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
In the light of these details we can more easily explain the peculiar
fact that a man who had no relatives—and it was sometimes possible that a
metic, or a stranger, or a casual vagrant should have no relatives—could
not be avenged if he were slain. In the _Euthyphro_ of Plato[102] we
are told how a poor freeman who had killed a slave was put in chains by
his employer—it was a kind of informal arrest—till the verdict of the
Exegetae should be heard. The freeman died. It was not wilful murder, but
there was a certain degree of guilt, a certain amount of neglect on the
part of his captor, a certain ἀφυλαξία which laid the employer open to a
charge of manslaughter. Euthyphro, a son of the employer, feeling that he
was ‘polluted’ by the fact of living with his father, proposed to charge
him before the Archon Basileus at Athens; Socrates asks Euthyphro in the
dialogue if he was a relative of the slain. Euthyphro replies that he
does not see what difference it makes whether one is a relative of the
deceased or not; the important thing is that he is polluted unless he
accuses his father. Socrates implies that such an accusation is impious.
We can only regret that Plato does not tell us the sequel of this
fanciful drama. We think that Plato is sophistically exposing, if not
covertly sneering at, the inconsistency[103] of the pollution doctrine.
He objects, apparently, to the law which made prosecution the prerogative
of the relatives of the deceased, a law which was derived, we think, from
tribal traditions of ‘private vengeance,’ just as in other passages he
objects to the legends of the gods which more primitive generations had
created.[104]
We have said that ‘pollution’ was not confined to the murderer, but
extended, as if by contagion, to all persons who harboured or protected
him or neglected to punish him. Thus Plato says,[105] in regard to
kin-slaying: ‘The relative of deceased as far as cousins, male and
female, who does not prosecute ... shall take upon himself the pollution
and the anger of the gods.’ In this we see an aspect of the Greek
‘pollution’ doctrine which expressed the autocratic will of Delphi and of
State-gods in alliance with Delphi. But if the dying man ‘forgave’ or, in
certain cases, did not solemnly ‘charge’ his relatives to prosecute, this
autocratic will could be ignored. Thus, the Erinnys of a slain man had
a determining effect on the obligation of prosecution and on the nature
of the penalty. In the Oresteian legends as they were staged by Attic
dramatists, this twofold aspect of ‘pollution’ is never quite forgotten;
but there are complications in these legends which prevent us from
dwelling at any length upon them here.
Public-domain text, read in full here on John Shaqi.
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