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
Homer, in describing the Shield of Achilles, happens to mention a
court which is appealed to in a dispute concerning wergeld, and such
a reference is as complete a confirmation of our hypothesis as can
reasonably be expected.[50] We have already given what we consider to be
the correct interpretation of this passage. The Elders were Pelasgian
tribal chieftains, who frequently came together and sat upon polished
stones, ‘in a sacred circle,’ holding in their hands the sceptre of
authority. It is quite probable, as Leaf[51] suggests, that two of the
Elders acted as ‘advocates,’ and it is almost certain[52] that the two
talents of gold which are mentioned were a kind of advocate’s fee which
was deposited by both litigants in order to encourage the advocates to
give a proper exposition of the unwritten code of the tribes. The fact
that the dispute concerned the payment of wergeld, and not the reality
of guilt, does not warrant the conclusion that the court of Elders could
not have functioned, if it were necessary, as a murder court. It is true
that in the group system of primitive tribal life there was never very
much difficulty in establishing the identity of the murderer; but it is
equally true that if an accusation was challenged or disputed, there must
have existed a court whose decision would have been accepted as final:
we cannot conceive an entire clan agreeing to pay the wergeld of 120
cows if the person who was accused of homicide had assured his own clan
court that he was innocent. Now the Elders of the Homeric trial-scene
would normally have adjudicated in cases of homicide between the members
of different tribes; and it is possible that they would have heard
appeals from tribal or phratry courts, in the event of disagreement
about inter-tribal cases. The Elders are therefore the _real_ δικασπόλοι
βασιλεῖς of the Homeric society. The fact that the Achaean kings are
credited with this _title_ in Homer does not prove that they ever
functioned as such. Leaf[53] thinks that they might have consented to
hear appeals in isolated instances, but the title δικασπόλος is one
which could frequently have been applied without very much significance
to Achaean feudal lords who possessed a theoretical supremacy in Greek
jurisdiction. Within the Achaean caste, these lords revealed no interest
nor did they acknowledge any obligations in the judicial aspect of
homicide. On the contrary, they frequently gave their daughters in
marriage to murderers! We think, therefore, that Leaf would not now find
so much difficulty in the absence of a ‘king’ in the Homeric trial-scene
as he did in 1883.[54] It is not certain, of course, in what Greek areas
Pelasgian groups still retained Pelasgian kings. The Minoan kings of
Mycenae, Lacedaemon, and Thessaly, and other districts disappeared in the
Achaean conquest. Still there survived a few Minoan or Pelasgian kings
who lived in friendly alliance with the Achaeans, and who could still be
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