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
Since Homer, then, the poet of the Achaeans, has given us only two
incidental references to wergeld, we are not surprised that he has told
us nothing about the details of the system. We may indeed infer that the
amount payable was very large,[75] but Glotz reveals how little he is
himself acquainted with the system when he asserts[76] that the offender
only escaped death at the cost of ruin. ‘La ποινή,’ he says, ‘c’est
une large, parfois peut-être une totale dépossession de l’offenseur
au profit de la partie lésée. A la mort juste on n’échappe que par la
ruine.’ It is probable that the payment took the form of ‘women, cattle,
or horses.’[77] But in the absence of more definite evidence[78] we must
fall back on what we can learn from analogous instances. It is for that
reason that we have discussed at so much length the wergeld system in our
introductory chapter. We have no doubt that the wergeld revealed by Homer
was a genuine wergeld, and not a mere clumsy device for terminating the
feuds of savages exhausted by slaughter.
We must now search further, in the text of Homer, for anything he may
have to tell us of other alternative penalties existing amongst the
Pelasgian people. In this matter we cannot trust to the analysis of
Glotz, for he knows of no distinction between Achaeans and Pelasgians,
and hence his account is misleading.
We may say at once that we cannot find any genuine Pelasgian reference to
the death penalty as an alternative, in cases of homicide _outside the
clan_, though from other analogies and, indirectly, from Homer[79] we may
infer that the option was valid.
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