Greek Texts & Translations

Read the deposition of the members of the tribe.Deposition

It is likely indeed, men of the jury, that the defendant would have regard for few persons and for those who spend most of their time at sea, as Micon does, when he felt neither fear nor shame in the presence of his tribesmen, in the first place, when administering their public business in such a way that they convicted him of embezzlement, and in the second place, although he had been fined and knew well that the laws forbade him to prefer indictments until he should pay, when defying the laws and holding that, while other state-debtors could exercise no public function, he had the right to be superior to the laws. 58.16He will, to be sure, assert that it is his grandfather and not himself who is entered on the register as a debtor to the state, and in regard to this will talk at length to prove that it is he. I myself cannot say with certainty which of the two it is; but supposing it to be as he will claim, I think that you will be under far greater obligation to convict him, if this is the case. 58.17For if his grandfather was a state-debtor long ago and the law ordains that he be his grandfather's heir—if, though he long ago lost the right to prefer indictments, he still continued to prefer them; and if he is going to assume that he ought to be acquitted just because he is a scoundrel of the third generation, there will be no justice in his plea, men of the jury.

To prove that it is admitted by Theocrines himself that this debt is his own and that he arranged with the members of the tribe on behalf of his brother and himself for its payment, and that no jury which has regard to its oath could honorably hold that this criminal information is without foundation, take, please, the bill which Scironides introduced in the meeting of the tribe. 58.18For this man Theocrines came forward, admitted the debt and in the presence of the members of the tribe promised to pay it, when he saw that we were coming up and were planning to take a copy of what stood written in the register.Decree

With much better reason, men of Athens, would you commend the members of the tribe Leontis, who compelled Theocrines to pay the seven minae, than this fellow himself.

58.19There is now a fourth law (for I admit that I have looked closely into most of the things which the defendant has done) according to which this Theocrines owes five hundred drachmae, since his father had not paid a fine of that amount to which he had been sentenced for having sought to maintain that the maid-servant of Cephisodorus was a free woman. ^note No; he fixed things with Ctesicles, the speech-writer, who was acting in the matter for his opponents, in such a way that he should neither pay the damages nor be listed on the acropolis as a debtor to the state. 58.20Despite this fact, I maintain that Theocrines still owes the money according to the law. For if Ctesicles, the resident alien, did make an agreement with this fellow, as one scoundrel with another, that one sentenced to pay the fine in accordance with the law should not be handed over to the collectors, the state should not on that account be robbed of the penalties imposed by the laws. No indeed; it is right for the parties in a suit to make whatever arrangement they may mutually agree upon in private affairs, but in matters which concern the public they must act as the law ordains.

58.21Read, please, the law which declares that anyone who is adjudged to have wrongfully asserted the freedom of a slave shall pay half the sum assessed into the public treasury, and then read also the deposition of Cephisodorus.Law
Deposition

Now read that law also, which declares that a man shall be regarded as a debtor from the day on which he incurs the fine, whether he has been entered on the public register or not.Law

58.22In what other way, men of the jury, could an honest prosecutor show that the criminal information has been rightly brought against this Theocrines, and that he is liable, not only to the fine of a thousand drachmae, which forms the basis of the information, but to many other penalties as well? To my mind there is no other way. For surely you cannot expect that Theocrines will himself admit the indebtedness to your treasury and say that the criminal information has been lodged against him with justice. On the contrary, he will say anything rather than this. He will bring forward all manner of charges, alleging that a cabal is working against him, and that he has come into this danger because of the indictments which he has preferred for illegal actions. 58.23For this is the last resource of those convicted on the facts of the case—to invent charges and excuses which will make you forget the question before you and give attention to arguments which are alien to the accusation. But I, men of the jury, if I had seen in the laws which have just been read a clause to this effect: “these provisions regarding those who bring malicious charges shall be in force unless Theocrines, a criminal information having been laid against him, shall see fit to denounce Thucydides ^note or Demosthenes or any other of the men in public life,” I should have kept quiet; but as it is, I find that no such excuse is taken into consideration in the laws, nor is it new, so that those now hearing it for the first time should pay attention to it; on the contrary it has been used ten thousand times by people on trial.