Mercantile cases had to be decided within the interval of a month;
others might be postponed for due cause. If, on the day of trial, one of
the parties was absent, his representative had to show cause under oath
([Greek: hupomosia]); if the other party objected, he did so under oath
([Greek: anthupomosia]). If the plea for delay were refused by the
court, and it were the defendant who failed to appear, judgment went by
default; in the absence of the plaintiff, the case was given in favour
of the defendant.
The official who had conducted the preliminary inquiry also presided at
the trial. The proceedings began with a solemn sacrifice. The plea of
the plaintiff and the formal reply of the defendant were then read by
the clerk. The court was next addressed first by the plaintiff, next by
the defendant; in some cases there were two speeches on each side. Every
litigant was legally required to conduct his own case. The speeches were
often composed by professional experts for delivery by the parties to
the suit, who were required to speak in person, though one or more
unprofessional supporters ([Greek: synhegoroi]) might subsequently speak
in support of the case. The length of the speeches was in many cases
limited by law to a fixed time recorded by means of a water-clock
(clepsydra). Documents were not regarded as part of the speech, and,
while these were being read, the clock was stopped (Goethe found a
similar custom in force in Venice in October 1786). The witnesses were
never cross-examined, but one of the litigants might formally
interrogate the other. The case for the defence was sometimes finally
supported by pathetic appeals on the part of relatives and friends.
When the speeches were over, the votes were taken. In the 5th century
mussel-shells ([Greek: choirinai]) were used for the purpose. Each of
the jurors received a shell, which he placed in one of the two urns, in
that to the front if he voted for acquittal; in that to the back if he
voted for condemnation. If a second vote had to be taken to determine
the amount of the penalty, wax tablets were used, on which the juror
drew a long line, if he gave the heavy penalty demanded by the
plaintiff; a short one, if he decided in favour of the lighter penalty
proposed by the defendant.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account