Hellenica by Xenophon
page 48 of 424 (11%)
page 48 of 424 (11%)
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Cannonus,[9] which orders that man, whosoever he be, who is guilty of
treason against the people of Athens, to be put in irons, and so to meet the charge against him before the people. If he be convicted, he is to be thrown into the Barathron and perish, and the property of such an one is to be confiscated, with the exception of the tithe which falls to the goddess. I call upon you to try these generals in accordance with this decree. Yes, and so help me God--if it please you, begin with my own kinsman Pericles for base would it be on my part to make him of more account than the whole of the State. Or, if you prefer, try them by that other law, which is directed against robbers of temples and betrayers of their country, which says: if a man betray his city or rob a sacred temple of the gods, he shall be tried before a law court, and if he be convicted, his body shall not be buried in Attica, and his goods shall be confiscated to the State. Take your choice as between these two laws, men of Athens, and let the prisoners be tried by one or other. Let three portions of a day be assigned to each respectively, one portion wherein they shall listen to their accusation, a second wherein they shall make their defence, and a third wherein you shall meet and give your votes in due order on the question of their guilt or innocence. By this procedure the malefactors will receive the desert of their misdeeds in full, and those who are innocent will owe you, men of Athens, the recovery of their liberty, in place of unmerited destruction.[10] [9] "There was a rule in Attic judicial procedure, called the psephism of Kannonus (originally adopted, we do not know when, on the proposition of a citizen of that name, as a psephism or decree for some particular case, but since generalised into common practice, and grown into great prescriptive reverence), which peremptorily forbade any such collective trial or sentence, and directed that a |
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