The case of Drink is now complete. I proceed to state my own. Let my time be taken.
Just. What will the defendant have to say to that, I wonder? Give her the same time allowance.
Acad. Nothing, gentlemen of the jury, could sound more plausible than the arguments advanced by my learned friend on her client’s behalf. And yet, if you will give me your favourable attention, I shall convince you that the plaintiff has suffered no wrong at my hands. This Polemon, whom plaintiff claims as her servant, so far from having any natural connexion with her, is one whose excellent parts entitle him to claim kinship and affinity with myself. He was still a boy, his powers were yet unformed, when plaintiff, aided and abetted by Pleasure — ever her partner in crime — seized upon him, and delivered him over into the clutches of debauchery and dissipation, under whose corrupt influence the unfortunate young man utterly lost all sense of shame. Those very facts that plaintiff supposed to be so many arguments in her favour will be found, on the contrary, to make for my own case. From early morning (as my learned friend has just observed) did the misguided Polemon, with aching head and garlanded, stagger through the open market to the noise of flutes, never sober, brawling with all he met; a reproach to his ancestors and his city, a laughing-stock to foreigners. One day he reached my door. He found it open: I was discoursing to a company of my disciples, as is my wont, upon virtue and temperance. He stood there, with the flute-girl at his side and the garlands on his head, and sought at first to drown our conversation with his noisy outcry. But we paid no heed to him, and little by little our words produced a sobering effect, for Drink had not entire possession of him: he bade the flute-girl cease, tore off his garlands, and looked with shame at his luxurious dress. Like one waking from deep sleep, he saw himself as he was, and repented of his past life; the flush of drunkenness faded and vanished from his cheek, and was succeeded by a blush of shame; at last, not (as plaintiff would have you believe) in response to any invitation of mine, nor under any compulsion, but of his own free will, and in the conviction of my superiority, he renounced his former mistress there and then, and entered my service. Bring him into court. You shall see for yourselves, gentlemen, what he has become under my treatment. Behold that Polemon whom I found drunk, unable to speak or stand upright, an object of ridicule: I turned him from his evil ways; I taught him sobriety; and I present him to you, no longer a slave, but a decent and orderly citizen, a credit to his nation. In conclusion let me say that the change I have wrought in him has won me the gratitude not only of Polemon himself but of all his friends. Which of us has been the more profitable companion for him, it is now for the jury to decide.
Her. Come, gentlemen, get up and give your votes. There is no time to be lost; we have other cases coming on.
Just. Academy wins, by six votes to one.
Her. I am not surprised to find that Drink has one adherent. Jurors in the case of Porch v. Pleasure re Dionysius take their seats! The lady of the frescoes [Footnote: See Poecile in Notes.] may begin; her time is noted.
Porch. I am not ignorant, gentlemen, of the attractions of my adversary. I see how your eyes turn in her direction; she has your smiles, I your contempt, because my hair is close-cropped, and my expression stern and masculine. Yet if you will give me a fair hearing, I fear her not; for justice is on my side. Nay, it is with these same meretricious attractions of hers that my accusation is concerned: it was by her specious appearance that she beguiled the virtuous Dionysius, my lover, and drew him to herself. The present case is in fact closely allied with that of Drink and the Academy, with which your colleagues have just dealt. The question now before you is this: are men to live the lives of swine, wallowing in voluptuousness, with never a high or noble thought: or are they to set virtue above enjoyment, and follow the dictates of freedom and philosophy, fearing not to grapple with pain, nor seeking the degrading service of pleasure, as though happiness were to be found in a pot of honey or a cake of figs? These are the baits my adversary throws out for fools, and toil the bugbear with which she frightens them: her artifices seldom fail; and among her victims is this unfortunate whom she has constrained to rebel against my authority. She had to wait till she found him on a sick-bed; never while he was himself would he have listened to her proposals. Yet what right have I to complain? She spares not even the Gods; she impugns the wisdom of Providence; she is guilty of blasphemy; you have a double penalty to impose, if you would be wise. I hear that she has not even been at the pains of preparing a defence: Epicurus is to speak for her! She does not stand upon ceremony with you, gentlemen. — Ask her what Heracles would have been, what your own Theseus would have been, if they had listened to the voice of pleasure, and shrunk back from toil: their toils were the only check upon wickedness, which else must have overrun the whole Earth. And now I have done; I am no lover of long speeches. Yet if my adversary would consent to answer a few questions, her worthlessness would soon appear. Let me remind you, gentlemen, of your oath: give your votes in accordance with that oath, and believe not Epicurus, when he tells you that the Gods take no thought for the things of Earth.
Her. Stand down, madam. Epicurus will now speak on behalf of pleasure.
Epi. I shall not detain you long, gentlemen of the jury; there is no occasion for me to do so. If it were true, as the plaintiff asserts, that Dionysius was her lover, and that my client by means of drugs or incantations had constrained him to withdraw his affections from the plaintiff and transfer them to herself, — if this were true, then my client might fairly be accused of witchcraft, nor could her wicked practices upon her rival’s admirers escape condemnation. On the other hand, if a free citizen of a free state, deciding for himself in a matter where the law is silent, takes a violent aversion to this lady’s person, concludes that the blessedness with which she promises to crown his labours is neither more nor less than moonshine, and accordingly makes the best of his way out of her labyrinthine maze of argument into the attractive arms of Pleasure, bursts the bonds of verbal subtlety, exchanges credulity for common sense, and pronounces, with great justice, that toil is toilsome, and that pleasure is pleasant, — I ask, is this shipwrecked mariner to be excluded from the calm haven of his desire, and hurled back headlong into a sea of toil? is this poor suppliant at the altar of Mercy — in other words of Pleasure — is he to be delivered over into the power of perplexity, — and all on the chance that his hot climb up the steep hill of Virtue may be rewarded with a glimpse of that celebrated lady on the top, and his life of toil followed by a hereafter of happiness? We could scarcely ask for a better judge of the matter than Dionysius himself. He was as familiar with the Stoic doctrines as any man, and held at one time that virtue was the only Good: but he presently discovered that toil was an evil: he then chose what seemed to him the better course. He would no doubt observe that those philosophers who had so much to say on the subject of patience and endurance under toil were secretly the servants of Pleasure, carefully abiding by her laws in their own homes, though they made so free with her name in their discourses. They cannot bear to be detected in any relaxation, or any departure from their principles: but, poor men, they lead a Tantalus life of it in consequence, and when they do get a chance of sinning without being found out, they drink down pleasure by the bucketful. Depend on it, if some one would make them a present of Gyges’s ring of invisibility, or Hades’s cap, they would cut the acquaintance of toil without further ceremony, and elbow their way into the presence of Pleasure; they would all be Dionysiuses then. As long as Dionysius was well, he thought that there was some good in all this talk about endurance; but when he fell ill, and found out what pain really was, he perceived that his body was of another school than the Porch, and held quite other tenets: he was converted, realized that he was flesh and blood, and from that day ceased to behave as if he were made of marble; he knew now that the man who talks nonsense about the iniquity of pleasure
But toys with words: his thoughts are bent elsewhither.
And now, gentleme
n, I leave you to your vote.
Porch. Not yet! Let me ask him a few questions.
Epi. Yes? I am ready.
Porch. You hold toil to be an evil?
Epi. I do.
Porch. And pleasure a good?
Epi. Unquestionably.
Porch. Do you recognize the distinction between differentia and indifferentia? between praeposita and rejecta?
Epi. Why, certainly.
Her. Madam, this discussion must cease; the jury say they do not understand word-chopping. They will now give their votes.
Porch. Ah; I should have won, if I could have tried him with my third figure of self-evidents.
Just. Who wins?
Her. Unanimous verdict for Pleasure.
Porch. I appeal to Zeus.
Just. By all means. Next case, Hermes.
Her. Luxury v. Virtue, re Aristippus; Aristippus must appear 23 in person.
Vir. I ought to speak first. Aristippus is mine; his words and his deeds alike proclaim him mine.
Lux. On the contrary, any one who will observe his garlands and his purple robes and his perfumes will agree that he is mine.
Just. Peace! This suit must stand over, until Zeus has decided the appeal re Dionysius. The cases are similar. If Porch wins her appeal, Aristippus shall be adjudged to Virtue: if not, Luxury must have him. Bring the next case. By the way, those jurors must not have their fee; they have not earned it.
Her. So the poor old gentlemen have climbed up all this way for nothing!
Just. Well, they must be content with a third. Now go away, all of you, and don’t be cross; you shall have another chance.
Her. Diogenes of Sinope wanted! Bank, it is for you to speak. 24
Diog. Look here, Madam Justice, if she doesn’t stop bothering, I shall have assault and battery to answer for before long, instead of desertion; my stick is ready.
Just. What is the meaning of this? Bank has run away, and Diogenes after her, with his stick raised. Poor Bank! I am afraid she will be roughly handled. Call Pyrrho.
Her. Here is Painting, but Pyrrho has never come u I knew how it would be.
Just. And what was his reason?
Her. He holds that there is no such thing as a true decision.
Just. Then judgement goes against him by default. Now for the Syrian advocate. The indictments were only filed a day or two ago; there was no such hurry. However — . We will first take the case in which Rhetoric is plaintiff. How people crowd in to hear it!
Her. Just so: the case has not had time to get stale, you see; it has the charm of novelty, the indictment, as you say, having only been filed yesterday. The prospect, too, of hearing the Syrian defend himself against two such plaintiffs as Rhetoric and Dialogue, one after the other, is a great attraction. Well, Rhetoric, when are you going to begin?
Rhet. Before all things, men of Athens, I pray the Gods that you may listen to me throughout this trial with feelings not less warm than those that I have ever entertained towards my country and towards each one of you, my countrymen. And if, further, I pray them so to dispose your hearts that you will suffer me to conduct my case in accordance with my original intention and design, without interruption from my adversary, I shall be asking no more than justice. When I listen to the defendant’s words, and then reflect upon the treatment I have received from him, I know not how I am to reconcile the two. You will presently find him holding a language scarcely distinguishable from my own: yet examine into his conduct, and you will see, from the lengths to which he has already gone, that I am justified in taking steps to prevent his going yet further. But enough of preamble: I am wasting time that might be better employed in accusing my adversary.
Gentlemen, the defendant was no more than a boy — he still spoke with his native accent, and might at any moment have exhibited himself in the garb of an Assyrian — when I found him wandering up and down Ionia, at a loss for employment. I took him in hand; I gave him an education; and, convinced of his capabilities and of his devotion to me (for he was my very humble servant in those days, and had no admiration to spare for any one else), I turned my back upon the many suitors who sought my hand, upon the wealthy, the brilliant and the high-born, and betrothed myself to this monster of ingratitude; upon this obscure pauper boy I bestowed the rich dowry of my surpassing eloquence, brought him to be enrolled among my own people, and made him my fellow citizen, to the bitter mortification of his unsuccessful rivals. When he formed the resolution of travelling, in order to make his good fortune known to the world, I did not remain behind: I accompanied him everywhere, from city to city, shedding my lustre upon him, and clothing him in honour and renown. Of our travels in Greece and Ionia, I say nothing: he expressed a wish to visit Italy: I sailed the Ionian Sea with him, and attended him even as far as Gaul, scattering plenty in his path.
For a long time he consulted my wishes in everything, was unfailing in his attendance upon me, and never passed a night away from my side. But no sooner had he secured an adequate provision, no sooner did he consider his reputation established, than his countenance changed towards me: he assumed a haughty air, and neglected, nay, utterly abandoned me; having conceived a violent affection for the bearded old person yonder, whom you may know from his dress to be Dialogue, and who passes for a son of Philosophy. With this Dialogue, in spite of the disparity of age, he is now living; and is not ashamed to clip the wings of free, high-soaring eloquence, and submit himself to the comedian’s fetters of bald question and answer. He, whose thoughts should have found utterance in thundering oratory, is content to weave a puny network of conversation. Such things may draw a smile from his audience, a nod, an unimpassioned wave of the hand, a murmur of approbation: they can never hope to evoke the deafening uproar of universal applause. And this, gentlemen, is the fascination under which he looks coldly upon me; I commend his taste! They say, indeed, that he is not on the best of terms even with his beloved Dialogue; apparently I am not the only victim of his overweening pride. Does not such ingratitude as this render him liable to the penalties imposed by the marriage-laws? He leaves me, his lawful wife, to whom he is indebted alike for wealth and reputation, leaves me to neglect, and goes off in pursuit of novelty; and that, at a time when all eyes are turned upon me, when all men write me their protectress. I hold out against the entreaties of countless suitors: they knock, and my doors remain closed to them; they call loudly upon my name, but I scorn their empty clamours, and answer them not. All is in vain: he will not return to me, nor withdraw his eyes from this new love. In Heaven’s name, what does he expect to get from him? what has Dialogue but his cloak?
In conclusion, gentlemen: should he attempt to employ my art in his defence, suffer him not thus unscrupulously to sharpen my own sword against me; bid him defend himself, if he can, with the weapons of his adored Dialogue.
Her. Now there, madam, you are unreasonable: how can he possibly make a dialogue of it all by himself? No, no; let him deliver a regular speech, just the same as other people.
Syrian. In view, gentlemen, of the indignation that plaintiff has expressed at the idea of my employing her gift of eloquence in order to maintain my cause at large, I shall confine myself to a brief and summary refutation of her charges, and shall then leave the whole matter to your discernment.
Gentlemen, all that the plaintiff has said is true. She educated me; she bore me company in my travels; she made a Greek of me. She has each of these claims to a husband’s gratitude. I have now to give my reasons for abandoning her, and cultivating the acquaintance of Dialogue: and, believe me, no motive of self- interest shall induce me to misrepresent the facts. I found, then, that the discreet bearing, the seemly dress, which had distinguished her in the days of her union with the illustrious demesman of Paeania [Footnote: Demosthenes.], were now thrown aside: I saw her tricked out and bedizened, rouged and painted like a courtesan. My suspicions were aroused, and I began to watch the direction of her eyes. To make a long story short, our street was nightly infested wit
h the serenades of her tipsy gallants, some of whom, not content with knocking at our doors, threw aside all restraint, and forced their way into the house. These attentions amused and delighted my wife: she was commonly to be seen leaning over the parapet and listening to the loose ditties that were bawled up from below; and when she thought she was unobserved, she would even open the door, and admit the gallant to her shameless embraces. Such things were not to be endured: I was loth to bring her into the divorce-court, and accordingly sought the hospitality of Dialogue, who was my near neighbour.
Such, gentlemen, are the grievous wrongs that plaintiff has suffered at my hands. Even had the provocation I have described been wanting, my age (I was then nearly forty years old) called upon me to withdraw from the turmoil of the law-courts, and suffer the ‘gentlemen of the jury’ to rest in peace. Tyrants enough had been arraigned, princes enough been eulogized: it was time to retreat to the walks of Academy or the Lyceum, there to enjoy, in the delightful society of Dialogue, that tranquil discourse which aims not at noisy acclamations. I might say much more, but I forbear: you, gentlemen, will give your votes in accordance with the dictates of conscience. Just. Who wins?
Delphi Complete Works of Lucian Page 36