Exairesĕos Diké
(
ἐξαιρέσεως δίκη, also
ἀφαιρέσεως
δίκη). An action brought at Athens to recover damages for the attempt to deprive
the plaintiff of his slave; not when the defendant claimed property in the slave, but when he
asserted him to be a freeman. As the condition of slavery at Athens incapacitated a man from
taking any legal step in his own person, if a reputed slave wished to recover his rights as a
freeman, he could only do it by the assistance of one who was himself a freeman, and who was
said
ἐξαιρεῖσθαι or
ἀφαιρεῖσθαι
αὐτὸν εἰς ἐλευθερίαν (
c. Pancl. 10),
in
libertatem vindicare.