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
We cannot agree with the general view that this scene must be expected
to contain a picture of intense public interest.[72] The parallel scene,
in the city at peace, is a wedding! The Shield-picture contains also a
reaping scene and a ploughing scene. Surely the artist was not so much at
pains to reveal subjects of public interest as to depict topics of common
occurrence. To us it seems obvious that one of the most frequent scenes
of tribal life was a wergeld dispute: and as this dispute concerned the
property of a large number of people, all such persons would be naturally
interested in the verdict. In all ancient codes prominence is given to
laws relating to theft, to inheritance, to marriage settlements and the
like, rather than to what we should now consider graver matters. The
reason is, that all ancient thought and religion centred around questions
of property. Hence we think it more than probable that the ‘folk’ of
the Homeric trial scene are not the general public but are rather the
wider kinsmen of the plaintiff and the defendant. It would be not only
natural but also right that they should have supported each one his own
side, just as they would do in the event of a clan feud. But the success
with which the heralds checked the passions of the people shows how very
different the ancient Pelasgians were from the barbarous races who only
accept wergeld under duress, and who hail with triumph the slightest
pretext for another feud. Glotz, who thinks of the Pelasgians as he would
of any barbarous primitive people, thinks therefore that in this scene
the crowd came together armed to the teeth! ‘Les hostilités, un instant
suspendues, menacent d’éclater à nouveau. Les deux ennemis qui déjà se
résignaient mal à une transaction, échangent des injures, en attendant
qu’ils se cherchent les armes à la main.’[73]
What now, we may ask, is the meaning of ἴστωρ in this passage? Homer says:
ἄμφω δ’ ἱέσθην ἐπὶ ἴστορι πεῖραρ ἑλέσθαι.
Leaf, in 1883, translated thus: ‘and each one was fain to obtain
consummation on the word of his witness.’ Later (1892 and 1902), when he
conceived that there were really two scenes described in the picture, he
regarded the ἴστωρ as an arbitrator: ‘each one relied on an arbitrator
to win the suit.’ We can only say that while the etymology and use of
the word ἴστωρ permit of both interpretations, the relation of the verse
to its context seems to us immeasurably in favour of the interpretation
‘witness.’ We may presume that the ‘witnesses’ were included in the
‘people’ and were brought forward to prove the actual transference
of property which had or had not taken place. They are, therefore,
similar to the ‘compurgators’ who figure so prominently in medieval
litigation.[74]
Public-domain text, read in full here on John Shaqi.
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