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
Why then, we may ask, did Solon select the Areopagus as the court in
which the Ephetae were compelled to give place to plutocratic ex-archons,
and why was the jurisdiction of that court, now perhaps for the
first time, limited to cases of homicide ‘with malice aforethought’?
Müller[146] offers a solution of this problem. ‘The administration,’
he says, ‘of the rites of expiation could not be taken away from the
old aristocracy of Athens even when the constitution underwent in
other respects a complete change. None but an aristocratic court was
competent to pronounce an act of homicide expiable, and itself to preside
over the rites of expiation and cleansing. Accordingly, the cases
reserved for the decision of that court were those in which a person
was accused of unpremeditated slaying—for here expiation came in after
the exile; further, where the plea put in by the accused was that of
justifiable homicide—in this case there was no punishment ... but still
it was necessary, at least in certain cases, that he should undergo
purification: further, in case an unpremeditated was followed by a
premeditated act of homicide, it being then a question whether expiation
was admissible or not: lastly, the formalities observed in trials of the
weapon by which blood was shed ... necessarily devolved upon the managers
of the ancient rites of expiation. As wilful murder, on the contrary,
could not be expiated ... there was no need in this case to refer to
expositors of ancient Sacred Law. So that Solon was at liberty here to
vest the cognisance of such cases in a corporate body which ... he formed
out of the most affluent Athenian citizens who had filled the offices of
archon.’
Public-domain text, read in full here on John Shaqi.
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