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
From Plato[142] we infer that there could be no burial for murderers who
did not go into exile and who were executed by State officials.[143] We
need not again[144] call attention to the importance of burial in ancient
Greece. It alone gave repose to the dead, and enabled the entombed
spirit to be periodically revivified, and even recalled from Hades, by
the offerings made at the grave. The refusal of burial to murderers,
especially kin-slayers, to traitors, and sacrilegious persons, was a
particularly revolting form of supplementary punishment. Their bodies,
stripped naked and cast beyond the boundaries, were devoured by dogs and
birds. No wonder that a pleader, in a Demosthenic speech,[145] says that
to them death was not easy, as it was to ordinary men. No wonder that the
slayer would flee and lose his property rather than preserve it for his
children at the cost of such a fate.
PLOTTING AND CONTRIVING MURDER
Included in the category of wilful murderers, from the legal standpoint,
were the plotters or contrivers or instigators of murder, at least when
the plan materialised.[146] Andocides, in his speech _On the Mysteries_,
says: ‘This law existed in former times and now also exists, namely, that
the “plotter” shall be liable to the same penalty as he that has wrought
with his hand.’[147] From the law[148] of Dracon which declares that
‘if anyone shall kill a murderer or be the cause of his death (αἴτιος
φόνου) while he abstains from the markets on the civic boundary ... he
shall be liable to the same penalties as if he had killed an Athenian,’
we can infer that the equation of plotting to kill with unjustifiable
homicide, which is here mentioned, applied also to ordinary wilful
murder. Plato[149] confirms this conclusion, but suggests that in regard
to burial the slayer was more severely punished than the ‘plotter.’ ‘If
a person,’ he says, ‘shall not with his own hand (perpetrate) but shall
suggest to another a deed of murder and by deliberate plotting (βουλήσει
καὶ ἐπιβουλεύσει) be the cause of slaying, let there be for him similarly
... a trial and verdict.... If convicted let it be lawful for him to have
the family burial place.’ Demosthenes[150] puts the matter beyond the
pale of doubt when he says: ‘Remember, the father of the priestess at
Brauron, who was admitted not to have touched the deceased, was sentenced
to exile by the Areopagus because he instigated the actual striker
to strike.’ This sentence of banishment for plotting murder probably
carried with it the confiscation of the plotter’s property. Aristotle
tells us that one of the terms of the Peace made between the rival
factions in Athens in 403 B.C. was as follows[151]: ‘Trials for homicide
in accordance with the ancient laws shall only be held in the case of
persons who have killed with their own hand.’ We can understand the
political significance of such a condition: but it was merely a temporary
amnesty for criminal political intrigue. The guilt of the plotter or
Public-domain text, read in full here on John Shaqi.
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