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
If it be objected that pleas of ‘accidental’ homicide were regularly
tried at the Palladium court,[59] we may reply that the proper function
of this court was subsidiary or supplemental to that of the Prytaneum.
In the Palladium the accused in his plea denied, indeed, any guilt,
but he would have found it difficult to prove his innocence unless
he could transfer the guilt to another person. In the Prytaneum, as
we conceive it, he had often an opportunity of laying the blame upon
an inanimate instrument of death. Such a plea of accidental slaying
involved no question of human guilt, as the accusation was centred upon
an inanimate ‘object.’ Again, whenever the plea of the accused differed
from the charge of the accuser, it was the duty of the King-Archon to
decide on the probabilities of the case, before he relegated the trial
to its appropriate court.[60] If, then, a person accused of murder or
manslaughter could advance a plea of accidental homicide by accusing an
inanimate object, the Prytaneum court adjoining the official residence of
the King and the Prytaneis would have been at the immediate disposal of
the defendant. No long period of time, such as ordinarily had to elapse
between formal accusations and homicide trials, preceded the trials at
the Prytaneum; and we may infer from Plato’s account that the verdict
of ‘death by persons unknown’ was normally brought in by the Prytaneum
court before any formal proclamation of the unknown murderer was made by
the relatives of the slain.
INVOLUNTARY HOMICIDE
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