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 have indicated the confusion of ideas which characterises the
traditional views regarding Homeric homicide,[2] a confusion which is
to be attributed to the failure of writers to discriminate between the
Achaeans and the Pelasgians, between the individualistic quasi-feudal
militarism of a dominant caste and the complex tribal organisations of
a settled agricultural subject-people. We have suggested, as the most
probable hypothesis, that the Pelasgian penalty for homicide was normally
and essentially wergeld, except in cases of kin-slaying, for which the
penalty was exile: we have argued that, within the Pelasgian tribe, or
phratry, or village community, exile from his clan or phratry or State
was accepted for the slayer as a complete or partial substitute for his
wergeld debt: and that if the murderer in default of wergeld remained in
his native place beyond a certain time, he could be killed with impunity,
having been previously warned or threatened; we have said that bondage
or servitude might be accepted in case of failure to pay the prescribed
wergeld quota—whether on the part of the murderer himself or on the part
of delinquent relatives—a bondage which was not necessarily perpetual,
but was rather a temporary punishment proportioned to the ‘debt.’ The
Achaean system, we have suggested,[3] was fundamentally different: it was
a restricted ‘small family’ vendetta, in which blood for blood was the
normal retribution, wergeld was unknown, and exile was merely a flight
from death.
Public-domain text, read in full here on John Shaqi.
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