The Athenian people have been censured for their folly in believing the democratical constitution in danger, because the Hermæ had been mutilated. I have endeavored to show, that, looking to their religious ideas, the thread of connection between these two ideas is perfectly explicable. And why are we to quarrel with the Athenians because they took arms, and put themselves on their guard, when a Lacedæmonian or a Bœotian armed force was actually on their frontier?
As for the condemnation of Alkibiadês and others for profaning and divulging the Eleusinian mysteries, these are not for a moment to be put upon a level with the condemnations in the Popish Plot. These were true charges, at least there is strong presumptive reason for believing that they were true. Persons were convicted and punished for having done acts which they really had done, and which they knew to be legal crimes. Whether it be right to constitute such acts legal crimes, or not, is another question. The enormity of the Popish Plot consisted in punishing persons for acts which they had not done, and upon depositions of the most lying and worthless witnesses.
The state of mind into which the Athenians were driven after the cutting of the Hermæ, was indeed very analogous to that of the English people during the circulation of the Popish Plot. The suffering, terror, and distraction, I apprehend to have been even greater at Athens: but the cause of it was graver and more real, and the active injustice which it produced was far less than in England.
“I shall not detain the reader (says Dr. Lingard, Hist. Engl. xiii, p. 105) with a narrative of the partial trials and judicial murders of the unfortunate men, whose names had been inserted by Oates in his pretended discoveries. So violent was the excitement, so general the delusion created by the perjuries of the informer, that the voice of reason and the claims of justice were equally disregarded. Both judge and jury seemed to have no other object than to inflict vengeance on the supposed traitors. To speak in support of their witnesses, or to hint the improbability of the informations, required a strength of mind, a recklessness of consequences, which falls to the lot of few individuals: even the king himself, convinced as he was of the imposture, and contemptuously as he spoke of it in private, dared not exercise his prerogative of mercy to save the lives of the innocent.”
It is to be noted that the House of Lords, both acting as a legislative body, and in their judicial character when the Catholic Lord Stafford was tried before them (ch. vi, pp. 231-241), displayed a degree of prejudice and injustice quite equal to that of the judges and juries in the law-courts.
Both the English judicature on this occasion, and the Milanese judicature on the occasion adverted to in a previous note, were more corrupted and driven to greater injustice by the reigning prejudice, than the purely popular dikastery of Athens in this affair of the Hermæ, and of the other profanations.
[322] Plutarch, Alkib. c. 22.
[323] Thucyd. ii, 65. τά τε ἐν τῷ στρατοπέδῳ ἀμβλύτερα ἐποίουν, etc.
[324] The statements respecting the age and life of Laïs appear involved in inextricable confusion. See the note of Göller ad Philisti, Fragment. v.
[325] Diodor. viii, 6; Thucyd. vi, 62. Καὶ τἀνδράποδα ἀπέδοσαν, καὶ ἐγένοντο ἐξ αὐτῶν εἴκοσι καὶ ἑκατὸν τάλαντα. The word ἀπέδοσαν seems to mean that the prisoners were handed over to their fellow-countrymen, the natural persons to negotiate for their release, upon private contract of a definite sum. Had Thucydidês said ἀπέδοντο, it would have meant that they were put up to auction for what they would fetch. This distinction is at least possible, and, in my judgment, more admissible than that proposed in the note of Dr. Arnold.