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
ἡ 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
ἡ βουλὴ ἐφίησι τὸ πρᾶγμα εἰς τὸν δῆμον
or
ὁ 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.)
[
C.R.K] [
H.H]