Lysias 22, Against the Corn-Dealers
Against the Corn-Dealers, Lysias, Speeches, translated by Walter Rangeley Maitland Lamb (1882-1961), from the Loeb edition of 1930, text made available by permission of the publishers at the Internet Archive and Project Gutenberg. This text has 2 tagged references to 2 ancient places.CTS URN: urn:cts:greekLit:tlg0540.tlg022; Wikidata ID: Q12878837; Trismegistos: authorwork/6439 [Open Greek text in new tab]
§ 1 Many have come to me, gentlemen of the jury, expressing surprise that I have entered an accusation in the Boule against the corn dealers, and saying that you, even if you think them ever so guilty, nevertheless think that those who bring charges against them are doing so from personal interest. Accordingly I first wish to show you why I was compelled to accuse them.
§ 2 When the Prytanes reported them to the Boule, feeling ran so high that some of the speakers said that without a trial they should be handed to the Eleven to be put to death. But I, thinking that it would be a terrible precedent for the Boule to do this, rose and said that it seemed best to me to try the dealers by law, as I thought that if they had committed a capital crime you no less than we would know what was just, but if they were doing nothing wrong they need not die without a trial.
§ 3 When the Boule had agreed to this, some tried to slander me, saying I made these speeches for the safety of the dealers. Before the Boule, since the preliminary trial was before them, I made a practical defense. For while the rest were sitting still, I got up and accused them, making it clear to all that I was not speaking in their behalf, but upholding the established laws.
§ 4 I took up the matter on account of this, fearing the charges. And I think it base to stop until you have voted what you wish.
§ 5 First stand up and tell me whether you are a metic? Yes. Are you a metic on condition of obeying the laws of the city or doing what you please? On condition of obeying. Do you expect to escape death if you transgress the laws of which the penalty is death? I do not. Tell me then whether you confess that you bought more than the fifty measures of corn which the law allows. I bought it, advised to do so by the officers.
§ 6 If he can show, gentlemen of the jury, that there is a law which permits dealers to buy corn when ordered to do so by the officers, acquit them. If not, it is just to condemn them. For we showed you the law which forbids any one in the city buying more than fifty measures of corn.
§ 7 This, gentlemen of the jury, ought to end the accusation, since he admits that he bought corn and the law plainly forbids it, and you have sworn to give judgment according to law. But that you may be convinced that they are wrong about the officers I must say something further about them.
§ 8 Since they made the charges against them let us call the officers and question them. Four of them say they know nothing about the matter. Anytus says that last winter when corn was high and the dealers were outbidding and fighting against one another, he counseled them to stop quarreling, thinking it was advantageous to you who buy from these that they should previously buy it as cheap as possible. For they must sell it not more than an obol dearer.
§ 9 That he did not order them to buy the corn and store it up, but advised them not to fight with each other, I will Anytus as witness, and also that he said these words last year and they have been proved guilty of engrossing corn this year. DEPOSITION.
§ 10 You have heard that they did not buy the corn because they were advised to do so by the officers. And I think if they really are speaking the truth about the corn inspectors they will not be defending themselves, but accusing them. Ought they not to be punished for offenses concerning which the law is expressly written — both those who do not obey and those who direct to do what is contrary to them?
§ 11 But I do not think, gentlemen of the jury, that they will resort to this argument. Perhaps they will say, just as they did before the Boule, that they bought the grain out of good will to the city, that you might buy it as cheaply as possible. I will give you the greatest and most evident proof that they lied.
§ 12 They ought, if they bought the corn for your benefit, to have sold it many days for the same price, until the supply ran out; but in truth they sold it the same day at a drachma dearer as if they were buying it up by the medimnus. I will prove this to you by witnesses. EVIDENCE.
§ 13 I think It strange that when there is a tax to pay about which all men will know, they do not wish to do their share but plead poverty, but those offenses for which the penalty is death, and in which it was for their interest to escape detection, they say they committed out of good will to you. You all know that it is least fitting for them to make such, a defense. For their interests and other men's are entirely different. They gain most when some disaster has befallen the city and they sell the corn for a high price.
§ 14 Thus when they see your misfortunes they are glad, so that they often hear of some before other people, and others they make up themselves; either the ships in the Pontus have been destroyed, or have been captured by the Lacedemonians setting out, or that the market is closed, or that the truces are about to be made void; and they have come to such a pitch of enmity (15) that in these times they plot against you as if they were your enemies. When you chance to be in the greatest need of corn they heap it up and refuse to sell that we may not dispute about the price, but may think ourselves lucky if we manage to buy from them at any price whatever. So although there is peace we are besieged by these men.
§ 16 Long ago the city came to have such an opinion of their evil doings and wickedness, that while for all the other trades you appointed clerks as inspectors, for this traffic alone you appointed corn inspectors; and on many of these you have inflicted heavy punishment, although they were citizens, because they were not able to stop these practices. Ought not, then, those doing this wrong to receive punishment at your hands when you kill those not able to restrain it?
§ 17 You ought to know that it is impossible to acquit them. For if you acquit those who confess to making a corner against the merchants you will seem to plot against the merchants. If they made some other excuse no one would censure those acquitting them; for in such cases it is at your discretion to believe either way. But now if you set free those who confess that they have broken the law, would you not seem to be doing a strange thing?
§ 18 Remember, gentlemen of the jury, that you have already condemned many accused of this crime who brought forward witnesses, as you thought the assertion of the accusers more trustworthy. Would it not be strange if, judging about the same offenses, you were more desirous to take punishment from the guiltless?
§ 19 I think, gentlemen of the jury, that it is plain to all, that cases against these men are of the most general interest to those in the city, so that they will learn what mind you have about them; for they will think if you condemn them that they must be more careful in future, whereas if you acquit them you will have voted them every opportunity of doing what they wish.
§ 20 It is necessary to punish them, gentlemen of the jury, not only on account of the crimes which have been committed, but those that will be. For in that case (acquittal) they will scarcely be endurable. Remember that many in this business have been tried for their life. And so great are their profits from it that they prefer to run in danger of their life every day than to stop getting unlawful gain from you.
§ 21 If they beseech you and entreat you, you should not justly pity them, but rather have compassion on the citizens who have been dying with hunger on account of their knavery, and the merchants against whom they combined. These you will please and make more zealous if you inflict punishment on the dealers. But if not, what opinion do you think they will have when they learn that you let off the retail dealers who themselves confess to plotting against the merchants?
§ 22 I do not think I need say more. About other criminals you must be informed by the accuser, but about the knavery of these men you know everything. If you condemn them you will do what is just and make corn cheaper; if you acquit them you make it dearer.