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two the Nomothetæ fhall judge beft, that fhall be in Force; yet this Caution must be observ'd, that no Law fhall be enacted which gainfays any of the reft; and the Perfon who fhall give in a Law inconfiftent with the former Conftitutions, fhall be dealt with according to the Rigour of the Act against those, who promote prejudicial Laws*. See as before.

He, who to abrogate an old Law, promiseth to make a new one, doth not, fhall be fin'd

The Thefmotheta fhall yearly affemble in the Repofitory of the Laws, and cautiously examine whether one Law bears any Contradiction to another; whether there be any Law unratified, or Duplicates about the fame things; if any of thefe fhall occur in their Examination, it fhall be written on a Tablet, and publish'd at the Statues of the Eponimi. Which done, by the Epiftata's Order, the People fhall vote which of them fhallTM be made void, or ratified. See as before.

No Man fhall enact a Law in behalf of any private Person, unless fix thoufand Citizens give leave by private Votes. This was one of Solon's Laws b

It fhall be a capital Crime for any Man to cite a fictitious Law in any Court of Juftice*.

The Laws fhall be in Force from the Archonship of Euclides. This Law was enacted after the Expulsion of the thirty Tyrants, and intimate that what had been done under their Ufurpation fhould not thenceforth be enquir'd into, an At of Amnesty having been pass'd.

Diocles hath enacted, that the Laws enacted during the Freedom of the Commonwealth, before Euclides was Archon, and alfo thofe which were made in his Archonship fhall be in full Force henceforward. Those which have been enacted fince the Archonship of Euclides, or hereafter to be enacted, fhall be in Force from the Day, wherein each of them fhall be enacted, unless a particular time, wherein their Force fhall begin, is fpecify'd in the Law. Thofe which are now in Force, fhall be tranfcrib'd into the publick Records by the Notary of the Senate within thirty Days. But the Laws hereafter to be made, fhall be transcrib'd and begin to be in Force from the Day of their being enacted. This Law gave perpetual Force and Authority to the Laws of Solon, which were at first nated only for an bundred Years, as has been elsewhere obferv'd.

Laws referring to Decrees of the Senate, and
Commonalty.

YHO

Hopiruara, or Decrees of the Senate, are to be but of one Year's continuance. See Book I. Chap. xviii..

No Pfephifm fhall pass to the Commons, before the Senate's Supervifal. One of Solon's Laws. See as before.

Demofthenes ibid. & in Leptin.

Ctesiphontem.

* Upianus in Leptin.

• Æfchines in

Andocides de Myfteriis, Æneas Gazans in Theophrafisins.

Demofthenes Orat. II. in Ariftogitonem. a Andotides de Myfteriis. "Demof Demoßihenes in Ariftocratem. & Platartha's Sotoni.

thenes in Fimocrat.

L 3

The

The Tablets on which the Pfephims are engrav'd, are by no means to be remov'd 8.

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Let no Pfephifm be of greater Authority than the Laws, the Senate, or the People.

No Sophistication is to be contain'd in a Pfephifmi.

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Laws concerning native and enfranchis'd Citizens.

LL Laws are to be alike obligatory towards the whole Body of the People. One of Thefeus's. Lawsk

All Priefts and Archons are to be elected out of the Nobility, (nagd) whofe Duty 'tis to interpret all Laws both Civil and Divine. Another of Thefeus's Laws. See Book I. Chap. iii.

The Oris, or thofe of the meaneft Sort, fhall be capable of no Magiftracy. This and the following Law are Solon's ". See Book I. Chap. iv. The Os fhall have right of Suffrage in publick Affemblies, and of being elected Judges.

Let all the Citizens have an equal Share in the Government, and the Archons be indifferently elected out of them all. This Law was enacted by Ariftides. See Book I. Chap. xi.

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No Perfons but fuch as have fuffer'd perpetual Banishment, or those who with their whole Families come to Athens for the Conveniency of Trade, fhall be enroll'd among the Denizons. One of Solon's Laws °. See Book I. Chap. xi.

Let no Perfon that's a Slave by Birth, be made free of the City P. See Book I. Chap. x.

No one shall be admitted Citizen, unless a particular Eminency of Virtue entitle him to it; and if the People do confer a Citizenship on any one for his Merits, he fhall not be ratified before the Athenians, at the next Meeting of the Affembly, honour him with fix thoufand private Votes; the Prytanes likewife fhall give them, before the Entrance of the Strangers, the Boxes with the Calculi, and take away the Largeffes. Now these Persons after Enfranchisement, fhall be altogether incapable of being Archons, or Pricfts; as for their Children, they may officiate, if born of a free Woman; if the Perfons made free prefume the taking up of any Office, any free born Man may bring an Action against them, as Interlopers on his Privileges 1. This Law was enacted after the Victory over Mardonius near Platex. See Book I. Chap. ix.

There fhall be a Difquifition made, whether they who are inserted in the Register of Citizens, be fo or no; they who fhall not be found Citizens on both fides, let them be eras'd out; the Determination of this fhall be by their own Borough, by whom if they be caft, and acquiefce in their Sentence without any farther Appeal to an higher

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Court, they hall be rank'd among the Sojourners; but they that after Appeal fhall be condemn'd by the higher Court, fhall be fold for Slaves; or if acquitted, fhall continue in their Freedom. See as before. This Law was enacted, Archias being Archon.

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It's permitted any Athenian to leave the City, and take his Family and Goods along with him.

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adopted.

HEY only fhall be reckon'd Citizens, whofe Parents are both fo See Book I. Chap.iv This Law was enacted at the infrance of Pericles.

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He fhall be lookt on as a Baftard, whofe Mother is hot free" This was enacted by Ariftophon the Orator.

Let none of fpurious Birth, whether Male or Female, inherit either in facred or civil Things, from the time of Euclides being Archon")

That Inheritance fhall pass for good, which is given by a childless Perfon to an adopted Son *.

Adoption must be made by Perfons living. i. e. Not by their last Testa

ment.

No one, except the Perfon who adopted fhall have a legitimate Son, fhall relinquish the Family into which he is adopted, to return into his Natural. One of Solon's Laws See Book IV. Chap. xv om nat Parents may give their Children what Names they will, or change thofe they have for others. See Book IV Chap. xiv.

Whenever Parents come to enrol their Children, whether genuine, or adopted, in the publick Register of the Qgareps, they are oblig'd to profefs by Oath, that they were lawfully begotten of a free Woman". See Book I. Chap. ix.

Beafts defign'd at this time for the Altar, are to be of a certain Weight, a Goat to weigh fifty a, and two Sheep forty eight. camins o

The Oath to be taken by the Ephebi.

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VX

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I'my Pot, or revolt front my General, but I'll fight for my Coun

LL never do any thing to difgrace this Armour; I'll never fly from

try and Religion, in an Army or fingle Combat; I'll never be the Cause of weakning or endamaging my Country, and if it be my Fortune to fail on the Seas, my Country thinking fit to fend, me in a Colo1 me a ny, I'll willingly acquiefce and enjoy that Land which is allotted me. I'll firmly adhere to the prefent Conftitution of Affairs, and whatfoever Enactions the People fhall pleafe to pals, I'll fee no body violate or pervert them, but I'll either fingly by my felf, or by joining with

• Argumentum Dermofthen. Orat. πρὸς Εὐβουλίδην ἐφέσεως. Plutarchy's Pericle.

in Macartatum.

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* Demofthenes in Leocharem."

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Plate Critone?
Demofthenes

Libanins Argumento Orat. Demofthenes in Leocharem. z'ffens de hæred. Philoctemomis, Harpocration. shenes Orat. in Baotum de nomine. Ifans de hæred. Apollodori.

L

Demof

others,

others, endeavour to revenge them. I'll conform to my Country's Rehgion: I swear by these following Deities, viz. the Agrauli, Engalius, Mars, Jupiter, the Earth, and Diana.

If Occafion require, I'll lay down my Life for my Native Country. My Endeavours to extend the Dominions of Athens fhall never cease, while there are Wheat, Barley, Vineyards and Olive-trees without its Limits C.

Parents fhall have full Right to difinherit their Children. See Book IV. Chap. xv.

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No one fhall fell his Daughter, or Sifter, unless he can prove her to be a Whore One of Solon's Laws ( See Book I. Chápe x

The first Inftitution of Youth is to be in Swimming, and the Rudiments of Literature; as for those, whose Abilities in the World are but mean, let them learn Husbandry, Manufactures, and Trades ; but they, who can afford a genteel Education, hall learn to play on mufical Inftruments, to ride, fhall ftudy Philofophy, learn to hunt, and be instructed in the Gymnical Exercifes. One of Solon's Laws

Let him be fares) infamous, who beats, his Parents, or does not provide for them. One of Solon's Laws. See Book IV. Chap. xv.

If any Man being found guilty of abufing his Parents, frequent prohibited Places, the eleven fhall fetter him, and bring him to a Trial at the Heligan Court, where any one, who is impower'd thereto, may accufe him; if he's here caft, the Helian Judges fhall inflict upon him what Punishment they pleafe, and if they fine him, let him be clapt up in Goal till he pays the whole, Another of Solon's Laws. See as before. No Baftards, or fuch as have been brought up to no Employ, fhall be oblig'd to keep their Parents Another of Solan's Laws. See as before. If any one's Eftate, after his Deceafe, fhall be call'd in Queftion, the Enjoyer of it is oblig'd to prove the Lawfulness of his Parents getting it, according to that golden Precept, Honour your Parents.

He that is undutiful to his Parents, fhall be incapable of bearing any Office, and farther be impeach'd before the Magiftrate. See Book IV, Chap. xv.

If, through the Infirmity of old Age, or Torture of a Disease, any Father be found craz'd and diftemper'd in his Mind, a Son may forthwith have an Action against him, wherein if he be caft, he may keep him in Bonds.

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JLaws belonging to Sojourners.c

EVERY Sojourner is to choose his Patron out of the Citizens, wher

is to pay his Tribute to the Collectors, and take Care of all his other Concerns. See Book I. Chap. x. as alfe in the following Laws.

Stobans, Pollux, Plutarchus Alcibiade, Ulpianus in Demofthenis Orat, de falfa legat. Demosthenes Orat. in Baotum.

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e Plutarchus Salane.

& Demofthenes Orat. in Timocratem.
Xenophon Απομνημ. lib. I.

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Diagones Laertins,
Plutarchus Solene.

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Let there be an Action against them, who don't choose a Patron, or Pay Tribute.

In this Action no Foreigner fhall appear as a Witness.

Let them be caft into Prifon before Sentence is paft, without any grant of Bailment, on whom the Action of via is laid, but if condemn'd they fhall be fold; whoever is acquitted of this Imputation may accuse his Adversary of Bribery'. See Book I. Chap. xi.

Laws relating to a Slave, and freed Servants.

E that beats another Man's Servant, may have an Action of Bat

Hey brought against him. See Book I. Chap. 3. and in Jeveral

of the following Laws.

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No one may fell a Captive for a Slave, without the Confent of his former Mafter: If any Captive hath been fold, he shall be refcu'd, and let his Refcuer put in Sureties for his Appearance before the Polemarcbus". If any Slave's Freedom hath been unjustly afferted by another, the Af fertor fhall be liable to pay half the Price of the Slave.

Any Slave, unable to drudge under the Imperiousness of his Mafter, may compel him to let him quit his Service for one more mild and gentle P

Slaves may buy themselves out of Bondage 9.

No Slaves are to have their Liberty given them in the Theatre; the Crier that proclaims it fhall be (r) infamous.

All emancipated Slaves fhall pay certain Services, and due Homage to the Mafters who gave them Liberty, choofing them only for their Patrons, and not be wanting in the Performance of those Duties, to which they are oblig'd by Law

Patrons are permitted to bring an Action of Arosárov against fuch freed Slaves, as are remifs in the formention'd Duties, and reduce them to their priftine State of Bondage, if the Charge be prov'd against them; but if the Accufation be groundlefs, they fhall entirely poffels their Free

dom '.

Any who have a Mind, whether Citizens, or Strangers, may appear as Evidence in the abovemention'd Cause ",

He that redeems a Prifoner of War, may claim him as his own, unlefs the Prisoner himself be able to pay his own Ransom ".

Maintenance is by no means to be given to a Slave careless in his Duty *.

Hyperides in Arifagoram.

thetore, Afchines in Timarchum.

Pintarchus de Superftitione.

Xenophon de Athen. Repub,

a Plutarchus Lycurga • Argument. Demofth. Orat. in Theocrinem. 9 Dio Chryfoftimus Orat, XV, * Afcbines in

Ceefiphontem.... 1 Conf. Lexicographos v. ἀπελεύθερος. : Conf. iidem, v. ἀποςάσιον.

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Harpocration ex Hyperide,

Medianam.

* Demofthenes in Nicostratump, × Ulpianus in

Laws

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