The danger of an act of homicide is proportioned to the number
and power of the surviving relatives of the slain; but even a
small number is sufficient to necessitate flight (Odyss. xxiii.
120): on the other hand, a large body of relatives was the grand
source of encouragement to an insolent criminal (Odyss. xviii.
141).
An old law of Tralles in Lydia, enjoining a nominal ποινὴ of a
medimnus of beans to the relatives of a murdered person belonging
to a contemptible class of citizens, is noticed by Plutarch,
Quæst. Græc. c. 46, p. 302. Even in the century preceding
Herodotus, too, the Delphians gave a ποινὴ as satisfaction for
the murder of the fabulist Æsop; which ποινὴ was claimed and
received by the grandson of Æsop’s master (Herodot. ii. 134.
Plutarch. Ser. Num. Vind. p. 556).
The Homeric society, in regard to this capital point in human
progression, is on a level with that of the German tribes as
described by Tacitus. But the subsequent course of Grecian
legislation takes a direction completely different from that of
the German codes: the primitive and acknowledged right of private
revenge (unless where bought off by pecuniary payment), instead
of being developed into practical working, is superseded by more
comprehensive views of a public wrong requiring public intervention,
or by religious fears respecting the posthumous wrath of the murdered
person. In historical Athens, this right of private revenge was
discountenanced and put out of sight, even so early as the Drakonian
legislation,[159] and at last restricted to a few extreme and
special cases; while the murderer came to be considered, first as
having sinned against the gods, next as having deeply injured the
society, and thus at once as requiring absolution and deserving
punishment. On the first of these two grounds, he is interdicted
from the agora and from all holy places, as well as from public
functions, even while yet untried and simply a suspected person;
for if this were not done, the wrath of the gods would manifest
itself in bad crops and other national calamities. On the second
ground, he is tried before the council of Areiopagus, and if found
guilty, is condemned to death, or perhaps to disfranchisement and
banishment.[160] The idea of a propitiatory payment to the relatives
of the deceased has ceased altogether to be admitted: it is the
protection of society which dictates, and the force of society which
inflicts, a measure of punishment calculated to deter for the future.
[159] See Lysias, De Cæde Eratosthen. Orat. i. p. 94; Plutarch.
Solon, c. 23; Demosthen. cont. Aristokrat. pp. 632-637.
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