Humanitext Reader

Lysias · Against Philon §27-34

Rebuttal on the Lack of Law and Demand for Rejection

Passage 4 of 4 · Greek

Summary

In response to the defendant's claim that there is no explicit law against non-attendance, the speaker argues that the crime was too heinous to be anticipated. He questions the defendant's integrity and urges the Council to reject his candidacy.

§27ἀκούω δʼ αὐτὸν λέγειν ὡς, εἴ τι ἦν ἀδίκημα τὸ μὴ παραγενέσθαι ἐν ἐκείνῳ τῷ καιρῷ, νόμος ἂν ἔκειτο περὶ αὐτοῦ διαρρήδην, ὥσπερ καὶ περὶ τῶν ἄλλων ἀδικημάτων.
I hear him say that, if it were any crime not to have been present at that critical time, a law would have been laid down explicitly about it, just as about other crimes.
οὐ γὰρ οἴεται ὑμᾶς γνώσεσθαι ὅτι διὰ τὸ μέγεθος τοῦ ἀδικήματος οὐδεὶς περὶ αὐτοῦ ἐγράφη νόμος.
For he does not think you will realize that because of the magnitude of the crime no law was written about it.
τίς γὰρ ἄν ποτε ῥήτωρ ἐνεθυμήθη ἢ νομοθέτης ἤλπισεν ἁμαρτήσεσθαί τινα τῶν πολιτῶν τοσαύτην ἁμαρτίαν;
For what orator would ever have conceived, or what legislator have expected, that any of the citizens would commit so great an offense?
§28οὐ γὰρ ἂν δήπου, εἰ μέν τις λίποι τὴν τάξιν μὴ αὐτῆς τῆς πόλεως ἐν κινδύνῳ οὔσης ἀλλʼ ἑτέρους εἰς τοῦτο καθιστάσης, ἐτέθη νόμος ὡς μεγάλα ἀδικοῦντος, εἰ δέ τις αὐτῆς τῆς πόλεως ἐν κινδύνῳ οὔσης λίποι τὴν πόλιν αὐτήν, οὐκ ἂν ἄρα ἐτέθη.
For surely, if a law was enacted against one who deserts his post when the city itself is not in danger but is putting others into danger, on the ground that he is doing a great wrong, a law would not, it seems, have failed to be enacted if someone deserted the city itself when the city itself was in danger.
σφόδρα γʼ ἄν, εἴ τις ᾠήθη τινὰ τῶν πολιτῶν ἁμαρτήσεσθαί τι τοιοῦτόν ποτε.
It certainly would have been, if anyone had thought that any citizen would ever commit such an offense.
§29τίς δʼ οὐκ ἂν εἰκότως ἐπιτιμήσειεν ὑμῖν, εἰ τοὺς μετοίκους μέν, ὅτι οὐ κατὰ τὸ προσῆκον ἑαυτοῖς ἐβοήθησαν τῷ δήμῳ, ἐτιμήσατε ἀξίως τῆς πόλεως, τοῦτον δέ, ὅτι παρὰ τὸ προσῆκον ἑαυτῷ προὔδωκε τὴν πόλιν, μὴ κολάσετε, εἰ μή γε ἄλλῳ τινὶ μείζονι, τῇ γε παρούσῃ ἀτιμίᾳ;
And who would not reasonably censure you if, on the one hand, you honored the metics in a manner worthy of the city because they helped the democracy though it was not their duty, but on the other hand, you do not punish this man, who betrayed the city contrary to his duty, if not with some other greater penalty, at least with the present disfranchisement?
§30ἀναμνήσθητε δὲ διʼ ὅ τι ποτὲ τοὺς ἀγαθοὺς ἄνδρας γενομένους περὶ τὴν πόλιν τιμᾶτε καὶ τοὺς κακοὺς ἀτιμάζετε.
Remember also for what reason you honor those who have been good men towards the city and dishonor the bad.
ἐδείχθη γὰρ ἀμφότερα ταῦτα οὐ τῶν γεγενημένων μᾶλλόν τι ἕνεκα ἢ τῶν γενησομένων, ἵνʼ ἀγαθοὶ προθυμῶνται γίγνεσθαι ἐκ παρασκευῆς, κακοὶ δὲ μηδὲ ἐξ ἑνὸς τρόπου ἐπιχειρῶσιν.
For both of these policies have been demonstrated to exist not so much for the sake of past events as for the sake of future ones, so that the good may be eager to become so by preparation, and the bad may not attempt their deeds in any manner whatsoever.
§31ἔτι δὲ ἐνθυμήθητε· ποίων ἂν ὑμῖν δοκεῖ οὗτος ὅρκων φροντίσαι, ὃς ἔργω τοὺς πατρίους θεοὺς προὔδωκεν;
And consider further: what kind of oaths do you think this man would care for, who in deed betrayed his ancestral gods?
ἢ πῶς ἂν χρηστόν τι βουλεῦσαι περὶ τῆς πολιτείας, ὅς οὐδὲ ἐλευθερῶσαι τὴν πατρίδα ἐβουλήθη;
Or how could he advise anything good concerning the constitution, who did not even wish to liberate his fatherland?
ἢ ποῖα ἂν ἀπόρρητα τηρῆσαι, ὃς οὐδὲ τὰ προειρημένα ποιῆσαι ἠξίωσε;
Or what secrets would he keep, who did not even deign to perform the duties prescribed beforehand?
πῶς δʼ εἰκός ἐστι τοῦτον, ὃς οὐδὲ τελευταῖος ἐπὶ τοὺς κινδύνους ἦλθε, πρότερον τῶν κατεργασαμένων καὶ οὕτω νῦν τιμηθῆναι;
And how is it reasonable that this man, who did not even come last to face the dangers, should now be honored before those who accomplished the task, and in such a manner?
σχέτλιον δʼ ἂν εἴη, εἰ οὗτος μὲν ἅπαντας τοὺς πολίτας περὶ οὐδενὸς ἡγήσατο, ὑμεῖς δὲ τοῦτον ἕνα ὄντα μὴ ἀποδοκιμάσαιτε.
It would be shocking if, while he regarded all the citizens as nothing, you should fail to reject this single individual.
§32ὁρῶ δέ τινας οἳ νῦν μὲν τούτῳ παρασκευάζονται βοηθεῖν καὶ δεῖσθαι ὑμῶν, ἐπειδὴ ἐμὲ οὐκ ἐδύναντο πεῖσαι· τότε δέ, ὅτε οἱ κίνδυνοι μὲν ὑμῖν καὶ οἱ μέγιστοι ἀγῶνες ἦσαν, τὰ δὲ ἆθλα αὐτὴ ἡ πολιτεία ἔκειτο, καὶ ἔδει οὐ μόνον περὶ τοῦ βουλεύειν ἀλλὰ καὶ περὶ τῆς ἐλευθερίας ἀγωνίζεσθαι, τότε οὐκ ἐδέοντο αὐτοῦ βοηθῆσαι καὶ ὑμῖν καὶ κοινῇ τῇ πόλει, καὶ μὴ προδοῦναι μήτε τὴν πατρίδα μήτε τὴν βουλήν, ἧς νῦν ἀξιοῖ τυχεῖν οὐ μετὸν αὐτῷ, ἄλλων γε κατεργασαμένων.
And I see some who are now preparing to help this man and to entreat you, since they were unable to persuade me; but back then, when you faced dangers and the greatest struggles, and the prize proposed was the constitution itself, and it was necessary to fight not only for serving on the Council but also for freedom—back then they did not entreat him to help both you and the city in common, and not to betray either the fatherland or the Council, which he now claims to obtain, though he has no share in it, while others accomplished the task.
§33μόνος δή, ὦ βουλή, δικαίως οὐδʼ ἂν ἀγανακτοίη μὴ τυχών· οὐ γὰρ ὑμεῖς νῦν αὐτὸν ἀτιμάζετε, ἀλλʼ αὐτὸς αὑτὸν τότε ἀπεστέρησεν, ὅτε οὐκ ἠξίωσεν, ὥσπερ νῦν προθύμως κληρωσόμενος ἦλθε, καὶ τότε διαμαχούμενος περὶ αὐτῆς καταστῆναι μεθʼ ὑμῶν.
Therefore, O Council, he alone could not justly even be angry at failing; for it is not you who are now dishonoring him, but he deprived himself back then, when he did not deign—just as he has now eagerly come to draw lots—to stand with you then to fight to the end for the constitution.
§34ἱκανά μοι νομίζω εἰρῆσθαι, καίτοι πολλά γε παραλιπών· ἀλλὰ πιστεύω ὑμᾶς καὶ ἄνευ τούτων αὐτοὺς τὰ συμφέροντα τῇ πόλει γνώσεσθαι.
I believe enough has been said by me, although I have passed over many things; but I trust that even without these you will of yourselves know what is advantageous to the city.
οὐ γὰρ ἄλλοις τισὶν ὑμᾶς δεῖ περὶ τῶν ἀξίων ὄντων βουλεύειν τεκμηρίοις χρῆσθαι ἢ ὑμῖν αὐτοῖς, ὁποῖοί τινες ὄντες αὐτοὶ περὶ τὴν πόλιν ἐδοκιμάσθητε.
For you must not use any other evidence in deliberating about those who are worthy than yourselves, considering what kind of men you yourselves were when you were approved by the city.
ἔστι γὰρ τὰ τούτου ἐπιτηδεύματα καινὰ παραδείγματα καὶ πάσης δημοκρατίας ἀλλότρια.
For this man's practices are novel examples, and foreign to any democracy.

Notes

  1. §27διὰ τὸ μέγεθος τοῦ ἀδικήματος οὐδεὶς περὶ αὐτοῦ ἐγράφη νόμος — The speaker counters the defendant's argument ("if it were a crime, there would be a law") by asserting that the absence of a law is not due to innocence, but because the crime was too extraordinarily immense to be anticipated by any legislator.
  2. §28οὐ γὰρ ἂν δήπου... ἐτέθη νόμος... εἰ δέ τις... οὐκ ἂν ἄρα ἐτέθη — A complex conditional structure using the past indicative with ἄν (ἐτέθη) for unreal conditions. It presents an *a fortiori* argument: if a law exists for a lesser desertion (when the city is not in danger), it is absurd to think no law would apply to deserting the city itself in a moment of existential crisis.
  3. §31ποίων ἂν ὑμῖν δοκεῖ οὗτος ὅρκων φροντίσαι — The parenthetical verb δοκεῖ ("does it seem to you") governs the infinitive φροντίσαι, which is modified by the particle ἄν to express potentiality. This forms a rhetorical question: "what kind of oaths do you think he would care for (implying he would care for none)?"
  4. §32οὐ μετὸν αὐτῷ — The accusative absolute construction using the neuter present participle of the impersonal verb μέτεστι ("there is a share"). It functions contrastively/concessively: "although he has no share [or right] in it."

Cite this passage

Lysias, Against Philon §27-34. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0540.tlg031.humanitext-grc2:27-34

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