Books: The Orations of Lysias
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Lysias >> The Orations of Lysias
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WITNESSES.
14. Again, when the members of my deme were assembled for the expedition,
as I saw that some were honorable, wealthy and zealous, but that there
were others who lacked the means for the journey, I moved that the
wealthy provide the outfit for the poor. And I not only counseled the
others to do this, but I myself gave two men thirty drachmae each; not
that I was worth much, but for an example to the rest. Come forward,
witnesses.
WITNESSES.
15. After this, members of the Boule, during the expedition to Corinth,
when all saw that there would be warm work, and others were shirking, I
arranged to be stationed in the rank next the enemy. And besides, when
our tribe was overthrown and most of it perished, I retreated after that
fine gentleman of Steiria, who has been reproaching all men with
cowardice. 16. And not many days later, by the capture of the strongholds
in Corinth, the enemy was unable to advance, and Agesilaus invaded
Boeotia, and the archons voted to detach certain ranks and send them to
aid. All were afraid (naturally enough, too, members of the Boule, for it
is hardly probable that men who had just escaped would wish to place
themselves in danger again), but I, going of my own accord to the
commander, asked him to send my company.
17. If, then, some of you are angry at those who claim to act in the
interest of the state, and who nevertheless run from danger, you ought to
have no such opinion about me. Not only did I do zealously what was
commanded me, but I even exposed myself to great danger and did this, not
because it was a light matter to fight the Spartans, but that if I ever
were unjustly brought to any trial, I might, with a better reputation for
valor, get full justice. Now bring witnesses.
WITNESSES.
18. I did not shirk any of the other expeditions nor the garrison duty,
but always marched with the foremost and retreated among the last. You
ought to estimate from such considerations, those who live well and in
order, and not hate a man for wearing his hair long. For habits of this
sort injure neither the private citizen nor the city at large, but you
are all benefited by those who meet the dangers of the enemy. 19. It is
not right to either love or hate a man on account of his looks. For many
who talk modestly and dress well have been the cause of great evils, and
others who pay no attention to these things have effected great good.
20. I see that some, members of the Boule, are dissatisfied because I, so
young a man, have ventured to speak before the people. I was compelled to
do so first on account of my case, and then I seem even to myself to be
somewhat more ambitiously disposed than I ought to be, both because I
remember my ancestors who never stopped working for the city, (21) and
because I perceive that you (for I must speak the truth) think that only
men of this sort are worth anything. So, seeing you have this opinion,
who could not be induced to work and speak in behalf of the city? Why,
then, should you be disgusted with men of this sort? For it is you and no
other people who judge them.
ORATION XVII.
PROPERTY OF ERATON.
1. Perhaps some of you, gentlemen of the jury, on account of my wish to
be a worthy citizen, think that I can speak better than other men. But I
am so far from being able to speak about what does not concern myself,
that I cannot say what I ought in regard to those things about which I
should speak. I think however, if I shall go over the whole affair
between myself and Eraton and his children, that you will easily
understand what view to take about the claim. So hear me from the start.
2. Eraton, the father of Erasiphon, borrowed two talents from my
grandfather. That he took the money and that he asked him to lend so
much, I will furnish as witnesses those in whose presence it was given.
How he employed it, and what use he made of it, those who know better
than I and were cognizant of his proceedings will declare and give
evidence to you. Now call the witnesses.
EVIDENCE.
3. As long as Eraton lived, I received the interest and other details of
the transaction. When he died he left three sons, Erasiphon, Eraton and
Erasistratus, but they no longer paid their dues. So in the war, as there
were no courts, we could not exact from them what they owed, and when
peace came, when civil suits were being heard, my father, having obtained
leave to bring suit against Erasistratus for the whole debt; as he alone
of the brothers lived in the city, obtained judgment against him in the
archonship of Xenaetnetus. Now call the witnesses.
WITNESSES.
4. That the property of Eraton would rightfully be ours, is easily seen
from these men, and that it is all confiscated, from the lists, for three
or four persons entered the items. Now this is clear to every one that
they would not have omitted anything else which it was possible to
confiscate while making a list of all Eraton's property,--even what I
have for some time held myself.
I think it is evident that I cannot recover this money elsewhere if you
confiscate this property. 5. But now see in what a different spirit I and
these persons make my claim against you. For as long as the friends of
Erasiphon disputed the property with me, I claimed it was all mine,
because Erasistratus was defeated while defending a suit against my
father for the whole. And I have let the property at Sphettus for three
years past, and was engaged in a suit with the occupants of the property
at Cicyna and the house there. But last year they struck out the suit on
the ground that they were merchants; but now, though I brought in my suit
in the month Gamelion, the Marine Court rendered no decision. 6. And
since you thought best to confiscate Eraton's property, I think two
shares should be allowed the state and the property of Erasistratus be
voted to me, as you have decided that this was formerly in my possession.
So I have picked out for myself one-third of the property, roughly
estimated, and leaving over two-thirds to the state. 7. It is easy to
find out from the valuation put upon it. All the property has been valued
at more than a talent, and what I claim, I value at five minae and a
thousand drachmae respectively. If they are worth more than this, when
the property is sold, the state shall have the rest. 8. That you may know
that these are the facts, I will bring as witnesses to you, first, those
who hired from me the place at Sphettus, then those living near the place
at Cicyna who were acquainted with me when I made the claim three years
ago, also the archons of last year before whom the suits were brought,
and the present Marine Court. 9. The lists too will be read you, for from
them you will know that my claim to this property is not a recent one,
and that I do not ask more from the state than from private individuals.
Now call the witnesses.
WITNESSES. LISTS.
10. It has now been proved that I do not wrongfully claim the decision of
the property in my favor, but that after relinquishing much of the
property to the state I claim this only. And now it seems right for me to
ask this of you, and the magistrates with you.
ORATION XIX.
PROPERTY OF ARISTOPHANES.
1. This suit troubles me greatly, gentlemen of the jury, when I consider
that if I do not speak well, not only I, but my father will appear in the
wrong, and I shall lose all my property. So, if I am not naturally
skillful in this task, I must come to the rescue of myself and my father
as best I can. 2. You see the careful preparation and zeal of my enemies,
and I need say nothing about them, and all who know me know my
inexperience. So I shall beg you grant what is just (for me) and easy
(for you), to hear me with patience, as well as the prosecution. 3. For a
defendant is necessarily at a disadvantage even if you listen
impartially, for the prosecutors have planned for a long time, and
without any risk to themselves have made their attack, but I struggle
with fear, prejudice and great danger. So it is right for you to show
greater favor to the defendants. 4. For I suppose you all know that many
who make terrible accusations have at once been convicted of falsifying
so evidently, that they leave the court and become mistrusted for all
they do. Some again have been convicted of false witness and of seeking
to ruin men, when there was nothing more to their advantage. 5. Since, as
I hear, there are many such cases, gentlemen of the jury, do not trust
the words of the prosecution until I speak. For I hear, and I think many
of you know that slander is most difficult (to deal with). 6. Surely we
may realize this when so many come to trial on this charge, for usually
the last tried are acquitted; for you listen to them without prejudice,
and you admit their arguments willingly. 7. So remember that Nicophemus
and Aristophanes were put to death without a trial, before the arrival of
any one to (hear) them proved guilty. For no one saw them after the
arrest; for they did not give up their bodies for burial, and so terrible
was their fate, that besides all the rest they were deprived of this
(privilege) too. 8. But I will pass this by, for I could never finish
(the subject); but much harder I think was the fate of the sons of
Aristophanes. For though never wronging any one in public or private,
they not only lost their patrimony contrary to your laws, but also their
remaining hope was blighted of being brought up by their grandfather. 9.
Still I, deprived of kindred, of the dowry (of my sister), and having to
bring up three children, have charges brought against me, and run in
danger about the inheritance which my ancestors left me, acquired legally
(by them). And yet, gentlemen of the jury, my father during his lifetime
spent more for the state than for himself and family, and it was four
times what I have now, as I was often at hand when he was reckoning. 10.
Do not prejudge the injustice of a man who spent little for himself and
much every year for you, but (be ready to condemn those) who are
accustomed to spend their patrimony and everything else they get for
vicious pleasures. 11. It is difficult, gentlemen of the jury, to defend
myself contrary to the opinion which some hold about the property of
Nicophemus, both because of the present scarcity of money in the state,
and because the suit concerns the treasury. And yet under these
disadvantages, you will readily see that the accusations are not true.
And I beg you by every means in my power to hear me favorably to the
close, and to vote whatever you think best and in best accord with your
oaths.
12. In the first place I will inform you how they came to be connections
of mine. For Conon, commanding near the Peloponnesus, who was my father's
friend when he was Trierarch, asked him to give my sister to the son of
Nicophemus when he asked her hand. 13. And he seeing that they
(_Nicophemus and his son_) were trusted by Conon, and were
serviceable to the state, then at least conforming to her laws, promised
to give her, not realizing the bad repute into which they would fall, at
a time when any one of you would have wished to be connected with them;
that it was (done) for the sake of money, it is easy to understand from
the whole life and conduct of my father. 14. For when he was at a
suitable age, although he could have married another with a large dowry,
he married my mother who brought none, because she was the daughter of
Xenophon, son of Euripides, who not only seemed to be of good character,
but you thought him worthy to be Strategus, as I hear. 15. Moreover he
did not give my sisters to rich husbands who would have been willing to
take them without dowries, because they seemed to be of inferior birth,
but one to Philomelus of Paeania, whom they say is better in character
than wealth, another to a man who lost his property through no fault of
his own, his nephew, Phaidrus of Murrhinoute, besides giving him forty
minae, and the same to Aristophanes. 16. And besides, though I could have
(married a woman with) a large dowry, be advised a smaller one, that I
might be sure of having connections orderly and discreet. And now my wife
is the daughter of Critodemus of Alopeke, who was put to death by the
Spartans after the naval battle of the Hellespont. 17. And now, gentlemen
of the jury, is it not probable that one who married without a portion,
and gave his daughter much money, and took a small dowry for his son,
should be trusted to have sought connection with these men for no money
considerations?
18. It is easy to see that Aristophanes, already married, would have
confided in any one sooner than my father. For their ages were wide
apart, and their dispositions still more; for my father had merely his
own concerns to attend to, but Aristophanes wished to attend not only to
his own private affairs, but to public ones as well, and if he had any
money, he spent it in his desire for honor. 19. You know from what he
used to do that I speak the truth. For first, when Conon wished to send
some one to Sicily, he undertook the commission and went with Eunomus,
enjoying the friendship and hospitality of Dionysius, who benefited the
state greatly, as I heard from those in his company at Piraeus. 20. And
the hope of the expedition was to persuade Dionysius to become allied to
Evagoras, and hostile to the Spartans, and a friend and ally to your
city. And this they did in spite of dangers which threatened by sea and
from the enemy, and they persuaded Dionysius not to send the trireme
which he had prepared for the Spartans. 21. And afterwards, when
ambassadors came from Cyprus for assistance, he did cease his activity.
You gave them triremes, and voted other aid, but they lacked funds for
the expedition. For they came with little money, and asked for much; for
they (asked it) not only for the ships, but they hired mercenaries, and
bought arms. 22. Now Aristophanes himself furnished most of the money;
and when there was not enough, he persuaded his friends, asking for it
and giving securities, and having forty minae of his half-brother at his
house he used them up. And the day before he sailed, he went to my father
and asked him to lend him whatever money he had. For he said it was
needed for paying the mercenaries. We had in ready money seven minae, and
he took this and used it up. 23. Now what man, gentlemen of the jury,
ambitious, with letters from his father that he would find no lack in
Cyprus, having moreover been chosen ambassador, and being about to sail
to Evagoras, would have left everything behind, and would not, if he
could by contributing everything, please him (_Evagoras_) and make a
large profit? That this is the case, call Eunomus.
WITNESSES.
24. You hear the witnesses, both that they lent (the money) at his
demand, and that they received it back, for it was brought them on the
trireme.
From what has been said, it is easy to see that in these emergencies he
spared himself not in the least. 25. Here is the best proof: Demus, the
son of Pyrolampes, in command of the trireme for Cyprus, asked me to go
to him, saying that he had from the king of Persia a golden bowl, for
which he wished to get seventeen minae, which he would spend on his
trierarchy; when he came to Cyprus he would redeem it, paying twenty
minae; for through this pledge he would have plenty of money and other
advantages in Asia Minor. 26. Aristophanes, hearing this from Demus,
though I urged him, and although he would have taken the cup, and gained
four minae interest, said he had no money, and declared he had borrowed
from his friends besides, otherwise he would be most glad to take the
pledge and oblige us by what we asked. 27. I will bring witnesses that
these are the facts.
WITNESSES.
From the evidence it is certain that Aristophanes left no money behind;
and he had not much (in the way of) bronze. And when he entertained the
ambassadors from Evagoras he had to borrow the plate. And we will read
you what he left.
INVENTORY.
28. Perhaps some of you, gentlemen of the jury, think this is a small
inventory. Bear this in mind, that before our naval victory he only had a
little estate at Rhamnus. The naval battle was in the archonship of
Euboulus. 29. So in four or five years, as at first he had no property,
it was no easy matter for him to supply the chorus twice for tragedies,
for himself and his father, serve as Trierarch three consecutive years,
make large contributions, build a house for five minae, and get more than
three hundred plethra of land; and yet, besides all this, do you think he
necessarily left many household effects? 30. But not even families of
long-standing wealth could show much of value, for sometimes, no matter
how desirous one may be, it is not possible to buy that which always
gives pleasure to its possessor.
31. But consider this. Of others whose property you confiscated, not only
did you sell no furniture, but the doors were torn from the houses. But
when the confiscation had taken place, and my sister had left, we set a
guard in the house, that neither the doors, vases, nor anything else
might be lost. And property of more than a thousand drachmae was
reported, more than you ever took from any one else. 32. Besides, both
formerly before the commissioners and now we wish to give a pledge, the
greatest in use, that we have no money of Aristophanes, but he owes the
dowry of my sister and seven minae, which he took from my father when he
went off. 33. How then would men be more wretched than to be thought to
hold the property of others, after loss of their own? And what is the
worst of all, to receive a sister with many children, look after them,
and have nothing for myself, if you take even what we have.
34. Come now, by the Olympian gods! Look at it in this light, gentlemen
of the jury. If one of you happened to give to Timotheus, son of Conon,
his daughter or sister, and when he was deprived of civil rights, and
accused, his property was seized, and if, when all was sold, the city did
not get four talents, on this account would you think it right to ruin
his family and relatives, because the property turned out to be not even
a fraction of what you thought it? 35. All of you here know that Conon
was in command, and that Nicodemus executed his commands. It is likely
that Conon gave part of the profits to some other, so if they thought
Nicodemus had much, they would agree that Conon's share was ten times as
much. 36. And still they seem never to have had any difference of
opinion, so it is likely that they had the same ideas about money,
namely, to have here sufficient for their sons, and to take the rest with
them. For Conon had a son and wife in Cyprus, Nicodemus a wife and
daughter, and they thought their property there to be as safe as that
here. 37. And besides this, think, if some one who had not acquired his
property, but had inherited it from his father, distributed it to his
sons, that he would have reserved the most for himself. For all with
money prefer to be served by their children rather than ask it of them in
poverty. 38. Now if you should confiscate the property of Timotheus,--and
may it not happen, unless great good come to the state from it,--and
should gain less from it than came from the property of Aristophanes, for
this reason would you believe it right that his relatives should lose
their property? 39. It is not likely, gentlemen of the jury. For the
death of Conon and the will which he made in Cyprus clearly showed that
his money was a very small part of what you expected, for to Athena and
to Apollo in Delphi he dedicated five thousand staters. 40. And to his
nephew who kept guard for him and had charge of his affairs in Cyprus, he
gave ten thousand drachmae, and three talents to his brother; the rest,
seventeen talents, he left to his son. The sum total is about forty
talents. And no one can say that he was robbed or that a just return was
not made. 41. For he made his will when in sickness, in his right mind.
Now call me the witnesses.
WITNESSES.
42. Surely one would have thought, before both cases were shown, that the
property of Nicophemus was a small fraction of that of Conon.
Aristophanes purchased land and a house for more than five talents,
supplied choruses for himself and his father for five thousand drachmae,
and spent eighty minae as Trierarch. 43. And in taxes he contributed for
both no less than forty minae, and for the expedition to Sicily he spent
a hundred minae. For sending the triremes when the Cyprians came and you
gave them ten ships, for pay for the mercenaries and the purchase of
arms, he furnished thirty thousand drachmae. The amount of this is a
little less than fifteen talents. 44. So you do not charge me with
reason, since the property of Aristophanes appears to be more than a
third part of that of Conon, which is agreed was rightly reported by
himself, though appearing to be much greater. And I do not reckon what
Nicophemus had in Cyprus, where were his wife and daughter.
45. I do not believe, gentlemen of the jury, that you will ruin me after
my producing such conclusive evidence. For I have heard from my father
and other older men that both now and formerly you have been mistaken
about the property of many men, and that many while living seem to be
wealthy, and after death they turned out very different from what you
supposed. 46. For example, every one supposed Ischomachus as long as he
lived was worth more than seventy talents, as I hear; but each of his two
sons had less than ten at his death. Stephanus, son of Thallus, was said
to be worth more than fifty talents, but his property after his death
proved to be about eleven talents. 47. The estate of Nicias was expected
to be worth not less than a hundred talents, and much of it in ready
money; but when Niceratus was dying, he said himself he was not leaving
any gold or silver, and the house which he left to his son was not worth
more than fourteen talents. 48. Again Callias, son of Hipponicus, at the
recent death of his father seemed to have inherited more than any other
Greek, but as he says, his grandfather valued (the property) at two
hundred talents. His rateable property is really not worth two talents.
You all know Cleophon, that for many years he managed all the finances of
the state and was supposed to have much from the government; but at his
death there was no money, and the relatives and connections whom he left
were confessedly poor men. 49. So we are evidently much deceived in
regard to men of hereditary wealth and those who have recently become
noted. And I think the reason is that one dares to say without sufficient
grounds that so-and-so has many talents from the government. And I do not
wonder at what they say about the dead (for they cannot be confuted by
them), but at their attempt to deceive during their life. 50. For you
yourselves lately heard in the assembly that Diotimus had forty talents
more than he acknowledged from the ship captains and merchants; and no
one tested him when he came bringing his accounts and feeling bad that he
had been slandered in his absence, that too when the state was in need of
money and he wished to give a statement. 51. Think now what would happen
if after all Athens had heard that Diotimus had forty talents, he had met
his fate before sailing home. Then his relatives would have been in
greatest danger, if they had had to defend themselves against such a
charge, not knowing any of the facts. These are responsible for your
being mistaken about many, and unjustly ruining some, (these men) who
rashly venture to speak falsely and wish to bring charges against others.
52. Then I suppose you know that Alcibiades was Strategus for four or
five years, having prevailed over and conquered the Spartans, and the
cities thought best to give him twice as much as to any other general, so
that some thought he owned more than a hundred talents. But at his death
he showed it was not the case, for he left a smaller estate to his
children than he had received from his guardians.
53. That such things formerly happened is readily seen; and they say the
noblest and wisest are especially willing to change their opinions. If
then I seem to speak to the point, and bring sufficient testimony,
gentlemen of the jury, in every way favor me, as, although the accusation
is so great, I believe I shall win with truth on my side; and if there is
no way in which you are willing to be persuaded, there seems to be no
hope for me. 54. But by the Olympian gods, gentlemen of the jury, be
willing to save me with justice (on my side), rather than ruin me
unjustly; and believe they speak the truth, who even in silence during
their lives conduct themselves wisely and justly.
55. So in regard to the writ itself and how they became my connections
and that his property was not enough for the voyage, but that he borrowed
elsewhere, you have heard and testimony has been given you; but I wish to
say a few words about myself. For I at thirty years of age never spoke
wrongly to my father, nor has a citizen ever brought a charge against me,
and though living near the market-place I was never seen in the court or
assembly before this befell me. 56. So much I can say of myself, but of
my father, since the charge has been made as if he were at fault, have
patience if I declare what he spent for the state and his friends. And
(it is not) in a spirit of boasting, but to prove that it is inconsistent
with the character of a man to spend much unnecessarily and to wish to
keep common property at greatest risk. 57. There are some who spend not
only for this, but that they may gain twice as much if they are thought
by you worthy to rule. My father never wished to be a leader, but he
supplied all choruses, and was Trierarch seven times, and made many large
contributions. That you may know this, each point will be read you.
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