παραβόλιον: ἀδόκιμον τοῦτο
, ed. Lobeck, p. 238), a fee paid by the
appellant party, on an appeal (ἔφεσις
Pollux (8.62 f.) states, “from an arbitrator, or a magistrate or the
to the dicasts, or from the
Senate of Five Hundred to the popular assembly, or from the popular
assembly to a Heliastic court, or from such a one to a foreign
court.” An appeal from a [p. 2.337]
was allowable in all cases except when ἡ μὴ οὖσα
had to be resorted to; i. e. when the loser could prove
that it was not owing to negligence on his part that judgment had gone by
default. Cf. Harpocr. s. v. διαιτητής
) καὶ τὰς ἀπὸ τῶν διαιτητῶν ἐφεσίμους ἔκρινον,
Dem. c. Boeot. de Dote,
p. 1024.55; (Meier,
etc. p. 28, n. 3, reads in Pollux,
8.127, τὰς πίστεις ἐμβ. ἰδ. ἑκατέρων τάς τε
τοῦ φεύγ. καὶ τὰς τοῦ διώκ.
instead of τὰς ψήφους ἐμβαλόντες ἰδίᾳ ἑκατέρας τοῦ
φεύγοντος καὶ διώκοντος.
) An appeal from a magistrate might
arise when the ἐπιβολὴ
imposed by him was
objected to by the person fined; for then the magistrate had to lay the case
before a court [EPIBOLE
on the occasion of a διαψήφισις
was struck off the lists of δημόται
wished to upset such a decision, he might appeal to a court (δίκην λαγχάνειν τῷ κοινῷ τῶν δημοτῶν
to a public arbitrator (Isae. pro Euphil.
Schömann ad l.c.
p. 479). The next two
kinds of appeal referred to by Pollux are very doubtful indeed; when a
matter was referred to the popular assembly by the Senate of Five Hundred,
or to a Heliastic court by the popular assembly, because the latter were
either unable or unwilling to decide it themselves, this might be called
inasmuch as ἡ βουλὴ ἐφίησι τὸ πρᾶγμα εἰς τὸν δῆμον
or ὁ δῆμος ἐφίησι τὸ πρᾶγμα εἰς τοὺς
but in that case ἔφεσις
is not used in its strictly technical sense of appeal.
As to appeals from an Athenian court to a foreign court, cf. SYMBOLON DIKAI APO. We are uninformed as to the
amount to be paid, and as to the occasions when such a sum was to be paid.
ed. Lipsius, pp. 986-991.)