[31,140] ἀλλ´ ἔγωγε φαίην ἄν, ὁμολογουμένου τοῦ μηδαμῶς δεῖν μηδὲν ἄδικον πράττειν μηδὲ ἀπρεπές, παρ´ οἷς ἂν νόμῳ γίγνηται τὸ τοιοῦτον, ἥττονα {ἂν} ἔχειν κατηγορίαν ἢ παρ´ οἷς ἂν κατὰ ἔθος. πρῶτον μὲν γὰρ ὁ νόμος ῥητός ἐστι, καὶ οὐκ ἄν ποτε γένοιτο χείρων· οὐ γὰρ ἔστιν οὔτε ἀφελεῖν οὔτε προσθεῖναι τοῖς γεγραμμένοις· τὸ δέ γε ἔθος, ἂν ᾖ φαῦλον, ἀνάγκη καὶ φαυλότερον ἀεὶ γίγνεσθαι τῷ μὴ κατειλῆφθαι μηδὲ ὡρίσθαι. (31,141) λέγω δ´ οἷον εὐθὺς τοῦτό φασι τὴν ἀρχὴν λαβεῖν ἀπὸ τῶν συντετριμμένων καὶ οὐδὲ ἐφεστώτων ἔτι ταῖς βάσεσι· τούτοις γὰρ ἀποχρῆσθαι τοὺς στρατηγοὺς ἐπισκευάζοντας καὶ τρόπον τινὰ ἐξ ἀρχῆς ποιοῦντας ἑτέρους, εἶθ´, ὅπερ λοιπόν, τοὺς ὑγιεῖς μέν, οὐκ ἔχοντας δὲ ἐπιγραφάς, ἐπιγράφεσθαι· καὶ τὸ λοιπὸν ἤδη καὶ τῶν ἐπιγεγραμμένων τινὰς τῶν σφόδρα παλαιῶν· ἔστω γὰρ ὃ λέγουσιν ἀληθές· εἰς ὕστερον ἀνάγκη μηδεμίαν εἶναι διάκρισιν· καὶ γὰρ ἐπὶ τῶν ἄλλων οὕτως ἔχει, δαπάνης, ἀκοσμίας, τρυφῆς· (31,142) οὐδέποτε τῶν χειρόνων ἐθῶν οὐθὲν εὑρήσετε ἱστάμενον οὐδὲ διαμένον, ἕως ἂν παντάπασι κωλυθῇ. διὰ γὰρ τὸ δέχεσθαι πρόσθεσιν ἀεὶ καὶ τὸ παρὰ μικρὸν ἀνεξέλεγκτον εἶναι καὶ μηδενὶ φαίνεσθαι ῥᾳδίως, ὅσῳ τοῦτο ἐκείνου κάκιον, ἐπὶ πᾶν πρόεισιν, ὥσπερ οἶμαι καὶ τῶν ἑλκῶν τινα καὶ τῶν νοσημάτων ὅσα ἐξ ἅπαντος αὔξεσθαι φύσιν ἔχει. πρὸς τούτῳ δὲ κἀκεῖνό ἐστιν· οἱ μὲν νόμῳ τι πράττοντες πονηρὸν οὐχ ὡς τοιοῦτον αὐτὸ πράττουσιν, ἀλλὰ ἐξηπατημένοι· τοὺς δὲ ἔθει φαῦλα ποιοῦντας ἅπαντες ἂν φαῖεν εἰδότας ἁμαρτάνειν, ἅ γε μηδ´ αὐτοῖς ἐπιτήδεια εἶναι γεγράφθαι δοκεῖ. (31,143) μὴ τοίνυν εἰ πρότερον ἤρξατο καὶ χρόνος πλέων γέγονε, διὰ τοῦτο ἔλαττον ὑμῖν νομίζετε προσήκειν αὐτὸ ἀνελεῖν· οὐδὲν γὰρ ἥττονα αἰσχύνην ὄφλουσιν οἱ φυλάττοντες τὰ τοιαῦτα τῶν παραδεξαμένων, ἀλλὰ τοὐναντίον μᾶλλον ὑπόκεινται τοῖς βουλομένοις αἰτιᾶσθαι. τὸ μέν γε πρῶτον γιγνόμενον οὐδὲ λαθεῖν ἀδύνατον τοὺς τότε, καὶ ταῦτα φυλαττομένων ἔτι τῶν ποιούντων· τὸ δὲ ἐκ πολλοῦ συμβαῖνον ἀνάγκη μηδένα ἀγνοεῖν, ἄλλως τε παντελῶς ἀνῃρημένης ὑμῖν τῆς προφάσεως ταύτης, οἵ γε περὶ αὐτοῦ τούτου κάθησθε κρίνοντες. ὥσπερ οὖν εἰ ἄρξασθαί τινος ἔδει τῶν καλῶν ὑμᾶς, οὐκ ἂν ὠκνεῖτε διὰ τοῦτο, ὁμοίως εὐλόγως ἔχει, κἂν λῦσαί τι τῶν φαύλων δέῃ. (31,144) μὴ τοίνυν ὁ χρόνος ὠφελείτω τὸ ἔθος, εἴπερ ἐστὶ μοχθηρόν, ὡς πάλαι νομίζω πεποιηκέναι φανερόν. οὐ γὰρ εἰ πολὺν χρόνον ἔβλαψεν ὑμᾶς, διὰ τοῦτο οἶμαι προσήκειν αὐτὸ μηδέποτε παύσασθαι βλάπτον. οὐδὲ γὰρ ἄνδρα μοχθηρὸν ἐκ πολλοῦ λαβόντες ἀφήσετε τοῦ χρόνου χάριν οὗ διῆλθε πονηρὸς ὤν. οὐδέ γε εἴ τις νόσον ἰάσασθαι δύναιτο ἐνοχλοῦσαν πάλαι, φείδοιτ´ ἂν ἐξ ἀρχῆς ὑγιαίνειν. (31,145) οἶμαι δ´ ὑμᾶς, εἴ τις θεῶν φανερὸν ὑμῖν ποιήσειε τὸ μέλλον αὖθίς ποτε λυπήσειν τὴν πόλιν, πάντως φυλάξεσθαι τοῦτο, ἐν ὑμῖν γε ὄν· εἶτα τοῦ μὲν ἑτέρους βλάψοντος οὐκ ἀμελήσετε, ἐπειδὴ μετὰ ταῦτα ἔσται· τὸ δὲ ὑμᾶς αὐτοὺς τὰ μέγιστα ἀδικοῦν ἐάσετε, ὅτι πρότερον ἤρξατο; τουτὶ μὲν οὖν παντελῶς εὔηθες, εἴ τις οἴεται μηδέποτε δεῖν κωλῦσαι τὸ συνήθως μέν, ἀτόπως δὲ γιγνόμενον. (31,146) ἀξιῶ δ´ ὑμᾶς ἐκεῖνο ἐνθυμηθῆναι μᾶλλον, ὅτι πολλῶν ὄντων κατὰ τὴν πόλιν, ἐφ´ οἷς ἅπασιν εὐλόγως σεμνύνεσθε, πρῶτον μὲν τῶν νόμων καὶ τῆς εὐταξίας τῆς περὶ τὴν πολιτείαν, ἐφ´ οἷς καὶ μάλιστα φιλοτιμεῖσθε, ἔπειτα οἶμαι καὶ τῶν τοιούτων, ἱερῶν, θεάτρων, νεωρίων, τειχῶν, λιμένων· ὧν τὰ μὲν πλοῦτον ἐμφαίνει καὶ μεγαλοψυχίαν καὶ τὸ μέγεθος τῆς πρότερον δυνάμεως, τὰ δὲ καὶ τὴν πρὸς τοὺς θεοὺς εὐσέβειαν, οὐθενὸς ἧττον ἥδεσθε ἐπὶ τῷ πλήθει τῶν ἀνδριάντων, (31,147) εἰκότως· οὐ γὰρ μόνον κόσμον φέρει τὸ τοιοῦτον, ὥσπερ ἄλλο τι τῶν ἀναθημάτων, ἀλλὰ καὶ τὴν ἰσχὺν τῆς πόλεως οὐχ ἥκιστα ἐπιδείκνυσι καὶ τὸ ἦθος. οὔτε γὰρ εὖ πάσχουσιν ὑπὸ πολλῶν οἱ τυχόντες οὔτε θέλουσιν οὔτε ἴσως δύνανται πολλοὺς τιμᾶν. ἔτι δὲ κἀκεῖνό ἐστιν· οὐ γὰρ μόνον διὰ τοῦτο πλείστους εἶναι παρ´ ὑμῖν ἀνδριάντας {τοῦτο} συμβέβηκεν, ἀλλ´ οἶμαι καὶ διὰ τὸ Ῥωμαίους πολλάκις πανταχόθεν εἰληφότας κατασκευὴν ἱερῶν καὶ βασιλείων μηδέποτε κινῆσαι τῶν παρ´ ὑμῖν μηδέν· (31,148) ὅπου καὶ Νέρων, τοσαύτην ἐπιθυμίαν καὶ σπουδὴν περὶ τοῦτο ἔχων, ὥστε μηδὲ τῶν ἐξ Ὀλυμπίας ἀποσχέσθαι μηδὲ τῶν ἐκ Δελφῶν, καίτοι πάντων μάλιστα τιμήσας ταῦτα τὰ ἱερά, ἔτι δὲ τοὺς πλείστους τῶν ἐκ τῆς ἀκροπόλεως Ἀθήνηθεν μετενεγκεῖν καὶ τῶν ἐκ Περγάμου πολλούς, αὐτῷ προσήκοντος ἐκείνου τοῦ τεμένους· περὶ μὲν γὰρ τῶν παρ´ ἄλλοις τί δεῖ λέγειν; τοὺς παρὰ μόνοις ὑμῖν εἴασε, καὶ τοσαύτην ἐπεδείξατο εὔνοιαν καὶ τιμὴν ἅμα πρὸς ὑμᾶς, ὥστε τὴν πόλιν ἅπασαν ἱερωτέραν κρῖναι τῶν πρώτων ἱερῶν. (31,149) ἴστε γὰρ Ἄκρατον ἐκεῖνον, ὃς τὴν οἰκουμένην σχεδὸν ἅπασαν περιελθὼν τούτου χάριν καὶ μηδὲ κώμην παρεὶς μηδεμίαν, ὡς κἀνθάδε ἧκε. λυπουμένων δ´ ὑμῶν, ὅπερ εἰκός, κατὰ θέαν ἔφη παρεῖναι· μηδὲ γὰρ ἔχειν ἐξουσίαν μηδενὸς ἅψασθαι τῶν ἐνθάδε. τοιγαροῦν δίχα τοῦ κοινοῦ τῆς ὄψεως κόσμου καὶ δόξαν ὑμῖν ἑτέραν περιποιεῖ τὸ τῶν εἰκόνων πλῆθος. τῆς γὰρ πρὸς τοὺς ἡγουμένους φιλίας καὶ τῆς παρ´ ἐκείνων ἐντροπῆς ἀπόδειξις φαίνεται ταῦτα.

[31,140] But as for me, I would say that, while it is agreed that one should by no means do any unjust or unseemly act, yet among peoples where such acts are under the control of law there would be less cause for reproach than among people where they are regulated by custom. For, in the first place, the law is explicit and can never become worse, since it is not possible either to take away from or add to its written terms; whereas the custom, if it is a bad one, must necessarily become steadily worse because it is not clearly apprehended or defined. 141 I mean, for instance, the case we now have before us: they tell us that this practice began with the statues that were broken and not even standing on their pedestals; it was these that the chief magistrates used after repairing them and in a way making them altogether different; then the next step was that those which were well preserved but bore no inscriptions were inscribed; and at last came the taking of some statues which did have inscriptions on them, provided they were very old. Well, let us assume that their statement of the case is true. In the future there will necessarily be no distinction made at all — for this is the way it is with all other evils, such as extravagance, disorderly conduct, luxury — 142 you will never find any really bad custom halting or remaining stationary until it (p147) is utterly suppressed. For because it continually receives some accretion and because a gradual process is almost impossible to detect and does not readily become perceptible to anyone, inasmuch as the present state is worse than the former it goes on to extremes as, I believe, is the case with some ulcers and all those diseases whose nature it is inevitably to get worse. Then there is this further consideration — that those who do anything which the law makes wrong, do it, not as being such, but under a misconception, whereas with those who do things which custom regards as base, would one and all admit that they sin deliberately, those acts being of such a kind that even the perpetrators themselves think they are not fit to be forbidden by an enactment. 143 Moreover, just because the practice began some while ago and considerable time has elapsed, do not for this reason consider that it is any the less your duty to get rid of it; for those people who perpetuate such practices as this incur no less disgrace than those who first allowed them; nay, on the contrary, they are more exposed to the attack of any who wish to censure. When the thing was done first, it may well have even escaped the notice of the people of that time, particularly as those who practised it were still cautious about it; but when a thing has been going on for a long time, nobody can be unaware of it; and, besides, that excuse has been completely taken away from you, because you are sitting here passing judgment on this very matter. Therefore, just as if you felt it to be necessary to initiate some honourable usage, you would not hesitate on that (p149) account, so you have every reason now to act with equal readiness if it is desirable to abolish some unworthy practice. 144 Therefore, do not let its antiquity support the custom if it is really a vicious one, as I think I have long since made clear. For I do not think that just because a thing has injured you for a long time it ought never to cease injuring you. For instance, if you take into custody a man who has been wicked for a long time, you will not release him on account of the length of time which he has spent in being a bad man. Nor yet if a person should be able to cure a disease that had long been harassing him, would he count the cost of enjoying good health all over again. 145 And you, in my opinion, if some god should reveal to you a thing that your city was sure to regret some time in the future, would by all means take measures to prevent it, if it lay in your power to do so. Then, while you will of course not neglect guarding against anything that will harm others simply because the injury will be in the future, are you going to give free rein to that which is now doing the greatest injury to yourselves, because it originated in the past? Nay, it is utterly foolish for a man to think that he should never check a practice which, while customary, is nevertheless shocking. 146 I ask you to bear in mind, rather, that, although there are many things about your city on all of which you have a good right to pride yourselves — your laws in the first place, and orderliness of your government (things of which you are wont to boast most), and, in the second place, I imagine, such things also as temples, theatres, shipyards, fortifications, and harbours, some of which give evidence of your wealth and high aspirations and the greatness (p151) of your former power, others of your piety toward the gods — you rejoice no less in the multitude of your statues, and rightly; 147 for not only do such things do you credit just as any of your other dedicated monuments do, but they also more than anything reveal the strength of your city and its character. For it is no ordinary people that receives benefactions from many or that wishes or perhaps has the means to honour many. And note this also — that it is not only because the statues you have here are very great in number that the practice in question has arisen, but also, I think, because the Romans, who have often seized from every land the furnishings of sacred places and of palaces, have never disturbed any of those which you possess. 148 Why, even Nero, who had so great a craving and enthusiasm in that business that he did not keep his hands off of even the treasures of Olympia or of Delphi — although he honoured those sanctuaries above all others — but went still farther and removed most of the statues on the Acropolis of Athens and many of those at Pergamum, although that precinct was his very own (for what need is there to speak of those in other places?), left undisturbed only those in your city and showed towards you such signal goodwill and honour that he esteemed your entire city more sacred than the foremost (p153) sanctuaries. 149 You remember the notorious Acratus, who visited practically the whole inhabited world in this quest and passed by no village even — you recall how he came here likewise, and when you were, quite naturally, distressed, he said he had come to see the sights, for he had no authority to touch anything here. Therefore, apart from the beautiful sight which all the world may enjoy, the great number of your statues brings you a renown of another sort! For these things are manifestly a proof of your friendship for your rulers and of their respect for you.