anything like it, for you, who moved that three citizens should be put to death without trial, to be indicted and convicted for an illegal motion, and, when sentence of death ought to have followed, to be let off with a fine, and for one who has become security for a friend to be unable to pay an unexpected penalty. It is not the same thing; no! In the next place, Aristogiton, as far as it depends upon himself, breaks up and destroys that general good feeling which you have naturally for one another; as you may see from what I am about to say. You, men of Athens, exercising, as I have said, your natural kind feelings towards each other, live together in the commonwealth much in the same way that relations dwell together in their private houses. How then do they manage? Where there is a father with grown-up sons, and perhaps their children also, there must necessarily be many different inclinations; for youth and age neither talk nor act in the same manner. However, if the young are discreet, they contrive in all that they do, if possible, to escape observation, or, if they cannot, at all events to have the appearance of desiring it: and the elder people again, if they chance to observe any expenditure, or any drinking or pleasuring that passes the bounds of moderation, see it without appearing to have seen. And by such means everything is done which human nature prompts, and is done well. in the same manner you, O Athenians, live in the state in a spirit of relationship and humanity; the bulk of you so looking at the acts of unfortunate men, as (to use the words of the proverb) seeing not to see and hearing not to hear, while they manage in all their proceedings to display a cautious reserve and sense of shame. And by such means that universal concord, which is the origin of all blessings, is established and abides in the commonwealth. This state of things, so happily settled by your natures and habits, Aristogiton disturbs, destroys, and casts to the wind; and, what every other man who has been unfortunate does without noise, he performs almost with bells round his neck. Neither president, nor crier, nor chairman, nor assistant tribe,1 can control him. And now, when any of you, annoyed at the defendant's indecent conduct, says "This fellow to act in such a way,

Just

Those who sat on the steps of the platform to keep order. See Vol. ii. Appendix V. p. 341.

when he is a debtor to the treasury too!" "Well ! isn't such and such a one a debtor?"-this is the answer you get, every man naming his private enemy: and thus Aristogiton's profligacy draws forth these reproaches, which are cast upon persons who do not resemble him.

It remains then, O Athenians, for those who wish to get rid of this man, now that they have a crime clearly proved according to the laws, to pass sentence of death upon him (that is the best course), or at all events to impose such a pecuniary fine as he will not be able to pay there is no other way of getting quit of him, you may be assured. Among the rest of mankind, O Athenians, you may observe, that the good and honest, by their own natural impulse, do what is right; those less estimable, who yet fall not within the rank of the very bad, avoid committing faults through fear of you and through their sensibility to reproach and disgrace; the worst sort, the most wicked wretches (to use a common expression), are brought to their senses by misfortune. But this Aristogiton has so far surpassed all mankind in wickedness, that even suffering has not been a warning to him; he has again been caught in the same acts of injustice and encroachment. And he deserves your wrath far more now than he did before, because then he only thought proper to move illegal decrees, whereas now he does everythingaccuses, speaks in public, utters foul and abusive language, proposes sentences of death, brings impeachments, slanders citizens possessed of their franchise, he himself being a debtor to the treasury; nothing can be more atrocious than this. To admonish him would be madness: he that never was frightened nor put down by that tumult with which your whole assembly admonish troublesome persons-he'd be likely to mind the warning of a single individual. The defendant's case is incurable, incurable, men of Athens. As physicians therefore, when they see a cancer or an ulcer or anything of the sort which is incurable, burn it out, or cut it wholly away, so ought you to exterminate this monster, to cast him out of the commonwealth, to destroy him, not waiting till you suffer something which I pray may never befall you either publicly or privately, but taking timely precaution against it. For just consider. None of you, I dare say, was ever bitten by a viper or a tarantula, and I hope you never will be; but

yet, whenever you see creatures of that kind, you kill them directly. In like manner then, O Athenians, when you see a pettifogger, or a man bitter and viper-like in his nature, don't wait till he bites you, but whoever lights upon him, give him his deserts.

Lycurgus called Pallas and the mother of the Gods to witness, and he did well. I invoke your ancestors and their virtues, whose memory not even time has effaced; and no wonder: for they governed the state, not by lending themselves to assist knaves and pettifoggers, not by venting spite upon each other within the walls, but by honouring both orators and private citizens who were virtuous and good, while the wicked and the audacious they detested and punished the consequence of which was, that all were competitors in honourable deeds.

One thing further, and I have done. You will go forth presently from the court, and all who have stood around, foreigners as well as citizens, will take a view of you, and will look at every man who passes, one by one, and know those who have given votes of acquittal by their countenances. What will you say then, men of Athens, if you go forth as persons who have abandoned the laws? With what faces, with what eyes will you meet the gaze of each beholder? How can you go to the temple of Cybele,1 if you have any occasion? Could you individually and separately have recourse to the laws, as being in force, if you all collectively quit the court without having affirmed them? Surely not. How on the first day of the month will you ascend to the Acropolis, and implore the Gods to grant prosperity to the state and to each of yourselves, when, Aristogiton and his worthy father being there, you have given a judgment contrary to your oaths and to the facts there registered? Or what will you say, Athenians, what will you say, should any one guess the acquitting jurors and put the question to you? What will you answer? That you like this man? And who will venture to say so? Where is the person who would inherit his baseness, attended with execration and dishonour?

1 In this were archives of the Athenian laws, to which every citizen had access. See Nóuos, Arch. Dict.

2 I. e. their names being there entered as debtors. For, though the father was dead, the record of his debt probably remained.

Will not each of you rather say that he did not acquit? Then you'll execrate those that did, each thus giving proof that he was not one of them. And wherefore resort to this, when good words might be on your lips, when all might implore blessings for all, you for yourselves, and the rest of the Athenians for you, and I may add the foreigners also and their wives and children? For the defendant's mischievous activity has reached, verily it has reached all; and all would rejoice to be delivered from his wickedness, and to see punishment inflicted upon him.

THE ORATION AGAINST ARISTOGITON-II.

THAT Aristogiton the defendant is a debtor to the treasury, and that he is not possessed of his franchise, and that the laws expressly prohibit such persons from speaking in public, has been clearly shown, men of the jury. It is your duty to repress and restrain all people who break the laws, but most especially those who hold magisterial offices and take a part in political affairs. For through them the republic cannot help being either injured, if they are vicious, or, on the other hand, greatly benefited if they are virtuous and choose to observe the laws. If you once allow those who undertake any public duty to violate the laws and set at nought the rules of justice, it is a matter of course that all who belong to the state should suffer by it. For as mistakes occurring on board ship in a voyage, if committed by any of the common sailors, cause but slight damage, but, if the pilot commits a fault, the mischief which he does extends to all the passengers; in like manner the errors of private men do injury not to the multitude, but to themselves, whereas those of magistrates and statesmen reach the whole people, and therefore Solon ordained that punishments for private men should be slow, but speedy for official personages and political leaders; for he thought that from the former we might get satisfaction in the course of time, but from the latter we could not wait for it and in fact there would be nobody left to punish, if the constitution was overthrown.

No one is impudent or arrogant enough to dispute these principles, except this wicked wretch Aristogiton. We shall find, they are submitted to by all our magistrates and statesmen, when you have once passed any sentence against them. For example, when any of the men in office are deposed, they immediately cease to exercise their functions and are deprived of their crowns; and again, such of the Judges as are not promoted to the Areopagus never think of forcing themselves into the place, but acquiesce patiently in your decision. And it is reasonable they should do so: for as, while they are in office, they consider that private men are bound to obey them, so, when they have returned themselves to a private station, it is right they should conform to the laws which govern the state. And if you will look back to the earliest times, you will see that all our statesmen in the same way submitted to your ordinances. Aristides, they say, after being removed by your ancestors, dwelt in Ægina until the people received him back; and Miltiades and Pericles owing to the state, one of them thirty and the other fifty talents, did not harangue the people until they had paid. And it would be a most shocking thing to happen, that, while your greatest benefactors could not obtain the privilege of acting for you contrary to the established laws, a person who has done no service, but committed innumerable offences, should be seen thus easily, against justice and the public good, to have obtained from you a license to infringe the laws? But why need I speak of ancient times? Consider the men of your own day, and see if any of them has ever been so outrageous. You will not find one, if you look closely into the matter. Let me further observe when any one prefers an indictment to the Judges against a law or a decree, the law or decree is invalid, and the proposer or mover makes no impudent resistance, but acquiesces in what you decide, even though he is the most powerful orator or most able politician among you. Is it not monstrous then, that what your whole assembled body has voted according to the laws should be invalid, yet that Aristogiton's inclination to break the laws should, with your consent, have greater effect than the laws themselves? Againwhen any prosecutor has failed to get a fifth part of the votes, in those cases in which the laws declare that he shall not