DĬCĒ (δίκη), signifies generally any proceedings at law by one
party directly or mediately against others. The object of all
such actions is to protect the body politic, or one or more of
its individual members, from injury and aggression; a distinction
which has in most countries suggested the division of all causes
into two great classes, the public and the private, and assigned to
each its peculiar form and treatment. At Athens the first of these
was implied by the terms public δίκαι, or ἀγῶνες, or still more
peculiarly by γραφαί; causes of the other class were termed private
δίκαι, or ἀγῶνες, or simply δίκαι in its limited sense. In a δίκη,
only the person whose rights were alleged to be affected, or the
legal protector (κύριος) of such person, if a minor or otherwise
incapable of appearing _suo jure_, was permitted to institute an
action as plaintiff; in public causes, with the exception of some few
in which the person injured or his family were peculiarly bound and
interested to act, any free citizen, and sometimes, when the state
was directly attacked, almost any alien, was empowered to do so.
The court fees, called _prytaneia_, were paid in private but not in
public causes, and a public prosecutor that compromised the action
with the defendant was in most cases punished by a fine of a thousand
drachmae and a modified disfranchisement, while there was no legal
impediment at any period of a private lawsuit to the reconciliation
of the litigant parties.--The proceedings in the δίκη were commenced
by a summons (πρόσκλησις) to the defendant to appear on a certain
day before the proper magistrate (εἰσαγωγεύς), and there answer
the charges preferred against him. This summons was often served
by the plaintiff in person, accompanied by one or two witnesses
(κλητῆρες), whose names were endorsed upon the declaration (λῆξις
or ἔγκλημα). Between the service of the summons and appearance of
the parties before the magistrate, it is very probable that the law
prescribed the intervention of a period of five days. If both parties
appeared, the proceedings commenced by the plaintiff putting in his
declaration, and at the same time depositing his share of the court
fees (πρυτανεῖα), which were trifling in amount, but the non-payment
of which was a fatal objection to the further progress of a cause.
When these were paid, it became the duty of the magistrate, if no
manifest objection appeared on the face of the declaration, to cause
it to be written out on a tablet, and exposed for the inspection
of the public on the wall or other place that served as the cause
list of his court. The magistrate then appointed a day for the
further proceedings of the _anacrisis_ [ANACRISIS]. If the plaintiff
failed to appear at the anacrisis, the suit, of course, fell to
the ground; if the defendant made default, judgment passed against
him. An affidavit might at this, as well as at other periods of the
action, be made in behalf of a person unable to attend upon the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account