Against Simon
Encyclopedia
Against Simon is a speech by Lysias
, one of the "Canon of Ten" Attic orators
(Speech 3 in Lamb's translation). The speech concerns a case of "wounding with premeditation" or with the intention to commit murder
. This offense was heard not in front of an ordinary court
but instead by the council of the Areopagus
where not only the litigants of the case but the witnesses as well had to swear to a special oath
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 differentiated between premeditated wounding and simple assault, scholars have suggested that the possession of a weapon
could be a determining factor.
), 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. This issue is important in regards to a claim made by Simon who says that he has entered into a contract
with the boy. As a slave, Theodotos would not have been able to independently enter into an agreement. It cannot be substantiated however that Simon's claim is true.
and have provided great benefits and many public services, suggesting that they are wealthy members of the political elite of society. This, however, 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.
Lysias
Lysias was a logographer in Ancient Greece. He was one of the ten Attic orators included in the "Alexandrian Canon" compiled by Aristophanes of Byzantium and Aristarchus of Samothrace in the third century BC.-Life:According to Dionysius of Halicarnassus and the author of the life ascribed to...
, one of the "Canon of Ten" Attic orators
Attic orators
The ten Attic orators were considered the greatest orators and logographers of the classical era . They are included in the "Alexandrian Canon" compiled by Aristophanes of Byzantium and Aristarchus of Samothrace.-The Alexandrian "Canon of Ten":* Aeschines* Andocides* Antiphon* Demosthenes*...
(Speech 3 in Lamb's translation). The speech concerns a case of "wounding with premeditation" or with the intention to commit murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. This offense was heard not in front of an ordinary court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
but instead by the council of the Areopagus
Areopagus
The Areopagus or Areios Pagos is the "Rock of Ares", north-west of the Acropolis, which in classical times functioned as the high Court of Appeal for criminal and civil cases in Athens. Ares was supposed to have been tried here by the gods for the murder of Poseidon's son Alirrothios .The origin...
where not only the litigants of the case but the witnesses as well had to swear to a special oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
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 differentiated between premeditated wounding and simple assault, scholars have suggested that the possession of a weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
could be a determining factor.
Theodotos
The conflict in this case stems from a common 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 GreecePederasty in ancient Greece
Pederasty in ancient Greece was a socially acknowledged relationship between an adult and a younger male usually in his teens. It was characteristic of the Archaic and Classical periods...
), 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. This issue is important in regards to a claim made by Simon who says that he has entered into a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
with the boy. As a slave, Theodotos would not have been able to independently enter into an agreement. 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 AthensAthens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...
and have provided great benefits and many public services, suggesting that they are wealthy members of the political elite of society. This, however, 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 drachmas 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.Sources
- Carey, Christopher. Trials from Classical Athens. New York: Routledge, 1997. (ISBN 978-0-415-10761-7)
- Todd, S.C. Lysias (The Oratory of Classical Greece). Austin: University of Texas Press, 2000. (ISBN 978-0-292-78166-5)
- Lamb, W.R.M. Lysias (Loeb Classical Library No. 244). Cambridge: Harvard University Press, 1930. (ISBN 978-0-674-99269-6)