Against Timocrates
Demosthenes
Demosthenes. Vol. III. Orations, XXI-XXVI. Vince, J. H., translator. Cambridge, MA: Harvard University Press, 1935 (printing).
Solon’s view was that the doer of infamous deeds ought not to get off with mere repayment of the money stolen; for it seemed to him that there would be no lack of thieves on such terms,—if they had the chance of keeping their booty if undetected, and of simply restoring it if caught. They must pay double; they must be imprisoned as well as fined, and so live in disgrace for the rest of their lives. Not so Timocrates; he made arrangements for a simple, instead of a double, reparation, and for no sort of additional penalty.
Nor was he content to be guilty of this iniquity in respect of future offences only; he released even the man who had already committed his crime, and already been punished. I, however, used to suppose that legislators were concerned with the future, making laws to direct how people should behave, how every thing should he managed, and what should be the proper penalties for different transgressions. That is what is meant by making the laws the same for all citizens. To frame statutes for past transactions is not to legislate, but to rescue malefactors.