Poine: a study in ancient Greek blood-vengeance

POINE

                            A STUDY IN ANCIENT
                          GREEK BLOOD-VENGEANCE

                                    By
                         HUBERT J. TRESTON, M.A.
                     PROFESSOR OF ANCIENT CLASSICS IN
                           UNIVERSITY COLLEGE,
                                   CORK

         _Rien de ce qu’ont pensé les Hellènes n’est indifférent
                 à l’histoire de la civilisation._—GLOTZ

                         LONGMANS, GREEN AND CO.
                    39 PATERNOSTER ROW, LONDON, E.C. 4
                            NEW YORK, TORONTO
                       BOMBAY, CALCUTTA AND MADRAS
                                   1923

                         _Made in Great Britain_




PREFACE


It has not been my purpose in writing this book to occupy myself in
expanding or discussing some articles written on Greek criminal law
in a learned dictionary of antiquities. While it is true that ancient
law, however crude and obscure its expression, is not so repulsive, so
inhumanly technical as medieval or modern law, and while it is also
true that a writer on Greek blood-vengeance cannot avoid an occasional
reference to legal formulae and technique, nevertheless I feel that a
merely legal treatise would not advance the prospects of Greek education
or our knowledge of Greek civilisation, for the simple reason that no one
but a professed student of ancient law could be induced to read it!

This work is intended rather as a supplement to the study of Greek
literature, history, and archaeology. The first part contains an analysis
of important elements of Homeric civilisation, an account of the
different strata in the Homeric society and of the religious beliefs and
practices of the Homeric Greeks. This section owes much to the pioneer
work of Ridgeway and of Leaf; it carries, so to speak, into remote
corners and crevices the light which their genius has thrown on the
general nature and structure of early Greek society.

The second part is concerned with the Middle Age of Hellenism (1000
B.C.-600 B.C.): it is an attempt to explain the social and religious
evolution of the Hellenes and to interpret the homicide laws of the
historical period in the light of that evolution. This section is
inevitably the most ‘legal’ portion of the work, but an effort is made,
even at the cost of what might appear excessive repetition, to avoid an
unduly technical exposition, and the literary aspect of the subject is
constantly emphasised.

The third part is an enquiry into the origin and development of the
legends which are found in Attic tragedy. These legends are permeated
with references to homicide, and I have attempted to render less obscure
and difficult the problems of blood-vengeance which they contain. As such
an attempt would be utterly impossible without a previous discussion
of the homicide laws of Greece, the account of these laws which I have
given in the second part of the work should be regarded as a necessary
preliminary to the subsequent analysis of these legends.

The extent of my indebtedness to modern writers on this and kindred
subjects is sufficiently indicated in the footnotes and the second
section of the Index. I must, however, express, in addition, my
obligations to Professor Goligher, of Trinity College, Dublin, for his
kind encouragement, assistance, and advice.

My best thanks are due to my friend and colleague, Mr. W. H. Porter, for
his generous co-operation in reading and correcting the proofs of this
work and for his valuable criticisms and suggestions. In particular, I
owe to him the alteration which I have adopted, on p. 195, in connection
with the restored Draconian inscription.

I should like also to record my appreciation of the accuracy and
efficiency of Messrs. Spottiswoode, Ballantyne & Co.’s Reader.

                                                                  H. J. T.

CORK, _June 1923_.




CONTENTS


                                                                     PAGES

                                 BOOK I

                             POINE IN HOMER

                                CHAPTER I

  SECTION I: The general principles of blood-vengeance, analysed
    and illustrated: modes of vengeance of modern races in the
    Balkans, in the Mediterranean area, and in South America:
    modes of the ancient Germans, the Anglo-Saxons, and the Welsh:
    Burgundian, Norman, Israelite systems                             1-11

  SECTION II: Nature of the Homeric Society: Views of Leaf and
    Ridgeway: feudal militarism and tribalism                        12-22

                               CHAPTER II

  The Pelasgian system of blood-vengeance: current views
    explained and criticised: author’s view: proofs from the
    text of Homer: question of a distinction between murder and
    manslaughter, and between justi