On The Structure of Greek Tribal Society: An EssaySeebohm, Hugh E. (Hugh Exton)
History
On The Structure of Greek Tribal Society: An Essay
Seebohm, Hugh E. (Hugh Exton)
Greece -- History; Greece -- Law -- Antiquities; Greece -- Social life and customs; Land tenure -- Greece; Tribes
(M90) The ἀγχιστεία, limited to relations within the same degrees as for
other purposes, seems to be the unit in the case of pollution of the
kindred by the death—violent or natural—of one of their number.
“Whosoever(173) being related to the deceased on the male or
female side of those _within the cousinship_ (ἐντὸς ἀνεψιότητος),
shall not prosecute the murderer when he ought and proclaim him
outlaw, he shall take _upon himself_ the pollution and the hatred
of the gods ... and he shall be in the power of any who is willing
to avenge the dead....”(174)
“The pollution cannot be washed out until the homicidal soul which
did the deed has given life for life and has propitiated and laid
to sleep the wrath of the whole family” (ξυγγένεια).(175)
“If a brother wound a brother (ὁμόγονος) the parents (γεννῆται)
and the kinsmen (συγγενεῖς) to _cousins’ children_ on male and
female side shall meet and judge the case.”(176)
Ransom was forbidden; citizen was bound to citizen with ties that had
inherited too much of the tribal sanctity to admit of any extenuation of
the extreme penalty.
It was no doubt a wise policy on the part of the legislators, with the
view to the preservation of respect for life and property, to make the
responsibility for murder rest as widely as possible, and include as many
relations and connections on both sides as might be. In order also that
the wife, in case her husband was killed, and the daughter, in case her
father was killed, might be fully protected and represented among the
prosecuting kindred, the law of Draco seems to lay the necessity for
action also on the father-in-law and the son-in-law. The _phratria_, being
such a compact organisation and exacting such formal admission of its
members, would naturally be concerned to see that justice was dealt to any
of its number. Though we cannot include the _phratores_ amongst those
directly responsible equally with the near kinsmen for crimes committed by
one of their number, they would always have to take a certain part in
whatever was necessary to bring him to justice, besides being generally
concerned in all matters relating to kinship, which affected any member of
their _phratria_.
(M91) “Proclamation shall be made against the murderer in the agora within
[? his] cousinship and (the degree) of a first cousin, and prosecution
shall be made jointly by cousins and _cousins’ children and descendants of
cousins_, and sons-in-law and fathers-in-law and _phratores_.”
That Demosthenes here quotes a genuine law of Draco is proved by an
inscription found at Athens belonging to the year 409 B.C., recording this
sentence as part of the law of Draco about murder.(177)
In another place Demosthenes thus refers to the action of this law:—
“The law commands the relations to go forth and prosecute as far as
descendants of cousins; and in the oath it is defined what the
relationship actually is, etc.”(178)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account