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
with the Areopagus, but rather with the Heliastic jurors. But he implies
at least that the Ephetae continued to function as judges and that they
were never confused with the Heliastic jurors. If then in Aristotle’s
time the judges at the Palladium, Delphinium and Phreatto are Heliasts,
we must conclude not that the Ephetae had ceased to exist, but that
democracy had invaded their jurisdiction to the extent of permitting an
option in the personnel of the court, though the traditional procedure
of the court was maintained. We shall see that the Areopagus and the
four Ephetae courts were regarded with reverential awe in the time of
Demosthenes. We do not know to what period Pollux refers when he says
that ‘the court of the Ephetae was regarded as a joke.’ It is probable
that the Heliasts had the option of sitting in such courts, and this fact
may have preserved for them at least a remnant of their old prestige. But
the main cause of the reverence which these courts inspired was their
traditional procedure. The King-Archon when he presided at the Areopagus
laid aside his crown.[53] According to our interpretation of Aristotle,
he also laid aside his crown when he sat amongst the Heliastic jurors in
the Ephetae courts. This act was not a tribute paid by obsolete monarchy
or aristocracy to victorious democracy. It was an act which the religious
atmosphere of the Areopagus and of the Ephetae courts had enshrined in
traditional custom. It was an act which fully harmonised with the solemn
procedure of these courts, with their traditional nocturnal sessions, in
the open air, beneath the dark sky and the cold stars.
We will now quote some extracts from Demosthenes in relation to the
Athenian homicide-courts:
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