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LEGISLATOR

Volume 9 · 510 words · 1797 Edition

a lawgiver, or person who establishes the polity and laws of a state. Such was Moses, among the Jews; Lycurgus, among the Lacedemonians, &c. See MOSAIC LAW.

The first laws amongst the Athenians seem to have been those of Theseus; for what we can find earlier than this period is involved in fable. After Theseus came Draco the Archon, whose laws were said, for their severity, to have been written with blood: by his laws every offence was punished with death; so that stealing an apple, and betraying their country, were treated as equal crimes. These laws were afterwards repealed by Solon, except such as related to murder: By way of distinction, Draco's laws were called Θεσσαλονικης, and Solon's Νεολιθικης. The laws of Solon were in a great measure suspended during the usurpation of Pisistratus; but, after the expulsion of his family, were revived with some additions by Clitarchus. After this, the form of government was again changed, first by the four hundred, and afterwards by the thirty tyrants; but these storms being over, the ancient laws were again restored in the Archonship of Euclides, and others established at the instance of Diocles, Aristophon, and, last of all, of Demetrius the Phalerian. This is a short sketch of the history of the Athenian legislation, before that state submitted to the Roman yoke. But many laws were enacted by the suffrages of the people on particular exigencies; the decrees of the senate continued to have the force of laws no longer than a year. If a new law was to be proposed to the assembly, it was necessary to write it upon a white tablet, and fix it up some days before the meeting, lest their judgment should be caught by surprise. The laws were carefully revised every year; and if any of them, from a change of circumstances, were found unsuitable or pre- prejudicial, they were repealed: This was called ἀναγκαστικόν τοῦ νόμου, because the suffrages were given by holding up of hands. The first laws amongst the Grecians were unwritten and composed in verse, that the common people might with more ease commit them to memory. Solon penned his laws upon wooden tablets, called Ἀττικά; and some authors with great probability assert, that they were written in the manner called Βυρσοποδον, from left to right, and from right again to left, in the same manner as oxen walk the furrows in plowing thus,

ΕΚΔΙΟΣ ἀπὸ ΒΟΞΕΝΩΝ

It was against the law for any person to erase a decree, and certain persons called Γραμματεῖς, were appointed to prevent any corruption; whole business it was also to transcribe the old and enter the new ones.

At Rome the people were in a great measure their own legislators; though Solon may be said, in some sense, to have been their legislator, as the decemviri, who were created for the making of laws, borrowed a great number from those of Solon. See Lex.

With us the legislative power is lodged in the king, lords, and commons assembled in parliament. See Law and Parliament.