On The Structure of Greek Tribal Society: An EssaySeebohm, Hugh E. (Hugh Exton)
History
On The Structure of Greek Tribal Society: An Essay
Seebohm, Hugh E. (Hugh Exton)
Greece -- History; Greece -- Law -- Antiquities; Greece -- Social life and customs; Land tenure -- Greece; Tribes
If a child was not introduced to the phratores, it was considered
illegitimate,(107) and could have no share in the rites of kindred and
property.(108)
§ 5. The Liability For Bloodshed.
(M51) A notable feature of the tribal system all over the world was the
_blood-feud_, wiped out only by the death of the manslayer or by the
payment of a sufficient recompense. The incidence of the responsibility
for murder and for payment of the recompense upon a group instead of only
on the guilty individual was of remarkable tenacity, and survived to
comparatively late days.
In Arabia the whole tribe of the murderer subscribed to the blood-money,
which went to all the males in the tribe of the murdered man.(109)
But in Greece the responsibility fell upon the next of kin, with the help
and under the supervision of the rest of the immediate kindred. He had to
see that a spear was carried in front of the funeral of the slain man and
planted in his grave, which must be watched for three days.(110) He must
make proclamation of the foul deed at the tomb, and must undergo
purificatory rites, himself and his whole house (οἰκία). If the dead body
be found in the country and no cause of death known, the demarch must
compel the relatives to bury the corpse and to purify the deme on the same
day.(111)
The subject is a familiar one in Homer. The wanderer (μετανάστης) is said
to have no value (he is ἀτίμητος), no fine is exacted for his death.
_Il._ xiv. 483. “That my brother’s price (κασιγνήτοιο ποινή) be
not unpaid: even for this it is that a man may well pray to have
some kinsman in his halls (γνωτὸν ἐνὶ μεγάροισιν) to avenge
(ἀλκτήρ) his fall.”
_Il._ ix. 634. “Yet doth a man accept recompense of his brother’s
murderer: or for his dead son: and so the manslayer for a great
price abideth in his own land (ἐν δήμῳ) and the other’s heart is
appeased and his proud soul, when he hath taken the
recompense.”(112)
(M52) There are many men told of in the _Iliad_ and _Odyssey_ who were in
the position of refugees at the court of some chief. As many of them were
wealthy—chiefs’ sons or even chiefs—and well able to pay large
recompenses, it seems probable that (as is definitely stated in some
instances), if the murder was committed on a member of the same family or
tribe as the murderer, the only way to wipe out the stain was by death or
perpetual exile, as in the case of the typical fratricide Cain. The
blood-price was then only between tribe and tribe or city and city. Within
the kindred there would be no ransom allowed.(113)
Medon had slain the brother of his step-mother and was a fugitive from his
country.(114)
Epeigeus _ruled_ (ἤνασσε) fairest Boudeion of old, but having slain a good
man of his kin (ανεψιόν), to Peleus fled, a suppliant.(115)
Tlepolemos slew his own father’s maternal uncle, gathered much folk
together and fled across the sea, because the other sons and grandsons of
his father threatened him.(116)
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