Greek Texts & Translations

23.71Secondly, there is another tribunal, the court by the Palladium, for the trial of involuntary homicide; and it shall be shown that he nullifies that tribunal also, and transgresses the laws there observed. Here also the order is first the oath-taking, secondly the pleadings, and thirdly the decision of the court; and not one of these processes is found in the defendant's decree. If the culprit be convicted, and found to have committed the act, neither the prosecutor nor any other person has any authority over him, but only the law. And what does the law enjoin? 23.72That the man who is convicted of involuntary homicide shall, on certain appointed days, leave the country by a prescribed route, and remain in exile until he is reconciled to one of the relatives of the deceased. Then the law permits him to return, not casually, but in a certain manner; it instructs him to make sacrifice and to purify himself, and gives other directions for his conduct. In all these provisions, men of Athens, the law is right. 23.73It is just to allot a lesser penalty for involuntary than for willful homicide; it is quite right, before ordering a man to go into exile, to provide for his safe departure; and the provisions for the reinstatement of the returning exile, for his purification by customary rites, and so forth, are excellent. Well, everyone of these ordinances, so righteously enacted by the original legislators, has been transgressed by the defendant in drafting his decree. So we have now two tribunals, of great antiquity and high character, and usages handed down from time immemorial, which he has insolently overridden.

23.74Besides these two tribunals there is also a third, whose usages are still more sacred and awe-inspiring, for cases in which a man admits the act of slaying, but pleads that he slew lawfully. That is the court held at the Delphinium. It appears to me, gentlemen of the jury, that the first inquiry made by those who originally defined the rules of jurisprudence in these matters was, whether we are to regard no act of homicide as righteous, or whether any kind of homicide is to be accounted righteous; and that, arguing that Orestes, having slain his own mother, confessing the fact, and finding gods to adjudge his case, was acquitted, they formed the opinion that there is such thing as justifiable homicide,—for gods could not have given an unjust verdict. Having formed this opinion, they immediately set down in writing an exact definition of the conditions under which homicide is lawful. 23.75The defendant, however, admitted no exception; he simply makes an outcast of any man who kills Charidemus, even though he kill him justly or as the laws permit. And yet to every act and to every word one of two epithets is applicable: it is either just or unjust. To no act and to no word can both these epithets be applied at the same time, for how can the same act at the same time be both just and not just? Every act is brought to the test as having the one or the other of these qualities; if it be found to have the quality of injustice, it is adjudged to be wicked, if of justice, to be good and honest.—But you, sir, used neither qualification when you wrote the words, “if any man kill.” You named the mere accusation, without any definition, and then immediately added, “let him be liable to seizure.” Thereby you have evidently ignored this tribunal and its usages as well as the other two.