Delphi Complete Works of Demosthenes, page 557
[12] ἔτι τοίνυν ἔμοιγε δοκεῖ κἀκεῖν᾽ ἀλόγως ἔχειν, τὸν μὲν εἰπόντα τι μὴ κατὰ τοὺς νόμους, ἐὰν ἁλῷ τὸ τρίτον, μέρος ἠτιμῶσθαι τοῦ σώματος, τοὺς δὲ μὴ λόγον, ἀλλ᾽ ἔργον παράνομον πεποιηκότας μηδεμίαν δοῦναι δίκην. καὶ μήν, ὦ ἄνδρες Ἀθηναῖοι, πάντες ὑμεῖς φήσετε τὸ πρὸς τὰ τοιαῦτα πράως ἔχειν προδιδάσκειν ἑτέρους ἀδικεῖν εἶναι.
[12] More than this, it seems to me to be absurd that, when a man says anything contrary to law, he should, if he is convicted, be deprived of one third of his personal rights, while those guilty not of words but of acts that are illegal should pay no penalty. Surely, men of Athens, you would all say that leniency in regard to such offences merely trains up others to commit them.
[13] βούλομαι τοίνυν, ἐπειδήπερ παρῆλθον, καὶ τὰ συμβαίνοντ᾽ ἀπὸ τῶν τοιούτων ὑμῖν διεξελθεῖν. ἐπειδὰν γάρ τις μισθωσάμενος τριηραρχίαν ἐκπλεύσῃ, πάντας ἀνθρώπους ἄγει καὶ φέρει, καὶ τὰς μὲν ὠφελίας ἰδίᾳ καρποῦται, τὰς δὲ δίκας τούτων ὁ τυχὼν δίδωσιν ὑμῶν, καὶ μόνοις ὑμῖν οὐδαμόσε ἔστιν ἄνευ κηρυκείου βαδίσαι διὰ τὰς ὑπὸ τούτων ἀνδροληψίας καὶ σύλας κατεσκευασμένας:
[13] I wish, now that I have entered upon this subject, to set forth to you also the consequences which result from such actions. When a man who has taken the trierarchy for hire sets sail, he plunders and pillages everybody; the profits he reaps for himself, but whoever it may chance to be of you citizens pays the damages; and you alone of all people are unable to travel anywhere without a herald’s staff of truce because of the acts of these men in seizing hostages and in provoking reprisals;
[14] ὥστε τῇ γ᾽ ἀληθείᾳ σκοπῶν ἄν τις εὕροι τὰς τοιαύτας τριήρεις οὐχ ὑπὲρ ὑμῶν, ἀλλὰ καθ᾽ ὑμῶν ἐκπεπλευκυίας. τὸν γὰρ ὑπὲρ τῆς πόλεως τριήραρχον οὐκ ἀπὸ τῶν κοινῶν προσδοκᾶν χρὴ πλουτήσειν, ἀλλ᾽ ἀπὸ τῶν ἰδίων τὰ τῆς πόλεως ἐπανορθώσειν, εἴπερ ἔσται τι τῶν δεόντων ὑμῖν. τούτων δὲ τἀναντί᾽ ἕκαστος ἐγνωκὼς ἐκπλεῖ: καὶ γάρ τοι τὰ τῶν αὑτῶν τρόπων ἁμαρτήματα ταῖς ὑμετέραις βλάβαις ἐπανορθοῦνται.
[14] so that, if one looks at the matter frankly, he will find that triremes such as these have sailed forth, not for you, but against you. For a man who serves as trierarch in the interest of Athens ought not to expect to grow rich at the public expense, but ought by means of his own resources to repair the losses of the state, if you are to have the service which you need. But each commander goes out determined to pursue the opposite course, and the losses resulting from their own evil ways are repaired by the damages which fall on you.
[15] καὶ τούτων οὐδέν ἐστιν ἄλογον. δεδώκατε γὰρ τοῖς βουλομένοις ἀδικεῖν, ἂν μὲν λάθωσιν, ἔχειν, ἐὰν δὲ ληφθῶσι, συγγνώμης τυχεῖν: τοῖς οὖν ἠμεληκόσι δόξης ἄδεια ποιεῖν ὅ τι ἂν βούλωνται γέγονεν. τῶν μὲν τοίνυν ἰδιωτῶν τοὺς μετὰ τοῦ παθεῖν μανθάνοντας ἀπροσκέπτους ὀνομάζομεν: ὑμᾶς δέ, οἵτινες οὐδὲ πεπονθότες πολλάκις ἤδη φυλάττεσθε, τί τις καλέσειεν ἄν;
[15] And this is but natural. For you have suffered those who choose to act dishonestly, if they escape discovery, to keep what they have stolen, and, even if they are caught, to win pardon; those therefore who have no regard for their reputation have acquired licence to do as they please. Men in private life who learn only through suffering we call lacking in foresight; what, then, should we call you, who are not on your guard even after repeated suffering?
[16] ἄξιον τοίνυν καὶ περὶ τῶν συνειρηκότων εἰπεῖν. οὕτως γὰρ ἡγοῦνταί τινες ἐξουσίαν εἶναι σφίσιν καὶ ποιεῖν ὅ τι βούλονται καὶ λέγειν παρ᾽ ὑμῖν, ὥστε τῶν τότε συγκατηγορούντων μετ᾽ Ἀριστοφῶντος καὶ πικρῶν ὄντων τοῖς μεμισθωκόσι τὰς τριηραρχίας νῦν κελεύουσί τινες τούτους στεφανῶσαι, καὶ δυοῖν θάτερον ἐξελέγχουσιν αὑτούς, ἢ τότ᾽ ἐκείνους ἀδίκως συκοφαντοῦντες, ἢ νῦν τοῖσδ᾽ ἐπὶ μισθῷ συνηγοροῦντες.
[16] It is right that I should say something about those who have spoken as their advocates. Certain people are so convinced that they have the right to do or say whatever they please before you, that some of those who joined with Aristophon in preferring his charges, and were bitter against those who let out their trierarchies, now bid you to crown these people here; and they prove one or the other of two things against themselves. Either in the former instance they brought forward charges that were baseless, or they have now been bribed to plead the cause of my opponents;
[17] καὶ χαρίσασθαι κελεύουσιν ὑμᾶς, ὥσπερ περὶ δωρεᾶς, ἀλλ᾽ οὐ περὶ νικητηρίων τῶν λόγων ὄντων, ἢ καὶ χάριν τιθεμένων διὰ τῶν τοιούτων τοῖς ἀμελοῦσιν ὑμῶν, ἀλλ᾽ οὐ διὰ τῶν βελτιόνων τοῖς ὑπηρετοῦσιν ἃ δεῖ χαρίζεσθαι προσῆκον. ἔπειθ᾽ οὕτως ὀλιγωροῦσιν τοῦ δοκεῖν ἐπιεικεῖς εἶναι, καὶ παντελῶς τἄλλα πάρεργα πρὸς τὸ λαβεῖν νομίζουσιν, ὥστ᾽ οὐ μόνον τοῖς πρότερον ῥηθεῖσιν ὑφ᾽ αὑτῶν ἐναντία τολμῶσιν δημηγορεῖν, ἀλλὰ καὶ νῦν οὐ ταὐτὰ λέγουσιν ἑαυτοῖς, οἵτινες τοὺς μὲν ναύτας φασὶ δεῖν οἰκείους εἶναι τῆς τριήρους τῆς ληψομένης τὸν στέφανον, τῶν δὲ τριηράρχων τοὺς ἠλλοτριωκότας αὑτοὺς ἀπὸ τῆς λῃτουργίας, τούτους στεφανῶσαι κελεύουσι.
[17] and they bid you grant them a favor, as if the argument were about a gift instead of a prize, or as if you, at the instance of men like them, were seeking to win the favor of those who neglect your interests, and as if it were not rather your duty, at the instance of better men, to show favor to those who serve you as they should. Then again, they care so little for a good reputation, and are so thoroughly of the opinion that everything is of secondary importance compared with gain, that they not only have the audacity to contradict in their public speeches what they said before, but even now their statements do not agree; for they assert that the trireme which is to win the crown should have its proper crew on board, yet they bid you crown the trierarchs who have let their service devolve upon others.
[18] καὶ φασὶ μὲν οὐδένα τούτων πρότερον παρασκευάσασθαι, κελεύουσι δὲ κοινῇ στεφανοῦν ἡμᾶς, τοῦ ψηφίσματος οὐ ταῦτα λέγοντος. ἐγὼ δὲ τοσούτου δέω τοῦτο συγχωρεῖν ὅσουπερ καὶ μεμισθωκέναι τὴν τριηραρχίαν: οὔτε γὰρ τοῦθ᾽ ὑπομείναιμ᾽ ἂν οὔτ᾽ ἐκεῖν᾽ ἐποίησα. προσποιοῦνται μὲν τοίνυν ὑπὲρ τοῦ δικαίου συνηγορεῖν, σπουδάζουσιν δὲ μᾶλλον ἢ προῖκ᾽ ἄν τις ὑμῶν πράττων, ὥσπερ ἄξια τοῦ μισθοῦ ποιῆσαι προσῆκον ἑαυτοῖς, ἀλλ᾽ οὐ γνώμην ἀποφήνασθαι.
[18] And they state that no one got his ship in readiness before my opponents did, yet they bid you crown us jointly, which is not what the decree orders. I am as far from granting this as I am from having let out my trierarchy; I would not submit to the one, nor have I done the other. They pretend to be pleading in the interests of justice, but they show more zeal than any one of you would do without reward, as though their duty was to earn their pay, not to give an opinion.
[19] εἶθ᾽ ὥσπερ οὐχὶ πολιτείας κοινῆς μετέχοντες καὶ διὰ ταῦτα τῷ βουλομένῳ λέγειν ἐξόν, ἀλλ᾽ ἱερωσύνην ἰδίαν αὐτοί τινα ταύτην ἔχοντες, ἐὰν ὑπὲρ τῶν δικαίων ἐν ὑμῖν τις εἴπῃ, δεινὰ πάσχουσιν καὶ θρασὺν εἶναί φασιν. καὶ εἰς τοσοῦτον ἀναισθησίας προήκουσιν, ὥστ᾽ οἴονται τὸν ἅπαξ εἰρηκότ᾽ ἂν καλέσωσιν ἀναιδῆ, σφᾶς αὐτοὺς πάντ᾽ ἂν τὸν βίον καλοὺς κἀγαθοὺς νομίζεσθαι.
[19] And then, as if they were not members of a free state, in which because of this fact anyone who chooses has the right to speak, but as if they possessed this right as a sort of sacred prerogative of their own, if any man speaks in your midst in defence of what is right, they feel themselves grossly wronged, and say that he is an impudent fellow. And they have gone so far in their senseless folly, that they think that, if they call a man impudent who has spoken but once, they will themselves be thought good and worthy men all their lives.
[20] καίτοι διὰ μὲν τὰς τούτων δημηγορίας πολλὰ χεῖρον ἔχει, διὰ τοὺς δ᾽ οἰομένους δεῖν τὰ δίκαι᾽ ἀντιλέγειν οὐ πάντ᾽ ἀπόλωλεν. τοιούτους τοίνυν τοὺς συνεροῦντας αὑτοῖς παρεσκευασμένοι, καὶ τοσαύτην βλασφημίαν εἰδότες οὖσαν καθ᾽ ἑαυτῶν τοῖς βουλομένοις τι λέγειν φλαῦρον, ὅμως εἰς λόγον ἠξίωσαν καταστῆναι καὶ κακῶς τιν᾽ ἐτόλμησαν εἰπεῖν, οἷς ἀγαπητὸν ἦν μὴ πάσχουσιν κακῶς αὐτοῖς.
[20] Yet it is because of the public speeches of these men that many matters are going from bad to worse, while it is owing to those who honestly oppose them that not everything is lost. Such are the pleaders, then, that my opponents have engaged to speak on their behalf, and so readily open to attack are they themselves for any who wish to speak any ill of them （as they well know）; yet they have seen fit to contest this matter, and they have had the audacity to speak ill of another, when they should have been well content to keep out of trouble themselves.
[21] τοῦ τοίνυν τούτους ἀδίκους εἶναι καὶ θρασεῖς οὐδένες ὑμῶν εἰσιν αἰτιώτεροι: παρὰ γὰρ τῶν λεγόντων, οὓς ἴστ᾽ ἐπὶ μισθῷ τοῦτο πράττοντας, πυνθάνεσθε ποῖόν τιν᾽ ἕκαστον δεῖ νομίζειν, οὐκ αὐτοὶ θεωρεῖτε. καίτοι πῶς οὐκ ἄτοπον τούτους μὲν αὐτοὺς πονηροτάτους τῶν πολιτῶν νομίζειν, τοὺς δ᾽ ὑπὸ τούτων ἐπαινουμένους χρηστοὺς ἡγεῖσθαι;
[21] For the wrongdoing and insolence of these men nobody is more to blame than yourselves; for you inquire what the character of every man is from the speakers who you know are doing what they do for pay; you do not investigate for yourselves. Yet is it not absurd for you to consider these orators themselves the basest of your citizens, but to regard those whom they praise as worthy men?
[22] καὶ γάρ τοι πάντα δι᾽ αὑτῶν ποιοῦνται, καὶ μόνον οὐχ ὑπὸ κήρυκος πωλοῦσι τὰ κοινά, καὶ στεφανοῦν, ὃν ἂν αὐτοῖς δοκῇ, καὶ μὴ στεφανοῦν κελεύουσι, κυριωτέρους αὑτοὺς τῶν ὑμετέρων δογμάτων καθιστάντες. ἐγὼ δ᾽ ὑμῖν, ὦ ἄνδρες Ἀθηναῖοι, παραινῶ μὴ ποιεῖν τὴν τῶν ἀναλίσκειν ἐθελόντων φιλοτιμίαν ἐπὶ τῇ τῶν λεγόντων πλεονεξίᾳ. εἰ δὲ μή, διδάξετε πάντας τὰ μὲν ὑφ᾽ ὑμῶν προσταττόμεν᾽ ὡς εὐτελέστατα διοικεῖν, τοὺς δ᾽ ὑπὲρ τούτων ἀναιδῶς εἰς ὑμᾶς ψευδομένους ὡς πλείστου μισθοῦσθαι.
[22] For they are their own masters in all that they do, and they all but sell the public weal by the voice of the common crier; and they order you to crown, or not to crown, whomsoever they will, setting themselves up as superior to your decrees. I advise you, men of Athens, not to allow the ambitions of those who are ready to lavish their money to be dependent upon the greed of those who serve as pleaders. Otherwise you will teach all to perform the duties imposed by you with the least possible outlay, but to hire the largest number of people possible to utter impudent falsehoods before you in support of their claims.
πρὸς Κάλλιππον — APOLLODORUS AGAINST CALLIPUS
[1] οὐκ ἔστιν χαλεπώτερον οὐδέν, ὦ ἄνδρες δικασταί, ἢ ὅταν ἄνθρωπος δόξαν ἔχων καὶ δυνάμενος εἰπεῖν τολμᾷ ψεύδεσθαι καὶ μαρτύρων εὐπορῇ. ἀνάγκη γάρ ἐστιν τῷ φεύγοντι μηκέτι περὶ τοῦ πράγματος μόνον λέγειν, ἀλλὰ καὶ περὶ αὐτοῦ τοῦ λέγοντος, ὡς οὐκ εἰκὸς αὐτῷ διὰ τὴν δόξαν πιστεύειν.
[1] There is no situation harder to deal with, men of the jury, than when a man possessing both reputation and ability to speak is audacious enough to lie and is well provided with witnesses. For it becomes necessary for the defendant, no longer to speak merely about the facts of the case, but about the character of the speaker as well, and to show that he ought not to be believed on account of his reputation.
[2] εἰ γὰρ ἔθος καταστήσετε τοῖς δυναμένοις εἰπεῖν καὶ δόξαν ἔχουσι μᾶλλον πιστεύειν ἢ τοῖς ἀδυνατωτέροις, ἐφ᾽ ὑμῖν αὐτοῖς ἔσεσθε τὸ ἔθος τοῦτο κατεσκευακότες. δέομαι οὖν ὑμῶν, εἴπερ τι καὶ ἄλλο πώποτε πρᾶγμα αὐτὸ καθ᾽ αὑτὸ ἐδικάσατε, μηδὲ μεθ᾽ ἑτέρων τὴν γνώμην γενόμενοι, μήτε μετὰ τῶν διωκόντων μήτε μετὰ τῶν φευγόντων, ἀλλὰ τὸ δίκαιον σκεψάμενοι, οὕτω καὶ νῦν διαγνῶναι. ἐξ ἀρχῆς δ᾽ ὑμῖν διηγήσομαι.
[2] If you are to establish the custom, that those who are able speakers and who enjoy a reputation are more to be believed than men of less ability, it will be against yourselves that you will have established this custom. I beg you therefore, if you ever decided any other case upon its merits, without becoming partisans of either side, whether the plaintiff’s or the defendant’s, but looking to justice alone, to decide the present case upon these principles. And I shall set forth the facts to you from the beginning.
[3] Λύκων γὰρ ὁ Ἡρακλεώτης, ὦ ἄνδρες δικασταί, οὗτος ὃν καὶ αὐτὸς λέγει, τῇ τραπέζῃ τῇ τοῦ πατρὸς ἐχρῆτο, ὥσπερ καὶ οἱ ἄλλοι ἔμποροι, ξένος μὲν ὢν Ἀριστόνῳ τῷ Δεκελεῖ καὶ Ἀρχεβιάδῃ τῷ Λαμπτρεῖ, ἄνθρωπος δέ τις σώφρων. οὗτος ἐπειδὴ ἐκπλεῖν ἔμελλεν εἰς τὴν Λιβύην, διαλογισάμενος πρὸς τὸν πατέρα τὸν ἐμὸν ἐναντίον Ἀρχεβιάδου καὶ Φρασίου προσέταξεν τὸ ἀργύριον ὃ κατέλειπεν （ἦν δὲ τοῦτο ἑκκαίδεκα μναῖ καὶ τετταράκοντα δραχμαί, ὡς ἐγὼ ὑμῖν πάνυ ἀκριβῶς ἐπιδείξω） Κηφισιάδῃ ἀποδοῦναι, λέγων ὅτι κοινωνὸς εἴη αὑτοῦ ὁ Κηφισιάδης οὗτος, οἰκήτωρ μὲν ὢν ἐν Σκίρῳ, ἐν δὲ τῷ παρόντι ἐφ᾽ ἑτέρᾳ ἀποδημῶν ἐμπορίᾳ.
[3] Lycon, the Heracleote, men of the jury, of whom the plaintiff himself makes mention, was a customer of my father’s bank like the other merchants, a guest friend of Aristonoüs of Decelea and Archebiades of Lamptrae, and a man of prudence. This Lycon, when he was about to set out on a voyage to Libya, reckoned up his account with my father in the presence of Archebiades and Phrasias, and ordered my father to pay the money which he left （it was sixteen minae forty drachmae, as I shall show you very clearly） to Cephisiades, saying that this Cephisiades was a partner of his, a resident of Scyros, but was for the time being abroad on another mercantile enterprise.
[4] δεῖξαι δ᾽ αὐτὸν τῷ πατρὶ τῷ ἐμῷ καὶ συστῆσαι τῷ Ἀρχεβιάδῃ καὶ τῷ Φρασίᾳ προσέταξεν, ἐπειδὴ ἥκοι ἐκ τῆς ἀποδημίας. εἰώθασι δὲ πάντες οἱ τραπεζῖται, ὅταν τις ἀργύριον τιθεὶς ἰδιώτης ἀποδοῦναί τῳ προστάττῃ, πρῶτον τοῦ θέντος τοὔνομα γράφειν καὶ τὸ κεφάλαιον τοῦ ἀργυρίου, ἔπειτα παραγράφειν ‘τῷ δεῖνι ἀποδοῦναι δεῖ’, καὶ ἐὰν μὲν γιγνώσκωσι τὴν ὄψιν τοῦ ἀνθρώπου ᾧ ἂν δέῃ ἀποδοῦναι, τοσοῦτο μόνον ποιεῖν, γράψαι ᾧ δεῖ ἀποδοῦναι, ἐὰν δὲ μὴ γιγνώσκωσι, καὶ τούτου τοὔνομα προσπαραγράφειν ὃς ἂν μέλλῃ συστήσειν καὶ δείξειν τὸν ἄνθρωπον, ὃν ἂν δέῃ κομίσασθαι τὸ ἀργύριον.
