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XE´NIAS GRAPHE

XE´NIAS GRAPHE (ξενίας γραφή). This was a prosecution at Athens for unlawfully usurping the rights of citizenship. As no man could be an Athenian citizen, except by birth or creation (φύσει, γένει or ποιήσει, δωρεᾷ), if one, having neither of these titles, assumed to act as a citizen, he was liable to a γραφὴ ξενίας, which any citizen might institute against him (Lys. c. Agor. § 60; Isae. Pyrrh. § 37;--Dem. c. Boeot. i. p. 999.18, ii. p. 1020.41; c. Timoth. p. 1204.66; c. Neaer. p. 1363.52, etc.); or he might be proceeded against by εἰσαγγελία (Dinarch. c. Agasicl. cf. Hyper. pro Eux. 100.19, etc.). If condemned, his property and person were forfeited to the state, and he was forthwith to be sold for a slave ([Dem.] Epist. iii. p. 1481.29; Schol. Dem. c. Timocr. p. 741, etc.). The judgment, however, was arrested, if he brought a δίκη ψευδομαρτυριῶν against the witnesses who had procured his conviction, and convicted them of giving false testimony. During such proceeding he was kept in safe custody to abide the event (Dem. c. Timocr. p. 741.131). [MARTYRIA; Journ. of Philol. vi. p. 15 f.] When a person tried on this charge was acquitted by means of fraudulent collusion with the prosecutor or witnesses, or by any species of bribery (Aristotle in Lex. Rhet. Cantabr. p. 674: ἐάν τις δῶρα διδοὺς ἀποφύγῃ τὴν ξενίαν: cf. Harpocr. s. v.), he wag liable to be indicted afresh by a γραφὴ δωροξενίας, the proceedings in which, and the penalty, were the same as in the γραφὴ ξενίας. The jurisdiction in these matters belonged in the time of Demosthenes to the Thesmothetae, but anciently, at least in the time of Lysias (de Pecun. publ. § 8), to the Nautodicae.

In order to prevent fraudulent enrolment in the register of the δῆμοι, or ληξιαρχικὸν γραμματεῖον, which was important evidence of citizenship, the δημόται themselves were at liberty to revise their register, and expunge the names of those who had been improperly admitted. From their decision there was an appeal to a court of justice, upon which the question to be tried was much the same as in the γραφὴ ξενίας, and the appellant, if he obtained a verdict, was restored to the register; but, if judgment was given against him, was sold for a slave (Dem. c. Eubul. p. 1317.60 f.; Dionys. Halic. de Isaeo judic. 16, καὶ ἐὰν τὸ δεύτερον ἐξελεγχθῶσι, πεπρᾶσθαι αὐτούς, etc. Busolt, d. griech. Staats.-u. Rechtsalt. § 157, in I. Müller's Handbuch d. klass. Altertumswissensch., probably misled by Plut. Per. 37, ἐπράθησαν οὖν ἁλόντες ὀλίγῳ πεντακισχιλίων ἐλάττους, says that those whose names were expunged from the register were sold for slaves; it was only in case of a person not acquiescing in the verdict of the demotae and appealing to a court of justice (ἔφεσις), that, if judgment there also went against him, he was sold for a slave). [DEMUS; PARENGRAPTOI.] For an example of this, see the speech of Demosthenes against Eubulides; Isae. pro Euphil. (Att. Process, ed. Lipsius, pp. 95-98, 437-441.) C. R. K.]

[H.H]

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