Humanitext Reader

Isocrates · Against Callimachus §18-28

The Amnesty Terms and the Appeal to Uphold Oaths

Passage 3 of 7 · Greek

Summary

The defendant argues that he could not have committed a wrong during the chaotic period right after the Thirty, and points out that the reconciliation treaty (amnesty) explicitly prohibits such lawsuits, urging the jury to uphold their oaths and the treaty.

§18καίτοι δοκεῖ ἂν ὑμῖν, ὅστις ἐπὶ τῶν τριάκοντα κόσμιον αὑτὸν παρέσχεν, εἰς τοῦτον ἀποθέσθαι τὸν χρόνον ἀδικεῖν, ἐν ᾧ καὶ τοῖς πρότερον ἡμαρτηκόσι μετέμελεν;
And yet, does it seem likely to you that anyone who conducted himself properly under the Thirty would postpone doing wrong to that time, in which even those who had previously offended repented?
ὃ δὲ πάντων δεινότατον, εἰ τῶν μὲν ὑπαρχόντων ἐχθρῶν μηδʼ ἀμύνεσθαι μηδένʼ ἠξίωσα, τοῦτον δὲ κακῶς ποιεῖν ἐπεχείρουν, πρὸς ὃν οὐδὲν πώποτέ μοι συμβόλαιον ἐγένετο. §19ὡς μὲν οὖν οὐκ αἴτιός εἰμι Καλλιμάχῳ τῆς τῶν χρημάτων δημεύσεως, ἱκανῶς ἀποδεδεῖχθαί μοι νομίζω·
But what is most strange of all, is if, while I did not deign to take vengeance on any of my existing enemies, I should have attempted to do harm to this man, with whom I never had any transaction. Now, that I am not responsible for the confiscation of Callimachus' property, I think has been sufficiently demonstrated.
ὡς δʼ οὐκ ἐξῆν αὐτῷ δικάζεσθαι περὶ τῶν τότε γεγενημένων, οὐδʼ εἰ πάντα ταῦτʼ ἦν πεποιηκὼς ἅ φησιν αὐτός, ἐκ τῶν συνθηκῶν γνώσεσθε.
But that it was not permitted for him to go to law concerning the events of that time, even if I had done all these things which he himself claims, you will know from the treaty.
καί μοι λαβὲ τὸ βιβλίον.
Please take and hand me the document.
"Συνθῆκαι " §20ἆρα μικρῷ τῷ δικαίῳ πιστεύων τὴν παραγραφὴν ἐποιησάμην, ἀλλʼ οὐ τῶν μὲν συνθηκῶν διαρρήδην ἀφιεισῶν τοὺς ἐνδείξαντας ἢ φήναντας ἢ τῶν ἄλλων τι τῶν τοιούτων πράξαντας, ἐμαυτὸν δʼ ἔχων ἀποφαίνειν, ὡς οὔτε ταῦτα πεποίηκα οὔτʼ ἄλλʼ οὐδὲν ἐξήμαρτον;
"Συνθῆκαι" Did I make this special plea relying on some slight justification, and not rather because the treaty explicitly acquits those who informed or denounced or did any other such things, while I am able to show that I neither did these things nor committed any other wrong?
ἀνάγνωθι δή μοι καὶ τοὺς ὅρκους. "" §21οὐκ οὖν δεινόν, ὦ ἄνδρες δικασταί, οὕτω μὲν τῶν συνθηκῶν ἐχουσῶν, τοιούτων δὲ τῶν ὅρκων γενομένων, τοσοῦτον φρονεῖν Καλλίμαχον ἐπὶ τοῖς λόγοις τοῖς αὑτοῦ ὥσθʼ ἡγεῖσθαι πείσειν ὑμᾶς ἐναντία τούτοις ψηφίσασθαι;
Please read the oaths to me as well. Is it not then shocking, gentlemen of the jury, when the treaty stands thus and such oaths have been taken, that Callimachus is so confident in his own arguments as to think he will persuade you to vote contrary to them?
καὶ εἰ μὲν ἑώρα μεταμέλον τῇ πόλει τῶν πεπραγμένων, οὐκ ἄξιον ἦν θαυμάζειν αὐτοῦ· νῦν δʼ οὐ μόνον ἐν τῇ θέσει τῶν νόμων ἐπεδείξασθε περὶ πολλοῦ ποιούμενοι τὰς συνθήκας, §22ἀλλὰ καὶ Φίλωνα τὸν ἐκ Κοίλης ἐνδειχθέντα παραπρεσβεύεσθαι, καὶ περὶ μὲν τοῦ πράγματος οὐδὲν ἔχοντʼ ἀπολογήσασθαι, τὰς δὲ συνθήκας παρεχόμενον, ἔδοξεν ὑμῖν ἀφεῖναι καὶ μηδὲ κρίσιν περὶ αὐτοῦ ποιήσασθαι.
And if indeed he saw the city repenting of what had been done, it would not be worth wondering at him; but as it is, you showed, not only in the establishment of the laws, that you value the treaty highly, but also in the case of Philon of Coele, who was denounced for misconduct on an embassy, and although he had no defense to offer regarding the fact, yet by producing the treaty, you decided to acquit him and not even to bring him to trial.
καὶ ἡ μὲν πόλις οὐδὲ παρὰ τῶν ὁμολογούντων ἐξαμαρτάνειν ἀξιοῖ δίκην λαβεῖν, οὗτος δὲ καὶ τοὺς οὐδὲν ἠδικηκότας τολμᾷ συκοφαντεῖν. §23καὶ μὴν οὐδὲ τάδʼ αὐτὸν λέληθεν, ὅτι Θρασύβουλος καὶ Ἄνυτος μέγιστον μὲν δυνάμενοι τῶν ἐν τῇ πόλει, πολλῶν δʼ ἀπεστερημένοι χρημάτων, εἰδότες δὲ τοὺς ἀπογράψαντας, ὅμως οὐ τολμῶσιν αὐτοῖς δίκας λαγχάνειν οὐδὲ μνησικακεῖν, ἀλλʼ εἰ καὶ περὶ τῶν ἄλλων μᾶλλον ἑτέρων δύνανται διαπράττεσθαι,
And while the city does not think it right to exact punishment even from those who admit they have done wrong, this man dares to play the sycophant even against those who have done no wrong at all. Moreover, he is not unaware of this, that Thrasybulus and Anytus, though they are the most powerful men in the city and have been deprived of much property, and though they know those who registered it, nevertheless do not dare to bring lawsuits against them or to harbor old grudges; but even if they can accomplish more than others in other matters, at least concerning the matters in the treaty they think it right to stand on an equal footing with the rest.
§24ἀλλʼ οὖν περὶ γε τῶν ἐν ταῖς συνθήκαις ἴσον ἔχειν τοῖς ἄλλοις ἀξιοῦσιν. καὶ οὐχ οὗτοι μόνοι ταῦτʼ ἠξιώκασιν, ἀλλʼ οὐδʼ ὑμῶν οὐδεὶς τοιαύτην δίκην εἰσελθεῖν τετόλμηκεν.
And not only have these men thought this right, but not one of you either has dared to enter such a lawsuit.
καίτοι δεινόν, εἰ ἐπὶ μὲν τοῖς ὑμετέροις αὐτῶν πράγμασιν ἐμμένετε τοῖς ὅρκοις, ἐπὶ δὲ τῇ τούτου συκοφαντίᾳ παραβαίνειν ἐπιχειρήσετε, καὶ τὰς μὲν ἰδίας ὁμολογίας δημοσίᾳ κυρίας ἀναγκάζετʼ εἶναι, τὰς δὲ τῆς πόλεως συνθήκας ἰδίᾳ τὸν βουλόμενον λύειν ἐάσετε. §25ὃ δὲ πάντων ἄν τις μάλιστα θαυμάσειεν, εἰ, ὅτε μὲν ἄδηλον ἦν, εἰ συνοίσουσιν αἱ διαλλαγαὶ τῇ πόλει, τοιούτους ὅρκους ἐποιήσασθε περὶ αὐτῶν, ὥστʼ εἰ καὶ μὴ συνέφερεν ἀναγκαῖον εἶναι τοῖς ὡμολογημένοις ἐμμένειν, ἐπειδὴ δʼ οὕτω καλῶς ὑμῖν συμβέβηκεν ὥστε καὶ μηδεμιᾶς πίστεως γεγενημένης ἄξιον εἶναι τὴν παροῦσαν πολιτείαν διαφυλάττειν, §26τηνικαῦτα τοὺς ὅρκους παραβήσεσθε· καὶ τοῖς μὲν εἰρηκόσιν ὡς χρὴ τὰς συνθήκας ἐξαλείφειν ὠργίζεσθε, τουτονὶ δʼ, ὃς γεγραμμένας αὐτὰς τολμᾷ παραβαίνειν, ἀζήμιον ἀφήσετε.
And yet it would be shocking if, while you abide by the oaths in your own affairs, you should attempt to violate them to favor this man's sycophancy, and if you compel private agreements to be publicly binding, but permit anyone who wishes to break the treaty of the city in private. But what anyone would wonder at most of all is if, at the time when it was uncertain whether the reconciliation would benefit the city, you took such oaths concerning it that even if it were not advantageous, it was necessary to abide by the agreements; but now that things have turned out so well for you that even if no pledge had been given, it would be worthwhile to preserve the present constitution, at this very moment you will violate your oaths; and while you were angry with those who said that the treaty ought to be erased, you will let this man go unpunished, who dares to violate it although it is written down.
ἀλλʼ οὔτʼ ἂν δίκαια οὔτʼ ἄξιʼ ὑμῶν αὐτῶν οὔτʼ ἂν πρέποντα τοῖς πρότερον ἐγνωσμένοις ποιήσαιτε. §27ἐνθυμεῖσθε δʼ ὅτι περὶ τῶν μεγίστων ἥκετε δικάσοντες· περὶ γὰρ συνθηκῶν τὴν ψῆφον οἴσετε, ἃς οὐδὲ πώποτʼ οὔθʼ ὑμῖν πρὸς ἑτέρους οὔτʼ ἄλλοις πρὸς ὑμᾶς ἐλυσιτέλησε παραβῆναι, τοσαύτην δʼ ἔχουσι δύναμιν ὥστε τὰ πλεῖστα τοῦ βίου καὶ τοῖς Ἕλλησι καὶ τοῖς βαρβάροις διὰ συνθηκῶν εἶναι. §28ταύταις γὰρ πιστεύοντες ὡς ἀλλήλους ἀφικνούμεθα καὶ ποριζόμεθα ὧν ἕκαστοι τυγχάνομεν δεόμενοι· μετὰ τούτων καὶ τὰ συμβόλαια τὰ πρὸς ἡμᾶς αὐτοὺς ποιούμεθα καὶ τὰς ἰδίας ἔχθρας καὶ τοὺς κοινοὺς πολέμους διαλυόμεθα· τούτῳ μόνῳ κοινῷ πάντες ἄνθρωποι διατελοῦμεν χρώμενοι.
But you would do nothing that is just, nor worthy of yourselves, nor fitting for your previous decisions. Consider that you have come to judge concerning the greatest matters; for you will cast your vote concerning a treaty, which it has never been advantageous either for you to violate against others or for others against you, and which has such power that most of life for both Greeks and barbarians exists through treaties. For relying on these we visit one another and procure what each of us happens to need; with these we also make contracts with one another and dissolve both private enmities and common wars; this is the only thing that all humans continue to use in common.
ὥσθʼ ἅπασι μὲν προσήκει βοηθεῖν αὐταῖς, μάλιστα δʼ ὑμῖν.
So it is fitting for all to defend them, and most of all for you.

Notes

  1. §18εἰς τοῦτον ἀποθέσθαι τὸν χρόνον ἀδικεῖν — The infinitive ἀδικεῖν depends on ἀποθέσθαι (middle of ἀποτίθημι), which is used here in the sense of "postpone" or "defer," meaning "to defer doing wrong until that time."
  2. §20ἆρα ... ἀλλʼ οὐ ... — This is a correlative construction where the question introduced by ἆρα is contrasted with the subsequent ἀλλʼ οὐ ("or is it not rather because..."), emphasizing that the special plea was based on the explicit treaty and proof of innocence rather than a weak claim of justice.
  3. §25ὃ δὲ πάντων ἄν τις μάλιστα θαυμάσειεν, εἰ ... — The neuter singular relative pronoun ὃ acts as a prolepsis (anticipation) pointing to the content of the following conditional clause introduced by εἰ, constructing the syntax: "What anyone would wonder at most of all is if..."

Cite this passage

Isocrates, Against Callimachus §18-28. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0010.tlg002.humanitext-grc2:18-28

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