§39ὅτι μὲν οὖν οὔτε διὰ τὰς γραφὰς τὰς ἀνεγνωσμένας οὔτε διʼ ἄλλην αἰτίαν οὐδεμίαν ἄξιόν ἐστιν παρὰ πάντας τοὺς νόμους τοὺς περὶ τῶν ἐνδείξεων ἀφεῖναι Θεοκρίνην, σχεδὸν καὶ διὰ τῶν εἰρημένων φανερόν ἐστιν.
Therefore, that it is not right, neither on account of the indictments that have been read nor for any other reason, contrary to all the laws concerning informations, to acquit Theocrines, is almost clear also from what has been said.
ἐγὼ δὲ τὰς μὲν τούτων προφάσεις, ὦ ἄνδρες δικασταί, καὶ τὰς κατηγορίας καὶ τὰς προσποιήτους ταύτας ἔχθρας οὐ λανθάνειν ὑμᾶς νομίζω.
But I think, gentlemen of the jury, that their pretexts, accusations, and these feigned enmities do not escape your notice.
§40οὐ γὰρ ὀλιγάκις ἑοράκατʼ αὐτοὺς ἐπὶ μὲν τῶν δικαστηρίων καὶ τοῦ βήματος ἐχθροὺς εἶναι φάσκοντας ἀλλήλοις, ἰδίᾳ δὲ ταὐτὰ πράττοντας καὶ μετέχοντας τῶν λημμάτων, καὶ τοτὲ μὲν λοιδορουμένους καὶ πλύνοντας αὑτοὺς τἀπόρρητα, μικρὸν δὲ διαλιπόντας τοῖς αὐτοῖς τούτοις συνδεκαδίζοντας καὶ τῶν αὐτῶν ἱερῶν κοινωνοῦντας.
For not a few times have you seen them, on the one hand, in the courts and on the speaker's platform claiming to be enemies to one another, but privately doing the same things and sharing in the gains, and at one time abusing each other and exposing their secrets, but after a short interval, forming cliques with these very same men and sharing in the same sacred rites.
καὶ τούτων οὐδὲν ἴσως θαυμάσαι ἄξιόν ἐστιν· φύσει τε γάρ εἰσι πονηροί, καὶ τὰς τοιαύτας προφάσεις ὁρῶσιν ὑμᾶς ἀποδεχομένους, ὥστε τί κωλύει ταύταις αὐτοὺς χρωμένους ἐξαπατᾶν ὑμᾶς πειρᾶσθαι;
And perhaps none of these things is worthy of wonder; for they are wicked by nature, and they see that you accept such pretexts, so what is to prevent them from attempting to deceive you by employing these?
§41ὅλως δʼ ἔγωγε οἶμαι δεῖν ὑμᾶς, ὦ ἄνδρες δικασταί, ὑπὲρ αὐτοῦ τοῦ πράγματος σκεψαμένους, εἰ μὲν δίκαια λέγω καὶ κατὰ τοὺς νόμους, βοηθεῖν μοι, μηδὲν ὑπολογισαμένους εἰ μὴ Δημοσθένης ἐστὶν ὁ κατηγορῶν, ἀλλὰ μειράκιον, μηδὲ νομίζειν κυριωτέρους δεῖν εἶναι τοὺς νόμους, ἂν εὖ τις τοῖς ὀνόμασι συμπλέξας αὐτοὺς ὑμῖν παράσχηται, τῶν ὅπως ἔτυχεν λεγόντων, ἀλλὰ τοὺς αὐτούς, καὶ τοσούτῳ μᾶλλον τοῖς ἀπείροις καὶ τοῖς νέοις βοηθεῖν, ὅσῳπερ ἂν ἧττον ἐξαπατήσειαν ὑμᾶς.
On the whole, I think you ought, gentlemen of the jury, having considered the matter itself, if I speak what is just and in accordance with the laws, to aid me, taking no account of whether the accuser is not Demosthenes but a mere youth, and not to think that the laws ought to be more valid if someone presents them to you weaving them well with words than those as presented by people who speak just as it happens, but that they are the exact same, and to aid the inexperienced and the young by so much the more, insofar as they are less likely to deceive you.
§42ἐπεὶ διότι τοὐναντίον ἐστίν, καὶ οὐχ οὗτος, ἀλλʼ ἐγὼ κατεστασίασμαι, καὶ φησάντων τινῶν μοι συναγωνιεῖσθαι προδέδομαι διὰ τὰς τούτων ἑταιρείας, ἐκείνως δῆλον ὑμῖν ἔσται.
Indeed, that the opposite is the case, and that it is not he, but I who have been overwhelmed by faction, and that, although some said they would fight on my side, I have been betrayed because of their political clubs, will be clear to you in the following way.
καλείτω ὁ κῆρυξ οὗτος τὸν Δημοσθένην· οὐκ ἀναβήσεται.
Let the herald here call Demosthenes; he will not come up.
τὸ δʼ αἴτιόν ἐστιν, οὐ τὸ ἐμὲ ὑπό τινων πεπεισμένον ἐνδεῖξαι τουτονί, ἀλλὰ τοῦτον καὶ τὸν ἄρτι καλούμενον διαλελύσθαι.
And the reason is, not that I was persuaded by certain people to lodge the information against this man, but that he and the one just called have come to terms.
καὶ τοῦθʼ ὅτι ἐστὶν ἀληθές, ἀναγκάσω μὲν μαρτυρεῖν καὶ Κλεινόμαχον τὸν συναγαγόντʼ αὐτοὺς καὶ Εὐβουλίδην τὸν ἐν Κυνοσάργει παραγενόμενον· §43οὐ μὴν ἔλαττόν γε τούτου σημεῖον ὑμῖν, ἀλλὰ μεῖζον παρασχήσομαι διότι τοῦτʼ ἔστιν ἀληθές, ὃ πάντες ἀκούσαντες ὁμολογήσετε.
And that this is true, I will compel to testify both Clinomachus, who brought them together, and Eubulides, who was present at Cynosarges; However, I will present to you not a lesser, but a greater proof than this that this is true, which all of you, upon hearing it, will admit.
Θεοκρίνης γὰρ οὑτοσὶ τοῦτον διώκων παρανόμων, τὸν μιαρόν, ὡς αὐτίκα φήσει, καὶ τῶν νῦν αὐτῷ κακῶν αἴτιον, φανερῶς ἀφῆκε τῆς γραφῆς, ἐφʼ ᾗ δέκα τάλαντα ἐπεγράψατο τίμημα.
For this Theocrines here, while prosecuting him for illegal proposals—him, the 'abominable one' as he will soon call him and the cause of his present troubles—manifestly let go of the indictment, on which he had assessed the penalty at ten talents.
πῶς;
How?
οὐδὲν καινὸν διαπραξάμενος, ἀλλʼ ὅπερ ἕτεροί τινες τῶν ὁμοίων τούτῳ.
Having done nothing new, but just what certain others of those like him do.
τὸν μὲν Δημοσθένην τις ὑπωμόσατο καλουμένης τῆς γραφῆς ὡς νοσοῦντα, τὸν περιιόντα καὶ λοιδορούμενον Αἰσχίνῃ·
When the indictment was called, someone entered an oath of postponement on behalf of Demosthenes as being ill—him, who was walking about and abusing Aeschines!
τοῦτον δʼ οὗτος τὸν ἐχθρὸν εἴασεν, καὶ οὔτε τότε ἀνθυπωμόσατο οὔθʼ ὕστερον ἐπήγγελκεν.
And this man let his enemy go, and neither did he make a counter-oath then, nor has he proceeded against him since.
ἆρʼ οὐ περιφανῶς οὗτοι φενακίζουσιν ὑμᾶς τοὺς προσέχοντας τούτοις ὡς ἐχθροῖς;
Do these men not manifestly cheat you, who pay attention to them as if they were enemies?
λέγε τὰς μαρτυρίας.
Read the testimonies.
ΜΑΡΤΥΡΙΑΙ.
ΜΑΡΤΥΡΙΑΙ.
§44οὐκοῦν δίκαιόν ἐστιν, ὦ ἄνδρες δικασταί, μηδʼ ὑμᾶς τῶν φησόντων Θεοκρίνῃ διὰ τὴν πρὸς Δημοσθένην ἔχθραν συνερεῖν ἐθέλειν ἀκούειν, ἀλλὰ κελεύειν αὐτούς, εἴπερ ὡς ἀληθῶς ἐχθροί εἰσιν τοῦ Δημοσθένους, αὐτὸν ἐκεῖνον γράφεσθαι καὶ μὴ ἐπιτρέπειν αὐτῷ παράνομα γράφειν.
Therefore, gentlemen of the jury, it is just that you too should not wish to listen to those who will say they are speaking in support of Theocrines on account of their enmity towards Demosthenes, but should bid them, if indeed they are truly enemies of Demosthenes, to indict that man himself and not to permit him to propose illegal measures.
εἰσὶ δὲ δεινοὶ καὶ οὗτοι, καὶ πιστεύονται μᾶλλον παρʼ ὑμῖν.
And these men too are clever, and are rather believed among you.
ἀλλʼ οὐ ποιήσουσι τοῦτο.
But they will not do this.
διὰ τί;
Why?
ὅτι φασὶ πολεμεῖν ἀλλήλοις οὐ πολεμοῦντες.
Because they say they are at war with one another when they are not at war.
§45περὶ μὲν οὖν τῆς τούτων ἔχθρας ὑμεῖς ἂν ἀκριβέστερον ἐμοὶ διεξέλθοιτε ἢ ἐγὼ ὑμῖν.
Now, concerning the enmity of these men, you could relate it to me more accurately than I to you.
ἡδέως δʼ ἂν ἠρόμην Θεοκρίνην ἐναντίον ὑμῶν, εἴ μοι ἔμελλεν ἀποκρινεῖσθαι δικαίως, τί ποτʼ ἂν ἐποίησεν, ἐπειδή φησιν ἐπὶ τῷ κωλύειν τετάχθαι τοὺς παράνομα γράφοντας, εἴ τις ἐν τῷ δήμῳ διαλεχθεὶς ἅπασι τοῖς πολίταις καὶ πείσας ἔγραψεν ἐξεῖναι τοῖς ἀτίμοις καὶ τοῖς ὀφείλουσιν τῷ δημοσίῳ γράφεσθαι, φαίνειν, ἐνδεικνύειν, ἁπλῶς ποιεῖν ὅσαπερ νῦν ὁ νόμος κωλύει πράττειν,
But I would gladly have asked Theocrines in your presence, if he were going to answer me justly, what in the world he would have done, since he says he is appointed to prevent those who propose illegal measures, if someone, having addressed all the citizens in the assembly and persuaded them, proposed that it be permitted to those who are disenfranchised and those who owe to the public treasury to bring indictments, to denounce, to lodge informations, and in short, to do all the things that the law now forbids them to do,