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

EMTIO TET VENDITIO. ENDEIXIS. 459
take legal measures for recovering the possession. [EDICTTJM] to inform the buyer of the defects of
(Dig. 6. tit. 3, and 39. tit. 4; Cod. 4. tit. 66; any slave offered for sale: " Qui mancipia vendunt,
Inst. 3. tit. 24 (25); Miihlenbruch, Doctrlina Pan- certiores faciant emptores quod morbi vitiique," &c.
dectarum; Savigny, Des Recilt des Besitzes, p. 99, (Dig. 21. tit. i.) In reference to this part of the
&c. p. 180; Mackeldey, Lehrbuch, &c. ~ 295, &c. law, in addition to the usual action arising from
~ 384, 12th ed.) [G. L.] the contract, the buyer had against the seller, acEMPO'RIUM (Tb ey7roJpio), a place for whole- cording to the circumstances, an actio ex stipulatu,
sale trade in commodities carried by sea. The redhibitoria, and quanti minoris. Horace, in his
name is sometimes applied to a sea-port town, but Satires (ii. 3. 286), and in the beginning of the
it properly signifies only a particular place in such second epistle of the second book, alludes to the
a town. Thus Amphitryo says (Plaut..A1nph. iv. precautions to be taken by the buyer and seller
1. 4) that he looked for a person. of a slave. [G.L.]
".Apud emporianb, atque in macello, in palaestra ENCAUSTICA. [PICTURA, No. 7.
Inmedsqu, in tornstrinis, apdomnis aedis ENCLE'MA ( e)ytfcrgua). [DinE.]
In medicinis, in tonstrinis, aud omnis aedis ETESIS ( he righ of possessing
sacras.' -landed property and houses ('y7l'~Ls?YIs Kal
oegias) in a foreign country, which was frequently
(Compare Liv. xxxv. 10, xli. 27.) The word is granted by one Greek state to another, or to sederived from Eynropos, which signifies in Homer a parate individuals of another state. (Dem. De Cor.
person who sails as a passenger in a ship belonging p. 265. 7; Biickh, Corp. Inscript. vol. i. p. 725.)
to another person (Od. ii. 319, xxiv. 300); but in'Eytc Tf/aTa were such possessions in a foreign
later writers it signifies the merchant who carries country, and are opposed by Demosthenes (De
on commerce with foreign countries, and differs Halosz. p. 87. 7) to tcfim a'a, possessions in one's
from /cdursXos, the retail dealer, who purchases his own country. (Valcken. ad Herod. v. 23.) The
goods from the ft-eropos and retails them in the term ye'criar'a was also applied to the landed
market-place. (Plat. De Rep. ii. p. 371.) property or houses which an Athenian possessed
At Athens, it is said (Lex. Seg. p. 208) that in a different 6iLpos from that to which he belonged
there were two kinds of emporia, one for foreigners by birth, and with respect to such property he
alnd the other for natives (*etcK'o and a'-riacv); was called iyK7clcreLEtvos: whence we find Debut this appears doubtful. (Bdickh, Publ. Econ. of mosthenes (c. Polycl. p. 1208. 27) speaking of ol
At/lens, p. 313, 2ncld ed.) The emporium at Athens a,u4drat Kala o0r'yetsc'r vsw.ot. For the right of
was under the inspection of certain officers, who holding property in a 8~gos! to which he did not
were elected annually (Er7rlqueX7Val roiu n7ropfov). belong, he had to pay such iai/os a tax,: which is
[EPISELETAE, No. 3.] mentioned in inscriptions nmder the name of IeyEMPTI ET VE'NDITI A'CTIO. The seller CtTrv71vId. (Bbckh, Puell. Econ. of Atlhens, p. 297,
has an actio venditi, and the buyer has an actio 2nd ed.)
empti, upon the contract of sale and purchase. Both ENDEIX IS (etrfEt5s), properly denotes a proseof them are actiones directae, and their object is to cution instituted against such persons as were alobtain the fulfilment of the obligations resulting leged to have exercised rights or held offices while
from the contract. (Dig. 19. tit. 1.) [G. L.] labouring under a peculiar disqualification. Among
E'MPTIO ET VENDI'TIO. The contract of these are to be reckoned state debtors, who during
buying and selling is one of those which the Ro- their liability sate in court as dicasts, or took any
mans called ex consensu, because nothing more was other part in public life; exiles, who had returned
required than the consent of the parties to the con- clandestinely to Athens; those that visited holy
tract. (Gaius, iii. 135, &c.) It consists in the places after a conviction for impiety (a'd~ca); aind
buyer agreeing to give a certain sum of money to all stuch as having incurred a partial disfranchisethe seller, and the seller agreeing to give to the ment (&,riza KcoaT.'rpdo'ratSv) presumed to exercise
buyer some certain thing for his money; and the their forbidden functions as before their condemnacontract is complete as soon as both parties have tion. Besides these, however, the same form of
agreed about the thing that is to be sold and about action was available against the chairman of the
the price. No writing is required, unless it be proedri (EisrTdasrs), who wrongly refused to take
part of the contract that it shall not be complete the votes of the people in the assembly (Plat.
till it is reduced to writing. (Dig. 44. tit. 7. s. 2; 2Apol. p. 32); against malefactors, especially tnurInst. 3. tit. 23.) After the agreement is made, the derers (which Schbmnann thinks was probably the
buyer is bound to pay his money, even if the thing course pursued when the time for an apagoge had
which is the object of purchase should be accident- been suffered to elapse); traitors, ambassadors
ally destroyed before it is delivered; and the seller accused of malversation (Isocrat. c. Callimz. 11);
miust deliver the thing with all its intermediate in- and persons who funlished supplies to the enemy
crease. The purchaser does not obtain the ownership during war. (Aristoph. Equit. 278; Andoc. De
of the thing till it has been delivered to him, and till Redite, 82.) The first step taken by the prosehe has paid the purchase money, unless the thing is cutor was to lay his information in writing, also
sold on credit. (Dig. 19. tit. 1. s. 11, ~ 2.) If he called endeixis, before the proper magistrate, who
does not pay the purchase money at the time when might be the archon or king archon, or one of the
it is due, Ihe must pay interest on it. The seller thesmothetac, according to the subject-matter of
Imsust also warrant a good title to the purchase tle information; but in the case of a malefactor
[EvrTIo], andcl he mlust also warrait that the (icatecoupyos) being the accused person, the Eleven
thing has no concealed defects, and that it has all were the officers applied to. It then became the
the good qualities which he (the seller) attributes duty of the magistrate to arrest, or hold to bail,
to it. It was with a view to check frauds in sales, the person criminated, and take the usual steps for
and especially in the sales of slaves, that the seller bring him to trial. There is great obscurity as
was obliged by the edict of the curule aediles to the result of condemnation in a prosecution of