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
expected, Glotz[65] and Müller[66] interpret this Demosthenic reference
as if it were a logical scientific document: and they accept the _prima
facie_ inference that a person accused of manslaughter could, as soon
as he was publicly proclaimed and banned from all public and religious
intercourse, avoid the ordeal of a trial and the punishment of exile by
simply taking some money with him to the house of the father, brother
and sons of deceased; if he succeeded in securing a ‘settlement’ and
procured a ‘legal release,’ he could have quietly resumed his ordinary
occupations! This interpretation, which we have already rejected,[67]
is inconsistent with other passages in Demosthenes and in Plato which
we shall now discuss. While we admit that this law of Dracon does not,
unfortunately, mention the exile penalty for manslaughter as an obvious
and incontrovertible fact, yet we insist that it does mention trial as
a normal concomitant. The Ephetae are there, first and last. The Ephetae
must decide the degree of guilt: they must decide that the slayer slew
involuntarily: they must in the absence of relatives or in the event of
their disagreement select the ‘phrateres’ according to birth or merit.
This at least is very different from ‘private settlement.’
Demosthenes[68] quotes another law of Dracon regarding manslaughter, as
follows: ‘If anyone shall pursue or plunder beyond the civic boundary
any of those slayers who have gone into exile and whose property is
not confiscate to the State, he shall incur the same penalty as if he
did so inside our boundaries’ (ἐν τῇ ἡμεδαπῇ). Fortunately we possess
Demosthenes’ explanation of this law which, because of its peculiar
expression, requires some such explanation. The word ἐπίτιμα, in
reference to property, is opposed to ἄτιμα and means ‘not confiscated.’
Hence, the phrase ‘Slayers whose property is not confiscated’ must refer,
says the orator, to ‘involuntary slayers,’ because the property of wilful
murderers is confiscated to the State. Thus this Draconian law, instead
of employing the adjective ‘involuntary’ (ἀκούσιος) as a predicate
of ‘slayers,’ uses two clauses to describe what a single adjective
would have described. Are these two clauses, then, to be regarded as
definitive; as concerned with qualities which normally and universally
characterised involuntary slayers? Are involuntary homicides, as a class,
defined as ‘those manslayers who have gone into exile and whose property
is State-guaranteed’ (ἐπίτιμα)? Or are we rather to suppose that there
were two classes of involuntary homicides, and that this law refers
to only one of these classes—that in some cases, as Glotz and Müller
conceive the matter, the slayer bribed the relatives of the slain, and
avoided all further trouble; and, in other cases, he went into exile? In
our opinion this quotation suggests that all involuntary slayers went
into exile for a period of time. Müller holds[69] that the duration of
Public-domain text, read in full here on John Shaqi.
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