Against Leptines

For if by appealing to the name of the gods they try to justify a robbery which they cannot justify otherwise, will not that be most impious and monstrous conduct? In my opinion, whenever a man appeals solemnly to the gods, his conduct ought to be clearly such as would not appear base even if supported only by human authority. Now that there is a difference between exemption from religious duties and exemption from public services, and that the defendants are trying to deceive you by transferring the name of public services to religious acts, I shall adduce Leptines himself as my witness.

For the first clause of the law says Leptines proposed that, to the end that the wealthiest citizens may perform the public services, none shall be immune save and except the descendants of Harmodius and Aristogiton. But if immunity from religious duties were the same as immunity from public services, what was the object of that clause? For immunity from religious duties has never been granted even to the persons here named. To prove that this is so, please take and read the copy of the inscription and then the beginning of the law of Leptines.

[The copy of the inscription is read]

You hear the copy of the inscription, men of Athens, ordering them to be immune, save from religious duties. Now read the beginning of the law of Leptines.

[The law is read

Good; stop there. After the words to the end that the wealthiest citizens may perform the public services, he added no one shall be immune save and except, the descendants of Harmodius and Aristogiton. Why so, if to pay for a religious rite is to perform a public service? For if that is his meaning, his own drafting will be found to contradict the inscription.

Now I should like to put a question to Leptines. When you say that the public services come under the head of religious dues, in what, according to you, did the immunity consist, which our ancestors then granted and you now leave untouched? For by the old laws they are not immune from all the special war-taxes or from the equipment of war-galleys; and they enjoy no immunity from the state services, since they are included in the religious duties.

And yet the inscription says that they shall be immune. From what? From the tax on resident aliens, since nothing else is left? Of course not. It is from the regularly recurring services, as the inscription shows, as your law further specifies, and as all history witnesses. During all that length of time no tribe has ever ventured to nominate one of these descendants as chorus-master, and no one nominated has ever ventured to challenge them to an exchange of property. If Leptines dares to deny it, you must pay no heed to him.

Again,[*](They assert that many aliens have received immunity; he challenges them to produce the decrees conferring it. He admits that many undeserving aliens have been made proxenoi (in the honorary sense explained in note on Dem. 20.60), but this distinction does not confer immunity.) perhaps they will say in their haphazard[*](Literally, trailing the robe; hence slovenly, slipshod.) style that some citizens, by claiming to be Megarians and Messenians,[*](There is no record of any general exemption granted to these two peoples. If Weil’s conjecture is right, translate certain M. and M., by claiming to be Friends of the State.) at once gain immunity, whole crowds at a time, to say nothing of slaves and jailbirds like Lycidas and Dionysius; such are the examples they select. When they hold such language, deal with them thus. Tell them, if they are speaking the truth, to produce the decrees which contain these men’s immunity; for no one in your city enjoys immunity unless granted by some decree or law.

Many such men, however, have been proclaimed Friends of the State here at the instance of your politicians Lycidas, for example. But it is one thing to be a Friend of the State and another to enjoy immunity. Be not misled by them. Because slaves, like Lycidas and Dionysius and perhaps one other, were made Friends of the State by men who are readily bribed to propose such decrees, they must not try to take away the gifts that you have justly bestowed on men of a different class—mentorious, freeborn, munificent benefactors.