EVIDENCE.

6. Now probably, gentlemen of the jury, he will make no denial of these

facts, but will say before you, as he dared to affirm before the arbiter,

that one does not use a forbidden word in saying some one has "killed"

his father, for the law does not forbid this, but forbids the use of the

word "homicide." 7. But I think that you should make your decision not

about the letter of the law, but its intention. You all know that those

who kill others are homicides, and those who are homicides kill others.

For it would be a great task for a lawgiver to write all the words having

the same signification, but in mentioning one term, his meaning covers

all. 8. This is the case then, is it not, Theomnestus,--if any one called

you a beater of father or mother, you would think he should be punished,

but if any one said you beat your father or mother, you would then think

he should go unfined as saying no forbidden word! 9. For I should like to

hear from you (for in this you are skilled in practice and speech). If

any one should say you "flung away" your shield, and in the law was

written that a man was liable to punishment if any one declares he "threw

it away," would you not have prosecuted him, and would it have been

enough for you to say if some one declared you "flung it away," I do not

care, for _flinging_ and _throwing_ are not the same thing. 10.

Now could you admit the charge as one of the Eleven, if some one brought

in a man on the charge of having stripped off his cloak or shirt but you

would have discharged him because he was not called a "clothesstealer."

And if any one should be caught carrying off a boy, you would not say he

was a kidnapper, if you quibble with terms, and will not pay attention to

the facts to express which terms are invented. 11. Consider this now,

gentlemen of the jury. For this man seems never to have gone to the

Areopagus through indolence and indifference. For you all know that

there, whenever they are conducting a trial for murder, they do not make

their depositions with this term, but with that by which I have been

abused. For the prosecutor makes a deposition that "he killed," the

defendant that "he did not kill." 12. Accordingly it would be absurd to

acquit the one who evidently committed murder because he pleads he is a

murderer, when the prosecutor charges the defendant of "killing." For

what is the difference of which this man speaks? And you yourself brought

suit against Theon for saying you "flung away" your shield. Nothing is

said in the law about "flinging," but if any one declared he has "thrown

away" his shield, it decrees a fine of 500 drachmae. 13. Would it not be

terrible if whenever it were necessary for you to punish your enemies for

slander, for you to interpret the laws as I do now, but whenever you

speak illegally of another, to think you ought not to be punished? Are

you so powerful as to be able to employ the laws as you wish, or have you

such influence as to believe that those whom you wrong will not get a

recompense? 14. Are you not ashamed to have the thought that you should

claim advantages, not from your services to the state, but from your

unpunished deeds? But read me the law.

The Orations of Lysias · 第 36 / 118 题