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

732 MARIS. MARTYRIA.
tium x milia quae dolo malo non solvisti ob eamrn (iv. 3. ~ 32) mentions a much larger measure of
rein ego tibi sestertium x milia judicati manns the same name, containing 10 congii, or nearly 8
injicio." The defendant who had been condemned gallons. [P. S.]
in a certain slm, had thirty days allowed him to MARSU'PIUM (goapv~rzrov, eBaXdvrzov), a
make payment in, and after that time he was liable purse. (Non. Marcellus, s. v.; Varro, de Re Rust.
to the manus injectio. The defendant was not iii. 17; Plant. MAlen. ii. 1. 29, ii. 3. 33, 35, v. i.
permitted to make any resistance, and his only 47, Poen. iii. 5. 37, Rud. v. 2. 26; Xen. Conziv.
mode of defence was to find some responsible per- iv. 2.)
son (vindex) who would undertake his defence (pro The purse used by the aneo lege acere). If he found no vindex, the plaintiff cients was commonly a small
might carry the defendant to his house and keep leathern bag, and was often
him in confinement for sixty days, during which closed by being drawn together
time his name and the amount of his debt were at the mouth (odVrr7raa / a- naaproclaimed at three successive nundinae. If no Adi'Vrm, Plat. Conviv. p. 404, ed.
one paid the debt, the defendant might be put to Bekker). Mercury is comdeath or sold. (Gell. xx. 1.) According to the umonly represented holding one
words of the Twelve Tables, the person must be in his hand, of which the anbrought before the Praetor (inl juts), which of course nexed woodcut from an intagmlealns that le must be seized first: if when lio in the Stosch collection at
broaught before the praetor, he did not pay the Berlin, presents an example. [J. Y.]
money (ssi jZudicatZsu solvit) or find a vinldex, he MA'RTIA LE'GIO. [EXERCITUS, p. 492, b.]
might be carried off and put in chains, apparently MARTIA'LIS FLAMEN. [FLAIMEN.]
without the formality of an addictio. The Lex MARTIA'LES LUDI. [LUDI MARrIALES.]
Plblilia, evidently following the analogy of the MARTY'RIA (goapTrptac), signifies strictly the
Twelve Tables, allowed the. manus injectio in the deposition of a witness in a court of justice, though
case of money paid by a sponsor, if the sponsor was the word is applied metaphorically to all kinds of
not repaid in six months. The Lex Furia de testimony. We shall here explain-1, what perSponsu allowed it against him who had exacted sons were competent to be witnesses at Athens;
fiom a sponsor more than his just proportion 2, what was the nature of their obligation; 3, in
(virilis pars). These and other leges allowed the what manner their evidence was given; 4, what
manus injectio ro'0 judicato, because in these cases was the punishment for giving false evidence.
the claim of the plaintiff was equivalent to a claim None but fieemen could be witnesses. The inof a res judicata. Other leges granted the manus capacity of women may be inferred from the geneinjectio pura, that is, non pro judicato, as the Lex ral policy of the Athenian law, and the absence of
Furia Testamentaria and the Marcia adversus any example in the orators where a woman's evifineratores. But in these cases the defendant might dence is produced. The same observation applies
withdraw himself from the manus injectio (1Lanu1nz to minors.
sibi depellere), and defend his cause; but it would Slaves were not allowed to give evidence, unless
appear that he could-only relieve himself from this upon examination by torture (,do-avos). There
seizure, by actually undertaking to defend himself appears to have been one exception to this rule,
by legal means. Accordingly, if we follow the viz., that a slave might be a witnessagainst a freeanalogy of the old law, it was in these cases an man in case of a charge of murder (Antiph. tie
execution if the defendant chose to let it be so; MIorte Her. 728), though Platner (Att. Proc. p.
if he did not, it was the same as serving him 215) thinks this only applied to the giving inforwith process to appear before the Praector. A lex, mation. The party who wished to obtain the evithe name of which is obliterated in Gaius, allowed dence of a slave belonging to his opponent chalthe person seized to defend his own cause except lenged him to give up the slave to be examined
in the case of a'"judicatus," and " is pro quo (.,e? L T-V 8oSxov). The challenge was called
depensun est;" and consequently in the two latter 7rp'icA7zrLs. The owner, if he gave him up, was
cases even after the passing of this lex, a man was said Ecaomvai or rapaoovvam. But he was not
bound to find a vindex. This continued the practice obliged so to do, and the general practice was to
so long as the Legis Actiones were in use; refuse to give up slaves, which perhaps arose from
whence," says Gaius (iv. 25), "in our time a humanity, though the opponent always ascribed it
man cnm quo judicati depensive agitur' is com- to a fear lest the truth should be elicited. The
pelled to give security'judicatur solvi.'" From orators affected to consider the evidence of slaves,
this we may conclude that the vindex in the old wrung from them by torture, more valuable alld
time was liable to pay, if he could find no good de- trustworthy than that of freemen; but it must be
fence to the plaintiff's claim; for as the vindex observed, they always use this argument when the
could " lege agere," though the defendant could not, slave had not been examined. (Demosth. c. Ap)hob.
we must assume that he might show, if he could, 848, c. Onet. 874; Hudtwalcker, Ueber die Didi
that the plaintiff had no ground of complaint; as, teten, p. 44, &c.)
for instance, that he had been paid; and that if Citizens who had been disfranchised (?ijrTwhe had no good defence, he must pay the debt /uEvor) could not appear as witnesses (any more
himself. The subject of the manus injectio is thlan as jurors or plaintiffs) in a court of justice;
discussed by Puchta, Inst. ii. ~ 160, 162, 179, iii. for they had lost all honourable rights and pri~ 269. [G. L.] vileges. (Demosth. c. Neaer. 1353; Wachsmuth,
MAPPA. [MANTELE.] vol. ii. pt. i. p. 244.) But there was no objection
MIARIS (/adpls, Iladp-s, Hesych. uscip''ovo), a to alien freemen. (Demosth. c. Ltcer. 927, 929;
Greek measure of capacity, which, according to Aeschin. de Feals. Leg. 49, ed. Steph.) We learn
Pollux (x. 184) and Aristotle (Iist. An. viii. 9), from Harpocration (s. v. Amcasapvupla) that in acontained 6 cot ylae, or nearly 3 pints. Polyaenus tions against fremen for neglect of duty to their