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

DIKE. ~ DIKE. 403
vidual citizens. It will be observed that cases accompany him to the polemarch's office; And there
frequently arise, which, with reference to the produce bail for his appearance, or failing to do so,
wrong complained of, may with equal propriety be submit to remain in custody till the trial. The
brought before a court in the form of the 7ypeai word -avryyvaY is peculiarly used of this proceedast mentioned, or in that of an ordinary Witc7, and ing. Between the service of the summons and apunder these circumstances the laws of Athens gave pearance of the parties before the magistrate, it is
the prosecutor an ample choice of methods to very probable that the law prescribed the intervindicate his rights by private or public proceed- vention of a period of five days. (Meier, Att.
ings (Dem. c. Andoc. p. 601), much in the same Process, p. 580.) If both parties appeared, the
way as a plaintiff in modern times may, for the proceedings commenced by the plaintiff putting ill
same offence, prefer an indictment for assault, or his declaration, and at the same time depositing his
bring his civil action for trespass on the person. share of the court fees (7rpv-ravea), the non-payIt will be necessary to mention some of the prin- ment of which was a fatal objection to the further
cipal distinctions in the treatment of causes of the progress of a cause. (Matth. De Jud. Atli. p. 261.)
two great classes above mentioned, before proceed- These were very trifling in amount. If the subing to discuss the forms and treatment of the pri- ject of litigation was rated at less than 1 00
vate lawsuit. drachmae, nothing was paid; if at more than 100
In a aKic, only the person whose rights were drachmae and less than 1000 drachmae, 3 drachmae
alleged to be affected, or the legal protector (IcVpios) was a sufficient deposit, and so on in proportion.
of such person, if a minor or otherwise incapable If the defendant neglected or refused to make his
of appearing sno jure, was permitted to institute payment, it is natural to conclude that he underan action as plaintiff; in public causes, with the went the penalties consequent upon non-appearexception of some few in which the person injured ance; in all cases the successful party was reimor his family were peculiarly bound and interested bursed his prytaneia by the other. (Meier, Att.
to act, any free citizen, and sometimes, when the Process, p. 613.) The 7rapaKarraoX41 was another
state was directly attacked, almost any alien, was deposit in some cases, but paid by the plaintiff
empowered to do so. In all private causes, except only. This was not in the nature nor of the
those of EtodVrl, BiaLcy, and 4atpEa Ecsws, the usual amount of the court fees, but a kind of
penalty or other subject of contention was ex- penalty, as it was forfeited by the suitor in case he
clusively recovered by the plaintiff, while in most failed in establishing his cause. In a suit against
others the state alone, or jointly with the prose- the treasury, it was fixed at a fifth; in that of a
cutor, profited by the pecuniary punishment of the claim to the property of a deceased person by ans
offender. The court fees, called prytaneia, were alleged heir or devisee, at a tenth of the value
paid in private but not in public causes, and a sought to be recovered. (Matth. De Jud. AtlZ.
public prosecutor that compromised the action with p. 260.) If the action was not intended to be
the defendant was in most cases punished by a brought before an heliastic court, but merely subfine of a thousand drachmae and a modified dis- mitted to the arbitration of a diaetetes [DIAzfranchisement, while there was no legal impedi- TETE SI, a course which was competent to the
ment at any period of a private lawsuit to the plaintiff to adopt in all private actions (Hudtreconciliation of the litigant parties. (Meier, Att. walcker, De Dieetet. p. 35), the drachma paid iln
Process, p. 163.) the place of the deposit above mentioned bore the
The proceedings in the 8ac7q were commenced name of rapdc'arcrTs. The deposits being made, it
by a summons to the defendant (7rpircXcAcrts) became the duty of the magistrate, if no manifest
to appear on a certain day before the proper objection appeared on the face of the declaration,
magistrate (eoaryw-yeSs), and there answer the to cause it to be written out on a tablet, and excharges preferred against him. (Arist. Nub. 1221, posed for the inspection of the public on the wall
Av. 1046.) This summons was often served by or other place that served as the cause list of his
the plaintiff in person, accompanied by one or court. (Meier, Att. Process, p. 605.)
two witnesses [CLETERES], whose names were The magistrate then appointed a day for the
endorsed upon the declaration (X.is or fEycAuqa). further proceedings of the anacrisis [ANACRISIS],
If there were an insufficient service of the sum- which was done by drawing lots for the priority
mnons, the lawsuit was styled a&rpolCXArw'os, and in case there was a plurality of causes instituted at
dismissed by the magistrate. (Hesych.) From the same time; and to this proceeding the phrase
the circumstance of the same officer that conducted AaryXcYEL'v Bssrv, which generally denotes to bring
the anacrisis being also necessarily present at the an action, is to be primarily attributed. If the
trial, and as these were besides dies nefasti plaintiff failed to appear at the anacrisis, the suit,
(&aroppdces) and festivals, during which none, or of course, fell to the ground; if the defendant
only some special causes could be commenced, the made default, judgment passed against him.
power of the plaintiff in selecting his time was, of (Meier, ltt. Process, p. 623.) Both parties, howcourse, in some degree limited; and of several ever, received an official summons before their
causes, we know that the time for their institution non-appearance was made the ground of either rewas particularised by law. (Aristoph. Nub. 1190.) saIt. An affidavit might at this, as well as at
There were also occasions upon which a personal other periods of the action, be made in behalf of
arrest of the party proceeded against took the a person unable to attend upon the given day,
place of, or at all events was simultaneous with, and this would, if allowed, have the effect of postthe service of the sunimons; as for instance, poning further proceedings (/vrcoioorLa) it might,
when the plaintiff doubted whether such party however, be combated by a counter affidavit to the
would not leave the country to avoid answering effect, that the alleged reason was unfounded or
the action; and accordingly we find that in such otherwise insufficient (a&svOurwAola-a); and a quescases (Dem. c. Zenothl. p. 890, c. Aristog. p. 778) tion would arise upon this point, the decision of
an Athenian plaintiff might compel a foreigner to which, when adverse to the defendant, would
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