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
They had succeeded at least in imposing many old Pelasgian traditions
upon the autocrat of Delphi. In historical Greece, at least before the
third century B.C.,[98] the State could never take the initiative in
a direct prosecution for homicide, as modern States do. It could, of
course, bring a charge of Impiety against delinquent relatives of the
slain[99]: but the initiative rested in theory with those relatives.
The wish of a dying man who had been fatally wounded was expressed in
a formal ‘charge’ which he gave to his relatives, and this very often
determined the course of subsequent proceedings. ‘Forgiveness’ by the
dying man precluded a charge of murder. If a Greek of the historical
era, who had been fatally wounded, thus ‘released’ his slayer before
he died, the relatives were not bound to prosecute[100]: they could be
persuaded to refrain from prosecution by what is known as a ‘private
settlement’ with the slayer and his relatives. This, of course, was not
a genuine wergeld; and even if it was, we could not infer that pollution
could coexist with wergeld, for ‘pollution’ did not arise, in any real
sense of the word, as the Greeks interpreted it, when the dying man
forgave. Now we cannot conceive such considerations as these affecting
the theocratic ‘pollution’ doctrine of the Hebrews. The law which decreed
by divine command that: ‘Ye shall not pollute my land wherein ye are:
for blood defileth the land,’ takes little account of the wishes of the
dying or of the relatives of the slain. We must, of course, distinguish
‘release’ from ‘forgiveness’ in Greek law. ‘Release’ implies the absence
of any ‘charge’ by the dying man. In cases of involuntary homicide,
unless the dying man commanded his relatives to prosecute, no trial
or formal proceedings were necessary[101]: ‘private settlement’ was
permitted. Whenever therefore a trial for involuntary homicide took place
in historical Greece, we must assume either that the accused denied
the guilt and refused ‘private’ compensation or that the dying man
charged his relatives to prosecute. In this latter case the slayer was
polluted and had to undergo purgation when the civic atonement had been
made. Hence we may truly say that, within certain limitations, Greek
‘pollution’ depended on the will of the victim and of his relatives.
Public-domain text, read in full here on John Shaqi.
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