Poine: a study in ancient Greek blood-vengeanceTreston, Hubert Joseph
History
Poine: a study in ancient Greek blood-vengeance
Treston, Hubert Joseph
Criminal law (Greek law); Greece -- Civilization; Greek drama (Tragedy) -- History and criticism; Homicide (Greek law); Vendetta
Glotz is quite definitely of the opinion, and in this we agree with him,
that purgation for homicide was unknown to the Greeks of Homeric times.
In Homer, he says,[101] we find traces of a purely physical cleansing
which is required as a preliminary to sacrifice: but such words as
μιαίνω, μιαρός and μιαίφονος refer to the victim, not to the slayer.[102]
Homicide is not a religious offence: the murder exile, received without
scruple,[103] eats at the same table as other guests, and takes part in
libations and in prayers. The first genuine instance of purgation for
homicide occurs in the _Aethiopis_ of Arctinus of Miletus (750-700 B.C.),
and the practice continued to develop until it reached its complete
systematisation in the time of Dracon.[104] ‘Its development,’ says
Glotz, ‘coincides with the disappearance of patriarchal clans and the
progress of city life.’ The purgation-system mediated the transition
from ‘private vengeance’ to ‘social justice.’ It was derived, he
thinks,[105] from the Semites. Before its advent in Greece, the Greeks
had long practised Chthonian rites, upon which, so to speak, it was
easily grafted, such rites, for instance, as that which accompanied
cursing or swearing, a rite in which ‘purging’ water was thrown over
the hands of those about to swear,[106] or that which was associated
with solemn reconciliations after feuds or enmities.[107] Hence, says
Glotz, it came about, by a natural transition, that in historical times
the preliminary pleas on oath of the accuser and the accused in cases
of homicide were taken at the altar of the Erinnyes, and it was at this
altar that sacrifice was offered by the defendant acquitted of murder
by the Areopagus and by the returned exile who had paid the penalty of
involuntary homicide.[108]
Public-domain text, read in full here on John Shaqi.
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