The History and Antiquities of the Doric Race, Vol. 2 of 2Müller, Karl Otfried
History
The History and Antiquities of the Doric Race, Vol. 2 of 2
Müller, Karl Otfried
Dorians -- History; Greece -- Antiquities, Dorian; Greece -- History -- Dorian Invasions, approximately 1125-1025 B.C.
4. Banishment was probably never a regular punishment in Sparta, for the
law could hardly have compelled a person to do that which, if he had done
it voluntarily, would have been punished with death.(1050) Murderers,
particularly if their crime was unpremeditated, were sometimes forced to
fly the country;(1051) but this cannot be considered as a case in point,
for the flight only took place for the purpose of avoiding the revenge of
relations. On the other hand, banishment exempted a person from the most
severe punishments,(1052) and, according to the principles of the Greeks,
preserved him from every persecution; so that even a person who was
declared an outlaw by the Amphictyons was thought secure when out of the
country.(1053) There is no instance in the history of Sparta of any
individual being banished for political reasons, so long as the ancient
constitution continued.
The punishment of death was inflicted either by strangulation in a room of
the public prison called Δεξὰς,(1054) or by throwing the criminal into the
Cæadas, a ceremony which was always performed by night.(1055) It was also
in ancient times the law of Athens, that no execution should take place in
the day-time.(1056) So also the senate of the Æolic Cume (whose antiquated
institutions have been already mentioned) decided criminal cases during
the night, and voted with covered balls,(1057) nearly in the same manner
as the kings of the people of Atlantis, in the Critias of Plato.(1058)
These must not be considered as oligarchical contrivances for the
undisturbed execution of severe sentences, but are to be attributed to the
dread of pronouncing and putting into execution the sentence of death, and
to an unwillingness to bring the terrors of that penalty before the eye of
day. A similar repugnance is expressed in the practice of the Spartan
Gerusia, which never passed sentence of death without several days’
deliberation, nor ever without the most conclusive testimony; the person
who was acquitted could however be always subjected to a fresh
examination.(1059) Notwithstanding this horror of shedding blood, the
punishments in the early Greek states were more severe than under the
Athenian republic. The orator Lycurgus(1060) ascribes to the ancient
legislators in general the principle of the laws of Draco, to punish _all_
actions with the same severity, whether the evil which they caused was
great or small. This severity partly owed its origin to a supposition that
the public rights were injured, and not the property or the peace of an
individual. Thus the ancient law of Tenedos (which, together with the
worship of Apollo there established, appears to have been derived from
Crete) punished adulterers by decapitation with an axe;(1061) the same
offence was punished, according to the code of Zaleucus, by the loss of an
eye,(1062) and in Sparta it was guarded against by laws of extreme
severity.(1063)
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