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to the advice of their counsellors, or the chief men of the state (yepovres, &j/aKTes, &c.), and also to administer justice, Sifcas, fre/uoTas, evSiKias. (It. ii. 660, xvi. 542, Od. xix. 3, iv. 689.)

These notions of law and justice were neces­sarily vague. The regal power, though limited in practice, appears to have been absolute in theory, and, as such, was easily liable to be abused. We find complaints of the.abuse of power in Hesiod (Op. et Dies^ 39. 258) ; and Wachsmuth (Hell. AH. vol. i. pt. i. c. 18) remarks that the Odyssey contains indications of a struggle of the nobility against the sovereign. That many beneficial concessions were made by the kings to their people before the age of authentic history, is not improbable. The changes introduced by Theseus may be considered in this light. But the first great step towards the establishment of constitutional law appears to have been taken by the Athenians, when they abridged the power of the Medontidae, and rendered govern­ment responsible, rr]V /SacrtAeiaf ^ueTeVrTjcrcu/ els apxV vvebQwov. (Pans. iv. 5. § 10.)

The transition from customary or traditionary law to fixed civil ordinances must have taken place gradually. When people came to unite in cities (cruj/w/a^bi'To), and form compact societies, they began to feel the necessity of having permanent laws to define and secure their civil rights. The notion soon sprang up that society was formed for the good of all classes. The expression to koivqv, formerly applied to national leagues and confede­racies (Herod, v. 109), came to denote a united body of citizens ; and equal laws were claimed for all. From this body indeed were excluded all such persons as came under the definition of vrepf-oikoi, provincials (Herod, vi. 58, ix. 11), or serfs, like the Helots ; and all slaves 'of every kind. It was only the townsman (ttoai't^s) and the free­man who could enjoy the privileges of a citizen. The emigrant (dri/x^ros jueTcw/ewrTT/s) though, if he became a resident (/xeroi/cos), he was upon certain conditions admitted to the protection of the law, was never placed on the same footing as the native.

Before any written codes appeared, law was pro­mulgated by the poets or wise men, who sang the great deeds of their ancestors, and delivered their moral and political lessons in verse. Such was the ^Tjrpa (declared law) of Sparta and Tarentum. The laws of Charondas were sung as ffic6\ia at Athens. (Aelian, ii. 39 ; Arist. Probl. xix. 28 ; Athenaeus, xiv. p. 619 ; Wachsm. Hell. Alt. vol. i. pt.i. pp.201,208.) The influence exercised bythese men arose in a great measure from the belief that they were divinely inspired ; a power which was ascribed to most of the ancient law-makers. Thus, the laws of Minos were said to be a revelation from Jupiter (Pausan. iii. 2. § 4) ; Lycurgus was the confidant of the Delphic god ; Zaleucus of Pallas. (Wachsm. vol. i. pt. i. p. 204.) . Some have supposed that the use of y<fytos,in the sense of laiv, was derived from the circumstance of laws having first been in verse, as the same word denotes measure or tune. But this is not surprising, when we consider that principles of harmony are necessary not only to music and poetry, but to the adjustment of the various relations of civil society; and both mean­ings may well be derived from vepeiv (distribuere suum cuique).

As civilisation advanced, laws were reduced to writing, in the shape either of regular codes or dis-


tinct ordinances, and afterwards publicly exhibited, engraved on tablets, or hewn on columns. (Lye. c. Leoc. p. 165, ed. Steph. ; Arist. Pol. v. 9. § 2 ; Plato, Leg. v. p. 738.) The first written laws we hear of are those of Zaleucus. (Wachsm. vol. i. pt. i. p. 208. ) The first at Athens were those of Draco, called i&eoyxot, and by that name distinguished from the repot of Solon. (Andoc. de Myst. p. 1 1, ed. Steph.) From the origin of this word one would suppose that it signified ordained or statute law, TeOels vojuos : but it is frequently used like i^^tus1, in ths sense of natural right or social usage. (Horn. 2'(, ix. 1 34, xi. 778, Od. xxiii. 296.) The six inferior archons were called i^eoyxofleVa*, because a great variety of causes fell under their cognizance, and, in the absence of a written code, those who declare and interpret the laws may be properly said to make them. (Thirl wall, Gr. Hist. vol. ii. p. 17.)

The laws of Lycurgus were not written. He enjoined that they should never be inscribed on any other tablet than the hearts of uis countrymen. (, vol. i. p. 336.) Those of Solon were inscribed on wooden tablets, arranged in pyramidal blocks turning on an axis, called amoves and icvpgeis. (Harpocration and Suidas, s.v. ; Pint. Solon. 25.) They were first hung in the Acropolis, but after­wards brought down to the Prytaneum. (Harpocr. s.v. 'O K&TwQzv v6{ji.os: Pausan. i. 18. §3.) Ar­chives were established for the custody of A.thcnian laws in the temple of the mother of the gods (eV to? jU7]Tpww) with a public servant (ftyjttocnos) to take care of them. (Demosth. de Fals. Leg. 38 1 , c. Aristog. 799.) Others were hung up in various public places, so that any citizen might have access to them, to read or take extracts. For instance, laws which concerned the jurisdiction of the archon were hung up in his office ; those which concerned the senate (|8ouAetm/col vopoi) in their council-room, and so on. (Demosth. c. Aristoc. 627, 643, c. Timoc.7Q6 ; Wachsm. vol.i. pt.i. p. 266 ; Meier and Schom. Ait. Proc. pp. 170, 660.) After the expulsion of the thirty tyrants, in the archonship of Euclides, a decree was passed by the assembly to restore the ancient laws, and appoint a committee to revise them, and propose any alterations or ad­ditions that might seem necessary. The new and old laws were all to be written out in the 'enlarged Ionian alphabet, which had not come into use in Solon's time ; and the whole code thus revised was transcribed on the walls of the portico (els t^v ffTow aveypatyav'). At the same it was enacted that no magistrate should be allowed to use an unwritten law (aypdfycp Se z/d/x&j ras apx"s /•<•?/ XprivQai ju?]5e wepl ej/os, Andoc. de Myst. 11 — 13, ed. Steph.)

According to these statutes of Solon, and those which were subsequently enacted at various times, the magistrates and the judges at Athens were bound to administer the law, executive and judi­cial. The Heliastic body, acting in their capacity of judges or jurors (as to their legislative see nomothetes), were sworn nepl fAev u*v vh^oi elcri, Kara rovs vouovs i^rj^te'icrda^ irepl 5e coi/ fj.7] elffl, yv&flri rfj SiKaiordry. (Meier and Schom. Att. Proc. p. 128.) In all causes, whether civil or criminal, the parties procured copies or extracts of such laws as were material to the questions to be tried, and brought them before the ^ye^v Sucacr-T-rjpiov at the avdicpuris, by whom they were con­sined to the e'iVos, and produced at the trial, to

be read to the Sj/caarcu by the ypa^areus. If

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