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PARA´BOLON

PARA´BOLON (παράβολον, παραβόλιον: ἀδόκιμον τοῦτο, Phrynichus, ed. Lobeck, p. 238), a fee paid by the appellant party, on an appeal (ἔφεσις), as Pollux (8.62 f.) states, “from an arbitrator, or a magistrate or the δημόται 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]public arbitrator was allowable in all cases except when μὴ οὖσα δίκη 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: (οἱ δικασταὶ) καὶ τὰς ἀπὸ τῶν διαιτητῶν ἐφεσίμους ἔκρινον, and Dem. c. Boeot. de Dote, p. 1024.55; (Meier, Privatschiedsrichter, 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]. When on the occasion of a διαψήφισις a person was struck off the lists of δημόται and wished to upset such a decision, he might appeal to a court (δίκην λαγχάνειν τῷ κοινῷ τῶν δημοτῶν), or to a public arbitrator (Isae. pro Euphil. § 11; 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 ἔφεσις, inasmuch as βουλὴ ἐφίησι τὸ πρᾶγμα εἰς τὸν δῆμον or δῆμος ἐφίησι τὸ πρᾶγμα εἰς τοὺς δικαστάς, 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. (Att. Process, ed. Lipsius, pp. 986-991.)

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