The Orations of Lysias

by Lysias

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 ships 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 assertion 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 compassion 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.