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
Sovereign Athene, sped by Phoebus’ word,
I come. Do thou with clemency receive
The outcast—not red-handed nor unpurged,
But mellowed by long time and travel-worn.
Among new households, alien ways, o’er land
And beyond sea....
Taught wisdom in the school of misery,
I am learned in all atonement.... The stains
Of slaughter on my hands are dulled and pale.
The guilt of matricide is washed away,
For while quite recent, at Apollo’s hearth,
’Twas driven out and purged with death of swine,
And tedious were the number to tell o’er
Of men I have communed with without harm.
All-mellowing time makes old defilement pure.
Nothing can remove the inconsistency in this quotation. We seek merely
to explain it by attributing it to a confusion of two different legends,
which viewed the act of Orestes from two different legal standpoints.
In this passage Aeschylus happens to emphasise a standpoint which he
usually ignores, namely the conception of Orestes as a matricide of
partial guilt, or as an extenuated matricide, the conception which
underlies the stories of the wandering of Orestes and of his sojourn as
a homicide-exile in various lands. If Aeschylus does not consistently
exclude this conception from his drama, this must be attributed not only
to a certain legal affinity which exists between the conception[72] of
Orestes as justified, and the conception of him as partially guilty, but
also to a confusion of these conceptions in pre-existing legends.
This analysis which we have given indicates, at least, the value of
legal considerations for the complete intelligibility of this play. For
the history of law, also, we may infer from Aeschylus, or rather from
pre-Aeschylean legend, that the early Areopagus, and therefore the early
Ephetae courts, adjudicated in various kinds of homicide cases. The
division of labour which took place, we believe,[73] in pre-Solonian
times, and which left to the Areopagus exclusive jurisdiction in cases
of wilful murder, of malicious wounding, and of poisoning with intent to
kill, had obviously not yet appeared at the time when this Attic legend
took shape. There is thus no basis for Ridgeway’s hypothesis[74] that
the place of Orestes’ trial was not the Areopagus but the Palladium. The
image of Athene which Orestes embraces in the _Eumenides_ was not, as
Ridgeway thinks, the famous wooden image of the goddess at the Palladium,
but was rather, as Müller points out,[75] the image of Athene on the
Acropolis.
The relation between the legal and the dramatic aspects of the story
of Orestes may be indicated by the following useful, if fanciful,
hypothesis: Let us suppose, for the moment, that there existed in the
time of Aeschylus no other legends of Orestes except that which is found
in the Homeric poems. If Aeschylus wished to incorporate this legend, in
the form of a tragic drama, following we may assume in his dramatic art
the Horatian maxim[76]:
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