by Demosthenes
[156] He invented the method which he has actually employed, that of overthrowing old laws by a new one, in the hope that his iniquities might be described as preservative. It is true that the city is preserved by laws; and the thing he introduced, though widely different from other laws, certainly was a law. He saw that the beneficent associations of that name were bound to win your approval; and he did not choose to see that in its actual effect it would be found very different.
[157] φέρε γὰρ πρὸς Διός, ἔστιν ὅστις ἂν ἢ πρόεδρός ποτ᾽ ἐπεψήφισεν ἢ πρύτανις τούτων τι τῶν ἐν τῷ νόμῳ γεγραμμένων; ἐγὼ μὲν οὐδέν᾽ ἂν οἶμαι. πῶς οὖν τοῦθ᾽ ὑπέδυ; νόμον ἔθετ᾽ ὄνομα τοῖς αὑτοῦ κακουργήμασιν. οὐ γὰρ ἁπλῶς, οὐδ᾽ ὅπως ἔτυχον, ποιοῦσι κακῶς ὑμᾶς, ἀλλ᾽ ἐσκεμμένως καὶ τοῦτ᾽ αὐτὸ πράττοντες, οὐχ οὗτοι μόνον, ἀλλὰ πολλοὶ τῶν πολιτευομένων, οἳ τούτῳ παριόντες αὐτίκα δὴ μάλα συναπολογήσονται, οὐ μὰ Δί᾽ οὐ Τιμοκράτει χαρίσασθαι βουλόμενοι, πόθεν; ἀλλ᾽ αὑτῷ συμφέρειν ἕκαστος ἡγούμενος τὸν νόμον. ὥσπερ τοίνυν οὗτοι σφίσιν αὐτοῖς βοηθοῦσιν ἐφ᾽ ὑμᾶς, οὕτω δεῖ καὶ ὑμᾶς ὑμῖν αὐτοῖς βοηθεῖν.
[157] But tell me this, — is there any chairman or any president who would ever have put to the vote the proposals contained in his law? I should say, none. Then how did the thing slip through? He gave the name of law to his own knaveries. For these men do not injure you artlessly or casually, but deliberately and of set purpose; and I do not mean these men alone, but a great company of politicians, who will shortly appear and reinforce the defence, — not, I need hardly say, because they want to oblige Timocrates, — why should they? — but because every man of them imagines that Timocrates’ law will serve his own purposes. As these people, then, rally round one another to your prejudice, so it is your business to rally round yourselves.
[158] καίτοι ἀνερωτῶντός τινος αὐτὸν ὅτου ἕνεκα τοιαῦτ᾽ ἠθέλησε γράφειν, καὶ διεξιόντος ὡς χαλεπὸν τὸν ἀγῶν᾽ ὑπολαμβάνοι τόνδε, τετυφῶσθαι τὸν ταῦτα λέγοντ᾽ ἔφη: συμπαρέσεσθαι γὰρ Ἀνδροτίων᾽ ἑαυτῷ, καὶ τοιούτους λόγους σχολὴν ἄγοντ᾽ ἐσκέφθαι περὶ πάντων ὥστ᾽ εὖ εἰδέναι ὅτι οὐδὲν αὐτῷ γενήσοιτο φλαῦρον ἀπὸ τῆς γραφῆς τῆσδε.
[158] Somebody asked him for what purpose he had chosen to bring forward such a proposal, and tried to explain to him that he had a difficult task before him in this trial. His reply was: “You talk like a fool. Androtion will be there to help me; and he has thought out at leisure such fine arguments on every point, that I am quite certain that no harm will come to me from this indictment.”
[159] καὶ δῆτα καὶ τεθαύμακα τὴν ἀναισχυντίαν τὴν τούτου τε κἀκείνου, τοῦ μέν, εἰ καλεῖ, τοῦ δέ, εἰ πάρεισι καὶ συναπολογήσεται. μαρτυρία γὰρ δήπου φανερὰ γενήσεται πᾶσιν ὑμῖν ὅτι τὸν νόμον τούτου ἕνεκ᾽ ἐτίθει, ἀλλ᾽ οὐκ ἐπὶ πᾶσι τὸν αὐτόν. ὅμως δὲ καὶ περὶ τῶν ἐκείνῳ πεπολιτευμένων ὑμᾶς μικρὰ βέλτιόν ἐστιν ἀκοῦσαι, καὶ τούτων ταῦθ᾽ ὧν κεκοινώνηκεν οὗτος, καὶ δι᾽ ἃ τοῦτον οὐδὲν ἧττον ἐκείνου δικαίως ἂν μισοῖτε. λέξω δ᾽ οὐδὲν ὧν ἀκηκόαθ᾽ ὑμεῖς, εἰ μή τινες ἄρ᾽ ἐπὶ τοῖς Εὐκτήμονι γιγνομένοις ἀγῶσι παρῆσαν.
[159] I am simply amazed at the effrontery of the pair of them, — of Timocrates, if he calls Androtion, and of Androtion, if he appears and speaks for the defence; for, of course, you will then have the clearest testimony that Timocrates proposed his law for the special benefit of Androtion, not as a law of general application. Nevertheless, it will be useful to you to hear a brief account of Androtion’s political performances, including those in which the defendant took part, and for which he, no less than the other, should be the just object of your detestation. I will tell you nothing that you have heard already, unless indeed any of you were in court at the trials of Euctemon.
[160] καὶ πρῶτον μέν, ἐφ᾽ ᾧ μέγιστον φρονεῖ, τὴν τῶν χρημάτων εἴσπραξιν ἐξετάσωμεν αὐτοῦ, ἣν μετὰ τούτου τοῦ χρηστοῦ πάντας εἰσέπραξεν ὑμᾶς. αἰτιασάμενος γὰρ Εὐκτήμονα τὰς ὑμετέρας ἔχειν εἰσφοράς, καὶ τοῦτ᾽ ἐξελέγξειν ἢ παρ᾽ ἑαυτοῦ καταθήσειν ὑποσχόμενος, καταλύσας ψηφίσματι κληρωτὴν ἀρχὴν ἐπὶ τῇ προφάσει ταύτῃ, ἐπὶ τὴν εἴσπραξιν παρέδυ, καὶ τοῦτον προὐβάλετο, εἰπὼν τὴν τοῦ σώματος ἀρρωστίαν, ἵν᾽, ἔφη, συνδιοικῇ μοι.
[160] Let us first of all inquire into the exploit on which he chiefly prides himself, — his collection of the money which he extracted from all of you, with the help of this honorable gentleman. Having accused Euctemon of retaining revenue money in his own hands, he promised that he would either make good the charge, or pay the money out of his own pocket; and on that pretext he turned out a magistrate appointed by lot, and insinuated himself into the tax-collecting business. He also proposed the appointment of Timocrates, pleading his own ill-health; “I shall be glad of his help in the work of the office,” he said.
[161] δημηγορίαν δ᾽ ἐπὶ τούτοις ποιούμενος, ὡς ἔστι τριῶν αἵρεσις, ἢ τὰ πομπεῖα κατακόπτειν ἢ πάλιν εἰσφέρειν ἢ τοὺς ὀφείλοντας εἰσπράττειν, αἱρουμένων εἰκότως ὑμῶν τοὺς ὀφείλοντας εἰσπράττειν, ταῖς ὑποσχέσεσιν κατέχων καὶ διὰ τὸν καιρὸν ὃς ἦν τότ᾽ ἔχων ἐξουσίαν, τοῖς μὲν κειμένοις νόμοις περὶ τούτων οὐκ ᾤετο δεῖν χρῆσθαι, οὐδ᾽, εἰ μὴ τούτους ἐνόμιζ᾽ ἱκανούς, ἑτέρους τιθέναι, ψηφίσματα δ᾽ εἶπεν ἐν ὑμῖν δεινὰ καὶ παράνομα, δι᾽ ὧν ἠργολάβει, προσαγωγεῖ τούτῳ χρώμενος τῶν λημμάτων.
[161] He made a speech to the people on that occasion, advising you that you had the choice of three courses, either to break up the processional plate, or to pay your taxes over again, or to recover arrears from defaulters. You naturally preferred to collect your debts; and as by virtue of his promises he had the upper hand, and enjoyed special powers to suit the emergency, he did not think proper to observe the statutes made and provided for such business, nor, if he considered them unsatisfactory, to propose new ones. Instead of that, he moved at the Assembly some truculent and unconstitutional decrees, and used those decrees for jobbery, with Timocrates as his jackal.
[162] καὶ πολλὰ τῶν ὑμετέρων κέκλοφεν μετὰ τούτου, γράψας τοὺς ἕνδεκα καὶ τοὺς ἀποδέκτας καὶ τοὺς ὑπηρέτας ἀκολουθεῖν μεθ᾽ αὑτοῦ. εἶτ᾽ ἔχων τούτους ἦγ᾽ ἐπὶ τὰς ὑμετέρας οἰκίας, καὶ σύ, ὦ Τιμόκρατες, συνηκολούθεις μόνος τῶν συναρχόντων δέκ᾽ ὄντων. καὶ μηδεὶς ὑπολαμβανέτω με λέγειν ὡς οὐ χρ�
�ν εἰσπράττειν τοὺς ὀφείλοντας. χρῆν γάρ. ἀλλὰ πῶς; ὡς ὁ νόμος ἀγορεύει: τῶν ἄλλων ἕνεκα: τοῦτο γάρ ἐστι δημοτικόν. οὐ γὰρ τοσοῦτον, ὦ ἄνδρες Ἀθηναῖοι, πέντε ταλάντων ὑμῖν, ὧν οὗτοι τότ᾽ εἰσέπραξαν, τεθέντων ὠφέλησθε, ὅσον βέβλαφθε τοιούτων ἐθῶν εἰς τὴν πολιτείαν εἰσαγομένων.
[162] With the help of this man he has stolen a great deal of your property, for he had included in his decree an order that the police-magistrates, the receivers, and their clerks, should all follow his instructions. Taking these officers with him, he proceeded to invade your dwelling-houses; and you, Timocrates, were the only one of his colleagues, though there were ten of them, who went with him. And let no one suppose that I am hinting that payment ought not to be exacted from defaulters. It ought; but how? As the law directs, and disinterestedly; that is the democratic way. Men of Athens, you got far less benefit from the five talents that this man collected, than injury from the practices that he introduced into your government.
[163] εἰ γὰρ θέλετ᾽ ἐξετάσαι τίνος εἵνεκα μᾶλλον ἄν τις ἕλοιτ᾽ ἐν δημοκρατίᾳ ζῆν ἢ ἐν ὀλιγαρχίᾳ, τοῦτ᾽ ἂν εὕροιτε προχειρότατον, ὅτι πάντα πραότερ᾽ ἐν δημοκρατίᾳ. ὅτι μὲν τοίνυν τῆς ὅπου βούλεσθ᾽ ὀλιγαρχίας πολλῷ ἀσελγέστερα καὶ δεινότερ᾽ ἐποίουν οὗτοι, παραλείψω. ἀλλὰ παρ᾽ ἡμῖν πότε πώποτε δεινότατ᾽ ἐν τῇ πόλει γέγονεν;
[163] For if you care to inquire why a man would rather live under democracy than under oligarchy, you will find that the most obvious reason is that under democracy things are done more considerately. I will not insist that the conduct of these men was more outrageous and intolerable than under any oligarchy, no matter where. But take our own city: at what time was the greatest severity practised here? I am sure you will all reply, in the days of the Thirty Tyrants.
[164] εὖ οἶδ᾽ ὅτι ἐπὶ τῶν τριάκοντα ἅπαντες ἂν εἴποιτε. τότε τοίνυν, ὡς ἔστιν ἀκούειν, οὐδεὶς ἔστιν ὅστις ἀπεστερεῖτο τοῦ σωθῆναι, ὅστις ἑαυτὸν οἴκοι κρύψειεν, ἀλλ᾽ αὐτὸ τοῦτο κατηγοροῦσι τῶν τριάκοντα, ὅτι τοὺς ἐκ τῆς ἀγορᾶς ἀδίκως ἀπῆγον. οὗτοι τοίνυν τοσαύτην ὑπερβολὴν ἐποιήσαντ᾽ ἐκείνων τῆς αὑτῶν πονηρίας ὥστ᾽ ἐν δημοκρατίᾳ πολιτευόμενοι τὴν ἰδίαν οἰκίαν ἑκάστῳ δεσμωτήριον καθίστασαν, τοὺς ἕνδεκ᾽ ἄγοντες ἐπὶ τὰς οἰκίας.
[164] And yet, even at that time, as we are told, no man who had concealed himself in his own house was deprived of his security; indeed, the particular charge brought against the Thirty is that they wrongfully carried men to jail from the market-place. But these men carried their atrocity to far greater lengths than that, insomuch that, under democratic government, they made every man’s house his prison, bringing the police into our very homes.
[165] καίτοι, ὦ ἄνδρες Ἀθηναῖοι, τί οἴεσθ᾽ ὁπότ᾽ ἄνθρωπος πένης ἢ καὶ πλούσιος, πολλὰ δ᾽ ἀνηλωκὼς καί τιν᾽ ἴσως τρόπον εἰκότως οὐκ εὐπορῶν ἀργυρίου, μὴ μόνον εἰς τὴν ἀγορὰν φοβοῖτ᾽ ἐμβαλεῖν, ἀλλὰ μηδ᾽ οἴκοι μένειν ἀσφαλὲς ἡγοῖτο, ὁ δὲ τούτων αἴτιος Ἀνδροτίων εἴη, ὃν οὐδ᾽ ὑπὲρ αὑτοῦ δίκην ἐᾷ λαβεῖν τὰ πεπραγμένα καὶ βεβιωμένα, μή τί γ᾽ ὑπὲρ τῆς πόλεως εἰσπράττειν εἰσφοράς;
[165] What do you think of this, men of Athens? A poor man, or, for the matter of that, a rich man, who had spent a great deal and was, perhaps, in a certain sense short of money, was not only afraid to show himself in the market-place, but found it unsafe even to stay at home. And to think that Androtion was responsible for those fears, — Androtion, whose past life and conduct disqualify him for seeking satisfaction at law even for himself, much more for imposing Property-taxes for the State.
[166] καίτοι εἴ τις ἔροιτ᾽ αὐτὸν ἢ σέ, ὦ Τιμόκρατες, τὸν ἐπαινέτην τούτων καὶ συνεργόν, τὰς εἰσφορὰς πότερον τὰ κτήματ᾽ ἢ τὰ σώματ᾽ ὀφείλει, τὰ κτήματα φήσαιτ᾽ ἄν, εἴπερ ἀληθῆ λέγειν βούλοισθε: ἀπὸ γὰρ τούτων εἰσφέρομεν. τίνος οὖν ἕνεκ᾽, ὦ κάκιστοι πάντων ἀνθρώπων, ἀφέντες τὸ τὰ χωρία δημεύειν καὶ τὰς οἰκίας καὶ ταῦτ᾽ ἀπογράφειν, ἐδεῖτε καὶ ὑβρίζετε πολίτας ἀνθρώπους καὶ τοὺς ταλαιπώρους μετοίκους, οἷς ὑβριστικώτερον ὑμεῖς ἢ τοῖς οἰκέταις τοῖς ὑμετέροις αὐτῶν ἐχρῆσθε;
[166] If anyone asked him, — or asked you, Timocrates, the apologist and abettor of that gang, — whether our property or our persons are amenable to taxation, you would reply, if you chose to tell the truth, our property, because it is from our property that we pay. Then why, you unparalleled scoundrels, instead of confiscating estates and houses, and putting them on the schedule, did you imprison and maltreat men who were full citizens, as well as those unhappy aliens, whom you treated more outrageously than your own domestic slaves?
[167] καὶ μὴν εἰ θέλετε σκέψασθαι παρ᾽ ὑμῖν αὐτοῖς, ὦ ἄνδρες δικασταί, τί δοῦλον ἢ ἐλεύθερον εἶναι διαφέρει, τοῦτο μέγιστον ἂν εὕροιτε, ὅτι τοῖς μὲν δούλοις τὸ σῶμα τῶν ἀδικημάτων ἁπάντων ὑπεύθυνόν ἐστιν, τοῖς δ᾽ ἐλευθέροις ὕστατον τοῦτο προσήκει κολάζειν. οἱ δὲ τοὐναντίον εἰς τὰ σώματα, ὥσπερ ἀνδραπόδοις, ἐποιήσαντο τὰς τιμωρίας.
[167] If, gentlemen of the jury, you will turn over in your minds the question what is the difference between being a slave and being a free man, you will find that the biggest difference is that the body of a slave is made responsible for all his misdeeds, whereas corporal punishment is the last penalty to inflict on a free man. These men reversed that principle, and applied punishment to the bodies of their victims, as though they were bondservants.
[168] οὕτω δ᾽ ἀνίσως καὶ πλεονεκτικῶς ἔσχε πρὸς ὑμᾶς Ἀνδροτίων ὥστε τὸν μὲν αὑτοῦ πατέρ᾽ ᾤετο δεῖν, δημοσίᾳ δεθέντ᾽ ἐπὶ χρήμασιν ἐν τῷ δεσμωτηρίῳ, μήτ᾽ ἀποδόντα ταῦτα μήτε κριθέντ᾽ ἀποδρᾶναι, τῶν δ᾽ ἄλλων πολιτῶν τὸν μὴ δυνάμενον τὰ ἑαυτοῦ θεῖναι οἴκοθεν εἰς τὸ δεσμωτήριον ἀχθένθ᾽ ὑφ᾽ ἑαυτοῦ δεδέσθαι.
[168] Androtion’s behavior towards you was so unfair and so greedy that, whilst approving the conduct of his own father, who had been confined in jail for a debt to the State and made his escape without payment or trial, he thought it quite proper that any other citizen, who was unable to pay out of his own resources, should be dragged by him from his home to the jail and there imprisoned.
[169] καὶ Τιμοκράτης τῶν μὲν πολλῶν ἡμῶν τότε, ὅτε τὴν διπλασίαν εἰσέπραττεν, οὐδ᾽ ἂν παρ᾽ ἑνὸς λαβεῖν ἠθέλησεν ἐγγυητάς, μὴ ὅτι μέχρι τ
ῆς ἐνάτης πρυτανείας, ἀλλ᾽ οὐδὲ μιᾶς ἡμέρας, ἀλλ᾽ ἢ διπλᾶ τὰ χρήματ᾽ ἔδει καταβάλλειν ἢ παραχρῆμα δεδέσθαι: παρεδίδου δ᾽ οὗτος τοῖς ἕνδεκα τὸν οὐκ ὠφληκότ᾽ ἐν τῷ δικαστηρίῳ. νῦν δ᾽ ὅπως ὧν ἂν ὑμεῖς καταγνῶτ᾽ ἄδετοι περιίασιν, ὑπεύθυνον αὑτὸν ποιήσας νόμον εἰσενεγκεῖν ἐτόλμησεν.
[169] And Timocrates, at the time when he was levying double payment, would never have consented to accept bail, I do not say till the ninth presidency, but even for a single day, from any of us common people; we must either pay down the money or incontinently be lodged in prison. He used to hand over to the police even a man who had never been condemned in any court. Yet today he has dared, taking full responsibility, to introduce a law to enable persons on whom you have passed sentence, to go where they will in freedom.
[170] ἀλλ᾽ ὅμως κἀκεῖνα καὶ τάδε φήσουσ᾽ ὑπὲρ ὑμῶν πράττειν. εἶτα ταῦθ᾽ ὑμεῖς ἀναδέξεσθ᾽ ὑπὲρ ὑμῶν πεπρᾶχθαι, καὶ τὰ τῆς τούτων θρασύτητος καὶ πονηρίας ἔργα πράως οἴσετε; ἀλλὰ μισεῖν ὀφείλετε τοὺς τοιούτους, ὦ ἄνδρες Ἀθηναῖοι, μᾶλλον ἢ σῴζειν. τὸν γὰρ ὑπὲρ τῆς πόλεως πράττοντά τι καὶ πράων ὑμῶν τευξόμενον τὸ τῆς πόλεως ἦθος ἔχοντα δεῖ φαίνεσθαι.