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.