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
Feudalism has thus exacted a new penalty which the
clan-regime did not exact.
On the other hand we find a diminution in the collective punishment which
tribal wergeld carried with it, in the law of King Edmund (A.D. 940-946)
which may thus be rendered in modern English[40]: ‘If anyone henceforth
slay any man, (I will) that he himself bear the feud unless with the aid
of his friends he compensate it with full wergeld within twelve months.
But if they will not pay, I will that all the kindred be free from the
feud except the murderer, provided they do not afterwards give him food
and protection.’ In such laws as these we catch a glimpse of a system of
blood-vengeance which once prevailed amongst tribal peoples, but which
soon became a mere echo, a phantom shadow of its former self, in the
march of mightier movements, in the onward course of civilisation.
We have wandered far afield in the search for definite details of
the wergeld system, as we shall look in vain for such details in the
ancient literature of Greece, though we can have no doubt that the
system prevailed in Greece for many centuries. It is true that in the
laws of Gortyn we find[41] a classification of money-payments which
were exacted for adultery and seduction at a period which no authority
regards as earlier than the seventh century B.C., and which is generally
believed[42] to be the sixth or fourth century B.C. These payments
varied according to the rank of the offender and of the injured party:
and also according to the particular circumstances of the offence.[43]
But at the time of the Gortyn laws, Crete had passed out of the stage
in which murder was materially compensated. Hence these laws contain no
reference to the wergeld system. We must therefore be content to apply
to the earliest societies of Greek lands the general principles of the
payment of wergeld which we find operative in other tribal countries. We
have in the text of Homer unmistakable evidence[44] for the payment of
some form of wergeld. The only question that arises is: was this payment
a mere sordid termination of a sanguinary feud, such as characterised
the Montenegrins up to recent years, or was it a genuine tribal wergeld?
Before attempting to answer this question, it will be necessary to
examine briefly the nature of the societies which existed in Homeric
Greece.
SECTION II
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