk. i. ch. xxvi. The most remarkable laws of the Greeks generally are

exhibited by Kdphe iu NitsMs Beschreibung, &c. cited § 13.

§ 118. Next to Athens, Laceda?mon was the most flourishing of the Grecian
states, and its most remarkable antiquities should be briefly noticed (cf. § 40).
The province in which this city lay bore the same name, but was called also
Lelegia, CEbalia, Laconia or Laconica, and was the largest part of the Pelo-
ponnesus. The city of Laced^mon or Sparta was situated in an unbroken
plain, on the river Eurotas, and was in early times, according to the direction
of Lycurgus, without walls. Its soil was fertile, and its internal plan and its
edifices such as to be respectable, although they did not give a just idea of the
power and resources of the state.

On the civil constitution of this state, we may refer to /. K. F. Manso, Sparta, ein Versuch zur Aufklarung der Geschichte und
Verfassung dieses Staats. Leipz. 1800-5. 3 vols. 8.—Nitsch, Beschreibung, &c. as cited § IS.—MWler, History and Antiquities of
the Doric Race. Tnnsl. by Tufnell and Lewis. Oxf. 1830. 2 vols. S.— IV. Drummund, Review of the Governments of Sparta
and Athens. — C. P. Levesque, Sur la Constitution de Sparta, in \he Mem. de VhulUut, Classe des Sciences Mor. et Pol. vol. iii.

On the topography and ruins of Sparta, see P. I. §§ 126-129.— A view of the modern village Mulra, near its site, is given in the
Plate on pa^e 37.

§ 119. In Lacedasmon the citizens were of two kinds, such as had received
the rights of citizenship by inheritance from their parents, and such as had
acquired them personally. They were together divided into six tribes, of which
that of the Heraclidae was the first. Each of these was again subdivided into
five classes, called ci.ia!,', making thirty in all. The presidents or leaders of
these were called rfpoaxtat.

1. The first class of citizens, being of free-born parents, and having complied with
all the Spartan discipline, were called the b^owi, or equals; while the other class were
termed iroiisioi^-e;, inferiors, including freedmen and sons of freedmen, and all such
as had not fully conformed to the Spartan discipline.

C. F. Hermann, De conditione atque origine eorum qui Homcei ap. Laced, appellati sunt. Marb. 1&'}2. i.—Same author, De
eausis turbat^e apud Lacedasmonios agrorum aequalitatis. Marb. 1834.

2. The division into six tribes, above referred to, was made by Lycurgus. Some
state five as the number, not considering the HeraclidcB as a separate tribe. The
others were the Aiiivarai, so called from their residing near the marsh or morass (Xi'^i-r;)
on the north side of the city; the YLwoaovpEig, so called from their vicinity to a branch
of mount Taygetus termed Km'oaovpa {dog's tail) on account of hs figure ; the Uiravi-
rai; the MeGaoarai; and the AlyeTca-, who received this name because they re.sided near

the tomb of ^geus, Aiyrfj. Muller asserts', that in every Doric state there were

thref tribes, 'YXXsXg, nap(pv\oi, and Av/xai/drat or Av^ave; ; or the Hyllean, Di/?}ia7iafa7i,
and Pamphylian ; and says, we cannot suppose the existence in Sparta of any other
ihan these genuine Doric tribes. He represents each of these as divided into ten (hPai,
and adds, that two and probably more, yet not all, of the dipat of the Hyllean tribe
must have been HeraclidcB. Each of the oj^ai is said to have contained ten rpiuKacsi,
w^dch were communities comprising thirty families. — There was another division of
the Spartans, into six nooai consisting only of such^ as were of a proper age for mill*


tary service. -A subdivision of tribes into (pparpiai, or yevri, or rptrrves, is also mentioned
as having prevailed^ in various places.

J See muter, Hist, and Antiq. as cited § IIS. vol. ii. p. 76-80. 9 Cf. Robinson, Archaeol. Grasc 3 Wachsmutk, Histor.

Ant. of Greece.

§ 120. It is known that the Spartans were obliged, on the birth of their
children, to subject them to a close scrutiny as to their vigor and soundness of
constitution, and to submit it to the decision of the presidents of the w|3cu, or
clans, whether they were suitable to be preserved and raised ; a regulation
designed to prevent a population of weak and sickly citizens. The education
of the children was treated with the greatest care. All the citizens not only
had equal rights, but also a community of goods and privileges. The lands
were, by the laws of Lycurgus, equally apportioned among them.

As soon as a child was born, it was carried to a place called Lesche (Asaxi) to be
examined by the elders of the family or clan. If disapproved as having an imperfect
frame or weak constitution, it was cast into a gulf, called, 'A-rroSt-ai, near mount Tay-
getus. If approved, a share of the public lands was assigned to it, and it was taken
back to the father's house and laid on a shield with a spear placed near it. The
whole education was intrusted to the parent until the child reached the age of seven ;
then the regular pubhc education {dywyh) commenced. The boys at this age were in-
rolled in the classes termed Agelce (dye'XaL or /?o?ot, herds) ; such as refused this lost
the rights of citizenship ; none but the immediate heir to the throne was excepted ;
the other sons of the kings were obliged to submit to the correction of the master
{UaiSovopios). The discipline was more strict after the age oi twelve. At about sixteen
they were called cri^emai. At eighteen they entered the classes termed t^iriPoi. and
about two years after received the appellation of upem or 'ipsveg, and were admitted to
the public banquets. At thirty they were ranked as men, e^rit^oi, and were allowed to
undertake public offices.

Cf. Milller, as above cited, vol. ii. p. 313.

§ 121. The slaves among the Lacedaemonians were treated with great cruelty
(cf. § 99). There appears to have been but one class, viz. the He/ois ("EawT'fj),
who according to the common account were derived from the maritime town
Helos C'Exo?) captured by the Spartans. Others consider the name as derived
from the verb fXw, and signifying prisoners. The unhappy Messenians taken
in the second Messenian war were incorporated among the Helots.

1 u. The Helots were required to cultivate the land, and perform the most laborious
and dangerous services in war. They were exposed to every sort of abuse, and even
to the murderous attack of the young Spartans, especially in the custom termed
KprmTEia, which was an annual legalized hunt against these degraded subjects. Yet
some among them, as a reward of distinguished merit, obtained liberty and citizen-
ship, on occasion of receiving which they were crowned with garlands and led about
the temples. They then were called eirivvaKToi, or Apcrat, or veoSaix'ikig . 1 he last epi-
thet seems to have designated such as enjoyed more of civil rights than the common
freedmen, whose rank was far below that of the free-born. Tlie number of slaves in
this state was very large.

2. The d'pcrai were a class released probably from all service ; the cpvKrfjpeg were
slaves employed only in war ; the hcnromovavrai served on board the fleet ; the poOoives,
were domestic slaves brought up with the young Spartans and then emancipated.

3. There was another class of inhabitants in the province of Lacediemon, who al-
though not slaves were yet held in a state of subjection by the Spartans. They were
the natives of towns reduced by the latter to a tributary and dependent state ; they
were called Periceci {lltpioiKOi). They were engaged in the navy and in the army
along with Spartan citizens, and sometimes were intrusted with offices : at the battle
of Platsea there were 10,000 men of this class.

Respecting the Periteci and the Helots, see MUller, vol. ii. p. 17, 30.— CapperonUn, Sur I'esclavage des Hiloles, in the Mem. Acad.
/iMcr. ixiii. 271.

§ 122. At the head of government were two kings or leaders (a.p;>;ay8-r'at),
who must be certainly descended from the Heraclidse. and must possess an
unexceptionable exterior. They did not possess the full regal authority (rtau-
(BacftXft'a), but a power limited by the laws, to which they were accustomed
every month to swear obedience. In war their power was greatest. They had
also the oversight of the worship of the gods, and sometimes performed the
office of priests.

In peace their chief civil prerogative was to preside in the senate ana propose ttiu
subjects for deliberation ; and each could give his vote on any question. In war the


Spartan kings had unlimited command {orpaTriyd; ivroKpamp), and could even put to
death without trial {iv xeipdi vojio)). They are said also to have had in time of v^^ar espe-
cially a body-guard of three hundred of the noblest of the Spartan youths {l7n:eXs,)%
from this number five were annually selected and employed for one year, under the
name of dya9oEpyoi, in missions to other states. Many dissensions grew out of the
doable monarchy {oiapxh). The royal revenue was very great. Cf. 3Iuller, vol. ii.
p. 106.

§ 123. Lycurgus established a senate of 28 men, of blameless character, and
upwards of 60 years old, which was called yipovata, or y^pwi^ta. The members
had an equal right of voting- with the two kings, and rendered no account of the
manner of discharging their office. — There were also five Ephori (t^opot), who had
an oversight of the whole state, and whose duty required them to assert the
rights of the people against the kings. They were chosen from among the
people, without reference to condition. — The BftStatot were a class of offi-
cers, who were placed over the t^TjjBot,, between the ages of 18 and 20.

The Ephori enjoyed a power which was called laoTvpawog, and were not required to
give any account of their discharge of it; but they were appointed only for one year.
Their tribunal {l(popdov) was in the forum. — The 'ReiciaXoi were five in number, with a

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