From f6c1f44b63f197378a3ea40429ef266bdf60aa05 Mon Sep 17 00:00:00 2001 From: lcerrato Date: Thu, 11 May 2017 15:58:36 -0400 Subject: [PATCH] (tlg0540_english) converting 032-034 #409 --- .../tlg032/tlg0540.tlg032.perseus-eng2.xml | 147 ++++++++++++++++++ .../tlg033/tlg0540.tlg033.perseus-eng2.xml | 100 ++++++++++++ .../tlg034/tlg0540.tlg034.perseus-eng2.xml | 105 +++++++++++++ 3 files changed, 352 insertions(+) create mode 100644 data/tlg0540/tlg032/tlg0540.tlg032.perseus-eng2.xml create mode 100644 data/tlg0540/tlg033/tlg0540.tlg033.perseus-eng2.xml create mode 100644 data/tlg0540/tlg034/tlg0540.tlg034.perseus-eng2.xml diff --git a/data/tlg0540/tlg032/tlg0540.tlg032.perseus-eng2.xml b/data/tlg0540/tlg032/tlg0540.tlg032.perseus-eng2.xml new file mode 100644 index 000000000..c643de7c5 --- /dev/null +++ b/data/tlg0540/tlg032/tlg0540.tlg032.perseus-eng2.xml @@ -0,0 +1,147 @@ + + + + + + + Against Diogeiton + 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 + + + + + + + + + +

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+ + + 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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+If the matters in dispute were not important, gentlemen of the jury, I should never have allowed these persons to appear before you; for I regard a dispute with one’s relations as most disgraceful, and I know that you reprobate not merely those who are guilty of wrong, but also anyone who is unable to tolerate the sharp practice of a kinsman. But, gentlemen, since they have been robbed of a great sum of money and, after suffering numerous outrages from those who should have been the last to act in such a way, have sought refuge in me, their brother-in-law, I find it incumbent on me to speak for them.

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I am married to their sister, a child of Diogeiton’s daughter; and after many appeals I at first prevailed on both parties to submit the case to the arbitration of their friends, as I held it most desirable that their affairs should not be known to anyone else. But since Diogeiton would not allow himself to be advised by any of his own friends regarding the property which he was plainly convicted of holding, but preferred to be prosecuted, to sue against the validity of judgements, and to encounter the utmost risks, rather than do the just thing which would relieve him of all their complaints, I entreat you,

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if I prove that the guardianship of their grandfather has been conducted more disgracefully than any heretofore held in the city by persons who had no bond of relationship, to give them the support of justice: otherwise, believe this man entirely, and reprobate us henceforward. I will now try to inform you on the matter from the beginning.

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+Diodotus and Diogeiton, gentlemen of the jury, were brothers born of the same father and mother, and they had divided between them the personal estate, but held the real property in partnership. When Diodotus had made a large fortune in shipping business, Diogeiton induced him to marry the one daughter that he had, and two sons and a daughter were born to him.

+ +

Some time later, when Diodotus was enrolled for infantry service, he summoned his wife, who was his niece, and her father, who was also his father-in-law and his brother, and grandfather and uncle of the little ones, as he felt that owing to these connections there was nobody more bound to act justly by his children: he then gave him a will and five talents of silver in deposit;

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and he also produced an account of his loans on bottomry, amounting to seven talents and forty minaeand two thousand drachmae invested in the Chersonese.In Thrace. This sentence is evidently defective. He charged him, in case anything should happen to himself, to dower his wife and his daughter with a talent each, and to give his wife the contents of the room; he also bequeathed to his wife twenty minae and thirty staters of Cyzicus.See Lys. 12.11, note.

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Having made these arrangements and left duplicate deeds in his house, he went to serve abroad with Thrasyllus. He was killed at Ephesus409 B.C. Thrasyllus was one of the commanders who were executed after Arginusae, 406 B.C.: for a time Diogeiton concealed from his daughter the death of her husband, and took possession of the deeds which he had left under seal, alleging that these documents were needed for recovering the sums lent on bottomry.

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When at length he informed them of the death, and they had done what is customary,This comprised the lying in state, the burial or cremation, the funeral feast, sacrifices offered on the third and ninth days, and mourning with black garments and shaven heads for thirty days. they lived for the first year in the Peiraeus, as all their provisions had been left there. But when these began to give out, he sent up the children to the city, and gave their mother in marriage with a dowry of five thousand drachmae,—a thousand less than her husband had given her.

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Seven years later the elder of the boys was certified to be of ageIn his eighteenth year: cf. Lys. 10.31.; when Diogeiton summoned them, and said that their father had left them twenty minae of silver and thirty staters, adding,—“Now I have spent a great deal of my own money on your support: so long as I had the means, I did not mind; but at this moment I too am in difficulties myself. You, therefore, since you have been certified and have attained manhood, must henceforth contrive to provide for yourself.”

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On hearing these words they went away, aghast and weeping, to their mother, and brought her along with them to me. It was pitiful to see how they suffered from the blow: the poor wretches, turned out of doors, wept aloud and besought me not to allow them to be deprived of their patrimony and reduced to beggary by the last persons who ought to have committed this outrage upon them, but to give my best aid, for their sister’s sake as well as their own.

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+Of the mourning that filled my house at that time it would take long to tell. In the end, their mother implored and entreated me to assemble her father and friends together, saying that even though she had not before been accustomed to speak in the presence of men, the severity of their misfortunes would compel her to give us a full account of their hardships.

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I went first and expressed my indignation to Hegemon, the husband of this man’s daughter; I then discussed the matter with the other relations; and I called upon this man to allow his handling of the money to be investigated. Diogeiton at first refused, but finally he was compelled by his friends. When we held our meeting, the mother asked him what heart he could have, that he thought fit to take such measures with the children, “when you are their father’s brother,” she said, “and my father, and their uncle and grandfather.

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Even if you felt no shame before any man, you ought to have feared the gods. For you received from him, when he went on the expedition, five talents in deposit. I offer to swear to the truth of this on the lives of my children, both these and those since born to me, in any placei.e., in some temple. that you yourself may name. Yet I am not so abject, or so fond of money, as to take leave of life after perjuring myself on the lives of my own children, and to appropriate unjustly my father’s estate.”

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And she convicted him further of having recovered seven talents and four thousand drachmae of bottomry loans, and she produced the record of these; for she showed that in the course of his removal from CollytusA district to the north of the Acropolis. to the house of Phaedrus the children had happened upon the register, which had been mislaid, and had brought it to her.

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She also proved that he had recovered a hundred minae which had been lent at interest on land mortgages, besides two thousand drachmae and some furniture of great value; and that corn came in to them every year from the Chersonese.Where evidently the 2000 drachmae invested by Diodotus (see Lys. 32.6) brought in an annual supply of corn as interest.“After that,” she said, “you had the audacity to state, when you had so much money in your possession, that their father bequeathed them two thousand drachmae and thirty staters,—just the amount that was bequeathed to me, and that I gave you after his decease!

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And you thought fit to turn these, the children of your daughter, out of their own house, in worn-out clothes, without shoes or attendant or bedding or cloaks; without the furniture which their father bequeathed to them, and without the money which he had deposited with you.

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And now you are bringing up the children you have had by my step-mother in all the comforts of affluence; and you are quite right in that: but you are wronging mine, whom you ejected from the house in dishonor, and whom you are intent on turning from persons of ample means into beggars. And over proceedings of this sort you feel neither fear of the gods nor shame before me who am cognizant of the facts, nor are you mindful of your brother, but you put money before us all.”

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Thereupon, gentlemen of the jury, after hearing all the severe things spoken by the mother, the whole company of us there were so affected by this man’s conduct and by her statements,—when we saw how the children had been treated, and recalled the dead man to mind and how unworthy was the guardian he had left in charge of his estate, and reflected how hard it is to find a person who can be trusted with one’s affairs,—that nobody, gentlemen, among us there was able to utter a word: we could only weep as sadly as the sufferers, and go our ways in silence. +Now, first, will you come forward, witnesses, to support what I say.

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+Well, gentlemen of the jury, I ask that due attention be given to this reckoning, in order that you may take pity on the young people for the depth of their misfortune, and may consider that this man deserves the anger of everyone in the city. For Diogeiton is reducing all men to such a state of suspicion towards their fellows that neither living nor dying can they place any more confidence in their nearest relations than in their bitterest enemies;

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since he has had the face to deny one part of his debt and, after finally confessing to the rest, to make out a sum of seven talents of silver and seven thousand drachmae as receipts and expenses on account of two boys and their sister during eight years. So gross is his impudence that, not knowing how he should enter the sums spent, he reckoned for the viands of the two young boys and their sister five obols a dayAt this period the daily cost of food for an adult could be reckoned at one obol: in the present case, for the food (other than cereal) of three children, the charge of five obols is at least twice what it should be. A more reasonable scale is suggested by the speaker at Lys. 32.28 below.; for shoes, laundry and hairdressing he kept no monthly or yearly account, but he shows it inclusively, for the whole period, as more than a talent of silver.

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For the father’s tomb, though he did not spend twenty-five minae of the five thousand drachmae shown, he charges half this sum to himself, and has entered half against them.Having stated that the tomb cost 50 minae (5000 drachmae), he undertook to pay half of this himself, and charge the other half to the children’s estate: but this latter half covered the actual cost. Then for the Dionysia,Orphans’ estates were not required to contribute to the offerings at the State festivals. gentlemen of the jury,—I do not think it irrelevant to mention this also,—he showed sixteen drachmae as the price of a lamb, and charged eight of these drachmae to the children: this entry especially roused our anger.Here again the actual cost was probably no more than the half-share charged to the children. Here again the actual cost was probably no more than the half-share charged to the children. And so it is, gentlemen: in the midst of heavy losses the sufferers of wrong are sometimes wounded as much by little things; for these expose in so very clear a light the wickedness of the wrongdoer.

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Then for the other festivals and sacrifices he charged to their account an expenditure of more than four thousand drachmae; and he added a multitude of things which he counted in to make up his total, as though he had been named in the will as guardian of the children merely in order that he might show them accounts instead of money, and reduce them from wealth to utter poverty, and that they might forget whatever ancestral enemy they might have to wage war on their guardian for stripping them of their patrimony!

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But yet, had he wished to act justly by the children, he was free to act in accordance with the laws which deal with orphans for the guidance of incapable as well as capable guardians: he might have farmed out the estate and so got rid of a load of cares, or have purchased land and used the income for the children’s support; whichever course he had taken, they would have been as rich as anyone in Athens. But the fact is, in my opinion, that at no time has he had any notion of turning their fortune into real estate, but has meant to keep their property for himself, assuming that his own wickedness ought to be heir of the wealth of the deceased.

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Most monstrous of all, gentlemen of the jury, he asserts that in sharing with Alexis, son of Aristodicus, the service of equipping a warship, he paid a contribution of forty-eight minae, and has entered half of this against these orphan children, whom the State has not only exempted during their childhood, but has freed from all public services for a year after they have been certified to be of age. Yet he, their grandfather, illegally exacts from his daughter’s children one half of his expenses in equipping a warship!

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Again, he dispatched to the Adriatic a cargo of two talents’ value, and told their mother, at the moment of its sailing, that it was at the risk of the childrenIt was unlawful for a guardian to venture a ward’s money in bottomry, and the Adriatic was notoriously perilous for navigation.; but when it went safely through and the value was doubled,Hume (Essay on the Populousness of Ancient Nations) has remarked on the fact that a profit of 100 per cent on such a venture does not seem to have been thought extraordinary. He declared that the venture was his. But if he is to lay the losses to their charge, and keep the successful gains for himself, he will have no difficulty in making the account show on what the money has been spent, while he will find it easy to enrich himself from the money of others.

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To set the reckoning before you in detail, gentlemen of the jury, would be a lengthy affair; but when with some trouble I had got him to hand over the balance-sheet, in the presence of witnesses I asked Aristodicus, brother of Alexis,—the latter being now dead—whether he had the account for the equipment of a warship. He told me that he had, and we went to his house and found that Diogeiton had paid Alexis a contribution of twenty-four minae towards equipping the warship.

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But the expenditure that he showed was forty-eight minae, so that the children have been charged exactly the total of what he has spent.Again the whole of his actual contribution (24 minae) has been charged to the children’s estate, as a half-share of an exaggerated total. Now, what do you suppose he has done in cases of which nobody else has had cognizance, and where he managed the business alone, when in those which were conducted through others and of which information could easily be obtained he did not shrink from falsehood in mulcting his own daughter’s children to an amount of twenty-four minae? Please come forward, witnesses, in support of this.

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+You have heard the witnesses, gentlemen of the jury. I will now base my reckoning against him on the sum which he did eventually confess to holding,—seven talents and forty minae: not counting in any income, I will put down, as spent out of capital, a larger amount than anyone in the city has ever spent,—for two boys and their sister, an attendant and a maid, a thousand drachmae a year, a little less than three drachmae a day.Cf. a similar estate in Dem. 27.36.

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For eight years, that amounts to eight thousand drachmae; and we are left with a balance of six talents and twenty minae. For he will not be able to show that he has either had losses by pirates, or met with failure or paid off debts.

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diff --git a/data/tlg0540/tlg033/tlg0540.tlg033.perseus-eng2.xml b/data/tlg0540/tlg033/tlg0540.tlg033.perseus-eng2.xml new file mode 100644 index 000000000..f0dc05d44 --- /dev/null +++ b/data/tlg0540/tlg033/tlg0540.tlg033.perseus-eng2.xml @@ -0,0 +1,100 @@ + + + + + + + Olympic Oration + 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 + + + + + + + + + +

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+Among many noble feats, gentlemen, for which it is right to remember Heracles, we ought to recall the fact that he was the first, in his affection for the Greeks, to convene this contest. For previously the cities regarded each other as strangers.

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But he, when he had crushed despotism and arrested outrage, founded a contest of bodily strength, a challenge of wealth, and a display of intelligence in the fairest part of Greece, that we might meet together for all these enjoyments alike of our eyes and of our ears, because he judged that our assembly here would be a beginning of mutual amity amongst the Greeks.

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The project of it, then, was his; and so I have not come here to talk trivialities or to wrangle over words: I take that to be the business of utterly futile professors in straits for a livelihood; but I think it behoves a man of principle and civic worth to be giving his counsel on the weightiest questions, when I see Greece in this shameful plight, with many parts of her held subject by the foreigner, and many of her cities ravaged by despots.Cf. Lys. 2.59.

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Now if these afflictions were due to weakness, it would be necessary to acquiesce in our fate: but since they are due to faction and mutual rivalry, surely we ought to desist from the one and arrest the other, knowing that, if rivalry befits the prosperous, the most prudent views befit people in a position like ours.

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For we see both the gravity of our dangers and their imminence on every side: you are aware that empire is for those who command the sea, that the KingArtaxerxes II., who reigned 405-362 B.C. has control of the money, that the Greeks are in thrall to those who are able to spend it, that our master possesses many ships, and that the despot of SicilyDionysius I of Syracuse, who reigned 405-367 B.C. has many also.

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We ought therefore to relinquish our mutual warfare, and with a single purpose in our hearts to secure our salvation; to feel shame for past events and fear for those that lie in the future, and to compete with our ancestors, by whom the foreigner, in grasping at the land of others, was deprived of his own, and who expelled the despots and established freedom for all in common.

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But I wonder at the Lacedaemonians most of all: what can be their policy in tolerating the devastation of Greece, when they are leaders of the Greeks by the just claims alike of their inborn valor and their martial science, and when they alone have their dwelling-places unravaged though unwalled and, strangers to faction and defeat, observe always the same rules of life? Wherefore it may be expected that the liberty they possess will never die, and that having achieved the salvation of Greece in her past dangers they are providing against those that are to come.

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Now the future will bring no better opportunity than the present. We ought to view the disasters of those who have been crushed, not as the concern of others, but as our own: let us not wait for the forces of both our foes to advance upon ourselves, but while there is yet time let us arrest their outrage.

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For who would not be mortified to see how they have grown strong through our mutual warfare? Those incidents, no less awful than disgraceful, have empowered our dire oppressors to do what they have done, and have hindered the Greeks from taking vengeance for their wrongs.

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diff --git a/data/tlg0540/tlg034/tlg0540.tlg034.perseus-eng2.xml b/data/tlg0540/tlg034/tlg0540.tlg034.perseus-eng2.xml new file mode 100644 index 000000000..cea437d68 --- /dev/null +++ b/data/tlg0540/tlg034/tlg0540.tlg034.perseus-eng2.xml @@ -0,0 +1,105 @@ + + + + + + + Against The Subversion of the Ancestral Constitution + 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 + + + + + + + + + +

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+At the very moment when we were supposing, men of Athens, that the disasters that have befallen her have left behind them sufficient reminders to the city to prevent even our descendants from desiring a change of constitution, these men are seeking to deceive us, after our grievous sufferings and our experience of both systems, with the selfsame decrees with which they have tricked us twice before.

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It is not at them that I wonder, but at you who listen to them, for being the most forgetful of mankind, or the readiest to suffer injury from such men as these; who shared by mere chance in the operations at the Peiraeus, but whose feelings were with the party of the town. What, I ask, was the object of returning from your exile, if by your votes you are to enslave yourselves?

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Now I, men of Athens, am not debarred on account either of means or of birth, but in both respects have the advantage of my opponents; and I consider that the only deliverance for the city is to let all Athenians share the citizenship. For when we possessed our walls, our ships, and money and allies, far from proposing to exclude any Athenian, we actually granted the right of marriage to the Euboeans.Normally the marriage tie was only recognized as between persons of Athenian birth. Shall we debar today even our existing citizens?

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No, if you will be advised by me; nor, after losing our walls, shall we denude ourselves of our forces,—large numbers of our infantry, our cavalry and our archers: for, if you hold fast to these, you will make your democracy secure, will be more victorious over your enemies, and will be more useful to your allies. You are well aware that in the previous oligarchies of our time it was not the possessors of land who controlled the city: many of them were put to death, and many were expelled from the city;

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and the people, after recalling them, restored your city to you, but did not venture to participate in it themselves. Thus, if you take my advice, you will not be depriving your benefactors, so far as you may, of their native land, nor be placing more confidence in words than in deeds, in the future than in the past, especially if you remember the champions of oligarchy, who in speech make war on the people,i.e., they pretend to be battling with the principle of democracy, but are really busy with robbery. but in fact are aiming at your property; and this they will acquire when they find you destitute of allies.

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+And then they ask us, when such is our plight, what deliverance there can be for the city, unless we do as the Lacedaemonians demand. But I call upon them to tell us what profit will accrue to the people if we obey their orders. If we do not, it will be far nobler to die fighting than to pass a manifest sentence of death upon ourselves.

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For I believe that if I can persuade you, the danger will be common to both sidesThere is probably a gap here in the text. +And I observe the same attitude in both the Argives and the Mantineans, each inhabiting their own land,—the former bordering on the Lacedaemonians, the latter dwelling near them; in the one case, their number is no greater than ours, in the other it is less than three thousand.

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For their enemies know that, often as they may invade the territories of these peoples, as often will they march out to oppose them under arms, so that they see no glory in the venture: if they should be victorious, they could not enslave them, and if they should be defeated, they must deprive themselves of the advantages that they already possess. The more they prosper, the less is their appetite for risk.

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We also, men of Athens, held these views, when we had command over the Greeks; and we deemed it a wise course to suffer our land to be ravaged without feeling obliged to fight in its defence. For our interest lay in neglecting a few things in order to conserve many advantages. But today, when the fortune of battle has deprived us of all these, and our native land is all that is left to us, we know that only this venture holds out hopes of our deliverance.

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But surely we ought to remember that heretofore, when we have gone to the support of others who were victims of injury, we have set up many a trophy over our foes on alien soil, and so ought now to act as valiant defenders of our country and of ourselves: let us trust in the gods, and hope that they will stand for justice on the side of the injured.

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Strange indeed would it be, men of Athens, if after fighting the Lacedaemonians, in the time of our exile, to achieve our return, we should take to flight, when we have returned, to avoid fighting! And will it not be shameful if we sink to such a depth of baseness that, whereas our ancestors risked their all merely for the freedom of their neighbors, you do not dare even to make war for your own?

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