Aeschines sets the stage to his prosecution, against Timarchus, by reading out laws and putting them into some context. He points out that there are laws to protect a free-born child or free-born woman from “any person [who] acts as pander”. (Aeschines (14) So both free born women and children are not to indulge others in distasteful acts. There are laws that allow people who are outraged, whether “a child, or a man or woman, or any one, free or slave” to prosecute the person who has wronged them. (Aeschines, 115-17) This allows Aeschines to prosecute Timarchus since he claims to have not only been outraged by his actions.
Also he broke some the laws that prohibits him from holding public office and addressing the people because he has prostituted his person. (Aeschines, 921) There is a law that protects fathers and mothers from the neglect of their children, specifically in the case where the child “fails to support or provide a home for [his parents]. (Aeschines, 928) He affirms that if a child does not take care of his parents and does not show the appropriate respect then what should the polis and citizens expect of that child when it comes to other households and the Polis. After looking at laws, Aeschines turns to the character of Timarchus.
He addresses past acts of Timarchus and talks about rumors that have been going around. When men would entertain friends in their Symposium, they would use their most desirable slaves, bring their hetairai and hire flute-girls as entertainment. (Murray, p. 24-25) Aeschines accuses Timarchus of feeding off the generosity of his friends because he did not pay for supers and gambled the money of others. Supposedly, that stood for payments for his prostituting himself. He also “keeps the most expensive flute-girls and prostitutes” for himself. (Aeschines, 9 75) This is disrespectful and disgraceful to hosts.
Furthermore, Timarchus was left a big heritage, never the less he supposedly “did not hesitate, but submitted to” Misgolas. (Aeschines 41-42) For Aeschines, Timarchus has submitted “because he is a slave to his most shameful lusts, to gluttony… , to flute-girls and harlots”. (Aeschines, 942) Those are badly perceived actions from a well born free citizen man. Not only is Timarchus submitting to his lusts but he is also supposedly submitting sexually which effeminates him. Timarchus relationship who go beyond eros and into pronos, do so because he accepts gifts that are too expensive, that look to be a payment for a sexual relationship.
He is giving back by doing the one thing that is deeply frowned up, being penetrated like a women and lacking restrain. Women are portrayed as subordinated especially in sexual relationship since they are the ones being penetrated. (Dover, p. 65). Him submitting to having anal sexual relationships make him lose his rank as a male citizen, to the rank of a women and foreigner. (Dover, p. 66-67). Also Aeschines draws the attention of the jury to the fact that Timarchus lusts and desires are driving him to have such relationships.
Women have desires that lead them to enjoy sexual relationships while eros relationships should not be based on desire for the eromenos. (Dover, p. 66) Though, the erastes is consumed with sexual passion for the eromenos, there should be no penetration since they are both equals. Aeschines compares the relationship that Timarchus had with that of Patroclus and Achilles. The relationship between Patroclus and Achilles is one of eros. Achilles loved Patroclus and undertook to take care of him while in the battle of Troy. He is deeply affected by the death of Patroclus and choses to avenge him and die rather than live until old age.
They shared a pure and virtuous relationship. (Aeschines, 142-152) It is a distinction that Aeschines tries to draw with the relationships that Timarchus had. The former is of purity and the latter are of prostitution since they are based in lust and enjoyment. Aeschines brings forth some examples of the impure relationships. Timarchus was living off the riches of Hegesandrus. The later married a heiress but all his “resources had been wasted and gambled away and eaten up”. (Aeschines, 995) Now without someone to live off, Timarchus could no longer rely on them or his good looks.
It forced him to live off his patrimony, which he spent and devastated supposedly at the expense of his lust. He sold all his slaves, one of which was “a woman skilled in flax-working”. (Aeschines, 9 97) She would have been of some value since she could sale her produced goods on the market and bring money. However, he still sold those slaves and property because he seemed to have needed to money right away to fill his lustful needs. He even went as far as to sale his property in Alopeke, with little regard for his mother’s pleading. (Aeschines, 999)
That house was where the family burial was situated, probably, for several generations. Murray, p. 12) His selling the house was not only disrespectful to the family tradition but it showed how he had little respect for his family’s heritage. Aeschines is insinuating that because he “has mismanaged his own household [he] will handle the affairs of the city in like manner”. (Aeschines, 9 30) He is leading the jury to believe that if he cannot protect and respect his heritage he will surely not protect the interest of the city. Aeschines reminds the jury that when Timarchus was in a position of power, he had no scruples abusing his privileges.
When he was the magistrate of Andros he treated “the wives of free men … [with] such licentiousness”. (Aeschines, 1 107) Not only would that be considered hubris, but Aeschines used this allegation to show that “if a man at Athens not only abuses other people, but even his own body, … who would expect that same man, when he had received impunity and authority and office, to have placed any limit on his license”. (Aeschines, (108) Aeschines uses this logic to circle back to the fact that not only is he abusing his power but he has abused his body because of lust felt for men like Hegesandrus. When Hegesandrus was the reasurer of the funds of the goddess, both he and Timarchus were accused of stealing money by Pamphilus. Pamphilus believed that Timarchus was in a sexual relationship with Hegesandrus. Therefore, he called Timarchus a woman since he believed that he would have been the one being penetrated. All because he was supposedly taking money in exchange for sex. Hegesandrus was also called a woman in the past for having been with Laodamas. (Aeschines, 1 110-111)
Timarchus was effeminate because being penetrated in ancient Greek culture was viewed as a female act of submission done out a lust and without restrain. Dover, p. 65) This brought Aeschines back to his point that Timarchus was abusing his body since he was a free citizen man and demeaning himself to the level of a citizen woman and foreigner by selling his body. By acting in such a way it puts in doubt is loyalty to the Polis and the interest of the people with his inability to restrain from lustful acts. (Aeschines, 129) He also used those allegations as a way to effeminate Timarchus and discrediting his position in the Polis. Aeschines is trying to show that Hegesandrus should not be trusted just like Timarchus.
Hegesandrus took an oath and swore on the gods that he would not take a bribe and take charge of the prosecution of Philotades. However, he did take a bribe and spent the money on his mistress, Philoxene, and abandoned the case. (Aeschines, 1 114-115) Whereas, in contrast, Aeschines pleas with the gods and goddesses to be able to continue with his speech as he has planned. (Aeschines, 1 116) This shows that he is not above the gods and seeks their help to finish what he should while Hegesandrus does not regard the gods enough to hold an oath to be an honest citizen and finish a case.
To show the manipulative character of Demosthenes, Aeschines addresses a time when Demosthenes was “hunting rich young fellows whose fathers were dead, and whose mothers were administering their property”. (Aeschines, 9 170) Since the young fellow was not experienced and the household was ill-managed by a woman, Demosthenes seduced Aristarchus, the young man, and used him to live off his money. (Aeschines, 9 171) By discrediting Hegesandrus and Demosthenes, Aeschines is also discrediting Timarchus.
They are of the same character as Timarchus, ready to live off the riches of others by selling themselves only having their best interest in mind and not that of the polis. After Aeschines demonstrate that Timarchus is not fit for having a position in public office, he moves on to the punishments he should receive for his crimes against the Polis. Aeschines uses women as a way of finding an appropriate punishment for Timarchus. Women who are adulteress are not only treated with disgrace but also beaten and mistreated in public to make them despair and contemplate suicide. Aeschines, 1 183)
Timarchus is characterized as an adulterer, who like a woman, cannot resist his desires and lust and has committed hubris against himself. Because of the extent of his crime Aeschines believed he should be punished. Since Timarchus has fallen for lust like a women he should be punished like one. (Aeschines, (185) Aeschines brings up the story of the daughter who was not chaste and once she was found out was walled off into a house with a horse to die. (Aeschines, 182) Not only was she excluded from the rest of the world, but she was put to death which is what Aeschines feel is the right punishment for Timarchus.
He is an adulterer, has committed crimes against his body and has brought himself and his family shame. To Aeschines he only deserves to be put to death or at least to be excluded from any position of power (Aeschines, 9 21) Not only would he not be able to contain his desires but because of them he would never be able to make a good and just decision. He would never be impartial and maintain the well-being of the polis. He will falter to bribes and his lust. Since he lacks restrain, like a woman, he should not be trusted in a position that require a lot of a man.