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 may be urged that slavery was accepted as an expiation of
_manslaughter_ within the kindred on the ground that wergeld was
impossible, that death was too dreadful, and that perpetual exile or
outlawry was too severe a punishment. It is obvious, from the very nature
of the case, that wergeld cannot apply to bloodshed within the clan
or the wider kindred. Seebohm has found no instance of such a penalty
amongst the tribes whose customs he has investigated. He points out that
‘if it (_i.e._ _the murder_) was of someone within the kindred, there was
no slaying of the murderer. Under Cymric custom there was no _galanas_
(_i.e._ wergeld), nothing but execration and ignominious exile.’[97]...
‘There is no feud within the kindred when one kinsman slays another.
Accidental homicide does not seem to be followed even by exile. But
murder breaks the tribal tie, and is followed by outlawry.’[98] ‘Tribal
custom everywhere left the worst crime of all—murder of a parent or
kinsman—without redress, ... unavenged.’[99] Glotz, also, holds that
there was no drastic punishment for bloodshed within the clan: ‘Rien
qu’un parent fait contre un parent n’est susceptible de châtiment.’[100]
But the graver crimes against one’s kindred are penalised, he says, by
exile:—‘La peine la plus grave qui soit ordinairement infligée ...
c’est l’expulsion de la famille.’[101] We believe that in all clans
which worshipped ancestors kin-slaying was usually punished by exile,
perpetual or temporary. In a later chapter, when we come to discuss the
survival of primitive clan-customs in historical Attica, the grounds for
this belief will become apparent. At present we will merely say, with
Fustel de Coulanges,[102] that kinsmen would not encourage the presence
of a kin-slayer as a slave in daily intercourse with his clan, nor would
they easily permit him to take part, at least for a time, in the worship
of the family hearth—of the clan ‘fire’ which he by his act had to some
extent extinguished.[103] We prefer to see him, as Glotz[104] describes
it, stripped naked, and escorted to the clan boundaries, beaten and
insulted, declared an outlaw for years or for ever for treason to his
blood. Later, we shall see[105] that when Athenian State-magistrates are
charged with the execution of the sentence of death, the kin-slayer may
no longer escape, and his clan will refuse to have his corpse ‘gathered
to his fathers.’ It was thus that the King of the Wisigoths commanded the
judge to punish with death the kin-slayer who in the system of ‘private
vengeance’ saved his life by becoming an outlaw from his clan.[106]
Public-domain text, read in full here on John Shaqi.
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