DOI Page / Citation link:
https://doi.org/10.11588/diglit.13851#0125
Oi- THE CIVIL GOVERNMENT 01 ATHENS.
1Q3
magistrate, he inquired of the plaintiff, whether all his evidence was
ready, or whether he needed any other witness to be summoned ? This
was the second avctxpufig, to which the plaintiff was obliged to offer him-
self under the penalty of («r/jx/a) infamy. If any of his witnesses were
not ready, or any other necessaries were wanting, he desired farther
time to make his prosecution, swearing that this delay was not on his part
voluntary ; to do which was termed ob-o/avug^cu, and the thing itself urjp,o-
o-/a(l). The same excuse was likewise admitted in behalf of the de-
fendant, who had also another plea, termed vaPuygapv, or tfuga^agrvgitz,
when he alleged, by sufficient witnesses, that the action brought against
him was not <?<V/] c'i((afa)fiu,os, a cause which could then lawfully be tried;
which happened on several accounts : when the injury had been com-
mitted five years before the accusation ; for that time being expired, the
laws permitted no action to be preferred. When the controversy had
been formerly composed before credible witnesses ; for any voluntary
agreement before witnesses was valid, provided it was not about things
unlawful. When the defendant had been formerly either punished for,
or legally tried and acquitted of the fact. Lastly, it was a just exception,
that the cause was not one of those whereof that magistrate was empower-
ed to take cognizance. To this tfa£eeyfci/t>i} the plaintiff was obliged to
give his answer, proved by sufficient evidence ; and both the exception
and the answer together, as sworn by the witnesses, were termed cnop.ag-
rvgta (2) . But if the defendant, without alleging any plea or excuse, was
wdling to proceed to a speedy trial, he was said sidvfixttv, and the trial
was termed evQvdnda. Then an oath was required of both parties. The
plaintiff swore that he would aXjjda? 3c«T7jyojf7v, prefer no accusation that
was untrue ; and, if the crime was of a public nature, he farther swore,
that he would not be prevailed with, either by bribes or promises, or
any other temptation, to desist from the prosecution. The defendant
swore, d\t&y dtokoyvdsti, that his answer should he just and. true; or, fkn
cloix-tw, that he had not injured the plaintiff. The plaintiff's oath was term-
ed irgouftodia, the defendant's «vra,w.ocr<a, and, as some think, ttwey^oup^ •
and both together ai^otf'*. These oaths, together with those of the wit-
nesses, and all other matters relating to the action, being wrote upon ta-
blets, were put into a vessel, termed s%7so£, and delivered afterwards to
the judges(3).
This being done, the magistrate proceeded to the election of judge,
which was performed by lots ; and they, upon the xvg'a &fts£&, or appoint-
ed day, came to the tribunal, and took their places, the public crier hav-
ing before commanded all those that had no business, to depart, in those,
words, Mercers \m. Then, to keep the crowds from thronging in upon
them, the court was surrounded with a rope, by the command of a ma-
gistrate, and Serjeants appointed to keep the doors, which they called
KtyxKiSsg, being the same with those which the Romans called Cancella-
tae (4). Now, lest any of the judges should be wanting, proclamation
was made in this manner : Ei' <r<g S-vgaufw HX<#?jjV, eitfira, If any judge
be. without doors, let him enter; for, if any man came after the cause be-
gan to be discussed, he could not have admission, as not being capable of
(1) Demosth. in Olympiad. Isecus de Philocte- (3) Pollux, Arisfoph. Schol. in Vespas. Har-
mone, et Ulpian. inMidiana. pocration, Suidas.
(2) Pollux, lib. viii. cap. 6. Harpocration, v. (4) Pollux, lib. viii, cap. 10,
1Q3
magistrate, he inquired of the plaintiff, whether all his evidence was
ready, or whether he needed any other witness to be summoned ? This
was the second avctxpufig, to which the plaintiff was obliged to offer him-
self under the penalty of («r/jx/a) infamy. If any of his witnesses were
not ready, or any other necessaries were wanting, he desired farther
time to make his prosecution, swearing that this delay was not on his part
voluntary ; to do which was termed ob-o/avug^cu, and the thing itself urjp,o-
o-/a(l). The same excuse was likewise admitted in behalf of the de-
fendant, who had also another plea, termed vaPuygapv, or tfuga^agrvgitz,
when he alleged, by sufficient witnesses, that the action brought against
him was not <?<V/] c'i((afa)fiu,os, a cause which could then lawfully be tried;
which happened on several accounts : when the injury had been com-
mitted five years before the accusation ; for that time being expired, the
laws permitted no action to be preferred. When the controversy had
been formerly composed before credible witnesses ; for any voluntary
agreement before witnesses was valid, provided it was not about things
unlawful. When the defendant had been formerly either punished for,
or legally tried and acquitted of the fact. Lastly, it was a just exception,
that the cause was not one of those whereof that magistrate was empower-
ed to take cognizance. To this tfa£eeyfci/t>i} the plaintiff was obliged to
give his answer, proved by sufficient evidence ; and both the exception
and the answer together, as sworn by the witnesses, were termed cnop.ag-
rvgta (2) . But if the defendant, without alleging any plea or excuse, was
wdling to proceed to a speedy trial, he was said sidvfixttv, and the trial
was termed evQvdnda. Then an oath was required of both parties. The
plaintiff swore that he would aXjjda? 3c«T7jyojf7v, prefer no accusation that
was untrue ; and, if the crime was of a public nature, he farther swore,
that he would not be prevailed with, either by bribes or promises, or
any other temptation, to desist from the prosecution. The defendant
swore, d\t&y dtokoyvdsti, that his answer should he just and. true; or, fkn
cloix-tw, that he had not injured the plaintiff. The plaintiff's oath was term-
ed irgouftodia, the defendant's «vra,w.ocr<a, and, as some think, ttwey^oup^ •
and both together ai^otf'*. These oaths, together with those of the wit-
nesses, and all other matters relating to the action, being wrote upon ta-
blets, were put into a vessel, termed s%7so£, and delivered afterwards to
the judges(3).
This being done, the magistrate proceeded to the election of judge,
which was performed by lots ; and they, upon the xvg'a &fts£&, or appoint-
ed day, came to the tribunal, and took their places, the public crier hav-
ing before commanded all those that had no business, to depart, in those,
words, Mercers \m. Then, to keep the crowds from thronging in upon
them, the court was surrounded with a rope, by the command of a ma-
gistrate, and Serjeants appointed to keep the doors, which they called
KtyxKiSsg, being the same with those which the Romans called Cancella-
tae (4). Now, lest any of the judges should be wanting, proclamation
was made in this manner : Ei' <r<g S-vgaufw HX<#?jjV, eitfira, If any judge
be. without doors, let him enter; for, if any man came after the cause be-
gan to be discussed, he could not have admission, as not being capable of
(1) Demosth. in Olympiad. Isecus de Philocte- (3) Pollux, Arisfoph. Schol. in Vespas. Har-
mone, et Ulpian. inMidiana. pocration, Suidas.
(2) Pollux, lib. viii. cap. 6. Harpocration, v. (4) Pollux, lib. viii, cap. 10,