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
Since Greece, unlike Israel, was a conglomeration of local civic
groups, and as tribal custom had accepted exile in default of wergeld
and prescribed different periods of exile according to varying degrees
of guilt, therefore, when the issue was knit between the new Semitic
doctrine of ‘pollution’ and the ancient tribal laws, the resultant
compromise produced a new law which decreed perpetual exile for all cases
of wilful homicide, including, we believe, originally, even kin-slaying.
The law of historical times which condemned the kin-slayer inevitably to
death was not, we have reason to believe, a product of the Asiatic-Greek
compromise. Like the law which decreed the confiscation of a murderer’s
property, it is, we think, to be attributed to the evolution of
centralised State government. In regard to manslaughter different periods
of exile were, no doubt, decreed according to the different degrees of
guilt: the despotic doctrine of theocratic Asia had, in this, to respect
the long traditions of tribal Greece: accidental and justifiable slaying
probably required no civic atonement. Apollo was compelled to admit
such slayers to immediate ‘purgation.’ In other cases, ‘purgation’ was
accepted when the prescribed atonement had been made.
Our account of this compromise in the Greek doctrine of pollution is
complicated by the presence of a third factor which had become more
and more important as Greek States increased in size and power, and
which must be indirectly attributed to the doctrine of ‘pollution,’
namely, the conception of homicide as an insult to the State gods and
to the State, not merely to the Sun, or to the Delphian Apollo, or to
some still more distant Orphic deity in the underworld. This conception
of homicide raises it at once from the position which it held in the
system of ‘private vengeance’: the murderer, like the traitor and the
man stained with sacrilege, now stands forth, if not as a criminal in
the modern sense, at least as a quasi-criminal, a vile being who has
jeopardised by his act the prosperity and the destiny of the State. He
is henceforth liable to ἄτιμία,—he must be degraded from citizenship: if
he waits for the verdict which declares him a State criminal, he must
die. If he flees, his property must be confiscated to the State, as was
the property of all ‘degraded’ exiles. Retribution to the relatives,
which is the basis of tribal wergeld, has vanished into the air, but the
murderer cannot now be buried in the tomb of his fathers: he can never
frequent the temples of his gods: he cannot even attend the public games
of all the Greeks lest the contact of his presence should pollute his
fellow citizens or the gods who no longer can tolerate his presence.
But, provided he avoids certain areas and festivals, he may live without
fear. A law of Dracon[95] declares that to slay such an exile was murder.
Thus we see how the old tribal custom which accepted exile as a complete
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