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
There is no time-limit to
the antiquity of a jurisdiction which was necessary for the assessment of
material damages, in such cases, in tribal society. This jurisdiction was
also, we believe, appealed to in pleas of accidental homicide, as well as
in cases where the slayer was unknown. But there is a vast gulf between
local and central jurisdiction in such matters. Synoekism and ‘pollution’
were the two factors which bridged that gulf, but that result cannot have
been earlier than the seventh century B.C. Hence we assert that the two
events which are connected by Pausanias belong to two different strands
of development.
Finally, in regard to the homicide court at Phreatto, legend is
particularly at fault. Is this because the court was established very
late, or is it that the conception on which the court was based could not
easily have found analogies in the distant past? The latter, we believe,
is the more correct explanation. The court at Phreatto was clearly and
unmistakably derived from the religion of ‘pollution.’ The defendant
pleaded from the deck of a ship and was not permitted to set foot on
the shore.[26] This court had jurisdiction in the event of a person,
who was already exiled for manslaughter, being afterwards, before his
exile terminated, indicted for murder.[26] We may refer both accusations
to the same act or to different acts. We may suppose, either that new
evidence had been obtained which destroyed the plea of manslaughter
guilt which had once been successfully advanced, or that an entirely
new deed of blood had been laid at the door of the exile. It would have
been clearly very difficult to find archaic facts so similar in general
outline to such events that they could have been perverted so as to
form archaic precedents. Legend[27] revealed no better precedent than
the story of Teucer pleading innocence for the death of Ajax! This plea
was made to Telamon of Salamis, before Salamis became Athenian, and is
therefore entirely irrelevant. The name Phreatto seems to be derived
from φρέαρ, φρέατος, which denoted an enclosed area of the sea near the
Peiraeus where the court sat.[28] The origin of this court belongs to
the pollution era, but that fact does not prove that its origin was very
much later than that of the other courts, if we regard these other courts
as centres of official State judicature functioning compulsorily under
the influence of the ‘pollution’ religion. We maintain that there were
courts for homicide from time immemorial in tribal Greece. But it was the
seventh century that saw the birth of the Attic murder courts in that
particular rôle which they fulfilled, with some slight modifications in
respect of the distribution of labour in historical times.
Public-domain text, read in full here on John Shaqi.
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