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

/ 78 GRAPHE. GRAP 1-HTI.
L eg. p. 419; de C~oron. p. 314; Antiphonl,'o The courts before which public causes could be
Clhoreut. p. 792; Lysias, c. Niconmacl. p. 864). tried were very various; and, besides the ordinary
These persons were either public slaves or citizens Heliastic bodies under the control of the. nine
of the lower orders, as appears from the mallnner in archons or the generals or logistae, the council and
which Demosthenes speaks of them, and were not even the assembly of the people occasionally beallowed to hold their office for two succeeding came judicial bodies for that purpose, as in the case
years. (Lysias, c. NTicoi7ach. p. 8 54. according of certain Docimasinte and Eisangeliae. (Meier,
to.the interpretation of this passage by Bockhh,,4tf. Pr-oc. pp. 205. 268.) The proper court in.Publ. Econ. p. 188, note 168.) whichl to bring a particular action was for the most
Different from these common clerlks were the part determinred by the subject-matter of the acavrLipape7?s, checking-clerks or counter-scriibes, x ho cusation. In the trial of state offences it was in
must likewise be divided into two classes, a lower general requisite that the ostenlsible prosecutor
and a higher one. The former conmprised those should be an Athenisan citizen in the full posseswho accompanied the generals and casshiers of the sion of his firanchise; but on some particular occaarmies (Demosth. de Chlerson. p. 101), w ho kept sioins (Thuc. vi. 28; Lys. p1)ro Cll. p. 186) even
the control of the expenditure of the sacred monev, slaves and resident aliens were invited to come
&c. (Bbckh, Ptzbl. Econ. p. 1 87). The highler class forward and lay inform'ations. In such cases, and
of a&vtriypaeqss, on the other haud, were public in some Eisanleliae and otl;er special proceedings,
officers. Their number was, accordiug to l-arpo- the prosecution and conduct of the cause in court
cration (s. v.), only two, the avrsypad)qvbs T7qS wvas carried on by advocates retainled by the state
alouCGFfeWSe, and the civ-TypaqieVs Trs /3ovXms. T'he (uvvm'yopot) for the occasion; but with the excepoffice of the former was to control the expeiditure tion of these temporary appointments, the protecof the public treasury (otolK,/ls1); the la tter:was tion of purely state interests seems to have been
always present at the meetings of the senate, and left to volunteer accusers.
recorded the accounts of money which was paid Iin criminal causes thie pI.secution was coninto the senate. (Compare Pollux, viii. 983 S uidas, dueted by the KVptos in behalf of the aggrieved
s. v.) He had also to lay the accounts of tIle woman, lninor, or slacve; his 7rpoordTr7s probalily
public revenue before the people in every pry tany gave some assistance to the resident alien in the
so that he was a check upon the &aroe'icTal. I te commencemtnt of proceedings, though the acciusawas at first elected by the people by XEspo'ro'st, tion was in the nanle of the person aggrieved, who
ibut was afterwards appointed by lot. (Aeschin. c. also made his appearance at the trial without the
Ctesiph. p. 417; Pollux, 1. c.) intervention of the patron (Meier, Ait. Proc.
The great number of clerks and counter-clerlks p. 661); and a complete foreigner would upon
at Athens was a necessary consequence of the in- this occasion require the same or a still further
stitution of the e0evsbV, which could not otherwise protection from the proxenus of Ihis country
have been carried into effect. (See Sciimnannl, (de 1 ith the exception of cases in which the Apagoge,
Comnit. p, 302, &c.; Bbckh, 1. c.; I-eriann, Ephegesis Endeixis, or Eisangelia were adopted,
Polit. A4ntiq. ~ 127. n. 17 and 1,.) [L. S.] iul the three first of which usl arrest actually did
GRAMMATOPHYLACIUM. ['FAnULA- and in the last might tale place, and accusations
lRIUM.1 at the Euthynae and Docimassiae, when the accused
GRAPHE (-ypa0qb), il its most general accept- was or was supposed by the law to be present, a
a* tion, comprehends all state trials and crimlinml public action against a citizen comrrenced like anl
prosecutions whatever in the Attic courtst; but in ordilnary law-suit, wl'ith a summons to appear beits more limited sense, those only which were not fore the proper magistrate on a fixed day. (Plato,
distinguished as the evOmBiv, hesiZris-, eia-yyeAha, l/ldap_/. inlit.) The anacrisis then followed
by a special name and a peculiar conduct of tlle [ANACRISIS]; but tlhe bill of accusation was
proceedings. The principal characteristic differ- called a'npalp, or (pdIis, as the case might be, anld
ences between public and private actions are ciu- not an Ey;gcA7,%a or Arlts, as in private actions;
merated under DIIcE, and the peculiar forms of' neither could a public prosecution be referred to
public prosecutions, such as those albove mesn- ail arbitrator [DmAETE;TrAEr], and if it were comtioned, are separately noticed. Of these forms, promlised mwould in many cases render the accuser
together with that of the Grcl-ople, properly so liilsble to'm action m4crOvbfe~es, if not ipso facto to
called, it frequently happened that twvo or mnore a fine of a thousamd drachimae. (Meier, Att. Proc.
were applicable to the same cause of action; aid p. I355.) rIhe same slun wamrs also forfeited when
the discretion of the prosecutor in selectinlg tile the prosecutor failed to olbtain the voices of a fifth
most preferable of his available remedies was at- of the dicasts in all cases except those brought
tended by results of great importance to himself before the archon that had reference to injury
and the accused. If the prosecutor's speech (camdcwl-s) done to women or orphans; and besides
(tcaq'7yopla), and the evidence adduced- by him, this penalty, a modified disfranchisement, as, for
were insufficient to establish the aggravated cha- instance, an incapacity to bring a similar accusaracter of the wrong in question, as indicated by tion,'was incurred upon several occasions. Upon
the form of action he had chosen, his ill-judged the conviction of the accused, if the sentence were
rigour might be alleged in mitigation of the punish- death, the presiding maggistrate of the court deliment by the defendant in his reply (a&roXoyLa), or vered the prisoner, who remained in the custody
upon the assessment of the penalty after judgment of the Scythlae during the trial, to the Eleven,
given; and if the case were one of those in which whose business it was to execute judgment upon
the dicasts had no power of assessing (rCim/Tov7r hilll. If the punishment were confiscation of proyparph), it might cause a total failure of justice, perty, the demarchs made an inventory of the.and even render the prosecutor liable to a fine or effects of the criminal, which was read in the asother punishment. (Dem. c. Androt. p. 601, c. sembly of the people, and delivered to the poletae,
Meid. p. 523.) that they might make a sale of the goods. and pay