We are told elsewhere in Homer that sometimes a man accepted blood-money
from the slayer of his brother or his son, and that the slayer remained
in the land after paying this penalty (_Il._ ix. 633). As a rule the
slayer found it safest to flee (_Od._ xxiii. 118 f.), but even so, he
might be pursued by the friends of the slain (_Od._ xv. 272-278). If he
remained, the land was not (as in later ages) deemed to be polluted by
his presence. In Homer, Orestes does not slay Clytaemestra, and he needs
no "purification" for slaying Aegisthus.
Greek lawgivers: Lycurgus at Sparta.
The laws of Sparta are ascribed to the legislation of Lycurgus, whose
traditional date is 884 B.C. Written laws are said to have been
expressly forbidden by Lycurgus (Plutarch, _Lycurgus_, 13); hence the
"laws of Sparta" are simply a body of traditional observances. We learn
that all trials for homicide came before the Council of Elders and
lasted for several days, and that all civil causes were tried by the
ephors (q.v.). We are also told that originally the land was equally
divided among the citizens of Sparta, and that this equality was
enforced by law (Polybius vi. 45-46). Early in the 4th century the ephor
Epitadeus, owing to a disagreement with his son, enacted that every
Spartan should be allowed to transfer his estate and his allotment to
any other person (Plutarch, _Agis_, 5), while Aristotle, in a
much-debated passage of the _Politics_ (ii. 9. 14-15), criticizes the
Spartan constitution for allowing the accumulation of property in a few
hands, an evil aggravated by the large number of "heiresses"; "a man (he
adds) may bestow his heiress on any one he pleases; and, if he dies
intestate, this privilege descends to his heir."
Era of written laws.
Law was first reduced to writing in the 7th century B.C. A written code
is a necessary condition of just judgment, and such a code was the first
concession which the people in the Greek cities extorted from the ruling
aristocracies. The change was generally effected with the aid of a
single legislator entrusted with complete authority to draw up a code.
Zaleucus at Locri Epizephyrii.
Charondas at Catana, etc.
Androdamas of Rhegium.
Philolaus of Corinth.
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