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
Current views explained and criticised: author’s view:
proofs from the text of Homer: question of a distinction
between murder and manslaughter, and between justifiable and
unjustifiable homicide: collectivity in vengeance.
The opinions which have hitherto prevailed among scholars in regard to
early Greek blood-vengeance are more or less unanimous. They seem to be
based on an assumption of homogeneity in the society depicted by Homer.
Expressed in terms of the modes of vengeance which we have described
in the preceding chapter, the customs of Homeric Greeks in regard to
homicide have been conceived as a confusion of modes I, II, and III—as
a mixture of restricted and unrestricted vendetta and wergeld. Thus,
Eichhoff[1] holds that in Homer murder is a ‘private’ affair, and that
the slayer must go into exile if the ‘money’ paid to the injured family
is not accepted. Bury[2] says: ‘According to early custom which we find
reflected in Homer, murder and manslaughter were not regarded as crimes
against the State, but concerned exclusively the family of the slain man,
which might either slay the slayer or accept compensation.’ Grote[3]
says: ‘That which the murderer in Homeric times had to dread was not
public prosecution and punishment, but the personal vengeance of the
kinsmen and friends of deceased. To escape from this danger he is obliged
to flee the country, unless he can prevail upon the incensed kinsmen to
accept of a valuable payment as satisfaction for their slain comrade.’
Jevons[4] says: ‘If the family of the murderer were not content to pay
the wergeld, the murderer generally found it expedient to flee into a far
country, for, if he remained he would assuredly be killed in revenge.’ In
a foot-note in Butcher and Lang’s translation of the _Odyssey_,[5] we
are told that ‘as a rule blood called for blood, and the manslayer had
to flee from the kindred who took up the feud.... It is superfluous to
remark that the “price” as an alternative to vengeance is a widespread
custom.’ Glotz[6] speaks of death, exile, wergeld, and slavery as
possible penalties everywhere. He seems to believe that there existed
in Homeric times that collective and hereditary vengeance which is so
characteristic of barbarous peoples, but for this view he has adduced no
evidence apart from post-Homeric legends. In an article in Daremberg and
Saglio’s _Dictionnaire des Antiquités Grecques et Romaines_,[7] we are
informed that ‘originally’ homicide is an offence only against the family
of the victim, and all the members of the ‘famille outragée’ have a right
and a duty of vengeance. To escape this vengeance the murderer has no
other resource but exile. His exile will exempt his kinsmen from the
reprisals to which they would otherwise be exposed.[8] As the murderer
will be most often supported and defended by his family, a war of
families will lay desolate a whole country: in course of time, and with
Public-domain text, read in full here on John Shaqi.
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