Against Simon
Lysias
Lysias. Lamb, W.R.M., translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1930.
Besides, I did not see that there was any premeditation of wounding in the case of a man who gave a wound without meaning to kill. For who is so simple as to premeditate a long time ahead how some enemy of his shall come by a wound?
Why, it is clear that even the makers of our laws did not think well, when people happened in a fight to break each other’s heads, to make it a case for banishment from their country; else they would have exiled a goodly number. But in the case of any persons who, designing to kill, wounded others without being able to kill them, they appointed the punishment in that degree of severity, judging it meet that where they had shown design and premeditation they should pay the penalty: though if they might not have succeeded, none the less their best efforts had been exerted.[*](Cf. Plat. Laws 9.876e ff.)
And in this way you have decided, many a time in the past, on this point of premeditation. Extraordinary, indeed, it would be, if in all cases of wounds received through some drunken rivalry, or game, or abuse, or in a fight for a mistress,—affairs of which everyone repents on better consideration,—you are to inflict a punishment of such awful severity as that of expelling any of our citizens from their native land.
I wonder most of all at this man’s temperament. For it does not seem to me that the same person can be both a lover and a slanderer, since the former implies the simpler sort of man, and the latter the most villainous. I could wish that I were allowed to expose this man’s wickedness before you in all its other effects, so that you might understand how in justice he ought far rather to be on trial for his life than bringing others into peril of losing their native land.
I will, however, pass over all those things, and will mention not one which I consider you ought to hear, as being a sure proof of his brazen-faced audacity. In Corinth, where he arrived after our battle with the enemy and the expedition to Coronea[*](At the battle of Coronea in 394 B.C. the Athenians and Thebans fought the Spartans commanded by Agesilaus.) he fought with the taxiarch[*](The officer commanding an infantry contingent front one of the ten tribes. Cf. Dem. 54.5.) Laches and gave him a beating; and when the citizens had set forth in full military strength, he was specially noted for insubordination and knavery, and was the only Athenian ordered by the generals to be banned by herald.
I could go on to relate many other things regarding this man; but, since it is not lawful to speak in your court beyond the limits of the case, I ask you to reflect on this: it was these men who forced their way into our house, they who pursued us, and they who forcibly seized and dragged us out of our path.
Remembering these things, give your vote for justice, and do not suffer me to be unjustly ejected from my native land, for which I have braved many dangers and performed many public services: no harm have I ever brought upon that land, nor has any of my ancestors; nay, many are the benefits that we have brought her.
Justly, then, should I receive your pity, and that of all men else, not merely if I should meet with such a fate as Simon wishes, but even for having been compelled, as a result of such transactions, to stand my trial on such a charge.