Plato (De Legg. ix. pp. 871-874), in his copious penal
suggestions to deal with homicide, both intentional and
accidental, concurs in general with the old Attic law (see
Matthiæ, Miscellanea Philologica, vol. i. p. 151): and as
he states with sufficient distinctness the grounds of his
propositions, we see how completely the idea of a right to
private or family revenge is absent from his mind. In one
particular case, he confers upon kinsmen the privilege of
avenging their murdered relative (p. 871); but generally, he
rather seeks to enforce upon them strictly the duty of bringing
the suspected murderer to trial before the court. By the Attic
law, it was only the kinsmen of the deceased who had the right
of prosecuting for murder,—or the master, if the deceased was
an οἰκέτης (Demosthen. cont. Euerg. et Mnesibul. c. 18); they
might by forgiveness shorten the term of banishment for the
unintentional murderer (Demosth. cont. Makart. p. 1069). They
seem to have been regarded, generally speaking, as religiously
obliged, but not legally compellable, to undertake this duty;
compare Plato, Euthyphro, capp. 4 and 5.
[160] Lysias, cont. Agorat. Or. xiii. p. 137. Antiphon. Tetralog.
i. 1, p. 629. Ἀσύμφορον δ᾽ ὑμῖν ἐστὶ τόνδε, μιαρὸν καὶ ἄναγνον
ὄντα, εἰς τὰ τεμένη τῶν θεῶν εἰσιόντα μιαίνειν τὴν ἅγνειαν αὐτῶν,
ἐπὶ δὲ τὰς αὐτὰς τραπέζας ἰόντα συγκαταπιμπλάναι τοὺς ἀναιτίους·
ἐκ γὰρ τούτωον αἵ τε ἀφορίαι γίνονται, δυστυχεῖς θ᾽ αἱ πράξεις
καθίστανται.
The three Tetralogies of Antipho are all very instructive
respecting the legal procedure in cases of alleged homicide: as
also the Oration De Cæde Herodis (see capp. 1 and 2)—τοῦ νόμου
κειμένου, τὸν ἀποκτείναντα ἀνταποθανεῖν, etc.
The case of the Spartan Drakontius, one of the Ten Thousand
Greeks who served with Cyrus the younger, and permanently
exiled from his country in consequence of an involuntary murder
committed during his boyhood, presents a pretty exact parallel
to the fatal quarrel of Patroklus at dice, when a boy, with the
son of Amphidamas, in consequence of which he was forced to seek
shelter under the roof of Pêleus (compare Iliad, xxiii. 85, with
Xenoph. Anabas. iv. 8, 25).
Public-domain text, read in full here on John Shaqi.
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