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
d’une parenté primitive, en vertu d’une parenté théorique, un droit
éminent sur les biens de chacun.’
So Fustel de Coulanges points out that just as each _gens_[43] or clan
had its own tribunal and chief, so also the phratry[44] had its own
phratriarch, assemblies and tribunals. ‘It was,’ he says, ‘a small
society modelled on the family,’ and the tribe[45] had, as chief priest
and judge, a tribe-king (φυλοβασιλεύς), and held assemblies whose decrees
bound all tribesmen. The nature of such tribal conventions and decrees
is further illustrated by a passage in Demosthenes, to which Coulanges
refers.[46] In a speech against Theocrines,[47] Demosthenes narrates how
the fellow-tribesmen of Theocrines convicted him of the embezzlement of
tribal funds and punished him by a fine; and he was forbidden by State
law to prefer any indictments against any citizen until he had paid
this fine, as in the meantime he was regarded as a State debtor. The
decree was moved against him at a tribal meeting by a certain Scironides
and the fine proposed was seven minae.[48] From such passages as this
Coulanges[49] argues that Plutarch and Thucydides are mistaken when they
say that Theseus destroyed the local magistracies after the synoekism of
Attica. This Demosthenic passage indicates clearly the survival of courts
whose primeval jurisdiction had been largely superseded by that of the
State.
Apart from those arguments which are based on the survivals of tribalism,
it is logically probable that since homicide in Pelasgian society was
normally atoned for by the payment of a collective wergeld penalty, which
affected the property of at least two clans, and since the judicial
machinery of Pelasgian tribes was such that it would ordinarily have
been set in motion for adjudication in disputes regarding property,
homicide was therefore a fit and proper subject for investigation by such
tribunals.
THE SHIELD OF ACHILLES AND THE ROYAL JUDGES
Public-domain text, read in full here on John Shaqi.
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