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
We have seen[220] that in the days of private vengeance and of tribal
society, kin-slaying was normally punished by exile, as wergeld was
impossible, and kinsmen revolted against the infliction of death. In
those days, kin-slaying was normally a matter for the jurisdiction of
the clan. In historical times, kin-slaying was punished by death and the
confiscation of property—and these penalties can no longer be regarded
as in conflict with clan-psychology, since the slayer was prosecuted in
a State Court and was executed by State officials. All these facts are
therefore quite consistent and they are mutually explanatory. It was
the doctrine of pollution and the evolution of civic government which
produced so drastic a revolution in the punishment of kin-murder.
We can now understand quite clearly the meaning of Plato’s reference to
the penalty of kin-slaying: ‘Of a kindred blood defiled,’ he says,[221]
‘there is no other cleansing, and the pollution cannot be washed away
until the life of the slayer shall atone for kin-blood by kin-blood and
appease and set to rest the anger of all the kindred. It is proper that a
person be restrained from such deeds by the fear of such punishments from
the gods.’ Euripides also expresses the same sentiment in the _Medea_.
The Chorus say[222]:
Stern upon mortals the vengeance falleth
For kin’s blood spilt: from the earth it calleth,
A voice from the gods, and the slayers appalleth,
On whose homes it shall light.
How then do we suppose that the murder of a husband by his wife, or of a
wife by her husband, was punished in Attic law? Such parties were usually
not akin by blood. Yet they lived in the same house and they ate at the
same table.[223] The penalty in this case was, we think, precisely the
same as the penalty for ordinary wilful homicide. The slayer had the
option of going into exile for ever if he fled before conviction, or of
suffering death at the hands of the public executioner if he did not
flee. Hence, perhaps, Euripides[224] is thinking of the historical Attic
law when, in the _Orestes_, he makes Tyndareus assert that Orestes should
not have slain his mother, but should have put her on trial and have
banished her as an exile for ever. We must assume that in the event of
exile the property of such slayers was confiscated, though it seems very
cruel that children whom murder and vengeance had deprived of both their
parents were compelled in addition to forfeit their patrimony.
Public-domain text, read in full here on John Shaqi.
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