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
Plato says[132] that the Interpreters, in his ideal State, should be
elected annually _one_ from each tribe. It is therefore better, we think,
to abandon the hypothesis that the Exegetae were at all times three in
number. Suidas is a very late authority for this number, and he may be
referring merely to the chief members of a group. But how, then, do we
explain the fact that the number of the Ephetae was invariably fifty-one?
It is, we think, very possible to suppose that in early times the three
most important ‘archons’ were Ephetae, who acted in conjunction with the
other Ephetae, who were therefore forty-eight in number, and that the
number forty-eight was made up of the four Tribe-Kings and of forty-four
nobles elected by the four Ionian Attic tribes, eleven from each tribe.
Aristotle[133] assures us that the three ‘archons’ in the seventh century
were nobles and that they were ‘final judges,’ not mere investigators.
It is not necessary to assume that in later times the Ephetae always
sat together as a body of fifty-one judges. Sometimes they may have
adjudicated as a single group, but more frequently they were divided into
sections which sat in different courts. The presence of the King Archon
and the Tribe-Kings at the Prytaneum[134] suggests perhaps a previous
condition of things in which these officials sat with the entire Ephetae
body in the more important homicide courts.
We prefer therefore to suppose that the Ephetae and the Exegetae were
for a long time[135] identical. They were both members of a sacerdotal
nobility of birth which preserved the oral traditions of tribal law,
and expounded these traditions. As these nobles normally supervised the
ritual of public sacrifices, they naturally also, after the advent of
the pollution doctrine, acquired control of the ceremonial of homicide
purgation. Thus, Müller says[136]: ‘The purification of the bloodshedder
came under the sacred law of Athens which remained in the hands of the
old nobility even after they had lost their political authority.’ The
number _three_ applied, apparently, in Müller’s view,[137] to the three
chief purifiers or supervisors of the rite of purgation, though Müller
is not quite explicit on this matter. But we cannot suppose that this
figure limited the number of purifiers at any time.
SOLON AND THE AREOPAGUS
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