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

MARTYRIA. MARTYRIA. a733
patrons (7rooT'aaiov i8tcaL) foreigners were not al- to -give, or thought he might give, at the trial. For
lowed to put in an affidavit, that the action was all testimonial evidence was required to be in -writnot maintainable (/j E'4TraOyWylqov eeTa). But this in, in order that there might be no mistake about
call hardly be considered an exception, for such the terms, and the witness might leave no subteraffidavits gave an undue advantage to the party. fuge for himself when convicted of falsehood.
for whom they were made. (Demosth. c. Steph. 1115, 1130.) The a&vdKpe-s
Neither of the parties to a cause was comptent might last several days, and, so long as it lasted,
to give evidence for himself, though each was com- fresh evidence might be brought, but none could
pelled to answer the questions put by the other. be brought after the last day, when the box Awas
The law declared.'rov,'ts roiaLow, l'raaYicS eteal sealed by the magistrate, and kept so by him till
&wrocpltvaOaL &AXAAlols'rb EpwcTc/Icevov,!iaprVpe7v the day of trial. (Demosth. c. Alp/sob. 836, c. Boeot.
6E/ 4I. (Demosh. c. Steph/. 1131.) That the friends de No1V. 999, c. Eueeg. et Mitnes. 1143, c. Conzon.
of the party, who pleaded for him (called avvs(yo- 1265.)
pol), were not incompetent to give evidence, ap- The form of a deposition was simple. The folpears from the fragment of Isaeus, pro Euphil., and lowing example is from Demosthenes (c. Leacir.
also from Aeschines, who, on his trial for miscon- 927):- " Archenomides son of Archedamas of
duct in the embassy, calls Phocion to assist him Anagyrus testifies, that articles of agreement were
both as a witness and an advocate. (De Fals. Leg. deposited with him by Androcles of Sphettus,
pp. 51, 53, ed. Steph.) Nausicrates of Carystus, Artemon and Apollodorus
The obligation to attend as a witness, both in both of Phaselus, and that the agreement is still ill
civil and criminal proceedings, and to give such his hands." Here we must observe that whenevidence as he is able to give, arises out of the ever a document was put in evidence at the trial,
duty which every man owes to the state; and as an agreement, a will, the evidence of a slave, a
there is no reason to believe that any persons (ex- challenge, or anl answer given by either party at
cept the parties themselves) were exempted from the XdeacpmotLs, it was certified by.a witness, whose
this obligation. The passages which Platner (Att. deposition was at the same time produced and
Proc. p. 217) and Scholmann (Att. Proc. p. 67]) read. (Demosth. prso P/horm.- 946, 949, 957, c.
cite in support of the contrary view, prove nothing Phaenzipp. 1046, c. Step/h. 1120.)
more than that the near relations of a party were The witness, whether he had attended before'.eluctcat to give evidence against him; whereas the the magistrate or not, was obliged to be present at
fact that they were bound by law to give evidence the trial, in order to confirm his testimony.'luhe
may be-inferred from Demosthenes (c. Aphob. 849, only exception was, when he w:as ill or out of the
850, 855). country, in which case a commission might be sent
The party who desired the evidence of a wit- to examine him. [Ecn-ARTYvIA,.] All evidence
ness, summoned him to attend for that purpose. was produced by the party during his own speech,
The summons was called w7rp'ocAXrlrLs. (Demostli. the KIeCAvapa being stopped for that purpose.
c. Timotls. 1194.) If the witness promised to (Isaeus, de Pyrr. her. 39, ed. Steph.; Demosth. c.
attend and failed to do so, he was liable to an Eubull. 1305.) The witness was called by an
action called atfmj hAstrotapTrvpiou. Whether he officer of the court, and mounted on the raised
promised or not, he was bound to attend, and if platform (,/3B1a) of the speaker, while his deposihis absence caused injury to the party, he was tion was read over to him by the clerk; he then
liable to an action (8iKc1 3Ahaid~s). This is the signified his assent, either by express words, or
probable distinction between these forms of action, bowing his head in silence. (Lys. de Er1atos. Alort.
as to which there has been much doubt. (Meier 94, ed. Steph.; Aesch. de Fals. Leg. 49, ed. Steph.;
and Schbmann, Alt. Proc. p. 387; Platner, Att. Demosth. c. ill/id. 560, c. P/te1r1. 913, c. Steph/.
Proe. p. 221.) 1109. c. Eubul. 1305.) In the editions that we
The attendance of the witness was first required have of the orators we see sometimes IMapTvpia
at the av'rcpotus, where he was to make his deposi- written (when evidence is produced) and sometion before the superintending magistrate ('yey&/,v times MapTrv.ps. The student must not be de,
8tKaeor'?ptov). The party in whose favour he ap- ceived by this, and suppose that sometimes the
peared, generally wrote the deposition at home deposition only was reld, sometimes the witnesses
upon a whitened board or tablet (AeXevKuspEroov thenlselves were present. The old editors merely'ypa/reuaTEaov), which he brought with him to the followed the lanlguage of the orators, who said
magistrate's office, and, when the witness had de- " call the witnesses," or " mount ulp witnesses," or
posed thereto, put into the box (Xylvoe) in which " the clerk shall read you the evidence " or someall the documents in the cause were deposited. If thing to the same effect, varying the expression
the deposition were not prepared beforehand, as according to their fancy. (See Lys. pr'o lllanti/tl.
must always have been the case when the party 147, ed. Steph.; Isaeus, de Pylre. Iher. 45, ed.
was not exactly aware what evidence would be Steph.; Demosth. c. Callipp. 1236, c. Necer.
given, or when any thing took place before the 13,52.)
magistrate which could not be -foreseen, as for in- If the witness was hostile, he was required
stance a challenge, or question and answer by the either to depose to the statement read over to him,
parties; in such a case it was usual to write down or to take an oath that he knew nothing about it
the evidence upon a waxen tablet. The difference (laprvpeT, i i~ops'ety). One or the other he
between these methods was much the same as be- was compelled to do, or if he refused, he was sentween writing with a pen on paper, and with a tenced to pay a fine of a thousand drachms to the
pencil on a slate; the latter could easily be rubbed state, which sentence was immediately proclaimed
out and written over again if necessary. (Denlosth. by the officer of the court, who was commanded
C. St2eph. 1] 32.) If the witness did not attend, KEV'EbstsV or EKKAhrcu-eLeE avroh'V, i. e. to give himin
his evidence was nevertheless put into the box, notice that he was in contempt and had incurred
that is, such evidence as the party intended inm [ the fine. (Demosth. c. Aphob. 850, c. Ncaer. 1373,