Smith, William: A smaller dictionary of Greek and Roman antiquities (London, 1871)

DICE.

132

DICTATOR.

or other place that served as the cause list of
his court. The magistrate then appointed a
day for the further proceedings of the ana-
crisis [Anacrisis]. If the plaintiff failed to
appear at the anacrisis, the suit, of course,
fell to the ground ; if the defendant made
default, judgment passed against him. An
affidavit might at this, as 'well as at other
periods of the action, be made in behalf of a
person unable to attend upon the given day,
and this would, if allowed, have the effect of
postponing further proceedings (uirwp-ocria);
it might, however, be combated by a counter-
affidavit, to the effect that the alleged reason
was unfounded or otherwise insufficient (av6v-
TTuiixoa-ia') ■ and a question would arise upon
this point, the decision of which, when ad-
verse to the defendant, would render him
liable to the penalty of contumacy. The
plaintiff was in this case said epr\p.y]v eAeu<;
the defendant, iprifxrji/ 6$AetV, &lk-ijv being the
word omitted in both phrases. The anacrisis
began with the affidavit of the plaintiff (n-pow-
/xocri'a), then followed the answer of the de-
fendant (ai'Tio/iOcria or ai/TLypoupri), then the

parties produced their respective witnesses,
and reduced their evidence to writing, and
put in originals, or authenticated copies, of
all the records, deeds, and contracts that
might be useful in establishing their case, as
well as memoranda of offers and requisitions
then made by either side (7rpo/<A?jcre<.5). The
whole of the documents were then, if the
cause took a straightforward course (ev6v-
fitKi'a), enclosed on the last day of the ana-
crisis in a casket (ex'''0?), which was sealed,
and entrusted to the custody of the presiding
magistrate, till it was produced and opened at
the trial. During the interval no alteration
in its contents was permitted, and accordingly
evidence that had been discovered after the
anacrisis was not producible at the trial.
—In some causes, the trial before the dicasts
was by law appointed to come on within a
given time ; in such as were not provided for
by such regulations, we may suppose that it
would principally depend upon the leisure of
the magistrate. Upon the court being assem-
bled, the magistrate called on the cause, and
the plaintiff opened his case. At the com-
mencement of the speech, the proper officer
(6 e0' v&wp) rilled the clepsydra with water.
As long as the water flowed from this vessel
the orator was permitted to speak; if, how-
ever, evidence was to be read by the officer
of the court, or a law recited, the water was
stopped till the speaker recommenced. The
quantity of water, or, in other words, the
length of the speeches, was different in dif-
ferent causes. After the speeches of the ad-
vocates, which were in general two on each

side, and the incidental reading of the docu-
mentary and other evidence, the dicasts pro-
ceeded to give their judgment by ballot.—
When the principal point at issue was de-
cided in favour of the plaintiff, there followed
in many cases a further discussion as to the
fine or punishment to be inflicted on the
defendant (-n-aBelv rj a7roTio-ai). All actions
Were divided into two classes,—aywves art-
/xijtoi, suits not to be assessed, in which the fine,
or other penalty, was determined by the
laws ; and ayupes ti/xtjtoi, suits to be as-
sessed, in which the penalty had to be fixed
by the judges. If the suit was an ayCiv
Tip.7)Tos, the plaintiff generally mentioned
in the pleadings the punishment which he
considered the defendant deserved (rip.^p.a) ;
and the defendant was allowed to make a
counter-assessment (ayTiTipacrSai or vttotl-
P-aaOai), and to argue before the judges why
the assessment of the plaintiff ought to be
changed or mitigated. In certain causes,
which were determined by the laws, any of
the judges was allowed to propose an addi-
tional assessment (Trpoo-nVw1) ; the amount
of which, however, appears to have been
usually fixed by the laws. Thus, in certain
cases of theft, the additional penalty was
fixed at five days' and nights' imprison-
ment. Upon judgment being given in a
private suit, the Athenian law left its execu-
tion very much in the hands of the successful
party, who was empowered to seize the move-
ables of his antagonist as a pledge for the
payment of the money, or institute an action
of ejectment (efouArjs) against the refractory
debtor. The judgment of a court of dicasts
was in general decisive (Sua; avTOTeArjs) ; but
upon certain occasions, as, for instance, when
a gross case of perjury or conspiracy could
be proved by the unsuccessful party to have
operated to his disadvantage, the cause, upon
the conviction of such conspirators or wit-
nesses, might be commenced de novo.

DICTATOR, an extraordinary magistrate
at Rome. The name is of Latin origin, and
the office probably existed in many Latin
towns before it was introduced into Rome.
We find it in Lanuvium even in very late times.
At Rome this magistrate was originally called
magister populi and not dictator, and in the
sacred books he was always designated by the
former name down to the latest times. On
the establishment of the Roman republic the
government of the state was entrusted to two
consuls, that the citizens might be the better
protected against the tyrannical exercise of
the supreme power. Rut it was soon felt
that circumstances might arise in which it
was of importance for the safety of the state
that the government should be vested in the