The Orations of Lysias

by Lysias

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.