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

EXSILI UM. EXSILIUM. 513
a court of justice (KCX'qTdeelV or EtcAxrtTeVelV, Pol- independent states would neither admit of the es.
lux, viii. 37; Aeschin. c. Timna-ch. p. 71), was tablishment of penal colonies, as amongst us, nor
obliged by law to obey the summons, unless he of the various kinds of exile which we read of
could establish by oath that he was unacquainted under the Roman emperors. The general term
with the case in question. (Demosth. De Fals. rp/yi' (flight) was for the most part applied in the
Leg. p. 396, c. Neaer. p. 1354, c. Ap/Job. p. 850; case of those who, in order to avoid some punishllSuidas, s. v.'E oeoJaaeOai.) This oath was called ment or danger, removed from their own country
qcweoola, and the act of taking it was expressed to another. Proof of this is found in the records of'
by 4e,4upo-Oat. (Demosth. c. Steph. i. p. 1119; the heroic ages, and chiefly where homicide had been
c. EZbtsdid. p. 1317; Harpocrat. s. v.) Those who committed, whether with or without malice aforerefused to obey the summons without being able thought. Thus (II. xxiii. 88) Patroclus appears as
to take the cowjtooila, incurred a fine of one thousand a fugitive for life, in consequence of manslaughter
drachmae; and if a person, after promising to give (a&spoxracil7) committed by him when a boy, and
his evidence, did nevertheless not appear when in anger. In the same lmanner (Hom. Od. xv.
called upon, an action called XeiLro/apTrupiov, or 275) Theoclymelnus is represented as a fugitive
fiXdfS/j siKst, might be brought against him by the and wanderer over the earth, and even in foreign
parties who thought themselves injured by his l;ands haunted by the fear ofvengeance, from the nuh]aving withheld his evidence. (Denosth. c. Timnols. merous kinsmen of the masn whonm he had slain. The
p. 1190; Meier, Att. Proc. p. 387, &c.) duty of taking vengeance was in cases of this kind
W hen the people in their assembly appointed a considered sacred, though the penalty of exile was
man to a magistracy or any other public office, he sometimes remlitted, and the homicide allowed to
was at liberty, before the aoxqtaoiea took place, remain in his country on payment of a rowv-i, the
to decline the office, if he could take an oath that price of blood, or wehrgeld of the Germans (Tacit.
the state of his health or other circumstances ren- Germ. 21), which was made to the relatives or
dered it impossible for him to fulfil the duties nearest connections of the slain. (II. ix. 630.)
connected with it (ei3osvOa'u-r07' &apX'r, or r~is' Even though there were no relatives to succour the
XetpoTrovlav): anti this oath was likewise called slain man, still deference to public opinion imposed
Ctueoorfea, or sometimes &awrccoo'la. (Demosth. De on the homicide a temporary absence (Od. xxiii.
Fals. Leg. p. 379, c. Timlothl. p. 1204; Aeschin. 119, and Schol.), until he had obtained expiation
De'als. Leg. p. 271; Pollux, viii. 55; Etymol. at the hands of anotherI, who seems to have been
Mag. S. v.) [L. S.] called the aV'T/sys or purifier. For an illustration
EXOSTRA (iEc'or'pa, from cooe'co), was one of this, the reader is referred to the story of,
of the many kinds of machines used in the theatres Adrastus alnd Croesus. (Herod. i. 35.)
of the ancients. Cicero (De Prtov. CZis. 6), in In the later tinles of Athenian history, qmvy1, or
speaking of a man who formerly concealed iis banishment, partook of the same nature, and was
vices, expresses this sentiment by post sipoarismb practised nearly in the same cases, as in the heroic
hseluabatusr; and then statisng that he now shame- ages, with this difference, that the laws more strictly
lessly indulged in his vicious practices in public, defined its limits, its legal consequences, and durasays, jam in exrostra /heluatutr. From an attentive tion. Thlus an action for wilful murder was brought
consideration of this passage, it is evident that before the Areiopagus, and for manslaughter before
the exostra was a mllachine by mlleans of whichl the court of the Ephetae. The accused might, in
things which had been concealed behind the sipa- either case, withdraw himself (pusye-'v) before senrium, were pushed or rolled forward from behind tence was passed; but when. a criminal evaded the
it, and thus became visible to the spectators. This punishment to which an act of murder would have
machine was therefore very much like the E/KKu- exposed him nhad he remained in his own land, he
icAhejaa, with this distinction, that the latter was was then banished for ever ((pevSye &sqervylaV), and
moved on wheels, while the exostra was pushed not allowed to return hIome even when other exiles
forward upon rollers. (Pollux, iv. 128; Schol. were restored upon a general amnesty, since on
ad Aristoph. Acharn. 375.) But both seem to such occasions a special exception was made against
have been used for the same purpose; namely, to criminals banished by the Arciopagus (ol l4'ApEoos
exhibit to the eyes of the spectators the results or 7rwcyov peSiYOVes). A convicted murderer, if foumd
consequences of such things-e. g. murder or suicide within the limits of the state, might be seized and
- as could not consistently take place in the pro- put to death (Dem. c. Aris. p. 629), and whoever
secenium, and were therefore described as having harboured or entertained (67reSa0ro) any one whou
occurred behind the siparium or in the scene. had fled from his country to avoid a capital punishThe name exostra was also applied to a peculiar ment, was liable to the same penalties as the fugislind of bridge, which was thrown from a tower of tive himself. (Dem. c. Polycl. p. 1222. 2.)
the besiegers upon the walls of the besieged town, Demosthenes (c. Artis. p. 634) says, that the word
mind across which the assailants marched to attack (peS'ley s was properly applied to the exile of those
those of the besieged who were stationed on the who committed mulrder, witih malice aforethought,
ramparts to defend the town. (Veget. De Ale 2ilit. whereas the term esOi-raesOaes, was used where the
iv. 21.) [L. S.] act was not inteIltional. The property also was
EXOULES DIKE (eoSxA7rs Mi-cm). [Esi- confiscated in the former case, but not in the latter.
I3rATEIA.] When a verdict of manslaughter was returned,
EXPLORATO'RES. [ExERCIT US, p. 509, a.] it was usual forthe convicted party to leave ( )\0;e)
EXSEQUIAE. [FuNus.] his country by a certain road, and to remain in
EXSI'LIUM ((Umy6), banishment. 1. GREEs. exile till he induced some one of the relatives of
-Banishment t among the Greek states seldom, if the slain man to take compassion on him. During
ever, appears as a punishment appointed by law hIis absence, his possessions were Cri['rbsta, that 1s,
for particular offences. We might, indeed, expect not confiscated; but if he remained at home or
this; for the division of Greece hlto a snumuber of returned before the requirements of the law were
LL