On the Mysteries

Andocides

On the Mysteries

Andocides · Smysteries Proof · perseus-eng2 · More by Andocides

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Proof.71

Admittedly, Cephisius here conformed with the law as it stands in lodging his information against me; but he is resting his case upon an old decree, moved by Isotimides,

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which does not concern me at all. Isotimides proposed to exclude from temples all who had committed an act of impiety and admitted their guilt. I have done neither: I have not committed any act of impiety, nor have I admitted guilt.

Proof.72

Further, I will prove to you that the decree in question has been repealed and is void. I shall be adopting a dangerous line of defence here, I know; if I fail to convince you, I shall myself be the sufferer, and if I succeed in convincing you, I shall have cleared my opponents.

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However, the truth shall be told.

Proof.73

After the loss of your fleet and the investment of AthensThe fleet was lost at Aegospotami, Sept. 405; this disaster was followed by the siege of Athens, which finally capitulated in April 404. The decree of Patrocleides was passed in the autumn of 405. you discussed ways and means of re-uniting the city. As a result you decided to reinstate those who had lost their civic rights, a resolution moved by Patrocleides. Now who were the disfranchised, and what were their different disabilities? I will explain.For the relevance of the following paragraphs see Introd. pp. 331-332. First, state-debtors. All who had been condemned on their accounts when vacating a public office, all who had been condemned as judgement-debtors,Persons against whom judgement had been given in a civil action, but who refused (a) to pay the damages awarded to the plaintiff by the court, (b) to cede to the plaintiff property to which he had established his claim, were liable to a δίκη ἐξούλης. Such suits were common at Athens, where the machinery for ensuring that a judgement was enforced was lamentably defective. all those fined in a public action or under the summary jurisdiction of a magistrate, all who farmed taxes and then defaulted or were liable to the state as sureties for a defaulter,Tax-farmers usually formed themselves into companies headed by an ἀρχώνης who personally contracted with the state for the purchase of the right to collect a given tax. The agreed sum was not paid until the tax had been collected; and so the ἀρχώνης had to furnish sureties, who became liable if he himself defaulted. It was the practice to auction the various taxes, the highest bidder obtaining the right to farm them, cf. Andoc. 1.133. had to pay within eight Prytanies; otherwise, the sum due was doubled and the delinquent’s property distrained upon.The six classes of state-debtor here enumerated suffered disfranchisement only so long as their debt remained unpaid. They were allowed eight Prytanies (i.e. roughly nine months) in which to find the money; at the end of that time their property was distrained upon for double the original amount. Should the confiscation fail to produce the requisite sum, they remained ἄτιμοι until the balance was forthcoming.

Proof.74

Such was one form of disfranchisement. According to a second, delinquents lost all personal rights, but retained possession of their property. This class included all persons convicted of theft or of accepting bribes—it was laid down that both they and their descendants should lose their personal rights. Similarly, all who deserted on the field of battle, who were found guilty of evasion of military service, of cowardice, or of withholding a ship from action,

Proof.74

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all who threw away their shields, or were thrice convicted of giving perjured evidence or of falsely endorsing a summons,

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or who were found guilty of maltreating their parents, were deprived of their personal rights, while retaining possession of their property.

Proof.75

Others again had their rights curtailed in specified directions; they were only partially, not wholly, disfranchised. The soldiers who remained in

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Athens

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under the Four Hundred are a case in point.

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They enjoyed all the rights of ordinary citizens, except that they were forbidden to speak in the Assembly or become members of the Council. They lost their rights in these two respects, because in their case the limited disability took this particular form.

Proof.76

Others were deprived of the right of bringing an indictment, or of lodging an information: others of sailing up the Hellespont, or of crossing to Ionia: while yet others were specifically debarred from entering the Agora. You enacted, then, that both the originals and all extant copies of these several decrees should be cancelled, and your differences ended by an exchange of pledges on the Acropolis. Kindly read the decree of Patrocleides whereby this was effected.The decree reinstates (a) public debtors whose names were still on the official registers in June-July 405, (b) political offenders who had suffered ἀτιμία in 410 after the downfall of the Four Hundred and the restoration of the full democracy. These include both members of the Four Hundred and their supporters. An exception is made, however, of those oligarchs who fled to Decelea (e.g. Peisander and Charicles), and of persons in exile for homicide, massacre, or attempted tyranny. The last two crimes are only mentioned because Patrocleides is here quoting from a law of Solon’s and wishes to be complete. Trials for massacre or attempted tyranny had long been unheard of. For the text of the Solonian law see Plut. Sol. 19.

Proof.77

Decree.—On the motion of Patrocleides: whereas the Athenians have enacted that persons disfranchised and public debtors may speak and propose measures in the Assembly with impunity, the People shall pass the decree which was passed at the time of the Persian Wars and which proved of benefit to Athens. As touching such of those registered with the Superintendents of Revenue, the Treasurers of Athena and the other Deities, or the Basileus, as had not been removed from the register before the last sitting of the Council in the archonship of Callias,Callias was Archon from 406 to 405. His year of office terminated in June-July 405, and the Decree of Patrocleides followed during the autumn.:

Proof.78

all who before that date had been disfranchised as debtors: or had been found guilty of maladministration by the Auditors and their assessors at the Auditors’ offices: or had been indicted for maladministration, but had not as yet been publicly tried: or 〈had been condemned to suffer〉 specific disabilities: or had been condemned as sureties for a defaulter; and all who were recorded as members of the Four Hundred: or who had recorded against them any act performed under the oligarchy—alway excepting those publicly recorded as fugitives: those who have been tried for homicide by the Areopagus, or by the Ephetae, whether sitting at the Pryaneum or the Delphinium, under the Presidency of the Basileus, and are now in exile or under sentence of deathThe Areopagus tried cases of wilful murder. The fifty-one Ephetae sat in different courts according to the nature of the offence which they were trying, but always in the open air for religious reasons. Sitting ἐπὶ Πρυτανείῳ, in the precincts of the Prytaneum, they heard cases of justifiable homicide ( φόνος δίκαιος): sitting ἐπὶ Δελφινίῳ, in the precincts of the temple of Apollo Delphinius, they heard cases of homicide where the criminal was a person or persons unknown or where death had been caused by an inanimate instrument. They further met ἐπὶ Παλλαδίῳ to try cases of φόνος ἀκούσιος and βούλευσις φόνου ἀκουσίου(cf. Antiphon, Choreutes, lntrod.); and in Phreatto, a quarter of Peiraeus on the sea-shore, to try persons already in exile for homicide and charged with a second murder, committed before they quitted Attica. The accused pleaded from a boat. These last two courts are not mentioned here. See also Antiphon, Tetralogies, Gen. Introd.: and those guilty of massacre or attempted tyranny—

Proof.79

shall one and all have their names everywhere cancelled by the Superintendents of Revenue and by the Council in accordance with the foregoing, wherever any public record of their offence be found; and any copies of such records which anywhere exist shall be produced by the Thesmothetae and other magistrates. This shall be done within three days after the consent of the People has been given. And no one shall secretly retain a copy of those records which it has been decided to cancel, nor shall he at any time make malicious reference to the past. He who does so shall be liable to the punishment of fugitives from the court of the Areopagusi.e. be put to death, if he is ever apprehended within the dominions of Athens.: to the end that the Athenians may live in all security both now and hereafter.

Proof.80

By this decree you reinstated those who had lost their rights; but neither the proposal of Patrocleides nor your own enactment contained any reference to a restoration of exiles. However, after you had come to terms with

Proof.80

Sparta

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and demolished your walls, you allowed your exiles to return too.

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Then the Thirty came into power, and there followed the occupation of

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Phyle

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and Munychia, and those terrible struggles which I am loath to recall either to myself or to you.

Proof.81

After your return from Peiraeus

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you resolved to let bygones be bygones, in spite of the opportunity for revenge. You considered the safety of

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Athens

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of more importance than the settlement of private scores; so both sides, you decided, were to forget the past. Accordingly, you elected a commission of twenty to govern

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Athens

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until a fresh code of laws had been authorized; during the interval the code of Solon and the statutes of Draco were to be in force.

Proof.82

However, after you had chosen a Council by lot and elected Nomothetae,

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you began to discover that there were not a few of the laws of Solon and Draco under which numbers of citizens were liable, owing to previous events. You therefore called a meeting of the Assembly to discuss the difficulty, and as a result enacted that the whole of the laws should be revised and that such as were approved should be inscribed the Portico.

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Kindly read the decree.

Proof.83

Decree.—On the motion of TeisamenusOne of the 500 Nomothetae. the People decreed that Athens be governed as of old, in accordance with the laws of Solon, his weights and his measures, and in accordance with the statutes of Draco, which we used aforetime. Such further laws as may be necessary shall be inscribed upon tables by the Nomothetae elected by the Council and named hereafter, exposed before the Tribal Statutes for all to see, and handed over to the magistrates during the present month.

Proof.84

The laws thus handed over, however, shall be submitted beforehand to the scrutiny of the Council and the five hundred Nomothetae elected by the Demes, when they have taken their oath. Further, any private citizen who so desires may come before the Council and suggest improvements in the laws. When the laws have been ratified, they shall be placed under the guardianship of the Council of the Areopagus, to the end that only such laws as have been ratified may be applied by magistrates. Those laws which are approved shall be inscribed upon the wall, where they were inscribed aforetime, for all to see.

Proof.85

There was a revision of the laws, gentlemen, in obedience to this decree, and such as were approved were inscribed in the Portico. When this had been done, we passed a law which is universally enforced. Kindly read it. Law.—In no circumstances shall magistrates enforce a law which has not been inscribed.

Proof.86

Is any loophole left here? Can a single suit be brought before a jury by a magistrate or set in motion by one of you, save under the laws inscribed? Then if it is illegal to enforce a law which has not been inscribed, there can surely be no question of enforcing a decree which has not been inscribed. Now when we saw that a great many citizens had been placed in a serious position either by previous laws or by previous decrees, we enacted the laws which follow as a safeguard against the very thing which is now going on; we wished to prevent anything of the kind happening, that is to say, and to make it impossible for anyone to prosecute from malice. Kindly read the laws.

Proof.87

Laws.—In no circumstances shall magistrates enforce a law which has not been inscribed. No decree, whether of the Council or Assembly, shall override a law. No law shall be directed against an individual without applying to all citizens alike, unless an Assembly of six thousand so resolve by secret ballot.A reference to ostracism. What was needed to complete the list? Only the following law, which I will ask the clerk to read to you. Law.—All decisions given in private suits and by arbitrators under the democracy shall be valid. But of the laws only those passed since the archonship of Eucleidesi.e. later than midsummer, 403. shall be enforced.

Proof.88

The validity of decisions given in private suits and by arbitrators under the democracy you upheld, gentlemen; and you did so to avoid the cancelling of debts and the reopening of such suits, and to ensure the enforcement of private contracts. On the other hand, in the matter of public offences dealt with by indictment, denunciation, information, or arrest, you enacted that only such laws should be enforced as had been passed since the archonship of Eucleides.

Proof.89

Now you decided that the laws were to be revised and afterwards inscribed that in no circumstances were magistrates to enforce a law which had not been inscribed: that no decree, whether of the Council or the Assembly, was to override a law: that no law might be directed against an individual without applying to all citizens alike: and that only such laws as had been passed since the archonship of Eucleides were to be enforced. In view of this, can any decree passed before the archonship of Eucleides, whatever its importance or unimportance, still remain in force? I for one think not, gentlemen. Just consider the matter for yourselves.

Proof.90

And now, what of your oaths? First, the oath in which the whole city joined, the oath which you swore one and all after the reconciliation:

Proof.90

. . . and I will harbour no grievance against any citizen, save only the Thirty, the Ten,The board of ten set up by Lysander in Peiraeus. It was overthrown by Thrasybulus at the end of 404. The Eleven are, of course, the ordinary police-magistrates who had been compelled by the Thirty to do their bidding. and the Eleven: and even of them against none who shall consent to render account of his office.

Proof.90

After swearing to forgive even the Thirty, whom you had to thank for sufferings untold, provided that they rendered account of themselves, you can have been in very little hurry to harbour grievances against the ordinary citizen. Again, what is the oath sworn by the Council when it takes office?

Proof.91

. . . and I will allow no information or arrest arising out of past events, save only in the case of those who fled from Athens.

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And what is your own oath as jurors, gentlemen?

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. . . and I will harbour no grievance and submit to no influence, but will give my verdict in accordance with the laws in force at the present time.

Proof.91

Let those oaths help you to decide whether I am right when I say that I am championing yourselves and the laws.

Proof.92

And now, gentlemen, consider how my accusers stand with regard to the laws. They are prosecuting others; but what is their own position? Cephisius here purchased from the state the right to collect certain public rents, and obtained thereby a return of ninety minae from the farmers occupying the lands concerned. He then defaulted; and since he would have been placed in close confinement had he appeared in Athens

Proof.93

—it being laid down by law that any defaulting tax farmer may be so punished by the Council—he retired into exile. Owing, however, to the fact that you decided to apply only those laws passed since the archonship of Eucleides, Cephisius considers himself entitled to keep his profits from your lands. He is no longer an exile, but a citizen: no longer an outcast without rights, but an informer—and all because you are applying only the revised laws.

Proof.94

Then there is Meletus here. Meletus arrested Leon

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under the Thirty, as you all know; and Leon was put to death without a trial. But we find it laid down that there shall be no distinction between the principal who plans a crime and the agent who commits it; the law not only existed in the past, but still exists and is still enforced because of its fairness. Quite so; but Leon’s sons cannot prosecute Meletus for murder, because only laws passed since the archonship of Eucleides can be enforced. The fact of the arrest, of course, is not denied, even by Meletus himself.

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Proof.95

Then Epichares here, an utter blackguard, and proud of it, a man who does his best not to let his own bygones be bygones—friend Epichares served on the Council under the Thirty. And yet what does the law upon the stone in front of the Council-chamber say? Whosoever shall hold a public office after the suppression of the democracy may be slain with impunity. No taint shall rest upon his slayer, and he shall possess the goods of the slain. Thus as far as Solon’s law is concerned, Epichares, it is clear that anyone can kill you here and now without defiling his hands.

Proof.96

Kindly read the law from the stone Law.—The decree was passed after the restoration of the full democracy in 410. Demophantus is a member of the board of συγγραφεῖς(compilers) appointed to revise the laws. The revision was not completed until after the appointment of the 500 Nomothetae in 403 for a similar purpose. The decree was based on a Solonian law(Andoc. 1.95 ad fin.); hence the reference in it to tyranny. Enacted by the Council and People. Prytany of the tribe Aeantis. Secretary: Cleigenes. President: Boethus. The enactment following was framed by Demophantus and his colleagues. The date of this decree is the first sitting of the Council of Five Hundred, chosen by lot, at which Cleigenes acted as Secretary. If anyone shall suppress the democracy at Athens or hold public office after its suppression, he shall become a public enemy and be slain with impunity; his goods shall be confiscated and a tithe given to the Goddess.

Proof.97

No sin shall he commit, no defilement shall he suffer who slays such an one or who conspires to slay him. And all the Athenians shall take oath by tribes and by demes over a sacrifice without blemish to slay such an one. And this shall be the oath: If it be in my power, I will slay by word and by deed, by my vote and by my hand, whosoever shall suppress the democracy at Athens, whosoever shall hold any public office after its suppression, and whosoever shall attempt to become tyrant or shall help to instal a tyrant. And if another shall slay such an one, I will deem him to be without sin in the eyes of the gods and powers above, as having slain a public enemy. And I will sell all the goods of the slain and will give over one half to the slayer, and will withhold nothing from him.

Proof.98

And if anyone shall lose his life in slaying such an one or in attempting to slay him, I will show to him and to his children the kindness which was shown to Harmodius and Aristogeiton and to their children. And all oaths sworn at Athens or in the armyAt Samos in 411, where Peisander had at first successfully intrigued for the overthrow of the democracy at home. or elsewhere for the overthrow of the Athenian democracy I annul and abolish. All the Athenians shall take this oath over a sarifice without blemish, as the law enjoins, before the Dionysia. And they shall pray that he who observes this oath may be blessed abundantly: but that he who observes it not may perish from the earth, both he and his house.

Proof.99

Well, Mr. Informer, is this law in force? Yes or no, you practised villain?

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Proof.99

No; and the reason for that is of course that only laws passed after the archonship of Eucleides can be applied. That is how you come to be walking about this city alive—hardly the fate which you deserved after making a living as a common informer under the democracy, and becoming the tool of the Thirty under the oligarchy to avoid having to disgorge your profits.

Proof.100

But that is not enough. You actually talk to me of my intrigues!

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Proof.100

You actually hold others up to censure— you, who had not the decency to confine your own intrigues to but a single admirer, but welcomed the entire world for next to nothing, as the court knows, and supported yourself by vice, your villainous appearance notwithstanding.

Proof.101

But yet, although your laws deny him even the right of defending himself,

Proof.101

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Proof.101

the fellow has the impudence to accuse others. Really, gentlemen, as I sat watching him make his speech for the prosecution, I quite thought that I had been arrested and put on trial by the Thirty. Who would have prosecuted, if I had found myself in court in those days? Epichares, none other. There he would have been, ready with a charge, unless I bought him off. And here he is once more. Who, again, but Charicles

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would have cross-examined me?

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Tell me Andocides,

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he would have asked,

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did you go to DeceleaIn 411, with the Four Hundred when they were overthrown. and occupy it as a menace to your country?

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I did not.

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Well, did you lay Attica waste and pillage your fellow Athenians by land or by sea?

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No.

Proof.101

Then at least you fought Athens at sea,At Aegospotami, 405 B.C. Possibly this is a reference to the treachery of the pro-Spartan elements in the Athenian navy during the battle. More probably Charicles is thinking of Athenian exiles who served with the Spartan forces. or helped to demolish her walls or put down her democracy, or reinstalled yourself by force?

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No, I have done none of those things either.

Proof.101

Then do you expect to escape the fate of so many others?

Proof.102

Do you not agree, gentlemen, that that is just how I would have been treated for remaining loyal to you, had I fallen into the clutches of the Thirty? Then will it not be a travesty of justice if a man whom the Thirty would have put to death, as they did others, for failing to commit any act of disloyalty to Athens, is not to be acquitted when tried before you whom he refused to wrong? Such a thing would be an outrage. It would make acquittal next to impossible in any case whatsoever.

Proof.103

The truth is, gentlemen, that although the prosecution may have availed themselves of a perfectly valid law in lodging their information against me, they based their charge upon that old decree which is concerned with an entirely different matter. So if you condemn me, beware: you will find that a host of others ought to be answering for their past conduct with far more reason than I. First there are the men who fought you, with whom you swore oaths of reconciliation: then there are the exiles whom you restored: and finally there are the citizens whose rights you gave back to them. For their sakes you removed stones of record, annulled laws, and cancelled decrees; and it is because they trust you that they are still in Athens, gentlemen.

Proof.104

What, do you imagine, will they presume their own position to be, if they find that you are allowing prosecutions for past conduct? Will any of them be ready to stand trial for his past conduct? Yet enemies and informers will spring up right and left, ready to bring every man of them into court.

Proof.105

Today both parties have come to listen, but from very different motives. One side wants to know whether they are to rely upon the laws as they now stand and on the oaths which you and they swore to one another; while the others have come to sound our feelings, to find out whether they will be given complete licence to fill their pockets by indictments,or informations, maybe, or arrests. Thus the truth the matter is, gentlemen, that although it is my life alone which is at stake in this trial, your verdict will decide for the public at large whether they are to put faith in your laws, or whether, on the other hand, they must choose between buying off informers and quitting Athens as fast as they can.

Proof.106

Your measures for reuniting

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Athens

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, gentlemen, have not been wasted; they were appropriate, and they were sound policy. To convince you of this, I wish to say a few words with regard to them. Those were dark days for

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Athens

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when the tyrants ruled her and the democrats were in exile. But, led by Leogoras, my own great-grandfather, and Charias, whose daughter bore my grandfather to Leogoras, your ancestors crushed the tyrants near the temple at

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Pallene

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,

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and came back to the land of their birth. Some of their enemies they put to death, some they exiled, and some they allowed to live on in

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Athens

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without the rights of citizens.

Proof.107

Later the Great King invaded Greece. As soon as our fathers saw what an ordeal faced them and what vast forces the King was assembling, they decreed that exiles should be restored and disfranchised citizens reinstated, that these too should take their part in the perilous struggle for deliverance. After passing this decree, and exchanging solemn pledges and oaths, they fearlessly took up their stand as the protectors of the whole of Greece, and met the Persians at Marathon; for they felt that their own valour was itself a match for the enemy hordes. They fought, and they conquered. They gave back Greece her freedom, and they delivered Attica, the land of their birth.

Proof.108

After their triumph, however, they refused to revive old quarrels. And that is how men who found their city a waste, her temples burnt to the ground, and her walls and houses in ruins, men who were utterly without resources,

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brought

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Greece

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under their sway and handed on to you the glorious and mighty

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Athens

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of today—by living in unity. Long afterwards you in your turn had to face a crisis just as great

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;

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and by deciding to restore your exiles and give back their rights to the citizens who had lost them you showed that you still had the noble spirit of your forefathers. What, then, have you still to do to equal them in generosity? You must refuse to cherish grievances, gentlemen, remembering that Athens had far less in the old days upon which to build her greatness and prosperity. The same greatness and prosperity are hers still, were only we, her citizens, ready to control our passions and live in unity.

Proof.110

The prosecution have also accused me in connexion with the suppliant’s bough. They allege that it was I who placed it in the Eleusinium,

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and that under ancient law the penalty for doing such a thing during the Mysteries is death. The impudence of it! They resort to a ruse for my undoing, but will not leave well alone when their plot proves a failure. They proceed to bring a formal accusation against me in spite of it.

Proof.111

It was on our return from

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Eleusis

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, after the information had already been lodged against me.

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The Basileus appeared before the Prytanes to give the usual report on all that had occurred during the performance of the ceremonies there. The Prytanes said that they would bring him before the Council, and told him to give Cephisius and myself notice to attend at the Eleusinium, as it was there that the Council was to sit in conformity with a law of Solon’s, which lays down that a sitting shall be held in the Eleusinium on the day after the Mysteries. We duly attended;

Proof.112

and when the Council had assembled, Callias, son of Hipponicus, who was wearing his ceremonial robes,

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Proof.112

rose and announced that a suppliant’s bough had been placed on the altar. He displayed this bough to the Council. Thereupon the herald

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Proof.112

called for the person responsible. There was no reply, although I was standing close by and in full view of Cephisius. When no one replied, and Eucles here, who had come out to inquire, had disappeared inside once more—but call him. Now, Eucles, testify whether these facts are correct to start with.

Proof.113

Evidence The truth of my account has been attested and it seems to me to contradict the prosecution’s story flatly. The prosecution, you may remember, alleged that the Two Goddesses themselves infatuated me and made me place the bough on the altar in ignorance of the law, in order that I might be punished. But I maintain, gentlemen, that even if every word of the prosecution’s story is true, it was the Goddesses themselves who saved my life.

Proof.114

Suppose that I laid the bough there, and then failed to answer the Herald. Was it not I myself who was bringing about my doom by putting the bough on the altar? And was it not a piece of good fortune, my silence, that saved me, a piece of good fortune for which I clearly had the Two Goddesses to thank? Had the Goddesses desired my death, I ought surely to have confessed that I had laid the bough there, even though I had not done so. As it was, I did not answer, nor had I placed the bough on the altar.

Proof.115

When Eucles informed the Council that there had been no response, Callias rose once more and said that under an ancient law, as officially interpreted on a former occasion by his father, Hipponicus, the penalty for placing a bough in the Eleusinium during the Mysteries was instant death. He added that he had heard that it was I who had put it there. Thereupon Cephalus here leapt to his feet and cried:

Proof.116

Callias, you impious scoundrel, first you are giving interpretations, when you have no right to do such a thing as a member of the Ceryces. ἐξήγησις was the prerogative of Eulmopidae alone. Then you talk of an ‘ancient law,’ when the stone at your side lays down that the penalty for placing a bough in the Eleusinium shall be a fine of a thousand drachmae. And lastly, who told you that Andocides had put the bough there? Summon him before the Council, so that we too may hear what he has to say.

Proof.116

The stone was read, and Callias could not say who his informant was. It was thus clear to the Council that he had put the bough there himself.

Proof.117

And now, gentlemen, you would perhaps like to know what motive Callias had in putting the bough on the altar. I will explain why he tried to trap me. Epilycus, son of Teisander, was my uncle, my mother’s brother.

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He died in

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Sicily

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without male issue, but left two daughters who ought now to have passed to Leagrus and myself.

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Proof.118

His private affairs were in confusion. The tangible property which he left did not amount to two talents, while his debts came to more than five. However, I arranged a meeting with Leagrus

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before our friends and told him that this was the time for decent men to show their respect for family ties.

Proof.119

We have no right to prefer a wealthy or successful alliance and look down upon the daughters of Epilycus, I argued: for if Epilycus were alive, or had died a rich man, we should be claiming the girls as their next of kin. We should have married them then either because of Epilycus himself or because of his money; we will do the same now because we are men of honour. Do you obtain an order of the court for the one, and I will do the same for the other.

Proof.120

He assented, gentlemen; so in accordance with our agreement we both applied for an order of the court. The girl claimed by me happened to fall ill, and died; the other is still alive. Now Callias tried to bribe Leagrus into letting him have this second daughter.

Proof.120

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Directly I heard of it, I deposited a fee,

Proof.120

2

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and began by obtaining leave to proceed against Leagrus, to this effect:

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If you will claim the girl for yourself, take her and good luck to you. If not, I will claim her myself.

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3

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As soon as Callias learned of this, he entered a claim for the girl in his son’s name, on the tenth of the month, to prevent me from obtaining an order. Soon after the twentieth,

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1

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during the Mysteries which are just over, he gives Cephisius a thousand drachmae, gets an information lodged against me, and involves me in today’s trial. Then, when he saw that I was standing my ground, he put the bough on the altar, intending to have me either put to death without a trial or banished, and then to marry the daughter of Epilycus himself by bribing Leagrus.

Proof.122

However, he saw that even thus he would not get his way without coming into court; so he approached Lysistratus, Hegemon, and Epichares, whom he saw to be intimate friends of mine. He had insolence enough, he had contempt enough for the law to inform them that if I was prepared even now to relinquish my claims to the daughter of Epilycus, he was ready to stop persecuting me, to call off Cephisius, and to make amends for his behaviour with our friends as arbitrators.

Proof.123

I told him to proceed with his case and hire still more help. But if the people of Athens return a true verdict and I escape you, I warned him, you will find that it is your turn, I think, to fight for your life. And with your permission, gentlemen, I will not disappoint him. Kindly call witnesses to confirm what I have been saying.

Proof.124

Witnesses But you must let me tell you how the son to whom Callias tried to have the daughter of Epilycus awarded was born and acknowledged by his father; it is quite worth hearing, gentlemen. Callias married a daughter of Ischomachus; but he had not been living with her a year before he made her mother his mistress. Was ever man so utterly without shame? He was the priest of the Mother and the Daughter; yet he lived with mother and daughter and kept them both in his house together.

Proof.125

The thought of the Two Goddesses may not have awoken any shame or fear in Callias; but the daughter of Ischomachus thought death better than an existence where such things went on before her very eyes. She tried to hang herself: but was stopped in the act. Then, when she recovered, she ran away from home; the mother drove out the daughter. Finally Callias grew tired of the mother as well, and drove her out in her turn. She then said she was pregnant by him; but when she gave birth to a son, Callias denied that the child was his.

Proof.126

At that, the woman’s relatives came to the altar at the Apaturia

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1

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with the child and a victim for sacrifice, and told Callias to begin the rites. He asked whose child it was.

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The child of Callias, son of Hipponicus,

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they replied.

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But I am he.

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Yes, and the child is yours.

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Callias took hold of the altar and swore that the only son he had or had ever had was Hipponicus, and the mother was Glaucon’s daughter. If that was not the truth, he prayed that he and his house might perish from the earth—as they surely will.

Proof.127

Now some time afterwards, gentlemen, he fell in love with the abandoned old hag once more and welcomed her back into his house, while he presented the boy, a grown lad by this time, to the Ceryces, asserting that he was his own son. Calliades opposed his admission; but the Ceryces voted in favour of the law which they have, whereby a father can introduce his son, if he swears that it is his own son whom he is introducing. So Callias took hold of the altar and swore that the boy was his legitimate son by Chrysilla. Yet he had disowned that same son. Call witnesses to confirm all this, please.

Proof.128

Witnesses Let us just see, gentlemen, whether anything of this kind has ever happened in Greece before. A man marries a wife, and then marries the mother as well as the daughter. The mother turns the daughter out. Then, while living with the mother, he wants to marry the daughter of Epilycus, so that the granddaughter can turn the grandmother out. Why, what ought his child to be called?

Proof.129

Personally, I do not believe that there is anyone ingenious enough to find the right name for him. There are three women with whom his father will have lived: and he is the alleged son of one of them, the brother of another, and the uncle of the third. What ought a son like that to be called? Oedipus, Aegisthus, or what?

Proof.130

As a matter of fact, I want to remind you briefly, gentlemen, of a certain incident connected with Callias. As you may remember, when

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Athens

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was mistress of

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Greece

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and at the height of her prosperity, and Hipponicus was the richest man in

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Greece

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, a rumour with which you are all familiar was on the lips of little children and silly women throughout the city:

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Hipponicus,

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they said,

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has an evil spirit in his house, and it upsets his books.

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You remember it, gentlemen.

Proof.131

Now in what sense do you think that the saying current in those days proved true? Why, Hipponicus imagined that he had a son in his house; but that son was really an evil spirit, which has upset his wealth, his morals, and his whole life. So it is as Hipponicus’ evil spirit that you must think of Callias.

Proof.132

Now take my other accusers, Callias’ partners, who have helped to institute this trial and have financed the prosecution. Why, I ask, did it never strike them that I was committing sacrilege during the three years which I have spent in

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Athens

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since my return from

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Cyprus

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? I initiated A— from

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Delphi

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and other friends of mine besides from outside Attica, and I frequented the Eleusinium and offered sacrifices, as I consider I have a perfect right to do. Yet so far from prosecuting, they actually proposed me for public services, first as Gymnasiarch

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1

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at the Hephaestia, then as head of the state deputation to the Isthmus and to

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Olympia

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,

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2

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and finallyas Treasurer of the Sacred Monies on the Acropolis.

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3

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Today, on the other hand, I commit a sacrilege and a crime by entering a temple.

Proof.133

I will tell you the reason for this change of front. Last year and the year before our honest Agyrrhius here was chief contractor for the two per cent customs duties.

Proof.133

1

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He farmed them for thirty talents, and the friends he meets under the poplar

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2

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all took shares with him. You know what they are like; it is my belief that they meet there for a double purpose: to be paid for not raising the bidding, and to take shares in taxes which have been knocked down cheap.

Proof.134

After making a profit of six talents, they saw what a gold-mine the business was; so they combined, gave rival bidders a percentage, and again offered thirty talents. There was no competition; so I went before the Council and outbid them, until I purchased the rights for thirty-six talents. I had ousted them. I then furnished you with sureties, collected the tax, and settled with the state. I did not lose by it, as my partners and I actually made a small profit. At the same time I stopped Agyrrhius and his friends from sharing six talents which belonged to you.

Proof.135

They saw this themselves, and discussed the situation. This fellow will not take any of the public money himself, they argued, and he will not let us take any either. He will be on the watch and stop our sharing what belongs to the state; and furthermore, if he catches any of us acting dishonestly, he will bring him into the public courts and ruin him. He must be got rid of at all costs.

Proof.136

The prosecution were bound to behave thus, gentlemen; but you must do the opposite: for I should be happy to see you with as many men as possible like myself and to see my accusers stamped out of existence, or at least confronted by those who will not countenance their activities. Such men should show themselves staunch and impartial champions of your interests, and they will be able to serve you well, if they are willing to do so. I for one promise you either to put a stop to the practices of the prosecution and render them better citizens, or to bring such of them as are guilty of criminal behaviour into court and have them punished.

Proof.137

The prosecution have also found grounds for attacking me in the fact that I am a merchant who owns ships. We are asked to believe that the only object of the gods in saving me from the dangers of the sea was, apparently, to let Cephisius put an end to me when I reached Athens. No, gentlemen. I for one cannot believe that if the gods considered me guilty of an offence against them, they would have been disposed to spare me when they had me in a situation of the utmost peril—for when is man in greater peril than on a winter sea-passage? Are we to suppose that the gods had my person at their mercy on just such a voyage, that they had my life and my goods in their power, and that in spite of it they kept me safe?

Proof.138

Why, could they not have caused even my corpse to be denied due burial? Furthermore, it was war-time; the sea was infested with triremes and pirates, who took many a traveller prisoner, and after robbing him of his all, sent him to end his days in slavery. And there were foreign shores on which many a traveller had been wrecked, to be put to death after meeting with shameful indignities and maltreatment.

Proof.139

Is it conceivable that the gods saved me from perils of that nature, only to let themselves be championed by Cephisius, the biggest scoundrel in Athens, whose citizen he claims to be when he is nothing of the kind, and whom every one of you sitting in this court knows too well to trust with any thing belonging to him? No, gentlemen; to my mind the dangers of a trial like the present are to be regarded as the work of man, and the dangers of the sea as the work of God. So if we must perforce speculate about the gods, I for one am sure that they would be moved to the deepest wrath and indignation to see those whom they had themselves preserved brought to destruction by mortal men.

Proof.140

There is yet another thing worth your consideration, gentlemen. At the moment the whole of Greece thinks that you have shown the greatest generosity and wisdom in devoting yourselves, not to revenge, but to the preservation of your city and the reuniting of its citizens. Many before now have suffered no less than we; but it is very rightly recognized that the peaceable settlement of differences requires generosity and self-control. Now it is acknowledged on all sides, by friend and foe alike, that you possess those gifts. So do not change your ways: do not hasten to rob Athens of the glory which she has gained thereby, or allow it to be supposed that you authorized your decree more by chance than by intention.

Proof.141

I beg you one and all, then, to hold towards me the feelings which you hold towards my ancestors, so that I may have the opportunity of imitating them. They rank, remember, among the most tireless and the greatest benefactors of our city; and foremost among the many motives which inspired them came devotion to your welfare and the hope that if they or any of their children were ever in danger or distress, they would find protection in your sympathy. You have good reason, indeed, for remembering them;

Proof.142

for from the heroic deeds of your own forefathers

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Athens

Proof.142

as a whole received inestimable benefit. After the loss of our fleet, when there was a general desire to cripple

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Athens

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forever, the Spartans, although our enemies at the time, decided to spare her because of the valiant exploits of those heroes who had led the whole of

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Greece

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to freedom.

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Now since Athens as a city was spared because of the brave exploits of your forefathers, I likewise claim to be spared because of the brave deeds of mine; for my own forefathers themselves played no small part in those very exploits to which Athens owed her salvation, and I therefore have the right to expect from you the mercy shown to you yourselves by the Greeks.

Proof.144

Think, furthermore, what a citizen you will have in me, if you give me your protection. I was once, as you know, a man of great wealth. Then to begin with, through no fault of my own, but through the disasters which overtook

Proof.144

Athens

Proof.144

, I was plunged into utter penury and want. I then started life afresh, a life of honest toil, with my brains and my hands to help me. Nay more, I not only know what it is to be the citizen of a city such as this; I know what it is to be an alien sojourning in the lands of neighbouring peoples; I have learnt the meaning of self-control and good sense; I have learnt what it is to suffer for one’s mistakes.

Proof.144

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Proof.145

I have been on terms of familiarity with many, and I have had dealings with still more. In consequence, I have formed ties and friendships with kings, with states, and with individuals too, in plenty. Acquit me, and you will share in them all, and be able to make use of them whenever occasion may arise.

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