Thesauros Literature Oratory κατὰ Ἀριστοκράτους

κατὰ Ἀριστοκράτους

κατὰ Ἀριστοκράτους Demosthenes
31 Does he say that they are to be taken to the house of the prosecutor, or as he pleases? No, indeed. How are they to be arrested? As directed on the first turning-table, is the phrase; and you all know what that means. The judicial archons are there authorized to punish with death persons who have gone into exile on a charge of murder. Only last year you all saw the culprit who was arrested by them in the Assembly.
32 It is to the archons, then, that the murderer is to be taken on arrest; and that differs from being taken to the house of the prosecutor in this respect, men of Athens,—that the captor who carries a man to the judges gives control of the malefactor to the laws, while the captor who takes him home gives such control to himself. In the former case punishment is suffered as the law enjoins; in the latter, as the captor pleases; and of course it makes a vast difference whether the retribution is controlled by the law or by a private enemy.
33 Not to maltreat or amerce, says the statute. What does that mean? Every one, I am sure, understands that not to maltreat means that there is to be no scourging, no binding nor anything like that, and that not to amerce means not to extort blood-money, for the ancients called fining amercement.

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