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

4G60' ENECHYRA. ENGYE. this kind. Ileraldus (Animadv. inz Slas. iv. 9. and chattels as a security or compensation for non. ~ 10) ridicules the idea that it was invariably a compliance. (Dem. c. Meid. p. 540. 21; Ulpian, capital punishment. The accuser, if unsuccessful, ad loc.; Aristoph. Nubes, 35.) The property thus was responsible for bringing a malicious charge taken was called ivEXvpa, and slaves were gene(4eusv ous &eloeiEws vtrevfOvos). (Schimann, De rally seized before anything else. (Athen. xiii. Corn. p. 175, Att. Proc. p. 239, &c.) p. 612, c.) This "tak ing in execution" was usuThe endeixis, apcsgoge (a&raywyi7) and ephlqqesis ally left to the party who gained the suit, and who, (iqHys7yrLs) must be carefully distinguished. Pollux if he met with resistance in making a seizure, had says (viii. 49) that the eadleitis was adopted when his remedy in a 8iKs E'0oiXs: if with personal the accused was absent; the apygoge when he was violence, in a 8icat ableas. (Dem. c. Everyg. p. present; and we know that the apaqgoge was a 1153.) On one occasion, indeed, we read of a summary process, in which the defendant was al- public officer (tvrrrgp7-ls qrap&'rs apXrs) being lowed to apprehend a culllprit caught in ipso fa/cto taken to assist in, or perhaps to be a witness of, a and lead him before a magistrate. In case the seizure; bhut this was in a case where public incharge was ill-founded, the complainant ran the terests were concerned, and consequent upon a derisk of forfeiting 1000 drachmae. If he did not cision of the B3ovNt. (Id. c. Evegy. 1149.) The like to expose himself to this risk, he might have same oration gives an amusing account of what recourse to the eptseayesis (4Q9iSy-/os), in which he Englishmen would consider a case of "assault anid made an1 application to- the proper magistrate, trespass," committed by some plaintiffs in a deas, for instance, to one of the Eleven, if it were fendant's house, though the amount of damages a case of burglary or robbery attended with murder, which had been given (7 Ka'raaibc-l) was, accordilg and conducted him and his officers to the spot to agreement, lying at the bank (e7rl T?7'rpairv), where the capture was to be effected. (Comp. and there awaiting their receipt. Dem. c. Androt. p. 601.)' It seems probable, though we are not aware of The cases inwhich the apagoge and eptsepaesis were it being expressly so stated, that goods thus seized most generally allowedi, were those of theft, murder, were publicly sold, and that the party from whom ill-usage of parents, &c. The punishment in these they were taken could sue hIis opponent, perhaps by cases was generally fixed by law; and if the a aicV fAds71s, for any surplus -which might remain accused confessed, or was proved guilty, the magis- after all legal demands were satisfied. No seizure trate could execute the sentence at once, withnout of this sort could take place during several of the appaling to any of the jury-courts; otherwise, it religious festivals of the Athenians, such as the was necessary that the case should be referred to a Dionysia, the Lenaea, &c. They were, in fact, higher tribunal. (Aesch. c. Timzarch. c. 37; Dem. dies zon in Athenian law. (Dem. c. ife/id. p. 518; De Fals. Legat. p. 431.) The magistrates who Hudtwalcker, Diaet. p. 132.) [R.'W. presided over the Oapagoge were generally the Eleven ENGYE (eiyysli), bail or sureties, were in (o01 hrSEca, Dem. c. Timbcer. p. 736; Lysias, c. very frequent requisition, both in the private and Atorat. c. 85); sometimes the chief archon (Aesch. public affairs of the Athenians. Private agreec. Timarch. c. 64), or the thesmothetae (Dem. c. c. ments, as, for instance, to abide by the decision of Aristocr. p. 630). The most important passage arbitrators (Dem. c. Apatuur. pp. 892-899),or that with regard to the capeagoye (Lysias, c. A4/osat. the evidence resulting from the application of tor~ 85, 86) is unfortunately corrupt and unintelligiblle. ture to a slave should be conclusive (Dem. c. Pan(See Sluiter, Lect. Andocid. p. 254, &c.) The tuacn. p. 978. 11), were corroborated by the parties complainant was said ardyaEv'T1'rL &raywcy{jv: the reciprocally giving each other such sureties; and magistrates, when they allowed it, 7rapeEXo70ro the same took place generally in all money lending 7Tv a.' rarys'Z. [J. S. M.L or mercantile transactions, and was invariably neE'NDROMIS (e'Vapozls), a thick coarse blanket, cessary when persons undertook to farm tolls, taxes, manufactured in GauLl, and called " endromis " be- or otlher public property. cause those who had been exercising in the stadiunm In judicial matters bail or sureties were provided (is &pia,up) threw it over them to obviate the ef. upon two occasions; first, when it was requisite fects of sudden exposure when they were heated. that it should be guaranteed that the accused Notwithstanding its coarse and shaggy appearance, should be forthcoming at the trial; and secondly, it was worn on other occasions as a protection from when security was demanded for the satisfaction the cold by rich and fashionable persons at Prome. of the award of the court. In the first case, bail (Juv. iii. 103; Msart. iv. 19, xiv. 126.) Ladies was very generally required when the accused was also put on an endromis of a finer description (ea- other than an Athenian citizen, whether the action ds'ossidas Tyrias, Juv. vi. 246), when they partook, were public or private; but if of that privileged as they sometimes did, of the exercises of the class, upon no other occasion, except when propalaestra. Moreover, boots [COTEIURNUS] were ceeded against by way of Apagoge, Endeixis, called e'1vpowi'ues on account of the use of them in Ephegesis, or Eisangelia. Upon the last-mentioned rrmning. (Callim. tyt,2s..in Dian. 16, in Delazun, form being adopted in a case of high treason bail 230); Pollux, iii. 155, vii. 93; Brunck, 4nsal. iii. was not accepted. The technical word for requiring "OG.) [J. Y.-] bail of an accused person is 1caVresyyva, tllhat for ENECHYRA (E''Xvpa). In private suits at becoming surety in such case i4yyvao-Oat,. Surety Athens, whether tried by a court of law, or before of the other kind was demanded at the bcginning ssn arbitrator, whenever judgment was given against of a suit upon twvo occasions only; first, when a a defnldant, a certain period was at the same time citizen asserted the freedosm of a person detainled fixed (7 zrpoOn Eyurrt), before the expiration of which in slavery by another; and secondly, when'a litiit was incumbent upon him to comply with the ver- gant, Aw-ho had suffered judgment to go by default dict. In default of doing so he became u7rep7/u'spos, before the arbitrator (8ia'rlryrs), had recommenced or over the day, as it was called, and the plaintiff his action within the given time (/ut oo;a o isca). Swas privileged to seize upon ('iskeai')a0 his goods After the judgment, security- of this kind was re

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Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
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Smith, William, Sir, 1813-1893.
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Page 460
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Boston,: C. Little, and J. Brown
1870.
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Classical dictionaries

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