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
wergeld.’ How could the accused assert that he had paid it, how could
the plaintiff deny that he had received it—if the actual wergeld were
deposited in court before their very eyes? Thirdly, to say that the two
talents would be given to the most convincing pleader is a very strange
way of describing a judgment of guilty or not guilty on a charge of
homicide. Thus the text of Homer refutes the theory of Lipsius. Maine[63]
indicates the real function of the two talents in this court by showing
that they served the same purpose as the _sacramentum_ or court-fee of
Roman law.
Assuming then that the court here described by Homer was a group of
Pelasgian tribal chiefs or elders who could regularly be appealed to in
such disputes, and who would also perform the functions of a murder-court
if any person accused of homicide appealed to them to establish his
innocence, we shall conclude our discussion by clearing up some minor
points of difficulty.
We cannot concur with Glotz[64] in the opinion that the result of
the verdict is a matter of life or death for the murderer. He says
‘Il peut y avoir un jugement de condamnation entraînant l’esclavage
ou la mort.’[64] But quick justice is not a characteristic of the
wergeld-exile-slavery-death system. We have seen how[65] among the Welsh
tribes wergeld was paid in fortnightly instalments: and we may suppose
that failure to pay any one instalment would have been a common subject
for litigation. In the laws of King Edmund of England (A.D. 940-946)
a period of twelve months[66] was allowed for payment of wergeld—‘to
prevent manifold fightings.’ In the laws of Henry I. the period was fixed
by ‘Sapientes.’
Public-domain text, read in full here on John Shaqi.
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