Ancient Greece by Dillon Matthew Garland Lynda & Lynda Garland

Author:Dillon, Matthew,Garland, Lynda & Lynda Garland [Matthew Dillon]
Language: eng
Format: epub
ISBN: 9781136991332
Publisher: Taylor & Francis (CAM)

8.3 Inscriptiones Graecae I3 104: Republication of Drakon’s Law of Homicide, 409/8 bc

A revision of the laws of Solon took place after the fall of the Four Hundred in 411 BC, and Drakon’s law on homicide in 621/0 was republished as part of this. The person guilty of involuntary homicide was to be exiled (not killed) but could be pardoned if the relatives of the victim permitted (father, brothers or sons are listed), but not if one of them opposed the pardon. Provisions were also made if there were no relatives. A connection between this code and the Kylonian affair is usually assumed (docs 7.21–23). The anagrapheis were recorders; the poletai let out state contracts and sold confiscated property; the hellenotamiai were the ‘Hellenic Treasurers’; the nature of the ephetai remains obscure. [IG I2 115; Meiggs & Lewis 86.]

Diogn[e]tos of Phrearrhioi was secretary; Diokles was archon. It was resolved by the boule and the people; (the tribe) Akamantis held the prytany, [D]io[g]netos was secretary, Euthydikos presided, [..]e[..ph]anes proposed the motion: let the anagrapheis record the 5 law of Drakon concerning homicide, when they have received it from the basileus archon together with the secretary of the council, on a stone stele and set it up in front of the stoa basileios; let the poletai put this out to contract in accordance with the law; let the hellenotamiai provide the money.

10 First Axon. Even if without premeditation someone kills someone, he is to go into exile; the basileis are to pass judgement on him as guilty of homicide either … or he who planned it; the ephetai are to give the verdict. He may be pardoned if the father is alive or brothers or sons, all of them, otherwise the one opposing it is to prevail; if these 15 are not alive, then (by the male relatives) as far as the cousin’s son and cousin, if all are willing to pardon, the opposer is to prevail; and if not even one of these is alive and the killing was involuntary and it is judged by the Fifty-One, the ephetai, that it was involuntary homicide, let the phratry members admit him into the country, if ten are willing; these the Fifty-One are to choose according to their merit. And those who before this were 20 also killers let them be bound by this ordinance. Let proclamation be made against the killer in the agora (by the male relatives) as far as the degree of cousin’s son and cousin; and let the prosecution be made jointly by cousins and sons of cousins and sons-in-law and fathers-in-law and phratry members … guilty of homicide … the Fifty-One … 25 convicted of homicide … If anyone kills the murderer or is responsible for his death, when he has kept away from the agora on the frontier and the games and the Amphictyonic rites, let him be treated the same as one who has killed an Athenian; the ephetai are to judge the case … the aggressor … kills the aggressor … 35 the ephetai are to give the verdict … is a free man.

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