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
The conception of homicide as a pollution or religious offence is known
to have existed at an early date amongst the Hebrews, and we may hazard
the conjecture, though we find no express reference to the fact, that
a system of purgation was practised by the Hebrews, at least for minor
degrees of guilt. The penalties exacted for homicide amongst the Hebrews,
as amongst the Romans, were much more severe than those which prevailed
amongst the Greeks. We have seen[76] that in the normal operation of
homicide-purgation no religious ‘cleansing’ was valid while the civic
penalty remained unpaid. In Roman law, death was the penalty prescribed
for murder and for manslaughter: but for justifiable or justifiably
accidental homicide[77] there was no punishment, and religious expiation
could immediately take place. Amongst the Hebrews, a similar penalty was
exacted for murder and manslaughter. ‘Whoso sheddeth man’s blood, by man
shall his blood be shed’ is the general principle[78]; and again: ‘He
that smiteth a man so that he die[79] shall surely be put to death: if
a man slays presumptuously with guile, take him from my altar that he
may die.’[80] For accidental or justifiable slaying, however, we find
that a mode of escape from the avengers of blood was provided: ‘If God
delivers a man into his hands,[81] I will appoint thee a place whither
he shall flee[82] ... and ye shall not take compensation for him that is
fled to the City of Refuge that he should come home before the death of
the high-priest. So ye shall not pollute the land wherein ye are.’[83]
We may assume, with some degree of probability, that in this class of
homicide, some form of purgation ceremony was customary. We mention the
Hebrew custom here merely to show the general trend of Asiatic thought in
regard to homicide.
We may, therefore, regard as highly probable the view which connects the
origin of the post-Homeric Greek notion of homicide as a ‘pollution’
with the Semites and Asiatic peoples. Glotz merely states his view of
this matter without giving reasons in support of his statement.[84]
‘Alors,’ he says, ‘les Grecs prendront aux Sémites les rites dramatiques
de leurs cérémonies purificatoires.’ There were, however, some important
differences between the original Semitic doctrine and the matured Greek
adaptation of it, as will be evident from a brief explanation of the
precise nature of the Greek ‘pollution’ doctrine.
THE GREEK POLLUTION DOCTRINE
At first, we think, there came to Greece a vague rumour of the doctrine
through the medium of the Cyclic poets. Greek priesthoods in Asia had
already adopted it because of their proximity to Asiatic races who had
developed it. But originating, as it did, in the centralised theocracies
which then existed amongst these races, the doctrine could be accepted
only in a modified form by the Greek people whose predominant political
institution was the city-state.
Public-domain text, read in full here on John Shaqi.
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