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
(2) _The Palladium_[61]—the court for involuntary homicide: ‘here it is
the law that both parties should first take oath (διωμοσία), then deliver
their speeches, and finally that the court should decide.’ Demosthenes
gives no further details, but the missing information is supplied by
Aristotle and by Pausanias. We shall see presently[62] that at one
period this court probably tried all kinds of homicide pleas between
citizens. The legend[63] concerning Demophon’s plea at this court must
have originated at such a period. But the court had developed, we think,
before the time of Solon a specialised function in regard to pleas of
involuntary homicide. The reason for this was, perhaps, because it was
situated outside the city boundary and would naturally therefore have
been selected as a court of appeal by exiles who had been convicted
of manslaughter and who were anxious to return. Hence in Solon’s time
this court was habitually appealed to by the citizens in charges of
manslaughter. If it still continued to hear pleas of wilful murder
between foreigners, this was perhaps because such pleas were regarded
as of minor importance. In such cases no Athenian court could decree or
execute the penalty of confiscation, since the slayers were foreigners,
and their property was not subject to Athenian control. It is also
possible that the laws of extradition (ἀνδροληψία) made it desirable to
judge cases of homicide between foreigners at a court which was outside
the original boundary of the city.
(3) _The Delphinium_[64]: ‘There is a third tribunal, of all courts the
most sacred and filled with awe, in which a person acknowledges that he
has slain another but contends that he has done it lawfully. This is the
court at the Delphinium. It appears to me, men of Athens, that they who
originally distinguished the lawful from the unlawful inquired whether
it was right to consider no homicide lawful, or whether a certain kind
of homicide must be considered lawful.... Considering then that Orestes
who admitted that he slew his mother was acquitted by a tribunal of gods,
they decided that some kinds of homicide were justifiable.... Having come
to that decision they defined in precise terms the circumstances in which
it was lawful to kill.’ What a halo of sanctity still seems to surround
this Delphinium court! In ancient societies it was much less difficult to
ascertain the identity of a slayer than it was to define the boundaries
of righteous and unrighteous slaying. But once the boundary lines were
fixed, and we have seen[65] how they were fixed by a law of Dracon, the
judgment resolved itself into a question of facts. Apart from religion,
however, facts may be obscured by perjury. Hence it was probably the
religious atmosphere of the court, and also its procedure, which was
consecrated by long tradition, that caused the verdicts of the court to
be revered and respected.
Public-domain text, read in full here on John Shaqi.
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