On the Mysteries (72-91)

Further, I will prove to you that the decree in question has been repealed and is void.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.

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.[*]

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.

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.

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.[*]

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,[*]:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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?

. . . 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.