Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.
See also:GREEK See also:LAW . See also:Ancient Greek law is a See also:branch of See also:comparative See also:jurisprudence the importance of which has been See also:long ignored. See also:Creek law Jurists have commonly See also:left its study to scholars, who and See also:corn- have generally refrained from comparing the instituparative tions of the Greeks with those of other nations. Greek l°See also:mss' law has, however, been partially compared with prudence. See also:Roman law, and has been incidentally illustrated with the aid of the See also:primitive institutions of the Germanic nations. It may now be studied in its earlier stages in the See also:laws of Gortyn; its See also:influence may be traced in legal documents preserved in See also:Egyptian papyri; and it may be recognized as a consistent whole in its ultimate relations to Roman law in the eastern provinces of the Roman See also:empire. The existence of certain panhellenic principles of law is implied by the See also:custom of settling a difference between two Greek states, or between members of a single See also:state, by resorting to See also:external See also:arbitration. The See also:general unity of Greek law is mainly to be seen in the laws of See also:inheritance and See also:adoption, in laws of See also:commerce and See also:contract; and in the publicity uniformly given to legal agreements. value to two oxen) are awarded either (a) to the litigant who " pleads his cause most justly before them " (so Thonissen, See also:Shilleto and See also:Lipsius, in accordance with the See also:Attic use of phrases like See also:Stem' e[ireiv), or (b) to the See also:judge " who, among all the elders, gives the most righteous See also:judgment (so See also:Maine, approved by See also:Sidgwick, See also:Pollock, See also:Leaf and Ridgeway). On this controversy, cf. Maine's Ancient Law, See also:chap. x. pp. 385 f., 405 f., ed. Pollock; Thonissen, See also:Droit penal (1875), 27; P. M. Laurence (on Shilleto's view) in See also:Journal of See also:Philology, viii. (1879), 125 f. ; Ridgeway, ib. x. (1882), 3o f., and Journal of Hellenic Studies, viii. (1887), 133 f.; and Leaf, ib. viii. 122 f., and in his Commentary on Iliad, ii. (1902), 610-614; also J. H. Lipsius in Leipziger Studien, xii. (1890), 225-231, criticized by H. Sidgwick in Classical See also:Review, viii. (1894), 1-4. We are told elsewhere in See also:Homer that sometimes a See also:man accepted See also:blood-See also:money from the slayer of his See also:brother or his son, and that the slayer remained in the See also:land after paying this See also:penalty (Il. ix. 633). As a See also:rule the slayer found it safest to flee (Od. See also:xxiii. 118 f.), but even so, he might be pursued by the See also:friends of the slain (Od. xv. 272-278). If he remained, the land was not (as in later ages) deemed to be polluted by his presence. In Homer, See also:Orestes does not slay Clytaemestra, and he needs no " See also:purification " for slaying See also:Aegisthus. The laws of See also:Sparta are ascribed to the legislation of See also:Lycurgus, whose traditional date is 884 B.C. Written laws are said to have tireekiaw. been expressly forbidden by Lycurgus (See also:Plutarch, givers: Lycurgus, 13); hence the " laws of Sparta " are simply Lycurgus a See also:body of traditional observances. We learn that all at Sparta. trials for See also:homicide came before the See also:Council of Elders and lasted for several days, and that all See also:civil causes were tried by the ephors (q.v.)•. We are also told that originally the land was equally divided among the citizens of Sparta, and that this equality was enforced by law (See also:Polybius vi. 45-46). See also:Early in the 4th See also:century the See also:ephor Epitadeus, owing to a disagreement with his son, enacted that every Spartan should be allowed to See also:transfer his See also:estate and his See also:allotment to any other See also:person (Plutarch, See also:Agis, 5), while See also:Aristotle, in a much-debated passage of the Politics (ii 9. 14-15), criticizes the Spartan constitution for allowing the See also:accumulation of See also:property in a few hands, an evil aggravated by the large number of " heiresses "; " a man (he adds) may bestow his heiress on any one he pleases; and, if he See also:dies intestate, this See also:privilege descends to his See also:heir."
Law was first reduced to See also:writing in the 7th century B.C. A
written See also:code is a necessary See also:condition of just judgment, and
such a code was the first concession which the See also:people
See also:Local legislation in See also:Crete is represented by the laws of the important See also:city of Gortyn, which lies to the See also:south of See also:Ida in a See also:plain watered by the Lethaeus. See also:Part of that stream forms a sluice for a See also:water-See also: They precede the introduction of coined money into Crete, the penalties being reckoned, not in coins, but in caldrons,. They See also:deal with the See also:powers of the magistrates and the observances of See also:religion, but are mainly concerned with private matters of See also:barter and See also:sale, See also:dowry and adoption, inheritance and See also:succession, fines for trespass and questions of blood-money. As in the code of See also:Zaleucus, we have a fixed See also:scale of penalties, including the See also:fine of a single See also:tripod, and ranging from one to a See also:hundred caldrons. The great inscription is perhaps two centuries later (c. 450 B.C.). It consists of a number of amendments or additions to an earlier code, and it deals exclusively with private law, in which the See also:family and family property occupy the largest part. The See also:procedure is entirely oral; oaths and other oral testimony are alone admitted; there are no documentary proofs, and no See also:record of the See also:verdict except in the memory of the judge or of his " rernembrancer." All the causes are tried before a single judge, who varies according to the nature of the suit. Where the law specially enjoins it, he is See also:bound to give judgment (Suetaev) in accordance with the law and the " witnesses or oaths," but, in other cases, he is permitted to take See also:oath and decide (Kplveev) in view of " the contentions of the parties," as distinguished from " the declarations of the witnesses." Offences against the person are treated as matters of private See also:compensation according to a carefully graduated See also:tariff. In certain cases the See also:defendant may clear himself by an " oath of purgation " with the support of " co- jurors " (duwµbrai), the Eideshelfer of old Germanic law (See also:Grimm 859 f.), who have no necessary knowledge of the facts. There is no interference with the exposure of infants, except in the See also:interest of the See also:father (if the See also:child is See also:free-See also:born) or of the See also:lord (in the See also:case of See also:serfs). The law of See also:debt is primitive, though less severe than that of the early See also:Romans. In contrast with these primitive elements we have others which are distinctly progressive. The estates of See also:husband, wife and sons are regarded as absolutely distinct. See also:Wills are unknown, even in their most restricted See also:form. Elaborate provisions are made to secure with all See also:speed the See also:marriage of an " heiress "; she is bound to marry the eldest of her paternal uncles or to surrender part of her estate, and it is only if there are no paternal uncles that she is permitted to marry one (and that the eldest) of their sons. Adoption is made by the See also:simple procedure of mounting a See also:block of See also: See also:Comparetti's Leggi di See also:Gortyna (1893) ; Biicheler and Zittelmann in Rhein. See also:Mus. xl. (r885); Dareste, Haussoullier and Th. See also:Reinach, Isocr. juridiques Eecques, iii. (1894), 352-493 (with the literature there quoted). ng. trans. by See also:Roby in Law Quarterly Review (1886), 135-152; see also E. S. See also:Roberts, Gk. See also:Epigraphy, i. 39 f., 52 f., 325-332; J. W. Headlam in Journal of Hellenic Studies, xiii. (1892-1893), 48-69; P. See also:Gardner and F. B. See also:Jevons, Greek Antiquities (1895), 560-574; W. See also:Wyse in Whibley's See also:Companion to Greek Studies (1905), 378-383; and See also:Hermann Lipsius, Zum Recht von Gortyns (See also:Leipzig, 1909). A Roman writer ascribes to the Athenians the very invention of lawsuits (See also:Aelian, See also:Var. Hist. 38), and the Athenians themselves regarded their tribunals of homicide as institutions of immemorial antiquity (Isocr. Paneg. 40), era of in the Greek cities extorted from the ruling aristocracies. written The See also:change was generally effected with the aid of a single legislator entrusted with See also:complete authority to draw up a code. The first communities to reach this See also:stage of progress were the Greek colonies in the See also:West. The Epizephyrian Locrians, Zaleucus near the extreme south of See also:Italy, received the earliest at hocri written code from Zaleucus (663 B.C.), whose strict Epize and severe legislation put an end to a See also:period of strife phyrii and confusion, though we know little of his laws, except that they attached definite penalties to each offence, and that they strictly protected the rights of property. Two centuries later, his code was adopted even by the See also:Charondas Athenian See also:colony of See also:Thurii in south Italy (443 B.C.). See also:arena, etc. Charondas, the " See also:disciple " of Zaleucus, became the lawgiver, not only of his native See also:town of Catana on the See also:east See also:coast of See also:Sicily, but also of other Chalcidian colonies in Sicily and Italy. The laws of Charondas were marked by a singular precision, but there was nothing (says Aristotle) Andro- that he could claim as his own except the See also:special dames of Rhegium. procedure against false witnesses (Politics, n. I2. IT). In the case of See also:judges who neglected to serve in"the law courts, he inflicted a large fine on the See also:rich and a small fine on the poor (ib. vi. (iv.) 13. 2). Androdamas of Rhegium gave Phi/atoms laws on homicide and on heiresses to the Chalcidians ofCoriaih. of See also:Thrace, while See also:Philolaus of See also:Corinth provided the Thebans with " laws of adoption " with a view to preventing any change in the number of the allotments of land (ib. ii. 12. 8-14). See also:Athens, On the abolition of the single decennial See also:archon 1 in 683 B.C., his duties were distributed over several officials holding See also:office for one year only. The judicial duties thenceforth discharged by
the See also:chief archon (the archon), in the case of citizens,
were discharged by the polemarch in the case of See also:foreign
settlers or metics (µETOtKOt); while the See also: Hist. Inscr. No. 59). It drew a careful distinction between different kinds of homicide. Of the See also:rest of Draco's legislation we only know that Aristotle (Politics, ii. 12, 13) was struck by the severity of the penalties, and that the creditor was permitted to seize the person of the debtor as See also:security for his debt. The conflict of the orders was not allayed until both parties agreed in choosing Solon as mediator and as archon (594 B.c.). See also:colon. Solon cancelled all mortgages and debts secured on the person of the debtor, set free all who had become slaves for debt, and forbade such See also:slavery for the future (see SoLoN). Thenceforth every See also:citizen had also " the right of See also:appeal to the law-courts," and the privilege of claiming legal See also:satisfaction on behalf of any one who was wronged. Cases of constitutional law (inter alia) came before large law-courts numbering hundreds of jurors, and the See also:power of voting in these law-courts made the people masters of the constitution (Aristotle's Constitution of Athens, c. 9). Solon's legislation also had an important effect on the law of property. In primitive times, on a man's See also:death, his money or lands remained in the family, and, even in the See also:absence of See also:direct descendants, the owner could not dispose of his property by will. Permission to execute a will was first given to Athenian citizens by the laws of Solon. But " the Athenian Will was only an inchoate Testament " (Maine's Ancient Law, c. vi.); for this permission was expressly limited to those citizens who had no direct male descendants (Dem. Le pt. 1o2; Plutarch, Solon, 21; cf. Wyse on See also:Isaeus, p. 325). The law of intestate succession is imperfectly preserved in [Dem.) 43, § 51 (cf. Wyse, ib. p. 562 f.). In the absence of direct male descendants, a daughter who survived her father was known as an isriKX91Poc, not an " heiress," but a " person who went with the estate "; and, in the absence of a will, the right or See also:duty of marrying the daughter followed (with.certain obvious exceptions) the same rules as the right of succession to the estate (cf. Wyse, ib. p. 348 f.).
Among the reforms of See also:Cleisthenes (5o8) was the law of See also:ostracism (q.v.). The privileges of the Areopagus were curtailed (while its right to try certain cases of homicide was left untouched) by the reforms of Ephialtes (462),
For further See also:information as to the See also:evolution of the Athenian ConstitutlOnseeARCHON, AREOPAGUS, See also:BOULE, See also:ECCLESIA, See also:STRATEGUS, and articles on all the chief legislators.and of See also:Pericles, who also restored the See also:thirty " local justices" (453), limited the See also:franchise to those of citizen-blood
by both parents (451), and was the first to assign to pe
C/eontries,
. jurors a See also:fee for their services in the law-courts, which
was raised to three obols by See also:Cleon (425).
In contrast to legislative reforms brought about by lawgivers entrusted with special authority, such as Draco, Solon and Cleisthenes, there was the See also:regular and normal course See also:Ordinary of public legislation. The legislative power was not course of exercised directly by the popular See also:assembly (see legts/a-
EceLESiA), but the preliminary consent of that body tion. was necessary for the See also:appointment of a legislative See also:commission. In the 5th century (e.g. in 450 and 446 B.C.) certain commissioners called ovy-ypa is were appointed to draw up laws which, after approval by the council, were submitted to the assembly. The same See also:term was still in use in See also: At the first See also:meeting of the assembly in the year, the people was asked whether it would permit motions to be made for altering or supplementing the existing laws. A debate ensued, and, if such permission were granted, any citizen who wished to make a See also:motion to the above effect was required to publish his proposals in the market-place, and to See also:hand them to the secretary of the council (Boule) to be read aloud at more than one meeting of the assembly. At the third regular meeting the people appointed the legislative commissioners, who were drawn by See also:lot from the whole number of those then qualified to See also:act as jurors. The number, and the duration of the commission, were determined in each case by the people. The proceedings before the commission were conducted exactly in the manner of a lawsuit. Those who desired to see old laws repealed, altered or replaced by new laws came forward as accusers of those laws; those of the contrary See also:opinion, as defenders; and the See also:defence was formally entrusted to public See also:advocates specially appointed for the purpose (evviryopot). The number of the commissioners varied with the number or importance of the laws in question; there is See also:evidence for the number See also:fool (Dem. See also:xxiv. 27). If a law approved by the commission was deemed to be unconstitutional, the proposer was liable to be prosecuted (by a ypag5 aapavoµwe), just as in the case of the proposer of an unconstitutional See also:decree in the public assembly. Formal proceedings might also be instituted against laws on the See also:sole ground of their inexpediency (see See also:note on Aristotle's Constitution of Athens, p. 219, ed. See also:Sandys). A prosecutor who (like See also:Aeschines in his See also:indictment of See also:Ctesiphon) failed to obtain one-fifth of the votes was fined moo drachmae (£4o), and lost the right to adopt this procedure in future. When a year had elapsed, the proposer of a law or a decree was free from See also:personal responsibility. This was the case with See also:Leptines, but the law itself could still be attacked, and, in this event, five advocates were appointed to defend it (oIv6uoi), cf. Dem. Lept. 144, 146. Limits of space make it impossible to include in the See also:present See also:article any survey of the purport of the extant remains of the laws of Athens. Such a survey would begin with the laws of the family, including laws of marriage, adoption The laws ofAthens. and inheritance, followed by the law of property and contracts, and the laws for the See also:protection of See also:life, the protection of the person, and the protection of the constitution. The texts have been collected and classified in Teify's Corpus See also:juris Attici (1867), a work which can be supplemented or corrected with the aid of Aristotle's Constitution of Athens; while some of the See also:recent expositions of the subject are mentioned in the bibliography at the end of this article. We now proceed to See also:notice the law of homicide, but solely in connexion with See also:jurisdiction. The general term for a tribunal is &tKaan'?Ptov (from 8ta4w), Anglicized " dicastery." Of all the tribunals of Athens those for the trial of homicide were at once the most primitive and the least liable to suffer change through See also:lapse of time. In the old Germanic law all trials whatsoever were held in the open See also:air (Grimm 793 f.). At Athens this custom was characteristic of all the five primitive courts of homicide, the See also:object being to prevent the prosecutor and the judges from coming under the same roof as one who was charged with the shedding of blood (See also:Antiphon, De caede Herodis, ii). The place where the trial was held depended on the nature of the See also:charge. The three See also:senior archons. Clplsthenes, Ephiaites. Syngrapheis. Nomothetae. Jurisdiction; the five primitive tribunals for the Wept homicide. i. The See also:rock of the See also:Acropolis, outside the earliest of the city-walls, was the proper place for the trial of persons charged with pre-On the meditated homicide, or with wounding with See also:intent to kill. Areopagus. The penalty for the former See also:crime was death; for the latter See also:exile; and, in either case, the property was confiscated. If the votes were equal, the person accused was acquitted. The proceedings lasted for three days, and each See also:side might make two speeches. After the first speech the person accused of premeditated homicide was mercifully permitted to go into exile, in which case his property was confiscated, and in the ordinary course he remained in exile for the rest of his life. 2. Charges of unpremeditated homicide, or of instigating another to inflict bodily harm on a third person, or of killing a slave or a At the See also:resident See also:alien or a foreigner, were tried at the Palladion, Palladioa. the ancient See also:shrine of See also:Pallas, east of the city-walls. The See also:punishment for unpremeditated homicide was exile (without See also:confiscation) until such time as the criminal had propitiated the relatives of the person slain, or (failirT that) for some definite time. The punishment for instigating a crime was the same as for actually committing it. At the Dei- 3. Trials at the Delphinion, the shrine of Apollo phlnion. Delphinios, in the same See also:quarter, were reserved for special cases of either accidental or justifiable homicide. 4. If a man already in exile for unpremeditated homicide were accused of premeditated homicide, or of wounding with intent to At kill, See also:provision was made for this rare contingency by per-Phreatto. mitting him to approach the See also:shore of See also:Attica and conduct his defence on board a See also:boat, while his judges heard the cause on shore, at a " place of pits " called Phreatto, near the See also:harbour of Zea. If the accused were found guilty, he incurred the proper penalty; if acquitted, he remained in exile. 5. The See also:court in the precincts of the See also:Prytaneum, to the See also:north of the Acropolis, was only of ceremonial importance. It " solemnly heard At the pry. and condemned undiscovered murderers, and animals or inanimate See also:objects that had caused the loss of life." 1 taneum. The See also:writ ran " against the doer of the See also:deed," and any See also:instrument of death that was found guilty was thrown across the frontier. The trial was held by the four " tribe-kings" (' vaogaotXeis), an archaic survival from before the time of Cleisthenes. (On these five courts see Aristotle's Constitution of Athens, c. 57, and Dem. Aristocr. 65-79.) In all the courts of homicide the See also:president was the archon-basileus, or king-archon, who on these occasions laid aside his See also:crown. Fphetae. Originally all these courts were under the jurisdiction of an ancient body of judges called the ephetae (l4irai), whose institution was ascribed to Draco. The transfer of the first of the above courts to the council of the Areopagus is attributed to Solon. In practice the jurisdiction of the ephetae (see also AREOPAGUS) was probably confined to the courts at the Palladion and Delphinion; but even there the rights of this primitive body became obsolete, for trials " at the Palladion " sometimes came before an ordinary tribunal of 500 or 700 jurors (Isocr. C. Callim. 52, 54; [Dem.] c. Neaeram, ro). Except in the case of the primitive courts of homicide, the right of jurisdiction was entrusted to the several archons until The the date of Solon (594)• When the direct jurisdiction presidents of the archons was impaired by Solon's institution othhe of the " right of appeal to the law-courts," the tribunals, dignity of those officials was recognized by their having the privilege of presiding over the new tribunals (iyeµovia &Kavrrlpion). A similar position was assigned to the other executive See also:officers, such as the strategi (generals), the board of See also:police called the " Eleven," and the See also:financial officers, all of whom presided over cases connected with their respective departments. In their new position as presidents of the several courts, the archons received plaints, obtained from both parties the evidence which The king. they proposed to present, formally presided at the archon. trial, and gave instructions for the See also:execution of the See also:sentence. The choice of the presiding See also:magistrate in each case was determined by the normal duties of his office. Thus the chief archon, the See also:official See also:guardian of orphans and The See also:pole- widows, presided in all cases, public or private, See also:con-march. nected with the family property of citizens (Aristotle, U.S. C. 56). The king-archon had charge of all offences against religion, e.g. indictments for impiety, disputes within archon, the polemarch, discharged in relation to resident aliens all such legal duties as were discharged by the chief archon in relation to citizens (c. 58). The trial of military offences The theswas under the See also:presidency of the strategi, who were mothetae. assisted by the other military officers in preparing the case for the court. The six junior archons, the thesmothetae, acted as a board which was responsible for all cases not specially assigned to any other officials (details in c. 59). The See also:Forty, who were appointed by lot, four for each of the ten tribes, acted as sole judges in See also:petty cases where the See also:damages claimed did not exceed ten drachmae. Claims beyond that amount they handed over to the arbitrators. Foe Forty. The four representatives of any given tribe received notice of such claims brought against members of that tribe. It seems probable that they dealt with all private suits not other-See also:wise assigned, but, unlike the archons, they did not prepare any case for the court but referred it, in the first instance, to a public arbitrator appointed by lot (c. 53)2 The public arbitrators (Simi-neat) were a body including all Athenian citizens in the sixtieth year of their See also:age. The arbitrator, on receiving the case from the four representatives The public of the Forty, first endeavoured to bring the parties arbi- to an agreement. If this failed, he heard the evidence tratom and gave a decision. If the decision were accepted, the case was at an end, but, if either of the two parties insisted on appealing to a law-court, the arbitrator placed in two caskets (one for each party) copies of all the depositions, oaths and challenges, and of all the laws quoted in the case, sealed them up, and, after attaching a copy of his own decision, handed them over to the four representatives of the Forty, who brought the case into court and presided over the trial. Documents which had not been brought before the arbitrator could not be produced in court. The court consisted of 201 jurors where the sum in question was not more than r000 drachmae (£4o); in other cases the number of jurors was 401 (c. 53)• A small board of five appointed by lot, one for each pair of tribes, and known as the " introducers " (elo'a'ywyeZs), brought up certain of the cases that had to be decided within a See also:month (Eµ op'ot 5b at), such as actions for restitution Flsago- of dowry, repayment of See also:capital for setting up a business, gels. and cases connected with banking. The largest and most important of the legal tribunals, the " dicastery " (See also:par excellence), was known as the heliaea. The name, which is of uncertain origin,3 denotes not only Hellam the place where the court was held but also the members of the court,—the heliastae of See also:Aristophanes, the dicastae, of avSpes StKavrai, of the Attic orators. During the palmy days of the Athenian See also:democracy, in the See also:interval between the See also:Persian and the Peloponnesian See also:wars, the See also:total number liable to serve as jurors is said to have been 6000 (Aristotle, u.s. c. 24. 3), and this number was never exceeded (Aristoph. Vesp. 661 f.). Any Athenian citizen in full See also:possession of his rights, and over thirty years of age, was entitled to be placed on the See also:list (Aristotle, U.S. C. 63. 3). At the beginning of the year the whole body of jurors assembled on the See also: J. See also:Bonner, in Classical Philology (See also:Chicago, 1907), 407-418, who urges that only cases belonging to the Forty were subject to public arbitration. 2 Connected either with d.WsQOa1, " to assemble," or itaw,os, or "Hats (cf. Curt See also:Wachsmuth, Stadt Athen, ii. (1) 359-364). The first is possibly right (cf. See also:Rogers on Aristoph. :Wasps, xvii. f.); the second implies that this large court was held in the open air (Lipsius, Att. Recht, 172). The chief archon. The the family as to the right to hold a particular prieststrategi. See also:hood, and all actions for homicide (c. 57). The third 1 In the case of " animals," we may compare the See also:Mosaic law of Exod. xxxi. 28 and the old Germanic law (Grimm 664) ; and in that of " inanimate objects," the See also:English law of deodands (See also:Blackstone i. 300), repealed in 1846. See also Frazer on See also:Pausanias, i. 28. to. (in important See also:political trials) various multiples of 500, namely, 1000, 1500, 2000 or 2500. To some of these See also:numbers one juror is added; it was probably added to all, to obviate the See also:risk of the votes being exactly equal. The evidence as to the organization of the jurors in the early part of the 4th century is imperfect. Passages in Aristophanes (Ecclesiazusae, 682–688; See also:Plutus, 1166 f.) imply that in 392–388 n.c. the total number was divided into ten sections distinguished by the first ten letters of the Greek See also:alphabet, A to K. Every juror, on his first appointment, received a See also:ticket of See also:boxwood (or of See also:bronze) bearing his name with that of his father and his deme, and with one of the above letters in the upper left-hand corner. Of the bronze tickets many have been found (see notes on Aristotle's Constitution of Athens, c. 63, and fig. r in See also:frontispiece, ed. Sandys). These tickets formed part of the machinery for allotting the jurors to the several courts. To guard against the possibility of See also:bribery or other undue influence, the allotment did not take place until immediately before the See also:hearing of the case. Each court contained an equal number of jurors from each of the ten tribes, and thus represented the whole body of the state. The juror, on entering the court assigned him, received a See also:counter (see fig. 3 in frontispiece, u.s.), on presenting which at the end of the See also:day he received his fee. The machinery for carrying out the above arrangements is minutely described at the end of Aristotle's Constitution of Athens (for details, cf. See also: The technical term for this information, denunciation or See also:impeachment was eisangelia (etaayyeAta). The council could inflict a fine of 500 drachmae (£2o), or, in important cases, refer the See also:matter either to a law-court, as in the trial of Antiphon (Thuc. viii. 68), or to the ecclesia, as in that of See also:Alcibiades (415 B.C.), and the strategi in command at Arginusae (406; Xen. See also:Hell. i. 7. 19). The term eiaayyeXia was also applied to denunciations brought against persons who wronged the See also:orphan or the widow, or against a public arbitrator who had neglected his duty (Dem. Meidias, 86 f.). A presentation " of criminal information (irpo(3oXi7) might be laid before the assembly with a view to obtaining its preprobole. liminary See also:sanction for bringing the case before a judicial tribunal. Such was the mode of procedure adopted against persons who had brought malicious, groundless or vexatious accusations, or who had violated the sanctity of certain public festivals. The leading example of the former is the trial of the accusers who prompted the people to put to death the generals who had won the See also:Battle of Arginusae ()Cen, Hell. i. 7. 34) ; and, of the latter, the proceedings of See also:Demosthenes against Meidias.
Legal actions (SLscu) were classified as private ('i&cac) or public (S17µoaeac). The latter were also described as ypa¢al or
"prosecutions," but some ^y See also:pack ai were called "private,"
Classes
of legal when the state was regarded as only indirectly injured
actions, by a wrong done to an individual citizen (Dem. xxi. 47).
A private suit could only be brought by the man directly interested, or, in the case of a slave, a See also: In the first, the person accused was summarily arrested by the prosecutor and haled into the presence of the proper official. In the second, the accuser took the officer with him to See also:arrest the See also:culprit (Dem. xxii. 26). In the third, he lodged an information with the official, and left the latter to effect the See also:capture. (Dams, a general term for many kinds of legal " information," was a form of procedure specially directed against those who injured the fiscal interests of the state, and against guardians who neglected the pecuniary interests of their wards. 'Airoypac was an action for confiscating property in private hands, which was claimed as belonging to the state, the term being derived from the claimants' written See also:inventory of the property in question. The ordinary procedure in all lawsuits, public or private, began with a personal See also:summons (rpoaKXiiacc) of the defendant by the plaintiff accompanied by two ordinary legal ro. witnesses (KX17ri Per). If the defendant failed to cedurep. appear in court, these witnesses gave See also:proof of the summons, and judgment went by See also:default. The action was begun by presenting a written statement of the case to the magistrate who presided over trials of the class in question. If the statement were accepted, court-fees were paid by both parties in a private action, and by the prosecutor alone in a public action. The magistrate fixed a day for the preliminary investigation (avaKpcacs), and, whenever several causes were instituted at the same time, he drew lots to determine the See also:order in which they should be taken. Hence the plaintiff was said " to have a suit assigned him by lot " (Xayxavecv StK17v), a phrase practically See also:equivalent to " obtaining leave to bring an action." At the av&Kpeacs the plaintiff and defendant both swore to the truth of their statements. If the defendant raised no formal protest, the trial proceeded in regular course (evBu&Kia), but he might contend that the suit was inadmissible, and, to prove his point, might bring witnesses to confront those on the side of the plaintiff (&aµaprvpia), or he might rely on See also:argument without witnesses by means of a written statement traversing that of the plaintiff (rapaypachii). The person who submitted the special plea in See also:bar of action naturally spoke first, and, if he gained the verdict, the See also:main suit could not come on, or, at any See also:rate, not in the way proposed or before the same court. A See also:cross-action (avrcypach) might be brought by the defendant, but the verdict did not necessarily affect that of the See also:original suit. In the preliminary examination copies of the laws or other documents bearing on the case were produced. If any such document were in the hands of a third person, he could be compelled to produce it by an action for that m nts. purpose (etc Eµ4av&,v Karaaraau'). The depositions were ordinarily made before the presiding officer and were taken down in his presence. If a See also:witness were compelled to be absent, a certified copy of his deposition might be sent (EKµaprupia). The depositions of slaves were not accepted, unless made under See also:torture, and for receiving such evidence fhe consent of both parties was required. Either party could See also:challenge the other to submit his slaves to the Cbaltest (rp*KVliols etc /6o-avov), and, in the event of the lenges. challenge being refused, could comment on the fact when the case came before the court. Either party could also challenge the other to take an oath (rpOa)^nacr eic dpKOV), and, if the oath were declined, could similarly comment on the fact. Eisangelia. 506 See also:Mercantile cases had to be decided within the interval of a month; others might be postponed for due cause. If, on the The trial day of trial, one of the parties was absent, his representative had to show cause under oath (inrwgoQia); if the other party objected, he did so under oath (av8wrwµoo-ia). If the plea for delay were refused by the court, and it were the defendant who failed to appear, judgment went by default; in the absence of the plaintiff, the case was given in favour of the defendant. The official who had conducted the preliminary inquiry also presided at the trial. The proceedings began with a solemn See also:sacrifice. The plea of the plaintiff and the formal reply of the defendant were then read by the clerk. The court was next addressed first by the plaintiff, next by the defendant; in some cases there were two speeches on each side. Every litigant was legally required to conduct his own case. The speeches were often composed by professional experts for delivery by the parties to the suit, who were required to speak in person, though one or more unprofessional supporters (avvilyopol) might subsequently speak in support of the case. The length of the speeches was in many cases limited by law to a fixed time recorded by means of a water-See also:clock (See also:clepsydra). Documents were not regarded as part of the speech, and, while these were being read, the clock was stopped (See also:Goethe found a similar custom in force in See also:Venice in October 1786). The witnesses were never cross-examined, but one of the litigants might formally interrogate the other. The case for the defence was sometimes finally supported by pathetic appeals on the part of relatives and friends. When the speeches were over, the votes were taken. In the 5th century See also:mussel-shells (XoipIvat) were used for the purpose. Each of the jurors received a See also:shell, which he placed in one of the two urns, in that to the front if he voted for acquittal; in that to the back if he voted for condemnation. If a second vote had to be taken to determine the amount of the penalty, See also:wax tablets were used, on which the juror drew a long See also:line, if he gave the heavy penalty demanded by the plaintiff; a See also:short one, if he decided in favour of the lighter penalty proposed by the defendant. In the 4th century the mussel-shells were replaced by disks of bronze. Each disk (inscribed with the words 'HFOE HMOEIA) was about 1 in. in See also:diameter, with a short See also:tube See also:running through the centre. This tube was either perforated or closed (see See also:figs. 6 and 7 in frontispiece to Aristotle's Constitution of Athens, ed. Sandys). One of each See also:kind was given to every juror, who was required to use the perforated or the closed disk, according as he voted for the plaintiff or for the defendant. On the See also:platform there were two urns, one of bronze and one of See also:wood. The juror placed in the hollow of his hand the disk that he proposed to use, and closed his fingers on the extremity of the tube, so that no one could see whether it were a perforated disk or not, and then deposited it in the bronze See also:urn, and (with the same precaution to ensure secrecy) dropped the unused disk into the wooden urn. The votes were sorted by persons appointed by lot, and counted by the president of the court, and the result announced by the See also:herald. For any second vote the same procedure was adopted (Aristotle, u.s., c. 68 of See also:Kenyon's See also:Berlin text). Pecuniary penalties were inflicted both in public and in private suits; personal penalties, in public suits only. Personal Penalties. penalties included sentences of death or exile, or different degrees of disfranchisement *gala) with or without confiscation. Imprisonment before trial was See also:common, and persons mulcted in penalties might be imprisoned until the penalties were paid, but imprisonment was never inflicted as the sole penalty after conviction. Foreigners alone could be sold into slavery. Sentences of death were carried out under the supervision of the board of police called the " Eleven." In ancient times a person condemned was hurled into a deep See also:pit (the barathrum) in anorth-western suburb of Athens. In later times he was compelled to drink the fatal See also:draught .of See also:hemlock. Common malefactors were beaten to death with clubs. Fines were collected and confiscated property sold by special officials, called srpaKTOper and awX,lral respectively. In private suits the sentence was executed by the state if the latter had a share in any fine imposed, or if imprisonment were part of the penalty. Otherwise, the execution of the sentence was left to the plaintiff, who had the right of distraint, or, if this failed, could bring an action of See also:ejectment (SLKrl Eloiryrls). From the verdict of the heliaea there was no appeal. But, if judgment had been given by default, the person condemned might bring an action to prove that he was not responsible for such default, TIP Epi /sov (sc. Surly) avrthayxavety. The corresponding term for challenging the See also:award of an arbitrator was Ti/v µii okay avntXayXavety. He might also bring an action for false evidence (SLKrl >/iev5oitaprvptwv) against his opponent's witnesses, and, on their conviction, have the sentence annulled. This " denunciation " of false evidence was technically called i rio op,Gts and .irta-sll7rTtTOOA. The large number of the jurors made bribery difficult, but, as was first proved by Anytus (in 4o9), not impossible. It also diminished the feeling of personal responsibility, while See also:Character it increased the influence of political motives. In of the addressing such a court, the litigants were not above Athenian appealing to the personal interests of the general tribunals. public. We have a striking example of this in the terms in which See also:Lysias makes one of his clients See also:close a speech in See also:prosecution of certain See also:retail corn-dealers who have incurred the penalty of death by buying more than 75 bushels of See also:wheat at one time: " If you condemn these persons, you will be doing what is right, and will pay less for the See also:purchase of your corn; if you acquit them, you will pay more" (xxii. § 22). Speakers were also tempted to take See also:advantage of the popular See also:ignorance by misinterpreting the enactments of the law, and the jurors could look for no aid from the officials who formally presided over the courts. The latter were not necessarily experts, for they owed their own original appointment to the caprice of the lot. Almost the only officials specially elected as experts were the strategi, and these presided only in their own courts. Again, there was every temptation for the informer to propose the confiscation of the property of a wealthy citizen, who would naturally prefer paying See also:blackmail to running the risk of having his case tried before a large tribunal which was under every temptation to decide in the interests of the See also:treasury. In conclusion we may quote the opinions on the judicial system of Athens which have been expressed by two eminent classical scholars and English lawyers. A translator of Aristophanes, Mr B. B. Rogers, records his opinion " that it would be difficult to devise a judicial system less adapted for the due See also:administration of See also:justice " (See also:Preface to Wasps, See also:xxxv. f.), while a translator of Demosthenes, Mr C. R. See also:Kennedy, observes that the Athenian jurors " were persons of no legal See also:education or learning; taken at haphazard from the whole body of citizens, and mostly belonging to the lowest and poorest class. On the other hand, the Athenians were naturally the quickest and cleverest people in the See also:world. Their wits were sharpened by the See also:habit ... of taking an active part in important debates, and hearing the most splendid orators. There was so much litigation at Athens that they were constantly either engaged as jurors, or present as spectators in courts of law" (Private Orations, p. 361). 2. Attic Law. (a) See also:Editions of Greek texts: I. B. Telly, Corpus juris Allici (Pest and Leipzig, '868); Aristotle's Constitution of Athens, ed. Kenyon (See also:London, 1891, &c., and esp. ed. 4, Berlin, 1903); ed. 4, See also:Blass (Leipzig, 1903) ; text with See also:critical and explanatory notes, ed. Sandys (London, '893); Lysias, ed. Frohberger (Leipzig, '866—'870; Isaeus, ed. Wyse (Cambridge, 1904) ; Demosthenes, Private Orations, ed. See also:Paley and Sandys, ed. 3 (Cambridge, '896—'898); Against Midias, ed. See also:Goodwin (Cambridge, '906); Dareste, Haussoullier, Th. Reinach, Inscr. juridiques grecques (See also:Paris, 1891—1904). (b) See also:Modern See also:treatises: K. F. Hermann, De vestigiis institutorum Atticorum per Platonis de legibus libros indagandis (See also:Marburg, 1836) ; Staatsaltertiimer, ed. 6, Thumser (See also:Freiburg, 1892) ; Rechtsaltertiimer, ed. 3, Thalheim (Freiburg, 1884) ; G. Busolt, Staatsund Rechtsaltertumer, ed. 2 (See also:Munich, 1892) ; U. von Wilamowitz-Mollendorff, Aristoteles and Athen (Berlin, 1893); G. Gilbert, Gk. Constitutional Antiquities (vol. i., Eng. trans., pp. 376-416, London, 1895); J. H. Lipsius, (I) new ed. of Meier and See also:Schomann, Der attische See also:Process (Berlin, 1883–1887) ; (2) ed. 4 of Schomann, Gr. Altertumer (Berlin, 1897–1902) ; (3) Das attische Recht and Rechtsverfahren (Leipzig, 1905) ; Daremberg and Saglio, Dictionnaire See also:des antiquites (Paris, 1877) ; G. Glotz, La Solidarite de la famille clans le droit criminel en Grece (Paris, 1904) ; L. Beauchet, Droit prive de la See also:rep. athen. (4 vols., Paris, 1897); C. R. Kennedy, Appendices to transl. of Dem. vols. iii. and iv. (1856–1861) ; See also: Additional information and CommentsThere are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click, and select "copy." Then paste it into your website, email, or other HTML. Site content, images, and layout Copyright © 2006 - Net Industries, worldwide. |
|
[back] GREEK LANGUAGE |
[next] GREEK LITERATURE |