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
slayer, if he charged his relatives to prosecute, then in all cases,
even in the event of justifiable homicide, the slayer was ‘polluted’
until he was formally purged. This purgation could not be performed
by any ordinary person or at any ordinary time. The conditions of its
performance were regulated by Delphic law and by State law. Once charged
by the relatives of the slain, the accused had either to admit guilt
or to advance a ‘plea,’ and the civic penalty had to be paid before
purgation was permitted.
It is difficult to understand how Glotz can attribute to ‘pollution’
a considerable influence in abolishing ‘private vengeance’ and in
necessitating State interference in homicide,[260] and at the same time
maintain[261] that in historical State justice ‘private settlement’ was
legal as an option for prosecution. Attic law proves that the slayer was
‘polluted’ during the long period of time—three or four months—which
intervened between the first public accusation, at the funeral of
deceased, and the trial.[262] He could not enter the city temples, or
frequent the public places, under penalty of death. Glotz admits[263]
that a person who was accused but unconvicted of murder was ‘polluted,’
but he seems to think that the pollution could be privately purged or
ignored altogether. ‘Before the public _accusation_,’ one may say,
‘the slayer was not polluted.’ He was perhaps not publicly known to be
‘polluted,’ we admit. But in reality we believe that he was polluted
when the ‘victim’ died without ‘release.’ If the relatives chose to hush
the matter up, this did not destroy the real ‘pollution.’ If the matter
became known to the public, these relatives could themselves be indicted
on a charge of impiety.[264] They had broken the religious laws, the
unwritten customs, of the State. They could not righteously ‘settle’
except in the event of ‘release.’
Public-domain text, read in full here on John Shaqi.
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