Here we recognize once more the characteristic attribute of the
Grecian heroic age,—the omnipotence of private force, tempered and
guided by family sympathies, and the practical nullity of that
collective sovereign afterwards called _The City_,—who in historical
Greece becomes the central and paramount source of obligation, but
who appears yet only in the background, as a germ of promise for the
future. And the manner in which, in the case of homicide, that germ
was developed into a powerful reality, presents an interesting field
of comparison with other nations.
For the practice, here designated, of leaving the party guilty of
homicide to compromise by valuable payment with the relatives of
the deceased, and also of allowing to the latter a free choice
whether they would accept such compromise or enforce their right of
personal revenge,—has been remarked in many rude communities, but
is particularly memorable among the early German tribes.[157] Among
the many separate Teutonic establishments which rose upon the ruins
of the Western Empire of Rome, the right as well as duty of private
revenge, for personal injury or insult offered to any member of a
family,—and the endeavor to avert its effects by means of a pecuniary
composition levied upon the offender, chiefly as satisfaction to the
party injured, but partly also as perquisite to the king,—was adopted
as the basis of their legislation. This fundamental idea was worked
out in elaborate detail as to the valuation of the injury inflicted,
wherein one main circumstance was the rank, condition, and power
of the sufferer. The object of the legislator was to preserve the
society from standing feuds, but at the same time to accord such
full satisfaction as would induce the injured person to waive his
acknowledged right of personal revenge,—the full luxury of which, as
it presented itself to the mind of an Homeric Greek, may be read in
more than one passage of the Iliad.[158] The German codes begin by
trying to bring about the acceptance of a fixed pecuniary composition
as a constant voluntary custom, and proceed ultimately to enforce it
as a peremptory necessity: the idea of society is at first altogether
subordinate, and its influence passes only by slow degrees from
amicable arbitration into imperative control.
[157] “Suscipere tam inimicitias, seu patris, seu propinqui, quam
amicitias, necesse est. Nec implacabiles durant: luitur enim
etiam homicidium certo pecorum armentorumque numero, recipitque
satisfactionem universa domus.” (Tacit. German. 21.) Niebuhr,
Beschreibung von Arabien, p. 32.
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