Books: The Orations of Lysias
L >>
Lysias >> The Orations of Lysias
Pages:
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 | 10 |
11
15. I should not have spoken of these matters, had I not seen that he
would try to get himself off with justice on his side as being a friend
of the people, and that he would instance his exile as a proof of his
good-will to the people. But I, too, can show others of those who joined
in the plot against the democracy who have been put to death, some, in
exile, others deprived of civil rights, so he can have no credit for
this. 16. For he contributed some part in exiling you, and it was the
democracy which was the cause of his return. And it will be strange if
you thank him for what he suffered against his will, and do not punish
him for the wrongs he committed voluntarily.
17. And I hear that he says I am impious in abolishing sacrifices. If I
had made the laws about the copying, I think Nicomachus might have made
the charge against me; but now I claim his obedience to the common
established laws. And I wonder if he does not remember, when he claims I
am impious, and says the sacrifices must be made which are ordered on the
tablets and pillars according to the summaries, that he accuses the city
as well; for you voted on these things. Then if you think this is hard,
then you must think those men did wrong who used to sacrifice by the
tablets alone. 18. But truly, gentlemen of the jury, one should not learn
about piety from Nicomachus, but consider the facts. Our ancestors who
sacrificed by the tablets made this the largest and most prosperous of
the Greek cities, so it is right for you to perform the same sacrifices
as they, if for nothing else, for the sake of the good fortune which
resulted from those sacrifices. 19. How could any one be more pious than
I who sacrifice first according to my family customs, then as befits the
state, then what the people vote and we can pay for from our revenues.
But you, Nicomachus, have done just the opposite; for by writing more
than was prescribed you caused the revenues to be spent for these, and
left nothing for the hereditary sacrifices. 20. For example, last year
there were omitted sacrifices worth, three talents of those due on the
tablets. And it is not possible to say the city appropriations would not
have been sufficient; for if he had not copied more by six talents, there
would have been enough for the hereditary sacrifices, and the city would
have had three talents left over. I will bring witnesses as to what has
been said.
WITNESSES.
21. Remember now, gentlemen of the jury, that when we sacrifice according
to the summaries, all the hereditary sacrifices are being attended to,
and when according to his copy, many of the sacrifices are omitted. Yet
this sacrilegious fellow runs around, saying that he copied for piety,
not economy, and this does not suit you, he says to strike it off, and
from this thinks to persuade you that he commits no offense, a man who
spent in two years twelve talents more than he ought, and tried to get
six talents a year out of the city, (22) and this, too, when he saw the
state embarrassed for funds, the Spartans threatening us when we did not
send money, the Boeotians making reprisals on us because we could not pay
two talents, the docks and the walls in need of repair. He knew, too,
that the Boule of the time being when it has sufficient money for
managing affairs does not fail, but when it is embarrassed, it is forced
to admit impeachments, and to confiscate the property of citizens, and to
follow the advice of those speakers who give the worst counsel. 23.
Gentlemen of the jury, it is not right to blame those who happen to be
members of the Boule at each session, but those who bring the state into
such difficulty. Those who desire to plunder the state are interested to
see how Nicomachus will come out; if you do not punish him, you will
render them fearless; and if condemning him you shall punish him with
death, by the same vote you will make the rest better, and exact the
penalty from him. 24. And you should know, gentlemen of the jury, that it
will be a warning to others not to dare to wrong you, not because you
punish those who are not eloquent, but as you punish those who are. For
who in this city is more liable to punishment than Nicomachus? Who has
done less good or more harm to the city than he? 25. He, who, appointed
commissioner of laws relating to private life and religious duties,
tampered with both. You remember to have put many citizens to death for
embezzlement. Yet they injured you only so much as for the time being,
but this man, while transcribing the laws and making gain of the sacred
money, injures the state for all time.
26. And why should any one acquit him? On the ground of his being a man
brave against the enemy in many land and naval battles? But while you
sailed off and risked yourselves, he remained here and tampered with the
laws of Solon. Because he has spent his money, and many, many
contributions? But he never gave you anything, but took much of your
revenue. 27. On account of his ancestry? For some formerly were pardoned
by you on this account. But this man should die on his own account, and
be sold as a slave on theirs. But that he will pay you if you spare him?
He who has no remembrance of your former favors to him. For from a slave
he became a citizen, from a pauper a rich man, from an under-copyist a
commissioner. 28. One could accuse you that your ancestors chose as
lawgivers a Solon, a Themistocles, and a Pericles, thinking that the laws
would be like those who proposed them, while you (chose) a Tisamenus, son
of Mechanion, and a Nicomachus, and other under-clerks; and you think
offices are degraded by such men, and yet trust in them. 29. Here is the
strangest thing of all; the same man may not be under-clerk twice in the
same year, but you allow the same men to be in charge of the most
important matters for a long time. And finally you chose Nicomachus
commissioner of traditional laws, who has no part in the state on his
father's side. 30. And the very one who ought to have decided for the
people plainly joined in the plot against the democracy. Now you should
regret what you have done, and not endure continuous injury at their
hands, nor merely in private charge offenders, and then acquit them when
you can punish them.
31. I have said enough of these matters, but I wish to say a few words
about those who intend to beg him off. There are some ready to plead for
him, both of his friends and those who manage state affairs. I am sure
some of these would do better to defend their own deeds than to go out of
their way to save offenders. 32. And I think it remarkable, gentlemen of
the jury, that they have not tried to persuade him, a man standing by
himself, and in no way wronged by the state, that he must cease injuring
you, but they are seeking to persuade you, who are so many and have been
wronged by him, that you need not exact a penalty from him. 33. So, as
you see these trying to save their friends so zealously, you should
likewise punish your enemies, well knowing that these first of all will
think you better men when you punish offenders. And bear in mind that
neither Nicomachus nor any of his helpers has ever aided the state as
much as he has wronged it, so that you have much more reason to punish
him than to aid them. 34. These same men must realize that by entreating
the accusers they in no way persuaded us, but have entered the court to
tamper with your votes, and they hope by deceiving you to gain the
liberty for the future of doing whatever they wish. 35. We refused to be
bribed by them, and we call on you for the same, and hate baseness merely
before the trial, but during the trial punish those who degrade your
legislation. For in this way everything in the state will be managed in
accordance with law.
ORATION XXXL.
AGAINST PHILON.
1. Until now I believed, gentlemen of the Boule, that Philon would not
come to such a point of daring, as to bring himself to appear before you
for examination; but as he is audacious, not in one thing but many, and I
have come to the council-house after taking oath to legislate for the
state in the best possible way, (2) and it is contained in the oath (that
one should) declare it if he knows that a man chosen for office is not
fit to consult for the state, I will make this accusation against this
Philon here, not indeed because I follow up any private enmity, nor
rising among you because I am able and accustomed to speak, but realizing
(trusting in) the number of his crimes, and believing I must be faithful
to the oaths I have taken. 3. You will know that I am not so well
prepared to bring proof against him as he was (when) he entered on his
course of crime. Yet if I should omit some point in the accusation, he
ought not justly to benefit from this, but rather should be rejected on
ground of whatever I prove satisfactorily. 4. For I shall speak
insufficiently on account of my lack of acquaintance with all he has
done, but adequately so far as the evil goes which attaches to him. But I
beg you, as many of you as are better speakers than I, to declare that
his sins are (even) greater, and out of what I leave unsaid you are to
accuse Philon about what you yourselves know. For you should decide upon
his character not alone from what I may say.
5. For I mean that it is not right for any to legislate for us, except
those who besides being citizens are really interested in being such. For
with such the difference is great between a prosperous and an
unsuccessful condition of this state, because they think they must bear
their share of evil as well as good. 6. But as many as are citizens by
birth, but believe that the whole earth is their country in which they
have property, it is evident that these would disregard the common
welfare of the state, and turn their attention to their personal
advantage, because they consider not the state, but their property their
country. 7. So I will show that this Philon has cared more for his
personal safety than for the common danger of the commonwealth, and that
he thinks it better for him to live his life without danger than for the
state to be in safety, even while endangering other citizens.
8. When misfortune came to the state, members of the Boule,--I will
mention this only as far as is necessary,--this man was drafted from the
city by the Thirty with the rest of the citizens and for a time lived
outside, but when the party from Phyle marched on the Piraeus, and men
from the country as well as those in exile joined forces either in the
town or at the Piraeus, and brought what aid each could to his country,
this man took just the opposite course from the rest of the citizens. 9.
For he packed up his possessions and went into a country not his own, and
paid the alien's tax in Oropos and lived under a patron, preferring to be
an alien there rather than be a citizen with us. Then, not like some of
the citizens who changed parties when they saw the men from Phyle were
successful in their attempts, did he claim to share in their successes,
but he wished to come after all was over rather than come with them and
unite in what was for the common advantage of the state. For he did not
come to the Piraeus, nor offer himself to you to be appointed for
military duty. 10. And while he dared betray us in our success, what
would he have done, if we had been unsuccessful? Those who did not share
in the risk to the state through some personal misfortune, should be
excused, for such failure is involuntary; (11) but those who pursued this
course of action on purpose are not to be pardoned, for they did so, not
through misfortune but by design. And it is agreed by all men that for
the same trespasses we should be most of all angry at those who are
perfectly able not to commit a wrong, but excuse those who are poor or
infirm, because we consider they sin involuntarily. 12. But this man
should have no excuse; for he is neither a cripple and so unable to work,
as you see, nor (unable) to contribute money as if poor, as I shall show.
How should not a man be hated with reason by you if he put the same
energy into being wicked that he might have used aiding you? 13. And you
will not incur the hatred of any of the citizens by rejecting this man;
for he evidently betrayed not one party, but both, so that it appears he
is not liked either by the city party,--for he did not consent to go
into danger with them--nor by those who took the Piraeus,--for he would
not move with them. 14. If then any of the citizens are left over who had
the same experiences as his, let him claim to legislate in their company,
if they ever,--which Heaven forbid,--take the state.
So that he took up his residence in Oropos under a patron and gained
sufficient property, and neither took arms in the town nor in the
Piraeus, that you may know that these first things which I affirm are
true, hear the witnesses.
WITNESSES.
15. Then it remains for him to say that he was incapacitated through some
weakness of body from helping against the Piraeus, but that he offered
from his resources either to give money to the majority of you or to arm
some of his fellow-citizens, just as other citizens (do) who are unable
to serve personally. 16. That it may not be possible for him to deceive
us by lying, I will show you plainly about this too, since it will not be
possible for me afterwards to convict him, if I pass this by. Now call
for me Diotimus of Acharnae, and those chosen with him to arm the
citizens from the money contributed.
EVIDENCE or THOSE CHOSEN WITH DIOTIMUS.
17. This man then did not think how he might benefit the state in so
critical a condition of the state, but made every preparation to make
some gain from your misfortunes. For he started at Oropos at one time by
himself, and at another at the head of men to whom your bad fortune was a
series of benefits, (18) and went about through, the country and met the
older citizens who remained in their demes with few possessions, and
those the bare necessities, men who were in sympathy with the government,
but were incapacitated for active service on account of their age, and he
robbed these men of their goods and thought nothing of wronging them if
he could gain even a little. These men are now unable to prosecute him
for the very reason which kept them from aiding the state then. 19. So it
is not right that he should gain advantage twice from their inability,
once when he robbed them of their possessions, and now while under
examination at your hands. But if any one of those wronged shall come,
consider it a great point, and feel the greatest hatred for this man, who
dared to rob of their goods the very men whom other men through pity have
chosen as objects of charity. Call me the witnesses.
WITNESSES.
20. I do not know why you should feel differently about him from his
relatives. For (their feelings) are such that if he had done no other
wrong, it would be right to refuse him the examination on account of them
alone. I will pass over the accusations which his mother made during her
life. It is easy for you to infer from what she did at the close of her
life, how her son conducted himself towards her. 21. For she did not dare
trust herself to him at death, but gave to Antiphanes who was not a
relative, but whom she trusted, three minae of silver for her burial,
disregarding her own son. So is it not evident that she knew well that he
would not do his duty even to a relative? 22. Then if a mother, who
naturally endures the wrongs put upon her by her children and thinks she
has great returns from them even if they render only a slight service,
because she judges what happens rather by her natural mother-love than by
any cold-blooded standard, (if she then) thought her son would rob her at
death, what should be your judgment about him? 23. For what would a man
do to those who were not connected with him if lie commits such offenses
against his own relatives? That this is true, hear the man who took the
silver and buried her.
EVIDENCE.
24. How then could you allow him to pass? As if he had done no wrong?
But he has been guilty of the greatest offenses against his country. That
he will improve? Then let him improve first and afterwards go into
political life; after he has done something as manifestly good as his
evil deeds were bad in the past. It is more prudent to show gratitude for
all his deeds, for it seems to me a dreadful thing if he shall escape
punishment for his past offenses and be rewarded for his good intentions.
25. But perhaps he should be examined that the citizens may be nobler if
they see all honored alike! But there is danger that if the good see the
bad held in equal honor they will cease from their upright mode of life,
thinking it is the same thing to honor bad men and pass by the good. 26.
But this is to be remembered, that if any one betrays a stronghold or
ships or a camp, in which there chance to be any citizens, he receives
the extreme penalty, while this man who betrayed the whole city is
planning not for punishment but for reward. So one who betrayed freedom
as evidently as this man did would justly be contending not for political
office, but against slavery and the greatest penalties.
27. But I hear that he says that if it was wrong that lie was not at hand
at that time, that a law would have expressly stated it, as about other
transgressions, For he does not think you will know that no law was
written about it on account of the enormity of the offense. For what
statesman ever thought of such a thing, or what lawgiver ever supposed a
citizen would commit such an offense? 28. For I suppose we are to think
if a man left the ranks not while his country was in danger, but while
she was acting on the offensive, that a law would be framed which
condemned him as guilty, but if he left the ranks while his country was
in danger, the law would not be framed. The fact is that such a law would
have been made, if any one had supposed that a citizen would commit such
a deed. 29. But who would not justly blame you if you reward the metics
for aiding the state as they were expected to, but do not punish this man
for betraying the state contrary to what was expected of him, if not by
some greater penalty, at least by the present dishonor? 30. But call to
mind the reasons which lead you to honor those men who were brave in
relation to the city and to punish those who were not. For both these
lines of conduct were followed as a sort of warning, not so much for the
past as for the future, that men may become good for some good reason,
and by no means attempt to be bad. 31. And besides, think how this man
would probably regard his oaths, if he actually betrayed his country's
gods. Or how would he make any useful law for the constitution, if he
wished his country to be deprived of her freedom? Or how would he keep
secret engagements, if he thought it right to disregard the regularly
appointed ones? How can it be probable that this man who never entered
danger even behind others, should be foremost in action and so now be
worthy of honor? But it would be a shame, if he cared nothing for all the
citizens while he is the one man whom you do not reject.
32. But I see some who now are in readiness to help him and beseech you,
since they cannot persuade you; but then, when yours were the dangers and
struggle and the prize was the democracy, and when you had to take
counsel not merely for legislation, but for freedom, then they did not
ask him to aid you and the commonwealth, and not betray the country and
the senate in which he now claims a seat, though he has no share in it
since others did the work. 33. Members of the Boule, he should not be
angry if he does not obtain this honor; for it is not you who dishonor
him, but he robbed himself at the time when he did not think it best to
establish himself among you as if contending for the senate as zealously
as he now comes as a candidate.
34. I think I have said enough, though leaving much unsaid. But I trust
that you yourselves will know without anything more what is for the
interest of the state. For you need not take any evidence but your own
about those who are worthy to legislate, as many of you as have passed
the examination for the state. For his conduct is an unprecedented
warning and contrary to all democracy.
ORATION XXXIL.
DIOGEITON.
1. If the points in dispute, gentlemen of the jury, were not great, I
should not have allowed these to come to you to court, believing it a
disgrace to have differences with one's relatives, and knowing that both
such offenders seem to you to be all the worse, and those who cannot bear
to be ill-treated by their relatives. But then, gentlemen of the jury,
these have been defrauded of much money, and have suffered terribly at
the hands of those for whom it was least proper, and they have appealed
to me, their brother-in-law, and so I must speak in their behalf. 2. I
married their sister, a granddaughter of Diogeiton, and having asked both
of them many times, at first I persuaded them to entrust the case to
friends, thinking it important that outsiders should not know of their
affairs. But when Diogeiton could not bring himself to trust to any of
his friends (to decide) about that which he had plainly been proved to
hold, but preferred to defend suits, and to bring them if they were not
brought (against him), and to run the greatest risks rather than by doing
justice be rid of the charges in regard to them, (3) I beg of you, if I
shall prove that they were treated under the guardianship of their
grandfather worse than any one ever was in the city even by those not
related, (I beg of you) to assist them to get justice, and if I do not
prove it, trust him in everything, and believe me wrong here-after. I
will try to tell you the whole story.
4. There were (two) brothers, gentlemen of the jury, Diodotus and
Diogeiton, with the same father and mother, and they divided the ready
money, and shared in the real estate. Now Diodotus made much money in
business, and Diogeiton persuaded him to marry his only daughter, and
they had two sons and a daughter. 5. Some time after this, Diodotus,
having enlisted with Thrasyllus in the infantry, called his wife, who was
his niece, and her father, who was his own father-in-law and son of the
same father, the grandfather and uncle of his little ones, and thinking
on account of these ties he could entrust his children to no one's care
more fittingly, he made a compact with him, and deposited with him five
talents of silver. 6. And he showed lent out on bottomry seven talents
and forty minae, and two thousand (drachmae) invested in the Chersonesus.
And he provided in case of his death a talent to be given to his wife
together with the household goods, and a talent to his daughter. And he
left for his wife twenty minae and thirty Cyzicene staters. 7. After
doing this, and leaving schedules at home, he went to join Thrasyllus.
And when he died in Ephesus, Diogeiton concealed his death from his
daughter, and took the documents which he had left sealed, claiming that
he must collect by these papers the money lent out on bottomry. 8. And
when after a time he told them of his death, and they had performed the
customary rites, for the first year they lived in Piraeus, for their
store of provisions had been left there. But when these began to give
out, he sent the sons up to the city, and married off their mother,
giving her (as dowry) five thousand drachmae, a thousand less than her
husband had appointed for her. 9. Eight years after this the elder of the
boys passed his examination (_became a citizen_), and Diogeiton
summoned them and said that their father had left them twenty silver
minae and thirty staters. "So I have spent much of my own property for
bringing you up. And as long as I had money, it made no difference to me;
but now I myself am short of funds. So you, as you are of age and have
become a citizen, are to look out to get your own living." 10. After they
heard this they were surprised, and went weeping to their mother, and
taking her with them they came to me, feeling terribly bitter because of
their trouble, and (really) miserably turned out of doors. With tears
they called on me not to allow them to be cheated out of their
inheritance and made paupers, cruelly treated by one who ought least of
all (to have done it), but to aid them both for my wife's sake and their
own. 11. It were a long story to tell you the sorrow in my house during
that time. Finally their mother begged and entreated, me to bring
together her father and their friends, saying that, although formerly
unaccustomed to speak before men, the magnitude of her misfortunes
compelled her to declare to us all their miseries. 12. And in my
indignation I went to Hegemon who had married the daughter of this
(Diogeiton), and I went into the matter with other interested persons,
and summoned him (_Diogeiton_) to an examination on what he had
done. At first Diogeiton was unwilling, but at last was compelled by his
friends. And when we had assembled, the woman asked him in what possible
spirit (_how he had the heart to_) he had treated the boys so,
"being (as you are) their father's brother, my father, and both uncle and
grandfather to them. 13. And if you feel no shame before men, you ought
to fear the gods," she said, "for when he sailed away you took five
talents which he had deposited (with you). And for (the truth of) these
things, I am willing to imprecate my children, both these and those I
have had later, wherever you may please. Truly I am not so wretched nor
think so much of money as to die having sworn falsely on my children, and
take away unjustly the property of my father." 14. Then she proved that
he had received seven talents four thousand drachmae, and she showed the
accounts of this. For in changing residence, when he moved from Collytus
to the house of Phaedrus, the boys found an account-book which had been
thrown away, and brought it to her. 15. This proved that he had received
a hundred minae loaned out on interest on a mortgage, and two thousand
drachmae, and valuable furniture; also there came in every year corn from
the Chersonesus. "And then did you go so far," she said, "with so much
money in your possession, as to say that their father left (only) two
thousand drachmae and thirty staters, the very amount which I inherited
at his death and gave over to you? 16. And you even thrust out of their
own house these grandsons of yours, thinly clad, barefooted, without an
attendant, without beds, without cloaks, without the furniture their
father had left them, without the deposit he entrusted to you. 17. And
now you are supporting at great expense the children of my stepmother,
happy children; and in this you do well, but you are wronging my
children, whom you have driven from the house, and try to make out that
they are poor instead of rich. And in such deeds you neither fear the
gods, nor are ashamed before me, your daughter, who understand you, nor
do you remember your brother, but care for your brother more than
everything else." 18. Then, gentlemen of the jury, as so many dreadful
charges were made by this woman, all of us who were present were greatly
affected by what he had done, and by her words, as we saw what the boys
had suffered, and realized how unworthy a guardian of the property the
dead had left. Then feeling how difficult it was to find a worthy person
to entrust one's affairs to, no one of those present, gentlemen of the
jury, could speak, but went off in silence, weeping no less than the
sufferers. So first let the witnesses come in.
Pages:
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 | 10 |
11