Chapter I: 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 justifiable and unjustifiable
homicide: collectivity in vengeance 23-63

CHAPTER III

The Achaean system explained according to author’s theory:
proofs from Homeric text: question of discrimination, amongst
Achaeans, between murder and manslaughter, and between
justifiable and unjustifiable homicide: no collectivity or
solidarity in vengeance 64-77

CHAPTER IV

Judicial aspect of homicide in early Greece: current views
criticised: author’s theory based on distinction between
Achaean and Pelasgian societies: arguments from survivals in
historical times: meaning of δικασπόλοι βασιλῆες: the Trial
Scene in the Homeric Shield of Achilles: origin of trials for
homicide 78-94

CHAPTER V

Religious aspect of homicide in early Greece: current views:
digression on evolution of Greek religion: ancestor-worship:
nature-worship: animal sacra: image-magic: anthropomorphism:
Achaean and Pelasgian contributions to Homeric religion:
fusion of Achaean and Pelasgian dogma and ritual: religious
aspect of kin-slaying amongst Pelasgians and Achaeans: origin
and evolution of the Erinnyes: origin of homicide-purgation:
comparison of Pelasgian with Achaean Erinnys, and of Homeric
Erinnys with post-Homeric and ‘tragic’ Erinnys 95-126

BOOK II

POINE FROM HOMER TO DRACON

CHAPTER I

SECTION I: Social transitions: fall of Achaean Empire and its
causes: Achaean survivals: political changes in post-Homeric
times: post-Homeric migrations: Sparta and Boeotia: the
Hesiodic age of chaos: tribal stability and decay: evolution
of the Attic State; aristocracy and democracy 127-137

SECTION II: Religious and legal transitions in post-Homeric
times: Asiatic-Greek intercourse: compromise between Asiatic
and Greek ideas adopted in regard to homicide: origin of
Apolline purgation system: Apollo and pollution: rise of
Apolline influence: organisation of theocratic nobles:
origin of the laws of Dracon: proofs of author’s theory from
Greek legends, from Plato and Demosthenes: extradition:
pollution-doctrine and wergeld: question of legality of
‘private settlement’ for homicide in historical Athens 138-190

CHAPTER II

The Draconian Code: restored inscription of 409/8 B.C. and
author’s explanation: other Draconian homicide-laws derived
from Demosthenes: Plato’s code confirms and supplements these
data: classification of Attic homicide-laws as follows: (_a_)
those relating to accidental homicide, to death caused by
animals or inanimate objects, and to homicide by persons
unknown: (_b_) those relating to justifiable and to justifiably
accidental homicide: (_c_) those relating to manslaughter:
(_d_) those relating to wilful murder: some problems suggested
by these laws: origin of confiscation of property: evolution
of State-execution: parricide and kin-slaying: historicity of
Plato’s legislation regarding homicide 191-242

CHAPTER III

The Attic Homicide Courts: Attic legends concerning origin of
courts for homicide: the accounts of Pollux, of Aristotle, of
Demosthenes: question of γραφὴ φόνου: Plato’s _Euthyphro_:
author’s theory of the origin of Attic courts for homicide:
Dracon and the Ephetae: Solon and the Areopagus: the Exegetae 243-275

BOOK III

POINE IN ATTIC TRAGEDY

CHAPTER I

Aeschylus: _Agamemnon_, _Choephoroe_, _Eumenides_, _Suppliants_
and _Seven against Thebes_ 276-302

CHAPTER II

Sophocles: _Electra_, _King Oedipus_, _Oedipus at Colonus_,
_Antigone_, _Ajax_ and _Trachinian Maidens_ 303-331

CHAPTER III

Euripides: _Electra_, _Orestes_, _Iphigenia at Aulis_ and
_Iphigenia in Tauris_, _Phoenician Maidens_ and _Suppliants_,
_Mad Hercules_, _Heracleidae_, _Medea_, _Hippolytus_, _Ion_,
_Andromache_, _Hecuba_, _Bacchae_, _Alcestis_, _Troades_ and
_Helen_ 332-422