Humanitext Reader

Lysias · Against Simon §38-48

The Intent of the Law and the Plea for Acquittal

Passage 4 of 4 · Greek

Summary

The speaker demonstrates the absurdity of Simon's accusation and the legislative intent of the Athenian law on premeditated wounding, exposes Simon's disgraceful past conduct, and appeals to the jury for acquittal based on his innocence and public services.

§38τί δʼ ἄν ποτε ἔπαθον, εἰ τἀναντία τῶν νῦν γεγενημένων ἦν, εἰ πολλοὺς ἔχων τῶν ἐπιτηδείων ἐγώ, ἀπαντήσας Σίμωνι, ἐμαχόμην αὐτῷ καὶ ἔτυπτον αὐτὸν καὶ ἐδίωκον καὶ καταλαβὼν ἄγειν βία ἐζήτουν, ὅπου νῦν τούτου ταῦτα πεποιηκότος ἐγὼ εἰς τοιοῦτον ἀγῶνα καθέστηκα, ἐν ᾧ καὶ περὶ τῆς πατρίδος καὶ τῆς οὐσίας τῆς ἐμαυτοῦ ἁπάσης κινδυνεύω;
What on earth would I have suffered, if the opposite of what has now happened had been the case, if I, with many of my associates, had met Simon, fought with him, beaten him, pursued him, and having caught him, sought to drag him by force, whereas now, although he has done these things, I have been brought to such a trial, in which I risk both my country and all my own property?
§39τὸ δὲ μέγιστον καὶ περιφανέστατον πάντων· ὁ γὰρ ἀδικηθείς καὶ ἐπιβουλευθεὶς ὑπʼ ἐμοῦ, ὥς φησιν, οὐκ ἐτόλμησε τεττάρων ἐτῶν ἐπισκήψασθαι εἰς ὑμᾶς.
And the greatest and most manifest proof of all: for he who was wronged and plotted against by me, as he says, did not dare to lodge a complaint before you for four years.
καὶ οἱ μέν ἄλλοι, ὅταν ἐρῶσι καὶ ἀποστερῶνται ὧν ἐπιθυμοῦσι καὶ συγκοπῶσιν, ὀργιζόμενοι παραχρῆμα τιμωρεῖσθαι ζητοῦσιν, οὗτος δὲ χρόνοις ὕστερον.
While other men, when they are in love and are deprived of what they desire and are beaten, in their anger seek immediate vengeance, this man does so only after a long lapse of time.
§40ὅτι μὲν οὖν, ὦ βουλή, οὐδενὸς αἴτιός εἰμι τῶν γεγενημένων, ἱκανῶς ἀποδεδεῖχθαι νομίζω·
That indeed, therefore, members of the Council, I am not responsible for any of the things that happened, I think has been sufficiently demonstrated.
οὕτω δὲ διάκειμαι πρὸς τὰς ἐκ τῶν τοιούτων πραγμάτων διαφοράς, ὥστε ἄλλα πολλὰ ὑβρισμένος ὑπὸ Σίμωνος καὶ καταγεὶς τὴν κεφαλὴν ὑπʼ αὐτοῦ οὐκ ἐτόλμησα αὐτῷ ἐπισκήψασθαι, ἡγούμενος δεινὸν εἶναι, εἰ ἄρα περὶ παίδων ἐφιλονικήσαμεν ἡμεῖς πρὸς ἀλλήλους, τούτου ἕνεκα ἐξελάσαι τινὰς ζητῆσαι ἐκ τῆς πατρίδος.
And I am so disposed towards disputes arising from such matters that, although I have been outrageously treated in many other ways by Simon and had my head broken by him, I did not dare to lodge a complaint against him, thinking it terrible if, because we disputed with one another about boys, we should seek for this reason to banish anyone from his country.
§41ἔπειτα δὲ καὶ οὐδεμίαν ἡγούμην πρόνοιαν εἶναι τραύματος ὅστις μὴ ἀποκτεῖναι βουλόμενος ἔτρωσε.
Moreover, I also believed that there is no premeditation of a wound for anyone who wounded another without wishing to kill him.
τίς γὰρ οὕτως ἐστὶν εὐήθης, §42ὅστις ἐκ πολλοῦ προνοεῖται ὅπως ἕλκος τις αὐτοῦ τῶν ἐχθρῶν λήψεται;
For who is so foolish as to plan long beforehand how one of his enemies shall receive a wound?
ἀλλὰ δῆλον ὅτι καὶ οἱ τοὺς νόμους ἐνθάδε θέντες, οὐκ εἴ τινες μαχεσάμενοι ἔτυχον ἀλλήλων κατάξαντες τὰς κεφαλάς, ἐπὶ τούτοις ἠξίωσαν τῆς πατρίδος φυγὴν ποιήσασθαι· ἢ πολλούς γʼ ἂν ἐξήλασαν·
But it is clear that those who established the laws here did not think that if any persons, having fought, happened to break each other's heads, they should for these things suffer banishment from their country; otherwise they would have banished many.
ἀλλʼ ὅσοι ἐπιβουλεύσαντες ἀποκτεῖναί τινας ἔτρωσαν, ἀποκτεῖναι δὲ οὐκ ἐδυνήθησαν, περὶ τῶν τοιούτων τὰς τιμωρίας οὕτω μεγάλας κατεστήσαντο, ἡγούμενοι, ὑπὲρ ὧν ἐβούλευσαν καὶ προὐνοήθησαν, ὑπὲρ τούτων προσήκειν αὐτοῖς δίκην δοῦναι· εἰ δὲ μὴ κατέσχον, οὐδὲν ἧττον τό γʼ ἐκείνων πεποιῆσθαι.
Rather, those who, having plotted to kill someone, wounded him but were unable to kill him—for such persons they established punishments so severe, thinking that for what they plotted and premeditated, for these things it is fitting that they pay the penalty; and even if they did not succeed, nonetheless that which lay in their power was done.
§43καὶ ταῦτα ἤδη καὶ πρότερον πολλάκις ὑμεῖς οὕτω διέγνωτε περὶ τῆς προνοίας.
And these things you yourselves have also already in the past many times so decided concerning premeditation.
καὶ γὰρ δεινὸν ἂν εἴη, εἰ ὅσοι ἐκ μέθης καὶ φιλονικίας ἢ ἐκ παιδιῶν ἢ ἐκ λοιδορίας ἢ περὶ ἑταίρας μαχόμενοι ἕλκος ἔλαβον, εἰ ὑπὲρ τούτων ὧν, ἐπειδὰν βέλτιον φρονήσωσιν, ἅπασι μεταμέλει, οὕτως καὶ ὑμεῖς μεγάλας καὶ δεινὰς τὰς τιμωρίας ποιήσεσθε, ὥστε ἐξελαύνειν τινὰς τῶν πολιτῶν ἐκ τῆς πατρίδος.
For indeed it would be terrible if, when persons from drunkenness and rivalry, or from sport or abuse, or fighting about a courtesan, have received a wound—if for these things, which they all regret when they come to a better mind, you too should make the punishments so great and terrible as to banish citizens from their country.
§44θαυμάζω δὲ μάλιστα τούτου τῆς διανοίας.
And I marvel most of all at his state of mind.
οὐ γὰρ τοῦ αὐτοῦ μοι δοκεῖ εἶναι ἐρᾶν τε καὶ συκοφαντεῖν, ἀλλὰ τὸ μὲν τῶν εὐηθεστέρων, τὸ δὲ τῶν πανουργοτάτων.
For it does not seem to me to belong to the same person to be in love and to act as a sycophant, but the former belongs to the more simple-minded, and the latter to the most villainous.
ἐβουλόμην δʼ ἂν ἐξεῖναί μοι παρʼ ὑμῖν καὶ ἐκ τῶν ἄλλων ἐπιδεῖξαι τὴν τούτου πονηρίαν, ἵνα ἠπίστασθε ὅτι πολὺ ἂν δικαιότερον αὐτὸς περὶ θανάτου ἠγωνίζετο ἢ ἑτέρους ὑπὲρ τῆς πατρίδος εἰς κίνδυνον καθίστη.
I could wish that it were permitted to me to demonstrate before you his wickedness from his other actions as well, so that you might know that he would himself much more justly be on trial for his life than putting others in danger of losing their country.
τὰ μὲν οὖν ἄλλα ἐάσω· §45ὃ δʼ ἡγοῦμαι ὑμῖν προσήκειν ἀκοῦσαι καὶ τεκμήριον ἔσεσθαι τῆς τούτου θρασύτητος καὶ τόλμης, περὶ τούτου μνησθήσομαι.
The other matters indeed I shall pass over; but what I think is fitting for you to hear, and which will be a proof of his audacity and boldness, of this I shall make mention.
ἐν Κορίνθῳ γάρ, ἐπειδὴ ὕστερον ἦλθε τῆς πρὸς τοὺς πολεμίους μάχης καὶ τῆς εἰς Κορώνειαν στρατείας, ἐμάχετο τῷ ταξιάρχῳ Λάχητι καὶ ἔτυπτεν αὐτόν, καὶ πανστρατιᾷ τῶν πολιτῶν ἐξελθόντων, δόξας ἀκοσμότατος εἶναι καὶ πονηρότατος, μόνος Ἀθηναίων ὑπὸ τῶν στρατηγῶν ἐξεκηρύχθη.
For in Corinth, after he arrived later than the battle against the enemy and the expedition to Coroneia, he fought with the taxiarch Laches and beat him, and when the citizens had gone out in full force, because he was deemed to be the most disorderly and villainous of men, he alone of all the Athenians was officially expelled by the generals.
§46ἔχοιμι δʼ ἂν καὶ ἄλλα πολλὰ εἰπεῖν περὶ τούτου, ἀλλʼ ἐπειδὴ παρʼ ὑμῖν οὐ νόμιμόν ἐστιν ἔξω τοῦ πράγματος λέγειν, ἐκεῖνο ἐνθυμεῖσθε· οὗτοί εἰσιν οἱ βίᾳ εἰς τὴν ἡμετέραν οἰκίαν εἰσιόντες, οὗτοι οἱ διώκοντες, οὗτοι οἱ βίᾳ ἐκ τῆς ὁδοῦ συναρπάζοντες ἡμᾶς.
And I could say many other things about this man, but since before you it is not lawful to speak outside the subject, bear this in mind: these are the ones who entered our house by force, these are the ones who pursued, these are the ones who snatched us by force from the street.
§47ὧν ὑμεῖς μεμνημένοι τὰ δίκαια ψηφίζεσθε, καὶ μὴ περιίδητε ἐκ τῆς πατρίδος ἀδίκως ἐκπεσόντα, ὑπὲρ ἧς ἐγὼ πολλοὺς κινδύνους κεκινδύνευκα καὶ πολλὰς λῃτουργίας λελῃτούργηκα, καὶ κακοῦ μὲν αὐτῇ οὐδενὸς αἴτιος γεγένημαι, οὐδὲ τῶν ἐμῶν προγόνων οὐδείς, ἀγαθῶν δὲ πολλῶν·
Remembering these things, vote for what is just, and do not look on while I am unjustly expelled from my country, on behalf of which I have risked many dangers and performed many public services, and I have been the cause of no evil to it, nor has any of my ancestors, but rather of many benefits.
§48ὥστε δικαίως ἂν ὑφʼ ὑμῶν καὶ ὑπὸ τῶν ἄλλων ἐλεηθείην, οὐ μόνον εἴ τι πάθοιμι ὧν Σίμων βούλεται, ἀλλὰ καὶ ὅτι ἠναγκάσθην ἐκ τοιούτων πραγμάτων εἰς τοιούτους ἀγῶνας καταστῆναι.
So that I would justly be pitied by you and by the others, not only if I should suffer any of the things that Simon wishes, but also because I have been forced by such matters to be brought into such trials.

Notes

  1. §38ὅπου νῦν τούτου ταῦτα πεποιηκότος — The conjunction ὅπου is used here not to denote physical place, but in a logical, contrastive or concessive sense ('whereas', 'in a situation where'). It is followed by the genitive absolute construction (τούτου ταῦτα πεποιηκότος 'although he has done these things'), emphasizing the unjust contrast between the accuser's actual misconduct and the speaker's plight.
  2. §41ὅστις μὴ ἀποκτεῖναι βουλόμενος ἔτρωσε — The combination of the generalizing relative pronoun ὅστις and the conditional negative μὴ modifying the participle βουλόμενος shows that this relative clause functions as a general condition ('whoever wounded another without intending to kill him'). It defines a general class of persons to whom the law applies, rather than referring to a specific historical individual.
  3. §42ἢ πολλούς γʼ ἂν ἐξήλασαν — The conjunction ἤ introduces a strong counterfactual alternative ('otherwise') following the preceding negative statement. Combined with the particle ἄν and the aorist indicative ἐξήλασαν, it forms the apodosis of a past contrary-to-fact condition, meaning 'otherwise they would have banished many citizens' (which in fact they did not).
  4. §47μὴ περιίδητε ... ἐκπεσόντα — The verb περιορῶ ('to overlook', 'to allow') regularly takes a supplementary participle to complete its meaning. Here, the aorist participle ἐκπεσόντα functions as the object complement, meaning 'to be expelled'. The combination of the negative μὴ and the aorist subjunctive περιίδητε expresses a strong prohibition or entreaty directed to the jury ('do not look on and allow me to be expelled').

Cite this passage

Lysias, Against Simon §38-48. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg003.humanitext-grc2:38-48

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