Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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21.91But now that he has disfranchised the man he wanted to, and you have indulged him in this; now that he has sated that shameless temper that prompted him to this course, has he finished the business? Has he paid the fine, to escape which he ruined the poor fellow? Not a brass farthing of it to this day! He submits rather to be the defendant in an action for ejectment. So the one man is disfranchised and ruined on a side issue; the other is unscathed and is playing havoc with the laws, the arbitrators, and everything else that he pleases. 21.92Moreover, he has secured the validity of the award against the arbitrator, which he maneuvered to get without serving a summons, while the suit which he lost to me, wittingly and after due summons, this he renders invalid.] Yet if such is the vengeance that he claims from arbitrators who have given judgement against him by default, what vengeance ought you to wreak on a man who openly and wantonly transgresses your laws? [For if disfranchisement and loss of all legal and civil rights is a fitting punishment for that other offence, death seems an inadequate one for this reckless outrage.] 21.93However, to prove the truth of my statements, please call the witnesses, and also read the law concerning arbitrators.Witnesses

[We, Nicostratus of Myrrhinus and Phanias of Aphidna, know that Demosthenes, for whom we appear, and Meidias, who is being prosecuted by Demosthenes, when Demosthenes brought his action against him for slander, chose Strato as arbitrator; and when the statutory day arrived, Meidias did not appear in court but abandoned the case. Judgement having gone by default against Meidias, we know that Meidias tried to induce Strato, the arbitrator, and us, who were at that time Archons, to reverse the judgement against him, and he offered us fifty drachmas, and, when we resented his offer, he threatened us and so departed. Also we know that on this account Strato was victimized by Meidias and was disfranchised contrary to all justice.]

21.94Read also the law concerning arbitrators.Law

[If any parties are in dispute concerning private contracts and wish to choose any arbitrator, it shall be lawful for them to choose whomsoever they wish. But when they have chosen by mutual agreement, they shall abide by his decisions and shall not transfer the same charges from him to another court, but the judgements of the arbitrator shall be final.]

21.95Call also Strato, the victim of this persecution, for no doubt he will be allowed to stand up in court.

This man, Athenians, is a poor man perhaps, but certainly not a bad man. He was once a citizen and served at the proper age in all the campaigns; he has done nothing reprehensible, yet now there he stands silent, stripped not only of all our common privileges, but also of the right to speak or complain; he is not even allowed to tell you whether he has suffered justly or unjustly. 21.96All this he has endured at the hands of Meidias, and from the wealth and pride of Meidias, because he himself is poor and friendless and just one of the multitude. If in violation of the laws he had accepted the fifty drachmas and changed his verdict from a condemnation to an acquittal, he would now be a full citizen, untouched by harm and sharing with the rest of us in our common rights; but because he disregarded Meidias in comparison with justice and feared the laws more than his threats, therefore he has met with this great and terrible misfortune through the act of this man. 21.97And then this same man, so cruel, so heartless, who has taken such dire vengeance for his wrongs—you have only his word for them, for he really suffered none—will you acquit him when you have detected him in a wanton outrage on one of the citizens? [If he regards neither festivals nor temples nor law nor anything else, will you not condemn him? Will you not make an example of him?] 21.98If not, what have you to say, gentlemen of the jury? What fair and honorable excuse, in heaven's name, can you find for him? Is it because he is a ruffian and a blackguard? That is true enough, but surely, men of Athens, your duty is to hate such creatures, not to screen them. Is it because he is wealthy? But you will find that his wealth was the main cause of his insolence, so that your duty is to cut off the resources from which his insolence springs, rather than spare him for the sake of those resources; for to allow such a reckless and abominable creature to have such wealth at his command is to supply him with resources to use against yourselves. 21.99What plea, then, is left? Pity, forsooth! He will group his children round him and weep and beg you to pardon him for their sakes. That is his last move. [But I need not remind you that pity is the due of those who unjustly suffer more than they can endure, not of those who are paying the penalty for the misdeeds they have committed.] And who could justly pity his children, when he sees that Meidias had no pity for Strato's children, whose distress is enhanced by the reflection that for their father's calamity no relief is possible? For it is not a question of paying a fixed fine and regaining his civil rights; he has been disfranchised absolutely, at one stroke, by the wanton resentment of Meidias.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 21.85 Dem. 21.94 (Greek) >>Dem. 21.103

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