SCRIPTURA

Lysias · Against Alcibiades II · 1 of 1

Sections 1–12

Translated by W. R. M. Lamb

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1. I not only request you, gentlemen of the jury, to vote what is just, but I beg the generals, as they have in all else used their authority to the great advantage of the State, to be impartial also in suits for evasion of military duty, treating prosecutor and defendant alike and not to be so intent on supporting some favorite of their own as to make every endeavor that your vote shall be given against justice. Reflect how deeply aggrieved you would be if during your scrutiny the recorders should mount the dais to request that the vote should go against you: it would strike you as monstrous that those who ordered the suit and put the question should recommend that votes be given against some men, and not given against others.

1. ἐγὼ μέν, ὦ ἄνδρες δικασταί, καὶ ὑμᾶς αἰτοῦμαι τὰ δίκαια ψηφίσασθαι, καὶ τῶν στρατηγῶν δέομαι, ἐπεὶ καὶ ἐν τῇ ἄλλῃ ἀρχῇ πολλοῦ ἄξιοι τῇ πόλει γεγόνασι, καὶ τῶν τῆς ἀστρατείας γραφῶν κοινοὺς εἶναι τῷ τε διώκοντι καὶ τῷ φεύγοντι, καὶ μὴ βοηθοῦντας ᾧ ἂν βούλωνται πᾶσαν προθυμίαν ἔχειν παρὰ τὸ δίκαιον ὑμᾶς ψηφίσασθαι, ἐνθυμουμένους ὅτι σφόδρʼ ἂν ἠγανακτεῖτε, εἰ ⟨ἐν⟩ τῇ ὑμετέρᾳ δοκιμασίᾳ οἱ θεσμοθέται ἀναβάντες ὑμῶν ἐδέοντο καταψηφίσασθαι, ἡγούμενοι δεινὸν εἶναι εἰ οἱ τιθέντες τὸν ἀγῶνα καὶ τὴν ψῆφον διδόντες παρακελεύσονται τῶν μὲν μὴ ⟨καταψηφίζεσθαι τῶν δὲ⟩ καταψηφίζεσθαι.

3. What custom could be more shameful, what proceeding more monstrous, in our city than to have the magistrate making bold, in suits concerning heiresses, to implore and beseech the judges that the matter be settled as he may prefer, or to have the war-archon and the Eleven making requests, in the suits authorized by themselves, like that in the present case?

3. τί δʼ ἂν αἴσχιον ἔθος ἢ δεινότερον πρᾶγμα τούτου ⟨ἐν⟩ τῇ πόλει γένοιτο, εἰ τολμήσει ὁ μὲν ἄρχων ἐν ταῖς τῶν ἐπικλήρων δίκαις ἀντιβολεῖν καὶ ἱκετεύειν τοὺς δικαστὰς ὅ τι ἂν βούληται πραχθῆναι, ὁ δὲ πολέμαρχος καὶ οἱ ἕνδεκα δεήσονται ἐν ταῖς δίκαις ταῖς ὑφʼ ἑαυτῶν εἰσαγομέναις, ὥσπερ καὶ νῦν;

4. You ought, therefore, to have just the same feeling in regard to yourselves; you should reflect that to give your support from personal motives to a man accused of evading military service will be exactly the same as if some of these officers should put in a request while they are actually putting the question.

4. χρὴ τοίνυν καὶ ὑπὲρ ὑμῶν αὐτῶν τὴν γνώμην ἔχειν, ἐνθυμουμένους ὅτι οὐδὲν διοίσει ὑμᾶς ἰδίᾳ περὶ τῆς ἀστρατείας βοηθεῖν, ἢ τούτων τινὰς δεῖσθαι αὐτοὺς τὴν ψῆφον διδόντας.

5. And consider, gentlemen, if you have not found sufficient proof that none of the commanders in the army up to that time was a supporter of Alcibiades. For if their statement is true, they ought to have cited Pamphilus for depriving the city of a horseman by taking away his horse; to have mulcted the squadron-commander for expelling Alcibiades from the squadron to the confusion of the order they had settled; and to have instructed the commander to erase his name from the roll of the infantry.

5. σκέψασθε δέ, ὦ ἄνδρες δικασταί, ἐὰν ἱκανὸν γένηται τεκμήριον ὅτι οὐδείς πω τῶν ἀρχόντων ἐν τῷ στρατοπέδῳ Ἀλκιβιάδῃ ἦν παρεσκευασμένος. ἐχρῆν γὰρ αὐτούς, εἴπερ ἀληθῆ λέγουσιν, ἀνακαλεῖν μὲν Πάμφιλον, ὅτι ἀφαιρῶν τὸν ἵππον ἱππέως ἀπεστέρει τὴν πόλιν, ἐπιβάλλειν δὲ τῷ φυλάρχῳ, ὅτι ἐξελαύνων Ἀλκιβιάδην ἐκ τῆς φυλῆς ἄκυρον ἐποίει τὴν τούτων τάξιν, κελεύειν δὲ τὸν ταξίαρχον ἐξαλείφειν αὐτὸν ἐκ τοῦ τῶν ὁπλιτῶν καταλόγου.

6. But in fact they did nothing of the sort: while he was in the army, they suffered him to be grossly insulted by all, and left to serve among the mounted archers; but now that you have to do justice upon the guilty, they obligingly testify that he has taken that rank by their orders. But I say it is monstrous, gentlemen, that although the generals themselves, who have been duly elected by the people, would not dare to take command of us before they had passed their scrutiny in compliance with the laws, Alcibiades should dare to take his rank from them in violation of the laws of our city.

6. νῦν δὲ τούτων οὐδὲν ἐποίησαν, ἀλλʼ ἐν μὲν τῷ στρατοπέδῳ περιεώρων αὐτὸν ὑπὸ πάντων προπηλακιζόμενον κἀν τοῖς ἱπποτοξόταις ἱππεύοντα, ἐπειδὴ δὲ ὑμᾶς δεῖ παρὰ τῶν ἀδικούντων δίκην λαμβάνειν, χαριζόμενοι μαρτυροῦσιν ὑφʼ ἑαυτῶν αὐτὸν τετάχθαι. καίτοι δεινόν, ὦ ἄνδρες δικασταί, αὐτοὺς μὲν τοὺς στρατηγοὺς ὑπὸ τοῦ δήμου χειροτονηθέντας μὴ ἂν τολμῆσαι πρότερον ἡμῶν ἡγήσασθαι, ἕως [ἂν] ἐδοκιμάσθησαν κατὰ τοὺς νόμους, Ἀλκιβιάδην δὲ τολμᾶν παρὰ τοὺς τῆς πόλεως νόμους ὑπʼ αὐτῶν ταχθῆναι.

7. And it is monstrous also, in my opinion, gentlemen, that whereas it is not in their power to take a man at their own pleasure from the cavalrymen who have passed scrutiny, and enrol him in the infantry, it should be in their power to pass a man at their pleasure from the infantry into the cavalry without scrutiny.

7. δεινὸν δέ μοι δοκεῖ εἶναι, ὦ ἄνδρες δικασταί, εἰ τῶν μὲν δεδοκιμασμένων ἱππέων οὐκ ἐπὶ τούτοις ἐστὶν ὅντινα βούλονται αὐτοὶ εἰς τοὺς ὁπλίτας καταλέξαι, τῶν δὲ ὁπλιτῶν ἀδοκιμάστων ὄντων ἐπὶ τούτοις ἔσται ὅντινʼ ἂν βούλωνται ἱππεύειν.

8. Now, gentlemen, if they were entitled so to act, and allowed none of the many others who so desired to serve in the cavalry, you would not be justified in obliging them; but if they admit that they were not entitled to rank him as they have done, you should reflect that you have sworn to decide according to justice, and not to vote in compliance with these men; and so you ought not to have more regard for any of these suitors than for yourselves and your oaths.

8. εἰ μὲν τοίνυν, ὦ ἄνδρες δικασταί, ὄντες κύριοι πολλῶν βουλομένων μηδένα τῶν ἄλλων ἱππεύειν εἴασαν, οὐκ ἂν δικαίως χαρίζοισθε αὐτοῖς· εἰ δʼ ἄκυροι ὄντες ὁμολογήσουσι τάξαι, ἐνθυμεῖσθαι χρὴ ὅτι ὀμωμόκατε τὰ δίκαια γνώσεσθαι, ἀλλʼ οὐχ ὅ τι ἂν οὗτοι κελεύωσι ψηφιεῖσθαι, ὥστε οὐδένα χρὴ τῶν δεομένων περὶ πλείονος ὑμῶν αὐτῶν καὶ τῶν ὅρκων ποιεῖσθαι.

9. Moreover, gentlemen, if any of you thinks the penalty a heavy one and the law too severe, he should remember that you have come here, not to legislate on these affairs, but to vote in accordance with the established laws; not to pity the guilty, but much rather to be angry with them and to be protectors of the whole State. For you know well that by punishing a few for what has been done in the past you will improve the discipline of many among those who have to face danger in the future.

9. καὶ μὲν δή, ὦ ἄνδρες δικασταί, εἴ τῳ δοκεῖ μεγάλη ἡ ζημία εἶναι καὶ λίαν ἰσχυρὸς ὁ νόμος, μεμνῆσθαι χρὴ ὅτι οὐ νομοθετήσοντες περὶ αὐτῶν ἥκετε, ἀλλὰ κατὰ τοὺς κειμένους νόμους ψηφιούμενοι, οὐδὲ τοὺς ἀδικοῦντας ἐλεήσοντες, ἀλλὰ πολὺ μᾶλλον αὐτοῖς ὀργιούμενοι καὶ ὅλῃ τῇ πόλει βοηθήσοντες, εὖ εἰδότες ὅτι ὑπὲρ τῶν παρεληλυθότων ὀλίγους τιμωρησάμενοι πολλοὺς ποιήσετε κοσμιωτέρους ἐν τοῖς μέλλουσι κινδυνεύειν.

10. And, gentlemen, just as this person has disregarded the State to provide for his own safety, so you should disregard him in voting what is best for the State; especially since you have sworn oaths and have to vote on Alcibiades, who, if he is able to deceive you, will go away mocking at the city. For he will show you no gratitude for the benefit covertly gained from your vote, since he repays with injury the open assistance of any of his friends.

10. χρὴ δέ, ὦ ἄνδρες δικασταί, ὥσπερ οὗτος ἀμελήσας τῆς πόλεως τὴν αὑτοῦ σωτηρίαν ἐσκέψατο, οὕτως ὑμᾶς ἀμελήσαντας τούτου τῇ πόλει τὰ βέλτιστα ψηφίσασθαι, ἄλλως τε καὶ ὅρκους ὀμωμοκότας καὶ περὶ Ἀλκιβιάδου μέλλοντας ψηφίσασθαι, ὃς ἐὰν ὑμᾶς ἐξαπατήσῃ, καταγελῶν τῆς πόλεως ἄπεισιν· οὐ γὰρ δὴ χάριν γε ὑμῖν ἀποδώσει τῇ ψήφῳ κρύβδην εὖ παθών, ὃς τῶν φίλων τοὺς φανερῶς αὐτὸν εὖ ποιήσαντας κακῶς ποιεῖ.

11. You therefore, gentlemen, must have less regard for the requests of these persons than for the laws, and give the vote that is just. It has been proved that he was enrolled in the infantry, that he deserted the ranks, that despite the prohibition of the laws he served in the cavalry without passing the scrutiny, and that in respect of matters in which the laws expressly declare that neither general nor brigadier nor anyone else can override their authority he, a private person, has given himself a free hand.

11. ὑμεῖς οὖν, ὦ ἄνδρες δικασταί, τὰς τούτων δεήσεις περὶ ἐλάττονος ποιησάμενοι τὰ δίκαια ψηφίσασθε. ἀποδέδεικται δὲ καταλεγεὶς εἰς τοὺς ὁπλίτας καὶ λιπὼν τὴν τάξιν καὶ τῶν νόμων κωλυόντων ἀδοκίμαστος ἱππεύσας, καὶ περὶ ὧν οἱ νόμοι διαρρήδην οὔτε στρατηγὸν οὔτε ἵππαρχον οὔτε ἄλλον οὐδένα κυριώτερον ἐκείνων ἀποδεικνύουσι, περὶ τούτων ἰδιώτης ὢν τὴν ἐξουσίαν αὑτῷ δεδωκώς.

12. Now I, as seeking to support my friend Archestratides, and to punish my own enemy Alcibiades, request you to give the vote that is just. You should have the same feelings in recording that vote as when you were expecting your supreme ordeal in face of the enemy.

12. ἐγὼ μὲν οὖν καὶ φίλῳ ὄντι Ἀρχεστρατίδῃ βοηθῶν, καὶ Ἀλκιβιάδην ἐχθρὸν ὄντα ἐμαυτοῦ τιμωρούμενος, δέομαι τὰ δίκαια ψηφίσασθαι· ὑμᾶς δὲ χρὴ τὴν αὐτὴν γνώμην ἔχοντας τὴν ψῆφον φέρειν, ἥνπερ ὅτε ᾤεσθε πρὸς τοὺς πολεμίους διακινδυνεύσειν.