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
For the sake of clearness we will summarise our own conclusions in
advance. We believe that ‘private settlement’ was permitted by law or
custom—it was not _expressly_ prohibited or permitted by any written
code—whenever a ‘release’ from blood-guilt on the part of the victim,
before death, was _formally granted_, or, in the absence of a ‘charge,’
could be _tacitly assumed_; but that otherwise ‘private settlement’
was a sin, a religious quasi-criminal offence, and must therefore
have been legally invalid, in the sense that the offender was liable
to prosecution.[255] This view is not only consistent with, but is in
part derived from, our theory of the incompatibility of ‘pollution’ and
wergeld. ‘Private settlement’ is not, of course, wergeld in the strict
sense, but it has this much in common with it, that it allowed the slayer
to remain in his native State for the rest of his life. His presence was
not a cause of pollution.
We have seen[256] that the Greek religious doctrine of homicide as a
‘pollution’ expresses a compromise between the newly evolved power of
synoekised States and the traditions of the tribes, between the ideals of
an international autocratic Apollo and the claims of the Erinnyes of the
slain who reflected the desires of the dead and of their relatives. It
follows that whenever the laws which resulted from this compromise were
observed, whenever the prescribed penalty or atonement was paid, Apollo
and the Erinnyes were logically compelled to accept the ‘appeasement’
and to signify by their consent, in certain cases, to the ceremonial
of ‘purgation’ that the ‘pollution’ of the criminal was washed away.
But it was never forgotten that, in theory, the pollution of the slayer
had a twofold source: that the stigma of bloodshed was, so to speak,
bicellular, and was expressive of the anger of Apollo, on the one hand,
and of the anger of the Erinnyes on the other. It is obvious, therefore,
that a ‘release’ on the part of a dying victim precluded any serious
anger on the part of the Erinnyes, whereas a victim’s solemn command
to his relatives to prosecute his slayer[257] set in motion the entire
supernatural vigour of the avenging Erinnyes. Thus in the _Eumenides_
of Aeschylus[258] the Furies tend to go to sleep and to forget until
they are goaded into activity by the ghost of the slain Clytaemnestra.
Hence it is correct to maintain that in the event of a formal or
presumed ‘release’ on the part of a dying victim, the slayer was not
in any real sense polluted. In such cases, the slayer may have had to
undergo ‘purgation’ of a minor kind, one of these local supplementary
‘purgations’ which were intended to free the citizens from religious
scruple.[259] Purgation, we have said, was not symbolical of guilt, but
rather of atoned guilt or of innocence. But in such cases the slayer was
not really ‘polluted.’ His presence in his homeland did not anger the
dead or the gods. But if the dying victim did not formally release his
Public-domain text, read in full here on John Shaqi.
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