Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

EXAIRESEOS DIKE. EXAUGURATIO. 479
assessors of the former, than a totally distinct class slave, but where he asserted him to be a freeman.
of officers, as will be seen hereafter. All accounts As the condition of slavery at Athels incapacitated
of those officers who had anything to do with the a man to take any legal step in his own person, if
public money were, after the expiration of their a reputed slave wished to recover his rights as a
office, first sent in to the XoyL-Trai, who examined freeman, he could only do it by the assistance of
them, and if any difficulty or incorrectness was dis- one who was himself a freeman. He then put
covered, or if charges were brought against an ex- himself under the protection of such a person, who
officer within the period of 30 days, the further in- was said eapsieOac or &dpampiroOal avblTb Els EXeAquiry devolved upon~ the eVJOvvot, before whom the Oep[av, in liberatezs viizdicare. If the master
officer was obliged to appear and plead his cause. sought to reclaim him,:he proceeded to take manual
(Hermann, Polit. Antiq. of. Greece, ~ 154. 8.) If possession, y-ELPv aVhrb' Es aovAetav. A runaway
the eb'Ovvoi found that the accounts were unsatis- slave might at any time be seized by his master,
factory, that the officer had embezzled part of the either in the open street or elsewhere, except in a
public money, that he had accepted bribes, or that sanctuary. If the friend or person who harbousred
charges brought against him were well founded, the slave meant to contest the master's right, the
they referred the case to a court of justice, for proper course was to go with him before the marwhich the AoyrrTali appointed the judges by lot, gistrate, and give security for the value of the slave
and in this court their herald proclaimed the ques- and costs, in case a court of law should decide
tion who would come forward as accuser. (Aeschin. against him. The magistrate who took cognizance
c. Ctesiph. p. 57, ed. Steph.; Etymol. Magrn. s.. of the cause was the archon, where a man claimed
E1bOva; Bekker, Anecdot. p. 245. 6.) The place to be a citizen; the polemarch, where he claimed
where the court was held was the same as that to to be an alien freeman. It was the duty of the
which ex-officers sent their accounts to be examined archon or polemarch to set the man at liberty
by the Xoyliorara, and was called AoymeripLovm. pendente lite. In the suit that followed, the plaintiff
(Andocid. De Myst. p. 37; Lys. c. Polystrat. p. had to prove his title to the ownership of the
672.) It can scarcely be doubted that the etJOvvoL slave, and, if successful, obtained such compensatook an active part in the trials of the Awyio-r7- tionl as the jury chose to award; this being a
pLOY: but whether they acted only as the asses- TLVnrlbs &yio, and half of the [riutVas being given
sors of the hoyLIrmrai, or whether they, as Pollux to the state. (Dem. c. Theocr. p. 1328.) A verdict
states, exacted the embezzled sums and fines, in- for the plaintiff drew with it, as a necessary constead of the practores, is uncertain. The number sequence, the adjudication of the ownership, and
of the evOuWvo, as well as that of the Xoyisrat, was he would be entitled to take possession of his
ten, one being taken from every tribe. (Phot. s. cV. slave immediately: if, however, the slave had
EvOuvos, and Harpocrat. s. v. AoyrmraL.) The escaped in the meantimne, and evidence of slch
Aoylmowa were appointed by the senate, and chosen fact were produced, the jury would probably take
by lot; whether the esvOuot were likewise chosen that into consideration in estimating the damages..
by lot is uncertain, for Photius uses an expression If the friend, in resisting the capture of the
derived from KXipos (lot), while Pollux (viii, 99) slave, had used actual violence, he was subject to
states that the esOeos srposratpoiOrrai, scil. roLS a aiKc Biatov. And if the soi-disant master had
Ao'y1'rais, according to which they were like the as- failed in the ft. aimX, the injured party might
sessors of the archons; the latter account, however, maintain an action against him for the attempted
seems to be more consistent and more probable. seizure. (Lys. c. Pancl. p. 734, &c., with Reiske's
Every eS6vvos had two assessors (wdpespoO). (See note; Dem. c. Neaer. p. 1358; IIarpocr. s. V.
Bbickh, Publ. Econ. I. c.; Titmann, Griecl, Staatse.'Eeatpa'eosws, and'ATy L; Meier, Alt. Proc. p. 394.)
p. 323, &c.; Hermann, Polit. Antiq. of Greece, ~ 154; Iln a speech of Isocrates (Trapez. p. 361), the
Schbmann, Antiq. Junr. publ. Graec. p. 239, &c.) defendant, a banker, from whom it is sought to reThe first traces of this truly democratic institu- cover a deposit, is charged with having asserted
tion are generally found in the establishment of the freedom of his own slave, in order to prevent
the archonship (&pXj v7revtiOuvos) instead of the his being examined by torture respecting the sum
kingly power, by the Attic nobles (Paus. iv. 5. 4), of money deposited in his hands. This is remarkIt was from this state of dependence of the first able on two accounts: first (as Meier observes),
magistrates upon the order of the nobles that, in because it seems to prove that one not the owner
the course of time, the regular euthyne arose. Simi- of the slave could bring the et. stmc1m, if he had an
lar institutions were established in several other interest in the matter; secondly, because it was
republics of Greece. (Arist. Polit. vi. 5; Wachs- optional with a man to give up his slave to the
muth, Hellet Altertlh. i. p. 419, &c. 2d. ed.) [L.S.] torture or not, the refusal being only matter of obEXAGO/GES DIKE' (EaywoTs 3rKtci), a suit servation to the jury; and, therefore, it appears
of a public nature, which might be instituted strange that any one should have recourse to a
against one, who, assuming to act as the protector measure, the result of which (if successful) would
(Ktbpwos) of an Athenian w-oman, married her to a be, to deprive him of his property. [C. R. K.]
foreigner in a foreign land, This was contrary to EXAUCTORA'TIO. [ExERCITUS.]
law, intermarriage with aliens being (as a general EXAUGURA'TIO is the act of changing a
rule) prohibited. In the speech of Demosthenes sacred thing into a profane one, or of taking away
against Timocrates (p. 763), he is charged with from it the sacred character which it had received
having sold his sister to a Corcyrean, on pretence by inauguratio, consecratio, or dedicatio. That
of giving her in marriage. (Meier, Att. Proc. such an act was performed by the augurs, and
p. 350.) [C. R. K.] never without consulting the pleasure of the gods
EXAIRE'SEOS DIKE' (iealfpreo S tiKc), was by auguriumn, is implied in the name itself. (Li v.
an action brought to recover danmages for the at- i. 55, v. 54; Dionys. Hal. Astiq. Rote. iii. p. 202,
tempt to deprive the plaintiff of his slave; not ed. Sylburg; Cato. cap. Fest. s. v. NTequitiumz.)
where the defendant claimed a property in the ITemples, chapels, and other consecrated places, as