Assault And Wounding

This speech concerns a case of intentional wounding (trauma ek pronoias), an offence which fell under the jurisdiction of the Areiopagos. This fact, together with the severity of the penalty and the procedural similarities between wounding and homicide trials, have been taken to support the contention of our speaker (§41) that wounding was regarded as attempted murder, as does the fact that the speaker of Lysias 4 (another wounding case, not included in this collection) argues as though he were charged with attempting to kill, not merely knowingly wounding, his alleged victim. This may explain the fact that there appears to have been no action for accidental wounding. However, the most recent (and thorough) modern study of this offence and the related procedure (D. Phillips, ‘Trauma ek Pronoias in Athenian Law’, Journal of Hellenic Studies 127 (2007), 74–105) concludes that the intent was only to wound. Although scholarly opinion has often viewed trauma as a private case, all the evidence indicates that, unlike homicide, wounding was covered by a graphe, a public action. The paradox that the lesser offence was open to prosecution by the volunteer (ho boulomenos), while the right to prosecute was restricted in homicide cases, is less surprising when we consider the conservatism in Athenian approaches to the homicide laws and the fact that they predated Solon's introduction of third party intervention. It appears to have been distinguished from battery (aikeia) and outrage (hybris) by the use of a weapon. The unnamed defendant is (as the opening makes clear) into middle age; he is evidently a man of substance, as the reference at the close to public services (leitourgiai) indicates. His opponent Simon is otherwise unknown. The date of the speech can be fixed broadly by the reference to the battles of Corinth and Koroneia near the close. Both battles were fought in 394. There is a commentary on this speech and a more detailed commentary (with translation) in C. Carey, Lysias: Selected Speeches (Cambridge 1989) and S.C. Todd, A Commentary on Lysias, Speeches 1–11 (Oxford 2008).

[1] Though I know many appalling things about Simon, Council, I would never have expected his audacity to reach the point where he would bring a charge, as though he were the victim, relating to acts for which he should himself be punished, and come before you having sworn such an important and solemn oath. [2] Now, if any other judges were going to decide my case, I should find the risk very frightening; for I observe that sometimes the effect of fabrications and accidents is such that the result often surprises those on trial. But coming before you I hope to receive just treatment. [3] What I most resent, Council, is that I shall be compelled to speak to you about matters which so embarrassed me that I tolerated mistreatment to avoid having them widely known. But since Simon has placed me in this difficult situation, I shall tell you the whole story without concealment. [4] And I ask, Council, that if I am guilty you show me no mercy; but if on this issue I prove that I am not guilty of the acts to which Simon swore, and in general if it becomes clear that my feelings for the lad display a folly inappropriate to my age, I ask you to think no worse of me; for you know that desire is common to all mankind, but the best and most decent man is the one who is capable of bearing his misfortunes with the most decorum. All my efforts to achieve this have been blocked by this man Simon, as I shall prove to you.

[5] We both fell in love with Theodotos, a Plataian youth, Council. And I tried to win his affection by treating him well, while Simon thought that with violent and lawless behaviour he would force the boy to do whatever he wanted. It would take too long to tell all the mistreatment Theodotos has received from him. But what I think you should hear is his offences against me personally.

[6] Discovering that the boy was with me, he came to my house at night, drunk, broke down the doors and went into the women's quarters, when my sister and my nieces were there; and they have lived such a decent life that they are embarrassed to be seen even by their relatives. [7] Such was his violence that he refused to go until the passers-by and the people who came with him, shocked at his conduct in entering the presence of orphaned young girls, made him leave by force. And so far from regretting his outrageous conduct, he found out where we were dining and did the strangest thing, something quite incredible, unless one happened to know the man's madness. [8] He called me from indoors, and when I came out he immediately tried to strike me; when I resisted, he stood at a distance and pelted me with stones. He actually missed me, but hit Aristokritos, who had come with him to see me, with a stone and split his forehead open.

[9] Personally, Council, though I thought myself appallingly treated, I tolerated it through embarrassment at my unfortunate situation, as I have already said. I preferred to forgo satisfaction for these wrongs rather than to be thought a fool by my fellow citizens, in the knowledge that, while these events would be thought consistent with the villainy of this man, my sufferings would excite mockery from many of those who habitually resent it if anyone in the city tries to be a useful citizen. [10] I was so unsure how to cope with this man's contempt for legality, Council, that I decided it would be best to go away from Athens. So taking the boy along (I have to tell the whole truth) I left the city.

When I thought that enough time had elapsed for Simon to forget the youth and regret his former misconduct, I came back, [11] I went off to Peiraieus. But Simon noticed at once that Theodotos was back and was at the house of Lysimachos, who lived near the house which Simon had leased, and he summoned some of his friends. They passed their time dining and drinking; they had set watchers on the roof so that when the boy emerged they could drag him in. [12] At this juncture I came back from Peiraieus, and while passing I called in at Lysimachos' house. After a short interval we came out. Drunk by now, our opponents jumped on us. Some of Simon's companions refused to join in his misbehaviour; but Simon here, Theophilos, Protarchos and Autokles began dragging the boy off. He however threw off his robe and took to flight. [13] As for me, thinking Theodotos would escape and that my opponents would turn back in shame as soon as they encountered people – with these thoughts I went off in another direction; I was so keen to avoid them, and I thought that all I had experienced at their hands a great misfortune. [14] And at this point, where Simon says the fight took place, none of them or us had his head cut open or suffered any other injury, as I shall prove by presenting those who were there as witnesses.

Witnesses

[15] The testimony of those who were there has shown, Council, that Simon was the offender and that he plotted against us, not I against him. After this the boy took refuge in a laundry, and they rushed in together and began to drag him off by force, while he yelled and called for witnesses to his protests. [16] A large number of people ran up and expressed disapproval of the affair, saying that these acts were appalling; but they ignored the comments and when Molon the fuller and some others tried to protect the boy they beat them severely. [17] By now they were in the vicinity of Lampon's house, when I came upon them, walking along on my own. I thought it would be appalling and disgraceful of me to stand by while the youth was assaulted in so lawless and violent a manner; so I took hold of him. When asked why they were subjecting him to such unlawful treatment, my opponents refused to answer but let go of the young man and began to hit me. [18] A fight ensued, Council, in which the boy was pelting them and fighting for his life and these people were pelting us and still beating him drunkenly, while I was defending myself and the passers-by were all of them assisting us as the victims, and in this confusion we all had our heads split open.

[19] As for all the others who joined Simon in his drunken violence, as soon as they saw me after this, they asked me to forgive them, as the ones who behaved intolerably and not the victims. And from that day to this, though four years have elapsed nobody has ever brought any complaint against me. [20] But as for this man Simon, the cause of all the trouble, for most of the time he kept his peace through fear for himself; but when he saw me lose some private suits arising from a challenge to exchange property, he began to despise me and with the impudence you see embroiled me in a trial of such a serious nature. To prove the truth of my story, I shall present you with those who were there as witnesses.

Witnesses

[21] You have heard what happened both from me and from the witnesses. I could wish, Council, that Simon's attitude was the same as mine, so that you could hear the truth from both of us and decide with ease where justice lies. But since he has no respect for the oaths he swore, I shall try to correct the lies he has told you.

[22] He had the audacity to state that he made an agreement with Theodotos and gave him three hundred drachmas, and that I schemed to detach the boy from him. But what he should have done, if this was the truth, was to summon the largest number of witnesses he could and deal with the matter legally. [23] But this man self-evidently never did anything of the sort, but assaulted and struck both of us, came on a drunken visit, broke down the doors and went by night into the quarters of free women. You should consider this conduct the firmest indication that he is lying.

[24] Observe how implausible his claim is. He assessed his whole property at a value of two hundred and fifty drachmas. Now it would be remark- able if he hired a male lover for more money than he actually possesses. [25] But his impudence is such that he is not content to lie merely about this point, the payment of the money; he actually says that he has been repaid. But surely it's inconceivable that at that point we would commit offences of the sort he has charged us with, in an attempt to deprive him of the three hundred drachmas, and pay back the money precisely when we had outfought him, without obtaining formal release from his charges and when under no compulsion? [26] No, Council, all this is a calculated fabrication by him; he says he gave the money so that he will not seem guilty of intolerable conduct in daring to treat the lad so outrageously when there was no compact between them, and he pretends to have been repaid because it is obvious that he never made a formal complaint about money or made any mention of it whatsoever.

[27] And he claims that he was beaten and left in a terrible condition by me at his own door. Yet it is certain that he pursued the boy more than four stades from his house without any injury, and he denies this though more than two hundred people saw it.

[28] He says that we came to his house with shards of pottery and I threatened to kill him; and this indicates intent. In my opinion, Council, it is easy to tell that he is lying, not only for you who regularly consider such matters but for the rest of the world as well. [29] Who could find it credible that with full intent and deliberation I came to Simon's house in the daytime, with the lad, when there was such a large number of people gathered there, unless I was so deranged as to wish to fight alone against large numbers? Besides which, I knew that he would be delighted to see me at his door, since it was he who used to come to my house and force his way in, and who had the impudence to search for me without any consideration for my sister and my nieces, and finding out where I happened to be at dinner called me out and hit me. [30] And at that point, it seems, I kept my peace to avoid notoriety, regarding his criminality as my misfortune, but when time had passed, I then (according to him) became eager for notoriety!

[31] If the boy had been at his house, it would make some sense for him to lie to the effect that I was compelled by desire to behave somewhat more foolishly than usual. As it stands, the boy would not even talk to him, but hated him more than anyone in the world, while it was with me that he was actually staying. [32] So which of you finds it credible that, when I had earlier made a voyage away from the city taking the boy with me, to avoid fighting with Simon, once I arrived back I took him to Simon's house, where I was likely to have the most trouble? [33] And when scheming against him did I come so ill-prepared that I had summoned neither friends nor servants nor any other person, except for this child, who could not have helped me, but would be able to disclose under torture any offence I committed? [34] Was I so stupid that when scheming against Simon, instead of watching for an opportunity to catch him alone, at night or in daylight, I went to the very place where I was sure to be seen by the largest number of people and beaten up, as though my intent was against myself, to ensure that I received the maximum humiliation from my enemies?

[35] Furthermore, Council, you can easily tell from the fight which took place that he is lying. Once the boy realized what was happening, he threw off his robe and took to flight, and these people followed him, while I went off by another route. [36] But who should one hold responsible for what happened, the ones who ran away or the ones who tried to catch them? I think it's obvious to all that people who fear for their safety flee and people who wish to cause harm pursue. [37] And it's not the case that though this is the probability what actually happened was different. They seized the lad on the street and were dragging him off by force; I came along, and I did not touch them but took hold of the boy, while they were dragging him off by force and beating me. This has been attested for you by those who were present. So it is intolerable if it is to be believed that I am guilty of intent in matters where these people have in reality behaved in such an appalling and lawless way.

[38] Whatever would have happened to me, if the reverse of this had happened, if accompanied by many of my friends I had met Simon, fought with him and beaten him, then pursued him and having caught him I tried to drag him off by force, if as it is when he has behaved like this I find myself facing a trial of such seriousness, in which I stand to lose my fatherland and all my possessions?

[39] The most important and clearest indication is this. The man who has been wronged and schemed against by me, as he claims, could not bring himself to bring a charge before you for four years. Other people, when they are in love and are robbed of the object of desire and are beaten up, grow angry and attempt to take revenge at once, while this man does it ages afterwards.

[40] I think, Council, that I have given adequate proof that I am not to blame for what happened. But my attitude to quarrels over matters like this is such that, though I have suffered a great many other outrages from Simon and had my head split open by him, I could not bring myself to take legal action against him. I thought it preposterous that just because we had been in competition with each other for a lover one should try to have people exiled from their homeland.

[41] Then again, I did not think that intent applied to a wound unless the person inflicting it wanted to kill. For who is so foolish as to spend a long time planning to wound one of his enemies? [42] Clearly our legislators did not see fit, just because people happened to injure each other's heads in a fight, to punish them with exile from their fatherland. In that case they would have exiled a good many people. No, it was for those who having planned to kill people wounded them and failed to kill that they made the penalties so severe. They believed that they should be punished for acts that were planned and intended; if they failed, the deed had still been done as far as their action was concerned. [43] This is a decision you have often reached before now in the matter of intent. For it would be bizarre if, whenever people received a wound as a result of drunken rivalry or horseplay or an insult or a fight over a mistress, for incidents which everyone regrets when they come to their senses, you are to make the penalties so severe and awful that you exile some of the citizen body from their homeland.

[44] One thing especially amazes me about his character. I don't think that the same nature is capable of both love and malicious litigation; the former belongs to simpler souls, the latter to the most unscrupulous. I wish it was possible for me to give proof of this man's criminality in your court from the rest of his conduct, so that you would realize that it would be far more just for him to be on trial for his life than to place others in danger of losing their homeland. [45] Most of it I shall omit. But I shall mention a fact, which you should hear and which will be an indication of his audacity and impudence. In Corinth, after arriving too late for the battle against the enemy and the expedition to Koroneia, he fought with Laches the taxiarch and struck him; and though the whole citizen body took part in the expedition, he was deemed thoroughly undisciplined and wicked and alone of the Athenians he was formally dismissed by the generals.

[46] There are many other tales I could tell about him, but since it is not allowable in your court to speak outside the main issue, please bear this in mind. It was they who entered our home by force; they who pursued; they who tried to drag us by force off the street. [47] Remember this and vote for what is just. Do not allow me to be exiled unjustly from my fatherland, for which I have faced many dangers and performed many public services; I have never been responsible for any harm to it, nor has any of my ancestors, but for much benefit. [48] So in justice I should be pitied by you and other men, not only if any of the things Simon wants were to happen to me but also because I have been forced as a result of events like this to face a trial of this nature.