Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

456 -EMBATEIA. EMBLEMA.
emancipate a grandson, without emancipating the up as a forln of law, being deemed by Iiawyers a3
son, and to emancipate the son without emancipating necessary foundation of the subsequent legal prothe grandson, or to emancipate them all. Justinian cess. Thus at Rome, in the earlier times, one
also (Nov. 89. c. 11) did not allow a parent to party used to summon the other by the words " ex
emancipate a child against his will, though it seems jure te manum consertum voco," to go with him to
ihat this might be done by the old law, and that the land in dispute, and (in the presence of the
the parent might so destroy all the son's rights of praetor and others) turn him out by force. Afteragnation. But a man might emancipate an: adopted wards this was changed into the symbolical act of
child against the will of the child (Inst. 1. tit. 11. breaking a clod of earth upon the land, by which
s. 3). As a general rule the father could not be the person who broke intimated that he claimed a
compelled to emancipate a child; but there were right to deal with the land as he pleased. We
some cases in which lie might be compelled. may observe also, that the English action of
The emperor Anastasius allowed an emancipated ejectment in this respect resembles the Athechild (under certain restrictions) to succeed to the nian, that, although an ently by the plaintiff and an
property of an inteslate brother or sister, which ouster of him by the defendant are supposed to
the praetor had not allowed; and Justinian put an have taken place, and are.considered necessary to
emancipated child in all respects on the same foot- support the action, yet botl entry and ouster are
ing as one not emancipated, with respect to such mere fictions of law.
succession. These proceedings by entry, ouster, &c., took
An elmancipatio effected a capitis diniinutio place also at Athens in case of resistance to an exe-minima, inconsequence of theservile character (ser- cation; when the defendant, refusing to give up
~tilis cauesa) into which the child was brought by the land or the chattel adjudged, or to pay the
such act. (Gains, i. 132, &c.; Dig. I. tit. 7; Cod. 6. damages awarded to the plaintiff, by the appointed
tit. 57. s. 15; 8. tit. 49; linst. 1. tit. 1'2; 3. tit. 5; timne, and thus being uTrepYluepos, i. e. the time
Dirksen, Uebe7rsilt, &c. p. 278; Thibaut, Systeme, having expired by which lhe was bound to satisfy
&c., ~ 783, &c., 9th ed.) [G. L.] the judgment, the plaintiff proceeded to satisfy
EMANSOR. [DEs;ERTOR..] himself by seizure of the defendant's lands. This
EMBAS (e/Egas), a shoe worn by men (Snidas, he certainly might do, if there were no goods to
s. v.), frequently mentioned by Aristophanes levy upon; though, whether it was lawful in all
(Equit. 321, 869, 87i2, Ecc. 314, 850) and other cases, does not appear. The Athenian laws had
Greekl writers. This appears to have been the made no provision for putting the party, who sucmost common kind of shoe worn at Athens (ev- ceeded, in possession of his rights; he was therereXiEs V6r65sa, Pollux. vii. 85; compare Isaelis, fore obliged to levy execution himself, vithout the
deC Diccaeoq. Hered. 94). Pollux (1. c.) says that aid of a ministerial officer, or any other person.
it was invented by the Thracians, and that it was If, in doiang so, he encountered opposition, he had
like the low.cothurnus. The esbas was also worn lno other remedy than the 4eo6Agrs aKhi, -,which (if
by the Boeotians (Herod. i. 1:95), and probably in the subject-matter was land) nmust have been
other parts of Greece. (Becker, Ca crifles, vol. ii. grounded upon his own previous entry. The action
p. 372.) could lbe brought against any one who impeded
EMBATEIA (e'Juahcea). In Attic law this him in his encldeavour to get possession, as well as
word (like the corresponding English one, etr/J), against the party to the former suit. The cause of
was used to denote a fornmal taking possession of Demosthenes against Onetor was this: —Demoreal property. Thus, wvhen a son entered upon: sthenes having recovered a judgment against Aphothe land left him by his father, he was said bus, proceeded to take his lands in execution.
efi/aTre5vEL, or BaeEirv lIS Ta& 7raTrpa, and there- Onetor claimed them as mortgagee, and turned
upon he became seised, or possessed of llis ill- him out (E- e~ev'), whereupon Demosthenes, conheritance. If ally one disturbed him ii the en- tending that the mnortgage was collusive anld fraujoyment of this property, with an intention to dulent, brogloht the ikoiXVs abcml, which is called
dispute the title, he mlight maintain an action of 8i.? arpos'O"Tropa, because the proceeding is dii
ejectment, 4odXuls 8i'[I. Before entry lie could rei.m and collateral to another object, rather thain a
not maintain such action.'EEou5Xi is frim iftX- direct controversy between the parties in the caumse.
AEIv, an old word signifying to eject. The sup- The conseqcuence to the defendant, if he failed in
posed ejectment, for wvhich the action was brought, the action of ejectrment, was, that (besides his liabivwas a mere formality.. The defendant, after the lity to the plaintiff) he wnas, as a public offender,
plaintiff's entry, came andcl turned him off, l7kyEV condemnedl to pay to the treasury a sulm equal to
cK ~r"s 7ys. This proceeding (called e'acywyi) the damages,,or to the value of the property retook place quietly, and in the presence of wit- covered in the first action. While this remaiined
nesses; the defendant then became a wrong-doer, unpaid (acud ve may presumme it could not be paid
and the plaintiff was ir a condition to try the without also satisfying the party), he became, as a
right. state debtor, subject to the disabilities of aui-la.
All this was a relict of ancient timlles, when be- (Meier, Ait. Proc. pp. 372, 460, 748.) [C. R. K.]
fore vwrits and pleadings and other regmlar processes E'MBATES. [MIon us.]
were invented, parties adopted a ruder method anId EMBLE/'MA (Eg.M/yae, e'tlsrramoa), an inlaid
took the law into theimr o-wn hands. There was ornimnent. The art of inlayirng (p r1Exmv7 i/TratOthen an actual ouster, aecompa.nied often.with vio-,TmK, Ath. xi. p. 488) was employed ial producing
lence and breach of the peace, for which the per- beautifutl wvorks of two descriptions, viz.: st,
son in the wrong was not only responsible to the Those which resembled our marquetry, buhil, and
party injured, but was also punishable as a public Florentine mosaics; and 2dly, those in which
offender. Afterwards, in the course of civilization, crusts (crzcstae), exquisitely wrought in relief and
violent remedies became useless and were discon- of precious metals, such as gold, silver, and amber,
tinued; yet the ceremony of ejecting was still kept were fastened upon the surface of vessels or other