The evolution of religion : $b An anthropological studyFarnell, Lewis Richard
Religion
The evolution of religion : $b An anthropological study
Farnell, Lewis Richard
Prayer; Religions; Rites and ceremonies
by the slaying of a citizen as by kindred murder: the State would feel
the supernatural peril of the act and would take cognisance.
The reasons for supposing that this was the actual order in the
Hellenic evolution of the homicide law may appear to rest on mere
legends, but legends are often direct and firsthand evidence of early
thought, and the stories about the slayers of kindred who were driven
out of the communities and who were the first applicants for the
ritual of purification, such as Ixion, Orestes, Theseus, accord well
with the early belief that the Erinyes were the ghostly avengers of
kindred slaughter. Then we find that in the Aithiopis, the poem of
Arctinos of Miletus, Achilles has to leave the army and retire to
Lesbos for {147} purification, although Thersites, whom he has slain,
is no real kinsman of his: whence we may draw the conclusion that the
State of Miletus, in the eighth century, had come to take cognisance
of the slaying of any citizen. And the Argives, in the fifth or fourth
century, offer atonement to Zeus Meilichios for a civic massacre, the
god who has a legendary association with purification for the shedding
of kindred blood. By the fifth century in Athens the religious feeling
concerning the sacredness of all life within the city had so deepened
that even the slaying of a slave caused a miasma and was a State
offence.[147.1]
Now when we examine certain details of Attic law, together with
certain expressions of sentiment concerning homicide in the classical
writers of Attica, we see the clear imprint of its origin. Accidental
homicide was as gravely regarded by the Athens of the fourth century
as by the old Hebrew code: such homicides must fly over the border,
but if they went by {148} a certain road, the State refused to allow
the avenger of blood to follow them: they must remain in exile until
they have won the forgiveness of one of the kinsmen of the
dead.[148.1] We may suppose that the kinsmen are regarded as taking
up the feud of the ghost, who is likely to be vindictive, even when
the slaying was accidental. Finally, when the pardoned homicide
returns he must go through elaborate purifications. These latter were
to wipe off the miasma, not to ease what we might call the burden of
conscience. And the community were obliged to expel temporarily even a
perfectly innocent man, because of their fear of the wrath of the
dead. This dread of the ghost is appealed to by an Attic orator as a
motive that should influence the judges to condemn the
prisoner.[148.2] The first legal preliminary in a case of murder,
which reveals clearly the religious origin of the State law, was the
solemn proclamation, made by one of the relatives holding {149} a
spear at the funeral, that the murderer should keep aloof from all the
holy and public places of the community.[149.1] And Antiphon strongly
expresses the popular sentiment that the unpunished murderer pollutes
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