by Demosthenes
Though much has been said, and all of it well said, I shall not scruple to put my own views before you, because the present suit seems to me quite different from all others. Just consider. To all our courts the juries come to learn from plaintiff and defendant the facts upon which they are to give their votes, and each litigant comes to prove that the legal right is strong on his side. [4] But how stands it with the present trial? You who are to give the verdict have come here knowing better than we, the accusers, that this man, since he is a state-debtor and registered as such in the Acropolis, has no right to speak at all; so that each of you is in the position of an accuser, knowing the facts and not needing to be told them. [5] But the defendant is here with nothing whatever to support his acquittal, with no sound plea based on the facts, with no past record of a decent life, with not a single point in his favour. He imagines that he may be saved by what would have frightened anyone else, though innocent; for he bases the hope of his acquittal on the enormity of his wickedness. [6]
This being so, it seems to me that one would not be wrong in saying that, while Aristogeiton is on his trial, it is your character that is being tested, your reputation that is at stake. For if you make it quite clear that you are angry at such patent and gross offences and are determined to punish them, then it will be seen that you have come here to play your true part as judges and guardians of the law. [7] But if some other motive prevails, some motive which none would care to confess, but which your votes will betray, then I am afraid that to some you will appear to be playing the part of trainers of any citizen who has a taste for wickedness. For every bad man is in himself weak; he only becomes strong by your countenance and support. Whoever wins that support finds in it his advantage and his strength; to you who give that support, it is a source of shame. [8]
But before I speak of the private affairs of the defendant, men of Athens, I should like you seriously but briefly to calculate how much shame and discredit is brought upon our city by these monsters, of whom the defendant is at once the midmost, the first, and the last. [9] To mention only one matter; they mount the platform in the Assembly, where you look to your orators to explain their policy, not to flaunt their wickedness; they come equipped with a hardened front, a raucous voice, false charges, intimidation, shamelessness, and all such gifts as these, than which one could name no qualities more hostile to the spirit of debate nor, I think — so Heaven help me! — more discreditable. By these vile tricks they gain supremacy over all that is respectable in the State, over the laws, the committees, the course of public business, and the maintenance of order. [10] Now if that is what you want, if their practice accords with your ideas, we must just let them go their own way; but if you think that even at the eleventh hour you ought to put all this right, and reform what has been allowed to go too far, and has been disgracefully misdirected by these men, you must today avert your eyes from all such practices and give a righteous verdict. [11] You must magnify the Goddess of Order who loves what is right and preserves every city and every land; and before you cast your votes, each juryman must reflect that he is being watched by hallowed and inexorable Justice, who, as Orpheus, that prophet of our most sacred mysteries, tells us, sits beside the throne of Zeus and oversees all the works of men. Each must keep watch and ward lest he shame that goddess, from whom everyone that is chosen by lot derives his name of juror, because he has this day received a sacred trust from the laws, from the constitution, from the fatherland, — the duty of guarding all that is fair and right and beneficial in our city. [12] For if you do not cherish that temper, if you come here and take seats with your usual easy good nature, I am afraid that the case may be reversed, and that we who seem to accuse Aristogeiton may be found to be accusing you; for the more convincingly we prove his guilt without arousing your interest, the greater will be your shame. But enough of that subject! [13]
Men of Athens, I shall certainly tell you the truth with the utmost frankness. When I saw you in the Assembly indicating and proposing me as the accuser of Aristogeiton, I was troubled, and I call Heaven to witness that I did not relish the task. For I was not unaware that he who plays such a part in your courts suffers for it in the end, not perhaps so as to feel it at once, but if he undertakes many such tasks and perseveres in them, his character will soon be recognized. I thought it, however, my duty to accede to your wishes. [14]
Now as regards the laying of the injunction and the legal points, I considered that Lycurgus would deal adequately with them; and I also saw that he was producing witnesses to the wickedness of the defendant. But I resolved to devote my speech to those points which ought always to be considered and examined by those who are deliberating in the interests of the State and of the laws; and I will now proceed to deal with those points. But do you, men of Athens, in Heaven’s name grant me the privilege of addressing you on these topics in the way that suits my natural bent and the scheme of my speech, for indeed I could not speak in any other way. [15]
The whole life of men, Athenians, whether they dwell in a large state or a small one, is governed by nature and by the laws. Of these, nature is something irregular and incalculable, and peculiar to each individual; but the laws are something universal, definite, and the same for all. Now nature, if it be evil, often chooses wrong, and that is why you will find men of an evil nature committing errors. [16] But the laws desire what is just and honorable and salutary; they seek for it, and when they find it, they set it forth as a general commandment, equal and identical for all. The law is that which all men ought to obey for many reasons, but above all because every law is an invention and gift of the gods, a tenet of wise men, a corrective of errors voluntary and involuntary, and a general covenant of the whole State, in accordance with which all men in that State ought to regulate their lives. [17] But that Aristogeiton has been convicted on all the heads of the information, and that he has not a single counter-argument worth considering, can be easily proved. For there are two objects, men of Athens, for which all laws are framed — to deter any man from doing what is wrong, and, by punishing the transgressor, to make the rest better men; and it will be shown that both these objects will be secured by the punishment of the defendant. For by his original transgressions he has incurred the due penalties, and for his refusal to acquiesce in them he is now brought into court to receive your punishment; so that no one has any excuse left for acquitting him. [18]
Nor is it possible to say, “After all, these things do no harm to the State.” I will not dwell on the fact that all the fines due to the State are lost, if you admit his sophistries, or that if we must forgive any of our debtors, it ought to be the most decent and respectable and those who have been fined on the least serious charges, not the greatest villain of all, who has committed most offences and incurred the most deserved fines on the most serious charges. [19] For what could be more serious than chicanery and breach of the constitution, for both of which the defendant has been condemned? Nor will I urge that even if you let off all other offenders, it is surely wrong to give way to one who resorts to force, for that is surely an outrage. I waive such considerations as these; but I do think that I can clearly prove to you that the defendant’s example confounds and destroys all order in law and in government. [20]
I shall say nothing novel or extravagant or peculiar, but only what you all know to be true as well as I do. For if any of you cares to inquire what is the motive-power that calls together the Council, draws the people into the Assembly, fills the law-courts, makes the old officials resign readily to the new, and enables the whole life of the State to be carried on and preserved, he will find that it is the laws and the obedience that all men yield to the laws; since, if once they were done away with and every man were given licence to do as he liked, not only does the constitution vanish, but our life would not differ from that of the beasts of the field. [21] You see what the defendant is, when the laws are in force: what do you think he would do, if the laws were done away with? Since then it is admitted that, ne
xt after the gods, the laws preserve the State, it is the duty of all of you to act just as if you were sitting here making up a contribution to your club. If a man obeys the laws, respect and commend him for paying his contribution in full to the welfare of his fatherland; if he disobeys them, punish him. [22] For everything done at the bidding of the laws is a contribution made to the State and the community. Whoever leaves it unpaid, men of Athens, is depriving you of many great, honorable, and glorious benefits, which he is destroying to the best of his ability. [23] One or two of these benefits I will name for the sake of example, choosing the best known.
The Council of the Five Hundred, thanks to this barrier, frail as it is, is master of its own secrets, and no private citizen can enter it. The Council of the Areopagus, when it sits roped off in the King’s Portico, enjoys complete freedom from disturbance, and all men hold aloof. [24] All the magistrates who are chosen from you by lot, as soon as the attendant cries “Strangers must withdraw,” control the laws which they were appointed to administer and cannot be disturbed by the most unruly. There are thousands of other benefits. All the noble and reverend qualities that adorn and preserve our city, — sobriety, orderliness, the respect of your younger men for parents and elders — hold their own, backed by the laws, against the base qualities of indecency, audacity, and shamelessness. For vice is vigorous, daring, and grasping; on the other hand probity is peaceful, retiring, inactive, and terribly liable to come off second-best. Therefore those of you who sit upon juries ought to protect and strengthen the laws, for with the help of the laws the good overcome the bad. [25] If not, all is dissolved, broken up, confounded, and the city becomes the prey of the most profligate and shameless. For tell me this, in Heaven’s name; if everyone in the city copied the audacity and shamelessness of Aristogeiton and argued in the same way as he, that in a democracy a man has an unlimited right to say and do whatever he likes, as long as he does not care what reputation such conduct will bring him, and that no one will put him to death at once for any of his misdoings; [26] if, acting on this principle, the citizen rejected at the ballot or at the election should put himself on an equality with the chosen citizen; if, in a word, neither young nor old should do his duty, but each man, banishing all discipline from life, should regard his own wish as law, as authority, as all in all — if, I say, we should act like this, could the government continue to be carried on? What? Would the laws be any longer valid? What violence, insolence and lawlessness there would be throughout the city every day! What scurrility instead of our present decency of language and behavior! [27] Why need one repeat that order is everywhere maintained by the laws and by obedience to the laws? You yourselves have the sole right of judging our case, though every Athenian was in the ballot and all, I am sure, wanted to be allotted to this court. Why is this? Because by lot you were chosen and then assigned to this case. Those are the instructions of the law. And then will you, who owe your presence here to the laws, allow a man, who flouts the laws by word and deed, to escape from your grasp? Will none of you show anger or bitterness at this shameless ruffian’s defiance of the laws? [28]
Vilest of all living men! Shut out from your right of speech, not by barriers or doors which any man might break open, but by so many heavy penalties, which are registered in the temple of the Goddess, you are trying to force your way in and to approach those precincts from which the laws exclude you. Debarred by every right that holds good in Athens, by the decisions of three tribunals, by the registers of the archons and of the collectors of taxes, by the indictment for wrongful entry in which you yourself are the plaintiff, curbed, I might almost say, by chains of steel, you wriggle and force your way through all and imagine that by weaving excuses and trumping up false charges you can overturn all the principles of justice. [29]
I will, however, by a clear and forcible example show the jury that they ought not to overlook such conduct; no, not in a single particular. Imagine for a moment that someone proposed that speakers in the Assembly should be confined to the youngest citizens, or to the richest, or to those who had performed a public service, or to some similar category. I am sure you would have him put to death for trying to overthrow the democracy. And indeed you would be justified. [30] Yet any one of these proposals is less dangerous than if it were proposed that speakers should belong to one of the classes to which the defendant belongs — law-breakers, jail-birds, sons of criminals put to death by the people, citizens disqualified after obtaining office by lot, public debtors, men totally disfranchised, or men who by repute and in fact are utter rascals. All these descriptions fit the defendant and apply to those who resemble him in disposition. I think, men of Athens, that he deserves death both for what he is doing now and much more, or at least no less, for what he obviously will do, if he gets the power and opportunity from you; which Heaven forfend! [31] It is also strange if anyone of you is ignorant that for nothing that is honorable or useful or worthy of our city is he of any use. May Zeus and all the gods grant that Athens may never be so short of real men that any honorable task should have to be performed by an Aristogeiton! We ought to pray Heaven that the occasion may never arise for which such a monster could be found useful. But should it possibly arise, it would be a greater blessing for the city that those who wish for its fall should lack the instrument of their designs than that this fellow should be released and ready to their hand. [32] For what fatal or dangerous act will he shrink from, men of Athens, — this polluted wretch, infected with hereditary hatred of democracy? What other man would sooner overthrow the State, if only — which Heaven forbid! — he should gain the power? Do you not see that his character and his policy are not guided by reason or by self-respect, but by recklessness? Or rather, his policy is sheer recklessness. Now that is the very worst quality for its possessor, terribly dangerous for everyone else, and for the State intolerable. For the reckless man has lost all control of himself, all hope of rational safety, and can only be saved, if at all, by some unexpected and incalculable accident. [33] Who, then, that is wise would bind up his own or his country’s interests with this failing? Who would not shun it as far as possible, and keep its possessor at arm’s length, that he may not be involved in it even against his will? Patriotic statesmen, Athenians, ought to seek out some adviser who will contribute, not recklessness, but intelligence, sound judgement, and ample forethought; for these qualities conduct all men to happiness; the other leads to that goal for which Aristogeiton is bound. [34]
In considering this question, look not at my speech, but at the general character of mankind. All our cities contain shrines and temples of all the gods, and among them is one of Athena, Our Lady of Forethought, worshipped as a beneficent and powerful goddess, and close to the temple of Apollo at Delphi, immediately as you enter the precincts, she has a large and beautiful temple. Apollo, a god and prophet both, knows what is best. But there is no temple of Recklessness or of Shamelessness. [35] Of Justice too and Order and Modesty all men have shrines, some, the fairest and holiest, in the very heart and soul of each man, and others built for the common worship of all. But none is raised to Shamelessness or Chicanery or Perjury or Ingratitude — all qualities of the defendant. [36]
Now I know that he will avoid the straight and honest path of defence, and will take a devious course, abusing, slandering, and threatening to prosecute, arrest, imprison, and the like. But he will find all this futile, if you duly attend to the case; for which of these tricks has not been exposed over and over again? [37] To pass over other occasions, seven times, Aristogeiton, have you indicted me, when you had taken the pay of Philip’s agents, and twice you accused me at my audit. As a mere mortal I pay my respects to Nemesis, and I am deeply grateful both to the gods and to all the citizens of Athens for their protection. But as for you, it was never once found that you had spoken the truth; you were always convicted of chicanery. If, then, these gentlemen make the laws invalid by acquitting you today, will you convict me now? On what charge? [38] I ask the jury to reflect. For
two years he has been asserting his claim to address you, though it is illegal for him to do so; but he speaks all the same. All that time he saw the State injured by the wretched Phocides, by the coppersmith from Peiraeus, by the tanner, and by all the others whom he has accused in your courts; but had he no eyes for me, the orator with whom he was at open war, or for Lycurgus, or for the other orators about whom he will have so much to say presently? Yet either way he deserves death; in the one case, if he had a charge against us that he could prove, but passed it over to assail private citizens, or on the other hand, if he has no charge against us, but wants to deceive and hoodwink you by his statements. [39] If there really is in our city a man whose disposition prompts him diligently to search for someone ready to accuse and blackmail others, but who does not trouble himself about the justice or injustice of the charges, he could not find an agent less fitted for his purpose than the defendant. And why? Because one who is prepared to accuse others and bring them all to trial, ought to be himself unimpeachable, so that his victims may not escape through his own wickedness. But no one in the city has a record of more numerous and more serious crimes than the defendant. [40]
Now what is the defendant? “He is the watch dog of the democracy,” cry his friends. Yes, but what sort of dog? One that never snaps at those whom he accuses of being wolves, but himself devours the sheep he pretends to guard. To which of the orators has he done so much harm as to the private citizens against whom he has been convicted of moving unlawful decrees? What statesman has he brought to trial, since he again took to public speaking? Not a single one-but plenty of private citizens. But they say that dogs who taste mutton ought to be cut to bits; so the sooner he is cut up the better. [41]