The Orations of Lysias

by Lysias

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.