Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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23.32and that differs from being taken to the house of the prosecutor in this respect, men of Athens,—that the captor who carries a man to the judges gives control of the malefactor to the laws, while the captor who takes him home gives such control to himself. In the former case punishment is suffered as the law enjoins; in the latter, as the captor pleases; and of course it makes a vast difference whether the retribution is controlled by the law or by a private enemy. 23.33“Not to maltreat or amerce,” says the statute. What does that mean? Every one, I am sure, understands that not to maltreat means that there is to be no scourging, no binding nor anything like that, and that not to amerce means not to extort blood-money, for the ancients called fining amercement. 23.34Note that in this manner the law lays down not only how the murderer or convict is to be punished, but also where, for it specifies the country of the person injured, and it directly prescribes that the penalty is to be inflicted in that way and in no other, in that place and in no other. Yet the author of the decree is far indeed from making this distinction,—his proposals are exactly contrary. After the words, “if anyone shall kill Charidemus,” he adds, “he shall be liable to seizure everywhere.”— 23.35What do you mean, sir? The laws do not allow even convicted criminals to be arrested elsewhere than in our own country, and do you propose that a man shall be liable to seizure without trial in any allied territory? And when the laws forbid seizure even in our own territory, do you permit seizure? Indeed, in making a man liable to seizure you have permitted everything that the law has forbidden,—extortion of blood-money, maltreatment and misusage of a living man, private custody and private execution. 23.36How could a man be convicted of a more clearly unconstitutional proposal, or of drafting a resolution more outrageously than in this fashion? You had two phrases at your disposal: “if any man kill,” directed against a person under accusation, and “if any man be a murderer, directed against a culprit found guilty; yet in your description you adopted the expression that applies to a man accused, while you propose for untried culprits a penalty which the law does not permit even after conviction. You have eliminated the intermediate process, for between accusation and conviction comes a trial.—There is not a word about trial in the decree proposed by the defendant.

23.37Read the statutes that come next in order.Law

If any man shall kill a murderer, or shall cause him to be killed, so long as the murderer absents himself from the frontier-market, the games, and the Amphictyonic sacrifices, he shall be liable to the same penalty as if he killed an Athenian citizen;and the Criminal Court shall adjudicate.

You must be informed, men of Athens, of the intention with which the legislator enacted this statute. You will find that all his provisions were cautious and agreeable to the spirit of the law. 23.38”If any man,“ he says, shall kill a murderer, or shall cause him to be killed, so long as he absents himself from the frontier-market, the games, and the Amphictyonic sacrifices, he shall be liable to the same penalty as if he killed an Athenian citizen; and the Criminal Court shall adjudicate.” What does this mean? In his opinion it was just that, if a man who had gone into exile, when convicted on a charge of murder, should make good his flight and escape, he should be excluded from the country of the murdered man; but that it was not righteous to put him to death anywhere and everywhere. His view was that, if we put to death people who have gone into exile elsewhere, others will put to death people who have come into exile here; 23.39and that, in that event, the only chance of salvation left for all those who are unfortunate will be destroyed, that is to say, the power of migrating from the country of those whom they have injured to a country where no one has been wronged by them, and there dwelling in security. To avert that misfortune, and to prevent an endless succession of retributions, he wrote: “if any man kill a murderer, so long as he absents himself from the frontier-market,”—meaning thereby the confines of the man's own country. It was there, I suppose, that in old times borderers of our own and neighboring countries used to forgather; and so he speaks of a “frontier-market.” 23.40Or take the words, “from Amphictyonic sacrifices.” Why did he also exclude the murderer from them? He debars the offender from everything in which the deceased used to participate in his lifetime; first from his own country and from all things therein, whether permitted or sacred, assigning the frontier-market as the boundary from which he declares him excluded; and secondly from the observances at Amphictyonic assemblies, because the deceased, if a Hellene, also took part therein. “And from the games,”—why from the games? Because the athletic contests of Hellas are open to all men,—the sufferer was concerned in them because everybody was concerned in them; therefore the murderer must absent himself. 23.41Accordingly the law excludes the murderer from all these places; but if anyone puts him to death elsewhere, outside the places specified, the same retribution is provided as when an Athenian is slain. He did not describe the fugitive by the name of the city, for in that name he has no part, but by that of the act for which he is chargeable. Accordingly he says: “if any man kill the murderer;” and afterwards, when he prescribed the places from which the man is debarred, he introduces the name of the City for the lawful assignment of punishment: “he shall be liable to the same penalty as if he killed an Athenian.” Gentlemen, that phrase is very different from the wording of the decree before us.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 23.26 Dem. 23.36 (Greek) >>Dem. 23.46

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