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
Plato shows how local judges would have solved the difficulty caused by
recalcitrant relatives. We have seen[77] that Plato decrees perpetual
exile for manslaughter between strangers. But exile from what State?
Surely it was only from the State in which the deed took place: and the
reason for this penalty was probably the fact that the relatives of the
slain did not live in the State where the deed took place: and hence no
‘appeasement’ of these relatives could formally admit him to that State,
though he could be admitted through ‘appeasement’ to his native State,
if the slayer and the slain were both citizens of the same State. Thus
the tendency of the pollution doctrine, apart from the claims of the
relatives of the slain, was to exact perpetual exile for manslaughter.
Plato decrees that any citizen had the right to prosecute a stranger for
manslaughter, but not that he had a right to accept ‘appeasement.’[78]
Hence, by a strange paradox, the relatives of the slain provided a medium
by which the man-slayer regained his civic status. Yet, in the case of
involuntary kin-slaying, the slayer could never re-enter his home! We
believe that these decrees are not Platonic creations, but were found
in Attic law, written or unwritten. Can they be reconciled and made
intelligible?
We saw[79] that wergeld was not admissible for kin-slaying in the
Pelasgian tribal system. Outside the kindred, however, wergeld permitted
the slayer to remain at home or to return after a time, if he could not
pay the full _were_. A comparison of such customs with the historical
homicide code suggests quite obviously a compromise, in which the
seventh-century pollution-doctrine failed to impose its will on the
relatives of the victim because of a real or presumed ‘forgiveness’ on
the part of the slain. Without the anger of the dead, the pollution
doctrine could not operate.[80] Apollo himself could not enforce it.
The relatives of the slain had a just claim to be regarded as the best
interpreters of the anger of the dead. It was in this crevice, so to
speak, in the doctrine of pollution that the kindred of the slain drove
the thin end of their old tribal wedge. They claimed the right to
determine the period of exile for manslaughter, but for manslaughter
only: for in such cases the anger of the dead could not be regarded as
perpetually implacable. In theory, then, these relatives had the right
to consent to ‘appeasement’ at any time; but in deference to the dead
their consent could not become effective before a year had passed. They
could in theory delay their consent indefinitely, but delay was less
probable in local than in central jurisdiction. They were compelled by
law to prosecute the manslayer in court if the slayer denied his guilt;
but if he admitted guilt, no trial was necessary; and it was only in such
a contingency that ‘appeasement’ could occur without trial: nevertheless
a year’s exile was still necessary before the relatives could accept
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