The Orations of Lysias Part 5

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 s.h.i.+ps, 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 amba.s.sador, 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 amba.s.sadors 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 archons.h.i.+p 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 G.o.ds! 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 s.h.i.+ps, 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. Stepha.n.u.s, 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 a.s.sembly that Diotimus had forty talents more than he acknowledged from the s.h.i.+p 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 n.o.blest 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 G.o.ds, 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 a.s.sembly 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 a.s.sume 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 s.h.i.+ps 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 a.s.sertion 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 compa.s.sion 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, wis.h.i.+ng 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.