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 regard to pleas and charges of manslaughter, we hope to show that
there is a very substantial agreement amongst the ancient authorities.
Once more[61] we must call attention to the possibility of local as
distinct from central jurisdiction. Demosthenes[62] quotes a law of
Dracon relating to the ‘appeasement’ of the relatives of the slain,
which is practically identical with the law which we have quoted from
the restored inscription. ‘Proclamation to (or against) the slayer shall
be made in the market-place (by all relatives of deceased) within the
degrees of cousinship and by cousins; in the prosecution there shall act
jointly with these, the sons of cousins, the sons-in-law (γαμβρούς) and
the fathers-in-law (πενθερούς), the cousins-in-law, the sons of such
cousins and the phrateres. If “appeasement” is prescribed (δέῃ), if
there is a father or (and) brother(s) or (and) sons, let all (these) be
appeased or let one objector hold the field: if there are none of these,
and (the accused) slays involuntarily, and the Fifty-one, the Ephetae,
decide that he slew involuntarily, let ten phrateres decide about
appeasement, if (all) consent. These let the Fifty-one choose according
to birth (or merit).’ We give below[63] the Greek version of the latter
portion of the law, so that it may be the more easily compared with the
corresponding portion of the Draconian inscription. In this inscription,
there are two lines which are not found in Demosthenes, namely those
which refer to the rôle of the ‘cousins’ in accepting ‘appeasement.’ We
must not, however, conclude that the cousins had ceased to have a voice
in ‘appeasement’ in the time of Demosthenes, or from the year 403/2
B.C. onwards, or in Solon’s time. We are convinced that the omission is
due either to the negligence of a scribe or to the deliberate excision
by Demosthenes of unnecessary elements of law in a legal quotation
which included extracts from different laws, most of which are only
remotely relevant to his main purpose in the speech. It would be absurd
to suppose that a legal innovator jumped from the ‘small family’ to the
neighbour-brethren (phrateres) and ignored the cousins in an enactment
involving the transfer of property which constituted ‘appeasement.’
Surely if any change were made in the personnel of the recipients, the
‘neighbours’ would have been first omitted. And we cannot suppose that
cousins had become obsolete since Dracon’s time!
Public-domain text, read in full here on John Shaqi.
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