Greek Texts & Translations

23.95It also occurs to my mind, men of Athens, that Aristocrates, having no straightforward or honest defence, nor indeed any defence at all, to offer, will resort to such fallacious arguments as this,—that many similar decrees have been made before now in favour of many persons. That is no proof, gentlemen, of the legality of his own proposal. There are many pretences by which you have often been misled. 23.96For instance, suppose that one of those decrees which have in fact been disallowed had never been impeached in this Court. It would certainly have been operative; nevertheless it would have been moved contrary to law. Or suppose that a decree, being impeached, was pronounced flawless, because the prosecutors, either collusively or through incompetence, had failed to make good their case: that failure does not make it legal. Then the jurors do not give conscientious verdicts? Yes, they do; I will explain how. They are sworn to decide to the best of an honest judgement; but the view that commends itself to their judgement is guided by the speeches to which they listen, and, inasmuch as they cast their votes in accordance with that view, they are true to their oath. 23.97Every man keeps his oath who does not, through spite or favour or other dishonest motive, vote against his better judgement. Suppose that he does not apprehend some point that is explained to him, he does not deserve to be punished for his lack of intelligence. The man who is amenable to the curse is the advocate who deceives and misleads the jury. That is why, at every meeting, the crier pronounces a commination, not upon those who have been misled, but upon whosoever makes a misleading speech to the Council, or to the Assembly, or to the Court. 23.98Do not listen to proof that the thing has happened, but only to proof that it ought to have happened. Do not let them tell you that those old decrees were upheld by other juries; ask them to satisfy you that their plea for this decree is fairer than ours. Failing that, I do not think that you ought to give greater weight to the delusions of others than to your own judgement. 23.99Moreover, I cannot but think that there is something uncommonly impudent in such a plea as that other people have before now got decrees of this sort.—If, sir, an illegal act has already been done, and you have imitated that act, that is no reason why you should be acquitted. On the contrary, it is an additional reason why you should be convicted. If one of them had been found guilty, you would never have moved our decree and similarly another will be deterred, if you are found guilty today.

23.100I say that I do not expect that Aristocrates will be able to deny that he has moved a decree in open violation of all the laws; but before now, men of Athens, I have seen a man contesting an indictment for illegal measures, who, though convicted by law, made an attempt to argue that his proposal had been to the public advantage, and insisted strongly on that point,—a simple-minded argument, surely, if it was not an impudent one. 23.101Admit a man's proposition to be in every other respect advantageous; it is still disadvantageous in so far as he begs you, who are sworn to give judgement according to law, to ratify a decree which he himself cannot prove to have been honestly drawn, seeing that every man is bound to set the highest value upon fidelity to his oath. At the same time the plea, though impertinent, has reason in it; but not a reason which Aristocrates will be able to submit to you. Entirely opposed as his decree is to the laws, it is not less pernicious than illegal. 23.102That is the point which I wish now to make good to you; and, in order to do what I wish in as few words as possible, will cite an illustration that is well known to you all. You are aware that it is for the advantage of Athens that neither the Thebans nor the Lacedaemonians should be powerful; that the Thebans should be counterbalanced by the Phocians, and the Lacedaemonians by other communities; because, when that is the position of affairs, you are the strongest nation, and can dwell in security. 23.103You must, then, take the view that for those of our fellow-citizens who live in the Chersonese the same condition is advantageous, that is, that no one man shall be all-powerful among the Thracians. In fact the quarrels of the Thracians, and their jealousy of one another, afford the best and most trustworthy guarantee of the safety of the Chersonese. Now the decree before us, by offering security to the minister who controls the affairs of Cersobleptes, and by putting the commanders of the other kings in imminent fear of being accused of crime, makes those kings weak, and the king who stands by himself strong.