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 have seen that in post-Homeric times the long submerged group-system
of tribal society resumed its sway. Though the wars and migrations of
the period must for a time have weakened its power, yet ultimately, as
Thucydides says, ‘Hellas recovered tranquillity, and began to send out
colonies.’[41] The new doctrine of Apollo, which regarded homicide as a
‘pollution,’ was, we think, adopted about the seventh century, which was
pre-eminently the period of Greek colonisation. Henceforth the homicide
was conceived as an enemy not merely of the ghosts of those whom he had
slain but also of the gods of the new States which had evolved out of
chaos through synoekism. But Attica, almost alone of all Greek States,
was immune from the chaos of migrations and invasions and retained for
the most part its original inhabitants. Therefore Attica, more than
any other Greek State, required, for its political unification, a more
strenuous law-making, a more violent attack on the civic action of the
clan.
Yet we cannot suppose that the clans and tribes of the group-system were
destroyed in Attica any more than they were in other parts of Greece. All
through the historical era clans and tribes continued to exercise limited
powers and jurisdictions; the old ties of kindred and of neighbourhood
were maintained under the form of religious corporations long after the
group-system had lost its political power. All this is merely to say that
the old aristocracy of birth was replaced by plutocracy and democracy.
The various stages in this transition will be made clear if we give a
brief sketch of the political evolution of Attica, a sketch which is all
the more necessary because of the analysis which we shall have to give,
at a later stage, of blood-vengeance in Attic tragedy.
EVOLUTION OF THE ATTIC STATE
We need not allow ourselves to be detained by the obscure and conflicting
legends which centre round the birth of the Attic nation. Coulanges[42]
refers to the traditions concerning local kings of Attica before the
time of Cecrops. Pausanias refers to a kind of religious amalgamation
which was doubtless the concomitant of political synoekism: ‘Sacred to
Athene,’ he says, ‘is all the rest’[43] of Athens and similarly all
Attica; although they worship different gods in different townships,
none the less do they honour Athene generally. He points out that four
villages at Marathon were still in his time united in a local worship of
Apollo, and that legend attributed to Cecrops a federation of Attica into
twelve different states.[44] While Coulanges accepts the legend which
attributes to Theseus the political unification of Attica, he thinks[45]
that Plutarch[46] and Thucydides[47] are in error in supposing that
Theseus abolished the local prytanies and magistracies. ‘If he attempted
this,’ he says, ‘he certainly did not succeed; for a long while after him
we still find the local worships, the assemblies, and the kings of the
tribes.’
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