[94] F. Seebohm, op. cit. p. 122.
CHAPTER II
THE PELASGIAN SYSTEM
Current views explained and criticised: author’s view: proofs from the text of Homer: question of a distinction between murder and manslaughter, and between justifiable and unjustifiable homicide: collectivity in vengeance.
The opinions which have hitherto prevailed among scholars in regard to early Greek blood-vengeance are more or less unanimous. They seem to be based on an assumption of homogeneity in the society depicted by Homer. Expressed in terms of the modes of vengeance which we have described in the preceding chapter, the customs of Homeric Greeks in regard to homicide have been conceived as a confusion of modes I, II, and III—as a mixture of restricted and unrestricted vendetta and wergeld. Thus, Eichhoff[1] holds that in Homer murder is a ‘private’ affair, and that the slayer must go into exile if the ‘money’ paid to the injured family is not accepted. Bury[2] says: ‘According to early custom which we find reflected in Homer, murder and manslaughter were not regarded as crimes against the State, but concerned exclusively the family of the slain man, which might either slay the slayer or accept compensation.’ Grote[3] says: ‘That which the murderer in Homeric times had to dread was not public prosecution and punishment, but the personal vengeance of the kinsmen and friends of deceased. To escape from this danger he is obliged to flee the country, unless he can prevail upon the incensed kinsmen to accept of a valuable payment as satisfaction for their slain comrade.’ Jevons[4] says: ‘If the family of the murderer were not content to pay the wergeld, the murderer generally found it expedient to flee into a far country, for, if he remained he would assuredly be killed in revenge.’ In a foot-note in Butcher and Lang’s translation of the Odyssey,[5] we are told that ‘as a rule blood called for blood, and the manslayer had to flee from the kindred who took up the feud.... It is superfluous to remark that the “price” as an alternative to vengeance is a widespread custom.’ Glotz[6] speaks of death, exile, wergeld, and slavery as possible penalties everywhere. He seems to believe that there existed in Homeric times that collective and hereditary vengeance which is so characteristic of barbarous peoples, but for this view he has adduced no evidence apart from post-Homeric legends. In an article in Daremberg and Saglio’s Dictionnaire des Antiquités Grecques et Romaines,[7] we are informed that ‘originally’ homicide is an offence only against the family of the victim, and all the members of the ‘famille outragée’ have a right and a duty of vengeance. To escape this vengeance the murderer has no other resource but exile. His exile will exempt his kinsmen from the reprisals to which they would otherwise be exposed.[8] As the murderer will be most often supported and defended by his family, a war of families will lay desolate a whole country: in course of time, and with the softening of human character, the offended family will renounce its vengeance, and enter into a bargain with the murderer and his family. He will be permitted to return from exile, but, as a rule, only by payment of ‘compensation.’ His relatives will furnish him with this payment (ποινή), at once the price of the blood shed and the ransom of the murderer’s life. The payment is vaguely defined at first, varying with the importance and the wealth of families. For murder within the family (γένος), there is no question of wergeld. A compromise is effected by which the family waive their right to kill the murderer on condition that he leaves the γένος—‘ils se bornent au bannissement du coupable, rompant ainsi, par son expulsion, les liens qui le rattachaient au γένος.’[9]
All these critics appear to suggest that the early age of Greece presents us with a more or less homogeneous but undeveloped and quasi-barbarous race[10] which slowly and gradually evolves into something like civilisation in the time of Dracon and Solon. Thus conceived, the homicide-customs of Homer are very similar to those of the Montenegrins of modern times, who have long lived in a condition of social chaos and who accept, in atonement for homicide, a payment of money when there is hardly anyone left to pay it!
Leaf, who in Homer and History[11] (1915) differentiates very clearly between the Pelasgian and the Achaean elements in the societies of Homeric Greece, points out that to the Achaeans ‘homicide is a local and family affair, and brings no disability other than exile from home.’ A wealthy and generous king can give opportunities of advancement beyond all the hopes of a narrow family circle. To an ambitious Achaean (as witness Patroclus,[12] Phoenix[13] and others[14]), exile in such circumstances is not a real punishment. When Leaf observes, in regard to the Achaeans, that ‘thus the most sacred of all taboos, the shedding of kindred blood, loses its final sanction,’ he seems to hint at the existence, in the Homeric society, of a non-Achaean attitude to homicide. He does not however explain the precise nature or origin of this attitude.
Moreover, in Homer and History, Leaf does not suggest any solution of an important problem to which he refers in previous works—the problems presented by the reference to wergeld in the Homeric passage which describes the Shield of Achilles.[15] In a note of his translation of the Iliad (1883), he said[16]: ‘The trial scene is one of the most difficult and puzzling passages in Homer.... The whole passage is clearly archaic, but the difficulty lies in the fact that no parallel, so far as we know, is to be found in the procedure of any primitive races which throws any light upon this passage.’ In his Companion to the Iliad (1892) and in his latest edition of the Iliad (1902), in a note on the passage in question,[17] he put forward an hypothesis which seems to suggest that he conceives the Homeric Greeks as quasi-barbarous peoples. Having indicated the frequency of blood-for-blood retaliation in the Iliad, he interprets the trial-scene as representing a stage in the evolution of homicide customs from more primitive conditions. ‘It seems absolutely necessary to assume an intermediate stage in which the community asserted the right to say in every case whether the next of kin should, for reasons of public policy, accept compensation, and the missing link is apparently brought before us here.’
By assuming that the trial-scene represents, not a murder trial (which few now maintain) nor yet a wergeld debt trial, i.e. an inquiry as to whether wergeld has been paid or not, but a piece of novel homicide legislation, Leaf thinks that ‘the scene gains enormously in importance.’ Postponing for a time[18] our criticism of this view, published thirteen years before the date of Homer and History, and deferring the solution which we shall offer of the difficulty, we proceed to state our own theory of the homicide customs of Homer. This theory is based in the first place on a distinction between an Achaean dominant caste and a subject Pelasgian people; secondly, on the hypothesis which Leaf puts forward as to the different character and mode of life of the Achaeans and the Pelasgians—the former being conceived as a race of bellicose military adventurers living in isolated groups; the latter, as an agricultural subject-people, tillers of the soil, who preserved intact their tribal organisations; thirdly, on the connexion existing between the homicide customs of a people or caste and their temperament and social organisation—a connexion which is established by a general study of blood-vengeance amongst various peoples; and, finally, on a correct interpretation of the text of Homer.
Our theory is as follows: there existed in Greece at the period of the Achaean domination (1300-1100 B.C.) two fundamentally distinct social strata, each having a distinct characteristic attitude to homicide, and observing distinct modes of blood-vengeance. The two modes coexisted side by side without affecting or modifying each other, but their coexistence produced a slight confusion of thought and an absence of clear discrimination in language in the Homeric poet (or poets) who were in contact with the two social strata, and who were familiar with the two modes of vengeance, but who almost ignored the one and exalted the other, out of courtesy to the masters whose praises they sang. These two modes of vengeance, which we will call respectively Achaean and Pelasgian, may be thus described: (1) Amongst the Achaeans the normal penalty for homicide is death. Their system is private vendetta, of a restricted character, such as we have already described in our introductory chapter. The vengeance is quite personal and individual, that is, the murderer alone is liable to the blood feud, which is therefore neither collective nor hereditary. Vengeance is a duty which devolves upon the dead man’s sons or brothers, but we may include the possibility of support from a kindred of limited extent[19]: a kindred which may be an embryonic clan, but whose attitude to homicide is quite different from that which normally characterises a clan. Wergeld is not accepted, even though it is known to exist outside the caste: exile is not a recognised appeasement or atonement, but is merely a flight from death, and the Achaean murderer frequently takes refuge with a king or a wealthy man. We shall describe this Achaean system more fully in a later chapter. (2) The Pelasgian mode will be found to be that which we have described in the Introduction as the ‘tribal wergeld’ mode, though it may have evolved from a more barbarous mode before 1300 B.C. In this system there are three or four recognised alternative penalties: (1) ‘wergeld,’ which is the normal measure of vengeance or retribution, and which is so frequently associated with tribalism; (2) exile, which involves a formal and solemn expulsion from the ‘group,’ a serious penalty for anyone born and bred in the atmosphere of tribal life and religion; (3) death, which is rarely inflicted, but is a possible alternative if neither ‘wergeld’ nor exile is accepted by the murderer or his clan; (4) we may add, with Glotz,[20] though there is no definite Homeric evidence for its existence, the option of slavery or servitude. This is not the slavery which is found in later times in Home and in Greece, when there was a regular slave trade, nor is it the temporary ‘slavery’ which is involved in being ‘kidnapped’ and held to ransom—a frequent occurrence in Homer; it is, however, akin to this latter condition, inasmuch as it involves a state of bondage, from which a murderer can be redeemed, not by the payment of such a price as his ‘redeemer’ can be induced to pay, but by the payment of such valuables as have been determined by long tradition—his quota of the wergeld of the clan.