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

ANTIGONEIA. ANTIGRAPHE. 99'~rpooKTcasXErelO TLVO' ES e yV-rTooLV, Lysias'T7rsp alliance for the purpose of thwarting the plans of -os,'AAv-reov, p. 745.) It may be presumed Cleomenes. (Plut. Cleonz. 16, Arat., 45; Polyb. that he then formally repeated his proposal, and xxviii. 16, xxx. 20.) [L. S.] that the other party stated his objections, which, ANTIGRAPHE' (&rrTypaop-), originally sig. if obviously sufficient in law, might, perhaps, nified the writing put in by the defendant, in all authorise the magistrate to dismiss the case; if causes, whether public or private, in answer to the otherwise, the legal resistance, and preparations indictment or bill of the prosecutor. From this for bringing the cause before the dicasts, would signification, it was applied by an easy transition naturally begin here. In the latter case, or if the to the substance as well as the form of the reply, exchange were accepted, the law directed the both of which are also indicated by &vTrcuoe0a, challenger to repair to the houses and lands of his which means, primarily, the oath corroborating the antagonist, and secure himself, as all the claims and statement of the accused. Harpocration has relia.bilities of the estate were to be transferred, from marked that antisoraphe might denote, as antomosia fraudulent encumbrances of the real property, by does in its more extended applicatioIn, the bill and observing what mortgage placards (opoi), if any, affidavit of either party; and this remark seems were fixed upon it, and against clandestine removal to be justified by a passage of Plato. (Apolog. of the other effects, by sealing up the chambers that Soc. p. 27. c.) Schbmann, however, maintains contained them, and, if he pleased, by putting (Alt. Process, p. 465) that antisgraplse was only bailiffs in the mansion. (Dem. c. Phlaenzipp. used in this signification in the case of persons pp. 1040, 1041.) His opponent was, at the same who laid claim to an unassigned inheritance. time, informed, that he was at liberty to deal in Here, neither the first nor any other claimant like manner with the estate of the challenger, could appear in the character of a prosecutor; and received notice to attend the proper tribunal that is, no K6bc or E"ytc X]ma could be strictly said on a fixed day, to take the usual cath. The to be directed by one competitor against another, entries here described seem, in contemplation of when all came forward voluntarily to the tribunal law, to have been a complete effectuation of the to defend their several titles. This circumstance exchange. (Dem. c. 3Mid. p. 540, e. Phlaenipp. Schumann has suggested as a reason why the p. 1041. 25), and it does not appear that priniarily documents of each clainmanlt were denoted by the there was ally legal necessity for a further ratifi- term in question. cation by the dicasts; but, in practice, this must Perhaps the word "' plea," though by no means always have been required by the conflict of a coincident term, may be allowed to be a tolerably interests between the parties. The next pro- proximate rendering of antigraphe. Of pleas there ceedinog was the oath, which was taken by both can be only two kinds, the dilatory, and those to parties, and purported that they would faithfully the action. The former, in Attic law, comprehends discover all their property, except shares held in all such allegations as, by asserting the incomthe silver mines at Laurion; for these were not petency of the court, the disability of the plaintiff, rated to leiturgim or property-taxes, nor conse- or privilege of the defendant, and the like, would quently liable to the exchange. In pursuance of have a tendency to show that the cause in its this agreement, the law enjoined that they should present state could not be brought into court (/Ij exchange correct accounts of their respective assets E5ia0ydyi/ioV ET aOL Trv mKcv) * the latter, every(o7roipaoers) withinl three days; but in practice thing that could be adduced by way of denial, exthe time might be extended by the consent of the cuse, justification, and defence generally. It must challenger. After this, if the matter were still be, at the same time, kept in mind, that the process nucomnprolsised, it would assume the shape and called " special pleading," was at Athens supplied follow the course of an ordinary -lawsuit [DocE'], by the magistrate holding the anacrisis, at which under the conduct of the magistrate within whose both parties produced their allegations, with the jurisdiction it had originally come. The verdict of evidence to substantiate them; and that the the dicasts, when adverse to the challenged, seems object of this part of the proceedings was, under merely to have rendered imperative the first de- the directions, and with the assistance of the mandc of his antagonist, viz. that he should submit magistrate, to prepare and enucleate the question to the exchange or undertake the charge in ques- for the dicasts. The following is an instance of tion; and as the alternative was open to the former, the simplest formn of indictment and plea:and a compromise might be acceded to by the lat- "Apollodorus, the son of Pasion of Acharnae, ter, at any stage of the proceedings, we may infer against Stephanms, son of Menecles of Acharnae, that the exchange was rarely, if ever, finally ac- for perjury. The penalty rated, a talent. Stecomplished. The irklsomeness, however, of the se- phanus bore false witness against me, when he questration, during which the litigant was pre- gave in evidence the matters in the tablets. Stecluded from the use of his own property, and dis- phanus, son of Menecles of Acharnae. I witnessed. abled from bringing actions for embezzlement and truly, when I gave in evidence the things in the the like against others (for his prospective reim- tablet." (Demn. in Stepl. i. p. 1115.) The pleadbursement was reckoned a part of the seques- ings might be altered during the anacrisis; but tlated estate, Dem. c. Aplsob. ii. p. 841, c. Mid. once consigned to the echinus, they, as well as p. 540), would invariably cause a speedy, perhaps, all the other accompanying documents, were proin most cases, a fair adjustment of the burdens tected by the official seal firom any change by the incident to the condition of a wealthy Athenian. litigants. On the day of trial,:and in the presence (Bockh, Publ. Econ. of' Athens, pp. 580-583, of the dicasts, the echinus was opened, and the 2nd ed.) [J. S. M.] plea was then read by the clerk of the court, togeANTIGONEIA (avryTvmELma), sacrifices insti- ther with its antagonist bill. Whether it was tuted by Aratus and celebrated at Sicyon with preserved afterwards as a public record, which we paeans, processions, and contests, in honour of know to have been the case with respect to the Antigonus Doson, with whom Aratus formed an?ypacp in some causes, we are not informed.

/ 1312
Pages

Actions

file_download Download Options Download this page PDF - Pages 97-101 Image - Page 99 Plain Text - Page 99

About this Item

Title
Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
Author
Smith, William, Sir, 1813-1893.
Canvas
Page 99
Publication
Boston,: C. Little, and J. Brown
1870.
Subject terms
Classical dictionaries

Technical Details

Link to this Item
https://name.umdl.umich.edu/acl4256.0001.001
Link to this scan
https://quod.lib.umich.edu/m/moa/acl4256.0001.001/113

Rights and Permissions

These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Please go to http://www.umdl.umich.edu/ for more information.

Manifest
https://quod.lib.umich.edu/cgi/t/text/api/manifest/moa:acl4256.0001.001

Cite this Item

Full citation
"Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood." In the digital collection Making of America Books. https://name.umdl.umich.edu/acl4256.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2025.
Do you have questions about this content? Need to report a problem? Please contact us.