Shall he in Argos dwell—his father’s home?
What phratry-altar can him e’er receive?
What common lustral water can he share?’
Hence, also, as Glotz points out,[109] the preliminary plea on oath of the accuser and the accused, in homicide cases, was taken before the altar of the Erinnyes or the Semnai Theai; and the defendant who was acquitted of murder by the Areopagus, as well as the returned exile who had paid the penalty of involuntary homicide, offered sacrifice there.
The Ritual of Homicide-Purgation
In regard to the ceremonial of purgation by which the slayer, in certain circumstances, was ‘cleansed’ or purified, we have already[110] pointed out what we consider to have been the origin of the rite; and we have shown how the analogies which existed between such a ceremonial and the general Chthonian sacrifices of ‘expiation,’ ‘placation,’ and ‘aversion’ caused these rites to be confused with one another in the minds of ancient and of modern writers. The ceremonial of homicide-purgation appears at first sight so simple and elementary in character that we would be inclined to assume a priori that it could have been duly performed by any ordinary person. But, in fact, we shall see, the performance became the privilege of priests or theocratic nobles. An animal, generally a pig,[111] but sometimes a calf or a lamb,[112] was bled to death and the warm flowing blood was poured over the hands of the slayer, passing away into the sea or into a running stream. The dead animal was then thrown into the water, or was buried, but it could not be eaten.
We may compare the Chthonian ceremony of swearing, in which the slain animal was conceived as at once symbolising and magically inducing a similar fate in case of perjury. The Roman formula is well known. Livy tells[113] how a certain M. Valerius, one of the Fetiales, or Roman priests, swore on behalf of the Roman State, to the Almighty Juppiter, in a treaty with ancient Alba. ‘Audi, Iuppiter: audi, pater patrate populi Albani: audi tu, populus Albanus ... si prior defexit publico consilio, dolo malo, tu illo die, Iuppiter, populum Romanum sic ferito ut ego hunc porcum hic hodie feriam: tantoque magis ferito quanto magis potes pollesque.’ Now, all such ceremonies, simple as they may appear, were hedged round with the most minute regulations as to formulae and procedure, and were thus removed from the competence of ordinary individuals.
Moreover, each locality developed differences of usage which, however slight, could never be ignored. Herodotus,[114] speaking of homicide purgation, implies that all Greeks used the same rites. But that there were minor local variations may be inferred, perhaps, from a peculiar ceremony in the Oedipus Coloneus of Sophocles. Oedipus, having gone as an exile from Thebes to Attica because he had slain his father, is told[115] that he cannot hold converse with the Athenians while he is still uncleansed. The ban is removed when he is admitted to ‘purgation,’ but for the due performance of the rite he is entirely dependent on local direction. We shall give the relevant dialogue between Oedipus and the Chorus[116]:
Oed. Kind sir,