MARSŪPĬUM (μαρσύπιον, βαλάντιον), a purse. The purse used by the
ancients was commonly a small leathern bag, and was often closed by
being drawn together at the mouth (σύσπαστα βαλάντια). Mercury is
commonly represented holding one in his hand. (See cut, p. 63.)
MARTỸRĬA (μαρτύρια), signifies strictly the deposition of a witness
in a court of justice, though the word is applied metaphorically
to all kinds of testimony. At Athens none but freemen could be
witnesses. The incapacity of women may be inferred from the general
policy of the Athenian law, and the absence of any example in the
orators where a woman’s evidence is produced. The same observation
applies to minors. Slaves were not allowed to give evidence, unless
upon examination by torture (βάσανος). Citizens who had been
disfranchised (ἠτιμωμένοι) could not appear as witnesses (any more
than as jurors or plaintiffs) in a court of justice; for they had
lost all honourable rights and privileges. But there was no objection
to alien freemen. The party who desired the evidence of a witness,
summoned him to attend for that purpose. The summons was called
πρόσκλησις. If the witness promised to attend and failed to do so,
he was liable to an action called δίκη λειπομαρτυρίου. Whether he
promised or not, he was bound to attend, and if his absence caused
injury to the party, he was liable to an action (δίκη βλάβης). The
attendance of the witness was first required at the ἀνάκρισις, where
he was to make his deposition before the superintending magistrate
(ἡγεμὼν δικαστηρίου). The party in whose favour he appeared,
generally wrote the deposition at home upon a whitened board or
tablet (λελευκωμένον γραμματεῖον), which he brought with him to the
magistrate’s office, and, when the witness had deposed thereto, put
into the box (ἐχῖνος) in which all the documents in the cause were
deposited. An oath was usually taken by the witness at the ἀνάκρισις,
where he was sworn by the opposite party at an altar. The witness,
whether he had attended before the magistrate or not, was obliged to
be present at the trial, in order to confirm his testimony. The only
exception was, when he was ill or out of the country, in which case a
commission might be sent to examine him. [ECMARTYRIA.] All evidence
was produced by the party during his own speech, the κλεψύδρα being
stopped for that purpose. The witness was called by an officer of the
court, and mounted on the raised platform (βῆμα.) of the speaker,
while his deposition was read over to him by the clerk; he then
signified his assent, either by express words, or bowing his head in
silence.--We conclude by noticing a few expressions. Μαρτυρεῖν τινι
is to testify in favour of a man, καταμαρτυρεῖν τινος to testify
against. Μαρτύρεσθαι to call to witness (a word used poetically),
διαμαρτύρεσθαι and sometimes ἐπιμαρτύρεσθαι τοὺς παρόντας, to call
upon those who are present to take notice of what passes, with a
view to give evidence. Ψευδομαρτυρεῖν and ἐπιορκεῖν are never used
indifferently, which affords some proof that testimony was not
necessarily on oath. The μάρτυς (witness in the cause) is to be
distinguished from the κλητὴρ or κλήτωρ, who merely gave evidence of
the summons to appear.
MASTĪGŎPHŎRI or MASTĪGŎNOMI (μαστιγοφόροι or μαστιγονόμοι), the
name of the lower police officers in the Greek states, who carried
into execution the corporal punishments inflicted by the higher
magistrates. In the theatre the mastigophori preserved order, and
were stationed for this purpose in the orchestra, near the thymele.
In the Olympic games the ῥαβδοῦχοι performed the same duties. At
Athens they were discharged by the public slaves, called bowmen
(τοξόται), or Scythians (Σκύθαι). [DEMOSII.]