Against Timocrates

I will say nothing about Androtion himself dragging people to prison and putting them in irons after the enactment of this law, but I must inform you to whom it really applies. This statute, gentlemen of the Jury, is not intended for the protection of people who have stood their trial and argued their case, but for those who are still untried and its purpose is that they shall not plead at a disadvantage, or even without any preparation at all, because they have been sent to jail. But Timocrates is going to speak to you of regulations made for untried culprits, as though they had been framed to include everybody.

Let me give you a proof that my account of the matter is correct. It would not have been lawful[*](i.e. if, as Timocrates contends, imprisonment was repugnant to the spirit of Athenian law, the law would not have given you the option of imposing corporal or pecuniary punishment.) for you, gentlemen of the jury, to assess any penalty, corporal or pecuniary,for imprisonment is a corporal punishment, and therefore you could not have inflicted it as a penalty, nor could it have been provided by statute, in cases where information is laid or summary arrest is allowed, that the Eleven shall put in the stocks any man against whom information is laid, or who has been arrested, if it had been unlawful to imprison any offenders other than those who conspire to betray the commonwealth, or to overthrow popular government, or tax-farmers who do not satisfy their contract.