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
number of respectable but unintelligent nobles persisted in upholding the
obsolete traditions of a ridiculous past!
We believe that ‘the kings’ of the Prytaneum Court are identical with
‘the kings’ of our Draconian inscription. The first two lines of the
fragment refer, in our view, to accidental slaying, in which there
was no degree of guilt attaching to the human agent, but in which it
was necessary to prove that the guilt was attached to an animal or an
inanimate object. We think it quite probable that such cases were tried
at the Prytaneum.[23] We may go so far as to say that such cases were the
_raison d’être_ of the survival and the historical importance of such
a court.[24] The legislator, in our inscription, says: ‘If a man slays
another without intent, let him be put on trial, let “the kings” judge of
the causes of death’ (δικάζειν αἰτιῶν φόνου).
We shall discuss[25] later the function of the Ephetae judges who
are mentioned in this inscription as collaborating with the kings in
the judicial investigation of homicide-guilt, and we shall suggest
an explanation of the fact that they were invariably fifty-one in
number.[26] In regard to the adverb ἄριστίνδην, which means, in general,
‘according to excellence,’ we agree with Philippi[27] that in the context
it refers to birth rather than to social rank. The selection of the
phrateres would probably have been made from ‘brethren’ who were not
kinsmen of the slayer, but merely related by ties of ‘affinity’ or of
local contiguity with him. Plato[28] suggests that in certain cases of
homicide the judges of guilt (and probably therefore of atonement) should
not be akin to the criminal. The fact that the father and the brothers
(we assume that the singular form ἀδελφός includes all the brothers) and
the sons of the slain could, if unanimous, have accepted ‘appeasement’
and have legalised the manslayer’s return from exile, shows how far from,
and yet how near to, the wergeld customs of Pelasgian days were the
historical murder laws of Greece. Yet here we have not wergeld proper,
but only a survival, a reflection, of its ancient vigour. Nothing could
show more clearly than this law does the validity of our theory[29]
which finds in a ‘compromise’ between different forces the origin of the
historical homicide-code of Greece.
Glotz[30] holds that the objection of a single relative to ‘appeasement’
could neutralise the will of the other kinsmen because, if he were
obdurate, he could prevent the unanimity which was required by law for
such return. But we shall argue, later,[31] that while the relatives had
considerable legal powers if they were unanimous, they were probably
subject to superior control if they disagreed. It is difficult to suppose
that one bitter enemy amongst the relatives of the slain could, _in
practice_, have imposed a penalty of perpetual exile for manslaughter.
Public-domain text, read in full here on John Shaqi.
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