The Attic Orators from Antiphon to Isaeos Volume 2

The Attic Orators from Antiphon to Isaeos Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...chosen 2 10 8l(lL1'l11I e'1rl. finrolr shrerpelrapev Nuo;uiXq: Barfi0ev. It was first agreed between Kallimachos and the defendant that the latter should pay two minae. They then chose Nikomachos arbitrator. He had no discretionary power. His business was simply to give the formal sanction of an by the parties. Such an award was a bar to further litigation. Notwithstanding this, Kallimachos presently sued the defendant for 100 minae on the same account. The defendant brought a witness to show that the action was barred by the previous arbitration. Kallimachos was then bound to prove that the witness was perjured. He did not attempt to do this, but, favoured by the Archon, merely brought his action afresh. The defendant now avails himself of the new law Form. of Archinos, passed soon after the Restoration of the democracy. This provided that any person, against whom an action was brought in violation of the Amnesty, should be allowed to enter a Special Plea (1rapwypa;brj); that such Plea should be heard before the cause was tried; and that the bringer of the Plea should speak firstl. If either party failed to obtain of the votes on the Special Plea, he was liable to the fine of the ep0belia (%th of the damages originally laid2). As the original Action for Damage would have been tried under the presidency of the Thesmothetae, these would be presidents of the court at the hearing of the Special Plea also. 1 It seems probable that the 11-apaypacentsrj itself, as a form of proceeding, ca1ne into existence with the law of Archinos; being at first limited to alleged breaches of the Amnesty, and afterwards extended to other grounds of exception. The older term for a special objection to the adversary's course of proceedin
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Product details

  • Paperback | 152 pages
  • 189 x 246 x 8mm | 286g
  • United States
  • English
  • Illustrations, black and white
  • 1236757114
  • 9781236757111