Theft by day was not a capital offence, but if perpetrated by night the felon might lawfully be slain by the owner.

The tendency to lean to the side of mercy in all cases may be perceived from this--that if the suffrages of the judges were evenly divided, it was the custom in all the courts of Athens to acquit the accused.

The punishment of death was rare; that of atimia supplied its place.

Of the different degrees of atimia it is not my purpose to speak at present.

By one degree, however, the offender was merely suspended from some privilege of freedom enjoyed by the citizens generally, or condemned to a pecuniary fine; the second degree allowed the confiscation of goods; the third for ever deprived the criminal and his posterity of the rights of a citizen: this last was the award only of aggravated offences.