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Prytaneia

(170 words)

Author(s): Thür, Gerhard (Graz)
[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…

Prostiman

(91 words)

Author(s): Thür, Gerhard (Graz)
[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.

Datetae

(140 words)

Author(s): Thür, Gerhard (Graz)
[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 (…

Eispraxis

(45 words)

Author(s): Thür, Gerhard (Graz)
[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)

Eisagogeus

(138 words)

Author(s): 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…

Praxis

(262 words)

Author(s): Thür, Gerhard (Graz)
(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…

Parakletos

(156 words)

Author(s): Thür, Gerhard (Graz)
[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…

Prosklesis

(120 words)

Author(s): Thür, Gerhard (Graz)
[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…

Proix

(734 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προίξ; proíx). Etymologically 'gift bestowed with an open hand' (in the epics known only in the genitive in the sense of 'free'), in the agnatic family order of Greek poleis proíx denotes the 'dowry' (in contrast to the phernḗ of small families in Hellenistic-Roman Egypt). It is not before the 3rd cent. AD (precursor FIRA I2 58,25; AD 68) that proíx occurs as a translation of the Roman dos . The legal structure of the proíx is best known from Athens (on the Hellenistic inscriptions from Myconos, Tenos, Amorgos, Naxos and Syros cf. [6. 135-137, 149 f.])…

Misthosis

(1,611 words)

Author(s): Thür, Gerhard (Graz)
(μίσθωσις; misthōsis). [German version] A. General Similar to the Roman locatio conductio , the Greek misthosis comprises a series of remunerated transactions in which one person transfers things (or a person) to another person for use, so that a particular outcome is achieved, or commits themselves to providing labour or a service. The current (Romanist) classification of these transactions into rent/lease, work and service agreements is too coarse for misthosis because Greek contract practice developed suitable special regulations depending on the specific facts…

Exoules dike

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐξούλης δίκη). In Athens, a charge of ‘expulsion’ was a criminal charge. It was available to privileged claimants (e.g. the successful creditor in a lawsuit) against debtors who resisted, by formally expelling the creditor, the justified seizure of property by the creditor's formalized use of force. The expelled party could raise the charge of e.d.; if he could justify his action, the expeller was sentenced to a fine of double the value of the land. It was divided between the claimant and the state, in accordance with a law of  Solon's. Thür, Gerhard (Graz) Bibliography E.…

Dosis

(150 words)

Author(s): Thür, Gerhard (Graz)
[German version] The noun is derived from διδόναι ( didónai) ‘to give’ and like the verb has no specific legal meaning. The legal institutions gift and endowment are quite inadequately covered by the term dosis : the Attic orators use διδόναι ( didónai) and διατιθέναι ( diatithénai;  Diatheke) alternately when they justify testamentary gifts of money from Solon's law. In the large law inscription of Gortyn, didónai means ‘to bestow’ (col. IX 15-30, with legal limitations). When setting up an endowment, ‘giving’ naturally plays an important role, but it depends…

Paranomon graphe

(326 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρανόμων γραφή; paranómōn graphḗ). 'Action for improper legislation'. It was presumably only after the time of Pericles that there was introduced in Athens a public action ( graphḗ [1]) that could be raised within a year by a citizen without prior convictions against anybody who had proposed in the Assembly ( ekklēsía ) a resolution that contravened procedural prescriptions or an existing law. The thesmothetairchontes I.) had jurisdiction, and the dikastḗrion (on one occasion even packed with 6,000 jurors, Andoc. 1,17; 415 BC…

Parapherna

(500 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παράφερνα; parápherna), literally 'items of property given alongside the dowry (‘ phernḗ ’)', in the Graeco-Roman world signified a variety of legal institutions, in all cases separate property belonging to the wife. In the laws of the Greek poleis women were fundamentally capable of owning property, however, they were often limited in their capacity to enter business transactions. Their goods were inherited in a different way than those of men ([8. 26-130; 5. 64-70], see IPArk No. 5, ll. 4f.: πατρῶια/ματρῶια, patrôia/ matrôia, paternal/maternal property) s…

Koinonia

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κοινωνία; koinōnía) is the general Greek term for any type of human community such as a state, association, commercial company, or community of heirs or joint owners. Regarding associations, a law by Solon is transmitted in Dig. 47,22,4, Gaius 4 ad legem XII tab. (= Solon fr. 76a Ruschenbusch), while societies and communities are mentioned only occasionally in the Attic sources. In the papyri, koinonia refers to the Roman societas as well as to communio. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens I, 1968, 240-242 A. Biscardi, Diritto greco a…

Parakatabole

(153 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρακαταβολή; parakatabolḗ). Literally the payment of a sum of money ( parábolon ), it was used in Athenian law to denote a number of payments which the parties had to make at the start of a lawsuit ( prytaneía ). Especially in in lawsuits about inheritance and in those concerning confiscated goods, the pursuer had to deposit one tenth, sometimes one fifth of the value of the dispute, which was forfeited to the State, sometimes to the successful litigant (disputed) if he lost the case. The purpose of this was similar to the epōbelía that had to be paid…

Parapresbeias graphe

(122 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παραπρεσβείας γραφή; parapresbeías graphḗ). Public action ( graphḗ ) against envoys (s. presbeía ) who had foresaken their duties. Many examples from Athens are known; the PG of Demosthenes [2] (Demosth. Or. 19) against Aeschines [2] (Aeschin. Or. 2) is famous. Punishable offences included, for example, transgression of official capacity, false reporting, unauthorised actions, receiving foreign envoys against the wishes of the council and the people, or the receiving of gifts ( dṓrōn graphḗ ). The accuser could also raise a claim of eisangelía . The eúthynoi ( eúthy…

Synomosia

(73 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συνωμοσία; synōmosía). Legally barely definable 'oath community', which occurs throughout Greek areas among private individuals, in cult, the army, politics and judiciary ( Hetairía [2]), and also in inter-state relations; used in the Roman period as a translate factio or coniuratio (FIRA I2 Nr. 68, Z. 7, first Cyrene edict on praevaricatio ). Thür, Gerhard (Graz) Bibliography E. Seidl, s. v. S., RE 4 A, 1445-1450  L. Rubinstein, Litigation and Cooperation, 2000, 204-208.

Kratesis

(137 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κράτησις; krátēsis) denotes in Greek civil law the actual power over an object, allowing physical access to it, comparable to ownership, but not understood technically in the sense of the Roman p ossessio (the Greeks knew neither possession by prescription ( usucapio ) nor a special ownership protection by interdictum ). Kratesis was exercised, for example, by the creditor on the mortgaged object, even if this had remained with the debtor, and likewise by the tenant on a leased property. A person having the kratesis on an object was not allowed to dispose of it,…

Daneion

(318 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δάνειον; dáneion). The  loan, limited assignment of fungible goods (in kind or money) was an everyday way of doing business throughout the regions inhabited by the Greeks. It took place between private individuals as well as in public life. The lenders were often banks or temples and the borrowers often states, which often also owed debts to private individuals (e.g. IG VII 3172: Orchomenus is indebted to Nicareta). This practise was generally known as daneion, but sometimes   chrḗsis was used; the   eranos loan is a special type. The daneion was set up with a fixed r…

Chrematistai

(100 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Χρηματισταί; Chrēmatistaí). In the Egypt of the Ptolemies, judges delegated by the king to try fiscal and civil cases for all sectors of the population. They were probably introduced in the 2nd cent. BC. The courts had jurisdiction over an individual nome, or several in combination. In the provinces the chrematistai courts lapsed during the early part of the Roman Empire; in Alexandria they are attested into the 3rd cent. AD, with a somewhat modified range of functions. Thür, Gerhard (Graz) Bibliography H. J. Wolff, Das Justizwesen der Ptolemäer, 21970 H. A. Rupprech…

Diomosia

(281 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Διωμοσία; Diōmosía). At least from the time of Dracon (before 600 BC) Athenians of both parties and their helpers (witnesses) were obliged to swear a solemn oath, the diomosia, to the archon basileus during the official preliminary hearings ( prodikasíai) for murder trials. The prosecutor swore (while calling upon the goddesses of revenge and other deities) to his right of prosecution at the risk of his own person, lineage, and house, and to the fact that the defendant really had committed the crime (Antiph. 6,16; Dem…

Adikema

(68 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀδίκημα; adíkēma). Non-technical term for an illegal act committed intentionally on a private person (Aristot. Eth. Nic. 1135 b 20 f.; Rhet. 1374 b 8); if adikema was associated with damage to property, it led to a   blabes dike . Sometimes the unlawfully gained property is also referred to as adikema (Pl. Leg. 906d). In the papyri: marital misconduct, violent affront, peculation. Thür, Gerhard (Graz)

Balantiotomoi

(34 words)

Author(s): Thür, Gerhard (Graz)
[German version] (βαλαντιοτόμοι; balantiotómoi). ‘Cutpurses’ (pickpockets) were pursued in Athens on the basis of the νόμος τῶν κακούργων ( nómos tôn kakoúrgōn) with   apagōgḗ (‘leading away’) and punished with death. Thür, Gerhard (Graz)

Paratilmos

(199 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρατιλμός/ paratilmós, literally the removal of hair), a measure employed against an adulterer ( moicheía ) caught in the act, whereby the hair around the anus was plucked out whilst rubbing in hot ashes. Generally it was accompanied by inserting a radish into the anus (ῥαφανίδωσις, rhaphanídōsis; Aristoph. Plut. 168 with scholia.; Aristoph. Nub. 1083). This degrading self-help measure could occur in Attic law instead of legally permitted killing, but it could also be avoided by paying a ransom. Presumably the paratilmos is referred to by the legal rule, tha…

Epiorkia

(104 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπιορκία; epiorkía) means ‘perjury’, ever since Homer and throughout (with the exception of a single incidence in Solon's Laws as ‘oath’, Lys. 10,17). It was common practice for every  oath to conclude with a curse for a potential perjurer. As epiorkia was not a secular offence, its punishment ─ which was not limited to the offender himself, but could extend to his entire household ─ was in the remit of the gods, who were witnesses and guarantors of the oath (Xen. An. 2,5,21; Dem. Or. 23,68; 19,220; Lys. 32,13).  Oath Thür, Gerhard (Graz) Bibliography K. Latte, s.v. Meine…

Synegoros

(252 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συνήγορος; synḗgoros), literally 'co-speaker'. Person who speaks in court with - not instead of - one of the parties in a case; a term not always distinguished from sýndikos . In principle, the Greek view was that each party should present their own case in person. In ancient Athens synēgoroi claiming either a close relationship to the party they supported or enmity to the party they opposed could be allowed in private and public actions; only accepting money was forbidden to a synegoros (Dem. Or. 47,26). Since joint action in court was, from a more recent poi…

Martyria

(455 words)

Author(s): Thür, Gerhard (Graz)
[German version] (μαρτυρία, martyría). In Greek law, the deposition in court of a testimony, its content or a document drawn up for this purpose. Witnesses (μάρτυρες, mártyres; synonyms [2. 2032f.]) were formally invited to be present at business transactions, and witnesses to wrongful acts were called by the injured or avenging party. At the time of the Attic orators (5th/4th centuries BC) they were not sworn in but affirmed that they were ‘acquainted with’ a formulaic phrase drawn up by the person presenting the case o…

Dikaspolos

(74 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικάσπολος; dikáspolos). In the Homeric epics this term applied to a king or geron (member of the council of elders) in the role of judge or magistrate (Il. 1,238). Wielding a sceptre he would deliver the judgement (θέμιστες, thémistes) coming from Zeus. It depends on one's theory about the course of a lawsuit (  dikázein) how this is to be imagined in practice. Thür, Gerhard (Graz) Bibliography M. Schmidt, LFE 2, 1991, 302.

Heliaia

(302 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἡλιαία; hēliaía). 1. Derived from ἁλίζω ( halízō, ‘assemble’), heliaia originally means simply ‘assembly’. In the Doric area this expression survived for the public assembly [1. 32ff.] and in Arcadia for a committee, of probably fifty people, which made political and legal decisions (IG V 2,6A 24 and 27; 3,20 = IPArc nos. 2 and 3, both from Tegea [2. 36f]). 2. In Athens, according to Aristot. Ath. Pol. 9,1 (cf. on this [3. 160]), in opposition to judicial decisions by the archons, Solon introduced the   éphesis to the heliaia, at that time either the entire public…

Epobelia

(108 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπωβελία; epōbelía). Athenian law stipulated that in some private law proceedings, the losing plaintiff had to pay a fine equivalent to a sixth of the sum in dispute ─ i.e. an   obolos to the drachma (hence epobelia) to the defendant for wilful litigation. The same applied to litigants who were unsuccessful in a   paragraphḗ or who lost an appeal against a   diamartyría , but in this instance only if they had not even succeeded in securing the support of one fifth of the judges' votes for their case (Isoc. Or. 18,12). Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law…

Kataballein

(46 words)

Author(s): Thür, Gerhard (Graz)
[German version] (καταβάλλειν; katabállein). Any method of making a monetary payment, or paying for other services. Plentiful evidence from public life in [1]. Payment of legal fees in IPArk 17,42 (=IG V 2,357). Thür, Gerhard (Graz) Bibliography 1 J. Oehler, s.v. K., RE 10, 2357f..

Antomosia

(95 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀντωμοσία; antōmosía) was in Greece, in particular in Athens, an oath, which both parties had to make in the preliminary examination or in the main proceedings, probably a relic from archaic legal procedure. By means of the antomosia the truth of the plaint and the answer to the plaint was substantiated in advance. Therefore the name also extended to the pleas ( Antigraphe). The antomosia was not adopted by Plato (Leg. 948d). Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens I, 1971, 99 f. G. Thür, Greek Law, ed. by L. Foxhall, 1996, 63 f.

Kakourgoi

(134 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακοῦργοι; kakoûrgoi). Generally ‘malefactors’ but in Athens criminal offenders listed in a specific law: night thieves, thieves of clothing, kidnappers, burglars, and pickpockets. When they were caught in the act, anybody could take action against these mostly lower-class criminals through private arrests ( apagoge ), and could bring them before the Eleven ( Hendeka ). The latter immediately ordered the execution of the criminal if he confessed. Anybody who could plausibly deny the crime was brought before the co…

Dekasmou graphe

(155 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δεκασμοῦ γραφή; dekasmoû graphḗ). In Athens the charge of active corruption of judges (Dem. Or. 46,26; see also Poll. 8,42; Harpocr. s.v. Δ. γ.). It concerned the offering of inducements to the chairman of a court, a member of a jury committee, the council or the people's assembly in the context of a legal case before them, to manipulate or decide the case to the advantage or disadvantage of a participant. The offence of dekasmou graphe was more precise than that of passive corruption (  dṓrōn graphḗ ), to which bearers of office were exposed irr…

Dikastikos misthos

(308 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικαστικὸς μισθός; dikastikòs misthós). Daily payment for Athenian jurors from the mid 5th cent. BC (Aristot. Ath. Pol. 2,2). In early Athenian democracy the principle of democratic equality of all citizens applied. Increasing economic and social inequality resulted in only the economically independent citizens, i.e. the wealthy part of the population, being able to participate in courts while the less wealthy and poor citizens, especially the rural population, could not abandon the…

Loidoria

(67 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λοιδορία; loidoría). Greek ‘invective’, originally perhaps ‘blasphemy’ (Pind. Ol. 9,37). Solon already made ‘speaking badly’ a punishable offence (fr. 32f. Ruschenbusch); in the 4th cent. BC this element of an offence included insult through the use of certain enumeratively listed words ( kakēgoría ). Thür, Gerhard (Graz) Bibliography R. W. Wallace, The Athenian Law against Slander, in: G. Thür (ed.), Symposion 1993, 1994, 109-124.

Hemiolion

(148 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἡμιόλιον; hēmiólion), literally ‘one and a half times’. Hemiolion refers to a supplementary charge of 50% of a monetary or goods service (calculated by multiplying the basic amount by one and a half). In the Hellenistic and Roman periods the hemiolion stereotypically appeared in the penalty clauses of private contracts as a fine for non-fulfilment (frequently in addition to interest), both in the papyri of Egypt and in the few documents extant elsewhere. The hemiolion had replaced the diploûn (διπλοῦν, double) of the older contractual clauses, as is well i…

Exhaireseos dike

(170 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐξαιρέσεως δίκη; ex(h)airéseōs díkē). In Athens, anyone who claimed that someone else was his slave needed no special authority in order to ‘lead away’ (ἄγειν, ágein) the person concerned. A third party could then intervene and ‘free’ (ἐξαιρεῖσθαι or ἀφαιρεῖσθαι εἰς ἐλευθερίαν, ex(h)aireîsthai / aphaireîsthai eis eleutherían; Aeschin. in Timarchum 62; Demosth. Or. 59,40; Lys. 23,9) the captive with an act of formalized violence. The captor then had to free the captive, although only on receipt of surety, and could then proceed against the third party arguing exhair…

Hypeuthynos

(93 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑπεύθυνος; hypeúthynos) is used in the penal provisions of Greek decrees to mean ‘liable, owing’ (context: payment of monetary fines, e.g. IPArk 11,37), in Athens specifically for ‘accountable’. Every Athenian holding an office had to submit to an accountability process when his term had expired (εὔθυναι,   eúthynai ) before the completion of which he could not leave the country or dispose of his assets. In the Egyptian papyri, hypeuthynos simply means ‘required to make payment’. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens 2, 1971, 208-211 I…

Timetai dikai

(211 words)

Author(s): Thür, Gerhard (Graz)
[German version] (τιμηταὶ δίκαι/ timētaì díkai). Legal processes at Athens which, having completed the ballot on the issue of conviction, had to undergo a further 'assessment procedure' ( timetos agon ). In private cases concerning money ( dike [2]), it was the rule, in public cases ( eisangelia , graphe [1]) the exception. Recorded as TD are: the dike epitropes ( epitropos [2]), dike klopes ( klope ), aikeias dike , exhaireseos dike , pseudomartyrion dike , lipomartyriou dike , kakotechnion dike , biaion dike , exoules dike , blabes dike ([4. 98 f.] assumes fixed …

Laographia, Laographos

(156 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λαογραφία, λαογράφος; laographía, laográphos). From the Ptolemaic period onwards, censuses were conducted in Egypt ( laographíai: the people were ‘written down’). These took place from Augustus onwards on a 7-year cycle, and from Tiberius onwards every 14 years. In the Roman period, laographía also referred to the list compiled in the process of those liable for poll tax and the poll tax itself ( Taxes). Men between the ages of 14 and 60 were subject to it unless they were Roman citizens or citizens of privileged Greek p…

Amnestia

(252 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀμνηστία; amnēstía). Legally established relinquishment of accusation, reopening of proceedings, execution of judgement and carrying out of punishment as means of reconciling the contending parties after internal or external wars. Plutarch (Mor. 814b) mentions the Athenian amnesty decree of 403 BC τὸ ψήφισμα τὸ τῆς ἀμνηστίας ἐπὶ τοῖς τριάκοντα, while Aristotle (Ath. Pol. 39,6) and the orators Andocides (1,90), Isocrates (18,3) and Aeschines (2,176; 3,208) use the original phrasing ‘not to think badly’, μὴ μνη…

Ekecheiria

(64 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐκεχειρία; ekecheiría). Technical term for ‘armistice’, ‘court rest’, and the ‘divine peace’ as agreed upon by Iphitus of Elis and Lycurgus of Sparta for the games in Olympia (Plut. Lycurgus 1,2; Paus. 5,20,1), claimed by the other great festival locations as well. Thür, Gerhard (Graz) Bibliography StV II no. 185; III S. 414 (II A6)  L. Robert, Études Anatoliennes 2, 1937, 177ff.

Emporikai dikai

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐμπορικαὶ δίκαι; emporikaì díkai). Commercial suits in Athens involving maritime imports and exports. Traders and shipowners were the parties but also foreigners and   métoikoi . The emporikai dikai could be brought on only in winter months when maritime traffic was resting. First they came under the jurisdiction of the nautodíkai, then the   eisagogeís and finally (Aristot. Ath. Pol. 59,5) under that of the   thesmothétai . Under the jurisdiction of the eisagogeís they had to be completed speedily within one month. Execution of the judgement was assu…

Enklema

(172 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἔγκλημα; énklēma). In general Greek usage ‘reproach’, in the laws of Athens ‘suit’ in civil trials, in the criminal law of Egyptian papyri ‘charge’. Before the law, which in Athens required written form for the court file (presumably 378/7 BC), the enklema was a verbal application to the head of the court (  dikastḗrion 3.) to open the trial, which included the name of the parties, the suit and, if provided, (in the   tímētos agṓn ), an estimate of the judgement sum. Written enklḗmata are preserved in Dem. Or. 37,22-32; 45,46, and imprecisely called   graphḗ

Prodosia

(172 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προδοσία; prodosía). There is evidence of constant efforts to punish 'treason' ( prodosía) and 'high treason' ( katálysis toû dḗmou) in Athens. Prodosía is the infringement on the external security of the state, which could extend to the failure of recovering the corpses of the fallen or saving the shipwrecked (Battle of Arginusae, 406 BC; Xen. Hell. 1,7,22 and 32, where a law against temple-robbers and traitors is referred to). Later prodosía fell under the law on eisangelía , but often ad hoc decisions on prodosía were enacted (thus after the Battle of Chaero…

Apographe

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀπογραφή; apographḗ) was in Athens any written statement in respect of an authority, especially the submission of a list of goods to be confiscated by the state. Subsequently the application for confiscation of the listed stock and the whole confiscation process were also called apographe [1]. Trial by jury, normally presided over by the Eleven Men, was responsible for the proceedings. In Egypt apographe meant a written notice to a public authority on property or personal status as well as an entry in the public land registry [2]. Thür, Gerhard (Graz) Bibliography 1 A. …

Codex Hermopolis

(329 words)

Author(s): Thür, Gerhard (Graz)
[German version] This name has been given to a papyrus scroll of 2 m in length discovered by S. Gabra in Tuna-el-Gebel, which contains 10 columns of a legal text in the Demotic language. The text dates from the 1st half of the 3rd cent. BC, but individual regulations could reach back to the time of the pharaohs; in POxy 46,3285 two fragments of a Greek version have survived, dating to the 2nd half of the 2nd cent. AD. Viewed in today's terms, the content can be divided into four sections: 1. Land …

Kakogamion

(71 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακογάμιον; kakogámion, literally ‘marrying badly’) was a punishable offence in Sparta (Stob. 66,16), or ‘it appears’ (Plut. Lysander 30,7) to have been prosecuted through dike , although clearly this did not entail a private complaint as in agamíou díke . It is unknown what offences committed by the husband counted as kakogámion or what punishments were imposed. Thür, Gerhard (Graz) Bibliography D. M. MacDowell, Spartan Law, 1986, 73f.
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