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
We shall see, later,[159] when we analyse the laws of Plato’s
homicide-code and of the ancient Hebrew code that the distinction between
voluntary and involuntary slaying was much more likely to have arisen in
the tribal customs of village-communities accustomed to the most minute
differentiations in their wergeld system than in systems emanating from
centralised political or religious authority. The Homeric poems give
us, it is true, no reliable evidence which would help us to arrive at a
definite decision on the existence of such a distinction in early Greece,
but from the passages we have cited we may at least extract a suggestion
that the distinction was really appreciated, and we have suggested a
source from which that sentiment may very easily have sprung.
JUSTIFIABLE AND UNJUSTIFIABLE HOMICIDE
We come now to a kindred problem, namely, the question whether the
Pelasgians[160] were aware of a difference between justifiable and
non-justifiable slaying? Most writers will admit that there was no
vengeance set in motion by death on the field of battle. It was a
recognised challenge of strength, an ἄγων, the issue of which was
accepted as the will of the gods. But in local blood-vengeance, arising,
let us suppose, out of failure to pay wergeld, or when the murderer’s
clan defended him at home or did not expel him and feud followed, was
there no distinction between murder and just revenge? Glotz, as we
should expect, holds that there was no distinction between murder and
revenge.[161] ‘Coupable ou non coupable, il est responsable. Qui a versé
du sang doit du sang.’ It is thus, certainly, with modern Montenegrins,
Albanians and others. But are the creators of Mycenaean civilisation to
be compared with these? Glotz conceives the blood-vengeance of early
Greece to be what we have called unrestricted vendetta, but this mode
of vengeance is not usually associated with settled tribal communities
who are otherwise known to accept wergeld, and we maintain that the
Pelasgians had reached this stage at the dawn of Greek history. Glotz
bases his view for the most part[162] on those numerous ‘flights’ of
murderers which Homer records. Now, these references concern murderers,
not avengers of murder; and there is no instance, in Homer, of an avenger
of blood becoming in turn the object of vengeance. The non-Homeric
instances cited by Glotz,[163] such as the trial of Ares for the murder
of Halirrhothius, who had dishonoured his daughter; the flight of Hyettos
from Argos to Orchomenus, after slaying Molouros, who was caught in
adultery with his wife, are derived from Pausanias, Apollodorus, or
Euripides, and are therefore irrelevant for the interpretation of the
Homeric age.
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