Roman law an actio suspecti might be brought by a third person against the guardian during the pupillage, and an actio tutelæ by the ward afterwards. So at Athens, if the guardian, at the expiration of his authority, refused to render an account to his ward, or if he rendered a false account, or had wasted or wilfully mismanaged the estate, the ward might bring an action to recover compensation; and (besides) any person might, during the minority, institute a public prosecution against a guardian, who neglected or injured his ward. When we read in Demosthenes, that the frauds of Aphobus and his colleagues were very early suspected, and became a general topic of conversation, and that the archon was applied to on the subject; we must suppose it was intended to get up a criminal prosecution against them, onę consequence of which, if successful, would have been their removal.

The archon was the legal protector of all orphans. It was his duty to appoint guardians, if none were named in the father's will. They were to be chosen (according to custom) from among the nearest relatives. We cannot depend on the statement of Diogenes Laertius, that by a law of Solon the infant's next heir could not be his guardian. It reminds us, however, of a similar law of our Saxon ancestors, by which guardianship devolved upon those next of kin to whom the inheritance could not possibly descend; a precaution

not adopted by the Romans, who exposed their guardian to the temptation of wishing

"Pupillum utinam, quem proximus heres

Impello, expungam."

The tutelage at Athens expired when the ward had completed his 17th year. In England the guardian appointed by testament, or by the Lord Chancellor, holds his office till the ward is 21; the common law guardian (who seldom exists in practice) till 14 only. Neither in England, nor in Athens, is there such a distinction as prevails in the Scotch, following the Roman law, between the tutor, who is guardian till 14, (during pupillarity,) and the curator, who is guardian till 21, (during minority.)

Observe, the word estate is used here in its more enlarged sense, to denote the whole of a man's property. Sometimes it signifies the quantity of a man's interest in any subject of property, as an estate for life. In popular language it often means land; as an estate in Wales.

NOTE 7.

CLUBS.

It is pleasing to find the existence at Athens of societies, which had (among other objects) that of assisting and relieving their poorer members. They did not create any permanent fund, or regulate their charities upon any fixed plan, but gave relief as occasion required. When any man was reduced to distress by illness or other misfortune, he applied to his club for assistance, and every member was expected to contribute something. The money thus advanced was (strictly speaking) neither a gift nor a loan, but something between the two; that is, it was to be repayed when the receiver was in better circumstances. There was no legal method of recovering such advances; but it was deemed highly dishonourable for any man, who had accepted the bounty of his friends, not to repay them, or not to be equally generous, when he was called upon and had the means. Leocrates, who deserted his country, and went to live at Megara, after the battle of Cha

ronea, (for which he was afterwards prosecuted as a traitor by Lycurgus,) felt it incumbent on him to pay off his club debts in Athens; and gave his brother in law a special commission for that purpose. Moriades in the text is described as a profligate person, who would neither pay his just legal debts, nor his debts of honour.

The clubs had good cheer and good fellowship in view, as well as charity. They used to dine together about once a month, appointed a president, and made bye laws and rules for their guidance. Among the duties of the president was that of collecting subscriptions from the members to defray the common expenses, and sometimes advancing them out of his own pocket, for which he was entitled to be reimbursed. Disputes between the club and individual members were referred to a court of speedy justice, which decided according to the rules of the club'.

The formation of societies was common in the Greek republics. There were commercial, religious, and political societies. Many, that had a different object at first, were diverted to political ends. Thus at Athens Phrynichus engaged the clubs to assist him in his project of overthrowing the democracy. Lysander, to forward his own ambitious views, established clubs in Asia Minor. Thucy

1 These are ερανικαι δικαι. The subject is involved in much obscurity; and I confess that, after reading all that has been said by Salmasius, Heraldus, and others, I have not fully made up my mind. I am inclined to take the view of Wachsmuth.

dides, in commenting upon the violence of the Greek factions, expressly declares, that men felt a stronger attachment to their political associates than to their country. If the bond of union was so close as he describes, we can easily imagine how dangerous such coalitions might prove to the state. The caballing in courts of justice, to which so much allusion is made by the orators, may be traced to the same source.

In the days of the Roman empire we read of institutions formed for benevolent purposes, although the government kept a watchful eye upon them, for fear of their leading to political combination, and did not allow the members to meet more than once a month. Trajan, in answer to a letter of Pliny, consulting him about such an institution in a city of Cappadocia, says: "Amisenos, quorum libellum epistolæ tuæ subjunxeras, si legibus istorum, quibus de officio fœderis utuntur, concessum est eranos habere, possumus quo minus habeant non impedire; eo facilius, si tali collatione non ad turbas et illicitos cætus, sed ad sustinendam tenuiorum inopiam utuntur. In ceteris civitatibus, quæ nostro jure obstrictæ sunt, res hujusmodi prohibenda est.” When the Christian communities were accused of factious intentions, because they met together and subscribed to a common chest, Tertullian answered, that the subscriptions were of small amount, and not for feasting, but for charity; "deposita pietatis,