Greek Texts & Translations

25.69Now there are some facts about the information laid against him which Lycurgus seems to have passed over, but which I had better lay before you; for I think you should examine the defendant and the rights of the present case as carefully as you would scrutinize a private debt. Suppose then that A accused B of owing him money, and B denied it. If the registered terms of the loan were still to be read, or if the pillars which marked the mortgaged property were still standing, you would clearly regard as impudent the man who denied the transaction; but if it was shown that these proofs no longer existed, then you would regard the accuser as impudent. That is natural. 25.70Well, of Aristogeiton's debt to the State the terms still exist, namely the laws under which all defaulters are registered; and the pillar is the wooden table of the law deposited in the temple of the Goddess. Now if these have been destroyed and the debt wiped out, we are talking nonsense, or rather telling lies; but if they are still in existence and will remain valid until he pays his debt, then there is no truth in his plea, but he is committing a serious crime in trying to suppress the rights of the State. 25.71For the point to be argued and decided is not whether all his debts are unpaid, but whether he is still in debt. Otherwise it would be hard on those who are registered for a debt of one drachma, if their indebtedness is to tell against them, because they have done some trifling wrong or even no wrong at all, whereas if a man has committed serious wrongs, he is to regain his civic rights by paying one or two instalments. Moreover, there are three distinct debts registered and forming the ground of the information. Two Aristogeiton has entered in the register; ^note the third he has not registered, but he is prosecuting Aristo of Alopece for malicious entry.

25.72“Yes,” says he, “for he has registered my name as a debtor unjustly.” Of course it is evident that you have a right to satisfaction for this; but then you ought first to give satisfaction and abide by the penalty you have brought on yourself. Or again, for what do you expect to obtain satisfaction? If you are at liberty to do everything that other citizens do, how are you wronged? 25.73I beg the jury in Heaven's name to consider this point also. If he convicts Aristo of malicious intent, what will it mean? His name, of course, will be erased and Aristo's substituted, because that is the law. Good! Then henceforward will this man, whose name has been erased, be a State-debtor, and will the other man, registered as a debtor, retain his full citizenship? That is what follows from the defendant's claim, for if he is not a debtor when his name has been registered, then, when his name has been erased, he will obviously be a debtor. But that is absolutely untrue. No; when his name is erased, then he will be no longer a debtor. In that case the defendant is a debtor now. ^note

25.74Again; if Aristo is acquitted, to whom is the State to look for compensation for the defendant's illegal acts? And what about the men whose execution and imprisonment he tries to procure, as he bustles to and fro in the court? How will they recover their lives or escape from the sufferings they have already endured? For this man, to whom the laws refuse a share in our common everyday privileges, is the cause of intolerable wrongs to others by methods that are neither correct nor constitutional nor convenient. 25.75When I see all this, I wonder what meaning you attach to the phrase “upside down.” Is it for the earth to be up there and the stars down here? That is impossible, and let us hope it always will be. But when those who have no rights enjoy rights at your pleasure, when villainy is honored and virtue spurned, when justice and expediency are sacrificed to personal spite, then we must suppose that the universe has indeed been turned upside down.

25.76I have before now seen men on their trial, who were being convicted by the actual facts and were unable to prove their innocence, taking refuge some of them in the respectability and moderation of their lives, others in the achievements or public services of their ancestors, or in similar pleas, by which they succeeded in moving their judges to compassion and goodwill. But I cannot see that any one of these topics offers an easy path for the defendant; there is nothing before him but precipices, ravines, and gulfs. 25.77What true plea can he find? Something perhaps that his father did? But you yourselves condemned that father to death in these very courts as a detected rascal who deserved his doom. Or perhaps, if there is a difficulty about his father, he will appeal to the sobriety and respectability of his own life. What life? Where has he lived it? For the life that you have all seen him leading is not of that description.