[143\5: ~I~ 632 ff. ~kai\ me/n ti/s te kasignê/toio phonê=os **poinê\n ê\ hou= paido\s hede/xato tethnêô=tos; kai/ rh' ho me\n en dê/mô| me/nei autou= po/ll' apoti/sas tou= de/ t' erêtu/etai kradi/ê kai\ thumo\s agê/nôr poinê\n dexame/nou~. Here it is very plainly represented that all that is required is to appease "the heart and spirit" of the receiver of the ~poinê/~: the murdered man is not considered.] [144\5: It is very natural to suppose that the ~poinê/~ (as K. O. Müller suggests in _Aesch. Eum._ 145 [122 E T.]) may have arisen out of the substitution of a vicarious sacrifice instead of that of the murderer himself, who should strictly have been offered to the dead man. In this way primitive human sacrifice has in many cases been replaced by sacrifice of animals. In that case the ~poinê/~ too must have originally been offered to the murdered man: in Homeric times {210} only the satisfaction of the living avenger was thought of.--In any case it is a mistake to look upon the permission to buy off the blood-feud as a mitigation of primitive severity in the taking of vengeance due to the intervention of the State. The State in this case mitigated nothing since it took no interest at all (in Homer) in the treatment of murder cases. Of course, legal proceedings can be taken to decide whether a stipulated ~poinê/~ has been paid or not (~S~ 497 ff.), as in the case of any other ~sumbo/laion~. But the prosecution of the murderer in all its departments is left entirely in the hands of the family of the murdered man.] [145\5: We have very few details on this point. In Sparta ~hoi ge/rontes (dika/zousi) ta\s phonika\s (di/kas)~, Arist., _Pol._ 3, 1, p. 1275b 10 (and in Corinth, too, D.S. 16, 65, 6 ff.). Involuntary homicide is punished by exile and (in this being more severe than at Athens) perpetual exile as it appears. The Spartiate Drakontios serving in the army of the Ten Thousand ~e/phuge _pai=s_ ô\n oi/kothen pai=da a/kôn **katakanô\n~ (like Patroklos in fact, ~Ps~ 87), ~xuê/lê| pata/xas~, Xen., _An._ 4, 8, 25. If his banishment had been only temporary the period must have expired long before.--In Kyme there are vestiges of _legal_ prosecution of murder (with witnesses): Arist., _Pol._ 1269a, 1 ff.--In Chalkis ~epi\ Thra/kê|~ the laws of Androdamas of Rhegion were in force ~peri/ te ta\ _phonika\_ kai\ ta\s epiklê/rous~, Arist., _Pol._ 2, 8, p. 1274b 23 ff.--In Lokri were used the laws of Zaleukos in combination with Cretan, Spartan and Areopagite institutions; these last undoubtedly dealing with homicide, which must therefore have been regulated constitutionally. (Str. vi, 260, following Eph.)]