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
as his ‘redeemer’ can be induced to pay, but by the payment of such
valuables as have been determined by long tradition—his quota of the
wergeld of the clan.
PROOFS FROM THE TEXT OF HOMER
In our introductory chapter we pointed out the connexion which exists
between the homicide customs of a people or caste and their temperamental
outlook and social organisation; we have quoted Seebohm’s views as to
the essentially tribal character of the wergeld-exile-death system; and,
therefore, anyone who accepts Leaf’s hypothesis as to the nature of
the Achaean and Pelasgian social strata will be prepared to admit that
our hypothesis as to Pelasgian blood-vengeance is logically _a priori_
probable. In a later chapter we shall seek further confirmation of our
theory by explaining the difference in the religious beliefs of the
Achaeans and the Pelasgians, and by indicating their different attitudes
to the judicial aspect of homicide. We now proceed to the crucial test of
our opinions—the evidence of the Homeric poems.
In Homer the word ποινή occurs very frequently. Glotz[21] thinks the
word is connected with the verb τίνειν (to pay). He says: ‘De vrai,
ποινή doit être rapproché de τίνω et des mots apparentés, τίνυμι, τιμάω,
τίσις, τιμή.’ Others[22] however hold that it is connected with the root
_pu_, found in Greek πῦρ, and Latin _purus_, _punire_, _poena_. The word
ἄποινα seems akin in origin to ποινή, but in Homer it is invariably used
of a ransom or gift of valuables.[23] We do not think that Glotz[24] has
quite succeeded in his attempt to prove the evolution of the word ποινή
from an earlier meaning of ‘blood-vengeance’ to a later one of pecuniary
satisfaction, at least within the limits of the Homeric poems. His
reasoning is very similar to that known as ‘squaring one’s premises to
one’s conclusions’: he is not aware of any distinction between Achaeans
and Pelasgians, and he finds the Homeric use of ποινή rather difficult
to explain. He must have been aware of the fact—one which we consider
of great importance—that in Homer the word ποινή nearly always means
‘punishment’ or ‘revenge’ rather than ‘compensation’ or ‘ransom’: he is
certainly aware that, while ποινή can mean a pecuniary satisfaction for
a material wrong or injury, and can mean the ‘ransom’ of a captive or of
a warrior’s dead body, nevertheless there are only two instances in all
Homer in which ποινή can be formally interpreted to mean wergeld. Thus he
says,[25] ‘On songe aux deux passages de l’Iliade où il est formellement
parlé de composition pour homicide. Ce sont le discours d’Ajax à Achille
au chant ix et la scène judiciaire figurée sur le bouclier d’Achille au
chant xviii.’ It is by a close examination of these two passages that
we hope to solve the difficulty connected with the Homeric ποινή. But,
first, let us say that the word ποινή is precisely the kind of word which
may easily possess a general as well as a special significance. The ideas
Public-domain text, read in full here on John Shaqi.
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