Against Theocrines

Inasmuch as my father, men of the jury, through this man Theocrines was brought to disaster in his relations to the state and condemned to pay a fine of ten talents, and as this fine has been doubled, so that we have not the slightest hope of deliverance, I have thought it my duty to lodge this criminal information with a view to taking vengeance upon the defendant with your aid, without taking into consideration my youth or anything else.

For my father, men of the jury, whose wishes have guided me in all that I have done, declared to all his acquaintances what a misfortune it would be if I should let slip the time in which, thanks to his being still alive,[*](In the event of the father’s death the son would inherit his ἀτιμία, or loss of civic rights, and would be debarred from bringing action.) I have the right to avenge myself on this man, and should make an excuse of my inexperience and my youth, and so look idly on while my father has been deprived of everything, and while Theocrines continues to write indictments contrary to the laws and to harass many citizens with baseless and malicious actions, when he has no right to do so.

I, therefore, beg you all, men of Athens, and beseech you to listen to me with goodwill, first, because I am engaging in this contest to help my father and in obedience to his wishes; and secondly, because I am both young and without experience, so that I must count myself fortunate if, because your goodwill is at hand to help me, I shall be able to show what this fellow has done;

and in addition to these reasons, since I, men of the jury, have been betrayed (for the truth shall be told you) by persons in whom I trusted because of their enmity to the defendant, men who after hearing the facts and promising to stand by me, have now left me in the lurch,[*](This is commonly believed to be a fling at Demosthenes.) and have come to terms with the defendant in this suit of mine; so that I shall have no one even as a fellow-pleader, unless someone from among my own kinsmen shall come to my aid.

This man was liable to many criminal informations, and has transgressed all the laws which bear upon these matters; but the most unheard of among his acts we found to be the denunciation which he lodged concerning the merchant ship; so that my father put this at the head of the criminal information which he gave me. First, then, the clerk shall read to you the law regarding those who lodge denunciations and do not carry them through, but compromise in defiance of the laws. For it is with this, I think, that I ought to begin my speech. Then will follow the denunciation itself which the defendant lodged against Micon.

(To the clerk.) Read.

The Law

This law, men of the jury, expressly prescribes for those who undertake either to prefer indictments or lodge denunciations or do any other of the acts specified in the law, the conditions under which each one of these things is to be done. These are, as you have heard from the law itself, that, if a man prosecutes and does not receive the fifth part of the votes,[*](The ἐπωβελία(see note a on Dem. 27.67) was exacted also in criminal suits, and the prosecutor who did not receive the fifth part of the votes was also fined a thousand drachmae.) he shall pay a fine of a thousand drachmae, and if he does not prosecute, Theocrines, he shall pay another thousand, to the end that no one may bring forward baseless charges, or with impunity make profit for himself or compromise the interests of the state.

I declare, then, that in accordance with this criminal information Theocrines is liable for having denounced Micon of Cholleidae,[*](Cholleidae, a deme of the tribe Leontis.) and then having accepted money and sold the case instead of prosecuting it.

I believe that I shall prove this clearly. And yet, men of the jury, Theocrines and his clique have gone to all lengths in tampering with the witnesses, and trying to induce them by threats and by bribes not to give testimony. Nevertheless, if you will give me the aid which you are bound to give, and will bid them, or rather join with me in compelling them, either to testify, or to disclaim knowledge under oath, and will not allow them to talk at random, the truth will be brought to light.

(To the clerk.) Read, then, first the denunciation and then the depositions.

The Denunciation

This denunciation, men of the jury, was lodged by the defendant after he had cited Micon to appear. It was received by Euthyphemus, the secretary of the overseers of the port, and was exposed to public view for a long time in front of the meeting-place of the board, until this fellow was bribed to allow it to be crossed out, just when the magistrates were summoning him for the preliminary hearing.

To prove that these statements of mine are true, (to the clerk) call first Euthyphemus, who was secretary of the board.

The Deposition

Now read the deposition of those who saw the denunciation exposed to view.

The Deposition

Call now also the overseers of the port and Micon himself, against whose ship Theocrines lodged the denunciation; and read their depositions.

The Depositions

Therefore, men of the jury, that Theocrines did lodge a denunciation against the ship of Micon, and that the denunciation was exposed for a long time to public view, and again that, when summoned to the preliminary hearing, he did not answer, nor did he prosecute the case, you have heard from witnesses who were in the best position to know the truth. And that he is liable, not to the fine of a thousand drachmae merely, but also to arrest and to the other punishments which the law declares shall be inflicted upon anyone who prefers baseless charges against merchants and ship-owners, you will readily learn from the law itself.