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
to the element of provocation, or to both these elements in the legend
of Oedipus. These elements of provocation and involuntariness are most
important for the legal intelligibility of the _Oedipus Coloneus_, as we
shall see later.[234] At present we wish to emphasise the fact that this
legend, like the legend of Orestes, became, so to speak, ‘Apollinised’ in
post-Homeric times. Such transitions are only intelligible if we assume
a connexion between Apollo and ‘pollution.’ We may infer that, in the
post-Homeric legend, Apollo took a lenient view of the guilt of Oedipus,
from the fact that, in the _Oedipus Coloneus_, the responsibility for his
continued exile is laid not upon Apollo, but upon Kreon and the sons of
Oedipus, who wish to enjoy the vacant throne of Thebes.[235] According to
Euripides,[236] Oedipus’ sons imprisoned him, but Kreon drove him into
exile.
In the _Orestes_ of Euripides[237] it is Apollo who saves Orestes from
the wrath of the Argives who have condemned him to death. Apollo decrees
that, when Orestes has endured a period of exile and has submitted to a
trial at Athens, the Argives must accept as their king a man whom they
had already deemed worthy of an ignominious death! In the _Electra_ of
Euripides,[238] Castor and Pollux refer, by way of prophecy, to the fact
that Apollo will ultimately secure Orestes’ deliverance from the Erinnyes.
In the _Ion_ of Euripides[239] the Pythian priestess of Apollo commands
Ion not to slay Creusa, who had attempted to poison him, and who
otherwise would have urged in vain her plea of self-defence and the
sacredness of her sanctuary.
In the _Andromache_ of Euripides, Apollo is criticised for having
permitted the slaying of Neoptolemus within the precincts of the temple
at the hands of Orestes and the Delphians. The Messenger says[240]: ‘Thus
has the Lord who gives oracles to others, who is the umpire for all
men of what is right, requited the son of Achilles ... like any wicked
mortal, he stores in his memory an ancient quarrel.’
Thus the conception of homicide as a pollution permeates all Greek
tragedy: however various the legends, however different the localities
to which they refer, they all breathe the same Apolline atmosphere. We
have already[241] quoted Herodotus’ opinion as to the universality of
the ‘purgation’ rites by which the pollution of homicide was cleansed.
If it be true, moreover, that the laws which regulated the historical
Greek treatment of homicide were more or less identical in all the more
important and advanced Greek States, would not this fact suggest that the
origin of these laws must be sought, not in the genius of occasional
local legislators, but rather in the simultaneous universal operation of
identical causes? One of these causes, we believe, was the doctrine of
pollution.
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