Hume's Political Discourses — David Hume — John Shaqi
Hume's Political Discourses
David Hume · en
By the γραφη παρανομων, or “indictment of illegality” (though it has
not been remarked by antiquaries or commentators), any man was tried
and punished by any common court of judicature for any law which
had passed upon his motion in the assembly of the people, if that
law appeared to the court unjust or prejudicial to the public. Thus
Demosthenes, finding that ship-money was levied irregularly, and that
the poor bore the same burden as the rich in equipping the galleys,
corrected this inequality by a very useful law, which proportioned the
expense to the revenue and income of each individual. He moved for
this law in the assembly, he proved its advantages,[34] he
convinced the people, the only legislature in Athens, the law passed
and was carried into execution; and yet he was tried in a criminal
court for that law upon the complaint of the rich, who resented the
alteration he had introduced into the finances. He was indeed acquitted
upon proving anew the usefulness of his law.
Ctesiphon moved in the assembly of the people that particular honours
should be conferred on Demosthenes, as on a citizen affectionate and
useful to the commonwealth. The people, convinced of this truth, voted
those honours; yet was Ctesiphon tried by the γραφη παρανομων. It was
asserted, among other topics, that Demosthenes was not a good citizen,
nor affectionate to the commonwealth, and the orator was called upon to
defend his friend, and consequently himself, which he executed by that
sublime piece of eloquence that has ever since been the admiration of
mankind.
After the battle of Chæronea a law was passed, upon the motion
of Hyperides, giving liberty to slaves and enrolling them in the
troops.[35] On account of this law the orator was afterwards tried
by the indictment above mentioned, and defended himself, among other
topics, by that stroke celebrated by Plutarch and Longinus. “It was not
I,” said he, “that moved for this law: it was the necessities of war;
it was the battle of Chæronea.” The orations of Demosthenes abound with
many instances of trials of this nature, and prove clearly that nothing
was more commonly practised.