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

PROBOLE. PROBOLE. 9 59
mnent of the assembly, the parties proceeded to and even upon aslave, much more upon a magistrate
trial in the usual manner. The court before whom or officer engaged in superintending the performance;
they appeared, however influenced they might be an attempt to imprison by legal process, and even
by the praejadiciunz of the people, were under no a levying of execution upon the goods of a debtor,
legal compulsion to abide by their decision; and during the continuance of the festival, was held to
on the other band it is not improbable that if the be a profanation of its sanctity, and to subject the
people refused to give judgment in favour of the offender to the penalties of these statutes. For
complainant, he might still proceed against his ad- any such offence complaint was to be made to the
versary by a y'paqp, or a private action, according Prytanes (i. e. thle Proedri), who were to bring forto the nature of the case. (Platner, Proc. uosd Kll. ward the charge at an assembly to be held soon
vol. i. p. 382.). after the festival in the theatre of Dionysus. The
The cases to which the wrpoCohX was applied defendant was to be produced before the assembly.
were complaints against magistrates for official mis- Both parties were heard, and then the people proconduct or oppression; against those public in- ceeded to vote by show of hands. Those who
formers and mischief-makers who were called ovisco- voted in favour of the prosecution were said tcaTacpavraL; against those who outraged public decency XelpoTover7, those who were -against it &7roXEtpoat the religious festivals; and against all such nas -ovEL, The complainant was said.rpoCgaAAEo-a
by evil practices exhibited disaffection to the state. vr' &a KoDv7'r, and the people, if they condemned
(Tiarpoc. and Suidas, s. v. Ka'ra-XEpo'rovla; Pollux, him, 7rpoKcaTayo~,vat. (Demosth. c. llid. 578, 583,
viii. 46; Aesch. de Fals. Le.. 47; Isocr. 7repi 586.)
arTL8. 344, ed. Steph.) Some difficulty has arisen in explaining the folWith respect to magistrates, Schbmann (de Coi;zit. lowing words in the law above referred to: - qia
p. 231) thinks that the rpoCoXai could only be IrpooAa&r vrapal8~woeav uoeat'a y IAl E'KTE-O'iyveaL
brought against them at those ENIXelpoTrovLat -which couav. Platier (Proc. zzd ll. vol. i. p. 384) and
were held at the first Kvp&a ieKKXh fia in every Pry- Schllmann (de Cor. p. 238) suppose that by these
taneia, when the people inquired into the conduct of words the Prytanes are commanded to bring before
magistrates, with a view to continue them in office the people those complaints, for which satisfaction
or depose them, according to their deserts. An has not been made by the offender to the proseexample of magistrates being so deposed occulrs in cuter; and, to show that a compromise would be
D:)emosth. c. Thteocr. 1330. The people(says Scho- legal, Platner refers to Demosthenes, c. Aliid. 563,
mann) could not proceed to the 7rLXElpo'TovLa ex- 5O3; to which we may add the circumstance that
cept on the complaint (7rpoCokXl) of some individual; Demosthenes is said to have compromised his charge
the deposed magistrate was afterwards brought to agailst Meidias for a sum of imoney. Meier (Alt.
trial, if the accuser thought proper to prosecute the P roc. p. 275) explains it thus: that the Prytanesmatter further. There appears, however, to be no (or rather Proedri) were to bring before the people
authority for,limiting the mrpogoAl against mamrri- all the 7rpofoXaf, except those of a trifling chastrates to these particular occasions; -ad otiher rcter, for which they -were themselves emopowered
w-riters have not agreed with Schuimann on this to impose a fine. (As to the power of fining see
point. (Platner, Proc. zlnd Kll. vol. i. p. 385; t1t., Proc. p. 34.) If we suppose the complaint to
Meier, A4tt. Proc.. p. 273.) take the name of 7rpogoXl upon its being presented,
An example of a orpogoAx against Sycophants is to the Proedri, the expression ElCTrerteOe'pEv7 irpofom'l
that which the people, discovering too late their w -ill cause no difficulty; for as aLKV TtvetV' signifies
error in putting to death the generals who -gained to pay the damages awarded in asn action, so 7rpothe battle of Arginusae, directed to be brought oXh'V T-'IeSV may signify, to pay the fine imposed
against their accusers. (Xen. Hell. i. 7. ~ 39.) by the magistrates before whom the charge was
Another occurs in Lysias (c. A4qo'at. 135, ed. brought; and 7rpoCoAXlq is not used improperly for
Steph.), where the words ov;AAW7s~v rai'raes`Kal Er,~oA1vJ, any more than a8/',c is for Trlcytya in the
fv tp l r&'I I. seal c', icarrspl ovmocpaPvrm'as other case. Perhaps there is more force in amnother
ca'e'yvcore, describe the course of proceeding objection urged by Platner, viz., that (according to
in this method of prosecution. (Schbmann, de this interpretation) the not bringing the case before
C'Gon. p. 234.). the assembly is malde to depend on the izon-playThose who worked the public mines clandes- vlent, and not (as might have been expected) on
tinely, and those lwho were guilty of peculation or the iinosition of the fine.
embezzlement of the public money, were liable to The people ha-vilig given their sentence for the
a 7rpo~oX-i. A case of enibezzlement is referred to prosecution, the case was to be brought into the
by Demosthenes c. 1Aiid. 584. (Schiimann, 1. c.; court of Heliaea. In certain cases of a serious
Platner, Pr'oc. tend 1l7. vol. i. p. 381.) iature the defendant might be required to giv-e
But the zrpofoXj which has become nmost cele- bail for his appearance, or (in default thereof) go
brated, owing to the speech of Demosthenes against to prison. (Meier, ltt. P1-oc. p. 276.) The persons
Meidias, is that which was brought for miisbeha- onl whom devolved the iyEg.ovia asaorv7'lpmov were,
viour at public festivals. We learn frionl the laws according to Pollux (viii. 87), the Thesmlothetae.
cited in that speech (517, 518, 571) that 7rpooASa Meier (I. c.) thinks this would depelid on the
were enjoined against any persons who, at the nature of the cause, and that upon a charge for the
Dionysian, Thargelian, or Eleusinian festival (andc profanation of a festival, the cognizance would bethe same enactmenlt was probably extended to long to such of the three superior archons as had
other festivals), had been guilty of such an offence the superintendence thereof. This would (no
as would fall within the description of &o-eEta doubt) follow from the ordilnary principles of Atheirel Eops-',. A riot or disturbance during the nian jurisprudence; but it may be conceived that
ceremony,:an assault, or other gross insult or ont-, the extraordinary nature of the complaint by lrporage, committed uponl any of the performers or i CoAI might take it out of the common course of
spectators of the games whether-ciltizein or foreigner, practice. -(Platner p; 3850.) The dicasts lhad to.pro