Greek Texts & Translations

22.1Gentlemen of the jury, Euctemon finding himself wronged by Androtion, thinks it his duty to obtain satisfaction for himself and at the same time to up hold the constitution; and that is what I also shall essay to do, if I am equal to the task. As a matter of fact the outrages that Euctemon has endured, many and serious and utterly illegal as they were, are slighter than the trouble that Androtion has caused me. Euctemon was the object of a plot to get money out of him and to eject him unfairly from an office of your appointment; but if the charges that Androtion trumped up against me had been accepted in your courts, not a single living man would have opened his door to me, 22.2for he accused me of things that anyone would have shrunk from mentioning, unless he were a man of the same stamp as himself, saying that I had killed my own father. He also concocted a public indictment for impiety, not against me directly, but against my uncle, whom he brought to trial, charging him with impiety for associating with me, as though I had committed the alleged acts, and if it had ended in my uncle's conviction, who would have suffered more grievously at the defendant's hands than I? For who, whether friend or stranger, would have consented to have any dealings with me? What state would have admitted within its borders a man deemed guilty of such impiety? Not a single one. 22.3Of these charges, then, I cleared myself in your court, not by a narrow margin but so completely that my accuser failed to obtain a fifth of the votes; and upon Androtion I shall endeavor, with your help, to avenge myself today and on every other occasion.

I shall pass over a great deal that I might say about private matters; but there are other matters on which you are now going to give your votes, including not a few injuries which the defendant has done you in dealing as a citizen with public affairs, and these, which Euctemon chose to pass over, but which it is better for you to understand, I shall now try to explain briefly. 22.4If I could see any straightforward defence that he could offer to these charges, I would not make any reference to them; but I am quite certain that he cannot have any simple and honest plea to put forward, but will try to hoodwink you, inventing malicious answers to each charge and so leading you astray. For he is a skillful rhetorician, men of Athens, and has devoted all his life to that one study. Therefore, that you may not be deceived and persuaded to vote contrary to the spirit of your oath and to acquit a man whom you have every reason to punish, pray attend to what I shall say, so that when you have heard me, you may have the right reply to every argument that he will advance.

22.5There is one plea which he thinks a clever defence of the omission of the preliminary decree. There is a law, he says, that if the Council by its performance of its duties seems to deserve a reward, that reward shall be presented by the people. That question, he says, the chairman of the Assembly put, the people voted, and it was carried. In this case, he says, there is no need of a preliminary decree, because what was done was in accordance with law. But I take the exactly contrary view-and I think you will agree with me—that the preliminary decrees should only be proposed concerning matters prescribed by the laws, because, where no laws are laid down, surely no proposal whatever is admissible. 22.6Now he will say that all the Councils that have ever received a reward from you, have received it in this way, and that in no case has a preliminary decree ever been passed. But I think—or rather, I am certain—that this statement is untrue. Even if it were absolutely true, yet surely where the law says the opposite, we ought not to transgress the law now because it has often been transgressed before; on the contrary we ought to enforce the observance of the law, beginning with you, Androtion, first. 22.7You must not tell us that this has often been done before; you must show us that it is right to do it. If the practice has at any time been contrary to the laws and you have only followed precedent, you cannot in fairness escape, but ought all the more to be convicted; for if any of the former delinquents had been condemned, you would never have proposed the resolution, and in the same way, if you are punished now, no one else will propose it in the future.

22.8Coming now to the law which explicitly denies to the Council the right to ask a reward, if they have not built the warships, it is worth while to hear the defence that he will set up, and to get a clear view of the shamelessness of his behavior from the arguments that he attempts to use. The law, he says, forbids the Council to ask for the reward, if they have not built the ships. But, he adds, the law nowhere prohibits the Assembly from giving it. “If I gave it at their request, my motion was illegal, but if I have never mentioned the ships in the whole of my decree, but give other grounds for granting a crown to the Council, where is the illegality of my motion?” 22.9It is surely not difficult for the jury to find the right answer to this: that in the first place the Committee of the Council and the chairman, who puts these proposals to the vote, duly put the question and called for a show of hands—“those who are of opinion that the Council have deserved a reward, to vote aye; on the contrary, no.” Yet surely men who neither ask nor expect a reward should never have put the question at all.