diff --git a/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.tracking.json b/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.tracking.json deleted file mode 100644 index 954dcd051..000000000 --- a/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.tracking.json +++ /dev/null @@ -1,14 +0,0 @@ -{ - "epidoc_compliant": false, - "fully_unicode": true, - "git_repo": "canonical-greekLit", - "has_cts_metadata": false, - "has_cts_refsDecl": false, - "id": "1999.01.0154", - "last_editor": "", - "note": "", - "src": "texts/Classics/Lysias/opensource/lys_eng.xml---subdoc---speech=25", - "status": "migrated", - "target": "canonical-greekLit/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.xml", - "valid_xml": true -} \ No newline at end of file diff --git a/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.xml b/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.xml deleted file mode 100644 index d2347dbe0..000000000 --- a/data/tlg0540/tlg025/tlg0540.tlg025.perseus-eng1.xml +++ /dev/null @@ -1,295 +0,0 @@ - - - - - - Defense Against a Charge of Subverting the Democracy - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- - I can find full excuse for - you, gentlemen of the jury, if on hearing such statements and remembering past events you - are equally incensed against all those who remained in the city. But I am surprised at my - accusers: they neglect their own concerns to attend to those of others, and now, though they - know for certain who are guilty of nothing and who have committed many offences, they seek - to persuade you into holding this same opinion about us all. Now, if they conceive that they have charged me with everything that the city has suffered - at the hands of the Thirty, I consider them to be speakers of no ability; for they have not - mentioned so much as a small fraction of what has been perpetrated by those men. But if - their statements imply that I had any connection with those things, I shall prove that their - words are nothing but lies, and that on my part I behaved as the best citizen in the - Peiraeus would have done, if he had remained in the city. I - beg you, gentlemen, not to share the views of the slander-mongers. Their business is to - inculpate even those who have committed no offence, —for it is out of them especially that - they would make money,An inoffensive, peaceable man would - usually prefer paying an informer blackmail to undergoing the trouble and risk of a legal - action. Cf. Xen. Mem. 2.9.1.—while yours is to - allow an equal enjoyment of civic rights to those who have done no wrong; for in this way - you will secure to the established constitution the greatest number of allies. And I claim, gentlemen, if I am found to have been the cause of none - of our disasters, but rather to have performed many services to the State with both my - person and my purse, that at any rate I should have that support from you which is the just - desert, not merely of those who have served you well, but also of those who have done you no - wrong. Now, I consider that I have a strong justification - in the fact that, if my accusers were able to convict me of wrongdoing in private life, they - would not charge me with the misdeeds of the Thirty: they would not see occasion to traduce - others on the score of what those persons have perpetrated, but only to requite the actual - wrongdoers. But in fact they conceive that your resentment against those men is sufficient - to involve in their ruin those who have done no harm at all. I, however, hold that, just as it would be unfair, when some men have been the source of - many benefits to the city, to let others carry off the reward of your honors or your thanks, - so it is unreasonable, when some have continually done you harm, that their acts should - bring reproach and slander upon those who have done no wrong. The city has enough enemies - already existing, who count it a great gain to have people brought up on slanderous charges. - I will now try to explain - to you who of the citizens are inclined, in my view, to court oligarchy, and who democracy. - This will serve as a basis both for your decision and for the defence that I shall offer for - myself; for I shall make it evident that neither under the democracy nor under the oligarchy - has my conduct suggested any inclination to be disloyal to your people. Now, first of all, you should reflect that no human being is naturally - either an oligarch or a democrat: whatever constitution a man finds advantageous to himself, - he is eager to see that one established; so it largely depends on you whether the present - system finds an abundance of supporters. That this is the truth, you will have no difficulty - in deducing from the events of the past. For consider, - gentlemen of the jury, how many times the leaders of both governmentsThe oligarchy of the Four Hundred and the despotism of the Thirty. - changed sides. Did not Phrynichus, Peisander and their fellow demagogues, when they had - committed many offences against you, proceed, in fear of the requital that they deserved, to - establish the first oligarchy? And did not many of the Four Hundred, again, join in the - return of the Peiraeus party, while some, on the other hand, who had helped in the expulsion - of the Four Hundred, actually appeared among the Thirty? Some, too, of those who had - enlisted for Eleusis marched out with you to - besiege their own comrades! There is thus no difficulty in - concluding, gentlemen, that the questions dividing men are concerned, not with politics, but - with their personal advantage. You should therefore apply this test in the probation of your - citizens: examine their use of the citizenship under the democracy, and inquire whether they - stood to benefit by a change in the government. In this way you will most justly form your - decision upon them. Now, in my opinion, all those who had - been disfranchised under the democracy, or deprived of their property, or subjected to any - other misfortune of the sort, were bound to desire a different system, in the hope that the - change would be some benefit to themselves. But in the case of those who have done the - people many good services, and never a single hurt, and who deserve your grateful favors - instead of punishment for what they have achieved, it is not fair to harbor the slanders - aimed at them, not even if all who have charge of public affairs allege that they favor - oligarchy. Now I, gentlemen - of the jury, never suffered any misfortune during that time,The six years between the restoration of the democracy in 410 B.C. and the tyranny of the Thirty in 404 - B.C. either private or public, which could lead me, through eagerness to be - relieved of present ills, to court a change in our system. I have equipped a warship five - times, fought in four sea-battles, contributed to many war levies, and performed my other - public services as amply as any citizen. But my purpose in - spending more than was enjoined upon me by the city was to raise myself the higher in your - opinion, so that if any misfortune should chance to befall me I might defend myself on - better terms. Of all this credit I was deprived under the oligarchy; for instead of - regarding those who had bestowed some benefit on the people as worthy recipients of their - favors, they placed in positions of honor the men who had done you most harm, as though this - were a pledge by which they held us bound. You ought all to reflect on those facts and - refuse to believe the statements of these men: you should rather judge each person by the - record of his actions. For - I, gentlemen, was not one of the Four Hundred: I challenge anyone who wishes amongst my - accusers to come forward and convict me of this. Neither, again, will anyone prove that, - when the Thirty were established, I sat on the Council or held any office. Surely, if I - chose not to hold office when I could have done so, I deserve to be honored by you today. - If, on their part, the men who were in power at that time preferred not to give me a place - in the government, could I find a more signal proof than this of the falsehood of my - accusers? Furthermore, - gentlemen of the jury, you ought also to take account of the rest of my conduct. For amid - the misfortunes of the city my behavior was such that, if everyone had been of one mind with - me, not one of you would have experience of a single misfortune. I had no hand during the - oligarchy, you will find, either in the arrest of anybody, or in taking vengeance upon any - of my enemies, or in conferring a favor on any of my friends, —and in that there is nothing to wonder at, for at that time it was - difficult to confer favors, though an act of mischief was easy for anyone who wished. Again, - you will find that I did not place the name of a single Athenian on the black list,The Thirty drew up a list of citizens, other than the - privileged 3000, who were suspected of opposing or disapproving the violent measures of - the cabal. or obtain a decree of arbitration against anyone, or enrich myself by - means of your misfortunes. Yet surely, if you are incensed against the authors of your past - troubles, it is reasonable that those who have done no mischief should stand the higher in - your opinion. And indeed, gentlemen of the jury, I - consider that I have given the democracy the strongest pledge of my attachment. For if I did - no mischief at that time, when ample licence for it was allowed, surely I shall now make - every effort to be a good citizen in the full knowledge that, if I am guilty of wrong, I - shall incur immediate punishment. But in fact I have continually held to this resolve, - —under an oligarchy, not to covet the property of others, and under a democracy, to spend my - own upon you with zeal. I - consider, gentlemen, that you would not be justified in hating those who have suffered - nothing under the oligarchy, when you can indulge your wrath against those who have done - your people mischief; or in regarding as enemies those who did not go into exile instead of - those who expelled you, or those who were anxious to save their own property instead of - those who stripped others of theirs, or those who stayed in the city with a view to their - own safety instead of those who took part in the government for the purpose of destroying - others. If you think it your duty to destroy the men whom they passed over, not one of the - citizens will be left to us. You ought also to take account of this further point, gentlemen of the jury: you are all - aware that under the previous democracy there were many in the ministry who robbed the - Treasury; while some accepted bribes at your expense, and others by malicious informations - estranged your allies.For this kind of mischief-making cf. - Isoc. 15.318. Now, if the Thirty had kept their - punishments for these cases, you would have held them yourselves to be honest men: but when - in fact you found them deliberately oppressing the people because of the offences of those - persons, you were indignant; for you considered it monstrous that the crimes of the few - should be spread over the whole city. It is not right, - therefore, that you should resort to those offences which you saw them committing, or regard - those deeds, which you deemed unjust when done to you, as just when you do them to others. - No: let your feeling towards us after your restoration be the same as you had towards - yourselves in your exile; for by this means you will produce the utmost harmony amongst us, - the power of the city will be at its highest, and you will vote for what will be most - distressing to your enemies. And you should reflect, gentlemen, on the events that have occurred under the Thirty, in - order that the errors of your enemies may lead you to take better counsel on your own - affairs. For as often as you heard that the people in the city were all of one mind, you had - but slight hopes of your return, judging that our concord was the worst of signs for your - exile: but as soon as you had tidings that the Three - Thousand were divided by faction, that the rest of the citizens had been publicly banned - from the city, that the Thirty were not all of one mind, and that those who had fears for - you outnumbered those who were making war on you, you immediately began to look forward to - your return and the punishment of your enemies. For it was your prayer to the gods that - those men should do the things that you saw them doing, since you believed that the villainy - of the Thirty would be far more useful for your salvation than the resources of the exiles - for your return. You ought therefore, gentlemen, to take - the events of the past as your example in resolving on the future course of things, and to - account those men the best democrats who, desiring your concord, abide by their oaths and - covenants, because they hold this to be the most effective safeguard of the city and the - severest punishment of her enemies. For nothing could be more vexatious to them than to - learn that we are taking part in the government and to perceive at the same time that the - citizens are behaving as though they had never had any fault to find with each other. - And you should know, gentlemen, that the exiles desire - to see the greatest possible number of their fellow citizens not merely slandered but - disfranchised; since they hope that the men who are wronged by you will be their allies, and - they would gladly have the venal informers standing high in your esteem and influential in - the city. For they judge the villainy of those creatures to be their own safeguard. - You will do well to - remember also the events that followed the rule of the Four HundredJune-September, 411 B.C.; for you will fully - realize that the measures advised by these men have never brought you any advantage, while - those that I recommend have always profited both parties in the State. You know that - Epigenes, Demophanes and Cleisthenes, while reaping their personal gains from the city’s - misfortunes, have inflicted the heaviest losses on the public weal. For they prevailed on you to condemn several men to death without trial, - to confiscate unjustly the property of many more, and to banish and disfranchise other - citizens; since they were capable of taking money for the release of offenders, and of - appearing before you to effect the ruin of the innocent. They did not stop until they had - involved the city in seditions and the gravest disasters, while raising themselves from - poverty to wealth. But your temper moved you to welcome - back the exiles, to reinstate the disfranchised in their rights, and to bind yourselves by - oaths to concord with the rest. At the end of it all, you would have been more pleased to - punish those who traded in slander under the democracy than those who held office under the - oligarchy. And with good reason, gentlemen: for it is manifest now to all that the unjust - acts of rulers in an oligarchy produce democracy, whereas the trade of slanderers in the - democracy has twice led to the establishment of oligarchy. It is not right, therefore, to - hearken many times to the counsels of men whose advice has not even once resulted in your - profit. And you should - consider that, in the Peiraeus party, those who are in highest repute, who have run the - greatest risk, and who have rendered you the most services, had often before exhorted your - people to abide by their oaths and covenants, since they held this to be the bulwark of - democracy: for they felt that it would give the party of the town immunity from the - consequences of the past,Those who had remained in - Athens under the Thirty were for long held - in suspicion by the restored democrats. and the party of the Peiraeus an assurance - of the most lasting permanence of the constitution. For - these are the men whom you would be far more justified in trusting than those who, as - exiles, owed their deliverance to others and, now that they have returned, are taking up the - slanderer’s trade. In my opinion, gentlemen of the jury, those among our people remaining in - the city who shared my views have clearly proved, both under oligarchy and under democracy, - what manner of citizens they are. But the men who give us - good cause to wonder what they would have done if they had been allowed to join the Thirty - are the men who now, in a democracy, imitate those rulers; who have made a rapid advance - from poverty to wealth, and who hold a number of offices without rendering an account of - any; who instead of concord have created mutual suspicion, and who have declared war instead - of peace; and who have caused us to be distrusted by the Greeks. Authors of all these troubles and of many more besides, and differing no - whit from the Thirty, —save that the latter pursued the same ends as theirs during an - oligarchy, while these men follow their example in a democracy, —they yet make it their - business to maltreat in this light fashion any person they may wish, as though everyone else - were guilty, and they had proved themselves men of the highest virtue. (Nay, it is not so much they who give cause for wonder as you, who suppose - that there is a democracy, whereas things are done just as they please, and punishment - falls, not on those who have injured your people, but on those who refuse to yield their own - possessions.) And they would sooner have the city diminished than raised to greatness and - freedom by others: they consider that their perils in the - Peiraeus give them licence now to do just as they please, while, if later on you obtain - deliverance through others, they themselves will be swept away, and those others will be - advanced in power. So they combine to obstruct any efforts that others may make for your - benefit. But their purpose is readily detected by any - observer: for they are not anxious to hide themselves, but are rather ashamed not to be - reputed villains; while you partly see the mischief for yourselves, and partly hear it from - many other persons. As for us, gentlemen, we consider that you are bound by your duty - towards all the citizens to abide by your covenants and your oaths:

-

nevertheless, when we see justice done upon the authors of your troubles, we remember your - former experiences, and condone you; but when you show yourselves openly chastising the - innocent along with the guilty, by the same vote you will be involving us all in - suspicion.The speaker seems to be accusing the - democratic leaders of persecuting citizens who had shown oligarchic sympathies and who - ought now to be protected by the oaths of concord that had been sworn by the two - parties.

- - - - diff --git a/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.tracking.json b/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.tracking.json deleted file mode 100644 index b1dc6f181..000000000 --- a/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.tracking.json +++ /dev/null @@ -1,14 +0,0 @@ -{ - "epidoc_compliant": false, - "fully_unicode": true, - "git_repo": "canonical-greekLit", - "has_cts_metadata": false, - "has_cts_refsDecl": false, - "id": "1999.01.0154", - "last_editor": "", - "note": "", - "src": "texts/Classics/Lysias/opensource/lys_eng.xml---subdoc---speech=26", - "status": "migrated", - "target": "canonical-greekLit/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.xml", - "valid_xml": true -} \ No newline at end of file diff --git a/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.xml b/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.xml deleted file mode 100644 index 1824c955c..000000000 --- a/data/tlg0540/tlg026/tlg0540.tlg026.perseus-eng1.xml +++ /dev/null @@ -1,235 +0,0 @@ - - - - - - On the Scrutiny of Evandros - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- - nor expecting that now, after this lapse of time, they will be strict - in their scrutiny, since you are conscious of having committed many grievous offences - against them; but these, you believe, some of them have forgotten, and will not even recall - them to mind. Well, for my part I am quite indignant that he should come before you in the - confidence of this hope, as though the persons whom he had wronged were different and - distinct from those who are to give their verdict on these matters, and as though it were - not the same people that have been his victims and are also to be his hearers. It is - yourselves who are responsible for this: for you do not - bear in mind that these men, when the city was subject to the Lacedaemonians, did not - vouchsafe you a share even in the common slavery, but actually expelled you from the city; - while you, after setting her free, made them partakers, not only in that freedom, but also - in the judicature and in the public business of the Assembly. They have some reason, then, - for thus convicting you of fatuity. This man is one of - them, and he is not content to be allowed to share these rights, but claims as well, before - paying the penalty for those actions, to hold office once more.I am informed that today he will make but a brief reply to the charges brought against - him, skimming over the facts and shuffling off the accusation with his defence; and he will - tell how he and his family have spent a great amount on the State, have performed public - services with ardent zeal, and have won many brilliant victoriesIn dramatic or athletic contests. under the democracy; that he himself - is an orderly person, and is not seen acting as others of our people venture to act, but - prefers to mind his own business. But I find no difficulty - in countering those statements. As regards the public services, I say that his father would - have done better not to perform them than to spend so much of his substance: for it was on - account of this that he won the confidence of the people and overthrew the democracy; and so - our memory of these deeds must be more abiding than of the offerings he has set upIn the temples at Athens, Delphi, etc. in - record of those services. As to his love of quiet, I say - that we ought not to investigate his sobriety today, when there is no chance for him to be - licentious: we should rather examine that period in which, being free to choose either way - of life, he preferred to mark his citizenship by illegal acts. For the fact of his - committing no offences now is due to those who have prevented him; but what he did then was - owing to the man’s character and to those who vouchsafed him a free hand. So that if he - claims to pass the scrutiny on this score, you should form this conception of the case, if - you would not seem fatuous in his sight. And if they have recourse to the further argument that time does not allow of - your electing another man, and that his failure to pass your scrutiny must inevitably leave - the ancestral sacrifices unperformed, you should reflect that the time has already long gone - by. For tomorrow is the last remaining day of the year, and on that day a sacrifice is - offered to Zeus the Saviour, when it is impossible to complete a panel of jurymen in - defiance of the laws.Apparently the law forbade any court - to sit on that day. - If all these difficulties are the contrivance of this man, - what are we to expect, when once he has passed the scrutiny, of the man who will have - persuaded the outgoing magistrates to commit an illegality in his interest? Will he contrive - just a few things of this sort in the course of a year? For my part, I think not. But you have to consider, not this question alone, but whether piety - is better served by the sacrifices on behalf of the future magistrate being offered by the - king-archon and his fellow-magistrates,—as has in fact been done in the past,—or by this - man, whom those who know about him have testified to be not even without stained handsProbably referring to murders committed in compliance with the - violent measures of the Thirty.; and whether you have sworn to install a magistrate - who has not passed the scrutiny or, after holding the scrutiny, to crown the man who is - worthy of the office? That is what you have to consider. - Reflect also on the fact that the author of the law concerning scrutinies had chiefly in - view the magistrates of the oligarchy; for he thought it monstrous that the men responsible - for the overthrow of the democracy should regain office under that very constitution, and - get control over the laws and over the city of which they had formerly taken charge only to - maim her with such shameful and terrible injuries. Hence it is not right to be careless of - the scrutiny, or to make it of so slight account as to ignore it: no, you should keep guard - over it; for on the just title of each magistrate depends the safety of the government and - of your whole people. Suppose that he were now under - scrutiny for admission to the Council, and he had his name registered on the tablets as - having served in the cavalry under the Thirty: even without an accuser you would reject him. - And now, when he is found, not merely to have served in the cavalry and on the Council, but - to have also committed offences against the people, will it not be strange behavior on your - part not to show that you have the same feelings towards him? Besides, had he qualified for the Council, he would have held his seat as - one in a body of five hundred, for a year only; so that, if in that period he had wished to - commit an offence, he would have been easily prevented by the others. But, if he is approved - for this office, he will hold it all by himself, and as a member of the Council of the - Areopagus he will obtain control over the most important matters for an unlimited time.The gravest criminal charges, and cases of sacrilege, were - brought before the ancient court of the Areopagus. - It therefore behoves you to be stricter in your scrutiny - for this office than for any other one. Else, what do you suppose will be the attitude of - the great body of the citizens, when they become aware that the man who ought to have been - punished for his offences has been approved by you for this high post; when they find a man - judging murder cases who should have been tried himself by the Council of the Areopagus; and - when, moreover, they see him crowned and established in control of heiresses and orphans, - whose bereavement, in some cases, he has himself brought about? Do you not think they will show a resentful temper, and will hold you - responsible for it all, when they put themselves back in those former times, in which many - of them were hauled to prison and destroyed without trial by these men, or compelled to flee - their own country; and when they further reflect that this same person, who has brought - about the rejection of Leodamas, has caused this man to qualify, by acting as accuser of the - former and undertaking the defence of the latter? And what is the attitude of Evandros - towards the city? How many troubles has he brought upon her? Again, if you heed his words, what ill odor must you expect to incur! For, - in the former case, they supposed it was anger that caused you to reject Leodamas; but if - you approve this man, they will be convinced that you have given an unjust sentence on the - other. These men are on their trial before you; but you are on yours before the whole city, - which is watching even now to see what view you will take of her. Let none of you imagine that I am accusing Evandros to oblige Leodamas, - because he is a friend of mine: no, it is only from my solicitude for you and for the city. - This you may easily apprehend from the actual circumstances. For it is to Leodamas’s - interest that this man should be approved, since that would most surely discredit you, and - give you the repute of placing oligarchs instead of democrats in the magistracy; but it is - to your interest to reject this man, for you will get the credit of having acted justly also - in rejecting the other. But if you do not reject this man, you will appear to have been - unjust in the other case also. And yet, I am told, he will assert that this scrutiny affects, not merely - him, but all those who remained in the city, and he will remind you of your oaths and - covenantsi.e., not to cherish enmity against the party - of the town. in the hope that he will thus contrive to enlist the men who remained - in the city to aid him in this scrutiny. But I desire, on behalf of the people, to give him - this brief reply: the people do not take the same view of all those who remained in the - city, but regard those who commit offences like his with the feelings that I say they - ought,i.e., with severity. while towards the rest - they feel the opposite. The proof of this is that the - latter have received no less honor from the city than those who marched on Phyle and got - possession of the Peiraeus. And with good reason: for the character of these last is known - to them only as shown under democracy, and they have not yet made trial of what it would be - under oligarchy; whereas they have had sufficient test of those others under each kind of - government to give grounds for confidence.The more - liberal-minded of the party of the town have been tried by the test of oligarchy as well - as that of democracy, and deserve the full benefit of the reconciliation. - They consider that the arrests and executions were due to - the defendant and his like, whereas the escapes were owing to the other citizens: in fact, - if all had been of the same mind as they, neither exile nor restoration nor any other of the - events that have occurred would have befallen the city. As - to the further point which some find unaccountable,—how it was that their large numbers were - worsted by the little band of the Peiraeus,—this can only be attributed to the prudent - policy of those citizens; for they chose to concert a government with the restored exiles - rather than an enslavement to the Lacedaemonians with the Thirty. It is therefore they, not these persons, whom the people have - distinguished with the highest honors, appointing them to cavalry commands, generalships and - embassies in their service; and they have never repented of it. Those who had committed - numerous offences caused them to decree the institution of scrutinies; those who had done - nothing of the sort, to make their covenants. So much for my reply to you on behalf of the - people. It is your - business, gentlemen of the Council, to inquire whether you will reach a better decision in - the matter of this scrutiny by listening to me or to Thrasybulus, who will defend this man. - Well, concerning myself or my father or my ancestors he will have nothing to allege that - points to hatred of the people. For he cannot say that I took part in the oligarchy, as I - underwent the scrutiny for manhoodIn his eighteenth - year. at a later date than that; or that my father did either, since he died while - holding command in Sicily, long before those - seditions; or that my ancestors were subject to the - despots, for they continually persisted in raising rebellion against them. Nor yet will he - assert that we acquired our fortune in the war, and have spent nothing on the city: quite - the contrary, our estate during the peace amounted to eighty talents, and the whole of it - was spent in the war on the deliverance of the city. But - on my part I shall be able to tell of this personThrasybulus. three things so grave in their enormity that each deed is worthy of - death. First, for payment received, he raised a revolution in Boeotia, and deprived us of that alliance; second, he surrendered our - shipsIn a fight at the Hellespont, 387 B.C. Cf. Xen. Hell. 5.1.27. and confronted the city with the - problem of its safety; and last, from the prisoners of - war, whose loss he himself had caused, he extracted a bribe of thirty minae, by declaring - that he would not obtain their release unless they supplied him with this sum from their own - pockets. So now you are acquainted with the life of each of us: decide accordingly which of - us two you ought to believe regarding the scrutiny of Evandros, and by so doing you will - avoid mistake.

- - - - diff --git a/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.tracking.json b/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.tracking.json deleted file mode 100644 index 314aab5a0..000000000 --- a/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.tracking.json +++ /dev/null @@ -1,14 +0,0 @@ -{ - "epidoc_compliant": false, - "fully_unicode": true, - "git_repo": "canonical-greekLit", - "has_cts_metadata": false, - "has_cts_refsDecl": false, - "id": "1999.01.0154", - "last_editor": "", - "note": "", - "src": "texts/Classics/Lysias/opensource/lys_eng.xml---subdoc---speech=27", - "status": "migrated", - "target": "canonical-greekLit/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.xml", - "valid_xml": true -} \ No newline at end of file diff --git a/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.xml b/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.xml deleted file mode 100644 index 12805fc58..000000000 --- a/data/tlg0540/tlg027/tlg0540.tlg027.perseus-eng1.xml +++ /dev/null @@ -1,158 +0,0 @@ - - - - - - Against Epicrates and his Fellow-envoys - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- The accusations that have - been made, men of Athens, against Epicrates and - his fellow-envoys are sufficient: but you should bear in mind the assertion that you have - often heard from the mouths of these men, whenever they sought to ruin somebody - unjustly,—that, unless you make the convictions that they demand, your stipends will not be - forthcoming.The allusion is to the three obols paid - daily to each juryman. The expenses of the judicature were usually covered by the income - from fines and confiscations, and in a time of financial stress this evil alarm might - plausibly be raised. Cf. Aristoph. Kn. 1359. - They are none the less deficient today; so that through - their act the suffering and the disgrace fall to you, and the profit to them.The text here is very uncertain. For they have found by - experiment that, whenever they and their speeches seem likely to induce you to give your - votes against justice, they easily obtain money from the guilty parties. Yet what hope of safety can be ours, when the preservation or the ruin of - the city depends on money, and when these men, —the guardians that you have set up, your - chastisers of the guilty,—both rob you and do anything for bribes? And this is not the first - time that they have been caught in criminal acts: they have been tried before now for taking - bribes. And here I have to reproach you for having - convicted OnomasasNothing is known of this person. - and acquitted this man of the same crime, although it was the same person who accused them - all, and they were opposed by the same witnesses; who had not been told by others, but were - the very persons who arranged with these men about the money and the gifts. Yet you are all aware that it is not by chastising men who are not able to - speak that you will make an example to deter men from wronging you, but that by doing - justice upon those who are able you will cause everyone to cease attempting to commit - offences against you. But at present they find it quite - safe to rob you. For if they are not detected, they will be able to enjoy their booty - without fear; while if they are caught, they either buy off the prosecution with part of - their ill-gotten gains, or save themselves, on being brought to trial, by their own ability. - So this is the moment, gentlemen of the jury, for you to make an example that will ensure - the honesty of the rest, by doing justice upon these men. All who are in the administration of the State have come here, not to listen to us, but to - know what view you will take of the guilty. Hence if you acquit these men, they will think - that there is nothing to fear from deceiving you and making a profit at your expense; but if - you condemn them, and sentence them to death, by that same vote you will make the rest more - orderly than they are now, and you will have done justice upon these men. And I conceive, men of Athens, - that even if you decided, without putting them on trial or consenting to hear their defence, - to condemn them to the extreme penalty, they would not have perished unjudged, but would - have paid the suitable penalty. For those men are not unjudged on whom you have given your - verdict with a knowledge of the acts that have been committed, but only those who, traduced - by their enemies in matters of which you have no knowledge, fail to get a hearing. These men - are accused by the facts: we are merely the witnesses against them. I have no fear that, if you hear them, you will acquit them; but I - consider that they would not have paid the penalty they deserved if you condemned them only - after having heard them. Could it be so, gentlemen, when they have not even the same - interests as you? During the war these men have advanced themselves from poverty to wealth - at your expense, while you are in poverty because of them. Yet surely it is the duty of true leaders of the people not to take your property in the - stress of your misfortunes, but to give their own property to you. And here we have come to - such a pass that those who formerly, in the period of peace, were unable even to support - themselves, are now contributing to your special levies, producing dramas and dwelling in - great houses. Yet there was a time when you begrudged - others the doing of these things with the means inherited from their fathers; whereas now - the city is in such a plight that you are no longer incensed by the thefts of these people, - but are thankful for what you can obtain for yourselves, as though it were you who were in - their pay, and not they who were robbing you! Most - preposterous of all, while in private suits it is the wronged who weep and arouse pity, in - public suits it is the wrongdoers who arouse pity, and you, the wronged, who pity them. So - now, perhaps, fellow-townsmen and friends, in their old habitual way, will cry out and - implore you to spare them. But, in my view, the proper course is this: if they believe these men to be free from guilt, let them prove that the - accusations are false, and so persuade you to acquit them; but if they are going to beg them - off in the belief that they are guilty, it is plain that they have more consideration for - the wrongdoers than for you, the wronged; so that they do not deserve to get indulgence, but - punishment, as soon as you can inflict it. Besides, you - may take it that these same persons have plied the prosecution with urgent requests, - supposing that they would obtain this indulgence more quickly from our small number than - from you, and also that other hands would be readier than your own to make a present of your - property. Now, we have refused to be traitors, and we - expect no less of you: reflect that you would be highly incensed with us, and would punish - us at any opportunity, as criminals deserve, had we come to terms with these men, either by - taking payment or by any other means. Yet if you are incensed with those who do not go - through with their suit as justice requires, surely you are bound to punish the actual - offenders. So now, gentlemen of the jury, after condemning - Epicrates you must sentence him to the extreme penalty. Do not take the course, to which you - have hitherto been accustomed, of convicting the guilty by an adverse verdict, and then - letting them go unscathed when you come to the sentence: this procures you the enmity, not - the punishment, of the guilty, as though it were the disgrace, and not the penalty, that - gave them concern. For you are well aware that by your verdict you merely disgrace the - guilty, but that by your sentence you exact vengeance for the crimes that they commit.

- - - - diff --git a/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.tracking.json b/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.tracking.json deleted file mode 100644 index 60a6e9ac3..000000000 --- a/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.tracking.json +++ /dev/null @@ -1,14 +0,0 @@ -{ - "epidoc_compliant": false, - "fully_unicode": true, - "git_repo": "canonical-greekLit", - "has_cts_metadata": false, - "has_cts_refsDecl": false, - "id": "1999.01.0154", - "last_editor": "", - "note": "", - "src": "texts/Classics/Lysias/opensource/lys_eng.xml---subdoc---speech=28", - "status": "migrated", - "target": "canonical-greekLit/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.xml", - "valid_xml": true -} \ No newline at end of file diff --git a/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.xml b/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.xml deleted file mode 100644 index 02e53d04b..000000000 --- a/data/tlg0540/tlg028/tlg0540.tlg028.perseus-eng1.xml +++ /dev/null @@ -1,182 +0,0 @@ - - - - - - Against Ergocles - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- The counts of the accusation - are so many and so grave, men of Athens, that - not even were he put to death a number of times for each one of his acts would Ergocles be - able, in my opinion, to give your people due satisfaction. For it is evident that he has - betrayed cities, wronged your representatives and your citizens, and advanced himself from - poverty to wealth at your expense. Now tell me, how can you - forgive these persons, when you see the fleet that they commanded breaking up for want of - money and dwindling in numbers,Diodorus Siculus ( Dio. Sic. 14.94) mentions a storm in which Thrasybulus lost 23 - warships. while these men, who were poor and needy on sailing out, have so quickly - acquired the largest fortune in the city? It is your duty, therefore, men of Athens, to show indignation at such conduct. And indeed it would be strange if now, when you are yourselves thus - oppressed by the special levies, you should forgive men who embezzle and take bribes; and - yet heretofore, when your estates were ample and the public revenue was ample too, those who - coveted your property you punished with death. I think you - will all agree that, if Thrasybulus had proposed to you that he should sail out with - warships which he was to deliver up worn out instead of new; that the dangers were to be - yours, while the benefits would accrue to his own friends; and that he would reduce you to - worse poverty owing to the levies, but would make Ergocles and his other adulators the - wealthiest men in the city,—not one of you would have given the man permission to sail out - with your ships. And to make matters worse, as soon as you - had decreed that an inventory be made of the sums obtained from the cities, and that his - fellow-commanders should sail home to undergo their audit, Ergocles said that there you were - at your slander-mongering and hankering after the ancient laws,Which regulated the collection of tribute from the states subject to - Athens down to the time of the Peloponnesian - War. and he advised Thrasybulus to occupy Byzantium, keep the ships, and marry Seuthes’A prince of Thrace friendly to - Thrasybulus. daughter: “by this means,” he told - him, “you will cut short their slander-mongering; for you will make them sit still, - contriving no harm against you and your friends, but full of fear for themselves.” So far - did they go, men of Athens,—as soon as they had - gorged themselves and were regaled with your possessions,—in regarding themselves as alien - to the city. No sooner are they rich than they hate you; - they plan thenceforth, not to be your subjects, but to be your rulers, and, apprehensive for - the fruits of their depredations, they are ready to occupy strongholds, establish an - oligarchy, and seek every means of exposing you, day after day, to the most awful dangers. - The result will be, they expect, that you will cease paying attention to their particular - offences and, in terror for yourselves and for the city, will leave them in peace. - Now, as for Thrasybulus, men of Athens,—for there is no need to say more about him,—he - did well to end his life as he didHe was killed in a riot - at Aspendus, 389-388 B.C.: for it was not right for him either to live in the - prosecution of such schemes or to suffer death at your hands with his repute of having - served you well in the past, but rather to settle his account with the city in that sort of - way. But the others, I see, in consequence of the Assembly - that was held two days ago,When Ergocles had been voted - guilty. are no longer sparing their money, but are purchasing their lives from the - speakers, from their enemies, and from the Committee,See - Lys. 22.2 and note. and are corrupting numerous - Athenians with hard cash. It is your duty to clear yourselves of that suspicion by punishing - this man today, and to make it plain to all people that there is no sum large enough to - overcome you in your purpose of exacting requital from the guilty. For you must reflect, men of Athens, that it is not Ergocles alone, but the whole city as well, that is on - trial. Today you are to demonstrate to your officers whether they ought to be upright or, - after abstracting as much of your property as they can, to compass their salvation by the - same means as these men are now applying. Well, of one - thing you may be assured, men of Athens: whoever - in this serious stringency of your affairs either betrays your cities or decides to steal - your money or receive bribes, is the very man to surrender your walls and your ships to the - enemy, and to establish oligarchy in place of democracy. It is not right, then, that you - should be mastered by their devices: you should rather make an example for all men to see, - and regard neither profit nor pity nor aught else as more important than the punishment of - these men. I do not - suppose, men of Athens, that in regard to - Halicarnassus and his command and his own - proceedings Ergocles will attempt any justification, but that he will state that he returned - from Phyle,With the democrats in 403 B.C. that he is a democrat, and that he bore his share in your - dangers. But I, men of Athens, do not view the - position in that sort of way. Those who, longing for - liberty and justice, desiring the maintenance of the laws and hating wrongdoers, shared in - your dangers, I do not regard as bad citizens, nor would it be unfair, I say, that the exile - of that party should be reckoned into their account. But those who, after their return, do - injury to your people under a democracy, and enlarge their private properties at your - expense, deserve to feel your wrath far more than the Thirty. The latter were elected for the very purpose of doing you harm by any - available means, whereas you have entrusted yourselves to these men in order that they may - promote the greatness and freedom of the city. Nothing of the sort have you secured: so far - as they could, they have involved you in the most awful dangers; and hence you would be far - more justified in pitying yourselves, your children and your wives than these men, when you - think of the ravages that you suffer at such hands as theirs. For, just when we are convinced that we have salvation in our grasp, we - meet with more terrible treatment from our officers than from the enemy. Of course you all - understand that you have no hope of salvation if you undergo a reverse.The reference is to the depletion of the Treasury. You ought therefore - to exhort yourselves to impose on these men today the extreme penalty, and to make it - evident to the rest of Greece that you punish the - guilty and mean to reform your officers. This, at least, - is my own exhortation to you; and you should know that, if you take my advice, you will - decide wisely for yourselves, but if not, you will find the rest of the citizens more - unruly. Besides, men of Athens, if you acquit - them, they will not be thankful to you, but to their expenditure and to the funds that they - have embezzled; so that, while you endow yourselves with their enmity, they will thank those - means for their salvation. Furthermore, men of Athens, both the people of Halicarnassus and the other victims of these men, if you inflict the extreme - penalty upon them, will feel that, although they have been ruined by these persons, they - have been vindicated by you; but if you save their lives, they will suppose that you have - put yourselves in accord with their betrayers. So, bearing all these points in mind, you - ought by the same act to show your gratitude to your friends and to do justice upon the - guilty.

- - - - diff --git a/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.tracking.json b/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.tracking.json deleted file mode 100644 index 39fd4e9b0..000000000 --- a/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.tracking.json +++ /dev/null @@ -1,14 +0,0 @@ -{ - "epidoc_compliant": false, - "fully_unicode": true, - "git_repo": "canonical-greekLit", - "has_cts_metadata": false, - "has_cts_refsDecl": false, - "id": "1999.01.0154", - "last_editor": "", - "note": "", - "src": "texts/Classics/Lysias/opensource/lys_eng.xml---subdoc---speech=29", - "status": "migrated", - "target": "canonical-greekLit/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.xml", - "valid_xml": true -} \ No newline at end of file diff --git a/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.xml b/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.xml deleted file mode 100644 index 536d54361..000000000 --- a/data/tlg0540/tlg029/tlg0540.tlg029.perseus-eng1.xml +++ /dev/null @@ -1,146 +0,0 @@ - - - - - - Against Philocrates - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- In this action, gentlemen of - the jury, we have had more default of accusers than I expected. There were many persons who - made threats and declared that they would accuse Philocrates; but not one of them is - forthcoming at the moment. This fact, in my opinion, is a signal proof that the terms of the - writFor the recovery of money unlawfully withheld from - the State; cf. Lys. 9, For the Soldier. are - correct. For if the defendant were not in possession of a great part of Ergocles money, he - would not be so successful in getting rid of his accusers. But I expect, gentlemen, that you are all aware that the reason why you voted for the - death-sentence upon Ergocles was because his misappropriation of public funds had procured - him a fortune of more than thirty talents. Of that money not a sign is to be found in the - city. Yet whither should we turn, where are we to look, for the money? For if it cannot be - found in the hands of his relatives and the persons with whom he was most intimately - associated, we shall have a hard task to discover it in the hands of his enemies. And whom did Ergocles value more than Philocrates, or with what man - alive had he more intimate relations? Did he not pick him from amongst your infantry for - service abroad, and make him his purser, and finally appoint him to equip a warship? - How very strange that, whereas men of property lament - that they have to equip warships, this man, who was previously possessed of nothing, at that - time volunteered this public service! So it was not to penalize him that he appointed him to - equip a warship, but to let him profit by it and also keep guard over his own funds, since - he had nobody whom he could trust above this man. I - conceive, gentlemen of the jury, that Philocrates can defend himself in two ways, and in two - only: he must prove either that Ergocles’ money is held by others; or that he was put to - death unjustly, having embezzled none of your property, and having taken no bribes. If he - can do neither of these things, I say that his condemnation is decided, and also that, if - you are indignant with those who take money from other people, you ought not to pardon those - who are in possession of your own. Who in Athens does not know that - three talents were deposited for the speakers in aid of Ergocles, if they should succeed in - saving him? When they saw your wrath intent on vengeance, they kept quiet and did not dare - to expose themselves. Philocrates, when at first he failed to recover this money from them, - said that he would inform against them in public. But when - he had both got the money back and obtained control of the rest of the man’s property, he - had the audacity to procure witnesses who would support him by testifying that he was the - bitterest enemy on earth to Ergocles. Yet can you imagine, gentlemen, that he would have - been so utterly insane as to volunteer to equip a warship while Thrasybulus was in command - and Ergocles was on bad terms with him? How could he have come more swiftly by his ruin, or - have exposed himself more to maltreatment? Well now, enough has been said on those matters: but I call upon you - to vindicate yourselves and to be much more prompt to punish the guilty than to feel pity - for those who are keeping the property of the State. He will relinquish nothing that belongs - to him, but only restore what is your own; and a much larger amount will be left over for - him. And indeed it would be strange, gentlemen of the jury, - that you should be incensed with those who are unable to pay their contributions to the - special levies from their own means, and should confiscate their estates on the ground of - default, but yet should decline to punish those who are keeping your own property, when you - are not only to be deprived of your money but also to be more sorely troubled by their - enmity. For as long as they are conscious of keeping your - property they will never desist from their malignity towards you, since they will believe - that only the calamities of the city can relieve them of their embarrassments. I consider, gentlemen of the jury, - that the issue involved in his case ought to be not merely one of money, but that his life - also should be at stake. For it would be a strange thing, when those who connive with the - thieves in a private larceny are to be subject to the same penalty,Cf. Plat. Laws 12.955b. that this - man, conniving with Ergocles in a theft of the city’s property and receiving bribes at your - expense, should not incur the same punishment, but should win the fortune left by his - accomplice as a prize for his own wickedness. These men deserve your wrath, gentlemen of the - jury. For when Ergocles was on his trial, they went about - among the people saying that they had bribed five hundred of the Peiraeus party and sixteen - hundred of the party of the city. They professed to rely on their money rather than to fear - the results of their own misdeeds. Well, in that case you - plainly showed them,—and if you are well advised you will make it clear likewise to all men - today,—that there is no sum of money large enough to deflect you from the punishment of - those whom you may take in the act of wrongdoing, and that by no means will you permit them - to pillage and steal your property with impunity. This, - then, is the counsel that I give you. You all understand that Ergocles sailed out to make - money, not to gain credit with you, and that this man and no other is keeping his money. So - if you are prudent you will recover what is your own.

- - - - diff --git a/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.tracking.json b/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.tracking.json deleted file mode 100644 index 6f1492e1f..000000000 --- a/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.tracking.json +++ /dev/null @@ -1,14 +0,0 @@ -{ - "epidoc_compliant": false, - "fully_unicode": true, - "git_repo": "canonical-greekLit", - "has_cts_metadata": false, - "has_cts_refsDecl": false, - "id": "1999.01.0154", - "last_editor": "", - "note": "", - "src": "texts/Classics/Lysias/opensource/lys_eng.xml---subdoc---speech=30", - "status": "migrated", - "target": "canonical-greekLit/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.xml", - "valid_xml": true -} \ No newline at end of file diff --git a/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.xml b/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.xml deleted file mode 100644 index 3ba3902e3..000000000 --- a/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng1.xml +++ /dev/null @@ -1,291 +0,0 @@ - - - - - - Against Nicomachus - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- There have been cases, - gentlemen of the jury, of persons who, when brought to trial, have appeared to be guilty, - but who, on showing forth their ancestors’ virtues and their own benefactions, have obtained - your pardon. Since, therefore, you are satisfied with the plea of the defendants, if they - are shown to have done some service to the State, it is fair that you should also listen to - the accusers, if they show forth a long course of villainy in the accused. Now, to tell how Nicomachus’s father was a public slave,Owned by the State and employed in the police and other public - services. and what were the man’s own occupations in his youth, and at what age he - was admitted to his clan,A subdivision of the tribe, to - which admission was usually obtained in infancy. would be a lengthy affair: but - when he became a commissioner for transcribing the laws, it is common knowledge what - outrages he committed on the city. For whereas he had been instructed to transcribe the laws - of Solon within four months, he usurped the place of Solon as lawgiver, extended his office - over six years instead of four months, and day by day, in return for payment, he inserted - some laws and erased others. We were brought to such a pass - that we had our laws dispensed to us from his hands, and parties to suits produced opposite - laws in the courts, both sides asserting that they had obtained them from Nicomachus. When - the magistrates imposed summary fines on him, and brought him up in court, he refused to - hand over the laws: nay, the city was already involved in the gravest disasters, and still - he had not been relieved of his office, nor had submitted to an audit of his proceedings. - And observe, gentlemen, how, having suffered no - punishment for that conduct, he has now turned his new office to similar account: first, he - has been transcribing for four years, when he could have discharged his duty in thirty days; - and second, although he had definite orders as to the texts that he had to transcribe, he - assumed supreme authority over the whole code, and after handling more business than anyone - had ever done before he is the only person who has held office without submitting to an - audit. Everyone else, with each new presidency,Every 35 days the presidency of the Council and the Assembly - was taken over by a committee of 50 representatives of the 10 tribes. Magistrates on going - out of office submitted their accounts to a board of 10 auditors (λογισταί); appointed by the Council, and some minor officers - changed with each “presidency.”. renders an account of his office; but you, - Nicomachus, have not deigned to show your accounts for as much as four years; you, alone of - the citizens, claim licence to hold office for a lengthy period, without either submitting - to an audit, or obeying the decrees, or respecting the laws: you insert this, and erase - that, and carry insolence to such a pitch that you regard the State’s property as yours, who - are yourself its slave! It is your duty, therefore, - gentlemen of the jury, to remember what was the ancestry of Nicomachus, and also how - ungrateful has been his treatment of you with his illegal acts, and to punish him: so, since - you have not made him pay the penalty for each one of them, exact requital now, at any rate, - for them all. It may be, - gentlemen, that, failing to find a plea for his own defence, he will try to slander me: but - I would ask you only to credit this man’s account of my life when, on having to defend - myself, I fail to convict him of falsehood. If by chance he should venture on a repetition - of what he stated before the Council,—that I was one of the Four Hundred,—reflect that on - the basis of such statements as this the Four Hundred will number more than a thousand; for - on those who were still but children at that time, or were not residing here, this aspersion - is commonly cast by persons of slanderous intent. But for - my part, so far was I from being one of the Four Hundred that I was not even included in the - list of the Five Thousand. And I consider it monstrous that, although in a suit concerning - private contracts, had I convicted him as plainly as here of wrongdoing, he would not even - himself have expected to obtain an acquittal by resorting to such a defence, he now, on his - trial for matters of public interest, is to count on escaping punishment at your hands by - accusing me. Moreover, I - find it astonishing that Nicomachus should think fit to stir up resentment against others in - this criminal way, when I mean to prove that he hatched mischief against the people. And now - listen to me; for it is justifiable, gentlemen of the jury, to admit such accusations in the - case of men who, having combined at that time to subvert the democracy, would represent - themselves today as democrats. After the loss of our - ships,At Aegospotami, 405 B.C. when the revolution - was being arranged, CleophonSee Lys. - 13.7, note. reviled the Council, declaring that it was in conspiracyi.e., with the oligarchs. and was not seeking the best - interests of the State. Satyrus of Cephisia,An Attic - township about 9 miles north-east of Athens. one of the Council, persuaded them to arrest him and hand him - over to the court. Those who wished to do away with him, - fearing that they would fail of a death-sentence in the law-court, persuaded Nicomachus to - exhibit a law requiring the CouncilMainly consisting of - oligarchs, and so likely to condemn Cleophon. to partake in the trial as assessors. - And this man, the worst of villains, was so open in his support of the plot that on the day - of the trial he exhibited the law. Now against Cleophon, - gentlemen of the jury, one might have other accusations to urge; but one thing is admitted - on all sides,—that the subverters of the democracy desired to get him out of their way more - than any other of the citizens, and that Satyrus and Chremon, who were members of the - Thirty, accused Cleophon, not from any anger at your fate, but in order that, having put - that man to death, they might injure you themselves. And - they achieved their end because of the law which Nicomachus exhibited. Now you may - reasonably reflect, gentlemen,—even those of you who thought Cleophon to be a bad - citizen,—that, although among those who perished under the oligarchy there were perhaps one - or two villains, yet it was on account of even such sufferers that you were incensed against - the Thirty, as having put them to death, not for their crimes, but for motives of party. - If, therefore, he tries to rebut this charge, you have - merely to remember that he exhibited the law at that very moment when the revolution was - being effected, with the aim of gratifying those who had subverted the democracy; and that - he included as assessors at the trial that Council in which Satyrus and Chremon had the - chief influence, and which put to death Strombichides,See - Lys. 13.13, note. Calliades and a number of loyal and - upright citizens. I should - have made no reference to these events had I not learnt that he was going to attempt, by - posing as a democrat, to save himself in despite of justice, and that he would produce his - exile as a proof of his attachment to the people. But I on my part could point out others - among those who combined to subvert the democracy who were either put to death or exiled and - debarred from the citizenship, so that he cannot expect to - get any credit on that account. For while this man did contribute his share to your exile, - he owed his return to you, the people. And besides, it would be monstrous if you should feel - grateful to him for what he underwent against his will, but should exact no requital for his - voluntary offences. I am - informed that he alleges that I am guilty of impiety in seeking to abolish the sacrifices. - But if it were I who were law-making over this transcription of our code, I should take it - to be open to Nicomachus to make such a statement about me. But in fact I am merely claiming - that he should obey the code established and patent to allThe speaker seems to mean: “If I, like Nicomachus, were using the opportunities of a - transcriber for the purpose of unauthorized ‘law-making,’ he might reasonably accuse me of - some such innovation as ‘abolishing sacrifices’; whereas I merely demand that he should - adhere to the established code, about which there is no doubt or secrecy.”; and I - am surprised at his not observing that, when he taxes me with impiety for saying that we - ought to perform the sacrifices named in the tablets and pillars as directed in the - regulations, he is accusing the city as well: for they are what you have decreed. And then, - sir, if you feel these to be hard words, surely you must attribute grievous guilt to those - citizens who used to sacrifice solely in accordance with the tablets. But of course, gentlemen of the jury, we are not to be instructed in piety - by Nicomachus, but are rather to be guided by the ways of the past. Now our ancestors, by - sacrificing in accordance with the tablets, have handed down to us a city superior in - greatness and prosperity to any other in Greece; so - that it behoves us to perform the same sacrifices as they did, if for no other reason than - that of the success which has resulted from those rites. And how could a man show greater piety than mine, when I demand, first that our sacrifices - be performed according to our ancestral rules, and second that they be those which tend to - promote the interests of the city, and finally those which the people have decreed and which - we shall be able to afford out of the public revenue? But you, Nicomachus, have done the - opposite of this: by entering in your copy a greater number than had been ordained you have - caused the public revenue to be expended on these, and hence to be deficient for our - ancestral offerings. For example, last year some - sacrifices, costing three talents, were in abeyance, though they were among those inscribed - on the tablets. And it cannot be said that the revenues of the State were insufficient; for - if this man had not entered sacrifices to an excess amounting to six talents, there would - have been enough for our ancestral offerings, and moreover the State would have had a - surplus of three talents. In support of these statements I will add the evidence of - witnesses. - Reflect, therefore, - gentlemen of the jury, that when we proceed in accordance with the regulations, all the - ancestral offerings are made; but when we are guided by the pillars as copied by this man, - numerous rites are abolished.i.e., some of the “ancestral - rites” are dropped because the necessary funds have to be spent on the rites that he has - foisted into the code. Whereupon the sacrilegious wretch runs about saying that his - transcription was piety and not parsimony, and that if you do not approve of his work you - had better erase it: by this means he thinks to persuade you of his innocence. Yet in two - years he has managed to spend twelve talents more than was necessary, and has endeavored to mulct the State in a sum of six talents each - year,—and that too when he saw her in difficulties for money, the Lacedaemonians threatening - us if we failed to remit them their payments, the Boeotians taking reprisals because we - could not refund two talents, and the shipping sheds and the walls falling to pieces; when - he knew that the Council for the time being is not led into error if it has sufficient means - for the administration, but is forced in a time of difficulty to accept impeachments, to - confiscate the property of our citizens, and to be swayed by the most unprincipled of its - orators! You ought therefore, gentlemen, to be incensed, - not with those who happen to be on the Council, but with those who reduce the State to these - awful straits. And the men who seek to rob the public purse are watching closely to see how - Nicomachus will fare in these proceedings. If you do not punish him, you will grant them - absolute licence; but if you condemn him and award him your heaviest sentence, by the same - vote you will reform the rest, and will have done justice upon this man. Understand, gentlemen of the jury, that it will be an example to the rest, - and will deter them from committing offences against you, if instead of punishing unskillful - speakers you exact requital from the skillful. And from whom amongst our citizens could it - be more suitably exacted than from Nicomachus? Who has rendered less service or done more - wrong to the city? Appointed to transcribe our code of - duties, secular and sacred, he has offended against both. Remember that ere now you have put - many of the citizens to death for peculation: yet the injury that they had done you was only - for the passing moment, whereas these men,The speaker - enlarges the crime of the accused by suggesting that there are others practicing or - attempting the same thing. by taking bribes for the version that they made of our - laws, damage the city for all time. And what reason is there for acquitting this man? Because he has taken a - brave man’s part in many battles by land and sea against the enemy? But while you were - facing danger on naval expeditions, this man stayed at home and corrupted the laws of Solon. - Or because he has disbursed money and contributed to numerous levies? But, so far from - bestowing anything of his own upon you, he has embezzled a vast amount of your property. Or - because of his ancestors? For this has been a reason in - the past for some men obtaining your pardon. But if this man deserves to be put to death on - his own account, he ought to be sold on account of his ancestors.Being of servile birth, he has no right to the citizenship, and should be sold - in the slave-market. Or is it that, if you spare him now, he will repay your - favours hereafter? He does not even remember the benefits in which you allowed him to share - before. And yet from a slave he has become a citizen, and - has exchanged beggary for wealth and the position of under-clerk for that of lawgiver! And - here one might even make it an accusation against you that, whereas your ancestors chose as - lawgivers Solon, Themistocles and Pericles, in the belief that the laws would accord with - the character of their makers, you have chosen Teisamenus,Who proposed the decree that the laws should be revised. son of Mechanion, and - Nicomachus, and other persons who were under-clerks; and although you feel that the - magistracy is depraved by people of this sort, it is just these men who have your - confidence. Most extraordinary of all, though it is not - permissible for the same man to act twice as under-clerk to the same magistracy, you - authorize the same persons to have control over the most important affairs for a long - period. And, to crown all, you have chosen Nicomachus for the transcription of our ancestral - rites, when on the father’s side he has no connection with the State; and the man who ought to have been tried by the people is found to have - joined in destroying the people. Today, therefore, you must repent of the things that you - have done, and refuse to endure continual maltreatment from these men. You reprobate the - guilty in private: do not acquit them when you are free to punish them. On these matters I have now said enough: - but in regard to those who propose to beg him off I would make to you a few remarks. Some of - his friends and some members of the government have arranged to intercede for him: several - of them, in my opinion, ought much rather to defend their own acts than engage to save the - guilty. But it seems to me an extraordinary thing, - gentlemen of the jury, that, when he was but one man, in no way wronged by the State, they - made no attempt at requiring him to desist from his offences against you, but should seek to - persuade you, who are so many and have been wronged by him, that you should not do justice - upon him. You ought therefore to show on your part the - same zeal, with which you see them working to save their friends, in punishing your enemies, - fully assured that they will be the first to think the better of you for exacting the - penalty from the guilty. Reflect that not a single one of those who will plead for him has - done as much service as this man has done wrong to the State, and that therefore it is much - more your duty to punish than it is theirs to succor. You - must also know for certain that these same men have plied the prosecution with many appeals, - but have utterly failed to persuade us: it is to make a base attempt on your vote that they - have entered the court, and they are hoping to deceive you, and so obtain licence to act as - they please in the future. Now we, having refused to be - swayed by the inducements of their appeal, exhort you to show the same spirit and, instead - of merely detesting wickedness before it is brought to trial, to make this trial your means - of punishing those who nullify your legislation. For thus everything connected with public - affairs will be administered in accordance with the laws.

- - - - diff --git a/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng2.xml b/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng2.xml index b0569f5f5..06252b9ce 100644 --- a/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng2.xml +++ b/data/tlg0540/tlg030/tlg0540.tlg030.perseus-eng2.xml @@ -116,9 +116,9 @@

And how could a man show greater piety than mine, when I demand, first that our sacrifices be performed according to our ancestral rules, and second that they be those which tend to promote the interests of the city, and finally those which the people have decreed and which we shall be able to afford out of the public revenue? But you, Nicomachus, have done the opposite of this: by entering in your copy a greater number than had been ordained you have caused the public revenue to be expended on these, and hence to be deficient for our ancestral offerings.

-

For example, last year some sacrifices, costing three talents, were in abeyance, though they were among those inscribed on the tablets. And it cannot be said that the revenues of the State were insufficient; for if this man had not entered sacrifices to an excess amounting to six talents, there would have been enough for our ancestral offerings, and moreover the State would have had a surplus of three talents. In support of these statements I will add the evidence of witnesses.

+

For example, last year some sacrifices, costing three talents, were in abeyance, though they were among those inscribed on the tablets. And it cannot be said that the revenues of the State were insufficient; for if this man had not entered sacrifices to an excess amounting to six talents, there would have been enough for our ancestral offerings, and moreover the State would have had a surplus of three talents. In support of these statements I will add the evidence of witnesses.

-

+

Reflect, therefore, gentlemen of the jury, that when we proceed in accordance with the regulations, all the ancestral offerings are made; but when we are guided by the pillars as copied by this man, numerous rites are abolished.i.e., some of the “ancestral rites” are dropped because the necessary funds have to be spent on the rites that he has foisted into the code. Whereupon the sacrilegious wretch runs about saying that his transcription was piety and not parsimony, and that if you do not approve of his work you had better erase it: by this means he thinks to persuade you of his innocence. Yet in two years he has managed to spend twelve talents more than was necessary,

and has endeavored to mulct the State in a sum of six talents each year,—and that too when he saw her in difficulties for money, the Lacedaemonians threatening us if we failed to remit them their payments, the Boeotians taking reprisals because we could not refund two talents, and the shipping sheds and the walls falling to pieces; when he knew that the Council for the time being is not led into error if it has sufficient means for the administration, but is forced in a time of difficulty to accept impeachments, to confiscate the property of our citizens, and to be swayed by the most unprincipled of its orators!

diff --git a/data/tlg0540/tlg031/tlg0540.tlg031.perseus-eng1.xml b/data/tlg0540/tlg031/tlg0540.tlg031.perseus-eng1.xml deleted file mode 100644 index b50500a0a..000000000 --- a/data/tlg0540/tlg031/tlg0540.tlg031.perseus-eng1.xml +++ /dev/null @@ -1,264 +0,0 @@ - - - - - - Against Philon - Lysias - Perseus Project, Tufts University - Gregory Crane - - Prepared under the supervision of - Lisa Cerrato - William Merrill - Elli Mylonas - David Smith - - The Annenberg CPB/Project - - - - Trustees of Tufts University - Medford, MA - Perseus Project - - - - - - - Lysias - Lysias with an English translation by W.R.M. Lamb, M.A. - - - Cambridge, MA, Harvard University Press; London, William Heinemann - Ltd. - 1930 - - - - - - - - - - - - - - - English - Greek - - - - - edited markup - - - - -

- I did not suppose, gentlemen - of the Council, that Philon would ever carry audacity to the point of consenting to appear - before you in order to pass a scrutiny. But since he is audacious, not in one instance only, - but in many, and I have taken oath before entering the Council-chamber that my counsel would be for the best advantage of the State, and as the - terms of that oath require us to expose any person appointed by lot whom we know to be - unsuitable for service on the Council, I shall deliver the accusation against this man - Philon: I am not, however, pursuing any private feud, nor am I prompted by my ability or - practice in speaking before you, but I merely rely on the multitude of his offences, and - feel bound to abide by the oaths that I have sworn. Now you - will recognize that the contest will be an unequal one: my resources will not be so ample - for showing up his character as his were for contriving his villainies. Nevertheless, if I - should not altogether discharge my part in speaking to the accusation, it would not be right - that he should benefit by that, but rather that he should be rejected on the score of any - points that I can demonstrate to your satisfaction. For my - speech will be found defective only on account of my imperfect acquaintance with the whole - of his actions, but adequate on account of the vileness of all his ways. And I also call - upon those among you who may have more ability in speaking than I to amplify my exposure of - his offences, and to make use of any points that I omit for accusing Philon, in your turn, - of offences known to you. For it is not from my sole statement that you ought to form your - views of his character. What - I say is that only those have the right to sit in Council on our concerns who, besides - holding the citizenship, have their hearts set upon it. For to them it makes a great - difference whether this city is prosperous or unsuccessful, because they consider themselves - obliged to bear their share in her calamities as they also share in her advantages. - But those who, though citizens by birth, adopt the view - that any country in which they have their business is their fatherland, are evidently men - who would even abandon the public interest of their city to seek their private gain, because - they regard their fortune, not the city, as their fatherland. Now I will demonstrate that Philon here has set his private safety above - the public danger of the city, and has held it preferable to pass his life without danger to - himself rather than save the city by sharing her dangers with the rest of the citizens. - For this man, gentlemen of - the Council, in the midst of the city’s disaster (which I only touch upon so far as I am - forced to do so), was banned from the town by the Thirty along with the main body of the - citizens, and for a while he lived in the country: but when the party of Phyle returned to - the Peiraeus, and the people, not only from the country, but from over the border, assembled - together, partly in the town and partly in the Peiraeus, and when each to the extent of his - powers came to the rescue of his fatherland, Philon’s conduct was the opposite of that shown - by the rest of the citizens. For he packed up all his - belongings and left the city to live beyond the border, at Oropus, where he paid the aliensÕ - tax and resided under the protection of a patron, since he preferred the life of an alien - among those people to citizenship with us. And so he would not even do as some citizens did, - who turned about when they saw the party of Phyle succeeding in their efforts; he did not - even think fit to take any share in these successes, but chose to come when the business was - achieved rather than join in the return after achieving something for the advantage of the - common wealth. For he did not come to the Peiraeus, nor is there any instance of his having - placed himself at your disposal. But I ask you, if on - seeing us successful he did not shrink from betraying us, what must he have done to us, had - we failed of our object? Now those who were prevented by private calamities from sharing the - dangers that then beset the city deserve some indulgence: for misfortune befalls no man of - his own will. But those who acted thus by design merit no - indulgence, since their conduct was due not to mishap, but to policy. It is a custom - accepted as just among all mankind that in face of the same crimes we should be most - incensed with those men who are most able to avoid criminal action, but should be indulgent - to the poor or disabled because we regard their offences as involuntary. This man, therefore, deserves no indulgence; for neither was he disabled - and thus unfit for hardship, as you see for yourselves, nor did he lack means for the public - services, as I shall establish. If, then, he was as backward as he was able to help, how - should he not hated with good reason by you all? Nor - indeed will you incur the enmity of any of the citizens if you reject him; for it is by no - means one party, but both, that he has manifestly betrayed, so that he can claim friendship - neither with those who were in the town (for he did not think fit to stand by them in their - peril), nor with those who occupied the Peiraeus, since he did not consent to return even - with them; and that, too, when he was, as he asserts, a townsman!The text here is very doubtful. The meaning seems to be that he claims to be a - citizen in the fullest sense, yet has not shown any of the feelings of a citizen. He and - any associates of his are utterly disloyal. - But if there yet remains a party of the citizens that had - a share in his proceedings, if ever—may Heaven forfend it!—they get the city into their - hands, let him claim his seat on the Council with them.Well, - that he lived at Oropus under the protection of a patron, that he possessed ample means, and - yet stood to arms neither in the Peiraeus nor in the town, are my first contentions: to make - sure of their truth, hear the witnesses. - So now it remains for him - to state that owing to some infirmity that befell him he was incapacitated from assisting - the party in the Peiraeus, but that he offered to spend his own resources either in - contributing to the people’s funds or in arming some of his fellow-townsmen as infantry, - after the example of many other citizens who were unable to give their loyal services in - person. Now, to preclude him from deceiving you with lies, - I will give you clear information at once on these points also, since I shall not be at - liberty afterwards to come forward in this place and expose him. Please call Diotimus of - AcharnaeThe principal township of Attica, 7 miles north of Athens. and those who were appointed with him to arm the townsmen as - infantry from the funds then contributed. - - So this man had no - intention of aiding the city in such a moment, in such a position of her affairs; his - purpose was to make a profit out of your disasters. For he set out from Oropus, going - sometimes alone and sometimes at the head of others who took your misfortunes as so much - good fortune, and so traversed the countryside: where he - met with the most elderly citizens who had stayed behind in their townships with scanty - supplies that barely sufficed them,—men who were attached to the democracy, but unable owing - to their age to give it their support,—he stripped them of their resources, thinking it more - important to make his own petty gains than to spare them injury. It is not possible for all - these to prosecute him today, from the very same cause that disabled them from supporting - the city: yet this man ought not to benefit twice from - their disability, and be helped thereby to pass your present scrutiny as he was before to - rob them of what they had. Nay, if but a single one of those whom he has wronged appears in - court, make much of it, and utterly detest this man, who could bring himself to strip of - their resources those on whom other men, out of pity for their straits, freely bestowed - something from their own. Pray call the witnesses. - Well now, I do not see how - your judgement of him should differ from that of his own people; for the facts are of such a - nature that, even if he had committed no other offence, they would alone justify his - rejection. The strange things of which his mother accused him while she was alive I will - pass over; but on the evidence of the measures that she took at the close of her life you - can easily judge how he treated her. She demurred to - committing herself to his care after her death, but as she had confidence in Antiphanes, who - was no connection of hers, she gave him three minae of silver for her burial, ignoring this - man, who was her own son. Obviously, of course, she was convinced that he would not perform - the last duties even on the ground of his relationship. Now I ask you, if a mother,—who is naturally most willing to tolerate even an injury at - the hands of her own children, and who counts little benefits as great gains because she - assesses their behavior by affection rather than logic,—believed that this man would seek - his profit from her even in death, what should be your feeling about him? For when a man commits such offences in regard to his own relations, what - would he do in regard to strangers? To prove that these also are true facts, hear the - statement of the actual person who received the money and buried her. - - What inducement, then, - could you have for approving this man? Because he has committed no offence ? But he is - guilty of the gravest crimes against his country. Or do you think he will reform? Then, I - say, let him reform first in his bearing towards the city, and claim a seat on the Council - later, when he has done her a service as signal as the wrong that he did her before. The - saner course is to recompense everyone for his services after they have been performed; for - I consider it monstrous that for the offences which he has already committed he is never to - pay the penalty, but for the benefits which he intends to confer he is to be already - possessed of honor. Or is it to make the citizens better - when they see all men honored alike,—is this why he is to be approved? But the danger is - that good men, when they observe that they and the bad are honored alike, will desist from - their good behavior, expecting that the same persons who honor the wicked may well be - forgetful of the virtuous. And this further point is - worthy of your attention,—that whereas anyone who had betrayed a fort or a ship or an army - which happened to have in it some part of our people, would be visited with the extreme - penalty, this man, who has betrayed the whole city, is planning not merely to escape - requital but even to obtain honor! But surely anyone who has betrayed liberty in the - flagrant manner of this man deserves to be faced with a judgement awarding him, not a seat - on the Council, but slavery and the heaviest punishment. He argues, so I am told, that, if it was a crime to - absent himself at that crisis, we should have had a law expressly dealing with it, as in the - case of all other crimes. He does not expect you to perceive that the gravity of the crime - was the reason why no law was proposed to deal with it. For what orator would ever have - conceived, or lawgiver have anticipated, that any of the citizens would be guilty of so - grave an offence? So, I suppose, if one should desert - one’s post when the city itself was not in danger, but was rather endangering another - people,i.e., we are to suppose, forsooth, that desertion - is a crime only when the city is so far from being in danger as to be at war with another - city. a law would have been made condemning that as a grievous crime; but if one - deserted the city itself when the city itself was in danger, we should have had no law - against this! Certainly we should, if there had been a thought that any of the citizens - would ever commit such a crime. Not a man but would have - reason to rebuke you, gentlemen, if, after honoring in a manner worthy of the city our - resident aliens for having supported the democracy beyond the requirements of their duty, - you are not going to inflict on this man, for having betrayed the city in violation of his - duty, if not some heavier punishment of another kind, at least the dishonor which you hold - over him today. Recall to your minds what reason you can - have for honoring those who have proved themselves good servants of the State and for - dishonoring those who serve her ill. In either case the distinction has been made not so - much for the sake of those who have come into the world, as of those who are yet to come, in - order that they may strive to become worthy by studious effort, and in no single direction - may attempt to be base. Reflect, moreover, on this: what - kind of oaths do you think he would regard, when by his act he has betrayed his ancestral - gods? Or how could he give good counsel on our State affairs, when he did not even desire to - liberate his country? Or what secrets would he keep, when he did not even choose to obey - public orders? How can it be suitable that this man, who was not even the last to come at - the call of danger, should be placed in front of those who achieved our success to receive - this honor today? It would be deplorable if he, who accounted the whole body of our citizens - as nothing, should not in his single person be disqualified by you. I see certain persons who are preparing today to support him and to plead - with you, since they were not able to seduce me; but in those days of your dangers and - sorest struggles, when the constitution itself was at stake and you had to contend not - merely for seats on the Council but for freedom itself, they did not plead with him then to - support both you and the commonwealth, and to betray neither his country nor the Council, to - which he now demands admission without any right, since our success was achieved by others. - He alone, gentlemen of the Council, will have no fair - cause for complaint if he is not admitted: for it is not you who are debarring him from - honor today; it is he who deprived himself of it, at the time when he declined to come, with - a zeal such as brings him now for the drawing of the lots, to take his stand with you then - as a champion of the Council. I believe that what I have said is sufficient; and yet there are many things - that I have omitted. But I am confident that even without these you will make for yourselves - the decision that is best for the city. To judge of those who are worthy to sit on the - Council you need no other test than yourselves and the civic character which enabled you to - pass your own scrutiny. For this man’s conduct sets up a standard that is novel and foreign - to all democracy.

- - - - diff --git a/data/tlg0540/tlg031/tlg0540.tlg031.perseus-eng2.xml b/data/tlg0540/tlg031/tlg0540.tlg031.perseus-eng2.xml new file mode 100644 index 000000000..d04d8bf5e --- /dev/null +++ b/data/tlg0540/tlg031/tlg0540.tlg031.perseus-eng2.xml @@ -0,0 +1,156 @@ + + + + + + + Against Philon + Lysias + Perseus Project, Tufts University + Gregory Crane + + Prepared under the supervision of + Lisa Cerrato + William Merrill + Elli Mylonas + David Smith + + The Annenberg CPB/Project + + + + Trustees of Tufts University + Medford, MA + Perseus Project + + + + + + + Lysias + Lysias with an English translation by W.R.M. Lamb, M.A. + + + Cambridge, MA, Harvard University Press; London, William Heinemann + Ltd. + 1930 + + + + + + + + + +

This pointer pattern extracts section

+ + + + + + + English + Greek + + + + EpiDoc and CTS conversion + edited markup + split composite text and converted to unicode + fixed the notes and regularized tagging capitalization; combined the two Lysias files + checkmark + revise markup + + + + + +
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+I did not suppose, gentlemen of the Council, that Philon would ever carry audacity to the point of consenting to appear before you in order to pass a scrutiny. But since he is audacious, not in one instance only, but in many, and I have taken oath before entering the Council-chamber

+ +

that my counsel would be for the best advantage of the State, and as the terms of that oath require us to expose any person appointed by lot whom we know to be unsuitable for service on the Council, I shall deliver the accusation against this man Philon: I am not, however, pursuing any private feud, nor am I prompted by my ability or practice in speaking before you, but I merely rely on the multitude of his offences, and feel bound to abide by the oaths that I have sworn.

+ +

Now you will recognize that the contest will be an unequal one: my resources will not be so ample for showing up his character as his were for contriving his villainies. Nevertheless, if I should not altogether discharge my part in speaking to the accusation, it would not be right that he should benefit by that, but rather that he should be rejected on the score of any points that I can demonstrate to your satisfaction.

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For my speech will be found defective only on account of my imperfect acquaintance with the whole of his actions, but adequate on account of the vileness of all his ways. And I also call upon those among you who may have more ability in speaking than I to amplify my exposure of his offences, and to make use of any points that I omit for accusing Philon, in your turn, of offences known to you. For it is not from my sole statement that you ought to form your views of his character.

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+What I say is that only those have the right to sit in Council on our concerns who, besides holding the citizenship, have their hearts set upon it. For to them it makes a great difference whether this city is prosperous or unsuccessful, because they consider themselves obliged to bear their share in her calamities as they also share in her advantages.

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But those who, though citizens by birth, adopt the view that any country in which they have their business is their fatherland, are evidently men who would even abandon the public interest of their city to seek their private gain, because they regard their fortune, not the city, as their fatherland.

+ +

Now I will demonstrate that Philon here has set his private safety above the public danger of the city, and has held it preferable to pass his life without danger to himself rather than save the city by sharing her dangers with the rest of the citizens.

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+For this man, gentlemen of the Council, in the midst of the city’s disaster (which I only touch upon so far as I am forced to do so), was banned from the town by the Thirty along with the main body of the citizens, and for a while he lived in the country: but when the party of Phyle returned to the Peiraeus, and the people, not only from the country, but from over the border, assembled together, partly in the town and partly in the Peiraeus, and when each to the extent of his powers came to the rescue of his fatherland, Philon’s conduct was the opposite of that shown by the rest of the citizens.

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For he packed up all his belongings and left the city to live beyond the border, at Oropus, where he paid the aliensÕ tax and resided under the protection of a patron, since he preferred the life of an alien among those people to citizenship with us. And so he would not even do as some citizens did, who turned about when they saw the party of Phyle succeeding in their efforts; he did not even think fit to take any share in these successes, but chose to come when the business was achieved rather than join in the return after achieving something for the advantage of the common wealth. For he did not come to the Peiraeus, nor is there any instance of his having placed himself at your disposal.

+ +

But I ask you, if on seeing us successful he did not shrink from betraying us, what must he have done to us, had we failed of our object? Now those who were prevented by private calamities from sharing the dangers that then beset the city deserve some indulgence: for misfortune befalls no man of his own will.

+ +

But those who acted thus by design merit no indulgence, since their conduct was due not to mishap, but to policy. It is a custom accepted as just among all mankind that in face of the same crimes we should be most incensed with those men who are most able to avoid criminal action, but should be indulgent to the poor or disabled because we regard their offences as involuntary.

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This man, therefore, deserves no indulgence; for neither was he disabled and thus unfit for hardship, as you see for yourselves, nor did he lack means for the public services, as I shall establish. If, then, he was as backward as he was able to help, how should he not hated with good reason by you all?

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Nor indeed will you incur the enmity of any of the citizens if you reject him; for it is by no means one party, but both, that he has manifestly betrayed, so that he can claim friendship neither with those who were in the town (for he did not think fit to stand by them in their peril), nor with those who occupied the Peiraeus, since he did not consent to return even with them; and that, too, when he was, as he asserts, a townsman!The text here is very doubtful. The meaning seems to be that he claims to be a citizen in the fullest sense, yet has not shown any of the feelings of a citizen. He and any associates of his are utterly disloyal.

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But if there yet remains a party of the citizens that had a share in his proceedings, if ever—may Heaven forfend it!—they get the city into their hands, let him claim his seat on the Council with them. +Well, that he lived at Oropus under the protection of a patron, that he possessed ample means, and yet stood to arms neither in the Peiraeus nor in the town, are my first contentions: to make sure of their truth, hear the witnesses.

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+So now it remains for him to state that owing to some infirmity that befell him he was incapacitated from assisting the party in the Peiraeus, but that he offered to spend his own resources either in contributing to the people’s funds or in arming some of his fellow-townsmen as infantry, after the example of many other citizens who were unable to give their loyal services in person.

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Now, to preclude him from deceiving you with lies, I will give you clear information at once on these points also, since I shall not be at liberty afterwards to come forward in this place and expose him. Please call Diotimus of AcharnaeThe principal township of Attica, 7 miles north of Athens. and those who were appointed with him to arm the townsmen as infantry from the funds then contributed.

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+So this man had no intention of aiding the city in such a moment, in such a position of her affairs; his purpose was to make a profit out of your disasters. For he set out from Oropus, going sometimes alone and sometimes at the head of others who took your misfortunes as so much good fortune, and so traversed the countryside:

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where he met with the most elderly citizens who had stayed behind in their townships with scanty supplies that barely sufficed them,—men who were attached to the democracy, but unable owing to their age to give it their support,—he stripped them of their resources, thinking it more important to make his own petty gains than to spare them injury. It is not possible for all these to prosecute him today, from the very same cause that disabled them from supporting the city:

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yet this man ought not to benefit twice from their disability, and be helped thereby to pass your present scrutiny as he was before to rob them of what they had. Nay, if but a single one of those whom he has wronged appears in court, make much of it, and utterly detest this man, who could bring himself to strip of their resources those on whom other men, out of pity for their straits, freely bestowed something from their own. Pray call the witnesses.

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+Well now, I do not see how your judgement of him should differ from that of his own people; for the facts are of such a nature that, even if he had committed no other offence, they would alone justify his rejection. The strange things of which his mother accused him while she was alive I will pass over; but on the evidence of the measures that she took at the close of her life you can easily judge how he treated her.

+ +

She demurred to committing herself to his care after her death, but as she had confidence in Antiphanes, who was no connection of hers, she gave him three minae of silver for her burial, ignoring this man, who was her own son. Obviously, of course, she was convinced that he would not perform the last duties even on the ground of his relationship.

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Now I ask you, if a mother,—who is naturally most willing to tolerate even an injury at the hands of her own children, and who counts little benefits as great gains because she assesses their behavior by affection rather than logic,—believed that this man would seek his profit from her even in death, what should be your feeling about him?

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For when a man commits such offences in regard to his own relations, what would he do in regard to strangers? To prove that these also are true facts, hear the statement of the actual person who received the money and buried her.

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+What inducement, then, could you have for approving this man? Because he has committed no offence ? But he is guilty of the gravest crimes against his country. Or do you think he will reform? Then, I say, let him reform first in his bearing towards the city, and claim a seat on the Council later, when he has done her a service as signal as the wrong that he did her before. The saner course is to recompense everyone for his services after they have been performed; for I consider it monstrous that for the offences which he has already committed he is never to pay the penalty, but for the benefits which he intends to confer he is to be already possessed of honor.

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Or is it to make the citizens better when they see all men honored alike,—is this why he is to be approved? But the danger is that good men, when they observe that they and the bad are honored alike, will desist from their good behavior, expecting that the same persons who honor the wicked may well be forgetful of the virtuous.

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And this further point is worthy of your attention,—that whereas anyone who had betrayed a fort or a ship or an army which happened to have in it some part of our people, would be visited with the extreme penalty, this man, who has betrayed the whole city, is planning not merely to escape requital but even to obtain honor! But surely anyone who has betrayed liberty in the flagrant manner of this man deserves to be faced with a judgement awarding him, not a seat on the Council, but slavery and the heaviest punishment.

+ +

+He argues, so I am told, that, if it was a crime to absent himself at that crisis, we should have had a law expressly dealing with it, as in the case of all other crimes. He does not expect you to perceive that the gravity of the crime was the reason why no law was proposed to deal with it. For what orator would ever have conceived, or lawgiver have anticipated, that any of the citizens would be guilty of so grave an offence?

+ +

So, I suppose, if one should desert one’s post when the city itself was not in danger, but was rather endangering another people,i.e., we are to suppose, forsooth, that desertion is a crime only when the city is so far from being in danger as to be at war with another city. a law would have been made condemning that as a grievous crime; but if one deserted the city itself when the city itself was in danger, we should have had no law against this! Certainly we should, if there had been a thought that any of the citizens would ever commit such a crime.

+ +

Not a man but would have reason to rebuke you, gentlemen, if, after honoring in a manner worthy of the city our resident aliens for having supported the democracy beyond the requirements of their duty, you are not going to inflict on this man, for having betrayed the city in violation of his duty, if not some heavier punishment of another kind, at least the dishonor which you hold over him today.

+ +

Recall to your minds what reason you can have for honoring those who have proved themselves good servants of the State and for dishonoring those who serve her ill. In either case the distinction has been made not so much for the sake of those who have come into the world, as of those who are yet to come, in order that they may strive to become worthy by studious effort, and in no single direction may attempt to be base.

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Reflect, moreover, on this: what kind of oaths do you think he would regard, when by his act he has betrayed his ancestral gods? Or how could he give good counsel on our State affairs, when he did not even desire to liberate his country? Or what secrets would he keep, when he did not even choose to obey public orders? How can it be suitable that this man, who was not even the last to come at the call of danger, should be placed in front of those who achieved our success to receive this honor today? It would be deplorable if he, who accounted the whole body of our citizens as nothing, should not in his single person be disqualified by you.

+ +

I see certain persons who are preparing today to support him and to plead with you, since they were not able to seduce me; but in those days of your dangers and sorest struggles, when the constitution itself was at stake and you had to contend not merely for seats on the Council but for freedom itself, they did not plead with him then to support both you and the commonwealth, and to betray neither his country nor the Council, to which he now demands admission without any right, since our success was achieved by others.

+ +

He alone, gentlemen of the Council, will have no fair cause for complaint if he is not admitted: for it is not you who are debarring him from honor today; it is he who deprived himself of it, at the time when he declined to come, with a zeal such as brings him now for the drawing of the lots, to take his stand with you then as a champion of the Council.

+ +

+I believe that what I have said is sufficient; and yet there are many things that I have omitted. But I am confident that even without these you will make for yourselves the decision that is best for the city. To judge of those who are worthy to sit on the Council you need no other test than yourselves and the civic character which enabled you to pass your own scrutiny. For this man’s conduct sets up a standard that is novel and foreign to all democracy.

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+ + + +