), suits in the Athenian courts, which were not allowed to be
pending above a month. The first mention of this regulation is made in
C. I. A.
i. No. 38: any attempt made by citizens of the
tributary states to evade the decree respecting the tribute (of the year
425-4) is to be brought before the ἐπιμεληταί, ο[ἱ
δὲ ἐπιμεληταὶ ἐσαγό]ντων ἔμμηνα ἐς τὸ δ[ικαστήριον],
etc. It was confined to those matters which required a speedy decision; and
of these the most important were disputes respecting commerce (ἐμπορικαὶ δίκαι,
Pollux, 8.63, 1011; Harpocrat
and Suid. s. v. Ἔμμηνοι Δίκαι
were heard during the six winter months from Boëdromion to
Munychion, so that the merchants might quickly obtain their rights and sail
away (Dem. c. Apat.
p. 900.23; cf. Lys. de Pecun.
§ 5); by which we are not to understand, as some
have done, that a suit could be protracted through this whole time, but it
was necessary that it should be decided within a month. (Boeckh, P.
3 1.64 f.)
All causes relating to mines (μεταλλικαὶ
) were also ἔμμηνοι δίκαι
(Dem. c. Pantaen.
p. 966.2); the object, as Boeckh remarks
p. 667=Kl. Schriften,
v. p. 54),
being no doubt that the mine proprietor might not be detained too long from
his business. The same was the case with causes relating to ἔρανοι
(Pollux, 8.101; Harpocrat. and Suid. l.c.
]; and Pollux (l.c.
) includes in the
list suits respecting dowry, which are omitted by Harpocration and Suidas.
K. F. Hermann adds the γραφὴ ὕβρεως
(Symb. ad doctrinam juris Att. de injuriarum act.
Pollux statement (8.101) as to the existence of distinct magistrates called
εἰσαγωγεῖς οἱ τὰς ἐμμήνους δίκας
(cf. 93) ἦσαν δὲ
προικός, ἐρανικαί, ἐμπορικαί,
is confirmed by C.
i. No. 37, where they are twice mentioned (see
Köhler, Urkunden u. Untersuchungen z. Gesch. d. delisch-att.
p. 68); at a later period they were replaced by the
thesmothetae (so with regard to the μεταλλικαὶ
Pollux, 8.88). When the suits relating to trade were
which happened probably not
till after the date of Xenophon's treatise on the Revenue (3, 3; [Dem.]
p. 79.12), the ἡγεμονία
was transferred from the ναυτοδίκαι
to the thesmothetae (Dem. c.
p. 892.1). (Att. Process,
ed. Lipsius, pp.
94, 97, 525, 907.) [W.S
. In Ath. Pol. 52,
are mentioned as still
existing. They were five in number, appointed by lot δυοῖς φυλαῖν ἕκαστος, οἳ τὰς ἐμμήνους εἰσάγουσι
The list of the classes of cases coming under this head is
longer and more detailed than that given elsewhere: προικὸς ἐάν τις ὀφείλων μὴ ἀποδῷ κἄν τις ἐπὶ δραχμῇ
(i. e. 12 per cent.: in Dem.
i. p. 818.17, c. Neaer.
1362.52, the interest as fixed by law is at the rate of 9 obols, i. e. 18
per cent. in case of non-fulfilment of marriage-contract or of divorce)
κἄν τις ἐν ἀγορᾷ βουλόμενος ἐργάζεσθαι
δανείσηται παρά τινος ἀφορμήθ.
(this action was brought before the
Forty in the time of Demosthenes, Dem. c. Pantaen.
cf. Schol. Plat. de Republ.
v. p. 464 E);
ἐρανικαὶ καὶ κοινωνικαί
(Harpocr. s. v.
κοινωνικῶν: τάχα δὲ καὶ περὶ τῶν ἑκούσιον
κοινωνίαν συνθεμένων ἐμπορίας ἤ τινος ἄλλου
: cf. Dem.
p. 977.38, οἱ
(cf. the title of
Dinarch. c. Antiph.
τριηραρχίας καὶ τραπεζιτικαί.
The δίκαι μεταλλικαὶ
are not mentioned, probably because
they belonged to the ἡγεμονία
thesmothetae (Dem. c. Apat.
p. 892.12; Ἀθην. πολ.
Then follows the sentence οὗτοι μὲν οὖν ταύτας
δικάζουσιν ἐμμήνους εἰσάγ[ον]τες, οἱ δ᾽ ἀποδέκται τοῖς
τελώναις καὶ κατὰ τῶν τελωνῶν, τὰ μὲν μεχρὶ δέκα δραχμῶν
ὄντες κύριοι, τὰ δ᾽ ἄλλ̓ εἰς τὸ δικαστήριον εἰσάγοντες
(cf. Pollux, 8.97); here δικάζειν
seems to refer to the ἡγεμονία.