Aeschines, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [Aeschin.].
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And what other law? The law against outrage, which includes all such conduct in one summary statement, wherein it stands expressly written: if any one outrage a child (and surely he who hires, outrages) or a man or woman, or any one, free or slave, or if he commit any unlawful act against any one of these. Here the law provides prosecution for outrage, and it prescribes what bodily penalty he shall suffer, or what fine he shall pay. Read the law.



[If any Athenian shall outrage a free-born child, the parent or guardian of the child shall demand a specific penalty. If the court condemn the accused to death, he shall be delivered to the constables and be put to death the same day. If he be condemned to pay a fine, and be unable to pay the fine immediately, he must pay within eleven days after the trial, and he shall remain in prison until payment is made. The same action shall hold against those who abuse the persons of slaves.]


Now perhaps some one, on first hearing this law, may wonder for what possible reason this word “slaves” was added in the law against outrage. But if you reflect on the matter, fellow citizens, you will find this to be the best provision of all. For it was not for the slaves that the lawgiver was concerned, but he wished to accustom you to keep a long distance away from the crime of outraging free men, and so he added the prohibition against the outraging even of slaves. In a word, he was convinced that in a democracy that man is unfit for citizenship who outrages any person whatsoever.


And I beg you, fellow citizens, to remember this also, that here the lawgiver is not yet addressing the person of the boy himself, but those who are near him, father, brother, guardian, teachers, and in general those who have control of him. But, as soon as the young man has been registered in the list of citizens, and knows the laws of the state, and is now able to distinguish between right and wrong, the lawgiver no longer addresses another, Timarchus, but now the man himself.


And what does he say? “If any Athenian,” he says, “shall have prostituted his person, he shall not be permitted to become one of the nine archons,” because, no doubt, that official wears the wreath; [Note]“nor to discharge the office of priest,” as being not even clean of body; “nor shall he act as an advocate for the state,” he says, “nor shall ever hold any office whatsoever, at home or abroad,whether filled by lot or by election; nor shall he be a herald or an ambassador”


—nor shall he prosecute men who have served as ambassadors, nor shall he be a hired slanderer— “nor ever address senate or assembly,” not even though he be the most eloquent orator in Athens. And if any one contrary to these prohibitions, the lawgiver has provided for criminal process on the charge of prostitution, and has prescribed the heaviest penalties therefor. Read to the jury this law also, that you may know, gentlemen, in the face of what established laws of yours, so good and so moral, Timarchus has had the effrontery to speak before the people—a man whose character is so notorious.



[If any Athenian shall have prostituted his person, he shall not be permitted to become one of the nine archons, nor to discharge the office of priest, nor to act as an advocate for the state, nor shall he hold any office whatsoever, at home or abroad, whether filled by lot or by election; he shall not be sent as a herald; he shall not take part in debate, nor be present at public sacrifices; when the citizens are wearing garlands, he shall wear none; and he shall not enter within the limits of the place that has been purified for the assembling of the people. If any man who has been convicted of prostitution act contrary to these prohibitions, he shall be put to death.]


This law was enacted concerning youths who recklessly sin against their own bodies. The laws relating to boys are those read to you a moment ago; but I am going to cite now laws that have to do with the citizens at large. For when the lawgiver had finished with these laws, he next turned to the question of the proper manner of conducting our deliberations concerning the most important matters, when we are met in public assembly. How does he begin? “Laws,” he says, “concerning orderly conduct.” He began with morality, thinking that that state will be best administered in which orderly conduct is most common. And how does he command the presiding officers to proceed?


After the purifying sacrifice has been carried round [Note] and the herald has offered the traditional prayers, the presiding officers are commanded to declare to be next in order the discussion of matters pertaining to the national religion, the reception of heralds and ambassadors, and the discussion of secular matters. [Note] The herald then asks, “Who of those above fifty years of age wishes to address the assembly?” When all these have spoken, he then invites any other Athenian to speak who wishes (provided such privileges belongs to him). [Note]

Aeschines, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [Aeschin.].
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