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
Before we apply this general conclusion to the solution of minor
difficulties presented by this Homeric passage, it may be desirable to
discuss briefly the view of Lipsius which has been already mentioned. He
maintains that the trial in question was a murder-trial—a decision of
homicidal guilt or innocence: he therefore holds that the two talents of
gold were the actual wergeld. He says[52]: ‘Upon him (of the claimants)
who, according to their (_i.e._ the judges’) opinion—at any rate in
the verdict of the majority—has given his opinion best, are bestowed
two talents of gold which have been laid down in front of them. They
(_i.e._ the talents) constitute, therefore, the objects of the dispute,
the amount of the blood-atonement which the accused deposits and is to
get back in case of victory,[53] but otherwise must transfer to the
plaintiff.’ This opinion has been attacked on many grounds, but chiefly
on the ground that the sum of two (Homeric) talents of gold is too
small to constitute a wergeld-payment.[54] But it does not follow that
the Achaean standard of values was necessarily that of their Pelasgian
subjects. Even though it is true that in Homer a goodly price is paid for
a freeman sold as a slave[55]; for a woman[56]; and for the ransom of the
kidnapped son of a king[57]; although a ‘ransom unspeakable’ (ἀπερείσι’
ἄποινα) is offered for a warrior’s life on the field of battle[58]; and
Lycaon, son of Priam, is kidnapped and sold as a slave for 100 oxen and
liberated by a ransom of 300 oxen[59]:—although ten talents of gold is an
insignificant portion of the ‘placation’ offered to Achilles,[60] and two
talents of gold is the reward paid by Aegisthus to his scout,[61] there
is nothing in all this to prove that, amongst the poor tribal tillers
of the soil, the sum of two talents of gold (which, though it was not
real money, was still a valuable commodity) may not have sufficed as
wergeld for a tribal race ruled over by strangers. The really insuperable
objections which we find to the view of Lipsius are the following: In
the first place tribal wergeld, even where it is comparatively small,
as it was in Ireland under the Brehon Laws, is generally a collection
of numerous valuables, whether cows or sheep or slaves. Even when money
is substituted, the coins are small in value but numerous[62] (_e.g._
200 solidi, 400 argentei). The reason for this lies in the diffused
nature of the responsibility for payment, quite a number of families
and individuals of the wider kindred being liable to contribution.
Secondly, there is no parallel, in analogous instances of wergeld, for
the assumption that the total amount was collected and deposited in court
at any time, much less before the validity of the murder-charge had been
established. In this case, the accused asserts (according to Lipsius’
translation) that he had paid the whole sum: but surely ἀποδοῦναι cannot
be taken to mean ‘that the accused had deposited in court the normal
Public-domain text, read in full here on John Shaqi.
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