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On this page: Dicrotum – Dictator

404

DIKE.

render him liable to the penalty of contumacy. (Dem. c. Olymp. p. 1174.) The plaintiff was in this case said ep^/wjp eAeTj/: the defendant, ep-^Tji/

•oQXeiv, si'ktjp being the word omitted in both phrases. If the cause were primarily brought be­fore an umpire (focHTTjTTfc), the anacrisis was con­ducted by him ; in cases of appeal it was dispensed with as unnecessary. The anacrisis began with the affidavit of the plaintiff (TrpooYtotria), then followed the answer of the defendant (^vrta^oaria or forty paty'f} [anti-graphe], then the parties pro­duced their respective witnesses, and reduced their evidence to writing, and put in originals, or authen­ticated copies, sof all the records, deeds, and con­tracts that might be useful in establishing their case, as well as memoranda of offers and requisi­tions then made by either side (TrpoKX^creis). The whole of the documents were then, if the cause took a straight-forward course (et»0y8z/cfa), enclosed on the last day of the anacrisis in a casket (e'x«/os), which was sealed and entrusted to the custody of the presiding magistrate, till it was produced and opened at the trial. During the interval no alteration in its contents was per­mitted, and accordingly evidence that had been discovered after the anacrisis was not producible at the trial. (Dem. c. Boeot. i. p. 9$9.) In some causes, the trial before the dicasts was by law ap­pointed to come on within a given time ; in such as were not provided for by such regulations, we may suppose that it would principally depend upon the leisure of the magistrate. The parties, how­ever, might defer the day (/cupia) by mutual con­sent. (Dem. c. Phaen. p. 1042.) Upon the court being assembled, the magistrate called on the cause (Platner, Process und Klayen, vol. i. p. 182), and the plaintiff opened his case. At the commence­ment -of the speech, the proper officer (6 sfi u'Swp) filled the •clepsydra with water. As long as the water flowed from this vessel, the orator was per­mitted to speak ; if, however, evidence was to be read by the officer of the court, or a law recited, the water was stopped till the speaker recommenced. The quantity of water, or, in other words, the length of the speeches, was not by any means the same in all causes: in the speech against Macartatus, and elsewhere, one amphora only was deemed sufficient; eleven are mentioned in the impeach­ment of Aeschines for misconduct in his embassy. In some few cases, as those of /ca/c&xm, according to Harpocration, no limit was prescribed. The speeches were sometimes interrupted by the cry Kardga—" go down," in effect, " cease speaking"

— from the dicasts, which placed the advocate in a serious dilemma ; for if after this he still per­sisted in his address, he could hardly fail to offend those who bid him stop ; if he obeyed the order, it might be found, after the votes had been taken, that it had emanated from a minority of the dicasts. (Aristoph. Vesp. 973.) After the speeches of the advocates, which were in general two on each side, and the incidental reading of the docu­mentary and other evidence, the dicasts proceeded to give their judgment by ballot. [psephos.]

When the principal point at issue was decided in favour of the plaintiff, there followed in many cases a further discussion as to the amount of damages, or penalty, which the defendant should pay. [TiMJEMA.] The method of voting upon this question seems to have varied, in that the dicasts Used a small tablet instead of a ballot-ball, upon

DICTATOR.

which those that approved of the heavier penalty drew a long line, the others a short one. (Aristoph. Vesp. 167.) Upon judgment being given in a pri­vate suit, the Athenian law left its execution very much in the hands of the successful party, who was empowered to seize the movables of his antagonist as a pledge for the payment of the money, or insti­tute an action of ejectment (e^ouArjs) against the refractory debtor. The judgment of a court of dicasts was in general decisive (8i/c?7 avroreA-fc) ; but upon certain occasions, as, for instance, when a gross case of peijury or conspiracy could be proved by the unsuccessful party to have operated to his disadvantage, the cause, upon the conviction of such conspirators or witnesses, might be com­menced de novo. [appellatio (greek).] In ad­dition to which, the party against whom judgment had passed by default, had the power to revive the cause, upon proving that his non-appearance in court was inevitable (rfyv eprjjtojj/ di/nAaxeiV, Platner, Process und Klagen, vol. i. p. 396) ; this, however, was to be exercised within two months after the original judgment. If the parties were willing to refer the matter to an umpire (5icu-ttjttjs), it was in the power of the magistrate to transfer the proceedings as they stood to that officer ; and in the same way, if the diaetetes con­sidered the matter in hand too high for him, he might refer it to the etVaywyefo, to be brought by him before an heliastic court. The whole of the proceedings before the diaetetes were analogous to those before the dicasts, and bore equally the name of si/ctj : but it seems that the phrase avrtAaxew rty fjd) ov&av is peculiarly applied to the revival of a cause before the umpire in which judgment had passed by default.

The following are the principal actions, both public and private, which we read of in the Greek writers, and which are briefly discussed under their several heads : —

AiKrj or rpcwpTj — 'Afo/ct'ay /rpbs r'bv 'Ayewpyiov : 3Aypa<f)iov : 'Aypdtyov AtKiasi *A\oyiov: 'Aju^Awcrews : yAfj,€\iov: 'Az/a-ywyrjs : 5A*/cw/*axiou : 'ArSpaTroSi^oD : 'A^Spa-ir68a>v ; 'ATraTTjcrews rov sti/jlov : 'AtyopfJLrjs : 'Airo-Aefyecos : 'ATroTre/^/ecoy : ^AiroffraffiGV : sA7rpo<rTa-ffiov: 'Apyiasi'Apyvpiov: 'AtreSefas: 'Affrpareias: Auro/xoAia'S : AyroreA^s : Begaiwcrews : Bic«W : B\d§rjs : "BovXevffecos : Katcyyopias : Kate Screws ; ; Kdpirov : KaraKvcrecos rov brjfj.ov : : Xpeovs : Xwpiov : kaottt/s : Ae/cacr-Awpwv : Awpot-evias : *Eyyv?js : ptTjpa/sx'^aaTos : 'ETrirpoirris : 5E|a-ycoyrjs: 'Elatpecrecos* 5E£ovA7js: 'Aprro^Tjs: Ejpy/xoO: 'Ercup^o-ews : 'lepotryAias : lnCTro€o\r)s : "T^pews : Aenro(uapTupt'oy : Aenrovavriov : AeiTrocrrpcm'ov ; MicrBov : MicrOcucrecos oV/cou : Mot-aTOsSmc^flopas: Ouaas: Flapa/cara-: Hapavoias : Tlapavo^wv :

: <p0opas tu>v eAeufle'pw*/ : Ilpoa-ycoyids : Tlpofiocrias : Tlpoeicrfyopas : TipoiKos :

Aatcoz/, of ^vvQj]Kcav irapa€d(Tews : Tpauuaros e'/c irpovoias : Tvpavvidos. [J. S. M.j

DICROTUM. [NAvis.]

DICTATOR, an extraordinary magistrate at Rome. The name is of Latin origin, and the of­fice probably existed in many Latin towns before it was introduced into Rome (Dionys. v. 74). We