§21ὅλως δʼ, ὦ ἄνδρες δικασταί, δίκαιον μὲν οὐδενὶ δήπου σκῆψιν οὐδεμίαν τοιαύτην οὐδʼ ἄδειαν ὑπάρχειν παρʼ ὑμῖν, διʼ ἣν ὑβρίζειν ἐξέσται· εἰ δʼ ἄρʼ ἐστίν τῳ, τοῖς διʼ ἡλικίαν τούτων τι πράττουσιν, τούτοις ἀποκεῖσθαι προσήκει τὰς τοιαύτας καταφυγάς, κἀκείνοις οὐκ εἰς τὸ μὴ δοῦναι δίκην, ἀλλʼ εἰς τὸ τῆς προσηκούσης ἐλάττω.
In general, gentlemen of the jury, it is surely not right that any such excuse or impunity should exist among you for anyone, by which it will be permitted to act insolently; but if, after all, there is for someone, it is fitting that such refuges be reserved for those who do any of these things because of their age, and for them, not so as not to pay the penalty, but to pay less than what is appropriate.
§22ὅστις δʼ ἐτῶν μέν ἐστιν πλειόνων ἢ πεντήκοντα, παρὼν δὲ νεωτέροις ἀνθρώποις καὶ τούτοις υἱέσιν, οὐχ ὅπως ἀπέτρεψεν ἢ διεκώλυσεν, ἀλλʼ αὐτὸς ἡγεμὼν καὶ πρῶτος καὶ πάντων βδελυρώτατος γεγένηται, τίνʼ ἂν οὗτος ἀξίαν τῶν πεπραγμένων ὑπόσχοι δίκην;
But as for a man who is more than fifty years old, and who, being present with younger men—and those his own sons—far from turning them away or preventing them, has himself become their leader and first and the most abominable of all, what penalty worthy of his deeds could he pay?
ἐγὼ μὲν γὰρ οὐδʼ ἀποθανόντʼ οἴομαι.
For my part, I think not even if he were to die.
καὶ γὰρ εἰ μηδὲν αὐτὸς εἴργαστο τῶν πεπραγμένων, ἀλλʼ εἰ παρεστηκότος τούτου Κτησίας ὁ υἱὸς ὁ τούτου ταὔθʼ ἅπερ νυνὶ πεποιηκὼς ἐφαίνετο, τοῦτον ἐμισεῖτʼ ἂν δικαίως.
For even if he himself had done none of the deeds, but if, while he stood by, Ctesias his son were seen to have done the very things he has now done, this man would justly be hated.
§23εἰ γὰρ οὕτω τοὺς αὑτοῦ προῆκται παῖδας ὥστʼ ἐναντίον ἐξαμαρτάνοντας ἑαυτοῦ, καὶ ταῦτʼ ἐφʼ ὧν ἐνίοις θάνατος ἡ ζημία κεῖται, μήτε φοβεῖσθαι μήτʼ αἰσχύνεσθαι, τί τοῦτον οὐκ ἂν εἰκότως παθεῖν οἴεσθε;
For if he has brought up his own children in such a way that, committing errors in his presence—and that too when for some of these the penalty of death is established—they neither fear nor feel shame, what do you think this man would reasonably suffer?
ἐγὼ μὲν γὰρ ἡγοῦμαι ταῦτʼ εἶναι σημεῖα τοῦ μηδὲ τοῦτον τὸν ἑαυτοῦ πατέρʼ αἰσχύνεσθαι· εἰ γὰρ ἐκεῖνον αὐτὸς ἐτίμα καὶ ἐδεδίει, κἂν τούτους αὑτὸν ἠξίου.
For my part, I believe these are proofs that he himself did not respect his own father; for if he himself honored and feared him, he would have expected these children to respect himself.
§24λαβὲ δή μοι καὶ τοὺς νόμους, τόν τε τῆς ὕβρεως καὶ τὸν περὶ τῶν λωποδυτῶν· καὶ γὰρ τούτοις ἀμφοτέροις ἐνόχους τούτους ὄψεσθε.
Take, please, the laws for me, both that of insolence and that concerning footpads; for you will see that they are liable to both of these.
λέγε.
Read.
ΝΟΜΟΙ.
τούτοις τοῖς νόμοις ἀμφοτέροις ἐκ τῶν πεπραγμένων ἔνοχος Κόνων ἐστὶν οὑτοσί· καὶ γὰρ ὕβριζεν καὶ ἐλωποδύτει.
LAWS Conon here is liable to both of these laws from what was done; for he both acted insolently and stripped me.
εἰ δὲ μὴ κατὰ τούτους προειλόμεθʼ ἡμεῖς δίκην λαμβάνειν, ἡμεῖς μὲν ἀπράγμονες καὶ μέτριοι φαινοίμεθʼ ἂν εἰκότως, οὗτος δʼ ὁμοίως πονηρός.
And if we preferred not to obtain justice according to these, we indeed would reasonably appear quiet and moderate, but he equally wicked.
§25καὶ μὴν εἰ παθεῖν τί μοι συνέβη, φόνου καὶ τῶν δεινοτάτων ἂν ἦν ὑπόδικος.
Indeed, if anything had happened to me, he would have been liable to a charge of murder and the most terrible things.
τὸν γοῦν τῆς Βραυρωνόθεν ἱερείας πατέρʼ ὁμολογουμένως οὐχ ἁψάμενον τοῦ τελευτήσαντος, ὅτι τῷ πατάξαντι τύπτειν παρεκελεύσατο, ἐξέβαλεν ἡ βουλὴ ἡ ἐξ Ἀρείου πάγου, δικαίως· εἰ γὰρ οἱ παρόντες ἀντὶ τοῦ κωλύειν τοὺς ἢ διʼ οἶνον ἢ διʼ ὀργὴν ἤ τινʼ ἄλλην αἰτίαν ἐξαμαρτάνειν ἐπιχειροῦντας αὐτοὶ παροξυνοῦσιν, οὐδεμίʼ ἐστὶν ἐλπὶς σωτηρίας τῷ περιπίπτοντι τοῖς ἀσελγαίνουσιν, ἀλλʼ ἕως ἂν ἀπείπωσιν, ὑβρίζεσθαι ὑπάρξει· ὅπερ ἐμοὶ συνέβη.
At any rate, the Council of the Areopagus justly banished the father of the priestess from Brauron, who was admitted not to have touched the deceased, because he exhorted the striker to strike; for if those present, instead of preventing those who attempt to commit errors either because of wine or anger or some other cause, themselves egg them on, there is no hope of safety for the person falling among the insolent, but they will be subjected to being insulted until they tire; which is what happened to me.
§26ἃ τοίνυν, ὅθʼ ἡ δίαιτα ἐγίγνετο, ἐποίουν, βούλομαι πρὸς ὑμᾶς εἰπεῖν· καὶ γὰρ ἐκ τούτων τὴν ἀσέλγειαν θεάσεσθʼ αὐτῶν.
Now, what they did when the arbitration was taking place, I wish to tell you; for from these things too you will behold their brutality.
ἐποίησαν μὲν γὰρ ἔξω μέσων νυκτῶν τὴν ὥραν, οὔτε τὰς μαρτυρίας ἀναγιγνώσκειν ἐθέλοντες οὔτʼ ἀντίγραφα διδόναι, τῶν τε παρόντων ἡμῖν καθʼ ἕνʼ οὑτωσὶ πρὸς τὸν λίθον ἄγοντες καὶ ἐξορκοῦντες, καὶ γράφοντες μαρτυρίας οὐδὲν πρὸς τὸ πρᾶγμα, ἀλλʼ ἐξ ἑταίρας εἶναι παιδίον αὐτῷ καὶ τοῦτο πεπονθέναι τὰ καὶ τά, ἃ μὰ τοὺς θεούς, ἄνδρες δικασταί, οὐδεὶς ὅστις οὐκ ἐπετίμα τῶν παρόντων καὶ ἐμίσει, τελευτῶντες δὲ καὶ αὐτοὶ οὗτοι ἑαυτούς.
For they made the hour past midnight, neither wishing to read the testimonies nor to give copies, and leading each one of those present for us in this way to the stone and swearing them, and writing testimonies nothing to the purpose, but that he had a child by a courtesan and had suffered such and such things, which, by the gods, gentlemen of the jury, there was no one present who did not censure and hate, and finally even these men themselves were ashamed of themselves.
§27ἐπειδὴ δʼ οὖν ποτʼ ἀπεῖπον καὶ ἐνεπλήσθησαν ταῦτα ποιοῦντες, προκαλοῦνται ἐπὶ διακρούσει καὶ τῷ μὴ σημανθῆναι τοὺς ἐχίνους ἐθέλειν ἐκδοῦναι περὶ τῶν πληγῶν παῖδας, ὀνόματα γράψαντες.
But when at last they tired and had their fill of doing these things, they challenged us, for the sake of delay and wishing that the echinoi might not be sealed, to hand over slaves concerning the blows, having written down names.
καὶ νῦν οἶμαι περὶ τοῦτʼ ἔσεσθαι τοὺς πολλοὺς τῶν λόγων αὐτοῖς.
And now I think most of their speeches will be about this.
ἐγὼ δʼ οἶμαι δεῖν πάντας ὑμᾶς ἐκεῖνο σκοπεῖν, ὅτι οὗτοι, εἰ τοῦ γενέσθαι τὴν βάσανον ἕνεκα προὐκαλοῦντο καὶ ἐπίστευον τῷ δικαίῳ τούτῳ, οὐκ ἂν ἤδη τῆς διαίτης ἀποφαινομένης, νυκτός, οὐδεμιᾶς ὑπολοίπου σκήψεως οὔσης, προὐκαλοῦντο, §28ἀλλὰ πρῶτον μὲν πρὸ τοῦ τὴν δίκην ληχθῆναι, ἡνίκʼ ἀσθενῶν ἐγὼ κατεκείμην, καὶ οὐκ εἰδὼς εἰ περιφεύξομαι, πρὸς ἅπαντας τοὺς εἰσιόντας τοῦτον ἀπέφαινον τὸν πρῶτον πατάξαντα καὶ τὰ πλεῖσθʼ ὧν ὑβρίσμην διαπεπραγμένον, τότʼ ἂν εὐθέως ἧκεν ἔχων μάρτυρας πολλοὺς ἐπὶ τὴν οἰκίαν, τότʼ ἂν τοὺς οἰκέτας παρεδίδου καὶ τῶν ἐξ Ἀρείου πάγου τινὰς παρεκάλει· εἰ γὰρ ἀπέθανον, παρʼ ἐκείνοις ἂν ἦν ἡ δίκη.
But I think all of you ought to consider this: that these men, if they challenged for the sake of the torture taking place and trusted in this right, would not have challenged when the arbitration was already being announced, at night, with no remaining excuse left, but first of all before the action was brought, when I was lying ill, and not knowing if I would survive, I was pointing out to all who entered this man as the first who struck me and who had performed most of the insults I received—at that time he would have come immediately with many witnesses to the house, at that time he would have handed over the slaves and called some of the Areopagus; for if I had died, the trial would have been before them.