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
Even in the time of Tacitus the arable land of
the Germans had not yet become private property.[27]
It is in this common control, or common ownership, of wergeld that we
may find the explanation of the absence of wergeld-payments for homicide
within the clan. Seebohm, speaking of the Welsh system, says[28]: ‘A
murder within this wider kindred was regarded as a family matter....
There was no blood-fine or _galanas_ within the kindred.’ We shall find
at least one illustration of this important principle in the _Iliad_
of Homer.[29] It is not a complete explanation of the principle to
assert, as Fustel de Coulanges would assert,[30] that the kin-slayer had
offended his domestic gods and that no payment could permit the continued
presence of the murderer at the ancestral hearth fire in which the life
of a kinsman had been violently submerged. In the phratry different
clans had a common worship, and the murderer who paid wergeld joined in
that worship. We agree with Coulanges that the attitude of the domestic
gods towards kin-slaying differed from that of the phratry-gods towards
ordinary homicide. But why? Because primitive man creates gods in his own
image and endows them with his own emotions. It is with man, not with
gods, that the ultimate explanation lies. The real explanation of the
principle is to be found, we think, in a tradition ultimately resting on
the common ownership of property.
Accepting this principle, we can understand more easily the punishment
of kin-murder in tribal society. There are only three alternative
penalties to wergeld: exile, bondage (or servitude) and death. It is
natural to assume, and it has been rightly maintained,[31] that death
was a loathsome penalty in days when relatives alone could avenge. It
was therefore rarely, if ever, exacted. Bondage or servitude also,
though sometimes found as a punishment for homicide,[32] would naturally
be avoided as a sequel to kin-murder. There remains only the option
of exile. Like Cain, the slayer of his brother, the kin-murderer must
wander over the wide earth.[33] Expelled from his clan, his home, his
property and his gods, he goes forth to slavery or to death in other
lands. As a French writer puts it, ‘Alone, he has arrayed against him the
universe.’[34]
Public-domain text, read in full here on John Shaqi.
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