§9ἔτι δὲ εἶναι θαυμαστὸν νομίζω Νικόμαχον ἑτέροις ἀδίκως μνησικακεῖν ἀξιοῦν, ὃν ἐγὼ ἐπιβουλεύσαντα τῷ πλήθει ἀποδείξω.
Furthermore, I think it is amazing that Nicomachus thinks it right to bear a grudge unjustly against others, when I shall prove that he himself plotted against the populace.
καί μου ἀκούσατε· δίκαιον γάρ, ὦ ἄνδρες δικασταί, περὶ τῶν τοιούτων ἀνθρώπων τὰς τοιαύτας κατηγορίας ἀποδέχεσθαι, οἵτινες τότε συγκαταλύσαντες τὸν δῆμον νυνὶ δημοτικοί φασιν εἶναι. §10ἐπειδὴ γὰρ ἀπολομένων τῶν νεῶν ἡ μετάστασις ἐπράττετο, Κλεοφῶν τὴν βουλὴν ἐλοιδόρει, φάσκων συνεστάναι καὶ οὐ τὰ βέλτιστα βουλεύειν τῇ πόλει.
And listen to me; for it is just, gentlemen of the jury, to accept such accusations against such men, who, having then joined in destroying the democracy, now claim to be democrats. For when, after the destruction of the ships, the change of government was being engineered, Cleophon abused the Council, asserting that they were conspiring and not planning what was best for the city.
Σάτυρος δʼ ὁ Κηφισιεὺς βουλεύων ἔπεισε τὴν βουλὴν δήσαντας αὐτὸν παραδοῦναι δικαστηρίῳ.
But Satyrus of Cephisia, being a member of the Council, persuaded the Council to bind him and hand him over to a court.
οἱ δὲ βουλόμενοι αὐτὸν ἀπολέσαι, §11δεδιότες μὴ οὐκ ἀποκτείνωσιν ἐν τῷ δικαστηρίῳ, πείθουσι Νικόμαχον νόμον ἀποδεῖξαι ὡς χρὴ καὶ τὴν βουλὴν συνδικάζειν.
Then those who wished to destroy him, fearing that they might not put him to death in the court, persuaded Nicomachus to produce a law to the effect that the Council also must join in trying the case.
καὶ ὁ πάντων οὗτος πονηρότατος οὕτως φανερῶς συνεστασίασεν, ὥστε τῇ ἡμέρᾳ ᾗ ἡ κρίσις ἐγένετο ἀποδεῖξαι τὸν νόμον. §12Κλεοφῶντος τοίνυν, ὦ ἄνδρες δικασταί, ἕτερα μὲν ἄν τις ἔχοι κατηγορῆσαι· τοῦτο δὲ παρὰ πάντων ὁμολογεῖται, ὅτι οἱ καταλύοντες τὸν δῆμον ἐκεῖνον ἐβούλοντο μάλιστα τῶν πολιτῶν ἐκποδὼν γενέσθαι, καὶ ὅτι Σάτυρος καὶ Χρέμων οἱ τῶν τριάκοντα γενόμενοι οὐχ ὑπὲρ ὑμῶν ὀργιζόμενοι Κλεοφῶντος κατηγόρουν, ἀλλʼ ἵνα ἐκεῖνον ἀποκτείναντες αὐτοὶ αὑτοὶ ὑμᾶς κακῶς ποιῶσι. §13καὶ ταῦτα διεπράξαντο διὰ τὸν νόμον ὃν Νικόμαχος ἀπέδειξεν.
And this most villainous of all men joined the conspiracy so openly that on the very day on which the trial took place, he produced the law. Now concerning Cleophon, gentlemen of the jury, one might have other charges to bring; but this is admitted by everyone, that those who were destroying the democracy wished above all other citizens to get him out of the way, and that Satyrus and Chremon, who became members of the Thirty, accused Cleophon not because they were angry on your behalf, but so that, having put him to death, they themselves might mistreat you. And they accomplished this by means of the law which Nicomachus produced.
εἰκὸς τοίνυν, ὦ ἄνδρες δικασταί, ἐνθυμεῖσθαι καὶ ὁπόσοι ὑμῶν ἐνόμιζον Κλεοφῶντα κακὸν πολίτην εἶναι, ὅτι καὶ τῶν ἐν τῇ ὀλιγαρχίᾳ ἀποθανόντων ἴσως τις ἦν πονηρός, ἀλλʼ ὅμως καὶ διὰ τοὺς τοιούτους ὠργίζεσθε τοῖς τριάκοντα, ὅτι οὐ τῶν ἀδικημάτων ἕνεκα ἀλλὰ κατὰ στάσιν αὐτοὺς ἀπέκτειναν. §14ἐὰν οὖν πρὸς ταῦτα ἀπολογῆται, τοσοῦτον μέμνησθε, ὅτι ἐν τοιούτῳ καιρῷ τὸν νόμον ἀπέδειξεν ἐν ᾧ ἡ πολιτεία μεθίστατο, καὶ τούτοις χαριζόμενος οἳ τὸν δῆμον κατέλυσαν, καὶ ταύτην τὴν βουλὴν συνδικάζειν ἐποίησεν ἐν ᾗ Σάτυρος μὲν καὶ Χρέμων μέγιστον ἐδύναντο, Στρομβιχίδης δὲ καὶ Καλλιάδης καὶ ἕτεροι πολλοὶ καὶ καλοὶ κἀγαθοὶ τῶν πολιτῶν ἀπώλλυντο. §15καὶ περὶ τούτων οὐδένα ἂν ἐποιησάμην λόγον, εἰ μὴ ᾐσθανόμην αὐτὸν ὡς δημοτικὸν ὄντα πειρασόμενον παρὰ τὸ δίκαιον σῴζεσθαι, καὶ τῆς εὐνοίας τῆς εἰς τὸ πλῆθος τεκμηρίῳ χρησόμενον ὅτι ἔφυγεν.
It is reasonable, therefore, gentlemen of the jury, that even those of you who considered Cleophon a bad citizen should bear in mind that, while among those who died under the oligarchy there was perhaps someone who was wicked, you were nevertheless angry with the Thirty even because of such men, because they put them to death not for their crimes but for factional reasons. If, therefore, he makes a defense against these charges, remember only this: that he produced the law at such a crisis when the constitution was being changed, and to curry favor with those who destroyed the democracy, and that he caused that Council to join in the trial, in which Satyrus and Chremon held the greatest power, while Strombichides and Calliades and many other excellent citizens were being destroyed. And I would have made no mention of these matters, if I did not perceive that he will try to save himself, contrary to justice, on the ground of being a democrat, and will use his exile as proof of his goodwill toward the populace.
ἐγὼ δὲ καὶ ἑτέρους ἂν ἔχοιμι ἐπιδεῖξαι τῶν συγκαταλυσάντων τὸν δῆμον τοὺς μὲν ἀποθανόντας, τοὺς δὲ φυγόντας τε καὶ οὐ μετασχόντας τῆς πολιτείας, §16ὥστε οὐδένα εἰκὸς αὐτῷ τούτου ὑπόλογον γενέσθαι.
But I could point to others among those who helped destroy the democracy, some of whom died, while others fled and did not participate in the government, so that it is not reasonable for this to be counted in his favor.
τοῦ μὲν γὰρ ὑμᾶς φυγεῖν μέρος τι καὶ οὗτος συνεβάλετο, τοῦ δὲ τοῦτον κατελθεῖν τὸ πλῆθος τὸ ὑμέτερον αἴτιον ἐγένετο.
For as to your exile, he himself contributed a certain part, whereas as to his return, your populace was the cause.
ἔτι δὲ καὶ δεινόν, εἰ ὧν μὲν ἄκων ἔπαθε χάριν αὐτῷ εἴσεσθε, ὧν δʼ ἑκὼν ἐξήμαρτε μηδεμίαν τιμωρίαν ποιήσεσθε. §17πυνθάνομαι δὲ αὐτὸν λέγειν ὡς ἀσεβῶ καταλύων τὰς θυσίας.
Furthermore, it would be monstrous if you should feel grateful to him for what he suffered against his will, but inflict no punishment for the wrongs he committed voluntarily. I hear that he says I commit impiety by abolishing the sacrifices.
ἐγὼ δʼ εἰ μὲν νόμους ἐτίθην περὶ τῆς ἀναγραφῆς, ἡγούμην ἂν ἐξεῖναι Νικομάχῳ τοιαῦτα εἰπεῖν περὶ ἐμοῦ· νῦν δὲ τοῖς κοινοῖς καὶ κειμένοις ἀξιῶ τοῦτον πείθεσθαι.
But if I were making laws concerning the transcription, I would think it permissible for Nicomachus to say such things about me; as it is, however, I demand that he obey the common and established laws.
θαυμάζω δὲ εἰ μὴ ἐνθυμεῖται, ὅταν ἐμὲ φάσκῃ ἀσεβεῖν λέγοντα ὡς χρὴ θύειν τὰς θυσίας τὰς ἐκ τῶν κύρβεων καὶ τῶν στηλῶν κατὰ τὰς συγγραφάς, ὅτι καὶ τῆς πόλεως κατηγορεῖ· ταῦτα γὰρ ὑμεῖς ἐψηφίσασθε.
And I wonder that he does not reflect, when he asserts that I commit impiety by saying that we ought to offer the sacrifices prescribed in the cyrbes and the stelai according to the agreements, that he is also accusing the city; for you decreed these things.
ἔπειτα εἰ ταῦτα νομίζεις δεινά, ἦ που σφόδρα ἐκείνους ἡγεῖ ἀδικεῖν,
Then, if you think these things are monstrous, surely you must think those men are doing a great wrong,