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
We have seen[88] that Socrates objected to Euthyphro’s prosecution of his
father on the ground that he was not a relative of the slain man. Yet
Euthyphro began his prosecution nevertheless! He calls his charge a δίκη,
not a γραφὴ.[89] He is consulting the King Archon at the Prytaneum. We
have quoted from Demosthenes[90] a law mentioned by the Exegetae, to the
effect that it was not permitted to anyone save a relative of the victim,
or a master, if the victim was a slave, to prosecute for homicide. Yet
the Exegetae advised the plaintiff on independent grounds. ‘As you were
not present yourself, but only your wife and children, and you have no
other witnesses, we recommend you not to make proclamation of anyone by
name, but only in general against the guilty parties, and further not to
begin proceedings before the Archon Basileus.... Our advice is that you
perform the necessary religious ceremonies for yourself and your house,
bear the misfortune as patiently as you can, and take vengeance if you
like in some other way.’ The religious ceremonies mentioned in this
passage were probably an expiation-offering to the ghost of the nurse who
had been slain. If so, then the Erinnys of the dead, at least, accepted
the Draconian law! Is it possible—it cannot of course be certain—that
the ‘other way’ of avenging was by a γραφὴ? If this indictment could not
be brought till a number of years had passed, is this the reason that the
misfortune had to be borne with patience?
We have referred to a Demosthenic passage[91] in which an unsuccessful
γραφὴ ἀσεβείας was brought against the uncle of a man who was alleged to
be guilty of parricide. If the charge succeeded, the alleged parricide,
Diodorus, assures us that he would have been put to death and that his
property would have been confiscated. But there is no reference to a
specific trial for parricide. Did the γραφὴ ἀσεβείας involve, indirectly,
a γραφὴ φόνου?
We believe that there was not, at Athens, a γραφὴ φόνου, that is, a
direct indictment of a murderer by any citizen who wished to charge him.
The suit which Euthyphro brought against his father was a δίκη, which
was a quasi-civil or quasi-private process, and in any case the Archon
Basileus would, we feel sure, have refused to accept it. But we think
that an indictment for impiety, which could be brought by any citizen
against a relative of a slain man who had failed to ‘proclaim’ and to
prosecute the slayer, involved, if successful, a verdict of murder
against the slayer; and that it was the possibility of such indictments
which led Pollux to use the expression γραφαὶ φόνου. Thus if an
indictment for impiety had been brought against a relative of the nurse
whose violent death is referred to in the speech of Demosthenes _against
Euergus_, it would have involved a verdict of murder or of manslaughter
against Euergus and Theophemus. This is probably the ‘other way’ which
was referred to in the speech by the Exegetae.
Public-domain text, read in full here on John Shaqi.
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