Greek Texts & Translations

What was needed to complete the list? Only the following law, which I will ask the clerk to read to you.

Laws
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 ^note shall be enforced.

1.88The 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.

1.89Now 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.

1.90And 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, ^note 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? 1.91“. . . and I will allow no information or arrest arising out of past events, save only in the case of those who fled from Athens.” ^note 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.

1.92And 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 1.93—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.

1.94Then there is Meletus here. Meletus arrested Leon ^note 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. ^note

1.95Then 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.