--- title: "Against Nicomachus · Κατὰ Νικομάχου γραμματέως εὐθυνῶν κατηγορία" author: "Lysias" translator: "W. R. M. Lamb" languages: [grc, en] shelf: "Classical Greek" section: 1 of 1 url: https://scriptura.si/works/lysias-against-nicomachus/1/ cite: "Lysias, tr. W. R. M. Lamb, Against Nicomachus · Κατὰ Νικομάχου γραμματέως εὐθυνῶν κατηγορία, section 1. Scriptura (scriptura.si), https://scriptura.si/works/lysias-against-nicomachus/1/" --- # Against Nicomachus · Κατὰ Νικομάχου γραμματέως εὐθυνῶν κατηγορία *Lysias, tr. W. R. M. Lamb* Against the clerk who took years to write up the laws of Athens. > Greek: ed. W.R.M. Lamb, from the Perseus Digital Library (canonical-greekLit, tlg0540.tlg030, CC BY-SA 4.0). > English: W. R. M. Lamb, from the Perseus Digital Library (tlg0540.tlg030.perseus-eng2). Notes are not included. > Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence. ## 1. Sections 1–35 Source: https://scriptura.si/works/lysias-against-nicomachus/1/ · cite a paragraph as https://scriptura.si/works/lysias-against-nicomachus/1/#p-N [¶0] 1. There have been cases, gentlemen of the jury, of persons who, when brought to trial, have appeared to be guilty, but who, on showing forth their ancestors’ virtues and their own benefactions, have obtained your pardon. Since, therefore, you are satisfied with the plea of the defendants, if they are shown to have done some service to the State, it is fair that you should also listen to the accusers, if they show forth a long course of villainy in the accused. > Greek: 1. ἤδη, ὦ ἄνδρες δικασταί, τινὲς εἰς κρίσιν καταστάντες ἀδικεῖν μὲν ἔδοξαν, ἀποφαίνοντες δὲ τὰς τῶν προγόνων ἀρετὰς καὶ τὰς σφετέρας αὐτῶν εὐεργεσίας συγγνώμης ἔτυχον παρʼ ὑμῶν. ἐπειδὴ τοίνυν καὶ τῶν ἀπολογουμένων ἀποδέχεσθε, ἐάν τι ἀγαθὸν φαίνωνται τὴν πόλιν πεποιηκότες, ἄξιον καὶ τῶν κατηγόρων ὑμᾶς ἀκροάσασθαι, ἐὰν ἀποφαίνωσι τοὺς φεύγοντας πάλαι πονηροὺς ὄντας. ὅτι μὲν τοίνυν ὁ πατὴρ ὁ Νικομάχου δημόσιος ἦν, καὶ οἷα νέος ὢν οὗτος ἐπετήδευσε, καὶ ὅσα ἔτη γεγονὼς εἰς τοὺς φράτερας εἰσήχθη, πολὺ ἂν ἔργον εἴη, λέγειν· [¶1] 2. Now, to tell how Nicomachus’s father was a public slave, and what were the man’s own occupations in his youth, and at what age he was admitted to his clan, would be a lengthy affair: but when he became a commissioner for transcribing the laws, it is common knowledge what outrages he committed on the city. For whereas he had been instructed to transcribe the laws of Solon within four months, he usurped the place of Solon as lawgiver, extended his office over six years instead of four months, and day by day, in return for payment, he inserted some laws and erased others. > Greek: 2. ἐπειδὴ δὲ τῶν νόμων ἀναγραφεὺς ἐγένετο, τίς οὐκ οἶδεν οἷα τὴν πόλιν ἐλυμήνατο; προσταχθὲν γὰρ αὐτῷ τεττάρων μηνῶν ἀναγράψαι τοὺς νόμους τοὺς Σόλωνος, ἀντὶ μὲν Σόλωνος αὑτὸν νομοθέτην κατέστησεν, ἀντὶ δὲ τεττάρων μηνῶν ἑξέτη τὴν ἀρχὴν ἐποιήσατο, καθʼ ἑκάστην δὲ ἡμέραν ἀργύριον λαμβάνων τοὺς μὲν ἐνέγραφε τοὺς δὲ ἐξήλειφεν. [¶2] 3. We were brought to such a pass that we had our laws dispensed to us from his hands, and parties to suits produced opposite laws in the courts, both sides asserting that they had obtained them from Nicomachus. When the magistrates imposed summary fines on him, and brought him up in court, he refused to hand over the laws: nay, the city was already involved in the gravest disasters, and still he had not been relieved of his office, nor had submitted to an audit of his proceedings. > Greek: 3. εἰς τοῦτο δὲ κατέστημεν ὥστε ἐκ τῆς τούτου χειρὸς ἐταμιευόμεθα τοὺς νόμους καὶ οἱ ἀντίδικοι ἐπὶ τοῖς δικαστηρίοις ἐναντίους παρείχοντο, ἀμφότεροι παρὰ Νικομάχου φάσκοντες εἰληφέναι. ἐπιβαλλόντων δὲ τῶν ἀρχόντων ἐπιβολὰς καὶ εἰσαγόντων εἰς τὸ δικαστήριον οὐκ ἠθέλησε παραδοῦναι τοὺς νόμους· ἀλλὰ πρότερον ἡ πόλις εἰς τὰς μεγίστας συμφορὰς κατέστη, πρὶν τοῦτον ἀπαλλαγῆναι τῆς ἀρχῆς καὶ τῶν πεπραγμένων εὐθύνας ὑποσχεῖν. [¶3] 4. And observe, gentlemen, how, having suffered no punishment for that conduct, he has now turned his new office to similar account: first, he has been transcribing for four years, when he could have discharged his duty in thirty days; and second, although he had definite orders as to the texts that he had to transcribe, he assumed supreme authority over the whole code, and after handling more business than anyone had ever done before he is the only person who has held office without submitting to an audit. Everyone else, with each new presidency, renders an account of his office; but you, Nicomachus, have not deigned to show your accounts for as much as four years; you, alone of the citizens, claim licence to hold office for a lengthy period, without either submitting to an audit, or obeying the decrees, or respecting the laws: you insert this, and erase that, and carry insolence to such a pitch that you regard the State’s property as yours, who are yourself its slave! > Greek: 4. καὶ γάρ τοι, ὦ ἄνδρες δικασταί, ἐπειδὴ ἐκείνων δίκην οὐ δέδωκεν, ὁμοίαν καὶ νῦν τὴν ἀρχὴν κατεστήσατο, ὅστις πρῶτον μὲν τέτταρα ἔτη ἀνέγραψεν, ἐξὸν αὐτῷ τριάκοντα ἡμερῶν ἀπαλλαγῆναι· ἔπειτα διωρισμένον ἐξ ὧν ἔδει ἀναγράφειν, αὑτὸν ἁπάντων κύριον ἐποιήσατο, καὶ ὅσα ⟨οὐδεὶς πώποτε⟩ διαχειρίσας μόνος οὗτος τῶν ἀρξάντων εὐθύνας οὐκ ἔδωκεν, ἀλλʼ οἱ μὲν ἄλλοι τῆς αὑτῶν ἀρχῆς κατὰ πρυτανείαν λόγον ἀποφέρουσι, σὺ δέ, ὦ Νικόμαχε, οὐδὲ τεττάρων ἐτῶν ἠξίωσας ἐγγράψαι, ἀλλὰ μόνῳ σοὶ τῶν πολιτῶν ἐξεῖναι νομίζεις ἄρχειν πολὺν χρόνον, καὶ μήτε εὐθύνας διδόναι μήτε τοῖς ψηφίσμασι πείθεσθαι μήτε τῶν νόμων φροντίζειν, ἀλλὰ τὰ μὲν ἐγγράφεις τὰ δʼ ἐξαλείφεις, καὶ εἰς τοῦτο ὕβρεως ἥκεις ὥστε σαυτοῦ νομίζεις εἶναι τὰ τῆς πόλεως, [¶4] 6. It is your duty, therefore, gentlemen of the jury, to remember what was the ancestry of Nicomachus, and also how ungrateful has been his treatment of you with his illegal acts, and to punish him: so, since you have not made him pay the penalty for each one of them, exact requital now, at any rate, for them all. > Greek: 6. αὐτὸς δημόσιος ὤν. ὑμᾶς τοίνυν χρή, ὦ ἄνδρες δικασταί, ἀναμνησθέντας καὶ τῶν προγόνων τῶν Νικομάχου, οἵτινες ἦσαν, καὶ οὗτος ὡς ἀχαρίστως ὑμῖν προσενήνεκται παρανομήσας, κολάσαι αὐτόν, καὶ ἐπειδὴ ἑνὸς ἑκάστου δίκην οὐκ εἰλήφατε, νῦν ὑπὲρ ἁπάντων γοῦν τὴν τιμωρίαν ποιήσασθαι. [¶5] 7. It may be, gentlemen, that, failing to find a plea for his own defence, he will try to slander me: but I would ask you only to credit this man’s account of my life when, on having to defend myself, I fail to convict him of falsehood. If by chance he should venture on a repetition of what he stated before the Council,—that I was one of the Four Hundred,—reflect that on the basis of such statements as this the Four Hundred will number more than a thousand; for on those who were still but children at that time, or were not residing here, this aspersion is commonly cast by persons of slanderous intent. > Greek: 7. ἴσως δέ, ὦ ἄνδρες δικασταί, ἐπειδὰν περὶ αὑτοῦ μηδὲν δύνηται ἀπολογεῖσθαι, ἐμὲ διαβάλλειν πειράσεται. τότε δὲ περὶ τῶν ἐμῶν τούτῳ ἀξιῶ πιστεύειν ὑμᾶς, ὁπόταν ἀπολογίας ἐμοὶ δοθείσης μὴ δύνωμαι ψευδόμενον αὐτὸν ἐξελέγξαι. ἐὰν δʼ ἄρα ἐπιχειρῇ λέγειν ἅπερ ἐν τῇ βουλῇ, ὡς ἐγὼ τῶν τετρακοσίων ἐγενόμην, ἐνθυμεῖσθε ὅτι ἐκ τῶν τοιαῦτα λεγόντων τῶν τετρακοσίων πλεῖν ἢ χίλιοι γενήσονται· καὶ γὰρ τοὺς ἔτι παῖδας ὄντας ἐν ἐκείνῳ τῷ χρόνῳ καὶ τοὺς ἀποδημοῦντας οἱ διαβάλλειν βουλόμενοι ταῦτα λοιδοροῦσιν. [¶6] 8. But for my part, so far was I from being one of the Four Hundred that I was not even included in the list of the Five Thousand. And I consider it monstrous that, although in a suit concerning private contracts, had I convicted him as plainly as here of wrongdoing, he would not even himself have expected to obtain an acquittal by resorting to such a defence, he now, on his trial for matters of public interest, is to count on escaping punishment at your hands by accusing me. > Greek: 8. ἐγὼ δὲ οὕτω πολλοῦ ἐδέησα τῶν τετρακοσίων γενέσθαι, ὥστε οὐδὲ τῶν πεντακισχιλίων κατελέγην. δεινὸν δέ μοι δοκεῖ εἶναι ὅτι, εἰ μὲν περὶ ἰδίων συμβολαίων ἀγωνιζόμενος οὕτω φανερῶς ἐξήλεγχον αὐτὸν ἀδικοῦντα, οὐδʼ ἂν αὐτὸς ἠξίωσε τοιαῦτα ἀπολογούμενος ἀποφεύγειν, νυνὶ δὲ περὶ τῶν τῆς πόλεως κρινόμενος οἰήσεται χρῆναι ἐμοῦ κατηγορῶν ὑμῖν μὴ δοῦναι δίκην. [¶7] 9. Moreover, I find it astonishing that Nicomachus should think fit to stir up resentment against others in this criminal way, when I mean to prove that he hatched mischief against the people. And now listen to me; for it is justifiable, gentlemen of the jury, to admit such accusations in the case of men who, having combined at that time to subvert the democracy, would represent themselves today as democrats. > Greek: 9. ἔτι δὲ εἶναι θαυμαστὸν νομίζω Νικόμαχον ἑτέροις ἀδίκως μνησικακεῖν ἀξιοῦν, ὃν ἐγὼ ἐπιβουλεύσαντα τῷ πλήθει ἀποδείξω. καί μου ἀκούσατε· δίκαιον γάρ, ὦ ἄνδρες δικασταί, περὶ τῶν τοιούτων ἀνθρώπων τὰς τοιαύτας κατηγορίας ἀποδέχεσθαι, οἵτινες τότε συγκαταλύσαντες τὸν δῆμον νυνὶ δημοτικοί φασιν εἶναι. [¶8] 10. After the loss of our ships, when the revolution was being arranged, Cleophon reviled the Council, declaring that it was in conspiracy and was not seeking the best interests of the State. Satyrus of Cephisia, one of the Council, persuaded them to arrest him and hand him over to the court. > Greek: 10. ἐπειδὴ γὰρ ἀπολομένων τῶν νεῶν ἡ μετάστασις ἐπράττετο, Κλεοφῶν τὴν βουλὴν ἐλοιδόρει, φάσκων συνεστάναι καὶ ⟨οὐ⟩ τὰ βέλτιστα βουλεύειν τῇ πόλει. Σάτυρος δʼ ὁ Κηφισιεὺς βουλεύων ἔπεισε τὴν βουλὴν δήσαντας αὐτὸν παραδοῦναι δικαστηρίῳ. οἱ δὲ βουλόμενοι αὐτὸν ἀπολέσαι, δεδιότες μὴ οὐκ ἀποκτείνωσιν ἐν τῷ δικαστηρίῳ, πείθουσι Νικόμαχον νόμον ἀποδεῖξαι ὡς χρὴ καὶ τὴν βουλὴν συνδικάζειν. [¶9] 11. Those who wished to do away with him, fearing that they would fail of a death-sentence in the law-court, persuaded Nicomachus to exhibit a law requiring the Council to partake in the trial as assessors. And this man, the worst of villains, was so open in his support of the plot that on the day of the trial he exhibited the law. Now against Cleophon, gentlemen of the jury, one might have other accusations to urge; but one thing is admitted on all sides,—that the subverters of the democracy desired to get him out of their way more than any other of the citizens, and that Satyrus and Chremon, who were members of the Thirty, accused Cleophon, not from any anger at your fate, but in order that, having put that man to death, they might injure you themselves. > Greek: 11. καὶ ὁ πάντων οὗτος πονηρότατος οὕτως φανερῶς συνεστασίασεν, ὥστε τῇ ἡμέρᾳ ᾗ ἡ κρίσις ἐγένετο ἀποδεῖξαι τὸν νόμον. Κλεοφῶντος τοίνυν, ὦ ἄνδρες δικασταί, ἕτερα μὲν ἄν τις ἔχοι κατηγορῆσαι· τοῦτο δὲ παρὰ πάντων ὁμολογεῖται, ὅτι οἱ καταλύοντες τὸν δῆμον ἐκεῖνον ἐβούλοντο μάλιστα τῶν πολιτῶν ἐκποδὼν γενέσθαι, καὶ ὅτι Σάτυρος καὶ Χρέμων οἱ τῶν τριάκοντα γενόμενοι οὐχ ὑπὲρ ὑμῶν ὀργιζόμενοι Κλεοφῶντος κατηγόρουν, ἀλλʼ ἵνα ἐκεῖνον ἀποκτείναντες αὐτοὶ αὑτοὶ ὑμᾶς κακῶς ποιῶσι. [¶10] 13. And they achieved their end because of the law which Nicomachus exhibited. Now you may reasonably reflect, gentlemen,—even those of you who thought Cleophon to be a bad citizen,—that, although among those who perished under the oligarchy there were perhaps one or two villains, yet it was on account of even such sufferers that you were incensed against the Thirty, as having put them to death, not for their crimes, but for motives of party. > Greek: 13. καὶ ταῦτα διεπράξαντο διὰ τὸν νόμον ὃν Νικόμαχος ἀπέδειξεν. εἰκὸς τοίνυν, ὦ ἄνδρες δικασταί, ἐνθυμεῖσθαι καὶ ὁπόσοι ὑμῶν ἐνόμιζον Κλεοφῶντα κακὸν πολίτην εἶναι, ὅτι καὶ τῶν ἐν τῇ ὀλιγαρχίᾳ ἀποθανόντων ἴσως τις ἦν πονηρός, ἀλλʼ ὅμως καὶ διὰ τοὺς τοιούτους ὠργίζεσθε τοῖς τριάκοντα, ὅτι οὐ τῶν ἀδικημάτων ἕνεκα ἀλλὰ κατὰ στάσιν αὐτοὺς ἀπέκτειναν. [¶11] 14. If, therefore, he tries to rebut this charge, you have merely to remember that he exhibited the law at that very moment when the revolution was being effected, with the aim of gratifying those who had subverted the democracy; and that he included as assessors at the trial that Council in which Satyrus and Chremon had the chief influence, and which put to death Strombichides, Calliades and a number of loyal and upright citizens. > Greek: 14. ἐὰν οὖν πρὸς ταῦτα ἀπολογῆται, τοσοῦτον μέμνησθε, ὅτι ἐν τοιούτῳ καιρῷ τὸν νόμον ἀπέδειξεν ἐν ᾧ ἡ πολιτεία μεθίστατο, καὶ τούτοις χαριζόμενος οἳ τὸν δῆμον κατέλυσαν, καὶ ταύτην τὴν βουλὴν συνδικάζειν ἐποίησεν ἐν ᾗ Σάτυρος μὲν καὶ Χρέμων μέγιστον ἐδύναντο, Στρομβιχίδης δὲ καὶ Καλλιάδης καὶ ἕτεροι πολλοὶ καὶ καλοὶ κἀγαθοὶ τῶν πολιτῶν ἀπώλλυντο. [¶12] 15. I should have made no reference to these events had I not learnt that he was going to attempt, by posing as a democrat, to save himself in despite of justice, and that he would produce his exile as a proof of his attachment to the people. But I on my part could point out others among those who combined to subvert the democracy who were either put to death or exiled and debarred from the citizenship, so that he cannot expect to get any credit on that account. > Greek: 15. καὶ περὶ τούτων οὐδένα ἂν ἐποιησάμην λόγον, εἰ μὴ ᾐσθανόμην αὐτὸν ὡς δημοτικὸν ὄντα πειρασόμενον παρὰ τὸ δίκαιον σῴζεσθαι, καὶ τῆς εὐνοίας τῆς εἰς τὸ πλῆθος τεκμηρίῳ χρησόμενον ὅτι ἔφυγεν. ἐγὼ δὲ καὶ ἑτέρους ἂν ἔχοιμι ἐπιδεῖξαι τῶν συγκαταλυσάντων τὸν δῆμον τοὺς μὲν ἀποθανόντας, τοὺς δὲ φυγόντας τε καὶ οὐ μετασχόντας τῆς πολιτείας, ὥστε οὐδένα εἰκὸς αὐτῷ τούτου ὑπόλογον γενέσθαι. [¶13] 16. For while this man did contribute his share to your exile, he owed his return to you, the people. And besides, it would be monstrous if you should feel grateful to him for what he underwent against his will, but should exact no requital for his voluntary offences. > Greek: 16. τοῦ μὲν γὰρ ὑμᾶς φυγεῖν μέρος τι καὶ οὗτος συνεβάλετο, τοῦ δὲ τοῦτον κατελθεῖν τὸ πλῆθος τὸ ὑμέτερον αἴτιον ἐγένετο. ἔτι δὲ καὶ δεινόν, εἰ ὧν μὲν ἄκων ἔπαθε χάριν αὐτῷ εἴσεσθε, ὧν δʼ ἑκὼν ἐξήμαρτε μηδεμίαν τιμωρίαν ποιήσεσθε. [¶14] 17. I am informed that he alleges that I am guilty of impiety in seeking to abolish the sacrifices. But if it were I who were law-making over this transcription of our code, I should take it to be open to Nicomachus to make such a statement about me. But in fact I am merely claiming that he should obey the code established and patent to all; and I am surprised at his not observing that, when he taxes me with impiety for saying that we ought to perform the sacrifices named in the tablets and pillars as directed in the regulations, he is accusing the city as well: for they are what you have decreed. And then, sir, if you feel these to be hard words, surely you must attribute grievous guilt to those citizens who used to sacrifice solely in accordance with the tablets. > Greek: 17. πυνθάνομαι δὲ αὐτὸν λέγειν ὡς ἀσεβῶ καταλύων τὰς θυσίας. ἐγὼ δʼ εἰ μὲν νόμους ἐτίθην περὶ τῆς ἀναγραφῆς, ἡγούμην ἂν ἐξεῖναι Νικομάχῳ τοιαῦτα εἰπεῖν περὶ ἐμοῦ· νῦν δὲ τοῖς κοινοῖς καὶ κειμένοις ἀξιῶ τοῦτον πείθεσθαι. θαυμάζω δὲ εἰ μὴ ἐνθυμεῖται, ὅταν ἐμὲ φάσκῃ ἀσεβεῖν λέγοντα ὡς χρὴ θύειν τὰς θυσίας τὰς ἐκ τῶν κύρβεων καὶ τῶν στηλῶν κατὰ τὰς συγγραφάς, ὅτι καὶ τῆς πόλεως κατηγορεῖ· ταῦτα γὰρ ὑμεῖς ἐψηφίσασθε. ἔπειτα εἰ ταῦτα νομίζεις δεινά, ἦ που σφόδρα ἐκείνους ἡγεῖ ἀδικεῖν, οἳ τὰ ἐκ τῶν κύρβεων μόνον ἔθυον. [¶15] 18. But of course, gentlemen of the jury, we are not to be instructed in piety by Nicomachus, but are rather to be guided by the ways of the past. Now our ancestors, by sacrificing in accordance with the tablets, have handed down to us a city superior in greatness and prosperity to any other in Greece; so that it behoves us to perform the same sacrifices as they did, if for no other reason than that of the success which has resulted from those rites. > Greek: 18. καίτοι, ὦ ἄνδρες δικασταί, περὶ εὐσεβείας οὐ παρὰ Νικομάχου χρὴ μανθάνειν, ἀλλʼ ἐκ τῶν γεγενημένων σκοπεῖν. οἱ τοίνυν πρόγονοι τὰ ἐκ τῶν κύρβεων θύοντες μεγίστην καὶ εὐδαιμονεστάτην τῶν Ἑλληνίδων τὴν πόλιν παρέδοσαν, ὥστε ἄξιον ἡμῖν τὰς αὐτὰς ἐκείνοις θυσίας ποιεῖσθαι, καὶ εἰ μηδὲν διʼ ἄλλο, τῆς τύχης ἕνεκα τῆς ἐξ ἐκείνων τῶν ἱερῶν γεγενημένης. [¶16] 19. And how could a man show greater piety than mine, when I demand, first that our sacrifices be performed according to our ancestral rules, and second that they be those which tend to promote the interests of the city, and finally those which the people have decreed and which we shall be able to afford out of the public revenue? But you, Nicomachus, have done the opposite of this: by entering in your copy a greater number than had been ordained you have caused the public revenue to be expended on these, and hence to be deficient for our ancestral offerings. > Greek: 19. πῶς δʼ ἄν τις εὐσεβέστερος γένοιτο ἐμοῦ, ὅστις ἀξιῶ πρῶτον μὲν κατὰ τὰ πάτρια θύειν, ἔπειτα ἃ μᾶλλον συμφέρει τῇ πόλει, ἔτι δὲ ἃ ὁ δῆμος ἐψηφίσατο καὶ δυνησόμεθα δαπανᾶν ἐκ τῶν προσιόντων χρημάτων; σὺ δέ, ὦ Νικόμαχε, τούτων τἀναντία πεποίηκας· ἀναγράψας γὰρ πλείω τῶν προσταχθέντων αἴτιος γεγένησαι τὰ προσιόντα χρήματα εἰς ταῦτα μὲν ἀναλίσκεσθαι, ἐν δὲ ταῖς πατρίοις θυσίαις ἐπιλείπειν. [¶17] 20. For example, last year some sacrifices, costing three talents, were in abeyance, though they were among those inscribed on the tablets. And it cannot be said that the revenues of the State were insufficient; for if this man had not entered sacrifices to an excess amounting to six talents, there would have been enough for our ancestral offerings, and moreover the State would have had a surplus of three talents. In support of these statements I will add the evidence of witnesses. > Greek: 20. αὐτίκα πέρυσιν ἱερὰ ἄθυτα τριῶν ταλάντων γεγένηται τῶν ἐν ταῖς κύρβεσι γεγραμμένων. καὶ οὐχ οἷόν τε εἰπεῖν ὡς οὐχ ἱκανὰ ἦν ἃ προσῆλθε τῇ πόλει· εἰ γὰρ οὗτος μὴ πλείω ἀνέγραψεν ἓξ ταλάντοις, εἴς τε τὰς θυσίας τὰς πατρίους ἂν ἐξήρκεσε καὶ τρία τάλαντα ἂν περιεγένετο τῇ πόλει. περὶ δὲ τῶν εἰρημένων καὶ μάρτυρας ὑμῖν παρέξομαι. [¶18] 21. Witnesses Reflect, therefore, gentlemen of the jury, that when we proceed in accordance with the regulations, all the ancestral offerings are made; but when we are guided by the pillars as copied by this man, numerous rites are abolished. Whereupon the sacrilegious wretch runs about saying that his transcription was piety and not parsimony, and that if you do not approve of his work you had better erase it: by this means he thinks to persuade you of his innocence. Yet in two years he has managed to spend twelve talents more than was necessary, and has endeavored to mulct the State in a sum of six talents each year,—and that too when he saw her in difficulties for money, the Lacedaemonians threatening us if we failed to remit them their payments, the Boeotians taking reprisals because we could not refund two talents, and the shipping sheds and the walls falling to pieces; when he knew that the Council for the time being is not led into error if it has sufficient means for the administration, but is forced in a time of difficulty to accept impeachments, to confiscate the property of our citizens, and to be swayed by the most unprincipled of its orators! > Greek: 21. Μάρτυρες ἐνθυμεῖσθε τοίνυν, ὧ ἄνδρες δικασταί, ὅτι, ὅταν μὲν κατὰ τὰς συγγραφὰς ποιῶμεν, ἅπαντα τὰ πάτρια θύεται, ἐπειδὰν δὲ κατὰ τὰς στήλας ἃς οὗτος ἀνέγραψε, πολλὰ τῶν ἱερῶν καταλύεται. κἀν τούτοις ὁ ἱερόσυλος περιτρέχει, λέγων ὡς εὐσέβειαν ἀλλʼ οὐκ εὐτέλειαν ἀνέγραψε· καὶ εἰ μὴ ταῦτα ὑμῖν ἀρέσκει, ἐξαλείφειν κελεύει, καὶ ἐκ τούτων οἴεται πείθειν ὡς οὐδὲν ἀδικεῖ· ὃς ἐν δυοῖν μὲν ἐτοῖν πλείω ἤδη τοῦ δέοντος δώδεκα ταλάντοις ἀνήλωσε, παρʼ ἕκαστον δὲ τὸν ἐνιαυτὸν ἐπεχείρησεν ἓξ ταλάντοις τὴν πόλιν ζημιῶσαι, καὶ ταῦτα ὁρῶν αὐτὴν ἀποροῦσαν χρημάτων καὶ Λακεδαιμονίους μὲν ἀπειλοῦντας, ὅταν μὴ ἀποπέμψωμεν αὐτοῖς τὰ χρήματα, Βοιωτοὺς δὲ σύλας ποιουμένους, ὅτι οὐ δυνάμεθα δύο τάλαντα ἀποδοῦναι, τοὺς δὲ νεωσοίκους ⟨καὶ⟩ τὰ τείχη περικαταρρέοντα, εἰδὼς δὲ ὅτι ἡ βουλὴ ἡ ⟨ἀεὶ⟩ βουλεύουσα, ὅταν μὲν ἔχῃ ἱκανὰ χρήματα εἰς διοίκησιν, οὐδὲν ἐξαμαρτάνει, ὅταν δὲ εἰς ἀπορίαν καταστῇ, ἀναγκάζεται εἰσαγγελίας δέχεσθαι καὶ δημεύειν τὰ τῶν πολιτῶν καὶ τῶν ῥητόρων τοῖς ⟨τὰ⟩ πονηρότατα λέγουσι πείθεσθαι. [¶19] 23. You ought therefore, gentlemen, to be incensed, not with those who happen to be on the Council, but with those who reduce the State to these awful straits. And the men who seek to rob the public purse are watching closely to see how Nicomachus will fare in these proceedings. If you do not punish him, you will grant them absolute licence; but if you condemn him and award him your heaviest sentence, by the same vote you will reform the rest, and will have done justice upon this man. > Greek: 23. χρὴ τοίνυν, ὦ ἄνδρες δικασταί, μὴ τοῖς βουλεύουσιν ἑκάστοτε ὀργίζεσθαι, ἀλλὰ τοῖς εἰς τοιαύτας ἀπορίας καθιστᾶσι τὴν πόλιν. προσέχουσι ⟨δὲ⟩ τὸν νοῦν οἱ βουλόμενοι τὰ κοινὰ κλέπτειν, ὅπως Νικόμαχος ἀγωνιεῖται· οἷς ὑμεῖς, ἐὰν μὴ τοῦτον τιμωρήσησθε, πολλὴν ἄδειαν ποιήσετε· ἐὰν δὲ καταψηφισάμενοι τῶν ἐσχάτων αὐτῶ τιμήσητε, τῇ αὐτῇ ψήφῳ τούς τε ἄλλους βελτίους ποιήσετε καὶ παρὰ τούτου δίκην εἰληφότες ἔσεσθε. [¶20] 24. Understand, gentlemen of the jury, that it will be an example to the rest, and will deter them from committing offences against you, if instead of punishing unskillful speakers you exact requital from the skillful. And from whom amongst our citizens could it be more suitably exacted than from Nicomachus? Who has rendered less service or done more wrong to the city? > Greek: 24. ἐπίστασθε δέ, ὦ ἄνδρες δικασταί, ὅτι παράδειγμα τοῖς ἄλλοις ἔσται μὴ τολμᾶν εἰς ὑμᾶς ἐξαμαρτάνειν οὐχ ὅταν τοὺς ἀδυνάτους εἰπεῖν κολάζητε, ἀλλʼ ὅταν παρὰ τῶν δυναμένων λέγειν δίκην λαμβάνητε. τίς οὖν τῶν ἐν τῇ πόλει ἐπιτηδειότερος Νικομάχου δοῦναι δίκην; τίς ἐλάττω τὴν πόλιν ἀγαθὰ πεποίηκεν ἢ πλείω ἠδίκηκεν; [¶21] 25. Appointed to transcribe our code of duties, secular and sacred, he has offended against both. Remember that ere now you have put many of the citizens to death for peculation: yet the injury that they had done you was only for the passing moment, whereas these men, by taking bribes for the version that they made of our laws, damage the city for all time. > Greek: 25. ὃς καὶ τῶν ὁσίων καὶ τῶν ἱερῶν ἀναγραφεὺς γενόμενος εἰς ἀμφότερα ταῦτα ἡμάρτηκεν. ἀναμνήσθητε δὲ ὅτι πολλοὺς ἤδη τῶν πολιτῶν ἐπὶ κλοπῇ χρημάτων ἀπεκτείνατε. καίτοι ἐκεῖνοι μὲν τοσοῦτον μόνον ὑμᾶς ἔβλαψαν ὅσον ἐν τῷ παρόντι, οὗτοι δʼ ἐπὶ τῇ τῶν νόμων ἀναγραφῇ [καὶ τῶν ἱερῶν] δῶρα λαμβάνοντες εἰς ἅπαντα τὸν χρόνον τὴν πόλιν ζημιοῦσι. [¶22] 26. And what reason is there for acquitting this man? Because he has taken a brave man’s part in many battles by land and sea against the enemy? But while you were facing danger on naval expeditions, this man stayed at home and corrupted the laws of Solon. Or because he has disbursed money and contributed to numerous levies? But, so far from bestowing anything of his own upon you, he has embezzled a vast amount of your property. Or because of his ancestors? > Greek: 26. διὰ τί δʼ ἄν τις ἀποψηφίσαιτο τούτου; πότερον ὡς ἀνδρὸς ἀγαθοῦ πρὸς τοὺς πολεμίους καὶ πολλαῖς μάχαις καὶ ναυμαχίαις παραγεγενημένου; ἀλλὰ ὅτε ὑμεῖς ἐκινδυνεύετε ἐκπλέοντες, οὗτος αὐτοῦ μένων τοὺς Σόλωνος νόμους ἐλυμαίνετο. ἀλλʼ ὅτι χρήματα δεδαπάνηκε καὶ πολλὰς εἰσφορὰς εἰσενήνοχεν; ἀλλʼ οὐχ ὅπως ὑμῖν τῶν αὑτοῦ τι ἐπέδωκεν, ἀλλὰ τῶν ὑμετέρων πολλὰ ὑφῄρηται. ἀλλὰ διὰ τοὺς προγόνους; [¶23] 27. For this has been a reason in the past for some men obtaining your pardon. But if this man deserves to be put to death on his own account, he ought to be sold on account of his ancestors. Or is it that, if you spare him now, he will repay your favours hereafter? He does not even remember the benefits in which you allowed him to share before. > Greek: 27. ἤδη γάρ τινες καὶ διὰ τοῦτο συγγνώμης ἔτυχον παρʼ ὑμῶν. ἀλλὰ τούτῳ γε προσήκει διὰ μὲν αὑτὸν τεθνάναι, διὰ δὲ τοὺς προγόνους πεπρᾶσθαι. ἀλλʼ ὡς, ἐὰν νῦν αὐτοῦ φείσησθε, αὖθις ἀποδώσει τὰς χάριτας; ὃς οὐδʼ ὧν πρότερον μετέλαβε παρʼ ὑμῶν ἀγαθῶν μέμνηται. καίτοι ἀντὶ μὲν δούλου πολίτης γεγένηται, ἀντὶ δὲ πτωχοῦ πλούσιος, ἀντὶ δὲ ὑπογραμματέως νομοθέτης. [¶24] 28. And yet from a slave he has become a citizen, and has exchanged beggary for wealth and the position of under-clerk for that of lawgiver! And here one might even make it an accusation against you that, whereas your ancestors chose as lawgivers Solon, Themistocles and Pericles, in the belief that the laws would accord with the character of their makers, you have chosen Teisamenus, son of Mechanion, and Nicomachus, and other persons who were under-clerks; and although you feel that the magistracy is depraved by people of this sort, it is just these men who have your confidence. > Greek: 28. ἃ καὶ ὑμῶν ἔχοι ἄν τις κατηγορῆσαι, ὅτι οἱ μὲν πρόγονοι νομοθέτας ᾑροῦντο Σόλωνα καὶ Θεμιστοκλέα καὶ Περικλέα, ἡγούμενοι τοιούτους ἔσεσθαι τοὺς νόμους οἷοίπερ ἂν ὦσιν οἱ τιθέντες, ὑμεῖς δὲ Τεισαμενὸν τὸν Μηχανίωνος καὶ Νικόμαχον καὶ ἑτέρους ἀνθρώπους ὑπογραμματέας· καὶ τὰς μὲν ἀρχὰς ὑπὸ τῶν τοιούτων ἡγεῖσθε διαφθείρεσθαι, αὐτοῖς δὲ τούτοις πιστεύετε. [¶25] 29. Most extraordinary of all, though it is not permissible for the same man to act twice as under-clerk to the same magistracy, you authorize the same persons to have control over the most important affairs for a long period. And, to crown all, you have chosen Nicomachus for the transcription of our ancestral rites, when on the father’s side he has no connection with the State; > Greek: 29. ὃ δὲ πάντων δεινότατον· ὑπογραμματεῦσαι μὲν οὐκ ἔξεστι δὶς τὸν αὐτὸν τῇ ἀρχῇ τῇ αὐτῇ, περὶ δὲ τῶν μεγίστων τοὺς αὐτοὺς ἐᾶτε πολὺν χρόνον κυρίους εἶναι. καὶ τὸ τελευταῖον Νικόμαχον εἵλεσθε ἀναγράφειν τὰ πάτρια, ᾧ κατὰ πατέρα τῆς πόλεως οὐ προσήκει· [¶26] 30. and the man who ought to have been tried by the people is found to have joined in destroying the people. Today, therefore, you must repent of the things that you have done, and refuse to endure continual maltreatment from these men. You reprobate the guilty in private: do not acquit them when you are free to punish them. > Greek: 30. καὶ ὃν ἔδει ὑπὸ τοῦ δήμου κρίνεσθαι, οὗτος τὸν δῆμον συγκαταλύσας φαίνεται. νῦν τοίνυν ὑμῖν μεταμελησάτω τῶν πεπραγμένων, καὶ μὴ ὑπὸ τούτων ἀεὶ κακῶς πάσχοντες ἀνέχεσθε, μηδὲ ἰδίᾳ μὲν ὀνειδίζετε τοῖς ἀδικοῦσιν, ἐπειδὰν δʼ ἐξῇ δίκην παρʼ αὐτῶν λαμβάνειν, ἀποψηφίζεσθε. [¶27] 31. On these matters I have now said enough: but in regard to those who propose to beg him off I would make to you a few remarks. Some of his friends and some members of the government have arranged to intercede for him: several of them, in my opinion, ought much rather to defend their own acts than engage to save the guilty. > Greek: 31. καὶ περὶ μὲν τούτων ἱκανά μοι τὰ εἰρημένα· περὶ δὲ τῶν ἐξαιτησομένων βραχέα πρὸς ὑμᾶς εἰπεῖν βούλομαι. παρεσκευασμένοι ⟨γάρ⟩ τινές εἰσι καὶ τῶν φίλων καὶ τῶν τὰ τῆς πόλεως πραττόντων δεῖσθαι ὑπὲρ αὐτοῦ· ὧν ἐγὼ ἡγοῦμαι ἐνίοις προσήκειν ὑπὲρ τῶν ἑαυτοῖς πεπραγμένων ἀπολογεῖσθαι πολὺ μᾶλλον ἢ τοὺς ἀδικοῦντας σώζειν προαιρεῖσθαι. [¶28] 32. But it seems to me an extraordinary thing, gentlemen of the jury, that, when he was but one man, in no way wronged by the State, they made no attempt at requiring him to desist from his offences against you, but should seek to persuade you, who are so many and have been wronged by him, that you should not do justice upon him. > Greek: 32. δεινὸν δέ μοι δοκεῖ εἶναι, ὦ ἄνδρες δικασταί, εἰ τούτου μὲν ἑνὸς ὄντος καὶ οὐδὲν ὑπὸ τῆς πόλεως ἠδικημένου οὐκ ἐπεχείρησαν δεῖσθαι ⟨ὡς χρὴ⟩ παύσασθαι εἰς ὑμᾶς ἐξαμαρτάνοντα, ὑμᾶς δὲ τοσούτους ὄντας καὶ ἠδικημένους ὑπὸ τούτου ⟨πείθειν⟩ ζητήσουσιν ὡς οὐ χρὴ δίκην παρʼ αὐτοῦ λαμβάνειν. [¶29] 33. You ought therefore to show on your part the same zeal, with which you see them working to save their friends, in punishing your enemies, fully assured that they will be the first to think the better of you for exacting the penalty from the guilty. Reflect that not a single one of those who will plead for him has done as much service as this man has done wrong to the State, and that therefore it is much more your duty to punish than it is theirs to succor. > Greek: 33. χρὴ τοίνυν, ὥσπερ δὴ τούτους ὁρᾶτε προθύμως σῴζοντας τοὺς φίλους, οὕτως καὶ ὑμᾶς τοὺς ἐχθροὺς τιμωρεῖσθαι, εὖ εἰδότας ὅτι τούτοις πρώτοις ἄνδρες ἀμείνους δόξετε εἶναι, ἐὰν παρὰ τῶν ἀδικούντων δίκην λαμβάνητε. ἐνθυμεῖσθε δὲ ὅτι [οὔτε Νικόμαχος] οὐδὲ τῶν αἰτησομένων οὐδεὶς τοσαῦτα ἀγαθὰ πεποίηκε τὴν πόλιν, ὅσα οὗτος ἠδίκηκεν, ὥστε πολὺ μᾶλλον ὑμῖν προσήκει τιμωρεῖσθαι ἢ τούτοις βοηθεῖν. [¶30] 34. You must also know for certain that these same men have plied the prosecution with many appeals, but have utterly failed to persuade us: it is to make a base attempt on your vote that they have entered the court, and they are hoping to deceive you, and so obtain licence to act as they please in the future. > Greek: 34. εὖ δʼ εἰδέναι χρὴ τοὺς αὐτοὺς τούτους, ὅτι πολλὰ δεηθέντες τῶν κατηγόρων ἡμᾶς μὲν οὐδαμῶς ἔπεισαν, τὴν δὲ ὑμετέραν ψῆφον καταπειράσοντες εἰσεληλύθασιν εἰς τὸ δικαστήριον, καὶ ἐλπίζουσιν ὑμᾶς ἐξαπατήσαντες ἄδειαν εἰς τὸν λοιπὸν χρόνον λήψεσθαι τοῦ ποιεῖν ὅ τι ἂν βούλωνται. [¶31] 35. Now we, having refused to be swayed by the inducements of their appeal, exhort you to show the same spirit and, instead of merely detesting wickedness before it is brought to trial, to make this trial your means of punishing those who nullify your legislation. For thus everything connected with public affairs will be administered in accordance with the laws. > Greek: 35. ἡμεῖς μὲν τοίνυν οὐκ ἠθελήσαμεν ὑπὸ τούτων ἀξιούμενοι πεισθῆναι, τὸ δὲ αὐτὸ τοῦτο παρακαλοῦμεν ⟨ὑμᾶς⟩ μὴ πρὸ τῆς κρίσεως μισοπονηρεῖν, ἀλλʼ ἐν τῇ κρίσει τιμωρεῖσθαι τοὺς τὴν ὑμετέραν νομοθεσίαν ἀφανίζοντας· οὕτως γὰρ ἐννόμως διοικηθήσεται τὰ κατὰ τὴν πολιτείαν πάντα.