HEIRGMOU DIKE
HEIRGMOU DIKE (
εἱργμοῦ δίκη).
This was an action for keeping a free person in private custody. There are
no orations upon this subject extant. Pollux (6.353) mentions
εἱπγμὸς in a list of
ἀδικήματα. The
Lex. Cantabr. s. v. defines
it,
εἴ τίς τινα ἔδησεν ἢ συνέσχεν
ἀδίκως, and quoting Dem.
c. Mid. p. 562.147,
hints that Agatharchus the painter might have adopted this remedy against
Alcibiades ([Andoc.]
c. Alcib. §§ 17, 18;
Plut. Alc. 16). In Dinarch.
c.
Demosth. § 23, it is mentioned that a miller incurred
capital punishment for a like offence. Meier looked upon it as another
instance of
εἱργμός, whilst Maetzner (
ad l.c.) and Lipsius (
Att. Process,
p. 410 n.) take it to be a
γραφὴ ὕβρεως.
If the latter view be correct, the punishment was not so severe as to cause
any astonishment (such as Thonissen expresses,
Droit
pénal, p. 294 f.). Quite different from this action
was
ἀδίκως εἱρχθῆναι ὡς μοιχόν. [
ADULTERIUM]
[J.S.M] [H.H]
