| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 21.24 | Dem. 21.34 (Greek) | >>Dem. 21.44 |
21.30But the truth is quite otherwise. You never “deliver” a malefactor to his accuser; for when someone has been wronged, you do not exact the penalty in such a form as the injured party urges upon you in each case. On the contrary, laws were laid down by you before the particular offences were committed, when the future wrongdoer and his victim were equally unknown. What is the effect of these laws? They ensure for every citizen the opportunity of obtaining redress if he is wronged. Therefore when you punish a man who breaks the laws, you are not delivering him over to his accusers; you are strengthening the arm of the law in your own interests.
21.31But surely when he says, “Demosthenes was insulted,” he is met by an argument that is just and impartial and in the interests of all. It was not against the individual named Demosthenes that his brutality was directed on that occasion, but also against your chorus-master; and what that implies you may realize from the following considerations.
21.32You know of course that of the judges who sit in this court none has the name of Judge, but each has some name of his own. Therefore if a man is guilty of assault or slander against anyone of them in his private capacity, he will stand his trial on an indictment for assault or in a suit for slander; but if he assails him as judge, he will incur total disfranchisement. Why so? Because at once by the mere act he is outraging your laws, your public crown of office, and the name that belongs to the State, for Judge is not a private name but a state-title.
21.33In the same way again, if you strike or abuse the Archon when wearing his crown, you are disfranchised; but if you assault him as a private citizen, you are liable to a private suit. Moreover, this is true not only of these officials, but of everyone to whom the State grants the inviolability of a crowned office or of any other honor. Therefore in my case also, if on any other day in the year Meidias had wronged me as a private citizen, he would have had to give me private satisfaction;
21.34but if all his outrages are shown to have been aimed at your chorus-master during the holy days of the festival, it is right that he should face public resentment and pay a public penalty. For the chorus master was insulted as well as Demosthenes, and that is a concern of the State, as well as the fact that this occurred on the very days on which the laws expressly forbid it. When you are framing your laws, you must scrutinize their purport; but when you have passed them, you must uphold them and put them in force, for that is required by your oath and by justice as well.
21.35You had the law—an ancient one—of damage; you had the law of battery and the law of assault. Now if it had been sufficient that those guilty at the Dionysia of any of these offences should be punished according to these laws, there would have been no need for this further law. But it was not sufficient, and the proof of this is that you made a law to protect the sanctity of the god during the Holy Month. If, then, anyone is liable both under those pre-existing laws and under this subsequent one as well as all the rest of the laws, is he for that reason to escape punishment, or should he in fairness suffer a heavier one? I think that it should be the heavier punishment.
Athens , the Chairman for the day who is said to have been struck by Polyzelus in your court, the judge who was lately struck when trying to rescue the flute-girl, and similar cases. He imagines that if he can point to many other victims of serious assault, you will be less indignant at the assault committed upon me!
21.37But it seems to me, Athenians, that it would be reasonable for you to do just the reverse, since your duty is to be solicitous for the common good of all. For who of you is unaware that the reason for the frequency of these assaults is the failure to punish the offenders, and that the only way to prevent such assaults in the future is adequately to punish every offender who is caught? Therefore, if it is to your interest to deter others, those cases are an additional reason for punishing Meidias, and punishing him the more severely in proportion to their number and their seriousness; but if you want to encourage him and everybody, you must let him off.
21.38[Then again we shall find that he has not the same claim to consideration as these others. For in the first case the man who struck the judge had three excuses: he was drunk, he was in love, and he did not know what he was doing in the darkness and the night. Polyzelus again explained that owing to his ungovernable temper he had lost his head when he committed the offence; there was no hostility behind the act and no intention to insult. But Meidias cannot plead any of these excuses, for he was my enemy, and he assaulted me willfully by daylight, and not only on that, but on every occasion he has shown a deliberate intention to insult me.
21.39And indeed I can see no comparison between my own conduct and that of those others. In the first case it will be proved that the judge took no thought or concern for you or for the laws, but was privately induced by a sum of money—I cannot say how much—to drop his action. In the same way the man who was struck by Polyzelus was privately squared, laughed in his sleeve at you and your laws, and never even prosecuted his assailant.
21.36I have been told that Meidias goes about inquiring and collecting examples of people who have at any time been assaulted, and that these people are going to give evidence and describe their experiences to you; for instance, men of
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 21.24 | Dem. 21.34 (Greek) | >>Dem. 21.44 |
