Poine: a study in ancient Greek blood-vengeance — John Shaqi
Poine: a study in ancient Greek blood-vengeanceTreston, Hubert Joseph
History
Poine: a study in ancient Greek blood-vengeance
Treston, Hubert Joseph
Criminal law (Greek law); Greece -- Civilization; Greek drama (Tragedy) -- History and criticism; Homicide (Greek law); Vendetta
To illustrate the operation of the ‘tribal wergeld’ system, we naturally
turn, in the first place, to the Germans of pre-Christian days.
Tacitus says[21] of them: ‘It is an indispensable duty to adopt the
private enmities of a father or a relative ... these, however, are not
irreconcilable and perpetual. Even homicide is atoned for by a fixed
number of cattle and sheep and the whole House accepts the satisfaction,
to the benefit of the civic group.’ Tacitus is obviously astonished at
this system of compensation for homicide. The Romans, like the Germans,
were familiar with the organisation of the clan, and of the tribe, but
Roman law, as far back as we can trace it, did not permit wergeld. In
Rome,[22] from 450 B.C. onwards, the expiation of the insult which the
homicide offered to the State and its gods had driven from view, and had
therefore probably abolished, the material compensation of the clan.
The chief detail of interest which Tacitus gives us is the collective
acceptance of satisfaction by a whole House or Family. From other
sources, which we shall presently discuss, we may infer that the House
in this instance was a very large unit, including not merely the closer
kindred which traced descent to a common living (or lately deceased)
ancestor, but that wider group of kinsmen which is called the clan.
We note also, in Tacitus’ account, a reference to a fixed number of
cattle and sheep. Who was it that fixed the number? Who was it that paid?
To answer these questions we shall cite some details of Welsh wergeld
payments which have been admirably collected and explained by Mr. F.
Seebohm.[23]
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