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Delphi Complete Works of Demosthenes

Page 418

by Demosthenes


  [218] So it is impossible that your decision should be concealed or hushed up, or that the question should not be asked, How did you judge the case when it was brought before you? No; if you punish him, you will be thought men of discretion and honor and haters of iniquity; but if you acquit him, you will seem to have capitulated to some other motive.] For this is not a political issue, nor does it resemble the case of Aristophon, who stopped the plaint against him by restoring the crowns. This case arises from the insolence of Meidias and from the impossibility of his undoing any of his acts. [Is it then better, in view of the past, to punish him now or the next time he offends? Now is the time, I think, because the trial is a public one, even as the offences for which he is being tried were public.]

  [219] ἔτι δ᾽ οὐκ ἔμ᾽ ἔτυπτεν, ἄνδρες Ἀθηναῖοι, μόνον οὗτος οὐδ᾽ ὕβριζε τῇ διανοίᾳ τότε ποιῶν οἷ᾽ ἐποίει, ἀλλὰ πάντας ὅσους περ ἂν οἴηταί τις ἧττον ἐμοῦ δύνασθαι δίκην ὑπὲρ αὑτῶν λαβεῖν. εἰ δὲ μὴ πάντες ἐπαίεσθε μηδὲ πάντες ἐπηρεάζεσθε χορηγοῦντες, ἴστε δήπου τοῦθ᾽ ὅτι οὐδ᾽ ἐχορηγεῖθ᾽ ἅμα πάντες, οὐδὲ δύναιτ᾽ ἄν ποθ᾽ ὑμᾶς οὐδεὶς ἅπαντας μιᾷ χειρὶ προπηλακίσαι.

  [219] Furthermore, it was not I alone, men of Athens, that he then, in his intention, struck and insulted, when he acted as he did, but all who may be supposed less able than I am to obtain satisfaction for themselves. If you were not all beaten, if you were not all insulted while acting as choir-masters, you realize of course that you cannot all be choir-masters at the same time, and that no one could possibly assault all of you at once with a single fist.

  [220] ἀλλ᾽ ὅταν εἷς ὁ παθὼν μὴ λάβῃ δίκην, τόθ᾽ ἕκαστον αὐτὸν χρὴ προσδοκᾶν τὸν πρῶτον μετὰ ταῦτ᾽ ἀδικησόμενον γενήσεσθαι, καὶ μὴ παρορᾶν τὰ τοιαῦτα, μηδ᾽ ἐφ᾽ ἑαυτὸν ἐλθεῖν περιμένειν, ἀλλ᾽ ὡς ἐκ πλείστου φυλάττεσθαι. μισεῖ Μειδίας ἴσως ἐμέ, ὑμῶν δέ γ᾽ ἕκαστον ἄλλος τις. ἆρ᾽ οὖν συγχωρήσαιτ᾽ ἂν τοῦτον, ὅστις ἐστὶν ἕκαστος ὁ μισῶν, κύριον γενέσθαι τοῦ ταῦθ᾽ ἅπερ οὗτος ἐμὲ ὑμῶν ἕκαστον ποιῆσαι; ἐγὼ μὲν οὐκ οἶμαι. μὴ τοίνυν μηδ᾽ ἔμ᾽, ὦ ἄνδρες Ἀθηναῖοι, προῆσθε τούτῳ.

  [220] But whenever a solitary victim fails to obtain redress, then each one of you must expect to be the next victim himself, and must not be indifferent to such incidents nor wait for them to come his way, but must rather guard against them as long beforehand as possible. I perhaps am hated by Meidias, and each of you by someone else. Would you, then, allow that enemy, whoever he is, to gain the power of doing to each of you what this man has done to me? I should think not indeed. Then neither must you leave me, Athenians, in this man’s power.

  [221] ὁρᾶτε δέ: αὐτίκα δὴ μάλα, ἐπειδὰν ἀναστῇ τὸ δικαστήριον, εἷς ἕκαστος ὑμῶν, ὁ μὲν θᾶττον ἴσως, ὁ δὲ σχολαίτερον, οἴκαδ᾽ ἄπεισιν οὐδὲν φροντίζων οὐδὲ μεταστρεφόμενος οὐδὲ φοβούμενος, οὔτ᾽ εἰ φίλος οὔτ᾽ εἰ μὴ φίλος αὑτῷ συντεύξεταί τις, οὐδέ γ᾽ εἰ μέγας ἢ μικρός, ἢ ἰσχυρὸς ἢ ἀσθενής, οὐδὲ τῶν τοιούτων οὐδέν. τί δήποτε; ὅτι τῇ ψυχῇ τοῦτ᾽ οἶδε καὶ θαρρεῖ καὶ πεπίστευκε τῇ πολιτείᾳ, μηδέν᾽ ἕλξειν μηδ᾽ ὑβριεῖν μηδὲ τυπτήσειν.

  [221] Just think. The instant this court rises, each of you will walk home, one quicker, another more leisurely, not anxious, not glancing behind him, not fearing whether he is going to run up against a friend or an enemy, a big man or a little one, a strong man or a weak one, or anything of that sort. And why? Because in his heart he knows, and is confident, and has learned to trust the State, that no one shall seize or insult or strike him.

  [222] εἶτ᾽ ἐφ᾽ ἧς ἀδείας αὐτοὶ πορεύεσθε, ταύτην οὐ βεβαιώσαντες ἐμοὶ βαδιεῖσθε; καὶ τίνι χρή με λογισμῷ περιεῖναι ταῦτα παθόντα, εἰ περιόψεσθέ με νῦν ὑμεῖς; θάρρει νὴ Δία, φήσειέ τις ἄν: οὐ γὰρ ἔτ᾽ οὐδὲν ὑβρισθήσει. ἐὰν δέ, τότ᾽ ὀργιεῖσθε, νῦν ἀφέντες; μηδαμῶς, ὦ ἄνδρες δικασταί, μὴ προδῶτε μήτ᾽ ἐμὲ μήθ᾽ ὑμᾶς αὐτοὺς μήτε τοὺς νόμους.

  [222] That sense of security, then, with which you walk the streets — will you not guarantee it to me before you set off home? How can I reasonably expect to survive after what I have suffered, if you leave me in the lurch? Perhaps someone will say, “Take heart! You will not be insulted again.” But if I am, will you be angry with him then, after acquitting him now? Do not, gentlemen of the jury, do not betray me or yourselves or the laws.

  [223] καὶ γὰρ αὐτὸ τοῦτ᾽ εἰ ‘θέλοιτε σκοπεῖν καὶ ζητεῖν, τῷ ποτ᾽ εἰσὶν ὑμῶν οἱ ἀεὶ δικάζοντες ἰσχυροὶ καὶ κύριοι τῶν ἐν τῇ πόλει πάντων, ἐάν τε διακοσίους ἐάν τε χιλίους ἐάν θ᾽ ὁποσουσοῦν ἡ πόλις καθίσῃ, οὔτε τῷ μεθ᾽ ὅπλων εἶναι συντεταγμένοι μόνοι τῶν ἄλλων πολιτῶν, εὕροιτ᾽ ἄν, οὔτε τῷ τὰ σώματ᾽ ἄριστ᾽ ἔχειν καὶ μάλιστ᾽ ἰσχύειν τοὺς δικάζοντας, οὔτε τῷ τὴν ἡλικίαν εἶναι νεώτατοι, οὔτε τῶν τοιούτων οὐδενί, ἀλλὰ τῷ τοὺς νόμους ἰσχύειν.

  [223] For if you would only examine and consider the question, what it is that gives you who serve on juries such power and authority in all state-affairs, whether the State empanels two hundred of you or a thousand or any other number, you would find that it is not that you alone of the citizens are drawn up under arms, not that your physical powers are at their best and strongest, not that you are in the earliest prime of manhood; it is due to no cause of that sort but simply to the strength of the laws.

  [224] ἡ δὲ τῶν νόμων ἰσχὺς τίς ἐστιν; ἆρ᾽ ἐάν τις ὑμῶν ἀδικούμενος ἀνακράγῃ, προσδραμοῦνται καὶ παρέσονται βοηθοῦντες; οὔ: γράμματα γὰρ γεγραμμέν᾽ ἐστί, καὶ οὐχὶ δύναιντ᾽ ἂν τοῦτο ποιῆσαι. τίς οὖν ἡ δύναμις αὐτῶν ἐστιν; ὑμεῖς ἐὰν βεβαιῶτ᾽ αὐτοὺς καὶ παρέχητε κυρίους ἀεὶ τῷ δεομένῳ. οὐκοῦν οἱ νόμοι θ᾽ ὑμῖν εἰσιν ἰσχυροὶ καὶ ὑμεῖς τοῖς νόμοις.

  [224] And what is the strength of the laws? If one of you is wronged and cries aloud, will the laws run up and be at his side to assist him? No; they are only written texts and incapable of such action. Wherein then resides their power? In yourselves, if only you support them and make them all-powerful to help him who needs them. So the laws are strong through you and you through the laws.

  [225] δεῖ τοίνυν τούτοις βοηθεῖν ὁμοίως ὥσπερ ἂν αὑτῷ τις ἀδικουμένῳ, καὶ τὰ τῶν νόμων ἀδικήματα κοινὰ νομίζειν, ἐφ᾽ ὅτου περ ἂν λαμβάνηται, καὶ μήτε λῃτουργίας μήτ᾽ ἔλεον μήτ᾽ ἄνδρα μηδένα μήτε τέχνην μηδεμίαν εὑρῆσθαι, δι᾽ ὅτου πα�
�αβάς τις τοὺς νόμους οὐ δώσει δίκην.

  [225] Therefore you must help them as readily as any man would help himself if wronged; you must consider that you share in the wrongs done to the laws, by whomsoever they are found to be committed; and no excuse — neither public services, nor pity, nor personal influence, nor forensic skill, nor anything else — must be devised whereby anyone who has transgressed the laws shall escape punishment.

  [226] ὑμῶν οἱ θεώμενοι τοῖς Διονυσίοις εἰσιόντ᾽ εἰς τὸ θέατρον τοῦτον ἐσυρίττετε καὶ ἐκλώζετε, καὶ πάνθ᾽ ἃ μίσους ἐστὶ σημεῖ᾽ ἐποιεῖτε, οὐδὲν ἀκηκοότες πω περὶ αὐτοῦ παρ᾽ ἐμοῦ. εἶτα πρὶν μὲν ἐλεγχθῆναι τὸ πρᾶγμα, ὠργίζεσθε, προὐκαλεῖσθ᾽ ἐπὶ τιμωρίαν τὸν παθόντα, ἐκροτεῖθ᾽ ὅτε προὐβαλόμην αὐτὸν ἐν τῷ δήμῳ:

  [226] Those of you who were spectators at the Dionysia hissed and hooted Meidias when he entered the theater; you gave every indication of your abhorrence, though you had not yet heard what I had to say about him. Were you so indignant before the case was investigated, that you urged me to demand vengeance for my wrongs and applauded me when I brought my plaint before the Assembly?

  [227] ἐπειδὴ δ᾽ ἐξελήλεγκται, καὶ προκατέγνωκεν ὁ δῆμος τούτου εἰς ἱερὸν καθεζόμενος, καὶ τἄλλα προσεξήτασται τὰ πεπραγμένα τῷ μιαρῷ τούτῳ, καὶ δικάσοντες εἰλήχατε, καὶ πάντ᾽ ἐστὶν ἐν ὑμῖν μιᾷ ψήφῳ διαπράξασθαι, νῦν ὀκνήσετ᾽ ἐμοὶ βοηθῆσαι, τῷ δήμῳ χαρίσασθαι, τοὺς ἄλλους σωφρονίσαι, μετὰ πολλῆς ἀσφαλείας αὐτοὶ τὸ λοιπὸν διάγειν, παράδειγμα ποιήσαντες τοῦτον τοῖς ἄλλοις;

  πάντων οὖν εἵνεκα τῶν εἰρημένων, καὶ μάλιστα τοῦ θεοῦ χάριν περὶ οὗ τὴν ἑορτὴν ἀσεβῶν οὗτος ἑάλωκεν, τὴν ὁσίαν καὶ δικαίαν θέμενοι ψῆφον τιμωρήσασθε τοῦτον.

  [227] And yet now, when his guilt has been established, when the people, sitting in a sacred building, have anticipated his condemnation, when all the other crimes of this miscreant have been sifted, when it has fallen to your lot to be his judges and it lies in your power to conclude the whole affair by a single vote — now, I say, will you hesitate to succor me, to gratify the people, to give all a lesson in sobriety, and to enjoy perfect safety for the rest of your lives, by making an example of the defendant for the instruction of others?

  Therefore for all the reasons that I have urged, and above all for the honor of the god whose festival he has been convicted of profaning, punish this man by casting the vote which piety and justice alike demand.

  κατὰ Ἀνδροτίωνος Παρανόμων — AGAINST ANDROTION

  [1] ὅπερ Εὐκτήμων, ὦ ἄνδρες δικασταί, παθὼν ὑπ᾽ Ἀνδροτίωνος κακῶς, ἅμα τῇ τε πόλει βοηθεῖν οἴεται δεῖν καὶ δίκην ὑπὲρ αὑτοῦ λαβεῖν, τοῦτο κἀγὼ πειράσομαι ποιεῖν, ἐὰν ἄρ᾽ οἷός τ᾽ ὦ. συμβέβηκε δέ, πολλὰ καὶ δεινὰ καὶ παρὰ πάντας τοὺς νόμους Εὐκτήμονος ὑβρισμένου, ἐλάττω ταῦτ᾽ εἶναι τῶν ἐμοὶ γεγενημένων δι᾽ Ἀνδροτίωνος πραγμάτων. οὗτος μέν γ᾽ εἰς χρήματα καὶ τὸ παρ᾽ ὑμῶν ἀδίκως ἐκπεσεῖν ἐπεβουλεύθη: ἐμὲ δ᾽ οὐδ᾽ ἂν ἐδέξατο τῶν ὄντων ἀνθρώπων οὐδὲ εἷς, εἰ τὰ κατασκευασθένθ᾽ ὑπὸ τούτου παρ᾽ ὑμῖν ἐπιστεύθη.

  [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,

  [2] αἰτιασάμενος γάρ με, ἃ καὶ λέγειν ἂν ὀκνήσειέ τις, εἰ μὴ τύχοι προσόμοιος ὢν τούτῳ, τὸν πατέρ᾽ ὡς ἀπέκτον᾽ ἐγὼ τὸν ἐμαυτοῦ, καὶ κατασκευάσας ἀσεβείας γραφὴν οὐκ ἐπ᾽ ἐμέ, ἀλλ᾽ ἐπὶ τὸν θεῖόν μου, γράψας ἀσεβεῖν ἐμοὶ συνιόντ᾽ εἰς ταὐτὸν ὡς πεποιηκότι ταῦτα, εἰς ἀγῶνα κατέστησεν: ὃν εἰ συνέβη τόθ᾽ ἁλῶναι, τίς ἂν ἀθλιώτερ᾽ ἐμοῦ πεπονθὼς ἦν ὑπὸ τούτου; τίς γὰρ ἂν ἢ φίλος ἢ ξένος εἰς ταὐτό ποτ᾽ ἐλθεῖν ἠθέλησεν ἐμοί; τίς δ᾽ ἂν εἴασε πόλις που παρ᾽ ἑαυτῇ γενέσθαι τὸν τὸ τοιοῦτ᾽ ἀσέβημα δοκοῦντ᾽ εἰργάσθαι; οὐκ ἔστιν οὐδὲ μία.

  [2] 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. 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.

  [3] ἐγὼ τοίνυν ταῦτα μὲν οὐ παρὰ μικρὸν ἀγωνιζόμενος παρ᾽ ὑμῖν ἀπελυσάμην, ἀλλ᾽ ὥστε τὸ πέμπτον μέρος μὴ λαβεῖν τούτους τῶν ψήφων: τουτονὶ δὲ μεθ᾽ ὑμῶν πειράσομαι καὶ νῦν καὶ τὸν ἄλλον ἅπαντ᾽ ἀμύνεσθαι χρόνον. καὶ περὶ μὲν τῶν ἰδίων ἔχων ἔτι πολλὰ λέγειν ἐάσω: περὶ δ᾽ ὧν οἴσετε τὴν ψῆφον νυνὶ καὶ περὶ ὧν οὗτος δημοσίᾳ πεπολιτευμένος οὐκ ὀλίγ᾽ ὑμᾶς ἔβλαψεν, ἅ μοι παραλείπειν Εὐκτήμων ἐδόκει, βέλτιον δ᾽ ὑμᾶς ἀκοῦσαι, ταῦτα διεξελθεῖν ἐν βραχέσιν πειράσομαι.

  [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.

  [4] ἐγὼ γὰρ εἰ μὲν ἑώρων τιν᾽ ἁπλῆν τούτῳ περὶ ὧν φεύγει πρὸς ὑμᾶς οὖσαν ἀπολογίαν, οὐκ ἂν ἐποιούμην περὶ αὐτῆς μνείαν οὐδεμίαν. νῦν δ᾽ οἶδα σαφῶς ὅτι οὗτος ἁπλοῦν μὲν οὐδὲ δίκαιον οὐδὲν ἂν εἰπεῖν
ἔχοι, ἐξαπατᾶν δ᾽ 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 ἕνεκ᾽ ἄξιον κολάσαι, προσέχετε τὸν νοῦν οἷς ἐρῶ, ἵν᾽ ἀκούσαντες ἐμοῦ πρὸς ἕκαστον τῶν ὑπὸ τούτου ῥηθησομένων ἔχηθ᾽ ὑπολαμβάνειν ἃ δεῖ.

  [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.

 

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