Greek Texts & Translations

20.155Now the law of Leptines, Athenians, does harm not only by abolishing the rewards of good service and so rendering fruitless the good intentions of those who are ambitious for honor, but also by leaving our city under the serious reproach of imbecility. For you are of course aware that for each grave offence a single penalty is provided by the law, which says explicitly that “at any trial there shall be not more than one assessment of penalty, whichever the court imposes, whether a personal punishment or a fine, but not both.” 20.156But Leptines has used a different measure and says that if anyone claims a return from you, “he shall be disfranchised, and his property shall be confiscated.” There you have two penalties. “The process shall be by laying information or by summary arrest; and if he be convicted, he shall be liable under the law which provides for the case of a man holding office while in debt to the treasury.” Death is what he means, for such is the punishment in that case. Why, here are three penalties! ^note Is it not monstrously hard, Athenians, if it proves more serious in your courts to ask for a return for good service than to be convicted of some heinous crime?

20.157Men of Athens, this law, so dishonorable, so unsound, so suggestive of envy and spite and—I spare you the rest. Those are the sort of things that the framer of the law seems to favor, but you must not imitate them nor display sentiments unworthy of yourselves. I ask you in Heaven's name, what should we all most earnestly deprecate? What do all our laws most carefully guard against? What but those vengeful murders against which our specially appointed protector is the Council of the Areopagus? 20.158Now Draco, in this group of laws, marked the terrible wickedness of homicide by banning the offender from the lustral water, the libations, the loving-cup, the sacrifices and the market-place; he enumerated everything that he thought likely to deter the offender; but he never robbed him of his claim to justice; he defined the circumstances that make homicide justifiable and proclaimed the accused in such case free from taint. If, then, your laws can justify homicide, is this fellow's law to forbid any claim, even a just one, to recompense? Not so, men of Athens! 20.159Do not let it appear that you have been more diligent to prevent any of your benefactors from winning a recompense than to suppress murder in your city. Rather, recalling the occasions on which you have repaid the services rendered you, and remembering the inscription of Demophantus, already referred to by Phormio, on which it stands written and confirmed by oath that whoso shall suffer in defence of the democracy shall receive the same reward as Harmodius and Aristogiton, vote for the repeal of this law; for if you do not, it is impossible for you to observe your oaths.

20.160And besides all this, observe a further point. That law cannot be a sound one which deals with the past and the future in the same way. “None,” says this law, “shall be immune save and except the descendants of Harmodius and Aristogiton.” Good! “Nor shall anyone in future be granted immunity.” What! not even if other such benefactors arise, Leptines? If you found fault with the past, can it be that you also foresaw the future? 20.161Because, you will say, we are now past such expectation. ^note I pray that we may be, Athenians. But as we are mere mortals, neither our language nor our laws should offend religious sentiment; we may both expect blessings and pray for them, but we must reflect that all things are conditioned by mortality. For the Lacedaemonians never dreamed that they would be brought to their present straits, and perhaps even the Syracusans, once a democracy, who exacted tribute from the Carthaginians and ruled all their neighbors and beat at us at sea, little thought they would fall under the tyranny of a single clerk, ^note if report be true. 20.162Nor again could the present Dionysius ^note ever have exacted that Dion would come against him in a cargo-boat with a handful of soldiers and expel the master of so many warships and mercenaries and cities. But, methinks, the future is hidden from all men, and great events hang on small chances. Therefore we must be modest in the day of prosperity, and must show that we are not blind to the future.

20.163There are still many arguments that one might develop at length, showing that this law is in every respect unsound and opposed to your interests; but to sum up and bring my speech to a conclusion, I will ask you to do this. Calculate and compare in your own minds what will happen to you if you repeal this law, and what if you do not; and then be careful to remember all the consequences of either step, so that you may make the better choice.