Chapter 8
10. In the first place, though I was left little money by my father, both on account of his misfortunes and the calamity that befell the city, yet I married off my two sisters, giving them thirty minae as a dowry; and I so divided the property between myself and my brother that he admits that he had more than his share. And in all other relations of my life I have so behaved that no one ever brought an indictment against me. 11. I think the greatest proof of the blamelessness of my public life is that all the young men who habitually spend their time with dice, or in drink, or excesses of this sort, are my enemies; and it is just they who get up and circulate such stories about me. If I and they had the same tastes, it is plain that they would have had no such opinion of me. 12. No one can prove that I have had a private suit, a public suit, or was ever impeached before the Boule. But you see other men often engaged in such cases. Last of all, see how well I served the state in the army and in the expeditions against the enemy. 13. For first, when you made the alliance against the Boeotians, and it was necessary to send assistance to Haliartus, I was put in the list of the cavalry by Orthoboulus; but seeing that all thought the cavalry was safe, but that there was danger to the hoplites, while others not qualified by law were trying to get enrolled on the cavalry, I reported myself to Orthoboulus to be struck off the list, thinking it disgraceful to be in security myself while others were in danger. Come and testify for me, Orthoboulus.
WITNESSES.
14. Again, when the members of my deme were assembled for the expedition, as I saw that some were honorable, wealthy and zealous, but that there were others who lacked the means for the journey, I moved that the wealthy provide the outfit for the poor. And I not only counseled the others to do this, but I myself gave two men thirty drachmae each; not that I was worth much, but for an example to the rest. Come forward, witnesses.
WITNESSES.
15. After this, members of the Boule, during the expedition to Corinth, when all saw that there would be warm work, and others were shirking, I arranged to be stationed in the rank next the enemy. And besides, when our tribe was overthrown and most of it perished, I retreated after that fine gentleman of Steiria, who has been reproaching all men with cowardice. 16. And not many days later, by the capture of the strongholds in Corinth, the enemy was unable to advance, and Agesilaus invaded Boeotia, and the archons voted to detach certain ranks and send them to aid. All were afraid (naturally enough, too, members of the Boule, for it is hardly probable that men who had just escaped would wish to place themselves in danger again), but I, going of my own accord to the commander, asked him to send my company.
17. If, then, some of you are angry at those who claim to act in the interest of the state, and who nevertheless run from danger, you ought to have no such opinion about me. Not only did I do zealously what was commanded me, but I even exposed myself to great danger and did this, not because it was a light matter to fight the Spartans, but that if I ever were unjustly brought to any trial, I might, with a better reputation for valor, get full justice. Now bring witnesses.
WITNESSES.
18. I did not shirk any of the other expeditions nor the garrison duty, but always marched with the foremost and retreated among the last. You ought to estimate from such considerations, those who live well and in order, and not hate a man for wearing his hair long. For habits of this sort injure neither the private citizen nor the city at large, but you are all benefited by those who meet the dangers of the enemy. 19. It is not right to either love or hate a man on account of his looks. For many who talk modestly and dress well have been the cause of great evils, and others who pay no attention to these things have effected great good.
20. I see that some, members of the Boule, are dissatisfied because I, so young a man, have ventured to speak before the people. I was compelled to do so first on account of my case, and then I seem even to myself to be somewhat more ambitiously disposed than I ought to be, both because I remember my ancestors who never stopped working for the city, (21) and because I perceive that you (for I must speak the truth) think that only men of this sort are worth anything. So, seeing you have this opinion, who could not be induced to work and speak in behalf of the city? Why, then, should you be disgusted with men of this sort? For it is you and no other people who judge them.
ORATION XVII.
PROPERTY OF ERATON.
1. Perhaps some of you, gentlemen of the jury, on account of my wish to be a worthy citizen, think that I can speak better than other men. But I am so far from being able to speak about what does not concern myself, that I cannot say what I ought in regard to those things about which I should speak. I think however, if I shall go over the whole affair between myself and Eraton and his children, that you will easily understand what view to take about the claim. So hear me from the start.
2. Eraton, the father of Erasiphon, borrowed two talents from my grandfather. That he took the money and that he asked him to lend so much, I will furnish as witnesses those in whose presence it was given. How he employed it, and what use he made of it, those who know better than I and were cognizant of his proceedings will declare and give evidence to you. Now call the witnesses.
EVIDENCE.
3. As long as Eraton lived, I received the interest and other details of the transaction. When he died he left three sons, Erasiphon, Eraton and Erasistratus, but they no longer paid their dues. So in the war, as there were no courts, we could not exact from them what they owed, and when peace came, when civil suits were being heard, my father, having obtained leave to bring suit against Erasistratus for the whole debt; as he alone of the brothers lived in the city, obtained judgment against him in the archonship of Xenaetnetus. Now call the witnesses.
WITNESSES.
4. That the property of Eraton would rightfully be ours, is easily seen from these men, and that it is all confiscated, from the lists, for three or four persons entered the items. Now this is clear to every one that they would not have omitted anything else which it was possible to confiscate while making a list of all Eraton's property,--even what I have for some time held myself.
I think it is evident that I cannot recover this money elsewhere if you confiscate this property. 5. But now see in what a different spirit I and these persons make my claim against you. For as long as the friends of Erasiphon disputed the property with me, I claimed it was all mine, because Erasistratus was defeated while defending a suit against my father for the whole. And I have let the property at Sphettus for three years past, and was engaged in a suit with the occupants of the property at Cicyna and the house there. But last year they struck out the suit on the ground that they were merchants; but now, though I brought in my suit in the month Gamelion, the Marine Court rendered no decision. 6. And since you thought best to confiscate Eraton's property, I think two shares should be allowed the state and the property of Erasistratus be voted to me, as you have decided that this was formerly in my possession. So I have picked out for myself one-third of the property, roughly estimated, and leaving over two-thirds to the state. 7. It is easy to find out from the valuation put upon it. All the property has been valued at more than a talent, and what I claim, I value at five minae and a thousand drachmae respectively. If they are worth more than this, when the property is sold, the state shall have the rest. 8. That you may know that these are the facts, I will bring as witnesses to you, first, those who hired from me the place at Sphettus, then those living near the place at Cicyna who were acquainted with me when I made the claim three years ago, also the archons of last year before whom the suits were brought, and the present Marine Court. 9. The lists too will be read you, for from them you will know that my claim to this property is not a recent one, and that I do not ask more from the state than from private individuals. Now call the witnesses.
WITNESSES. LISTS.
10. It has now been proved that I do not wrongfully claim the decision of the property in my favor, but that after relinquishing much of the property to the state I claim this only. And now it seems right for me to ask this of you, and the magistrates with you.
ORATION XIX.
PROPERTY OF ARISTOPHANES.
1. This suit troubles me greatly, gentlemen of the jury, when I consider that if I do not speak well, not only I, but my father will appear in the wrong, and I shall lose all my property. So, if I am not naturally skillful in this task, I must come to the rescue of myself and my father as best I can. 2. You see the careful preparation and zeal of my enemies, and I need say nothing about them, and all who know me know my inexperience. So I shall beg you grant what is just (for me) and easy (for you), to hear me with patience, as well as the prosecution. 3. For a defendant is necessarily at a disadvantage even if you listen impartially, for the prosecutors have planned for a long time, and without any risk to themselves have made their attack, but I struggle with fear, prejudice and great danger. So it is right for you to show greater favor to the defendants. 4. For I suppose you all know that many who make terrible accusations have at once been convicted of falsifying so evidently, that they leave the court and become mistrusted for all they do. Some again have been convicted of false witness and of seeking to ruin men, when there was nothing more to their advantage. 5. Since, as I hear, there are many such cases, gentlemen of the jury, do not trust the words of the prosecution until I speak. For I hear, and I think many of you know that slander is most difficult (to deal with). 6. Surely we may realize this when so many come to trial on this charge, for usually the last tried are acquitted; for you listen to them without prejudice, and you admit their arguments willingly. 7. So remember that Nicophemus and Aristophanes were put to death without a trial, before the arrival of any one to (hear) them proved guilty. For no one saw them after the arrest; for they did not give up their bodies for burial, and so terrible was their fate, that besides all the rest they were deprived of this (privilege) too. 8. But I will pass this by, for I could never finish (the subject); but much harder I think was the fate of the sons of Aristophanes. For though never wronging any one in public or private, they not only lost their patrimony contrary to your laws, but also their remaining hope was blighted of being brought up by their grandfather. 9. Still I, deprived of kindred, of the dowry (of my sister), and having to bring up three children, have charges brought against me, and run in danger about the inheritance which my ancestors left me, acquired legally (by them). And yet, gentlemen of the jury, my father during his lifetime spent more for the state than for himself and family, and it was four times what I have now, as I was often at hand when he was reckoning. 10. Do not prejudge the injustice of a man who spent little for himself and much every year for you, but (be ready to condemn those) who are accustomed to spend their patrimony and everything else they get for vicious pleasures. 11. It is difficult, gentlemen of the jury, to defend myself contrary to the opinion which some hold about the property of Nicophemus, both because of the present scarcity of money in the state, and because the suit concerns the treasury. And yet under these disadvantages, you will readily see that the accusations are not true. And I beg you by every means in my power to hear me favorably to the close, and to vote whatever you think best and in best accord with your oaths.
12. In the first place I will inform you how they came to be connections of mine. For Conon, commanding near the Peloponnesus, who was my father's friend when he was Trierarch, asked him to give my sister to the son of Nicophemus when he asked her hand. 13. And he seeing that they (_Nicophemus and his son_) were trusted by Conon, and were serviceable to the state, then at least conforming to her laws, promised to give her, not realizing the bad repute into which they would fall, at a time when any one of you would have wished to be connected with them; that it was (done) for the sake of money, it is easy to understand from the whole life and conduct of my father. 14. For when he was at a suitable age, although he could have married another with a large dowry, he married my mother who brought none, because she was the daughter of Xenophon, son of Euripides, who not only seemed to be of good character, but you thought him worthy to be Strategus, as I hear. 15. Moreover he did not give my sisters to rich husbands who would have been willing to take them without dowries, because they seemed to be of inferior birth, but one to Philomelus of Paeania, whom they say is better in character than wealth, another to a man who lost his property through no fault of his own, his nephew, Phaidrus of Murrhinoute, besides giving him forty minae, and the same to Aristophanes. 16. And besides, though I could have (married a woman with) a large dowry, be advised a smaller one, that I might be sure of having connections orderly and discreet. And now my wife is the daughter of Critodemus of Alopeke, who was put to death by the Spartans after the naval battle of the Hellespont. 17. And now, gentlemen of the jury, is it not probable that one who married without a portion, and gave his daughter much money, and took a small dowry for his son, should be trusted to have sought connection with these men for no money considerations?
18. It is easy to see that Aristophanes, already married, would have confided in any one sooner than my father. For their ages were wide apart, and their dispositions still more; for my father had merely his own concerns to attend to, but Aristophanes wished to attend not only to his own private affairs, but to public ones as well, and if he had any money, he spent it in his desire for honor. 19. You know from what he used to do that I speak the truth. For first, when Conon wished to send some one to Sicily, he undertook the commission and went with Eunomus, enjoying the friendship and hospitality of Dionysius, who benefited the state greatly, as I heard from those in his company at Piraeus. 20. And the hope of the expedition was to persuade Dionysius to become allied to Evagoras, and hostile to the Spartans, and a friend and ally to your city. And this they did in spite of dangers which threatened by sea and from the enemy, and they persuaded Dionysius not to send the trireme which he had prepared for the Spartans. 21. And afterwards, when ambassadors came from Cyprus for assistance, he did cease his activity. You gave them triremes, and voted other aid, but they lacked funds for the expedition. For they came with little money, and asked for much; for they (asked it) not only for the ships, but they hired mercenaries, and bought arms. 22. Now Aristophanes himself furnished most of the money; and when there was not enough, he persuaded his friends, asking for it and giving securities, and having forty minae of his half-brother at his house he used them up. And the day before he sailed, he went to my father and asked him to lend him whatever money he had. For he said it was needed for paying the mercenaries. We had in ready money seven minae, and he took this and used it up. 23. Now what man, gentlemen of the jury, ambitious, with letters from his father that he would find no lack in Cyprus, having moreover been chosen ambassador, and being about to sail to Evagoras, would have left everything behind, and would not, if he could by contributing everything, please him (_Evagoras_) and make a large profit? That this is the case, call Eunomus.
WITNESSES.
24. You hear the witnesses, both that they lent (the money) at his demand, and that they received it back, for it was brought them on the trireme.
From what has been said, it is easy to see that in these emergencies he spared himself not in the least. 25. Here is the best proof: Demus, the son of Pyrolampes, in command of the trireme for Cyprus, asked me to go to him, saying that he had from the king of Persia a golden bowl, for which he wished to get seventeen minae, which he would spend on his trierarchy; when he came to Cyprus he would redeem it, paying twenty minae; for through this pledge he would have plenty of money and other advantages in Asia Minor. 26. Aristophanes, hearing this from Demus, though I urged him, and although he would have taken the cup, and gained four minae interest, said he had no money, and declared he had borrowed from his friends besides, otherwise he would be most glad to take the pledge and oblige us by what we asked. 27. I will bring witnesses that these are the facts.
WITNESSES.
From the evidence it is certain that Aristophanes left no money behind; and he had not much (in the way of) bronze. And when he entertained the ambassadors from Evagoras he had to borrow the plate. And we will read you what he left.
INVENTORY.
28. Perhaps some of you, gentlemen of the jury, think this is a small inventory. Bear this in mind, that before our naval victory he only had a little estate at Rhamnus. The naval battle was in the archonship of Euboulus. 29. So in four or five years, as at first he had no property, it was no easy matter for him to supply the chorus twice for tragedies, for himself and his father, serve as Trierarch three consecutive years, make large contributions, build a house for five minae, and get more than three hundred plethra of land; and yet, besides all this, do you think he necessarily left many household effects? 30. But not even families of long-standing wealth could show much of value, for sometimes, no matter how desirous one may be, it is not possible to buy that which always gives pleasure to its possessor.
31. But consider this. Of others whose property you confiscated, not only did you sell no furniture, but the doors were torn from the houses. But when the confiscation had taken place, and my sister had left, we set a guard in the house, that neither the doors, vases, nor anything else might be lost. And property of more than a thousand drachmae was reported, more than you ever took from any one else. 32. Besides, both formerly before the commissioners and now we wish to give a pledge, the greatest in use, that we have no money of Aristophanes, but he owes the dowry of my sister and seven minae, which he took from my father when he went off. 33. How then would men be more wretched than to be thought to hold the property of others, after loss of their own? And what is the worst of all, to receive a sister with many children, look after them, and have nothing for myself, if you take even what we have.
34. Come now, by the Olympian gods! Look at it in this light, gentlemen of the jury. If one of you happened to give to Timotheus, son of Conon, his daughter or sister, and when he was deprived of civil rights, and accused, his property was seized, and if, when all was sold, the city did not get four talents, on this account would you think it right to ruin his family and relatives, because the property turned out to be not even a fraction of what you thought it? 35. All of you here know that Conon was in command, and that Nicodemus executed his commands. It is likely that Conon gave part of the profits to some other, so if they thought Nicodemus had much, they would agree that Conon's share was ten times as much. 36. And still they seem never to have had any difference of opinion, so it is likely that they had the same ideas about money, namely, to have here sufficient for their sons, and to take the rest with them. For Conon had a son and wife in Cyprus, Nicodemus a wife and daughter, and they thought their property there to be as safe as that here. 37. And besides this, think, if some one who had not acquired his property, but had inherited it from his father, distributed it to his sons, that he would have reserved the most for himself. For all with money prefer to be served by their children rather than ask it of them in poverty. 38. Now if you should confiscate the property of Timotheus,--and may it not happen, unless great good come to the state from it,--and should gain less from it than came from the property of Aristophanes, for this reason would you believe it right that his relatives should lose their property? 39. It is not likely, gentlemen of the jury. For the death of Conon and the will which he made in Cyprus clearly showed that his money was a very small part of what you expected, for to Athena and to Apollo in Delphi he dedicated five thousand staters. 40. And to his nephew who kept guard for him and had charge of his affairs in Cyprus, he gave ten thousand drachmae, and three talents to his brother; the rest, seventeen talents, he left to his son. The sum total is about forty talents. And no one can say that he was robbed or that a just return was not made. 41. For he made his will when in sickness, in his right mind. Now call me the witnesses.
WITNESSES.
42. Surely one would have thought, before both cases were shown, that the property of Nicophemus was a small fraction of that of Conon. Aristophanes purchased land and a house for more than five talents, supplied choruses for himself and his father for five thousand drachmae, and spent eighty minae as Trierarch. 43. And in taxes he contributed for both no less than forty minae, and for the expedition to Sicily he spent a hundred minae. For sending the triremes when the Cyprians came and you gave them ten ships, for pay for the mercenaries and the purchase of arms, he furnished thirty thousand drachmae. The amount of this is a little less than fifteen talents. 44. So you do not charge me with reason, since the property of Aristophanes appears to be more than a third part of that of Conon, which is agreed was rightly reported by himself, though appearing to be much greater. And I do not reckon what Nicophemus had in Cyprus, where were his wife and daughter.