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
bloody dart. That was a wrong past compensation.... Any way and every way
it was inevitable that the Etheling must quit life unavenged.’ In this
case, of course, there could be no question of wergeld.
In the ‘Canones Wallici’[143] (Celtic laws of the period A.D. 700-800),
which are based on the tribal wergeld system as adopted by the Church, we
find this clause: ‘Si quis homicidium ex intentione commiserit, ancillas
III et servos III reddat.’ This implies a different penalty when murder
was not _ex intentione_.
The Brehon laws[144] contain minute distinctions of payment in different
cases of wounding. If a bishop’s blood was shed in certain quantities,
the guilty person had to be hanged or to pay seven _cumhals_ (slaves)—or
their equivalent in silver and gold: if a less quantity of blood was
shed, the aggressor was condemned to lose his hand. If the blood of a
priest was shed in certain quantities, the criminal’s hand was cut off
or seven _ancillae_ paid, if the act was intentional; if it was not
intentional, one _ancilla_ sufficed for compensation. It is clear then
that this distinction is not always absent even in a wergeld system where
the crime of bloodshed is particularly objective. We have seen[145]
that wergeld often carried with it an ‘honour-price,’ an atonement
for the insult, which was caused by homicide. This price, it seems to
us, could easily admit of a modification of the penalty. Moreover, it
is possible that wergeld is not always to be regarded as a measure of
the loss sustained by a clan, but as also to some extent a ransom of
the prisoner’s life. ‘Partout,’ says Glotz,[146] ‘la composition varie
selon le rang de la victime: et selon le rang du coupable: elle est à la
fois la rançon du meurtrier et le prix du sang versé.’ For the Germans,
according to Coulanges,[147] ‘la composition est un rachat, non pas
rachat de la victime mais rachat de la vie du coupable.’[148] Is it not
natural to suppose that a system of compensation for homicide which
contains such minute differentiations would leave the road open for a
discrimination as to degrees of guilt?
It is time to ask whether Homer has anything to say of this distinction.
We will admit that he says nothing which is directly relevant to the
question. But we will examine two passages with a view to showing that
the distinction was known outside the Achaean caste.
Public-domain text, read in full here on John Shaqi.
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