Martyria
(
μαρτυρία). Testimony given by witnesses; a deposition. The
following legal terms are those most used with reference to the act of giving testimony:
μαρτυρεῖν τινι, to testify in one's favour;
κατὰ μαρτυρεῖν τινος, to testify against one;
μαρτύρεσθαι, to call a witness;
διαμαρτύρεσθαι,
to call upon those present to notice what is transpiring, so as to swear to it afterwards;
κλητεύειν, to subpœna a witness;
ἐξόμνυσθαι, to swear that one knows nothing of the facts in
question;
ἐπιορκεῖν, to perjure one's self;
ψευδομαρτυρεῖν, to testify falsely (not on oath);
μάρτυς, a witness;
νόμιμος ὃρκος,
a legal oath. See
Anacrisis;
Diké;
Iusiurandum;
Judicial Procedure.
At Athens only freemen, males, and adults were legally entitled to bear witness in court;
except that a slave could testify in a case of murder, and their evidence could also be
accepted after torture. A woman could take an oath if offered her as a challenge (
πρόκλησις). Disfranchised citizens (
ἠτιμωμένοι) could not appear as witnesses; and neither party to a suit could
testify on his own behalf, but must answer such questions as were asked him by the other side.
No other persons could refuse to testify, as this duty was regarded as one claimed by the
State. As to depositions made by those unable to attend in court, see Ecmartyria. A person thrice convicted of giving false witness was
ipso
facto disfranchised. For examination after torture (
βάσανος), see
Tormentum.