The Orations of Lysias Part 6

They all said they did not, except one, who said he knew of no citizen of this name, but said he had had a runaway slave, Pancleon, and the age and trade corresponded to this man's. 8. That this is the truth, I will bring in as witnesses Euthycritus; whom I asked first, and the rest of the Plataeans whom I approached, and the man who claims to be his master. Now shut off the water.

WITNESSES.

9. Not many days after this, I saw this Pancleon seized by Nicomedes, who had testified he was his master, and I went up to him, wis.h.i.+ng to know what was to be done with him. Then after they ceased struggling, some of the witnesses said that he had a brother who would release him; then they gave securities to bring him to the market-place, and separated and went away. 10. The next day for the sake of his indictment (against me) and this suit, I thought I should be present (at court) with witnesses, in order to know who would release him and what he would say to get him off.

Now as to the conditions on which he was released on bail, neither a brother nor any one else came, but a woman who claimed he was her slave, laying claim against Nicomedes, and she refused to let him take Pancleon.

11. It would be a long story to go through all which was said there; but his witnesses and this man himself reached such a pitch of violence that while Nicomedes and the woman were willing to give him up if any one should legally release him, or take him (into slavery) claiming to be his master, they did neither of these things, but seized him and left. That on the day before he had been bailed on these conditions and that they forcibly carried him off, I will furnish, evidence to you. Now shut off the water.

WITNESSES.

12. It is easy to see that not even Pancleon thinks himself a free man, to say nothing of being a Plataean. For one who wished by being released by force to render his friends liable to action for forcible seizure, rather than to take the penalty from those trying to drag him into slavery after his release according to laws, every one would plainly know that as he knew himself to be a slave he feared after getting bail to contend for his freedom.

13. That he is far from being a Plataean, I think you are fairly convinced by these facts. And that not even this man, who best knows his own affairs, thinks that you think him to be a Plataean, you will see easily from what he did. For in the investigation of the suit which this Aristodicus had against him, he objected to the suit being before the polemarch, and it was denied that he was a Plataean. 14. Then having brought suit against the witness, he did not carry it out, but allowed Aristodicus to defeat him. And when he was over time (in paying his fine), he discharged the debt at the best terms he could. And I will bring witnesses that this is true. Now shut off the water.

WITNESSES.

15. Before he had arranged with him, fearing Aristodicus, he left here and went to Thebes. And I think you know if he were a Plataean, he would probably have taken refuge anywhere else sooner than in Thebes. I will bring witnesses that he lived some time there. Now shut off the water.

WITNESSES.

16. I think I have said enough, gentlemen of the jury; for if you keep these things in mind, I am sure you will vote what is just and true, and what I beg of you.

ORATION XXIV.

THE CRIPPLE.

1. I am almost obliged to the accuser, members of the Boule, because he has got up this suit. For I have not had any pretext on which to give an account of my life, but now I have seized this opportunity. And in my speech I will try to show that he is falsifying, and that up to this day I have lived rather to deserve praise than jealousy; for he seems to me to have trumped up this suit through nothing else than jealousy. 2. And from what kind of baseness do you think a man would abstain who grudges (giving to) those whom others pity? For not for money does he inform against me, nor seeks to punish me as a private enemy, for I never had any dealings with him as a friend or enemy. 3. Now then, members of the Boule, he is evidently jealous, because in spite of this misfortune I am a better citizen than he. For I think, members of the Boule, that necessarily misfortunes of the body are n.o.bly remedied by pursuits of the mind. For if I have the disposition corresponding with this trouble, and conduct myself otherwise, how shall I differ from this man?

4. About these things let me speak as I have done, and about what it is my interest to speak, I will speak with as few words as possible. For the accuser says that it is not just for me to receive the pension from the state, for I am sound of body and am not helpless, and understand a trade so as to live without (the pension). 5. And as proofs of my bodily strength he instances the fact that I ride horseback, and of my skill in my trade that I can a.s.sociate with men able to be extravagant. I believe all of you are acquainted with my success in my trade and the rest of my livelihood, what it may be; yet I will mention these in few words. 6. My father left me nothing, and only within three years I have ceased supporting my mother as she died. I have no children to care for me. But I have a trade which can a.s.sist me a little, which I myself work at with difficulty, as I am not able to buy a slave to relieve me at it. I have no other income than this, and if you take it from me, I shall run the risk of coming into the hands of a cruel fate. 7. As you can help me justly, members of the Boule, do not ruin unjustly. Do not take from me in my old age and weakness what you gave me when young and strong; do not receive harshly those who are pitied even by their enemies, when formerly you seemed to be most charitable to those that had no trouble. Do not have the heart to wrong me and so bring discouragement on others in like condition. 8. For it would be absurd, members of the Boule, that if when I merely had this misfortune, then it appeared I was receiving this pension, and that now when old age and disease and their consequences had come upon me, then I should be deprived of it. 9. It seems to me that the accusers more clearly than any one else shows my utter poverty. For I should be appointed as choragus for tragedies and should call on him to exchange with me, he would prefer to be choragus ten times rather than exchange once with me. And is it not strange for him to charge me now of being able through my success to a.s.sociate on an equality with the wealthiest man, and to be so (poor) if anything of the sort should happen as I said? and even more wretched?

10. And about my horsemans.h.i.+p, which he dares mention to you, neither fearing fate nor ashamed before you, there is not much to say. For I knew, members of the Boule, that all men having such a calamity seek something like this, and study this problem, how to manage their deformities with the least pain to themselves. I am one of these, and I hit upon this relief for my infirmities for the long journeys I am obliged to take. 11. It is easy to learn, members of the Boule, what is the best proof that I ride on account of my infirmity and not from arrogance. For if I had wealth, I should ride on a cus.h.i.+oned saddle, and not on other people's horses; but now since I cannot buy such a one, I have to use other people's horses often. 12. Now is it not inconsistent, members of the Boule, that this very man if he had seen me on a cus.h.i.+oned saddle would have held his peace, (for what could he have said?) but because I ride borrowed horses that he tries to persuade you that I am sound? And that I use two crutches while others use but one, (why does he) not charge me that this is a mark of sound men? But that I ride he uses as a proof to you that I am sound. But both of these I employ for the same reason.

13. He surpa.s.ses all in shamelessness so much that he tries to persuade you, he alone against so many (of you), that I am not a cripple. If he persuades any of you, members of the Boule, what hinders my drawing lots for the nine archons, and your taking my obol from me as being sound, and giving it to him as a cripple? For surely you will not take away a gift from a man as being sound while they prevent his drawing lots as being unsound. 14. But really you do not have the same opinion as this man, nor does he (hold it) in his better moments. For he comes here to dispute as if my infirmity were an inheritance, and he tries to persuade you that I am not such as you all see (me to be); but you, as if right for reasonable men, trust the evidence of your own eyes rather than his words.

15. But he says I am insolent and violent and licentious in my disposition, just as if he were more likely to be speaking the truth if he calls dreadful names, but will not accomplish this if he speaks mildly and remains by the facts. But I think, members of the Boule, that you clearly know what sort of men are apt to be insolent and what not. 16.

For it is not likely that the poor and needy should be insolent, but those who have much more than they need; nor those who are infirm in body, but those who rely on their own strength; nor those well advanced in years, but those who are yet young and have youthful minds. 17. For the rich buy off dangers with their wealth, but the poor are forced to prudence by their lack of resources; and the young expect pardon from their elders, and both blame the old equally for lapses; (18) and it is for the strong without any cause to be insolent to whomsoever they wish, but it is not possible for the weak if insulted to defend themselves against those who provoke them, nor if they wish to be violent can they overcome their victims. So that the accuser seems to me to speak about my violence as a joke, not in earnest, not really wis.h.i.+ng to persuade you that I am such, but wis.h.i.+ng to make fun of me, as if doing a fine thing.

19. And besides he says that many men gather about me who are of base character, who have lost their property and plan against those who wish to save their own (property). Remember all of you that in saying this he charges me no more than any who have trades, nor those who enter my shop more than those (who go into the shop) of other artisans. 20. For each of you has been in the habit of going, one to a perfume shop, another to the barber shop, one to a shoemaker's shop, others here and there, most of all to the shops set up near the market-place, and very few to those far from it. So if any of you charges those who come to my shop with bad conduct, evidently you charge those who frequent other men's shops, and if these, then all the Athenians; for you are all accustomed to go about and spend your time somewhere or other. 21. I do not know that I ought to weary you longer by accurately making my defense against each thing which has been said. For if I have spoken about the main points, why should I like him speak earnestly about trivial matters? But I beg you, members of the Boule, to have the same mind toward me now as formerly. 22. Do not for this man strip me of the only thing which fate has given me in exchange for civil rights. Let him not alone persuade you to take back what you all gave me in common. For since, members of the Boule, G.o.d has deprived us of the highest offices, the city voted this pension, thinking that the fortune should be alike for unfortunate and fortunate. 23.

Should I not be most wretched if I should be deprived through this misfortune of the finest and best things, and through this accuser of what the city intended for those in this condition? Do not, members of the Boule, pa.s.s this vote. For why should I find you of such a disposition? 24. Because some one in a trial ever lost his property through me? But no one could prove that. Because I am meddlesome, and harsh and quarrelsome? But I do not chance to have such conditions of life for such actions. 25. But that I am violent and disorderly? But not even he would say that if he did not wish to lie about this as the other things. But that being in power in the reign of the Thirty I maltreated many of the citizens? But after the democracy I fled to Chalcis on the Euripus, and though I could have been a citizen among them without fear, I preferred to run my risk with you all. 26. And now, members of the Boule, having done no wrong, may I not find you such towards me as to those who have committed many offenses, but cast the same vote for me that the other councils (have cast), remembering that I am not giving account of money of the state which I have managed, nor that I am not rendering an account of any office which I have held, but I am making the argument for an obol only. 27. And so you will understand the justice of the matter, and I with justice from you will have this favor, and this man for the future will learn not to plot against those weaker than himself, but to get ahead of men like himself.

ORATION XXV.

REPLY TO "THE OVERTHROW OF THE DEMOCRACY."

1. I can easily excuse your anger, gentlemen of the jury, as you hear such words and recall the past, towards all alike who remained in the town; but I wonder at the accusers who neglect their own interests to attend to other men's. And although clearly knowing who were guilty and who not, they try to persuade you to be angry at all of us. 2. If then they suppose they have made accusation about everything done by the Thirty to the state, I think they are unable to speak, for they have not told the smallest part of what they did. But if they make accusation about these as if it concerned me, I will prove that they are all wrong, and that I conducted myself as the best member of the Piraeus party would have done if he remained in the town. 3. I beg you, gentlemen of the jury, not to share the opinions of the informers. For it is their habit to charge men who are perfectly innocent, for they get the most from these, but it is your duty to give civil rights impartially to those who are upright; for so you would have the most adherents for the existing order of things. 4. And 1 beg you, gentlemen of the jury, if I shall prove I am the cause of no calamity, and have benefited the state in many ways, both, in person and by contributions, that I may obtain at your hands the favor which not only those who have done good work, but those who have done no wrong, should receive. 5. So I think it a great proof, that if the accusers could convict me of private wrong they would not accuse me of the crimes of the Thirty, and they would not think it necessary to accuse others of their deeds, but to provide the offenders themselves. But now they think the anger against them is sufficient to destroy even the innocent. 6. But I do not think it is just if persons have greatly aided the state, that others should gain honors and thanks from you, nor if any have injured (the state) that the innocent should be falsely accused and slandered on their account; for the present enemies of the state are sufficient and think it a great gain if men are unjustly slandered.

7. And I will try to show you what citizens I think are likely to favor an oligarchy and a democracy. For from this you too will know, and I shall make my defense by proving, that I have no reason to be ill- disposed to the state's interest, either on the ground of what I did under the oligarchy or the democracy. 8. Now in the first place, you must bear in mind that no one favors an oligarchical or a democratic form of government naturally, but whatever form of government is for a man's advantage, that one he wishes to establish. Hence it rests largely with you that as many as possible should be in favor of things as they now stand. And that this is so, is not difficult for you to see from the past. 9. For see, gentlemen of the jury, how often the leaders of both parties have changed. Did not Phrynichus and Peisander and the other demagogues of their party, after wronging you many times, in fear of the punishment resulting from their deeds, establish the first oligarchy, while many of the Four Hundred united with the Piraeus party, and some of those who exiled them became themselves members of the Thirty? And some of those who enlisted for Eleusis started out with you and besieged their own party. 10. It is very easy to see, gentlemen of the jury, that the differences between men are not at all dependent on the form of government, but due to personal advantages. So you should examine citizens with this in view, considering what their political relations were, and inquiring what they gained by a change in conditions. In this way you will judge most fairly about them. 11. So I believe that the men who were dishonored under the democracy after rendering their accounts, or were deprived of property or suffered some other misfortune, (that these) are likely to desire a revolution, in the hope that the change will result to their advantage. But about the men who did much good for the state and no evil, to whom your thanks were due rather than punishment, (about these) you should accept no accusations, even if every one says they incline to the oligarchy. 12. To me, gentlemen of the jury, neither in private or public affairs did any disadvantage come on account of which. I was anxious to exchange existing evils for a different form of government. For I have been trierarch five times, and four times I have been in naval engagements, and have paid many extra taxes in war, and have furnished the other contributions no less than other citizens.

13. Accordingly on this account I expended more than those appointed by the state, that I might stand better with you, and if any misfortune came to me that I could defend myself better. I was deprived of all advantages from these things under the oligarchy. For they did not think that those who had benefited the state should gain favor from themselves, but they honored those who had Injured you most, taking this as a.s.surance from us.

All should remember these things, and not trust the words of these men, but from the facts investigate what each, man did. 14. For I, gentlemen of the jury, was not of the party of the Four Hundred. Let any one who wishes step out and confute me; nor indeed will any one prove that while the Thirty were in power I either took part in the government nor held any office. So if I was unwilling when I could hold office, I should receive your honor, but if those then in power did not allow me to share in the government, is it not evident that I prove the falsehoods of my accusers?

15. Besides, gentlemen of the jury, you should also consider the other things I did. For I conducted myself in the misfortunes of the state in such a way that if all had held the same ideas as I, no one of you would have met with any misfortune. For under the oligarchy no one will be shown to have been arrested by me, nor did I punish one of my enemies, nor reward a friend. 16. It is not right to wonder at this. For to act uprightly at that time was difficult, and easy for one who wished to do wrong. Besides, I shall not be proved to have enrolled any Athenian on the list, nor to have decided against any, nor to have become more wealthy from your failures. Accordingly if you are angry against those who are responsible for what has happened, it is fitting that you should consider those as n.o.ble men who have done no wrong. 17. Now, gentlemen of the jury, I think I have given the greatest pledge to the democracy about, myself. For the man who made no slip when so great an opportunity offered is just the one who will be anxious to be of use, knowing well that if he (_I_) does wrong, he (_I_) will pay the penalty at once. But I am always so disposed as not to desire a revolution in time of the oligarchy, and in the democracy to spend all I have zealously for your interests.

18. But I think, gentlemen of the jury, that it would not be just for you to hate those who under the oligarchy were not unfortunate, when you had reason for anger towards those who did not flee as your enemies, but rather those who banished you, and not those who were anxious to save their property, but those who robbed others, not those who remained in the town for their own safety, but those who wished to destroy others and share in authority. But if you think it necessary to destroy those whom they (_the oligarchy_) pa.s.sed by in their career of wrong, no one of the citizens will be left out.

19. And from these considerations, gentlemen of the jury, you should reason, for you all know that in the former democracy many of the leaders of the state stole public funds, some accepted bribes while the state was in a critical state, and some by giving information made the allies revolt. And if the Thirty punished these alone, you would think them good men; but now because I thought the people were suffering from the wrong these men committed, you are angry, believing it to be a terrible thing that the wrongs of a few should come upon all the state. 20. So it is not right to use those measures in which you see they are wrong, nor to consider those things just when you inflict them on others, which you believe you suffered unjustly. But you are to have the same opinion about these when you come back to authority that you had about yourselves when in exile. For under these conditions you will bring about the greatest harmony, and the state will be increased, and you will legislate to the greatest discomfiture of your enemies.

21. But you must remember, gentlemen of the jury, what happened in the time of the Thirty, that the mistakes of your enemies may make you legislate better for yourselves. For when you heard that the men in the town were of one opinion, you had small hope of returning, thinking that our harmony was the greatest hindrance in your exile; (22) but when you learned that three thousand were revolting, and the rest of the citizens had been banished from the town, and the Thirty were divided in opinion, more being anxious for you than acting against you, then you expected to return and punish your enemies. For you prayed the G.o.ds for just what you saw them doing, believing you would be saved through the baseness of the Thirty rather than return through the power of the exiles. 23. Therefore, gentlemen of the jury, you must in the light of previous experiences plan for the future, and believe those are most patriotic who wish to harmonize you, and abide by their oaths and pledges, thinking that this course of action is safest for the state, and the most unfortunate for their enemies. For nothing would be harder for them than this, to learn that we are sharing in authority, and to perceive that the citizens are on such terms that no accusation can be made among them. 24. But ft is right to know, gentlemen of the jury, that the exiles wish to slander and dishonor as many of the other citizens as they can, in the hope that those wronged by you will become their allies, and they expect that the informers will stand well with you and come to great influence in the state. For they believe that their baseness is safety for themselves.

25. It is worth, while to recall what was done after the Four Hundred.

For you will understand that what they advised never was for your advantage, but what I advise is for the lasting advantage of both forms of government. For you know, Epigenes and Demophanes and Cleisthenes as private citizens enjoyed the privileges of the state, but in their political career were responsible for the gravest errors. 26. For they persuaded you to condemn to death some without a trial, to confiscate unjustly the property of many, and to banish citizens and deprive them of their civil rights. For they were such men as to let the guilty go for a bribe, and to ruin the innocent by bringing information to you. And they did not cease until they brought the state to a state of confusion and utter ruin, and had raised themselves from poverty to wealth. 27. But you were in such a condition that you received the exiles, restored civil rights and swore to keep the peace. And finally you would more willingly have aided the informer in the democracy than the leaders in the oligarchy. Naturally too, gentlemen of the jury. For it is evident to all that the democracy arose from the unjust conduct of men in the oligarchy, and that the oligarchy was twice established because of the informers in the democracy. So there is no use in taking these men as counselors, for their advice has never been an aid. 28. And It should be realized that those of the Piraeus party who have the greatest reputation, and risked the most and benefited you most, advised the people to be faithful to their oaths and agreements, considering that this was the safeguard of the democracy. For it will bring security to the city party for the past, and for the Piraeus party their form of government will remain the longest time. 29. These are the ones you should trust with much more reason than those who in exile were brought back through others and become informers on their return. But I think, gentlemen of the jury, that some of those who remained in the city evidently share my opinions, both under the democracy and the oligarchy, as many as are citizens. 30.

And it is a matter for speculation what they would have done, had they been allowed to become members of the Thirty, as they now under a democracy do the same things as they (_the Thirty_), and suddenly became wealthy men, never giving any account of the many offices they hold, but they arouse, suspicion instead of harmony, have declared war and not peace, and through them we have lost the confidence of the Greeks. 31. They are responsible for such evils and many others, and differ from the Thirty only that those during the oligarchy desired what these do, while these men under the democracy desire what those do, and both parties think it a duty to wrong whomsoever they wish, as if all other men were guilty, while they themselves were the n.o.blest men. 32.

Yet they are not so much to be wondered at as you, because you know the democracy exists, while that happens which they wish, and the men are punished, not who are wronging the people, but are not giving up their property. 33. And they would rather have the city small than great through others, considering that because of the dangers of the Piraeus party they can do what they please, and if you are afterwards aided by others they will injure these, while the former will gain greater power.

So by this very fear they stand in the way if any advantage comes to you through others. 34. It is not hard to understand if one wishes; and these are not anxious to escape notice, but they are ashamed not to seem base, while you yourselves see and hear from others.

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 s.h.i.+ps 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 s.h.i.+ps and sail out. 5. Especially as soon as you pa.s.sed 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 s.h.i.+ps, 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 a.s.sembly 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 punis.h.i.+ng 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, compa.s.sion, 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 Halicarna.s.sus, 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 Halicarna.s.sians 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 x.x.x.

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 pa.s.s 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, wis.h.i.+ng 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 Stromb.i.+.c.hides, and Calliades, and many other n.o.ble citizens perished.