Greek Texts & Translations

During the first presidency, namely, that of the Pandionid Tribe, and on the eleventh day of that presidency, it was moved by Epicrates that, in order that the sacrifices may be offered, that provision may be adequate, and that any lack of funds for the Panathenian Festival may be made good, the Presidents of the Pandionid Tribe do tomorrow set up a Legislative Committee, and that such Legislative Committee do consist of one thousand and one citizens who have taken the oath, and that the Council co-operate therewith in legislative business.

24.28Observe, as the decree is read, how ingeniously the man who drafted it, under a pretext of finance and the urgency of the Festival, cancelled the date fixed by statute, and put in his own date,—that they should legislate “to-morrow.” I protest that his intention was, not that something belonging to the Festival should be done as handsomely as possible, for in fact there was nothing left to be done, and no financial deficiency to be made good; but that this law of theirs, the subject of the present trial, might be enacted and come into force without any living man having wind of it beforehand or offering opposition. 24.29Here is the proof: when the Legislative Committee was in session, nobody introduced any law, good or bad, in respect of the business specified, that is, of financial provision for the Panathenian Festival, but this man Timocrates coolly and quietly proceeded to legislate about matters that lay outside the terms of the decree, and were forbidden by statute. He assumed that the date specified in the decree was more authoritative than the date prescribed by law; and, while you were all holidaymaking, and though there is a standing law that at such a time we shall do one another no wrong either in private or public life nor transact business that does not concern the Festival, he was not in the least afraid of making an exhibition of himself by doing wrong, not to this or that person, but to the whole community. 24.30Yet was it not outrageous that, well knowing that the statutes which you heard read just now were still in force, well knowing also that another law declares that no decree, even though in itself constitutional, shall have higher authority than a statute, he should draft and propose to you a new law, in virtue of a decree that, as he was fully aware, had been moved in defiance of the laws? 24.31Was it not atrocious that, when the State had granted to us individually security against any disagreeable or offensive treatment at that time, by declaring a religious holiday, the State itself should have obtained no such immunity from Timocrates, but, during that very holiday, should have been subjected to most grievous ill-treatment? How, indeed, could any private person ill-treat the State more gravely than by subverting the laws by which the State is administered?

24.32That Timocrates has done nothing that he ought to have done, nothing that the laws expressly enjoin, may be concluded from consideration of what I have already said; and before long you shall be satisfied, point by point, that he transgressed not merely in so far as he ignored the dates fixed by statute, and entirely annulled your right of deliberate consideration, by attempting to legislate during the holiday, but also in this respect,—that the law he introduced is inconsistent with all existing statutes.—But first take and read the statute I have here, which expressly forbids the introduction of any conflicting law, and authorizes an indictment if such a law should have been introduced. 24.33Law

It shall not he lawful to repeal any established law except at a Legislative Committee; and then any Athenian citizen may move for such repeal only on condition that he proposes a law to be substituted for the law so repealed. The Commissioners shall take a show of hands upon such laws, in the first instance upon the established law, whether it appear to be advantageous to the Athenian democracy or not, and afterwards upon the law proposed. And whichever law is approved on division by the Legislative Committee shall then be operative. It shall not be lawful to introduce any law contrary to existing laws; and if any person having repealed any existing law proposes in substitution another law that is either disadvantageous to the Athenian democracy or contrary to any established law, an indictment shall lie against him according to the law made and provided in the case of the proposer of a disadvantageous law.

24.34You have heard the law. Our city possesses many excellent laws, but in my judgement there is not one that has been framed in a more praiseworthy manner than this. Observe in what an equitable and thoroughly democratic spirit it is enacted. It forbids the introduction of anything repugnant to existing laws, except after abrogation of the law previously enacted. What is the purpose? First, to enable a jury to give a just and conscientious verdict; 24.35for, if there were two inconsistent laws, and if two litigants were contending in this court, whether in a public or a private dispute, and if each of them, by citing a different law, claimed your verdict, you could not of course give judgement in favour of both of them,—that is absurd,—nor could you give your verdict for either without breaking your oath, because such a decision contravenes the opposite law, which is equally valid.