Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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58.46would he have indicted for illegality the one who proposed that decree, or would he not? If he says he would not, how can you believe him when he states that he is on the watch for those who propose illegal decrees? And if he would have brought in an indictment, is it not an outrageous thing, that when another proposed the bill, he should prevent its being finally enacted, to the end that all should not have this privilege, and should put a stop to the matter by preferring an indictment, plainly writing by its side the words of the laws; 58.47and yet should now, without having won the people's consent or made the matter public, himself continue to prefer indictments, when the laws forbid him to do so? And he will say presently that he is being abominably treated if he is not to be allowed to continue to do this, and will rehearse the penalties provided by the laws, to which he will be liable, if convicted. Is it not an outrage that he should flout the laws, but claim that there has been granted to him by you a privilege so great that no one else has dared even to ask for it?

58.48That in regard to the criminal information, therefore, neither Theocrines nor anyone of those who speak in his behalf will have any just argument to advance, I take it you are all pretty well assured. I fancy, however, that they will try to maintain that criminal informations may not be lodged against those who are not registered on the Acropolis, note and that it is not right to consider those as debtors whose names no one has given over to the collectors, 58.49just as though you were unaware of the law which declares a man a debtor from the day on which the penalty has been imposed or on which he has transgressed the law or the decree; or as if it were not clear to everybody that there are many ways in which people who wish to obey the laws become debtors to the treasury and meet the obligation. This is plain from the law itself.

Take this law again, please.Law

Do you hear, you abominable beast, what the statute says? “From the day on which the penalty shall be imposed or on which he transgresses the law.”

58.50I hear that they are going to produce also that law which ordains that, in the interest of those who are inscribed on the register, whatever portion of the debt be paid shall be erased, and they will ask how men are to make erasures, when the debt has not even been entered on the register; as if you did not know that this statute has to do with debtors who are registered, while to those who are not registered but owe money that other law applies, which declares that one is a debtor from the day on which the penalty is incurred or on which he transgresses the law or the decree. 58.51Why, then, he will ask, do you not indict me for non-insertion in the register, seeing that I am a debtor, and not registered? Because the law ordains that indictments for non-insertion shall be lodged, not against those who are debtors and not registered, but against those who, although they have been registered and have not paid their debt, nevertheless have their names erased.

Take the law, please, and read it.Law

58.52You hear the law, men of the jury, hear that it expressly declares that, if any one of those indebted to the treasury shall have his name erased without having discharged his debt to the state, an indictment for non-insertion in the register may be brought against him before the Thesmothetae, but not against a debtor who has not been registered. Against persons of this class it ordains that there shall be a criminal information and other legal penalties. But why do you, Theocrines, try to teach me all the ways in which one may avenge oneself upon one's enemies, instead of making a defence in the action in which you have come into court?

58.53Moerocles, note men of the jury, who proposed the decree against those who injure merchants, and who persuaded, not you alone, but your allies as well, to organize a sort of police to repress the wrongdoers, will not be ashamed presently on behalf of Theocrines to speak in opposition to his own decree. 58.54On the contrary, he will have the audacity to advise you that you ought not to punish, but to acquit, the one who has thus manifestly been convicted of lodging false denunciations against the merchants; as if his measures for purging the sea had no other purpose than that voyagers who had come safely through the dangers of the open sea might pay money to these people in the harbor; or as if it were any advantage to the merchants that, after completing a long voyage without mishap, they should fall into the hands of Theocrines. 58.55For my part, I think that, while the generals and those in command of your ships of war, and not you, are to blame for mishaps which occur during a voyage, yet for mishaps in the Peiraeus and before the magistrates you are to blame, since you have all these persons under your control. Wherefore it is even more necessary to watch those who transgress the laws here at home than those who fail to abide by your decrees abroad, in order that you may not yourselves be thought to look with complaisance upon what is going on and in a measure to connive at the doings of these men. 58.56For surely, Moerocles, we are not now going to exact ten talents from the Melians note in accordance with the terms of your decree, because they gave harborage to the pirates, and yet suffer this man to go free who has transgressed both your decree and the laws which maintain our state. And shall we prevent from wrongdoing the islanders, against whom we must man our ships in order to hold them to their duty, but you abominable creatures, upon whom these jurymen should inflict the penalty according to the laws, while they sit right here—shall we let you go? You will not, at least if you are wise.

Read the stelê. noteStele



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 58.42 Dem. 58.50 (Greek) >>Dem. 58.61

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