.

those of barratry of the master, and of average as well particular as general; the which risk shall commence to run from the hour when the ship shall leave her first anchor, to set sail from this port, and shall cease in twenty-four hours after having come to an anchor; and for the ready payment of the aforesaid sum, he the captain binds himself and his effects, and by special mortgage the ship, cargo, and freights due, or that may become due; and in case of failure of payment in due time, he binds himself under this clause of mortgage to pay to him or to his order, for all the delay until full payment, at and after the rate of six per cent. per annum; and there being also present Andrea Belucci, mate of the said ship, by whom it was declared, that in case of the absence of the captain, he bound himself to fulfil the contents of this bond; after these presents being read to them, I, the notary, in the presence of the witnesses following, viz. Eugenio Coetho, vice-consul, Pedro Rocks, interpreter, &c. caused this instrument to be transferred from my book of notes, to which I refer myself, and I have subscribed and signed it in due form.

In testimony, &c.

A BOTTOMRY BILL.

To all men to whom these presents shall come I, A. B., of Bengal, part owner and master of the ship called the Exeter, of the burthen of five hundred tons, now riding at anchor in Table Bay at the Cape of Good Hope, send greeting:

Whereas, I, the said A. B., now navigating the said ship on a voyage from Bengal to the port of London, having put into Table Bay for the purpose of procuring provision and other supplies necessary for the continuation of the voyage aforesaid, am at this time necessitated to take on the adventure of the said ship the sum of 1,000%. sterling for setting the said ship to sea, and furnishing her with provisions and necessaries for the said voyage, which sum C. D. of the Cape of Good Hope, master attendant, hath at my request lent unto me at the rate of 1,2007. sterling for the said 1,000., being at the rate of 1207. for every 100%. advanced as aforesaid, during the voyage of the said ship from Table Bay to London. Now know ye, that I, A. B., by these presents, do, for me, my executors, and administrators, covenant with the said C. D., his executors, and administrators, that the said ship shall, with the first convoy which shall offer for England, sail and depart for the port of London, there to finish the voyage aforesaid. And I, the said A. B., in consideration of the sum of 1,000%. sterling to me in hand paid by the said C. D. at and before the sealing and delivery of these presents, do hereby bind myself, my executors, and administrators, my goods and chattels, and particularly the said ship, the tackle, and apparel of the same, and also the freight of the said ship which is or shall become due for the aforesaid voyage from Bengal to the port of London, to pay unto the said C. D., his executors, administrators, or assigns, the sum of 1,200%.

sterling, within thirty days next after the safe arrival of the said ship at the port of London from the said intended voyage.

And I, the said A. B., do, for me, my executors, and administrators, covenant with the said C. D., his executors and administrators, by these presents, that I, the said A. B., at the time of sealing and delivering of these presents, am a true and lawful part owner and master of the said ship, and have power and authority to charge and engage the said ship with her freight as aforesaid, and that the said ship with her freight shall at all times after the said voyage be liable for the payment of the said 1,2007., according to the true intent and meaning of these presents.

And lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the said ship shall be lost, miscarry, or be cast away before her arrival at the said port of London from the said intended voyage, then the payment of the said 1,2007. shall not be demanded, or be recoverable by the said C. D., his executors, administrators, or assigns, but shall cease and determine, and the loss thereby shall be wholly borne and sustained by the said C. D., his executors and administrators, and that then and from thenceforth every act, matter, and thing herein mentioned on the part and behalf of the said A. B. shall be void, anything herein contained to the contrary notwithstanding.

In witness whereof the parties have interchangeably set their hands and seals to four bonds of this tenor and date, one of which being paid, the others shall be null and void.

At the Cape of Good Hope, this

day of

A.D. 1800.

A RESPONDENTIA BOND ON A VOYAGE TO THE EAST INDIES.

Know all men by these presents, that we, James Fearon, commander of the ship Belvidere in the service of the honourable East India Company, and Peter Douglas, of &c., merchant, are held and firmly bound to Hans Busk, of &c., merchant, in the sum or penalty of 1,500l. of good and lawful money of Great Britain, to be paid to the said Hans Busk, or to his executors, administrators, or assigns, to which payment we bind ourselves, jointly and separately, our heirs, executors, and administrators, firmly by these presents. "Sealed with our seals, this day of 1801.

Whereas the above named Hans Busk has, on the day above written, lent unto the said James Fearon and Peter Douglas the sum of 7507. upon the goods and merchandizes laden and to be laden on board the good ship called the Belvidere, of the burthen of nine hundred tons or thereabouts, now riding_at_anchor in the river Thames, outward bound to China, whereof James Fearon is commander, by his acceptance of a bill of exchange to that amount at

four months' date for the account of them the said James Fearon and Peter Douglas. Now the condition of this obligation is such, that if the said ship shall with all convenient speed proceed and sail from and out of the river Thames on a voyage to any port or place, ports or places, in the East Indies, China, Persia, or elsewhere beyond the Cape of Good Hope, and from thence shall sail and return into the river Thames at or before the expiration of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intended voyage (the dangers and casualties of the seas excepted); and if the said James Fearon and Peter Douglas, or either of them, their or either of their heirs, executors, or administrators, shall within thirty days next after the said ship shall be arrived at her moorings in the river Thames from her said intended voyage, or at or upon the expiration of the said thirty-six calendar months, to be accounted as aforesaid (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said Hans Busk, his executors, administrators, or assigns, the full sum of 1,020. sterling, together with thirteen pounds, ten shillings per calendar month for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for all such time and so many calendar months as shall be elapsed and run out of the said thirty-six calendar months, to be accounted from the day of the date above written; or if in the said voyage, and within the said thirty-six calendar months to be accounted as aforesaid, an utter loss of the said ship by fire, enemies, men-of-war, or any other casualties shall unavoidably happen, and the said James Fearon and Peter Douglas, their heirs, executors, or administrators, shall within six calendar months next after such loss, well and truly account and pay unto the said Hans Busk, his executors, administrators, or assigns, a just and proportionable average on all the goods and merchandizes of the said James Fearon carried from England on board the said ship or vessel and the nett proceeds thereof, and on all other goods and effects which the said James Fearon shall acquire during the said voyage, for or by reason of such goods and merchandize, and which shall not be unavoidably lost, then the above written obligation to be void and of none effect, else to stand in full force and virtue.

In witness, &c.

POLICY OF INSURANCE BY UNDERWRITERS ON SHIP AND GOODS. In the name of God, Amen.

A. B. as well in his own name as for and in the name and names of all and every other person or persons to whom the same doth, or shall appertain, in part or in all, doth make assurance, and cause C. D., E. F., &c. and them and every of them to be insured, lost, or not lost, at and from, &c., upon any kind of goods and merchandizes,

and also upon the body, tackle, ordnance, munition, boat and other furniture, of and in the good ship called the British Queen, whereof is master, under God, for this present voyage, X. Y., beginning the adventure upon the said goods and merchandizes from the loading thereof aboard the said ship, and upon the said ship, &c., and to continue until the said ship shall be arrived at, &c.; upon the said ship, &c., until she hath moored at anchor twenty-four hours in safety; and upon the goods and merchandizes, until the same be there discharged and safely landed. And it shall be lawful for the said ship in this voyage to proceed and sail to and touch and stay at any ports and places whatsoever, &c., without prejudice to this insurance. The said ship, &c., goods and merchandizes, &c., for so much as concerns the assured by agreement between the assured and assurers in this policy, are and shall be valued at &c.

Touching the adventures and perils which we the assurers are contented to bear and take upon us in this voyage, they are of the seas, men-of-war, fire, enemies, pirates, thieves, jettisons, letters of mart and counter-mart, surprisals, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandizes, and ship, &c., or any part thereof. And in case of any loss or misfortune, it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandize and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof we the assurers will contribute each according to the rate and quantity of his sum herein assured. And it is agreed by us the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and administrators, to the assured, their executors, administrators and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured and after the rate of

In witness, &c.

at

N.B. Corn, fish, salt, fruit, flour, and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides, and skins, are warranted free from average under five pounds per cent. And all other goods, also the ship and freight, are warranted free from average under three pounds per cent., unless general, or the ship be stranded.

351

APPENDIX VI.

CHARACTER OF THE ATHENIAN TRIBUNALS.

IN Arnold's History of Rome we read as follows:

"What record of mere battles and sieges, wars and facts, could afford such fulness of knowledge, as to the real state of Greece, in all points which are most instructive, as we derive from the pamphlets (as they may be called) of Isocrates, from the dialogues of Plato, the moral and political treatises of Aristotle, and the various public and private orations of Isæus, Eschines, and Demosthenes ?"

This is especially true of the forensic speeches of the Attic orators. No record of antiquity gives us so clear an insight into the life and character of the Athenians. Here we have the citizen of Athens, not, as depicted by Thucydides, in the assembly or the camp; not caricatured, as by Aristophanes; but in his real and individual character, in all the relations of social life; in the corn market or on the exchange; in the factory or the banking house; attending to his farm in the country, or negotiating in the harbour with merchants and ship-owners; assisting at the registration of a birth, or surrounded by friends on his deathbed, and making his last will No part of history is so pleasing or instructive as that which brings us behind the curtain of society, exhibiting to us men as they are seen in domestic life, in their dealings and intercourse with their neighbours.

To understand and duly profit by these speeches, the reader must not come unfurnished with previous instruction. As to the public orations you should bring with you a certain amount of historical learning, so the private speeches require some general acquaintance with the system of Attic jurisprudence. You need no more than this general acquaintance, to begin with. As you proceed with the perusal of the orators themselves, you fill up the outline which you have got in your head with those details, which give life and reality to the picture. A knowledge of the laws is of no use without reading the speeches, and the speeches cannot be read without knowing the laws.

In connexion with this translation I have, in the humble hope of assisting the reader, presented him with a series of commentaries on Attic history and archæology, illustrating the various topics handled or touched on by Demosthenes. In doing this I have simply sought to be useful. I do not pretend to have made any discoveries, or to advance anything which is new; but only to give information upon dull and difficult subjects in an easier form than it is given elsewhere. I have therefore made free use of the labours of men far more learned than myself, both German and English, mingling my own observations