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
Our theory is as follows: there existed in Greece at the period of the
Achaean domination (1300-1100 B.C.) two fundamentally distinct social
strata, each having a distinct characteristic attitude to homicide, and
observing distinct modes of blood-vengeance. The two modes coexisted
side by side without affecting or modifying each other, but their
coexistence produced a slight confusion of thought and an absence of
clear discrimination in language in the Homeric poet (or poets) who were
in contact with the two social strata, and who were familiar with the two
modes of vengeance, but who almost ignored the one and exalted the other,
out of courtesy to the masters whose praises they sang. These two modes
of vengeance, which we will call respectively Achaean and Pelasgian,
may be thus described: (1) Amongst the Achaeans the normal penalty for
homicide is death. Their system is private vendetta, of a restricted
character, such as we have already described in our introductory chapter.
The vengeance is quite personal and individual, that is, the murderer
alone is liable to the blood feud, which is therefore neither collective
nor hereditary. Vengeance is a duty which devolves upon the dead man’s
sons or brothers, but we may include the possibility of support from
a kindred of limited extent[19]: a kindred which may be an embryonic
clan, but whose attitude to homicide is quite different from that which
normally characterises a clan. Wergeld is not accepted, even though it is
known to exist outside the caste: exile is not a recognised appeasement
or atonement, but is merely a flight from death, and the Achaean murderer
frequently takes refuge with a king or a wealthy man. We shall describe
this Achaean system more fully in a later chapter. (2) The Pelasgian mode
will be found to be that which we have described in the Introduction
as the ‘tribal wergeld’ mode, though it may have evolved from a more
barbarous mode before 1300 B.C. In this system there are three or
four recognised alternative penalties: (1) ‘wergeld,’ which is the
normal measure of vengeance or retribution, and which is so frequently
associated with tribalism; (2) exile, which involves a formal and solemn
expulsion from the ‘group,’ a serious penalty for anyone born and bred in
the atmosphere of tribal life and religion; (3) death, which is rarely
inflicted, but is a possible alternative if neither ‘wergeld’ nor exile
is accepted by the murderer or his clan; (4) we may add, with Glotz,[20]
though there is no definite Homeric evidence for its existence, the
option of slavery or servitude. This is not the slavery which is found in
later times in Home and in Greece, when there was a regular slave trade,
nor is it the temporary ‘slavery’ which is involved in being ‘kidnapped’
and held to ransom—a frequent occurrence in Homer; it is, however, akin
to this latter condition, inasmuch as it involves a state of bondage,
from which a murderer can be redeemed, not by the payment of such a price
Public-domain text, read in full here on John Shaqi.
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