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
The motive which induced Solon to establish this new Areopagus Council
was probably his desire to set up a plutocratic body, surrounded
by a halo of sanctity derived from the traditions of the older
Ephetae-Areopagus, which would act as a check on the increasing power
of a more democratic Council, which Aristotle also mentions, namely
the Draconian Senate of 400 (or 401) which was appointed, by lot, from
the ranks of all ‘citizens.’[144] It was, we think, this democratic
council, or Senate, which threatened most seriously the power of the
aristocracy. The wide powers of supervision which the Ephetae-Areopagus
possessed were, of course, a valuable possession, but, with the growth
of the Senate, the legislative and executive powers, and perhaps even
the judicial powers, of the old Council of Noble Elders were endangered.
Hence Solon, who was neither a democrat nor an aristocrat, but who was,
as we conceive him, a plutocrat, instituted a new plutocratic Areopagus
at the expense of the Ephetae on the one hand and of the Draconian
Senate on the other. Though he allowed an appellant jurisdiction to the
popular Heliastic jurors,[145] the normal homicide jurisdiction remained
attached to the court of the Areopagus even though its personnel was now
changed, just as in later times it continued attached to the ‘Ephetae’
courts when the Heliasts acquired the privilege of sitting there. The
explanation of this strange fact is to be found in the religious doctrine
of homicide as a ‘pollution.’ In these five courts alone—the fact that
one of them was now a Council does not matter—were homicide trials held
at night, in the open air, solemn oaths and imprecations were sworn, and
the King-Archon sat without his crown. Solon, then, did not create the
court of the Areopagus: he merely changed the personnel of the court. The
Ephetae, that is, the nobles, were no longer the judges in that court.
According to the literal interpretation of Pollux, we might conclude that
there existed in Solon’s time _six_ Athenian homicide courts. But Pollux
must have been well aware that the Ephetae (including the Tribe Kings)
from Solon’s time onwards functioned only at the four minor courts, which
were known as the Delphinium, the Palladium, the Prytaneum, and the court
at Phreatto.
Public-domain text, read in full here on John Shaqi.
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