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
The first instance of ‘survival’ which we shall cite is mentioned by
Glotz,[22] and in justice to him we must point out that we differ from
him, not in regard to the question of the existence of clan-courts, but
in regard to the nature of their judicial functions in the matter of
homicide. Glotz is not aware of the distinction between the Pelasgians
and the Achaeans, or of the importance of the group system in the
Pelasgian civilisation. He admits that there existed within the clan
a regular tribunal, composed of heads of families, who consulted and
decreed, with absolute authority, on all matters affecting property, such
as adoption, inheritance, expulsion, and marriage. He quotes Plato[23]
for a procedure which, he presumes, was a general characteristic of the
clans. We have seen that homicide, in default of wergeld, was commonly
punished by exile or banishment. The following is Plato’s description
of an expulsion from the clan: ‘For him upon whom there has come a
desire, by no means fortunate, whether just or not, to release from
relationship to himself one whom he has begotten and brought up, let
it not be lawful to do this upon slight grounds or without delay; let
him first bring together his own relations as far as his cousins, and
also those of his son on the mother’s side, and let him accuse his son
before them and prove that he deserves completely to be expelled from
the family—and let him allow his son to prove equally that he does not
deserve to suffer anything of the kind; and if the father can persuade
and secure the votes of more than half all the relations (father, mother,
son, and minors not voting),[24] then let it be lawful for the father
to renounce his son: but otherwise not.’ It is most important to note
here the reference to the presence of the son’s maternal relatives, for
this implies an assembly of the clan or wider kindred, not merely of
the gwely or descendants of a common living ancestor. It was this wider
kindred which paid and accepted wergeld, even though they had not all a
right of succession to family property. In the early clan system,[25]
wergeld was part of the common stock which was inherited by all the wider
kindred, and therefore decrees of expulsion, such as were pronounced, for
instance, in default of wergeld payment, were matters for the decision of
the whole clan rather than for those of the gwely or the ‘family.’ That
such a procedure should have survived in Plato’s time, when property
had to a great extent become ‘private’ in the modern sense, and when
the political power of the clans had long since vanished into thin air,
shows at once the tenacity of clan custom and the significance of Plato’s
account as an argument from survivals.
Public-domain text, read in full here on John Shaqi.
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