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
that the Attic tribe-kings still functioned as judges in inter-tribal
disputes, in historical Athens. It is quite possible that, in early
times, there was no right of appeal outside the tribal court for members
of the same tribe. There is a law[18] of an Anglo-Saxon king of tribal
England which decrees: ‘Let no man apply to the king unless he may not be
entitled to justice within his “hundred.”’
The judicial system of the Homeric epoch is complicated by the presence
of the quasi-feudal Achaeans, who sometimes hear appeals in cases of
‘petty family disputes’ among the natives, but who, amongst themselves,
obeyed the short and swift decrees of military courts or councils of war.
We have said[19] that there is a suggestion of Achaean arbitration in
the Euripidean legend in which Hecuba appeals to Agamemnon to justify,
after the event, her punishment of Polymestor, the slayer of her son.[20]
Assuming the view of Leaf[21] that the Achaeans did not interfere with
the ‘group-system’ of the Pelasgians, we may for the moment ignore the
presence of the Achaeans, though it is the predominance of that caste in
Homer which has misled modern scholars in their opinions of the early
Greek judicial system. We shall now examine some interesting survivals
of clan-courts in the days of Plato and Demosthenes, so that we may
realise more clearly the nature and the functions of the local courts of
the ‘group system,’ courts which Homer almost ignores, which he would,
perhaps, have entirely omitted to mention, if the Pelasgian craftsmen who
fashioned the ‘Shield of Achilles’ had not engraved upon the Shield a
picture of a Pelasgian Court of Elders, which was a familiar event in the
everyday life of the cities and tribes of the subject-race.
HISTORICAL SURVIVALS OF CLAN COURTS
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