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

898 PONOS. P-ITHORA TON ELEUTIIERON.
to kill a friend in battle or ambuscade, mistaking Pollux, viii. 50; Harpocr. and Suidas, s. v.'Avpo.
him for an enemy; that it was justifiable to slay A'winov.)
an adulterer if caught in ipSO delicto, or a paramour Those who were convicted of unintentional
caught in the same way with a sister or daugh- homicide, not perfectly excusable, were condemned
ter, or even with a concubine, if her children would to leave the country for a year. They were obliged
be free. (As to an adulterer, see Lys. de Eratosth. to go out (EiipEXEr0a) by a certain time, and by
caed. 94, ed. Steph.) It was lawful to kill a rob- a certain route (-ac'8, r adv), and to expiate
her at the time when he made his attack (ebdfs their offence by certain rites. Their term of absence
do.nsd/ueoo,) but not after. (Demosth. c. Aristocr. was called arEYzaVTr/y.ds. It was their duty also
629.) By a special decree of the people, made after to appease (aisEoai) the relations of the deceased,
the expulsion of the thirty tyrants, it was lawful to or if he had none within a certain degree, the
kill any man who attempted to establish a tyranny, members of his clan, either by presents or by
or put down the democracy, or committed treason humble entreaty and submission. If the convict
against the state. (Lycurg. c. Leocr. 165; Andoc. could prevail on them, he might even return before
de tVryst. 13, ed. Steph.) A physician was ex- the year had expired. The word aidseieOsa is used
cused who caused the death of a patient by mis- not only of the criminal humbling himself to the
take or professional ignorance. (Antiph. rerpaX. relations, but also of their forgivinghim. (Harpocr.
127, ed. Steph.) This distinction, however, must s. v.'Troqvra a; Demosth. c. Pantaen. 983, c. lanbe observed. Justifiable homicide left the perpe- cart. 1069, c. Aristocr. 643; Matth. p. 170.) The
trator entirely free from pollution (cKaOapdv). That property of such a criminal was not forfeited, and
which, though unintentional, was not perfectly it was unlawful to do any injury to him either on
free from blame, required to be expiated. See his leaving the country or during his absence.
the remarks of Antiphon in the Te'rpaoTyfa, B. (Demosth. c. Aristocr. 634.)
123. Such was the constitution of the courts, and the
It remains to speak of the punishment. state of the law, as established by Solon, and
The courts were not invested with a cliscre- mostly indeed by Draco; for Solon retained most:ionary power in awarding punishment; the law of Draco's qov'nol Ydlosi. (Demosth. c. Energ. 11 61,
determined this according to the nature of the c.Aristocr. 636.) But it appears that the jurisdiccrime. (Demosth. c. NAeaesr. 1372.) Wilful murder tion of the E'frae in later times, if not soon after
was punished with death. (Antiph. de Her. acted. the legislation of Solon, was greatly abridged;
130, ed. Steph.; Demosth. c. 1r/id. 528.) It was and that most of the #sovtcKa Bicat were tried by a
the duty of the Thesmothetae to see that the sen- common jury. It is probable that the people pretence was executed, and of the Eleven to execute ferred the ordinary method of trial, to which they
it. (Demosth. c. Aristocr. 630; Meier, Alt. Proc. were accustomed in other causes, criminal as well
p. 74; Schumann, Aszt. Jur. Publ. Gr. p. 246.) We as civil, to the more aristocratical constitution of the
have seen that the criminal might avoid it by fly- court of &pE'ra. Their jurisdiction isn the courts
ing before the sentence was passed. Malicious El' (pearTo? and E'rl lpvsTave'i, was, no doubt,
wounding was punished with banishment and con- still retained; and there seem to have been other
fiscation of goods. (Lys. c. Simnon. 100; Matth. peculiar cases reserved for their cognizance. (Polp. 148.) So were attempts to murder (30ovXeSoe1s). lux, viii. 125; Matth. p. 158; Schblmann, Ant.
But where the design was followed by the death Juz. Pub. p. 296.) Whether the powers of the
of him whose life was plotted against, and the Areiopagus, as a criminal comet, were curtailed by
crime was treated as a murder, it might be punished the proceedings of Pericles and Ephialtes, or only
with death, at least if it was tried in the Areio- their administrative and censorial authority as a
pagus; for it is doubtful whether the minor courts council, is a question which has been much dis(except that Ev Cpearo?) had the power of inflicting cussed. The strong language of Demosthenes
capital punishment. (Matth. p. 150; Schtimann, (c. Aristocr. 641) inclines one to the latter opinion.
Ant. Jor. Publ. Gr.p.294; Meier, Alt. Proc. p. 313.) See also Dinarchus (c. Aristog. init.), from which
If the criminal who was banished, or who avoided it appears there was no appeal from the decision
his sentence by voluntary exile, returned to the of that court. (Matth. 166; Platner, Proc. z.mnd
country, an Es&aetris might forthwith be laid against Klag. vol. i. p. 27; Schnimann, Ant. Juor. Pub. p. 301
him, or he might be arrested and taken before the Thirlwall, Gr. Ilist. vol. iii. c. 17. p. 24.)
Thesmothetae, or even slain on the spot. (Suidas, No extraordinary punishment was imposed by
s. v.:EvY&eitms; Matth. p. 168.) The proceeding by the Athenian legislator on parricide. Suicide was
iraywyo-y (arrest) might perhaps be taken against not considered a crime in point of law, though it
a murderer in the first instance, if the murder was seems to have been deemed an offence against reattended with robbery, in which case the prosecu- ligion; for by the custom of the country the hand
tor was liable to the penalty of a thousand drachms of the suicide was buried apart from his body.
if he failed to get a fifth of the votes. (Demosth. c. (Aesch. c. Ctes. 88, ed. Steph.) [C. R. K.]
Aristocr. 647; Meier, Att. Proc. p. 231.) But no PHORBEIA (peopesia). [CAPISTRUN.]
murderer, even after conviction, could lawfully be PHORMINX ((pJpuy1y). [LYRA.]
killed, or even arrested, in a foreign country. PHOROS (dpopos), literally tf/at swic/z is brounght
(Demosth. c. Aristocr. 631, 632.) The humanity in, was specially used to signify the tribute paid by
of the Greeks forbade such a practice. It was a the Attic states to Athens, which is spoken of under
principle of international law, that the exile had a TELOs.
safe asylum in a foreign land. If an Athenian was PHRA'TRIA. [CIVITAS, pp. 289, 290; TRIBUS
killed by a foreigner abroad, the only method by (GaaEEs).]
which his relations could obtain redress, was to PHRY'GIO. [PALLIUIM, p. 851, a.]
seize natives of the murderer's country (not nmore PHTHORA TON ELEUTHERON (p0opc
than three), and keep them until the murderer was r9^ E'AEvOiEpcov), was one of the offences that might
given utip fr judgment. (Demosthc. c. Aristocr. 647; be criminally prosecuted at Athens. The word