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On this page: Epfbole – Epiblema

EPIBOLE.

longs to the earlier state of Greek naval tactics, when victory depended more on the number and prowess of the soldiers on board than on the manoeuvres of the seamen (Thuc. i. 49) ; and it was in this very point that the Athenians improved the system, by decreasing the number of eTngarcu, and relying on the more skilful management of their vessels."

The epibatae were usually taken; from1 the Thetes, or fourth class of Athenian citizens (Thuc. vi. 42) ; but on one occasion, in a season of extraordinary danger, the citizens of the higher! classes (e/c KaraXoyov) were compelled to serve as epibatae. (Thuc. viii. 24.)

The term is sometimes also applied by the Ro­man writers to the marines (Hirt.. de Bell. Aleoc. 11, de Bell. Afric. 63) ;. but they are more usually called classiarii milites. The latter term, however^. is also applied to the rowers or sailors as well: as the marines (dassiariorum remigio veM^ Tac..-<4wz. xiv. 4).

EPIBLEMA (M€\TifJLa). [amictus.]

EPFBOLE (eVigoAi?), a fine imposed by a magistrate, or other official person or body, for a misdemeanour. The various magistrates at Athens had (each in his own department) a summary penal jurisdiction ; i.e. for certain offences they might inflict a pecuniary mulct or iine, not exceeding a fixed amount; if the offender deserved further punishment, it was their duty to bring him before a judicial tribunal. Thus, in case of an injury done to orphans or heiresses, the archon might fine the parties, or (if the injury were of a serious nature) bring them before the court of Heliaea. (Dem. c. Macart. p. 1076^) Upon any one who made a disturbance, cr otherwise misbehaved himself in the public assembly, the proedri might impose a fine of fifty drachms, or else bring him for condign punish­ment before the senate of 500, or the next as­sembly. (Aesch. c. Timar. 35, Bekk.) The senate of 500 were competent to fine to the extent of 500 drachms. (Dem. c. Euerg. and Mnes. p. 1152; see also Dem. c. Mid. p. 572.)

The magistrate who imposed the fine- (em§o\V e7rega\e) had not tlie charge of levying.;it, but was obliged to make a1 return thereof to tlte treasury officers (eTnypac^eiz/ or eyypd<f>€W ro'tsTrpdtcTopo'ii', or 677/>a<peiv Tip s^uoctidj), whereupon,, like all other penalties and amerciaments, it became (as we should say) a debt of record, to be demanded or recovered by the collectors. (Aesch. c. Timar. I. c.; Dem. c. Nicest, p. 1251.) If it were made pay­able to the fund of a temple?,it was collected by the functionaries who had the charge of that fund (ra/xicu). There might (it seems) be an appeal from the sentence of the magistrate to a jury or superior court. (Meier, Ait. Proc. pp. 32, 34, 565; Schomann, Ant'..Jur. Pub. G^'aec. pp. 242, 293.)

As under the old Roman law no magistrate could impose a fine of more than two oxen and thirty sheep, so by the laws of Solon fines were of very small amount at Athens. How greatly they in­creased afterwards (as money became more plentiful, and laws more numerous), and how important a branch they formed of the public revenue, may be seen from the examples collected by Bb'ckh, Pub. Econ. of Athens, p. 375, &c., 2nd ed.

These epibolae are to be distinguished from the penalties awarded by a jury or court of law (rtfj.^-jtctTa) upon a formal prosecution. There the ma­gistrate or other person who instituted the pro-

EPICLERUS. 467

ceeding (for any one might prosecute, Karr}yopeiv\ was said Ti/u^/ia eTrrypavJ/acrflai, as the court or jury were said Ti^ai/, " to assess the penalty," which always devolved upon them, except where the penalty was one fixed by law (e« t&v vo^v eVt/cei^eVi] <^/xm)9 in which case it could not be altered. (Aesch-. Tlepl Ilapag. 14, Bekk. ; Dem. c: Theocr. p. 1328 ; Haspocr.. s. v. 'Arl^ros *y&v.} [C. R. K.]

EPI€HEIROTO'N1 A (^Trix^orovia}. [CHEi-

ROTONIA.j

EPI-CLE'RUS (e57n/cA77pos, heiress), the name given.to the daughter of an Athenian citizen, who had no son to inherit his estate. It was deemed an object of importance at Athens to preserve the family name and property of every citizen. This was effected, where a man had no child, by aofop-tion (elcriro'nicris) ; if he had- a daughter* tfee in­heritance was transmitted through her to a grand­son, who would take the name of the maternal ancestor. If the father died intestate, the laeiress had not the choice of a husband,, but was b&mnd to marry her nearest relation, not in the ascending line. Upon such person; making: his claihu before the archon, whose duty it was eTrtyieAeltrflcu t&v

€TrLK\i]pU>V Kal TWV tfiKtoV TUfV e^pfl^OVf^ivWP

(Dem. c. Macart. p. 1076), public notice was given of the claim ; and if no one appeared to dispute it, the archon adjudged<the heiress to him (eTreSi'/cacrep* aura- t}]v €irlK\rjpov). If another claimant ap­peared (cLfj,<pL(T€7iTGiv avrtp TTJs eiriK.], a court was held for the decision of the right (8m5(/ca<na rrts eVi/c..), which was determined according to the Athenian law of consanguinity (yevovs /car3 ay-Xi(TT6taj/.) Even where a woman was already married, her husband was obliged to give her up to a man with a better title/; and men often put away their former wives in order to marry heir­esses. (Dem. c. Onet. argum., c. Eubul. p. 13,11 ; Isaeus, De Pyrr. Hered. pv 78.)

A man without male issue might bequeath his property; but if he had a daughter, the devisee was obliged to marry her. (Isaeus, De Arist Hered. p. 19..) If the daughter was poor, and the nearest relative did not choose to marry her, he was bound to give her a portion corresponding to his own for­tune. (Dem. c. Macart. p. 1067.)

The husband of an hs-jress took her property until she had a son of full age (en-l Sieres ^£7]-aavra\ who was usually adopted into his maternal grandfather's family, and took possession of the estate. He then became his mother's legal pro­tector (/cupios), and was bound to find her main­tenance (o-?to^). If there were more- sons, they shared the property equally. (Isaeus, De Pyrr. Hered. p. 59, De Cir. Hered. p. 40 ; Dem. c.Steph. pp., 1134, 1135.)

When there was but one daughter, she was called eiri/tr/Vfjpos ctti iravrl t<£ otkoj. If there were more they inherited equally, like our co-parceners ; and were severally married to relatives, the nearest having the first choice. (Andoc. De Myst. p. 117, &c.;. I:saeus,.Zte Cir. Hered. pp. 57,58.) Illegitimate sons did not share with the daughter, the law being i/odc? ^ elvat ayxKrTeiav jUTjfl1 /epw*' jti^0' oa-itov. (Dem. g. MacarL p» 1067 ; Aristoph. Avcs9 1652:.)

The heiress was under the special protection of the archon ; and if she was injured by her husband or relatives, or by strangers ejecting her from her estate, the law .gave a criminal prosecution against

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