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Against Timarchus   



Laws

The teachers of the boys shall open the school-rooms not earlier than sunrise, and they shall close them before sunset. No person who is older than the boys shall be permitted to enter the room while they are there, unless he be a son of the teacher, a brother, or a daughter's husband. If any one enter in violation of this prohibition, he shall be punished with death. The superintendents of the gymnasia shall under no conditions allow any one who has reached the age of manhood to enter the contests of Hermes together with the boys. A gymnasiarch who does permit this and fails to keep such a person out of the gymnasium, shall be liable to the penalties prescribed for the seduction of free-born youth. Every choregus who is appointed by the people shall be more than forty years of age.

[13] Now after this, fellow citizens, he lays down laws regarding crimes which, great as they undoubtedly are, do actually occur, I believe, in the city. For the very fact that certain unbecoming things were being done was the reason for the enactment of these laws by the men of old. At any rate the law says explicitly: if any boy is let out for hire as a prostitute, whether it be by father or brother or uncle or guardian, or by any one else who has control of him, prosecution is not to he against the boy himself, but against the man who let him out for hire and the man who hired him; against the one because he let him out for hire, and against the other, it says, because he hired him. And the law has made the penalties for both offenders the same. Moreover the law frees a son, when he has become a man, from all obligation to support or to furnish a home to a father by whom he has been hired out for prostitution; but when the father is dead, the son is to bury him and perform the other customary rites.

[14] See, gentlemen, how admirably this legislation fits the case; so long as the father is alive he is deprived of all the benefits of fatherhood, precisely as he deprived his son of a citizen's right to speak; but when he is dead, and unconscious of the service that is being rendered him, and when it is the law and religion that receive the honor, then at last the lawgiver commands the son to bury him and perform the other customary rites.But what other law has been laid down for the protection of your children? The law against panders. For the lawgiver imposes the heaviest penalties if any person act as pander in the case of a free-born child or a free-born woman.

[15] 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.

[16]

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.

[17] 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.

[18] 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.

[19] 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; "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"

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