Syngraphe

Syngraphe (συγγραφὴ) signifies a written contract (γραμματεῖον); whereas συμβόλαιον does not necessarily import that the contract is in writing; and ὁμολογία is, strictly speaking, a verbal agreement (Valesius on Harpocr. s. v. ἀσυνθετ́τατον); χειρόγραφον is a term foreign to Attic law (it first occurs Plb. 30.8, 4).

No particular form of words was necessary to make the instrument valid in point of law the sole object being to furnish good evidence of the parties' intention. The agreement itself was valid without any writing; and would form the ground of an action against the party who broke it, if it could be sufficiently proved. Hence it was the practice to have witnesses to a parol agreement. The law declared κυρίας εἶναι τὰς πρὸς ἀλλήλους ὁμολογίας, ἃς ἂν ἐναντίον μαρτύρων ποιήσωνται ([Dem.] c. Phaenipp. p. 1042.12; c. Everg. et Mnes. p. 1162.77; c. Dionysod. p. 1283.2; Plat. Symp. p. 196 C). This was especially the practice in early times (ἁρμονίαι, Il. 22.255; συνημοσύναι, Il. 22.261; or ῥῆτραι, Od. 14.393; Platner, Notion. juris et just. ex Hom. et Hes. carm. expl. p. 142 f.; see also Solon's law in Bekk. Anecd. i. p. 242, 20 ff.). But as the art of writing became more widely known, parol agreements grew rarer, and contracts were as a rule reduced to writing; and it seems that for the maintenance of an ἐμπορικὴ δίκη it was necessary to have a written contract (Dem. c. Zenoth. p. 882.1). Such contracts were leases (μισθώσεις: cf. Dem. pro Phorm. p. 945.4, αἱ συνθῆκαι καθ’ ἃς ἐμίσθωσε Πασίων τὴν τράπεζαν τούτῳ: c. Steph. i. p. 1111.31; c. Pantaen. p. 968.5), loans of money (Dem. c. Phorm. p. 908.6; συγγραφαὶ ναυτικαὶ and ἔγγειαι, c. Lacrit. p. 932.27, and Bekk. Anecd. i. p. 283, 9 f., or συμβόλαια ναυτικὰ and ἔγγεια, Dem. c. Apatur. p. 893.3), and all executory agreements, where certain conditions were to be performed. Ἐκδιδόναι ἀνδρίαντα κατὰ συγγραφὴν is to give an order for the making of a statue of certain dimensions, of a certain fashion, at a certain price, etc., as specified in the agreement (Dem. de Cor. p. 268.122; cf. [Andoc.] c. Alcib. § 17; Xenoph. de Re Equest. 2, 2: see also Dem. c. Apatur. p. 897.14 f.; c. Olympiod. p. 1170.10 f.; Lyc. c. Leocr. § 23; Aeschin. c. Tim. § § 160, 165, etc.). The rent, the rate of interest, with other conditions, and also the penalties for breach of contract ([Dem.] c. Nicostr. p. 1249.10; c. Dionysod. p. 1291.27, etc.), were particularly mentioned in these agreements, and the names of the witnesses ([Dem.] c. Olympiod. p. 1170.11, etc.) and of the sureties (if any, Dem. c. Apatur. p. 904.35) were specified. The agreements themselves were sealed by the parties (also by the surety, Dem. c. Lacrit. p. 928.15), and deposited, before witnesses (p. 927.14), with some person (or persons in case of duplicate copies, Dem. c. Phorm. p. 916.32), mutually agreed on between the parties (C. I. A. ii. No. 573; Dem. c. Phorm. p 908.6; c. Apatur. p. 904.36; Lyc. c. Leocr. § 23, etc.). An example of a contract on a bottomry loan (ναυτικὴ συγγραφὴ) will be found in Dem. c. Lacrit. p. 926.10 ff., where the terms are carefully drawn up, and there is a declaration at the end, κυριώτερον δὲ περὶ τούτων ἀλλὸ μηδὲν εἶναι τῆς συγγραφῆς, which agreement shall be valid, anything to the contrary not-withstanding [FENUS] (cf. Dareste, Bull. de Corresp. Hellén. 1884, pp. 370-376). Bankers were often chosen as the depositaries of agreements and other documents, having peculiar confidence reposed in them. Money was put into their hands without any acknowledgment, and often without witnesses. They entered these and also the loans made by themselves to others in their books (γράμματα or ὑπομνήματα), and such entries served practically the same purpose as a συγγραφή, being accepted as evidence in courts of justice (Isocr. Trapez. § § 2, 53; Dem. pro Phorm. p. 950.20; p. 956.36, etc. Philippi, however, denies these bankers' books any special authority, Jahrb. f. class. Philol. 1866, p. 611 ff.).--In Sparta such agreements were called κλάρια (Plut. Agis. 13) or σκυτάλαι (Photius, s. v.); for the peculiar formalities observed in drawing them up, see Schol. Aristoph. Birds 1284, and Suid. s. v. σκυτάλη. Amongst the Locrians συγγραφαὶ were not allowed (Zenob. 5.4). (Att. Process, ed. Lipsius, p. 675 ff.)

For συγγραφαὶ (C. I. A. IV. No. 22 a; Lys. c. Nicom. § 17 f.) in the sense of bills prepared by special committees (συγγραφεῖς), ordonnances, une catégorie de mesures législatives qui est distincte des lois et des décrets, see Foucart, Bull. de Corresp. Hellén. 1880, p. 248 ff.; Sauppe, Attica et Eleus. p. 10 ff. [NOMOTHETES]

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