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προκαλοῦνται——γράψαν: τες ‘with a view to gaining time, and preventing the cases for the documents from being sealed up, they put in a challenge, tendering certain slaves, whose names they wrote down, to be examined as to the assault.’

The πρόκλησις, or challenge, demanding or offering an inquiry into a special ‘issue’ before an Arbitrator, very frequently related to the testimony of slaves presumably cognisant of the matter in dispute. In many cases the challenge would take the form of demanding that the opponent's slaves should be given up to torture (to elicit facts which that opponent was alleged to have concealed or misrepresented, Dict. Antiq. i p. 622 a). Harpocr. quoted on Or. 45 § 15. (See Or. 45 § 59—62, and Or. 59 § 124—5.)

In the presentinstance Conon offers to allow certain slaves to be examined. The plaintiff evidently refuses, and this refusal, he says, is sure to be made a strong point against him. He therefore insists that the πρόκλησις in question was a mere ruse to protract the proceedings before the Arbitrator, and that had it been a bona fide offer it would have been made at an earlier date, and with all the proper formalities (§ 27—29).

τοὺς ἐχίνους All the legal documents (μαρτυρίαι, προκλήσεις &c.) produced during an arbitration or, indeed, any preliminary examination, e.g. an ἀνάκρισις, were enclosed in one or more caskets, or ἐχῖνοι (possibly of a cylindrical shape), which were sealed up and carefully preserved, to be ready in the event of an appeal. See Or. 45 §§ 17 and 57, Or. 39 § 17, Or. 47 § 16, and cf. Or. 48 (Olymp.) § 48 τὰς συνθήκας πάλιν σημήνασθαι, τὰ δ᾽ ἀντίγραφα ἐμβαλέσθαι εἰς τὸν ἐχῖνον.

τῷ δικαίῳ τούτῳ ‘this plea.’

ἤδη διαίτης ἀποφαινομένης ‘when the award was just being announced.’ ἀποφαίνεσθαι, (1) in middle, of the διαιτητής Or. 33 (Apat.) § 19 εἷς ὢν (sc. ἄνευ τῶν συνδιαιτητῶνἀποφανεῖσθαι ἔφη τὴν δίαιταν, § 20 ἐρήμην κατ᾽ αὐτοῦ ἀπεφήνατο τὴν δίαιταν (cf. § 21 τὴν ἀπόφασιν ἐποιήσατο): (2) in passive (as here), of the award itself. Reiske's Index (to which these references are due) is wrong in rendering it as a past tense, sententia iam pronuntiata.

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hide References (5 total)
  • Commentary references from this page (5):
    • Demosthenes, Against Boeotus 1, 17
    • Demosthenes, Against Stephanus 1, 15
    • Demosthenes, Against Stephanus 1, 59
    • Demosthenes, Against Evergus and Mnesibulus, 16
    • Demosthenes, Against Neaera, 124
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