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
explanation of it. Clan-extradition arose, we believe, as a solvent of
war between the clans concerned. The tribal court or the city court may
possibly have acted in Pelasgian times as a medium for the operation of
this solvent. But the historical system of extradition, with all its
minute differentiations and variations, bears, we think, the stamp of
Amphictyonic legislation in the age of aristocratic rule in Greece, or in
what we may call the Apolline era. It was only when homicide became an
offence against an international god at Delphi, that is, in the seventh
century B.C., that such legislation came to be applied to this kind of
‘crime.’ This is our explanation of the origin of the law. It was an
international compact issued in the form of an oracle.
As an illustration of the interference of oracles in international
disputes we will cite one or two passages from Herodotus. At the battle
of Thermopylae in 480 B.C. Leonidas, the famous king and commander of
the Spartan band, was slain, and Xerxes, the Persian king, mutilated
the corpse by decapitation and crucifixion.[205] This act is regarded
by Herodotus as a barbarous violation of the customs of war, and is
attributed by him to the rage and anger of Xerxes at the time. The
Spartans seem to have been able to present the act afterwards as a case
for damages, and they secured the support of the Delphic oracle. When
the Persians had failed in their expedition against Greece, and Xerxes
was returning to the Hellespont, ‘an oracle came from Delphi to the
Lacedaemonians bidding them ask satisfaction from Xerxes for the death
of Leonidas and accept that which should be given by him.’[206] Xerxes
ridiculed the suggestion at first, but later he referred the herald to
Mardonius, who would, he said, pay satisfaction. At the battle of Plataea
Mardonius was slain, and then, says Herodotus,[207] ‘the satisfaction
for the death of Leonidas was paid by Mardonius according to the oracle
given to the Spartans.’ Again, we are told[208] that after the Persian
conquest of Lydia, Cyrus charged Mazares to bring to him alive a certain
Pactyas, a leading anti-Persian rebel. Pactyas fled to Kyme, and when
messengers came from Cyrus demanding his ‘extradition,’ ‘the Kymeans
resolved to consult the deity at Branchidai as to the course which they
should follow.... For there was there an oracle established of olden
time, which all the Ionians and Aeolians used to consult’: and ‘when they
thus inquired, the answer was given them that they should deliver up
Pactyas to the Persians.’ Herodotus says that the Kymeans did not give up
Pactyas, as they suspected the oracle of political designs. Later, the
oracular shrine informed them that they were bidden to deliver up Pactyas
only in order that they should be punished by the gods for contemplating
the violation of a suppliant’s rights! This does not imply, as Glotz[209]
supposes, that such rights belonged to murderers, for Pactyas was not a
murderer.
Public-domain text, read in full here on John Shaqi.
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