by Demosthenes
[47] Even when a man has got his permission, the law does not allow him to do the business as he chooses, but as the Council and the Assembly approve. Timocrates was not satisfied with the simple transgression of making his proposal and introducing his law on the matters in question without permission granted; he went further and, without laying any proposition before the Council or before the Assembly, on the sly, when the Council stood adjourned, and everybody was holiday-making in honor of the festival, he brought in his bill surreptitiously. —
[48] καίτοι χρῆν σ᾽, ὦ Τιμόκρατες, εἰδότα τὸν νόμον τόνδ᾽ ὃν ἀνέγνω, εἴ τι δίκαιον ἐβούλου πράττειν, πρῶτον μὲν πρόσοδον γράψασθαι πρὸς τὴν βουλήν, εἶτα τῷ δήμῳ διαλεχθῆναι, κᾆθ᾽ οὕτως, εἰ πᾶσιν Ἀθηναίοις ἐδόκει, γράφειν καὶ νομοθετεῖν περὶ τούτων, καὶ τότε τοὺς χρόνους ἀναμείναντα τοὺς ἐκ τῶν νόμων, ἵνα τοῦτον τὸν τρόπον πράττων, εἰ καί τις ἐπεχείρει δεικνύειν οὐκ ἐπιτήδειον ὄντα τῇ πόλει τὸν νόμον, μὴ οὖν ἐπιβουλεύειν γ᾽ ἐδόκεις, ἀλλὰ γνώμῃ διαμαρτὼν ἀποτυχεῖν.
[48] Yet, if your intentions had been honest, Timocrates, knowing as you did the statute which I have read, it was your duty, first to make written request for audience before the Council, then to confer with the Assembly, and after that, if the whole body of citizens had approved, to compose and bring in your bill on the matters in question, and even then to wait for the dates prescribed by law, in order that, doing business in that fashion, even though anyone tried to show that your law was disadvantageous to the State, you might not have been suspected of malicious intention, but only of the misfortune of erroneous judgement.
[49] νῦν δὲ τῷ λάθρα καὶ ταχὺ καὶ παρὰ τοὺς νόμους ἐμβαλεῖν τὸν νόμον εἰς τοὺς νόμους καὶ μὴ θεῖναι, πᾶσαν ἀφῄρησαι σαυτοῦ τὴν συγγνώμην: τοῖς γὰρ ἄκουσιν ἁμαρτοῦσι μέτεστι συγγνώμης, οὐ τοῖς ἐπιβουλεύσασιν, ὃ σὺ νῦν εἴληψαι ποιῶν. ἀλλὰ γὰρ αὐτίκ᾽ ἐρῶ περὶ τούτων. νῦν δ᾽ ἀναγίγνωσκε τὸν ἑξῆς νόμον.
[49] As it is, by thrusting your law into the statute-book clandestinely, hastily, and illegally, you have stripped yourself of all claim to indulgence; for indulgence belongs to those who offend unwittingly, not to those who have concerted a plot, as you are convicted of doing. However, I shall have a word to say on that point presently. Meantime, — read the next law.
[50] “Νόμος
ἐὰν δέ τις ἱκετεύῃ ἐν τῇ βουλῇ ἢ ἐν τῷ δήμῳ περὶ ὧν δικαστήριον ἢ ἡ βουλὴ ἢ ὁ δῆμος κατέγνω, ἐὰν μὲν αὐτὸς ὁ ὀφλὼν ἱκετεύῃ πρὶν ἐκτεῖσαι, ἔνδειξιν εἶναι αὐτοῦ, καθάπερ ἐάν τις ὀφείλων τῷ δημοσίῳ ἡλιάζηται: ἐὰν δ᾽ ἄλλος ὑπὲρ τοῦ ὠφληκότος ἱκετεύῃ πρὶν ἐκτεῖσαι, δημοσία ἔστω αὐτοῦ ἡ οὐσία ἅπασα. ἐὰν δέ τις τῶν προέδρων δῷ τινι τὴν ἐπιχειροτονίαν, ἢ αὐτῷ τῷ ὠφληκότι ἢ ἄλλῳ ὑπὲρ ἐκείνου, πρὶν ἐκτεῖσαι, ἄτιμος ἔστω.”
[50] “Law
If any person make petition to the Council or to the Assembly in respect of any sentence of a Court of Justice or of the Council or of the Assembly, if the person who has been fined himself make petition before he has paid the fine, an information shall lie against him in the same manner as when a person sits on a jury being indebted to the treasury; and if another person make petition on behalf of the person fined, his whole property shall be confiscated; and if any Commissioner shall allow the question to be put for anyone, whether for the person fined or for another on his behalf, he shall be disfranchised.”
[51] ἔστι μὲν ἔργον, ὦ ἄνδρες δικασταί, εἰ περὶ πάντων τῶν νόμων οἷς οὗτος ἐναντίον εἰσενήνοχεν ἐροῦμεν: ἄξιον δ᾽, εἰ περί του καὶ ἄλλου, καὶ περὶ τοῦδ᾽ ὃν νῦν ἀνέγνω διελθεῖν. ὁ γὰρ τὸν νόμον τοῦτον, ὦ ἄνδρες Ἀθηναῖοι, θεὶς ᾔδει τὴν φιλανθρωπίαν καὶ τὴν πραότητα τὴν ὑμετέραν, καὶ διὰ ταύτην ἑώρα περὶ πολλῶν ὑμᾶς ἑκόντας ἤδη ποτὲ μεγάλα ζημιωθέντας.
[51] It is a long task, gentlemen of the jury, if we are to speak of all the laws to which the proposals introduced by the defendant are repugnant; but if any law deserves discussion it is surely that which the clerk has just read. The author of that law knew how kind-hearted and indulgent you Athenians are; he could see that in many instances you had already suffered serious detriment by your own act because of that easy disposition;
[52] βουλόμενος δὴ μηδεμίαν πρόφασιν τοῦ τὰ κοινὰ κακῶς ἔχειν ὑπολιπεῖν, τοὺς μετὰ τῶν νόμων κρίσει καὶ δικαστηρίῳ μὴ δίκαια ποιεῖν ἐγνωσμένους οὐκ ᾤετο δεῖν τῆς εὐηθείας τῆς ὑμετέρας ἀπολαύειν, τὸ δεῖσθαι καὶ μετὰ συμφορᾶς ἱκετεύειν ἔχοντας ἀφορμήν, ἀλλ᾽ ὅλως ἀπεῖπεν μήτ᾽ αὐτῷ μήτ᾽ ἄλλῳ μηδενὶ μήθ᾽ ἱκετεύειν μήτε λέγειν ὑπὲρ τῶν τοιούτων, ἀλλὰ ποιεῖν τὰ δίκαια σιγῇ.
[52] and therefore, wishing to leave no excuse for public losses, he declared it wrongful that men who had been convicted of misconduct by process and judgement with the sanction of law should enjoy the benefit of your good-nature, falling back upon prayers and solicitation in their distress. Accordingly he strictly forbade either the culprit himself or anyone else to supplicate you or make speeches upon such complaints; they must do what justice demands in silence.
[53] εἰ τοίνυν τις ἔροιθ᾽ ὑμᾶς ποτέροις μᾶλλον ἂν εἰκότως ποιήσαιθ᾽ ὁτιοῦν, τοῖς δεομένοις ἢ τοῖς ἐπιτάττουσιν, οἶδ᾽ ὅτι φήσαιτ᾽ ἂν τοῖς δεομένοις: τὸ μὲν γὰρ χρηστῶν, τὸ δ᾽ ἀνάνδρων ἀνθρώπων ἔργον ἐστίν. οὐκοῦν οἱ νόμοι μὲν ἅπαντες προστάττουσιν ἃ χρὴ ποιεῖν, οἱ τιθέντες δὲ τὰς ἱκετηρίας δέονται. εἰ τοίνυν ἱκετεύειν οὐκ ἔξεστιν, ἦ που νόμον γ᾽ ἐπίταγμ᾽ ἔχοντ᾽ εἰσφέρειν; ἐγὼ μὲν οὐκ οἶμαι. καὶ γὰρ αἰσχρὸν περὶ ὧν μηδὲ χαρίζεσθαι δεῖν ὑπειλήφατε, περὶ τούτων ἀκόντων ὑμῶν ἐᾶν ἅ τινες βούλονται πραχθῆναι.
λέγε τὸν μετὰ τοῦτον ἐφεξῆς.
[53] Now if you were asked for whom you would more naturally do a service, for those who beg you or for those who bid you, I am sure you would reply, for those who beg; for the former service is the outcome of kindliness, the latter of cowardice. Well, the laws, all of them, command you to do your duty; suppliants beg you to do a favour. Then where supplication is forbidden, can it be permissible to introduce a law that contains a command? I think not. In cases in which you conceived it to be your duty even to refuse favours, it is shameful that you should allow the desires of certain people to be fulfilled against your will. — Read the statute that comes next in order.
[54] “Νόμος
ὅσων δίκη πρότερον ἐγένετο �
�� εὔθυνα ἢ διαδικασία περί του ἐν δικαστηρίῳ, ἢ ἰδίᾳ ἢ δημοσίᾳ, ἢ τὸ δημόσιον ἀπέδοτο, μὴ εἰσάγειν περὶ τούτων εἰς τὸ δικαστήριον μηδ᾽ ἐπιψηφίζειν τῶν ἀρχόντων μηδένα, μηδὲ κατηγορεῖν ἐώντων ἃ οὐκ ἐῶσιν οἱ νόμοι.”
[54] “Law
When there has been a prior judgement audit or adjudication about any matter in a court of law, whether in a public or a private suit, or where the State has been vendor, none of the magistrates may bring the matter into court or put any question to the vote, nor shall they permit any accusation forbidden by law.”
[55] Τιμοκράτης τοίνυν, ὥσπερ μαρτυρίαν ὧν ἀδικεῖ γράφων, εὐθὺς ἀρχόμενος τοῦ νόμου τἀναντί᾽ ἔθηκε τούτοις. ὁ μέν γ᾽ οὐκ ἐᾷ περὶ ὧν ἂν ἅπαξ γνῷ δικαστήριον πάλιν χρηματίζειν: ὁ δ᾽ ἔγραψεν, καὶ εἴ τινι προστετίμηται κατὰ νόμον ἢ κατὰ ψήφισμα, τὸν δῆμον τούτῳ χρηματίζειν, ὅπως ἃ μὲν ἔγνω τὸ δικαστήριον λυθήσεται, καταστήσει δ᾽ ἐγγυητὰς ὁ ὀφλών. καὶ ὁ μὲν νόμος μηδ᾽ ἐπιψηφίζειν φησὶ τῶν ἀρχόντων παρὰ ταῦτα μηδένα: ὁ δ᾽ ἔγραψε τοῖς προέδροις ἐπάναγκες, ἐάν τις καθιστῇ, προσάγειν, καὶ προσέγραψεν ‘ὁπότ᾽ ἄν τις βούληται.’
[55] Why, it looks as though Timocrates were compiling evidence of his own transgressions; for at the very outset of his law he makes a proposal exactly contrary to these provisions. The legislator does not permit any question once decided by judgement of the court to be put a second time; the law of Timocrates reads that, if any penalty has been inflicted on a man in pursuance of a law or a decree, the Assembly must reconsider the matter for him, in order that the decision of the court may be overruled, and sureties put in by the person amerced. The statute forbids any magistrate even to put the question contrary to these provisions; Timocrates proposes that, if sureties are nominated, the Commissioners shall be obliged to submit their names, and adds the phrase, “whenever any debtor wishes.” —
[56] λέγ᾽ ἄλλον νόμον.”Νόμος
τὰς δίκας καὶ τὰς διαίτας, ὅσαι ἐγένοντο ἐπὶ τοῖς νόμοις ἐν δημοκρατουμένῃ τῇ πόλει, κυρίας εἶναι.”
οὔ φησι Τιμοκράτης, οὔκουν ὁπόσοις γ᾽ ἂν δεσμοῦ προστιμηθῇ.
λέγε.”Νόμος
ὁπόσα δ᾽ ἐπὶ τῶν τριάκοντα ἐπράχθη ἢ δίκη ἐδικάσθη, ἢ ἰδίᾳ ἢ δημοσίᾳ, ἄκυρα εἶναι.”
[56] Read another statute.”Law
Judgements and awards given under the law while the government was democratic shall be valid.”
No, says Timocrates; they shall not be valid, at least when the penalty of imprisonment has been imposed. — Proceed.”Law
But acts done and judgements delivered during the time of the Thirty Tyrants, whether in private or public suits, shall be invalid.”
[57] ἐπίσχες. εἰπέ μοι, τί δεινότατον πάντες ἂν ἀκούσαντες φήσαιτε, καὶ τί μάλιστ᾽ ἂν ἀπεύξαισθε; οὐχὶ ταῦτα τὰ πράγμαθ᾽ ἅπερ ἦν ἐπὶ τῶν τριάκοντα μὴ γενέσθαι; ἔγωγ᾽ οἶμαι. ὁ γοῦν νόμος οὑτοσί, εὐλαβούμενος, ὡς ἐμοὶ δοκεῖ, τὸ τοιοῦτον ἀπεῖπε τὰ πραχθέντ᾽ ἐπ᾽ ἐκείνων μὴ κύρι᾽ εἶναι. οὑτοσὶ τοίνυν τὴν αὐτὴν κατέγνω παρανομίαν τῶν ἐπὶ τῆς δημοκρατίας πεπραγμένων ἥνπερ τῶν ἐπ᾽ ἐκείνων ὑμεῖς: ὁμοίως γοῦν ἄκυρα ποιεῖ.
[57] Stop. Tell me; hearing that, what would all of you name as the most terrible misfortune?Against what would you pray most earnestly? I suppose that your prayer would be that the state of things under the Thirty Tyrants should never recur. Anyhow, that, as I understand it, is the misfortune against which this statute provides, by ordaining that the acts of that time shall be invalid. Well, the defendant condemns as illegal acts done under popular government, exactly as you condemned the acts of the tyranny; or at least he makes them equally invalid.
[58] καίτοι τί φήσομεν, ὦ ἄνδρες Ἀθηναῖοι, τοῦτον κύριον τὸν νόμον ἐάσαντες γενέσθαι; πότερον τὰ δικαστήρια, ἃ δημοκρατουμένης τῆς πόλεως ἐκ τῶν ὀμωμοκότων πληροῦται, ταὔτ᾽ ἀδικήματα τοῖς ἐπὶ τῶν τριάκοντ᾽ ἀδικεῖν; καὶ πῶς οὐ δεινόν; ἀλλὰ δικαίως ἐψηφίσθαι; τίνος οὖν εἵνεκα τὸν λύσοντα ταῦτα νόμον θέσθαι φήσομεν; πλὴν εἰ τοῦτό τις εἴποι, μανέντες: ἄλλο γὰρ οὐκ ἔστιν εἰπεῖν.
[58] Then what are we to say for ourselves, men of Athens, if we allow this law to be confirmed? That our tribunals, composed under popular government of men who have taken the judicial oath, are guilty of the same iniquities as the tribunals of the Thirty Tyrants? Preposterous! That they give righteous judgements? Then what reason can we allege for enacting a law to reverse those judgements? Unless indeed we plead that we were out of our minds. We have no other excuse to offer. —
[59] λέγ᾽ ἄλλον νόμον.”Νόμος
μηδὲ νόμον ἐξεῖναι ἐπ᾽ ἀνδρὶ θεῖναι, ἐὰν μὴ τὸν αὐτὸν ἐπὶ πᾶσιν Ἀθηναίοις τιθῇ ἐὰν μὴ ψηφισαμένων μὴ ἔλαττον ἑξακισχιλίων οἷς ἂν δόξῃ κρύβδην ψηφιζομένοις.”
οὐκ ἐᾷ νόμον ἀλλ᾽ ἢ τὸν αὐτὸν τιθέναι κατὰ τῶν πολιτῶν πάντων, καλῶς καὶ δημοτικῶς λέγων. ὥσπερ γὰρ τῆς ἄλλης πολιτείας ἴσον μέτεστιν ἑκάστῳ, οὕτω καὶ τούτων ἴσον μετέχειν ἕκαστον ἀξιοῖ. δι᾽ οὓς μὲν τοίνυν οὗτος εἰσέφερεν, ὑμεῖς οὐδὲν ἐμοῦ χεῖρον γιγνώσκετε: ἄνευ δὲ τούτων αὐτὸς ὡμολόγησεν μὴ ἐπὶ πᾶσι τὸν αὐτὸν τεθηκέναι, πλὴν περὶ τῶν τελωνῶν καὶ τῶν μισθουμένων καὶ τῶν τούτων ἐγγυητῶν χρῆσθαι προσγράψας τῷ νόμῳ. οὐκοῦν ὁπότ᾽ εἰσίν τινες οὓς ἀφορίζεις, οὐκ ἂν ἔτ᾽ εἴης ἐπὶ πᾶσιν τὸν αὐτὸν τεθηκώς.
[59] Read another statute.”Law
Nor shall it be lawful to propose a law applying to a particular man, unless the same be applicable to all Athenian citizens, except by the votes of not less than six thousand citizens voting in the affirmative by ballot.”
It forbids the introduction of any law that does not affect all citizens alike, — an injunction conceived in the true spirit of democracy. As every man has an equal share in the constitution generally, so this statute asserts his equal share in the laws. You know as well as I do for whose sake Timocrates introduced his law; but, leaving those names out of the question, we have his own admission that his law is not of universal application, for he added a clause excepting from its operation tax-farmers, lessees, and their sureties. — When, sir, there are certain persons whom you have put outside your law, you cannot claim that you have made the same law for all alike.
[60] καὶ μὴν οὐδ᾽ ἐκεῖνό γ᾽ ἂν εἴποις, ὡς ὅσοις δεσμοῦ προστιμᾶται, τούτων μάλ�
�στ᾽ ἢ τὰ μέγιστ᾽ ἀδικοῦσιν οἱ τελῶναι, ὥστε μόνοις αὐτοῖς μὴ μεταδοῦναι τοῦ νόμου. πολὺ γὰρ δήπου μᾶλλον οἱ προδιδόντες τι τῶν κοινῶν, οἱ τοὺς γονέας κακοῦντες, οἱ μὴ καθαρὰς τὰς χεῖρας ἔχοντες, εἰσιόντες δ᾽ εἰς τὴν ἀγοράν, ἀδικοῦσιν. οἷς ἅπασιν οἱ μὲν ὑπάρχοντες νόμοι δεσμὸν προλέγουσιν, ὁ δὲ σὸς λελύσθαι δίδωσιν. ἀλλ᾽ ἐνταῦθα πάλιν καταμηνύεις ὑπὲρ ὧν ἐτίθεις: διὰ γὰρ τὸ μὴ τελωνήσαντας ὀφείλειν αὐτούς, ἀλλὰ κλέψαντας, μᾶλλον δ᾽ ἁρπάσαντας τὰ χρήματα, διὰ τοῦτ᾽ οὐκ ἐφρόντισας, οἶμαι, τῶν τελωνῶν.