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
Again, in this Homeric passage as it is usually interpreted, both
pleaders cannot have been right. Payment of wergeld was very different
from a modern transfer of cash. It involved a complete readjustment
of the whole property of two clans, so that hundreds of people were
aware of the transaction. If however we suppose that a portion of the
wergeld was unpaid, it will be possible to maintain that both parties
were _bona fide_ in their assertions. We will assume that Homer, whether
he is indulging his imagination or describing something which he had
actually seen on a shield, is giving us an account of a typical wergeld
dispute such as must commonly have taken place in Pelasgian life: we must
especially remember that the accused (whom we assume to be the murderer)
and the plaintiff are isolated members of large groups concerned in the
payment, though the accused would normally have to pay the greatest
individual share, and the plaintiff, if he was the nearest relative of
the slain, would receive a large share of the wergeld. Let us suppose,
then, that some of the wergeld had been paid, and that the part which had
not been paid was due, not from the murderer himself or his immediate
relatives,[67] but from some distant family of cousins who, unknown to
the defendant, had defaulted or were unable to pay. We can, on this
assumption, credit the defendant (that is, the murderer) with _bona
fides_. Or again, assuming still that the defendant is the murderer, if
we suppose that the disputed ‘instalment’ had been received, unknown to
the plaintiff, by a distant family of his wider kindred for whom he is
acting as the leading ‘avenger’ in negotiation—in a word, if we suppose
that both litigants are acting as representatives of large groups, we
can understand the contradiction in their statements which would be
less intelligible if they were speaking for themselves personally.
And have we not here a clue as to the constitution of the crowd which
attended at the trial? Homer distinctly says that the crowd ‘cheered
on both parties’[68]: and he adds: ‘taking part on either side’[69]:
so interested were they in the issue, that the heralds had to maintain
order.[70] This implies that there was a certain danger of rioting
amongst the crowd—of something like the ‘manifold fightings’[71] of the
Anglo-Saxons.
Public-domain text, read in full here on John Shaqi.
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