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1 Since, if his statements were true, he would adhere to them when examined by Euxitheus, and the prosecution would be able to take advantage of the fact in court.
2 The evidence of inscriptions confirms this. Decrees regulating the relation between Athens and certain members of her confederacy have survived, from which it would seem that while the σύμμαχοι were left with a limited civil jurisdiciton of their own, criminal cases were transferred to the Athenian courts. Thus the Erythraean Decree （I.G. i2. 10 ff.） enacts that all cases of treason involving capital punishment shall be tried at Athens, the Chalcidian Decree （I.G. i2. 39） that cases arising from the εὔθυναι of a magistrate and involving exile, death, or ἀτιμία, shall likewise be tried at Athens, while the Milesian Decree （I.G. i2. 22） allows the local courts a jurisdiction extending only to cases which do not involve a penalty of more than 100 drachmas. It should be borne in mind, however, that although the trial of Euxitheus himself took place at Athens, the choice of such a forum was not necessarily determined by a similar decree transferring the criminal jurisdiction of the Mytilenean courts to Athens. Such a decree doubtless existed; but those which have survived appear to envisage only those cases in which the parties were both members of a subject-state, and it is very probable, though nowhere explicitly stated, that Herodes was not a native Lesbian, but an Athenian citizen resident in Lesbos as a cleruch. If so, there is nothing to prevent our supposing that the trial would have taken place in Athens in any event.