Against Ctesiphon (6-10)

There are, as you know, fellow-citizens, three forms of government in the world tyranny, oligarchy, and democracy. Tyrannies and oligarchies are administered according to the tempers of their lords, but democratic states according to their own established laws. Let no man among you forget this, but let each bear distinctly in mind that when he enters a court-room to sit as juror in a suit against an illegal motion, on that day he is to cast his vote for or against his own freedom of speech. This is why the lawgiver placed first in the jurors’ oath these words, I will vote according to the laws. For he well knew that if the laws are faithfully upheld for the state, the democracy also is preserved.

This you ought always to remember, and to hate those who make illegal motions, and to hold no such offence as trivial, but every one as serious indeed. And you ought to let no man rob you of this right of yours, whether through the intercession of the generals, who by their cooperation with certain public men have this long time been outraging the constitution, or through petitions of foreigners, whom some bring in here, and so escape the courts, when their whole political career has been in defiance of the laws. But as each man of you would be ashamed to desert the post to which he had been assigned in war, so now you should be ashamed to desert the post to which the laws have called you, sentinels, guarding the democracy this day.

And another thing you have to remember: today your fellow citizens as a body have put the city and the constitution into your hands as a solemn trust. Some of them are present, listening to this case; others are absent, busy with their personal affairs. Respect them therefore, and remember the oaths which you have sworn, and the laws; and if I convict Ctesiphon of having made a motion that is illegal, false, and injurious to the state, annul the illegal motion, fellow citizens; confirm the democratic government for our state; punish those whose policies are opposed to the laws and to your interests. If in this spirit you listen to the words which are about to be spoken, I am sure that your verdict will be just, faithful to your oath, and salutary alike to yourselves and to the commonwealth.

I hope now that what I have said is a sufficient introduction to my complaint as a whole but I wish to speak briefly about the laws themselves which govern the rendering of account by public officers, the laws which are in fact violated by Ctesiphon’s resolution.

In former times certain men who held the highest offices and administered the revenues—yes, and betrayed their every trust for money—would attach to themselves the public speakers of the senate-house and the assembly, and thus anticipate their day of accounting long in advance, with votes of thanks and with proclamations. The result was that when the time came for them to render their account, those who had charges to prefer fell into very great embarrassment, and this was even more the case with the jurors.

For great numbers of those who were subject to audit, though they were caught in the very act of stealing the public funds, went out from the court-room acquitted. And no wonder! For the jurors were ashamed, I imagine, to see the same man in the same city one day proclaimed at the festival as crowned by the people with a golden crown because of his virtue and justice, and then a little later to see the same man come out of the auditors’ court convicted of theft. And so the jurors were forced to render,