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
In the case of objects which could only have proved fatal if they were
thrown by a human agent, a verdict of acquittal, in regard to such
objects, would have logically involved a verdict of murder by persons
unknown; for, if we suppose that the object was accidentally thrown, it
is probable that the thrower would have come forward and established
the blood-guilt of the object concurrently with his own innocence.
Demosthenes[48] says in regard to the Prytaneum court: ‘If a stone or
piece of wood or iron or anything of the kind falls upon and strikes a
man and we are ignorant who it was that threw it, but know and have in
our possession the instrument of death, proceedings are taken against
such instruments here.’ Plato asserts that the objects mentioned were
prosecuted by the relatives of the slain: but may we not also assume
that a man who had thrown one of these objects without malicious intent,
and who was accused of murder or manslaughter, would have lodged an
accusation against the ‘object’ at the preliminary inquiry[49] before the
King-Archon, that is, at the Prytaneum? If the Prytaneum found the object
guilty, would not the verdict have prohibited any further proceedings?
If, on the other hand, the object was clearly hurled by a human agent
with malicious intent, and if the agent was unknown, proceedings, of a
most formal kind, were taken against the unknown slayer.
Similar proceedings would of course be taken if there was no ‘object’
involved, as, for instance, in case of death by strangling. Such
proceedings are thus described by Plato[50]: ‘If anyone,’ he says, ‘is
found dead and the murderer is not known, and is not discovered by
careful search-parties, let there be proclamation against the murderer
as in other cases, and let the heir-at-law (_i.e._ the nearest relative
of the deceased) proclaim in the market-place that the murderer, whoever
he is, must not, since he is guilty of bloodshed, set foot in any sacred
place in his native State or in that of his victim, or if he does, and
he is discovered and identified, he shall be put to death and cast
unburied beyond the boundaries.’ We have already pointed out[51] that
the object and purpose of trials for homicide in Greece was not so much
the establishment of guilt, as it is in modern States, but rather the
establishment of innocence. Now, our last quotation from Plato suggests
that a man who came to be suspected of homicide some time after the crime
was committed, and who was never formally prosecuted and convicted,
could, nevertheless, be put to death! But we shall see[52] that one
refuge still remained to the ‘unfortunate wretch.’ He could have pleaded
innocence, in the presence of the avengers, and this plea compelled _ipso
facto_ a recourse to trial: he could of course be arrested on the spot
and imprisoned, but he could challenge a verdict at a court of summary
jurisdiction, the prison court, known as ‘the Eleven,’[53] and if he
Public-domain text, read in full here on John Shaqi.
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