DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.13851#0135
*
OF THE CIVIL GOVERNMENT OF ATHENS. 113
senate of five hundred, or the popular assembly, before whom it was in-
troduced by the thesmothetae at the first convention in the Frytanea, where
the delinquent was severely punished, but the plaintiff underwent no dan-
ger, although he could not prove his indictment, except he failed of hav-
ing the fifth part of the suffrages, and then he was fined a thousand
drachms. The second sort of EitfseyfeXi'a, was an action of Kou<yfl'is> of
which 1 shall speak in another place ; it was brought before the archon,
to whom the plaintiff gave in his accusation, but was not liable to have any
fine laid upon him, though sentence was given against him. The third
was an action against the Atairs-Tsi, preferred by persons that thought
themselves unjustly dealt with by them, who ran the hazard of being dis-
franchised, and forfeiting their freedom, if they were not able to make
good their accusation. Indeed, in all the forementioned accusations, the
EitfayfiXi'ai only excepted, this penalty, together with a fine of a thousand
drachms, was inflicted upon the plaintiff, if he had not the fifth part of the
suffrages.
CHAP. XXIV.
OF THE PRIVATE JUDGMENTS, ACTIONS, &C.
AAIKIOT Jwsj, an action, xcl-tu ruiv oTrod^v ct'SixiivTui, against suck as had
done any sort of injury (1). A fine was laid on the delinquent, which was
to be doubled, if not paid within the ninth Prytanea(2).
KoLryyog'ias Ji'xjj, was an action of slander, by which the criminal was
fined five hundred drachms.
Aixi'as Jlx/j, was an action of battery, in which case there was no set
penalty inflicted by the laws, but the judges took an account of the dama-
ges suffered by the plaintiff, and compelled the delinquent to make suffi-
cient retribution.
Biai'av, or Bias S'mri, was an action against such as had ravished women,
or had used violence towards any man's person.
BXa§iis 8'mv), was an action of trespass, being against those that had en-
dangered another man's estate, lands, houses, clothes, &c.
Kaxcitsus 8\xn, ygaQyj or s'ufxyfsXia, was an action entered by heiresses
against their husbands, by parents against their children, and orphans
against their guardians, when they were ill used or injured by them.
AiroTafAT^j (Mxjj, was an action of divorce, when the husband had put
away his wife. On the contrary, when the woman fled from her husband,
the action was called Airakttysus
KMirtjs S'ixh], was against thieves. Demosthenes (3) reports, that if any
man had stolen above fifty drachms in the day-time, he was to be indicted
at the tribunal of the eleven. But if any theft was committed in the night,
it was lawful to kill the criminal, if he was caught in the fact, or to pur-
sue him, and if he made any resistance, to wound him, and so haul him to
the eleven ; and this action was termed itayuyn. He was not permitted
to give security for restitution, but suffered death, If any person surrep.
P) Etymologic! Auc'.or
(2) Harpocratioo
15
(3> Tirjocratsa.
OF THE CIVIL GOVERNMENT OF ATHENS. 113
senate of five hundred, or the popular assembly, before whom it was in-
troduced by the thesmothetae at the first convention in the Frytanea, where
the delinquent was severely punished, but the plaintiff underwent no dan-
ger, although he could not prove his indictment, except he failed of hav-
ing the fifth part of the suffrages, and then he was fined a thousand
drachms. The second sort of EitfseyfeXi'a, was an action of Kou<yfl'is> of
which 1 shall speak in another place ; it was brought before the archon,
to whom the plaintiff gave in his accusation, but was not liable to have any
fine laid upon him, though sentence was given against him. The third
was an action against the Atairs-Tsi, preferred by persons that thought
themselves unjustly dealt with by them, who ran the hazard of being dis-
franchised, and forfeiting their freedom, if they were not able to make
good their accusation. Indeed, in all the forementioned accusations, the
EitfayfiXi'ai only excepted, this penalty, together with a fine of a thousand
drachms, was inflicted upon the plaintiff, if he had not the fifth part of the
suffrages.
CHAP. XXIV.
OF THE PRIVATE JUDGMENTS, ACTIONS, &C.
AAIKIOT Jwsj, an action, xcl-tu ruiv oTrod^v ct'SixiivTui, against suck as had
done any sort of injury (1). A fine was laid on the delinquent, which was
to be doubled, if not paid within the ninth Prytanea(2).
KoLryyog'ias Ji'xjj, was an action of slander, by which the criminal was
fined five hundred drachms.
Aixi'as Jlx/j, was an action of battery, in which case there was no set
penalty inflicted by the laws, but the judges took an account of the dama-
ges suffered by the plaintiff, and compelled the delinquent to make suffi-
cient retribution.
Biai'av, or Bias S'mri, was an action against such as had ravished women,
or had used violence towards any man's person.
BXa§iis 8'mv), was an action of trespass, being against those that had en-
dangered another man's estate, lands, houses, clothes, &c.
Kaxcitsus 8\xn, ygaQyj or s'ufxyfsXia, was an action entered by heiresses
against their husbands, by parents against their children, and orphans
against their guardians, when they were ill used or injured by them.
AiroTafAT^j (Mxjj, was an action of divorce, when the husband had put
away his wife. On the contrary, when the woman fled from her husband,
the action was called Airakttysus
KMirtjs S'ixh], was against thieves. Demosthenes (3) reports, that if any
man had stolen above fifty drachms in the day-time, he was to be indicted
at the tribunal of the eleven. But if any theft was committed in the night,
it was lawful to kill the criminal, if he was caught in the fact, or to pur-
sue him, and if he made any resistance, to wound him, and so haul him to
the eleven ; and this action was termed itayuyn. He was not permitted
to give security for restitution, but suffered death, If any person surrep.
P) Etymologic! Auc'.or
(2) Harpocratioo
15
(3> Tirjocratsa.