Delphi complete works of.., p.422
Delphi Complete Works of Demosthenes, page 422
[45] So you have now to consider whether that is the value that you put on the constitution, the existing laws, and your regard for your oath;for if you acquit him, though his proposal was manifestly illegal, everyone will conclude that you have preferred this sum of money to the laws and to your good faith. Why, even if a man gave you this sum out of his own pocket, it would not be worth taking, much less if it has to be exacted from others.
[46] ὥσθ᾽ ὅταν ταῦτα λέγῃ, μέμνησθε τῶν ὅρκων καὶ τὴν γραφὴν ἐνθυμεῖσθε, ὅτι νῦν οὐ περὶ πράξεως εἰσφορῶν ἐστιν, ἀλλ᾽ εἰ δεῖ κυρίους εἶναι τοὺς νόμους. καὶ περὶ τούτων μέν, ὃν τρόπον ὑμᾶς ἀπάγων ἀπὸ τοῦ νόμου παρακρούεσθαι ζητήσει, καὶ ἃ πρὸς ταῦθ᾽ ὑμᾶς μνημονεύοντας μὴ ‘πιτρέπειν προσήκει, πολλὰ λέγειν ἔχων ἔτι, καὶ ταῦθ᾽ ἱκάν᾽ εἶναι νομίζων, ἐάσω.
[46] Therefore, when he uses this argument, remember your oath, and reflect that this indictment concerns not the collection of taxes, but the sovereignty of the laws. And as to all this — how he will try to hoodwink you by distracting you from the subject of this law, and what points you must bear in mind so as not to give way to him — though I might say more on these subjects, I will refrain, as I think that this will suffice.
[47] βούλομαι δὲ καὶ τὰ πολιτεύματα ἐξετάσαι τοῦ καλοῦ κἀγαθοῦ τούτου, δι᾽ ὧν οὐκ ἔσθ᾽ ὅ τι τῶν δεινοτάτων ἐλλιπὼν φανήσεται: καὶ γὰρ ἀναιδῆ καὶ θρασὺν καὶ κλέπτην καὶ ὑπερήφανον καὶ πάντα μᾶλλον ἢ ἐν δημοκρατίᾳ πολιτεύεσθαι ἐπιτήδειον ὄντ᾽ αὐτὸν δείξω. καὶ πρῶτον μέν, ἐφ᾽ ᾧ μέγιστον φρονεῖ, τὴν τῶν χρημάτων εἴσπραξιν ἐξετάσωμεν αὐτοῦ, μὴ τῇ τούτου προσέχοντες ἀλαζονείᾳ τὸν νοῦν, ἀλλὰ τὸ πρᾶγμα οἷον γέγονεν τῇ ἀληθείᾳ σκοποῦντες.
[47] I desire also to subject the politics of this honorable gentleman to a scrutiny, from which it will be clear that he has not stopped short of the utmost limits of depravity; for I shall prove him to be shameless and reckless, a thief and a bully, fit for anything rather than to play a public part in a democracy. And first of all let us examine this levying of taxes, on which he chiefly prides himself. Without paying any attention to his boasts, let us look at the facts in their true light.
[48] οὗτος Εὐκτήμονα φήσας τὰς ὑμετέρας ἔχειν εἰσφορὰς καὶ τοῦτ᾽ ἐξελέγξειν ἢ παρ᾽ αὑτοῦ καταθήσειν, καταλύσας ψηφίσματι κληρωτὴν ἀρχὴν ἐπὶ τῇ προφάσει ταύτῃ, ἐπὶ τὴν εἴσπραξιν παρέδυ. δημηγορίαν δ᾽ ἐπὶ τούτοις ποιούμενος, ὡς ἔστι τριῶν αἵρεσις, ἢ τὰ πομπεῖα κατακόπτειν ἢ πάλιν εἰσφέρειν ἢ τοὺς ὀφείλοντας εἰσπράττειν,
[48] He said that Euctemon was retaining your taxes, and he undertook to prove the charge or pay the sum out of his own pocket. On that pretext he got you to vote for the dismissal of an official appointed by lot, and so wormed his way into a collectorship. He delivered sundry harangues on the subject, telling you that you had a choice of three courses, either to break up the sacred plate, or to impose a fresh tax, or to squeeze the money out of the defaulters; and you naturally chose the last.
[49] αἱρουμένων εἰκότως ὑμῶν τοὺς ὀφείλοντας εἰσπράττειν, ταῖς ὑποσχέσεσιν κατέχων καὶ διὰ τὸν καιρὸν ὃς ἦν τότ᾽ ἔχων ἐξουσίαν, τοῖς μὲν κειμένοις νόμοις περὶ τούτων οὐκ ᾤετο δεῖν χρῆσθαι, οὐδ᾽, εἰ μὴ τούτους ἐνόμιζ᾽ ἱκανούς, ἑτέρους τιθέναι, ψηφίσματα δ᾽ εἶπεν ἐν ὑμῖν δεινὰ καὶ παράνομα, δι᾽ ὧν ἠργολάβει καὶ πολλὰ τῶν ὑμετέρων κέκλοφεν, τοὺς ἕνδεκα γράψας ἀκολουθεῖν μεθ᾽ ἑαυτοῦ.
[49] Having you under his thumb, thanks to his promises, and having liberty of action owing to the state of affairs at the time, he did not think it necessary to employ the existing laws for his purpose, nor to make new laws, if he considered the old ones inadequate; but he proposed in your Assembly monstrous and unconstitutional decrees, by means of which he created a job for himself and has stolen a great deal that belongs to you, putting in a clause that the Eleven should attend on him.
[50] εἶτ᾽ ἔχων τούτους ἦγ᾽ ἐπὶ τὰς ὑμετέρας οἰκίας. καὶ τὸν μὲν Εὐκτήμονα, ὃν εἰσπράξειν ἢ καταθήσειν αὐτὸς ἔφη τὰς εἰσφοράς, οὐδὲν εἶχεν ἐλέγχειν περὶ τούτων, ὑμᾶς δ᾽ εἰσέπραττεν, ὥσπερ οὐ διὰ τὴν Εὐκτήμονος ἔχθραν ἐπὶ ταῦτ᾽ ἐλθών, ἀλλὰ διὰ τὴν ὑμετέραν.
[50] Then, with the Eleven, he led the way to the homes of his fellow-citizens. Against Euctemon he could prove nothing, though he had said that he would get the taxes out of him or pay them himself; but it was from you that he levied them, as if his motive was hostility, not to Euctemon, but to you.
[51] καὶ μηδεὶς ὑπολαμβανέτω με λέγειν ὡς οὐ χρῆν εἰσπράττειν τοὺς ὀφείλοντας. χρῆν γάρ. ἀλλὰ πῶς; ὡς ὁ νόμος κελεύει: τῶν ἄλλων ἕνεκα: τοῦτο γάρ ἐστι δημοτικόν. οὐ γὰρ τοσοῦτον, ὦ ἄνδρες Ἀθηναῖοι, τοσούτων χρημάτων τοῦτον τὸν τρόπον εἰσπραχθέντων ὠφέλησθε, ὅσον ἐζημίωσθε τοιούτων ἐθῶν εἰς τὴν πολιτείαν εἰσαγομένων. εἰ γὰρ θέλετ᾽ ἐξετάσαι τίνος εἵνεκα μᾶλλον ἄν τις ἕλοιτ᾽ ἐν δημοκρατίᾳ ζῆν ἢ ἐν ὀλιγαρχίᾳ, τοῦτ᾽ ἂν εὕροιτε προχειρότατον, ὅτι πάντα πραότερ᾽ ἐστὶν ἐν δημοκρατίᾳ.
[51] Let no one understand me to say that the money ought not to have been wrung from the defaulters. It ought; but how? Even as the law enjoins, for the benefit of the other citizens. That is the spirit of democracy. For what you, men of Athens, have gained by the exaction of such paltry sums of money in this way, is nothing to what you have lost by the introduction of such habits into political life. If you care to inquire why a man would sooner live under a democracy than under an oligarchy, you will find that most obvious reason is that in a democracy everything is more easy-going.
[52] ὅτι μὲν τοίνυν τῆς ὅπου βούλεσθ᾽ ὀλιγαρχίας οὗτος ἀσελγέστερος γέγονεν, παραλείψω. ἀλλὰ παρ᾽ ἡμῖν πότε πώποτε δεινότατ᾽ ἐν τῇ πόλει γέγονεν; ἐπὶ τῶν τριάκοντα, πάντες ἂν εἴποιτε. τότε τοίνυν, ὡς ἔστιν ἀκούειν, οὐδεὶς ἔστιν ὅστις ἀπεστερεῖτο τοῦ σωθῆναι, ὅστις ἑαυτὸν οἴκοι κρύψειεν, ἀλλὰ τοῦτο κατηγοροῦμεν τῶν τριάκοντα, ὅτι τοὺς ἐκ τῆς ἀγορᾶς ἀδίκως ἀπῆγον. οὗτος τοίνυν τοσαύτην ὑπερβολὴν ἐποιήσατ᾽ ἐκείνων τῆς αὑτοῦ βδελυρίας ὥστ᾽ ἐν δημοκρατίᾳ πολιτευόμενος τὴν ἰδίαν οἰκίαν ἑκάστῳ δεσμωτήριον καθίστη, τοὺς ἕνδεκ᾽ ἄγων ἐπὶ τὰς οἰκίας.
[52] I shall not, then, trouble to show that the defendant has proved himself more brutal than any oligarchy anywhere in the world. But here, in our own city, at what period were the most outrageous things done? You will all say, “Under the Thirty Tyrants.” Now under the Thirty, as we are informed, no man forfeited the power to save his life who could hide himself at home; what we denounce the Thirty for is that they arrested men illegally in the market-place. This man displayed a brutality so far in excess of theirs that he, a public man under a democracy, turned every man’s private house into a jail by conducting the Eleven into your homes.
[53] καίτοι, ὦ ἄνδρες Ἀθηναῖοι, τί οἴεσθ᾽ ὁπότ᾽ ἄνθρωπος πένης ἢ καὶ πλούσιος, πολλὰ δ᾽ ἀνηλωκὼς καί τιν᾽ ἴσως τρόπον εἰκότως οὐκ εὐπορῶν ἀργυρίου, ἢ τέγος ὡς τοὺς γείτονας ὑπερβαίνοι, ἢ ὑποδύοιθ᾽ ὑπὸ κλίνην ὑπὲρ τοῦ μὴ τὸ σῶμ᾽ ἁλοὺς εἰς τὸ δεσμωτήριον ἕλκεσθαι, ἢ ἄλλ᾽ ἀσχημονοίη ἃ δούλων, οὐκ ἐλευθέρων ἐστὶν ἔργα, καὶ ταῦθ᾽ ὑπὸ τῆς αὑτοῦ γυναικὸς ὁρῷτο ποιῶν, ἣν ὡς ἐλεύθερος ἠγγυήσατο καὶ τῆς πόλεως πολίτης, ὁ δὲ τούτων αἴτιος Ἀνδροτίων εἴη, ὃν οὐδ᾽ ὑπὲρ αὑτοῦ δίκην λαμβάνειν ἐᾷ τὰ πεπραγμένα καὶ βεβιωμένα, μή τί γ᾽ ὑπὲρ τῆς πόλεως;
[53] But what do you think of this, Athenians? What if a poor man, or a rich man for that matter who has spent much money and is naturally perhaps rather short of cash, should have to climb over the roof to a neighbor’s house or creep under bed, to avoid being caught and dragged off to jail, or should degrade himself in some other fashion, fit for slaves and not for freemen, and should be seen thus acting by his own wife, whom he espoused as a freeman and a citizen of our state? And what if the cause of all this was Androtion, a man who is debarred by his own conduct and mode of life from seeking redress for himself, much more for the State?
[54] καίτοι εἴ τις ἔροιτ᾽ αὐτόν, τὰς εἰσφορὰς πότερον τὰ κτήματ᾽ ἢ τὰ σώματ᾽ ὀφείλει, τὰ κτήματα φήσειεν ἄν, εἴπερ ἀληθῆ λέγειν βούλοιτο: ἀπὸ γὰρ τούτων εἰσφέρομεν. τίνος οὖν εἵνεκ᾽ ἀφεὶς τὸ τὰ χωρία δημεύειν καὶ τὰς οἰκίας καὶ ταῦτ᾽ ἀπογράφειν, ἔδεις καὶ ὕβριζες πολίτας ἀνθρώπους καὶ τοὺς ταλαιπώρους μετοίκους, οἷς ὑβριστικώτερον ἢ τοῖς οἰκέταις τοῖς σαυτοῦ κέχρησαι;
[54] Yet if he were asked whether the taxes are due from our property or from our persons, he would admit, if he cared to speak the truth, that they are due from our property; it is from property that our contributions come. Then why did you drop the sequestration and scheduling of lands and houses, and proceed to imprison and insult Athenian citizens and the unfortunate resident aliens, whom you have treated with more insolence than your own slaves?
[55] καὶ μὴν εἰ θέλετε σκέψασθαι τί δοῦλον ἢ ἐλεύθερον εἶναι διαφέρει, τοῦτο μέγιστον ἂν εὕροιτε, ὅτι τοῖς μὲν δούλοις τὸ σῶμα τῶν ἀδικημάτων ἁπάντων ὑπεύθυνόν ἐστιν, τοῖς δ᾽ ἐλευθέροις, κἂν τὰ μέγιστ᾽ ἀτυχῶσιν, τοῦτό γ᾽ ἔνεστι σῶσαι: εἰς χρήματα γὰρ τὴν δίκην περὶ τῶν πλείστων παρὰ τούτων προσήκει λαμβάνειν. ὁ δὲ τοὐναντίον εἰς τὰ σώματα, ὥσπερ ἀνδραπόδοις, ἐποιήσατο τὰς τιμωρίας.
[55] Indeed, if you wanted to contrast the slave and the freeman, you would find the most important distinction in the fact that slaves are responsible in person for all offences, while freemen, even in the most unfortunate circumstances, can protect their persons. For it is in the shape of money that in the majority of cases the law must obtain satisfaction from them; but Androtion on the contrary exacted vengeance from their persons, as if they had been bond-slaves.
[56] οὕτω δ᾽ αἰσχρῶς καὶ πλεονεκτικῶς ἔσχε πρὸς ὑμᾶς ὥστε τὸν μὲν ἑαυτοῦ πατέρα ᾤετο δεῖν, δημοσίᾳ δεθέντ᾽ ἐπὶ χρήμασιν ἐν τῷ δεσμωτηρίῳ, μήτ᾽ ἀποδόντα ταῦτα μήτε κριθέντ᾽ ἀποδρᾶναι, τῶν δ᾽ ἄλλων πολιτῶν τὸν μὴ δυνάμενον τὰ ἑαυτοῦ θεῖναι οἴκοθεν εἰς τὸ δεσμωτήριον ἕλκεσθαι. εἶτ᾽ ἐπὶ τούτοις, ὡς ὁτιοῦν ἐξὸν ἑαυτῷ ποιεῖν, Σινώπην προσηνεχύραζεν καὶ Φανοστράτην, ἀνθρώπους πόρνας, οὐ μέντοι ὀφειλούσας εἰσφοράς.
[56] So corrupt and selfish was his attitude towards you that he thought that his own father, imprisoned by the State for moneys due, had a right to escape, without payment and without trial, but that any other citizen, not having the means to pay, might be dragged from his own home to prison. And then, on the top of all this, as though he could do whatever he liked, he distrained upon Sinope and Phanostrate, who were prostitutes certainly, but owed no property-tax.
[57] καίτοι εἴ τισιν ἄρα δοκοῦσ᾽ ἐπιτήδειαι ‘κεῖναι παθεῖν, ἀλλὰ τὸ πρᾶγμά γ᾽ οὐκ ἐπιτήδειον γίγνεσθαι, τηλικοῦτό τινας φρονεῖν διὰ καιρὸν ὥστε βαδίζειν ἐπ᾽ οἰκίας καὶ σκεύη φέρειν μηδὲν ὀφειλόντων ἀνθρώπων. πολλὰ γὰρ ἄν τις ἴδοι πολλοὺς ἐπιτηδείους ὄντας πάσχειν καὶ πεπονθέναι. ἀλλ᾽ οὐ ταῦτα λέγουσιν οἱ νόμοι, οὐδὲ τὰ τῆς πολιτείας ἔθη, ἃ φυλακτέον ὑμῖν: ἀλλ᾽ ἔνεστ᾽ ἔλεος, συγγνώμη, πάνθ᾽ ἃ προσήκει τοῖς ἐλευθέροις.
[57] Should anyone possibly think that those women were fitting people to suffer, yet assuredly it was not a fitting procedure — that men should be so puffed up by a chance opportunity as to march into houses and carry off the furniture of people who are not in debt. For one could point to many who are and have been “fitting persons” for such treatment. But surely such is not the language of the statutes or of the principles of the constitution, which it is your duty to uphold. In them we find pity, pardon, everything that becomes free citizens.
[58] ὧν οὗτος ἁπάντων εἰκότως οὐ μετέχει τῇ φύσει οὐδὲ τῇ παιδείᾳ: πολλὰ γὰρ ὕβρισται καὶ προπεπηλάκισται συνὼν οὐκ ἀγαπῶσιν αὐτὸν ἀνθρώποις, ἀλλὰ δοῦναι μισθὸν δυναμένοις: ὧν προσῆκέ σοι τὴν ὀργὴν οὐκ εἰς τῶν πολιτῶν τὸν τυχόντ᾽ ἀφιέναι οὐδ᾽ εἰς τὰς ὁμοτέχνους πόρνας, ἀλλ᾽ εἰς τὸν τοῦτον τὸν τρόπον σε θρέψαντα.
[58] To all such feelings the defendant is of course a stranger by birth and breeding. Many are the outrages and insults that he has had to submit to when consorting with men who had no love for him but could pay his price. For such insults, Androtion, it would have been right to vent your spite, not on the next citizen you meet, not on the women who follow your own profession, but on the father who gave you such a bringing up.
[59] ταῦτα τοίνυν ὡς μὲν οὐ δεινὰ καὶ παρὰ πάντας τοὺς νόμους, οὐχ ἕξει λέγειν οὗτος: οὕτω δ᾽ ἐστὶν ἀναιδὴς ὥστ᾽ ἐν τῷ δήμῳ, προάγωνας ἀεὶ κατασκευάζων αὑτῷ τῆσδε τῆς γραφῆς, ἐτόλμα λέγειν ὡς ὑπὲρ ὑμῶν καὶ δι᾽ ὑμᾶς ἐχθροὺς ἐφ᾽ ἑαυτὸν εἵλκυκε καὶ νῦν ἐν τοῖς ἐσχάτοις ἐστὶ κινδύνοις. ἐγὼ δ᾽ ὑμῖν, ὦ ἄνδρες Ἀθηναῖοι, βούλομαι δεῖξαι τοῦτον οὔτε πεπονθότ᾽ οὐδ᾽ ὁτιοῦν κακὸν οὔτε μέλλοντα πάσχειν οὐδὲν δι᾽ ὧν ὑπὲρ ὑμῶν ἔπραξε, διὰ μέντοι τὴν αὑτοῦ βδελυρίαν καὶ θεοισεχθρίαν πεπονθότα μὲν μέχρι τῆσδε τῆς ἡμέρας οὐδέν, πεισόμενον δ᾽, ἂν τὰ δίκαια ποιῆθ᾽ ὑμεῖς.
[59] Now that these are serious offences, contrary to every statute, he will not be able to deny; but he is so impudent that in the Assembly, contriving always an anticipation of his defence against this indictment, he dared to say that it was in your interests and for your sake that he had drawn down enmity on himself and was now in desperate peril. But I want to prove to you, men of Athens, that he has never suffered, nor is likely to suffer, any inconvenience at all through his services to you, but that for his abominable and monstrous wickedness he has hitherto not paid the penalty, but will pay it now, if you on your part do what is right.
