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
But the legend or legends which are found in Aeschylus present very
obvious and important points of difference. Are we to suppose that
Aeschylus was not aware of any other tradition save that which Homer
gives, that all the non-Homeric elements in the Aeschylean account are
Aeschylus’ own invention, and that in this invention he was guided by
the laws and the atmosphere of his own time? This is not our view of
the matter. The Homeric legend, in our opinion, had a long and varied
career before Aeschylus was born. It came down through many centuries,
reflecting, as it came, many different atmospheres, and assimilating many
different points of view, as it took shape in various localities.
Thus there was, we maintain, an Arcadian legend which told how Orestes
came as an exile—a murder-exile—to Azania and to the town called
Oresteum,[3] and how he died there as the result of snake-bite.[4] It
is impossible to reconcile this version of the story with another which
represented him as having married Hermione[5] and as having reigned as
King of Sparta; and with another story of his reign as King of Argos.[6]
Again, we shall see that there probably was an Argive legend, which
mentioned a trial of Orestes at Argos at which he was condemned to death.
From a legal point of view, this is the most important variant of the
Homeric saga. Euripides gives it due prominence in the _Orestes_, but
Aeschylus and Sophocles ignore it altogether.
Again, in what we conceive to have been the Attic forms of the legend,
there must have been at least two variations. In our analysis of the
Attic law concerning justifiable homicide,[7] we pointed out that
at one point the conception of homicide as justifiable may be very
closely related to the conception of homicide as extenuated. The short
duration of the exile penalty in cases of manslaughter or of slaying
in a ‘passion’ when the act is ‘forgiven’ indicates a very slight
legal difference between these two standpoints. Yet they cannot of
course be regarded as identical, and they cannot even be fused or
blended without a considerable indifference to consistency. In the
transition from the Homeric age to historical times it was inevitable
that Apollo, the champion and founder of the ‘pollution’ doctrine and
of homicide-purgation rites in Greek lands, should have been drawn into
the story. He is ignored, as we shall see later, in the Argive legend of
Orestes. But he is found in all the other variants. Yet his rôle is not
simple and definite. He purges Orestes certainly: but what was the nature
of the guilt which he has purged? Was the act of Orestes justifiable or
extenuated? In Homer the act was justifiable from the Achaean standpoint;
but the legend-makers of the ‘pollution’ era could not accept that
solution. For them, the immunity of Orestes could only be explained by
the direct intervention of Apollo in advance. But this intervention was
at one stage conceived as a complete justification, at another as a mere
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account