Lysias, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Lys.].
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For The Soldier

9.1What could have been the view of my opponents in disregarding the point at issue, and in seeking to traduce my character? Is it that they are unaware that their business is to speak on that point? Or, though well aware of this, do they consider it will pass unobserved that they have more to state on anything than on what is their business? 9.2That those statements are made in a spirit of contempt, not for me, but for the point at issue, I clearly understand if, however, they suppose that from mere ignorance you will be induced by their aspersions to condemn me, this to me would be a surprise. 9.3I did indeed suppose, gentlemen of the jury, that I had to face my trial on the charge referred, not on my character; but, as my opponents are traducing me, it is necessary to deal with all note of their points in my defence. So then, to begin with, I will inform you as to the writ against me. 9.4The year before last, after I had arrived in the city, I had not yet been in residence for two months when I was enrolled as a soldier. On learning what had been done, I at once suspected that I had been enrolled for some improper reason. So I went to the general, note and pointed out that I had already served in the army; but I met with most unfair treatment. I was grossly insulted but, although indignant, I kept quiet. 9.5In my perplexity I consulted one of our citizens as to the measures that I should take: I was told that they even threatened to put me in prison, on the ground that "Polyaenus had been as long a time in residence as Callicrates.” note 9.6Now my conversation just mentioned had been held at Philius's bank: yet Ctesicles and his follow-officers, note on a report from somebody that I was abusing them, although the terms of the law only forbid the abuse of a magistrate at session of his court,—decided unlawfully to punish me. They imposed the fine, but instead of attempting to exact it, at the expiration of their term of office they recorded it on a register which they handed over to the clerks of the Treasury note 9.7So much for their operations; but the clerks of the Treasury, taking a very different view from theirs, demanded an explanation from the persons who had handed over the record, and inquired into the grounds of the charge. Hearing what had occurred, and impressed by the strange treatment I had received, they at first urged them to let me off, pointing out that it was not reasonable that any of our citizens should be registered as public debtors out of personal enmity; then, failing to dissuade them, they took upon themselves the risk of a trial before you, and ruled that the penalty was null and void note 9.8Well, that I was let off by the Treasury clerks, you now know. But although I consider that merely on the strength of this demonstration I ought to stand cleared of the impeachment, I will put in a yet stronger array both of laws and of other justifications. Now, please, take the law.Law

9.9You have heard how the law expressly enjoins the punishment of those who utter abuse at a session of the court. But I have produced witnesses to the fact that I did not enter the magistrates' hall, and that, as the fine was unjustly imposed on me, I neither owe it nor in justice ought to pay it. 9.10For if it is evident that I did not go into the court, and the law enjoins that the fine is to be due from those who misbehave inside it, it is manifest that I have done no wrong, but because of enmity, and for no such act, have been fined against all reason. They knew in their own hearts that they had done wrong; 9.11for they neither submitted their act to investigation, note nor went into a law-court to get their proceedings confirmed by a vote. However, supposing they had been correct in imposing a fine on me, and had got the imposition confirmed in your court, I should stand fairly cleared of the impeachment by the release of the Treasury clerks. 9.12For if they were not competent to exact or remit it, being lawfully fined I should reasonably owe the payment; but if they have power to remit, subject to rendering an account of their proceedings, they will easily be visited with the proper penalty for any wrong they have done. 9.13Of the manner in which my name was handed over, and the fine imposed on me, you are now informed: but you must be apprised, not only of the charge referred, but also of the pretext for this enmity. I had made friends with Sostratus before their enmity began, because I knew he had done remarkable service to the State. 9.14I became well-known through his personal influence, but did not make use of it either to avenge myself on an enemy or to serve a friend: for while he lived I was necessarily inactive on account of my age and when he passed away I injured none of my accusers either in word or in deed, and I can give such an account of myself as will show that in justice ought much rather to receive benefits than ill-treatment from my opponents. 9.15Well, the circumstances that I have mentioned had the effect of accumulating their anger, though they had no real excuse for enmity. And so, having taken their oaths to enroll only those who had not served in the field, they violated those oaths, and then brought my case before the people for decision on a capital charge, note 9.16after having fined me for abusing the magistrates, and having utterly disregarded the claims of justice they were exerting themselves to injure me on any sort of plea, and they would have stopped at nothing so long as they could do me grievous injury and also win great advantage for themselves, seeing that when they are sure of neither of these ends they make everything of less account than their injustice. 9.17Nay, the men who showed their contempt for the people of your city disdained also to show fear of the gods: so reckless and lawless were their proceedings that they did not even attempt to defend their actions; and finally, considering the revenge that they had taken on me insufficient, they took the last step of expelling me from the city. note 9.18In this mood of lawless violence they have not cared at all to conceal their injustice, but have summoned me here again on the same charge; and although I have done no wrong, they denounce me and abuse me with a shower of calumnies that have no connection with the tenor of my life, but are conformable and habitual to their own character. 9.19These persons, then, are endeavoring on any sort of plea to get me cast in this suit. But you must neither be incited by their calumnies to condemn me, nor invalidate the decision of those who have acted on a better, and on a just, consideration. note For their action was entirely in accordance with the laws and fair dealing, and it is plain that they have committed no injustice, but made most account of what is just. 9.20The injustice of these men only caused me a moderate annoyance, as I considered it ordained that one should harm one's enemies and serve one's friends; note but to be derived of justice at your hands would cause me a far deeper distress. For it will be thought that my evil plight is due, not to enmity, but to an evil condition of the State. 9.21Professedly, indeed, I am on trial for the matter note of this writ, but actually for my citizenship. If I obtain justice—and I have confidence in your verdict—I may remain in this city; but if the summons of these men should lead to my unjust conviction, I should run away. For with what hope to bear me up must I mingle with the citizens, or with what purpose in life, when I knew the zeal of my opponents, and could not tell where to look for any of my just rights? 9.22Put justice, therefore, above everything else; reflect that you grant pardon even for glaring acts of injustice; and do not allow those who are guilty of no injustice to be unjustly entangled in the greatest misfortunes.



Lysias, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Lys.].
<<Lys. 8 Lys. 9 (Greek) >>Lys. 10

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