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
restoration of the slayer to social and religious communion, just as in
certain cases of kin-slaying the relatives were not compelled to admit
the slayer to domestic communion, even when his own State court had
permitted his return from exile. Hence, in the Oresteia, a verdict of
acquittal brought in by the Athenian Areopagus in regard to a foreign
Argive kin-slayer was primarily intended to legalise the residence at
Athens of Orestes, but it could not have legalised his return to Argos
unless the relatives of the slain accepted the verdict of the Athenian
court as a final verdict of innocence, and ceased, of their own accord,
from further prosecution. Now, the legends of Orestes seem to differ in
their account of the ‘appeasement’ of the Erinnyes of Clytaemnestra. In
some legends, as in that upon which is based the _Iphigenia Taurica_ of
Euripides, the Furies do not accept the verdict of the Areopagus, and
continue to pursue him over land and sea. The fact that they can drive
him out of Athens is due to their divine power. In law, ordinary human
relatives could not have done so. But it is clear that, in the absence
of unanimity in regard to the attitude of the Erinnyes to the Areopagus,
the Attic legend-makers who emphasised the connexion of Orestes with the
Areopagus must have assumed that Orestes intended to reside, at least
for a time, as a homicide-exile at Athens. Now there is no evidence in
Homer of such an intention on the part of Orestes. In Homer, Orestes went
to Athens _before_, not _after_, he slew his mother. Hence the whole
basis of the Attic legends of Orestes is a pure assumption, without any
historical foundation.
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