[154\5: Such prohibition against taking a ~poinê/~ for murder is made by the Law ap. D. 23, 28: ~tou\s d' andropho/nous exei=nai apoktei/nein . . . lumai/nesthai de\ mê/, _mêde\ apoina=n_~ (cf. § 33 ~to\ de\ mêd' apoina=n; mê\ chrê/mata pra/ttein, ta\ ga\r chrê/mata a/poina ôno/mazon hoi palaioi/~). In spite of this Meier and others unjustifiably conclude that murder could be indemnified by payment of money, from the illegal practice mentioned in [D.] 58, 29: this speaks rather for the contrary. They have more appearance of justification when they appeal to Harp. (Phot. Suid., _E.M._ 784, 26; _AB._ 313, 5 ff.), s.v. ~hupopho/nia; ta\ epi\ pho/nô| dido/mena chrê/mata toi=s oikei/ois tou= phoneuthe/ntos, hi/na mê\ epexi/ôsin~. On the strength of this Hermann, _Gr. Staatsalt._^5 104, 6, says, "even intentional murder could be absolutely indemnified." Nothing is actually said of ~pho/nos hekou/sios~ here nor do we anywhere learn that the payment of ~hupopho/nia~ {212} on the occasion of a murder was ever a formally _legalized_ proceeding. It remains possible, and even in the circumstances more probable, that Dinarch. and Thphr. in the passages on ~hupopho/nia~ quoted by Harp. referred to the practice as one _forbidden_ by law, though it might be, on occasion, an actual fact. If we had only the gloss of Suidas--~a/poina; lu/tra, ha\ di/dôsi/ tis hupe\r pho/nou ê\ sô/matos. hou/tôs So/lôn en no/mois~--we might have concluded that payment of such blood-money was allowed in Athens and mentioned in Solon's laws as allowable. This would be quite as justifiable as to argue as above from Harp. s. ~hupopho/nia~. We know, in fact, that the law referred to the ~a/poina~ and ~apoina=n~ as _forbidden_ things, from the passages already quoted from Dem. (23, 28-33). From these the gloss was itself probably derived.] [155\5: We cannot, however, believe on the poor authority of Sch. Dem, p. 607, 16 ff., that the ~hieropoioi\ tai=s Semnai=s theai=s~ were selected out of the whole Athenian citizen body by the Areiopagos. ("Three" were chosen out of all the Athenians: D. 21, 115; at other times "ten": Dinarch. ap. _EM._ 469, 12 ff.; an indefinite number: Phot. ~hieropoioi/~.) According to all analogies we should rather expect this selection to have been made by the popular Assembly.]