by Demosthenes
[15] Stop reading. Do you hear, fellow, what it says?— “or to any one of the eponymous heroes.”
Read the deposition of the members of the tribe.” Deposition”
It is likely indeed, men of the jury, that the defendant would have regard for few persons and for those who spend most of their time at sea, as Micon does, when he felt neither fear nor shame in the presence of his tribesmen, in the first place, when administering their public business in such a way that they convicted him of embezzlement, and in the second place, although he had been fined and knew well that the laws forbade him to prefer indictments until he should pay, when defying the laws and holding that, while other state-debtors could exercise no public function, he had the right to be superior to the laws.
[16] φήσει τοίνυν τὸν πάππον, οὐχ αὑτὸν εἶναι τὸν ἐν τῷ γραμματείῳ γεγραμμένον, καὶ περὶ τούτου πολλοὺς ἐρεῖ λόγους, ὡς ἐκεῖνός ἐστιν. ἐγὼ δὲ τὸ μὲν ἀκριβές, ὁπότερός ἐστιν, οὐκ ἔχω λέγειν: εἰ δ᾽ οὖν ἐστιν ὡς οὗτος ἐρεῖ, πολὺ δικαιότερον εἶναι νομίζω καταψηφίσασθαι ὑμᾶς αὐτοῦ, εἰ ταῦθ᾽ οὕτως ἐστίν.
[16] He will, to be sure, assert that it is his grandfather and not himself who is entered on the register as a debtor to the state, and in regard to this will talk at length to prove that it is he. I myself cannot say with certainty which of the two it is; but supposing it to be as he will claim, I think that you will be under far greater obligation to convict him, if this is the case.
[17] εἰ γὰρ ὀφείλοντος αὐτῷ τοῦ πάππου πάλαι, καὶ τοῦ νόμου κελεύοντος κληρονομεῖν τοῦτον τῶν ἐκείνου, προσῆκον αὐτῷ μηδὲ πάλαι γράφεσθαι ἐγράφετο, καὶ διὰ τοῦτο οἰήσεται δεῖν ἀποφεύγειν ὅτι πονηρὸς ἐκ τριγονίας ἐστίν, οὐ δίκαια ἐρεῖ, ὦ ἄνδρες δικασταί. ὡς οὖν καὶ παρ᾽ αὐτοῦ Θεοκρίνου ὁμολογεῖται τοῦτ᾽ εἶναι τὸ ὄφλημα καὶ κατετάξατο τοῖς φυλέταις ὑπὲρ αὑτοῦ καὶ τοῦ ἀδελφοῦ, καὶ τοῖς βουλομένοις εὐορκεῖν οὐ καλῶς ἔχει ταύτην ἀπογιγνώσκειν τὴν ἔνδειξιν, λαβέ μοι τὸ ψήφισμα ὃ εἶπεν ἐν τοῖς φυλέταις Σκιρωνίδης.
[17] For if his grandfather was a state-debtor long ago and the law ordains that he be his grandfather’s heir — if, though he long ago lost the right to prefer indictments, he still continued to prefer them; and if he is going to assume that he ought to be acquitted just because he is a scoundrel of the third generation, there will be no justice in his plea, men of the jury.
To prove that it is admitted by Theocrines himself that this debt is his own and that he arranged with the members of the tribe on behalf of his brother and himself for its payment, and that no jury which has regard to its oath could honorably hold that this criminal information is without foundation, take, please, the bill which Scironides introduced in the meeting of the tribe.
[18] προσελθὼν δὲ οὑτοσὶ Θεοκρίνης ὡμολόγησεν ὀφείλειν καὶ ἐκτείσειν ἐναντίον τῶν φυλετῶν, ἐπειδὴ προσιόντας ἡμᾶς ᾔσθετο καὶ βουλομένους ἀντίγραφα τῶν ἐν τῷ γραμματείῳ γεγραμμένων λαβεῖν.”Ψήφισμα”
πολύ γ᾽ ἄν, ὦ ἄνδρες Λεωντίδαι, τοὺς ἀναγκάσαντας ἀποδοῦναι Θεοκρίνην τὰς ἑπτὰ μνᾶς ἐπῃνέσατ᾽ ἂν μᾶλλον ἢ τοῦτον.
[18] For this man Theocrines came forward, admitted the debt and in the presence of the members of the tribe promised to pay it, when he saw that we were coming up and were planning to take a copy of what stood written in the register.” Decree”
With much better reason, men of Athens, would you commend the members of the tribe Leontis, who compelled Theocrines to pay the seven minae, than this fellow himself.
[19] τέταρτος τοίνυν νόμος ἐστίν （ὁμολογῶ γὰρ τῶν τούτῳ πεπραγμένων τὰ πλεῖστα ἐξητακέναι） καθ᾽ ὃν ὀφείλει πεντακοσίας δραχμὰς Θεοκρίνης οὑτοσί, οὐκ ἐκτετεικότος αὐτῷ τοῦ πατρὸς ἃς προσῶφλεν ἀφελόμενος τὴν Κηφισοδώρου θεράπαιναν εἰς ἐλευθερίαν, ἀλλὰ διοικησαμένου πρὸς Κτησικλέα τὸν λογογράφον, ὃς ἦν ἐπὶ τοῖς τῶν ἀντιδίκων πράγμασιν, ὥστε μήτ᾽ ἐκτεῖσαι μήτ᾽ εἰς ἀκρόπολιν ἀνενεχθῆναι.
[19] There is now a fourth law （for I admit that I have looked closely into most of the things which the defendant has done） according to which this Theocrines owes five hundred drachmae, since his father had not paid a fine of that amount to which he had been sentenced for having sought to maintain that the maid-servant of Cephisodorus was a free woman. No; he fixed things with Ctesicles, the speech-writer, who was acting in the matter for his opponents, in such a way that he should neither pay the damages nor be listed on the acropolis as a debtor to the state.
[20] ἃς οὐδὲν ἧττον οἶμαι Θεοκρίνης ὀφείλει νυνὶ κατὰ τὸν νόμον. οὐ γὰρ ἐὰν Κτησικλῆς ὁ μέτοικος συγχωρήσῃ τούτῳ, πονηρὸς πονηρῷ, μὴ παραδοθῆναι τοῖς πράκτορσιν τὸν προσοφλόντα κατὰ τὸν νόμον, διὰ τοῦτο δεῖ τὴν πόλιν ἀπεστερῆσθαι τῶν ἐκ τῶν νόμων ἐπικειμένων ζημιῶν, ἀλλὰ προσήκει τοὺς ἀντιδίκους ὑπὲρ μὲν τῶν ἰδίων, ὅπως ἂν αὑτοὺς πείθωσιν, διοικεῖσθαι πρὸς ἀλλήλους, ὑπὲρ δὲ τῶν πρὸς τὸ δημόσιον, ὅπως ἂν οἱ νόμοι κελεύωσιν.
[20] Despite this fact, I maintain that Theocrines still owes the money according to the law. For if Ctesicles, the resident alien, did make an agreement with this fellow, as one scoundrel with another, that one sentenced to pay the fine in accordance with the law should not be handed over to the collectors, the state should not on that account be robbed of the penalties imposed by the laws. No indeed; it is right for the parties in a suit to make whatever arrangement they may mutually agree upon in private affairs, but in matters which concern the public they must act as the law ordains.
[21] καί μοι λέγε τόν τε νόμον, ὃς κελεύει τὸ ἥμισυ τοῦ τιμήματος ὀφείλειν τῷ δημοσίῳ ὃς ἂν δόξῃ μὴ δικαίως εἰς τὴν ἐλευθερίαν ἀφελέσθαι, καὶ τὴν τοῦ Κηφισοδώρου μαρτυρίαν.”Νόμος”“Μαρτυρία”
λέγε δὴ κἀκεῖνον τὸν νόμον τὸν ἀπ᾽ ἐκείνης κελεύοντα τῆς ἡμέρας ὀφείλειν ἀφ᾽ ἧς ἂν ὄφλῃ, ἐάν τε ἐγγεγραμμένος ᾖ, ἐάν τε μή.”Νόμος”
[21] Read, please, the law which declares that anyone who is adjudged to have wrongfully asserted the freedom of a slave shall pay half the sum assessed into the public treasury, and then read also the deposition of Cephisodorus.” Law ““ Deposition”
Now read that law also, which declares that a man shall be regarded as a debtor from the day on which he incurs the fine, whether he has been entered on the public register or not.” Law”
[22] πῶς οὖν ἄλλως, ὦ ἄνδρες δικασταί, προσήκει τὸν δικαίως κατηγοροῦντα ἀποφαίνειν ὀρθῶς ἐνδεδειγμένον Θε
οκρίνην τουτονί, καὶ μὴ μόνον ἔνοχον ὄντα τῇ ἐνδείξει κατὰ τὰς χιλίας ἐφ᾽ αἷς ἐνδέδεικται, ἀλλὰ καὶ πολλοῖς ἄλλοις ὀφλήμασιν; ἐγὼ μὲν οὐδαμῶς νομίζω. οὐ γὰρ δὴ προσδοκᾶν γε δεῖ Θεοκρίνην αὐτὸν ὁμολογήσειν ὀφείλειν ὑμῖν τῷ δημοσίῳ καὶ δικαίως ἐνδεδεῖχθαι φήσειν, ἀλλὰ τοὐναντίον πάντα λόγον μᾶλλον ἐρεῖν καὶ πάσας αἰτίας οἴσειν, ὡς καταστασιάζεται, ὡς διὰ τὰς τῶν παρανόμων γραφὰς εἰς ταῦθ᾽ ἥκει.
[22] In what other way, men of the jury, could an honest prosecutor show that the criminal information has been rightly brought against this Theocrines, and that he is liable, not only to the fine of a thousand drachmae, which forms the basis of the information, but to many other penalties as well? To my mind there is no other way. For surely you cannot expect that Theocrines will himself admit the indebtedness to your treasury and say that the criminal information has been lodged against him with justice. On the contrary, he will say anything rather than this. He will bring forward all manner of charges, alleging that a cabal is working against him, and that he has come into this danger because of the indictments which he has preferred for illegal actions.
[23] λοιπὸν γάρ ἐστιν τοῦτο τοῖς ἐν αὐτοῖς τοῖς πράγμασιν ἐξελεγχομένοις, αἰτίας καὶ προφάσεις εὑρίσκειν αἵτινες τοῦ παρόντος ὑμᾶς ποιήσουσι πράγματος ἐπιλαθομένους τοῖς ἔξω τῆς κατηγορίας λόγοις προσέχειν. ἐγὼ δέ, ὦ ἄνδρες δικασταί, εἰ μὲν ἑώρων ἐν τοῖς ἀνεγνωσμένοις νόμοις γεγραμμένον ‘ταῦτα δ᾽ εἶναι κύρια περὶ τῶν συκοφαντούντων, ἂν μὴ Θεοκρίνης ἐνδειχθεὶς αἰτιᾶσθαι βούληται Θουκυδίδην ἢ Δημοσθένην ἢ καὶ τῶν πολιτευομένων ἄλλον τινά’, ἡσυχίαν ἂν ἦγον. νῦν δὲ τούτων οὐδεμίαν ὁρῶ τῶν σκήψεων ὑπόλογον οὖσαν ἐν τοῖς νόμοις, οὐδὲ καινήν, ὥστε προσέχειν νῦν πρῶτον ἀκούσαντας, ἀλλὰ μυριάκις παρὰ τῶν κρινομένων εἰρημένην.
[23] For this is the last resource of those convicted on the facts of the case — to invent charges and excuses which will make you forget the question before you and give attention to arguments which are alien to the accusation. But I, men of the jury, if I had seen in the laws which have just been read a clause to this effect: “these provisions regarding those who bring malicious charges shall be in force unless Theocrines, a criminal information having been laid against him, shall see fit to denounce Thucydides or Demosthenes or any other of the men in public life,” I should have kept quiet; but as it is, I find that no such excuse is taken into consideration in the laws, nor is it new, so that those now hearing it for the first time should pay attention to it; on the contrary it has been used ten thousand times by people on trial.
[24] ἀκούω δὲ καὶ παρὰ τῶν πρεσβυτέρων, ὦ ἄνδρες δικασταί, ὡς ἄρα προσῆκόν ἐστιν ὅλως μὲν μηδενὶ μηδεμίαν συγγνώμην ὑπάρχειν παραβαίνοντι τοὺς νόμους, εἰ δ᾽ ἄρα δεῖ, μὴ τοῖς συνεχῶς οὖσι πονηροῖς μηδὲ τοῖς ἐπ᾽ ἀργυρίῳ τοὺς νόμους προϊεμένοις （οὐ γὰρ εἰκός）, ἀλλ᾽ οἵτινες ἂν διὰ τὴν αὑτῶν ἀπραγμοσύνην ἄκοντές τι τῶν γεγραμμένων παραβῶ- σιν. ὧν οὐδεὶς ἂν δήπου Θεοκρίνην τουτονὶ φήσειεν εἶναι, ἀλλὰ τοὐναντίον οὐδενὸς τῶν ἐν τοῖς νόμοις ἄπειρον.
[24] I am also told, men of the jury, by those who are older than I, that it is proper that in no case whatever should pardon be shown to one who transgresses the laws, but if pardon is to be shown, it should not be to those who are habitual offenders or to those who betray the laws for a bribe （surely not that!） but to those who through their own inexperience unintentionally transgress some provision of the law. No man, I take it, would say that Theocrines here belongs to this latter class, but on the contrary that there is no provision of the law with which he is not acquainted.
[25] διὸ καὶ δεῖ φυλάττειν αὐτόν, μὴ πρὸς τοὺς ἐμοὺς λόγους μηδὲ τοὺς ὑπὸ τούτου ῥηθησομένους ἀποβλέποντας. οὐ γὰρ δίκαιον τοὺς ὑπὲρ τῶν νόμων καθημένους μακροῖς λόγοις καὶ κατηγορίαις προσέχειν, ἀλλ᾽ οἷς ἂν ἅπαντες ῥᾳδίως ἐπακολουθήσαιτε, καὶ δι᾽ ὧν δόξετε πᾶσι τοῖς ἐν τῇ πόλει τῶν νόμων ἀξίως ταύτην τὴν ἔνδειξιν δικάσαι, σαφῶς ἐρωτῶντας ‘τί λέγεις, Θεοκρίνη καὶ πάντες οἱ τῶν αὐτῶν τούτῳ μετέχοντες; ἀξιοῦθ᾽ ἡμᾶς, κατὰ τοὺς νόμους ὀμωμοκότας δικάσειν, παρὰ τούτους διὰ τοὺς ὑμετέρους λόγους ψηφίζεσθαι;
[25] You must, therefore, watch him, and have regard neither to my words nor to those which will be spoken by his side. For it is not right that those who sit here to defend the laws should pay attention to long speeches and accusations, but only to those which you will all easily follow, and by the help of which you will be thought by all the citizens to have decided this information in a manner worthy of the laws. You should ask in plain terms, “What do you mean, Theocrines, and all you who follow the same pursuits as he does? Do you demand that we who have sworn that we will give our verdict according to the laws shall vote contrary to the laws because of your speeches?
[26] μεμαρτυρηκότος μὲν ἡμῖν τοῦ Μίκωνος, καθ᾽ οὗ δοὺς Θεοκρίνης οὑτοσὶ τὴν φάσιν οὐκ ἐπεξῆλθε, καὶ πεποιηκότος αὑτὸν τούτοις ὑπόδικον, ὁμολογοῦντος δὲ τοῦ γραμματέως λαβεῖν τὴν φάσιν παρὰ τούτου, καὶ πεποιηκυίας τῆς μαρτυρίας τῆς ὀλίγον τι πρότερον ἀναγνωσθείσης αὐτὸν ὑπόδικον; ἔτι δὲ τῶν τοῦ ἐμπορίου ἐπιμελητῶν μόλις μέν, ἀλλ᾽ οὖν ταὐτὰ τούτοις μεμαρτυρηκότων; πρὸς δὲ τούτοις τῶν ἰδόντων ἐκκειμένην τὴν φάσιν καὶ προσελθόντων τοῖς ἄρχουσι μαρτυρούντων, ὥσπερ ὀλίγον πρότερον ἠκούσατε;’ ἀλλ᾽ οὐ δίκαιον, ὦ ἄνδρες δικασταί.
[26] Do you demand this, when Micon, against whom Theocrines filed his denunciation but did not proceed with it, has given evidence before us, and has made himself responsible to these jurors? — when the secretary acknowledges that he received the denunciation from the defendant, and has been made responsible by the deposition which was read a little while ago? — when, furthermore, the overseers of the port have, unwillingly, to be sure, yet nevertheless, given the same testimony as the others?-and when, in addition to all this, testimony is given, as you heard a little while ago, by those who saw the denunciation exposed to public view, and who went before the magistrates?” No; men of the jury, that would not be right.
[27] οὐ γὰρ δὴ διὰ τὸν τρόπον γε τὸν τοῦ φεύγοντος καὶ τὸν βίον ψευδεῖς ὑπολήψεσθε τὰς μαρτυρίας τὰς ἀνεγνωσμένας εἶναι. πολὺ γὰρ ἐκ τοῦ τρόπου σαφέστερον ἐ�
�ιδείκνυται Θεοκρίνης τοιοῦτος ὢν ἢ διὰ τῶν εἰρημένων. τί γὰρ οὐ πεποίηκεν οὗτος ὧν ἂν πονηρὸς καὶ συκοφάντης ἄνθρωπος ποιήσειεν; οὐ διὰ μὲν τὴν τούτου πονηρίαν ἁδελφὸς αὐτοῦ θεσμοθετῶν καὶ τούτῳ χρώμενος συμβούλῳ τοιοῦτος ἔδοξε παρ᾽ ὑμῖν ἄνθρωπος εἶναι, ὥστε οὐ μόνον αὐτὸς ἀπεχειροτο- νήθη τῶν ἐπιχειροτονιῶν οὐσῶν, ἀλλὰ καὶ τὴν ἀρχὴν ἅπασαν ἐποίησεν; καὶ εἰ μὴ δεομένων αὐτῶν καὶ ἱκετευόντων, καὶ λεγόντων ὡς οὐκέτι πρόσεισιν Θεοκρίνης πρὸς τὴν ἀρχήν, ἐπείσθηθ᾽ ὑμεῖς καὶ πάλιν ἀπέδοτε τοὺς στεφάνους αὐτοῖς, πάντων ἂν αἴσχιστα οἱ συνάρχοντες ἐπεπόνθεσαν;
[27] I am sure that the character of the defendant and his manner of life will not lead you to believe that the depositions which have been read are false. On the contrary, his character far more convincingly than the words which have been spoken proves Theocrines to be such as I portray him. For what is there that a scoundrel and a pettifogger would do that he has not done? Was it not because of his evil character that his brother, who held the office of judge and who was guided by the defendant’s advice, was brought into such bad repute with you, that, when you voted on the question of retaining the magistrates, he was not only himself rejected, but caused the rejection of the entire board? And had it not been that through the prayers and entreaties of his fellow-judges and through their promise that Theocrines should never again come near the board you were persuaded to give them back their crowns, would they not have incurred the deepest possible disgrace?