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The Trial Scene in Iliad XVIII

Published online by Cambridge University Press:  23 December 2013

Extract

There are probably no twelve consecutive lines in the Homeric poems which have been obscured by so many explanations as Iliad xviii. 497—508. The interpretation which I propose to give has possibly been anticipated piece-meal, but I have not come across any case in which it has been presented as a whole. Still it is a matter of common courtesy only that one should begin by offering apologies to the unknown previous expositor, if he should after all prove to exist.

For convenience of reference it will be best to begin by setting out the passage at length.

‘The people were gathered in the place of assembly, and there had sprung up a strife; two men were striving about the price of a man slain. The one averred that he had paid in full, and made declaration thereof to the people, but the other refused to accept aught; and both were desirous to take an issue at the hand of a daysman; and the people were shouting for both, taking part for either side. And the heralds were restraining the people, and the elders sate on polished stones in the holy circle, and in their hands they held the clear-voiced heralds' staves. With these they rose up and gave sentence in turn; and in their midst lay two talents of gold to give to him among them that spake the justest doom.’

Type
Research Article
Copyright
Copyright © The Society for the Promotion of Hellenic Studies 1887

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References

page 122 note 1 Hofmeister, (‘Die Gerichtsscene im Schild des Achill,’ in Ztschr. für vergleichende Rechtswissenschaft, ii. (1880), p. 443 ff.Google Scholar) as quoted by Ameis-Hentze (Anhang ad loc.) gives the right interpretation of the relation of the ἴστωρ to the γέροντϵς. Münscher, in the Allg. Schulzeitung, 1829, ii. 579Google Scholar, takes ἀναίνϵτο μηδὲν ἑλέσθαι as negavit se quidquam accepturum (Ebeling, Lex. Hom. s.v. ἀναίνομαι). I have not been able to see either of these papers.

page 122 note 2 MSS. ἀποφθιμένου, but the text, which is clearer, was the reading of Zenodotos and αἱ πλϵῖσται according to Didymos. The question does not affect the general sense.

page 126 note 1 The ordinary objection to the interpretation of ἀναίνϵτο as ‘refused’ is that the kin of the murdered man have free choice as to whether they will accept the blood-money or no. In primitive societies this is certainly true. But the mere fact that the blood-feud disappears shows that there must have been a middle stage when this free choice was restricted. I understand from Mr. Arthur Evans that the blood-feud is still prevalent in North Albania, but is mitigated by the occasional acceptance of the blood-price. The ‘sanction’ here is religious, reconciliation being effected through the Franciscans. Gross cases, however, as when a man is slain within a tribe under whose protection he is, come under the cognizance of the pljech or village council (literally = γϵρουσία). It is much to be hoped that Mr. Evans will publish his inquiries into this important piece of social history.

page 126 note 2 Pp. 375—377 of the fifth edition.

page 127 note 1 This sense is conclusively established by the only other Homeric passage where the word occurs, Ψ 486, where Agamemnon is named as referee to settle a bet.

page 127 note 2 It seems a priori likely that the division of public opinion, as qualifying a case for the cognizance of the state as a political body, would become a conventional form; in other words, that in trials such as these the litigants would have to come into court accompanied each by a body of friends, representing their party among the people. Can the custom of compurgators have arisen from such a practice ?

page 128 note 1 See Mr.Ridgeway, in Journ. Phil. x. 30.Google Scholar

page 130 note 1 Dasent, The Story of Burnt Njal, ch. cxviii.

page 131 note 1 Burnt Njal, ch. cxxii.

page 131 note 2 In Burnt Njal, ch. ci. Hall of the Side gives Thorgeir, ‘the priest of Light-water, who was the old Speaker of the law,’ three marks of silver as a fee for an utterance as to the introduction of Christianity. He though a heathen decides for the new religion; and consequently ‘heathendom was all done away with within a few years' space.’ The payment of judges was therefore not unknown.