) is thus explained by Pollux (8.81): Σκυρίαν δίκην ὀνομάζουσιν οἱ κωμῳδοδιδάσκαλοι τὴν τραχεῖαν,
ἣ οἱ φυγοδικοντες ἐσκήπτοντο εἰς Σκρον ἢ εἰς Λῆμνον
By τραχεα δίκη
meant one beset with difficulties, in which the plaintiff had to encounter
every sort of trickery and evasion on the part of the defendant. On the
appointed day of trial (ἡ κυρία τοῦ
commonly the thirtieth day after the commencement of the
action, Dem. c. Mid.
p. 529.47, lex;
cf. c. Timocr.
p. 720.63, lex;
but the trial might be postponed by agreement between
the parties [Dem.] c. Phaenipp.
p. 1042.13 [EMMENOI DIKAI
parties were required to be present in court. If the plaintiff was not
there, he was non-suited; if the defendant did not appear, judgment was
given against him by default. If, however, either party had some good excuse
to offer, such as illness, the death of a relative, or inevitable absence
abroad (Hyp. fr.
204= Schol. Aristoph. Pl. 725
; Schol. Dem. c.
p. 541; Pollux, 8.60), judgment was not given. Cause was
shown by some friend on his behalf, supported by an affidavit called
(Harpocr. s.v. Dem. c. Olymp.
1174.25 f., ὑπωμοσάμεθα ημεῖς τουτονὶ
Ὀλυμπιόδωρον δημοσίᾳ ἀπε̂ναι στρατευόμενον,
Theocr. p. 1336.43), in answer to which the opponent was allowed to put in a
Lex. Rhet. Cantabr.
s. v.), and the court decided whether the
excuse was valid. No ὑπωμοσία
in an eisangelia ἐάντις τὸν δῆμον τὸν Ἀθηναίων
(Hyp. pro Eux.
col. 22). It seems to
have become a practice with persons who wished to put off or shirk a trial,
to pretend that they had gone to some island in the Aegean Sea, either on
business or on the public service; and the islands of Scyrus (Photius, s. v.
), Lemnos, and Imbrus
(Hesych. ς. ϝϝ. Ἴμβριος καὶ Λήμνιος:
Photius, s. v. Ἴμβριοι
selected for that purpose. Shammers of this kind were, therefore, nicknamed
Lemnians and Imbrians. (Att. Process,
ed. Lipsius, p. 908