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
which Aeschylus shows to be in harmony with the original nature of the
court. This view receives some support from the fact that the alliance
with Argos to which the oligarchic party was opposed is also shown by
Aeschylus (727 _et seq._) to be in harmony with tradition, myth, and
religion.’[43]
Verrall takes up a similar attitude to this problem[44]: ‘It is clear,’
he says, ‘from the tone of the final scene and it is generally recognised
that Aeschylus did not intend to appear at least as a partisan, that
he supposed himself to be a peacemaker and to have advanced only what
would be generally approved. He justifies trial by jury: he extols the
Areopagus as a court of crime: he leaves room, but in vague terms, for a
larger execution of its vigilant protection.... He is for the middle way,
“neither tyranny nor anarchy.”... But the attitude of the poet is not
that of a practical politician. Religion, always first with him, in the
_Eumenides_ covers the whole field.’
We do not agree with Verrall’s view that Aeschylus justifies ‘trial by
jury,’ if Verrall means by this phrase trial by popular juries such as
the Heliasts of the post-Solonian age. The Areopagus was never invaded
by the Heliasts. Its procedure was fundamentally different from that of
Heliastic courts. Its personnel was composed of archons and ex-archons.
It is to such judges that Athene refers when she says that she will
select, for the trial, the best of her citizens.[45] There was for
the Areopagus no election by lot, such as characterised the popular
juries,[46] nor is there in the phrase ἀστῶν τῶν ἐμῶν τὰ βέλτατα any
reference to the Ephetae, the aristocracy of birth. Aeschylus either
never knew, or he has forgotten, or he has perhaps deliberately ignored
the aristocratic character of the pre-Solonian Ephetae-Areopagus.[47]
It is the plutocratic Solonian Areopagus of the sixth century and of
his own day that he puts before us. When Verrall says that ‘Aeschylus
leaves room ... for a larger execution of its vigilant protection,’ he
implies that Aeschylus opposed the reform of Ephialtes. As this view
commits Aeschylus to the exaltation of plutocracy, we prefer, with the
scholiast, to give a narrower interpretation to the phrase εὑδόντων ὕπερ
ἐγρηγορὸς φρούρημα[48] and we translate it: ‘the vigilant custodian of
vengeance for the slain,’ whereas Verrall takes the ‘sleepers’ to mean
‘the citizens when they are asleep at night.’
Public-domain text, read in full here on John Shaqi.
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