Humanitext Reader

Lysias · Against Nicomachus §1-8

Nicomachus's Abuse of Office and Refutation of Slander

Passage 1 of 4 · Greek

Summary

The accuser charges the defendant Nicomachus with abusing his office as a law-inscriber by illegally altering the laws and evading account-audits. Additionally, he prepares a defense to refute Nicomachus's expected slanders, such as the allegation that the accuser was involved with the oligarchy of the Four Hundred.

§1ἤδη, ὦ ἄνδρες δικασταί, τινὲς εἰς κρίσιν καταστάντες ἀδικεῖν μὲν ἔδοξαν, ἀποφαίνοντες δὲ τὰς τῶν προγόνων ἀρετὰς καὶ τὰς σφετέρας αὐτῶν εὐεργεσίας συγγνώμης ἔτυχον παρʼ ὑμῶν.
Already, gentlemen of the jury, some men on trial have been thought guilty, yet by showing the virtues of their ancestors and their own benefactions, they have obtained pardon from you.
ἐπειδὴ τοίνυν καὶ τῶν ἀπολογουμένων ἀποδέχεσθε, ἐάν τι ἀγαθὸν φαίνωνται τὴν πόλιν πεποιηκότες, ἄξιον καὶ τῶν κατηγόρων ὑμᾶς ἀκροάσασθαι, ἐὰν ἀποφαίνωσι τοὺς φεύγοντας πάλαι πονηροὺς ὄντας.
Since, therefore, you accept the pleas of the defendants if they show they have done some good to the state, it is only right that you should also listen to the accusers if they show that the defendants have long been rascal.
ὅτι μὲν τοίνυν ὁ πατὴρ ὁ Νικομάχου δημόσιος ἦν, §2καὶ οἷα νέος ὢν οὗτος ἐπετήδευσε, καὶ ὅσα ἔτη γεγονὼς εἰς τοὺς φράτερας εἰσήχθη, πολὺ ἂν ἔργον εἴη, λέγειν·
Now, that the father of Nicomachus was a public slave, and what kind of practices he pursued when he was young, and at what age he was introduced into his phratry, would be a long task to tell.
ἐπειδὴ δὲ τῶν νόμων ἀναγραφεὺς ἐγένετο, τίς οὐκ οἶδεν οἷα τὴν πόλιν ἐλυμήνατο;
But since he became a writer of the laws, who does not know what damages he inflicted on the city?
προσταχθὲν γὰρ αὐτῷ τεττάρων μηνῶν ἀναγράψαι τοὺς νόμους τοὺς Σόλωνος, ἀντὶ μὲν Σόλωνος αὑτὸν νομοθέτην κατέστησεν, ἀντὶ δὲ τεττάρων μηνῶν ἑξέτη τὴν ἀρχὴν ἐποιήσατο, καθʼ ἑκάστην δὲ ἡμέραν ἀργύριον λαμβάνων τοὺς μὲν ἐνέγραφε τοὺς δὲ ἐξήλειφεν.
For, though he was ordered to transcribe the laws of Solon within four months, he set himself up as a lawmaker instead of Solon, made his office last six years instead of four months, and, receiving money every day, he inscribed some laws and erased others.
§3εἰς τοῦτο δὲ κατέστημεν ὥστε ἐκ τῆς τούτου χειρὸς ἐταμιευόμεθα τοὺς νόμους καὶ οἱ ἀντίδικοι ἐπὶ τοῖς δικαστηρίοις ἐναντίους παρείχοντο, ἀμφότεροι παρὰ Νικομάχου φάσκοντες εἰληφέναι.
Indeed, we reached such a state that we had our laws dispensed from his hand, and litigants in the courts produced contradictory laws, both claiming to have received them from Nicomachus.
ἐπιβαλλόντων δὲ τῶν ἀρχόντων ἐπιβολὰς καὶ εἰσαγόντων εἰς τὸ δικαστήριον οὐκ ἠθέλησε παραδοῦναι τοὺς νόμους· ἀλλὰ πρότερον ἡ πόλις εἰς τὰς μεγίστας συμφορὰς κατέστη, πρὶν τοῦτον ἀπαλλαγῆναι τῆς ἀρχῆς καὶ τῶν πεπραγμένων εὐθύνας ὑποσχεῖν.
And when the magistrates imposed fines on him and brought him before the court, he refused to hand over the laws; rather, the city was brought into the greatest disasters before he was rid of his office and rendered accounts of his actions.
§4καὶ γάρ τοι, ὦ ἄνδρες δικασταί, ἐπειδὴ ἐκείνων δίκην οὐ δέδωκεν, ὁμοίαν καὶ νῦν τὴν ἀρχὴν κατεστήσατο, ὅστις πρῶτον μὲν τέτταρα ἔτη ἀνέγραψεν, ἐξὸν αὐτῷ τριάκοντα ἡμερῶν ἀπαλλαγῆναι· ἔπειτα διωρισμένον ἐξ ὧν ἔδει ἀναγράφειν, αὑτὸν ἁπάντων κύριον ἐποιήσατο, καὶ ὅσα οὐδεὶς πώποτε διαχειρίσας μόνος οὗτος τῶν ἀρξάντων εὐθύνας οὐκ ἔδωκεν, §5ἀλλʼ οἱ μὲν ἄλλοι τῆς αὑτῶν ἀρχῆς κατὰ πρυτανείαν λόγον ἀποφέρουσι, σὺ δέ, ὦ Νικόμαχε, οὐδὲ τεττάρων ἐτῶν ἠξίωσας ἐγγράψαι, ἀλλὰ μόνῳ σοὶ τῶν πολιτῶν ἐξεῖναι νομίζεις ἄρχειν πολὺν χρόνον, καὶ μήτε εὐθύνας διδόναι μήτε τοῖς ψηφίσμασι πείθεσθαι μήτε τῶν νόμων φροντίζειν, ἀλλὰ τὰ μὲν ἐγγράφεις τὰ δʼ ἐξαλείφεις, καὶ εἰς τοῦτο ὕβρεως ἥκεις ὥστε σαυτοῦ νομίζεις εἶναι τὰ τῆς πόλεως, §6αὐτὸς δημόσιος ὤν.
And indeed, gentlemen of the jury, since he paid no penalty for those deeds, he established a similar office now, he who first inscribed for four years, although it was possible for him to be rid of it in thirty days; then, though it had been determined from what sources he was to transcribe, he made himself sovereign over everything, and having managed more than anyone ever did, he alone of those who held office has not rendered accounts, but while others render an account of their office in each prytany, you, Nicomachus, did not deign to register one even for four years, but you think that you alone of the citizens are allowed to rule for a long time, and neither to render accounts, nor to obey the decrees, nor to care for the laws, but you write in some and erase others, and you have reached such a pitch of insolence that you think the property of the city is your own, though you are yourself a public slave.
ὑμᾶς τοίνυν χρή, ὦ ἄνδρες δικασταί, ἀναμνησθέντας καὶ τῶν προγόνων τῶν Νικομάχου, οἵτινες ἦσαν, καὶ οὗτος ὡς ἀχαρίστως ὑμῖν προσενήνεκται παρανομήσας, κολάσαι αὐτόν, καὶ ἐπειδὴ ἑνὸς ἑκάστου δίκην οὐκ εἰλήφατε, νῦν ὑπὲρ ἁπάντων γοῦν τὴν τιμωρίαν ποιήσασθαι.
Therefore, gentlemen of the jury, remembering both who the ancestors of Nicomachus were, and how ungratefully he has behaved toward you by breaking the laws, you ought to punish him, and since you have not taken vengeance for each individual offense, you must now at least inflict punishment for them all.
§7ἴσως δέ, ὦ ἄνδρες δικασταί, ἐπειδὰν περὶ αὑτοῦ μηδὲν δύνηται ἀπολογεῖσθαι, ἐμὲ διαβάλλειν πειράσεται.
Perhaps, gentlemen of the jury, when he can make no defense concerning himself, he will try to slander me.
τότε δὲ περὶ τῶν ἐμῶν τούτῳ ἀξιῶ πιστεύειν ὑμᾶς, ὁπόταν ἀπολογίας ἐμοὶ δοθείσης μὴ δύνωμαι ψευδόμενον αὐτὸν ἐξελέγξαι.
But on those matters concerning me, I ask you to believe him only at that time when, a defense having been granted to me, I am unable to refute him as a liar.
ἐὰν δʼ ἄρα ἐπιχειρῇ λέγειν ἅπερ ἐν τῇ βουλῇ, ὡς ἐγὼ τῶν τετρακοσίων ἐγενόμην, ἐνθυμεῖσθε ὅτι ἐκ τῶν τοιαῦτα λεγόντων τῶν τετρακοσίων πλεῖν ἢ χίλιοι γενήσονται· καὶ γὰρ τοὺς ἔτι παῖδας ὄντας ἐν ἐκείνῳ τῷ χρόνῳ καὶ τοὺς ἀποδημοῦντας οἱ διαβάλλειν βουλόμενοι ταῦτα λοιδοροῦσιν.
If, indeed, he should attempt to say what he did in the Council, that I was one of the Four Hundred, consider that from those who say such things, the Four Hundred will turn out to be more than a thousand; for even those who were still children at that time and those who were abroad are insulted with these charges by those who wish to slander them.
§8ἐγὼ δὲ οὕτω πολλοῦ ἐδέησα τῶν τετρακοσίων γενέσθαι, ὥστε οὐδὲ τῶν πεντακισχιλίων κατελέγην.
For my part, I was so far from being one of the Four Hundred that I was not even enrolled among the Five Thousand.
δεινὸν δέ μοι δοκεῖ εἶναι ὅτι, εἰ μὲν περὶ ἰδίων συμβολαίων ἀγωνιζόμενος οὕτω φανερῶς ἐξήλεγχον αὐτὸν ἀδικοῦντα, οὐδʼ ἂν αὐτὸς ἠξίωσε τοιαῦτα ἀπολογούμενος ἀποφεύγειν, νυνὶ δὲ περὶ τῶν τῆς πόλεως κρινόμενος οἰήσεται χρῆναι ἐμοῦ κατηγορῶν ὑμῖν μὴ δοῦναι δίκην.
It seems to me monstrous that, if in a contest over private contracts I had so clearly proved him to be in the wrong, not even he himself would have thought it right to escape by making such a defense, whereas now, when he is on trial concerning the affairs of the city, he will think that by accusing me he ought to escape paying the penalty to you.

Notes

  1. §1τῶν ἀπολογουμένων ἀποδέχεσθε — The verb `ἀποδέχομαι` (to accept) governs the genitive case (`τῶν ἀπολογουμένων`), meaning 'to accept the pleas of the defendants'. The subsequent `ἐάν` clause sets out the condition under which this acceptance occurs.
  2. §2προσταχθὲν — An accusative absolute construction using the passive participle neuter singular of the impersonal verb `προστάττω` (to order). It expresses a concessive meaning: 'although it had been commanded to him'. The logical subject is the subsequent infinitive phrase `τεττάρων μηνῶν ἀναγράψαι...`.
  3. §4ἐξὸν — An accusative absolute construction of the impersonal verb `ἔξεστι` (it is possible/allowed) in the neuter singular. It functions concessively: 'although it was possible for him (to be rid of it within thirty days)'. The logical subject of `ἐξὸν` is the infinitive `ἀπαλλαγῆναι`.
  4. §7τότε... ὁπόταν — A correlative construction linking the demonstrative adverb `τότε` (at that time) with the relative adverb `ὁπόταν` (whenever). It establishes a strict condition: 'only at that time, when (I am unable to refute him after being granted a defense), do I ask you to believe him'.
  5. §8πολλοῦ ἐδέησα — An idiomatic expression consisting of the personal form of `πολλοῦ δέω` (I fell far short of/was far from) followed by the infinitive (`γενέσθαι`). It emphatically means 'I was so far from becoming one of the Four Hundred (that...)'.

Cite this passage

Lysias, Against Nicomachus §1-8. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg030.humanitext-grc2:1-8

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.