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 will now support and illustrate our views by a few quotations.
Demosthenes[265] tells us that ‘if the victim (ὁ παθών) himself releases
the slayer from guilt of blood before he (the victim) dies, it is
not lawful for the relatives to prosecute.’ This is a most important
piece of evidence, although the context in which it occurs is vitiated
by rhetorical exaggeration. It means, in effect, that in any kind of
homicide[266] the relatives of the slain were powerless in regard to
prosecution if the dying man ‘released’ his slayer and did not ‘charge’
them to avenge him. Thus even the homicide laws of a theocratic Apollo
and of centralised Greek governments depend for their operation on the
will of the victim. In such an event the slayer was not ‘polluted.’ No
impiety, no illegality was involved in ‘private settlement’ in such a
case; on the contrary, to prosecute the slayer would probably have been
impious. Not even a charge of involuntary homicide (which was possible
in the case of simple ‘forgiveness’ on the part of the dying) could be
brought against the slayer, if the victim ‘released’ him from all guilt
of blood. This decree of the dying was tantamount to a ‘release’ in law;
it did not merely reduce the charge to one of justifiable or accidental
slaying. Hence the ‘private settlement,’ which no doubt occasionally
occurred in such cases, was not so much a bribe offered to prevent
prosecution as an informal offer of material retribution—a relic of the
old-time wergeld traditions of tribal Greece.
In a speech of Lysias which is concerned with political or judicial
murder, we are told[267] that one of the condemned, named Dionysodorus,
summoned his brother and sister and brother-in-law to prison before he
died and charged them ‘and all his kindred’ (φίλοις) to punish as a
murderer Agoratus who had given the false information which led to his
condemnation. Thus we see converted into a charge of wilful murder an
act which ordinarily would have been regarded as political perjury. The
relatives of Dionysodorus actually decided to take the law into their own
hands[268]—political ferment demands such drastic action—and they would
have slain Agoratus as a criminal (κακοῦργος) if Anytus, the general,
had not persuaded them, on grounds of public policy and expediency, to
desist. The Thirty Tyrants acquitted Agoratus later, presumably because
of political prejudice. The plaintiff in this speech[269] appeals to the
Heliasts to do the pious and just thing and to condemn him to death.
Thus we see how the relatives of a slain man were directed and compelled
by the ‘charge’ of the dying. There was nothing involuntary about this
case of homicide, as some writers seem to assume.[270] It was deliberate
political murder.
Public-domain text, read in full here on John Shaqi.
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