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
Whether this indictment against a proclaimed murderer who had been
found in a temple or a public place was brought before ‘the Eleven’
for final judgment, or whether it was referred by them, if the accused
denied the charge, to the ordinary Heliastic courts, is a question
which we cannot decide. Pollux[93] includes ‘the Eleven’ amongst the
Heliastic judges, but Aristotle[94] implies that they could only judge
when the accused pleaded guilty. If it sounds strange to say that gaol
commissioners might have heard such indictments, it is, we think, not
quite so strange as the fact indicated by Philippi,[95] that indictments
for impiety were in certain cases heard by judges who had no other
judicial qualification save the fact that they had been initiated at the
mysteries of Eleusis! The passage in Andocides,[96] on which Philippi’s
statement is based, certainly suggests that there were at Athens special
religious or ecclesiastical courts for the trial of offences connected
with ritualistic procedure, such as profane conduct or the divulging of
religious secrets. The court which is described by Andocides consisted
of initiated citizens, and the accusation was concerned with an offence
in regard to the Mysteries. Were these citizen courts a democratic
development of the Eumolpid Exegetae courts which are referred to
by Lysias?[97] Very probably they were, just as the Heliasts were a
democratic development of the Ephetae courts. In both cases, however, we
must assume that the development did not involve the destruction of the
older system of judicature, but merely reformed it by providing an option
in the personnel, while retaining the traditional procedure of the court.
ORIGIN AND EVOLUTION OF ATTIC HOMICIDE COURTS
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