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citizens were remiss in attendance, the magistrates shut up all the gates, except such as led to the place of assembly, and removed all goods from the market-place. As a farther inducement, an allowance in money of three oboli was given to all who were present at an early hour.

After certain religious ceremonies, the decree of the senate was read, and then a herald proclaimed: "Who above fifty years will speak?" After the old men had given their opinion, proclamation was made that every citizen was at liberty to speak. The people gave their suffrages by holding up their hands; but on certain occa sions by ballot.

[graphic]

Orator addressing the people of Athens.

The popular assemblies decided respecting peace or war; they received ambassadors, confirmed or abrogated laws; nominated to almost every office; granted the freedom of the state to foreigners; and decreed hono's to such as had deserved well of the republic.

The chief inconvenience attending the popular assemblies was the power which the orators exercised over the popular will by their eloquence; for factious and personal motives, they often recommended measures inimical to the honor and interests of their country. The orators were also accessible to bribes from foreign princes; and the eloquence and patriotism of Demosthenes were too successfully opposed by the gold of Philip of Macedon, received by other speakers.

In Athens the constitution was entirely democratical, but there was always a powerful body of rich individuals, who thought it advisable to curb the power of the people; and they often succeeded in their object. Hence, there was a constant jealousy of their power in the minds of the people, and, unfortunately, it was chiefly levelled at their ablest men, who had signalized themselves the most by their service to the state.

From this fear of the loss of power, the people were led to commit acts of flagrant ingratitude and injustice towards their greatest benefactors. Miltiades, who had sacrificed his own interest to the general welfare and common cause of Greece; who had in fact saved Athens, by his heroism and military talents, was unjustly condemned to pay an excessive fine, and, being unable to pay it, he languished the remainder of his days in prison. His son Cimon, after his father's death, was put in prison till this debt should be discharged. To free themselves also from any apprehension of characters deservedly popular, they had recourse to an arbitrary mode of punishment, called ostracism-a state of exile that lasted for ten years.

The process of condemnation was curious.

Of

the assembled citizens, each took an oyster-shell, or tile, and having written upon it the name of the person intended to be expelled, carried it to the market-place, where a piece of ground was enclosed with wooden rails for that purpose, having_ten gates for the ten tribes to enter separately. The tiles or shells were there deposited; and if, when numbered by the archon, they amounted to ten thousand, the person so prescribed was adjudged to the ostracism. A similar usage prevailed at Argos, Miletus and Megara.

Aristides was banished in this way, from envy of his character, so gloriously acquired in the surname of "the Just." A similar jealousy forced Themistocles into banishment, after he had saved Athens and all Greece, by his admirable conduct in the Persian war. Cimon, Timotheus and other great commanders, who had distinguished themselves, preferred living as much as possible in other countries. Alcibiades was alternately caressed and persecuted by the people; till, by their indiscreet conduct towards him, other generals in the Peloponesian war, brought calamity and ruin on their state.

To distinguished individuals, of whom they entertained no fear, the Athenians gave, as a reward, crowns in their public assemblies. These were conferred by general suffrage, and were afterwards preserved in the families of those who had obtained them, as marks of honor. Foreign cities, by their ambassadors, might also present crowns to their meritorious citizens, after having received permission of the people.

CHAPTER XXIX.

The Court of Areopagus.

THE Court of Areopagus was in the greatest repute throughout Greece, for the wisdom and justice of its decisions. It was sometimes convened in the royal portico, but more frequently in a kind of hall, defended from the weather by a sort of rustic roof. This court received its name from being held sometimes on an eminence, near the citadel, called the hill of Mars.

The origin of this court has been referred to Cecrops, but its jurisdiction was then confined to criminal cases of life and death. This continued to form their chief business in all subsequent periods; but they also, at one time, assumed the inspection and custody of the laws, the guardianship of young men, whom they provided with tutors, to be brought up suitably to their rank. They also punished transgressors of decorum and morals, idleness, rapine, and theft, as well as impiety towards the gods.

The members of this court held their office for life. Such archons as had acquitted themselves with honor at the expiration of their magistracy, were admitted into the Areopagus. Other citizens of irreproachable morals received this honor. The strictest propriety of conduct and behavior, was required of the members. To have been seen sitting in a tavern, was regarded as a sufficient reason for exclusion. Any one found guilty of gross immorality was expelled. The members were

forbidden to write comedies. To laugh during the sitting of the court, would have been thought a blameable levity.

It is related that a member of the Areopagus stifled a bird, that, for fear, had taken refuge in his breast. For this act he was expelled, it being considered that the man whose breast was inaccessible to pity, was disqualified to sit in judgment on the lives of his fellow-creatures. Foreign states frequently referred their disputes to the arbitration of the Areopagus.

This court usually met on the 27th, 28th and 29th day of every month, or more frequently, if urgent business required it. They sat and determined all causes by night and in darkness, that they might not be influenced in favor either of the criminal or the accuser, and that no one might know the number or discern the countenances of

the judges. They sat on seats of stone, and held in their hands a sort of baton as a badge of office. When a multiplicity of business required it, they divided themselves into committees, to decide on separate causes. These appointments were made by lot, that it might not be known who was to try any cause, and that thereby no one might be corrupted or bribed to prejudge any cause. The members received three oboli, that is, about sixty cents, for every cause they tried, and they sometimes received gifts from the people.

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