The Ancient Library

Scanned text contains errors.

On this page: Timocratia – Tintinnabulum


is reason to believe, that the petitions addressed by the defendant or his friends to the prosecutor were made aloud in the hearing of the dicasts. As to the suggested explanation of ti^w -rty jUaKpcw, see psephus.

We cannot doubt that in case of heinous of­fences, or those which immediately concerned the state, the court would not permit of a compromise between the opposing parties ; but in ordinary cases, a public prosecutor was looked on by the Athenians much in the light of a plaintiff, es­pecially where his object was to obtain some penalty given by the law to an informer. When the parties could not come to terms, the dicasts, after hearing what each of them had to say, di­vided on their respective propositions, and the ma­jority of votes determined the penalty. (Platner, Proc.undKlag. vol. i. pp. 198—202 ; Meier, Att. Proc. pp. 178—182.)

The course thus pursued at Athens must have led to injustice occasionally, but was, perhaps, the only course that could be adopted with so large a number of judges. Aristotle tells us, that Hippo-damus of Miletus (who, no doubt, perceived the evils of this system) proposed that the verdict should not be given by ballot (Sta x/^o^opfas), but that each judge should bring in a tablet with a special statement of his opinion ; upon which proposal Aristotle remarks, that its effect would be to make each judge a ^iaLrf]rr}s : that it was an object with most of the ancient lawgivers, that the judges should not confer with each other (kqivo-Xoywvrcu), and then he comments on the confusion that would arise, if the judge were allowed to propose a penalty different from that submitted to him by the parties. (Arist. Polit. ii. 5. §§ 3., 8, 9.)

As a general rule, only one>penalty could be im­posed by the court, though the law sometimes gave "more than one. (Demosth. c. Lept. 504, c. Neaer. 1363.) Sometimes the law expressly empowered the jury to impose an additional penalty (irpoffri-M^/ua) besides the ordinary one. Here the pro­position emanated from the jury themselves, any one of whom might move that the punishment al • lowed by the law should be awarded. He was said TrpoffTi/JLyo-Oai, and the whole dicasts, if (upon a division) they adopted his proposal^ were said •ffpocfri(jLa.v. (Demosth. c. Timocr. 733 ; Meier, Att. Proc. pp. 183, 725.) We may observe, that the preposition irpbs in the verb Trpoffriimv does not always imply that a second penalty is imposed, but is sometimes used with reference to other mat­ters, as in Demosth. c. Aristop. 790.

In private actions the course of proceeding with respect to the assessment of damages was much the same as described above. In some cases, where the plaintiff's demand was made up* of several charges, or arose out of various matters, he would give in his bill of plaint a detailed account, specify­ing the items, &c., instead of including them in one gross estimate. This seems to have been con­sidered the fairer method, and may be compared to our bill of particulars, which the plaintiff de­livers to the defendant. (Demosth. c. Aphob. 853.) The liability of the plaintiff' to the e7r«£eAi'a, which was calculated upon the sum demanded, operated as a check upon exorbitant demands, in addition to that which we have already noticed.

The irpoffri/jLTja-is rarely occurred in private ac­tions, except in those where the wrongful act com-



plained of had the character of a public offence, as in the 8imj \l/ev$o/j.apTvpiwv. [martyria.]

As to the amount of revenue derived by tlie Athenians from public fines, see Bockh, Publ. Econ. of Athens, p. 375, &c. 2ded.

As to Ti/HTjiJLa, in the sense of the rateable value of property with reference to the Athenian pro­ perty tax, see eisphora. [C. R. K.]

TIMOCRATIA. [oligarchic]

TINTINNABULUM (/cc65co*>), a bell. Bells were used for a great variety of purposes among the Greeks and Romans, which it is unnecessary to particularize here. One use, however, of them, for the purpose of keeping watch and ward in the fortified cities of Greece, deserves mention. (Tim-cyd. iv. 135 ; Aristoph. Aves, 843, 1159 ; Schol. in too.) A guard ($wAa£) being stationed in every tower, a TrepnroAos (see p. 463, a) walked to and fro on the portion of the wall between two towers. It was his duty to carry the bell, which he received from the guard at one tower, to deliver it to the guard at the next tower, and then to return, so that the bell by passing from hand to hand made the circuit of the city. By this arrangement it was discovered if any guard was absent from his post, or did not answer to the bell in consequence of being asleep. Hence to prove or try a person was called K<a$<avi(€iv (Aelian, //. A. xvi. 25) ; to per­form the office of patrole was Kw^tavotyopeiv.

The forms of bells were various in proportion to the multiplicity of their applications. In the Mu­seum at Naples are some of the form which we call bell-shaped ; others are more like a Chinese

gong. The bell, fig. 1 in the annexed woodcut, is a simple disk of bell-metal ; it is represented in a painting as hanging from the branch of a tree. (Bartoli, Sep. Ant. 13.) Figure 2 represents a bell of the same form, but with a circular hole in the centre, and a clapper attached to it by a chain. This is in the Museum at Naples, as well as the bell, fig. 3, which in form is exactly like those still commonly used in Italy to be attached to the necks of sheep, goats, and /oxen. Fig. 4 is represented

About | First | English Index | Classified Index | Latin Index | Greek Index



page #  
Search this site
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of