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
Pollux[34] then proceeds to describe the _Heliastic_ courts, which were
five or six in number. Pausanias[35] mentions four of these courts,
namely: (1) The Crush; (2) The Triangle; (3) The Froggy and (4) The
Scarlet. From this description of them we may infer that these courts
were always distinguished in procedure if not in personnel from the
famous Ephetae courts. One of these Heliastic courts which Pollux
mentions is the court of the ‘Eleven’ Gaol-Commissioners. These officials
had summary jurisdiction in certain cases. Aristotle[36] mentions the
cases of ‘thieves, kidnappers and highway robbers’ who confessed their
guilt. Demosthenes[37] refers to a prison court in which an accused but
unconvicted murderer who was found frequenting temples or public places
could be summarily tried and put to death. We shall discuss this court
more fully presently. It seems to us to be properly described as a
special kind of Heliastic court: for the Eleven were appointed, like the
ordinary Heliasts, by lot.[38]
Whether the Heliastic jurors in the fourth century were compelled to
occupy separate places of jurisdiction from the Ephetae or whether
they also sat in the actual Ephetae courts is a difficult question to
decide. One thing at least is certain, as Lipsius points out.[39] The
mode of procedure in the old courts remained peculiar and distinct. When
therefore Antiphon[40] makes a pleader, in a homicide charge, object
that ‘here there is no open-air trial, no customary giving and taking
of oaths,’ we know that the trial is by Heliastic jurors in a Heliastic
court. No mere change of personnel from that of the Ephetae or nobles
to that of democratic jurors was so drastic as the legal sanction of an
alternative procedure which entirely lacked the religious traditional
prestige of the older Ephetae courts.
Aristotle’s account[41] of the five great homicide courts is very similar
to that of Pollux:
(1) _The Areopagus_: Homicide with malice aforethought (_i.e._ wilful
murder) is tried in the Areopagus, wounding with intent to kill,[42]
poisoning with intent to kill, and arson: these are the only indictments
tried by the Areopagus.
(2) _The Palladium_: Involuntary homicide, attempts to commit homicide
(βούλευσις), and the homicide of a slave, or a foreigner domiciled or
undomiciled, are tried in the Palladium.
(3) _The Delphinium_: Homicide avowed and alleged to be lawful, as of a
surprised adulterer, or in war of a friend mistaken for an enemy, or of
an antagonist in an athletic contest, is tried in the Delphinium.
(4) _The Prytaneum_: the King-Archon and the Tribe-Kings judge
indictments of inanimate objects and of animals.
(5) _Phreatto_: If an exile for involuntary homicide has not yet obtained
permission from the relatives of the deceased to return, and is charged
with another homicide or with wounding, he is tried at Phreatto. He
pleads from the deck of a vessel brought to land.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account