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
As we cannot then derive any assistance from the legends in our attempt
to describe the evolution of the Attic murder-courts, we are compelled
to begin, so to speak, at the other end, and by arguing from survivals,
to reconstruct the most probable mode of evolution from an analysis of
historical facts.
We will begin with the synoptic account of Pollux[29] which is as follows:
(1) _The Areopagus_ ‘judged (charges of) wilful murder and wounding with
intent to kill, arson and the administering of drugs, if a person gives
them with intent to kill.’ This account is identical in fact with that
of Dracon’s law, as Demosthenes[30] quotes it. It is therefore probably
based upon the Demosthenic passage or upon an archaic inscription. The
clause φόνου καὶ τραύματος ἐκ προνοίας καὶ πυρκαϊᾶς καὶ φαρμάκων occurs
both in Pollux and in Demosthenes.[31] Pollux adds that the nine archons
were added to the _Areopagites_, and that they held their trials in the
open air.
(2) _The Palladium_: ‘in this court are heard charges of involuntary
slaying.’ Pausanias[32] corrects this account, though he is not himself
very precise, when he says: ‘Murder-cases are taken in this court ...
in which are also tried cases of manslaughter.’ Further details we shall
presently adduce from Aristotle and from Demosthenes; we shall see[33]
that this court tried no murder-cases except those which occurred between
strangers.
(3) _The Delphinium_: the trials in this court are modelled, Pollux
suggests, on that of Theseus and the Pallantidae ‘whom he admitted that
he slew but asserted that he had justly slain.’
(4) _The Prytaneum_ ‘judges about those who have slain, if they are
unknown (ἀφανεῖς), and about inanimate objects which have fallen upon and
slain (persons). The Tribe-Kings, whose duty it is to cast the fallen
object over the (civic) boundaries, preside over this court.’
(5) The Court at _Phreatto_: ‘in this court anyone was tried who, being
an exile for involuntary homicide, becomes liable to a second charge of
wilful murder. The Court was by the sea; the accused had to make his
defence from the ship, without touching the land....’
Public-domain text, read in full here on John Shaqi.
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