In a continuation of this same passage Demosthenes[78] refers to a sixth legal process, involving, so to speak, a possible sixth homicide-court, which we have already[79] identified with the Prison court of ‘the Eleven,’ a special Heliastic court of summary jurisdiction. Demosthenes says: ‘If a man is ignorant of all the other legal courses, or if the time within which they must be followed has gone by, or if for any reason whatever he does not choose to adopt those (other) methods of prosecution, and sees the homicide walking about in the temples or in the market-place, it is lawful for him to “arrest” and bring the murderer to prison ... and when he is brought to prison, he will suffer no punishment till he is tried, but if he is found guilty, he will be punished with death: if however the person who arrested him does not get a fifth part of the votes, he will pay a fine of 1000 drachmae.’ Aristotle[80] says of the Eleven Gaol commissioners: ‘Their duties are to have charge of prisoners, to put to death all thieves, kidnappers and highway robbers if they confess their guilt, to bring them before the Heliasts if they plead not guilty, to discharge them if acquitted, to put them to death if convicted.’ Demosthenes clearly does not refer to a convicted murderer _en rupture de ban_. Glotz[81] is right in rejecting this possible interpretation of the passage. By a law of Dracon[82] a convicted murderer _en rupture de ban_ could be put to death by the first person who met him or taken to the ‘Eleven’ for execution, without further trial. But Demosthenes suggests that the ‘Eleven’ could try a murderer and condemn him to death! Pollux[83] assures us that ‘the Eleven’ sat as a Heliastic court. But could they try cases of homicide? Was prosecution open to any citizen? Was there at Athens a γραφὴ φόνου? THE QUESTION OF A ΓΡΑΦῊ ΦΌΝΟΥ