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
‘And if a man slays a man not with intent (to kill), let him be put
on trial (φεύγειν), and let the “Kings” judge of the causes of death,
or, if anyone accuses a person of slaying without deliberation (μὴ
βουλεύσαντα), let the Ephetae adjudicate. And the “appeasement,” if there
is a father or (and) brother(s) or (and) sons (of the slain), let all
(accept) or let one objector hold the field: if there be none of these,
let (the “appeasement” extend) to cousinship and cousins, provided all
consent to be “appeased” having sworn the (customary) oath: if there
be none of these (_i.e._ cousins) and if the man slays involuntarily,
and the Fifty-one, the Ephetae, decide that he slew involuntarily, let
ten phrateres permit his return from exile,[13A] if they (all) agree,
and let the Fifty-one select these (ten) according to birth (or rank
or merit—ἄριστίνδην), and let (all) previous slayers be bound by this
law: ... and if any person slays a manslayer or causes (_i.e._ plots)
his death while the manslayer abstains from the boundary markets and
from Amphictyonic games and festivals, let him be liable to the same
penalty as if he had slain an Athenian (citizen): and let the Ephetae
judge the case: ... it is lawful to kill manslayers or to arrest them,
in our territory (ἡμεδαπῇ) but it is not lawful to torture them or to
amerce them: the fine payable shall be twice the amercement: ... if any
person slays on the spur of the moment in self-defence a man who tries
by violence unjustly to rob and plunder him, let his act of bloodshed go
unpunished.’
Philippi[14] finds the reference to ‘the kings’ in this inscription
rather difficult to explain. He thinks that the allusion can only be
to archons, but he feels also that ‘it seems inadmissible to assume
collegiate functioning after the archonship became annual.’ He therefore
views with sympathy the extraordinary suggestion of Köhler, that τὸς
βασιλέας means τοὺς ἀεὶ βασιλεύοντας, that ‘the kings’ are ‘those who
from time to time held the office of king-archon.’ The solution of this,
as of other difficulties in the inscription, is, we believe, to be found
in a correct analysis of the word ἄκων, which means ‘involuntarily’ or
without intent.
Public-domain text, read in full here on John Shaqi.
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