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
skill, but it may also involve a complete distortion of facts. We admit,
of course, that ‘private settlements’ for homicide did occasionally take
place in historical Athens, as they do in modern States. The actuality
of such a settlement may perhaps be inferred from this speech of
Demosthenes, but certainly not the legality of it.
The second text which Glotz adduces in support of his theory is a passage
from the _Frogs_ of Aristophanes,[297] in which Euripides criticises
as a redundant expression the following Aeschylean verse[298] which
describes the return of Orestes to Argos after his sojourn as an exile in
Phocis:
ἥκω γὰρ ἐς γῆν τήνδε καὶ κατέρχομαι.
Aeschylus, in reply, denies that there is any redundancy in the verse,
asserting that there is a very real difference between the home-coming
of a citizen and that of an exile. Euripides, changing his ground,
attacks the application of the verb κατέρχομαι (‘I return from exile’)
to Orestes, because, he says, Orestes came home secretly, without
having duly ‘appeased’ by gifts those who were competent to permit his
return.[299]
It does not, says Glotz,[300] occur to Euripides to say that no
‘appeasement’ was possible in the case of Orestes; and since, in the
eyes of Aristophanes, the deed of Orestes was regarded as wilful murder,
therefore, Glotz argues, Aristophanes may be regarded as implying in this
passage that a wilful murderer could always return to his home-land,
if he happened to be abroad, provided he paid ‘compensation’ to the
relatives of the slain!
There is a strange but very obvious error in this reasoning. Glotz has
forgotten that in the early portion of the _Choephoroe_, in which the
verse in question occurs, Orestes has not yet slain his mother! At
this stage, therefore, he was not a murder-exile at all. He was merely
a political or a quasi-political exile. Homer and later legend are
quite clear in regard to the nature of this exile. Hence, obviously,
the ‘persuasion of those in power’ in this passage has no connexion
with homicide, and is, for Glotz’s argument, irrelevant. The return of
political exiles was a common occurrence in the Greece of Aristophanes
and Euripides. The persuasion used in such cases may have consisted
merely of some kind of promise or undertaking to obey the existing
government, but it may of course occasionally have taken the form of
gifts or bribes. But the ruling power at Argos which Orestes would
have had to persuade consisted of his deadliest enemies, Clytaemnestra
and Aegisthus. He came home without their sanction and without their
knowledge; Euripides therefore is right in his opinion that Orestes
did not come home by permission of the Argive ‘government.’ The verb
κατέρχομαι, which normally implies a formal and ‘recognised’ return, has
not therefore here its normal meaning. Aeschylus is therefore technically
in error in his use of this word, but he is right in maintaining that
there is no verbal redundancy in the verse.
Public-domain text, read in full here on John Shaqi.
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