17. You ought to know that it is impossible to acquit them. For if you acquit those who confess to making a corner against the merchants you will seem to plot against the merchants. If they made some other excuse no one would censure those acquitting them; for in such cases it is at your discretion to believe either way. But now if you set free those who confess that they have broken the law, would you not seem to be doing a strange thing? 18. Remember, gentlemen of the jury, that you have already condemned many accused of this crime who brought forward witnesses, as you thought the assertion of the accusers more trustworthy. Would it not be strange if, judging about the same offenses, you were more desirous to take punishment from the guiltless? 19. I think, gentlemen of the jury, that it is plain to all, that cases against these men are of the most general interest to those in the city, so that they will learn what mind you have about them; for they will think if you condemn them that they must be more careful in future, whereas if you acquit them you will have voted them every opportunity of doing what they wish. 20. It is necessary to punish them, gentlemen of the jury, not only on account of the crimes which have been committed, but those that will be. For in that case (acquittal) they will scarcely be endurable. Remember that many in this business have been tried for their life. And so great are their profits from it that they prefer to run in danger of their life every day than to stop getting unlawful gain from you. 21. If they beseech you and entreat you, you should not justly pity them, but rather have compassion on the citizens who have been dying with hunger on account of their knavery, and the merchants against whom they combined. These you will please and make more zealous if you inflict punishment on the dealers. But if not, what opinion do you think they will have when they learn that you let off the retail dealers who themselves confess to plotting against the merchants?

22. I do not think I need say more. About other criminals you must be informed by the accuser, but about the knavery of these men you know everything. If you condemn them you will do what is just and make corn cheaper; if you acquit them you make it dearer.



ORATION XXIII.

PANCLEON.

1. I cannot say much, gentlemen of the jury, about this case in hand, nor does it seem to me to be necessary; but that I obtained leave to bring the suit against Pancleon, not of Plataea, this I will try to show you.

2. As he had continued for some time to injure me, I went to the fuller's shop where he worked, and summoned him before the polemarch, supposing him to be an alien. And when he said he was a Plataean, I asked from what deme he was, on the suggestion of a bystander that I should call him before the tribe to which he pretended to belong. And as he answered from Decelea, I summoned him before the judges of the tribe Hippothoontis; then I went to the barber's shop near the Hermae, (3) where the Deceleans congregate, and made inquiries, and whatever Deceleans I met I asked if they knew a man by the name of Pancleon from the deme Decelea. And when no one said he knew him, learning that he was defending some suits and had lost others before the polemarch, I too obtained suit against him there.

4. First then I will bring you as witnesses the Deceleans whom I inquired of, then those who have had suits against him before the polemarch, and convicted him, as many as are present. Now stop the water.

WITNESSES.

5. Following these, I obtained leave for the suit before the polemarch. But when he answered that the action was before the wrong court, wishing very much to seem to no one willing to act in a lawless manner rather than exact satisfaction for my wrongs, in the first place I asked Euthycritus, whom I knew to be the oldest of the Plataeans and supposed he would be most likely to know, if he was acquainted with a Plataean Pancleon, son of Hipparmodorus. 6. And then, when he answered that he knew Hipparmodorus, but he had no son, neither Pancleon nor any one else, I asked all the Plataeans I knew. None of these knew the name, but they said I should find out most accurately, if I should go into the new cheese market on the last day of the month, for on that day each month the Plataeans met there. 7. So going on that day to the cheese market, I asked them if they knew any citizen of theirs by the name of Pancleon. 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, wishing 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 nobly 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 associate 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 assist 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 associate 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 horsemanship, 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 cushioned 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 cushioned 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 surpasses 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 wishing to persuade you that I am such, but wishing 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, God 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, pass 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 assurance 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 noble 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) passed 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 gods 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 noblest 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 ships which they command dispersing through lack of funds, becoming few out of many, and these poor and needy men sailing in them and so quickly gaining the wealth of the citizens? It is for you, men of Athens, to be enraged against them; (3) for it would be strange if you yourselves, so burdened by taxes, should grant pardon to thieves and corrupt men now, but formerly, when your estates were large as well as the state revenue, you punished with death men who desired your property.

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

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



ORATION XXX.

NICOMACHUS.

1. It has been the case, gentlemen of the jury, that some men coming up for trial appeared guilty, and yet by showing the valor of their ancestors and their own services have obtained pardon from you. As you accept this from defendants, if they show they have performed any service to the state, I beg you also to listen to the prosecution, if they make evident the baseness of the defendant. 2. It would take too long to tell you that the father of Nicomachus was a public slave, and what sort of a life this man led when a young man, and what age he was when he was enrolled in his phratria; but while he was copyist of the laws, who does not know how he injured the state? For when he was commanded to transcribe the laws of Solon in four months, he made himself the lawgiver instead of Solon, and instead of four months he gave himself the office for six years, and while taking pay daily, he wrote some laws, and erased some. 3. He brought matters to such a pass that we had the laws dealt out to us by his hand, and plaintiffs and defendants quoted opposing laws in the courts, both claiming they derived them from Nicomachus. And although the Archons fined him and summoned him to court, he would not hand over the laws, and the city got into the greatest difficulties before he was deposed from his office and rendered the account of what he had done. 4. And as he paid no penalty for that, what sort of an office has he now established for himself? He who has written for four years when he could have finished in thirty days? Then, though it was defined from what he was to copy, he took matters into his own hands, and while having so much in charge, he was the only official who did not render an account. 5. But others give in an account of their office according to the Prytany, but you, Nicomachus, did not think it necessary to send in yours for four years, but you think you alone of all the citizens can hold office for a long time, and not hand in an account, nor obey decrees, nor consider the laws, but here you write, and there you erase, and have reached such a pitch of arrogance as to think the property of the state is yours, although, you are the state's slave. 6. Now it is necessary, gentlemen of the jury, for you to bear in mind who the ancestors of Nicomachus were, and how ungratefully he has treated you contrary to law, and to punish him, and as you did not exact the penalty for each offense, now punish him for them all. 7. And perhaps, gentlemen of the jury, since he cannot defend himself, he will try to slander me. It is only then I think you will believe what he says about me when in giving my defense I shall be unable to prove his. But if he tries to speak as (he did) in the Boule, you will be told I was one of the Four Hundred. From the talk of these men, the Four Hundred will become more than a thousand. For slanderers bring this up against men who were children at that time, and those who were out of the city. 8. And I was so far from being one of the Four Hundred, that I was not even one of the Five Thousand. It seems to me to be a strange thing that if in a private suit I had so plainly convicted him of ill-doing, he would not have thought of escaping by such a defense, but now when the trial is in regard to state affairs he thinks by accusing me to escape paying the penalty to you.

9. Besides, I think it strange that Nicomachus believe in trumping up old scores against others as offenders, when I shall show that he had plots against the people. Now hear me; for it is just, gentlemen of the jury, to receive such a defense in regard to such men as say now they are devoted to the people, when once they tried to ruin the people. 10. And when the revolution was being brought about at the defeat of the fleet, Cleophon charges the Boule, claiming that it was conspiring and not acting for the best interests of the state. And Satyrus of Kephisia, a member of the Boule, persuade the Boule to bind him and throw him into prison. And they, wishing to destroy him, (11) and fearing that they might not kill kill in prison, persuaded Nicomachides to bring up a law that the Boule, too, must vote in judicial matters. And this basest of all men evidently joined the plot, and on the day of the trial produced the law. 12. One might accuse Cleophon, gentlemen at the jury, on other accounts; but all are agreed that the men who were bent on destroying the people wished above all to get him out of the way, and that Satyrus and Chremon, who were members of the Thirty, accused Cleophon not because they were incensed at him on your account, but that they might injure you after having put him to death. 13. And this they accomplished through the law which Nicomachus proposed. You should consider this, even as many of you as thought Cleophon a bad citizen, that perhaps some one of those put to death by the Thirty was base, but nevertheless that on account of such you should be angry at the Thirty, that they killed these not for their crimes, but on party grounds. 14. If he defends himself on these grounds, remember this, that at such a crisis he produced the law by which the revolution occurred, and he aided those who destroyed the democracy, and made it possible for the Boule of that time to vote on judicial matters, (the Boule) in which Satyrus and Chremon had great influence, and Strombichides, and Calliades, and many other noble citizens perished.

15. I should not have spoken of these matters, had I not seen that he would try to get himself off with justice on his side as being a friend of the people, and that he would instance his exile as a proof of his good-will to the people. But I, too, can show others of those who joined in the plot against the democracy who have been put to death, some, in exile, others deprived of civil rights, so he can have no credit for this. 16. For he contributed some part in exiling you, and it was the democracy which was the cause of his return. And it will be strange if you thank him for what he suffered against his will, and do not punish him for the wrongs he committed voluntarily.

17. And I hear that he says I am impious in abolishing sacrifices. If I had made the laws about the copying, I think Nicomachus might have made the charge against me; but now I claim his obedience to the common established laws. And I wonder if he does not remember, when he claims I am impious, and says the sacrifices must be made which are ordered on the tablets and pillars according to the summaries, that he accuses the city as well; for you voted on these things. Then if you think this is hard, then you must think those men did wrong who used to sacrifice by the tablets alone. 18. But truly, gentlemen of the jury, one should not learn about piety from Nicomachus, but consider the facts. Our ancestors who sacrificed by the tablets made this the largest and most prosperous of the Greek cities, so it is right for you to perform the same sacrifices as they, if for nothing else, for the sake of the good fortune which resulted from those sacrifices. 19. How could any one be more pious than I who sacrifice first according to my family customs, then as befits the state, then what the people vote and we can pay for from our revenues. But you, Nicomachus, have done just the opposite; for by writing more than was prescribed you caused the revenues to be spent for these, and left nothing for the hereditary sacrifices. 20. For example, last year there were omitted sacrifices worth, three talents of those due on the tablets. And it is not possible to say the city appropriations would not have been sufficient; for if he had not copied more by six talents, there would have been enough for the hereditary sacrifices, and the city would have had three talents left over. I will bring witnesses as to what has been said.

WITNESSES.

21. Remember now, gentlemen of the jury, that when we sacrifice according to the summaries, all the hereditary sacrifices are being attended to, and when according to his copy, many of the sacrifices are omitted. Yet this sacrilegious fellow runs around, saying that he copied for piety, not economy, and this does not suit you, he says to strike it off, and from this thinks to persuade you that he commits no offense, a man who spent in two years twelve talents more than he ought, and tried to get six talents a year out of the city, (22) and this, too, when he saw the state embarrassed for funds, the Spartans threatening us when we did not send money, the Boeotians making reprisals on us because we could not pay two talents, the docks and the walls in need of repair. He knew, too, that the Boule of the time being when it has sufficient money for managing affairs does not fail, but when it is embarrassed, it is forced to admit impeachments, and to confiscate the property of citizens, and to follow the advice of those speakers who give the worst counsel. 23. Gentlemen of the jury, it is not right to blame those who happen to be members of the Boule at each session, but those who bring the state into such difficulty. Those who desire to plunder the state are interested to see how Nicomachus will come out; if you do not punish him, you will render them fearless; and if condemning him you shall punish him with death, by the same vote you will make the rest better, and exact the penalty from him. 24. And you should know, gentlemen of the jury, that it will be a warning to others not to dare to wrong you, not because you punish those who are not eloquent, but as you punish those who are. For who in this city is more liable to punishment than Nicomachus? Who has done less good or more harm to the city than he? 25. He, who, appointed commissioner of laws relating to private life and religious duties, tampered with both. You remember to have put many citizens to death for embezzlement. Yet they injured you only so much as for the time being, but this man, while transcribing the laws and making gain of the sacred money, injures the state for all time.

26. And why should any one acquit him? On the ground of his being a man brave against the enemy in many land and naval battles? But while you sailed off and risked yourselves, he remained here and tampered with the laws of Solon. Because he has spent his money, and many, many contributions? But he never gave you anything, but took much of your revenue. 27. On account of his ancestry? For some formerly were pardoned by you on this account. But this man should die on his own account, and be sold as a slave on theirs. But that he will pay you if you spare him? He who has no remembrance of your former favors to him. For from a slave he became a citizen, from a pauper a rich man, from an under-copyist a commissioner. 28. One could accuse you that your ancestors chose as lawgivers a Solon, a Themistocles, and a Pericles, thinking that the laws would be like those who proposed them, while you (chose) a Tisamenus, son of Mechanion, and a Nicomachus, and other under-clerks; and you think offices are degraded by such men, and yet trust in them. 29. Here is the strangest thing of all; the same man may not be under-clerk twice in the same year, but you allow the same men to be in charge of the most important matters for a long time. And finally you chose Nicomachus commissioner of traditional laws, who has no part in the state on his father's side. 30. And the very one who ought to have decided for the people plainly joined in the plot against the democracy. Now you should regret what you have done, and not endure continuous injury at their hands, nor merely in private charge offenders, and then acquit them when you can punish them.

31. I have said enough of these matters, but I wish to say a few words about those who intend to beg him off. There are some ready to plead for him, both of his friends and those who manage state affairs. I am sure some of these would do better to defend their own deeds than to go out of their way to save offenders. 32. And I think it remarkable, gentlemen of the jury, that they have not tried to persuade him, a man standing by himself, and in no way wronged by the state, that he must cease injuring you, but they are seeking to persuade you, who are so many and have been wronged by him, that you need not exact a penalty from him. 33. So, as you see these trying to save their friends so zealously, you should likewise punish your enemies, well knowing that these first of all will think you better men when you punish offenders. And bear in mind that neither Nicomachus nor any of his helpers has ever aided the state as much as he has wronged it, so that you have much more reason to punish him than to aid them. 34. These same men must realize that by entreating the accusers they in no way persuaded us, but have entered the court to tamper with your votes, and they hope by deceiving you to gain the liberty for the future of doing whatever they wish. 35. We refused to be bribed by them, and we call on you for the same, and hate baseness merely before the trial, but during the trial punish those who degrade your legislation. For in this way everything in the state will be managed in accordance with law.



ORATION XXXL.

AGAINST PHILON.

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

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

8. When misfortune came to the state, members of the Boule,—I will mention this only as far as is necessary,—this man was drafted from the city by the Thirty with the rest of the citizens and for a time lived outside, but when the party from Phyle marched on the Piraeus, and men from the country as well as those in exile joined forces either in the town or at the Piraeus, and brought what aid each could to his country, this man took just the opposite course from the rest of the citizens. 9. For he packed up his possessions and went into a country not his own, and paid the alien's tax in Oropos and lived under a patron, preferring to be an alien there rather than be a citizen with us. Then, not like some of the citizens who changed parties when they saw the men from Phyle were successful in their attempts, did he claim to share in their successes, but he wished to come after all was over rather than come with them and unite in what was for the common advantage of the state. For he did not come to the Piraeus, nor offer himself to you to be appointed for military duty. 10. And while he dared betray us in our success, what would he have done, if we had been unsuccessful? Those who did not share in the risk to the state through some personal misfortune, should be excused, for such failure is involuntary; (11) but those who pursued this course of action on purpose are not to be pardoned, for they did so, not through misfortune but by design. And it is agreed by all men that for the same trespasses we should be most of all angry at those who are perfectly able not to commit a wrong, but excuse those who are poor or infirm, because we consider they sin involuntarily. 12. But this man should have no excuse; for he is neither a cripple and so unable to work, as you see, nor (unable) to contribute money as if poor, as I shall show. How should not a man be hated with reason by you if he put the same energy into being wicked that he might have used aiding you? 13. And you will not incur the hatred of any of the citizens by rejecting this man; for he evidently betrayed not one party, but both, so that it appears he is not liked either by the city party,—for he did not consent to go into danger with them—nor by those who took the Piraeus,—for he would not move with them. 14. If then any of the citizens are left over who had the same experiences as his, let him claim to legislate in their company, if they ever,—which Heaven forbid,—take the state.

So that he took up his residence in Oropos under a patron and gained sufficient property, and neither took arms in the town nor in the Piraeus, that you may know that these first things which I affirm are true, hear the witnesses.

WITNESSES.

15. Then it remains for him to say that he was incapacitated through some weakness of body from helping against the Piraeus, but that he offered from his resources either to give money to the majority of you or to arm some of his fellow-citizens, just as other citizens (do) who are unable to serve personally. 16. That it may not be possible for him to deceive us by lying, I will show you plainly about this too, since it will not be possible for me afterwards to convict him, if I pass this by. Now call for me Diotimus of Acharnae, and those chosen with him to arm the citizens from the money contributed.

EVIDENCE or THOSE CHOSEN WITH DIOTIMUS.

17. This man then did not think how he might benefit the state in so critical a condition of the state, but made every preparation to make some gain from your misfortunes. For he started at Oropos at one time by himself, and at another at the head of men to whom your bad fortune was a series of benefits, (18) and went about through, the country and met the older citizens who remained in their demes with few possessions, and those the bare necessities, men who were in sympathy with the government, but were incapacitated for active service on account of their age, and he robbed these men of their goods and thought nothing of wronging them if he could gain even a little. These men are now unable to prosecute him for the very reason which kept them from aiding the state then. 19. So it is not right that he should gain advantage twice from their inability, once when he robbed them of their possessions, and now while under examination at your hands. But if any one of those wronged shall come, consider it a great point, and feel the greatest hatred for this man, who dared to rob of their goods the very men whom other men through pity have chosen as objects of charity. Call me the witnesses.

WITNESSES.

20. I do not know why you should feel differently about him from his relatives. For (their feelings) are such that if he had done no other wrong, it would be right to refuse him the examination on account of them alone. I will pass over the accusations which his mother made during her life. It is easy for you to infer from what she did at the close of her life, how her son conducted himself towards her. 21. For she did not dare trust herself to him at death, but gave to Antiphanes who was not a relative, but whom she trusted, three minae of silver for her burial, disregarding her own son. So is it not evident that she knew well that he would not do his duty even to a relative? 22. Then if a mother, who naturally endures the wrongs put upon her by her children and thinks she has great returns from them even if they render only a slight service, because she judges what happens rather by her natural mother-love than by any cold-blooded standard, (if she then) thought her son would rob her at death, what should be your judgment about him? 23. For what would a man do to those who were not connected with him if lie commits such offenses against his own relatives? That this is true, hear the man who took the silver and buried her.

EVIDENCE.

24. How then could you allow him to pass? As if he had done no wrong? But he has been guilty of the greatest offenses against his country. That he will improve? Then let him improve first and afterwards go into political life; after he has done something as manifestly good as his evil deeds were bad in the past. It is more prudent to show gratitude for all his deeds, for it seems to me a dreadful thing if he shall escape punishment for his past offenses and be rewarded for his good intentions. 25. But perhaps he should be examined that the citizens may be nobler if they see all honored alike! But there is danger that if the good see the bad held in equal honor they will cease from their upright mode of life, thinking it is the same thing to honor bad men and pass by the good. 26. But this is to be remembered, that if any one betrays a stronghold or ships or a camp, in which there chance to be any citizens, he receives the extreme penalty, while this man who betrayed the whole city is planning not for punishment but for reward. So one who betrayed freedom as evidently as this man did would justly be contending not for political office, but against slavery and the greatest penalties.

27. But I hear that he says that if it was wrong that lie was not at hand at that time, that a law would have expressly stated it, as about other transgressions, For he does not think you will know that no law was written about it on account of the enormity of the offense. For what statesman ever thought of such a thing, or what lawgiver ever supposed a citizen would commit such an offense? 28. For I suppose we are to think if a man left the ranks not while his country was in danger, but while she was acting on the offensive, that a law would be framed which condemned him as guilty, but if he left the ranks while his country was in danger, the law would not be framed. The fact is that such a law would have been made, if any one had supposed that a citizen would commit such a deed. 29. But who would not justly blame you if you reward the metics for aiding the state as they were expected to, but do not punish this man for betraying the state contrary to what was expected of him, if not by some greater penalty, at least by the present dishonor? 30. But call to mind the reasons which lead you to honor those men who were brave in relation to the city and to punish those who were not. For both these lines of conduct were followed as a sort of warning, not so much for the past as for the future, that men may become good for some good reason, and by no means attempt to be bad. 31. And besides, think how this man would probably regard his oaths, if he actually betrayed his country's gods. Or how would he make any useful law for the constitution, if he wished his country to be deprived of her freedom? Or how would he keep secret engagements, if he thought it right to disregard the regularly appointed ones? How can it be probable that this man who never entered danger even behind others, should be foremost in action and so now be worthy of honor? But it would be a shame, if he cared nothing for all the citizens while he is the one man whom you do not reject.

32. But I see some who now are in readiness to help him and beseech you, since they cannot persuade you; but then, when yours were the dangers and struggle and the prize was the democracy, and when you had to take counsel not merely for legislation, but for freedom, then they did not ask him to aid you and the commonwealth, and not betray the country and the senate in which he now claims a seat, though he has no share in it since others did the work. 33. Members of the Boule, he should not be angry if he does not obtain this honor; for it is not you who dishonor him, but he robbed himself at the time when he did not think it best to establish himself among you as if contending for the senate as zealously as he now comes as a candidate.

34. I think I have said enough, though leaving much unsaid. But I trust that you yourselves will know without anything more what is for the interest of the state. For you need not take any evidence but your own about those who are worthy to legislate, as many of you as have passed the examination for the state. For his conduct is an unprecedented warning and contrary to all democracy.



ORATION XXXIL.

DIOGEITON.

1. If the points in dispute, gentlemen of the jury, were not great, I should not have allowed these to come to you to court, believing it a disgrace to have differences with one's relatives, and knowing that both such offenders seem to you to be all the worse, and those who cannot bear to be ill-treated by their relatives. But then, gentlemen of the jury, these have been defrauded of much money, and have suffered terribly at the hands of those for whom it was least proper, and they have appealed to me, their brother-in-law, and so I must speak in their behalf. 2. I married their sister, a granddaughter of Diogeiton, and having asked both of them many times, at first I persuaded them to entrust the case to friends, thinking it important that outsiders should not know of their affairs. But when Diogeiton could not bring himself to trust to any of his friends (to decide) about that which he had plainly been proved to hold, but preferred to defend suits, and to bring them if they were not brought (against him), and to run the greatest risks rather than by doing justice be rid of the charges in regard to them, (3) I beg of you, if I shall prove that they were treated under the guardianship of their grandfather worse than any one ever was in the city even by those not related, (I beg of you) to assist them to get justice, and if I do not prove it, trust him in everything, and believe me wrong here-after. I will try to tell you the whole story.

4. There were (two) brothers, gentlemen of the jury, Diodotus and Diogeiton, with the same father and mother, and they divided the ready money, and shared in the real estate. Now Diodotus made much money in business, and Diogeiton persuaded him to marry his only daughter, and they had two sons and a daughter. 5. Some time after this, Diodotus, having enlisted with Thrasyllus in the infantry, called his wife, who was his niece, and her father, who was his own father-in-law and son of the same father, the grandfather and uncle of his little ones, and thinking on account of these ties he could entrust his children to no one's care more fittingly, he made a compact with him, and deposited with him five talents of silver. 6. And he showed lent out on bottomry seven talents and forty minae, and two thousand (drachmae) invested in the Chersonesus. And he provided in case of his death a talent to be given to his wife together with the household goods, and a talent to his daughter. And he left for his wife twenty minae and thirty Cyzicene staters. 7. After doing this, and leaving schedules at home, he went to join Thrasyllus.

And when he died in Ephesus, Diogeiton concealed his death from his daughter, and took the documents which he had left sealed, claiming that he must collect by these papers the money lent out on bottomry. 8. And when after a time he told them of his death, and they had performed the customary rites, for the first year they lived in Piraeus, for their store of provisions had been left there. But when these began to give out, he sent the sons up to the city, and married off their mother, giving her (as dowry) five thousand drachmae, a thousand less than her husband had appointed for her. 9. Eight years after this the elder of the boys passed his examination (became a citizen), and Diogeiton summoned them and said that their father had left them twenty silver minae and thirty staters. "So I have spent much of my own property for bringing you up. And as long as I had money, it made no difference to me; but now I myself am short of funds. So you, as you are of age and have become a citizen, are to look out to get your own living." 10. After they heard this they were surprised, and went weeping to their mother, and taking her with them they came to me, feeling terribly bitter because of their trouble, and (really) miserably turned out of doors. With tears they called on me not to allow them to be cheated out of their inheritance and made paupers, cruelly treated by one who ought least of all (to have done it), but to aid them both for my wife's sake and their own. 11. It were a long story to tell you the sorrow in my house during that time. Finally their mother begged and entreated, me to bring together her father and their friends, saying that, although formerly unaccustomed to speak before men, the magnitude of her misfortunes compelled her to declare to us all their miseries. 12. And in my indignation I went to Hegemon who had married the daughter of this (Diogeiton), and I went into the matter with other interested persons, and summoned him (Diogeiton) to an examination on what he had done. At first Diogeiton was unwilling, but at last was compelled by his friends. And when we had assembled, the woman asked him in what possible spirit (how he had the heart to) he had treated the boys so, "being (as you are) their father's brother, my father, and both uncle and grandfather to them. 13. And if you feel no shame before men, you ought to fear the gods," she said, "for when he sailed away you took five talents which he had deposited (with you). And for (the truth of) these things, I am willing to imprecate my children, both these and those I have had later, wherever you may please. Truly I am not so wretched nor think so much of money as to die having sworn falsely on my children, and take away unjustly the property of my father." 14. Then she proved that he had received seven talents four thousand drachmae, and she showed the accounts of this. For in changing residence, when he moved from Collytus to the house of Phaedrus, the boys found an account-book which had been thrown away, and brought it to her. 15. This proved that he had received a hundred minae loaned out on interest on a mortgage, and two thousand drachmae, and valuable furniture; also there came in every year corn from the Chersonesus. "And then did you go so far," she said, "with so much money in your possession, as to say that their father left (only) two thousand drachmae and thirty staters, the very amount which I inherited at his death and gave over to you? 16. And you even thrust out of their own house these grandsons of yours, thinly clad, barefooted, without an attendant, without beds, without cloaks, without the furniture their father had left them, without the deposit he entrusted to you. 17. And now you are supporting at great expense the children of my stepmother, happy children; and in this you do well, but you are wronging my children, whom you have driven from the house, and try to make out that they are poor instead of rich. And in such deeds you neither fear the gods, nor are ashamed before me, your daughter, who understand you, nor do you remember your brother, but care for your brother more than everything else." 18. Then, gentlemen of the jury, as so many dreadful charges were made by this woman, all of us who were present were greatly affected by what he had done, and by her words, as we saw what the boys had suffered, and realized how unworthy a guardian of the property the dead had left. Then feeling how difficult it was to find a worthy person to entrust one's affairs to, no one of those present, gentlemen of the jury, could speak, but went off in silence, weeping no less than the sufferers. So first let the witnesses come in.

EVIDENCE.

19. I ask you now, gentlemen of the jury, to hear my calculation, that you may pity the boys for the magnitude of their misfortunes, and think this man most deserving of your anger. For Diogeiton causes all men to suspect one another, so as to trust neither the living nor the dead, nor one's dearest ones more than one's enemies. 20. For he had the hardihood to deny some of the facts, but finally acknowledged part, and showed the receipts and expenses for the boys and their sister for eight years, amounting to seven silver talents and four thousand drachmae. And he became so shameless, that not being able to account for the money, he charged five obols a day for the living of the boys and their sister, and he made no itemized account for shoes and clothing, and the barber either by the month or year, but made the sum-total amount to more than one talent of silver. 21. And while not spending more than twenty-five minae of the five thousand drachmae charged for their father's monument, he charged half that amount to himself, and half to them. And for the festival of Dionysus, gentlemen of the jury, (for I think it not out of place to call this to your minds,) he entered a lamb as costing sixteen drachmae, and charged the children with eight; at this we were the most indignant. So, my friends, in great losses often the minor wrongs trouble those who are injured no less (than more important ones), for they show all too plainly the baseness of the offenders. 22. Then for other festivals and sacrifices he charged to them more than four thousand drachmae, and there were other large charges made, which were reckoned to make out the amount, as if he had been made the children's guardian for this, that he might show them accounts instead of money, and make up that they were poor and not rich, and that, if they had any hereditary enemy, they might forget him, and only contend with their guardian being bereft of their patrimony.

23. If he had wanted to be just to the children, according to the laws which exist about (the treatment of) orphans for the guidance of guardians with and without property, he could have farmed out the estate (thus) getting rid of all trouble, or bought land, and brought up the children on the income from it. Whichever course he followed, they would have been as rich as any Athenian. But now he seems to me never to have taken any thought of securing the property, but to keep it for himself, thinking that his baseness should be the dead man's heir.

24. Here is the worst count of all, gentlemen of the jury. For he, while sharing as Trierarch with Alexis, the son of Aristodicus, claimed that he had contributed forty-eight minae, and charged half of this to these orphan children, whom the state has made exempt, not only because they are children, but that when they are of age they are released from liturgies for a year. But this man, their grandfather, illegally exacts from the children of his own daughter half of his contribution as Trierarch. 25. And having sent to Adria a merchant-ship worth two talents, he told their mother when he dispatched it, that the risk was the children's, but when it arrived in safety and doubled its value, he said the profit was his own. And yet, if he puts down their losses, and takes himself what is saved, he will find no difficulty in setting down on the account what has been spent, and will easily become rich himself from the money which does not belong to him. 26. It would be too much, gentlemen of the jury, to go through the accounts point by point; but when with some difficulty I got the accounts from him, in the presence of witnesses I asked Aristodicus, the brother of Alexis, for he had died, if he had any record of the trierarchy. He said he had, and going to his house we found that Diogeiton had given over to him (Alexis) twenty-four minae for the trierarchy. 27. The whole expense was here shown to have been forty-eight minae, so that he charged them with what his whole expense had been. And what do you think could have been his conduct in matters of which no one had any knowledge but himself, and which he managed alone, when in transactions which were carried on through others, and were not difficult to find out, he had the hardihood to cheat his daughter's children out of twenty-four minae. Now bring in the witnesses.

WITNESSES.

28. You have heard the witnesses, gentlemen of the jury. Now taking as a basis the money which he finally acknowledged to have, I will reckon from that, taking no income into account, but spending from the principal. I will allow what no one in the city does, for the two boys, their sister, teacher, and maid a thousand drachmae a year, a little less than three drachmae a day, amounting in eight years to eight thousand drachmae, (29) which shows a balance of six talents from the seven talents twenty minae. For he could not show that he has lost to pirates nor suffered loss, nor paid creditors (for the father).



ORATION XXXIII.

PANEGYRIC.

1. For many noble deeds, my friends, it is well to commemorate Heracles, but especially because he was the founder of these games through his good-will to Greece. For at that time cities lived in enmity one with another; (2) but then that (hero) slew the tyrants, punished the arrogant, and established this, contest of strength, emulation of wealth, and exhibition of mind in this most beautiful spot in Greece, that for all these things we might assemble together, to witness and to hear. For he believed that concourse here would be the starting-point for a common friendship among the Greeks. 3. He then conceived the plan, and I am here not to quibble or juggle with words. For this I believe is the part of useless sophists needing to make a living, but it is for a brave man and worthy citizen to speak for the highest good, seeing how low lies Greece, much in the power of the barbarian, many cities under the foot of tyrants. 4. And had we suffered this through weakness, we should have to put up with our fate; but as (it resulted) from seditions and wrangling among ourselves, why should we not put an end to these things and check them, knowing that it is for those who are successful to love quarrels, but for the unfortunate to have the clearest ideas about conduct? 5. For we see great dangers threatening on all sides, and you know that power belongs to the rulers of the sea, and the king holds the treasure and the lives of such Greeks as can be bought, and he has many ships, and many, too, the tyrant of Sicily. 6. So it is best to cease our quarrels with one another, and with one purpose cling to our liberties, feeling shame for our past, and fear for the future, and imitate our ancestors who took from the barbarians their liberty while they were plotting against that of other men, and drove forth the tyrants, and established equal freedom for all. 7. And most of all I wonder with what mind the Spartans watch the conflagration of Greece, they who are not unjustly the leaders of the Greeks through their inborn valor and knowledge of military affairs, who are the only ones who live unsacked, without walls, with no factions, unconquerable, with no change of customs. For these reasons there is hope that they have imperishable freedom, and as in past dangers they were the saviors of Greece that they will be seen as such for the future. 8. No future time is better than the present. For there is no need of regarding the misfortunes of those who have perished as concerning others, but ourselves, and not wait until the forces of both come upon us in person, but while we can, check their arrogance. 9. For who would not feel alarm, seeing them gaining in importance in the war with each other? And in these disgraceful and terrible circumstances those who have been so greatly at fault have every advantage from what has occurred, while the Greeks (have) no means of redress.

THE END