1. The brutality and insolence with which Meidias treats everyone alike are, I suppose, as well known to you, gentlemen of the jury, as to all other citizens. For myself, I have simply taken the course which anyone of you would have adopted, had he been the victim of a similar outrage. I lodged a plaint in the Assembly against him as an offender in connection with the festival, not only for his assault on my person at the Dionysia, but for many other acts of violence during the whole period when I served as chorus-master.
1. τὴν μὲν ἀσέλγειαν, ὦ ἄνδρες δικασταί, καὶ τὴν ὕβριν, ᾗ πρὸς ἅπαντας ἀεὶ χρῆται Μειδίας, οὐδένʼ οὔθʼ ὑμῶν οὔτε τῶν ἄλλων πολιτῶν ἀγνοεῖν οἴομαι. ἐγὼ δʼ, ὅπερ ἂν καὶ ὑμῶν ἕκαστος ὑβρισθεὶς προείλετο πρᾶξαι, τοῦτο καὶ αὐτὸς ἐποίησα, καὶ προὐβαλόμην ἀδικεῖν τοῦτον περὶ τὴν ἑορτήν, οὐ μόνον πληγὰς ὑπʼ αὐτοῦ λαβὼν τοῖς Διονυσίοις, ἀλλὰ καὶ ἄλλα πολλὰ καὶ βίαια παθὼν παρὰ πᾶσαν τὴν χορηγίαν.
2. But when the whole people, acting honorably and rightly, evinced such anger, such exasperation, such deep concern at the wrongs which they knew I had suffered, that, in spite of the frantic efforts of the defendant and a few supporters, they were deaf to their arguments, shut their eyes to their wealth and their promises, and condemned him by an unanimous show of hands, thereupon, gentlemen of the jury, many citizens, including some of you who are here in court, came to me and demanded and even implored that I should take the further step of bringing Meidias under your jurisdiction; and they did so, I think, for two reasons, men of Athens, because, so help me heaven! they thought that my own wrongs were serious, and they also wished to punish Meidias for conduct which they had witnessed on other occasions, as a scoundrel and a ruffian who could no longer be tolerated.
2. ἐπειδὴ δὲ καλῶς καὶ τὰ δίκαια ποιῶν ὁ δῆμος ἅπας οὕτως ὠργίσθη καὶ παρωξύνθη καὶ σφόδρʼ ἐσπούδασεν ἐφʼ οἷς ἠδικημένῳ μοι συνῄδει, ὥστε πάντα ποιοῦντος τούτου καί τινων ἄλλων ὑπὲρ αὐτοῦ, οὐκ ἐπείσθη οὐδʼ ἀπέβλεψεν εἰς τὰς οὐσίας τὰς τούτων οὐδὲ τὰς ὑποσχέσεις, ἀλλὰ μιᾷ γνώμῃ κατεχειροτόνησεν αὐτοῦ, πολλοί μοι προσιόντες, ὦ ἄνδρες δικασταί, καὶ τῶν ἐν τῷ δικαστηρίῳ νῦν ὄντων ὑμῶν καὶ τῶν ἄλλων πολιτῶν ἠξίουν καὶ παρεκελεύοντʼ ἐπεξελθεῖν καὶ παραδοῦναι τοῦτον εἰς ὑμᾶς, ὡς μὲν ἐμοὶ δοκεῖ, διʼ ἀμφότερʼ, ὦ ἄνδρες Ἀθηναῖοι, νὴ τοὺς θεούς, καὶ δεινὰ πεπονθέναι νομίζοντες ἐμὲ καὶ δίκην ἅμα βουλόμενοι λαβεῖν ὧν ἐπὶ τῶν ἄλλων ἐτεθέαντο θρασὺν ὄντα καὶ βδελυρὸν καὶ οὐδὲ καθεκτὸν ἔτι.
3. This being so, I have in your interests taken all due precautions, and now that the case is before the court, I am here, as you see, to accuse him, having refused large sums of money, men of Athens, which I might have accepted on condition of dropping the prosecution, and having had to steel myself against many appeals and favorable offers-yes, and even menaces.
3. οὕτω δὲ τούτων ἐχόντων, ὅσα μὲν παρʼ ἐμοῦ προσῆκε φυλαχθῆναι, πάντα δικαίως ὑμῖν τετήρηται, καὶ κατηγορήσων, ἐπειδή τις εἰσάγει, πάρειμι, ὡς ὁρᾶτε, πολλὰ μέν, ὦ ἄνδρες Ἀθηναῖοι, χρήματα, ἐξόν μοι λαβεῖν ὥστε μὴ κατηγορεῖν, οὐ λαβών, πολλὰς δὲ δεήσεις καὶ χάριτας καὶ νὴ Δίʼ ἀπειλὰς ὑπομείνας.
4. What yet remains to do is in your hands; but my hope is that the more the defendant has pestered you with his solicitations—I observed just now what he was up to in front of the courthouse-more likely I am to obtain justice. For I would not insult any of you by imagining that you will be indifferent to the cause in which you so heartily supported me before, or that, in order to grant Meidias immunity for future outrages, any juryman remembering his oath will give other than what he considers a righteous verdict.
4. ἃ δʼ ἐν ὑμῖν μετὰ ταῦτʼ ἔσθʼ ὑπόλοιπα, ὅσῳ πλείοσιν οὗτος ἠνώχληκε καὶ παρήγγελκεν (ἑώρων γὰρ αὐτὸν ἄρτι πρὸ τῶν δικαστηρίων οἷʼ ἐποίει), τοσούτῳ μᾶλλον ἐλπίζω τὸ δίκαιον ἕξειν. οὐ γὰρ ἂν καταγνοίην ὑμῶν οὐδενὸς οὔθʼ ὡς περὶ ὧν πρὸς ἔμʼ ἐσπουδάσατʼ αὐτοί, τούτων ἀμελήσετε, οὔθʼ ὡς, ἵνα Μειδίας ἀδεῶς τὸ λοιπὸν ὑβρίζῃ, ψηφιεῖταί τις ὑμῶν ὀμωμοκὼς ἄλλο τι πλὴν ὅ τι ἂν δίκαιον ἡγῆται.
5. Now if, men of Athens, I were going to accuse Meidias of unconstitutional proposals or of misconduct on an embassy or of any offence of that sort, I should not feel justified in appealing for your sympathy, for I consider that in such cases the plaintiff ought to confine himself to proving his case, though the defendant may have recourse to prayers. But since Meidias bribed the umpires and so robbed my tribe unfairly of the prize, since I in person was struck by him and insulted as perhaps no chorus-master was ever insulted before, and since I am here to follow up the verdict which the Assembly pronounced in indignation and anger at such conduct, for these reasons I shall not shrink even from an appeal to you.
5. εἰ μὲν οὖν, ὦ ἄνδρες Ἀθηναῖοι, παρανόμων ἢ παραπρεσβείας ἤ τινος ἄλλης αἰτίας ἔμελλον αὐτοῦ κατηγορεῖν τοιαύτης, οὐδὲν ἂν ὑμῶν ἠξίουν δεῖσθαι, νομίζων τῷ μὲν κατηγόρῳ περὶ τῶν τοιούτων προσήκειν ἐλέγχειν μόνον, τῷ δὲ φεύγοντι καὶ παραιτεῖσθαι. ἐπειδὴ δὲ τούς τε κριτὰς διαφθείραντος τούτου καὶ διὰ τοῦτο τῆς φυλῆς ἀδίκως ἀφαιρεθείσης τὸν τρίποδα, καὶ αὐτὸς πληγὰς εἰληφὼς καὶ ὑβρισμένος οἷʼ οὐκ οἶδʼ εἴ τις ἄλλος πώποτε χορηγὸς ὑβρίσθη, ἣν ὑπὲρ τούτων ἀγανακτήσας καὶ συνοργισθεὶς καταχειροτονίαν ὁ δῆμος ἐποιήσατο, ταύτην εἰσέρχομαι, οὐκ ὀκνήσω καὶ δεῖσθαι.
6. For, if I may say so, it is now I who am in the position of a defendant, if indeed to obtain no redress for an insult is the real calamity.
6. εἰ γὰρ οἷόν τε τοῦτʼ εἰπεῖν, ἐγὼ νῦν φεύγω, εἴπερ ὑβρισθέντα μηδεμιᾶς δίκης τυχεῖν ἐστί τις συμφορά.
7. Therefore, gentlemen of the jury, I appeal to you all, and implore you first to grant me a favorable hearing, and secondly, if I prove that the insults of Meidias touch, not me only, but you and the laws and the whole body of citizens, to come at once to any rescue and to your own. For the case stands thus, Athenians. I was the victim and it was my person that was then outraged; but now the question to be fought out and decided is whether Meidias is to be allowed to repeat his performances and insult anyone and everyone of you with impunity.
7. δέομαι οὖν ὑμῶν ἁπάντων, ὦ ἄνδρες δικασταί, καὶ ἱκετεύω, πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου λέγοντος, ἔπειτʼ, ἐὰν ἐπιδείξω Μειδίαν τουτονὶ μὴ μόνον εἰς ἐμὲ ἀλλὰ καὶ εἰς ὑμᾶς καὶ εἰς τοὺς νόμους καὶ εἰς τοὺς ἄλλους ἅπαντας ὑβρικότα, βοηθῆσαι καὶ ἐμοὶ καὶ ὑμῖν αὐτοῖς. καὶ γὰρ οὕτω πως ἔχει, ὦ ἄνδρες Ἀθηναῖοι· ὕβρισμαι μὲν ἐγὼ καὶ προπεπηλάκισται τὸ σῶμα τοὐμὸν τότε, ἀγωνιεῖται δὲ καὶ κριθήσεται τὸ πρᾶγμα νυνί, πότερον ἐξεῖναι δεῖ τὰ τοιαῦτα ποιεῖν καὶ εἰς τὸν τυχόνθʼ ὑμῶν ἀδεῶς ὑβρίζειν ἢ μή.
8. Therefore if perhaps anyone of you hitherto assumed that this action was brought from private motives, when he now reflects that this is a matter of general concern, and that public interest demands that no one shall be allowed to act in this way, let him grant me an attentive hearing, and then let him give what seems to him the fairest verdict. But first the clerk shall read you the law which provides for the lodging of plaints in the Assembly; after that I will try to enlighten you on other points. Recite the law. The Law “The Prytanes shall call a meeting of the Assembly in the temple of Dionysus on the day next after the Pandia. At this meeting they shall first deal with religious matters; next they shall lay before it the plaints lodged concerning the procession or the contests at the Dionysia, namely such as have not been satisfied.”
8. εἴ τις οὖν ὑμῶν ἄρα καὶ τὸν ἔμπροσθεν χρόνον τῶν ἰδίων τινὸς εἵνεκα γίγνεσθαι τὸν ἀγῶνα τόνδʼ ὑπελάμβανεν, ἐνθυμηθεὶς νῦν ὅτι δημοσίᾳ συμφέρει μηδενὶ μηδὲν ἐξεῖναι τοιοῦτο ποιεῖν, ὡς ὑπὲρ κοινοῦ τοῦ πράγματος ὄντος καὶ προσέχων ἀκουσάτω, καὶ τὰ φαινόμενʼ αὑτῷ δικαιότερʼ εἶναι, ταῦτα ψηφισάσθω. ἀναγνώσεται δὲ πρῶτον μὲν ὑμῖν τὸν νόμον καθʼ ὃν εἰσὶν αἱ προβολαί· μετὰ δὲ ταῦτα καὶ περὶ τῶν ἄλλων πειράσομαι διδάσκειν. λέγε τὸν νόμον. ΝΟΜΟΣ Τοὺς πρυτάνεις ποιεῖν ἐκκλησίαν ἐν Διονύσου τῇ ὑστεραίᾳ τῶν Πανδίων. ἐν δὲ ταύτῃ χρηματίζειν πρῶτον μὲν περὶ ἱερῶν, ἔπειτα τὰς προβολὰς παραδιδότωσαν τὰς γεγενημένας ἕνεκα τῆς πομπῆς ἢ τῶν ἀγώνων τῶν ἐν τοῖς Διονυσίοις, ὅσαι ἂν μὴ ἐκτετισμέναι ὦσιν.
9. This is the law, Athenians, which provides for the lodging of a plaint. It directs, as you have heard, that a meeting of the Assembly shall be held in the temple of Dionysus after the Pandia, and that at this meeting, when the chairmen for the day have dealt with the official acts of the chief Archon, they shall also deal with any offences or illegal acts in connection with the festival—a sound and expedient law, Athenians, as the facts of the present case attest. For when it appears that certain persons, with this threat overhanging them, can be as insolent as ever, how should we expect that such men would behave, if there were no risk and no trial to be faced?
9. ὁ μὲν νόμος οὗτός ἐστιν, ὦ ἄνδρες Ἀθηναῖοι, καθʼ ὃν αἱ προβολαὶ γίγνονται, λέγων, ὥσπερ ἠκούσατε, ποιεῖν τὴν ἐκκλησίαν ἐν Διονύσου μετὰ τὰ Πάνδια, ἐν δὲ ταύτῃ ἐπειδὰν χρηματίσωσιν οἱ πρόεδροι περὶ ὧν διῴκηκεν ὁ ἄρχων, χρηματίζειν καὶ περὶ ὧν ἄν τις ἠδικηκὼς ᾖ περὶ τὴν ἑορτὴν ἢ παρανενομηκώς, καλῶς, ὦ ἄνδρες Ἀθηναῖοι, καὶ συμφερόντως ἔχων ὁ νόμος, ὡς τὸ πρᾶγμʼ αὐτὸ μαρτυρεῖ. ὅπου γὰρ ἐπόντος τοῦ φόβου τούτου φαίνονταί τινες οὐδὲν ἧττον ὑβρισταί, τί χρὴ τοὺς τοιούτους προσδοκᾶν ἂν ποιεῖν, εἰ μηδεὶς ἐπῆν ἀγὼν μηδὲ κίνδυνος;
10. Now I want to read to you the next law as well, because it will illustrate to all of you the self-restraint of the citizens in general and the hardihood of the defendant. Read the law. The Law “Evegorus proposed that, on the occasion of the procession in honor of Dionysus in Peiraeus with the comedies and tragedies, the procession at the Lenaeum with the comedies and tragedies, the procession at the City Dionysia with the boys’ contests and the revel and the comedies and tragedies. and also at the procession and contest of the Thargelia, it shall not be lawful on those days to distrain or to seize any debtors’ property, even if they are defaulters. If anyone transgresses any of these regulations, he shall be liable to prosecution by the aggrieved party, and public plaints against him as an offender may be lodged at the meeting of the Assembly in the temple of Dionysus, as is provided by statute in the case of other offenders.”
10. βούλομαι τοίνυν ὑμῖν καὶ τὸν ἑξῆς ἀναγνῶναι νόμον τούτῳ· καὶ γὰρ ἐκ τούτου φανερὰ πᾶσιν ὑμῖν ἥ τε τῶν ἄλλων ὑμῶν εὐλάβεια γενήσεται καὶ τὸ τούτου θράσος. λέγε τὸν νόμον. ΝΟΜΟΣ Εὐήγορος εἶπεν· ὅταν ἡ πομπὴ ᾖ τῷ Διονύσῳ ἐν Πειραιεῖ καὶ οἱ κωμῳδοὶ καὶ οἱ τραγῳδοί, καὶ ⟨ἡ⟩ ἐπὶ Ληναίῳ πομπὴ καὶ οἱ τραγῳδοὶ καὶ οἱ κωμῳδοί, καὶ τοῖς ἐν ἄστει Διονυσίοις ἡ πομπὴ καὶ οἱ παῖδες καὶ ὁ κῶμος καὶ οἱ κωμῳδοὶ καὶ οἱ τραγῳδοί, καὶ Θαργηλίων τῇ πομπῇ καὶ τῷ ἀγῶνι, μὴ ἐξεῖναι μήτε ἐνεχυράσαι μήτε λαμβάνειν ἕτερον ἑτέρου, μηδὲ τῶν ὑπερημέρων, ἐν ταύταις ταῖς ἡμέραις. ἐὰν δέ τις τούτων τι παραβαίνῃ, ὑπόδικος ἔστω τῷ παθόντι, καὶ προβολαὶ αὐτοῦ ἔστωσαν ἐν τῇ ἐκκλησίᾳ τῇ ἐν Διονύσου ὡς ἀδικοῦντος, καθὰ περὶ τῶν ἄλλων τῶν ἀδικούντων γέγραπται.
11. You will observe, gentlemen of the jury, that whereas in the first law the public plaint may be lodged against those who violate the laws of the festival, in the latter law you have sanctioned plaints against those who exact money from defaulting debtors or seize any property or use violence to that end. So far from thinking it right that any man’s person should be outraged on those days, or that any equipment should be damaged which a citizen provides out of his private means for a public service, you have even conceded that what by law and by verdict belongs to the winner of a suit should remain the property of the loser and original owner, at any rate during the festival.
11. ἐνθυμεῖσθʼ, ὦ ἄνδρες δικασταί, ὅτι ἐν τῷ προτέρῳ νόμῳ κατὰ τῶν περὶ τὴν ἑορτὴν ἀδικούντων οὔσης τῆς προβολῆς, ἐν τούτῳ καὶ κατὰ τῶν τοὺς ὑπερημέρους εἰσπραττόντων ἢ καὶ ἄλλʼ ὁτιοῦν τινὸς λαμβανόντων ἢ βιαζομένων ἐποιήσατε τὰς προβολάς. οὐ γὰρ ὅπως τὸ σῶμʼ ὑβρίζεσθαί τινος ἐν ταύταις ταῖς ἡμέραις, ἢ τὴν παρασκευὴν ἣν ἂν ἐκ τῶν ἰδίων πορίσαιτό τις εἰς λῃτουργίαν, ᾤεσθε χρῆναι, ἀλλὰ καὶ τὰ δίκῃ καὶ ψήφῳ τῶν ἑλόντων γιγνόμενα τῶν ἑαλωκότων καὶ κεκτημένων ἐξ ἀρχῆς τὴν γοῦν ἑορτὴν ἀπεδώκατʼ εἶναι.
12. You therefore, Athenians, have all risen to such a height of benevolence and piety that during those days you have even suspended the exaction of penalties due for past offences; but Meidias, as I shall prove, chose those very same days to commit offences that call for the severest punishment. I intend to describe in order each outrage of which I have been the victim, before I speak of the blows in which his attacks culminated, for there is not a single one of those attacks for which he will not be shown to have deserved death.
12. ὑμεῖς μὲν τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, πάντες εἰς τοσοῦτον ἀφῖχθε φιλανθρωπίας καὶ εὐσεβείας ὥστε καὶ τῶν πρότερον γεγενημένων ἀδικημάτων τὸ λαμβάνειν δίκην ἐπέσχετε ταύτας τὰς ἡμέρας· Μειδίας δʼ ἐν αὐταῖς ταύταις ταῖς ἡμέραις ἄξια τοῦ δοῦναι τὴν ἐσχάτην δίκην ποιῶν δειχθήσεται. βούλομαι δʼ ἕκαστον ἀπʼ ἀρχῆς ὧν πέπονθʼ ἐπιδείξας καὶ περὶ τῶν πληγῶν εἰπεῖν ἃς τὸ τελευταῖον προσενέτεινέ μοι· ἓν γὰρ οὐδέν ἐστιν ἐφʼ ᾧ τῶν πεπραγμένων οὐ δίκαιος ὢν ἀπολωλέναι φανήσεται.
13. Two years ago the tribe of Pandionis had failed to appoint a chorus-master, and when the Assembly met at which the law directs the Archons to assign the flute-players by lot to the choruses, there was a heated discussion and mutual recrimination between the Archon and the overseers of the tribe. Thereupon I came forward and volunteered to act as chorus-master, and at the drawing of the lots I was fortunate enough to get first choice of a flute-player. You, Athenians, all of you, welcomed with the utmost cordiality both these incidents—my voluntary offer and my stroke of luck; and your cheers and applause expressed your approval of my conduct and your sympathy with my good fortune. But there seems to have been one solitary exception, Meidias, who in his chagrin kept up a constant fire of insults, trifling or serious, during the whole period of my service.
13. ἐπειδὴ γὰρ οὐ καθεστηκότος χορηγοῦ τῇ Πανδιονίδι φυλῇ, τρίτον ἔτος τουτί, παρούσης δὲ τῆς ἐκκλησίας ἐν ᾗ τὸν ἄρχοντʼ ἐπικληροῦν ὁ νόμος τοῖς χοροῖς τοὺς αὐλητὰς κελεύει, λόγων καὶ λοιδορίας γιγνομένης, καὶ κατηγοροῦντος τοῦ μὲν ἄρχοντος τῶν ἐπιμελητῶν τῆς φυλῆς, τῶν δʼ ἐπιμελητῶν τοῦ ἄρχοντος, παρελθὼν ὑπεσχόμην ἐγὼ χορηγήσειν ἐθελοντής, καὶ κληρουμένων πρῶτος αἱρεῖσθαι τὸν αὐλητὴν ἔλαχον, ὑμεῖς μέν, ὦ ἄνδρες Ἀθηναῖοι, πάντες ἀμφότερʼ ὡς οἷόν τε μάλιστʼ ἀπεδέξασθε, τήν τʼ ἐπαγγελίαν τὴν ἐμὴν καὶ τὸ συμβὰν ἀπὸ τῆς τύχης, καὶ θόρυβον καὶ κρότον τοιοῦτον ὡς ἂν ἐπαινοῦντές τε καὶ συνησθέντες ἐποιήσατε, Μειδίας δʼ οὑτοσὶ μόνος τῶν πάντων, ὡς ἔοικεν, ἠχθέσθη, καὶ παρηκολούθησε παρʼ ὅλην τὴν λῃτουργίαν ἐπηρεάζων μοι συνεχῶς καὶ μικρὰ καὶ μείζω.
15. Now the trouble that he caused by opposing the exemption of our chorus from military service, or by putting himself forward as overseer at the Dionysia and demanding election, these and other similar annoyances I will pass over in silence; for I am not unaware that although to myself, the victim of his persecution and insolence, each of these acts caused as much irritation as any really serious offence, yet to the rest of you, who were not directly concerned, these things in themselves would hardly seem to call for litigation. I shall therefore confine myself to what will excite indignation in all of you alike.
15. ὅσα μὲν οὖν τοὺς χορευτὰς ἐναντιούμενος ἡμῖν ἀφεθῆναι τῆς στρατείας ἠνώχλησεν, ἢ προβαλλόμενος καὶ κελεύων ἑαυτὸν εἰς Διονύσια χειροτονεῖν ἐπιμελητήν, ἢ τἄλλα πάνθʼ ὅσα τοιαῦτα, ἐάσω· οὐ γὰρ ἀγνοῶ τοῦθʼ ὅτι τῷ μὲν ἐπηρεαζομένῳ τότʼ ἐμοὶ καὶ ὑβριζομένῳ τὴν αὐτὴν ὀργὴν ἕκαστον τούτων ἥνπερ ἄλλʼ ὁτιοῦν τῶν δεινοτάτων παρίστη, ὑμῖν δὲ τοῖς ἄλλοις, ἔξω τοῦ πράγματος οὖσιν, οὐκ ἂν ἴσως ἄξια ταῦτα καθʼ αὕτʼ ἀγῶνος φανείη· ἀλλʼ ἃ πάντες ὁμοίως ἀγανακτήσετε, ταῦτʼ ἐρῶ.
16. His subsequent conduct, which I am now going to describe, passes all limits; and indeed I should never have ventured to arraign him today, had I not previously secured his immediate conviction in the Assembly. The sacred apparel—for all apparel provided for use at a festival I regard as being sacred until after it has been used—and the golden crowns, which I ordered for the decoration of the chorus, he plotted to destroy, men of Athens, by a nocturnal raid on the premises of my goldsmith. And he did destroy them, though not completely, for that was beyond his power. And no one can say that he ever yet heard of anyone daring or perpetrating such an outrage in this city.
16. ἔστι δʼ ὑπερβολὴ τῶν μετὰ ταῦτα, ἃ μέλλω λέγειν, καὶ οὐδʼ ἂν ἐπεχείρησʼ ἔγωγε κατηγορεῖν αὐτοῦ νῦν, εἰ μὴ καὶ τότʼ ἐν τῷ δήμῳ παραχρῆμʼ ἐξήλεγξα. τὴν γὰρ ἐσθῆτα τὴν ἱεράν (ἱερὰν γὰρ ἔγωγε νομίζω πᾶσαν ὅσην ἄν τις εἵνεκα τῆς ἑορτῆς παρασκευάσηται, τέως ἂν χρησθῇ) καὶ τοὺς στεφάνους τοὺς χρυσοῦς, οὓς ἐποιησάμην ἐγὼ κόσμον τῷ χορῷ, ἐπεβούλευσεν, ὦ ἄνδρες Ἀθηναῖοι, διαφθεῖραί μοι νύκτωρ ἐλθὼν ἐπὶ τὴν οἰκίαν τὴν τοῦ χρυσοχόου. καὶ διέφθειρεν, οὐ μέντοι πᾶσάν γε· οὐ γὰρ ἐδυνήθη. καίτοι τοῦτό γʼ οὐδεὶς πώποτʼ οὐδένα φησὶν ἀκηκοέναι τολμήσαντʼ οὐδὲ ποιήσαντʼ ἐν τῇ πόλει.
17. But not content with this, men of Athens, he actually corrupted the trainer of my chorus; and if Telephanes, the flute-player, had not proved the staunchest friend to me, if he had not seen through the fellow’s game and sent him about his business, if he had not felt it his duty to train the chorus and weld them into shape himself, we could not have taken part in the competition, Athenians; the chorus would have come in untrained and we should have been covered with ignominy. Nor did his insolence stop even there. It was so unrestrained that he bribed the crowned Archon himself; he banded the choristers against me; he bawled and threatened, standing beside the umpires as they took the oath he blocked the gangways from the wings, nailing up those public thoroughfares without public authority; he never ceased to cause me untold damage and annoyance.
17. οὐκ ἀπέχρησε δʼ αὐτῷ τοῦτο, ἀλλὰ καὶ τὸν διδάσκαλον, ὦ ἄνδρες Ἀθηναῖοι, διέφθειρέ μου τοῦ χοροῦ· καὶ εἰ μὴ Τηλεφάνης ὁ αὐλητὴς ἀνδρῶν βέλτιστος περὶ ἐμὲ τότʼ ἐγένετο, καὶ τὸ πρᾶγμʼ αἰσθόμενος τὸν ἄνθρωπον ἀπελάσας αὐτὸς συγκροτεῖν καὶ διδάσκειν ᾤετο δεῖν τὸν χορόν, οὐδʼ ἂν ἠγωνισάμεθʼ, ὦ ἄνδρες Ἀθηναῖοι, ἀλλʼ ἀδίδακτος ἂν εἰσῆλθεν ὁ χορὸς καὶ πράγματʼ αἴσχιστʼ ἂν ἐπάθομεν. καὶ οὐδʼ ἐνταῦθʼ ἔστη τῆς ὕβρεως, ἀλλὰ τοσοῦτον αὐτῷ περιῆν ὥστε τὸν ἐστεφανωμένον ἄρχοντα διέφθειρεν, τοὺς χορηγοὺς συνῆγεν ἐπʼ ἐμέ, βοῶν, ἀπειλῶν, ὀμνύουσι παρεστηκὼς τοῖς κριταῖς, τὰ παρασκήνια φράττων, προσηλῶν, ἰδιώτης ὢν τὰ δημόσια, κακὰ καὶ πράγματʼ ἀμύθητά μοι παρέχων διετέλεσεν.
18. Of those outrages which were committed in public or before the umpires in the theater, you are yourselves my witnesses, all of you, gentlemen of the jury. And surely the statements on which most reliance should be placed are those of which the jury can themselves attest the truth. So after he had already corrupted the umpires in the men’s contest, he put the cap, as it were, on all his previous acts of wantonness by two outrages: he assaulted my person, and he was chiefly responsible for preventing my tribe, which was winning, from gaining the prize.
18. καὶ τούτων, ὅσα γʼ ἐν τῷ δήμῳ γέγονʼ ἢ πρὸς τοῖς κριταῖς ἐν τῷ θεάτρῳ, ὑμεῖς ἐστέ μοι μάρτυρες πάντες, ἄνδρες δικασταί. καίτοι τῶν λόγων τούτους χρὴ δικαιοτάτους ἡγεῖσθαι, οὓς ἂν οἱ καθήμενοι τῷ λέγοντι μαρτυρῶσιν ἀληθεῖς εἶναι. προδιαφθείρας τοίνυν τοὺς κριτὰς τῷ ἀγῶνι τῶν ἀνδρῶν, δύο ταῦθʼ ὡσπερεὶ κεφάλαιʼ ἐφʼ ἅπασι τοῖς ἑαυτῷ νενεανιευμένοις ἐπέθηκεν, ἐμοῦ μὲν ὕβρισεν τὸ σῶμα, τῇ φυλῇ δὲ κρατούσῃ τὸν ἀγῶνʼ αἰτιώτατος τοῦ μὴ νικῆσαι κατέστη.
19. These were the crimes and brutalities which Meidias committed in connection with the festival against my fellow-tribesmen and myself. It was for these, men of Athens, that I lodged my public plaint; and there are many besides, of which I will describe to you immediately as many as I can. But I have to tell of many other acts of unmitigated rascality and insolence, directed against many of yourselves, and many daring crimes of this blackguard.
19. τὰ μὲν οὖν εἰς ἐμὲ καὶ τοὺς φυλέτας ἠσελγημένα καὶ περὶ τὴν ἑορτὴν ἀδικήματα τούτῳ πεπραγμένα, ἐφʼ οἷς αὐτὸν προὐβαλόμην, ταῦτʼ ἔστιν, ὦ ἄνδρες Ἀθηναῖοι, καὶ πόλλʼ ἕτερα, ὧν ὅσʼ ἂν οἷός τʼ ὦ διέξειμι πρὸς ὑμᾶς αὐτίκα δὴ μάλα. ἔχω δὲ λέγειν καὶ πονηρίας ἑτέρας παμπληθεῖς αὐτοῦ καὶ ὕβρεις εἰς πολλοὺς ὑμῶν καὶ τολμήματα τοῦ μιαροῦ τούτου πολλὰ καὶ δεινά, ἐφʼ οἷς τῶν πεπονθότων οἱ μέν, ὦ ἄνδρες δικασταί, καταδείσαντες τοῦτον καὶ τὸ τούτου θράσος καὶ τοὺς περὶ αὐτὸν ἑταίρους καὶ πλοῦτον καὶ τἄλλʼ ὅσα δὴ πρόσεστι τούτῳ, ἡσυχίαν ἔσχον, οἱ δʼ ἐπιχειρήσαντες δίκην λαμβάνειν οὐκ ἐδυνήθησαν, εἰσὶ δʼ οἳ διελύσαντο, ἴσως λυσιτελεῖν ἡγούμενοι.
20. Some of his victims, gentlemen of the jury, suffered in silence, because they were cowed by him and his self-confidence, or by his gang of bullies, his wealth and all his other resources; others tried to obtain redress and failed; others again made terms with him, perhaps because they thought that the best policy. Those, then, who were induced to do so have obtained the satisfaction due to themselves; but of the satisfaction due to the laws, by breaking which Meidias wronged them and is wronging me now and every other citizen—of that satisfaction you are the dispensers. Therefore include all the offences in one sweeping penalty, whatever you consider just.I will first, then, adduce proofs of the outrages against myself, next of those against you. After that, Athenians, I will examine all the rest of his life and will show that he deserves not one death, but a thousand. First please take and read the deposition of the goldsmith. The Deposition “I, Pammenes, son of Pammenes, of Erchia, have a goldsmith’s shop in the Agora, where I reside and carry on my business.
20. τὴν μὲν οὖν ὑπὲρ αὑτῶν δίκην ἔχουσιν οἵ γε πεισθέντες· τῆς δʼ ὑπὲρ τῶν νόμων, οὓς παραβὰς οὗτος κἀκείνους ἠδίκει καὶ νῦν ἐμὲ καὶ πάντας τοὺς ἄλλους, ὑμεῖς ἐστὲ κληρονόμοι. πάντων οὖν ἁθρόων ἓν τίμημα ποιήσασθε, ὅ τι ἂν δίκαιον ἡγῆσθε. ἐξελέγξω δὲ πρῶτον μὲν ὅσʼ αὐτὸς ὑβρίσθην, ἔπειθʼ ὅσʼ ὑμεῖς· μετὰ ταῦτα δὲ καὶ τὸν ἄλλον, ὦ ἄνδρες Ἀθηναῖοι, βίον αὐτοῦ πάντʼ ἐξετάσω, καὶ δείξω πολλῶν θανάτων, οὐχ ἑνὸς ὄντʼ ἄξιον. λέγε μοι τὴν τοῦ χρυσοχόου πρώτην λαβὼν μαρτυρίαν. ΜΑΡΤΥΡΙΑ Παμμένης Παμμένους Ἑρχιεὺς ἔχω χρυσοχοεῖον ἐν τῇ ἀγορᾷ, ἐν ᾧ καταγίγνομαι καὶ ἐργάζομαι τὴν χρυσοχοϊκὴν τέχνην.
22. When Demosthenes, for whom I am a witness, commissioned me to fashion a golden crown, and to make a gold-embroidered robe, that he might wear them at the procession in honor of Dionysus; and when I had completed them and had them ready by me, Meidias, who is being prosecuted by Demosthenes, broke into my premises by night, having also others with him, and tried to destroy the crown and the robe, and a part of them he injured, but was not able to destroy them completely, because I appeared and prevented him.”
22. ἐκδόντος δέ μοι Δημοσθένους, ᾧ μαρτυρῶ, στέφανον χρυσοῦν ὥστε κατασκευάσαι καὶ ἱμάτιον διάχρυσον ποιῆσαι, ὅπως πομπεύσαι ἐν αὐτοῖς τὴν τοῦ Διονύσου πομπήν, καὶ ἐμοῦ συντελέσαντος αὐτὰ καὶ ἔχοντος παρʼ ἐμαυτῷ ἕτοιμα, εἰσπηδήσας πρός με νύκτωρ Μειδίας ὁ κρινόμενος ὑπὸ Δημοσθένους, ἔχων μεθʼ ἑαυτοῦ καὶ ἄλλους, ἐπεχείρησε διαφθείρειν τὸν στέφανον καὶ τὸ ἱμάτιον, καὶ τινὰ μὲν αὐτῶν ἐλυμήνατο, οὐ μέντοι πάντα γε ἠδυνήθη διὰ τὸ ἐπιφανέντα με κωλῦσαι.
23. Now I have much to say also, men of Athens, about the wrongs which he inflicted on others, as I told you at the beginning of my speech, and I have made a collection of his outrageous and insulting acts, which you shall hear in a moment. The collection was indeed an easy matter, for the victims themselves applied to me.
23. πολλὰ μὲν τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, καὶ περὶ ὧν τοὺς ἄλλους ἠδίκηκεν ἔχω λέγειν, ὥσπερ εἶπον ἐν ἀρχῇ τοῦ λόγου, καὶ συνείλοχʼ ὕβρεις αὐτοῦ καὶ ἀτιμίας τοσαύτας ὅσας ἀκούσεσθʼ αὐτίκα δὴ μάλα. ἦν δʼ ἡ συλλογὴ ῥᾳδία· αὐτοὶ γὰρ οἱ πεπονθότες προσῇσάν μοι.
24. But before I come to that, I want to speak about the tricks by which I am told he will try to deceive you; for I think it very necessary for me to put my remarks on that subject before you, and very important for you to hear them. Why so? Because the same argument that prevents your deception will help you to cast your votes in accordance with justice and your oath. You must pay attention to this argument above all others and bear it in mind, so as to meet each separate point in his speech.
24. βούλομαι δὲ πρὸ τούτων εἰπεῖν οἷς ἐπιχειρήσειν αὐτὸν ἀκήκοʼ ἐξαπατᾶν ὑμᾶς· τοὺς γὰρ ὑπὲρ τούτων λόγους ἐμοὶ μὲν ἀναγκαιοτάτους προειπεῖν ἡγοῦμαι, ὑμῖν δὲ χρησιμωτάτους ἀκοῦσαι. διὰ τί; ὅτι τοῦ δικαίαν καὶ εὔορκον θέσθαι τὴν ψῆφον ὁ κωλύσας ἐξαπατηθῆναι λόγος ὑμᾶς οὗτος αἴτιος ἔσται. πολὺ δὴ μάλιστα πάντων τούτῳ τῷ λόγῳ προσέχειν ὑμᾶς δεῖ, καὶ μνημονεῦσαι τοῦτον, καὶ πρὸς ἕκαστον ἀπαντᾶν, ὅταν οὗτος λέγῃ.
25. And first, it is pretty evident from his private conversation as reported to me that he will say that, if I had really suffered from him as I assert, I ought to have brought various personal suits against him, one for willful damage, arising out of the destruction of the robes and golden crowns, and another for assault, arising out of his alleged attack on my person; but that I ought most emphatically not to have brought him to a public trial and proposed a penalty or a fine which he must pay.
25. ἔστι δὲ πρῶτον μὲν ἐκεῖνʼ οὐκ ἄδηλος ἐρῶν, ἐξ ὧν ἰδίᾳ πρός τινας αὐτὸς διεξιὼν ἀπηγγέλλετό μοι, ὡς εἴπερ ἀληθῶς ἐπεπόνθειν ταῦθʼ ἃ λέγω, δίκας ἰδίας μοι προσῆκεν αὐτῷ λαχεῖν, τῶν μὲν ἱματίων καὶ τῶν χρυσῶν στεφάνων τῆς διαφθορᾶς καὶ τῆς περὶ τὸν χορὸν πάσης ἐπηρείας, βλάβης, ὧς δʼ εἰς τὸ σῶμʼ ὑβρίσθαι φημί, ὕβρεως, οὐ μὰ Δίʼ οὐχὶ δημοσίᾳ κρίνειν αὐτὸν καὶ τίμημʼ ἐπάγειν ὅ τι χρὴ παθεῖν ἢ ἀποτεῖσαι.
26. But of one thing I am perfectly certain, and you should be equally so-that if I had not lodged the public plaint but had brought a civil action, the opposite argument would have been used against me, that if there was any truth in my statements, I ought to have lodged a public plaint and claimed redress at the time when the offences were committed; for the chorus was a state-chorus, the apparel was being prepared entirely for a public festival, and I, the aggrieved party, was official chorus-master. Who then would dream of any other form of redress than that which the law provides against those who profane a festival?
26. ἐγὼ δʼ ἓν μὲν ἐκεῖνʼ εὖ οἶδα, καὶ ὑμᾶς δʼ εἰδέναι χρή, ὅτι εἰ μὴ προὐβαλόμην αὐτόν, ἀλλʼ ἐδικαζόμην, οὑναντίος ἧκεν ἂν εὐθύς μοι λόγος, ὡς εἴπερ ἦν τι τούτων ἀληθές, προβάλλεσθαί μʼ ἔδει καὶ παρʼ αὐτὰ τἀδικήματα τὴν τιμωρίαν ποιεῖσθαι· ὅ τε γὰρ χορὸς ἦν τῆς πόλεως, ἥ τʼ ἐσθὴς τῆς ἑορτῆς εἵνεκα πᾶσα παρεσκευάζετο, ἐγώ θʼ ὁ πεπονθὼς ταῦτα χορηγὸς ἦν· τίς ἂν οὖν ἑτέραν εἵλετο τιμωρίαν ἢ τὴν ἐκ τοῦ νόμου κατὰ τῶν περὶ τὴν ἑορτὴν ἀδικούντων οὖσαν;
27. I am sure that he would have said all that in those circumstances. For it is, I believe, the cue for the defendant, the man who has done a wrong, to try and shuffle out of the method actually adopted to bring him to punishment and to say that a different method should have been employed; but it is the duty of sensible jurymen to ignore such evasions and to chastise anyone whom they convict of an outrage.
27. ταῦτʼ εὖ οἶδʼ ὅτι πάντʼ ἂν ἔλεγεν οὗτος τότε. φεύγοντος μὲν γάρ, οἶμαι, καὶ ἠδικηκότος ἐστὶ τὸ τὸν παρόντα τρόπον τοῦ δοῦναι δίκην διακρουόμενον τὸν οὐκ ὄνθʼ ὡς ἔδει γενέσθαι λέγειν, δικαστῶν δέ γε σωφρόνων τούτοις τε μὴ προσέχειν καὶ ὃν ἂν λάβωσιν ἀσελγαίνοντα κολάζειν.
28. Do not allow him to say that the law affords me a choice of personal suits or an indictment for assault. That is true; but he has to prove that he has not done what I have charged him with, or that in doing it he has not profaned the festival, for that is the ground on which I based my public plaint against him, and that is the question on which you must presently cast your votes. But if I, waiving the profit which a private suit would bring, entrust his punishment to the State, and if I have chosen this particular form of action from which I can receive no benefit myself, then surely it ought to win me your favour and not prejudice my case.
28. μὴ δὴ τοῦτο λέγειν αὐτὸν ἐᾶτε, ὅτι καὶ δίκας ἰδίας δίδωσʼ ὁ νόμος μοι καὶ γραφὴν ὕβρεως· δίδωσι γάρ· ἀλλʼ ὡς οὐ πεποίηκεν ἃ κατηγόρηκα, ἢ πεποιηκὼς οὐ περὶ τὴν ἑορτὴν ἀδικεῖ, τοῦτο δεικνύτω· τοῦτο γὰρ αὐτὸν ἐγὼ προὐβαλόμην, καὶ περὶ τούτου τὴν ψῆφον οἴσετε νῦν ὑμεῖς. εἰ δʼ ἐγὼ τὴν ἐπὶ τῶν ἰδίων δικῶν πλεονεξίαν ἀφεὶς τῇ πόλει παραχωρῶ τῆς τιμωρίας, καὶ τοῦτον εἱλόμην τὸν ἀγῶνʼ ἀφʼ οὗ μηδὲν ἔστι λῆμμα λαβεῖν ἐμοί, χάριν, οὐ βλάβην δήπου τοῦτʼ ἂν εἰκότως ἐνέγκοι μοι παρʼ ὑμῶν.
29. Now I know that he will also make great use of this argument: “Do not deliver me into Demosthenes’ hands; do not ruin me to oblige Demosthenes. Because I am at war with him, will you ruin me?” That is the sort of language that he will, I am sure, use again and again, with the object of exciting prejudice against me.
29. οἶδα τοίνυν ὅτι καὶ τούτῳ πολλῷ χρήσεται τῷ λόγῳ μή με Δημοσθένει παραδῶτε, μηδὲ διὰ Δημοσθένην μʼ ἀνέλητε. ὅτι τούτῳ πολεμῶ, διὰ τοῦτό μʼ ἀναιρήσετε; τὰ τοιαῦτα πολλάκις οἶδʼ ὅτι φθέγξεται, βουλόμενος φθόνον τινʼ ἐμοὶ διὰ τούτων τῶν λόγων συνάγειν.
30. But the truth is quite otherwise. You never “deliver” a malefactor to his accuser; for when someone has been wronged, you do not exact the penalty in such a form as the injured party urges upon you in each case. On the contrary, laws were laid down by you before the particular offences were committed, when the future wrongdoer and his victim were equally unknown. What is the effect of these laws? They ensure for every citizen the opportunity of obtaining redress if he is wronged. Therefore when you punish a man who breaks the laws, you are not delivering him over to his accusers; you are strengthening the arm of the law in your own interests.
30. ἔχει δʼ οὐχ οὕτω ταῦτα, οὐδʼ ἐγγύς. οὐδένα γὰρ τῶν ἀδικούντων ὑμεῖς οὐδενὶ τῶν κατηγόρων ἐκδίδοτε· οὐδὲ γὰρ ἐπειδὰν ἀδικηθῇ τις, ὡς ἂν ἕκαστος ὑμᾶς ὁ παθὼν πείσῃ, ποιεῖσθε τὴν τιμωρίαν, ἀλλὰ τοὐναντίον νόμους ἔθεσθε πρὸ τῶν ἀδικημάτων, ἐπʼ ἀδήλοις μὲν τοῖς ἀδικήσουσιν, ἀδήλοις δὲ τοῖς ἀδικησομένοις. οὗτοι δὲ τί ποιοῦσιν οἱ νόμοι; πᾶσιν ὑπισχνοῦνται τοῖς ἐν τῇ πόλει, δίκην, ἂν ἀδικηθῇ τις, ἔσεσθαι διʼ αὐτῶν λαβεῖν. ὅταν τοίνυν τῶν παραβαινόντων τινὰ τοὺς νόμους κολάζητε, οὐ τοῖς κατηγόροις τοῦτον ἐκδίδοτε, ἀλλὰ τοὺς νόμους ὑμῖν αὐτοῖς βεβαιοῦτε.
31. But surely when he says, “Demosthenes was insulted,” he is met by an argument that is just and impartial and in the interests of all. It was not against the individual named Demosthenes that his brutality was directed on that occasion, but also against your chorus-master; and what that implies you may realize from the following considerations.
31. ἀλλὰ μὴν πρός γε τὸ τοιοῦτον, ὅτι Δημοσθένης φησὶν ὕβρισται, δίκαιος καὶ κοινὸς καὶ ὑπὲρ ἁπάντων ἔσθʼ ὁ λόγος. οὐ γὰρ εἰς Δημοσθένην ὄντα μʼ ἠσέλγαινε μόνον ταύτην τὴν ἡμέραν, ἀλλὰ καὶ εἰς χορηγὸν ὑμέτερον· τοῦτο δʼ ὅσον δύναται γνοίητʼ ἂν ἐκ τωνδί.
32. You know of course that of the judges who sit in this court none has the name of Judge, but each has some name of his own. Therefore if a man is guilty of assault or slander against anyone of them in his private capacity, he will stand his trial on an indictment for assault or in a suit for slander; but if he assails him as judge, he will incur total disfranchisement. Why so? Because at once by the mere act he is outraging your laws, your public crown of office, and the name that belongs to the State, for Judge is not a private name but a state-title.
32. ἴστε δήπου τοῦθʼ ὅτι τῶν θεσμοθετῶν τούτων οὐδενὶ θεσμοθέτης ἔστʼ ὄνομα, ἀλλʼ ὁτιδήποθʼ ἑκάστῳ. ἂν μὲν τοίνυν ἰδιώτην ὄντα τινʼ αὐτῶν ὑβρίσῃ τις ἢ κακῶς εἴπῃ, γραφὴν ὕβρεως καὶ δίκην κακηγορίας ἰδίαν φεύξεται, ἐὰν δὲ θεσμοθέτην, ἄτιμος ἔσται καθάπαξ. διὰ τί; ὅτι τοὺς νόμους ἤδη ὁ τοῦτο ποιῶν προσυβρίζει καὶ τὸν ὑμέτερον κοινὸν στέφανον καὶ τὸ τῆς πόλεως ὄνομα· ὁ γὰρ θεσμοθέτης οὐδενὸς ἀνθρώπων ἔστʼ ὄνομα, ἀλλὰ τῆς πόλεως.
33. In the same way again, if you strike or abuse the Archon when wearing his crown, you are disfranchised; but if you assault him as a private citizen, you are liable to a private suit. Moreover, this is true not only of these officials, but of everyone to whom the State grants the inviolability of a crowned office or of any other honor. Therefore in my case also, if on any other day in the year Meidias had wronged me as a private citizen, he would have had to give me private satisfaction;
33. καὶ πάλιν γε τὸν ἄρχοντα, ταὐτὸ τοῦτο, ἐὰν μὲν ἐστεφανωμένον πατάξῃ τις ἢ κακῶς εἴπῃ, ἄτιμος, ἐὰν δʼ ἰδιώτην, ἰδίᾳ ὑπόδικος. καὶ οὐ μόνον περὶ τούτων οὕτω ταῦτʼ ἔχει, ἀλλὰ καὶ περὶ πάντων οἷς ἂν ἡ πόλις τινʼ ἄδειαν ἢ στεφανηφορίαν ἤ τινα τιμὴν δῷ. οὕτω τοίνυν καὶ ἐμέ, εἰ μὲν ἐν ἄλλαις τισὶν ἡμέραις ἠδίκησέ τι τούτων Μειδίας ἰδιώτην ὄντα, ἰδίᾳ καὶ δίκην προσῆκεν αὐτῷ διδόναι·
34. but if all his outrages are shown to have been aimed at your chorus-master during the holy days of the festival, it is right that he should face public resentment and pay a public penalty. For the chorus master was insulted as well as Demosthenes, and that is a concern of the State, as well as the fact that this occurred on the very days on which the laws expressly forbid it. When you are framing your laws, you must scrutinize their purport; but when you have passed them, you must uphold them and put them in force, for that is required by your oath and by justice as well.
34. εἰ δὲ χορηγὸν ὄνθʼ ὑμέτερον ἱερομηνίας οὔσης πάνθʼ ὅσʼ ἠδίκηκεν ὑβρίσας φαίνεται, δημοσίας ὀργῆς καὶ τιμωρίας δίκαιός ἐστι τυγχάνειν· ἅμα γὰρ τῷ Δημοσθένει καὶ ὁ χορηγὸς ὑβρίζετο, τοῦτο δʼ ἐστὶ τῆς πόλεως, καὶ τὸ ταύταις ταῖς ἡμέραις, αἷς οὐκ ἐῶσιν οἱ νόμοι. χρὴ δʼ, ὅταν μὲν τιθῆσθε τοὺς νόμους, ὁποῖοί τινές εἰσι σκοπεῖν, ἐπειδὰν δὲ θῆσθε, φυλάττειν καὶ χρῆσθαι· καὶ γὰρ εὔορκα ταῦθʼ ὑμῖν ἐστι καὶ ἄλλως δίκαια.
35. You had the law—an ancient one—of damage; you had the law of battery and the law of assault. Now if it had been sufficient that those guilty at the Dionysia of any of these offences should be punished according to these laws, there would have been no need for this further law. But it was not sufficient, and the proof of this is that you made a law to protect the sanctity of the god during the Holy Month. If, then, anyone is liable both under those pre-existing laws and under this subsequent one as well as all the rest of the laws, is he for that reason to escape punishment, or should he in fairness suffer a heavier one? I think that it should be the heavier punishment.
35. ἦν ὁ τῆς βλάβης ὑμῖν νόμος πάλαι, ἦν ὁ τῆς αἰκείας, ἦν ὁ τῆς ὕβρεως. εἰ τοίνυν ἀπέχρη τοὺς τοῖς Διονυσίοις τι ποιοῦντας τούτων κατὰ τούτους τοὺς νόμους δίκην διδόναι, οὐδὲν ἂν προσέδει τοῦδε τοῦ νόμου. ἀλλʼ οὐκ ἀπέχρη. σημεῖον δέ· ἔθεσθʼ ἱερὸν νόμον αὐτῷ τῷ θεῷ περὶ τῆς ἱερομηνίας. εἴ τις οὖν κἀκείνοις τοῖς προϋπάρχουσι νόμοις καὶ τούτῳ τῷ μετʼ ἐκείνους τεθέντι καὶ πᾶσι τοῖς λοιποῖς ἔστʼ ἔνοχος, ὁ τοιοῦτος πότερα μὴ δῷ διὰ τοῦτο δίκην ἢ ⟨κἂν⟩ μείζω δοίη δικαίως; ἐγὼ μὲν οἴομαι μέζω.
36. I have been told that Meidias goes about inquiring and collecting examples of people who have at any time been assaulted, and that these people are going to give evidence and describe their experiences to you; for instance, men of Athens, the Chairman for the day who is said to have been struck by Polyzelus in your court, the judge who was lately struck when trying to rescue the flute-girl, and similar cases. He imagines that if he can point to many other victims of serious assault, you will be less indignant at the assault committed upon me!
36. ἀπήγγελλε τοίνυν τίς μοι περιιόντʼ αὐτὸν συλλέγειν καὶ πυνθάνεσθαι τίσι πώποτε συμβέβηκεν ὑβρισθῆναι, καὶ λέγειν τούτους καὶ διηγεῖσθαι πρὸς ὑμᾶς μέλλειν, οἷον, ὦ ἄνδρες Ἀθηναῖοι, τὸν πρόεδρον ὅν ποτέ φασιν ἐν ὑμῖν ὑπὸ Πολυζήλου πληγῆναι, καὶ τὸν θεσμοθέτην ὃς ἔναγχος ἐπλήγη τὴν αὐλητρίδʼ ἀφαιρούμενος, καὶ τοιούτους τινάς, ὡς, ἐὰν πολλοὺς ἑτέρους δεινὰ καὶ πολλὰ πεπονθότας ἐπιδείξῃ, ἧττον ὑμᾶς ἐφʼ οἷς ἐγὼ πέπονθʼ ὀργιουμένους. ἐμοὶ δʼ αὖ τοὐναντίον, ὦ ἄνδρες Ἀθηναῖοι, δοκεῖτε ποιεῖν ἂν εἰκότως, εἴπερ ὑπὲρ τοῦ κοινῇ βελτίστου δεῖ μέλειν ὑμῖν.
37. But it seems to me, Athenians, that it would be reasonable for you to do just the reverse, since your duty is to be solicitous for the common good of all. For who of you is unaware that the reason for the frequency of these assaults is the failure to punish the offenders, and that the only way to prevent such assaults in the future is adequately to punish every offender who is caught? Therefore, if it is to your interest to deter others, those cases are an additional reason for punishing Meidias, and punishing him the more severely in proportion to their number and their seriousness; but if you want to encourage him and everybody, you must let him off.
37. τίς γὰρ οὐκ οἶδεν ὑμῶν τοῦ μὲν πολλὰ τοιαῦτα γίγνεσθαι τὸ μὴ κολάζεσθαι τοὺς ἐξαμαρτάνοντας αἴτιον ὄν, τοῦ δὲ μηδένʼ ὑβρίζειν τὸ λοιπὸν τὸ δίκην τὸν ἀεὶ ληφθένθʼ ἣν προσήκει διδόναι μόνον αἴτιον ἂν γενόμενον; εἰ μὲν τοίνυν ἀποτρέψαι συμφέρει τοὺς ἄλλους, τοῦτον καὶ διʼ ἐκεῖνα κολαστέον, καὶ μᾶλλόν γʼ ὅσῳπερ ἂν ᾖ πλείω καὶ μείζω· εἰ δὲ παροξῦναι καὶ τοῦτον καὶ πάντας, ἐατέον.
38. Then again we shall find that he has not the same claim to consideration as these others. For in the first case the man who struck the judge had three excuses: he was drunk, he was in love, and he did not know what he was doing in the darkness and the night. Polyzelus again explained that owing to his ungovernable temper he had lost his head when he committed the offence; there was no hostility behind the act and no intention to insult. But Meidias cannot plead any of these excuses, for he was my enemy, and he assaulted me willfully by daylight, and not only on that, but on every occasion he has shown a deliberate intention to insult me.
38. ἔτι τοίνυν οὐδʼ ὁμοίαν οὖσαν τούτῳ κἀκείνοις συγγνώμην εὑρήσομεν. πρῶτον μὲν γὰρ ὁ τὸν θεσμοθέτην πατάξας τρεῖς εἶχεν προφάσεις, μέθην, ἔρωτα, ἄγνοιαν διὰ τὸ σκότους καὶ νυκτὸς τὸ πρᾶγμα γενέσθαι. ἔπειθʼ ὁ Πολύζηλος ὀργῇ καὶ τρόπου προπετείᾳ φθάσας τὸν λογισμὸν ἁμαρτὼν ἔπαισεν· οὐ γὰρ ἐχθρός γʼ ὑπῆρχεν ὤν, οὐδʼ ἐφʼ ὕβρει τοῦτʼ ἐποίησεν. ἀλλʼ οὐ Μειδίᾳ τούτων οὐδὲν ἔστʼ εἰπεῖν· καὶ γὰρ ἐχθρὸς ἦν, καὶ μεθʼ ἡμέραν εἰδὼς ὕβριζεν, καὶ οὐκ ἐπὶ τούτου μόνον, ἀλλʼ ἐπὶ πάντων φαίνεται προῃρημένος μʼ ὑβρίζειν.
39. And indeed I can see no comparison between my own conduct and that of those others. In the first case it will be proved that the judge took no thought or concern for you or for the laws, but was privately induced by a sum of money—I cannot say how much—to drop his action. In the same way the man who was struck by Polyzelus was privately squared, laughed in his sleeve at you and your laws, and never even prosecuted his assailant.
39. καὶ μὴν οὐδὲ τῶν πεπραγμένων ἐμοὶ καὶ τούτοις οὐδὲν ὅμοιον ὁρῶ. πρῶτον μὲν γὰρ ὁ θεσμοθέτης οὐχ ὑπὲρ ὑμῶν οὐδὲ τῶν νόμων φροντίσας οὐδʼ ἀγανακτήσας φανήσεται, ἀλλʼ ἰδίᾳ πεισθεὶς ὁπόσῳ δήποτʼ ἀργυρίῳ καθυφεὶς τὸν ἀγῶνα· ἔπειθʼ ὁ πληγεὶς ἐκεῖνος ὑπὸ τοῦ Πολυζήλου, ταὐτὸ τοῦτο, ἰδίᾳ διαλυσάμενος, ἐρρῶσθαι πολλὰ τοῖς νόμοις εἰπὼν καὶ ὑμῖν, οὐδʼ εἰσήγαγε τὸν Πολύζηλον.
40. Such statements, then, are quite in point if one wishes to accuse those men today, but as a defence of Meidias against my indictments they are the very last pleas that should be urged. For my conduct was clean contrary to theirs. It will be proved that I never got, or tried to get, any advantage for myself, but religiously observed, and have now restored to your keeping, the task of avenging the laws, the god, and your interests. Do not then allow him to make these statements, or if he persists, do not give him credence as if his plea were just. If he finds that this is your fixed determination, he will have nothing to say, not a word.
40. εἰ μὲν τοίνυν ἐκείνων κατηγορεῖν βούλεταί τις ἐν τῷ παρόντι, δεῖ λέγειν ταῦτα· εἰ δʼ ὑπὲρ ὧν ἐγὼ τούτου κατηγόρηκʼ ἀπολογεῖσθαι, πάντα μᾶλλον ἢ ταῦτα λεκτέα. πᾶν γὰρ τοὐναντίον ἐκείνοις αὐτὸς μὲν οὔτε λαβὼν οὐδὲν οὔτʼ ἐπιχειρήσας λαβεῖν φανήσομαι, τὴν δʼ ὑπὲρ τῶν νόμων καὶ τὴν ὑπὲρ τοῦ θεοῦ καὶ τὴν ὑπὲρ ὑμῶν τιμωρίαν δικαίως φυλάξας καὶ νῦν ἀποδεδωκὼς ὑμῖν. μὴ τοίνυν ἐᾶτε ταῦτʼ αὐτὸν λέγειν, μηδʼ, ἂν βιάζηται, πείθεσθʼ ὡς δίκαιόν τι λέγοντι.
41. For what sort of pretext, what decent and moderate excuse, can he show for his conduct? Anger? Possibly that will be his plea. But whereas in cases where a sudden loss of self-control has impelled a man even to inflict a wanton insult, it is open to him to say that he has acted in anger; if, on the other hand, he is detected in a continuous course of law-breaking, spread over many days, surely this is far from a mere fit of anger and he stands convicted of a deliberate policy of insult.
41. ἂν γὰρ ταῦθʼ οὕτως ἐγνωσμένʼ ὑπάρχῃ παρʼ ὑμῖν, οὐκ ἐνέσται αὐτῷ λόγος οὐδὲ εἷς. ποία γὰρ πρόφασις, τίς ἀνθρωπίνη καὶ μετρία σκῆψις φανεῖται τῶν πεπραγμένων αὐτῷ; ὀργὴ νὴ Δία· καὶ γὰρ τοῦτο τυχὸν λέξει. ἀλλʼ ἃ μὲν ἄν τις ἄφνω τὸν λογισμὸν φθάσας ἐξαχθῇ πρᾶξαι, κἂν ὑβριστικῶς ποιήσῃ, διʼ ὀργήν γʼ ἔνι φῆσαι πεποιηκέναι· ἃ δʼ ἂν ἐκ πολλοῦ συνεχῶς ἐπὶ πολλὰς ἡμέρας παρὰ τοὺς νόμους πράττων τις φωρᾶται, οὐ μόνον δήπου τοῦ μὴ μετʼ ὀργῆς ἀπέχει, ἀλλὰ καὶ βεβουλευμένως ὁ τοιοῦτος ὑβρίζων ἐστὶν ἤδη φανερός.
42. Very well; since he has clearly done what I accuse him of, and has done it by way of insult, we must now consider the laws, gentlemen of the jury, for it is in accordance with the laws that you have sworn to give your verdict. Observe, moreover, that the laws treat the willful and insolent transgressors as deserving more resentment and a heavier punishment than other classes of offenders.
42. ἀλλὰ μὴν ὁπηνίκα καὶ πεποιηκὼς ἃ κατηγορῶ καὶ ὕβρει πεποιηκὼς φαίνεται, τοὺς νόμους ἤδη δεῖ σκοπεῖν, ὦ ἄνδρες δικασταί· κατὰ γὰρ τούτους δικάσειν ὀμωμόκατε. καὶ θεωρεῖθʼ ὅσῳ μείζονος ὀργῆς καὶ ζημίας ἀξιοῦσι τοὺς ἑκουσίως καὶ διʼ ὕβριν πλημμελοῦντας τῶν ἄλλως πως ἐξαμαρτανόντων.
43. First then, all the laws of damage—to take these first—order the offender to pay the amount twice over if the damage is willful, but only once if it is involuntary. This is reasonable, because, while the injured party is in any case entitled to relief, the law does not ordain that the resentment against the aggressor should be the same, whether his act is voluntary or involuntary. Again, the laws of homicide punish willful murder with death, perpetual exile, and confiscation of goods, but accidental homicide they treat with much consideration and charity.
43. πρῶτον μὲν τοίνυν οἱ περὶ τῆς βλάβης οὗτοι νόμοι πάντες, ἵνʼ ἐκ τούτων ἄρξωμαι, ἂν μὲν ἑκὼν βλάψῃ, διπλοῦν, ἂν δʼ ἄκων, ἁπλοῦν τὸ βλάβος κελεύουσιν ἐκτίνειν. εἰκότως· ὁ μὲν γὰρ παθὼν πανταχοῦ βοηθείας δίκαιος τυγχάνειν, τῷ δράσαντι δʼ οὐκ ἴσην τὴν ὀργήν, ἄν θʼ ἑκὼν ἄν τʼ ἄκων, ἔταξʼ ὁ νόμος. ἔπειθʼ οἱ φονικοὶ τοὺς μὲν ἐκ προνοίας ἀποκτιννύντας θανάτῳ καὶ ἀειφυγίᾳ καὶ δημεύσει τῶν ὑπαρχόντων ζημιοῦσι, τοὺς δʼ ἀκουσίως αἰδέσεως καὶ φιλανθρωπίας πολλῆς ἠξίωσαν.
44. It is not only in these, but in all cases, that the laws may be seen to be severe against premeditated outrages. For how is it that if a man who has lost his case fails to pay, the law thereupon is not content with a private suit for ejectment, but directs the imposition of a further fine to the treasury? Or again, how is it that if a man takes from another by mutual consent a sum of one, two, or ten talents, and then fraudulently withholds it, the State has no concern with him; but if a man, taking something that would merit only a trifling fine, keeps it back by force, then the laws direct the jury to impose an additional fine for the treasury equal to that paid to the private owner?
44. οὐ μόνον δʼ ἐπὶ τούτων τοῖς ἐκ προαιρέσεως ὑβρισταῖς χαλεποὺς ὄντας ἰδεῖν ἔστι τοὺς νόμους, ἀλλὰ καὶ ἐφʼ ἁπάντων. τί γὰρ δή ποτʼ, ἄν τις ὀφλὼν δίκην μὴ ἐκτίνῃ, οὐκέτʼ ἐποίησʼ ὁ νόμος τὴν ἐξούλην ἰδίαν, ἀλλὰ προστιμᾶν ἐπέταξε τῷ δημοσίῳ; καὶ πάλιν τί δή ποτʼ, ἂν μὲν ἑκὼν παρʼ ἑκόντος τις λάβῃ τάλαντον ἓν ἢ δύʼ ἢ δέκα καὶ ταῦτʼ ἀποστερήσῃ, οὐδὲν αὐτῷ πρὸς τὴν πόλιν ἐστίν, ἂν δὲ μικροῦ πάνυ τιμήματος ἄξιόν τις λάβῃ, βίᾳ δὲ τοῦτʼ ἀφέληται, τὸ ἴσον τῷ δημοσίῳ προστιμᾶν οἱ νόμοι κελεύουσιν ὅσον περ δὴ τῷ ἰδιώτῃ;
45. The answer is that the legislator regarded every deed of violence as a public offence, committed against those also who are not directly concerned. For force belongs to the few, but the laws to all alike; and the man who agreed to the transaction can right himself privately, but the victim of violence needs relief at the hands of the State. On this principle, for the actual assault the law grants everyone the right to prosecute, but makes over the whole of the fine to the State. The legislator considered that the State, as well as the injured party, was wronged by the author of the outrage, and that his punishment was sufficient compensation for the victim, who ought not to make money for himself out of such wrongs.
45. ὅτι πάνθʼ ὅσα τις βιαζόμενος πράττει κοίνʼ ἀδικήματα καὶ κατὰ τῶν ἔξω τοῦ πράγματος ὄντων ἡγεῖθʼ ὁ νομοθέτης· τὴν μὲν γὰρ ἰσχὺν ὀλίγων, τοὺς δὲ νόμους ἁπάντων εἶναι, καὶ τὸν μὲν πεισθέντʼ ἰδίας, τὸν δὲ βιασθέντα δημοσίας δεῖσθαι βοηθείας. διόπερ καὶ τῆς ὕβρεως αὐτῆς τὰς μὲν γραφὰς ἔδωκεν ἅπαντι τῷ βουλομένῳ, τὸ δὲ τίμημʼ ἐποίησεν ὅλον δημόσιον· τὴν γὰρ πόλιν ἡγεῖτʼ ἀδικεῖν, οὐ τὸν παθόντα μόνον, τὸν ὑβρίζειν ἐπιχειροῦντα, καὶ δίκην ἱκανὴν τὴν τιμωρίαν εἶναι τῷ παθόντι, χρήματα δʼ οὐ προσήκειν τῶν τοιούτων ἐφʼ ἑαυτῷ λαμβάνειν.