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
We have now sufficiently indicated the methods and laws of Greek
blood-vengeance in the post-Homeric epoch and in historical times. We
may, therefore, proceed to examine and, if possible, to explain the
problems of blood-vengeance which are presented by Attic tragedy. In
our account of Homeric homicide we found it necessary to distinguish
between a military dominant Achaean caste on the one hand, and a subject
Pelasgian tribal people on the other. In our exposition of post-Homeric
and historical developments we found it indispensable to distinguish
the post-Achaean and Hesiodic periods from the ‘pollution’ era and to
regard the final evolution of historical Greek murder law as a resultant
compromise between divergent forces. When we turn to the legends which
are given by the Attic tragedians, we must be prepared to consider the
operation of several distinct alternative factors in the creation of
these legends. Some legends are presented to us in a form which seems
quite consistent with the period to which they refer, either because
they came down comparatively unadulterated through the ages or because
the dramatist consciously and correctly archaised. Other legends,
however, become so adulterated in course of time that they are difficult
to analyse and their evidential value is very small. Again, different
myths about the same event assumed, in different places and at various
times, forms which were legally, at least, incompatible. It was open
to the dramatists to make a selection from amongst the most suitable
varieties of the legend; but they naturally aimed at consistency in
characterisation, rather than at harmony in their legal conceptions. As a
result of the variety of inconsistent legends it was obviously impossible
for those dramatists to fulfil the maxim of Horace[157]:
denique sit quidvis, simplex dumtaxat et unum.
FOOTNOTES
[1] See _supra_, p. 80 ff.
[2] _Supra_, p. 81.
[3] _Supra_, pp. 93, 144.
[4] _Eum._ 688.
[5] _Op. cit._ pp. 282-3; but see Leaf, _Il._ xiv. 485 n.
[6] i. 28.
[7] _Eum._ 420.
[8] _Supra_, pp. 72, 185 f.
[9] _In Aristoc._ 641, 25.
[10] _Eum._ 685.
[11] _Ib._ 688.
[12] _Iph. Taur._ 960, 1420; _Electra_, 1260.
[13] i. 28. Pollux, viii. 119, makes Aegeus the founder.
[14] Pausanias, i. 22, 28.
[15] _Il._ ix. 632.
[16] _In Aristoc._ 644, 20.
[17] _See_ Müller, _Eum._ p. 141.
[18] viii. 119.
[19] i. 28.
[20] _Supra_, p. 215.
[21] See _infra_, p. 254.
[22] i. 24.
[23] i. 28.
[24] Glotz, _op. cit._ pp. 178-9; see also Herodotus, i. 132, 140, ii.
41-42, 54.
[25] _Supra_, p. 108.
[26] _Infra_, pp. 250, 256 f.
[27] Paus. i. 28; see Soph. _Ajax_, 1020.
[28] See Müller, _Eum._ p. 134, and Sandys’ note, Aristotle, _Ath. Pol._
p. 228.
[29] viii. 117-120.
[30] _In Aristoc._ 627, 20.
[31] _Loc. cit._
[32] i. 28.
[33] _Infra_, p. 250.
[34] viii. 121-122.
[35] i. 28; see also Aristotle, _Ath. Pol._ 63.
[36] _Ath. Pol._ 52.
[37] _In Aristoc._ 647; _infra_, p. 257 ff.
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