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+The Project Gutenberg EBook of The Orations of Lysias, by Lysias
+
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+Title: The Orations of Lysias
+
+Author: Lysias
+
+Release Date: November, 2004 [EBook #6969]
+[Yes, we are more than one year ahead of schedule]
+[This file was first posted on February 18, 2003]
+
+Edition: 10
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+Language: English
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+Character set encoding: ASCII
+
+*** START OF THE PROJECT GUTENBERG EBOOK THE ORATIONS OF LYSIAS ***
+
+
+
+
+This eBook was produced by Robert Nield, David Starner,
+Charles Franks and the Online Distributed Proofreading Team.
+
+
+
+
+Handy Literal Translations.
+
+THE ORATIONS OF LYSIAS
+
+_LITERALLY TRANSLATED_
+
+
+
+
+CONTENTS.
+
+
+THE ORATIONS:
+
+II.     FUNERAL ORATION
+
+V.      FOR CALLIAS
+
+VII.    THE OLIVE TREE
+
+IX.     POLYAENUS
+
+X.      THEOMNESTUS
+
+XII.    ERATOSTHENES
+
+XIII.   AGORATUS
+
+XIV.    ALCIBIADES
+
+XVI.    MANTITHEUS
+
+XVII.   PROPERTY OF ERATON
+
+XIX.    PROPERTY OF ARISTOPHANES
+
+XXII.   THE GRAIN DEALERS
+
+XXIII.  PANCLEON
+
+XXIV.   THE CRIPPLE
+
+XXV.    REPLY TO "THE OVERTHROW OF THIS DEMOCRACY"
+
+XXVIII. ERGOCLES
+
+XXX.    NICOMACHUS
+
+XXXI.   AGAINST PHILON
+
+XXXII.  DIOGEITON
+
+XXXIII. PANEGYRIC
+
+
+
+
+ORATION II.
+
+FUNERAL ORATION.
+
+
+1. If I thought it were possible, O fellow-citizens who are assembled at
+this burial-place, to set forth in words the valor of those who lie here,
+I should blame the men who invited me to speak about them at a few days'
+notice. But as all time would not be sufficient for (the combined
+efforts) of all men to prepare an address adequate to their deeds, the
+city seems to me, in providing for men to speak here, to make the
+appointment at short notice, on the supposition that the speakers would
+under the circumstances meet with less adverse criticism.
+
+2. And though my words relate to these men, the chief difficulty is not
+concerning their deeds, but with those who formerly spoke upon them. For
+the valor of these men has been the occasion of such abundance (of
+composition), both by those able to compose, and those wishing to speak,
+that, although many noble sentiments have been uttered about them by men
+in the past, yet much has been left unsaid, and enough can yet be spoken
+at the present time. For they have experienced perils on land and sea,
+and everywhere and among all men, who, while bewailing their own hard
+fate, yet sing the praises of the courage of these men.
+
+3. First, then, I will review the hardships of our ancestors, following
+the traditions. For all men should keep them too in mind, both
+celebrating them in song, speaking of them in maxims about the good,
+honoring them at such times as this, and instructing the living by the
+deeds of the dead.
+
+4. The Amazons were once the daughters of Ares, living by the river
+Thermodon, and they alone of the inhabitants of that region were armed
+with metal, and first of all they mounted horses, by which they
+unexpectedly, because of the inexperience of their adversaries, overtook
+those who fled from them, and they left their pursuers far behind. So for
+their spirit they were thought men, rather than women for their nature.
+For they seemed to surpass men in spirit rather than to be inferior in
+_physique_.
+
+5. And after they had subdued many tribes and in fact enslaved the
+surrounding nations, they heard great reports about this country, and for
+the sake of glory took the most warlike of their tribes and marched
+against this city. And after they met these brave men, they came to have
+their souls like their nature, and with changed hearts seemed to be women
+rather from their conduct in danger than from their forms.
+
+6. And they alone were not allowed to learn from experience and to plan
+better for the future, and they might not go homeward and tell of their
+discomfiture and the valor of our ancestors; for they died here and paid
+the penalty for their rashness, and made the memory of this city immortal
+through valor, and rendered their own country nameless through their
+defeat here. These women then, through their unjust desire for a country
+not their own, justly lost their own.
+
+7. After Adrastus and Polyneices had joined in the expedition against
+Thebes and had been worsted in battle, the Thebans would not let them
+bury their dead. So the Athenians, who believed that if these men did
+wrong they had (already) the greatest punishment in death, and that the
+gods of the lower world were not receiving their due, and that by the
+pollution of holy places the gods above were being insulted, first sent
+heralds and demanded them to grant the removal of the dead, (8) thinking
+it the part of brave men to punish their enemies while alive, but of men
+who distrusted themselves to show their courage on the bodies of the
+dead. As they were unable to obtain this favor, they marched against the
+Thebans, although previously there was no reason for hostility against
+them, and not because they were trying to please the living Argives, (9)
+but because they believed those who died in battle should obtain the
+customary rites, they ran into danger against the Thebans in the
+interests of both, on the one hand, that they might never again offer
+insult to the gods by their treatment of the dead, and on the other, that
+they might not return to their country with disgrace attached to their
+names, without fulfilling Greek customs robbed of a common hope. 10. With
+this in mind, and thinking that the chances of war are common to all men,
+they made many enemies, but with right on their side they came off
+victorious. And they did not, roused by success, contend for a greater
+punishment for the Thebans, but they exhibited to them their own valor
+instead of their impiety, and after they had obtained the prizes they
+struggled for, the bodies of the Argives, they buried them in their own
+Eleusis. Such were they (who fought) for the dead of the Seven at Thebes.
+
+11. And afterwards, after Heracles had disappeared from men, and his
+children fled from Eurystheus and were hunted by all the Greeks, who,
+though ashamed indeed of what they did, feared the power of Eurystheus,
+they came to this city and took refuge at the altars. 12. And though
+Eurystheus demanded it, the Athenians would not give them up, but they
+reverenced the bravery of Heracles more than they feared their own
+danger, and they thought it more worthy of themselves to contend for the
+weak on the side of justice than to please those in power and surrender
+those wronged by them. 13. And when Eurystheus marched on them at that
+time at the head of the Peloponnesus, they did not change their minds on
+the approach of danger, but held the same opinion as before, though the
+father (_Heracles_) had done them no special good, and the Athenians
+did not know what sort of men these (children) would turn out to be. 14.
+But they thought it was a just course of action, though there was no
+previous reason for enmity with Eurystheus, and they had no longer hope
+of reward except that of a good reputation; so they incurred this danger
+for the boys, because they pitied the down-trodden, and hated the
+oppressors, and tried to hinder the latter and aid the former, believing
+it a mark of liberty to do nothing by compulsion, and of justice to aid
+the wronged, and of courage to die, if need be, fighting for both. 15.
+And both were so proud that Eurystheus and his party did not seek to gain
+any favor from willing men, and the Athenians were unwilling that
+Eurystheus, even if he came as a suppliant, should drive out their
+suppliants. So they summoned a force and fought and conquered the army
+from the whole of Peloponnesus, and brought the children of Heracles to
+safety, dispelled their fear and freed their souls, and because of their
+father's courage they crowned them with their own perils. 16. And they,
+while children, were much more fortunate than their father; for he,
+though bringing much happiness to all men, made his own life full of toil
+and strife and emulation, and punished others who were wrong-doers, but
+he could not punish Eurystheus who was his enemy and had sinned against
+him. But his sons through this city saw on the same day their own safety
+and the punishment of their enemies.
+
+17. So many occasions came to our ancestors for fighting for this idea of
+justice. For the commencement of their life was just. For they were not,
+like many, collected from all quarters, and they did not settle here
+after expelling the earlier inhabitants, but they sprang from the soil
+and it was both their mother and country. 18. And they were the first and
+only ones at that time to banish the ruling families and establish a
+democracy, in the belief that freedom of all is the greatest harmony, and
+making the rewards of their dangers common, they administered the
+government with free minds, (19) by law honoring the good and punishing
+the bad, for they thought the wild beasts struggle with one another, but
+it is fitting for men to define justice by law, and to obey argument, and
+to serve these by their actions ruled by law and taught by argument.
+
+20. So being of noble descent and of one mind, the ancestors of these who
+lie here did many brave and wonderful things, and their descendants
+everywhere left by their valor everlasting memorials of themselves. For
+in behalf of all Greece they risked their lives before the countless
+hordes of barbarians. 21. For the king of Asia, not satisfied with his
+own fortunes, but hoping to enslave Europe, sent an army of five hundred
+thousand. And thinking, if they could make this city a willing ally or
+subdue against its will, they would easily reduce the rest of Greece,
+they went to Marathon, believing that the Greeks would be deserted by
+their allies, if they should bring on the conflict while Greece was still
+undecided how it was best to ward off the invaders. 22. And still such an
+opinion prevailed among them about the city from the previous conflicts,
+that they believed if they should advance against another city, they
+would contend with both that and the Athenians; for these would eagerly
+come to aid the oppressed; but if they should come here first, no other
+Greeks would dare by aiding others to bring on themselves open hostility
+(for the sake of the Athenians). 23. These then were their plans; but our
+ancestors, taking no account of the dangers in war, but believing that
+glorious death left immortal testimony to good deeds, did not fear the
+multitudes of the enemy, but trusted their own valor. And being ashamed
+that the barbarians were in their country, they did not wait for their
+allies to learn of the matter and aid them, and they did not think they
+ought to be indebted for their rescue to others, but the other Greeks to
+them. 24. With one accord they rushed forward, few against many; for they
+believed death was theirs in common with all men, and they were brave
+with only a few, and on account of death their lives were not their own,
+and they would leave a memory of themselves from their dangers. And they
+thought that even with allies they could not have conquered those whom
+they did not conquer alone. And if worsted, they would perish only a
+little before the rest, and if they conquered, they would free the
+others. 25. And becoming brave men they did not spare themselves, and did
+not grudge their lives for valor, rather reverencing the traditions among
+them, than fearing the danger from the enemy. So they erected trophies
+for Greece in their country on the borders, over the barbarians who for
+gain had invaded a foreign land. 26. So quickly they incurred this danger
+that the same messengers announced to the other Greeks that the
+barbarians had made the invasion, and that our ancestors had conquered.
+No one of the rest (of the Greeks) feared for a coming danger, but
+rejoiced over their own safety. So it is not remarkable when such things
+happened long ago if the glory of them as if recent is still lauded by
+all men. 27. And after this, Xerxes, the king of Asia, despising Greece,
+and buoyed up by false hopes, and disgraced by the past, and grieved at
+the disaster, angry at its causes, untried by defeat, and with no
+experience with brave men, prepared for ten years and came with twelve
+hundred ships, and led a multitude of foot so vast that it would be a
+task indeed to recall all the tribes collected with him. 28. And the
+greatest proof of its size is this; when he could have transported his
+infantry on a thousand boats across the narrowest part of the Hellespont
+from Asia to Europe, he did not wish to, believing it would take much
+time. 29. But overlooking the natural obstacles and the deeds of the gods
+and human intelligence, he made a road through the sea, and forced a
+voyage through the earth, joined the Hellespont, and channeled Athos. No
+one agreed, but some reluctantly submitted, and others gave way
+willingly. For they were not able to ward him off, but some were
+corrupted by bribes. And both were persuasive, gain and fear. 30. But the
+Athenians, while Greece was in this condition, embarked and helped at
+Artemisium, and the Lacedaemonians and some of the allies met at
+Thermopylae, thinking on account of the narrowness of the pass they could
+check their advance. 31. But when the crisis came, at the same time the
+Athenians conquered in the naval battle, but the Lacedaemonians
+(perished), not failing in courage, but deceived in the number (of the
+enemy). For they thought they would ward off the enemy and so risk (their
+lives), (and they were) not worsted by the enemy, but died where they
+were ordered to fight, (32) and in this way the Spartans were unfortunate
+while the Persians gained entrance. They marched to this city, and our
+ancestors, learning of the misfortune of the Spartans, and in perplexity
+in the dangers which surrounded them, knowing that if they should attack
+the enemy by sea they would sail with a thousand ships and take the city
+deserted, and if they embarked on triremes they would be taken by the
+land army, and they could not do both, ward off (the enemy) and leave
+sufficient guard behind, (33) while these two questions were before them,
+whether it was best to leave their country or going over to the
+barbarians to enslave the Greeks, they believed that freedom with virtue,
+poverty and exile was better than slavery of the country with disgrace
+and plenty, so for the sake of Greece they left the city, that against
+each in turn but not against both they might risk their forces. 34. So
+they placed the children and women in Salamis, and collected the naval
+force of the allies. Not many days after, the infantry and the sea-force
+of the barbarians came, (a force) which any one would fear, considering
+how great and terrible a danger was encountered for the sake of the
+freedom of Greece. 35. And what feelings had those who saw them in those
+ships, while their safety was hazardous and the approaching conflict of
+doubtful issue, or those who were about to contend for their loved ones,
+for the prizes in Salamis? 36. Such a multitude of the enemy surrounded
+them from all sides that the least of their impending dangers was the
+prospect of death, and the greatest calamity was what they expected to
+suffer in subjection to the victorious barbarians. 37. Doubtless through
+their trials they frequently pledged one another, and probably
+commiserated their own fortunes, knowing how few were their own ships and
+seeing many of the enemy's, and realizing that the city was being
+devastated and filled with barbarians, and the temples burned, and ruin
+close at hand. 38. They heard together the paean of Greek and barbarian,
+the exhortations of both and the cries of the vanquished, the sea full of
+the dead, wrecks coming together, both friend and foe, and because the
+battle was long undecided, thinking now they have conquered and are
+saved, now they are worsted and lost. 39. Surely through their fear they
+thought to see much they did not see, and to hear much they did not hear.
+What prayers did not rise to the gods, or reminders of sacrifices,
+compassion for children, longing for wives, pity for parents and
+meditations on what would result in case of defeat? 40. What god would
+not pity them for the magnitude of the danger? What man would not weep?
+Who would not wonder at their daring? Truly these surpassed all men by
+far in point of courage, both in their plans and in the face of the
+danger, leaving the city, embarking upon the ships, opposing their own
+lives, few as they were, to the Persian host. 41. And they showed all men
+by their naval victory that it is better to struggle for freedom with a
+few than for their own slavery with many subjects of the king. 42. These
+made the greatest and most honorable contribution in behalf of the
+freedom of the Greeks, the general Themistocles, best able to speak, to
+understand and to act; more ships than the allies, and men of the most
+experience. And who of the other Greeks would have claimed to be equal in
+intelligence, numbers and courage? 43. So that justly they took without
+dispute the rewards of the naval battle from Greece, and gained success
+in proportion to their dangers and proved to the Asiatic barbarians that
+their courage was genuine and native.
+
+44. So in the naval battle they conducted themselves thus and incurred
+the greatest part of the danger, and by their own valor gained freedom
+for themselves and the rest. Afterwards when the Peloponnesians were
+putting a wall across the Isthmus and were content with their own safety,
+supposing they were rid of the danger by sea, and intending to watch the
+rest of the Greeks falling into the power of the barbarians, (45) the
+Athenians were angry and advised them if they had this idea to put a wall
+about all the Peloponnesus; for if they, betrayed by the Greeks, should
+act with the Persians, they would have no need of their thousand ships,
+nor would the Isthmian wall help the Peloponnesians. For the control of
+the sea would be the king's without trouble. 46. And they were convinced
+and realized they were doing wrong and making poor plans, and that the
+Athenians spoke fairly and were giving them the best advice, and so they
+sent aid to Plataea. And when most of the allies under cover of night
+fled from the ranks because of the numbers of the enemy, the
+Lacedaemonians and the Tegeans put the barbarians to flight, and the
+Athenians and the Plataeans conquered in the fight all the Greeks who had
+despaired of freedom and submitted to slavery. 47. And on that day they
+brought about the most glorious conclusion of all their trials, and
+secured freedom for Europe, and in all times of danger they are
+acknowledged by all, both those with whom and against whom they fought,
+to have proved their own valor, both alone and with others, both on land
+and on sea, against barbarians and Greeks, and to have become the leaders
+of Greece.
+
+48. Later, when the Greek war broke out through jealousy as to the past
+and envy of what was done, while all were envious and each needed but
+small grievances, when a naval battle was fought by the Athenians against
+the Aeginetans and their allies, they took seventy triremes. 49. And
+while they were struggling with Egypt and Aegina at the same time, and
+while the men of military age were away on sea and in the army, the
+Corinthians and their allies, thinking they would either attack a
+deserted country or they (_the Athenians_) would withdraw from
+Aegina, marched out and took Gereneia. 50. And the Athenians, some being
+at a distance and some near, did not dare to summon either, but trusting
+their own spirits and despising the invaders, the old men and the boys
+thought they alone could face the danger, (51) the former gaining courage
+from experience and the latter from their natures. And they in themselves
+became brave and the boys imitated them, the older men knowing how to
+command and the boys being able to obey commands. 52. Under the
+leadership of Myronides they set out for Megaris and conquered in battle
+all the forces (of the enemy), by those past service and those not yet
+ready for it, going into a foreign country to meet those who presumed to
+invade theirs. 53. And they set up a trophy for this glorious deed of
+theirs, and shameful act of the enemy, and the men, some no longer strong
+in body, the rest not yet strong, became greater in spirit and went back
+home with great renown, the latter to their teachers, the former to
+meditate on the future.
+
+54. It is no easy task for one man to enumerate the brave deeds of so
+many, nor to tell in a single day the acts of all time. For what speech
+or time or orator could adequately testify to the valor of these men
+lying here? 55. For after countless struggles and signal contests and
+glorious encounters they have made Greece free, and proved their country
+the greatest, which ruled the sea for seventy years, kept the allies from
+revolt, (56) not permitting the many to be enslaved by the few, but
+forcing all to share alike, nor weakening the allies, but establishing
+them, so that the great king no longer longed for others' goods, but
+yielded up some of his own possessions and trembled for the future. 57.
+No ships sailed for Asia in that time, nor was a tyrant established among
+the Greeks, nor was a Greek city enslaved by the barbarians. Such was the
+moderation and fear their valor produced on all men. For this reason they
+alone must be the champions of the Greeks and leaders of the cities.
+
+56. And also in adversity they showed their valor. For when the ships
+were lost in the Hellespont, either through the fault of the commander or
+by the will of the gods, and when that great disaster resulted to us and
+all the Greeks, they showed not long after that the power of the city was
+the safety of Greece. 59. For under the leadership of others those
+conquered the Greeks in naval battle who formerly had not embarked upon
+the sea, and they sailed to Europe, and enslaved Greek cities and
+established tyrannies, some after our disaster, and some after the
+victory of the barbarians. 60. So it would be fitting for Greece to
+grieve at his tomb, and bewail those who lie there, as if her freedom
+were buried with their valor, so unfortunate is Greece in being bereft of
+such men, and so fortunate is the king of Asia in meeting other leaders;
+for bereft of these, slavery is their fate, while in the others a desire
+springs up to emulate the wisdom of their ancestors.
+
+61. But I have been led off to lament for all Greece; but it is fitting
+to remember these men both in private and in public, who hated slavery
+and fought for justice and struggled for the democracy, and having made
+all men their enemies they went to the Piraeus, not compelled by law, but
+impelled by instinct, imitating in fresh dangers the valor of their
+ancestors, (62) and by their own courage securing the city as a common
+possession for the rest also, choosing death and liberty rather than life
+and slavery, no less through shame of their lack of success than through
+anger at their enemies, preferring to die in their own country to living
+in a foreign land, having as allies oaths and agreements, and as enemies
+both the former ones and their own citizens. 63. But not fearing the
+number of their opponents, but risking their own lives, they set up a
+trophy to their enemies, and as evidence of their valor they buried the
+Lacedaemonians near this memorial. For they proved the city great and not
+small, and rendered it harmonious and not dissentious, and erected the
+walls instead of pulling them down. 64. And those of them who returned,
+showing plans like the deeds of those who lie here, devoted themselves
+not to the punishment of their enemies but the safety of the city, and
+neither being able to suffer encroachment on their privileges nor
+desiring to have more, give a share of their freedom even to those
+wishing to be in slavery, but they were not willing to share their
+slavery. 65. And with the bravest and most glorious deeds they repelled
+the charges against them, that the city met with disaster, not by their
+cowardice nor the enemy's valor. For if in dissension with one another
+they could enter their own country in spite of the presence of the
+Peloponnesians and their other enemies, evidently if they had been agreed
+they would have made a stand against them.
+
+66. So those are admired by all men for their perils at the Piraeus. And
+it is also fitting to praise those lying here, who aiding the people and
+fighting for our safety, regarded valor as their country and so ended
+life. For this the city bewailed them and gave them a public funeral and
+granted them to have for all time the same honor as the citizens.
+
+67. Those who are now buried, aiding the Corinthians who were wronged by
+their old friends, became renewed allies, not sharing the ideas of the
+Lacedaemonians, (for they envied their good fortunes, while the former
+pitied them when wronged, not remembering the previous hostility, but
+caring more for the present friendship) made evident to all men their own
+valor. 68. For they dared, trying to make Greece great, not only to incur
+danger for their own safety but to die for the liberty of their enemies;
+for they fought with Sparta's allies for their freedom. And when
+victorious they thought them worthy of the same privileges which they
+enjoyed, and if unsuccessful they would have fastened slavery firmly on
+the Peloponnesians.
+
+69. As they so conducted themselves their life was pitiful, and their
+death desired; but these lived and died praised, being brought up in the
+virtues of their ancestors, and on becoming men they kept their fame
+untarnished and exhibited their own valor. 70. For they brought many
+benefits to their country, and made good the ill-successes of others, and
+carried war far from their own land. And they ended their lives as the
+good should die, having paid what is due to the country and leaving grief
+for those who trained them. 71. So it is fitting for the living to bewail
+these men and pity themselves and pity their relatives in future. For
+what pleasure will there be left them after these men are buried, who
+from their belief in the importance of virtue before all else lose their
+lives, made their wives widows and their children orphans, and rendered
+desolate their brothers, fathers and mothers. 72. For their many
+sufferings, I envy the children who are too young to know of what sort of
+parents they are bereft, and I pity their parents who are too old to
+forget their trial. 73. For what could be more terrible than this, to
+have and bring up children, and in old age become helpless and without
+hope, become friendless and without resources, and be pitied by the same
+ones who once envied them, and have death seem more to be desired than
+life? The braver men they were, the greater the grief for those left
+behind. 74. And how are they to cease grieving? In the crises of the
+state? But others should fittingly remember them at such a time. In the
+time of common prosperity? But is it then reasonable that they grieve, as
+their children are dead, and the living are reaping the benefits of their
+valor? But in private troubles, when they see those formerly their
+friends leaving them in their distress, and their enemies exulting over
+their misfortunes? 75. It seems to me that the only return we can make to
+these lying here is to treat their parents as themselves, and show a
+father's love to their children, and render such aid to their wives as
+they would if living. 76. For to whom do we owe greater thanks than to
+these men before us? Whom living should we make more of than their
+relatives, who like the others share their valor, but at their death have
+only sorrow.
+
+77. But I know not why we should grieve. For we were not unaware that we
+were mortal. So why should we now mourn for those (who have suffered)
+what we have long realized we should suffer, or why be so downcast at
+natural occurrences, in the knowledge that death is the common experience
+of the evil and the good? For he (_Death_) neither overlooks the
+base nor loves the good, but comes equally to all. 78. For if it is
+possible for men who escaped dangers by word to be immortal for all time,
+the living would bewail the dead for all time. But now nature, subject to
+diseases and old age and the divinity who presides over our fates are
+inexorable. 79. So it is fitting to regard those men most fortunate, who
+have met their end, risking their lives for the noblest and best things,
+not entrusting themselves to fortune, nor waiting the appointed death,
+but choosing the noblest. For memories of them are undying, and their
+honors envied by all men. 80. They are mourned as mortal for nature's
+sake, but are sung of immortal for their valor. For they are publicly
+buried, and for them are held contests of strength and wisdom and wealth,
+as if those dying in war are to receive the same honor as the immortals.
+81. Thus I praise their death and envy (them), and they are the ones of
+all men who I believe are the happiest in coming into the world, who,
+though in possession of mortal bodies, have left an immortal memory for
+their valor. But yet we must observe the usual customs and keeping our
+ancestral rites, mourn the dead.
+
+
+
+
+ORATION V.
+
+FOR CALLIAS.
+
+
+1. If Callias were contending for anything else than for his freedom,
+gentlemen of the jury, I should be satisfied with what the others have
+said. But now I think it would be a shame not to aid Callias as well as I
+can, as far as justice warrants it, for he demands and begs me (for the
+service), and is a friend of mine and (was) of my father as long as he
+lived, and many business transactions took place between us. 2. I used to
+think that he so conducted himself in the city as to obtain some honor at
+your hands much rather than be brought into such danger on such a charge
+(as this). But now designing men make life no less dangerous for the
+innocent than for wrong-doers.
+
+3. And you ought not to reward as trustworthy the testimony of his
+slaves, and as unreliable the evidence of these men, when you recall that
+no one, either a private citizen or an official, ever brought an action
+against Callias, but while living in this city, he benefited you in many
+ways, and he has reached this time of life without incurring any charge
+at all. These, on the other hand, while they have suffered greatly during
+their lives, and gone through much misery, just as if they worked much
+good, make speeches on questions of freedom. And I do not wonder. 4. For
+they know that if they are caught in lies they will have no worse lot
+than at present, and if they pull the wool over your eyes they will be
+freed from their present miseries. Moreover, it is not right to consider
+as trustworthy, either as accusers or witnesses, such men as give
+testimony about others at a great gain to themselves, but much rather
+such only who run some risk by aiding public interests. 5. Also it seems
+to me fair to consider that the trial is not confined to these men, but
+is of importance to all in the city. For these are not the only ones who
+own slaves, but all other citizens also. And the (slaves), fixing their
+attention on the fate of these, will no longer watch to see what good
+action they may do to their masters to gain their freedom, but what
+slanderous accusation they may make (to obtain it).
+
+
+
+
+ORATION VII.
+
+THE OLIVE TREE.
+
+
+1. I used to think, (members of the) Boule, that it was possible, if one
+wished, to keep quiet, and not to be troubled with lawsuits and vexatious
+business; but I have now fallen in with such unlooked-for charges and
+such villainous accusers that, were it possible, it seems to me even
+unborn generations must fear for what is before them. For through this
+sort of men those who have done no wrong are in as great danger as those
+who have committed the greatest crimes. 2. The trial is the more
+perplexing to me, as I was first charged on the indictment with having
+cut down a sacred olive on my land; and my accusers went to the men who
+had bought the fruit of the olives, making inquiries. As they could find
+no proof against me in this way, they now charge me with having cut down
+an old stump, thinking that this charge will be the hardest for me to
+gainsay, and the easiest for them to prove what they wish. 3. And I am
+compelled, on matter which they have brought into court fully worked up,
+to fight for the enjoyment of country and property, having only heard the
+charges at the same moment as you who are to decide the case. So I shall
+tell you everything from the beginning.
+
+4. The place formerly belonged to Peisander. When his estate was
+confiscated, it was given by the people to Apollodorus of Megara. He
+farmed it some time and a little while before the time of the Thirty,
+Anticles bought it of him and let it. And I bought it of Anticles in time
+of peace. 5. So I think, (members of the) Boule, that it is my duty to
+prove that when I bought the place there was not an olive tree nor stump
+upon it. For, if before that time there had been ten thousand olives, I
+don't think I could justly be made to suffer for it. If the olives were
+not injured by me, I could not be held accountable for the crimes of
+others. 6. You all know that among the other evils caused by the war was
+this, that while estates at a distance from the city used to be plundered
+by the Lacedaemonians, the estates near it used to be sacked by our own
+citizens. Would it be at all just for me to pay the penalty for the
+damage done by our public disasters? Especially as the place, on account
+of its confiscation, was abandoned for more than three years. 7. It is
+not to be wondered at if olive trees were destroyed at a time when it was
+impossible for us to protect our own property. You know, (members of the)
+Boule, especially such of you as have charge of these things, that there
+were at that time many places thick with olives, both private and sacred
+ones, most of which have now been cut down, and the land has become bare.
+You would not think of inflicting punishment on those who owned the place
+in peace and war, when it was other people who out them down. 8. If those
+who farmed the place at different times of the period are not held
+responsible, all the more ought those who did not buy until the peace, be
+considered harmless by you.
+
+9. However much I might say about the place before I bought it, I think I
+have said enough. Within five days after I obtained the place I let it
+out to Callistratus in the archonship of Pythodorus. 10. He farmed it two
+years, receiving no olive tree, sacred or otherwise, nor any olive stump.
+Demetrius had it the third year. In the fourth year I let it to Alcias, a
+freedman of Antisthenes who has been dead three years. Finally, Proteus
+hired it. Come here, witnesses.
+
+WITNESSES.
+
+11. When that time elapsed I farmed it myself. My accuser says that it
+was during the archonship of Sumiades that I out down the olive. But
+those who farmed it before I did, and hired it many years of me, assure
+you that there was no olive on the place. What can be clearer than that
+my accuser is lying? It could not be possible if there were no tree
+there, that I, farming the place last, cut it down.
+
+12. Formerly, (members of the) Boule, when men said that I was sharp and
+careful, and would do nothing without a plan and purpose, I was annoyed
+and preferred that they should speak of me as they ought; now, however, I
+should like all of you to have this opinion about me, that you may
+believe that I took good care to see--since (as he says) I was taking
+such matters in hand--what profit there was in cutting it down, and what
+penalty for so doing, what good I should have had if I escaped detection,
+and what I should have suffered at your hands if I was detected. 13. For
+men do not do things of this kind out of lawlessness, but for gain. And
+it is fitting for you to see to it that the prosecutors make their charge
+on this ground, proving what advantage (the accused have) in doing this
+wrong. 14. (Nicomachus) cannot show that I did it on account of my
+poverty, nor that the value of the place was lessened for me by the olive
+being there, nor that it interfered with the vines, or was near the
+house, nor that I was ignorant of the danger I was in before you for
+doing it. But I can show you that a tremendous penalty would have been
+the result, had I cut it down. 15. For I was cutting the olive in broad
+daylight, as though, so far from keeping it a secret from all, it was
+necessary for every Athenian to know it. If the deed had been merely a
+disgrace, perhaps a chance passer-by would not have troubled himself
+about it. I was risking not disgrace, but great punishment. 16. Should I
+not be the most wretched of all men if my slaves, being acquainted with
+my crime, became no longer my slaves, but my masters for the rest of my
+life? For I could not punish them for the greatest offense they might
+choose to give. For they would know well that it was in their power, by
+turning informers, to be revenged on me and get their own freedom. 17.
+Supposing it had entered my head to disregard my slaves, how should I
+have dared, when so many persons had rented the place, and every one of
+them would have known it, to cut down the olive merely for gain?
+Especially since, as there is no limit to the liability of those who
+farmed the place, it equally concerned them all that the stump should
+remain intact, so that if any one charged them they could transfer the
+charge to their successor. They have evidently cleared me, and if they
+have lied have become participants in the crime.
+
+18. Again, supposing I had squared matters with them, how could I have
+bribed all who are present or the neighbors, who not only know about each
+other's public affairs, but also about those we try to keep a secret from
+all. Some of these are my friends, but others are not on good terms with
+me. 19. These my accuser should have brought as witnesses, and not made
+the charge at random. He says I stood near while my slaves cut out the
+stump and the driver put the stump in his cart and went away with the
+wood. 20. Then was the time, Nicomachus, for you to summon the witnesses
+who were there and show up the crime. You would have left me no escape,
+and if I were hated by you, you would have had revenge in this way. If
+you did it from patriotism, having (21) exposed me in this manner, you
+would not seem to be an informer, and if you desired gain, in this way
+could you have obtained most. As the crime was clear I should have had no
+means of safety if I did not bribe you. As you did none of these things,
+you seem, by your assertions, to be destroying me, having said in the
+prosecution that no one wishes to testify on account of my influence and
+wealth. 22. If, when you said you saw me cutting down the olive, you had
+brought the nine archons or some one else from the Areopagus, no further
+witnesses would be needed. For thus the very men who judge the case would
+have known that you spoke the truth. 23. I am placed in a very unfair
+position. If he had produced witnesses he would have expected you to
+believe them, but since he has none he thinks to turn this to my
+disadvantage. And I do not wonder at this. For in a case like this he
+would not lack witnesses and arguments at the same time. But I do not
+think you hold the same opinion he does. 24. You know that there were in
+the country, in other places of mine, many olives and burnt stumps which,
+if I had set my heart, upon it, it would have been much easier for me to
+injure, cut down and encroach upon, as my crime was likely to be less
+apparent on account of the number of trees. 25. Thus I make them as much
+account as my country and other possessions, running the risk I do of
+losing both. I shall bring before you as witnesses those men who act as
+inspectors every month, and send collectors every year. No one of these
+men ever fined me for farming the ground about the olive. 26. It is very
+probable that taking such care about the small fines I should pay no
+attention whatever to my bodily safety. Am I shown to take such care of
+the many olives, against which I might have committed the trespass, but
+called to account for the very olive which it was not possible to dig up
+without detection? 27. Was it not easier for me, (members of the) Boule,
+to break the laws during the Democracy than under the Thirty? I do not
+say this because I had any influence at that time or as being now in a
+position of distrust, but it was easier for any one who wished to do
+wrong then than it is now. I am not charged with doing this or any
+other wrong during that time. 28. Unless I of all men had been most
+ill-disposed to myself, how could I have attempted to cut an olive from a
+piece of ground on which there was not a single tree except, as he says,
+the stump of one olive, about which the road ran on both sides, with
+neighbors dwelling on all sides, and perfectly open to the view of all?
+Would any one have been so utterly reckless, such, being the case, as to
+have done such a deed? 29. I think it strange that those men appointed by
+the city to look after the sacred olives never fined me for encroaching
+upon the trees nor brought me to trial on the charge of cutting them
+down, but that this man, who is not a neighbor, nor an inspector, nor old
+enough to know about such things, has entered me on the indictment as
+having destroyed an olive.
+
+30. I wish you not to place more trust in the assertions of my accuser
+than you do in the facts themselves, nor accept the word of my personal
+enemies in matters which you yourself know about, but to form your
+opinions from what I have told you and from the rest of my conduct as a
+citizen. 31. For I did everything allotted to me in a grander manner than
+I was compelled to do by the state: equipped a trireme, supplied a
+chorus, and performed all my other duties more expensively than the rest
+of the citizens. 32. If I had done these things in a moderate way, and
+not expensively, I should not be fighting against exile and for my
+possessions, but should be worth more and not unjustly be on trial for my
+life. If I had committed the crime with which he charges me I should have
+gained nothing, but only brought myself into difficulty. 33. You all
+would agree that it is more just to accept weighty proofs in a great case
+and to regard as more trustworthy those things to which the whole city
+testifies, than those which the prosecutor alone asserts.
+
+34. Look at the case, (members of the) Boule, from what took place
+besides. I went to him, and in the presence of witnesses said that I now
+had all the slaves of which I had been possessed at the time I bought the
+place, and I was ready, if he wished, to give them up to be tortured,
+thinking that this would be the strongest test of his assertions and of
+the facts. 35. But he would not take them, saying that there was no
+trusting slaves. It seems to me strange that slaves when tortured make
+damning statements about themselves, knowing well that it will kill them,
+but prefer to be tortured than to inform on their masters to whom they
+are naturally ill-disposed, when by doing so they could free themselves.
+36. If Nicomachus had asked for them, and I had refused to give them up,
+it would be evident that I thought them conscious of my guilt. As he did
+not wish to take them when offered, you rightly can have the same opinion
+about him, for the danger was not by any means evenly divided. 37. Had
+they denounced me, there would have been no escape for me. If they had
+not testified what he wished he would have suffered no penalty. So that
+it devolved a great deal more on him to take them than on me to offer
+them. But I was thus zealous, thinking it was for my interest to have you
+learn the truth of the matter either from the evidence of slaves or
+freedmen or facts.
+
+38. Consider then, (members of the) Boule, whether you ought to trust me
+for whom many persons have given testimony, or my accuser for whom no one
+dares testify, and whether it is more likely that he lied when there was
+no risk to himself, or that in the face of such great danger I committed
+the act, and whether you think he made the accusation merely for the good
+of the city or as an informer.
+
+39. For I think you know that Nicomachus, induced by my personal enemies,
+brought the case into court, not hoping to prove me guilty, but expecting
+to be bribed. For, in proportion as such charges are most easily imputed
+and most difficult to refute, so much the more do all men endeavor to
+avoid them. 40. I, (members of the) Boule, did not think it right (to
+shun trial), but when he brought the charge submitted myself entirely to
+your disposal, nor did I try to conciliate any one of my enemies who
+speak evil of me rather than praise themselves. No one ever attempted to
+do me any open injury, but set on me men of such a character as these in
+whom you cannot justly place any confidence. 41. I should be the most
+wretched of all men if I were driven unjustly into exile, childless and
+alone, leaving my home desolate, my mother in need of everything,
+deprived of my country on the most disgraceful charges, although I have
+been engaged in many sea-fights and many battles, and have conducted
+myself in an orderly manner both under the Democracy and under the
+Oligarchy.
+
+42. I do not know, (members of the) Boule, that it is necessary for me to
+say anything more. I have shown you that there was not an olive on the
+place, and I have brought witnesses and proof. You must judge the case,
+bearing in mind that you should learn from this man why, when it was
+possible to catch me in the act, he brings the accusation after so long a
+time, (43) and why, although bringing no witness, he wants you to trust
+his mere assertions when he could have arrested me in the act, and why,
+although I offered him all the slaves who he says were present, he
+refused to take them.
+
+
+
+
+ORATION IX.
+
+POLYAENUS.
+
+
+1. What purpose have the prosecutors in disregarding the main point, and
+trying to attack my character? Are they not aware that they should speak
+about the question at issue? Or do they indeed understand this, but
+thinking to divert your attention, present more arguments in regard to
+every sort of matter than about what they should (speak)? 2. I see
+clearly that they speak, not because they have a small opinion of me, but
+of their case. I should not be surprised if they supposed that you would
+be persuaded by their slanders and convict me. 3. I did think, gentlemen
+of the jury, that my trial was in regard to the accusation, not in regard
+to my character. But since the prosecutors attack that, I must make my
+defense on all sides. First then, I shall tell you about the writ.
+
+4. Two years ago I came to the city, but lived here only two months when
+I was put on the list for military service. When I found out it had been
+done, I immediately surmised I had been chosen for no honest reason. So I
+went to the Strategus and showed I had served, but I met with no
+satisfaction. I was angered at their insults, but held my peace. 5. And
+not knowing what to do, and consulting a citizen about my course of
+action, I found out that they threatened me with imprisonment, saying
+that (I), Polyaenus, had lived in the city no less time than Callicrates.
+This conversation had been held at the bank of Philias. 6. So Ctesicles,
+the archon, and his associates imposed a fine upon me contrary to law,
+upon the accusation of some one that I spoke evil of them, the law really
+declaring "if any one speak evil of the government in council." They made
+the accusation, but did not attempt to enforce the penalty, but at the
+end of their term of office entered it on the register and gave it to the
+stewards (of the treasury). 7. The stewards however held a different view
+of the matter, and calling up those who gave them the item, demanded the
+reason for the charge. After they had heard what had happened, and
+understood the treatment I had received, at first they tried to persuade
+them to drop the matter, showing that it was not right for any citizen to
+be registered as owing a fine; but being unable to persuade them
+otherwise, they ran the risk (of being called to account) by you and
+decided to cancel the fine. 8. That I was then released by the stewards,
+you are well aware. But although believing that in reality I have been
+cleared from the charge by this showing, yet I will bring further laws
+and other pleas.
+
+LAWS.
+
+9. You have heard that the law expressly states that a fine is imposed on
+those who speak evil in the council; but I have brought witnesses that I
+did not enter the place of assembly, nor ought I to have been fined
+unjustly, nor could I with justice pay that amount. 10. For if it was
+plain I did not enter the council, and the law states that those who
+misbehave within it are to be fined, I am shown not to have transgressed
+in any way, but to have been fined unreasonably from motives of personal
+dislike without ill-doing (on my part). 11. And they were conscious that
+they acted wrongly; for they neither submitted an account of the matter
+nor came to the courts and established their proceedings as legal by a
+(judicial) vote. But then, even if these men fined me legally, and
+established their accusation before you, as the stewards remitted the
+fine, really I should have been acquitted of the charge. 12. For if they
+were competent to enforce or remit the fine, I would not with reason have
+to pay the money, though fined legally; and if it is possible for them to
+remit and they give account of their doings, if they have proceeded
+illegally, they will easily obtain the penalty which they deserve.
+
+13. You know now how I was transferred and fined; but you ought to know
+not only the reason for the charge, but the pretext for their enmity. For
+I was a friend of Sostratus before incurring their hatred, knowing that
+he had materially benefited the state. 14. But although his friend, I
+never took advantage of his power to punish an enemy nor aid a friend.
+For during his life I remained inactive through necessity and on account
+of my age, and when he died neither by word and deed did I injure any of
+his accusers, and I can say so much, from which I should deserve much
+more gratitude from my opponents than ill-treatment. Their enmity they
+showed for the reasons which have been given, although (in reality) they
+had no reason for enmity. 15. So while on oath to enroll those who had
+not served, they violated their oaths and proposed to the assembly to
+deliberate about my freedom, (16) fining me on the ground that I spoke
+evil of the government, and utterly disregarding justice, being bound to
+injure me on some plea or other. What would they have done if they were
+really going to injure me greatly and benefit themselves, they who care
+so little for their unfairness (even) when neither of these objects is
+accomplished? 17. For they had small opinion of your assembly and had no
+respect for the gods, but behaved so contemptuously and illegally as not
+to attempt to defend their acts, and at last, thinking they had not
+punished me sufficiently, finally banished me from the city. 18. While
+acting so illegally and violently, they did not care to conceal their
+unfairness, but bringing me up again on the same charges, though I have
+done no wrong, they accuse and revile me, bringing charges not at all
+corresponding to my habits, but which harmonize and accord with their own
+characters.
+
+19. These men are then eager in every way for me to meet punishment; but
+do not, I beg you, be swayed by their slanders and condemn me, nor set
+aside those who came to a better and juster decision. For these have
+acted both in accord with custom and precedent, and evidently have done
+no wrong, caring most for justice. 20. So if these (_the
+prosecutors_) act illegally, I would be somewhat disturbed,
+considering it is established to treat enemies ill and friends well; but
+if I did not meet fair treatment at your hands, I should be much more
+troubled. For then I should not seem to have been ill-treated through
+private enmity, but through the viciousness of the state. 21. Nominally I
+am contending about the writ, but actually about my citizenship. For with
+fair treatment I would remain in the city (for I trust to your decision);
+but if, being brought up by these men, I should be unjustly convicted, I
+should have to leave the city. What hope would I have to buoy me up in
+living with you, or why should I intend (to do so), knowing the desire of
+my accusers, and not knowing at whose hands to expect justice? Care then
+more for justice (than for anything else) and bear in mind that you grant
+pardon about charges evidently unjust, and do not allow those who have
+committed no wrong to meet through individual malice the most unfair
+treatment.
+
+
+
+
+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?
+
+41. Therefore I often wondered at the audacity of those speaking in their
+behalf, except when I consider that it is in their power both to do all
+evils and to praise those like them. 42. For this is not the first time
+he has acted contrary to your majority; but in the time of the Four
+Hundred, having set up an oligarchy in the camp, he fled from the
+Hellespont, deserting his ship, although the commander of it, with
+Iatrocles and others whose names I do not need to mention; and, having
+come here, he opposed those who favored a democracy. And of these things
+I will bring you witnesses.
+
+WITNESSES.
+
+43. I will pass over then his intervening life; but after the sea-fight
+and the disaster to the city took place, there being still a democracy,
+five men were made Ephors by the so-called secret societies (whence they
+began a sedition), to assemble the citizens, lead the conspirators, and
+oppose your democracy. Among them were Eratosthenes and Critias. 44. And
+they appointed commanders over the guards, and they directed what ought
+to be voted and who ought to rule, and, if they wished to do anything
+else, they were masters; so not only enemies, but also those who were
+citizens plotted against you, in order that you might vote nothing good,
+and might be in want of many things. 45. For this they knew, that they
+could not get the upper hand in any other way, but success for them
+depended on your misfortune; and they thought that you, wishing to be
+freed from your present evils, would not consider about future ones. 46.
+That it was in the power of the Ephors at that time, I will bring
+witnesses to you, not those then co-operating with him (for I should not
+be able), but those who heard Eratosthenes himself. 47. But, if they had
+been prudent, they would have borne witness against them, and would have
+severely punished the teachers of their crimes, and, if they had been
+wise, would not have considered their oaths binding to the extent of
+wronging the citizens, but for the good of the state they would have
+easily transgressed them; therefore I say such things to them. Call
+witnesses for me, and come forward.
+
+WITNESSES.
+
+48. You have heard the witnesses. At last, being established in power, he
+took part in no good deed, but in many of an opposite character. If,
+however, he were an honest man, he ought, in the first place, not to rule
+contrary to law; secondly, to inform the council concerning all the
+reports, that they were false, and that Batrachus and Aeschylides did not
+announce the truth, but told things invented by the Thirty, as agreed
+upon for the injury of the citizens. 49. And indeed, jurors, all who were
+ill disposed toward you, remained quiet just the same; for there were
+others saying and doing things which were greater evils than what could
+(otherwise) come to the city. But for those who said they were well
+disposed, why did they not show it there, both by speaking what was best
+themselves, and preventing men from doing wrong?
+
+50. But perhaps he might be able to say he was afraid, and this will be a
+sufficient excuse to some of you. (Observe) then, if he shall appear to
+be opposing the Thirty in speech; otherwise it will be evident that these
+things pleased him, and he had so much power that, although, he opposed,
+he suffered no evil from them. And he ought to have this zeal for your
+safety, but not for Theramenes, who has wronged you in many respects. 51.
+But that he considered the city hostile and your enemies his friends, I
+shall establish by many proofs; likewise that the quarrels with each
+other arose not on your behalf, but on theirs, to determine who shall do
+these things and govern the state. 52. For, if they made the revolt in
+behalf of those who had been wronged, when would there have been a better
+opportunity for a ruler to show his friendship than when Thrasybulus had
+taken possession of Phyle? But he, instead of announcing or doing
+anything good toward those at Phyle, came with his fellow-rulers to
+Salamis and Eleusis, and led away three hundred of the citizens to
+prison, and by one vote condemned them all to death. 53. But when we came
+to the Piraeus, and disputes arose, and speeches were made about a
+reconciliation, we each had many hopes of behaving towards each other, as
+both parties gave indications; for the Piraeus party, being superior,
+permitted them to depart, (54) and they, having come to the city, drove
+out the Thirty, except Pheido and Eratosthenes, and chose as leaders
+those most opposed to them, thinking justly that by the same persons both
+the Thirty would be hated, and the Piraeus party loved. 55. Of these,
+then, Pheido, who had been one of the Thirty, and Hippocles, and
+Epichares of Lamptrae, and others seeming to be the most opposed to
+Charicles and Critias and their club, when they were established in
+power, created much greater party-feeling against the Piraeus party for
+the city party. 56. And they openly showed that they were making the
+disturbance, not on behalf of the Piraeus party, nor on behalf of those
+perishing unjustly, neither did they trouble themselves about the dead,
+nor those who were going to be put to death, but those who had more power
+and were getting rich faster. 57. For, having seized the offices and the
+city, they made war upon both parties, both the Thirty who had done all
+evils, and you who had suffered all evils; and this was evident to all,
+that, if the former were accused unjustly, you (were accused) justly, but
+if you unjustly, the Thirty justly, for they were banished from the city,
+not having been guilty of other things, but of these things. 58. So that
+it is necessary to be exceedingly indignant that Pheido, having been
+chosen to conciliate you and restore you, did the same things as
+Eratosthenes, and with the same mind was ready to injure those who were
+in the majority in their own party by means of you; and he was not
+willing to restore the city to you in unjust exile, but, having come to
+Sparta, he tried to persuade them to begin hostilities, falsely saying
+that the city would fall into the power of the Boeotians, and other
+things besides by which he hoped to persuade them. 59. But not being able
+to obtain this, either because the sacred rites were in the way, or
+because they themselves did not wish it, he borrowed a hundred talents in
+order that he might be able to hire mercenaries; and they chose Lysander
+as leader, who was very friendly to the oligarchy, and most hostile to
+the state, especially the Piraeus party. 60. Then having hired all men
+for the destruction of the city, and inciting cities, and finally the
+Lacedaemonians, and such of their allies as they could persuade, they
+made preparations not to restore but to destroy the city (and would have
+succeeded), had it not been for certain brave men, to whom I charge you
+to show your gratitude by punishing these wretches. 61. You know these
+things yourselves, and I know it is not necessary to provide witnesses,
+nevertheless (I will), for I need to stop speaking, and it is more
+pleasant for you to hear the same words from as many as possible.
+
+WITNESSES.
+
+62. Come now, I will show you about Theramenes as briefly as I can, and I
+request you to hear me, both on behalf of myself and the city. And let no
+one think that I am accusing Theramenes while Eratosthenes is on trial.
+For I learn that he will make this defense, that he was a friend of his,
+and took part in the same acts. 63. But I suppose that he, as a citizen,
+would pretend that he was acting with Themistocles, in order that the
+walls might be built, since (he says he is acting) with Theramenes, in
+order that they may be destroyed; for they do not seem to me to be worthy
+of a comparison, for he built them up against the will of the Spartans,
+but this man has torn them down, after deceiving the citizens. 64. For
+the opposite has happened to the city from what was natural. For it was
+right that the friends of Theramenes should be ruined with him, except if
+one happened to be acting in opposition to him; but now I see that the
+defense is thrown upon him, but that his companions are trying to get
+honor, as if he had been the cause of many blessings, and not of great
+evils. 65. In the first place, he was the chief cause of the former
+oligarchy, having persuaded you to choose the constitution, in the time
+of the Four Hundred. His father, being one of the commissioners, did
+these things, and he himself seeming to be in full sympathy with the
+affair, was chosen general by them. 66. And while he was in office, he
+showed himself faithful (to the city); but, when he saw that Pisander and
+Callaeschrus and others were superior to him, and that you no longer
+wished to hear them, then, on account of his enmity towards them, and his
+fear of you, he took part with Aristocrates. 67. And, wishing to seem to
+be faithful to you, he accused and put to death, Antiphon and
+Archeptolemus, who were great friends of his, and reached such a pitch of
+wickedness, that at the same time, on account of his faith to them, he
+enslaved you, and on account of his (faith) to you he destroyed his
+friends. 68. Then being honored, and thought worthy of the greatest
+things, he himself, having announced that he would save the city,
+destroyed it, saying he had done a great and valuable thing. And he
+promised to make peace, without giving hostages, without dismantling the
+walls, and without giving up the ships, and wishing to say these things
+to no one, he commanded you to trust him. 69. But you, Athenians, while
+the council of the Areopagus was acting for safety, and many were
+opposing Theramenes, though you knew that other men keep secrets on
+account of the enemy, while he, even among his own citizens, was
+unwilling to state those things which he was going to state to the enemy,
+nevertheless intrusted to him your country, children, wives and
+yourselves. 70. But he did nothing which he promised; on the contrary, he
+reflected that the city ought to be small and weak, so that he endeavored
+to persuade you to do those things which no one of the enemy ever
+mentioned, or of the citizens ever expected; not being compelled by the
+Lacedaemonians, but himself giving orders to them, both to destroy the
+walls of the Piraeus, and to break up the existing state of government,
+well knowing that, if you were not in despair, you would inflict speedy
+punishment upon him. 71. And finally, jurors, he did not permit the
+assembly to be held until the opportunity mentioned by him
+(_Lysander_) was carefully watched by him, and he had summoned the
+ships from Samos with Lysander, and the camp of the enemy was in the
+city. 72. Then, this being the state of affairs, and Lysander and
+Philochares and Miltiades being present, they made an assembly concerning
+the constitution, in order that no orator might oppose or threaten them,
+and that you might not choose what was advantageous, but might vote what
+seemed best to them. 73. And Theramenes stood up, and advised you to
+commit the city to thirty men, and abide by the constitution which
+Dracontides proposed, but you, nevertheless, being so disposed, made a
+tumult as if you would not do these things, for you knew that you were
+deliberating that day concerning slavery and liberty. 74. But Theramenes,
+jurors, (and of these things I will bring you yourselves as witnesses,)
+said he cared nothing for your tumult, since he knew that many of the
+Athenians were doing things like himself, and he said things which seemed
+good to Lysander and the Lacedaemonians; and after him Lysander rose and
+said a great deal, but particularly that he considered you faithless, and
+that the question would be to you, not about a constitution, but about
+safety, unless you did what Theramenes commands. 75. And of those in the
+assembly, the better portion were aware of the preparation and the
+crisis, and some remained and kept quiet; but others went off, knowing
+this, at least, that they had voted nothing wrong to the city; while a
+few base and evil schemers voted what was commanded. 76. For they were
+commanded to elect ten whom Theramenes proposed, and ten whom, those
+elected Ephors advised, and ten from those present; for they saw your
+weakness, and they knew their own power, so that they knew beforehand
+what was going to take place in the assembly. 77. And in these things it
+is not necessary to believe me, but him, for all those things said by me
+he said, in his defense in the council, reproaching the exiles, because
+they came back through his means,--the Lacedaemonians not caring about
+it,--and reviling those taking part in the government, because he himself
+met with such treatment, after having been the cause of all the things
+done in the ways mentioned by me, having himself given many pledges, and
+received many from them. 78. And though he has been the cause of so many
+other evils and disgraces, both long ago and recently, both small and
+great, they will venture to declare that they are friends of his, when
+Theramenes died not on your behalf, but on account of his own wickedness,
+and was justly punished in an oligarchy (for he destroyed it); as he
+would have been justly in a democracy; for he twice enslaved you,
+despising what was present, and desiring what was absent, setting himself
+up as a teacher of most horrible things, while using a most honorable
+name.
+
+79. Concerning Theramenes then, the accusations seem to me to be
+sufficient; and the time has come when it is necessary not to have pardon
+and pity in your decision, but to punish Eratosthenes and his fellow-
+rulers, and not by fighting to be superior to our (public) enemies, and
+by voting to be weaker than our private enemies. 80. Accordingly do not
+favor them more for what they say they are going to do, than be angry for
+what they have done; neither plot against the Thirty when absent, and
+acquit them when present; neither aid yourselves in a manner worse, than
+fortune has, which has given them to the city. 81. Act against
+Eratosthenes and his friends, upon whom he will lay the defense, and with
+whom these things were done by him; but the contest between the city and
+Eratosthenes is not equal, for he was at once the accuser and judge of
+what was taking place; but we are brought now to an accusation and
+defense. 82. They put to death without a trial those doing no wrong; but
+you think it right to try according to law those who have destroyed the
+city; from whom even if you wished to exact punishment, contrary to law,
+you could not exact one worthy of the crimes which they have done to the
+city; for by what suffering could they suffer a punishment proportionate
+to their deeds? 83. If you should kill these, and their children, should
+we exact an adequate punishment for the murder of those whose fathers and
+sons and brothers they put to death without a trial? Or if you should
+confiscate their real estate, would it be well either for the state from
+which they have taken much, or for the citizens whose houses they have
+plundered? 84. Since, then, by most stringent measures you could not
+exact a sufficient punishment from them, is it not a shame for you to
+neglect any (penalty) whatsoever which one might wish to exact from them?
+It seems to me, that he must be an audacious wretch who when no others
+are the jurors except those very ones who have suffered ill, has come to
+make his defense, before the very witnesses of his villainy; so much has
+he either despised you or trusted others. 85. Both of these things it is
+worth while to consider, reflecting that they would not be able to do
+these things without the co-operation of others, neither would they have
+attempted to come now, unless they thought they would be saved by those
+same persons who have come here, not to rescue them, but in the belief
+that there would be great security to them for what they have done, and
+in future the power to do whatever they wish, if, having made the arrest,
+you shall acquit those who are guilty of the greatest crimes.
+
+86. But it is worth while to wonder about those who take their part,
+whether they make their accusations as good and honorable men, showing
+their own virtue worth more than the baseness of these. I wish that they
+were as zealous to save the city as these to destroy it--or whether they
+will defend them as skillful in speech, and will show their deeds to be
+worthy. But no one of them ever endeavored to speak justly in your
+behalf. 87. Again it is worth while to see the witnesses who, testifying
+to these things, accuse themselves, thinking that you are very forgetful
+and simple-minded, if, they think without fear to save the Thirty through
+you; but thanks to Eratosthenes and his fellow-rulers, it became a
+fearful thing to go even to the carrying out of the dead. 88. But these
+men, if saved, would again be able to destroy the state, but those whom
+they destroyed, having died, gave their life beyond the vengeance of
+their enemies. Is it not a hard thing if their friends were likely to
+perish with those who died unjustly, while many will undertake the
+funeral of those who destroyed the state, seeing that so many are
+prepared to go to the rescue? 89. And I think it far easier to resist
+your wrongs than to defend the conduct of these men. But they say that
+Eratosthenes did the fewest evils of the Thirty, and, on this account,
+they demand that he shall be saved; but because, of (all) other Greeks,
+he has done you the most wrongs, they do not think he ought to perish.
+90. Now therefore you will show what opinion you hold in regard to these
+matters; if you convict him, it will be evident that you are indignant at
+what has taken place; but, if you acquit him, you will seem to desire the
+same things as they, and yet you will not be able to say that you did
+what was commanded by the Thirty. 91. For in the present case, no one
+compels you to acquit contrary to your opinion. So I advise you not to
+convict yourselves by acquitting these, nor think that your vote is
+secret, for you will make your decision known to the city.
+
+92. I desire to conclude, after reminding both parties of a few things,
+the city party and the Piraeus party, in order that, having as proofs the
+disasters which have occurred through their means, you may vote.
+
+In the first place, you of the city party should reflect that you were so
+severely governed by them, that you were compelled to wage such a war
+upon your brothers, and sons, and citizens, that, if defeated in it, you
+would be on an equality with those who conquered, but conquering, would
+be slaves to them. 93. These villains, on the one hand, as a result of
+the strife, would have enriched their private resources, but you would be
+poorer on account of your war with each other, for they demanded that you
+should not share their advantages, while they compelled you to share
+their dishonor, having reached such a pitch of arrogance, that, without
+sharing the offices with you, they kept your faith, but in sharing their
+reproaches, they thought you would be friendly. 94. Wherefore do you,
+being confident, as far as you are able, both exact punishment in your
+own behalf and in behalf of the Piraeus party, reflecting that you were
+governed by those who were most vicious, that you are living now with the
+best of men, making war upon enemies, and deliberating for (the
+interests) of the city, and remembering the mercenaries whom these men
+made the guards of their power and your servitude in the Acropolis. 95.
+This much I say to you, though there are many things besides.
+
+And you of the Piraeus party, in the first place, should remember your
+warlike deeds, that, having fought many battles in a foreign country, you
+were deprived of your arms, not by enemies, but by these men in a time of
+peace; secondly, that you were proclaimed exiles from the city, which our
+fathers gave to you, and that they demanded you, who fled, back from the
+cities (to which you fled). 96. Therefore be angry as when you went into
+exile, and remember the other misfortunes which you suffered from them,
+who seized some from the market-place, and others from the temple, and
+put them to death, and, dragging others away from their children,
+parents, and wives, compelled them to be murderers of their own kindred,
+and did not permit them to receive the customary burial; thinking their
+own government would be more secure from the vengeance of the gods. 97.
+And those who escaped death, after having often been in danger, wandering
+to other cities, and being outlawed from every place, in want of the
+necessities of life, some leaving their children in their country now
+become foreign, and others in a strange land, with much opposition, have
+come to the Piraeus. And though there were many great dangers, being
+honorable men, you freed some, and others you restored to their country.
+98. But if you have been unsuccessful, and had failed in these things,
+you would yourselves have fled, fearing lest you should suffer just such
+wrongs as before, and neither temples nor altars, things which are a
+source of safety even to those doing wrong, would have helped you,
+injured through the characters of these men; and your children, as many
+as were here, would be ill-treated by them; and those in a foreign land
+would be slaves, on account of small debts, from the lack of those to
+assist them.
+
+99. However I am not willing to say what the future will be, not being
+able to say what has been done by them; for it is not the work for one
+accuser, nor for two, but for many; still (_nothing of my zeal has been
+left out_), I have employed all my zeal in behalf of the temples,
+which they in part have sold, and in part desecrated by entering; in
+behalf of the city, which they rendered weak; in behalf of the dockyard,
+which they dismantled; and in behalf of the dead, whom, now that they are
+dead, you should aid, since you were not able to defend them when alive.
+100. But I think they hear you, and will know that you are voting,
+feeling that those who acquit these have condemned them to death; but as
+many as punish these have avenged them. I shall cease my accusation. You
+have heard, seen, suffered, and hold the evidence. Now pass your
+judgment.
+
+
+
+
+ORATION XIII.
+
+AGORATUS.
+
+
+1. It is fitting, gentlemen of the jury, for all of you to avenge the men
+who died well disposed to the state, and for me not the least. For
+Dionysodorus was my brother-in-law and nephew. So I have the same
+hostility to this Agoratus as your party. For he did things on account of
+which he is justly hated by you and me, and, if God wills, he shall be
+justly punished. 2. For my brother-in-law, Dionysodorus, and many others
+whose names you shall hear, being men well disposed to the people, he put
+to death in the time of the Thirty, informing against them. Doing these
+things he injured me not a little and all who have come here, and greatly
+injured the whole state in common, as I think, by depriving it of such
+men. 3. Therefore, gentlemen of the jury, I think it right by divine and
+human law for each one to take as much revenge as he can. And I think if
+you should do this, we should fare better at the hands of gods and men.
+But, Athenians, you must hear about his deeds from the very beginning,
+(4) that you may first learn in what manner your democracy was destroyed,
+then how these men were put to death by Agoratus and what those about to
+die charged us with. On learning all this accurately you will more
+willingly and justly condemn this Agoratus. Therefore, where we can most
+easily teach and you learn, there I will begin the story.
+
+5. When your ships were destroyed and the resources of the state were in
+a bad way, not long afterwards the ships of the Lacedaemonians arrived at
+the Piraeus, and at the same time conferences about peace took place with
+the Lacedaemonians. 6. During that period those who wished a revolution
+in the city laid their plans, thinking they had hit upon the right moment
+and would establish things just at that time as they themselves wished.
+7. They thought nothing was in their way except the leaders of the
+people, the Strategi, and the Taxiarchs. Accordingly they wanted to
+remove these in some way or other, that they might more easily arrange
+matters as they wished. First then, they assailed Cleophon with this
+idea. 8. For when the first meeting about peace was in session, and those
+who had come from the Lacedaemonians said on what terms the
+Lacedaemonians were willing to make peace--if the long walls should be
+destroyed for ten stadia on both sides--then you, Athenians, could not
+bear to hear about the destruction of the walls, and Cleophon rose in
+your behalf and said that it was not at all possible to do this. 9. Then
+Theramenes, plotting against the people, rose and said if you would
+appoint him ambassador with full powers he would bring it about that the
+walls should not be destroyed, nor any other evil injure the state. He
+thought in some other way to benefit the city at the hands of the
+Lacedaemonians. 10. And you, persuaded, chose him as plenipotentiary,
+although the year before you rejected him after he was chosen Strategus,
+not thinking him well disposed to the people. 11. He, therefore, going to
+Sparta remained there a long time leaving you in a state of siege, though
+he knew that on account of the war and misfortunes the people were in
+need of the very necessities of life, thinking if he brought you to a
+very low state, as he did, that you would gladly make any sort of peace
+that he desired. 12. Those who remained here and planned to overthrow the
+government, brought Cleophon to trial on the plea that he did not come to
+the camp to sleep, but really because he spoke against tearing down the
+walls. When they had packed the jury, and those who desired to establish
+an oligarchy had come in, they killed him on this charge. 13. Theramenes
+afterwards came from Sparta. Some of the Strategi and Taxiarchs, among
+them Strombichides and Dionysodorus, and other citizens who were well
+disposed to you, as they afterwards showed, having gone to meet him,
+became exceedingly angry. For he came bringing a peace the nature of
+which we afterwards learned by actual experience. For we lost many good
+citizens and we ourselves were driven out by the Thirty. 14. For instead
+of destroying ten stadia of the long walls (the terms of peace) were to
+destroy all the wall, and instead of finding some other good for the
+city, to hand over the ships to the Lacedaemonians and to destroy the
+walls about the Piraeus. 15. These men, perceiving it was a peace in
+name, but in fact the destruction of the democracy, refused to allow this
+to take place, not because they were sorry, Athenians, that the walls
+were to fall, nor that they minded giving over the ships to the
+Lacedaemonians (for this was no more their concern than yours), (16) but
+learning that thus the people was to be destroyed; not (as some say)
+because they did not wish there to be peace, but because they wished to
+make a better peace than this for the people of Athens. They thought they
+would be able and would have done this if they had not been killed by
+this Agoratus.
+
+17. Theramenes and others who were plotting against you, knowing that
+there were some who were opposed to the destruction of the democracy and
+would take an opposite stand for freedom, chose to bring against these
+men false accusations and to place them in danger before the assembly on
+peace was held, that no one there might raise objections in your cause.
+18. Therefore they adopt the following plan. They persuade this Agoratus
+to become an informer against the Strategi and Taxiarchs; not that he was
+in their secrets, Athenians, no indeed, (for they were not so foolish and
+friendless, that, when they were engaged in an affair of this size, they
+would call in Agoratus, a slave and a son of slaves, as being trustworthy
+and well disposed,) but because it seemed to them that he was a necessary
+informer. 19. Therefore they wished him to seem to give testimony
+unwillingly and with reluctance, that he might seem to you somewhat more
+trustworthy.
+
+But that he testified willingly I think you know from the case. For they
+sent Theocritus, known as the son of Elaphostictus, to the Boule, which
+was in session before the Thirty. And this Theocritus was a friend and
+relative of Agoratus. 20. But the Boule in the time of the Thirty was
+tampered with, and as you know, greatly favored an oligarchy. And the
+proof is that those in that Boule served in the last one under the
+Thirty. Why do I relate this to you? That you may know that the decision
+of that Boule was not well disposed to you, but was entirely for the
+destruction of your party, and that you may know them to be such. 21.
+Theocritus coming into the Boule in secret session testified that some
+were together with the intention of raising opposition to the established
+government. But said he could not give their names individually, for he
+had sworn the same oaths with them; that there were others who would
+tell, but that he personally would never do it. 22. If he did not testify
+according to a plot, why did not the Boule compel Theocritus to give
+their names, and not to give testimony without names? But now this vote
+was passed.
+
+DECREE.
+
+23. When therefore, the vote was passed, those chosen from the Boule went
+to Agoratus at the Piraeus, and falling in with him in the market-place,
+sought to arrest him. But Nicias and Nicomenes and a few others present,
+seeing that this was not best for the state, refused to let them take
+Agoratus, but took him from them and gave bail for him and pledged to
+bring him into the Boule. 24. The councilors took the names of those who
+had given bail, and stopped them, and then went away to the city. But
+Agoratus and the bondsmen sat down on the altar of Munychia. While they
+were there they planned what must be done. It seemed best to the bondsmen
+and to all the others to get Agoratus out of the way as soon as possible,
+(25) and as two boats were moored at Munychia they besought him by all
+means to get out of Athens, and said that they themselves were willing to
+go away with him until the matter was settled, saying that if he were
+brought into the Boule he would perhaps be tortured and forced to tell
+the names of the Athenians which those who wished harm to the state had
+suggested to him. 26. Although these urged him in this way and prepared
+boats, and were ready to sail with, him, this Agoratus was not willing to
+obey them. Agoratus, if there was no arrangement for you, and you were
+not sure of suffering no harm, why did you not go when boats were
+prepared for you, and your neighbors ready to sail off with you? For you
+could have done so, and the Boule had you not yet in their power. 27. But
+they and you were not in equal danger. For in the first place they were
+Athenians and did not fear being tortured; then leaving their own land
+they were ready to sail away with you, thinking this was better than that
+many citizens should be unjustly killed by you. But, first, if you
+remained there was danger of your being tortured, and then, too, you had
+no native land to leave. 28. So in every way it was easier for you to
+make yourself scarce than for them, unless there was something in which
+you trusted. Now you say you did it unwillingly, while the truth is you
+willingly put to death many good Athenians. There are witnesses that
+everything was prepared as I say, and the vote of the senate will witness
+against you.
+
+DECREE.
+
+29. When this vote was passed, and those from the senate came to
+Munychia, Agoratus willingly got up from the altar; now they say he was
+torn away by force. When he was brought into the senate, (30) Agoratus
+first wrote down the names of his bondsmen; then of the Strategi and
+Taxiarchs; then also of certain other citizens. This was the beginning of
+all the evil. I think he himself will confess that he wrote down the
+names. But if he does not, I will convict him in the very act. Now answer
+me.
+
+TESTIMONY OF AGORATUS.
+
+31. Accordingly they desired him, gentlemen of the jury, to hand in more
+names, so strongly determined was the Boule to do evil, and he himself
+did not seem to them to tell all the truth. Thus, voluntarily, he gave in
+all these names, as they put no restraint on him at all. 32. When the
+assembly was held in the theatre at Munychia some were so very anxious
+that he should also testify in the popular assembly against the Strategi
+and Taxiarchs (but as for the others the testimony in the senate was
+enough) that they led him there into the assembly. Now answer me,
+Agoratus. But I do not think you should deny what you did against all the
+Athenians.
+
+TESTIMONY.
+
+33. He himself confesses it, but nevertheless the votes of the people
+shall be read to you.
+
+DECREES.
+
+That this man Agoratus wrote down the names of these men, some in the
+senate and some in the assembly, and that he is their murderer I think
+you are well aware. That he was the cause of all the evils which befell
+the state and is not worthy to be pitied by a single one, I think I can
+show you in a few words. 34. For when these were arrested and put in
+prison then Lysander sailed into your harbors, and your ships were
+surrendered to the Lacedaemonians, and the walls were destroyed, and the
+government of the Thirty established, and indeed what evil was not done
+against the state? 35. When, therefore, the Thirty were established, they
+immediately tried these men in the senate, but the people voted in the
+court before two thousand. Now read the vote to me.
+
+DECREE.
+
+36. If they had been tried in the court, they could readily have been
+saved. For you all knew in what evil the state was, although you were not
+able to bring aid. But the fact was, they brought them into the Boule
+before the Thirty. And you know what a farce the trial was. 37. The
+Thirty sat on the seats where the Prytanes are now. Two tables were
+placed in front of the Thirty. It was necessary to deposit the vote, not
+in the urns, but in plain sight on the tables, the condemning vote on the
+further one .... so how could any one of them be saved? 38. And with one
+vote all that came into the council chamber to be tried before the Thirty
+were sentenced to death, and no one except this man Agoratus did they
+acquit; and they acquitted him as a doer of good. But that you may know
+how many were put to death by this man, I desire to read their names to
+you.
+
+LIST.
+
+39. When, therefore, gentlemen of the jury, the death sentence was passed
+on these and they were about to be put to death, one sent for his sister
+to come to the prison, another for his mother, another for his wife, and
+others for whatever female relative each of them had, in order that
+having embraced them for the last time they might end their life thus.
+40. And Dionysodorus sent for my sister to come to the prison, for she
+was his wife. And when she knew this she went, dressed in a black
+garment, as was fitting on account of the terrible fate of her husband.
+41. In the presence of my sister, Dionysodorus left his property as he
+thought best, and said of this man Agoratus that he was responsible for
+his death, and charged me and Dionysius, his brother, and all his friends
+to be revenged on Agoratus in his behalf. 42. And thinking his wife was
+with child he told her if a son was born to tell the boy how Agoratus had
+killed his father, and to command him on his father's behalf to take
+vengeance on his murderer. That I speak truth I furnish the witnesses.
+
+WITNESSES.
+
+43. So these men were informed against and put to death by Agoratus. When
+the Thirty had removed these I think you know many misfortunes befell the
+state. This man is responsible for all of this, as he put them to death.
+It grieves me to be recalling the misfortunes which happened to the
+state; (44) but it is necessary, gentlemen of the jury, for you to know
+how much you are to pity Agoratus in this matter. For you know what sort
+of men and how many there were of the citizens who were carried away from
+Salamis, and what fate they met at the hands of the Thirty, and how many
+of those from Eleusis experienced this misfortune; and you remember those
+here who were led off to prison on account of private enmities. 45. They,
+having injured the city in no way, were forced to die a most shameful and
+inglorious death, some leaving aged parents who had hoped to be supported
+in their old age by their sons, and at their death to be buried by them;
+some leaving unmarried sisters, some little children needing their care.
+46. What opinion, gentlemen of the jury, do you think they who were
+deprived of their dear ones by this man would have of him? Or what vote
+do you think they would cast were it in their power? And yet (you are
+aware) that the walls were torn down and the ships given over to the
+enemy and the shipyards destroyed, and the Spartans held your Acropolis,
+and the whole power of the city was undermined so that the city was in no
+way different from the smallest town. 47. Besides this you lost your
+private property and finally were driven in a body by the Thirty from
+your country. Those who were good men, gentlemen of the jury, having
+learned this, said they would not allow peace to be made. 48. Those men,
+Agoratus, wishing to do some good to the city, you put to death, on the
+ground that they were plotting against the city and you are responsible
+for all the misfortunes which befell the city. So now, each one,
+remembering not only his own misfortunes, but also those common to the
+whole city, should revenge himself on the cause of these evils.
+
+49. I wonder, gentlemen of the jury, what he will dare urge in defense.
+For he must show that he did not give convicting testimony against these
+men and that he is not responsible for their death, which he will never
+be able to do. 50. For in the first place the votes of the senate and
+assembly testify against him, clearly showing about what Agoratus made
+the accusations. Then the sentence which was passed on him by the Thirty
+and revoked again clearly shows, this, "since," it runs, "he seems to
+have spoken the truth." Now read it to me.
+
+EVIDENCE.
+
+51. Therefore he can in no way prove that he did not hand in the names.
+He must make the following point clear, that he made the accusations
+justly, seeing these men doing injury to the republic and not well
+disposed to the people. But I do not think he will try to show this. But
+in fact if they did any wrong to the people of Athens, the Thirty would
+not have condemned them for fear that the people should be overcome,
+taking vengeance on account of them, but I think quite the opposite of
+this.
+
+52. But perhaps he will say that he did these evils unwillingly. But I do
+not think, gentlemen of the jury, that if any one with great
+unwillingness did great wrongs to you, greater than which there could not
+be, on this account you ought not to have revenge from him. Then remember
+this, that it was possible for this Agoratus to be saved and that he sat
+down at the altar of Munychia before he was brought into the Boule. For
+his bondsmen prepared boats and were ready to sail away with him. 53. And
+if you had heeded them, and been ready to go away with them, you would
+neither willingly nor unwillingly have put to death so many Athenians.
+But being persuaded by those to whom you yielded, you thought that if you
+would only give in the names of the Strategi and Taxiarchs you would get
+something great from them. Therefore it is not necessary for us to feel
+sympathy for you since you felt none for those you put to death. 54.
+Hippias of Thasos and Xenophon of Icaria, who were summoned by the Boule
+on the same accusation as he, were executed, and Xenophon was tortured.
+But Hippias thus .... because they did not appear worth saving to the
+Thirty (for they destroyed none of the Athenians). But Agoratus was
+acquitted because he appeared to have done the pleasantest things.
+
+55. But I hear that he will put the blame on Menestratus for these
+documents. But what Menestratus did was this. This same Menestratus was
+informed against by Agoratus, was arrested and put in prison. And there
+was Hagnodorus of Amphitrope, of the same deme as Menestratus, a
+connection of Critias, one of the Thirty. This one, at the time when the
+assembly was held in the theatre at Munychia, wishing Menestratus at the
+same time to be saved, and as many as possible of the people to be
+accused and put to death, brought him into the assembly and saved him
+according to this vote.
+
+DECREE.
+
+56. When they had passed this vote, Menestratus made his accusations and
+added the names of others of the citizens. The Thirty acquitted him, as
+they did Agoratus, as he seemed to tell the truth, but you long
+afterwards brought him into court as a murderer and, justly voting death
+for him, gave him over to the executioner, and he was beaten to death.
+57. If he was put to death then Agoratus should justly be killed, as he
+was responsible for the death of Menestratus having accused him, and who
+is more to blame for those killed by Menestratus than he who put him in
+such a position?
+
+58. He seems to me to be different from Aristophanes of Chollidae who was
+his bondsman, and who, having boats ready at Munychia, was willing to
+sail away with him. And at least as far as it depended upon him you would
+have been saved, neither having destroyed any of the Athenians nor being
+yourself put in any such danger. 59. But you had the audacity to accuse
+your deliverer, and having informed against him you put him to death and
+also your other bondsmen. As he was not a pure blooded Athenian citizen,
+some wished him to be put to torture and induced the people to pass this
+decree.
+
+DECREE.
+
+60. After this, those who had the administration of affairs at that time
+went to Aristophanes and begged him to make disclosures and be saved, and
+not be in danger of undergoing the extreme penalties, being tried for
+usurping the rights of citizenship. But he declared he would never do it.
+Such an excellent man was he toward those imprisoned, and the people of
+Athens generally, that he preferred to die rather than inform against and
+put to death, any of them unjustly. That man killed by you was such a
+one, (61) and Xenophon was tortured, and Hippias of Thasos. But you had
+nothing in common with, all these men, but you were persuaded that if
+they were put to death you would have a share in the government
+established, and you accused and put to death many good Athenians.
+
+62. I wish to show you, gentlemen of the jury, of what sort of men you
+were robbed by Agoratus. If there were not many of them, you should hear
+about them separately, but as it is, collectively. For some of them who
+had been your generals gave over the city to their successors in an
+improved condition. And some held other high offices and performed the
+duties of Trierarchs and never had any disgraceful charge from you. 63.
+For some of them were saved and are present whom this one, as far as he
+could, tried to put to death with cruelty (and indeed sentence of death,
+was passed on them), but chance and providence saved them. For fleeing
+from here and not being taken nor awaiting their trial, they came from
+exile from Phyle and were honored by you as being brave men.
+
+64. Of these men, I say, some Agoratus put to death, others he made
+exiles from here. But who was he? For you must know that he was a slave
+and the son of slaves, that you may understand what kind of a man
+persecuted you. His father was Eumares, and Eumares was the slave of
+Nisocles and Anticles. And now, witnesses, take the stand.
+
+WITNESSES.
+
+65. Now, gentlemen of the jury, it would be a long task to enumerate the
+shameful and disgraceful things done by him and his brothers. As regards
+his informing, either how many private suits he brought by false
+accusation or how many prosecutions or dispositions he made, it is not
+necessary for me to say in detail. For you all together in the assembly,
+and in the court, convicted him of informing, and he was fined ten
+thousand drachmae. 66. This has been sufficiently proved by you all.
+Being a man of this sort, he endeavored to seduce and betray the free-born
+wives of the citizens, and he was taken in adultery. Death is the
+punishment for this. That I am speaking the truth, call up the witnesses.
+
+WITNESSES.
+
+67. Gentlemen of the jury, there were four brothers. The eldest was taken
+in the act of making treasonable signals to the enemy by Lamarchus of
+Sicily, and beaten to death. The second abducted a female slave in
+Corinth from a woman of the place, and, being taken and put in prison,
+was put to death. 68. The third, Phainippides arrested as a thief, and
+you being his judges and passing death sentence on him, gave him to be
+beaten to death. I think he will admit that what I say is true, and we
+have witnesses.
+
+WITNESSES.
+
+69. Why, then, is it not proper for you all to convict this man? For if
+each of them deserved death for one crime, surely, since he has committed
+many offenses, both publicly against the state and privately against you,
+for all of which crimes the penalty is death in our laws, you must
+condemn him to death.
+
+70. Gentlemen of the jury, he will speak and try to deceive you
+(pretending) that he killed Phrynichus in the time of the Four Hundred;
+and he says the people made him an Athenian on account of this. But he
+lies, gentlemen of the jury, for he neither killed Phrynichus nor did the
+people make him an Athenian. 71. For, gentlemen of the jury, Thrasybulus
+of Calydon and Apollodorus of Megara conspired against Phrynichus. When
+they came up to him as he was walking, Thrasybulus struck Phrynichus and
+felled him with a blow, but Apollodorus did not even lay hands upon him.
+Then a shout was raised, and they set off to escape. But Agoratus was
+neither called in to help nor was he present nor did he know anything of
+the deed. This decree will make it plain to you that I tell the truth.
+
+DECREE.
+
+72. That he did not slay Phrynichus is plain from this decree. For
+nowhere is it (plain) that Agoratus is an Athenian as it is that
+Thrasybulus and Apollodorus are. If he did kill Phrynichus, his having
+been made an Athenian ought to be on the very same pillar as Thrasybulus
+and Apollodorus ... by giving money to the orator they get their own
+names inscribed on the pillars as being doers of good. And this decree
+will convince you that I speak the truth.
+
+DECREE.
+
+73. So much does this man despise you that, although not being an
+Athenian, he served on the jury and in the assembly, and brought all
+manner of indictments, having himself enrolled as from Anagurius.
+Phrynichus established the Four Hundred, and when he was put to death
+many of the Four Hundred fled. 74. Do you think, therefore, that the
+Thirty and the Boule, which was in session under the administration of
+the Thirty, all of whom were of the Four Hundred exiles, if they had
+captured the man who killed Phrynichus, would have let him go or punished
+him on account of the exile to which they were subjected? I think they
+would have punished him. If, on the one hand, he pretends to have killed
+him, though he did not, he is, as I say, guilty. 75. But if you deny it
+and say that you did kill Phrynichus, it is plain that by doing greater
+evils to the Athenians you freed yourself to the Thirty from the charge
+concerning Phrynichus. For you can never persuade any man that, having
+killed Phrynichus, you would have been let off by the Thirty, unless you
+did great and incurable wrongs to the people of Athens. 76. If,
+therefore, he asserts that he killed Phrynichus, bear these things in
+mind and take vengeance for what he has done. But if he says he did not,
+ask him on what account he says he became an Athenian. If he can not show
+how, punish him because he acted as a juror and served in the assembly
+and accused many falsely, having his name enrolled as an Athenian.
+
+77. I hear that he will allege in defense that he went to Phyle and came
+back from Phyle with the rest, and this is his strongest plea. This was
+the fact. He went to Phyle. And how could there be a greater wretch than
+he who, knowing that there were many at Phyle whom he himself had
+banished, dared to go there to them? 78. As soon as they saw him they
+seized him and took him to kill him at the same place where they put
+others to death, whenever they caught any robber or criminal. But Anytus,
+who was in command at Phyle, said that they must not do this, telling
+them they were not in a condition to take vengeance on some of their
+enemies, but must now keep the peace, and if they ever returned home then
+they would punish those who had done them injury. 79. Saying this, he
+became responsible for his escape at Phyle. And they were obliged to obey
+a general if they were to be saved. But more than this: no one would
+receive him as a messmate or be his tent companion, nor would the
+Taxiarch give him a place in his line, but as if he were accused no man
+would speak to him. And call the Taxiarch to me.
+
+WITNESS.
+
+80. When the agreement was made with each other and the citizens from
+Piraeus made a procession into the city, Aesinus was the leader of the
+soldiers, and this one so audacious also was there. Having taken arms he
+accompanied them and took his place in the procession with the citizens
+to the city. 81. When they reached the gates and halted before going into
+the city, Aesinus saw him and went to him and seized and flung down his
+shield and told him to go to the crows and leave the citizens. For he
+declared that a murderer should not proceed in the procession to Athens.
+Thus was he driven off by Aesinus. That I tell the truth, call up my
+witnesses.
+
+WITNESSES.
+
+82. This was the relation, gentlemen of the jury, in which he stood to
+the citizens at Phyle and the Piraeus. For no one spoke to him because he
+was a murderer, and Anytus is responsible for his now being alive. If,
+therefore, he alleges in defense that he was on the way to Phyle, he must
+answer whether Anytus was responsible for his not being killed when they
+were ready to punish him, and whether Aesinus took away his shield and
+would not let him join the citizens in the procession, and whether any
+Taxiarch enrolled him on his list.
+
+83. Thus you should neither receive this excuse from him, nor let him say
+he is punished a long while after the crime. For I do not think there is
+any limited period for such an offense; but I do think if anybody is
+punished, either immediately or after a long time, he must show that he
+did not do the things of which he is accused. 84. Let him prove this:
+either that he did not kill these men, or that he did it justly as they
+did some wrong to the people of Athens. And if we punish him a long time
+after he should have been punished, he gains the time he has lived which
+did not belong to him, and the men were killed by him just the same.
+
+85. But I understand that he lays great stress upon the fact that he was
+indicted and brought up as taken in the act. I think that is the most
+foolish thing of all. As if he would have been liable to arrest if it had
+not been added "taken in the act"! But as this has been added he thinks
+there will be some relief for him. But this is the same as allowing that
+he put the men to death but was not taken in the act; and he relies a
+great deal on this, as if he must be saved because he killed the men but
+was not taken in the act. 86. The Eleven who arrested him seem to me not
+to have thought they were than sharing in the same deeds with Agoratus,
+and believing that they were acting rightly, forced Dionysius to make the
+arrest, and then added "taken in the act." First, then, having informed
+against some in the presence of the five hundred in the senate, and then
+of the whole people of Athenians in the assembly, he slew some and became
+responsible for their death. 87. For he does not think this alone is
+"taken in the act," if any one struck a man with a club or sword and
+knocked him down, since by your argument no one appears to have slain the
+men whom you deposed. For no one either knocked them down or killed them,
+yet they were forced to death by your accusation. Therefore is he, who is
+the author of their death, not "taken in the very act"? For who else was
+the author, if not you who deposed them? So, then, in what way are you
+not their murderer, taken in the very act?
+
+88. I understand that he will talk of oaths and agreements; that he is on
+trial in violation of the oaths and compacts which we in the Piraeus
+confirmed with those in the city. Accordingly, putting so much trust in
+these things, he confesses he is a murderer. So he puts something in the
+way, either oaths or compacts or "taken in the act," but he does not
+trust to the deed itself that he will come out of the trial successfully.
+89. But it is not fitting for you, gentlemen of the jury, to accept his
+defense on these grounds. Bid him make his defense on these points: that
+he did not give in the names, or that the men were not put to death. Then
+I think the compacts and agreements have nothing to do with us in this
+case. For the oaths were made by those in the city to those in the
+Piraeus.
+
+90. Now if he was of the city party and we of the Piraeus, the oaths
+would have some argument for him. But the truth is, he is of the Piraeus
+party and Dionysius and I and all the rest of those who are taking
+vengeance on him, so that there is nothing at all in our way. For those
+in the Piraeus made no oaths with those in the Piraeus.
+
+91. By all means this man seems to me to deserve not merely one death;
+this man who says (he was adopted by) the people, and seems to have
+treated badly the people whom he calls his father, and neglected and
+betrayed those by whom he might have become better and more powerful.
+One, therefore, who is found to have maltreated his father and not to
+have furnished him with the necessities of life, and to have taken away
+from his adopted father the property he had, does not he on this account,
+by the law of maltreatment, deserve to be put to death?
+
+92. It is the duty of all of you, gentlemen of the jury, just as of each
+one of us, to take vengeance on behalf of these men. For when they died
+they left this charge to you and to us, and to all others, to punish on
+their behalf this Agoratus, their murderer, and to injure him as much as
+each one could. If these men ever did any good to the state or to the
+people--and you yourselves admit that they did--it is the duty of all of
+you to be their friends and relatives, so they made this request no more
+of us than of each one of you. 93. Accordingly it is right, neither by
+divine nor human law, for you to let this man go. Therefore do you now,
+Athenians, take vengeance on this man, their murderer, since you can do
+so, as at the time the men died you were not able to aid them on account
+of the circumstances which surrounded you. Remember, Athenians, that you
+are not doing the cruelest act of all. But if you acquit this Agoratus
+you are not only doing this, but also, by the same vote, you sanction the
+death of those men whom you admit to have been well disposed to you. 94.
+By acquitting the man who is the author of their death, you are deciding
+that they were justly put to death. They would feel most terribly if
+those to whom they had entrusted the task of revenge, as being their
+friends, should cast the same vote as the Thirty on these men. 95. By the
+gods, gentlemen of the jury, do not in any way, or by any act or
+contrivance whatever, vote to sanction the death of these men who were
+killed by the Thirty and this Agoratus for having done many good things
+for you. Remembering all the evils, both those in common with the state
+and those in a private way, as many as each endured when these men met
+their death, take vengeance on the author of these things. It has been
+clearly proved from the votes and testimony and everything else, that
+Agoratus was the cause of their death. 96. Besides, it is your duty to
+vote in opposition to the Thirty. Acquit those whom they condemned.
+Condemn those whom they acquitted. The Thirty decreed death for those men
+who were your friends whom you must acquit. They acquitted Agoratus since
+he seemed to destroy those zealously; him you should condemn. 97. If you
+vote in opposition to the Thirty, in the first place, you will not be
+their accomplices; then again you will have avenged your own friends;
+finally, you will seem to have voted in accordance with divine and human
+laws.
+
+
+
+
+ORATION XIV.
+
+ALCIBIADES.
+
+
+1. I presume, gentlemen of the jury, that you need to hear no reason from
+those who wish to prosecute Alcibiades, for from the start he so
+conducted himself in the public that it is every one's duty, even if he
+happen not to be privately injured by him, to consider him an enemy from
+his other actions. 2. For his sins were not trivial, nor do they deserve
+pardon, nor offer any hope of his becoming better in future, but his
+deeds have come to such a pitch of evil, his enemies are ashamed of those
+deeds in which he glories. As for a long time, ever since a dispute arose
+between our fathers, I have considered him my enemy, and now again since
+he has treated me wrongly, I, gentlemen of the jury, will try to punish
+him by your aid for all which he has done. 3. Archestratides has
+arraigned him sufficiently about other matters, for he declared the laws
+and brought evidence; but what he omitted, I will go over point by point
+with you.
+
+4. Now it is reasonable, gentlemen of the jury, for those who serve as
+jurors in regard to these subjects for the first time since we made peace
+to be not only jurors but lawgivers, knowing well that, as you decide
+about these matters now, the city will manage in future. And it seems to
+me to be the part of a good citizen and impartial juror to define the
+laws as is most likely to benefit the state in future. 5. For some go so
+far as to say that no one is liable (to a charge) of desertion or
+cowardice; for there has been no battle and the law bids the soldiers to
+try "_any one who goes to the rear through cowardice while the others
+are fighting_." And the law does not provide for this case alone, but
+"_whoever is not in the ranks_." Now read the law.
+
+LAW.
+
+6. You hear, gentlemen of the jury, that there are two provisions, for
+those who go to the rear during a battle, and those who fail to appear in
+the ranks. Now consider who ought to appear. Are they not those of
+military age? And those whom the Strategi enroll? 7. And I think,
+gentlemen of the jury, that he alone of the citizens is liable by the
+whole law. For he would be convicted of not being in the ranks, as when
+he was enrolled as a hoplite he did not go out with you in camp, and he
+did not let himself be placed in ranks,--and of cowardice, for although
+he ought to have met danger with the hoplites, he chose to go with the
+cavalry. 8. But they say he will offer this defense, that in going with
+the cavalry, he did no harm to the state. But I consider you have just
+cause of anger against him on this account, that although the law imposes
+a fine on any one in the cavalry who is not examined, he dared to enter
+the cavalry without examination. Now read the law.
+
+LAW.
+
+9. He reached such a degree of depravity, and he had so little respect
+for you and so much fear of the enemy, and he had so great a wish to join
+the cavalry and cared so little for the laws that he disregarded the
+risk, and was willed to be fined and have his property confiscated and be
+liable to all these existing penalties, rather than to take up his
+position in the ranks with the citizens and be a hoplite. 10. And others
+who never served in the infantry and who were formerly in the cavalry and
+did great damage to the enemy never dared mount their horses through fear
+of you and the law; for they laid their plans, not as if the state would
+perish, but would be secure and prosperous, and would exact punishment of
+wrong-doers. But Alcibiades dared mount, neither through goodwill to the
+state, nor because he had been a knight, nor understanding (cavalry
+drill), nor having passed your examinations, (supposing) that the state
+would be unable to exact penalty of offenders.
+
+11. It is necessary to remember that, if it is possible to do whatever
+one wishes, there is no use in having laws, nor for you to be impaneled,
+nor for Strategi to be chosen. And I wonder, gentlemen of the jury, if
+any one claims if a man, enrolled in the first rank, on the approach of
+the enemy, is found in the second, that he should be condemned for
+cowardice, but that if one, enrolled among the hoplites, appears among
+the cavalry, he should be pardoned. 12. Now, gentlemen of the jury, I
+think you are drawn, not only for punishing offenders, but that you may
+make other offenders more discreet. If now you punish, only obscure
+persons, no one will become better, for none will know whom you have
+condemned; but if you punish conspicuous offenders, all will hear of it,
+and in consequence of their examples the citizens will become better. 13.
+If now you condemn this fellow, not only will those in the city hear of
+it, but your allies and enemies will learn of it, and they will more
+highly esteem the state, if they see you are aroused against such
+offenses, and that those who offend against discipline in war have no
+pardon. 14. Remember too, gentlemen of the jury, that there are some
+soldiers who chance to be exhausted, and some who lack resources, and
+some who would gladly serve (if they could) remain in towns, and others
+who wish to look out for their own affairs at home, others who would have
+liked to serve as light-armed soldiers and others in the cavalry; (15)
+and yet you do not venture to leave the ranks nor choose what pleases
+yourselves, but you fear the laws of the state more than the risk before
+the enemy. Bearing these things in mind, it is now necessary to cast your
+vote, and make it evident to all, that those Athenians who are unwilling
+to fight with the enemy will be punished by you.
+
+16. I am convinced, gentlemen of the jury, that the defendants will have
+nothing to say about the laws or the deed itself; but they will get up
+and ask and entreat you, demanding that you should not condemn the
+cowardice of the son of Alcibiades on the ground that he did great good
+and not much harm; for (in reality) if you had put him to death at the
+same age (that his son now is), when you first discovered his offenses
+against you, such misfortunes had never befallen the state. 17. It seems
+to me, gentlemen of the jury, a dreadful thing for you to have passed
+sentence of death upon the father, and when the son commits a crime, you
+acquit him for this very reason, that he himself did not dare to fight on
+your side, and that his father took part with the enemy. And when as a
+child he did not yet show what he was going to be, he was almost
+delivered to the Eleven for his father's offenses; and as you know not
+only the deeds of the father, but the son's cowardice, will you think it
+right to pity him for his father's sake? 18. Is it not terrible,
+gentlemen of the jury, that these are so fortunate as to be acquitted on
+account of their noble birth when they are caught in crime, while we, if
+we lose by their lawlessness, could not gain any concession from the
+enemy on account of the valiant deeds of our ancestors? 19. These were
+many and important, and (were done) for all Greece, and were not at all
+like theirs in relation to the state. And if they think they are noble
+for aiding their friends, they are evidently all the better for punishing
+their enemies. 20. And I think, gentlemen of the jury, one ought to be
+angry if his relatives try to beg him off, that they did not (rather)
+induce him, or if they tried to induce him, but could not obtain their
+end, to comply with the demands of the state. In fact, they are trying to
+persuade you that you need not exact a penalty from wrong-doers. 21. And
+if some of those in authority aid him, making a display of their power
+and pluming themselves that they can get off even those who are evidently
+criminal, you must suppose in the first place that if all were like
+Alcibiades there would be no need of generals, for there would be none to
+lead, and secondly, that it is far more for their interests to accuse
+those who leave the ranks than to make a defense for such. For what hope
+is there that others would wish to obey their generals' commands, when
+these very men try to screen offenders against discipline? 22. I beg you
+then to acquit him, if those who speak and make claims for Alcibiades
+proved that he served with the hoplites or with the cavalry after an
+examination; but if, without a just plea, they demand you to favor them,
+you are to remember that they are teaching you to break your oath, and
+disobey the laws, and that by too great zeal for offenders they make many
+desirous (of emulating) their deeds.
+
+23. And I especially wonder, gentlemen of the jury, if any of you shall
+claim that Alcibiades be acquitted through his friend and not be
+condemned for his own baseness. It is right that you should hear of this
+(conduct), that you may know that you would not do right to acquit him on
+the plea that he has merely committed this wrong, but in other respects
+has been an exemplary citizen. For from other deeds of his you would
+justly condemn him to death. 24. It is for your interest to know about
+these things, for when you allow defendants to speak of their own good
+deeds, and the noble actions of their ancestors, you ought also to listen
+to the accusers, if they prove that the defendants have committed many
+crimes against you, and their ancestors did much harm. 25. For this man,
+when a youth, at the house of Archedemus the blear-eyed, who had stolen
+much of your money, while many eyes were upon him, drank, lying at full
+length under the same rug, and caroused at midday, having a mistress
+while a mere boy, imitating his ancestors, and thinking he could not be
+an illustrious man, unless he were a wild youth. 26. He was summoned by
+Alcibiades when his conduct became notorious. And what sort of a fellow
+should you think him, when he shocked that man who used to teach others
+such practices! Having conspired with Theotimus against his father, he
+betrayed Oreus to him. And Theotimus, taking the fortified place, first
+maltreated the youth and finally bound him and exacted a ransom for him.
+27. And his father hated him so that he used to say he would not even
+care for his body if he died. And when his father died, Archebiades, a
+favorite of his, ransomed him. Not long after, having gambled away his
+property, setting sail from Leuke Akte he tried to drown his friends. 28.
+It would be a long story, gentlemen of the jury, to tell all his crimes
+against the state, his relatives, friends and others; but Hipponicus,
+having called many to witness, divorced his own wife, declaring that
+Alcibiades entered her house not as brother but as husband. 29. And
+though he has committed such crimes and done such horrible things, he
+neither repents of what he has done nor cares for what he will do, but he
+who should be a most illustrious citizen, making his life a shield for
+his father's misdeeds, tries to bring insult upon others, as if being
+able to transfer to others the smallest share of the disgraces which
+belong to himself, (30) and that too being a son of that Alcibiades who
+persuaded the Spartans to fortify Decelea, and sailed off to the islands,
+and incited many in the city to crime, and oftener fought against his
+country with its enemies than with his fellow-citizens against them. For
+all this, it is for the interest of yourselves and posterity to punish
+any one you find of this family. 31. He has been accustomed to say it was
+not right for his father to return from exile and be favored by the
+state, and (yet) that he should suffer unjustly in reputation on account
+of his father's exile. But it seems wrong, if you take away his
+privileges on the ground that you gave (them) without just reason, and
+when this one commits a wrong acquit him on the ground that his father
+was an ornament to the state. 32. And there are many other reasons,
+gentlemen of the jury, for you to condemn him, and for this reason
+especially, that he quotes as a precedent in support of his own baseness
+your acts of valor. For he dares say that Alcibiades did nothing so
+terrible in leading war against his country. 33. For while you were in
+exile you took Phyle and cut the trees and 'made assaults upon the walls,
+and though so doing left no reproach for your descendants, but gained
+honor from all men, as if those were on a par who in exile joined with
+the enemy against the country, and those who established themselves when
+the Spartans were in possession of the city. 34. I believe it is clear to
+all that these fellows sought to establish themselves; but you returned
+and expelled the enemy and freed even those citizens who wished to be
+slaves. So he uses like words about the two parties while the facts were
+not at all similar. 35. And yet, with such great misfortune coming upon
+him, he glories in his father's baseness, and said that he had great
+power, to bring evil upon the state. But who is so ignorant of his
+country as not to be able, if he wishes to be a traitor, to tell the
+enemy what fortified places to seize, to show what forts are ill-guarded,
+to teach them his country's weak points, and to declare which allies are
+ready to revolt? 36. Surely it was not through his power in exile he was
+able to work evil to the state when he returned deceiving you, and took
+command of many triremes, but was able neither to dislodge the enemy from
+the country nor make the Chians friendly again whom he had caused to
+revolt, nor do a particle of good to you. 37. So it is not difficult to
+realize that Alcibiades did not differ from other men in power, but was
+first of the citizens in villainy. Whatever he knew to be your weak
+points, he informed the Spartans, and when he had to act as general, he
+could do them no harm, but promising that the king would furnish money at
+his request, he took more than two hundred talents from the city. 38. And
+so he realized that he had done you much harm, and though being able to
+speak, and while he had friends, and having acquired the money, he never
+dared return and render his accounts, but exiling himself preferred to be
+a citizen of Thrace or of any other city rather than his own. And
+finally, gentlemen of the jury, to cap all his former baseness, he dared
+with Adeimantus to betray the ships to Lysander. 39. So if any one of you
+pities those who perished in the naval battle, or feels disgrace on
+account of those enslaved by the enemy, or is angry at the demolishment
+of the walls, or hates the Spartans, or is angry at the Thirty, he should
+consider that this man's father was the cause of all this, and remember
+that Alcibiades, his great-grandfather, and his great-great-grandfather
+on his mother's side were ostracized twice by your ancestors, and that
+the older men among you condemned his father to death; so you must
+consider him as an hereditary enemy of the state and as such condemn him,
+and care less for pitying and pardoning him than for the existing laws
+and the oaths which you have sworn. 41. But you must consider, gentlemen
+of the jury, on what ground you should spare such men. Is it on the
+ground that in relation to the state they have been unfortunate, but
+otherwise have lived with moderation and in an orderly fashion? Have they
+not been unchaste, and lived with their sisters, and some have had
+children by their daughters, (42) others have performed the mysteries,
+mutilated the Hermae, been impious before the gods, wronged the state,
+have lived without regard to justice or law in relation to others or to
+their fellow-citizens, have refrained from no deed of daring, nor left
+untried any crime? They have experienced and done everything. For such is
+their disposition as to be ashamed of good deeds, and to glory in crime.
+43. Now it is true, gentlemen of the jury, that before now you have
+acquitted some, although knowing they were in the wrong, believing that
+in the future they would be useful to you. But what hope is there that
+the state will be benefited by this fellow, whom you will know to be
+worthless as soon as he begins his defense, and understand to be a coward
+from the rest of his disposition. 44. If he were banished, he could not
+work you any evil, being a coward and poor and unable to effect anything,
+at variance with his kinsmen and hated by other men. So for this reason
+he should not be cared for, (45) but much rather should he furnish an
+example to other men, especially to his associates, who are not willing
+to obey commands and desire such a course of action as his, and while
+mismanaging their own affairs attempt to dictate about yours.
+
+46. I have made my accusation as best I could, and I know that there are
+some of my audience who wonder how I was able to ferret out so accurately
+their misdeeds, while the defendant is laughing to himself because I have
+mentioned (only) the smallest part of their sins. 47. So taking into
+account what has been omitted as well as what has been said, condemn him
+by your votes, remembering that he is liable to the charge, and that the
+state would gain much if relieved of such citizens. Read now to them the
+laws and the oaths and the writ, and with these in mind they will vote
+justly.
+
+
+
+
+ORATION XVI.
+
+MANTITHEUS.
+
+
+1. If I did not know, members of the Boule, that my accusers wished to
+injure me in every way, I should have felt grateful to them for bringing
+this charge. For I think to men slandered unjustly these charges are of
+great benefit, as they compel them to exhibit their mode of life. 2. I
+feel so sure of myself that I hope, if any one here entertains feelings
+of dislike toward me, he will, having heard what I have to say of the
+facts, think better of it and be in all after-time a good friend to me.
+3. I make no claim, members of the Boule, to do anything more than show
+you that I am well disposed to the existing constitution and that I
+shared the same dangers that you did. If I make plain to you that I have
+lived well, contrary to common report and the assertions of my enemies, I
+want you to pass me and count them bad. First, I will show that I did not
+serve in the cavalry, that I was not in Athens at the time of the Thirty,
+and that I took no part in the government of that time.
+
+4. My father sent me before the disaster on the Hellespont, to live at
+the court of Salyrus, king of Bosphorus, and I was not at home, either
+while the walls were being taken down, or the constitution was undergoing
+change, but returned five days before the party of Phyle occupied the
+Piraeus. 5. It is not likely that, arriving at such a time, I was
+desirous of sharing other people's dangers, and they evidently did not
+have any idea of sharing the management of the government with those who
+were away from home and not guilty of disloyalty, but rather
+disenfranchised even those who helped them to abolish the democracy. 6.
+And in the next place it is foolish to estimate the cavalry from the
+register. For there are many persons on this list who admit that they did
+mot serve in the cavalry, and some are written there who were away from
+home. Here is the strongest proof. For when you returned you voted that
+the phylarchs should give in a return of those serving in the cavalry
+that you might recover the allowances. 7. No one can show that my name
+was handed in by phylarchs, nor given to the revenue commissioners as
+having received an allowance. So it is plain to all that it was necessary
+for the phylarchs, if they did not give in the names of those having
+received the allowance, to be losers themselves. So you ought to put much
+more trust in the returns of these men than you do in the register. 8.
+Yet, members of the Boule, if I had served in the cavalry, I should not
+have denied it as if I had been guilty of a terrible crime, but should
+claim, if I proved I had done no one of the citizens any wrong, that I
+ought to be passed. I see that, following this plan, many who served in
+the cavalry at that time are in the Boule, and many have been appointed
+generals, and many commanders of cavalry. Believe, then, that I make this
+defense for no other reason than that they have dared lie about me before
+the whole world. Come and give evidence.
+
+EVIDENCE.
+
+9. I do not know that I need say anything further about the charges. I
+believe in cases of another sort it is only necessary to make a defense
+by refuting accusations, but in trials concerning examination, to offer
+to give an account of one's entire life. I wish you to listen to me
+fairly. I will make the account as short as I can.
+
+10. In the first place, though I was left little money by my father, both
+on account of his misfortunes and the calamity that befell the city, yet
+I married off my two sisters, giving them thirty minae as a dowry; and I
+so divided the property between myself and my brother that he admits that
+he had more than his share. And in all other relations of my life I have
+so behaved that no one ever brought an indictment against me. 11. I think
+the greatest proof of the blamelessness of my public life is that all the
+young men who habitually spend their time with dice, or in drink, or
+excesses of this sort, are my enemies; and it is just they who get up and
+circulate such stories about me. If I and they had the same tastes, it is
+plain that they would have had no such opinion of me. 12. No one can
+prove that I have had a private suit, a public suit, or was ever
+impeached before the Boule. But you see other men often engaged in such
+cases. Last of all, see how well I served the state in the army and in
+the expeditions against the enemy. 13. For first, when you made the
+alliance against the Boeotians, and it was necessary to send assistance
+to Haliartus, I was put in the list of the cavalry by Orthoboulus; but
+seeing that all thought the cavalry was safe, but that there was danger
+to the hoplites, while others not qualified by law were trying to get
+enrolled on the cavalry, I reported myself to Orthoboulus to be struck
+off the list, thinking it disgraceful to be in security myself while
+others were in danger. Come and testify for me, Orthoboulus.
+
+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.
+
+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.
+
+
+
+
+ORATION XXV.
+
+REPLY TO "THE OVERTHROW OF THE DEMOCRACY."
+
+
+1. I can easily excuse your anger, gentlemen of the jury, as you hear
+such words and recall the past, towards all alike who remained in the
+town; but I wonder at the accusers who neglect their own interests to
+attend to other men's. And although clearly knowing who were guilty and
+who not, they try to persuade you to be angry at all of us. 2. If then
+they suppose they have made accusation about everything done by the
+Thirty to the state, I think they are unable to speak, for they have not
+told the smallest part of what they did. But if they make accusation
+about these as if it concerned me, I will prove that they are all wrong,
+and that I conducted myself as the best member of the Piraeus party would
+have done if he remained in the town. 3. I beg you, gentlemen of the
+jury, not to share the opinions of the informers. For it is their habit
+to charge men who are perfectly innocent, for they get the most from
+these, but it is your duty to give civil rights impartially to those who
+are upright; for so you would have the most adherents for the existing
+order of things. 4. And 1 beg you, gentlemen of the jury, if I shall
+prove I am the cause of no calamity, and have benefited the state in many
+ways, both, in person and by contributions, that I may obtain at your
+hands the favor which not only those who have done good work, but those
+who have done no wrong, should receive. 5. So I think it a great proof,
+that if the accusers could convict me of private wrong they would not
+accuse me of the crimes of the Thirty, and they would not think it
+necessary to accuse others of their deeds, but to provide the offenders
+themselves. But now they think the anger against them is sufficient to
+destroy even the innocent. 6. But I do not think it is just if persons
+have greatly aided the state, that others should gain honors and thanks
+from you, nor if any have injured (the state) that the innocent should be
+falsely accused and slandered on their account; for the present enemies
+of the state are sufficient and think it a great gain if men are unjustly
+slandered.
+
+7. And I will try to show you what citizens I think are likely to favor
+an oligarchy and a democracy. For from this you too will know, and I
+shall make my defense by proving, that I have no reason to be ill-
+disposed to the state's interest, either on the ground of what I did
+under the oligarchy or the democracy. 8. Now in the first place, you must
+bear in mind that no one favors an oligarchical or a democratic form of
+government naturally, but whatever form of government is for a man's
+advantage, that one he wishes to establish. Hence it rests largely with
+you that as many as possible should be in favor of things as they now
+stand. And that this is so, is not difficult for you to see from the
+past. 9. For see, gentlemen of the jury, how often the leaders of both
+parties have changed. Did not Phrynichus and Peisander and the other
+demagogues of their party, after wronging you many times, in fear of the
+punishment resulting from their deeds, establish the first oligarchy,
+while many of the Four Hundred united with the Piraeus party, and some of
+those who exiled them became themselves members of the Thirty? And some
+of those who enlisted for Eleusis started out with you and besieged their
+own party. 10. It is very easy to see, gentlemen of the jury, that the
+differences between men are not at all dependent on the form of
+government, but due to personal advantages. So you should examine
+citizens with this in view, considering what their political relations
+were, and inquiring what they gained by a change in conditions. In this
+way you will judge most fairly about them. 11. So I believe that the men
+who were dishonored under the democracy after rendering their accounts,
+or were deprived of property or suffered some other misfortune, (that
+these) are likely to desire a revolution, in the hope that the change
+will result to their advantage. But about the men who did much good for
+the state and no evil, to whom your thanks were due rather than
+punishment, (about these) you should accept no accusations, even if every
+one says they incline to the oligarchy. 12. To me, gentlemen of the jury,
+neither in private or public affairs did any disadvantage come on account
+of which. I was anxious to exchange existing evils for a different form
+of government. For I have been trierarch five times, and four times I
+have been in naval engagements, and have paid many extra taxes in war,
+and have furnished the other contributions no less than other citizens.
+13. Accordingly on this account I expended more than those appointed by
+the state, that I might stand better with you, and if any misfortune came
+to me that I could defend myself better. I was deprived of all advantages
+from these things under the oligarchy. For they did not think that those
+who had benefited the state should gain favor from themselves, but they
+honored those who had Injured you most, taking this as assurance from us.
+All should remember these things, and not trust the words of these men,
+but from the facts investigate what each, man did. 14. For I, gentlemen
+of the jury, was not of the party of the Four Hundred. Let any one who
+wishes step out and confute me; nor indeed will any one prove that while
+the Thirty were in power I either took part in the government nor held
+any office. So if I was unwilling when I could hold office, I should
+receive your honor, but if those then in power did not allow me to share
+in the government, is it not evident that I prove the falsehoods of my
+accusers?
+
+15. Besides, gentlemen of the jury, you should also consider the other
+things I did. For I conducted myself in the misfortunes of the state in
+such a way that if all had held the same ideas as I, no one of you would
+have met with any misfortune. For under the oligarchy no one will be
+shown to have been arrested by me, nor did I punish one of my enemies,
+nor reward a friend. 16. It is not right to wonder at this. For to act
+uprightly at that time was difficult, and easy for one who wished to do
+wrong. Besides, I shall not be proved to have enrolled any Athenian on
+the list, nor to have decided against any, nor to have become more
+wealthy from your failures. Accordingly if you are angry against those
+who are responsible for what has happened, it is fitting that you should
+consider those as noble men who have done no wrong. 17. Now, gentlemen of
+the jury, I think I have given the greatest pledge to the democracy
+about, myself. For the man who made no slip when so great an opportunity
+offered is just the one who will be anxious to be of use, knowing well
+that if he (_I_) does wrong, he (_I_) will pay the penalty at
+once. But I am always so disposed as not to desire a revolution in time
+of the oligarchy, and in the democracy to spend all I have zealously for
+your interests.
+
+18. But I think, gentlemen of the jury, that it would not be just for you
+to hate those who under the oligarchy were not unfortunate, when you had
+reason for anger towards those who did not flee as your enemies, but
+rather those who banished you, and not those who were anxious to save
+their property, but those who robbed others, not those who remained in
+the town for their own safety, but those who wished to destroy others and
+share in authority. But if you think it necessary to destroy those whom
+they (_the oligarchy_) passed by in their career of wrong, no one of
+the citizens will be left out.
+
+19. And from these considerations, gentlemen of the jury, you should
+reason, for you all know that in the former democracy many of the leaders
+of the state stole public funds, some accepted bribes while the state was
+in a critical state, and some by giving information made the allies
+revolt. And if the Thirty punished these alone, you would think them good
+men; but now because I thought the people were suffering from the wrong
+these men committed, you are angry, believing it to be a terrible thing
+that the wrongs of a few should come upon all the state. 20. So it is not
+right to use those measures in which you see they are wrong, nor to
+consider those things just when you inflict them on others, which you
+believe you suffered unjustly. But you are to have the same opinion about
+these when you come back to authority that you had about yourselves when
+in exile. For under these conditions you will bring about the greatest
+harmony, and the state will be increased, and you will legislate to the
+greatest discomfiture of your enemies.
+
+21. But you must remember, gentlemen of the jury, what happened in the
+time of the Thirty, that the mistakes of your enemies may make you
+legislate better for yourselves. For when you heard that the men in the
+town were of one opinion, you had small hope of returning, thinking that
+our harmony was the greatest hindrance in your exile; (22) but when you
+learned that three thousand were revolting, and the rest of the citizens
+had been banished from the town, and the Thirty were divided in opinion,
+more being anxious for you than acting against you, then you expected to
+return and punish your enemies. For you prayed the gods for just what you
+saw them doing, believing you would be saved through the baseness of the
+Thirty rather than return through the power of the exiles. 23. Therefore,
+gentlemen of the jury, you must in the light of previous experiences plan
+for the future, and believe those are most patriotic who wish to
+harmonize you, and abide by their oaths and pledges, thinking that this
+course of action is safest for the state, and the most unfortunate for
+their enemies. For nothing would be harder for them than this, to learn
+that we are sharing in authority, and to perceive that the citizens are
+on such terms that no accusation can be made among them. 24. But ft is
+right to know, gentlemen of the jury, that the exiles wish to slander and
+dishonor as many of the other citizens as they can, in the hope that
+those wronged by you will become their allies, and they expect that the
+informers will stand well with you and come to great influence in the
+state. For they believe that their baseness is safety for themselves.
+
+25. It is worth, while to recall what was done after the Four Hundred.
+For you will understand that what they advised never was for your
+advantage, but what I advise is for the lasting advantage of both forms
+of government. For you know, Epigenes and Demophanes and Cleisthenes as
+private citizens enjoyed the privileges of the state, but in their
+political career were responsible for the gravest errors. 26. For they
+persuaded you to condemn to death some without a trial, to confiscate
+unjustly the property of many, and to banish citizens and deprive them of
+their civil rights. For they were such men as to let the guilty go for a
+bribe, and to ruin the innocent by bringing information to you. And they
+did not cease until they brought the state to a state of confusion and
+utter ruin, and had raised themselves from poverty to wealth. 27. But you
+were in such a condition that you received the exiles, restored civil
+rights and swore to keep the peace. And finally you would more willingly
+have aided the informer in the democracy than the leaders in the
+oligarchy. Naturally too, gentlemen of the jury. For it is evident to all
+that the democracy arose from the unjust conduct of men in the oligarchy,
+and that the oligarchy was twice established because of the informers in
+the democracy. So there is no use in taking these men as counselors, for
+their advice has never been an aid. 28. And It should be realized that
+those of the Piraeus party who have the greatest reputation, and risked
+the most and benefited you most, advised the people to be faithful to
+their oaths and agreements, considering that this was the safeguard of
+the democracy. For it will bring security to the city party for the past,
+and for the Piraeus party their form of government will remain the
+longest time. 29. These are the ones you should trust with much more
+reason than those who in exile were brought back through others and
+become informers on their return. But I think, gentlemen of the jury,
+that some of those who remained in the city evidently share my opinions,
+both under the democracy and the oligarchy, as many as are citizens. 30.
+And it is a matter for speculation what they would have done, had they
+been allowed to become members of the Thirty, as they now under a
+democracy do the same things as they (_the Thirty_), and suddenly
+became wealthy men, never giving any account of the many offices they
+hold, but they arouse, suspicion instead of harmony, have declared war
+and not peace, and through them we have lost the confidence of the
+Greeks. 31. They are responsible for such evils and many others, and
+differ from the Thirty only that those during the oligarchy desired what
+these do, while these men under the democracy desire what those do, and
+both parties think it a duty to wrong whomsoever they wish, as if all
+other men were guilty, while they themselves were the noblest men. 32.
+Yet they are not so much to be wondered at as you, because you know the
+democracy exists, while that happens which they wish, and the men are
+punished, not who are wronging the people, but are not giving up their
+property. 33. And they would rather have the city small than great
+through others, considering that because of the dangers of the Piraeus
+party they can do what they please, and if you are afterwards aided by
+others they will injure these, while the former will gain greater power.
+So by this very fear they stand in the way if any advantage comes to you
+through others. 34. It is not hard to understand if one wishes; and these
+are not anxious to escape notice, but they are ashamed not to seem base,
+while you yourselves see and hear from others.
+
+But we, gentlemen of the jury, think it our duty to abide by our
+agreements and oaths, and likewise when we see the guilty paying the
+penalty we pity them, remembering what was done, but when you clearly
+punish the innocent as the guilty, you will bring suspicion upon us all
+by the same vote.
+
+
+
+
+ORATION XXVIII.
+
+ERGOCLES.
+
+
+1. The accusations are so many and so terrible, men of Athens, that I
+think Ergocles could not pay, even by several deaths, a sufficient
+penalty to the state for each of his deeds. For he is shown to have
+betrayed cities, wronged foreign residents and citizens, and from poverty
+raised himself to wealth from your resources. 2. And how could they
+obtain pardon, when you see your ships which they command dispersing
+through lack of funds, becoming few out of many, and these poor and needy
+men sailing in them and so quickly gaining the wealth of the citizens? It
+is for you, men of Athens, to be enraged against them; (3) for it would
+be strange if you yourselves, so burdened by taxes, should grant pardon
+to thieves and corrupt men now, but formerly, when your estates were
+large as well as the state revenue, you punished with death men who
+desired your property.
+
+4. And I think you all are agreed if Thrasyboulus had announced to you he
+was going to sail out with triremes, and would hand over these old ones
+in place of new ones, and the risks would be yours, but the profits
+belong to his friends, and he would make you poorer through the tributes,
+but would make Ergocles and his followers the richest of citizens, no one
+of you would have trust him to have the ships and sail out. 5. Especially
+as soon as you passed a vote that he was to keep account of the money
+taken from the cities, and that his fellow-commanders were to sail home
+to give their accounts, Ergocles said that you were extortionate and were
+holding to the old laws, and he advised Thrasyboulus to seize Byzantium,
+and to keep the ships, and marry the daughter of Seuthes. 6. "That you
+may thwart their extortions," he said, "for you will make them fear for
+themselves, and no longer sit at home plotting against you and your
+friends." So, fellow Athenians, as soon as they had their fill, and were
+enjoying what belonged to you, they considered themselves aliens of the
+state. 7. For as soon as they are rich they hate you, and they do not
+prepare themselves to obey, but to rule you, and fearing for what they
+have stolen, they are ready to seize fortified places, to set up an
+oligarchy, and to do everything to place you daily in the greatest
+danger; for thus they think that you will no longer pay attention to
+their offenses, but that, fearing for yourselves and the state, you will
+keep quiet in regard to them. 8. So Thrasyboulus, fellow Athenians (for I
+need to say nothing further about him), did well to die as he did; for it
+was not right for him to live planning such deeds, nor to be put to death
+at your hands after his former good services to you, but to be freed from
+the state as he was. 9. And we see these men on account of the assembly
+of day before yesterday not sparing their money, but trying to purchase
+their lives from the orators, and from their enemies, and from the
+Prytanes, and bribing many Athenians. Against this charge you should
+defend yourselves by punishing this man, and should show all men that
+there is not enough money to weaken you so that you do not punish
+offenders. 10. For remember, fellow Athenians, that this trial does not
+concern Ergocles alone, but all the state. For now you will show your
+leaders whether it is necessary to be just, or whether, after stealing as
+much as possible of your funds, (they can) procure safety for themselves
+by the same means as they now attempt (to use). It is to be clearly
+known, fellow Athenians, (11) whoever in such lack of resources on your
+side either betrays cities, or embezzles funds, or bribes (others), is
+the sort of man to betray the walls and fleet to the enemy, and changes
+our democracy to an oligarchy. It is not right for you to submit to their
+schemes, but to establish a precedent to all men, and let no
+considerations of gain, compassion, or anything else be of more
+importance to you than their punishment.
+
+12. I believe that Ergocles, fellow Athenians, will not attempt to defend
+himself about Halicarnassus, and his office, and what he has done, but
+lie will say that he came from Phyle, and was on the democratic side, and
+shared your dangers. But I, fellow Athenians, think otherwise about these
+things. 13. But those who aim for freedom and justice, and wish to
+strengthen the laws, and hate wrong-doers I do not call bad citizens, nor
+do I say that the exile of the party may not be fairly taken into
+account; but against those who came down, and under the democracy annoyed
+the people, and increased their own estates from your resources, we
+should be more indignant than against the Thirty. 14. For these were
+elected for this very purpose, that they might injure you if possible;
+but to these men you entrusted yourselves, that they might make the city
+great and free. Nothing of the sort has resulted for you, but as far as
+these are concerned, you have been placed in greatest danger, so that,
+there is more cause for pitying yourselves than them, and your children
+and wives, that you are ill-treated by such fellows. 15. For when we have
+made up our minds that we are in safety, we suffer more from our leaders
+than from the enemy. Actually you all know that we have no hope of safety
+if once unsuccessful. So it is right for you to take courage and inflict
+the greatest penalty upon these men, and show the rest of Greece that you
+punish offenders, and you will make your leaders better. 16. This then is
+my advice to you; and it is necessary for you to know that if you follow
+my advice you will legislate wisely, and if not, the rest of the citizens
+will become baser. And besides, fellow Athenians, if you acquit them,
+they will not thank you, but the bribes they have given, and the money
+they have embezzled. 17. And moreover, men of Athens, the Halicarnassians
+and the others who have been swindled by them, if you inflict the
+severest penalty upon them, will think they were ruined by these fellows,
+but that you came to their aid; but if you acquit them, they will think
+you connived at their ill-treatment. So it is right for you to remember
+all these facts, and to favor your friends, and exact punishment from the
+offenders.
+
+
+
+
+ORATION XXX.
+
+NICOMACHUS.
+
+
+1. It has been the case, gentlemen of the jury, that some men coming up
+for trial appeared guilty, and yet by showing the valor of their
+ancestors and their own services have obtained pardon from you. As you
+accept this from defendants, if they show they have performed any service
+to the state, I beg you also to listen to the prosecution, if they make
+evident the baseness of the defendant. 2. It would take too long to tell
+you that the father of Nicomachus was a public slave, and what sort of a
+life this man led when a young man, and what age he was when he was
+enrolled in his phratria; but while he was copyist of the laws, who does
+not know how he injured the state? For when he was commanded to
+transcribe the laws of Solon in four months, he made himself the lawgiver
+instead of Solon, and instead of four months he gave himself the office
+for six years, and while taking pay daily, he wrote some laws, and erased
+some. 3. He brought matters to such a pass that we had the laws dealt out
+to us by his hand, and plaintiffs and defendants quoted opposing laws in
+the courts, both claiming they derived them from Nicomachus. And although
+the Archons fined him and summoned him to court, he would not hand over
+the laws, and the city got into the greatest difficulties before he was
+deposed from his office and rendered the account of what he had done. 4.
+And as he paid no penalty for that, what sort of an office has he now
+established for himself? He who has written for four years when he could
+have finished in thirty days? Then, though it was defined from what he
+was to copy, he took matters into his own hands, and while having so much
+in charge, he was the only official who did not render an account. 5. But
+others give in an account of their office according to the Prytany, but
+you, Nicomachus, did not think it necessary to send in yours for four
+years, but you think you alone of all the citizens can hold office for a
+long time, and not hand in an account, nor obey decrees, nor consider the
+laws, but here you write, and there you erase, and have reached such a
+pitch of arrogance as to think the property of the state is yours,
+although, you are the state's slave. 6. Now it is necessary, gentlemen of
+the jury, for you to bear in mind who the ancestors of Nicomachus were,
+and how ungratefully he has treated you contrary to law, and to punish
+him, and as you did not exact the penalty for each offense, now punish
+him for them all. 7. And perhaps, gentlemen of the jury, since he cannot
+defend himself, he will try to slander me. It is only then I think you
+will believe what he says about me when in giving my defense I shall be
+unable to prove his. But if he tries to speak as (he did) in the Boule,
+you will be told I was one of the Four Hundred. From the talk of these
+men, the Four Hundred will become more than a thousand. For slanderers
+bring this up against men who were children at that time, and those who
+were out of the city. 8. And I was so far from being one of the Four
+Hundred, that I was not even one of the Five Thousand. It seems to me to
+be a strange thing that if in a private suit I had so plainly convicted
+him of ill-doing, he would not have thought of escaping by such a
+defense, but now when the trial is in regard to state affairs he thinks
+by accusing me to escape paying the penalty to you.
+
+9. Besides, I think it strange that Nicomachus believe in trumping up old
+scores against others as offenders, when I shall show that he had plots
+against the people. Now hear me; for it is just, gentlemen of the jury,
+to receive such a defense in regard to such men as say now they are
+devoted to the people, when once they tried to ruin the people. 10. And
+when the revolution was being brought about at the defeat of the fleet,
+Cleophon charges the Boule, claiming that it was conspiring and not
+acting for the best interests of the state. And Satyrus of Kephisia, a
+member of the Boule, persuade the Boule to bind him and throw him into
+prison. And they, wishing to destroy him, (11) and fearing that they
+might not kill kill in prison, persuaded Nicomachides to bring up a law
+that the Boule, too, must vote in judicial matters. And this basest of
+all men evidently joined the plot, and on the day of the trial produced
+the law. 12. One might accuse Cleophon, gentlemen at the jury, on other
+accounts; but all are agreed that the men who were bent on destroying the
+people wished above all to get him out of the way, and that Satyrus and
+Chremon, who were members of the Thirty, accused Cleophon not because
+they were incensed at him on your account, but that they might injure you
+after having put him to death. 13. And this they accomplished through the
+law which Nicomachus proposed. You should consider this, even as many of
+you as thought Cleophon a bad citizen, that perhaps some one of those put
+to death by the Thirty was base, but nevertheless that on account of such
+you should be angry at the Thirty, that they killed these not for their
+crimes, but on party grounds. 14. If he defends himself on these grounds,
+remember this, that at such a crisis he produced the law by which the
+revolution occurred, and he aided those who destroyed the democracy, and
+made it possible for the Boule of that time to vote on judicial matters,
+(the Boule) in which Satyrus and Chremon had great influence, and
+Strombichides, and Calliades, and many other noble citizens perished.
+
+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.
+
+EVIDENCE.
+
+19. I ask you now, gentlemen of the jury, to hear my calculation, that
+you may pity the boys for the magnitude of their misfortunes, and think
+this man most deserving of your anger. For Diogeiton causes all men to
+suspect one another, so as to trust neither the living nor the dead, nor
+one's dearest ones more than one's enemies. 20. For he had the hardihood
+to deny some of the facts, but finally acknowledged part, and showed the
+receipts and expenses for the boys and their sister for eight years,
+amounting to seven silver talents and four thousand drachmae. And he
+became so shameless, that not being able to account for the money, he
+charged five obols a day for the living of the boys and their sister, and
+he made no itemized account for shoes and clothing, and the barber either
+by the month or year, but made the sum-total amount to more than one
+talent of silver. 21. And while not spending more than twenty-five minae
+of the five thousand drachmae charged for their father's monument, he
+charged half that amount to himself, and half to them. And for the
+festival of Dionysus, gentlemen of the jury, (for I think it not out of
+place to call this to your minds,) he entered a lamb as costing sixteen
+drachmae, and charged the children with eight; at this we were the most
+indignant. So, my friends, in great losses often the minor wrongs trouble
+those who are injured no less (than more important ones), for they show
+all too plainly the baseness of the offenders. 22. Then for other
+festivals and sacrifices he charged to them more than four thousand
+drachmae, and there were other large charges made, which were reckoned to
+make out the amount, as if he had been made the children's guardian for
+this, that he might show them accounts instead of money, and make up that
+they were poor and not rich, and that, if they had any hereditary enemy,
+they might forget him, and only contend with their guardian being bereft
+of their patrimony.
+
+23. If he had wanted to be just to the children, according to the laws
+which exist about (the treatment of) orphans for the guidance of
+guardians with and without property, he could have farmed out the estate
+(thus) getting rid of all trouble, or bought land, and brought up the
+children on the income from it. Whichever course he followed, they would
+have been as rich as any Athenian. But now he seems to me never to have
+taken any thought of securing the property, but to keep it for himself,
+thinking that his baseness should be the dead man's heir.
+
+24. Here is the worst count of all, gentlemen of the jury. For he, while
+sharing as Trierarch with Alexis, the son of Aristodicus, claimed that he
+had contributed forty-eight minae, and charged half of this to these
+orphan children, whom the state has made exempt, not only because they
+are children, but that when they are of age they are released from
+liturgies for a year. But this man, their grandfather, illegally exacts
+from the children of his own daughter half of his contribution as
+Trierarch. 25. And having sent to Adria a merchant-ship worth two
+talents, he told their mother when he dispatched it, that the risk was
+the children's, but when it arrived in safety and doubled its value, he
+said the profit was his own. And yet, if he puts down their losses, and
+takes himself what is saved, he will find no difficulty in setting down
+on the account what has been spent, and will easily become rich himself
+from the money which does not belong to him. 26. It would be too much,
+gentlemen of the jury, to go through the accounts point by point; but
+when with some difficulty I got the accounts from him, in the presence of
+witnesses I asked Aristodicus, the brother of Alexis, for he had died, if
+he had any record of the trierarchy. He said he had, and going to his
+house we found that Diogeiton had given over to him (Alexis) twenty-four
+minae for the trierarchy. 27. The whole expense was here shown to have
+been forty-eight minae, so that he charged them with what his whole
+expense had been. And what do you think could have been his conduct in
+matters of which no one had any knowledge but himself, and which he
+managed alone, when in transactions which were carried on through others,
+and were not difficult to find out, he had the hardihood to cheat his
+daughter's children out of twenty-four minae. Now bring in the witnesses.
+
+WITNESSES.
+
+28. You have heard the witnesses, gentlemen of the jury. Now taking as a
+basis the money which he finally acknowledged to have, I will reckon from
+that, taking no income into account, but spending from the principal. I
+will allow what no one in the city does, for the two boys, their sister,
+teacher, and maid a thousand drachmae a year, a little less than three
+drachmae a day, amounting in eight years to eight thousand drachmae, (29)
+which shows a balance of six talents from the seven talents twenty minae.
+For he could not show that he has lost to pirates nor suffered loss, nor
+paid creditors (for the father).
+
+
+
+
+ORATION XXXIII.
+
+PANEGYRIC.
+
+
+1. For many noble deeds, my friends, it is well to commemorate Heracles,
+but especially because he was the founder of these games through his
+good-will to Greece. For at that time cities lived in enmity one with
+another; (2) but then that (hero) slew the tyrants, punished the
+arrogant, and established this, contest of strength, emulation of wealth,
+and exhibition of mind in this most beautiful spot in Greece, that for
+all these things we might assemble together, to witness and to hear. For
+he believed that concourse here would be the starting-point for a common
+friendship among the Greeks. 3. He then conceived the plan, and I am here
+not to quibble or juggle with words. For this I believe is the part of
+useless sophists needing to make a living, but it is for a brave man and
+worthy citizen to speak for the highest good, seeing how low lies Greece,
+much in the power of the barbarian, many cities under the foot of
+tyrants. 4. And had we suffered this through weakness, we should have to
+put up with our fate; but as (it resulted) from seditions and wrangling
+among ourselves, why should we not put an end to these things and check
+them, knowing that it is for those who are successful to love quarrels,
+but for the unfortunate to have the clearest ideas about conduct? 5. For
+we see great dangers threatening on all sides, and you know that power
+belongs to the rulers of the sea, and the king holds the treasure and the
+lives of such Greeks as can be bought, and he has many ships, and many,
+too, the tyrant of Sicily. 6. So it is best to cease our quarrels with
+one another, and with one purpose cling to our liberties, feeling shame
+for our past, and fear for the future, and imitate our ancestors who took
+from the barbarians their liberty while they were plotting against that
+of other men, and drove forth the tyrants, and established equal freedom
+for all. 7. And most of all I wonder with what mind the Spartans watch
+the conflagration of Greece, they who are not unjustly the leaders of the
+Greeks through their inborn valor and knowledge of military affairs, who
+are the only ones who live unsacked, without walls, with no factions,
+unconquerable, with no change of customs. For these reasons there is hope
+that they have imperishable freedom, and as in past dangers they were the
+saviors of Greece that they will be seen as such for the future. 8. No
+future time is better than the present. For there is no need of regarding
+the misfortunes of those who have perished as concerning others, but
+ourselves, and not wait until the forces of both come upon us in person,
+but while we can, check their arrogance. 9. For who would not feel alarm,
+seeing them gaining in importance in the war with each other? And in
+these disgraceful and terrible circumstances those who have been so
+greatly at fault have every advantage from what has occurred, while the
+Greeks (have) no means of redress.
+
+
+
+
+
+
+End of the Project Gutenberg EBook of The Orations of Lysias, by Lysias
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