fine imposed by a magistrate, or other official person or body (the
Areiopagus, Aeschin. F. L.
§ 93; the senate of Five
Hundred, Pollux, 8.51; Boeckh, Seeurk.
xiv. b, p. 64), for a
misdemeanour; cf. Lex. Rhet. Cantabr
p. 669, 14, ἔξεστι τοῖς ἄρχουσιν
§ 27) ἀργυρίῳ ζημιοῦν
τοὺς ἁμαρτ άνοντας.
The various magistrates at Athens had
(each in his own department) a summary penal jurisdiction: i. e. for certain
offences they might inflict a pecuniary mulct or fine, not exceeding a fixed
amount; if the offender deserved further punishment, it was their duty to
bring him before a judicial tribunal, the magistrate proposing the penalty.
Thus, in case of injury done to orphans and
heiresses, etc. ([Dem.] c. Macart.
p. 1076.75), or of
misconduct at the great Dionysia (Dem. c. Mid.
the archon might fine the parties; Archedemus (probably as one of the
Hellenotamiae) inflicted a fine on Erasinides (Xen.
); the generals could
fine a phylarch for disobedience ([Lys.] c. Alcib.
Nicomachus incurred a fine for not discharging his task within the
prescribed term (Lys. c. Nicom.
§ 3); the same power
belonged to the τειχοποιοί
§ 27): cf. [Lys.] pro
§ 14; Dem. c. Nicostr.
etc. There was need of such power being given to magistrates at Athens
(Xen. Mem. 3.5
). If the person fined would not submit to it, the magistrate
had to lay the case before a court (Lys. pro Milit.
§ 11 ; [Lys.] c. Andoc.
§ 21); that was
always required when a demarch imposed a fine (C. I. A.
No. 573 b). The amount of the fine (τὸ
) which the individual magistrate might inflict, we do not
know; the senate of Five Hundred was competent to fine to the extent of 500
drachmas. ([Dem.] c. Euerg.
p. 1151.43; Pollux, 8.51; EISANGELIA
); the priests, the
of the public assembly, to the
amount of 50 drachmas. (C. I. A.
ii. No. 841, 1. 15; Lex
in Aeschin. c. Tim.
35; cf. Plat. Legg.
p. 764, B, C.)
The magistrate who imposed the fine (ἐπιβολὴν
) had not the charge of levying it, but was obliged
to make a return thereof to the treasury officers (ἐπιγράφειν εἰς τοὺς πράκτορας,
or ἐγγράφειν τοῖς πράκτορσιν,
or ἐγγράφειν τῷ δημοσίῳ
), whereupon, like all other
penalties and amerciaments, it became (as we should say) a debt of record,
to be demanded or recovered by the collectors (Aeschin. c. Tim.
If the fine was not paid within the prescribed time (ἡ
μὲν ἔκτισις ἠν ἐπὶ τῆς ἐνάτης πρυτανείας,
§ 73), a return of it was made to the
of the goddess (Lys. pro
§ 6). At their own risk the ταμίαι
could rescind a fine imposed (Lys.
§ 7; Pollux, 8.97). (Siegfried,
de multa quae
dicitur; Att. Process,
ed. Lipsius, pp. 49, 50, 54, 757-8,
are to be distinguished from the
penalties awarded by a jury or court of law (τιμήματα
) upon a formal prosecution, and from the fine of a
thousand drachmas, which the accuser in a public action incurred when he
dropped his accusation or failed to obtain a fifth part of the votes (cf.
), or when a
citizen refused to obey the summons to appear as a witness in court without
being able to take the ἐξωμοσία
: in all
these cases the magistrates had no discretionary power.