Delphi Complete Works of Demosthenes, page 580
[39] That you ought not, then, whether on account of the indictments which have been read, or for any other reason, to acquit Theocrines in defiance of all the laws concerning criminal informations, is reasonably clear from what has been said. I think, however, men of the jury, that you are not aware of the excuses of these men, of their accusations, and their pretended enmities.
[40] οὐ γὰρ ὀλιγάκις ἑοράκατ᾽ αὐτοὺς ἐπὶ μὲν τῶν δικαστηρίων καὶ τοῦ βήματος ἐχθροὺς εἶναι φάσκοντας ἀλλήλοις, ἰδίᾳ δὲ ταὐτὰ πράττοντας καὶ μετέχοντας τῶν λημμάτων, καὶ τοτὲ μὲν λοιδορουμένους καὶ πλύνοντας αὑτοὺς τἀπόρρητα, μικρὸν δὲ διαλιπόντας τοῖς αὐτοῖς τούτοις συνδεκαδίζοντας καὶ τῶν αὐτῶν ἱερῶν κοινωνοῦντας. καὶ τούτων οὐδὲν ἴσως θαυμάσαι ἄξιόν ἐστιν: φύσει τε γάρ εἰσι πονηροί, καὶ τὰς τοιαύτας προφάσεις ὁρῶσιν ὑμᾶς ἀποδεχομένους, ὥστε τί κωλύει ταύταις αὐτοὺς χρωμένους ἐξαπατᾶν ὑμᾶς πειρᾶσθαι;
[40] For you have not infrequently seen them in the court-rooms and on the platform, declaring that they are personal foes to one another, but in private following the same pursuits and sharing the profits; at one time reviling and abusing one another in foulest terms, and a little later associating in family festivals with these same people, and taking part in the same sacrifices. And not one of these things is perhaps to be wondered at. For the men are by nature base, and they see that you accept such excuses; so what is to prevent their using them and trying to deceive you?
[41] ὅλως δ᾽ ἔγωγε οἶμαι δεῖν ὑμᾶς, ὦ ἄνδρες δικασταί, ὑπὲρ αὐτοῦ τοῦ πράγματος σκεψαμένους, εἰ μὲν δίκαια λέγω καὶ κατὰ τοὺς νόμους, βοηθεῖν μοι, μηδὲν ὑπολογισαμένους εἰ μὴ Δημοσθένης ἐστὶν ὁ κατηγορῶν, ἀλλὰ μειράκιον, μηδὲ νομίζειν κυριωτέρους δεῖν εἶναι τοὺς νόμους, ἂν εὖ τις τοῖς ὀνόμασι συμπλέξας αὐτοὺς τούτους ὑμῖν παράσχηται, τῶν ὅπως ἔτυχεν λεγόντων, ἀλλὰ τοὺς αὐτούς, καὶ τοσούτῳ μᾶλλον τοῖς ἀπείροις καὶ τοῖς νέοις βοηθεῖν, ὅσῳπερ ἂν ἧττον ἐξαπατήσειαν ὑμᾶς.
[41] For my part I hold that it is absolutely your duty, men of the jury, to fix your attention on the matter at issue and on nothing else, and then, if my plea seems to you just and in accordance with law, to give me your support, caring nothing for the fact that it is not Demosthenes who prefers the charges, but a mere stripling. You are bound also to hold that the laws are not more binding when one presents them to you carefully in rhetorical language than when they are recited in the speech of every day. No; they are the same laws; and you should all the more readily give aid to the young and inexperienced, since they are less likely to lead you astray.
[42] ἐπεὶ διότι τοὐναντίον ἐστίν, καὶ οὐχ οὗτος, ἀλλ᾽ ἐγὼ κατεστασίασμαι, καὶ φησάντων τινῶν μοι συναγωνιεῖσθαι προδέδομαι διὰ τὰς τούτων ἑταιρείας, ἐκείνως δῆλον ὑμῖν ἔσται. καλείτω ὁ κῆρυξ οὗτος τὸν Δημοσθένην: οὐκ ἀναβήσεται. τὸ δ᾽ αἴτιόν ἐστιν, οὐ τὸ ἐμὲ ὑπό τινων πεπεισμένον ἐνδεῖξαι τουτονί, ἀλλὰ τοῦτον καὶ τὸν ἄρτι καλούμενον διαλελύσθαι. καὶ τοῦθ᾽ ὅτι ἐστὶν ἀληθές, ἀναγκάσω μὲν μαρτυρεῖν καὶ Κλεινόμαχον τὸν συναγαγόντ᾽ αὐτοὺς καὶ Εὐβουλίδην τὸν ἐν Κυνοσάργει παραγενόμενον:
[42] For that the case is the exact opposite of what my opponent asserts, — that it is not he, but I, who am the victim of a cabal, and that, after certain persons had declared that they would aid me in my suit, I have been betrayed because of the cliques formed by these men, — all this will be made clear to you in the following way. Let the crier here call Demosthenes. He will not come forward. The reason is, not that I have been induced by certain persons to lodge criminal information against this man, but that he and the one just now mentioned have come to terms with one another. To prove that this is true, I will compel to testify both Cleinomachus, who brought them together, and Eubulides, who was with them in Cynosarges;
[43] οὐ μὴν ἔλατ- τόν γε τούτου σημεῖον ὑμῖν, ἀλλὰ μεῖζον παρασχήσομαι διότι τοῦτ᾽ ἔστιν ἀληθές, ὃ πάντες ἀκούσαντες ὁμολογήσετε. Θεοκρίνης γὰρ οὑτοσὶ τοῦτον διώκων παρανόμων, τὸν μιαρόν, ὡς αὐτίκα φήσει, καὶ τῶν νῦν αὐτῷ κακῶν αἴτιον, φανερῶς ἀφῆκε τῆς γραφῆς, ἐφ᾽ ᾗ δέκα τάλαντα ἐπεγράψατο τίμημα. πῶς; οὐδὲν καινὸν διαπραξάμενος, ἀλλ᾽ ὅπερ ἕτεροί τινες τῶν ὁμοίων τούτῳ. τὸν μὲν Δημοσθένην τις ὑπωμόσατο καλουμένης τῆς γραφῆς ὡς νοσοῦντα, τὸν περιιόντα καὶ λοιδορούμενον Αἰσχίνῃ: τοῦτον δ᾽ οὗτος τὸν ἐχθρὸν εἴασεν, καὶ οὔτε τότε ἀνθυπωμόσατο οὔθ᾽ ὕστερον ἐπήγγελκεν. ἆρ᾽ οὐ περιφανῶς οὗτοι φενακίζουσιν ὑμᾶς τοὺς προσέχοντας τούτοις ὡς ἐχθροῖς; λέγε τὰς μαρτυρίας.”Μαρτυρίαι”
[43] and I will further produce what you will all acknowledge when you have heard it, to be, not a weaker, but a stronger proof that my statement is true. For Theocrines here, when prosecuting for illegal action this abominable person, as he will presently call him, and the one who is the cause of his present troubles, openly discharged him from the indictment, in which he had fixed the penalty at ten talents. How? By doing nothing startling, but the very thing that others of his stamp have done. When the indictment was called, someone filed an affidavit for postponement, declaring that Demosthenes was ill — Demosthenes, who was going about and abusing Aeschines. This enemy of his, then, this fellow has let off, and he neither at the time filed a counter-affidavit, nor did he subsequently call the case for trial. Are not these men manifestly hoodwinking you, when you entertain the idea that they are personal foes?
Read the depositions.” Depositions”
[44] οὐκοῦν δίκαιόν ἐστιν, ὦ ἄνδρες δικασταί, μηδ᾽ ὑμᾶς τῶν φησόντων Θεοκρίνῃ διὰ τὴν πρὸς Δημοσθένην ἔχθραν συνερεῖν ἐθέλειν ἀκούειν, ἀλλὰ κελεύειν αὐτούς, εἴπερ ὡς ἀληθῶς ἐχθροί εἰσιν τοῦ Δημοσθένους, αὐτὸν ἐκεῖνον γράφεσθαι καὶ μὴ ἐπιτρέπειν αὐτῷ παράνομα γράφειν. εἰσὶ δὲ δεινοὶ καὶ οὗτοι, καὶ πιστεύονται μᾶλλον παρ᾽ ὑμῖν. ἀλλ᾽ οὐ ποιήσουσι τοῦτο. διὰ τί; ὅτι φασὶ πολεμεῖν ἀλλήλοις οὐ πολεμοῦντες.
[44] It is not right, then, men of the jury, that you any more than we should listen to those who will declare that they are going to speak in the interest of Theocrines because of their enmity to Demosthenes. No; if they are in truth enemies of Demosthenes, you should bid them bring their indictments against him, and not permit him to propose illegal decrees. These people too are clever, and you are more apt to give them credence. They will not, however, take the course which I mention. For what reason? Because they claim to be at war with one another, although they are not at war.
[45] περὶ μὲν οὖν τῆς τούτων ἔχθρας ὑμεῖς ἂν ἀκριβέστερον ἐμοὶ διεξέλθοιτε ἢ ἐγὼ ὑμῖν. ἡδέως δ᾽ ἂν ἠρόμην Θεοκρίνην ἐναντίον ὑμῶν, εἴ μοι ἔμελλεν ἀποκρινεῖσθαι δικαίως, τί ποτ᾽ ἂν ἐποίησεν, ἐπειδή φησιν ἐπὶ τῷ κωλύειν τετάχθαι τοὺς παράνομα γράφοντας, εἴ τις ἐν τῷ δήμῳ διαλεχθεὶς ἅπασι τοῖς πολίταις καὶ πείσας ἔγραψεν ἐξεῖναι τοῖς ἀτίμοις καὶ τοῖς ὀφείλουσιν τῷ δημοσίῳ γράφεσθαι, φαίνειν, ἐνδεικνύειν,
[45] With reference to the enmity of these people you could give me more exact information than I can give you. I should be glad, however, to ask Theocrines in your presence, if only he would give me an honest answer, what he would have done — he who declares that he has been assigned the duty of putting a stop to the proposers of illegal decrees — if anyone, after speaking to the whole body of citizens in the assembly and winning their assent, had proposed a decree, permitting those who had lost their civic rights and those indebted to the public treasury to indict, denounce, and lodge criminal informations — in a word to do all the things which the law now forbids them to do —
[46] ἁπλῶς ποιεῖν ὅσαπερ νῦν ὁ νόμος κωλύει πράττειν, πότερον ἐγράψατο ἂν παρανόμων τὸν ταῦτ᾽ εἰπόντα, ἢ οὔ; εἰ μὲν γὰρ μή φήσει ἂν γράψασθαι, πῶς χρὴ πιστεύειν αὐτῷ λέγοντι, ὡς φυλάττει τοὺς παράνομα γράφοντας; εἰ δ᾽ ἐγράψατ᾽ ἄν, πῶς οὐ δεινόν ἐστιν ἑτέρου μὲν γράψαντος κωλύειν ἂν τέλος ἔχειν τὸ ψήφισμα, ἵνα μὴ πάντες τοῦτο ποιῶσι, καὶ γραφὴν ἀπενεγκόντα παραγραψάμενον σαφῶς τοὺς νόμους κωλύειν τὸ πρᾶγμα,
[46] would he have indicted for illegality the one who proposed that decree, or would he not? If he says he would not, how can you believe him when he states that he is on the watch for those who propose illegal decrees? And if he would have brought in an indictment, is it not an outrageous thing, that when another proposed the bill, he should prevent its being finally enacted, to the end that all should not have this privilege, and should put a stop to the matter by preferring an indictment, plainly writing by its side the words of the laws;
[47] νυνὶ δὲ αὐτὸν τοῦτον, μήτε πείσαντα τὸν δῆμον μήτε κοινὸν καταστήσαντα τὸ πρᾶγμα, γράφεσθαι τῶν νόμων αὐτῷ ἀπαγορευόντων （καὶ δεινὰ φήσει αὐτίκα δὴ μάλα πάσχειν, εἰ μὴ ταῦτ᾽ ἐξέσται ποιεῖν αὐτῷ, καὶ διέξεισι τὰς ἐκ τῶν νόμων ζημίας, αἷς ἔνοχος ἐὰν ἁλῷ γενήσεται） τῶν δὲ νόμων μὴ φροντίζειν, ἀλλ᾽ ἀξιοῦν αὑτῷ τηλικαύτην δωρεὰν δεδόσθαι παρ᾽ ὑμῶν, ὅσην οὐδ᾽ αἰτῆσαι τετόλμηκεν οὐδείς;
[47] and yet should now, without having won the people’s consent or made the matter public, himself continue to prefer indictments, when the laws forbid him to do so? And he will say presently that he is being abominably treated if he is not to be allowed to continue to do this, and will rehearse the penalties provided by the laws, to which he will be liable, if convicted. Is it not an outrage that he should flout the laws, but claim that there has been granted to him by you a privilege so great that no one else has dared even to ask for it?
[48] ὅτι μὲν οὖν περὶ τῆς ἐνδείξεως οὐδὲν ἕξει δίκαιον λέγειν οὔτε Θεοκρίνης οὔτε τῶν ὑπὲρ τούτου λεγόντων οὐδείς, σχεδὸν εἰδέναι πάντας ὑμᾶς νομίζω. οἶμαι δ᾽ αὐτοὺς ἐπιχειρήσειν λέγειν, ὡς οὐδ᾽ εἰσὶν ἐνδείξεις τούτων ὅσοι μὴ ἐν ἀκροπόλει ἐγγεγραμμένοι εἰσίν, οὐδ᾽ ἐστὶ δίκαιον τούτους ὑπολαμβάνειν ὀφείλειν ὧν οὐδεὶς παρέδωκε τοῖς πράκτορσι τὰ ὀνόματα,
[48] That in regard to the criminal information, therefore, neither Theocrines nor anyone of those who speak in his behalf will have any just argument to advance, I take it you are all pretty well assured. I fancy, however, that they will try to maintain that criminal informations may not be lodged against those who are not registered on the Acropolis, and that it is not right to consider those as debtors whose names no one has given over to the collectors,
[49] ὥσπερ ὑμᾶς ἀγνοήσοντας τὸν νόμον, ὃς ὀφείλειν κελεύει ἀπ᾽ ἐκείνης τῆς ἡμέρας, ἀφ᾽ ἧς ἂν ὄφλῃ ἢ παραβῇ τὸν νόμον ἢ τὸ ψήφισμα, ἢ οὐ πᾶσι δῆλον ὂν ὅτι πολλαχῶς καὶ ὀφείλουσι τῷ δημοσίῳ καὶ ἐκτίνουσιν οἱ βουλόμενοι τοῖς νόμοις πείθεσθαι, καὶ τοῦτο ἐξ αὐτοῦ τοῦ νόμου δῆλον. καί μοι πάλιν λαβὲ τὸν νόμον τοῦτον.”Νόμος”
ἀκούεις, ὦ μιαρὸν σὺ θηρίον, ὅ τι κελεύει; ‘ἀφ᾽ ἧς ἂν ὄφλῃ ἢ τὸν νόμον παραβῇ.’
[49] just as though you were unaware of the law which declares a man a debtor from the day on which the penalty has been imposed or on which he has transgressed the law or the decree; or as if it were not clear to everybody that there are many ways in which people who wish to obey the laws become debtors to the treasury and meet the obligation. This is plain from the law itself.
Take this law again, please.” Law”
Do you hear, you abominable beast, what the statute says? “From the day on which the penalty shall be imposed or on which he transgresses the law.”
[50] ἀκούω τοίνυν αὐτοὺς κἀκεῖνον ὑμῖν μέλλειν δεικνύναι τὸν νόμον, ὃς ἀπαλείφειν κελεύει τοῖς ἐγγεγραμμένοις ἀπὸ τοῦ ὀφλήματος καθ᾽ ὅ τι ἂν ἐκτίνῃ, καὶ ἐρήσεσθαι πῶς ἀπὸ τοῦ μηδ᾽ ἐγγεγραμμένου ἀπαλείψουσιν, ὥσπερ οὐ περὶ μὲν τῶν ἐγγεγραμμένων τοῦτον κείμενον, περὶ δὲ τῶν μὴ ἐγγεγραμμένων ὀφειλόντων δ᾽ ἐκεῖνον, ὃς κελεύει ἀπ᾽ ἐκείνης ὀφείλειν τῆς ἡμέρας, ἀφ᾽ ἧς ἂν ὄφλῃ ἢ παραβῇ τὸν νόμον ἢ τὸ ψήφισμα.
[50] I hear that they are going to produce also that law which ordains that, in the interest of those who are inscribed on the register, whatever portion of the debt be paid shall be erased, and they will ask how men are to make erasures, when the debt has not even been entered on the register; as if you did not know that this statute has to do with debtors who are registered, while to those who are not registered but owe money that other law applies, which declares that one is a debtor from the day on which the penalty is incurred or on which he transgresses the law or the decree.
[51] τί οὖν οὐκ ἀγραφίου με, φήσει, γράφει, τὸν ὀφείλοντα καὶ μὴ ἐγγεγραμμένον; ὅτι ὁ νόμος οὐ κατὰ τῶν ὀφειλόντων καὶ μὴ ἐγγραφέντων κελεύει τὰς γραφὰς τοῦ ἀγραφίου εἶναι, ἀλλ᾽ οἵτινες ἂν ἐγγραφέντες καὶ μὴ ἐκτείσαντες τῇ πόλει τὸ ὄφλημα ἐξαλειφθῶσι. καί μοι λαβὲ τὸν νόμον καὶ ἀνάγνωθι.”Νόμος”
[51] Why, then, he will ask, do you not indict me for non-insertion in the register, seeing that I am a debtor, and not registered? Because the law ordains that indictments for non-insertion shall be lodged, not against those who are debtors and not registered, but against those who, although they have been registered and have not paid their debt, nevertheless have their names erased.
Take the law, please, and read it.” Law”
[52] ἀκούετε τοῦ νόμου, ὦ ἄνδρες δικασταί, ὅτι διαρρήδην λέγει, ἐάν τις τῶν ὀφειλόντων τῷ δημοσίῳ μὴ ἐκτείσας τὸ ὄφλημα τῇ πόλει ἐξαλειφθῇ, εἶναι κατ᾽ αὐτοῦ τὰς γραφὰς πρὸς τοὺς θεσμοθέτας τοῦ ἀγραφίου, καὶ οὐ κατὰ τοῦ ὀφείλοντος καὶ μὴ ἐγγεγραμμένου, ἀλλ᾽ ἔνδειξιν κελεύει καὶ ἄλλας τιμωρίας κατὰ τούτων εἶναι. ἀλλὰ σὺ τί διδάσκεις με πάντας τοὺς τρόπους οἷς δεῖ με τιμωρήσασθαι τοὺς ἐχθρούς, ἀλλ᾽ οὐ καθ᾽ ὃν εἰσελήλυθα, τοῦτον ἀπολογεῖ;
