Part 57

The King in the first place superintends the mysteries, in conjunction

with the Superintendents of Mysteries. The latter are elected in the

Assembly by open vote, two from the general body of Athenians, one from

the Eumolpidae, and one from the Ceryces. Next, he superintends the

Lenaean Dionysia, which consists of a procession and a contest. The

procession is ordered by the King and the Superintendents in

conjunction; but the contest is managed by the King alone. He also

manages all the contests of the torch-race; and to speak broadly, he

administers all the ancestral sacrifices. Indictments for impiety come

before him, or any disputes between parties concerning priestly rites;

and he also determines all controversies concerning sacred rites for

the ancient families and the priests. All actions for homicide come

before him, and it is he that makes the proclamation requiring polluted

persons to keep away from sacred ceremonies. Actions for homicide and

wounding are heard, if the homicide or wounding be willful, in the

Areopagus; so also in cases of killing by poison, and of arson. These

are the only cases heard by that Council. Cases of unintentional

homicide, or of intent to kill, or of killing a slave or a resident

alien or a foreigner, are heard by the court of Palladium. When the

homicide is acknowledged, but legal justification is pleaded, as when a

man takes an adulterer in the act, or kills another by mistake in

battle, or in an athletic contest, the prisoner is tried in the court

of Delphinium. If a man who is in banishment for a homicide which

admits of reconciliation incurs a further charge of killing or

wounding, he is tried in Phreatto, and he makes his defence from a boat

moored near the shore. All these cases, except those which are heard in

the Areopagus, are tried by the Ephetae on whom the lot falls. The King

introduces them, and the hearing is held within sacred precincts and in

the open air. Whenever the King hears a case he takes off his crown.

The person who is charged with homicide is at all other times excluded

from the temples, nor is it even lawful for him to enter the

market-place; but on the occasion of his trial he enters the temple and

makes his defence. If the actual offender is unknown, the writ runs

against 'the doer of the deed'. The King and the tribe-kings also hear

the cases in which the guilt rests on inanimate objects and the lower

animal.

The Athenian Constitution · 第 57 / 69 章