Oration Xxxl
Against Philon
1. Until now I believed, gentlemen of the Boule, that Philon would not come to such a point of daring, as to bring himself to appear before you for examination; but as he is audacious, not in one thing but many, and I have come to the council-house after taking oath to legislate for the state in the best possible way, (2) and it is contained in the oath (that one should) declare it if he knows that a man chosen for office is not fit to consult for the state, I will make this accusation against this Philon here, not indeed because I follow up any private enmity, nor rising among you because I am able and accustomed to speak, but realizing (trusting in) the number of his crimes, and believing I must be faithful to the oaths I have taken. 3. You will know that I am not so well prepared to bring proof against him as he was (when) he entered on his course of crime. Yet if I should omit some point in the accusation, he ought not justly to benefit from this, but rather should be rejected on ground of whatever I prove satisfactorily. 4. For I shall speak insufficiently on account of my lack of acquaintance with all he has done, but adequately so far as the evil goes which attaches to him. But I beg you, as many of you as are better speakers than I, to declare that his sins are (even) greater, and out of what I leave unsaid you are to accuse Philon about what you yourselves know. For you should decide upon his character not alone from what I may say.
5. For I mean that it is not right for any to legislate for us, except those who besides being citizens are really interested in being such. For with such the difference is great between a prosperous and an unsuccessful condition of this state, because they think they must bear their share of evil as well as good. 6. But as many as are citizens by birth, but believe that the whole earth is their country in which they have property, it is evident that these would disregard the common welfare of the state, and turn their attention to their personal advantage, because they consider not the state, but their property their country. 7. So I will show that this Philon has cared more for his personal safety than for the common danger of the commonwealth, and that he thinks it better for him to live his life without danger than for the state to be in safety, even while endangering other citizens.
8. When misfortune came to the state, members of the Boule,—I will mention this only as far as is necessary,—this man was drafted from the city by the Thirty with the rest of the citizens and for a time lived outside, but when the party from Phyle marched on the Piraeus, and men from the country as well as those in exile joined forces either in the town or at the Piraeus, and brought what aid each could to his country, this man took just the opposite course from the rest of the citizens. 9. For he packed up his possessions and went into a country not his own, and paid the alien’s tax in Oropos and lived under a patron, preferring to be an alien there rather than be a citizen with us. Then, not like some of the citizens who changed parties when they saw the men from Phyle were successful in their attempts, did he claim to share in their successes, but he wished to come after all was over rather than come with them and unite in what was for the common advantage of the state. For he did not come to the Piraeus, nor offer himself to you to be appointed for military duty. 10. And while he dared betray us in our success, what would he have done, if we had been unsuccessful? Those who did not share in the risk to the state through some personal misfortune, should be excused, for such failure is involuntary; (11) but those who pursued this course of action on purpose are not to be pardoned, for they did so, not through misfortune but by design. And it is agreed by all men that for the same trespasses we should be most of all angry at those who are perfectly able not to commit a wrong, but excuse those who are poor or infirm, because we consider they sin involuntarily. 12. But this man should have no excuse; for he is neither a cripple and so unable to work, as you see, nor (unable) to contribute money as if poor, as I shall show. How should not a man be hated with reason by you if he put the same energy into being wicked that he might have used aiding you? 13. And you will not incur the hatred of any of the citizens by rejecting this man; for he evidently betrayed not one party, but both, so that it appears he is not liked either by the city party,—for he did not consent to go into danger with them—nor by those who took the Piraeus,—for he would not move with them. 14. If then any of the citizens are left over who had the same experiences as his, let him claim to legislate in their company, if they ever,—which Heaven forbid,—take the state.
So that he took up his residence in Oropos under a patron and gained sufficient property, and neither took arms in the town nor in the Piraeus, that you may know that these first things which I affirm are true, hear the witnesses.