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
As an instance of Demosthenes’ rhetorical skill in the distortion of the
meaning of words, we may refer to a passage in the Third Philippic.[311]
The question at issue was really one of treason, not of murder. A
certain Arthmius of Zelea (in Asia), having distributed Persian gold for
political purposes at the time of the Persian invasion of Greece, was
solemnly declared ἄτιμος by the Athenian people. Now a decree of ἄτιμία
for treason involved much more severe consequences than the historical
exile penalty for murder. It was the sole historical survival of
collective and hereditary punishment, and involved not only the traitor
but also his family and all his posterity (αὐτός τε καὶ γένος).[312] In
practice, no doubt, it was but a trifling penalty to an Asiatic, like
Arthmius, who had no intention of living at Athens or in the Athenian
confederacy. But Arthmius was declared by this decree to be an outlaw
within the territory of Attica or within the Athenian Empire. If found
within this territory, he, or his descendants, could be slain with
impunity. Demosthenes, anxious to illustrate the patriotism of the
Athenians of former days, compared with that of his contemporaries, by
showing the severity with which treason was formerly punished, even in
a foreigner, has recourse to the subtle hypothesis that ἄτιμος in the
decree against Arthmius did not mean merely ‘degraded’ from civic rights
but should be linked up with a verb τεθνάτω, to form a clause which means
‘let him be slain with impunity.’ The word ἄτιμος in this decree has, he
says, the same significance as it bears in the murder-laws ‘in the case
of murderers for whom the legislator forbids a prosecution for homicide,’
where it is said ‘ἄτιμος τεθνάτω.’ It is true that the word ἄτιμος could
be used to mean ‘unpunished,’ but when the Athenians declared a person
ἄτιμος, they meant by the word ‘degraded’ not ‘unpunished.’ They declared
the person ‘dishonoured,’ or degraded from civic privileges. Moreover, in
the laws of Dracon as Demosthenes quotes them the word ἄτιμος does not
occur, and the adverb used to denote ‘with impunity’ is νηποινεί. Plato
also has ἀνατί.[313] Demosthenes, then, is quite capable of juggling with
words and with the wording of laws, in his desire to secure a rhetorical
victory. But here Demosthenes, without knowing it, weakens the very point
which he desires to emphasise. A decree of ἄτιμία for treason was much
more severe than any penalty in the Attic murder laws. A murder-exile
could be slain with impunity, as a traitor could, if found within
Athenian territory. But his descendants could not! His family could
remain securely at Athens, in full enjoyment of civic rights. If the word
ἄτιμος in the decree against Arthmius meant what Demosthenes asserts
that it meant in the murder-laws, then it is incorrect to speak of the
punishment of the traitor and his descendants (αὐτός τε καὶ γένος). Now
what does Demosthenes mean by the phrase ‘in cases where the legislator
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