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
A third, and for our present purpose the most important, mode of
vengeance is that which we may describe as the ‘tribal wergeld’ mode.
It consists essentially of a compensation, in the form of goods or
valuables, which is paid by the relatives of the slayer to the relatives
of the slain. It differs from our first-mentioned mode of vengeance in
the fact that satisfaction is paid in ‘money,’ not in blood, and in the
fact that payment is fixed by custom or law and is not of an indefinite
duration. It differs from the second mode in this, that the ideal penalty
is not death, but compensation or exile, and that the punishment is
collective rather than personal. The system is found only in tribal
communities, where the life of the individual is subordinated to that
of the group, and where property is frequently possessed and enjoyed in
common. It is, of course, true that all tribal societies do not adopt
this system, whether because temperament and environment foster a
blood-lust that money cannot appease, or because a religious law has been
superimposed upon the clans, or because a feudal or highly centralised
government has become strong enough to resist the demands of the clansmen
for compensation. But, apart from these special circumstances, tribal
communities tend to adopt the ‘wergeld’ system of vengeance. We have the
most ample evidence[2] of its operation in pre-medieval Germany, and
Wales, and Ireland and Scotland, amongst the Anglo-Saxons, the Franks,
the Wisigoths and the Vikings. We can see in ancient Israel an instance
of a land which has evolved beyond the wergeld stage. There came a
time when a theocratic legislator was sufficiently powerful to attack
the privileges of the clans, and to cry out, as with a divine voice,
‘Ye shall not take satisfaction for the life of a man that is guilty
of blood.’[3] We hope to make it clear that it was this system which
prevailed amongst the earliest inhabitants of Greek lands, who may, for
convenience, be described as Pelasgians. Owing to the great number of the
individuals who were liable to make or to receive compensation, and also
because of the social organisation of the tribes, we are not surprised
to find that a regular tribunal was frequently appealed to, and that a
trial, concerned more often with the question of payment than with the
question of guilt, was one of the most common events of interest in the
life of Pelasgian tribesmen. No wonder is it then that the poet Homer
gives a description of such a scene[4] and tells us that Hephaestus
had engraved it on the famous Shield of Achilles. This is the earliest
reference to a trial of any kind in all European literature.
Public-domain text, read in full here on John Shaqi.
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