Against Timocrates

Demosthenes

Demosthenes. Vol. III. Orations, XXI-XXVI. Vince, J. H., translator. Cambridge, MA: Harvard University Press, 1935 (printing).

You will see the point by observing that he adds a clause to the effect that the property of the sureties shall be confiscated, if they do not pay the debt in full. Yes, but suppose a man has not named any sureties,—then of course there are no sureties to punish. He compels the Commissioners, men chosen for that office by lot from the ranks of the citizens, to accept sureties whenever named; but on men who defraud the commonwealth he imposes no sort of compulsion,—he treats them as benefactors, and gives them the right to choose whether they will be punished or not.

Could any conceivable statute be more unsound or more opposed to your interests? First, it enjoins the reversal of your judgements in cases long ago decided; and secondly, in cases still to be tried, while instructing sworn jurors to inflict penalties, it makes those penalties inoperative. Further, it enfranchises state-debtors who do not discharge their liabilities, and, in general, it makes an exhibition of you jurors as men whose oaths, whose penalties, whose verdicts, whose censures, whose acts, in short, are all utterly futile. For my part, I conceive that if the author of the statute had been Critias of the Thirty Tyrants, he would hardly have framed and introduced it in any other fashion than this.