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Lysias · Against Theomnestus 1 §22-32

Defense of the Father's Honor and Call for a Conviction

Passage 3 of 3 · Greek

Summary

The speaker recalls his late father's distinguished military service and tragic death under the Thirty, arguing that the defendant's slander practically accuses him of patricide, and urges the jury to deliver a guilty verdict.

§22οὗτος οὖν ἔνοχος μὲν ὢν τῇ αἰτίᾳ, ἐλάττονος δὲ οὔσης αὐτῷ τῆς συμφορᾶς, οὐ μόνον ὑφʼ ὑμῶν ἠλεήθη, ἀλλὰ καὶ τὸν μαρτυρήσαντα ἠτίμωσεν.
Therefore, this man, although he is guilty of the charge, and although his misfortune is smaller, was not only pitied by you, but also disenfranchised the one who had testified.
ἐγὼ δὲ ἑωρακὼς μὲν ἐκεῖνο τοῦτον ποιήσαντα ὃ καὶ ὑμεῖς ἴστε, αὐτὸς δὲ σώσας τὴν ἀσπίδα, ἀκηκοὼς δὲ οὕτως ἀνόσιον καὶ δεινὸν πρᾶγμα, μεγίστης δὲ οὔσης μοι τῆς συμφορᾶς, εἰ ἀποφεύξεται, τούτῳ δʼ οὐδενὸς ἀξίας, εἰ κακηγορίας ἁλώσεται, οὐκ ἄρα δίκην παρʼ αὐτοῦ λήψομαι;
But I, who have seen this man doing that very thing which you also know, and who saved my shield, and who have heard such an impious and terrible thing, when it would be the greatest misfortune for me if he should be acquitted, while for him it would be of no value if he should be convicted of slander, shall I not then obtain justice from him?
τίνος ὄντος ἐμοὶ πρὸς ὑμᾶς ἐγκλήματος;
What complaint do you have against me?
§23πότερον ὅτι δικαίως ἀκήκοα;
Is it because I have been slandered justly?
ἀλλʼ οὐδʼ ἂν αὐτοὶ φήσαιτε.
But not even you yourselves would say so.
ἀλλʼ ὅτι βελτίων καὶ ἐκ βελτιόνων ὁ φεύγων ἐμοῦ;
Or is it because the defendant is better and from better ancestors than I?
ἀλλʼ οὐδʼ ἂν αὐτὸς ἀξιώσειεν.
But not even he himself would claim this.
ἀλλʼ ὅτι ἀποβεβληκὼς τὰ ὅπλα δικάζομαι κακηγορίας τῷ σώσαντι;
Or is it because I, having lost my weapons, am prosecuting him for slander who saved his?
ἀλλʼ οὐχ οὗτος ὁ λόγος ἐν τῇ πόλει κατεσκέδασται.
But this is not the story that has been spread in the city.
§24ἀναμνήσθητε δὲ ὅτι μεγάλην καὶ καλὴν ἐκείνην δωρεὰν αὐτῷ δεδώκατε· ἐν ᾗ τίς οὐκ ἂν ἐλεήσειε Διονύσιον, τοιαύτῃ μὲν συμφορᾷ περιπεπτωκότα, ἄνδρα δὲ ἄριστον ἐν τοῖς κινδύνοις γεγενημένον, §25ἀπιόντα δὲ ἀπὸ τοῦ δικαστηρίου λέγοντα ὅτι δυστυχεστάτην ἐκείνην εἴημεν στρατείαν ἐστρατευμένοι, ἐν ᾗ πολλοὶ μὲν ἡμῶν ἀπέθανον, οἱ δὲ σώσαντες τὰ ὅπλα ὑπὸ τῶν ἀποβαλόντων ψευδομαρτυρίων ἑαλώκασι, κρεῖττον δὲ ἦν αὐτῷ τότε ἀποθανεῖν ἢ οἴκαδʼ ἐλθόντι τοιαύτῃ τύχῃ χρῆσθαι;
And remember that you have given him that great and beautiful gift; in which who would not have pitied Dionysius, who had fallen into such a misfortune, and who had been an excellent man in dangers, departing from the court and saying that we had made that most unhappy expedition, in which many of us died, and those who saved their weapons have been convicted of perjury by those who lost them, and that it would have been better for him to die then than to come home and meet with such a fortune?
§26μὴ τοίνυν ἀκούσαντά τε Θεόμνηστον κακῶς τὰ προσήκοντα ἐλεεῖτε, καὶ ὑβρίζοντι καὶ λέγοντι παρὰ τοὺς νόμους συγγνώμην ἔχετε.
Do not, therefore, pity Theomnestus when he is justly slandered, nor have pardon for him when he is insulting and speaking contrary to the laws.
τίς γὰρ ἂν ἐμοὶ μείζων ταύτης γένοιτο συμφορά, περὶ τοιούτου πατρὸς οὕτως αἰσχρὰς αἰτίας ἀκηκοότι;
For what greater misfortune could happen to me than to have heard such shameful charges concerning such a father?
§27ὃς πολλάκις μὲν ἐστρατήγησε, πολλοὺς δὲ καὶ ἄλλους κινδύνους μεθʼ ὑμῶν ἐκινδύνευσε· καὶ οὔτε τοῖς πολεμίοις τὸ ἐκείνου σῶμα ὑποχείριον ἐγένετο, οὔτε τοῖς πολίταις οὐδεμίαν πώποτε ὦφλεν εὐθύνην, ἔτη δὲ γεγονὼς ἑπτὰ καὶ ἑξήκοντα ἐν ὀλιγαρχίᾳ διʼ εὔνοιαν τοῦ ὑμετέρου πλήθους ἀπέθανεν.
Who served as general many times, and faced many other dangers with you; and neither was his body made subject to the enemies, nor did he ever owe any penalty to the citizens in his accounts, and having become sixty-seven years old, he died during the oligarchy because of his goodwill toward your democracy.
§28ἆρʼ ἄξιον ὀργισθῆναι τῷ τοιαῦτʼ εἰρηκότι καὶ βοηθῆσαι τῷ πατρί, ὡς καὶ ἐκείνου κακῶς ἀκηκοότος;
Is it not right to be angry at the one who has said such things and to aid the father, since he also has been slandered?
τί γὰρ ἂν τούτου ἀνιαρότερον γένοιτο αὐτῷ, ἢ τεθνάναι μὲν ὑπὸ τῶν ἐχθρῶν, αἰτίαν δʼ ἔχειν ὑπὸ τῶν παίδων ἀνῃρῆσθαι;
For what could be more painful to him than this, to have been killed by his enemies, and to have the charge of being slain by his children?
οὗ ἔτι καὶ νῦν, ὦ ἄνδρες δικασταί, τῆς ἀρετῆς τὰ μνημεῖα πρὸς τοῖς ὑμετέροις ἱεροῖς ἀνάκειται, τὰ δὲ τούτου καὶ τοῦ τούτου πατρὸς τῆς κακίας πρὸς τοῖς τῶν πολεμίων· οὕτω σύμφυτος αὐτοῖς ἡ δειλία.
Whose monuments of virtue, gentlemen of the jury, are still even now dedicated in your temples, while those of this man's and his father's cowardice are in the temples of the enemies; so natural is cowardice to them.
§29καὶ μὲν δή, ὦ ἄνδρες δικασταί, ὅσῳ μείζους εἰσὶ καὶ νεανίαι τὰς ὄψεις, τοσούτῳ μᾶλλον ὀργῆς ἄξιοί εἰσι.
And indeed, gentlemen of the jury, the bigger and more youthful they are in appearance, the more they deserve anger.
δῆλον γὰρ ὅτι τοῖς μὲν σώμασι δύνανται, τὰς δὲ ψυχὰς οὐκ εὖ ἔχουσιν.
For it is clear that they are strong in their bodies, but do not have their souls in a good state.
§30ἀκούω δʼ αὐτόν, ὦ ἄνδρες δικασταί, ἐπὶ τοῦτον τὸν λόγον τρέπεσθαι, ὡς ὀργισθεὶς εἴρηκε ταῦτα ἐμοῦ μαρτυρήσαντος τὴν αὐτὴν μαρτυρίαν Διονυσίῳ.
And I hear, gentlemen of the jury, that he is turning to this argument, that he said these things in anger because I had given the same testimony for Dionysius.
ὑμεῖς δʼ ἐνθυμεῖσθε, ὦ ἄνδρες δικασταί, ὅτι ὁ νομοθέτης οὐδεμίαν ὀργῇ συγγνώμην δίδωσιν, ἀλλὰ ζημιοῖ τὸν λέγοντα, ἐὰν μὴ ἀποφαίνῃ ὡς ἔστιν ἀληθῆ τὰ εἰρημένα.
But you bear in mind, gentlemen of the jury, that the lawgiver gives no pardon to anger, but punishes the speaker, unless he shows that the things said are true.
ἐγὼ δὲ δὶς ἤδη περὶ τούτου μεμαρτύρηκα· οὐ γὰρ πω ᾔδη ὅτι ὑμεῖς τοὺς μὲν ἰδόντας τιμωρεῖσθε, τοῖς δὲ ἀποβαλοῦσι συγγνώμην ἔχετε.
And I have already testified twice concerning this; for I did not yet know that you punish those who saw, but have pardon for those who lost their shields.
§31περὶ μὲν οὖν τούτων οὐκ οἶδʼ ὅ τι δεῖ πλείω λέγειν· ἐγὼ δʼ ὑμῶν δέομαι καταψηφίσασθαι Θεομνήστου, ἐνθυμουμένους ὅτι οὐκ ἂν γένοιτο τούτου μείζων ἀγών μοι.
About these things, therefore, I do not know what more needs to be said; but I beg you to convict Theomnestus, bearing in mind that there could be no greater trial for me than this.
νῦν γὰρ διώκω μὲν κακηγορίας, τῇ δʼ αὐτῇ ψήφῳ φόνου φεύγω τοῦ πατρός, ὃς μόνος, ἐπειδὴ τάχιστα ἐδοκιμάσθην, ἐπεξῆλθον τοῖς τριάκοντα ἐν Ἀρείῳ πάγῳ.
For now I am prosecuting him for slander, but by the same vote I am defending myself against the charge of murdering my father—I who alone, as soon as I was approved, prosecuted the Thirty on the Areopagus.
§32ὧν μεμνημένοι καὶ ἐμοὶ καὶ τῷ πατρὶ βοηθήσατε καὶ τοῖς νόμοις τοῖς κειμένοις καὶ τοῖς ὅρκοις οἷς ὀμωμόκατε.
Remembering these things, aid both me and my father, and the established laws, and the oaths which you have sworn.

Notes

  1. 22μεγίστης δὲ οὔσης μοι τῆς συμφορᾶς, εἰ ἀποφεύξεται — The genitive absolute `μεγίστης... οὔσης` is modified by the conditional clause `εἰ ἀποφεύξεται`. This expresses the consequence for the speaker if the defendant should be acquitted, forming a contrast with the subsequent clause about the defendant (`τούτῳ δʼ οὐδενὸς ἀξίας`).
  2. 24ἐν ᾗ — The antecedent of the relative pronoun is the preceding phrase `μεγάλην καὶ καλὴν ἐκείνην δωρεὰν` (that great and beautiful gift, i.e., the acquittal of Theomnestus). With the preposition `ἐν`, it means 'in which situation' or 'in which trial', leading to the description of Dionysius's tragic circumstance.
  3. 26ἀκούσαντά... ὑβρίζοντι — Participles in different cases are used in parallel. The accusative `ἀκούσαντά... Θεόμνηστον` (Theomnestus having been slandered) is the direct object of the transitive verb `ἐλεεῖτε` (pity). In contrast, `ὑβρίζοντι καὶ λέγοντι` (insulting and speaking) is in the dative because the phrase `συγγνώμην ἔχετε` (pardon) governs the dative.
  4. 28ὡς καὶ ἐκείνου κακῶς ἀκηκοότος — The conjunction `ὡς` combined with the genitive absolute `ἐκείνου κακῶς ἀκηκοότος` (he also having been slandered) expresses a subjective reason (viewing that the father has also been slandered). It emphasizes the justification for bringing the lawsuit to defend the father's honor.
  5. 31φόνου φεύγω τοῦ πατρός — The verb `φεύγω` is a legal term meaning 'to be prosecuted as a defendant' and governs the genitive of the charge (`φόνου`, for murder). Although the speaker is formally the prosecutor (`διώκω`) of the slander, this is a rhetorical paradox claiming that, in defending his late father's honor, he is practically defending himself against the charge of patricide.

Cite this passage

Lysias, Against Theomnestus 1 §22-32. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg010.humanitext-grc2:22-32

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