Note 159 — Chapter XX · STATE OF SOCIETY AND MANNERS AS EXHIBITED IN GRECIAN LEGEND.

See Lysias, De Cæde Eratosthen. Orat. i. p. 94; Plutarch. Solon, c. 23; Demosthen. cont. Aristokrat. pp. 632-637.

Plato (De Legg. ix. pp. 871-874), in his copious penal suggestions to deal with homicide, both intentional and accidental, concurs in general with the old Attic law (see Matthiæ, Miscellanea Philologica, vol. i. p. 151): and as he states with sufficient distinctness the grounds of his propositions, we see how completely the idea of a right to private or family revenge is absent from his mind. In one particular case, he confers upon kinsmen the privilege of avenging their murdered relative (p. 871); but generally, he rather seeks to enforce upon them strictly the duty of bringing the suspected murderer to trial before the court. By the Attic law, it was only the kinsmen of the deceased who had the right of prosecuting for murder,—or the master, if the deceased was an οἰκέτης (Demosthen. cont. Euerg. et Mnesibul. c. 18); they might by forgiveness shorten the term of banishment for the unintentional murderer (Demosth. cont. Makart. p. 1069). They seem to have been regarded, generally speaking, as religiously obliged, but not legally compellable, to undertake this duty; compare Plato, Euthyphro, capp. 4 and 5.