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
authority from the war-council of the chieftains, as Menelaus did in
the case of Helen[65]; but in Homer Orestes is the natural avenger of
a crime which would otherwise have gone unpunished. The slaying of
Aegisthus and Clytaemnestra was not murder, but just revenge, so far as
that distinction was admitted and sanctioned by the traditions and public
opinion of the Achaean caste. If there had been any tendency to revolt at
the abhorrent nature of Orestes’ act in slaying two of his kindred—one
of them the dearest of kin—this feeling would have perished on the
recollection that Aegisthus and Clytaemnestra were not only murderers
but adulterers. We find evidence of a strong public opinion against this
twofold moral stigma in Homer. In the _Odyssey_,[66] for instance, Athene
urges Telemachus to slay the suitors and quotes the act of Orestes as a
parallel. The point of the comparison lies in the suggestion of adultery
which attaches to the presence of the suitors in the home of Odysseus.
‘Hast thou not heard,’ says Athene, ‘what renown the goodly Orestes gat
him among all men in that he slew the slayer of his father?... thou, too,
my friend ... be valiant, that even men unborn will praise thee.’ But as
we have elsewhere argued[67] that adultery alone would not justify, in
private vengeance, the death of the offender, we must conclude that the
justification for Orestes’ act consisted essentially in the fact that
he avenged the murder of his father. From this episode we may, then,
also conclude that the Achaeans, in certain circumstances, admitted the
distinction between justified and unjustified homicide.[68]
We have now adduced sufficient evidence from the Homeric poems to
justify the theory which we have propounded as to the nature of Achaean
blood-vengeance, and to illustrate the contrast which it is necessary
to make between the attitude to homicide adopted by a temporary
dominant caste of a military quasi-feudal type and that of the tribal
village communities in which we believe the Pelasgian subject-race to
have lived. It remains for us to conclude this chapter by some brief
remarks on certain questions which we have already raised and partly
answered: _e.g._, whether there existed, in the Achaean caste, (_a_)
the distinction between murder and manslaughter, (_b_) the distinction
between justified and unjustified slaying, (_c_) the practice of
collective and hereditary vendetta.
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