Hyperides Against Philippides 11

1. The penalties for illegal proposals and for giving false witness seem to have been the same, although the exact rules governing them in the 4th century B.C. are not quite clear. In the 5th century a man three times convicted of false witness was automatically disfranchised (See Andoc. 1.74 ), and the present passage suggests that in the 4th century too a third conviction led to partial ἀτιμία. (Cf. Dem. 51.12 and Plat. Laws. 937 c , evidently inspired by current Athenian practice.) The actual penalty seems to have been a fine; but if this was not paid the prosecutor had the right to enforce the judgement by a suit of ejection( δίκη ἐξούλης) and thus partially disfranchise the culprit. (See Isoc. 16. 47 .) When orators speak as if ἀτιμία were inevitable after any conviction they are probably exaggerating.