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
Legend is equally powerless to explain the birth of the Palladium court.
Pollux is content to give a legend which explains only the origin of the
temple, and even this story is probably fictitious.[18] Pausanias[19]
tells us a similar tale about the Argives and the wooden image of Pallas,
but in order to account for the origin of the court as distinct from the
temple, he relates that Demophon, son of Theseus, was tried here for
having slain, in an attack upon the Argives, an Athenian citizen whom in
the confusion he had not recognised as such. But we have seen[20] that
such slaying, in Attic law, was justifiably accidental homicide, not
manslaughter. Yet Pausanias fancies that he is explaining the origin of a
manslaughter court! No wonder that he feels that ‘the reason why he was
tried is a matter of dispute.’[21]
In his account of the Prytaneum court which tried inanimate objects or
animals guilty of bloodshed and which also brought in verdicts against
unknown murderers, Pausanias[22] refers to the ceremony of slaying an ox
at the Bouphonia. ‘They call one of the priests,’ he says, ‘Ox-Killer,
and he, after throwing the axe, runs away, for that is the usage: and,
as if they did not know who had done the deed, they bring the axe into
court as defendant.’ The first instance of such a trial occurred, he
thinks,[23] in the time of Erechtheus: ‘Then first did Ox-Killer kill
an ox, and left the axe and fled the country, and the axe was forthwith
acquitted after trial and is tried annually even nowadays.’ Pausanias
is probably correct in attributing to the Prytaneum an ancient origin.
But the Bouphonia belongs to a different strand of development from that
in which originated the trial of inanimate objects. There is a stage
in the evolution of ancient religion in which the slaying of an animal
was a religious offence and needed expiation.[24] This stage is quite
independent of that in which the shedding of human blood became sinful.
(We speak, of course, only of ordinary homicide, for in the earliest
days[25] the slaying of a kinsman was a sin against the family ghosts
and the gods of the hearth.) Now, the tabu against animal sacrifice
had probably disappeared, in Greece, long before the seventh century
B.C. when the tabu against human bloodshed had set in. But ritual is
conservative, and the original rite of the Bouphonia continued to be
carried out at a time when its meaning was lost and its origin forgotten.
A new meaning—but a wrong meaning—was grafted upon this rite, a meaning
which is derived from the trial of guilty animals and inanimate objects
in the central Prytaneum court. Now this central trial was forced upon
the State by the doctrine of pollution in the seventh century. The
trial of animals at the Prytaneum cannot therefore be explained by the
Bouphonic rite. The account of Pausanias is therefore misleading. We do
not assert that the trial of animals and of inanimate objects in local
courts was not as old as the Bouphonic rite.
Public-domain text, read in full here on John Shaqi.
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