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 theme of the _Eumenides_ is the trial, at the Athenian
Areopagus, of the Argive Orestes who had slain at Argos his mother and
her paramour, and who upon acquittal returns to Argos to occupy the
throne of his murdered father. We admit that the exaltation of the
Areopagus is one of the motives of the dramatist. There is much to be
said for the view of Blass[36] that the conflict between Apollo and
the Furies made this ‘divine drama’ worthy of Athenian interest. But
we maintain that Aeschylus would not have selected such a theme for
presentation to an Athenian audience, if it had not also contained a
difficult legal problem which was calculated to thrill the emotions of
those litigious men of Athens who were at once judges, litigants and
legislators. The play was produced at the time of the curtailment of
the powers of the Areopagus by Pericles and by Ephialtes. Aeschylus
suggests[37] that it was this Council which held the first trial for
bloodshed in a barbarian world. In this view there is no protest against
the reform of Ephialtes, for such a reform seemed to recognise that
homicide-trial was the sole and proper function of the Areopagus.
Whether the play was produced before or after this reform it is
impossible to say. Bury holds[38] that the play is not a protest after
the event, that, on the contrary, Aeschylus approved of the reform. Other
scholars maintain, however, that Aeschylus was opposed to democratic
interference with the established privileges of an ancient Council,
and that he left Athens on this account and died in Sicily of a broken
heart.[39] Our reading of the play inclines us to support the view of
Jevons which will be manifest from the following extract[40]: ‘The
_Eumenides_,’ he says, ‘was produced in 458 B.C. ... at a time of great
political excitement in Athens. The oligarchical party had just been
defeated on both their foreign and their home policy. Their foreign
policy was alliance with Sparta.[41] The home policy consisted in
opposing such changes in the constitution as would give more power to
the people, and at this time also consisted particularly in supporting
the powers and privileges of the Areopagus against the attacks of the
democratic party.... The democrats under Ephialtes succeeded in depriving
the Areopagus of its political powers, leaving to it only the right of
trying cases of homicide....[42] The _Eumenides_ is sometimes said to be
a panegyric on the Areopagus and sometimes even to have been a call to
all good men to join in preserving to it the political powers which it
had long enjoyed. But it is probable that the _Eumenides_ was produced
after the reforms of Ephialtes: and as Aeschylus represents the Aeropagus
to have been founded to try cases of homicide, the very class of cases
which Ephialtes left to it, it is more reasonable to regard the play as
having been intended to reconcile those who strove for the preservation
of the political powers of the Areopagus to the new state of things
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