Thesmothetae

public offenders and sycophants have their names published by the Thesmothetae;

for, while they placed the trial of the greatest crimes in the hands of a single one of the courts, against the sycophants they instituted indictments before the Thesmothetae, impeachments before the Senate, and plaints before the General Assembly, believing that those who plied this trade exceeded all other forms of villainy;

he has expressly laid upon the Thesmothetae the duty of making an annual revision of the laws in the presence of the people, prescribing sharp investigation and examination, in order to determine whether any law stands written which contradicts another law, or an invalid law stands among the valid, or whether more laws than one stand written to govern each action.

for they will say, forsooth, that whatever a man is called on to do under special enactment, this is not an office, but a sort of commission and public service and they will say that offices are those to which the Thesmothetae appoint men by lot in the Theseum, and those which are filled by popular election (the offices of general, cavalry commander, and associated offices);

If now, fellow citizens, what they assert were true, and two laws had been in force governing proclamations, I think the Thesmothetae would necessarily have searched them out, and the prytanes would have referred them to the Nomothetae, and one or the other of the two laws would have been repealed, either the law that gave authority for the proclamation, or the law that forbade it.

It was therefore publicly resolved that such members of the court of the Thesmothetae as were initiates should be presented with the informations of the several claimants and decide between them.

Philocrates yonder presented himself before the Heliaea of the Thesmothetae on the very day of the boy’s burial, and declared that I had murdered his brother, a member of the chorus, by forcing him to drink poison.

I was about to prosecute Aristion, Philinus, Ampelinus, and the secretary to the Thesmothetae, with whose embezzlements they had been associated, on charges which I had presented to the Council in the form of an impeachment.

There are also indictments before them for which a deposit is set down:

They also allot the law-courts to the offices, both private and public.

but now they allot six thesmothetae and a secretary for them, and besides an archon, a king, and a polemarch, by turns from each tribe.

and when he says that we ought to have denounced him to the Thesmothetae, reply that we intend to do so, and that we are now quite properly citing this statute.

He says too that if we believed the charges true, we ought to have faced him in the Court of the Thesmothetae, and asked a fine of a thousand drachmas if our charges had been proved false;

In just the same way, if you, Androtion, propose a decree after having been guilty of prostitution, do not imagine that you ought to escape punishment because we might also have denounced you to the Thesmothetae, but either prove that you are innocent or submit to punishment for any decrees that you have proposed, being what you are;

The law, men of Athens, ordains that actions for merchants and shipowners shall be before the Thesmothetae if they have been in any way wronged in the market either in connection with a voyage from Athens to any point, or from some other port to Athens;

For, just as you question the Thesmothetae in their scrutiny, I will in the same manner question myself before you.

cases of outrage before the Thesmothetae;

Although I had entered this exception in bar of action in addition to the other, and although the Thesmothetae have not competency in the matters concerning which Pantaenetus is bringing his suit, it has been erased, and is not found in the plea as written.

Surely I should suffer most cruel treatment if, when the laws declare that suits growing out of contracts made at Athens shall be brought before the Thesmothetae, you, who have sworn to decide according to the laws, should dismiss the suit.

I was unable to bring a private action (for there were no actions at that time, since you put off all such matters because of the war), but I indicted him before the Thesmothetae on the charge of outrage.

If any man enter into a conspiracy, or join in seeking to bribe the Heliaea or any of the courts in Athens, or the Senate, by giving or receiving money for corrupt ends, or shall organize a clique for the overthrow of the democracy, or, while serving as public advocate, shall accept money in any suit, private or public, criminal suits shall be entered for these acts before the Thesmothetae.

To prove these facts there is no need of my calling witnesses before you, for you all know that in the archonship of Lyciscus the Thesmothetae were deposed from office by vote of the popular assembly because of Theocrines.

You hear the law, men of the jury, hear that it expressly declares that, if any one of those indebted to the treasury shall have his name erased without having discharged his debt to the state, an indictment for non-insertion in the register may be brought against him before the Thesmothetae, but not against a debtor who has not been registered.

And anyone entitled to do so may indict such a person before the Thesmothetae, just as in the case of usurpation of citizenship.

Phrastor, on his part, preferred an indictment against Stephanus before the Thesmothetae, charging that he had betrothed to him, being an Athenian, the daughter of an alien woman as though she were his own.

If an alien shall live as husband with an Athenian woman in any way or manner whatsoever, he may be indicted before the Thesmothetae by anyone who chooses to do so from among the Athenians having the right to bring charges.

There is the board of Thesmothetae ready.

but you override every law yourself, by presenting an impeachment in a case where the laws require a public charge before the Thesmothetae.

but where assault and battery is involved, as the public interest is affected, any citizen who so desires may give notice of a public suit to the Thesmothetes and appear before your court.