Delphi Complete Works of Demosthenes, page 419
[5] ἔστι γὰρ εἷς μὲν ὃν οἴεται τεχνικῶς ἔχειν αὐτῷ λόγος περὶ τοῦ ἀπροβουλεύτου. νόμος ἐστί, φησίν, ἐὰν ἀξίως ἡ βουλὴ δοκῇ βουλεῦσαι δωρειᾶς, διδόναι τὸν δῆμον τὴν δωρειὰν αὐτῇ. ταῦτ᾽ ἐπήρετο, φησίν, ὁ ἐπιστάτης, διεχειροτόνησεν ὁ δῆμος, ἔδοξεν. οὐδὲν δεῖ, φησί, προβουλεύματος ἐνταῦθα: κατὰ γὰρ νόμον ἦν τὰ γιγνόμενα. ἐγὼ δ᾽ αὐτὸ τοὐναντίον οἴομαι, νομίζω δὲ καὶ ὑμῖν συνδόξειν, περὶ τούτων δεῖν τὰ προβουλεύματ᾽ ἐκφέρειν μόνων περὶ ὧν κελεύουσιν οἱ νόμοι, ἐπεὶ περὶ ὧν γε μὴ κεῖνται νόμοι οὐδὲ γράφειν τὴν ἀρχὴν προσήκει οὐδὲ ἓν δήπου.
[5] There is one plea which he thinks a clever defence of the omission of the preliminary decree. There is a law, he says, that if the Council by its performance of its duties seems to deserve a reward, that reward shall be presented by the people. That question, he says, the chairman of the Assembly put, the people voted, and it was carried. In this case, he says, there is no need of a preliminary decree, because what was done was in accordance with law. But I take the exactly contrary view-and I think you will agree with me — that the preliminary decrees should only be proposed concerning matters prescribed by the laws, because, where no laws are laid down, surely no proposal whatever is admissible.
[6] φησὶ τοίνυν τοῦτον ἁπάσας τὸν τρόπον εἰληφέναι τὰς βουλάς, ὅσαι πώποτ᾽ ἔχουσι παρ᾽ ὑμῶν δωρειάν, καὶ οὐδὲ μιᾷ γεγενῆσθαι προβούλευμα πώποτε. ἐγὼ δ᾽ οἴομαι μὲν οὐχὶ λέγειν αὐτὸν ἀληθῆ, μᾶλλον δ᾽ οἶδα σαφῶς: οὐ μὴν ἀλλ᾽ εἰ τοῦτο τοιοῦτ᾽ ἐστὶν τὰ μάλιστα, ὁ νόμος δὲ λέγει τἀναντία, οὐχ ὅτι πολλάκις ἡμάρτηται δήπου πρότερον, διὰ τοῦτ᾽ ἐπεξαμαρτητέον ἐστὶ καὶ νῦν, ἀλλὰ τοὐναντίον ἀρκτέον, ὡς ὁ νόμος κελεύει, τὰ τοιαῦτα ποιεῖν ἀναγκάζειν ἀπὸ σοῦ πρώτου.
[6] Now he will say that all the Councils that have ever received a reward from you, have received it in this way, and that in no case has a preliminary decree ever been passed. But I think — or rather, I am certain — that this statement is untrue. Even if it were absolutely true, yet surely where the law says the opposite, we ought not to transgress the law now because it has often been transgressed before; on the contrary we ought to enforce the observance of the law, beginning with you, Androtion, first.
[7] σὺ δὴ μὴ λέγ᾽ ὡς γέγονεν τοῦτο πολλάκις, ἀλλ᾽ ὡς οὕτω προσήκει γίγνεσθαι. οὐ γὰρ εἴ τι πώποτε μὴ κατὰ τοὺς νόμους ἐπράχθη, σὺ δὲ τοῦτ᾽ ἐμιμήσω, διὰ τοῦτ᾽ ἀποφεύγοις ἂν δικαίως, ἀλλὰ πολλῷ μᾶλλον ἁλίσκοιο: ὥσπερ γὰρ εἴ τις ἐκείνων προήλω, σὺ τάδ᾽ οὐκ ἂν ἔγραψας, οὕτως, ἂν σὺ νῦν δίκην δῷς, ἄλλος οὐ γράψει.
[7] You must not tell us that this has often been done before; you must show us that it is right to do it. If the practice has at any time been contrary to the laws and you have only followed precedent, you cannot in fairness escape, but ought all the more to be convicted; for if any of the former delinquents had been condemned, you would never have proposed the resolution, and in the same way, if you are punished now, no one else will propose it in the future.
[8] περὶ τοίνυν τοῦ νόμου τοῦ διαρρήδην οὐκ ἐῶντος ἐξεῖναι μὴ ποιησαμένῃ τῇ βουλῇ τὰς τριήρεις αἰτῆσαι τὴν δωρειάν, ἄξιόν ἐστιν ἀκοῦσαι τὴν ἀπολογίαν ἣν ποιήσεται, καὶ θεωρῆσαι τὴν ἀναίδειαν τοῦ τρόπου δι᾽ ὧν ἐγχειρεῖ λέγειν. ὁ νόμος, φησίν, οὐκ ἐᾷ τὴν βουλὴν αἰτῆσαι τὴν δωρειάν, ἐὰν μὴ ποιήσηται τὰς τριήρεις: ὁμολογῶ. δοῦναι δέ γ᾽ οὐδαμοῦ, φησί, κωλύει τὸν δῆμον. ἐγὼ δ᾽, εἰ μὲν ἔδωκ᾽ αἰτούσῃ, παρὰ τὸν νόμον εἴρηκα: εἰ δὲ μὴ πεποίημαι μνείαν περὶ τῶν νεῶν ἐν ὅλῳ τῷ ψηφίσματι, ἀλλ᾽ ἕτερ᾽ ἄττα λέγω δι᾽ ἃ τὴν βουλὴν στεφανῶ, πῶς παρὰ τὸν νόμον εἴρηκα;
[8] Coming now to the law which explicitly denies to the Council the right to ask a reward, if they have not built the warships, it is worth while to hear the defence that he will set up, and to get a clear view of the shamelessness of his behavior from the arguments that he attempts to use. The law, he says, forbids the Council to ask for the reward, if they have not built the ships. But, he adds, the law nowhere prohibits the Assembly from giving it. “If I gave it at their request, my motion was illegal, but if I have never mentioned the ships in the whole of my decree, but give other grounds for granting a crown to the Council, where is the illegality of my motion?”
[9] ἔστι δὴ πρὸς ταῦτ᾽ οὐ χαλεπὸν τὰ δίκαι᾽ ὑμῖν ἀντειπεῖν, ὅτι πρῶτον μὲν οἱ προεδρεύοντες τῆς βουλῆς καὶ ὁ ταῦτ᾽ ἐπιψηφίζων ἐπιστάτης ἠρώτων καὶ διαχειροτονίαν ἐδίδοσαν, ὅτῳ δοκεῖ δωρειᾶς ἀξίως ἡ βουλὴ βεβουλευκέναι καὶ ὅτῳ μή: καίτοι τούς γε μὴ αἰτοῦντας μηδὲ λαβεῖν ἀξιοῦντας τὴν ἀρχὴν οὐδ᾽ ἐπερωτᾶν προσῆκεν.
[9] It is surely not difficult for the jury to find the right answer to this: that in the first place the Committee of the Council and the chairman, who puts these proposals to the vote, duly put the question and called for a show of hands— “those who are of opinion that the Council have deserved a reward, to vote aye; on the contrary, no.” Yet surely men who neither ask nor expect a reward should never have put the question at all.
[10] πρὸς τοίνυν τούτοις ἔστιν ἃ Μειδίου κατηγοροῦντος τῆς βουλῆς καὶ ἄλλων τινῶν, ἀναπηδῶντες οἱ βουλευταὶ ἐδέοντο μὴ σφᾶς ἀφελέσθαι τὴν δωρειάν. καὶ ταῦτ᾽ οὐ παρ᾽ ἐμοῦ δεῖ πυθέσθαι τοὺς δικάζοντας ὑμᾶς, ἀλλ᾽ αὐτοὶ παρόντες ἴστ᾽ ἐν τῷ δήμῳ γενόμενα. ὥσθ᾽ ὅταν μὲν μὴ φῇ τὴν βουλὴν αἰτεῖν, ταῦθ᾽ ὑπολαμβάνετε: ὅτι δ᾽ οὐδὲ τὸν δῆμον ἐᾷ διδόναι μὴ ποιησαμένοις τὰς ναῦς ὁ νόμος, καὶ τοῦτ᾽ ἐπιδείξω.
[10] Besides this, when Meidias and others brought certain accusations against the Council, the Councillors fairly leaped up on to the platform and begged not to be robbed of their reward. There is no need for me to tell the jury this, for you were present in the Assembly and know what happened there. So when he says that the Council did not ask for it, have that answer ready for him. But I will also prove to you that the people are forbidden by the law to give the reward, if the Council have not built the ships.
[11] διὰ ταῦτα γάρ, ὦ ἄνδρες Ἀθηναῖοι, τοῦτον ἔχει τὸν τρόπον ὁ νόμος, μὴ ἐξεῖναι τῇ βουλῇ μὴ ποιησαμένῃ τὰς τριήρεις αἰτῆσαι τὴν δωρειάν, ἵνα μηδὲ πεισθῆναι μηδ᾽ ἐξαπατηθῆναι γένοιτ᾽ ἐπὶ τῷ δήμῳ. οὐ γὰρ ᾤετο δεῖν ὁ τιθεὶς τὸν νόμον ἐπὶ τῇ τῶν λεγόντων δυνάμει τὸ πρᾶγμα καταστῆσαι, ἀλλ᾽ ὃ δίκαιον ἦν εὑρεῖν ἅμα καὶ συμφέρον τῷ δήμῳ, νόμῳ τετάχθαι. τὰς τριήρεις οὐ πεποίησαι; μὴ τοίνυν αἴτει τὴν δωρειάν. ὅπου δ᾽ αἰτεῖν οὐκ ἐᾷ, πῶς οὐ σφόδρα δοῦναί γε κωλύει;
[11] For the law, that the Council should not ask for the reward if they have not built the war ships, was framed in that way, men of Athens, to prevent the possibility of the people being influenced or misled. The legislator held that the question should not depend on the abilities of the speakers, but that whatever he could devise that was at once just and expedient for the people, should be fixed by law. “You have not built the ships? Then don’t ask for the reward.” Where the law does not permit the asking, does it not absolutely forbid the giving?
[12] ἄξιον τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, κἀκεῖνο ἐξετάσαι, τί δήποτε, ἂν τἄλλα πάνθ᾽ ἡ βουλὴ καλῶς βουλεύσῃ καὶ μηδεὶς ἔχῃ μηδὲν ἐγκαλέσαι, τὰς δὲ τριήρεις μὴ ποιήσηται, τὴν δωρειὰν οὐκ ἔξεστιν αἰτῆσαι. εὑρήσετε γὰρ τοῦτο τὸ ἰσχυρὸν ὑπὲρ τοῦ δήμου κείμενον. οἶμαι γὰρ ἂν μηδέν᾽ ἀντειπεῖν ὡς οὐχ, ὅσα πώποτε τῇ πόλει γέγον᾽ ἢ νῦν ἔστ᾽ ἀγάθ᾽ ἢ θάτερα, ἵνα μηδὲν εἴπω φλαῦρον, ἐκ τῆς τῶν τριήρων τὰ μὲν κτήσεως, τὰ δ᾽ ἀπουσίας γέγονεν.
[12] Now there is another question, men of Athens, which is worth going into. Why is it that when the Council have performed all their other duties satisfactorily, and no one has any complaint to make, yet, if they have not built the ships, they are not allowed to ask for the reward? You will find that this stringent enactment is in the interests of the people. For I suppose no one would deny that all that has happened to our city, in the past or in the present, whether good or otherwise — I avoid an unpleasant term — has resulted in the one case from the possession, and in the other from the want, of warships.
[13] οἷον πολλὰ μὲν ἄν τις ἔχοι λέγειν καὶ παλαιὰ καὶ καινά: ἃ δ᾽ οὖν πᾶσι μάλιστ᾽ ἀκοῦσαι γνώριμα, τοῦτο μέν, εἰ βούλεσθε, οἱ τὰ προπύλαια καὶ τὸν παρθενῶν᾽ οἰκοδομήσαντες ἐκεῖνοι καὶ τἄλλ᾽ ἀπὸ τῶν βαρβάρων ἱερὰ κοσμήσαντες, ἐφ᾽ οἷς φιλοτιμούμεθα πάντες εἰκότως, ἴστε δήπου τοῦτ᾽ ἀκοῇ, ὅτι τὴν πόλιν ἐκλιπόντες καὶ κατακλεισθέντες εἰς Σαλαμῖνα, ἐκ τοῦ τριήρεις ἔχειν πάντα μὲν τὰ σφέτερ᾽ αὐτῶν καὶ τὴν πόλιν τῇ ναυμαχίᾳ νικήσαντες ἔσωσαν, πολλῶν δὲ καὶ μεγάλων ἀγαθῶν τοῖς ἄλλοις Ἕλλησι κατέστησαν αἴτιοι, ὧν οὐδ᾽ ὁ χρόνος τὴν μνήμην ἀφελέσθαι δύναται.
[13] Many instances might be given, ancient and modern, but of those that are most familiar to your ears, take if you please this. The men who built the Propylaea and the Parthenon, and decked our other temples with the spoils of Asia, trophies in which we take a natural pride, — you know of course from tradition that after they abandoned the city and shut themselves up in Salamis, it was because they had the war galleys that they won the sea-fight and saved the city and all their belongings, and made themselves the authors for the rest of the Greeks of many great benefits, of which not even time can ever obliterate the memory.
[14] εἶεν: ἀλλ᾽ ἐκεῖνα μὲν ἀρχαῖα καὶ παλαιά. ἀλλ᾽ ἃ πάντες ἑοράκατε, ἴσθ᾽ ὅτι πρώην Εὐβοεῦσιν ἡμερῶν τριῶν ἐβοηθήσατε καὶ Θηβαίους ὑποσπόνδους ἀπεπέμψατε. ἆρ᾽ οὖν ταῦτ᾽ ἐπράξατ᾽ ἂν οὕτως ὀξέως, εἰ μὴ ναῦς εἴχετε καινὰς ἐν αἷς ἐβοηθήσατε; ἀλλ᾽ οὐκ ἂν ἐδύνασθε. ἄλλα πόλλ᾽ ἔχοι τις ἂν εἰπεῖν ἃ τῇ πόλει γέγον᾽ ἐκ τοῦ ταύτας κατεσκευάσθαι καλῶς ἀγαθά.
[14] Well, you say, but that is ancient history. But take something that you have all seen. You know that lately you sent help to the Euboeans within three days and got rid of the Thebans by an armistice. Could you have done all this so promptly, if you had not had new vessels to convey your force? You would have found it impossible. Many other successes might be mentioned that have resulted from our being provided with these ships in sound condition.
[15] εἶεν: ἐκ δὲ τοῦ κακῶς πόσα δεινά; τὰ μὲν πόλλ᾽ ἐάσω: ἀλλ᾽ ἐπὶ τοῦ Δεκελεικοῦ πολέμου （τῶν γὰρ ἀρχαίων ἕν, ὃ πάντες ἐμοῦ μᾶλλον ἐπίστασθε, ὑπομνήσω） πολλῶν καὶ δεινῶν ἀτυχημάτων συμβάντων τῇ πόλει οὐ πρότερον τῷ πολέμῳ παρέστησαν πρὶν τὸ ναυτικὸν αὐτῶν ἀπώλετο. καὶ τί δεῖ τὰ παλαιὰ λέγειν; τὸν τελευταῖον γὰρ ἴστε τὸν πρὸς Λακεδαιμονίους πόλεμον, ὅτε μὲν ναῦς οὐκ ἐδοκεῖτ᾽ ἀποστεῖλαι δυνήσεσθαι, πῶς διέκειθ᾽ ἡ πόλις: ἴστ᾽ ὀρόβους ὄντας ὠνίους. ἐπειδὴ δ᾽ ἀπεστείλατε, εἰρήνης ἐτύχεθ᾽ ὁποίας τινὸς ἐβούλεσθε.
[15] Yes, and how many disasters from unsound ships? I will pass over most of them; but in the Decelean war — I am reminding you of a bit of old history which you all know better than I do — though many serious disasters befell our city, she did not succumb till her fleet was destroyed. But why need me cite ancient instances? You know how it stood with our city in the last war with the Lacedaemonians when it seemed unlikely that you could dispatch a fleet. You know that vetches were sold for food. But when you did dispatch it, you obtained peace on your own terms.
[16] ὥστε δικαίως, ὦ ἄνδρες Ἀθηναῖοι, τηλικαύτην ἐχουσῶν ῥοπὴν ἐφ᾽ ἑκάτερα τῶν τριήρων, τοῦτον ὅρον τεθήκατε τῇ βουλῇ, πότερ᾽ αὐτὴν δεῖ λαβεῖν τὴν δωρειὰν ἢ οὔ. εἰ γὰρ πάντα τἄλλα διοικήσειε καλῶς, δι᾽ ὧν δὲ τό τ᾽ ἐξ ἀρχῆς ταῦτ᾽ ἐκτησάμεθα καὶ νῦν σῴζομεν, ταύτας μὴ ποιήσαιτο, τὰς τριήρεις λέγω, οὐδὲν ἐκείνων ὄφελος: τὴν γὰρ τῶν ὅλων σωτηρίαν πρῶτον ὑπάρχειν δεῖ παρεσκευασμένην τῷ δήμῳ. οὗτος τοίνυν εἰς τοῦτ᾽ ἐλήλυθε τοῦ νομίζειν αὑτῷ καὶ λέγειν καὶ γράφειν ἐξεῖναι πᾶν ὅ τι ἂν βούληται, ὥστε βεβουλευκυίας μὲν τἄλλ᾽ ὃν τρόπον ὑμεῖς ἀκούετε τῆς βουλῆς, οὐ πεποιημένης δὲ τὰς τριήρεις, γέγραφεν δοῦναι τὴν δωρειάν.
[16] Therefore, men of Athens, seeing that warships have such weight in either scale, you nave done rightly to set this strict limit to the Council’s claim to the reward. For if they should discharge all their other duties satisfactorily, but fail to build these ships, by which we gained our power at the first and by which we retain it today, all their other services are of no avail, for it is the safety of the whole State that must be ensured for the people before every thing. Now the defendant is so obsessed with the idea that he can make any speech or proposal he wishes, that though the Council has discharged its other duties in the way that you have heard, but has not built the warships, he moved to grant them their reward.
[17] καὶ ταῦθ᾽ ὡς μὲν οὐ παρὰ τὸν νόμον ἐστίν, οὔτ᾽ ἂν οὗτος ἔχοι λέγειν οὔθ᾽ ὑμεῖς πεισθείητε: ἀκούω δ᾽ αὐτὸν τοιοῦτον ἐρεῖν τιν᾽ ἐν ὑμῖν λόγον, ὡς οὐχ ἡ βουλὴ γέγον᾽ αἰτία τοῦ μὴ πεποιῆσθαι τὰς ναῦς, ἀλλ᾽ ὁ τῶν τριηροποιικῶν ταμίας ἀποδρὰς ᾤχετ᾽ ἔχων πένθ᾽ ἡμιτάλαντα, καὶ τὸ πρᾶγμ᾽ ἀτύχημα συμβέβηκεν. ἐγὼ δὲ πρῶτον μὲν αὐτὸ τοῦτο θαυμάζω, εἰ στεφανοῦν ἐπὶ τοῖς ἠτυχημένοις ἠξίου τὴν βουλήν: τῶν κατορθουμένων γὰρ ἔγωγ᾽ ἡγούμην ἔργων τὰς τοιαύτας ὡρίσθαι τιμάς: ἔπειτα δὲ κἀκεῖν᾽ ἔτι βούλομαι φράσαι πρὸς ὑμᾶς.
