The Ancient Library
 

Scanned text contains errors.

On this page: Endromis – Enechyra – Engye

460

ENECHYRA.

this kind. Heraldus (Animadv. in Salm. iv. 9. § 10) ridicules the idea that it was invariably a capital punishment. The accuser, if unsuccessful, was responsible for bringing a malicious charge (vJ/eu5oGs evdei^ews virsvQvvos}. (Schomann, De Com. p. 175, Att. Proc. p. 239, &c.)

The cndeixis, apagoge (airaywyfy and epJiegesis (e^yTjffLs) must be carefully distinguished. Pollux says (viii. 49) that the endeims was adopted when the accused was absent ; the apagoge when he was present; and we know that the apagoge was a summary process, in which the defendant was al­lowed to apprehend a culprit caught in ipso facto and lead him before a magistrate. In case the charge was ill-founded, the complainant ran the risk of forfeiting 1000 drachmae. If he did not like to expose himself to this risk, he might have recourse to the epliegesis (€<f)7)yr}<ris}, in which he made an application to the proper magistrate, as, for instance, to one of the Eleven, if it were a case of burglary or robbery attended with murder, and conducted him and his officers to the spot where the capture was to be effected. (Comp. Dem. c. Androt. p. 601.)

The cases in which the apagoge and epJiegesis were most generally allowed, were those of theft, murder, ill-usage of parents, &c. The punishment in these cases was generally fixed by law ; and if the accused confessed, or was proved guilty, the magis­trate could execute the sentence at once, without appealing to any of the jury-courts ; otherwise, it was necessary that the case should be referred to a higher tribunal. (Aesch. c. TimarcJi. c. 37 ; Dem. De Fals. Legal, p. 431.) The magistrates who presided over the apagoge were generally the Eleven (oi eVSeKa, Dem. c. Timber, p. 736 ; Lysias, c. Agorat. c. 85) ; sometimes the chief archon (Aesch. c. TimarcJi. c. 64), or the thesmothetae (Dem. c. Aristocr. p. 630). The most important passage with regard to the apagoge (Lysias, c. Agorat. § 85, 86) is unfortunately corrupt and unintelligible. (See Sluiter, Led. Andocid. p. 254, &c.) The complainant was said cbrayeii/ t?jz/ aTraycayf-jV: the magistrates, when they allowed it, Trape^exovr°

\5 / r t c< "n t i

r'f}V a,7rayc0yf]i'. |_«J. b. M.J

ENDROMIS (eVSjoojius-), a thick coarse blanket, manufactured in Gaul, and called " endromis " be­ cause those who had been exercising in the stadium (ez/ (Jp^uo;) threw it over them to obviate the ef­ fects of sudden exposure when they were heated. Notwithstanding its coarse and shaggy appearance, it was worn on other occasions as a protection from the cold by rich and fashionable persons at Rome. (Juv. iii. 103 ; Mart. iv. 19, xiv. 126.) Ladies also put on an endromis of a finer description (en- dromidas Tyrias, Juv. vi. 246), when they par to ok, as they sometimes did, of the exercises of the palaestra. Moreover, boots [cothurnus] were called eVSpo/u'Ses on account of the use of them in running. (Callim. Hymn, in Dian. 16, in Delum^ 238 ; Pollux, iii. 155, vii. 93 ; Brunck, Anal. iii. 206.) [J. Y.I

ENECHYRA (eVe'xvpa). In private suits at Athens, whether tried by a court of law, or before an arbitrator, whenever judgment was given against a defendant, a certain period was at the same time fixed (?) TrpoflecTyiua). before the expiration of which it was incumbent upon him to comply with the ver­dict. In default of doing so he became virepfifjizpos, or over the day, as it was called, and the plaintiff was privileged to seize upon (otyacr&u) his goods

ENGYE.

and chattels as a security or compensation for non-compliance. (Dem. c. Meid. p. 540. 21 ; Ulpian, ad loc* ; Aristoph. Nubes, 35.) The property thus taken was called ej>exiy>a, and slaves were gene­rally seized before anything else. (Athen. xiii. p. 612, c.) This "taking in execution " was usu­ally left to the party who gained the suit, and who, if he met with resistance in making a seizure, had. his remedy in a StKt] e^ouA^s : if with personal violence, in a St'/c?? al/aas. (Dem. c. Everg. p. 1153.) On one occasion, indeed, we read of a public officer (uTr^per^ irapa. tt)s apx^js) being-taken to assist in, or perhaps to be a witness of, a seizure ; but this was in a case where public in­terests were concerned, and consequent upon a de­cision of the PovXi]. (Id. c. Everg. 1149.) The same oration gives an amusing account of what Englishmen would consider a case of " assault and trespass," committed by some plaintiffs in a de­fendant's house, though the amount of damages which had been given (^ KaraSfro;) was, according to agreement, lying at the bank (eVi t?? rpairc^y^ and there awaiting their receipt.

It seems probable, though we are not aware of it being expressly so stated, that goods thus seized were publicly sold, and that the party from whom they were taken could sue his opponent, perhaps by a §i'/c?7 /3Aa£?}y, for any surplus which might remain after all legal demands were satisfied. No seizure of this sort could take place during several of the religions festivals of the Athenians, such as the Dionysia, the Lenaea, &c. They were, in fact, dies nonin Athenian law. (Dem. c. Meid. p. 518 ; Hudtwalcker, Diaet. p. 132.) [R. W.]

ENGYE (eyytfty), bail or sureties, were in very frequent requisition, both in the private and public affairs of the Athenians. Private agree­ments, as, for instance, to abide by the decision of arbitrators (Dem. c. Apatur. pp. 892—899),or that the evidence resulting from the application of tor­ture to a slave should be conclusive (Dem. c. Pan-* taen. p. 978. 11), were corroborated by the parties reciprocally giving each other such sureties ; and the same took place generally in all money lending or mercantile transactions, and was invariably ne­cessary when persons undertook to farm tolls, taxes, or other public propert}'.

In judicial matters bail or sureties were provided upon two occasions ; first, when it was requisite that it should be guaranteed that the accused should be forthcoming at the trial ; and secondly, when security was demanded for the satisfaction of the award of the court. In the first case, bail was very generally required when the accused was other than an Athenian citizen, whether the action were public or private ; but if of that privileged class, upon no other occasion, except when pro­ceeded against by way of Apagoge, Endeixis, Ephegesis, or Eisangelia. Upon the last-mentioned form being adopted in a case of high treason bail was not accepted. The technical word for requiring bail of an accused person is Kareyyvait, that for becoming surety in such case e^eyyvacrQ&t. Surety of the other kind was demanded at the beginning of a suit upon two occasions only; first, when a citizen asserted the freedom of a person detained in slavery by another ; and secondly, when'a liti­gant, who had suffered judgment to go by default before the arbitrator (sjcuttjt^s-), had recommenced his action within the given time (fify ovffa Site?}}, After the judgment,, security of this kind was re-

Pages
About | First | English Index | Classified Index | Latin Index | Greek Index

459

460

461
letter/word  
page #  
Search this site
Google


ancientlibrary.com
WWW
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of Isidore-of-Seville.com.