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
proved his innocence to the satisfaction of more than four-fifths of his
judges, his accuser paid a fine of one thousand drachmae! Thus, he could
not be slain on the spot by the avengers if he pleaded innocence: but
unless he proved that he was innocent he was ultimately put to death.
Aristotle may be taken to suggest that there was no essential connexion
between the trial of inanimate objects and the verdict of murder
against a person unknown. He says[54]: ‘if the name of the homicide
is unknown, the indictment is prosecuted in general terms against the
unknown author’; but in the next line he adds: ‘The King-Archon and the
Tribe-Kings have competence in indictments against lifeless objects and
the brute creation.’ The juxtaposition of such references is sufficiently
significant. Pollux[55] is more definite: ‘The Prytaneum court,’ he says,
‘adjudicates concerning slayers if they are unknown, and also concerning
lifeless objects that have fallen and caused death.’
Though none of these authorities say anything to support, neither do
they say anything which refutes, our opinion that the Prytaneum court
could also try cases of ‘accidental’ slaying in which a person accused
of manslaughter pleaded an entire absence of neglect[56] or passion
or intent. Our view is however rendered probable by the fact that
preliminary inquiries in homicide cases were made in this place which,
in addition to being a court, was also the official residence of the
King-Archon and of the Prytaneis[57]; but the most cogent argument in
favour of our hypothesis is to be found in the first two lines of the
Draconian inscription if our interpretation of these lines is correct.
We fail to see how the Draconian reference to ‘kings’ as ‘the judges’
in cases of homicide committed ‘without intent’[58] can be otherwise
satisfactorily explained.
Public-domain text, read in full here on John Shaqi.
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