exagoges graphe

EXAGO´GES GRAPHE´(ἐξαγωγῆς γραφή) might be instituted, it is said, against one who, acting as κύριος of an Athenian woman, married her to a foreigner in a foreign land (Att. Process, ed. Lipsius, p. 443 f.). Our information concerning this suit is very scanty. Timocrates is charged with having sold his sister to a Corcyrean, an offence deserving capital punishment (Dem. c. Tim. p. 763.202); he meets the charge by saying that he married her to a foreigner and did not sell her (τὴν μὲν ἀδελφὴν ἐπ' ἐξαγωγῇ φησὶ μὲν ἐκσο̄ναι, πεπρακε δὲ τῷ ἔργῳ). From this Thonissen (Droit Pénal, p. 345 n.) concludes that giving in marriage to a foreigner in due form was not actionable. The action against Aristogiton ([Dem.] c. Aristog. 1. p. 787.55) is very complicated (Lipsius, Leipz. Stud. 6. p. 323 f.); he is charged by his own brother with having sold their half-sister to be taken into a foreign country, ἐπ' ἐξαγωγῇ ἀπέδοτο (cf. Pollux, 3.125) ὥς φησι τὸ ἔγκλημα τῆς δίκης, etc. The charge is the same, viz. πρᾶδις ἐπ' ἐξαγωγῇ ? ( § 58), and the punishment is the same, viz. death ( § 80), as in Timocrates' case, but the speaker calls as witness the arbitrator in the action ( § 58), and only private actions could be laid before arbitrators; moreover the term ἔγκλημα is employed ( § § 58, 80), which is used of private actions only (Att. Process, ed. Lipsius, p. 791), yet it is scarcely possible that such an offence could have been the subject of a private action. Dareste (Plaidoyers polit. de Dem. ii. pp. 344-346) suggests that it was a private action brought by the brother in order to obtain his half of the price realised by the sale, but the wording of the charge ( § 58) makes this supposition untenable. Lipsius (Att. Process, p. 275, n. 209; cf. p. 791, n. 105) does not consider ἐπ' ἐξαγωγῇ πιπράσκειν a technical term, and thinks that such an offence had to be proceeded against by a γραφὴ ἀνδραποδισμοῦ: cf. the definition of ἀνδραποδιστής, given by the Scholiast on Aristoph. Plut. 521, οὐ μόνον ὁ τοὺς ἐλευθέρους δι' ἀπάτης ἀπάγων εἰς δουλείανο (Etym. M. 102, 7), etc.; such offenders were put to death (Xen. Mem. 1.2, 62f.). A third instance of this action is supplied by Ps. Plut. Vitt. X. Oratt. p. 834 E. Andocides sent a relative of his as a present (Tzetz. Hist. Chil. 6.373, πυρῶν πωλεῖ τῷ βασιλεῖ) to the king of Cyprus, λάθρα τῶν οἰκέων ἐξαγαγών, but stole her again when he was to be brought before a court (μέλλων ἐπὶ τούτοις εἰς δικαστήριον εἰσάγεσθαι)