inexpediency (see note on Aristotle's _Constitution of Athens_, p.
219, ed. Sandys). A prosecutor who (like Aeschines in his indictment
of Ctesiphon) failed to obtain one-fifth of the votes was fined 1000
_drachmae_ (L40), and lost the right to adopt this procedure in
future. When a year had elapsed, the proposer of a law or a decree was
free from personal responsibility. This was the case with Leptines,
but the law itself could still be attacked, and, in this event, five
advocates were appointed to defend it ([Greek: sundikoi]), cf. Dem.
_Lept._ 144, 146.
The laws of Athens.
Limits of space make it impossible to include in the present article any
survey of the purport of the extant remains of the laws of Athens. Such
a survey would begin with the laws of the family, including laws of
marriage, adoption and inheritance, followed by the law of property and
contracts, and the laws for the protection of life, the protection of
the person, and the protection of the constitution. The texts have been
collected and classified in Telfy's _Corpus juris Attici_ (1867), a work
which can be supplemented or corrected with the aid of Aristotle's
_Constitution of Athens_; while some of the recent expositions of the
subject are mentioned in the bibliography at the end of this article. We
now proceed to notice the law of homicide, but solely in connexion with
jurisdiction.
Jurisdiction; the five primitive tribunals for the trial of homicide.
The general term for a tribunal is [Greek: dikasterion] (from [Greek:
dikazo]), Anglicized "dicastery." Of all the tribunals of Athens those
for the trial of homicide were at once the most primitive and the least
liable to suffer change through lapse of time. In the old Germanic law
all trials whatsoever were held in the open air (Grimm 793 f.). At
Athens this custom was characteristic of all the five primitive courts
of homicide, the object being to prevent the prosecutor and the judges
from coming under the same roof as one who was charged with the shedding
of blood (Antiphon, _De caede Herodis_, 11). The place where the trial
was held depended on the nature of the charge.
On the Areopagus.
1. The rock of the Acropolis, outside the earliest of the city-walls,
was the proper place for the trial of persons charged with
premeditated homicide, or with wounding with intent to kill. The
penalty for the former crime was death; for the latter exile; and, in
either case, the property was confiscated. If the votes were equal,
the person accused was acquitted. The proceedings lasted for three
days, and each side might make two speeches. After the first speech
the person accused of premeditated homicide was mercifully permitted
to go into exile, in which case his property was confiscated, and in
the ordinary course he remained in exile for the rest of his life.
At the Palladion.
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