In this play Electra actually assists her brother in his deed of

vengeance. For this co-operation she is sentenced to exile by Castor and

Pollux,[29] but we are prevented from regarding the penalty as severe by

the further decree that she must become the wife of Pylades![30] It is

true that Pylades was absent from the actual slaying of Clytaemnestra,

but a short time previously he was present at the death of Aegisthus,[31]

although he took no actual part in the slaying. From the standpoint of

historical Attic law, he was therefore as guilty (or as innocent) as

Orestes and Electra were. Hence this decree of Castor and Pollux must

be interpreted prophetically; they are speaking of the future, which,

as gods, they foresee. Therefore they regard the exile of Electra as

temporary and her guilt as that of extenuated matricide. That the death

of Clytaemnestra and Aegisthus involved their slayers in some degree of

guilt, in the opinion of Castor and Pollux, is obviously suggested by the

penalties which they impose. They say to Orestes[32]:

With justice vengeance falls

On her: in thee unholy is the deed.

Such sentiments can only be rendered intelligible by assuming the

existence of what we have described[33] as the second Attic legend,

which conceived Orestes and his friends as guilty of quasi-involuntary

homicide. Castor and Pollux are compelled by their foreknowledge of

destiny to believe that, some day, a court will declare the act of

Orestes to have been either justifiable or extenuated; that Court they

know will be the Athenian Areopagus. They cannot understand, perhaps,

why the court should be Athenian, but they know it must be so! From a

legal point of view, nothing could be more strange than their decree that

Orestes, pending his acquittal at the Areopagus, must leave his native

Argos. In historical Greece an accused kin-slayer awaiting trial would

only have been debarred from the temples and the public places of his own

State; he would have been tried before a court of his own State. He would

not have been tried by a foreign court unless he fled from his own State

and sought permission to reside in a foreign State. Hence to command

Orestes to leave Argos until he was tried at Athens is legally absurd.

The only explanation which we can offer for such an absurdity is that

Euripides is following either two separate legends or a fusion of two

legends, and that he uses the dramatic device of the _deus ex machina_ to

remove, or rather to obscure, the inconsistency and the confusion.

Again, it is strange that, in this play, Castor and Pollux, who, as

divine kinsmen of the slain Clytaemnestra, should appear in a diabolical

implacable rôle clamouring for blood, content themselves with the

promulgation of Apolline decrees which they do not profess to understand.

We can only explain this fact by supposing that in the story of Orestes,

as it evolved in post-Homeric times, the influence of Apollo, the pioneer

Interpreter and Purifier, was so great that no respectable local gods

could resist his decrees; and it devolved upon the quasi-diabolical

Titanic Erinnyes to unfurl the standard of revolt.

Castor and Pollux proclaim that, at Athens, Apollo will take upon himself

the guilt of having commanded the deed[34]:

For the blame

Apollo on himself will charge, whose voice

Ordained thy mother’s death.

In historical Greek law the plotter and the executor of bloodshed were

equally criminal and culpable. To partition blood-guilt was not to remove

it. Therefore, if Apollo can transfer to himself the guilt of Orestes,

this can only be because there is a doubt about the nature of the guilt.

But in estimating the nature or the extent of this guilt, the legends

seem to have been divided, some of them regarding the case as one of

justifiable matricide and others as one of extenuated matricide.[35]

Similarly the Erinnyes were divided in their opinion. Sometimes they

pursue Orestes in the rôle of avenging relatives clamouring for the trial

or extradition of a wilful kin-slayer who had fled to a foreign State

with the intention of residing there as an exile and who hoped to secure

admission by a plea of ‘justifiable slaying’; but sometimes they seem to

suggest that Orestes was not a matricide of full guilt, that the anger

of the slain was temporary and transient, and that it would ultimately

terminate in ‘forgiveness,’ because of the extenuation involved in

Apollo’s command.

This latter standpoint is undoubtedly implied in several passages in

the _Electra_: we shall find it also at the end of the _Orestes_,[36]

for Orestes is there condemned to a period of one year’s exile from

Argos and from Athens, and this penalty can only refer to involuntary or

quasi-involuntary slaying, and presumes, in the event of kin-slaying,

that the deed was either formally ‘forgiven’ or that, at least, it

merited ‘forgiveness.’ Plato[37] assures us that in such cases the anger

of the dead did not continue for more than a year. He refers to a sacred

legend which described how a freeman who had been slain was angry with

his slayer while his death was still a recent event, and in his anger he

harassed and worried the slayer, ‘using memory as an ally.’ This picture

seems to us very suggestive of the attitude of the milder group of Furies

in some Oresteian legends, but the attitude of the fiercer group is more

aptly illustrated by the following story from Herodotus which reveals the

nature of the implacable anger of the dead. Herodotus[38] tells us how

Cleisthenes, the tyrant of Sicyon, was anxious to drive out of Sicyon the

spirit and the cult of the Argive hero Adrastus, and how, to secure this

object, he established in Sicyon the hero-worship of a certain Theban,

named Melanippus, who had slain a son and a son-in-law of Adrastus in the

war of the Seven against Thebes. Cleisthenes therefore anticipated that

by the magical induction of the spirit of Melanippus into a Hero-tomb

at Sicyon he could drive out of Sicyon the Spirit of Adrastus, because

Adrastus was still so angry with the slayer of his kindred that he could

not, even after the lapse of five hundred years, tolerate the presence of

the Spirit of Melanippus!

The meaning of the ‘conversion’ of the Erinnyes therefore varies

according to the dramatist’s conception of the rôle of the Erinnyes. In

Aeschylus the Erinnyes proclaim Orestes a wilful matricide, and their

‘conversion,’ which implies that they accept his plea of justifiable

matricide, must be regarded as symbolical of a transition in their

attitude to the social and religious aspect of homicide.[39] But in

Euripides the conversion of the Erinnyes symbolises not so much a

transition as a compromise. Thus, in the _Iphigenia in Tauris_ some

of the Erinnyes refuse to be placated even when the Areopagus acquits

Orestes.[40] For them the issue does not lie between wilful matricide

and justifiable matricide, but between varying degrees of extenuated

matricide. Hence they reject a verdict of acquittal, because they

interpret it not as an indication that Orestes was justified, but as an

indication that he had already suffered a sufficient penalty for his

‘extenuated’ act of matricide. Some of the Erinnyes, however, accept

the acquittal, because they are satisfied that Orestes has sufficiently

atoned for his guilt.

The most severe and uncompromising attitude to the guilt of Orestes which

is found in any legend appears in the _Orestes_ drama, which we shall now

discuss.

THE ‘ORESTES’

The main theme of the _Orestes_ is the trial of Orestes at Argos, on

the charge of having slain, unjustly, his mother, Clytaemnestra. It

would not be correct—it would, in fact, be misleading—to assert that, as

the Euripidean _Electra_ corresponds with the Aeschylean _Choephoroe_,

so the _Orestes_ corresponds with the _Eumenides_. The points of

resemblance between these two dramas are much less important than the

points in which they differ. In this play we find, very strangely, a

reference to two distinct trials of Orestes, at two distinct places, in

two distinct States, namely Argos and Athens. But while the Argive trial

is described at great length, and forms in fact the chief topic of the

play, the Athenian trial is only casually referred to, in the closing

scene, as an event of the not too distant future. In the Argive trial

Orestes is condemned to death as an unjust avenger, or, which is almost

the same thing, as a wilful matricide. His act is conceived, we think,

as an act of culpable private vengeance committed in an atmosphere of

social justice. But at the end of the play, when Apollo appears on the

scene, the act of Orestes is presented, according to our interpretation,

as extenuated matricide, which involves a penalty of temporary exile.

The words of Apollo imply that when Orestes has served a period of

one year’s exile—the penalty which was prescribed by Attic law for

involuntary homicide—he will be declared by the Athenian Areopagus to

have sufficiently atoned for his partial degree of guilt and he will be

at liberty to return forthwith to Argos. Now these two verdicts, these

two conceptions, are legally incompatible. The verdict of the Argive

court is not found in Sophocles or in Aeschylus, and, needless to say, it

is not found in Homer; the Athenian verdict has, however, been rendered

familiar by references in Aeschylus, in Sophocles, and in the _Electra_

of Euripides.

Are we then to suppose that the Argive verdict was the invention of

Euripides? Such, no doubt, is the view of the matter which Jevons

and Verrall would adopt. They would probably see in the Argive trial

Euripides’ own idea of how Orestes ought to have been tried, and in the

use of Apollo as a _deus ex machina_ they would see a device by which

Euripides’ idea was brought into harmony with the traditional legend.

But we venture to suggest, as against such an hypothesis, that in his

account of the Argive trial Euripides is not putting before us his own

conception of the moral and legal position of Orestes. Euripides leaves

us in no doubt that in his opinion Orestes was not a matricide (_i.e._ an

unjust avenger) and that he was not worthy of death. Hence the attitude

of the dramatist is much more in harmony with the traditional Attic

legends which regard Orestes as a just avenger, or at most as an avenger

of merely nominal guilt, than with the attitude of the Argives and their

verdict of condemnation which is the predominant feature of the drama.

At the Argive trial all the speakers save one solitary individual are

opposed to the death penalty, yet only one speaker favours complete

acquittal. Now it was in the speeches that Euripides found himself

least trammelled by tradition, and if he ‘invented’ the Argive

episode—including the verdict—in order to provide, for an Athenian

audience, a thrill which the traditional accounts of the Athenian trial

of Orestes no longer possessed, why is he not consistent in attributing

to the speakers the sentiments which are expressed in the verdict? How do

we explain, on the ‘invention’ hypothesis, the fact that the Messenger,

in his account of the trial, takes the part of Orestes and condemns the

verdict? The ordinary Athenian of Euripides’ day, who regarded the matter

from the standpoint of contemporary law, could not possibly have approved

of the act of Orestes. Why does not Euripides express this disapproval in

his speeches, since he was free to do so?

Again, Euripides was an Athenian democrat, and the Athenian democratic

party were anti-Spartan and pro-Argive. In the _Andromache_[41] Euripides

reveals his democratic leanings by a bitter attack upon Sparta. In the

_Orestes_ he undoubtedly exalts an Argive court above the Athenian

Areopagus, but is there not a suggestion that the Argive verdict was

barbarous and unjust?

Again, if the Argive trial episode was the invention of Euripides,

would it not have been just as easy, and more consistent, for him to

have caused the Argives to acquit Orestes? If he was not fettered by

any tradition, would he not have represented the Argive verdict as

similar to, if not identical with, the predicted verdict of the Athenian

Areopagus? It may be suggested, as an objection to this view, that an

adverse verdict at Argos was necessary as a prelude to the Athenian

trial, and that Euripides was naturally anxious to include a reference

to the Areopagus, out of respect for the legends and for the prestige

of the Areopagus. The actual _Orestes_ drama supplies the answer to

this objection, for it ignores, almost completely, the Attic legends

of Orestes, and it shows very little respect for the Areopagus court.

Moreover, a favourable verdict at Argos could still have been followed

by a trial at Athens, if we merely suppose that the Erinnyes refused

to accept an Argive acquittal, just as the verdict of the Areopagus

could have been followed by a trial among the Tauri (if these people

had developed homicide courts), since in the _Iphigenia in Tauris_ the

Erinnyes refused to accept the Athenian verdict.

Again, it is not very flattering to the Argives (and Euripides was

pro-Argive) to represent them as condemning Orestes to be stoned to death

at one moment, and as accepting, twelve months afterwards, a condemned

criminal as their king, simply because a different verdict had been

brought in by an Athenian court! In fact, to suggest that Euripides

invented the conjunction of two different trials, and represented one as

overriding the decision of the other—the foreign court having the right

to dictate to the native court—is to attribute to Euripides an astounding

disregard for international Greek homicide-law. The introduction of

Apollo in order to persuade[42] the Argives to accept Orestes as their

king would not be sufficient, on this hypothesis, to remove the insult

to the Argive people which is implied in the suggestion that they are

compelled to accept Athenian arbitration.

For these reasons then, and for others which will appear in the course of

the discussion, we do not believe that the episode of the Argive trial

was invented by Euripides. We admit of course that Euripides composed the

speeches, because he wrote the play! But we believe that he was guided

and controlled by a certain tradition, by the skeleton form of an Argive

saga which supplied him with the fact of an Argive trial of Orestes, with

the nature of the verdict, and perhaps with some remarks which were made

at the trial. While there are many elements in Euripides’ account which

could have been suggested by contemporary Attic thought, we think that

the skeleton-saga reflects, and therefore probably originated in, the

early historical era. The Achaean atmosphere is missing; Orestes was an

Achaean, but he was judged, in this saga, as the Achaeans would not have

judged him.

The reason why Aeschylus ignored this legend was that it obviously could

not be reconciled with his theory that the Orestes trial was the first

homicide-trial in Greek lands, it was less complimentary to Athens than

the Attic legends were, and it was too much at variance with the Phocian

legend, in which Apollo was the central figure and Orestes was conceived

as a just avenger. It was probably for similar reasons that Aeschylus

also ignored the Arcadian stories of Orestes, of which one seems akin to

the Argive variant, for it represented Orestes as never having returned

to Argos and as having died of a snake-bite in Arcadia.[43] Euripides,

however, apparently found the Argive legend more interesting than the

others, though he condescends to mention, in passing, the Attic and

Arcadian variants.[44]

If, then, Euripides reproduces in the same drama several different

legends, without any regard for their mutual inconsistencies, this is

probably because he aimed at variety and human interest rather than

consistency, and because he felt that he could always fall back, in

the last resort, on a _deus ex machina_ to help him to maintain the

appearances, if not the realities, of consistency.

In the beginning of the play Electra describes, though naturally she

does not accept, the prevailing attitude of the Argives to the vengeance

of Orestes. This attitude is post-Draconian. Orestes is conceived, not

as an Homeric Achaean, but as an Argive citizen of the historical era.

He is of course ‘polluted’ even before trial, and so also is Electra. A

preliminary decree of social boycott has been issued against them and the

sentence of death is foreshadowed as ultimately inevitable. Thus, Electra

says[45]:

Meantime the State of Argos hath decreed

That shelt’ring roof and fire and conference

Be interdicted to us matricides.

And this decisive day the State pronounces

Our doom, to die, crushed with o’erwhelming stones,

Or by th’ avenging sword plunged in our breasts.

It is strange that Helen, the sister of Clytaemnestra, who would

naturally have been expected to assume an attitude of stern condemnation,

assures Electra that she regards Orestes and herself as innocent, and

that she transfers the guilt to Phoebus:

With thee conversing I am not polluted,

Charging the crime on Phoebus.[46]

There is a suggestion of the Attic rather than of the Argive legend in

this attitude of Helen. Her words are very similar to those spoken by

Castor and Pollux in the _Electra_ in a dialogue with Orestes and the

Chorus[47]:

_Chorus_: O sons of Jove, may we presume t’ approach

And converse with you be allowed to hold?

_Castor_: You may: no curse this blood derives on you.

_Orestes_: May I address you, sons of Tyndareus?

_Castor_: Thou mayst: to Phoebus this dire deed I charge.

This confusion may be attributed to a conflation of ideas which had

already affected the Argive legend prior to the time of Euripides, or it

may be merely due to a lack of consistent discrimination, on the part

of the dramatist, between the divergent viewpoints of the Attic and the

Argive legends. In historical times a person accused of homicide was

not debarred from private social intercourse. He was merely prohibited

from frequenting the temples and public places. Plato asserts[48] that

there were degrees of pollution corresponding to degrees of guilt and

in proportion to the certainty of guilt. In this case, therefore, the

‘pollution’ of Orestes and Electra was of a minor character, since they

were both as yet untried and unconvicted.

Orestes naturally interprets his guilt from the standpoint of the Attic

and the Phocian legends, but he does not distinguish very clearly[49]

between justification and extenuation. He says to Menelaus[50]:

Yet have we where to charge our miseries ...

Phoebus, by whose command I slew my mother.

Again, he says to Tyndareus[51]:

See’st thou Apollo, who to mortal ears

Sounds from his central cave the voice of truth?

Him we obey in all that he commands:

Obeying his commands I slew my mother:

Drag him then to your bar, put him to death:

The guilt is his, not mine. What should I do?

The guilt on him transferred, is not the god

Sufficient to absolve me? Where shall man

Find refuge if the god, at whose command

I did it, will not now save me from death?

But the attitude of Tyndareus and Menelaus towards Orestes’ act which is

revealed in their conversation with Orestes is fundamentally different.

This attitude discloses a condemnation of private vengeance from the

standpoint of social justice. As we conceive it, this attitude would

normally have been adopted by Greek States, not only in Euripidean

times but also in Draconian times. We have suggested that Euripides

is following, in the play, a post-Draconian Argive legend—we use the

term ‘post-Draconian’ merely to indicate that the legend presumes

the existence of State interference in the trial and punishment of

homicide. This legend was therefore, as we conceive it, so historical, so

‘modern’—in a sense—that it demanded little or no conscious archaising on

the part of Euripides. Tyndareus says to Menelaus[52]:

If virtuous and dishonourable deeds

Are plain to all, who more unwise than he?

Deaf to the call of justice, he infringed

The firm authority of the public laws:

For when beneath my daughter’s murd’ring axe

Th’ imperial Agamemnon bowed his head,

A horrid deed, which never shall I praise,

He ought t’ have called the laws, the righteous laws,

T’ avenge the blood, and by appeal to them

Have driven his mother from the royal house:

Thus ’midst his ills calm reason had borne rule,

Justice had held its course, and he been righteous.

But the same Fury which had seized his mother

Had now seized him; and with ungoverned rage,

Justly abhorrent of her impious deed,

He did a deed more impious, slew his mother.

In this passage the historical Greek system of State trial and the

historical penalty of exile for wilful murder are clearly indicated.

We need not point out how inapplicable such an attitude is to Homeric

Achaeans.

The manner in which social justice abolished the evils of vendetta is

thus described[53]:

For, let me ask thee, should the faithless wife

Bathe in the husband’s blood her murd’rous hands,

And should th’ avenging son the mother slay,

His son retaliate by deed of blood,

What bound shall the progressive mischief know?

The wisdom of our ancestors ordained

That he who had the guilt of blood upon him

Be not allowed the sight, the walks of men,

By banishment atoning, not by death:

Else one must always be to death devote

Who hath the last pollution on his hands.

It was natural that the Greeks of the ‘pollution’ era—that is, the

historical period—should have referred to the chaotic vendetta which

their ‘fathers’ had abolished. But the Achaean vengeance-system was not

a chaotic vendetta, because Achaean military discipline and Achaean

public opinion were able to maintain a distinction between murder and

just revenge.[54] We have said[55] that it was only in the Dark Ages of

chaos and migration—that is, from 1000 B.C. to 700 B.C.—when the control

of tribal chieftains, of phratry-assemblies, and of clan-courts, and

the public co-operation of organised groups were paralysed and rendered

impotent, that the instinct and habit of vendetta was awakened from

its slumber. In the seventh century the doctrine of pollution and the

evolution of State power restored equilibrium by the institution of

the historical system of homicide law. But it was erroneously supposed

that the vendetta system which was thus abolished had always existed in

prehistoric Greece.

If in historical Greece Clytaemnestra had slain her husband, she would

have been tried by a regular State-court, and, as her husband was not

a kinsman, she would have been permitted, as Tyndareus here implies,

the option of exile. But Tyndareus does not correctly visualise the

Achaean mode of vengeance. He argues as if trials for homicide had

been always and everywhere operative. This anachronism, at least, is

absent in Aeschylus, who could not have attributed such an attitude to

his characters, since, in his view, the trial of Orestes was the first

Greek murder-trial.[56] Hence it is that the condemnation of ‘private

vengeance’ from the standpoint of social justice does not appear in

Aeschylus—nor, we may add, in Sophocles.[57]

Further, the suggestion of Tyndareus that Clytaemnestra could have been

sent into exile is an additional anachronism. In historical Greece a

wilful murderer usually went into exile. But the autocratic Homeric

Clytaemnestra remained in the royal palace with Aegisthus! Thus Tyndareus

again fails to reproduce the essential elements of the Homeric story.

Now Euripides elsewhere, as we shall see, frequently reproduces quite

correctly the Homeric atmosphere. If then he attributes here[58] to

Tyndareus a non-Homeric standpoint, it is not because he was incapable of

correctly archaising, but because he deliberately depicted a non-Homeric

Oresteian legend and attributed a non-Homeric attitude to the Argives.

The views which he attributes to Tyndareus are quite consistent with the

subsequent verdict of the Argive court, and with the sentence of death

for unjustifiable kin-slaying, which is pronounced against Orestes and

Electra.

There is a very archaic—an almost Homeric—tone in the words with which,

we are told, the herald ushered in the Argive trial[59]:

Soon as th’ assembly sate, the herald’s voice

Proclaimed free speech to all who wished to speak,

Whether Orestes for his mother slain

Should die or not.

In historical times such a proclamation could only be associated with

a trial which was known as an ἄγων τιμητός, concerning offences for

which the penalty was not fixed by law, and for which, therefore, the

penalty had to be determined by the court, as, for instance, the crime of

Impiety.[60] We have argued[61] that there were no homicide-indictments

(γραφαί φόνου) at Athens, but even if there had been there could not

have been any assessment of penalties in such cases, since the penalties

for homicide were fixed by law from time immemorial. It is therefore, we

believe, from the Homeric ἀγορά rather than from the Athenian Heliastic

courts that Euripides received his inspiration for such a proclamation.

Moreover, his description of the composition and of the general procedure

of this Argive court is very Homeric, and reminds us very forcibly of

other archaic pictures in Greek drama, such as the Council of Achaean

chieftains in the _Ajax_ of Sophocles,[62] and the Assembly of the Greeks

who condemn to death Helen[63] and Polyxena.[64] It is a herald who

conveys the death-sentence pronounced by the Greeks against Astyanax,

in the _Troades_[65] of Euripides. Thus we have in this play a strange

mixture of the archaic and the historical. We sometimes feel as if the

Achaean atmosphere had momentarily reappeared in the Draconian age, as

if Homeric heroes had been suddenly transformed into historical Argives,

without, however, having completely divested themselves of their Homeric

usages.

Pollux assures us[66] that at the Athenian Areopagus it was not permitted

to appeal to pity or to indulge in rhetorical persuasion, but it was

necessary for the plaintiff and the defendant to confine themselves

to the issues of guilt or innocence. Similarly, we may assume, at the

Delphinium court no discussion of general principles would have been

admitted, but merely evidential statements of fact. But at the Argive

trial in this play there is no attempt at an investigation of facts. The

speeches are entirely concerned with general principles. It is impossible

to maintain that Euripides is explaining, in this trial, his ideas, based

on contemporary practice, of the manner in which Orestes ought to have

been tried.

Talthybius, the ubiquitous herald, sets his sails to the wind, but he

cannot, unfortunately, decide how the wind is going to blow. He does

not approve of the vengeance of Orestes, because, he says,[67] it

establishes a bad precedent in regard to parents. This viewpoint ignores

the distinction between murder and vengeance. Orestes is conceived as a

matricide, pure and simple, and being a matricide his guilt is greater

than that of Clytaemnestra. It is regrettable, of course, that Agamemnon

was slain, but Clytaemnestra, his slayer, was not his daughter, but only

his wife! The Erinnyes, in Aeschylus,[68] advance a similar argument, but

in the _Orestes_ such reasoning is more logical because the Argive court

interprets the vengeance of Orestes as an act of barbarous vendetta and

assumes that such a mode of vengeance was already obsolete and unlawful

in his time. It is only by assuming that Orestes and Clytaemnestra were

both criminals that one can logically compare the act of Clytaemnestra

with that of Orestes and maintain that the act of Orestes was, because

of blood relationship, more criminal than that of Clytaemnestra. It is

thus that Hesiod,[69] living in an age of chaotic vendetta, would have

singled out for special condemnation the shedding of kindred blood. In

the Aeschylean drama, on the other hand, and therefore, as we think,

in the Attic legends of Orestes, ‘private vengeance’ is not definitely

and dogmatically assumed to have been obsolete and unlawful in the time

of Orestes. There is of course a doubt about the matter such as would

naturally have arisen amongst legend-makers of the transitional seventh

century. This doubt is, naturally enough, availed of by the Erinnyes of

the slain. But Apollo has no doubt about the matter. In the interests of

justice he commands a ‘private’ avenger to avenge.

After Talthybius, Diomedes utters a speech[70] in which he attributes

the guilt of matricide not only to Orestes but also to Electra, and

proposes not indeed that they should be put to death, but that they

should be banished from the city of Argos. He suggests, very curiously,

that the death penalty would be impious! It is difficult to find any

legal justification for this view. It is quite possible that Euripides

is depicting for dramatic purposes, with a complete disregard for law, a

variety of possible penalties. In Attic law a criminal who was convicted

in a matter of grave import was punished by a general penalty of ἄτιμία,

or loss of citizen rights; in some cases, such as parent-slaying,

this degradation of civic status involved death and confiscation of

property: in other cases, such as sacrilege, it involved death without

confiscation; in ordinary wilful murder, it involved either death or

banishment and confiscation, and in cases of malicious wounding the

penalty of ἄτιμία denoted simple banishment without confiscation. It may

be, then, that Euripides is applying such a gradation of penalties[71] to

a period when the penalties for crime were not rigidly fixed.

If we suppose that in this speech of Diomedes Euripides is consciously

archaising, his archaism is not very felicitous. For kin-slaying amongst

Pelasgian clans, we have seen,[72] the normal penalty was exile: for

kin-slaying amongst the Achaeans, the penalty was death. In historical

times, when private vengeance gave place to State execution, the

penalty was invariably death. Hence, Diomedes’ reference to impiety can

become legally intelligible only if it is interpreted according to the

standpoint of the tribal renaissance of post-Achaean days, when the

group-system resumed its sway. From such a standpoint the act of the

Achaean Orestes would have been viewed as matricide by the Elders of

the tribe and in the public opinion of the clans. If a tribal court sat

in judgment on Orestes in, say, the year 1000 B.C. and discussed the

penalty which his act deserved, it would have been natural to suggest the

exile penalty which was the normal punishment for kin-slayers. If then

Euripides has been so very subtle in his archaising as to have attributed

this proposal to the Argive Diomedes, he might at least have selected

for the mouth-piece of this utterance someone whose name was not so

inextricably connected with the Achaean domination!

After Diomedes, there rises up a bold bad man whom the messenger

describes as ‘an Argive who was not an Argive’[73] and who is generally

supposed to typify, in Euripides’ view, the Athenian demagogue

Cleophon.[74] His speech, we are told,[75] had been previously prepared

for him by Tyndareus, who, though the nearest kinsman of the slain

Clytaemnestra, does not speak at all at this assembly! His nameless

subordinate, however, proposed[76] that Orestes and Electra should

be stoned to death. This was the opinion which in a modified form

the assembly ultimately adopted,[77] though only one speaker actually

proposed it. Orestes succeeded in obtaining his request that he, together

with his sister Electra, should be allowed to end their own lives in a

respectable manner.

The penalty of death by stoning is not mentioned in Homer, in Attic law,

or in Plato’s laws. Was it, then, mentioned in an Argive legend or did

Euripides invent it? The penalty may have existed in the antique system

of tribal vengeance. Plato assures us[78] that the slayer of a parent or

a kinsman was stoned, _after death_, by the judges and the magistrates.

This custom was probably a survival of the more primitive custom of

stoning criminals to death. If the Argive legend of Orestes did not

mention such a penalty, Euripides is either archaising on the basis of

this survival or is importing into the drama an idea which he derived

from the crude customs of outlying ‘barbarian’ lands.

The sentence of the Argive court permitted suicide as an alternative to

execution. We do not know of any legal basis for this option. We have no

reason to doubt that suicide was always in practice, if not in theory,

accepted as an alternative for execution in historical Greece. Here,

however, the theory is accepted by a homicide-tribunal.

Before the verdict of the court was given, a nameless man, for whom

Euripides clearly feels much admiration,[79] a small farmer by

occupation, proposed to crown Orestes because he avenged his father by

slaying his impious mother, whose adulterous criminality was fatal, he

said, to the interests of a martial or militaristic society. We have

said[80] that the legal aspect of the vengeance of Orestes is complicated

to some degree by the fact that his mother was an adulteress. We have

argued[81] that death was not the regular penalty for adultery in Greek

tribal life, and we do not think that the Achaeans, like the German

tribes, followed a sterner code. It is difficult to derive any deductions

either in regard to homicide or to adultery from this argument, because

adultery and murder are mentioned in conjunction. The following words of

the nameless speaker[82] seem, however, to imply that adultery required

a more serious punishment than that which custom sanctioned:

For who in distant fields, at honour’s call,

Would wield his martial arms if in his absence

Pollution stains his wife and his pure bed

Be made a foul sty of adulterous lust?

A similar conjunction of murder and adultery is revealed in the words

of Orestes,[83] who poses as a pioneer in the application of the death

penalty to adultery:

Ye illustrious Argives ... to vindicate your honour,

Not less than to avenge my father’s death,

I did this deed. For should the husband’s blood

Leave on the wife’s hand no foul stain, full soon

The purple tide would flow, or you must sink—

O shame to manhood!—vile slaves to your wives.

Now she that to my father’s bed was false

Hath died for it. If you require my life,

The law hath lost its force: and who shall say

His own life is secure, as these bold deeds

From frequency draw force and mock at justice?

In Aeschylus and in Sophocles the only plea of justification which

Orestes advances is the command of Apollo. But in the Euripidean account

of the Argive trial Apollo is not mentioned at all. We cannot explain

this strange fact by supposing that it would have been unprofitable

to refer to him because at the end of the play the decree of Apollo

is accepted without question by the Argives. We cannot suppose that

Euripides, in his conscious archaising, is trying to visualise a

pre-Apolline Court, as he would probably, in such a case, have ignored

Apollo completely and avoided all references to pollution. The most

satisfactory and, to our mind, the most obvious explanation of the

absence of any reference to Apollo at the Argive trial is this: Apollo

appears in the Oresteian legends in the rôle of justifier and purifier.

Such a rôle is consistent only with the conception of Orestes as an

avenger of partial guilt or as an entirely justified avenger. It is quite

irreconcilable with the theory that Orestes was a wilful matricide of

full guilt. Now, the verdict of the Argive court conceived Orestes as a

guilty matricide worthy of death. The only speaker who approves of his

act does so not because he was a just avenger, but because his mother was

an adulteress. To introduce Apollo into a court of this kind would have

been to expose him to ridicule and contempt. Hence the attitude of the

Argives to Orestes, whether invented by Euripides or, more probably, as

we think, enshrined in an Argive legend, made it impossible to connect

Apollo with this Argive trial.

In the above quotation Orestes poses as a pioneer in the stern punishment

of adultery. We have already[84] suggested what we consider to have

been the evolution of the penalties of adultery in Greece. We have

quoted Pausanias[85] for the view that, at first, adultery was leniently

treated. A certain Hyettus, he says, first punished it by death, and

Dracon finally legalised the death penalty, but only for adultery

_in flagrante delicto_. We believe that this plea of Orestes was the

invention of Euripides. Seeing that he could not permit any reference

to Apollo at the Argive trial, he had to invent a new plea. But ancient

law shows no regard for pioneers. Until the law is changed the pioneer

reformer is a criminal. In our opinion, Greek law never adopted the

penalty for adultery which, according to Orestes, it ought to have

adopted.

In this quotation Orestes refers[86] to a law upon which he seems to

rely for his acquittal. ‘If you require my life,’ he says, ‘the law hath

lost its force.’ It is obvious that he is not referring to any law which

the Argives recognise, for otherwise they would have acquitted him. Yet

he suggests that such a law exists somewhere. We cannot suppose that he

is referring to an actual law which prescribed the death-penalty for

adultery, since he is definitely represented, like the nameless farmer,

as endeavouring to persuade the Argives to adopt a code of penalties

for adultery which would be more conducive to martial efficiency than

the existing system. In the _Troades_ the Achaean army conferred on

Menelaus the right to slay the adulterous Helen. But this fact implies

that no existing law would have justified such a slaying. Moreover,

there was nothing in contemporary Attic law or social custom to suggest

to Euripides that murder and adultery in conjunction could be legally

punished by death. Yet the law which Orestes mentions implies the

legality of such a punishment somewhere. We cannot suppose that Euripides

is indicating a contrast between Athenian and Argive legislation, for,

so far as murder is concerned, we believe that their laws were similar.

The explanation which we propose to offer for this peculiar reference is

an alternative one, such as we have suggested in regard to the speech

of Diomedes in the play. We believe that the law which Orestes mentions

is either a pure fabrication of Euripides’ mind, derived from the

supposition that archaic penalties were more severe than the penalties

of contemporary law, or an instance of conscious archaising, in which

Euripides attributes to an Homeric Achaean a discrimination in certain

cases between murder and just revenge. The former alternative is rendered

somewhat improbable by the fact that the Argives do not recognise the

legality of this ‘archaic penalty.’ The latter alternative is therefore

the more probable and suggests, if it is correct, that Euripides

could sometimes be very subtle and, at the same time, successful in

his archaising. According to this theory, Orestes suggests that he is

justified by a law of the Achaean caste. But the Argives, who reflect the

viewpoint of historical social law, reject a plea of justification which

would compel them to recognise the legality of private vengeance.

Between the conclusion of this trial of Orestes at Argos and the

appearance of Apollo as a _deus ex machina_ at the end of the play there

occur some exciting incidents, such as the seizure of Hermione as a

hostage and the murder of Helen[87] by Orestes. Apart from the fact that

Menelaus, her husband, is very angry and vindictive, no one else seems

to take much interest in the death of that famous woman who lived (and

died!) in so many places.[88] The argument used by Pylades to Orestes

in urging the death of Helen is very unscrupulous.[89] ‘Slay Helen,’ he

says, ‘and people will forget that you slew your mother.’ The slaying

of Helen was really murder, but Apollo ignores it. Legally, it does not

exist. Legally, its presence in the _Orestes_ is a grotesque anomaly.

But it has at least this value: it shows us how little Euripides cared

for the legal aspect of a story as compared with its dramatic vitality.

When Apollo comes on the scene, Orestes is in the act of setting fire

to the royal palace at Argos. Orestes’ threats of incendiarism, his

use of Hermione as a hostage, and the murder of Helen have delayed the

doom which was pronounced by the Argives until Apollo comes! But when

he comes,[90] how different is the picture! The conception of Orestes’

vengeance is completely altered. In an instant we pass from wilful

matricide to quasi-involuntary matricide. We breathe once more the

atmosphere of the Attic legend which we find in the _Electra_. Apollo is

not consulted about the problem which had occupied, throughout the play,

the attention of the Argive court, namely the question whether Orestes

pursued an obsolete course of unlawful vendetta and obeyed the dictates

of an Achaean system of vengeance which a later system of social justice

had superseded, or whether he did not. The only problem which confronts

Apollo is the question how he will most easily persuade the Argives, and

the Erinnyes of Clytaemnestra, to recognise the fact that he, Apollo,

commanded Orestes to slay his mother and that, therefore, Orestes’ act

was either justified or at least extenuated.

The contrast in this drama between the attitude which Apollo adopts

in regard to Orestes and the attitude which the Argives adopt is so

obvious and important that the legends which incorporated these attitudes

could never have been reconciled. No Athenian with an interest in legal

problems could ever have thought of them together without mentally

contrasting them. But these legends, namely what we have called the

Argive and the Attic legends, are both found in juxtaposition in this

drama, and Euripides is naturally compelled to make use of Apollo as a

_deus ex machina_ in order to produce a nominal appearance of dramatic

unity. Euripides could not have ignored altogether the Attic legend. He

was an Athenian, not an Argive. The _Electra_ could have been written

without any reference to the Areopagus, but the _Iphigenia in Tauris_

could not. Thus, whether he is condemned or acquitted at Argos, Orestes

must in either event go to Athens! But before he goes to Athens, Orestes

must go into exile for a year in Arcadia.[91] Two problems now arise:

(1) Why is one year the limit of the exile-period? (2) Why is this exile

spent in Arcadia? The first question can only be solved by a reference

to the _Laws_ of Plato. In the _Laws_[92] Plato assures us that there

was a fixed penalty of one year’s exile which was applicable only to the

following homicide cases: (1) involuntary homicide; (2) slaying in a

passion (in which we include quasi-involuntary or extenuated homicide),

if the dying person ‘forgave’ his slayer; and (3) quasi-involuntary

kin-slaying, if the slayer was ‘forgiven.’ Of these three possible

cases, only the last can be relevantly[93] applied to the slaying of

Clytaemnestra by Orestes. Legally therefore it is necessary to regard

the act of Orestes as quasi-involuntary matricide if we wish to explain

the penalty which Apollo decrees at the end of the play. When Orestes

has served a period of one year’s exile, he will be ‘acquitted’ by

the Areopagus.[94] We cannot interpret this acquittal as a verdict of

‘not guilty,’ since on this assumption the preliminary penalty of one

year’s exile becomes either meaningless or unjust. It is a curious kind

of ‘acquittal,’ since it is intended to imply that a certain degree

of guilt has now been sufficiently atoned. In the Attic homicide-code

there is no reference to an acquittal of this kind, but Plato mentions

something which suggests that such an acquittal was a legal possibility.

Speaking of extenuated homicide, Plato says[95] that ‘when the period

of exile shall have expired, it is right to send twelve judges to the

borders of the State that ... they may judge of the pity to be shown and

of the return (of the exiles to their home-land).’ Now Apollo in this

play says[96] that Orestes will be tried by gods, not by men, at Athens.

Demosthenes gives the tradition more explicitly when he says[97] that

‘the twelve gods judged between Orestes and the Erinnyes.’

We have said that there were two Attic legends of Orestes, that one of

these represented him as tried by the Areopagus on a plea of justifiable

matricide, and the other, on a plea of quasi-involuntary matricide. There

is some difficulty involved in connecting the Areopagus with either of

these pleas. In regard to the first we must assume that the Areopagus in

early times tried pleas of homicide between strangers which were normally

tried by the Delphinium. In regard to the second plea, we suggest that it

is necessary to suppose that the ancient Areopagus would have tried pleas

of involuntary and quasi-involuntary homicide which normally came under

the jurisdiction of the Palladium court and of minor local courts. It is

therefore, we must assume, in the unusual rôle of a reconciling court

that the Athenian Areopagus ‘acquitted’ Orestes in the ‘second Attic

legend.’ That he was not satisfactorily ‘acquitted’ will be manifest[98]

when we discuss the _Iphigenia in Tauris_. Orestes had to leave Athens

and to undergo still further wanderings as an exile, because all the

Erinnyes did not recognise his ‘acquittal.’ We have already suggested[99]

that the Erinnyes in the Oresteian legend frequently symbolise the

conflict of opinions which sometimes preceded the consent of the

relatives of the slain to accept ‘appeasement’ in cases of involuntary

and quasi-involuntary homicide. The court to which Plato refers in the

passage cited above was a ‘court of reconciliation.’ The ‘twelve judges’

whom Plato mentions may have been suggested by the ‘twelve gods’ who

judged between the Erinnyes and Orestes. Such myths and such ‘courts of

reconciliation’ made it possible, we believe, for the creators of the

‘second Attic legend’ to connect Orestes with the Areopagus.

It is not easy to explain why Euripides selected Arcadia as the place of

exile for Orestes. First of all, there seems to have existed an Arcadian

variant of the Oresteian legend which associated Orestes with Arcadia

and maintained that he actually died there.[100] One of the Arcadian

towns was called, from Orestes, ‘Oresteum.’ Again, it is possible to

suppose that Euripides, who, in this drama, reveals a certain desire for

originality, should have selected Arcadia because Aeschylus and Sophocles

had exalted the association with Orestes of Athens and of Phocis, and

had entirely ignored Arcadia. But there may also have been a religious

or quasi-legal fact behind this idea of Euripides. We have seen that,

in Attic law,[101] a homicide-exile was debarred (_a_) from his native

place, (_b_) from the country of the slain, (_c_) from the State in which

the deed took place. The basis of these legal facts was sentimental or

religious. It was supposed that the spirit of the slain was not merely

intolerant of the presence of the slayer in civic proximity to his

burial-place, but was also indignant at the thought that the slayer

should be enjoying himself, as it were, and not suffering any real

hardships as a punishment for his crime.[102] Now, Argos was of course

forbidden ground to the exiled Orestes. But one legend said that he had

lived in Athens, another that he had lived in Phocis, before he slew his

mother. In these places he had made friends and companions. In these

places exile would not have involved for him sufficient hardship and

suffering. Arcadia, however, held no attraction for Orestes, and hence it

was to Arcadia that the Erinnyes of Clytaemnestra desired that he should

go.

We can therefore, in the light of these conclusions, understand in their

full meaning the words of Apollo to Orestes[103]:

Thou, Orestes,

Quitting this country, in Parrhasia’s plains

For one revolving year thy dwelling fix,

And give the place thy name: that honour share

With Azan and with Arcas. Pass from thence

To Athens: there against the Furies urge

Thy plea; acquit thee of thy mother’s blood:

There in that awful court the gods shall sit

Thy judges; and thy just cause shall prevail.

After the lapse of a single year and after his ‘acquittal’ by the

Areopagus, Orestes may again return to the city of Argos. This return is

announced prophetically by Apollo to Menelaus, when he says[104]:

Thou, Menelaus, yield that Orestes reign

In Argos: haste to Sparta, reign thou there....

It shall be mine t’ appease the State to him,

Compelled by my command to slay his mother.

THE PROBLEM OF PYLADES

We may now consider a problem concerning Pylades which is presented by

this drama. As in Aeschylus and in Sophocles, so in Euripides, Pylades

co-operates with Orestes in avenging Agamemnon. But in Euripides the

guilt of Pylades is more clearly emphasised. Hence, we hear for the first

time that he is punished. He tells Orestes[105]:

My father in his rage hath banished me.

We saw that in Greek law the plotter, the co-operator, was as guilty

as the actual slayer.[106] Hence the problem of Pylades’ guilt depends

on that of Orestes’ guilt. If therefore Strophius, the King of the

Phocian land, punishes Pylades _pendente lite_,[107] we attribute this

to the autocratic power of a king on the one hand, and on the other to

the general principle of Greek law that an accused person was presumed

to be guilty until he had established his innocence.[108] Now, in the

_Electra_[109] Castor and Pollux declare that Electra will marry Pylades

and that he will take her to his home, but there is a suggestion that a

brief period of time, probably one year, must elapse before this event

takes place. We presume that he would be permitted by his father to

return, in obedience to the divine decree. In the _Orestes_ he is still

an exile from his home, as the guilt which he shares with Orestes has not

yet been atoned by exile. But has he any legal right to remain in Argos?

Orestes warns him that his life is in danger there, but Pylades replies

that the Argives have no power to punish him[110]:

They have no right: I am no subject here.

Which of these opinions is correct—that of Orestes or that of Pylades? We

have shown[111] that, in Greek law, accused and convicted slayers were

debarred from three possible States, of which one was the State of the

deceased. Demosthenes says[112]: ‘The boundary-line for all homicides is

exclusion from the country of the deceased ... from everything in which

the deceased in his lifetime had a part.’ We cannot of course suppose

that this law applied to unconvicted slayers, but we may presume that

they were at least debarred from the temples and the public places of

the State. Hence we can reconcile these two opinions by assuming that

Orestes is referring to the public aspect and Pylades to the private

aspect of residence at Argos. When Pylades asserts that he deserves

to suffer at Argos,[113] he is referring to the period which follows

the trial of Orestes, which involved, we presume, a condemnation of

Pylades. Menelaus asks if Pylades had a share in the slaying of Helen,

and leaves us in no doubt that his life is forfeit in Argos.[114] We

have quoted[115] Plato in support of the assertion that strangers were

liable to more serious penalties for homicide than natives were. But

this assertion only applies to convicted slayers. Hence it is possible

to accept the suggestion of Euripides that Pylades was not imprisoned at

Argos, as Orestes was, and that he visited Phocis before the trial of

Orestes.

THE PROBLEM OF ORESTES’ POLLUTION

From what has been said it will be obvious that Orestes is more

‘polluted’ in Euripides than he is in Aeschylus or in Sophocles. The

‘pollution’ of a person who was conceived as guilty of wilful and

unjustified matricide was the greatest and the most horrible kind of

‘pollution,’ and it is this conception of Orestes which predominates in

this Euripidean drama. At the end of the play the pollution of Orestes

is miraculously diminished. This is because Orestes is here conceived

not as a wilful matricide of full guilt, but as a quasi-involuntary

matricide who transfers the main portion of his guilt to Apollo. In Greek

law an extenuated act of homicide produced, even when the dying person

‘forgave,’ a minor temporary ‘pollution,’ which continued until the

slayer had endured a minimum period of one year’s exile and had appeased

the relatives of the slain. During this period of exile the slayer had to

abstain from three possible States, which we have already defined. But a

kin-slayer was in a peculiar position. Until the fact of involuntariness

was established before a court he was liable to be regarded as polluted

wherever he went. In Arcadia Orestes was not ‘polluted,’ according to

Euripides, perhaps because Apollo commanded him to go there, perhaps

because his residence there did not create any special anger on the part

of the slain Clytaemnestra. But in Argos he would have been polluted,

because Argos was his native State and could not therefore have been for

him a place of exile even if he had been guilty of involuntary homicide,

and not, as he was, of involuntary kin-slaying. In Athens, too, he would

have been regarded as polluted until he had been tried, especially if he

was accused (as he was accused, by the Erinnyes) of wilful kin-slaying;

but his pollution would have been that of an untried criminal, and

therefore public rather than private. We shall see in the _Iphigenia

in Tauris_ that he was, in a certain sense, polluted when he came to

Athens for his trial, and the Athenians based upon this ‘pollution’

an explanation of a peculiar ritual of which the origin was obscure,

namely the Feast of the Pitchers (χόες) at the Anthesteria.[116] Now in

Aeschylus and in Sophocles the predominant conception of Orestes is that

of an unconvicted matricide who pleads justification for his act; and if

we find, in addition, the conception of Orestes as a quasi-involuntary

matricide, this does not affect to any great extent the question of

Orestes’ pollution, because Orestes has already atoned for the guilt of

extenuated matricide. He has actually been purged by Apollo himself, and

he is still, so far as Athens is concerned, untried and unconvicted,

and therefore his pollution is minor and merely ‘public’—that is, he is

forbidden to frequent the temples or public places but he is free to

associate privately with his fellow-men. In Euripides, however, Orestes

is convicted of wilful matricide by an Argive court. His pollution is

therefore technically so great that no Greek city could receive him.

If his pollution is subsequently reduced to the minor pollution of

involuntary kin-slaying, this is only because Apollo acts not as a

purifier, but as a dramatic _deus ex machina_ who does miraculous and

impossible things.

Wedd, in his edition of this play, proposes a strange explanation for

the graver pollution of the Euripidean Orestes, which is based, as we

think, on a false interpretation of the dramatic ideals of Euripides.

‘In Sophocles,’ he says,[117] ‘all men will honour Orestes, in Aeschylus

he is welcomed as a deliverer, in Euripides the whole State rises up in

horror against him ... in Aeschylus, although Orestes flies for his first

purification to Apollo, many others aid in freeing him from guilt and

he associates with thousands in harmless intercourse; in Euripides all

doors are shut against him, all speech is denied him, none will perform

the purifying rites for him; the full rigour of Athenian law, which

refused to the parricide alone among murderers the right of escaping

death by flight, is exercised against him ... the attitude of the whole

State towards the matricide, the feeling of the murderers themselves

with regard to their own act, are precisely what would be expected if

in modern (? fifth century B.C.) Athens two children were induced by

an oracle to take the law into their own hands and put their mother to

death.’

This account of the facts is fairly accurate, but it suggests that the

Euripidean Orestes is a definite unitary personality, whereas we have

shown that there are at least two different conceptions of Orestes in

this play. The ‘full rigour of Athenian law’ is certainly apparent in the

Argive verdict, but Wedd assumes that Euripides, in this play, adopted

towards Orestes an attitude which ignored Homer and the Attic legends

made familiar by Aeschylus and Sophocles, and which paid no attention

to Apolline decrees. In this respect the account is misleading. It

is based on an erroneous conception of Euripides. According to Wedd,

Aeschylus and Sophocles adopted towards Greek legends an attitude

which was quite different from that which Euripides adopted. These two

dramatists accepted, he thinks, the legends in their main outline and

sought to reproduce them as far as possible in their archaic setting,

with the least possible admixture of ‘historical’ ideas. Euripides, on

the contrary, adopted a critical attitude to the myths and made it his

object _not_ to reproduce them for their own sake but to contrast them

with the more enlightened feeling of his own time. This interpretation

of Euripides is very similar to that of Jevons which we have already

discussed.[118] The arguments which we adduced against Jevons are

therefore applicable to Wedd, but we offer here an additional criticism

which is more definitely concerned with the _Orestes_ drama.

According to Wedd’s hypothesis, the trial of Orestes at Argos which

is described in this play contains the Euripidean conception of the

manner in which the myth should have regarded Orestes. We admit that

the viewpoint of the Argive court is in the main historical; by an

anachronism it identifies the world of Orestes with that of the Argives

of the historical era.

But the existence of an Argive legend which despite its lack of

archaism[119] was of considerable human interest would explain Euripides’

description of such a trial. The fact that at the end of the play[120]

the resultant verdict of the trial is ignored and reversed suggests

rather that Euripides regarded the Attic legend as more archaic and

therefore more correct than the Argive legend. We have already[121]

pointed out that the Messenger’s description of the trial and the

opinions of some of the speakers at the trial are more suggestive of the

dramatist’s own views than is the verdict of the Argive court. According

to Wedd, the _real myth_ occurs at the end of the play, and the rest of

the play is the invention of Euripides. Euripides did not agree with the

mythical presentation of Orestes, so he invented a new version which he

deliberately set in emphatic contrast to the obsolete Attic myth! In

our view, Euripides reproduces two pre-existing legends—an Attic and an

Argive legend of Orestes. The Argive legend he regarded as more dramatic,

the other as more orthodox but less replete with human interest.

According to Wedd, the graver pollution of the Euripidean Orestes is due

to the fact that Euripides conceived him as a fifth-century Athenian. For

us, the different degrees of pollution in Orestes are due to different

conceptions of Orestes’ guilt or to the different legal and religious

attitudes of the legends which the dramatists followed. They are not to

be attributed to any distinction in the attitude of the dramatists to the

legends themselves. The contrast is in the legends, not in the dramatists.

THE ERINNYES IN EURIPIDES

The conception of the Erinnyes in this play is naturally different from

the Aeschylean and Sophoclean conceptions. It is similar to but not

identical with the picture of these goddesses which we shall find in the

_Iphigenia in Tauris_.[122] It is, however, erroneous to suppose that

the Furies who in this play assail Orestes are conceived by the dramatist

as the subjective delusions of a madman. In our opinion, the Erinnyes in

Euripides, though not actually brought upon the stage, are as real and as

vital as the Erinnyes of Aeschylus.[123] If the psychical effect which

these goddesses produce upon Orestes is greater in Euripides, this is

because the Erinnyes stand, so to speak, like vultures beside their prey,

since the Argives are about to condemn him to death, and because Orestes

is conceived as irremediably polluted, a victim already ‘devoted’ to the

Erinnyes. Hence, naturally, at Argos Orestes feels that he is powerless

to struggle against the Erinnyes; his insight into the immediate future

and his contemplation of his approaching fate deprives him, temporarily,

of sanity and self-control. We must not suppose that a more tender or

more civilised and ‘modern’ Orestes realises his guilt more keenly

than does the archaic Orestes of Aeschylus, nor must we imagine that

this feeling of remorse and self-contempt produces the mental insanity

which creates a more hideous Erinnys. On the contrary, Orestes is here,

as elsewhere, subjectively innocent. He admits no moral guilt. If the

legend insists that he is guilty, if the public opinion of the Argives

decides to punish him with death, he does not admit the validity of this

conception or of the decision, but nevertheless his fear of the Erinnyes

naturally increases, since in death even more than in life can these

titanic monsters torture the slayer. Aeschylus makes them say[124]:

It is our fate to track the steps of men

By murderous wantonness polluted, till

Beneath the earth they pass, nor yet for them

Can death grant freedom from our power.

It is Orestes’ fear of such titanic monsters waiting to inflict on him

unspeakable punishment that makes him cry out in this Euripidean drama:

Ah! mother, do not set thy Furies on me.

See how their fiery eyeballs glare in blood,

And wreathing snakes hiss in their horrid hair!

There, where they stand, ready to leap upon me....[125]

And again:

O Phoebus, they will kill me, those dire forms,

These Gorgon-visaged ministers of hell.[126]

The conflicting attitudes of the Erinnyes of Clytaemnestra and the

Erinnyes of Agamemnon which we found in the _Choephoroe_ of Aeschylus are

also revealed in this play. Speaking of his father’s Erinnyes, Orestes

says[127]:

Had I in silence tamely borne her deeds,

Would not the murdered, justly hating me,

Have roused the Furies to torment my soul?

Or hath she only her assisting fiends

And he no fav’ring power t’ avenge his wrongs?

We shall meet the Erinnyes of Clytaemnestra in a somewhat similar rôle

in the _Iphigenia in Tauris_. But in that play the Erinnyes are not

united in their conception of Orestes as they are here. Those Erinnyes

who refuse to accept the ‘acquittal’ of Orestes by the Areopagus continue

to pursue him to the Tauric Chersonese. When Orestes sees them he cries

out[128]:

Dost thou behold her, Pylades,

Dost thou not see this dragon fierce from hell—

Rushing to kill me, and against me rousing

Her horrid vipers? See this other here

Emitting fire and slaughter from her vests,

Sails on her wings, my mother in her arms

Bearing, to hurl this mass of rock upon me!

Ah, she will kill me! Whither shall I fly?

The important thing to remember about the Euripidean Erinnyes is that

they are real goddesses, not mental fictions. The Furies of the ‘Argive

Scene’ are the Furies who pursue the criminal convicted of wilful

matricide. For him there is no cleansing. To him no land can offer

the shelter of its protection. ‘Alone, he has arrayed against him the

universe.’[129] Sooner or later he will be put to death and will be

delivered into the hands of the Erinnyes. But in the Attic legend Orestes

is not a wilful matricide. Hence the Erinnyes of the _Iphigenia_ drama

are not so implacable as the Erinnyes of the _Orestes_. They are placated

by the simple device of transferring an image of Artemis from the Tauric

land to Athens!

THE ‘IPHIGENIA IN AULIDE’ AND ‘IPHIGENIA IN TAURIS’

A comparison of these two dramas reveals at first sight a rather obvious

inconsistency. The Aulid play centres round Agamemnon’s sacrificial

slaying of his daughter at Aulis, while in the Tauric play the victim

reappears as a priestess of Artemis amongst the Tauri! It is generally

maintained that the last scene of the Aulid play, which describes the

substitution of a stag for the maiden by a miraculous intervention, is

not the work of Euripides. But in the _Orestes_ Apollo intervenes to

preserve the life of Helen, though he can do so only by deifying her!

In the Aulid play, also, Iphigeneia is said to have been saved from

death by deification.[130] In the Tauric drama, however, the daughter of

Agamemnon has once more assumed a mortal form and appears as a priestess

of Artemis among the Tauri. Nowhere else in Euripides can we find such

a magical atmosphere. If the human Iphigeneia was really saved, would

we not expect that her father and her mother should have been informed

of her deliverance? But they both believe that she is dead.[131] The

plea which Clytaemnestra advances in the _Electra_ of Euripides,[132]

namely that the death of Agamemnon was a revenge for the death of her

daughter, is based upon the reality of her death. Hence we think that

Euripides reproduced both these legends of Iphigeneia simply because of

their human interest and dramatic merit, without any special concern for

their consistency. It is clear that Euripides did not invent the Aulid

story, since it is found in Aeschylus[133] and in an epic poem,[134]

entitled the _Cypria_, of post-Homeric date. The Tauric story is not

found in any previous author, but we do not think that it was invented

by Euripides. Both legends suggest a similar source. Two hundred years

before Euripides[134] it was said that Iphigeneia was made immortal by

Artemis, who brought her from Aulis to the Tauri, and substituted for

her a stag-victim. As soon as Iphigeneia became a goddess she could,

like other goddesses, be easily transferred from place to place by a

simple transference of images. Herodotus says[135] that the goddess to

whom the Tauri sacrificed was Iphigeneia the daughter of Agamemnon. The

word ‘Iphigeneia’ was apparently a cultus epithet of Artemis[136] which

signified her connexion with fertility and her influence on the birth

of men and animals. The real as distinct from the legendary deification

of Iphigeneia was therefore due to the abstraction and personification

of a cultus epithet. The existence of a temple of Artemis-Iphigeneia

at Aulis, whence Agamemnon sailed to Troy, and the similarity of the

name Iphigeneia with Iphianassa (the Homeric name for a daughter of

Agamemnon), led to a belief in the deification of Iphianassa at Aulis.

Moreover, the survival at Halae, in Attica, in historical times of a

mock ritual of human sacrifice to Artemis induced the further idea that

Iphianassa had been deified through sacrifice at Aulis. The existence

at Halae of a statue of Artemis believed to have been brought from the

Tauric land, and the existence there of a temple to ‘the maiden’ at which

real rites of human sacrifice were enacted, explain the origin of the

Tauric belief which is referred to by Herodotus. Iphianassa, identified

with Iphigeneia, becomes a goddess among the Tauri, and Iphigeneia is

worshipped as the daughter of Agamemnon! The final transition to the

stage in which Iphigeneia returns to life as a priestess of Artemis at

Tauri is explained by reference to the ancient tendency to identify

the priest with the god and by the ritual of resurrection or re-birth

which is found in ancient fertility-religion. England[137] thinks that

this stage was probably pre-Euripidean but that the story of Orestes’

visit to the Tauri was invented by Euripides. We do not think that even

this story was of Euripidean origin. It belongs rather, we think, to

the legends of the wandering of Orestes, which conceived him as guilty

of extenuated or quasi-involuntary matricide which was ultimately

‘forgiven.’ When Iphigeneia was conceived as a priestess of Artemis and

at the same time as the sister of Orestes, the evolution of a story which

described Orestes’ visit to the Tauri does not, we think, require the

genius of Euripides. Again, the inconsistencies of this story with the

Aulid story which he has dramatised, with arguments which he introduces

in the _Electra_[138] and with other legends of Orestes, such as the

Arcadian legend, and, moreover, the insult to Apollo, the degradation

of Athene, and the exaltation of Artemis which this story involves—all

suggest a local origin for the story and the inspiration of theocratic

legend-makers rather than the invention of a dramatist.

In the _Iphigenia in Aulide_ the sacrifice of Iphigeneia is condemned

as murder not only by Clytaemnestra[139] but also by Achilles,[140]

whose promised marriage with Iphigeneia was the bait by which legend

lured her from her Argive home. This view, we have said,[141] belongs

to an age which has rejected human sacrifice and which interprets all

the traditional systems of blood-vengeance as unrestricted hereditary

vendetta. It belongs therefore to the border-line between the Dark Ages

of Greece and the civilised historical era. From the legal point of view

Clytaemnestra’s plea has no validity; we see in it rather a counterpart

to the plea of justification which Orestes based on the command of

Apollo. If Orestes claims the command of Apollo as a justification and if

this claim is disputed, then the command of Artemis to Agamemnon may also

be impugned. Artemis has the same right to obedience as Apollo has. If

the Furies of the dead Clytaemnestra rejected the Apolline oracle, it was

natural that the living Clytaemnestra should have repudiated the justice

of the decree of Artemis at Aulis.

The _Iphigenia in Tauris_ merits special consideration from our present

point of view. As the general _dénouement_ of the plot is sufficiently

familiar, we shall proceed _in medias res_. We may confine our comments

to the speech delivered by Orestes to Iphigeneia after their mutual

recognition. Omitting for the moment Orestes’ reference to the Athenian

custom of using separate drinking-cups on the Libation-day of the

Anthesteria festival, we will give first Orestes’ description of his

trial at Athens and of its immediate sequel. It will be noted that he

has already served a period of exile before he reaches Athens and

that the verdict of the Areopagus is not accepted by all the Erinnyes.

We have suggested[142] that the Erinnyes symbolise in this legend the

attitude of the relatives of the slain and that the Areopagus acts as a

court of reconciliation rather than as an ordinary homicide court. We

have seen that the relatives had always a theoretical right to refuse

to accept ‘appeasement’ in cases of involuntary homicide, according to

the Draconian law, ἁπάντας ἢ τὸν κωλύοντα κρατεῖν: ‘let all be appeased

or let one objector hold the field.’[143] We cannot suppose that the

Erinnyes of Clytaemnestra in this play assume the same attitude to

Orestes as they assume in the _Eumenides_ of Aeschylus, for in Aeschylus

the conversion of the Erinnyes signifies acceptance of the plea of

justifiable matricide. Neither is their attitude to be compared to that

of the Erinnyes of the Argive scene in the _Orestes_, for there they

conceive Orestes as guilty of wilful matricide. Their attitude here is

rather that of the ‘second Attic legend,’ in which Orestes is conceived

as a matricide of partial guilt—his crime being conceived as extenuated

by Apollo’s command. According to this assumption we can explain the

conflict of opinion which characterises the Erinnyes. It is derived from

a legendary conception of the Erinnyes as the symbols of the relatives of

the slain Clytaemnestra who are presumed to have refused ‘appeasement’

and to have resisted the verdict of the Areopagus, which was conceived as

a court of reconciliation rather than as a high State court adjudicating

with full authority on questions of guilt or innocence. Orestes says:

When vengeance from my hands o’ertook

My mother’s deed—foul deed which let me pass

In silence—by the Furies’ fierce assaults

To flight I was impelled: to Athens then

Apollo sent me, that, my cause there heard,

I might appease the vengeful powers whose names

May not be uttered. The tribunal there

Is holy, which for Mars when stained with blood,

Jove in old times established ...[144]

... when to the tribunal on the mount

Of Mars I came, one stand I took, and one

The Eldest of the Furies opposite:

The cause was heard touching my mother’s blood,

And Phoebus saved me by his evidence;

Equal, by Pallas numbered, were the votes,

And I from doom of blood victorious freed

Such of the Furies as there sate, appeased

By the just sentence, nigh the court resolved

To fix their seat: _but others whom the law_

_Appeased not, with relentless tortures still_

_Pursued me_, till I reached the hallowed soil

Of Phoebus.[145]

But Orestes’ visit to Delphi merely suspends, it does not terminate,

the pursuit of the Erinnyes. At this point the religious rather than

the legal aspect of the Erinnyes comes into prominence, and what may be

described as a magical mode of appeasement is indicated by Apollo when he

commands Orestes to visit the temple of Artemis among the Tauri, to bring

back with him the image of the Tauric Artemis and to deposit it in an

Attic temple. Orestes says to Iphigeneia:

From the golden tripod burst

The voice divine, and sent me to this shore,

Commanding me to bear the image hence

Which fell from Jove, and in th’ Athenian land

To fix it.... If we obtain

The statue of the goddess, I no more

With madness will be tortured.[146]

Here we breathe the atmosphere of religious expiation rather than of

legal atonement. The origin of this oracular command may be attributed

to Attic priests of Artemis, for in the temple at Halae there was an

image which was believed to have been brought from the Tauri.[147] This

expiation was not in any real sense ‘purgation,’ but it was sufficiently

similar in character to be readily confused with it.[148] We are reminded

of the expiatory sacrifice offered at the altar of the Erinnyes or

the Semnai Theai at the Areopagus by persons who had been acquitted

of homicide at the Areopagus court and by involuntary slayers who had

returned from exile.[149] We may recall also the expiatory festival

which Medea instituted at Corinth after she had slain her children and

put to death the King of Corinth and his daughter.[150] In this play a

mock ceremonial of purgation is performed in connexion with Orestes by

Iphigeneia. She says[151]:

The strangers come, the sacred ornaments,

The hallowed lambs, for I with blood must wash

This execrable blood away, the light

Of torches, and what else my rites require

To purify these strangers to the goddess.

It will seem curious that Thoas, a barbarian king, should admit the

necessity for such a ceremony, seeing that in the _Andromache_[152]

Hermione is made to say

Such is the whole abhorred barbarian race.

... friends by their dearest friends

Are murdered: deeds like these no wholesome law

Prohibits.

We shall see presently[153] that this sentiment was the outcome of

Hermione’s emotional attitude to the Trojan Andromache.

ORESTES AND THE PITCHER FEAST

The suggestion of Orestes that his ‘pollution,’ when he reached the

Attic land, was the origin of the Attic rite which prescribed the use of

separate cups on the second day of the Anthesteria is of interest as an

illustration of what is known as the aetiological myth. Orestes says to

Iphigeneia[154]:

There arrived,

None willingly received me, by the gods

As one abhorred: and they, who felt the touch

Of shame, the hospitable board alone

Yielded, and though one common roof beneath,

Their silence showing they disdained to hold

Converse with me, I took from them apart

A lone repast; to each was placed a bowl

Of the same measure: this they filled with wine,

And bathed their spirits in delight. Unmeet

I deemed it to express offence at those

Who entertained me, but in silence grieved,

Showing a cheer as though I marked it not,

And sighed for that I shed my mother’s blood.

A feast, I hear, at Athens is ordained

From this my evil plight, e’en yet observed,

In which the equal-measured bowl then used

Is by that people held in honour high.

Euripides is not our only authority for such a myth. Its existence is

confirmed by Athenaeus[155] and by Suidas.[156] It is not probable that

Euripides himself invented it. At the Libation-feast which was known

as the ‘Cups’ (χόες) an unusual custom decreed that each man should

drink from a separate goblet and forbade any suggestion of collective

drinking such as attached to the ordinary wine-bowl. The Athenians did

not understand the real origin of this rite. In the strange blending

of joy and sorrow which characterised this Dionysiac festival, they

overlooked the connexion which existed between the public civic offering,

at this festival, of libations to dead ancestors of the citizens as a

whole and the primitive tomb-offerings (χοαί) of tribal ancestor-worship.

Coulanges has indicated[157] the private, individual, or domestic nature

of such tomb-offerings. He goes so far as to suggest that the origin

of private ownership in land is to be attributed to the exclusive and

non-communistic character of primitive ancestor-worship. Even in Solon’s

time the laws defined rigidly the limit of relationship to the deceased

which permitted a relative’s presence at the funeral.[158] The worship

of Dionysus had many affinities with the worship of the dead. It is in

such affinities that we must seek, in the last resort, the explanation

of the gloom and morbid mourning which permeates all Greek tragedy. But

we cannot suppose that the Dionysiac festival was able to import an

aspect of civic communism into the essentially local and tribal ritual

of tomb-libations. Hence, we believe a compromise was accepted in which

men were permitted to drink together at a public libation-festival but

were compelled to drink from separate vessels and to sit at separate

tables! Such, we believe, was the real origin of this strange rite. But

the Athenians, who were ignorant of its true origin, sought to find for

it at least an intelligible explanation. They knew from the Attic legends

of Orestes that this Argive prince had come to Athens for his trial. They

knew that a kin-slayer who had not yet been tried and declared innocent

was ‘polluted’ with a minor kind[159] of pollution wherever he went. His

purgation by Apollo was legally valid for Phocis if an Apolline court

had declared him innocent. But in the Attic legends he was untried and

therefore unpurged. They argued therefore that when Orestes came to

Athens to submit to trial on a charge of kin-slaying, he was prohibited

from public civic and religious communion with Athenian citizens. It does

not matter in this connexion whether the plea of Orestes was justifiable

matricide or extenuated matricide. As he had been proclaimed as an unjust

slayer by the avengers, who in this case were the Erinnyes, he was

‘polluted’ until he had either established his innocence or indicated

the completion of his atonement to a court of reconciliation. Now

‘pollution’ was regarded by the ancients as a disease of a quasi-physical

nature. Murder courts had to be held, even by night, in the open air.

The ‘polluted’ man could not enter the temples or the market-place. He

could not eat at anyone’s table. He was isolated from public life. His

civic existence was suspended. If, then, it be supposed that Orestes

arrived for his trial at Athens during the Anthesteria festival, he

could not have been received into civic or religious communion. Hence

the creators of this myth could quite naturally have conceived that a

compromise was agreed upon by which the Athenians preserved, on the one

hand, their reputation for hospitality, and respected, on the other, the

religion of pollution. They admitted Orestes to the public feast, but

they insisted that he should sit apart and drink from a separate vessel!

It was thus that the Athenians explained the origin of this rite: nor is

the explanation to be regarded as ‘anomalous’ or ‘artificial,’ as Miss

Harrison suggests.[160] To people who were ignorant of the real origin

of the Pitcher Feast, this was at least a respectable and intelligible

aetiology.

Orestes says to Iphigeneia that he had some difficulty in refraining

from rebuking his hosts on this occasion.[161] Miss Harrison’s

explanation[162] of this statement is that Orestes was mad! But we

are convinced that Orestes was not mad, either at Athens or amongst

the Tauri, though he may have been temporarily insane amongst the

Argives.[163]

We have seen that there were conflicting opinions concerning the guilt of

Orestes in different legends. The predominant opinion in Aeschylus and in

the legend (probably Phocian) which referred to his purgation by Apollo

suggests that his act was justified. The Argive legend which we have met

in the _Orestes_ of Euripides conceived his act as wilful matricide which

involved an eternal pollution. But the prevailing conception of Orestes’

act which we find in the legends of post-Homeric times regards him as

guilty of matricide extenuated through Apollo’s command. The dramatic

attempt to unify these various legends is the source of the complexity of

the problem of Oresteian blood-vengeance in Euripides. It is impossible

to analyse successfully the legal and religious position of a hero who

is tried and who is at the same time untried, who is eternally and who

is at the same time temporarily polluted, in one and the same drama! But

the myth of the Pitcher Feast was based on a well-defined tradition. It

ignored the Argive and the Phocian legends, it ignored also what we have

called the first Attic legend, and it considered only the second Attic

legend from which the _Iphigenia in Tauris_ drama was ultimately derived.

The surprise which Orestes feels at the partial social boycott which

confronts him in Athens is, we think, to be attributed to the coexistence

of the Attic and the Phocian legends. In the Phocian legend Orestes was

tried and purged, therefore he could visit any Greek city with impunity.

But the Attic legend suggested that this purgation, though valid for

Phocis, could not be accepted by the Athenians, so long as the avenging

Erinnyes pursued, until Orestes had been acquitted by an Athenian court.

This conflict of legendary view-points explains, we believe, the

divergence of opinions which is suggested by these words.

THE ‘PHOENICIAN MAIDENS’ AND THE ‘SUPPLIANTS’

The homicide-problems of the _Phoenissae_ and of the _Supplices_ may be

simultaneously discussed, as both these dramas are concerned with the

war of the Seven against Thebes. The dramas correspond in their general

atmosphere and in regard to the problems which they present with the

_Septem_ of Aeschylus or the _Antigone_ of Sophocles. We also find an

incidental reference[164] to the punishment of Oedipus which recalls the

_Oedipus at Colonus_ and the _King Oedipus_ of Sophocles. Euripides,

in his account of the conflict which took place between Polyneices and

Eteocles and of the war between the Argives and the Thebans is, from

a legal point of view, more satisfactory than his brother dramatists,

inasmuch as he makes a clear distinction between the different aspects

of the problem of burial in both cases. Polyneices may or may not have

been a fratricide and a traitor,[165] but the Argives at least were

legitimate belligerents. In the _Antigone_ these two issues seem to have

been deliberately confused. The burial of the Argives was a question for

Greek international law, the violation of which brought down upon the

offenders the anger of the gods. The burial of Polyneices was a more

delicate question, upon which the gods might adopt divergent attitudes.

Teiresias, in the _Antigone_, does not differentiate very clearly between

the religious aspects of these two problems. The gods were angry—about

that there was no doubt. But might not this anger have been mainly, if

not entirely, due to the non-burial of the Argives? Here are the words

addressed by Teiresias to Kreon[166]:

And this evil state

Is come upon the city from thy will:

Because our altars—yea, our sacred hearths,

Are everywhere infected from the mouths

Of dogs or beak of vulture that hath fed

On Oedipus’ unhappy slaughtered son.

Kreon is unmoved by this declaration, which he regards as the outcome of

bribery and political corruption.[167] But Teiresias now utters words

which strike terror into Kreon’s heart[168]:

A little while, and thine own palace-halls

Shall flash the truth upon thee with loud noise

Of men and women, shrieking o’er the dead,

And all the cities whose unburied sons,

Mangled and torn, have found a sepulchre

In dogs or jackals or some ravenous bird

That stains their incense with polluted breath,

Are forming leagues in troublous enmity.

Now, Euripides, on the other hand, keeps these two questions clearly

distinct. The burial of the Argives, being an international question, is

referred by Adrastus to Theseus,[169] King of Athens. At first Theseus

refuses to intervene, and rightly, since Athens was merely one of a

number of Greek States, and she did not wish to undertake single-handed

a war which was properly an Amphictyonic war. But ultimately Theseus,

yielding to the persuasion of his mother and of Adrastus, fought and

defeated the Theban army under the command of Kreon, and handed over

the bodies of the Argives to their relatives for burial.[170] That in

refusing burial to the Argives Kreon had violated a Greek international

law is clear from many passages in the _Suppliants_. Thus Aethra

says[171]:

The mothers now of these,

Spear-slain, are fain to lay them in the grave,

Wherefrom the victors let them, and refuse

The corpses, setting the gods’ laws at nought;

and Theseus says[172]:

But lifeless bodies—harming not your State, ...

I claim to bury: lo! all Hellas’ law

Do I uphold.

The Messenger thus describes the words of the herald[173]:

Silence, ye people! Hush, ye ranks of Cadmus!

Hearken—we come but for the corpses’ sake,

To bury them and keep all Hellas’ law

Inviolate.

The problem of the burial of Polyneices has two distinct aspects in

Euripides, as it has in Sophocles. In both accounts Polyneices was

ultimately buried, as it was necessary for legend to insist that he

should be, in view of the existence of tombs in Thebes which were

said to contain the bones of all the seven Argive leaders.[174] But

whereas in Sophocles it is religious fear which causes Kreon to consent

to the burial of Polyneices, in Euripides we feel that it is rather

the victorious intervention of Theseus which is the cause of this

_dénouement_. Eteocles and Polyneices are represented by Euripides as

having foreseen the conflict which would rage over their burial when they

had mutually slain each other. Thus, Eteocles solemnly binds Kreon to

refuse burial to Polyneices[175]:

But I, on the city

And thee, O Kreon, this injunction lay:

If I prove stronger, suffer not the corse

Of Polyneices in this Theban realm

To be interred: let death be the reward

Of him who scatters dust o’er his remains,

Although he be the dearest of my friends.

Again, Polyneices is said to have commanded, as he lay dying, his mother

and Antigone to bury him in Theban soil[176]:

But bury me, O thou who gav’st me birth,

And my loved sister, in my native land,

Your mediation to appease the city

Uniting, that of my paternal soil

Enough for a poor grave I may obtain,

Though I have lost the empire.

Thus Euripides conceives in a twofold aspect the act of Polyneices.

Subjectively, he thinks, Polyneices was justified in attacking and in

slaying his brother[177]: objectively, however, or technically, he was a

traitor and a fratricide because _prima facie_ he was the aggressor.[178]

But the sympathetic intuition of Antigone looks beyond the superficial

enactments of a political justice of which the obscure and oscillating

dictates cannot compete with her love for her brother in life, with her

grief for him in death, and with her reverence for the solemn injunction

which his dying lips had uttered.

The punishment of Oedipus which is mentioned in the _Phoenissae_ is

based, we believe, on the conception of his fatal act as voluntary

homicide,[179] but it also takes into account the facts of the Homeric

narrative. The Homeric[180] story of the continued rule of Oedipus

‘over the Cadmeans’ was not in harmony with Achaean principles of

blood-vengeance. Homer does not understand it. Perhaps this is because,

in Boeotia, as Leaf points out,[181] the Achaeans had not established

their power. It is possible that Oedipus enjoyed immunity from

punishment because of his position as a Minoan autocrat, but as there

existed in legendary story many capable and willing avengers it is

better to attribute his immunity to a discrimination between degrees in

homicide-guilt which we have associated with Pelasgian tribal custom, and

to interpret the Homeric reference as a Pelasgian ‘reminiscence.’[182]

In Homer, Oedipus lives, dies, and is buried in Thebes. But post-Homeric

legend, under the influence of the pollution doctrine, could not accept

these facts. Even if the plea of quasi-involuntary homicide which Oedipus

himself put forward had been accepted he would still have had to go into

exile for at least a period of years, and even then he could not have

returned to his domestic religion or have been buried in the tomb of his

fathers. The duration of exile for extenuated or involuntary slaying

in historical times, and therefore presumably[183] in the pollution

era, depended on the will of the relatives of the slain. One single

objector could have extended the exile period indefinitely, at least in

theory, according to the law ‘let all consent to be appeased or let

one objector hold the field.’[184] But in the post-Homeric story of

Oedipus, as Sophocles gives it, the plea of Oedipus was not accepted.

He was regarded as a voluntary homicide and sent into exile. It is true

that when Polyneices himself was banished, for political reasons, from

Thebes, he naturally relented, and in his altered mood he offered to

restore Oedipus to his home.[185] But in order to restore Oedipus it was

necessary that Kreon and Eteocles should be either killed or exiled, and

this contingency had not been realised. In Euripides the unhappy king

ultimately suffers the same fate. Kreon says to Oedipus[186]:

But to my words, O Oedipus, attend:

Eteocles, thy son, hath to these hands

Consigned the sceptre of the Theban realm, ...

I for this cause no longer can allow thee

Here to reside: for in the clearest terms

Teiresias has pronounced that, while thou dwell’st

In these domains, Thebes never can be blest.

Therefore depart. Nor through a wanton pride,

Nor any hate I bear thee, do I hold

Such language, but because I justly dread

Thy evil genius will destroy this land.

And Oedipus refers to the Apolline oracle which foretold that he would

die in Athens (an oracle which Sophocles also mentions[187]) when he

says[188]:

The oracle of Phoebus is fulfilled ...

That in Athens an exile I shall die.

But in Euripides it is clear that Oedipus is not banished before the

death of Eteocles and Polyneices. A number of years is known to have

elapsed during which he still lived in Thebes. But he was imprisoned all

the time, and, as this suggestion is not implied in the Homeric story, we

must suppose that some legend invented this novel device by which part

at least of the Homeric facts could be brought into harmony with the

requirements of the post-Homeric doctrine of ‘pollution.’ It supposed

that Oedipus continued to live in Thebes, not however as a king or as a

free citizen with full civic rights, but as an imprisoned criminal who

by the very fact of his imprisonment did not pollute the State. Jocasta,

who, in accordance with the Homeric narrative, is represented as living

in Thebes for many years after the crimes[189] of Oedipus were committed,

says:

Soon as he learned

That I whom he had wedded was his mother,

The miserable Oedipus, o’erwhelmed

With woes accumulated, from their sockets

Tore with a golden clasp his bleeding eyes.

But since the beard o’ershaded my sons’ cheeks

Their sire they in a dungeon have confined,

The memory of this sad event t’ efface,

For which they needed every subtle art.

Within those mansions he still lives, but sick

With evil fortunes, on his sons pours forth

The most unholy curses, that this house

They by the sword may portion out.

We have said[190] that ‘pollution’ was conceived by the Greeks as

a quasi-physical reality which resembled a contagious disease. In

historical times a ‘polluted’ murderer was isolated by imprisonment. A

law of Dracon, which is confirmed by Plato and by Demosthenes, prescribed

that a convicted murderer _en rupture de ban_ could be arrested and

imprisoned, instead of being put to death, by the first person who

encountered him.[191] But imprisonment was never regarded, in Attic law,

as a permanent method of isolation for a murderer, simply because it was

not a recognised legal penalty for homicide. Oedipus therefore would have

been justified, from the standpoint of historical law, in uttering curses

against his relatives who imprisoned him. Hence we suggest that this

story of the imprisonment of Oedipus was invented by some legend-maker

of the pre-Draconian age, in an attempt to harmonise the Homeric story

of the continued life of Oedipus at Thebes with the post-Homeric

atmosphere which regarded him as ‘polluted’ and debarred from civil and

religious communion with his fellow-citizens. Euripides implies[192]

that ultimately the Apolline oracle was fulfilled and that Oedipus died

as an exile at Athens. In view of the general acceptance of this oracle

by traditional legends and of the ‘established fact’[193] of the burial

of Oedipus at Athens, Euripides appears to have abandoned the Homeric

account of the burial of Oedipus at Thebes. In this he reveals more

intelligence and a greater insight into the meaning of the post-Homeric

legend than did Pausanias and his authorities who believed that the

bones of Oedipus were transferred from Thebes to Athens.[194] For either

Oedipus was ‘polluted’ or he was not. If he was, he could not have been

buried at Thebes, since he was regarded as a wilful murderer: if he was

not, then he need not have come to Athens as a homicide-exile at all.

The statement of Jocasta[195] that Oedipus was imprisoned in order that

his disgrace might be forgotten, and that of Kreon[196] that Oedipus had

to be exiled for ever because he was ‘polluted,’ are inconsistent; but we

may infer from these statements, which Euripides himself composed, that

he did not quite understand the origin and motive of the story of the

imprisonment of Oedipus. For whoever invented this story did so with a

definite purpose, namely, to reconcile religious doctrine with historical

fact. The inventor knew the meaning and purpose of his invention. Hence

the statement of Jocasta to which we have referred cannot have originated

with the inventor of the story, for otherwise she would have said that

Oedipus was imprisoned to avoid pollution.

Nevertheless we think that here again Euripides sought to achieve

dramatic interest by introducing an antique variant of the story which

Sophocles had ignored. In Sophocles, Oedipus dies before the clash of

arms takes place between the Argives and the Thebans. In Euripides he

lives to see the realisation of his own curses, and becomes more easily

reconciled to his own sad fate when he finds that Destiny has avenged

him in his turn, as Laius was avenged, and that in leaving Thebes he has

removed from his life the local anger of ghosts and gods.

THE ‘MAD HERCULES’

The theme of this drama is one of the multitudinous episodes which are

associated with the life of Hercules. Now the legends of Hercules have

this much in common with such legends as we have examined concerning

Orestes and Oedipus, that they refer to the deeds of a great man who has

died. In Greek religion, apart from the Olympian Pantheon of the Achaean

caste, every great man assumed a divine nature when he died. But the

Olympian religion did not recognise the right of man to become divine,

and therefore whenever legend attributes human acts to such Olympian

gods as Apollo or Athene (of whose mortal life there was no record) we

must assume that at the time of such acts these gods have temporarily

assumed a human form. But Hercules never was an Olympian. In Homer,

Hercules is mentioned in a manner which suggests that he had been living

quite recently upon this earth, and living moreover a normal human life.

We find him in Hades, like all other dead men, though, curiously, he

retains some of his old vitality, for he is married to Hebe, the goddess

of eternal youth.[197] We hear of his maternal uncles living ordinary

human lives in Argos or in Thebes,[198] and his grandsons actually fought

in the Trojan war! We will not here attempt to discuss the origin of

the Grecian cult of Hercules. Müller, of course, connects him with the

Dorians. He thinks that Hercules and Apollo, in their respective rôles of

hero and of god, satisfied the normal wants of Dorian religiousness.[199]

We admit that the exaltation of Hercules as a divinity was of

post-Homeric origin; but it is futile, we believe, to seek to distinguish

the historical from the fictitious strata in Heraclean legends. At the

dawn of European literature the human life of Hercules, if there ever

was such a man, was a thing of the past, and it is therefore more than

probable that all the post-Homeric legends of Hercules are equally

fictitious. The main point which we wish to emphasise here is that most

of the legends of Hercules are based on the assumption that he had not

yet died: that he was a mortal man, who obeyed, on most occasions, the

laws of social humanity, not a god who had condescended to take human

form and who was superior to the operation of natural laws. We agree

that in the legends of Hercules there is a certain element of magic,

such as is found in the legends of Medea, or Jason, or Iphigeneia. This

element imports into Heraclean legends a certain degree of lawlessness

or of chaos. But, so far as homicide at least is concerned, we will

assume that Hercules is a man; not indeed an ordinary man, subject to

every ordinary law, but nevertheless a man, whose actions, however

archaically they may be conceived, can nevertheless be explained. The

difficulties which are presented by the Heraclean legends are due in

part to their archaic setting, but still more to their almost infinite

variety—a variety which we may attribute to the multitude of localities

in which this Hero-god was worshipped. The greater the number of shrines

which a god or hero possessed, the greater was the variety of the myths

which grew up around him, because ancient myths—which are not like

modern fairy tales, but which were rather sacred commemorations of

religious events—could be transferred from one Hero to another. Herodotus

tells[200] how Cleisthenes of Sicyon transferred the ‘tragic choruses’

which commemorated the sorrows of Adrastus to the cult of Dionysus. Thus

too must Hercules have had attributed to him the joyful exploits as well

as the sorrowful events of the ‘lives’ of local Heroes. For this reason,

and because of the tendency of myths to become more and more fanciful, we

believe that the legends of Hercules as of most gods are ‘fictitious.’

In the Euripidean drama, the _Mad Hercules_, we are told that Hercules,

in a fit of madness, slew his wife, Megara, and his children.[201] He

was deluded by the goddess Hera[202] into believing that he was thereby

inflicting death upon the children of his taskmaster, Eurystheus. We

may recall a somewhat similar delusion which was sent in a Sophoclean

drama by Athene upon Ajax. But whereas in the _Ajax_ no actual homicide

occurs, here we have actual bloodshed, and, worst of all, kin-slaying.

From a legal point of view, the position of Hercules is therefore quite

different from that of Ajax. It is, we think, more akin to that of

Oedipus. Hercules slays his children without knowing that they are his

children. We may omit, for purposes of legal analysis, the death of

Megara, his wife, for this death is obscured by the more heinous slaying

of his kindred. Like Oedipus, Hercules discovers the truth; like Ajax,

he contemplates suicide. He gives expression to sentiments regarding the

punishment of kin-slaying which are suggestive of historical Attic law;

though he forgets, for the moment, that his act was involuntary, when he

says[203]:

Ah! why lengthen out

A guilty life, when of my dearest children

I am become the murderer? Why delay

To leap from the high rock or with a sword

Transpierce this bosom, on myself their blood

Avenging? or t’avert that infamy

Which waits me, shall I rush into the flames?

Presently he begins to feel that he should not be considered fully

culpable[204]; yet he sees that it will be difficult for him to establish

‘extenuation’ as a plea.[205] The fit of madness which Hera had sent upon

him was indeed a grim reality, but it would be difficult to prove it in

a court of justice. Moreover, in the Euripidean account Hercules is an

alien in Thebes. His native State is Argos.[206] We have said that exile

was not permitted as a penalty for voluntary kin-slaying in historical

Greece. We have quoted[207] Plato for the law that even involuntary

slaying between aliens was punished by perpetual exile. If Hercules was

an alien at Thebes, so also were his children. In Homer[208] Thebes is

the birthplace of Hercules, but this Homeric fact is not accepted by

Euripides. In the following passage Hercules regards exile rather than

death as his correct and proper punishment, but owing to the difficulty

of proving involuntariness he fears that no city will receive him.

Thebes, he says, he must leave. To Argos, his native home, he cannot

return, because, as he says,[209] he has been already banished from that

State owing to his feud with Eurystheus. In other places he will indeed

be called a kin-slayer, and if he cannot prove his innocence he may be

banished. This statement lends support to our theory that in historical

Greece exile was not permitted for voluntary kin-slaying.[210] He

says[211]:

My fate is such

That in my native Thebes I must not dwell:

But if I here continue, to what temple

Or friends can I repair? for by such curses

I now am visited, that none will dare

To speak to me. To Argos shall I go?

How can I, when my country drives me forth?

To any other city should I fly,

The consequence were this: with looks askance

I should be viewed as one well-known, and harassed

With these reproaches by malignant tongues:

‘Is not this he, the son of Jove, who murdered

His children and his consort? from this land

Shall not th’accursed miscreant be expelled?’

But the archaic atmosphere of the ‘life’ of Hercules furnishes a solution

for this problem. Theseus arrives from Athens! Apparently we are now

living in the days which preceded the institution of citizen juries or

even of Ephetae courts! As Theseus, the autocratic King-judge, tried

Oedipus at the shrine of the Semnai,[212] so also, in a similarly

informal manner, he tries Hercules. He knows already, without being told

of it, that Hera is to blame. Therefore, he says[213]:

... This mischief

Springs from no god except the wife of Jove....

Hence he says to Hercules[214]:

From Thebes retire

Since thus the laws ordain: and follow me

To Pallas’ city: when thy hands are there

Cleansed from pollution, I to thee will give

A palace, and with thee divide my wealth.

What, we may ask, is the law to which Theseus here refers?

Wilamowitz[215] rightly says that the law is that which prohibits

his continuance at Thebes. We believe, however, that this was not a

specifically Theban law. If it had been, the fact would have been more

clearly indicated. The law in question is, we believe, an international

law, which declared that when an alien slew an alien, even without

intent, he must be debarred for ever from the State in which the deed

occurred. This law we have already quoted from Plato.[216] Hercules

therefore left Thebes and went to Athens,[217] and we are told that when,

in course of time, he dies in Athens he will receive the worship of a

Hero![218] The similarity of this _dénouement_ to that of the _Oedipus

Coloneus_ of Sophocles needs no comment. Both these consummations are

based, perhaps, on the existence of Hero-shrines in Attic soil. But

the legend-makers were careful not to give us legal impossibilities.

Hercules had shrines everywhere in Greece. Yet Hercules could not go to

Argos, for the simple reason that he had been exiled from that city. He

could not return to Thebes because of ‘the law.’ It was fortunate then

for Hercules that he found a king such as Theseus who admitted without

question the element of extenuation in his act. In historical Greece a

wilful kin-slayer could not have been accepted as an exile in any State.

The law which is referred to by Theseus cannot therefore have reference

to wilful slaying, for it permitted him to leave Thebes. If he had slain

his children wilfully, it would not have allowed him the option of exile.

If he is allowed this option, it is because his deed was viewed, either

by the dramatist or by the legend-maker, or by both, as extenuated or

quasi-involuntary kin-slaying. Such slaying in Greek law prescribed a

period of exile, temporary or perpetual, pending the appeasement of the

kinsmen.

Owing to the important differences which exist between the Euripidean

conception of the native state of Hercules and Homer’s conception, we

must assume that Euripides has abandoned Homer and is following an Argive

legend concerning Hercules. This conclusion is strengthened by the

account which Euripides gives, in this play, of Amphitryon, the father

of Hercules. Euripides makes Amphitryon say[219] that he is an exile

from Argos living at Thebes, because he had slain Electryon. Now, if

Euripides conceived Amphitryon as a Theban by birth, he could not legally

have presented him, since he was a man-slayer, as a resident in Thebes.

We have seen[220] that homicide-exiles were debarred from three possible

places of residence, namely (1) the State of the slayer, (2) the State of

the victim, and (3) the State in which the deed of blood took place.

Pausanias also refers[221] to this legend of Amphitryon. The Thebans of

his time pointed out a ruined house in Thebes, ‘where they say Amphitryon

dwelt when he fled from Tiryns owing to the death of Electryon.’ As

Tiryns was a city within the boundary of the historical Argive State

it is frequently confused with Argos in the legends. Electryon was the

father-in-law and the uncle of Amphitryon. That the slaying of Electryon

was not wilful is suggested by certain facts. Thus, the return of

Amphitryon to Argos is said to depend on the will of Eurystheus and the

labours of Hercules are regarded as the necessary ‘appeasement.’[222] We

need not suppose that there is any reference to the Pelasgian wergeld

system in the story of the ‘recompense’ which was demanded by Eurystheus.

This ‘recompense’ is more akin to the ‘appeasement’ of relatives in the

pollution system. It was the father of Eurystheus, Sthenelus, the brother

of Electryon, who had driven Amphitryon into banishment. Euripides

concedes this much to the claim of Thebes to be regarded as the home

of Amphitryon, in so far as he makes Amphitryon say[223] that he has

settled there as an exile. But legally he could not have lived there as a

homicide-exile if he had been a citizen of Thebes. Hence Euripides calls

him ‘the Argive Amphitryon.’ His hopes of an ultimate return to Argos and

of the ‘appeasement’ of Eurystheus suggest that his act was involuntary,

or quasi-involuntary. The very fact of his exile points to the same

conclusion.

The attempt of Lycus, King of Thebes, to murder Amphitryon, Megara, and

the children of Hercules, is also described in the play. The motive of

Lycus was political. Hercules had married Megara, daughter of Kreon,

the Regent of Thebes, and his family was therefore a dangerous rival in

the matter of dynastic succession. Hercules, as soon as he heard of the

plot, put Lycus to death.[224] This penalty, we have suggested,[225]

was a normal penalty for attempted murder (βούλευσις) in Achaean or

quasi-Achaean[226] society. We have discussed this penalty in our

analysis of the _Ajax_ of Sophocles. Whether there was an antique legend

which referred to this penalty, or whether the dramatist is consciously

archaising, it is difficult to decide. The Chorus, at least, have no

doubt that the penalty was just and Amphitryon takes the same view.[227]

The Chorus say to him as he dies[228]:

Others have perished by that bloody hand.

... the retribution thou endur’st ... is just.

THE ‘CHILDREN OF HERCULES’

Of the Heracleidae, another family of Hercules, Pausanias says[229]:

‘When Hercules fled from Eurystheus at Tiryns, he went to his friend

Ceyx, the King of Trachis. But when Hercules left the society of

men[230] Eurystheus demanded his children, and Ceyx sent them to Athens,

suggesting that Theseus should protect them. And coming to Athens, they

caused the first war between the Athenians and the Peloponnesians, as

Theseus would not give them up to Eurystheus.’

In this Euripidean play, also, the children of Hercules are represented

as dwelling in the city of Athens, in the charge of Iolaus and

Alcmene,[231] and the war between Eurystheus and Theseus for their

extradition is the main theme. The presence of Iolaus in the drama is

probably, we think, derived from the legend of an expedition which the

Athenians made under his leadership to Sardinia.[232] The chief point

which we wish to emphasise here is that the demand for the extradition

of the Heracleidae has no connexion with homicide. Amphitryon had slain

Electryon. Hercules had sought in vain to ‘appease’ Eurystheus. It is

now evident that Eurystheus has refused all ‘appeasement,’ as the sons

of Oedipus refused it, _for political reasons_. In Greek law homicide

could not continue to afflict the children of a slayer unto the fourth

generation. With the death of Amphitryon, the homicide episode is

closed. In this drama, the extradition demand is therefore entirely

political. Upon this point our play is quite explicit. Eurystheus says to

Alcmene[233]:

For well I knew thy son

Was no mere cipher, but a man indeed:

Though strong my hate, on him will I confer

The praise he merits from his valiant deeds.

But after he was dead, was I not forced,

Because I was a foe to these his sons,

And knew what bitter enmity ’gainst me

They from their sire inherited, to leave

No stone unturned, to slay, to banish them

And plot their ruin? Could I have succeeded

In these designs, my throne had stood secure.

Demophon, son of Theseus, refuses to give up the sons of Hercules and

uses as a pretext the right of suppliants.[234] We recall the statement

of Pausanias[235] that Demophon was the first Athenian who was tried

at the Palladium court—a court which regularly tried cases of homicide

between strangers.[236] The words which Demophon speaks to the herald of

Eurystheus[237]—

Therefore, go thou back

To Argos, and this message to Eurystheus

Deliver: tell him, too, if there be ought

Which ’gainst our guests he can allege, the laws[238]

Are open: but thou shalt not drag them thence—

imply that the right of suppliant was not potent to protect offenders

but was only potent to secure for them a respite from merited

punishment; moreover they imply that Eurystheus has no right to demand

the extradition of offenders without the option of a trial.[239] We

have already admitted that the right of sanctuary helped to determine

the locality of certain courts, but we have maintained[240] that it

had no essential connexion with the origin of the principle of trials

for homicide, and that its connexion with murder courts is quite

accidental. We have suggested that[241] in historical Greece trial

was a possible option for extradition in case of homicide. Hence the

refusal of Eurystheus to accept trial suggests what Demophon definitely

asserts,[242] that the ‘offence’ of the Heracleidae was not criminal but

political.

But if the Heracleidae are innocent, what shall we say of Eurystheus? Is

he not as culpable as Lycus is in the _Mad Hercules_? Is he not guilty of

plotting murder for political ends? If he is not yet αἴτιος φόνου, is he

not guilty of βούλευσις? For this crime, we have said, in early Greece,

the penalty was probably death.[243] It is, then, significant that in

this play Eurystheus is put to death by the servants of Alcmene.[244]

Both the penalty and its mode of execution are archaic. Either legend

retained these elements unadulterated in their transition down the ages,

or Euripides deliberately imported into the myth an archaic atmosphere.

In neither case is Euripides giving us the ideas of his own time, for in

historical Greece βούλευσις was not punishable by death.

Eurystheus was captured alive in the battle and hence he claims the right

of a captive warrior and demands the protection of the Athenians![245]

Alcmene, however, insists that he should be given up to her for

execution![246] What a nice legal problem was this for a litigious

Athenian audience! How replete it is with that intense human interest

which was so dear to Euripides! The conflict is skilfully depicted in

the dialogue which takes place between Alcmene and the messenger (or

the Chorus?) after the battle.[247] Eurystheus’ appeal to the ‘laws

of Greece’[248] implies the existence of international legislation

concerning the rights of war-captives, but he himself had previously

shown very little regard for the international status of exiles. In vain

does he advance the plea of self-defence against these harmless but

dangerous children! The Athenians decide to take no action. They cannot

put to death a captive taken in war. But Alcmene claims that Eurystheus

is a murderer. According to ancient practice, it is her privilege to

avenge! Moreover, so far as Alcmene is concerned, she will not bury a

man whom she believes to be a criminal.[249] But unfortunately there

was an oracle of Apollo that Eurystheus should be buried in Athens.[250]

The Athenians therefore are disposed to bury him.[251] At first Alcmene

says[252] that she will not object to the burial of Eurystheus by the

Athenians, but this assertion is incompatible with the command which

she gives to her attendants later, to deliver the dead Eurystheus to

the dogs. We may perhaps assume that she performed a mock ritual of

‘exposure’ of the dead, that she cast the body of Eurystheus beyond the

boundaries, and that afterwards his relatives removed him for sepulture.

Such is the attempt which Euripides seems to make to solve the deadlock

between two elements of Greek law, namely that which permitted the burial

of an enemy,[253] and that which forbade the burial of a murderer.[254]

In the archaic atmosphere of the play, homicide and attempted

homicide[255] are equated as identical. In the words of Eurystheus, who

declares in vain that his death will cause pollution to his slayer, we

discern at once the failure of Euripides to be consistently archaic and

the failure of a dead man’s ghost to impose ‘pollution’ in the teeth of

civic law and international religion.

THE ‘MEDEA’

In regard to the origin and the evolution of the story of Medea which is

the subject of this drama, we cannot do better than summarise the account

which Verrall gives in his edition of the play. Verrall thinks[256] that

Medea was a Phoenician moon-goddess who was worshipped at Corinth at an

early period, and to whom were offered, in sacrifice, human victims,

including children; that these rites, which in course of time assumed a

more civilised form, (when a mock ritual of human sacrifice was accepted

in the place of ancient realities,) were ‘transferred’ to the goddess

Hera; that sacred legend retained indeed a memory of Medea, but the

evolution of Corinthian religion degraded to the level of a priestess

the Medea who once had been a goddess; and that hence arose the fiction

that Medea had once slain children—in sacrifice! Later, Verrall thinks,

this Corinthian story was expanded under the influence of eastern Greek

colonisation, and legend traced in the route from the Euxine to Iolcos

the natural course of Medea’s introduction to Greek lands. Weird Asiatic

notions of sorcery and witchcraft clustered round her name; to her were

attributed the atrocities which legend-memory recorded of the Aeolidae at

Iolcos. Thus was Medea degraded not only from a goddess to a priestess,

but also from a priestess to a sorceress, and from a sorceress to the

vilest murderess whom Grecian legends knew.

If the creators of the story of Medea were ignorant of her original

character, so also naturally was Euripides. For him, Medea is not a

goddess who has assumed the form of a woman, but a woman who has not yet

put off this mortal coil, and who as yet has done little to deserve that

she should, after death, attain to divinity! As a woman, she is, despite

her magic, subject to social laws. Her deeds of blood must be regarded

from a legal standpoint, whether that standpoint is applicable to one era

or to another. Let us consider how the deeds of Medea were avenged.

First of all, she slew her brother, Apsyrtus, in Colchis, to prevent

his pursuit.[257] For this crime she paid no penalty, if we except the

exile which destiny had, in any event, decreed for her. It was quite

unnecessary for the legend-maker to invent this additional atrocity of

fratricide, for to Colchis Medea was never to return! But as exile was an

archaic Pelasgian penalty for wilful kin-slaying, this conception bears

an antique stamp which is attributable either to the antiquity of the

story or to the archaising of later minds.

Again, Medea caused the daughters of Pelias to put to death their aged

father by deluding them into the belief that by cutting him in pieces and

boiling him with certain magic potions, they would restore him to youth

and vigour.[258] Here Medea acts as the ‘plotter and contriver’[259]

of murder. In primitive as in historical[260] times, such a deed was

regarded as equally culpable with that of an actual slayer—indeed, in

the special circumstances of the case she was the real if not the actual

murderer of Pelias, and the daughters of Pelias were guilty, at most, of

involuntary slaying. We cannot of course attribute to Medea the guilt

of kin-slaying, as she was not akin to Pelias. It is more probable that

she would have been regarded, for purposes of punishment, as an ordinary

murderess. In actual fact, she and Jason were expelled from Thessaly.

Even so, in the play,[261] she still fears the vengeance of Acastus, the

son of Pelias. This fact does not imply that she was conceived as guilty

of kin-slaying, which in historical Greece was punishable by death. We

believe that the Thessalian story of Medea was not conceived from the

standpoint of historical law.

In this story there are complications of blood-vengeance which suggest

an Achaean, or rather what we may call a quasi-Achaean atmosphere.

While, in Homer,[262] Pelias, son of Poseidon, rules over Iolcos like an

Achaean, by divine right, later legend revealed that he had previously

defrauded his half-brother Aeson of the kingdom and put him to death, and

that Jason the son of Aeson had himself narrowly escaped death at his

hands. Hence it was natural that Jason, the one-sandalled hero of the

oracle,[263] should command Medea to put Pelias to death. That is the

real reason why Jason, together with Medea, was banished from Thessaly

by Acastus. This quasi-Achaean exile is therefore similar to the Achaean

‘flight from death,’ and hence it is that Medea still fears the vengeance

of Acastus.[264] When Jason arrived at Corinth, he became affianced to

the king’s daughter, just as the Achaean Tydeus became the son-in-law

of Adrastus.[265] No pollution was involved in an alliance with a

kin-slayer! The presence of such Achaean episodes in Euripides, side by

side with episodes which bear a later stamp, suggests either a marvellous

capacity for archaising on the part of the dramatist or, more probably,

the unadulterated transmission of an antique legend.[266]

The main plot of this drama reveals two further atrocities which were

perpetrated by Medea. She plots the death of her husband, of his

intended wife, Glauce, of his intended father-in-law, Kreon, King of

Corinth, and of her own two children, whom she had borne to Jason. Her

murderous plot proved successful, except in regard to Jason. Her children

she slew deliberately with her own hand. It happened, previously, that

Aegeus, King of Athens, arrived at Corinth. Medea, well aware of the

consequences of the murderous plot which she had planned, and being, in

addition, under an edict of banishment from Corinth, entreated Aegeus to

give her protection at Athens.[267] He promised to do so, but she was not

content with a promise. She bound Aegeus under a solemn oath:

Swear by the earth on which we tread, the sun,

Thy grandsire and by all the race of gods ...

That from your land you never will expel,

Nor while you live consent that any foe

Shall tear me thence.[268]

One or two problems are suggested by this quotation. If Medea had not

succeeded in securing this solemn contract on the part of Aegeus, would

she have carried out her plot? And was Aegeus bound by the oath when he

discovered the sequel? In this section of the story—which is the main

theme of our play—homicide is conceived as a ‘pollution,’[269] and in the

pollution system exile was not permitted for voluntary kin-slaying.[270]

The murder of her children was by far the most serious offence which

Medea committed, since they were her kindred. For the other deeds of

blood she could have legally sought asylum at Athens, as she was not a

citizen of that State, and the deeds had not been perpetrated there.

Medea seems to be well aware of these facts, for she utters no hint to

Aegeus of her dreadful plans. But it was her intention of slaying her

children which led her to extract from Aegeus this solemn oath. If he

had refused to swear, she would, we believe, have slain all her intended

victims, but she would then have committed suicide.

But was the oath which Aegeus swore binding in Greek international law?

Apparently Medea thought so, and Euripides seems to think so, too. The

Chorus, however, do not understand how Medea can find a refuge at Athens.

But it is only in the slaying of the children that they seem to find a

difficulty. They say[271]:

For its holy streams renowned

Can that city, can that State

Where Friendship’s generous train are found

Shelter thee from public hate,

When, defiled with horrid guilt,

Thou thy children’s blood hast spilt?

Think on this atrocious deed

Ere the dagger aim the blow.

But at the end of the play the Sun-god, the grandfather of Medea,

places his chariot at her disposal in order to facilitate her journey

to Athens,[272] the Corinthian gods accepting, as an expiation, the

establishment by blood-stained hands of a festival and mystic rites![273]

Jason is foredoomed to death,[274] and we are told that Medea will escape

the Erinnyes of her children![275]

Poine: a study in ancient Greek blood-vengeance · 第 9 / 10 章