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

ENOIKIOU DIKE. ENTASIS, 41G qaired in all mercantile and some other private though with us the latter measure is considered causes; and state debtors, -who had been sentenced the more vexatious, as it increases the costs, and is to-remain in prison till they had acquitted them- rendered less necessary by the facility with which selves of their liabilities, were, by a law of Timo- executions can be levied. At Athens the eoWA,. crates (Dem. c. c. iiocr. pp. 712-716), allowed to &ich, as it was the ultimate and most efficacious go at large if they could provide three sureties remedy, drewwith it also more penal consequences, that the money should be paid within a limited as is explained under EMBATEIA. [Meier, Bitt. period. If the principal in a contract made default Proc. p. 749.) [C. R). K.] the surety was bound to make it good, or if he re- ENOMO'TIA (&VwYorTfa). [ExERCITsU.] fused to do so, might be attacked by an?syyv7s 8tri, ENSIS. [GLADIUS.] if such action were brought within a twelvemonth E'NTASIS (E'YTa-s). The most ancient coafter the obligation was undertaken. (Dem. c. lumns now existing are remarkable for the extreme A4patur. pp. 901,910.) If, however, a person accused diminution of the shaft between its lower and upper in a public action by one of the forms above men- extremity, the sides of which, like those of a cone, tioned failed to appear to take his trial, his bail converge immelrdiately and regularly from the base became liable to any punishment that such person to the neck, so that the edge forms a straight linehad incurred by contempt of court; and, consistently a mode of construction which is wanting ill grace with this, it appears, from a passage in Xenophon and apparent solidity. To correct this, a svelling (tell. i. 7. ~ 39), that the law allowed the bail to outline, called entasis (Vitruv. iii. 2, iv. 3), was secure the person of the accused by private con-. given to the shaft, which seems to have been the finement. (Meier, Att. Proc. p. 515.) [J. S. M.] first step towards combiiinig grace and grandeur in ENGUE'SIS (yyins-s). [MATRPIMONIUM.] the Doric column. E'NNATA ('fvva'a). [F uNvs.] The original form is represented by the figure on ENOIKIOU DIKE ('Votclou v ikc), action the left in the annexed woodcut, which is taken brought (like our trespassfor nzesue profits after a from the great temple at Posidonia (Paestum), successful action of ejectment) to recover the rents which is one of the most ancient temples now rewithheld from the owner during the period of his maining; that on the right shows the entasis, and being kept out of possession. If the property re- is from a building of rather later construction ill covered were not a house, but land (in the more the same city. Two othei' examples of the same confined sense of the word), the action for the style are still to be seen in Italy, one belonging to rents and profits was called icaprov &icLS. It seems an ancient temple at Alba Fucinensis (Piranesi, from the language of the grammarians, that these laifiagsi de' Romn. tav. 31. fig. 6), and the other actions could be brought to try the title to the at Rome, on the sepulchre of C. Publiciiis. (16. estate, as well as for the above-mentioned purpose. fig. 7.) Perhaps both the tenement and the intermediate profits might be recovered by one suit, but the proceeding would be more hazardous, because a failure in one part of the demand would involve the loss of the whole cause. Thus, the title of a party to. _ the land itself might have expired, as for instance where he held under a lease for a term; yet he Iwould be entitled to recover certain bygone profits I from one who had dispossessed him. Therefore it is not improbable that the 6icKam c. and Kap. might in practice be confined to those cases where the rents and profits only were the subject of claim. We are told that, if the defendant, after a judgment in one of these actions, still refused to give satisfaction, an ousera - ia c might be commenced l against him, of which the effect was, that the plaintiff obtained a right to indemnify himself out of the whole property of the defendant. Schmianais observes, that this was a circuitous proceeding, when the plaintiff might take immediate steps to execution by means of entry and ejectment. His conjecture, however, that the ovceias aitrrc was in ancient tintes an important advantage, when real property could not in the first instance be taken in execution, is probably not far from the truth, and _..._ is supported by analogy to the lawvs of other nations, which, being (in the infancy of civiliza- In the example at Paestum the greatest deviation) framed by the landorwners only, bear marks tion which the curved edge of the column makes of a watchful jealousy of any encroachment upon from the straight line of the cone of which the their rights. Hle remarks also, that the giving to pillar may be considered as a part, is at about the the party the choice between a milder and a mlore middle of the height, but it still keeps within the stringent remedy, accords with the general tenor line of a perpendicular drawn from the circunferand spirit of the Athenian laws. We may add, ence of the base; or, in other words, the column that our own law firnishes an illustration of this, is thickest at the base: both these properties are viz., where the plaintiff has obtained a judgment, clearly shown by the dotted lines in the woodcut. he has the option of proceeding at once to execu- (Comp. Stieglitz, Arcluiol. d. Baukzunst, vol. i. tion, or bringing an action on the judgment; p. 161.) [A. I/.]

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Title
Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
Author
Smith, William, Sir, 1813-1893.
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Page 461
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Boston,: C. Little, and J. Brown
1870.
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Classical dictionaries

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"Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood." In the digital collection Making of America Books. https://name.umdl.umich.edu/acl4256.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2025.
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