Greek Texts & Translations

Nor shall it be lawful to propose a law applying to a particular man, unless the same be applicable to all Athenian citizens, except by the votes of not less than six thousand citizens voting in the affirmative by ballot.

It forbids the introduction of any law that does not affect all citizens alike,—an injunction conceived in the true spirit of democracy. As every man has an equal share in the constitution generally, so this statute asserts his equal share in the laws. You know as well as I do for whose sake Timocrates introduced his law; but, leaving those names out of the question, we have his own admission that his law is not of universal application, for he added a clause excepting from its operation tax-farmers, lessees, and their sureties.—When, sir, there are certain persons whom you have put outside your law, you cannot claim that you have made the same law for all alike. 24.60And there is another thing that you cannot say,— that of all persons punished by imprisonment tax farmers are the greatest offenders and do us the gravest wrong, and that that is why you do not give them the benefit of your law. Surely men who are traitors to the commonwealth, men who maltreat their own parents, men who enter the market-place with unclean hands, offend far more heinously; and all those criminals are threatened with imprisonment by the standing laws, while your law offers them instant release. But here again you reveal the men in whose favour you moved your law. They got into our debt not by tax-farming, but by embezzling, or rather by plundering, our money; and that, I warrant you, is the true reason why you had no consideration for the tax-farmers.

24.61Many other excellent statutes might be cited, all contradicted by the law he has proposed. However, if I discuss every one of them, I shall, perhaps, be robbed of my chance of arguing that the law is altogether disadvantageous to the citizens. On the other hand, even if it is repugnant to one only of the existing laws, you can have no doubt that it is open to the indictment. What, then, is my decision? To pass over all the other laws, but to discuss one law proposed on a former occasion by the defendant himself, before I proceed to that part of my accusation in which I allege that the law, if operative, will be most injurious to the commonwealth. 24.62To have introduced a law contrary to the laws of others is a serious offence, but one which requires accusation by someone else; but, when a man legislates in opposition to a former enactment of his own, he is really making himself his own accuser. To show you that such is really the case, the clerk will read to you the actual law proposed by him, while I hold my peace.—Read. 24.63Law

Moved by Timocrates: if any Athenian citizens are now in jail or shall hereafter be imprisoned on impeachment by the Council, if the judgement against such prisoners be not delivered to the Judges by the Secretary of the Presidency in pursuance of the law of impeachment, be it enacted that the Eleven shall bring them before the Court within thirty days of the day on which they receive them into custody, unless prevented by public business, and, if so prevented, as soon as possible. Any Athenian qualified as a prosecutor may prosecute. If the culprit be convicted, the Court of Heliaea shall assess such penalty, pecuniary or otherwise, as he appears to deserve. If the penalty assessed be pecuniary, he shall be imprisoned until he has paid the full amount of the fine inflicted.

24.64You hear that, gentlemen of the jury?—Read those words again.Law

If the penalty assessed be pecuniary he shall be imprisoned until he has paid the full amount—

That will do.—Could a man possibly propose two more contradictory enactments than these,—that convicted malefactors shall be kept in jail until they have paid their fines, and that these same malefactors may put in sureties, but must not be imprisoned. Here, then, is an accusation brought against Timocrates by Timocrates, not by Diodorus nor by any other of the great multitude of citizens. 24.65Yet from what gain do you think that such a man would restrain his hand, or what would he hesitate to do for lucre's sake, when he did not disdain to legislate in contradiction of himself, though the laws forbid contradiction even of others? It seems to me that, so far as effrontery goes, such a man is ready to do anything. Inasmuch, therefore, as the laws provide that evil doers of other kinds shall upon confession be punished without trial, you, men of Athens, have a right to give your verdict against this man without allowing him to speak or giving him a hearing, now that he has been caught in the act of maltreating the laws; for by proposing this law in contravention of the former law, he has pleaded guilty.

24.66That the law he has proposed is contrary to the statutes just read, to those which I cited before, and, I may almost say, to every law in Athens, is now, I suppose, manifest to every one of you. I really wonder what he will have the face to say about those statutes. He cannot show that his law does not contradict the others; and he will not be able to convince you that he is a simple layman who did not know what he was doing through lack of experience, because for a long time past he has been celebrated for composing and introducing laws at so much apiece. Moreover, there is another course that is not open to him: