2. Charges of unpremeditated homicide, or of instigating another to
inflict bodily harm on a third person, or of killing a slave or a
resident alien or a foreigner, were tried at the Palladion, the
ancient shrine of Pallas, east of the city-walls. The punishment for
unpremeditated homicide was exile (without confiscation) until such
time as the criminal had propitiated the relatives of the person
slain, or (failing that) for some definite time. The punishment for
instigating a crime was the same as for actually committing it.
At the Delphinion.
3. Trials at the Delphinion, the shrine of Apollo Delphinios, in the
same quarter, were reserved for special cases of either accidental or
justifiable homicide.
At Phreatto.
4. If a man already in exile for unpremeditated homicide were accused
of premeditated homicide, or of wounding with intent to kill,
provision was made for this rare contingency by permitting him to
approach the shore of Attica and conduct his defence on board a boat,
while his judges heard the cause on shore, at a "place of pits" called
Phreatto, near the harbour of Zea. If the accused were found guilty,
he incurred the proper penalty; if acquitted, he remained in exile.
At the Prytaneum.
5. The court in the precincts of the Prytaneum, to the north of the
Acropolis, was only of ceremonial importance. It "solemnly heard and
condemned undiscovered murderers, and animals or inanimate objects
that had caused the loss of life."[2] The writ ran "against the doer
of the deed," and any instrument of death that was found guilty was
thrown across the frontier. The trial was held by the four
"tribe-kings" ([Greek: phylobasileis]), an archaic survival from
before the time of Cleisthenes. (On these five courts see Aristotle's
_Constitution of Athens_, c. 57, and Dem. _Aristocr._ 65-79.)
Ephetae.
In all the courts of homicide the president was the archon-basileus,
or king-archon, who on these occasions laid aside his crown.
Originally all these courts were under the jurisdiction of an ancient
body of judges called the ephetae ([Greek: ephetai]), whose
institution was ascribed to Draco. The transfer of the first of the
above courts to the council of the Areopagus is attributed to Solon.
In practice the jurisdiction of the ephetae (see also AREOPAGUS) was
probably confined to the courts at the Palladion and Delphinion; but
even there the rights of this primitive body became obsolete, for
trials "at the Palladion" sometimes came before an ordinary tribunal
of 500 or 700 jurors (Isocr. _c. Callim._ 52, 54; [Dem.] _c. Neaeram_,
10).
The presidents of the tribunals.
The chief archon.
The king-archon.
The polemarch.
The strategi.
The thesmothetae.
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