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
We have pointed out that in Homeric Greece there were, so to speak, two
different religions, which reflected, in their main features, the social
caste-differences of the Achaeans and the Pelasgians. It has been rightly
said that primitive man creates his gods in his own likeness, and in the
absence of any definite Homeric references to the religious aspect of
homicide we must assume that the two religions of Homeric Greece adopted,
towards homicide, the attitudes of the two corresponding social strata.
Amongst the Achaeans, we have seen, homicide was a deed which concerned
only the slayer and the nearest blood-relations of the victim; there
was no co-operation of large groups, no trial, no civic interest in the
execution of vengeance: it was entirely a matter for ‘private settlement’
between the relatives of the slain and the individual slayer. And this
‘settlement’ was not a payment in money or in kind: it was a payment in
blood, and in blood alone. The Achaeans, as a caste, had no interest
in such ‘crimes’: on the whole, they regarded bloodshed as a local
misfortune, which should not be aggravated by an extension of the dispute
to wider areas, and therefore they frequently adopted and protected
murder-exiles. We are not then surprised to find that in Homer the
Olympian gods of the Achaean caste manifest no anger against a murderer.
In the Pelasgian tribal religion we may assume that the position of the
homicide was somewhat different. It required the payment of wergeld
to purchase back the friendship of tribal gods. But we have seen[75]
that for slaying within the kindred no payment of wergeld could be
offered or accepted; and we have said[76] that the penalty of slavery
or bondage was probably inapplicable and that therefore exile was the
normal punishment for bloodshed within the clan. It follows that the
murdered man whose body was interred in the family tomb would never have
come in contact, through worship, with his kinsman who had slain him.
And in this sense we may accept the dictum of Coulanges[77] that ‘the
hand stained with blood could not touch sacred objects: the shedder of
blood could not sacrifice.’ Hence it is perhaps significant that, in
Homer, Tlepolemus who, when he had slain his maternal uncle, went into
exile to Rhodes, is said to have been ‘loved by Zeus,’[78] for by exile
he had atoned for his offence. In ordinary cases of homicide, however,
between members of different clans, we must suppose that the gods of the
phratry, of the tribe, and of the city became reconciled to the slayer
if the relatives of the slain received the customary wergeld. If then
Miss Harrison says[79] that ‘so long as primitive man retains the custom
of the blood-feud, so long will he credit his dead kinsmen with passions
like his own,’ she is compelled, by her own reasoning, to admit that the
‘ghosts’ of murdered men, in the tribal wergeld system, did not revolt at
the presence of a murderer, unless he were a kinsman.[80]
Public-domain text, read in full here on John Shaqi.
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