36. I have looked into this matter also, men of the jury, and will show you that the state suffers not the slightest harm, whether the decree of Thucydides is ratified, or whether it is annulled. And yet it is not right to bring up a defence of this sort before men who have sworn to give a verdict according to the laws. You will, however, presently learn from the indictment itself, that it is merely a pretext to offset the criminal information. (To the clerk.) Read these indictments. The Indictments Whether the decrees stand as they are, men of the jury, or are annulled (for it makes no difference to me), what does the state either gain or lose?
36. οὗτος τοίνυν αὐτίκα φήσει διὰ τοῦτο τὴν ἔνδειξιν καθʼ αὑτοῦ γεγονέναι, ἵνα Δημοσθένει μὴ ἐπεξέλθῃ τὴν γραφὴν ἣν ἐγράψατʼ αὐτόν, μηδὲ Θουκυδίδῃ· δεινὸς γάρ ἐστι ψεύσασθαι καὶ μηδὲν ὑγιὲς εἰπεῖν. ἡμεῖς δέ, ὦ ἄνδρες δικασταί, καὶ τοῦτʼ ἐπεσκεψάμεθα, καὶ δείξομεν ὑμῖν οὐδὲν τὴν πόλιν βλαπτομένην, οὔτε μὰ τὸν Δία ἐὰν κύριον γένηται τὸ ψήφισμα τὸ Θουκυδίδου οὔτʼ ἂν ἄκυρον. καίτοι τάς γε τοιαύτας ἀπολογίας οὐ δίκαιόν ἐστι προσφέρειν τοῖς κατὰ τοὺς νόμους ὀμωμοκόσιν δικάσειν· ἀλλʼ ὅμως ἐξ αὐτῆς τῆς γραφῆς αὐτίκα γνώσεσθε διότι πρόφασίς ἐστιν τῆς ἐνδείξεως ἡ γραφή. λέγε τὰς γραφὰς ταύτας. ΓΡΑΦΑΙ.
37. Nothing, in my opinion. They say that the men of Aenos pay no heed to our state, and that this has come about because of this fellow Theocrines. For being harassed by the false and malicious charges of this man at the time when some of them were turning to Philip and others to Athens, and learning that the decree which Charinus had previously indicted had again been indicted as illegal,—the decree, that is, which Thucydides proposed and which had to do with their contribution; and learning furthermore that no conclusion was being reached in the matter, but that, while the people were ready to grant that the Aenians should pay the contribution which they had agreed upon with the general Chares, this abominable fellow had taken upon himself to carry on the same practices as the traitor Charinus—learning all this, I say, they took the course which necessity forced upon them, and chose the least of the evils before them.
37. τούτων τῶν ψηφισμάτων, ὦ ἄνδρες δικασταί, ἢ μενόντων κατὰ χώραν ἢ ἁλόντων (οὐδὲν γὰρ ἔμοιγε διαφέρει) τί ἡ πόλις κερδαίνει ἢ βλάπτεται; ἐγὼ μὲν γὰρ οὐδὲν οἶμαι. τοὺς γὰρ Αἰνίους φασὶν οὐδὲ προσέχειν τῇ πόλει, τοῦτο δὲ γεγονέναι διὰ Θεοκρίνην τουτονί. συκοφαντούμενοι γὰρ ἐν ἐκείνοις τοῖς χρόνοις ὑπὸ τούτου, ἐν οἷς οἱ μὲν ἐφιλίππιζον, οἱ δʼ ἠττίκιζον αὐτῶν, καὶ πυνθανόμενοι γεγράφθαι τὸ ψήφισμα παρανόμων ὃ Χαρῖνος πρότερον ἐγράψατο, τοῦτο τὸ περὶ τῆς συντάξεως, ὃ Θουκυδίδης εἶπε, καὶ πέρας τῶν πραγμάτων οὐδὲν γιγνόμενον, ἀλλὰ τὸν μὲν δῆμον συγχωροῦντα τὴν σύνταξιν διδόναι τοὺς Αἰνίους ὅσην Χάρητι τῷ στρατηγῷ συνεχώρησαν, τοῦτον δὲ τὸν μιαρὸν παραδεξάμενον Χαρίνῳ τῷ προδότῃ ταὐτὰ πράττειν, ὅπερ ἦν ἀναγκαῖον αὐτοῖς, τοῦτʼ ἔπραξαν·
38. Yet what must we assume their sufferings at the hands of those who were preferring indictments here to have been, when it seemed to the Aenians preferable to revolt from us, to receive a garrison, and to be subject to barbarians? But you alone, I think, are able to endure the wickedness of these men, you alone, and no one besides among all the Greeks!
38. εἵλοντο γὰρ τῶν παρόντων κακῶν τὰ ἐλάχιστα. καίτοι τί χρὴ νομίζειν αὐτοὺς πάσχειν ὑπὸ τῶν ἐνθάδε γραφομένων, οἷς ἦν αἱρετώτερον φρουρὰν ὑποδέχεσθαι καὶ βαρβάρων ἀκούειν, ὑμῶν ἀποστάντας; ἀλλʼ οἶμαι τὴν τούτων πονηρίαν ὑμεῖς μόνοι δύνασθε φέρειν, ἄλλος δʼ οὐδεὶς τῶν Ἑλλήνων.
39. That you ought not, then, whether on account of the indictments which have been read, or for any other reason, to acquit Theocrines in defiance of all the laws concerning criminal informations, is reasonably clear from what has been said. I think, however, men of the jury, that you are not aware of the excuses of these men, of their accusations, and their pretended enmities.
39. ὅτι μὲν οὖν οὔτε διὰ τὰς γραφὰς τὰς ἀνεγνωσμένας οὔτε διʼ ἄλλην αἰτίαν οὐδεμίαν ἄξιόν ἐστιν παρὰ πάντας τοὺς νόμους τοὺς περὶ τῶν ἐνδείξεων ἀφεῖναι Θεοκρίνην, σχεδὸν καὶ διὰ τῶν εἰρημένων φανερόν ἐστιν. ἐγὼ δὲ τὰς μὲν τούτων προφάσεις, ὦ ἄνδρες δικασταί, καὶ τὰς κατηγορίας καὶ τὰς προσποιήτους ταύτας ἔχθρας οὐ λανθάνειν ὑμᾶς νομίζω.
40. For you have not infrequently seen them in the court-rooms and on the platform, declaring that they are personal foes to one another, but in private following the same pursuits and sharing the profits; at one time reviling and abusing one another in foulest terms, and a little later associating in family festivals with these same people, and taking part in the same sacrifices. And not one of these things is perhaps to be wondered at. For the men are by nature base, and they see that you accept such excuses; so what is to prevent their using them and trying to deceive you?
40. οὐ γὰρ ὀλιγάκις ἑοράκατʼ αὐτοὺς ἐπὶ μὲν τῶν δικαστηρίων καὶ τοῦ βήματος ἐχθροὺς εἶναι φάσκοντας ἀλλήλοις, ἰδίᾳ δὲ ταὐτὰ πράττοντας καὶ μετέχοντας τῶν λημμάτων, καὶ τοτὲ μὲν λοιδορουμένους καὶ πλύνοντας αὑτοὺς τἀπόρρητα, μικρὸν δὲ διαλιπόντας τοῖς αὐτοῖς τούτοις συνδεκαδίζοντας καὶ τῶν αὐτῶν ἱερῶν κοινωνοῦντας. καὶ τούτων οὐδὲν ἴσως θαυμάσαι ἄξιόν ἐστιν· φύσει τε γάρ εἰσι πονηροί, καὶ τὰς τοιαύτας προφάσεις ὁρῶσιν ὑμᾶς ἀποδεχομένους, ὥστε τί κωλύει ταύταις αὐτοὺς χρωμένους ἐξαπατᾶν ὑμᾶς πειρᾶσθαι;
41. For my part I hold that it is absolutely your duty, men of the jury, to fix your attention on the matter at issue and on nothing else, and then, if my plea seems to you just and in accordance with law, to give me your support, caring nothing for the fact that it is not Demosthenes who prefers the charges, but a mere stripling. You are bound also to hold that the laws are not more binding when one presents them to you carefully in rhetorical language than when they are recited in the speech of every day. No; they are the same laws; and you should all the more readily give aid to the young and inexperienced, since they are less likely to lead you astray.
41. ὅλως δʼ ἔγωγε οἶμαι δεῖν ὑμᾶς, ὦ ἄνδρες δικασταί, ὑπὲρ αὐτοῦ τοῦ πράγματος σκεψαμένους, εἰ μὲν δίκαια λέγω καὶ κατὰ τοὺς νόμους, βοηθεῖν μοι, μηδὲν ὑπολογισαμένους εἰ μὴ Δημοσθένης ἐστὶν ὁ κατηγορῶν, ἀλλὰ μειράκιον, μηδὲ νομίζειν κυριωτέρους δεῖν εἶναι τοὺς νόμους, ἂν εὖ τις τοῖς ὀνόμασι συμπλέξας αὐτοὺς [τούτους] ὑμῖν παράσχηται, τῶν ὅπως ἔτυχεν λεγόντων, ἀλλὰ τοὺς αὐτούς, καὶ τοσούτῳ μᾶλλον τοῖς ἀπείροις καὶ τοῖς νέοις βοηθεῖν, ὅσῳπερ ἂν ἧττον ἐξαπατήσειαν ὑμᾶς.
42. For that the case is the exact opposite of what my opponent asserts,—that it is not he, but I, who am the victim of a cabal, and that, after certain persons had declared that they would aid me in my suit, I have been betrayed because of the cliques formed by these men,—all this will be made clear to you in the following way. Let the crier here call Demosthenes. He will not come forward. The reason is, not that I have been induced by certain persons to lodge criminal information against this man, but that he and the one just now mentioned have come to terms with one another. To prove that this is true, I will compel to testify both Cleinomachus, who brought them together, and Eubulides, who was with them in Cynosarges;
42. ἐπεὶ διότι τοὐναντίον ἐστίν, καὶ οὐχ οὗτος, ἀλλʼ ἐγὼ κατεστασίασμαι, καὶ φησάντων τινῶν μοι συναγωνιεῖσθαι προδέδομαι διὰ τὰς τούτων ἑταιρείας, ἐκείνως δῆλον ὑμῖν ἔσται. καλείτω ὁ κῆρυξ οὗτος τὸν Δημοσθένην· οὐκ ἀναβήσεται. τὸ δʼ αἴτιόν ἐστιν, οὐ τὸ ἐμὲ ὑπό τινων πεπεισμένον ἐνδεῖξαι τουτονί, ἀλλὰ τοῦτον καὶ τὸν ἄρτι καλούμενον διαλελύσθαι. καὶ τοῦθʼ ὅτι ἐστὶν ἀληθές, ἀναγκάσω μὲν μαρτυρεῖν καὶ Κλεινόμαχον τὸν συναγαγόντʼ αὐτοὺς καὶ Εὐβουλίδην τὸν ἐν Κυνοσάργει παραγενόμενον·
43. and I will further produce what you will all acknowledge when you have heard it, to be, not a weaker, but a stronger proof that my statement is true. For Theocrines here, when prosecuting for illegal action this abominable person, as he will presently call him, and the one who is the cause of his present troubles, openly discharged him from the indictment, in which he had fixed the penalty at ten talents. How? By doing nothing startling, but the very thing that others of his stamp have done. When the indictment was called, someone filed an affidavit for postponement, declaring that Demosthenes was ill—Demosthenes, who was going about and abusing Aeschines. This enemy of his, then, this fellow has let off, and he neither at the time filed a counter-affidavit, nor did he subsequently call the case for trial. Are not these men manifestly hoodwinking you, when you entertain the idea that they are personal foes? (To the clerk.) Read the depositions. The Depositions It is not right, then, men of the jury, that you any more than we should listen to those who will declare that they are going to speak in the interest of Theocrines because of their enmity to Demosthenes.
43. οὐ μὴν ἔλατ- τόν γε τούτου σημεῖον ὑμῖν, ἀλλὰ μεῖζον παρασχήσομαι διότι τοῦτʼ ἔστιν ἀληθές, ὃ πάντες ἀκούσαντες ὁμολογήσετε. Θεοκρίνης γὰρ οὑτοσὶ τοῦτον διώκων παρανόμων, τὸν μιαρόν, ὡς αὐτίκα φήσει, καὶ τῶν νῦν αὐτῷ κακῶν αἴτιον, φανερῶς ἀφῆκε τῆς γραφῆς, ἐφʼ ᾗ δέκα τάλαντα ἐπεγράψατο τίμημα. πῶς; οὐδὲν καινὸν διαπραξάμενος, ἀλλʼ ὅπερ ἕτεροί τινες τῶν ὁμοίων τούτῳ. τὸν μὲν Δημοσθένην τις ὑπωμόσατο καλουμένης τῆς γραφῆς ὡς νοσοῦντα, τὸν περιιόντα καὶ λοιδορούμενον Αἰσχίνῃ· τοῦτον δʼ οὗτος τὸν ἐχθρὸν εἴασεν, καὶ οὔτε τότε ἀνθυπωμόσατο οὔθʼ ὕστερον ἐπήγγελκεν. ἆρʼ οὐ περιφανῶς οὗτοι φενακίζουσιν ὑμᾶς τοὺς προσέχοντας τούτοις ὡς ἐχθροῖς; λέγε τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ.
44. No; if they are in truth enemies of Demosthenes, you should bid them bring their indictments against him, and not permit him to propose illegal decrees. These people too are clever, and you are more apt to give them credence. They will not, however, take the course which I mention. For what reason? Because they claim to be at war with one another, although they are not at war.
44. οὐκοῦν δίκαιόν ἐστιν, ὦ ἄνδρες δικασταί, μηδʼ ὑμᾶς τῶν φησόντων Θεοκρίνῃ διὰ τὴν πρὸς Δημοσθένην ἔχθραν συνερεῖν ἐθέλειν ἀκούειν, ἀλλὰ κελεύειν αὐτούς, εἴπερ ὡς ἀληθῶς ἐχθροί εἰσιν τοῦ Δημοσθένους, αὐτὸν ἐκεῖνον γράφεσθαι καὶ μὴ ἐπιτρέπειν αὐτῷ παράνομα γράφειν. εἰσὶ δὲ δεινοὶ καὶ οὗτοι, καὶ πιστεύονται μᾶλλον παρʼ ὑμῖν. ἀλλʼ οὐ ποιήσουσι τοῦτο. διὰ τί; ὅτι φασὶ πολεμεῖν ἀλλήλοις οὐ πολεμοῦντες.
45. With reference to the enmity of these people you could give me more exact information than I can give you. I should be glad, however, to ask Theocrines in your presence, if only he would give me an honest answer, what he would have done—he who declares that he has been assigned the duty of putting a stop to the proposers of illegal decrees—if anyone, after speaking to the whole body of citizens in the assembly and winning their assent, had proposed a decree, permitting those who had lost their civic rights and those indebted to the public treasury to indict, denounce, and lodge criminal informations—in a word to do all the things which the law now forbids them to do— would he have indicted for illegality the one who proposed that decree, or would he not?
45. περὶ μὲν οὖν τῆς τούτων ἔχθρας ὑμεῖς ἂν ἀκριβέστερον ἐμοὶ διεξέλθοιτε ἢ ἐγὼ ὑμῖν. ἡδέως δʼ ἂν ἠρόμην Θεοκρίνην ἐναντίον ὑμῶν, εἴ μοι ἔμελλεν ἀποκρινεῖσθαι δικαίως, τί ποτʼ ἂν ἐποίησεν, ἐπειδή φησιν ἐπὶ τῷ κωλύειν τετάχθαι τοὺς παράνομα γράφοντας, εἴ τις ἐν τῷ δήμῳ διαλεχθεὶς ἅπασι τοῖς πολίταις καὶ πείσας ἔγραψεν ἐξεῖναι τοῖς ἀτίμοις καὶ τοῖς ὀφείλουσιν τῷ δημοσίῳ γράφεσθαι, φαίνειν, ἐνδεικνύειν, ἁπλῶς ποιεῖν ὅσαπερ νῦν ὁ νόμος κωλύει πράττειν, πότερον ἐγράψατο ἂν παρανόμων τὸν ταῦτʼ εἰπόντα, ἢ οὔ;
46. If he says he would not, how can you believe him when he states that he is on the watch for those who propose illegal decrees? And if he would have brought in an indictment, is it not an outrageous thing, that when another proposed the bill, he should prevent its being finally enacted, to the end that all should not have this privilege, and should put a stop to the matter by preferring an indictment, plainly writing by its side the words of the laws; and yet should now, without having won the people’s consent or made the matter public, himself continue to prefer indictments, when the laws forbid him to do so? And he will say presently that he is being abominably treated if he is not to be allowed to continue to do this, and will rehearse the penalties provided by the laws, to which he will be liable, if convicted. Is it not an outrage that he should flout the laws, but claim that there has been granted to him by you a privilege so great that no one else has dared even to ask for it?
46. εἰ μὲν γὰρ μή [φήσει ἂν γράψασθαι], πῶς χρὴ πιστεύειν αὐτῷ λέγοντι, ὡς φυλάττει τοὺς παράνομα γράφοντας; εἰ δʼ ἐγράψατʼ ἄν, πῶς οὐ δεινόν ἐστιν ἑτέρου μὲν γράψαντος κωλύειν ἂν τέλος ἔχειν τὸ ψήφισμα, ἵνα μὴ πάντες τοῦτο ποιῶσι, καὶ γραφὴν ἀπενεγκόντα παραγραψάμενον σαφῶς τοὺς νόμους κωλύειν τὸ πρᾶγμα, νυνὶ δὲ αὐτὸν τοῦτον, μήτε πείσαντα τὸν δῆμον μήτε κοινὸν καταστήσαντα τὸ πρᾶγμα, γράφεσθαι τῶν νόμων αὐτῷ ἀπαγορευόντων (καὶ δεινὰ φήσει αὐτίκα δὴ μάλα πάσχειν, εἰ μὴ ταῦτʼ ἐξέσται ποιεῖν αὐτῷ, καὶ διέξεισι τὰς ἐκ τῶν νόμων ζημίας, αἷς ἔνοχος ἐὰν ἁλῷ γενήσεται) τῶν δὲ νόμων μὴ φροντίζειν, ἀλλʼ ἀξιοῦν αὑτῷ τηλικαύτην δωρεὰν δεδόσθαι παρʼ ὑμῶν, ὅσην οὐδʼ αἰτῆσαι τετόλμηκεν οὐδείς;
48. That in regard to the criminal information, therefore, neither Theocrines nor anyone of those who speak in his behalf will have any just argument to advance, I take it you are all pretty well assured. I fancy, however, that they will try to maintain that criminal informations may not be lodged against those who are not registered on the Acropolis, and that it is not right to consider those as debtors whose names no one has given over to the collectors, just as though you were unaware of the law which declares a man a debtor from the day on which the penalty has been imposed or on which he has transgressed the law or the decree; or as if it were not clear to everybody that there are many ways in which people who wish to obey the laws become debtors to the treasury and meet the obligation.
48. ὅτι μὲν οὖν περὶ τῆς ἐνδείξεως οὐδὲν ἕξει δίκαιον λέγειν οὔτε Θεοκρίνης οὔτε τῶν ὑπὲρ τούτου λεγόντων οὐδείς, σχεδὸν εἰδέναι πάντας ὑμᾶς νομίζω. οἶμαι δʼ αὐτοὺς ἐπιχειρήσειν λέγειν, ὡς οὐδʼ εἰσὶν ἐνδείξεις τούτων ὅσοι μὴ ἐν ἀκροπόλει ἐγγεγραμμένοι εἰσίν, οὐδʼ ἐστὶ δίκαιον τούτους ὑπολαμβάνειν ὀφείλειν ὧν οὐδεὶς παρέδωκε τοῖς πράκτορσι τὰ ὀνόματα, ὥσπερ ὑμᾶς ἀγνοήσοντας τὸν νόμον, ὃς ὀφείλειν κελεύει ἀπʼ ἐκείνης τῆς ἡμέρας, ἀφʼ ἧς ἂν ὄφλῃ ἢ παραβῇ τὸν νόμον ἢ τὸ ψήφισμα, ἢ οὐ πᾶσι δῆλον ⟨ὂν⟩ ὅτι πολλαχῶς καὶ ὀφείλουσι τῷ δημοσίῳ καὶ ἐκτίνουσιν οἱ βουλόμενοι τοῖς νόμοις πείθεσθαι, καὶ τοῦτο ἐξ αὐτοῦ τοῦ νόμου δῆλον.
49. This is plain from the law itself. (To the clerk.) Take this law again, please. The Law Do you hear, you abominable beast, what the statute says? “From the day on which the penalty shall be imposed or on which he transgresses the law.”
49. καί μοι πάλιν λαβὲ τὸν νόμον τοῦτον. ΝΟΜΟΣ. ἀκούεις, ὦ μιαρὸν σὺ θηρίον, ὅ τι κελεύει; ἀφʼ ἧς ἂν ὄφλῃ ἢ τὸν νόμον παραβῇ.
50. I hear that they are going to produce also that law which ordains that, in the interest of those who are inscribed on the register, whatever portion of the debt be paid shall be erased, and they will ask how men are to make erasures, when the debt has not even been entered on the register; as if you did not know that this statute has to do with debtors who are registered, while to those who are not registered but owe money that other law applies, which declares that one is a debtor from the day on which the penalty is incurred or on which he transgresses the law or the decree.
50. ἀκούω τοίνυν αὐτοὺς κἀκεῖνον ὑμῖν μέλλειν δεικνύναι τὸν νόμον, ὃς ἀπαλείφειν κελεύει τοῖς ἐγγεγραμμένοις ἀπὸ τοῦ ὀφλήματος καθʼ ὅ τι ἂν ἐκτίνῃ, καὶ ἐρήσεσθαι πῶς ἀπὸ τοῦ μηδʼ ἐγγεγραμμένου ἀπαλείψουσιν, ὥσπερ οὐ περὶ μὲν τῶν ἐγγεγραμμένων τοῦτον κείμενον, περὶ δὲ τῶν μὴ ἐγγεγραμμένων ὀφειλόντων δʼ ἐκεῖνον, ὃς κελεύει ἀπʼ ἐκείνης ὀφείλειν τῆς ἡμέρας, ἀφʼ ἧς ἂν ὄφλῃ ἢ παραβῇ τὸν νόμον ἢ τὸ ψήφισμα.
51. Why, then, he will ask, do you not indict me for non-insertion in the register, seeing that I am a debtor, and not registered? Because the law ordains that indictments for non-insertion shall be lodged, not against those who are debtors and not registered, but against those who, although they have been registered and have not paid their debt, nevertheless have their names erased. (To the clerk.) Take the law, please, and read it. The Law 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.
51. τί οὖν οὐκ ἀγραφίου με, φήσει, γράφει, τὸν ὀφείλοντα καὶ μὴ ἐγγεγραμμένον; ὅτι ὁ νόμος οὐ κατὰ τῶν ὀφειλόντων καὶ μὴ ἐγγραφέντων κελεύει τὰς γραφὰς τοῦ ἀγραφίου εἶναι, ἀλλʼ οἵτινες ἂν ἐγγραφέντες καὶ μὴ ἐκτείσαντες τῇ πόλει τὸ ὄφλημα ἐξαλειφθῶσι. καί μοι λαβὲ τὸν νόμον καὶ ἀνάγνωθι. ΝΟΜΟΣ.
52. Against persons of this class it ordains that there shall be a criminal information and other legal penalties. But why do you, Theocrines, try to teach me all the ways in which one may avenge oneself upon one’s enemies, instead of making a defence in the action in which you have come into court?
52. ἀκούετε τοῦ νόμου, ὦ ἄνδρες δικασταί, ὅτι διαρρήδην λέγει, ἐάν τις τῶν ὀφειλόντων τῷ δημοσίῳ μὴ ἐκτείσας τὸ ὄφλημα τῇ πόλει ἐξαλειφθῇ, εἶναι κατʼ αὐτοῦ τὰς γραφὰς πρὸς τοὺς θεσμοθέτας τοῦ ἀγραφίου, καὶ οὐ κατὰ τοῦ ὀφείλοντος καὶ μὴ ἐγγεγραμμένου, ἀλλʼ ἔνδειξιν κελεύει καὶ ἄλλας τιμωρίας κατὰ τούτων εἶναι. ἀλλὰ σὺ τί διδάσκεις με πάντας τοὺς τρόπους οἷς δεῖ με τιμωρήσασθαι τοὺς ἐχθρούς, ἀλλʼ οὐ καθʼ ὃν εἰσελήλυθα, τοῦτον ἀπολογεῖ;
53. Moerocles, men of the jury, who proposed the decree against those who injure merchants, and who persuaded, not you alone, but your allies as well, to organize a sort of police to repress the wrongdoers, will not be ashamed presently on behalf of Theocrines to speak in opposition to his own decree. On the contrary, he will have the audacity to advise you that you ought not to punish, but to acquit, the one who has thus manifestly been convicted of lodging false denunciations against the merchants; as if his measures for purging the sea had no other purpose than that voyagers who had come safely through the dangers of the open sea might pay money to these people in the harbor; or as if it were any advantage to the merchants that, after completing a long voyage without mishap, they should fall into the hands of Theocrines.
53. Μοιροκλῆς τοίνυν, ὦ ἄνδρες δικασταί, ὁ τὸ ψήφισμα γράψας κατὰ τῶν τοὺς ἐμπόρους ἀδικούντων, καὶ πείσας οὐ μόνον ὑμᾶς ἀλλὰ καὶ τοὺς συμμάχους φυλακήν τινα τῶν κακουργούντων ποιήσασθαι, οὐκ αἰσχυνεῖται αὐτίκα μάλα λέγων ὑπὲρ Θεοκρίνου ἐναντία τοῖς ἑαυτοῦ ψηφίσμασιν, ἀλλὰ τολμήσει πείθειν ὑμᾶς ὡς χρὴ τὸν οὕτως φανερῶς ἐξεληλεγμένον φάσεις ποιούμενον ἀδίκους κατὰ τῶν ἐμπόρων ἀφεῖναι καὶ μὴ τιμωρήσασθαι, ὥσπερ ἕνεκα τούτου γράψας καθαρὰν εἶναι τὴν θάλατταν, ἵνα σωθέντες οἱ πλέοντες ἐκ τοῦ πελάγους ἐν τῷ λιμένι χρήματα τούτοις ἀποτίνωσιν, ἢ διαφέρον τι τοῖς ἐμπόροις, ἂν μακρὸν διαφυγόντες πλοῦν Θεοκρίνῃ περιπέσωσιν.
55. For my part, I think that, while the generals and those in command of your ships of war, and not you, are to blame for mishaps which occur during a voyage, yet for mishaps in the Peiraeus and before the magistrates you are to blame, since you have all these persons under your control. Wherefore it is even more necessary to watch those who transgress the laws here at home than those who fail to abide by your decrees abroad, in order that you may not yourselves be thought to look with complaisance upon what is going on and in a measure to connive at the doings of these men.
55. ἐγὼ δʼ οἶμαι τῶν μὲν κατὰ πλοῦν γιγνομένων οὐχ ὑμᾶς, ἀλλὰ τοὺς στρατηγοὺς καὶ τοὺς ἐπὶ τοῖς μακροῖς πλοίοις αἰτίους εἶναι, τῶν δʼ ἐν τῷ Πειραιεῖ καὶ πρὸς ταῖς ἀρχαῖς ὑμᾶς, οἳ τούτων κύριοι ἁπάντων ἐστέ. διὸ καὶ μᾶλλόν ἐστι τηρητέον τοὺς ἐνθάδε παραβαίνοντας τοὺς νόμους τῶν ἔξω τοῖς ψηφίσμασιν οὐκ ἐμμενόντων, ἵνα μὴ δοκῆτε αὐτοὶ πράως ἐπὶ τοῖς γιγνομένοις φέρειν καὶ συνειδέναι τι τούτοις ὧν πράττουσιν.
56. For surely, Moerocles, we are not now going to exact ten talents from the Melians in accordance with the terms of your decree, because they gave harborage to the pirates, and yet suffer this man to go free who has transgressed both your decree and the laws which maintain our state. And shall we prevent from wrongdoing the islanders, against whom we must man our ships in order to hold them to their duty, but you abominable creatures, upon whom these jurymen should inflict the penalty according to the laws, while they sit right here—shall we let you go?(To the jury.) You will not, at least if you are wise. (To the clerk.) Read the stelê. The Stele Regarding the laws, then, and the case before you I do not know what need there is to say more; for, I take it, you have been adequately informed.
56. οὐ γὰρ δήπου Μηλίους μέν, ὦ Μοιρόκλεις, κατὰ τὸ σὸν ψήφισμα δέκα τάλαντα νῦν εἰσεπράξαμεν, ὅτι τοὺς λῃστὰς ὑπεδέξαντο, τουτονὶ δʼ ἀφήσομεν, ὃς καὶ τὸ σὸν ψήφισμα καὶ τοὺς νόμους, διʼ οὓς οἰκοῦμεν τὴν πόλιν, παραβέβηκεν· καὶ τοὺς μὲν τὰς νήσους οἰκοῦντας κωλύσομεν ἀδικεῖν, ἐφʼ οὓς τριήρεις δεῖ πληρώσαντας ἀναγκάσαι τὰ δίκαια ποιεῖν, ὑμᾶς δὲ τοὺς μιαρούς, οἷς αὐτοῦ δεῖ καθημένους τουτουσὶ κατὰ τοὺς νόμους ἐπιθεῖναι δίκην, ἐάσομεν; οὔκ, ἄν γε σωφρονῆτε. λέγε τὴν στήλην. ΣΤΗΛΗ.
57. It is my purpose, after begging justice at your hands for my father and myself, to come down from the platform and trouble you no further. I felt, men of the jury, that it was my duty to come to my father’s aid, and I thought that this course was just; so I lodged this criminal information, as I told you at the outset, although I knew well that those who wished to calumniate me would find words which would fling reproach upon my youth, while others would praise me and hold that I was acting wisely in seeking to take vengeance on the enemy of my father. However, I knew that, while the effect on my hearers would be as fortune might determine, I was none the less in duty bound to carry out the command laid upon me by my father, especially as it was a just one.
57. περὶ μὲν οὖν τῶν νόμων καὶ τοῦ πράγματος οὐκ οἶδʼ ὅ τι δεῖ πλείω λέγειν· ἱκανῶς γάρ μοι δοκεῖτε μεμαθηκέναι. βούλομαι δὲ δεηθεὶς ὑμῶν τὰ δίκαιʼ ὑπὲρ ἐμαυτοῦ καὶ τοῦ πατρὸς καταβαίνειν καὶ μὴ ἐνοχλεῖν ὑμῖν. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, βοηθεῖν οἰόμενος δεῖν τῷ πατρὶ καὶ τοῦτο δίκαιον εἶναι νομίζων, τὴν ἔνδειξιν ταύτην ἐποιησάμην, ὥσπερ ἐξ ἀρχῆς εἶπον, οὐκ ἀγνοῶν οὔτε τοὺς βλασφημεῖν βουλομένους, ὅτι λόγους εὑρήσουσι τοὺς διαβαλοῦντας τὴν ἐμὴν ἡλικίαν, οὔτε τοὺς ἐπαινεσομένους καὶ σωφρονεῖν με νομιοῦντας, εἰ τὸν ἐχθρὸν τοῦ πατρὸς τιμωρεῖσθαι προαιροῦμαι, ἀλλʼ ἡγούμενος ταῦτα μὲν οὕτως ὅπως ἂν τύχῃ παρὰ τοῖς ἀκροωμένοις συμβήσεσθαι, ἐμοὶ δὲ τὸ προσταχθὲν ὑπὸ τοῦ πατρός, ἄλλως τε καὶ δίκαιον ὄν, τοῦτʼ εἶναι ποιητέον.
59. For when, pray, should I come to his aid? Should it not be now, when the opportunity of avenging him in accordance with the laws is open to me, when I myself share in my father’s misfortune, and he has been left desolate? This is precisely what has now come about. For, in addition to our other misfortunes, men of the jury, this too has befallen us: everybody urges us on, expresses sympathy for what has happened, says that we have been outrageously treated, and that the defendant is liable to the criminal information; yet no one of those who say these things is willing to cooperate with us or declares his readiness openly to incur the enmity of Theocrines. So true is it that with some people the love of right is not strong enough to lead them to speak out frankly.
59. πότε γάρ με καὶ δεῖ βοηθεῖν αὐτῷ; οὐχ ὅταν ἡ μὲν τιμωρία κατὰ τοὺς νόμους ᾖ, μετέχων δʼ αὐτὸς τυγχάνω τῆς τοῦ πατρὸς ἀτυχίας, μόνος δὲ καταλελειμμένος ὁ πατήρ; ὅπερ νῦν συμβέβηκεν. πρὸς γὰρ τοῖς ἄλλοις ἀτυχήμασι καὶ τοῦθʼ ἡμῖν, ὦ ἄνδρες δικασταί, συμβέβηκεν· παροξύνουσι μὲν ἡμᾶς ἅπαντες καὶ συνάχθεσθαί φασι τοῖς γεγενημένοις καὶ δεινὰ πεπονθέναι λέγουσι καὶ τοῦτον εἶναι ἔνοχον τῇ ἐνδείξει, συμπράττειν δʼ οὐδεὶς ἐθέλει τῶν εἰπόντων, οὐδέ φησιν ἀπεχθάνεσθαι βούλεσθαι φανερῶς· οὕτως ἔλαττον παρά τισιν τὸ δίκαιον ἰσχύει τῆς παρρησίας.
60. And, men of the jury, while many misfortunes have befallen us in a short period of time because of this fellow Theocrines, no one of them is more grievous than the present one, that, namely, my father, to whom the wrong was done and who could set forth to you the cruel and illegal acts of Theocrines, must keep silent (for the laws so bid), and I, who am unequal to all these tasks, must I do the talking; and whereas other youths of my age are aided by their fathers, my father now rests his hopes on me.
60. πολλῶν δʼ ἡμῖν, ὦ ἄνδρες δικασταί, διὰ τουτονὶ Θεοκρίνην ἀτυχημάτων ἐν οὐκ ὀλίγῳ χρόνῳ συμβεβηκότων, οὐδενὸς ἔλαττόν ἐστιν τὸ νῦν συμβαῖνον, ὅτι τὰ δεινὰ καὶ τὰ παρὰ τοὺς νόμους πεπραγμένα Θεοκρίνῃ τῷ μὲν πατρὶ τῷ πεπονθότι καὶ δυναμένῳ ἂν δηλῶσαι πρὸς ὑμᾶς ἐξ ἀνάγκης ἡσυχίαν ἑκτέον ἐστίν (οἱ γὰρ νόμοι ταῦτα κελεύουσιν), ἐμοὶ δὲ τῷ πάντων τούτων ὑστερίζοντι λεκτέον, καὶ τοῖς μὲν ἄλλοις τοῖς τηλικούτοις οἱ πατέρες βοηθοῦσιν, οὗτος δʼ ἐν ἐμοὶ νῦν ἔχει τὰς ἐλπίδας.
61. Seeing, then, that we are engaged in so unequal a contest, we beg you all to come to our aid and to make it clear to all men that, whether a boy or an old man, or one of any age, comes before you in accordance with the laws, he will obtain complete justice. The honorable course for you, men of the jury, is, not to put the laws or your own selves in the power of those who speak, but to keep the speakers in your power, and to make a distinction between those who speak well and lucidly, and those who speak what is just; for it is concerning justice that you have sworn to cast your votes.
61. τοιοῦτον οὖν ἀγωνιζόμενοι ἀγῶνα δεόμεθʼ ὑμῶν ἐπικουρεῖν ἡμῖν, καὶ δεῖξαι πᾶσιν ὅτι, κἂν παῖς κἂν γέρων κἂν ἡντινοῦν ἡλικίαν ἔχων ἥκῃ πρὸς ὑμᾶς κατὰ τοὺς νόμους, οὗτος τεύξεται πάντων τῶν δικαίων. καλὸν γάρ, ὦ ἄνδρες δικασταί, μήτε τοὺς νόμους μήθʼ ὑμᾶς αὐτοὺς ἐπὶ τοῖς λέγουσι ποιεῖν, ἀλλʼ ἐκείνους ἐφʼ ὑμῖν, καὶ χωρὶς κρίνειν τούς τʼ εὖ καὶ σαφῶς καὶ τοὺς τὰ δίκαια λέγοντας· περὶ γὰρ τούτου τὴν ψῆφον ὀμωμόκατʼ οἴσειν.
62. For no man surely will persuade you that there will be any lack of politicians like the defendant, or that the state will be less well administered because of that. Indeed the opposite is the case, as I hear from men older than myself. For they tell us that the state fared best when men of moderation and restraint were in public life. Would one find Theocrines and his fellows to be good counsellors? No; they say not a word in the assembly, but get money by indicting those who do speak there.
62. οὐ γὰρ δὴ πείσει γʼ ὑμᾶς οὐδεὶς ὡς ἐπιλείψουσιν οἱ τοιοῦτοι ῥήτορες, οὐδʼ ὡς διὰ τοῦτο χεῖρον ἡ πόλις οἰκήσεται. τοὐναντίον γάρ ἐστιν, ὡς ἐγὼ τῶν πρεσβυτέρων ἀκούω· τότε γάρ φασιν ἄριστα πρᾶξαι τὴν πόλιν, ὅτε μέτριοι καὶ σώφρονες ἄνδρες ἐπολιτεύοντο. πότερον γὰρ συμβούλους εὕροι τις ἂν τούτους ἀγαθούς; ἀλλʼ οὐδὲν ἐν τῷ δήμῳ λέγουσιν, ἀλλὰ τοὺς ἐκεῖθεν γραφόμενοι χρήματα λαμβάνουσιν.
63. And this is an extraordinary thing: they make their living by pettifoggery, yet they say they get nothing from the state, and, while they possessed nothing before coming to you, now that they are well-to-do they do not even feel grateful to you, but go about saying that the people are fickle and surly and thankless, as if you prospered because of these men, and not they because of the people! But after all it is natural for them to say this, when they see how easy-going you are. For you have never punished any one of them in the way his wickedness deserves, but you put up with their saying that the safety of the democracy comes from those who bring indictments and baseless actions; than whom no more pernicious class exists.
63. ὃ καὶ θαυμάσιόν ἐστιν, ὅτι ζῶντες ἐκ τοῦ συκοφαντεῖν οὔ φασι λαμβάνειν ἀπὸ τῆς πόλεως· καὶ πρὶν προσελθεῖν πρὸς ὑμᾶς οὐδὲν ἔχοντες, νῦν εὐποροῦντες οὐδὲ χάριν ὑμῖν ἔχουσιν, ἀλλὰ περιιόντες λέγουσιν ὡς ἀβέβαιός ἐστιν ὁ δῆμος, ὡς δυσχερής, ὡς ἀχάριστος, ὥσπερ ὑμᾶς διὰ τούτους εὐποροῦντας, οὐ τούτους διὰ τὸν δῆμον. ἀλλὰ γὰρ εἰκότως ταῦθʼ οὗτοι λέγουσιν, ὁρῶντες τὴν ὑμετέραν ῥᾳθυμίαν. οὐδένα γὰρ ἀξίως αὐτῶν τῆς πονηρίας τετιμώρησθε, ἀλλʼ ὑπομένετε λεγόντων αὐτῶν ὡς ἡ τοῦ δήμου σωτηρία διὰ τῶν γραφομένων καὶ συκοφαντούντων ἐστίν· ὧν γένος ἐξω- λέστερον οὐδέν ἐστιν.
64. For in what could anyone find these people useful to the state? They punish wrongdoers, it will be said, and through them the number of wrongdoers is lessened. Not so, men of the jury; it is even increased; for those who are minded to do evil, knowing that a portion of their gains must be given to these men, of necessity determine to exact more from the rest, that they may have enough to spend, not only upon themselves, but upon these men as well.
64. τί γὰρ ἄν τις τούτους εὕροι χρησίμους ὄντας τῇ πόλει; τοὺς ἀδικοῦντας νὴ Δίʼ οὗτοι κολάζουσιν, καὶ διὰ τούτους ἐλάττους εἰσὶν ἐκεῖνοι. οὐ δῆτα, ὦ ἄνδρες δικασταί, ἀλλὰ καὶ πλείους· εἰδότες γὰρ οἱ κακόν τι βουλόμενοι πράττειν ὅτι τούτοις ἐστὶν ἀπὸ τῶν λημμάτων τὸ μέρος δοτέον, ἐξ ἀνάγκης μείζω προαιροῦνται παρὰ τῶν ἄλλων ἁρπάζειν, ἵνα μὴ μόνον αὑτοῖς, ἀλλὰ καὶ τούτοις ἔχωσιν ἀναλίσκειν.
65. Against all others who in their wrongdoing work harm upon those who come into contact with them men may protect themselves, some by setting a guard over their household effects, others by staying at home at night, so as to suffer no harm, and again, by taking precautions in one way or another men can guard against the plots of those who wish to work them harm; but against pettifoggers like this man—whither can one go to win security from them? The things which are a means of escape from other crimes are the stock-in-trade of these men—the laws, that is, the courts, witnesses, assemblies. It is here that they show their strength, counting as friends those who offer them money, and the quiet and wealthy people as their foes.
65. καὶ τοὺς μὲν ἄλλους ὅσοι κακουργοῦντες βλάπτουσί τι τοὺς ἐντυγχάνοντας, τοὺς μὲν τῶν οἴκοι φυλακὴν καταστήσαντας [σῴζειν ἔστι], τοὺς δʼ ἔνδον μένοντας τῆς νυκτὸς [μηδὲν παθεῖν], τοὺς δʼ ἑνί γέ τῳ τρόπῳ φυλαξαμένους ἔνεστι διώσασθαι τὴν τῶν κακόν τι ποιεῖν βουλομένων ἐπιβουλήν· τοὺς δὲ τοιουτουσὶ συκοφάντας, ποῖ χρὴ πορευθέντας ἀδείας παρὰ τούτων τυχεῖν; αἱ γὰρ τῶν ἄλλων ἀδικημάτων καταφυγαὶ τούτοις εἰσὶν ἐργασίαι, νόμοι, δικαστήρια, μάρτυρες, ἀγοραί· ἐν οἷς τὰς αὑτῶν ῥώμας ἐπιδείκνυνται, φίλους μὲν τοὺς διδόντας νομίζοντες, ἐχθροὺς δὲ τοὺς ἀπράγμονας καὶ πλουσίους.
66. Remember, therefore, men of the jury, the wickedness of these men, and remember also our ancestors, of whom Epichares, my grandfather, was victor in the foot-race for boys at Olympia and won a crown for the city, and enjoyed good report among your ancestors as long as he lived; whereas we, thanks to this god-detested fellow, have been deprived of our citizenship in that state in defence of which Aristocrates, son of Scelius, the uncle of my grandfather Epichares, whose name my brother here bears, performed many glorious deeds, when our country was at war with the Lacedaemonians. He razed to the ground Eetioneia, into which Critias and his faction were about to receive the Lacedaemonians, destroyed the fortress raised against us, and restored the people to their country, incurring himself dangers not like those which we are incurring, but dangers in which even disaster is glorious; and he put a stop to those who were plotting against you.
66. ἀναμνησθέντες οὖν, ὦ ἄνδρες δικασταί, καὶ τῆς τούτων πονηρίας καὶ τῶν προγόνων τῶν ἡμετέρων, ὧν Ἐπιχάρης μὲν ὁ πάππος ὁ ἐμὸς Ὀλυμπίασι νικήσας παῖδας στάδιον ἐστεφάνωσε τὴν πόλιν, καὶ παρὰ τοῖς ὑμετέροις προγόνοις ἐπιεικῆ δόξαν ἔχων ἐτελεύτησεν· ἡμεῖς δὲ διὰ τοῦτον τὸν θεοῖς ἐχθρὸν ἀπεστερήμεθα ταύτης τῆς πόλεως, ὑπὲρ ἧς Ἀριστοκράτης ὁ Σκελίου, θεῖος ὢν Ἐπιχάρους τοῦ πάππου τοῦ ἐμοῦ, οὗ ἔχει ἁδελφὸς οὑτοσὶ τοὔνομα, πολλὰ καὶ καλὰ διαπραξάμενος ἔργα πολεμούσης τῆς πόλεως Λακεδαιμονίοις, κατασκάψας τὴν Ἠετιώνειαν, εἰς ἣν Λακεδαιμονίους ἔμελλον οἱ περὶ Κριτίαν ὑποδέχεσθαι, καθεῖλε μὲν τὸ ἐπιτείχισμα, κατήγαγε δὲ τὸν δῆμον κινδυνεύων αὐτὸς οὐ τοιούτους κινδύνους, ἀλλʼ ἐν οἷς καὶ παθεῖν τι καλόν ἐστιν, ἔπαυσε δὲ τοὺς ἐπιβουλεύοντας ὑμῖν.
68. For his sake, even if we had been like this fellow Theocrines, you would with good right have preserved us; to say nothing of our being better than he and of our pleading a cause which is just. We will not burden you by constantly repeating these things, for the defendant has brought us into such plight that, as I said at the outset, we have no hope of sharing in that freedom of speech which is granted even to aliens.
68. διʼ ὅν, εἰ Θεοκρίνῃ τουτῳὶ ὅμοιοι ὄντες ἐτυγχάνομεν, εἰκότως ἐσῴζετʼ ἂν ἡμᾶς, μὴ ὅτι βελτίους ὄντας τούτου καὶ δίκαια λέγοντας. οὐ γὰρ πολλάκις ὑμᾶς ταῦτα λέγοντες ἐνοχλήσομεν· οὕτως γὰρ ἡμᾶς οὗτος διατέθηκεν ὥστε, ὅπερ ἐξ ἀρχῆς εἶπον, μηδʼ ἐλπίδʼ ἡμῖν εἶναι μηδεμίαν τοῦ μετασχεῖν τῆς καὶ τοῖς ξένοις δεδομένης παρρησίας.
69. In order, therefore, that, if we get nothing else, we may at least have the satisfaction of seeing the defendant also reduced to silence, come to our aid; have pity on those of our family who have died for their country; compel Theocrines to make his defence on the questions raised by the indictment itself; and show yourselves as judges of his words such as he showed himself as our accuser.
69. ἵνʼ οὖν, εἰ καὶ μηδὲν ἄλλο, ταύτην γε ἔχωμεν παραψυχήν, τὸ καὶ τοῦτον ὁρᾶν ἡσυχίαν ἄγοντα, βοηθήσαθʼ ἡμῖν, ἐλεήσατε τοὺς ὑπὲρ τῆς πατρίδος ἡμῶν τετελευτηκότας, ἀναγκάσατʼ αὐτὸν ὑπὲρ αὐτῆς τῆς ἐνδείξεως ἀπολογεῖσθαι, καὶ τοιοῦτοι γένεσθʼ αὐτῷ δικασταὶ τῶν λεγομένων οἷος ἡμῶν οὗτος ἐγένετο κατήγορος, ὃς ἐξαπατήσας τοὺς δικαστὰς οὐκ ἠθέλησε τιμήσασθαι μετρίου τινὸς τιμήματος τῷ πατρὶ τῷ ἐμῷ, πολλὰ ἐμοῦ δεηθέντος καὶ τοῦτον ἱκετεύσαντος πρὸς τῶν γονάτων, ἀλλʼ ὥσπερ τὴν πόλιν προδεδωκότι τῷ πατρὶ δέκα ταλάντων ἐτιμήσατο.
70. For he, after deceiving the jury, refused to propose any moderate penalty for my father, although I pleaded with him earnestly and clasped his knees in entreaty; but, as if my father had betrayed our country, he fixed the penalty at ten talents. We, therefore, beg and implore you: give us a just verdict. Come to our aid, anyone who has anything to say, and plead for us.(To one who rises to speak.) Mount the platform.
70. δεόμεθʼ οὖν ὑμῶν, ἀντιβολοῦμεν, τὰ δίκαια ψηφίζεσθε. βοήθησον ἡμῖν ὁ δεῖνα, εἴ τι ἔχεις, καὶ σύνειπε. ἀνάβηθι.