In considering a religion under its social or legal aspects, the laws
concerning homicide will often yield telling evidence. There is a
whole aeon of development dividing the code of Hammurabi and the
Homeric and pre-Homeric theory in this matter. The Babylonian had
arrived, as we have seen,[138.3] in some indefinitely {139} early
period at the conception of murder as a crime against the whole State,
at what we may call the advanced secular point of view. In Greece that
conception is post-Homeric: the Homeric and pre-Homeric societies were
still in the stage of law in which homicide is treated as a private
affair of the kinsmen, a matter to be settled by the blood-feud or
weregild. Only in certain cases it was a sin, namely, when the slain
person was a suppliant or a kinsman. The religious feeling in respect
of the first partly arises from the old Aryan Hearth-worship;[139.1]
in respect of the second, it is associated with a primitive tribal
horror of shedding kindred blood: and, though the feeling of the
religious sanctity of the guest, the suppliant, and the kinsman was
strong in Semitic communities, I cannot find any special Babylonian
cult that is analogous to that of Zeus Μειλίχιος, or Ἱκέσιος, or
Ξένιος. I have traced elsewhere the development in the ninth and
eighth centuries of the more civilised legislation concerning homicide
in Greece, and I have tried to indicate the precise part played by
religion in aiding the evolution:[139.2] to get to the facts one must
specially study the worship of Athena and Apollo. I have connected it
with a growing sense of the impurity of bloodshed, which might express
itself in a definite religious way, as fear of the ghost or of the
offended deity. It is open to us to explain this increased
sensitiveness concerning purity as a mark of Oriental influence, which
was reaching Greece in the first millennium B.C. But at least we ought
not to derive it from Mesopotamia until we find evidence of
purifications from bloodshed as a common ritual in Babylonian
religion, and the impurity of bloodshed an underlying {140} principle
of the Babylonian law of murder. But, as we have seen, we discern here
only the secular result: the religious force that may have worked
towards it is too far removed in the background of the past.
Summarily, we must conclude that the political application of Hellenic
religion seems wholly a native and independent product of the Hellenic
spirit, and reflected the characteristically Hellenic forms of civic
life.
CHAPTER VIII.
Religion and Morality.
{141}
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