Delphi Complete Works of Demosthenes

by Demosthenes

  [183] Not only is he lost to shame when money is in question, but he is so dull-witted that he cannot see that crowns are a symbol of merit, but saucers and the like only of wealth; that every crown, however small, implies the same regard for honor as if it were large; that drinking-cups and censers and such possessions, if very numerous, attach to their owners a sort of reputation for wealth; but, if a man takes pride in trifles, instead of winning some honor by them, he is disdained as a man of vulgar tastes. This man, then, after destroying the possessions of honor, has made the possessions of wealth mean and unworthy of your dignity.

  [184] καὶ οὐδ᾽ ἐκεῖν᾽ εἶδεν, ὅτι πρὸς μὲν χρημάτων κτῆσιν οὐδεπώποθ᾽ ὁ δῆμος ἐσπούδασεν, πρὸς δὲ δόξης ὡς οὐδὲ πρὸς ἓν τῶν ἄλλων. τεκμήριον δέ: χρήματα μὲν γὰρ πλεῖστα τῶν Ἑλλήνων ποτὲ σχὼν ἅπανθ᾽ ὑπὲρ φιλοτιμίας ἀνήλωσεν, ὑπὲρ δὲ δόξης εἰσφέρων ἐκ τῶν ἰδίων οὐδένα πώποτε κίνδυνον ἐξέστη. ἀφ᾽ ὧν κτήματ᾽ ἀθάνατ᾽ αὐτῷ περίεστιν, τὰ μὲν τῶν ἔργων ἡ μνήμη, τὰ δὲ τῶν ἀναθημάτων τῶν ἐπ᾽ ἐκείνοις σταθέντων τὸ κάλλος, προπύλαια ταῦτα, ὁ παρθενών, στοαί, νεώσοικοι, οὐκ ἀμφορίσκοι δύο οὐδὲ χρυσίδες τέτταρες ἢ τρεῖς, ἄγουσ᾽ ἑκάστη μνᾶν, ἅς, ὅταν σοι δοκῇ, πάλιν γράψεις καταχωνεύειν.

  [184] There is another thing that he did not understand, that the Athenian democracy, never eager to acquire riches, coveted glory more than any other possession in the world. Here is the proof: once they possessed greater wealth than any other Hellenic people, but they spent it all for love of honor; they laid their private fortunes under contribution, and recoiled from no peril for glory’s sake. Hence the People inherits possessions that will never die; on the one hand the memory of their achievements, on the other, the beauty of the memorials set up in their honor, — yonder Gate-houses, the Parthenon, the porticoes, the docks — not a couple of jugs, or three or four bits of gold plate, weighing a pound apiece, which you, Timocrates, will propose to melt down again whenever the whim takes you.

  [185] οὐ γὰρ ἑαυτοὺς δεκατεύοντες, οὐδ᾽ ἃν καταράσαινθ᾽ οἱ ἐχθροὶ ποιοῦντες, διπλᾶς πράττοντες τὰς εἰσφοράς, ταῦτ᾽ ἀνέθεσαν, οὐδ᾽ οἵοισπερ σὺ χρώμενοι συμβούλοις ἐπολιτεύοντο, ἀλλὰ τοὺς ἐχθροὺς κρατοῦντες, καὶ ἃ πᾶς τις ἂν εὖ φρονῶν εὔξαιτο, τὴν πόλιν εἰς ὁμόνοιαν ἄγοντες, ἀθάνατον κλέος αὑτῶν λελοίπασι, τοὺς ἐπιτηδεύοντας οἷά σοι βεβίωται τῆς ἀγορᾶς εἴργοντες.

  [185] To dedicate those buildings they did not tithe themselves, nor fulfil the imprecations of their enemies by doubling the income-tax; nor was their policy ever guided by such advisers as you. No, they conquered their enemies, they fulfilled the prayers of every sound-hearted man by establishing concord throughout the city, and so they have bequeathed to us their imperishable glory,and excluded from the marketplace men whose habits of life were what yours have always been.

  [186] ὑμεῖς δ᾽ εἰς τοσοῦτον, ὦ ἄνδρες Ἀθηναῖοι, προῆχθ᾽ εὐηθείας καὶ ῥᾳθυμίας ὥστ᾽ οὐδὲ τοιαῦτ᾽ ἔχοντες παραδείγματα ταῦτα μιμεῖσθε, ἀλλ᾽ Ἀνδροτίων ὑμῖν πομπείων ἐπισκευαστής, Ἀνδροτίων, ὦ γῆ καὶ θεοί. καὶ τοῦτ᾽ ἀσέβημ᾽ ἔλαττον τίνος ἡγεῖσθε; ἐγὼ μὲν γὰρ ἡγοῦμαι δεῖν τὸν εἰς ἱέρ᾽ εἰσιόντα καὶ χερνίβων καὶ κανῶν ἁψόμενον, καὶ τῆς πρὸς τοὺς θεοὺς ἐπιμελείας προστάτην ἐσόμενον οὐχὶ τακτὸν ἡμερῶν ἀριθμὸν ἁγνεύειν, ἀλλὰ τὸν βίον ἡγνευκέναι τοιούτων ἐπιτηδευμάτων οἷα τούτῳ βεβίωται.

  [186] But you, men of Athens, have grown so extremely good-natured and pliable, that, with those examples ever before you, you do not imitate them, — and Androtion is the repairer of your processional plate. Androtion! Gracious Heavens! Do you think impiety could go further than that? I hold that the man who is to enter the holy places, to lay hands on the vessels of lustration and the sacrificial baskets, and to become the director of divine worship, ought not to be pure for a prescribed number of days only his whole life should have been kept pure of the habits that have polluted the life of Androtion.

  [187] καὶ περὶ μὲν τούτου κατὰ σχολήν: ἃ δὲ Τιμοκράτης νῦν ἐρεῖ, πολλὰ λέγειν ἔτι πρὸς τούτοις ἔχων παύσομαι. οἶδα δ᾽ ὅτι, ὡς μὲν οὐκ ἀσύμφορος ὑμῖν ἐσθ᾽ ὁ νόμος καὶ παρὰ πάντας τοὺς νόμους εἰσενηνεγμένος καὶ κατὰ πάντ᾽ ἀδίκως ἔχων, οὐχ ἕξει λέγειν: ἀκούω δ᾽ αὐτὸν λέγειν ὡς ἐκτέτεισται τὰ χρήματ᾽ Ἀνδροτίωνι καὶ Γλαυκέτῃ καὶ Μελανώπῳ, καὶ ὅτι δεινότατ᾽ ἂν πάθοι πάντων ἀνθρώπων, εἰ πεποιηκότων ἐκείνων τὰ δίκαια, ὑπὲρ ὧν αὐτὸς αἰτίαν ἔχει θεῖναι τὸν νόμον, μηδὲν ἧττον αὐτὸς ἁλίσκοιτο.

  [187] Of Androtion I may speak at greater length hereafter. As for what he will say in support of Timocrates, I have still much more to say, but I will refrain. I am sure that he will not be able to deny that this law is undesirable, that it was introduced unconstitutionally, and that it is iniquitous in every respect; but I understand that he alleges that the money has now been paid in full by Androtion, Glaucetes, and Melanopus, and that he would be most infamously treated if, when the people on whose behalf he is accused of proposing his law have made full restitution, he should nevertheless be convicted.

  [188] ἐγὼ δὲ τὸν λόγον ἡγοῦμαι τοῦτον οὐδὲ καθ᾽ ἓν λέγειν ἐνεῖναι τούτῳ. εἰ μὲν γὰρ ὑπὲρ τούτων, οὓς τὰ προσήκοντα φῂς πεποιηκέναι, θεῖναι τὸν νόμον ὁμολογεῖς, κατ᾽ ἐκεῖνο προσήκει σ᾽ ἁλίσκεσθαι φανερῶς, ὅτι μὴ τιθέναι νόμον, ἂν μὴ τὸν αὐτὸν ἐπὶ πᾶσι τοῖς πολίταις, ἄντικρυς οἱ κύριοι νόμοι λέγουσι, καθ᾽ οὓς οὗτοι δικάσειν ὀμωμόκασιν.

  [188] In my judgement, it is not open to him to make the slightest use of that plea. — If you, sir, admit that you did bring in your law on behalf of the persons who, as you say, have now done their duty, you must clearly be found guilty on this count, — that statutes still valid distinctly forbid you to introduce a law that does not apply equally to every citizen; and the jury have sworn to give judgement in accordance with those statutes.

  [189] εἰ δὲ τοῦ πᾶσι συμφέροντος εἵνεκα ταῦτα νομοθετῆσαι φήσεις, μὴ λέγε τὴν ἔκτισιν τὴν τούτων: οὐδὲν γὰρ κοινωνεῖ τῷ νόμῳ τῷδε: ἀλλ᾽ ὡς ἐπιτήδειός ἐστιν καὶ καλῶς ἔχων ὁ νόμος, τοῦτο δίδασκε. τοῦτο γάρ ἐσθ᾽ ὑπὲρ οὗ σὺ μὲν εἰσενεγκεῖν φῄς, ἐγὼ δὲ γέγραμμαι τἀναντία φάσκων, κρῖναι δὲ προσήκει τουτουσί. καίτοι καὶ τοῦτ᾽ οὐκ ἀπορήσαιμ᾽ ἂν δεῖξαι, πάντα μᾶλλον ἢ κατὰ τοὺς νόμους πεποιημένο
υς τὴν ἔκτισιν ἐκείνους τὴν τῶν χρημάτων: ἀλλὰ μὴ περὶ τούτων ὑμῶν οἰσόντων τὴν ψῆφον, τί δεῖ ταῦτα λέγοντ᾽ ἐνοχλεῖν με νυνί;

  [189] On the other hand, if you say that you legislated for the general good, you must not plead the payment made by these men, — it has nothing to do with your law, — you must prove that the law itself is acceptable and well conceived. That is the motive you allege; that is what I deny, and have therefore indicted you; that is the issue which the jury is to decide. — I should, indeed, have no difficulty in proving that respect for law is by no means the reason why these persons have paid their debt; but as that is not the question on which the jury have to vote, why trouble them by discussing it now?

  [190] οἶμαι τοίνυν αὐτὸν οὐδ᾽ ἐκείνων ἀφέξεσθαι τῶν λόγων, ὡς δείν᾽ ἂν πάθοι, εἰ γράψας ὅπως Ἀθηναίων μηδεὶς δεθήσεται αὐτὸς πείσεταί τι κακόν, καὶ ὅτι τοὺς νόμους ὡς πραοτάτους καὶ μετριωτάτους εἶναι ὑπὲρ τῶν ἀδυνάτων μάλιστ᾽ ἐστίν. πρὸς δὴ τοὺς τοιούτους λόγους βέλτιον ἀκηκοέναι μικρὰ πάντας ὑμᾶς, ἵν᾽ ἧττον ἐξαπατᾶσθε.

  [190] He will not, I suppose, spare you the argument that it would be very hard on him to be punished for proposing that no Athenian citizen shall be sent to jail; and that it is for the benefit more especially of people without influence that laws should be as merciful and humane as possible. To avoid being led astray, you will do well to listen to a brief rejoinder to that plea.

  [191] ὅταν μὲν γὰρ λέγῃ, ὅπως μηδεὶς Ἀθηναίων δεθήσεται, μὴ λανθανέτω ψευδόμενος ὑμᾶς. οὐ γὰρ τοῦτο τέθηκεν, ἀλλ᾽ ὅπως ὑμεῖς ἄκυροι τῶν προστιμημάτων ἔσεσθε: καὶ τὴν μεθ᾽ ὅρκου καὶ λόγου καὶ κρίσεως ψῆφον ἐνηνεγμένην ἀνάδικον καθίστησιν. μὴ δὴ ταῦθ᾽ ὑμῖν τῶν ἐκ τοῦ νόμου ῥημάτων ἐκλέξας λεγέτω, ἃ φιλανθρωπότατ᾽ ἐστὶν ἀκοῦσαι: ἀλλ᾽ ὅλον δεικνύτω τὸν νόμον ἑξῆς, καὶ τὰ συμβαίνοντ᾽ ἐξ αὐτοῦ σκοπεῖν ἐάτω. εὑρήσετε γὰρ ταῦτ᾽ ὄνθ᾽ ἃ ἐγὼ λέγω, καὶ οὐχ ἅ φησιν οὗτος.

  [191] For when he uses the phrase, “that no Athenian citizen shall be sent to jail,” do not forget that he is lying. That is not his proposal; it is that you jurors shall lose your control over penalties. He is trying to establish the right of appeal against a verdict returned on oath, after argument and trial. Do not let him pick out of his law and read a few phrases that have a benevolent sound to the ear let him produce the whole statute, clause by clause, and allow you to consider its effects. You will find that it is what I describe, not what he pretends.

  [192] ἀλλὰ μὴν πρός γε τὸ τοῖς πολλοῖς συμφέρειν τοὺς νόμους πράους καὶ μετρίους εἶναι τάδε χρὴ σκοπεῖν. ἔστιν, ὦ ἄνδρες Ἀθηναῖοι, δύ᾽ εἴδη περὶ ὧν εἰσιν οἱ νόμοι κατὰ πάσας τὰς πόλεις: ὧν τὸ μέν ἐστιν, δι᾽ ὧν χρώμεθ᾽ ἀλλήλοις καὶ συναλλάττομεν καὶ περὶ τῶν ἰδίων ἃ χρὴ ποιεῖν διωρίσμεθα καὶ ζῶμεν ὅλως τὰ πρὸς ἡμᾶς αὐτούς, τὸ δέ, ὃν τρόπον δεῖ τῷ κοινῷ τῆς πόλεως ἕν᾽ ἕκαστον ἡμῶν χρῆσθαι, ἂν πολιτεύεσθαι βούληται καὶ φῇ κήδεσθαι τῆς πόλεως.

  [192] Again, with regard to the plea that merciful and humane laws are good for the common people, you must consider this. There are two sorts of problems, men of Athens, with which the laws of all nations are concerned. First, what are the principles under which we associate with one another, have dealings with one another, define the obligations of private life, and, in general, order our social relations? Secondly, what are the duties that every man among us owes to the commonwealth, if he chooses to take part in public life and professes any concern for the State?

  [193] ἐκείνους μὲν τοίνυν τοὺς νόμους τοὺς περὶ τῶν ἰδίων ἠπίως κεῖσθαι καὶ φιλανθρώπως ὑπὲρ τῶν πολλῶν ἐστιν: τούσδε δὲ τοὺς περὶ τῶν πρὸς τὸ δημόσιον τοὐναντίον ἰσχυρῶς καὶ χαλεπῶς ἔχειν ὑπὲρ ὑμῶν ἐστιν: οὕτω γὰρ ἂν ἥκισθ᾽ οἱ πολιτευόμενοι τοὺς πολλοὺς ὑμᾶς ἀδικοῖεν. ὅταν δὴ τούτῳ τῷ λόγῳ χρῆται, ἐπὶ ταῦτ᾽ ἀπαντᾶτε, ὅτι τοὺς νόμους οὐκ ἐκείνους τοὺς ὑπὲρ ὑμῶν πράους ποιεῖ, ἀλλὰ τούσδ᾽ οἳ τοῖς πολιτευομένοις φόβον παρέχουσιν.

  [193] Now it is to the advantage of the common people that laws of the former category, laws of private intercourse, shall be distinguished by clemency and humanity. On the other hand it is to your common advantage that laws of the second class, the laws that govern our relations to the State, shall be trenchant and peremptory, because, if they are so, politicians will not do so much harm to the commonalty. Therefore, when he makes use of this plea, refute it by telling him that he is introducing clemency, not into the laws that benefit you, but into the laws that intimidate politicians.

  [194] πολλὰ δ᾽ ἄν τις ἔχοι λέγειν, εἰ καθ᾽ ἕκαστον ὧν ἐρεῖ δεικνύναι βούλοιτο φενακισμοῦ καὶ παρακρούσεως εἵνεκα ῥηθησόμενα. ἀλλὰ τὰ μὲν πολλὰ παρήσω, κεφάλαιον δ᾽ ὑμῖν ὃ μνημονεύσετ᾽ ἐρῶ. σκοπεῖτ᾽ ἐν ἅπασι τοῖς λόγοις, ὁπόσους ἂν λέγῃ, εἴ τι δυνήσεται τοιοῦτον εἰπεῖν δι᾽ οὗ διδάξει ὡς ἔστι δίκαιον τὸν τιθέντα νόμον ταὐτὰ προστάξαι περὶ τῶν παρεληλυθότων καὶ τέλος ἐσχηκότων καὶ περὶ τῶν μελλόντων γενήσεσθαι: πάντων γὰρ ὄντων αἰσχρῶν καὶ δεινῶν τῶν γεγραμμένων ἐν τῷ νόμῳ, τοῦτο δεινότατον καὶ μάλιστα παράνομον γέγραπται.

  [194] It would take a long speech to prove, point by point, that everything he will say will be intended to hoodwink and mislead you. Most of his topics I will pass over, but I will mention one leading point which you will bear in mind. Watch all his pleas, however various, and see if he will be able to advance one to prove his contention that a legislator may justly make the same ordinance for bygone issues, already determined, as for cases yet to come. Every clause of his law is infamous and outrageous; but that provision is the most outrageous and unconstitutional of all.

  [195] εἰ δὲ μήθ᾽ οὗτος μήτ᾽ ἄλλος μηδεὶς τοῦτο δυνήσεται δεῖξαι, εἰδέναι χρὴ σαφῶς φενακιζομένους, καὶ λογίζεσθαι πρὸς ὑμᾶς αὐτοὺς ἐκ τίνος ποτ᾽ ἐπῆλθε τούτῳ τοιαῦτα νομοθετεῖν. οὐ προῖκ᾽, ὦ Τιμόκρατες, πόθεν; οὐδ᾽ ὀλίγου δεῖ, τοῦτον ἔθηκας τὸν νόμον: οὐδεμίαν γὰρ ἂν εἰπεῖν ἔχοις ἄλλην πρόφασιν δι᾽ ἣν τοιοῦτον ἐπήρθης εἰσενεγκεῖν νόμον, ἢ τὴν σαυτοῦ θεοῖς ἐχθρὰν αἰσχροκέρδειαν: οὔτε γὰρ συγγενὴς οὔτ᾽ οἰκεῖος οὔτ᾽ ἀναγκαῖος ἦν σοι τούτων οὐδείς.

  [195] But, if neither the defendant nor
any other man can make good that contention, you must clearly recognize that you are being deluded, and you must ask yourselves how it ever occurred to his mind to legislate in this fashion. — You did not bring in your law gratuitously, Timocrates. No, indeed! far from it. You can offer no excuse for daring to introduce such a measure, except that cursed greediness of yours. Not one of these men is your kinsman, or a member of your household, or has any natural claim on you.

  [196] οὐδ᾽ ἐκεῖν᾽ ἂν ἔχοις εἰπεῖν, ὡς ἐλεήσας δεινὰ πάσχοντας ἀνθρώπους εἵλου διὰ ταῦτα βοηθεῖν αὐτοῖς: οὔτε γὰρ τὰ τούτων πολλοστῷ χρόνῳ μόλις ἄκοντας, ἐν τρισὶν ἐξελεγχθέντας δικαστηρίοις, κατατιθέναι, τοῦθ᾽ ἡγήσω τὸ δεινὰ πάσχειν εἶναι: ποιεῖν γάρ ἐστι τοῦτό γε δεινά, καὶ παροξύνειεν μᾶλλον ἄν τινα μισεῖν ἢ προτρέψει᾽ ἐλεεῖν: οὔτ᾽ ἄλλως πρᾶος καὶ φιλάνθρωπος σύ τις τῶν ἄλλων διαφόρως ὢν ἐλεεῖς αὐτούς: