Humanitext Reader

Lysias · For the Soldier §1-12

Circumstances of the Military Call-up and Remitted Fine

Passage 1 of 2 · Greek

Summary

The speaker accuses his opponents of avoiding the main issue and slandering his character, and details the background regarding his military enrollment, the fine imposed on him, and its subsequent remission by the treasurers.

§1τί ποτε διανοηθέντες οἱ ἀντίδικοι τοῦ μὲν πράγματος παρημελήκασι, τὸν δὲ τρόπον μου ἐπεχείρησαν διαβάλλειν;
What on earth were my opponents thinking when they neglected the actual matter and attempted to slander my character?
πότερον ἀγνοοῦντες ὅτι περὶ τοῦ πράγματος προσήκει λέγειν;
Is it because they do not know that they ought to speak about the matter?
ἢ τόδε μὲν ἐπίστανται, ἡγούμενοι δὲ λήσειν περὶ παντὸς πλείω λόγον ἢ τοῦ προσήκοντος ποιοῦνται;
Or, while knowing this, do they make a longer speech about everything than is fitting, thinking that they will escape notice?
§2ὅτι μὲν οὐκ ἐμοῦ καταφρονήσαντες ἀλλὰ τοῦ πράγματος τοὺς λόγους ποιοῦνται, σαφῶς ἐπίσταμαι· εἰ μέντοι ὑμᾶς οἴονται διʼ ἄγνοιαν ὑπὸ τῶν διαβολῶν πεισθέντας καταψηφιεῖσθαί μου, τοῦτʼ ἂν θαυμάσαιμι.
That they make their speeches not out of contempt for me, but out of contempt for the matter, I know clearly; if, however, they think that you, through ignorance, will be persuaded by their slanders and vote against me, I should wonder at this.
§3ᾤμην μὲν οὖν, ὦ ἄνδρες δικασταί, περὶ τοῦ ἐγκλήματος, οὐ περὶ τοῦ τρόπου τὸν ἀγῶνά μοι προκεῖσθαι· διαβαλλόντων δέ με τῶν ἀντιδίκων ἀναγκαῖόν ἐστι περὶ πάντων τὴν ἀπολογίαν ποιήσασθαι.
Indeed, gentlemen of the jury, I thought that my contest was concerned with the charge, and not with my character; but since my opponents are slandering me, it is necessary to make my defense on all points.
πρῶτον μὲν οὖν περὶ τῆς ἀπογραφῆς ὑμᾶς διδάξω.
First, then, I shall instruct you about the registration.
§4ἀφικόμενος προπέρυσιν εἰς τὴν πόλιν, οὔπω δύο μῆνας ἐπιδεδημηκὼς κατελέγην στρατιώτης.
Having arrived in the city the year before last, and having been in residence for not yet two months, I was enrolled as a soldier.
αἰσθόμενος δὲ τὸ πραχθὲν ὑπετοπούμην εὐθέως ἐπὶ μηδενὶ ὑγιεῖ κατειλέχθαι.
On perceiving what had been done, I immediately suspected that I had been enrolled with no honest intent.
προσελθὼν οὖν τῷ στρατηγῷ ἐδήλωσα ὅτι ἐστρατευμένος εἴην, ἔτυχον δὲ οὐδενὸς τῶν μετρίων.
Therefore, having approached the general, I made it clear that I had already served in the army, but I met with no reasonable treatment.
προπηλακιζόμενος δὲ ἠγανάκτουν μέν, §5ἡσυχίαν δʼ εἶχον.
Though I was indignant at being insulted, I kept quiet.
ἀπορούμενος δὲ καὶ συμβουλευόμενός τινι τῶν πολιτῶν τί χρήσωμαι τῷ πράγματι, ἐπυθόμην ὡς καὶ δήσειν με ἀπειλοῖεν, λέγοντες ὅτι οὐδὲν ἐλάττω χρόνον Καλλικράτους Πολύαινος ἐνδημοίη.
But while I was at a loss and consulting one of the citizens as to how I should handle the matter, I learned that they were even threatening to imprison me, saying that Polyaenus had been residing in the city for no less time than Callicrates.
§6κἀμοὶ μὲν τὰ προειρημένα διείλεκτο ἐπὶ τῇ Φιλίου τραπέζῃ· οἱ δὲ μετὰ Κτησικλέους τοῦ ἄρχοντος, ἀπαγγείλαντός τινος ὡς ἐγὼ λοιδοροῖμι, τοῦ νόμου ἀπαγορεύοντος ἐάν τις ἀρχὴν ἐν συνεδρίῳ λοιδορῇ, παρὰ τὸν νόμον ζημιῶσαι ἠξίωσαν.
Now these aforementioned matters had been discussed by me at the banking table of Philius; but the faction of Ctesicles the magistrate, upon someone reporting that I was abusive, deemed it fit to fine me contrary to the law, although the law forbids abusing a magistrate in the council-chamber.
ἐπιβαλόντες δὲ τὸ ἀργύριον πράξασθαι μὲν οὐκ ἐπεχείρησαν, ἐξιούσης δὲ τῆς ἀρχῆς γράψαντες εἰς λεύκωμα τοῖς ταμίαις παρέδοσαν.
Having imposed the fine, they did not attempt to collect the money, but at the expiration of their office, they wrote my name on a tablet and delivered it to the treasurers.
§7οἵδε μὲν τάδε διεπράξαντο.
These men, then, did these things.
οἱ δὲ ταμίαι οὐδὲν ὅμοιον τοῖσδε διανοηθέντες, ἀνακαλεσάμενοι τοὺς παραδόντας τὴν γραφήν, ἐσκοποῦντο τῆς αἰτίας τὴν πρόφασιν.
But the treasurers, having no such intentions, summoned those who had delivered the registration and examined the ground of the charge.
ἀκούσαντες δὲ τὸ γεγενημένον, ἐννοούμενοι οἷα πεπονθὼς ἦν, τὸ μὲν πρῶτον ἔπειθον αὐτοὺς ἀφεῖναι, διδάσκοντες ὡς οὐκ ἐπιεικὲς εἴη τῶν πολιτῶν τινας διὰ τὰς ἔχθρας ἀναγράφεσθαι, ἀποροῦντες δὲ μεταπεῖσαι αὐτούς, τὸν παρʼ ὑμῶν κίνδυνον ὑποστάντες ἄκυρον τὴν ζημίαν ἔκριναν
Having heard what had happened, and considering what I had suffered, they at first tried to persuade them to remit it, pointing out that it was not reasonable for any of the citizens to be registered out of personal enmity; but when they were unable to change their minds, they took upon themselves the risk of being called to account by you and decided that the fine was invalid.
§8ὅτι μὲν οὖν ἀφείθην ὑπὸ τῶν ταμιῶν, ἐπίστασθε· προσήκειν δὲ ἡγούμενος καὶ διὰ ταύτην τὴν ἀπόδειξιν ἀπηλλάχθαι τοῦ ἐγκλήματος, ἔτι πλείονας καὶ νόμους καὶ ἄλλας δικαιώσεις παρασχήσομαι.
That I was released by the treasurers, therefore, you know; and though I consider that by this proof alone I ought to be cleared of the charge, I will produce still more laws and other justifications.
καὶ μοι λαβὲ τὸν νόμον.
Please, take the law for me.
§9Νόμος τοῦ μὲν νόμου διαρρήδην ἀγορεύοντος τοὺς ἐν τῷ συνεδρίω λοιδοροῦντας ζημιοῦν ἀκηκόατε·
[Law] You have heard that the law explicitly commands to fine those who speak abusively in the council-chamber.
ἐγὼ δʼ ὅτι μὲν οὐκ εἰσῆλθον εἰς τὸ ἀρχεῖον, μάρτυρας παρεσχόμην, ἀδίκως δὲ ζημιωθεὶς οὔτʼ ὀφείλω οὔτʼ ἐκτεῖσαι δίκαιός εἰμι.
Now, I have provided witnesses that I did not enter the magistrate's office, and having been unjustly fined, I neither owe the money nor is it just for me to pay it.
§10εἰ γὰρ φανερός εἰμι μὴ ἐλθὼν εἰς τὸ συνέδριον, ὁ δὲ νόμος τοὺς ἐντὸς πλημμελοῦντας ἀγορεύει τὴν ζημίαν ὀφείλειν, ἠδικηκὼς μὲν οὐδὲν φαίνομαι, ἔχθρᾳ δὲ ἄνευ τούτου παραλόγως ζημιωθείς.
For if it is clear that I did not go into the council-chamber, and the law states that those who offend inside owe the fine, it is evident that I have done no wrong, but have been fined unreasonably because of enmity, without any ground.
§11συνέγνωσαν δὲ καὶ αὐτοὶ σφίσιν ὡς ἠδικηκότες· οὔτε γὰρ εὐθύνας ὑπέσχον, οὔτε εἰς δικαστήριον εἰσελθόντες τὰ πραχθέντα ψήφῳ κύρια κατέστησαν.
And they themselves recognized that they had done wrong; for they neither submitted to their audits, nor did they enter a court to confirm their actions by a vote.
εἰ δʼ οὖν ἐζημίωσαν μὲν οἵδε προσηκόντως, ἐκύρωσαν δʼ ἐν ὑμῖν τὴν ἐπιβολήν, τῶν ταμιῶν ἀφέντων εἰκότως ἂν τοῦ ἐγκλήματος ἀπηλλαγμένος εἴην.
Moreover, even if they had fined me properly and had confirmed the imposition before you, since the treasurers released me, I would naturally be cleared of the charge.
§12εἰ μὲν γὰρ μὴ κύριοι ἦσαν πράξασθαι ἢ ἀφεῖναι, ἐννόμως ζημιωθεὶς εὐλόγως ἂν ὤφειλον· εἰ δʼ ἔξεστι μὲν αὐτοῖς ἀφεῖναι, διδόασι δὲ λόγους ὑπὲρ ὧν ἂν διαχειρίζωσιν, εἴ τι ἠδικήκασι, τῆς προσηκούσης ῥᾳδίως δίκης τεύξονται.
For if they had no authority to collect or to remit, I, having been lawfully fined, would reasonably owe it; but if it is permitted for them to remit, and they render accounts for whatever they administer, they will easily meet with the proper justice if they have done any wrong.

Notes

  1. §2τοῦτʼ ἂν θαυμάσαιμι — A mixed conditional sentence where the protasis is in the indicative present (`εἰ ... οἴονται`) and the apodosis is in the optative with `ἄν` (`τοῦτʼ ἂν θαυμάσαιμι`). The speaker presents the opponents' thought as a real assumption, while expressing his own potential reaction with mildness or caution.
  2. §5ὡς καὶ δήσειν με ἀπειλοῖεν — The optative `ἀπειλοῖεν` is used in the indirect discourse clause introduced by `ὡς` because the governing main verb is in a past tense (`ἐπυθόμην`, optative of indirect discourse). The future infinitive `δήσειν` represents the future action that they threatened to perform.
  3. §6κἀμοὶ μὲν τὰ προειρημένα διείλεκτο — The verb `διείλεκτο` is the pluperfect third-person singular of the deponent/middle-passive verb `διαλέγομαι`. It does not have a passive meaning; with the dative of agent `κἀμοὶ` (`καὶ ἐμοί` by crasis), it translates as 'these things had been discussed by me' or 'I had discussed these things'.
  4. §9ἐκτεῖσαι δίκαιός εἰμι — The personal construction of `δίκαιός εἰμι` with the infinitive `ἐκτεῖσαι`, equivalent to the impersonal `δίκαιόν ἐστιν ἐμὲ ἐκτεῖσαι` ('it is just for me to pay'). Negated by `οὔτε`, it means 'nor is it just for me to pay'.

Cite this passage

Lysias, For the Soldier §1-12. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg009.humanitext-grc2:1-12

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