Books: The Orations of Lysias
L >>
Lysias >> The Orations of Lysias
Pages:
1 |
2 |
3 |
4 |
5 |
6 |
7 | 8 |
9 |
10 |
11
LIST OF SERVICES.
58. Hear the number of them, gentlemen of the jury. For fifty years my
father served the state with money, and in person. So in such a time,
being thought wealthy from the start, it is natural that he shrank from
no expense. Yet I will bring you witnesses.
WITNESSES.
59. The sum of all is nine talents and two thousand drachmae. Besides,
privately he helped portion the daughters and sisters of some poor
citizens, and ransomed some from the enemy, and furnished money for the
burial of others. And this he did, believing it was a brave man's duty to
help his friends, even if no one would learn of it; and now it is fitting
that you should learn of it from me. Now call in this and that one.
WITNESSES.
60. You have heard the witnesses; remember that one could assume a
character for a short time, but no one could elude detection for seventy
years if a bad man. Against my father perhaps some could bring other
charges, but no one, even an enemy, dared (to accuse him) about his money
affairs. 61. Is it then right to trust the words of the accusers, rather
than to the facts, (as to) what he did in all his life, and to time,
which to be sure is the clearest test of truth? For if he had not been
such a man, he would not have left so little from so much, since if you
are deceived by these men and confiscate my property, you will get not
two talents. So it is for your interest to acquit me not only because you
think it right, but as a question of money, for you will be the gainers
if I keep this. 62. And see how many expenditures have been made in the
past for the state, and now from what remains I am Trierarch, and my
father died while Trierach, and I shall endeavor, following his example,
to give a small amount, little at a time, for the common weal. So in
reality this (now) belongs to the state, and I shall not think I am
wronged if deprived of it, but you will have greater benefit than if you
confiscate it. 63. Besides this, it is fitting to bear in mind the nature
of my father. For whatever he wished to spend beyond the necessities of
life, it evidently was in a direction in which the city too would gain
some honor. For example, when he served in the cavalry, he purchased
horses, not only fine ones, but racers, with which he won at the Isthmian
and Nemean games, so that the city was proclaimed and he crowned. So I
beg you, gentlemen of the jury, bearing in mind these and all other words
to protect me, and not to leave men in the power of their enemies. And so
doing, you will vote justly, and for your own advantage.
ORATION XXII.
THE GRAIN DEALERS.
1. Many have come to me, gentlemen of the jury, expressing surprise that
I have entered an accusation in the Boule against the corn dealers, and
saying that you, even if you think them ever so guilty, nevertheless
think that those who bring charges against them are doing so from
personal interest. Accordingly I first wish to show you why I was
compelled to accuse them.
2. When the Prytanes reported them to the Boule, feeling ran so high that
some of the speakers said that without a trial they should be handed to
the Eleven to be put to death. But I, thinking that it would be a
terrible precedent for the Boule to do this, rose and said that it seemed
best to me to try the dealers by law, as I thought that if they had
committed a capital crime you no less than we would know what was just,
but if they were doing nothing wrong they need not die without a trial.
3. When the Boule had agreed to this, some tried to slander me, saying I
made these speeches for the safety of the dealers. Before the Boule,
since the preliminary trial was before them, I made a practical defense.
For while the rest were sitting still, I got up and accused them, making
it clear to all that I was not speaking in their behalf, but upholding
the established laws. 4. I took up the matter on account of this, fearing
the charges. And I think it base to stop until you have voted what you
wish.
5. First stand up and tell me whether you are a metic? Yes. Are you a
metic on condition of obeying the laws of the city or doing what you
please? On condition of obeying. Do you expect to escape death if you
transgress the laws of which the penalty is death? I do not. Tell me then
whether you confess that you bought more than the fifty measures of corn
which the law allows. I bought it, advised to do so by the officers.
6. If he can show, gentlemen of the jury, that there is a law which
permits dealers to buy corn when ordered to do so by the officers, acquit
them. If not, it is just to condemn them. For we showed you the law which
forbids any one in the city buying more than fifty measures of corn.
7. This, gentlemen of the jury, ought to end the accusation, since he
admits that he bought corn and the law plainly forbids it, and you have
sworn to give judgment according to law. But that you may be convinced
that they are wrong about the officers I must say something further about
them. 8. Since they made the charges against them let us call the
officers and question them. Four of them say they know nothing about the
matter. Anytus says that last winter when corn was high and the dealers
were outbidding and fighting against one another, he counseled them to
stop quarreling, thinking it was advantageous to you who buy from these
that they should previously buy it as cheap as possible. For they must
sell it not more than an obol dearer. 9. That he did not order them to
buy the corn and store it up, but advised them not to fight with each
other, I will Anytus as witness, and also that he said these words last
year and they have been proved guilty of engrossing corn this year.
DEPOSITION.
10. You have heard that they did not buy the corn because they were
advised to do so by the officers. And I think if they really are speaking
the truth about the corn inspectors they will not be defending
themselves, but accusing them. Ought they not to be punished for offenses
concerning which the law is expressly written--both those who do not obey
and those who direct to do what is contrary to them?
11. But I do not think, gentlemen of the jury, that they will resort to
this argument. Perhaps they will say, just as they did before the Boule,
that they bought the grain out of good will to the city, that you might
buy it as cheaply as possible. I will give you the greatest and most
evident proof that they lied. 12. They ought, if they bought the corn for
your benefit, to have sold it many days for the same price, until the
supply ran out; but in truth they sold it the same day at a drachma
dearer as if they were buying it up by the medinnus. I will prove this to
you by witnesses.
EVIDENCE.
13. I think It strange that when there is a tax to pay about which all
men will know, they do not wish to do their share but plead poverty, but
those offenses for which the penalty is death, and in which it was for
their interest to escape detection, they say they committed out of good
will to you. You all know that it is least fitting for them to make such,
a defense. For their interests and other men's are entirely different.
They gain most when some disaster has befallen the city and they sell the
corn for a high price. 14. Thus when they see your misfortunes they are
glad, so that they often hear of some before other people, and others
they make up themselves; either the ships in the Pontus have been
destroyed, or have been captured by the Lacedaemonians setting out, or
that the market is closed, or that the truces are about to be made void;
and they have come to such a pitch of enmity (15) that in these times
they plot against you as if they were your enemies. When you chance to be
in the greatest need of corn they heap it up and refuse to sell that we
may not dispute about the price, but may think ourselves lucky if we
manage to buy from them at any price whatever. So although there is peace
we are besieged by these men. 16. Long ago the city came to have such an
opinion of their evil doings and wickedness, that while for all the other
trades you appointed clerks as inspectors, for this traffic alone you
appointed corn inspectors; and on many of these you have inflicted heavy
punishment, although they were citizens, because they were not able to
stop these practices. Ought not, then, those doing this wrong to receive
punishment at your hands when you kill those not able to restrain it?
17. You ought to know that it is impossible to acquit them. For if you
acquit those who confess to making a corner against the merchants you
will seem to plot against the merchants. If they made some other excuse
no one would censure those acquitting them; for in such cases it is at
your discretion to believe either way. But now if you set free those who
confess that they have broken the law, would you not seem to be doing a
strange thing? 18. Remember, gentlemen of the jury, that you have already
condemned many accused of this crime who brought forward witnesses, as
you thought the assertion of the accusers more trustworthy. Would it not
be strange if, judging about the same offenses, you were more desirous to
take punishment from the guiltless? 19. I think, gentlemen of the jury,
that it is plain to all, that cases against these men are of the most
general interest to those in the city, so that they will learn what mind
you have about them; for they will think if you condemn them that they
must be more careful in future, whereas if you acquit them you will have
voted them every opportunity of doing what they wish. 20. It is necessary
to punish them, gentlemen of the jury, not only on account of the crimes
which have been committed, but those that will be. For in that case
(_acquittal_) they will scarcely be endurable. Remember that many in
this business have been tried for their life. And so great are their
profits from it that they prefer to run in danger of their life every day
than to stop getting unlawful gain from you. 21. If they beseech you and
entreat you, you should not justly pity them, but rather have compassion
on the citizens who have been dying with hunger on account of their
knavery, and the merchants against whom they combined. These you will
please and make more zealous if you inflict punishment on the dealers.
But if not, what opinion do you think they will have when they learn that
you let off the retail dealers who themselves confess to plotting against
the merchants?
22. I do not think I need say more. About other criminals you must be
informed by the accuser, but about the knavery of these men you know
everything. If you condemn them you will do what is just and make corn
cheaper; if you acquit them you make it dearer.
ORATION XXIII.
PANCLEON.
1. I cannot say much, gentlemen of the jury, about this case in hand, nor
does it seem to me to be necessary; but that I obtained leave to bring
the suit against Pancleon, not of Plataea, this I will try to show you.
2. As he had continued for some time to injure me, I went to the fuller's
shop where he worked, and summoned him before the polemarch, supposing
him to be an alien. And when he said he was a Plataean, I asked from what
deme he was, on the suggestion of a bystander that I should call him
before the tribe to which he pretended to belong. And as he answered from
Decelea, I summoned him before the judges of the tribe Hippothoontis;
then I went to the barber's shop near the Hermae, (3) where the Deceleans
congregate, and made inquiries, and whatever Deceleans I met I asked if
they knew a man by the name of Pancleon from the deme Decelea. And when
no one said he knew him, learning that he was defending some suits and
had lost others before the polemarch, I too obtained suit against him
there.
4. First then I will bring you as witnesses the Deceleans whom I inquired
of, then those who have had suits against him before the polemarch, and
convicted him, as many as are present. Now stop the water.
WITNESSES.
5. Following these, I obtained leave for the suit before the polemarch.
But when he answered that the action was before the wrong court, wishing
very much to seem to no one willing to act in a lawless manner rather
than exact satisfaction for my wrongs, in the first place I asked
Euthycritus, whom I knew to be the oldest of the Plataeans and supposed
he would be most likely to know, if he was acquainted with a Plataean
Pancleon, son of Hipparmodorus. 6. And then, when he answered that he
knew Hipparmodorus, but he had no son, neither Pancleon nor any one else,
I asked all the Plataeans I knew. None of these knew the name, but they
said I should find out most accurately, if I should go into the new
cheese market on the last day of the month, for on that day each month
the Plataeans met there. 7. So going on that day to the cheese market, I
asked them if they knew any citizen of theirs by the name of Pancleon.
They all said they did not, except one, who said he knew of no citizen of
this name, but said he had had a runaway slave, Pancleon, and the age and
trade corresponded to this man's. 8. That this is the truth, I will bring
in as witnesses Euthycritus; whom I asked first, and the rest of the
Plataeans whom I approached, and the man who claims to be his master. Now
shut off the water.
WITNESSES.
9. Not many days after this, I saw this Pancleon seized by Nicomedes, who
had testified he was his master, and I went up to him, wishing to know
what was to be done with him. Then after they ceased struggling, some of
the witnesses said that he had a brother who would release him; then they
gave securities to bring him to the market-place, and separated and went
away. 10. The next day for the sake of his indictment (against me) and
this suit, I thought I should be present (at court) with witnesses, in
order to know who would release him and what he would say to get him off.
Now as to the conditions on which he was released on bail, neither a
brother nor any one else came, but a woman who claimed he was her slave,
laying claim against Nicomedes, and she refused to let him take Pancleon.
11. It would be a long story to go through all which was said there; but
his witnesses and this man himself reached such a pitch of violence that
while Nicomedes and the woman were willing to give him up if any one
should legally release him, or take him (into slavery) claiming to be his
master, they did neither of these things, but seized him and left. That
on the day before he had been bailed on these conditions and that they
forcibly carried him off, I will furnish, evidence to you. Now shut off
the water.
WITNESSES.
12. It is easy to see that not even Pancleon thinks himself a free man,
to say nothing of being a Plataean. For one who wished by being released
by force to render his friends liable to action for forcible seizure,
rather than to take the penalty from those trying to drag him into
slavery after his release according to laws, every one would plainly know
that as he knew himself to be a slave he feared after getting bail to
contend for his freedom.
13. That he is far from being a Plataean, I think you are fairly
convinced by these facts. And that not even this man, who best knows his
own affairs, thinks that you think him to be a Plataean, you will see
easily from what he did. For in the investigation of the suit which this
Aristodicus had against him, he objected to the suit being before the
polemarch, and it was denied that he was a Plataean. 14. Then having
brought suit against the witness, he did not carry it out, but allowed
Aristodicus to defeat him. And when he was over time (in paying his
fine), he discharged the debt at the best terms he could. And I will
bring witnesses that this is true. Now shut off the water.
WITNESSES.
15. Before he had arranged with him, fearing Aristodicus, he left here
and went to Thebes. And I think you know if he were a Plataean, he would
probably have taken refuge anywhere else sooner than in Thebes. I will
bring witnesses that he lived some time there. Now shut off the water.
WITNESSES.
16. I think I have said enough, gentlemen of the jury; for if you keep
these things in mind, I am sure you will vote what is just and true, and
what I beg of you.
ORATION XXIV.
THE CRIPPLE.
1. I am almost obliged to the accuser, members of the Boule, because he
has got up this suit. For I have not had any pretext on which to give an
account of my life, but now I have seized this opportunity. And in my
speech I will try to show that he is falsifying, and that up to this day
I have lived rather to deserve praise than jealousy; for he seems to me
to have trumped up this suit through nothing else than jealousy. 2. And
from what kind of baseness do you think a man would abstain who grudges
(giving to) those whom others pity? For not for money does he inform
against me, nor seeks to punish me as a private enemy, for I never had
any dealings with him as a friend or enemy. 3. Now then, members of the
Boule, he is evidently jealous, because in spite of this misfortune I am
a better citizen than he. For I think, members of the Boule, that
necessarily misfortunes of the body are nobly remedied by pursuits of the
mind. For if I have the disposition corresponding with this trouble, and
conduct myself otherwise, how shall I differ from this man?
4. About these things let me speak as I have done, and about what it is
my interest to speak, I will speak with as few words as possible. For the
accuser says that it is not just for me to receive the pension from the
state, for I am sound of body and am not helpless, and understand a trade
so as to live without (the pension). 5. And as proofs of my bodily
strength he instances the fact that I ride horseback, and of my skill in
my trade that I can associate with men able to be extravagant. I believe
all of you are acquainted with my success in my trade and the rest of my
livelihood, what it may be; yet I will mention these in few words. 6. My
father left me nothing, and only within three years I have ceased
supporting my mother as she died. I have no children to care for me. But
I have a trade which can assist me a little, which I myself work at with
difficulty, as I am not able to buy a slave to relieve me at it. I have
no other income than this, and if you take it from me, I shall run the
risk of coming into the hands of a cruel fate. 7. As you can help me
justly, members of the Boule, do not ruin unjustly. Do not take from me
in my old age and weakness what you gave me when young and strong; do not
receive harshly those who are pitied even by their enemies, when formerly
you seemed to be most charitable to those that had no trouble. Do not
have the heart to wrong me and so bring discouragement on others in like
condition. 8. For it would be absurd, members of the Boule, that if when
I merely had this misfortune, then it appeared I was receiving this
pension, and that now when old age and disease and their consequences had
come upon me, then I should be deprived of it. 9. It seems to me that the
accusers more clearly than any one else shows my utter poverty. For I
should be appointed as choragus for tragedies and should call on him to
exchange with me, he would prefer to be choragus ten times rather than
exchange once with me. And is it not strange for him to charge me now of
being able through my success to associate on an equality with the
wealthiest man, and to be so (poor) if anything of the sort should happen
as I said? and even more wretched?
10. And about my horsemanship, which he dares mention to you, neither
fearing fate nor ashamed before you, there is not much to say. For I
knew, members of the Boule, that all men having such a calamity seek
something like this, and study this problem, how to manage their
deformities with the least pain to themselves. I am one of these, and I
hit upon this relief for my infirmities for the long journeys I am
obliged to take. 11. It is easy to learn, members of the Boule, what is
the best proof that I ride on account of my infirmity and not from
arrogance. For if I had wealth, I should ride on a cushioned saddle, and
not on other people's horses; but now since I cannot buy such a one, I
have to use other people's horses often. 12. Now is it not inconsistent,
members of the Boule, that this very man if he had seen me on a cushioned
saddle would have held his peace, (for what could he have said?) but
because I ride borrowed horses that he tries to persuade you that I am
sound? And that I use two crutches while others use but one, (why does
he) not charge me that this is a mark of sound men? But that I ride he
uses as a proof to you that I am sound. But both of these I employ for
the same reason.
13. He surpasses all in shamelessness so much that he tries to persuade
you, he alone against so many (of you), that I am not a cripple. If he
persuades any of you, members of the Boule, what hinders my drawing lots
for the nine archons, and your taking my obol from me as being sound, and
giving it to him as a cripple? For surely you will not take away a gift
from a man as being sound while they prevent his drawing lots as being
unsound. 14. But really you do not have the same opinion as this man, nor
does he (hold it) in his better moments. For he comes here to dispute as
if my infirmity were an inheritance, and he tries to persuade you that I
am not such as you all see (me to be); but you, as if right for
reasonable men, trust the evidence of your own eyes rather than his
words.
15. But he says I am insolent and violent and licentious in my
disposition, just as if he were more likely to be speaking the truth if
he calls dreadful names, but will not accomplish this if he speaks mildly
and remains by the facts. But I think, members of the Boule, that you
clearly know what sort of men are apt to be insolent and what not. 16.
For it is not likely that the poor and needy should be insolent, but
those who have much more than they need; nor those who are infirm in
body, but those who rely on their own strength; nor those well advanced
in years, but those who are yet young and have youthful minds. 17. For
the rich buy off dangers with their wealth, but the poor are forced to
prudence by their lack of resources; and the young expect pardon from
their elders, and both blame the old equally for lapses; (18) and it is
for the strong without any cause to be insolent to whomsoever they wish,
but it is not possible for the weak if insulted to defend themselves
against those who provoke them, nor if they wish to be violent can they
overcome their victims. So that the accuser seems to me to speak about my
violence as a joke, not in earnest, not really wishing to persuade you
that I am such, but wishing to make fun of me, as if doing a fine thing.
19. And besides he says that many men gather about me who are of base
character, who have lost their property and plan against those who wish
to save their own (property). Remember all of you that in saying this he
charges me no more than any who have trades, nor those who enter my shop
more than those (who go into the shop) of other artisans. 20. For each
of you has been in the habit of going, one to a perfume shop, another to
the barber shop, one to a shoemaker's shop, others here and there, most
of all to the shops set up near the market-place, and very few to those
far from it. So if any of you charges those who come to my shop with bad
conduct, evidently you charge those who frequent other men's shops, and
if these, then all the Athenians; for you are all accustomed to go about
and spend your time somewhere or other. 21. I do not know that I ought to
weary you longer by accurately making my defense against each thing which
has been said. For if I have spoken about the main points, why should I
like him speak earnestly about trivial matters? But I beg you, members of
the Boule, to have the same mind toward me now as formerly. 22. Do not
for this man strip me of the only thing which fate has given me in
exchange for civil rights. Let him not alone persuade you to take back
what you all gave me in common. For since, members of the Boule, God has
deprived us of the highest offices, the city voted this pension, thinking
that the fortune should be alike for unfortunate and fortunate. 23.
Should I not be most wretched if I should be deprived through this
misfortune of the finest and best things, and through this accuser of
what the city intended for those in this condition? Do not, members of
the Boule, pass this vote. For why should I find you of such a
disposition? 24. Because some one in a trial ever lost his property
through me? But no one could prove that. Because I am meddlesome, and
harsh and quarrelsome? But I do not chance to have such conditions of
life for such actions. 25. But that I am violent and disorderly? But not
even he would say that if he did not wish to lie about this as the other
things. But that being in power in the reign of the Thirty I maltreated
many of the citizens? But after the democracy I fled to Chalcis on the
Euripus, and though I could have been a citizen among them without fear,
I preferred to run my risk with you all. 26. And now, members of the
Boule, having done no wrong, may I not find you such towards me as to
those who have committed many offenses, but cast the same vote for me
that the other councils (have cast), remembering that I am not giving
account of money of the state which I have managed, nor that I am not
rendering an account of any office which I have held, but I am making the
argument for an obol only. 27. And so you will understand the justice of
the matter, and I with justice from you will have this favor, and this
man for the future will learn not to plot against those weaker than
himself, but to get ahead of men like himself.
Pages:
1 |
2 |
3 |
4 |
5 |
6 |
7 | 8 |
9 |
10 |
11