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
perpetual exile.’ Demosthenes[111] implies that the last moment at which
the murderer could flee was ‘after the first speech’ at the trial.[112]
Pollux[113] clearly means to say the same thing, though the omission of
the tiny negative μή has annoyed the commentators.[114] ‘The Areopagus,’
he says, ‘judged cases of slaying and wounding with intent (to kill) and
arson (with intent to kill?) and (the administering of) drugs if one
intends to kill in administering (them).’ So far his words are identical
with those of the ‘Draconian’ law, as it is given by Demosthenes. He
continues: ‘There took place a preliminary oath (διωμοσία), and after
this the trial ... and after the first speech it was lawful (for the
defendant) to go into exile if anyone had slain his parents’ (εἴ τις
γονέας εἴη ἀπεκτονώς). When we discuss presently[115] the Attic law of
parricide and kin-slaying, it will perhaps be more obvious that Pollux
must have written εἰ μή τις γονέας εἴη ἀπεκτονώς, ‘_unless_ a man had
slain his parents.’ The ‘Draconian’ law concerning the Areopagus will be
discussed later, in our chapter on the Attic murder courts. We need not
enter into the details of the preliminary accusations, the investigation
before the Archon Basileus, and the three monthly trials which preceded
the final trial and the verdict. Such details, if not already referred
to, may be found in all the ordinary books of reference.[116] But there
is one question which merits a brief examination at this stage: namely,
the question whether the death penalty, in cases of wilful murder,
cancelled or obviated the confiscation of the murderer’s property to the
State.
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