as Socrates was concerned, was a tissue of the grossest lies; but neither those whose business it is to make jokes for the public, nor the public, who find their pleasure in these jokes, have ever displayed any very scrupulous care in sifting the materials of their mirth. A popular comedy on any event of the day is popular, not because it is true, but because it cleverly tricks out that view of the matter which the multitude delights to think is true; it is the proper pabulum of popular prejudice; and as such there can be no doubt that the gross caricature of Socrates represented in Athens 423 B.C. with great applause, was one of the principal feeders of those local feelings and prejudices by which, twenty-three years afterwards, the great preacher of righteousness was condemned. For we must bear in mind that Socrates was not condemned by a bench of cool lawyers, such as decide cases of heresy in the English Church, but by a jury or popular assembly, most of whom had already prejudged the case; and trial by jury, as large experience in this country has shown, may as readily be made the willing instrument of popular passion, as the strong bulwark against autocratic or oligarchic oppression. And all these sources of evidence bring us to a conclusion which agrees exactly with what might _a priori_ have been predicated from what we know both of the special proclivities of the Athenian people and the general tendencies of human beings, when acting in masses, under the spur of great political or religious excitement. To state the matter more articulately, the view of the philosopher’s guilt taken by his accusers and the {105} majority of the jury who condemned him, may be comprised under the following five points:-- (1.) Socrates was one of the Sophists; and to the superficial undistinguishing eye of the general public of Athens, like any other public, constitutionally impatient of distinctions, it was as natural to confound the philosopher with his antagonists as it was to Tacitus and other intelligent Romans to confound the first Christians with their greatest enemies, the Jews. Whatever odium therefore in public estimation attached to the profession and principles of a Sophist, necessarily attached to Socrates, as one of the most prominent of the class. He was accordingly assumed to be guilty under the following heads of offence, all of which were truly applicable to the majority of the class of men with whom he was identified. (2.) The Sophists generally did not believe in the gods of their country, and, more than that, they were sceptical, and even atheistical, in their whole tone and attitude. (3.) They did not believe in the immutability of moral distinctions, teaching that all morality is based on positive law, custom, fashion, association, or habit.