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
We shall see later that, in the Apolline code, death was probably the
invariable penalty for kin-slaying,[118] and there was no ‘purgation’:
but in other cases purgation was possible, and in the purgation ceremony
an animal was slain. The conclusion which is suggested _prima facie_
by these facts, namely, that at one time human sacrifice was the only
purgation for homicide, is not necessarily correct. We believe it is
incorrect. We agree with Glotz[119] in deriving the purgation rite from
Chthonian sacrifice in its general aspect. In such sacrifice, originally,
human beings were probably offered, prior to, contemporarily with,
and even subsequent to, the adoption of animal sacrifice. We cannot
legitimately assume that the latter supplanted the former. Glotz points
out that religion, being conservative, tends to preserve in ritual
elements which civilisation has abandoned. Hence arose the mock-rites of
human sacrifice which took place in historical times.
The belief that homicide-purgation originated in the sacrificial slaying
of the murderer was encouraged by the similarity which existed between
the rites of homicide-purgation and the ordinary ritual of Chthonian
expiation. We shall see later that, in the ceremonial of purification
which was applied to persons guilty of homicide, from the seventh century
B.C. onwards, the blood of a slain animal was poured over the hands of
the slayer, and allowed to flow away into the sea or into a running
stream. Thus, homicide-purgation (καθαρμός) easily came to be regarded
as a kind of expiation (ἱλασμός); but it differs fundamentally in meaning
from expiation, inasmuch as it is symbolical of the fact that a social or
religious obligation has been discharged, rather than of the fact that
it is being thereby discharged. The sacrifice of an ox or a sheep or a
ram to a god or a ghost was _in itself_ a payment or a retribution. But
homicide-purgation (καθαρμός) was never permitted _until_ the slayer had
re-established his normal social equilibrium, had suffered the penalty
prescribed by law, namely exile, temporary or perpetual, and was ready
to resume religious communion with his fellow-men. Since, therefore,
homicide-purgation was rather a symbol of reconciliation than a medium
of expiation, it was more closely allied to the rites which accompanied
the swearing of oaths,[120] the giving of pledges and the making of
contracts. The animal on which an oath was sworn could not be eaten: so,
too, the pig or the lamb by whose blood a murderer was ‘cleansed’ could
not be eaten. Now it is unfortunate that such ceremonies, which were
really symbolic of reconciliation, should have been so similar to the
general ritual of religious expiation that they could easily be confused.
There is a vast difference in meaning between reconciliation and the
aversion of evil, yet all these ideas were confused in the general system
of Chthonian ritual. As an illustration of this confusion we may cite
Public-domain text, read in full here on John Shaqi.
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