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
tells us[77] that here ‘no one has a fixed portion of land, his own
peculiar property, but the magistrates and chiefs allot every year to
_tribes and clans_ as much land as, and in whatever place, they think
proper, and they oblige them to remove the succeeding year.’ Tacitus,
however, says[78] that ‘the lands are occupied by villages, in groups, in
allotments proportioned to the number of cultivators, and are presently
parcelled out among _individuals_ according to rank and condition: the
arable lands are annually changed.’
Such a theory of evolution in landed property within the tribe may,
however, be complicated by the coexistence, in the same district, of
tribal groups and of a dominant ‘feudal’ caste. Maine points out,[79]
in reference to Russian village-communities, that ‘these villages are
always in theory the patrimony of some noble proprietor, and the peasants
have within historical times been converted into the predial and, to a
great extent, into the personal serfs, of the seignior. But the pressure
of this superior ownership has never crushed the ancient organisation
of the village.’ Now if we adopt the hypothesis of two distinct strata
in the Homeric society, namely, of a dominant quasi-feudal Achaean
caste, and of a tribal Pelasgian subject-folk, we shall be justified
in assuming that some such ‘superior ownership’ coexisted with tribal
ownership in the world of the Homeric poems. We shall expect to find
a predominance of private ownership on the one hand, and a trace or
‘reminiscence’ of communal ownership on the other, in the verses of a
poet who reflected in the main the atmosphere of the Achaean lords, but
also, incidentally and fortuitously, that of the subject people. We
must, then, consult the text of Homer if we hope to decide whether the
Achaeans were quasi-feudal adventurers who ruled over the Pelasgians,
without disturbing or destroying their normal tribal life: or whether
the Achaeans, themselves a tribal nomadic people, adopted, by a social
fusion, the tribal ownership which existed amongst their subjects, the
chiefs alone possessing ‘private land,’ the others, common land. As the
Homeric references to land-tenure are rare and obscure, it is obvious
that the solution of the problem of Homeric land-ownership depends
entirely on the answer to this wider and more important question.
Public-domain text, read in full here on John Shaqi.
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