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.
Public-domain text, read in full here on John Shaqi.
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