Psyche: The Cult of Souls and Belief in Immortality among the GreeksRohde, Erwin
Religion
Psyche: The Cult of Souls and Belief in Immortality among the Greeks
Rohde, Erwin
Greece -- Religion
In later times the pursuit and punishment of homicide was organized
in accordance with quite different principles. The _State_
recognized its interest in the reprisals made for such a breach of
the peace: we may take it as certain that in Greek cities generally
the state took a share in the regular investigation and punishment
of murder in its courts of justice,[145\5] though here, too, it is
only in the case of Athenian law that we have precise information.
At Athens, in accordance with the ancient code dealing with the
legal prosecution of murder (which never fell into disuse after
Drakon had established it by his penal legislation), the exclusive
right--and the unavoidable duty--of prosecuting the murderer
belonged to the next of kin of the murdered man. (In special cases
only it was extended to include the more distant relatives, and even
the members of the _phratria_ to which he had belonged.) It is clear
that this duty of making an accusation which fell upon the next of
kin, preserves a relic of the ancient duty of the blood-feud which
has been transformed by the requirements of the public welfare. It
is the same narrow circle of relationship, extending to the third
generation, united by a strict religious bond, to which alone
belonged the right to inherit property and the duty of performing
the cult of the dead. This circle of relatives is here again called
upon to "succour" the unfortunate who has been violently done to
death.[146\5] The reason for this duty--a duty evidently derived
from the ancient blood-feud--is easy to understand: it, too, is a
department of the cult of the dead which was binding as a duty upon
exactly that circle of relatives. It was no mere abstract "right",
but a quite definite personal claim, made by the dead man himself,
that the surviving relatives were required to satisfy. At Athens
even in the fourth and fifth centuries the belief still survived in
undiminished vigour that the soul of one violently done to death,
until the wrong done to him was avenged upon the doer of it, would
wander about finding no rest,[147\5] full of rage at the violent
act, and wrathful, too, against the relatives {177} who should have
avenged him, if they did not fulfil their duty. He himself would
become an "avenging spirit"; and the force of his anger might be
felt throughout whole generations.[148\5] Implacable revenge is the
sacred duty of those--his representatives and executors--who are
specially called upon to fulfil the needs of the dead soul. The
state forbids them to take the law into their own hands; but it
commands them to seek redress at the tribunals of justice. It will
take over the duties of judge and executioner itself; but a decided
consideration will be shown to the relatives of the murdered man at
the hearing of the case. In duly conducted criminal procedure the
courts specially appointed for this purpose will decide whether the
deed is to be considered one of wilful murder, unintentional
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