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
Plato describes, in hideous detail, the execution by public magistrates
of the slayer of a kinsman.[212] Even for malicious wounding within
the family, the penalty of death is decreed.[213] For wounding in a
passion, a fine could be imposed by the parent or the male kindred of
the offender: but if a parent was wounded by his child, death could be
inflicted, even by a tribal court, in which none of the relatives of the
child could act as judges.[214]
Lysias[215] makes one of his pleaders repudiate, most emphatically,
the suggestion that parricide was not criminal and illegal. The word
ἀνδροφόνος, or homicide, includes, he says, implicitly if not explicitly,
the slayer of a parent. Pollux,[216] however he be interpreted,
must be regarded as implying that parricide was a crime, which was
probably punished by the Areopagus. We have quoted the relevant passage
already.[217] Pollux is describing the Areopagus, which was the
admittedly regular court for wilful murder. He refers to the preliminary
affidavits, and, speaking of the final trial, is represented by the text
of Dindorf as saying ‘After the first speech it is lawful to go into
exile—if one has slain one’s parents’! Now, if we suppose that this text
is correct, it would follow that parricide was a State offence which
was judged by the Areopagus State court. But the same conclusion can be
maintained even if, as we believe, the text is incorrect. We believe
that Pollux wrote not εἰ but εἰ μὴ, and that he means ‘unless one slays
one’s parents.’ He clearly implies that parricide also came before the
Areopagus.
Finally, the _Euthyphro_ of Plato, which represents a man actually
bringing an indictment or a charge of murder against his father, cannot
be explained on the assumptions of Glotz and Caillemer. The weakness
of Euthyphro’s legal position is pointed out by Socrates,[218] namely
that Euthyphro was not a kinsman of the slain. The threatened indictment
was a δίκη, not a γραφὴ. It was a regular charge of homicide which was
lodged with the Archon Basileus.[219] Now Socrates’ objection would not
apply if the slain man had been a kinsman of the accuser: and this would
necessarily have been the case if the father of Euthyphro had slain a
member of his own family or kindred.
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