1. Gentlemen of the jury, Euctemon finding himself wronged by Androtion, thinks it his duty to obtain satisfaction for himself and at the same time to up hold the constitution; and that is what I also shall essay to do, if I am equal to the task. As a matter of fact the outrages that Euctemon has endured, many and serious and utterly illegal as they were, are slighter than the trouble that Androtion has caused me. Euctemon was the object of a plot to get money out of him and to eject him unfairly from an office of your appointment; but if the charges that Androtion trumped up against me had been accepted in your courts, not a single living man would have opened his door to me, for he accused me of things that anyone would have shrunk from mentioning, unless he were a man of the same stamp as himself, saying that I had killed my own father.
1. ὅπερ Εὐκτήμων, ὦ ἄνδρες δικασταί, παθὼν ὑπʼ Ἀνδροτίωνος κακῶς, ἅμα τῇ τε πόλει βοηθεῖν οἴεται δεῖν καὶ δίκην ὑπὲρ αὑτοῦ λαβεῖν, τοῦτο κἀγὼ πειράσομαι ποιεῖν, ἐὰν ἄρʼ οἷός τʼ ὦ. συμβέβηκε δέ, πολλὰ καὶ δεινὰ καὶ παρὰ πάντας τοὺς νόμους Εὐκτήμονος ὑβρισμένου, ἐλάττω ταῦτʼ εἶναι τῶν ἐμοὶ γεγενημένων διʼ Ἀνδροτίωνος πραγμάτων. οὗτος μέν γʼ εἰς χρήματα καὶ τὸ παρʼ ὑμῶν ἀδίκως ἐκπεσεῖν ἐπεβουλεύθη· ἐμὲ δʼ οὐδʼ ἂν ἐδέξατο τῶν ὄντων ἀνθρώπων οὐδὲ εἷς, εἰ τὰ κατασκευασθένθʼ ὑπὸ τούτου παρʼ ὑμῖν ἐπιστεύθη.
2. He also concocted a public indictment for impiety, not against me directly, but against my uncle, whom he brought to trial, charging him with impiety for associating with me, as though I had committed the alleged acts, and if it had ended in my uncle’s conviction, who would have suffered more grievously at the defendant’s hands than I? For who, whether friend or stranger, would have consented to have any dealings with me? What state would have admitted within its borders a man deemed guilty of such impiety? Not a single one.
2. αἰτιασάμενος γάρ με, ἃ καὶ λέγειν ἂν ὀκνήσειέ τις, εἰ μὴ τύχοι προσόμοιος ὢν τούτῳ, τὸν πατέρʼ ὡς ἀπέκτονʼ ἐγὼ τὸν ἐμαυτοῦ, καὶ κατασκευάσας ἀσεβείας γραφὴν οὐκ ἐπʼ ἐμέ, ἀλλʼ ἐπὶ τὸν θεῖόν μου, γράψας ἀσεβεῖν ἐμοὶ συνιόντʼ εἰς ταὐτὸν ὡς πεποιηκότι ταῦτα, εἰς ἀγῶνα κατέστησεν· ὃν εἰ συνέβη τόθʼ ἁλῶναι, τίς ἂν ἀθλιώτερʼ ἐμοῦ πεπονθὼς ἦν ὑπὸ τούτου; τίς γὰρ ἂν ἢ φίλος ἢ ξένος εἰς ταὐτό ποτʼ ἐλθεῖν ἠθέλησεν ἐμοί; τίς δʼ ἂν εἴασε πόλις που παρʼ ἑαυτῇ γενέσθαι τὸν τὸ τοιοῦτʼ ἀσέβημα δοκοῦντʼ εἰργάσθαι; οὐκ ἔστιν οὐδὲ μία.
3. Of these charges, then, I cleared myself in your court, not by a narrow margin but so completely that my accuser failed to obtain a fifth of the votes; and upon Androtion I shall endeavor, with your help, to avenge myself today and on every other occasion. I shall pass over a great deal that I might say about private matters; but there are other matters on which you are now going to give your votes, including not a few injuries which the defendant has done you in dealing as a citizen with public affairs, and these, which Euctemon chose to pass over, but which it is better for you to understand, I shall now try to explain briefly.
3. ἐγὼ τοίνυν ταῦτα μὲν οὐ παρὰ μικρὸν ἀγωνιζόμενος παρʼ ὑμῖν ἀπελυσάμην, ἀλλʼ ὥστε τὸ πέμπτον μέρος μὴ λαβεῖν τούτους τῶν ψήφων· τουτονὶ δὲ μεθʼ ὑμῶν πειράσομαι καὶ νῦν καὶ τὸν ἄλλον ἅπαντʼ ἀμύνεσθαι χρόνον. καὶ περὶ μὲν τῶν ἰδίων ἔχων ἔτι πολλὰ λέγειν ἐάσω· περὶ δʼ ὧν οἴσετε τὴν ψῆφον νυνὶ καὶ περὶ ὧν οὗτος δημοσίᾳ πεπολιτευμένος οὐκ ὀλίγʼ ὑμᾶς ἔβλαψεν, ἅ μοι παραλείπειν Εὐκτήμων ἐδόκει, βέλτιον δʼ ὑμᾶς ἀκοῦσαι, ταῦτα διεξελθεῖν ἐν βραχέσιν πειράσομαι.
4. If I could see any straightforward defence that he could offer to these charges, I would not make any reference to them; but I am quite certain that he cannot have any simple and honest plea to put forward, but will try to hoodwink you, inventing malicious answers to each charge and so leading you astray. For he is a skillful rhetorician, men of Athens, and has devoted all his life to that one study. Therefore, that you may not be deceived and persuaded to vote contrary to the spirit of your oath and to acquit a man whom you have every reason to punish, pray attend to what I shall say, so that when you have heard me, you may have the right reply to every argument that he will advance.
4. ἐγὼ γὰρ εἰ μὲν ἑώρων τινʼ ἁπλῆν τούτῳ περὶ ὧν φεύγει πρὸς ὑμᾶς οὖσαν ἀπολογίαν, οὐκ ἂν ἐποιούμην περὶ αὐτῆς μνείαν οὐδεμίαν. νῦν δʼ οἶδα σαφῶς ὅτι οὗτος ἁπλοῦν μὲν οὐδὲ δίκαιον οὐδὲν ἂν εἰπεῖν ἔχοι, ἐξαπατᾶν δʼ ὑμᾶς πειράσεται πλάττων καὶ παράγων πρὸς ἕκαστα τούτων κακούργους λόγους. ἔστι γάρ, ὦ ἄνδρες Ἀθηναῖοι, τεχνίτης τοῦ λέγειν καὶ πάντα τὸν βίον ἐσχόλακεν [ἐν] τούτῳ. ὑπὲρ οὖν τοῦ μὴ παρακρουσθέντας ὑμᾶς ἐναντία μὲν τοῖς ὀμωμοσμένοις πεισθῆναι ψηφίσασθαι, ἀφεῖναι δὲ τοῦτον ὃν ὑμῖν πολλῶν ἕνεκʼ ἄξιον κολάσαι, προσέχετε τὸν νοῦν οἷς ἐρῶ, ἵνʼ ἀκούσαντες ἐμοῦ πρὸς ἕκαστον τῶν ὑπὸ τούτου ῥηθησομένων ἔχηθʼ ὑπολαμβάνειν ἃ δεῖ.
5. There is one plea which he thinks a clever defence of the omission of the preliminary decree. There is a law, he says, that if the Council by its performance of its duties seems to deserve a reward, that reward shall be presented by the people. That question, he says, the chairman of the Assembly put, the people voted, and it was carried. In this case, he says, there is no need of a preliminary decree, because what was done was in accordance with law. But I take the exactly contrary view-and I think you will agree with me—that the preliminary decrees should only be proposed concerning matters prescribed by the laws, because, where no laws are laid down, surely no proposal whatever is admissible.
5. ἔστι γὰρ εἷς μὲν ὃν οἴεται τεχνικῶς ἔχειν αὐτῷ λόγος περὶ τοῦ ἀπροβουλεύτου. νόμος ἐστί, φησίν, ἐὰν ἀξίως ἡ βουλὴ δοκῇ βουλεῦσαι δωρειᾶς, διδόναι τὸν δῆμον τὴν δωρειὰν αὐτῇ. ταῦτʼ ἐπήρετο, φησίν, ὁ ἐπιστάτης, διεχειροτόνησεν ὁ δῆμος, ἔδοξεν. οὐδὲν δεῖ, φησί, προβουλεύματος ἐνταῦθα· κατὰ γὰρ νόμον ἦν τὰ γιγνόμενα. ἐγὼ δʼ αὐτὸ τοὐναντίον οἴομαι, νομίζω δὲ καὶ ὑμῖν συνδόξειν, περὶ τούτων ⟨δεῖν⟩ τὰ προβουλεύματʼ ἐκφέρειν μόνων περὶ ὧν κελεύουσιν οἱ νόμοι, ἐπεὶ περὶ ὧν γε μὴ κεῖνται νόμοι οὐδὲ γράφειν τὴν ἀρχὴν προσήκει οὐδὲ ἓν δήπου.
6. Now he will say that all the Councils that have ever received a reward from you, have received it in this way, and that in no case has a preliminary decree ever been passed. But I think—or rather, I am certain—that this statement is untrue. Even if it were absolutely true, yet surely where the law says the opposite, we ought not to transgress the law now because it has often been transgressed before; on the contrary we ought to enforce the observance of the law, beginning with you, Androtion, first.
6. φησὶ τοίνυν τοῦτον ἁπάσας τὸν τρόπον εἰληφέναι τὰς βουλάς, ὅσαι πώποτʼ ἔχουσι παρʼ ὑμῶν δωρειάν, καὶ οὐδὲ μιᾷ γεγενῆσθαι προβούλευμα πώποτε. ἐγὼ δʼ οἴομαι μὲν οὐχὶ λέγειν αὐτὸν ἀληθῆ, μᾶλλον δʼ οἶδα σαφῶς· οὐ μὴν ἀλλʼ εἰ τοῦτο τοιοῦτʼ ἐστὶν τὰ μάλιστα, ὁ νόμος δὲ λέγει τἀναντία, οὐχ ὅτι πολλάκις ἡμάρτηται δήπου πρότερον, διὰ τοῦτʼ ἐπεξαμαρτητέον ἐστὶ καὶ νῦν, ἀλλὰ τοὐναντίον ἀρκτέον, ὡς ὁ νόμος κελεύει, τὰ τοιαῦτα ποιεῖν ἀναγκάζειν ἀπὸ σοῦ πρώτου.
7. You must not tell us that this has often been done before; you must show us that it is right to do it. If the practice has at any time been contrary to the laws and you have only followed precedent, you cannot in fairness escape, but ought all the more to be convicted; for if any of the former delinquents had been condemned, you would never have proposed the resolution, and in the same way, if you are punished now, no one else will propose it in the future.
7. σὺ δὴ μὴ λέγʼ ὡς γέγονεν τοῦτο πολλάκις, ἀλλʼ ὡς οὕτω προσήκει γίγνεσθαι. οὐ γὰρ εἴ τι πώποτε μὴ κατὰ τοὺς νόμους ἐπράχθη, σὺ δὲ τοῦτʼ ἐμιμήσω, διὰ τοῦτʼ ἀποφεύγοις ἂν δικαίως, ἀλλὰ πολλῷ μᾶλλον ἁλίσκοιο· ὥσπερ γὰρ εἴ τις ἐκείνων προήλω, σὺ τάδʼ οὐκ ἂν ἔγραψας, οὕτως, ἂν σὺ νῦν δίκην δῷς, ἄλλος οὐ γράψει.
8. Coming now to the law which explicitly denies to the Council the right to ask a reward, if they have not built the warships, it is worth while to hear the defence that he will set up, and to get a clear view of the shamelessness of his behavior from the arguments that he attempts to use. The law, he says, forbids the Council to ask for the reward, if they have not built the ships. But, he adds, the law nowhere prohibits the Assembly from giving it. “If I gave it at their request, my motion was illegal, but if I have never mentioned the ships in the whole of my decree, but give other grounds for granting a crown to the Council, where is the illegality of my motion?”
8. περὶ τοίνυν τοῦ νόμου τοῦ διαρρήδην οὐκ ἐῶντος ἐξεῖναι μὴ ποιησαμένῃ τῇ βουλῇ τὰς τριήρεις αἰτῆσαι τὴν δωρειάν, ἄξιόν ἐστιν ἀκοῦσαι τὴν ἀπολογίαν ἣν ποιήσεται, καὶ θεωρῆσαι τὴν ἀναίδειαν τοῦ τρόπου διʼ ὧν ἐγχειρεῖ λέγειν. ὁ νόμος, φησίν, οὐκ ἐᾷ τὴν βουλὴν αἰτῆσαι τὴν δωρειάν, ἐὰν μὴ ποιήσηται τὰς τριήρεις· ὁμολογῶ. δοῦναι δέ γʼ οὐδαμοῦ, φησί, κωλύει τὸν δῆμον. ἐγὼ δʼ, εἰ μὲν ἔδωκʼ αἰτούσῃ, παρὰ τὸν νόμον εἴρηκα· εἰ δὲ μὴ πεποίημαι μνείαν περὶ τῶν νεῶν ἐν ὅλῳ τῷ ψηφίσματι, ἀλλʼ ἕτερʼ ἄττα λέγω διʼ ἃ τὴν βουλὴν στεφανῶ, πῶς παρὰ τὸν νόμον εἴρηκα;
9. It is surely not difficult for the jury to find the right answer to this: that in the first place the Committee of the Council and the chairman, who puts these proposals to the vote, duly put the question and called for a show of hands—“those who are of opinion that the Council have deserved a reward, to vote aye; on the contrary, no.” Yet surely men who neither ask nor expect a reward should never have put the question at all.
9. ἔστι δὴ πρὸς ταῦτʼ οὐ χαλεπὸν τὰ δίκαιʼ ὑμῖν ἀντειπεῖν, ὅτι πρῶτον μὲν οἱ προεδρεύοντες τῆς βουλῆς καὶ ὁ ταῦτʼ ἐπιψηφίζων ἐπιστάτης ἠρώτων καὶ διαχειροτονίαν ἐδίδοσαν, ὅτῳ δοκεῖ δωρειᾶς ἀξίως ἡ βουλὴ βεβουλευκέναι καὶ ὅτῳ μή· καίτοι τούς γε μὴ αἰτοῦντας μηδὲ λαβεῖν ἀξιοῦντας τὴν ἀρχὴν οὐδʼ ἐπερωτᾶν προσῆκεν.
10. Besides this, when Meidias and others brought certain accusations against the Council, the Councillors fairly leaped up on to the platform and begged not to be robbed of their reward. There is no need for me to tell the jury this, for you were present in the Assembly and know what happened there. So when he says that the Council did not ask for it, have that answer ready for him. But I will also prove to you that the people are forbidden by the law to give the reward, if the Council have not built the ships.
10. πρὸς τοίνυν τούτοις ἔστιν ἃ Μειδίου κατηγοροῦντος τῆς βουλῆς καὶ ἄλλων τινῶν, ἀναπηδῶντες οἱ βουλευταὶ ἐδέοντο μὴ σφᾶς ἀφελέσθαι τὴν δωρειάν. καὶ ταῦτʼ οὐ παρʼ ἐμοῦ δεῖ πυθέσθαι τοὺς δικάζοντας ὑμᾶς, ἀλλʼ αὐτοὶ παρόντες ἴστʼ ἐν τῷ δήμῳ γενόμενα. ὥσθʼ ὅταν μὲν μὴ φῇ τὴν βουλὴν αἰτεῖν, ταῦθʼ ὑπολαμβάνετε· ὅτι δʼ οὐδὲ τὸν δῆμον ἐᾷ διδόναι μὴ ποιησαμένοις τὰς ναῦς ὁ νόμος, καὶ τοῦτʼ ἐπιδείξω.
11. For the law, that the Council should not ask for the reward if they have not built the war ships, was framed in that way, men of Athens, to prevent the possibility of the people being influenced or misled. The legislator held that the question should not depend on the abilities of the speakers, but that whatever he could devise that was at once just and expedient for the people, should be fixed by law. “You have not built the ships? Then don’t ask for the reward.” Where the law does not permit the asking, does it not absolutely forbid the giving?
11. διὰ ταῦτα γάρ, ὦ ἄνδρες Ἀθηναῖοι, τοῦτον ἔχει τὸν τρόπον ὁ νόμος, μὴ ἐξεῖναι τῇ βουλῇ μὴ ποιησαμένῃ τὰς τριήρεις αἰτῆσαι τὴν δωρειάν, ἵνα μηδὲ πεισθῆναι μηδʼ ἐξαπατηθῆναι γένοιτʼ ἐπὶ τῷ δήμῳ. οὐ γὰρ ᾤετο δεῖν ὁ τιθεὶς τὸν νόμον ἐπὶ τῇ τῶν λεγόντων δυνάμει τὸ πρᾶγμα καταστῆσαι, ἀλλʼ ὃ δίκαιον ἦν εὑρεῖν ἅμα καὶ συμφέρον τῷ δήμῳ, νόμῳ τετάχθαι. τὰς τριήρεις οὐ πεποίησαι; μὴ τοίνυν αἴτει τὴν δωρειάν. ὅπου δʼ αἰτεῖν οὐκ ἐᾷ, πῶς οὐ σφόδρα δοῦναί γε κωλύει;
12. Now there is another question, men of Athens, which is worth going into. Why is it that when the Council have performed all their other duties satisfactorily, and no one has any complaint to make, yet, if they have not built the ships, they are not allowed to ask for the reward? You will find that this stringent enactment is in the interests of the people. For I suppose no one would deny that all that has happened to our city, in the past or in the present, whether good or otherwise—I avoid an unpleasant term—has resulted in the one case from the possession, and in the other from the want, of warships.
12. ἄξιον τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, κἀκεῖνο ἐξετάσαι, τί δήποτε, ἂν τἄλλα πάνθʼ ἡ βουλὴ καλῶς βουλεύσῃ καὶ μηδεὶς ἔχῃ μηδὲν ἐγκαλέσαι, τὰς δὲ τριήρεις μὴ ποιήσηται, τὴν δωρειὰν οὐκ ἔξεστιν αἰτῆσαι. εὑρήσετε γὰρ τοῦτο τὸ ἰσχυρὸν ὑπὲρ τοῦ δήμου κείμενον. οἶμαι γὰρ ἂν μηδένʼ ἀντειπεῖν ὡς οὐχ, ὅσα πώποτε τῇ πόλει γέγονʼ ἢ νῦν ἔστʼ ἀγάθʼ ἢ θάτερα, ἵνα μηδὲν εἴπω φλαῦρον, ἐκ τῆς τῶν τριήρων τὰ μὲν κτήσεως, τὰ δʼ ἀπουσίας γέγονεν.
13. Many instances might be given, ancient and modern, but of those that are most familiar to your ears, take if you please this. The men who built the Propylaea and the Parthenon, and decked our other temples with the spoils of Asia, trophies in which we take a natural pride,—you know of course from tradition that after they abandoned the city and shut themselves up in Salamis, it was because they had the war galleys that they won the sea-fight and saved the city and all their belongings, and made themselves the authors for the rest of the Greeks of many great benefits, of which not even time can ever obliterate the memory.
13. οἷον πολλὰ μὲν ἄν τις ἔχοι λέγειν καὶ παλαιὰ καὶ καινά· ἃ δʼ οὖν πᾶσι μάλιστʼ ἀκοῦσαι γνώριμα, τοῦτο μέν, εἰ βούλεσθε, οἱ τὰ προπύλαια καὶ τὸν παρθενῶνʼ οἰκοδομήσαντες ἐκεῖνοι καὶ τἄλλʼ ἀπὸ τῶν βαρβάρων ἱερὰ κοσμήσαντες, ἐφʼ οἷς φιλοτιμούμεθα πάντες εἰκότως, ἴστε δήπου τοῦτʼ ἀκοῇ, ὅτι τὴν πόλιν ἐκλιπόντες καὶ κατακλεισθέντες εἰς Σαλαμῖνα, ἐκ τοῦ τριήρεις ἔχειν πάντα μὲν τὰ σφέτερʼ αὐτῶν καὶ τὴν πόλιν τῇ ναυμαχίᾳ νικήσαντες ἔσωσαν, πολλῶν δὲ καὶ μεγάλων ἀγαθῶν τοῖς ἄλλοις Ἕλλησι κατέστησαν αἴτιοι, ὧν οὐδʼ ὁ χρόνος τὴν μνήμην ἀφελέσθαι δύναται.
14. Well, you say, but that is ancient history. But take something that you have all seen. You know that lately you sent help to the Euboeans within three days and got rid of the Thebans by an armistice. Could you have done all this so promptly, if you had not had new vessels to convey your force? You would have found it impossible. Many other successes might be mentioned that have resulted from our being provided with these ships in sound condition.
14. εἶεν· ἀλλʼ ἐκεῖνα μὲν ἀρχαῖα καὶ παλαιά. ἀλλʼ ἃ πάντες ἑοράκατε, ἴσθʼ ὅτι πρώην Εὐβοεῦσιν ἡμερῶν τριῶν ἐβοηθήσατε καὶ Θηβαίους ὑποσπόνδους ἀπεπέμψατε. ἆρʼ οὖν ταῦτʼ ἐπράξατʼ ἂν οὕτως ὀξέως, εἰ μὴ ναῦς εἴχετε καινὰς ἐν αἷς ἐβοηθήσατε; ἀλλʼ οὐκ ἂν ἐδύνασθε. ἄλλα πόλλʼ ἔχοι τις ἂν εἰπεῖν ἃ τῇ πόλει γέγονʼ ἐκ τοῦ ταύτας κατεσκευάσθαι καλῶς ἀγαθά.
15. Yes, and how many disasters from unsound ships? I will pass over most of them; but in the Decelean war —I am reminding you of a bit of old history which you all know better than I do—though many serious disasters befell our city, she did not succumb till her fleet was destroyed. But why need me cite ancient instances? You know how it stood with our city in the last war with the Lacedaemonians when it seemed unlikely that you could dispatch a fleet. You know that vetches were sold for food. But when you did dispatch it, you obtained peace on your own terms.
15. εἶεν· ἐκ δὲ τοῦ κακῶς πόσα δεινά; τὰ μὲν πόλλʼ ἐάσω· ἀλλʼ ἐπὶ τοῦ Δεκελεικοῦ πολέμου (τῶν γὰρ ἀρχαίων ἕν, ὃ πάντες ἐμοῦ μᾶλλον ἐπίστασθε, ὑπομνήσω) πολλῶν καὶ δεινῶν ἀτυχημάτων συμβάντων τῇ πόλει οὐ πρότερον τῷ πολέμῳ παρέστησαν πρὶν τὸ ναυτικὸν αὐτῶν ἀπώλετο. καὶ τί δεῖ τὰ παλαιὰ λέγειν; τὸν τελευταῖον γὰρ ἴστε [τὸν] πρὸς Λακεδαιμονίους πόλεμον, ὅτε μὲν ναῦς οὐκ ἐδοκεῖτʼ ἀποστεῖλαι δυνήσεσθαι, πῶς διέκειθʼ ἡ πόλις· ἴστʼ ὀρόβους ὄντας ὠνίους. ἐπειδὴ δʼ ἀπεστείλατε, εἰρήνης ἐτύχεθʼ ὁποίας τινὸς ἐβούλεσθε.
16. Therefore, men of Athens, seeing that warships have such weight in either scale, you nave done rightly to set this strict limit to the Council’s claim to the reward. For if they should discharge all their other duties satisfactorily, but fail to build these ships, by which we gained our power at the first and by which we retain it today, all their other services are of no avail, for it is the safety of the whole State that must be ensured for the people before every thing. Now the defendant is so obsessed with the idea that he can make any speech or proposal he wishes, that though the Council has discharged its other duties in the way that you have heard, but has not built the warships, he moved to grant them their reward.
16. ὥστε δικαίως, ὦ ἄνδρες Ἀθηναῖοι, τηλικαύτην ἐχουσῶν ῥοπὴν ἐφʼ ἑκάτερα τῶν τριήρων, τοῦτον ὅρον τεθήκατε τῇ βουλῇ, πότερʼ αὐτὴν δεῖ λαβεῖν τὴν δωρειὰν ἢ οὔ. εἰ γὰρ πάντα τἄλλα διοικήσειε καλῶς, διʼ ὧν δὲ τό τʼ ἐξ ἀρχῆς ταῦτʼ ἐκτησάμεθα καὶ νῦν σῴζομεν, ταύτας μὴ ποιήσαιτο, τὰς τριήρεις λέγω, οὐδὲν ἐκείνων ὄφελος· τὴν γὰρ τῶν ὅλων σωτηρίαν πρῶτον ὑπάρχειν δεῖ παρεσκευασμένην τῷ δήμῳ. οὗτος τοίνυν εἰς τοῦτʼ ἐλήλυθε τοῦ νομίζειν αὑτῷ καὶ λέγειν καὶ γράφειν ἐξεῖναι πᾶν ὅ τι ἂν βούληται, ὥστε βεβουλευκυίας μὲν τἄλλʼ ὃν τρόπον ὑμεῖς ἀκούετε τῆς βουλῆς, οὐ πεποιημένης δὲ τὰς τριήρεις, γέγραφεν δοῦναι τὴν δωρειάν.
17. That this is not a violation of the law, he could not possibly assert nor could you be brought to believe it. But I understand that he will put before you some such plea as this—that the Council was not to blame for the shortage of ships, but the treasurer of the shipbuilders, who absconded with two and a half talents, and so the business ended in a fiasco. But I must first express my surprise that he should have demanded a crown for the Council to reward a fiasco. I thought such honors were reserved for successes. Next, I have another consideration to put before you.
17. καὶ ταῦθʼ ὡς μὲν οὐ παρὰ τὸν νόμον ἐστίν, οὔτʼ ἂν οὗτος ἔχοι λέγειν οὔθʼ ὑμεῖς πεισθείητε· ἀκούω δʼ αὐτὸν τοιοῦτον ἐρεῖν τινʼ ἐν ὑμῖν λόγον, ὡς οὐχ ἡ βουλὴ γέγονʼ αἰτία τοῦ μὴ πεποιῆσθαι τὰς ναῦς, ἀλλʼ ὁ τῶν τριηροποιικῶν ταμίας ἀποδρὰς ᾤχετʼ ἔχων πένθʼ ἡμιτάλαντα, καὶ τὸ πρᾶγμʼ ἀτύχημα συμβέβηκεν. ἐγὼ δὲ πρῶτον μὲν αὐτὸ τοῦτο θαυμάζω, εἰ στεφανοῦν ἐπὶ τοῖς ἠτυχημένοις ἠξίου τὴν βουλήν· τῶν κατορθουμένων γὰρ ἔγωγʼ ἡγούμην ἔργων τὰς τοιαύτας ὡρίσθαι τιμάς· ἔπειτα δὲ κἀκεῖνʼ ἔτι βούλομαι φράσαι πρὸς ὑμᾶς.
18. I submit that it is not fair to combine the two pleas, that the gift was not illegal and that the Council are not responsible for the lack of ships. For if it is right to give them the reward even when they have not built the ships, what need is there to say who is responsible for the omission? But if it is not right, why were the Council any the more entitled to it, because he can point to this or that man as responsible for the shortage?
18. οὔ φημι δίκαιον εἶναι περὶ ἀμφοῖν λέγειν, καὶ ὡς οὐ παρὰ τὸν νόμον ἡ δωρειὰ δέδοται, καὶ ὡς οὐ διὰ τὴν βουλὴν οὐκ εἰσὶν αἱ τριήρεις. εἰ μὲν γὰρ διδόναι καὶ μὴ ποιησαμένῃ προσήκει, τί τοῦτο δεῖ λέγειν, διʼ ὅντινα δήποτʼ οὐ πεποίηνται; εἰ δʼ οὐκ ἔξεστι, τί μᾶλλον, ἂν διὰ τὸν δεῖνʼ ἢ τὸν δεῖνʼ ἐπιδείξῃ μὴ πεποιημένας, ἐκείνῃ προσῆκε λαβεῖν;
19. Apart from that, it seems to me that such arguments offer you a choice, whether you think you ought to hear excuses and pleas from men who have done you harm, or whether you ought to have some ships. For if you accept the defendant’s plea, it will be clear to every future Council that their business is to find you plausible excuses, not to build you ships, with the result that your money will be spent, but there will be no ships for you.
19. χωρὶς δὲ τούτων ἔμοιγε δοκοῦσιν αἵρεσιν ὑμῖν οἱ τοιοῦτοι λόγοι διδόναι, πότερʼ οἴεσθε δεῖν προφάσεις καὶ λόγους ἀκούειν τῶν ἀδικούντων ὑμᾶς ἢ ναῦς κεκτῆσθαι. εἰ μὲν γὰρ τούτου ταῦτʼ ἀποδέξεσθε, ἔσται δῆλον ἁπάσαις ταῖς βουλαῖς ὅτι δεῖ πρόφασιν πιθανὴν ἐξευρεῖν πρὸς ὑμᾶς, οὐχὶ τριήρεις ποιήσασθαι· ἐκ δὲ τούτου τὰ μὲν χρήματʼ ἀναλωθήσεται, ναῦς δʼ οὐχ ἕξεθʼ ὑμεῖς.
20. But if, as the law says and as your oath enjoins, you sternly and absolutely reject their excuses, and make it clear that you have withheld the reward because they have not built the ships, then every Council, men of Athens, will deliver to you the ships duly built, because they will see that in your eyes everything else is of less consequence than the law. Now I shall show you clearly that no other human being is responsible for the shortage of ships; for the Council, having made the law null and void, elected this treasurer themselves.
20. ἐὰν δʼ, ὡς ὁ νόμος λέγει καὶ δεῖ τοὺς ὀμωμοκότας, πικρῶς καὶ ἁπλῶς τὰς μὲν προφάσεις ἀνέλητε, φανῆτε δʼ ἀφῃρημένοι τὴν δωρειὰν ὅτι τὰς ναῦς οὐ πεποίηνται, πάντες, ὦ ἄνδρες Ἀθηναῖοι, πεποιημένας ὑμῖν παραδώσουσι τὰς τριήρεις, πάντα τἄλλα παρʼ ὑμῖν ἑορακότες ἀσθενέστερα τοῦ νόμου γεγενημένα. ὅτι τοίνυν οὐδʼ αἴτιος ἄλλος οὐδεὶς ἀνθρώπων ἐστὶ τοῦ μὴ πεποιῆσθαι τὰς ναῦς, τοῦτο σαφῶς ὑμῖν ἐπιδείξω· ἀνελοῦσα γὰρ ἡ βουλὴ τὸν νόμον, τοῦτον ἐχειροτόνησεν αὐτή.
21. Again, with regard to the law of prostitution, he tries to make out that we are insulting him and attacking him with baseless calumnies. 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; as it is, we are trying to hoodwink you by accusations and idle abuse, and are confusing you by matters outside your jurisdiction.
21. ἔτι τοίνυν ἐπιχειρεῖ λέγειν περὶ τοῦ τῆς ἑταιρήσεως νόμου, ὡς ὑβρίζομεν ἡμεῖς καὶ βλασφημίας οὐχὶ προσηκούσας κατʼ αὐτοῦ ποιούμεθα. καὶ φησὶ δεῖν ἡμᾶς, εἴπερ ἐπιστεύομεν εἶναι ταῦτʼ ἀληθῆ, πρὸς τοὺς θεσμοθέτας ἀπαντᾶν, ἵνʼ ἐκεῖ περὶ χιλιῶν ἐκινδυνεύομεν, εἰ καταψευδόμενοι ταῦτʼ ἐφαινόμεθα· νῦν δὲ φενακίζειν αἰτίας καὶ λοιδορίας κενὰς ποιουμένους, καὶ ἐνοχλεῖν οὐ δικασταῖς τούτων οὖσιν ὑμῖν.
22. But I think you ought first of all to reflect in your own minds that abuse and accusation are very far removed from proof. It is an accusation when one makes a bare statement without supplying grounds for believing it; it is proof when one at the same time demonstrates the truth of one’s statements. Those, therefore, who are proving a case must supply evidence sufficient to establish its credibility with you, or must advance reasonable arguments, or must produce witnesses. Of some facts it is impossible to put eye-witnesses in the box, but if one can establish any of these tests, you rightly consider in every case that you have a sufficient proof of the truth.
22. ἐγὼ δʼ οἴομαι δεῖν ὑμᾶς πρῶτον μὲν ἐκεῖνο λογίζεσθαι παρʼ ὑμῖν αὐτοῖς, ὅτι πάμπολυ λοιδορία τε καὶ αἰτία κεχωρισμένον ἐστὶν ἐλέγχου. αἰτία μὲν γάρ ἐστιν, ὅταν τις ψιλῷ χρησάμενος λόγῳ μὴ παράσχηται πίστιν ὧν λέγει, ἔλεγχος δέ, ὅταν ὧν ἂν εἴπῃ τις καὶ τἀληθὲς ὁμοῦ δείξῃ. ἔστι τοίνυν ἀνάγκη τοὺς ἐλέγχοντας ἢ τεκμήρια δεικνύναι διʼ ὧν ἐμφανιοῦσι τὸ πιστὸν ὑμῖν, ἢ τὰ εἰκότα φράζειν, ἢ μάρτυρας παρέχεσθαι· οὐ γὰρ οἷόν τʼ ἐνίων αὐτόπτας ἐστὶ καταστῆσαι, ἀλλʼ ἐὰν ἐπιδεικνύῃ τίς τι τούτων, ἱκανὸν νομίζετʼ ἔλεγχον ἔχειν ὑμεῖς εἰκότως τῆς ἀληθείας ἑκάστοτε.
23. We then base our proof, not on probabilities nor on circumstantial evidence, but on a witness from whom the defendant may easily obtain satisfaction—a man who has prepared a document containing an account of the defendant’s life, and who makes himself responsible for this evidence. So that when Androtion says that this is mere abuse and accusation, reply that this is proof, but that abuse and accusation describe his own performance; 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.
23. ἡμεῖς τοίνυν οὐκ ἐκ λόγων εἰκότων οὐδὲ τεκμηρίων, ἀλλὰ παρʼ οὗ μάλιστα δίκην ἔστι λαβεῖν τούτῳ, ταῦτʼ ἐπιδείκνυμεν—ἄνδρα παρεσχηκότα γραμματεῖον, ἐν ᾧ τὰ τούτῳ βεβιωμένʼ ἔνεστιν, ὃς αὑτὸν ὑπεύθυνον ποιήσας μαρτυρεῖ ταῦτα. ὥσθʼ ὅταν μὲν λοιδορίαν ταῦτα καὶ αἰτίαν εἶναι φῇ, ὑπολαμβάνεθʼ ὡς ταῦτα μέν ἐστιν ἔλεγχος, ἃ δʼ οὗτος ποιεῖ, ταῦτα λοιδορία καὶ αἰτία· ὅταν δʼ ὅτι πρὸς τοὺς θεσμοθέτας προσῆκεν ἐπαγγέλλειν ἡμῖν, ἐκεῖνο ὑπολαμβάνετε, ὅτι καὶ τοῦτο ποιήσομεν … καὶ νῦν προσηκόντως περὶ τοῦ νόμου λέγομεν.
24. For if we were bringing these charges against him in any other kind of trial, he could have just cause of complaint; but if the present trial is one that concerns illegal proposals, and if men who have led a life like his are forbidden by the laws to make even a legal proposal, and if we prove that he has not only made an illegal proposal but has also led an illegal life, then is it not proper to cite this law which determines his illegal status?
24. εἰ μὲν γὰρ ἄλλον τινʼ ἀγῶνʼ ἀγωνιζομένου σου ταῦτα κατηγοροῦμεν, δικαίως ἂν ἠγανάκτεις· εἰ δʼ ὁ μὲν νῦν ἐνεστηκὼς ἀγών ἐστιν παρανόμων, οἱ νόμοι δʼ οὐκ ἐῶσι λέγειν οὐδὲ τὰ ἔννομα τοὺς οὕτω βεβιωκότας, ἡμεῖς δʼ ἐπιδείκνυμεν οὐ μόνον εἰρηκότʼ αὐτὸν παράνομα, ἀλλὰ καὶ βεβιωκότα παρανόμως, πῶς οὐχὶ προσήκει λέγειν περὶ τούτου τοῦ νόμου διʼ οὗ ταῦτʼ ἐλέγχεται;
25. Moreover you should grasp this fact, that Solon, who framed these and most of our other laws, was a very different kind of legislator from the defendant, and provided not one, but many modes of procedure for those who wish to obtain redress for various wrongs. For he knew, I think, that for all the citizens to be equally clever, or bold, or moderate folk, was impossible. If, then, he was going to frame the laws to satisfy the moderate man’s claim to redress, many rascals, he reflected, would get off scot-free, but if he framed them in the interests of the bold and the clever speakers, the plain citizen would not be able to obtain redress in the same way as they would.
25. καὶ μὴν κἀκεῖνό γε δεῖ μαθεῖν ὑμᾶς, ὅτι τοὺς νόμους ὁ τιθεὶς τούτους Σόλων καὶ τῶν ἄλλων τοὺς πολλούς, οὐδὲν ὅμοιος ὢν τούτῳ νομοθέτης, οὐχ ἑνὶ ἔδωκε τρόπῳ περὶ τῶν ἀδικημάτων ἑκάστων λαμβάνειν δίκην τοῖς βουλομένοις παρὰ τῶν ἀδικούντων, ἀλλὰ πολλαχῶς. ᾔδει γάρ, οἶμαι, τοῦθʼ ὅτι τοὺς ἐν τῇ πόλει γενέσθαι πάντας ὁμοίως ἢ δεινοὺς ἢ θρασεῖς ἢ μετρίους οὐκ ἂν εἴη. εἰ μὲν οὖν, ὡς τοῖς μετρίοις δίκην ἐξαρκέσει λαβεῖν, οὕτω τοὺς νόμους θήσει, μετʼ ἀδείας ἔσεσθαι πολλοὺς πονηροὺς ἡγεῖτο· εἰ δʼ ὡς τοῖς θρασέσιν καὶ δυνατοῖς λέγειν, τοὺς ἰδιώτας οὐ δυνήσεσθαι τὸν αὐτὸν τούτοις τρόπον λαμβάνειν δίκην.
26. But he thought that no one should be debarred from obtaining redress in whatever way he can best do so. How then will this be ensured? By granting many modes of legal procedure to the injured parties. Take a case of theft. Are you a strong man, confident in yourself? Arrest the thief; only you are risking a thousand drachmas. Are you rather weak? Guide the Archons to him, and they will do the rest. Are you afraid even to do this? Bring a written indictment.
26. δεῖν δʼ ᾤετο μηδένʼ ἀποστερεῖσθαι τοῦ δίκης τυχεῖν, ὡς ἕκαστος δύναται. πῶς οὖν ἔσται τοῦτο; ἐὰν πολλὰς ὁδοὺς δῷ διὰ τῶν νόμων ἐπὶ τοὺς ἠδικηκότας οἷον τῆς κλοπῆς. ἔρρωσαι καὶ σαυτῷ πιστεύεις· ἄπαγε· ἐν χιλίαις δʼ ὁ κίνδυνος. ἀσθενέστερος εἶ· τοῖς ἄρχουσιν ἐφηγοῦ· τοῦτο ποιήσουσιν ἐκεῖνοι. φοβεῖ καὶ τοῦτο· γράφου.
27. Do you distrust yourself, and are you a poor man, unable to find the thousand drachmas? Sue him for theft before a public arbitrator, and you will risk nothing. In the same way for impiety you can arrest, or indict, or sue before the Eumolpidae, or give information to the King-Archon. And in the same way, or nearly so, for every other offence.
27. καταμέμφει σεαυτὸν καὶ πένης ὢν οὐκ ἂν ἔχοις χιλίας ἐκτεῖσαι· δικάζου κλοπῆς πρὸς διαιτητὴν καὶ οὐ κινδυνεύσεις. [οὐδέτερον βούλει τούτων· γράφου. κατοκνεῖς καὶ τοῦτο· ἐφηγοῦ.] τούτων οὐδέν ἐστι ταὐτό. τῆς ἀσεβείας κατὰ ταὔτʼ ἔστʼ ἀπάγειν, γράφεσθαι, δικάζεσθαι πρὸς Εὐμολπίδας, φαίνειν πρὸς τὸν βασιλέα. περὶ τῶν ἄλλων ἁπάντων τὸν αὐτὸν τρόπον σχεδόν.
28. Now just suppose that a man, instead of rebutting the charge of crime or impiety or whatever else he may be tried for, should claim his acquittal on these grounds-in the case of an arrest, that you might have brought an action before an arbitrator and that you ought to have indicted him, or, if he is defendant in an arbitrator’s court, that you ought to have arrested him, so that you might risk a fine of a thousand drachmas. Surely that would be a farce. A defendant, if innocent, need not dispute the method by which he is brought.to justice: he ought to prove hat he is innocent.
28. εἰ δή τις ὡς μὲν οὐχὶ κακοῦργός ἐστι μὴ λέγοι, ἢ ὡς οὐκ ἀσεβής, ἢ ὅ τι δήποτʼ εἴη διʼ ὃ κρίνοιτο, διὰ ταῦτα δʼ ἐκφεύγειν ἀξιοίη, εἰ μὲν ἀπηγμένος εἴη, διότι πρὸς διαιτητὴν ἐξῆν αὐτῷ λαχεῖν ἢ γράφεσθαι χρῆν, εἰ δὲ πρὸς διαιτητῇ φεύγοι, ὅτι χρῆν σʼ ἀπάγειν, ἵνʼ ἐκινδύνευες περὶ χιλιῶν, γέλως ἂν εἴη δήπουθεν. οὐ γὰρ τόν γε μηδὲν πεποιηκότα δεῖ περὶ τοῦ τρόπον ὅντινα χρὴ διδόναι δίκην ἀντιλέγειν, ἀλλʼ ὡς οὐ πεποίηκʼ ἐπιδεικνύναι.
29. 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; or you have no right to propose them. If we do not punish you by every process that the laws allow, be grateful to us for those that we omit: do not on that ground claim to pay no penalty at all.
29. τὸν αὐτὸν δὴ τρόπον, Ἀνδροτίων, καὶ σὺ μὴ διὰ ταῦτʼ οἴου σοι προσήκειν μὴ δοῦναι δίκην εἰ γράφεις ἡταιρηκώς, ὅτι καὶ πρὸς τοὺς θεσμοθέτας ἔσθʼ ἡμῖν ἐπαγγελία· ἀλλʼ ἢ δεῖξον οὐ πεποιηκότα ταῦτα σεαυτόν, ἢ δίκην ὕπεχʼ ὧν γέγραφας τοιοῦτος ὤν· οὐ γὰρ ἔξεστί σοι. εἰ δέ σε μὴ πάντας ὅσους διδόασιν οἱ νόμοι τρόπους τιμωρούμεθα, χάριν ἡμῖν ὧν παραλείπομεν, ἐκείνων ἔχε, μὴ διὰ ταῦτʼ ἀξίου μηδένα δοῦναι τρόπον δίκην.
30. Now it is worth your while, men of Athens, to study too the character of Solon, who framed this law, and to observe what care he took of the constitution in all the laws, how much more zealous indeed he was for the constitution than for the matter on which he was legislating. This may be seen in many ways, but especially from this law, which forbids persons guilty of prostitution to make speeches or to propose measures. For he saw that the majority of you do not avail yourselves of your right to speak, so that the prohibition seemed no great hardship, and he could have laid down many harsher penalties, if his object had been the chastisement of these offenders.
30. ἄξιον τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, καὶ τὸν θέντα τὸν νόμον ἐξετάσαι Σόλωνα, καὶ θεάσασθαι ὅσην πρόνοιαν ἐποιεῖτο ἐν ἅπασιν οἷς ἐτίθει νόμοις τῆς πολιτείας, καὶ ὅσῳ περὶ τούτου μᾶλλον ἐσπούδαζεν ἢ περὶ τοῦ πράγματος οὗ τιθείη τὸν νόμον. πολλαχόθεν μὲν οὖν ἄν τις ἴδοι τοῦτο, οὐχ ἥκιστα δʼ ἐκ τούτου τοῦ νόμου, μήτε λέγειν μήτε γράφειν ἐξεῖναι τοῖς ἡταιρηκόσιν. ἑώρα γὰρ ἐκεῖνο, ὅτι τοῖς πολλοῖς ὑμῶν ἐξὸν λέγειν οὐ λέγετε, ὥστε τοῦτʼ οὐδὲν ἡγεῖτο βαρύ, καὶ πόλλʼ ἂν εἶχεν, εἴ γε κολάζειν ἐβούλετο τούτους, χαλεπώτερα θεῖναι.
31. But that was not his aim; he imposed this disability in the interests of you and of the State, for he knew—I say, he knew that of all states the most antagonistic men of infamous habits is that in which every man is at liberty to publish their shame. And what state is that? A democracy. He thought it would be dangerous if there ever happened to coexist a considerable number of men who were bold and clever speakers, but tainted with such disgraceful wickedness.
31. ἀλλʼ οὐ τοῦτʼ ἐσπούδασεν, ἀλλὰ ταῦτʼ ἀπεῖπεν ὑπὲρ ὑμῶν καὶ τῆς πολιτείας. ᾔδει γάρ, ᾔδει τοῖς αἰσχρῶς βεβιωκόσιν ἁπασῶν οὖσαν ἐναντιωτάτην πολιτείαν ἐν ᾗ πᾶσιν ἔξεστι λέγειν τἀκείνων ὀνείδη. ἔστι δʼ αὕτη τίς; δημοκρατία. οὔκουν ἐνόμιζεν ἀσφαλές, εἴ ποτε συμβήσεται γενέσθαι συχνοὺς ἀνθρώπους κατὰ τοὺς αὐτοὺς χρόνους εἰπεῖν μὲν δεινοὺς καὶ θρασεῖς, τοιούτων δʼ ὀνειδῶν καὶ κακῶν μεστούς·
32. For the people may be led astray by them to make many mistakes, and such men may attempt either to overthrow the democracy completely,—for in an oligarchy, even if there are viler livers than Androtion, no one may speak evil of dignities—or to debauch the people, so that they may be as nearly as possible like themselves. He therefore absolutely forbade such men to take any share in the counsels of the State, lest the people should be deluded into some error. Disregarding all this, our honorable gentleman here thought fit not only to make speeches and proposals, though not entitled to do so, but even ventured to make illegal ones.
32. πολλὰ γὰρ ἂν τὸν δῆμον ὑπʼ αὐτῶν ὑπαχθέντʼ ἐξαμαρτεῖν, κἀκείνους ἤτοι καταλῦσαί γʼ ἂν πειρᾶσθαι τὸ παράπαν τὸν δῆμον (ἐν γὰρ ταῖς ὀλιγαρχίαις, οὐδʼ ἂν ὦσιν ἔτʼ Ἀνδροτίωνός τινες αἴσχιον βεβιωκότες, οὐκ ἔστι λέγειν κακῶς τοὺς ἄρχοντας), ἢ προάγειν ἂν ὡς πονηροτάτους εἶναι, ἵνʼ ὡς ὁμοιότατοι σφίσιν ὦσι. τὴν οὖν ἀρχὴν τοῖς τοιούτοις ἀπεῖπε μὴ μετέχειν τοῦ συμβουλεύειν, ἵνα μὴ φενακισθεὶς ὁ δῆμος ἐξαμάρτοι μηδέν. ὧν ὀλιγωρήσας ὁ καλὸς κἀγαθὸς οὗτος οὐ μόνον ᾤετο δεῖν λέγειν καὶ γράφειν οὐκ ἐξόν, ἀλλὰ καὶ παρὰ τοὺς νόμους ταῦτα ποιεῖν.
33. Again, with regard to the law which forbids him to speak or move resolutions, because his father owed money to the exchequer and has never paid it, you have a fair and reasonable answer to him, if he says that we ought to have laid an information against him. We will do that later, certainly not now, Androtion, when you have to render an account of your other crimes, but when it is proper to do so according to the law. For the present, we are content to prove that the law does not permit you to move resolutions, not even such as every other citizen may move.
33. περὶ μὲν τοίνυν τοῦ νόμου καθʼ ὅν, ὠφληκότος αὐτοῦ τοῦ πατρὸς τῷ δημοσίῳ χρήματα καὶ οὐκ ἐκτετεικότος, οὐκ ἔξεστι λέγειν οὐδὲ γράφειν τούτῳ, ταὐτὰ δίκαια λέγειν ἂν ἔχοιτʼ εἰκότως, ἐὰν φῇ δεῖν ἡμᾶς ἐνδεικνύναι. τότε γὰρ τοῦτο ποιήσομεν, οὐ μὰ Δίʼ οὐχὶ νῦν, ἡνίκα δεῖ σʼ ἑτέρων ὧν ἀδικεῖς δοῦναι λόγον, ἀλλʼ ὅταν ᾖ προσῆκον ἐκ τοῦ νόμου, καὶ νῦν δὲ δείκνυμεν οὐκ ἐῶντα γράφειν σε, οὐδʼ ἃ τοῖς ἄλλοις ἔξεστι, τὸν νόμον.
34. Prove, therefore, that your father was not a defaulter, or that he left the prison, not by running away, but by paying his debts. If you cannot prove that, then you had no right to move your resolution; for the law makes you a partner in the disqualification of your father, and being disqualified you had no right either to speak or move. Also with regard to the laws which we have cited in court, I think that if he tries to cheat and mislead you, gentlemen, you must give him the reply that I have indicated.
34. ὡς οὖν οὐκ ὦφλʼ ὁ πατήρ σου, τοῦτʼ ἐπίδειξον, ἢ ὡς οὐκ ἀποδρὰς ἐξῆλθεν ἐκ τοῦ δεσμωτηρίου, ἀλλὰ τὰ χρήματʼ ἐκτείσας. εἰ δὲ μὴ ταῦθʼ ἕξεις δεικνύναι, οὐκ ἐξὸν γέγραφας· κληρονόμον γάρ σε καθίστησʼ ὁ νόμος τῆς ἀτιμίας τῆς τοῦ πατρός, ὄντι δʼ ἀτίμῳ σοι λέγειν οὐ προσῆκεν οὐδὲ γράφειν. καὶ περὶ μὲν τῶν νόμων οὓς παρεγραψάμεθα, οἶμαι δεῖν ὑμᾶς, ἄν τι φενακίζειν ἐγχειρῇ καὶ παράγειν οὗτος, ταῦθʼ ὑπολαμβάνειν ἃ διεξελήλυθʼ ἐγώ.
35. On other points also he has arguments admirably calculated to deceive you, and it is better that you should be told of them beforehand. One of them runs like this: “Do not steal the reward from five hundred of yourselves, nor involve them in disgrace; they are on their trial, not I.” But, had you been going to deprive them of something without otherwise benefiting the State, I should not have asked you to show any great keenness in the matter; but if by this action you are going to convert more than ten thousand others into better citizens, what a far finer thing it is to make so many men honest than to confer an unjust favour on five hundred.
35. εἰσὶ δὲ καὶ περὶ τῶν ἄλλων αὐτῷ λόγοι πρὸς τὸ φενακίζειν ὑμᾶς εὖ μεμηχανημένοι, περὶ ὧν βέλτιον ὑμᾶς προακοῦσαι. ἔστιν γὰρ εἷς αὐτῷ τοιοῦτος, μὴ πεντακοσίους ὑμῶν αὐτῶν ἀφελέσθαι τὴν δωρειὰν μηδʼ ὀνείδει περιβαλεῖν· ἐκείνων ἁγών, οὐκ ἐμός. ἐγὼ δʼ εἰ μὲν ἐμέλλετʼ ἀφαιρήσεσθαι τούτους μόνον, ἄλλο δὲ μηδὲν ὠφελήσειν τὴν πόλιν, οὐδὲν ἂν ὑμᾶς σφόδρα σπουδάζειν ἠξίουν· εἰ δὲ τῷ τοῦτο ποιῆσαι πλείους ἢ μυρίους τοὺς ἄλλους πολίτας βελτίους εἶναι προτρέψετε, πόσῳ κάλλιον τοσούτους παρασκευάσαι χρηστοὺς ἢ πεντακοσίοις ἀδίκως χαρίσασθαι;
36. But I am in a position to assert that the question does not concern the whole Council, but only Androtion and some others, who are the cause of the mischief. For should the Council receive no crown, who suffers disgrace, if he makes no speech and moves no resolution himself, and perhaps even does not attend most of the meetings? No one surely. The disgrace attaches to him who moves resolutions and meddles with politics and tries to impose his wishes on the Council; because it is through such men that the deliberations of the Council have proved undeserving of the crown.
36. ὡς δʼ οὐδʼ ἔστιν ἁπάσης τὸ πρᾶγμα τῆς βουλῆς, ἀλλὰ τινῶν, οἵπερ εἰσὶν αἴτιοι τῶν κακῶν, καὶ Ἀνδροτίωνος, ἔχω λέγειν. τῷ γάρ ἐστιν ὄνειδος, εἰ σιωπῶντος αὐτοῦ καὶ μηδὲν γράφοντος, ἴσως δʼ οὐδὲ τὰ πόλλʼ εἰς τὸ βουλευτήριον εἰσιόντος, μὴ λάβοι ἡ βουλὴ τὸν στέφανον; οὐδενὶ δήπουθεν, ἀλλὰ τοῦ γράφοντος καὶ πολιτευομένου καὶ πείθοντος ἃ βούλοιτο τὴν βουλήν· διὰ γὰρ τούτους ἀνάξια τοῦ στεφανωθῆναι βεβούλευκεν.
37. And yet, even if we grant freely that the whole Council is on its trial, reflect how much more advantage you will gain if you condemn Androtion, than if you do not. If you acquit him, the talkers will rule in the Council chamber, but if you convict him, the ordinary members. For when the majority see that they have lost the crown through the misconduct of the orators, they will not leave the transaction of business in their hands, but will depend on themselves for the best advice. If this comes to pass, and if you are once rid of the old gang of orators, then, men of Athens, you will see everything done as it ought to be. For this, if for no other, reason you ought to convict.
37. οὐ μὴν ἀλλʼ εἰ καὶ τὰ μάλιστα πάσης ἔσθʼ ἁγὼν τῆς βουλῆς, ὅσῳ συμφέρει μᾶλλον ὑμῖν καταγνοῦσιν ἢ μὴ θεάσασθε. εἰ μὲν ἀπογνώσεσθε, ἐπὶ τοῖς λέγουσι τὸ βουλευτήριον ἔσται, ἐὰν δὲ καταγνῶτε, ἐπὶ τοῖς ἰδιώταις· ἑορακότες γὰρ οἱ πολλοὶ διὰ τὴν τῶν λεγόντων πονηρίαν τήνδʼ ἀφῃρημένην τὴν βουλὴν τὸν στέφανον, οὐχὶ προήσονται τούτοις τὰς πράξεις, ἀλλὰ τὰ βέλτιστʼ ἐροῦσιν αὐτοί. εἰ δὲ γενήσεται τοῦτο καὶ τῶν ἠθάδων καὶ συνεστηκότων ῥητόρων ἀπαλλαγήσεσθε, ὄψεσθʼ, ὦ ἄνδρες Ἀθηναῖοι, πάνθʼ ἃ προσήκει γιγνόμενα. ὥστʼ εἰ μηδενὸς ἄλλου ἕνεκα, διὰ ταῦτα καταψηφιστέον.
38. Now attend to another point that must not escape you. Perhaps Philippus will get up and defend the Council; perhaps too Antigenes and the checking-clerk and some others, who along with the defendant kept the Council-chamber as their private preserve, and who are the cause of the present discontents. Now you must all observe that their pretence is that they are supporting the cause of the Council, but really they will be fighting for their own interests, to support the audit which they have to render of their official acts.
38. ὃ τοίνυν ἕτερον δεῖ μὴ λαθεῖν ὑμᾶς, ἀκούσατε. ἴσως ἀναβήσεται καὶ συνερεῖ τῇ βουλῇ Φίλιππος καὶ Ἀντιγένης καὶ ὁ ἀντιγραφεὺς καί τινες ἄλλοι, οἵπερ ἐκεῖ διʼ ἑαυτῶν εἶχον μετὰ τούτου τὸ βουλευτήριον καὶ τούτων τῶν κακῶν εἰσιν αἴτιοι. δεῖ δὴ πάντας ὑμᾶς γιγνώσκειν ὅτι τούτοις ἐστὶ μὲν ἡ πρόφασις τῆς συνηγορίας τῇ βουλῇ βοηθεῖν, τῇ δʼ ἀληθείᾳ περὶ αὑτῶν ἀγωνιοῦνται καὶ τῶν εὐθυνῶν ἃς αὐτοὺς προσήκει δοῦναι τῶν πεπραγμένων.
39. For the case stands thus. If you dismiss this impeachment, they are all acquitted and not a single one of them will pay the penalty, for who henceforth would give his verdict against them when you have crowned the Council of which they were the leading spirits? But if you convict, in the first place you will have kept your judicial oath; and further, when you have each of these men before you at their audit, anyone whom you think guilty you will punish; and anyone who is not, then will be the time to acquit him. Do not, therefore, accept their words as spoken on behalf of the Council and of the general public, but be incensed against them as impostors defending their own interests.
39. ἔχει γὰρ οὕτως. ἂν μὲν ἀπογνῶτε τὴν γραφὴν ταύτην, ἅπαντές εἰσιν ἀπηλλαγμένοι καὶ δίκην οὐδεὶς οὐδεμίαν μὴ δῷ· τίς γὰρ ἔτʼ ἂν καταψηφίσαιτʼ ἐκείνων, τὴν βουλὴν ὑμῶν ἐστεφανωκότων ἧς οὗτοι προέστασαν; ἐὰν δὲ καταγνῶτε, πρῶτον μὲν τὰ εὔορκʼ ἔσεσθʼ ἐψηφισμένοι, εἶτʼ ἐπὶ ταῖς εὐθύναις ἕκαστον τούτων λαμβάνοντες, ὃς μὲν ἂν ὑμῖν ἀδικεῖν δοκῇ, κολάσετε, ὃς δʼ ἂν μή, τότʼ ἀφήσετε. μὴ οὖν ὡς ὑπὲρ τῆς βουλῆς λεγόντων καὶ τῶν πολλῶν ἀκούετε, ἀλλʼ ὡς ὑπὲρ αὑτῶν παρακρουομένοις ὀργίζεσθε.