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
For the Pelasgian penalty of exile as an alternative to wergeld for
homicide _outside the kindred_, the most relevant, though indirect,
Homeric reference is a passage in the _Iliad_[115] which we have
already discussed, in which we hear of a man-slayer who abides among
his people when he has paid a goodly wergeld. We have already argued
that this passage refers to the tribal customs of the Pelasgians, and
that the Achaean Ajax, who uses the words, is borrowing, for rhetorical
purposes, a sentiment which did not characterise the Achaean attitude
to homicide.[116] We may now point out furthermore that the vagueness
of the description of the wergeld payment, both in this passage and in
that which relates to the Shield of Achilles, suggests, if it does not
prove, that the description proceeds from Achaeans who were not familiar
with the details of the system, but had merely become acquainted with
its outstanding principles. When Homer says ‘a man has been known to
accept a blood-price for the death of a brother or a son,’ the statement
is only a vague description, as anyone who is familiar with real wergeld
will admit. We have seen that a large number of people participated
both in the payment and in the satisfaction. Whether Homer can be taken
to mean that exile would have absolved the murderer’s kindred from all
payment, as it did in the laws of King Edmund of England,[117] or whether
it merely acquitted the murderer of his share of the debt,[118] are
questions which, owing to the vagueness of our Homeric references, cannot
here be decided.
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