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
Müller says[271]: ‘When a verdict of manslaughter was returned it was
allowable for the prosecutor and the accused to enter into a compromise
on the spot, if they pleased.’ He admits, however, that ‘in the regular
mode of procedure, the convict quitted his country by a certain road
and at a certain time and remained absent’ until he ‘appeased’ the
relatives of the slain, ‘whereupon he was permitted to return home under
certain prescribed forms, and, after the due performance of sacrifices
and rites of purification, he was at liberty to dwell once more in his
native land.’ The question of the ‘appeasement’ of relatives after
exile in cases of involuntary homicide will come up for discussion
later.[272] At present we are speaking of ‘compromise,’ or of ‘private
settlement,’ without exile: we may note Müller’s admission as to the
‘regular mode of procedure.’ He cites no authority for his statement
about a ‘compromise.’ Plato uniformly insists that a period of exile was
always compulsory in cases of involuntary homicide.[273] ‘Forgiveness’
on the part of the ‘dying’—as distinct from ‘release,’ which Plato has
not in mind[274]—always reduced the charge to one of manslaughter.
Hence we have argued that ‘release’ abolished all guilt and pollution.
Speaking of ‘forgiveness’ Plato says[275]: ‘If any person of his own
accord gives an absolution (ἄφεσις) to anyone for such a deed let the
purgations take place for the slayer as if the act had been involuntary
and let there be a period of one year in exile according to law (ἐν
νόμῳ).’ Speaking of general cases of manslaughter, he says[276]: ‘If
anyone kills involuntarily a freeborn person, let him be purified
with the same purgations as he who has killed a slave and let him not
dishonour a certain ancient legend ... hence the slayer must withdraw
(into exile) ... for all the seasons of a single year.’ The legend which
Plato mentions is suggestive: ‘A freeman slain by violence was,’ he says,
‘angry with his murderer while his death was still recent ... and seeing
his slayer roaming about in the places which he himself frequented (when
alive) shuddered at the thought and, sore distressed, harasses with all
his might the slayer and his movements, using memory as an ally in the
task.’ Here we can plainly detect that minor local ‘pollution’ which was
caused by the temporary resentment of the slain, and such ‘pollution’
could only be removed by a period of exile. There is a difference, then,
between ‘release’ and ‘forgiveness.’ In the latter case the slayer was
still ‘polluted’: the ghost has absorbed the anger of the gods which
is caused by the shedding of blood. Hence we think that the relatives
were not free, in such a case, to ‘compound’ with the slayer except at
the risk of incurring the anger of the dead and of the gods. We agree
with Müller’s statement regarding Plato[277]—namely, that his ‘scheme of
criminal law is in the main based on the same principles as the Attic
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