This text is part of:
Table of Contents:
τῶν ἀντιδίκων Referring principally to his opponent Phormion (cf. § 9, διαφόρως ἔχειν τῷ Φορμἱωνι, and § 14 ad fin. τῶν οἰκείων τῶν ἀδικούντων με). But a litigious person like Apollodorus doubtless had many such opponents, even apart from those whose lawsuits are expressly recorded in the orations that have come down to us (see Or. 36 § 53). τοὺς λόγους ἐκφέρει μου εἰδὼς ‘Divulges my arguments, with which he was acquainted.’ ἐγγράφει τῷ δημοσίῳ ἀπρόσκλητον κ.τ.λ. Lit. ‘registers (against me) for the state-treasury an unsummoned amount of 610 drachmae as a fine for non-production of property in court,’ i.e. ‘enters me as a statedebtor to the amount of 610 drachmae, never demanded from me by formal citation, as a fine, &c.’; or, as Prof. Kennedy renders it, ‘registers (against me) a fine to the treasury... upon a writ of exhibit of which I had no notice by legal summons.’ Before entering on the details, it may be well to explain the general drift of the passage. Apollodorus is engaged in a variety of lawsuits, in one of which we must suppose that he was alleged to be in possession of certain articles, probably documents, either actually belonging to one of his opponents or such that the latter had a legal right to demand production of them. The proper course on the part of Nicostratus, who had made common cause with one of these opponents, would have been to serve Apollodorus with a summons, duly attested by witnesses, requiring him to produce the articles in question. If Apollodorus had, without assigning a legally valid reason, refused to do so, Nicostratus would have been entitled to have a fine levied on Apollodorus and to get him entered as a debtor to the state for the amount of that fine. Instead of this, it appears that Nicostratus served no summons on Apollodorus (the ἐπιβολὴ was ἀπρόσκλητος), thus giving the latter no opportunity for shewing cause against the production of the articles demanded; he then proceeded to obtain a verdict against his opponent in contumaciam, and to have him registered as owing 610 drachmae to the public treasury. Cf. Meier and Schömann, Att. Process, pp. 604, 976 n., and pp. 1016—1019 Lips. ἐγγράφει ‘registers (against me),’—a common term for a formal entry or registration, especially of a debt or fine. Or. 43 § 71 (lex) ἐγγραφόντων οἱ ἄρχοντες...τοῖς πράκτορσιν (the collectors) ὃ τῷ δημοσίῳ γίγνεται. Or. 27 § 38 προσοφείλοντας ἡμᾶς ἐνέγραψεν, Or. 25 (Aristog. α) § 4 ὀφείλοντα τῷ δημοσίῳ καὶ ἐγγεγραμμένον ἐν ἀκροπόλει (cf. ib, § 70 ἐγγράφονται πάντες οἱ ὀφλισκάνοντες, ὅρος δ᾽ ἡ σανὶς ἡ παρἀ τῇ θεῷ κειμένη). Or, 40 § 23. τῷ δημοσίῳ For το δημόσιον in the sense of τὸ κοινὸν ‘the treasury,’ cf. Isaeus, Or, 10 § 20 ἐμοί τι άτύχημα πρὸς τὸ δημόσιον συνέβη. Mid. § 182 and Deinarchus, Or. 2 § 2 ὀφείλων τῷ δημοσίῳ. See Or. 39 (Boeot.) § 14. ἀπρόσκλητον...ἐπιβολὴν ‘a fine without a citation,’ ‘a fine inflicted in a case for which no citation has been issued.’ Cf. § 15 ἀπρόσκλητον δίκην, and Mid. § 92 τὴν κατὰ τοῦ διαιτητοῦ γνῶσιν, ἣν άπρόσκλητον κατεσκεύασεν, αὐτὸς κυρίαν ἑαυτῷ πεποίηται. ἐξ ἐμφανῶν καταστάσεως κ.τ.λ. ‘a fine upon a writ of exhibit,’ lit. ‘arising out of an ἐμφανῶν κατάστασις, i.e. a case of formal production of property in court.’ Harpocr. είς ἐμφανῶν κατάστασιν: ὄνομα δίκης ἐστὶν ὑπὲρ τοῦ τὰ ἀμφισβηπήσιμα εἶναι έν φανερῷ: Ἰσαῖος ἐν τῷ περὶ Φιλοκτήμονος κλήρου (6 § 31 ἀπῄτει τὸν Πυθόδωρον τὸ γραμματεῖον καὶ προσεκαλέσατο είς ἐμφανῶν κατάστασιν. καταστἁντος δὲ ἐκείνου πρὸς τὸν ἄρχοντα, ἔλεγεν ὅτι βούλοιτ᾽ ἀνελέσθαι τὴν διαθἠκην). ὁ δὲ Ἀριστοτέλης ἐν τῇ Ἀθηναίων πολιτείᾳ (56 § 6) πρὸς τὸν ἄρχοντά φησι λαγχάνεσθαι ταύτην τὴν δίκην, τὸν δὲ ἀνακρίνοντα (ἀνακρίναντα Bekker, confirmed by Aristot. l.c.) εἰσάγειν εἰς τὸ δικαστήριον. Dem. Or. 56 § 3 τὸ ἐνέχυρον καθίστησιν εἰς τὸ ἐμφανές. ib. § 38 ἐὰν μὴ παρασχῇς τὰ ὑποκείμενα ἐμφανῆ. Or. 52 § 10 μάρτυρας ἔχων ἠξίουν ἐμφανῆ καταστῆσαι τὰ χρήματα. Cf. the Roman exhibitio (Ulpian, Digest, 29, 3, 2 exhibitio tabularum testamenti); and actio ad exhibendum (Ulpian, Digest, 43, 29, 1 exhibere est in publicum producere). Hence comes our common legal term, an exhibit or writ of production. With ἐμφανῆ καταστῆσαι we may further compare our ordinary phrase sub poena duces tecum, used when a solicitor (for instance) holds a document which the court can require to be put in, for the furtherance of the ends of justice, Cf. Meier and Schomann, p. 478 Lipsius, and Wyse on Isaeus, 6 § 31. ἐπιβολὴν Harpocr. ἐπιβολή: ἡ ζημία. Suidas (= Bekker's Anecdota 254, 27) ζημίας ὄνομα, τὸ τὸν ἄρχοντα ἢ τὴν βουλὴν χρήματα ὁρίζειν τινὶ ζημίαν δοκοῦντι ἀδικεῖν τὰ δημόσια ἢ ὀρφανούς, ἢ κατέχειν τὰ άλλότρια καὶ μὴ εὶς ἐμφανὲς ἄγειν. Lysias, Or 20 § 14 ἠνάγκαζον, ἐπιβολὰς ἐπιβάλλοντες καὶ ζημιοῦντες, and ib. Or. 30 § 3. ἐπιβολὴν is a certain correction for ἐπιβουλήν. The converse mistake may be noticed in Isocr. Paneg. § 148 διαμαρτὼν τῆς ἐπιβουλῆς, where the best MS wrongly has ἐπιβολῆς. διὰ Αυκίδου ..ποιησἀμενος τὴν δίκην ‘having got the case brought on by means of Lycidas,’ who, as the tool of Nicostratus, was either a merely nominal prosecutor or possibly a venal arbitrator. For this use of διὰ referring to a mere ‘cat'spaw’ see note on Or. 45 § 31. κλητῆρα ... ἐπιγράφεται ‘enters as witness to the citation.’ Mid. § 87 κλητῆρα οὐδ᾽ ὁντινοῦν ἐπιγραψάμενος, and Or. 54 § 31 ἐπιγράφεται μάρτυρας, i.e. ‘endorses on the deposition the names of certain persons as witnesses.’ ἀνακρινοίμην ..τὰς δίκας ‘in the event of my bringing to a preliminary hearing the suits which I had instituted against my relatives (Phormion, &c.) who were doing me wrong.’ Harpocr. ἀνάκρισίς ἐστιν ἐξέτασις ὑφ᾽ ἑκαστῆς ἀρχῆς γινομένη πρὸ τῶν δικῶν περὶ τῶν συντεινόντων εἰς τὸν ἀγῶνα: ἐξετάζουσι δὲ καὶ εἰ ὅλως εἰσάγειν χρή. Cf. Meier and Schomann, p. 823 Lips. ἐνδεικνύναι με ‘to lay an information (ἔνδειξις) against me’ for undertaking a prosecution, while still a debtor to the treasury. Or. 58 (Theocrin.) § 14 κελεύει (ὁ νόμος) κατά τε τῶν ὀφειλόντων τῷ δημοσίῳ τὰς ἐν. δείξεις τὸν βουλόμενον ποιεῖσθαι τῶν πολιτῶν... By ἔνδειξις is meant a criminal information against a person acting when under legal disability. It was brought in writing before the Archon and was a very summary process. Hermann-Thumser, Staatsalt. p. 556 n. (Cf. Or. 39 § 14 and Pollux there quoted.)
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.