Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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22.25Moreover you should grasp this fact, that Solon, who framed these and most of our other laws, was a very different kind of legislator from the defendant, and provided not one, but many modes of procedure for those who wish to obtain redress for various wrongs. For he knew, I think, that for all the citizens to be equally clever, or bold, or moderate folk, was impossible. If, then, he was going to frame the laws to satisfy the moderate man's claim to redress, many rascals, he reflected, would get off scot-free, but if he framed them in the interests of the bold and the clever speakers, the plain citizen would not be able to obtain redress in the same way as they would. 22.26But he thought that no one should be debarred from obtaining redress in whatever way he can best do so. How then will this be ensured? By granting many modes of legal procedure to the injured parties. Take a case of theft. Are you a strong man, confident in yourself? Arrest the thief; only you are risking a thousand drachmas. Are you rather weak? Guide the Archons to him, and they will do the rest. Are you afraid even to do this? Bring a written indictment. 22.27Do you distrust yourself, and are you a poor man, unable to find the thousand drachmas? Sue him for theft before a public arbitrator, and you will risk nothing. In the same way for impiety you can arrest, or indict, or sue before the Eumolpidae, or give information to the King-Archon. And in the same way, or nearly so, for every other offence. 22.28Now just suppose that a man, instead of rebutting the charge of crime or impiety or whatever else he may be tried for, should claim his acquittal on these grounds-in the case of an arrest, that you might have brought an action before an arbitrator and that you ought to have indicted him, or, if he is defendant in an arbitrator's court, that you ought to have arrested him, so that you might risk a fine of a thousand drachmas. Surely that would be a farce. A defendant, if innocent, need not dispute the method by which he is brought.to justice: he ought to prove hat he is innocent. 22.29In just the same way, if you, Androtion, propose a decree after having been guilty of prostitution, do not imagine that you ought to escape punishment because we might also have denounced you to the Thesmothetae, but either prove that you are innocent or submit to punishment for any decrees that you have proposed, being what you are; or you have no right to propose them. If we do not punish you by every process that the laws allow, be grateful to us for those that we omit: do not on that ground claim to pay no penalty at all.

22.30Now it is worth your while, men of Athens, to study too the character of Solon, who framed this law, and to observe what care he took of the constitution in all the laws, how much more zealous indeed he was for the constitution than for the matter on which he was legislating. This may be seen in many ways, but especially from this law, which forbids persons guilty of prostitution to make speeches or to propose measures. For he saw that the majority of you do not avail yourselves of your right to speak, so that the prohibition seemed no great hardship, and he could have laid down many harsher penalties, if his object had been the chastisement of these offenders. 22.31But that was not his aim; he imposed this disability in the interests of you and of the State, for he knew—I say, he knew that of all states the most antagonistic men of infamous habits is that in which every man is at liberty to publish their shame. And what state is that? A democracy. He thought it would be dangerous if there ever happened to coexist a considerable number of men who were bold and clever speakers, but tainted with such disgraceful wickedness. 22.32For the people may be led astray by them to make many mistakes, and such men may attempt either to overthrow the democracy completely,—for in an oligarchy, even if there are viler livers than Androtion, no one may speak evil of dignities—or to debauch the people, so that they may be as nearly as possible like themselves. He therefore absolutely forbade such men to take any share in the counsels of the State, lest the people should be deluded into some error. Disregarding all this, our honorable gentleman here thought fit not only to make speeches and proposals, though not entitled to do so, but even ventured to make illegal ones.

22.33Again, with regard to the law which forbids him to speak or move resolutions, because his father owed money to the exchequer and has never paid it, you have a fair and reasonable answer to him, if he says that we ought to have laid an information against him. We will do that later, certainly not now, Androtion, when you have to render an account of your other crimes, but when it is proper to do so according to the law. For the present, we are content to prove that the law does not permit you to move resolutions, not even such as every other citizen may move. 22.34Prove, therefore, that your father was not a defaulter, or that he left the prison, not by running away, but by paying his debts. If you cannot prove that, then you had no right to move your resolution; for the law makes you a partner in the disqualification of your father, and being disqualified you had no right either to speak or move. Also with regard to the laws which we have cited in court, I think that if he tries to cheat and mislead you, gentlemen, you must give him the reply that I have indicated.

22.35On other points also he has arguments admirably calculated to deceive you, and it is better that you should be told of them beforehand. One of them runs like this: “Do not steal the reward from five hundred of yourselves, nor involve them in disgrace; they are on their trial, not I.” But, had you been going to deprive them of something without otherwise benefiting the State, I should not have asked you to show any great keenness in the matter; but if by this action you are going to convert more than ten thousand others into better citizens, what a far finer thing it is to make so many men honest than to confer an unjust favour on five hundred.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 22.18 Dem. 22.29 (Greek) >>Dem. 22.39

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