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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 ἐκσο̂ναι, 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. i. p. 787.55) is very complicated (Lipsius, Leipz. Stud. vi. 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. Pl. 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, 62 f.). 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）
Dictionary of Greek and Roman Antiquities
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