---
title: "On the Mysteries · Περὶ τῶν μυστηρίων"
author: "Andocides"
translator: "Kenneth John Maidment"
languages: [grc, en]
shelf: "Classical Greek"
section: 2 of 3
url: https://scriptura.si/works/andocides-on-the-mysteries/2/
cite: "Andocides, tr. Kenneth John Maidment, On the Mysteries · Περὶ τῶν μυστηρίων, section 2. Scriptura (scriptura.si), https://scriptura.si/works/andocides-on-the-mysteries/2/"
---

# On the Mysteries · Περὶ τῶν μυστηρίων

*Andocides, tr. Kenneth John Maidment*

Andocides defends himself against the charge of impiety, telling his own part in the scandal of the mutilated Herms in 415 BC.

> Greek: ed. Kenneth John Maidment, from the Perseus Digital Library (canonical-greekLit, tlg0027.tlg001, CC BY-SA 4.0).

> English: Kenneth John Maidment, from the Perseus Digital Library (tlg0027.tlg001.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## 2. Sections 48–99

Source: https://scriptura.si/works/andocides-on-the-mysteries/2/ · cite a paragraph as https://scriptura.si/works/andocides-on-the-mysteries/2/#p-N

[¶0] 48. We were all thrown into one prison. Darkness fell, and the gates were shut. Mothers, sisters, wives, and children had gathered. Nothing was to be heard save the cries and moans of grief-stricken wretches bewailing the calamity which had overtaken them. In the midst of it all, Charmides, a cousin of my own age who had been brought up with me in my own home since boyhood, said to me:

> Greek: 48. ἐπειδὴ δὲ ἐδεδέμεθα πάντες ἐν τῷ αὐτῷ καὶ νύξ τε ἦν καὶ τὸ δεσμωτήριον συνεκέκλῃτο, ἧκον δὲ τῷ μὲν μήτηρ τῷ δὲ ἀδελφὴ τῷ δὲ γυνὴ καὶ παῖδες, ἦν δὲ βοὴ καὶ οἶκτος κλαόντων καὶ ὀδυρομένων τὰ παρόντα κακά, λέγει πρός με Χαρμίδης, ὢν μὲν ἀνεψιός, ἡλικιώτης δὲ καὶ συνεκτραφεὶς ἐν τῇ οἰκίᾳ τῇ ἡμετέρᾳ ἐκ παιδός, ὅτι Ἀνδοκίδη, τῶν μὲν παρόντων κακῶν ὁρᾷς τὸ μέγεθος, ἐγὼ δʼ ἐν μὲν τῷ παρελθόντι χρόνῳ οὐδὲν ἐδεόμην λέγειν οὐδέ σε λυπεῖν, νῦν δὲ ἀναγκάζομαι διὰ τὴν παροῦσαν ἡμῖν συμφοράν.

[¶1] 49. “You see the utter hopelessness of our position, Andocides. I have never yet wished to say anything which might distress you: but now our plight leaves me no choice. Your friends and associates outside the family have all been subjected to the charges which are now to prove our own undoing: and half of them have been put to death,—while the other half have admitted their guilt by going into exile.”

> Greek: 49. οἷς γὰρ ἐχρῶ καὶ οἷς συνῆσθα ἄνευ ἡμῶν τῶν συγγενῶν, οὗτοι ἐπὶ ταῖς αἰτίαις διʼ ἃς ἡμεῖς ἀπολλύμεθα οἱ μὲν αὐτῶν τεθνᾶσιν, οἱ δὲ οἴχονται φεύγοντες, σφῶν αὐτῶν καταγνόντες ἀδικεῖν...

[¶2] 50. “I beg of you: if you have heard anything concerning this affair, disclose it. Save yourself: save your father, who must be dearer to you than anyone in the world: save your brother-in-law, the husband of your only sister: save all those others who are bound to you by ties of blood and family: and lastly, save me, who have never vexed you in my life and who am ever ready to do anything for you and your good.”

> Greek: 50. εἰ ἤκουσάς τι τούτου τοῦ πράγματος τοῦ γενομένου, εἰπέ, καὶ πρῶτον μὲν σεαυτὸν σῷσον, εἶτα δὲ τὸν πατέρα, ὃν εἰκός ἐστί σε μάλιστα φιλεῖν, εἶτα δὲ τὸν κηδεστὴν ὃς ἔχει σου τὴν ἀδελφὴν ἥπερ σοι μόνη ἐστίν, ἔπειτα δὲ τοὺς ἄλλους συγγενεῖς καὶ ἀναγκαίους τοσούτους ὄντας, ἔτι δὲ ἐμέ, ὃς ἐν ἅπαντι τῷ βίῳ ἠνίασα μέν σε οὐδὲν πώποτε, προθυμότατος δὲ εἰς σὲ καὶ τὰ σὰ πράγματά εἰμι, ὅ τι ἂν δέῃ ποιεῖν.

[¶3] 51. At this appeal from Charmides, gentlemen, which was echoed by the rest, who each addressed their entreaties to me in turn, I thought to myself: “Never, oh, never has a man found himself in a more terrible strait than I. Am I to look on while my own kindred perish for a crime which they have not committed: while they themselves are put to death and their goods are confiscated: nay more, while the names of persons entirely innocent of the deed which has been done are inscribed upon stones of record as the names of men accursed in the sight of heaven? Am I to pay no heed to three hundred Athenians who are to be wrongfully put to death, to the desperate plight of Athens, to the suspicions of citizen for citizen? Or am I to reveal to my countrymen the story told me by the true criminal, Euphiletus?”

> Greek: 51. λέγοντος δέ, ὦ ἄνδρες, Χαρμίδου ταῦτα, ἀντιβολούντων δὲ τῶν ἄλλων καὶ ἱκετεύοντος ἑνὸς ἑκάστου, ἐνεθυμήθην πρὸς ἐμαυτόν, ὢ πάντων ἐγὼ δεινοτάτῃ συμφορᾷ περιπεσών, πότερα περιίδω τοὺς ἐμαυτοῦ συγγενεῖς ἀπολλυμένους ἀδίκως, καὶ αὐτούς τε ἀποθανόντας καὶ τὰ χρήματα αὐτῶν δημευθέντα, πρὸς δὲ τούτοις ἀναγραφέντας ἐν στήλαις ὡς ὄντας ἀλιτηρίους τῶν θεῶν τοὺς οὐδενὸς αἰτίους τῶν γεγενημένων, ἔτι δὲ τριακοσίους Ἀθηναίων μέλλοντας ἀδίκως ἀπολεῖσθαι, τὴν δὲ πόλιν ἐν κακοῖς οὖσαν τοῖς μεγίστοις καὶ ὑποψίαν εἰς ἀλλήλους ἔχοντας, ἢ εἴπω Ἀθηναίοις ἅπερ ἤκουσα Εὐφιλήτου αὐτοῦ τοῦ ποιήσαντος;

[¶4] 52. Then a further thought struck me, gentlemen. I reminded myself that a number of the offenders responsible for the mutilation had already been executed upon the information lodged by Teucrus, while yet others had escaped into exile and been sentenced to death in their absence. In fact, there remained only four of the criminals whose names had not been divulged by Teucrus: Panaetius, Chaeredemus, Diacritus, and Lysistratus;

> Greek: 52. ἔτι δὲ ἐπὶ τούτοις καὶ τόδε ἐνεθυμήθην, ὦ ἄνδρες, καὶ ἐλογιζόμην πρὸς ἐμαυτὸν τοὺς ἐξημαρτηκότας καὶ τὸ ἔργον εἰργασμένους, ὅτι οἱ μὲν αὐτῶν ἤδη ἐτέθνασαν ὑπὸ Τεύκρου μηνυθέντες, οἱ δὲ φεύγοντες ᾤχοντο καὶ αὐτῶν θάνατος κατέγνωστο, τέτταρες δὲ ἦσαν ὑπόλοιποι οἳ οὐκ ἐμηνύθησαν ὑπὸ Τεύκρου τῶν πεποιηκότων, Παναίτιος, Χαιρέδημος, διάκριτος, Λυσίστρατος·

[¶5] 53. and it was only natural to assume that they had been among the first to be denounced by Diocleides, as they were friends of those who had already been put to death. It was thus still doubtful whether they would escape: but it was certain that my own kindred would perish, unless Athens learned the truth. So I decided that it was better to cut off from their country four men who richly deserved it—men alive today and restored to home and property—than to let those others go to a death which they had done nothing whatever to deserve.

> Greek: 53. οὓς εἰκὸς ἦν ἁπάντων μάλιστα δοκεῖν εἶναι τούτων τῶν ἀνδρῶν οὓς ἐμήνυσε Διοκλείδης, φίλους ὄντας τῶν ἀπολωλότων ἤδη. καὶ τοῖς μὲν οὐδέπω βέβαιος ἦν ἡ σωτηρία, τοῖς δὲ ἐμοῖς οἰκείοις φανερὸς ⟨ὁ⟩ ὄλεθρος, εἰ μή τις ἐρεῖ Ἀθηναίοις τὰ γενόμενα. ἐδόκει οὖν μοι κρεῖττον εἶναι τέτταρας ἄνδρας ἀποστερῆσαι τῆς πατρίδος δικαίως, οἳ νῦν ζῶσι καὶ κατεληλύθασι καὶ ἔχουσι τὰ σφέτερα αὐτῶν, ἢ ἐκείνους ἀποθανόντας ἀδίκως περιιδεῖν.

[¶6] 54. If, then, any of you yourselves, gentlemen, or any of the public at large has ever been possessed with the notion that I informed against my associates with the object of purchasing my own life at the price of theirs—a tale invented by my enemies, who wished to present me in the blackest colours—use the facts themselves as evidence;

> Greek: 54. εἰ οὖν τινι ὑμῶν, ὦ ἄνδρες, ⟨ἢ⟩ τῶν ἄλλων πολιτῶν γνώμη τοιαύτη παρειστήκει πρότερον περὶ ἐμοῦ, ὡς ἄρα ἐγὼ ἐμήνυσα κατὰ τῶν ἑταίρων τῶν ἐμαυτοῦ, ὅπως ἐκεῖνοι μὲν ἀπόλοιντο, ἐγὼ δὲ σωθείην — ἃ ἐλογοποίουν οἱ ἐχθροὶ περὶ ἐμοῦ, βουλόμενοι διαβάλλειν με — σκοπεῖσθε ἐξ αὐτῶν τῶν γεγενημένων.

[¶7] 55. for today not only is it incumbent upon me to give a faithful account of myself—I am in the presence, remember, of the actual offenders who went into exile after committing the crime which we are discussing; they know better than anyone whether I am lying or not, and they have my permission to interrupt me and prove that what I am saying is untrue—but it is no less incumbent upon you to discover what truly happened.

> Greek: 55. νῦν γὰρ ἐμὲ μὲν λόγον δεῖ δοῦναι τῶν ἐμοὶ πεπραγμένων μετὰ τῆς ἀληθείας, αὐτῶν παρόντων οἵπερ ἥμαρτον καὶ ἔφυγον ταῦτα ποιήσαντες, ἴσασι δὲ ἄριστα εἴτε ψεύδομαι εἴτε ἀληθῆ λέγω, ἔξεστι δὲ αὐτοῖς ἐλέγχειν με ἐν τῷ ἐμῷ λόγῳ· ἐγὼ γὰρ ἐφίημι· ὑμᾶς δὲ δεῖ μαθεῖν τὰ γενόμενα.

[¶8] 56. I say this, gentlemen, because the chief task confronting me in this trial is to prevent anyone thinking the worse of me on account of my escape: to make first you and then the whole world understand that the explanation of my behaviour from start to finish lay in the desperate plight of Athens and, to a lesser degree, in that of my own family, not in any lack of principles or courage: to make you understand that, in disclosing that Euphiletus had told me, I was actuated solely by my concern for my relatives and friends and by my concern for the state as a whole, motives which I for one consider not a disgrace but a credit. If this proves to be the truth of the matter, I think it only my due that I should be acquitted with my good name unimpaired.

> Greek: 56. ἐμοὶ γάρ, ὦ ἄνδρες, τοῦδε τοῦ ἀγῶνος τοῦτʼ ἔστι μέγιστον, σωθέντι μὴ δοκεῖν κακῷ εἶναι, ⟨ἀλλὰ πρῶτον μὲν ὑμᾶς, ⟩ εἶτα δὲ καὶ τοὺς ἄλλους ἅπαντας μαθεῖν ὅτι οὔτε μετὰ κακίας οὔτε μετʼ ἀνανδρίας οὐδεμιᾶς τῶν γεγενημένων πέπρακται ὑπʼ ἐμοῦ οὐδέν, ἀλλὰ διὰ συμφορὰν γεγενημένην μάλιστα μὲν τῇ πόλει, εἶτα ⟨δὲ⟩ καὶ ἡμῖν, εἶπον δὲ ἃ ἤκουσα Εὐφιλήτου προνοίᾳ μὲν τῶν συγγενῶν καὶ τῶν φίλων, προνοίᾳ δὲ τῆς πόλεως ἁπάσης, μετʼ ἀρετῆς ἀλλʼ οὐ μετὰ κακίας, ὡς ἐγὼ νομίζω. εἰ οὖν οὕτως ἔχει ταῦτα, σῴζεσθαί τε ἀξιῶ καὶ δοκεῖν ὑμῖν εἶναι μὴ κακός.

[¶9] 57. Come now, in considering a case, a judge should make allowances for human shortcomings, gentlemen, as he would do, were he in the same plight himself. What would each of you have done? Had the choice lain between dying a noble death and preserving my life at the cost of my honour, my behaviour might well be described as base—though many would have made exactly the same choice; they would rather have remained alive than have died like heroes.

> Greek: 57. φέρε δή — χρὴ γάρ, ὦ ἄνδρες, ἀνθρωπίνως περὶ τῶν πραγμάτων ἐκλογίξεσθαι, ὥσπερ ἂν αὐτὸν ὄντα ἐν τῇ συμφορᾷ — τί ἂν ὑμῶν ἕκαστος ἐποίησεν; εἰ μὲν γὰρ ἦν δυοῖν τὸ ἕτερον ἑλέσθαι, ἢ καλῶς ἀπολέσθαι ἢ αἰσχρῶς σωθῆναι, ἔχοι ἄν τις εἰπεῖν κακίαν εἶναι τὰ γενόμενα· καίτοι πολλοὶ ἂν καὶ τοῦτο εἵλοντο, τὸ ζῆν περὶ πλείονος ποιησάμενοι τοῦ καλῶς ἀποθανεῖν·

[¶10] 58. But the alternatives before me were precisely the opposite. On the other hand, if I remained silent, I myself died in disgrace for an act of impiety which I had not comitted, and I allowed my father, my brother-in-law, and a host of my relatives and cousins to perish in addition. Yes, I, and I alone, was sending them to their death, if I refused to say that others were to blame; for Diocleides had thrown them into prison by his lies, and they could only be rescued if their countrymen were put in full possession of the facts; therefore I became their murderer if I refused to tell what I had heard. Besides this, I was causing three hundred citizens to perish; while the plight of Athens was growing desperate.

> Greek: 58. ὅπου δὲ τούτων τὸ ἐναντιώτατον ἦν, σιωπήσαντι μὲν αὐτῷ τε αἴσχιστα ἀπολέσθαι μηδὲν ἀσεβήσαντι, ἔτι δὲ τὸν πατέρα περιιδεῖν ἀπολόμενον καὶ τὸν κηδεστὴν καὶ τοὺς συγγενεῖς καὶ ἀνεψιοὺς τοσούτους, οὓς οὐδεὶς ἄλλος ἀπώλλυεν ἢ ἐγὼ μὴ εἰπὼν ὡς ἕτεροι ἥμαρτον. Διοκλείδης μὲν γὰρ ψευσάμενος ἔδησεν αὐτούς, σωτηρία δὲ αὐτῶν ἄλλη οὐδεμία ἦν ἢ πυθέσθαι Ἀθηναίους πάντα τὰ πραχθέντα· φονεὺς οὖν αὐτῶν ἐγιγνόμην ἐγὼ μὴ εἰπὼν ὑμῖν ἃ ἤκουσα. ἔτι δὲ τριακοσίους Ἀθηναίων ἀπώλλυον, καὶ ἡ πόλις ἐν κακοῖς τοῖς μεγίστοις ἐγίγνετο.

[¶11] 59. That is what silence meant. On the other hand, by revealing the truth I saved my own life, I saved my father, I saved the rest of my family, and I freed Athens from the panic which was working such havoc. True, I was sending four men into exile; but all four were guilty. And for the others, who had already been denounced by Teucrus, I am sure that none of them, whether dead or in exile, was one whit the worse off for any disclosures of mine.

> Greek: 59. ταῦτα μὲν οὖν ἦν ἐμοῦ μὴ εἰπόντος· εἰπὼν δὲ τὰ ὄντα αὐτός τε ἐσῳζόμην καὶ τὸν πατέρα ἔσῳζον καὶ τοὺς ἄλλους συγγενεῖς, καὶ τὴν πόλιν ἐκ φόβου καὶ κακῶν τῶν μεγίστων ἀπήλλαττον. φυγάδες δὲ διʼ ἐμὲ τέτταρες ἄνδρες ἐγίγνοντο, οἵπερ καὶ ἥμαρτον· τῶν δʼ ἄλλων, οἳ πρότερον ὑπὸ Τεύκρου ἐμηνύθησαν, οὔτε δήπου οἱ τεθνεῶτες διʼ ἐμὲ μᾶλλον ἐτέθνασαν, οὔτε οἱ φεύγοντες μᾶλλον ἔφευγον.

[¶12] 60. Taking all this into consideration, gentlemen, I found that the least objectionable of the courses open to me was to tell the truth as quickly as possible, to prove that Diocleides had lied, and so to punish the scoundrel who was causing us to be put to death wrongfully and imposing upon the public, while in return he was being hailed as a supreme benefactor and rewarded for his services.

> Greek: 60. ταῦτα δὲ πάντα σκοπῶν ηὕρισκον, ὦ ἄνδρες, τῶν παρόντων κακῶν ταῦτα ἐλάχιστα εἶναι, εἰπεῖν τὰ γενόμενα ὡς τάχιστα καὶ ἐλέγξαι Διοκλείδην ψευσάμενον, καὶ τιμωρήσασθαι ἐκεῖνον, ὃς ἡμᾶς μὲν ἀπώλλυεν ἀδίκως, τὴν δὲ πόλιν ἐξηπάτα, ταῦτα δὲ ποιῶν μέγιστος εὐεργέτης ἐδόκει εἶναι καὶ χρήματα ἐλάμβανε.

[¶13] 61. I therefore informed the Council that I knew the offenders, and showed exactly what had occurred. The idea, I said, had been suggested by Euphiletus at a drinking-party; but I opposed it, and succeeded in preventing its execution for the time being. Later, however, I was thrown from a colt of mine in Cynosarges; I broke my collar-bone and fractured my skull, and had to be taken home on a litter.

> Greek: 61. διὰ ταῦτα εἶπον τῇ βουλῇ ὅτι εἰδείην τοὺς ποιήσαντας, καὶ ἐξήλεγξα τὰ γενόμενα, ὅτι εἰσηγήσατο μὲν πινόντων ἡμῶν ταύτην τὴν βουλὴν [γενέσθαι] Εὐφίλητος, ἀντεῖπον δὲ ἐγώ, καὶ τότε μὲν οὐ γένοιτο διʼ ἐμέ, ὕστερον δʼ ἐγὼ μὲν Κυνοσάργει ἐπὶ πωλίον ὅ μοι ἦν ἀναβὰς ἔπεσον καὶ τὴν κλεῖν συνετρίβην καὶ τὴν κεφαλὴν κατεάγην, φερόμενός τε ἐπὶ κλίνης ἀπεκομίσθην οἴκαδε·

[¶14] 62. When Euphiletus saw my condition, he informed the others that I had consented to join them and had promised him to mutilate the Hermes next to the shrine of Phorbas as my share in the escapade. He told them this to hoodwink them; and that is why the Hermes which you can all see standing close to the home of our family, the Hermes dedicated by the Aegeid tribe, was the only one in Athens unmutilated, it being understood that I would attend to it as Euphiletus had promised.

> Greek: 62. αἰσθόμενος δʼ Εὐφίλητος ὡς ἔχοιμι, λέγει πρὸς αὐτοὺς ὅτι πέπεισμαι ταῦτα συμποιεῖν καὶ ὡμολόγηκα αὐτῷ μεθέξειν τοῦ ἔργου καὶ περικόψειν περικόψεῖν τὸν Ἑρμῆν τὸν παρὰ τὸ Φορβαντεῖον. ταῦτα δʼ ἔλεγεν ἐξαπατῶν ἐκείνους· καὶ διὰ ταῦτα ὁ Ἑρμῆς ὃν ὁρᾶτε πάντες, ὁ παρὰ τὴν πατρῴαν οἰκίαν τὴν ἡμετέραν, ὃν ἡ Αἰγῂς ἀνέθηκεν, οὐ περιεκόπη μόνος τῶν Ἑρμῶν τῶν Ἀθήνησιν, ὡς ἐμοῦ τοῦτο ποιήσοντος, ὡς ἔφη πρὸς αὐτοὺς Εὐφίλητος.

[¶15] 63. When the others learned the truth, they were furious to think that I was in the secret without having taken any active part; and the next day I received a visit from Meletus and Euphiletus. “We have managed it all right, Andocides,” they told me. “Now if you will consent to keep quiet and say nothing, you will find us just as good friends as before. If you do not, you will find that you have been much more successful at making enemies of us than at making fresh friends by turning traitor to us.”

> Greek: 63. οἱ δʼ αἰσθόμενοι δεινὰ ἐποίουν, ὅτι εἰδείην μὲν τὸ πρᾶγμα, πεποιηκὼς δὲ οὐκ εἴην. προσελθόντες δέ μοι τῇ ὑστεραίᾳ Μέλητος καὶ Εὐφίλητος ἔλεγον ὅτι γεγένηται, ὦ Ἀνδοκίδη, καὶ πέπρακται ἡμῖν ταῦτα. σὺ μέντοι εἰ μὲν ἀξιοῖς ἡσυχίαν ἔχειν καὶ σιωπᾶν, ἕξεις ἡμᾶς ἐπιτηδείους ὥσπερ καὶ πρότερον· εἰ δὲ μή, χαλεπώτεροί σοι ἡμεῖς ἐχθροὶ ἐσόμεθα ἢ ἄλλοι τινὲς διʼ ἡμᾶς φίλοι.

[¶16] 64. I replied that I certainly thought Euphiletus a scoundrel for acting as he had; although he and his companions had far less to fear from my being in the secret than from the mere fact that the deed was done. I supported this account by handing over my slave for torture, to prove that I was ill at the time in question and had not even left my bed; and the Prytanes arrested the women-servants in the house which the criminals had used as their base.

> Greek: 64. εἶπον αὐτοῖς ὅτι νομίζοιμι μὲν διὰ τὸ πρᾶγμα Εὐφίλητον πονηρὸν εἶναι, ἐκείνοις δὲ οὐκ ἐμὲ δεινὸν εἶναι, ὅτι οἶδα, ἀλλὰ μᾶλλον αὐτὸ τὸ ἔργον πολλῷ, ὅτι πεποίηται. ὡς οὖν ἦν ταῦτʼ ἀληθῆ, τόν τε παῖδα τὸν ἐμὸν παρέδωκα βασανίσαι, ὅτι ἔκαμνον καὶ οὐδʼ ἀνιστάμην ἐκ τῆς κλίνης, καὶ τὰς θεραπαίνας ἔλαβον οἱ πρυτάνεις, ὅθεν ὁρμώμενοι ταῦτʼ ἐποίουν ἐκεῖνοι.

[¶17] 65. The Council and the commission of inquiry went into the matter closely, and when at length they found that it was as I said and that the witnesses corroborated me without exception, they summoned Diocleides. He, however, made a long cross-examination unnecessary by admitting at once that he had been lying, and begged that he might be pardoned if he disclosed who had induced him to tell his story; the culprits, he said, were Alcibiades of Phegus and Amiantus of Aegina.

> Greek: 65. ἐξελέγχοντες δὲ τὸ πρᾶγμα ἥ τε βουλὴ καὶ οἱ ζητηταί, ἐπειδὴ ἦν ᾗ ἐγὼ ἔλεγον καὶ ὡμολογεῖτο πανταχόθεν, τότε δὴ καλοῦσι τὸν Διοκλείδην· καὶ οὐ πολλῶν λόγων ἐδέησεν, ἀλλʼ εὐθὺς ὡμολόγει ψεύδεσθαι, καὶ ἐδεῖτο σῴζεσθαι φράσας τοὺς πείσαντας αὐτὸν λέγειν ταῦτα· εἶναι δὲ Ἀλκιβιάδην τὸν Φηγούσιον καὶ Ἀμίαντον τὸν ἐξ Αἰγίνης.

[¶18] 66. Alcibiades and Amiantus fled from the country in terror; and when you heard the facts yourselves, you handed Diocleides over to the court and put him to death. You released the prisoners awaiting execution—my relatives, who owed their escape to me alone—you welcomed back the exiles, and yourselves shouldered arms and dispersed, freed from grave danger and distress.

> Greek: 66. καὶ οὗτοι μὲν δείσαντες ᾤχοντο φεύγοντες· ὑμεῖς δὲ ἀκούσαντες ταῦτα Διοκλείδην μὲν τῷ δικαστηρίῳ παραδόντες ἀπεκτείνατε, τοὺς δὲ δεδεμένους καὶ μέλλοντας ἀπολεῖσθαι ἐλύσατε, τοὺς ἐμοὺς συγγενεῖς, διʼ ἐμέ, καὶ τοὺς φεύγοντας κατεδέξασθε, αὐτοὶ δὲ λαβόντες τὰ ὅπλα ἀπῇτε, πολλῶν κακῶν καὶ κινδύνων ἀπαλλαγέντες.

[¶19] 67. Not only do the circumstances in which I here found myself entitle me to the sympathy of all, gentlemen, but my conduct can leave you in no doubt about my integrity. When Euphiletus suggested that we pledge ourselves to what was the worst possible treachery, I opposed him, I attacked him, I heaped on him the scorn which he deserved. Yet once his companions had committed the crime, I kept their secret; it was Teucrus who lodged the information which led to their death or exile, before we had been thrown into prison by Diocleides or were threatened with death. After our imprisonment I denounced four persons: Panaetius, Diacritus, Lysistratus, and Chaeredemus.

> Greek: 67. ἐν οἷς ἐγώ, ὦ ἄνδρες, τῆς μὲν τύχης ᾗ ἐχρησάμην δικαίως ἂν ὑπὸ πάντων ἐλεηθείην, τῶν δὲ γενομένων ἕνεκα εἰκότως ⟨ἂν⟩ ἀνὴρ ἄριστος δοκοίην εἶναι, ὅστις εἰσηγησαμένῳ μὲν Εὐφιλήτῳ πίστιν τῶν ἐν ἀνθρώποις ἀπιστοτάτην ἠναντιώθην καὶ ἀντεῖπον καὶ ἐλοιδόρησα ἐκεῖνον ὧν ἦν ἄξιος, ἁμαρτόντων δʼ ἐκείνων τὴν ἁμαρτίαν αὐτοῖς συνέκρυψα, καὶ μηνύσαντος κατʼ αὐτῶν Τεύκρου οἱ μὲν αὐτῶν ἀπέθανον οἱ δʼ ἔφυγον, πρὶν ἡμᾶς ὑπὸ Διοκλείδου δεθῆναι καὶ μέλλειν ἀπολεῖσθαι. τότε δὲ ἀπέγραψα τέτταρας ἄνδρας, Παναίτιον, Διάκριτον, Λυσίστρατον, Χαιρέδημον·

[¶20] 68. I was responsible for the exile of these four, I admit; but I saved my father, my brother-in-law, three cousins, and seven other relatives, all of whom were about to be put to death wrongfully; they owe it to me that they are still looking on the light of day, and they are the first to acknowledge it. In addition, the scoundrel who had thrown the whole of Athens into chaos and endangered her very existence was exposed; and your own suspense and suspicions of one another were at an end.

> Greek: 68. οὗτοι μὲν ἔφυγον διʼ ἐμέ, ὁμολογῶ· ἐσώθη δέ γε ὁ πατήρ, ὁ κηδεστής, ἀνεψιοὶ τρεῖς, τῶν ἄλλων συγγενῶν ἑπτά, μέλλοντες ἀποθανεῖσθαι ἀδίκως· οἳ νῦν ὁρῶσι τοῦ ἡλίου τὸ φῶς διʼ ἐμέ, καὶ αὐτοὶ ὁμολογοῦσιν· ὁ δὲ τὴν πόλιν ὅλην συνταράξας καὶ εἰς τοὺς ἐσχάτους κινδύνους καταστήσας ἐξηλέγχθη, ὑμεῖς δὲ ἀπηλλάγητε μεγάλων φόβων καὶ τῶν εἰς ἀλλήλους ὑποψιῶν.

[¶21] 69. Now recollect whether what I have been saying is true, gentlemen; and if you know the facts, make them clear to those who do not. Next I will ask the clerk to call the persons who owed their release to me; no one knows what happened better than they, and no one can give the court a better account of it. The position, then, is this, gentlemen: they will address you from the platform for as long as you care to listen to them; then, when you are satisfied, I will proceed to the remainder of my defence.

> Greek: 69. καὶ ταῦτʼ εἰ ἀληθῆ λέγω, ὦ ἄνδρες, ἀναμιμνῄσκεσθε, καὶ οἱ εἰδότες διδάσκετε τοὺς ἄλλους. σὺ δέ μοι αὐτοὺς κάλει τοὺς λυθέντας διʼ ἐμέ· ἄριστα γὰρ ἂν εἰδότες τὰ γενόμενα λέγοιεν εἰς τούτους. οὑτωσὶ δὲ ἔχει, ὦ ἄνδρες· μέχρι τούτου ἀναβήσονται καὶ λέξουσιν ὑμῖν, ἕως ἂν ἀκροᾶσθαι βούλησθε, ἔπειτα δʼ ἐγὼ περὶ τῶν ἄλλων ἀπολογήσομαι.

[¶22] 70. Witnesses You now know exactly what took place at the time, I for one think that I have given all the explanations necessary. However, should any of you wish to hear more or think that any point has not been dealt with satisfactorily, or should I have omitted anything, has only to rise and mention it, and I will reply to his inquiry as well. Otherwise, I will proceed to explain the legal position to you.

> Greek: 70. ⟨Μάρτυρες⟩ περὶ μὲν οὖν τῶν τότε γενομένων ἀκηκόατε πάντα καὶ ἀπολελόγηταί μοι ἱκανῶς, ὥς γʼ ἐμαυτὸν πείθω· εἰ δέ τίς τι ὑμῶν ποθεῖ ἢ νομίζει τι μὴ ἱκανῶς εἰρῆσθαι ἢ παραλέλοιπά τι, ἀναστὰς ὑπομνησάτω, καὶ ἀπολογήσομαι καὶ πρὸς τοῦτο· περὶ δὲ τῶν νόμων ἤδη ὑμᾶς διδάξω.

[¶23] 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, 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.

> Greek: 71. Κηφίσιος γὰρ οὑτοσὶ ἐνέδειξε μέν με κατὰ τὸν νόμον τὸν κείμενον, τὴν δὲ κατηγορίαν ποιεῖται κατὰ ψήφισμα πρότερον γενόμενον, ὃ εἶπεν Ἰσοτιμίδης, οὗ ἐμοὶ προσήκει οὐδέν. ὁ μὲν γὰρ εἶπεν εἴργεσθαι τῶν ἱερῶν τοὺς ἀσεβήσαντας καὶ ὁμολογήσαντας, ἐμοὶ δὲ τούτων οὐδέτερα πεποίηται· οὔτε ἠσέβηται οὔτε ὡμολόγηται.

[¶24] 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. However, the truth shall be told.

> Greek: 72. ὡς δὲ καὶ τοῦτο τὸ ψήφισμα λέλυται καὶ ἄκυρόν ἐστιν, ἐγὼ ὑμᾶς διδάξω. καίτοιγε τοιαύτην ἀπολογίαν περὶ αὐτοῦ ποιήσομαι, ὅπου μὴ πείθων μὲν ὑμᾶς αὐτὸς ζημιώσομαι, πείσας δὲ ὑπὲρ τῶν ἐχθρῶν ἀπολελογημένος ἔσομαι. ἀλλὰ γὰρ τἀληθῆ εἰρήσεται.

[¶25] 73. After the loss of your fleet and the investment of Athens 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. First, state-debtors. All who had been condemned on their accounts when vacating a public office, all who had been condemned as judgement-debtors, 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, had to pay within eight Prytanies; otherwise, the sum due was doubled and the delinquent’s property distrained upon.

> Greek: 73. ἐπεὶ γὰρ αἱ νῆες διεφθάρησαν καὶ ἡ πολιορκία ἐγένετο, ἐβουλεύσασθε περὶ ὁμονοίας, καὶ ἔδοξεν ὑμῖν τοὺς ἀτίμους ἐπιτίμους ποιῆσαι, καὶ εἶπε τὴν γνώμην Πατροκλείδης. οἱ δὲ ἄτιμοι τίνες ἦσαν, καὶ τίνα τρόπον ἕκαστοι; ἐγὼ ὑμᾶς διδάξω. οἱ μὲν ἀργύριον ὀφείλοντες τῷ δημοσίῳ, ὁπόσοι εὐθύνας ὦφλον ἄρξαντες ἀρχάς, ἢ ἐξούλας ἢ γραφὰς ἢ ἐπιβολὰς ὦφλον, ἢ ὠνὰς πριάμενοι ἐκ τοῦ δημοσίου μὴ κατέβαλον τὰ χρήματα, ἢ ἐγγύας ἠγγυήσαντο πρὸς τὸ δημόσιον, τούτοις ἡ μὲν ἔκτεισις ἦν ἐπὶ τῆς ἐνάτης πρυτανείας, εἰ δὲ μή, διπλάσιον ὀφείλειν καὶ τὰ κτήματα αὐτῶν πεπρᾶσθαι.

[¶26] 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, all who threw away their shields, or were thrice convicted of giving perjured evidence or of falsely endorsing a summons, or who were found guilty of maltreating their parents, were deprived of their personal rights, while retaining possession of their property.

> Greek: 74. εἷς μὲν τρόπος οὗτος ἀτιμίας ἦν, ἕτερος δὲ ὧν τὰ μὲν σώματα ἄτιμα ἦν, τὴν δʼ οὐσίαν εἶχον καὶ ἐκέκτηντο· οὗτοι δʼ αὖ ἦσαν ὁπόσοι κλοπῆς ἢ δώρων ὄφλοιεν· τούτους ἔδει καὶ αὐτοὺς καὶ τοὺς ἐκ τούτων ἀτίμους εἶναι· καὶ ὁπόσοι λίποιεν τὴν τάξιν, ἢ ἀστρατείας ἢ δειλίας ἢ ἀναυμαχίου ὄφλοιεν, ἢ τὴν ἀσπίδα ἀποβάλοιεν, ἢ τρὶς ψευδομαρτυρίων ἢ τρὶς ψευδοκλητείας ὄφλοιεν, ἢ τοὺς γονέας κακῶς ποιοῖεν, οὗτοι πάντες ἄτιμοι ἦσαν τὰ σώματα, τὰ δὲ χρήματα εἶχον.

[¶27] 75. Others again had their rights curtailed in specified directions; they were only partially, not wholly, disfranchised. The soldiers who remained in Athens under the Four Hundred are a case in point. 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.

> Greek: 75. ἄλλοι αὖ κατὰ προστάξεις, οἵτινες οὐ παντάπασιν ἄτιμοι ἦσαν, ἀλλὰ μέρος τι αὐτῶν, οἷον οἱ στρατιῶται, οἷς, ὅτι ἐπέμειναν ἐπὶ τῶν τετρακοσίων ἐν τῇ πόλει, τὰ μὲν ἄλλα ἦν ἅπερ τοῖς ἄλλοις πολίταις, εἰπεῖν δʼ ἐν τῷ δήμῳ οὐκ ἐξῆν αὐτοῖς οὐδὲ βουλεῦσαι. τούτων ἦσαν οὗτοι ἄτιμοι αὕτη γὰρ ἦν τούτοις πρόσταξις.

[¶28] 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.

> Greek: 76. ἑτέροις οὐκ ἦν γράψασθαι, τοῖς δὲ ἐνδεῖξαι, τοῖς δὲ μὴ ἀναπλεῦσαι εἰς Ἑλλήσποντον, ἄλλοις δʼ εἰς Ἰωνίαν· τοῖς δʼ εἰς τὴν ἀγορὰν μὴ εἰσιέναι πρόσταξις ἦν. ταῦτʼ οὖν ἐψηφίσασθε ἐξαλεῖψαι πάντα τὰ ψηφίσματα, καὶ αὐτὰ καὶ εἴ πού τι ἀντίγραφον ἦν, καὶ πίστιν ἀλλήλοις περὶ ὁμονοίας δοῦναι ἐν ἀκροπόλει. καί μοι ἀνάγνωθι τὸ ψήφισμα τὸ Πατροκλείδου, καθʼ ὃ ταῦτα ἐγένετο.

[¶29] 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,:”

> Greek: 77. Ψήφισμα.—Πατροκλείδης εἶπεν· ἐπειδὴ ἐψηφίσαντο Ἀθηναῖοι τὴν ἄδειαν περὶ ⟨τῶν ἀτίμων καὶ⟩ τῶν ὀφειλόντων, ὥστε λέγειν ἐξεῖναι καὶ ἐπιψηφίζειν, ψηφίσασθαι τὸν δῆμον ταὐτὰ ἅπερ ὅτε ἦν τὰ Μηδικά, καὶ συνήνεγκεν Ἀθηναίοις ἐπὶ τὸ ἄμεινον. περὶ δὲ τῶν ἐγγεγραμμένων εἰς τοὺς πράκτορας ἢ τοὺς ταμίας τῆς θεοῦ καὶ τῶν ἄλλων θεῶν ἢ τὸν βασιλέα [ἢ] εἰ τις μὴ ἐξεγράφη μέχρι τῆς ἐξελθούσης βουλῆς ἐφʼ ἧς Καλλίας ἦρχεν, ὅσοι ἄτιμοι ἦσαν [ἢ] ὀφείλοντες, καὶ ὅσων εὔθυναί τινές εἰσι κατεγνωσμέναι ἐν τοῖς λογιστηρίοις ὑπὸ τῶν εὐθύνων καὶ τῶν παρέδρων, ἢ μήπω εἰσηγμέναι εἰς τὸ δικαστήριον γραφαί τινές εἰσι περὶ τῶν εὐθυνῶν, ἢ προστάξεις..., ἢ ἐγγύαι τινές εἰσι κατεγνωσμέναι εἰς τὸν αὐτὸν τοῦτον χρόνον·

[¶30] 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 death: and those guilty of massacre or attempted tyranny—” “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 Areopagus: to the end that the Athenians may live in all security both now and hereafter.”

> Greek: 78. καὶ ὅσα ὀνόματα τῶν τετρακοσίων τινὸς ἐγγέγραπται, ἢ ἄλλο τι περὶ τῶν ἐν τῇ ὀλιγαρχίᾳ πραχθέντων ἐστί που γεγραμμένον· πλὴν ὁπόσα ἐν στήλαις γέγραπται τῶν μὴ ἐνθάδε μεινάντων, ἢ ἐξ Ἀρείου πάγου ἢ τῶν ἐφετῶν ἢ ἐκ πρυτανείου ἢ Δελφινίου δικασθεῖσιν [ἢ] ὑπὸ τῶν βασιλέων [ἢ] ἐπὶ φόνῳ τίς ἐστι φυγὴ ἢ θάνατος κατεγνώσθη, ἢ σφαγεῦσιν ἢ τυράννοις· τὰ δὲ ἄλλα πάντα ἐξαλεῖψαι τοὺς πράκτορας καὶ τὴν βουλὴν κατὰ τὰ εἰρημένα πανταχόθεν, ὅπου τι ἔστιν ἐν τῷ δημοσίῳ, καὶ εἴ ⟨τι⟩ ἀντίγραφόν που ἔστι, παρέχειν τοὺς θεσμοθέτας καὶ τὰς ἄλλας ἀρχάς. ποιεῖν δὲ ταῦτα τριῶν ἡμερῶν, ἐπειδὰν δόξῃ τῷ δήμῳ. ἃ δʼ εἴρηται ἐξαλεῖψαι, μὴ κεκτῆσθαι ἰδίᾳ μηδενὶ ἐξεῖναι μηδὲ μνησικακῆσαι μηδέποτε· εἰ δὲ μή, ἔνοχον εἶναι τὸν παραβαίνοντα ταῦτα ἐν τοῖς αὐτοῖς ἐν οἷσπερ οἱ ἐξ Ἀρείου πάγου φεύγοντες, ὅπως ἂν ὡς πιστότατα ἔχῃ Ἀθηναίοις καὶ νῦν καὶ εἰς τὸν λοιπὸν χρόνον.

[¶31] 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 Sparta and demolished your walls, you allowed your exiles to return too. Then the Thirty came into power, and there followed the occupation of Phyle and Munychia, and those terrible struggles which I am loath to recall either to myself or to you.

> Greek: 80. κατὰ μὲν τὸ ψήφισμα τουτὶ τοὺς ἀτίμους ἐπιτίμους ἐποιήσατε· τοὺς δὲ φεύγοντας οὔτε Πατροκλείδης εἶπε κατιέναι οὔθʼ ὑμεῖς ἐψηφίσασθε. ἐπεὶ δʼ αἱ σπονδαὶ πρὸς Λακεδαιμονίους ἐγένοντο, καὶ τὰ τείχη καθείλετε, καὶ τοὺς φεύγοντας κατεδέξασθε, καὶ κατέστησαν οἱ τριάκοντα, καὶ μετὰ ταῦτα Φυλή τε κατελήφθη Μουνυχίαν τε κατέλαβον, ἐγένετό ⟨θʼ⟩ ὑμῖν ὧν ἐγὼ οὐδὲν δέομαι μεμνῆσθαι οὐδʼ ἀναμιμνῄσκειν ὑμᾶς τῶν γεγενημένων κακῶν.

[¶32] 81. After your return from Peiraeus you resolved to let bygones be bygones, in spite of the opportunity for revenge. You considered the safety of Athens 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 Athens 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.

> Greek: 81. ἐπειδὴ δʼ ἐπανήλθετε ἐκ Πειραιῶς, γενόμενον ἐφʼ ὑμῖν τιμωρεῖσθαι ἔγνωτε ἐᾶν τὰ γεγενημένα, καὶ περὶ πλείονος ἐποιήσασθε σῴζειν τὴν πόλιν ἢ τὰς ἰδίας τιμωρίας, καὶ ἔδοξε μὴ μνησικακεῖν ἀλλήλοις τῶν γεγενημένων. δόξαντα δὲ ὑμῖν ταῦτα εἵλεσθε ἄνδρας εἴκοσι· τούτους δὲ ἐπιμελεῖσθαι τῆς πόλεως, ἕως [ἂν] οἱ νόμοι τεθεῖεν· τέως δὲ χρῆσθαι τοῖς Σόλωνος νόμοις καὶ τοῖς Δράκοντος θεσμοῖς.

[¶33] 82. However, after you had chosen a Council by lot and elected Nomothetae, 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. Kindly read the decree.

> Greek: 82. ἐπειδὴ δὲ βουλήν τε ἀπεκληρώσατε νομοθέτας τε εἵλεσθε, εὑρίσκοντες τῶν νόμων τῶν τε Σόλωνος καὶ τῶν Δράκοντος πολλοὺς ὄντας οἷς πολλοὶ τῶν πολιτῶν ἔνοχοι ἦσαν τῶν πρότερον ἕνεκα γενομένων, ἐκκλησίαν ποιήσαντες ἐβουλεύσασθε περὶ αὐτῶν, καὶ ἐψηφίσασθε, δοκιμάσαντες πάντας τοὺς νόμους, εἶτʼ ἀναγράψαι ἐν τῇ στοᾷ τούτους τῶν νόμων οἳ ἂν δοκιμασθῶσι. καί μοι ἀνάγνωθι τὸ ψήφισμα.

[¶34] 83. “
Decree.—On the motion of Teisamenus 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.”

> Greek: 83. ⟨Ψήφισμα⟩ ἔδοξε τῷ δήμῳ, Τεισαμενὸς εἶπε· πολιτεύεσθαι Ἀθηναίους κατὰ τὰ πάτρια, νόμοις δὲ χρῆσθαι τοῖς Σόλωνος, καὶ μέτροις καὶ σταθμοῖς, χρῆσθαι δὲ καὶ τοῖς Δράκοντος θεσμοῖς, οἷσπερ ἐχρώμεθα ἐν τῷ πρόσθεν χρόνῳ ὁπόσων δʼ ἂν προσδέῃ, οἵδε ᾑρημένοι νομοθέται ὑπὸ τῆς βουλῆς ἀναγράφοντες ἐν σανίσιν ἐκτιθέντων πρὸς τοὺς ἐπωνύμους, σκοπεῖν τῷ βουλομένῳ, καὶ παραδιδόντων ταῖς ἀρχαῖς ἐν τῷδε τῷ μηνί.

[¶35] 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.”

> Greek: 84. τοὺς δὲ παραδιδομένους νόμους δοκιμασάτω πρότερον ἡ βουλὴ καὶ οἱ νομοθέται οἱ πεντακόσιοι, οὓς οἱ δημόται εἵλοντο, ἐπειδὰν ὀμωμόκωσιν· ἐξεῖναι δὲ καὶ ἰδιώτῃ τῷ βουλομένῳ, εἰσιόντι εἰς τὴν βουλὴν συμβουλεύειν ὅ τι ἂν ἀγαθὸν ἔχῃ περὶ τῶν νόμων. ἐπειδὰν δὲ τεθῶσιν οἱ νόμοι, ἐπιμελείσθω ἡ βουλὴ ἡ ἐξ Ἀρείου πάγου τῶν νόμων, ὅπως ἂν αἱ ἀρχαὶ τοῖς κειμένοις νόμοις χρῶνται. τοὺς δὲ κυρουμένους τῶν νόμων ἀναγράφειν εἰς τὸν τοῖχον, ἵνα περ πρότερον ἀνεγράφησαν, σκοπεῖν τῷ βουλομένῳ.

[¶36] 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.”

> Greek: 85. ἐδοκιμάσθησαν μὲν οὖν οἱ νόμοι, ὦ ἄνδρες, κατὰ τὸ ψήφισμα τουτί, τοὺς δὲ κυρωθέντας ἀνέγραψαν εἰς τὴν στοάν. ἐπειδὴ ⟨δʼ⟩ ἀνεγράφησαν, ἐθέμεθα νόμον, ᾧ πάντες χρῆσθε. καί μοι ἀνάγνωθι τὸν νόμον.
Νόμος.—ἀγράφῳ δὲ νόμῳ τὰς ἀρχὰς μὴ χρῆσθαι μηδὲ περὶ ἑνός.

[¶37] 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.

> Greek: 86. ἆρά γε ἔστιν ἐνταυθοῖ τι περιελείπετο περὶ ὅτου οἷόν τε ἢ ἀρχὴν εἰσάγειν ἢ ὑμῶν πρᾶξαί τινι, ἀλλʼ ἢ κατὰ τοὺς ἀναγεγραμμένους νόμους; ὅπου οὖν ἀγράφῳ νόμῳ οὐκ ἔξεστι χρήσασθαι, ἦ που ἀγράφῳ γε ψηφίσματι παντάπασιν οὐ δεῖ [γε] χρήσασθαι. ἐπειδὴ τοίνυν ἑωρῶμεν ὅτι πολλοῖς τῶν πολιτῶν εἶεν συμφοραί, τοῖς μὲν κατὰ νόμους, τοῖς δὲ κατὰ ψηφίσματα [τὰ] πρότερον γενόμενα, τουτουσὶ τοὺς νόμους ἐθέμεθα, αὐτῶν ἕνεκα τῶν νυνὶ ποιουμένων, ἵνα τούτων μηδὲν γίγνηται μηδὲ ἐξῇ συκοφαντεῖν μηδενί. καί μοι ἀνάγνωθι τοὺς νόμους.

[¶38] 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.” 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 Eucleides shall be enforced.”

> Greek: 87. Νόμοι.—ἀγράφῳ δὲ νόμῳ τὰς ἀρχὰς μὴ χρῆσθαι μηδὲ περὶ ἑνός. ψήφισμα δὲ μηδὲν μήτε βουλῆς μήτε δήμου νόμου κυριώτερον εἶναι. μηδὲ ἐπʼ ἀνδρὶ νόμον ἐξεῖναι θεῖναι, ἐὰν μὴ τὸν αὐτὸν ἐπὶ πᾶσιν Ἀθηναίοις, ἐὰν μὴ ἑξακισχιλίοις δόξῃ κρύβδην ψηφιζομένοις. τί οὖν ἦν ἐπίλοιπον; οὑτοσὶ ὁ νόμος. καί μοι ἀνάγνωθι τοῦτον.
⟨Νόμος.⟩ —τὰς δὲ δίκας καὶ τὰς διαίτας κυρίας εἶναι, ὁπόσαι ἐν δημοκρατουμένῃ τῇ πόλει ἐγένοντο. τοῖς δὲ νόμοις χρῆσθαι ἀπʼ Εὐκλείδου ἄρχοντος.

[¶39] 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.

> Greek: 88. τὰς μὲν δίκας, ὦ ἄνδρες, καὶ τὰς διαίτας ἐποιήσατε κυρίας εἶναι, ὁπόσαι ἐν δημοκρατουμένῃ τῇ πόλει ἐγένοντο, ὅπως μήτε χρεῶν ἀποκοπαὶ εἶεν μήτε δίκαι ἀνάδικοι γίγνοιντο, ἀλλὰ τῶν ἰδίων συμβολαίων αἱ πράξεις εἶεν· τῶν δὲ δημοσίων ⟨ἐφʼ⟩ ὁπόσοις ἢ γραφαί εἰσιν ἢ φάσεις ἢ ἐνδείξεις ἢ ἀπαγωγαί, τούτων ἕνεκα τοῖς νόμοις ἐψηφίσασθε χρῆσθαι ἀπʼ Εὐκλείδου ἄρχοντος.

[¶40] 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.

> Greek: 89. ὅπου οὖν ἔδοξεν ὑμῖν δοκιμάσαι μὲν τοὺς νόμους, δοκιμάσαντας δὲ ἀναγράψαι, ἀγράφῳ δὲ νόμῳ τὰς ἀρχὰς μὴ χρῆσθαι μηδὲ περὶ ἑνός, ψήφισμα δὲ ⟨μηδὲν⟩ μήτε βουλῆς μήτε δήμου ⟨νόμου⟩ κυριώτερον εἶναι, μηδʼ ἐπʼ ἀνδρὶ νόμον ⟨ἐξεῖναι⟩ τιθέναι ἐὰν μὴ τὸν αὐτὸν ἐπὶ πᾶσιν Ἀθηναίοις, τοῖς δὲ νόμοις τοῖς κειμένοις χρῆσθαι ἀπʼ Εὐκλείδου ἄρχοντος, ἐνταυθοῖ ἔστιν ὅ τι ὑπολείπεται ἢ μεῖζον ἢ ἔλαττον τῶν γενομένων πρότερον ψηφισμάτων, πρὶν Εὐκλείδην ἄρξαι, ὅπως κύριον ἔσται; οὐκ οἶμαι ἔγωγε, ⟨ὦ⟩ ἄνδρες. σκοπεῖτε δὲ καὶ αὐτοί.

[¶41] 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: “... and I will harbour no grievance against any citizen, save only the Thirty, the Ten, and the Eleven: and even of them against none who shall consent to render account of his office.” 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?

> Greek: 90. φέρε δὴ τοίνυν, οἱ ὅρκοι ὑμῖν πῶς ἔχουσιν; ὁ μὲν κοινὸς τῇ πόλει ἁπάσῃ, ὃν ὀμωμόκατε πάντες μετὰ τὰς διαλλαγάς, καὶ οὐ μνησικακήσω τῶν πολιτῶν οὐδενὶ πλὴν τῶν τριάκοντα ⟨καὶ τῶν δέκα⟩ καὶ τῶν ἕνδεκα· οὐδὲ τούτων ὃς ἂν ἐθέλῃ εὐθύνας διδόναι τῆς ἀρχῆς ἧς ἦρξεν. ὅπου τοίνυν αὐτοῖς τοῖς τριάκοντα ὤμνυτε μὴ μνησικακήσειν, τοῖς μεγίστων κακῶν αἰτίοις, εἰ διδοῖεν εὐθύνας, ἦ που σχολῇ τῶν γε ἄλλων πολιτῶν τινι ἠξιοῦτε μνησικακεῖν. ἡ δὲ βουλὴ αὖ ἡ ἀεὶ βουλεύουσα τί ὄμνυσι;

[¶42] 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.” And what is your own oath as jurors, gentlemen? “... 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.” Let those oaths help you to decide whether I am right when I say that I am championing yourselves and the laws.

> Greek: 91. καὶ οὐ δέξομαι ἔνδειξιν οὐδὲ ἀπαγωγὴν ἕνεκα τῶν πρότερον γεγενημένων, πλὴν τῶν φυγόντων. ὑμεῖς δʼ αὖ, ὦ Ἀθηναῖοι, τί ὀμόσαντες δικάζετε; καὶ οὐ μνησικακήσω, οὐδὲ ἄλλῳ πείσομαι, ψηφιοῦμαι δὲ κατὰ τοὺς κειμένους νόμους. ἃ χρὴ σκοπεῖν, εἰ δοκῶ ὀρθῶς ὑμῖν λέγειν ὡς ὑπὲρ ὑμῶν λέγω καὶ τῶν νόμων.

[¶43] 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 —it being laid down by law that any defaulting tax farmer may be so punished by the Council—he retired into exile.

> Greek: 92. σκέψασθε τοίνυν, ὦ ἄνδρες, καὶ τοὺς νόμους καὶ τοὺς κατηγόρους, τί αὐτοῖς ὑπάρχον ἑτέρων κατηγοροῦσι. Κηφίσιος μὲν οὑτοσὶ πριάμενος ὠνὴν ἐκ τοῦ δημοσίου, τὰς ἐκ ταύτης ἐπικαρπίας τῶν ἐν τῇ γῇ γεωργούντων ἐνενήκοντα μνᾶς ἐκλέξας, οὐ κατέβαλε τῇ πόλει καὶ ἔφυγεν· εἰ γὰρ ἦλθεν, ἐδέδετʼ ἂν ἐν τῷ ξύλῳ.

[¶44] 93. 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.

> Greek: 93. ὁ γὰρ νόμος οὕτως εἶχε, κυρίαν εἶναι τὴν [τε] βουλήν, ὃς ἂν πριάμενος τέλος μὴ καταβάλῃ, δεῖν εἰς τὸ ξύλον. οὗτος τοίνυν, ὅτι τοῖς νόμοις ἐψηφίσασθε ἀπʼ Εὐκλείδου ἄρχοντος χρῆσθαι, ἀξιοῖ ἃ ἔχει ὑμῶν ἐκλέξας μὴ ἀποδοῦναι, καὶ νῦν γεγένηται ἀντὶ μὲν φυγάδος πολίτης, ἀντὶ δὲ ἀτίμου συκοφάντης, ὅτι τοῖς νόμοις τοῖς νῦν κειμένοις χρῆσθε.

[¶45] 94. Then there is Meletus here. Meletus arrested Leon 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.

> Greek: 94. Μέλητος δʼ αὖ οὑτοσὶ ἀπήγαγεν ἐπὶ τῶν τριάκοντα Λέοντα, ὡς ὑμεῖς ἅπαντες ἴστε, καὶ ἀπέθανεν ἐκεῖνος ἄκριτος. καί ⟨τοι⟩ οὗτος ὁ νόμος καὶ πρότερον ἦν ⟨καὶ⟩ ὡς καλῶς ἔχων καὶ νῦν ἔστι, καὶ χρῆσθε αὐτῷ, τὸν βουλεύσαντα ἐν τῷ αὐτῷ ἐνέχεσθαι καὶ τὸν τῇ χειρὶ ἐργασάμενον. Μέλητον τοίνυν τοῖς παισὶ τοῖς τοῦ Λέοντος οὐκ ἔστι φόνου διώκειν, ὅτι τοῖς νόμοις δεῖ χρῆσθαι ἀπʼ Εὐκλείδου ἄρχοντος, ἐπεὶ ὥς γε οὐκ ἀπήγαγεν, οὐδʼ αὐτὸς ἀντιλέγει.

[¶46] 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.

> Greek: 95. Ἐπιχάρης δʼ οὑτοσί, ὁ πάντων πονηρότατος καὶ βουλόμενος εἶναι τοιοῦτος, ὁ μνησικακῶν αὐτὸς αὑτῷ,—οὗτος γὰρ ἐβούλευεν ἐπὶ τῶν τριάκοντα· ὁ δὲ νόμος τί κελεύει, ὃς ἐν τῇ στήλῃ ἔμπροσθέν ἐστι τοῦ βουλευτηρίου; ὃς ἂν ἄρξῃ ἐν τῇ πόλει τῆς δημοκρατίας καταλυθείσης, νηποινεὶ τεθνάναι, καὶ τὸν ἀποκτείναντα ὅσιον εἶναι καὶ τὰ χρήματα ἔχειν τοῦ ἀποθανόντος. ἄλλο τι οὖν, ὦ Ἐπίχαρες, ἢ νῦν ὁ ἀποκτείνας σε καθαρὸς τὰς χεῖρας ἔσται, κατά γε τὸν Σόλωνος νόμον;

[¶47] 96. Kindly read the law from the stone “
Law.— 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.”

> Greek: 96. καί μοι ἀνάγνωθι τὸν νόμον τὸν ἐκ τῆς στήλης.
Νόμος.—ἔδοξε τῇ βουλῇ καὶ τῷ δήμῳ. Αἰαντὶς ἐπρυτάνευε, Κλειγένης ἐγραμμάτευε, Βοηθὸς ἐπεστάτει. τάδε Δημόφαντος συνέγραψεν. ἄρχει χρόνος τοῦδε τοῦ ψηφίσματος ἡ βουλὴ οἱ πεντακόσιοι ⟨οἱ⟩ λαχόντες τῷ κυάμῳ, οἷς Κλειγένης πρῶτος ἐγραμμάτευεν. ἐάν τις δημοκρατίαν καταλύῃ τὴν Ἀθήνησιν, ἢ ἀρχήν τινα ἄρχῃ καταλελυμένης τῆς δημοκρατίας, πολέμιος ἔστω Ἀθηναίων καὶ νηποινεὶ τεθνάτω, καὶ τὰ χρήματα αὐτοῦ δημόσια ἔστω, καὶ τῆς θεοῦ τὸ ἐπιδέκατον·

[¶48] 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.””

> Greek: 97. ὁ δὲ ἀποκτείνας τὸν ταῦτα ποιήσαντα καὶ ὁ συμβουλεύσας ὅσιος ἔστω καὶ εὐαγής. ὀμόσαι δʼ Ἀθηναίους ἅπαντας καθʼ ἱερῶν τελείων, κατὰ φυλὰς καὶ κατὰ δήμους, ἀποκτενεῖν τὸν ταῦτα ποιήσαντα. ὁ δὲ ὅρκος ἔστω ὅδε· κτενῶ καὶ λόγῳ καὶ ἔργῳ καὶ ψήφῳ καὶ τῇ ἐμαυτοῦ χειρί, ἂν δυνατὸς ὦ, ὃς ἂν καταλύσῃ τὴν δημοκρατίαν τὴν Ἀθήνησι, καὶ ἐάν τις ἄρξῃ τινʼ ἀρχὴν καταλελυμένης τῆς δημοκρατίας τὸ λοιπόν, καὶ ἐάν τις τυραννεῖν ἐπαναστῇ ἢ τὸν τύραννον συγκαταστήσῃ· καὶ ἐάν τις ἄλλος ἀποκτείνῃ, ὅσιον αὐτὸν νομιῶ εἶναι καὶ πρὸς θεῶν καὶ δαιμόνων, ὡς πολέμιον κτείναντα τὸν Ἀθηναίων, καὶ τὰ κτήματα τοῦ ἀποθανόντος πάντα ἀποδόμενος ἀποδώσω τὰ ἡμίσεα τῷ ἀποκτείναντι, καὶ οὐκ ἀποστερήσω οὐδέν.

[¶49] 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 army 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.”

> Greek: 98. ἐὰν δέ τις κτείνων τινὰ τούτων ἀποθάνῃ ἢ ἐπιχειρῶν, εὖ ποιήσω αὐτόν τε καὶ τοὺς παῖδας τοὺς ἐκείνου καθάπερ Ἁρμόδιόν τε καὶ Ἀριστογείτονα καὶ τοὺς ἀπογόνους αὐτῶν. ὁπόσοι δὲ ὅρκοι ὀμώμονται Ἀθήνησιν ἢ ἐν τῷ στρατοπέδῳ ἢ ἄλλοθί που ἐναντίοι τῷ δήμῳ τῷ Ἀθηναίων, λύω καὶ ἀφίημι. ταῦτα δὲ ὀμοσάντων Ἀθηναῖοι πάντες καθʼ ἱερῶν τελείων, τὸν νόμιμον ὅρκον, πρὸ Διονυσίων· καὶ ἐπεύχεσθαι εὐορκοῦντι μὲν εἶναι πολλὰ καὶ ἀγαθά, ἐπιορκοῦντι δʼ ἐξώλη αὐτὸν εἶναι καὶ γένος.

[¶50] 99. Well, Mr. Informer, is this law in force? Yes or no, you practised villain? 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.

> Greek: 99. πότερον, ὦ συκοφάντα καὶ ἐπίτριπτον κίναδος, κύριος ὁ νόμος ὅδε ἐστὶν ἢ οὐ κύριος; ⟨οὐ κύριος·⟩ διὰ τοῦτο δʼ οἶμαι γεγένηται ἄκυρος, ὅτι τοῖς νόμοις δεῖ χρῆσθαι ἀπʼ Εὐκλείδου ἄρχοντος. καὶ σὺ ζῇς καὶ περιέρχῃ τὴν πόλιν ταύτην, οὐκ ἄξιος ὤν· ὃς ἐν δημοκρατίᾳ μὲν συκοφαντῶν ἔζης, ἐν ὀλιγαρχίᾳ δέ, ὡς μὴ ἀναγκασθείης τὰ χρήματα ἀποδοῦναι ὅσα συκοφαντῶν ἔλαβες, ἐδούλευες τοῖς τριάκοντα.