Against Aristocrates (96-100)

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.

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.

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.

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.

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.