1. I did not suppose, gentlemen of the Council, that Philon would ever carry audacity to the point of consenting to appear before you in order to pass a scrutiny. But since he is audacious, not in one instance only, but in many, and I have taken oath before entering the Council-chamber that my counsel would be for the best advantage of the State, and as the terms of that oath require us to expose any person appointed by lot whom we know to be unsuitable for service on the Council, I shall deliver the accusation against this man Philon: I am not, however, pursuing any private feud, nor am I prompted by my ability or practice in speaking before you, but I merely rely on the multitude of his offences, and feel bound to abide by the oaths that I have sworn.
1. ὤιμην μέν, ὦ βουλή, οὐκ ἄν ποτʼ εἰς τοῦτο τόλμης Φίλωνα ἀφικέσθαι, ὥστε ἐθελῆσαι εἰς ὑμᾶς ἐλθεῖν δοκιμασθησόμενον· ἐπειδὴ δὲ οὐχ ἕν τι μόνον ἀλλὰ πολλὰ τολμηρός ἐστιν, ἐγὼ δὲ ὀμόσας εἰσῆλθον εἰς τὸ βουλευτήριον τὰ βέλτιστα βουλεύσειν τῇ πόλει, ἔνεστί τε ἐν τῷ ὅρκῳ ἀποφανεῖν εἴ τίς τινα οἶδε τῶν λαχόντων ἀνεπιτήδειον ὄντα βουλεύειν, ἐγὼ τὴν κατὰ τουτουὶ Φίλωνος ποιήσομαι κατηγορίαν, οὐ μέντοι γε ἰδίαν ἔχθραν οὐδεμίαν μεταπορευόμενος, οὐδὲ τῷ δύνασθαι καὶ εἰωθέναι λέγειν ἐν ὑμῖν ἐπαρθείς, ἀλλὰ τῷ πλήθει τῶν ἁμαρτημάτων αὐτοῦ πιστεύων, καὶ τοῖς ὅρκοις οἷς ὤμοσα ἐμμένειν ἀξιῶν.
3. Now you will recognize that the contest will be an unequal one: my resources will not be so ample for showing up his character as his were for contriving his villainies. Nevertheless, if I should not altogether discharge my part in speaking to the accusation, it would not be right that he should benefit by that, but rather that he should be rejected on the score of any points that I can demonstrate to your satisfaction.
3. γνώσεσθε μὲν οὖν ὅτι οὐκ ἀπὸ ἴσης παρασκευῆς ἐγώ τε τοῦτον ἐλέγξω οἷός ἐστι, καὶ οὗτος ἐπεχείρησε πονηρὸς εἶναι· ὅμως ⟨δʼ⟩ εἴ τι ἐγὼ ἐλλείποιμι τῷ λόγῳ τῆς κατηγορίας, οὐκ ἂν δίκαιος εἴη οὗτος διὰ τοῦτο ὠφεληθῆναι, ἀλλὰ μᾶλλον, ὅ τι ἱκανῶς διδάξαιμι, ἐκ τούτων ἀποδοκιμασθῆναι.
4. For my speech will be found defective only on account of my imperfect acquaintance with the whole of his actions, but adequate on account of the vileness of all his ways. And I also call upon those among you who may have more ability in speaking than I to amplify my exposure of his offences, and to make use of any points that I omit for accusing Philon, in your turn, of offences known to you. For it is not from my sole statement that you ought to form your views of his character.
4. ἐνδεῶς μὲν γὰρ διὰ τὴν ἀπειρίαν πάντων τῶν τούτῳ πεπραγμένων, ἱκανῶς δὲ διὰ τὴν περὶ αὐτὸν κακίαν εἰρηκὼς ἂν εἴην. ἀξιῶ δὲ καὶ ὑμῶν οἵτινες δυνατώτεροι ἐμοῦ εἰσι λέγειν, ἀποφῆναι μείζω ὄντα αὐτοῦ τὰ ἁμαρτήματα, καὶ ἐξ ἂν ἐγὼ ὑπολίπω, πάλιν αὐτοὺς περὶ ὧν ἴσασι κατηγορῆσαι Φίλωνος· οὐ γὰρ ἐκ τῶν ὑπʼ ἐμοῦ ⟨μόνου⟩ λεγομένων δεῖ ὑμᾶς περὶ αὐτοῦ ὁποῖός ἐστι σκέψασθαι.
5. What I say is that only those have the right to sit in Council on our concerns who, besides holding the citizenship, have their hearts set upon it. For to them it makes a great difference whether this city is prosperous or unsuccessful, because they consider themselves obliged to bear their share in her calamities as they also share in her advantages.
5. ἐγὼ γὰρ οὐκ ἄλλους τινάς φημι δίκαιον εἶναι βουλεύειν περὶ ἡμῶν, ἢ τοὺς πρὸς τῷ εἶναι πολίτας καὶ ἐπιθυμοῦντας τούτου. τούτοις μὲν γὰρ μεγάλα τὰ διαφέροντά ἐστιν εὖ τε πράττειν τὴν πόλιν τήνδε καὶ ἀνεπιτηδείως διὰ τὸ ἀναγκαῖον σφίσιν αὐτοῖς ἡγεῖσθαι εἶναι μετέχειν τὸ μέρος τῶν δεινῶν, ὥσπερ καὶ τῶν ἀγαθῶν μετέχουσι·
6. But those who, though citizens by birth, adopt the view that any country in which they have their business is their fatherland, are evidently men who would even abandon the public interest of their city to seek their private gain, because they regard their fortune, not the city, as their fatherland.
6. ὅσοι δὲ φύσει μὲν πολῖταί εἰσι, γνώμῃ δὲ χρῶνται ὡς πᾶσα γῆ πατρὶς αὐτοῖς ἐστιν ἐν ᾗ ἂν τὰ ἐπιτήδεια ἔχωσιν, οὗτοι δῆλοί εἰσιν ὅτι κἂν παρέντες τὸ τῆς πόλεως κοινὸν ἀγαθὸν ἐπὶ τὸ ἑαυτῶν ἴδιον κέρδος ἔλθοιεν διὰ τὸ μὴ τὴν πόλιν ἀλλὰ τὴν οὐσίαν πατρίδα ἑαυτοῖς ἡγεῖσθαι.
7. Now I will demonstrate that Philon here has set his private safety above the public danger of the city, and has held it preferable to pass his life without danger to himself rather than save the city by sharing her dangers with the rest of the citizens.
7. ἐγὼ τοίνυν ἀποφανῶ Φίλωνα τουτονὶ περὶ πλείονος ποιησάμενον τὴν ἰδίαν ἀσφάλειαν ἢ τὸν κοινὸν τῆς πόλεως κίνδυνον, καὶ ἡγησάμενον κρεῖττον εἶναι αὐτὸν ἀκινδύνως τὸν βίον διάγειν ἢ τὴν πόλιν σῴζειν ὁμοίως τοῖς ἄλλοις πολίταις κινδυνεύοντα.
8. For this man, gentlemen of the Council, in the midst of the city’s disaster (which I only touch upon so far as I am forced to do so), was banned from the town by the Thirty along with the main body of the citizens, and for a while he lived in the country: but when the party of Phyle returned to the Peiraeus, and the people, not only from the country, but from over the border, assembled together, partly in the town and partly in the Peiraeus, and when each to the extent of his powers came to the rescue of his fatherland, Philon’s conduct was the opposite of that shown by the rest of the citizens.
8. οὗτος γάρ, ὦ βουλή, ὅτε ἡ συμφορὰ τῇ πόλει ἦν (ἧς ἐγώ, καθʼ ὅσον ἀναγκάζομαι, κατὰ τοσοῦτον μέμνημαι), ἐκκεκηρυγμένος ἐκ τοῦ ἄστεως ὑπὸ τῶν τριάκοντα μετὰ τοῦ ἄλλου πλήθους τῶν πολιτῶν τέως μὲν ᾤκει ἐν ἀγρῷ, ἐπειδὴ δὲ οἱ ἀπὸ Φυλῆς κατῆλθον εἰς τὸν Πειραιᾶ, καὶ οὐ μόνον οἱ ἐκ τῶν ἀγρῶν ἀλλὰ καὶ οἱ ἐκ τῆς ὑπερορίας οἱ μὲν εἰς τὸ ἄστυ οἱ δʼ εἰς τὸν Πειραιᾶ συνελέγοντο, καὶ καθʼ ὅσον ἕκαστος οἷός τʼ ἦν, κατὰ τοσοῦτον ἐβοήθει τῇ πατρίδι, τὰ ἐναντία ἅπασι τοῖς ἄλλοις πολίταις ἐποίησε·
9. For he packed up all his belongings and left the city to live beyond the border, at Oropus, where he paid the aliens’ tax and resided under the protection of a patron, since he preferred the life of an alien among those people to citizenship with us. And so he would not even do as some citizens did, who turned about when they saw the party of Phyle succeeding in their efforts; he did not even think fit to take any share in these successes, but chose to come when the business was achieved rather than join in the return after achieving something for the advantage of the common wealth. For he did not come to the Peiraeus, nor is there any instance of his having placed himself at your disposal.
9. συσκευασάμενος γὰρ τὰ ἑαυτοῦ ἐνθένδε εἰς τὴν ὑπερορίαν ἐξῴκησε, καὶ ἐν Ὠρωπῷ μετοίκιον κατατιθεὶς ἐπὶ προστάτου ᾤκει, βουληθεὶς παρʼ ἐκείνοις μετοικεῖν μᾶλλον ἢ μεθʼ ἡμῶν πολίτης εἶναι. οὐ τοίνυν οὐδʼ ὥσπερ ἔνιοί τινες τῶν πολιτῶν μετεβάλοντο, ἐπειδὴ ἑώρων τοὺς ἀπὸ Φυλῆς ἐν οἷς ἔπραττον εὐτυχοῦντας, οὐδὲ τούτων τι τῶν εὐτυχημάτων ἠξίωσε μετασχεῖν, ἐπὶ κατειργασμένοις μᾶλλον ἐλθεῖν βουλόμενος ἢ συγκατελθεῖν κατεργασάμενός τι τῶν τῇ κοινῇ πολιτείᾳ συμφερόντων· οὐ γὰρ ἦλθεν εἰς τὸν Πειραιᾶ, οὐδʼ ἔστιν ὅπου ἑαυτὸν ὑμῖν τάξαι παρέσχεν.
10. But I ask you, if on seeing us successful he did not shrink from betraying us, what must he have done to us, had we failed of our object? Now those who were prevented by private calamities from sharing the dangers that then beset the city deserve some indulgence: for misfortune befalls no man of his own will.
10. καίτοιγε ὅστις εὐτυχοῦντας ὁρῶν ἡμᾶς ἐτόλμα προδιδόναι, τί ποτε ὡς μὴ ἐβουλόμεθά γε πράττοντας ἐποίησεν ἄν; ὅσοι μὲν τοίνυν διὰ συμφορὰς ἰδίας οὐ μετέσχον τῶν τότε γενομένων τῇ πόλει κινδύνων, συγγνώμης τινὸς ἄξιοί εἰσι τυχεῖν· οὐδενὶ γὰρ οὐδὲν ἑκούσιον δυστύχημα γίγνεται·
11. But those who acted thus by design merit no indulgence, since their conduct was due not to mishap, but to policy. It is a custom accepted as just among all mankind that in face of the same crimes we should be most incensed with those men who are most able to avoid criminal action, but should be indulgent to the poor or disabled because we regard their offences as involuntary.
11. ὅσοι δὲ γνώμῃ τοῦτο ἔπραξαν, οὐδεμιᾶς συγγνώμης ἄξιοί εἰσιν· οὐ γὰρ διὰ δυστυχίαν ἀλλὰ διʼ ἐπιβουλὴν ἐποίησαν αὐτό. καθέστηκε δέ τι ἔθος δίκαιον πᾶσιν ἀνθρώποις τῶν αὐτῶν ἀδικημάτων μάλιστα ὀργίζεσθαι τοῖς μάλιστα δυναμένοις μὴ ἀδικεῖν, τοῖς δὲ πένησιν ἢ ἀδυνάτοις τῷ σώματι συγγνώμην ἔχειν διὰ τὸ ἡγεῖσθαι ἄκοντας αὐτοὺς ἁμαρτάνειν.
12. This man, therefore, deserves no indulgence; for neither was he disabled and thus unfit for hardship, as you see for yourselves, nor did he lack means for the public services, as I shall establish. If, then, he was as backward as he was able to help, how should he not hated with good reason by you all?
12. οὗτος τοίνυν οὐδεμιᾶς συγγνώμης ἄξιός ἐστι τυχεῖν· οὔτε γὰρ τῷ σώματι ἀδύνατος ἦν ταλαιπωρεῖν, ὡς καὶ ὑμεῖς ὁρᾶτε, οὔτε τῇ οὐσίᾳ ἄπορος λῃτουργεῖν, ὡς ἐγὼ ἀποδείξω. ὅστις οὖν ὅσον δυνατὸς ἦν ὠφελεῖν, τοσοῦτον κακὸς ἦν, πῶς οὐκ ἂν εἰκότως ὑπὸ πάντων ὑμῶν μισοῖτο;
13. Nor indeed will you incur the enmity of any of the citizens if you reject him; for it is by no means one party, but both, that he has manifestly betrayed, so that he can claim friendship neither with those who were in the town (for he did not think fit to stand by them in their peril), nor with those who occupied the Peiraeus, since he did not consent to return even with them; and that, too, when he was, as he asserts, a townsman!
13. ἀλλὰ μὴν οὐδʼ ἀπεχθήσεσθέ γε τῶν πολιτῶν οὐδενὶ τοῦτον ἀποδοκιμάσαντες, ⟨ὃς⟩ οὔ τι τοὺς ἑτέρους ἀλλʼ ἀμφοτέρους φανερός ἐστι προδούς, ὥστε μήτε τοῖς ἐν τῷ ἄστει γενομένοις φίλον προσήκειν εἶναι τοῦτον (οὐ γὰρ ἠξίωσεν ὡς αὐτοὺς ἐλθεῖν κινδυνεύοντας), μήτε τοῖς τὸν Πειραιᾶ καταλαβοῦσιν· οὐδὲ γὰρ τούτοις ἠθέλησε συγκατελθεῖν, καὶ ταῦτα ὥς φησι καὶ ἀστὸς γενόμενος.
14. But if there yet remains a party of the citizens that had a share in his proceedings, if ever—may Heaven forfend it!—they get the city into their hands, let him claim his seat on the Council with them. Well, that he lived at Oropus under the protection of a patron, that he possessed ample means, and yet stood to arms neither in the Peiraeus nor in the town, are my first contentions: to make sure of their truth, hear the witnesses.
14. εἰ μέντοι τι μέρος περίεστι τῶν πολιτῶν ὅ τι τῶν αὐτῶν μετέσχε τούτῳ πραγμάτων, μετʼ ἐκείνων, ἐάν ποτε (ὃ μὴ γένοιτο) λάβωσι τὴν πόλιν, βουλεύειν ἀξιούτω. ὡς οὖν ᾤκει τε ἐν Ὠρωπῷ ἐπὶ προστάτου καὶ ἐκέκτητο ἱκανὴν οὐσίαν καὶ οὔτʼ ἐν τῷ Πειραιεῖ οὔτʼ ἐν τῷ ἄστει ἔθετο τὰ ὅπλα, ἵνα εἰδῆτε ὅτι ταῦτα πρῶτον ἀληθῆ λέγω, ἀκούσατε τῶν μαρτύρων.
15. Witnesses So now it remains for him to state that owing to some infirmity that befell him he was incapacitated from assisting the party in the Peiraeus, but that he offered to spend his own resources either in contributing to the people’s funds or in arming some of his fellow-townsmen as infantry, after the example of many other citizens who were unable to give their loyal services in person.
15. Μάρτυρες ὑπολείπεται τοίνυν αὐτῷ λέγειν ὡς τῷ μὲν σώματι διʼ ἀσθένειάν τινα γενομένην ἀδύνατος κατέστη βοηθῆσαι εἰς τὸν Πειραιᾶ, ἀπὸ δὲ τῶν ὑπαρχόντων ἐπαγγειλάμενος αὐτὸς ἢ χρήματʼ εἰσενεγκεῖν εἰς τὸ πλῆθος τὸ ὑμέτερον ἢ ὁπλίσαι τινὰς τῶν ἑαυτοῦ δημοτῶν, ὥσπερ καὶ ἄλλοι πολλοὶ τῶν πολιτῶν αὐτοὶ οὐ δυνάμενοι λῃτουργεῖν τοῖς σώμασιν.
16. Now, to preclude him from deceiving you with lies, I will give you clear information at once on these points also, since I shall not be at liberty afterwards to come forward in this place and expose him. Please call Diotimus of Acharnae and those who were appointed with him to arm the townsmen as infantry from the funds then contributed.
16. ἵνα οὖν μὴ ἐγγένηται αὐτῷ ψευσαμένῳ ἐξαπατῆσαι, καὶ περὶ τούτων ἤδη σαφῶς ὑμῖν ἀποδείξω, ἐπειδὴ ὕστερον οὐκ ἐξέσται μοι παρελθόντι ἐνθάδʼ ἐλέγχειν αὐτόν. καί μοι κάλει Διότιμον τὸν Ἀχαρνέα καὶ τοὺς αἱρεθέντας μετʼ αὐτοῦ τοὺς δημότας ὁπλίσαι ἀπὸ τῶν εἰσενεχθέντων χρημάτων.
17. Testimony of Diotimus and those Appointed With Him So this man had no intention of aiding the city in such a moment, in such a position of her affairs; his purpose was to make a profit out of your disasters. For he set out from Oropus, going sometimes alone and sometimes at the head of others who took your misfortunes as so much good fortune, and so traversed the countryside:
17. Μαρτυρία τῶν Αἱρεθέντων μετὰ Διοτίμου οὗτος τοίνυν οὐχ ὅπως ὠφελήσει τὴν πόλιν ἐν τοιούτῳ καιρῷ καὶ τοιαύτῃ καταστάσει διενοήθη, ἀλλʼ ὅπως τι κερδανεῖ ἀπὸ τῶν ὑμετέρων συμφορῶν παρεσκευάσατο· ὁρμώμενος γὰρ ἐξ Ὠρωποῦ, τοτὲ μὲν αὐτὸς μόνος, τοτὲ δʼ ἑτέροις ἡγούμενος οἷς τὰ ὑμέτερα δυστυχήματα εὐτυχήματα ἐγεγόνει, περιιὼν κατὰ τοὺς ἀγροὺς καὶ ἐντυγχάνων τῶν πολιτῶν τοῖς πρεσβυτάτοις, οἳ κατέμειναν ἐν τοῖς δήμοις ὀλίγα μὲν τῶν ἐπιτηδείων ἔχοντες, ἀναγκαῖα δέ, εὖνοι μὲν ὄντες τῷ πλήθει, ἀδύνατοι δὲ ὑπὸ τῆς ἡλικίας βοηθεῖν, τούτους ἀφῃρεῖτο τὰ ὑπάρχοντα, περὶ πλείονος ποιούμενος αὐτὸς μικρὰ κερδαίνειν ἢ ἐκείνους μηδὲν ἀδικεῖν·
18. where he met with the most elderly citizens who had stayed behind in their townships with scanty supplies that barely sufficed them,—men who were attached to the democracy, but unable owing to their age to give it their support,—he stripped them of their resources, thinking it more important to make his own petty gains than to spare them injury. It is not possible for all these to prosecute him today, from the very same cause that disabled them from supporting the city: yet this man ought not to benefit twice from their disability, and be helped thereby to pass your present scrutiny as he was before to rob them of what they had. Nay, if but a single one of those whom he has wronged appears in court, make much of it, and utterly detest this man, who could bring himself to strip of their resources those on whom other men, out of pity for their straits, freely bestowed something from their own. Pray call the witnesses.
18. οἳ νῦν αὐτὸν διʼ αὐτὸ τοῦτο οὐχ οἷοί τέ εἰσιν ἐπεξελθεῖν ἅπαντες, διʼ ὅπερ καὶ τότε ἀδύνατοι τῇ πόλει βοηθεῖν ἦσαν. οὐ μέντοι τοῦτόν γε χρὴ διὰ τὴν ἐκείνων ἀδυναμίαν δὶς ὠφεληθῆναι, τότε τʼ ἀφελόμενον ἃ εἶχον, νῦν τε δοκιμασθέντα ὑφʼ ὑμῶν· ἀλλὰ κἂν ὁστισοῦν παραγένηται τῶν ἀδικηθέντων, μέγα αὐτὸ ἡγήσασθε εἶναι, καὶ τοῦτον ὑπερμισήσατε, ὅστις ἐτόλμησεν, οἷς ἕτεροι διδόναι παρʼ ἑαυτῶν τι προῃροῦντο διὰ τὴν ἀπορίαν οἰκτίραντες αὐτούς, τούτων ἀφαιρεῖσθαι τὰ ὑπάρχοντα. κάλει μοι τοὺς μάρτυρας.
20. Witnesses Well now, I do not see how your judgement of him should differ from that of his own people; for the facts are of such a nature that, even if he had committed no other offence, they would alone justify his rejection. The strange things of which his mother accused him while she was alive I will pass over; but on the evidence of the measures that she took at the close of her life you can easily judge how he treated her.
20. Μάρτυρες οὐ τοίνυν ἔγωγε οἶδα ὅ τι ὑμᾶς διαφερόντως δεῖ γιγνώσκειν περὶ αὐτοῦ ἢ οἱ οἰκεῖοι γιγνώσκουσι· τοιαῦτα γάρ ἐστιν, ὥστʼ εἰ καὶ μηδὲν αὐτῷ ἄλλο ἡμάρτητο, διὰ μόνα ταῦτα δίκαιον εἶναι ἀποδοκιμασθῆναι. οἷα μὲν οὖν ζῶσα ἡ μήτηρ αὐτοῦ κατηγόρει, παρήσω· ἐξ ὧν δὲ τελευτῶσα τὸν βίον διεπράξατο τεκμαιρομένοις ῥᾴδιόν ἐστιν ὑμῖν γνῶναι ὁποῖός τις ἦν περὶ αὐτήν.
21. She demurred to committing herself to his care after her death, but as she had confidence in Antiphanes, who was no connection of hers, she gave him three minae of silver for her burial, ignoring this man, who was her own son. Obviously, of course, she was convinced that he would not perform the last duties even on the ground of his relationship.
21. ἐκείνη γὰρ τούτῳ μὲν ἠπίστησεν ἀποθανοῦσαν ἑαυτὴν ἐπιτρέψαι, Ἀντιφάνει δὲ οὐδὲν προσήκουσα πιστεύσασα ἔδωκεν εἰς τὴν ἑαυτῆς ταφὴν τρεῖς μνᾶς ἀργυρίου, παραλιποῦσα τοῦτον ὑὸν ὄντα ἑαυτῆς. ἆρα δῆλον ὅτι εὖ ᾔδει αὐτὸν οὐδὲ διὰ τὸ προσήκειν αὐτῇ τὰ δέοντα ἂν ποιήσαντα;
22. Now I ask you, if a mother,—who is naturally most willing to tolerate even an injury at the hands of her own children, and who counts little benefits as great gains because she assesses their behavior by affection rather than logic,—believed that this man would seek his profit from her even in death, what should be your feeling about him?
22. καίτοι εἰ μήτηρ, ἣ πέφυκε καὶ ἀδικουμένη ὑπὸ τῶν ἑαυτῆς παίδων μάλιστα ἀνέχεσθαι καὶ μίκρʼ ὠφελουμένη μεγάλα ἔχειν ἡγεῖσθαι διὰ τὸ εὐνοίᾳ μᾶλλον ἢ ἐλέγχῳ τὰ γιγνόμενα δοκιμάζειν, ἐνόμιζε τοῦτον κἂν ἀπὸ τεθνεώσης φέρειν ἑαυτῆς, τί χρὴ ὑμᾶς περὶ αὐτοῦ διανοηθῆναι;
23. For when a man commits such offences in regard to his own relations, what would he do in regard to strangers? To prove that these also are true facts, hear the statement of the actual person who received the money and buried her.
23. ὅστις γὰρ περὶ τοὺς ἑαυτοῦ ἀναγκαίους τοιαῦτα ἁμαρτάνει ἁμαρτήματα, τί ἂν περί γε τοὺς ἀλλοτρίους ποιήσειεν; ὡς οὖν καὶ ταῦτʼ ἀληθῆ ἐστιν, ἀκούσατε αὐτοῦ τοῦ λαβόντος τὸ ἀργύριον καὶ θάψαντος αὐτήν.
24. Testimony What inducement, then, could you have for approving this man? Because he has committed no offence? But he is guilty of the gravest crimes against his country. Or do you think he will reform? Then, I say, let him reform first in his bearing towards the city, and claim a seat on the Council later, when he has done her a service as signal as the wrong that he did her before. The saner course is to recompense everyone for his services after they have been performed; for I consider it monstrous that for the offences which he has already committed he is never to pay the penalty, but for the benefits which he intends to confer he is to be already possessed of honor.
24. Μαρτυρία τί ⟨ἂν⟩ οὖν βουληθέντες ὑμεῖς τοῦτον δοκιμάσαιτε; πότερον ὡς οὐχ ἡμαρτηκότα; ἀλλὰ τὰ μέγιστα περὶ τὴν πατρίδα ἠδίκηκεν· ἀλλʼ ὡς ἔσται βελτίων; τοιγάρτοι πρότερον βελτίων γενόμενος περὶ τὴν πόλιν ὕστερον βουλεύειν ἀξιούτω, φανερόν τι ἀγαθὸν ὥσπερ τότε κακὸν ποιήσας. σωφρονέστερον γάρ ἐστιν ὕστερον πᾶσι τῶν ἔργων τὰς χάριτας ἀποδιδόναι· δεινὸν γὰρ ἔμοιγε δοκεῖ εἶναι, εἰ ἐξ ὧν μὲν ἤδη ἡμάρτηκε μηδέποτε τιμωρηθήσεται, ἐξ ὧν δὲ μέλλει εὖ ποιήσειν ἤδη τετιμήσεται.
25. Or is it to make the citizens better when they see all men honored alike,—is this why he is to be approved? But the danger is that good men, when they observe that they and the bad are honored alike, will desist from their good behavior, expecting that the same persons who honor the wicked may well be forgetful of the virtuous.
25. ἀλλʼ ἄρα ἵνα βελτίους ὦσιν οἱ πολῖται ὁρῶντες ἅπαντας ὁμοίως τιμωμένους, διὰ τοῦτο δοκιμαστέος ἐστίν; ἀλλὰ κίνδυνος καὶ τοὺς χρηστούς ἐὰν αἰσθάνωνται ὁμοίως τοῖς πονηροῖς τιμώμενοι, παύσεσθαι τῶν χρηστῶν ἐπιτηδευμάτων, τῶν αὐτῶν ἡγουμένους εἶναι τούς τε κακοὺς τιμᾶν καὶ τῶν ἀγαθῶν ἀμνημονεῖν· ἄξιον δὲ καὶ τόδε ἐνθυμηθῆναι, ὅτι εἰ μέν τις φρούριόν τι προὔδωκεν ἢ ναῦν ἢ στρατόπεδόν τι, ἐν ᾧ μέρος τι ἐτύγχανε τῶν πολιτῶν ὄν, ταῖς ἐσχάταις ἂν ζημίαις ἐζημιοῦτο, οὗτος δὲ προδοὺς ὅλην τὴν πόλιν οὐχ ὅπως ⟨μὴ⟩ τιμωρηθήσεται ⟨ἀλλὰ καὶ ὅπως τιμήσεται⟩ παρασκευάζεται.
26. And this further point is worthy of your attention,—that whereas anyone who had betrayed a fort or a ship or an army which happened to have in it some part of our people, would be visited with the extreme penalty, this man, who has betrayed the whole city, is planning not merely to escape requital but even to obtain honor! But surely anyone who has betrayed liberty in the flagrant manner of this man deserves to be faced with a judgement awarding him, not a seat on the Council, but slavery and the heaviest punishment. He argues, so I am told, that, if it was a crime to absent himself at that crisis, we should have had a law expressly dealing with it, as in the case of all other crimes. He does not expect you to perceive that the gravity of the crime was the reason why no law was proposed to deal with it. For what orator would ever have conceived, or lawgiver have anticipated, that any of the citizens would be guilty of so grave an offence?
26. καίτοι δικαίως γʼ ἄν, ὅστις φανερῶς ὥσπερ οὗτος προὔδωκε τὴν ἐλευθερίαν, οὐ περὶ τοῦ βουλεύειν ἀλλὰ περὶ τοῦ δουλεύειν καὶ τῆς μεγίστης τιμωρίας ἀγωνίζοιτο. ἀκούω δʼ αὐτὸν λέγειν ὡς, εἴ τι ἦν ἀδίκημα τὸ μὴ παραγενέσθαι ἐν ἐκείνῳ τῷ καιρῷ, νόμος ἂν ἔκειτο περὶ αὐτοῦ διαρρήδην, ὥσπερ καὶ περὶ τῶν ἄλλων ἀδικημάτων. οὐ γὰρ οἴεται ὑμᾶς γνώσεσθαι ὅτι διὰ τὸ μέγεθος τοῦ ἀδικήματος οὐδεὶς περὶ αὐτοῦ ἐγράφη νόμος. τίς γὰρ ἄν ποτε ῥήτωρ ἐνεθυμήθη ἢ νομοθέτης ἤλπισεν ἁμαρτήσεσθαί τινα τῶν πολιτῶν τοσαύτην ἁμαρτίαν;
28. So, I suppose, if one should desert one’s post when the city itself was not in danger, but was rather endangering another people, a law would have been made condemning that as a grievous crime; but if one deserted the city itself when the city itself was in danger, we should have had no law against this! Certainly we should, if there had been a thought that any of the citizens would ever commit such a crime.
28. οὐ γὰρ ἂν δήπου, εἰ μέν τις λίποι τὴν τάξιν μὴ αὐτῆς τῆς πόλεως ἐν κινδύνῳ οὔσης ἀλλʼ ἑτέρους εἰς τοῦτο καθιστάσης, ἐτέθη νόμος ὡς μεγάλα ἀδικοῦντος, εἰ δέ τις αὐτῆς τῆς πόλεως ἐν κινδύνῳ οὔσης λίποι τὴν πόλιν αὐτήν, οὐκ ἂν ἄρα ἐτέθη. σφόδρα γʼ ἄν, εἴ τις ᾠήθη τινὰ τῶν πολιτῶν ἁμαρτήσεσθαί τι τοιοῦτόν ποτε.
29. Not a man but would have reason to rebuke you, gentlemen, if, after honoring in a manner worthy of the city our resident aliens for having supported the democracy beyond the requirements of their duty, you are not going to inflict on this man, for having betrayed the city in violation of his duty, if not some heavier punishment of another kind, at least the dishonor which you hold over him today.
29. τίς δʼ οὐκ ἂν εἰκότως ἐπιτιμήσειεν ὑμῖν, εἰ τοὺς μετοίκους μέν, ὅτι οὐ κατὰ τὸ προσῆκον ἑαυτοῖς ἐβοήθησαν τῷ δήμῳ, ἐτιμήσατε ἀξίως τῆς πόλεως, τοῦτον δέ, ὅτι παρὰ τὸ προσῆκον ἑαυτῷ προὔδωκε τὴν πόλιν, μὴ κολάσετε, εἰ μή γε ἄλλῳ τινὶ μείζονι, τῇ γε παρούσῃ ἀτιμίᾳ;
30. Recall to your minds what reason you can have for honoring those who have proved themselves good servants of the State and for dishonoring those who serve her ill. In either case the distinction has been made not so much for the sake of those who have come into the world, as of those who are yet to come, in order that they may strive to become worthy by studious effort, and in no single direction may attempt to be base.
30. ἀναμνήσθητε δὲ διʼ ὅ τι ποτὲ τοὺς ἀγαθοὺς ἄνδρας γενομένους περὶ τὴν πόλιν τιμᾶτε καὶ τοὺς κακοὺς ἀτιμάζετε. ἐδείχθη γὰρ ἀμφότερα ταῦτα οὐ τῶν γεγενημένων μᾶλλόν τι ἕνεκα ἢ τῶν γενησομένων, ἵνʼ ἀγαθοὶ προθυμῶνται γίγνεσθαι ἐκ παρασκευῆς, κακοὶ δὲ μηδὲ ἐξ ἑνὸς τρόπου ἐπιχειρῶσιν.
31. Reflect, moreover, on this: what kind of oaths do you think he would regard, when by his act he has betrayed his ancestral gods? Or how could he give good counsel on our State affairs, when he did not even desire to liberate his country? Or what secrets would he keep, when he did not even choose to obey public orders? How can it be suitable that this man, who was not even the last to come at the call of danger, should be placed in front of those who achieved our success to receive this honor today? It would be deplorable if he, who accounted the whole body of our citizens as nothing, should not in his single person be disqualified by you.
31. ἔτι δὲ ἐνθυμήθητε· ποίων ἂν ὑμῖν δοκεῖ οὗτος ὅρκων φροντίσαι, ὃς ἔργω τοὺς πατρίους θεοὺς προὔδωκεν; ἢ πῶς ἂν χρηστόν τι βουλεῦσαι περὶ τῆς πολιτείας, ὅς οὐδὲ ἐλευθερῶσαι τὴν πατρίδα ἐβουλήθη; ἢ ποῖα ἂν ἀπόρρητα τηρῆσαι, ὃς οὐδὲ τὰ προειρημένα ποιῆσαι ἠξίωσε; πῶς δʼ εἰκός ἐστι τοῦτον, ὃς οὐδὲ τελευταῖος ἐπὶ τοὺς κινδύνους ἦλθε, πρότερον τῶν κατεργασαμένων καὶ οὕτω νῦν τιμηθῆναι; σχέτλιον δʼ ἂν εἴη, εἰ οὗτος μὲν ἅπαντας τοὺς πολίτας περὶ οὐδενὸς ἡγήσατο, ὑμεῖς δὲ τοῦτον ἕνα ὄντα μὴ ἀποδοκιμάσαιτε.
32. I see certain persons who are preparing today to support him and to plead with you, since they were not able to seduce me; but in those days of your dangers and sorest struggles, when the constitution itself was at stake and you had to contend not merely for seats on the Council but for freedom itself, they did not plead with him then to support both you and the commonwealth, and to betray neither his country nor the Council, to which he now demands admission without any right, since our success was achieved by others.
32. ὁρῶ δέ τινας οἳ νῦν μὲν τούτῳ παρασκευάζονται βοηθεῖν καὶ δεῖσθαι ὑμῶν, ἐπειδὴ ἐμὲ οὐκ ἐδύναντο πεῖσαι· τότε δέ, ὅτε οἱ κίνδυνοι μὲν ὑμῖν καὶ οἱ μέγιστοι ἀγῶνες ἦσαν, τὰ δὲ ἆθλα αὐτὴ ἡ πολιτεία ἔκειτο, καὶ ἔδει οὐ μόνον περὶ τοῦ βουλεύειν ἀλλὰ καὶ περὶ τῆς ἐλευθερίας ἀγωνίζεσθαι, τότε οὐκ ἐδέοντο αὐτοῦ βοηθῆσαι καὶ ὑμῖν καὶ κοινῇ τῇ πόλει, καὶ μὴ προδοῦναι μήτε τὴν πατρίδα μήτε τὴν βουλήν, ἧς νῦν ἀξιοῖ τυχεῖν οὐ μετὸν αὐτῷ, ἄλλων γε κατεργασαμένων.
33. He alone, gentlemen of the Council, will have no fair cause for complaint if he is not admitted: for it is not you who are debarring him from honor today; it is he who deprived himself of it, at the time when he declined to come, with a zeal such as brings him now for the drawing of the lots, to take his stand with you then as a champion of the Council.
33. μόνος δή, ὦ βουλή, δικαίως οὐδʼ ἂν ἀγανακτοίη μὴ τυχών· οὐ γὰρ ὑμεῖς νῦν αὐτὸν ἀτιμάζετε, ἀλλʼ αὐτὸς αὑτὸν τότε ἀπεστέρησεν, ὅτε οὐκ ἠξίωσεν, ὥσπερ νῦν προθύμως κληρωσόμενος ἦλθε, καὶ τότε διαμαχούμενος περὶ αὐτῆς καταστῆναι μεθʼ ὑμῶν.
34. I believe that what I have said is sufficient; and yet there are many things that I have omitted. But I am confident that even without these you will make for yourselves the decision that is best for the city. To judge of those who are worthy to sit on the Council you need no other test than yourselves and the civic character which enabled you to pass your own scrutiny. For this man’s conduct sets up a standard that is novel and foreign to all democracy.
34. ἱκανά μοι νομίζω εἰρῆσθαι, καίτοι πολλά γε παραλιπών· ἀλλὰ πιστεύω ὑμᾶς καὶ ἄνευ τούτων αὐτοὺς τὰ συμφέροντα τῇ πόλει γνώσεσθαι. οὐ γὰρ ἄλλοις τισὶν ὑμᾶς δεῖ περὶ τῶν ἀξίων ὄντων βουλεύειν τεκμηρίοις χρῆσθαι ἢ ὑμῖν αὐτοῖς, ὁποῖοί τινες ὄντες αὐτοὶ περὶ τὴν πόλιν ἐδοκιμάσθητε. ἔστι γὰρ τὰ τούτου ἐπιτηδεύματα καινὰ παραδείγματα καὶ πάσης δημοκρατίας ἀλλότρια.