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Lysias · On the Property of Aristophanes §1-11

Appeal for an Unbiased Hearing and the Father's Services

Passage 1 of 6 · Greek

Summary

The speaker addresses the jury, urging them to listen to the defense without prejudice and to suspend judgment until both sides are heard, while highlighting his deceased father's extensive public services to Athens in contrast to the accusations regarding Aristophanes' confiscated estate.

§1πολλήν μοι ἀπορίαν παρέχει ὁ ἀγὼν οὑτοσί, ὦ ἄνδρες δικασταί, ὅταν ἐνθυμηθῶ ὅτι, ἐὰν ἐγὼ μὲν μὴ νῦν εὖ εἴπω, οὐ μόνον ἐγὼ ἀλλὰ καὶ ὁ πατὴρ δόξει ἄδικος εἶναι, καὶ τῶν ὄντων ἁπάντων στερήσομαι.
This trial causes me great difficulty, gentlemen of the jury, when I consider that, if I do not speak well now, not only I but also my father will be thought to be unjust, and I shall be deprived of all my possessions.
ἀνάγκη οὖν, εἰ καὶ μὴ δεινὸς πρὸς ταῦτα πέφυκα, βοηθεῖν τῷ πατρὶ καὶ ἐμαυτῷ οὕτως ὅπως ἂν δύνωμαι.
Therefore, even if I am not by nature skilled in these matters, it is necessary to help my father and myself in such a way as I can.
§2τὴν μὲν οὖν παρασκευὴν καὶ τὴν προθυμίαν τῶν ἐχθρῶν ὁρᾶτε, καὶ οὐδὲν δεῖ περὶ τούτων λέγειν· τὴν δʼ ἐμὴν ἀπειρίαν πάντες ἴσασιν, ὅσοι ἐμὲ γιγνώσκουσιν.
Now, you see the preparation and eagerness of our enemies, and there is no need to speak of these things; but my own inexperience is known to all who know me.
αἰτήσομαι οὖν ὑμᾶς δίκαια καὶ ῥᾴδια χαρίσασθαι, ἄνευ ὀργῆς καὶ ἡμῶν ἀκοῦσαι, §3ὥσπερ καὶ τῶν κατηγόρων.
I will therefore ask you to grant me what is just and easy: to listen to us without anger, just as you did to the accusers.
ἀνάγκη γὰρ τὸν ἀπολογούμενον, κἂν ἐξ ἴσου ἀκροᾶσθε, ἔλαττον ἔχειν.
For it is necessary for the defendant, even if you listen on equal terms, to have the disadvantage.
οἱ μὲν γὰρ ἐκ πολλοῦ χρόνου ἐπιβουλεύοντες, αὐτοὶ ἄνευ κινδύνων ὄντες, τὴν κατηγορίαν ἐποιήσαντο, ἡμεῖς δὲ ἀγωνιζόμεθα μετὰ δέους καὶ διαβολῆς καὶ κινδύνου τοῦ μεγίστου.
For they, having plotted for a long time, being themselves free from danger, have made their accusation; but we are fighting with fear, prejudice, and the greatest danger.
εἰκὸς οὖν ὑμᾶς εὔνοιαν πλείω ἔχειν τοῖς ἀπολογουμένοις.
It is therefore reasonable for you to have more goodwill toward those who are defending themselves.
§4οἶμαι γὰρ πάντας ὑμᾶς εἰδέναι ὅτι πολλοὶ ἤδη πολλὰ καὶ δεινὰ κατηγορήσαντες παραχρῆμα ἐξηλέγχθησαν ψευδόμενοι οὕτω φανερῶς, ὥστε ὑπὸ πάντων τῶν παραγενομένων μισηθέντες ἀπελθεῖν· οἱ δʼ αὖ μαρτυρήσαντες τὰ ψευδῆ καὶ ἀδίκως ἀπολέσαντες ἀνθρώπους ἑάλωσαν,
For I think you all know that many before now, having made many terrible accusations, were immediately proved to be lying so clearly that they departed hated by all who were present; and others, again, having borne false witness and unjustly destroyed men, were convicted, when it was of no more benefit to the victims.
§5ἡνίκα οὐδὲν ἦν πλέον τοῖς πεπονθόσιν. ὅτʼ οὖν τοιαῦτα πολλὰ γεγένηται, ὡς ἐγὼ ἀκούω, εἰκὸς ὑμᾶς, ὦ ἄνδρες δικασταί, μήπω τοὺς τῶν κατηγόρων λόγους ἡγεῖσθαι πιστούς, πρὶν ἂν καὶ ἡμεῖς εἴπωμεν.
Since, therefore, many such things have happened, as I hear, it is reasonable for you, gentlemen of the jury, not yet to believe the words of the accusers before we too have spoken.
ἀκούω γὰρ ἔγωγε, καὶ ὑμῶν δὲ τοὺς πολλοὺς οἶμαι εἰδέναι, ὅτι πάντων δεινότατόν ἐστι διαβολή.
For I at least hear, and I think most of you also know, that of all things prejudice is the most terrible.
§6μάλιστα δὲ τοῦτο ἔχοι ἄν τις ἰδεῖν, ὅταν πολλοὶ ἐπὶ τῇ αὐτῇ αἰτίᾳ εἰς ἀγῶνα καταστῶσιν.
And one could see this especially when many are brought to trial on the same charge.
ὡς γὰρ ἐπὶ τὸ πολὺ οἱ τελευταῖοι κρινόμενοι σῴζονται· πεπαυμένοι γὰρ τῆς ὀργῆς αὐτῶν ἀκροᾶσθε, καὶ τοὺς ἐλέγχους ἤδη ἐθέλοντες ἀποδέχεσθε.
For as a rule those who are tried last are saved; for you listen to them when your anger has ceased, and by then you are willing to accept the proofs.
§7ἐνθυμεῖσθε οὖν ὅτι Νικόφημος καὶ Ἀριστοφάνης ἄκριτοι ἀπέθανον, πρὶν παραγενέσθαι τινὰ αὐτοῖς ἐλεγχομένοις ὡς ἠδίκουν.
Consider, therefore, that Nicophemus and Aristophanes died without trial, before anyone could be present to see them proved guilty.
οὐδεὶς γὰρ οὐδʼ εἶδεν ἐκείνους μετὰ τὴν σύλληψιν· οὐδὲ γὰρ θάψαι τὰ σώματʼ αὐτῶν ἀπέδοσαν, ἀλλʼ οὕτω δεινὴ ἡ συμφορὰ γεγένηται ὥστε πρὸς τοῖς ἄλλοις καὶ τούτου ἐστέρηνται.
For no one even saw them after their arrest; nor indeed did they give back their bodies for burial, but so terrible has the misfortune been that, in addition to their other losses, they have been deprived of this as well.
§8ἀλλὰ ταῦτα μὲν ἐάσω· οὐδὲν γὰρ ἂν περαίνοιμι·
But I will pass over these things; for I should accomplish nothing.
πολὺ δὲ ἀθλιώτεροι δοκοῦσί μοι οἱ παῖδες οἱ Ἀριστοφάνους· οὐδένα γὰρ οὔτʼ ἰδίᾳ οὔτε δημοσίᾳ ἠδικηκότες οὐ μόνον τὰ πατρῷα ἀπολωλέκασι παρὰ τοὺς νόμους τοὺς ὑμετέρους, ἀλλὰ καὶ ἣ ὑπόλοιπος ἐλπὶς ἦν, ἀπὸ τῶν τοῦ πάππου ἐκτραφῆναι, ἐν οὕτω δεινῶ καθέστηκεν.
But far more pitiable, it seems to me, are the children of Aristophanes; for although they have wronged no one either in private or in public, they have not only lost their patrimony contrary to your laws, but also the remaining hope they had, of being brought up on their grandfather's estate, has fallen into such a terrible state.
ἔτι δʼ ἡμεῖς ἐστερημένοι μὲν κηδεστῶν, §9ἐστερημένοι δὲ τῆς προικός, παιδάρια δὲ τρία ἠναγκασμένοι τρέφειν, προσέτι συκοφαντούμεθα καὶ κινδυνεύομεν περὶ ὧν οἱ πρόγονοι ἡμῖν κατέλιπον κτησάμενοι ἐκ τοῦ δικαίου.
And furthermore, we, being deprived of our relatives, and deprived of the dowry, and forced to rear three small children, are besides being falsely accused and are in danger concerning what our ancestors left us, which they acquired justly.
καίτοι, ὦ ἄνδρες δικασταί, ὁ ἐμὸς πατὴρ ἐν ἅπαντι τῷ βίῳ πλείω εἰς τὴν πόλιν ἀνήλωσεν ἢ εἰς αὑτὸν καὶ τοὺς οἰκείους, διπλάσια δὲ ἢ νῦν ἔστιν ἡμῖν, ὡς ἐγὼ λογιζομένῳ αὐτῷ πολλάκις παρεγενόμην.
And yet, gentlemen of the jury, my father spent more on the city during his whole life than on himself and his family, and twice as much as we now possess, as I was often present when he was calculating.
§10μὴ οὖν προκαταγιγνώσκετε ἀδικίαν τοῦ εἰς αὑτὸν μὲν μικρὰ δαπανῶντος, ὑμῖν δὲ πολλὰ καθʼ ἕκαστον τὸν ἐνιαυτόν, ἀλλʼ ὅσοι καὶ τὰ πατρῷα καὶ ἐάν τί ποθεν λάβωσιν, εἰς τὰς αἰσχίστας ἡδονὰς εἰθισμένοι εἰσὶν ἀναλίσκειν.
Do not, therefore, condemn beforehand for injustice a man who spent little on himself, but much on you every year, but rather those who are accustomed to spend both their patrimony and whatever they receive from any source on the most shameful pleasures.
§11χαλεπὸν μὲν οὖν, ὦ ἄνδρες δικασταί, ἀπολογεῖσθαι πρὸς δόξαν ἣν ἔνιοι ἔχουσι περὶ τῆς Νικοφήμου οὐσίας, καὶ σπάνιν ἀργυρίου ἣ νῦν ἐστιν ἐν τῇ πόλει, καὶ τοῦ ἀγῶνος πρὸς τὸ δημόσιον ὄντος· ὅμως δὲ καὶ τούτων ὑπαρχόντων ῥᾳδίως γνώσεσθε ὅτι οὐκ ἀληθῆ ἐστι τὰ κατηγορημένα.
It is indeed difficult, gentlemen of the jury, to make a defense against the opinion which some hold about the property of Nicophemus, and the scarcity of money which now exists in the city, and because the trial is against the treasury; nevertheless, even under these circumstances, you will easily recognize that the accusations are not true.
δέομαι δʼ ὑμῶν πάσῃ τέχνῃ καὶ μηχανῇ μετʼ εὐνοίας ἀκροασαμένους ἡμῶν διὰ τέλους ὅ τι ἂν ὑμῖν ἄριστον καὶ εὐορκότατον νομίζητε εἶναι, τοῦτο ψηφίσασθαι.
And I beg of you, by every art and device, to listen to us with goodwill to the end, and to vote for whatever you think is best and most in accordance with your oath.

Notes

  1. §1δόξει — Although there is a compound subject (`ἐγὼ ... καὶ ὁ πατὴρ`), the verb `δόξει` is in the third person singular. This is due to attraction to the nearer subject (`ὁ πατὴρ`).
  2. §2δίκαια καὶ ῥᾴδια — These adjectives function as the direct object of `αἰτήσομαι` (which takes a double accusative). They are in apposition with the following infinitive clauses, representing the "just and easy things" requested from the jury.
  3. §4ἑάλωσαν — The third-person plural indicative aorist of `ἁλίσκομαι` (to be convicted or caught). This verb functions as the suppletive passive of `αἱρέω` (to convict).
  4. §8ἣ ὑπόλοιπος ἐλπὶς ἦν, ἀπὸ τῶν τοῦ πάππου ἐκτραφῆναι — The antecedent `ἐλπίς` has been attracted into the relative clause (equivalent to `ἡ ἐλπὶς ἣ ὑπόλοιπος ἦν`). The following infinitive `ἐκτραφῆναι` is in apposition to `ἐλπίς`, defining what the "hope" consists of.

Cite this passage

Lysias, On the Property of Aristophanes §1-11. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg019.humanitext-grc2:1-11

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