The Orations of Lysias

by Lysias

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?