The court of Areopagus was one of the oldest and most honored, not only in Athens, but in the whole of Greece, and indeed in the ancient world. Through a long succession of centuries it preserved its existence amid changes corresponding with those which the state underwent, till at least the age of the Ctesars (Tacitus, Ann. ii, 55). The ancients are full of eulo- gies on its value, equity, and beneficial influence; in consequence of which qualities it was held in so much respect that even foreign states sought its verdict in difficult cases. Hut after Greece had submitted to the yoke of Rome, it retained probably little of its ancient character beyond a certain dignity, which was itself cold and barren; and however successful it may in earlier times have been in conciliating for its determi- nations the approval of public opinion, the historian Tacitus tut supra) mentions ;i case in which it was
charged with an erroj us, if not a corrupt, decision.
The origin of the court ascends back into the darkest mythical period. From the brst. its constitution was essentially aristocratic ; a character which to some ex- tent it retained even after the democratic reforms which Solon introduced into the Athenian Constitu- tion. By bis appointment the nine archons became for the remainder of their lives Areopagites, provided
they had well discharged the duties of their archon- ship, were blameless in their personal conduct, and had undergone a satisfactory examination. Its pow- er and jurisdiction were still farther abridged by Per- icles through his instrument Ephialtes. Following the political tendencies of the state, the Areopagus be- came in process of time less and less aristocratical. and parted piecemeal with most of its important func- tions. First its political power was taken away, then its jurisdiction in cases of murder, and even its moral influence gradually departed. During the sway of the Thirty Tyrants its power, or rather its political existence, Avas destroyed. On their overthrow it re- covered some consideration, and the oversight of the execution of the laws was restored to it by an express decree. Isocrates endeavored by his 'ApioTraytriKoQ Xoyog to revive its ancient influence. The precise time when it ceased to exist cannot be determined ; but evidence is not wanting to show that in later pe- riods its members ceased to be uniformly character- ized by blameless morals.
It is not easy to give a correct summary of its sev- eral functions, as the classic writers are not agreed in their statements, and the jurisdiction of the court va- ried, as has been seen, with timer, and circumstances. They have, however, been divided into six general classes (Real-Eneyelopadie von Pauly, s. v.).
(1.) Its judicial function embraced trials for murder and manslaughter (jpbi'ov ?Ikcii, ra (poviKo'), and was the oldest and most peculiar sphere of its activity. The indictment was brought by the second or king- archon (apxw ftctaiXevc), whose duties Avere for the most part of a religious nature. Then followed the oath of both parties, accompanied by solemn appeals to the gods. After this the accuser and the accused had the option of making a speech (the notion of the proceedings of the Areopagus beins carried on in the darkness of the night rests on no sufficient foundation), which, however, they were obliged to keep free from all extraneous matter (t£w tov TTpayparot;), as well as from mere rhetorical ornaments. After the First speech, the accused was permitted to go into voluntary ban- ishment if he had no reason to expect a favorable is- sue. Theft, poisoning, wounding, incendiarism, and treason belonged also to this department of jurisdic- tion in the court of the Areopagus.
(2.) Its political function consisted in the constant watch which it kept over the legal condition of the state, acting as overseer and guardian of the laws (lirinKo-KOf- kui <pv\aZ tu>v vofMov).
(3.) Its police function also made it a protector and upholder of the institutions and laws. In this charac- ter the Areopagus had jurisdiction over novelties in religion, in worship, in customs, in every thing that departed from the traditionary and established usages and modes of thought (irarpioic vo/ufiow) which a re- gard to their ancestors endeared to the nation. This was an ancient and well-supported sphere of activity. The members of the court had a right to take oversight of festive meetings in private houses. In ancient times they fixed the number of the guests, and deter- mined the style of the entertainment. If a person had no obvious means of subsisting, or was known to live in idleness, he Mas liable to an action before the Areopagus ; if condemned three times, he w as punish- ed with driut'a, the loss of his civil rights. In later times the court possessed the right of giving permis- sion to teachers (philosophers and rhetoricians) to es- tablish themselves and pursue their profession in the city.
(4.) Its strictly religious jurisdiction extended itself over the public creed, worship, and sacrifices, embra- cing generally every thing which could come under the denomination of ra itpa — sacred things. It was its special duty to see that the religion of the state was kept pure from all foreign elements. The accusation of impiety (ypapr) aaefittde) — the vagueness of which
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admitted almost any charge connected with religious innovations — belonged in a special manner to this tri- bunal, though the charge was in some cases heard be- fore the court of the Heliastaj. The freethinking poet Euripides stood in fear of, and was restrained by, the Areopagus (Euseb. Prep. Evang. vi, 14 ; Bayle, s. v. Eurip.~). Its proceeding in such cases was sometimes rather of an admonitory than punitive character.