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
The main difficulty connected with the ‘appeasement’ of the Oresteian
Erinnyes arises from the fact that they are not unanimous in their
opinions about Orestes, and that some of them—the Erinnyes of
Clytaemnestra—are in violent conflict with the official opinion of
Apollo. At a later stage we shall be in a position to explain this
difficulty more clearly. At present we will merely cite a law of Plato
which is probably based on the old traditions of patriarchal tribes (as
they were modified in course of time by Apollinism), and which forbids
the slayer of a kinsman who slays under the influence of passion,
ever to return to domestic communion with his kindred, even though he
may return to his native state and undergo ‘purgation.’ We refer to
this law because it is possible to interpret the act of Orestes, from
Apollo’s standpoint, not as fully justified but rather as in a sense
involuntary, being extenuated by a religious command, as ‘passion’
would have extenuated it. Plato says[149]: ‘If a father or a mother
in a passion kills a son or daughter ... let them be exiled for three
years and be “purged,” but, on return, let the husband be divorced from
the wife and the wife from the husband ... and not dwell in communion
with (the family) ... or share with them in sacred rites.’ Now, in the
Apolline system it is probable that the murder of a husband by his wife
was of equal gravity with kin-murder which was punishable with death.
Coulanges points out[150] that the wife belonged to the domestic religion
of her husband, even though she did not belong to his kindred. In the
Pelasgian wergeld system husband and wife are ‘strangers’ in matters of
homicide; but in the Apolline religious system they are members of the
same hearth and home. Moreover, in historical times failure to obey the
Apolline laws laid the delinquent open to a charge of impiety, for which
the penalty of death might be inflicted. There is a suggestion of these
legal viewpoints in Apollo’s attitude when he tells[151] the Erinnyes
that Clytaemnestra, the murderess of her husband, was justly slain, and
that Orestes would have merited death if he had not slain her; and in the
answer of the Erinnyes concerning the act of Clytaemnestra, that ‘her
slaying was not kindred bloodshed’[152]; and that Orestes, the slayer
of his mother, must be pursued until he dies![153] Now, Plato suggests
that in the Apolline code exclusion from domestic religion attended the
‘extenuated’ slaying of a parent by a son, even when the dying parent
formally ‘forgave.’[154] Apart from the impossibility of the supposition
of a formal ‘forgiveness’ of Orestes on the part of Clytaemnestra, it is
clear that the Erinnyes of the Apolline era would have naturally objected
to the presence of Orestes in the home of his fathers. Thus they say, in
the _Eumenides_[155]:
Public-domain text, read in full here on John Shaqi.
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