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
We may distinguish three different cases of ἀνδροληψία. (_a_) If an
Athenian slew a Theban at Thebes, that is, if a stranger slew a citizen,
then the relatives of the slain who were on the spot could ascertain
easily enough the identity of the slayer and could put him on trial. If
after conviction he fled to his native State, that State was bound to
put him to death. If he remained after trial in the State of the slain,
which, in this case, was also the State in which the deed took place,
he was also put to death. But if he fled before trial to his own State,
and if his fellow-citizens did not try him and punish him, or arrest
and surrender him, the relatives of the slain could legally seize as
hostages three of his fellow-citizens. (_b_) If an Athenian slew a Theban
at Athens, that is, if a citizen slew a stranger, then the relatives of
the slain, being aliens, had the right to prosecute through a προστάτης;
but if the slayer was not tried or surrendered, seizure of hostages
followed, for such seizure was the only means by which this result could
be secured, and ultimately the slayer was debarred both from Athens
and from Thebes. (_c_) If an Athenian slew a Theban at Argos, and if
the slayer remained at Argos, unpunished, or if he fled to Athens and
enjoyed immunity there, the relatives of the slain Theban were entitled
to seize three Argives or three Athenians, as the case might be, in order
to compel his surrender. The city which harboured him had either to put
him on trial or to give him up to the relatives of the slain. We may
infer from Plato that, if he were convicted of manslaughter at Argos,
his punishment would have been more severe than if he were convicted at
Athens of slaying an Athenian in Athens! But we presume that he could
have elected to stand his trial at Athens, if the Theban relatives agreed
to accept the verdict of an Athenian court.
Public-domain text, read in full here on John Shaqi.
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