THE KING-ARCHON. The second of the Archons received this name, because the religious part of the kingly office was preserved mainly in his person; and therefore he presided over some of the most ancient and solemn festivals, as the Lenæa, the Eleusinian mysteries, the Lampadephoria. His wife was called queen, and, as she had to officiate at some important sacrifices, she was required to be of pure Attic blood like himself, and married a virgin. He exercised jurisdiction over all cases of murder and homicide; (for by them the city was polluted, and he, as guardian of religion, had to see that the pollution was duly expiated :) likewise cases of malicious wounding or attempt to murder, poisoning, procuring of abortion, and arson.* All these he brought before the Areopagus or such other court as was appointed to try them. For a like reason he had cognizance of all charges of impiety, and of disputes between different persons or families concerning the right to any priesthood or the privileges belonging to it. The term impiety at Athens embraced a wide range of crime, and as the law was not capable of very exact definition, it was sometimes made the vehicle of unjust persecution, as we know to have been the case in modern times. Among the offences comprised under this title were atheism and blasphemy, sacrilege, profanation of temples or sacred property, neglect of prescribed ceremonials, divulgation of mysteries. The charge against Socrates was- "that he did not believe in the gods of his country, that he introduced the worship of new divinities, and that he corrupted young men." The speech of Andocides on the Mysteries is his own defence to a charge of having profaned the mysteries of Eleusis. We have a speech of Lysias in defence of a man accused of digging up a sacred olive-tree.3 Aristotle was accused of impiety, in having composed a hymn in honour of his friend Hermias and paid him divine honours. Doubtful of the result, he fled from Athens, and said, in allusion to the fate of Socrates, that he would not give the Athenians an opportunity of sinning a second time against philosophy. The office of the King-Archon was in the King's Porch.* THE POLEMARCH. He, as his name imports, was once commander-in-chief of the army. When the ten generals were created, the right of joint command was reserved to him; and in councils of war he had an equal voice with all the ten; but this was soon changed, and his vote came to be counted only for one. At Marathon the Polemarch Callimachus (1) See especially Demosthenes, contr. Neær. 1370, and Lysias contr. Andoc. 103. (2) These cases were entitled, τραύματος ἐκ προνοίας, βουλεύσεως, φαρμάκων οι φαρμακείας, ἀμβλώσεως, πυρκαϊας. (3) The Oration περὶ τοῦ σήκου. (4) See Meier & Schömann, Att. Proc. pp. 47, 300, 471. voted for battle with Miltiades, and commanded the right wing or the army. But this was about the last occasion of any Polemarch appearing at the head of the troops. He ceased from this time to have any duties connected with war, except the superintendence of some funeral games in honour of the slain: he became in short a purely civil magistrate, his office being to overlook and protect the aliens resident in the city. Even here indeed we trace the memory of his ancient functions: for in early times, both among the Greeks and the Romans, stranger and enemy were described by the same name: hostis (says Cicero)2 apud majores nostros is dicebatur quem nunc peregrinum dicimus. In the advance of civilization, when strangers came to be regarded with more humanity, and their rights to be recognised by law, it was not surprising that they should be placed under the care of a minister of war. The civil duties of the Polemarch have been compared to those of the Prætor Peregrinus at Rome. He had the same jurisdiction over the family rights of resident aliens, which the chief Archon exercised over citizens. He received complaints against them for acting without a patron; and those preferred against freedmen for neglect of duty to their former masters.3 In criminal proceedings against an alien, which did not concern his personal status or his family rights, the jurisdiction depended on the subject-matter of the charge. Private suits, in which an alien was defendant, were (with a very few exceptions) heard before the Polemarch. He had an office in the Lyceum.* THE ASSESSORS. Each of the three superior Archons nominated two Assessors (Paredri), who assisted him with their counsel, and occasionally acted as his deputies. Although removable by the person who appointed them, the Assessors were themselves considered to hold magisterial rank: they underwent an examination by the Council before their appointment was ratified, and were liable at the end of the year to render an account.5 THE THESMOTHETÆ OR JUDGES. The remaining six Archons, who bore this title, acted together as a board, and had an extensive department of judicial duty assigned to them. Hence indeed they received their name, which signifies "makers of laws or ordinances:" a name by no means inappropriate in ancient times, when the Archons heard and decided the causes brought before them, without having codes or precedents to control their judgment. Under such circumstances the person who decides (1) Herodotus, vi. 109, 111. (2) Cicero, de Officiis, i. 12. The Lacedæmonians called the Persians évot. Herodotus, ix. 11. Buttmann suggests that the word expos is derived from èk. (3) See the last Appendix. (4) Meier & Schömann, Att. Proc. pp. 50, 315, 473. (5) Meier & Schömann Att. Proc. p. 57. the case in effect makes the law, and the judge and legislator are one. Grote observes, that strictly all the nine archons were equally entitled to the name of Thesmotheta. Doubtless it was given to the last six, because their jurisdiction was more extensive. Thus it appears, that no better translation could be found for Thesmothetæ, than that of Judges, which I have chosen. True it is, that other magistrates besides them superintended courts of justice. But the same objection might be made to the application of the term Judges in our own language; since, besides those who receive that special designation, there are a multitude of commissioners, recorders, magistrates, and others, who perform judicial duties. All judicial power having anciently been vested in the nine Archons, the Thesmothetæ then had cognizance of all matters which were not specially appropriated to the other three. In later times portions of their jurisdiction were transferred to other functionaries, who either were newly elected, or received an accession of authority; as the Logistæ or Auditors, the Generals, the Eleven, the Forty, and others. Still a very ample jurisdiction was left for these the Judges properly so called; being, as Meier says, the remainder of all possible jurisdiction, after subtracting what was specially given to other magistrates. Among the various matters of which, either from ancient authors or the testimony of grammarians, we know the Thesmothetæ to have had cognizance, are the following-Charges against magistrates on their probation2: informations for offences against the mine-laws: most cases of Probole: appeals against townships for ejecting members; indictments for pettifogging practices, for false entries of debtors in the public register, or false swearing to prove a summons: charges of theft, bribery, adultery, and personal outrage. Also a great variety of civil actions; as those for the recovery (1) Grote's History of Greece, iii. p. 99. 6 According to the proper sense of the word Thesmotheta, all the nine Archons were entitled to be so called, though the first three had especial designations of their own: the word Thesmoi (analogous to the Themistes of Homer) includes in its meaning both general laws and particular sentences-the two ideas not being yet discriminated, and the general law being conceived only in its application to some particular case. Draco was the first Thesmothet who was called upon to set down his Thesmoi in writing, and thus to invest them essentially with a character of more or less generality." In a note he adds: "Both Aristotle (Polit. ii. 9. 9.) and Demosthenes (contr. Everg. et Mnesibul. p. 1161) call the ordinances of Draco vóuo, not eouoi. Andocides distinguishes the beauoi of Draco and the vóμor of Solon. (De Mysteriis, p. 11.) This is the adoption of a phrase comparatively modern; Solon called his own laws coμoi. The oath of the epiroλoi eonßor (the youth who formed the armed police of Attica during the first two years of their military age), as given in Pollux (viii. 106), seems to contain at least many ancient phrases : this phrase, καὶ τοῖς θεσμοῖς τοῖς ἱδρυμένοις Teigoμa, is remarkable, as it indicates the ancient association of religious sanction which adhered to the word Beauoi; for iòpuerta is the word employed with reference to the establishment and domiciliation of the gods who protected the country: Béolai vóμous is the later expression for making laws." (3) φάσεις. (8) Κλοπῆς, δώρων, μοιχείας, ὕβρεως. of land, houses, and mesne profits:1 actions for debt, deposit, breach of contract, abusive language, damage or tort-feasance: 2 further, all those which were described by the generic titles of mining causes, mercantile causes, and club causes.3 Treaties with foreign states, arranging terms for the reciprocal administration of justice, were settled by a court under the direction of the Thesmothetæ; and causes tried at Athens under such arrangement belonged to their jurisdiction.* Connected with their character, as judges or ministers of the law, was the duty, which we have seen was imposed on them, of annually revising the whole body of statutes, and making a report thereon to the people. It was their business likewise to select the juries for the different law-courts, and impanel them for trial. If Ulpian is to be credited, they acted in some measure as conservators of the peace, walking in the streets at night to prevent robbery." They had an office called Thesmothesium in the market-place, attached very likely to the Prytancum.7 There were two cases in which all the nine Archons had jurisdiction in common: first, in the prosecution of deposed magistrates; secondly, upon indictments for passing illegal measures. The Archons were always regarded as being, in point of honour and dignity, the chief magistrates of the state. They, as we have seen, were exempted from the trierarchy; a privilege which no other persons enjoyed by virtue of their station. While engaged in official duty, they wore crowns of myrtle; and for any one to strike or insult them at such a time was, as we learn from Demosthenes, a high misdemeanor. At the end of the year, if their duties had been properly discharged, they became members of the Areopagus.9 APPENDIX V. HARMODIUS AND ARISTOGITON. THESE tyrannicides, so famous in history and in song, Shilleto 10 entitles "miscalled patriots and worthless men." And undoubtedly, if tried by the standard of Christian morality, the very attachment which has rendered their names immortal, by associating them with the restoration of Athenian liberty, would in our estimation serve only to degrade them. Their merits however are not to be tried by such a (1) Χωρίου, οἰκίας, ἐνοικίου. But where the proceeding was to recover the inheritance of a deceased person, the Archon had cognizance. (2) Χρέους, ἀργυρίου, συμβολαίων παραβάσεως, κακηγορίας, βλάβης, (3) Δίκαι μεταλλικαί, εμπορικαί, ἐρανικαί, (4) Σύμβολα, and δίκαι ἀπὸ συμβόλων. (5) Vol. II. Appendix VII. (6) Ante, p. 78. (7) Meier & Schömann, Att. Proc. pp. 59, 319, 474, 773. (8) Schömann, de Comitiis, 232. Meier & Schömann, Att. Proc. 40, 282. standard: whoever would judge them fairly, must throw himself as well as he can into the feelings of an ancient Athenian. It must not be forgotten that practices which the laws of Solon condemned were tolerated by the loose morals of the day: and even had this not been so, the Athenians would have forgiven much to the memory of men, whom they regarded as their deliverers from an odious tyranny. Odious I say: for though, at the time when the two friends raised their steel against Hipparchus, neither that prince nor his brother had behaved oppressively to the great body of the people, yet they were in a position which enabled them to exercise what oppression they pleased; and the very circumstances which led to the conspiracy against them forcibly illustrated the danger of conceding to any man a power above the laws. The words uttered two centuries after by Hyperides, we don't want a mild despot," express what in the breast of an ancient Athenian was a deep sentiment of patriotism. The tyrant or despot, however virtuous or humane he might be in his private character, was still a man of lawless power and arbitrary will, who could slay, imprison, or outrage any one he chose with impunity. The only sure protection for life and property, for all that a freeman heid dear to him, was to live in a republic under equal laws. So thought, so felt a good citizen of Athens from the days of Solon to those of Demosthenes. Hippias, the eldest of the sons of Pisistratus, succeeded to his father in the year B.C. 527. He was assisted in the government by his brother Hipparchus; their administration was mild and equitable, and even in accordance with the pre-established laws and institutions of Athens, so far as was consistent with the maintenance of their own authority. Hipparchus inherited the literary tastes of his father, and was on intimate terms with the great poets of the day, Simonides and Anacreon, the latter of whom he induced to visit Athens. The author of the Platonic dialogue which bears his name commends Hipparchus in exaggerated terms for his wisdom and virtue. He was at least inspired with the ambition of being thought a moralist, and he distributed about the city and public roads busts of Hermes, which, while they answered a similar purpose to our milestones, arrested the eye of the passenger with pithy and laconic apophthegms in verse, such as, "Do not deceive your friend," "Persevere in affection to justice;" and the like. Yet with all his affectation of morality he was not the less addicted to sensual and unlawful pleasures. He cast his eye upon Harmodius, a beautiful Athenian youth, and affronted him with solicitations, which were indignantly repelled. In revenge for this disdain, he put a public insult upon the sister of the youth, summoning her to attend a religious procession as one of the Canephora or basket-carriers, and, when she presented herself, disavowing the summons, and scornfully rejecting her as a person utterly unworthy of such an office. Meanwhile Harmodius had informed his friend Aristogiton of the overtures |