Abdicatus

Lucian of Samosata

Lucian, Vol. 5. Harmon, A. M., editor. London: William Heinemann, Ltd.; Cambridge, MA: Harvard University Press, 1936.

My father, in his inexperience (for he does not know either the origin of the trouble that holds her in its grip, or its cause, or the extent of the infirmity), bade me treat her and give her the same medicine; for he thinks that madness has but one form, that the ailment is simple, and that her illness is identical with his, permitting the same treatment. When I say what is as true as true can be, that it is impossible to save his wife and confess that I am worsted by the disorder, he is indignant and angry, and says that I am deliberately shirking and giving the woman up, thus making the ineffectiveness of the art of medicine a reproach against me. He does, indeed, what is habitually done by people who are offended; all are angry at those who speak the truth in frankness. In spite of that, I shall plead to the best of my ability against him, not only for myself but for my art.

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First, I shall begin with the law under which he wishes to disown me, in order that he may discover that his power is now no longer what it was before. The lawgiver, father,has not permitted all to exercise the privilege of disownment, or upon all sons, or as often as they choose, or upon all manner of grounds. On the contrary, just as he has conceded to fathers the right to exercise such anger, just so he has made provision in behalf of sons, that they may not suffer it unjustly ; and for that reason he has not allowed the punishment to be inflicted freely or without trial, but has ordered men to be summoned to court and empanelled as investigators who will not be influenced either by anger or by malice in determining what is just. For he knew that many people on many occasions are obsessed by senseless reasons for anger; that one believes a malicious falsehood, while another relies upon a servant or an unfriendly female. It was not his idea, therefore, that the thing should go untried or that sons should at once lose their case by default. Water is measured,[*](Time for speaking is apportioned to each side by the waterclock (κλέψυδρα). ) a hearing is given, and nothing is left uninvestigated.

Accordingly, since it is within your powers, since my father controls only the charge, and you who sit in judgement control the decision whether his accusation is reasonable, do not yet consider his specific allegation against me and the ground of his present indignation, but first examine that other point, whether he should still be allowed to disown a son when, after once for all disowning him, using the privilege that derives from the law and exercising to the full this paternal suzerainty, he has subsequently

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taken him back again and annulled the disownment. I say that such a thing is most unjust—for punishments, precisely in the case of children, to be interminable, their condemnations numerous, and their fear eternal; for the law at one moment to share the prosecutor’s anger, only soon afterward to relax, and then again to be as severe as before; in a word, for justice to be altered this way and that to conform to the momentary opinion of fathers. No, the first time it is right to give the parent free rein, to share his anger with him, to make him arbiter of the punishment; but if, once for all, he expends his privilege, makes full use of the law, satisfies his anger, and then afterwards takes back his son, persuaded that he deserves it, he must abide by it, and not keep shifting, changing his mind, and altering his decision.

When that son was born there was no way, of course, to ascertain whether he would turn out to be bad or good, and on that account the privilege of repudiating children who are unworthy of their family has been allowed to their parents, since they determined to bring them up at a time when they were unaware ofthis.

When, however, under no constraint but able to do as he pleases, a man himself, of his own motion and after putting his son to the test, takes him back, what pretext for change of mind remains, or what further recourse to the law? The legislator would say to you: “If he was bad and deserved to be disowned, what made you ask him back? Why did you readmit him to your house? Why did you nullify the law? You were free and at liberty not to do this. Surely it cannot be conceded that you should make sport of the laws and that

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the courts should be convened to suit your changes of mind, that the laws should be relaxed one moment and enforced the next and the jurors sit to register, or rather to execute, your decisions, inflicting a penalty at one time, bringing you together at another, as often as it shall please you. You begat him once for all, you brought him up once for all, and have once for all, in return for this, the power to disown him, and then only if you are held to be doing it justly. This persistence, this interminability, this prodigious casualness is beyond the legal right of a father.”

In Heaven’s name, gentlemen of the jury, do not permit him, once he has effected the reinstatement of his own free will, set aside the decision of the former court, and nullified his anger, to reinvoke the same penalty and to recur to the right of a father when its term by now is over and done with, inoperative in his case alone because it is already used up. You perceive, surely, that in all courts where jurors are drawn by lot, if a man thinks that the verdict is unjust, the law allows him to appeal from them to another tribunal; but if people have themselves of their own accord agreed upon jurors and willingly committed the arbitrament to them, that is not then the case. For there was no need to consult them at all; but if a man has selected them of his own choice, he ought to remain content with their decision. So it is with you: a son who seemed to you unworthy of his lineage need never have been taken back, but one whom you have pronounced good and taken

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back again you will not thereafter be able to disown ; for you yourself have borne witness that he does not deserve to undergo this again, and have acknowledged that he is good. It is fitting, therefore, that his reinstatement should be irrevocable and the reconciliation binding after deliberation so oft-repeated, and two sessions of court, one (the first) in which you repudiated him, the other (your own) when you changed your mind and undid it. By setting aside the earlier decision you have guaranteed your later determination. Abide, then, by your latest purpose and maintain your own verdict; you must be a father, for that is what you decided, what you approved, what you ratified.

Even if I were not your own son, but adopted, and you wished to disown me, I should not think you could; for what it was possible not to do at all, it is unjust to undo once it has taken place. But when a son has been got by birth, and then again by choice and decision, how is it reasonable to put him away again and deprive him repeatedly of that single relationship? If I happened to be a slave, and at first, thinking me vicious, you had put me in irons, but on becoming convinced that I was not a wrongdoer you had let me go and set me free, would it be in your power, if you became angry on occasion, to bring me back into the same condition of slavery? By no means, for the laws require that such pacts should be permanent and under all circumstances valid.

Upon the point that it is no longer in his power to disown one whom he has once disowned and then of his own accord taken back I still have much to say ; nevertheless, I shall make an end.

But consider what manner of man he will now be disowning. I do

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not mean that then I was but a layman, whereas now I am a physician, for my profession would avail me nothing in this respect. Nor that then I was young, whereas now I am well on in years and derive from my age the right to have it believed that I would do no wrong; for that too is perhaps trivial. But at that time, even if he had suffered no wrong, as I should maintain, yet he had received no benefit from me when he excluded me from the house ; whereas now I have recently been his saviour and benefactor. What could be more ungrateful than that, after he had been saved through me and had escaped so great a danger, he should at once make return in this way, taking no account of that cure; nay, should so easily forget and try to drive into loneliness a man who, when he might justly have exulted over those who had unjustly cast him out, not only had borne him no grudge but actually had saved his life and made him sound of mind?