Books: The Orations of Lysias
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Lysias >> The Orations of Lysias
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ORATION X.
THEOMNESTUS.
1. I think, gentlemen of the jury, that I shall have no lack of
witnesses, for I see many of you sitting on the jury who were present
when Lysithous was impeaching Theomnestus for speaking in the Assembly
when it was illegal, as he had thrown away his shield. In that trial he
said I had killed my father. 2. Now if he had claimed I had killed his
father, I should have overlooked his words, (for I thought him of no
account and insignificant), (3) but now it seems a disgrace not to
punish, a man who said this in relation to my father, who benefited you
and the state so signally. And now I wish to know from you whether he
shall pay the penalty, or whether he alone of the Athenians is allowed to
act and speak illegally just as he pleases.
4. This is my thirty-third year, gentlemen of the jury, and the twentieth
since the restoration (of the Democracy). So I was clearly thirteen years
old when my father died at the hands of the Thirty. At that age I neither
understood what an oligarchy was, nor could I have helped my father under
his unjust treatment. 5. And I could not have had reason to plot against
him for the sake of the money, for my elder brother Pantaleon took
everything and as guardian took our patrimony, so that on many accounts,
gentlemen of the jury, it was for my interest to desire my father's life.
So it is necessary to call these facts to your minds, and I shall need
but few words; you know well enough that I speak the truth. And
nevertheless I will furnish evidence for these facts.
EVIDENCE.
6. Now probably, gentlemen of the jury, he will make no denial of these
facts, but will say before you, as he dared to affirm before the arbiter,
that one does not use a forbidden word in saying some one has "killed"
his father, for the law does not forbid this, but forbids the use of the
word "homicide." 7. But I think that you should make your decision not
about the letter of the law, but its intention. You all know that those
who kill others are homicides, and those who are homicides kill others.
For it would be a great task for a lawgiver to write all the words having
the same signification, but in mentioning one term, his meaning covers
all. 8. This is the case then, is it not, Theomnestus,--if any one called
you a beater of father or mother, you would think he should be punished,
but if any one said you beat your father or mother, you would then think
he should go unfined as saying no forbidden word! 9. For I should like to
hear from you (for in this you are skilled in practice and speech). If
any one should say you "flung away" your shield, and in the law was
written that a man was liable to punishment if any one declares he "threw
it away," would you not have prosecuted him, and would it have been
enough for you to say if some one declared you "flung it away," I do not
care, for _flinging_ and _throwing_ are not the same thing. 10.
Now could you admit the charge as one of the Eleven, if some one brought
in a man on the charge of having stripped off his cloak or shirt but you
would have discharged him because he was not called a "clothesstealer."
And if any one should be caught carrying off a boy, you would not say he
was a kidnapper, if you quibble with terms, and will not pay attention to
the facts to express which terms are invented. 11. Consider this now,
gentlemen of the jury. For this man seems never to have gone to the
Areopagus through indolence and indifference. For you all know that
there, whenever they are conducting a trial for murder, they do not make
their depositions with this term, but with that by which I have been
abused. For the prosecutor makes a deposition that "he killed," the
defendant that "he did not kill." 12. Accordingly it would be absurd to
acquit the one who evidently committed murder because he pleads he is a
murderer, when the prosecutor charges the defendant of "killing." For
what is the difference of which this man speaks? And you yourself brought
suit against Theon for saying you "flung away" your shield. Nothing is
said in the law about "flinging," but if any one declared he has "thrown
away" his shield, it decrees a fine of 500 drachmae. 13. Would it not be
terrible if whenever it were necessary for you to punish your enemies for
slander, for you to interpret the laws as I do now, but whenever you
speak illegally of another, to think you ought not to be punished? Are
you so powerful as to be able to employ the laws as you wish, or have you
such influence as to believe that those whom you wrong will not get a
recompense? 14. Are you not ashamed to have the thought that you should
claim advantages, not from your services to the state, but from your
unpunished deeds? But read me the law.
LAW.
15. I now, gentlemen of the jury, assume that you all know that I speak
to the point, but he is so clumsy that he cannot understand what is said.
So I wish to inform him also from other laws about these things, that
even now while he is on the platform, he may be informed and may give you
no further trouble. Now read me the old laws of Solon.
16. _Law. Let him be bound, in the stocks by the feet, if the court
decrees it in addition._
The "stocks," Theomnestus, is the same thing which is now called the
"pillory." If then a man who has been bound should on his release
complain when the Eleven were undergoing their audit that he had not been
bound in stocks but in the pillory, would they not think him crazy? Read
another law.
17. _Law. Let him give security, having sworn by Apollo, fearing to
escape on account of the penalty._
The (old-fashioned) "swearing falsely" now means "swearing by," and
"running off" is our "escape."
_And whoever shuts a door with a thief inside._
The "close" is our "shut" and means the same.
18. _Money may be at interest at whatever rate the lender wishes._
The "interest," my good friend, is not "weighed," but draws whatever
percent is wished. Read now the last law.
19. _As many as go about in plain view,_ and _He shall be
responsible for injury to a domestic or female slave._
Now attend. The "in plain view" is "openly," the "go about" is "walk the
streets," the "domestic" is "servant." And there are many other such
cases, gentlemen of the jury. 20. And unless this man is stupid, I think
he understands that these matters are the same now as in antiquity, but
that we now employ different terms for them. And he will show (his
consciousness), for he will withdraw from the platform in silence. 21.
And if he does not, I beg you, gentlemen of the jury, to vote what is
just, bearing in mind that it is a much greater evil to hear that one has
killed his father than to hear that he has thrown away his shield. I at
least would rather have thrown away all my shields, rather than to have
such a report (circulated) in relation to my father. 22. So this man,
being liable to that charge, for which the penalty would have been less
(than mine for this), not only was acquitted by you, but brought
disfranchisement upon a witness. And I have seen him doing that which you
know of, and I myself rescued his shield and yet am charged with a deed
so lawless and terrible. Now as I shall have the worst fate if he
escapes, and his penalty if convicted of slander will not be what he
deserves, shall I not obtain satisfaction from him? What charge have you
against me? 23. That there was justice in his accusation? But you
yourselves would not say so. That the defendant is a nobler man and from
nobler family than I? Not even he would claim that. That, having thrown
away my shield, I am accused of libel by the one who rescued it? Such is
not the story about town. 24. But remember that you rendered him that
great favor. In this matter who would not pity Dionysius that he met with
such misfortune, a noble man who fell into danger, coming from the
dicastery, saying (25) that we had made a most unfortunate expedition,
where many lost their lives and others who saved their shields were
convicted of perjury by those who threw theirs away? Were it not better
for him to have died there rather than to come home to such a fate? 26.
So do not pity Theomnestus that he is ill-spoken of as he deserves, and
do not give judgment in his favor while he insults (me) and speaks
illegally. For what greater sorrow could befall me than this, to hear
such base charges in relation to such a father? 27. He often served as
Strategus, and ran many other risks for you. And he was never made
prisoner by the enemy, nor lost a suit to the state through his audit,
and at sixty years of age he was put to death under the oligarchy through
his devotion to the people. 28. Am I not justified in my anger against
the slanderer, and in coming to my father's rescue as if he were
slandered by this charge? For what could be more distressing to him than
this, to die at the hands of enemies and to have the reproach of having
been put to death by his own children. His trophies of valor, gentlemen
of the jury, even now hang on your shrines, but the trophies of the
cowardice of this man (_Theon_) and his father are in an enemy's
temple, so inborn is their baseness. 29. And so, gentlemen of the jury,
the more these are brave to all appearances, the more they deserve our
anger, for they are evidently strong in body, but weak in spirit.
30. I hear, gentlemen of the jury, that he will resort to the argument
that he spoke in anger as I offered the same testimony as Dionysius. Bear
in mind, gentlemen of the jury, that the law gives no pardon to anger,
but fines one who cannot prove the truth of his words. And I twice gave
evidence, not realizing that you punish witnesses and pardon those who
throw away their shields. 31. So about these things I do not know what
more I ought to say. But I beg you to condemn Theon, bearing in mind that
no trial could be more important to me. For I prosecute him for slander
and by the same vote I am acquitted of the murder of my father, I, who by
myself, as soon as I came of age, indicted the Thirty in the Areopagus.
Recalling this, aid me and my father, and (stand by) the laws and the
oaths which you have taken.
ORATION XII.
ERATOSTHENES.
1. It does not seem to me difficult to begin the accusation, jurors, but
to cease speaking; things so important, and so many in number, have been
done by them, that neither by lying could I make the accusation worse
than it really is, nor, if I were willing, should I be able to tell the
whole truth; but it is necessary either for the accuser to grow weary, or
for time to fail. 2. But I think my experience will be just the opposite
of what (it has been) formerly. For formerly it was necessary for the
accusers to show the enmity which they had toward the accused; but now it
is necessary to ask from the accused what enmity they had toward the
state, on account of which they venture to do such wrongs to it. But I do
not use these words as if not having private enmities and misfortunes,
but as if there were plenty of reason for all to be angry, on account of
their private and public affairs. 3. In my own case, jurors, having never
pleaded either my own cause or that of others, I now have been compelled
by what has taken place, to accuse this man, so that I often have felt
the greatest despondency, lest, on account of my inexperience, I should
make the accusation, for my brother and myself, unworthily and
unskillfully; still, I will endeavor to run over the facts as briefly as
I can.
4. My father, Cephalus, was persuaded by Pericles to come to this land,
and lived there thirty years; and neither we nor he ever brought an
accusation against anybody, or were accused ourselves; but we lived in
such a manner under the Democracy, that we neither wronged others nor
were wronged by others. 5. But when the Thirty, being villains and
sycophants, were established in power, affirming that it was necessary to
rid the city of those doing wrong, and turn the remaining citizens to
virtue and justice,--though making such professions, they did not
venture to do such things, as I, speaking first in my own behalf, and in
behalf of you, shall try to remind you. 6. For Theognis and Piso said,
among the Thirty, in regard to the metics, that there were some
dissatisfied with the form of government; therefore there was a very good
pretext to seem to punish them, but in reality to get their money, for
the city was poor in every respect, and the government needed money. 7.
And they had no difficulty in persuading their hearers, for they thought
it of no account to kill men, but to take their money they considered of
the utmost importance. Therefore they decided to arrest ten, and, of
these, two poor men, in older that they might have a defense, in respect
to the others, that these things were not done for the sake of money, but
in the interest of the state, as if doing something reasonably. 8.
Accordingly they distributed the houses and went to them. They found me
entertaining guests, whom they drove out, and then gave me up to Piso,
and others, going to the workshop, took an inventory of the slaves. And I
asked Piso if he was willing to save me, taking a bribe; and he said he
would, if there was much of it. 9. Therefore I said that I was ready to
give him a talent of silver, and he agreed to do it. I knew that he
regarded neither gods nor men; still, in view of the existing state of
affairs, it seemed to me to be absolutely necessary to take a pledge from
him. 10. And when he swore, imprecating destruction upon himself and
children, that he would save me, on condition of receiving a talent, I
went to my chamber and opened the chest. Piso seeing this came in, and,
seeing what was therein, called two of his servants, and commanded them
to take what was in the chest. 11. But as he did not confine himself to
the sum agreed upon, jurors, but took three talents of silver, four
hundred cyziceni, a hundred darics, and four bowls of silver, I besought
him to give me my traveling expenses; whereupon he told me to rejoice if
I saved my life. 12. Melobius and Mnesitheides, returning from the
workshop, met Piso and myself, coming out (of the house). They overtook
us at the very doors, and asked us where we were going; he said to my
brother's (house), to see what was in that house; then they told him to
go on, but bade me accompany them to Damnippus. 13. And Piso, approaching
me, told me to keep silence, and be of good cheer, as he would come
there; and we found Theognis there, guarding the others; having given me
up to him, they went back; and, under such circumstances, it seemed best
to me to run any risk whatever, as if death were already at hand. 14. So,
having called Damnippus, I spoke to him as follows: "You happen to be a
friend of mine, and I have come to your house; I have done no wrong, but
I am about to be put to death on account of my property; do you,
therefore, in consideration of my wretched plight, kindly use your
influence in my behalf to secure my safety." And he promised to do it.
But it seemed better to him to mention it to Theognis, for he thought
that he would do anything, if one should give him money. 15. And, while
he was conversing with Theognis (as I happened to be acquainted with the
house, and knew that there were two doors), it seemed best to me to try
to save myself, thinking that, if I should escape detection, I should be
safe, but, if I should be taken, I thought that, if Theognis should be
persuaded by Damnippus to receive a bribe, I should get off nevertheless,
but otherwise I should die all the same. 16. Having thought of these
things, I fled while they were stationing a guard at the hall-door, and
of the three doors through which I must pass, all happened to be open;
then, coming to the (house) of Archeneus, the shipmaster, I sent him to
the town to learn about my brother; and he came, and said that
Eratosthenes had seized him in the road and led him off to prison, (17)
and I, having learned these things, on the following night sailed to
Megara. And the Thirty gave the command to Polemarchus, made customary by
them, to drink hemlock, before telling the accusation, on account of
which he was about to die, so far he failed of trial, and making his
defense. 18. And when he was carried out the prison-house dead, although
we had three houses, they permitted him to be carried out from neither of
them; but, having hired a bier, they laid him out. And, although there
was much clothing, they gave none to us, when we asked it for his burial,
but of his friends, one gave a garment, another a pillow, and what each
one happened to have, he gave for his burial. 19. And although we had
seven hundred shields belonging to us, together with gold, silver, brass,
ornaments, furniture and women's clothing to an amount far beyond their
expectations, besides a hundred and twenty slaves, of whom they took the
best, and threw the rest into prison, they reached such a pitch of
insatiable desire and avarice, that they showed their character; for from
the ears of the wife of Polemarchus, Melobius took the golden earrings
which she happened to be wearing, as soon as he came into the house. 20.
And not in the least part of our property did we receive compassion from
them; but they so wronged us, on account of our property, as others would
in anger for great wrongs, though we did not deserve these things from
the city, but we had paid the expenses of all the choruses, and many
taxes, and showed ourselves orderly, and did everything ordered, and had
no private enemy, but freed many of the Athenians from their enemies.
Such things they thought we deserved, although as metics we had conducted
ourselves better than those who are citizens. 21. For they drove out many
of the citizens to their enemies, and, killing many unjustly, left them
unburied; and many who enjoyed the full rights of citizenship in this
city, they deprived of them; and they prevented the daughters of many
from being married. 22. And now they have become so audacious, that they
come here to defend themselves, declaring that they have done nothing
wrong or disgraceful; and I wish that they spoke the truth, for not the
least share in this good would come to me. 23. But now they have no such
pleas either before the city or me, for, as I said before, Eratosthenes
killed my brother, not having been wronged by him privately, or seeing
him injuring the city, but zealously assisting his own transgression of
the law.
24. And having come up here, I wish, to question him, jurors, for this is
my opinion; with a view to this man's advantage, I think it impious to
converse even with another about him; but to his injury I consider it to
be holy and honorable to speak even to himself; therefore rise up, and
answer me what I ask you. 25. Did you lead away Polemarchus, or not?
"Through fear I did what was commanded by the Thirty." Were you in the
council chamber when speeches were made about us? "I was." Did you agree
with those advising to kill, or did you oppose? "I opposed." That we
might not be killed? "That you might not be killed." Thinking that we
would suffer unjustly or justly? "Unjustly." 26. Then, O basest of all
men! did you oppose, in order to save us, but arrest us, in order to kill
us? And, when the majority of you had our safety in your hands, do you
say you opposed those wishing to destroy us, but, when it was in your
power alone both to save Polemarchus and not, did you lead him away to
prison? Then because, as you say, by opposing you did no good, do you
claim to be considered an honest man? But, because you arrested and tried
to kill us, do you not think that you should suffer punishment for this?
27. And, moreover, it is not reasonable to believe him in this (if he
speaks the truth in saying that he opposed), that it was commanded him.
For surely, in the case of the metics, they did not take a pledge from
him. To whom then was it less likely to be commanded than (to one) who
happened to oppose them, and declared his opinion? For who was less
likely to be a servant in these things than the man who opposed what they
wished to be done? 28. And still it seems to me that there is a
sufficient excuse for the other Athenians, to lay the blame of what has
happened upon the Thirty. But how is it reasonable for you to accept the
statements of the Thirty themselves, if they throw the blame on each
other? 29. For, if there had been in the city any greater power than that
by which he was ordered to kill men unjustly, you might justly pardon
him; but now from whom will you ever exact punishment if it shall be
possible for the Thirty to say that they did what was commanded by the
Thirty? 30. And while it was possible to save him and abide by the
commands of the Thirty, he arrested him, not in his house, but in the
street, and led him off. And you are all angry with as many as came into
your houses making a search for you or for anything of yours. 31. But, if
it was necessary to pardon those who have killed others for their own
safety, you would more justly pardon these, for it was dangerous for
those who were sent not to go, and if caught to deny it. But it was
possible for Eratosthenes to say, first, that he did not meet him;
secondly, that he did not see him; for these things had neither proof nor
trial, so that they would not have been investigated, even by those
wishing to be enemies. 32. But you ought, Eratosthenes, if you had been
an honest man, far rather to have informed those about to be put to death
unjustly, than to arrest those about to perish unjustly; but now your
acts have been evident as those not of one troubled, but of one pleased
with what has taken place. 33. So that it is necessary for the jury to
give their decision from facts rather than from words, taking as proofs
of the things then said, what they know to have happened, since it is not
possible to furnish witnesses about these things; for it was not only
impossible for us to be present, but in our homes, so that it is in the
power of those who have done it for their own safety! 34. I do not,
however, shrink from the issue, but rather confess to you that I am
utterly opposed (to their statements). Indeed, I wonder what in Heaven's
name you would have done if in harmony with the Thirty, since when
opposing them you killed Polemarchus. Come now, what would you do if you
happened to be brother or son of his? Would you acquit him? For
Eratosthenes, jurors, must show one of two things, either that he did not
lead him away, or that he did this justly; but he has confessed that he
arrested him unjustly, so that he has made your decision about him easy.
35. And now many, both of the citizens and of the strangers, have come to
learn your opinion about these things, some of whom, being your own
citizens, will go away having learned either that they will suffer
punishment for the crimes they shall commit, or, having done what they
desire, will become tyrants of the city, but, failing, will be on equal
terms with you; but the foreigners in the city will know whether they
banished the Thirty from their city justly or unjustly, for, if the very
men who have suffered ill, shall acquit those whom they arrested, truly
they will think that they themselves have been over-zealous in taking
vengeance in your behalf. 36. Is it not then a hard thing if you punished
by death the generals who conquered in the naval battle because they said
they were not able to rescue their companions from the sea on account of
the storm, thinking it was necessary to exact punishment from them on
account of the valor of the dead, but these, who, as private citizens,
did all in their power to be defeated in the naval battle, and, when they
were established in power, confessed that they willingly put to death
many of the citizens without a trial,--is it not necessary that both they
themselves and their children should be punished by you with the most
extreme punishments?
37. I then, jurors, think that sufficient accusation has been made, for I
think it is necessary to carry the accusation up to this point until the
accused shall appear to have done things worthy of death; for this is the
most extreme punishment we can inflict upon them, so that I do not know
what need there is to make many accusations against men who would not be
able to give satisfaction for each of their offenses even by dying twice.
38. For it is not fitting for him to do that which is customary in this
city, to make no defense against the accusations but, speaking much of
themselves, they sometimes deceive, showing to you how good soldiers they
are, or how many ships of the enemy they took when in command of
triremes, or how many cities which were hostile they made friendly. 39.
For command him to show where he killed as many of the enemy as of the
citizens, or where he took as many ships as they themselves betrayed, or
what city they acquired so great as this one of ours which they enslaved.
40. For did they take as many arms from the enemy as they have taken from
you? Did they take such walls as those of their own country which they
dismantled? Who took away the garrisons about Attica, and made it plain
to you that they did not dismantle the Piraeus because the Lacedaemonians
commanded it, but because they thought that thus their own power would be
firmer?
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