(in important political trials) various multiples of 500, namely, 1000, 1500, 2000 or 2500. To some of these numbers one juror is added; it was probably added to all, to obviate the risk of the votes being exactly equal.
The evidence as to the organization of the jurors in the early part of the 4th century is imperfect. Passages in Aristophanes (Ecclesiazusae, 682–688; Plutus, 1166 f.) imply that in 392–388 B.C. the total number was divided into ten sections distinguished by the first ten letters of the Greek alphabet, A to K. Every juror, on his first appointment, received a ticket of boxwood (or of bronze) bearing his name with that of his father and his deme, and with one of the above letters in the upper left-hand corner. Of the bronze tickets many have been found (see notes on Aristotle’s Constitution of Athens, c. 63, and fig. 1 in frontispiece, ed. Sandys). These tickets formed part of the machinery for allotting the jurors to the several courts. To guard against the possibility of bribery or other undue influence, the allotment did not take place until immediately before the hearing of the case. Each court contained an equal number of jurors from each of the ten tribes, and thus represented the whole body of the state. The juror, on entering the court assigned him, received a counter (see fig. 3 in frontispiece, u.s.), on presenting which at the end of the day he received his fee. The machinery for carrying out the above arrangements is minutely described at the end of Aristotle’s Constitution of Athens (for details, cf. Gilbert, 397–399, Eng. trans., or Wyse in Whibley’s Companion to Greek Studies, 387 f.).
The law-courts gradually superseded most of the ancient
judicial functions of the council and the assembly, but the
council continued to hold a strict scrutiny (δοκιμασία)
of candidates for office or for other privileges, while
the council itself, as well as all other officials, had to
Jurisdiction of the council and assembly.
Eisangelia.
give account (εὔθυνα) on ceasing to hold office. The
council also retained the right to deal with extraordinary
crimes against the state. It was open to any
citizen to bring such crimes to the knowledge of the council in
writing. The technical term for this information, denunciation
or impeachment was eisangelia (εἰσαγγελία). The
council could inflict a fine of 500 drachmae (£20), or,
in important cases, refer the matter either to a law-court,
as in the trial of Antiphon (Thuc. viii. 68), or to the
ecclesia, as in that of Alcibiades (415 B.C.), and the strategi in
command at Arginusae (406; Xen. Hell. i. 7. 19). The term
εἰσαγγελία was also applied to denunciations brought against
persons who wronged the orphan or the widow, or against a public
arbitrator who had neglected his duty (Dem. Meidias, 86 f.).
A “presentation” of criminal information (προβολή) might be laid before the assembly with a view to obtaining its preliminary sanction for bringing the case before a judicial tribunal. Such was the mode of procedure adopted against persons who had brought malicious, groundless Probolē. or vexatious accusations, or who had violated the sanctity of certain public festivals. The leading example of the former is the trial of the accusers who prompted the people to put to death the generals who had won the Battle of Arginusae (Xen. Hell. i. 7. 34); and, of the latter, the proceedings of Demosthenes against Meidias.
Legal actions (δίκαι) were classified as private (ἴδιαι) or public (δημόσιαι). The latter were also described as γραφαί or “prosecutions,” but some γραφαί were called “private,” when the state was regarded as only indirectly injured by a wrong done to an individual citizen (Dem. xxi. 47). Classes of legal actions. A private suit could only be brought by the man directly interested, or, in the case of a slave, a ward or an alien, by the master, guardian or patron respectively; and, if the suit were successful, the sum claimed generally went to the plaintiff. Public actions may be divided into ordinary criminal cases, and offences against the state. As a rule they could be instituted by any person who possessed the franchise, and the penalty was paid to the state. If the prosecutor failed to obtain one-fifth of the votes, he had to pay a fine of 1000 drachmae (£40), and lost the right of ever bringing a similar action.
Lawsuits, whether public or private, were also distinguished as δίκαι κατά τινος or πρός τινα, according as the defeated party could or could not be personally punished. Actions (ἀγῶνες) were also distinguished as ἀγῶνες τιμητοί (“to be assessed”), in which the amount of damages had to be determined by the court, because it had not been fixed by law, and ἀτίμητοι (“not to be assessed”), in which the damages had not to be determined by the court, because they had already been fixed by law or by special agreement.
Among special kinds of action were ἀπαγωγή, ἐφήγησις and ἔνδειξις. These could only be employed when the offence was patent and could not be denied. In the first, the person accused was summarily arrested by the prosecutor and haled into the presence of the proper official. In the second, the accuser took the officer with him to arrest the culprit (Dem. xxii. 26). In the third, he lodged an information with the official, and left the latter to effect the capture. Φάσις, a general term for many kinds of legal “information,” was a form of procedure specially directed against those who injured the fiscal interests of the state, and against guardians who neglected the pecuniary interests of their wards. Ἀπογραφή was an action for confiscating property in private hands, which was claimed as belonging to the state, the term being derived from the claimants’ written inventory of the property in question.
The ordinary procedure in all lawsuits, public or private, began with a personal summons (πρόσκλησις) of the defendant by the plaintiff accompanied by two witnesses (κλητῆρες). If the defendant failed to appear in court, these witnesses gave proof of the Ordinary legal procedure. summons, and judgment went by default.
The action was begun by presenting a written statement of the case to the magistrate who presided over trials of the class in question. If the statement were accepted, court-fees were paid by both parties in a private action, and by the prosecutor alone in a public action. The magistrate fixed a day for the preliminary investigation (ἀνάκρισις), and, whenever several causes were instituted at the same time, he drew lots to determine the order in which they should be taken. Hence the plaintiff was said “to have a suit assigned him by lot” (λαγχάνειν δίκην), a phrase practically equivalent to “obtaining leave to bring an action.” At the ἀνάκρισις the plaintiff and defendant both swore to the truth of their statements. If the defendant raised no formal protest, the trial proceeded in regular course (εὐθυδικία), but he might contend that the suit was inadmissible, and, to prove his point, might bring witnesses to confront those on the side of the plaintiff (διαμαρτυρία), or he might rely on argument without witnesses by means of a written statement traversing that of the plaintiff (παραγραφή). The person who submitted the special plea in bar of action naturally spoke first, and, if he gained the verdict, the main suit could not come on, or, at any rate, not in the way proposed or before the same court. A cross-action (ἀντιγραφή) might be brought by the defendant, but the verdict did not necessarily affect that of the original suit.
In the preliminary examination copies of the laws or other documents bearing on the case were produced. If any such document were in the hands of a third person, he could be compelled to produce it by an action for that purpose (εἰς ἐμφανῶν κατάστασιν). The depositions Documents. were ordinarily made before the presiding officer and were taken down in his presence. If a witness were compelled to be absent, a certified copy of his deposition might be sent (ἐκμαρτυρία). The depositions of slaves were not accepted, unless made under torture, and for receiving such evidence the consent of both parties was required. Either party could challenge the other to submit his slaves to the test (πρόκλησις εἰς βάσανον), and, in the event of the Challenges. challenge being refused, could comment on the fact when the case came before the court. Either party could also challenge the other to take an oath (πρόκλσις εἰς ὄρκον), and, if the oath were declined, could similarly comment on the fact.
