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emperor, I confess many thanks to God who reigns over all, because He has given an opportunity for a defense, and no less to the emperor and the patriarch, the one who persuaded the inquiry, and the one who was persuaded; and to you who have come, for your troubles. But I ask of you, not to pay attention to me as an emperor in this 1.229 trial, nor to concede anything of what you might condemn because of my rank, but inexorably to vote against me on those things in which you think I do wrong. If, however, in the middle of my defense by necessity—for I would never have willingly come to such words—I show my emperor and grandfather to be acting unjustly and breaking his oath, I ask that you do not attribute the words to me but to the very nature of the matter, nor that you yourselves cast a vote, but that you sit as judges for me, and for him as hearers only. Since you have ordered me to make my defense, it is necessary for the accusers first to bring the charges into the open, so that I myself may make my defenses in turn.” So the emperor said such things; and the judges, after praising his words, ordered those in charge to bring the accusations into the open. And coming into their midst, both the Dikaiophylax and the bishop of Moglaina, they went through everything one by one. But as the emperor was making his defense, they seemed to have nothing certain, nor clear proof either from the facts themselves, or indeed from any testimony; but they seemed to have been collected from suspicion rather than from truth. Finally they said this: “in the oaths written for the peace, this too is written, that the emperor your grandfather is to have all administration and leadership of the empire, and you are to be under him and carry out his commands; and that the one who acts contrary to these things is a perjurer and unjust. But you, with the emperor neither permitting nor indeed knowing, 1.230 by force took four thousand pieces of gold from those who collect the public taxes.” “That I took the money, I myself would not deny,” said the emperor, “but I have not committed perjury, nor is it right for me to be judged shameless and disrespectful of the emperor for this reason.” “You speak something like a riddle,” the judges said, “if, it being written in the oaths that you are to do nothing against the emperor's will, you yourself, having taken the money with the emperor unwilling, should say that you have not even broken the oaths. For either it is not written that the emperor has the entire administration of affairs, and that you are to do nothing against his will, or, this being granted, you could not escape the charge of perjury, confessing that you have taken the money with the emperor unwilling.” But Xanthopoulos, one of those who had arrived from Byzantium, said, “It is not right to vote against him, before the emperor gives a speech about the accusations; for then we would know if it is necessary to acquit or to condemn him based on what is said.” And when the others agreed, the emperor defended himself with such words: 48. “And I think it is just and it would have been my wish, if the emperor had examined what was being done with the appropriate exactness; for then he would not now be prosecuting me for shamelessness and fearlessness and, what is greatest, for perjury. For the judge not having his mind prejudiced makes him render judgments that are especially correct; but he who is not in this state is for the most part bound to err. For if the causes that arose during the previous 1.231 wars, on account of which the treaties and the oaths proceeded, and from where and from what he observed, and my care and eagerness and zeal toward the cessation of the war, and furthermore the concern and obedience and affection toward him which I showed on every occasion that offered itself, I would not now be on trial for such things, but I myself would have been free from present evils, and the Romans from those expected, and the emperor himself would be outside of all disturbance and of the infamy arising from seeming to bring war upon the Romans willingly for their destruction. But now, as it seems, having forgotten all those things, which you all have heard, he has accused me of many and terrible things. But I, although all the other things are terrible, would have borne them in silence out of respect for the emperor and in order not, for the sake of a defense, of the things some blame upon him
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βασιλεὺς, χάριτας μὲν πολλὰς ὁμολογῶ τῷ πάντων βασιλεύοντι θεῷ, ὅτι καιρὸν παρέσχεν ἀπολογίας, οὐχ ἧττον δὲ βασιλεῖ τε καὶ πατριάρχῃ, τῷ μὲν πείσαντι τὴν ἐξέτασιν, τῷ δὲ πεισθέντι· καὶ ὑμῖν τοῖς ἀφιγμένοις ἕνεκα τῶν πόνων. δέομαι δὲ ὑμῶν, μὴ ὡς βασιλεῖ μοι προσέχειν ἐπὶ τῆς 1.229 δίκης ταυτησὶ, μηδέ τι ὧν ἂν καταγνώσησθε διὰ τὸ ἀξίωμα συγχωρεῖν, ἀλλ' ἀπαραιτήτως ἐφ' οἷς ἂν οἴησθε καταψηφίζεσθαι ἀδικεῖν. ἂν μέντοι μεταξὺ ἀπολογούμενος ἀνάγκῃ γε οὐ γὰρ ἑκοντὶ πρὸς τοιούτους ἄν ποτε ἦλθον λόγους τὸν βασιλέα καὶ πάππον τὸν ἐμὸν ἀποφαίνω ἀδικοῦντα καὶ ἐπιορκοῦντα, μήτ' ἐμοὶ λογίζεσθαι ἀλλ' αὐτῇ τῇ τοῦ πράγματος δέομαι φύσει τοὺς λόγους μήτ' αὐτοὺς ψῆφον ἐξάγειν, ἀλλ' ἐμοὶ μὲν κριτὰς καθῆσθαι, ἐκείνῳ δὲ ἀκροατὰς καὶ μόνον. ἐπεὶ δέ με ἐκελεύσατε ἀπολογεῖσθαι, ἀναγκαῖον τοὺς κατηγοροῦντας πρῶτον τὰ ἐγκλήματα εἰς μέσον ἄγειν, ὡς ἂν ἐφεξῆς αὐτὸς ποιῶμαι τὰς ἀπολογίας.» Βασιλεὺς μὲν οὖν τοιαῦτα εἶπεν· οἱ δικασταὶ δὲ ἐπαινέσαντες τοὺς λόγους, τὰ ἐγκλήματα ἐκέλευον τοὺς ἐπιτετραμμένους εἰς μέσον ἄγειν. καὶ παρελθόντες εἰς μέσους ὅ, τε δικαιοφύλαξ καὶ ὁ τῶν Μογλαίνων ἐπίσκοπος, διεξῄεσαν πάντα καθ' ἕν. ἀπολογουμένου δὲ βασιλέως, βέβαιον μὲν οὐδὲν ἐδόκουν ἔχειν, οὐδ' ἀπόδειξιν ἐναργῆ οὔτ' ἐξ αὐτῶν τῶν πραγμάτων, οὔτε μὴν ἐκ μαρτυρίας τινός· ἐδόκουν δὲ ἐξ ὑποψίας μᾶλλον ἢ ἀληθείας συνειλέχθαι. τελευταῖον δὲ τόδε εἶπον· «ἐν τοῖς ὅρκοις τοῖς ἐπὶ τῇ εἰρήνῃ γεγραμμένοις γέγραπται καὶ τοῦτο, τὸ τὸν μὲν βασιλέα τὸν πάππον τὸν σὸν τὴν διοίκησιν πᾶσαν ἔχειν καὶ ἡγεμονίαν τῆς ἀρχῆς, σὲ δὲ ὑπ' αὐτὸν τελεῖν καὶ τὰ προσταττόμενα ἐκπληροῦν· τὸν δὲ παρὰ ταῦτα ποιοῦντα, ἐπίορκον καὶ ἄδικον εἶναι. σὺ δὲ, μήτ' ἐπιτρέψαντος μήτε μὴν εἰδότος βασιλέως, 1.230 ἀπὸ τῶν τοὺς δημοσίους πραττόντων φόρους ἀφείλου βίᾳ χιλιάδας τέτταρας χρυσίου.» «ὅτι μὲν τὰ χρήματα ἀφειλόμην, οὐδ' αὐτὸς ἂν ἀρνηθείην» εἶπεν ὁ βασιλεὺς, οὐκ ἐπιωρκηκέναι δὲ, οὐδ' ἀναίσχυντος καὶ καταφρονητὴς διὰ τοῦτο δίκαιος κρίνεσθαι βασιλέως. «αἰνίγματι λέγεις ὅμοιον» οἱ δικάζοντες εἶπον «εἰ μηδὲν πράττειν ἐπὶ τῶν ὅρκων παρὰ γνώμην βασιλέως γεγραμμένου, αὐτὸς τὰ χρήματα βασιλέως ἄκοντος λαβὼν, μηδὲ τοὺς ὅρκους παραβεβηκέναι φαίης. ἢ γὰρ οὐ γέγραπται, τὴν διοίκησιν πᾶσαν τῶν πραγμάτων βασιλέα ἔχειν, σέ τε μηδὲν παρὰ γνώμην ποιεῖν ἐκείνου, ἢ, τούτου δοθέντος, οὐκ ἂν διαφύγοις τὸ ἐπιορκεῖν, ἄκοντος βασιλέως τὰ χρήματα εἰληφέναι ὁμολογῶν.» Ξανθόπουλος δὲ τῶν ἐκ Βυζαντίου ἀφιγμένων εἷς «οὐ δίκαιον» εἶπε «καταψηφίζεσθαι, πρὶν ἂν ὁ βασιλεὺς περὶ τῶν κατηγορουμένων λόγον δῷ· τότε γὰρ, εἰ δικαιοῦν ἢ καταψηφίζεσθαι ἐκ τῶν λεγομένων δέοι, γνοίημεν ἄν. συνθεμένων δὲ καὶ τῶν ἄλλων, ὁ βασιλεὺς ἀπελογεῖτο τοιαῦτα· μηʹ. «Καὶ δίκαιον εἶναι νομίζω καὶ κατὰ γνώμην ἦν ἂν ἐμοὶ, εἰ τὰ πραττόμενα βασιλεὺς μετὰ τῆς προσηκούσης ἐξήταζεν ἀκριβείας· ἦ γὰρ ἂν οὐκ ἂν ἐμὲ νῦν ἀναιδείας καὶ ἀφοβίας καὶ, τὸ μέγιστον, ἐδίωκεν ἐπιορκίας. τὸ μὲν γὰρ μὴ προκατειλῆφθαι τὸν δικαστὴν τὴν γνώμην, ἐξάγειν μάλιστα ὀρθὰς ποιεῖ τὰς κρίσεις· ὃ δὲ μὴ τοῦτον τὸν τρόπον, σφάλλεσθαι ὡς τὰ πολλὰ ἀνάγκη. ἐὰν γὰρ τάς τε κατὰ τοὺς προτέ 1.231 ρους πολέμους αἰτίας γεγενημένας, δι' ἃς αἵ τε ξυνθῆκαι προὐχώρησαν καὶ οἱ ὅρκοι, ὅθεν τε κἀκ τίνος συνεώρα, καὶ τὴν ἐμὴν πρὸς τὴν τοῦ πολέμου κατάλυσιν ἐπιμέλειαν καὶ σπουδὴν καὶ προθυμίαν, ἔτι τε ἣν ἐνεδειξάμην ἐν τῷ παρασχόντι παντὶ κηδεμονίαν καὶ εὐπείθειαν καὶ στοργὴν πρὸς αὐτὸν, οὐκ ἂν νῦν τοιαῦτα ἔφευγον ἐγὼ, ἀλλὰ τῶν τε παρόντων ἂν αὐτὸς ἐγὼ καὶ τῶν προσδοκωμένων οἱ Ῥωμαῖοι κακῶν ἦμεν ἀπηλλαγμένοι, βασιλεύς τε αὐτὸς θορύβου τε παντὸς ἔξω καὶ τῆς ἀπὸ τοῦ ἑκοντὶ Ῥωμαίοις ἐπὶ φθορᾷ δοκεῖν τὸν πόλεμον ἐπάγειν δυσκλείας γινομένης. νυνὶ δὲ, ὡς ἔοικεν, ἐκείνων ἁπάντων ἐπιλελησμένος, ἃ ὑμεῖς πάντες ἀκηκόατε κατηγόρηκέ μου πολλὰ καὶ δεινά. ἐγὼ δὲ, καίτοι δεινῶν ὄντων τῶν ἄλλων ἁπάντων, ἠνεσχόμην ἂν σιγῇ αἰδοῖ τε τῇ πρὸς βασιλέα καὶ τῷ, μὴ τῆς ἀπολογίας ἕνεκα τῶν μέμψιν τινὰ αὐτῷ