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
It is also doubtful if we can detect any genuine instances of slavery
as a penalty for homicide. Glotz calls attention[80] to a very curious
custom which is found among some primitive peoples, the custom of
compelling a murderer to have himself ‘adopted’ by the ‘family’ of the
victim. The murderer takes the place of the dead man! Among the Ossetes
‘a mother does not hesitate to recognise as her son the man who has
deprived her of her son’—but this adoption does not give him a right to
succeed to property. Glotz[81] thinks it more than probable that the same
custom prevailed in the Homeric epoch, for he regards wergeld as a kind
of debt, and slavery was a universal solvent of debt down to the time of
Solon, by whom it was still permitted in the case of a daughter who was
guilty of misconduct (_prise en faute_).[82] The offer of a daughter in
marriage by Agamemnon to Achilles, in an age when men bought women as
venal chattels, Glotz regards as a species of wergeld (ποινή).[83] He
quotes[84] Apollodorus[85] for the eight years ‘captivity’ of Cadmus with
Ares whose son (the dragon) he had murdered—after which Ares gave him his
daughter in marriage.[86] For having massacred the Cyclopes,[87] Apollo
became a shepherd in the service of Admetus.[88] Heracles, having slain
Iphitus, serves Omphale for three years.[89] The only Homeric reference
which Glotz mentions is a passage[90] which describes the year’s service
of Apollo and Poseidon with Laomedon for a sum of money, at the command
of Zeus: they built the walls of Troy, but Laomedon refused to pay their
wages. As there is here no question of murder, we may say that there
is nothing relevant about this Homeric passage.[91] Nor can we attach
any weight to legends presented by Apollodorus, for, as we shall see,
the abolition of wergeld in the seventh century B.C. made exile the
inevitable penalty for murder and left the murderer no property to take
away with him, and therefore he had little option but to accept menial
service with a stranger.
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