The History and Antiquities of the Doric Race, Vol. 1 of 2Müller, Karl Otfried
History
The History and Antiquities of the Doric Race, Vol. 1 of 2
Müller, Karl Otfried
Dorians -- History; Greece -- Antiquities, Dorian; Greece -- History -- Dorian Invasions, approximately 1125-1025 B.C.
At Athens likewise, as was remarked above, the expiatory rites of the
worship of Apollo were connected with the criminal courts of justice, the
aristocratic ephetæ being intrusted both with the ceremony of purification
and the duties of judges. These were fifty-one men, of noble birth,(1376)
who in early times had jurisdiction in five courts of justice (amongst
which the Areopagus was of course included) over every description of
homicide.(1377) Solon probably first separated the Areopagus from the
other four courts; and in order to make it a timocratic tribunal, with
cognizance over cases of wilful murder, he gave it great political, though
not religious power; the latter he was not able to bestow. The
jurisdiction of the ephetæ was now confined to cases of unintentional or
justifiable homicide, and some others of no importance; thus remaining a
singular remnant of the ancient judicial forms, in the midst of an
universal change. We shall now describe the ceremonies in use at the
expiation of homicides. It is necessary, however, in the first place, to
distinguish the wilful murderer, who either left for ever his native land,
losing all privileges and property therein, or who suffered the penalty of
the laws, from the man who killed another without design, or with some
good cause, to be approved by the sentence of the ephetæ. A person in the
latter situation left his country by a particular road for a certain time;
during which he also kept at a distance from places of public resort
(ἀπενιαυτισμὸς).(1378) Afterwards, the reconciliation took place either
with the kindred or certain chosen phratores; but only in case they were
willing,(1379) and that it was only a homicide of the second
description.(1380) The term used was αἰδέσασθαι, because an offender of
this kind was an unfortunate person, and therefore, according to the
opinion of the ancient Greeks, worthy of respect. Afterwards, the
perpetrator was purified from all guilt by sacrifices and expiatory rites.
In early times the purification probably always took place abroad,
frequently in the ancient settlements of the injured family. At Athens it
was performed after the return of the criminal; and there the cases of
atoneable murders were of course less frequent than in the heroic age;
since, under a less regular government, and with closer family ties, there
were more incitements and excuses for that crime. Hence at that time those
institutions must have been of double importance, which checked the
fearful consequences of an unlucky act, quieted the workings of an uneasy
conscience, and moderated the too eager thirst for revenge.(1381)
From this ancient connexion of the religious expiations and criminal
jurisdiction, we easily perceive why at Athens Apollo should have presided
over all the courts of justice;(1382) and why he was also represented at
Tenedos as armed with a double hatchet,(1383) the instrument used in that
island for the execution of adulterers.(1384)
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