Poine: a study in ancient Greek blood-vengeanceTreston, Hubert Joseph
History
Poine: a study in ancient Greek blood-vengeance
Treston, Hubert Joseph
Criminal law (Greek law); Greece -- Civilization; Greek drama (Tragedy) -- History and criticism; Homicide (Greek law); Vendetta
Again,[184] in regard to suicide, Plato says that it is necessary for
the relatives of the deceased to inquire of the ‘Interpreters’ as to the
proper methods of purification and of burial.
But the most decisive argument to be derived from Plato as to the
connexion of Apollo with purgation and with Greek homicide law can be
found in the scholium to a passage in the _Laws_, a scholium which
incidentally supplies a proof of the historicity of Plato’s murder laws.
The passage enunciates different cases of justifiable homicide, or rather
justifiably accidental homicide—the essence of such discrimination lies
in the fact that certain kinds of accidental slaying were foreseen and
provided for, in advance, whether by custom, or by public opinion, or
by written codes—and the cases which are here enunciated are identical
with those of the Draconian law regarding justifiable bloodshed.[185]
We cite only a section of the passage,[186] which is sufficient for our
present purpose. ‘If any person unintentionally slays a fellow-citizen
(φίλος) in a “contest” or at the public games ... or during war, or in
military exercises ... in imitation of warfare ... let him be purified
according to the law brought from Delphi about such matters and be
immune from punishment (καθαρός).’ The scholiast gives the Delphic law,
as follows.[187] ‘_The law or oracle_ brought from Delphi regarding
a man who kills his friend (_i.e._ fellow-citizen, as distinct from
public enemy) involuntarily:—“Thou hast slain thy comrade (ἑταῖρον)
while intending to defend him (ἀμύνων)—his blood doth not pollute thee:
thou art purer than thou wast before: but thou, man, who standing near
a comrade being killed hast not defended him—thou hast gone not pure
away.”’ That such important cases of justifiably accidental homicide
should be provided for by Delphic legislation is a most noteworthy fact.
Such cases are mentioned in Dracon’s laws, and we presume that they found
a place in other Greek written codes. The reference to ‘public games’
suggests unmistakably an international code of laws. Here, then, we find
Plato, a member of that Attic State which prided itself on the early
foundation[188] of the Delphinium court, for the trial of justifiable
homicide, in the time of its first Ionian Kings, advising a conformity
to Delphic legislation in homicides of this kind! This scholium, if
properly weighed and considered, would in itself be almost sufficient
to demonstrate our theory of the Delphic origin of historical Greek
homicide-laws, and of the universal similarity of these laws. We cite it
here, however, as a mere link in a chain of evidence which is still very
far from completion.
Public-domain text, read in full here on John Shaqi.
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