The Orations of Lysias

by Lysias

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.

ORATION XXXL.

AGAINST PHILON.

1. Until now I believed, gentlemen of the Boule, that Philon would not come to such a point of daring, as to bring himself to appear before you for examination; but as he is audacious, not in one thing but many, and I have come to the council-house after taking oath to legislate for the state in the best possible way, (2) and it is contained in the oath (that one should) declare it if he knows that a man chosen for office is not fit to consult for the state, I will make this accusation against this Philon here, not indeed because I follow up any private enmity, nor rising among you because I am able and accustomed to speak, but realizing (trusting in) the number of his crimes, and believing I must be faithful to the oaths I have taken. 3. You will know that I am not so well prepared to bring proof against him as he was (when) he entered on his course of crime. Yet if I should omit some point in the accusation, he ought not justly to benefit from this, but rather should be rejected on ground of whatever I prove satisfactorily. 4. For I shall speak insufficiently on account of my lack of acquaintance with all he has done, but adequately so far as the evil goes which attaches to him. But I beg you, as many of you as are better speakers than I, to declare that his sins are (even) greater, and out of what I leave unsaid you are to accuse Philon about what you yourselves know. For you should decide upon his character not alone from what I may say.

5. For I mean that it is not right for any to legislate for us, except those who besides being citizens are really interested in being such. For with such the difference is great between a prosperous and an unsuccessful condition of this state, because they think they must bear their share of evil as well as good. 6. But as many as are citizens by birth, but believe that the whole earth is their country in which they have property, it is evident that these would disregard the common welfare of the state, and turn their attention to their personal advantage, because they consider not the state, but their property their country. 7. So I will show that this Philon has cared more for his personal safety than for the common danger of the commonwealth, and that he thinks it better for him to live his life without danger than for the state to be in safety, even while endangering other citizens.