Against Leocrates (hyp-4)

After the disaster of Chaeronea the Athenian people passed a decree forbidding persons to leave the city or to remove their wives or children. Now a certain Leocrates left the city and, after going to Rhodes and later Megara, returned to Athens. He made no secret of his story and so was accused of treason by Lycurgus. The case must be classified as an instance of contradictory definition, since Leocrates admits that he left the city but denies that he betrayed it. Others class it as an instance of conjecture as to intention, since it is admitted that the accused left the city, while his purpose in leaving it is doubtful: did he wish to be a traitor or only to trade? Others think it an instance of counterplea, since he claims that he left the city not with treasonable intentions but for commerce. The subject matter resembles that of the speech against Autolycus.

Justice towards you, Athenians, and reverence for the gods, shall mark the opening of my speech against Leocrates, now here on trial; so may Athena and those other gods and heroes whose statues are erected in our city and the country round receive this prayer. If I have done justly to prosecute Leocrates, if he whom I now bring to trial has been a traitor to their temples, shrines and precincts, a traitor to the honors which your laws ordain and the sacrificial rituals which your ancestors have handed down,

may they make me on this day, in the interest of the city and its people, a worthy accuser of his crimes; and may you, who in your deliberation now are defending your fathers, wives and children, your country and your temples, who hold at the mercy of your vote one who has betrayed all these things, be inexorable judges, now and in future, towards all who break the laws on such a scale as this. But if the man whom I am now bringing to trial neither betrayed his country nor forsook his city and its temples, I pray that he may be saved from danger by the gods and you, the members of the jury.

Gentlemen, it is a privilege for the city to have within it those who prosecute transgressors of the law, and I could wish to find among the public an appropriate sense of gratitude. In fact the opposite is true, and anyone who takes the personal risk of unpopularity for our common good is actually regarded as an interferer rather than a patriot, which makes neither for justice nor the state’s advantage. For the things which in the main uphold our democracy and preserve the city’s prosperity are three in number:

first the system of law, second the vote of the jury, and third the method of prosecution by which the crimes are handed over to them. The law exists to lay down what must not be done, the accuser to report those liable to penalties under the law, and the juryman to punish all whom these two agencies have brought to his attention. And thus both law and jury’s vote are powerless without an accuser who will hand transgressors over to them.