Against Aristocrates

Perseus Greek · Perseus Greek · 277 sections

78.1
he found a way of satisfying the requirements of religion without depriving the culprit of a fair hearing and a trial. How did he manage it? He conveyed the judges who were to sit to a place to which the accused was able to repair, appointing a place within the country but on the sea-coast, known as the precinct of Phreatto. The culprit approaches the shore in a vessel, and makes his speech without landing, while the judges listen to him and give judgement on shore. If found guilty, the man suffers the penalty of willful murder as he deserves; if acquitted, he goes his way scot-free in respect of that charge, but still subject to punishment for the earlier homicide.
79.1
Now with what object have these regulations been made so carefully? The man who drew them up accounted it equally irreligious to let slip the guilty, and to cast out the innocent before trial. But if such great pains are taken in the case of persons already adjudged to be homicides, to ensure for them a hearing, a trial, and fair treatment in every respect upon any subsequent accusation, surely it is most outrageous to provide that a man who has not yet been found guilty, and of whom it is still undecided whether he committed the act or not, and whether the act was involuntary or willful, should be handed over to the mercy of his accusers.
80.1
In addition to all these provisions for legal redress there is a sixth, which the defendant has equally defied in his decree. Suppose that a man is ignorant of all the processes I have mentioned, or that the proper time for taking such proceedings has elapsed, that for any other reasons he does not choose to prosecute by those methods; if he sees the homicide frequenting places of worship or the market, he may arrest him and take him to jail; but not, as you have permitted, to his own house or wherever he chooses. When under arrest he will suffer no injury in jail until after his trial; but, if he is found guilty, he will be punished with death. On the other hand, if the person who arrested him does not get a fifth part of the votes, he will be fined a thousand drachmas.
81.1
The proposals of the defendant are quite different: the accuser is to prosecute without risk, the culprit to be given up incontinently and without trial; and if any person, or indeed any entire city, shall intervene to prevent the destruction of all those usages which I have described and the overthrow of all the tribunals I have mentioned; tribunals introduced by the gods and frequented by mankind from that day to this,—and to rescue the victims of outrage and lawless violence, he proposes that any such person shall be banned; for him also he allows no hearing and no trial, but punishes him instantly and without trial. Could any decree be more monstrous and more unconstitutional?
82.1
Have we any statute left? . . . Let me see it. . . . . Yes, that is the one; read it.
82.2
The Statute
82.3
If any man die a violent death, his kinsmen may take and hold hostages in respect of such death, until they either submit to trial for bloodguiltiness, or surrender the actual manslayers. This right is limited to three hostages and no more.
82.4
We have many well-conceived laws, men of Athens; but I am inclined to think that this statute is as wise and just as any of them. Observe the spirit of equity and the remarkable humanity with which it is drawn up.
83.1
If any man die a violent death, says the legislator. First, by adding the epithet violent, he has given an indication by which we understand his meaning to be, if a man die wrongfully. His kinsmen may take and hold hostages in respect of such death, until they either submit to trial for bloodguiltiness, or surrender the actual manslayers. You will note what an admirable provision this is. He requires the hostages, in the first instance, to stand trial; and then if they refuse, he enjoins them to give up the murderers; but, if they decline both these duties, he adds that the right to hold hostages is limited to three and no more. The whole of this statute is defied in the wording of the decree.
84.1
In the first place, when writing the words, if any man shall kill, he did not add wrongfully, or violently, or any qualification at all. Secondly he proposes that the culprit shall be liable to seizure instantly and before any claim of redress has been made. Furthermore, while the statute ordains that, if the persons in whose house the death took place will neither submit to trial nor give up the perpetrators, as many as three may be detained as hostages,
85.1
Aristocrates dismisses those persons scot-free, and takes no account of them whatever, but proposes to put under a ban those who, in obedience to that common law of mankind which enjoins hospitality to a fugitive, have harbored the culprit, who, as I will assume, has already gone into exile, if they refuse to surrender their suppliant. Thus, by omitting to specify the mode of the homicide, by not providing for a trial, by omitting the claim of redress, by permitting arrest in any place whatsoever, by punishing those who harbor the fugitive, and by not punishing those in whose house the death took place,—in every respect I say that his proposal is in manifest contravention of this statute also.
86.1
Read the next one.
86.2
And it shall not be lawful to propose a statute directed against an individual, unless the same apply to all Athenians.
86.3
The statute just read is not, like the others, taken from the Laws of Homicide, but it is just as good—as good as ever law was. The man who introduced it was of opinion that, as every citizen has an equal share in civil rights, so everybody should have an equal share in the laws; and therefore he moved that it should not be lawful to propose a law affecting any individual, unless the same applied to all Athenians. Now seeing that it is agreed that the drafting of decrees must conform to the law, a man who draws a decree for the special benefit of Charidemus, such as is not applicable to all the rest of you, must evidently be making a proposal in defiance of this statute also; of course what it is unlawful to put into a statute cannot legitimately be put into a decree.
87.1
Read the next statute,—or is that all of them?
87.2
The Statute
87.3
No decree either of the Council or of the Assembly shall have superior authority to a statute.
87.4
Put it down.—I take it, gentlemen, that a very short and easy argument will serve me to prove that this statute has been violated in the drafting of the decree. When there are so many statutes, and when a man makes a motion that contravenes every one of them, and incorporates a private transaction in a decree, how can anyone deny that he is claiming for his decree authority superior to that of a statute?
88.1
Now I wish to cite for your information one or two decrees drawn in favour of genuine benefactors of the commonwealth, to satisfy you that it is easy to frame such things without injustice, when they are drawn for the express purpose of doing honor to a man, and of admitting him to a share of our own privileges, and when, under the pretence of doing so, there is no malicious and fraudulent intention.—Read these decrees.—To save you a long hearing, the clauses corresponding to that for which I am prosecuting the defendant have been extracted from the several decrees.
88.2
(The Clerk reads excerpts from sundry Decrees.)
89.1
You see, men of Athens, that they have all drawn them in the same fashion. For instance: There shall be the same redress for him as if the person slain were an Athenian. Here, without tampering with your existing laws respecting such offences, they enhance the dignity of those laws by making it an act of grace to allow a share in them to others. Not so Aristocrates: he does his very best to drag the laws through the mire; anyhow, he tried to compose something of his own, as though they were worth nothing; and he makes light even of that act of grace which you bestowed your citizenship upon Charidemus. For when he assumes that you still owe the man a debt of gratitude, and has proposed that you should protect him into the bargain, so that he may do just what he likes with impunity, does not such conduct merit my description?
90.1
I am well aware, men of Athens, that, although Aristocrates will be quite unable to disprove the charge of framing his decree in open defiance of the laws, he will make an attempt to shuffle away the most serious part of the accusation,—namely, that from beginning to end of his decree he does not order any trial of a very grave indictment. On that point I do not think I need say much; but I will prove clearly from the actual phrasing of the decree that he himself does not suppose that the man accused will get any trial at all.
91.1
The words are: If any man kill Charidemus, he shall be liable to seizure; and if any person or any city rescue him, they shall be put under ban,—not merely in case they refuse to give up for trial the man they have rescued, but absolutely and without more ado. And yet if he were permitting instead of disallowing a trial, he would have made the penal clause against the rescuers conditional upon their not giving up for trial the person rescued.
92.1
I dare say that he will use the following argument, and that he will try very hard to mislead you on this point. The decree, he will urge, is invalid because it is merely a provisional resolution, and the law provides that resolutions of the Council shall be in force for one year only; therefore, if you acquit him today, the commonwealth can take no harm in respect of his decree.
93.1
I think your rejoinder to that argument should be that the defendant’s purpose in drafting the decree was, not that it should be inoperative and have no disagreeable results,—for it was open to him not to draft it at all, if he had wished to consult the best advantage of the commonwealth;—but that you might be misled and certain people might be enabled to carry through projects opposed to your interests. That the decree has been challenged, that its operation has been delayed, and that it has now become invalid, you owe to us; and it is preposterous that the very reasons that ought to make you grateful to us should be available as reasons for acquitting our opponents.
94.1
Moreover the question is not so simple as some suppose. If there were no other man likely to propose decrees like his without regard to your interests, the matter might, perhaps, be a simple one. But in fact there are many such; and that is why it is not right that you should refuse to annul this decree. If it is pronounced flawless, who will not move decrees in future without misgiving? Who will refuse to put them to the vote? Who will impeach them? What you have to take into account is, not that this decree has become invalid by lapse of time, but that, if you now give judgement for the defendant, by that verdict you will be offering impunity to every man who may hereafter wish to do you a mischief.
95.1
It also occurs to my mind, men of Athens, that Aristocrates, having no straightforward or honest defence, nor indeed any defence at all, to offer, will resort to such fallacious arguments as this,—that many similar decrees have been made before now in favour of many persons. That is no proof, gentlemen, of the legality of his own proposal. There are many pretences by which you have often been misled.
96.1
For instance, suppose that one of those decrees which have in fact been disallowed had never been impeached in this Court. It would certainly have been operative; nevertheless it would have been moved contrary to law. Or suppose that a decree, being impeached, was pronounced flawless, because the prosecutors, either collusively or through incompetence, had failed to make good their case: that failure does not make it legal. Then the jurors do not give conscientious verdicts? Yes, they do; I will explain how. They are sworn to decide to the best of an honest judgement; but the view that commends itself to their judgement is guided by the speeches to which they listen, and, inasmuch as they cast their votes in accordance with that view, they are true to their oath.
97.1
Every man keeps his oath who does not, through spite or favour or other dishonest motive, vote against his better judgement. Suppose that he does not apprehend some point that is explained to him, he does not deserve to be punished for his lack of intelligence. The man who is amenable to the curse is the advocate who deceives and misleads the jury. That is why, at every meeting, the crier pronounces a commination, not upon those who have been misled, but upon whosoever makes a misleading speech to the Council, or to the Assembly, or to the Court.
98.1
Do not listen to proof that the thing has happened, but only to proof that it ought to have happened. Do not let them tell you that those old decrees were upheld by other juries; ask them to satisfy you that their plea for this decree is fairer than ours. Failing that, I do not think that you ought to give greater weight to the delusions of others than to your own judgement.
99.1
Moreover, I cannot but think that there is something uncommonly impudent in such a plea as that other people have before now got decrees of this sort.—If, sir, an illegal act has already been done, and you have imitated that act, that is no reason why you should be acquitted. On the contrary, it is an additional reason why you should be convicted. If one of them had been found guilty, you would never have moved our decree and similarly another will be deterred, if you are found guilty today.
100.1
I say that I do not expect that Aristocrates will be able to deny that he has moved a decree in open violation of all the laws; but before now, men of Athens, I have seen a man contesting an indictment for illegal measures, who, though convicted by law, made an attempt to argue that his proposal had been to the public advantage, and insisted strongly on that point,—a simple-minded argument, surely, if it was not an impudent one.
101.1
Admit a man’s proposition to be in every other respect advantageous; it is still disadvantageous in so far as he begs you, who are sworn to give judgement according to law, to ratify a decree which he himself cannot prove to have been honestly drawn, seeing that every man is bound to set the highest value upon fidelity to his oath. At the same time the plea, though impertinent, has reason in it; but not a reason which Aristocrates will be able to submit to you. Entirely opposed as his decree is to the laws, it is not less pernicious than illegal.
102.1
That is the point which I wish now to make good to you; and, in order to do what I wish in as few words as possible, will cite an illustration that is well known to you all. You are aware that it is for the advantage of Athens that neither the Thebans nor the Lacedaemonians should be powerful; that the Thebans should be counterbalanced by the Phocians, and the Lacedaemonians by other communities; because, when that is the position of affairs, you are the strongest nation, and can dwell in security.
103.1
You must, then, take the view that for those of our fellow-citizens who live in the Chersonese the same condition is advantageous, that is, that no one man shall be all-powerful among the Thracians. In fact the quarrels of the Thracians, and their jealousy of one another, afford the best and most trustworthy guarantee of the safety of the Chersonese. Now the decree before us, by offering security to the minister who controls the affairs of Cersobleptes, and by putting the commanders of the other kings in imminent fear of being accused of crime, makes those kings weak, and the king who stands by himself strong.
104.1
And that you may not be quite surprised to hear that decrees made in Athens have so powerful an effect, I will remind you of a piece of history within the knowledge of all of you. After the revolt of Miltocythes against Cotys, when the war had already lasted a considerable time, when Ergophilus had been superseded, and Autocles was on the point of sailing to take command, a decree was proposed here in such terms that Miltocythes withdrew in alarm, supposing that you were not well disposed towards him, and Cotys gained possession of the Sacred Mountain and its treasures. Now observe that later, men of Athens, although Autocles was put on his trial for having brought Miltocythes to ruin, the time for indicting the author of the decree was past; and, so far as Athens was concerned, the whole business had come to grief.
105.1
Even so today, if you do not annul this decree, the kings and their commanders will be immensely discouraged. They will regard themselves as altogether slighted, and will imagine that your favour is inclining towards Cersobleptes. Now suppose that on this assumption they surrender their royalty, whenever Cersobleptes seizes opportunity and attacks them; and again observe what will happen.—
106.1
In heaven’s name, tell me this. If Cersobleptes attacks us,—and he is more likely than not to do so, when he has the power,—shall we not have recourse to those kings? Shall we not try to reduce him through them? Very well; then suppose they reply: Athenians, so far from helping us when we were ill-treated, you made us grievously afraid of defending ourselves, for you issued a decree that anyone who should kill the man who was working against your interests and ours alike, should be liable to seizure. Therefore you have no right to call upon us to help you in a matter which you mismanaged for us as well as for yourselves. Tell me this, I say: will not they have the best of the argument? I think so.
107.1
Again, it cannot possibly be alleged that it was natural that you should be hoodwinked and misled. For even though you had no other basis of calculation, even though you were unable of yourselves to grasp the state of affairs, you had before your eyes the example of those people at Olynthus. What has Philip done for them? And how are they treating him? He restored Potidaea to them, not at a time when he was no longer able to keep them out, as Cersobleptes restored the Chersonesus to you; no,—after spending a great deal of money on his war with you, when he had taken Potidaea, and could have kept it if he chose, he made them a present of the place, without even attempting any other course.
108.1
Nevertheless, although so long as they saw that he was not too powerful to be trusted, they were his allies and fought us on his account, when they found that his strength had grown too great for their confidence, they did not make a decree that whosoever should kill any man who had helped to consolidate Philip’s power should be liable to seizure in the country of their allies.
109.1
No, indeed; they have made friendship, and promise to make alliance, with you,—you who of all men in the world would be most delighted to kill Philip’s friends or even Philip himself. When mere Olynthians know how to provide for the morrow, will not you, who are Athenians, do likewise? It is discreditable that you, who have a reputation for superior ability in political deliberation, should be convicted of a duller perception of your own advantage than Olynthians.
110.1
I am informed that Aristocrates will also say something to the same effect as a speech once made in the Assembly by Aristomachus,—that it is inconceivable that Cersobleptes would ever deliberately provoke your enmity by trying to rob you of the Chersonesus, because, even if he should take it and hold it, it will be of no use to him. Indeed when that country is not at war, its revenue is no more than thirty talents, and when it is at war, not a single talent. On the other hand the revenue of his ports, which, in the event supposed, would be blockaded, is more than two hundred talents. They wonder,—as they will put it,—what he could possibly mean by preferring small returns and a war with you, when he might get larger returns and be your friend.
111.1
But I am at no loss for plenty of instances in the light of which a man might reasonably be skeptical, instead of putting his trust in those orators, and allowing Cersobleptes to become a potentate. However, I will be content with the instance that lies nearest to hand. Of course, gentlemen, you all know that Macedonian, Philip. It was certainly more profitable for him to draw the revenues of all Macedonia in safety, than the revenue of Amphipolis with risks attached; and more agreeable to have you, his hereditary friends, on his side, than the Thessalians who once ejected his own father.
112.1
Apart from that, it may be observed that you, Athenians, never yet betrayed any of your friends, while the Thessalians have betrayed every one of theirs. Nevertheless, in spite of all that, you see that he has deliberately chosen small gains, faithless friends, and big risks, in preference to a life of security.
113.1
Now what can be the reason? For the logic of the thing is certainly not so very obvious. The truth is, men of Athens, that there are two things that are excellent for everybody: good luck, the chiefest and greatest of goods, and good counsel, inferior to good luck, but greater than any other; but men do not get both these good things at once, and no successful man sets any limit or end to his desire to get more. And that is why men, in the desire for more, so often throw away what they already have.
114.1
But what need to name Philip, or any other man? Why, Cersobleptes’ own father, Cotys, whenever he had a quarrel on hand, used to send his ambassadors, and was ready to do anything, and then he could see that being at war with Athens was quite unprofitable. But, as soon as he had all Thrace at his command, he would occupy cities, do mischief, discharge his drunken fury, first on himself, and then on us; he must needs subjugate the whole country; there was no dealing with the fellow. For everybody who attempts improper enterprises for the sake of aggrandizement is apt to look, not to the difficulties of his task, but to what he will achieve if successful.
115.1
My own opinion, then, is that your policy should be fashioned in such a way that, if Cersobleptes’ views in regard to you are what they should be, he shall not be unjustly treated by you, but that, if he is so unreasonable as to treat you unjustly, he may not be too strong to be punished. I will read to you the letter which Cersobleptes sent at the time of the revolt of Miltocythes, and also that which, when the whole kingdom was his, he sent to Timomachus before seizing your outposts.
115.2
(The Letters are read.)
116.1
Here is a warning, men of Athens, which, if you will be guided by me, you will bear in mind; and, remembering also that, when Philip was besieging Amphipolis, he pretended to be doing so in order to hand the place over to you, but that, when he had got it, he annexed Potidaea into the bargain, you will sh to have the same sort of assurance that, according to the story, Philocrates, son of Ephialtes, once opposed to the Lacedaemonians.
117.1
It is said that, when the Lacedaemonians were trying to overreach him, and offered any assurance he was willing to accept, Philocrates replied that the only possible assurance would be that they should satisfy him that, if they had a mind to injure him, they would not have the power; for, he added, I am quite certain that you will always have the mind, and there can be no assurance so long as you have the power. That,—if you will let me advise you,—is the sort of assurance that you will hold against this Thracian. If he ever became master of all Thrace, you need not inquire what his sentiments toward you would be.
118.1
That it is entirely the act of insane men to compose such decrees, or to bestow such favours as this, may easily be learned from many examples. I am sure, men of Athens, that you all know as well as I do that you once admitted Cotys over yonder to your citizenship, evidently because you regarded him at the time as a sincere well-wisher. Indeed, you decorated him with golden crowns; and you would never have done that, if you had thought him your enemy.
119.1
Nevertheless, when he was a wicked, unprincipled man, and was doing you serious injury, you treated the men who put him to death, Pytho and Heracleides of Aenos, as benefactors, made them citizens, and decorated them with crowns of gold. Now suppose that, at the time when the disposition of Cotys was thought to be friendly, it had been proposed that any one who killed Cotys should be given up for punishment, would you have given up Pytho and his brother? Or would you, in defiance of the decree, have given them your citizenship, and honored them as benefactors?
120.1
Again, there was Alexander of Thessaly. At the time when he had imprisoned Pelopidas, and was holding him captive, when he was the most bitter enemy of the Thebans, when his feelings towards you were so fraternal that he applied to you for a commander, when you gave aid to his arms, when it was Alexander here and Alexander there,—why, gracious heavens! if anybody had moved that whoever killed Alexander should be liable to seizure, would it have been safe for any man to try to give him due punishment for his subsequent violence and brutality?
121.1
But why need one talk about the other instances? Take Philip, who is now accounted our very worst enemy. At the time when, having caught some of our citizens in the act of trying to restore Argaeus, he released them and made good all their losses, when he professed in a written message that he was ready to form an alliance with us, and to renew his ancestral amity, if at that time he had asked us for this favour, and if one of the men he had released had proposed that whoever shall kill Philip should be liable to seizure, a fine insult we should have had to swallow!
122.1
Do you not see, gentlemen, do you not understand, how you would have been chargeable with sheer lunacy in every one of these instances, if you had carried by vote any such resolution as this? I say it is not the part of sane men either to put such confidence in a man, whenever they imagine him to be friendly, as to deprive themselves of all defence against possible aggression, or, on the other hand, when they regard anyone as an enemy, to hate him so fiercely that, if he ever wants to reform and be their friend, they have taken it out of his power to do so. But we should, I think, carry both our friendship and our hatred only so far as not to exceed the due measure in either case.
123.1
For my part, I cannot see why everybody who has any sort of claim to be your benefactor should not expect to get this favour, if you bestow it upon Charidemus,—Simon, for example, if you want a name, or Bianor, or Athenodorus, or thousands more. No; if we make the same decree in favour of the whole company, we shall unconsciously make ourselves a bodyguard for every one of them, like jobbing mercenaries; but if we do it for one but not for another, those who are disappointed will have a right to complain.
124.1
Now just suppose that Menestratus of Eretria were to require us to make the same decree for him, or Phayllus of Phocis, or any other autocrat,—and I need not say that we often make friends, to serve our occasions, with many such people,—are we to vote decrees for all of them, or are we not? You say, Yes. Then what decent excuse shall we have, men of Athens, if, while asserting ourselves as the champions of all Hellas in the cause of liberty, we make our appearance as yeomen of the guard to men who maintain troops on their own account to keep down the populace?
125.1
If we ought, though I say we ought not, to grant such a favour to anyone, let it be even in the first instance to the man who has never done us wrong; secondly, to the man who will never have the power, though he have the will, to injure us; and finally the man who is known by everyone to be seeking it for his own protection, and not in the hope of maltreating his neighbors with impunity—it is to him truly that it should be given. I will spare you the proof that Charidemus is neither a man void of offence towards us, nor one who, for his own safety, tries to win your support; but I do ask you to listen to me when I declare that he is not even one who can be trusted for the future, and to consider carefully whether my argument is sound.
126.1
In my judgement, men of Athens, everyone who desires to become an Athenian citizen, because he has fallen in love with our customs and laws, will make his home in our midst, as soon as he receives our franchise, and will enjoy his share in the advantages he coveted. But as for those who are not moved by any desire or emulation of those institutions, but value only the advantage they derive from the credit of being distinguished by you, I fancy, indeed I am quite certain, that as soon as they discern a prospect of larger advantage elsewhere, they will devote their attention to that prospect, without the least concern for you.
127.1
For example, to make clear to you my purpose in saying this, when that man Pytho, having just killed Cotys, did not think it safe to take his chance of a place of refuge, he came to you, applied for your citizenship, and thought you the finest people in the world. But now that he thinks relations with Philip more advantageous to him, he takes Philip’s side, without the slightest regard for you. No, men of Athens; when men give their lives to the pursuit of their own ambitions, I say that there is no stability and no honesty to be found in them. Every sensible man must get the better of such people by wary conduct: he should not begin by trusting and end by denouncing them.
128.1
Athenians, if we should assume,—though it is the reverse of the truth,—that Charidemus himself has been, is still, and will remain devoted to us, and that he will never entertain any other sentiment, it is not a whit the more wise to pass such decrees for him. If he had accepted the security offered by the decree for any other purpose than the interests of Cersobleptes, the danger would have been less; but, in fact, I find on a calculation of probabilities that the man for whose benefit he will turn to account the advantage given by the decree is himself equally unworthy of his confidence and of ours.
129.1
Observe how honestly I examine the several points, and how entirely reasonable are my apprehensions. I look at Cotys, and I find that he was related by marriage to Iphicrates in the same degree as Cersobleptes to Charidemus; and that the achievements of Iphicrates on behalf of Cotys were far more important and meritorious than anything that Charidemus has done for Cersobleptes. Let us consider it in this way.
130.1
No doubt you remember, men of Athens, that Iphicrates was a very fortunate man, with his bronze effigy, his free board at the Town Hall, and other grants and distinctions. Nevertheless he had the courage to fight a battle at sea against our commanders in defence of Cotys, setting a higher value on the salvation of that king than upon all the honors he enjoyed in your city. If your resentment had not been more restrained than his impetuosity, nothing could have saved him from being the most miserable of mankind.
131.1
In spite of that, when Cotys, who owed his deliverance to Iphicrates, and had had practical experience of his loyalty, believed himself to be permanently out of danger, he took no pains to reward him, and never showed you any civility through his agency in the hope of winning forgiveness for his past conduct. On the contrary, he claimed his help in besieging the rest of your strongholds,
132.1
and, on his refusal, he made an attack in person on the strongholds, taking with him the forces collected by Iphicrates as well as his barbarian troops, and engaging the services of Charidemus. He reduced Iphicrates to such helplessness that he withdrew to Antissa, and afterwards to Drys, and lived there; for he did not think he could honorably return to you, whom he had slighted for the sake of a Thracian and a barbarian. On the other hand, he thought it dangerous to remain at the court of a king whom he had found so negligent of his safety.
133.1
Now suppose, men of Athens, that Cersobleptes also, having his power enhanced by the immunity that is being procured for Charidemus, should disdain that man, and initiate plots and disturbances against you,—are you content, as long as Charidemus is misled, to have furnished the Thracian with strength to fight you? I hope not! Here is the view that I think the just one: if Charidemus makes it his business to get these decrees, after perceiving and foreseeing that peril, you must distrust him as an intriguer.
134.1
On the other hand, if he has failed to discern the peril, the more you credit him with good intentions, the more forethought you should exercise for his sake as well as your own. Honest friends should not bestow upon their well-wishers such favours as will bring disaster to both alike, but should rather cooperate in any action that tends to their common advantage; and when a man is more far-sighted than his friend, he should order things for the best, and not treat the gratification of the moment as of more value than all future time.
135.1
Moreover, I cannot discover on reflection that Cersobleptes, though both barbarous and faithless, is likely to take any pains not to injure Charidemus so seriously; for when I look backwards and observe the advantages of which Cotys was going to deprive Iphicrates without the slightest consideration for him, I really cannot think that Cersobleptes would trouble himself about the losses that will fall on Charidemus.
136.1
Cotys expected to rob Iphicrates of honors, of maintenance, of statues, of the country that made him a man to be envied, I may almost say of everything that made life worth living; yet he had no scruple. But, really, what is there of which this man should be anxious not to deprive Charidemus? He has no possessions whatsoever in your city,—neither children, nor a statue, nor kindred, nor anything else.
137.1
If Cersobleptes is by nature not a man of his word, if he is justly distrusted because of his past behavior, and if there is nothing in the political situation that should induce him, even against his judgement and his character, to promote the welfare of Charidemus, for what reason should we, in sheer absolute stupidity, help him to accomplish his desires, even to our own detriment? I see no reason.
138.1
Apart then from the fact that this decree does not further our policy, you must be warned that, as regards reputation also, it does not further the interest of our city to be known to have enacted anything of the sort. If, men of Athens, the decree had been made for the benefit of a man dwelling in a free state, and living under its laws as a free citizen, it would have been less discreditable, though still unwarranted; but in fact it has been made for Charidemus, a man not domiciled in any free state at all, but commanding an army for a Thracian and an autocrat, and maltreating people by royal authority.
139.1
You cannot but know how all these mercenary officers seize upon free Hellenic cities, and try to dominate them. They march about through country after country as the common enemies, if the truth must be told, of every man whose wish is to reside constitutionally and as a free man in his own fatherland. Men of Athens, is it creditable to you, is it dignified, that you should be known to have carried a measure for the protection of a fellow who, to satisfy his greed, is ready to fall foul of anybody who comes his way, and to have given notice of expulsion from your alliance to the defenders of their own independence?
140.1
For my part, I cannot regard such action as consistent with your honor or your good fame. It must be discreditable, first to denounce the Lacedaemonians for giving written licence to the King of Persia to do what he likes to the Hellenic inhabitants of Asia, and then to put European Hellenes, and everybody whom Charidemus thinks he can overpower, at the mercy of Cersobleptes. And that is precisely the effect of this decree, when no distinction is drawn as to what his general may or may not do, but when all who resist his attacks are menaced with such terrors.
141.1
In the next place, men of Athens, I would like to relate a piece of history, which will make it still more evident to you that it is your bounden duty to abrogate this decree. Once upon a time, on a certain occasion, you gave your citizenship to Ariobarzanes, and also, on his account, to Philiscus,—just as you have recently given it to Charidemus for the sake of Cersobleptes. Philiscus, who resembled Charidemus in his choice of a career, began to use the power of Ariobarzanes by occupying Hellenic cities. He entered them and committed many outrages, mutilating free-born boys, insulting women, and behaving in general as you would expect a man, who had been brought up where there were no laws, and none of the advantages of a free constitution, to behave if he attained to power.
142.1
Now there were two men in Lampsacus, one named Thersagoras and the other Execestus, who had formed views about tyranny very much like those that prevail here. These men put Philiscus to death, as he deserved, because they felt it their duty to liberate their own fatherland. Now suppose that one of those orators who spoke on behalf of Philiscus, at a time when he was paymaster of the mercenaries at Perinthus, when he held all the Hellespont, and was the most powerful of viceroys, had then, like Aristocrates today, moved a resolution that whosoever killed Philiscus should be liable to seizure in allied territory. I entreat you to reflect upon the depth of ignominy to which our city would have fallen.
143.1
Thersagoras and Execestus came to Lesbos and lived there. Well, if any son or any friend of Philiscus had laid hands on them, they would have been given up to justice in pursuance of your decree; and assuredly you would have been guilty of a shameful and a scandalous act if, while ostentatiously setting up bronze statues of the men who performed a similar feat in your own city, and loading them with unparalleled honors, you had condemned to outlawry those who in some other country had exhibited the selfsame spirit of patriotism. I am glad to say that, in the case of Philiscus, it was not your fate to be ensnared and to incur that great dishonor; but in the present case, if you will heed my warning, you will be very careful; for, if there is no limiting clause and if the phrase whosoever shall kill Charidemus is unqualified, it is quite possible that the outcome will be such as I have described.
144.1
My next purpose is briefly to examine the past history of Charidemus, and to unmask the extraordinary audacity of his flatterers. I pledge myself simply to this,—and I hope no one will take my pledge in bad part,—that I will satisfy you, not only that he is unworthy of the protection proposed by the defendant, but that he deserves to be most severely punished, if chastisement is justly due to those who wish you ill, and cheat you, and are always trying to thwart you.
145.1
I dare say that some of you, reflecting that the fellow has first been made a citizen, and thereafter has been decorated with crowns of gold, are astonished that it has been such an easy task to delude you so completely. Well, you may be quite sure, men of Athens, that you have been deluded; and I will explain why such a result was to be expected. You have plenty of good judgement; but you do not apply it persistently.
146.1
I mean this, for instance: suppose you were asked which you regard as the most unprincipled breed of citizens you have; you would not name the farmers, or the traders, or the silver-miners, or any class like those, but if any one named the people who make speeches and move resolutions for hire, I am sure that your assent would be unanimous. So far your judgement is excellent; but it is no longer sound in the sequel.
147.1
For it is on the very people whom you regard as most unprincipled that you rely for a right opinion of a man’s character and they describe this or that man as virtuous or wicked, not when the description is honest and true, but when it brings money into their own pockets. And that is what the orators have constantly done in respect of Charidemus, as you will agree when I have given you an account of his past career.
148.1
I do not reckon among his misdeeds those campaigns of his early life, in which he served against Athens as a slinger or light-infantry man; nor that he once owned a piratical ship and preyed on your allies. But I pass these things by. And for what reason? Because, gentlemen, hard necessity does away with all consideration of what anyone should or should not do; and therefore in such matters a candid examiner must not be too fastidious. But let me tell you of the mischief he did to you at the outset of his career as a mercenary officer with troops under his command.
149.1
First of all, he was hired by Iphicrates, and drew pay in his army for more than three years. When you had cashiered Iphicrates, and dispatched Timotheus as commander-in-chief to Amphipolis and the Chersonesus, the man’s first performance was to surrender to the Amphipolitans those hostages of theirs whom Iphicrates had taken from Harpalus, and put under his care, although you had ordered them to be conveyed to Athens. That act prevented you from occupying Amphipolis. Secondly, when Timotheus in his turn wanted to hire him and his troops, he refused the engagement, and repaired by sea to Cotys, taking with him your light galleys, though he was perfectly well aware that Cotys was the most bitter enemy you had in the world.
150.1
Subsequently, after the decision of Timotheus to take the operations against Amphipolis before those against the Chersonesus, finding that there was no mischief he could do you in that country, he again hired himself out,—this time to the Olynthians, who were your enemies and were then holding Amphipolis. He set sail from Cardia for Amphipolis, with the intention of fighting against Athens, but on the voyage he was captured by our fleet. But in view of the needs of the hour, and because mercenaries were wanted for the war against Amphipolis, instead of being punished for his refusal to deliver the hostages, and for deserting with the light galleys to your enemy Cotys, guarantees were exchanged, and he entered the campaign as your auxiliary.
151.1
He ought to have been grateful to you because his life was spared when he might justly have been put to death; but instead of that the city, as though she owed gratitude to him, has bestowed upon him crowns and franchise and favours known to you all.—To prove the truth of these allegations, please read the decree respecting the hostages, the dispatch of Iphicrates, the dispatch of Timotheus, and lastly this deposition.—You will find that what I am telling you is not mere gossip and recrimination, but the plain truth.—Read.
151.2
(The Decree, the Dispatches, and the Deposition are read.)
152.1
You have heard the evidence of the dispatch and the deposition, proving that at the outset Charidemus sold his services to a country where he expected to fight against you, though he had the choice of many other markets; that later, finding that in that country he could do you no harm, he sailed back to a place where he had a chance of operating against Athens; and that he was the chief cause of your failure to take Amphipolis. Such were the early exploits of Charidemus. You must now look at his later conduct.
153.1
After a certain lapse of time, when the war with Cotys had already broken out, he sent a letter to you; or rather, not to you but to Cephisodotus, for, being conscious of his transgressions, he was very much of the opinion that the beguilement of Athens was a task beyond his own powers. In this letter he undertook to recover the Chersonesus for Athens; but his real intention was exactly the opposite. You must be informed of the nature of this epistolary transaction,—it is not a long story—and so get an insight into the fashion of this man’s dealings with you from first to last.
154.1
Being at that time discharged from the service of Timotheus, he withdrew from Amphipolis, crossed the straits to Asia, and there, because of the recent arrest of Artabazus by Autophradates, he hired out his forces and himself to the sons-in-law of Artabazus. He had taken and given pledges, but he ignored and broke his oaths, and, finding the inhabitants of the country, who thought they were dealing with a friend, off their guard, he seized their towns, Scepsis, Cebren, and Ilium.
155.1
Having taken possession of these strongholds, he had a misadventure into which even an ordinary person, not to say a man calling himself a commander, could never have blundered. Although he held no position on the sea-coast, and had no means of supplying his troops with provisions, and although he had no food in the towns, he remained within the walls, instead of looting the towns and making off in pursuance of his intention to do mischief. But Artabazus, having been released by Autophradates, collected an army, and appeared on the scene; and he could draw supplies from the friendly countries of upper Phrygia, Lydia, and Paphlagonia, while for Charidemus nothing remained but to stand a siege.
156.1
When he realized what trouble he was in, and came to the conclusion that he would be reduced by famine, if by no other means, he made the discovery, whether by suggestion or by his own wits, that his only chance of salvation lay where there is salvation for everybody. And where is that? In your good-nature, if that is the right term, men of Athens,—or call it what you will. Having reached that conclusion, he dispatched the letter to you,—and it is worth your while to hear it read. His desire was, by means of a promise to recover the Chersonesus for you, and on the pretence that such was also the wish of Cephisodotus, as an enemy of Cotys and Iphicrates, to get a supply of galleys from you, and so scuttle safely out of Asia.
157.1
Do you remember the immediate sequel, by which the trick was exposed in the very act? Memnon and Mentor, the sons-in-law of Artabazus, were young men, enjoying unexpected good fortune by their relationship to Artabazus. What they wanted was to govern the country peaceably without delay, and to win distinction without warfare and peril. Accordingly, they persuaded Artabazus to forgo his vengeance upon Charidemus, and to send him off under an armistice, advising him that you would bring Charidemus across with or without his consent: he could not possibly stop you.
158.1
Having gained this unaccountable and unforeseen deliverance, Charidemus crossed the sea to the Chersonesus without your authority by reason of the armistice; but then, so far from attacking Cotys,—although he had told you in his letter that Cotys would not repel his attack,—and so far from helping you to recover the Chersonesus, he entered the service of Cotys once more, and began to beleaguer your last remaining strongholds, Crithote and Elaeus. You will find proof in his route across the straits that he had already decided on this action at the time when he was in Asia and was sending you the letter, and therefore that he was cheating you; for he crossed from Abydus, a place always hostile to you, and the base from which Sestus was captured, to Sestus, which was in the possession of Cotys.
159.1
Yet you must not imagine that either the Abydenes or the people at Sestus would have admitted him, after that letter had been sent to you, if they had not been aware that he was cheating you, or if they had not been actually parties to the deception. They wanted you to provide a safe passage for the troops, and then, after the passage, to get the use of them for their own purposes; as in fact they did, when Artabazus had granted a safe-conduct.—To prove that such are the facts read the letters,—I mean the letter sent by Charidemus, and those that came from the authorities in the Chersonesus.—You will learn from them that the facts are so.—Read.
159.2
(A Letter is read.)
160.1
Observe from and to what points he crossed the straits; it was from Abydus to Sestus. Do you suppose that the Abydenes and the Sestians would have admitted him, if they had not been privy to his fraud, when he sent you that letter?—Now read to the jury the letter itself.—Observe, men of Athens, with what extravagance of self-commendation he wrote to you, telling you he had done this, and undertaking to do that.—Read.
160.2
(The Letter is read.)
161.1
A beautiful letter, is it not, gentlemen? One for which you could not have been too grateful,—if only it had been true! But in fact he wrote it to deceive, when he had no expectation of an armistice; but when he had got his armistice,—read what he did then.
161.2
(Another Letter is read.)
161.3
So, after the gentleman who undertook to recover our lost fortresses had passed the straits, the governor of Crithote informs us that our remaining possessions are in greater danger than ever.—Show me another letter, and then read a bit of it.
161.4
(Another Letter is read.)

Perseus Greek. CTS URN tlg0014.tlg023.perseus-eng2. Via the Perseus Digital Library / Open Greek and Latin TEI corpora. Licence: CC BY-SA 4.0. Source.