Greek Texts & Translations

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any Athenian citizen may move for such repeal only on condition that he proposes a law to be substituted for the law so repealed.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 It shall not be lawful to introduce any law contrary to existing laws; and if any person having repealed any existing law proposes in substitution another law that is either disadvantageous to the Athenian democracy or contrary to any established law, an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. 24.36As a safeguard against such a dilemma the lawgiver made this provision in your interest. He also wished to make you the established guardians of the law, well knowing that the other safeguards provided by him may be evaded in many ways. The advocates ^note appointed by you, for instance, may be persuaded to hold their peace. He enjoined the exhibition of a proposed law that we may all have knowledge of it beforehand; but it may happen that it is unobserved by those who would oppose it if they knew in time, and that the rest read it without attention. 24.37But, it may be objected, it is open to anyone to indict the law, as I have done on this occasion. Well, even in that event the State is outwitted if a man gets the prosecutor to stand aside. What, then, is the only honest and trustworthy safeguard of the law? You, the common people. It is beyond the power of mortal man to take away from you the right to determine and to approve the best policy. No man, by getting you to stand aside, or by bribing you, can ever induce you to substitute a bad law for a good one. 24.38Therefore the lawgiver anticipates every avenue of iniquity, thwarting the plans and forbidding the advance of men whose intentions are hostile to you. All these precautions, so admirably and so righteously enacted, Timocrates has subverted and obliterated, so far as in him lay; he has introduced a law repugnant to all or nearly all the existing statutes, without reading any for comparison, without repealing any, without leaving you the right of choice, without taking any other of the steps that he was required to take.

24.39I suppose that you are all satisfied that he is amenable to the indictment, as having introduced a law that contravenes existing statutes; but, to show you the character of the laws he has contravened and of the law he has introduced, the clerk will read to you, first his new law, and then the other laws to which it is repugnant.Law of Timocrates

During the first presidency, namely, that of the Pandionid Tribe, and on the twelfth day of that presidency, it was moved by Timocrates that, if the additional penalty of imprisonment has been or shall hereafter be inflicted in pursuance of any law or decree upon any person in debt to the treasury, it shall be competent for him or for any other person on his behalf to nominate as sureties for the debt such persons as shall be approved by vote of the Assembly, on an undertaking to pay in full the amount in which he was indebted. The Commissioners are required to put the question whensoever any debtor wishes to nominate sureties.