Chapter IV: Part 4

23. And I especially wonder, gentlemen of the jury, if any of you shall claim that Alcibiades be acquitted through his friend and not be condemned for his own baseness. It is right that you should hear of this (conduct), that you may know that you would not do right to acquit him on the plea that he has merely committed this wrong, but in other respects has been an exemplary citizen. For from other deeds of his you would justly condemn him to death. 24. It is for your interest to know about these things, for when you allow defendants to speak of their own good deeds, and the noble actions of their ancestors, you ought also to listen to the accusers, if they prove that the defendants have committed many crimes against you, and their ancestors did much harm. 25. For this man, when a youth, at the house of Archedemus the blear-eyed, who had stolen much of your money, while many eyes were upon him, drank, lying at full length under the same rug, and caroused at midday, having a mistress while a mere boy, imitating his ancestors, and thinking he could not be an illustrious man, unless he were a wild youth. 26. He was summoned by Alcibiades when his conduct became notorious. And what sort of a fellow should you think him, when he shocked that man who used to teach others such practices! Having conspired with Theotimus against his father, he betrayed Oreus to him. And Theotimus, taking the fortified place, first maltreated the youth and finally bound him and exacted a ransom for him. 27. And his father hated him so that he used to say he would not even care for his body if he died. And when his father died, Archebiades, a favorite of his, ransomed him. Not long after, having gambled away his property, setting sail from Leuke Akte he tried to drown his friends. 28. It would be a long story, gentlemen of the jury, to tell all his crimes against the state, his relatives, friends and others; but Hipponicus, having called many to witness, divorced his own wife, declaring that Alcibiades entered her house not as brother but as husband. 29. And though he has committed such crimes and done such horrible things, he neither repents of what he has done nor cares for what he will do, but he who should be a most illustrious citizen, making his life a shield for his father's misdeeds, tries to bring insult upon others, as if being able to transfer to others the smallest share of the disgraces which belong to himself, (30) and that too being a son of that Alcibiades who persuaded the Spartans to fortify Decelea, and sailed off to the islands, and incited many in the city to crime, and oftener fought against his country with its enemies than with his fellow-citizens against them. For all this, it is for the interest of yourselves and posterity to punish any one you find of this family. 31. He has been accustomed to say it was not right for his father to return from exile and be favored by the state, and (yet) that he should suffer unjustly in reputation on account of his father's exile. But it seems wrong, if you take away his privileges on the ground that you gave (them) without just reason, and when this one commits a wrong acquit him on the ground that his father was an ornament to the state. 32. And there are many other reasons, gentlemen of the jury, for you to condemn him, and for this reason especially, that he quotes as a precedent in support of his own baseness your acts of valor. For he dares say that Alcibiades did nothing so terrible in leading war against his country. 33. For while you were in exile you took Phyle and cut the trees and 'made assaults upon the walls, and though so doing left no reproach for your descendants, but gained honor from all men, as if those were on a par who in exile joined with the enemy against the country, and those who established themselves when the Spartans were in possession of the city. 34. I believe it is clear to all that these fellows sought to establish themselves; but you returned and expelled the enemy and freed even those citizens who wished to be slaves. So he uses like words about the two parties while the facts were not at all similar. 35. And yet, with such great misfortune coming upon him, he glories in his father's baseness, and said that he had great power, to bring evil upon the state. But who is so ignorant of his country as not to be able, if he wishes to be a traitor, to tell the enemy what fortified places to seize, to show what forts are ill-guarded, to teach them his country's weak points, and to declare which allies are ready to revolt? 36. Surely it was not through his power in exile he was able to work evil to the state when he returned deceiving you, and took command of many triremes, but was able neither to dislodge the enemy from the country nor make the Chians friendly again whom he had caused to revolt, nor do a particle of good to you. 37. So it is not difficult to realize that Alcibiades did not differ from other men in power, but was first of the citizens in villainy. Whatever he knew to be your weak points, he informed the Spartans, and when he had to act as general, he could do them no harm, but promising that the king would furnish money at his request, he took more than two hundred talents from the city. 38. And so he realized that he had done you much harm, and though being able to speak, and while he had friends, and having acquired the money, he never dared return and render his accounts, but exiling himself preferred to be a citizen of Thrace or of any other city rather than his own. And finally, gentlemen of the jury, to cap all his former baseness, he dared with Adeimantus to betray the ships to Lysander. 39. So if any one of you pities those who perished in the naval battle, or feels disgrace on account of those enslaved by the enemy, or is angry at the demolishment of the walls, or hates the Spartans, or is angry at the Thirty, he should consider that this man's father was the cause of all this, and remember that Alcibiades, his great-grandfather, and his great-great-grandfather on his mother's side were ostracized twice by your ancestors, and that the older men among you condemned his father to death; so you must consider him as an hereditary enemy of the state and as such condemn him, and care less for pitying and pardoning him than for the existing laws and the oaths which you have sworn. 41. But you must consider, gentlemen of the jury, on what ground you should spare such men. Is it on the ground that in relation to the state they have been unfortunate, but otherwise have lived with moderation and in an orderly fashion? Have they not been unchaste, and lived with their sisters, and some have had children by their daughters, (42) others have performed the mysteries, mutilated the Hermae, been impious before the gods, wronged the state, have lived without regard to justice or law in relation to others or to their fellow-citizens, have refrained from no deed of daring, nor left untried any crime? They have experienced and done everything. For such is their disposition as to be ashamed of good deeds, and to glory in crime. 43. Now it is true, gentlemen of the jury, that before now you have acquitted some, although knowing they were in the wrong, believing that in the future they would be useful to you. But what hope is there that the state will be benefited by this fellow, whom you will know to be worthless as soon as he begins his defense, and understand to be a coward from the rest of his disposition. 44. If he were banished, he could not work you any evil, being a coward and poor and unable to effect anything, at variance with his kinsmen and hated by other men. So for this reason he should not be cared for, (45) but much rather should he furnish an example to other men, especially to his associates, who are not willing to obey commands and desire such a course of action as his, and while mismanaging their own affairs attempt to dictate about yours.

46. I have made my accusation as best I could, and I know that there are some of my audience who wonder how I was able to ferret out so accurately their misdeeds, while the defendant is laughing to himself because I have mentioned (only) the smallest part of their sins. 47. So taking into account what has been omitted as well as what has been said, condemn him by your votes, remembering that he is liable to the charge, and that the state would gain much if relieved of such citizens. Read now to them the laws and the oaths and the writ, and with these in mind they will vote justly.

ORATION XVI.

MANTITHEUS.

1. If I did not know, members of the Boule, that my accusers wished to injure me in every way, I should have felt grateful to them for bringing this charge. For I think to men slandered unjustly these charges are of great benefit, as they compel them to exhibit their mode of life. 2. I feel so sure of myself that I hope, if any one here entertains feelings of dislike toward me, he will, having heard what I have to say of the facts, think better of it and be in all after-time a good friend to me. 3. I make no claim, members of the Boule, to do anything more than show you that I am well disposed to the existing constitution and that I shared the same dangers that you did. If I make plain to you that I have lived well, contrary to common report and the assertions of my enemies, I want you to pass me and count them bad. First, I will show that I did not serve in the cavalry, that I was not in Athens at the time of the Thirty, and that I took no part in the government of that time.

4. My father sent me before the disaster on the Hellespont, to live at the court of Salyrus, king of Bosphorus, and I was not at home, either while the walls were being taken down, or the constitution was undergoing change, but returned five days before the party of Phyle occupied the Piraeus. 5. It is not likely that, arriving at such a time, I was desirous of sharing other people's dangers, and they evidently did not have any idea of sharing the management of the government with those who were away from home and not guilty of disloyalty, but rather disenfranchised even those who helped them to abolish the democracy. 6. And in the next place it is foolish to estimate the cavalry from the register. For there are many persons on this list who admit that they did mot serve in the cavalry, and some are written there who were away from home. Here is the strongest proof. For when you returned you voted that the phylarchs should give in a return of those serving in the cavalry that you might recover the allowances. 7. No one can show that my name was handed in by phylarchs, nor given to the revenue commissioners as having received an allowance. So it is plain to all that it was necessary for the phylarchs, if they did not give in the names of those having received the allowance, to be losers themselves. So you ought to put much more trust in the returns of these men than you do in the register. 8. Yet, members of the Boule, if I had served in the cavalry, I should not have denied it as if I had been guilty of a terrible crime, but should claim, if I proved I had done no one of the citizens any wrong, that I ought to be passed. I see that, following this plan, many who served in the cavalry at that time are in the Boule, and many have been appointed generals, and many commanders of cavalry. Believe, then, that I make this defense for no other reason than that they have dared lie about me before the whole world. Come and give evidence.

EVIDENCE.

9. I do not know that I need say anything further about the charges. I believe in cases of another sort it is only necessary to make a defense by refuting accusations, but in trials concerning examination, to offer to give an account of one's entire life. I wish you to listen to me fairly. I will make the account as short as I can.

10. In the first place, though I was left little money by my father, both on account of his misfortunes and the calamity that befell the city, yet I married off my two sisters, giving them thirty minae as a dowry; and I so divided the property between myself and my brother that he admits that he had more than his share. And in all other relations of my life I have so behaved that no one ever brought an indictment against me. 11. I think the greatest proof of the blamelessness of my public life is that all the young men who habitually spend their time with dice, or in drink, or excesses of this sort, are my enemies; and it is just they who get up and circulate such stories about me. If I and they had the same tastes, it is plain that they would have had no such opinion of me. 12. No one can prove that I have had a private suit, a public suit, or was ever impeached before the Boule. But you see other men often engaged in such cases. Last of all, see how well I served the state in the army and in the expeditions against the enemy. 13. For first, when you made the alliance against the Boeotians, and it was necessary to send assistance to Haliartus, I was put in the list of the cavalry by Orthoboulus; but seeing that all thought the cavalry was safe, but that there was danger to the hoplites, while others not qualified by law were trying to get enrolled on the cavalry, I reported myself to Orthoboulus to be struck off the list, thinking it disgraceful to be in security myself while others were in danger. Come and testify for me, Orthoboulus.

WITNESSES.

14. Again, when the members of my deme were assembled for the expedition, as I saw that some were honorable, wealthy and zealous, but that there were others who lacked the means for the journey, I moved that the wealthy provide the outfit for the poor. And I not only counseled the others to do this, but I myself gave two men thirty drachmae each; not that I was worth much, but for an example to the rest. Come forward, witnesses.

WITNESSES.

15. After this, members of the Boule, during the expedition to Corinth, when all saw that there would be warm work, and others were shirking, I arranged to be stationed in the rank next the enemy. And besides, when our tribe was overthrown and most of it perished, I retreated after that fine gentleman of Steiria, who has been reproaching all men with cowardice. 16. And not many days later, by the capture of the strongholds in Corinth, the enemy was unable to advance, and Agesilaus invaded Boeotia, and the archons voted to detach certain ranks and send them to aid. All were afraid (naturally enough, too, members of the Boule, for it is hardly probable that men who had just escaped would wish to place themselves in danger again), but I, going of my own accord to the commander, asked him to send my company.

17. If, then, some of you are angry at those who claim to act in the interest of the state, and who nevertheless run from danger, you ought to have no such opinion about me. Not only did I do zealously what was commanded me, but I even exposed myself to great danger and did this, not because it was a light matter to fight the Spartans, but that if I ever were unjustly brought to any trial, I might, with a better reputation for valor, get full justice. Now bring witnesses.

WITNESSES.

18. I did not shirk any of the other expeditions nor the garrison duty, but always marched with the foremost and retreated among the last. You ought to estimate from such considerations, those who live well and in order, and not hate a man for wearing his hair long. For habits of this sort injure neither the private citizen nor the city at large, but you are all benefited by those who meet the dangers of the enemy. 19. It is not right to either love or hate a man on account of his looks. For many who talk modestly and dress well have been the cause of great evils, and others who pay no attention to these things have effected great good.

20. I see that some, members of the Boule, are dissatisfied because I, so young a man, have ventured to speak before the people. I was compelled to do so first on account of my case, and then I seem even to myself to be somewhat more ambitiously disposed than I ought to be, both because I remember my ancestors who never stopped working for the city, (21) and because I perceive that you (for I must speak the truth) think that only men of this sort are worth anything. So, seeing you have this opinion, who could not be induced to work and speak in behalf of the city? Why, then, should you be disgusted with men of this sort? For it is you and no other people who judge them.

ORATION XVII.

PROPERTY OF ERATON.

1. Perhaps some of you, gentlemen of the jury, on account of my wish to be a worthy citizen, think that I can speak better than other men. But I am so far from being able to speak about what does not concern myself, that I cannot say what I ought in regard to those things about which I should speak. I think however, if I shall go over the whole affair between myself and Eraton and his children, that you will easily understand what view to take about the claim. So hear me from the start.

2. Eraton, the father of Erasiphon, borrowed two talents from my grandfather. That he took the money and that he asked him to lend so much, I will furnish as witnesses those in whose presence it was given. How he employed it, and what use he made of it, those who know better than I and were cognizant of his proceedings will declare and give evidence to you. Now call the witnesses.

EVIDENCE.

3. As long as Eraton lived, I received the interest and other details of the transaction. When he died he left three sons, Erasiphon, Eraton and Erasistratus, but they no longer paid their dues. So in the war, as there were no courts, we could not exact from them what they owed, and when peace came, when civil suits were being heard, my father, having obtained leave to bring suit against Erasistratus for the whole debt; as he alone of the brothers lived in the city, obtained judgment against him in the archonship of Xenaetnetus. Now call the witnesses.

WITNESSES.

4. That the property of Eraton would rightfully be ours, is easily seen from these men, and that it is all confiscated, from the lists, for three or four persons entered the items. Now this is clear to every one that they would not have omitted anything else which it was possible to confiscate while making a list of all Eraton's property,--even what I have for some time held myself.

I think it is evident that I cannot recover this money elsewhere if you confiscate this property. 5. But now see in what a different spirit I and these persons make my claim against you. For as long as the friends of Erasiphon disputed the property with me, I claimed it was all mine, because Erasistratus was defeated while defending a suit against my father for the whole. And I have let the property at Sphettus for three years past, and was engaged in a suit with the occupants of the property at Cicyna and the house there. But last year they struck out the suit on the ground that they were merchants; but now, though I brought in my suit in the month Gamelion, the Marine Court rendered no decision. 6. And since you thought best to confiscate Eraton's property, I think two shares should be allowed the state and the property of Erasistratus be voted to me, as you have decided that this was formerly in my possession. So I have picked out for myself one-third of the property, roughly estimated, and leaving over two-thirds to the state. 7. It is easy to find out from the valuation put upon it. All the property has been valued at more than a talent, and what I claim, I value at five minae and a thousand drachmae respectively. If they are worth more than this, when the property is sold, the state shall have the rest. 8. That you may know that these are the facts, I will bring as witnesses to you, first, those who hired from me the place at Sphettus, then those living near the place at Cicyna who were acquainted with me when I made the claim three years ago, also the archons of last year before whom the suits were brought, and the present Marine Court. 9. The lists too will be read you, for from them you will know that my claim to this property is not a recent one, and that I do not ask more from the state than from private individuals. Now call the witnesses.

WITNESSES. LISTS.

10. It has now been proved that I do not wrongfully claim the decision of the property in my favor, but that after relinquishing much of the property to the state I claim this only. And now it seems right for me to ask this of you, and the magistrates with you.

ORATION XIX.

PROPERTY OF ARISTOPHANES.

1. This suit troubles me greatly, gentlemen of the jury, when I consider that if I do not speak well, not only I, but my father will appear in the wrong, and I shall lose all my property. So, if I am not naturally skillful in this task, I must come to the rescue of myself and my father as best I can. 2. You see the careful preparation and zeal of my enemies, and I need say nothing about them, and all who know me know my inexperience. So I shall beg you grant what is just (for me) and easy (for you), to hear me with patience, as well as the prosecution. 3. For a defendant is necessarily at a disadvantage even if you listen impartially, for the prosecutors have planned for a long time, and without any risk to themselves have made their attack, but I struggle with fear, prejudice and great danger. So it is right for you to show greater favor to the defendants. 4. For I suppose you all know that many who make terrible accusations have at once been convicted of falsifying so evidently, that they leave the court and become mistrusted for all they do. Some again have been convicted of false witness and of seeking to ruin men, when there was nothing more to their advantage. 5. Since, as I hear, there are many such cases, gentlemen of the jury, do not trust the words of the prosecution until I speak. For I hear, and I think many of you know that slander is most difficult (to deal with). 6. Surely we may realize this when so many come to trial on this charge, for usually the last tried are acquitted; for you listen to them without prejudice, and you admit their arguments willingly. 7. So remember that Nicophemus and Aristophanes were put to death without a trial, before the arrival of any one to (hear) them proved guilty. For no one saw them after the arrest; for they did not give up their bodies for burial, and so terrible was their fate, that besides all the rest they were deprived of this (privilege) too. 8. But I will pass this by, for I could never finish (the subject); but much harder I think was the fate of the sons of Aristophanes. For though never wronging any one in public or private, they not only lost their patrimony contrary to your laws, but also their remaining hope was blighted of being brought up by their grandfather. 9. Still I, deprived of kindred, of the dowry (of my sister), and having to bring up three children, have charges brought against me, and run in danger about the inheritance which my ancestors left me, acquired legally (by them). And yet, gentlemen of the jury, my father during his lifetime spent more for the state than for himself and family, and it was four times what I have now, as I was often at hand when he was reckoning. 10. Do not prejudge the injustice of a man who spent little for himself and much every year for you, but (be ready to condemn those) who are accustomed to spend their patrimony and everything else they get for vicious pleasures. 11. It is difficult, gentlemen of the jury, to defend myself contrary to the opinion which some hold about the property of Nicophemus, both because of the present scarcity of money in the state, and because the suit concerns the treasury. And yet under these disadvantages, you will readily see that the accusations are not true. And I beg you by every means in my power to hear me favorably to the close, and to vote whatever you think best and in best accord with your oaths.

12. In the first place I will inform you how they came to be connections of mine. For Conon, commanding near the Peloponnesus, who was my father's friend when he was Trierarch, asked him to give my sister to the son of Nicophemus when he asked her hand. 13. And he seeing that they (_Nicophemus and his son_) were trusted by Conon, and were serviceable to the state, then at least conforming to her laws, promised to give her, not realizing the bad repute into which they would fall, at a time when any one of you would have wished to be connected with them; that it was (done) for the sake of money, it is easy to understand from the whole life and conduct of my father. 14. For when he was at a suitable age, although he could have married another with a large dowry, he married my mother who brought none, because she was the daughter of Xenophon, son of Euripides, who not only seemed to be of good character, but you thought him worthy to be Strategus, as I hear. 15. Moreover he did not give my sisters to rich husbands who would have been willing to take them without dowries, because they seemed to be of inferior birth, but one to Philomelus of Paeania, whom they say is better in character than wealth, another to a man who lost his property through no fault of his own, his nephew, Phaidrus of Murrhinoute, besides giving him forty minae, and the same to Aristophanes. 16. And besides, though I could have (married a woman with) a large dowry, be advised a smaller one, that I might be sure of having connections orderly and discreet. And now my wife is the daughter of Critodemus of Alopeke, who was put to death by the Spartans after the naval battle of the Hellespont. 17. And now, gentlemen of the jury, is it not probable that one who married without a portion, and gave his daughter much money, and took a small dowry for his son, should be trusted to have sought connection with these men for no money considerations?

18. It is easy to see that Aristophanes, already married, would have confided in any one sooner than my father. For their ages were wide apart, and their dispositions still more; for my father had merely his own concerns to attend to, but Aristophanes wished to attend not only to his own private affairs, but to public ones as well, and if he had any money, he spent it in his desire for honor. 19. You know from what he used to do that I speak the truth. For first, when Conon wished to send some one to Sicily, he undertook the commission and went with Eunomus, enjoying the friendship and hospitality of Dionysius, who benefited the state greatly, as I heard from those in his company at Piraeus. 20. And the hope of the expedition was to persuade Dionysius to become allied to Evagoras, and hostile to the Spartans, and a friend and ally to your city. And this they did in spite of dangers which threatened by sea and from the enemy, and they persuaded Dionysius not to send the trireme which he had prepared for the Spartans. 21. And afterwards, when ambassadors came from Cyprus for assistance, he did cease his activity. You gave them triremes, and voted other aid, but they lacked funds for the expedition. For they came with little money, and asked for much; for they (asked it) not only for the ships, but they hired mercenaries, and bought arms. 22. Now Aristophanes himself furnished most of the money; and when there was not enough, he persuaded his friends, asking for it and giving securities, and having forty minae of his half-brother at his house he used them up. And the day before he sailed, he went to my father and asked him to lend him whatever money he had. For he said it was needed for paying the mercenaries. We had in ready money seven minae, and he took this and used it up. 23. Now what man, gentlemen of the jury, ambitious, with letters from his father that he would find no lack in Cyprus, having moreover been chosen ambassador, and being about to sail to Evagoras, would have left everything behind, and would not, if he could by contributing everything, please him (_Evagoras_) and make a large profit? That this is the case, call Eunomus.

WITNESSES.

24. You hear the witnesses, both that they lent (the money) at his demand, and that they received it back, for it was brought them on the trireme.

From what has been said, it is easy to see that in these emergencies he spared himself not in the least. 25. Here is the best proof: Demus, the son of Pyrolampes, in command of the trireme for Cyprus, asked me to go to him, saying that he had from the king of Persia a golden bowl, for which he wished to get seventeen minae, which he would spend on his trierarchy; when he came to Cyprus he would redeem it, paying twenty minae; for through this pledge he would have plenty of money and other advantages in Asia Minor. 26. Aristophanes, hearing this from Demus, though I urged him, and although he would have taken the cup, and gained four minae interest, said he had no money, and declared he had borrowed from his friends besides, otherwise he would be most glad to take the pledge and oblige us by what we asked. 27. I will bring witnesses that these are the facts.

WITNESSES.

From the evidence it is certain that Aristophanes left no money behind; and he had not much (in the way of) bronze. And when he entertained the ambassadors from Evagoras he had to borrow the plate. And we will read you what he left.

INVENTORY.

28. Perhaps some of you, gentlemen of the jury, think this is a small inventory. Bear this in mind, that before our naval victory he only had a little estate at Rhamnus. The naval battle was in the archonship of Euboulus. 29. So in four or five years, as at first he had no property, it was no easy matter for him to supply the chorus twice for tragedies, for himself and his father, serve as Trierarch three consecutive years, make large contributions, build a house for five minae, and get more than three hundred plethra of land; and yet, besides all this, do you think he necessarily left many household effects? 30. But not even families of long-standing wealth could show much of value, for sometimes, no matter how desirous one may be, it is not possible to buy that which always gives pleasure to its possessor.

31. But consider this. Of others whose property you confiscated, not only did you sell no furniture, but the doors were torn from the houses. But when the confiscation had taken place, and my sister had left, we set a guard in the house, that neither the doors, vases, nor anything else might be lost. And property of more than a thousand drachmae was reported, more than you ever took from any one else. 32. Besides, both formerly before the commissioners and now we wish to give a pledge, the greatest in use, that we have no money of Aristophanes, but he owes the dowry of my sister and seven minae, which he took from my father when he went off. 33. How then would men be more wretched than to be thought to hold the property of others, after loss of their own? And what is the worst of all, to receive a sister with many children, look after them, and have nothing for myself, if you take even what we have.

34. Come now, by the Olympian gods! Look at it in this light, gentlemen of the jury. If one of you happened to give to Timotheus, son of Conon, his daughter or sister, and when he was deprived of civil rights, and accused, his property was seized, and if, when all was sold, the city did not get four talents, on this account would you think it right to ruin his family and relatives, because the property turned out to be not even a fraction of what you thought it? 35. All of you here know that Conon was in command, and that Nicodemus executed his commands. It is likely that Conon gave part of the profits to some other, so if they thought Nicodemus had much, they would agree that Conon's share was ten times as much. 36. And still they seem never to have had any difference of opinion, so it is likely that they had the same ideas about money, namely, to have here sufficient for their sons, and to take the rest with them. For Conon had a son and wife in Cyprus, Nicodemus a wife and daughter, and they thought their property there to be as safe as that here. 37. And besides this, think, if some one who had not acquired his property, but had inherited it from his father, distributed it to his sons, that he would have reserved the most for himself. For all with money prefer to be served by their children rather than ask it of them in poverty. 38. Now if you should confiscate the property of Timotheus,--and may it not happen, unless great good come to the state from it,--and should gain less from it than came from the property of Aristophanes, for this reason would you believe it right that his relatives should lose their property? 39. It is not likely, gentlemen of the jury. For the death of Conon and the will which he made in Cyprus clearly showed that his money was a very small part of what you expected, for to Athena and to Apollo in Delphi he dedicated five thousand staters. 40. And to his nephew who kept guard for him and had charge of his affairs in Cyprus, he gave ten thousand drachmae, and three talents to his brother; the rest, seventeen talents, he left to his son. The sum total is about forty talents. And no one can say that he was robbed or that a just return was not made. 41. For he made his will when in sickness, in his right mind. Now call me the witnesses.

WITNESSES.

42. Surely one would have thought, before both cases were shown, that the property of Nicophemus was a small fraction of that of Conon. Aristophanes purchased land and a house for more than five talents, supplied choruses for himself and his father for five thousand drachmae, and spent eighty minae as Trierarch. 43. And in taxes he contributed for both no less than forty minae, and for the expedition to Sicily he spent a hundred minae. For sending the triremes when the Cyprians came and you gave them ten ships, for pay for the mercenaries and the purchase of arms, he furnished thirty thousand drachmae. The amount of this is a little less than fifteen talents. 44. So you do not charge me with reason, since the property of Aristophanes appears to be more than a third part of that of Conon, which is agreed was rightly reported by himself, though appearing to be much greater. And I do not reckon what Nicophemus had in Cyprus, where were his wife and daughter.

45. I do not believe, gentlemen of the jury, that you will ruin me after my producing such conclusive evidence. For I have heard from my father and other older men that both now and formerly you have been mistaken about the property of many men, and that many while living seem to be wealthy, and after death they turned out very different from what you supposed. 46. For example, every one supposed Ischomachus as long as he lived was worth more than seventy talents, as I hear; but each of his two sons had less than ten at his death. Stephanus, son of Thallus, was said to be worth more than fifty talents, but his property after his death proved to be about eleven talents. 47. The estate of Nicias was expected to be worth not less than a hundred talents, and much of it in ready money; but when Niceratus was dying, he said himself he was not leaving any gold or silver, and the house which he left to his son was not worth more than fourteen talents. 48. Again Callias, son of Hipponicus, at the recent death of his father seemed to have inherited more than any other Greek, but as he says, his grandfather valued (the property) at two hundred talents. His rateable property is really not worth two talents. You all know Cleophon, that for many years he managed all the finances of the state and was supposed to have much from the government; but at his death there was no money, and the relatives and connections whom he left were confessedly poor men. 49. So we are evidently much deceived in regard to men of hereditary wealth and those who have recently become noted. And I think the reason is that one dares to say without sufficient grounds that so-and-so has many talents from the government. And I do not wonder at what they say about the dead (for they cannot be confuted by them), but at their attempt to deceive during their life. 50. For you yourselves lately heard in the assembly that Diotimus had forty talents more than he acknowledged from the ship captains and merchants; and no one tested him when he came bringing his accounts and feeling bad that he had been slandered in his absence, that too when the state was in need of money and he wished to give a statement. 51. Think now what would happen if after all Athens had heard that Diotimus had forty talents, he had met his fate before sailing home. Then his relatives would have been in greatest danger, if they had had to defend themselves against such a charge, not knowing any of the facts. These are responsible for your being mistaken about many, and unjustly ruining some, (these men) who rashly venture to speak falsely and wish to bring charges against others. 52. Then I suppose you know that Alcibiades was Strategus for four or five years, having prevailed over and conquered the Spartans, and the cities thought best to give him twice as much as to any other general, so that some thought he owned more than a hundred talents. But at his death he showed it was not the case, for he left a smaller estate to his children than he had received from his guardians.

53. That such things formerly happened is readily seen; and they say the noblest and wisest are especially willing to change their opinions. If then I seem to speak to the point, and bring sufficient testimony, gentlemen of the jury, in every way favor me, as, although the accusation is so great, I believe I shall win with truth on my side; and if there is no way in which you are willing to be persuaded, there seems to be no hope for me. 54. But by the Olympian gods, gentlemen of the jury, be willing to save me with justice (on my side), rather than ruin me unjustly; and believe they speak the truth, who even in silence during their lives conduct themselves wisely and justly.

55. So in regard to the writ itself and how they became my connections and that his property was not enough for the voyage, but that he borrowed elsewhere, you have heard and testimony has been given you; but I wish to say a few words about myself. For I at thirty years of age never spoke wrongly to my father, nor has a citizen ever brought a charge against me, and though living near the market-place I was never seen in the court or assembly before this befell me. 56. So much I can say of myself, but of my father, since the charge has been made as if he were at fault, have patience if I declare what he spent for the state and his friends. And (it is not) in a spirit of boasting, but to prove that it is inconsistent with the character of a man to spend much unnecessarily and to wish to keep common property at greatest risk. 57. There are some who spend not only for this, but that they may gain twice as much if they are thought by you worthy to rule. My father never wished to be a leader, but he supplied all choruses, and was Trierarch seven times, and made many large contributions. That you may know this, each point will be read you.

LIST OF SERVICES.

58. Hear the number of them, gentlemen of the jury. For fifty years my father served the state with money, and in person. So in such a time, being thought wealthy from the start, it is natural that he shrank from no expense. Yet I will bring you witnesses.

WITNESSES.

59. The sum of all is nine talents and two thousand drachmae. Besides, privately he helped portion the daughters and sisters of some poor citizens, and ransomed some from the enemy, and furnished money for the burial of others. And this he did, believing it was a brave man's duty to help his friends, even if no one would learn of it; and now it is fitting that you should learn of it from me. Now call in this and that one.

WITNESSES.

60. You have heard the witnesses; remember that one could assume a character for a short time, but no one could elude detection for seventy years if a bad man. Against my father perhaps some could bring other charges, but no one, even an enemy, dared (to accuse him) about his money affairs. 61. Is it then right to trust the words of the accusers, rather than to the facts, (as to) what he did in all his life, and to time, which to be sure is the clearest test of truth? For if he had not been such a man, he would not have left so little from so much, since if you are deceived by these men and confiscate my property, you will get not two talents. So it is for your interest to acquit me not only because you think it right, but as a question of money, for you will be the gainers if I keep this. 62. And see how many expenditures have been made in the past for the state, and now from what remains I am Trierarch, and my father died while Trierach, and I shall endeavor, following his example, to give a small amount, little at a time, for the common weal. So in reality this (now) belongs to the state, and I shall not think I am wronged if deprived of it, but you will have greater benefit than if you confiscate it. 63. Besides this, it is fitting to bear in mind the nature of my father. For whatever he wished to spend beyond the necessities of life, it evidently was in a direction in which the city too would gain some honor. For example, when he served in the cavalry, he purchased horses, not only fine ones, but racers, with which he won at the Isthmian and Nemean games, so that the city was proclaimed and he crowned. So I beg you, gentlemen of the jury, bearing in mind these and all other words to protect me, and not to leave men in the power of their enemies. And so doing, you will vote justly, and for your own advantage.

ORATION XXII.

THE GRAIN DEALERS.

1. Many have come to me, gentlemen of the jury, expressing surprise that I have entered an accusation in the Boule against the corn dealers, and saying that you, even if you think them ever so guilty, nevertheless think that those who bring charges against them are doing so from personal interest. Accordingly I first wish to show you why I was compelled to accuse them.

2. When the Prytanes reported them to the Boule, feeling ran so high that some of the speakers said that without a trial they should be handed to the Eleven to be put to death. But I, thinking that it would be a terrible precedent for the Boule to do this, rose and said that it seemed best to me to try the dealers by law, as I thought that if they had committed a capital crime you no less than we would know what was just, but if they were doing nothing wrong they need not die without a trial. 3. When the Boule had agreed to this, some tried to slander me, saying I made these speeches for the safety of the dealers. Before the Boule, since the preliminary trial was before them, I made a practical defense. For while the rest were sitting still, I got up and accused them, making it clear to all that I was not speaking in their behalf, but upholding the established laws. 4. I took up the matter on account of this, fearing the charges. And I think it base to stop until you have voted what you wish.

5. First stand up and tell me whether you are a metic? Yes. Are you a metic on condition of obeying the laws of the city or doing what you please? On condition of obeying. Do you expect to escape death if you transgress the laws of which the penalty is death? I do not. Tell me then whether you confess that you bought more than the fifty measures of corn which the law allows. I bought it, advised to do so by the officers.

6. If he can show, gentlemen of the jury, that there is a law which permits dealers to buy corn when ordered to do so by the officers, acquit them. If not, it is just to condemn them. For we showed you the law which forbids any one in the city buying more than fifty measures of corn.

7. This, gentlemen of the jury, ought to end the accusation, since he admits that he bought corn and the law plainly forbids it, and you have sworn to give judgment according to law. But that you may be convinced that they are wrong about the officers I must say something further about them. 8. Since they made the charges against them let us call the officers and question them. Four of them say they know nothing about the matter. Anytus says that last winter when corn was high and the dealers were outbidding and fighting against one another, he counseled them to stop quarreling, thinking it was advantageous to you who buy from these that they should previously buy it as cheap as possible. For they must sell it not more than an obol dearer. 9. That he did not order them to buy the corn and store it up, but advised them not to fight with each other, I will Anytus as witness, and also that he said these words last year and they have been proved guilty of engrossing corn this year.

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?