Lysias 3, “Defense Speech against Simon” (ΠΡΟΣ ΣΙΜΩΝΑ ΑΠΟΛΟΓΙΑ)

translated by John Bauschatz, 2016,
from the Greek of the 2007 Oxford Classical Text edition of Christopher Carey

free to use and distribute for non-commercial purposes with acknowledgement of the translator

[1] Though I know many terrible things about Simon, council, I never thought that he would reach such a point of audacity as to make an accusation, as though being the wounded party, about matters for which he ought to be the one paying the penalty, and as to come before you after swearing so great and holy an oath.

[2] If, then, certain others were about to serve as judges for me, I would be greatly afraid of the danger, seeing that often what is prepared and what happens by chance cause many things to turn out contrary to expectation for those running the risks; but having come before you, I hope that I will receive justice.

[3] But I am most of all upset, council, because I will be compelled to speak to you about matters for which—since I was ashamed that many people would find out about them—I put up with abuse. But since Simon has placed me into such great necessity, concealing nothing I will tell you everything that has been done.

[4] And I ask, council, that if I do wrong I receive no pardon; but if I demonstrate, concerning these matters, that I am not implicated in the things which Simon swore, but rather seem to you to have been disposed too senselessly towards the boy for my age, I ask that you think no less of me, knowing that desire is present in all men, but that this man would be best and most temperate, whoever is able to bear his misfortunes in the most orderly matter. Simon here has gotten in my way concerning all of this, as I will show you.

[5] For we desired Theodotos, council, a Plataean boy, and I, treating him well, wanted him to be my beloved; but this man, acting outrageously and breaking the law, intended to force him to do whatever he wanted. It would require a lot of work to enumerate the many bad things that boy has experienced at his hands; but I think it is fitting for you to hear how many transgressions he has committed against me.

[6] For finding out that the boy was with me, coming to my house at night, drunk, and breaking down the doors, he entered into the women’s quarters. Present inside were my sister and nieces, who have lived in such an orderly fashion as to feel shame even when they are seen by their relatives.

[7] This man, then, arrived at such a point of outrage that he was unwilling to depart before those present and those who had come with him, believing that he was behaving horribly in coming in upon girls—and orphans, at that—drove him out by force. But he did not repent for his wrongdoings: on the contrary, after he found out where we were dining, he did an extremely unusual deed and one utterly surpassing belief—unless, that is, one knows the insanity of this man.

[8] For, calling me outside from within, as soon as I went out he tried to hit me; and when I defended myself, stepping to the side he started to throw rocks at me. And he missed me, but he hit Aristokritos, who had come to my house with him, with a rock and smashed his forehead.

[9] I, then, council, believing that I was suffering terribly, but being ashamed—as I noted before—at my misfortune, I put up with it, and I chose to not get justice for these transgressions rather than to seem to the citizens to be out of my mind, knowing that while the things which had been done would be in line with the baseness of this man, nevertheless many people, of those accustomed to bear ill-will if anyone in the city desires to be dutiful, would laugh at me suffering such abuses.

[10] So very much was I at a loss as to what I should do about his lawlessness, council, that it seemed best to me to leave the city. And so, taking the boy—for I must tell the whole truth—I left the city; and when I thought enough time had gone by for Simon to forget the boy and to repent for his former transgressions, I came back.

[11] And I went to Piraeus, but this man, finding out right away that Theodotos had arrived and was hanging out at Lysimachos’ house, who lived nearby the house which he had rented, invited over some of his friends. These men were eating lunch and drinking, and they stationed guards on the roof so that, as soon as the boy came out, they might snatch him.

[12] At this moment I arrived from Piraeus, and I turned in passing towards Lysimachos’ house. After spending a bit of time there, we went out; and these men, already drunk, leapt upon us. Some of those present with him did not want to join him in his wrongdoing, but Simon here—and Theophilos, and Protarchos, and Autokles—started to drag the boy. He, ripping his cloak, departed in flight;

[13] and I, thinking that he would escape, but that they would turn themselves away in shame after running into people—thinking about all this I headed off in the opposite direction: so very much was I on guard against them, and believing that all the things they were doing were a great misfortune for me.

[14] And there, where Simon says that the battle occurred, none of us or them either received a head wound or any other injury. I will provide those who were present to you as witnesses of these events.

The witness testimony is given.

[15] That, therefore, this man, council, was the wrongdoer, and the one who plotted against us—and that I was not the one who did wrong or plotted against him—you have heard from those present. After these events the boy fled into a fuller’s shop; but these men, leaping upon him in a body, started to lead him off by force as he screamed and cried out and called for witnesses.

[16] Many people assembled and expressed outrage at the occurrence, saying that what was happening was terrible; but they took no heed of what was said, and instead beat up Molon the fuller and certain other people who tried to ward them off.

[17] I, walking alone, met up with them when they were near Lampon’s house. Thinking that it was terrible and disgraceful to overlook the boy being mistreated so lawlessly and forcefully, I took hold of him; but when I asked them why they were behaving so lawlessly against him, they didn’t want to say: instead, letting go of the boy, they started beating me.

[18] And the battle began, council: the boy hitting them and warding them off from his body; them hitting us and still hitting him under the influence of drink; me warding them off; and all of those present coming to our aid because they thought that we were being wronged. In this chaos all of us received head wounds.

[19] The others who drunkenly misbehaved with him, as soon as they saw me after these events, asked for forgiveness, not because they had been wronged, but because they had done horrible things. From that time four years have gone by, and no one has ever made any accusation against me.

[20] But Simon here, the man responsible for all of my woes, kept quiet early on, fearing for his own sake; but when he found out that I had experienced some private legal losses concerning a property swap, despising me he put me, so recklessly, into so great a contest. That, therefore, I am also telling the truth about this, I will provide for you as witnesses of these events those who were present.

The witness testimony is given.

[21] You have heard, then, what happened, both from me and from the witnesses. I would wish, council, that Simon had the same opinion as me, so that, having heard the truth from both of us, you might determine what is just easily. But since he doesn’t care at all about the oaths which he swore, I will attempt to teach you also about his lies.

[22] For he endeavored to say that he gave 300 drachmas to Theodotos, making a contract with him, and that I, plotting, alienated the boy from him. Indeed, it would be necessary, if these things really were true, for him, after summoning as many witnesses as he could, to obtain his objective in accordance with the laws.

[23] But clearly this man never did any such thing. Instead, he clearly acted outrageously, and beat both of us at the same time, and drunkenly reveled, and broke down doors, and entered at night upon free women. You absolutely must, council, consider all of this as proof that he is lying to you.

[24] And consider, too, how unbelievably he has spoken. For he valued his entire property at 250 drachmas. Indeed, it is amazing if he hired a companion-to-be for more than he happens to possess.

[25] And he has come to such a point of audacity that it does not suffice for him to lie about this alone, about having given the money; but he also claims that he got it back. How, in fact, is it likely that at that time we committed wrongs of the sort which he has detailed in his accusation, seeking to deprive him of the 300 drachmas, but that after we fought it out, we then gave the money back to him, if we had not been released from accusation and there was no compulsion?

[26] But all of this has been contrived and devised by him: he says that he gave the money so that he may not appear to be doing terrible things if he tried to outrage the boy in such a fashion with no contract; but he pretends that he got it back because it is clear that he never made an accusation about money nor even any mention about this.

[27] And he claims that, being beaten by me at his doors, he was put in a very bad way; but he clearly pursued the boy for more than four stades from his house, without injury, and he denies this although more than 200 people saw it.

[28] And he says that we came to his house, brandishing potsherds, and that I threatened that I would kill him, and that this is premeditation. But I think, council, that it is easy to know that he is lying, not only for you, who are accustomed to make examinations into such matters, but also for all other people.

[29] For to whom would it be believable that I, premeditating and plotting, went to the house of Simon during the day, with the boy, when there were so many men assembled there with him, unless I had reached such a point of insanity as to desire, though being one man, to fight with many, especially since I knew that he would have been glad to see me at his doors, this man who also came to my house and entered by force, and, not caring at all about my sister and nieces, tried to find me, and finding out where I happened to be dining, called me out and started to beat me?

[30] And, certainly, then, so that I might not be a subject of gossip, I was keeping quiet, believing that his worthlessness was a misfortune for me; but after time went by, again, as this man claims, I desired to be much talked-about?

[31] If the boy were with him, then the lie that I, on account of my desire, was compelled to do something more unusual than customary would make some sense; but, in fact, he was not speaking with this man, but hated him most of all men, and happened to be spending time with me.

[32] So: to whom of you it is believable that I initially sailed away from the city with the boy so that I might not fight with this man, but that after I came back again, I led him to Simon’s house, where I was going to have a lot of trouble?

[33] And I was plotting against him, but I went so unprepared as to bring along neither friends nor relatives nor any other man, save for this small boy, who would not be able to come to my aid, but would be sufficient to indicate, under torture, if I were committing some transgression?

[34] But I reached such a point of idiocy that, though plotting against Simon, I not only did not watch for where I could seize him, either at night or during the day, but I went where I would be seen and beaten by the greatest number of people, as though premeditating against myself, so that I might be thoroughly mistreated by my enemies!

[35] Moreover, council, also from the fight which took place it is easy to know that he is lying. For the boy, as soon as he knew what was going on, threw his cloak and left in flight; but these men pursued him, and I went a different direction.

[36] So: which should be considered guilty of the things which happened, those fleeing, or those trying to catch them? For I think it is clear to everyone that those who fear for themselves flee, and that those wishing to do something bad pursue.

[37] And it is not the case that these events are likely, but that things turned out differently. No: seizing the boy from the road, they led him by force; and I, meeting up with them, did not lay hold of them, but grabbed the boy; but they were leading him by force and beating me. These events have been corroborated for you by those present. It would thus be terrible if I seem to have premeditated about these matters, since they are the ones who happen to have done the terrible and lawless things.

[38] And what in the world would I have suffered, if the opposite of what has happened had occurred, if I, having many of my friends, met Simon and started to beat him and chase him and, catching him, sought to lead him off by force? Now, when this man has done these things, I have been placed into so great a trial, in which my homeland and all of my property is at risk?

[39] And this is the greatest and most obvious evidence of all: the man who had been wronged and was plotted against by me (as he claims) did not try within a period of four years to denounce me before you. Other men, when they fall in love and are deprived of the things they desire and come to blows, being angry they immediately seek to get redress; but this man does so much later.

[40] Therefore, I think it has been sufficiently demonstrated to you that I am guilty of none of the things which occurred. But I am so disposed towards disagreements arising from such matters that even though I have been outraged in many other respects by Simon, and my head was injured by him, I did not endeavor to denounce him, thinking that it was terrible, if, in fact, we were rivals with each other over children, to try to drive people out of their fatherland for this reason.

[41] And further, I did not think it was a case of premeditated wounding if a man wounded someone, but did not want to kill him. For who is so simple-minded that he premeditates for a long time about how one of his enemies will receive a wound?

[42] But it is clear that those who established the laws here did not think that the penalty of exile from their fatherland should apply to men who happened to get head wounds from each other while fighting. If this were the case, they would have exiled many! But they made the penalties so great in the case of those who wounded others while seeking to kill them, but were not able to kill them. They believed that it was fitting for them to pay the penalty for the things which they planned and premeditated. If they did not pull it off, they figured that they had performed their role all the same.

[43] And you have already reached this verdict many times before concerning premeditation. For it would be terrible if, in the case of men who received wounds while fighting under the influence of drink and because of a rivalry, or over boys, or because of abuse, or concerning a concubine—in which cases everyone feels sorry after they think more clearly—you will make the penalties so great and terrible as to drive some of the citizens out of their fatherland.

[44] But I am most amazed at this man because of his manner of thinking. For as I see it, it is not characteristic of the same man to both love and to make false accusations, but the former is characteristic of those who are more good-hearted, while the latter is characteristic of those who will do most anything. And I would wish it be permitted me among you to demonstrate the worthlessness of this man in other ways, so that you might know that he would much more justly be facing a penalty of death than putting others at risk of losing their fatherland.

[45] Therefore, as for the other things, I will let them go; but I will make mention of one thing, something which I think it right that you hear and which will be a proof of his boldness and recklessness. For in Corinth, after he arrived too late for the battle against the enemies and the expedition into Koroneia, he fought with the taxiarch Laches and beat him; and, once the citizens had come out in army formation, because he seemed to be most disorderly and base, alone of the Athenians he was banished by the generals.

[46] I would be able to say many other things about this man, but since it is not customary to speak off-topic in your midst, consider this: these men are the ones who entered into our home by force, these the ones who pursued, these the ones who seized us by force from the street.

[47] Mindful of these things, vote for justice, and do not overlook me being unjustly exiled from my fatherland, on behalf of which I have run many risks and performed many services, and to which neither I not any of my ancestors have been guilty of any harm, but have done many good deeds.