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

PIIONYS. PITONOS. 897
feased the deed, but justified it; &is 75,s 05Xo0'?y was, to prefer the charge before the king-archon.
uE'' KcTevai, e'VrvJos b cp. p SepaKcesa. Demo- To such charge the term 6yrtoct1r'rre'Oal or 47re4sthenes calls it atyl'STa7oy Kcal (pspcse'Taror (c. flvat was peculiarly applied. (Pollux, viii. 33,118;
Aristocr. 644; Harpocr. s. v.'Esrl AeXpfl; Pol- Harpocr. s. v.'EE7reosCaaTro; Antiph. xarroy. Ocapy.
lhx, viii. 119). As to the origin of this court see 111, ed. Steph.) The charge was delivered in
Matth. p. 152. In the -r s&rirl fpVTyavei the objects writing; the prosecutor was said a&roypddeeOesa
of prosecution were inanimate things, as wood, 8isv rpo'vOUv. (Antiph. de Clior. 145, ed. Steph.)
stone, or iron, which had caused the death of a The king-archon having received it, after first
man by falling on him. (Harpocr. s. v.'EAr Inpvra- warning the Defendant a7reXeO9al TwV /cuverrpfov
resft; Pollux, viii. 120; Demosth. c. Aristocr. 645.) tca~l Tvu Xkeaou' voigyUEO' (Pollux, viii. C6, 90), proDraco enacted that the cause of death should be cast ceeded in due form to the avaIcpltiS. The main
out of the boundaries of the land (tirepopiCeE-Oal), thing to be inquired into was the nature of the
in which ceremony the a&pXov Gaorxevhs was as- offence, and the court to which the cognizance apsisted by the pu.AoGaefThEis. (Meier, AMt. Proc. p. pertained. The evidence and other matters were
117; Suidas, s.v. NiKwv; Aesch. c. Ctesipl. 88, ed. to be prepared in the usual way. Three months
Steph.) This was a relic of very rude times, and were allowed for this preliminary inquiry, and
may be not inaptly compared with our custom of there were three special hearings, one in each.
giving deodands. Matthiae (p. 154) thinks there month, called &aslucao'lai, or (according to Bekker's
was an ulterior object in the investigation, viz., that reading) 7rposllcaciae (Antiph. de Chor. 146, ed.
by the production of the instrument by which Steph.); after which, in the fourth month, the
death was inflicted, a clue might be found to the king-archon eafi'ye T7,, 81Kc/V. (Matth. p. 160.) The
discovery of the real murderer, if any. The court defendant was allowed to put in a 7rapaypap7, if
ev qpeaT-ro? was reserved fora peculiar case; where he contended that the charge ought to be tried in
a man, after going into exile for an unintentional one of the minor courts. (Pollux, viii. 57.)
homicide, and before he had appeased the relations All the (ovpinea 8LrcaTzpla were held in the open
of the deceased, was charged with having com- air, in order that the judges might not be under
mitted murder. He was brou0ht in a ship to a the same roof with one suspected of impurity; nor
place in the harbour called e', (ppeaTToY, and there the prosecutor with his adversary. (Antiph. defier.
pleaded his cause on board ship, while the judges caed. 1 30, ed. Steph.) The king-archon presided,
remained on land. If he was convicted, he suf- with his crown taken off. (Pollux, viii. 90.) The
fered the punishment of murder; if acquitted, he parties were bound by the most solemn oaths; the
suffered the remainder of his former punishment. one swearing that the charge was true, that he
The object of this contrivance was to avoid pollu- bore such a relationship to the deceased, and that
tion (for the crime of the first act had not yet been he would in conducting his case confine himself to
expiated), and at the same time to bring the second the question at issue; the other declaring the
offence to trial. (Demnosth. c. Aristoer. 646; Har- charge to be false. (Antiph. de Her. coed. 130,
peer. s. v.'EI, (Ppear'o?; Pollux, viii. 120; Matth. 140, do Clsor'. 143, ed. Steplh.; Demosth. c. EuveLq.
p. 155.) 1161;. Matth. p. 163.) The witnesses on both
To one or other of these courts all 0ovacal &tcat sides were sworn in like manner (Antiph. de HIer.
were sent for trial; and it was the business of the caed. 130, 131, ed. Steph.;:Meier, Att. Proc.
6pXsw Ja~l/oeis to decide which. The task of pro- p. 675); and slaves were allowed to appear as
secution devolved upon the nearest relatives of tle witnesses. (IMeier, A#t, Proc. p. 667.) Either
deceased; and in case of a slave, upon the master. party was at liberty to make two speeches, the
To neglect to prosecute, without good cause, was prosecutor beginning, as may be seen from the
deemed an offence against religion, that is, in any -reppaAoyfa of Antiphon; but both were obliged to
relation not further removed than a first cousin's confine themselves to the point at issue. (Lys.c.
son (&ae/'ia68os). Within that degree the law en- S'imon. 100; Antiph. de Clor. 143, ed. Steph.)
joined the relations to prosecute, under penalty of an Advocates (rvvYiyopot) were not admitted to speak
aoeGetas ypeap, if they failed to do so. (Demosth. for the parties anciently, but in later times they
c. Ansdrot. 593, c. lIccart. 1069, c. Esterg. et were. (Matth. p. 164.) Two days were occupied in,Aines. 1160, 1161; Antiph. de Her. coed. 135, ed. the trial. After the first day the defendant, if
Steph.) They might, however (without incurrTing fearful of the result, was at liberty to fly the counany censure), forbear to prosecute, where the mur- try, except in the case of parricide. Such flight
dered man had forgiven the murderer before he could not be prevented by the adversary, but the
died (Demosth. c. Pantoen. 983); or, in cases of property of tlie exile was confiscated. (Pollux, viii.
ilvoluntary homicide, where the offender gave the 117; Demosth. c. Aristbcr. 634, 643; Matth. p. 167.)
satisfaction which the law required; unless the de- On the third day the judges proceeded to give their
ceased had given a special injunction to avenge votes; for which two boxes or urns were provided
him. (Lysias, c. Agor. I33, 138, ed. Steph.; (d6paet or &,(popeTs), one of brass, the other of
Matth. p. 170.) wood; the former for the condemning ballots, the
The first step taken by the prosecutor was, to latter for those of acquittal. An equal number of
give notice to the accused to keep away from all votes was an acquittal; a point first established
public places and sacrifices. This was called?rpStp- (according to the old tradition) upon the trial of
rYIpLOs, and was given at the funeral of the de- Orestes. (Aeschyl. Ezumien. 753; Matth. p. 165.)
ceased. (Antiph. dce ier. cued. 130, 139, de hor'. As the defence might consist either in a simple
141, ed. Steph.; Demnosth. c. Leptin. 505, c. A sistocr. denial of the killing, or of the intention to kill, or
632, c. Euery. 1160.) After this, he gave a pub- in a justification of the act, it is necessary to inlic notice in the market-place, warning the accused quire what circumstances anlounted to a legal justito appear and answer to the charge: here he was fication or excuse. Wbe learn from Demosthenes
aid mrpotesrev or 7rpoa'yopeel'v pdvov. (Den;ostll. c. (c. Aristocr. 637) that it was excusable to kill anUaloaart. 1068, c. Neoc. 1348.) The next thing other unintentionally in a gymnastic combat, or
3 at1