by Demosthenes
[60] And there is another thing that you cannot say, — that of all persons punished by imprisonment tax farmers are the greatest offenders and do us the gravest wrong, and that that is why you do not give them the benefit of your law. Surely men who are traitors to the commonwealth, men who maltreat their own parents, men who enter the market-place with unclean hands, offend far more heinously; and all those criminals are threatened with imprisonment by the standing laws, while your law offers them instant release. But here again you reveal the men in whose favour you moved your law. They got into our debt not by tax-farming, but by embezzling, or rather by plundering, our money; and that, I warrant you, is the true reason why you had no consideration for the tax-farmers.
[61] πολλοὺς δ᾽ ἄν τις ἔχοι νόμους ἔτι καὶ καλῶς ἔχοντας δεικνύναι, οἷς πᾶσιν ἐναντίος ἐστὶν ὃν οὗτος τέθηκεν. ἀλλ᾽ ἴσως ἐγὼ μέν, εἰ περὶ πάντων ἐρῶ, ἐξωσθήσομαι περὶ τοῦ μηδ᾽ ἐπιτήδειον ὅλως ὑμῖν εἶναι τὸν νόμον εἰπεῖν, ὑμῖν δ᾽ ὁμοίως ἔνοχος φανεῖται τῇ γραφῇ, καὶ εἰ ἑνὶ τῶν ὄντων νόμων ἐναντίος ἐστίν. πῶς οὖν μοι δοκεῖ; τοὺς μὲν ἄλλους ἐᾶν, περὶ δ᾽ οὗ πρότερόν ποτ᾽ αὐτὸς οὗτος ἔθηκεν νόμου διελθόντ᾽ ἐπ᾽ ἐκεῖν᾽ ἰέναι τὸ μέρος τῆς κατηγορίας ἤδη, ὡς καὶ μεγάλ᾽ ἂν βλάπτοι γενόμενος κύριος τὴν πόλιν.
[61] Many other excellent statutes might be cited, all contradicted by the law he has proposed. However, if I discuss every one of them, I shall, perhaps, be robbed of my chance of arguing that the law is altogether disadvantageous to the citizens. On the other hand, even if it is repugnant to one only of the existing laws, you can have no doubt that it is open to the indictment. What, then, is my decision? To pass over all the other laws, but to discuss one law proposed on a former occasion by the defendant himself, before I proceed to that part of my accusation in which I allege that the law, if operative, will be most injurious to the commonwealth.
[62] τὸ μὲν οὖν τοῖς τῶν ἄλλων ἐναντίον εἰσενηνοχέναι νόμον δεινὸν μέν, ἀλλ᾽ ἄλλου δεῖται κατηγόρου: τὸ δ᾽ ὑφ᾽ αὑτοῦ πρότερον κειμένῳ νόμῳ τἀναντία θεῖναι, τοῦτ᾽ ἤδη ποιεῖ κατήγορον αὐτὸν αὑτοῦ γεγενῆσθαι. ἵν᾽ οὖν τοῦτ᾽ εἰδῆτε γιγνόμενον, ἀναγνώσεται τὸν νόμον ὑμῖν αὐτὸν ὃν οὗτος ἔθηκεν: ἐγὼ δὲ σιωπήσομαι. λέγε.
[62] To have introduced a law contrary to the laws of others is a serious offence, but one which requires accusation by someone else; but, when a man legislates in opposition to a former enactment of his own, he is really making himself his own accuser. To show you that such is really the case, the clerk will read to you the actual law proposed by him, while I hold my peace. — Read.
[63] “Νόμος
Τιμοκράτης εἶπεν: ὁπόσοι Ἀθηναίων κατ᾽ εἰσαγγελίαν ἐκ τῆς βουλῆς ἢ νῦν εἰσιν ἐν τῷ δεσμωτηρίῳ ἢ τὸ λοιπὸν κατατεθῶσι, καὶ μὴ παραδοθῇ ἡ κατάγνωσις αὐτῶν τοῖς θεσμοθέταις ὑπὸ τοῦ γραμματέως τοῦ κατὰ πρυτανείαν κατὰ τὸν εἰσαγγελτικὸν νόμον, δεδόχθαι τοῖς νομοθέταις εἰσάγειν τοὺς ἕνδεκα εἰς τὸ δικαστήριον τριάκονθ᾽ ἡμερῶν ἀφ᾽ ἧς ἂν παραλάβωσιν, ἐὰν μή τι δημοσίᾳ κωλύῃ, ἐὰν δὲ μή, ὅταν πρῶτον οἷόν τ᾽ ᾖ. κατηγορεῖν δ᾽ Ἀθηναίων τὸν βουλόμενον οἷς ἔξεστιν. ἐὰν δ᾽ ἁλῷ, τιμάτω ἡ ἡλιαία περὶ αὐτοῦ ὅ τι ἂν δοκῇ ἄξιος εἶναι παθεῖν ἢ ἀποτεῖσαι. ἐὰν δ᾽ ἀργυρίου τιμηθῇ, δεδέσθω τέως ἂν ἐκτείσῃ ὅ τι ἂν αὐτοῦ καταγνωσθῇ.”
[63] “Law
Moved by Timocrates: if any Athenian citizens are now in jail or shall hereafter be imprisoned on impeachment by the Council, if the judgement against such prisoners be not delivered to the Judges by the Secretary of the Presidency in pursuance of the law of impeachment, be it enacted that the Eleven shall bring them before the Court within thirty days of the day on which they receive them into custody, unless prevented by public business, and, if so prevented, as soon as possible. Any Athenian qualified as a prosecutor may prosecute. If the culprit be convicted, the Court of Heliaea shall assess such penalty, pecuniary or otherwise, as he appears to deserve. If the penalty assessed be pecuniary, he shall be imprisoned until he has paid the full amount of the fine inflicted.”
[64] ἀκούετ᾽, ὦ ἄνδρες δικασταί; λέγ᾽ αὐτοῖς αὐτὸ τοῦτο πάλιν.”Νόμος
ἐὰν δ᾽ ἀργυρίου τιμηθῇ, δεδέσθω τέως ἂν ἐκτείσῃ.”
πέπαυσο. ἔστιν οὖν ὅπως ἂν ἐναντιώτερά τις δύο θείη τοῦ δεδέσθαι, τέως ἂν ἐκτείσωσι, τοὺς ἁλόντας, καὶ τοῦ καθιστάναι τοὺς αὐτοὺς τούτους ἐγγυητάς, ἀλλὰ μὴ δεῖν; ταῦτα τοίνυν κατηγορεῖ Τιμοκράτης Τιμοκράτους, οὐ Διόδωρος, οὐδ᾽ ἄλλος ὑμῶν οὐδεὶς τοσούτων ὄντων τὸ πλῆθος.
[64] You hear that, gentlemen of the jury? — Read those words again.”Law
If the penalty assessed be pecuniary he shall be imprisoned until he has paid the full amount—”
That will do. — Could a man possibly propose two more contradictory enactments than these, — that convicted malefactors shall be kept in jail until they have paid their fines, and that these same malefactors may put in sureties, but must not be imprisoned. Here, then, is an accusation brought against Timocrates by Timocrates, not by Diodorus nor by any other of the great multitude of citizens.
[65] καίτοι τίνος ἂν ὑμῖν ἀποσχέσθαι δοκεῖ λήμματος ἢ τί ποιεῖν ἂν ὀκνῆσαι κέρδους εἵνεκα, ὅστις ἐναντί᾽ αὐτὸς αὑτῷ νομοθετεῖν ἠξίωσεν, οὐδὲ τοῖς ἄλλοις τῶν νόμων ἐώντων; ἐμοὶ μὲν γὰρ εἵνεκ᾽ ἀναιδείας ὁ τοιοῦτος δοκεῖ πᾶν ἂν ἑτοίμως ἔργον ποιῆσαι. ὥσπερ τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, τῶν περὶ τἄλλα κακούργων τοὺς ὁμολογοῦντας ἄνευ κρίσεως κολάζειν οἱ νόμοι κελεύουσιν, οὕτω δίκαιον καὶ τούτου, ἐπειδὴ τοὺς νόμους κακουργῶν εἴληπται, μὴ δόντας λόγον μηδ᾽ ἐθελήσαντας ἀκοῦσαι καταψηφίσασθαι: ὡμολόγηκε γὰρ θατέρῳ τῷ προτέρῳ νόμῳ τόνδε τιθεὶς ἀδικεῖν.
[65] Yet from what gain do you think that such a man would restrain his hand, or what would he hesitate to do for lucre’s sake, when he did not disdain to legislate in contradiction of himself, though the laws forbid contradiction even of others? It seems to me that, so far as effrontery goes, such a man is ready to do anything. Inasmuch, therefore, as the laws provide that evil doers of other kinds shall upon confession be punished without trial, you, men of Athens, have a right to give your verdict against this man without allowing him to speak or giving him a hearing, now that he has been caught in the act of maltreating the laws; for by proposing this law in contravention of the former law, he has pleaded guilty.
[66] ὅτι μὲν τοίνυν καὶ παρὰ �
�ούτους τοὺς νόμους καὶ παρὰ τοὺς προειρημένους, καὶ μικροῦ δέω παρὰ πάντας εἰπεῖν τοὺς ὄντας ἐν τῇ πόλει, τέθηκε τὸν νόμον, οἶμαι δῆλον ἅπασιν ὑμῖν εἶναι. θαυμάζω δ᾽ αὐτοῦ τί ποτε καὶ τολμήσει λέγειν περὶ τούτων. οὔτε γὰρ ὡς οὐκ ἐναντίος ἔσθ᾽ ὁ νόμος τοῖς ἄλλοις δεικνύειν ἕξει, οὔθ᾽ ὡς δι᾽ ἀπειρίαν ἰδιώτην αὐτὸν ὄντα τοῦτ᾽ ἔλαθεν δύναιτ᾽ ἂν πεῖσαι: πάλαι γὰρ μισθοῦ καὶ γράφων καὶ νόμους εἰσφέρων ὦπται.
[66] That the law he has proposed is contrary to the statutes just read, to those which I cited before, and, I may almost say, to every law in Athens, is now, I suppose, manifest to every one of you. I really wonder what he will have the face to say about those statutes. He cannot show that his law does not contradict the others; and he will not be able to convince you that he is a simple layman who did not know what he was doing through lack of experience, because for a long time past he has been celebrated for composing and introducing laws at so much apiece. Moreover, there is another course that is not open to him:
[67] καὶ μὴν οὐδ᾽ ἐκεῖνό γ᾽ ἔνεστιν αὐτῷ, ἀδίκημα μὲν εἶναι τὸ πρᾶγμ᾽ ὁμολογῆσαι, συγγνώμης δὲ τυχεῖν ἀξιοῦν: οὐ γὰρ ἄκων οὐδ᾽ ὑπὲρ ἠτυχηκότων οὐδ᾽ ὑπὲρ συγγενῶν καὶ ἀναγκαίων αὐτῷ τεθηκὼς φαίνεται τὸν νόμον, ἀλλ᾽ ἑκὼν ὑπὲρ μεγάλ᾽ ἠδικηκότων ὑμᾶς, οὐδὲν προσηκόντων αὐτῷ, πλὴν εἰ συγγενεῖς ὑπολαμβάνειν φησὶν τοὺς μισθουμένους αὐτόν.
[67] he cannot admit that he has done wrong and then plead that he deserves forgiveness; for it is quite clear that he did not propose his law unwillingly, or to help the distressed, or his own family, or people who have a claim upon him. He did it by intention, on behalf of men who have done you a grave injury, and who are in no way related to him, — unless he pretends that payment of wages is a bond of kinship.
[68] ὡς τοίνυν οὐδ᾽ ἐπιτήδειον νόμον ὑμῖν οὐδὲ συμφέροντ᾽ εἰσενήνοχεν, τοῦτ᾽ ἤδη πειράσομαι νυνὶ δεικνύειν. οἶμαι δὴ πάντας ἂν ὑμᾶς ὁμολογῆσαι, δεῖν τὸν ὀρθῶς ἔχοντα νόμον καὶ συνοίσειν μέλλοντα τῷ πλήθει πρῶτον μὲν ἁπλῶς καὶ πᾶσι γνωρίμως γεγράφθαι, καὶ μὴ τῷ μὲν εἶναι ταυτὶ περὶ αὐτοῦ νομίζειν, τῷ δὲ ταυτί. ἔπειτ᾽ εἶναι δυνατὰς τὰς πράξεις ἃς δεῖ γίγνεσθαι διὰ τοῦ νόμου: εἰ γὰρ αὖ καλῶς μὲν ἔχοι, μὴ δυνατὸν δέ τι φράζοι, εὐχῆς, οὐ νόμου διαπράττοιτ᾽ ἂν ἔργον.
[68] I will now do my best to prove that the law he introduced is unacceptable and disadvantageous to the citizens. I presume that you will all agree with me that a really wholesome law, such as is calculated to benefit the people, ought, in the first place, to be drawn simply and intelligibly, not in such terms that one man thinks it means this and another that; and, secondly, that the proceedings prescribed by the law ought to be practicable, for if a law, though well-meant, were to enjoin what is impossible, it would be attempting the work not of a law, but of a prayer.
[69] πρὸς δὲ τούτοις μηδενὶ τῶν ἀδικούντων φαίνεσθαι μηδεμίαν διδόντα ῥᾳστώνην. εἰ γὰρ δημοτικόν τις ὑπείληφεν τὸ πράους εἶναι τοὺς νόμους, τίσιν τούτοις προσεξεταζέτω, κἄνπερ ὀρθῶς βούληται σκοπεῖν, εὑρήσει τοῖς κρίνεσθαι μέλλουσιν, οὐ τοῖς ἐξεληλεγμένοις: ἐν μὲν γὰρ τοῖς ἄδηλον εἴ τις ἔστ᾽ ἀδίκως διαβεβλημένος, τοῖς δ᾽ οὐδὲ λόγος λείπεται τὸ μὴ οὐ πονηροῖς εἶναι.
[69] Furthermore, it should plainly appear that it does not offer an easy time to any wrongdoer. For if anyone supposes that indulgent laws are the mark of popular government, let him ask this further question: to whom are they to be indulgent? If he will look at the matter rightly, he will find that the answer is, to persons who are going to be tried, not to persons already convicted. For of the former we may say that it is still uncertain whether they have been unjustly calumniated; but the latter can no longer plead that they are not evil-doers.
[70] τούτων τοίνυν ὧν διεξελήλυθ᾽ ἐγὼ νῦν οὐδ᾽ ὁτιοῦν οὗτος ἔχων ὁ νόμος φανήσεται, τἀναντία δ᾽ ἑξῆς πάντα. πολλαχόθεν μὲν οὖν ἄν τις ἔχοι τοῦτο διδάσκειν, μάλιστα δὲ τὸν νόμον αὐτὸν ὃν τέθηκε διεξιών. ἔστι γὰρ οὐ τὸ μὲν αὐτοῦ καλῶς κείμενον, τὸ δ᾽ ἡμαρτημένον, ἀλλ᾽ ὅλος ἐξ ἀρχῆς, ἀπὸ τῆς πρώτης συλλαβῆς μέχρι τῆς τελευταίας, ἐφ᾽ ὑμῖν κεῖται.
[70] Now it shall be made clear that the law before us exhibits none of the traits I have enumerated, but the very opposite, taking them one by one. There are many ways in which I might make good that statement; the best will be to go through the law itself, phrase by phrase. It is not a law well-conceived in parts, and defective in parts; from beginning to end, from the first syllable to the last, it is enacted to your detriment. —
[71] λαβὲ δ᾽ αὐτοῖς τὴν γραφὴν αὐτήν, καὶ μέχρι τοῦ πρώτου μέρους ἀνάγνωθι τὸν νόμον: ῥᾷστα γὰρ οὕτως ἐγώ τε διδάξω καὶ ὑμεῖς μαθήσεσθ᾽ ἃ λέγω.”Νόμος
ἐπὶ τῆς Πανδιονίδος πρώτης δωδεκάτῃ τῆς πρυτανείας τῶν προέδρων ἐπεψήφισεν Ἀριστοκλῆς Μυρρινούσιος, Τιμοκράτης εἶπεν: καὶ εἴ τινι τῶν ὀφειλόντων τῷ δημοσίῳ προστετίμηται κατὰ νόμον ἢ κατὰ ψήφισμα δεσμοῦ ἢ τὸ λοιπὸν προστιμηθῇ, εἶναι αὐτῷ ἢ ἄλλῳ ὑπὲρ ἐκείνου ἐγγυητὰς καταστῆσαι.”
[71] The clerk shall take the actual manuscript, and read the law to the jury as far as the end of the first section. — That is the easiest way for me to explain, and for you to apprehend, what I mean.”Law of Timocrates
During the first presidency, namely, that of the Pandionid Tribe, on the twelfth day of that presidency, the question was put by Aristocles of Myrrhinus, one of the Commissioners: moved by Timocrates, that if the additional penalty of imprisonment has been or shall hereafter be inflicted in pursuance of any law or decree upon any person in debt to the treasury, it shall be competent for him or for any person on his behalf to nominate as sureties for the debt—”
[72] ἐπίσχες: αὐτίκα γὰρ καθ᾽ ἕκαστον ἀναγνώσει. τουτὶ πάντων, ὦ ἄνδρες δικασταί, τῶν γεγραμμένων ἐν τῷ νόμῳ σχεδόν ἐστι δεινότατον. οἶμαι γὰρ οὐδὲ ἕν᾽ ἀνθρώπων ἄλλον τολμῆσαι, νόμον εἰσφέροντ᾽ ἐπὶ τῷ χρῆσθαι τοὺς πολίτας αὐτῷ, τὰς κατὰ τοὺς πρότερον κυρίους νόμους κρίσεις γεγενημένας ἐπιχειρῆσαι λύειν. τοῦτο τοίνυν οὑτοσὶ Τιμοκράτης ἀναιδῶς καὶ οὐδ᾽ ἀποκρυψάμενος πεποίηκεν, γράψας διαρρήδην ‘καὶ εἴ τινι τῶν ὀφειλόντων τῷ δ
ημοσίῳ προστετίμηται κατὰ νόμον ἢ κατὰ ψήφισμα δεσμοῦ ἢ τὸ λοιπὸν προστιμηθῇ.’
[72] Stop; you shall read it clause by clause presently. This, gentlemen of the jury, is very nearly the most scandalous provision of the whole statute. I do not think that any other man, when introducing a law for the use of his fellow-citizens, ever ventured upon an attempt to rescind judgements passed under earlier statutes. Yet that is what the defendant Timocrates has done without shame and even without concealment, inserting these plain words: “if the additional penalty of imprisonment has been or shall hereafter be inflicted in pursuance of any law or decree upon any person in debt to the treasury.”
[73] περὶ μὲν δὴ τῶν μελλόντων εἴ τι δίκαιον ἔπεισεν ὑμᾶς, οὐκ ἂν ἠδίκει: περὶ δ᾽ ὧν δικαστήριον ἔγνωκεν καὶ τέλος ἔσχηκεν, πῶς οὐ δεινὰ ποιεῖ νόμον εἰσφέρων δι᾽ οὗ ταῦτα λυθήσεται; ὥσπερ ἂν εἴ τις ἐάσας κύριον τὸν τούτου γενέσθαι νόμον γράψει᾽ ἕτερον τοιόνδε ‘καὶ εἴ τινες, ὠφληκότες χρήματα καὶ δεσμοῦ προστετιμημένον αὐτοῖς, ἐγγυητὰς κατέστησαν κατὰ τὸν νόμον, μὴ εἶναι τὴν διεγγύησιν αὐτοῖς, μηδὲ τὸ λοιπὸν ἐξεγγυᾶν μηδένα.’