given day, and this would, if allowed, have the effect of postponing further proceedings (ὑπωμοσία); it might, however, be combated by a counter-affidavit, to the effect that the alleged reason was unfounded or otherwise insufficient (ἀνθυπωμοσία); and a question would arise upon this point, the decision of which, when adverse to the defendant, would render him liable to the penalty of contumacy. The plaintiff was in this case said ἐρήμην ἑλεῖν; the defendant, ἐρήμην ὀφλεῖν, δίκην being the word omitted in both phrases. The anacrisis began with the affidavit of the plaintiff (προωμοσία), then followed the answer of the defendant (ἀντωμοσία or ἀντιγραφή), then the parties produced their respective witnesses, and reduced their evidence to writing, and put in originals, or authenticated copies, of 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 (προκλήσεις). The whole of the documents were then, if the cause took a straightforward course (εὐθυδικία), enclosed on the last day of the anacrisis in a casket (ἐχῖνος), 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.--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. Upon the court being assembled, the magistrate called on the cause, and the plaintiff opened his case. At the commencement of the speech, the proper officer (ὁ ἐφ’ ὕδωρ) 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 different in different causes. 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.--When the principal point at issue was decided in favour of the plaintiff, there followed in many cases a further discussion as to the fine or punishment to be inflicted on the defendant (παθεῖν ἢ ἀποτῖσαι). All actions were divided into two classes,--ἀγῶνες ἀτίμητοι, _suits not to be assessed_, in which the fine, or other penalty, was determined by the laws; and ἀγῶνες τιμητοί, _suits to be assessed_, in which the penalty had to be fixed by the judges. If the suit was an ἀγῶν τιμητος, the plaintiff generally mentioned in the pleadings the