Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

ANAKRISIS. ANAKRISIS.- 93
were fauleded on justice, and in accordance with the signature of some public officer or scribe to
the laws. But each of the litigant -parties might attest the correctness of the copy.
denounce the witnesses of his opponent as false Other legal documents, such as contracts (ota,witnesses, and thus a secondary lawsuit might be Oicmat, rvyypapaf), wills, books of accounts, and
interwoven with the principal one. If the 6aiexap- other records (Demosth. p. P/1ornm. p. 950), not
TTvpla was resorted to in a civil case, the party who only.required the signature and seal of the party
made use of it had to deposit a sum of money concerned, but their authenticity had to be attested
(crapatcaraeoAo), and when the plaintiff lost his by witnesses. (Demosth. e. Onet. p. 869).
suit, he lhad to pay to the defendant a fine for Evidence (peaprvpta) was given not only by freehaving raised an accusation without foundation. born and grown-up citizens, but also by strangers
In lawsuits about the succession to the property of or aliens (Demosth. c. Lacrit. pp. 927, 929, 930,
a person, the 8&aseaprLupa was the cnly form in 937), and even from absent persons evidence
which objections could be raised. (Bekker, might be procured (Ecteaprvpta, Demosth. c. Slepl..
Anecdlot. p. 236.) The 7rapaypacpa was an ob- p. 1130; Pollux, viii. 36), or a statement of a
jection in writing, which was made by the de- deceased person might be referred to (&cKOv
fendant, without his employing any witnesses,.apTrvpev, Demlosth. c. Step/. p. 1130, c. Leoeh.
and which was decided upons in court; and ill p. 1097). If any one was called upon to bear
this, also, the loser had to pay a fine to the party witness (McMxrVEdes), he could not refuse it; and
that gained the suit. (Pollux, viii. 58.) When if he refused, he might be compelled to pay a fine
the plaintiff gained his case, the prosecution pro- of 1000 drachmae (Demosth. de Fals. Leg. pp. 396,
ceeded ill its regular course. The,-'rvypaaq, 403; Aeschin. c. Timocr. p. 71), unless he could
however, night be sonlething more than a mere establish by an oath (watoaoofia), that he was
objection, inasmuch as the defendant might turn unable to give his evidence in the case. Any one
against the plaintiff, and raise an accusation against who had promised to bear witness, and afterwkrds
him. Such an accusation very commnonly con- failed to do so, became liable to the action of 81c?7J
sisted in the defendant charging his accuser with AXeuropAaprvupo ov or PX3s~Vs. The evidence of anl
having no right to claim the privileges of anl avowed friend or enemy of either party might be
Athenian citizen, in consequence of which the rejected. (Aeschin. c. Timoce. p. 72.) All evilatter was prevented from exercising those privi- denuce was either taken down in writing as it was
leges until he had established his claims to them. given by the witnesses, or in case of its having
This kind of &Y'vrypac1p was frecuently a mere been sent in previously in writing, it was read
device to annoy the plaintiff. aloud to the witness for his recognition, and he
These are, in general, the proceedings in the had generally to confirm his statement by an oath.
a'clcpaes: and from what thus took place, it is (Demosth. c. Steph. pp. 1115, 1119, 1130, c. Con.
clear that the main part of the evidence on both p. 1269; comp. Diog. Laert. iv. 7.) The testisides was brought out in the &,cdlrpit-s, and at the mnony of slaves was valid only when extorted by
regular trial in court the main object was to work instruments of torture, to which either one party
upon the minds of the judges through the in- might offer to expose a slave, or the other might
fluecice of the orators, with reference to the evi- demand the torture of a slave. (Demosth. c. 1idence brought out in the aaKtpie-Ls. The latter, costr. p. 1254, c. Ap7ob. p. 855, e. Onet. p. 874,
therefore, consisted of the simple evidence which c. Steph. p. 1135.)
required no oratorical discussion, and which was A distinct oath was required in cases where
contained, - 1. in laws; 2. in documents; 3. in there were no witnesses or documents, but it has
the statement of free witnesses; 4. in the state- been remarked above that oaths were also taken to
ment of slaves; and 5. in oaths. In all these confirm the authenticity of a document, or the truth
kinds of evidence, one party might have recourse of a statement of a witness. [JusJUItANDUTM.]
to the srpoccX0ro-is, that is, call upon the other If the evidence produced was so clear and saparty to bring forward such other evidence as was tisfactory, that there was no doubt as to who was
not already given. (Demostlh. c. Steph. p. 1006, right, the magistrate could decide the case at
c. T/eocr. p. 987, c. Panten.e. p. 978.) There was, once, without sending it to be tried in a court.
however, no strict obligation to comply with such During the anacrisis as well as afterwards in the
a demand (Demosth. c. Olyscp. p. 1181), and in regular court, the litigaut parties might settle
certain cases the party called upon might, in ac- their dispute by an amicable arrangemnellt. (Decordcance with established laws, refuse to comply mosth. c. Tleocrs i. p. 1323, c. Mlid. p. 529; Aeschin.
with the demand; for instance, persons belonging de Fcls. Leg. p. 269; Pollux, iii. 143.) But if
to the same family could not be compelled to ap- the plaintiff; in a public matter, dropped his accupear as witnesses against one another. (Demosth. sation, he became liable to a fine of 1000 drachc. Timis. p. 1195.) But if the reading of a docu- mnae, and incurred partial atimia; in later tines,
mesit, throwing light upon the point at issue, was howeves, this punishnlent was not always inlflicted,
refused, the other party might bring inl a 8i1? Els and ill civil cases the plaintiff only lost the sum
E,fuYave i KrTdJTeieTUV. of isoner which he had deposited. When the
In regard to the laws which either party might parties did not come to an understanding during
adduce in its support, it must be observed, that the anacrisis, all the various kinds of evidence
copies of them had to be read in the anacrisis, brought forward were put into a vessel called
since it would have been difficult for ally magis- EXvos, which was sealed and entrusted to some
gistrate or judge to fix, at once, upon the law or officer to be kept until it was wanted on the day
laws bearing upon the question at issue. In what of trial. (Demosth. c. Olyss7p. p. 1173; Sclol. ad
manner the authorities were enabled to insure Aristopi. Flesp. 1427.) The period between the
faithful and correct copies being taken of the laws, conclusion of the preliminary investigation and until
is not known; but it is highly probable that any the maltter was brought before a court, was conone who took a copy in the archives, had to get sidered to belong to the anacrisis, and that period