The Orations of Lysias

by Lysias

18. Again, supposing I had squared matters with them, how could I have bribed all who are present or the neighbors, who not only know about each other's public affairs, but also about those we try to keep a secret from all. Some of these are my friends, but others are not on good terms with me. 19. These my accuser should have brought as witnesses, and not made the charge at random. He says I stood near while my slaves cut out the stump and the driver put the stump in his cart and went away with the wood. 20. Then was the time, Nicomachus, for you to summon the witnesses who were there and show up the crime. You would have left me no escape, and if I were hated by you, you would have had revenge in this way. If you did it from patriotism, having (21) exposed me in this manner, you would not seem to be an informer, and if you desired gain, in this way could you have obtained most. As the crime was clear I should have had no means of safety if I did not bribe you. As you did none of these things, you seem, by your assertions, to be destroying me, having said in the prosecution that no one wishes to testify on account of my influence and wealth. 22. If, when you said you saw me cutting down the olive, you had brought the nine archons or some one else from the Areopagus, no further witnesses would be needed. For thus the very men who judge the case would have known that you spoke the truth. 23. I am placed in a very unfair position. If he had produced witnesses he would have expected you to believe them, but since he has none he thinks to turn this to my disadvantage. And I do not wonder at this. For in a case like this he would not lack witnesses and arguments at the same time. But I do not think you hold the same opinion he does. 24. You know that there were in the country, in other places of mine, many olives and burnt stumps which, if I had set my heart, upon it, it would have been much easier for me to injure, cut down and encroach upon, as my crime was likely to be less apparent on account of the number of trees. 25. Thus I make them as much account as my country and other possessions, running the risk I do of losing both. I shall bring before you as witnesses those men who act as inspectors every month, and send collectors every year. No one of these men ever fined me for farming the ground about the olive. 26. It is very probable that taking such care about the small fines I should pay no attention whatever to my bodily safety. Am I shown to take such care of the many olives, against which I might have committed the trespass, but called to account for the very olive which it was not possible to dig up without detection? 27. Was it not easier for me, (members of the) Boule, to break the laws during the Democracy than under the Thirty? I do not say this because I had any influence at that time or as being now in a position of distrust, but it was easier for any one who wished to do wrong then than it is now. I am not charged with doing this or any other wrong during that time. 28. Unless I of all men had been most ill-disposed to myself, how could I have attempted to cut an olive from a piece of ground on which there was not a single tree except, as he says, the stump of one olive, about which the road ran on both sides, with neighbors dwelling on all sides, and perfectly open to the view of all? Would any one have been so utterly reckless, such, being the case, as to have done such a deed? 29. I think it strange that those men appointed by the city to look after the sacred olives never fined me for encroaching upon the trees nor brought me to trial on the charge of cutting them down, but that this man, who is not a neighbor, nor an inspector, nor old enough to know about such things, has entered me on the indictment as having destroyed an olive.

30. I wish you not to place more trust in the assertions of my accuser than you do in the facts themselves, nor accept the word of my personal enemies in matters which you yourself know about, but to form your opinions from what I have told you and from the rest of my conduct as a citizen. 31. For I did everything allotted to me in a grander manner than I was compelled to do by the state: equipped a trireme, supplied a chorus, and performed all my other duties more expensively than the rest of the citizens. 32. If I had done these things in a moderate way, and not expensively, I should not be fighting against exile and for my possessions, but should be worth more and not unjustly be on trial for my life. If I had committed the crime with which he charges me I should have gained nothing, but only brought myself into difficulty. 33. You all would agree that it is more just to accept weighty proofs in a great case and to regard as more trustworthy those things to which the whole city testifies, than those which the prosecutor alone asserts.

34. Look at the case, (members of the) Boule, from what took place besides. I went to him, and in the presence of witnesses said that I now had all the slaves of which I had been possessed at the time I bought the place, and I was ready, if he wished, to give them up to be tortured, thinking that this would be the strongest test of his assertions and of the facts. 35. But he would not take them, saying that there was no trusting slaves. It seems to me strange that slaves when tortured make damning statements about themselves, knowing well that it will kill them, but prefer to be tortured than to inform on their masters to whom they are naturally ill-disposed, when by doing so they could free themselves. 36. If Nicomachus had asked for them, and I had refused to give them up, it would be evident that I thought them conscious of my guilt. As he did not wish to take them when offered, you rightly can have the same opinion about him, for the danger was not by any means evenly divided. 37. Had they denounced me, there would have been no escape for me. If they had not testified what he wished he would have suffered no penalty. So that it devolved a great deal more on him to take them than on me to offer them. But I was thus zealous, thinking it was for my interest to have you learn the truth of the matter either from the evidence of slaves or freedmen or facts.

38. Consider then, (members of the) Boule, whether you ought to trust me for whom many persons have given testimony, or my accuser for whom no one dares testify, and whether it is more likely that he lied when there was no risk to himself, or that in the face of such great danger I committed the act, and whether you think he made the accusation merely for the good of the city or as an informer.

39. For I think you know that Nicomachus, induced by my personal enemies, brought the case into court, not hoping to prove me guilty, but expecting to be bribed. For, in proportion as such charges are most easily imputed and most difficult to refute, so much the more do all men endeavor to avoid them. 40. I, (members of the) Boule, did not think it right (to shun trial), but when he brought the charge submitted myself entirely to your disposal, nor did I try to conciliate any one of my enemies who speak evil of me rather than praise themselves. No one ever attempted to do me any open injury, but set on me men of such a character as these in whom you cannot justly place any confidence. 41. I should be the most wretched of all men if I were driven unjustly into exile, childless and alone, leaving my home desolate, my mother in need of everything, deprived of my country on the most disgraceful charges, although I have been engaged in many sea-fights and many battles, and have conducted myself in an orderly manner both under the Democracy and under the Oligarchy.

42. I do not know, (members of the) Boule, that it is necessary for me to say anything more. I have shown you that there was not an olive on the place, and I have brought witnesses and proof. You must judge the case, bearing in mind that you should learn from this man why, when it was possible to catch me in the act, he brings the accusation after so long a time, (43) and why, although bringing no witness, he wants you to trust his mere assertions when he could have arrested me in the act, and why, although I offered him all the slaves who he says were present, he refused to take them.

ORATION IX.

POLYAENUS.

1. What purpose have the prosecutors in disregarding the main point, and trying to attack my character? Are they not aware that they should speak about the question at issue? Or do they indeed understand this, but thinking to divert your attention, present more arguments in regard to every sort of matter than about what they should (speak)? 2. I see clearly that they speak, not because they have a small opinion of me, but of their case. I should not be surprised if they supposed that you would be persuaded by their slanders and convict me. 3. I did think, gentlemen of the jury, that my trial was in regard to the accusation, not in regard to my character. But since the prosecutors attack that, I must make my defense on all sides. First then, I shall tell you about the writ.

4. Two years ago I came to the city, but lived here only two months when I was put on the list for military service. When I found out it had been done, I immediately surmised I had been chosen for no honest reason. So I went to the Strategus and showed I had served, but I met with no satisfaction. I was angered at their insults, but held my peace. 5. And not knowing what to do, and consulting a citizen about my course of action, I found out that they threatened me with imprisonment, saying that (I), Polyaenus, had lived in the city no less time than Callicrates. This conversation had been held at the bank of Philias. 6. So Ctesicles, the archon, and his associates imposed a fine upon me contrary to law, upon the accusation of some one that I spoke evil of them, the law really declaring "if any one speak evil of the government in council." They made the accusation, but did not attempt to enforce the penalty, but at the end of their term of office entered it on the register and gave it to the stewards (of the treasury). 7. The stewards however held a different view of the matter, and calling up those who gave them the item, demanded the reason for the charge. After they had heard what had happened, and understood the treatment I had received, at first they tried to persuade them to drop the matter, showing that it was not right for any citizen to be registered as owing a fine; but being unable to persuade them otherwise, they ran the risk (of being called to account) by you and decided to cancel the fine. 8. That I was then released by the stewards, you are well aware. But although believing that in reality I have been cleared from the charge by this showing, yet I will bring further laws and other pleas.