49. But I wish to say another thing in anticipation, in case Misgolas shall answer before the laws and before you. There are men who by nature differ widely from the rest of us as to their apparent age. For some men, young in years, seem mature and older than they are; others, old by count of years, seem to be mere youths. Misgolas is such a man. He happens, indeed, to be of my own age, and was in the cadet corps with me; we are now in our forty-fifth year. I am quite gray, as you see, but not he. Why do I speak of this? Because I fear that, seeing him for the first time, you may be surprised, and some such thought as this may occur to you: “Heracles! This man is not much older than Timarchus.” For not only is this youthful appearance characteristic of the man, but moreover Timarchus was already past boyhood when he used to be in his company.
49. βούλομαι δὲ κἀκεῖνο προειπεῖν, ἐὰν ἄρα ὑπακούσῃ ὁ Μισγόλας τοῖς νόμοις καὶ ὑμῖν. εἰσὶ φύσεις ἀνθρώπων πολὺ διαφέρουσαι ὀφθῆναι τῶν ἄλλων τὰ περὶ τὴν ἡλικίαν· ἔνιοι μὲν γὰρ νέοι ὄντες προφερεῖς καὶ πρεσβύτεροι φαίνονται, ἕτεροι δέ, πολὺν ἀριθμὸν χρόνου γεγονότες, παντάπασι νέοι. τούτων δʼ ἐστὶ τῶν ἀνδρῶν ὁ Μισγόλας. τυγχάνει μὲν γὰρ ἡλικιώτης ὢν ἐμὸς καὶ συνέφηβος, καὶ ἔστιν ἡμῖν τουτὶ πέμπτον καὶ τετταρακοστὸν ἔτος· καὶ ἐγὼ μὲν τοσαυτασὶ πολιὰς ἔχω ὅσας ὑμεῖς ὁρᾶτε, ἀλλʼ οὐκ ἐκεῖνος. διὰ τί οὖν ταῦτα προλέγω; ἵνα μὴ ἐξαίφνης αὐτὸν ἰδόντες θαυμάσητε καὶ τοιοῦτόν τι τῇ διανοίᾳ ὑπολάβητε· ὦ Ἡράκλεις, ἀλλʼ οὗτός γε τούτου οὐ πολὺ διαφέρει. ἅμα μὲν γὰρ ἡ φύσις ἐστὶ τοιαύτη τοῦ ἀνδρός, ἅμα δὲ ἤδη μειρακίῳ ὄντι αὐτῷ ἐπλησίαζεν.
50. But not to delay, call first, if you please, those who know that Timarchus here lived in the house of Misgolas, then read the testimony of Phaedrus, and, finally, please take the affidavit of Misgolas himself, in case fear of the gods, and respect for those who know the facts as well as he does, and for the citizens at large and for you the jurors, shall persuade him to testify to the truth. Testimony [Misgolas, son of Nicias, of Piraeus, testifies. Timarchus, who once used to stay at the house of Euthydicis the physician, became intimate with me, and I hold him today in the same esteem as in all my past acquaintance with him.]
50. ἵνα δὲ μὴ διατρίβω, πρῶτον μὲν κάλει μοι τοὺς εἰδότας Τίμαρχον τουτονὶ διαιτώμενον ἐν τῇ Μισγόλα οἰκίᾳ, ἔπειτα τὴν Φαίδρου μαρτυρίαν ἀναγίγνωσκε, τελευταίαν δέ μοι λαβὲ τὴν αὐτοῦ Μισγόλα μαρτυρίαν, ἐὰν ἄρα καὶ τοὺς θεοὺς δεδιὼς καὶ τοὺς συνειδότας αἰσχυνόμενος καὶ τοὺς ἄλλους πολίτας καὶ ὑμᾶς τοὺς δικαστὰς ἐθελήσῃ τἀληθῆ μαρτυρεῖν. Μαρτυρίαι [Μισγόλας Νικίου Πειραιεὺς μαρτυρεῖ. ἐμοὶ ἐγένετο ἐν συνηθείᾳ Τίμαρχος ὁ ἐπὶ τοῦ Εὐθυδίκου ἰατρείου ποτὲ καθεζόμενος, καὶ κατὰ τὴν γνῶσίν μου τὴν πρότερον αὐτὸν πολυωρῶν εἰς τὴν νῦν οὐ διέλιπον.]
51. Now, fellow citizens, if Timarchus here had remained with Misgolas and never gone to another man’ s house, his conduct would have been more decent—if really any such conduct is “decent”—and I should not have ventured to bring any other charge against him than that which the lawgiver describes in plain words, simply that he was a kept man. For the man who practises this thing with one person, and practises it for pay, seems to me to be liable to precisely this charge.
51. εἰ μὲν τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, Τίμαρχος οὑτοσὶ διέμεινε παρὰ τῷ Μισγόλᾳ καὶ μηκέτι ὡς ἄλλον ἧκε, μετριώτερʼ ἂν διεπέπρακτο, εἰ δή τι τῶν τοιούτων ἐστὶ μέτριον, καὶ ἔγωγε οὐκ ἂν ἐτόλμησα αὐτὸν οὐδὲν αἰτιᾶσθαι ἄλλʼ ἢ ὅπερ ὁ νομοθέτης παρρησιάζεται, ἡταιρηκέναι μόνον· ὁ γὰρ πρὸς ἕνα τοῦτο πράττων, ἐπὶ μισθῷ δὲ τὴν πρᾶξιν ποιούμενος, αὐτῷ μοι δοκεῖ τούτῳ ἔνοχος εἶναι.
52. But if, saying nothing about these bestial fellows, Cedonides, Autocleides, and Thersandrus, and simply telling the names of those in whose houses he has been an inmate, I refresh your memories and show that he is guilty of selling his person not only in Misgolas’ house, but in the house of another man also, and again of another, and that from this last he went to still another, surely you will no longer look upon him as one who has merely been a kept man, but—by Dionysus, I don’ t know how I can keep glossing the thing over all day long—as a common prostitute. For the man who follows these practices recklessly and with many men and for pay seems to me to be chargeable with precisely this.
52. ἐὰν δʼ ὑμᾶς ἀναμνήσας ἐπιδείξω, ὑπερβαίνων τούσδε τοὺς ἀγρίους, Κηδωνίδην καὶ Αὐτοκλείδην καὶ Θέρσανδρον, αὐτοὺς δὲ λέγων ὧν ἐν ταῖς οἰκίαις ἀνειλημμένος γέγονε, μὴ μόνον παρὰ τῷ Μισγόλᾳ μεμισθαρνηκότα αὐτὸν ἐπὶ τῷ σώματι, ἀλλὰ καὶ παρʼ ἑτέρῳ καὶ πάλιν παρʼ ἄλλῷ, καὶ παρὰ τούτου ὡς ἕτερον ἐληλυθότα, οὐκέτι δήπου φανεῖται μόνον ἡταιρηκώς, ἀλλὰ (μὰ τὸν Διόνυσον οὐκ οἶδʼ ὅπως δυνήσομαι περιπλέκειν ὅλην τὴν ἡμέραν) καὶ πεπορνευμένος· ὁ γὰρ εἰκῇ τοῦτο καὶ πρὸς πολλοὺς πράττων καὶ μισθοῦ, αὐτῷ μοι δοκεῖ τούτῳ ἔνοχος εἶναι.
53. Well, when now Misgolas found him too expensive and dismissed him, next Anticles, son of Callias, the deme Euonymon, took him up. Anticles, however, is absent in Samos as a member of the new colony, so I will pass on to the next incident. For after this man Timarchus had left Anticles and Misgolas, he did not repent or reform his way of life, but spent his days in the gambling-place, where the gaming-table is set, and cock-fighting and dice-throwing are the regular occupations. I imagine some of you have seen the place; at any rate you have heard of it.
53. ἐπειδὴ τοίνυν ὁ Μισγόλας τῇ τε δαπάνῃ ἀπεῖπε καὶ τοῦτον ἐξέπεμψε παρʼ ἑαυτοῦ, μετὰ τοῦτο ἀναλαμβάνει αὐτὸν Ἀντικλῆς Καλλίου Εὐωνυμεύς. οὗτος μὲν οὖν ἄπεστιν ἐν Σάμῳ μετὰ τῶν κληρούχων· ἀλλὰ τὰ μετὰ ταῦτα ἐρῶ. ὡς γὰρ ἀπηλλάγη παρὰ τοῦ Ἀντικλέους καὶ τοῦ Μισγόλα Τίμαρχος οὑτοσί, οὐκ ἐνουθέτησεν ἑαυτόν, οὐδὲ βελτιόνων διατριβῶν ἥψατο, ἀλλὰ διημέρευεν ἐν τῷ κυβείῳ, οὗ ἡ τηλία τίθεται καὶ τοὺς ἀλεκτρυόνας συμβάλλουσιν καὶ κυβεύουσιν· ἤδη γὰρ οἶμαί τινας ὑμῶν ἑωρακέναι, εἰ δὲ μή, ἀλλʼ ἀκηκοέναι γε.
54. Among the men who spend their time there is one Pittalacus, a slave-fellow who is the property of the city. He had plenty of money, and seeing Timarchus spending his time thus he took him and kept him in his own house. This foul wretch here was not disturbed by the fact that he was going to defile himself with a public slave, but thought of one thing only, of getting him to be paymaster for his own disgusting lusts; to the question of virtue or of shame he never gave a thought.
54. τῶν δὲ ἐκ τῆς διατριβῆς ταύτης ἐστί τις Πιττάλακος, ἄνθρωπος δημόσιος οἰκέτης τῆς πόλεως. οὗτος εὐπορῶν ἀργυρίου καὶ ἰδὼν τοῦτον ἐν τῇ διατριβῇ, ἀνέλαβεν αὐτὸν καὶ ἔσχε παρʼ ἑαυτῷ. καὶ ταῦτʼ οὐκ ἐδυσχέρανεν ὁ μιαρὸς οὑτοσί, μέλλων ἑαυτὸν καταισχύνειν πρὸς ἄνθρωπον δημόσιον οἰκέτην τῆς πόλεως· ἀλλʼ εἰ λήψεται χορηγὸν τῇ βδελυρίᾳ τῇ ἑαυτοῦ, τοῦτο μόνον ἐσκέψατο, τῶν δὲ καλῶν ἢ τῶν αἰσχίστων οὐδεμίαν πώποτε πρόνοιαν ἐποιήσατο.
55. Now the sins of this Pittalacus against the person of Timarchus, and his abuse of him, as they have come to my ears, are such that, by the Olympian Zeus, I should not dare to repeat them to you. For the things that he was not ashamed to do in deed, I had rather die than describe to you in words. But about the same time, while, as I have said, he was staying with Pittalacus, here comes Hegesandrus, back again from the Hellespont. I know you are surprised that I have not mentioned him long before this, so notorious is what I am going to relate.
55. καὶ τοιαῦτα ἁμαρτήματα καὶ τοιαύτας ὕβρεις ἐγὼ ἀκήκοα γεγονέναι ὑπὸ τοῦ ἀνθρώπου τούτου εἰς τὸ σῶμα τὸ Τιμάρχου, οἵας ἐγὼ μὰ τὸν Δία τὸν Ὀλύμπιον οὐκ ἂν τολμήσαιμι πρὸς ὑμᾶς εἰπεῖν· ἃ γὰρ οὑτοσὶ ἔργῳ πράττων οὐκ ᾐσχύνετο, ταῦτʼ ἐγὼ λόγῳ σαφῶς ἐν ὑμῖν εἰπὼν οὐκ ἂν δεξαίμην ζῆν. ὑπὸ δὲ τοὺς αὐτοὺς χρόνους τούτους ἐν οἷς οὗτος ἦν παρὰ τῷ Πιτταλάκῳ, καταπλεῖ δεῦρο ἐξ Ἑλλησπόντου Ἡγήσανδρος, περὶ οὗ πάλαι εὖ οἶδʼ ὅτι θαυμάζετε διότι οὐ μέμνημαι· οὕτως ἐναργές ἐστιν ὃ ἐρῶ.
56. This Hegesandrus, whom you know better than I, arrives. It happened that he had at that time sailed to the Hellespont as treasurer to the general Timomachus, of the deme Acharnae; and he returned, having made the most, it is said, of the simple-mindedness of the general, for he had in his possession no less than eighty minas of silver. Indeed, he proved to be, in a way, largely responsible for the fate of Timomachus.
56. οὗτος ὁ Ἡγήσανδρος ἀφικνεῖται, ὃν ὑμεῖς ἴστε κάλλιον ἢ ἐγώ. ἔτυχε δὲ τότε συμπλεύσας εἰς Ἑλλήσποντον ταμίας Τιμομάχῳ τῷ Ἀχαρνεῖ τῷ στρατηγήσαντι, καὶ ἧκε δεῦρο ἀπολελαυκώς, ὡς λέγεται, τῆς ἐκείνου εὐηθείας, ἔχων οὐκ ἐλάττους ὀγδοήκοντα μνᾶς ἀργυρίου· καὶ τρόπον τινὰ οὐχ ἥκιστα αἴτιος ἐγένετο Τιμομάχῳ τῆς συμφορᾶς.
57. Hegesandrus, being so well supplied with money, resorted to the house of Pittalacus, who gambled with him; there he first saw this man Timarchus; he was pleased with him, lusted after him, and wanted to take him to his own house, thinking, doubtless, that here was a man of his own kidney. So he first had a talk with Pittalacus, asking him to turn Timarchus over to him. Failing to persuade him, he appealed to the man himself. He did not spend many words; the man was instantly persuaded. For when it is a question of the business itself, Timarchus shows an openmindedness and a spirit of accommodation that are truly wonderful; indeed, that is one of the very reasons why he ought to be an object of loathing.
57. ὢν δʼ ἐν τοιαύτῃ ἀφθονίᾳ καὶ εἰσφοιτῶν ὡς τὸν Πιττάλακον συγκυβευτὴν ὄντα, καὶ τοῦτον ἐκεῖ πρῶτον ἰδών, ἥσθη τε καὶ ἐπεθύμησε καὶ ἐβουλήθη ὡς αὑτὸν ἀναλαβεῖν, καὶ πως ἡγήσατο αὐτὸν ἐγγὺς εἶναι τῆς αὑτοῦ φύσεως. πρῶτον μὲν οὖν τῷ Πιτταλάκῳ διελέχθη δεόμενος παραδοῦναι τοῦτον· ὡς δʼ οὐκ ἔπειθεν, αὐτῷ τούτῳ προσβάλλει, καὶ οὐ πολὺν ἀνήλωσε λόγον, ἀλλʼ εὐθὺς ἐπεπείκει· καὶ γὰρ εἰς αὐτὸ τὸ πρᾶγμα δεινὴ ἡ ἀκακία καὶ εὐπειστία, ὥστε καὶ ἐξ αὐτῶν τούτων εἰκότως ἂν μισοῖτο.
58. When now he had left Pittalacus’ house and been taken up by Hegesandrus, Pittalacus was enraged, I fancy, at having wasted, as he considered it, so much money, and, jealous at what was going on, he kept visiting the house. When he was getting to be a nuisance, behold, a mighty stroke on the part of Hegesandrus and Timarchus! One night when they were drunk they, with certain others, whose names I do not care to mention, burst into the house where Pittalacus was living. First they smashed the implements of his trade and tossed them into the street—sundry dice and dice-boxes, and his gaming utensils in general; they killed the quails and cocks, so well beloved by the miserable man; and finally they tied Pittalacus himself to the pillar and gave him an inhuman whipping, which lasted until even the neighbors heard the uproar.
58. ὡς δʼ ἀπήλλακτο μὲν παρὰ τοῦ Πιτταλάκου, ἀνείληπτο δὲ ὑπὸ τοῦ Ἡγησάνδρου, ὠδυνᾶτο, οἶμαι, ὁ Πιττάλακος, μάτην, ὥς γʼ ᾤετο, τοσοῦτον ἀργύριον ἀνηλωκώς, καὶ ἐζηλοτύπει τὰ γιγνόμενα. καὶ ἐφοίτα ἐπὶ τὴν οἰκίαν. ὅτε δὲ αὐτοῖς ἠνώχλει, σκέψασθε μεγάλην ῥώμην Ἡγησάνδρου καὶ Τιμάρχου· μεθυσθέντες γάρ ποτε καὶ αὐτοὶ καὶ ἄλλοι τινές, ὧν οὐ βούλομαι τὰ ὀνόματα λέγειν, εἰσπηδήσαντες νύκτωρ εἰς τὴν οἰκίαν οὗ ᾤκει ὁ Πιττάλακος, πρῶτον μὲν συνέτριβον τὰ σκευάρια καὶ διερρίπτουν εἰς τὴν ὁδόν, ἀστραγάλους τέ τινας διασείστους καὶ φιμοὺς καὶ κυβευτικὰ ἕτερα ὄργανα, καὶ τοὺς ὄρτυγας καὶ τοὺς ἀλεκτρυόνας, οὓς ἠγάπα ὁ τρισκακοδαίμων ἄνθρωπος, ἀπέκτειναν, τὸ δὲ τελευταῖον δήσαντες πρὸς τὸν κίονα αὐτὸν τὸν Πιττάλακον ἐμαστίγουν τὰς ἐξ ἀνθρώπων πληγὰς οὕτω πολὺν χρόνον, ὥστε καὶ τοὺς γείτονας αἰσθέσθαι τῆς κραυγῆς.
60. The next day Pittalacus, exceeding angry over the affair, comes without his cloak to the marketplace and seats himself at the altar of the Mother of the Gods. And when, as always happens, a crowd of people had come running up, Hegesandrus and Timarchus, afraid that their disgusting vices were going to be published to the whole town—a meeting of the assembly was about to be held—hurried up to the altar themselves, and some of their gaming-companions with them, and surrounding Pittalacus begged him to get up, saying that the whole thing was only a drunken frolic; and this man himself, not yet, by Zeus, repulsive to the sight as he is now, but still usable, begged, touching the fellow’ s chin, and saying he would do anything Pittalacus pleased.
60. τῇ δʼ ὑστεραίᾳ ὑπεραγανακτήσας τῷ πράγματι ὁ Πιττάλακος ἔρχεται γυμνὸς εἰς τὴν ἀγοράν, καὶ καθίζει ἐπὶ τὸν βωμὸν τὸν τῆς μητρὸς τῶν θεῶν. ὄχλου δὲ συνδραμόντος, οἷον εἴωθε γίγνεσθαι, φοβηθέντες ὅ τε Ἡγήσανδρος καὶ ὁ Τίμαρχος μὴ ἀνακηρυχθῇ αὐτῶν ἡ βδελυρία εἰς πᾶσαν τὴν πόλιν (ἐπῄει δὲ ἐκκλησία), θέουσι πρὸς τὸν βωμὸν καὶ αὐτοὶ καὶ τῶν συγκυβευτῶν τινες, καὶ περιστάντες ἐδέοντο τοῦ Πιτταλάκου ἀναστῆναι, λέγοντες ὅτι τὸ ὅλον πρᾶγμα παροινία γέγονεν, καὶ αὐτὸς οὗτος, οὔπω μὰ Δία ὥσπερ νῦν ἀργαλέος ὢν τὴν ὄψιν, ἀλλʼ ἔτι χρήσιμος, ὑπογενειάζων τὸν ἄνθρωπον καὶ πάντα φάσκων πράξειν ἃ ἂν ἐκείνῳ συνδοκῇ.
61. At last they persuaded him to get up from the altar, believing that he was going to receive some measure of justice. But as soon as he had left the marketplace, they paid no more attention to him.
61. πέρας πείθουσιν ἀναστῆναι ἀπὸ τοῦ βωμοῦ, ὡς τευξόμενόν τινος τῶν δικαίων. ὡς δʼ ἀπῆλθεν ἐκ τῆς ἀγορᾶς, οὐκέτι προσεῖχον αὐτῷ τὸν νοῦν.
62. the fellow, angry at their insolent treatment, brings a suit against each of them. When now the case was coming to trial, behold, another mighty stroke on the part of Hegesandrus! Here was a man who had done him no wrong, but, quite the opposite, had been wronged by him, a man on whom he had no claim, in fact, a slave belonging to the city; this man he attempted to enslave to himself, alleging that he was his owner. Now Pittalacus, reduced to desperate straits, falls in with a man—a very good man he is—one Glaucon of the deme Cholargus; he attempts to rescue Pittalacus and secure his freedom.
62. βαρέως δὲ φέρων τὴν ὕβριν αὐτῶν ὁ ἄνθρωπος, δίκην ἑκατέρῳ αὐτῶν λαγχάνει. ὅτε δʼ ἐδικάζετο, ἄλλην σκέψασθε μεγάλην ῥώμην Ἡγησάνδρου· ἄνθρωπον οὐδὲν αὐτὸν ἠδικηκότα, ἀλλὰ τὸ ἐναντίον ἠδικημένον, οὐδὲ προσήκοντα αὐτῷ, ἀλλὰ δημόσιον οἰκέτην τῆς πόλεως, ἦγεν εἰς δουλείαν φάσκων ἑαυτοῦ εἶναι. ἐν παντὶ δὲ κακοῦ γενόμενος ὁ Πιττάλακος προσπίπτει ἀνδρὶ καὶ μάλα χρηστῷ. ἔστι τις Γλαύκων Χολαργεύς· οὗτος αὐτὸν ἀφαιρεῖται εἰς ἐλευθερίαν.
63. law-suits were next begun. As time went on they submitted the matter to the arbitration of Diopeithes of Sunium, a man of Hegesandrus’ own deme and one with whom he had had dealings in his younger years. Diopeithes undertook the case, but put it off again and again in order to favor these parties.
63. τὸ δὲ μετὰ τοῦτο δικῶν λήξεις ἐποιήσαντο. προϊόντος δὲ τοῦ χρόνου ἐπέτρεψαν διαγνῶναι τὸ πρᾶγμα Διοπείθει τῷ Σουνιεῖ, δημότῃ τε ὄντι τοῦ Ἡγησάνδρου, καὶ ἤδη ποτὲ καὶ χρησαμένῳ, ὅτʼ ἦν ἐν ἡλικίᾳ· παραλαβὼν δὲ τὸ πρᾶγμα ὁ Διοπείθης ἀνεβάλλετο χαριζόμενος τούτοις χρόνους ἐκ χρόνων.
64. But when now Hegesandrus was coming before you as a public speaker, being at the same time engaged in his attack on Aristophon of Azenia, an attack which he kept up until Aristophon threatened to institute against him before the people the same process that I have instituted against Timarchus, and when Hegesandrus’ brother Crobylus was coming forward as a public man, when, in short, these men had the effrontery to advise you as to international questions, then at last Pittalacus, losing confidence in himself and asking himself who he was that he should attempt to fight against such men as these, came to a wise decision—for I must speak the truth: he gave up, and considered himself lucky if his ill-treatment should stop there. So now when Hegesandrus had won this glorious victory—without a fight!—he kept possession of the defendant, Timarchus.
64. ὡς δὲ παρῄει ἐπὶ τὸ βῆμα τὸ ὑμέτερον ὁ Ἡγήσανδρος, ὅτε καὶ προσεπολέμει Ἀριστοφῶντι τῷ Ἀζηνιεῖ, πρὶν αὐτῷ τὴν αὐτὴν ταύτην ἐν τῷ δήμῳ ἠπείλησεν ἐπαγγελίαν ἐπαγγελεῖν ἥνπερ ἐγὼ Τιμάρχῳ, καὶ ἐπειδὴ Κρωβύλος ὁ ἀδελφὸς αὐτοῦ ἐδημηγόρει, καὶ ὅλως ἀπετόλμων ὑμῖν οὗτοι περὶ τῶν Ἑλληνικῶν συμβουλεύειν, ἐνταῦθα ἤδη καταμεμψάμενος ἑαυτὸν ὁ Πιττάλακος, καὶ ἐκλογισάμενος ὅστις ὢν πρὸς οὕστινας ἐπολέμει εὖ ἐβουλεύσατο (δεῖ γὰρ τἀληθὲς λέγειν)· ἡσυχίαν ἔσχεν, καὶ ἠγάπησεν εἴ τι μὴ προσλάβοι καινὸν κακόν. ἐνταῦθα δὴ τὴν καλὴν ταύτην νίκην νενικηκὼς ὁ Ἡγήσανδρος ἀκονιτί, εἶχε παρʼ ἑαυτῷ Τίμαρχον τουτονί.
65. That this is true you all know. For who of you that has ever gone to the stalls where dainty foods are sold has not observed the lavish expenditures of these men? Or who that has happened to encounter their revels and brawls has not been indignant in behalf of the city? However, since we are in court, call, if you please, Glaucon of Cholargus, who restored Pittalacus to freedom, and read his affidavit and the others.
65. καὶ ταῦτα ὅτι ἀληθῆ λέγω, πάντες ἴστε· τίς γὰρ ὑμῶν πώποτε εἰς τοὖψον ἀφῖκται καὶ τὰς δαπάνας τὰς τούτων οὐ τεθεώρηκεν; ἢ τίς τοῖς τούτων κώμοις καὶ μάχαις περιτυχὼν οὐκ ἠχθέσθη ὑπὲρ τῆς πόλεως; ὅμως δέ, ἐπειδήπερ ἐν δικαστηρίῳ ἐσμέν, κάλει μοι Γλαύκωνα Χολαργέα τὸν ἀφελόμενον εἰς ἐλευθερίαν τὸν Πιττάλακον, καὶ τὰς ἑτέρας μαρτυρίας ἀναγίγνωσκε.
66. Affidavits [Glaucon, son of Timaeus, of Cholargus, testifies. I rescued Pittalacus and secured his freedom, when Hegesandrus was attempting to make him his slave. Some time after this, Pittalacus came to me and said that he wished to send to Hegesandrus and come to such settlement with him that the suits should be dropped, both his own suit against Hegesandrus and Timarchus, and the suit of Hegesandrus for his enslavement. And they came to a settlement. Amphisthenes testifies to the same effect. “I rescued Pittalacus and secured his freedom, when Hegesandrus was attempting to make him his slave,” and so forth.]
66. Μαρτυρίαι [μαρτυρεῖ Γλαύκων Τιμαίου Χολαργεύς. ἐγὼ ἀγόμενον εἰς δουλείαν ὑπὸ Ἡγησάνδρου Πιττάλακον ἀφειλόμην εἰς ἐλευθερίαν. χρόνῳ δʼ ὕστερον ἐλθὼν πρὸς ἐμὲ Πιττάλακος ἔφη βούλεσθαι διαλυθῆναι τὰ πρὸς Ἡγήσανδρον προσπέμψας αὐτῷ, ὥστε ἄρασθαι τὰς δίκας, ἥν τε αὐτὸς ἐνεκαλέσατο Ἡγησάνδρῳ καὶ Τιμάρχῳ, καὶ ἣν Ἡγήσανδρος τῆς δουλείας αὐτῷ. καὶ διελύθησαν. ὡσαύτως Ἀμφισθένης μαρτυρεῖ. ἐγὼ ἀγόμενον εἰς δουλείαν ὑπὸ Ἡγησάνδρου Πιττάλακον ἀφειλόμην εἰς ἐλευθερίαν, καὶ τὰ ἑξῆς.]
67. Now I will summon Hegesandrus himself for you. I have written out for him an affidavit that is too respectable for a man of his character, but a little more explicit than the one I wrote for Misgolas. I am perfectly aware that he will refuse to swear to it, and presently will perjure himself. Why then do I call him to testify? That I may demonstrate to you what sort of man this kind of life produces—how regardless of the gods, how contemptuous of the laws, how indifferent to all disgrace. Please call Hegesandrus.
67. οὐκοῦν καὶ αὐτὸν ὑμῖν καλῶ τὸν Ἡγήσανδρον. γέγραφα δʼ αὐτῷ μαρτυρίαν κοσμιωτέραν μὲν ἢ κατʼ ἐκεῖνον, μικρῷ δὲ σαφεστέραν ἢ τῷ Μισγόλᾳ. οὐκ ἀγνοῶ δʼ ὅτι ἀπομεῖται καὶ ἐπιορκήσει. διὰ τί οὖν καλῶ ἐπὶ τὴν μαρτυρίαν; ἵνʼ ὑμῖν ἐπιδείξω οἵους ἀπεργάζεται ἀνθρώπους τὸ ἐπιτήδευμα τοῦτο, ὡς καταφρονοῦντας μὲν τῶν θεῶν, ὑπερορῶντας δὲ τοὺς νόμους, ὀλιγώρως δὲ ἔχοντας πρὸς ἅπασαν αἰσχύνην. κάλει μοι τὸν Ἡγήσανδρον.
68. Affidavit [Hegesandrus, son of Diphilus, of Steiria testifies. When I returned from my voyage to the Hellespont, I found Timarchus, son of Arizelus, staying at the house of Pittalacus, the gambler. As a result of this acquaintance I enjoyed the same intimacy with Timarchus as with Leodamas previously.]
68. Μαρτυρία [Ἡγήσανδρος Διφίλου Στειριεὺς μαρτυρεῖ. ὅτε κατέπλευσα ἐξ Ἑλλησπόντου, κατέλαβον παρὰ Πιτταλάκῳ τῷ κυβευτῇ διατρίβοντα Τίμαρχον τὸν Ἀριζήλου, καὶ ἐξ ἐκείνης τῆς γνώσεως ἐχρησάμην Τιμάρχῳ ὁμιλῶν τῇ αὐτῇ χρήσει ᾗ καὶ τὸ πρότερον Λεωδάμαντι.]
69. I was sure, fellow citizens, that Hegesandrus would disdain the oath, and I told you so in advance. This too is plain at once, that since he is not willing to testify now, he will presently appear for the defence. And no wonder, by Zeus! For he will come up here to the witness stand, I suppose, trusting in his record, honorable and upright man that he is, an enemy of all evil-doing, a man who does not know who Leodamas was—Leodamas, at whose name you yourselves raised a shout as the affidavit was being read.
69. οὐκ ἠγνόουν ὅτι ὑπερόψεται τὸν ὅρκον, ὦ ἄνδρες Ἀθηναῖοι, ἀλλὰ καὶ προεῖπον ὑμῖν. κἀκεῖνό γε πρόδηλόν ἐστιν, ὅτι ἐπειδὴ νῦν οὐκ ἐθέλει μαρτυρεῖν, αὐτίκα πάρεισιν ἐν τῇ ἀπολογίᾳ. καὶ οὐδὲν μὰ Δία θαυμαστόν· ἀναβήσεται γὰρ οἶμαι δεῦρο πιστεύων τῷ ἑαυτοῦ βίῳ ἀνὴρ καλὸς κἀγαθὸς καὶ μισοπόνηρος, καὶ τὸν Λεωδάμαντα ὅστις ἦν οὐ γιγνώσκων, ἐφʼ ᾧ ὑμεῖς ἐθορυβήσατε τῆς μαρτυρίας ἀναγιγνωσκομένης.
70. Shall I yield to the temptation to use language somewhat more explicit than my own self-respect allows? Tell me, fellow citizens, in the name of Zeus and the other gods, when a man has defiled himself with Hegesandrus, does not that man seem to you to have prostituted himself to a prostitute? In what excesses of bestiality are we not to imagine them to have indulged when they were drunken and alone! Don’ t you suppose that Hegesandrus, in his desire to wipe out his own notorious practices with Leodamas, which are known to all of you, made extravagant demands on the defendant, hoping to make Timarchus’ conduct so exceedingly bad that his own earlier behavior would seem to have been modest indeed?
70. ἆρά γε ἐξαχθήσομαί τι σαφέστερον εἰπεῖν ἢ κατὰ τὴν ἐμαυτοῦ φύσιν; εἴπατέ μοι πρὸς τοῦ Διὸς καὶ τῶν ἄλλων θεῶν, ὦ ἄνδρες Ἀθηναῖοι, ὅστις αὑτὸν κατῄσχυνε πρὸς Ἡγήσανδρον, οὐ δοκεῖ ὑμῖν πρὸς τὸν πόρνον πεπορνεῦσθαι; ἢ τίνας αὐτοὺς οὐκ οἰόμεθʼ ὑπερβολὰς ποιεῖσθαι βδελυρίας παροινοῦντας καὶ μονουμένους; οὐκ οἴεσθε τὸν Ἡγήσανδρον ἀπολυόμενον τὰς πρὸς τὸν Λεωδάμαντα πράξεις τὰς περιβοήτους, ἃς ὑμεῖς ἅπαντες σύνιστε, ὑπερήφανα ἐπιτάγματα ἐπιτάττειν, ὡς ταῖς τούτου ὑπερβολαῖς αὐτὸν δόξοντα μέτρια διαπεπρᾶχθαι;
71. And yet you will presently see Hegesandrus and his brother Crobylus leaping to the platform here and most vehemently and eloquently declaring that what I say is all nonsense. They will demand that I present witnesses to testify explicitly where he did it, how he did it, or who saw him do it, or what sort of an act it was—a shameless demand, I think. For I do not believe your memory is so short that you have forgotten the laws that you heard read a few moments ago, in which it stands written that if anyone hires any Athenian for this act, or if any one lets himself out for hire, he is liable to the most severe penalties, and the same penalties for both offences. Now what man is so reckless that he would be willing to give in plain words testimony which, if the testimony be true, would inevitably amount to information against himself as liable to extreme punishment?
71. ἀλλʼ ὅμως ὄψεσθε ὅτι καὶ μάλα ἐπιστρεφῶς καὶ ῥητορικῶς αὐτὸς καὶ ὁ ἀδελφὸς αὐτοῦ Κρωβύλος αὐτίκα μάλα δεῦρο ἀναπηδήσαντες ταῦτα μὲν εἶναι πολλῆς ἀβελτερίας φήσουσιν, ἃ ἐγὼ λέγω, ἀξιώσουσι δέ με μάρτυρας παρασχέσθαι διαρρήδην μαρτυροῦντας, ὅπου ἔπραττεν, ὅπως ἐποίει, ἢ τίς εἶδεν, ἢ τίς ἦν ὁ τρόπος, πρᾶγμα οἶμαι ἀναιδὲς λέγοντες, οὐ γὰρ ἔγωγε ὑπολαμβάνω οὕτως ὑμᾶς ἐπιλήσμονας εἶναι, ὥστε ἀμνημονεῖν ὧν ὀλίγῳ πρότερον ἠκούσατε ἀναγιγνωσκομένων νόμων, ἐν οἷς γέγραπται, ἐάν τις μισθώσηταί τινα Ἀθηναίων ἐπὶ ταύτην τὴν πρᾶξιν, ἢ ἐάν τις ἑαυτὸν μισθώσῃ, ἔνοχον εἶναι τοῖς μεγίστοις καὶ τοῖς ἴσοις ἐπιτιμίοις. τίς οὖν οὕτω ταλαίπωρός ἐστιν ἄνθρωπος, ὅστις ἂν ἐθελήσειε σαφῶς τοιαύτην μαρτυρίαν μαρτυρῆσαι, ἐξ ἧς ὑπάρχει αὐτῷ, ἐὰν τἀληθῆ μαρτυρήσῃ, ἐπιδεικνύναι ἔνοχον ὄντα ἑαυτὸν τοῖς ἐσχάτοις ἐπιτιμίοις;
73. Only one alternative then remains: that the man who submitted to the act shall acknowledge it. But he is on trial on precisely this charge, that after such conduct as this, he breaks the laws by speaking before the assembly. Shall we, then, drop the whole affair, and make no further inquiry? By Poseidon, a fine home this city will be for us, if when we ourselves know that a thing has been done in fact, we are to ignore it unless some man come forward here and testify to the act in words as explicit as they must be shameless.
73. οὐκοῦν ὑπόλοιπόν ἐστι τὸν πεπονθότα ὁμολογεῖν. ἀλλὰ διὰ τοῦτο κρίνεται, ὅτι ταῦτα πράξας παρὰ τοὺς νόμους δημηγορεῖ. βούλεσθε οὖν τὸ ὅλον πρᾶγμα ἀφῶμεν καὶ μὴ ζητῶμεν; νὴ τὸν Ποσειδῶ καλῶς ἄρα τὴν πόλιν οἰκήσομεν, εἰ ἃ αὐτοὶ ἔργῳ ἴσμεν γιγνόμενα, ταῦτα ἐὰν μή τις ἡμῖν δεῦρο παρελθὼν σαφῶς ἅμα καὶ ἀναισχύντως μαρτυρήσῃ, διὰ τοῦτο ἐπιλησόμεθα.
74. But pray consider the case with the help of illustrations; and naturally the illustrations will have to be like the pursuits of Timarchus. You see the men over yonder who sit in the bawdy-houses, men who confessedly pursue the profession. Yet these persons, brought to such straits as that, do nevertheless make some attempt to cover their shame: they shut their doors. Now if, as you are passing along the street, any one should ask you, “Pray, what is the fellow doing at this moment?” you would instantly name the act, though you do not see it done, and do not know who it was that entered the house; knowing the profession of the man, you know his act also.
74. σκέψασθε δὲ καὶ ἐκ παραδειγμάτων· ἀνάγκη δʼ ἴσως ἔσται παραπλήσια τὰ παραδείγματα εἶναι τοῖς τρόποις τοῖς Τιμάρχου. ὁρᾶτε τουτουσὶ τοὺς ἐπὶ τῶν οἰκημάτων καθημένους, τοὺς ὁμολογουμένως τὴν πρᾶξιν πράττοντας. οὗτοι μέντοι ὅταν πρὸς τῇ ἀνάγκῃ ταύτῃ γίγνωνται, ὅμως πρό γε τῆς αἰσχύνης προβάλλονταί τι καὶ συγκλῄουσι τὰς θύρας. εἰ δή τις ὑμᾶς ἔροιτο τοὺς ὁδῷ πορευομένους, τί νῦν ὁ ἄνθρωπος πράττει, εὐθὺς ἂν εἴποιτε τοῦ ἔργου τοὔνομα, οὐχ ὁρῶντες, οὐδʼ εἰδότες τὸν εἰσεληλυθότα ὅστις ἦν, ἀλλὰ τὴν προαίρεσιν τῆς ἐργασίας τοῦ ἀνθρώπου συνειδότες, καὶ τὸ πρᾶγμα γνωρίζετε.
75. In the same way, therefore, you ought to judge the case of Timarchus, and not to ask whether anyone saw, but whether he has done the deed. For by heaven, Timarchus, what shall a man say? What would you say yourself about another man on trial on this charge? What shall we say when a young man leaves his father’ s house and spends his nights in other people’ s houses, a conspicuously handsome young man? When he enjoys costly suppers without paying for them, and keeps the most expensive flutegirls and harlots? When he gambles and pays nothing himself but another man always pays for him?
75. οὐκοῦν τὸν αὐτὸν τρόπον προσήκει ὑμᾶς καὶ περὶ Τιμάρχου ἐξετάζειν, καὶ μὴ σκοπεῖν εἴ τις εἶδεν, ἀλλʼ εἰ πέπρακται τούτῳ ἡ πρᾶξις. ἐπεὶ πρὸς θεῶν τί χρὴ λέγειν, Τίμαρχε; τί ἂν εἴποις αὐτὸς περὶ ἑτέρου ἀνθρώπου ἐπὶ τῇ αἰτίᾳ ταύτῃ κρινομένου; ἢ τί χρὴ λέγειν, ὅταν μειράκιον νέον, καταλιπὸν τὴν πατρῴαν οἰκίαν, ἐν ἀλλοτρίαις οἰκίαις νυκτερεύῃ, τὴν ὄψιν ἑτέρων διαφέρον, καὶ πολυτελῆ δεῖπνα δειπνῇ ἀσύμβολον, καὶ αὐλητρίδας ἔχῃ καὶ ἑταίρας τὰς πολυτελεστάτας, καὶ κυβεύῃ, καὶ μηδὲν ἐκτίνῃ αὐτός, ἀλλʼ ἕτερος ὑπὲρ ἐκείνου;
76. Does it take a wizard to explain all that? Is it not perfectly plain that the man who makes such demands must himself necessarily be furnishing in return certain pleasures to the men who are spending their money on him? I say “furnishing pleasures,” because, by the Olympian Zeus, I don’ t know how I can use more euphemistic language than that in referring to your contemptible conduct.
76. ἔτι ταῦτα μαντείας προσδεῖται; οὐκ εὔδηλον ὅτι πᾶσα ἀνάγκη τὸν τὰ τηλικαῦτα ἐπιτάγματά τισιν ἐπιτάττοντα καὶ αὐτὸν ἀντὶ τούτων ἡδονάς τινας παρασκευάζειν τοῖς τὸ ἀργύριον προαναλίσκουσιν; οὐ γὰρ ἔχω, μὰ τὸν Δία τὸν Ὀλύμπιον, τίνα τρόπον εὐφημότερον μνησθῶ τῶν σοὶ καταγελάστως πεπραγμένων ἔργων.
77. But also look at the case, if you please, with the help of certain illustrations taken from the field of politics, especially matters which you have in hand just now. We have been having revisions of the citizen-lists in the demes, and each one of us has submitted to a vote regarding himself to determine whether he is a genuine citizen or not. Now whenever I am in the court-room listening to the pleas, I see that the same argument always prevails with you: when the prosecutor says “Gentlemen of the jury, the men of the deme have under oath excluded this man on their own personal knowledge, although nobody brought accusation or gave testimony against him,” you immediately applaud, assuming that the man who is before the court has no claim to citizenship.
77. θεωρήσατε δέ, εἰ βούλεσθε, τὸ πρᾶγμα καὶ ἐκ πολιτικῶν τινων παραδειγμάτων, καὶ μάλιστα ἐκ τούτων ἃ νυνὶ μετὰ χεῖρας ἔχετε. γεγόνασι διαψηφίσεις ἐν τοῖς δήμοις, καὶ ἕκαστος ἡμῶν ψῆφον δέδωκε περὶ τοῦ σώματος, ὅστις Ἀθηναῖος ὄντως ἐστὶ καὶ ὅστις μή. καὶ ἔγωγε, ἐπειδὰν προσστῶ πρὸς τὸ δικαστήριον καὶ ἀκροάσωμαι τῶν ἀγωνιζομένων, ὁρῶ ὅτι ἀεὶ τὸ αὐτὸ παρʼ ὑμῖν ἰσχύει. ἐπειδὰν γὰρ εἴπῃ ὁ κατήγορος·
78. For I suppose you are of the opinion that when one knows a thing perfectly of his own knowledge, he does not need argument or testimony in addition. Come now, in God’ s name! if, as on the question of birth, so on the question of these personal habits, Timarchus had to submit to a vote as to whether he is guilty of the charge or not, and the case were being tried in court and were being brought before you as now, except that it were not permitted by constitution or statute either for me to accuse or for him to defend himself, and if this crier who is now standing at my side were putting the question to you in the formula prescribed by law, “The hollow ballot for the juror who believes that Timarchus has been a prostitute, the solid ballot for the juror who does not,” what would be your vote? I am absolutely sure that you would decide against him.
78. ἄνδρες δικασταί, τουτουὶ κατεψηφίσαντο οἱ δημόται ὀμόσαντες, οὐδενὸς ἀνθρώπων οὔτε κατηγορήσαντος οὔτε καταμαρτυρήσαντος, ἀλλʼ αὐτοὶ συνειδότες, εὐθὺς θορυβεῖτε ὑμεῖς ὡς οὐ μετὸν τῷ κρινομένῳ τῆς πόλεως· οὐδὲν γὰρ οἶμαι δοκεῖ προσδεῖσθαι ὑμῖν λόγου οὐδὲ μαρτυρίας, ὅσα τις σαφῶς οἶδεν αὐτός. φέρε δὴ πρὸς τοῦ Διός, εἰ, ὥσπερ περὶ τοῦ γένους, οὕτω καὶ περὶ τοῦ ἐπιτηδεύματος τούτου ἐδέησε δοῦναι ψῆφον Τίμαρχον, εἴτʼ ἔνοχός ἐστιν εἴτε μή, ἐκρίνετο δὲ τὸ πρᾶγμα ἐν τῷ δικαστηρίῳ, εἰσήγετο δʼ εἰς ὑμᾶς ὥσπερ νυνί, μὴ ἐξῆν δʼ ἐκ τοῦ νόμου ἢ τοῦ ψηφίσματος μήτε ἐμοὶ κατηγορεῖν μήτε τούτῳ ἀπολογεῖσθαι, ὁ δὲ κῆρυξ οὑτοσὶ ὁ νυνὶ παρεστηκὼς ἐμοὶ ἐπηρώτα ὑμᾶς τὸ ἐκ τοῦ νόμου κήρυγμα· τῶν ψήφων ἡ τετρυπημένη, ὅτῳ δοκεῖ πεπορνεῦσθαι Τίμαρχος, ἡ δὲ πλήρης, ὅτῳ μή, τί ἂν ἐψηφίσασθε; ἀκριβῶς οἶδʼ ὅτι κατέγνωτʼ ἂν αὐτοῦ.
80. Now if one of you should ask me, “How do you know that we would vote against him?” I should answer, “Because you have spoken out and told me.” And I will remind you when and where each man of you speaks and tells me: it is every time that Timarchus mounts the platform in the assembly; and the senate spoke out, when last year he was a member of the senate. For every time he used such words as “walls” or “tower” that needed repairing, or told how so-and-so had been “taken off” somewhere, you immediately laughed and shouted, and yourselves spoke the words that belong to those exploits of which he, to your knowledge, is guilty.
80. εἰ δή τις με ἔροιτο ὑμῶν· σὺ δὲ τί οἶσθα, εἰ ἡμεῖς ἂν τούτου κατεψηφισάμεθα; εἴποιμʼ ἄν· διότι πεπαρρησίασθέ μοι καὶ διείλεχθε. καὶ ὁπότε καὶ ὅπου ἕκαστος, ἐγὼ ὑμᾶς ὑπομνήσω· ὅταν οὗτος ἀναβῇ ἐπὶ τὸ βῆμα· καὶ ἡ βουλή, ὅτε ἐβούλευε πέρυσιν. εἰ γὰρ μνησθείη τειχῶν ἐπισκευῆς ἢ πύργου, ἢ ὡς ἀπήγετό ποι τις, εὐθὺς ἐβοᾶτε καὶ ἐγελᾶτε, καὶ αὐτοὶ ἐλέγετε τὴν ἐπωνυμίαν τῶν ἔργων ὧν σύνιστε αὐτῷ.
81. will pass over the most of these incidents and those which happened long ago, but I do wish to remind you of what took place at the very assembly in which I instituted this process against Timarchus. The Senate of the Areopagus appeared before the people in accordance with the resolution that Timarchus had introduced in the matter of the dwelling-houses on the Pnyx. The member of the Areopagus who spoke was Autolycus, a man whose life has been good and pious, by Zeus and Apollo, and worthy of that body.
81. καὶ τὰ μὲν πολλὰ καὶ παλαιὰ ἐάσω, τὰ δὲ ἐν αὐτῇ τῇ ἐκκλησίᾳ γενόμενα, ὅτε ἐγὼ τὴν ἐπαγγελίαν ταύτην Τιμάρχῳ ἐπήγγειλα, ταῦθʼ ὑμᾶς ἀναμνῆσαι βούλομαι. τῆς γὰρ βουλῆς τῆς ἐν Ἀρείῳ πάγῳ πρόσοδον ποιουμένης πρὸς τὸν δῆμον κατὰ τὸ ψήφισμα, ὃ οὗτος εἰρήκει περὶ τῶν οἰκήσεων τῶν ἐν τῇ Πυκνί, ἦν μὲν ὁ τὸν λόγον λέγων ἐκ τῶν Ἀρεοπαγιτῶν Αὐτόλυκος, καλῶς νὴ τὸν Δία καὶ τὸν Ἀπόλλω καὶ σεμνῶς καὶ ἀξίως ἐκείνου τοῦ συνεδρίου βεβιωκώς·
82. Now when in the course of his speech he declared that the Areopagus disapproved the proposition of Timarchus, and said, “You must not be surprised, fellow citizens, if Timarchus is better acquainted than the Senate of the Areopagus with this lonely spot and the region of the Pnyx,” then you applauded and said Autolycus was right, for Timarchus was indeed acquainted with it.
82. ἐπειδὴ δέ που προϊόντος τοῦ λόγου εἶπεν ὅτι τό γε εἰσήγημα τὸ Τιμάρχου ἀποδοκιμάζει ἡ βουλή, καὶ περὶ τῆς ἐρημίας ταύτης καὶ τοῦ τόπου τοῦ ἐν τῇ Πυκνὶ μὴ θαυμάσητε, ὦ ἄνδρες Ἀθηναῖοι, εἰ Τίμαρχος ἐμπειροτέρως ἔχει τῆς βουλῆς τῆς ἐξ Ἀρείου πάγου, ἀνεθορυβήσατε ὑμεῖς ἐνταῦθα καὶ ἔφατε τὸν Αὐτόλυκον ἀληθῆ λέγειν· εἶναι γὰρ αὐτὸν ἔμπειρον.
83. Autolycus, however, did not catch the point of your uproar; he frowned and stopped a moment; then he went on: “But, fellow citizens, we members of the Areopagus neither accuse nor defend, for such is not our tradition, but we do make some such allowance as this for Timarchus: he perhaps,” said he, “thought that where everything is so quiet, there will be but little expense for each of you.” Again, at the words “quiet” and “little expense,” he encountered still greater laughter and shouting from you.
83. ἀγνοήσας δʼ ὑμῶν τὸν θόρυβον, ὁ Αὐτόλυκος μάλα σκυθρωπάσας καὶ διαλιπὼν εἶπεν· ἡμεῖς μέντοι, ὦ ἄνδρες Ἀθηναῖοι, οἱ Ἀρεοπαγῖται οὔτε κατηγοροῦμεν οὔτε ἀπολογούμεθα, οὐ γὰρ ἡμῖν πάτριόν ἐστιν, ἔχομεν δὲ τοιαύτην τινὰ συγγνώμην Τιμάρχῳ· οὗτος ἴσως, ἔφη, ᾠήθη ἐν τῇ ἡσυχίᾳ ταύτῃ μικρὸν ὑμῶν ἑκάστῳ ἀνάλωμα γίγνεσθαι. πάλιν ἐπὶ τῇ ἡσυχίᾳ καὶ τῷ μικρῷ ἀναλώματι μείζων ἀπήντα παρʼ ὑμῶν μετὰ γέλωτος θόρυβος.
84. and when he spoke of the “house sites” and the “tanks” you simply couldn’ t restrain yourselves. Thereupon Pyrrandrus came forward to censure you, and he asked the people if they were not ashamed of themselves for laughing in the presence of the Senate of the Areopagus. But you drove him off the platform, replying, “We know, Pyrrandrus, that we ought not to laugh in their presence, but so strong is the truth that it prevails—over all the calculations of men.”
84. ὡς δʼ ἐπεμνήσθη τῶν οἰκοπέδων καὶ τῶν λάκκων, οὐδʼ ἀναλαβεῖν αὑτοὺς ἐδύνασθε. ἔνθα δὴ καὶ παρέρχεται Πύρρανδρος ἐπιτιμήσων ὑμῖν, καὶ ἤρετο τὸν δῆμον, εἰ οὐκ αἰσχύνοιντο γελῶντες παρούσης τῆς βουλῆς τῆς ἐξ Ἀρείου πάγου. ὑμεῖς δʼ ἐξεβάλλετε αὐτὸν ὑπολαμβάνοντες· ἴσμεν, ὦ Πύρρανδρε, ὅτι οὐ δεῖ γελᾶν τούτων ἐναντίον· ἀλλʼ οὕτως ἰσχυρόν ἐστιν ἡ ἀλήθεια, ὥστε πάντων ἐπικρατεῖν τῶν ἀνθρωπίνων λογισμῶν.
85. This, then, I understand to be the testimony that has been offered you by the people of Athens, and it would not be proper that they should be convicted of giving false testimony. When I, fellow citizens, say not a word, you of yourselves shout the name of the acts of which you know he is guilty; strange, then, it would be if when I name them, you cannot remember them; even had there been no trial of this case, he would have been convicted; strange indeed then if when the charge has been proved, he is to be acquitted!
85. ταύτην ἐγὼ ὑπολαμβάνω μαρτυρίαν μεμαρτυρῆσθαι ὑμῖν ὑπὸ τοῦ δήμου τοῦ Ἀθηναίων, ὃν ἁλῶναι ψευδομαρτυρίων οὐ καλῶς ἔχει. οὐκοῦν ἄτοπον, ὦ ἄνδρες Ἀθηναῖοι, εἰ μηδὲν μὲν ἐμοῦ λέγοντος αὐτοὶ βοᾶτε τὴν ἐπωνυμίαν τῶν ἔργων ὧν σύνιστε τούτῳ, ἐμοῦ δὲ λὲγοντος ἐπιλέλησθε, καὶ μὴ γενομένης μὲν κρίσεως περὶ τοῦ πράγματος ἑάλω ἄν, γεγονότος δὲ ἐλέγχου ἀποφεύξεται.
86. But since I have mentioned the revision of the lists and the measures proposed by Demophilus, I wish to cite a certain other illustration in this connection. For this Demophilus had previously brought in a measure of the following sort: he declared that there were certain men who were attempting to bribe the members of the popular assembly and the courts as well—the same assertion that Nicostratus also has made very recently. Some cases under this charge have been in the courts, others are still pending.
86. ἐπεὶ δὲ ἐμνήσθην τῶν διαψηφίσεων καὶ τῶν Δημοφίλου πολιτευμάτων, βούλομαί τι καὶ ἄλλο παράδειγμα περὶ τούτων εἰπεῖν. ὁ γὰρ αὐτὸς οὗτος ἀνὴρ καὶ πρότερόν τι τοιοῦτον πολίτευμα ἐπολιτεύσατο. ᾐτιάσατό τινας εἶναι οἳ ἄρα ἐνεχείρουν συνδεκάζειν τὴν ἐκκλησίαν καὶ τἆλλα δικαστήρια, ὥσπερ καὶ νυνὶ Νικόστρατος· καὶ περὶ τούτων κρίσεις αἱ μὲν γεγόνασιν, αἱ δὲ ἐνεστᾶσιν ἔτι.
87. Come now, in the name of Zeus and the gods, if they had resorted to the same defence that Timarchus and his advocates now offer, and demanded that someone should testify explicitly to the crime, or else that the jurors should refuse to believe the charge, surely according to that demand it would have been absolutely necessary for the one man to testify that he gave a bribe, the other, that he took a bribe, though the law threatens each of them with death precisely as in this case if anyone hires an Athenian for a disgraceful purpose, and again if any Athenian voluntarily hires himself out to the shame of his body.
87. φέρε δὴ πρὸς τοῦ Διὸς καὶ θεῶν, εἰ ἐπὶ τὴν αὐτὴν ἐτράποντο ἀπολογίαν ἥνπερ Τίμαρχος νυνὶ καὶ οἱ συναγορεύοντες αὐτῷ, καὶ ἠξίουν διαρρήδην τινὰ μαρτυρεῖν περὶ τῆς αἰτίας ἢ τοὺς δικαστὰς μὴ πιστεύειν· πᾶσα δήπου ἀνάγκη ἦν ἐκ τοῦ λόγου τούτου μαρτυρεῖν τὸν μέν, ὡς ἐδέκαζε, τὸν δέ, ὡς ἐδεκάζετο, προκειμένης ἑκατέρῳ ζημίας ἐκ τοῦ νόμου θανάτου, ὥσπερ ἐνθάδε, ἐάν τις μισθώσηταί τινα Ἀθηναίων ἐφʼ ὕβρει, καὶ πάλιν ἐάν τις Ἀθηναίων ἐπὶ τῇ τοῦ σώματος αἰσχύνῃ ἑκὼν μισθαρνῇ.
88. Is there any man who would have testified, or any prosecutor who would have undertaken to present such proof of the act? Surely not. What then? Were the accused acquitted? No, by Heracles! They were punished with death, though their crime was far less, by Zeus and Apollo, than that of this defendant; those poor wretches met such a fate because they were unable to defend themselves against old age and poverty together, the greatest of human misfortunes; the defendant should suffer it because he is unwilling to restrain his own lewdness.
88. ἔστιν οὖν ὅστις ἂν ἐμαρτύρησεν, ἢ κατήγορος ὃς ἐνεχείρησʼ ἂν τοιαύτην ποιεῖσθαι τὴν ἀπόδειξιν τοῦ πράγματος; οὐ δῆτα. τί οὖν; ἀπέφυγον οἱ κρινόμενοι; μὰ τὸν Ἡρακλέα, ἐπεὶ θανάτῳ ἐζημιώθησαν, πολὺ νὴ τὸν Δία καὶ τὸν Ἀπόλλω ἔλαττον ἁμάρτημα ἡμαρτηκότες τουτουὶ τοῦ ἀνθρώπου· ἐκεῖνοι μέν γε οἱ ταλαίπωροι οὐ δυνάμενοι γῆρας ἅμα καὶ πενίαν ἀμύνεσθαι, τὰ μέγιστα τῶν ἐν ἀνθρώποις κακῶν, ταύταις ἐχρήσαντο ταῖς συμφοραῖς, οὗτος δʼ οὐκ ἐθέλων τὴν ἑαυτοῦ βδελυρίαν κατέχειν.
89. Now if this trial were taking place in another city, and that city were the referee, I should have demanded that you should be my witnesses, you who best know that I am speaking the truth. But since the trial is at Athens, and you are at the same time judges and witnesses of the truth of what I say, it is my place to refresh your memory, and yours not to disbelieve me. For I think Timarchus’ anxiety is not for himself alone, fellow citizens, but for all the others also whose practices have been the same as his.
89. εἰ μὲν τοίνυν ἦν ὁ ἀγὼν οὑτοσὶ ἐν πόλει ἐκκλήτῳ, ὑμᾶς ἂν ἔγωγε ἠξίωσα μάρτυράς μοι γενέσθαι, τοὺς ἄριστα εἰδότας ὅτι ἀληθῆ λέγω· εἰ δʼ ὁ μὲν ἀγών ἐστιν Ἀθήνησιν, οἱ δʼ αὐτοὶ δικασταί μοι καὶ μάρτυρές ἐστε τῶν λόγων, ἐμοὶ μὲν ἀναμιμνῄσκειν προσήκει, ὑμᾶς δέ μοι μὴ ἀπιστεῖν. καὶ γὰρ ἔμοιγε δοκεῖ Τίμαρχος οὑτοσί, ὦ ἄνδρες Ἀθηναῖοι, οὐχ ὑπὲρ αὑτοῦ μόνον ἐσπουδακέναι, ἀλλὰ καὶ περὶ τῶν ἄλλων τῶν ταὐτὰ διαπεπραγμένων αὐτῷ.
90. For if in the future, as always in the past, this practice is going to be carried on in secret, and in lonely places and in private houses, and if the man who best knows the facts, but has defiled one of his fellow citizens, is to be liable to the severest punishment if he testifies to the truth, while the man on trial, who has been denounced by the testimony of his own life and of the truth, is to demand that he be judged, not by the facts that are notorious, but by the testimony of witnesses, then the law is done away with, and so is the truth, while a plain path is marked out by which the worst wrongdoers may escape.
90. εἰ γὰρ ἡ μὲν πρᾶξις αὕτη ἔσται, ὥσπερ εἴωθε γίγνεσθαι, λάθρᾳ καὶ ἐν ἐρημίαις καὶ ἐν ἰδίαις οἰκίαις, ὁ δὲ ἄριστα μὲν εἰδώς, καταισχύνας δέ τινα τῶν πολιτῶν, ἐὰν τἀληθῆ μαρτυρήσῃ, ἔνοχος ἔσται τοῖς μεγίστοις ἐπιτιμίοις, ὁ δὲ κρινόμενος καταμεμαρτυρημένος ὑπὸ τοῦ ἑαυτοῦ βίου καὶ τῆς ἀληθείας ἀξιώσει μὴ ἐξ ὧν γιγνώσκεται, ἀλλʼ ἐκ τῶν μαρτυριῶν κρίνεσθαι, ἀνῄρηται ὁ νόμος καὶ ἡ ἀλήθεια, καὶ δέδεικται φανερὰ ὁδός, διʼ ἧς οἱ τὰ μέγιστα κακουργοῦντες ἀποφεύξονται.
91. For what foot-pad or adulterer or assassin, or what man who has committed the greatest crimes, but has done it secretly, will be brought to justice? For whereas such of these criminals as are caught in the act are instantly punished with death, if they acknowledge the crime, those who have done the act secretly and deny their guilt, are tried in the courts, and the truth can be determined by circumstantial evidence only.
91. τίς γὰρ ἢ τῶν λωποδυτῶν ἢ τῶν μοιχῶν ἢ τῶν ἀνδροφόνων, ἢ τῶν τὰ μέγιστα μὲν ἀδικούντων, λάθρᾳ δὲ τοῦτο πραττόντων, δώσει δίκην; καὶ γὰρ τούτων οἱ μὲν ἐπʼ αὐτοφώρῳ ἁλόντες, ἐὰν ὁμολογῶσι, παραχρῆμα θανάτῳ ζημιοῦνται, οἱ δὲ λαθόντες καὶ ἔξαρνοι γιγνόμενοι κρίνονται ἐν τοῖς δικαστηρίοις, εὑρίσκεται δὲ ἡ ἀλήθεια ἐκ τῶν εἰκότων.
92. Take the example of the Senate of the Areopagus, the most scrupulous tribunal in the city. I myself have before now seen many men convicted before this tribunal, though they spoke most eloquently, and presented witnesses; and I know that before now certain men have won their case, although they spoke most feebly, and although no witnesses testified for them. For it is not on the strength of the pleading alone, nor of the testimony alone, that the members of the court give their verdict, but on the strength of their own knowledge and their own investigations. And this is the reason why that tribunal maintains its high repute in the city.
92. χρήσασθε δὴ παραδείγματι τῇ βουλῇ τῇ ἐξ Ἀρείου πάγου, τῷ ἀκριβεστάτῳ συνεδρίῳ τῶν ἐν τῇ πόλει. πολλοὺς γὰρ ἤδη ἔγωγε τεθεώρηκα ἐν τῷ βουλευτηρίῳ τούτῳ εὖ πάνυ εἰπόντας καὶ μάρτυρας πορισαμένους ἁλόντας· ἤδη δέ τινας κακῶς πάνυ διαλεχθέντας καὶ πρᾶγμα ἀμάρτυρον ἔχοντας οἶδα νικήσαντας. οὐ γὰρ ἐκ τοῦ λόγου μόνον οὐδʼ ἐκ τῶν μαρτυριῶν, ἀλλʼ ἐξ ὧν αὐτοὶ συνίσασι καὶ ἐξητάκασι, τὴν ψῆφον φέρουσι. τοιγάρτοι διατελεῖ τοῦτο τὸ συνέδριον εὐδοκιμοῦν ἐν τῇ πόλει.
93. Therefore, my fellow citizens, I call upon you to make your decision in this case in the same manner. In the first place, let nothing be more credible in your eyes than your own knowledge and conviction regarding this man Timarchus. In the second place, look at the case in the light, not of the present moment, but of the time that is past. For the words spoken before today about Timarchus and his practices were spoken because they were true; but what will be said today will be spoken because of the trial, and with intent to deceive you. Give, therefore, the verdict that is demanded by the longer time, and the truth, and your own knowledge.
93. τὸν αὐτὸν τοίνυν τρόπον, ὦ ἄνδρες Ἀθηναῖοι, καὶ ὑμεῖς τὴν κρίσιν ταύτην ποιήσασθε. πρῶτον μὲν μηδὲν ὑμῖν ἔστω πιστότερον ὧν αὐτοὶ σύνιστε καὶ πέπεισθε περὶ Τιμάρχου τουτουί, ἔπειτα τὸ πρᾶγμα θεωρεῖτε μὴ ἐκ τοῦ παρόντος, ἀλλʼ ἐκ τοῦ παρεληλυθότος χρόνου. οἱ μὲν γὰρ ἐν τῷ παρεληλυθότι χρόνῳ λόγοι λεγόμενοι περὶ Τιμάρχου καὶ τῶν τούτου ἐπιτηδευμάτων διὰ τὴν ἀλήθειαν ἐλέγοντο, οἱ δʼ ἐν τῇδε τῇ ἡμέρᾳ ῥηθησόμενοι διὰ τὴν κρίσιν τῆς ὑμετέρας ἀπάτης ἕνεκα. ἀπόδοτε οὖν τὴν ψῆφον τῷ πλείονι χρόνῳ καὶ τῇ ἀληθείᾳ καὶ οἷς αὐτοὶ σύνιστε.
94. And yet a certain speech-writer who is concocting his defense says that I contradict myself; since it seems to him impossible, he says, for the same man to have been a prostitute and to have consumed his patrimony. For, he says, to have sinned against one’ s own body is the act of a boy, but to have consumed one’ s patrimony is that of a man. And furthermore he says that those who defile themselves exact pay for it. He therefore goes up and down the marketplace expressing his wonder and amazement that one and the same man should have prostituted himself and also have consumed his patrimony.
94. καίτοι λογογράφος γέ τις φησίν, ὁ μηχανώμενος αὐτῷ τὴν ἀπολογίαν, ἐναντία με λέγειν ἐμαυτῷ. οὐ γὰρ δὴ δοκεῖν εἶναι αὐτῷ δυνατὸν τὸν αὐτὸν ἄνθρωπον πεπορνεῦσθαι καὶ τὰ πατρῷα κατεδηδοκέναι· τὸ μὲν γὰρ ἡμαρτηκέναι τι περὶ τὸ σῶμα παιδὸς εἶναί φησι, τὸ δὲ τὰ πατρῷα κατεδηδοκέναι ἀνδρός. ἔτι δὲ τοὺς καταισχύνοντας αὑτοὺς μισθούς φησι πράττεσθαι τοῦ πράγματος· ἀποθαυμάζων οὖν περιέρχεται καὶ τερατευόμενος κατὰ τὴν ἀγοράν, εἰ ὁ αὐτὸς πεπόρνευταί τε καὶ τὰ πατρῷα κατεδήδοκεν.
95. Now if anyone does not understand the facts of the case, I will try to explain them more clearly. Hegesandrus, who kept Timarchus, had married an heiress. So long as her inheritance held out, and the money that Hegesandrus had brought back with him from his voyage with Timomachus, they lived in all luxury and lewdness. But when these resources had been wasted and gambled away and eaten up, and this defendant had lost his youthful charm, and, as you would expect, no one would any longer give him anything, while his lewd and depraved nature constantly craved the same indulgences, and with excessive incontinence kept making demand after demand upon him, then, at last, incessantly drawn back to his old habits, he resorted to the devouring of his patrimony.
95. εἰ δέ τις ἀγνοεῖ ταῦθʼ ὅπως ἔχει, ἐγὼ σαφέστερον αὐτὰ πειράσομαι διορίσαι τῷ λόγῳ. ἕως μὲν γὰρ ἀντήρκει ἡ τῆς ἐπικλήρου οὐσία ἣν Ἡγήσανδρος ὁ τοῦτον ἔχων ἔγημε, καὶ τὸ ἀργύριον ὃ ἦλθεν ἔχων ἐκ τῆς μετὰ Τιμομάχου ἀποδημίας, ἦσαν ἐπὶ πολλῆς ἀσελγείας καὶ ἀφθονίας· ἐπειδὴ δὲ ταῦτα μὲν ἀπωλώλει καὶ κατεκεκύβευτο καὶ κατωψοφάγητο, οὑτοσὶ δʼ ἔξωρος ἐγένετο, ἐδίδου δʼ εἰκότως οὐδεὶς ἔτι οὐδέν, ἡ δὲ βδελυρὰ φύσις καὶ ἀνόσιος ἀεὶ τῶν αὐτῶν ἐπεθύμει, καὶ καθʼ ὑπερβολὴν ἀκρασίας ἕτερον ἐφʼ ἑτέρῳ ἐπίταγμα ἐπέταττε, καὶ ἀπεφέρετο εἰς τὸ καθʼ ἡμέραν ἔθος, ἐνταῦθα ἤδη ἐτράπετο ἐπὶ τὸ καταφαγεῖν τὴν πατρῴαν οὐσίαν.
96. And not only did he eat it up, but, if one may so say, he also drank it up! He sold one piece of property after another, not for what it was worth—he couldn’ t wait for a higher offer nor even for the bare value, but let it go for what it would fetch on the instant, so urgently did he hasten to gratify his lusts.
96. καὶ οὐ μόνον κατέφαγεν, ἀλλʼ εἰ οἷόν τʼ ἐστὶν εἰπεῖν, καὶ κατέπιεν. καὶ γὰρ οὐδὲ τῆς ἀξίας ἕκαστον τῶν κτημάτων ἀπέδοτο, οὐδʼ ἐδύνατʼ ἀναμένειν τὸ πλέον οὐδὲ τὸ λυσιτελοῦν, ἀλλὰ τοῦ ἤδη εὑρίσκοντος ἀπεδίδοτο· οὕτως ἠπείγετο σφόδρα πρὸς τὰς ἡδονάς.
97. His father left him a fortune which another man would have found sufficient for the service of the state also. But Timarchus was not able even to preserve it for himself. There was a house south of the Acropolis, a suburban estate at Sphettus, another piece of land at Alopeke, and besides there were nine or ten slaves who were skilled shoemakers, each of whom paid him a fee of two obols a day, and the superintendent of the shop three obols. Besides these there was a woman skilled in flax-working, who produced fine goods for the market, and there was a man skilled in embroidery. Certain men also owed him money, and there were house furnishings.
97. τούτῳ γὰρ κατέλιπεν ὁ πατὴρ οὐσίαν, ἀφʼ ἧς ἕτερος μὲν κἂν ἐλῃτούργει, οὗτος δὲ οὐδʼ αὑτῷ διαφυλάξαι ἐδυνήθη· οἰκίαν μὲν ὄπισθεν τῆς πόλεως, ἐσχατιὰν δὲ Σφηττοῖ, Ἀλωπεκῆσι δʼ ἕτερον χωρίον, χωρὶς δὲ οἰκέτας δημιουργοὺς τῆς σκυτοτομικῆς τέχνης ἐννέα ἢ δέκα, ὧν ἕκαστος τούτῳ δύʼ ὀβολοὺς ἀποφορὰν ἔφερε τῆς ἡμέρας, ὁ δʼ ἡγεμὼν τοῦ ἐργαστηρίου τριώβολον· ἔτι δὲ πρὸς τούτοις γυναῖκα ἀμόργινα ἐπισταμένην ἐργάζεσθαι καὶ ἔργα λεπτὰ εἰς τὴν ἀγορὰν ἐκφέρουσαν, καὶ ἄνδρα ποικιλτήν, καὶ ὀφείλοντάς τινας αὐτῷ ἀργύριον, καὶ ἔπιπλα.
98. Here, at any rate, by Zeus, I will present my witnesses to prove the truth of what I say, and they will testify most clearly and explicitly; for there is no danger, as there was the other time, to the man who testifies to the truth, nor any disgrace either. The city residence he sold to Nausicrates, the comic poet; afterward Cleaenetus, the chorus-master, bought it of Nausicrates for twenty minas. The suburban estate Mnesitheus of Myrrinoussa bought of him, a large tract, but wretchedly run down by his neglect.
98. καὶ ὅτι ταῦτʼ ἀληθῆ λέγω, ἐνταῦθα μέντοι νὴ Δία σαφῶς πάνυ καὶ διαρρήδην ἐγὼ μαρτυροῦντας ὑμῖν τοὺς μάρτυρας παρέξομαι· οὐδεὶς γὰρ κίνδυνος, ὥσπερ ἐκεῖ, οὐδʼ αἰσχύνη πρόσεστιν οὐδεμία τῷ τἀληθῆ μαρτυροῦντι. τὴν μὲν γὰρ οἰκίαν τὴν ἐν ἄστει ἀπέδοθʼ οὗτος Ναυσικράτει τῷ κωμικῷ ποιητῇ, ὕστερον δʼ αὐτὴν ἐπρίατο παρὰ τοῦ Ναυσικράτους εἴκοσι μνῶν Κλεαίνετος ὁ χοροδιδάσκαλος· τὴν δʼ ἐσχατιὰν ἐπρίατο παρʼ αὐτοῦ Μνησίθεος ὁ Μυρρινούσιος, τόπον μὲν πολύν, δεινῶς δʼ ἐξηγριωμένον ὑπὸ τούτου·
99. the place at Alopeke, distant eleven or twelve furlongs from the city-wall, his mother begged and besought him, as I have heard, to spare and not to sell, or, if he would do nothing more, at least to leave her there a place to be buried in. But even from this spot he did not withhold his hand; this too he sold, for 2,000 drachmas. Of the slaves, men and women, he left not one; he has sold them all. To prove that I am not lying, I will produce witness that his father left the slaves; but if he denies that he has sold them, let him produce their persons in court.
99. τὸ δʼ Ἀλωπεκῆσι χωρίον, ὃ ἦν ἄπωθεν τοῦ τείχους ἕνδεκα ἢ δώδεκα στάδια, ἱκετευούσης καὶ ἀντιβολούσης τῆς μητρός, ὡς ἐγὼ πυνθάνομαι, ἐᾶσαι καὶ μὴ ἀποδόσθαι, ἀλλʼ εἰ μή τι ἄλλο, ἐνταφῆναί γʼ ὑπολιπεῖν αὑτῇ, οὐδὲ τούτου τοῦ χωρίου ἀπέσχετο, ἀλλὰ καὶ τοῦτʼ ἀπέδοτο δισχιλίων δραχμῶν. καὶ τῶν θεραπαινῶν καὶ τῶν οἰκετῶν οὐδένα κατέλιπεν, ἀλλʼ ἅπαντας πέπρακε. καὶ ταῦθʼ ὅτι οὐ ψεύδομαι, ἐγὼ μέν, ὡς κατέλιπεν αὐτῷ ὁ πατήρ, μαρτυρίας παρέξομαι, οὗτος δέ, εἰ μή φησι πεπρακέναι, τὰ σώματα τῶν οἰκετῶν ἐμφανῆ παρασχέτω.