Against Simon
   HOME

TheInfoList



OR:

"Against Simon" (also known as "Reply to Simon") is a speech by
Lysias Lysias (; ; c. 445 – c. 380 BC) was a Logographer (legal), logographer (speech writer) in ancient Greece. He was one of the ten Attic orators included in the "Alexandrian Canon" compiled by Aristophanes of Byzantium and Aristarchus of Samothrac ...
, one of the "Canon of Ten"
Attic orators The ten Attic orators were considered the greatest Greek orators and logographers of the classical era (5th–4th century BC). They are included in the "Canon of Ten", which probably originated in Alexandria. A.E. Douglas has argued, however, t ...
. The speech, the third in the modern Lysianic corpus, concerns a case of "wounding with premeditation" or with the intention to commit
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
. This offense was heard not in front of an ordinary
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
but instead by the council of the
Areopagus The Areopagus () is a prominent rock outcropping located northwest of the Acropolis in Athens, Greece. Its English name is the Late Latin composite form of the Greek name Areios Pagos, translated "Hill of Ares" (). The name ''Areopagus'' also r ...
where not only the litigants of the case but the witnesses as well had to swear to a special
oath Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...
called the diomosia. In these proceedings, there was also an emphasis on citing only material that was specifically related to the case. Although it is not entirely clear how the
Athenians Athens ( ) is the Capital city, capital and List of cities and towns in Greece, largest city of Greece. A significant coastal urban area in the Mediterranean, Athens is also the capital of the Attica (region), Attica region and is the southe ...
differentiated between premeditated wounding and simple assault, scholars Scodel, Ruth. ''Lysias Orations I, III.'' Bryn Mawr: Bryn Mawr Commentaries, 1986. have suggested that the possession of a
weapon A weapon, arm, or armament is any implement or device that is used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime (e.g., murder), law ...
could be a determining factor.


People involved


Theodotos

The conflict in this case stems from a shared love interest between an unnamed defendant and the prosecutor, Simon. The love interest is a young Plataean man named Theodotos (pederastic relationships were not uncommon at the time, nor socially unacceptable: see
Pederasty in ancient Greece Pederasty in ancient Greece was a socially acknowledged relationship between an older male (the ''erastes'') and a younger male (the '' eromenos'') usually in his teens. It was characteristic of the Archaic and Classical periods. Some s ...
), whose citizenship status is unclear. It is possible that he was a part of an underclass of free men, but it is also possible that he was a
slave Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
. This issue is important as regards a claim made by Simon who says that he has entered into a
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
with the boy. As a slave, Theodotos would not have been able to enter into an agreement independently. It cannot be substantiated however that Simon's claim is true.


The unnamed speaker

The speaker of the case, a middle aged man who has retained Lysias as his speechwriter, goes unnamed and nothing is known about him apart from what information he gives about himself during the case. He claims that he, as well as his ancestors, have diligently served
Athens Athens ( ) is the Capital city, capital and List of cities and towns in Greece, largest city of Greece. A significant coastal urban area in the Mediterranean, Athens is also the capital of the Attica (region), Attica region and is the southe ...
and have provided great benefits and many public services, suggesting that they are wealthy members of the political elite of society. This, however, is a commonplace and may be an exaggeration because the defendant portrays himself throughout the speech as being too respectable and too old to suffer the embarrassment of making these incidents a public matter, despite saying that wrongs have been committed by both parties and were ultimately more the fault of Simon. It can be argued that if the defendant felt that he was totally innocent, then he himself would have brought charges against Simon, especially if he was a powerful figure in Athens.


Simon, the prosecutor

The prosecutor Simon, although his version of the story is not heard in the speech, seems to be a man of much lower standing in society. The defendant characterizes Simon as a man with a notorious reputation for violence and lawless behavior. The defendant answers to a previous claim made by Simon that he and Theodotos had an agreement between them. It was claimed by Simon that he retained the Plataean youth's sexual services for three hundred
drachma Drachma may refer to: * Ancient drachma, an ancient Greek currency * Modern drachma The drachma ( ) was the official currency of modern Greece from 1832 until the launch of the euro in 2001. First modern drachma The drachma was reintroduce ...
s which the defendant outrageously ignored and proceeded to unlawfully remove the boy from him. This statement is disputed however because Simon's estate is revealed to be worth only two hundred and fifty drachmas, a value which is less than the worth of his contract with Theodotos. It would therefore have been impossible for Simon to have hired Theodotos as his lover for more money than he actually possessed.


Notes on the case

Another notable factor in this case is the fact that four years have elapsed between the time of the incidents and the present. Although we cannot be certain, it seems that more has happened between these two men in that time and Simon is merely attempting to hurt the defendant for reasons other than what has been presented in the case. Using Lysias's speech, the defendant attempts to make it clear that Simon has overstated the seriousness of the injuries that he sustained from their previous quarrel and that he himself also suffered from numerous injuries. He also makes a brief attack on Simon's character by noting his disreputable experience in a military expedition to Coronea (which would place the case around 394 BC). The defendant states that Simon's conduct was so terrible that of all the Athenians, he alone was formally dismissed by the generals for misconduct. The speech ends by claiming once again that Simon was the instigator in all the encounters.


Sources

#Carey, Christopher. ''Trials from Classical Athens.'' New York: Routledge, 1997. () #Todd, S.C. ''Lysias'' (The Oratory of Classical Greece). Austin: University of Texas Press, 2000. () #Lamb, W.R.M. ''Lysias'' (Loeb Classical Library No. 244). Cambridge: Harvard University Press, 1930. ()


References


External links


"Against Simon: Defense" at the Perseus Project
{{Authority control Speeches by Lysias