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Headword: *diamarturi/a
Adler number: delta,644
Translated headword: affidavit, diamartyria
Vetting Status: high
and [sc. also attested is the related verb] to affirm by affidavit. Testimony [marturi/a] was one means of lodging an 'objection' [paragrafh/];[1] for before the case was brought into the lawcourt, anyone who wished to could 'affirm by affidavit' that the case was actionable or not actionable. [Affidavit] differs from objection in the fact that an affidavit comes not only from the defendants but also from the plaintiffs. Even earlier, in fact, the plaintiff used to put forward someone who affirmed by affidavit that the case was actionable, and on this matter the first judgment was directed toward the very person who had testified by affidavit, not toward the one on trial from the outset. If the plaintiff should fail to put forward a witness, then the defendant was allowed to bring on someone who testified that the case was not actionable, and once again the case was directed toward the one who had affirmed [this] by affidavit. They used to bring charges of perjury in affidavits too, just as in [sc. regular] testimonies. Perhaps in cases of desertion of guardianship affirming by affidavit had been disallowed, but not in cases of lacking guardianship.[2]
Greek Original:
*diamarturi/a kai\ *diamarturei=n: tro/pos tis h)=n h( marturi/a paragrafh=s: pro\ ga\r tou= ei)saxqh=nai th\n di/khn ei)s to\ dikasth/rion e)ch=n tw=| boulome/nw| diamarturh=sai, w(s ei)sagw/gimo/s e)stin h( di/kh h)\ ou)k ei)sagw/gimos. diafe/rei de\ th=s paragrafh=s tw=| th\n me\n diamarturi/an gi/nesqai ou) mo/non u(po\ tw=n feugo/ntwn, a)lla\ kai\ u(po\ tw=n diwko/ntwn. kai\ pro/tero/n ge o( diw/kwn prou)ba/lleto/ tina marturou=nta ei)sagw/gimon ei)=nai th\n di/khn, kai\ peri\ tou/tou prw=ton e)gi/neto h( kri/sis pro\s au)to\n to\n diamarturh/santa, ou) pro\s to\n e)c a)rxh=s dikazo/menon. ei) de\ mh\ proba/loito ma/rtura o( diw/kwn, to/te e)ch=n tw=| feu/gonti prosagagei=n tina marturou=nta mh\ ei)sagw/gimon ei)=nai th\n di/khn, kai\ pa/lin pro\s to\n diamarturh/santa o( a)gw\n e)gi/neto. e)peskh/ptonto de\ yeudomarturiw=n kai\ tai=s diamarturi/ais, w(/sper tai=s marturi/ais. ta/xa de\ e)pi\ me\n tai=s tou= a)postasi/ou di/kais e)kekw/luto to\ diamarturei=n, e)n de\ tai=s tou= a)prostasi/ou ou)ke/ti.
Heavily abbreviated from Harpokration s.v. [delta51 Keaney], which cites Lysias, Isaeus, Hyperides and Dinarchus.
[1] See generally pi 319, pi 320.
[2] The distinction here is between apostasiou and aprostasiou: see under alpha 3546.
A.R.W. Harrison, The Law of Athens, 2: Procedure (Oxford 1971) 124-131
S.C. Todd, The Shape of Athenian Law (Oxford 1993) 135-139
Keywords: chronology; daily life; definition; dialects, grammar, and etymology; law; rhetoric
Translated by: William Hutton on 17 October 2003@15:37:41.
Vetted by:
David Whitehead (modified translation; added notes and bibliography) on 18 October 2003@06:52:57.
David Whitehead (another keyword; tweaks and cosmetics) on 5 July 2011@05:00:24.
Catharine Roth (note number) on 23 July 2016@19:33:24.
David Whitehead (tweaks to tr; augmented primary note) on 24 July 2016@03:45:47.


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