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[German version] (ἄμβλοσις; ámblosis).  Abortion, recommended by Plat. Pol. 461c and Aristot. Pol. 1335 b 25 under certain circumstances, besides abandonment of the newborn, but regarded in Greece in general opinion as reprehensible (Hippoc. 4,630,9 f.). However, there is no evidence of amblosis as a punishable offence in the area of either Greek or (see, however, Cic. Clu. 32) Graeco-Egyptian law.  Abortio;  Abortion Thür, Gerhard (Graz) Bibliography E. Cantarella, L'ambigno malanno, 21985, 66 f.

[German version] As with the koine in Greek historical linguistics, legal koine (LK) refers to a phenomenon of Hellenism analyzed by legal history after the event: the spontaneous merging of various Greek legal concepts, especially in Ptolemaic Egypt. Institutions of different poleis ( Polis) blended there in the legal world through the mingling of elements of the Greek population among each other [4. 140] without the authorities working towards unity (in this way also in [3. 50 f.]). As examples…

[German version] (βιαίων δίκη; biaíōn díkē). A private action that could be brought in Athens against robbery, rape of a free person (male or female), or abduction of a free person for the purpose of illicit sexual relations. In the 6th cent. BC Solon had established a monetary fine for this offence; later, on grounds of public interest, the fine paid to the injured party was accompanied by one of the same amount to the state. Thür, Gerhard (Graz) Bibliography D. Cohen, Law, violence, and community in classical Athens, 1995.

[German version] A term used in modern scholarship, from Ancient Greek law. Hans Julius Wolff (1902-1983; obituary [4]) discovered in the contract law of the Greek poleis and Hellenism a fundamental doctrinal concept, which departs in essential respects from modern conceptions modelled on Roman law: it is not the consensus between the parties to an agreement that creates the right to claim on the part of the 'creditor' and the liability on the part of the 'debtor', but, indirectly, the felony of injury (βλάβη/ blábē) against the creditor’s assets occasioned by the debtor’s beha…

[German version] (ἀσυλία; asylía). Protection of persons and things, at first within the sanctified precincts of the ἱερὸν ἄσυλον ( hieròn ásylon). The foreigner, ξένος ( xénos), was in especial need of asylia because he was subject to another legal jurisdiction, and had to obtain legal protection in the host country in order to be safe from violent attack. In this connection cf. the bilateral agreement between Oeanthea and Chalium in c. 450 BC [1; 2]. It is possible that all secular asylia and even the μετοικία ( metoikía) had their origins in the sacral asylia. [3; 4]. Thür, Gerhard (Gra…

[German version] (ἕδνα/ hédna, ep. ἔεδνα/ éedna). Common only in the collective plural, in Homer they are the bridegroom's  presents to the bride's father (idea of the ‘purchase marriage’) or to the bride herself (similar to the Germanic jointure). Differently to Hom. Od. 1,277 and 2,196: endowing of the bride by her father (related to the   parápherna or the   phernḗ ), sometimes also to be interpreted as a ‘dowry’ (  proíx ). Unclear: Od. 2,53 (verb); Il. 13,382 (deverbative noun). Presumably, the hedna is based on the archaic idea of arranging social relationships by means o…

[German version] (φερνή; phernḗ). Movable goods brought by the wife into the marriage as 'dowry' (φέρειν, phérein), were known throughout the Greek world as pherne. The pherne needs to be distinguished from the προίξ ( proíx ), i.e. the dowry mainly comprised of plots of land and slaves, which was common in the Greek poleis. The lines between these concepts were blurred through the valuation of the ammount to be returned in terms of money, though the two terms cannot be regarded as synonyms [1. 2040f.]. Classical Greek authors used the term pherne only when referring to mythical and n…

[German version] (ἔνδειξις; éndeixis). Literally ‘charge’: in Athens the endeixis was a special form of public intervention by a private person that resulted in the immediate arrest of the accused or an order for a material surety by the head of the court (the ‘Eleven ’, the Árchōn Basileús or the thesmothétai;  archontes). It was permissible against persons (state debtors, exiles and átimoi ( atimia) who visited places (their home town, the public assembly, council, courts, sanctuaries, the market) that they were forbidden to visit by law or popular resol…

(διάλυσις; diálysis). [German version] [1] Procedural law The procedural law of the Greek states was based on the principle of the reconciliation of both parties involved (διαλύειν, dialýein). Only after the failure of that step a formal verdict was to decide on the matter. Dialysis proceedings thus constituted the first procedural step in ‘preliminary proceedings’, irrespective of whether heard by a magistrate (  anákrisis ) or by public or private   diaitētaí , in international arbitration or in proceedings heard by ‘foreign judges’ called from one or more cities to decide on a case. T…

[German version] (ἀγαμίου δίκη; agamíou díkē). In Sparta a criminal action which could be raised by anyone against someone who after reaching a certain age had not married (Plut. Lyc. 15). By means of this action an indirect compulsion to marry was exercised, as the transgressor was threatened with partial cancellation of citizen's rights. The charge may have occurred elsewhere in the domain of Doric law (cf. Str. 10,482), but there is no evidence of it in Athens. If Plato's intention (Lg. 721b; 774a…

[German version] (σίτου δίκη; sítou dík ē). Literally a 'claim' for maintenance in the form of 'grain' or 'bread'. In ancient Athens, a man who, after engýēsis (establishment of husband's rights) but before cohabitation ( ékdosis [1]) with the woman concerned, had already received the dowry ( proíx ), or retained the dowry after dissolution of the marriage, had to pay the woman annual maintenance amounting to 18 % of the value of the dowry (1.5 % per month). The kýrios ('head of household') might levy sitou dike for a woman in his charge, or take up δίκη προικός ( díkē proikós, 'dowry procee…

[German version] (κατακρημνισμός; katakrēmnismós). Archaic form of capital punishment by throwing the victim from a rock (at Athens into the Barathron, at Delphi - because of hierosylía - from the Hyampic Rock, in Sparta into the Caeadas). Later denounced as particularly cruel. The punishment by katakremnismos was regarded as a cultic sacrifice; if the victim survived the fall, he was exempt from further punishment. Thür, Gerhard (Graz) Bibliography G. Thür, Die Todesstrafe im Blutprozeß Athens, in: The Journ. of Juristic Papyrology 20, 1990, 143-155.

[German version] (ἀναδικία; anadikía). The principle that a case decided by a court could not again be the subject of a court case (for Athens Demosth. 24,54) was breached in individual cases in Greek law. In default proceedings and in some cases after a successful action for false witness, δίκη ψευδομαρτυρίων ( Pseudomartyrian dike), it was possible to open new proceedings, anadikia. According to a scholion to Pl. Leg. 937d this concerns cases on citizens' rights, testimony litigation itself and inheritance suits. Plato, in contrast to the law of Athens, generally envisages anadikia …

[German version] (δικάζειν; dikázein). The word (approximately: ‘to exercise a right’) is associated with the ending of a dispute with a sentence. Whether the sentence was originally passed by an ‘arbitrator’ who was consensually appointed by both parties is highly questionable. Rather, dikazein in the early period was the activity of a council of elders or of an official (  dikastḗs ) that was at least rudimentarily provided with state authority. In what form this dikazein would occur is also uncertain: either an official decided in the matter on his own or a formal p…

[German version] (κακηγορία; kakēgoría), verbal insult, an offence in Athens since the period of Solon (6th cent. BC). Deceased persons were always protected, living persons only in the case of defamation in public (Plut. Solon 21; Dem. Or. 20,104). The insulted person could file a private complaint ( dike), but had to share the compensation fine with the state. In the 4th cent. BC, all prohibited insults were recorded on a list (e.g. murder, striking the parents, throwing away the shield), but the…

[German version] (Ἔγκτησις; Énktēsis). In the Greek states the acquisition of property was reserved to citizens. Individual foreigners were granted the privilege of énktesis, the right to acquire ‘land’ or ‘a house’ (or both) by a popular resolution. In Athens some   métoikoi were thus provided, generally perhaps the   isoteleís . In the Doric area the term ἔμπασις/ἴμπασις ( émpasis/ ímpasis) was used instead of enktesis. Thür, Gerhard (Graz) Bibliography J. Pečirka, The Formula for the Grant of E. in Attic Inscriptions, 1966  A. R. W. Harrison, The Law of Athens I, 1968, 237f.  A. S. H…

[German version] (ὁμολογία; homología), literally ‘speaking the same way’, describes in Greek colloquial language simple oral consent or agreement. In the legal sense homologia was soon also used for written agreements (  syngraphḗ ,   synthḗkē ). The legal connection with the homologia originated, as can be seen in Athens, in the preliminary procedural concession of individual assertions of the opponent. In the preliminary procedure (  anákrisis , see   diaitētaí [2]) the parties had the duty to answer each other's questions (Dem. Or. 46,10). Answering such a que…

[German version] (προεισφορά/ proeisphorá, 'property tax advance'). Because the eisphorá ('property tax') in Athens yielded necessary funds too slowly in times of crisis, a liturgy [I B] to 'give an advance' as a proeisphorá on the whole of the sum to be raised, without interest, was imposed (presumably before 362 BC) on the 300 richest citizens of the city. Deducting their own contributions, they could at their own risk collect the proeisphorá from fellow members of their symmoría (tax bracket). The proeisphorá is attested also of other  democratic poleis  (e.g., Priene and Lindus…

[German version] A. Definition and sources Strictly speaking, the correct term is ‘Athenian law’ (AL), because ‘Attic’ designates the landscape, dialect, art and culture, while Athens, by contrast, refers to the polis and the state; but in German scholarship the designation ‘Attic law’ has been used since the beginning of the 19th cent. when philologists and jurists occupied themselves increasingly with investigating the trials and law of Athens after the issuance of a prize question by the Royal Aca…

[German version] (κλητήρ; klētḗr). On the basis of the word, a person who has to do with the summons to legal proceedings ( klḗsis, prósklesis ). 1. In the Delian League, state-appointed klētḗres summoned people to legal proceedings that were held in conjunction with the tributes (IG I3 21,42 and 68,48/49: 426/5 BC; 71,39: 425/4 BC). 2. In civil proceedings the summons were a matter for the plaintiff. In Athens two klētḗres were as a rule consulted in this regard (detailed regulation outlined in Pl. Leg. 846c) whose names were noted on the statement of claim. If th…

[German version] (ὑποβολῆς γραφή; hypobolês graphé). Civil suit against a person who was passed off as the child of a citizen. Such false children, usually bought as slaves, are frequently mentioned in Attic court speeches and  comedies: childless women attempted to consolidate their position in the household in this manner, but hypoboles graphe is only known from the Lexica Segueriana V [2]. The penalty for being a false child was being sold into slavery. Thür, Gerhard (Graz) Bibliography 1 I. Bekker (ed.), Anecdota Graeca I, 1814/1865, 311 2 Lipsius, 417.

[German version] Literally ‘surplus’ (τὰ ὑπέροχα, tà hypérocha, or ἡ ὑπεροχή, hē hyperochḗ), technically it designates the extra value by which the value of the secured object exceeds the amount of the secured debt, Latin superfluum. As the Greek pledge is to be understood strictly as a lapsed pledge (cf.   hypothḗkē ), it necessitated special contractual or judicial regulations if the extra value was intended to serve as security for a further creditor or return to the security debtor following sale of the security. Multiple m…

[German version] (Δώρων γραφή; Dṓrōn graphḗ) . In Athens, the charge of corruptibility (Poll. 8,42), also including the corruptibility of a judge. Active bribery in connection with jurisdiction was prosecuted with   dekasmoû graphḗ . The offence consisted in presents given to, and accepted by, officials, among whom the lawyers in public and private trials were also counted (Dem. Or. 46,26), to the detriment of the state (Lys. 21,22: ἐπὶ τῆς πόλεως κακῷ; Dem. Or. 21,113: ἐπὶ βλάβῃ τοῦ δήμου). The charge was filed in lighter cases with the   logistaí , in graver cases with the   thesmothêtai …

(ἔρανος; éranos). Etymology uncertain; the word originally meant ‘a meal for friends’ (Hom. Od., Pind.). The cost was borne in common by the participants. Collections made among friends in order to present a gift to one of them were also called éranoi; to give gifts in return was merely customary, not a statutory obligation (Theophr. Char. 17,9). Two legal institutions developed on this basis: [German version] [1] Collective fund A kind of collective wealth. Funds ( eisphoraí) collected by a group of individuals ( plērōtaí, Dem. Or. 21,184f.) were applied to a particular purpos…

[German version] (ὑπωμοσία; hypōmosía). In Athens there were two types of sworn statements: 1. in the court proceeding one party could apply in person or through a representative for sojournment (Dem. Or. 48,25f.; schol. Dem. Or. 21,84) if there was significant cause, such as travel or funerary duties. The opponent was able to dispute this with a ἀντωμοσία ( antōmosía, counter-oath). 2. If an application was deliberated in the council (  boulḗ ) or the popular assembly (  ekklēsía ), every citizen was able to declare through a hypomosia that he would bring a suit against the applic…

[German version] (κλοπή; klopḗ). Theft, misappropriation and receiving stolen goods. Robbery, misappropriation of temple property ( hierosylía ) on the one hand and pickpocketing by people doing general damage ( balantiotómoi , kakoúrgoi ) on the other hand was distinguished from klopḗ in Athens. Klopḗ of private property could be prosecuted by díkē only by the victim of the theft; a graphḗ on the grounds of klopḗ of state property is unlikely, as there were other processes ( eúthynai , eisangelía ). A thief at night could be killed without incurring punis…

[German version] (ἀντιτίμησις; antitímēsis). If the law in Athens had not already fixed the penalty in advance in public trials (ἀγῶνες ἀτιμητοί,   atimetos agon), but type and level had been left to the discretion of the court (ἀγῶνες τιμητοί,   timetos agon), the plaintiff had to estimate the suit when the plea was submitted. After being convicted, the defendant could then, in a second hearing on the sentence, file a counter-submission on the level of the sentence ( antitimesis). The judges had to choose between these two submissions for sentence. Thür, Gerhard (Graz) Bibliography A. R.…

(δικαστήριον ; dikastḗrion). A. Athens [German version] 1. Court site There were two types of court sites, those at which homicidal crimes were judged (φονικά, phoniká) and those at which other public or private suits were negotiated. The former, of which there were five, were at the edge of the town for ritual reasons and had no roof to avoid being tarnished by the accused (Antiph. 5,11; Aristot. Ath. Pol. 57,4) while the latter were at the market or in its immediate vicinity. Except for the two largest ones, the Hēliaía (Ἡλιαία) and the site of the   ekklēsía (ἐκκλησία), they had a roof. The pho…

[German version] (ψευδοκλητείας γραφή; pseudoklēteías graphḗ). In Athens, the summons to a trial ( prósklēsis ) was conducted privately in the presence of summoning witnesses ( klētḗr ). Anyone who did not appear before the judicial magistrate on the scheduled date despite a properly witnessed summoning was convicted in absentia. If he was able to prove exculpatory reasons, a reopening of the matter ( anadikía ) was possible; if the plaintiff called in false klētḗres, any citizen (see graphḗ ) could prosecute them with PG. The thesmothétai were responsible, the…

[German version] (βεβαίωσις; bebaíōsis). In legal transactions involving the transfer of possession of an object, i.e. purchase contracts [4. 115f.], contracts governing transfer of use (μισθώσεις, misthṓseis [3. 141; 4. 122]) and arrhal contracts connected with παράδοσις ( parádosis), bebaiosis signifies the undertaking by the previous owner to the new owner not to interfere with the latter's acquired right of possession (in the papyri: μὴ ἐπελεύσεσθαι, mḕ epeleúsesthai), and to defend that right against third parties [1. 357, 360, 444]. In the event that t…

[German version] (Δεσποτεία; Despoteía). In Greek ‘rule’ (from δεσπότης, despótēs, lord) did not initially have a specific legal meaning. The expression referred to the relationship in which the lord ruled over his slaves based on tradition (Aristot. Pol. 1253b) or in the political sense to despotism (Pl. Leg. 698a). Despoteia first appeared in Ptolemaic papyrus documents as the power of disposal possessed by the owner (BGU 1187,32, 1st cent. BC), together with the term kyrieía already used in the Greek city states. It was only in Roman Egypt that despoteia became a permanent compon…

[German version] (εἰσαγγελία; eisangelía). In Athens, eisangelia, in the technical sense, refers to a type of public complaint in criminal matters from Solon's times (Aristot. Ath. Pol. 8,4.). Eisangelia designates the statement of claim (Lycurg. 34,137) as well as the proceedings it institutes. The charges were submitted in writing and argued in detail. The proceedings went through a series of changes over the course of time. Originally, they were designed for criminal acts not covered by the laws. Later, the criminal act…

[German version] (ἐπιδικασία; epidikasía). In Athens, the legitimate natural sons of the testator or those adopted during his lifetime (  eispoíēsis ) could claim their inheritance through the simple act of   embateúein , but outside heirs needed an epidikasia decree from the archon to do so ( Archontes [I]). This arrangement, similar to the granting of the Roman   bonorum possessio , authorised the applicant to come into the inheritance, but did not exclude the possibility of a later court decision regarding the right of succession of another pretender (  diadikasía ). Similarly, the   e…

[German version] (xρῆσις; chrêsis). Literally ‘make use (of)’, but also ‘place (something) at (somebody's) disposal’, embracing the modern senses of loan (the meaning ‘oracle’ can be disregarded here). For loan transactions, already in Athens chresis alternates with the narrower, technical term   dáneion (Dem. Or. 49,6; 7; 17; 21; 44; 48). Chresis Thür, Gerhard (Graz) Bibliography H.-A. Rupprecht, Unt. zum Darlehen im Recht der graeco-ägypt. Papyri der Ptolemäerzeit 1967, 6ff. Id., Einführung in die Papyruskunde, 1994, 118.

[German version] (ἐμπορικοὶ νόμοι; emporikoì nómoi). The Athenian laws on maritime trade, grouped systematically on the basis of their subject matter (not, as was customary, according to the jurisdiction of individual authorities) (Dem. Or. 35,3); in particular, they probably laid down strict provisions for the protection of the city's grain supplies. They covered aIso speedy judicial process ( Emporikai dikai) and the avoidance of frivolous complaints against traders and shipowners (Dem. Or. 58,10f.). Thür, Gerhard (Graz) Bibliography E. E. Cohen, Ancient Athenian Marit…

[German version] (μοιχεία; moicheía). In Greek law, clandestine sexual intercourse with a free, respectable woman against the will of her kýrios (II.). It was therefore not only a matter of “adultery” but of wounding of the family honour; the closest male relative of an unmarried woman was also insulted. Only the head of the household ( oíkos ) was meant to decide on a woman's sexual matters, family relationships and descendants. If a man invaded this relationship, he fell victim to private revenge. If he was caught in the act, (Lys. 1,30; 13,66), the kýrios or his closest male relative…

[German version] (ἑταιρήσεως γραφή; hetairḗseōs graphḗ). In Athens, popular charge to be brought before the  Thesmothetai against men who held a public office or appeared before the council or the public assembly as orators, in spite of their willingness to engage in homosexual intercourse for money (Aristoph. Plut. 153; Dem. Or. 22,23.29; Aeschin. 1,19f.; 1,29; 1,51; 1,72; 1,87). The law (Dem. Or. 22,21) allots capital punishment and is also directed against a father or guardian who has prostituted his son or ward. Non-citizens were not subject to this rule.  Prostitution Thür, Gerh…

[German version] (ὠνὴ ἐν πίστει/ ōnḕ en pístei, literally 'purchase on trust') in Graeco-Egyptian law describes a real security corresponding to 'assignment by way of security' (beside enéchyron, pawning, hypothḗkē and hypállagma ). In papyri, OEP dogmatically corresponds to ancient Greek prā́sis epì lýsei . The seller (= loantaker) sells to the buyer (= loangiver) a thing at a price which corresponds to the size of the debt. The object purchased serves as security for the debt, on the payment of which, ownership ( kyrieía, see Kýrios II.) reverts to the seller. This is the conse…

[German version] (ἀτιμία; atimía). Dishonour in the sense of abrogation of rights of citizenship; it had to be declared in court in order to have legal effect. Atimia may be the set punishment for certain types of offence (desertion, corruption of officials, a third instance of bearing false witness, abuse of parents et al.), or declared in the course of   dokimasía (personal examination) prior to the appointment of officials, when ἐπιτιμία ( epitimía, citizenship) is examined. Epitimia may be annulled in the case of mental illness, profligacy or prostitution. Infringeme…

[German version] (μνήμονες/ mnḗmones). Literally ‘memorizers’; the term goes back to the pre-literary era (from c. 700 BC) and refers to the keeper of the archive of a Greek polis, usually called γραφεύς/ grapheús, ‘writer’. (In a sacral context Aristot. Pol. 1321 b 34 lists hieromnḗmones as well). The term κατάκοοι/ katákooi, ‘‘listener’’ [2. 218], goes back to the pre-literary era as well, whereas the term ποινικαστάς/ poinikastás, ‘‘someone who knows the Phoenician letters’’ [1. 180 f.], attests to a nascent literacy. Since the 5th and 4th cents. BC, mnḗmones have been docu…

[German version] (τιμή/ timḗ, literally 'honour', 'esteem'), is used in Attic law in two aspects. (1) In the Archaic period a killer could stave off the victim's relatives' right of revenge by paying weregeld ( time, fine) in accordance with an agreement of conciliation ( Aídesis ). However, somebody killed lawfully, in self-defence or retribution for an unlawful act, or for breaching a ban, would remain 'unavenged' (ἄτιμος/ átimos), and their relatives could not claim a time [3. 101; 2. 99]. In later atimía , deprivation of civic rights, the idea of payin…

[German version] After the conquest of Egypt by Alexander [4] the Great (331 BC), the native population continued to live with its traditional legal concepts as they are preserved in documents ( Demotic law) and perhaps laws ( Codex Hermopolis). The elite of Ptolemaic Egypt, which originated from Greek mercenaries and immigrants, regulated its private affairs according to its own concepts that had merged into a legal koine. Only the Greek towns of Naucratis, Alexandria [1] and Ptolemais [3] ha…

[German version] (πρυτανεῖα/ p rytaneîa). At Athens (also at Miletus and Ilium), the court fees to be paid in advance by both parties to an action, but which the loser then forfeited to the winning party, were called prytaneîa. Prytaneîa were to be paid in most private cases (however, in inheritance cases, the parakatabolḗ was prescribed); in public cases, generally the παράστασις ( parástasis). The prytaneîa ran 3 drachmai for a contested value between 100 and 1,000 drachmai, 30 drachmai above that threshold, with no prytaneîa paid below the 100 drachmai threshold. It is uncertain wh…

[German version] (προστιμᾶν/ prostimân), 'additional penalty' available to the plaintiff. In Athens in cases of theft (Klope) courts had the option of imposing loss of honour in addition to a fine. The thief would be locked in the stocks for five days and nights and placed in the pillory (Lys. 10,15; Dem. Or. 24,114 and 146). Presumably prostimân happened in a third vote, after the jurors had voted on guilt and the fine. Thür, Gerhard (Graz) Bibliography A.R.W. Harrison, The Law of Athens, vol. 2, 1971, 177  D. Cohen, Theft in Athenian Law, 1983, 62.

[German version] (Δατηταί; Datētaí). ‘Dividers’, i.e. private arbiters in Athens, chosen by the parties, who presided over disputes amongst joint heirs. The procedure was initiated by private litigation for a division into shares, δίκη εἰς δατητῶν αἵρεσιν (Aristot. Ath.Pol. 56,6), against a joint heir who objected to a compromise. Usually, the archon was responsible for accepting the litigation while the Polemarch was responsible in exceptional cases if the litigation was directed against a metic (…

[German version] (εἴσπραξις; eíspraxis). ‘Collection’ in the largest sense; in Athens, for instance, it was the collection of tribute payments for the naval alliance (IG II2 1273, 24), in Egypt that of all taxes, but also of private debts ( Praxis). Thür, Gerhard (Graz)

[German version] (εἰσαγωγεύς; eisagōgeús). Every office holder who was entitled to preside over a court in Athens ( Archontes) was responsible for introducing (εἰσάγειν , eiságein) his subjudice cases into a law court (  dikastḗrion ) and, concerning this act, was also referred to as eisagogeus. In a narrower, technical sense, the eisagogeus was part of a five-member collegium which was entitled to preside over certain urgent legal affairs (Aristot. Ath. Pol. 52,2). In Ptolemaic Egypt, the eisagogeus was a permanent official of Greek nationality and nominated by the kin…

(πρᾶξις; prâxis). [German version] [1] Execution of a court decision Legal term for the execution of a monetary decision in a Greek private lawsuit ( d íkē [2]), which in Athens was the affair of the successful creditor and was termed prâxis generally (And. 1,88) and also in the text of contract documents (Demosth. Or. 35,12). The usual word for 'execution' was εἰσπράττειν ( eispráttein) (Demosth. Or. 47,33; 47,37; 47,41; 57,63; 57,64). Prâxis was not allowed against the person of the debtor, but merely permitted the seizure of items of his property ( enechyrasía ). For prâxis in the Secon…

[German version] (παράκλητος/ paráklētos, literally 'one who has been called in support'). In Athens, litigants fundamentally had to present their own case, mostly supported by related persons, who took up the word in front of the courts in support ( sýndikos , synḗgoros ). A practice developed (Xen. Mem. 4,4; Pl. Ap. 34c; Pl. Leg. 934e), whereby the accused, who in the epilogue to his defence oration made an appeal for acquittal to the jury, 'called out' his wife, parents, children, relations or influential friends, i…

[German version] (πρόσκλησις; prósklēsis), the summons, the 'call to court'. At Athens, it took place by a private action, with the plaintiff informing the respondent of the claim ( énklēma ) and the date on which he was to present himself before the magistrate of the court. The prosklesis had to be made before one or two witnesses to the summons ( klētḗr ), whose confirmation of the proper prosklesis was required as a condition for a default judgment in the event of the respondent's non-attendance, and who were liable to pseudoklēteías graphḗ ('action for making a f…