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
Müller[107] rightly points out that the ending της normally has an active
signification. The word ἐφέτης (we will assume for the moment that the
plural form ἐφέται had a corresponding singular form) should not, says
Müller, denote ‘a person appealed to,’ but rather a person who permits
an avenger to punish. Müller thus connects the word with the verb
ἐφίημι, ‘I permit,’ rather than with the term ἔφεσις, meaning ‘appeal.’
Schömann[108] and Gilbert[109] also connect the word with ἐφίημι, but
interpret the verb as an archaic form, which means ‘I direct’ persons
as to the manner in which the accused should be punished or proceeded
against. The Ephetae, according to this view, are ‘the directors’ or the
determining arbiters of prosecution or vengeance. Philippi[110] points
out that this opinion gives to the term too wide and general a meaning.
We agree with this criticism. Any judge or group of judges could have
been called ‘Ephetae,’ according to this view. Why, then, we may ask, did
not Dracon call these judges by the ordinary title of homicide judges,
namely, dicasts (δικασταί)? Such was the usual title of the democratic
Heliastic judges.
Lange, who at a later period came to favour the Schömann-Gilbert view,
originally proposed[111] that the term Ephetae was an abbreviated clause,
that the words οἱ ἐφέται are derived from the phrase οἱ ἐπὶ τοῖς ἔταις
ὄντες, _i.e._ ‘those who presided over the citizens of full right’—the
foremen or heads of the old aristocracy of tribal Attica. Philippi[112]
favours the original theory of Lange, which is, he says, ‘so excellent
from a linguistic point of view that I am entirely satisfied.’ Philippi
points out that, according to this view, the Ephetae are the Athenian
counterpart of the Spartan Gerousia and that therefore we can understand
their selection on grounds of birth. Glotz[113] also adopts this
interpretation. He speaks of ‘les éphètes ou chefs d’ἔται.’ Now, the
Homeric word ἔται may mean either cousins or comrades. It was a word
which could denote, in Pelasgian life, members of the same clan or of the
same phratry. The chiefs of the phratries were therefore nobles, closely
connected with the kings of the tribes. It is therefore significant that
the only homicide judges who are mentioned in the Draconian inscription
of 409-8 are the kings and the Ephetae.
Public-domain text, read in full here on John Shaqi.
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