Against Leptines

Demosthenes

Demosthenes. Vol. I. Olynthiacs, Philippics, Minor Public Speeches, Speech Against Leptines, I-XVII, XX. Vince, J. H., translator. Cambridge, MA: Harvard University Press, 1930 (printing).

On this principle, what a gross insult it would be to Chabrias, if politicians of that stamp, not content with making his slave, Lycidas, a Friend of your State, should make the slave an excuse for taking back rewards conferred on the master, and that on a false plea! For neither Lycidas nor anyone else enjoys immunity as a Friend of the State, unless such immurity has been expressly conferred by the people. The men in question have not received it; I defy the defendants to prove it. If they have the effrontery to assert it, they will be acting dishonorably.

I now come to speak of a matter about which I feel bound, Athenians, to warn you most seriously. For even if one could admit the truth of all that Leptines will say in praise of his law, it would be impossible under any circumstances to wipe out one disgrace which his law, if ratified, will bring upon our city. To what do I refer? To the reputation of having cheated our benefactors.

Now I think you would all agree that this is a distinct disgrace; how much worse in you than in others, hear me explain. You have an ancient law, one held in great respect, that if anyone deceives the people by false promises, he shall be brought to trial, and if convicted shall be punished with death. And are you not then ashamed, Athenians, to find yourselves doing the very thing for which you punish other men with death? Nay, but in everything it is right to take heed against doing whatever seems or is dishonorable, but especially in cases where a man is seen to be indignant with others. For there is no room left even for hesitation in avoiding acts which a man’s own judgement has already condemned.

Then there is another precaution that you must take—to do nothing as a community which you would shun as individuals. Not a man among you would take away from another his own personal gifts, nor even dream of doing so. Then do not so in your public capacity, but tell the official defenders[*](The advocates named in Dem. 20.146.) of this law that

if they say that any of the recipients of these rewards is undeserving, or holds them under false pretences, or is open to any other charge, they should indict him under the amended law which we are now proposing, either when we have carried it through, as we guarantee and assert that we will, or when they have themselves carried it, that is, as soon as the legislative commission has been appointed.[*](At the beginning of the next year (July).) But each defender of this law, it seems, has a personal enemy, whether Diophantus or Eubulus or someone else.[*](The official defenders have their personal enemies, who have received immunity and whom it would be natural for them to indict. This they do not venture to do, but try, by this sweeping law, to deprive all, good and bad alike, of their privileges.)

If they hang back and refuse to take this step, then consider, men of Athens, whether it is to your credit that you should be known to have taken away from your benefactors what not one of these men ventures to take from his personal enemy, and that you should pass a law to rob collectively of their rewards men who have served you well and whom no one dreams of indicting, when the handful of unworthy recipients, if there are any, could be dealt with just as effectively, if these men would impeach them and bring them to trial one by one. For it passes my comprehension how the present arrangement can consort with your honor and your dignity.

Again, we must not deviate from this principle, that it was fair to investigate their merits at the time of conferring the reward, when none of these men opposed the vote, but after that to let the reward stand, unless you have received any subsequent wrong at their hands. If they allege that (for they cannot prove it), it must be shown that the men were punished at the time of the alleged wrongs. But if you ratify this law, though no such wrong was committed, it will seem that you have taken away their reward because you were envious, not because you found them rascals.