Against Aristocrates
Demosthenes
Demosthenes. Vol. III. Orations, XXI-XXVI. Vince, J. H., translator. Cambridge, MA: Harvard University Press, 1935 (printing).
Not only this guerdon of the common wealth but all your honors have been dragged through the mire and made contemptible by those execrable and god-forsaken politicians, who make proposals like this on such easy terms; men who, in their inordinate lust of dishonest gain, put up honors and civic rewards for sale, like hucksters vending and cheapening their pitiful, trumpery merchandise, and supply a host of buyers at fixed prices with any decree they want.
In the first place,—let me mention the latest instance first,—they not only claimed that Ariobarzanes and his two sons deserved everything they chose to ask for, but they associated with him two men of Abydus, unprincipled fellows, and bitter enemies of Athens, Philiscus and Agavus. Again, when Timotheus was held to have served your needs in some way, besides conferring on him all manner of great rewards, they associated with him Phrasierides and Polysthenes, who were not even free-born, but were blackguards whose conduct had been such as any man of good feeling will be loth to describe.
Finally on this occasion, while demanding for Cersobleptes any honors they thought proper, and while concentrating on that, they attached two other names to his. One is the man of whose many misdeeds you have just heard the story. The other is named Euderces, but nobody in the wide world knows who he is. You see the result, men of Athens: honors that were once great now appear trifling; and the practice is advancing ever farther and farther. The old rewards no longer suffice, and they are not in the least grateful for them, unless you will also protect their persons, man by man, or so it seems.
For this progress along the road of dishonor, men of Athens, if I am to tell the truth in all candor, nobody is more to blame than yourselves. You are no longer willing to bring malefactors to justice: retribution has disappeared from our city. Yet consider how our ancestors castigated those who had done them wrong, and ask whether their way was not better than yours.
When they caught Themistocles presumptuously setting himself above the people, they banished him from Athens, and found him guilty of siding with the Medes. Because Cimon had dislocated the ancestral constitution by his personal efforts, they acquitted him by a majority of three votes only on the capital charge, and made him pay fifty talents. Such was their attitude to the men who had rendered those signal services. And they were right; they would not sell to those men their own freedom and their pride in their own achievements;[*](Or, if ἔργων is, as some take it, genitive of price, sell their freedom and their pride to those men in return for their achievements.) they honored them as long as they did right, but resisted them when they tried to do wrong.
You, men of Athens, acquit men who have committed the gravest crimes and are clearly proved guilty, if they treat you to one or two pleasantries, or if a few advocates chosen from their own tribe ask you to be so good. If ever you do bring them in guilty, you assess the penalty at five-and-twenty drachmas. In those old times the State was wealthy and splendid, but in private life no man held his head higher than the multitude.
Here is the proof: if any of you know the sort of house that Themistocles or Miltiades or any of those distinguished men of old lived in, you may observe that it is no grander than the common run of houses. On the other hand, both the structure and the equipment of their Public buildings were on such a scale and of such quality that no opportunity of surpassing them was left to coming generations. Witness those gate-houses, docks, porticoes, the great harbor, and all the edifices with which you see our city adorned.
But today every man who takes part in public life enjoys such superfluity of wealth that some of them have built private dwelling-houses more magnificent than many public buildings; and others have bought larger estates than all you people in this court possess between you; while, as for the public buildings that you put up and whitewash, I am ashamed to say how mean and shabby they are. Can you name anything that you have acquired and that you will bequeath to posterity, as they bequeathed the Chersonesus, and Amphipolis, and the glory of noble exploits? That glory citizens like these are squandering as fast as they can,—but they cannot annihilate it, men of Athens; and we know why.
In those days Aristeides had full control of the assessment of the tribute, but his own fortune was not increased by a single shilling; and when he died he was actually buried at the public expense. Whenever you wanted anything, you had more money in your treasury than any other Hellenic people, insomuch that you always started on any expedition with pay for the full period named in the decree authorizing such expedition. Now, while the administrators of public affairs have risen from poverty to affluence, and are provided with ample maintenance for a long time to come, you have not enough money laid by for a single day’s expenditure, and when something must be done, you are at once without the means of doing it. The nation was then the master, as it is now the servant, of the politicians.
The fault lies with the authors of such decrees as this, who have trained you to think very little of yourselves, and a great deal of one or two individuals. So they are the inheritors of your renown and of your possessions; you get no benefit from that inheritance! You are the witnesses of the prosperity of others, and participate in nothing but delusions. Ah, how loud would be the lamentation of those great men who laid down their lives for glory and for liberty, and left behind them the monuments of many noble achievements, if they could see how today the progress of our city has ended in the form and rank of a dependant, and that the question of the hour is—whether Charidemus is entitled to personal protection! Charidemus! Heaven help us!
But the really scandalous thing is, not that our counsels are inferior to those of our ancestors, who surpassed all mankind in virtue, but that they are worse than those of all other nations. Is it not discreditable that, whereas the Aeginetans yonder, who inhabit that insignificant island, and have nothing whatever to be proud of, have never to this day given their citizenship to Lampis, the largest ship-owner in Hellas, who fitted out their city and their seaport, but have reluctantly rewarded him merely with exemption from the alien-tax;
that whereas those detestable Megarians are so obsessed with their own dignity that, when the Lacedaemonians sent and ordered them to admit to their citizenship Hermo, the pilot, who, serving with Lysander, captured two hundred war-galleys on the occasion of our disaster at Aegospotami, they replied that they would make him a Megarian when they saw that the Lacedaemonians had made him a Spartan;
that whereas the people of Oreus, who inhabit only a fourth part of Euboea, dealing with this very Charidemus, whose mother belongs to their city,—I will not mention who his father is or where he comes from, for it is not worth while to make unnecessary inquiries about the man,—so that he himself contributed one-half of the birth-qualification, have never to this day thought fit to make up the other moiety, and to this very day he is on the bastards’ list, just as here bastards are registered at Cynosarges,—
will you, men of Athens, after giving him your full franchise and honoring him with other distinctions,—will you bestow upon him this immunity into the bargain? For what? What ships has he taken for you, to cause the men who have lost them to plot against him? What city has he captured and handed over to you? What perils has he encountered in your defence? When has he chosen your enemies as his own? No man can tell you.
Before I leave the tribune, gentlemen of the jury, I wish to add some brief observations upon the statutes that we have adduced. If you will bear them in mind, I think that you will keep a better look-out for any attempts these men may make to cajole and mislead you. The first statute expressly ordains that, if any man slay another, the Areopagus shall take cognizance. Aristocrates proposes that such a manslayer shall be liable to seizure without more ado. Mark that carefully, and remember that to make a man an outlaw without trial is exactly the opposite of trying him.
The second statute forbids personal maltreatment or extortion even in the case of a convicted homicide. Aristocrates, by making him liable to seizure, has permitted such misusage; for it will be competent for captors to treat the man as they will. The statute provides that the culprit shall be conveyed to the judges, even though arrested in the country of his victim. He allows the homicide on seizure to be taken to the house of the prosecutor, even though the capture be effected in foreign parts.
There are certain injuries for which the statute permits life to be taken. Aristocrates, even though the life be taken in such circumstances, makes no reservation, but permits a man whom the laws release without penalty to be handed over for punishment. When a man has suffered this misfortune, the law enjoins that satisfaction be first claimed. In defiance of this law he proposes no trial, demands no redress from the persons on whom he has such claim, but declares incontinently that the man is liable to seizure, and puts under an immediate ban anyone who tries to rescue him.
The statute provides that not more than three hostages may be taken from the people with whom the offender lives, if they refuse to give satisfaction. The defendant puts under ban without more ado whosoever rescues the accused from his captors because he is unwilling to surrender him before judgement. The statute forbids anyone to introduce a new law without making it applicable to all men alike; he composes a special decree in favour of a particular man. The statute does not permit any decree to override the law. The relevant laws are many, but Aristocrates annuls them all and makes a mere decree supreme.
Bear all this in mind and memory so long as you sit in that box. Dismiss all the fallacious reasons they will allege; do not allow them to be uttered. Tell them to show you the clause in which he has proposed a trial, or the clause that punishes a man duly convicted of murder. If he had provided for the due punishment of a man tried and found guilty elsewhere, or if he had himself proposed a trial to determine whether homicide has been committed or not, and if so whether justifiably or not, he would have done no wrong.
But inasmuch as, after a phrase of mere accusation, if any man kills, without any such addition as and is found guilty of murder, or, is adjudged to have killed, or, he shall submit to judgement for the murder, or, he shall be liable to the same penalty as if he had killed an Athenian, he has omitted every just precaution, and has simply made the man liable to seizure, do not be led astray, but be assured that in this decree the laws have been absolutely contravened.