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On this page: Exagoges Dike – Exaireseos Dike

EXAIRESEOS DIKE.

assessors of the former, than a totally distinct class of officers, as will be seen hereafter. All accounts of those officers who had anything to do with the public money were, after the expiration of their office, first sent in to the Aoytcrrat, who examined them, and if any difficulty or incorrectness was dis­covered, or if charges were brought against an ex-officer within the period of 30 days, the further in­quiry devolved upon the evdvvoi, before whom the officer was obliged to appear and plead his cause. (Hermann, Polit. Antiq. of Greece^ § 154. 8.) If the zijQvvot found that the accounts were unsatis­factory, that the officer had embezzled part of the public money, that he had accepted bribes, or that charges brought against him were well founded, they referred the case to a court of justice, for which the \oyiffrai appointed the judges by lot, and in this court their herald proclaimed the ques­tion who would come forward as accuser. (Aeschin. c. Ctesipli. p. 57, ed. Steph. ; Etymol. Magn. s. «. EvfliW ; Bekker, Anecdot. p. 245. 6.) The place where the court was held was the same as that to which ex-officers sent their accounts to be examined by the Xoyicrrai, and was called XoyiffTi}piov. (Andocid. De Myst. p. 37 ; Lys. c. Polystrat. p. 672.) It can scarcely be doubted that the evdvvot took an active part in the trials of the \oyi<rTrf)-piov: but whether they acted only as the asses­sors of the XoyuTTOA., or whether they, as Pollux states, exacted the embezzled sums and fines, in­stead of the practores, is uncertain. The number of the evQvvoi, as well as that of the \oyiffT al9 was ten, one being taken from every tribe. (Phot. s. v. Ev0wos, and Harpocrat. s. v. Acrytcrrai.) The Aoyicrrai were appointed by the senate, and chosen by lot; whether the zvOvvoi were likewise chosen by lot is uncertain, for Photius uses an expression derived from K\TJpos (lot), while Pollux (viin 99) states that the eftOvvoi irpocraipovvTai, scil. to?s AoyifTTcus, according to which they were like the as­sessors of the archons; the latter account, however, seems to be more consistent and more probable. Every evQwos had two assessors (TrctpeSpoi). (See Bockh, PuU. Econ. L c.; Titmann, Griecli. Staatse. p. 323, &c.; Hermann, Polit. Antiq. of Greece, § 154; Schomann, Antiq. Jtir. publ. Gra.ec. p. 239, &c.)

The first traces of this truly democratic institu­tion are generally found in the establishment of the archonship (apx^l vtrebQvvos) instead of the kingly power, by the Attic nobles (Pans. iv. 5. 4)-. It was from this state of dependence of the first magistrates upon the order of the nobles that, iii the course of time, the regular euthyne arose. Simi­lar institutions were established in several other republics of Greece. (Arist. Polit. vi. 5 ; Wachs* ninth, ffellen Alterth. i. p. 419, &c. 2d. ed.) [L.S.]

EXAGOGES DIKE (Qaymyris mkt?), a suit of a public nature, which might be instituted against one, who, assuming to act as the protector (Kttpios} of an Athenian woman, married her to a foreigner in a foreign land,. This was contrary .to law, intermarriage with aliens being (as a general rule) prohibited, In the speech of Demosthenes against Timocrates (p. 763), he is charged with having sold his sister to a Corcyrean, on pretence of giving her in marriage. (Meier, Att. Proc. p. 350.) [C.K.K.]

EXAIRESEOS DIKE (Qcupttrevs 5t'/ci?), was an action brought to recover damages for the at­tempt to deprive the plaintiff of his slave ; not where the defendant claimed a property in the

479

EXAUGURATIO.

slave, but where he asserted him to be a freeman. As the condition of slavery at Athens incapacitated a man to take any legal step in his own person, if a reputed slave wished to recover his rights as a freeman, he could only do it by the assistance of one who was himself a freeman. He then put himself under the protection of such a person, ^vho was said e£atpe?(T0cu or afyaipe'ia'Qa.i czvrbv €ts eAeu-Bepiav^ in libertatem vindicare. If the master sought to reclaim him, he proceeded to take manual possession, cvyziv avrbv els SovXsiav. A runaway slave might at any time be seized by his master, either in the open street or elsewhere, except in a sanctuary. - If the friend or person who harboured the slave meant to contest the master's right, the proper course was to go with him before the ma­gistrate, and give security for the value of the slave and costs, in case a court of law should decide against him. The magistrate who took cognizance of the cause was the archon, where a man claimed to be a citizen ; the polemarch, where he claimed to be an alien freeman. It was the duty of the archon or polemarch to set the man at libertr pendente lite. In the suit that followed, the plaintiff had to prove his title to the ownership of the slave, and, if successful, obtained such compensa­tion as the jury chose to award ; this being a Ti/z^Tbs ay<V, and half of the Ti/.i7?,ua being given to the state. (Dem. c. T/teocr. p. 1328.) A verdict for the plaintiff drew with it, as a necessary con­sequence, the adjudication of the ownership, and he would be entitled to take possession of hia slave immediately ; if, however, the slave had escaped in the meantime, and evidence of such fact were produced, the jury would probably take that into consideration in estimating the damage?. .

If the friend, in resisting the capture of the slave, had used actual violence, he was subject to a diKrj fiiaiuv. And if the soi-disant master had failed in the e£. Suo?, the injured party might maintain an action against him for the attempted seizure. (Lys. c. Panel, p. 734, &c., with Reiske's note ; Dem. c. Neaer. p. 1358 ; Harpocr. s. v. JE|atpe<rea>s, aud^Ayet ; Meier, Att. Proc. p. 394.)

In a speech of Isocrates (Trapez. p. 361), the defendant, a banker, from whom it is sought to re­cover a deposit, is charged with having asserted the freedom of his own slave, in order to prevent his being examined by torture respecting the sum of money deposited in his hands. This is remark­able on two accounts: first (as Meier observes), because it seems to prove that one not the owner

if he had an

of the slave could bring the e£.

interest in the matter ; secondly, because it was optional with a man to give up his slave to the torture or notj the refusal being only matter of ob­servation to the jury ; and, therefore, it appears strange that any one should have recourse to a measure, the result. of which (if successful) would be, to deprive him of his property. [C. R. K.] EXAUCTORA'TIO. [EximciTUs.] EXAUGURATIO is the act of changing a sacred thing into a profane one, or of taking a war from it the sacred character which it had received by inauguratio, consecratio, or dedicatio. That such an act was performed by the augurs, and never without consulting the pleasure of the gods by augurium, is implied in the name itself. (Liv. i. 55, v. 54 ; Dionys. Hal. Antiq. Rom. iii. p. 202, ed. Sylburg ; Cato. ap. Fest. s. -v. Nequitium.') Temples, chapels, and other consecrated places^ as

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