Scanned text contains errors.
072 PSEUDOCLETEIAS GRAPHE.
O6yypa<p?i<>. It would lie' also, where a man was registered as debtor for more than was really due from him. And the reader must understand the like remedy to be open to one, who was falsely recorded as a debtor by the racial t&v &€$>v. Whether this form of proceeding could be adopted against magistrates for making a false return, or whether the remedy against them could only be at the €7ri%eipoTOjncu or eufluvcu, we cannot say. The ypafyfy tj/et><5e77pa(£f}s was brought before the Thesmothetae. If the defendant was convicted, the name of the complainant was struck out of the register, - and that of the defendant was entered in his stead, as debtor for the same amount. The ypcupfy j8oi»A€U(7€cos was similar to this ; only it lay in those cases where a man, who had been a state debtor, had paid all that was due, but his name •\va,s not erased, or having been erased, was re-entered. We may presume, that fraudulent or malicious motives were necessaty to be proved on-such a charge ; but it is reasonable also to suppose that in any case of gross negligence, fraud or malice might (as matter of course) be presumed by the dicasts. (Pollux, viii. 40, 43 ; Harpoc. and Suid. s. vv. BouAeucreco.?, \tytvt5 €yypa(pffi, x^/euSey-ypatpos Siitri ; Bockh, Publ. Econ. of Athens, pp. 349, 390, 2cl ed. ; Meier, Att. Proe. p. 337 ; Platner,jFVoc. und Klag. vol. ii. p. 117.) [C. R. K.] PSEUDOCLETEIAS GRAPHE (ij/6u5o-ttArjreias 7pacf>7])5 a prosecution against one, who had appeared as a witness (/cA^TTjp or KA'/jr<wp) to prove that a defendant had been duly summoned, and thereby enabled the plaintiff to get a judgment by default. To prevent fraud, the Athenian law directed that the names of the witnesses who attended the summons should be subscribed to the bill of plaint or indictment (^/cA^ua), so that the defendant, if he never had been summoned, and judgment had nevertheless been given against him by default, might know against whom to proceed. The false witness (KA^T'^p) was liable to be criminally prosecuted, and punished at the discretion of the court. Even death might be inflicted in a case of gross conspiracy. (Demosth. c.. Nicost. 1252.) A person thrice convicted of this offence was, as in the case of other false testimony, ipso jure disfranchised ; and even for the first offence the jury might, if they pleased, by a Trpocrn/.ajcm inflict the penalty of disfranchisement upon him. (Ancloc. de Myst. 10, ed. Stcph. ; Meier, de Bon. Damn. p. 125.) Here we may observe this distinction, that the proceeding against the false witness to a summons was of a criminal nature, while the witness in the cause (/.caprup) was liable only to a civil action. The cause might be that the former offence was more likely to do mischief. The magistrate, before whom the defendant neglected to appear, when by the evidence of the witness it was shown that he had been duly summoned, had no discretion but to pronounce judgment against him ; whereas the dicasts, to whom the witness gave false evidence at the trial, might disbelieve him and find their verdict according to the truth. If the fraud was owing to a conspiracy between the plaintiff and the witness, it is probable that an action at the suit of the defendant would lie against the former, to recover compensation ; for, though the conviction of the witness would lead to a reversal of the judgment, still he (the defendant) might have suffered damage in the meantime, which the setting aside of the judgment would not
repair. Such action (it has been conjectured) might be a Sixt] (rvKotyavrias, or perhaps /ca/corcx-vi&v. If the name of the witness had been fraudulently used by the plaintiff, and the witness had thereby been brought into trouble, we may conclude, by analogy to the case of other witnesses, that he had a o'ucrj j8Aag?js against the plaintiff. (Demosth. c. Aphob. 849.) The ypafyfy tyevSo-KA7]T€tas came before the Thesmothetae, and the question at the trial simply was, whether the defendant in the former cause had been summoned or not. (Platner, Proc. und Klag. vol. i. p. 417 ; Meier, Att. Proc. pp. 336, 577, 758.) [C. R. K.]
PSILI (4/iAoi). [ARMA.]
PSYCTER (xJ/uKTTjp, dim. ^vKTripio'iov}, a wine-cooler. (Plat. Conviv. p. 332, d ; Tim. Lex. Plat, s.v. ; Menander, p. 177, ed. Meineke ; Athen. xi. pp. 469, 502, 503.) The vessel specially adapted for this operation, was sometimes made of bronze (Athen. iv. p. 142) or silver (v. p. 199). One of earthenware is preserved in the Museum of Antiquities at Copenhagen. It consists of one deep vessel for holding ice, which is fixed within another for holding wine. The wine was poured in at the top. It thus surrounded the vessel of ice and was cooled by the contact. It was drawn off so as to fill the drinking-cups by means of a cock at the bottom. Thus the ^'VKr^p was a kind of chater ; and accordingly, where Phylarchus (ap. Athen. iv. p. 142) in describing the mode of life of Cleomencs, King of Sparta, uses the former term, Plutarch (Cleom. p. 1486, ed. Steph.) adopts the latter.
The size of the ^uicTi]p was very various. It contained from 2 quarts (Plat. /. c.) to a great number of gallons. (Athen. v. p. 199, d. f.) It was sometimes given as a prize to the winners in the game of the cottabos. [J. Y.]
PUBES, PUBERTAS. [curator ; im-pubes ; in pans.]
PUBLICANI, farmers of the public revenues of the Roman state (vectlgalia). Their name is formed from publicum, which signifies all that belongs to the state, and is sometimes used as synonymous with vectigal. (Dig. 39. tit. 4. s. 1. § 1 ; 50. tit. 16. s. 16; Suet. Nero^ 1 ; Cic. pro Rabir. Post. 2 ; Val. Max. vi. 9. § 7.) The revenues which Rome derived from conquered countries, consisting chiefly of tolls, tithes, harbour duties, the scriptura or the tax which was paid for the use of the public pasture lands, and the duties paid for the use of mines and salt-works (salinae\ were let out, or, as the Romans expressed it, were sold by the censors in Rome itself to the highest bidder. (Cic. de Leg. Agr. ii. 21, c. Verr. iii. 7.) This sale generally took place in the month of Quinctilis and was made for a lustrum. (Macrob. Sat. i. 12.) The terms on which the revenues were let, were fixed by the censors in the so-called leges censoriae. (Cic. ad Quint. Frat. i. 1 ; Va.rro, de Re Rust. ii. 1 ; Fest. s. v. Pro-diiit.} The people or the senate however sometimes modified the terms fixed by the censors in order to raise the credit of the publicani (Pint. Flamin. } 9 ; Polyb. vi. 17 ; Liv. xxxix. 44), and in some cases even the tribunes of the people interfered in this •branch of the administration. (Liv.'xliii. 16.) The tithes raised in the province of Sicily alone, with the exception of those of wine, oil, and garden