DOI Page / Citation link:
https://doi.org/10.11588/diglit.13851#0148
126
OF THE CIVIL GOVERNMENT OF ATHENS,
which he thought might conduce to the good of the commonwealth, he
first communicated it to the prytanes, who received all sorts of informa-
tion of things that concerned the public : the prytanes then called a meet-
ing of the senate, in which the new project being proposed, after mature
deliberation, was rejected, if it appeared hurtful or unserviceable ; if not,
it was agreed to, and then called Ti^iiisxsvpa. This the prytanes wrote
upon a tablet, and thence it was called ngoygum**.
No law was to be proposed to the assembly except it had been written
upon a white tablet, and fixed up, some days before the assembly, at the
statues of the heroes called Etf^vfjaoi, that so all the citizens might read
what was to be proposed at their next meeting, and be able to give a more
deliberate judgment upon it. When the multitude was come together,
the decree was read, and every man had liberty to speak his mind about
the whole, or any clause of it ; and if, after due consultation, the assem-
bly thought it convenient, it was rejected ; if they approved of it, it pass-
ed into a i'f^io'/xpt or N6ju.es, which, as we learn from Demosthenes, were
the 6ame as to their obligation, but differed in this, that Noju.es was a ge-
neral and everlasting rule, whereas -i^icrfx* respected particular times,
places, and other circumstances (1).
No man, without a great deal of caution, and a thorough understanding
of the former laws and constitutions, durst presume to propose a new one,
the danger being very great, if it suited not with the customs and incli-
nations of the people ; Eudemus a Cydiathenian, is said to have lost his
life on that account, being made a sacrifice to the rage of the multitude.
Not much unlike this severity was the ordinance of Zaleucus the Locrian
Lawgiver, by which it was appointed, that whosoever proposed the
enacting of a new law, or the abrogation of an old one, should come into
the assembly with an halter about his neck, and in that habit give his rea-
sons for what he proposed, and, if these were thought good and sufficient,
his proposal was embraced ; if not, he straightway poured out his soul
under the hangman's hands. But the Athenians were not quite so rigid,
except upon some extraordinary occasions when the giddy multitude was
hurried on with unusual rage and vehemence, as happened in Eudemus's
case; yet if any man established a law that was prejudicial to the com-
monwealth, he might be called in question for it any time within the space
of one year ; but if he was let alone any longer, the laws took no notice of
him. In these cases especially, a writ for transgressing the laws, called
cra^avofjw'as y£*£>jj, might take hold of him ; first, if he had not taken care
to publish his proposal in due time ; secondly, if he proposed it in am-
biguous and fallacious terms ; thirdly, if he proposed any thing contrary
to any of the former and received laws; and therefore, if any of the
old laws were found to oppose what they designed to offer, they always
took care to have them repealed beforehand (2). They who had prefer-
red any law, which was 5raf<x»o/u.os, or unmryfciac;, contrary to the former
laws, or the interest of the commonwealth, were first arraigned before
the fhesmotheta?, according to Julius Pollux : or, as others think, they
were sometimes arraigned before the thesmothetae, sometimes before
other archons, according to the different nature of their crimes, every
archon having the cognizance of different affairs. The accusation being
heard, the archon did sitfclysiv tigro Sixasvgiw, introduce the cause into that
(1) Demosth. ejusque enarrator Ulpian in (2) Demosth. ejusqueenarratorUlpian.inLep-
L?ptin. et alibi, tin. et alibi.
OF THE CIVIL GOVERNMENT OF ATHENS,
which he thought might conduce to the good of the commonwealth, he
first communicated it to the prytanes, who received all sorts of informa-
tion of things that concerned the public : the prytanes then called a meet-
ing of the senate, in which the new project being proposed, after mature
deliberation, was rejected, if it appeared hurtful or unserviceable ; if not,
it was agreed to, and then called Ti^iiisxsvpa. This the prytanes wrote
upon a tablet, and thence it was called ngoygum**.
No law was to be proposed to the assembly except it had been written
upon a white tablet, and fixed up, some days before the assembly, at the
statues of the heroes called Etf^vfjaoi, that so all the citizens might read
what was to be proposed at their next meeting, and be able to give a more
deliberate judgment upon it. When the multitude was come together,
the decree was read, and every man had liberty to speak his mind about
the whole, or any clause of it ; and if, after due consultation, the assem-
bly thought it convenient, it was rejected ; if they approved of it, it pass-
ed into a i'f^io'/xpt or N6ju.es, which, as we learn from Demosthenes, were
the 6ame as to their obligation, but differed in this, that Noju.es was a ge-
neral and everlasting rule, whereas -i^icrfx* respected particular times,
places, and other circumstances (1).
No man, without a great deal of caution, and a thorough understanding
of the former laws and constitutions, durst presume to propose a new one,
the danger being very great, if it suited not with the customs and incli-
nations of the people ; Eudemus a Cydiathenian, is said to have lost his
life on that account, being made a sacrifice to the rage of the multitude.
Not much unlike this severity was the ordinance of Zaleucus the Locrian
Lawgiver, by which it was appointed, that whosoever proposed the
enacting of a new law, or the abrogation of an old one, should come into
the assembly with an halter about his neck, and in that habit give his rea-
sons for what he proposed, and, if these were thought good and sufficient,
his proposal was embraced ; if not, he straightway poured out his soul
under the hangman's hands. But the Athenians were not quite so rigid,
except upon some extraordinary occasions when the giddy multitude was
hurried on with unusual rage and vehemence, as happened in Eudemus's
case; yet if any man established a law that was prejudicial to the com-
monwealth, he might be called in question for it any time within the space
of one year ; but if he was let alone any longer, the laws took no notice of
him. In these cases especially, a writ for transgressing the laws, called
cra^avofjw'as y£*£>jj, might take hold of him ; first, if he had not taken care
to publish his proposal in due time ; secondly, if he proposed it in am-
biguous and fallacious terms ; thirdly, if he proposed any thing contrary
to any of the former and received laws; and therefore, if any of the
old laws were found to oppose what they designed to offer, they always
took care to have them repealed beforehand (2). They who had prefer-
red any law, which was 5raf<x»o/u.os, or unmryfciac;, contrary to the former
laws, or the interest of the commonwealth, were first arraigned before
the fhesmotheta?, according to Julius Pollux : or, as others think, they
were sometimes arraigned before the thesmothetae, sometimes before
other archons, according to the different nature of their crimes, every
archon having the cognizance of different affairs. The accusation being
heard, the archon did sitfclysiv tigro Sixasvgiw, introduce the cause into that
(1) Demosth. ejusque enarrator Ulpian in (2) Demosth. ejusqueenarratorUlpian.inLep-
L?ptin. et alibi, tin. et alibi.