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EXSTLTUM.
EXSILIUM.
513
a court of justice (/cA’/jreuc-iy or e/c/cAr/reueiv, Pollux, viii. 37 ; Aeschin. c. Timarch. p. 71), was obliged by law to obey the summons, unless he could establish by oath that he was unacquainted with the case in question. (Demosth. De Fals. Leg. p. 396, c. Neaer. p. 1354, c. Aphob. p. 850 ; Suidas, s. v. 3E£ofj.6(ra(rQat.) This oath was called c£o>^uocna, and the act of taking it was expressed by e£6fj(,vucrQat. (Demosth. c. StepJi. i. p. 1119 ; c. JEubtdid. p. 1317 ; Harpocrat. s. v.) Those who refused to obey the summons without being able to take the <f£co/x.ocria, incurred a fine of one thousand drachmae ; and if a person, after promising to give his evidence, did nevertheless not appear when railed upon, an action called €iiro/*apTvpiov, or (B<i§r)s fti/o?, might be brought against him by the panics who thought themselves injured by his having withheld his evidence. (Demosth. c. Timotli. p. 1190 ; Meier, Ait. Proc. p. 387, &c.)
When the people in their assembly appointed a man to a magistracy or any other public office, he was at liberty, before the SoKipaffia took place, to decline the office, if he could take an oath that the state of his health or other circumstances ren dered it impossible for him to fulfil the duties connected with it (^o^vva-Qat r^v ctpxVj or rtyv v’) : and this oath was likewise called , or sometimes a7ra>/x,ocria. (Demosth. De Fals. Leg. p. 379, c. Timoth. p. 1204 ; Aeschin. De Fals. Leg. p. 271 ; Pollux, viii. 55 ; Etymol. Mag. s. v.} [L. S.J
EXOSTRA (e£c£<rrpa, from (?£«0«w), was one of the many kinds of machines used in the theatres of the ancients. Cicero (De Prov. Cons, 6), in epeaking of a man who formerly concealed his vices, expresses this sentiment by post sipa-rium lieluabatur ; and then stating that he now shamelessly indulged in his vicious practices in public, says,ja?« in exostra heluatur. From an attentive consideration of this passage, it is evident that the exostra was a machine by means of which things which had been concealed behind the sipa-rium, were pushed or rolled forward from behind it, and thus became visible to the spectators. This machine was therefore verv much like the zkkv-
V
KA7/xa, with this distinction, that the latter was moved on wheels, while the exostra was pushed forward upon rollers. (Pollux, iv. 128 ; Schol. nd Aristoph. Ackarn. 375.) But both seem to have been used for the same purpose ; namely, to exhibit to the eyes of the spectators the results or consequences of such things — e. c/. murder or suicide
— as could not consistently take place in the proscenium, and were therefore described as having occurred behind the siparium or in the scene.
The name exostra was also applied to a peculiar Kind of bridge, which was thrown from a tower of the besiegers upon the walls of the besieged town, and across which the assailants marched to attack those of the besieged who were stationed on the ramparts to defend the town. ( Veget. De Re Milit. iv. 21.) [L. S.]
EXOULES DIKE (^ofays St/ciy). [Eii-
13ATEIA.]
EXPLORATORES. [ExERcrrus, p. 509, a,]
EXSEQUIAE. [funus.]
EXSILIUM (<pvyf} banishment. i.greek.
— Banishment among the Greek states seldom, if ever, appears as a punishment appointed by law for particular offences. We might, indeed, expect this j for the division of Greece into a number of
independent states would neither admit of the establishment of penal colonies, as amongst us, nor of the various kinds of exile which we read of under the Roman emperors. The general term (pvyf) (flight) was for the most part applied in the case of those who, in order to avoid some punishment or danger, removed from their own country to another. Proof of this is found in the records of the heroic ages, and chiefly where homicide had been committed, whether with or without malice aforethought. Thus (//. xxiii. 88) Patroclus appears as a fugitive for life, in consequence of manslaughter (avdpoKTacriiti) committed by him when a boy, and in anger. In the same manner (Horn. Od. xv. 275) Theoclymenus is represented as a fugitive and wanderer over the earth, and even in foreign lands haunted by the fear of vengeance, from the numerous kinsmen of the man whom he had slain. The duty of taking vengeance was in cases of this kind considered sacred, though the penalty of exile was sometimes remitted, and the homicide allowed to remain in his country on payment of a iroivf], the price of blood, or wehrgeld of the Germans (Tacit. Germ. 21), which was made to the relatives or nearest connections of the slam. (II. ix. 630.) Even though there were no relatives to succour the slain man, still deference to public opinion imposed on the homicide a temporary absence (Od. xxiii. 119, and Schol.), until he had obtained expiation at the hands of another, who seems to have been called the ayvirtis or purifier. For an illustration, of this, the reader is referred to the story of’ Adrastus and Croesus. (Herod, i. 35.)
In the later times of Athenian history, tyvyfi, or banishment, partook of the same nature, and was practised nearly in the same cases, as in the heroic ages, with this difference, that the laws more strictly defined its limits, its legal consequences, and duration. Thus an action for wilful murder was brought before the Areiopagus, and for manslaughter before the court of the Ephetae. The accused might, in either case, withdraw himself (fyvyziv’) before sentence was passed ; but when a criminal evaded the punishment to which an act of murder would have exposed him had he remained in his own land, he was then banished for ever (<p€i>yei aej^iryfav), and not allowed to return home even when other exiles were restored upon a general amnesty, since on such occasions a special exception was made against criminals banished by the Areiopagus (ol e’£ ‘Apefow Trciyov (fictiyovTss). A convicted murderer, if found within the limits of the state, might be seized and put to death (Dem. c. Arts. p. 629), and whoever harboured or entertained (u7re5e’4«To) any one who had fled from his country to avoid a capital punishment, was liable to the same penalties as the fugitive himself. (Dem. c. Polycl. p. 1222. 2.)
Demosthenes (c. Aris. p. 634) says, that the word <f>evyew was properly applied to the exile of those who committed murder, with, malice aforethought, whereas the term /ue0orTa<r0ai, was used where the act was not intentional. The property also was confiscated in the former case, but not in the latter.
When a verdict of manslaughter was returned, it was usual for the convicted party to leave (l|?} €) his country by a certain road, and to remain in exile till he induced some one of the relatives of the slain man to take compassion on him. During his absence, his possessions were eiririf.ia^ that is, not confiscated ; but if he remained at home or returned before the requirements of the law wero
