42
of the civil government of athens,
punished for his former arrogance; and therefore, being of opinion,
that he had been shrewdly handled by the divine vengeance, of
which he had run so severe a gantelope, and that bis request
was such as became a man to ask, and men to grant. Thus Plu-
tarch (1). But this law was again repealed by Aristophon the ora-
tor, and after the expulsion of the thirty tyrants, Euclides being ar-
chon ; at which time the ancient law was revived, that all whose mothers
were not citizens should be nothi, illegitimate ( ) For legitimate child-
ren are those who are born of lawful wives, who must be free citizens,
others being only reputed concubines. And thus grammarians common-
ly explain noth->s. HoS-og o ex jj ira'hbaxiPos. JVothus, a bastard, is
one born of a stranger or an harlot. But yvytfids, a legitimate son, is in-
terpreted by the same persons, « ex yuvaixoj «s-«5 *&* ya^ervis, 4 *x v«p.l(x»v
yetfisiv One born of a citizen and a wife, or one born in lawful matrimo-
ny (3).
And those that were only of the half blood, when they were invested
with freedom, were always reputed inferior, and less honourable than
those that were of the whole ; and several marks and customs they had
to distinguish them from the others, as particularly, that those who had
but one parent an Athenian, were not allowed to exercise themselves in any
of the gymnasia that were frequented by those who had both, but only at the
Cynosarges, a place without the city : and that this was esteemed a mark
of disgrace is evident from the practice of Themistocles, who was but of
the half blood of Athens : and to take away, or at least, lessen this dis-
tinction, used to engage the noble Athenians to go and perform their ex-
ercises with him (4). In the same place there was a court of judicature,
where persons suspected of having fraudulently insinuated themselves
into the number and privileges of citizens were arraigned. This was re-
puted a very great offence ; insomuch that whosoever had ^ixu t«s gsvi'aj,
(so this action was termed) preferred against him, was immediately made
a close prisoner, and put in chains, before he could be brought before the
judges (5). Neither was it a sufficient vindication to have been once ac-
quitted by his proper judges. But it was customary to bring the cause
to a second hearing before the thesmothetae, if there was any just cause
to suspect that he had been too favourably treated.
And in order to clear the city of pretended and false members, it was
decreed, in the second year of the 90th olympiad, Archias being then
archon, that a strict inquisition should be made into causes of this nature
by men of the same borough with the criminal. This inquisiiion was
termed AuvfyiQifas, and performed in the following method (6). When
any person was accused, the A^a^eg, or prefect of the borough (A^os),
to whose custody was committed the Arigtagxfxov y^an(iars7dv, or public re-
gister of the citizens, convened together the members of his borough
(^(xorai). Then the names of all the citizens of that borough being re-
cited out of the register, the criminal was obliged to signify the particular
<P%ar{>tu or ward, whereof he pretended himself a member, and to prove
his right of succession by sufficient witnesses ; or, in case he claimed his
freedom from the gift of the people, and not by inheritance, the public
(1) In Pericle. (4) Plutarch, in Tbemistocle.
(2) Carystius, 'Irof mQv uirofivtiudTUv. lib. iii. . (5) Demosth. et Ulpianus in Timocrat.
(3) Homeri Scholiastes in Iliad, v. Julius (6) Harpocralion. Olympiad, descriptor ano
Pollux, lib, iii. * nymus.
of the civil government of athens,
punished for his former arrogance; and therefore, being of opinion,
that he had been shrewdly handled by the divine vengeance, of
which he had run so severe a gantelope, and that bis request
was such as became a man to ask, and men to grant. Thus Plu-
tarch (1). But this law was again repealed by Aristophon the ora-
tor, and after the expulsion of the thirty tyrants, Euclides being ar-
chon ; at which time the ancient law was revived, that all whose mothers
were not citizens should be nothi, illegitimate ( ) For legitimate child-
ren are those who are born of lawful wives, who must be free citizens,
others being only reputed concubines. And thus grammarians common-
ly explain noth->s. HoS-og o ex jj ira'hbaxiPos. JVothus, a bastard, is
one born of a stranger or an harlot. But yvytfids, a legitimate son, is in-
terpreted by the same persons, « ex yuvaixoj «s-«5 *&* ya^ervis, 4 *x v«p.l(x»v
yetfisiv One born of a citizen and a wife, or one born in lawful matrimo-
ny (3).
And those that were only of the half blood, when they were invested
with freedom, were always reputed inferior, and less honourable than
those that were of the whole ; and several marks and customs they had
to distinguish them from the others, as particularly, that those who had
but one parent an Athenian, were not allowed to exercise themselves in any
of the gymnasia that were frequented by those who had both, but only at the
Cynosarges, a place without the city : and that this was esteemed a mark
of disgrace is evident from the practice of Themistocles, who was but of
the half blood of Athens : and to take away, or at least, lessen this dis-
tinction, used to engage the noble Athenians to go and perform their ex-
ercises with him (4). In the same place there was a court of judicature,
where persons suspected of having fraudulently insinuated themselves
into the number and privileges of citizens were arraigned. This was re-
puted a very great offence ; insomuch that whosoever had ^ixu t«s gsvi'aj,
(so this action was termed) preferred against him, was immediately made
a close prisoner, and put in chains, before he could be brought before the
judges (5). Neither was it a sufficient vindication to have been once ac-
quitted by his proper judges. But it was customary to bring the cause
to a second hearing before the thesmothetae, if there was any just cause
to suspect that he had been too favourably treated.
And in order to clear the city of pretended and false members, it was
decreed, in the second year of the 90th olympiad, Archias being then
archon, that a strict inquisition should be made into causes of this nature
by men of the same borough with the criminal. This inquisiiion was
termed AuvfyiQifas, and performed in the following method (6). When
any person was accused, the A^a^eg, or prefect of the borough (A^os),
to whose custody was committed the Arigtagxfxov y^an(iars7dv, or public re-
gister of the citizens, convened together the members of his borough
(^(xorai). Then the names of all the citizens of that borough being re-
cited out of the register, the criminal was obliged to signify the particular
<P%ar{>tu or ward, whereof he pretended himself a member, and to prove
his right of succession by sufficient witnesses ; or, in case he claimed his
freedom from the gift of the people, and not by inheritance, the public
(1) In Pericle. (4) Plutarch, in Tbemistocle.
(2) Carystius, 'Irof mQv uirofivtiudTUv. lib. iii. . (5) Demosth. et Ulpianus in Timocrat.
(3) Homeri Scholiastes in Iliad, v. Julius (6) Harpocralion. Olympiad, descriptor ano
Pollux, lib, iii. * nymus.