On the Crown

Having before my eyes the spectacle of a city in all those great enterprises ready to fight the battles of her neighbors, what advice was I to give and what policy to urge, when her deliberations in some measure concerned herself? To bear malice against men who were seeking deliverance? To search for excuses for deserting the common cause? Should I not have deserved death if even in word I had sought to tarnish our honor able traditions? In word, I say; for the deed you would never have done. Of that I am well assured, for if you so wished, what stood in your way? Was it not in your power? Were not Aeschines and his friends there to advise you?

I will now return to my next ensuing public actions; consider them once again in relation to the best interests of the commonwealth. Observing that the navy was going to pieces, that the wealthy were let off with trifling contributions, while citizens of moderate or small means were losing all they had, and that as a result the government was missing its opportunities, I made a statute under which I compelled the wealthy to take their fair share of expense, stopped the oppression of the poor, and, by a measure of great public benefit, caused your naval preparations to be made in good time.

Being indicted for this measure, I stood my trial before this court and was acquitted, the prosecutor not getting the fifth part of the votes. Now how much money do you think the first, second, and third classes of contributors on the Naval Boards offered me not to propose the measure, or, failing that, to put it on the list and then drop it on demurrer[*](ὑπωμοσία, in general an affidavit to arrest proceedings; here the oath taken in the Assembly by the party engaging to prosecute the author of a law or a decree for violation of the constitution. Its effect was to keep the law in abeyance, at whatever stage it had arrived, until the suit was decided.)?\b It was so large a sum, men of Athens, that I hardly like to name it.

It was natural that they should make this attempt. Under the former statutes they might discharge their public services in groups of sixteen, spending little or nothing themselves, but grinding down the needy citizens, whereas by my statute they had to return the full assessment according to their means, and a man who was formerly one of sixteen contributors to a single trireme—for they were dropping the term trierarch and calling themselves contributors-might have to furnish two complete vessels. They offered any amount to get the new rules abrogated and escape their just obligation.

Read first the decree, for which I was indicted and tried, and then the schedules as compiled under the old statute under my statute.

(The Decree is read)

In the archonship of Polycles, on the sixteenth of the month Boëdromion, the tribe Hippothontis holding the presidency, Demosthenes, son of Demosthenes, of Paeania, introduced a bill to amend the former law constituting the syndicates for the equipment of triremes. The bill was passed by the Council and the People, and Patrocles of Phlya indicted Demosthenes for a breach of the constitution, and, not obtaining the required proportion of votes, paid the fee of five hundred drachmas.

Now read that fine schedule.

(The Old Schedule is read)

The trierarchs to be called up, sixteen for each trireme, from the associations of joint contributors, from the age of twenty-five to that of forty, paying equal contributions to the public service.

Now read for comparison the schedule under my statute.

(The New Schedule is read)

The trierarchs to be chosen according to the assessment of their property at ten talents to a trireme; if the property be assessed above that sum, the public service shall be fixed proportionately up to three triremes and a tender. The same proportion shall be observed where those whose property is under ten talents form a syndicate to make up that sum.

Do you think it was a trifling relief I gave to the poor, or a trifling sum that the rich would have spent to escape their obligation? I pride myself not only on my refusal of compromise and on my acquittal, but also on having enacted a beneficial law and proved it such by experience. During the whole war, while the squadrons were organized under my regulations, no trierarch made petition as aggrieved, or appeared as a suppliant in the dockyard temple,[*](dockyard temple: lit. temple of (Artemis) Munichia: the Bluejackets’ Church at Peiraeus.) or was imprisoned by the Admiralty, and no ship was either abandoned at sea and lost to the state, or left in harbor as unseaworthy.

Such incidents were frequent under the old regulations, because the public services fell upon poor men, and impossible demands were often made. I transferred the naval obligations from needy to well-to-do people, and so the duty was always discharged. I also claim credit for the very fact that all the measures I adopted brought renown and distinction and strength to the city, and that no measure of mine was invidious, or vexatious, or spiteful, or shabby and unworthy of Athens.

You will find that I maintained the same character both in domestic and in Hellenic policy. At home I never preferred the gratitude of the rich to the claims of the poor; in foreign affairs I never coveted the gifts and the friendship of Philip rather than the common interests of all Greece.

My remaining task, I think, is to speak of the proclamation and of the audit; for I hope that what I have already said has been sufficient to satisfy you that my policy was the best, and that I have been the people’s friend, and zealous in your service. Yet I pass by the most important of my public actions, first, because I conceive that my next duty is to submit my explanations in respect of the actual charge of illegality, secondly, because, though I say nothing further about the rest of my policy, your own knowledge will serve my purpose equally well.

As for Aeschines’ topsy-turvy miscellany of arguments about the statutes transcribed for comparison,[*](The laws alleged to be violated were posted in court side by side with the law or decree which was the object of the prosecution.) I vow to Heaven that I do not believe that you understand the greater part of them, and I am sure they were quite unintelligible to me. I can only offer a plain, straightforward plea on the rights of the matter. So far from claiming, as he invidiously suggested just now, that I am not to be called to account, I fully admit that all my life long I have been accountable for all my official acts and public counsels;

but for the donations that I promised and gave at my own expense I do say that I am not accountable at any time— you hear that, Aeschines—nor is any other man, though he be one of the nine archons. Is there any law so compact of iniquity and illiberality that, when a man out of sheer generosity has given away his own money, it defrauds him of the gratitude he has earned, drags him before a set of prying informers, and gives them authority to hold an audit of his free donations? There is no such law. If he contradicts me, let him produce the law, and I will be satisfied and hold my peace.

But no, the law does not exist, men of Athens; only this man, with his pettifogging spite, because, when I was in charge of the theatric fund, I added gifts of my own to that fund, says, Ctesiphon gave him a vote of thanks before he had rendered his accounts. Yes, but the vote of thanks did not concern the accounts which I had to render; it was for my own donations, you pettifogger! But you were also a Commissioner of Fortifications. Why, that is how I earned my vote of thanks: I made a present of the money I had spent, and did not charge it to the public account. The account requires an audit and checkers; the benefaction deserves gratitude and formal thanks, and that is the very reason for Ctesiphon’s proposition.

That this distinction is recognized both in the statutes and in your moral feelings I can prove by many instances. Nausicles, for example, has been repeatedly decorated by you for the money he spent out of his own pocket when serving as military commander. When Diotimus, and on another occasion Charidemus, had made a present of shields, they were crowned. Then there is our friend Neoptolemus, who has received distinctions for donations given by him as Commissioner for sundry public works. It would be quite intolerable that it should either be illegal for a man holding any office to make presents to the government, or that, when he has made them, instead of receiving thanks, he should be subjected to an audit.

To prove the truth of my statement, please take and read the actual words of the decrees made in the cases I have cited. Read.

(Sundry Decrees are read)

Archonship of Demonicus of Phlya, on the twenty-sixth day of Boedromion, with sanction of Council and People: Callias of Phrearrii proposed that the Council and People resolve to crown Nausicles, the commander of the infantry, because, when Philo, the official paymaster, was prevented by storms from sailing with pay for the two thousand Athenian infantry serving in Imbros to assist the Athenian residents in that island, he paid them from his private means, and did not send in a claim to the people; and that the crown be proclaimed at the Dionysia at the performance of the new tragedies.

Proposed by Callias of Phrearrii, and put to vote by the presidents, with sanction of Council: that, whereas Charidemus, dispatched to Salamis in command of the infantry, and Diotimus, commanding the cavalry, when in the battle at the river some of the soldiers had been disarmed by the enemy, did at their own expense arm the younger men with eight hundred shields, it be resolved by the Council and People to crown Charidemus and Diotimus with a golden crown, and to proclaim it at the great Panathenaea during the gymnastic contest, and at the Dionysia at the performance of the new tragedies; and that the proclamation be entrusted to the judicial archons, the presidents, and the stewards of the festival.

Every one of the persons mentioned, Aeschines, was liable to audit in respect of the office he held, but not of the services for which he was decorated. It follows that I am not liable; for, surely, I have the same rights under the same conditions as anybody else! I made donations. For those donations I am thanked, not being subject to audit for what I gave. I held office. Yes, and I have submitted to audit for my offices, though not for my gifts. Ah, but perhaps I was guilty of official misconduct? Well, the auditors brought me into court—and no complaint from you!

To prove that Aeschines himself testifies that I have been crowned for matters in which I was audit-free, take and read the whole of the decree that was drawn in my favor. The proof that his prosecution is vindictive will appear from those sentences in the provisional decree which he has not indicted. Read.

(The Decree is read)

In the archonship of Euthycles, on the twenty-third day of Pyanepsion, the tribe Oeneis then holding the presidency, Ctesiphon, son of Leosthenes, of Anaphlystus, proposed that, whereas Demosthenes, son of Demosthenes, of Paeania, having been appointed superintendent of the repair of the fortifications, and having spent upon the works three talents from his private means, has made the same a benevolence to the people; and whereas, having been appointed treasurer of the Theatrical Fund, he gave to the representatives of all the tribes one hundred minas for sacrifices, it be resolved by the Council and People of Athens to commend the said Demosthenes, son of Demosthenes, of Paeania, for his merits and for the generosity which he has constantly displayed on every occasion towards the People of Athens, and to crown him with a golden crown, and to proclaim the crown in the theatre at the Dionysia at the performance of the new tragedies and that the proclamation be entrusted to the steward of the festival.

Here, then, are my donations, in the decree—but not in your indictment. Your prosecution is directed to the rewards which the Council says that I ought to receive for them. Acceptance of gifts you admit to be legal; gratitude for gifts you indict for illegality. In Heaven’s name, what do we mean by dishonesty and malignity, if you are not dishonest and malignant?

As for the proclamation in the Theatre, I will not insist that thousands of names have been a thousand times so proclaimed, nor that I myself have been crowned again and again before now. But, really now, are you so unintelligent and blind, Aeschines, that you are incapable of reflecting that a crown is equally gratifying to the person crowned wheresoever it is proclaimed, but that the proclamation is made in the Theatre merely for the sake of those by whom it is conferred? For the whole vast audience is stimulated to do service to the commonwealth, and applauds the exhibition of gratitude rather than the recipient; and that is the reason why the state has enacted this statute. Please take and read it.

(The Statute is read

In cases where crowns are bestowed by any of the townships, the proclamation of the crown shall be made within the respective townships, unless the crown is bestowed by the People of Athens or by the Council, in which case it shall be lawful to proclaim it in the Theatre at the Dionysia.