Delphi Complete Works of Demosthenes, page 349
[112] but for the donations that I promised and gave at my own expense I do say that I am not accountable at any time — you hear that, Aeschines — nor is any other man, though he be one of the nine archons. Is there any law so compact of iniquity and illiberality that, when a man out of sheer generosity has given away his own money, it defrauds him of the gratitude he has earned, drags him before a set of prying informers, and gives them authority to hold an audit of his free donations? There is no such law. If he contradicts me, let him produce the law, and I will be satisfied and hold my peace.
[113] ἀλλ᾽ οὐκ ἔστιν, ἄνδρες Ἀθηναῖοι, ἀλλ᾽ οὗτος συκοφαντῶν, ὅτι ἐπὶ τῷ θεωρικῷ τότ᾽ ὢν ἐπέδωκα τὰ χρήματα, ‘ἐπῄνεσεν αὐτό’ φησίν ‘ὑπεύθυνον ὄντα’ οὐ περὶ τούτων γ᾽ οὐδενὸς ὧν ὑπεύθυνος ἦν, ἀλλ᾽ ἐφ᾽ οἷς ἐπέδωκα, ὦ συκοφάντα. ‘ἀλλὰ καὶ τειχοποιὸς ἦσθα’ καὶ διά γε τοῦτο ὀρθῶς ἐπῃνούμην, ὅτι τἀνηλωμέν᾽ ἔδωκα καὶ οὐκ ἐλογιζόμην. ὁ μὲν γὰρ λογισμὸς εὐθυνῶν καὶ τῶν ἐξετασόντων προσδεῖται, ἡ δὲ δωρειὰ χάριτος καὶ ἐπαίνου δικαία ἐστὶ τυγχάνειν: διόπερ ταῦτ᾽ ἔγραψεν ὁδὶ περὶ ἐμοῦ.
[113] But no, the law does not exist, men of Athens; only this man, with his pettifogging spite, because, when I was in charge of the theatric fund, I added gifts of my own to that fund, says, “Ctesiphon gave him a vote of thanks before he had rendered his accounts.” Yes, but the vote of thanks did not concern the accounts which I had to render; it was for my own donations, you pettifogger! “But you were also a Commissioner of Fortifications.” Why, that is how I earned my vote of thanks: I made a present of the money I had spent, and did not charge it to the public account. The account requires an audit and checkers; the benefaction deserves gratitude and formal thanks, and that is the very reason for Ctesiphon’s proposition.
[114] ὅτι δ᾽ οὕτω ταῦτ᾽ οὐ μόνον ἐν τοῖς νόμοις, ἀλλὰ καὶ ἐν τοῖς ὑμετέροις ἤθεσιν ὥρισται, ἐγὼ ῥᾳδίως πολλαχόθεν δείξω. πρῶτον μὲν γὰρ Ναυσικλῆς στρατηγῶν ἐφ᾽ οἷς ἀπὸ τῶν ἰδίων προεῖτο πολλάκις ἐστεφάνωται ὑφ᾽ ὑμῶν: εἶθ᾽ ὅτε τὰς ἀσπίδας Διότιμος ἔδωκε καὶ πάλιν Χαρίδημος, ἐστεφανοῦντο: εἶθ᾽ οὑτοσὶ Νεοπτόλεμος πολλῶν ἔργων ἐπιστάτης ὤν, ἐφ᾽ οἷς ἐπέδωκε τετίμηται. σχέτλιον γὰρ ἂν εἴη τοῦτό γε, εἰ τῷ τιν᾽ ἀρχὴν ἄρχοντι ἢ διδόναι τῇ πόλει τὰ ἑαυτοῦ διὰ τὴν ἀρχὴν μὴ ἐξέσται, ἢ τῶν δοθέντων ἀντὶ τοῦ κομίσασθαι χάριν εὐθύνας ὑφέξει.
[114] That this distinction is recognized both in the statutes and in your moral feelings I can prove by many instances. Nausicles, for example, has been repeatedly decorated by you for the money he spent out of his own pocket when serving as military commander. When Diotimus, and on another occasion Charidemus, had made a present of shields, they were crowned. Then there is our friend Neoptolemus, who has received distinctions for donations given by him as Commissioner for sundry public works. It would be quite intolerable that it should either be illegal for a man holding any office to make presents to the government, or that, when he has made them, instead of receiving thanks, he should be subjected to an audit.
[115] ὅτι τοίνυν ταῦτ᾽ ἀληθῆ λέγω, λέγε τὰ ψηφίσματά μοι τὰ τούτοις γεγενημέν᾽ αὐτὰ λαβών. λέγε.”Ψήφισμα
Ἄρχων Δημόνικος Φλυεύς, βοηδρομιῶνος ἕκτῃ μετ᾽ εἰκάδα, γνώμη βουλῆς καὶ δήμου, Καλλίας Φρεάρριος εἶπεν, ὅτι δοκεῖ τῇ βουλῇ καὶ τῷ δήμῳ στεφανῶσαι Ναυσικλέα τὸν ἐπὶ τῶν ὅπλων, ὅτι Ἀθηναίων ὁπλιτῶν δισχιλίων ὄντων ἐν Ἴμβρῳ καὶ βοηθούντων τοῖς κατοικοῦσιν Ἀθηναίων τὴν νῆσον, οὐ δυναμένου Φίλωνος τοῦ ἐπὶ τῆς διοικήσεως κεχειροτονημένου διὰ τοὺς χειμῶνας πλεῦσαι καὶ μισθοδοτῆσαι τοὺς ὁπλίτας, ἐκ τῆς ἰδίας οὐσίας ἔδωκε καὶ οὐκ εἰσέπραξε τὸν δῆμον, καὶ ἀναγορεῦσαι τὸν στέφανον Διονυσίοις τραγῳδοῖς καινοῖς.”
[115] To prove the truth of my statement, please take and read the actual words of the decrees made in the cases I have cited. Read.”Decree
[Archonship of Demonicus of Phlya, on the twenty-sixth day of Boedromion, with sanction of Council and People: Callias of Phrearrii proposed that the Council and People resolve to crown Nausicles, the commander of the infantry, because, when Philo, the official paymaster, was prevented by storms from sailing with pay for the two thousand Athenian infantry serving in Imbros to assist the Athenian residents in that island, he paid them from his private means, and did not send in a claim to the people; and that the crown be proclaimed at the Dionysia at the performance of the new tragedies.]”
[116] “Ἕτερον Ψήφισμα
Εἶπε Καλλίας Φρεάρριος, πρυτάνεων λεγόντων, βουλῆς γνώμη: ἐπειδὴ Χαρίδημος ὁ ἐπὶ τῶν ὁπλιτῶν, ἀποσταλεὶς εἰς Σαλαμῖνα, καὶ Διότιμος ὁ ἐπὶ τῶν ἱππέων, ἐν τῇ ἐπὶ τοῦ ποταμοῦ μάχῃ τῶν στρατιωτῶν τινῶν ὑπὸ τῶν πολεμίων σκυλευθέντων, ἐκ τῶν ἰδίων ἀναλωμάτων καθώπλισαν τοὺς νεανίσκους ἀσπίσιν ὀκτακοσίαις, δεδόχθαι τῇ βουλῇ καὶ τῷ δήμῳ στεφανῶσαι Χαρίδημον καὶ Διότιμον χρυσῷ στεφάνῳ, καὶ ἀναγορεῦσαι Παναθηναίοις τοῖς μεγάλοις ἐν τῷ γυμνικῷ ἀγῶνι καὶ Διονυσίοις τραγῳδοῖς καινοῖς: τῆς δὲ ἀναγορεύσεως ἐπιμεληθῆναι θεσμοθέτας, πρυτάνεις, ἀγωνοθέτας.”
[116] “Another Decree[Proposed by Callias of Phrearrii, and put to vote by the presidents, with sanction of Council: that, whereas Charidemus, dispatched to Salamis in command of the infantry, and Diotimus, commanding the cavalry, when in the battle at the river some of the soldiers had been disarmed by the enemy, did at their own expense arm the younger men with eight hundred shields, it be resolved by the Council and People to crown Charidemus and Diotimus with a golden crown, and to proclaim it at the great Panathenaea during the gymnastic contest, and at the Dionysia at the performance of the new tragedies; and that the proclamation be entrusted to the judicial archons, the presidents, and the stewards of the festival.]”
[117] τούτων ἕκαστος, Αἰσχίνη, τῆς μὲν ἀρχῆς ἧς ἦρχεν ὑπεύθυνος ἦν, ἐφ᾽ οἷς δ᾽ ἐστεφανοῦτο οὐχ ὑπεύθυνος. οὐκοῦν οὐδ᾽ ἐγώ: ταὐτὰ γὰρ δίκαι᾽ ἐστί μοι περὶ τῶν αὐτῶν τοῖς ἄλλοις δήπου. ἐπέδωκα: ἐπαινοῦμαι διὰ ταῦτα, οὐκ ὢν ὧν ἔδωχ᾽ ὑπεύθυνος. ἦρχον: καὶ δέδωκά γ᾽ εὐθύνας ἐκείνων, οὐχ ὧν ἐπέδωκα. νὴ Δί᾽, ἀλλ᾽ ἀδίκως ἦρξα. εἶτα παρών, ὅτε μ᾽ εἰσῆγον οἱ λογισταί, οὐ κατηγόρεις;
[117] Every one of the persons mentioned, Aeschines, was liable to audit in respect of the office he held, but not of the services for which he was decorated. It follows that I am not liable; for, surely, I have the same rights under the same conditions as anybody else! I made donations. For those donations I am thanked, not being subject to audit for what I gave. I held office. Yes, and I have submitted to audit for my offices, though not for my gifts. Ah, but perhaps I was guilty of official misconduct? Well, the auditors brought me into court — and no complaint from you!
[118] ἵνα τοίνυν ἴδηθ᾽ ὅτι αὐτὸς οὗτός μοι μαρτυρεῖ ἐφ᾽ οἷς οὐχ ὑπεύθυνος ἦν ἐστεφανῶσθαι, λαβὼν ἀνάγνωθι τὸ ψήφισμ᾽ ὅλον τὸ γραφέν μοι. οἷς γὰρ οὐκ ἐγράψατο τοῦ προβουλεύματος, τούτοις ἃ διώκει συκοφαντῶν φανήσεται. λέγε.”Ψήφισμα
ἐπὶ ἄρχοντος Εὐθυκλέους, πυανεψιῶνος ἐνάτῃ ἀπιόντος, φυλῆς πρυτανευούσης Οἰνῇδος, Κτησιφῶν Λεωσθένους Ἀναφλύστιος εἶπεν: ἐπειδὴ Δημοσθένης Δημοσθένους Παιανιεὺς γενόμενος ἐπιμελητὴς τῆς τῶν τειχῶν ἐπισκευῆς καὶ προσαναλώσας εἰς τὰ ἔργα ἀπὸ τῆς ἰδίας οὐσίας τρία τάλαντα ἐπέδωκε ταῦτα τῷ δήμῳ, καὶ ἐπὶ τοῦ θεωρικοῦ κατασταθεὶς ἐπέδωκε τοῖς ἐκ πασῶν τῶν φυλῶν θεωροῖς ἑκατὸν μνᾶς εἰς θυσίας, δεδόχθαι τῇ βουλῇ καὶ τῷ δήμῳ τῷ Ἀθηναίων ἐπαινέσαι Δημοσθένην Δημοσθένους Παιανιέα ἀρετῆς ἕνεκα καὶ καλοκαγαθίας ἧς ἔχων διατελεῖ ἐν παντὶ καιρῷ εἰς τὸν δῆμον τὸν Ἀθηναίων, καὶ στεφανῶσαι χρυσῷ στεφάνῳ, καὶ ἀναγορεῦσαι τὸν στέφανον ἐν τῷ θεάτρῳ Διονυσίοις τραγῳδοῖς καινοῖς: τῆς δὲ ἀναγορεύσεως ἐπιμεληθῆναι τὸν ἀγωνοθέτην.”
[118] To prove that Aeschines himself testifies that I have been crowned for matters in which I was audit-free, take and read the whole of the decree that was drawn in my favor. The proof that his prosecution is vindictive will appear from those sentences in the provisional decree which he has not indicted. Read.”Decree
[In the archonship of Euthycles, on the twenty-third day of Pyanepsion, the tribe Oeneis then holding the presidency, Ctesiphon, son of Leosthenes, of Anaphlystus, proposed that, whereas Demosthenes, son of Demosthenes, of Paeania, having been appointed superintendent of the repair of the fortifications, and having spent upon the works three talents from his private means, has made the same a benevolence to the people; and whereas, having been appointed treasurer of the Theatrical Fund, he gave to the representatives of all the tribes one hundred minas for sacrifices, it be resolved by the Council and People of Athens to commend the said Demosthenes, son of Demosthenes, of Paeania, for his merits and for the generosity which he has constantly displayed on every occasion towards the People of Athens, and to crown him with a golden crown, and to proclaim the crown in the theatre at the Dionysia at the performance of the new tragedies and that the proclamation be entrusted to the steward of the festival.]”
[119] οὐκοῦν ἃ μὲν ἐπέδωκα, ταῦτ᾽ ἐστὶν ὧν οὐδὲν σὺ γέγραψαι: ἃ δέ φησιν ἡ βουλὴ δεῖν ἀντὶ τούτων γενέσθαι μοι, ταῦτ᾽ ἔσθ᾽ ἃ διώκεις. τὸ λαβεῖν οὖν τὰ διδόμεν᾽ ὁμολογῶν ἔννομον εἶναι, τὸ χάριν τούτων ἀποδοῦναι παρανόμων γράφει. ὁ δὲ παμπόνηρος ἄνθρωπος καὶ θεοῖς ἐχθρὸς καὶ βάσκανος ὄντως ποῖός τις ἂν εἴη πρὸς θεῶν; οὐχ ὁ τοιοῦτος;
[119] Here, then, are my donations, in the decree — but not in your indictment. Your prosecution is directed to the rewards which the Council says that I ought to receive for them. Acceptance of gifts you admit to be legal; gratitude for gifts you indict for illegality. In Heaven’s name, what do we mean by dishonesty and malignity, if you are not dishonest and malignant?
[120] καὶ μὴν περὶ τοῦ γ᾽ ἐν τῷ θεάτρῳ κηρύττεσθαι, τὸ μὲν μυριάκις μυρίους κεκηρῦχθαι παραλείπω καὶ τὸ πολλάκις αὐτὸς ἐστεφανῶσθαι πρότερον. ἀλλὰ πρὸς θεῶν οὕτω σκαιὸς εἶ καὶ ἀναίσθητος, Αἰσχίνη, ὥστ᾽ οὐ δύνασαι λογίσασθαι ὅτι τῷ μὲν στεφανουμένῳ τὸν αὐτὸν ἔχει ζῆλον ὁ στέφανος, ὅπου ἂν ἀναρρηθῇ, τοῦ δὲ τῶν στεφανούντων εἵνεκα συμφέροντος ἐν τῷ θεάτρῳ γίγνεται τὸ κήρυγμα; οἱ γὰρ ἀκούσαντες ἅπαντες εἰς τὸ ποιεῖν εὖ τὴν πόλιν προτρέπονται, καὶ τοὺς ἀποδιδόντας τὴν χάριν μᾶλλον ἐπαινοῦσι τοῦ στεφανουμένου: διόπερ τὸν νόμον τοῦτον ἡ πόλις γέγραφεν. λέγε δ᾽ αὐτόν μοι τὸν νόμον λαβών.”Νόμος
Ὅσους στεφανοῦσί τινες τῶν δήμων, τὰς ἀναγορεύσεις τῶν στεφάνων ποιεῖσθαι ἐν αὐτοῖς ἑκάστους τοῖς ἰδίοις δήμοις, ἐὰν μή τινας ὁ δῆμος ὁ τῶν Ἀθηναίων ἢ ἡ βουλὴ στεφανοῖ: τούτους δ᾽ ἐξεῖναι ἐν τῷ θεάτρῳ Διονυσίοις ...”
[120] As for the proclamation in the Theatre, I will not insist that thousands of names have been a thousand times so proclaimed, nor that I myself have been crowned again and again before now. But, really now, are you so unintelligent and blind, Aeschines, that you are incapable of reflecting that a crown is equally gratifying to the person crowned wheresoever it is proclaimed, but that the proclamation is made in the Theatre merely for the sake of those by whom it is conferred? For the whole vast audience is stimulated to do service to the commonwealth, and applauds the exhibition of gratitude rather than the recipient; and that is the reason why the state has enacted this statute. Please take and read it.”Law
[In cases where crowns are bestowed by any of the townships, the proclamation of the crown shall be made within the respective townships, unless the crown is bestowed by the People of Athens or by the Council, in which case it shall be lawful to proclaim it in the Theatre at the Dionysia.]”
[121] ἀκούεις, Αἰσχίνη, τοῦ νόμου λέγοντος σαφῶς, ‘πλὴν ἐάν τινας ὁ δῆμος ἢ ἡ βουλὴ ψηφίσηται: τούτους δ᾽ ἀναγορευέτω’ τί οὖν, ὦ ταλαίπωρε, συκοφαντεῖς; τί λόγους πλάττεις; τί σαυτὸν οὐκ ἐλλεβορίζεις ἐπὶ τούτοις; ἀλλ᾽ οὐδ᾽ αἰσχύνει φθόνου δίκην εἰσάγων, οὐκ ἀδικήματος οὐδενός, καὶ νόμους μεταποιῶν, τῶν δ᾽ ἀφαιρῶν μέρη, οὓς ὅλους δίκαιον ἦν ἀναγιγνώσκεσθαι τοῖς γ᾽ ὀμωμοκόσιν κατὰ τοὺς νόμους ψηφιεῖσθαι;
[121] You hear, Aeschines, how the statute expressly makes an exception: “persons named in any decree of the Council or the Assembly always excepted. They are to be proclaimed.” Then why this miserable pettifogging? Why these insincere arguments? Why do you not try hellebore for your complaint? Are you not ashamed to prosecute for spite, not for crime; misquoting this statute, curtailing that statute, when they ought to be read in their entirety to a jury sworn to vote according to their direction?
[122] ἔπειτα τοιαῦτα ποιῶν λέγεις πόσα δεῖ προσεῖναι τῷ δημοτικῷ, ὥσπερ ἀνδριάντ᾽ ἐκδεδωκὼς κατὰ συγγραφήν, εἶτ᾽ οὐκ ἔχονθ᾽ ἃ προσῆκεν ἐκ τῆς συγγραφῆς κομιζόμενος, ἢ λόγῳ τοὺς δημοτικούς, ἀλλ᾽ οὐ τοῖς πράγμασι καὶ τοῖς πολιτεύμασιν γιγνωσκομένους. καὶ βοᾷς ῥητὰ καὶ ἄρρητ᾽ ὀνομάζων, ὥσπερ ἐξ ἁμάξης, ἃ σοὶ καὶ τῷ σῷ γένει πρόσεστιν, οὐκ ἐμοί. καίτοι καὶ τοῦτ᾽, ὦ ἄνδρες Ἀθηναῖοι:
[122] And, while behaving like that, you treat us to your definition of all the qualities proper to a patriotic politician — as though you had bespoken a statue according to specification, and it had been delivered without the qualities specified ! As though talk, not deeds and policy, were the criterion of patriotism ! And then you raise your voice, like a clown at a carnival, and pelt me with epithets both decent and obscene, suitable for yourself and your kindred, but not for me.
[123] ἐγὼ λοιδορίαν κατηγορίας τούτῳ διαφέρειν ἡγοῦμαι, τῷ τὴν μὲν κατηγορίαν ἀδικήματ᾽ ἔχειν, ὧν ἐν τοῖς νόμοις εἰσὶν αἱ τιμωρίαι, τὴν δὲ λοιδορίαν βλασφημίας, ἃς κατὰ τὴν αὑτῶν φύσιν τοῖς ἐχθροῖς περὶ ἀλλήλων συμβαίνει λέγειν. οἰκοδομῆσαι δὲ τοὺς προγόνους ταυτὶ τὰ δικαστήρι᾽ ὑπείληφα, οὐχ ἵνα συλλέξαντες ὑμᾶς εἰς ταῦτα ἀπὸ τῶν ἰδίων κακῶς τἀπόρρητα λέγωμεν ἀλλήλους, ἀλλ᾽ ἵν᾽ ἐξελέγχωμεν ἐάν τις ἠδικηκώς τι τυγχάνῃ τὴν πόλιν.
