The Orations of Lysias

by Lysias

But we, gentlemen of the jury, think it our duty to abide by our agreements and oaths, and likewise when we see the guilty paying the penalty we pity them, remembering what was done, but when you clearly punish the innocent as the guilty, you will bring suspicion upon us all by the same vote.

ORATION XXVIII.

ERGOCLES.

1. The accusations are so many and so terrible, men of Athens, that I think Ergocles could not pay, even by several deaths, a sufficient penalty to the state for each of his deeds. For he is shown to have betrayed cities, wronged foreign residents and citizens, and from poverty raised himself to wealth from your resources. 2. And how could they obtain pardon, when you see your ships which they command dispersing through lack of funds, becoming few out of many, and these poor and needy men sailing in them and so quickly gaining the wealth of the citizens? It is for you, men of Athens, to be enraged against them; (3) for it would be strange if you yourselves, so burdened by taxes, should grant pardon to thieves and corrupt men now, but formerly, when your estates were large as well as the state revenue, you punished with death men who desired your property.

4. And I think you all are agreed if Thrasyboulus had announced to you he was going to sail out with triremes, and would hand over these old ones in place of new ones, and the risks would be yours, but the profits belong to his friends, and he would make you poorer through the tributes, but would make Ergocles and his followers the richest of citizens, no one of you would have trust him to have the ships and sail out. 5. Especially as soon as you passed a vote that he was to keep account of the money taken from the cities, and that his fellow-commanders were to sail home to give their accounts, Ergocles said that you were extortionate and were holding to the old laws, and he advised Thrasyboulus to seize Byzantium, and to keep the ships, and marry the daughter of Seuthes. 6. "That you may thwart their extortions," he said, "for you will make them fear for themselves, and no longer sit at home plotting against you and your friends." So, fellow Athenians, as soon as they had their fill, and were enjoying what belonged to you, they considered themselves aliens of the state. 7. For as soon as they are rich they hate you, and they do not prepare themselves to obey, but to rule you, and fearing for what they have stolen, they are ready to seize fortified places, to set up an oligarchy, and to do everything to place you daily in the greatest danger; for thus they think that you will no longer pay attention to their offenses, but that, fearing for yourselves and the state, you will keep quiet in regard to them. 8. So Thrasyboulus, fellow Athenians (for I need to say nothing further about him), did well to die as he did; for it was not right for him to live planning such deeds, nor to be put to death at your hands after his former good services to you, but to be freed from the state as he was. 9. And we see these men on account of the assembly of day before yesterday not sparing their money, but trying to purchase their lives from the orators, and from their enemies, and from the Prytanes, and bribing many Athenians. Against this charge you should defend yourselves by punishing this man, and should show all men that there is not enough money to weaken you so that you do not punish offenders. 10. For remember, fellow Athenians, that this trial does not concern Ergocles alone, but all the state. For now you will show your leaders whether it is necessary to be just, or whether, after stealing as much as possible of your funds, (they can) procure safety for themselves by the same means as they now attempt (to use). It is to be clearly known, fellow Athenians, (11) whoever in such lack of resources on your side either betrays cities, or embezzles funds, or bribes (others), is the sort of man to betray the walls and fleet to the enemy, and changes our democracy to an oligarchy. It is not right for you to submit to their schemes, but to establish a precedent to all men, and let no considerations of gain, compassion, or anything else be of more importance to you than their punishment.

12. I believe that Ergocles, fellow Athenians, will not attempt to defend himself about Halicarnassus, and his office, and what he has done, but lie will say that he came from Phyle, and was on the democratic side, and shared your dangers. But I, fellow Athenians, think otherwise about these things. 13. But those who aim for freedom and justice, and wish to strengthen the laws, and hate wrong-doers I do not call bad citizens, nor do I say that the exile of the party may not be fairly taken into account; but against those who came down, and under the democracy annoyed the people, and increased their own estates from your resources, we should be more indignant than against the Thirty. 14. For these were elected for this very purpose, that they might injure you if possible; but to these men you entrusted yourselves, that they might make the city great and free. Nothing of the sort has resulted for you, but as far as these are concerned, you have been placed in greatest danger, so that, there is more cause for pitying yourselves than them, and your children and wives, that you are ill-treated by such fellows. 15. For when we have made up our minds that we are in safety, we suffer more from our leaders than from the enemy. Actually you all know that we have no hope of safety if once unsuccessful. So it is right for you to take courage and inflict the greatest penalty upon these men, and show the rest of Greece that you punish offenders, and you will make your leaders better. 16. This then is my advice to you; and it is necessary for you to know that if you follow my advice you will legislate wisely, and if not, the rest of the citizens will become baser. And besides, fellow Athenians, if you acquit them, they will not thank you, but the bribes they have given, and the money they have embezzled. 17. And moreover, men of Athens, the Halicarnassians and the others who have been swindled by them, if you inflict the severest penalty upon them, will think they were ruined by these fellows, but that you came to their aid; but if you acquit them, they will think you connived at their ill-treatment. So it is right for you to remember all these facts, and to favor your friends, and exact punishment from the offenders.

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.