Against Theocrines

Seeing, then, that we are engaged in so unequal a contest, we beg you all to come to our aid and to make it clear to all men that, whether a boy or an old man, or one of any age, comes before you in accordance with the laws, he will obtain complete justice. The honorable course for you, men of the jury, is, not to put the laws or your own selves in the power of those who speak, but to keep the speakers in your power, and to make a distinction between those who speak well and lucidly, and those who speak what is just; for it is concerning justice that you have sworn to cast your votes.

For no man surely will persuade you that there will be any lack of politicians like the defendant, or that the state will be less well administered because of that. Indeed the opposite is the case, as I hear from men older than myself. For they tell us that the state fared best when men of moderation and restraint were in public life. Would one find Theocrines and his fellows to be good counsellors? No; they say not a word in the assembly, but get money by indicting those who do speak there.

And this is an extraordinary thing: they make their living by pettifoggery, yet they say they get nothing from the state, and, while they possessed nothing before coming to you, now that they are well-to-do they do not even feel grateful to you, but go about saying that the people are fickle and surly and thankless, as if you prospered because of these men, and not they because of the people! But after all it is natural for them to say this, when they see how easy-going you are. For you have never punished any one of them in the way his wickedness deserves, but you put up with their saying that the safety of the democracy comes from those who bring indictments and baseless actions; than whom no more pernicious class exists.

For in what could anyone find these people useful to the state? They punish wrongdoers, it will be said, and through them the number of wrongdoers is lessened. Not so, men of the jury; it is even increased; for those who are minded to do evil, knowing that a portion of their gains must be given to these men, of necessity determine to exact more from the rest, that they may have enough to spend, not only upon themselves, but upon these men as well.

Against all others who in their wrongdoing work harm upon those who come into contact with them men may protect themselves, some by setting a guard over their household effects, others by staying at home at night, so as to suffer no harm, and again, by taking precautions in one way or another men can guard against the plots of those who wish to work them harm; but against pettifoggers like this man—whither can one go to win security from them? The things which are a means of escape from other crimes are the stock-in-trade of these men—the laws, that is, the courts, witnesses, assemblies. It is here that they show their strength, counting as friends those who offer them money, and the quiet and wealthy people as their foes.

Remember, therefore, men of the jury, the wickedness of these men, and remember also our ancestors, of whom Epichares, my grandfather, was victor in the foot-race for boys at Olympia and won a crown for the city, and enjoyed good report among your ancestors as long as he lived; whereas we, thanks to this god-detested fellow, have been deprived of our citizenship

in that state in defence of which Aristocrates, son of Scelius, the uncle of my grandfather Epichares, whose name my brother here bears, performed many glorious deeds, when our country was at war with the Lacedaemonians. He razed to the ground Eetioneia,[*](This was one of the forts guarding the Peiraeus. On Aristocrates and his struggle with the oligarchs, see Thuc. 8.88-92.) into which Critias[*](Critias was one of the leaders of the Thirty Tyrants. Epichares is at fault in his chronology.) and his faction were about to receive the Lacedaemonians, destroyed the fortress raised against us, and restored the people to their country, incurring himself dangers not like those which we are incurring, but dangers in which even disaster is glorious; and he put a stop to those who were plotting against you.

For his sake, even if we had been like this fellow Theocrines, you would with good right have preserved us; to say nothing of our being better than he and of our pleading a cause which is just.

We will not burden you by constantly repeating these things, for the defendant has brought us into such plight that, as I said at the outset, we have no hope of sharing in that freedom of speech which is granted even to aliens.

In order, therefore, that, if we get nothing else, we may at least have the satisfaction of seeing the defendant also reduced to silence, come to our aid; have pity on those of our family who have died for their country; compel Theocrines to make his defence on the questions raised by the indictment itself; and show yourselves as judges of his words such as he showed himself as our accuser.

For he, after deceiving the jury, refused to propose any moderate penalty for my father, although I pleaded with him earnestly and clasped his knees in entreaty; but, as if my father had betrayed our country, he fixed the penalty at ten talents. We, therefore, beg and implore you: give us a just verdict.

Come to our aid, anyone who has anything to say, and plead for us. (To one who rises to speak.) Mount the platform.