Against Leptines (156-160)

But Leptines has used a different measure and says that if anyone claims a return from you, he shall be disfranchised, and his property shall be confiscated. There you have two penalties. The process shall be by laying information or by summary arrest; and if he be convicted, he shall be liable under the law which provides for the case of a man holding office while in debt to the treasury. Death is what he means, for such is the punishment in that case. Why, here are three penalties![*] Is it not monstrously hard, Athenians, if it proves more serious in your courts to ask for a return for good service than to be convicted of some heinous crime?

Men of Athens, this law, so dishonorable, so unsound, so suggestive of envy and spite and—I spare you the rest. Those are the sort of things that the framer of the law seems to favor, but you must not imitate them nor display sentiments unworthy of yourselves. I ask you in Heaven’s name, what should we all most earnestly deprecate? What do all our laws most carefully guard against? What but those vengeful murders against which our specially appointed protector is the Council of the Areopagus?

Now Draco, in this group of laws, marked the terrible wickedness of homicide by banning the offender from the lustral water, the libations, the loving-cup, the sacrifices and the market-place; he enumerated everything that he thought likely to deter the offender; but he never robbed him of his claim to justice; he defined the circumstances that make homicide justifiable and proclaimed the accused in such case free from taint. If, then, your laws can justify homicide, is this fellow’s law to forbid any claim, even a just one, to recompense? Not so, men of Athens!

Do not let it appear that you have been more diligent to prevent any of your benefactors from winning a recompense than to suppress murder in your city. Rather, recalling the occasions on which you have repaid the services rendered you, and remembering the inscription of Demophantus, already referred to by Phormio, on which it stands written and confirmed by oath that whoso shall suffer in defence of the democracy shall receive the same reward as Harmodius and Aristogiton, vote for the repeal of this law; for if you do not, it is impossible for you to observe your oaths.

And besides all this, observe a further point. That law cannot be a sound one which deals with the past and the future in the same way. None, says this law, shall be immune save and except the descendants of Harmodius and Aristogiton. Good! Nor shall anyone in future be granted immunity. What! not even if other such benefactors arise, Leptines? If you found fault with the past, can it be that you also foresaw the future?