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
Yet we cannot suppose that the pollution-doctrine of itself degraded
murderers to the same level with sacrilegious criminals, at least in
the judgment of Apolline theocratic nobles, the pre-historical Greek
sacerdotal aristocracy. From the _Ion_ of Euripides[176] we infer that
sacrilege was the main element which the Delphian nobles and magistrates
condemned in the attempted murder of Ion, the priest of Apollo, by
Creusa. We cannot infer that ordinary homicide would have called for
such public action unless we assume that the Delphians, in addition
to being priests, were also the leaders of a civic government. Their
action in the _Andromache_[177] in slaying, in conjunction with Orestes,
Neoptolemus, who was consecrated by his presence in the sanctuary, cannot
be reconciled with their procedure in the _Ion_ unless we assume that
the death of Neoptolemus was an act of vengeance. Such indeed it was,
but, as Euripides presents it,[178] it was entirely out of proportion to
the offence. The attitude of the Delphians in the _Ion_, and also the
survival of the avenger of blood in Hebrew society under the operation of
‘pollution’ doctrines, prevents us from asserting that private execution
was abolished by ‘pollution.’
(5) But we have suggested[179] that the murder code of historical Greece
was a compromise between three forces: (_a_) the tribal traditions of
material retribution to the relatives of the slain; (_b_) the Apolline
doctrine of homicide as an offence against the gods; and (_c_) the
conception of murder as an insult to the majesty of the State and to
its gods, which arose after the synoekism of local peoples and the
establishment of strong civic governments. As we believe that the
pollution-doctrine abolished wergeld, so we believe that the concurrence
of the pollution-doctrine with State power led to the abolition of
private execution for homicide in the rare cases in which the murderer
refused to flee and was put to death, because he had the audacity to
perjure himself in the attempt to prove his innocence. It follows that
official execution was in existence in Dracon’s time. There is no more
reason for delaying its arrival twenty years in order to link its advent
with the name of Solon than there is for supposing that wergeld was
not abolished before the time of Solon. Between 600 B.C. and the time
of Demosthenes we know of no civic or legal innovation to which such
a change could be attributed. The ‘Eleven’ who obeyed the verdicts
of the Heliasts also obeyed the decision of the Areopagus and of the
pre-Solonian Ephetae courts.[180]
Such evidence for State execution as we possess in Plato and the Attic
orators, far from suggesting that it was a recent innovation, implies on
the contrary that in their time it was a well-established practice.
Public-domain text, read in full here on John Shaqi.
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