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BOM'S CLASSICAL LIBRARY, 
 
 DEMOSTHENES. 
 
 VOL. V. 
 
LONDON : 
 
 R, CCAT, SON, AND TAYLOR, PRINTERS, 
 BRKAD STREET HILL 
 
ANTIQUE BUST. 
 
THE 
 
 ORATIONS 
 
 DEMOSTHENES 
 
 / / 
 
 MACARTATUS, LEOCHARES, STEPHANUS I. 
 STEPHANUS II. EUERGUS AND MNESIBULUS, OLYMPIODORUS, 
 
 TIMOTHEUS, POLYCLES, CALLIPPUS, NICOSTRATUS, CONON, 
 CALLICLES, DIONYSODORUS, EUBULIDES, THEOCRINES, NE/ERA, 
 
 AND FOR THE NAVAL CROWN ; 
 
 THE FUNERAL ORATION; THE EROTIC ORATION, OR PANEGYRIC 
 UPON EPICRATES; EXORDIA; THE KPISTLKS 
 
 BY 
 
 CHAELES RANK KENNEDY. 
 
 l-'<>i'iniiiii tlif [''iftli ami fin/i'hiilinii I'uliinii' nf the Works of Me 
 
 LONDON : 
 
 HENRY G. BOHN, YORK STREET, COVENT GARDEN. 
 
 18G3. 
 
Jlv\ 
 
 VAT. 
 
CONTENTS. 
 
 ORATIONS : 
 
 PAGE 
 
 Against Macartatua 1 
 
 Against Leocliares 26 
 
 Against Stepkanus 1 43 
 
 Against Stephanus II 68 
 
 Against Euergus and Mnesibulus 76 
 
 Against Olympiodorus 100 
 
 Against Timotheus . 113 
 
 Against Polycles 130 
 
 For the Naval Crown 147 
 
 Against Callippus 152 
 
 Against Nicostratu.s 160 
 
 Against Conou 169 
 
 Against Collides 180 
 
 Agaiust Dionysodorus 187 
 
 Against Eubulides . 199 
 
 Against Tneoerines . . . 217 
 
 Against Nesora 237 
 
 The Funeral Oration 274 
 
 The Erotic' Oration, or Panegyric upon Epicrates .... 287 
 
 EXOUDIA 301 
 
 KIMSTJJ-;S I. Concerning Concord 338 
 
 II. Concerning his own Return 342 
 
 III. Concerning the Sons of Lyeurgus 347 
 
 IV. In Reply to the Calumnies of Theramenes . . . 356 
 V. To Heracleodorus, concerning the Reports of bis 
 
 Conduct towards Epitimus 
 
 VI. To the Council and 1'e^ple of Athens ..... 35 ( J 
 
 61G012 
 
THE 
 
 OBATIONS OF DEMOSTHENES 
 
 THE ORATION AGAINST MACARTATUS. 
 
 THE AEQUMBNT. 
 
 THIS speech was delivered by Sositheus on behalf of his son Eubulides, 
 a minor, in a suit brought to recover an estate from the defendant 
 Macartatus. The estate in question was left by one Hagnias, who 
 having died without children, Phylomache, the daughter of his first 
 cousin Eubulides, claimed his inheritance as nearest of kin, and, 
 being at the time married to Sositheus, prosecuted her claim through 
 her husband in the usual way before the Archon. Her title was 
 disputed by Glaucus and Glaucon, who claimed under an alleged 
 will of Hagnias. A trial took place ; the will was thought not to be 
 genuine, and the estate was adjudged to Phylomache. After this 
 however a new claim was preferred by Theopompus, a second cousin 
 of Hagnias, who seems to have founded his title upon two grounds. 
 First he alleged, that Eubulides, the father of Phylomache, was first 
 cousin to Hagnias by the half-blood only, his mother having been 
 only half-sister to the father of Hagnias; and therefore he did 
 not impede the descent to a second cousin by the whole blood. 
 Secondly, he relied upon the law, cited in this oration, which gave a 
 preference to males and the issue of males; he himself being de- 
 scended from the common ancestor (the great grandfather) purely 
 through males, while Phylomache was obliged to trace her descent 
 through a female, namely Phylomache, her grandmother. In answer 
 to the latter argument it was urged, that the preference of males 
 only applied when the parties traced their descent to the same com- 
 mon ancestor; and that Phylomache, who was first cousin once 
 removed to Hagnias, was descended from his grandfather, whereas 
 Theopompus was descended from his great grandfather, and was not 
 entitled to inherit according to the Attic law, until both the paternal 
 and maternal relatives within the third degree were exhausted. We 
 do not know how this point was decided ; for the first objection to 
 Phylomache's title, which, as Sositheus says, took him by surprise, 
 prevailed with the court, and the verdict was accordingly given for 
 Theopompus. 
 
 VOL. V. B 
 
... 
 
 2 THE ORATIONS OF DEMOSTHENES. 
 
 It is stated also by Sositheus, that Theopompus was materially assisted 
 in the trial by Glaucus and Glaucon and a certain other party, all of 
 whom appeared as independent claimants, and pretended to be acting 
 on their own account, but really played into the hands of Theopom- 
 pus. How the Athenian law enabled such collusion to be practised 
 upon the trial of an inheritance suit, has been partly shown in 
 Volume IV. Appendix VI. page 365 ; and the reader may compare 
 what is said hi Isaeus, De Hagnice Heroditate, page 86, Bekker's 
 edition. 
 
 Theopompus, having thus gained the estate, remained in possession 
 until his death, which happened many years after, and was succeeded 
 by his son Macartatus. A five years' quiet possession would have 
 conferred upon Macartatus an indefeasible title : but within the five 
 years a claim was preferred against him on behalf of Eubulides, the 
 second son of Sositheus and Phylomache. Sositheus, having given to 
 this son the name of his maternal grandfather, had introduced him 
 to the grandfather's clan, and made him (as far as he could do so 
 legally) the grandfather's son by adoption, in order that he might 
 oecome, in point of law, a first cousin once removed to Hagnias, 
 whose inheritance was in dispute. Macartatus is then cited before 
 the Archon, to defend his title against the young Eubulides ; a court 
 is held to try the question de novo ; and Sositheus conducts the case 
 of his son, as he had before conducted that of his wife. 
 
 The present claim is put substantially on the same ground as that of 
 Phylomache, the plaintiff making title as the child (son by adoption) 
 of Eubulides, first cousin of Hagnias. Sositheus takes care this 
 time to provide himself with evidence to show that Phylomache, 
 mother of his father-in-law Eubulides, was sister by the whole blood 
 to the father of Hagnias. On the other side doubtless the same 
 grounds of opposition were taken as before ; but, in addition to 
 these, we may collect as well from the argument of the present 
 plaintiff, as from that in the case of Leochares which follows, that the 
 legality of the proceeding, by which the young Eubulides was trans- 
 ferred to the clan and house of his maternal grandfather, would be 
 disputed by Macartatus, on the ground that an adoption could only 
 be effected by the grandfather himself in his lifetime. Sositheus 
 indeed declares, that his father-in-law had desired and intended in 
 his lifetime to adopt a child of his daughter, and that he himself had 
 only carried that intention into effect. It is probable however, that 
 a mere wish or intention to adopt, not followed by any act of the 
 adopting father in his lifetime or by any testamentary direction, 
 would be wholly inoperative in point of law ; and if so, Macartatus 
 would contend, that the proceeding of Sositheus was a nullity, his 
 object having been to obtain a new trial by substituting the son for 
 the mother, whose claim was barred by the former verdict. 
 
 For an explanation of the law upon the whole of this subject, the reader 
 is referred to Article Heres in the Archaeological Dictionary, and the 
 authorities there cited. He should peruse also the oration of Isaeus 
 " On the estate of Hagnias," which relates to the same subject 
 matter, though the parties to the cause are different. After Theo- 
 pompus, the father of Macartatus, has recovered the estate from 
 
AGAINST MACARTATUS. 3 
 
 Phylomache, a demand is made upon him for a moiety of it in behalf 
 of his deceased brother's son; who being an infant, his guardian 
 prefers an impeachment against Theopompus for defrauding him. 
 Isaeus wrote the speech for the defence, which, we may conclude, 
 was successful. 
 
 A table of descent is annexed, containing the principal persons referred 
 to in the case. 
 
 II! 
 
4: THE ORATIONS OF DEMOSTHENES. 
 
 SINCE we have had trials, men of the jury, with these same 
 parties on former occasions for the estate of Hagnias, and 
 they persist in their violent and lawless conduct, endeavouring 
 by every possible means to keep possession of what does not 
 belong to them, it is perhaps necessary to explain to you 
 everything that has taken place from the beginning : for you, 
 men of the jury, will thus more easily follow the whole argu- 
 ment, and these persons will be exhibited in their true 
 characters, and you will see that they have been for a long 
 time playing tricks and are playing them still, and imagine 
 they may do whatever comes into their head. We therefore 
 beseech you, men of the jury, to give us a favourable hearing, 
 and to follow our statement with attention. I will endeavour 
 on my part to give you the fullest possible information on the 
 subject. 
 
 The mother of this boy, men of the jury, being the nearest 
 of kin to Hagnias of GEum, got the estate of Hagnias to be 
 adjudged to her according to your laws : and not one of the 
 adverse claimants of this estate ventured to swear that he was 
 nearer of kin than the lady, (for it was admitted on all hands 
 that by birth she was entitled to the inheritance ;) but a false 
 will had been concocted by Glaucus of GEum, and Glaucon, 
 his brother, and Theopompus, father of the defendant Macar- 
 tatus, who assisted in getting up the whole case for them, and 
 was their witness in most of the depositions that were put in. 
 The will which they then produced was proved to be false ; 
 and they not only lost the cause, but went out of court with 
 a deep stain upon their character. And Theopompus, father 
 of the defendant Macartatus, was in the city, when the crier 
 asked " if any one wished to make a claim to the estate of 
 Hagnias, either by descent or under a will, or to deposit 
 security for the costs of such claim j " yet he did not venture 
 to make any deposit, but gave judgment against himself, that 
 he had no title whatever to the estate of Hagnias. The 
 mother of this boy thus became possessed of the estate, having 
 prevailed in the court of justice against all who disputed her 
 title. Yet such is the brutality of these persons ; so deter- 
 mined were they not to obey your laws or abide by a judicial 
 decision, but rather to use every possible means to deprive 
 her again of the estate which you adjudged to her; they 
 conspired together, and entered into an agreement which they 
 
AGAINST MACARTATUS. 5 
 
 deposited with Medeus of Hagnus the parties to the con- 
 spiracy being Theopompus, father of the defendant Macartatus, 
 Glaucus, and Glaucon, who lost the former trial ; and they 
 had associated a fourth person with them, an acquaintance of 
 their own, whose name was Eupolemus all these persons, I 
 say, in pursuance of their plot, cited the lady before the 
 archon to try the title to the estate of Hagnias, saying that 
 the law prescribed that, whoever wished to make a claim 
 should cite the party who had obtained an adjudication and 
 was in possession of the estate. And when the archon brought 
 the cause into court, and the trial was to come on, they had 
 got everything nicely arranged for the trial, and (among 
 other things) the water allowed them for their speeches was 
 four times as much as ours. For the archon, men of the jury, 
 was obliged to pour nine gallons of water into the glass for 
 each of the claimants, and a fourth of that quantity for the 
 second speech ; so that I, who conducted the cause for the 
 lady, was not only unable to explain the relationship and 
 other important points as I could have wished to the jury, 
 but found it impossible to answer the smallest fraction of the 
 lies which they told against us ; for I had only a fifth part of 
 the water. And this was the contrivance ; that they should 
 co-operate with each other and agree in everything, and that 
 they should misrepresent our case entirely. In this manner 
 they plotted and acted in concert together against us ; and 
 there being four ballot-boxes produced according to law, the 
 jurors (very naturally, as it seems to me), were deceived and 
 divided in opinion, and under mistake, owing to this intrigue, 
 they voted each of them at hap-hazard ; and there were about 
 three or four more balls in the box of Theopompus than in 
 the box of the lady. 
 
 Such were the proceedings at that time, men of the jury. 
 After the birth of this child, when I thought the season had 
 arrived, not feeling any resentment at what had occurred, 
 but considering that the former jury had fallen into a natural 
 mistake, I introduced this boy, Eubulides, to the clansmen 
 of Hagnias, as he was the son of his daughter, in order that 
 his family might not become extinct. For, men of the jury, 
 it was the dearest wish of the former Eubulides, who was 
 nearest of kin to Haguias, that a son might be born to him, 
 as a daughter had been, namely the mother of this boy : but, 
 
t) THE ORATIONS OF DEMOSTHENES. 
 
 since that wish was not accomplished, and he had no male 
 issue, the next object of his anxiety was, that a son of his 
 daughter should be adopted by him into his own family and 
 that of Hagnias, and be introduced to his clansmen ; for he 
 considered, men of the jury, that of all his surviving relatives 
 his daughter's son was the nearest to him, and that this would 
 be the best means of preserving his house and preventing its 
 extinction. And I, who had married the daughter of Eubu- 
 lides, (she having been adjudged to me as next of kin,) per- 
 formed this service for him : I introduced this boy to the 
 clansmen of Hagnias and Eubulides, of whose community 
 Theopompus, the father of the defendant Macartatus, was a 
 member in his lifetime, and Macartatus himself is a member 
 also. And the fellow-clansmen of Macartatus, men of the 
 jury, who thoroughly knew the pedigree of the family, seeing 
 that he himself did not choose to run any risk, and did not 
 remove the victim from the altar, as if this boy were not 
 rightfully introduced, but required them to commit perjury, 
 took the ballot-balls while the victims were burning, carrying 
 them from the altar of Jupiter Phratrius in the presence of 
 the defendant Macartatus, and passed a just vote, men of the 
 jury, namely, that this boy was properly and rightfully intro- 
 duced as the adopted son of Eubulides into the family of 
 Hagnias. The clansmen of the defendant Macartatus having 
 passed such resolution, this boy, being the son of Eubulides, 
 cited Macartatus to try the title to the estate of Hagnias, and 
 got a day appointed before the archon, putting his brother's 
 name on the record as guardian ; for I, men of the jury, could 
 no longer be nominated as guardian, having transferred the 
 child by adoption into the family of Eubulides. And the 
 citation was made by this boy according to the same law, 
 under which these men cited his mother, who had before suc- 
 ceeded in the court, and was in possession of the estate of 
 Hagnias. 
 
 Now read me the law, which directs that the party who is 
 in possession of the inheritance shall be cited. 
 
 THE LAW. 
 
 " If any person shall claim the inheritance or the heiress 
 after adjudication, let him cite the party who has obtained 
 the adjudication before the archon, in the same manner as in 
 
AGAINST MACARTATUS. 7 
 
 other suits : and the claimant shall make a deposit for costs, 
 and if the estate shall be adjudged to him without citation, 
 the adjudication shall be of no effect. And if the person who 
 has had the estate adjudged to him is not alive, let him cite 
 in like manner the successor, if his time of prescription has 
 not expired : and the question to be tried by the archon shall 
 be, on what grounds the person whose property he possesses 
 obtained the adjudication." 
 
 You have heard the law, and I make one reasonable request 
 to you, men of the jury. If I show that this boy, Eubulides, 
 and Phylomache, who is mother to the boy, and daughter of 
 Eubulides, are nearer of kin to Hagnias than Theopompus, 
 the father of Macartatus, and not only that they are the 
 nearest of kin, but that there is no person at all belonging to 
 the house of Hagnias, except the mother of this boy and the 
 boy himself if I can establish this, I entreat you, men of 
 the jury, to give me redress. 
 
 I intended at first, men of the jury, to write the whole 
 pedigree of the family of Hagnias on a board, and thus to 
 exhibit every particular before you ; but then I thought that 
 all the jurors would not have an equally good view, for those 
 who sat at a distance would not have the benefit of it ; so 
 perhaps it is necessary to explain it to you by word of mouth, 
 which you will all comprehend. I will do my best to describe 
 to you the genealogy of Hagnias in as short a compass as 
 possible. 
 
 Buselus, men of the jury, was a member of the township of 
 CEum, and he had five sons, Hagnias and Eubulides and Stratius 
 and Habron andCleocritus. And all these sons of Buselus grew 
 up to manhood, and their father Buselus divided his property 
 among them all fairly and equitably, as it became him to do. 
 Having partitioned the estate among them, each of the sons 
 married a wife according to the Athenian laws, and they had 
 all sons born to them and grandsons, and five families sprang 
 up out of the single family of Buselus, and they dwelt 
 apart, each managing his own family and bringing up his 
 own offspring. 
 
 Concerning three of these brothers, sons of Buselus, and 
 their descendants, I need not trouble either you, men of the 
 jury, or myself with any particulars. Although they stand 
 in the same degree with Theopompus, and are as near of kin 
 
8 THE ORATIONS OF DEMOSTHENES. 
 
 to Hagnias, whose inheritance is in question, not one of them 
 has ever troubled us, either now or at an earlier period ; not 
 one has made any claim either to the estate of Hagnias, or to 
 the heiress, who was assigned in marriage to me ; for they 
 considered that they had no title to anything belonging to 
 Hagnias. It seems therefore to me, that it would be super- 
 fluous to say anything about them, except what is absolutely 
 necessary to mention. Of Theopompus however, the father 
 of Macartatus. and of Macartatus, the defendant himself, it is 
 necessary for me to speak. What I have to say, men of the 
 jury, will be brief. 
 
 You have just heard that Buselus had five sons. One of 
 these was Stratius, the ancestor of the defendant Macartatus, 
 and another was Hagnias, the ancestor of this boy. Hagnias 
 had a son Polemo, and a daughter Phylomache, sister of 
 Polemo both by the father's and the mother's side. Stratius, 
 the brother of Hagnias, had issue, Phanostrate, and Chari- 
 demus, the grandfather of the defendant Macartatus. Now 
 I ask you, men of the jury, which is nearer of kin and more 
 closely related to Hagnias his son Polemo, and his daughter 
 Phylomache, or Charidemus, the son of Stratius, and nephew 
 of Hagnias ? I think for my part, that a son and daughter 
 are more closely related to every one of us than a nephew ; 
 and this is not only not a received opinion with us, but with 
 all the rest of mankind, whether Greeks or barbarians. As 
 this then is acknowledged, you will easily follow the rest of 
 the argument, men of the jury, and you will see the reckless 
 audacity of our opponents. 
 
 Polemo, the son of Hagnias, had a son Hagnias, bearing 
 the name of his grandfather Hagnias. And this second 
 Hagnias died without issue. Phylomache, Polemo's sister, 
 and Philagrus, to whom her brother Polemo gave her in 
 marriage, he being his first cousin, (for Philagrus was son to 
 Eubulides, the brother of Hagnias,) they, Philagrus, the 
 cousin of Polemo, and Phylomache, the sister of Polemo, had 
 a son Eubulides, the father of this boy's mother. These then 
 were the sons of Polemo and Polemo's sister Phylomache. 
 To Charidemus, the son of Stratius, there was born a son, 
 Theopompus, the father of the defendant Macartatus. 
 
 Now again I ask you, men of the jury which is nearer of 
 kin and more closely related to the first Hagnias Hagnias, 
 
AGAIXST MACARTATUS. 9 
 
 the son of Polemo, and Eubulides, the son of Phylomache and 
 Philagrus, or Theopompus, the son of Charidemus, and grand- 
 son of Stratius 1 It appears to me, men of the jury, if the 
 son and the daughter are the nearest relations, that again the 
 son's son and the daughter's son are more nearly related than 
 the son of the nephew, and a child of another branch of the 
 family. 
 
 Well : to Theopompus was born a son, Macartatus, the 
 defendant. To Eubulides, the son of Phylomache, and first 
 cousin of Hagnias, was born this boy, who, in respect of 
 Eubulides, his father by adoption, is son of a first cousin, by the 
 father's side, 1 to Hagnias ; since Phylomache, the mother of 
 Eubulides, and Polemo,the father of Hagnias, were brother and 
 sister both by the father's and the mother's side. To Macar- 
 tatus, the defendant, the son of Theopompus, there has been 
 no issue who is both in the family of Hagnias and that of 
 Stratius. Such being the facts, this boy has one of the titles 
 mentioned in the law, and to which the law allows the right 
 of succession to extend ; for he is first cousin once removed 
 to Hagnias; for his father Eubulides was first cousin to 
 Hagnias, whose inheritance is in question. On the other 
 hand, Theopompus, father of the defendant Macartatus, 
 cannot give hiin any of the titles mentioned in the law ; for 
 he belonged to a different branch of the family, namely, that 
 of Stratius. But it is not proper, men of the jury, for any 
 person to possess the estate of Hagnias, who belongs to a dif- 
 ferent branch of the family, as long as there remains any 
 person who sprang from the branch of Hagnias ; nor is it 
 proper to expel such person by violence, which these men are 
 attempting to do, they being more distantly related, and not 
 in the same branch of the family. For this, men of the jury, 
 is the point upon which Theopompus, father of the defendant 
 Macartatus, misled the jury. Who then are remaining? 
 They who are still in the family of Hagnias, namely, my wife 
 Phylomache, who was daughter of Eubulides, the first cousin 
 of Hagnias, and this boy, who has been introduced into the 
 family of Eubulides and Hagnias. Theopompus however, 
 the father of the defendant Macartatus, not being of the 
 family of Hagnias, told a huge falsehood to the jury concern- 
 ing Phylomache, the sister of Polemo, and aunt of Hagnias, 
 1 With reference to Polemo. See 1063, line 22. 
 
10 THE ORATIONS OF DEMOSTHENES. 
 
 saying that she was not sister of Polemo, the son of Hagnias, 
 both by the father's and the mother's side ; and another false- 
 hood, in pretending that he was of the same family with 
 Hagnias, when he never belonged to it. All this Theopompus 
 asserted fearlessly, without producing any witness, who would 
 have been responsible to us, but leaving his associates to con- 
 firm what he said ; for they co-operated together, and took all 
 measures in concert, in order to deprive the lady, the mother 
 of this boy, of the estate which you had decided to be hers. 
 
 I desire, men of the jury, to call witnesses to the facts 
 which I have stated to you, first to prove that Phylomache, 
 the daughter of Eubulides, obtained judgment for the estate 
 of Hagnias, as being the next of kin, and then to establish 
 the rest of the facts. Eead the deposition : 
 
 THE DEPOSITION. 
 
 " The deponents say, that they were before the arbitrator 
 in the archonship of Nicophemus, when Phylomache, the 
 daughter of Eubulides, obtained judgment for the estate of 
 Hagnias against all who disputed her title." 
 
 That Phylomache, the daughter of Eubulides, obtained 
 judgment for the estate of Hagnias, you have heard, men of 
 the jury. And she obtained it not by any iniquitous con- 
 trivance or conspiracy, but in the fairest possible manner, by 
 showing that she was nearest of kin to Hagnias, whose in- 
 heritance is in question, being daughter of his first cousin by 
 the father's side, and being of the same branch of the family 
 with Hagnias. When Macartatus therefore says, that his 
 father Theopompus obtained judgment for this estate, reply 
 to him yourselves, men of the jury, that the lady also 
 obtained judgment before his father Theopompus, and that 
 the lady won the cause fairly, being of the same branch 
 of the family as Hagnias, being daughter of Eubulides, the 
 first cousin of Hagnias, whereas Theopompus did not win the 
 cause, but cheated her out of it, he being of an entirely dif- 
 ferent branch from Hagnias. Make this reply to him your- 
 selves, men of the jury ; and further, that neither Theopompus, 
 the father of Macartatus, nor any one else ever got a judgment 
 against this boy Eubulides, the son of .Eubulides, and first 
 cousin once removed by the father's side to Hagnias, whose 
 inheritance is in question. The trial and the contest for the 
 
AGAINST MAOABTATUS. 11 
 
 estate of Hagnias are now between this son of Eubulides on 
 the one side, and this Macartatus, the son of Theopompus, 
 on the other; and whichever of the two parties shall in 
 your opinion make out a case most consonant to law and 
 justice, that party, it is plain, you jurors will support. 
 
 Read the remaining depositions ; first, those to prove that 
 Phylomache, the aunt of Hagnias, was sister both by the 
 father's and the mother's side to Polemo, the father of 
 Hagnias : after that, he shall read all the other depositions 
 concerning the pedigree. 
 
 DEPOSITIONS. 
 
 " The deponents say, that they are members of the same 
 township with Philagrus, the father of Eubulides, and Polemo, 
 the father of Hagnias, and they know that Phylomache, the 
 mother of Eubulides, was reputed to be the sister of Polemo, 
 the father of Hagnias, both by the father's and the mother's 
 side, and they never heard from any one that Polemo, the 
 son of Hagnias, had a brother." 
 
 ANOTHER DEPOSITION. 
 
 " The deponents say, that (Euanthe, the mother of their 
 grandfather Stratonides, was first cousin to Polemo, the 
 father of Hagnias, their fathers having been brothers, and 
 they heard from their father, that Polemo, the father of 
 Hagnias, never had any brother, but had a sister by the 
 father's and the mother's side, namely, Phylomache, the 
 mother of Eubulides, the father of Phylomache wife of 
 Sositheus." 
 
 ANOTHER DEPOSITION. 
 
 " The deponent says, that he is a relation and fellow-clans- 
 man and fellow-townsman of Hagnias and Eubulides, and he 
 heard from his father and his other relations, that Polemo, 
 the father of Hagnias, never had any brother, but he .had a 
 sister by the father's and the mother's side, namely, Phylo- 
 mache, the mother of Eubulides, the father of Phylomache 
 wife of Sositheus." 
 
 ANOTHER DEPOSITION. 
 
 " The deponent says, that Archilochus was his grandfather 
 and adopted him as son, and that he was a kinsman of Polemo, 
 the father of Hagnias, and he heard from Archilochus and 
 
12 THE ORATIONS OF DEMOSTHENES. 
 
 his other relations, that Polemo, the father of Hagnias, never 
 had any brother, but had a sister by the same father and the 
 same mother, namely, Phylomache, the mother of Eubulides, 
 the father of Phylomache wife of Sositheus." 
 
 ANOTHER DEPOSITION. 
 
 " The deponent says, that his wife's father Callistratus was 
 first cousin to Polemo, the father of Hagnias, and to Chari- 
 demus, the father of Theopompus, their three respective 
 fathers having been brothers, and that his mother was 
 daughter of a first cousin of Polemo, and that their mother 
 often said to them, that Phylomache, the mother of Eubulides, 
 was sister of Polemo, the father of Hagnias, both by the 
 father's and the mother's side, and that Polemo, the father of 
 Hagnias, never had any brother." 
 
 On the former occasion, men of the jury, when these men 
 entered into a conspiracy, and united to carry on a joint-case 
 against the lady, we, men of the jury, neither prepared depo- 
 sitions nor called witnesses to establish a fact that was not 
 in controversy, but supposed that upon this point we were 
 perfectly safe. Our opponents scrupled not to employ every 
 kind of artifice to win the trial, and had no other thought 
 but to deceive the jury for the moment : they asserted, that 
 Polemo, the father of Hagnias, had no sister at all by the 
 father's and the mother's side; such was their abominable 
 Impudence, to mislead the jury upon a matter so important 
 and so notorious ! and they exerted all their efforts to 
 establish this assertion. We however to-day have produced 
 all these witnesses before you concerning the sister of Polemo 
 and aunt of Hagnias. Let any one that likes give evidence 
 for the defendant, either that Polemo and Phylomache were 
 not brother and sister by the same father and the same 
 mother ; or that Polemo was not the son, and Phylomache 
 not the daughter, of Hagnias the son of Buselus ; or that 
 Polemo was not the father of Hagnias, whose inheritauce is 
 in question, and Polemo's sister Phylomache not his aunt ; 
 or that Eubulides was not the son of Phylomache, or of 
 Philagrus, the cousin of Hagnias; or again, that the still 
 living Phylomache is not the daughter of Eubulides, the first 
 cousin of Hagnias, and this boy not his son, having been 
 adopted according to your laws into the family of Eubulides ; 
 
AGAINST MACARTATUS. 13 
 
 or that Theopompus, the father of the defendant Macartatus, 
 was of the same branch as Hagnias. Let any one give testi- 
 mony for him to any of these points. But I am sure, no 
 mortal will be so hardy or so desperate. 
 
 Now, men of the jury, let me make it clear to you, that 
 on the former occasion they got the better of us by their 
 impudence, without having a word to say on the merits of 
 the case. Read the rest of the depositions : 
 
 DEPOSITIONS 
 
 " The deponent says, that he is a relation of Polemo, the 
 father of Hagnias, and he heard from his father, that Phila- 
 grus, the father of Eubulides, and Phanostrate, the daughter 
 of Stratius, and Callistratus, the father of the wife of Sosi- 
 theus, and Euctemon, who was king-archon, and Charidemus, 
 the father of Theopompus and Stratocles, were first cousins 
 to Polemo, being children of fathers who were brothers, and 
 that Eubulides stood in the same degree of relationship to 
 the sons of Charidemus and to Hagnias, with reference to his 
 father Philagrus, but that, with reference to his mother 
 Phylomache, Eubulides was reputed to be first cousin to 
 Hagnias, being his father's nephew, and son of the paternal 
 aunt of Hagnias." 
 
 ANOTHER DEPOSITION. 
 
 " The deponents say, that they are of kin to Polemo, the 
 father of Hagnias, and to Philagrus, the father of Eubulides, 
 and to Euctemon, who was king-archon, and they know that 
 Euctemon was brother by the same father to Philagrus, the 
 father of Eubulides ; and that, when the citation was given 
 by Eubulides to try the title to the estate of Hagnias, 
 Euctemon was still living, being first cousin to Polemo, the 
 father of Hagnias, their fathers having been brothers, and 
 that Euctemon did not contest the title to the estate of 
 Hagnias with Eubulides, nor did any one else advance a 
 claim by descent at that time." 
 
 ANOTHER DEPOSITION. 
 
 " The deponents say, that their father Straton was of kin 
 to Polemo, the father of Hagnias, and to Charidemus, the 
 father of Theopompus, and to Philagrus, the father of 
 Eubulides, and they heard from their father, that Philagrus 
 
14 THE ORATIONS OP DEMOSTHENES. 
 
 took for his first wife Phylomache, sister of Polemo, the 
 father of Hagnias, both by the father's and the mother's side, 
 and that Philagrus had by Phylomache a son Eubulides, and 
 that, after the death of Phylomache, Philagrus took a second 
 wife, Telesippe, and that there was born a brother to Eubu- 
 lides, but by the father's side only, named Menestheus ; and 
 that, when Eubulides claimed the estate of Hagnias by descent, 
 Menestheus put in no claim to the estate of Hagnias, nor did 
 Euctemon, the brother of Philagrus, nor did any other person 
 claim title by descent in opposition to Eubulides at that 
 time." 
 
 ANOTHER DEPOSITION. 
 
 " The deponent says, that his father Archimachus was of 
 kin to Polemo, the father of Hagnias, and to Charidemus, 
 the father of Theopompus, and to Philagrus, the father of 
 Eubulides, and he heard from his father, that Philagrus took 
 for his first wife Phylomache, sister by the same father and 
 the same mother to Polemo, the father of Hagnias, and that 
 there was issue by Phylomache, namely Eubulides, and that, 
 after the death of Phylomache, Philagrus took a second wife, 
 Telesippe, and that Philagrus had by Telesippe a son 
 Menestheus, brother to Eubulides by the same father, but 
 not by the same mother ; and that, when Eubulides claimed 
 the estate of Hagnias by descent, Menestheus put in no claim 
 to the estate, nor did Euctemon, the brother of Philagrus, 
 nor did any other person claim title by descent in opposition 
 to Eubulides at that time." 
 
 ANOTHER DEPOSITION. 
 
 " The deponent says, that Callistratus, his mother's father, 
 was brother to Euctemon, who was king-archon, and to 
 Philagrus, the father of Eubulides, and that they were first 
 cousins to Polemo, the father of Hagnias, and to Charidemus, 
 the father of Theopompus, and he heard from his mother, 
 that Polemo, the father of Hagnias, had no brother, but had 
 a sister by both the father's and the mother's side, named 
 Phylomache, and that Philagrus married this Phylomache, 
 and they had a son Eubulides, the father of Phylomache wife 
 of Sositheus." 
 
 It was a matter of necessity to read these depositions, men 
 of the jury, in order that we might not suffer the same mis- 
 
AGAINST MACARTATUS. 15 
 
 fortune as before, and be taken by these persons unprepared. 
 But the defendant Macartatus shall give testimony against 
 himself, and prove far more clearly than I have proved 
 already, that neither his father Theopompus nor himself has 
 the least title to inherit anything from Hagnias, Theopompus 
 being in a degree further removed, and in an entirely different 
 branch of the family. For suppose he were asked, men of the 
 jury, as follows " Who is the party who disputes the title of 
 this boy to the estate of Hagnias ? " Of course he would say, 
 "Macartatus." "Who is his father?" "Theopompus." 
 " Who is his mother ? " " The daughter of Apolexis, of the 
 Prospaltian township, and sister of Macartatus of the same 
 township." " And of whom was Theopompus the son ? " 
 "Of Charidemus." "And of whom was Charidemus the son ?" 
 "Of Stratius." "And of whom was Stratius ?" "Of 
 Buselus." This, men of the jury, is the branch of Stratius, 
 one of the sons of Buselus, and these are the descendants of 
 Stratius, whose names you have heard ; and here does not 
 occur a single one of the names belonging to the family of 
 Hagnias, no, nor even one that is similar. Now again, let 
 me interrogate this boy " Who are you, that contest with 
 Macartatus the right to the estate of Hagnias ? " The boy 
 has no other possible answer, men of the jury, but this "I 
 am Eubulides." " Of whom the son 1 " " Of Eubulides, the 
 first cousin of Hagnias."" By what mother ? " " By Phylo- 
 mache, who was daughter of a first cousin by the father's side 
 to Hagnias." " Of whom was Eubulides the son?" "Of 
 Philagrus, the cousin of Hagnias." " By what mother 1 " 
 " By Phylomache, the aunt of Hagnias." " And of whom 
 was Hagnias the son ? " " Of Polemo." " And of whom was 
 Polemo 1 " " Of Hagnias." " And of whom was Hagnias ? " 
 " Of Buselus." This is another branch, that of Hagnias, 
 one of the sons of Buselus, and here we find no name what- 
 ever of the descendants of Stratius, neither the same name, 
 nor any similar ; but they go on in a course of their own in the 
 family of Hagnias, receiving names from one another. Thus 
 in every way, and in every point of view, their case is dis- 
 proved ; it is shown that they came from another branch of 
 the family, and are in a degree further removed, and that 
 they are not entitled to inherit any of the property of Hag- 
 nias. That you may see, to what persons the legislator gives 
 
16 THE ORATIONS OF DEMOSTHENES. 
 
 the right of succession and inheritance, he shall read you these 
 laws : 
 
 THE LAWS. 
 
 " Whenever any one dies without having made a will, if he 
 leaves female children, his property shall be taken together 
 with them ; if not, the persons herein mentioned shall be 
 entitled to the property. If there are brothers by the same 
 father, and if there are children of brothers lawfully born, 
 the latter shall take the share of the father. If there are no 
 brothers or children of brothers, the next of kin shall take in 
 like manner : and males and the issue of males shall have 
 preference, if they are from the same ancestor, even though 
 in degree further removed. If there are no relatives on 
 the father's side within the degree of children of cousin's 
 children, the relatives of the intestate on the mother's side 
 shall inherit in like manner. But if there shall be no relative 
 either on the father's or the mother's side within the degree 
 aforesaid, the nearest of kin on the father's side shall inherit. 
 And no illegitimate child, either male or female, shall have 
 succession to any rights either sacred or civil, from the time 
 of the archonship of Euclides." 
 
 The law, men of the jury, expressly declares to what persons 
 the inheritance shall go not (by heavens !) to Theopompus, 
 nor to Macartatus, the son of Theopompus, who are not at 
 all in the family of Hagnias but to whom then does it give 
 the inheritance 1 to the descendants of Hagnias, who are in 
 his Ibranch of the family. This is what the law says, and 
 this is in accordance with justice. 
 
 And, men of the jury, while the legislator has given these 
 rights to the relatives, he has not omitted to impose by the 
 law a great number of duties, the performance of which by 
 the relatives is made compulsory. There are a great number 
 of obligations which he lays upon the relatives, and he allows 
 no excuse, but they must of necessity be performed. How- 
 ever, read the law itself. Take the first. 
 
 THE LAW. 
 
 " With respect to those heiresses who are in the class of 
 Thetes, if the next of kin does not choose to marry one, let 
 him give her in marriage with a portion, if he be of the 
 class of Pentacosiomedimni, with a portion of five hundred 
 
AGAINST MACARTATUS. 17 
 
 drachms, if of the class of Knights, with a portion of three 
 hundred, if of the class of Zeugitse, with a hundred and fifty, 
 in addition to what she has of her own. If there be several 
 in the same degree of consanguinity, each of them shall give 
 a marriage gift to the heiress rateably. If the heiresses be 
 more than one, it shall not be necessary for the kindred to 
 give in marriage more than one, but the nearest of kin shall 
 be bound either to give her in marriage or marry her himself. 
 And if the nearest of kin will not marry her, or give her in 
 marriage, let the archon compel him either to marry her him- 
 self or give her in marriage. If the archon neglects to compel 
 him, he shall incur a penalty of a thousand drachms payable 
 to Juno. And any person that chooses may prefer an infor- 
 mation to the archon against any one who disobeys this law." 
 You hear what the law says, men of the jury. When it 
 became necessary to claim the hand of the heiress Phylomache, 
 the mother of this boy, and whose father was the first cousin 
 of Hagnias, I came forward out of respect for the law and 
 preferred my suit, as being the nearest of kin; bat Theo- 
 pompus, the father of Macartatus, never made his appearance 
 or preferred any claim, because he had no manner of title, 
 although he was a person of the same age. How strange you 
 must think it, men of the jury, that Theopompus never made 
 a claim to the hand of the heiress, whose father was first 
 cousin to Hagnias, and yet should demand the estate of 
 Hagnias contrary to the laws ! Could there be persons more 
 impudent and brutal than these 1 JSTow read the other laws. 1 
 
 THE LAWS. 
 
 " Proclamation shall be made to the homicide in the market- 
 place by all the relatives within the degree of cousin and 
 cousinship, and cousins and children of cousins and sons-in- 
 law and fathers-in-law and clansmen shall jointly prosecute. 
 And if there be a question of condonation, if there be a father, 
 or brother, or sons, they shall all join in the condonation, or 
 any one who opposes it shall prevail. And if there be none 
 of these, and the homicide was accidental, and the Fifty- 
 one shall declare that the homicide was accidental, let the 
 clansmen, ten in number, pronounce the condonation, if they 
 think proper ; and let these be chosen by the Fifty-one from the 
 1 See vol. iii. Appendix 8, pp. 332, 333, Arch. Diet, title *6vos. 
 
 VOL. V. C 
 
18 THE ORATIONS OF DEMOSTHENES. 
 
 ^ost distinguished members of the clan. And this statute shall 
 apply to persons who have committed homicide before the 
 passing thereof. And when any persons die in the townships, 
 and no one takes them. up for burial, let the demarch give 
 notice to the relations to take them up and bury them, and 
 to purify the township on the day on which each of them dies. 
 And respecting slaves he shall give notice to the master, and 
 respecting freemen to those who are in possession of their 
 property, and if the deceased has no property, he shall give 
 notice to the relations of the deceased. And if, after the 
 demarch has given notice, the relations shall not remove the 
 body, let the demarch contract to have it removed and in- 
 terred and to have the township purified on the same day, at 
 the least possible expense ; and if he shall not so contract, he 
 shall incur a penalty of a thousand drachms to the public 
 treasury. And whatever money he shall expend, he shall 
 receive the double thereof from the parties liable ; and if he 
 shall not receive it, he shall be bound to repay it himself to 
 the members of the township. And those persons who do not 
 pay the rents, which are owing for lands of the Goddess and 
 the other deities and the heroes, shall be disfranchised, they 
 and their family and their heirs, until such rents are paid." 
 
 All these duties, which the laws impose upon the relations, 
 they impose upon us, and compel us to perform them, men 
 of the jury. To Macartatus the defendant they do not 
 address a word, nor to Theopompus his father ; for they do 
 not belong at all to the family of Hagnias : how then can the 
 laws impose any obligations on them ? 
 
 But the defendant, men of the jury, though he has not the 
 shadow of an argument to urge against the laws and the 
 depositions which we produce, talks about hardship, and says 
 he is cruelly treated, because he is trying the cause after his 
 father's death. He does not reflect, men of the jury, that his 
 father was a mortal, and has departed this life with many 
 other persons both younger and older than himself. How- 
 ever, if Theopompus the defendant's father is dead, the laws 
 are not dead, nor is justice dead, nor are the jurors who have 
 to give the verdict. The present contest and issue are not 
 whether one man has died before or after another, but whether 
 it is proper or not that the kinsmen of Hagnias, who are 
 cousins and cousins' children to Hagnias on the father's side, 
 
AGAINST MACARTATUS. 19 
 
 should be expelled from the family of Hagnias by persons who 
 belong to the family of Stratius, and who have no manner of 
 right to inherit the property of Hagnias, but are in a degree 
 of relationship farther removed. This is the question now 
 at issue. 
 
 You will see still more clearly, men of the jury, from the 
 law which I am about to cite to you, that your legislator 
 Solon is very careful respecting the members of the family, 
 and not only gives to the relations what is left by the deceased, 
 but also imposes on them all the onerous obligations. Read 
 the law. 
 
 THE LAW. 1 
 
 "They shall lay out the deceased in the house, in what 
 manner they think fit. And they shall carry out the deceased 
 to burial the day after they have laid him out, before the 
 sun rises. And the men shall walk before, when they carry 
 him out, and the women behind. And it shall not be lawful 
 for any woman under sixty years of age, to enter into the 
 chamber of the deceased, or to follow the corpse when it is 
 carried to the tomb, except those who are within the degree 
 of cousin's children ; nor shall it be lawful for any woman to 
 enter into the chamber of the deceased, when the body is 
 carried out, except those who are within the degree of cousin's 
 children." 
 
 It does not allow any woman besides the relations within 
 the degree of cousinship to enter the room where the deceased 
 lies, and it allows these same women to follow- to the grave. 
 Now Phylomache, the sister of Polemo, the father of Hagnias, 
 was not cousin to Hagnias, but aunt ; for she was sister to 
 Polemo, the father of Hagnias. Eubulides, the son of this 
 woman, was first cousin by the father's side to Hagnias, whose 
 inheritance is in question. And the mother of this boy was 
 the daughter of Eubulides. These female relatives the law 
 commands both to be present at the laying out of the 
 deceased and to follow him to the grave ; but it does not 
 command the mother of Macartatus, nor the wife of Theo- 
 pompus ; for they are no way related to Hagnias, but were 
 of a different tribe, the Acamantian, and of a different town- 
 ship, that of Prospalta, so that they did not even get intelli- 
 gence when Haguias was dead. These men therefore are seek- 
 1 See the Charicles, Excursus on the Burials. 
 c2 
 
20 THE ORATIONS OF DEMOSTHENES. 
 
 ing to bring about a most outrageous result namely, that 
 we and the women of our family were obliged to inherit the 
 corpse of Hagnias when he died, and to perform all the last 
 offices, as relations and next of kin ; but that Macartatus is 
 to be held entitled to the estate of the deceased Hagnias, 
 although he is descended from the house of Stratius, and his 
 mother was daughter of Apolexis the Prospaltian, and sister 
 of Macartatus. But this is neither just nor righteous, men 
 of the jury. 
 
 Now read me the extract from the oracle of Apollo, brought 
 from Delphi that you may see that its language concerning 
 the relations agrees with the laws of Solon : 
 
 THE ORACLE. 
 
 "Good fortune unto you. The people of Athens inquire 
 about the sign which has appeared in the heavens, desiring to 
 know what the Athenians should do, or to what God they 
 should offer sacrifice or prayer, in order that the sign may 
 turn to their advantage. It is expedient for the Athenians, 
 with reference to the sign which has appeared in the heavens, 
 that they should sacrifice with happy auspices to Jupiter 
 the supreme, to Minerva the supreme, to Hercules, to Apollo 
 the preserver ; and that they should send to the Amphictyons, 
 to sacrifice for good fortune to Apollo the street-god, to 
 Latona, to Diana ; and that they should make a sweet savour 
 in the streets, and set up the wine-bowl, and perform dances, 
 and wear garlands according to the custom of the country, in 
 honour of all the Olympian Gods and Goddesses, lifting up the 
 right hand and the left, and should not forget to offer gifts 
 according to hereditary custom : and it is meet that ye offer 
 sacrifice and gifts according to the custom of the country to 
 your hero-founder, from whom ye derive your name ; and 
 that honours should be paid to the manes of the departed on 
 the proper day by the relations according to received usage." 
 
 You hear, men of the jury, that Solon in the laws and the 
 God in the oracle speak the same language, commanding the 
 relations to perform sacred rites to the departed on the 
 proper days. But Theopompus and the defendant Macartatus 
 did not trouble themselves with these matters : all they care 
 for is, to possess what does not belong to them, and to com- 
 plain that, after they have for a long time had possession of 
 
AGAINST MAOARTATUS. 21 
 
 the estate, they are now trying the title to it. I should have 
 thought, men of the jury, that a person keeping possession of 
 another man's property ought not to complain that he had 
 kept it longer than he was entitled, but to be thankful not to 
 us, but to fortune, that so many inevitable delays had inter- 
 vened, to postpone the trial of the question until now. 
 
 Such is the disposition of these persons, men of the jury ; 
 and they don ; t care in the least either for the extinction of 
 the house of Hagnias, or for the rest of their lawless conduct. 
 O Jupiter ! ye Gods ! What need to mention other things 
 about them ? It would be too long to mention all. But one 
 thing which they have done is in the highest degree illegal 
 and brutal, and affords the most perfect evidence that they 
 care for nothing but gratifying their covetousness. No sooner 
 had Theopompus obtained judgment for the estate of Hagnias 
 in the manner that you have heard, than he gave proof that 
 in his own opinion he had got what did not belong to him. 
 The most valuable thing upon the grounds of Hagnias, which 
 was most admired by the neighbours and by other people, 
 was the plantation of olives : these they dug up by the roots, 
 more than a thousand trees, which yielded a very large 
 quantity of oil : after rooting them up, they sold them, and 
 got a considerable sum of money. And this they did when 
 -the estate of Hagnias was still subject to dispute, according 
 to the very law by virtue of which they had cited this boy's 
 another. 
 
 To prove the truth of my statement that these men rooted 
 up the olives from the land which Hagnias left I will call 
 as witnesses before you the neighbours, and some other 
 persons whom we got to attend when we made our protest in 
 the matter. Bead the deposition. 
 
 THE DEPOSITION. 
 
 41 The deponents say, that at the invitation of Sositheus they 
 went with him to Araphen to the land of Hagnias, after 
 Theopompus had had the estate of Hagnias adjudged to him, 
 and that Sositheus showed them the olive trees being rooted 
 up from the land of Hagnias." 
 
 If this proceeding, men of the jury, were only an outrage 
 upon the deceased, their conduct was shameful, though in a 
 less degree : but, in point of fact, they have committed thereby 
 
22 THE ORATIONS OP DEMOSTHENES. 
 
 a breach of law and an outrage upon the whole commonwealth. 
 You will see, when you have heard the law. Read the law : 
 
 THE LAW. 
 
 " If any man shall dig up an olive tree at Athens, unless 
 for a sacrifice of the Athenian state or of one of the town- 
 ships, or for his own use to the number of two olive trees 
 every year, unless it be necessary to use it for the burial of 
 a deceased person, he shall incur a penalty of a hundred 
 drachms to the public treasury for every such olive tree. 
 And the tenth part of such penalty shall belong to the God- 
 dess. And he shall be liable also to pay to the individual 
 who prosecutes him a hundred drachms for every such olive 
 tree. And the proceedings for any such offence shall be taken 
 before the archons l for those offences over which they have 
 jurisdiction respectively. And the prosecutor shall be bound 
 to pay the court fees appertaining to him. And whensoever 
 any person shall be condemned, the archon, before whom 
 the cause was heard, shall make a return to the collectors of 
 such penalty as accrues to the public treasury, and to the 
 treasurer of the Goddess of such penalty as accrues to the 
 Goddess. And if the archons neglect to make such return, 
 they shall be liable themselves to pay the amount." 
 
 The law is thus stringent. Reflect in your minds, men of 
 the jury : consider what we must have suffered formerly from 
 these persons and their insolence, when they have treated 
 you, so great a people, and your laws with contempt, and have 
 done what the laws expressly forbid them to do, thus con- 
 temptuously ravaging the land which Hagnias left. The 
 law forbids a man to remove such things even out of his own 
 land inherited from his father. Much they care either about 
 obeying your laws, or preventing the extinction of the family 
 of Hagnias. 
 
 I am desirous, men of the jury, to say a few words to you 
 now about myself, and to show you that I have made pro- 
 vision, in a very different way from these persons, to prevent 
 the extinction of the family of Hagnias. For I myself too 
 
 1 The chief archon would have jurisdiction where the offence was 
 committed upon land of which the inheritance was disputed : the king- 
 archon, where the trees were on consecrated land: the polemarch, 
 when the offender was an alien. 
 
 From the notes of Eeiske and Pabst. 
 
AGAINST MACARTATUS. 23 
 
 am of the race of Buselus. The grand-daughter of Habron, 
 son of Buselus, was married to Callistratus, who was the son 
 of Eubulides, and grandson of Buselus ; and they, the grand- 
 daughter of Habron and Callistratus, nephew of Habron, 
 were the parents of my mother. I, men of the jury, having 
 obtained the hand of this boy's mother by legal adjudication, 
 and having had four sons and one daughter born to me, gave 
 my sons the following names : to the eldest I gave my 
 father's name, Sosias ; it was right that I should do so, and 
 accordingly I gave to the eldest the name to which he was 
 entitled : to my second born I gave the name of Eubulides, 
 which belonged to the father of this boy's mother : to the 
 third I gave that of Menestheus ; for Menestheus was a kins- 
 man of my wife : and to the youngest I gave the name of 
 Callistratus, which was that of my mother's father. In addi- 
 tion to this, I did not give my daughter in marriage to a 
 stranger, but to my own brother's son, so that, if they lived 
 and had their health, their children also might be of the kindred 
 of Hagnias. Such were the measures which I adopted, in 
 order that the families descended from Buselus might in the 
 fullest possible way be preserved. Let us inquire further into 
 the conduct of our opponents : and first of all read this law : 
 
 THE LAW. 
 
 " Let the archon take charge of orphans and heiresses and 
 families which are in danger of becoming extinct, and of such 
 women as remain in the houses of their deceased husbands 
 under the plea of pregnancy. Let him take charge of these 
 persons, and not suffer any one to do any outrage to them. 
 And if any one shall commit any outrage or illegal act against 
 them, the archon is hereby empowered to impose a fine upon 
 such person within the limit allowed by law. 1 And if it 
 shall seem to him that the person so offending merits a higher 
 punishment, let him cite such person, giving him five days' 
 notice, before the court of Helisea, and let him superscribe 
 the indictment with such penalty as he thinks fit, and let 
 him bring it to be tried before the said court. And if such 
 person shall be convicted, let the court of Heliaea determine 
 what penalty he ought to suffer or to pay." 
 
 How could any people take more effective measures to 
 i See Meier & Schomann, Att. Proc. p. 34. 
 
24: THE ORATIONS OF DEMOSTHENES. 
 
 render a family extinct, than by doing what these men do 
 when they strive to expel from the family the nearest relatives 
 of Hagnias, they themselves being of another branch, that of 
 Stratius ? and again, when the defendant claims to possess 
 the estate of Hagnias, as being his relation by blood, and yet 
 the name, which he bears, is not only not derived from the 
 family of Hagnias, but belongs not even to that of Stratius, 
 his ancestor? Why, he has not the name of any of the 
 descendants of Buselus, numerous as they are. Whence then 
 does he get his name of Macartatus? From his mother's 
 relations. For he was adopted into the house of Macartatus 
 of Prospalta, his maternal uncle, and he has the property of 
 that house also. 1 And so outrageous is his conduct, that, 
 when a son was born to him, he forgot to introduce him into 
 the family of Hagnias, so as to make him son to Hagnias, 
 although he was in possession of the estate of Hagnias, and 
 although he claims relationship to Hagnias by male descent. 
 This son, who was born to him, Macartatus has transferred, by 
 the adoption of his maternal kinsman, to the Prospaltians, 2 and 
 has suffered the family of Hagnias to become extinct, as far 
 as the child is concerned j while he pretends that his father 
 Theopompus stood in the proper degree of relationship to 
 Hagnias. The law of Solon declares that males and the issue 
 of males shall have the preference ; and yet the defendant 
 has thus slighted and 'set at nought both Hagnias and the 
 laws of Athens, and has transferred his son by adoption into 
 his maternal family. Could any persons be more lawless and 
 audacious than these ? 
 
 But this is not all, men of the jury. There is a place of 
 sepulture common to all the descendants of Buselus; it is 
 called the burial-ground of the Buselidse ; a large piece of 
 ground enclosed, according to the ancient usage. In this 
 ground lie all the descendants of Buselus, and, among them, 
 Hagnias and Eubulides and Polemo ; in short, all the rela- 
 tions, of whom there are a great number, whose common 
 ancestor was Buselus ; all of them have their place of burial 
 here. But the father of the defendant Macartatus and his 
 grandfather have had nothing to do with this burial-ground j 
 
 1 Pabst renders it differently : " gehb'rt dieser familie an." 
 
 2 This explains what is said, ante (p. 9) that Macartatus had no 
 issue who was in the family of Hagnias. 
 
AGAINST MACARTATUS. 25 
 
 they made a separate tomb for themselves, at a little distance 
 from that of the Buselidse. Do they appear to you, men of 
 the jury, to belong to the family of Hagnias in any way, except 
 this, that they have seized and usurped what does not belong to 
 them 1 Whether the house of Hagnias and that of Eubulides, 
 the first cousin of Hagnias, will become extinct and without 
 a name, has never troubled them in the slightest degree. 
 
 I for my part, men of the jury, am doing all that lies in 
 my power to vindicate the rights of those deceased relatives ; 
 though it is by no means easy to contend against the intrigues 
 of these persons. I therefore deliver this boy into your 
 hands, men of the jury, that you may protect him in such 
 manner as you deem most just. He has been transferred by 
 adoption into the house of Eubulides, and has been introduced 
 to the clansmen, not to mine, but to those of Eubulides and 
 Hagnias and Macartatus. And, when he was introduced, the 
 rest of the clansmen gave their vote secretly, but Macartatus, 
 the defendant, gave his vote openly, declaring that this boy 
 was rightly introduced as the son of Eubulides ; for he did 
 not choose to lay his hand upon the victim or to remove it 
 from the altar, and so render himself responsible ; nay he 
 received his portion of the flesh from this boy and took it 
 away with him, as the other clansmen did. Consider this 
 boy, men of the jury, as the sacred emblem of supplication, 
 produced on behalf of the deceased Hagnias and Eubulides 
 and the other descendants of Hagnias : consider that they 
 are petitioning you the jurors not to let their house be deso- 
 lated by these odious monsters, who are of the house of 
 Stratius, and never came from that of Hagnias. Do not permit 
 them to keep what is not rightfully theirs, but compel them to 
 restore it to the house of Hagnias for the benefit of his rela- 
 tions. I am thus vindicating the rights of those deceased 
 persons and the laws established on their behalf, and I pray 
 you, men of the jury, I beseech and implore you do not 
 suffer this boy to be maltreated by his opponents do not 
 suffer his ancestors to be insulted still more grossly than ^ev 
 have been already ; as will be the case, if these men accom- 
 plish their objects. Rather give your aid to the laws, and 
 take thought for the dead, that their house may not become 
 desolate. By so acting, you will give that verdict which 
 justice and your oaths and your own interests require. 
 
26 THE ORATIONS OP DEMOSTHENES. 
 
 THE ORATION AGAINST LEOCHARES. 
 
 THE ARGUMENT. 
 
 ARCHIADES of Otryne died without issue, leaving his brother, Midylides, 
 his heir at law. He being out of the country at the time, Leocrates 
 of Eleusis, a sister's grandson, took possession of the estate of 
 Archiades, under the pretence of being his adopted son, but without 
 any legal right (according to the orator's statement,) because the 
 pretended adoption took place after the great-uncle's death. Midy- 
 lides however, on his return to Athens, was persuaded by his friends 
 to waive his legal right in favour of Leocrates ; who continued in 
 quiet possession of the estate, until he thought proper to transfer it 
 to his son Leostratus, entering him in the township and clan of 
 Archiades, so as to constitute him his representative by adoption, 
 while he himself returned to his original family. The same course 
 was pursued at a later period by Leostratus, who retired from the 
 adoptive house, as his father had done, and left his eldest son Leocrates 
 to occupy his place. The second Leocrates having died suddenly 
 without issue, and Aristodemus, grandson of Midylides, having 
 claimed the estate as next of kin, Leostratus endeavours to defeat 
 this claim, by creating a title in his younger son Leochares, and 
 accordingly he takes the necessary formal steps to make him a son 
 by adoption in his deceased brother's room. Such are the leading 
 facts stated on behalf of Aristodemus, the plaintiff, whose cause is 
 pleaded by his son Aristotelea. 
 
 In answer to the plaintiff's suit a plea is put in by Leochares, supported 
 by his own affidavit, alleging that the estate was not the subject of 
 litigation. This course was allowed by the law of Athens in favour 
 of children, whether by birth or adoption ; and the effect of it was, 
 to delay the trial of the cause until the witness who swore the 
 affidavit was convicted of false testimony, or the plea pronounced to 
 be bad in law. Aristodemus here proceeds against Leochares to get 
 his plea and affidavit quashed, and thus to enable himself to obtain 
 a trial of the cause. The practice in such a proceeding resembled in 
 some measure that on the trial of a Paragraphe. As in the latter 
 the parties did not confine themselves to the questions raised by the 
 special plea itself, so in the action to quash an affidavit of this kind 
 the parties enter upon all the circumstances of the case, and explore 
 their way to a final verdict. 
 
 It is contended on behalf of Aristodemus that he was entitled to the 
 estate by the Attic law of succession. With respect to property 
 inherited in this way there subsisted a sort of entail, so that, on the 
 death of Leocrates without issue, the title reverted to the heirs of 
 Archiades, from whom it originally came. Aristodemus was not 
 only a nearer relation in degree than his opponents, but was prefer- 
 able as being descended from a brother, while Leostratus was 
 descended from a sister. Supposing even that Leocrates, who had 
 
AGAINST LEOCHARES, 27 
 
 died seised of the estate, was to be regarded as the first purchaser, 
 so that his heirs, and not those of Archiades, were entitled to succeed, 
 Aristodemus was his nearest relative in point of law, because Leo- 
 crates had been transferred to the family of Archiades, that he might 
 become his legal representative; Leostratus had renounced that 
 family, and Leochares had never entered it ; and, with reference to 
 the present question, their natural relationship to the deceased could 
 not be taken into account. 
 
 The court (it is argued) were bound to look at the state of things which 
 existed at the death of Leocrates : this could not be altered by any- 
 thing which had taken place ex post facto. Strictly speaking, it was 
 not competent for Leocrates to adopt a son in his lifetime to represent 
 Archiades ; but, at all events, he had not done so, and undoubtedly 
 his father could not nominate one for him after his death, much less 
 after a suit had been commenced by the heir. The adoption had 
 been altogether an afterthought on the part of Leostratus ; for he at 
 first intended to set up a title in himself; finding that this could not 
 be done, he conceived the idea of putting his son's claim forward : 
 but the law did not allow people to manufacture titles in such a way. 
 The series of adoptions which had taken place before were objection- 
 able in point of law, and they had only acquiesced in them because 
 Midylides had been induced to forego his legal rights : now however 
 the thing had come to an end, and the law ought to take its course. 
 
 The speaker labours to show that the affidavit is false and bad both in 
 form and substance, and takes several technical objections to it. He 
 urges also, that affidavits of this nature, designed to impede and 
 delay the "progress of a suit, and to prevent a case from being tried 
 on its real merits, are proceedings of a vexatious character, and ought 
 not to be favoured by the court. 
 
 A table of descent is annexed. 
 
 EUTHYMACHUS. 
 
 MIDYLIDES. AEOHIPPUS. ARCHIADES. ARCHIDICE. 
 
 I (whose inheritance (married to Leostratus.) 
 
 I is contested.) 
 
 CLITOMAOHE, Daughter. 
 
 (married toAristoteles.) 
 
 ARISTODEMUS, LEOCRATES. 
 
 (the plaintiff.) 
 
 ARISTOTELES, LEOSTRATUS. 
 
 (conducts his father's 
 case.) 
 
 ; I 
 
 LEOORATES. LEOCHARES, 
 (the defendant.) 
 
28 THE ORATIONS OF DEMOSTHENES. 
 
 THAT Leochares the defendant is brought to trial, men of the 
 jury, and that I, notwithstanding my youth, am addressing 
 you, is owing to Leochares himself, because he claims to in- 
 herit that which does not belong to him, and has made a false 
 affidavit in support of his claim before the archon. As 
 we were the relatives of Archiades, who originally left the 
 estate, and as the law gives the succession to those who are 
 nearest of kin, it was incumbent on us not to suffer his family 
 to become extinct, and not to allow other persons, who have 
 no manner of title, to inherit his property. The defendant, 
 who is neither the natural born son of the deceased, nor has 
 been adopted according to the laws, as I will show, has reck- 
 lessly made a false affidavit in order to deprive me of the in- 
 heritance. I beseech you, men of the jury, to give redress 
 both to my father and to myself, if we can establish a good 
 case, and not to suffer men who are poor and without influ- 
 ence to be oppressed by an iniquitous cabal. For we have 
 come into court relying upon the truth, and shall be content 
 if we are permitted to obtain our legal rights : our opponents 
 have from first to last put confidence in the intrigues of their 
 supporters, and in the expenditure of money : and I am not 
 surprised at it ; for they have no difficulty in spending the 
 money of other people, and so they have provided a multi- 
 tude of persons both to plead and to give false testimony in 
 their behalf. My father I will keep nothing back from 
 you comes to trial with the evident appearance of being a 
 poor man (as you all know him to be,) and also of being inex- 
 perienced in the conduct of causes : for he has been for a long 
 time a public crier in the Piraeus, and this is a sign not only 
 that he is needy, like many other men, but also that he has 
 no leisure for going to law : for a person carrying on such a 
 business is obliged to spend the whole of the day in the 
 market-place. From this you may reasonably conclude, that, 
 if we did not rely upon a just title, we should never have 
 come into court. 
 
 With respect to these general matters you will get still 
 ckarer information in the course of my address : I must now 
 explain to you about the exceptive affidavit and the issue 
 which you have to try. If, men of the jury, Leochares was 
 going to establish his case for the defence out of the affidavit 
 itself, and to show that he is the lawfully born son of 
 
AGAINST LEOCHARES. 29 
 
 Archiades, there would be no necessity for many words, and 
 no need for you to trace our pedigree to its origin. But as 
 this preliminary objection bears a different aspect, and the 
 argument of our opponents will be mainly directed to esta- 
 blish the fact of their adoption and their title, as lawfully born 
 children, to succeed to the property by heritable right, it is 
 necessary, men of the jury, on this account, that I should go 
 a little back to explain the nature of the pedigree : for, when 
 you have been fully instructed on this subject, it is impossible 
 that you can be misled by their statements. The issue which 
 you have to try is a disputed title to an inheritance : the 
 claim on our part is, to inherit by descent ; on theirs, to 
 inherit by adoption. We admit before you that all adoptions 
 ought to be valid, which are rightfully made according to 
 law. Bear in mind these foundations of our respective claims ; 
 and if they can show you that the laws sanction what they 
 have sworn in their affidavit, adjudge the estate to them ; 
 nay, even without such legal title, if their arguments appear 
 to be in accordance with justice and equity, we will withdraw 
 our opposition. But to convince you that we not only rely 
 upon our title as next of kin, but upon every other ground 
 besides, we will first inform you about the pedigree of the 
 person from whom the inheritance comes : for I think that, 
 if you carefully follow this part of the question, you will not 
 fail to understand all the rest. 
 
 To begin with the common ancestor, men of the jury 
 Euthymachus of Otryne had three sons, Midylides and Archip- 
 pus and Archiades; and a daughter, whose name was Archidice. 
 After the death of their father, the brothers gave Archidice 
 in marriage to Leostratus of Eleusis. Archippus, one of the 
 three brothers, died while in command of a ship at Methymna : 
 Midylides not long afterwards marries Mnesimache, the 
 daughter of Lysippus of Crioa ; and he has a daughter named 
 Clitomache, whom he wished to give in marriage to his own 
 brother, as he was still a bachelor ; but, as Archiades said he 
 did not choose to marry, and therefore allowed the property 
 to remain undivided, and dwelt by himself in Salamis, 
 Midylides after a while gives his daughter in marriage to 
 Aristoteles of Pallene, my grandfather. And to them were 
 born three sons, Aristodemus my father, who is here in court, 
 and Habronichus my uncle, and Midylides, who is now dead. 
 
30 THE ORATIONS OF DEMOSTHENES. 
 
 Such, men of the jury, is our title to the family estate by 
 proximity of blood. For we were the nearest of kin to 
 Archiades in the male line ; and as we claimed according to 
 this law to inherit this estate, and did not choose to let his 
 family become extinct, we commenced our suit for the in- 
 heritance before the archon. Our opponents, holding the 
 property unjustly, have put in their exceptive affidavit, rely- 
 ing in the main upon an adoption, but pretending also to be 
 entitled by consanguinity. With respect to this adoption, 
 we will show you plainly by and by what its character was : 
 but first we must explain about the relationship, and show 
 that we are nearer of kin than our opponents. One thing is 
 admitted, that males and the issue of males have the best 
 title to inheritances : for the law positively declares, that 
 inheritances shall go to the nearest relations in the male line, 
 when there are no children. We then answer this descrip- 
 tion ; for Archiades is acknowledged to have died without 
 issue, and we are his nearest of kin in the male line. More- 
 over, we are his nearest of kin also in the female line ; for 
 Midylides was brother to Archiades, and the daughter of 
 Midylides was the mother of my father, so that Archiades, 
 for whose inheritance we are now prosecuting our claim, is 
 paternal uncle to my father's mother, having this relationship 
 on the male side, not on the female side. Leostratus, our 
 opponent, is in a degree further removed, and is related to 
 Archiades on the female side ; for the mother of Leocrates, 
 his father, was niece to Archiades and to Midylides, from 
 whom we derive our title to the inheritance. 
 
 First, men of the jury, to prove to you that I have described 
 the pedigree correctly, I will have the depositions read ; and 
 after that he shall read the law itself, which gives inheritances 
 to the nearest relatives in the male line : for these, I take it, 
 are the principal points upon which the contest turns, and 
 upon which you are sworn to pronounce your verdict. Please 
 to call the witnesses up here, and read the law. 
 
 [The witnesses. The law.} 
 
 Such is their pedigree, men of the jury, and such is ours : 
 and it is right therefore, that those who by the evidence 
 alone have proved themselves to be nearest of kin should 
 have the inheritance, not that the desperation of the party 
 
AGAINST LEOCHARES. 31 
 
 making an affidavit should prevail against your laws. For, if 
 they rely on the adoption, (the character of which I shall ex- 
 plain to you,) yet surely after the death of the adopted child, 
 and when the family had until the commencement of our 
 suit become extinct, it is right that those who are nearest of 
 kin should get the inheritance, and that you should give 
 redress not to those citizens who can command the greatest 
 amount of influence, but to those who suffer wrong. If it 
 had rested with us, after explaining the circumstance of the 
 pedigree and the affidavit, to leave the platform, and there 
 had been no occasion for us to say anything more, the most 
 important part of my address being concluded, I should have 
 hardly thought proper to have troubled you any further. 
 As our opponents however will not rely upon the laws, but 
 will contend that, having got the start of us at an early 
 period and having entered upon the estate, these are proofs 
 of their title to inherit, it is perhaps necessary that I should 
 say something upon this part of the case, and show you how 
 utterly regardless they have been of law and propriety. 
 
 To begin from the commencement, men of the jury Midy- 
 lides and Archiades give their sister in marriage to Leostratus 
 of Eleusis : in course of time, from a daughter of their sister so 
 given in marriage is born Leocrates, the father of our oppo- 
 nent Leostratus : mark how distantly related he is to Archiades, 
 in respect of whose inheritance he has made his exceptive 
 affidavit. Such being the state of things, Archiades did not 
 marry ; Midylides, his brother and grandfather of my father, 
 did marry. And they had not made any partition of their 
 estate, but each of them having sufficient to live on, Midylides 
 resided in the city of Athens, while Archiades took up his 
 abode in Salamis. Some time afterwards Midylides, my father's 
 grandfather, had occasion to travel out of the country, and 
 during his absence abroad Archiades, being still unmarried, 
 fell ill and died. What is the proof that he was still un- 
 married 1 A water-carrier 1 stands upon the tomb of Archiades. 
 
 1 "From this passage," says Becker in the Charicles Transl. p. 484, 
 " we learn that it was the custom to place some figure referring to 
 water-carrying on the tomb of one who had died single, as a symbol of 
 celibacy. That a girl is here intended, we learn from p. 1089, where 
 Demosthenes says, ?) \ovTpocf>6pos, &c. We are elsewhere informed, that 
 the symbol was merely a vessel for carrying water, in fact a black 
 pitcher. Such vessels are to be found on sepulchral pillars. Never- 
 
32 THE ORATIONS OF DEMOSTHENES. 
 
 At this crisis Leocrates, father of the defendant Leostratus, 
 under the plea of his relationship on the female side, causes 
 himself to be adopted as son to Archiades, and so he entered 
 upon the estate as if he had been adopted by Archiades in 
 his lifetime. When Midylides returned to Athens, he was 
 angry at what had occurred, and was inclined to take pro- 
 ceedings against Leocrates ; however, by the persuasion of his 
 friends, who begged him to let Leocrates remain in the family 
 as the adopted son of Archiades, he allowed the thing to stand. 
 It is not true that he was compelled to do so by an adverse 
 verdict ; he gave his consent, mainly because he was deceived 
 by these persons, and partly also in compliance with the 
 wishes of his friends. 
 
 After this occurrence Midylides died ; Leocrates inherited 
 and enjoyed for many years the estate of Archiades, as if he 
 had been his adopted son : we, in consequence of the consent 
 of Midylides, made no stir in the matter. Time however 
 went on and now, men of the jury, pray attend carefully to 
 what I am about to tell you. Leocrates, who had thus be- 
 come the sou of Archiades, returned himself to the Eleusinians, 
 to whose community he originally belonged, leaving this 
 Leostratus, a lawfully born son, in the family of Archiades. 
 Even then we did not attempt to disturb the arrangement 
 concerning the inheritance, but acquiesced, as we had done 
 before. But afterwards this Leostratus himself, though he 
 was an adopted son and had been left in the family of 
 Archiades, returns, as his father had done, to the Eleusinians, 
 leaving an adopted son in his place; so that the original 
 adoption was, contrary to the laws, transmitted through three 
 persons. Contrary to the laws it was unquestionably, when 
 a person who had himself been adopted returned to his original 
 family leaving adopted sons in his place. And he has con- 
 tinued to carry on this game down to the present time ; and 
 by such means they imagine they can deprive us of the in- 
 
 theless this sense of the word is distinctly contradicted by Pollux, viii. 66 : 
 Tc5z/ S dydpcav Xowrpofy6pos rq> ^v^fj.ari e^iffraro ic6gri, ayysiov e^ouera 
 v8po<pdpov. This testimony is confirmed by the paintings on some 
 Volscian vases, representing girls carrying water ; and the inscription 
 over one of them, KAA1PE KPENE, leaves no doubt as to the signi- 
 fication." 
 
 I have already spoken of the custom of the bride and bridegroom 
 taking a bath in water of the fountain Callirrhoe. 
 
AGAINST LEOGIIARES. 33 
 
 heritance, while they traffick with the estate of Archiades 
 and maintain their children out of it, and continually return 
 from that to their paternal estate, keeping the one intact 
 and spending the other. 
 
 However, notwithstanding the irregularity of their pro- 
 ceedings, we submitted to it all. Till when 1 Till Leocrates, 
 who had been left as an adopted son in the family of 
 Archiades, died without issue. Upon his death without issue, 
 we, who are the nearest of kin, claim to inherit the property 
 of Archiades ; and we say, they cannot, in order to defraud 
 us of our rights, give an adopted son to the deceased, who 
 was himself adopted. If indeed he himself adopted a son in 
 his lifetime, although the proceeding was contrary to law, 
 we say nothing against it. But, as he neither had a natural 
 born son nor adopted one in his lifetime, and as the law 
 gives inheritances to the nearest of kin, is it not clear that in 
 a double point of view our title against them is good ? For 
 we are the next of kin both to Archiades, the original owner 
 of the estate, and to the adopted Leocrates : for his father, 
 having returned to the Eleusinians, divested himself of his 
 legal relationship, while we, into whose family he had entered, 
 stood in a close relationship to him, namely, that of cousins' 
 children. If you like therefore, we claim to inherit as the 
 kinsmen of Archiades, or, if you like it better, we claim as the 
 kinsmen of Leocrates : for, as he died without issue, there is 
 no one nearer of kin than we are. And as far as you are 
 concerned, Leostratus, the family has become extinct ; for 
 you looked to maintain connexion with the property, not 
 with the persons who adopted you. For example after the 
 death of Leocrates, as long as there was no claim to the 
 estate, you found no adopted son for Archiades ; but, now 
 that we are come forward as relations, you create an adopted 
 son, in order that you may get possession, of the property. 
 And you say there was not anything left by Archiades, into 
 whose house you were adopted ; yet you put in an affidavit 
 to bar our suit and to exclude his acknowledged kindred. 
 What is the meaning of it 1 If there is no property in the 
 house, how are you the loser by our inheriting this nothing ? 
 Such is his impudence, such his covetousness, men of the 
 jury, that he thinks he is entitled to return to the Eleusinians 
 and keep his paternal estate, and at the same time to keep 
 
 VOL. V. D 
 
34 THE ORATIONS OF DEMOSTHENES. 
 
 possession of that to which he succeeded by adoption, although 
 he has no son in the family. And all these things he manages 
 without difficulty ; for, as he can spend the property of other 
 people, he has a great advantage over us, who are poor and 
 helpless : therefore I consider, men of the jury, you are bound 
 to lend assistance to us, who have no desire to encroach upon 
 the rights of others, but are content if people let us enjoy 
 the protection of the law. What are we to do, men of the 
 jury? When the adoption has vested in three successive 
 persons, and the person last left in the family has died with- 
 out issue, are we not to recover our own property at last 1 
 Relying upon this just claim, we commenced our suit for the 
 estate before the archon. Leochares, the defendant, having 
 recklessly sworn a false affidavit, thinks proper to set the 
 laws at defiance and rob us of our inheritance. 
 
 First, to prove the truth of our statements about the 
 adoptions and the pedigree of these men, and that the water- 
 carrier stands on the tomb of Archiades, we wish to read to 
 you these depositions. After that, we will lay the rest of the 
 case clearly before you, and prove the falsehood of the affi- 
 davit sworn by our opponents. Please to take the depositions 
 that I mention. 
 
 [ The depositions.] 
 
 I have shown you the nature of this case, men of the jury, 
 and the plain points of law regarding the inheritance ; and 
 you have heard pretty nearly an exact summary of all that 
 has taken place from the beginning. I consider it necessary 
 also to tell you what they have done since the suit for the 
 inheritance commenced, and in what manner they have 
 treated us : for I don't think any persons have been so 
 iniquitously oppressed as we have in an inheritance cause. 
 
 When Leocrates died and his funeral took place, we went 
 to take possession of his effects, as he had died without 
 issue and unmarried; Leostratus removed us, saying that 
 they belonged to him. And he prevented our performing 
 any of the last offices to the deceased, which, as he was his 
 father, may have been excusable, though the act was contrary 
 to law ; for it was proper that the care of the funeral should 
 be committed to the natural father, though not indeed to the 
 exclusion of us members of the family, to whom the deceased 
 
AGAINST LEOCHAKES. 35 
 
 was related by virtue of the adoption. But, after the funeral 
 ceremonies were completed, by what law could Leostratus, 
 when the family was extinct, turn us, the next of kin, out of 
 possession of the property ? Because he was father to the 
 deceased, he will say. Yes ; but he had retired to his paternal 
 family, and was no longer owner of the estate, which he had 
 renounced in favour of his son. If this be not so, what is the 
 use of the laws ? 
 
 Well ; after we had been turned out of possession, (to pass 
 over a great deal,) we commenced our suit for the inheritance 
 before the archon, the deceased having left no son of his body, 
 as I have already mentioned, and not having adopted any 
 according to the laws. Upon this, our opponent Leostratus 
 makes a deposit for costs, as being the son of the aforesaid 
 Archiades, not taking into consideration either that he had 
 returned to the Eleusinians, or that adopted children are 
 created such not by themselves, but by those who adopt them : 
 in fact, I take it, he had but one idea in his head, that he 
 must lay claim to the property of other people by every 
 possible means, fair or foul. And first he came and was 
 hardy enough to enter his name in the assembly list of the 
 Otryneans, he being a townsman of Eleusis; and this he 
 managed ; then, before his name was entered also in the 
 heritable list of the Otryneans, he attempted to take a share 
 of the public distributions ; to such a flagrant breach of law- 
 was he impelled by his covetousness. We, discovering what 
 he was about, called people to witness and stopped it, and 
 insisted that the right of inheritance ought to be decided by 
 your verdict, before any one was nominated as adopted son 
 of Archiades. Yet, though he had been baffled and convicted 
 of fraud in the presence of many witnesses, as well in the 
 affair of the township list, 1 as at the assembly for the election 
 of officers, 2 he still persisted in his outrageous conduct, and 
 resolved to defeat your laws by his intrigues. What is the 
 proof of this 1 He got together some few of the Otryneans, 
 and persuades the prefect, at the opening of the register, to 
 enter his name. And after that he came at the festival of 
 the great Panathensea, when the distribution took place, to 
 
 1 Pabst : "ausser in der Sache mit der Liste." 
 
 2 i.e. Officers of the township. See Schomann, Antiquitates Juris 
 Public! Greecorum, page 204. 
 
 D 2 
 
36 THE ORATIONS OP DEMOSTHENES. 
 
 get his theoric allowance ; and, when the rest of the towns- 
 men were receiving it, he asked that it should be given to 
 him also, and that his name might be entered in the register 
 as the son of Archiades. As we protested against it, and all 
 the rest of the townsmen said that the proceeding was shame- 
 ful, he went away without either having his name registered 
 or getting the theoric allowance. 
 
 Don't you think that a man, who contrary to your decree 
 demanded the theoric allowance before he was registered 
 among the Otryneans, he being a member of another town- 
 ship, would lay claim to an inheritance contrary to the laws ? 
 How is it likely that a man, who before the decision of the 
 court sought to obtain these unjust advantages, relies upon 
 the merits of his case 1 It is manifest that a person, who 
 fraudulently claimed the theoric allowance, has the same 
 designs now with respect to the estate. Why, he deceived 
 even the archon when he made his deposit for costs, and 
 alleged in his answer to our claim that he was a member of 
 the Otrynean township, being then in fact a townsman of 
 Eleusis. As he failed however on all these occasions, he 
 made a fresh attempt at the late election of officers ; he got 
 some of the townsmen on his side, and then demanded to be 
 registered as the adopted son of Archiades. We remonstrated, 
 insisting that the townsmen should give their votes after the 
 decision of the inheritance suit, and not before : to this they 
 assented, not of their own good will, but out of regard for the 
 laws ; for it appeared shameful to them, that a person, who 
 had made a deposit for costs in a suit for the inheritance, 
 should nominate himself as an adopted son while the question 
 was yet undecided. 
 
 But what Leostratus contrived after this is the most atro- 
 cious thing of all. As he failed to get himself registered, he 
 makes his son Leochares the adopted son of Archiades con- 
 trary to all the laws, before the scrutiny of the township had 
 taken place. Leochares had not yet been introduced to the 
 clansmen of Archiades ; but, after he had been registered in 
 the township, Leostratus, exerting influence with a certain 
 member of the clan, entered his name in the clan register. 
 And after that, in the affidavit before the archon he sets down 
 Leochares as having been many years the lawfully born son of 
 the deceased Leochares, who was registered only the other 
 
AGAINST LEOCHARES. 37 
 
 day ! And the result is, that they both lay claim to the 
 inheritance : for Leostratus made deposit for costs in the 
 inheritance suit, as being the lawfully born son of Archiades, 
 and Leochares in his affidavit represents himself to be the 
 lawfully born son of the same father. Yet each of them makes 
 himself an adopted son, not of the living, but of the deceased. 
 We, men of the jury, considered it would be right, after you 
 had pronounced your verdict in this cause, to find an adopted 
 son for the deceased out of our nearest kinsmen, so that the 
 family might not become extinct. 
 
 First, men of the jury, to prove that our opponent Leo- 
 stratus returned from the township of Otryne to that of 
 Eleusis, leaving a lawfully born son to represent Archiades 
 and also, that his father had done the same thing before, and 
 that the son left in the family has died without issue and 
 that the person who has now sworn the affidavit was entered 
 in the register of the townsmen before he was entered in that 
 of the clansmen to prove these things, he shall read you 
 the depositions of the clansmen and those of the townsmen : 
 and all the things which I have been speaking of, which 
 these persons have done, shall be proved in like manner ; you 
 shall have evidence of every particular. Please to call the 
 witnesses this way. 
 
 [The witnesses.] 
 
 You have now heard all the facts of the case, men of the 
 jury; both the original proceedings in the affair of this inherit- 
 ance, and what occurred subsequently, as soon as we com- 
 menced our suit. I have yet to speak of the affidavit itself, 
 and of the laws, by virtue of which we claim to inherit ; and 
 further, if the water is sufficient and it will not be troubling 
 you too much, to show you that the arguments which our 
 opponents will urge are neither just nor true. And first let 
 him read the affidavit : I beg you to give it your best atten- 
 tion ; for it is upon this you will have to pronounce your 
 verdict. 
 
 [The affidavit.] 
 
 The defendant then has sworn, as you have heard, " that 
 the inheritance of Archiades is not the subject of contest, as 
 he had lawfully born children of right belonging to him ac- 
 cording to the statute." Let us inquire if he had such 
 
38 THE ORATIONS OF DEMOSTHENES. 
 
 children, or if the defendant's affidavit is false. Archiades, 
 who left the estate, adopted as son the grandfather of the 
 person who has sworn this affidavit : he, leaving a lawfully 
 begotten son, namely, the defendant's father Leostratus, in 
 the adoptive house, returned to the Eleusinians. Afterwards 
 again this same Leostratus went back to his paternal house, 
 and left a son in the adoptive ; and the son whom he left, 
 and who was the last of the adopted children, has died with- 
 out issue, so that the family becomes extinct, and the inherit- 
 ance has again reverted to those who were originally the nearest 
 of "kin. How then can there be any longer (according to the 
 affidavit) any sons of Archiades, whose adopted children have 
 confessedly returned to their original family, while the one last 
 left to represent him has died without issue ? It follows of 
 necessity that his family is extinct. But, since his family is ex- 
 tinct, he can no longer have lawfully born sons. The defendant 
 therefore has sworn that non-existent persons exist, and he 
 has written in his affidavit " as he had children," pretending 
 that he himself is one of them. Undoubtedly, when he says 
 " lawfully born " and " of right belonging to him according 
 to the statute," he is cheating and evading the laws. For 
 " lawfully born " applies to a son of the body ; as the law 
 proves, when it declares, that lawfully born sons are those of 
 a woman, who has been affianced by her father or brother or 
 grandfather. The expression " of right belonging " the legis- 
 lator understood of adoptions, considering that when a man, 
 being childless and having a right to dispose of his property, 
 adopts a son, his act ought to be deemed rightful. The 
 defendant however does not pretend that Archiades had any 
 son of his body, but has put in his affidavit the words, " as 
 he had lawfully born children," swearing that which is con- 
 trary to the fact. He admits that he is an adopted child, 
 yet he is shown not to have been adopted by the deceased 
 himself; how then can you maintain any longer, that this is 
 a rightful act according to the statute ? Oh, because he has 
 been registered as the son of Archiades ! Yes, by the violent 
 act of these men, done only the other day, after the suit for 
 the inheritance was pending. It can never be just to regard 
 a wrongful act as evidence for a party. 1 
 
 1 It is a maxim of our law, that " a man shall not take advantage of 
 his own wrong. " 
 
AGAINST LEOCHARES. 39 
 
 Just consider, men of the jury : is not this monstrous, that 
 the defendant, though in his speech he will say presently that 
 he is an adopted son, should not venture to put this in his 
 affidavit ; but, that while the affidavit is drawn as if for a son 
 of the body, the speech that you will hear presently will make 
 out a case for an adopted son? If in addressing you they set 
 up a defence contrary to the affidavit, is it not clear that 
 either what they say or what they swear must be false? 
 They had pretty good reason for putting nothing about the 
 adoption in their affidavit : for they must have inserted the 
 name of the adoptive father; but the supposed father never 
 did adopt them ; they adopted themselves, in order to deprive 
 iis of our inheritance. 
 
 To go to the next point is it not both monstrous and 
 absurd, that this Leostratus, when he made his deposit for 
 costs in the inheritance suit before the archon, should have 
 represented himself as the son of Archiades. he himself being 
 a townsman of Eleusis, while Archiades was of Otryne; and 
 that another party should have sworn the affidavit, as you 
 see, and declared that he is the son of Archiades? To which 
 of you, I ask, are we to give credence? This very circum- 
 stance is the strongest proof of the falsehood of the affidavit 
 namely, that two parties, and not one, are making the same 
 claim against the same adversary. I am not surprised at it. 
 For I suppose, when Leostratus made his deposit for costs 
 against us, he had not yet sworn an affidavit, and it is since 
 that he has been entered in the register of the townsmen. 1 
 We should therefore be most cruelly treated, if you were to 
 believe an affidavit which has been sworn at so late a period. 
 
 Nay more, Leochares has sworn to facts older than himself. 
 How can a person know any of these matters, who had not 
 become a member of the house of Archiades, when the suit 
 for the inheritance was commenced? And if he had sworn it 
 of himself only, there might have been some reason in the 
 thing : his statement would have been incorrect, yet still it 
 would have concerned the party swearing, and been what, 
 from his age, he might have known. As it is, however, 
 he has averred that Archiades had lawfully born sons, mean- 
 ing his father and himself according to the original adoption, 
 and not taking into consideration that they had returned to 
 1 The original is corrupt. 
 
40 THE ORATIONS OF DEMOSTHENES. 
 
 their original family. It follows therefore that in his affidavit 
 he has sworn to facts older than himself, and not to things 
 which have occurred in his own time. And can you rely on 
 the word of a person who has been hardy enough to do this? 
 Oh, but he swears to what he has heard from his father. 
 That won't do. The law forbids you to give what you heard 
 from your father as evidence of his acts during his lifetime. 1 
 And again why did Leostratus have the affidavit headed 
 with his son's name instead of his own? The older man 
 should have deposed to the older facts. " I did so" perhaps 
 he may say " because I have transferred my son by adoption 
 to Archiades." Then you who transferred him and concocted 
 the whole affair ought to have rendered an account of it, and 
 made yourself responsible for your acts: that was your 
 bounden duty. But that you shrank from, and headed the 
 affidavit with the name of your son, who knew nothing about 
 the matter. It is clear therefore to you, men of the jury, that 
 the contents of the affidavit are untrue; indeed it is acknow- 
 ledged by these men themselves. And when Leostratus comes 
 to address you presently, it is scarcely right that you should 
 hear him making statements which he dared not vouch for by 
 his oath. 
 
 Of all methods of trial this by an exceptive affidavit is 
 the most unjust, and the parties who resort to it are the most 
 deserving of your displeasure, as you will see clearly from 
 what I am about to say. In the first place, it is not neces- 
 sary, as other processes are ; it takes place only by the choice 
 and desire of the party who swears the affidavit. If there is 
 no other way of getting judgment upon disputed claims, 
 unless you swear an affidavit of this sort, it is perhaps neces- 
 sary to swear one. But, if it is possible to obtain a hearing 
 before all tribunals without an exceptive affidavit, is not such 
 a step a mark of recklessness and complete desperation ? The 
 legislator did not make it obligatory on the contending 
 parties ; he allowed them to put in an exceptive affidavit, if 
 they pleased, as if he were putting our several characters to 
 the proof, to see how far we are inclined to a reckless course 
 of action. Observe also ; if parties putting in these affidavits 
 had their way, there would be neither courts of justice nor 
 causes for them to try; for it is of the very essence of ex- 
 1 According to Schomann's emendation, Attic Process, 669. 
 
AGAINST LEOCHAKES. 41 
 
 ceptive affidavits to put a stop to all proceedings, and to 
 prevent questions being brought before the court; such (at 
 least) is the intention of the parties who swear them. There- 
 fore, I consider, such persons ought to be regarded as the 
 common enemies of all, and ought never to find any favour 
 when they are on their trial before you : for they have each 
 of them elected to incur the risk of the oath, and come into 
 court without compulsion. 
 
 That the affidavit then is false, you have gathered pretty 
 plainly both from its contents and from the arguments 
 which have been addressed to you. That by the laws we are 
 entitled to this inheritance, men of the jury, I will show you 
 in a few words; not that I have not already explained it to 
 you sufficiently, but I wish that you should have the rights 
 of the case fairly in your minds, to meet the fallacies that 
 will be urged on the other side. 
 
 To present the case to you in a short compass we being 
 the nearest of kin in the male line to Archiades, by whom 
 this estate was left; some of the persons whom he adopted 
 having returned to their paternal family, and the person who 
 was last left to represent him having died without issue; 
 under these circumstances we claim to inherit, not so as to 
 deprive Leostratus of any property, (for these men have what 
 belongs to them,) but because the estate of Archiades was left 
 to go to his heirs, and because it is ours by law. For the law, 
 men of the jury, declares, that males and the issue of males 
 shall have the preference; and we answer that description. 
 Archiades had no children; and we are his remaining kindred. 
 
 Besides this, it is surely not just, that an adopted son 
 should introduce other adopted sous into the family: he may 
 leave born children in it; but, on failure of such issue, he 
 must restore the inheritance to the blood-relations. This is 
 what the laws require. For is it not manifest, that every one 
 of you is excluded from heritable rights, if this privilege is 
 accorded to adopted children] You see how many persons 
 adopt sons under the influence of flattery, or from a spirit of 
 opposition, because they have quarrelled with their relatives. 
 If now an adopted son were at liberty, contrary to the law, 
 to create an adopted son at his pleasure, the inheritances will 
 never be given to the relations. To guard against this con- 
 sequence, the legislator forbade a person who was himself 
 
42 THE ORATIONS OP DEMOSTHENES, 
 
 adopted to create a son by adoption. In what manner did he 
 declare his intention ? When he says, that a man may retire 
 leaving a lawfully born son in the family from which he 
 retires, he declares plainly enough, that he may not adopt; 
 for it is impossible for a man to leave a lawfully born son, 
 unless he has a son of his body. You however, Leostratus, 
 claim the right of bringing an adopted son into the inherit- 
 ance in place of the deceased, who was adopted into our 
 family; just as if you were entering upon your own estate, 
 and not one which by law belongs to the nearest of kin. 
 
 Our view of the matter is this, men of the jury. If 
 the deceased had adopted any one, although the law does 
 not allow it, we should have submitted; or, if he had left a 
 will, we should have acquiesced in that: such has been our 
 conduct from the beginning; we have made no opposition to 
 these men keeping the estate, and returning to their paternal 
 house in what manner they pleased. But, now that the thing 
 has been exposed by these men themselves and by the laws, 
 we think it right that we should inherit the estate of Archia- 
 des, and that the new adopted son should come from us who 
 have not been adopted before, not from these persons. For it 
 was with justice, I consider, that the legislator, as he required 
 the nearest of kin to relieve the misfortunes of their relations 
 and to give marriage portions to the females, assigned to them 
 in like manner the right of inheriting and partaking the good 
 things. But what is the most important point of all, and 
 most familiar to you, is this the law of Solon does not 
 allow an adopted person even to bequeath by will that pro- 
 perty which he finds in the house at the time of his adoption : 
 and there was reason, I think, in the regulation: for a 
 person, who acquires the property of another by adoption 
 according to law, ought not to deal with it as he would with 
 his own private property : he ought to act consistently with 
 the laws, and in every particular as the law prescribes. 
 Those who had not been adopted when Solon entered into 
 office may, he says, dispose of their property by will as they 
 please; those who were adopted are not at liberty to dispose 
 of their property by will ; they may return in their lifetime to 
 the paternal house, leaving a lawfully born son in their place ; 
 but, in case of death, they must restore the inheritance to 
 those who were the original relations of the adoptive father. 
 
AGAINST STEPHANUS I. 
 
 AGAINST STEPHANUS I. 
 
 THE ARGUMENT. 
 
 APOLLODORUS, the son of Pasion, sues Stephanus for having given false 
 testimony in the action which the plaintiff brought against Phormio ; 
 as to which I must refer to the speech in defence of Phormio, 
 Volume IV., page 202. In answer to that action, which was to 
 recover a sum of banking stock, Phormio had put in two special 
 pleas ; upon the trial however he had, as was usual, entered into the 
 general merits of the case, and given in evidence the will of his late 
 master, Pasion, which directed that he should marry the testator's 
 widow, Archippe, and receive with her certain property as a marriage 
 portion. To establish that will, Stephanus and two other persons 
 made a joint deposition, in the terms following : 
 
 " Stephanus Endius Scythes depose, that they were present before 
 the arbitrator Tisias, when Phormio challenged Apollodorus, if he 
 denied that the document which Phormio put into the box was 
 a copy of the will of Pasion, to open the will of Pasion, which 
 Amphias, brother-in-law of Cephisophon, exhibited to the arbitrator ; 
 and that Apollodorus did not choose to open it ; and further, that 
 the said copy was a copy of the will of Pasion." 
 A copy of the supposed will was annexed to the deposition. 
 Apollodorus denies that any such challenge ever took place, or that his 
 
 father left such a will. 
 
 To disprove the story of the challenge, he relies mainly upon two 
 arguments. First it was improbable in itself; because it would have 
 been folly in him to refuse the challenge, when a copy of the alleged 
 will was annexed to the deposition of Stephanus ; the effect of which 
 would have. been, that, while evidence of the will was not excluded, 
 he would lose the benefit of its being proved by the direct testimony 
 of the person producing it. Secondly the depositions had been 
 written on a whitened board or tablet, which showed that it was 
 false ; for evidence was only written on such material, when it was 
 prepared by the party at home, and brought with him to the 
 magistrate's office; but challenges were not prepared beforehand, 
 but were drawn up at the moment, pro re natd, and therefore com- 
 monly written for convenience on a waxen tablet. (As to this, see 
 Becker's Charicles, Scene IX., note 12, and what I have said under 
 title Martyria in the Archaeological Dictionary.) 
 
 The annexing of a copy of the will to the depositions of Stephanus was, 
 as the plaintiff contends, a trick on the part of Phormio, to avoid 
 giving direct proof of the will by an attesting witness, or by some 
 person who was present at the publication of the will by the testator 
 or the opening of it after his death. The will was sought to be 
 
44 THE ORATIONS OF DEMOSTHENES. 
 
 established by a series of circumstantial proofs. Amphias produced 
 before the arbitrator a copy of a supposed will of Pasion, which he 
 had received from Cephisophon, his brother-in-law. Cephisophon 
 only proved that a document had been left him by his father, on 
 which was inscribed " the will of Pasion ;" he did not know whether 
 it was genuine or not. There was no further evidence but that of 
 Stephauus and his co-deponents, who, although they knew nothing 
 about the making of the will, declared in express terms, that the 
 copy annexed to their deposition "was a copy of the will of Pasion." 
 
 The argument of the plaintiff upon this point is by no means con- 
 sistent, and not very clear ; perhaps it was not intended to be so. 
 He strongly urges that by the terms of the deposition Stephanus is 
 responsible for a positive assertion that the writing in question was 
 a copy of Pasiou's will ; otherwise the words should have been not 
 " the will of Pasion," but " the writing or document said to be the 
 will of Pasion," or "produced by Phormio as the will of Pasion," 
 or something to that effect. At the same time however he says 
 it was a trick to escape responsibility, and anticipates the defence 
 which Stephanus was likely to set up; namely, that he had in- 
 tended to prove a challenge only, and not a will, and that, with 
 respect to the exhibit annexed, it was manifest by the context that 
 all he meant was, to identify it with the copy before referred to in 
 the deposition, the copy, that is, which Amphias had produced. 
 This, says the orator, would be an idle subterfuge ; the witness was 
 bound by the express terms of his evidence, of which Phormio had 
 had the benefit by reading the copy, as Pasion's will, to the jury. 
 
 Supposing that the other construction was the true one, and that 
 Stephanus, by the terms of the deposition, was to be understood as 
 repeating only what Phormio had told him, he would still be liable 
 to an action, as the law did not allow hearsay evidence, or permit 
 any party to give evidence for himself, which Stephanus would be 
 enabling Phormio to do, if he could prove a will in the way sug- 
 gested. The orator cites a statute, making a man liable to a suit for 
 false testimony, who gave evidence in a manner contrary to law. 
 
 Stephanus would probably urge, that the proof of the will was not 
 necessary or material to Phormio's success in the former action, as 
 the question then turned entirely on the special pleas, and mainly 
 that of the release, which Phormio fully established. To this the 
 plaintiff answers, that it was the practice of the Athenian courts to 
 hear the whole merits of the case upon the trial of a Paragraphe, 
 that Phormio had actually gone into the merits of the case, and that 
 the evidence which he had offered thereupon had powerfully pre- 
 judiced the jury against the plaintiff. It was the business of the 
 defendant to clear himself of the present charge by showing that 
 the evidence which he had given was true. He could not escape by 
 showing that other testimony had been more hurtful to the plaintiff 
 than his own. Nor again was he at liberty to discuss any of the 
 other questions which were raised in the cause between Apollodorus 
 and Phormio ; he must confine himself to the simple questions 
 raised in the present cause whether he gave the evidence in the 
 deposition and whether it was true or false. 
 
AGAINST STEPHANUS I. 45 
 
 With respect to the will besides that there was no direct proof of its 
 execution by persons who had any knowledge of their own many 
 circumstances conspired to throw suspicion upon it< Why was it 
 first shown, after the testator's death, to Phormio, and not to Apol- 
 lodorus, who, as Pasion's heir, was entitled to be present at the 
 opening of it? Phormio had taken advantage of the plaintiff's 
 absence on the public service, to enter into possession under the 
 will, and marry Archippe, who was only too ready to assist in the 
 fraud. The terms of the will itself showed it to be a forgery. It 
 was not likely that Pasion would give his wife in marriage to his 
 former servant, who was not at that time a citizen of Athens ; 
 much less with so large a dowry. The will too was inconsistent 
 with the lease of the bank by Pasion to Phormio, which Phormio 
 himself had produced, and which (though tainted with fraud) argued 
 at all events some distrust of Phormio on the part of the lessor ; for 
 it contained a clause forbidding him to carry on the business of the 
 bank without the consent of Pasion's sons ; whereas the will implied 
 unlimited confidence in Phormio ; for it gave to him, as Archippe's 
 husband, all the property in the house which she had in her custody, 
 so as to preclude the children from searching or inquiring after 
 what was left. Again the will was illegal in its character for several 
 reasons; first, because Pasion had received the gift of citizenship 
 from the people, and therefore had no power to make a will ; secondly, 
 because he could not give Archippe in marriage without the consent 
 of her natural guardian ; and thirdly, because he left sons surviving 
 him. He must indeed have been insane to make such a will, and 
 the will on that account alone would be void. These were good 
 reasons for concluding that he never made it at all ; that, in fact, it 
 was a forgery, and therefore the evidence of Stephanus was false. 
 
 Phormio it is further contended was deeply interested in supporting 
 the will, not merely on account of the legacies which he took under 
 it, but because it enabled him to conceal the frauds which he had 
 committed. Stephanus was in league with him, from corrupt 
 motives, and therefore had not scrupled to give wilfully false testi- 
 mony against the plaintiff, although he was connected with him by 
 marriage. This, according to Athenian sentiment, was an aggravation 
 of his offence ; for the Athenians excused a man for being reluctant 
 even to give true evidence against a relation. Stephanus, in his 
 eagerness to serve Phormio in the action brought against him by 
 Apollodorus, had gone so far as to steal from the evidence box an 
 important deposition which the plaintiff had put in. If he would do 
 such a thing as this, of course he would have no hesitation to give 
 false evidence. He was an avaricious person, who cared for nothing 
 but money, and was subservient to Phormio on account of his wealth. 
 
 After animadverting upon the character of Stephanus, the plaintiff 
 proceeds to assail with bitter invective the character of Phormio 
 himself, whom he describes as a person of barbarous origin, and 
 addicted to the grossest vices ; who had requited his master's kind- 
 ness, (which had raised him from servitude to his present position,) 
 by seducing his wife, embezzling his property, and robbing his son. 
 To account for the circumstance that his brother Pasicles had taken 
 
4G THE ORATIONS OF DEMOSTHENES. 
 
 Phormio's side against him, he openly declares his conviction that 
 Pasicles was the son of Phormio, and therefore hie (the plaintiff's) 
 enemy. The reader, bearing in mind that Demosthenes is reported 
 to have changed sides, will examine with some interest the different 
 ways in which the conduct of these parties is represented by the 
 orator, according as he is engaged on the one side or on the other. 
 
 HAVING been oppressed, men of the jury, by false testi- 
 mony, and having been outrageously and cruelly wronged by 
 Phormio, I am come to recover justice in this court from the 
 authors of the injury. 
 
 I beg and implore of you all, in the first place, to give me 
 a favourable hearing ; (for it is a great thing for those who 
 have been unfortunate like me, to be able to speak of their 
 sufferings, and to find friendly listeners in you ;) and in the 
 next place I entreat, that, if you think I have been wronged, 
 you will give me the redress which I am entitled to. I will 
 show you that Stephanus the defendant has both given false 
 evidence and has done so from a corrupt motive, and also that 
 he is his own accuser ; so transparently clear is the case. I 
 will endeavour to relate to you in the shortest possible com- 
 pass all that has taken place between Phormio and myself 
 from the beginning. From this narrative you will see both 
 Phormio's baseness and the falsehood of the testimony which 
 these men have given. 
 
 A large property was left to me by my father, men of the 
 jury. Phormio had got possession of it, and, in addition to 
 that, he had married my mother while I was absent on the 
 public service in command of a trireme : with respect to the 
 circumstance of this marriage, it is hardly right that I should 
 be very explicit, considering that I am speaking of a mother. 
 Upon my return home, when I learned what had taken place 
 and saw it indeed with my own eyes, I was exceedingly angry 
 -and indignant: I could not commence a private action, as 
 there were no actions at that time, all such business being 
 postponed on account of the war ; but I preferred an indict- 
 ment against him before the Judges for outrage and abuse. 
 Time wore away however; the indictment was evaded, and 
 there was no action to be had; and meanwhile my mother 
 bore children to Phormio: and after that, (for the whole 
 truth shall be disclosed to you, men of the jury,) my mother 
 made frequent overtures for reconciliation, and entreated me 
 
AGAINST STEPHANUS I. 47 
 
 to forgive Phormio, and many overtures were addressed to me 
 by Phormio himself with all becoming humility. To cut the 
 matter short, men of Athens I found at last, that Phormio 
 did not choose to perform any of the promises which he then 
 made, and attempted to deprive me of the banking stock 
 which he then had in his possession ; so I was compelled to 
 commence an action against him at the earliest opportunity. 
 Phormio, seeing that everything would come to light, and 
 that he would be proved to have acted like a scoundrel 
 towards me, contrives the plot, which Stephanus the de- 
 fendant helped him to carry out by giving false testimony 
 against me. 
 
 In the first place, Phormio put in a special plea in bar of 
 the action which I had brought against him. Secondly, he 
 called false witnesses, who stated that I had released him 
 from all claims, and deposed to a certain forged lease, and a 
 will which never had existed. He got the advantage of the 
 opening speech, by reason of there having been a special 
 plea and the case not coming to trial upon the general 
 issue ; then, having read these pieces of evidence, and made 
 a variety of misrepresentations to suit his case, he made such 
 an impression on the jury, that they would not hear me speak 
 a single word. Failing to get a sixth part of the votes, I of 
 course incurred the penalty of such failure; I was not per- 
 mitted even the benefit of a hearing ; I don't think any man 
 was ever before so treated; and I left the court, men of 
 Athens, in high dudgeon and displeasure. Upon reflection 
 however, I see that there was a good deal of excuse for the 
 jury who gave that decision, (for I know not what other 
 verdict I could myself have given, if I had been unacquainted 
 with the facts and had heard the evidence only,) and I think 
 that our anger should fall on those persons, who brought 
 about the result by their false testimony. Of the other 
 witnesses I will speak, when their trial comes on; of the 
 evidence of the defendant Stephanus I will at once proceed 
 to give you an account. Take the original deposition and 
 please to read it, that by its very language I may establish 
 the charge. Read and you, stop the water. 
 
 THE DEPOSITION. 
 
 "Stephanus, son of Menecles, of Acharnae, Endius, son 
 of Epigenes, of Lampra, Scythes, son of Harmateus, of 
 
48 THE ORATIONS OP DEMOSTHENES. 
 
 Cydathenseum, depose, that they were present before the 
 arbitrator, Tisias of Acharnse, when Phormio challenged 
 Apollodorus, if he denied that the document which Phormio 
 put into the box was a copy of the will of Pasiou, to open 
 the will of Pasion, which Amphias, brother-in-law of 
 Cephisophon, exhibited to the arbitrator; and that Apollo- 
 dorus did not choose to open it; and further, that the said 
 copy was a copy of the will of Pasion." 
 
 You have heard the deposition, men of the jury; and I 
 think, if you have not observed anything else yet, this at 
 least must have struck you as being a strange thing, that the 
 deposition commences with a challenge and ends with a will. 
 I shall have something myself to say about this, when I have 
 shown what may be called the principal feature of the testi- 
 mony to be false ; to which I shall first address myself. It 
 is deposed by them, as you see, that Phormio challenged me 
 to open the will, which Amphias, the brother-in-law of 
 Cephisopon, exhibited to the arbitrator Tisias; and that I 
 did not choose to open it; and that the will which they 
 themselves have deposed to is a copy of that : and then the 
 will is set out. 1 Now, as to the question whether Phormio 
 gave me that challenge or not, and whether the will is a true 
 or a false one, for the present I say nothing ; I will discuss 
 those matters by and by: but let us consider their state- 
 ment, that I did not choose to open the document. Look at 
 it in this way For what purpose would any man have de- 
 clined to open the document? In order (I suppose) that the 
 will might not be disclosed to the jury. Very good. If 
 these men had not given evidence both of the challenge and 
 the will, there might have been some reason in my declining 
 to open the document : but when they gave evidence of both, 
 and the jury would hear the contents of the will all the same, 
 what did I gain by my refusal? Nothing surely. On the 
 contrary, men of Athens, even if these persons had given no 
 challenge, but had only talked about the matter, and some 
 one had produced a writing to them as a will, it was my 
 business to challenge them and open the will, so that, if the 
 contents had been different from what these men stated, I 
 
 i I follow Seager and Schafer. Pabst understands it very differently 
 " Hernach wird der Ausdruck Testament gebraucht." It appears from 
 what follows, that a copy of the will was annexed to the deposition. 
 
AGAINST STEPHANUS 1. 49 
 
 might at once have called several of the bystanders to witness 
 the fact, and drawn the inference from it that the rest of their 
 tale was concocted; or, if the contents agreed, I might have 
 required the person who produced it to give evidence, and, if 
 he had consented, I should have had a responsible witness, if 
 he declined, his very refusal again would have been abundant 
 proof for me that the thing had been fabricated. And the 
 result was, that in that way I had one person to deal with, 
 while, as these witnesses have represented it, I had many. 
 Is there any one among you, who would have preferred the 
 latter? I should imagine, none. Then you ought not to 
 believe it of any one else. Where indeed, men of Athens, 
 anything is done in anger or from a corrupt motive, or under 
 strong excitement, or in a spirit of jealousy, one person will 
 do it in one way and another in another, according to his 
 natural disposition: where however nothing of this sort 
 occurs, but measures are taken from a calm calculation of 
 advantage, it is different ; no one would have been so foolish 
 as to disregard his interest, and do that which would weaken 
 his chance of winning the cause ? Yet this is what the wit- 
 nesses have said of me ; they represent me to have done 
 what is neither reasonable nor probable, in fact, what no 
 human being would have done. 
 
 And it is not only from their having stated that I was un- 
 willing to open the document, that this falsehood is apparent, 
 but also because in the same deposition he speaks to a chal- 
 lenge and a will. For I suppose you are all aware, that 
 challenges were devised for those transactions, which it is 
 impossible to bring actually before you: for example, one 
 cannot put to the torture in your presence; it is necessary to 
 have a challenge for such a matter: again, if anything has 
 been transacted and done out of the country, it is necessary 
 for this that there should be a challenge, to sail or go to tho 
 spot where the thing occurred : and so for other matters of 
 the like description. But where it is possible to exhibit the 
 things themselves bodily before your eyes, what could be 
 simpler than to produce them? Now my father died at 
 Athens, and the arbitration took place in the painted portico, 
 and these witnesses have deposed that Amphias exhibited 
 the document before the arbitrator. Then, if it was true, 
 the document itself ought to have been put into the box, and 
 
 VOL. v. E 
 
50 THE ORATIONS OF DEMOSTHENES. 
 
 the person who produced it should have proved it in evidence, 
 so that the jury might have formed their judgment according 
 to the truth and after inspection of the seals, and I, if any one 
 had wronged me, might have proceeded against him. As it 
 is, however, no single person has taken the whole thing upon 
 himself, or given testimony in a plain and open manner, as a 
 witness of truth would do; but each of them has proved a 
 part of the story, imagining he has been very cunning and 
 will escape punishment in this way; one of them saying, that 
 he has a document in his possession, on which is written 
 "the will of Pasion;" another, that he was sent by the 
 former person to produce and did produce it, but could not 
 say whether it was genuine or not. Stephanus and his 
 fellow-deponents, under the pretext of proving a challenge, 
 have given evidence of a will, in such a way indeed as to 
 make the jury believe that the will was my father's, and to 
 prevent my obtaining a hearing on the subject of my wrongs, 
 yet not so cleverly but that this falsehood must and will be 
 detected, although they thought otherwise. To prove the 
 truth of my statements, take the deposition of Cephisophon. 
 
 THE DEPOSITION. 
 
 11 Cephisophon, son of Cephalon, of Aphidna, deposes, that 
 a document was bequeathed to him by his father, on which 
 ' the will of Pasion ' was inscribed." 
 
 It was an easy thing then, men of the jury, for the person 
 who gave this evidence to add " and the same document is 
 that which the deponent exhibits," and to put the document 
 into the box. But he thought probably, that such a false- 
 hood as this would rouse indignation, and that you would 
 punish him for it; whereas to give evidence of a document 
 having been bequeathed to him was a trifle of no importance. 
 And yet this is the very thing which convicts these people, 
 and shows that they have concocted the whole scheme. For 
 if the inscription on the will had been "of Pasion and 
 Phormio," or "in the matter of Phormio/' or anything of 
 that sort, it would have been reasonable that he should keep 
 it for Phormio : but if, as he has testified, the inscription was 
 " the will of Pasion," why should not I have got it into my 
 own hands, when I knew that I was about to go to law, and 
 when I knew that, if its contents were such as they repre- 
 
AGAINST STEPHANUS I. 51 
 
 sent, it was adverse to my interests? Of course, if it was 
 my father's will, it belonged to me, as well as all the rest of 
 my father's property, by right of succession. By its being 
 produced therefore to Phormio by its having been inscribed 
 "the will of Pasion" and by my not having taken it into 
 my own hands the forgery of the will and the falsehood of 
 Cephisophon's evidence are fully established. But never 
 mind Cephisophon: I have nothing to do with him at 
 present, and he has given no evidence touching the contents 
 of the will; though indeed, men of Athens, I would beg you 
 to consider, how strong a proof this is, that the deposition 
 which I am now impeaching is untrue. For when the 
 witness, who says that he has the document in his keeping, 
 has not ventured to say, that the document which Phormio 
 produced is a copy of that in his own possession ; and when 
 these witnesses cannot say that they were originally present, 
 and did not see the document opened before the arbitrator, 
 but have even themselves declared that I was unwilling to 
 open it; in deposing that this is a copy of the other, have 
 they not accused themselves of falsehood? is it possible to 
 arrive at any other conclusion? 
 
 Besides, men of Athens if you examine the terms of the 
 deposition, you will see, that it is a mere contrivance to make 
 it appear in some way or other, (they don't care how), that 
 my father published this will. Take the deposition itself, 
 and read, stopping where I tell you, that I may show by its 
 terms what its character is. 
 
 THE DEPOSITION. 
 
 "Depose that they were present before the arbitrator 
 Tisias, when Phormio challenged Apollodorus, if he denied 
 that the document was a copy of the will of Pasion 
 
 Stop. Observe that the words are, " the will of Pasion." 
 Now persons desirous of bearing witness to the truth, 
 (granting most fully that the challenge took place, as it 
 never did,) should have given their evidence in a form which 
 I am about to show. Head the deposition again from the 
 beginning. 
 
 THE DEPOSITION. 
 
 "Depose that they were present before the arbitrator 
 
 Tisias" 
 
 E2 
 
52 THE ORATIONS OF DEMOSTHENES. 
 
 We do depose; for we were present. Read. 
 
 THE DEPOSITION. 
 
 " When Phormio challenged Apollodorus " 
 This also they might correctly have stated in evidence, if 
 he really gave the challenge. 
 
 THE DEPOSITION. 
 
 " If he denied that the document was a copy of the will of 
 Pasion." 
 
 Stop there. Surely no man would have gone on to give 
 this testimony, unless he had been present when my father 
 published the will. He would have said immediately " how 
 do we know if there is any will of Pasion?" and would 
 have required Phormio to shape the clause in this way, 
 (taking the form as in the beginning of the challenge) " if 
 I denied the document to be a copy of the will which 
 Phormio said that Pasion had left" not "of the will of 
 Pasion." For this was to give evidence of a will, which was 
 their intention; the other, that Phormio said there was a 
 will : and I need hardly tell you, there is a vast difference be- 
 tween a thing being true, and Phormio' s saying that it is. 
 
 That you may see how many important objects they had in 
 view in the concoction of the will, I entreat your attention 
 for a short time. The first object, men of Athens, was, that 
 Phormio should not be punished for having corrupted her, 
 whom it is not honourable for me to mention, but whom you 
 know without my mentioning : the next, that he might get 
 hold of all my father's property that was in my mother's 
 keeping : and, in addition to this, he sought to become 
 master of everything which belonged to us. Of the truth 
 of this you will be convinced by hearing the will itself read : 
 for you will find, it is not like the will of a father making 
 provision for his sons, but like that of a slave who has dis- 
 honoured his master, and is thinking how to escape punish- 
 ment. Read then the will itself, of which these witnesses 
 before the action have given evidence; and you, men of 
 Athens, mark what I shall have to say. 
 
 THE WILL. 
 
 " This is the will of Pasion of Acharnse. I give my wife 
 Archippe in marriage to Phormio, and I give to Archippe for 
 
AGAINST STEPHANUS I. 53 
 
 her dowry the talent charged on land in Peparethus, 1 the 
 talent charged on land in Attica, a lodging house of the value 
 of a hundred minas, and also the female slaves and jewellery 
 and other things which she has in her custody in my dwelling 
 house. All these things I bequeath to Archippe." 
 
 You have heard, men of Athens, the large amount of this 
 dowry a talent charged on land in Peparethus, a talent on 
 land in Attica, a lodging house of the value of a hundred 
 minas, female slaves and jewellery, and other things which 
 she has in her custody I give it her all, says he precluding 
 us by this clause from even searching for any of the property 
 that was left. 
 
 Now let me show you the lease upon which Phormio had 
 taken the bank from my father : for from this, though it is 
 concocted, you will see that the will is an entire fabrication. 
 I will show you the lease, the very one which Phormio pro- 
 duced, to which a clause is appended, stating that my father 
 owed eleven talents upon the deposits to Phormio. The 
 design of it, I apprehend, was this. The effects in the 
 dwelling house, as being my mother's dowry, he appropriated 
 to himself by means of the will, as you have just heard. 
 The money in the bank, which all persons knew of, and 
 which could not be concealed, he secured to himself by 
 declaring my father to be indebted to him, so that, whatever 
 was traced to his possession, he might say he had received in 
 payment. You perhaps have imagined, because he solecizes 
 in his speech, that he is a barbarian and a contemptible 
 fellow. He is indeed a barbarian in hating those whom he 
 was bound to honour; but, for villany and rascality, he yields 
 to no man. 
 
 Now take the lease, which they put in like the will by 
 means of a challenge. Read it. 
 
 LEASE OF THE BANK. 
 
 " Pasion has let the bank to Phormio upon the terms fol- 
 lowing, that is to say, that Phormio shall pay to the sons of 
 Pasion a yearly rent for the bank of two talents and forty 
 
 1 I agree with Pabst that sums in gross, and not annual rents, are 
 hereby bequeathed. The article seems to indicate particular sums 
 secured by mortgage ; and very likely they formed the marriage portion 
 received by Pasion with his wife. 
 
54 THE ORATIONS OF DEMOSTHENES. 
 
 minas, besides defraying the daily charges; and it shall not 
 be lawful for Phormio to carry on business as a banker inde- 
 pendently, without having first obtained the consent of the 
 sons of Pasion. It is hereby declared that Pasion owes eleven 
 talents to the bank upon the deposits." 
 
 This is the agreement, men of the jury, which Phormio 
 produced, and upon which he pretended to have taken a lease 
 of the bank. You learn from, its recital, that Phormio was 
 to pay, besides the daily charges, a yearly rent of two talents 
 and forty minas, and that he was not to be at liberty to carry 
 on banking business without having obtained our consent. 
 And the clause at the end says " Pasion owes eleven talents 
 on the deposits." Is there any man, I ask, who would have 
 submitted to have paid so large a rent for the counter and 
 the room and the ledger? Is there any one who, after 
 the bank had incurred so large a debt, would have entrusted 
 what remained to the person who occasioned that liability? 
 For, if there was such a large deficit, it was created during 
 Phormio's management. You are all aware that, when my 
 father carried on the banking business, Phormio was his 
 manager and sat at the counter : so that he ought rather to 
 be in the mill, 1 than to get the rest of the property into his 
 hands. But I pass by this, and a good deal else which I 
 might say about the eleven talents, to show that my father 
 never owed them, and that Phormio has fraudulently appro- 
 priated that sum. Let me recall to your recollection the 
 purpose for which I read the lease, namely, to prove the 
 falsehood of the will. There is a proviso, that it shall not be 
 lawful for Phormio to carry on business as a banker without 
 having first obtained our consent. This clause decidedly 
 proves the will to be a forgery. For let me ask would a 
 man who had taken precautions to secure to us his children, 
 and not to Phormio, the profits which Phormio might make 
 by banking, and therefore had expressly forbidden him to 
 
 1 A punishment inflicted upon slaves. So in Samson Agonistes : 
 Dost thou already single me ? I thought 
 Gyves and the mill had tamed thee. 
 
 ***** 
 To put out both thine eyes, and fetter'd send thce 
 Into the common prison, there to- grind 
 Among the slaves and asses thy comrades, 
 As good for nothing else. 
 
AGAINST STEPHANUS I. 55 
 
 bank on his own account, for fear of his separating his 
 interests from ours would the same man have provided that 
 his own earnings, which he was leaving in his house, should 
 some into Phormio's possession? He grudged him the trade 
 profits, of which it was no disgrace to allow him a portion; 
 yet he gave him his wife, which was a most disgraceful 
 bequest! He had obtained the gift of citizenship from you; 
 yet he gave his wife like a slave giving to a master, not like 
 a master giving to a slave, (which was the case, if he gave her 
 at all) ; and he gave with her such a marriage portion as no 
 man in the city was ever known to give ! Why, Phormio 
 might have been content with the hand of his mistress ; this 
 was honour enough for him, without anything more : and as 
 to my father, if he had even received as much money as 
 these people say he gave for doing such an act, he could not 
 have done it with propriety. However, that which the facts, 
 the dates, the probabilities of the case, show to be false, 
 Stephauus the defendant has not scrupled to bear witness to. 
 Then he goes about saying, that Nicocles has given evi- 
 dence that he acted as guardian under the will, and Pasicles 
 has given evidence that he was in wardship under the will. 
 It seems to me, these very facts establish that neither those 
 witnesses nor these have given evidence of the truth. For 
 Nicocles, who deposes that he acted as guardian under the 
 will, must of course know under what will he acted; and 
 Pasicles, who deposes that he was in wardship under the 
 will, must of course know under what will that was. For 
 what purpose then, Stephanus, did you and your co-deponents 
 tack the proof of a will to a challenge, instead of leaving 
 that proof to Nicocles and Pasicles ? If Nicocles and Pasicles 
 say that they do not know the contents of the will, how is it 
 possible for you to know them, who were never in any way 
 concerned in the matter ? But how comes it that some of 
 these witnesses have spoken to one thing and some to 
 another ? It is as I have already stated ; they divided the 
 fraud : there was no danger (the witnesses thought) in de- 
 posing, one, that he had acted as guardian under a will, 
 another, that he had been in wardship under a will, while 
 each of them omitted to state what had been written in the 
 Will by Phormio : there was no danger in a third deposing, 
 that his father had left him a document entitled " a will," or 
 
56 THE ORATIONS OF DEMOSTHENES. 
 
 anything of that sort. But to testify to the existence of a will, 
 involving plunder to such an enormous amount, corruption of 
 a lady, wedlock between mistress and slave, circumstances of 
 the foulest scandal and disgrace this was reserved for 
 Stephanus and his accomplices, dressing their evidence in the 
 guise of a challenge ; and from them I ought to obtain 
 redress for the whole of this wicked fraud. 
 
 That the falsehood of the evidence given by Stephauus 
 may be apparent to you, men of Athens, not only from my 
 charges and my proofs, but also from the acts of the person 
 who produced him as a witness, I will inform you what that 
 person has done. As I said in the outset of my speech, I 
 will show that they are their own accusers. In the cause in 
 which this testimony was given, Phormio pleaded a special 
 plea, alleging that my action was not maintainable because I 
 had released him from all claims. I myself know this to be 
 false, and I will prove its falsehood when my case comes on 
 against the witnesses to the release. Stephanus however is 
 not at liberty to say it is false. Should you then believe the 
 story of the release, it would be the strongest possible proof 
 that the defendant is a false witness, and has given evidence 
 of a fabricated will. For where is the man so senseless, as 
 to give a release in the presence of witnesses, in order to 
 make his discharge valid and binding, and yet to allow the 
 articles of agreement and the will and other documents, in 
 respect of which he gave the release, to remain sealed and be 
 kept as evidence against himself 1 The special plea therefore 
 contradicts all the testimony, and the lease which I read you 
 just now contradicts this will : no part of their story appears 
 to be either rational, or straightforward, or consistent with 
 itself; all of it is shown to be fictitious and fraudulent, 
 just what you might expect from this man's character. 
 
 That the evidence in the deposition is true, neither Ste- 
 phanus himself, I take it, nor any one else on his behalf, will 
 be able to show. I am told, however, that he is prepared 
 with an excuse of this kind j that he is responsible for a 
 challenge, not for a deposition ; and that he ought not to be 
 called to account for everything contained in it, but for two 
 things only whether Phormio gave me this challenge or not, 
 and whether I accepted it : to these things, he will say, his 
 evidence extended, and to nothing more ; the other matters 
 
AGAINST STEPHANUS I. 57 
 
 were the subjects of Phormio's challenge, but, whether they 
 are true or otherwise, is a question that he (the witness) has 
 nothing to do with. In answer to this impudent argument 
 it is better that I should say a few words to you beforehand, 
 that you may not in ignorance be misled. In the first place, 
 when he attempts to argue, that he is not responsible for the 
 whole contents of the deposition, remember, that it is on this 
 account the law requires people to give evidence in writing, 
 that they may not be at liberty either to strike out any part 
 of what has been written or to add anything to it. What he 
 now denies having deposed to, he should have required to be 
 erased at the time ; being in the deposition, he cannot impu- 
 dently repudiate it. And again, consider this whether you 
 would allow me in your presence to take the writing and 
 insert anything. Of course you would not. No more then 
 can you allow the defendant to strike out any of the contents. 
 For who would ever be convicted of false testimony, if he 
 might depose to what he pleased and be responsible for what 
 he pleased ? That is not the rule of law, nor ought you to 
 listen to such a thing. The plain and honest course is this 
 What is written down 1 what have you deposed to ? Show 
 that that is true. For example you have said in your 
 answer to the plaint " I gave true testimony, in testifying 
 that which is contained in the record" not " this or that in 
 the record." To show that it is as I say, take the plea itself, 
 and read it. 1 
 
 THE PLEA. 1 
 
 Apollodorus son of Pasion Stephanus son of Menecles 
 
 of Acharuse sues Stephanus of Acharnse says : I gave true 
 
 son of Menecles of Acharnae testimony, in testifying that 
 
 for false testimony : damages which is contained in the 
 
 a talent : Stephanus gave false record, 
 testimony against me in testi- 
 fying that which is contained 
 in the record. 
 
 This is what the defendant himself has pleaded. You 
 
 must keep it in your minds. The deceitful language that he 
 
 1 Such is the heading in the original dvnypa^. The two pleadings 
 together, the plaint on the left side, the plea on the right, form (as we 
 should say) the issue on the record. The deposition complained of 
 was annexed. 
 
THE ORATIONS OF DEMOSTHENES. 
 
 will presently address to you is not to be regarded as of equal 
 weight with the laws and the terms of his own plea. 
 
 I am informed that they mean to speak on the subject of 
 my original action, and to denounce it as vexatious, I have 
 already mentioned and explained to you, how Phormio con- 
 cocted the lease in order to get possession of the banking 
 stock; and I should not be able to speak of the other 
 matters and at the same time to establish my charge of false 
 testimony against these witnesses ; for my measure of water 
 is not sufficient. That you however could not fairly listen to 
 them on these matters, will be apparent to you, if you reflect, 
 that there is no difficulty in speaking now on subjects 
 on which no charge is made, and there was no difficulty 
 before in obtaining an acquittal by reading false depositions. 
 But no man will say that either of these courses is right. 
 That is right and fair, which I am about to propose : attend 
 and see. I say don't let them look now for the proofs, 
 which should have established my original case, and of which 
 they deprived me ; but let them show the testimony, by 
 which they deprived me of them, to be true. If, when I 
 bring my cause to trial, they require me to confute their 
 testimony, and when I proceed against them for false testi- 
 mony, they tell me to discuss my original claims, what they 
 contend for will neither be just nor for your interest. You 
 are sworn to decide, not questions upon which the defendant 
 asks for your judgment, but those only which are raised by 
 the action. The cause of action must be indicated by the 
 plaint ; and this in my case is a suit against this man for 
 false testimony. Don't let him travel out of the record to 
 discuss matters for which I am not suing him. If he is 
 impudent enough to attempt this, don't suffer it to be done. 
 I expect that, having no argument to offer on any point, 
 he will resort to this defence, that it is absurd for me, who 
 have been beaten on a special plea, to sue the witnesses who 
 gave evidence of a will ; and he will say that the jurors on 
 that trial, in finding a verdict for Phormio, relied rather on 
 the witnesses to the release than on the witnesses to the will. 
 I think, men of Athens, you are all aware, that it is your 
 practice to look at the facts of the case as much as at the 
 pleas which are pleaded about them. Now these witnesses, 
 by giving false evidence upon the facts of the case ; weakened 
 
AGAINST STEPHANUS. I. 59 
 
 my arguments on the special plea. And besides this, it 
 would be absurd, when they have all given false evidence, to 
 demonstrate who did the greatest damage, instead of each 
 proving the truth of his own evidence. The witness is not 
 to get off by showing that another person has done more 
 dreadful things than himself, but by proving his own evidence 
 to be true. 
 
 But that for which more than anything else the defendant 
 Stephauus deserves to die, men of Athens, I am about to tell 
 you, and I beg your attention. It is a shocking thing to 
 bear false witness against any one ; but to bear false witness 
 against your own kindred is a thing far more shocking, and 
 more deserving of indignation : a man capable of such a 
 thing violates not merely the written laws, but the ties of 
 natural affection. I shall show that Stephanus has been 
 guilty of this. For his mother is sister to my wife's father, 
 so that my wife is his first cousin, and his children and mine 
 are second cousins. Do you think the defendant, if he saw 
 his female relations driven by want to any mean employment, 
 would portion them off and give them in marriage, as many 
 have done ere now he that has borne false witness to prevent 
 their getting what belongs to them, and esteemed Phormio's 
 wealth as paramount to the bonds of relationship 1 To prove 
 the truth of these statements, please to take the deposition 
 of Dinias and read it, and call Dinias. 
 
 THE DEPOSITION. 
 
 " Dinias, son of Theomnestus, of Athmonia, deposes, that 
 he gave his daughter to Apollodorus to live in wedlock with 
 him according to law, and that he was never present when 
 Apollodorus released Phormio from all claims, nor ever heard 
 that he had done so." 
 
 Very like the defendant is Dinias, is he not, men of the 
 jury? 1 a person who, on account of his relationship, will 
 
 1 C'est h, dire, pour preu've qu'un parent ne doit pas deposer centre 
 son parent, meme suivant la verite", on va lire la deposition de Dinias, 
 qui n'a point voulu attester contre Etienne ce qu'il savoit e*tre veri- 
 table." Auger. 
 
 " Scilicet Diuias, ut Stephano parcat, de sol& rfj d^eVet loquitur, tacet 
 Tcfc Trepl TT)V Siad^K-rjv." Schiifer. 
 
 Is it not rather this that Dinias refuses to give the evidence which, 
 the plaintiff reads ; which he could hardly depose to, if he was a party 
 
60 THE ORATIONS OF DEMOSTHENES. 
 
 not give evidence even of the truth against the defendant for 
 his daughter and his daughter's children and me, his son-in- 
 law ! Stephanus has no such feeling ; he did not scruple to give 
 false evidence against us ; even his respect for his mother did 
 not restrain him from bringing want and beggary upon his 
 maternal relatives. 
 
 A most foul trick was played me while the cause was 
 going on, by which I was quite thunderstruck, men of the 
 jury. I will tell you what it was ; for it will give you a still 
 clearer insight into the baseness of this man's character, and 
 it will afford me some relief to unburden my griefs to you. 
 The deposition which most strongly established my case, 
 and which I thought was safe, I found gone from the box. 
 At the time I was so overwhelmed by the misfortune, I 
 could only guess that the magistrate had played me false and 
 broken open the box. Now however, from what I have since 
 heard, I find that the defendant Stephanus was bold enough 
 to steal it before the arbitrators, when I had got up to swear 
 a witness. To prove the truth of this statement, I will first 
 call as witnesses some of these men's partisans who saw the 
 thing done : for I scarcely think they will like to take an 
 oath of disclaimer. If they should be impudent enough to 
 do so, he shall read you a challenge, by which you will catch 
 them in open perjury, and will know all the same that the 
 defendant stole the deposition. A person who could commit 
 a theft as tool of another what do you think he would 
 do for himself, men of Athens? Eead the deposition, and 
 then this challenge. 
 
 THE DEPOSITION. 
 
 " Depose that they are friends and acquaintances of Phor- 
 mio, and were present before the arbitrator Tisias, when the 
 award was pronounced in the cause between Apollodorus and 
 Phormio, and they know of Stephanus having stolen the depo- 
 sition, which Apollodorus charges him with having stolen." 
 
 Either depose, or take the oath of disclaimer. 
 
 to the award, which, carried into effect the compromise between Apol- 
 lodorus and Phormio. See the speech for Phormio, page 949, (original) 
 Vol. IV. page 208, in my translation. It is true that this deposition 
 contains no direct evidence against Stephanus, who spoke not to the 
 release but to the will. Yet perhaps the orator may have thought it 
 answered his purpose to create confusion. 
 
AGAINST STEPHANUS 1. 61 
 
 [The oath of disclaimer]. 
 
 It was pretty certain, men of the jury, that they would do 
 this that they would promptly disclaim. To convict them 
 at once of perjury, please to take this deposition and chal- 
 lenge. Read. 
 
 THE DEPOSITION. THE CHALLENGE. 
 
 " Depose that they were present, when Apollodorus chal- 
 lenged Stephanus to give up his footboy to be examined by 
 torture concerning the theft of the document, and Apollo- 
 dorus was ready to draw up the conditions on which the 
 torture should be administered ; and, upon Apollodorus 
 giving this challenge, Stephanus did not choose to deliver up 
 the slave, but replied to Apollodorus, that he might go to law 
 if he pleased, if he thought he had sustained any wrong 
 from him." 
 
 Who upon such a charge, men of the jury, if he was con- 
 fident of his innocence, would not have accepted the torture ? 
 Then, by declining the torture, he is convicted of the theft. 
 Do you think a man would be ashamed of the reputation of 
 a false witness, who did not shrink from becoming a thief; 
 or that he would scruple to give false evidence at the request 
 of another, who volunteered to commit a fraud which no one 
 asked 1 
 
 Much as he deserves, men of Athens, to be brought to 
 justice for all these things, he merits punishment at your 
 hands still more for the rest of his conduct. Look at the 
 life which he has led, and judge. While Aristolochus, the 
 banker, enjoyed prosperity, the defendant used to walk with 
 him step by step, cringing and fawning upon him, as is 
 known to many of you who are sitting here. After Aristo- 
 lochus was ruined and lost his property, principally from 
 having been plundered by Stephanus and persons of that 
 sort, and when his son was in great distress, Stephanus 
 never assisted or stood by him, but he has received assist- 
 ance from Apolexis, Solon, any one rather than Stephanus. 
 Again, the defendant has paid court to Phormio, and 
 has become intimate with him, selecting him from all the 
 Athenians ; and he went out as commissioner for him to 
 Byzantium, when the Byzantines detained Phormio's vessels, 
 and pleaded his cause against the Chalcedonians, and he has 
 
62 THE ORATIONS OF DEMOSTHENES. 
 
 given false evidence against me in this flagrant manner. A 
 man who flatters the wealthy, and betrays them if they fall 
 into adversity, who, out of all the good and worthy citizens 
 of Athens, does not associate with one upon equal terms, but 
 willingly cringes to people like Phormio who does not mind 
 whether he injures any of his relations, or whether he falls 
 into bad repute for his conduct who, in short, cares for 
 nothing in the world but how to enrich himself ought you 
 not to detest such a man as the common enemy of all human 
 nature 1 I should think so. 
 
 This most disgraceful line of conduct he has adopted, men 
 of Athens, with a view to escape the public service and con- 
 ceal his property ; that he may make secret profits by means 
 of the bank, and avoid incurring choragic and trierarchal 
 expenses, or perform any other civic duty. And he has 
 accomplished this object : I will give you a proof. Although 
 he has an estate so large, that he gave his daughter a mar- 
 riage portion of a hundred minas, he has never been seen by 
 you to perform any official service, not the smallest. How- 
 much more honourable it would have been, to have shown 
 public spirit and zeal in the performance of his duties to the 
 state, than to have exhibited himself as a flatterer and a 
 false witness ! Unfortunately, the defendant is a person who 
 will do anything to get money. Your resentment, men of 
 Athens, should rather fall upon those who are rogues in 
 opulence, than those who are rogues in poverty. The latter 
 have some excuse from the pressure of necessity, in the eyes 
 of those who take a humane view of the matter : but rogues 
 who have plenty of means, like the defendant, can allege no 
 reasonable excuse for it, but it will appear that their conduct 
 proceeds from a covetous and grasping and overbearing 
 spirit, and from a desire to make their own leagues more 
 powerful than the laws. All these things, men of Athens, 
 are disadvantageous to you : it is for your interest, that the 
 weak should be able to obtain redress for his wrong from the 
 wealthy ; and he will be able, if you punish men (who for all 
 their riches) are thus flagrantly dishonest. 
 
 The airs which Stephanus affects, when he walks in a 
 sulky manner by the walls, must not be taken for proofs of 
 his modesty, but rather of his misanthropy. It appears to 
 me, that a man who has had no misfortune, who lacks none 
 
AGAINST STEPHANUS I. 63 
 
 of the necessaries of life, and yet habitually assumes this 
 demeanour, has made a calculation in his own mind ; he has 
 observed that those who walk in a simple and natural way, 
 and who wear a cheerful countenance, are accosted freely by 
 their neighbours, and one is not afraid to ask favours of them 
 or make demands ; but your .men of grave airs and sulky 
 looks one shrinks even from approaching. Such an exterior 
 then is but a mask of the real disposition, and in your case 
 it denotes the bitterness and brutality of your nature. Here 
 is the proof. Among all the multitude of Athenian citizens, 
 while you have enjoyed a fortune so much beyond your 
 deserts, to whose service have you ever contributed ? to whom 
 have you ever lent any aid, or done any kindness 1 ? You 
 cannot mention a single one. You have been lending money 
 at interest, and regarding the misfortunes and necessities of 
 other men as your own good fortune ; you have ejected your 
 uncle Nicias from his paternal house ; you have deprived 
 your own mother-in-law of her means of livelihood j and 
 you have made the son of Archidemus, as far as it depended 
 on you, a homeless outcast. No one ever levied a judgment 
 upon a defaulter so rigorously as you have exacted the 
 interest from your debtors. You see, men of the jury, how 
 savage and brutal he is upon all occasions ; and now that you 
 have caught him in the commission of a palpable offence, will 
 you not punish him'? Such forbearance would indeed be 
 shameful, and a failure of justice. 
 
 You ought to be no less indignant, men of Athens, at the 
 conduct of Phormio, who produced this man as a witness, 
 when you see his impudence and ingratitude. You all know, 
 I take it, that if, when he was for sale, a cook or an artisan 
 in any other trade had happened to purchase him, he would 
 have learned his master's business, and been very far re- 
 moved from the prosperity which he now enjoys. But as my 
 father, who was a banker, became his master, and taught 
 him reading and writing, and instructed him in his trade, 
 and put a large property under his management, he has 
 become wealthy; and he owes. all his present wealth to the 
 good luck of having come into our family. It is shocking 
 then heaven and earth it is worse than shocking, that 
 he should suffer those who made him a Greek instead of a 
 barbarian, a friend instead of a slave, and who were the 
 
64 THE ORATIONS OF DEMOSTHENES. 
 
 authors of all his prosperity, to languish in the extremity of 
 poverty, while he is rich and flourishing ; and that he should 
 have reached such a pitch of impudence, that he cannot 
 bring his mind to share with us the good fortune which we 
 shared with him. He has not scrupled to marry his mistress, 
 to live in wedlock with her who poured the sweetmeats 1 over 
 him when he was bought for a slave : he has not scrupled 
 to frame a clause giving himself a marriage portion of five 
 talents, besides the large property of which he has become 
 master by my mother having it in her custody for why do 
 you think he inserted that clause in the will "and the 
 other things which she has in my dwelling-house I bequeath 
 to Archippe?" While he has thus provided for himself, he 
 suffers my daughters to grow old maids in their father's 
 house, for want of a dowry. If Phormio had been poor, and 
 we had been wealthy, and anything had happened to me, as 
 in the ordinary course of nature is to be expected, the sons 
 of Phormio would have claimed my daughters in marriage, 
 the sons of a slave, that is, would have claimed the daughters 
 of the master ; for they are their maternal uncles, through 
 Phormio's having married my mother. As we are in bad 
 circumstances, however, he will not help to portion them off, 
 but talks about the amount of my property, and reckons it 
 up. This really is the strangest thing. To this day he has 
 never chosen to account to me for the money which he has 
 defrauded me of, but pleads that my actions are not main- 
 tainable ; while he charges against me what I have received 
 on the division of my inheritance. In other cases you see 
 slaves called to account by their masters : here you have the 
 reverse, a slave calling his master to account, and thinking 
 thereby to show him up as a rascal and a spendthrift. For 
 my own part, men of Athens, I judge by my external appear- 
 ance, and my habit of fast walking and loud talking, that I 
 am not one of those whom nature has favoured : for, that I 
 should annoy certain people without benefiting myself, is a 
 disadvantage to me in many respects : at the same time, as 
 I am moderate in all my personal expenses, it would appear 
 that I live a much more discreet life than Phormio and 
 others who resemble him. To the state, indeed, and in what 
 
 1 As to this custom upon the entrance of a newly purchased slave 
 into the house, see Becker's Charicies, Translation, page 368. 
 

 AGAINST STEPHANUS 1. 65 
 
 concerns you my fellow- citizens, I do everything in the hand- 
 somest way that I can, as you are aware : for I am not 
 ignorant that, although for you who are citizens by birth it 
 is sufficient to perform the public services as the laws require, 
 we who are created citizens should perform them in such a 
 manner as to display our gratitude to you. Do not then 
 reproach me, Phormio, for what rather deserves commenda- 
 tion : but show which of our fellow-citizens I have hired, as 
 you have, for prostitution. Whom have I deprived of the 
 political franchise, which was conferred upon myself, and of 
 the liberty of public speech ; as you have deprived the 
 person whom you dishonoured? "Whose wife have I cor- 
 rupted, as you have 1 Among others, men of the jury, this 
 execrable fellow seduced the woman, to whom he built the 
 monument near to that of his mistress at an expense of more 
 than two talents ; and he had not the sense to perceive that 
 a building of that sort would be a monument not of her 
 tomb, but of the injury which she had done to her husband 
 through him. You who are guilty of such acts you who 
 have given such public proofs of your outrageous conduct 
 do you dare to scrutinize the life of another man? You are 
 modest in the daytime, but in the night you do things which 
 are punishable with death. He is a knave and a rogue, men 
 of Athens, and such he has been ever since he left the temple 
 of Castor. 1 Here is the proof. If he had been honest, he 
 would simply have managed his master's affairs and re- 
 mained poor. But, having had money under his control to 
 so large an amount, that he could steal from it all that he 
 now possesses without discovery, he regards his present 
 fortune not as a debt which he owes, but as a patrimony 
 which he inherited. And yet by the gods ! had I taken 
 you off to prison as a thief caught in the act, with your 
 present property clapped upon your back supposing this to 
 have been possible and had I then required you, in case 
 you denied having stolen the money, to name the person 
 from whom you got it, to whom should you have referred as 
 the donor ? Your father did not give it you, nor did you 
 find it, nor had you obtained it from any other source when 
 you came into our family; for you were a barbarian when 
 we bought you. A pretty thing that you, who ought to 
 
 1 Near which there was a slave market. 
 VOL. V. P 
 
66 THE OEAT1ONS OF DEMOSTHENES. 
 
 have been publicly executed for your crimes, after having 
 saved your life, after having got the freedom of the city with 
 our money, after being permitted to beget brothers to your 
 own masters, should plead a special plea in two of my 
 actions of debt ! And again, that you should speak abusively 
 of me, and inquire into my father's origin ! Who would not 
 have been indignant at such usage, men of Athens 1 I take 
 it that, if I am bound to think less of myself than of all the 
 rest of you, I have at all events a right to think more of 
 myself than of Phormio ; and if he is not bound to humble 
 himself before any one else, he should at least humble 
 himself to me j for, granting that we are no better than you 
 would make us out to be, you, Phormio, were our servant. 
 
 Perhaps one of them will say, that Pasicles, though he is 
 my brother, makes none of the same complaints against him. 
 I will meet this objection, men of Athens, and with respect 
 to Pasicles (though I must first beg and entreat you to 
 pardon me, if I am no longer able to contain myself under 
 the outrages which I have received from my own slave) I 
 will not shrink from declaring, what till now I pretended not 
 to hear from the mouths of others. I consider Pasicles to be 
 my brother by the mother's side, but I am not so sure that 
 he is my brother by the father's side : I rather fear that the 
 wrong which Phormio has done us began with Pasicles. For 
 when he pleads the cause of a servant against his brother's 
 honour, and when he is so senseless as to treat with respect 
 those who ought to treat him with respect, what is the sus- 
 picion which naturally arises ? Don't let us hear any more 
 of Pasicles then : let him be called your son instead of your 
 master, and my adversary (for such he chooses to be) instead 
 of my brother. 
 
 I bid adieu to this man ; I have recourse to those whom 
 my father left me as my supporters and friends I mean, to 
 you, men of the jury. And I pray and beseech and implore 
 you do not leave me and my daughters to become through 
 poverty a laughing-stock to my own slave and his flatterers. 
 My father presented you with a thousand shields, and made 
 himself serviceable to you in many ways, and five times per- 
 formed the duty of trierarch, voluntarily equipping his 
 galleys and manning them at his own cost. And I remind 
 you of these things, not because I regard you as under obli- 
 
AGAINST STEPHANUS I. 67 
 
 gation to me, (for it is I who am under obligation to you,) 
 but that I may not be treated, without your knowing it, in a 
 manner unbefitting my deserts ; which would not be honour- 
 able to you any mere than to myself. 
 
 I could say a great deal about the insults which I have 
 undergone, but I see that the water in my glass is not suffi- 
 cient. I will tell you what is the best way to comprehend 
 the magnitude of my wrongs. You must each of you con- 
 sider what servant you left at home, and then imagine that 
 you have suffered from him the same treatment which I have 
 suffered from this man. No matter if his name is Syrus or 
 Manes or some other, and this man's name Phormio. The 
 thing is the same they are slaves, and this man was a slave; 
 you are masters, and I was a master. Consider then, that I 
 am now entitled to the satisfaction which each of you would 
 look for ; and, for the sake of v the laws and the oaths which 
 you have taken as jurors, punish the man who has deprived 
 me of satisfaction by giving false testimony; punish him, 
 and make him an example to others, remembering all that 
 you have heard from me, and keeping it in mind, if they 
 attempt to mislead you, and meeting him at every point; 
 and if they say that they have not borne witness to all the 
 facts, ask them these questions " what is written in the de- 
 position 1 why did you not strike it out at the time ? what 
 is the plea left with the archons ? " If they say that one 
 person has deposed, that he was under guardianship accord- 
 ing to a \rill another, that he acted as guardian under it 
 a third, that he has it in his custody ask them " what 
 will 1 what are its contents ? " for none of the other wit- 
 nesses has deposed to what these have. Should they set up 
 a whining, remember that the injured party is more de- 
 serving of compassion than the guilty. If you take this course, 
 you will at the same time give me redress, and restrain the 
 base adulation of these people, and satisfy your own consciences 
 by a righteous verdict. 
 
68 THE ORATIONS OF DEMOSTHENES. 
 
 THE ORATION AGAINST STEPHANUS II. 
 
 I PRETTY well suspected, men of the jury, that my opponent 
 Stephanus would find something to say in defence of his 
 testimony ; and that he would endeavour to mislead and 
 deceive you, by saying, that he has not bonie witness to 
 everything mentioned in the deposition. He is a crafty 
 fellow, and Phormio has many persons to compose speeches 
 for him and advise him. And besides, it is natural that men 
 who determine to give false testimony should from the first 
 prepare the means of supporting it. However, I pray you to 
 bear this in mind for you must have remarked it as well as 
 myself that in the whole course of his address to you he 
 called no witnesses to prove, either that he was himself 
 present when my father made this will, so as to know 
 that this is a copy of my father's will, or that he saw the 
 document opened which they declare to have been the testa- 
 mentary paper left by my father. When however Stephanus 
 has given evidence, that the copy set forth in the deposition 
 is a copy of Pasion's will, and yet that he cannot prove 
 either that my father made the will in question, or that he 
 himself was present and saw my father making it, can there 
 be a doubt that he is manifestly convicted of false testimony ? 
 If he contends that it is a challenge, and not a deposition, 
 he says what is not true. All evidence which parties produce 
 to the court when they challenge each other is produced 
 through the medium of depositions. You would not know 
 whether their respective statements were true or false, unless 
 witnesses were called in support of them. When witnesses 
 are called, you rely on them as being responsible, and so 
 from the statements and the evidence you arrive at such 
 verdict as you think just. I will clearly prove to you 
 that the deposition in question is not a challenge, and I will 
 show you how they ought to have deposed, if the challenge 
 was ever given, which it was not "They depose that they 
 were present before the arbitrator Tisias, when Phormio 
 
AGAINST STEPHANUS II. 69 
 
 challenged Apollodorus to open the document which Amphias, 
 the brother-in-law of Cephisophon, produced, and Apollodorus 
 declined to open it." If they had framed the deposition in 
 this way, their evidence might have been credible. But to 
 depose, that the writing which Phormio produced was a copy 
 of Pasion's will, without their having been present when 
 Pasion made his will, and without their knowing whether he 
 made one at all don't you think it a consummate piece of 
 impudence ? 
 
 Should he say, that he believed this to be true because 
 Phormio said it was, remember that the same person who 
 believes this on Phormio's word is likely to bear witness to it 
 at his request. The laws however say something very different. 
 They require that a man shall bear witness to what he knows, 
 and to what he was present at and saw done, and that his 
 testimony shall be committed to writing, so that there may 
 be no means of subtracting anything from or adding any- 
 thing to it. Hearsay evidence they do not allow from a 
 living person, but only from a deceased. Those who are ill 
 or out of 'the country may give evidence in writing without 
 attendance ; and, in case of such evidence being impeached, 
 the absent witness and the witness who verifies his deposition 
 are both to be made defendants in the same suit, so that, if 
 the absent witness acknowledges his evidence, he may be re- 
 sponsible for the false testimony, and, if he does not acknow- 
 ledge it, those who verified his deposition may be responsible. 
 Now my opponent Stephanas, without either knowing that 
 my father left a will, or having ever been present when my 
 father made one, but taking Phormio's word for it, has given 
 hearsay evidence which is false, and in a manner contrary 
 to law. 
 
 To prove the truth of what I say, he shall read you the 
 law itself. 
 
 THE LAW. 
 
 " It shall be lawful to depose to hearsay from a deceased 
 person, and to certify the deposition of a person who is out 
 of the country or ill without such person's attending." 
 
 I will show you also, that he has given evidence contrary 
 to another law; and you will see, that Phormio, having no 
 escape from his grave delinquencies, has made a pretence of 
 the challenge, and has really given evidence for himself 
 
70 THE ORATIONS OF DEMOSTHENES. 
 
 under the cover of these men's testimony, by means of which 
 the jury were deceived, supposing they were witnesses to the 
 truth, and I was robbed of the property which my father had 
 left ine and the redress which I ought to have had for my 
 wrongs. Let me tell you then the laws do not allow a man 
 to be his own witness either in actions or upon indictments 
 or audits. Phormio however has been his own witness, when 
 these men say that they have given this testimony from 
 what he told them. That you may be perfectly convinced, 
 you shall hear the law itself. 
 
 THE LAW. 
 
 "The parties to a cause shall be compelled to answer 
 questions to each other, but they shall not give testimony." 
 
 Now consider another law which I am about to read, 
 which declares that a suit for false testimony shall be main- 
 tainable on this ground also, namely, for giving testimony 
 contrary to law. 
 
 THE LAW. 
 
 " A suit for false testimony shall lie against a witness on 
 this ground simply, that he has given testimony contrary to 
 law; and likewise against the party who produced him." 
 
 You may see further from the tablet on which the deposi- 
 tion is written, that he has given false evidence. For it is 
 whitened and was prepared at home. But it is only witnesses 
 to facts, whose depositions ought to be prepared at home : 
 those who witness challenges, who are only accidentally pre- 
 sent, should have their depositions written on wax, so that, 
 if you want to add or erase anything, it may be easily done. 1 
 
 1 In note 12 to Scene IX. of the Charicles, where this passage is 
 referred to, we read 
 
 " The word fjui\di] is explained by Harpocration, Photius, Hesychius, 
 and Suidas, to be fj.efjLa.Xay/iievos Krjpbs, and we may readily suppose 
 that the wax was mixed with something to make it less brittle. Suidas 
 also mentions ffK\i)p6Kripoi SeAro/, which would better preserve the 
 writing on them; /j.6\is p^v ypaQovrai, SiaTijpovffi 8e rot. ypafyiyra.. These 
 wax tablets were used only for letters, and matters of no permanent 
 moment." 
 
 The whole of that Scene (on the subject of Wills) should be perused. 
 And the reader may further consult Articles Album, Atramentum, 
 Liber, Martyria, in the Archseological Dictionary. 
 
 I subjoin Pabst's translation : 
 
 "Schon aus der Schrift, worin das Zeugniss aufgezeichnet ateht, 
 
AGAINST STEPHANUS II. 71 
 
 All these things clearly prove that Stephanus has given 
 false evidence, and given it contrary to law. But I will 
 show you something more I will show that my father 
 neither made a will nor could make one lawfully. If you 
 were asked what laws we are bound as citizens to observe, 
 yoi would reply of course, the established laws. However, 
 the laws positively declare, that even a law shall not be pro- 
 posed in relation to a particular man, unless it applies also to 
 the whole Athenian people. This law then commands us to 
 Iiv3 as citizens according to the same laws, not according 
 to different laws. But my father died in the archonship of 
 Dysnicetus, and Phormio became an Athenian citizen in the 
 archonship of Nicophemus, ten years after my father's death. 
 How could my father, without knowing that Phormio would 
 be an Athenian citizen, have given him his own wife in 
 martiage, and by such act have insulted me, shown his 
 contempt of the honour which he had received from you, and 
 disregarded the laws 1 And which would have been the wiser 
 course for him to adopt to do this in his lifetime, if he de- 
 sired it or to leave at his death a will which he had no right 
 to make 1 } You shall hear the laws themselves, and you will 
 see from tVem that Pasion had no right to make such a will. 
 Read the lay. 
 
 THE LAW. 
 
 " Any ci'izen (with the exception of such as had been 
 adopted when Solon became archon, so as neither to renounce 
 nor to claim his inheritance) l shall be at liberty to dispose 
 
 kann erkana'i werclen, dass er hierin falsch gezeugt habe, well diese auf 
 weissen Papiei geschrieben und von Hause zu diesem Zwecke mitge- 
 brachtwar. Es^urfen zwarDiejenigeu, welche vollzogene Handlungen 
 bezeugen, die Ze.^ n i sge fertig von Hause mitbriugen und auf diese 
 Weise zeugen : D*>jenigen aber, welche geschehene Aufforderungen 
 und Vorladungen bt, e ugen sollen, wenn sie nur dureh einen Vorfall 
 Augenzeugen derselbt-, geworden sind, auf Wachstafeln das Zeugniss 
 schreiben, damit, wenu man Etwas dazuschreiben oder wegstreichen 
 will, Diess leicht gescheL n koune." 
 
 1 These obscure words re differently interpreted by Reiske, whom 
 Pabst follows : 
 
 " So dass sie weder Jema^ en ausschliessen, noch gesetzliche An- 
 spriiche auf eine Heirath mach n konnten." 
 
 It would seem that the exertion in the law applies to cases of 
 family adoption, and the orator interprets it (wrongly, I should think,) 
 as applying to the case of creai^ citizens. The ambiguous word 
 voitiffQai favours his misconstructio. 
 
72 THE ORATIONS OF DEMOSTHENES. 
 
 of his own property by will as he pleases, if he has no male 
 children lawfully born, unless his mind is impaired by lunacy 
 or dotage, or by drugs or disease, or unless he is under the 
 influence of a woman or some illegal motive, or under con- 
 straint or durance." 
 
 You have heard the law, which does not allow any man to 
 make a will, if he has lawfully born sons. These witnesses 
 say that my father made the will in question, but they 
 cannot show that they were present when he executed it. It 
 is right you should observe also, that it is to those who were 
 not adopted, but lawfully born citizens, that the law gives 
 the right, in case of their being childless, to dispose of their 
 property by will. My father however had been adopted as a 
 citizen by the people, so that even on this account it was not 
 lawful for him to make a will, especially concerning his wffe, 
 of whom he was not even the lawful guardian j and besides 
 that, he had children. Consider again, that, even if a man 
 is childless, he is not competent to dispose of his property, 
 unless he is of sound mind. If he is labouring under the 
 effects of disease or drugs, or under a woman's influence, or 
 in a state of dotage or lunacy, or under any constraint, the 
 laws declare him to be incompetent. See now if the will, 
 which these witnesses say my father made, appears to you 
 to be the act of a reasonable man. Take the base for an 
 example, and nothing else. Is it consistent, think you, with 
 the conduct of a man, who refused permission to Phormio to 
 carry on business in connexion with us, that he should give 
 him his wife in marriage, and suffer him to become partner 
 with himself in paternity 1 Don't be surprised that, while 
 they were arranging everything else in the leai^ very nicely, 
 this one thing escaped their observation. Perhaps they never 
 thought of anything but this, how to rob ^e of my money 
 and to set down my father as debtor to tfc bank ; and then 
 they never dreamt that I should be clev?' enough to examine 
 these things minutely. 
 
 Look now at the laws, to see frc* 1 whom they require 
 betrothals to be obtained ; that yqf' ma 7 l earn from them 
 also, that the defendant Stephanu/has been a false witness 
 to a fabricated will. Read. 
 THE 
 
 " The children of that worn? 1 sna ll be deemed legitimate, 
 
AGAINST STEPHANUS II. 73 
 
 who has been affianced for lawful wedlock either by her 
 father, or by her brother by the father's side, or by her 
 paternal grandfather. In case there be none of these relatives, 
 if a woman be an heiress, her guardian shall take her to 
 wife ; if she be not an heiress, that man shall be her guardian, 
 to whom she chooses to entrust herself." 
 
 You have heard what persons this law has made guardians 
 of women. That my mother had none of these, my adver- 
 saries themselves have borne witness. For, if there had been 
 any, they would have brought them forward. Or do you 
 think they would have produced false witnesses and a ficti- 
 tious will, and would not have had a brother or a father or 
 a grandfather forthcoming, if it could have been done for 
 money? As none of these relatives appears to have been in 
 existence, it follows of course that my mother was an heiress. 
 See then whom the laws appoint to be the guardians of an 
 heiress. Read the law. 
 
 THE LAW. 
 
 " If a son is born of an heiress, two years after he has 
 attained his puberty 1 he shall enter into possession of the 
 estate, and he shall pay alimony to his mother." 
 
 The law then declares, that the sons, when they have 
 arrived at manhood, shall be their mother's guardians, and 
 shall provide alimony for their mother. It is shown that 
 I was out on a campaign and commanding a ship in your 
 service, when Phormio became my mother's husband. To 
 prove that I was absent in command of a ship, and that my 
 father had been dead some time, when Phormio married, and 
 that I demanded the female slaves of him and required that 
 they should be examined by torture upon this very point, 
 namely, whether what I am now asserting is true, and that I 
 gave him a formal challenge to prove this, I say, please to 
 take the deposition. 
 
 THE DEPOSITION. 
 
 " Depose that they were present when Apollodorus 
 challenged Phormio, that is to say, when Apollodorus re- 
 quired Phormio to give up the female slaves to be examined 
 by torture, if Phormio denied that he had seduced his mother 
 
 1 When he has attained his eighteenth year, and become an Ephebus. 
 (Becker's Charicles, Translation, page 238.) 
 
74: THE ORATIONS OF DEMOSTHENES. 
 
 before the time whenrPhormio declared that he had married 
 her under the sanction of Pasion's will. And, on Apollo- 
 dorus giving this challenge, Phormio refused to deliver up 
 the female slaves." 
 
 In connexion with this read the law, which commands 
 that there shall be an adjudication of all heiresses, whether 
 alien or citizen ; and that in the case of citizens the archon 
 shall have the jurisdiction and superintendence ; in the case 
 of resident aliens, the polemarch ; and it shall not be lawful 
 for any one to obtain an inheritance or an heiress without 
 adjudication by the court. 
 
 THE LAW. 
 
 "The archon shall appoint 1 days for the trial of claims to 
 inheritances and heiresses every month in the year, except 
 Scirophorion ; and no person shall obtain an inheritance 
 without an adjudication by the court." 
 
 He ought therefore, if he wished to proceed regularly, to 
 have commenced his suit for the hand of the heiress, whether 
 he founded his claim on a gift or on consanguinity : (if he 
 claimed her as being of civic birth, his suit should have been 
 to the archon, if as an alien, to the polemarch :) then, if he 
 had any good ground for his claim, he might have convinced 
 the persons who were drawn on the jury, and by their sen- 
 tence and under the authority of the laws have obtained 
 possession of her hand. This is what he ought to have 
 done ; not to have made laws for himself and proceeded 
 according to his pleasure. 
 
 Now consider the following law, which gives validity to a 
 will made by a father, though he has legitimate sons, if the 
 sons die before they arrive at manhood. 
 
 THE LAW. 
 
 " Whatsoever will a father makes during the existence of 
 legitimate sons, such will shall take effect, if the sons die 
 within two years after the age of puberty." 
 
 As then the sons are alive, the will, which these men say 
 my father left, is invalid, and Stephanus the defendant has 
 borne false witness contrary to all the laws, in saying that 
 the document in question is a copy of Pasion's will. How 
 
 1 The magistrate is said K\t)povv SlKijv, as the suitor Aayx J/et *' St/crji'. 
 See Schomann, Att. Proc. p. 610. 
 
AGAINST STEPHANUS II. 75 
 
 do you know it was, Stephanas'? Where did you see my 
 father make the will 1 You are shown to have been guilty of 
 foul practices with respect to the will, to have given false 
 evidence yourself without scruple, to have stolen the deposi- 
 tions which were evidence of truth, to have imposed upon 
 the jury, to have entered into a conspiracy to defeat justice. 
 And by the laws of Athens an indictment lies for such 
 conduct. Read me the law. 
 
 THE LAW. 
 
 " If any man shall enter into a conspiracy, or lend his aid 
 to bribe the court of Helisea or any of the courts of justice 
 at Athens or the Council, by giving or receiving money for 
 a corrupt purpose, or shall form an association for the putting 
 down of the democracy, or being a public advocate shall 
 receive money in any cause either of a public or private 
 nature ; an indictment shall lie for any such act before the 
 Judges." 
 
 I should be glad to ask you, men of the jury, with refer- 
 ence to all these matters, according to what laws you are 
 sworn to give your judgment whether according to the laws 
 of the commonwealth, or according to the laws which 
 Phormio enacts for himself. I produce before you these 
 laws of the commonwealth, and I prove to you that both 
 these men have transgressed them Phormio, by having 
 wronged me in the beginning, and cheated me of the money 
 which my father left me, and which he leased to Phormio 
 together with the bank and the manufactory Stephanus the 
 defendant, by having given false evidence, and given it con- 
 trary to law. 
 
 It is right you should consider this also, men of the jury 
 that no one ever makes a copy of a will. People make 
 copies of agreements, that they may know their contents and 
 not violate them; but not of wills. It is on this account 
 that people keep wills by them until their death ; that no one 
 may know how they dispose of their property. How then do 
 you persons know, that what is contained in this document is 
 a copy of Pasion's will ? 
 
 I beseech and implore you all, men of the jury, to give me 
 redress, and to punish these persons who have so recklessly 
 given false testimony, as well for your own sakes as for mine, 
 and for the sake of justice and the laws. 
 
76 THE ORATIONS OP DEMOSTHENES. 
 
 THE 
 
 ORATION AGAINST ETJERGUS AND MNESIBULUS. 
 
 THE ARGUMENT. 
 
 THIS was a proceeding against the above-named defendants for having 
 given false testimony upon a trial between the present plaintiff and 
 Theophemus, in which, those parties having come to blows, and 
 cross-actions having been brought, the question was who had com- 
 mitted the first assault, and the present defendants, who were 
 brother and brother-in-law of Theopheraus, deposed that Theo- 
 phemus had tendered a female slave, who saw the affray, to be exa- 
 mined by torture, and the present plaintiff had declined to receive 
 her. The plaintiff now calls witnesses to prove the falsehood of the 
 evidence, and insists upon this among other proofs of its falsehood, 
 that he had challenged Theophemus both in the other action of 
 assault and in the present case to give up the female to the torture, 
 and in both cases the offer had been refused. 
 
 The greater part of the plaintiff's speech is occupied in detailing the 
 proceedings, out of which the quarrel arose ; which are only so far 
 relevant to the cause before us, as they serve to exhibit the animus 
 of the parties to each other, and to throw light upon their motives 
 and the degree of credit to which they might be entitled. The cir- 
 cumstances however are interesting in themselves, as being connected 
 with the subject of the trierarchy and some points of Athenian law. 
 I cannot do better than introduce them to the reader in the words 
 of JBockh, taken from the fourth book of his Public Economy of 
 Athens : 
 
 " It happened that in Olymp. 105-4, there was no ship's furniture in 
 the Athenian docks, the old ship's furniture not having been returned 
 by the former trierarchs ; and there were neither sails nor tackling 
 to be bought in the Piraeus in sufficient quantities ; therefore by a 
 decree of Chaeredemus the payment of the money due was required, 
 and the names of the debtors were delivered in by the overseers of 
 the docks to the overseers of the Symmorige, and to the trierarchs 
 whose ships were then about to sail. By the law of Periander it had 
 been ordered, that the overseers of the Symmoriae should receive the 
 names of those who were indebted for the ship's furniture, and 
 appoint ^certain persons to collect the money for the use of the trier- 
 archs. The names of the debtors were engraven upon tablets, and 
 all disputes arising between the parties were brought before the 
 court of justice by the clearing officers, (whose duty it was to despatch 
 
AGAINST EUERGUS AND MNESIBULUS. 77 
 
 the fleet,) and by the overseers of the docks. Any person who had 
 received ship's furniture was obliged to deliver it up according to 
 the inventory either at Athens, or to his successor who was sent from 
 the Symmoria. At this time any person's property could be confis- 
 cated, if he did not surrender the ship's furniture, or transfer his own 
 by sale to his successor, who probably had power to distrain the pro- 
 perty of the former." 
 
 Theophemus was one of the trierarchs who had not returned the ship's 
 furniture which he had received from the public scores, and the 
 plaintiff being both a trierarck and overseer of a Symmoria, or navy- 
 board, it became his duty to call upon Theophemus to return this 
 public property or pay the value of it. He did so, and, his dem aid 
 not being complied with, he obtains first the verdict of a jury-court, 
 and afterwards an order of council, authorising him to distrain upon 
 the effects of Theophemus; he then proceeded to his house, and 
 made a fresh demand, showing the order of council ; not getting pay- 
 ment, he attempted to take a distress ; Theophemus resisted, and 
 they came to blows, Theophemus (as the plaintiff asserts) having 
 struck the first blow. The plaintiff carries his complaint to the 
 council, by whose direction he prefers articles of impeachment 
 against Theophemus for having assaulted him in the performance of 
 his duty. I have already commented on this proceeding in volume iii. 
 page 363. The moderate fine of twenty five drachms, imposed by 
 the Council, is said by the plaintiff to have been consented to by him, 
 upon the friends of Theophemus undertaking that he should refer 
 the question of private damage to an arbitrator of the plaintiff s own 
 choosing. 
 
 The plaintiff then went out with the fleet. Upon his return to Athens, 
 as Theophemus declined to submit to the promised reference, the 
 plaintiff commenced an action against him, which was met by a cross- 
 action brought by Theophemus. Both were sent to an official Arbi- 
 trator; but on the day appointed for the award Theophemus obtained 
 an adjournment by means of an affidavit, and at the same time put 
 in a special plea to the plaintiff's action. The effect of tl is was that 
 the trial of the plaintiff's action was postponed, and that brought by 
 Theophemus came on for trial first, the plaintiff not resorting to any 
 dilatory plea. Theophemus obtained a verdict for 1,100 drachms, 
 chiefly (as the plaintiff declares) by means of the false testimony of 
 Euergus and Mnesibulus, which led the jury to believe that he hud 
 shrunk from the strong test of the truth. The loss of the verdict 
 was attended with the penalty of 183 drachms 2 obols, being the 
 epobelia or sixth part of the damages claimed in the plaintiffs action, 
 and also 30 drachms for the court fees ; making a, total of 1,313 drachms, 
 2 obols. 
 
 Indignant at this result, the plaintiff instantly commenced proceedings 
 against the false witnesses; the conviction of whom was indeed 
 necessary to get the verdict in the cross-action set, aside : not being 
 able however to pay the above-mentioned sum to Theophemus 1 y the 
 appointed day, (for it seems that he had again been uotninati d as 
 trierarch, and was called upon to defray certain expenses in that 
 capacity,) he requested Theophemus to give him fuither time. This 
 
78 THE ORATIONS OF DEMOSTHENES. 
 
 was granted ; but the granting of it was a trick on the part of Theo- 
 phemus ; for a short time afterwards, when the plaintiff had provided 
 the money, and desired Theophemus to come with him and receive 
 payment at the bank, Theophemus, making some excuse, proceeded 
 that very day to the plaintiffs house and farm in the country, and 
 distrained his goods and chattels, committing gross outrages, in 
 which he was assisted by Euergus and others. The following day 
 
 and costs, afid then demanded restitution of the distress ; which Theo- 
 phemus refused to give unless the plaintiff' released both him and the 
 witnesses from all causes of action which' he had against them. Even 
 after this payment, Euergus went again to the farm and took more 
 goods in execution. Among other outrages that were committed 
 was a violent assault by Theophemus 1 and Euergus upon an old nurse 
 of the plaintiff, who had endeavoured to prevent their taking a 
 goblet, and who six days afterwards died of the ill-usage which she 
 had received. These subsequent transactions are related by the 
 plaintiff, to prove the motive of his opponents, and raise a prejudice 
 against them -in the minds of the jury. 
 
 The loose and feeble style of this oration, its garrulity and tiresome 
 repetitions, have induced the best critics, as Clinton, Bekker, Bockh, 
 and Schafer, to pronounce it unworthy of Demosthenes, and attribute 
 its authorship to one of his contemporaries. It is chiefly useful as 
 giving information upon Attic usages. 
 
 With respect to the proceedings upon the cross-actions and the questions 
 arising thereupon, the reader may consult Meier and Schomann, Attic 
 Process, 651, 698 ; and Bockh, Public Economy of Athens, Transl. ii. 
 81, &c. 
 
 I ADMIRE the wisdom of the laws, men of the jury, which 
 allow another chance after a trial by the proceeding for false 
 testimony, so that, if any one has deceived the jurors by pro- 
 ducing false witnesses or challenges which never were offered 
 or depositions made contrary to law, he may be none the 
 better for it, but the injured party may impeach the testi- 
 mony in an action, and come into court and show that the 
 witnesses have given false evidence upon the case, and thus 
 at the same time obtain satisfaction from them and hold the 
 party who put them forward liable for subornation. And on 
 this account the penalty is made less to the plaintiff in the 
 event of his not succeeding, in order that injured parties 
 may not by the magnitude of the penalty be deterred from 
 proceeding against witnesses for false testimony, while a heavy 
 punishment is provided for the defendant, in the event of his 
 being convicted and thought by you to have given false 
 evidence. And justly, men of the jury. For it is because 
 you have looked at the witnesses and put confidence in their 
 
AGAINST EUERGUS AND MNESIBULUS. 79 
 
 testimony, that you pronounce your verdict in accordance 
 with it ; and therefore, to prevent your being deceived, and 
 to protect the suitors against wrong, the legislator made the 
 witnesses responsible. I beseech you to give me a favourable 
 hearing while I relate the facts from the beginning, that you 
 may see by them how grievously I have been wronged, how 
 the jurors were deceived, and what falsehoods these men 
 deposed to. 
 
 I would much rather, if possible, have kept out of litigation 
 entirely : if I am forced to come into court, it is more 
 agreeable to appear against persons, who are not iinknown to 
 you. In the present case I shall have to give more time to 
 the exposing of these men's character than to proving the 
 falsehood of the deposition. That the evidence which they 
 have deposed to is false, the defendants, as it seems to me, 
 prove by their own conduct, and I have no occasion to pro- 
 duce any other witnesses than themselves : for when they 
 might by their own act and deed have established the truth 
 of their evidence, and thus have got rid of all trouble and 
 avoided the risk of a trial, they declined to do so ; they have 
 not chosen to deliver up the female, whom (according to their 
 evidence) Theophemus was ready and willing, and offered 
 before the arbitrator, Pythodorus of Cedse, to deliver up, but 
 whom in fact I demanded for examination, as the witnesses 
 who were then present testified in court, and as they will 
 testify before you now. And Theophemus has taken no pro- 
 ceedings against them, and does not sue them for false testi- 
 mony, we may presume because their testimony was true. 
 
 The defendants, indeed, almost admit in their deposition, 
 that I was desirous of receiving the woman for examination, 
 and that Theophemus asked me to postpone it, and that 
 I was unwilling. However, it is of this woman, whom I 
 desired to examine, and whom Theophemus offered to deliver 
 up, as the defendants say, but whom no one ever saw person- 
 ally present, either then before the arbitrator, or afterwards 
 in court, or anywhere else when an offer was made to deliver 
 her up it was of her that these witnesses deposed, that 
 Theophemus was willing to give her up and made an offer to 
 do so ; and the jurors thought that their deposition was true, 
 and that I shrank from the proof which her evidence would 
 have afforded on the question of assault, namely, which party 
 
80 THE ORATIONS OF DEMOSTHENES. 
 
 struck the first blow ; for that is assault. 1 Is it not clear 
 that these witnesses must have given false evidence, when 
 even now they dare not deliver up the body of the woman, 
 as they said Theophemus offered to do, and as they stated in 
 evidence for him they dare not take a course by which the 
 truth of their testimony would receive actual confirmation, 
 by which they (the witnesses) would get rid of the trial, upon 
 Theophemus giving up the woman, and she would be put to 
 the question respecting the assault, for which I sue Theo- 
 phemus, (for he would only be giving her up now instead of 
 then,) and the test of the truth would be obtained by those 
 very means which Theophemus then lauded in order to de- 
 ceive the jury ? For he said on the trial for the assault, that 
 the witnesses who were present at the transaction, and testified 
 to what had taken place by a deposition in writing according 
 to law, were false witnesses suborned by me, and that the 
 woman who was present would speak the truth, not by deposing 
 to a statement on paper, but by the strongest kind of evidence, 
 given under examination by torture, and would thus show 
 which of the parties struck the first blow. This statement, 
 by which he deceived the jury, (for he made the assertion 
 boldly and called witnesses to prove it,) is now shown to be 
 false : for he dares not deliver up the person of the woman, 
 which the witnesses have said he was willing to deliver up, 
 but he rather chooses that his brother and his brother-in-law 
 shall take their trial on a charge of false testimony, than that 
 he should deliver up the body of the woman, and get out of 
 
 1 So in our law, in an action for assault and battery, it is a good plea 
 to plead, " that the plaintiff first assaulted the defendant, who neces- 
 sarily committed the alleged assault in his own defence." This was 
 anciently termed a plea of son assault demesne, i.e. that it was the 
 plaintiff's original assault, an expression very similar to the %>xetf 
 Xeipvv aS'iKcav of the Athenians. In answer to this plea the plaintiff 
 may show, that the defendant used greater violence than was necessary 
 for self-defence; which used to be called in pleading language excess. 
 In issues upon such questions, where a severe injury has been inflicted, 
 it is always incumbent on the defendant to show that it was not wilful 
 on his part; that he intended to act in self-defence. In a case of 
 mayhem, or maiming, Lord Holt laid down the law thus "If A. 
 strikes B., and B. strikes again, and they close immediately, and in the 
 scuffle B. maims A., that is son assault demesne; but, upon a little blow 
 given by A. to B., if B. gives him a blow that maims him, that is not 
 ton assault demesne." 
 
AGAINST EUERGUS AND MNESIBULUS. 81 
 
 his trouble in a fair and just way, not by talking and petition- 
 ing, and taking the chance of getting off by deceiving you : 
 and this course he persists in, notwithstanding my repeated 
 challenges and demands to have the woman given up ; 
 although I asked at the time to have her for examination, 
 and likewise after the trial, and when I paid them, and as well 
 in my action for assault against Theophemus, as at the hearing 
 before the magistrate in the suit for false testimony : and 
 these men affect ignorance of the whole matter, and, while 
 they give lying testimony about it, refuse in point of fact to 
 deliver the woman up ; for they well knew that, if she were 
 put to the torture, they should be proved to be the injuring 
 and not the injured parties. 
 
 To prove the truth of these statements, he shall read you 
 the depositions which relate to them. 
 
 [The depositions.] 
 
 That I have repeatedly challenged them, and that, not- 
 withstanding my request to have the woman for examination, 
 I could never get her delivered up, has been proved to you 
 by witnesses. I will now give you ample proof by circum- 
 stantial evidence, that their testimony was false. If it were 
 true, as they stated, that Theophemus made the challenge 
 and offered to deliver up the person of the female, surely 
 these men would not have had two witnesses only to the 
 fact, the brother and brother-in-law ; they would have pro- 
 duced many more. For the arbitration took place in the 
 court of Helisea, where the arbitrators for the (Eneid and 
 Erechtheid tribes hold their sittings ; and when such chal- 
 lenges are given, and a party actually brings his slave and 
 offers him for the torture, many people attend to hear the 
 statements that are made ; so that they would have been at 
 no loss for witnesses, if the fact to be deposed to had had a 
 particle of truth in it. 
 
 They have stated also in the same deposition, men of the 
 jury, that I would not consent to an adjournment, and that 
 Theophemus requested me to do so, in order that he might 
 deliver the woman up to me. That this is untrue, I will 
 show you. If this challenge, of which they have given 
 evidence for him, had been made by me to Theophemus if 
 I had called upon him to deliver the woman up he might 
 
 VOL. v. G 
 
82 THE ORATIONS OF DEMOSTHENES. 
 
 naturally have made this reply, and requested me to adjourn 
 the arbitration to the next meeting, in order that he might 
 bring the woman and deliver her up to me. But, as it is, 
 they have deposed, that you, Theophemus, were yourself 
 desirous of giving the woman up to me, and that I was un- 
 willing to receive her. How comes it, I ask, when you were 
 the woman's master, when you intended to give this challenge 
 which your witnesses have deposed to, when you were obliged 
 to have recourse to this person to establish your case, when 
 you had no other witness to prove that I committed the first 
 assault on you how comes it that you did not bring the 
 woman to the arbitrator, and offer then and there to deliver 
 her up to me in person, you having her in your possession 
 and control 1 How comes it that, while you pretend to have 
 given the challenge, no one ever saw the woman, by means 
 of whom you deceived the jury, calling false witnesses and 
 representing that you wished to deliver her up ? 
 
 However, as the woman was not present at that time, and 
 the boxes were sealed before, did you ever bring the woman 
 afterwards into the market-place or into the court of justice? 
 For, if you did not have her with you on that occasion, 
 surely you ought to have delivered her up afterwards, and 
 had people to witness that you were willing to test the ques- 
 tion by her evidence, in accordance with your challenge, as 
 the challenge had been put in the box together with a depo- 
 sition stating your willingness to deliver the woman up. I ask 
 you then ; when the trial was coming on, did you bring the 
 woman to the court ? If he really gave the challenge which 
 they say he did, he ought, while they were drawing lots for 
 the jurors, to have brought this female, got the crier to 
 attend, and requested me (if I chose) to put her to the tor- 
 ture, and made the jurors, as they came to the bench, his 
 witnesses that he was ready to deliver her up. As it is, he 
 makes deceitful statements, produces false witnesses, but to 
 this hour he has not ventured to deliver the woman up, 
 notwithstanding my repeated challenges and demands, as 
 the witnesses who were present have testified before you. 
 Please to read the depositions again. 
 
 [The depositions.] 
 
 I wish, men of the jury, to explain to you how I came to 
 bring an action against Theophemus, that you may see, tha 
 
AGAINST EUERGUS AND MNESIBULUS. 83 
 
 he not only procured my condemnation unjustly, by deceiving 
 the jury, but at the same time and by the same verdict pro- 
 cured the condemnation of the Council of Five-hundred, and 
 annulled the authority of your tribunals, annulled that of 
 your laws and decrees, and weakened your faith in the 
 magistrates and the inscriptions on the public tablets. 1 I 
 will show you how he has done this, and inform you of every 
 particular. 
 
 I never before in my life had any transaction of business 
 with Theophemus ; nor did I ever have a merry-making or 
 a love-affair or a drinking-bout with him ; I had not quarrelled 
 with him about any bargain in which he had got the better 
 of me ; I was not under the stimulus of any passion ; there 
 was no motive of this kind to take me to his house. But in 
 obedience to the law, and to the decrees of the Athenian 
 people and Council, I demanded of this man the ship's 
 furniture in his possession which belonged to the state. Why 
 I did so, I will explain to you. It happened, as some 
 triremes were leaving the port, that a military force had to 
 be shipped off in a hurry. There was not furniture for the 
 ships in the docks, as those persons who had received furni- 
 ture from the public stores had not returned it ; and besides 
 this, there was not a sufficient quantity of sailcloth and tow 
 and ropes, the necessary tackle of a trireme, to be purchased 
 in the Piroeus. Accordingly Charidemus frames this decree, 
 in order that the furniture of the ships might be recovered 
 and preserved to the state. Please to read it. 
 
 {The decree^ 
 
 This decree having been passed, the authorities assigned 
 by lot the persons who owed ship's furniture to the state, 
 and delivered the list to the overseers of the docks. The 
 overseers of the docks delivered it to the trierarchs who were 
 then going to sail, and to the overseers of the navy-boards. 
 The law of Periander, according to which the navy-boards 
 were constituted, required and compelled us to receive the 
 list of persons who were indebted for ship's furniture. And 
 besides this, there was another decree of the people, which 
 
 1 On which were inscribed the names of those persons who were 
 accountable to the state for ship's furniture in their possession. See 
 the Argument. 
 
 G2 
 
84 THE ORATIONS OF DEMOSTHENES. 
 
 required that they should distribute these debtors among us 
 proportionally, so that we might get in the furniture from 
 each of them. It so happened that I was a trierarch and 
 overseer of the navy-board, and Demochares of Pseania was 
 in the navy-board and was indebted for ship's furniture to 
 the state in conjunction with this Theophemus, having been 
 joint-trierarch with him. 1 Accordingly, as they were both 
 inscribed on the tablet as indebted for ship's furniture to the 
 state, the authorities, having received the names of both from 
 their predecessors, delivered them to us according to the law 
 and the decrees. I was therefore under the necessity of re- 
 ceiving them, or I would not have done so ; for in former 
 times, though I have frequently served the trierarchal office, 
 I never received any ship's furniture from the docks, but 
 provided it from my own private means, whenever there was 
 occasion, that I might have as little trouble as possible with 
 the state. Then, however, I was compelled to receive these 
 names according to the decrees and the law. 
 
 1 Bockh observes upon this subject : 
 
 " In the case to which the oration against Euergus and Mnesibulus 
 refers, the trierarchs had been already regulated according to the Sym- 
 morise ; the trierarchy, however, of the person for whom the speech 
 was written, which was performed after the establishment of the Sym- 
 moriae, took place in the archonship of Agathocles, Olymp. 105, 3. 
 Yet even at that time two persons were sometimes appointed trier- 
 archs out of the Symmoriae in order to perform their duties in person. 
 In earlier times no trace of Symmoriee exists, but of the syntrierarchy 
 alone. It is therefore highly probable that this year was the first in 
 which the Symmorise came into operation." 
 
 And he adds in a note concerning this particular passage : 
 
 " I must in this place explain away a passage from which it might 
 appear that Symmorise were in existence before Olymp. 105, 4. It is 
 the passage on the subject of the Trierarchy in the oration against 
 Euergus and Mnesibulus, p. 1145. It has been already remarked that 
 the syntrierarchy of these two persons must have taken place in 
 Olymp. 105, 2 or 3. Now Demochares was a member of the Symmorise 
 in Olymp. 105, 4, and he may thus appear to have served the former 
 syntrierarchy in the Symmorise, which, if it were true, would give an 
 earlier date to the Symmorise. But what prevents us from supposing 
 that Demochares was syntrierarch before, and did not belong to the 
 Symmoriae until Olymp. 105, 4 ? What renders this the more probable is, 
 that he alone is stated to have been in the Symmoria, while Theophemus 
 is not mentioned as a member of one, and if they had both been 
 members of a Symmoria when they performed that trierarchy, Theo- 
 phemus must have been in the same Symmoria as Demochares ; wherea* 
 the contrary must be inferred from the words of the orator." 
 
AGAINST EUERGUS AND MNESIBULUS. 85 
 
 To prove the truth of my statements, I will produce in 
 evidence before you first the decree and the law, next the 
 public functionary, who delivered the names to me and 
 brought the case into court, and lastly, the members of the 
 navy-board, in which I was overseer and trierarch. Please to 
 read the evidence. 
 
 [The law. The decree. The depositions.] 
 
 That I was absolutely under the necessity of receiving the 
 names of those who were indebted to the state, you hear from 
 the law and the decrees. That I received the names from 
 the authorities, the person who delivered them has testified. 
 Now, men of the jury, it is fair that you should look at this 
 case from the beginning, and consider first, whether I did 
 wrong, who was compelled to get from Theophemus what he 
 owed, or whether Theophemus did wrong, who retained so 
 long in his possession the ship's furniture belonging to the 
 state. If you look at the matter closely, you will find that 
 Theophemus has acted wrong throughout, and that this is 
 not merely a statement of mine, but a point decided by the 
 judgment of the Council and the court. For, when I re- 
 ceived his name from the authorities, I first went to him and 
 demanded the ship's furniture ; he refused to return it. at 
 my request : I afterwards lighted upon him near the Hermes 
 by the small gate, and summoned him before the clearing 
 officers and the overseers of the docks ; for they were the 
 persons who then brought into court disputes concerning 
 ship's furniture. To prove the truth of my statements, I 
 will call before you the witnesses to the summons. 
 
 [The witnesses] 
 
 That he was summoned by me, the witnesses have proved. 
 Now, to prove that he was brought into court, please to 
 take the deposition of the clearing officers and the presiding 
 magistrate. 
 
 [The deposition] 
 
 The party whom I expected to give me trouble, Demo- 
 chares of Pseania, was disagreeable before he was brought 
 into court, but after his trial and conviction paid up his 
 proportion of the ship's furniture. The person whom I 
 should never have expected to be so far gone in profligacy, 
 
86 THE ORATIONS OF DEMOSTHENES. 
 
 as to dare to rob the state of her naval stores, has proceeded 
 to this length of harassing litigation. He was present in 
 court when the case was brought on, and never made any 
 opposition, never gave in any name and demanded an inter- 
 pleader, as he should have done if he meant to contend that 
 another party had the ship's furniture, and that he ought not 
 to be called upon to pay : instead of this, he allowed the 
 verdict to be taken against him ; but, after he left the court, 
 he did not pay any the more for that, but thought that for 
 the present he would keep out of the way and remain quiet, 
 until I had sailed with the fleet and some time had elapsed, 
 and that I should be compelled to pay the ship's furniture, 
 which he owed to the state, either here on my return, or to 
 my successor, who should be sent from the navy-board to 
 join the ship. For what answer could I have made to him, 
 when he produced the decrees and the laws, showing that I 
 was required to get in the ship's furniture? After a lapse of 
 time, if I had come back and made a demand upon him, 
 Theophemus would have said that he had paid, and, as proofs 
 that he had paid, would have urged these very circumstances, 
 the occasion, the emergency, and that I was not such a fool, 
 and had never been such a friend to him, as to wait for pay- 
 ment : for what earthly reason, when I was serving the state 
 as trierarch and overseer of the navy-board, and when such 
 a law and such decrees were in force, should I have 
 given him time in the collection? This was the idea of 
 Theophemus, and therefore it was that he did not return 
 the ship's furniture at the time, but kept out of the 
 way, and thought that he should afterwards be able to 
 defraud me ; aud further, he thought that he could have re- 
 course to an oath and perjure himself without difficulty, a trick 
 which he has played others before. For his grasping disposition, 
 in matters where his interests are at stake, is dreadful, as I 
 will show you by actual proof. For Theophemus, while lie owed 
 these naval stores to the state, made a pretence of throwing 
 the charge upon Aphareus, but he never in point of fact gave 
 in his name and demanded an interpleader, well knowing that 
 he should be convicted of falsehood, if he came into court. 
 For Aphareus proved that Theophemus had charged him 
 with the value of the ship's furniture and received the money 
 from him, when he became his successor in tho trierarchy. 
 
AGAINST EUERGUS AND MNESIBULUS. 87 
 
 Now be says he delivered it up to Demochares, and he has 
 gone to law with the children of Demochares since his death. 
 In the lifetime of Demochares, Theophemus did not give in 
 his name and demand an interpleader, when I was suing him 
 for the ship's furniture : his only idea was, on the pretence of 
 time having elapsed, to rob the state of these stores. To 
 prove the truth of what I say, he shall read the depositions. 
 
 \_The depositions.] 
 
 Reflecting in my mind upon these matters, and hearing 
 from people who had come in contact with Theophemus, 
 what sort of a person he was where his interests were con- 
 cerned, and finding that I could not get the ship's furniture 
 from him, I applied to the clearing officers and the Council 
 and the Assembly, stating that Theophemus did not return 
 to me the ship's furniture, for which the court had pro- 
 nounced him to be accountable. And the other trierarchs 
 also applied to the Council, who were not able to get their 
 ships' furniture from the parties liable. And after a long 
 discussion the Council answers us by a decree, which he 
 shall read to you, requiring us to get payment in whatever 
 way we could. 
 
 [The decree.] 
 
 After this decree had been passed by the Council, as no 
 one indicted it for illegality, and so it became valid in law, I 
 went to Euergus the defendant, the brother of Theophemus, 
 as I was unable to see Theophemus himself ; and having the 
 decree in my hand, I first demanded the ship's furniture, 
 and requested him to inform Theophemus ; then, after wait- 
 ing a few days, as he did not return the ship's furniture, but 
 only laughed at me, I took witnesses with me and asked him, 
 whether he had divided his estate with his brother, or whether 
 they held it in common. Euergus replied that they had 
 made partition, and that Theophemus lived in a house by 
 himself, while he (Euergus) dwelt with his father. Having 
 then ascertained where Theophemus lived, I got a servant 
 from the Council, and went to his house. Finding him not 
 at home, I desired the woman who answered the door to go 
 and fetch him wherever he might be. This was the woman 
 whom (according to the evidence of the defendants) Theo- 
 
88 THE ORATIONS OF DEMOSTHENES. 
 
 phemus offered to deliver up, but whom I, notwithstanding 
 my demands, cannot get them to deliver up, to inform you 
 of the truth and prove who committed the first assault. 
 She fetched Theophemus, and, on his arrival, I asked him 
 for the inventory of the ship's furniture, telling him that I 
 was just about to set sail ; and I showed the decree of the 
 Council. Instead of complying with my demand, he began 
 to threaten and abuse me ; so I desired the boy, if he saw 
 any citizens passing by, to call them out of the road, and 
 ask them to witness the conversation for me ; and I again 
 required Theophemus either to go himself with me to the 
 clearing officers and the Council, and, if he disputed his 
 liability, to satisfy the authorities who delivered to us the 
 names of the debtors and compelled us to proceed against 
 them, or to return the ship's furniture ; if he declined, I 
 said I must levy a distress according to the laws and the 
 decrees. As he was not willing to do anything that "was 
 right, I laid my hand upon the female who stood at the door, 
 the same who had gone to fetch him. And Theophemus 
 would not allow me to take her. I then let go the woman, 
 and was proceeding to enter the house, to distrain some of 
 his furniture ; for the door had been opened for Theophemus 
 when he arrived, though he had not yet gone in ; and I had 
 been informed that he was not married. Just as I was going 
 in, Theophemus strikes me on the mouth with his fist, and I, 
 calling on all who were present to bear witness, returned the 
 blow. Now the truth of what I say, that Theophemus com- 
 mitted the first assault, could be established by nothing so 
 well (I take it) as by the evidence of the woman, whom these 
 witnesses have said Theophemus wished to deliver up. Theo- 
 phemus, whose action first came before the jury-court, as I 
 did not put in a special plea or make an affidavit for delay, 
 such proceedings having once damaged me in a former cause 
 Theophemus, I say, deceived the jury by means of this 
 testimony, declaring that the witnesses whom I produced 
 gave false evidence, and that this woman would speak the 
 truth, if she were put to the torture. Their conduct now is 
 shown to be the very reverse of the language which they 
 used on that occasion. For I am unable to get the woman 
 for examination, notwithstanding my repeated demands, as 
 has been proved to you by witnesses. Since, however, they 
 
AGAINST EUERGUS AND MNESIBULUS. 89 
 
 do not give the woman up, whom they themselves said I was 
 challenged to receive, I will call before you the witnesses, 
 who saw Theophemus strike me the first blow. This is an 
 assault in law, when a man commits the first act of violence, 
 and especially when he strikes one who is levying a public 
 debt pursuant to your law and your decrees. Please to read 
 the decrees and the depositions. 
 
 [The decrees. The depositions.'] 
 
 As Theophemus had thus rescued the distress, and laid 
 violent hands upon me, I went to the Council and showed 
 the blows, and told them how I had been treated, and that I 
 had been thus maltreated while collecting the ship's furni- 
 ture for the state. The Council, indignant at the usage 
 which I had received, and seeing the plight I was in, and 
 considering that the insult had been offered not so much to 
 me as to themselves, and to the people who had passed the 
 decree, and to the law which compelled us to collect the 
 ship's furniture, ordered me to prefer an impeachment, and 
 the Presidents to give Theophemus two days' notice of trial 
 upon a charge of misdemeanor for impeding the departure of 
 the fleet, and that the articles should charge that he refused 
 to return the ship's furniture, and had rescued the distress 
 and beaten me who was levying debts and performing duty 
 for the state. I preferred the impeachment against Theo- 
 phemus, and it came on for trial before the Council ; both 
 sides were heard, and, the Councillors having voted secretly 
 by ballot, he was convicted and found guilty in the Council- 
 chamber, and when the Council were about to divide on the 
 question whether they should deliver him over to a jury- 
 court or sentence him to a fine of five hundred drachms, the 
 highest penalty which they were competent to inflict by law, 
 at the urgent entreaty of all these men, who sent I can't tell 
 you how many persons to intercede for them, and gave up 
 that very instant in the Council the inventory of the 
 ship's furniture, and promised to refer the question of the 
 battery to any Athenian that I liked to name, I consented 
 that Theophemus should be sentenced to the mitigated 
 penalty of five and twenty drachms. 
 
 To prove the truth of these statements, I pray that any of 
 you who were councillors in the archonship of Agathocles 
 
90 THE ORATIONS OP DEMOSTHENES, 
 
 will tell what you know to those that sit near you ; and I 
 shall call as witnesses before you all the councillors of that 
 year whom I have been able to find. 
 
 [The depositions.] 
 
 I, men of the jury, was thus lenient to these persons. The 
 decree, however, commanded not only that those who failed 
 to return any ship's furniture belonging to the state, but that 
 whoever possessed any of their own and declined to sell it, 
 should be liable to have their property confiscated. Such a 
 scarcity of ship's furniture was there at that time in the city. 
 Read me the decree. 
 
 [The decree.] 
 
 When I had returned from my voyage, men of the jury, as 
 Theophemus would not refer to any one the matter of the 
 blows which he had given me, I summoned him and com- 
 menced against him an action of assault. He summoned me 
 in a cross-action, and, the causes having been sent to arbitra- 
 tion, when the time came for pronouncing the award, Theo- 
 phemus put in a special plea, and made an affidavit for 
 adjournment. I, feeling confident that I had done no wrong, 
 came to try the cause before you. Theophemus produced 
 this testimony, to which no one else has deposed, but only 
 his brother and brother-in-law, namely, that he was willing 
 to give up the female slave ; and so, pretending to be an 
 honest and straightforward person, deceived the jurors. I 
 now make a fair request to you, that, while you decide 
 about this testimony, whether it is true or false, you will at 
 the same time consider the whole case from the beginning. 
 My opinion is, that proof should be obtained by the very 
 means which Theophemus then appealed to as the fair test, 
 namely, by putting the woman to the torture, and ascertain- 
 ing from her evidence which party struck the first blow; 
 for that constitutes assault. And on this account am I suing 
 the witnesses for false testimony, because they said that 
 Theophemus was willing to give up the woman, when, in 
 fact, he never would give her body up, either before the arbi- 
 trator or afterwards, notwithstanding my repeated demands. 
 They ought therefore to suffer a double punishment, first, 
 because they deceived the jurors by producing the false testi- 
 mony of a brother and a brother-in-law ; secondly, because 
 
AGAINST EUERGUS AND MNESIBULUS. 91 
 
 they did me an injury while I was zealously discharging an 
 official duty, doing what the state commanded me, and 
 obeying your laws and decrees. 
 
 To show you that I am not the only person employed in 
 such a duty ; that, while I received this man's name from the 
 authorities, with orders to get from him the ship's furniture 
 which he owed to the state, other trierarchs proceeded against 
 other parties whose names they received read me the depo- 
 sitions relating to these matters. 
 
 [The depositions.] 
 
 I wish now, men of the jury, to tell you how they have 
 used me. After judgment had passed against me in the 
 action, in which these witnesses gave the false evidence for 
 which I sue them, when the time for paying the judgment 
 was near expiring, I went to Theophemus and asked him 
 to wait a little while, stating the truth, that, after I had pro- 
 vided the money to pay him with, a trierarchy had been cast 
 upon me, and I had to send off the trireme in great haste, 
 and Alcimachus the general had ordered me to furnish the 
 ship for him : so I was obliged to employ for this purpose the 
 money provided to pay Theophemus. I requested him to 
 extend the day of payment till I had sent off the ship. He 
 answered me readily and quite innocently : " very good " 
 said he " when you have sent off the ship, then provide the 
 money for me." As Theophemus had made me this answer 
 and given further time for payment, and as I mainly relied 
 upon my suit for false testimony and their unwillingness to 
 deliver up the female, and therefore thought it unlikely that 
 they would take any fresh steps in my affair, I despatched 
 the trireme, and not many days afterwards, having provided 
 the money, I went to him and requested him to follow me to 
 the bank and receive the amount of the judgment. To prove 
 the truth of these statements, he shall read you the depositions. 
 
 [The depositions.] 
 
 Theophemus, instead of following me to the bank and re- 
 ceiving the judgment, went and took fifty soft-wooled sheep 
 of mine, together with the shepherd and all that belongs to 
 them, and also 'a boy in my service, who was carrying back a 
 brass pitcher, which had been borrowed of a neighbour, of 
 great value. And they were not satisfied with having these 
 
92 THE ORATIONS OP DEMOSTHENES. 
 
 things ; they broke into the farm (I farm a piece of land close 
 to the race-course, and have dwelt there from a boy) and 
 first they made a rush to seize the slaves, but the slaves 
 escaped and ran off, some one way and some another ; so they 
 came to the dwelling-house, and having knocked open the 
 gate leading to the garden, they entered (I mean the de- 
 fendant, Euergus, the brother of Theophemus, and Mnesibulus, 
 his brother-in-law, to whom I owed no judgment debt, and 
 who had no right to touch anything of mine) they entered, 
 I say, into the apartments of my wife and children, and 
 carried off all the furniture that was left in the house. They 
 were disappointed in getting so little, for they expected to 
 find the stock of household furniture much larger ; but in 
 consequence of the public charges and taxes which I have had 
 to pay, and the liberality which I have exercised towards you, 
 a part of the furniture is in pawn, and a part has been sold. 
 Everything that was left they took and went off with, and 
 besides this, men of the jury my wife happened to be dining 
 with the children in the open court, 1 and with her was an 
 aged woman, who had been my nurse, and whom, for her 
 fidelity and attachment, my father had set free. After re- 
 ceiving her freedom she married and lived with her husband ; 
 but on his death, as she was advanced in years and had no 
 one to maintain her, she came back to me. It was impossible 
 for me to suffer my old nurse, any more than my instructor, 2 
 to remain in want ; and at the same time I was going out as 
 trierarch, so that my wife too was willing that I should leave 
 such a person with her to assist her in housekeeping. Well ; 
 they were dining, as I say, in the open court, when these 
 persons burst in upon them and began to seize the furniture. 
 The other female domestics, (who were in the attic, 3 which 
 was their part of the house,) hearing the noise, closed the 
 
 1 The court of the Gynseconitis. See the description of a Grecian 
 house in the Charicles, Excursus i. to scene iii. 
 
 2 So Pabst, according to the reading of Bekker and Schafer : " wo 
 es denn natiiriich Pflicht fur mich war, so wenig meine gewesene Ainme, 
 als meinen Erzieher im Mangel zu verlassen." It is impossible to 
 express in a modern translation the Athenian iraidayuySs, who was a 
 slave, employed to take his master's son to school, carry his books, &c. 
 See the Charicles. Excursus on Education. 
 
 3 This was an upper story, which, not covering the whole of the 
 ground floor, was called Trfyyos, a tower. Charicles, Transl. page 266. 
 
AGAINST EUERGUS AND MNESIBULUS. 93 
 
 door leading to the attic, so that the men did not effect an 
 entrance there ; but they carried away all the furniture from 
 the other part of the house, although my wife warned them 
 not to touch it, and informed them that it was mortgaged to 
 secure her marriage portion : " and you have " said she 
 "the fifty sheep and the boy and the shepherd, whose value 
 exceeds your judgment debt," for one of the neighbours had 
 knocked at the door and brought this intelligence. Besides, 
 she told them that the money was lying at the bank for 
 them ; for she had heard that from me : " and if you will 
 wait " she said " or if one of you will go and fetch my 
 husband, you shall take the money away with you directly ; 
 but leave the furniture, and don't seize anything that belongs 
 to me, especially as you have the full value of your judgment." 
 In spite of my wife's remonstrance, they not only refused to 
 wait, but the nurse having taken a cup that was by her, from 
 which she was drinking, and put it into her bosom, to prevent 
 these men taking it, when she saw them in the house 
 Theophemus and his brother Euergus, who saw what she did, 
 used force to get the cup from her, and handled her so 
 roughly, that her arms and wrists were suffused with blood, 
 from their wrenching and twisting of her hands and pulling 
 her about in taking away the cup, and she had bruises on her 
 neck from their pinching and squeezing, and her breast was 
 black and blue. Such was the extent of their brutality, that, 
 until they had got the cup from her bosom, they never ceased 
 squeezing and beating the old woman. The servants of the 
 neighbours hearing the noise, and seeing my house pillaged, 
 some of them called from their roofs to the people who were 
 passing by, some went into the other road, and seeing Hag- 
 nophilus pass by, requested him to come. Hagnophilus came 
 up ; he had been called by the servant of Anthemion, who 
 is my neighbour ; but he did not go into the house, thinking 
 it was not right in the absence of the master : he stood, how- 
 ever, upon Anthemion's land, and saw the furniture carried 
 away, and Euergus and Theophemus going out of my house. 
 And they not only went off with my furniture, men of the 
 jury ; they were taking away my son also, as if he had been 
 a slave, until Hermogenes, one of my neighbours, met them, 
 and told them that he was my son. To prove my statements, 
 he shall read you the evidence. 
 
94 THE ORATIONS OP DEMOSTHENES. 
 
 [The deposition.'] 
 
 When the news was brought to me in Piraeus by the neigh- 
 bours, I went to the farm, but found these men gone : I saw 
 that the household goods had been carried away, and in 
 what a condition the old woman was. Having heard from 
 my wife what had taken place, I went early the next morning 
 to Theophemus in the city : I had witnesses with me, and I 
 desired him first to receive payment of his judgment debt 
 and follow me to the bank ; after that, I called on him to 
 provide medical assistance for the woman whom they had 
 beaten, and I said they might bring what surgeon they 
 pleased. I gave this formal notice to him in the presence of 
 witnesses. Theophemus and Euergus both poured a torrent 
 of abuse upon me : Theophemus followed me with much re- 
 luctance, making all the delays that he could, and saying that 
 he wanted himself to take witnesses with him ; this was an 
 artful pretence to gain time. Meanwhile Euergus, the de- 
 fendant, went straight from the city, in company with some 
 others like himself, to the farm. A few of the household 
 goods, which the day before were in the attic and not outside, 
 as it happened, had of necessity been brought downstairs, 
 after I came home. Euergus, having knocked open the gate 
 which he had broken on the previous day, and which was 
 scarcely at all fastened, seized the remnant of furniture, and 
 went off with it Euergus, I say, a person to whom I owed 
 no judgment, and with whom I never had any transaction 
 whatsoever ! When I paid Theophemus to whom I owed the 
 judgment (I paid him in the presence of several witnesses 
 eleven hundred drachms for the damages, a hundred and 
 eighty-three drachms two obols for costs, and thirty drachms 
 for the court fees ; l there was no penalty that I owed him) 
 I say, when he had received from me at the bank thirteen 
 hundred and thirteen drachms and two obols, the total 
 amount, I demanded from him the sheep and the slaves and 
 the furniture of which he had plundered me. He declared 
 that he would not return them, unless he and his assistants 
 were released from all claims and demands, and unless the 
 witnesses were released from the suit for false testimony. 
 Upon his giving me this answer, I requested the witnesses 
 
 1 According to Bockh's emendation, adopted by Pabst and others. 
 
AGAINST EDEBQUS AND MNESIBULUS. 05 
 
 who were present to take notice of what he said ; I paid him 
 the judgment, however, and did not choose to be in default. 
 As to Euergus, I did not even know that he had gone into 
 my house that day ; but immediately after the judgment had 
 been paid, and while Theophemus still had in his possession 
 the sheep and the slaves and the furniture which I had on 
 the previous day, 1 a stonemason, who was working at the 
 neighbouring monument, brought me tidings that Euergus 
 had levied another execution at my house and gone off with 
 the rest of the furniture ; this person whom I never had 
 anything to do with ! 
 
 To prove the truth of these statements that they had 
 seized my goods in execution on the previous day, and on the 
 following day got the money from me (but if the money 
 had not been provided, and I had not given them notice, how 
 could they have received payment?) and that they went 
 again into the house on the very day that I paid the money 
 he shall read you the evidence of the depositions. 
 [The depositions.] 
 
 The notice which I gave him, to bring a surgeon and cure 
 the woman whom they had so beaten, he paid not the 
 slightest regard to, men of the jury ; so 1 myself brought her 
 a surgeon, whom I had employed for many years, who attended 
 her during her illness. I showed him the condition she was 
 in, and brought witnesses. Hearing from the surgeon that 
 the woman was in a hopeless state, I went to these men again 
 with other witnesses, explained the state the woman was in, 
 and required them to find medical aid for her. On the sixth 
 day after they had entered my house, the nurse died. To 
 prove the truth of these statements, he shall read you the 
 depositions. 
 
 [The depositions.] 
 
 After her death I went to the Interpreters, 2 to learn what 
 course I ought to take in the matter; and I detailed to them 
 everything which had taken place, the arrival of these men, 
 the attachment of the woman to our family, the cause of my 
 
 1 The text is apparently corrupt as also a part of the next para- 
 graph, where I follow the transposition of Reiske. 
 
 2 These were three members of the family of the Eumolpidse, whose 
 duty it was to expound the religious and ceremonial laws, interpret 
 omens and oracles, perform expiatory sacrifices, &c. 
 
96 THE ORATIONS OF DEMOSTHENES. 
 
 having her in my house, and that she had lost her life for not 
 giving up the cup. The Interpreters, having heard my story, 
 asked me whether they should expound the law to me only, 
 or give me advice also. I replied, " Both." " Very well " 
 they said " then we will expound to you what the law is, 
 and advise you what is for your good. The first thing is, to 
 carry a spear in front of the funeral procession, 1 and to make 
 proclamation 2 at the tomb, if there is any one connected with 
 the woman ; and, after that, you must watch the tomb for 
 three days. The advice that we give you is as follows. 
 As you were not present yourself, but only your wife and 
 children, and you have no other witnesses ; we recommend 
 you not to make proclamation against any one by name, but 
 generally against the homicides and guilty parties; and 
 further, not to commence proceedings before the king-archon. 
 For the woman does not come within the law to enable you, 
 as she is no relation, and was not even a servant, according 
 to your account. It is to relations and masters that the law 
 assigns the duty of prosecuting. Should you therefore take 
 the oath in the Palladium, you and your wife and children, 
 and should you imprecate curses upon yourselves and your 
 house, many people will form an unfavourable opinion of you, 
 and, if your adversary be acquitted, you will be thought to 
 have committed perjury, if you convict him, you will incur 
 public odium. Our advice is, that you perform the necessary 
 religious ceremonies for yourself and your house, then bear 
 the misfortune as patiently as you can, and take vengeance, 
 if you like, in some other way." 
 
 1 " Those who had died a violent death were interred with peculiar 
 formalities. To symbolize the pursuit of the murderer, which was in- 
 cumbent on the relations, a lance was carried in front of the procession, 
 and stuck upright by the grave, and this was watched for three days." 
 Charicles, Transl. p. 402. 
 
 3 This was a proclamation giving notice to the homicide, to keep 
 away from the tomb, and from all public places and sacrifices. It was 
 followed, in case of a prosecution, by another notice, given in the 
 market-place, warning the party accused to appear and answer to the 
 charge. See article <f>6vos in the Archaeological Dictionary. 
 
 Pabst understands these words differently, translating "und am 
 Grabe ausrufen : ob irgend ein Anverwandter von der Frau vorhanden 
 sey ? " 
 
 Auger : " et qu'un des parents annonce au meurtrier, de ne pas 
 approcher au tombeau." 
 
AGAINST EUERGUS AND MNESIBULUS. 97 
 
 After receiving this opinion from the Interpreters, and 
 after looking at the extract of Draco's laws from the pillar, I 
 took counsel with my friends as to the course of action to be 
 pursued. As they gave me similar advice, I did what I was 
 bound to do on behalf of the house and what the Interpreters 
 had prescribed, and I refrained from taking further proceed- 
 ings which the laws would not justify. For the law, men of 
 the jury, requires, that the relations shall prosecute within 
 the degree of cousin's children inclusive; and in the oath 
 it is declared what relationship the party bears, and, if 
 the deceased be a servant, it directs that the master shall 
 institute criminal proceedings. But the woman had no kind 
 of family connexion with me, except that she had been my 
 nurse ; and she was not a servant either ; for she had been 
 set free by my father, and occupied a separate house, and had 
 a husband. To tell you a false tale, and back it by an oath 
 on the heads of myself and my son and my wife, is a thing 
 which I could never have brought myself to do, even had I 
 been certain that I should convict my opponents : for I do 
 not hate them so much as I love myself. That you may not 
 only hear it from my citing, he shall read you the law 
 itself. 
 
 [The law.] 
 
 I imagine, men of the jury, the falsehood of the deposition 
 is apparent to you in many ways : but you can see it most 
 easily from their own conduct. They thought, men of the 
 jury, that I, if they levied a large quantity of my goods, 
 should be glad to release the witnesses from the charge of false 
 testimony, in order to get back the goods. And when I asked 
 Theophemus to allow me further time to pay the judgment, 
 he gladly complied with my request, in order that I might 
 become liable to his execution, and he might carry off as 
 many of my goods as possible. And therefore he gave his 
 assent immediately and with seeming innocence, in order 
 that I might put faith in him and not suspect his design ; 
 for he believed he had no other means of getting the witnesses 
 released from the charge of false testimony, but by entrapping 
 me and catching me in default and levying as large an execu- 
 tion as possible ; for he expected not only what they have 
 taken from me, but a great deal more. And he waited the 
 
 VOL. v. H 
 
98 THE ORATIONS OF DEMOSTHENES. 
 
 rest of the time, thinking that I should not speedily provide 
 the money, and intending to levy execution against me just 
 when the trial for false testimony was coming on ; but, when 
 I gave him notice to come and receive the judgment, he went 
 and took my furniture and slaves and sheep, instead of 
 coming and receiving payment. My farm is close to the 
 race-course, so that he had not far to go. Of the truth of 
 what I am telling you here is positive proof he got the 
 amount of the judgment the day after he levied the execution, 
 How could he have got immediate payment of this sum, 
 thirteen hundred and thirteen drachms two obols, if I had 
 not provided it 1 And the goods which he levied he refused 
 to return, and keeps them even now, as if -I were in default. 
 To sho\v that I was not in default, read me the deposition 
 and the law, which declares, that whatever one party agrees 
 to with another, the terms shall be binding : this surely 
 proves, that he could no longer treat me as a defaulter. 
 
 [The law. The deposition.] 
 
 That he assented to my request and granted further time 
 to pay the judgment, has been proved to you in evidence. 
 That I was trierarch, has been proved by my colleague, and 
 also that the admiral ship was furnished for Alcimachus. 
 Surely then he could no longer treat me as a defaulter, after 
 giving me time, and more especially when he was paid. But 
 his covetous spirit, where it is a question of gain or loss, is 
 dreadful, men of the jury. And they well knew that, should 
 they deliver up the woman for examination, the falsehood of 
 their charge would be exposed ; on the other hand, if they 
 refused to deliver up a person whom (according to their 
 evidence) Theophemus was willing to deliver up, they should 
 be convicted of false testimony. I beseech you, men of the 
 jury, should any of the former jurors happen to be on the 
 bench, to act on the same principles as you did then. If you 
 believed that the deposition was worthy of credit, and that I 
 shrank from the test which the woman's evidence would have 
 afforded ; now, when they are proved to have given false 
 testimony and refused to deliver up the woman, I ask you to 
 give me redress ; if you were angry with me for going to the 
 house of Theophemus to distrain, I ask you now to be angry 
 with these persons for going to my house. And I, while I 
 
AGAINST EUERGUS AND MNESIBULTJS. 99 
 
 was acting in obedience to laws and decrees, was careful not 
 to intrude upon the father or the mother of Theophemus, or to 
 take anything belonging to his brother ; I went to the house 
 of Theophemus himself ; and, when I found him not at home, 
 I did not seize anything and go off with it, but desired that 
 he should be fetched, and I took the distress in his presence, 
 not in his absence ; and, when he resisted, I gave it up, and 
 applied to the Council, the proper authorities ; and, after pre- 
 ferring my impeachment and convicting him before the 
 Council, I was content to get a return of the ship's furniture 
 alone, and to leave the question of the battery to a reference, 
 and assent to the mitigated penalty. Thus, as you see, I was 
 lenient to my adversaries : they were so indecent and brutal, 
 that they intruded themselves upon my wife and children, 
 although they had taken the sheep and the slaves, of greater 
 value than their judgment ; and although they had given 
 further time for payment, and I had given them notice to 
 come and receive *the judgment, as has been proved to you in 
 evidence ; and having entered into my house they not only 
 carried away the furniture, but beat and bruised the nurse, 
 an old woman, for the sake of a cup ; and they still keep 
 possession of all these things and will not restore them, 
 although I have paid the judgment debt, thirteen hundred 
 and thirteen drachms two obols. 
 
 If any one upon the former occasion, in ignorance of the 
 truth, imagined them to be harmless and inoffensive persons, 
 I wish to read you evidence of their character, furnished by 
 witnesses whom they have injured. To tell it you in my 
 speech the water-glass would not permit. I will read it 
 therefore, that when you have considered the whole case, the 
 arguments as well as the evidence, you may give such verdict 
 as right and justice require at your hands. Read the 
 depositions. 
 
 [The depositions.] 
 
100 THE ORATIONS OF DEMOSTHENES. 
 
 THE ORATION AGAINST OLYMPIODORUS. 
 
 THE ARGUMENT. 
 
 CALLISTRATUS, the plaintiff, seeks to recover from his brother-in-law, 
 Olympiodorus, a moiety of the property left by Conon, a deceased 
 relative. The plaintiff and defendant had agreed to divide the in- 
 heritance equally between them, and to co-operate together in resist- 
 ing all other claims. Olympiodorus, having by the collusive aid of 
 his associate ultimately established his title, and got possession of 
 the whole estate, refuses to share it with Callistratus, under the 
 pretext that he had not performed his part of the engagement ; and 
 Callistratus is compelled to bring an action to enforce his demand. 
 
 Upon the circumstances of this case I have already commented in the 
 sixth appendix to the fourth volume (page 366). Others, besides me, 
 have expressed astonishment that such an action could be brought, 
 where the plaintiff founds his claim upon a fraudulent conspiracy 
 with the defendant, and confesses that he assisted his accomplice to 
 gain the cause by false statements and false evidence. Wolf is 
 eloquent in his indignation : " miram impudentiam hominis, qui 
 suam improbitatem confiteri non erubescat, et dissolutionemjudicum, 
 si talia scelera ulti non sunt ! " Auger cannot tell what to make of 
 it : " II est bien e*tonnant que Callistrate convienne devant les juges 
 de tout son manege avec Olympiodore ; il fallait que le plaideur et 
 les juges fussent bien peu scrupuleux." Schafer remarks that the 
 Athenians measured fraud by a different standard from people in 
 modern times. That combinations between different claimants were 
 not uncommon at Athens, may be inferred perhaps from what we 
 have read in the case of Macartatus, (ante, p. 5,) and from Isaeus, 
 de Hagnise hereditate, 85, 86, Edit. Bekker. There is a difference 
 however between an agreement to defend a title which is doubtful 
 by legitimate means, and a combination to gain an estate by fraud 
 and falsehood ; and the law of Athens perhaps recognised this dif- 
 ference, though it might be forgotten sometimes by covetous indi- 
 viduals. The plaintiff in this action appears to have had some doubts 
 of its success, if we may judge from his proposals for a compromise 
 both before and at the trial. 
 
 It may seem strange that Callistratus, who represents himself to have 
 been Conon's nearest relation, should have consented to divide the 
 estate with his brother-in-law, who (according to him) had no title 
 whatsoever. The explanation perhaps is, that, Olympiodorus being 
 unmarried and without children, his niece, the plaintiff's daughter, 
 was likely to inherit his property, and therefore the plaintiff wished 
 to conciliate him. Afterwards Olympiodorus fell under the influence 
 of a woman, whom he took into keeping, and who caused a rupture 
 between him and his relations. 
 
AGAINST OLYMPIODORUS. 101 
 
 Pabst thinks it odd, that the plaintiff should not have sought to esta- 
 blish his title to Conon's estate as next of kin. The answer to thia 
 is, that in the inheritance suit he sacrificed his individual claim on 
 account of the agreement with Olympiodorus; and in the present 
 action he could only succeed under the agreement, his right as 
 Conon's heir being barred by the former verdict, unless he could 
 convict some of the witnesses of false testimony, which, under the 
 circumstances, he could hardly attempt to do. 
 
 IT is perhaps necessary, men of the jury, that even persons 
 who have neither practice nor ability in the conduct of causes 
 should come into court, when they suffer wrong from any 
 party, especially from those who are the last persons that 
 ought to have wronged them ; as is my case now. For I 
 have been unwilling, men of the jury, to go to law with 
 Olympiodorus, who is a connexion of mine and to whose sister 
 I am married, but I have been forced into it by the magni- 
 tude of the wrong which he has done me. If I were pro- 
 ceeding, men of the jury, upon a false charge, and without 
 any real ground of complaint, or if I were not willing to refer 
 our dispute to the defendant's friends and my own, or if 
 I had declined any fair and reasonable terms, believe me, I 
 should have been thoroughly ashamed of my own conduct, 
 and had a very mean opinion of myself. In point of fact, 
 however, I am a great loser by the fraud of Olympiodorus ; I 
 have not refused to submit the matters in difference to any 
 referee ; and so far from having been desirous to bring this 
 cause to trial, I swear by the supreme Jupiter, I have done 
 it with exceeding reluctance, and only because the defendant 
 has compelled me. I entreat you therefore, men of the jury, 
 when you have heard us both, and examined the case for 
 yourselves, if possible, to settle our quarrel and dismiss us, 
 and so be the benefactors of us both ; but if you cannot ac- 
 complish this, I ask you to take the only course which is left, 
 to give your verdict in favour of that party who makes out a 
 just case. 
 
 We shall first read you the evidence, showing that it is the 
 defendant's own fault and not mine, that he is brought into 
 court. Bead the depositions. 
 
 [The depositions.] 
 
 That I offered fair and equitable terms to Olympiodorus, 
 has been proved to you, men of the jury, by those who were 
 

 102 THE OEATIONS OF DEMOSTHENES. 
 
 Present. As he does not choose to do anything that is right, 
 am obliged to lay before you the injury which I have suffered 
 at his hands. My statement will be brief. 
 
 There was a certain Conon of Halse, men of the jury, a 
 connexion of ours. This Conon died after a short illness, 
 leaving no children. He had lived many years, and died at 
 an advanced age. When I found that he was not likely to 
 recover, I sent for the defendant Olympiodorus, that he might 
 be with me, and assist in looking after what was to be done. 
 And Olympiodorus, men of the jury, came and stayed with 
 me and my wife, his sister, and helped us in making all the 
 arrangements. While we were thus employed, Olympiodorus 
 the defendant made an unexpected communication to me, 
 informing me that his mother was related to Conon, the 
 deceased, and that he was entitled to have a share in all the 
 property which Conon left. I, men of the jury, knowing that 
 he told a falsehood and was attempting an impudent fraud, 
 and that there was no person so nearly related to Conon as 
 myself, was at first exceedingly wroth and indignant at the 
 impudence of his assertion ; upon consideration however, I 
 thought that it was hardly the proper time to give way to 
 anger, and I replied to Olympiodorus, that for the present we 
 had to bury the dead and pay him his funeral honours, and, 
 when we had discharged that duty, we would discuss our own 
 affair. The defendant, men of the jury, assented to this, and 
 said I was quite right. When we had performed the last 
 offices to the deceased, and were at leisure, we asked our 
 friends to attend, and quietly discussed the defendant's claim. 
 The various questions that arose between us in this discus- 
 sion I need not annoy you, men of the jury, or trouble myself 
 by relating. The result that we arrived at, however, it is 
 necessary you should hear. We gave mutual judgment upon 
 each other's claims, and arranged, that each of us should take 
 a moiety of what Conon had left, and that all unpleasantness 
 between us should terminate. And I chose, men of the jury, 
 of my own free will, to let Olympiodorus have a share in the 
 inheritance, rather than come into court and risk a trial with 
 a relation, in which I should have to say unpleasant things 
 of my wife's brother and my children's uncle, and hear equally 
 disagreeable things from him. All this passed through rny 
 mind, and induced me to come to terms with him. 
 
AGAINST OLYMPIODORUS. 103 
 
 After that we drew up articles of agreement upon all 
 points, and swore solemn oaths to one another, engaging that 
 we would fairly and honestly divide all the property left by 
 Conon that we knew of, without either having any advantage 
 over the other, and that we would make joint search and 
 inquiry for all the rest, and take all measures in concert that 
 might from time to time be necessary ; for we suspected, men 
 of the jury, that some other claimants of Conon's property 
 would make their appearance. For example, there was my 
 brother, by the father's and not by the mother's side, who was 
 out of the country ; and if any one else chose to put in a 
 claim, we had no means of preventing it j for the laws declare 
 that whoever chooses may put in his claim. Foreseeing these 
 possible contingencies, we drew up our articles of agreement 
 and bound ourselves by mutual oaths, so that we should 
 neither of us be at liberty to act independently, whether we 
 wished it or not, but should take counsel and act together in 
 everything. And we called to witness this engagement, as 
 well the gods, by whom we swore to observe it, as also our own 
 friends and relations, in .particular, Androclides of Acharnse, 
 with whom we deposited the articles. 
 
 I wish, men of the jury, to read you the law, according to 
 which we drew up the articles of agreement, and also the de- 
 position of the person who has the articles in his custody. 
 Read the law first. 
 
 [The law.} 
 
 Now read the deposition of Androclides. 
 [The deposition} 
 
 After we had sworn mutual oaths, and the agreement had 
 been deposited with Androclides, I divided the property into 
 two shares, men of the jury. One share consisted of the 
 house in which Conon himself dwelt, and the slaves employed 
 in weaving sackcloth ; the other comprised another house, 
 and the slaves employed in grinding colours. The ready 
 money, which Conon left in the bank of Heraclides, had been 
 nearly all spent upon his interment and funeral rites, and on 
 the building of his tomb. When I had divided the property 
 into these two shares, I gave the defendant Olympiodorus his 
 option to take which of the two shares he pleased, and he 
 
104 THE ORATIONS OP DEMOSTHENES. 
 
 chose the colour-grinders and one of the houses ; I took the 
 sack-weavers and the other house. This is what each of 
 us had. In the share of Olympiodorus there was a person 
 named Moschion, one of the colour-grinders, whom Conon 
 used to regard as his most faithful servant. This person 
 knew pretty well all the affairs of Conon, and, among other 
 things, he knew where the cash was, which Conon kept in 
 his house : in fact Conon, who was advanced in years, and 
 put trust in this servant Moschion, was not aware that he 
 stole his money. He first stole from his master a sum of a 
 thousand drachms, which was kept separate from the other 
 cash ; afterwards, a sum of seventy miuas. The thefts were 
 not discovered by Conon ; and the slave kept the whole of 
 this money for himself. Shortly after we had divided the 
 property between us, men of the jury, a suspicion arose 
 against this man, and an inkling that something was wrong. 
 In consequence of such suspicion, Olympiodorus and myself 
 resolved to put the man to the torture. And the slave, 
 before he was put to the torture, confessed, men of the jury, 
 that he had stolen a thousand drachms from Conon, and said 
 that he had still by him all that had not been spent ; (about 
 the larger sum he did not say a word at that time ;) and he 
 returns about sixty drachms. And of this sum which the 
 man returned we made a fair and honest division, according 
 to the oaths which we had sworn, and the articles of agree- 
 ment which were deposited with Androclides, I taking one 
 half, and the defendant Olympiodorus the other. 
 
 Not very long after this, the suspicions which had been 
 excited against the slave in the affair of the money which he 
 returned, induced Olympiodorus to bind and put him to the 
 question again. He did it this time by himself, without 
 asking me to attend, although he had sworn to make all 
 inquiries and do everything in concert with me. And the 
 slave, men of the jury, under the pain of the torture made a 
 further confession, and acknowledged that he had stolen from 
 Conon the seventy minas, and he returns the whole of this 
 sum to Olympiodorus the defendant. I, men of the jury, 
 when I heard of the slave having been questioned, and that 
 he had returned the money, supposed that Olympiodorus 
 would pay me the moiety of this sum, as he had before paid 
 me a moiety of the thousand drachms. And I did not begin 
 

 AGAINST OLYMPIODORUS. 105 
 
 to press him immediately, believing that he would see what 
 was right and arrange things for our common interest, so 
 that each of us should have what he was entitled to by virtue 
 of the oaths and the agreement, by which we were to share 
 equally all that Conon had left. Finding however that he 
 delayed and did nothing, I addressed myself to him, and 
 demanded to have my share of the money. Olympiodorus 
 continued to make some excuse or other and put me off. 
 And just at this time certain other persons preferred claims 
 to the inheritance of Conon, and Callippus, my half-brother 
 by the father's side, returned from, abroad ; and he too pre- 
 ferred his claim to a moiety of the inheritance. This served 
 as a new excuse to Olympiodorus for not paying me the 
 money, as the claimants were numerous, and he said T must 
 wait until the determination of the suit. And I was obliged 
 to consent, and did consent to do so. 
 
 After that, Olympiodorus the defendant and mysetf con- 
 sulted together, as we had sworn to do, upon the best and 
 safest way of dealing with the adverse claimants. And we 
 resolved, men of the jury, that Olympiodorus the defendant 
 should make claim to the whole of the estate, and that I 
 should claim a moiety, inasmuch as my brother Callippus 
 claimed a moiety only. When all the claims had been heard 
 before the archon, and the cause was about to come on for 
 trial, Olympiodorus and myself were wholly unprepared to 
 try at that moment, on account of the number of claimants 
 who had suddenly appeared against us. In that emergency 
 we put our heads together, to see if it was possible to get an 
 adjournment for the present, so that we might prepare our- 
 selves for the trial at our leisure. And by good luck it hap- 
 pened, that you were persuaded by the orators to send troops 
 into Acarnania, and Olympiodorus the defendant (among 
 others) had to serve in the army, and he went out with the 
 rest. Here, as we thought, was an excellent ground for 
 delay, the defendant being abroad on military service j and 
 when the archon summoned all the claimants into court 
 according to law, I made an affidavit asking for an adjourn- 
 ment on the ground that Olympiodorus the defendant was 
 out on a campaign in the public service. Our adversaries 
 replied to this by a counter-affidavit ; and attacking Olym- 
 piodorus, and having the last word, they got the jury to 
 
106 THE ORATIONS OF DEMOSTHENES. 
 
 decide, that he was away on account of the trial and not in 
 the service of the public. The jury having so decided, the 
 archon Pythodotus struck out the claim of Olympiodorus 
 according to law ; and this being struck out, it became neces- 
 sary also for me to abandon my claim to a moiety of the 
 estate. Thereupon the archon adjudged the estate of Conon 
 to our adversaries ; for the laws compelled him so to do. 
 They, as soon as they had obtained the adjudication, went 
 straight to the Piraeus to get from us all that either had 
 taken upon the partition. And I, being at home, delivered 
 up to them what I had had; for it was necessary to obey the 
 laws : Olympiodorus being out of the country, they took 
 immediate possession of all his share, except the sum of 
 money which he had separately received from the man, the 
 slave (that is) whom he put to the question; for they had no 
 means of getting hold of this money. 
 
 Such were the events that occurred while Olympiodorus 
 was abroad, and such was the benefit which I derived from 
 my connexion with him. When the defendant returned to 
 Athens with the rest of the troops, he was indignant, men of 
 the jury, at what had occurred, and thought that he had been 
 very harshly treated. While he was yet full of his indigna- 
 tion, we again put our heads together, Olympiodorus the 
 defendant and I, and deliberated what course we should take 
 to recover the property. The result of our consultation was, 
 that we determined to sue the successful parties, summoning 
 them in the usual way; and under the circumstances it 
 appeared to be the safest course, not to make it a joint suit 
 and risk all upon a single chance, but each to appear inde- 
 pendently, and that Olympiodorus should put in a claim to 
 the whole estate, as he had done before, and conduct his case 
 by himself, whilst I. put in my claim to the moiety, as my 
 brother Callippus claimed the moiety only ; so that, if Olym- 
 piodorus the defendant should win the cause, I might, accord- 
 ing to our oaths and our agreement, get back my share from 
 him, or, if he should lose and the jury give an adverse ver- 
 dict, he might recover his share from me fairly and honestly, 
 as we had promised and sworn to each other. After we had 
 resolved upon this course of action, which both to Olympio- 
 dorus and myself appeared to be the safest and the best, the 
 various parties in possession of Conon's estate were summoned 
 
AGAINST OLYMPIODOEUS. 107 
 
 according to law. Please to read the law, according to which 
 the summons was given. 
 
 [The law.] 
 
 According to this law, men of the jury, the parties were 
 summoned, and we set forth our respective titles on the 
 record 1 in the manner approved by Olympiodorus. And 
 after that- the archon heard our various claims, and prepared 
 the cause for trial, and brought it into court. And Olympio- 
 dorus opened his case first, and said whatever he pleased, and 
 produced such evidence as he thought proper ; and I, men of 
 the jury, sat in silence on the opposite platform. The trial 
 being managed in this way, Olympiodorus got the verdict 
 without difficulty. After getting the verdict however after 
 his having accomplished all our objects in the court after 
 recovering from the former successful parties all that they 
 took from us having all this now in his possession, besides 
 the money which he got from the slave who was put to the 
 torture Olympiodorus will not do anything that is fair and 
 just to me, but keeps the whole property himself, in spite of 
 his oath and agreement with me to share everything equally. 
 The articles of agreement are even now in the custody of 
 Androclides, who has himself given evidence in the cause. 
 
 I will produce further evidence before you, to prove all the 
 statements which I have made : and first to prove, that the 
 defendant and myself settled our dispute amicably in the 
 beginning, and took equal divisions of all the estate of Conou 
 that we knew of. Please to take this deposition first, and 
 then read the rest. 
 
 Now please to take the challenge which I gave Olympio- 
 dorus concerning the money which he took from the tortured 
 slave. 
 
 [TJie challenge.] 
 
 1 A different interpretation of the words dj/Teypa^dfj-eOa 
 T^aets is given by Meier and Schb'mann, in the Attic Process, page 756. 
 Pabst follows them in his version : " reichten wir die Nichtigkeitsklage, 
 woclurch wir unsere Anspruche auf die Erbschaft geltend machten, ein." 
 
 It seems to me that the expression has no reference to the obtaining 
 of a new trial. The proceeding taken by these parties was the com- 
 mencement of a new suit. 
 
108 THE ORATIONS OF DEMOSTHENES. 
 
 Now read the other deposition, showing that, when our 
 adversaries had obtained an adjudication, they got from us all 
 that we had in our possession, except the sum of money which 
 Olympiodorus received from the tortured slave. 
 
 [The deposition.] 
 
 How Olympiodorus and myself originally divided between 
 us the visible estate of Conon, you have heard from my state- 
 ment, men of the jury, and it has been proved to you by the 
 witnesses. You have learned also, that Olympiodorus re- 
 ceived the sum of money from the slave, and that the parties 
 who recovered the estate got all that we had taken and kept 
 it, until the defendant obtained a verdict on the second trial. 
 I must now draw your attention to the reasons which he 
 assigns for not paying me my share and acting fairly by me : 
 pray attend, men of the jury, that you may not be misled pre- 
 sently by the orators, whom he has engaged against me. 
 
 He never indeed says the same thing, but sometimes one 
 thing and sometimes another, just as it happens ; he goes 
 about making absurd excuses and frivolous insinuations and 
 false charges ; and there is nothing honest about him in the 
 whole business. Many have heard him say, that he never 
 received the money from the slave at all ; but again, when 
 the receipt of the money is brought home to him, he declares 
 that he got it from his own servant, and I shall have no 
 share either of this or anything else that Conon left. When 
 any of our common friends ask him, why he refuses to pay 
 me, after having sworn to share everything equally, and when 
 the articles of agreement are still subsisting, he says that 
 I have broken the agreement and used him shamefully, and 
 he says that I have all along been speaking and acting in 
 opposition to him. Such are the excuses which Olympiodorus 
 sets up. He has nothing to appeal to, men of the jury, but 
 grounds of suspicion invented by himself, false pretences and 
 wicked contrivances, got up expressly to cheat me out of a 
 just demand. I, on the contrary, when I accuse Olympio- 
 dorus of falsehood, shall have more than suspicion to confirm 
 the charge ; I shall exhibit in strong light the shamelessness 
 of his conduct, as well by the facts which I shall lay before 
 you, the truth of which is notorious, as by the direct testimony 
 which I shall offer upon every point. 
 
AGAINST OLYMPIODORUS. 109 
 
 In the first place, men of the jury, I say Olympiodorus 
 declined a reference to our common friends and relations, 
 who knew all about the circumstances of the case, and had 
 watched their progress from the beginning ; and he declined 
 for this reason, because he knew perfectly well that, if he told 
 any untruth, they would instantly see through it and expose 
 him ; whereas now he possibly thinks he may tell lies without 
 your finding him out. Again I say it is not consistent, 
 Olympiodorus, with my acting in opposition to you, that I 
 should join you in defraying necessary expenses from time to 
 time, or that I should have voluntarily abandoned my claim 
 at the time of your being abroad, when your claim was struck 
 out because it was thought that you were away on account of 
 the trial and not on the public service. I might have prose- 
 cuted my own claim to a moiety of the inheritance ; (for no 
 human being disputed my title, but all the adverse claimants 
 allowed it ;) only, had I so acted, I should have committed 
 downright perjury, as I had sworn and agreed with you to 
 take all measures in concert, and do whatever upon consulta- 
 tion was thought to be advisable. Hence it appears that the 
 pretexts and excuses which you allege for refusing to do me 
 justice are altogether absurd and frivolous. But let me ask 
 another question Do you suppose I should have permitted 
 you, Olympiodorus, upon the last trial for the inheritance, 
 either to make the reckless assertions which you made to the 
 jury, or to give such evidence as you did upon the points on 
 which you called witnesses, unless I had been acting in com- 
 bination with you ? Why, the defendant, men of the jury, 
 said anything that he liked in the court, and (among other 
 things) told the jurors that I had rented of him the house 
 which I received as part of my share on the division, and that 
 I had borrowed of him the sum of money which I received, 
 the moiety (that is) of the thousand drachms obtained from 
 the servant. And he not only told this story, but produced 
 evidence in support of it : and I said nothing in contra- 
 diction ; not a word, not a syllable was heard from my lips, 
 while the defendant was conducting his case ; I admitted the 
 truth of all that he chose to assert ; I was bound to do so, for 
 I was co-operating with you, Olympiodorus, according to 
 our arrangement. If what I am saying is untrue, why did I 
 not take proceedings against the witnesses who gave that 
 
 
110 THE ORATIONS OF DEMOSTHENES. 
 
 evidence ? Why, instead of that, did I remain perfectly quiet ? 
 Or why did you, Olympiodorus, never bring an action against 
 me for the rent of the house which you had let to me, and 
 which was your own, as you said, or for the money which you 
 told the jurors you had lent me 1 You did neither the one 
 nor the other. How could any mortal then he convicted 
 more clearly than you have been of falsehood, of inconsistency, 
 and of calumny ? 
 
 But now for the strongest proof of all, to convince you, 
 men of the jury, of his covetousness and dishonesty. If 
 there is a word of truth in what he now asserts, he should 
 have declared and pointed it out before he went to trial and 
 before he made experiment how the jury would decide. He 
 should have taken several witnesses with him and insisted on 
 withdrawing the articles of agreement out of the custody of 
 Androclides, on the ground that I was violating their terms 
 and acting in opposition to him, and that the articles were 
 no longer in force between us, and he should have protested 
 to Androclides, the depositary, that he had no longer anything 
 to do with those articles of agreement. This is what he 
 should have done, men of the jury, if there was any truth in 
 his assertions ; he should have gone to Androclides and made 
 this protest at all events, whether he went by himself or with 
 witnesses ; but he should rather have gone with a number of 
 witnesses, so that a number of persons might have been 
 privy to the fact. To show you that he did nothing of the 
 kind, you shall hear the deposition of Androclides himself, 
 with whom the articles of agreement are deposited. Head 
 the deposition. 
 
 [The deposition."] 
 
 Consider another thing which he has done, men of the 
 jury. I gave him a challenge and requested him to come 
 with me to Androclides, with whom the articles of agreement 
 are deposited, and to make a joint copy of the agreement 
 and then seal it up again, and put the copy into the evidence 
 box, that there might be no suspicion of any foul play, and ' 
 that you might hear the plain and simple truth and so arrive 
 at a just decision. Upon my giving him this challenge, he 
 refused to do anything of the kind ; this is his cunning 
 policy, to prevent your having the agreement read from an 
 
AGAINST OLYMPIODORUS. Ill 
 
 admitted copy. To prove that I gave this challenge to the 
 defendant, he shall read you a deposition by the persons in 
 whose presence I gave it. Read the deposition. 
 
 [The deposition.] 
 
 Could any exposure be more complete than this of Olym- 
 piodorus, proved as it is, that he declines to act fairly by me 
 in any way, that he endeavours to defraud me of my rights 
 by means of excuses and calumnies, and that he did not wish 
 you to hear the agreement which he says I have broken 1 
 How differently I have acted I challenged him then before 
 the witnesses who were present, and I challenge him again 
 now before you the jurors, and I call upon him to consent 
 and I myself consent, to have the articles of agreement 
 opened here before the court, and let you hear them, and 
 have them sealed up again in your presence. Here is Andro- 
 clides in court ; I gave him notice to attend with the articles 
 of agreement. And I consent, men of the jury, that they 
 shall be opened during the defendant's speech, either his first 
 or his second ; it makes no difference. I am desirous that 
 you should hear the agreement and the oaths, which we 
 swore to each other, Olympiodorus the defendant and I. If 
 he consents then, let it be so, and you will hear the articles 
 when he thinks proper : if he declines this course, will it 
 not then be plain, men of the jury, that he is the most im- 
 pudent of mankind, and that you ought not to give the 
 slightest credit to a word that he utters ? 
 
 But why am I thus earnest in argument 1 The defendant 
 knows as well as I do, that he has sinned against me, that 
 he has sinned against the gods, who witnessed the oath which 
 he violates. But his mind is disordered, men of the jury; 
 he has not his senses about him. What I am about to tell 
 you, men of the jury, fills me with shame and grief ; yet I 
 am compelled to mention it, in order that you, with whom 
 the verdict rests, may have all the circumstances before you 
 when you come to consider what is the best way of dealing 
 with this case. For what I am about to tell you the defend- 
 ant has only himself to thank, as he has not chosen to settle 
 our differences among relations, but resolved rather to brazen 
 it out. 
 
 You must know then, men of the jury, that Olympiodorus 
 
112 THE ORATIONS OF DEMOSTHENES. 
 
 the defendant has never married a woman of Athenian birth 
 according to your laws, and he has no children nor ever had 
 any ; but he keeps a mistress, whom he redeemed from servi- 
 tude, and she it is who brings shame upon us all, and goads 
 the defendant into acts of madness. For what else is it but 
 madness, when he refuses to perform any part of his agree- 
 ment, which was entered into with our mutual consent and 
 confirmed by oath, and when I am striving not for my own 
 private advantage only, but for her, to whom I am married, 
 his sister both by the father's and the mother's side, and for 
 his niece, my daughter ? For they are wronged no less than 
 I am, indeed far more. Are they not wronged ? are they not 
 shamefully treated 1 when they see the defendant's mistress 
 arraying herself, without regard to decency, in jewels and 
 fine clothes, making a splendid appearance in public, and 
 exhibiting her vanities at our expense, while they themselves 
 are too poor to procure such things 1 l Am I not correct in 
 saying that their wrong is greater than mine ? And is not 
 Olympiodorus evidently mad and insane, to behave himself 
 as he does 1 That he may not say, men of the jury, that I 
 am making calumnious imputations for the sake of this 
 cause, you shall hear the evidence of our common friends. 
 
 [The deposition.] 
 
 Such is the character which Olympiodorus bears. He is 
 not only dishonest, but in the opinion of all his friends and 
 acquaintances, judging from his course of life, he is touched 
 with insanity. To use the language of our legislator Solon, 
 he is deranged, (as never man was deranged before,) from 
 being under the influence of a prostitute. The law of Solon 
 declares, that all acts shall be null and void, which are done 
 by any one under the influence of a woman; much more 
 such a woman as that. Wisely has the legislator provided. 
 And I now entreat you and not I only, but also my wife, 
 the sister of this Olympiodorus, and my daughter, the niece 
 of this Olympiodorus (imagine to yourselves, that they, as 
 well as I, are now standing before you) we all beseech and 
 
 1 "Hinc illae lachrymae. Quis enim dubitet, matrem familias, cum 
 marito quotidie expostulantem de concubinse illius cultu vestituque, 
 quern ipsa sequare non posset, magnas hac in lite partes habuisse ? " 
 Schafer. 
 
AGAINST TIMOTHEUS. 113 
 
 implore you, men of the jury, if possible, to prevail on 
 Olympiodorus the defendant not to do us wrong ; but, if you 
 cannot prevail upon him, then we ask you to bear in mind 
 the facts which have been laid before you, and give such 
 verdict as you consider most just and righteous. If you act 
 in this way, you will not only arrive at a just decision, but 
 at one which is for the benefit of us all, and especially of 
 Olympiodorus himself. 
 
 THE ORATION AGAINST TIMOTHEUS. 
 
 THE ARGUMENT. 
 
 THIS was an action of debt, brought by Apollodorus, son of Pasion the 
 banker, against the celebrated general Timotheus. The plaintiff 
 claims divers sums of money, amounting in the whole to 44 minas 
 38 drachms 2 obols, which he alleges to have been lent or paid for 
 the defendant's use by Pasion at different times. On the death of 
 Pasion, the right of action devolved upon his son, who commenced 
 this suit about the year B.C. 359, fourteen or fifteen years after the 
 first contraction of the debt. 
 
 The claim is composed of the following items : 1,351 drachms 2 obola 
 for money borrowed by Timotheus in the year B.C. 374, when he was 
 appointed to command the Athenian fleet against the Spartans 10 
 minas borrowed B.C. 373, to discharge a loan which he had contracted 
 in Calauria in order to pay the Boeotian crews one mina borrowed 
 at the close of that year, when he had to entertain Jason and Alcetas, 
 who came to Athens to intercede for him upon his trial ; and also 
 337 drachms, the price of two silver plates which he had borrowed 
 on the same occasion 1,750 drachms paid by Pasion B.C. 372 at the . 
 defendant's request for the freight of some timber which his agent 
 brought from Macedonia, and which had been given him by king 
 Amyntas. 
 
 These various debts were contracted by Timotheus under the pressure 
 of his political necessities, and it will be convenient, if I briefly men- 
 tion the historical events which are referred to in connexion with 
 this case. 
 
 In the year B.C. 375 Timotheus was sent with a fleet of sixty galleys to 
 cruise round Peloponnesus, at the request of the Thebans, who were 
 then in alliance with Athens, and who were anxious to prevent the 
 Spai-tans from invading Bceotia. He defeated the Spartan fleet, re- 
 annexed Corcyra to his country, and formed an alliance with the 
 Cephallenians, the Acarnanians, and Alcetas, king ofrEpirus. At the 
 same time he was much embarrassed in his operations for want of the 
 sinews of war, which were but scantily supplied by the Athenian 
 treasury. A peace was then concluded between Athens and Sparta, 
 but the war was soon afterwards renewed, B.C. 374, Timotheus having 
 VOL, V. I 
 
114 THE ORATIONS OF DEMOSTHENES. 
 
 stopped on his way home at Zacynthua and restored some exiles of 
 the democratic party. He was then again despatched with a fleet to 
 act against Mnasippus in Corcyra, but for want of supplies was com- 
 pelled to cruise about in the ./Egean, to raise both men and money. 
 It was at this period, B.C. 373, that he formed an intimacy with 
 Amyntas, king of Macedonia, who promised to supply him with 
 timber for a house that he was building in Piraeus. In consequence 
 of these delays he was deposed from his command, and recalled to 
 take his trial on charges preferred against him by Iphicrates and Callii- 
 tratus. His friends, Jason of Pherse and Alcetas of Epirus, came to 
 Athens to exert their influence with the people on his behalf : and 
 he was acquitted, though deprived of his office of general. At the 
 close of the year he entered the service of Artaxerxes, and went to 
 take the command against Nectanabis in Egypt. Before he left 
 Athens on this expedition, he requested Pasion to pay for the freight 
 of timber which he expected from Macedonia, and which arrived the 
 following year, B.C. 372. 
 
 Between that time and the commencement of the plaintiff's action, 
 Timotheus returned into favour with his countrymen, and com- 
 manded their forces with great success; the most signal of his 
 achievements being the reduction of Samos, the capture of Sestos 
 and Crithote, and the conquest of the Chalcidian towns. He became 
 reconciled to his rival Iphicrates, and in the year B.C. 360 gave his 
 daughter in marriage to Menestheus, the son of that general. B.C. 
 358 he made the famous speech, exhorting the Athenians to drive 
 the Thebans out of Eubcea. B.C. 356 he commanded in the Social 
 War with Iphicrates and Menestheus ; and the following year he was 
 brought to trial for his misconduct in the war, and sentenced to a 
 fine of a hundred talents ; which being unable to pay, he went into 
 exile and died at Chalcis. 
 
 The high character borne by Timotheus, to which Demosthenes himself 
 has amply testified in his public orations, has caused it to be doubted 
 whether he was the author of the present speech, in which Apollo- 
 dorus charges his adversary with dishonesty in seeking to escape 
 from the payment of a just debt, and also with gross ingratitude to 
 Pasion, who had lent him money in the times of his distress. 
 Plutarch indeed ascribes the authorship to Demosthenes, and there 
 is an obvious distinction between what the orator asserts when speak- 
 ing in his own person, and what he might have written anonymously 
 for his client. The authenticity of the speech has however been dis- 
 puted on other grounds ; viz. the poverty of the style, the multitude 
 of useless repetitions, and the circumstance that Pasicles is produced 
 as a witness, who could hardly have been born at the time of the 
 transactions which he is called to speak to. Harpocration first 
 suggested a doubt upon the subject ; Bockh, Bekker, and Schafer have 
 not hesitated to pronounce the speech to be spurious. Pabst inclines 
 to the same opinion. On the other hand, Eeiske, Clinton, and A. G. 
 Becker believe it to be genuine. 
 
 DON'T let any of you think it strange, men of the jury, 
 that Timotheus should have owed this money to my father, 
 
AGAINST TIMOTHEUS. 115 
 
 for which the present action is brought against him. When 
 I have called to your mind the occasion upon which the loan 
 was contracted, and the events which occurred at that time, 
 and the great difficulties in which the defendant was involved, 
 you will be of opinion that my father acted most generously 
 to him, and that Timotheus, for what he has done, is the most 
 dishonest as well as the most ungrateful of men. For, after 
 having obtained all that he asked from my father, and re- 
 ceived money from the bank, at a time when he was in the 
 greatest distress, and when his life was in danger, he has not 
 only made us no requital, but seeks even to defraud me of 
 the money which he borrowed. If things had gone wrong 
 with the defendant, my father's money was lost j for he lent 
 it without taking security, and without witnesses : if he got 
 off, it rested with himself to choose his time of payment when 
 he had the means. However, men of the jury, my father 
 thought less of his own pecuniary advantage, than of helping 
 Timotheus in his distress, and doing him the service which 
 he asked. My father certainly believed, men of the jury, that, 
 if Timotheus got safe out of his troubles and returned from 
 the Persian king's service to Athens, when Timotheus was in 
 better circumstances, he should not only get his money back, 
 but that he would have influence enough with Timotheus to 
 obtain any favour that he might ask. Since however it has 
 not turned out as my father expected since the loan which 
 Timotheus asked of my father, and which was so kindly 
 advanced to him from the bank, he resolves, now that my 
 father is dead, not to pay without legal and hostile proceed- 
 ings and strict proof of his liability, but rather, if by an artful 
 speech he can persuade you that he is not liable, to cheat me 
 out of the money I deem it necessary to explain all the 
 circumstances to you from the beginning, the several loans 
 which were contracted, their respective purposes, and the 
 date of each. Don't be surprised that I should have accurate 
 information upon the subject : for it is the custom with 
 bankers, to make memoranda of the sums which they advance, 
 and the purposes for which they are wanted, and of the sums 
 which their customers deposit, so that, by knowing what has 
 been received and what deposited, they may be able to 
 balance their accounts. 
 
 In the archonship of Socratidas, in the month of Muny- 
 i2 
 
116 THE ORATIONS OF DEMOSTHENES. 
 
 chion, -when Timotheus the defendant was about to sail on 
 his second l expedition, and shortly before he embarked in 
 the Piraus, being in -want of money, he came up to my father 
 in the harbour, and requested a loan of thirteen hundred and 
 fifty-one drachms two obols ; that was the exact sum he said 
 he wanted ; and he requested my father to give it to Anti- 
 machus his treasurer, who managed everything for him at 
 that time. It was Timotheus who borrowed the money 
 from my father, and requested him to give it to Antimachus 
 his treasurer ; but the person who received the money from 
 Phorario at the bank was Autonomus, who acted during all 
 that period as secretary to Autimachus. Accordingly, when 
 this money, the thirteen hundred and fifty-one drachms two 
 obols, was paid out of the bank, my father debited Timotheus 
 with it, who asked him to lend it ; but took a memorandum 
 of the person to whom Timotheus ordered the money to be 
 paid, namely Antimachus, and also of the person whom 
 Antimachus sent with his servant to the bank to receive the 
 cash, namely Autonomus. This was the first debt which 
 Timotheus contracted, for money borrowed on the eve of his 
 second expedition as general. 
 
 The next was after you had deposed him from his command 
 for not sailing round Peloponnesus. He had been brought 
 for trial before the popular assembly upon a charge of a most 
 serious nature; his prosecutors were Callistratus and Iphi- 
 crates, men of influence both as orators and politicians, and 
 they produced such an effect on your minds, both they and 
 their supporters, by their accusation of the defendant, that 
 you condemned and put to death his treasurer and confi- 
 dential agent, Antimachus,. and also confiscated his property; 
 Timotheus himself, at the intercession of all his friends and 
 connexions, and on the petition also of Alcetas and Jason, 
 your allies, you were induced reluctantly to pardon, though 
 you removed him from his office of general. Such a charge 
 was hanging over him, and he was in great distress for money ; 
 for all his property was in mortgage ; tablets were fixed on 
 it, and other persons had the dominion; his land in the 
 plain was made over as security to the son of Eumelidas, and 
 
 1 "Respicit hoc ad priorem ejus fKirAow, qui incidit in annum Olymp. 
 101, 1, quo Timotheus Lacedsemonios ad Leucada praelio navali vicit." 
 Eeiske. 
 

 AGAINST TIMOTHEUS. 117 
 
 the rest of his estate was mortgaged to the sixty trierarchs 
 who went out with him for seven minas each, which he as 
 commander had forced them to distribute among their re- 
 spective crews for maintenance : after he was deposed, he 
 stated in the account which he rendered that he had himself 
 paid those seven minas for the ships out of the military 
 fund, and so, fearing that the trierarchs would give evidence 
 against him and he should be convicted of falsehood, he pri- 
 vately borrows the seven minas from each of them and gives 
 them a mortgage on his estate, though now of that very 
 money he seeks to deprive them, and has removed the tablets. 
 He was in every way embarrassed, and his life was in the 
 utmost peril on account of the misfortunes which had fallen 
 upon the country, the army being in a state of dissolution in 
 Calauria for want of pay, and the allies round Peloponnesus 
 being blockaded by the Lacedaemonians : Iphicrates and Cal- 
 listratus accused him as being the author of the calamity ; 
 those who came from the army also were reporting to the 
 assembly its destitute and wretched condition, and indivi- 
 duals received intelligence of the state of things by letters 
 from their friends and relations. Call to mind, every one of 
 you, what your feelings were towards him at the time, when 
 you heard these news in the assembly ; for what I am now 
 telling you must be in your remembrance. The defendant, 
 while he was yet in Calauria, and was on the eve of returning 
 home to take his trial, borrows from Antiphanes of Lampra, 
 whom Philip the shipowner took out with him as treasurer, a 
 sum of a thousand drachms, to distribute among the Boeotian 
 trierarchs, in order that they might stay there till after his 
 trial, and for fear, if the Boeotian fleet should be broken up 
 and the troops disbanded before the trial, your irritation 
 against him might be increased. For, although our country- 
 men endured their privations and remained with the arma- 
 ment, the Boeotians said they would not stay unless their 
 daily rations were provided. The defendant, in this emer- 
 gency, borrows the thousand drachms from Antiphanes, who 
 was then out with Philip the shipowner as his treasurer, and 
 he gives that sum to the Boeotian admiral. Upon his arrival 
 at Athens, Philip and Antiphanes both asked him to pay the 
 thousand drachms which he had borrowed in Calauria, and 
 were angry at not getting speedy payment. Timotheus, fearing 
 
118 THE ORATIONS OF DEMOSTHENES. 
 
 his enemies might be informed, that the thousand drachms, 
 which he in his account stated he had paid for the Boeotian 
 fleet out of the military fu-nd, had been lent by Philip, and 
 that Philip could not get them back, and fearing that Philip 
 would appear as a witness against him on his trial, came to 
 my father and requested him to discharge Philip, to lend him 
 (that is) the thousand drachms to pay Philip. My father 
 then, seeing the extreme peril and distress of the defendant, 
 and having compassion on him, took Philip to the bank, and 
 desired Phormio, who was then the cashier, to pay him a 
 thousand drachms, and to debit Timotheus with the amount. 
 To prove the truth of these statements, I will produce 
 Phormio, who paid over the money, as a witness; but just let 
 me explain to you about the other loan, that by the same 
 deposition you may learn the whole amount of the debt, and 
 so convince yourselves thnt I am speaking the truth. I will 
 also call Antiphanes before you, who lent this sum of a 
 thousand drachms to the defendant in Calauria, and who was 
 present when Philip received payment of the money from 
 my father here. He prevented me by a trick from putting a 
 deposition in the box before the arbitrator; for he kept 
 saying that he would give evidence for me by the day of 
 giving the award ; and when the day arrived, although he 
 was summoned from his house, (for he was not to be seen,) 
 he failed to attend as a witness at the instigation of the 
 defendant. Upon my depositing the drachm for default of 
 attendance as a witness, 1 the arbitrator did not find an award 
 against the defendant, but found in his favour, and left when 
 it was late in the day. And now I have commenced a private 
 action for damage against Antiphanes, because he neither 
 gave evidence nor took an oath of disclaimer according to 
 law. And I require him to get up and say before you on his 
 oath, first, whether he lent Timotheus a thousand drachms in 
 Calauria ; secondly, whether Philip received payment of that 
 money here from my father. Timotheus himself indeed 
 almost confessed before the arbitrator, that my father paid 
 Philip the thousand drachms ; only he says that my father 
 did not lend the money to him (the defendant), but to the 
 
 1 " Wahrscheinlich wurde diese drachme fur die Eintragung der 
 Beschwerde gegen den Zeugen entrichtet. Vergl. Plainer, 222." 
 Pabst's note. 
 
AGAIXST TIMOTHEUS. 119 
 
 Boeotian admiral, and he says that the Boeotian pledged some 
 copper for that money. That this statement is untrue that 
 Timotheus himself borrowed the money and was endeavour- 
 ing to avoid payment I will show you, when I have gone 
 through the particulars of his other debts. 
 
 Alcetas and Jason came in the month of MsQinacterion, in 
 the archonship of Asteius, to visit the defendant and give him 
 their support upon his trial ; it was evening-time when they 
 arrived at his house in Piraeus in the Hippodamea, 1 and he, 
 not having the means to entertain them properly, sent 
 JEschrion, his lackey, to my father, to beg the loan of some 
 bed-covers and cloaks and two silver cups, and to borrow 
 a mina in silver. My father, hearing from ^Eschrion what 
 persons had arrived, and the urgent occasion for which he 
 asked the favour, and the objects for which they had come, 
 lent him the articles which were required, and also the money 
 which he asked to borrow. After the acquittal of the de- 
 fendant upon the criminal charge, he was for some time in 
 great want of money both for his private expenses and for the 
 public taxes which he had to pay; and in consequence of 
 this my father did not venture to ask for payment very early; 
 for, while he never imagined that Timotheus would neglect to 
 reimburse him when he had the means, he thought it would 
 be impossible to recover the debt from him while he was 
 without means. After the departure of Alcetas and Jason, the 
 defendant's servant, ^Eschrion, brought back again the bed- 
 covers and the cloaks, but did not bring back the two plates, 
 which he had begged the loan of at the same time when he 
 borrowed the bed-covers and the mina in silver, upon the 
 arrival of Alcetas and Jason at the defendant's house. 
 
 When Timotheus was about to quit the country and go 
 into the service of the Persian king, (having obtained leave 
 to go out as the king's general to conduct the ^Egyptian war, 
 in order that he might not at his audit here be called to 
 an account for his military administration,) he sent for my 
 father to the Paralium, 2 thanked him for former favours, 
 
 1 The market-place in Pirseus, so called from the architect Hippo- 
 damus, who laid out the Pirseus into streets, and converted it into a 
 handsome town. 
 
 2 Pabst "den Paralischen Platz." According to Harpocration 
 there was an Athenian hero, Paralus. 
 
120 THE ORATIONS OF DEMOSTHENES. 
 
 and introducing to him Philondas, a Megarian by birth, who 
 resided at Athens, and who at that time enjoyed the con- 
 fidence of the defendant and was engaged in his service, he 
 requested my father, when Philondas (whom he then intro- 
 duced) should return from Macedonia with some timber 
 given to the defendant by Amyntas, to supply him with the 
 freight for the timber, and let him carry the timber up to his 
 (the defendant's) house in Piraeus, as the timber belonged to 
 him (the defendant). And at the time that he made this 
 request, he used language with which his present acts are not 
 very consistent : for he said, even if he should not obtain 
 what he asked of my father, he should not be angry with 
 him as another person so refused might be, but he should 
 requite him on the first opportunity for the services which he 
 had already done him at his request. My father, on hearing 
 this, was pleased at his words, commended him for his 
 grateful feelings, and promised to do what he asked. After 
 that the defendant set sail and went to join the Persian 
 king's commanders ; and Philondas, whom he had introduced 
 to my father, and to whom he had requested him to give the 
 freight upon his arrival with the timber, set out on his 
 journey to Macedonia. The date of this transaction was 
 about the month of Thargelion, in the archonship of Asteius. 
 In the following year Philondas arrived at Athens with the 
 timber from Macedonia, while Timotheus was absent in the 
 service of the king. He came to my father and requested 
 him to give him the freight of the timber, that he might 
 settle with the shipowner, as my father had asked him to do 
 at the time of the introduction of Philondas on the eve of 
 his voyage. My father then took him to the bank, and 
 desired Phormio to give him the freight of the timber, a sum 
 of seventeen hundred and fifty drachms. And Phormio 
 counted out the money ; and he debited Timotheus with it ; 
 for he it was who asked my father to supply the freight of 
 the timber, and to him it belonged : and he made memo- 
 randa of the occasion for which the money was received, and 
 the name of the person who received it. The date of this 
 transaction was the archonship of Alcisthenes, the year after 
 the defendant set sail to join the king. 
 
 About the same time also Timosthenes of JSgilia returned 
 home from a voyage which he had made on some private 
 
AGAINST TIMOTHEUS. 121 
 
 mercantile adventure. Timosthenes, being a friend and 
 partner in trade of Phormio, gave to Phormio at the time 
 of his departure divers articles of property to keep for him, 
 and (among others) two plates of Lycian workmanship. It 
 happened by chance that the boy, not knowing that these 
 plates belonged to another person, gave them to ^iEschrion, 
 the defendant's lackey, when he was sent by the defendant to 
 my father and asked for the loan of the bed-covers and 
 the cloaks and borrowed the mina in silver, at the time 
 when Alcetas and Jason came to the defendant's house. 
 Timosthenes upon his arrival, (the defendant being still 
 abroad in the king's service,) asked Phormio to return him 
 the plates ; and my father persuaded him to accept the value 
 of the plates, as much as their weight amounted to, which 
 was two hundred and thirty-seven drachms. And he paid 
 Timosthenes the value of the plates, and he debited the 
 defendant with the sum which he paid Timosthenes for 
 them, adding it to the rest of the debt which the defendant 
 owed him. To prove the truth of all these statements, he 
 shall read you the evidence in the depositions ; first that of 
 the servants in the bank, who paid out the money to the 
 persons whom Timotheus directed it to be paid to, and then 
 that of the person who received the price of the plates. 
 
 [The depositions.'] 
 
 That nothing which I have stated is untrue, you have 
 learned from the depositions. He shall now read you one, 
 proving an acknowledgment by the defendant himself, that 
 the timber imported by Philondas was carried up to his 
 house in Piraeus. 
 
 [The deposition.] 
 
 That the timber which Philondas brought belonged to the 
 defendant, he has proved for me, as you see, by his own 
 testimony ; for he admitted before the arbitrator, that it was 
 carried up to his house in Piraeus, as those who heard him 
 have testified to you. I will endeavour also to show you by 
 circumstantial proof, that what I say is true. Do you 
 imagine, men of the jury, that, if the timber had not been 
 the property of Timotheus, and he had not introduced Phi- 
 londas at the time when he was about setting sail to join the 
 king's generals, and requested my father to furnish the 
 
122 THE ORATIONS OF DEMOSTHENES. 
 
 freight, my father would ever have allowed Philondas to 
 carry the timber away from the harbour, supposing the 
 timber to have been mortgaged to him for the freight, and 
 would not rather have placed one of his servants to keep 
 possession and to receive the price of what was sold from 
 time to time until he got his money back; assuming, that 
 the timber belonged to Philondas and was imported in the 
 way of trade ? And besides this does any man here think 
 it likely, that, unless Timotheus had requested my father to 
 supply the freight of the timber which had been given him 
 by Amyntas, my father would have trusted Philondas, and 
 suffered him to carry the timber from the harbour up to the 
 defendant's house? Again, how is it possible, if Philondas 
 (as the defendant says) imported the timber in the way of 
 trade, that the defendant on his return home should have 
 used the timber for the building of his house 1 And con- 
 sider this too many respectable citizens were friends of 
 Timotheus and looked after his affairs, while he was abroad 
 in the king's service. Not one of them has ventured to 
 appear for him and give evidence, either that Philondas did 
 not receive the freight of the timber from the bank, or that 
 after receiving he paid it; nor yet, that any one of them 
 discharged the freight for the timber which Philondas 
 brought, and which had been given to the defendant by 
 Amyntas : for they deem it of greater importance to them- 
 selves, to maintain the character of good and honest men, 
 than to gratify Timotheus by giving false testimony. They 
 declared however that they would not give evidence of the 
 truth against him, as he was their friend. Since then none 
 of his intimate friends, who looked after his affairs when he 
 was abroad in the king's service, has ventured to bear witness 
 for him, either that Philondas did not receive the freight of 
 the timber from the bank, or that any of them paid it, is it 
 not reasonable that you should believe the truth of my state- 
 ments ? He won't venture either to say this, that any one 
 else but my father paid the freight for the timber which 
 Philondas brought. 'Should he make such an assertion, 
 require him to produce before you the deposition of the 
 person who paid the freight for the timber. It is admitted 
 that he himself was abroad in the king's service ; and as to 
 Philondas, whom he sent to fetch the timber and whom he 
 
AGAINST TIMOTHEUS. 123 
 
 introduced to my father you know, Timotheus, you found 
 him dead, when you returned from the service of the king. 
 Some other then of your friends and acquaintances, whom 
 you left to look after your affairs when you were going abroad, 
 must know from what source Philondas got the freight of the 
 timber to pay the shipowner, if you deny that you intro- 
 duced my father to Philondas, or that he received the freight 
 of the timber from my father. But you cannot produce a 
 deposition from any of your friends, to show that the freight 
 of the timber was not received from the bank while you were 
 abroad ; and one of two things follows either you are not 
 on terms with any of your friends, and have no confidence 
 in any of those who belong to you, or you know perfectly 
 well that Philondas did receive the freight of the timber 
 from my father, to whom you introduced him when you were 
 about to sail from Athens, and you are now deliberately 
 endeavouring to cheat me out of this debt. I, men of the 
 jury, have already produced before you the deposition of 
 the servants of the bank, who paid over the money to the 
 persons to whom Timotheus desired them ; but in addition 
 to this, I was willing to confirm the evidence by an oath, 
 which he shall read you. 
 
 [Tlie oath.} 
 
 Not only did my father write down the debts which he 
 left, men of the jury, but he stated to rne and to my brother 
 in his last illness each particular sum that was owing to him, 
 and the name of the debtor, and the purpose for which the 
 money was received. To prove the truth of this statement, 
 read, if you please, my brother's deposition. 
 
 [The deposition.} 
 
 That Timotheus was left by my father owing us this 
 money, for which I sue him, and that it has fallen to my 
 share in the succession, I have proved both by the evidence 
 of my. brother and by that of Phormio, who gave the 
 money ; and I myself was willing to confirm the statement 
 by an oath. The defendant gave me a challenge before the 
 arbitrator, requesting me to bring the accounts from the 
 bank and asking for copies, and he sent Phrasierides to the 
 bank ; I brought out the accounts to this Phrasierides and 
 allowed him to examine them and to have the entries of his 
 
124 THE ORATIONS OF DEMOSTHENES. 
 
 own debt copied from the book. To prove that he admitted 
 having received copies, read me the deposition. 
 
 [The deposition."] 
 
 I brought the accounts to the arbitrator; Phormio and 
 Euphraeus, who had paid the money to persons whom he 
 named to receive it, attended and proved the case against 
 him, showing the date of each loan which he contracted, the 
 purpose for which he received the money, and that to which 
 he applied it. The defendant said, with respect to the 
 thirteen hundred and fifty-one drachms two obols, which he 
 first borrowed in the month of Munychion in the archonship 
 of Socratidas, when he was on the eve of his voyage, and 
 which he desired to be given to his treasurer Antimachus, 
 that my father lent that sum to Antimachus on his private 
 account, and that he (Timotheus) did not receive it. In 
 support of this statement he has produced no witness, but 
 makes the assertion, that it may not be thought that he is 
 cheating us out of the money, if i-t was borrowed by Anti- 
 machus. Now, men of the jury, I will give you a pretty 
 good proof, that my father did not lend this money to Anti- 
 machus, but to Timotheus when on the eve of his departure. 
 Why, which do you think would have been the easier course 
 for my father to prefer his petition, when the property of 
 Antimachus was confiscated, and claim a charge on the 
 estate to this amount, 1 supposing him to have lent to Anti- 
 machus or to wait until he had a chance of getting it from 
 Timotheus when in better circumstances, Timotheus having 
 very little hope of his deliverance at that time 1 Doubtless, 
 had he made this claim, he would have had no difficulty in 
 finding the deposit, nor would he have been distrusted by 
 you ; for you are all aware, that my father did not desire to 
 rob the public, but used cheerfully to spend his own money 
 in your service, whenever you required him ; and besides, 
 Callistratus, who sold the effects of Antimachus, was on 
 friendly terms with my father, and therefore was not likely 
 to oppose him. What object then could my father have had 
 in leaving Timotheus in his books as our debtor, if he really 
 
 1 See Volume iii. Appendix viii. page 341 ; and the Archaeological 
 Dictionary, titles Paracatdbole and Syndicus. 
 
AGAINST TIMOTHEUS. 125 
 
 did not owe this money, rather than preferring his petition 
 and getting it out of the confiscated estate of Antimachus? 
 
 With respect to the thousand drachms, which he borrowed 
 from Antiphanes in Calauria, to distribute among the 
 Boeotian commanders, when he was about to return home to 
 take his trial, and which he paid to Philip the shipowner 
 here after getting the money from my father, he says that 
 the Boeotian admiral borrowed that sum and gave some 
 copper to my father in pledge for it. That this is untrue, I 
 will give you a good proof. In the first place, it is shown 
 that Timotheus borrowed the thousand drachms in Calauria, 
 and not the Boeotian admiral ; secondly, that Philip de- 
 manded the thousand drachms here from Timotheus, and not 
 from the Boeotian admiral, and that Timotheus paid them, 
 and not the Boeotian admiral : for it was proper that the 
 Boeotian admiral should receive from Timotheus the main- 
 tenance for his crews, as the pay was supplied for the forces 
 out of a common contribution, and you, Timotheus, collected 
 all the money from the allies, and you were bound to render 
 an account thereof. And again, in the event of the Boeotian 
 fleet being broken up and the troops disbanded, the Boeotian 
 admiral was in no danger from the Athenians, nor was any 
 trial hanging over him : but you were in the greatest peril, 
 and in the extremity of your alarm you thought it would be 
 a great help to your defence, if the Boeotian triremes stayed 
 with the fleet until after the trial. Besides From what 
 motive of friendship would my father ever have lent the 
 thousand drachms to the Boeotian admiral, with whom he had 
 no acquaintance ? But he says, my father took some copper 
 in pledge. How much copper ? of what country was it ? and 
 how did the Boeotian admiral get it ? Was it imported in 
 the way of trade or obtained from prisoners ? and who were 
 the persons who brought the copper to my father ? were they 
 ( hired men or slaves 1 and which of our slaves was it who re- 
 ceived the copper ? If slaves brought it, he ought to have 
 delivered them up ; if hired men, he ought to have demanded 
 that slave of ours who received and weighed the copper to 
 be delivered up : for of course neither the party taking the 
 pledge would receive it, nor the party giving deliver it, 
 without weighing ; nor again was my father likely to weigh 
 or carry the copper himself, as he had slaves who used to 
 
126 THE ORATIONS OF DEMOSTHENES. 
 
 receive the articles given in pledge for money lent. I wonder 
 too for what possible reason the Boeotian admiral should have 
 pledged the copper to my father, if he owed a thousand 
 drachms to Philip. Was it that Philip would not gladly 
 have received interest, if his money was lent safely and on 
 security? or was it that Philip had no money? It could 
 hardly be that. Why then should the Boeotian admiral have 
 asked my father to lend him the thousand drachms and pay 
 Philip, rather than give the copper in pledge to Philip ? The 
 truth is, men of the jury neither was the copper pledged, 
 nor did the Boeotian admiral borrow the thousand drachms 
 of my father, but Timotheus the defendant borrowed them, 
 being at the time in great distress j the occasion for which 
 he employed the money I have already told you. Instead of 
 showing gratitude for the confidence reposed in him and the 
 loan advanced by my father, he thinks proper to cheat us, if 
 possible, out of the principal debt. 
 
 With respect to the plates and the mina in silver, which 
 he borrowed of my father when he sent his servant ^Eschrion. 
 to him in the night-time, I asked him before the arbitrator if 
 ^Eschrion was still a slave, and I required that he should be 
 assayed at the rack. Timotheus replied that he was free ; so 
 I gave up the thought of demanding him for torture, but 
 required the defendant to put in a deposition of ^Eschrion, as 
 being a freeman. Timotheus would neither produce a depo- 
 sition, nor deliver up ^Eschrion as a slave and have proof by 
 the torture ; for he was afraid that, if he produced a deposi- 
 tion of ^Eschrion as a freeman, I should proceed against him 
 for false testimony, and after convicting him I should proceed 
 against the defendant for subornation according to law ; if 
 
 r" a he delivered him up to the torture, he was afraid that 
 hrion would give evidence against him. Surely it was a 
 fine opportunity for him, if he had no witnesses to produce 
 concerning the other receipts of money, to prove at least out 
 of the mouth of ^Eschrion, that the plates and the mina in 
 silver were not received, and that ^Eschrion was not sent by 
 him to my father, and to use this as an argument to you that 
 the rest of my claims against him are false, when his slave 
 whom I allege to have received the plates and the mina in 
 silver is proved by the torture not to have received them. 
 If 'this then would have been a strong piece of evidence to 
 
AGAINST TIMOTHEUS. 127 
 
 you in the defendant's favour, that he offered to deliver up 
 ^Eschrion, whom I allege to have been sent by the defendant 
 and to have received the plates from my father and to have 
 borrowed the mina in silver, let it be regarded as a proof in 
 my favour, that, knowing the truth of my claim, he dares not 
 deliver ^Eschrion to be examined. 
 
 He will set up as a defence however, that he was entered 
 in the banking book in the archonship of Alcisthenes as 
 having received the freight of the timber and the price of the 
 plates, which my father paid for him to Timosthenes, and 
 that he was not at that time in the country, but was in the 
 king's service. Upon this point I wish to give you accurate 
 information, that you may perfectly understand how the 
 banking accounts are made out. Timotheus in the month of 
 Thargolion in the archonship of Asteius, when he was about 
 setting sail to join the king, introduced Philondas to my 
 father. In the following year, in the archonship of Alcis- 
 thenes, Philondas arrives with the timber from Macedonia, 
 and he received the freight of the timber from ray father, 
 while Timotheus was abroad in the king's service. Accord- 
 ingly, they entered the defendant in the book as debtor, when 
 they paid the money from the bank, not when he introduced 
 Philondas to my father at Athens. For, when he introduced 
 him, the timber had not yet come, but Philondas had to go 
 on his journey to fetch it; and, when he arrived with the 
 timber, the defendant was abroad, and Philondas received 
 the freight of the timber, according to the defendant's 
 request, and the timber was carried up to the defendant's 
 house in Piraeus. That Timotheus was badly off when he 
 sailed from Athens, is known, without my mentioning it, to 
 some of you, who took mortgages on his estate, and whom he 
 is now trying to cheat out of their money. To prove to you 
 that he contracted debts to some of our people without a 
 pledge, not having any equivalent security to give, read me 
 the deposition. 
 
 [The deposition.] 
 
 With respect to the plates, which ^Eschrion his lackey 
 begged the loan of in the month of Msemacterion in the 
 archonship of Asteius, when Timotheus was at Athens, and 
 when he received Alcetas and Jason as his guests, and Mie 
 
128 THE ORATIONS OF DEMOSTHENES. 
 
 value of which he was debited with in the archonship of 
 Alcisthenes remember that my father for some time sup- 
 posed that he would bring back the plates that he borrowed ; 
 but when Timotheus was gone without having brought back 
 the plates, when the plates of Timosthenes were no longer in 
 the custody of Phormio, and the owner came and demanded 
 their return, then my father paid the price of the plates to 
 Timosthenes, and added this to the rest of the defendant's 
 debt in his book. Should he therefore adopt this line of 
 defence, that he was not in the country at the date of the 
 entry which appears against him for the value of the plates, 
 reply to him thus " You received them at Athens ; but, as 
 you did not bring them back, and as you were abroad, and as 
 the plates which the depositor demanded were not in exis- 
 tence, you were debited with the value of the plates when 
 the value was paid." Oh but, perhaps he will say, my father 
 ought to have asked him to return tho plates. But my father 
 saw that you were in bad circumstances, Timotheus. And 
 he trusted you with respect to the rest of your debt, and 
 thought that, after your return to Athens, you would pay 
 him when your circumstances improved. Was he likely then 
 to distrust you in the affair of the plates ? He promised at 
 your request, when you were on the eve of sailing to join the 
 king, that he would provide the freight of the timber. Was 
 he likely then to distrust you about a pair of plates ? He 
 did not ask you to pay the rest of your debt, seeing that 
 you were in distress. Was he likely to trouble you about 
 the plates ? 
 
 I wish to say a word about the challenge to an oath, which 
 I gave the defendant and he gave me. For, after I had put 
 an oath into the evidence box, he also proposed to take an 
 oath and discharge himself. Really, if I had not known him 
 to have sworn many solemn oaths both to states and to 
 individuals, and to have committed flagrant perjury, I should 
 have allowed him to take the oath: but when I have 
 witnesses to prove that his nominees received the money 
 from the bank, and strong circumstantial evidence besides, I 
 should consider it monstrous to let a man swear in his own 
 discharge, who would not only have no regard to the sanctity 
 of an oath, but who has not spared even the temples when he 
 sought to gratify his avarice. It would be a long business to 
 
AGAINST TIMOTHEUS. 129 
 
 specify the various perjuries which he has committed without 
 the least scruple : I will remind you only of those which are 
 the most flagrant, and which you are acquainted with. You 
 remember, he swore in the assembly that he would indict 
 Iphicrates for usurpation of civic rights, and, if he broke that 
 vow, he imprecated destruction upon his own head, and 
 devoted his property to religious uses. Notwithstanding 
 this solemn promise on oath in the popular assembly, a short 
 time afterwards, for the sake of his own interests, he gave his 
 daughter in marriage to the son of Iphicrates. When he 
 was not ashamed to hreak his promise to you, though there 
 is a law, that, if a man deceives the people by a promise, he 
 shall be liable to imprisonment for it when, after swearing 
 and imprecating destruction upon himself, he did riot fear the 
 Gods, by whom he swore falsely should I be prudent to let 
 him take an oath in his own discharge ? It is not so very 
 long ago either, since he solemnly protested in the assembly 
 that he had not sufficient provision for his old age though 
 lie possesses so large a property such is the insatiable 
 covetousness of his disposition. I should be glad however 
 to ask you this question whether you feel wrath against 
 bankers who have become bankrupt. If you feel a just 
 resentment against them for the injury which they do you, 
 ought you not to support those bankers who do no injury ? 
 It is indeed through men like the defendant that banks are 
 broken; because, when they are in distress, they borrow 
 money and expect to obtain credit on account of their 
 character, but, when they have retrieved their fortunes, 
 instead of paying, they rob their creditors. 
 
 You see, men of the jury; what I was able to call wit- 
 nesses to prove, they have proved for me : and I have shown 
 you besides by circumstantial evidence, that Timotheus owes 
 the money to my father's estate. I pray you therefore to 
 assist me in recovering what my father left me from his 
 debtors. 
 
 VOL. v. 
 
130 THE ORATIONS OF DEMOSTHENES. 
 
 THE ORATION AGAINST POLYCLES. 
 
 THE ARGUMENT. 
 
 APOLLODORDS, the son of Pasion, having been appointed trierarch, 
 entered upon the command of his ship, equipped it handsomely at 
 his own expense, and went out with it on the public service to the 
 Hellespont and various other places. Polycles, who had b^ea ap- 
 pointed to succeed him at the end of his official year, did not join his 
 ship till four months after the time, and, even when he had joined, 
 did not immediately enter upon his duties : Apollodorus therefore 
 was forced to remain in charge of the ship during all that period, 
 and incurred extra expenses, which he was entitled by law to recover 
 from his successor, and which he seeks to recover in the present 
 action. It appears from the plaintiff's statement, that in the fitting 
 out of his ship he had displayed an extraordinary liberality, and had 
 given a higher rate of pay to the seamen than usual, in order to 
 secure a good crew. This was laudable in itself, and very natural in 
 the case of a newly created citizen, who wished to recommend him- 
 self to the favour of the Athenians; but it was made a ground of 
 complaint by the defendant, and served him as a pretext for refusing 
 to take to the ship's furniture, or to reimburse the plaintiff for his 
 outlay. 
 
 The historical events referred to seem to fix the date of the plaintiff's 
 expedition at about the year 362 B.C., and the action was probably 
 brought about two years after. The speech is instructive on the 
 subject of the trierarchy, and Bockh has made good use of it in his 
 chapter thereupon in the fourth book of his Public Economy of 
 Athens, from which the following extract is subjoined : 
 
 " The speech against Polycles, which belongs to Olymp. 104, 4, contains 
 the best information concerning the services which were required by 
 law at that time. There is not the slightest mention of any obliga- 
 tion to supply the vessel, but the trierarchs were only bound to launch 
 it. The crew was appointed out of the township, but since a few 
 only were obtained, and those insufficient, Apollodorus was glad to 
 hire some sailors of his own : he also voluntarily paid them their 
 wages, the generals having only given him provision-money, and two 
 months' pay out of seventeen : he also subjected himself to many 
 other voluntary expenses, such as having fresh seamen in different 
 places : he also equipped the vessel himself; nor was he single in 
 this respect, for others had likewise supplied the ship's furniture, 
 
AGAINST POLYCLES. 131 
 
 and let it to their successors : other trierarchs however at this 
 period received their vessels ready equipped from the State ; and in 
 the oration concerning the crown of the trierarchy, which refers to 
 the same form of this service, it is distinctly stated that the state 
 equipped the ship, which is also evident from the fact that in 
 Olymp. 105, 4, ship's furniture which had not teen formerly paid 
 for was claimed from the trierarchs. Apollodorus, having supplied 
 the furniture of his own ship, might call upon his successor either 
 to bring new with him, or to purchase the old from himself : with 
 regard to the ship, there is nowhere any trace either of selling or 
 letting, but Apollodorus only requires his successor to receive it 
 from him according to law, in order that he might be at length re- 
 lieved from his trierarchy, which he had already performed beyond 
 the legal time. It is therefore hardly worth repeating, that at that 
 time no charge but the repairing and maintenance of the ship and 
 ship's furniture was imposed on the trierarchs by law, all other 
 expenses being merely voluntary ; although these were by no means 
 trifling, as the State frequently furnished damaged ships, and on 
 voyages, and particularly in battles, great losses were experienced. 
 This Apollodorus, the son of Pasion, is a remarkable instance how 
 harshly a man could be treated, if he was rich and ambitious, aud 
 moreover, like him, a new citizen : for his statements bear the stamp 
 of truth in a greater degree than the assertion of Phormio, that 
 Apollodorus in the offices of trierarch and choregus had not even 
 expended as much from his own property as was required of 
 himself with an income of twenty minas. Such extreme contradic- 
 tions are to be found in the same orator, provided that both speeches 
 are of his composition." 
 
 CAUSES like the present, men of the jury, demand the especial 
 attention of those who have to decide them. For this contest 
 does not concern me and Polycles only, but affects the in- 
 terests of the whole commonwealth. In cases where the 
 complaint is of a private nature, but the injury is public, 
 you are imperatively called upon to hear and decide cor- 
 rectly. Had I sued Polycles upon a contract of any other 
 kind, the contest would have been limited to Polycles and 
 myself : but the question now before you concerns the suc- 
 cession to a ship, and extra trierarchal expenses of five months 
 , and six days : it is a question also, whether the laws are to 
 rbe in force or not. It seems then to be necessary, that I 
 should explain the whole case to you from the beginning. 
 And by the gods I entreat you, men of the jury, not to sup- 
 pose me guilty of loquacity, if I go at some length into the 
 particulars of my expenses and proceedings, to show you that 
 the several services which I rendered were seasonable and 
 
 K2 
 
132 THE ORATIONS OF DEMOSTHENES. 
 
 important to the state. If any one can show that I am 
 telling falsehoods, let him get up and confute what he alleges 
 to be a misstatement while my water is running in the glass. 
 But if my statements are true, and if no one but the defendant 
 would think of contradicting them, I make one reasonable 
 request to you all. You that were in the army and in the 
 campaign with me, recall to your remembrance and give an 
 account to those that sit by you of the zeal which I displayed, 
 of the troubles and distresses that fell upon the state on that 
 occasion, that it may appear from this evidence how I behave 
 in the execution of your commands. You that remained at 
 Athens, listen to me in silence, while I explain to you all the 
 circumstances, and confirm every one of my assertions by 
 the production of laws and decrees, those of the Council 
 and those of the people, and the testimony of witnesses. 
 
 On the twenty-fourth day of the month Metageitnion, in 
 the archonship of Molou, an assembly of the people was held ; 
 tidings of a very serious nature were reported to you, and 
 you passed a vote that the trierarchs (of whom I was one) 
 should launch their galleys. It cannot be necessary that I 
 should explain to you the critical position in which our affairs 
 stood at that time ; for you yourselves must remember it. 
 Tenos had been seized by Alexander, and its people reduced 
 to slavery; Miltocythes had revolted from Cotys, and had 
 sent ambassadors to negotiate an alliance, requesting you to 
 send troops to his assistance, and offering to restore the 
 Chersonese : the Proconnesians, your allies, were petitioning 
 you in the assembly for assistance, stating that the Cyzicenes 
 were attacking them by sea and land, and imploring you not 
 to allow them to perish : again, the merchants and the ship- 
 owners were about sailing out of the Euxine, and the 
 Byzantines and Chalcedonians and Cyzicenes were detaining 
 their vessels on account of the scarcity of corn in their own 
 country. When you heard these tidings in the assembly 
 from the ambassadors and their supporters, and when you 
 saw that the price of corn was rising in the Piraeus, and that 
 there was not very much to be bought, you passed a decree 
 that the trierarchs should launch their galleys and bring them 
 up to the pier, and that the councillors and the demarchs 
 should make out lists of the townsmen and returns of the 
 sailors, and that the armament should be shipped off speedily 
 
AGAINST POLYCLES. 133 
 
 and succours sent to the various places. And the decree of 
 Aristophon, which I am about to read, was passed. 
 [The decree.] 
 
 You have heard the decree, men of the jury. When I 
 found that the sailors put on the roll by the townsmen did 
 not make their appearance, except a few, who were incapable, 
 I dismissed them, and, having mortgaged my estate and 
 borrowed money, I was the first to man my ship, hiring 
 sailors of the best possible quality, by giving large bounties 
 and payments in advance to each. I also furnished my ship 
 \vith tackle entirely of my own, without taking any of the 
 public stock ; I fitted it out most handsomely, and made a 
 more splendid show than any of the trierarchs. I hired the 
 best rowers that could be procured. And not only did I de- 
 fray all these heavy trierarchal expenses, men of the jury ; b.ut 
 I also paid in advance a considerable share of the taxes which 
 you ordered to be levied for the expedition. You had resolved 
 that the council, on behalf of the different townships, should 
 return the names of those who were to pay taxes in advance, 
 whether members of the townships or persons possessing 
 property in them ; and my name was returned in three 
 townships, as my property was notorious. I did not seek to 
 excuse myself, either on the ground that I was a trierarch 
 and could not defray two public charges, or that the laws did 
 not permit such a thing, but I was the first to pay my taxes 
 in advance. And I have never recovered the advances, be- 
 cause at the time I was abroad in your service as trierarch, 
 and afterwards, when I returned, I found that the money 
 had already been got in from the solvent parties by others, 
 and the insolvent ones only were left. 
 
 To satisfy you of the truth of these statements, he shall 
 read you the depositions of the persons who then collected 
 the war-supplies, and those of the clearing officers, and the 
 account of the pay which I disbursed every month for the 
 rowers and the marines, receiving only provision-money from 
 the generals, except pay for two months only in the space of 
 a year and five months ; and also of the seamen who were 
 hired, and how much money each of them received. From 
 this you will see how zealous I was in your service and why 
 the defendant was so unwilling to take the ship from me, 
 when the term of my trierarchy had expired. 
 
134 THE ORATIONS OF DEMOSTHENES. 
 
 [Depositions.] 
 
 That the statements which I have made to 7 oa aw not 
 incorrect, you have learned from the reading of the deposi- 
 tions. That what I am about to state is true, you will all 
 agree. It is admitted, that a ship is broken up 1 in two 
 events, first, if no pay is given to the crew, and secondly, if 
 she returns to the Piraeus before her expedition is complete ; 
 for then there is a great deal of desertion, and the seamen 
 that remain with her do not like to embark again, unless 
 more money is given them to pay their household expenses. 
 Both these things happened to me, men of the jury, and 
 caused my trierarchy to be more costly. For, after I had 
 been eight months at sea without receiving any pay from the 
 general, I sailed home with the ambassadors because mine 
 was the best sailing vessel. And again, when I had been 
 ordered by the people to carry Meno the general to the 
 Hellespont, to take the place of Autocles who had been 
 deposed, I set sail in a hurry from Athens, and hired new 
 sailors in lieu of those who had deserted me, offering them 
 large bounties and payments in advance, and I gave to the 
 original sailors who stayed with me something to leave for 
 the maintenance of their household, in addition to what they 
 had before ; for I was aware of the pressing nature of their 
 wants, although my own distress was such as, by Jupiter and 
 Apollo, no one could believe, who had not actually traced the 
 history of my affairs. I mortgaged my farm to Thrasylochus 
 and Archenaus, and having borrowed thirty minas from them 
 and distributed the money among the crew, I set sail, that 
 no part of the people's orders might remain unexecuted, as 
 far as it depended on me. And the people, when they heard 
 what I had done, passed a vote of thanks, and invited me to 
 dinner in the Prytaneum. To prove the truth of these 
 statements, he shall read you the deposition which I have 
 put in evidence, and the decree of the people. 
 
 [The deposition. The decree.'] 
 
 After we had reached the Hellespont, and after the term 
 of my trierarchy had expired, as no pay was given to the 
 troops except for two months, and another general, Timo- 
 
 1 Pabst " unbrauchbar gemacht wird." 
 
AGAINST POLYCLES. 135 
 
 machus, had arrived, but without bringing any new naval 
 commanders, many of my crew became disheartened and 
 deserted the ship ; some of them went off to the continent to 
 take military service, some to the fleet of the Thasians and 
 Maronites, allured by the offers of high pay and large bounties, 
 and seeing that my means were exhausted, and that the state 
 supplied scarcely anything, and our allies were needy, and 
 our generals not to be relied upon ; and many persons had 
 deceived them by misrepresentations, and they knew also 
 that the term of my trierarchy had expired, and that no 
 preparations were made for returning home, and no successor 
 in command had arrived, from whose liberality anything was 
 to be expected. For, the more zealous I had been in man- 
 ning my ship with good rowers, the greater was the desertion 
 from me, and more than from the other captains. The 
 others, if they could keep nothing else, kept the seamen who 
 had been drawn from the civic roll, who stayed with them in 
 expectation of returning home when the general discharged 
 them : but my crew, relying upon their skill as able rowers, 
 went off wherever they were likely to be re-engaged and get 
 the highest pay, caring more for immediate gain than for the 
 danger of their being captured by me at some future time. 
 Under these circumstances, and as the general Timomachus 
 also commanded me to sail to Hierum and convoy the corn, 
 but yet supplied me with no pay for my ship, and intelligence 
 was brought that the Byzantines and Chalcedonians were 
 again laying an embargo on vessels and forcing them to 
 unlade their corn, I borrowed fifteen minas at interest from 
 Cheeredemus of Anaphlystus, and eight hundred drachms 
 from Nicippus the shipowner, who happened to be in Sestus, 
 at maritime interest, twelve and a half per cent., on condition 
 that I should pay him principal and interest if the vessel got 
 safe to Athens: 1 I sent Euctemon, who commanded a fifty- 
 oared vessel, to Lampsacus, giving him money and letters to 
 friends of my father, and desired him to engage for me the 
 best sailors that he possibly could : I stayed myself in Sestus, 
 and gave the old sailors who stayed with me all the money 
 
 1 I have followed Bekker's text in the translation of this negligently 
 written, perhaps corrupt, passage. Bockh, in a note to the Public 
 Economy of Athens, translation, vol. i. p. 180, has tried his hand at 
 amendment. 
 
136 THE ORATIONS OP DEMOSTHENES. 
 
 that I had, since the term of my trierarchy had expired, and I 
 got some other seamen at full pay, while the general was 
 preparing for his expedition to Hierum. When Euctemon 
 however had arrived from Lampsacus with the seamen whom 
 he had engaged, and the general had given his order to set 
 sail, it so happened that Euctemon was taken suddenly ill, 
 and he was in a very precarious state : I therefore gave him 
 his pay, with money for the voyage, and sent him home ; 
 then got another pentecontarch and went out myself to con- 
 voy the corn ; and I remained there five and forty days, 
 until the departure of the vessels from Pontus, after the 
 setting of Arcturus. When I arrived at Sestus, I expected 
 to return home, as the term of my trierarchy had expired, 
 and I had served two months over the time, and no successor 
 had come to take the command. But the general Timo- 
 machus, having received an embassy of Maronites, who 
 requested him to convoy their corn-ships, ordered us trier- 
 archs to take the ships in tow to Maronea, which was a long 
 passage on the open sea. I have narrated all these events to 
 you from the beginning, that you may see how much I have 
 expended on my own account and how burdensome an office 
 I have served, as well as the extra trierarchal expenses which 
 I subsequently incurred on the defendant's behalf, as he had 
 not joined his ship, and also all the dangers to which I was 
 exposed from tempests and from the enemy. For, after 
 the convoying of the vessels to Maronea and our arrival at 
 Thasos, Tirnomachus came and undertook again, in conjunc- 
 tion with the Thasians, to convoy corn and a body of peltasts 
 to Stryme, with the intention of taking possession of the 
 place. The Maronites however drew up their ships in 
 defence of the place, and offered battle ; our troops were 
 fatigued after their long voyage and towing of the vessels 
 from Thasos to Stryme ; it was stormy too and there was no 
 haven, and no possibility of disembarking or getting our 
 meal, as the land was our enemy's, and the wall was sur- 
 rounded on all sides by bands of mercenaries and barbarians 
 from the adjacent country; we were obliged therefore to cast 
 anchor and remain out at sea and keep watch the whole 
 night, without food or rest, for fear the fleet of the Maronites 
 should make a night attack upon us. And besides, there 
 were showers of rain and thunder and a violent hurricane, 
 
AGAINST POLYCLES. 137 
 
 as is common at that season of the year, (for it was just at 
 the setting of the Pleiads j) therefore you may imagine, men 
 of the jury, what despondency fell upon the troops, and what 
 desertion there was again from me after this, when the old 
 sailors were so distressed, and when they got so little, only 
 what I could let them have out of the money that I bor- 
 rowed, in addition to what they had had from me before ; 
 for the general did not allow them enough even for their 
 daily subsistence. And now I had served three months over 
 my time, and no one had come to take command of the ship, 
 but I was engaging fresh seamen in lieu of those who had 
 deserted, and borrowing money for that purpose. 
 
 My successor has less excuse than any other for not having 
 joined his ship long before. For Euctemon the pentecon- 
 tarcb, after he had been sent home on account of illness from 
 the Hellespont, on his arriving at Athens and being informed 
 that Polycles had been appointed to succeed me, knowing 
 that the period of my trierarchy had expired and that I was 
 serving beyond the time, took with him my father-in-law 
 Dinias and accosted Polycles on the exchange, and requested 
 him to set sail and join his ship as soon as possible, as the 
 expenses that were incurred day by day, in addition to the 
 provision-money allowed for the ship by the general, were 
 very heavy. And he told him all the particulars of the 
 monthly pay which was given to the rowers and marines, 
 as well to the seamen whom he had himself engaged at 
 Lampsacus, as to those who subsequently came on board in 
 place of the deserters, and also of the money which I had 
 given to each of the old sailors at their request after the 
 term of my trierarchy had expired, and all the daily expen- 
 diture upon the ship ; with which he was well acquainted, for 
 it was through him, as commander of the fifty-oar, that all 
 the purchases and payments were made. And he told him 
 about the ship's furniture, that it was my own, and that I 
 had none of the public stock. "Therefore" be said 
 "either resolve to make terms with him, or take out your 
 own furniture with you. I think however" added he 
 "that you won't disagree; for he owes money out there, 
 which he'll be glad to pay out of the price of the furniture." 
 Polycles, when he heard this from Euctemon and my father- 
 in-law Dinias, made no answer to their proposal, but laughed 
 
138 THE ORATIONS OF DEMOSTHENES. 
 
 (they told me) and said l< The mouse is beginning to taste 
 pitch : he wished to be an Athenian." However, as he paid 
 no attention to what Euctenion and Dinias had said to him, 
 Pythodorus of Acharnee and Apollodorus of Leuconoe, friends 
 and connexions of mine, went to him afterwards, and re- 
 quested him to go off and join his ship as successor in the 
 command ; and they spoke to him about the ship's furniture, 
 and stated that all I had was my own, and none of it was 
 public property : " therefore " they said " if you are willing 
 to take what he has, leave money here, and don't run the 
 risk of carrying it abroad " for they wished to redeem the 
 farm, and pay Archenaus and Thrasylochus their thirty 
 minas. With respect to the wear and tear of the furniture, 
 they offered to draw up an agreement with him, and to 
 become sureties for me, and guarantee him the usual terms 
 between trierarchs and their successors. 
 
 To prove the truth of all these statements, he shall read 
 you the evidence in the depositions. 
 
 [Depositions.'] 
 
 I think then I shall be able to show you by many proofs, 
 that Polycles neither originally 1 intended to receive the ship 
 from me, nor, after he was compelled by you and your decree 
 to go and join his ship, was he willing to take it as my suc- 
 cessor. For, upon his arrival at Thasos, when I was holding 
 the command in the fourth month after its expiration, I took 
 witnesses with me, as many citizens as I could find, and also 
 the marines and rowers, and in their presence I went up 
 to him in the market-place in Thasos, and required him to 
 receive the ship from me as successor in command, and to 
 pay me what I had disbursed after the expiration of my term. 
 I offered to cast it up item by item, while I had the witnesses 
 to the expenditure by me, the sailors and rowers and marines, 
 so that, if he disputed anything, I might prove it at once. 
 For the account had been made out so accurately, that I had 
 not only put down the disbursements themselves, but also 
 the objects of them, and the nature of the services performed. 
 and what the prices were, and of what country the coin was, 
 and what the agio came to ; so that I might be able to satisfy 
 my successor, in case he thought that I was making any false 
 Pabst " damals." 
 
AGAINST POLYCLES. 139 
 
 charge. And besides that, I was willing to confirm the truth 
 of my account by an oath. Upon my giving him this chal- 
 lenge, he replied, that he paid no attention to what I was 
 saying. While this was going on, there came a servant from 
 the general, and ordered me to set sail ; the order was given 
 to me, and not the defendant, my successor, to whom the 
 duty was then transferred ; the reason I will explain to you 
 in the course of my address. I thought proper at that time 
 to get under weigh and sail where he ordered me. But 
 when I had returned to Thasos, after towing the vessels to 
 Stryme as the general commanded, I desired the sailors and 
 rowers and marines to stay on board, I myself landed, and 
 went to the house where the general Timomachus had put 
 up, wishing in his presence again to deliver up my ship with 
 her full crew to the defendant Polycles. I found the defen- 
 dant there with Timomachus, and the trierarchs and theii 
 successors and some other of our countrymen ; I went in, 
 and at once in the presence of the general addressed Polycles, 
 and called upcn him to take the ship from me, and to re- 
 imburse me for the expenses of my overtime ; and I asked 
 him about the ship's furniture, whether he would take to it, 
 or whether he had come with furniture of his own. Upon 
 my challenging him in this way, he asked me why I was the 
 only captain who had ship's furniture of my own, and 
 whether the state was not aware that there were some per- 
 sons able to provide furniture for their ships so as to dispense 
 with aid from the public. lt Or have you " said he " so 
 far outstripped everybody in wealth, that you are the only 
 captain who has furniture of his own and gilded ornaments ? 
 Who" (said he) "can endure your madness and extrava- 
 gance, a crew corrupted and accustomed to receive large 
 sums of money in advance, and to enjoy an exemption from 
 the regular services of a ship and to take the pleasure of a 
 bath, and rowers and marines rendered luxurious by getting 
 full and first-rate wages ? You " he went on " have been 
 the teacher of bad practices in the army ; it is partly owing 
 to you, that the troops of the other captains become vicious, 
 when they seek to have the same allowances as yours : you 
 ought to have done the same as the other captains." Upon 
 his saying this, I replied that I had forborne to take ship's 
 furniture from the docks, because (said 1) " you have made 
 
140 THE ORATIONS OF DEMOSTHENES. 
 
 it disreputable. 1 However, if you like, take this of mine ; 
 if you don't like it, provide furniture for yourself. With 
 respect to the sailors and the rowers and marines, if you say 
 they have been corrupted by me, take the galley from me, 
 and get sailors and rowers and marines of your own, who will 
 sail with you without receiving any pay. At all events, take 
 the ship ; for I am not bound to command it any longer ; 
 the term of my trierarchy is expired, and I have held it four 
 months over the time." To these words of mine he replied, 
 that his colleague in command had not joined the ship; 
 "therefore" said he "I will not take the ship alone." 
 
 To prove the truth of these statements that in the market- 
 place he made the answer which I before mentioned, that he 
 paid no attention to what I said and that in the house 
 where Timomachus lodged he said that he would not take 
 the ship alone he shall read you the evidence in the de- 
 positions. 
 
 [Depositions.] 
 
 After this, men of the jury, as the defendant neither chose 
 to receive the ship from me, nor offered to pay the expenses 
 of my overtime, and as the general ordered me to set sail, I 
 went up to him in the harbour in Thasos in the presence of 
 the general, when the galley was fully manned, and made a 
 proposal not in accordance with my strict rights, but which 
 was wrung from me by his injustice and was necessary under 
 the circumstances " As you say, Polycles, that your col- 
 league in command has not arrived, I will get from him, if I 
 am able, the expenses of my extra time of service, the four 
 months ; you take the ship from me, and first serve the 
 trierarchy for your own term, six months ; after that, if your 
 colleague has arrived in the interval, you will deliver up the 
 command to him, having discharged your own duties ; if he 
 has not arrived, you will suffer no hardship by serving the 
 trierarchy two months over your time. It would indeed be 
 strange when I, after serving my own time and that of my 
 colleague, have performed extra trierarchal duties for you and 
 
 1 Auger : " vous lea avez mis en mauvais e'tat." 
 
 Pabst : " du sie unbrauchbar gemacht hast." In a note he says, it 
 might be translated " in schlimmen Ruf gebracht hast : entweder 
 durch voreiligen Tadel, oder weil Du es, vielleicht bei Verwaltung eines 
 friiheren Amtes im Seearsenale vernachlassigt hast." 
 
AGAINST POLYCLES. 141 
 
 your colleague that you, who have defrayed no charge, 
 should refuse to take your ship and serve your own time, or 
 to reimburse me my expenses !" To this he replied, that 
 what I said was all a fable : and the general desired me to go 
 on board my ship and put to sea with him. To prove that he 
 made this reply, read me the deposition. 
 
 [The deposition.] 
 
 I wish now to mention a circumstance, to prove to you 
 how flagrant is the injustice which has been done me. 
 Mnesilochus of Perithoidse and Phrasierides of Anaphlystus 
 were about the same time appointed the successors to Hag- 
 nias and Praxicles. Phrasierides not having joined his ship, 
 Mnesilochus went to Thasos and received the galley from 
 Hagnias, and paid to Hagnias, under an arrangement, the 
 trierarchal expenses which he had incurred on their behalf 
 after his time, and hired the ship's furniture from Hagnias, 
 and took the command in his own person. Afterwards there 
 came people from Phrasierides, who paid his share of the 
 expenses to Mnesilochus, and for the remainder of the time 
 contributed whatever he required for the charges of the ship. 
 Please to read the deposition which proves these facts. 
 [The deposition.'] 
 
 Perhaps, men of the jury, you are curious to hear what 
 the general could mean by not compelling Polycles to take 
 the ship from me, when he had joined it as my successor, the 
 laws being so imperative on the subject. The cause of this 
 you shall be fully informed of. Timomachus, men of the 
 jury, in the first place, desired to have the galley in proper 
 trim for everything. He knew however, that the defendant, 
 if he took the command, would manage it badly ; he would 
 neither defray the necessary charges, 1 nor make use of the 
 rowers and marines, for none of them would stay with him. 
 He knew again, if he ordered him to sail without giving him 
 money, instead of obeying him and putting to sea as I should 
 do, he would only give him annoyance. And besides this, he 
 borrows from him thirty minas, upon the understanding that 
 he should not compel him to take the ship. 
 
 But what most irritated Timomachus against me, what 
 caused him to ill-treat me and refuse on every occasion to 
 1 Pabst : " den aufwand fur das Schiff machen." 
 
142 THE ORATIONS OF DEMOSTHENES. 
 
 hear a word that I had to say, I will fully explain to you, to 
 convince you that I paid less regard at that time to my own 
 comfort and the general's power than to the people of Athens 
 and the laws, and that I submitted to injury and insult, 
 which was far more grievous to me than pecuniary loss. 
 While the fleet was lying idle at Thasos, there came an 
 express-boat from Methone in Macedonia to Thasos, bringing 
 a man with letters from Callistratus to Timomachus, which, 
 as I was afterwards informed, contained a request to send off 
 the swiftest galley that he had to bring him to the general. 
 Accordingly the very next day, early in the morning, an 
 officer oame and ordered me to summon my crew to the ship. 
 As soon as it was manned, Callippus, the son of Philo of 
 Aixone, comes on board, and directs the pilot to steer for 
 Macedonia. After we had reached a certain place on the 
 opposite coast, an emporium of the Thasians, we landed and 
 were taking our dinner, when one of the sailors, Callicles, 
 the son of Epitrephes of Thria, came up to me and said, 
 that he wanted to speak to me about something which con- 
 cerned myself. I requested him to proceed. He said that he 
 wished to show his gratitude to me in any way that he could, 
 for what I had given him in his distress ; and " do you 
 know," he added, " for what purpose you are making this 
 voyage, and where you are going 1 " I replied that I did not 
 know. " Then " said he " I will tell you ; for you ought to 
 be informed, that you may know how to act. You are going " 
 said he " to bring an exile, whom the Athenians have twice 
 sentenced to death, I mean Callistratus, from Methone to 
 Thasos, to his son-in-law Timomachus. I have learned this," 
 said he, " from the servants of Callippus. Now, if you are 
 wise, you will not permit any exile to come on board your 
 ship ; for it is prohibited by the laws." After hearing this 
 from Callicles, I went to Callippus and asked him for what 
 place he was steering, and whom he was going after. He 
 laughed me to scorn, and threatened me in a manner which 
 you will understand, (for you have some experience of the 
 temper of Callippus :) I addressed him thus " I am told 
 that you are making a voyage to fetch Callistratus. Now 
 I will bring no exile, nor will I go to fetch him ; for the laws 
 forbid to harbour any exile, and make the person who does 
 harbour exiles amenable to the like punishment. I shall 
 
AGAINST POLYCLES. 143 
 
 therefore return immediately to the general in Thasos." And 
 when the sailors went on board, I told the pilot to steer back 
 for Thasos. Callippus opposed me, and desired him to steer 
 for Macedonia, as the general had commanded ; but Posidip- 
 pus the pilot replied, that I was captain of the ship and the 
 responsible party, and he received his pay from me, so he 
 should sail where I desired him, to Thasos and the general. 
 Upon our reaching Thasos the following day, Timomachus 
 sends for me to his lodging outside the city wall. T, fearing 
 that I should be put under arrest upon the complaint of 
 Callippus, did not wait upon him in person, but told the 
 officer that, if he wanted to speak with me, I should be in 
 the market-place ; and I sent my servant with him, that, in 
 case the general had any orders to give me, he might hear 
 and report them to me. It was for these reasons which I 
 have stated to you, men of the jury, that Timomachus did 
 not compel the defendant to take the ship ; and also, because 
 he wished to have the ship for his own use in the best sailing 
 condition. He persuaded Thrasylochus of Anagyrus, whose 
 galley he was aboard of, to let his trierarchy to Callippus, in 
 order that Callippus, having absolute control of the ship, 
 might carry Callistratus round the coast ; he himself came 
 on board of my ship, and sailed round from place to place, 
 until he arrived in the Hellespont. 
 
 When he had no longer any use for ships of war, he put 
 Lycinus of Pallene as admiral on board my ship, and having 
 ordered him to give money to the seamen every day, desired 
 me to sail straight home. On our voyage home we stopped 
 at Tenedos : Lycinus, notwithstanding his commission from 
 Timomachus, was giving no provision-money to the sailors ; 
 he said he had none to give, but should get some from Myti- 
 lene ; and the troops had no means to purchase provisions, 
 and without food would not have been able to row : so I, again 
 taking some of our countrymen with me as witnesses, went to 
 Polycles the defendant in Tenedos, and requested him to take 
 the ship as my successor in command, and to reimburse me 
 what I had expended on his behalf while remaining in com- 
 mand after my time. My object was to deprive him of the 
 pretext which he might set up in his defence before you, 
 namely, that I refused to deliver up the ship to him from an 
 ambitious motive, wishing to return home in a fast-sailing 
 
144 THE ORATIONS OF DEMOSTHENES. 
 
 ship and to show off to you my costly outlay. As he de- 
 clined to take the ship, and the seamen were asking for money 
 to purchase what they required, I again went to him with 
 witnesses, and asked him if he had come out with money 
 and was prepared to receive the ship from me or not. He 
 replied that he had come with money ; I then requested him 
 to lend me some upon a mortgage of the ship's furniture, 
 that I might distribute it among the seamen and bring the 
 ship home, as he did not choose to take it as successor in. 
 command. To this request he replied, that he would not lend 
 me a farthing. Accordingly, I obtained a loan from Cleanax 
 and Eperatus, two friends of my father in Tenedos, and gave 
 the sailors their provision-money ; for, through my being 
 Pasion's sou, and his being on terms of friendship with many 
 foreigners and having great credit in Greece, I had no diffi- 
 culty in borrowing money where I wanted it. 
 
 To prove the truth of these statements, I will produce the 
 depositions before you. 
 
 [Depositions.] 
 
 He has read you the depositions of all persons that I was 
 able to find, who were actually present, and who testify that 
 I frequently offered to deliver up the ship to Polycles, and 
 that he did not choose to receive it from me. I have further 
 shown you by good circumstantial evidence, why he did 
 not choose to take the ship. I desire now that the law 
 concerning successors elect should be read to you, that you 
 may see how heavy the penalties are, when a man has not 
 taken a ship from his predecessor at the stated time, and 
 how Polycles, notwithstanding these penalties, has treated 
 not me only, but you and the laws, with contempt. As far as 
 it depended on Polycles, all the measures of the state and her 
 allies have failed ; for he neither joined his ship according to 
 law, nor, when he had joined, did he choose to take the com- 
 mand from his predecessor ; whereas I did my duty during my 
 colleague's time as well as my own, and, after the term of my 
 trierarchy had expired, upon the general's ordering me to sail 
 to Hierum, I convoyed the corn for the people of Athens, 
 that you might have an abundant market, and that nothing 
 might be lost by any neglect of mine : I rendered to the 
 general every service which he required either of me or of 
 
AGAINST POLYCLE8. 145 
 
 my trireme, not only spending my property, but risking my 
 life also, and always going on board myself, although my 
 domestic troubles at that crisis were of such a nature, that 
 you would pity me if you heard them. My mother lay ill 
 and on the point of death during my absence, so that she 
 could no longer help but very slightly to retrieve my affairs. 
 I had returned six days, and after she had seen and spoken 
 to me she breathed her last, when she was no longer mistress 
 of her property so as to give me what she wished. Fre- 
 quently before had she sent for me, begging me to come 
 without my ship, if I was unable to come with it. My wife, 
 for whom I have the greatest affection, was very poorly for a 
 long time during my absence ; my children were small, and 
 my property mortgaged : not only did my land yield no pro- 
 duce, but even the water in that year, as you all know, was 
 dried up in the wells, so that not a vegetable grew in the 
 garden: my creditors, at the expiration of the year, de- 
 manded interest, unless they were paid the principal accord- 
 ing to contract. When I learned these tidings, partly by 
 word of mouth from travellers, partly by letters from my 
 friends, imagine what I must have felt, and how many tears 
 I must have shed, while I was casting up my present dis- 
 tresses, or again while I was longing to see my children 
 and my wife and mother, whom I had very little hope of 
 finding alive. For what is sweeter to a man than these ob- 
 jects of his love 1 and why should one wish for life deprived 
 of them ? 
 
 Though such troubles had fallen upon me, I postponed all 
 consideration of my own private interests to that of yours. My 
 money was being wasted, my household affairs were neglected, 
 my wife and my mother were ill. I resolved to rise superior 
 to all these misfortunes, so that no one should accuse me 
 either of deserting my post or letting my galley be unservice- 
 able to the state. In return for all which I now implore 
 you, that, as I behaved myself dutifully and did good service 
 to you, so will you take thought for my interests now, and, 
 remembering all that I have told you, the depositions which 
 I have produced and the decrees, you will redress my wrongs, 
 avenge your own, and enable me to recover the money which 
 I have expended for this man's use. Or who will wish to 
 show zeal for your service, when it is seen that you neither 
 
 VOL. v. L 
 
146 THE ORATIONS OF DEMOSTHENES. 
 
 recompense those who are honest and dutiful, nor punish 
 those who are dishonest and disobedient ? He shall read you 
 the law, and an exact account of my expenses for the time 
 that I served on this man's behalf, and of the money which 
 each of the deserters from the ship ran away with, and where 
 they severally betook themselves ; to convince you that 
 neither now nor at any time before have I told you an un- 
 truth. I consider that, as I am bound to serve the state 
 irreproachably during the period prescribed by law, so ought 
 I to bring to conviction and punishment those who disobey 
 the laws and treat the laws and you with contempt. Be 
 assured, you will punish the defendant less for my private 
 good than for that of the public : your decision will not 
 merely have reference to the case of former trierarchs, but 
 will be a rule for the future, so that those who perform their 
 duties shall not be discouraged, and the successors elect shall 
 not defy the laws, but go and join their ships when they are 
 appointed. These are the points you have to consider, and 
 then proceed to a fair and righteous judgment upon the 
 whole case. 
 
 I should be glad to ask you, men of the jury, what opinion 
 you would have had of me, if, upon the expiration of my 
 term, and the defendant's not having joined his ship, I had 
 sailed away, and refused to serve beyond the legal period as 
 the general directed. Would you not have been indignant, 
 and thought that I had committed an offence 1 ? If then you 
 would have been indignant in that event, at my refusal to 
 serve beyond the legal period, surely you ought now to give 
 me judgment against the defendant, who neglected to take 
 the ship from me, for the expenses which I defrayed on his 
 behalf. 
 
 Nor is it in my case only that he has failed to receive his 
 ship as successor for on a former occasion, when he was the 
 colleague of Euripides, and there was an agreement between 
 them that each should sail for six months, Euripides had 
 gone out and his time had expired, but Polycles did not 
 come to take his place. To prove this, I will read you 
 a deposition. 
 
 [The deposition.] 
 
FOE THE NAVAL CROWN. 147 
 
 THE ORATION FOR THE NAVAL CROWN. 
 
 THE ARGUMENT. 
 
 THE Athenians, having to send off a fleet without delay, passed a 
 decree, that the trierarch who first got his ship ready for sea should 
 be rewarded with a crown, and that those who did not bring their 
 ships up to the pier before the last day of the month should be 
 thrown into prison. Apollodorua was the first to bring his ship up 
 to the pier, and received a crown for it. He claimed also the crown 
 promised on the other account, but was opposed by other candidates, 
 the syntrierarchs apparently of another ship, and the decision upon 
 their rival claims was referred to the Council of Five-hundred. In 
 the speech before us, the only one of Demosthenes addressed to the 
 Council, Apollodorus maintains his title to the reward on the ground 
 that he had performed the condition ; urging also his superior merits 
 in other respects, for having fitted out his ship handsomely, and 
 hired good seamen at his own cost; whereas his opponents (he 
 contends) had no hope of success except through undue influence 
 and the assistance of the orators who pleaded their cause ; in fact, 
 they deserved punishment rather than reward, for not having brought 
 their vessel to the pier in time, and for employing a deputy trierarch, 
 which was a practice detrimental to the public service. 
 
 If the speech is genuine, it refers, one would think, to the occasion 
 mentioned in the oration against Polycles, p. 1208. The genuineness 
 of it is doubted by A. G. Becker, who, judging from intrinsic evidence, 
 and chiefly from the omission of names and circumstances, thinks it 
 more rese*mbles a sophistical exercise than a real address to an Attic 
 tribunal. 
 
 IF the decree, men of the council, had ordered you to give 
 the crown to that person who had the greatest number of 
 advocates, I should have been perfectly mad to claim it, as 
 Cephisodotus alone has pleaded my cause, and a multitude of 
 speakers have appeared for my opponents. The people, how- 
 ever, ordered that the treasurer should give it to that person 
 who first got his ship ready for sea ; and I have done this ; 
 therefore I say I am entitled to be crowned. What surprises 
 me in these men is, that they neglected their ship, but got 
 their orators ready ; and it seems to me that they have mis- 
 taken the whole thing, and imagine that you are grateful not 
 to those who do their duty, but to those who say they do it, 
 
 L2 
 
148 THE ORATIONS OF DEMOSTHENES. 
 
 in which their judgment of you is different from mine. And 
 for this very reason you ought to regard me with more favour; 
 for it appears that I have a better opinion of you than they 
 have. The right and proper course, men of Athens, was, 
 that persons who claim to receive a crown from you should 
 show themselves worthy of it, not heap abuse upon me. 
 However, as they omit the former, and do the latter, I will 
 prove them to be false in both points, both in their commen- 
 dation of themselves and in their slander of me ; and this I 
 will prove from our respective acts. 
 
 You passed a decree, that, whoever did not bring his ship 
 round to the pier before the last day of the mouth, should be 
 put under arrest and delivered to the court of justice. This 
 decree being confirmed, 1 I brought my ship up to the pier, 
 and received a crown from you for it, while my adversaries did 
 not even launch their galley, so that they have become liable 
 to imprisonment. Would it not be the strangest conduct on 
 your part, were you to crown persons who have rendered 
 themselves amenable to such a penalty ? The ship's furni- 
 ture also, which the state is bound to supply the trierarchs 
 with, I provided at my own expense, and took none from the 
 public stock, whereas these men have used your furniture, 
 and given nothing of their own towards the equipment. They 
 can't say either, that they tried their ship sooner than I did : 
 for, before they had even touched their galley, mine had been 
 manned, and you all saw her practising. Again, I got the 
 most able rowers, by giving far the largest pay. If these men 
 had merely had inferior rowers, there would have been 
 nothing so very shameful in it ; but they have hired none 
 whatever, through their disputing about the terms. How 
 can it be just, when they manned their ship later than I did, 
 that they should have the crown for first getting it ready ? 
 I think therefore that, even if I held my tongue, you must 
 see that I am fully entitled to .the crown ; but I will show 
 you that, of all people in the world, these men have the least 
 pretence for claiming it. How will this be most clearly 
 proved? From what they have done themselves. They 
 looked out for a person to take their trierarchy on the lowest 
 terms, and they have let the appointment. Is it not mani- 
 
 1 Perhaps by the popular assembly. But Auger and Pabst take it 
 differently. 
 
FOR THE NAVAL CROWN. 149 
 
 festly unjust, to shirk the charge, and yet demand a share in 
 the honours which it confers ; and, while they accuse the 
 deputy of not having brought their ship up to the pier, to 
 ask you to reward them now for good service ? You ought 
 not indeed, men of Athens, to decide solely upon the grounds 
 already mentioned ; you should have regard to the precedents 
 established by yourselves, when other men acted as these 
 have done. For, when you were vanquished in the sea-fight 
 by Alexander, you thought that the trierarchs who had ap- 
 pointed deputies were the principal authors of the disaster, 
 and you sent them for trial, pronouncing them to have be- 
 trayed their ships and deserted their post. Aristophon was 
 their accuser, and you were their judges ; and, had your re- 
 sentment been equal to their crime, there was nothing to 
 prevent sentence of death being passed upon them. My 
 opponents know that they have committed the same offence, 
 and yet, instead of shuddering before you at the prospect of 
 what they ought to suffer, they attack others in their speeches 
 and demand crowns to be given to themselves. Only con- 
 sider, what would be thought of your measures, if it appeared 
 that for the same cause you condemned some persons to death, 
 and rewarded others with a crown. And you would not be 
 blamed for doing this only, but also for not punishing such 
 offenders when you have caught them. The time to be in- 
 dignant is, not when you have suffered some of your posses- 
 sions to be lost, but while your possessions are safe, and you 
 see those placed in trust, under the temptation of cupidity, 
 neglecting to make due provision for their safety. 
 
 Don't let my speech be condemned for its bitterness ; con- 
 demn those rather who have committed the fault : for it is 
 through them that my speech is bitter. I wonder indeed 
 how it is, that these men should imprison and punish the 
 sailors who desert their ship, who get only thirty drachms 
 each, while you do not treat in the same manner the trier- 
 archs who stay at home, who have received thirty minas each 
 for accompanying their ship : and, if a poor man commits an 
 error under the pressure of necessity, he will be subjected to 
 the severest penalties, but, if a rich man does the same thing 
 out of base covetousness, he will meet with pardon. And 
 what becomes of universal equality and popular government, 
 if you decide things in this manner ? Again, it appears to 
 
150 THE ORATIONS OF DEMOSTHENES. 
 
 me to be an absurdity, that a man who speaks anything con- 
 trary to law, if he is found guilty, should be mulcted in a 
 third part of his personal rights, 1 while one who violates the 
 law not by word, but by deed, suffers no punishment at all. 
 Yet you will all agree, men of Athens, that to be lenient to 
 such offences is to train up others to commit them. 
 
 I wish, as I have entered upon the subject, to explain to 
 you the consequences of such conduct. When a deputy tri- 
 erarch goes out on an expedition, he robs and plunders every- 
 body ; he reaps all the profit himself, and the first Athenian 
 that drops in for it pays the penalty ; and you are the only 
 people who are unable to travel anywhere without a herald's 
 staff, on account of the privateering and reprisals which are 
 caused by these men ; so that it will be found on inquiry, that 
 galleys so commanded go out not for you but against you. For 
 one that commands for the state should not enrich himself 
 at the public expense, but repair the losses of the state at his 
 own expense, if you are to get anything done that is proper. 
 Unfortunately, every one goes to sea resolved to pursue a 
 different course : the errors occasioned by their own vices are 
 repaired by the damage that falls upon you. And this is 
 just what might be expected. For you have allowed dis- 
 honest men, if they escape discovery, to keep their plunder, 
 if they are found out, to obtain pardon : those therefore who 
 are regardless of character have a license to do what they 
 please. Private individuals, who only learn by suffering, we 
 call improvident : you, who even after repeated suffering take 
 no precaution by what name should you be called ? 
 
 It is right that I should say something about the advo- 
 cates who have pleaded for them. Certain persons imagine 
 they have such a privilege both of doing and of saying what 
 they please with you, that some of those who formerly ap- 
 peared as accusers with Aristophon, and were most bitter 
 against the men who had let their trierarchies, now request 
 you to confer a crown upon my opponents, and prove one of 
 two things against themselves, either that they attacked the 
 former parties unjustly, or that they are now advocating the 
 cause of these men for a bribe. And they ask you to oblige 
 them, as if it were a question about a gift instead of a prize, 
 
 1 "Tertia pars corporis infamia notabatur turn, cum lingua, i.e. 
 facultas in foro et in concione dicendi, interdicebatur." Reiske. 
 
FOB THE NAVAL CROWN, 151 
 
 or as if, supposing you were doing a favour, 1 it were right to 
 confer it at the instance of such men as these on persons who 
 neglect your affairs, instead of conferring it at the instance of 
 better men on persons who do their duty. And again, they 
 are so indifferent to good character, regarding everything as 
 secondary in comparison with lucre, that, not content with 
 contradicting in their public speeches what they have said on 
 former occasions, they even now talk inconsistently with 
 themselves; for, while they maintain that the crew should 
 belong to the trireme which is to get the crown, they bid you 
 crown the trierarchs who have estranged themselves from the 
 service. And they say that no one got his ship ready for sea 
 before my opponents, yet they call upon you to crown us 
 jointly, which is contrary to the decree. I am as far from 
 conceding this as I am from having let my trierarchy : I 
 would neither submit to the one, nor have I done the other. 
 They pretend to be pleading only for the sake of justice, but 
 they show more zeal than any of you would who was acting 
 gratuitously, as if they were bound to earn their reward, and 
 not to deliver their opinion. Again, as though they were 
 not members of a free commonwealth, and every one there- 
 fore had liberty of speech, but as though it were a sort of 
 exclusive priesthood of their own, if any man stands up 
 before you in defence of the right, they make a grievance of 
 it, and say he is an audacious fellow ; and such is the extent 
 of their stupidity, they think that, if they call a man who 
 has once spoken impudent, they shall themselves be thought 
 good men and true all their lives. Yet it is through the 
 harangues of these men our affairs get in a worse position, 
 while it is owing to those who oppose them on honest grounds 
 that anything is saved. With such advocates engaged to sup- 
 port them, and with the knowledge that their own character is 
 so assailable, if people choose to use hard words, they have 
 nevertheless thought proper to contest this matter, and dared 
 to speak disparagingly of another, they who should have been 
 only too happy if they kept out of harm's reach themselves. 
 
 1 Others construe these words differently. Pabst : " oder als ob Ihr 
 durch solche Leite urn die Gunst Derer Euch bewerben miisstet, die 
 eure Sache vernachliissigeu, und es nicht eure Ehre erforderte, mit 
 Hiilfe der Besseren Denen, welche Euch pflichtmassige Dienste leisten, 
 Euch gefallig zu beweisen." 
 
152 THE ORATIONS OF DEMOSTHENES. 
 
 For the misdeeds and the audacity of these men you are 
 yourselves principally to blame : for you inquire of the ora- 
 tors, whom you know to be employed for hire, instead of 
 examining for yourselves, what the character of every man is. 
 Is it not absurd, to regard these men themselves as the basest 
 of our people, and yet to form a high opinion of those who are 
 praised by them ? They dispose of everything at their plea- 
 sure, and all but sell the public property by the common 
 crier, and order you to crown or not to crown where they 
 choose, making their own will paramount to your decrees. 
 My counsel to you, men of Athens, is, not to let the honour- 
 able ambition of generous citizens be dependent upon the 
 covetousness of the orators. Otherwise, you will teach all 
 people to perform the duties imposed on them as cheaply as 
 possible, and to hire at the highest price those who are ready 
 to support them before you by impudent falsehood. 
 
 THE ORATION AGAINST CALLIPPUS. 
 
 THE ARGUMENT. 
 
 APOLLODORUS here states his case for the defence against the plaintiff 
 Callippus. 
 
 Lycon of Heraclea, being about to sail for Libya, deposited a sum of 
 sixteen hundred and forty drachms in Pasion's bank, with instructions 
 to pay it to one Cephisiades, his partner, when he came to Athens. 
 The ship in which Lycon embarked was seized by pirates or priva- 
 teers in the Sinus Argolicus ; he himself was wounded and carried to 
 Argos, where he died. Callippus being the state-friend, or consul, of 
 the Heracleotes, hearing of his death, inquired at the bank if Lycon 
 had left any money there, was informed of the above-mentioned 
 transaction, and saw the entry in the bank book. For the time he 
 said nothing ; but Cephisiades having afterwards arrived in Athens, 
 and received the sixteen hundred and forty drachms, Callippus, who 
 had conceived the idea of getting that money for himself, tried (as 
 the defendant says) to induce Pasion to commit a breach of trust in 
 his favour, and frighten Cephisiades into returning the money. 
 This attempt having failed, three years afterwards he commenced an 
 action against Pasion for having wrongfully paid over the deposit to 
 Cephisiades. The matter was referred to private arbitration, but 
 Pasion died before any award was given : Apollodorus having suc- 
 ceeded to his father's liability, a fresh action was commenced against 
 him, and he was urged to refer the dispute to the same arbitrator, 
 Lysithides. He consented to do so, provided the cause were judicially 
 
AGAINST CALLIPPUS. 153 
 
 referred by order of the magistrate, so that an appeal might lie from 
 the arbitrator's decision. Lysithides having pronounced an award 
 for the plaintiff, Apollodorus appealed to a jury. He complains that 
 the conduct of the arbitrator was both partial and illegal, as he gave 
 his award without being sworn. He shows that there never was any 
 foundation for the plaintiff's demand; insisting (among other things) 
 upon the absence of any connexion between the deceased Lycon and 
 Callippus, the good character of his own father Pasion, and the great 
 improbability that he would favour a stranger like Cephisiades 
 against the plaintiff, who was a person of influence at Athens. He 
 comments also upon the suspicious conduct of the plaintiff in having 
 allowed so long a time to elapse before he prosecuted his demand, 
 only going to law when he knew that Pasion was in a declining state 
 of health, and then not pressing on the cause till after his death. 
 
 THERE is nothing more harassing, men of the jury, than 
 when a man having reputation and the ability to speak is 
 bold enough to tell lies and is well supplied with witnesses. 
 For it then becomes necessary for the defendant not to confine 
 himself to the facts of the case, but to attack the speaker him- 
 self, and to show that he ought not to be believed on account 
 of his reputation. Should you establish it as a custom that 
 clever speakers and men of high repute are to be more 
 believed than persons of less ability, you will have set up this 
 custom against yourselves. If ever then you did decide a 
 case upon its own merits, looking to justice only, without 
 being biassed in favour of either party, either the plaintiff or 
 the defendant, I implore you to decide upon such principles 
 now. I will explain the matter from the beginning. 
 
 Lycon the Heracleote, men of the jury, the person men- 
 tioned by the plaintiff, was a customer of my father's bank, 
 like the other merchants ; a friend of Aristonous of Decelea 
 and Archebiades of Lampra, and an intelligent man. When 
 he was about to set out on a voyage to Libya, he cast up his 
 account with my father, in the presence of Archebiades and 
 Phrasias, and directed my father to pay the money which he 
 left (it was sixteen minas forty drachms, as I shall show you 
 very clearly,) to Cephisiades ; stating that this Cephisiades 
 was his partner, a resident in Scyrus, but at that time abroad 
 on some other mercantile enterprise. He directed Arche- 
 biades and Phrasias to introduce and make him known to 
 my father, when he returned from his travels. It is the 
 custom with all bankers, when any private individual deposits 
 a sum of money with direction to pay it to any person, first 
 
154 THE ORATIONS OF DEMOSTHENES. 
 
 to write down the name of the party depositing and the 
 sum, then to enter in the margin that " it is to be paid to 
 this or that person ;" and if they know the face of the person 
 to whom they are to pay, they do only that, write down to 
 whom they are to pay ; but if they don't know it, they add 
 the name of him who is to introduce and make known the 
 person who is to receive the money. A misfortune happened 
 to this Lycon : as soon as he had sailed round the Argolic 
 bay, his ship was captured by some pirate vessels, his goods 
 were conveyed to Argos, and he himself was killed by a bow- 
 shot. Immediately afterwards Callippus the plaintiff comes to 
 the bank, and asks whether they knew Lycon the Heracleote. 
 Phormio, who is here in court, replied that they did know him. 
 " And did he bank with you 1 " " He did "said Phormio 
 " but why do you ask 1 " " Why ? "said he" I will tell 
 you. He is dead, and I am the state-friend of the Heracleotes. 
 T therefore request you to show me the bank-book, that I may 
 see if he has left any money; for I am bound to look after the 
 affairs of all the Heracleotes." When Phormio heard this, 
 men of the jury, he showed him the book instantly; and 
 the book being put before him, he read it with his own eyes, 
 and there saw the following entry " Lycon of Heraclea, 
 sixteen hundred and forty drachms ; to be paid to Cephi- 
 siades ; Archebiades of Lampra will introduce Cephisiades." 
 Having perused this, he went away in silence, and for more 
 than five months took no further notice. Cephisiades after- 
 wards arrived in Athens, came to the bank, and demanded 
 the money. There were present Archebiades and Phrasias, 
 men of the jury, the persons whom Lycon brought to my 
 father and requested to identify Cephisiades upon his arrival; 
 there were present also some others ; and Phormio, whom 
 you see here, counted out and paid him the sixteen minas 
 and forty drachms. To prove the truth of these statements, 
 he shall read you the evidence of the depositions. 
 
 [Depositions.] 
 
 That I have told you nothing but the truth, you have 
 learned from the depositions. A long time afterwards Cal- 
 lippus the plaintiff came up to my father in the city, and 
 asked him if Cephisiades, to whom the entry in the book was 
 to pay the sum left by Lycon of Heraclea, had arrived in 
 
AGAINST CALLIPPUS. 
 
 Athens. My father replied that he thought he had, but, if 
 he liked to go down to the Piroeus, he might know the truth. 
 " Do you know, Pasion " said he " what's the reason that 
 I ask you ? " (and by Jupiter and Apollo and Ceres, I will 
 tell you no falsehood, men of the jury, but relate just what I 
 heard from my father.) " It is in your power" said he 
 " both to benefit me and not to be hurt yourself. I happen 
 to be the state-friend of the Heracleotes, and you might be 
 glad, I should think, for me to get the money rather than an 
 alien who resides at Scyrus and is a person of no account. 
 The circumstances are these. Lycon is childless and has left 
 no heir in his house, as I am informed. And besides this, 
 when he was carried to Argos wounded, he gave to Stram- 
 menus the Argive, state-friend of the Heracleotes, the pro- 
 perty which was brought with him. And I too am in a 
 position to claim the money which he has left here ; for 
 I think I ought to have it. Do you then, if Cephisiades has 
 not received it, say, if he should come here, that I dispute 
 his title ; if he has received it, say that I came with witnesses 
 and demanded that the money or the person who has received 
 it should be produced ; and warn him, that I am the state- 
 friend, and that he will defraud me at his peril." After he 
 had spoken these words, " Callippus " said my father " I 
 wish to oblige you, (I should be mad, if I did not,) but with 
 this limitation, that I may not damage my own character or 
 be a loser by the affair ; to mention what you propose to 
 Archebiades and Aristonous, and indeed to Cephisiades him- 
 self, can't hurt me ; but if they won't agree to it, you must 
 talk to them yourself." " Don't be alarmed, Pasion" said 
 he " if you like, you can compel them to do what I want." 
 
 This, men of the jury, is what the plaintiff said to my 
 father, and what he repeated to Archebiades and Cephisiades 
 at the plaintiff's request and to oblige him ; and out of this 
 by degrees the action has been got up. I offered to satisfy 
 the plaintiff by the most solemn of all oaths, that I had 
 heard this statement from my father. The plaintiff, who 
 calls upon you to believe him on his word, waited for three 
 years after my father's first communication to Archebiades 
 and the other friends of Cephisiades, who refused to pay any 
 attention to what Callippus said, and when he heard that my 
 father was in a weak state of body and came up to the city 
 
156 THE ORATIONS OF DEMOSTHENES. 
 
 with difficulty, and that his eye was failing him, he com- 
 mences an action against him, not indeed an action for 
 money l like the present, but an action for damages, charging 
 that he had injured him by paying Cephisiades the money, 
 which Lycon of Heraclea left with him, without his (the 
 plaintiff's) consent, after promising not to pay it. After he 
 had brought his action, he withdrew the record from the 
 public arbitrator, and challenged my father to a reference 
 before Lysithides, a companion of Isocrates and Aphareus 
 and himself, but also an acquaintance of my father. My 
 father consented to refer, and during his lifetime Lysithides, 
 notwithstanding his intimacy with these men, did not venture 
 to do anything wrong against us. Yet some of the plaintiff's 
 friends are so shameless, that they have dared to depose, that 
 Callippus tendered an oath to my father, and my father was 
 unwilling to swear before Lysithides; and they fancy they 
 can persuade you, that Lysithides, an intimate friend of Cal- 
 lippus, and acting as arbitrator between the parties, would 
 have forborne to give his award against my father imme- 
 diately, notwithstanding my father's refusal to make himself 
 judge in his own case. 2 That what I say is true, and that 
 my opponents' statements are false, is proved (I submit) by 
 the very fact that Lysithides would have condemned him, 
 and that I should now have been defendant in an action on 
 the judgment, and not in an action for money. In addition 
 to this, I will produce as witnesses before you the persons 
 who were present at the several meetings in the reference 
 before Lysithides. 
 
 [Witnesses.] 
 
 That he did not challenge my father to an oath at that 
 time, and that he now calumniates him after his death, and 
 
 i See Meier and Schomann, Attic Process, 479, 510. 
 
 3 " Sperant se vobis persuasuros, ut credatis, Lysithiden non fuisse 
 commissurum ut damnaret patrem, cum pater nollet ipse sibi judex 
 fieri, h.e. ultro desistere ab injusta" lite et satis Callippo facere." 
 Reiske. 
 
 " Sen sum loci Reiskius bene vidit." Schafer. 
 
 " Nihil vidit hie vir perspicax. Sensus est : cum pater jurare nolu- 
 isset; cum jurejurando suo, quo rem decidere potuisset, ipse sibi quasi 
 judex fieri noluisset." Seager. 
 
 Seager is right. The arbitrator would not fail to pronounce against 
 Pasion, if Pasion had refused to discharge himself by an oath, when 
 tendered to him by the adversary. 
 
AGAINST CALLIPPUS. 157 
 
 that he unscrupulously produces his own friends to give false 
 testimony against me, it is easy for you to see both from the 
 circumstantial evidence and from this deposition. That I 
 was willing in my father's behalf to take that oath, which the 
 law requires when a man sues the heir on a ground of action 
 against the deceased ancestor, namely, that I believed that 
 my father never promised to pay to the plaintiff the money 
 which Lycon left, and that he was not introduced to my 
 father by Lycon ; and that Phormio was ready to make oath, 
 that he himself stated the account with Lycon in the presence 
 of Archebiades, and that he was directed to pay the money 
 to Cephisiades, and that Cephisiades was presented to him by 
 Archebiades, and that, when Callippus came the first time to 
 the bank, stating that Lycon was dead and that he (Cal- 
 lippus) desired to inspect the books, to see if he had left any 
 money, he (Phormio) showed him the books forthwith, and 
 Callippus, after seeing the entry to pay Cephisiades, went 
 away in silence, without making any claim to the money or 
 giving any notice not to part with it all this I will prove, 
 and he shall read you both the depositions and the law. 
 
 [The depositions. The law.~\ 
 
 Now, men of the jury, I will show you that Lycon had not 
 the least connexion with Callippus. I think this will be 
 something for me against the bragging of this man, who pre- 
 tends that the money in question was given him by Lycon as a 
 present. You must know that Lycon had lent forty minas to 
 Megaclides of Eleusis and his brother Thrasyllus on a mer- 
 cantile adventure to Thrace, but having changed his mind 
 and resolved not to hazard the voyage, and having some 
 complaint against Megaclides for cheating him about the 
 interest, he quarrelled with him and went to law to recover 
 his loan. It was a heavy matter when so much money was 
 at stake ; yet Lycon never invited Callippus to his counsels, 
 but asked Archebiades and the friends of Archebiades to 
 assist him ; and it was Archebiades who effected a reconcilia- 
 tion between the parties. To prove that this is true, I will 
 produce Megaclides himself as a witness before you. 
 
 [A deposition.] 
 
 So intimate, you see, men of the jury, was Lycon with 
 Callippus, that he never invited him to any consultation 
 
158 THE ORATIONS OP DEMOSTHENES. 
 
 upon his affairs, and never went to stay at his house. This 
 is the only thing his friends have not ventured to depose to, 
 that Lycon went to stay at his house ; for they well knew 
 that, if they told such a lie as this, the servants would convict 
 them on examination by the torture. But I will lay before 
 you a striking piece of evidence, which I think will convince 
 you that Callippus has not uttered a word of truth. If 
 Lycon, men of the jury, had been on familiar and friendly 
 terms with the plaintiff, as he says he was, and if he had 
 wished to make him a present of this money in the event of 
 anything happening to himself, would it not have been better 
 instead of leaving the money in the bank to leave it 
 directly with Callippus, in which case, if he returned safe, he 
 would have it honestly and justly restored to him by his 
 private friend and state-friend, and, if anything happened to 
 him, he would have given the money directly as he intended ? 
 It seems to me, that this last course would have been more 
 straightforward and more generous. However, he did nothing 
 of the kind, it appears, and therefore you are bound to accept 
 it as evidence against him : he gave both written and verbal 
 instructions to pay the money to Cephisiades. 
 
 Now consider another point, men of the jury. Callippus 
 was a citizen of Athens, a person having it in his power 
 either to do a service or an injury ; Cephisiades was a resi- 
 dent alien, and a person of no power or influence ; it is not 
 likely therefore that my father would side with Cephisiades 
 contrary to justice, rather than do justice to the plaintiff. Oh 
 but he will say perhaps my father got a profit for himself 
 out of the money, and therefore he sided with the other man 
 rather than with the plaintiff. What ? would he have wronged 
 a person who could do him damage to twice the amount of 
 the profit ? And again was he so grasping after lucre in 
 this case, when he had been so liberal in paying taxes and 
 defraying public charges and making donations to the state ? 
 He that never wronged a stranger, has he done wrong to 
 Callippus ? And did the plaintiff, as he pretends, tender an 
 oath to my father as an honest and truthful person, and yet 
 does he now speak of him as a rascal who expunges deposits 
 from his book 1 And, when my father would neither take 
 the oath, as the plaintiff says, nor pay the debt, would not 
 judgment have been pronounced against him immediately? 
 
AGAINST CALLIPPUS. 159 
 
 Who can believe these things, men of the jury ? No one, 
 I should think. 
 
 Has Archebiades sunk so low, as to give evidence against 
 Callippus, who is a member of the same township as himself, 
 and also a statesman and an orator, and to say that my tale 
 is a true one, and his is false, when he knows too, that if 
 Callippus chooses to proceed against him for false testimony, 
 and to do nothing more than drive him to an oath, he will be 
 compelled to take whatever oath Callippus requires? And 
 again, can you be persuaded that Archebiades would perjure 
 himself, in 'order that Cephisiades, a resident alien, may get 
 this money, or for Phormio's benefit, whom the plaintiff 
 charges with having appropriated a portion of the deposit ? It 
 is not a very probable thing, men of the jury. It is not fair 
 to believe that either Archebiades or my father was capable 
 of an act of baseness. You know that my father was a person 
 too ambitious of honour to be guilty of base or mean practices, 
 and that he did not stand in such a relation to Callippus, 
 that he would venture to treat him with contempt or do him 
 an injury. Callippus, I should think, was hardly so slight a 
 man as to be treated with contempt. On the contrary, he is 
 so powerful, that last year, after he had brought this action 
 against me and challenged me to refer the matter to Lysi- 
 thides, (when I, despicable as he thought me, acted wisely at 
 least in one respect, for I would only submit to a strict legal 
 reference, and J. carried it before the magistrate) ; l Callippus 
 persuaded the arbitrator, who had been appointed according 
 to the laws, to pronounce an award not upon oath, though I 
 protested against it and required him to give his award upon 
 oath according to law : this Callippus did, that he might be 
 able to say to you, that Lysithides, a good man and true, had 
 
 1 The meaning appears to be this. Apollodorus would not consent to 
 refer to Lysithides as a private arbitrator, in -which case there would have 
 been no appeal from his decision, but insisted that the reference should 
 be in the cause, Lysithides being doubtless one of the public arbitrators, 
 for they were most commonly chosen as private referees. Notice was 
 in the usual way given to the magistrate who had cognizance of the 
 cause, and he sent it to Lysithides by consent of both parties. Apollo- 
 dorus complains of the partiality of Lysithides and of his having decided 
 without taking an oath according to law; at the same time he takes 
 credit for his own sagacity in having secured to himself the right of 
 appeal. 
 
160 THE ORATIONS OP DEMOSTHENES. 
 
 already given a decision upon the case. Lysithides, men of 
 the jury, as long as my father was alive, would probably 
 never have wronged him either with an oath or without an 
 oath, because he had a regard for my father ; but for me he 
 had no regard, while not upon his oath, though perhaps, if 
 he had been upon his oath, he would not have wronged me 
 for his own sake : and therefore he pronounced an award 
 unsworn. 
 
 To prove the truth of these statements, I will produce 
 before you the witnesses who were present. 
 
 [Witnesses.] 
 
 What Callippus is able to do in defiance of law and justice, 
 you have learned from the deposition, men of the jury. I 
 entreat you, both on my own behalf and on my father's, to 
 remember that in support of all that I have said I have pro- 
 duced before you witnesses and laws and circumstantial and 
 confirmatory evidence; and I show you that when Callippus, 
 if he had any right to this money, might have proceeded 
 against Cephisiades, who admits that he has received the 
 money, notwithstanding his having got these assurances from 
 us, he takes no proceedings, knowing that the money is not 
 in our hands I entreat you to remember all this, and to 
 give a verdict for the defendant. If you do so, you will have 
 pronounced a decision in accordance with law and justice, a 
 decision worthy of yourselves and of my father : for I would 
 rather you should take all I possessed, than have to pay an 
 unjust demand in a vexatious action. 
 
 THE ORATION AGAINST NICOSTRATUS. 
 
 THE ARGUMENT. 
 
 APOLLODORUS here appears in support of an information which he had 
 lodged respecting some slaves, which he represented to be the pro- 
 perty of one Arethusius, and, as such, liable to be seized for a debt 
 due from him to the state. Nicostrat.us, the brother of Arethusius, 
 disputes the title of the State, and claims the slaves as his own. A 
 proceeding of this kind (as we have seen) was called Apograpke, because 
 the informer gave in a written statement or inventory of the debtor's 
 goods which he had discovered (see Volume iii. Appendix viii. pago 
 
AGAINST NICOSTRATUS. 161 
 
 341). If the title was contested in a court of law, and the informer 
 made out his case, he was entitled to three-fourths of the goods as a 
 reward : if he failed, he was liable to a penalty of a thousand drachms, 
 and that partial disfranchisement which consisted in forfeiting the 
 right to appear as public prosecutor again. 
 
 Apollodorus, in order to conciliate the favour of the court, renounces 
 his claim to the informer's share of the property, and declares the 
 motive which induced him to undertake the present case, namely, 
 his desire to avenge himself on Nicostratus and Arethusius for in- 
 juries which they had done him. Such a motive being not merely 
 excusable, but meritorious and laudable, in the eyes of the Athenian 
 people, Apollodorus enters into the history of his former connexion 
 and dealings with these men ; showing that Nicostratus was under 
 the greatest obligations to him, yet had treated him with the grossest 
 ingratitude, and had even leagued with his enemies to oppress and 
 destroy him. He had, by the false testimony of Arethusius and 
 another person, caused Apollodorus to be fined six hundred and 
 ten drachms for non-appearance to a pretended citation. Arethusius 
 had by the like fraud got a judgment for ten drachms against Apol- 
 lodorus, which he proceeded to execute : (just as if at this day a man 
 procured a false affidavit of the service of a writ, and then proceeded 
 to judgment and execution.) These frauds were followed by acts of 
 outrage and violence of a criminal nature. Apollodorus afterwards 
 indicted Arethusius for having borne false witness to the citation : 
 he was convicted, and a fine of a talent was imposed on him by the 
 jury, for the satisfaction of which his effects were liable to be seized. 
 After showing these preliminary matters, Apollodorus proceeds to 
 the proof of that, which (strictly speaking) was the only issue in the 
 cause, namely, that the slaves in question were the property of 
 Arethusius, and not of Nicostratus; and he urges the necessity of 
 dealing strictly with these fictitious claims, and preventing frauds 
 upon the public treasury. 
 
 THAT I have laid this information concerning the property 
 of Arethusius not groundlessly and vexatiously, but because 
 I have sustained injury and outrage from him and his bro- 
 ther, and thought it my duty to avenge myself on them, you 
 may be satisfied, men of the jury, when you see the amount 1 
 at which the slaves are valued, and that I have laid the 
 
 1 I am disposed to adopt the second thoughts of Bockh upon this 
 passage, viz. that /j.eye0os signifies the small, and not the great, value of 
 the property, and that the two slaves together were valued at two minas 
 and a half. The meaning then is, When you see that so small a loss 
 would be inflicted on my adversary, and so small a gain would fall to 
 my share as informer in the event of success, while I should lose more 
 than quadruple in the event of failure, you can hardly suppose that my 
 charge is a false one. 
 
 Reiske and Schafer take a different view. Pahst is dubious. 
 
 VOL. V. M 
 
 
162 THE ORATIONS OF DEMOSTHENES. 
 
 information in my own name. For surely, if I had been 
 taking vexatious proceedings, I should not have scheduled 
 slaves worth two minas and a half, according to the claimant's 
 own valuation, and run the risk of losing a thousand drachms 
 and being precluded from ever indicting any one hereafter on 
 my own behalf. Kor again was I unable, for lack of friends 
 and means, to find a person to undertake the information : 
 but I considered that it would be the most disgraceful thing 
 in the world, when I myself had been injured, that another 
 man should lend his name on behalf of me the injured party, 
 and that this should serve my adversaries for a proof of my 
 untruthfulness, whenever I spoke to you of our enmity, be- 
 cause (they would say) no other man would ever have 
 appeared as the informer, if I had really been the injured 
 party. For these reasons I exhibited the information, If I 
 can establish upon the trial, that the slaves belong to Are- 
 thusius, to whom they were described as belonging, I re- 
 nounce in favour of the state the three-fourth s, which by 
 law are given to the individual informer ; and I am content, 
 on my own part, with having simply taken vengeance. Had 
 my allowance of water enabled me to give you a full history 
 from the beginning of all the benefits which I have conferred 
 on them, and all the ingratitude with which I have been 
 requited, I am sure you would have still more excused my 
 resentment, and would have deemed these persons the most 
 wicked of mankind. As it is, however, not even double my 
 allowance of water would be sufficient. I will relate to you 
 then the most serious and flagrant injuries which they have 
 done me, and those which have led to the present informa- 
 tion : the bulk of them I will pass by. 
 
 Nicostratus, whom you now see before you, men of the 
 jury, was my country neighbour, and a person of the same 
 age as myself. I had long been acquainted with him, but 
 after my father's death, when I went to reside in the country, 
 where I now reside, we were thrown still more together, by 
 reason of our being neighbours and of the same age. In 
 course of time we grew exceedingly intimate ; indeed I was on 
 such intimate terms with him, that I never refused him any- 
 thing that he asked ; and he also was of use to me in 
 managing and attending to my affairs, and, whenever I was 
 abroad either in the public service as trierarch, or on any 
 
AGAINST NICOSTRATUS. 163 
 
 private business of my own, I used to leave him in charge of 
 everything on the farm. 
 
 I happened to be sent with a ship that I commanded round 
 Peloponnesus, from which I had to carry the ambassadors 
 appointed by the people to Sicily. The ship was to sail in a 
 hurry : so I wrote to Nicostratus telling him that I had set 
 sail and should not be able to return home, that I might not 
 delay the ambassadors ; and I charged him to take the care 
 and management of my household, as he had done on former 
 occasions. During my absence three domestic servants ran 
 away from him, from his own farm ; two that I had given 
 him, and one that he had purchased himself. He pursued 
 them, and in doing so was captured by a privateer, carried to 
 ^Egina, and there sold. When I had returned home with 
 my ship, Dinon, this man's brother, came and told me of his 
 disaster, stating that Nicostratus had sent him letters, but, as 
 he had not the means of travelling, he had not gone after 
 him, and telling me also that he heard his brother was in 
 a most wretched condition. On receiving this intelligence, 
 I felt a deep compassion for his misfortune, and I sent his 
 brother Dinon to him instantly, giving him three hundred 
 drachms to pay the expenses of the journey. Nicostratus, 
 upon his return to Athens, came to me, embraced me, 
 thanked me most warmly for supplying his brother with the 
 travelling expenses, bewailed his unhappy fate, complained of 
 his own relations, and entreated me, as I had always been 
 his true friend before, to stand by him still. He told me at 
 the same time with tears in his eyes, that he had been ran- 
 somed for six and twenty minas, and he requested me to con- 
 tribute something towards the redemption money. Touched 
 with pity at his story, and seeing in what a wretched plight 
 he was (he showed me the marks of the fetters on his calves ; 
 he has the scars of them still, and if you ask him to show 
 them to you, he won't do it) I replied, that I had been his 
 true friend before, and would assist him in his distress, and 
 I would forgive him the thirty minas which I gave his bro- 
 ther for the expenses of his journey to him, and I would sub- 
 scribe a thousand drachms towards his ransom. Nor did I 
 content myself with mere words ; but what I promised I 
 performed. Having no ready money by me, in consequence 
 of my disputes with Phormio, who was keeping me out of the 
 
 M2 
 
164 THE ORATIONS OF DEMOSTHENES. 
 
 property which my father left me, I went to Theocles, who 
 then carried on the business of a banker, taking with me 
 some cups and a golden crown, part of the property which 
 had come to me from my father, and desired him to give a 
 thousand drachms to Nicostratus, and I made Nicostratus a 
 present of that sum : I acknowledge that it is a gift. 
 
 A few days afterwards he came to me with tears in his eyes, 
 and told me that the strangers who had lent him the redemp- 
 tion money were demanding payment of the remainder, and 
 that it was stipulated in the agreement that he should pay it 
 within thirty days, or be liable for double the amount, and 
 that no one was willing either to buy or to take a mortgage 
 of the land adjoining mine, because his brother Arethusius, 
 the owner of these slaves which are now scheduled, would 
 not allow it either to be sold or mortgaged, as money was 
 owing upon it to himself. " You then" he said " furnish 
 me with the sum which is wanting, before the thirty days 
 have expired, that what I have already paid, the thousand 
 drachms, may not be lost, and that I may not be carried to 
 prison. I will collect the whole amount" said he " when 
 I have got rid of the strangers, and flay you all that you have 
 lent. You know" said he "the laws expressly declare 
 that a person ransomed from the enemy shall become the 
 property of the ransomer, if he fails to pay the redemption 
 money." Hearing him say this, and thinking he spoke the 
 truth, I replied as was natural for a young man and an inti- 
 mate friend, never expecting to be defrauded. " Nicostratus," 
 I said "I was your true friend in former times, and I have 
 now assisted you in your misfortunes, as far as I could. Since 
 then at the present moment you cannot find the whole sum 
 that is wanted, and I myself have no ready cash by me, I 
 will lend you as much of my property as you desire, and you 
 shall mortgage it for what is wanted to make up the rest of 
 the debt, and you may have the use of the money for a 
 twelvemonth without interest, and pay off the strangers. 
 When you have collected the amount that I have advanced 
 you, then pay off my mortgage as you promise." JNicos- 
 tratus warmly thanked me for this, and urged me to conclude 
 the affair as soon as possible, before the expiration of the 
 days in which he said he had to pay the ransom. Accordingly 
 I mortgaged my lodging-house to Arcesas of Pambotadse, 
 
AGAINST NICOSTRATUS. 165 
 
 whom this man himself recommended to me, for sixteen 
 minas, at the interest of eight obols for the mina per month 
 After he had received the money, he not only showed me 
 no gratitude for what I had done for him, but immediately 
 laid a plot to rob me of the money and become my enemy, 
 so that I, not knowing how to deal with the affair on account 
 of my youth and inexperience,, might take no proceedings to 
 recover the sum for which the lodging-house was mortgaged, 
 but forgive it him. Accordingly he first conspires against 
 me with my opponents in a lawsuit, and binds himself by 
 oath to support them; 1 after the proceedings had commenced, 
 he discloses to them my case, which he was acquainted with, 
 and enters me as owing to the treasury a fine of six hundred 
 and ten drachms for non-production of property, 2 without 
 my ever having been served with a citation, and he procured 
 the judgment against me through Lycidas the miller. He 
 caused his brother (this same Arethusius, to whom the slaves 
 belong) and another person to be inserted as attesting wit- 
 nesses to the citation; and they were prepared, in case I 
 brought to a hearing before the magistrate the suits which I 
 had commenced against my relations by whom I had been 
 defrauded, to lay an information against me and throw me 
 into prison. Besides this, Arethusius procured a judgment 
 against me as debtor to the treasury for ten drachms, without 
 my having been cited to appear, (he however had inserted 
 witnesses to a citation,) then he entered forcibly into my 
 house and carried off all my furniture, to the value of more 
 than twenty minas, and did not leave a single particle. I 
 paid the debt to the treasury, and resolving to avenge myself, 
 as soon as I heard of the plot, I took proceedings against the 
 
 1 Pabst : " ertheilte ihnen eidliche Zusicherungen fur sie zu zeugen." 
 
 2 A man in possession of goods or documents, which either belonged 
 to another, or which another was entitled to inspect, might be sum- 
 moned to produce them, tfj.tya.vfi Karaa'Tija'ai, a process corresponding to 
 the Koman actio ad exhibendum. If he refused to obey the summons, 
 the magistrate before whom he was cited to attend might impose a fine 
 upon him, and this might be repeated until his contumacy was over- 
 come. The party summoned however might contend, either that he 
 was not in possession of the things required, or that he was not bound 
 to produce them; in either of which cases, the demandant had to 
 proceed against him by an action, Sfa?j ets cptyav 
 
 See Meier and Schomann, Attic Process, page 374. 
 
166 THE ORATIONS OF DEMOSTHENES. 
 
 person who confessed that he had cited me to appear, (I mean 
 Arethusius,) and indicted him for false citation according to 
 law : he then came at night into my farm, cut off all the 
 valuable fruit-grafts that were there, and also the young trees 
 in the shrubbery, 1 and broke down the enclosed plantations 
 of olives ; not enemies in war would make such cruel havoc 
 as he did. In addition to this, as they were neighbours, and 
 my farm was adjacent to theirs, they sent into it in the day- 
 time a young boy, the son of a citizen, and desired him to 
 pluck off the flowers of my rosary, so that, if I caught him, 
 and struck him in a passion, or put him in bonds, taking him 
 for a slave, they might bring an indictment for outrage against 
 me. They failed in this : I called some persons to bear 
 witness to the wrong done me, but committed no offence 
 against them myself; so they prepared to play me a trick of 
 the foulest kind. My indictment against Arethusius for false 
 citation had been heard before the magistrate, and I was 
 about to bring it to trial before a jury ; he then lay in wait 
 for me near the stone-quarries, as I was coming up late from 
 Piraeus, gave me a blow with his fist, seized me round the 
 waist, and would have pushed me into the stone-quarries, if 
 some people had not come up, hearing my cries, and run to 
 my assistance. A few days afterwards, I went into court, 
 and, though there was a long cause-list, and I had but a 
 limited time to conduct my case, I proved that he had falsely 
 attested the citation and done me the other injuries which I 
 have mentioned, and so obtained his conviction. When it 
 came to the question of punishment, the jurors were inclined 
 to pass sentence of death upon him ; I begged them however 
 not to do anything of the sort at my instance, but to consent 
 to the fine which they themselves proposed, a talent not 
 that I had any desire to spare Arethusius, (for he well 
 deserved death for what he had done to me,) but that it 
 might not be said, that I, the son of Pasion, who had been 
 created citizen by a decree of the people, had caused the 
 death of an Athenian. 
 
 To prove that I have told you no more than the truth, I 
 will call witnesses to all these facts before you. 
 
 , according to Reiske, is, "ambulatio arboribus septa, 
 areola arboribus aut floribus consita." Pabst "die uin Baume ge- 
 echluugenen Reben." 
 
AGAINST NICOSTRATUS. 167 
 
 The wrongs done me by Arethusius and his brother, which 
 have caused me to lay this information, I have explained to 
 you, men of the jury. That the slaves belong to Arethusius, 
 and that I have only scheduled what forms part of his estate, 
 I am about to show you. Cerdon he reared from early 
 childhood ; and to prove that he belonged to Arethusius, I 
 will call witnesses before you, who know the fact. 
 
 [Witnesses.] 
 
 I shall show also, that Arethusius got the wages on his 
 account from all the persons with whom he ever worked; 
 and that he used to receive compensation, or to pay it when 
 Cerdon did any mischief, as a master would be bound to do. 
 I will prove this by the evidence of witnesses acquainted 
 with the facts. 
 
 [Witnesses.] 
 
 Manes he became possessed of in the following way. He 
 lent a sum of money to Archepolis of Piraeus, and, as 
 Archepolis was not able to pay either the principal or the 
 interest, he valued the slave to him for the whole amount. 
 To prove the truth of this, I will produce the witnesses 
 before you. 
 
 [Witnesses.] 
 
 I will give you a further proof, men of the jury, that the 
 slaves belong to Arethusius. Whenever these men either 
 bought the year's fruits or engaged to reap a harvest for a 
 certain sum, or undertook any other farm service, Arethusius 
 was the person who made the purchase or engagement on their 
 behalf. And this too I will prove by calling the witnesses. 
 
 [Witnesses.] 
 
 I have laid before you all the evidence I had to offer, to 
 prove that the slaves belong to Arethusius. I wish now to 
 say a word about the challenge which these men gave to me, 
 and that which I gave to them. They challenged me at 
 the first hearing before the magistrate, saying they were 
 ready to deliver up the slaves for me to question them my- 
 self; and they wanted this to serve them for a kind of evidence. 
 
168 THE ORATIONS OF DEMOSTHENES. 
 
 I replied to them in the presence of witnesses, that I was 
 ready to go to the Council with them, and in conjunction 
 with the Council or with the Eleven to receive the slaves foe 
 examination : and I said that, had I been suing them in a 
 private action, I would have accepted their offer to deliver 
 up the slaves, but now the slaves and the information belonged 
 to the state, therefore they ought to be questioned publicly. 
 I thought it was not right that I, a private individual, should 
 put public slaves to the torture ; for the application of the 
 torture was not under my control, nor was I the proper 
 person to decide on the meaning of their answers. I con- 
 sidered that the magistrate or persons chosen by the Council 
 should have had the answers taken down in writing, then 
 put their seal to the examination, and produced it in court, 
 to guide you to that verdict which your sense of justice 
 dictated. For, if the slaves had been questioned privately, 
 everything would have been disputed by these men; if 
 publicly, we should have held our tongues, and the magis- 
 trates or persons chosen by the Council would have carried 
 the examination so far as they thought proper. Upon my 
 making this offer, they said they would not deliver up the 
 slaves to the magistrate, nor would they go with me before 
 the Council. 
 
 To prove the truth of these statements, please to call the 
 witnesses who depose to them. 
 
 [Witnesses.] 
 
 Their impudence in claiming your property is manifest, as 
 it seems to me, in many ways, but I shall exhibit it in the 
 strongest point of view by referring to your laws. You must 
 know that these men, when the jurors wished to pass a capital 
 sentence on Arethusius, entreated the jurors to impose a 
 pecuniary fine, and me to consent to it : and they agreed to 
 be jointly responsible for the payment. So far however from 
 paying according to their guarantee, they lay claim to your 
 property. The laws declare that a man's estate shall be con- 
 fiscated, who has guaranteed a sum due to the state and does 
 not satisfy his guarantee ; therefore, even if the slaves be- 
 longed to these persons, they ought to be confiscated, if the 
 laws are good for anything, And, before Arethusius became 
 indebted to the state, he was acknowledged to be the richest 
 
AGAINST CONON. 169 
 
 of the brothers ; but, since the laws have adjudged his 
 property to you, Arethusius turns out to be poor, and his 
 mother claims one part of his property, and his brothers 
 claim another. If they meant to deal fairly by you, they 
 should first have disclosed all the estate of Arethusius, and 
 then have put in their own claim if any of their property 
 had been scheduled. If you reflect then, that there will never 
 be a lack of claimants to contest your rights for they'll 
 either manage to get orphans or heiresses, to move your com- 
 passion, or they'll talk about old age and distresses and 
 mother's maintenance, and by dwelling piteously on those 
 topics by which they expect most easily to deceive you, 
 endeavour to cheat the state of her dues I say, if you 
 disregard all these pretences and find a verdict against 
 Nicostratus, you will act judiciously and wisely. 
 
 THE ORATION AGAINST CONON. 
 
 THE ARGUMENT. 
 
 THIS was an action for assault and battery, brought by Ariston against 
 Conon, which, after having been sent before a public arbitrator, was 
 tried, as Pabst thinks, before the tribunal of the Forty. (See Meier 
 and Schomann, Attic Process, page 80.) The circumstances of the 
 case are briefly stated. There had been a quarrel between the 
 plaintiff and the sons of the defendant, when they were in garrison 
 together at Panactus ; during which time the defendant's sons had 
 grossly misbehaved themselves and insulted the plaintiff, and, upon 
 his complaint to the general, had received a reprimand. This rankled 
 in their minds, and, on their return to Athens, they determined to 
 be revenged. One evening, when Ariston was walking in the market- 
 place, he met Ctesias, a son of Conon, in a state of intoxication. 
 Ctesias, observing him, fetched his father and some boon-companions 
 from a party, and they, falling upon Ariston, gave him a violent 
 beating, knocked him down, and used him so brutally, that for some 
 time after his life was in danger. They also carried away his cloak, 
 which they had torn from his back. These are the facts which con- 
 stitute the grounds of the plaintiff's action. He calls witnesses who 
 saw the assault committed, proves the nature of the injury by medical 
 testimony, and gives evidence of the malicious motives by way of 
 aggravation. The circumstances plainly indicated that this was not 
 a mere drunken frolic, as the defendant contended ; and, even if it 
 
170 THE ORATIONS OF DEMOSTHENES. 
 
 were so, it would be no excuse for so serious an outrage. The levity 
 with which Conon had treated the matter was only a proof of his 
 own profligacy and brutality. When he was before the arbitrator, 
 he had not only endeavoured to make a joke of it, but had offered 
 evidence to disprove the assault. The plaintiff therefore comments 
 upon the character of his opponent's witnesses, and shows that they 
 were not to be believed in opposition to his own. He takes credit 
 also to himself for his moderation, in not having proceeded against 
 the defendant by indictment, as he might have dcaie, for highway- 
 robbery and criminal outrage. 
 
 The events here related are made use of by Becker in scene v. of the 
 Charicles. 
 
 MEN of Athens, an outrage of such violence was committed 
 on me by Conon the defendant, that for a long time I was 
 given over by my relations and medical attendants. Contrary 
 to expectation, I recovered; and then commenced this action 
 against him for the assault. My relations and friends, whom 
 I consulted, said that, for what he had done, he was liable to 
 be imprisoned for robbery, or indicted for a gross outrage; 
 but strongly advised me not to undertake too arduous a task, 
 or appear as prosecutor on a charge unsuited to my years. I 
 followed their advice, and brought an action, though I should 
 gladly have prosecuted the defendant for a capital crime. 
 And I am sure, men of Athens, you will forgive me, when 
 you hear what I have suffered ; for, grievous as the assault 
 was, it exceeds not the brutality of his subsequent conduct. 
 I request and implore you all, to lend a kind ear to my com- 
 plaint, and, if you think I have been aggrieved and injured, 
 to give me the redress which I am entitled to. I will state 
 the facts in order, as they occurred, in as few words as 
 possible. 
 
 Two years ago we went by order of the people to garrison 
 Panactus. The sons of the defendant Conon pitched their 
 tent near to us, most unfortunately ; for hence arose all our 
 feuds and quarrels ; I will tell you how. They used to drink 
 the whole of the day after luncheon, and continued to do so 
 as long as we were in the garrison. Our mode of life was the 
 same out there as at home. So it happened that, at the hour 
 when others were dining, these men would be playing drunken 
 frolics. And for some time they played them off upon our 
 waiting-boys only, but at last upon us. They would pretend 
 that the boys annoyed them with smoke in cooking, or were 
 
AGAINST CONON. 171 
 
 saucy ; then they beat them, emptied the chamber-pots on 
 them, and made water over them, and played all sorts of 
 insolent and brutal tricks. When this was brought to our 
 notice, we were annoyed, yet at first only expressed our dis- 
 gust; but when they taunted us and would not desist, we all 
 went (not I alone, but all the messmates in a body), and 
 informed the general. He rebuked them severely, not only 
 for their treatment of us, but for their whole behaviour in 
 the camp. Yet (so far from leaving off or being ashamed of 
 their pranks) that very evening, as soon as it was dark, they 
 burst in upon us, and, after using abusive language, ended 
 by striking me ; and raised such a clamour and uproar about 
 the tent, as to bring the general, the officers, and some of the 
 other soldiers, but for whose interference we might have 
 suffered, or been provoked to inflict, some serious injury. 
 Things having gone so far, upon our return home there arose, 
 as you might expect, a feeling of resentment and enmity 
 between us. However, I never thought of bringing an action 
 against them, or of taking any notice of what had passed j I 
 simply resolved for the future to shun and avoid the company 
 of such persons. I will prove the facts which I have stated, 
 and then explain what I have suffered from the defendant 
 himself. You will find, that he, who ought to have reproved 
 his sons for their conduct, has himself been guilty of a much 
 more shameful aggression. 
 
 [Depositions.^ 
 
 Such are the acts which I thought proper to pass over. 
 Not long after this, I was taking my usual evening walk in 
 the market-place with a companion of my own age, Phano- 
 stratus of Cephisia, when Ctesias, the defendant's son, passed 
 me in a state of intoxication by the Leocorium, near the 
 houses of Pythodorus. Seeing us, he made an exclamation, 
 then muttered something indistinctly to himself, like a 
 drunken man, and went on his way up to Melita. There was 
 a drinking party (as I afterwards heard) at the house of 
 Pamphilus the fuller. Coiion the defendant, one Theotimus, 
 Archebiades, Spintharus, son of Eubulus, Theogenes, son of 
 Andromenes, and many others were there. Ctesias made 
 them leave the party and go with him to the market-place. 
 We happened to be returning from the temple of Proserpine, 
 
172 THE ORATIONS OP DEMOSTHENES. 
 
 and again -walking nearly opposite the Leocorium, when we 
 encountered them. As we came close up, one of them (I 
 don't know which) rushed upon Phanostratus, and held him ; 
 Conon and his son, and the son of Andromenes, fell upon me, 
 pulled off my cloak, tripped up my heels, threw me into the 
 mud, and jumped on me and kicked me with such violence, 
 that my lip was cut through and my eyes were closed up. 
 In this state they left me, unable to rise or speak. As I lay, 
 I heard them use dreadful and blasphemous language, some 
 of which I should be sorry to repeat before you. One thing 
 however, which proves the defendant's malice, and shows him 
 to have been the leader in the affair, you shall hear. He 
 crowed, mimicking the fighting-cocks that have won a battle j 
 and his companions bade him clap his elbows against his 
 sides like wings. I was afterwards found by some persons 
 who came that way, and carried home, without my cloak ; for 
 these men had gone off with that. \Vhen they got to the 
 door, my mother aad the female servants began crying and 
 wailing ; I was carried with some difficulty to a bath j they 
 washed me all over, and then showed me to the surgeons. To 
 prove these facts, I will call witnesses. 
 
 [ Witnesses.'] 
 
 It so happened, men of Athens, that Euxitheus of Chollidee, 
 who is now in court, a relation of mine, and Midias, returning 
 from some dinner, came up just as I was near home, followed 
 me to the bath, and were present when the men brought 
 a surgeon. I was then so weak, that, as it was a long way 
 from the bath to my house, my attendants thought it best to 
 take me for that evening to the house of Midias ; and they 
 did so. You shall hear their evidence, to show you how 
 many persons know the particulars of this outrage. 
 
 [Depositions.] 
 
 Now take the deposition of the surgeon. 
 [The deposition.] 
 
 Such was the immediate consequence of the blows and 
 maltreatment which I received, as you hear from me and 
 from all the witnesses who saw me at the time. Afterwards, 
 although the swellings in my face and the bruises were not 
 considered dangerous by the surgeon, a fever ensued, and 
 
AGAINST CONON. 173 
 
 continued without intermission, and violent and sharp pains 
 in the whole of my body, but especially in my sides and 
 stomach. I was unable to take any food and, as the sur- 
 geon said, if a sudden discharge of blood had not relieved 
 me at the moment of intense suffering and danger, I should 
 have died of suppuration. The loss of blood saved me. That 
 I am speaking the truth, when I tell you that from the blows 
 which these men gave me I suffered a long illness, which 
 brought me to the point of death, I will prove by the evi- 
 dence of the surgeon and others who attended me. 
 
 [Depositions.'] 
 
 That I received no slight or trifling blows, but was in peril 
 of my life from the malice and brutality of these men, and 
 have commenced an action far more lenient than the case 
 deserves, I take it you have abundant proof. But I dare say, 
 some of you wonder what defence Conon will venture to set 
 up. I will tell you beforehand the answer, which I hear he 
 is prepared to make. He will try to make a jest of the out- 
 rage, and turn the whole matter into ridicule. He'll tell 
 you, that there are many persons in the city, sons of respect- 
 able citizens, who in a spirit of youthful pleasantry have given 
 themselves nicknames, such as Priapi or Sileni, 1 and that 
 some of them have mistresses ; and that his own son is one 
 of that set, and has often got into squabbles about a girl ; 
 and that such things are natural to young men. Then he 
 will make out that I and my brothers are not only drunken 
 and quarrelsome people, but unfeeling also and vindictive. 
 For my part, men of Athens, deeply as I resent the wrongs 
 I have suffered, I should feel it no less a grievance, and (if I 
 may so express myself) an insult, if you were to believe these 
 assertions of Conon, and if you could be so weak as to take 
 for granted the character which a man gives to himself or 
 the imputations of his neighbour, instead of allowing to re- 
 spectable men the benefit of their daily conduct and mode of 
 
 1 In the translation of l9v<t>d\\ovs and avroXt}KtQovs I have followed 
 Auger, who says in a note " II y a d'autres noms en Grec, des noms 
 obscenes, que se donnoient des libertins et des de'bauche's. Je les ai 
 remplace's par des noms comma, consacre's dans le paganisme au liber- 
 tinage et a la debauche." 
 
 Those who desire further information as to the Greek terms may 
 consult the note of Pabst. 
 
i74 THE ORATIONS OF DEMOSTHENES. 
 
 life. No one has ever seen us either drunk or committing 
 outrage ; and I cannot think I am doing anything unfeeling, 
 when I seek redress for my wrongs according to law. The 
 sons of the defendant are welcome (for all I care) to be Sileni 
 and Priapi. I only pray to heaven, that both his sons and 
 himself may reap the consequences of all such titles. The 
 rites which they perform, and their actions too, are so in- 
 decent, that no respectable person can mention, much less 
 imitate them. 
 
 But what have I to do with all this 1 I have yet to learn, 
 that there is any excuse or pretence, on which a man, who is 
 convicted of battery and outrage, is let off by a jury. The 
 laws act on a different principle. They have taken care, that 
 even necessary excuses may not operate too powerfully. For 
 instance I have been forced by the defendant to inquire into 
 these matters there are actions for evil speaking : which lie 
 (they tell me) on this account ; that bad words may not lead 
 men to strike one another. Again, there are actions for bat- 
 tery. These (I hear) lie for this reason ; that the weaker 
 party in a quarrel may not defend himself with a stone or 
 the like, but wait for legal redress. Again, there are indict- 
 ments for wounding, that wounds may not lead to murder. 
 The least of these evils, abusive language, is guarded against, 
 I imagine, to prevent 'the last and most serious; that murder 
 may not ensue, and men may not be led on by steps from 
 wrangling to blows, from blows to wounds, from wounds to 
 death ; but that every such offence may be punishable by 
 law, and the decision not left to the passion or will of the 
 party at the time. Such being the law, will you, because 
 Conon says " we are a band of Priapi, and in our amours 
 strike and break the necks of whom we please " will you 
 laugh and let him off? I trust not. None of you would 
 have laughed, if you had been present, when I was dragged 
 and stripped and kicked, and carried to that home which I 
 had left strong and well, and my mother rushed out, and the 
 women set up such a crying and wailing (as if a man had 
 died in the house) that some of the neighbours sent to ask 
 what was the matter. It seems to me, men of Athens, you 
 ought to allow no man, on any pretence, to commit an out- 
 rage with impunity; but if any excuse is allowable, it should 
 be confined to those whom youth leads astray, and even then 
 
AGAINST CONON. 175 
 
 it should extend, not to impunity, but only to mitigation of 
 punishment. But when a man more than fifty years old, in 
 company with younger men, and those his sons, so far from 
 discouraging or preventing their crime, is himself the leader 
 and the foremost and most wicked of all ; what punishment 
 is sufficient for him? Death is too little, it seems to me. 
 Suppose he had taken no part himself, but had stood by, 
 while his son Ctesias was doing that which I proved him (the 
 defendant) to have done ; even then he would have deserved 
 your execration. For if he has trained his own sons so 
 badly, that they are not afraid or ashamed in his presence to 
 commit crimes for some of which the penalty is death, what 
 punishment do you think is too severe for him ? I think it 
 proves that he had no reverence for his own father. For, if 
 he had feared and honoured his father, he would have exacted 
 respect from his children. 
 
 Now take the statute of outrage, and that concerning 
 highway-robbers. You will see that he is amenable to both. 
 Read them : 
 
 [The laws.] 
 
 To both these statutes the defendant Conon is amenable 
 for his acts ; for he committed outrage and highway-robbery. 
 And though I have not chosen to pursue the remedy which 
 they give, that should be taken as a proof that I am a quiet 
 and inoffensive man, not that he is less wicked. If anything 
 had happened to me, he was chargeable with murder and 
 the heaviest penalties of the law. Remember, the father 
 of the priestess of Brauron, who was admitted not to have 
 touched the deceased, because he instigated the person who 
 did strike, was sentenced to exile by the Council of Areopagus. 
 And justly. For if standers-by, instead of restraining, are 
 to encourage those whom wine, anger, or any other cause 
 impels to break the law, there is no chance of escape for a 
 man who falls into the hands of ruffians : he must be beaten, 
 until they are tired ; as was my case. 
 
 I will now tell you what they did at the arbitration ; by 
 which you will see the grossness of their conduct. They 
 spun out the time till past midnight, not choosing to read 
 the depositions, or to give copies ; taking every one of my 
 witnesses to the altar, and swearing them ; and writing depo- 
 
176 THE ORATIONS OF DEMOSTHENES. 
 
 sitions which had nothing to do with the question ; or in- 
 stance, " that this was a child of his by a mistress, and that 
 he had been served in such and such a manner." Upon my 
 word, men of Athens, every one present expressed his disgust 
 at their behaviour; and at last they were disgusted with 
 themselves. However, when they had had their fill and were 
 tired of all this, they put in a challenge, (to trick us, and 
 prevent the box being sealed,) tendering slaves, whose names 
 they wrote down, to be examined as to the blows. And I 
 believe most of their defence will turn upon this point. 
 Now I beg you to consider, that, if these men gave the chal- 
 lenge for the purpose of having the inquiry by torture, and 
 if they relied upon this method of proof, they would not 
 have given it when the award was on the point of being pro- 
 nounced, at night time, and when no further pretext was left 
 them ; but in the first instance, before the action was brought, 
 when I was lying dangerously ill, and telling everybody that 
 came to see me, who it was that gave the first blow and did 
 me the greatest injury I say he would have come then 
 directly to my house, and brought a number of witnesses ; 
 he would have offered to deliver up his servants, and invited 
 some of the Areopagic Council to attend ; for, if I had died, 
 the matter would have come before them. Or, if he was not 
 aware of the circumstances, and having this proof, as he will 
 now say, took no precaution against the danger ; at all events, 
 after I had recovered and summoned him, he would have 
 tendered his slaves at the first meeting before the arbitrator. 
 But he did no such thing. To prove that the challenge, as I 
 say, was a trick, read this deposition : 
 
 [The deposition.] 
 
 Eespecting the torture, then, bear in mind the time when 
 he proposed it ; his evasive purpose in doing so ; the first 
 occasions, on which it appears he had no desire for such a 
 test, and made no proposal or request for it. Being con- 
 victed in every point before the arbitrator, as he now is before 
 you, and shown to be guilty of all the charges made against 
 him, he puts in a false deposition, headed with names which 
 (I think) you will know, when you hear them " Diotimus 
 son of Diotimus of Icaria, Archebiades son of Demoteles of 
 Aleea, Chseretimus son of Charimenes of Pitthus, testify, that 
 
AGAINST CONON. 177 
 
 they were returning from a dinner with Conon, and found 
 Ariston and the son of Conon fighting in the market-place, 
 and that Conon did not strike Ariston" as if you would 
 believe them at once, and not consider the real state of the 
 cas e first, that Lysistratus, Paseas, Niceratus, and Diodorus, 
 who have expressly declared they saw me beaten by Conon 
 and stripped of my coat and otherwise brutally treated, and 
 who were unknown to me, and accidentally witnessed the 
 affray, would none of them have given false evidence, had 
 they not seen the treatment I received j secondly, that I 
 myself, if the defendant was innocent, should not have let off 
 men who are confessed by my opponents themselves to have 
 struck me, and selected one to proceed against, who never 
 touched me at all. Why should I ? For what object 1 No. 
 The man who struck me first and most spitefully used me, 
 he it is whom I sue, and whom I soek to be avenged upon 
 and bring to justice. Such is my case, a true and straight- 
 forward one. The defendant, without these witnesses, had 
 not a word to say, but must have given up the cause ; and 
 they, his boon-companions and comrades in mischief, have, 
 as might have been expected, given false testimony. If 
 things are to go on so, and, the moment you find men 
 shameless enough to give manifestly false evidence, truth is 
 to be of no kind of use, it will be a terrible affair. Perhaps 
 they will say this is not their character. I think however, 
 that many of you know Diotimus and Archebiades, and 
 Chseretimus the grey-headed man, who in the day time have 
 a frown on their brows, and pretend to laconize, and wear 
 coarse mantles and single-soled shoes, but, when they meet 
 by themselves, stick at no kind of wickedness and turpitude. 
 These are their fine and spirited sayings " Shan't we bear 
 witness for one another? Doesn't it become friends and 
 comrades? What will he bring against you that you're 
 afraid of? Some men say they saw him beaten ? We'll say 
 you never touched him. Stripped of his coat ? We'll say, 
 they began. His lip was sewed up ? We'll say your head 
 or something else was broken." Remember, men of Athens, 
 I produce medical witnesses ; they do not ; for they can 
 get no evidence against me, 'but what is furnished by them- 
 selves. Heaven knows, they are ready enough themselves 
 for anything. To show you the sort of things they go 
 VOL. T. if 
 
178 THE ORATIONS OF DEMOSTHENES. 
 
 about doing read these depositions; and you, stop the 
 water. 
 
 [The depositions^ 
 
 Men who break into houses and strike people that come in 
 their way do you suppose they would scruple to bear false 
 witness on a slip of paper for one another ? these men who 
 are so closely leagued together in malignity and villany and 
 recklessness and brutality ? for I think all these terms apply 
 to their acts. Indeed they have committed graver offences 
 than what you have heard : but it would be impossible for 
 me to find out all the sufferers. 
 
 The most impudent thing, which I hear they intend to do, 
 I think it better to warn you of. They say he will have his 
 sons before him and swear by them, imprecating some horrible 
 curses, which a person, who heard them with astonishment, 
 reported to me. Keally, men of Athens, such audacity is 
 intolerable : for, I take it, the most honourable men, who 
 would be shocked at telling a falsehood themselves, are most 
 easily taken in by such people ; though indeed they ought 
 not to believe them, without looking to their lives and cha- 
 racter. But how reckless in these matters the defendant is, 
 I must inform you ; for I have been forced to make inquiry. 
 I am told, men of Athens, that a certain Bacchius, whom 
 you condemned to death, and Aristocrates, who has the sore 
 eyes, and some other persons of the same stamp, were intimate 
 with Conon in their younger days, and got the name of 
 Triballi ; and these persons used to devour the feast of 
 Hecate, 1 and to gather up for their dinner the testicles of 
 the pigs, which are used for purification on entering the 
 assembly, and they thought nothing of taking oaths and com- 
 mitting perjury. Surely Conon, a person of this description, 
 is not to be believed on his oath. Such a thing is out of the 
 question. A man who is reluctant to swear even to the 
 truth, and would never dream of swearing by his children, 
 contrary to the usages of our country, but would suffer any- 
 thing first, although he is ready in a case of necessity to 
 swear as the law directs, is more trustworthy than a man 
 
 1 " Nemo honestus et paulo religiosior ejusmodi dapes attingebat, 
 quippe quse piaculares essent, sed solummodo aut pauperes eas tollebant,. 
 aut Cynici, aut nemo." Keiske. 
 
AGAINST CONON. 1 
 
 who swears by his children and before the burning altar. I, 
 who am on every account more worthy to be believed than 
 you, Conon, offered to take this l oath ; not that I might 
 escape the punishment due to my offence, not because I am 
 ready (like you) to do anything, but for the sake of truth, 
 and to avoid a further outrage, and in the spirit of a man 
 who would not accomplish his objects by perjury. Read the 
 challenge. 
 
 [The challenge.] 
 
 Such an oath was I then willing to take ; and now, men of 
 Athens, to satisfy you and the bystanders, I swear by all the 
 gods and goddesses, that Conon has really done me the 
 wrong for which I sue him, that he gave me blows, that my 
 lip was cut open, and that I was compelled to have it sewed 
 up, and that I am prosecuting this action for the outrage 
 which I have suffered. As I swear truly, so may I prosper, 
 and never thus be injured again; if I am forsworn, may I 
 utterly perish, I and all I possess or ever may possess ! But 
 I am not forsworn ; though Conon should burst with calumny. 
 I pray you then, O Athenians, as I have shown you all the 
 grounds on which my case rests, and confirmed them by a 
 solemn oath I pray you to feel on my behalf the same 
 resentment against Conon, as any one of you would have felt 
 in his own case. De not suppose you are unconcerned in an 
 injury, which might be done to any other man ; but, who- 
 soever be the sufferer, assist him, and give him redress ; and 
 look with abhorrence on these persons, who are bold and reck- 
 less before the commission of offences, and, when they are called 
 to account, impudent and profligate, and who care not for 
 character, appearance, or anything else, if they can only 
 escape punishment. Conon will supplicate and weep. But 
 consider, which is the more to be pitied ; a party who has 
 suffered what I have from this man, if I leave court with dis- 
 grace and without redress ; or Conon, if he is punished 1 Is 
 it for your advantage to license battery and outrage, or is it 
 
 1 I.e. the oath which he now puts in evidence; the substance of 
 which is contained in the challenge read to the jury. To prevent the 
 defendant gaining any advantage by his own challenge, the plaintiff 
 shows, that he had given a similar challenge to the defendant, and that 
 it was refused. See vol. iii. page 383. 
 
 N2 
 
180 THE ORATIONS OF DEMOSTHENES. 
 
 not ? I should think, not. Then remember, if you let him 
 off. there will be many like him ; if you punish him, fewer. 
 
 I might say a good deal, men of Athens, about the services 
 which I have rendered, and which my father rendered during 
 his lifetime in the trierarchy, in the army, and the per- 
 formance of other state duties ; and I could show that the 
 defendant and his sons have rendered no such service. But 
 my allowance of water is not sufficient, nor are these the 
 questions now. For granting that we were indisputably 
 more base and worthless even than our opponents, surely we 
 are not to be beaten or insulted. 
 
 I am not aware that I need say anything more, as you 
 seem fully to understand the case. 
 
 THE ORATION AGAINST CALLICLES. 
 
 THE ARGUMENT. 
 
 THE plaintiff Callicles and the defendant were neighbouring farmers in 
 a mountainous part of Attica. Their grounds were separated by a 
 public road. Callicles brings this action for a nuisance committed by 
 the defendant by the stoppage of a watercourse, which used (as he 
 alleges) to carry the mountain drainage through the defendant's 
 land ; but, having been dammed up and diverted into the road by 
 the defendant, had overflowed his (the plaintiff's) land. The de- 
 fendant, who addresses the court in the following speech, contends, 
 that the natural bed of the stream was in the road, and not upon his 
 land ; and that the wall or embankment which Callicles complained 
 of was lawfully erected on his own boundary to protect it from in- 
 undation. In proof of this he shows that his father had put up the 
 inclosure fifteen years before his death, and neither the father of 
 Callicles, nor Callicles himself, nor any of the neighbours, had 
 attempted to interrupt him, or made any objection or complaint, 
 either during his father's lifetime, or afterwards until the bringing 
 of the present action. An inspection of the locality would show that 
 the inclosed land was not a watercourse; for it was planted with 
 vines, figs, and other fruit-trees; and it contained also a family 
 burial-ground. The stream did not come to the defendant from a 
 neighbour's land, nor did it pass from him to a neighbour's land ; it 
 flowed down the road both above and below him ; therefore it was 
 absurd to contend that it ought to be diverted from the road between 
 those points. If the defendant, at the instance of Callicles, siiffered 
 the stream to pass over his ground, he would be obliged to divert it 
 into the road again, or else the neighbour below would have a right 
 of action against him. Every adjacent land-owner had a right to 
 
AGAINST CALLICLES. 181 
 
 protect himself against the flood by a wall or embankment. Callicles 
 himself had exercised this right ; only he had exceeded his lawful 
 powers by encroaching on the road. The flood complained of by Cal- 
 licles was a misfortune, by which others had suffered as well as he, but 
 no one else had thought of going to law about it. The actual damage 
 sustained by Callicles was very slight ; his real object in bringing this 
 vexatious action was to drive the defendant out of the neighbour- 
 hood, and get possession of his land, which he had been for some time 
 plotting to do. 
 
 MEN of Athens, there is (I am sure) no greater nuisance 
 than a bad and covetous neighbour ; which it has been my 
 lot to meet with. For Callicles, having set his heart upon 
 my land, has worried me with litigation. First he got his 
 cousin to claim it from me ; but I proved that claim to be 
 false, and defeated their attempt ; then he procured two 
 awards against me for non-appearance, one in an action 
 at his own suit for a thousand drachms, the other in an 
 action brought at his instigation by Callicrates, his brother, 
 who is here in court. I beseech you all to hear me with 
 attention, not because I am any speaker, but that you may 
 learn by the facts, how groundless the action is. 
 
 One fact alone, men of Athens, is an answer to all they 
 say. My father built the wall round this land, almost before 
 I was born, in the lifetime of Callippides, their father, and 
 then his neighbour, (who surely knew the circumstances better 
 than, they do,) and when Callicles was grown up and living 
 at Athens. In all these years no one ever came to complain 
 or object ; though of course it rained then as often as it does 
 now. No one made any opposition at the time, on the pre- 
 tence that he was injured by my father's fencing his own land ; 
 no one even warned him not to build, or protested against it, 
 although my father survived more than fifteen years, and Cal- 
 lippides, their father, as many. Surely, Callicles, when you 
 saw the watercourse stopped, you might have gone and com- 
 plained to my father directly, and said, "Tisias, what are 
 you about ? Stopping the watercourse ? Our land will 
 be flooded." Then, if he had desisted, there would have 
 been nothing unpleasant between you ; had he disregarded 
 your remonstrance, and any mischief happened, those who 
 were present at the interview would have been your wit- 
 nesses. And you ought further to have satisfied all men of 
 the existence of a watercourse, that you might have proved 
 
182 THE ORATIONS OF DEMOSTHENES. 
 
 my father to be a wrongdoer, not merely called him one, as 
 you do now. But such a thing was never thought of. If it 
 had been, you would not have got an award for non-appear- 
 ance, as you have against me, nor have gained anything by 
 your sharp practice ; for if you had brought a witness then, 
 and appealed to his testimony, he would now have proved 
 from his own knowledge all the circumstances of the case, 
 and confuted these ready witnesses of yours. But I suppose, 
 you despised a young and inexperienced person like me. 
 Fortunately, men of Athens, their own acts are the strongest 
 evidence against them ; for how comes it, they none of them 
 ever protested or complained, or made the slightest objection, 
 but submitted contentedly to the injury ? 
 
 I think I have completely answered their case already; 
 but I will go to the other points, and show you, men of 
 Athens, still more clearly, that my father had a right to 
 inclose the land, and these men's statements are false. 
 
 The land is admitted by the plaintiff to be ours ; and this 
 being so, if you could see the place, men of Athens, you 
 would know at once there is no ground for this action. I 
 wished, on this account, to refer the case to impartial men 
 who knew the premises ; but my opponents were unwilling, 
 though now they say otherwise. I will make it clear to you 
 in a moment ; but pray, men of Athens, attend. 
 
 Between their land and mine is a road. A mountain 
 surrounds both, from which streams of water run down 
 partly into the road, partly on the lands. And the water 
 falling into the road sometimes, where it finds a clear pas- 
 sage, is carried straight down the road, but, where it meets 
 with any impediment, it then of necessity overflows upon the 
 lands. It so happened, men of the jury, that the land in 
 question was inundated after a flood. My father was not 
 then the owner, but a town-bred man, who disliked the 
 place. By his neglect, the water overflowed several times, 
 damaged the land, and was making further inroad. My 
 father, (as I learn from good authority,) seeing this, and also 
 that the neighbours encroached and walked over his grounds, 
 built this wall on the border. I have witnesses who speak 
 to this of their own knowledge, and circumstantial evidence 
 stronger than any testimony. Callicles says, I injure him by 
 obstructing the watercourse ; but I will show that it is private 
 
AGAINST CALLICLES. 183 
 
 ground, and not a watercourse. If it were not admitted to 
 be our property, perhaps we might have been trespassers by 
 building on a public highway ; but this they don't dispute ; 
 and there are trees planted on the ground, vines and figs. 
 Who would plant them in a watercourse ? No one. Or who 
 would bury his ancestors there ? No one, I guess. Yet both 
 these things have been done, men of the jury. The trees 
 were planted before my father built the wall ; and the tombs 
 are old, and made before we had the property. This being 
 so, vrhat stronger argument can there be, men of Athens ? 
 The iacts are convincing. Take all the depositions, and 
 read them. 
 
 [Depositions.] 
 
 Men of Athens, you hear the depositions. Do they not 
 expressly say, that the ground is full of trees, and has some 
 tombs, ani other things commonly found on private grounds ; 
 and also that it was inclosed in the lifetime of their father, 
 without any opposition from them or the other neighbours ? 
 
 We must look, men of the jury, into the other statements 
 of Callicles. And first consider, whether you ever saw or 
 heard of a vatercourse by the side of a road= I believe, in 
 the whole country there is none. For why should a man 
 make a drain through his own land for water, that would 
 pass through the public road ? Which of you, I ask, in town 
 or country, would receive water that passes through the 
 highway into his own house or farm ? On the contrary, do 
 you not, when it forces its way, dam or fence it off 1 ? Yet 
 the plaintiff requires me to receive the water out of the road 
 upon my own land, and then, when it has passed beyond his, 
 to turn it back into the road. But, if so, the next adjoining 
 landowner complains ; and of course with the same right as 
 the plaintiff. Again, if I am afraid of diverting the water 
 into the road, I should hardly venture to turn it into a 
 neighbour's land. For, when I am sued for a fixed penalty, 
 because it overflowed the plaintiff's land from the road, what 
 must I expect from those persons, who suffer by an inunda- 
 tion from my grounds 1 Then if, having received the water, 
 I may not drain it off either into the road, or into private 
 ground, what, in heaven's name, am I to do, men of the jury 1 
 Surely Callicles won't force me to drink it up. 
 
184 THE ORATIONS OF DEMOSTHENES. 
 
 For these and other annoyances which they have inflicted 
 on me, instead of receiving, I must be content with not 
 giving, satisfaction. I allow, men of the jury, if there had 
 been a watercourse immediately beyond me, I might have 
 been wrong in stopping the water. There are on some estates 
 acknowledged watercourses, which (like the gutter-drains 
 from houses) the first landowners receive, then pass to the 
 next, and so on. But this no one either transmits, or re- 
 ceives from me. How then can it be a watercourse ? Many 
 persons ere now, I take it, have (for want of care) suffered by 
 an inundation ; and so has the plaintiff. But the worse of it 
 is ; he, when his land is overflowed, brings up huge stones 
 and makes a dam ; yet, because the same accident happened 
 to my father's land and he inclosed it, it is a grievance, and 
 Callicles brings an action against me. I can only say, if all 
 persons who are injured by the flowing of water in that 
 country are to sue me, I must have an immense increase of 
 fortune to bear it. But these men are very different from 
 the rest. These men have sustained no damage, as I will 
 presently show you, while many of the others have been 
 greatly injured ; and yet these alone have ventured to sue 
 me. They had indeed less cause than any; /or whatever 
 they have suffered has been through their own fault, although 
 they shift the blame vexatiously on me ; while the rest, 
 however negligent they may have been, are at all events 
 chargeable with nothing of this kind. But, that I may not 
 crowd too many things together, take the depositions of the 
 neighbours. 
 
 [Depositions.] 
 
 Is it not shameful, men of the jury, that, while no com- 
 plaint is made by these persons, who have been so much 
 injured, or by any of the other sufferers, but they all submit 
 to misfortune, the plaintiff gets up a vexatious action against 
 me? That he has himself committed an offence, first, in 
 narrowing the road, by bringing his wall beyond the 
 boundary, in order to get his trees within the road and 
 secondly, in throwing rubbish into it, by which it has been 
 both narrowed and raised I will presently prove by wit- 
 nesses. But I wish now to show you, that, though he sues 
 me for so high a penalty, he has sustained no loss or damage 
 worth mentioning. 
 
AGAINST CALLICLES. 185 
 
 Before these malicious proceedings, their mother and mine 
 were acquainted, and visited each other, as you might expect 
 they would, being country neighbours, and their husbands 
 being acquainted when alive. My mother having called upon 
 theirs, she told her the distress she was in, and showed what 
 had happened. Thus I learned the story. And I will tell 
 you what my mother said, men of the jury : so may I pros- 
 per, as I speak the truth. She told me what she saw and 
 heard from their mother ; that some barley got wet, about 
 four bushels, which she saw being dried ; and less than a 
 bushel of barley-meal ; and a jar of oil, she said, had fallen 
 down, but was not at all damaged. Such, men of the jury, 
 is this accident, for which I am sued for a fixed penalty of a 
 thousand drachms. They can hardly charge me with the 
 building up of an old wall, which neither fell down nor was 
 injured. Admitting therefore that I was the cause of the 
 whole misfortune, these are the things that got wet ! How- 
 ever, as my father had a right to inclose his land, and these 
 men for so long a time never complained, and others, who 
 have been great sufferers, lay no blame on me, and it is the 
 common practice with you all, to drain water from your 
 houses and grounds into the road, not to take it in from the 
 road; what need of further argument? These facts show 
 that the charge against me is groundless, and they are not 
 damaged as they allege. To prove that they threw the 
 rubbish into the road, and narrowed it by advancing their 
 wall, and also that I tendered an oath to their mother, and 
 challenged them to let mine swear the same ; take the depo- 
 sitions and the challenge. 
 
 [The depositions. The challenge.'] 
 
 Can you conceive a more impudent set of pettifoggers? 
 Having pushed forward their own wall, and raised the road, 
 they sue other persons, and for a penalty of a thousand 
 drachms, when their loss amounts not to fifty ! Consider, 
 men of the jury, how many persons in the country have suf- 
 fered by floods, at Eleusis and elsewhere. Heaven and earth ! 
 They never dream of recovering the damage from their neigh- 
 bours. And I, who have cause to complain of the road being 
 narrowed and raised, remain quiet; but these men, you see, 
 are so audacious as to harass with law the persons they have 
 
186 THE ORATIONS OP DEMOSTHENES. 
 
 injured. Surely, Callicles, if you may inclose your land, we 
 may ours. If my father by inclosing injured you, you like- 
 wise injure me by inclosing now. For it is clear that, if the 
 water be obstructed by large stones, it will corne back to my 
 land, and may by a sudden inroad throw down the wall. 
 However, I blame not the plaintiff for that, but submit to the 
 misfortune, and shall endeavour to protect my own property. 
 I think that he acts prudently in fencing his ground ; but, in 
 going to law with me, I hold him to be thoroughly wicked 
 and infatuated. 
 
 Be not surprised, men of the jury, at the eagerness of the 
 plaintiff, or his daring to bring a false charge now. For 
 before, when he persuaded his cousin to claim my land, he 
 produced a forged agreement. And now he has himself ob- 
 tained an award against me for non-appearance in another 
 similar action, in which he made Callarus, one of my slaves, 
 defendant. For, among other tricks, they have hit upon this 
 device : they bring the same action against Callarus. Now 
 what servant would inclose his master's laud without orders ? 
 Having no other charge against Callarus, they sue him on 
 account of the wall, which my father built above fifteen years 
 before his death. And, if I will let them have my land by 
 purchase or exchange, Callarus does no wrong ; but if I don't 
 choose to part with my own, Callarus has deeply injured 
 them, and they look out for an arbitrator to adjudge the 
 estate to them, or some compromise by which they may 
 obtain it. Men of the jury, if designing knaves and petti- 
 foggers are to have their way, I might as well have held my 
 tongue; but if you detest people of that sort, and decide 
 according to justice, then, as Callicles has suffered no loss or 
 injury, either from Callarus or my father, I have said enough 
 already. To prove to you, that he got his cousin to aid him 
 in his design against my estate, and has now himself procured 
 an award in this other action against Callarus, to spite me 
 because I set a value upon the man, and has brought a 
 second action also against Callarus j the clerk shall read the 
 depositions. 
 
 [Depositions.] 
 
 I implore you, men of the jury, do not leave me to the 
 mercy of these persons, when I have done no wrong. I care 
 
AGAINST DIONYSODORUS. 187 
 
 not so much for the penalty, hard as that is on a man of 
 small fortune ; but they are driving me altogether out of the 
 township by their calumny and persecution. To prove that 
 I had done no wrong, I was willing to refer the matter to fair 
 and impartial men, who knew the circumstances ; and also to 
 swear the customary oath ; for that, I thought, would be most 
 convincing to you, who are yourselves upon oath. Please to 
 take the challenge and the remaining depositions. 
 
 \TJie challenge. The depositions.] 
 
 THE ORATION AGAINST DIONYSODOKUS. 
 
 THE ARGUMENT. 
 
 DARIUS and Pamphilus lent 3,000 drachms to Parmeniscus and Diony- 
 sodorus on a ship, which was to sail from Athens to Egypt and bring 
 home a cargo of corn. Upon its safe arrival in the port of Piraeus 
 the principal and interest were to be repaid. There was an express 
 stipulation, that the vessel was not to discharge her cargo at any in- 
 termediate port, which indeed was contrary to the Athenian law; 
 and for a breach of the agreement the borrowers bound themselves 
 to pay a penalty of double the amount. 
 
 Parmeniscus went out with the ship to Egypt, purchased corn, and 
 brought it on his way home as far as Rhodes ; but there receiving a 
 message from his partner, that ths price of corn at Athens had fallen, 
 owing to a large importation from Sicily, he sold his cargo in Rhodes, 
 and continued for two years to carry on trade, going from Rhodes to 
 Egypt and back, but never coming to Athens pursuant to his agree- 
 ment with Darius and Pamphilus. Darius then applies to Dionyso- 
 dorus, who had remained at Athens, reminds him of his liability, and 
 demands payment of what was due under the agreement. Dionyso- 
 dorus offers to pay the principal with interest calculated as far as 
 Rhodes, alleging that the ship had been too much damaged on her 
 voyage to proceed to Athens, that the other creditors had been con- 
 tented to take interest to Rhodes only, and that by the terms of their 
 contract the lenders were not entitled to recover anything unless the 
 vessel came safe to the port of Piraeus. To this Darius replied, that 
 he had nothing to do with any arrangement entered into with other 
 creditors; that it was manifest the ship had suffered no serious 
 damage, or she would not have been employed again in trading 
 between Rhodes and Egypt; and, with respect to the clause ex- 
 onerating the borrowers in case the ship did not come safe to Piraeus, 
 that only applied in the event of a total loss, and not to a failure to 
 return by the fraud or neglect of the borrower himself. If the ship 
 
188 THE ORATIONS OF DEMOSTHENES. 
 
 were really lost, what dicl they mean by offering interest as far as 
 Khodes ? They were liable to pay the whole or nothing. 
 These arguments did not convince Dionysodorus, or at least did not 
 induce him to change his mind. A proposal was made by Darius to 
 refer the dispute to the arbitration of commercial men; but, this 
 being rejected, the present action was brought to enforce the per- 
 formance of the contract. Darius, whose name appears only from 
 the argument of Libanius, addresses the court in the following speech 
 written for him by Demosthenes ; and at the close of it calls upon 
 Demosthenes himself to come forward as his advocate ; a thing which 
 was not so usual in private causes. 
 
 I AM a partner in this loan, men of the jury. We who have 
 engaged in maritime trade, and put our money in the hands 
 of other people, know very well, that the borrower has the 
 advantage over us in every respect. He receives our hard 
 cash without any mistake, and leaves us a bit of writing and 
 a small scrap of paper that cost two farthings, containing his 
 covenant to do what is right. We do not promise to advance 
 our money, but advance it to the borrower immediately. On 
 what then do we rely, and what security do we get when we 
 part with our money 1 We rely on you, men of the jury, and 
 on your laws, which declare that whatever agreement a man 
 enters into voluntarily with another shall be valid. It seems 
 to me however, that neither laws nor agreements are of any 
 use, if 'a person who receives money is not honest in his prin- 
 ciples, and does not either fear you or respect the rights of the 
 lender. Dionysodorus the defendant does neither of these, 
 but'iias arrived at such a pitch of audacity, that after bor- 
 rowing three thousand drachms from us upon his ship, on the 
 condition that his ship should return to Athens, and when we 
 ought to have got back our money in the season of last year, 
 he earned his ship to Rhodes, unladed his cargo there and 
 sold it in violation of the agreement and of your laws ; from 
 Rhodes again he despatched the ship to Egypt, and from 
 thence to Rhodes, and even to this day he has never paid us 
 who lent him our money at Athens, or produced to us our 
 security ; he has now for two years been making use of our 
 funds, keeping the loan and the trade and the ship that was 
 mortgaged to us, and notwithstanding this he has come into 
 court, with the intention, I presume, of mulcting us with the 
 sixth part of the damages, and putting us in the lodging, 
 besides cheating us out of our money. I therefore, men of 
 
AGAINST DIONYSODORUS. 189 
 
 Athens, beseech and implore you all to give me redress, if 
 you think I have been wronged. Let me first explain to you 
 how the loan was contracted : that will best enable you to 
 follow the case. 
 
 This Dionysodorus, men of Athens, and his partner Par- 
 meniscus came to us last year in the month of Metageitnion, 
 and said they wanted to borrow money on their ship, on the 
 terms that she should sail to Egypt and from Egypt to 
 Rhodes or Athens, and they engaged to pay interest to either 
 of those ports, as the case might be. We replied, men of the 
 jury, that we would not lend to any other port than to Athens, 
 and so they agree to return here, and these terms being ar- 
 ranged, they borrow three thousand drachms from us upon 
 the ship, on the voyage out and home, and entered into a 
 written agreement to that effect. In the agreement Pam- 
 philus, who is here in court, was set down as the lender : I 
 however, though not named, lent the money jointly with 
 him. And first he shall read you the agreement. 
 
 [TJie agreement.] 
 
 In pursuance of this agreement, men of the jury, Diony- 
 sodorus the defendant and his partner Parmeniscus sent off 
 the ship from Athens to Egypt. And Parmeniscus sailed 
 with the ship ; Dionysodorus stayed at Athens. For you 
 must know, men of the jury, these men were agents and con- 
 federates of Cleomenes, the governor of Egypt, who, from the 
 time that he received the government, has done immense 
 mischief to your state, and still more to the rest of the 
 Greeks, by buying up corn for resale and keeping it at his 
 own price ; 1 and these men have been acting in league with 
 him. It was done in this way. Some of them shipped off 
 cargoes from Egypt, while others went out in the trading 
 vessels, and others stayed at Athens and disposed of the 
 consignments. Then those who stayed here sent letters to 
 those abroad advising them of the state of the market, so 
 that, if corn were dear with you, they might bring it here ; if 
 it became cheaper, they might sail to some other port. It 
 was chiefly owing to such letters and confederacies, men of 
 the jury, that the price of corn was raised. Well ; when 
 
 1 Pabst " er Getreide zum Wucher aufkaufte, und wieder verkaufte, 
 und so den Preis desselben willkuhrlich bestimmte." 
 
190 THE ORATIONS OP DEMOSTHENES. 
 
 these men sent off this ship from Athens, they left the price 
 of corn pretty high ; and therefore they submitted to the 
 clause in the agreement, binding them to sail to Athens and 
 to no other port. Afterwards however, men of the jury, 
 when the Sicilian vessels had arrived, and the prices of corn 
 were falling, and their ship had got to Egypt, the defendant 
 instantly despatches a person to Rhodes to inform his partner 
 Parrneniscus of the state of things here, knowing perfectly 
 well that his ship would be obliged to touch at Rhodes. The, 
 result was that Parmeniscus, the defendant's partner, having 
 received his letter of advice, and learned the state of the 
 corn-market at Athens, unships his corn at Rhodes and 
 sells it there ; and thus, men of the jury, they acted in de- 
 fiance of the agreement, and of the penalty to which they 
 had bound themselves in case of any breach of the agree- 
 ment, and in defiance also of your laws, which require ship- 
 owners and merchants to sail to the port which they have 
 agreed to, and subject them, in default of their so doing, to 
 the severest punishments. 
 
 As soon as we were informed of what had taken place, we 
 were not a little amazed ; we went to this man, who was the 
 architect of the whole plot, and signified (as was natural) our 
 displeasure at his conduct, complaining that, when we had 
 expressly provided in the agreement that the ship should sail 
 to no port but Athens, and we had lent our money upon such 
 condition, he had exposed us to suspicion with persons who 
 might choose to accuse us and say that we had been parties 
 to the importation of corn to Rhodes, and complaining also 
 that he and his partner, in spite of their agreement, had not 
 brought their ship home to your port. Finding that we 
 gained nothing by talking to him about the agreement and 
 our rights, we desired him at all events to pay us our prin- 
 cipal with the interest originally promised. The defendant 
 treated us with the utmost insolence : he said he would not 
 pay the interest reserved in the agreement ; " but " said he 
 " if you are willing to be paid in proportion to the voyage 
 performed, I will give you" says he "the interest to 
 Rhodes ; but I cannot give any more." Thus did he make 
 law for himself, instead of complying with the terms of the 
 agreement. We refused to accept his proposal, considering 
 that, if we did so, it would be an admission that we had been 
 
AGAINST DIONYSODOEUS. 191 
 
 concerned in the importation of com to Rhodes. Upon this 
 he became still more pressing, and he came to us with a 
 number of witnesses, and said that he was ready to pay us 
 the principal money and the interest as far as Rhodes ; not 
 that he meant to pay us any the more for that, men of the 
 jury, but thinking that we should be unwilling to receive the 
 money on account of the suspicion which it would give rise 
 to. 1 This appeared from the result. Some of your fellow- 
 citizens, men of Athens, who were accidentally present, 
 advised us to accept what was offered, and go to law for 
 what was in dispute, but not to acknowledge the taking of 
 interest to Rhodes, until after the case had been tried. We 
 assented to this suggestion, not that we were ignorant, men 
 of the jury, of our rights under the agreement, but because 
 we deemed it better to lose something and make a concession, 
 so as not to appear litigious. When the defendant however saw 
 that we were closing with his offer " Cancel 2 the agreement 
 then " says he. " We cancel the agreement ! Nothing of 
 the kind. Whatever money you pay, we will consent in the 
 banker's presence to annul the agreement as to that ; but we 
 will not cancel it altogether, until we have tried the question 
 in dispute. For what ground shall we have to rely upon in 
 a contest at law, whether we are to go before an arbitrator 
 or a jury, if we cancel the agreement, which furnishes the 
 means for recovering our rights'?" To this effect we spoke, 
 men of the jury; we pressed upon Dionysodorus, that he 
 should not seek to annul or disturb the agreement, which 
 both he and his partner admitted to be valid, but should pay 
 us so much of the money as he admitted to be due, and leave 
 the disputed claim, the amount of which was certain, to be 
 decided by one or more commercial men, as he liked best. 
 To nothing of the kind would Dionysodorus hearken ; but, 
 because we did not choose to cancel the agreement altogether 
 and take what he required us, he has been for two years re- 
 taining and making use of our capital ; and what is the most 
 shameful thing of all, men of the jury, he himself gets 
 
 1 Pabst " wegen der angegebenen Griinde." 
 
 2 Literally " take up : " i. e. out of the hands of the depositary, who 
 held it for both parties so long as it remained in force. The " taking 
 up " would be equivalent to a cancelling or acknowledgment of satis- 
 faction with us. 
 
192 THE ORATIONS OF DEMOSTHENES. 
 
 maritime interest from other people out of our money, which 
 he lends not at Athens or to Athens, but to Rhodes and 
 Egypt, while to us, who lent money to your port, he refuses 
 to pay anything that is due. 
 
 To prove the truth of my statements, he shall read you 
 the challenge which I gave him in this matter. 
 
 [The challenge.] 
 
 We gave this challenge, men of the j ury, to Dionysodorus 
 repeatedly, and exposed the challenge to view for many days. 
 He said we must be downright simpletons if we supposed him 
 to be so thoughtless as to go before an arbritator, who (it was 
 evident) would condemn him to pay the debt, when he might 
 go into court with the money in his purse, and, if he was able 
 to humbug the jurors, he might go away with another per- 
 son's money, if not, he would pay it then instead of paying it 
 sooner. He talked in this style like a person who had no 
 reliance upon justice, but wished to try what sort of people 
 you were. 
 
 You have heard, men of the jury, what Dionysodorus has 
 done. During the recital of these facts you must have been 
 wondering, I take it, at his audacity, and what he could pos- 
 sibly have relied upon in coming to court. Audacity it is 
 indeed, when a man, having borrowed money from the port 
 of Athens, and having made an express agreement that his 
 ship shall return to your port, or else that he will pay double 
 the amount, neither has brought his ship home to the Pirseus, 
 nor pays the lenders their money ; and when he has landed 
 his cargo at Rhodes and sold it there, and notwithstanding 
 all these acts he dares to look you in the face ! Now hear 
 what he has to say to this. He says that his ship was dis- 
 abled on her voyage from Egypt, and that he was therefore 
 compelled both to touch at Rhodes and to unlade his corn 
 there. And for proof he alleges, that he chartered vessels 
 from Rhodes and shipped off some of his goods to Athens. 
 That is one part of his defence. Another is this He says 
 that certain other creditors have consented at his request to 
 take interest as far as Rhodes, and it would be hard if we did 
 not consent to the same terms as they did. Thirdly again 
 he says, that the agreement binds him to pay the money if 
 the ship arrives safe, and that the ship has not arrived safe in 
 
AGAINST DIONYSODORUS. 193 
 
 Pirseus. To each of these pleas, men of the jury, hear my 
 just reply. 
 
 In the first place, -when he says that the ship was disabled, 
 ! I think his falsehood is apparent to you all. For, if the ship 
 had really sustained this disaster, it would neither have got 
 safe to Rhodes nor have been fit for sea afterwards. She 
 appears however to have got safe to Khodes, and again to 
 have been despatched from Rhodes to Egypt, and at this very 
 time she is sailing everywhere except to Athens. Is it not 
 monstrous that, when he has to bring the ship home to the 
 Athenian port, he says she was disabled, but, when he wants 
 to unlade his corn at Rhodes, then the same ship appears to 
 be seaworthy ? 
 
 "Why then" he asks "did I hire other vessels and 
 tranship my cargo and send it off to Athens'?" Because, 
 Athenians, the defendant and his partner were not owners 
 of the whole cargo, but the merchants who went out were 
 obliged, I presume, to send their goods to Athens in other 
 vessels, when these men put an end to the voyage before the 
 ship had reached her destination. Of those goods however 
 which belonged to themselves they did not ship the whole to 
 Athens, but selected such as had risen in price. For, when you 
 hired other vessels as you say, why, instead of transhipping the 
 whole cargo, did you leave the corn in Rhodes ? They did 
 so, men of the jury, because it was for their advantage to sell 
 the corn in Rhodes ; for they heard that the price of corn 
 had fallen here ; but they shipped off to you the other goods, 
 from which they expected to get a profit. Therefore, Diony- 
 sodorus, when you talk of the hiring of the vessels, you give 
 no proof of your ship having been disabled, but only that it 
 was to your own advantage. 
 
 Upon these points I have said enough. With respect to 
 the creditors who, they say, have consented to receive from 
 them the interest to Rhodes, we have nothing to do with 
 that. If any man has forgiven you any part of a debt, he 
 that you have made terms with has sustained no wrong. We 
 however have not remitted anything to you, nor consented to 
 your touching at Rhodes. We consider the agreement to be 
 in force, anything to the contrary notwithstanding. What 
 says the agreement, and where does it require you to sail ? 
 From Athens to Egypt and from Egypt to Athens ; in de- 
 
 VOL. v. o 
 
194 THE ORATIONS OP DEMOSTHENES. 
 
 fault of so doing, it binds you to pay double the amount. If 
 you have performed this condition, you have done no wrong; 
 if you have not performed it, and not brought your ship back 
 to Athens, you are liable to the penalty in the agreement ; 
 for this is an obligation imposed on you, not by any other 
 person, but by yourself. Show then to the jury one of two 
 things, either that the agreement is not valid, or that you are 
 not bound to do everything in accordance with it. If certain 
 persons have excused you anything, and consented for some 
 reason or other to take interest as far as Rhodes, does that 
 exempt you from liability to us, with whom you have com- 
 mitted a breach of your agreement, in landing at Rhodes 1 I 
 should hardly think so. The jury are not now deciding upon 
 terms consented to by others, but upon a contract entered 
 into by you yourself with us. It is plain indeed to all of you, 
 that even the remission of the interest, supposing it to have 
 taken place, as these men say, has been to the advantage of 
 the creditors. For those who lent their money to these men 
 on the outward voyage from Egypt to Athens, when they 
 arrived at Rhodes, and these men put into that port, could be 
 no losers, I imagine, by remitting further interest, and re- 
 ceiving their money in Rhodes, and then employing it again 
 in a run to Egypt. On the contrary, it was much more pro- 
 fitable to them than commencing a new voyage to Athens. 
 For the passage to Egypt is speedy, and they had the oppor- 
 tunity of trading twice or three times with the same money ; 
 whereas they must have passed the winter here, and waited 
 for the season of navigation. The other creditors therefore 
 have been gainers, and have not remitted anything to these 
 men : with us however it is not a question only of the 
 interest ; for we are not able to recover even our principal. 
 
 Don't listen then to this man, when he attempts to cajole 
 you, and cites his transactions with other creditors as examples 
 for us; but refer him to the agreement, and to the rights 
 which spring out of the agreement. I have yet to show you 
 how this matter stands, and the defendant relies upon the 
 same thing, saying that the agreement only requires him to 
 pay the debt if the ship arrives safe. I likewise say that this 
 should be so. But I would be glad to ask you yourself, 
 Dionysodorus, whether you are speaking of the ship as having 
 been lost, or as having arrived safe. If the ship has been 
 
AGAINST DIONYSODORUS. 195 
 
 wrecked and lost, why do you dispute about the interest, and 
 ask us to receive interest to Rhodes I For in that case we are 
 not entitled to get either interest or principal. But, if the ship 
 is safe and not lost, why do you not pay us the money which 
 you agreed to pay 1 From what, men of Athens, can it be 
 most clearly ascertained that the ship has arrived safe? 
 Mainly, from the very fact that she is out at sea, and not less 
 clearly from the statements of these men themselves. For 
 they ask us to receive payment of the principal and a 
 portion of the interest, implying that the ship has arrived 
 safe, but not performed her whole voyage. Consider, men of 
 Athens, whether we are acting according to the terms of the 
 contract, or whether our opponents are, who, instead of sailing 
 to the port agreed upon, have sailed to Rhodes and Egypt, 
 and who, when the ship has been saved and not lost, expect 
 to get an abatement of the interest, notwithstanding that they 
 have broken their agreement, and have themselves made a 
 large profit by their carriage of corn to Rhodes, while they 
 have been keeping and making use of our money for two 
 years. The proceeding is indeed most strange. They offer 
 to pay us our principal, as if the ship had arrived safe, but 
 propose to deprive us of the interest, as if she had been lost. 
 The agreement however does not say one thing about the 
 interest of the loan, and another about the principal, but our 
 rights and means of recovery are the same for both. Please 
 to read the agreement again. 
 
 THE AGREEMENT. 
 
 "From Athens to Egypt and from Egypt to Athens." 
 You hear, men of Athens. It says "from Athens to 
 Egypt and from Egypt to Athens." Read the remainder. 
 
 THE AGREEMENT. 
 
 " If the ship arrives safe in Piraeus." 
 
 Men of the jury, it is a very easy thing for you to give 
 judgment in this cause, and there is no need of many words. 
 That the ship has been saved and is safe, is admitted by our 
 opponents themselves; for otherwise they would not have 
 offered to pay the principal debt and a portion of the interest. 
 She has not been brought back to Piraeus. Therefore we the 
 creditors say we have been wronged, and for this we sue, 
 
 o 2 
 
196 THE ORATIONS OF DEMOSTHENES. 
 
 because the ship did not return to the port agreed on. 
 Dionysodorus says he has done no wrong on this very account, 
 because he is not bound to pay the whole interest, as the ship 
 did not return to Piraeus. But what says the agreement ? 
 Nothing like what you say, Dionysodorus. The agreement 
 declares that, if you do not pay back the money lent with 
 interest, or if you do not deliver up the security entire, or if 
 you violate the agreement in any other respect, you shall be 
 liable to pay double the amount. Bead me that clause of the 
 agreement. 
 
 THE AGREEMENT. 
 
 " And if they do not deliver up the security entire, or if 
 they do anything contrary to the agreement, they shall be 
 bound to pay double the amount." 
 
 Have you ever delivered up the ship from the time that 
 you received the money from us, acknowledging as you do 
 yourself that she is safe 1 Or have you ever from that time 
 returned to the Athenian port, the agreement expressly de- 
 claring that you shall bring back your ship to Piraeus and 
 deliver her up to the creditors ? For again, men of Athens, 
 observe the extravagance of his statement. The ship was 
 disabled, as he says, and on that account he took her into 
 the port of Rhodes. "Well ; after that she was repaired, and 
 became fit for sea. How comes it then, my good friend, that 
 you sent her off to Egypt and other ports, but to this very 
 day have not sent her to Athens to us your creditors, to whom 
 the agreement requires you to deliver the ship entire, although 
 we requested and challenged you to do so repeatedly 1 The 
 fact is, you are so courageous, or rather so impudent, that, 
 although by the agreement you are liable to pay us double 
 the amount, you do not choose to pay even the accruing 
 interest, but command us to accept interest to Ehodes, as if 
 your command ought to be of more force than the agree- 
 ment ; and you dare to say that the ship did not arrive safe 
 at Piraeus ; for which, if you had your deserts, you would be 
 sentenced to death by the jurors. For whose fault is it, 
 men of the jury, that the ship has not come safe to Piraeus ? 
 Are we to blame, who lent our money expressly on a voyage 
 to Egypt and to Athens, or Dionysodorus and his partner, 
 who, having borrowed upon these terms, that the ship 
 
AGAINST DIONYSODORUS. 197 
 
 should return to Athens, took the ship to Rhodes notwith- 
 standing ? 
 
 That they did this voluntarily and not of necessity, is clear 
 from many circumstances. For, if the occurrence was really 
 involuntary and the ship was disabled, surely, after they had 
 repaired the ship, they would not have let her for a voyage 
 to other ports, but would have sent her off to Athens, and 
 made amends for the involuntary accident. As it is, how- 
 ever, instead of making amends, they have greatly aggravated 
 their original offence, and have come here to defend this 
 action in a spirit of mockery, as if it would be at their own 
 option, in case of a verdict against them, to pay only the 
 principal and interest. I trust that you, men of Athens, will 
 not allow people of this description to have their own way ; 
 that you will not let them ride on two anchors, in the hope 
 that, if they succeed, they shall keep the property of others, 
 and, if they are not able to impose on you, they will but pay 
 the bare amount of their debts. No; condemn them to pay 
 the penalty under the agreement : for it would be shameful, 
 when these men have bound themselves in a penalty of double 
 the amount, in case they commit any breach of their contract, 
 that you should be more lenient to them ; especially when 
 the injury affects you no less than it affects us. 
 
 The facts of the case are thus brief and easy to be re- 
 membered. We lent to this Dionysodorus and his partner 
 three thousand drachms on a voyage from Athens to Egypt 
 and back ; we have not received payment either of principal 
 or interest ; they have kept possession and had the use of 
 our money for two years ; they have not even to this day 
 brought home their ship to your port or delivered it to us. 
 The agreement declares that, if they do not deliver to us the 
 ship, they shall pay double the amount, and that the debt 
 may be recovered from either one or both of them. These 
 are the grounds upon which we have come into court, seek- 
 ing to recover our money through your assistance, as we 
 cannot get it from these men themselves. Such is our case, 
 men of the jury. Our adversaries, while they confess that 
 they borrowed the money and have not paid it, contend that 
 they are not bound to pay the interest mentioned in the 
 agreement, but only that to Rhodes, which neither was con- 
 tracted for nor has been consented to by us. Perhaps, men 
 
198 THE ORATIONS OP DEMOSTHENES. 
 
 of Athens, if we were trying the case in a Rhodian court, 
 these men might have got the better of us, by reason of their 
 having carried corn to the Rhodians and having sailed to 
 their port. As, however, we are before an Athenian tribunal, 
 and have entered into an agreement for a voyage to your 
 port, we hardly expect that you will give the advantage to 
 persons who have wronged you as well as ourselves. 
 
 And besides, men of Athens, do not forget that, though 
 you are sitting in judgment only upon one cause, you are 
 making law for the whole port of Athens ; and a large number 
 of commercial people are standing by, to see how you decide 
 this question. For if you hold that contracts and mutual 
 engagements ought to be enforced, and treat with rigour 
 those who violate them, the lenders of money will be more 
 ready to part with what they have, and by that means the 
 trade of your port will be increased. But if ship-owners, 
 after entering into written contracts to sail to Athens, shall be 
 at liberty to carry the ship to other ports under the plea that 
 she has been disabled, and under any other such pretence as 
 these which Dionysodorus sets up, and to apportion the 
 interest according to the length of the voyage which they say 
 they have performed, instead of paying it according to the 
 terms of their agreement, there will be nothing to prevent 
 all contracts of loan being dissolved. For who will like to 
 part with his money, when he sees that written agreements 
 are of no force, while effect is given to pleas like the present, 
 and the excuses of wrong-doers prevail over right and justice? 
 Never allow such a thing, men of the jury ! It is not expe- 
 dient either for the mass of the people or for the mercantile 
 class, who are a most useful body of men both to the public 
 at large and to those who have dealings with them, and there- 
 fore you ought to be careful of their interests. 
 
 I have said all that lay in my power, and I now call upon 
 one of my friends to speak in my behalf. Come forward, 
 Demosthenes. 
 
AGAINST EUBULIDE8. 
 
 THE ORATION AGAINST EUBULIDES. 
 
 THE ARGUMENT. 
 
 EUXITHEUS, the speaker, appeals from the judgment of the townsmen 
 of Halimus, who, on a revision of their civic register, had struck his 
 name out of the list, and thereby degraded him from his rank as an 
 Athenian citizen. Eubulides, his nominal opponent, was the demarch, 
 or prefect of the township ; who had presided at the revision, and on 
 whom devolved the duty of supporting the judgment on appeal. The 
 subject of this oration is so fully explained in the first appendix to 
 volume iv, that little requires to be said here. The question at issue 
 is, whether Euxitheus was by birth a citizen of Athens. The proof 
 of the affirmative lay on him; and accordingly he produces the 
 testimony of his relations, and also members of his township, clan, 
 and family, and a variety of circumstantial proofs, to establish the 
 legitimacy of his birth and the citizenship of both his parents. 
 There had been a prejudice against him, because his father spoke 
 with a foreign accent or dialect, and because his mother had been a 
 nurse and sold ribbons in the market. His father spoke a less pure 
 Attic, owing to his having been taken prisoner in war, and having 
 lived for many years abroad. On his return to Athens he had been 
 received by his friends and restored to his rights without any opposi- 
 tion. His mother's mean occupation was the consequence of poverty, 
 and afforded no proof of her being an alien. A cabal however had 
 been got up against him in the township, partly on these grounds, 
 and partly from other causes, which had made him personally un- 
 popular. Eubulides, in particular, had been stimulated by malicious 
 motives to procure his expulsion, and had adopted the most nefarious 
 means to accomplish that object. As the result of the trial was a 
 matter of the greatest importance to the appellant, (for, if the verdict 
 went against him, he would have to be sold for a slave,) he makes 
 every exertion to establish his case, to deprecate prejudice, and to 
 excite the favourable sympathies of the jury. He concludes with a 
 declaration that, in the event of an adverse verdict, he shall commit 
 suicide, to ensure at least a burial by his relations in his own country. 
 
 As Eubulides has made many false charges against me, and 
 uttered calumnies which are neither becoming nor just, I 
 shall endeavour to show you, men of the jury, by a fair state- 
 ment of the truth, both that I. am entitled to the civic fran- 
 
200 THE OEATIONS OP DEMOSTHENES. 
 
 chise, and that I have been shamefully treated by this man. 
 I pray you all, men of the jury, I entreat and implore you, 
 that, considering the great importance of the present trial and 
 the disgrace and ruin which attend conviction, you will hear 
 me, as you have heard my opponent, in silence ; that you 
 will listen to me, if possible, with more favour than to him, 
 (for you ought to be more favourable to those who stand in 
 peril,) but, at all events, with equal favour. 
 
 With respect to you, men of the jury, and with respect to 
 my right of citizenship, I am hopeful and confident of suc- 
 cess ; what alarms me is the occasion, and the strong feeling 
 which incites the people to strike names off the register : for 
 many have with justice been expelled from all the townships; 
 we who have been the victims of cabals suffer by this pre- 
 judice; we have to repel the charges made out against others 
 rather than those which affect ourselves, and therefore we 
 cannot help being in great alarm. 
 
 Notwithstanding this disadvantage, however, I shall pro- 
 ceed at once to declare to you what I consider to be the 
 correct view even upon this part of the question. T think 
 you ought to deal severely with persons proved to be aliens, 
 if they have clandestinely and intrusively partaken of your 
 civil and religious rights, without having obtained or peti- 
 tioned for your consent : on the other hand, you ought to 
 succour and to rescue those who have been unfortunate, and 
 who prove themselves to be citizens ; for you should consider 
 how extremely hard our case will be, when, though we ought 
 to be seeking redress as well as yourselves, we are placed in 
 the rank of punishable offenders, and suffer in common with 
 others on account of your auger at the thing itself. 
 
 I should have thought, men of the jury, that it became 
 Eubulides, and indeed all who appear as accusers in support 
 of a vote of exclusion, to state only what they know for cer- 
 tain, and not to bring up hearsay on a trial of this kind. 
 Such a course has ever been deemed the height of injustice, 
 insomuch that the laws do not even allow hearsay evidence, 
 not even upon trifling charges ; and this is reasonable ; for, 
 when people pretending to knowledge of facts have ere now 
 been proved guilty of falsehood, what credence can be given 
 to statements not within the speaker's own knowledge ? And 
 when no man is allowed, even where he makes himself 
 
AGAINST EUBULIDBS. 201 
 
 responsible, to damage another by evidence which he says 
 he has heard, how can it be right for you to believe a person 
 who speaks without responsibility ? Since my opponent, not- 
 withstanding his acquaintance with the laws, has taken every 
 unfair advantage in the conduct of this prosecution, it is 
 necessary that I should begin by explaining to you the out- 
 rageous manner in which I was treated among my fellow- 
 townsmen. I entreat you, men of Athens, not to be pre- 
 judiced against me, and not to regard my expulsion by the 
 townsmen as a proof that I am not entitled to the franchise. 
 Had you assumed that the townsmen would be able to do 
 perfect justice, you would not have allowed the appeal to 
 yourselves. As it is, you supposed that something of this 
 sort might occur through jealousy, or through envy or hatred, 
 or on other pretences, and therefore you gave to injured 
 parties a recourse to your tribunal, through which, men of 
 Athens, you have happily saved all those who have suffered 
 injustice. First then I will explain to you the manner in 
 which the division took place at the meeting of townsmen ; 
 for I consider it is speaking relevantly to the issue, to show 
 what one has suffered contrary to the decree through the 
 oppression of a cabal. 
 
 This Eubulides, men of Athens, as many of you are aware, 
 indicted the sister of Laceds&monius for impiety, and did not 
 get a fifth part of the votes. Because upon that trial I gave 
 evidence unfavourable to him, but in accordance with truth, 
 he became my enemy and commenced a persecution of me. 
 And being a member of the council, men of the jury, and 
 having authority to administer the oath, and having the 
 custody of the documents, out of which he called up the 
 townsmen, what does he do 1 in the first place, when the 
 townsmen had assembled, he wasted the day in making 
 speeches and drawing up resolutions. This was not done by 
 accident, but in furtherance of his design against me, that 
 the division in my case might take place as late in the day 
 as possible ; and he accomplished this. We of the townsmen 
 who took the oath were seventy-three in number, and we 
 began to divide late in the evening, so that, when my name 
 was called on, it was dark, for my name was the sixtieth in 
 the list, and I was the last of those who were called on that 
 day, when the elder members of the township had gone home 
 
202 
 
 THE ORATIONS OF DEMOSTHENES. 
 
 to the country; for our district, men of the jury, is five and 
 thirty furlongs from the city, and, as most of the members 
 reside there, the majority of them had gone home ; those 
 that remained were not more than thirty, and among them 
 were all the persons whose aid Eubulides had secured. When 
 my name was called, Eubulides jumped up, and poured out a 
 volley of abuse against me, speaking rapidly and with a loud 
 voice, as he did just now. He produced no witness in sup- 
 port of his charges, either from the township or from the 
 general body of the Athenians, but exhorted the townsmen 
 to pass a vote of expulsion. I asked for an adjournment till 
 the following day, on account of the lateness of the hour, 
 and because I had no one there on my behalf, and the thing 
 had come suddenly upon me; and that Eubulides also might 
 have the advantage of preferring any charge that he pleased, 
 and producing any witnesses that he had, and I might be 
 enabled to make my defence before all the townsmen, and 
 produce my relations as witnesses ; and I offered to abide 
 by whatever decision they should pronounce in my case. 
 Eubulides however paid no regard to my proposal, but 
 instantly proceeded to take the votes of the townsmen who 
 were present, without either allowing me to make any defence, 
 or giving any definite proof of his charges. The persons who 
 were combined with him jumped up and gave their votes. 
 It was dark ; and they received two or three ballot balls each 
 from Eubulides, and put them into the box ; of this there is 
 clear proof for the voters were not more than thirty in num- 
 ber, and the ballot balls, when counted, were more than sixty, 
 so that we were all astounded. 
 
 To prove the truth of my statements that the votes were 
 not taken when all were present, and that there were more 
 ballot balls than voters I will call witnesses before you. It 
 so happens that I have neither friend of my own nor any 
 other Athenian to be my witness in this matter, because of 
 the lateness of the hour, and because I did not ask any one 
 to attend; but I am obliged to resort to the evidence of 
 those who have injured me, I have drawn up such state- 
 ments for them as they will not be able to deny. Head. 
 \The deposition.] 
 
 I allow, men of the jury, that, if the Halimusians had 
 divided upon every case that day, it would have been reason- 
 
AGAINST EUBULIDES. 203 
 
 able to go on balloting to a late hour, that they might per- 
 form your decree and go about their business. But when 
 there were more than twenty 1 townsmen left, upon whose 
 cases they had to divide on the following day, and the towns- 
 men were obliged anyhow to meet again, what difficulty was 
 there for Eubulides to adjourn to the following day, and take 
 the votes of the townsmen in my case first 1 The reason, 
 men of the jury, was this. Eubulides well knew that, if a 
 hearing were allowed me, and if all the townsmen were 
 present, and if the votes were rightly taken, the party 
 leagued with him would be nowhere. 
 
 How these people came to be leagued against me, I will 
 tell you, if you like to hear it, after I have given an account 
 of my birth. In the meantime what do I consider just, and 
 what am I prepared to do, men of the jury? To show you 
 that I am an Athenian both on the father's and the mother's 
 side, to prove this by the evidence of witnesses whose veracity 
 you will not doubt, and to overthrow the charges and calum- 
 nies of my opponents. This is the proper course for me to take. 
 It will be for you, when you have heard my case, if you think 
 that I am a citizen, and have been the victim of a cabal, to 
 deliver me ; if you arrive at a different conclusion, to act as 
 in good conscience you are bound. And now to begin. 
 
 They have maliciously asserted, that my father spoke a 
 foreign dialect. 2 That he was taken prisoner by the enemy 
 about the time of the Decelean war, that he was sold for a 
 slave and carried to Leucas, that there he fell in with Oleander 
 the actor, and was ransomed and brought home to his rela- 
 tions after an absence of many years this they have omitted 
 to mention, but have reproached him with his foreign dialect, 
 
 1 Eeiske and Auger pronounce this to be inconsistent with what the 
 speaker has said before, (page 1302. 1. orig.) showing (as they suppose) 
 that thirteen cases only, and not twenty, remained. This however is 
 not so. The seventy-three persona present on the first day did not 
 comprise all the townsmen of Halimus, nor include all whose retention 
 on the list was opposed. Every name in the list was called over, but 
 only certain persons were objected to, so as to require a ballot. The 
 twenty cases remaining to be disposed of on the second day were com- 
 posed (in part at least) of those absent on the first. 
 
 2 Or " with a foreign accent," as Auger has it. Pabst " er sey ein 
 Fremdling" which is strange, after Taylor's note, and the distinction 
 drawn by Demosthenes himself a little below between T&V ^ 
 
 #vos } where Pabst translates it right. 
 
204 THE ORATIONS OF DEMOSTHENES. 
 
 as if I ought to perish on account of my father's misfortune. 
 I rather think that this very circumstance will materially 
 help me to establish that I am an Athenian. I will first call 
 witnesses before you, to prove that my father was taken 
 prisoner and redeemed ; secondly, that after his return home 
 he received from his uncle the share which came to him from 
 his father's estate ; and further, that no one, either among the 
 townsmen, or among the clansmen, or anywhere else, ever 
 charged him (for all his foreign dialect) with being a foreigner. 
 Please to take the depositions. 
 
 [Depositions.] 
 
 Of my father's capture by the enemy, and of his redemp- 
 tion and return to Athens, you have been informed. To 
 prove that he was your fellow citizen, men of the jury 
 (for such is the real truth) I will call my relations by the 
 father's side who are living. Please to call first Thucritides 
 and Charisiades : their father Charisius was brother to my 
 grandfather Thucritides and my grandmother Lysarete, and 
 uncle to my father ; for my grandfather married his sister, 
 she not being his sister by the same mother. After them call 
 Niciades ; for his father Lysanias was brother of Thucritides 
 and Lysarete, and uncle of my father. Next, Nicostratus ; 
 for his father Niciades was nephew to my grandfather and 
 my grandmother, and first cousin to my father. Call if you 
 please, all these persons. And you, stop the water. 
 
 You have heard, men of Athens, my father's relatives on 
 the male side both deposing and swearing, that my father was 
 their relative. Surely none of them would commit perjury, 
 with imprecations on his own head, in the presence of persons 
 who must know him to be a false witness. Now take the 
 depositions of my father's relatives on the female side. 
 
 [Deposition.] 
 
 These persons, the living relatives of my father, both on 
 the male and on the female side, have testified, as you see, 
 that he was on both sides an Athenian, and justly entitled to 
 the civic franchise. Now call the clansmen, if you please, 
 and after them, the members of my family. 
 
AGAINST EUBULIDES. 205 
 
 Take now the depositions of the townsmen, and those of 
 my relations concerning the clansmen, showing that they 
 elected me prefect of the clan. 
 
 [Depositions.] 
 
 You have heard, men of the jury, the evidence of my rela- 
 tions, of my fellow-clansmen, and of the members of my town- 
 ship and family, who are the proper persons to give evidence. 
 From this you may see, whether he is a citizen or a foreigner, 
 who could get such support. If indeed we had had recourse 
 to one or two persons only, we might have lain under the 
 suspicion of having suborned them. But when it appears, 
 that both my father in his lifetime and myself have been 
 members of all those communities, to which each of you be- 
 longs, (I mean those of clan, kin, township, and family,) how 
 can it be imagined, or how is it possible that all these persons 
 have been got up, without having any real existence ? Had 
 it appeared that my father was a wealthy man, and gave 
 money to these persons to induce them to say that they were 
 his relatives, he might reasonably have been suspected of not 
 being a genuine citizen : but as he was poor, and not only 
 produced relatives, but showed that the persons whom he 
 produced as such gave him a share of their property, is it 
 not perfectly manifest that he really belongs to them? 
 Surely, if he had not been connected with any of them, they 
 would not have taken him as one of their kindred, and given 
 him money for it too. He was connected with them, as the 
 fact shows, and as I have proved to you in evidence. Besides 
 that, he was chosen to offices by lot, and served them after 
 passing his probation. Please to take the deposition. 
 [The deposition.] 
 
 Does any one of you suppose that the townsmen would 
 ever have suffered my father, if he had been a foreigner and 
 not a citizen, to hold office among them, and would not have 
 prosecuted him for it ? No one ever did prosecute, or bring 
 any accusation against him. Yet the townsmen were com- 
 pelled to have a ballot on their solemn oaths, when they lost 
 the heritable register in the prefecture of Antiphilus, the 
 father of Eubulides ; and they expelled some of their mem- 
 bers ; but no one ever moved for the expulsion of my father, 
 or brought any charge against him. To all mankind the end 
 
206 THE ORATIONS OP DEMOSTHENES. 
 
 of life is death ; and where a man has any charge against him 
 concerning his descent, it is just that his children should 
 continue responsible ; but where no objection is made to him 
 during his lifetime, is it not monstrous that his children 
 should be exposed to the attacks of all men ? If there never 
 was any inquiry into these matters, it might be conceded that 
 the thing had escaped notice ; but if there was an opportu- 
 nity for inquiry, and a revision of the township, and if no 
 one ever made any accusation, ought I not to be esteemed an 
 Athenian citizen as far as concerns my father, who died 
 before his civic origin was disputed 1 To prove the truth of 
 my statements, call the witnesses who depose to them. 
 
 [Witnesses.] 
 
 Besides, he had four children by the same mother with 
 myself, and, upon their deaths, he interred them in the 
 ancestral tombs, which are common to all the members of 
 the family ; and none of these men ever forbade or prevented 
 it, or commenced an action. But where is the man, who 
 will allow persons having no connexion with the family to be 
 placed in the ancestral tomb? To prove that these state- 
 ments are true like the rest, take the deposition. 
 
 [The deposition.] 
 
 Such are the grounds of my assertion, that my father was 
 an Athenian. I have produced as witnesses persons who 
 have been voted by my opponents themselves to be citizens, 
 and who depose that he was their cousin. It is shown that 
 he lived such and such a number of years at Athens, and that 
 he was never and in no place regarded as an alien, but that 
 he had recourse to these persons as his relations, and they 
 not only received him as one of them, but gave him a share 
 of their property. He appears further to have been bom at 
 such a period, that, if he was of civic birth on one side only, 
 he was entitled to the franchise ; for he was born before 
 Euclides. 
 
 I shall now proceed to speak of my mother, (for they have 
 calumniated her also,) and I shall call witnesses in support of 
 my statements. And, men of Athens, the calumnies with 
 which Eubulides has assailed us are not only contrary to the 
 
AGAINST EUBULIDES. 207 
 
 decrees respecting the market, but also contrary to the laws, 1 
 which declare that, whoever reproaches either a male or a 
 female citizen with trafficking in the market, shall be amen- 
 able to the penalties for evil speaking. We confess that we 
 sell ribbons and live not in the way we could desire ; and if 
 you regard this, Eubulides, as a token that we are not Athe- 
 nians, I will show you that it is just the reverse, and that it 
 is not lawful for any alien to traffic in the market. First 
 take and read me the law of Solon. 
 [The law.] 
 
 Now take the law of Aristophon. For Solon, men of 
 Athens, was thought to have enacted so wise and constitu- 
 tional a statute, that you voted to renew it. 
 [The law.] 
 
 It becomes you then, men of Athens, acting in vindication 
 of the laws, to hold, not that traders are aliens, but that 
 pettifoggers are scoundrels. And let me tell you, Eubulides, 
 there is another law concerning idleness, to which you who 
 denounce traders are amenable. But we are now involved 
 in such misfortune, that our opponent may travel out of the 
 record to abuse us, and take every possible means to prevent 
 my obtaining justice ; while you will perhaps rebuke me, if 
 I tell you what sort of traffic he goes about the city carrying 
 on : and not without reason would you rebuke me ; for what 
 occasion is there to tell you what you know ? But just con- 
 sider. It seems to me, that our trafficking in the market is 
 the strongest proof of this man's charges against us being 
 false. For when he says that my mother was a seller of 
 ribbons and notorious to all, there ought surely to have been 
 witnesses speaking to this of their knowledge, not repeating 
 hearsay only. If she was an alien, they should have inspected 
 the tolls in the market, and shown whether she paid the 
 aliens' toll, and to what country she belonged : if a slave, the 
 person who bought her, or the person who sold her, should 
 have come to give evidence of it ; or, in default of them, 
 some one else might have proved that she had lived in servi- 
 tude, or that she had been set free. Eubulides however has 
 proved none of these things ; he has only been abusive, and 
 abusive (L think) in the highest possible degree. For this it 
 
 1 See the Charicles, Excursus on the Markets, page 283. Translation. 
 
208 THE ORATIONS OF DEMOSTHENES. 
 
 is to be a pettifogger to make all kinds of charges, and to 
 prove nothing. 
 
 And then he has said of my mother, that she was a nurse. 
 We do not deny, that this occurred in those evil days of our 
 commonwealth, when all people were badly off : in what way 
 however, and for what reasons my mother became a nurse, I 
 will tell you plainly. And don't let it prejudice you against 
 us, men of Athens : for you will find many women of civic 
 origin taking children to nurse ; I will mention them to you 
 by name, if you please. Of course, if we had been rich, we 
 should neither have sold ribbons nor have been at all in dis- 
 tress. But what has this to do with my descent "? Nothing 
 whatever, in my opinion. Pray, men of the jury, do not 
 scorn the indigent, (for their poverty is a sufficient misfortune 
 to them,) much less those who employ themselves and seek 
 to get an honest livelihood. Hear my case fairly out ; and 
 if I show you that my mother's relations are such as usually 
 belong to free-born citizens, that they deny upon their oaths 
 the calumnies which Eubulides casts upon her, and speak to 
 their knowledge of her civic origin ; and if they are witnesses 
 whom you will acknowledge to be credible ; I then ask you 
 to give me your verdict as justice requires. 
 
 My maternal grandfather, men of Athens, was Damostratus 
 of Melita. To him were born four children : by his first 
 wife he had a daughter, and a son whose name was Amytheon ; 
 by his second wife Chserestrata he had my mother and Timo- 
 crates. Amytheon had a son Damostratus, who took his 
 grandfather's name, and two other sons, Callistratus and 
 Dexitheus. And Amytheon, my mother's brother, was one 
 of those who went to the war in Sicily and there lost his life ; 
 and he is buried in a public monument. These facts will 
 be proved to you in evidence. His sister married Diodorus 
 of Alee, and had a son Ctesibius ; and he fell at Abydos in 
 the campaign with Thrasybulus. Of these relatives there is 
 living Damostratus, the son of Amytheon, my mother's 
 nephew. The sister of my grandmother Chssrestrata was 
 married to Apollodorus of Plothea. They had a son, 
 Olympichus, and Olympichus had a son, Apollodorus, who is 
 still living. Please to call them. 
 
 [ Witnesses.] 
 
AGAINST EUBULIDES. 209 
 
 You have heard these persons giving testimony and taking 
 their oaths. I will also call the person who is my mother's 
 uterine brother and my relation on both sides, and his sons. 
 For Timocrates, who is brother to my mother both on the 
 father's and the mother's side, had a son, Euxitheus, and 
 Euxitheus had three sons, who are all living. Please to call 
 those who are in residence. 
 
 [Witnesses.] 
 
 Now oblige me by taking the depositions of my mother's 
 relations and the members of her clan and township, and 
 those who have the same places of burial. 
 [Depositions.] 
 
 I have thus laid before you my mother's pedigree, and I 
 show you that she is of civic origin both on the male and on 
 the female side. My mother, men of the jury, first married 
 Protomachus, to whom she was affianced by Timocrates, her 
 whole brother; and by Protomachus she had a daughter; 
 then she married my father, and gave birth to me. How 
 she came to marry my father, you must be informed : and I 
 will explain the charges which this man makes about Clinias 
 and my mother's having been a nurse and all that. Proto- 
 machus was poor, but becoming entitled to wed a rich 
 heiress, and wishing to give my mother away, he persuades 
 my father Thucritus, who was an acquaintance of his, to take 
 her ; and my mother was given in marriage to my father by 
 her brother, Timocrates of Melita, in the presence of both 
 his uncles and other witnesses ; and those who are still living 
 will bear witness for me. Sometime after this, and after she 
 had had two children, while my father was absent in the 
 campaign with Thrasybulus, she being in bad circumstances 
 was compelled to take Clinias, the son of Clidicus, to nurse ; 
 an unfortunate thing truly as regards the peril which now 
 hangs over me, for from this nursing has arisen all the slander 
 about our family ; but the poverty in which she lived 
 rendered it perhaps fitting and necessary at that time. It 
 appears thus, men of Athens, that it was not my father who 
 first espoused my mother : Protomachus was her first husband, 
 who had issue by her, a daughter namely, whom he gave in 
 marriage. He is dead, yet even now he testifies by his acts 
 that she is a citizen by birth and by right. 
 
 VOL. v. p 
 
210 THE ORATIONS OF DEMOSTHENES. 
 
 To prove the truth of these statements, please to call first 
 the sous of Protoinachus, uext, the witnesses who were present 
 when my mother was betrothed to my father, and his con- 
 nexions of the clan, to whom my father gave the nuptial 
 sacrifice in honour of my mother. After them, call Eunicus 
 of Cholargus, who received my sister in mariage from Proto- 
 machus, and next, my sister's son. Call them. 
 
 Should I not be most cruelly treated, men of Athens, when 
 all these relations depose and swear to their connexion with me, 
 if any one, not disputing the citizenship of any of these, should 
 nevertheless vote me to be an alien ? Now please to take the 
 deposition of Clinias, and that of his relations, who of course 
 knew who my mother was, that nursed him. Good conscience 
 requires them to swear, not to what I assert to-day, but to what 
 they have known all their lives of the person reputed to be 
 my mother and nurse of Clinias. For, if it is a mean thing 
 to be a nurse, I don't shun the truth. We are not guilty for 
 having been poor, but (if at all) for not having been citizens ; 
 and the contest now is not about fortune or money, but about 
 descent. Poverty compels freemen to do many mean and 
 servile acts, for which, men of Athens, they deserve rather to 
 be pitied, than to be utterly ruined. I am told that many 
 women of civic origin have become both nurses and wool- 
 dressers and vintagers, owing to the misfortunes of the com- 
 monwealth at that period ; and many have since been raised 
 from poverty to wealth. But of these matters by and bye. 
 Now call the witnesses. 
 
 That I am a citizen both by paternal and maternal descent, 
 you have all learned, partly from the testimony which has just 
 been given, and partly from what was given before concern- 
 ing my father. It remains that I speak to you about myself ; 
 and I think I have a right to say plainly, that being of civic 
 origin from both parents, having the heritage both of pro- 
 perty and birth, I am a member of your political community. 
 But I will not stop here : I will produce witnesses to prove 
 everything which it becomes a citizen to establish namely, 
 that I was introduced to my fellow-clansmen, that I was en- 
 
AGAINST EUBULIDES. 211 
 
 tered in the register of my fellow-townsmen, that by these 
 very persons I was selected among the noblest-born to draw 
 lots for the priesthood of Hercules, and that I held offices 
 after passing my probation. Please to call them. 
 
 [Witnesses.] 
 
 Is it not shameful, men of the jury ? If I was drawn by 
 lot to be priest, after nomination, it would have been my 
 duty to offer sacrifice on behalf of these people, and Eubulides 
 would have had to join me in the sacrifice : and that these 
 same persons should not permit me even now to offer sacrifice 
 in common with them ! It appears, men of Athens, that I 
 have all along been acknowledged as a citizen by every one 
 of those who now accuse me : for surely Eubulides would 
 not have suffered a mere resident alien and a foreigner, as he 
 now calls me, either to hold offices, or to draw lots with him- 
 self as one of the nominees for a priesthood ; for he was one 
 of those who were nominated and drew lots. And again, 
 men of Athens, as he was an old enemy of mine, he would 
 not have waited for the present opportunity, which no one 
 could ever foresee, if he had known anything of this sort 
 against me. But he did not know anything of the kind ; 
 and therefore he continued all along to act with me as a 
 member of the township, and draw lots for office without 
 seeing any objection ; but when the whole city was roused 
 to anger against the intruders who had pushed themselves 
 into the townships, he began to form plots against me. The 
 earlier occasion would have suited a man convinced that his 
 charges were true ; the present suits an enemy and a design- 
 ing pettifogger. For my part, men of Athens and by Jupiter 
 and the gods, don't let any one make a clamour or be annoyed 
 at what I am going to say I consider myself to be an Athe- 
 nian in the same manner as each of you considers himself to 
 be one, having from the beginning regarded her as my mother, 
 whom I represent as such to you, and not pretending to be 
 her son while I really belong to another. And with respect 
 to my father, men of Athens, I have acted in the same way. 
 Now, if it is just that, when people are discovered to have 
 concealed their real parentage and to have assumed a false 
 one, you should regard this as a sign of their being aliens, 
 surely in my case you should regard the opposite as a proof 
 
 p 2 
 
212 THE ORATIONS OF DEMOSTHENES. 
 
 that I am a citizen. For I should never in claiming the 
 franchise have entitled myself as the son of parents who were 
 both foreigners : had I known anything of this sort, I should 
 have looked for persons to give out as my parents : but 
 I knew nothing of the kind, and therefore I have kept always 
 to my real parents, and I claim the Athenian franchise as 
 their sou. 
 
 Besides, I was left an orphan, and yet they say that I am ' 
 wealthy, and that some of the witnesses depose to relation- 
 ship with me for the sake of what I give them. And at 
 the same time that they reproach me with poverty and de- 
 nounce the meanness of my birth, they pretend that I am 
 rich enough to buy everything. Which of their stories then 
 are you to believe? Surely, if I had been an illegitimate 
 child or an alien, the witnesses might have claimed to inherit 
 all my property. Then do these men choose to receive small 
 pittances and to incur peril by giving false testimony and to 
 perjure themselves, rather than to have all and have it safely 
 without rendering themselves amenable to a curse 1 It is 
 impossible, I say. They are relations, and do an act of justice 
 in helping one of themselves. And they are not doing this 
 now under my influence ; but years ago, when I was a boy, 
 they took me to the clansmen, they took me to the temple 
 of Apollo our father-god, and to the other places of worship. 
 Surely, when I was a boy, I did not induce them to do this 
 by an offer of money. My father himself in his lifetime 
 swore the customary oath before the clansmen, and introduced 
 me to them, knowing that I was of Athenian birth, the son 
 of an Athenian mother lawfully married to himself : and this 
 has been proved to you in evidence. 
 
 Am I then an alien? Where have I paid the resident 
 alien's tax? Or what member of my family ever paid it? 
 Have I gone to any other townsmen, and, because I could 
 not prevail on them to take me, entered myself on the register 
 of this township ? Have I done any of the things which 
 persons who are not genuine citizens are shown to have done ? 
 Nothing of the sort. I am known to have lived harmlessly 
 as a member of that township, in which my paternal grand- 
 father and my father lived. And now let me ask how 
 could any one establish his title to the civic franchise more 
 clearly than I have done ? Let each of you consider, men of 
 
AGAINST EDBULIDES. 213 
 
 Athens in what other way he could prove relationship to his 
 kinsmen, than in the way that I have proved it by bringing 
 them to give testimony on their oaths, and by showing that 
 they have been the same all along from the beginning ? 
 
 On these grounds I had confidence in my case, and came 
 to your tribunal for protection. For I see, men of Athens, 
 that the courts of law are more powerful, not only than the 
 Halimusians who have expelled me, but even than the council 
 and the popular assembly ; and justly so ; for your verdicts 
 are in every respect most righteous. 
 
 Reflect also upon this, you that belong to the large town- 
 ships ; that you did not deprive any man of his right either 
 of accusation or defence. And blessings upon all of you, 
 who have acted so fairly in this matter, and not denied to those 
 who asked for an adjournment the opportunity of preparing 
 themselves ! By taking that course, you exposed the tricks 
 of malicious conspirators and calumniators. And you are 
 deserving of all praise for it, men of Athens ; on the other 
 hand, those persons are highly blameable, who have abused a 
 process in itself useful and equitable. In none of the town- 
 ships, however, will you find that such shameful things have 
 been done, as with us. Our townsmen have rejected one 
 brother of a family, and retained another, both their parents 
 being the same : and they have expelled some men of ad- 
 vanced age, whose sons they have left in the township. I will 
 call witnesses, if you like, to prove these things. But the 
 most shameful act of these conspirators I am about to tell 
 you ; and, by Jupiter and the gods, let none of you be offended, 
 if I show how base these people are who have wronged me ; 
 for I consider that, in revealing their baseness to you, I am 
 telling the very thing which has happened to me. 
 
 You must know then, men of Athens, that there were 
 certain persons of foreign extraction, who wished to become 
 citizens; their names were Anaximenes and Nicostratus. 
 This clique admitted them to the township for a sum of 
 money, which they divided among them, getting five drachms 
 each. Eubulides and his party will not dare to say upon 
 their oaths, that they don't know this to be true. And they 
 have not rejected these men on the last revision. What do you 
 think they would scruple to do privately, when they dared to 
 do such a thing in common 1 Many have been destroyed, 
 
214 THE ORATIONS OF DEMOSTHENES. 
 
 men of Athens, and many have been saved, from corrupt 
 motives, by this faction of Eubulides. Even before their 
 time (I will speak to the point, men of Athens) Antiphilus, 
 the father of Eubulides, when he was prefect of the township, 
 as I told you, mano3uvred to get money from certain persons, 
 and said that he had lost the public register ; under that pre- 
 tence, he induced the Halimusiaus to have a revision, objected 
 to ten of the members, and procured their expulsion ; all of 
 whom, but one, were restored by the court of justice. This 
 is known by all the older townsmen. It was not very likely 
 they would leave any persons not Athenians on the register, 
 when they contrived to expel even genuine citizens, whom 
 the court restored. And, though he was the personal enemy 
 of my father at that time, he not only did not object to him, 
 but did not even vote that he was not an Athenian. How is 
 that shown 1 Because he was declared by all the votes to be 
 a member of the township. 
 
 But what necessity is there to speak of our fathers? 
 Eubulides himself, when I was entered in the register, and 
 when, the question being proposed for my admission, all the 
 townsmen gave honest votes upon their oaths, neither made 
 any objection, nor gave his vote against me ; for then too they 
 all voted that I was a member of the township. And if they 
 say that I am telling a falsehood, let any one that pleases 
 give evidence to the contrary, while my water is running. 
 If my opponents then, men of Athens, insist upon it as 
 a strong circumstance in their favour, that the townsmen 
 rejected me on the late revision, I show that on four pre- 
 vious occasions, when they gave conscientious votes without 
 entering into a conspiracy, they voted that both I and 
 my father were their fellow-townsmen ; first, when my 
 father passed the scrutiny on his coming of age ; secondly, 
 when I passed the same scrutiny ; again, on the former revi- 
 sion, when these people made away with the register ; and 
 lastly, I say, they voted in my favour, when they selected me 
 among the noblest-born to draw lots for the priesthood of 
 Hercules. And all these things have been given in evidence. 
 
 If I might speak of my own administration as prefect, which 
 brought me into odium with certain members of the town- 
 ship, as I gave offence by calling on many of them to pay 
 rents for the sacred land?, and to refund some of the public 
 
I AGAINST EUBULIDES. 215 
 
 money which they had embezzled, I should be very glad if you 
 would listen to me ; but perhaps you would think that such 
 matters were foreign to the question j and indeed I have one 
 thing to bring forward, which is positive proof of their con- 
 spiracy. They struck out of the oath the clause " that they 
 would vote according to their honest judgment without favour 
 or malice." That became publicly known j and so did another 
 thing, which I shall not shrink from mentioning. These 
 persons from whom I recovered the public money conspired 
 against me, and committed sacrilege by stealing the shields 
 which I dedicated to Pallas ; and they chiselled out the decree 
 which the townsmen passed in my favour. And they have 
 arrived at such a pitch of impudence, that they went about 
 saying that I had done this for the sake of my defence. 1 And 
 could any of you, men of the jury, believe me so insane, that, 
 to get this weighty 2 piece of evidence, I would do an act 
 deserving capital punishment, and destroy a public testimonial 
 of my own good conduct ? The most shocking act of all they 
 will surely not say has been my contrivance. Scarcely had 
 my misfortune 3 occurred, when, as if I was already an exile 
 and a ruined man, some of these people came by night to my 
 cottage in the country, and attempted to carry away the 
 property which they found there ; such thorough contempt 
 had they for you and for the laws. If you like, I will call 
 persons who know these facts. 
 
 I could show many other things which these men have 
 done, and many other falsehoods which they have told, and 
 I should be glad to mention them to you ; but, as you con- 
 sider these matters foreign to the issue, I will forbear. Keep 
 in your mind however the following points, and see with 
 what a strong case I have brought into court. As you ques- 
 tion the Judges in their probation, even so will I question 
 myself before you. "Who was your father, sir?" "My 
 father was Thucritus." " Do any relations give testimony in 
 his favour?" "Certainly. First, four cousins ; secondly, a 
 cousin's son ; thirdly, those who married the female cousins ; 
 next, the clansmen ; next, the kinsmen of our family who 
 worship the same father-god Apollo, and the same Aulic 
 
 1 That I might cast odium on my opponents by charging them with 
 the act. 
 
 2 Said ironically. 3 7. e. my expulsion from the township. 
 
216 THE ORATIONS OF DEMOSTHENES. 
 
 Jupiter j 1 next, those who use the same place of burial ; and 
 in addition to these, the clansmen testify that he has often 
 passed probation and held offices, and they themselves are 
 shown to have ballotted in his favour." With respect to my 
 father's origin then, how could I prove my case more fairly or 
 more clearly ? I will call my relations before you, if you 
 desire it. 
 
 Now, men of Athens, hear what relates to my mother. 
 My mother is Nicarete, the daughter of Damostratus of 
 Melita. Do any of her relations give testimony 1 ? First, 
 two sons of her nephew ; secondly, her cousins ; thirdly, the 
 sons of Protomachus, my mother's first husband ; next, 
 Eunicus of Cholargus, who married my sister, the daughter 
 of Protomachus ; next, the son of my sister. Besides them, 
 the clansmen of her relations and the townsmen have given 
 the like testimony. What more then do you require ? That 
 my father married according to the laws and gave a nuptial 
 sacrifice to the clansmen, has been proved in evidence. I 
 have shown further, that I myself have partaken of all those 
 things which freemen ought to partake of; so that in every 
 respect you will act conscientiously, if you give your verdict 
 in my favour according to right and justice. 
 
 One more thing, men of the jury. At the examination of 
 the nine archons you ask whether they behave dutifully to 
 their parents. I was left by my father an orphan. On 
 behalf of my mother I conjure and beseech you let the 
 issue of this trial be, that you restore to me the right of 
 burying her in our hereditary monuments. Do not preclude 
 me from this do not make me an outcast do not sever me 
 from communion with all my relatives, numerous as they 
 are, and utterly destroy me. Rather than abandon them, if 
 it is impossible for them to save me, I will kill myself, so 
 that at least I may be buried by them in my country. 
 
 1 Harpocration "EpKfios Zei)s, $ fia>p.o\ VT&S Hpicovs eV rfj avhfj 'iSpwrcu' 
 rbv yd.p TrepifioXw epKos e\eyov. Pabst calls him " Gott des Hausbezirks." 
 Schb'mann(Ant. Jur. Publ. Grsec.) Jupiter Penetralis. 
 
 One of the questions asked of the Thesmothetae on their probation 
 was, et 'A.ir6\X(i:v eanv avro'is irarpSsos Kal Zei/s epiceios. 
 
AGAINST THEOCRINBS. 217 
 
 THE ORATION AGAINST THEOCRINES. 
 
 THE ABGUMENT. 
 
 THE subject of this speech is like that of the speech against Aristogiton, 
 and it belongs strictly to the class of public orations. Theocrines 
 was one of those odious people whom the Athenians called Sycophantce, 
 and is probably the person referred to by Demosthenes in the oration 
 on the crown, (vol. iL page 11 2,) where he calls his rival "a tragic 
 Theocrines." 
 
 A criminal information is brought against him on several grounds : 
 
 First ; because he had withdrawn from the prosecution of one Micion, 
 whom he had charged with having violated some article of the mer- 
 cantile law, for which withdrawal he was liable to a penalty of a 
 thousand drachms. 
 
 Secondly ; he was liable by an express statute to imprisonment for 
 having wilfully preferred a false charge against Micion. The with- 
 drawal of this charge (it is contended) was a proof that it was wilfully 
 false. At all events, he was liable in one way or the other. If the 
 charge against Micion was an honest one, it ought to have been pro- 
 ceeded with; if dishonest, he had compromised it from corrupt 
 motives. 
 
 Thirdly ; Theocrines had incurred a fine of seven hundred drachms 
 payable to the hero of his tribe, and had continued to exercise his 
 civic privileges without having paid it, which was contrary to law. 
 He said it was his grandfather, and not himself, who had incurred 
 the debt. But that made no difference ; for he inherited the liability 
 of his grandfather. 
 
 Fourthly ; he owed to the state a sum of five hundred drachms, which 
 his father had been condemned to pay by a court of law. His father 
 not having paid it in his lifetime, the debt and consequent disfran- 
 chisement had descended to Theocrines. 
 
 The prosecutor of the information is one Epichares, a young man, 
 whose father had been indicted by Theocrines for moving an illegal 
 decree, and, being brought to trial, had been sentenced to a fine of 
 ten talents. As he was unable to pay so large a sum, he had gone to 
 prison. He might have avoided it (says Epichares), if he had chosen 
 to compound the matter with his accuser. Indignant at the baseness 
 of the man, who had thus deprived him of his liberty and ruined his 
 prospects, the father solemnly charged his son to avenge him, while 
 it was yet in his power, by taking such legal proceedings as were 
 open to him against Theocrines. He could do so while his father 
 lived; but after his father's death he would inherit the disfranchise- 
 ment and would be disabled to appear as a prosecutor. Epichares 
 
218 THE ORATIONS OF DEMOSTHENES. 
 
 undertook the duty thus committed to him, and laid the present in- 
 formation, which he conducts in person. 
 
 After an exordium, in which he bespeaks the indulgence and favour of 
 the jury on account of his youth and forlorn situation, declaring 
 that he had been abandoned by those who had promised to assist 
 him, but who had been deterred or seduced by his opponent he 
 states briefly the several articles of the information and the facts 
 upon which they are grounded, produces evidence, and shows that 
 his charges are good in law. He proceeds to make a general attack 
 upon the life and character of Theocrines, showing how he had 
 treated his father, and also other disgraceful acts which he had com- 
 mitted, and contends that he is entitled to no mercy at the hands of 
 the jury. The excuses which Theocrines was expected to set up are 
 anticipated. He would endeavour to make a merit of his services as 
 a public accuser, representing himself as a friend of the people and a 
 supporter of the laws : he would urge that he had exposed himself 
 to attack by his prosecution of certain leading statesmen, and in par- 
 ticular, of Thucydides and Demosthenes. These (says Epichares) 
 were idle pretences. He could not have any regard for the laws, 
 when he violated them by continuing to speak and take part in 
 public business without paying his debts to the state. His only 
 object was to make himself of importance and extort money. The 
 prosecutions which he had undertaken were no advantage to the 
 people of Athens : the proceedings were a sham, and got up for the 
 purpose of an answer to this information. As to Demosthenes, 
 whatever quarrel there might have been between him and the de- 
 fendant had been made up, and, as he believed, for a sum of money. 
 He calls Demosthenes to come forward as a witness ; the call how- 
 ever is not responded to, and Epichares speaks of the orator in not 
 the most complimentary terms. At the conclusion, after referring 
 to the services done by some ancient members of his family, and 
 again imploring the jury to redress his father's wrongs, he invokes 
 the assistance of the bystanders, in the hope that some one will 
 volunteer to be his advocate. 
 
 The manner in which Demosthenes is here spoken of, and the insinua- 
 tions cast upon him by Epichares, have led to the general belief that 
 this speech was not his composition. Most critics have attributed 
 the authorship to Dinarchus, who was the personal enemy of Demos- 
 thenes, and an imitator of his style of writing ; not indeed that this 
 can be taken as a good imitation, for it has but little merit either in 
 regard to force or clearness of language. 
 
 From internal evidence (see pages 1330, 1336), it has been inferred, 
 that the date of this speech is after B.C. 344. 
 
 As my father, men of the jury, has through the defendant 
 Theocrines suffered political l misfortune and been condemned 
 to pay a fine of ten talents, and this fine has been doubled, so 
 
 1 I.e. the disfranchisement for non-payment of the fine, to which 
 Theocrines had caused him to he condemned. Pabst "in Betreff 
 seines Verhaltnisses zum Staate, ins Ungliick gestiirzt." 
 
AGAINST THEOCRINES. 219 
 
 that we have not the least hope of deliverance, I have thought 
 it right, without taking either youth or any other disadvan- 
 tage into account, to lay this criminal information, in order 
 to punish the defendant with your assistance. For my father, 
 men of the jury, in compliance with whose wishes I have 
 taken every step, declared to all his acquaintances what a 
 sad thing it would be, if I should let slip the oppor< unity 
 which I had of taking vengeance on this man during my 
 father's lifetime, and if under the plea of youth and inex- 
 perience I should suffer him to be deprived of everything, 
 while Theocrines was left to draw indictments contrary to the 
 laws, and to harass numbers of citizens with vexatious actions 
 which he was not qualified to bring. I therefore beseech and 
 implore you all, men of Athens, to listen to me with favour ; 
 first, because I am prosecuting in obedience to my father, 
 and in order to redress his wrongs ; secondly, because I am 
 both young and inexperienced, so that I must think myself for- 
 tunate, if by your favour I am enabled to reveal what Theo- 
 crines has done ; and in addition to this, men of the jury, 
 because I have been betrayed (the truth shall be told you) by 
 persons who, after being trusted by me on account of their 
 enmity to Theocrines, after hearing the facts and promising 
 to co-operate with me in this cause, have now left me in the 
 lurch and settled with my adversary, so that I shall not have 
 even an advocate to plead for me, unless some of my relations 
 should be kind enough to assist me. 
 
 The defendant was liable to many criminal informations, 
 and had transgressed (as it appeared) all the laws to which that 
 process appertains : but the most remarkable of his acts we 
 found to be the presentment concerning the merchant vessel, 
 and therefore my father put that in the information which he 
 gave me. First he shall read you the statute concerning 
 those who make presentments and then compromise instead 
 of proceeding with them according to law : I think I ought 
 to commence the case with this : afterwards you shall hear 
 the presentment itself, which Theocrines drew up against 
 Micion. Read. 
 
 [The law.] 
 
 This statute, men of the jury, expressly prescribes to those 
 who undertake either to prefer indictments or to present or 
 to do any other of the things mentioned in the statute, on 
 
220 THE ORATIONS OF DEMOSTHENES. 
 
 what conditions each of these proceedings is to be resorted to. 
 These are, as you have learned from the words of the statute 
 that, if a man shall prosecute his charge and not obtain a 
 fifth part of the votes, he shall pay a thousand drachms ; and 
 likewise if he does not prosecute, Theocrines, he shall pay a 
 thousand drachms, in order that no one may commence 
 vexatious proceedings, or make a job for himself and com- 
 promise the interests of the state with impunity. 
 
 Now I say that Theocrines (in the words of this informa- 
 tion) is liable for having presented Micion of Chollidee, and 
 then having sold the case for a bribe instead of prosecuting 
 it. And this I think I shall prove clearly. Undoubtedly, 
 men of the jury, Theocrines and his friends have tried all 
 they could to tamper with the witnesses, and to induce 
 them, either by threats or persuasion, not to give evidence. 
 However, if you will support me as you ought to do, and 
 command them, or rather join me in compelling them, either 
 to depose or take the oath of disclaimer, and if you will not 
 permit them to trifle with the court, the truth will be dis- 
 covered. Kead first the presentment, then the depositions. 
 
 [The presentment.] 
 
 This presentment, men of the jury, the defendant gave in 
 after citing Micion to appear : it was received by Euthyphe- 
 mus, secretary to the Overseers of the Emporium. 1 The 
 presentment was hung out for a long time before the board- 
 room, until the defendant, upon receipt of a sum of money, 
 allowed it to be struck out, when the magistrates called him 
 to attend the hearing before them. To prove the truth of 
 these statements, first call Euthyphemus, who was secretary 
 to the board. 
 
 [The deposition.] 
 
 Now read the evidence of those who saw the presentment 
 hung out. Read. 
 
 [The deposition] 
 
 Call now the Overseers of the Emporium, and Micion him- 
 self, against whose vessel he gave in the presentment ; and 
 read the depositions. 
 
 [The depositions] 
 
 1 See vol iv. page 201. 
 
AGAINST THEOCRINES. 221 
 
 That Theocrines gave in a presentment against the vessel 
 of Miciou, and that his presentment was hung out for a long 
 time, and that, when he was called to a hearing before the 
 magistrates, he did not attend or proceed with the case, is 
 testified, as you have heard, men of the jury, by witnesses 
 who had the best means of knowledge. That he is liable not 
 merely to the fine of a thousand drachms, but also to arrest 
 and the other punishments to which this statute subjects any- 
 one who wilfully prefers a false charge against merchants and 
 shipowners, you will easily gather from the law itself. For 
 the proposer of the law, being desirous that those merchants 
 who had committed offences should not escape, and that those 
 who were innocent should not be exposed to annoyance, posi- 
 tively forbade this class of people to present them as offenders, 
 unless there were good ground for believing that the facts 
 charged in such presentment could be established before you : 
 and if any pettifogging person infringes the law, he is liable 
 to criminal information and imprisonment. But it is better 
 to read the law itself : it will explain the thing more clearly 
 than T can do. 
 
 [The law.] 
 
 You hear, men of the jury, what penalty the law imposes 
 on the wilfully false accuser. If then Micion had committed 
 any of the offences which Theocrines charged in the present- 
 ment, and Theocrines has compromised the affair and settled 
 with that person, he is guilty of a crime against the state, 
 and justly incurred the penalty of a thousand drachms. But 
 if Micion only sailed where he lawfully might (for let this be 
 taken either way that he pleases) and yet Theocrines presents 
 and cites him as a criminal, he then " wilfully prefers a false 
 charge against a shipowner," and has violated not only the 
 former law, but also the one which was last read, and has 
 convicted himself of being thoroughly dishonest both in 
 word and deed. For what man would have relinquished that 
 share of the money which he could have got by proceeding 
 honestly according to law, and rather chosen to make a 
 trifling gain by a compromise and render himself amenable 
 to the statutes, when it was in his power, as I said just now, 
 to obtain half the forfeiture under the presentment ? No one 
 would do so, men of the jury, if he were not conscious that 
 his charge was groundless and vexatious. 
 
222 THE OKATIONS OF DEMOSTHENES. 
 
 These are two laws, men of Athens, which have been 
 infringed by this person who indicts others for illegal mea- 
 sures. There is a third law which he has violated, which 
 enacts that any citizen who pleases may lay informations 
 against those who are indebted to the treasury, or against 
 those who are indebted to Pallas or to any other of the Gods 
 or any of the heroes. Now it will be shown, that the de- 
 fendant owes a sum of seven hundred drachms, which at his 
 audit he was condemned to pay to the hero of his tribe. 1 
 Please to read just that part of the law. 
 [The law.] 
 
 Stop. Do you hear, Theocrines ? What does it say 1 
 "Or to any of the heroes." Now read the deposition of 
 the tribesmen. 
 
 [The deposition.] 
 
 It's very likely, men of the jury, that he'd care for a few 
 persons, or for people who (like Micion) are most of their time 
 out at sea, when he was neither ashamed nor afraid to act 
 thus to his fellow-tribesmen who were on the spot, in the first 
 place, by administering their finances in such a way that they 
 convicted him of embezzlement, and secondly, when he had 
 been fined and was well aware that the laws forbade him to 
 prefer indictments till he had paid the fine, by setting the 
 laws at defiance, as if he were superior to them, and an ex- 
 ception to the rule that state-debtors are debarred from the 
 exercise of civic rights. 
 
 He will assert indeed that it is his grandfather, and not 
 himself, who is entered in the register of debtors ; and he 
 will have a great deal to say upon this point, and try to make 
 out that it was his grandfather. I myself cannot say for 
 certain, which of the two it was : but, supposing it to be as the 
 defendant will assert, I think that in that case you will be more 
 imperatively called upon to convict him. For if his grandfather 
 was a state-debtor a long time ago, and, though the law 
 makes him his grandfather's heir, and he was bound long ago 
 to have abstained from preferring indictments, he still prefers 
 them ; and if he expects to get off on this account, that he is 
 a scamp of the third generation ; his plea will not be a good 
 one, men of the jury. 
 
 1 See volume iv. appendix i. page 305. 
 
AGAINST THEOCRINES. 223 
 
 To prove that it is admitted by Theocrines himself that the 
 debt is his own, and that he made an arrangement with the 
 tribesmen for his brother and himself to pay it by instal- 
 ments, and that a conscientious jury could not possibly acquit 
 him on this information please to take the decree which 
 Scironides moved at the tribe-meeting. 
 
 {The decree part read.~\ 
 
 Theocrines the defendant came and admitted the debt and 
 promised to pay it in the presence of the tribesmen, when he 
 found that we were coming and intended to take a copy of 
 what was entered in the book. 
 
 [The rest of the decree.'] 
 
 The members of the Leontian tribe, who compelled Theo- 
 crines to pay the seven minas, are somewhat more deserving of 
 your commendation, men of Athens, than Theocrines himself. 
 
 There is also a fourth law ftbr I confess that I have 
 inquired into most of this mans concerns) according to 
 which the defendant Theocrines owes five hundred drachms 
 to the state on the following account. His father had not 
 paid a judgment to that amount, to which he was sentenced 
 for having asserted the freedom 1 of a maid servant of Cephi- 
 sodorus, but had so arranged the matter with Ctesicles the 
 speech- writer, who was retained for his opponents, that he 
 should neither pay the debt, nor be registered as debtor in 
 the Acropolis. Notwithstanding this, I take it, Theocrines is 
 still a debtor according to law. It is not because Ctesicles, 
 the resident alien, has agreed with this man, who was as great 
 a rogue as himself, that a person sentenced to pay a penalty 
 according to law shall not be delivered over to the collectors 
 it is not on this account that the state is to be deprived of 
 the penalties which have been legally imposed. The parties 
 to a suit may come to what terms they please in their own 
 private matters ; but in matters which concern the public 
 they can only make such arrangements as the laws allow. 
 
 Please to read the law, which declares that half of the 
 penalty shall be payable to the public treasury by any person 
 who is adjudged to have unlawfully asserted the freedom of a 
 slave. Then read the deposition of Cephisodorus. 
 
 [ The law. The deposition]. 
 1 See the Archaeological Dictionary, title 'E|aipe'cro 
 
224 THE ORATIONS OF DEMOSTHENES. 
 
 Now read that law, which declares that the party shall be 
 deemed a debtor from the day when he incurred the fine, 
 whether he has been entered in the public register or not. 
 
 [The law.] 
 
 In what other way, men of the jury, is an honest prosecutor 
 to show, that the information has been rightly brought 
 against Theocrines, and that he is not only liable to the 
 penalty of the thousand drachms claimed in the information, 
 but also to several other penalties 1 It seems to me that no 
 better proof could be devised. For of course you cannot 
 expect Theocrines himself to confess that he is indebted to 
 the treasury, and that the information has been justly 
 laid against him. On the contrary, you may be sure he 
 will say anything rather than that ; he will make all 
 kinds of imputations on his accusers, alleging that he is 
 assailed by a cabal, and that he has been brought into this 
 peril on account of the indictments which he has preferred 
 against others for illegal measures. It is the last resource of 
 persons who are convicted on the merits of the case, to invent 
 calumnies and excuses, to make you forget the question before 
 you and listen to arguments foreign to the charge on the 
 record. I can only say, men of the jury; had I seen in the 
 statutes which have been read to you a clause such as this 
 " the enactments aforesaid concerning false accusers shall be 
 in force, unless Theocrines, when an information is laid 
 against him, shall be pleased to denounce Thucydides or 
 Demosthenes or some of other of our statesmen" I should 
 have kept myself quiet. But I find no excuse of this kind 
 noticed in the laws, nor is it even new, so as to be worth your 
 attention because heard for the first time ; on the contrary, 
 it has been advanced a thousand times before by people on 
 their trial. And I am informed, men of Athens, by those 
 who are older than myself, that in truth no breaker of the 
 laws ought to obtain pardon, but, if any pardon ought to be 
 allowed, it should be, not to habitual delinquents, nor to 
 those who betray the laws from corrupt motives, (that would 
 be most unseemly,) but to those who, for want of experience 
 in such matters, transgress some clause of a statute unin- 
 tentionally. Surely no one can say that Theocrines the 
 defendant belongs to the last class of persons ; on the con- 
 
AGAINST THEOCRINES. 225 
 
 trary, it must be admitted, that there is no part of the laws 
 with which he is unacquainted. 
 
 You must watch him therefore, having regard neither to 
 my words nor to those which he will address to you. For it 
 is not right that you, who sit here to administer the laws, 
 should give your attention to long speeches and accusations, 
 but to such only as you can easily follow, and by the help of 
 which you will be thought by all your countrymen to have 
 decided this information in a manner worthy of the laws : 
 and you should put plain questions such as these " What 
 do you mean, Theocrines, and you that follow the same courses 
 that he does 1 Do you require us, who have sworn to decide 
 according to the laws, to give our verdict contrary to the 
 laws on account of your speeches ? and this, when Micion, 
 against whom the defendant Theocrines made his presentment 
 and did not proceed with it, has given evidence before us and 
 made himself responsible to these men? and when the 
 secretary acknowledges that he received the presentment 
 from Theocrines, and he also has made himself responsible 
 by virtue of the deposition which was read a few minutes 
 ago? and further, when the overseers of the emporium 
 have, though with great reluctance, borne the same testimony 
 as the other witnesses'? and, in addition to this, when 
 evidence is given, as you have just heard, by persons who 
 saw the presentment exposed to public view, and who went 
 before the magistrates ? It would not be right for you to 
 act in such a way, men of the jury. 
 
 At all events, the life and character of the defendant will 
 not induce you to disbelieve the depositions which have been 
 read. The character of Theocrines shows him to be what I 
 .say still more clearly than the evidence. For what is there 
 which a rogue and a pettifogger would do, which he has not 
 done? Was not his brother, when holding the office of 
 Judge, and acting under his advice, brought into such bad 
 odour with you by the defendant's misconduct, that, when 
 the question was put in the assembly whether he should be 
 continued in office, you not only dismissed him, but deposed 
 the whole board of Judges? 1 And had not his colleagues 
 
 1 At the first assembly of the Prylany, when there was an inquiry 
 into the conduct of the magistrates, called tirixeiporovia, upon which 
 the question was put, whether the people were satisfied with their 
 
 VOL. V. Q 
 
226 THE ORATIONS OF DEMOSTHENES. 
 
 by prayer and entreaty, and by promising that Theocrines 
 should not again come near the board, prevailed on you to 
 restore them their crowns, the greatest disgrace would have 
 been inflicted on them. There is no need for me to call 
 witnesses to prove these facts ; for you all know that the 
 Judges in the archonship of Lyciscus were deposed in the 
 popular assembly through Theocrines. And bearing this in 
 mind, you ought to presume that he is the same person now 
 that he was then. 
 
 Not very long after his dismissal, his brother came to 
 a violent death, and see how he behaved in the affair. He 
 made inquiry after the murderers, and when he discovered 
 who they were, he took a sum of money and abandoned 
 further proceedings. The office of sacrificer, which his 
 brother held when he died, Theocrines assumed contrary to 
 law, not having been drawn for it either originally or in the 
 place of another t 1 and he went about bewailing his brother's 
 cruel fate, and threatening to summon Demochares before 
 the Areopagus, until he compounded with the guilty parties. 
 He's an honest man is he not ? and a trustworthy man, 
 and above all pecuniary considerations ! He won't venture 
 himself to say so. For they say that, whoever means to 
 administer the public affairs with justice and moderation 
 ought not to have so many wants, but should be superior to 
 those temptations which cause people to spend what they get 
 on themselves. 
 
 Such was his conduct in the affair of his brother. It is 
 worth your while to hear how he has managed matters since 
 he applied himself to politics ; for he will say that he loves 
 
 conduct. In the majority of cases this would be merely a matter of 
 form ; but any one was at liberty to prefer a complaint against a magis- 
 trate, and in such case the people, after hearing the charge, decided 
 by show of hands whether the accused person should continue in office 
 or not. 
 
 (See Schomann de Comitiis, 231.) 
 
 Theocrines had been assessor, ndpeSpos, to his brother, one of the 
 Thesmothetse, and had given him advice, by acting upon which the 
 whole board of Thesmothetse got into disgrace, and were deposed upon 
 the tTrixeipoTovia. They were reinstated upon undertaking not again 
 to employ Theocrines as their adviser. 
 
 1 eiriA.axeTi' was the proper term, when a man was drawn for an office 
 in the room of one rejected on his probation. 
 
 See Schomann, Ant. Jur. Publ. Graec. 212, 239. 
 
AGAINST THEOCRINES. 227 
 
 you next to his relations. I will begin with his conduct to 
 us. Upon his accusation of my father, men of the jury, 
 when he was prosecuting the indictment against him for 
 illegal measures, he said that there had been a plot against 
 the boy, concerning whom the decree was drawn ; the decree, 
 I mean, in which my father proposed that maintenance in 
 the Prytaneum should be granted to Charidemus, the son of 
 Ischomachus. Theocrines asserted that, if the boy returned 
 to his paternal family, he would have lost all the estate which 
 JEschylus, his adoptive father, had given him ; the assertion 
 was false ; for such a thing never happened, men of the jury, 
 to any son by adoption. He said also that Polyeuctus, who 
 married the boy's mother, had been the contriver of the whole 
 plot, because he wanted to get the boy's property for himself. 
 The defendant's statement excited the anger of the jurors : 
 they considered that, although the decree itself and the grant 
 were conformable to law, yet that the boy would in fact be 
 deprived of his property, and so they fined my father ten 
 talents, as having conspired with Polyeuctus, and gave credit 
 to the defendant as having vindicated the rights of the boy. 
 Such, or to this effect, were the proceedings in the court. 
 When this worthy person saw that people's minds were exas- 
 perated, and that he himself had been believed, as if he were 
 not a thorough miscreant, he summoned Polyeuctus before 
 the archon, and preferred an indictment against him for mal- 
 treatment of the orphan ; he went so far as to hand the 
 record to Mnesarchides the assessor ; but having received 
 three hundred drachms from Polyeuctus and sold for a 
 trifling pittance those grievous charges, for which he esti- 
 mated the penalty in my father's case at ten talents, he aban- 
 doned his proceedings, withdrew the indictment, and betrayed 
 the orphan. Please to call the witnesses who prove these 
 things. 
 
 [ Witnesses."] 
 
 If my father had been well off, men of the jury, and able 
 to provide a thousand drachms, he would have got entirely 
 quit of the indictment for illegal measures. That was the 
 sum the defendant asked. Please to call Philippides of 
 Pseania, to whom the defendant Theocrines made this state- 
 ment, and the other persons who are aware of his having 
 made this statement. 
 
 Q2 
 
228 THE ORATIONS OF DEMOSTHENES. 
 
 [ Witnesses.] 
 
 That Theocrines, if he had been offered the thousand 
 drachms, would have withdrawn the indictment against my 
 father, I think, men of the jury, you would all be satisfied, 
 even if no witness had deposed to it. That he has sum- 
 moned many other persons and preferred indictments against 
 them and then compromised the indictments, and that he is 
 in the habit of compounding such matters for a small sum of 
 money, I will prove to you by calling the very persons who 
 paid such money, that you may not believe his assertion that 
 it is he who watches the framers of illegal measures, and that, 
 when indictments for illegal measures are put a stop to, the 
 democracy is overthrown, (for such is the way in which 
 people who sell everything are accustomed to talk). Please 
 to call Aristomachus, the son of Critodemus, of Alopece ; for 
 he gave, or rather in his house was given, the mina and a 
 half to this incorruptible person, on account- of the decree 
 which Automedon drew up for the people of Tenedos. 
 [The deposition.] 
 
 Now read the depositions of the other persons to the same 
 effect, in the order in which I have given them, and that of 
 Hyperides and Demosthenes. This is really a monstrous 
 thing, that the defendant should be glad to get money by selling 
 indictments from persons whom no one else would think of 
 asking for money. 
 
 [The depositions.'] 
 
 Theocriues will say presently, that the information has 
 been laid against him on this account, that he may not pro- 
 ceed with his indictment against Demosthenes, or with that 
 which he preferred against Thucydides ; for he is clever 
 at lying and talking nonsense. I, men of the jury, have 
 examined this matter among others, and I will satisfy you 
 that the state will not suffer the slightest disadvantage, 
 whether the decree of Thucydides be ratified or whether it be 
 annulled. In truth, it is not right to offer such defences to a 
 jury who are sworn to decide according to the laws : however, 
 you will see presently from the indictment itself, that it was 
 intended to be set up as an answer to the information. Eead 
 these indictments. 
 
 [The decrees. The indictments.] 
 
AGAINST THEOCRINES. 229 
 
 Whether these decrees 1 are left to stand, or whether they 
 are condemned, men of the jury, (for it makes no difference 
 to me,) what does the state gain or lose ? Nothing, in my 
 opinion. They say that the JEnians pay no regard to our 
 commonwealth, and that this has been brought about by the 
 defendant Theocrines. For being assailed by his calumnies 
 at that period, when some of them were philippizing and 
 some atticizing, and hearing that the decree had been indicted 
 as illegal, which Charinus had indicted before, that (namely) 
 concerning the contribution, which Thucydides moved, and 
 that there was no bringing the matter to an issue, as, although 
 the people consented to take from the ^Enians the contribu- 
 tion which they had agreed for with Chares the general, this 
 miscreant had undertaken to co-operate with the traitor 
 Charinus ; they took that course to which they were driven 
 by necessity, and of the evils which were before them chose 
 the least. How must they have been harassed by the persons 
 who were bringing indictments here, when they deemed it 
 advisable to revolt from us, and to receive a garrison and 
 submit to barbarians ? But you alone, I take it, are able to 
 endure the wickedness of these persons ; no other Greeks can 
 tolerate it. 
 
 That neither on account of the indictments which have 
 been read nor for any other reason ought you, in breach of 
 the laws concerning criminal informations, to acquit Theo- 
 crines, is pretty clear by what has been stated already. I 
 fancy however, men of the jury, that you are quite alive to 
 the nature of these men's excuses and their accusations and 
 pretended quarrels. For you have seen them often enough in 
 the courts and on the platform professing to be personal 
 enemies, and then in private following the same occupations 
 and sharing their gains ; at one time bespattering each other 
 with the foulest insult and abuse, and in a little time after 
 feasting together 2 and taking part in the same sacrifices. And 
 you need hardly be surprised at any of these things ; for the 
 men are naturally base, and they see that you allow of such 
 
 1 " De jEniis levandis nimio onere TTJS Gwrdi-ews." Schafer, citing 
 Bockh, (Econ. Polit. Athens, i. 451. 
 
 2 Pabst, adopting Schiifer's reading, ffvv^Ka.rl^ovra.s. " Familienfeste 
 zusammen feierten." 
 
230 THE ORATIONS OF DEMOSTHENES. 
 
 excuses ; why therefore should they not resort to them and 
 try to deceive you ? 
 
 Upon the whole, I deem it to be your duty, men of the 
 jury, keeping in view simply the question in the cause, to 
 see whether my arguments are just and conformable to law, 
 and then to afford me redress, without caring whether it is 
 Demosthenes who prosecutes or only a youth ; and not to 
 consider that the laws ought to have greater effect, when 
 they are exhibited before you with the ornaments of rhetoric, 
 than when they are recited in ordinary language, but to 
 regard them as invariably the same ; and you should be the 
 more ready to succour the young and inexperienced, as they 
 are less likely than others to deceive you. 
 
 That it is just the reverse of what Theocrines asserts 
 that it is not he, but I, who am oppressed by a faction, and 
 that, after promises by certain people to help me in the cause, 
 I have been betrayed through the leagues formed by these 
 men will be clear to you from what I am about to do. Let 
 the crier here call Demosthenes. He will not come up. The 
 reason is, not that I have been persuaded by certain people 
 to lay an information against Theocrines, but that Theocrines 
 and the person just called have settled their differences. And 
 to prove the truth of this, I will compel both Cleinomachus, 
 who brought them together, and Eubulides, who was with 
 them at Cynosarges, to give evidence : at the same time I 
 will produce what you will all acknowledge to be, not a 
 weaker, but a stronger proof than the former, in confirmation 
 of my statement. Theocrines, when prosecuting for an illegal 
 measure this odious fellow (as he will call him by and by), 
 the cause of his present troubles, publicly discharged him 
 from the indictment, in which he had laid the penalty at ten 
 talents. How 1 you will ask. By no new device, but as other 
 people of his class have done it. When the indictment was 
 called on, some one made an affidavit to put off the trial, on 
 the ground that Demosthenes was ill Demosthenes, who was 
 then going about and abusing ^Eschines ! Theocrines allowed 
 this enemy's excuse, and neither then made a counter- 
 affidavit, nor has since given notice of trial. Do they not 
 manifestly impose on you, when you give ear to them under 
 the impression that they are personal enemies ? Head the 
 depositions. 
 
AGAINST THEOCRINES. 231 
 
 [Depositions.'] 
 
 Even you then, men of the jury, should not listen to those 
 persons, who will pretend to be advocates for Theocrines on 
 account of their enmity to Demosthenes. You should require 
 them, if they are really the enemies of Demosthenes, to in- 
 dict him themselves, and not allow him to frame illegal 
 decrees. Eemember, these persons are as clever speakers as 
 Theocrines, and have more credit with you. They will not 
 do what I say, however. Why ? Because, men of the jury, 
 they pretend to be at war with one another, when they are 
 not at war. 
 
 With respect to the enmity of these persons you can give 
 me fuller information than I can give you. I should be glad 
 however to ask Theocrines in your presence, if he were likely 
 to give me an honest answer, what he would have done (as he 
 says that his vocation is to put down the framers of illegal 
 decrees), if any one had addressed the whole body of citizens 
 in the assembly, and carried a decree, enabling those who 
 were disfranchised and indebted to the treasury to indict, to 
 present, to lay informations, in short, to do all the things 
 which the law now forbids them to do 1 I should like to ask, 
 whether or not he would have indicted the person who moved 
 that decree for an illegal measure ? Should he say that he 
 would not indict, how can you believe him, when he declares 
 that he keeps a watch over the framers of illegal decrees ? 
 If he would indict, is it not scandalous when he would pre- 
 vent a decree moved by another person from being finally 
 established, so that all people may not have this privilege 
 when he would prevent the thing by preferring an indict- 
 ment, and annexing to it the very words of the laws yet that 
 now he himself, without having persuaded the people, or 
 made the thing open to the whole body of citizens, draws 
 indictments in spite of the prohibition of the laws 'I And he 
 will say presently, that he is cruelly treated if he is not at 
 liberty to do these things, and he will rehearse the statutory 
 penalties to which he will be liable on conviction. To think 
 then that he should pay no regard to the laws, but expect to 
 have such a privilege conceded to him by you, as no one has 
 ever ventured to ask for ! 
 
 That on the information itself neither Theocrines nor any 
 of his advocates will have a single argument to urge, I think 
 
232 THE ORATIONS OF DEMOSTHENES. 
 
 you are all pretty well assured. I fancy however, they will 
 try to make this point, that there are no informations against 
 persons who are not registered in the Acropolis, and that you 
 cannot consider those as debtors, whose names have not been 
 delivered over to the collectors ; as if you would be ignorant 
 of the law, which declares that a man shall be considered a 
 debtor from the day on which he has incurred the penalty, or 
 on which he has transgressed the law or the decree ; or as if 
 it were not manifest to all, that there are many ways in which 
 people are indebted to the treasury, or in which people who 
 obey the laws satisfy such debts ! This indeed is manifest 
 from the statute itself. Please to take this law again. 
 
 [The law] 
 
 Do you hear, you odious beast, what the statute says 1 
 " From the day on which he has incurred the penalty or 
 transgressed the law." Those are the words. 
 
 I am told that they intend also to produce the law, which 
 requires that so much as is paid upon any debt shall be 
 struck out of the register, and they will ask, how any part 
 can be struck out when the debt is not entered at all in the 
 register ; as if it were not plain that this enactment applies 
 to registered debtors, while the case of debtors who are not 
 registered is provided for by the other enactment, which says 
 that they shall be considered as debtors from the day on 
 which they have incurred the penalty, or transgressed the 
 law or the decree ! Why then, says he, do you not indict 
 me, who am indebted and not registered, for non-insertion 1 in 
 the register ? Because the law declares that indictments for 
 non-insertion in the register shall lie, not against unregistered 
 debtors, but where persons, who have been registered and 
 have not paid their debt to the state, have their names 
 expunged. Take and read me the law. 
 
 [The law.] 
 
 You hear the law, men of the jury, which says expressly 
 that, if any debtor to the treasury shall have his name 
 expunged without having paid his debt to the state, an 
 indictment for non-insertion in the register may be brought 
 against him before the judges, but not against a debtor who 
 1 See Arch. Diet. dypa<f>lov ypa<f>ij. 
 
AGAINST THEOCRINES. 233 
 
 has never been registered : such a person it makes liable to 
 an information and other legal proceedings. Why do you 
 tell me, Theocrines, of all the possible ways in which one may 
 punish one's enemies, instead of justifying yourself in this 
 cause in which you are made defendant ? 
 
 Mcerocles, men of the jury, who framed the decree against 
 people who injure merchants, and who persuaded your allies 
 as well as you to take preventive measures to put down 
 robbers and pirates, will not be ashamed presently to speak 
 in defence of Theocrines, in opposition to his own decrees, 
 and will be bold enough to advise you, that you ought not 
 punish but to acquit a man, who has been thus clearly con- 
 victed of preferring unjust charges against merchants ; as if he 
 had for this reason proposed to clear the sea of robbers, that 
 seamen, after escaping the perils of navigation, might pay 
 money to these persons in the harbour ; or as if it made any 
 difference to merchants, that after the completion of a long 
 voyage they should fall into the hands of Theocrines. I 
 humbly think, though accidents at sea are owing, not to you, 
 but to your generals and commanders of the convoy, yet 
 that mishaps in the Piraeus and before the magistrates are 
 owing to you, who have all these persons under your con- 
 trol. Therefore it is more necessary to watch those who 
 transgress the laws at home, than those who disobey your 
 decrees abroad, that you may not yourselves be thought to 
 regard such things with indifference, and to connive at the 
 doings of these men. For surely, Mcerocles, we shall not 
 now compel the Melians to pay ten talents under your 
 decree because they harboured the pirates, and yet acquit 
 this man, who has violated both your decree and the laws 
 which uphold our commonwealth. And when we prevent the 
 islanders from doing wrong, against whom we must man our 
 ships of war in order to recall them to their duty, surely you 
 will not permit these miscreants to escape, when you have 
 only to sit here and inflict punishment on them according to 
 the laws. You will not do so at least if you are wise. Read 
 the pillar. 
 
 [The pillar]. 
 
 Upon the laws and the circumstances of the case I can 
 have but little to add ; for I think that you have been fully 
 
234: THE ORATIONS OF DEMOSTHENES. 
 
 informed of all the particulars. I will only implore you for 
 justice on behalf of my father and myself, and then I will come 
 down and trouble you no further. I conceived, men of the 
 jury, that I was bound to redress my father's wrongs : under 
 the impression that this was just, I laid the present informa- 
 tion, as I stated to you in the beginning. I was quite aware 
 that those inclined to calumniate me would find grounds of 
 attack on the score of my youth, while from others I expected 
 praise and commendation for 'undertaking to punish my 
 father's enemy. I considered however, that, although the 
 result with my hearers might depend upon accident, my duty 
 was to obey my father's injunction, especially as it was a just 
 one. For when ought I to redress his wrongs? Ought I 
 not to do it now, when I have the opportunity of avenging 
 him according to law, when I myself am sharing my father's 
 misfortune, and when my father is left in this desolate and 
 forlorn state ? For, in addition to our other misfortunes, this, 
 men of the jury, has befallen us. Everybody urges us on, 
 and expresses sympathy for what has happened, and says 
 that we have been cruelly treated, and that the defendant is 
 liable to the information ; but none of these people who talk 
 thus like to co-operate with us, and they all say that they do 
 not wish openly to quarrel with Theocrines. So few people 
 are there who love justice well enough to speak their minds 
 freely. Among many misfortunes, men of the jury, which 
 have befallen us in a short period through the defendant 
 Theocrines, the most grievous of all is this that my father, 
 who is the sufferer, and could disclose to you the cruel and 
 illegal acts of Theocrines, must of necessity hold his tongue, 
 (for the laws compel him,) and I, who am not equal to the 
 task, 1 am obliged to come forward ; and, while other persons 
 of ray age are assisted by their fathers, my father rests all his 
 hopes on me. 
 
 Engaged as I am in such a contest, I beseech you to lend 
 me your assistance, to prove to all, that, whether a youth or 
 an old man or a person of any other age, has recourse to you 
 and to the laws, he will obtain perfect justice. For it is not 
 right, men of the jury, that you should put either the laws or 
 yourselves in the power of the orators ; you should rather 
 
 1 Pabst "der ich alien solchen Geschaften noch nicht gewachsen 
 bin." 
 
A.GAINST THEOCRINES. 235 
 
 keep the orators under your control, and make a distinction 
 in your judgment between those who speak well and cleverly, 
 and those who speak justly ; for it is justice that you have 
 sworn to decide by your verdict. I am sure no one will per- 
 suade you, that there will ever be a lack of orators like the 
 defendant, or that the commonwealth will on such account be 
 worse administered. On the contrary it is said, as I am told 
 by people older than myself, that the commonwealth most 
 flourished when moderate and discreet men directed her 
 affairs. For let me ask : Will you find useful counsellors in 
 these persons ? That can hardly be, when they never speak 
 in the assembly, but only get money by indicting those who 
 do speak there. And therefore it is a surprising thing, that, 
 living as they do by pettifoggery, they tell you they get 
 nothing from the state, and, though they possessed nothing 
 when they came to you, now that they are well off, they don't 
 even thank you, but go about saying that the people are 
 unstable, useless, ungrateful, as if you prospered through 
 these men, not they through the people. But in truth they 
 have reason for saying this, when they observe your negli- 
 gence ; for you have never punished any of them as their 
 baseness deserves, but you allow them to say, that the safety 
 of the democracy is secured by the agency of men who bring 
 indictments and vexatious actions, than whom there is not a 
 more pernicious class in existence. For in what way can you 
 find them serviceable to the state? Perhaps, they chastise 
 wrong-doers, and through them the number of wrong-doers is 
 diminished. Not at all, men of the jury; the number is 
 increased ; for people who are disposed to do evil, knowing 
 that they must give a portion of their gains to these men, are 
 compelled to seek larger plunder from the public, in order 
 that they may have enough to spend upon these men as well 
 as themselves. Against other malefactors or mischievous 
 people there are various ways of defending ourselves : we may 
 put a guard over our household effects to preserve them; 
 or we may stay at home at night to escape injury ; in some 
 way or other, in short, we may always take precautionary 
 measures to defeat the plots of ill-disposed people. But 
 against pettifoggers like the defendant where can one go to 
 obtain security ? Things that afford protection from other 
 injuries are means of traffic for these persons ; I mean laws, 
 
236 THE ORATIONS OP DEMOSTHENES. 
 
 courts of justice, witnesses, assemblies ; in which these per- 
 sons display their peculiar power, treating those who offer 
 them money as their friends, and quiet and wealthy people as 
 their enemies. 
 
 Remember then, men of the jury, the wickedness of these 
 men ; remember also our ancestors, of whom Epichares, my 
 grandfather, was victorious at Olympia in the footrace of boys, 
 and won a crown for the state, and, when he died, left behind 
 him an honourable name with your ancestors; xvhile we, 
 through this execrable person, are deprived of our franchise 
 in that state, in behalf of which Aristocrates, the son of 
 Scellius, the uncle of my grandfather Epichares, whose name 
 is borne by my brother who is here in court, performed many 
 noble actions during the war between Athens and Lacedse- 
 mon, and (among other things) having razed to the ground 
 Eetionea, 1 into which the faction of Critias f/ere about to 
 receive the Lacedaemonians, demolished the fortress which 
 was raised against us, and restored the people to their country, 
 himself incurring perils not such as this which I am incurring, 
 but perils in which even disaster is glorious; and he put 
 down those who were forming conspiracies against you. For 
 his sake you might reasonably have preserved us, if we had 
 resembled the defendant Theocrines ; I need not say, when 
 we are better persons than he is, and have a just cause. 
 We will not trouble you by constant repetition of these 
 things ; for the defendant has put us in such a position, that, 
 as I stated in the outset, we have not even a hope of enjoying 
 that privilege of speech which is accorded to aliens. 
 
 In order then that, if we can get nothing else, we may have 
 at least the consolation of seeing the defendant remain quiet, 
 I beseech you to give us redress; to have compassion on 
 * those members of our family who have died for their country; 
 to compel Theocrines to make his defence on the question 
 raised by the information, and judge his speech with the 
 same severity which he adopted as our accuser. For he, after 
 deceiving the jury, refused to propose any moderate penalty 
 for my father, though I made many entreaties, and fell at his 
 knees in supplication ; but, as if my father had betrayed the 
 commonwealth, he proposed that my father should pay a 
 
 i See Thucydides, viii. 8992 ; from which it would appear that the 
 orator refers this act of Aristocrates to the wrong period. 
 
AGAINST NE^JRA. 237 
 
 penalty of ten talents. I therefore implore and beseech you 
 to pronounce a righteous verdict. 
 
 Come forward any one, that has anything to say, and plead 
 for me. Step up on the platform. 
 
 THE ORATION AGAINST NE^IRA. 
 
 THE ARGUMENT. 
 
 THERE was a law at Athens, enacting that any foreign woman, who 
 lived in wedlock with a citizen should, upon conviction, be sold for a 
 slave ; and the man who lived with her was subjected to a penalty of 
 a thousand drachms. Under this law Neaera was indicted for having 
 lived with Stephanus and passed as his wife ; she not only being a 
 foreigner, but having been from her girlhood a slave and a prostitute. 
 
 The prosecution is got up by Apollodorus and his brother-in-law, The- 
 omnestus, in revenge for former injuries done them by Stephanus. 
 He had indicted Apollodorus for having moved a decree enabling 
 the Athenians to apply their surplus revenue to military purposes, 
 and on that indictment he had procured his conviction and sentence. 
 (See volume iii. p. 370.) He had also brought a false accusation of 
 murder against Apollodorus, upon which he was acquitted. Theom- 
 nestus, in revenge for this, instituted the present proceeding, accusing 
 Stephanus not only of having lived in wedlock with Neaera, but of 
 having entered her sons as his own in the registers of his clan and 
 township, and of having twice given her daughter in marriage to 
 Athenian citizens. 
 
 Theomnestus having briefly opened the case, Apollodorus comes for- 
 ward as advocate, and states the history of Neaera's life, her con- 
 nexion with Stephanus, and the various illegal acts of which they 
 were guilty. 
 
 Neaera, at a very early age, was one of seven girls in the establishment 
 of Nicarete, a procuress at Corinth. Here she had several lovers who 
 took her into partial keeping, till she was purchased by two persons, 
 Timanoridas and Eucrates. From them she was redeemed by the aid 
 of Phrynio, a profligate young Athenian, who removed her to Athens, 
 and then lived with her in a most indecent manner, till she, irritated 
 by his ill usage, ran away, taking with her some of his effects, to 
 Megara. After residing there two years, she fell in with Stephanus, 
 who brought her back to Athens, promising to live with her as his 
 wife and bring up her three children as his own. Phrynio, discover- 
 ing that she was in Athens, claimed her as his slave and took legal 
 proceedings to get possession of her; Stephanus resisted, and the 
 dispute was referred to arbitrators, who decide that Neaera was a free 
 woman, but that she should restore to Phrynio his property, and that 
 she should live with him and with Stephanus alternate days. Phrynio 
 seems shortly after to have abandoned his privilege, and Nesera re- 
 
238 THE ORATIONS OP DEMOSTHENES. 
 
 sided exclusively with Stephanus, who made a living by her prostitu- 
 tion, sometimes extorting money from rich lovers under pretence of 
 their being caught in adultery with a married woman. He repre- 
 sented her children to be his own, introducing the two sons to the 
 members of his clan and township, and giving her daughter, Phano, 
 in marriage to an Athenian citizen named Phrastor, who afterwards, 
 discovering the imposture, put her away, and when Stephanus sued 
 him for alimony, as he had not returned her portion, preferred an 
 indictment against Stephanus for giving a foreign woman in marriage 
 to him. Stephanus was glad to compound the matter by dropping 
 his action. Phrastor had a child by Phano, whom he was persuaded 
 to introduce to his clan and family, but the members of the family 
 rejected him, and Phrastor dared not take an oath affirming the 
 child's legitimacy. Phano, while in the house of Stephanus, followed 
 her mother's practices. An anecdote is related of one Epsenetus, an 
 Andrian, who being caught in Phano's bedroom by Stephanus, and 
 charged with adultery, promised to pay him thirty minas and gave 
 sureties for that sum, but afterwards discovered the fraud, and in- 
 . dieted Stephanus for false imprisonment ; the case was referred and 
 compromised. Phano was a second time given in marriage to Theo- 
 genes, the king-archon, who had appointed Stephanus to be his 
 assessor. The wife of the king-archon was required by law to be a 
 person of pure Attic blood, and to have been married a virgin, as she 
 had to officiate at some of the most solemn sacrifices. (See volume 
 iii. page 258.) That such a person as Phano should even be present 
 at any such ceremony, was a breach of the law, she being an adulteress, 
 who was excluded from the temples and public worship : (volume iii. 
 page 348.) The Areopagites, learning who Phano was, imposed a fine 
 on Theogenes, and censured him in private : he then put his wife 
 away, and dismissed Stephanus from his office of assessor. 
 
 Apollodorus, after stating these various facts, reminds the jury of the 
 great care which the laws took to preserve the purity of Attic 
 descent, and to allow none but meritorious persons to receive the 
 gift of citizenship. Stephanus had fraudulently conferred civic rights 
 on persons of the most infamous character, thereby not only breaking 
 the law, but disgracing the city and insulting the gods. It was 
 necessary to bring these parties to justice, for the sake of example, 
 and to preserve the public morality. 
 
 The defence expected to be set up by Stephanus was, that he had kept 
 Neaera as a concubine only, and that the children were not hers, but 
 his by a deceased wife of Athenian birth. Apollodorus produces 
 evidence to confute this assertion. 
 
 This Stephanus is not the same as the one sued by Apollodorus for 
 false testimony, as appears from internal evidence. 
 
 The oration, though probably not the work of Demosthenes, is thought 
 to be a genuine production of some contemporary, and to present a 
 correct picture of the vices of the day. Here Becker found a good 
 part of the materials for scene ii. of his Charicles. The connexion of 
 Demosthenes with Apollodorus, and the mention of him as a witness 
 in the cause, may perhaps have been the reasons why the speech was 
 ascribed to him. Most of the ancient critics, as Dionysius, Photius, 
 
AGAINST NE^ERA. 239 
 
 Harpocration, Libanius, consider the oration to be spurious; and 
 modern critics in general, excepting Reiske and Auger, concur in that 
 opinion. 
 
 Taylor says : 
 
 "Si auctoritati cedendum esset, nulla foret inter orationes Demosthe- 
 nicas, quam tanta facilitate expungi sinerem, quanta illam, quam jam 
 tractare incipio. Pleni sunt antiquorum criticorum libri gravissimis 
 de ista causa suspicionibus. 
 
 " Me profecto non pudet dicere, opus esse putidissimum, nullius aut 
 decoris aut gravitatis : et praeter naevos orationis, quibua passim 
 scatet, nihil ibi dictum quod lectorem percellere aut allicere aut 
 morari demum potest. Est autem oratio satis antiqua et videtur ad 
 usum forensem fuisse conscripta, non ad ostentationem aut ad imita- 
 tionem concinnata. Passim inter adnotandum suspiciouibus meis 
 auctoritatem addidi, inde lector meus jndicium capere poterit, 
 jure an injuria agam, cum hsec futilia non amplectar." 
 
 Reiske : 
 
 "Nihil video causse cur haec oratio Demostheni abjudicetur, neque re- 
 perio in tota hac oratione quicquam oratore nostro indignum, cui 
 earn omni modo ereptum it Taylorus, sed meras ille nugas agens." 
 
 Auger : 
 
 "D'auciens critiques ne pensent pas que ce discours soit de De'mosthene; 
 ils le tiennent trop foible et trop lache. II est vrai qu'il y a des lon- 
 gueurs ; la digression sur les Flattens sur-tout est trop de'taille'e : 
 cependant il n'est pas indigne de De'mosthene, et il pourrait etre de 
 lui. Comme il le composoit pour un autre, peut-etre avait-il affecte' d'y 
 laisser quelques negligences, et s'y dtait-il permis un peu de diffusion." 
 
 Schafer : 
 
 "Reiskiua omnibus nititur viribus tit hanc orationem a Demosthene 
 scriptam esse pervincat. Sed multum vereor ne incassum contenderit." 
 
 Becker and Pabst agree with Schafer. 
 
 MANY were the reasons, men of Athens, which urged me to 
 prefer this indictment against the defendant Nesera, and to 
 bring the case before you. We have suffered grievous injuries 
 from Stephanus, and have been brought by him into the 
 utmost peril, both my father-in-law and myself, and my sister 
 and my wife ; so that I enter upon this trial not as an attack- 
 ing party, but by way of retaliation ; for Stephanus first began 
 the quarrel, without having sustained any harm from us either 
 in word or deed. I wish first to explain to you the injuries 
 which he has done us, that you may make the more allowance 
 for my resentment, and to show you the imminent risk we 
 ran of losing our country and our franchise. 
 
 When the people of Athens passed a decree, bestowing 
 citizenship upon Pasion and his descendants, on account of 
 services to the state, my father approved of the people's gift, 
 
240 THE ORATIONS OP DEMOSTHENES. 
 
 and chose Apollodorus, Pasion's son, for the husband of his 
 daughter, my sister. The children that Apollodorus has are by 
 her. Finding that Apollodorus behaved well to my sister and 
 to all of us, and that he regarded us really as his connexions, 
 and as entitled to share in all that he possessed, I took his 
 daughter, my own niece, for my wife. In course of time 
 Apollodorus was drawn for member of the council. After he 
 had passed his probation and sworn the customary oath, there 
 came a war, and a crisis of the utmost importance to the 
 commonwealth. It was of this nature, that in case of success 
 you became the greatest of all Greek people, you to a certainty 
 recovered your own possessions, and subdued Philip ; or, if 
 your succours arrived too late, and you abandoned your 
 allies, the army being broken up for want of money, you would 
 at once destroy them, and lose the confidence of the rest of 
 the Greeks, and risk the loss of your remaining possessions, 
 Lemnos and Imbrus and Scyrus and the Chersonese. You 
 were then about to send the whole force of the commonwealth 
 to Eubcea and Olynthus. At this crisis Apollodorus framed 
 a decree in the council, and, when it had received their sanc- 
 tion, brought it before the popular assembly, proposing that 
 the people should decide whether they would apply the 
 surplus of the public expenditure to military or to theoric 
 purposes. The laws prescribed that, when there was war, the 
 surplus of the public expenditure should be applied to military 
 purposes, and Apollodorus considered that the people ought 
 to have full power to deal as they pleased with their own, and 
 he had sworn also to act in the council for the advantage of 
 the Athenian people, as you all bore witness upon that occa- 
 sion. For, when the division took place, there was not a man 
 who opposed the application of the fund to military purposes ; 
 and even now, whenever the thing is talked about, it is 
 universally admitted that Apollodorus gave the best advice 
 and was unjustly treated. Your resentment, therefore, should 
 fall not upon the juries who were deceived, but on the speaker 
 who deceived them. 
 
 Stephanus, our opponent, indicted that decree as illegal, 
 and brought the case before a jury. He produced false wit- 
 nesses to establish his calumnious charge, made various accu- 
 sations not included in the indictment, and so got a verdict 
 against the decree. 
 
AGAINST NE^RA. 24.1 
 
 That he should have chosen to do this, I do not so much 
 complain. But when the juries received their ballot-balls to 
 assess the penalty, and we implored his clemency, he refused, 
 and proposed a fine of fifteen talents, in order that he might 
 deprive Apollodorus of his franchise, and reduce his children 
 and my sister and all of us to the extremity of distress and 
 poverty. For the property of Apollodorus did not amount 
 to anything like three talents, so that it would have been 
 impossible to pay so heavy a fine ; and, if the fine had not 
 been paid by the ninth presidency, it would have been 
 doubled, and Apollodorus would have been entered as owing 
 thirty talents to the treasury ; and upon his being entered 
 as debtor to the treasury, his whole property would have been 
 scheduled as belonging to the state, and then it would have 
 been sold, and he and his children and his wife and all of us 
 would have been reduced to the extremity of distress. And 
 further, his other daughter could not have been given in 
 marriage : for who would ever have taken a portionless girl 
 from a father who was in poverty and indebted to the state 1 
 Such were the calamities that Stephanus was bringing upon 
 us all, without having ever been injured by us ! To the jury 
 who then sat in judgment I am deeply grateful, that they did 
 not suffer Apollodorus to be exterminated, but imposed the 
 fine of a talent only, so that he was able (with some difficulty) 
 to pay it : but as for Stephanus, we have sought, as is just, to 
 pay him off in his own coin. 
 
 For he not only tried to destroy us in this way, but wished 
 to drive Apollodorus into exile from his country. He brought 
 a false charge against him, [that he had been indebted to the 
 treasury for five and twenty years, and also] l that he had 
 once gone to Aphidna in search of a runaway slave that 
 belonged to him, and that he had there given a blow to a 
 woman, and that she had died of it ; and he suborned some 
 slaves and got them to represent that they were Cyrenseans, 
 and gave notice to Apollodorus to appear on a charge of 
 murder in the court of Palladium. And Stephanus con- 
 ducted the prosecution, and affirmed on oath that Apollodorus 
 had killed the woman with his own hand, imprecating destruc- 
 tion upon himself and his race and his house, affirming facts 
 which never took place, and which he never saw nor heard 
 1 This clause appears to be an interpolation. 
 
 VOL. V. R 
 
242 THE ORATIONS OB DEMOSTHENES. 
 
 from any human being. It was clearly proved that he had 
 committed perjury and brought a false accusation ; he was 
 shown to have been hired by Cephisophon and Apollophanes, 
 to have received a sum of money to procure the banishment 
 or disfranchisement of Apollodorus ; and so, having got but a 
 small number of votes from a jury of five hundred, he left the 
 court stigmatised as a perjured man and a scoundrel. 
 
 Now consider in your own mind, men of the jury, and ask 
 yourselves this what I could have done with myself and my 
 wife and my sister, if Apollodorus had suffered any of the 
 injuries which Stephamis plotted to inflict upon him, either 
 in the first or the second prosecution what disgrace, what 
 calamity must have befallen me ! I was exhorted on all sides 
 by people who came to me privately, to take vengeance on 
 him for the injuries which he had done us. They reproached 
 me, saying I should be the greatest coward in the world, if, 
 being so close a connexion of these persons, I did not redress 
 the wrongs of a sister and a father-in-law and sister's children 
 and a wife and if I did not bring before you a person who 
 was guilty of such flagrant impiety to the gods, such an out- 
 rage upon the commonwealth, such contempt of your laws 
 and if I did not prosecute and convict her of crime, and thus 
 enable you to deal with her as you pleased. I have therefore 
 come before you and, as Stephanus attempted to deprive me 
 of_my relations contrary to your laws and decrees, so am I 
 come to prove to you that Stephanus has been cohabiting 
 with a foreign woman contrary to the law, and has introduced 
 strange children to his clansmen and fellow-townsmen, and 
 has been giving in marriage the daughters of loose women as 
 his own, and has committed impiety to the gods ; and that 
 he deprives the people of their rightful privilege to create 
 what citizen they please : for who will hereafter seek to obtain 
 citizenship as a gift from the people, with heavy expense and 
 trouble, when he may get it from Stephanus at a less expense 
 and with the same advantage *? 
 
 I have thus explained to you the injuries done me by 
 Stephanus, which have provoked me to bring this indictment 
 against him. I must now proceed to show, that the defendant 
 Neaera is an alien, and that she has been living with Stephamis 
 as his wife, and that she has violated the laws of the state in 
 many ways. I have to ask a favour of you, men of the jury, 
 
AGAINST NE^ERA. 243 
 
 which it becomes me to ask, being a young man and having 
 no experience in public speaking ; that you will allow me to 
 call Apollodorus to be my advocate upon this trial. For he 
 is older than myself, and has more knowledge of the laws, 
 and he has been injured by my opponent Stephanus, and he 
 has given close attention to all these matters ; so that there 
 can be no prejudice against him for retaliating on the party 
 who first attacked him. It will be your duty to learn from 
 the mouth of truth itself the real character both of the accu- 
 sation and the defence, and then to pronounce such verdict 
 as the gods and the laws and justice and your own interests 
 demand. 
 
 [Apollodorus comes forward as advocate and speaks the 
 remainder of the oration.] 
 
 The injuries done me by Stephanus, which have induced 
 me to appear at the bar to accuse Nesera the defendant, you 
 have heard, men of Athens, from Theomnestus. That Nesera 
 is an alien, and that she lives with Stephanus as his wife con- 
 trary to the laws, I shall proceed to show you clearly. First 
 he shall read you the law, under which Theomnestus preferred 
 this indictment and the present cause comes before you. 
 
 THE LAW. 
 
 " If an alien shall live as husband with an Athenian woman 
 by any device or contrivance whatsoever, it shall be lawful 
 for any of the Athenians, who are possessed of such right, to 
 indict him before the judges. And if he is convicted, he shall 
 be sold for a slave and his property shall be confiscated, and 
 the third part shall belong to the person who has convicted 
 him. And the like proceedings shall be taken, if an alien 
 woman live as wife with an Athenian citizen, and the citizen 
 who lives as husband with an alien woman so convicted shall 
 incur the penalty of a thousand drachms." 
 
 You have heard the statute, men of the jury, which declares 
 that a foreign woman shall not cohabit with a citizen, nor an 
 Athenian woman with a foreigner, and that such parties shall 
 not beget children together, by any device or contrivance what- 
 soever. And if any persons violate this law, it has given an 
 indictment against them before the judges, against both a 
 foreign man and a foreign woman, and it enacts that any 
 such person, upon conviction, shall be sold as a slave. Now 
 
 R2 
 
244 THE ORATIONS OF DEMOSTHENES. 
 
 then I will show you the history of this Neaera's life from the 
 beginning, and prove beyond all question, that she is an alien. 
 
 There were seven girls purchased at an early age by Nica- 
 rete, a freedwoman of Charisius the Elean, and wife of his- 
 cook Hippias, who was an excellent judge of young girls that 
 had a good figure, and knew how to bring them up and train 
 them properly : that indeed was her business, and she got her 
 livelihood by it. She called them by the name of daughters, 
 that she might pass them off as free-born girls, and obtain the 
 highest possible prices from men who sought to have con- 
 nexion with them. After she had made her profit of their 
 youthful charms, she sold the whole lot of them together., 
 seven in all, Antia, Stratola, Aristoclea, Metanira, Phila, 
 Isthmias, and Neaera, the defendant in this cause. How 
 they were severally purchased, and how they were set free by 
 the persons who bought them from Nicarete, I will tell you 
 in the course of my address, if you desire to hear it and if I 
 have water enough remaining in the glass. I must now 
 return to Nesera the defendant, and show you that she belonged 
 to Nicarete, and prostituted herself to any men who desired 
 to have connexion with her. 
 
 Lysias the sophist, being a lover of Metanira, wished, in 
 addition to other expenses which he incurred for her sake, to 
 initiate her ; considering that her mistress got the benefit of 
 what he spent in other ways, but what he expended for her on 
 the festival and the mysteries would be a personal remunera- 
 tion to the girl. He therefore requested Nicarete to come to 
 the mysteries and bring Metanira, that she might be initiated, 
 and he promised himself to initiate her. When they arrived 
 here, Lysias did not bring them to his own house, having too 
 much respect for his wife, who was the daughter of Brachyllus 
 and his own niece, and also for his mother, who was advanced 
 in age and dwelt under the same roof : but he lodged them 
 (Metanira and Nicarete) in the house of Philostratus of 
 Colonus, an unmarried youth and a friend of his. Nesera the 
 defendant accompanied them. She had already begun the 
 trade of a prostitute, although she was scarcely of the proper 
 age. To prove these facts that Nesera was a slave of Nica- 
 rete, and that she followed in her train, and that she prosti- 
 tuted her person to any one that chose to pay for it I will 
 call Philostratus himself before you as a witness. 
 
AGAINST NE^RA. 245 
 
 THE DEPOSITION. 
 
 " Philostratus, son of Dionysius, of Colonus, deposes, that 
 he knows, that Neaera was a slave of Nicarete, to whom 
 Metanira also belonged, and that she lodged at his house, 
 when they came to Athens to the mysteries, being at that 
 time resident at Corinth; and that Lysias, the son of 
 Cephalus, an intimate friend of his brought them to his 
 house." 
 
 Again, men of Athens, after this, Simus the Thessalian 
 came here with Nesera, to the great Panathensea. Nicarete 
 came with her, and they lodged with Ctesippus, the son of 
 Glauconides, of Cydantidse : and the defendant Neaera drank 
 and dined with them in the presence of company, just as a 
 loose girl would do. I will call witnesses before you to prove 
 my statements. Please to call Euphiletus, son of Simon, of 
 Aixone, and Aristomachus, son of Critodemus, of Alopece. 
 
 WITNESSES. 
 
 " Euphiletus, son of Simon, of Aixone, Aristomachus, son of 
 Critodemus, of Alopece, depose, that they know that Simus 
 the Thessalian came to Athens to the great Panathenaea ; and 
 that Nicarete and Nesera, the defendant in this cause, came 
 with him ; and that they lodged with Ctesippus the son of 
 Glauconides, and that Nesera drank with them, as a loose girl 
 would do, in the presence of many other guests of Ctesippus." 
 
 After this she openly lived as a woman of ill fame at 
 Corinth, and acquired much celebrity ; and she had various 
 lovers, and (among others) Xenoclides the poet, and Hippar- 
 chus the actor, who took her on hire. To prove the truth of 
 my statement I am not able to produce to you the testimony 
 of Xenoclides, who is not permitted by the laws to give 
 evidence : for when you, under the advice of Callistratus, 
 resolved to assist the Lacedaemonians, he opposed the vote of 
 succour in the assembly, 1 after having farmed the two per cent. 
 
 1 " Commemorantur hie tres causse sat graves probabilesque, cur 
 Xenoclides existimarit ab hac expeditione sibi cessandum esse : (1) quod 
 illi expedition!, cum adhuc deliberations agitaretur, adversatus esset 
 eamque dissuasisset ; (2) quod per muneris sui negotia ne mensem 
 quidem urbe abesse posset, quippe qui vectigal frumenti redemisset, 
 quod frumentum e Ponto, Sicilia, et ^Egypto in portum Atticum invehe- 
 batur : debebat autem hoc vectigal menstruis ferme portionibus per 
 prytanias, h.e. nova quaque prytania ineunte dependi; (3) quod legea 
 
246 THE ORATIONS OF DEMOSTHENES. 
 
 corn-duty in time of peace, and being bound to make his 
 payments into the council-chamber in every presidency, and 
 having an exemption by the laws, he did not go out on 
 that expedition, and was therefore indicted by Stephanus for 
 neglect of military duty, and being denounced by his accuser 
 in court, he was convicted and deprived of his franchise. 
 Don't you think it monstrous, that this Stephanus, after 
 taking away the privilege of speech from genuine and natural- 
 born citizens, should force into you-r community people who 
 don't belong to it, in defiance of all the laws? I will call 
 Hipparchus himself before you, and compel him to depose or 
 take the oath of disclaimer according to law, or I will sub- 
 poena him. Please to call Hipparchus. 
 
 THE DEPOSITIONS. 
 
 "Hipparchus of Athmonia, deposes, that Xenoclides and 
 himself hired Nesera, the defendant in this cause, at Corinth, 
 as a girl who prostituted her person for money, and that 
 Neaera used to drink at Corinth with him and Xenoclides the 
 poet." 
 
 After this she had two lovers, Timanoridas the Corinthian, 
 and Eucrates the Leucadian, who, as Nicarete was extravagant 
 in her demands, requiring them to defray all the daily ex- 
 penses of her household, paid down thirty minas to Nicarete 
 as the price of Neaera's person, and purchased her out and 
 out from her mistress, according to the law of that city, to be 
 their slave. And they kept her and made use of her as long 
 as they liked. But, when they were about to marry, they 
 gave her notice, that they did not wish to see her, who had 
 been their mistress, living by prostitution or kept in a brothel 
 at Corinth ; but they would be glad to receive less money from 
 her than they had paid and to see her doing something for 
 her own advantage. They offered therefore to allow her a 
 thousand drachms, five hundred each, towards the purchase 
 
 redemptori hujus vectigalis vacationem a militia darent. Propter has 
 tres causas itaque Xenoclides domi manserat, et nihilominus tamen a 
 Stephano accusatus mulctatus est." Reiske. 
 
 " Vere Reiskius, nisi quod quam primam dixit causam sic finire 
 debuit; quod expeditionis adversatus est, ut qui vectigal frumenti 
 pacis tempore redemisset sub conditionibus, quas bellum susceptum 
 fcolleret. Alioqui r6 avreiirtiv non potuit excusare r& OVK tf \0eiv." 
 Schafer. 
 
AGAINST NE^RA. 247 
 
 of her freedom ; and told her to raise the twenty minas to 
 pay them. Upon this intimation from Eucrates and Timano- 
 ridas, Nesera sends to divers of her former lovers, asking them 
 to come to Corinth; and (among others) she sends to Phrynio l 
 of Pseania, the son of Demon and brother of Demochares, a 
 man who lived an extravagant and licentious life, as the oldest 
 of you remember. Phrynio came to her, and she told him the 
 offer which I have mentioned, made to her by Eucrates and 
 Timanoridas ; she gave him the amount Of the contributions 
 which she had collected from her other lovers to purchase her 
 freedom, together with her own savings, and asked him to 
 advance the remainder, that was yet wanting to make up the 
 twenty minas, and pay it to Eucrates and Timanoridas for 
 her enfranchisement. He was delighted to hear this proposal 
 from her ; he took the money which had been contributed 
 for her by her other lovers, made up the remainder himself, 
 and paid the twenty minas to Eucrates and Timanoridas to 
 purchase her freedom, on the condition that she should not 
 exercise her trade at Corinth. To prove the truth of my 
 statements, I will call this man who was present as a witness 
 before you. Please to call Philagrus of Melita. 
 
 THE DEPOSITION. 
 
 "Philagrus of Melita deposes, that he was present in 
 Corinth, when Phrynio, the brother of Demochares, paid down 
 twenty minas as the purchase money of Nesera, the defendant 
 in this cause, to Timanoridas the Corinthian and Eucrates 
 the Leucadian : and having paid the money, he took away 
 Nesera to Athens." 
 
 After he had brought her to Athens, he lived with her in a 
 most indecent and reckless way, took her everywhere with 
 
 1 " Phrynio hie cognatus erat Demosthenis. Unde tanto fit probability 
 a Demosthene conscriptam esse hanc orationem, prsesertim cum Apollo- 
 dorus idem et idem Stephanus partes hie suas agaut, quorum pro illo 
 tot alise exstant Demosthenis orationes, et contra hunc duae : quas 
 orationes nemo unquam in dubium vocavit quin sint nostri oratoris." 
 Reiske. 
 
 " Mirabilis vero hsec est argumentatio. Quiu tanto fit improbabilius 
 a Demosthene conscriptam esse hanc orationem. Quis enim, qui 
 quidem cordatus sit, in animum facile inducat cognatum ut d<re\yws 
 Sidyovra rbv fiiov traducere ? Lege mihi quso sequuntur. v. 28. Tarn 
 turpia Demosthenem de cognato effutivisse quis credat?" Schafer. 
 
248 THE ORATIONS OF DEMOSTHENES. 
 
 him to dinners, where there was drinking ; and she was with 
 him at all his riotous parties, and he had connexion with her 
 openly whenever and wherever he pleased, making a display 
 of his privilege to the beholders. He took her to various 
 houses to parties of pleasure, and (among others) to that of 
 Chabrias of Aixone, when, in the archonship of Socratides, 
 he won the race at the Pythian games with his chariot and 
 four, which he purchased from the sons of Mitys the Argive, 
 and, on his return from Delphi, gave a banquet to celebrate 
 the victory at Colias. 1 Many at that party had connexion 
 with her when she was drunk, and while Phrynio was asleep ; 
 among others, the servants of Chabrias, who set a table for 
 the purpose. To prove these statements, I will produce 
 before you as witnesses persons who were present and saw the 
 thing done. Call me Chionides of Xypete and Euthetion of 
 Cydathenseum. 
 
 THE DEPOSITION. 
 
 " Chionides of Xypete, Euthetion of Cydathenseum, depose, 
 that they were invited to dinner by Chabrias, when Chabrias 
 gave a banquet to celebrate his victory in the chariot-race, 
 and that the banquet was given at Colias, and they know that 
 Phrynio was at that dinner with Nesera, the present defendant, 
 and they (the deponents) and Phrynio and Nesera lay down to 
 rest, and they (the deponents) perceived that divers persons 
 got up in the night to go to Nesera, and (among them) some 
 of the attendants who were domestics of Chabrias." 
 
 When she was so outrageously maltreated by Phrynio, 
 instead of being cherished as she expected, or having her 
 wishes gratified by him, she packed up his household effects 
 and all the clothes and jewellery which he had provided for 
 her, and taking them with her, together with two female 
 servants, Thratta and Coccalina, runs away to Megara. This 
 happened when Asteius was archon at Athens, at the time 
 when you were waging your second war with the Lacedaemo- 
 nians. After staying in Megara two years, that of the archon- 
 ship of Asteius and that of Alcisthenes, as the trade of 
 prostitution did not provide money enough to keep her house 
 she was expensive in her habits, and the Megarians were 
 mean and illiberal, and there were not many foreigners there 
 1 A promontory of Attica. 
 
AGAINST NE^IRA. 249 
 
 because it was war time and the Megarians laconised and you 
 had command of the sea ; and it was impossible for her to return 
 to Corinth, because she had got her freedom from Eucrates and 
 Timanoridas on the condition of not exercising her trade at 
 Corinth when therefore the peace was made in the archonship 
 of Phrasiclides, and the battle was fought at Leuctra between 
 the Thebans and the Lacedaemonians, Stephanus the defendant 
 having come to Megara, and having put up at her house and 
 had connexion with her as a woman of the town, she related 
 to him her history and the brutal treatment of Phrynio, and 
 she gave him what she had taken away from Phrynio's house, 
 and, as she was desirous of residing at Athens, but was afraid 
 of Phrynio, because she had wronged him and he was exaspe- 
 rated against her, and she knew him to be a person of impe- 
 tuous and violent temper, she therefore took Stephanus the 
 defendant for her patron. He buoyed her up with hope at 
 Megara, declaring that Phrynio should catch it if he touched 
 her, and that he himself would keep her as his wife, and 
 would introduce the sous that she then had to his clansmen, 
 and pass them off as his own and make them citizens, and 
 that no mortal should do her any harm : he then took her 
 away with him from Megara and brought her to Athens, 
 together with her three children, Proxenus and Ariston, and 
 a daughter, whom now they call Phano. And he brings her 
 and the children to the small house which he had by the 
 whispering Hermes, 1 between the house of Dorotheus the 
 Eleusinian, and that of Cleinomachus, which now Spintharus 
 has bought from him for seven minas ; so that this was 
 the property which Stephanus then possessed, and nothing 
 more. He had two objects in bringing her here : first, that 
 he might keep a nice mistress without cost, and secondly, 
 that she might provide him with the necessaries of life and 
 maintain his house : for he had no other source of income, 
 except what he might get by pettifoggery. When Phrynio 
 heard that Nesera was in Athens and living with this man, he 
 took some youths with him, and coming to the house of 
 Stephanus, attempted to carry her off Stephanus asserted 
 
 1 " Unter diesem Beinamen, welcher sich entweder auf gewisse got- 
 tesdienstliche Gebrauche oder auf die den Gottheiten zugeschriebene 
 geheimnissvolle Thatigkeit bezog, hatte Merkur eine Bildsaule in 
 Atheu : eben so auch. Eros und Aphrodite." Pabst's note. 
 
250 THE ORATIONS OF DEMOSTHENES. 
 
 her freedom according to law, and thereupon Phrjnio held her 
 to bail before the polemarch. 
 
 To prove the truth of these statements, I will produce the 
 person who was then polemarch before you as a witness. 
 Please to call Aetes of Ceiriadse. 
 
 THE DEPOSITION. 
 
 " Aetes of Ceiriadse deposes, that, when he was polemarch, 
 Neaera, the defendant in this cause, was held to bail by 
 Phrynio, the brother of Demochares, and that Stephanus of 
 Eroeadse, Glaucetes of Cephisia, and Aristocrates of Phalerum, 
 became bail for Nesera." 
 
 Having been thus bailed by Stephanus, and living at his 
 house, she continued to carry on the same trade as before, 
 but asked larger recompense from those who sought her 
 favours, as she was now keeping up a good appearance and 
 passing for a married woman. Stephanus assisted her in her 
 plots, and whenever he found a rich and unknown stranger 
 intriguing with her, he locked him up as if he had been 
 caught in adultery with her, and extorted a large sum of 
 money from him. And this is not very surprising : for 
 neither Stephanus nor Neeera had any property to support 
 their daily expenses ; and the cost of their establishment was 
 considerable, when they had to maintain their two selves and 
 three children, whom Nesera had brought with her from 
 Megara, and two female servants and one male attendant ; 
 and besides, Nesera had not been accustomed to live sparingly, 
 having had people to find everything for her before. 
 Stephanus was getting nothing worth mentioning from 
 public business; for as yet he was not an orator, but a 
 pettifogger only, (one of those that stood by the platform 
 and shouted, who preferred indictments and informations for 
 hire, and allowed their names to be affixed to other men's 
 motions, 1 ) until he became a hanger-on of Callistratus the 
 
 1 Designat eos, qui se patererentur pro mercedula legis aut sciti 
 alicujus, quod alius auctor latum vellet, auctores scribi et prsescribi. 
 Erant enim, qui, cum suadere populo aliquid vellent, discrimeu tamen 
 mulctse aut infamise subeundum, si lex sua improbaretur, reformida- 
 rent : quaproptor alios, quibus opesque nullse et famae suse nulla cura 
 esset, obscuros et pauperes quosdam homines, subornabant, qui pa- 
 terentur se in ejusmodi legis aut sciti fronte pro auctoribus scribi." 
 Eeiske. 
 
AGAINST NE-ERA. 251 
 
 Aphidnsean : how that came about and for what cause, I will 
 explain to you, when I have gone through the history of 
 Neaera, and shown that she is an alien and has committed 
 grievous offences against you and acts of impiety to the gods : 
 for I wish you to understand that Stephanus himself deserves 
 full as heavy a punisment as Nesera, nay, a much heavier, 
 and that he is far more guilty, inasmuch as, while he calls 
 "himself an Athenian citizen, he treats you and the laws and 
 the gods with such supreme contempt, that he cannot even 
 be quiet for shame at his own misdeeds, but by his vexatious 
 attacks upon me and other people he has caused my friend 
 here to bring this serious prosecution against Nesera and 
 himself, upon which her origin and position must be inquired 
 into, and his profligacy exposed. 
 
 Phrynio having commenced an action against him, because 
 he asserted the freedom of his slave Nesera, and because he 
 had received the property which Nesera went away with from 
 his house, their friends brought them together and persuaded 
 them to refer the dispute to their arbitration. And on Phrynio's 
 behalf Satyrus of Alopece, the brother of Lacedsemonius, sat 
 as arbitrator ; on behalf of Stephanus the defendant, Saurias 
 of Lampra : and they chose Diogiton of Acharnee as umpire 
 between them. The three met in the temple, and, after 
 hearing the facts of the case from both parties and from the 
 woman herself, they delivered their judgment, and these men 
 abided by it ; namely, that the woman should be free and 
 her own mistress, but that she should return to Phrynio all 
 the effects which she had gone away with from his house, 
 except the clothes and jewels and female servants, which 
 were bought for the woman herself; and that she should 
 cohabit with each of them on alternate days, or that any 
 other arrangement which they might agree to should stand 
 good j and that she should be maintained by the one who 
 had her in keeping for the time being ; and that they should 
 be friends from that time and bear no malice against each 
 other. Such was the reconciliation effected by the judgment 
 of the arbitrators between Phrynio and Stephanus and 
 Nesera the defendant. He shall read you the evidence to 
 prove the truth of my statements. Call, if you please, 
 Satyrus of Alopece, Saurias of Lampra, and Diogiton of 
 Acharnse. 
 
252 THE ORATIONS OF DEMOSTHENES. 
 
 THE DEPOSITION. 
 
 " Satyrus of Alopece, Saurias of Lampra, Diogiton of 
 Acharnse, depose, that they having been appointed arbitrators 
 in the matter of Nesera, the defendant in this cause, recon- 
 ciled Stephanus and Phrynio ; and that the terms of recon- 
 ciliation were such as Apollodorus produces." 
 
 TERMS OF RECONCILIATION. 
 
 " They have reconciled Phrynio and Stephanus upon the 
 terms following, namely, that each party shall keep at his 
 house and have the use of Nesera an equal number of 
 days in the month, unless they shall agree to any different 
 arrangement." 
 
 When the friends of either party who had assisted in the 
 arbitration and the whole affair had thus discharged their 
 duty, they did what I believe is usual in all such cases, 
 especially where the dispute is about a mistress they went 
 to dine with each of the parties, when they took their turns 
 of having Nesera with them, and Nesera dined with them and 
 drank with them as mistresses commonly do. To prove the 
 truth of these statements please to call as witnesses the 
 guests who were present, Eubulus of Probalinthus, Diopithes 
 of Melita, Cteson of Ceramicus. 
 
 THE DEPOSITION. 
 
 " Eubulus of Probalinthus, Diopithes of Melita, Cteson of 
 Ceramicus, depose, that, after the reconciliation in the matter 
 of Nesera had been effected between Phrynio and Stephanus, 
 they frequently dined with them and drank in company with 
 Nesera, the defendant in this cause, as well when Nesera was 
 at the house of Stephanus, as when she was at the house of 
 Phrynio." 
 
 I have thus shown to you, and it has been proved by the 
 evidence of witnesses, that Neaera was originally a slave, that 
 she was sold twice, that she gained a living by prostitution 
 as a woman of the town, that she ran away from Phrynio's 
 house to Megara, and that, upon her return to Athens, she 
 was held to bail as an alien before the polemarch. I shall 
 now proceed to prove to you that Stephanus himself has 
 given evidence against her, showing her to be an alien. 
 
 The daughter of the defendant Nesera, whom she brought 
 
AGAINST NKERA. 253 
 
 a young girl to the house of Stephanus, and whom they 
 then called Strybele, but they now call Phano, was given 
 in marriage by Stephanus as his own daughter to an 
 Athenian citizen named Phrastor, of the ^Egilian township ; 
 and a marriage portion of thirty minas was given with her. 
 When she went to live with Phrastor, a hard-working man, 
 who had acquired his means by industry and frugality, she 
 could not conform herself to his character, but hankered 
 after her mother's ways and the dissolute mode of living in 
 her house, as well she might, after being brought up in such 
 licentiousness. Phrastor, perceiving that she behaved inde- 
 corously and would not submit to his rule, and having also 
 ascertained that she was the daughter of Nesera and not of 
 Stephanus (he had been deceived at the time of his espousal, 
 receiving her as the daughter not of Nesera, but of Stephanus 
 by an Athenian wife, to whom he had been married before he 
 lived with Nesera ;) irritated by all this, and considering that 
 he had been insulted and taken in, he turns the woman out 
 of doors, after she had lived with him about a twelvemonth, 
 and when she was in a state of pregnancy, and refuses to- 
 return her marriage portion. Stephanus commeuced a suit 
 against him for alimony in the Odeum according to the law, 
 which enacts that, if a man puts away his wife, he shall 
 return her marriage portion, or pay interest upon it at 
 eighteen per cent, per annum, and that the wife's guardian 
 may sue him in the Odeum for alimony: Phrastor then 
 prefers an indictment against Stephanus before the judges, 
 under the statute which I am about to read, charging that 
 Stephanus, being an Athenian, had betrothed to him the 
 daughter of a foreign woman as his own. Please to read 
 the law. 
 
 THE LAW. 
 
 " If any one shall give a foreign woman in marriage to a 
 citizen of Athens, representing her as belonging to himself, 
 he shall be disfranchised, and his property shall be con- 
 fiscated, and the third part thereof shall be given to the 
 person who has procured his conviction. And it shall be 
 lawful for any one, of the citizens possessed of such right, to 
 indict the person so offending before the judges, as in the 
 case of usurpation of citizenship." 
 
254: THE ORATIONS OF DEMOSTHENES. 
 
 He has read you the law, by virtue of which Stephanus 
 the defendant was indicted by Phrastor before the judges. 
 Stephanus, knowing that, if he were convicted of having 
 given in marriage the daughter of a foreign woman, he would 
 incur the severest penalties, comes to terms with Phrastor, 
 renounces his claim to the marriage portion, and withdraws 
 the record in the suit for alimony; Phrastor at the same 
 time withdrawing the indictment from the judges. And to 
 prove the truth of these statements, I will call Phrastor him- 
 self as a witness before you, and will compel him to give 
 evidence according to law. Please to call Phrastor of ^Egilia. 
 
 THE DEPOSITION. 
 
 "Phrastor of ^Egilia deposes, that, when he discovered 
 that Stephanus had given the daughter of Nezera in marriage 
 to him as his own daughter, he preferred an indictment 
 against him before the judges, according to law, and turned 
 the woman out of his house and did not live with her any 
 longer, and that, after Stephanus had commenced a suit 
 against him in the Odeum for alimony, Stephanus compro- 
 mised with him, upon the terms that the indictment should 
 be withdrawn from the judges, and the record in the suit for 
 alimony, which Stephanus commenced against this deponent, 
 should be likewise withdrawn." 
 
 Now let me produce before you another deposition by 
 Phrastor and the members of his clan and family, to prove 
 that Neaera the defendant is an alien. Not long after 
 Phrastor had put away Nesera's daughter, he fell ill and 
 became very bad and in a state of helpless prostration. 
 There was a quarrel of long standing between him and his 
 relations, whom he regarded with bitter hostility; and he 
 was childless also. Beguiled in his illness by the attentions 
 of Nesera and her daughter (for they visited him, when he 
 was ill, and when he had no one to attend upon his sick-bed, 
 and brought him all the proper medicines and looked after 
 all his wants ; you know of course the great comfort of a 
 woman's nursing to an invalid :) Phrastor was induced to 
 take back and adopt as his son the child, which Nesera's 
 daughter brought forth when she was dismissed from his 
 house in a state of pregnancy, when he learned that she was 
 the daughter of Nesera and not of Stephanus, and was so 
 
AGAINST NE^EBA. 255 
 
 wroth about it. Feeling now, as was very natural, that he 
 was in a precarious state without much hope of recovery, 
 and desiring that his relations should not take his property 
 and that he should not die childless, he adopted the boy and 
 received him back in his house. That he would never have 
 done so in a state of health, I will show you by a strong and 
 decisive proof. For, as soon as Phrastor recovered from that 
 illness, and got well and strong again, he contracted a 
 marriage according to law with an Athenian woman, the 
 daughter of Satyrus of Melita, and sister of Diphilus. Let 
 this then be taken for a proof, that he received the child not 
 voluntarily, but compelled by his sickness, by his childless 
 state, by their attentions in nursing him, and by his dislike 
 of his relations, and his wish that they should not inherit his 
 property in case anything should happen to him. It will 
 appear however still more clearly from the sequel. For when 
 Phrastor at the time of his illness introduced the boy, as his 
 son by Nesera's daughter, to his clansmen, and also to the 
 Brutidee, the family to which he himself belongs, the members 
 of the family, knowing (I believe) who the woman was that 
 Phrastor had first married, namely that she was the daughter 
 of Nesera, and knowing about her divorce, and that Phrastor 
 had been induced through his illness to take her child back 
 again, passed a vote to exclude the boy and refused to enter 
 him in their register. Phrastor having commenced an action 
 against them, for refusing to enter his son in the register, the 
 members of the family challenged him before the arbitrator 
 to swear by the full-grown victims, thab he verily believed 
 the boy to be his own son by an Athenian woman lawfully 
 married to him. Upon this challenge being given by the 
 members of the family to Phrastor before the arbitrator, he 
 declined the oath and would not swear. 
 
 To prove the truth of these statements, I will produce as 
 witnesses before you those members of the Brutid family who 
 were present. 
 
 WITNESSES. 
 
 "Timostratus of Hecale, Xanthippus of Erceadse, Eualces 
 of Phalerum, Anytus of Lacia, Euphranor of ^Egilia, Nicippus 
 of Cephale, depose, that they and Phrastor of ^Egilia are 
 members of the family called Brutidse, and that, when 
 
256 THE ORATIONS OF DEMOSTHENES. 
 
 Phrastor requested permission to introduce his son to the 
 family, they, knowing that he was the son of Phrastor by 
 Nesera's daughter, would not permit Phrastor to introduce 
 the son." 
 
 I thus show you in the clearest possible manner, that the 
 most intimate connexions of the defendant Nesera have them- 
 selves testified against her, and proved her to be an alien 
 both Stephanus who now keeps and cohabits with her, and 
 Phrastor who married her daughter Stephanus, inasmuch 
 as he did not choose to go to trial on his daughter's behalf, 
 but renounced her claim to the marriage portion and never 
 recovered it, after Phrastor had preferred an indictment 
 against him before the judges, charging that, being an 
 Athenian citizen, he had given to him in marriage the 
 daughter of a foreign woman and Phrastor, inasmuch as he 
 turned out of doors the daughter of Nesera the defendant, 
 whom he had wedded, when he learned that she was not the 
 daughter of Stephanus, and did not return her marriage 
 portion, and when afterwards he had been induced through 
 his illness and his childless state and his dislike of his rela- 
 tions to adopt her child, and when he sought to introduce 
 him to the members of his family, upon their passing a vote 
 of rejection and tendering him an oath, he declined to swear 
 for fear of committing perjury, and afterwards married 
 another woman of civic origin according to law. These facts, 
 which are beyond all dispute, afford the strongest evidence 
 against them, proving Neeera the defendant to be an alien. 
 
 Mark now the base covetousness and profligacy of the 
 defendant Stephauus. From this also you may see that 
 Nesera is not a woman of civic birth. There was a man 
 named Epsenetus, an Andrian, who was an old lover of 
 Nesera, and had spent a vast deal of money upon her, and 
 used to lodge at their house, whenever he came to Athens, on 
 account of his attachment to Nesera. Against this person 
 Stephanus the defendant laid a plot. He sent for him into 
 the country under pretence of a sacrifice, and then surprised 
 him in adultery with Nesera's daughter, and extorted from 
 him by intimidation thirty minas, for which he accepted as 
 sureties Aristomachus, the late judge, and Nausiphilus, the 
 son of Nausinicus, the late archon, and then released him 
 under an engagement to pay the money. Epsenetus, when 
 
AGAINST NE.ERA. 257 
 
 he had got clear away and was no longer undor durance, pre- 
 ferred an indictment against Stephanus before the judges, for 
 falsely imprisoning him on pretence of adultery, according to 
 the law which enacts that, if a man has falsely imprisoned 
 another on a charge of adultery, the party aggrieved may 
 indict him for such imprisonment before the judges, and, if 
 he convicts the defendant and proves that a snare has been 
 laid to entrap him, he and his sureties shall be discharged 
 from their engagement, but, if it shall appear that he was an 
 adulterer, then the sureties shall deliver him up to the 
 person who took him in adultery, who may inflict instantly 
 in court what corporal punishment he pleases, so that he 
 uses no weapon of steel. According to this law, Epsenetus 
 indicted Stephanus, and he acknowledged that he had had 
 intercourse with the woman, but denied that he was an 
 adulterer in point of law ; for (he said) she was not the 
 daughter of Stephanus, but of Nesera, and her mother knew 
 that she had connexion with him, and he had spent a vast 
 deal of money upon them, and used to maintain the whole 
 house when he came to Athens. And with that he produced 
 the law, which forbids the taking of any one in adultery with 
 women who sit in a brothel, or openly offer themselves for 
 prostitution l in the market-place ; for that, he said, was a 
 brothel, the house of Stephanus namely, and such was their 
 trade, and they got most of their living by it. Upon his 
 using this language and having brought the indictment, Ste- 
 phanus the defendant, knowing that he should be convicted 
 of being a brothel-keeper and a pettifogger, refers his dispute 
 with Epaenetus to the very men who were his sureties, upon 
 the terms that they should themselves be released from their 
 guarantee, and that Epsenetus should withdraw the in- 
 dictment. Epsenetus having assented to these terms, and 
 having withdrawn the indictment which he had preferred 
 against Stephanus, a meeting took place between them, and 
 the sureties sat as arbitrators, and Stephanus had not a word 
 to say upon the merits of the case, but requested Epaenetus 
 to contribute something to make up a dowry for Nesera's 
 daughter, urging his own poverty, and the ill-luck which the 
 
 1 Adopting the reading irwXwvrai. So Pabst " oder auf dem Markte 
 sich offentlich verkaufen." See the Charicles, Excursus on the Markets, 
 page 282, Translation. 
 
 VOL. V. S 
 
258 THE ORATIONS OF DEMOSTHENES. 
 
 woman had formerly had in her connexion with Phrastor, and 
 the loss of her dowry, and the impossibility of his finding 
 another to give her in marriage with. " You " said he 
 "have enjoyed her favours, and you ought to do something 
 for her" these and other words he spoke to excite com- 
 passion, such as might be expected from a man petitioning in 
 a scurvy case. The arbitrators, after hearing both sides, 
 effected a reconciliation between them, and persuaded Epse- 
 netus to give a thousand drachms towards a marriage portion 
 f&r Neeera's daughter. 
 
 To prove the truth of all these statements, I will call the 
 sureties themselves and the arbitrators to give testimony 
 before you. 
 
 WITNESSES. 
 
 " Nausiphilus of Cephale, Aristomachus of Cephale, depose, 
 that they were sureties for Epsenetus the Andrian, when Ste- 
 phanus said that he had caught Epsenetus in adultery, and 
 that, after Epsenetus had left the house of Stephanus and was 
 no longer under restraint, he preferred an indictment against 
 Stephanus before the j udges, alleging that he had falsely im- 
 prisoned him ; and that they (the deponents), having been 
 chosen as arbitrators to reconcile Stephanus and Epsenetus, 
 effected a reconciliation between them, and the terms thereof 
 were those which Apollodorus produces." 
 
 TERMS OF RECONCILIATION. 
 
 " The arbitrators have reconciled Stephanus and Epsenetus 
 upon the terms following (that is to say), that there shall be 
 an amnesty for what took place in regard to the imprison- 
 ment, and that Epsenetus shall give a thousand drachms to 
 Phano for her marriage portion, since he has frequently en- 
 joyed her favours, and that Stephanus shall deliver Phano to 
 Epsenetus, when he comes to Athens and desires to have 
 connexion with her." 
 
 Now hear the next case. Though this young woman had 
 been thus publicly acknowledged to be an alien, and though 
 Stephanus had ventured to charge a man as caught in 
 adultery with her, yet Nesera and he had reached such a 
 pitch of impudence, that they were not content with passing 
 her off as a woman of Athenian parentage ; but seeing that 
 Theogenes of Cothocidse was drawn for king-archon, a man 
 of good birth, but poor and ignorant of business, Stephanus, 
 
AGAINST NBJERA. 259 
 
 having assisted him at his probation and lent him money, 
 when he entered upon his office, insinuated himself into his 
 confidence, and purchased from him the office of assessor; 
 after which he gave him in marriage this woman, the daughter 
 of Neaera, affiancing her as his own daughter : such contempt 
 did he show for you and for the laws. And this woman 
 offered up the mysterious sacrifices for the welfare of the 
 state, and saw what it was not right for her to see, being an 
 alien, and, notwithstanding what she was, entered places to 
 which, out of the whole Athenian community, no one but 
 the wife of the king-archon is admitted, and she administered 
 the oath to the venerable priestesses 1 who officiate at the 
 sacrifices, and was given in marriage to Bacchus, and per- 
 formed on behalf of the state divers religious ceremonies 
 of a solemn and mysterious kind. Ceremonies which may 
 not even be heard by all, how can they be performed without 
 impiety by an ordinary woman, especially such a woman as 
 this, and one who has lived such a life ? 
 
 I wish however to enter somewhat more into detail con- 
 cerning these matters, and to give you an historical explana- 
 tion of them, that you may be more careful respecting the 
 punishment of this offence, bearing in mind that you will 
 have to pronounce sentence not only on behalf of yourselves 
 and the laws, but for the honour of the gods, to avenge in- 
 sulted religion and to punish the impious offenders. 
 
 Anciently, men of Athens, there was a regal dynasty in 
 Attica, and the sovereignty belonged to those who were most 
 distinguished from time to time by reason of their being in- 
 digenous, and the king offered all the sacrifices, and at the 
 most holy and mysterious his wife officiated, as it was reason- 
 able she should, being queen. After Theseus had united his 
 countrymen in one city and established democracy, and the 
 city had become populous, the people continued to elect the 
 king as before, choosing him out of the class most eminent 
 for personal merit, and they passed a law that his wife should 
 be of Athenian parentage, and that he should marry a 
 virgin who had never known another man, so that the mystic 
 sacrifices might be offered on behalf of the state according to 
 ancient usage, and that religious worship should be duly 
 
 1 Fourteen women who officiated at the mysteries of the Anthesteria. 
 See Arch. Diet. Title Dionysia. 
 
 S2 
 
260 THE ORATIONS OF DEMOSTHENES. 
 
 paid to the gods without any retrenchment or innovation. 
 And they wrote this law on a pillar of stone, and set it up in 
 the temple of Bacchus by the altar in Limnse. And this 
 pillar stands even now, exhibiting the inscription in obscure 
 Attic characters. 1 The people gave this testimony of their 
 piety to the god, and left it as a pledge to posterity, showing 
 what they required the woman to be, who was to be wedded 
 to the god 2 and to perform the sacrifices. And on this 
 account they set it up in the most ancient and holy temple 
 of Bacchus in Limnse, that the inscription might not be seen 
 by many; for it is only opened once every year, on the 
 twelfth day of the month Anthesterion. Therefore, men of 
 Athens, it is right that you also should show your respect for 
 these sacred and solemn rites, for the celebration of which 
 your ancestors have so honourably and magnificently pro- 
 vided ; and you should punish those who insolently defy 
 your laws, and who commit outrages against your religion, 
 for two reasons, first, that they may pay the penalty of their 
 crimes, and secondly, that others may take warning and may 
 be afraid to sin against the gods and the commonwealth. 
 
 I wish now to call before you the sacred herald, who 
 attends upon the wife of the king-archon, when she ad- 
 ministers the oath to the venerable priestesses, bearing their 
 baskets 3 before the altar, before they touch the victims : 4 
 that you may hear the oath and the words which are pro- 
 nounced, so much at least as you are allowed to hear, and 
 that you may understand how solemn and holy and ancient 
 these customs are. 
 
 THE OATH OF THE PRIESTESSES. 
 
 " I keep myself chaste, and am pure and unstained of all 
 which pollutes and of commerce with man, and I solemnize 
 the wine-feast and the lobacchic feast in honour of Bacchus 
 according to the custom of the country and at the appointed 
 periods." 
 
 1 Auger "en caracteres attiques presqu' effaces." In his note 
 " C'est k dire, en caracteres anciens. Suivant Harpocration, les carac- 
 teres loniens, qui composoient les vingt-quatre lettres, et qui furent 
 depuis en usage, ne furent invente's quo fort tard." 
 
 2 Eeading Aiovixry, instead of aoi. 
 
 3 Containing the salt meal, which was thrown on the head of th 
 victim. 
 
 4 Auger " objets eacrfe." 
 
AGAINST NE^IRA. 261 
 
 You have heard the oath and the ancient usages of the 
 country, as far as it is possible to speak of them, and how 
 the woman, whom Stephanus affianced as his daughter to 
 Theogenes, when king-archon, performed these sacred rites 
 and administered the oath to the venerable priestesses ; and 
 you have been informed, that even the women who solemnise 
 these rites are not allowed to speak of them to any one else. 
 Now let me produce to you a piece of evidence, which has 
 been given in secret, but which I shall show by the facts 
 themselves to be certain and true. 
 
 When these rites had been solemnised, and the nine 
 archons had gone up to the Areopagus at the appointed time, 
 the Areopagic Council, whose services to the state in regard 
 to religion are generally so valuable, proceeded at once to 
 make inquiries about this wife of Theogenes, and discovered 
 who she was, and proposed, in their zeal for the interests of 
 religion, to fine Theogenes in the highest sum which they 
 can by law. Their measures were taken cautiously and in 
 secret ; for they have not an absolute power to punish any 
 Athenian as they please. They gave him a hearing, and 
 Theogenes, seeing that the council were indignant, and were 
 prepared to fine him for having married such a wife and 
 allowed her to perform the mystic sacrifices for the state, had 
 recourse to the most humble prayers and entreaties, alleging 
 that he did not know her to be the daughter of Nesera, but 
 that he was deceived by Stephanus, and married her accord- 
 ing to law as his legitimate daughter, and that by reason of 
 his ignorance of public business and in perfect innocence and 
 simplicity he had made Stephanus his assessor, that he 
 might discharge his official duties, supposing him to be a 
 friend, and on that account he had become his son-in-law. 
 And said he rt I will give you the strongest and plainest 
 proof that I speak the truth. I will dismiss the woman from 
 my house, as she is the daughter of Nesera and not of Stephanus. 
 And if I do so, I trust you will believe my assertion that I 
 was deceived : if I fail to do so, then punish me as a base 
 man, guilty of impiety to the gods." Upon his making this 
 promise and request, the Council of Areopagus, having com- 
 passion on him as a simple-minded man, and thinking that he 
 had been in reality deceived by Stephanus, suspended their 
 judgment. Theogenes, immediately after he had returned 
 
262 THE OKATIONS OF DEMOSTHENES. 
 
 from the Areopagus, turns his wife, Nesera's daughter, 
 out of his house, and expels the defendant Stephanus, who 
 had deceived him, from the magisterial board. And so the 
 Areopagites abandoned their proceedings against Theogenes, 
 relenting from their anger, and forgiving him on account of 
 the imposture which had been practised on him. 
 
 To prove the truth of these statements, I will call Theo- 
 genes himself before you as a witness, and I will compel him 
 to give evidence. Please to call Theogenes of Ercheia. 1 
 
 THE DEPOSITION. 
 
 "Theogenes of Ercheia deposes, that, when he held the 
 office of king-archon, he married Phano as being the daughter 
 of Stephanus, and that, when he found he had been deceived, 
 he turned the woman away and no longer cohabited with 
 her, and dismissed Stephanus from the assessorship and no 
 longer allowed him to act as his assessor." 
 
 Now, take the law which I hold in my hand, in reference 
 to these matters, and read it to the jury ; that they may see, 
 that a woman of such an origin and such a character ought 
 not only to have kept away from these ceremonies, to have 
 abstained from witnessing them, from offering sacrifice, and 
 performing any religious services on behalf of the state, but 
 she should have been excluded from every place of public 
 worship in Athens. For a woman who has been caught in 
 adultery is no longer permitted to attend any of the public 
 sacrifices, not even those which an alien or a slave has a right 
 by law to attend either as suppliant or spectator. Such 
 women, those I mean who have been caught in adultery, are 
 alone forbidden by the laws to attend our public sacrifices, 
 and, if they come to them in defiance of the laws, they may 
 suffer any maltreatment, short of death, from any person 
 that likes to inflict it, with impunity. The law allows any 
 person who happens to encounter such a woman to vindicate 
 our insulted religion. And on this account the law declares, 
 that she may suffer any outrage short of death without right 
 of legal redress, in order that our places of public worship 
 may not be polluted or profaned, and that our women may, 
 
 1 As Theogenes is before described as belonging to the township of 
 Cothocidse, the reading dptyiepta, which occurs in one manuscript, seems 
 preferable. 
 
AGAINST NEJBRA. 263 
 
 under the influence of a salutary terror, be led to behave 
 themselves discreetly, to abstain from doing wrong, and keep 
 to their domestic duties : for it teaches them that, whoever -is 
 guilty of any offence of this nature, will at the same time be 
 expelled from her husband's house and from the temples of 
 the city. 
 
 You shall hear the law itself, and then you will know that 
 I am not deceiving you. Please to take the law. 
 
 THE LAW OF ADULTERY. 
 
 " And when he has caught the adulterer, it shall not be 
 lawful for the person who has so caught him to cohabit with 
 his wife ; and if he does cohabit with her, he shall be dis- 
 franchised. And it shall not be lawful for the woman, who 
 has been caught in adultery, to attend the public sacrifices ; 
 and if she does attend them, she may suffer any maltreat- 
 ment short of death with impunity." 
 
 I wish now, men of Athens, to produce to you the testi- 
 mony of the whole Athenian people, to show you how deep 
 an interest they take in these religious ceremonies, and what 
 cave they have taken to guard their sanctity. The people of 
 Athens, being the supreme power in the state, and having 
 the absolute right to do what they please, regarded the gift 
 of Athenian citizenship as a thing so honourable and so 
 noble, that they passed restrictive laws defining in what way 
 citizens should be created, which laws have now been trampled 
 on by the defendant Stephanus and the persons who have 
 contracted such marriages. You will be the better for hear- 
 ing them recited, and you will know how these people have 
 profaned the most honourable and noble gifts which are con- 
 ferred upon benefactors to your country. 
 
 In the first place, there is a law binding on the people, for- 
 bidding them to create a citizen, who does not deserve to 
 become such on account of signal services to the Athenian 
 state. In the next place, when the people have been pre- 
 vailed upon and have bestowed the gift, their creation of a 
 citizen is not allowed to be valid, unless in the ensuing 
 assembly it is confirmed by more than six thousand 
 Athenians voting secretly by ballot. And the presidents are 
 commanded by the law to place the ballot-boxes and give 
 the balls to the people as they come up, before the strangers 
 
264: THE ORATIONS OF DEMOSTHENES. 
 
 enter and remove the stalls, 1 in order that every Athenian 
 may exercise an independent judgment as to the person whom 
 he means to create a citizen, whether such person is worthy 
 of the gift which he is about to receive. And after this, it 
 gives an indictment against him for an illegal measure to 
 any Athenian that pleases, who may come into court and 
 prove that the new citizen is not worthy of the gift, but has 
 been created such contrary to the laws. And it has happened 
 ere now that, after the people had conferred the gift of 
 citizenship at the request of persons who deceived them, an 
 indictment for an illegal measure has been preferred and 
 brought to trial, and the person who received the gift has 
 been proved to be unworthy of it, and the court has taken 
 it away from him. To enumerate the cases which have oc- 
 curred in ancient times would be tedious ; I will mention 
 those only which you all remember, of Pitbolas the Thessalian 
 and Apollonides the Olynthian, who, having received the 
 grant of citizenship from the popular assembly, were deprived 
 of it by the court of justice. These are modern examples, 
 and you cannot have forgotten them. 
 
 Wise and stringent as are these constitutional laws, defin- 
 ing the measures necessary to be taken for the creation of 
 citizens ; there is, in addition to them, another established 
 law of the greatest importance : such forethought had the 
 people for themselves and for the gods, that our public sacri- 
 fices should be offered with all due devotion and solemnity. 
 The law expressly declares that, when citizens have been 
 created by the people of Athens, they shall not be eligible 
 to the offices of the nine archons, or to hold any priesthood; 
 though their descendants are allowed by the people to share 
 all civic rights, with this condition, that their mothers must 
 be women of Athenian birth and affianced according to law. 
 I will prove the truth of these statements by testimony of 
 the clearest and strongest kind. But first let me explain to 
 you the original foundation of the law, and show you how it 
 came to be passed and to whom its provisions related, and what 
 
 1 Pabst " die Buden wegzuschaffen." Harpocration supposes that 
 the wattles, or whatever the yep fa may have been, were used to block 
 up the approaches to the Pnyx, till the voting was over. See Becker's 
 Charicles, Excursus on the Markets, page 285, Translation; and com- 
 pare the Oration on the Crown, Vol. II. of this work, page 68. 
 
AGAINST NE^RA. 265 
 
 gallant men they were and what firm friends they had been to 
 the people of Athens. From all this you will see how that 
 honour which the people reserve for their benefactors has been 
 degraded, and what important privileges are withdrawn from 
 your disposal by Stephanus the defendant, and by those who 
 have married and begot children in the same way that he has. 
 The Plataeans, men of Athens, were the only Greek people 
 who came to your assistance at Marathon, when Datis, the 
 general of king Darius, returning from Eretria after having 
 subjugated Euboea, landed on our shores with a large force 
 and ravaged the country. And the picture in the painted 
 portico exhibits to this day the memorial of their valour : 
 for each of them is represented hastening to your succour 
 with all possible speed, the whole body being distinguished 
 by their Boeotian caps. Again when Xerxes invaded Greece, 
 and the Thebans went over to the Medes, they (the Platseans) 
 refused to abandon our alliance, and, separating themselves 
 from the rest of the Boeotians, one half of them joined the 
 Lacedaemonians and Leonidas, withstood the advance of the 
 barbarians at Thermopylae, and fell in that field of battle with 
 their allies ; while the remainder embarked in our triremes, 
 as they had no vessels of their own, and assisted you in the 
 seafights at Artemisium and Salamis. And they fought in 
 the last battle at Plataea with Mardonius, the king's general, 
 in conjunction with you and those allied with you for the 
 liberation of Greece, and the liberty which they won they de- 
 posited as a common prize for the whole Greek community. 
 When Pausanias, king of the Lacedaemonians, presumed to 
 put an insult upon you, and was not content that his country- 
 men were honoured with the sole command by the Greeks, 
 and that your state, while in truth she led the Greeks to 
 freedom, forbore to strive for precedency with the Lacedae- 
 monians, for fear of exciting envy among the allies I say, 
 when Pausanias, king of the Lacedaemonians, puffed up with 
 these honours, inscribed a distich upon the tripod at Delphi, 
 which the confederate Greeks who had fought at Plataea and 
 Salamis had constructed jointly and had offered to Apollo as a 
 memorial of their victory over the barbarians which distich 
 is as follows : 
 
 He that hath vanquished the Mede, Pausanias, leader of Hellas, 
 This grateful monument unto Apollo presents : 
 
266 THE ORATIONS OF DE&OSTHENES. 
 
 as if the achievement and the offering were his own, and not 
 the common work of the allies the Greeks being in wrath 
 at this, the Plataeans, on behalf of the whole confederacy, 
 commence a suit against the Lacedaemonians before the 
 Amphictyons for a thousand talents, and compelled them to 
 erase those verses, and to engrave the names of all the states 
 which had taken part in the battle. By this they drew upon 
 themselves the bitter hatred of the Lacedaemonians and the 
 royal family of that state. For the moment the Lacedeemo- 
 nians had no means of dealing with them as they desired ; but 
 about fifty years later Archidamus, the son of Zeuxidamus, 
 king of the Lacedaemonians, made an attempt in time of 
 peace to surprise their city. He received assistance in this 
 project from Thebes, and his chief instrument was Eurymachus, 
 son of Leontiades, the Boeotarch, the gates having been opened 
 at night by Nausiclides and his accomplices, who had been 
 won over by bribes. The Plataeans, having discovered that 
 the Thebans had got into their city in the night and had 
 surprised it in time of peace, ran to arms and formed in 
 order of battle to meet the enemy. As soon as it was day- 
 light, they saw that the Thebans were not many in number, 
 for only an advanced troop had entered j a large quantity of 
 rain had fallen in the night and prevented the arrival of the 
 main body; the river Asopus had overflowed its banks, and 
 it was not easy to cross, especially in the night-time when 
 the Plataeans therefore saw the Thebans in their city and knew 
 that the whole body had not arrived, they fall upon them, 
 vanquish them in battle, and put them to the rout before 
 the arrival of reinforcements : and they despatch a courier 
 to you, to inform you of the occurrence and of the victory 
 which they had gained, and to require your assistance in case 
 the Thebans should ravage their territory. The Athenians, 
 when they heard what had taken place, hastened with succour 
 to Plataea, and the Thebans, when they saw that the Athenians 
 had sent succour to the Plataeans, returned home. When 
 the Thebans had thus failed in their enterprise, and the 
 Platseans had put to death those whom they had taken in 
 battle, the Lacedaemonians were in great wrath, and imme- 
 diately without any pretext marched against Plataea, having 
 ordered all the Peloponnesians to send two-thirds of^their 
 army from their respective cities, and having given notice to 
 
AGAINST NE^RA. 267 
 
 all the rest of the Boeotians and the Locrians and Phocians 
 and Malians and CEtaeaus and ^Enians to march with all their 
 forces. And they invested the city of the Platseans with a 
 large blockading force, and proposed to them that they 
 should deliver up the city, keeping their territory and enjoy- 
 ing their possessions, and renounce the Athenian alliance. 
 The Platseans refused these terms, returning for answer that 
 that they would do nothing without the Athenians ; where- 
 upon the Peloponnesians drew round them a double wall of 
 circumvallation, and blockaded them for two years, making 
 repeated and various attempts to take the city by storm. 
 When the Plataeans were thoroughly exhausted, and reduced 
 to extremity and desperation, they drew lots and divided 
 themselves into two parts ; one division remained to endure 
 the siege ; the others waited for a night of rain and violent 
 wind, and then, making their exit from the city, passed the 
 intrenchments undiscovered by the enemy, massacred the 
 sentinels, and reached Athens in safety, wholly unexpected, 
 and in a most miserable plight. Of those who stayed behind, 
 after the city had been taken by storm, all who had reached 
 to the age of manhood were put to the sword ; the women 
 and children were reduced to slavery, except those who had 
 gone secretly to Athens when they learned the advance of 
 the Lacedaemonians. 
 
 Now see in what way you imparted the freedom of your 
 city to the men who had thus signally displayed their good- 
 will to the Athenian people, and who had sacrificed all their 
 possessions, as well as their wives and their children. The 
 law is apparent to all from your decrees, and you will know 
 from them that I am speaking the truth. Please to take this 
 decree, and read it to the jury. 
 
 THE DECREE CONCERNING THE PLAT^JANS. 
 
 "On the motion of Hippocrates, it is decreed that the 
 Platseans shall be Athenian citizens from this day, and pos- 
 sessed of the franchise in like manner as the other Athenians, 
 and that they shall enjoy all rights which the Athenians 
 enjoy, both civil and sacred, except any priesthood or devo- 
 tional office which belongs to a particular family, and except 
 that they shall not be eligible to the places of the nine 
 archons, but their descendants shall be eligible to these. 
 
268 THE ORATIONS OF DEMOSTHENES. 
 
 And the Plataeans shall be distributed among the townships 
 and the tribes, and, after they have been so distributed, it 
 shall no longer be lawful for any Plateean to become an 
 Athenian citizen, without having obtained a grant from the 
 people of Athens." 
 
 You. see, men of Athens, how justly and wisely the orator 
 framed the decree on behalf of the Athenian people, requir- 
 ing that the Platseans, upon receiving the grant of citizen- 
 ship, should first undergo their several probations in the 
 court, to ascertain whether each of them was a Platsean and 
 one of the friends of the state, for fear that other persons 
 might get the freedom of the city under that pretence ; and 
 secondly, that the names of those who had passed their pro- 
 bation should be inscribed on a stone pillar, to be set up in 
 the Acropolis by the temple of the Goddess, in order that 
 the grant might be preserved to their descendants, and every 
 one might have the means of proving to which of the original 
 receivers he was a relative. And he does not allow any one 
 to become an Athenian at a later period, who is not created 
 such at the time and approved in the court of justice, for 
 fear that others should procure for themselves the freedom of 
 the city by pretending to be Platseans. And besides this, he 
 defined at once in his decree the rule to be observed in rela- 
 tion to them, both in a political and religious point of view, 
 declaring that none of them should be drawn for the offices 
 of the nine archons or for any priesthood, but that their 
 descendants should be eligible to such offices, if their mothers 
 were of civic birth and married according to law. 
 
 It would be monstrous, when in the case of your neigh- 
 bours, who of all the Greeks have been confessedly your 
 greatest benefactors, you so carefully and so strictly denned 
 the conditions on which they should receive the grant of 
 citizenship, that you should allow a woman, who has openly 
 prostituted herself in all parts of Greece, thus shamefully and 
 recklessly to insult the state and offend the gods with im- 
 punity, a woman who is neither of civic parentage nor 
 naturalised by a vote of the people. Where has she not 
 prostituted her person for hire? Where has she not gone 
 for her daily wages 1 Has she not carried on her infamous 
 traffic in the whole of Peloponnesus 1 Has she not been in 
 Thessaly and Magnesia with Simus the Larisssean and Eury. 
 
AGAINST NEJ2RA. 269 
 
 damas, the son of Midias ; in Chios and most parts of Ionia, 
 in the train of Sotades the Cretan, when Nicarete, to whom 
 she belonged, let her out for hire 1 What do you think a 
 woman does, who is subject to strange men and goes about 
 with any one who pays her ? Will she not lend herself to all 
 the pleasures of those that hire her ? And will you declare 
 by your verdict that a woman like this, who to the certain 
 knoVledge of all men has travelled over the world l belongs to 
 the Athenian community 1 And what glorious act will you 
 say you have done, when people ask you? Rather, what dis- 
 honour, what impiety must you not confess yourselves to be 
 chargeable with? Before this woman was indicted and 
 brought to trial, and before you all heard what she was and 
 what acts of impiety she had committed, the offences would 
 have been hers, and the neglect the state's ; and some of you 
 would not have known anything about the matter, while 
 those who had heard of it would have expressed indignation, 
 but would have had no means of punishing her, there being 
 no one to bring her to trial or ask for your verdict upon her. 
 But now that you all know the circumstances, and have her in 
 your power and are competent to punish her, the sin against 
 the gods is yours, if you decline to punish her. And what 
 will each of you say, when he goes home to his wife or his 
 daughter or his mother, after having acquitted this woman, 
 when the question is asked, where you were and you say, 
 "we were sitting in judgment?" "On whom?" it will be 
 asked. " On Nesera," you will say of course " because 
 she, being an alien, has been living as wife with a citizen, 
 contrary to law, and because she gave her daughter, who was 
 unchaste, in marriage to Theogenes the king-archon, and 
 this daughter performed the mystic sacrifices on behalf of the 
 state and was given as wife to Bacchus " this and all the rest 
 you will report, mentioning the particulars of the accusation, 
 and how carefully and accurately they were stated in court. 
 Your hearers will ask " well ; what did you do V and you 
 will say, "we acquitted her." The most virtuous of the ladies 
 will then be angry with you, for allowing this woman to 
 
 1 Pabst and Auger take elpyaapevnv in a different sense. Pabst 
 von der es allbekannt 1st, dass sie wegen ihres Gewerbes den ganzen 
 Erdkreis durchzogen hat." Auger " reconnue publiquemt-. L *. '' 
 ralement pour s'etre prostitute par toute la terre." 
 
270 THE ORATIONS OF DEMOSTHENES. 
 
 enjoy civil and religious privileges in like manner with them- 
 selves : those who are inclined to folly you encourage to do 
 what they please, under the idea that, however they may in- 
 dulge their passions, you and the laws have given them im- 
 punity. For, if you are tolerant of what they they do, and 
 show your indifference to it, it will be thought that you agree 
 with their principles. It would have been far better there- 
 fore, that this trial should never have taken place, than that, 
 having taken place, you should pronounce a verdict of ac- 
 quittal. For, in that case, prostitutes will be at perfect 
 liberty to live with what men they please, and to affiliate 
 their children upon anybody ; and your laws will become 
 invalid, and the principles of loose women will prevail, and 
 have no restraint. Have regard then to the women of your 
 own community, that the daughters of humble citizens may 
 not be left unmarried for want of a dowry. Now, though a 
 girl be poor, the law helps to find her a suitable dowry, if 
 nature has but given her a tolerable person ; but if you, by 
 the acquittal of this defendant, annul and trample upon the 
 law, the traffic of prostitution will extend to the daughters of 
 citizens, who are unable to marry for lack of a dowry, and the 
 dignity of free-born women will pass to courtesans, when a 
 license is given them to have sexual intercourse with whom 
 they please, and to partake in all the sacrifices and religious 
 ceremonies and honours of the state. 
 
 Consider then, I pray you, that each of you is about to 
 give your verdict, either for a wife, or for a daughter, or for a 
 mother, or for the laws and the constitution and the religion 
 of the country, in order that respectable women may not be 
 put on the same footing with this prostitute that women 
 who have been carefully and modestly brought up by their 
 relations, and given in marriage according to the laws, may not 
 be ranked in the same class with one of loose and disgusting 
 manners, who has repeatedly and day after day granted her 
 favours to any number of men that solicited them. Don't 
 look upon me, the speaker, as Apollodorus, and these who 
 will support and plead for the defendant as Athenians ; but 
 look upon it that the laws and Nesera are contending with 
 each other upon the facts which are in evidence. While you 
 are upon the case for the prosecution, hear the laws them- 
 selves, through which the constitution is maintained, and 
 
AGAINST NE^IRA. 271 
 
 according to which you are sworn to give judgment ; hear 
 what they prescribe, and how they have been disobeyed, by 
 my opponents. When you are upon the defence, bear in 
 mind the charge which the laws prefer and the proof offered 
 by the prosecutor ; look at the personal appearance of this 
 woman, and consider this only, whether she, being Nesera, 
 has been guilty of the acts with which she is charged. 
 
 It would not be amiss, men of Athens, if you called to mind 
 what happened to Archias, the hierophant. He was convicted 
 in court of impiety for offering a sacrifice contrary to 
 ancient usage, and you passed sentence upon him. It was 
 charged against him among other things, that at the harvest- 
 feast, when Sinope the courtesan brought a victim to the 
 altar in the court at Eleusis, he sacrificed it for her, it not 
 being lawful to sacrifice victims on that day, and the sacrifice 
 not belonging to himself, but to the priestess. Dreadful 
 indeed would it be, that a man of the race of the Eumolpidse, 
 a descendant of an honourable family, and a citizen of Athens, 
 should suffer punishment for having transgressed an esta- 
 blished usage notwithstanding that his friends and relations 
 interceded for him notwithstanding the public charges 
 which had been defrayed by him and his ancestors notwith- 
 standing his being hierophant you gave him not the benefit 
 of all this, but punished him for the crime of which he had 
 been found guilty and shall this Nesera, who has committed 
 offences against this same god and against the laws, she as 
 well as her daughter, be suffered by you to escape with 
 impunity 1 
 
 I wonder for my part, what they will urge to you in their 
 defence. Will they say that Nesera the defendant is a woman 
 of civic birth, and lives with Stephanus according to the 
 laws ? They cannot say this ; for it is in evidence, that 
 she is a loose woman, and has been the slave of Nicarete. 
 Or will they pretend, that she is not his wife, but that he 
 keeps her as a concubine ? This cannot be ; for her sons, who 
 have been introduced by Stephanus to his clansmen, and her 
 daughter, who has been given in marriage to an Athenian 
 citizen, manifestly prove that Stephanus has lived with her as 
 his wife. I take it therefore, that neither Stephanus himself 
 nor any one on his behalf will attempt to show, that the charge 
 and the evidence are not true and that Neasra the defendant 
 
272 THE ORATIONS OB DEMOSTHENES. 
 
 is a woman of civic birth : but I am told, that he means to 
 set up a defence of this sort, that he keeps her not as a wife 
 but as a mistress, and that his children are not by her, but 
 by another woman, an Athenian of his own kindred, whom he 
 says he formerly married. To meet this impudent assertion, 
 this defence which he has concocted, and which he is pre- 
 pared to support by false witnesses, I tendered him a fair and 
 carefully drawn challenge, by means of which you might 
 have ascertained the whole truth : I proposed that he should 
 deliver up the female servants, Thratta and Coccalina, who 
 continued with Neaera at the time when she came to Ste- 
 phanus from Megara, and those whom she afterwards pur- 
 chased when she lived with him, Xenis and Drosis; who 
 know perfectly well, that Proxenus who died, and Ariston 
 who is yet living, and Antidorides who runs in the footraces, 
 and Phano, formerly called Strybele, who married the king- 
 archon, were all children of Nesera. And, if it should appear 
 from the torture, that Stephanus the defendant had married 
 an Athenian wife, and that he had these children not by 
 Nesera, but by another woman, a born Athenian, I offered 
 to withdraw from the case, and not bring this indictment 
 into court. For this is matrimony, when a man begets 
 children, and introduces the sons to the members of his clan 
 and township, and affiances the daughters to their husbands 
 as his own. Mistresses we keep for pleasure, concubines for 
 daily attendance upon our person, wives to bear us legitimate 
 children and be our faithful housekeepers. Therefore, if 
 Stephanus formerly married an Athenian wife, and these chil- 
 dren were by her and not by Nesera, he might have shown it 
 by the most certain proof, delivering up these female slaves 
 for examination. 
 
 To prove that I challenged him, you shall hear the deposi- 
 tion and the challenge read. Eead the deposition, and then 
 the challenge. 
 
 THE DEPOSITION. 
 
 " Hippocrates, son of Hippocrates, of Probalinthus, Demos- 
 thenes, son of Demosthenes, of Pseania, Diophanes, son of 
 Diophanes, of Alopece, Diomenes, son of Archelaus, of 
 Cydathenseum, Dinias, son of Phormidas, of Cydantidse, 
 Lysimachus, son of Lysippus, of ^Egilia, depose, that they 
 
AGAINST NE.ERA. 273 
 
 were present in the market-place, when Apollodorus chal- 
 lenged Stephanus, requiring him to deliver up the female 
 servants to be questioned upon the subject of the charges 
 which Apollodorus was preferring against Stephanus con- 
 cerning Neaera ; and that Stephanus declined to deliver up 
 the female servants ; and that the challenge was that which 
 Apollodorus produces." 
 
 Now read the challenge itself, which I tendered to the de- 
 fendant Stephanus. 
 
 THE CHALLENGE. 
 
 " Apollodorus tendered this challenge to Stephanus upon 
 the subject of the indictment which he has preferred, charging 
 that Neeera, being a foreign woman, lives with him as his wife. 
 Apollodorus is ready to receive for examination by torture 
 the female servants of Nesera, whom she brought from Megara 
 to Athens, namely, Thratta and Coccalina, and those whom 
 she afterwards purchased when living with Stephanus, namely, 
 Xenis and Drosis, who know for certain about the children of 
 Nesera, that they are by Stephanus, namely, Proxenus, who 
 died, and Ariston, who is now living, and Antidorides, who 
 runs in the footraces, and Phano. And should they confess 
 that these children are by Stephanus and Nesera, I proposed 
 that Nesera should be sold for a slave according to the laws, 
 and that her children should be declared to be aliens : but 
 if, instead of confessing them to be her children, they declared 
 them to be the children of another woman, an Athenian born, 
 I offered to give up the cause against Nesera, and to pay for 
 whatever damage the females might sustain by the torture." 
 
 Upon my giving this challenge to Stephanus, men of the 
 jury, he declined to accept it. Does it not then appear to 
 you, men of the jury, to have been decided by Stephanus 
 himself, that Nesera is liable to the indictment which I have 
 brought against her, and that I have told you the truth, 
 and produced true testimony, and that whatever Stephanus 
 urges will be false, and that the rottenness of his case will be 
 apparent from his own conduct, when he has been afraid to give 
 up to the question the female slaves whom I demanded ? 
 
 Thus, men of the jury, have I, as the avenger both of 
 myself and of the gods, whom they have offended, brought 
 these defendants to trial and delivered them up to be dealt 
 
 VOL. v. T 
 
274 THE ORATIONS OF DEMOSTHENES. 
 
 with by your verdict. It is for you now to perform your 
 duty. Be assured that not a single one of your votes will be 
 hidden from the gods, whom these persons have sinned 
 against j under this assurance pronounce the verdict which 
 justice requires, and avenge the wrongs done to the gods as 
 well as your own. If you adopt this course, you will be 
 thought by all men to have given a fair and righteous de- 
 cision upon this indictment, which I have preferred against 
 Neaera, charging that she, an alien, has lived as wife with 
 a citizen. 
 
 THE FUNERAL ORATION. 
 
 THE ARGUMENT. 
 
 THAT Demosthenes, after the unfortunate battle of Chseronea, was 
 chosen by the Athenians to deliver the funeral oration in honour of 
 the fallen, the reader has already seen (Or. de Cor. vol. ii. page 103). 
 
 Whether the speech now before us is the one which he really delivered, 
 is a matter which has been doubted from an early period. Harpo- 
 cration quotes it with the remark, " if it is genuine." Dionysius of 
 Halicarnassus declares it to be unworthy of Demosthenes, remarkable 
 only for fine-sounding words and poverty of thought. The like 
 judgment is pronounced by Libanius, Photius, and Suidas; and, 
 among modern critics, by Taylor, Bekker, Valkenaer, Wolf, Heyne, 
 Schafer, Westermann, and Ranke. On the other hand, it is defended 
 by Kriiger, Becker, and Pabst. The last -mentioned critic observes, 
 that although this speech is far inferior to the celebrated funeral 
 oration of Pericles in Thucydides, and to that in the Menexenus of 
 Plato, yet it is superior to the artificial composition of Lysias on the 
 same subject. He points out also a similarity between certain pas- 
 sages in this oration and that on the Crown, as tending to prove the 
 genuineness of this. The remarks of Becker, in his " Demosthenes 
 als Staatsmann und Redner," are instructive as to the character and 
 object of these funeral speeches, and therefore I subjoin a translation 
 of them : 
 
 " A beautiful custom in Greece, by which a grateful country strove to 
 honour her sons who fell in battle in her defence, was the solemn 
 interment of their ashes in a public tomb. The state considered this 
 public distinction of men, who had sacrificed their lives for the 
 maintenance of her free constitution, as a sacred duty of justice and 
 gratitude : she therefore made provision, that the memory of such 
 citizens should be worthily celebrated by orations, and perpetuated 
 by monuments. 
 
 :< By whomsoever this custom may have been introduced into Athens 
 whether by Solon, as is very probable, or shortly after the Persian 
 
THE FUNERAL ORATION. 275 
 
 wars, as some persons contend it must ever be regarded as unques- 
 tionably the most praiseworthy which the wisest people of the 
 ancient world admitted among their institutions. This tribute, which 
 was paid to the beloved dead by a public acknowledgment of their 
 services ; this kind sharing by the whole commonwealth of the losses 
 which individual families had sustained ; this gentle consolation, 
 which the orator, nominated by the state, and also in the name and on 
 behalf of the state, administered to the fathers and mothers, wives 
 and children, of those who had perished in battle ; lastly, this general 
 lifting up of the soul above sorrow, upon the unfortunate issue of 
 a battle who does not see, that the whole of such an arrangement 
 corresponded with the noble spirit of the people, who especially in, 
 the best times of their history willingly offered up their lives upon 
 the field for their country, for freedom, and for renown ? They had 
 from their youth upwards seen and heard, that an ever-glorious- 
 memory was from generation to generation secured to the fallen by 
 means of a grateful commonwealth. When there is such an assurance 
 as an eminent man (Schlegel) has truly said we cannot wonder, 
 that not only a great number of heroic individuals should devote 
 themselves to death for the commonwealth, but also that whole 
 crowds of inspired citizens, not in drunken fury, but in sober re- 
 flection, should seek the field from which they know that they shall 
 never return ; we cannot wonder that the Athenians especially should 
 know so well how to die for public freedom. 
 
 For an accurate description of these last honours to the dead, we are 
 indebted to Thucydides, who, as an introduction to the splendid 
 speech of Pericles, gives the following account of the ceremony 
 (11.34): 
 
 ' The bones of the dead are laid out three days before, a tent being 
 erected, and each man brings to his own relative what funeral offering 
 he pleases. On the day of the funeral coffins of cypress-wood are 
 carried in wagons, one for each tribe ; in which are laid the bones of 
 every man, according to the tribe to which he belonged ; and one 
 empty bier is carried, spread with a cloth, in honour of the missing, 
 whose bodies could not be found for interment. Any one that pleases, 
 whether citizen or stranger, joins in the procession; and their female 
 relatives attend at the burial to make lamentation. The urns are 
 laid in the public sepulchre, which is in the fairest suburb of the 
 city, [the Ceramicus,] in which they always bury those who have 
 fallen in war, (except those who fell at Marathon ; to whom, as being 
 distinguished for a valour pre-eminent above all, they gave a burial 
 on the spot.) After they have laid them in the ground, a man chosen 
 by the state one of high repute for his ability, and also of eminence 
 by his position speaks over them an appropriate panegyric ; after 
 which they all retire. In this way they bury them ; and through the 
 whole of the war, upon every occasion, the established custom was 
 observed. Upon the first of the public funerals Pericles, the son of 
 Xanthippus, was chosen to speak. At the appointed time, advancing 
 from the sepulchre to a platform, which had been raised to the 
 same height, that he might be heard as far as possible over the crowd, 
 he spoke, &c.' 
 
 T2 
 
276 THE ORATIONS OP DEMOSTHENES. 
 
 u Only a few of these funeral orations have been handed down to us 
 from the ancients. Some of them were actually spoken at the cere- 
 mony ; others were only sketched out by the writers whose names 
 they bear, without having been really delivered on such an occasion. 
 
 " To the latter class belongs avowedly the noble oration of Plato in the 
 Menexenus, which the philosopher puts in the mouth of Socrates, 
 with the assertion that it was composed by Aspasia. It seems that 
 Plato, dissatisfied with the ordinary form of these public funeral 
 orations, wished to show by a specimen, how the orators might on so 
 important an occasion express themselves in a more lofty way than 
 they were accustomed to do. 
 
 *' In the same class, it seems, we must place the oration of Pericles in 
 Thucydides. For, though the historian ascribes it to that statesman, 
 it is most probably a work of his own design and composition, like 
 the rest of his speeches ascribed to other men. 
 
 " From the two last-mentioned discourses we get less information as to 
 the general object and character of these funeral orations, than from 
 those of Lysias, Demosthenes, and Hyperides. 
 
 " The Epitaphius of Lysias was composed Olymp. 96, in honour of the 
 Athenians who had fallen in the Corinthian war. The argument and 
 the style are like those of the Deinu.sth.enic ; but the style is very 
 unlike that of Lysias in his judicial speeches. 
 
 " Of the mourning speech of Hyperides we possess only a fragment, 
 which, on account of its great merit, makes us doubly regret the loss 
 of the whole. (Stobseus, Serm. 121, p. 525.) It appears to be the 
 peroration of the funeral speech in honour of Leosthenes. 
 
 " Of all the orators who were called upon to speak the praises of those 
 fallen in battle, none had so honourable and at the same time so 
 arduous a task imposed on him, as Demosthenes had after the battle 
 of Chaeronea. He himself observes at a later period, how unmis- 
 takeably the people had shown their confidence in him, by choosing 
 him for this office rather than an orator of the opposite party ; and 
 that their choice was a tacit approbation of the measures which he 
 had advised, notwithstanding their calamitous result. 
 
 " Could we place ourselves in the position of the speaker, it would 
 appear that this duty was one of the hardest which could be imposed 
 on him. The peace with Philip had only just been concluded, and 
 under the most favourable conditions. The king himself had given 
 up the Athenian slain without ransom, and had thus facilitated the 
 performance of the ceremony. The orator was therefore obliged, in 
 mentioning his adversary, to observe a moderation, which was quite 
 foreign to his character and to his long habit of speaking as the 
 decided enemy of the Macedonians. Further, the position of the 
 state was helpless, and the man, who was to console others, was him- 
 self stunned by the blows of a most cruel destiny. He was also to 
 cheer and raise the spirits of those fellow-citizens, who by his advice 
 had been driven to the field, and there had lost their relations 
 and friends. 
 
 " These difficulties however were in a great measure diminished by the 
 circumstance, that both the form and subject of a funeral oration had 
 been for a long time past defined and limited by usage. It was not 
 
THE FUNERAL ORATION. 277 
 
 the pleasing style of the discourse that was to give comfort and tran- 
 quillity to the hearers : it was from the prescribed technical form of 
 the discourse that this result was to be expected. We must pursue 
 this idea and develop it further, before we proceed to pass judgment 
 on the oration. 
 
 "A peculiar class of public speeches fbr solemn occasions, (to which 
 class the Epitaphian belonged,) was the epideictic, which had for their 
 subject the praise or censure of persons or things. (See Aristotle, 
 Rhet. i. 9.) Both the argument and the character of them were 
 defined by rules ; and therefore the talent of the speaker had less 
 free scope for exertion than in other kinds of discourses. Such was 
 more particularly the case in funeral orations, for which a definite 
 form was prescribed on the part of the state. This subject was 
 always the same praise of the dead ; mourning of their country for 
 their loss ; consolation for the nearest relatives. It was the especial 
 duty of the orators on this occasion to celebrate the ancestors and 
 their deeds, and for that purpose to go back to a mythical period, 
 and with the memory of olden times to connect the recent glorious 
 acts of their descendants. Just so with the grounds of comfort, 
 which the orators suggested to the mourners; the renown of the 
 departed, which they obtained peculiarly by means of their public 
 burial ; their happy lot in the world below; the care which the state 
 would take of their children ; and lastly, the calling upon them to 
 submit themselves to their destiny as heroically as the fallen warriors 
 had done ; &c. It appears especially from the usual commencement 
 and conclusion of the mourning speeches, that the orator was obliged 
 to conform to prescribed usage. They commence nearly all by de- 
 claring, that the duty imposed on them surpasses their strength ; and 
 in conclusion they dismiss the assembly with the words ' now go 
 back to your homes, after you have bewailed the dead according to 
 custom.' 
 
 "We must not pass over the composition, which was required for 
 these works of art. A deep and earnest feeling of sorrow was to be 
 expressed in a funeral oration. It was not by novelty of thought or 
 by the application of rhetorical art that the minds of the hearers 
 were to be worked on ; but rather by a smooth and poetically beau- 
 tifxil language. They required of the orator what more properly 
 belongs to the poet, and it is indeed surprising, that the Athenians 
 did not on such occasions rather employ the genius of their finest 
 poets, than the talents of their favourite orators, who in undertaking 
 such a task found themselves involved in insuperable difficulties, 
 and were unable to exhibit a work of art corresponding to their 
 renown. 
 
 " ' It is only allowed ' says Schlegel ' to the fine arts, to express on 
 festive occasions the feelings of holiday people ; it is not the province 
 of eloquence. For sport must always be free, and not restricted by 
 any serious object ; otherwise it is not sport. Now the essential dif- 
 ference between the rhetorical and the poetical art is, that serious 
 business is the main object of the former, beauty only its secondary 
 object. Eloquence should only adorn the serious. If it invades the 
 domain of poetry, and makes beauty its principal object, then inevi- 
 
278 THE ORATIONS OF DEMOSTHENES. 
 
 tably happens what never ought to happen : oratory will sport witL. 
 truth and j ustice ; and what is more, it will err without reward, and 
 sport without taste ; for what is not fitting cannot be beautiful.' 
 " Nothing could be less agreeable to our serious orator, than to sport 
 in this epideictic address with a people, whom at all other times he 
 had raised to his own level by the force of truth. His hearers could 
 only be satisfied by that form of speech which had been sanctioned 
 (as it were) by ancient usage. We are disposed to exact more from 
 guch a speech, and to expect more from Demosthenes ; and therefore 
 perhaps so many persons have entertained doubts as to the genuine- 
 ness of this work." 
 
 SINCE the state determined to give a public burial to the 
 men who lie in this sepulchre, who have demeaned them- 
 selves bravely in the war, and I was appointed to deliver the 
 customary oration over them, I began at once to consider 
 how they might obtain a becoming panegyric; and the result 
 of my consideration and inquiry was, that to make a speech 
 worthy of the departed would be a matter of impossibility. 
 For since they disregarded that desire of life which is im- 
 planted in all men, and chose rather to die with honour than 
 to live to see Greece in misfortune, is it not certain that they 
 have left behind them a renown beyond the power of speech 
 to celebrate 1 ? It may however be possible for me to dis- 
 course in a manner similar to those who have preceded me in 
 the same task. That the state takes a serious interest in her 
 sons who fall in battle, may be seen from many circum- 
 stances, but especially from this law, according to which she 
 chooses a person to speak at the public funerals ; for, know- 
 ing that with virtuous men the possession of money and the 
 enjoyment of worldly pleasure is despised, and that all their 
 ambition is for praise and renown, the state considered that 
 they ought to be honoured with such speeches as might best 
 accomplish for them the object of their desires, so that the 
 glory which they won in their lifetime might be awarded 
 to them after their death. If I observed that courage was 
 the only quality of virtue which belonged to them, I should 
 have praised this and passed over everything else. But since 
 it has been their fortune to have had an honourable birth, 
 and to have been trained up to wisdom, and to have striven 
 in their lives for none but laudable objects, all which naturally 
 led to their being virtuous men, I should be ashamed if I 
 
THE FUNERAL ORATION. 279 
 
 omitted any of these grounds of praise. I will begin with 
 the origin of their race. 
 
 The noble parentage of these men has been universally 
 acknowledged from the most distant period. For every one 
 of them is able to refer his origin not only to a father and 
 more remote ancestors, naming them man by man, but gene- 
 rally to the whole of his country, of which it is acknowledged 
 they are indigenous sons. For they alone of mankind have 
 inhabited the land of which they were born, and have 
 bequeathed it to their descendants ; so that it may justly be 
 assumed, that, while those who have migrated to foreign 
 countries and been called citizens of them, are like adopted 
 children, these (the Athenians) are the legitimate-born citizens 
 of their country. And, as it seems to me, the circumstance 
 that the fruits of the earth by which men live appeared first 
 among us, Besides having been the greatest benefaction to 
 mankind, proves beyond dispute, that the land is the Mother 
 of our ancestor. For all things which bring forth, at the 
 same time prodice nourishment for their offspring by the 
 law of nature, an so this land hath done. 
 
 With respect to Mrth, then, such are the traditions of these 
 men's ancestors, hailed down from time immemorial. With 
 respect to courage &ad other virtuous qualities, I am afraid 
 to say all that I coula for fear that my speech should reach 
 to an unseasonable length ; but I will endeavour to present 
 a short summary of those points, which you that know them 
 already may be advantagously reminded of, you that are 
 unacquainted with them wtl do well to hear, and which, 
 while they are glorious topic to enlarge upon, will not give 
 annoyance by their length. l or the ancestors of the present 
 generation, fathers and those oimore remote degree, bearing 
 the ancestral titles by which t\e members of their family 
 distinguish them, have never injured any mortal, either 
 Greek or barbarian. It was tht r fortune (among other 
 things) to be good men and true, anc,p er f e ct lovers of justice; 
 and in defending themselves agai^t their enemies they 
 achieved many gallant exploits. Thy vanquished the in- 
 vading army of Amazons, and drove t^ m back even beyond 
 the Phasis : they expelled the army of ^ umo ]p us an d ma ny 
 other foes not only from their own coun Vj but from that of 
 the other Greeks : ar-mies which those Before us dwelling 
 
280 THE OEATIONS OF DEMOSTHENES. 
 
 westward could none of them either check or withstand. And 
 of the children of Hercules, who himself delivered other men, 
 our ancestors were called the deliverers, when they came 
 as suppliants to this land, flying from the persecution of 
 Eurystheus. 
 
 In addition to all these and many other glorious actions, 
 they would not permit an insult to be offered to the dead, 
 when Creon forbade the burial of the seven chiefs who attacked 
 Thebes. I have passed over most of the deeds waich are 
 reckoned as mythical, and mentioned these, eveiy one of 
 which contains such abundant materials of panegyric, that 
 verse-writers and lyrical poets and numerous writers of 
 history have made the deeds of such men the arguments of 
 their literary compositions. I shall proceed now io speak of 
 those actions, which in point of merit are not inferior to any, 
 but, because they are nearer to our own time, hjzve not yet 
 assumed a mythical character, nor been ranked in the class 
 of heroical achievements. Our ancestors, without any aid, 
 twice defeated by sea and land an invading force from the 
 whole of Asia, and, exposing themselves to )he brunt of the 
 peril, wrought the deliverance of all the/ Greeks. Others 
 have already celebrated what I am about/ to speak of ; yet 
 those men ought not now to be deprived'of well-earned and 
 glorious praises. For they may justly Je deemed superior to 
 the soldiers of the Trojan war, inasmy<& as the latter, being 
 the flower of Hellenic warriors, wer/ten years besieging a 
 single city of Asia, and took it e/en then with difficulty, 
 whereas those Athenians not only defended themselves against 
 an invading army gathered froir the whole continent, which 
 had reduced all other countries? to subjection, but took ven- 
 geance for the wrongs which /they had inflicted on others. 
 Further, to prevent selfish encroachments among the Greeks 
 themselves, they have encountered every danger which has 
 arisen, and attached then?4elves invariably to the side of 
 justice, until the progres? of time has brought us to the 
 present age of the world./ 
 
 Let no one imagine, that I have briefly enumerated these 
 actions because I was at a loss what to say upon each of 
 them. Had I been of all mankind the most barren of inven- 
 tion, the virtue of those men itself furnishes so many obvious 
 subjects of encomium, that it is an easy thing to go through 
 
THE FUNERAL ORATION. 281 
 
 them. But I prefer to mention their noble birth and the 
 most important deeds of our ancestors, and then as quickly 
 as possible to connect the subject with the acts of these men, 
 that, as they were linked together by the natural tie of rela- 
 tionship, so I may unite their praises, considering that it will 
 be pleasing even to them, and indeed most pleasing to both, 
 if they share in each other's virtue not only by nature but by 
 praise. 
 
 I must however interrupt the thread of my discourse, and, 
 before I explain the performances of these men, invite the 
 goodwill of those who are no relations, yet have attended at 
 the burial. Had I been appointed to solemnize this funeral 
 by any expensive outlay, by the display of a chariot-race or a 
 gymnastic contest, the more zealous I had been, and the 
 more unsparing of cost in preparing the exhibition, the better 
 I should have been thought to have performed my duty. 
 But having been chosen to make a speech in praise of these 
 men, I fear, unless I win the sympathy of my hearers, my 
 zeal may cause me to do the reverse of what I ought. For 
 riches, swiftness, strength, and the like, have intrinsic advan- 
 tages for their possessors, and achieve success by means of 
 the parties themselves, whether other people like it or not : 
 but persuasion requires the goodwill of the hearers ; aided by 
 that, with but a moderate share of eloquence, it brings fame 
 and wins favour ; without such aid, however wonderful the 
 power of the orator, it only disgusts the hearers. 
 
 Many as are the topics of panegyric which the deeds of 
 these men suggest, when I am entering upon them, I know 
 not which to begin with ; they all crowd upon me at the 
 same moment, and render the choice exceedingly difficult. 
 However, I will try to observe the same order in my speech, 
 which occurred in the history of their lives. They from the 
 beginning were distinguished in all branches of education, 
 practising what was suitable to every period of age, and 
 pleasing all whom they were bound to please, their parents, 
 their relations, their friends. Therefore the memory of their 
 friends and relations tracing now (as it were) their footsteps 
 every hour turns to them regretfully, finding numerous re- 
 miniscences of their excellence. When they arrived at man's 
 estate, they made their characters known not only to their 
 fellow-citizens, but to all the world. For of all virtue the 
 
282 THE ORATIONS OF DEMOSTHENES. 
 
 beginning is understanding, and the end is courage ; by the 
 one we learn our duty, by the other we maintain it ; a in both 
 of which qualities these men were eminently distinguished. 
 For if there was growing up a common danger to all the 
 Greeks, these men first foresaw it, and frequently exhorted 
 all to take measures for safety ; which is a proof of sound 
 wisdom. The ignorance of the Greeks being mingled with 
 cowardice, when it was possible to prevent and avert the mis- 
 chief, partly did not foresee it, partly pretended not to : how- 
 ever, when they did hearken to counsel and were willing to do 
 what was right, our countrymen did not bear malice, but 
 putting themselves at their head, and giving all they had 
 with alacrity, their bodies, their property, and their allies, 
 marched to the decisive contest and spared not even their 
 lives. It is a matter of necessity that, when a battle takes 
 place, one side must be vanquished and the other be victo- 
 rious. Yet I would not hesitate to say that, in my opinion, 
 those on either side who fall in their ranks share not in the 
 defeat, but are both equally conquerors. For among the 
 living victory is adjudged to be theirs on whom the deity 
 bestows it ; but every man who remains at his post has done 
 all that he was bound to do to secure the result. If he 
 undergoes his destiny as every mortal must, he has suffered a 
 casualty of fortune, but his soul has not been overcome by 
 the adversary. 
 
 I consider that the enemy's not having invaded our terri- 
 tory has been owing not merely to their own neglect, but to 
 the valour of these men ; for those who joined battle on that 
 occasion, having man for man had experience of their valour, 
 were reluctant to try the chance of a second battle with their 
 kinsmen, thinking that they should meet adversaries of 
 the same mettle, and it might not be easy to get the same 
 good fortune. Nothing more strongly proves the truth of 
 what I say than the circumstances of the late peace : for it is 
 impossible to suggest any more true or honourable ground 
 for making peace than this, that the leader of the enemy, 
 admiring the valour of the fallen, rather chose to become the 
 friend of their kindred than to risk his all by renewing the 
 contest. I believe, if the soldiers who took the field were 
 asked, whether they attributed their success to their own 
 1 Cicero pro Sexto " Hoc sentire prudentiae est, facere fortitudiuis." 
 
THE FUNEEAL ORATION. 283 
 
 valour, or to an unexpected and overwhelming good fortune 
 joined to the skill and boldness of their general, there is not 
 a man so shameless or audacious, as to claim the merit of the 
 achievement. Where a ruling divinity has ordered the 
 result according to his pleasure, all other parties, being but 
 men, must of necessity be absolved from the charge of 
 cowardice ; and where the commander of the enemy has been 
 more than a match for those opposed to him, the result is 
 not chargeable to the masses either on one side or the other. 
 If there were any mortal who could justly be blamed for the 
 issue of this battle, it would be the Theban commanders, and 
 not our troops or theirs, on whom the blame should be 
 cast : for they, having received an army invincible in spirit, 
 reckless in courage, and ambitious of glory, made no use of 
 these advantages. And upon other points there may be a 
 difference of opinion ; but this is equally apparent to all man- 
 kind, that the maintenance of Panhellenic liberty depended 
 on the lives of these men ; so that, when destiny had carried 
 them off, there was no one left to resist the aggressors. I 
 trust my words may give no offence ; but it seems to me that 
 the virtue of these men may be truly said to have been the 
 life of Greece ; for no sooner was the breath out of their 
 bodies, than the glory of Greece had departed. And the 
 following may be thought an extravagant assertion, yet I 
 must give utterance to it. As, if light were removed from 
 the world, nothing would be left to human life but misery 
 and discomfort, so by the death of these men all the previous 
 renown of the Greeks is sunk in darkness and disgrace. 1 
 
 Many are the causes which naturally made them what they 
 were ; but the worth of their character is mainly attributable 
 to the constitution of their country. For oligarchies create 
 feelings of terror in the citizens, but do not inspire a feeling 
 of shame; and therefore, when the struggle of war com- 
 mences, every one strives to save himself as well as he can, 
 knowing that, if he can conciliate those in power either by 
 gifts or by means of any other friendly relation, whatever 
 baseness he be guilty of, very little infamy will attach to him. 
 Democracies, besides much else that is equitable and good, 
 
 1 Compare Cicero in Laelio " Solem e mundo tollere videntur, qui 
 amicitiaru e vita tollunt, qu& nihil a Diis iinmortalibus melius habemus, 
 nihil jucundius." 
 
284 THE ORATIONS OF DEMOSTHENES. 
 
 and that a sensible man should hold fast to, possess this 
 peculiarity, that liberty of speech, which is dependent upon 
 truth, cannot be deterred from declaring the truth. For 
 neither is it possible for those who have committed any dis- 
 graceful action to shut the mouths of all, 1 nor is the person 
 who proclaims their reproach the only one who gives them 
 pain ; for those who would not themselves pronounce any 
 censure are glad to hear it when another man speaks out. 
 For fear of this, and for shame of the reproach that would 
 follow a different course, they all, as you might expect, brave 
 the peril of encountering the enemy, and prefer an honour- 
 able death to a life of infamy. 
 
 I have mentioned the common motives which made all 
 these men willing to die with honour their birth, their 
 education, their habitual practice of virtue, the fundamental 
 principles of the government under which they lived. I will 
 proceed to mention those incitements to valour which are 
 peculiar to their respective tribes. All those of the Erech- 
 theian tribe knew that their hero Erechtheus, in order to 
 save his country, sacrificed his own daughters, whom they 
 call Hyacinthides, and gave them up to death before his 
 eyes. They thought therefore it would be shameful, when 
 one of immortal parentage had done all that lay in his 
 power to deliver his country, that they themselves should 
 set more value on their mortal bodies than upon eternal re- 
 nown. Those of the ^Egeian tribe were not ignorant that 
 Theseus, the son of ^Egeus, first established constitutional 
 equality in Athens ; and therefore they deemed it shameful 
 to be untrue to his principles, and chose rather to die than 
 suffer them to be overthrown in the face of all the Greeks 
 and meanly save their lives. The Pandionian tribesmen had 
 received the tradition of Procne and Philomela, the daugh- 
 ters of Pandion, how they punished Tereus for the outrage 
 which he had committed upon them. They therefore thought 
 that life would be intolerable to them, if, being the kinsmen 
 of those heroines, they did not show a spirit like them, to 
 resent the insults which they saw offered to Greece. The 
 Leontidee had heard a legend of the daughters of Leon, how 
 they gave themselves to their fellow-citizens as a sacrifice for 
 the country, and when those women had such a manly spirit, 
 i Pabst, " beschwichtigen." Reiske, " satisfacere." 
 
THE FUNERAL OEATION. 285 
 
 they held it would not be lawful for themselves to display 
 less of manhood than they did. The Acamantidse remem- 
 bered the verses in which Homer declares that Acamas sailed 
 for Troy on account of his mother JEthra. He thus encoun- 
 tered every danger in order to preserve his mother : how then 
 could they shrink from encountering every danger in order 
 to preserve the whole body of their parents left at home ? 
 It did not escape the (Eneidse, that Semele was the daughter 
 of Cadmus, and she had a son, whom it is not befitting to 
 name upon these obsequies, and he was the father of (Eneus, 
 who was the hero-founder of their tribe. As the danger 
 before them was common to both states, they considered that 
 for the welfare of both they ought to struggle to the last. 
 The Cecropidse knew that their own founder was represented 
 to have been partly a dragon and partly a man in no other 
 sense than this, that in understanding he was like a man, in 
 strength like a dragon ; so they held, that it became them to 
 act in accordance with that legend. The Hippothoontidse 
 bore in mind the marriage of Alope, from which Hippothoon 
 was sprung, and knew him to be their founder : about which 
 I forbear to mention the true particulars, choosing to observe 
 propriety on this occasion. They thought they should be 
 seen to act worthily of such ancestors. It did not escape the 
 ^Eantidse, that Ajax, when the prize of valour was denied 
 him, considered his life insupportable. Therefore, when the 
 deity gave victory to another, they thought it was time for 
 them to die in their country's defence, so as to escape degra- 
 dation. The Antiochidse did not forget that Antiochus was 
 the son of Hercules ; and therefore they deemed it their duty 
 either to live worthily of their antecedents, or to seek a 
 glorious death. 
 
 The relations of these men who survive are objects of com- 
 passion, for having suffered such a loss, and having been 
 severed from their constant society and affection. The con- 
 dition of their country also is forlorn, pitiable, and lament- 
 able. They themselves, if we take a just estimate, are happy : 
 for, in the first place, they have exchanged a brief period of 
 life for a long eternity of glory \ their children will be brought 
 up with honour by the state, and their parents will be main- 
 tained in their old age and be regarded with reverence, and 
 their renown will be a consolation to the mourners : and in 
 
286 THE ORATIONS OP DEMOSTHENES. 
 
 the next place, their bodies will be free from disease, their 
 souls exempt from those troubles which attend the living in 
 times of misfortune, and their last obsequies are now paid to 
 them with all due honour and solemnity. How can we fail 
 to regard them as happy, to whom their whole country gives 
 a public burial, who alone receive the general praise, who are 
 regretted not only by their kindred and fellow-citizens, but 
 by all people bearing the name of Greeks, and whose loss 
 afflicts the greatest part of the habitable world? Well might 
 we say that they sit by the side of the nether gods, holding 
 the same place with the virtuous of a former age in the 
 islands of the blest. Even of those ancients no eye-witness 
 has ever brought such intelligence ; but we who live in earth 
 have deemed certain men worthy of earthly honours, and then 
 we divined according to our opinion that they obtain similar 
 honours in the lower world. It is difficult perhaps to alleviate 
 present misfortune by words; yet we should endeavour to 
 turn the mind to sources of consolation ; for it is right that 
 men of such characters as yourselves, and whose ancestors 
 were of equal repute, should be seen to bear calamities with 
 greater fortitude than others, and to be the same in every 
 kind of fortune. Such conduct will be most dutiful and re- 
 spectful to the dead, and at the same time reflect the greatest 
 honour upon the survivors and the whole commonwealth. It 
 is a grievous thing for a father and a mother to be bereaved 
 of their children, and to have lost the dearest supporters of 
 their age ; but it is a splendid thing to see them rewarded 
 with eternal honours and with a public memorial of their 
 virtue, and deemed worthy of sacrifices and perpetual game?. 
 It is an afflicting thing for children to be left fatherless 
 orphans ; but it is a glorious thing to be the inheritors of a 
 father's renown ; and, while the affliction we shall find at- 
 tributable to the deity, to whom all mortals must bow. in 
 submission, the honour and the glory are due to their resolu- 
 tion, who chose bravely to die. 
 
 With respect to myself let me say my object has been 
 not to speak many words, but to speak the truth. You, my 
 friends, finish your lamentations, perform the legal and 
 customary rites, and then go to your homes. 
 
THE EBOTIO ORATION. 
 
 THE EROTIC ORATION. 
 
 OB, 
 
 THE PANEGYRIC UPON EPICRATES. 
 
 THE AEGUMENT. 
 
 THE subject as well as the style of this oration renders it improbable 
 that Demosthenes was the author, and all critics concur in thinking 
 it spurious. It bears the stamp of a rhetorical exercise or lecture. 
 A teacher addresses his pupil, an imaginary youth, to whom he pro- 
 fesses an attachment; pronounces a panegyric upon his personal 
 beauty and accomplishments, exhorts him to attend to the due 
 exercise both of his body and his mind, and to improve himself and 
 exalt his character by the study of philosophy and the practice of 
 virtue. Pabst, in his introductory preface, observes " Der Aufsatz 
 ist also insofern interessant, als er der verrufenen Mannerliebe der 
 Griechen eine giinstige Seite abzugewinnen sucht." 
 
 COME then, as you are willing to hear my address, I will read 
 and deliver it to you. In the first place, you ought to 
 understand its object. The composer of the address intends 
 to praise Epicrates, whom of all the honourable youths in 
 the city he considered to be the most pleasing, and to surpass 
 his contemporaries more in understanding than in beauty. 
 Seeing, (to speak briefly,) that most erotic compositions bring 
 disgrace rather than honour to those who are the subjects of 
 them, he has taken precautions to avoid this mischief, and 
 has written that which he is really convinced of in his mind, 
 that a true lover will neither do nor desire anything that is 
 base. What you will find the most erotic part of my lecture 
 relates to this matter, the rest of it is devoted either to 
 praising the youth, or to counselling him upon his education 
 and choice of life. All this is written in the way in which 
 you would put it down in a note-book. For orations intended 
 only for oral delivery ought to be written in a simple style, 
 like what you would say on the spur of the moment ; but 
 those which are designed for a permanence should be com- 
 
288 THE ORATIONS OF DEMOSTHENES. 
 
 posed with the utmost care and according to rules of art. It 
 is proper that the former should be convincing, the latter 
 epideictic. However, that I may not say anything foreign to 
 the purpose, or myself declare my opinion upon this subject, 
 give me your attention, and you shall now hear the lecture 
 itself; for Epicrates, whom I desired to have for my hearer, 
 is himself at hand. 
 
 Seeing that some of those who are beloved and endowed 
 with beauty do not make a proper use of either of these 
 advantages, but, while they pride themselves on their comeli- 
 ness of person, are averse to all intercourse with their lovers, 
 and are so far from judging of what is best, that, on account 
 of those who spoil the thing, they repulse even those who 
 would associate with them modestly and decorously, I con- 
 sidered that such persons not only act contrary to their own 
 interests, but lead others also into bad habits, and that right- 
 minded people ought not to imitate their despair ; for they 
 should bear in mind this especially, that, as things are neither 
 honourable nor disgraceful absolutely, but vary for the most 
 part according to the conduct of the parties concerned, it is 
 unreasonable to form one judgment of both without regard 
 to circumstances ; and further, that it is most absurd to 
 admire those who have the most and the staunchest friends, 
 and yet to discountenance lovers, a class whose peculiar cha- 
 racteristic it is to attach themselves not to all but only to 
 the beautiful and the modest. Besides, though perhaps it is 
 not unreasonable, that such should be the feeling of those 
 who have never yet seen an intimacy of this kind turn out 
 well, or who are convinced of their own weakness and know 
 that they could not innocently admit such familiar intercourse ; 
 those whose disposition resembles yours, who are not wholly 
 ignorant how many important ends have been accomplished 
 without dishonour by means of love, and who have lived all 
 their lives with the strictest prudence, cannot with reason 
 even suspect that they would do anything disgraceful. There- 
 fore have I been the more encouraged to write this lecture, 
 in the hope to attain two most glorious objects. For, if I de- 
 scribe the good qualities belonging to you, I hope at the same 
 time to show that you are worthy of admiration, and that 
 I am a person of discernment in loving one like you, Again, 
 if I tender you advice of the most pressing importance, I 
 
THE EROTIC ORATION. 289 
 
 consider that I shall give you a proof of my goodwill, and 
 find a means of support for our mutual friendship. 
 
 I am not blind to the fact, that it is difficult to describe 
 your nature and character in the way that they deserve, and 
 that it is still more hazardous to give advice when the 
 adviser renders himself responsible to the party advised. 
 But I consider that those who justly obtain praises ought 
 to outdo the eloquence of their panegyrists by the surpass- 
 ing might of truth ; and I flatter myself that I shall not 
 fail in my counsel, feeling sure that, while the best counsels 
 in the world will be thrown away upon foolish people who 
 are wholly corrupted by intemperance, those who lead a pure 
 and blameless life will give effect to any advice that has a 
 moderate share of wisdom. With such expectations I enter 
 upon my address ; and I think all will agree with me, that it 
 especially becomes youths of this age to maintain beauty in 
 their persons, wisdom in their souls, manliness in both of 
 these, and graciousness in their speech. With these quali- 
 ties, which are the gift of nature, you have been so bountifully 
 supplied, that you continue to be an object of wonder and 
 admiration ; the other qualities which I have mentioned you 
 have by your diligence improved to such a degree, that no 
 person of intelligence can find fault with you. But what 
 ought he to be, who is worthy of the highest encomium? 
 Ought he not to be cherished by the gods, and admired by 
 men partly for his own sake, partly on account of his fortune ? 
 On the whole perhaps it will be better to postpone for a 
 while the general discussion of your virtues ; whatever I have 
 to say in praise of your various qualities, I will endeavour to 
 set forth with truth. 
 
 I will begin with praising that which is first remarked in 
 you by all beholders your beauty ; and in particular, your 
 complexion that by which the limbs and the whole body are 
 illustrated. I can find no suitable image to compare this to, 
 and I can only ask those who read my oration to look at you 
 with attention, that they may excuse me for not discovering 
 any similitude. For to what mortal thing can one compare 
 that, which creates an immortal longing in the beholders, the 
 sight of which never satiates, which when out of sight dwells 
 in the memory, which to a human form gives a divine dig- 
 nity, blooming in external hue, and free from all suspicion of 
 
 VOL. v. u 
 
290 THE ORATIONS OF DEMOSTHENES. 
 
 disguise 1 And in your form one cannot find those blemishes 
 which in many others who possess beauty are discernible. 
 For either by neglect they disfigure all the comeliness of their 
 person, or by some accident they mar its natural advantages. 
 No such fault can be found with yours. For, whoever was 
 the god who provided for your beauty, he was so careful to 
 avoid every such defect, that he gave you a number of ad- 
 mirable qualities without anything to object to. And, 
 whereas of all objects the face is the most striking, and in 
 this the eyes, herein did the deity still more remarkably dis- 
 play his kindness to you. He has not only given you eyes 
 adapted for all the common purposes of vision, but, while the 
 virtue of some people is not made known even by their deeds, 
 he manifested the most beautiful traits of your character by 
 the evidence of your eyes, causing you to appear gentle and 
 kind to those who behold you, noble and dignified to your 
 associates, courageous and prudent to all : which must espe- 
 cially excite our wonder. For while other people are consi- 
 dered pusillanimous in their gentleness, arrogant in their 
 dignity, and are thought to be over-bold on account of their 
 courage, and simple on account of their moderation, fortune 
 finding in you all these repugnancies has assimilated and 
 harmonised them together, 1 as if she were fulfilling a vow, or 
 meant to exhibit a pattern for the rest of mankind, and not 
 to create a mortal being in the usual way. 
 
 If it were possible adequately to describe your beauty in 
 words, or if this were the only one of your qualities worthy 
 of praise, I should have thought that not a single feature of 
 your beauty ought to be omitted in my panegyric : bat, as it 
 is, I fear my hearers would lose their relish for the rest, if I 
 were too tedious upon this subject. For how can one find 
 words to represent your features, which even works of art by 
 
 1 Hinc sunt ilia Ciceronis in Partitionibus de cavendis iis vitiis quae 
 virtutem videntur imitari : " Nam et prudentiam (inquit) malitia, et 
 temperantiam immanitas in voluptatibus aspernandis et magnitudinem 
 animi superbia in animis extollendis et despicientia in contemnendis 
 honoribus, et liberalitatem effusio, et fortitudinem audacia imitatur, et 
 patientiam duritia immanis, et justitiam acerbitas, et religionem super- 
 stitio, et lenitatem mollitia animi, et verecundiam timiditas, et illam 
 disputandi prudentiam concertatio captatioque verboruui, et hanc ora- 
 tpriam vim inanis qusedam profluentia loquendi : studiis autem bonis 
 similia videntur ea, quae sunt in eodem genere nimia." Wolf. 
 
THE EROTIC ORATION. 291 
 
 the cleverest sculptors and painters could not excel 1 And 
 no wonder : for such works are seen without motion, so that 
 it is uncertain how they would look if soul were imparted to 
 them ; whereas in you the character of the mind, in every- 
 thing that you do, gives additional charm to the person. 
 So much for the praise of your beauty, upon which I could 
 enlarge, but forbear to do so. 1 
 
 1 Much of this high-flown panegyric reminds one of the sonnets of 
 Shakspeare : 
 
 83 
 
 I never saw that you did painting need, 
 And therefore to your fair no painting set ; 
 I found, or thought I found, you did exceed 
 The barren tender of a poet's debt : 
 And therefore have I slept in your report, 
 That you yourself, being extant, well might shew 
 How far a modern quill doth come too short, 
 Speaking of worth, what worth in you doth grow. 
 This silence for my sin you did impute, 
 Which shall be most my glory, being dumb ; 
 For I impair not beauty, being mute, 
 When others would give life and bring a tomb. 
 There lives more life in one of your fair eyes, 
 Than both your poets can in praise devise. 
 
 84 
 
 Who is it that says most ? which can say more, 
 Than this rich praise, that you alone are you ? 
 In whose confine immured is the store 
 Which should example where your equal grew. 
 Lean penury within that pen doth dwell, 
 That to his subject lends not some small glory; 
 But he that writes of you, if he can tell 
 That you are you, so dignifies his story, 
 Let him but copy what in you is writ, 
 Not making worse what nature made so clear, 
 And such a counter-part shall fame his wit, 
 Making his style admired everywhere. 
 
 You to your beauteous blessings add a curse, 
 
 Being fond on praise which makes your praises worse. 
 
 103. 
 
 Alack ! what poverty my muse brings forth, 
 That having such a scope to show her pride, 
 The argument, all bare, is of more worth 
 Than when it hath my added praise beside. 
 0, blame me not, if I no more can write ! 
 Look in your glass and there appears a face 
 
 TJ 2 
 
292 THE OBATIONS OP DEMOSTHENES. 
 
 Concerning your good behaviour this high panegyric 
 occurs to me, that, although the age of youth is much ex- 
 posed to calumny, your lot has been to be praised only. For 
 you have not merely determined to avoid error, but to exer- 
 cise a prudence above your years. And the greatest proof of 
 this is your way of intercourse with people : for, although 
 many have fallen in with you, with all possible kinds of 
 character, and all of them have sought to allure you to their 
 own circles, you have managed these matters so well, that 
 all have been delighted to gain your friendship. Which is a 
 sure sign of persons living an honourable and benevolent life. 
 And yet many have got repute ere now, who have advised 
 that one should not admit the society of casual acquaintance, 
 and many who have followed such advice. They allege that 
 you must either by associating with bad people incur the 
 blame of the world, or by avoiding such censure give offence 
 to your associates. I think that you deserve all the more 
 praise on this account, that, while others regard it as a matter 
 of impossibility to make themselves agreeable to their neigh- 
 bours, you so far differ from them, as to have overcome every 
 difficulty and impediment, and, without giving the least sus- 
 picion to others that you have had an immoral attachment, 
 you have by your obliging disposition kept clear of offending 
 your companions. With your lovers, if I am permitted to 
 speak of them, you seem to me to converse so wisely and dis- 
 creetly, that, while most youths cannot bear with moderation 
 even those whom they prefer, you are fortunate enough to 
 please all beyond measure ; which is the plainest proof of 
 your virtue. For not one of your lovers fails to obtain from 
 you what is just and honourable; and none even hopes to 
 get what would lead to disgrace : such is the liberty which 
 your prudence secures to those who desire the noblest privi- 
 leges, and such the discouragement which it gives to those 
 who are inclined to licentiousness. Again, while most young 
 
 That overgoes my blunt invention quite, 
 
 Dulling my lines and doing me disgrace. 
 
 Were it not sinful, then, striving to mend, 
 
 To mar the subject that before was well? 
 
 For to no other pass my verses tend, 
 
 Than of your graces and your gifts to tell ; 
 
 And more, much more, than in my verse can sit, 
 Your own glass shows you when you look in it. 
 
THE EROTIC ORATION. 293 
 
 men seek by taciturnity to get a reputation for prudence, you 
 so far surpass them in natural talents, that you have acquired 
 no less glory by your speeches and conversation with your 
 friends than by all the rest of your conduct. Such persua- 
 sive power, such winning grace do you display, both in jest 
 and in earnest. For you are simple without being faulty, 
 and clever without malice, and kind without compromise of 
 dignity ; in a word, your nature is such, as if you were a 
 child of Love by Virtue. 
 
 With respect to courage for this quality must not be 
 passed over not that your character does not admit yet of 
 great improvement, or that the future will not afford still 
 further materials for those who desire to praise you, but 
 because praises are most honourable in connexion with this 
 youthful age, in which others may be content to escape 
 error in you, among many proofs which you have given of 
 courage, one may instance your exercise on the racecourse, of 
 which there have been innumerable witnesses. Perhaps I 
 ought first to mention, how wisely you chose this department 
 of the games. For, that a young man should rightly deter- 
 mine his course of action, is a sure sign both of a virtuous 
 mind and a good understanding ; and on both of these ac- 
 counts the praise of your choice ought not to be passed over. 
 As you knew that both slaves and aliens took part in the 
 other contests, and that citizens alone had the privilege of 
 leaping from the chariot, 1 and only the best of them ventured 
 to undertake it, therefore you applied yourself to this sort of 
 contest. You judged also, that those who exercised them- 
 selves in footraces got no improvement in courage or spirit, 
 and those who trained for boxing and the like were cor- 
 rupted both in body and mind ; and therefore you selected 
 that species of contest which was the most honourable and 
 noble, and the best adapted to your own natural taste one 
 which, in the use of armour and laborious exertion of run- 
 ning, bears a likeness to what happens in war, while in the 
 magnificence and splendour of its display it resembles the 
 power of the gods and which further affords a most delight- 
 ful spectacle, and possesses every kind of variety, and is 
 
 1 See the Archaeological Dictionary, title Desultor, Harpocration, a. v. 
 diro/3an)s, who says that games of this sort were practised only in 
 Attica and Bceotia. Compare Eustathius, ad II. III. 265, VIII. 492. 
 
294 TIIE ORATIONS OF DEMOSTHENES. 
 
 rewarded with, the highest prizes; for, besides those which 
 are proposed, the very practice and training for such a con- 
 test will appear no trivial prize to those who have the least 
 love for virtue. One cannot adduce a stronger proof than 
 the poetry of Homer, who has represented both the Greeks 
 and the barbarians fighting with chariots ; and even at this 
 day the like practice is adopted, not by the humblest, but by 
 the greatest of Greek states. So honourable is the exercise 
 which you have chosen, so esteemed among all mankind. 
 
 Considering again, that it was of no use to have noble 
 aspirations or a body naturally formed for excellence, unless 
 the mind were duly prepared for ambitious efforts, you first 
 displayed your zeal in gymnastic exercises, and afterwards in 
 action you did not belie it ; you exhibited in actual contest 
 not only all your other natural powers, but most especially 
 the courage of your soul. Upon this subject I am almost 
 afraid to enter, lest my language shall fall short of the reality ; 
 however I will not pass it by ; for it would be disgraceful to 
 shrink from relating what gives such delight to behold. 
 Were I to describe all the contests, my lecture would perhaps 
 run out to an intolerable length ; I will mention one only, in 
 which you eminently distinguished yourself; this will illus- 
 trate all the others, and it will tax less the patience of my 
 hearers. When the teams had started in the course, and some 
 of them had got the start of you, others were pressing after, 
 you overcame both those before and those behind, in the way 
 that in each case was proper, and got the victory, winning a 
 crown, of which, glorious as was the conquest, the more 
 glorious and surprising part was your own safety. For, 
 when the chariot of your opponents was rushing right oppo- 
 site you, and all the spectators thought that the might of the 
 horses was irresistible, though you saw that some of them 
 were terrified at a mere shadow of danger, l so far from being 
 dismayed or playing the coward, you by your courage over- 
 came the impetus of the team, and, by your swiftness over- 
 took the more fortunate of your opponents. And so far did 
 you change the opinions of men, that while many maintained, 
 and with a show of truth, that the finest sight in a chariot 
 race is a break-down, in your case the opposite feeling pre- 
 
 1 Pabst " Wiewohl Du safest, dass Einige der Anwesenden schon, 
 als noch keine Gefahr vorhanden war, sick heftig angstigten." 
 
THE EROTIC ORATION. 295 
 
 vailed, and all the spectators were frightened at the thought 
 of an accident happening to you : such earnest wishes for 
 your success did your character excite. 
 
 And there is nothing strange in this. It is an honour to 
 be distinguished in any one thing ; but it is a far greater 
 honour to unite in yourself all the distinctions of which any 
 sensible man would be proud. I will make it clearer. We 
 shall find that ^Eacus and Rhadamanthus on account of their 
 wisdom, Hercules and Castor and Pollux for their courage, 
 Ganymede and Adonis and others like them for their beauty, 
 were beloved by the gods. I wonder not therefore at those 
 who desire your friendship ; I wonder at those who feel 
 differently : for, when persons endowed with any one of the 
 aforesaid qualities were deemed worthy to associate with the 
 gods, surely a human being might well pray to be the friend 
 of him who possessed all these qualities. Your father and 
 mother and your other relatives may justly be envied, when 
 you so greatly surpass your contemporaries in virtue ; but 
 much more enviable are they, whom you, a youth so highly 
 accomplished, have selected in preference to all others as 
 worthy to be your friends. The former have been connected 
 with you by fortune, the latter have been recommended to 
 you by their own merits; and I scarcely know whether I 
 should call them lovers or only persons of sound judgment : 
 for it seems to me that fortune, despising the base, and 
 wishing to stimulate the minds of the good, originally gave 
 you your beauty of person, not that you might be seduced to 
 pleasure, but that it might serve to procure you virtue and 
 happiness. 
 
 Though I have much more to say in your praise, I thirk 
 it better to stop here, for fear it might be thought that n>y 
 panegyric went beyond the limits of human nature. For the 
 power of speech, as it seems, is so greatly inferior to that of 
 sight, that, while people never think of disbelieving what 
 they see, they regard the praise thereof as untrue even when 
 it falls short of the reality. I will therefore drop this part of 
 the subject, and proceed now to offer you such counsel, as 
 may enable you to exalt yourself still higher in public esti- 
 mation. I trust you will give attention to what I am about 
 to say, and not treat it as a matter of indifference, or suppose 
 that I address these words to you for mere show and not for 
 
296 THE ORATIONS OF DEMOSTHENES. 
 
 your advantage. I am anxious about this, in order that you 
 may not err from the truth, and, instead of choosing the best 
 course, choose that which first presents itself and so mar your 
 own prospects. Persons of low and mean natures we rebuke 
 not, even when they act dishonourably, but persons who are 
 distinguished like yourself incur reproach, if they neglect to 
 do that which is most honourable. Again; those who go 
 wrong in other cases commit an error of judgment in one 
 point only ; but those who, when they receive practical 
 advice as to their conduct, neglect or despise it, have cause 
 to remember their folly for the whole of their lives. 
 
 Nothing of this sort must happen to you. You should 
 consider what in human affairs exercises the greatest in- 
 fluence ; what, if it succeeds, will procure the most beneficial 
 results, and, if it fails, will cause the most serious evil in life : 
 it is obvious that we should attend most carefully to that 
 which is calculated to have a preponderating effect one way 
 or the other. We shall find that the human mind governs 
 all things in the world, and philosophy alone is able to give 
 it proper instruction and training. Philosophy therefore you 
 ought to acquire, and not to dread or to shrink from the 
 labour which attends upon it, remembering that by sloth and 
 idleness even the most superficial things are difficult to be 
 mastered, while by resolution and perseverance no advantage 
 in the world is unattainable ; and nothing can be so un- 
 reasonable, as to be ambitious and exert oneself strenuously 
 to obtain riches and bodily strength and other things of that 
 kind, which are all perishable and subservient in general to 
 the mind, and yet to make no provision for the improvement 
 of the mind itself, which rules everything else, which abides 
 permanently with its possessors, and directs the whole course 
 of life. It is an honour to be admired for the most estimable 
 things by the favour of fortune ; but it is a much greater honour 
 to arrive at every possible distinction through your own dili- 
 gence. Fortune's favour is sometimes enjoyed by the unworthy; 
 diligence belongs to none but those who excel in virtue. 
 
 For a discussion of the whole subject of philosophy we 
 shall find fitter opportunities hereafter ; but there is nothing 
 to prevent my briefly touching upon it now. This one thing 
 you ought first to be clearly informed of, that every kind of 
 instruction depends upon certain knowledge and exercise, and 
 
THE EROTIC ORATION. 297 
 
 especially philosophy; for, the more industrious are those who 
 apply themselves to it, the more complete does it become. 
 Now, since the business of the mind is to employ itself in 
 speeches and deliberations, and since philosophy imparts skill 
 in each of these faculties, why should we hesitate a moment 
 to pursue a study, whereby we may make ourselves masters 
 of both ? For then is it likely that our life will arrive at the 
 highest degree of perfection, when, aiming at the most im- 
 portant objects, we are able to acquire what is teachable by 
 art, and everything else by a certain exercise and practice. 
 Surely it cannot be said, that it is not by knowledge that 
 one man excels another in wisdom ; for, generally speaking, 
 every nature improves by receiving proper training, and most 
 especially those natures which are originally endowed with 
 greater talents than others. Those not so well endowed may 
 become improved in relation to themselves ; l the well endowed 
 arrive at excellence over all. 
 
 Be assured that an ability derived entirely from practice 2 
 is insecure, and not of much advantage for the rest of life, 
 whereas the instruction which is got by philosophy is well 
 adapted for everything. Some persons ere now, who have 
 been tried in action, have been admired for the good fortune 
 which has attended them. You should not look up to such 
 persons as these, but attend to your own improvement ; for 
 you ought on important occasions, not to act on the spur of 
 the moment, but to understand your duty; not to meditate 
 when the occasion arises for action, but to know how to 
 acquit yourself well in the struggle. 3 Remember that all 
 philosophy confers signal benefits upon those who apply 
 themselves to it, and most especially that science which 
 relates to practical and political questions. .Geometry 
 and things of that sort it is disgraceful to be ignorant 
 of, though it is beneath your dignity to be a thorough 
 
 j8e\Tto<rt yiyvecrdat. Literally, " become better than them- 
 selves," i.e. "obtain some positive improvement." Pabst "Den Einen 
 namlich gelingt es, sich. nur uber sich selbst zu erheben." 
 
 2 Pabst" Die durch einzelne Falle nnd Handlungen erworbene 
 Fertigkeit." 
 
 3 Pabst " Denn nicht unvorbereitet, sondern wissenschaftlich, sollst 
 Du die wichtigsten Dinge behandeln, noch Dich bei der Ueberlegung 
 durch. die Eingebungen des Augenblicks leiten lassen, sondern nach 
 zuverlassigem and tuchtigem Wise en tin gen." 
 
298 THE ORATIONS OP DEMOSTHENES. 
 
 proficient in such knowledge : but in the science before 
 mentioned it is an admirable thing to excel, and to be 
 wholly uninstructed would be ridiculous. You may see the 
 truth of this in many ways, and particularly by looking at 
 the distinguished men of former times. First take the 
 example of Pericles, who was thought far to surpass all his 
 contemporaries in wisdom : history will tell you, that he 
 acquired that power by having associated with Anaxagoras 
 of Clazomense, and having been his disciple. Next take 
 that of Alcibiades. He, you will find, had far less natural 
 propensity to virtue ; he sometimes behaved with arrogance, 
 sometimes with meanness, and sometimes gave himself up to 
 vicious excesses ; yet, in consequence of his intercourse with 
 Socrates, he corrected many of his errors, and threw his faults 
 into the shade by the greatness of his exploits. It is wasting 
 time perhaps to talk of old matters, when I have more 
 modern examples at hand. You will find that Timotheus 
 achieved the greatest glory and the highest honours, not by 
 the practices of his younger days, but the deeds which lie 
 performed after his intimacy with Isocrates. Archytas again, 
 after he had been placed at the head of affairs in Tarentum, 
 governed that state with such humanity and wisdom, that his 
 renown has reached to all parts of the world. He originally 
 was held in very low estimation, but gained his distinction 
 by having associated with Plato. These results are none of 
 them extraordinary : it would have been far more strange, 
 if, when learning and study were necessary for the achieve- 
 ment of small things, we could accomplish the greatest with- 
 out any such trouble. 
 
 I see no reason to enlarge any further on this topic. I did 
 not enter upon it originally under the idea that you were a 
 total stranger to it, but under the belief that exhortations of 
 this kind, while they admonish the ignorant, stimulate the 
 zeal of the instructed. Do not suppose that in saying all this 
 I am offering myself to be your teacher : that would be pre- 
 sumptuous ; I am not ashamed to confess that I yet need to 
 learn a great deal myself; I am but one of the multitude, 
 a competitor in the field of learning, rather than one fit to be 
 a teacher of others. Yet I offer this explanation, 1 not as 
 
 1 Pabst, reading ^topOovfji.&t, "Ich Diess zur Berichtigung der Mei- 
 nungen anfiilire." 
 
THE EROTIC ORATION. 299 
 
 undervaluing the glory of those who profess to be teachers of 
 wisdom, but because this is the real truth ; for certain I am, 
 that many from obscure and humble people have become 
 illustrious by means of this discipline, and, in particular, that 
 Solon both in his lifetime and after his death acquired the 
 highest renown : nor was he excluded from other honours ; 
 for he left the trophy of his victory over the Megarians as a 
 monument of his valour, and his recovery of Salamis as a 
 monument of his good policy, and his laws as a monument of 
 his general wisdom, laws which even at this day continue to be 
 in force among most of the Greeks ; yet, with all these titles 
 to glory, there was nothing about which he was so anxious as 
 to be reckoned one of the seven wise men, considering that 
 philosophy brought not disgrace but honour to her votaries, 
 and exercising in this very matter as sound a judgment as in 
 the other things wherein he obtained distinction. 
 
 Such is my own decided opinion, and therefore I advise you 
 to pursue the study of philosophy, bearing in mind the natural 
 talents which you possess. It was for this reason that I en- 
 larged upon them at the outset of my speech, not because I 
 expected to win your favour by praising your good qualities, 
 but that I might urge you the more to the study of philo- 
 sophy, hoping that you would not be indifferent to it, and 
 that you would not neglect future advantages through an 
 overweening pride in those which you possess already. Do 
 not, because you are superior to your ordinary companions, 
 renounce all endeavour to outshine others, but hold that the 
 highest object of ambition is to be pre-eminent among all, 
 and that it is better to be seen aiming at this than excelling 
 among ordinary people. Do not dishonour your character ; 
 do not disappoint the hopes of those who take a pride in you, 
 but endeavour by exerting yourself to the utmost to surpass 
 the wishes of your warmest friends. And consider that 
 other speeches, when they are well composed, clothe with 
 renown those who speak them, but that counsel confers 
 honour and advantage upon those who follow it, and that 
 judgment in other matters displays the taste and feeling 
 which we possess, but the choice of our pursuits is a test of 
 our whole character. Now that you are forming a judgment 
 upon this matter, expect that you yourself will be judged by 
 all, and that I who have thus zealously pronounced your 
 
300 TEE ORATIONS OP DEMOSTHENES. 
 
 panegyric shall jointly with yourself be undergoing probation. 1 
 It is meet therefore that no blame should attach either to 
 you for the praises which you shall appear to deserve, or to 
 me for the friendship which I bear you. I should not so 
 strongly have exhorted you to apply yourself to philosophy, 
 had I not thought that this was the best practical proof 
 I could offer you of my good wishes, and had I not observed 
 how often the state, for lack of good men and true, took ordi- 
 nary men into her service, and through their errors fell 
 into the greatest misfortunes. In order that the state may 
 get the benefit of your virtue, and that you may enjoy her 
 public honours, I have addressed to you my warm exhorta- 
 tion. I do not think indeed that you will be at liberty to 
 live a life of chance, but that the state will call upon you to 
 administer her affairs, and, the more illustrious your character 
 is, the higher duties she will deem you worthy to fulfil, and 
 the sooner she will desire to make trial of your powers. It 
 is right therefore that your intellect should be duly culti- 
 vated, that you may make no mistake when called upon to 
 use it. 
 
 It was my business to state what I conceive ought to be 
 done by you : it is yours to take what I have said into con- 
 sideration. In like manner it becomes all who seek to be 
 intimate with you not to be content with superficial pleasures 
 and trivial employments, or to encourage your attention to 
 them, but to exert themselves with zeal and industry to 
 make your life as glorious as possible ; thus will they earn 
 the noblest praise for themselves, and confer the greatest 
 benefit upon you. I find no fault, as it is, with any of your 
 associates ; indeed I regard it as an ingredient in your good 
 fortune, that you have found no unworthy lovers, but only 
 such as one would willingly select from all one's companions 
 to be intimate friends. I recommend you however, while 
 you cherish their friendship, and make yourself agreeable to 
 them all, to follow the counsels of those who possess the 
 most understanding, that you may be held in yet higher 
 esteem both by those men themselves, and by the rest of 
 your fellow-citizens. Farewell. 
 
 1 Pabst "Sollst Du denken, dass ich selbst, der ich Dich mit so 
 bereitwilligen Eifer gelobt habe, mit betheiligt seyn werde beim 
 Kampf Deiner Bewahrung." 
 
EXORDIA. 301 
 
 K X R D I A. 
 
 PEEFACE. 
 
 THE collection of exordia which have come down to us under the name 
 of Demosthenes is not without interest for the modern reader, 
 whether we suppose them to be entirely genuine or not. They have 
 been acknowledged as such by ancient critics ever since the time of 
 Callimaehus, who made the collection for the Alexandrine library ; 
 and they are found in all the manuscripts of the works of Demos- 
 thenes. Among others who recognise them as genuine are Pollux, 
 Harpocration, and Stobseus. The greater number of modern critics 
 have subscribed to this opinion, though some, as Bockh, Dindorf, 
 and Kieasling, have expressed doubts upon the subject. Schafer has 
 doubts about exordia 54 and 55 ; of the rest, after citing the opinion 
 of Fabriciue, that they were " a Demosthene per otium elaborate, 
 quibus in tempore uteretur," he says "neque absurda videatur 
 opinio suspicamtis, hanc syllogen (a Technico, opinor, contextam) 
 non sola progymnasmata, sed etiam deperditorum exordia orationum 
 complecti. Sed rem utcunque disceptaveris, mihi quidem haec 
 procemia lectu dignissima videntur : tantutn enim abest ut redoleant 
 umbram rhetoris obscuri, ut pleraque os referant summi oratoris." 
 Pabst thinks they could hardly have come down to us in the present 
 form from the pen of Demosthenes, because in some instances, where 
 they appear to have been taken from orations actually spoken, they 
 vary considerably from our existing copies of these orations. It is 
 very possible however that the orator may have prepared an opening 
 in one form and varied it in the delivery ; for few men speak the 
 exact words which they have prepared beforehand; nor can we 
 assume that every oration was published in the words in which it 
 was delivered ; indeed it is almost impossible that this should be so, 
 for the ancients did not have the assistance of shorthand writers, as 
 we have now. The opening of a speech is by no means the least im- 
 portant part of it, and often not the least difficult part. Sometimes 
 it is in the choice of the topic, and sometimes in the form of the 
 language, that this importance and difficulty consist. In the former 
 case the speaker, having chosen his course of argument, though he 
 has clothed this in words in his chamber, will often, when he 
 comes to speak, not hesitate to vary the words, while he adheres to 
 the sense. In the latter case his object rather is to please the ears 
 of his audience by launching gracefully into his subject, and for this 
 purpose the choice of words and phrases, the composition, in short, 
 is the thing to be attended to. Many of the following exordia are 
 
302 THE ORATIONS OP DEMOSTHENES. 
 
 capable of being applied or adapted to any occasion upon which the 
 orator's power might be called forth. We may easily conceive that 
 Demosthenes may have composed them either as a useful exercise in 
 the art of speaking, or to be used pro re natd ; for we know that he 
 did not like to mount the platform, either at the bar or in the assem- 
 bly, without due preparation, and the Athenian ear, accustomed to 
 the finest kind of eloquence, had become extremely fastidious and 
 exigeant. It has been observed on the other hand, that compositions, 
 which have nothing in their subject or their circumstances to fix the 
 authorship, may easily have been fabricated by some grammarian 
 and palmed off upon our author. Kiessling conjectures that these 
 exordia are taken from the speeches of various Attic orators, and 
 were collected by some rhetorician for scholastic purposes. But, if this 
 were so, we should probably have found among them some of those 
 written by the predecessors and contemporaries of Demosthenes, 
 which have been handed down to us. 
 
 I. 
 
 HAD the question for debate been anything new, men of 
 Athens, I should have waited until most of the accustomed 
 speakers had delivered their opinions ; and, if any of their 
 counsels had been to my liking, I should have remained silent, 
 if otherwise, I should have proceeded to impart my own. As 
 the subject of discussion however is one upon which these 
 men have often spoken before, I conceive that, even though 
 I rise the first, I may fairly be considered to speak after 
 them. Now then to the point. If our affairs had been 
 prosperous, there would have been no need of counsel ; but 
 since, as you all see, they are in a wretched state, I will en- 
 deavour to advise you accordingly, and state what I consider 
 to be your wisest course. In the first place, you ought to be 
 convinced, that what you have been doing during the war 
 you must do no longer, but exactly the reverse. For, if 
 your former measures have damaged your affairs, measures 
 of an opposite kind may very likely retrieve them. In the 
 next place, you must not consider that person to be your 
 best counsellor, who makes little or no demand upon your 
 exertions (for you see that such advice and such hopes have 
 brought our state to the extremity of distress;) but he is the 
 best counsellor, who, caring not to please the ear, advises 
 such measures as will rescue us from dishonour and calamity. 
 If indeed what one passes over in speech, to avoid giving 
 you pain, could be passed over in reality, your orators should 
 strive only to make themselves agreeable : but if what is 
 
EXORDIA. 303 
 
 pleasing in speech, when it is not meet for the occasion, be- 
 comes injurious in point of fact, it is disgraceful to cheat 
 ourselves, and to do under the pressure of extreme necessity 
 what we ought to have done voluntarily long before. 
 
 II. 
 
 Not the same thoughts present themselves to my mind, 
 Athenians, when I hear the name which you give to your 
 constitution, and when I see the manner in which some .of 
 you treat those who speak in its defence. You call your con- 
 stitution a democracy, as you are all aware ; and yet I see 
 many among you preferring to hear those who speak in op- 
 position to it. And I wonder what can possibly be the 
 reason. Do you think they speak thus without being paid 
 for it ? I should imagine, the leaders of the oligarchies, on 
 whose behalf they speak, would rather give them more to be 
 silent. Or do you regard what they say as better than what 
 is said by others 1 If so, you must deem oligarchy better 
 than democracy. Or do you esteem the men themselves 
 more highly? How can it be right for you to hold any 
 orator in esteem, who assails the established constitution? 
 Nothing then remains, but that you are in error when you 
 take such a view. Beware, Athenians, of falling into such 
 error; lest you should give a handle to those who are plotting 
 against you, and only find out your mistake when it will be 
 no manner of use to you. That everything should not be 
 exactly as we could wish, either with ourselves or our allies, 
 is perhaps not very surprising, men of Athens : for many 
 events are determined by the chance of fortune, and there 
 are many reasons why things do not turn out as men ex- 
 pect. But that the people should get no share of anything 
 whatever, and that their adversaries should always prevail 
 against them, is in my judgment, men of Athens, a thing 
 both to surprise and alarm those who reason rightly. This 
 is the commencement of my address. 
 
 III. 
 
 I believe, men of Athens, you would give a great deal to 
 discover what is the true policy to be adopted in the present 
 matter of discussion. This being the case, you ought will- 
 ingly and cheerfully to hear those who offer you their counsel. 
 
304 THE ORATIOXS OF DEMOSTHENES. 
 
 You will then not only have the benefit of those counsels 
 which have been well considered beforehand, but I reckon it 
 part of your good fortune, that many useful suggestions will 
 occur to some of us at the moment, so that from them all 
 you may easily select what is most expedient. 
 
 IV. 
 
 It is right, men of Athens, as it is in your own power to 
 adopt what counsel you please, that you should hear all that 
 is offered. For it often happens, that the same man says 
 one thing amiss, and another not so : by clamouring him 
 down in an ill humour you may perhaps lose many important 
 suggestions, whereas by listening decorously and in silence 
 you will at the same time do everything that is proper, and 
 disregard what in your judgment is worthless. I myself am 
 never wont to be tedious, and, even were that my ordinary 
 practice, I should have avoided it on the present occasion. 
 I shall proceed to explain in the fewest possible words what 
 I believe to be your wisest course. 
 
 V. 
 
 I see, men of Athens, it is perfectly clear, what speeches 
 you hear with pleasure, and what are not agreeable to you. 
 However, I consider that to speak only for your gratification 
 is the part of persons seeking to impose upon you, and I hold 
 it to be the duty of a well-disposed and honest citizen, advo- 
 cating measures which he is persuaded will benefit the state, 
 to endure even your clamorous opposition or any other dis- 
 pleasure which you like to show. I should wish you on this 
 account, if on no other, to hear patiently the speeches of 
 both sides, in order that, if you think any one has advised a 
 better course than that which you are bent upon, you may 
 adopt his advice ; on the other hand, if he fails and is not 
 able to convince you, this may appear to have happened by 
 his own fault, and not through your unwillingness to hear 
 him. Besides, no such unpleasant consequence will follow 
 from hearing a man talk nonsense, as from stopping the 
 mouth of a man who has something good to say. The 
 foundation of all correct judgment is to believe that you 
 understand nothing before you have learned it; which is the 
 more necessary when you reflect how often people have 
 
EXORDIA. 305 
 
 changed their opinions. If you now are persuaded of the 
 truth of this principle, I think that even I myself may in a 
 few words say something to deserve your attention, and that 
 you will think I offer you the best counsel. 
 
 VI. 
 
 Although many speeches, men of Athens, have been spoken 
 by your advisers, I do not see that you are any nearer the 
 discovery of what ought to be done, than you were before you 
 came up to the assembly. This, I take it, is owing to the 
 same cause as the general miscarriage of your affairs. Your 
 orators, instead of~%dvising what is for the best, accuse and 
 revile one another, with the object, as it seems to me, of 
 accustoming you to hear extra-judicially all the mischief that 
 they do, so that, if ever they should happen to be brought to 
 trial, you, considering the charges against them to be nothing 
 new, but only what has often excited your wrath before, may 
 pass a more lenient judgment upon their deeds. It would 
 perhaps be foolish on the present occasion to institute a 
 minute inquiry into the motives of their actions : I pass my 
 censure upon them for this reason only, because such conduct 
 is detrimental to your interests. I will neither accuse any 
 man to-day, nor will I promise anything which I do not 
 mean immediately to perform, nor in short will I imitate in 
 any way these men whom I oppose ; but I will state in the 
 shortest possible compass what I consider to be your best 
 and most prudent policy under existing circumstances, and 
 having stated this, I will descend from the platform. 
 
 VII. 
 
 It appears to me, Athenians, that the men who praise 
 your ancestors adopt a nattering language, not a course bene- 
 ficial to the people whom they eulogise. For, attempting to 
 speak on subjects which no man can fully reach by words, 
 they carry away the reputation of clever speakers themselves, 
 but cause the glory of those ancients to fall below its estima- 
 tion in the minds of the hearers. For my part, I consider 
 the highest praise of our ancestors to be the length of time 
 which has elapsed, during which no other men have been able 
 to excel the pattern of their deeds. I will myself endeavour 
 to show, in what way according to my judgment your pre- 
 
 VOL. v. x 
 
306 THE ORATIONS OF DEMOSTHENES. 
 
 parations may most conveniently be made. For thus it is. 
 Though all of us who intend to speak should prove ourselves 
 capital orators, your affairs I am certain would prosper none 
 the more : but if any person whomsoever came forward, and 
 could show and convince you what kind and what amount 
 of force will be serviceable to the state, and from what re- 
 sources it should be provided, all our present apprehensions 
 would be removed. This will I endeavour to do, as far as I 
 am able, first briefly informing you, what my opinion is con- 
 cerning our relations with the king. 
 
 VIII. 
 
 It appears to me, Athenians, that both are at fault, they 
 who have spoken for the Arcadians, and they who have 
 spoken for the Lacedaemonians. For, as if they were deputies 
 from either people, and not citizens of Athens, to which both 
 direct their embassies, they accuse and attack one another. 
 This might be the duty of the envoys ; but to speak inde- 
 pendently on the question and consider your interests dis- 
 passionately, was the part of men who presume to offer 
 counsel here. I really think, setting aside the knowledge of 
 their persons, and their Attic tongue many would take 
 them for either Arcadians or Laconians. 
 
 I see how vexatious a thing it is to advise for the best. 
 For, when you are carried away by delusion, some taking one 
 view and some another, if any man attempts to advise a 
 middle course, and you are too impatient to listen, he will 
 please neither party, and fall into disgrace with both. How- 
 ever, if this be my case, I will rather myself be thought 
 a babbler than leave you to be misled by certain people con- 
 trary to my notion of Athenian interests. On other points I 
 will speak with your permission afterwards ; but will begin 
 with principles admitted by all, and explain what I consider 
 to be your wisest policy. 
 
 IX. 
 
 I have risen, men of Athens, because I do not concur in 
 opinion with some of those who have addressed you. I shall 
 not accuse them however of having given unwise counsel 
 from bad motives : my idea rather is, that many persons, 
 neglecting to form a judgment of things, are accustomed to 
 
EXORDIA. 307 
 
 consider only what words they shall speak, and if they can 
 but find plenty of those, they are ready to harangue the 
 assembly. There they are in error, and do not reflect, that 
 many acts are performed by all people in a long space of 
 time, and some of them of a contrary character, owing to the 
 variety of the occasions ; therefore, if you pass over the earlier 
 ones and refer to the later only, nothing in the world is 
 easier than to deceive yourself. It seems then to me, that 
 counsellors who advise you on such principles have no other 
 ambition than to be thought clever speakers : but in my 
 judgment, when a man undertakes to advise the state on 
 public measures, his end and aim should be, that her resolu- 
 tions may be crowned with success, not that his own extem- 
 pore language may please the ear. Men who get renown 
 for their speeches should have the accomplishment of some 
 useful work to boast of, that their words may sound well not 
 for the moment only, but for ever. 
 
 X. 
 
 If you have already determined, men of Athens, what is 
 the best course to be adopted on the present occasion, it is an 
 error to propose a question for consultation : for why should 
 you be troubled with an idle discussion on measures, which 
 you have yourselves decided to be advantageous without 
 hearing discussion ? If however you are considering and de- 
 liberating, with a view to form your judgment after hearing 
 what is to be said, it is not right to stop the mouths of those 
 who are willing to offer you counsel. For, by so doing, you 
 wholly lose from some men what they have devised for your 
 advantage ; and you cause others to suppress their real 
 opinions, and to advise only what they think you desire. If 
 you wish to be in error, you will compel the speaker who 
 addresses you to say what you desire ; if you are really de- 
 liberating, you will take into consideration what he con- 
 scientiously advises ; and act upon it if it is expedient. I say 
 this, not because I am about to offer advice contrary to that 
 which is agreeable to you, but because I am sure that, if you 
 don't choose to hear my opponents, they will say that you 
 have been deceived ; but, if you hear and reject their advice, 
 it will be plain that they were proved at the time to have 
 advised you ill. 
 
 x2 
 
308 THE ORATIONS OF DEMOSTHENES. 
 
 XT. 
 
 I presume you all know, men of Athens, that you are come 
 here to-day not to sit in judgment upon offenders, but to 
 deliberate upon the question before you. It becomes you 
 therefore to throw aside all accusations : it will be time for 
 any man to denounce his adversary before you, when we 
 bring him to trial ; now it is his business to offer that advice, 
 which is likely to serve or benefit the commonwealth. Accu- 
 sation is for those who find fault with the past ; counsel is 
 asked for the present and the future. It seems to me, the 
 present is not the occasion for censure or abuse, but for 
 counsel. I shall endeavour therefore to avoid myself that 
 which I condemn in others, and I shall offer such advice as 
 I deem the best under existing circumstances. 
 
 XII. 
 
 I conceive, men of Athens, you will none of you dispute, 
 that it is the part of an ill-disposed man and a bad citizen, to 
 cherish such a liking or such a hatred to any of our politi- 
 cians, as to disregard the interests of the state, and speak in 
 the assembly from motives either of spite or rivalry : which 
 is done by some of those who mount the platform. To them I 
 will only say this much : it appears to me, that, whatever they 
 have done in this way, their fault consists less in what they 
 have done, than in the resolution which they manifest never 
 to amend. To you my advice is, that you do not abandon 
 yourselves to these persons and imagine- it will be sufficient to 
 punish them when you like, but that you check their mal- 
 practices as far as you possibly can, and at the same time, as 
 becomes men consulting for the commonwealth, that you dis- 
 card your own private jealousies and look only to the public 
 interests, remembering that no man, not indeed the whole 
 community of statesmen, would be competent to make 
 amends, if the laws which are entrusted to your care were 
 destroyed. 
 
 XIII. 
 
 It may be displeasing to some people, Athenians, that a 
 private person and one of the many, like yourselves, should 
 come forward after these other statesmen, who by their long 
 political experience and high repute hold the foremost rank 
 
EXORDIA. 309 
 
 among you, and should venture to declare, that they appear 
 to him not only to offer you wrong advice, but to be very far 
 from understanding your true interests. However, I am so 
 strongly convinced of the superiority of my counsel to theirs, 
 that I shall not hesitate to express my opinion that all which 
 they have said is utterly valueless. And I think that your 
 right course will be, to regard not the speaker but the 
 policy which he recommends. Your favour, men of Athens, 
 should not attach itself like an heirloom to particular per- 
 sons, but should be given to your wisest counsellors for the 
 time being. 
 
 XIY. 
 
 I shall be glad, men of Athens, if you listen with atten- 
 tion to what I am about to say ; for it is a matter of no 
 slight importance. I wonder how it happens, that, before 
 you have gone up to the assembly, any one of you that one 
 meets is ready at once to declare by what means our affairs 
 may be retrieved ; and again, as soon as you have left the 
 assembly, every one in like manner will give his opinion 
 what ought to be done ; yet, when you are debating on the 
 question and collected together, you hear people saying any- 
 thing rather than that. Is it, men of Athens, that each of. 
 you can understand what is for the best, and knows how to 
 point out the duties of others, but will not gratify you by 
 performing his own ? And while each in his individual capa- 
 city censures others, to make a show of zeal on his own part, 
 does he in his civic capacity abstain from voting measures, 
 which would compel you all to take your share of doing 
 public service 1 If you think the time will never arrive, to 
 expose this dissimulation, it would be well to continue in 
 such a course. But if you see that this crisis is fast ap- 
 proaching, you must take care that you have not to struggle 
 close at hand with perils, which you may take precautions 
 against from a distance, and do not find those who are now 
 disregarded rejoicing hereafter at your misfortunes. 
 
 XV. 
 
 In regard to the present affairs of the commonwealth, men 
 of Athens, though they are not in the most prosperous con- 
 dition, it does not seem to me very difficult to discover the 
 
310 THE ORATIONS OF DE1IOSTHENES. 
 
 best means of improving them and yet, to choose the fittest 
 method of discussing the question in your assembly, is a 
 thing exceedingly perplexing, as it seems to me not that 
 you will fail to comprehend what any one says but you 
 have been so accustomed to hear a variety of false statements, 
 and (in short) anything rather than what is for your advan- 
 tage, that I fear, whoever now advises you for the best, will 
 incur that displeasure which ought to fall upon those who 
 have deceived you. For I find that you are generally angry 
 not with the authors of any mishap, but with those who are 
 the last speakers on the subject. However, notwithstanding 
 that I have thus carefully weighed these things in my mind, 
 I deem it right to cast aside all other considerations, and give 
 you the best advice that I can upon the question before you. 
 
 XVI. 
 
 I should be glad, men of Athens, to see you treat your- 
 selves with the same kindness which you are accustomed to 
 show to all other people : but at present you are more skilful 
 in repairing the disasters of others than in attending to what 
 concerns yourselves. It may be said perhaps that this very 
 thing reflects the greatest glory upon the state, that she has 
 chosen to encounter a multitude of perils for the sake of 
 justice only, without regard to her own private advantage. 
 While I acknowledge the truth of this, and accept it as being 
 most creditable to our commonwealth, I hold it at the same 
 time to be the duty of prudent men, to make no less careful 
 provision for their own interests than for those of strangers, 
 that they may show themselves to possess wisdom as well as 
 humanity. 
 
 XVII. 
 
 Perhaps, men of Athens, it becomes those who aspire to be 
 your counsellors, to frame their speeches in such manner as 
 will be acceptable to you ; or, if not this, to discard every 
 other topic, and confining themselves to the simple subject of 
 debate, to address you in the fewest possible words. For it 
 seems to me, that it is not for lack of words that your affairs 
 have all gone to wreck, but because some of your public men, 
 both in their speeches and their politics, study only their 
 own selfish advantage, while others, who have not yet given 
 
EXORDIA. 311 
 
 proof of this, strive rather to get the reputation of clever 
 speakers, than to effect any useful result by their eloquence. 
 That I may not myself do the reverse of what I declare to 
 be right, and say more upon irrelevant topics than upon 
 those which I have risen to discuss, I will dismiss further 
 preface, and proceed at once to tell you what I mean to 
 advise. 
 
 XVIII. 
 
 It appears to me, men of Athens, that you ought to give 
 your attention, if any one undertakes to show you that the 
 measures upon which we are deliberating are at the same 
 time just and expedient. I think I shall be able to do this 
 without difficulty, if you will but listen to me with the least 
 degree of favour. You must none of you be positive that 
 the opinion which you happen to have formed upon the 
 present question is the right one, but, if any contrary opinion 
 is given in the course of debate, you must hear it patiently 
 to the end, consider it well, and then, if it meets with your 
 approval, adopt it. For if any measure be attended with 
 success, the merit of it will quite as much belong to you who 
 adopt, as to him who advised it. The beginning of prudent 
 deliberation is, not to have made up your minds before you 
 hear the data upon which you have to form your judgment. 
 For the confirmation of your resolve and the consideration 
 of your policy differ both as to the time and the method of 
 proceeding. 
 
 XIX. 
 
 I have come forward, men of Athens, to consult with you 
 whether I ought to make a speech or not. Why I am un- 
 able to decide this myself, I will tell you. It seems to me, 
 that one who is not seeking the gratification either of himself 
 or others, but only to speak on your behalf what he is per- 
 suaded will be for your advantage, is under the necessity as 
 well of supporting what both sides counsel wisely, as of op- 
 posing what both urge unjustly. If you will submit to hear 
 both these lines of argument, which I shall address to you in 
 a short compass, your consultations for the future will be 
 attended with much better results. But if you shut your ears 
 against me, before you have heard what I have to say, it will 
 be my fate to offend both sides, without giving cause of offence 
 
312 THE ORATIONS OP DEMOSTHENES. 
 
 to either. This will be very hard upon me. Therefore, if 
 you desire it, I am ready to speak ; if not, it is better to be 
 silent. 
 
 XX. 
 
 I consider that it is both right and expedient for you, men 
 of Athens, when you have to consult on state affairs, to 
 forbear attacking and accusing each other, and confine your- 
 selves to the expression of your several opinions upon the 
 matter before you. That it is owing to certain persons that 
 our affairs are in a bad condition, we all know; but the 
 business of a counsellor is, to show by what means they can 
 be retrieved. Besides, it appears to me, that the sharpest 
 accusers of the guilty parties are, not those who inquire into 
 their conduct upon occasions when they cannot be brought 
 to justice, but those who are able to give counsel by which 
 the present state of things may be amended : for through 
 them you may be enabled in a time of tranquillity to punish 
 the offenders. I look upon everything else as superfluous, 
 and will address to you only such arguments as bear usefully 
 on the present question, making first one single request. If 
 I should happen to mention anything which has been done, 
 don't suppose that I allude to it by way of censure, but that 
 my object is, to point out the errors which you then com- 
 mitted, and so to prevent your falling into them again. 
 
 XXL 
 
 If in bygone time, Athenians, we had not attached our- 
 selves to any political party, and had kept as quiet as we are 
 keeping at present, I believe that what has now taken place 
 would never have occurred, and I think that in many other 
 respects you would have been much better off. Now, through 
 the reckless misconduct of some of your statesmen, it is not 
 possible either to come forward or to speak, or even to get a 
 hearing ; and this, I take it, gives rise to many not very 
 pleasant consequences. If then we are obliged to hear tidings 
 of these things, and then to consider what is to be done, and 
 to suffer what you are now willing to suffer, you will vote, as 
 you have been accustomed in past times, to launch triremes, 
 to embark, to pay a property tax, to do all this immediately ; 
 and in four or five days, if there is no news of the enemy and 
 
EXORDIA. 313 
 
 they remain quiet, you will change your minds and think the 
 opportunity for doing all this has passed away. So it hap- 
 pened, when we heard that Philip was in the Hellespont, and 
 again when the privateering ships touched at Marathon. 
 For it is your practice, men of Athens, to employ delibera- 
 tion, as people ought to employ a military force with 
 speed. But you ought to do the reverse deliberate quietly, 
 and execute your resolutions promptly ; and you should con- 
 sider also, that, unless you furnish sufficient provisions for 
 your troops, and appoint an able general to conduct the war, 
 and are determined to carry out the measures on which you 
 have resolved, your decrees will survive, and the outlay which 
 you have incurred will all be thrown away, but your affairs 
 will be none the better, though you may bring whom you please 
 to trial in your anger. For my part, I would rather you 
 should be seen resisting your enemies than trying your 
 countrymen ; we should wage war with the former, and not 
 with the latter. However, that I may not content myself 
 with doing the easiest thing in the world finding fault I 
 will explain to you how I think you may accomplish this 
 desired object. But first let me entreat you not to make a 
 clamour, and not to imagine that I am seeking to waste time 
 or interpose delay. It is not those who cry " to-day ! " " im- 
 mediately ! " who speak most to the purpose : for what has 
 already happened we shall not be able to prevent by our 
 present armament : no ; the most serviceable speaker is he, 
 who can show what force provided now will be capable of 
 holding out, till we have either overcome our enemies or 
 advisedly terminated the war. So shall we escape from 
 annoyance in future. 
 
 XXII. 
 
 I take it, you will all agree, men of Athens, that, when our 
 state is deliberating about any of her private affairs, she 
 ought to take as much care of her own interests as of justice; 
 but when she deliberates about the affairs of her allies or the 
 whole Greek community, as she is now doing, she should 
 have a most especial regard to justice. In the former case 
 our own advantage is the single point in question, in the 
 latter case honour enters into it as well as advantage. For, 
 though actions are under the control of those to whom they 
 
314 THE OBATIONS OF DEMOSTHENES. 
 
 appertain, the opinion formed of them is beyond the control 
 of any man, be he as powerful as he may : but, whatever 
 character the acts themselves bear, the same will be attached 
 to the actors by the general voice of mankind. Therefore 
 you must use care and diligence, that all your measures may 
 appear to be just. Your feelings concerning the injured 
 parties should be such, as you would desire those of other 
 people to be towards yourselves, in case anything should 
 happen which I pray to heaven never may. Since however 
 there are some persons here who oppose them contrary to 
 their own real sentiments, I will address a few words to 
 them, and then proceed to advise those measures which I 
 think best for the commonwealth. 
 
 XXIII. 
 
 I suppose, men of Athens, you would regard it as no slight 
 disadvantage, if an opinion unfavourable and discreditable to 
 our commonwealth were to get abroad among the Greeks. 
 There is no doubt what your feelings are upon this point, 
 and yet your conduct is not consistent with them ; for you 
 are led on from time to time to do certain things, which you 
 will yourselves acknowledge not to be honourable. I know 
 well enough that all men are more pleased to hear those who 
 praise than those who censure them ; and yet I do not think 
 it right to court this kind of favour by advising you contrary 
 to your interest. If you did but determine rightly in the 
 beginning, there would be no need to adopt public measures 
 which you condemn in private, to prevent the occurrence of 
 what now takes place. Every man cries out how disgrace- 
 ful, how shocking these things are ! how long will things go 
 on so ? and at the same time every one, when he takes his 
 place in the assembly, sides with those who do these things 
 which he condemns. Sure I am, Athenians, it is for your 
 advantage to listen to an honest counsellor ; I wish I were 
 equally certain what will benefit the honest counsellor him- 
 self; for then he would address you with more pleasure. 
 Now I have misgivings ; however I will not shrink from de- 
 claring what I believe to be good advice, whether you follow 
 it or not. 
 
EXORDIA. 315 
 
 XXIV. 
 
 Though one had never spoken a word before in your 
 assembly, men of Athens, one might well be pardoned, I 
 think, for rising now to answer the unjust complaints which 
 the ambassadors have made against the commonwealth. 
 
 To be worsted in other things by your adversaries may be 
 thought more a misfortune than a disgrace ; for it depends 
 on fortune and commanders and many other causes, whether 
 you succeed or not : but, when people are unable to justify 
 themselves in a manner worthy of their own dignity, the 
 disgrace, we shall find, belongs to the very nature and spirit 
 of those who are so circumstanced. Had it been any other 
 assembly before which such things had been said of you, 
 neither would these men, I guess, have been so ready to 
 utter falsehoods, nor would the hearers have tolerated many 
 of their assertions. But, as all men abuse your good nature 
 in some way or other, so have these men, as it appears, taken 
 advantage of it on the present occasion : for they have got 
 you to listen to them against yourselves in a way that no 
 other people would have done, I am quite certain. But it 
 seems to me, Athenians, that you ought on this account to 
 be thankful to the gods, and to regard these men with abhor- 
 rence. That they should see the Rhodian people, who once 
 addressed more insolent language to you than these men 
 themselves, now suppliants for your protection, I consider to 
 be a fortunate thing for our commonwealth : but that these 
 senseless men should neither take this into account, when it 
 is so manifestly before their eyes, nor reflect that you have 
 often saved them one and all from destruction, and that you 
 have had more trouble in repairing the mischief caused by 
 their temerity and infatuation, when they have embarked in 
 war on a quarrel of their own, than in administering your 
 domestic affairs this, as it appears to me, ought to excite your 
 utmost displeasure. However, it is perhaps the destiny of 
 these men never to be wise in prosperity; but we, both for 
 our own sakes, and on account of our former achievements, 
 should be ambitious of proving to all mankind, that our 
 principle ever has been and ever will be, to do justice, while 
 certain people, who wish to enslave their fellow-citizens, 
 calumniate them before us. 
 
316 THE ORATIONS OF DEMOSTHENES. 
 
 XXV. 
 
 If, men of Athens, you heard the counsels of your states- 
 men and judged their measures in the same spirit, nothing 
 could be more safe than to offer you counsel. For, when the 
 result was good and prosperous I must say nothing but 
 what bears a good omen the merit would be equally shared 
 between you and the adviser. Now, however, you are glad to 
 hear men advise what is agreeable, but frequently accuse 
 them of deceiving you, if everything does not turn out as 
 you could wish, not reflecting that, although every one has it 
 in his power to inquire and consider what measures are for 
 the best, as far as human reason will enable him, and to tell 
 you the result of his inquiries, the execution and success of 
 such measures depend for the most part upon fortune. It is 
 sufficient that a human being should be responsible for his 
 own intentions ; that he should be made to answer for fortune 
 also, is a matter of impossibility. If any means had been 
 discovered of speaking on state affairs without peril, it would 
 be madness not to adopt such means : but since it is neces- 
 sary, that one who delivers his opinions upon a future policy 
 must participate in the consequences and take his share in 
 the blame of them, I think it would be disgraceful to hold 
 oneself out as an honest and well-meaning statesman, and 
 then to shrink from the danger (if any) which ensues. I pray 
 to the gods, that, whatever advice is likely to benefit the 
 commonwealth and myself, may come into my mind to 
 suggest and into yours to adopt. To wish for victory only, 
 without caring how it is achieved, is a sign, I should say, 
 either of madness, or of a person striving for his own private 
 advantage. 
 
 XXVI. 
 
 I pray, men of Athens, that as well upon the present occa- 
 sion, as upon every other when you meet in assembly, that 
 line of policy which you deem the best may be so in reality. 
 It is right, I think, when you are deliberating on questions 
 of importance, that you should be willing to hear all your 
 advisers impartially, bearing in mind, Athenians, that it is 
 disgraceful to make a clamour now, when certain persons 
 wish to give you counsel, and hereafter to listen with pleasure 
 to these same persons denouncing what has been done. I 
 
EXORDIA. 3 17 
 
 know, and I think you know, that for the present moment 
 those orators please you best, who say what you wish them 
 to say ; but should anything happen contrary to what you 
 expect, as I trust may not be the case, you will think that 
 these men have deceived you, while those, whom now you 
 cannot endure to hear, will be regarded by you as oracles of 
 wisdom. It is most especially for the interest of those, whose 
 advice has wrought so strongly with you now, that their 
 opponents should obtain a hearing. For if they are able to 
 convince you, that the policy of these men is unsound, having 
 done so before any error has been committed, they will keep 
 them safe from all danger : if they cannot convince you, 
 they will at all events have no right to find fault hereafter ; 
 but having obtained what in courtesy they were entitled to, 
 a hearing, if they are fairly beaten in argument, they will be 
 content, and, whatever may be the consequences, they will 
 take their share in them with the rest of you. 
 
 XXVII. 
 
 I think, men of Athens, that on a consultation of such 
 moment you ought to grant perfect liberty of speech to every 
 one of your advisers. For my own part, I have never thought 
 it difficult to make you understand right counsel for, to 
 speak plainly, you seem all to possess the knowledge your- 
 selves but to persuade you to follow it I have found diffi- 
 cult; for, when any measure has been voted and resolved, 
 you are then as far from the performance as you were from 
 the resolution before. One of the events, for which I con- 
 sider you should be thankful to the gods, is, that a people, 
 yho to gratify their own insolence went to war with you not 
 ong ago, now place their hopes of safety in you alone. Well 
 may we be rejoiced at the present crisis : for, if your measures 
 thereupon be wisely taken, the result will be, that the 
 calumnies of those who traduce our country you will practi- 
 cally and with credit and honour refute. 
 
 XXVIII. 
 
 The hopes held out by the speeches which you have just 
 heard are great and glorious, Athenians, and I imagine 
 they have put most of you, without due reflection upon 
 
318 THE ORATIONS OF DEMOSTHENES. 
 
 them, in a state of warm excitement. I myself never wish 
 to say anything to you for the purpose of immediate gratifi- 
 cation, which I do not think will benefit you hereafter. I 
 know it is the common custom with most people to like 
 those who approve what they do, and to have unfriendly 
 feelings towards those who find fault with them. A wise 
 man however should always strive to make his desires sub- 
 ject to his reason. Gladly would I have seen those mea- 
 sures, which are likely to be for your advantage, agreeable 
 for you to execute, so that my counsel might have been at 
 the same time pleasing and useful. As however I perceive 
 that you are bent on taking a contrary course, I deem it my 
 duty to oppose it, even at the risk of incurring odium with a 
 certain party. If you will not endure to hear a single word, 
 your resolutions will appear to have been formed not from 
 error of judgment, but from a natural inclination to do 
 wrong. But, if you will listen to me, you may possibly 
 change your opinion, which I apprehend will be of the 
 greatest advantage to you ; or, if you do not, it will be 
 thought that some of you are blind to your true interests, 
 and others whatever people choose to say. 
 
 XXIX. 
 
 First let me observe, men of Athens, that it is nothing 
 new to find opponents of your resolutions in assembly, when 
 some measure has to be carried. If you granted them liberty 
 of speech in your debates, and they exercised it at the time, 
 you might justly complain if they again obtruded upon you 
 the arguments which were rejected before : but now it is not 
 at all unreasonable, that these men should wish to say what 
 you refused to hear on the former occasion, and it is you, 
 men of Athens, who may fairly be blamed, because, when 
 you are debating a question, you do not allow every one to 
 declare his own opinion, but let some speakers preoccupy 
 your minds, and refuse to hear any of the rest. From this 
 results a consequence which cannot be agreeable to you; 
 that those, whose advice you might have followed before you 
 committed any mistake, you praise afterwards when they 
 appear as accusers. In this very predicament, as it seems to 
 me, you will again find yourselves, unless you give an im- 
 partial hearing to all on the present occasion, and submit 
 
EXORDIA. 319 
 
 patiently to the trouble, and then, after having chosen what 
 you judge to be the wisest policy, you reprobate the conduct 
 of those who find fault after the event. I have thus deemed 
 it right to declare in the outset what are my views upon the 
 question before you, so that, if they meet your approval, 
 I may proceed with the rest of my argument ; if they do not, 
 I may forbear either to annoy you or trouble myself any 
 further. 
 
 XXX. 
 
 You ought, men of Athens, before you went to war, to have 
 well considered what force you would have to meet its exi- 
 gencies. If it was not clear beforehand that war was im- 
 pending, you ought at least, when the prospect of it became 
 certain and you were deliberating upon it, to have well con- 
 sidered the means of carrying it on. If you mean to say that 
 you have put large bodies of troops into the hands of your 
 commanders, and that they have lost and cut them up, no 
 one will accept this excuse ; for the same people who acquit 
 by their verdict the administrators of their affairs cannot say 
 that they have brought them to ruin. However, since the 
 past cannot be recalled, and we have to apply the best remedy 
 which existing circumstances will allow, I see no advantage 
 now in making accusations, but I will endeavour to give 
 you such advice as occurs to me. In the first place, then, 
 you must make up your minds to this, that the zeal and 
 energy, which every individual is now called upon to display 
 in public affairs, must be as extraordinary as was his negli- 
 gence in times previous ; so it is just possible that by long 
 and strenuous exertions we may recover what has been 
 thrown away. In the next place, you must not be dejected 
 by the events which have happened : for that which is worst 
 in the past is best for the future. What do I mean, 
 Athenians'? I mean that your affairs are in bad plight 
 because you do nothing that is needful : if you had per- 
 formed your duties and it were still the same, there would 
 have been no hope of amendment. 
 
 XXXI. 
 
 Nothing is more offensive, Athenians, than that your 
 public speakers should censure and adopt the same practices. 
 
320 THE ORATIONS OF DEMOSTHENES. 
 
 That they should quarrel and abuse each other without 
 coming to any judicial decision, must be injurious to the 
 state; there is no one so thoughtless as to dispute this. 
 I think for my part, that these men would be improved, if, 
 when they addressed you in public, they turned their mutual 
 rivalries against your enemies. To you my advice is, not to 
 side with either faction, not to care whether the one or the 
 other prevails, but to aim only at this, that you may all get 
 the better of your enemies. And I pray to the gods, that 
 those, who either from jealousy or spite or any other cause 
 offer different counsel from that which they in their hearts 
 approve, may desist from such practices : to pronounce a 
 curse upon any counsellor of the republic would perhaps be 
 out of the way. I will accuse no individual, Athenians, of 
 being the author of our misfortunes : I charge them upon 
 the whole body of these men. And I think that you should 
 demand an account from them, when you are able to do it, 
 at your leisure : now you have to consider, how your affairs 
 may be retrieved. 
 
 XXXII. 
 
 I could have wished, men of Athens, that 'some of our 
 orators had exerted themselves as much to give honest advice 
 as they do to show off 7 their powers of speaking, so that they 
 might have been thought to be honest men rather than 
 clever speakers, and your affairs might have improved as 
 they ought. It appears however to me, that certain persons 
 are content with getting a reputation for eloquence, and are 
 wholly indifferent to the practical consequences of what they 
 advise. And I wonder very much whether speeches of this 
 kind are calculated to deceive the maker of them as much as 
 they deceive them to whom they are addressed, or whether 
 these persons understand that they are giving counsel con- 
 trary to their own honest opinions. For, if they are ignorant 
 that one who means to effect anything important should not 
 be bold in speech but strong in the sinews of war, not be con- 
 fident because his enemies will lack power, but because he can 
 overcome them even if they possess power, the graces of lan- 
 guage, as it would appear, have prevented their seeing the 
 most important truths. But, if they, would not venture to 
 say that they are ignorant of these things, and if there is 
 
EXORDIA. 321 
 
 some other reason why they adopt their present course, how 
 can you help thinking that it is a bad reason, whatever it is ? 
 I will not shrink from declaring to you my opinion, though 
 I see that you have a bias ; for it would be foolish, when you 
 are unfairly prejudiced by one argument, to be afraid of ad- 
 vancing another which is likely to be more sound and more 
 serviceable. I entreat you to hear me with patience, remem- 
 bering that you would not have taken the views you have, if 
 you had not heard arguments which convinced you. As, if 
 you were judging of the value of certain coins, you would 
 have thought it right to assay them, so now I ask you to 
 judge the argument which has been addressed to you by 
 what I have to say against it. If you find it to be sound 
 and good, adopt it, and may good fortune attend you ; but if, 
 upon a careful consideration of all the particulars, you think 
 it unsound and inexpedient, then I trust that, before you 
 have committed any error, you will change your minds and 
 adopt a course which is more prudent. 
 
 XXXIII. 
 
 My first wish, men of Athens, is, that you would adopt the 
 advice that I am about to offer : should that wish however 
 prove vain, my greatest satisfaction will be, that I have 
 spoken it. It appears to me that it is not only difficult to 
 offer you the best counsel in debate, but to discover it by 
 thought and reflexion. Any one would be convinced of this, 
 who thought that you regarded not the words but the things 
 that you are engaged about, and who take more pains to be 
 thought an honest- man than to appear a clever speaker. 
 For my own part, I assure you, as I hope to prosper, that, 
 when I began to consider the present question, an abundance 
 of words occurred to me, which would not have been dis- 
 agreeable for you to listen to. I saw, and I still see, that 
 there was much to be said about your being the justest of 
 the Greek people, and about your being descended from the 
 best ancestors, and a good deal more of that kind. But 
 things of this sort, though they give pleasure at the time of 
 utterance, pass away directly and come to nothing. Your 
 speaker ought to advise some practical course which shall 
 secure the attainment of a future benefit. This, I know by 
 experience, is a rare and a difficult thing to accomplish. It 
 
 VOL. v. T 
 
322 THE ORATIONS OF DEMOSTHENES. 
 
 is not sufficient merely to see what is best, unless one can 
 convince you who have to cooperate in its procurement. 
 However, it is my business, I suppose, to advise what I am. 
 persuaded is advantageous ; it is your business, Athenians, 
 to hear and judge, and, if it pleases you, to adopt it. 
 
 XXXIY. 
 
 It was easy to conjecture, men of Athens, a little while 
 ago, when you refused to hear those who wished to oppose 
 what this and that person said, that what is now taking 
 place would occur, namely, that those who were prevented 
 from speaking then would come forward in another assembly. 
 If therefore you repeat what you did before, and refuse to 
 hear the men who wished to support your former decrees, 
 they will take the same course again in the next assembly 
 and impeach the resolutions of to-day. Your affairs, men of 
 Athens, cannot possibly be worse, nor the absurdity of your 
 conduct be made more apparent than it is now, when your 
 resolutions never come to any issue, you disregard your in- 
 terests, you do nothing to forward them, and attach your- 
 selves (as it were) to any persons who first occupy the stage. 
 Let not such practices continue, Athenians ; grudge not the 
 labour, but give your attention equally to both sides ; first 
 choose the measures which you are to pursue, and then, if 
 any one opposes the plan which you have deliberately decided 
 on, regard him as a good-for-nothing person who is ill-dis- 
 posed to you. When a man has not obtained a hearing, he 
 may be excused for imagining that his own plans are prefer- 
 able to yours ; but if, after you have heard and determined, 
 he persists in obtruding his opinion, instead of giving way to 
 that of the majority, he may lie under the suspicion of dis- 
 honesty. I myself should have held my tongue on the pre- 
 sent occasion, had T seen you adhering to your resolution of 
 the other day ; for I am one of those who approve of the 
 course which you then adopted. As some of you appear to 
 have changed your opinions through the speeches of these 
 men, I will endeavour to show you that their statements are 
 neither true nor for your advantage. Possibly you may 
 know this already ; however, I will take the chance of your 
 being ignorant. 
 
EXORDIA. 323 
 
 XXXV. 
 
 It was right and just, men of Athens, that, if any man had 
 any counsel to offer, he should have endeavoured to convince 
 you at the time when this question was the subject of debate, 
 so that two consequences which are most injurious to the 
 state might have been avoided ; first, the eternal failure of 
 your decrees, and secondly, your stultifying of yourselves by 
 changing your resolutions. However, as certain persons who 
 were silent then find fault now, I wish to address to them a few 
 words. I am astonished at the character of their politics, or 
 rather, I have a very poor opinion of it. For if, when they 
 might advise you at the time when you deliberate, they 
 prefer impeaching your decrees, they act the part of petti- 
 foggers, not, as they say, of well-disposed citizens. I should 
 be glad to ask them (and don't let what I am about to say 
 be the beginning of a squabble) why, when they praise the 
 Lacedaemonians in other respects, they do not imitate them 
 in that which is the most admirable part of their conduct, 
 but do exactly the reverse ? For they say, men of Athens, 
 that at Lacedsemon every man declares his own opinion 
 until the resolution is passed, but, when once that is passed 
 and confirmed, all approve of it and assist in its execution, 
 even those who opposed it in debate. Therefore it is that the 
 Lacedaemonians, though few in number, prevail over many, 
 and gain by opportunities what they cannot acquire by war. 
 and they never let any occasion escape them, nor any means 
 of accomplishing what is for their advantage. Sure enough, 
 they do not act as we do through these men and those like 
 them we who, in vanquishing one another and not our 
 enemies, have wasted all our time and if any man brings 
 us from war to peace, we abhor him ; if any one proposes 
 war instead of peace, we quarrel with him ; if any one 
 advises us to be quiet and mind our own business, we say 
 again that he is wrong; in short, we are always full of 
 accusations and empty hopes. What then it may be asked 
 do you advise, when you administer these rebukes 1 Well ; 
 I will explain. 
 
 XXXVI. 
 
 To begin, men of Athens it appears to me, there is not 
 much occasion to fear, that your consultations will not 
 
 Y2 
 
324 THE ORATIONS OF DEMOSTHENES. 
 
 prosper by reason of your unwillingness to hear your coun- 
 sellors. For, in the first place, fortune is kind enough to put 
 many things into your hand without any exertion on your 
 part ; few things indeed would have done well, if it had de- 
 pended on the foresight of your statesmen. In the next place, 
 you know beforehand not only the arguments which every 
 one would urge, but also the objects which each of them has 
 in addressing you, and (but that it would have been invidious) 
 I might have added, the reward which he gets for it. You 
 are wise, I think, in compressing into the smallest possible 
 compass the opportunity of imposing on you. Were the 
 arguments which I have to offer anything like what you. 
 have heard already, I should hardly have thought it worth 
 while to trouble yon. But what I have to say, while it is 
 most important for your interests, will be wholly different 
 from what is expected by the multitude. I shall not detain 
 you very long. Hear and consider my advice, and then, if 
 it pleases you, adopt it. 
 
 XXXVII. 
 
 The opening of my address, men of Athens, shall be both 
 short and just ; nor will I say all that I could say. For I 
 hold, it is the part of one who meditates deceit, to try how 
 by his speech he can hide disagreeable realities from you that 
 hear him ; but one who is resolved to deal with you plainly 
 and honestly will make it his first business to declare which 
 side of the question he comes forward to espouse, so that if, 
 after hearing this, you desire to hear what further he has to 
 say, he may state and explain the measures which he advises ; 
 if you disapprove of his views, he may retire and neither 
 annoy you nor trouble himself. The first thing that I have 
 to say is this it appears to me that the people of Mytilene 
 have been injured, and that it is your duty to obtain justice 
 for them. I have the means of showing also, how you can 
 obtain it ; but first let me satisfy you that they have been 
 injured, and that it is your duty to succour them. 
 
 XXXVIII. 
 
 Let me say in the outset, men of Athens, that I cannot 
 wonder if your counsellors should find it difficult to advise 
 you : for, when the affairs on which one has to deliberate are 
 
EXORDIA. 325 
 
 in a bad condition, advice must necessarily be no easy matter. 
 If there were any hope that by refusing to hear advice your 
 affairs could be retrieved, it would be right to adopt such 
 course ; but if this, instead of mending, would only make 
 them worse, how can it be right to let them sink to the 
 lowest point of wretchedness, and endeavour to retrieve them 
 after losing so much time and creating so many more diffi- 
 culties, when it is in your power even now to extricate your- 
 selves from your present embarrassments and re-establish 
 your prosperity 1 
 
 It is very natural that you should be angry, when you 
 suffer such disasters ; but, that you should vent your anger 
 not upon the authors of the mischief, but upon every body 
 in succession, is neither natural nor just. For those who 
 are not chargeable with any of your past measures, but 
 are prepared to show how the future may be amended., 
 deserve, O Athenians, not your displeasure, but your 
 gratitude ; and, if you unseasonably repulse them, they will 
 be disinclined to come forward in your behalf. I am not 
 ignorant, that commonly it is not the guilty parties, but 
 those who come in the way of your anger, who have to en- 
 counter its unpleasant consequences. However, I have risen 
 to advise you, men of Athens, because I am persuaded that 
 you will not find me to be the author of any foolish measure, 
 but that I have better counsel to offer you than the rest. 
 
 XXXIX. 
 
 The events, men of Athens, are such as you have heard. 
 You, however, ought on no account to be dismayed, remem- 
 bering that despondency under misfortune is neither ex- 
 pedient for your affairs nor worthy of yourselves : your duty 
 and your honour both require that you should make every 
 exertion to recover what is lost. It becomes men who are 
 such as you would represent yourselves to be, to exhibit 
 more firmness than others under calamity. Grieved indeed 
 I am, that such a disaster should have befallen the state ; 
 grieved I must be that any misfortune should happen to 
 you : but if this was destined to happen, if it was reserved 
 for us by a decree of Divine providence, then, I think, it is 
 for your advantage that it occurred as it has done. For the 
 changes of fortune are sudden ; sometimes she favours one 
 
326 THE ORATIONS OF DEMOSTHENES. 
 
 side, and sometimes the other : but, when disasters happen 
 through the cowardice of men, the effects are permanent. I 
 think, even the conquerors are aware, that, if we are in 
 earnest and our spirits roused by what has happened, it is 
 not yet perfectly clear whether the event is a piece of good 
 fortune for them, or the contrary. If the affair however has 
 inspired them with false confidence, even this perhaps may 
 turn out to your advantage : for, the more they despise you, 
 the sooner will they commit some blunders. 
 
 XL. 
 
 It appears to me, men of Athens, that you are now deli- 
 berating not only concerning the state which you think, but 
 on behalf of all the states in your confederacy : for, however 
 you decide in the affair of this state, it is probable that the 
 rest of your allies will take such decision for an example, and 
 expect the same treatment for themselves. You must there- 
 fore have regard both to your interest and your reputation, 
 and see that you take such measures as are at the same time 
 just and expedient. The commencement of all these pro- 
 ceedings is with the generals ; most of whom, when they sail 
 from Athens, do not choose to pay court to your friends, who 
 have been recommended to them as having shared the same 
 dangers with you time out of mind ; on the contrary, each 
 of these commanders procures friends for himself, and then 
 requires you to regard his flatterers as your friends ; which 
 is wholly contrary to the fact : for you could find no more 
 natural nor more dangerous enemies than such persons. For, 
 the more they cheat and defraud you, the more punishment 
 they are conscious of deserving at your hands : and no man 
 can be friendly to those, from whom he expects to suffer 
 harm. The present occasion perhaps is not suitable for 
 making accusations : I will proceed to offer that advice, which 
 I think will be for your advantage. 
 
 XLI. 
 
 Among you all, men of Athens, I presume there is not one 
 to be found so unfriendly to the commonwealth, as not to be 
 grieved and distressed by the events which have occurred. 
 If it were possible to undo aught of what has been done by 
 
EXORDIA. 327 
 
 anger and complaint, I should have exhorted you all to take 
 that course ; but, since the past cannot be altered, and you 
 have to provide for the future and to guard against similar 
 occurrences, instead of expressing your vexation at what has 
 happened, you ought, Athenians, to give your serious 
 attention to prevent the recurrence of such a calamity, and 
 to assure yourselves that none of your statesmen has any 
 counsel to offer, which can preserve the state without your 
 cooperation ; for that would be not counsel, but divine power. 
 The oause of our wretched condition lies in this, that certain 
 of ths orators, in order to gain your favour at the moment, 
 urge upon the assembly, that there is no need either to pay 
 property taxes or to do military service, but that everything 
 will come to you without your seeking or striving to get it. 
 It would be well if these fallacies received another sort of 
 refutation, and one attended with benefit to the state : it 
 seems however to me, that even now fortune is in a manner 
 kinder to you than your leading statesmen. For, while 
 the many partial losses which you have sustained prove 
 undoubtedly the baseness of those who administer your 
 affairs, the fact that all has not been lost long ago I must 
 regard as a signal proof of your good fortune. While then 
 fortune allows you a respite, and keeps your enemies back, 
 take precautions for the future. If you fail to do so, mind 
 if you will not have to bring to task those who direct your 
 affairs, while the prosperity of the commonwealth declines. 
 It is impossible, Athenians, that it can stand without 
 something extraordinary occurring, when no one lends a 
 hand to uphold it. 
 
 XLII. 
 
 It is by no means extraordinary, O Athenians, that those 
 statesmen, whose unvarying policy is to give their support 
 to oligarchies should be convicted of doing so on the present 
 occasion. What may more reasonably excite wonder is this, 
 that you, who are fully aware of the fact, should listen so 
 often to these men with more pleasure than to those who 
 defend your interests. Perhaps it is no more easy in public 
 affairs than in private, to do always what is right ; however, 
 it is unquestionably wrong to neglect matters of the greatest 
 importance. Other things are of less moment ; but, when 
 
328 THE ORATIONS OF DEMOSTHENES. 
 
 you hear with indifference discussions about constitutional 
 principles and massacres and putting down of democracy, 
 how can one help fancying that you have lost your senses ? 
 People in general profit by the examples of others, to become 
 more cautious themselves : but you, even when you hear 
 what happens to your neighbours, cannot feel any alarm ; 
 on the contrary, while you would call any private person 
 a simpleton, who did not take precaution against disasters ; 
 you make not the least effort, as a people, to avoid them, but 
 wait, as it seems to me, till you are made sensible of them by 
 experience. 
 
 XLIII. 
 
 Possibly, men of Athens, none of you has ever inquired, 
 how it happens that people in adversity take better counsel 
 upon their affairs than people in prosperity. The cause is 
 no other than this, that the former neither dread any thing 
 nor regard the dangers which are pointed out to them 
 as appertaining to themselves; while the latter, whs are 
 constantly reminded of their errors, when they arrive at mis- 
 fortune, are rendered cautious and prudent for the future. 
 It is the duty of wise men, when fortune is most favourable 
 to them, to behave themselves with the more moderation on 
 that account ; for, while there is no danger which may not 
 be guarded against if you are provident, there is nothing 
 which you may not expect to suffer if you are careless. I 
 say this, O Athenians, not to inspire you with needless alarm ; 
 but that you may not be induced by your present good 
 fortune to despise the dangers of which you are forewarned, 
 which are likely enough to be realised if you are not careful 
 to avoid them ; and that, as becomes men who pretend to be 
 surpassed by none in wisdom, you may take timely precau- 
 tions without waiting for bitter experience. 
 
 XLIV. 
 
 There is one time for speaking to please you, and another 
 for giving you sound and honest advice. Such is my opinion, 
 men of Athens. For I observe, that one who speaks what is 
 agreeable to you against his own conviction often draws 
 greater enmity upon himself than one who opposes you from 
 the first. Had you now all held the same opinions, I should 
 
EXORDIA. 329 
 
 not have come forward to address you, whether I thougnt 
 that you were right or wrong; for, in the former case, I 
 should have deemed it superfluous to advise people whose 
 own impulses prompted them to act wisely ; and in the 
 latter case, I should rather have believed myself, a single 
 individual, to be in error, than all of you. As I see however, 
 that some of you hold opinions coinciding with my own and 
 differing from the rest, I will endeavour in conjunction with 
 that section of you to convince the adverse party. Should 
 you refuse to hear me, you would act very wrong ; but, if 
 you will listen to me in silence and be patient, one of two- 
 advantages you will gain. Either you will be persuaded by 
 me, if what I recommend meets your approval ; or you will 
 be more thoroughly convinced of the wisdom of your present 
 resolutions. Should the grounds on which I think you are 
 in error appear to be futile, you will have proof that your 
 measures are well chosen. 
 
 XLV. 
 
 I should be glad, Athenians, as certain persons have 
 acquired such renown in talking of these measures, that they 
 might earn the like praise in the execution of them ; for, by 
 the Gods, I assure you, I have no unfriendly feelings towards 
 them, and I can only have good wishes for you, Athenians. 
 But see whether it be not a very different thing to make a 
 good speech, and to choose useful measures ; whether the 
 former be not the work of an orator, and the latter belongs 
 to a man of understanding. You, the many, and especially 
 the elder portion of you, cannot be expected to speak like 
 the ablest orators ; for this faculty is acquired by practice ; 
 but you ought to have as good an understanding as they 
 have, and better ; for this is given by experience and know- 
 ledge of the world. Do not then forget, Athenians, on the 
 present occasion, that courage and boldness of speech, unless 
 you have material force at your command, pleasant as they 
 are to the ear, lead to peril in action. For example, it is a 
 fine sentiment to express, that you will not submit to in- 
 justice. But now look at the thing itself. Those who wish 
 to realise to themselves this glorious sentiment must fight 
 and conquer their enemies. All things, men of Athens, are 
 easy to be spoken ; but all things are not so easy to be done : 
 
330 THE OEATIONS OF DEMOSTHENES. 
 
 the same quantity of sweat is not necessary for speaking that 
 is necessary for doing. I do not think that you are naturally 
 inferior to the Thebans I should be mad to think so but 
 you are not so well prepared. Therefore I say, you should 
 begin now to make preparations, as you have been so long 
 neglecting military service. I do not oppose the whole 
 scheme, but differ as to the mode of conducting operations. 
 
 XLVI. 
 
 What pains the ambassadors have taken to accuse our 
 state, you have all observed, men of Athens. With one or 
 two exceptions, which I can hardly remember, they have 
 endeavoured to cast the blame of everything upon us. Had 
 their accusations been true, you ought to be grateful to 
 them, for accusing you thus to yourselves and not to others. 
 But, since in their speeches they have distorted the truth, 
 omitting all mention of those actions which entitle you to 
 the highest praise, and bringing charges which are false and 
 have no relation to you whatever, you must, when they are 
 convicted of such conduct, regard them as good-for-nothing 
 persons. For, if they have sought the reputation of clever 
 orators rather than that of truthful and honest men, they 
 must themselves acknowledge, I should think, that their 
 character for respectability is gone. It is a difficult thing to 
 rise in your assembly to speak in your behalf, though it is 
 easy to rise and speak against you. For, by Athene, I be- 
 lieve, there are no people in the world who so patiently 
 endure to be reminded of their real faults, as you endure to 
 be scolded for faults which you are not chargeable with. 
 These men would not dare to utter such impudent false- 
 hoods, were they not aware of this circumstance, and were it 
 not notorious, that you are ready and willing to hear any- 
 thing that any man will say against you. If it is needful 
 that you should pay the penalty of such folly, you may be 
 punished in this way, by hearing the state calumniated. 
 But, if it is right to say all that justly can be said in defence 
 of the truth, I am come forward for this purpose, believing, 
 not that I myself shall be able to speak worthily of what you 
 have done, but that the deeds themselves, however they are 
 represented, must appear to be honourable and just. I trust, 
 men of Athens, that you will give me an impartial hearing 
 
EXORDIA. 331 
 
 for your own sakes, and not be so cajoled by the speeches of 
 these men as to become their factious partisans. For no one 
 can cast any blame upon you, if you are deceived by a clever 
 orator, but the blame then will be theirs, who have exerted 
 themselves to impose on you. 
 
 XL VII. 
 
 I think you will all agree, men of Athens, that every one 
 of you desires those measures to be carried, which he deems 
 most advantageous to the state. It so happens, however, 
 that you are not unanimous in your judgment of what is ad- 
 vantageous, or else you would not some of you desire me to 
 speak, and some not to speak. To those who approve of 
 the same measures as the speaker there is no need for him 
 to address a single word ; for they are already convinced : 
 to those whose policy is opposed to mine I have a few words 
 to say. If you refuse to listen, it is of course as impossible 
 for you to learn anything, as if you were silent and no one 
 got up to speak. If you will lend me your ears, one of two 
 good consequences must necessarily ensue. Either you will 
 be brought over to the same opinion, and so will take counsel 
 together more harmoniously, than which there cannot be 
 a greater advantage under existing circumstances ; or, if the 
 speaker is unable to convince your minds, you will have 
 a firmer confidence in your present judgment. And besides, 
 it does not look well that you should come to the assembly 
 under a supposed obligation of choosing the best counsels 
 which are offered you, and that it should turn out that, before 
 you had formed a judgment from the speeches, you had 
 already a conviction in your own minds, and one of so obsti- 
 nate a nature, that you refused to hear anything to the 
 contrary. 
 
 XLVIII. 
 
 Some of you perhaps, Athenians, may think me trouble- 
 some for speaking so often, and always about the same 
 matters. However, if you look at the thing fairly, it will 
 appear that the blame of this should fall, not upon me, 
 but rather upon those persons who disobey your decrees. 
 For, if they had in the first instance done what you com- 
 manded, there would have been no necessity for me to speak 
 
332 THE ORATIONS OF DEMOSTHENES. 
 
 a second time, or, if they had done it in the second instance, 
 there would have been no necessity to speak again. But 
 now, Athenians, the oftener you have decreed what is for 
 your advantage to be done, the less, as it seems to me, are 
 those men prepared to do it. Formerly, by the Gods, I 
 never understood the meaning of the expression " Office shows 
 the man," but now I think I could explain it to others. 
 For our men in office, or some of them, (that I may not in- 
 clude all in the same charge,) have not the slightest regard 
 for your decrees, but care only for what they can get. If it 
 were possible to give them anything, I might justly perhaps 
 have been reproached for choosing to trouble you for a 
 trifling outlay : but it is not possible, as these men them- 
 selves are fully aware. If they imagine that I shall procure 
 anything extra for them, on account of the public charges 
 which they have to defray, they talk nonsense. Perhaps 
 indeed they wish what they expect ; but I shall do nothing 
 of the kind. No. If they find the means, I will launch 
 the ship and perform my duty ; if not, I will disclose to you 
 the guilty parties. 
 
 XLIX. 
 
 I should think no sensible man, Athenians, would deny, 
 that the best of all things for the commonwealth is, if pos- 
 sible, to adopt no hurtful measures at all; the next best 
 thing is, that we should have persons ready to oppose them. 
 But then it is further necessary, that you should be willing 
 to hear and to be instructed ; for there is no use in a wise 
 counsellor, unless he has people to follow his advice. Again, 
 it would not be unprofitable after this, that, whatever deceits 
 may have been practised on you, owing either to the occa- 
 sion, or to the time of day, or to any other cause, there 
 should be some one to institute a further inquiry into the 
 matter, when you return to your senses and are willing to 
 hear it, so that, if your resolutions appear to be such as they 
 were represented by their advisers, you may execute them all 
 the more zealously lor their having borne the test of in- 
 quiry, and, if they are found to be of a different character, 
 you may pause before you proceed with them any further. 
 It would be shameful indeed, if people who missed the best 
 measures were compelled to execute the worst, and were not 
 
EXORDIA. 333 
 
 allowed to do the best thing under the circumstances, namely, 
 to change their policy. I observe that all other men hold 
 themselves out as perpetually responsible, when they are con- 
 fident in the rectitude of what they have done : these men, 
 on the contrary, object to your reconsidering any mistake 
 which you have fallen into, thinking that your original de- 
 lusion should have greater effect than the proof which you 
 get afterwards. The motives which make these men so zea- 
 lous are pretty well understood by most of you. However, 
 as you have greater liberty of speech, it becomes every man's 
 duty to advise what he thinks best for your affairs. 
 
 I pray to heaven that, whatever is likely to benefit the 
 whole commonwealth, may be spoken by all, Athenians, and 
 chosen by you. I myself will openly declare what I am per- 
 suaded is most for your advantage, first making one request 
 to you, that you will neither regard those who bid you 
 march to battle as therefore possessing courage, nor those 
 who endeavour to oppose them as therefore cowardly. For 
 words and acts are not proved in the same way, Athe- 
 nians ; but now it should appear, that you have taken 
 prudent counsel; hereafter, if these measures are carried, 
 you will have to display the qualities of courage. Your 
 zeal cannot be too highly praised ; it is such as every 
 well-wisher to the state would desire ; but, the more ear- 
 nest it is, the more care should you take that you apply 
 it to proper uses. For the choice of a measure will get 
 no credit, unless the issue of it be honourable and useftil. 
 I remember, Athenians, I once heard a saying here of 
 a man who was in good repute both for his wisdom and 
 his military experience I mean Iphicrates who said that 
 a general ought to go into action with the purpose, not 
 of effecting this or that, but of effecting this : such were the 
 words he used. It was well understood, that what he meant 
 was, that he should go into action to conquer. When you 
 march to battle, whoever leads you is your master ; but 
 now each of you is his own commander. You must now 
 therefore take such measures as will in every possible way 
 conduce to the good of the state, and not, for the sake of 
 an uncertain prospect, diminish your present welfare. 
 
334: THE ORATIONS OP DEMOSTHENES. 
 
 LI. 
 
 I should have thought, men of Athens, that no one who 
 had confidence in these measures would complain of those 
 who bring them under discussion : for, the more often they 
 are scrutinized, the more highly must their authors be 
 esteemed. And yet, as it appears to me, they themselves 
 make it evident that they have not acted for the good of 
 the commonwealth. Certainly it is those who are likely to 
 be exposed in the event of a new discussion, who shrink 
 from it and say that we ill-treat them. But, when you com- 
 plain of ill-treatment on the part of us who seek the exposure, 
 what then should we say of those who have practised decep- 
 tion upon us-? 
 
 LII. 
 
 It would be just, Athenians, that you should regard 
 with the same displeasure those who attempt to deceive you, 
 as those who succeed in the attempt. For, whatever lay in 
 their power, they have done ; they have led you on as far as 
 they were able ; and their failure is owing to fortune, and to 
 your being in a better state of mind than when you were 
 under their influence. For my own part however, I think 
 the state is so far from being in a condition to punish 
 offenders, that you ought to be very well content if you can 
 escape mischief yourselves : so many juggling tricks are 
 played off against you, and so many persons lend themselves 
 as tools for the purpose. The present is not the fittest time to 
 denounce the baseness of such people. I will address myself 
 to the subject on which I rose to speak, and state what I 
 consider to be advisable. 
 
 LIII. 
 
 The wrangling and disturbance, which so often occurs" to 
 the detriment of the commonwealth, has now also, men of 
 Athens, proceeded from the same persons that it always 
 does. Yet it is not so much these persons who are to be 
 blamed, (for they act thus perhaps from passion and rivalry, 
 and mainly because they think it is for their private advan- 
 tage ;) it is you, men of Athens, with whom the fault prin- 
 cipally rests you who, when assembled on public business of 
 the highest importance, sit listening to private scandal and 
 abuse, and cannot so much as reflect, that these reproaches, 
 
EXORDIA. 335 
 
 which the orators cast on one another without bringing the 
 matter to trial and judgment, cause you to be responsible for 
 what they prove against each other. For, with a very few 
 exceptions, (that I may not include all in the charge,) none 
 of them abuses his rival in order that your affairs may be 
 improved, (far from it,) but in order that, what each charges 
 his adversary with doing, and represents as a grievous offence, 
 he may himself do with less chance of discovery. Don't rely 
 on my words for the proof of this, but only consider for a 
 moment. Does any man ever rise in the assembly and say 
 " I have come forward, men of Athens, desiring to get some- 
 thing from you, and not for your advantage " ? Assuredly, 
 no one ever says this. They pretend to have come forward 
 for your sake and on your account ; such is their pretext. 
 Now ask yourselves, Athenians : how it is that you, whose 
 interests they all profess to serve, are no better off now than 
 you were before, while these orators, who do everything for 
 your sake, and not one of whom has ever spoken a word for 
 his own advantage, have all of them risen from poverty to 
 wealth ? The reason is, Athenians, because they say they 
 love you, but in fact they love not you, but themselves. 
 They give you something to laugh at ; they give you the 
 opportunity of making a noise ; and sometimes they buoy 
 you up with hopes ; but never will they gain or acquire any- 
 thing really beneficial to the state. No, men of Athens. The 
 day that yon are roused from your deplorable state of weak- 
 ness, you will not endure even to look upon these men. At 
 present they hold up the people, as if they were sick, with 
 their drachm and their gallon and four obols, giving you, 
 O Athenians, such diet as physicians give to their patients. 
 As that neither imparts strength nor permits the patient to 
 die, so these allowances neither let you turn in desperation 
 to something better, nor are themselves of any permanent 
 advantage. 
 
 LIV. 
 
 It is just and right and honourable, men of Athens, that 
 we should be as attentive as you yourselves always are to the 
 performance of religious rites. I have been careful to per- 
 form my duty to you in this respect; for I have offered 
 sacrifice to Jupiter the Preserver and to Athene and to 
 
336 THE ORATIONS OF DEMOSTHENES. 
 
 Victory, and the sacrifice has been favourable and auspicious 
 for you. I have sacrificed also to Persuasion and to the 
 Mother of the Gods and to Apollo, and these offerings have 
 likewise found acceptance. And the sacrifices to the other 
 Gods were attended with success, and promise safety and 
 welfare to the state. Receive then, Athenians, from the 
 Gods the blessings which they offer you. 
 
 LV. 
 
 There was a time, I believe, in your history, Athenians, 
 when the people compelled any man whom they saw to be 
 honest and wise to engage in public business and hold poli- 
 tical appointments ; not that there was any lack of men who 
 desired to do so ; (for, while I consider our state fortunate in 
 every other respect, I believe she never enjoyed this one 
 piece of good fortune, the failure, namely, of persons willing 
 to make a profit out of the public purse ;) but the people, 
 O Athenians, regarded this as a spectacle glorious to them- 
 selves and profitable to the commonwealth. For these 
 statesmen, linked to one another in continual succession, as 
 they were good and virtuous in private, shewed themselves 
 cautious and discreet in their political conduct; and those 
 citizens, who, though they were honest and good magistrates, 
 were not very clever at haranguing and canvassing, were not 
 excluded from honours. But now, Athenians, you appoint 
 your magistrates exactly in the same way that you appoint 
 your priests ; and yet you wonder, when this or that person 
 becomes wealthy by continually receiving large sums of the 
 public money, while the rest of you walk about envying their 
 prosperity. You are famous for taking away the honours 
 which you. confer, and making laws for such cases, when any 
 one twice holds an office in the city police, or the like ; while 
 you permit the same persons always to be your generals. 
 And there is some excuse perhaps for allowing those who are 
 engaged in actual service to hold their commands ; but it is 
 folly to permit the others, who do nothing, and hold a place 
 for which they pay nothing, but are themselves paid. You 
 should rather, Athenians, appoint some of yourselves, as 
 there are so many of you. For, if you weigh people as it 
 were in a balance, every one who has any merit will soon 
 voluntarily come forward. 
 
EXORDIA. 337 
 
 LVI. 
 
 That a man should rise to address you, who is persuaded 
 that he has some useful advice to offer, is in my opinion, 
 Athenians, a right and proper thing ; but that any one 
 should force himself upon you, -when you are unwilling to 
 hear him, I consider to be quite disgraceful. Should I be 
 fortunate enough to secure your attention to-day, I think 
 that you will be better able to choose the wisest mea- 
 sures, and will shorten the speeches of those who mount the 
 platform. What then do I advise ? First, Athenians, 
 that you will require every one who comes forward to speak 
 on the question before you. Otherwise you will have men 
 talking upon a multitude of topics wide of the mark, and 
 wandering into the field of wit and sophistry, especially if 
 they imitate some of these orators who are so clever. If you 
 were come here to listen to words, this sort of language 
 should be both spoken and heard : but if you are come to 
 deliberate on the choice of measures, I would have you 
 judge the measures as far as you possibly can by themselves, 
 irrespectively of the words that are calculated to deceive 
 you. This is the first thing I advise. The next which some 
 persons may think strange, looking at the small importance of 
 the speeches is this : that you will hear those who address 
 you in silence. For on the question whether this or that 
 measure is expedient, and which the state ought to select, 
 there is but little to be said, unless people talk for the sake 
 of talking, and that little will not bear repetition : but to 
 tell you that you are bound to listen, and to reply to clamour, 
 and make words grow out of words, is easy enough for any- 
 body. By clamorous interruption you don't get rid of the 
 speaker ; he goes on again, and you are forced to hear what 
 is nothing to the purpose. Such is my opinion upon the 
 subject in debate. 
 
 VOL. V. 
 
338 THE EPISTLES OF DEMOSTHENES. 
 
 THE EPISTLES. 
 
 THE PREFACE. 
 
 Six epistles have come down to us under the name of Demosthenes, 
 purporting (all but one) to be written to the people and council of 
 Athens, and four of them during his exile. The first is written 
 after the death of Alexander; it exhorts his countrymen to take 
 advantage of the occasion, to adopt prudent and vigorous measures 
 for the recovery of their independence, and, above all, urges the 
 necessity of a general amnesty and concord among the different cities 
 and parties of Greece. In the second letter he petitions for his recall 
 from exile, asserting his innocence of the crimes imputed to him, and 
 reminding the people of his former services. In the third he entreats 
 them to pardon and release the sons of Lycurgus, who had been 
 thrown into prison for debt. In the fourth he defends himself 
 against the calumnies of one Theramenes, who had reproached him 
 with being unfortunate and the cause of ill-fortune to his country. 
 The fifth is addressed to Heracleodorus, an orator of some Greek 
 city, engaged in the prosecution of one Epitimus upon a criminal 
 charge; in whose behalf the writer implores his clemency. The 
 sixth relates to the affairs of the Lamian war. 
 
 Critics are divided in opinion as to the genuineness of these epistles. 
 There appears to have been no doubt entertained on the subject in 
 ancient times ; for they are cited as genuine by Hermogenes, Harpo- 
 cration, Aristides, and other writers. But the facility with which 
 the ancients were apt to receive collections of letters passing under 
 the names of eminent men weakens the authority of such recognition. 
 In modern times, Taylor, Bekker, Bockh, Dindorf, Clinton, and 
 Kiessling have pronounced these letters to be spurious. On the other 
 side are H. Wolf, Reiske, and A. G. Becker; the last of whom con- 
 jectures, that Demochares, a relation of the orator, procured from 
 the archives of the council chamber the letters addressed by him 
 to the council and people, and added them afterwards to his pub- 
 lished works. Schafer believes in the first four of the letters; the 
 two last he pronounces to be spurious. 
 
 EPISTLE I. 
 CONCERNING CONCORD. 
 
 IN commencing anything important, either in word or deed, 
 one ought, I think, to address oneself to the gods. I there- 
 fore pray to all the gods and goddesses, that it may enter 
 
CONCERNING CONCORD. 339 
 
 into my mind to write, and into the minds of the assembled 
 Athenians to choose, whatever is best for the people of 
 Athens and for the well-wishers of the people both now and 
 hereafter. Having uttered this prayer, and hoping to be in- 
 spired by the gods with wise and salutary counsel, I write the 
 following. 
 
 Demosthenes greets the council and people of Athens. As 
 to my return from exile, I consider that you may at any 
 other time deliberate among yourselves, and therefore I have 
 not now written upon that subject : but seeing that the 
 present crisis may, if you adopt proper measures, bring 
 honour and safety and freedom not only to you, but to all 
 the rest of the Greeks, and that, if you mistake your course 
 or allow yourselves to be misled, the opportunity will not 
 easily be recovered, I have deemed it my duty to lay fully 
 before you the opinion which I hold. I am aware it is a 
 difficult thing to persuade by letter ; for your custom is, to 
 oppose arguments without waiting to understand them. A 
 speaker may discover your wishes and correct your misappre- 
 hensions ; but a paper, if its readers are clamorous, has no 
 such means of setting them right. However, if you will 
 only hear me in silence and have patience to understand all 
 that I have to say, I believe and I trust under favour of the 
 gods, short as this letter is, I shall show that I have myself 
 been acting purely out of good-will to you and for your 
 benefit, and I shall be able to point out what is your true 
 policy at the present crisis. In taking up my pen, I hare 
 not supposed that you are at a loss for orators, or persons 
 who will say whatever comes uppermost without reflection : 
 my object is, to impart to your advisers whatever knowledge 
 I possess from experience or from having followed up the course 
 of Grecian politics, and so, while I furnish them with ample 
 means of discussing what I recommend, to enable the mass of 
 the people more easily to decide upon their choice of measures. 
 Such are the reasons which prompted me to write this epistle. 
 
 It is first and principally necessary, men of Athens, that 
 you should establish perfect harmony among yourselves with 
 a view to the good of the commonwealth, and you should 
 lay aside those 'disputes which agitated former assemblies. 
 Secondly, you must all of you co-operate with zeal and 
 unanimity in executing the decrees which you pass ; for to 
 
 z2 
 
340 THE EPISTLES OF DEMOSTHENES. 
 
 do nothing at all, or do nothing with an honest purpose, is 
 not only ignoble and unworthy of yourselves, but is attended 
 also with the greatest danger. And you must not forget 
 another thing, which, though not sufficient of itself to win 
 success, yet, when added to warlike power, will make every 
 conquest much more easy to you. What do I mean 1 That 
 you must cherish no bitterness and bear no grudge against 
 any of the Greek cities or any of their members who have sup- 
 ported the existing state of things. For the fear of such a 
 thing will cause those who see themselves in danger from 
 their connexion with the conspirators, to be their zealous de- 
 fenders ; whereas, if such fear be removed, they will all be 
 milder in their feelings, and this will be of the greatest 
 service. To proclaim such a policy in every city of Greece 
 would be folly, or rather would be an impossibility; but, as 
 you are seen to treat your own fellow-citizens, so will it be 
 expected that you mean to deal with other people. I say 
 that no one must cast any blame or reproach upon any city, 
 or any general or orator or private individual, who has been 
 known heretofore to support the existing state of things. 
 You must concede that all who have been concerned in state 
 affairs have done what became them, since the gods happily 
 have preserved the state, and restored to you the power of 
 independent action ; and you must look upon it, as if you 
 were in a ship, and some advised to navigate her with the 
 sail, some with oars, that everything is counselled by both 
 parties for a salutary purpose, but the issue depends upon 
 accidents sent by the gods. If you judge of the past in this 
 manner, Athenians, you will induce all people to place con- 
 fidence in you, and will act the part of honourable and good 
 men ; you will also effectually promote the objects you have 
 in view, and cause either all your opponents in the Greek 
 states to change their policy, or a few who are the most 
 guilty to be left in the lurch. 
 
 I pray you then to act in this magnanimous and generous 
 spirit, promoting the common welfare of all, while you 
 neglect not your own. I, who thus exhort you, have not 
 myself met with the like liberality from certain persons, but 
 have been unjustly and factiously sacrificed for the gratifica- 
 tion of a cabal. However, I neither choose to indulge my 
 private resentment at the expense of the public interests, nor 
 
CONCERNING CONCORD. 341 
 
 I in any way mix up my private quarrels with the 
 public interests, but, whatever I recommend others to do, I 
 will set the example of doing myself, as it becomes me. 
 
 The means to be taken to prepare yourselves, the perils to 
 be avoided, the measures which, according to all human cal- 
 culation, will most tend to ensure success, I have stated as 
 nearly as I could. How to carry on affairs day after day, 
 how to take advantage of sudden events, how to discern 
 every moment of action, how to know what is possible to be 
 gained by persuasion, and what requires the exertion of 
 force, all this will be the business of the generals in com- 
 mand. Therefore the duty of an adviser is exceedingly dim- 
 cult ; for measures which have been rightly chosen and most 
 anxiously weighed and considered are often ruined by the 
 mismanagement of those who are appointed to execute them. 
 Now however I trust that all will go well If anyone ima- 
 gines that Alexander has been a fortunate man in obtaining 
 uniform success, let him remember that that prince obtained 
 his good fortune by labour and activity and boldness, not by 
 sitting still. Now that he is dead, fortune is looking out for 
 people to attach herself to. You ought to be those people. 
 See that the leaders whom you give to your troops, and to 
 whom you must necessarily entrust the execution of your 
 plans, be as well disposed to you as possible. Whatever each 
 individual among you is able and willing to do, let him 
 resolve in his own mind to do it ; and don't let him break 
 his resolution, or shrink and fall back, under the pretence 
 that he has been deceived or misled by undue influence. 
 Kemember, you will not find people to make up your failures 
 and deficiencies. Nor is there the same danger in a frequent 
 ohange of plans where you have it in your own power to act 
 as you please, as there is when you are engaged in war ; for 
 a change of purpose in the latter case is defeat. Avoid then 
 anything of this kind. Resolve only on such measures as you 
 have the spirit to execute promptly and bravely ; and, when 
 you have once passed a resolution, invoke Dodonsean Jupiter 
 and the other gods, who have returned you so many true and 
 favourable and glorious oracles; call them to your aid, and 
 act under their auspices ; and vowing to them the first fruits 
 of victory, proceed with happy fortune to liberate the Greeks. 
 Fare ye well. 
 
342 THE EPISTLES OP DEMOSTHENES. 
 
 EPISTLE II. 
 CONCERNING HIS OWN RETURN. 
 
 Demosthenes to the council and people sends greeting. 
 
 I EXPECTED from the character of my statesmanship, not 
 only that I should not be involved in such a calamity with- 
 out being guilty of any crime, but that, even if I had com- 
 mitted some slight offence, I should obtain pardon. Since it 
 has turned out as it has, mark the course I have taken. 
 Whilst I saw you, without any clear proof or evidence given 
 on the part of the council, passing sentence of conviction in 
 pursuance of their secret information, I determined to keep 
 myself quiet, considering that you were surrendering your 
 own rights and privileges as much as I was deprived of mine \ 
 for, when sworn jurors accepted the bare assertions of the 
 council without any proof being offered, this was a surrender- 
 ing of the constitution. Since however, as good fortune will 
 have it, you have opened your eyes to the arbitrary power 
 which certain members of the council were endeavouring to 
 secure to themselves, and you now decide causes according to 
 evidence, and have discovered that the secret whisperings of 
 these men are highly censurable, I think that, with your per- 
 mission, I may fairly ask to obtain the same relief as those 
 who have suffered under the same accusations, and not to be 
 the only man who by false accusation is deprived of his 
 country and his property and the society of his friends and 
 relations. 
 
 You ought indeed, men of Athens, to be anxious for my 
 restitution, not only because I have been cruelly treated 
 without in any way deserving it at your hands, but for the 
 sake of your own character among other people. For you 
 must not suppose, because no one reminds you of the times 
 and occasions when I rendered the greatest services to the 
 state, that the rest of the Greeks are ignorant of these, or 
 have forgotten what I have done for you. I am, for two 
 reasons, reluctant now to enumerate these services ; first, 
 for fear of envy, against which it is of no use to speak the 
 truth, and secondly, because we are compelled now, through 
 the cowardice of the rest of the Greeks, to do many things 
 
CONCERNING HIS OWN RETURN. 343 
 
 that are unworthy of my former exertions. I may say 
 briefly, however, the acts by which I showed my zeal in your 
 behalf were of such a nature, that you were admired and en- 
 vied for them by all men, and I had hopes of receiving the 
 greatest rewards from you. When cruel and relentless for- 
 tune decided the battle, which you fought for Hellenic free- 
 dom ; not as was just, but according to her own arbitrary 
 will, even after that I never renounced my devotion to you, 
 nor bartered it for anything else, neither for favour, nor 
 hopes, nor wealth, nor power, nor safety ; though I saw that 
 all these advantages were to be had by those who by their 
 politics would act against you. Among many important 
 things, however, upon which I may justly pride myself, there 
 is one which I have always deemed the most important, and 
 this I will not hesitate to mention to you ; namely, that 
 whereas in the memory of man there has never existed any 
 one with so remarkable a talent as Philip, for winning 
 people's hearts and gaining them over to him by his social 
 powers, and for corrupting by bribes the leading statesmen of 
 the Greek cities, I alone was found proof against such in- 
 fluences, (a thing no less honourable to you than to myself,) 
 though I frequently came in contact with Philip, and dis- 
 coursed with him as your ambassador, and I declined divers 
 offers of money which he made to me, as many persons who 
 are yet living can testify. What opinion must these persons 
 have of you 1 Only consider. That you should have treated 
 in such a way a man of my character, is no disgrace, though 
 it is a calamity, to me ; but to you it cannot fail to be a 
 matter of reproach, which you will clear yourselves from by 
 reversing your judgment. 
 
 All however that I have mentioned I regard as of minor 
 importance, compared with the general course of my political 
 life, in which my principle and my practice has always 
 been, never to lend support to any feud or faction or any 
 unjust encroachment either of a public or a private nature ; 
 never to take vexatious proceedings against any man, whether 
 citizen or alien ; not to exercise my oratorical talents for my 
 own private advantage against you, but to be at my post as a 
 statesman on your behalf, whenever my assistance was needed. 
 The elder among you will remember, and should injustice men- 
 tion to their juniors, the assembly in which you met to hear 
 
344 THE EPISTLES OP DEMOSTHENES. 
 
 Python of Byzantium, when he came here with ambassadors 
 from the Greeks, to prove that our state had been guilty of 
 injustice ; but he went back with a different tale, after I, 
 I alone of all your orators, had defended you against his 
 calumnies. I pass by the various embassies which I con- 
 ducted for you, and in none of which you ever sustained any 
 disadvantage. For my measures, Athenians, were de- 
 signed, not to enable you to vanquish one another, not to 
 sharpen the weapons of the commonwealth against itself, but 
 to acquire renown for you as a noble and magnanimous 
 people. These are the things which all of you, and espe- 
 cially the young, should regard with admiration- You 
 should not look only for a man who in all his political acts 
 will minister to your pleasure, (such persons you will never 
 have any difficulty in finding) ; you should look also for one 
 who in a friendly spirit will reprove you for your ignorance. 
 
 I omit many things besides, for which another man, 
 without any other merits, might reasonably have expected to 
 obtain your mercy I mean choragic and trierarchal services, 
 and voluntary presents of money on all occasions ; upon which 
 it will appear that I was not only myself the first to come 
 forward, but that I exhorted others to do the same. Con- 
 sider, men of Athens, how little all these things deserve the 
 calamity which has fallen upon me now. 
 
 Countless as are the troubles which surround me, I am at 
 a loss which first to deplore whether the advanced age at 
 which I am compelled for the first time in my life, and 
 without having in the least deserved it, to seek a perilous 
 exile or the disgrace of having been found guilty and con- 
 demned without proof or evidence or the high hopes from 
 which I have fallen into a depth of misery, which should have 
 been the lot of others rather than mine. For it cannot be 
 shown that I was ever one of the friends of Harpalus, or that 
 I deserved to be punished for any previous political acts, or 
 for anything that was proved at my trial. Of all the decrees 
 that were framed in the affair of Harpalus, it is only those 
 got up by me which have cleared the state of blame. From 
 all this it is evident, that I have suffered not for any crime 
 of my own, but through the circumstances of the time ; I 
 have unjustly been the victim of that resentment which falls 
 upon all parties accused, because I was the first who was 
 
CONCERNING HIS OWN RETURN. 345 
 
 brought to trial. For which of the arguments that have 
 saved those tried after me was not urged by me ? What proof 
 did the council bring against me ? What proof could they 
 bring now ? There is none ; for no one can make a fact out of 
 that which never took place. However, I will drop this subject, 
 though I cowld enlarge upon it if I liked ; for I have learned 
 by experience, that the consciousness of innocence is of little 
 use to save a man, while it bitterly augments his suffering. 
 Since, as I am happy to learn, you have become reconciled to 
 all the accused parties, be reconciled also to me, Athenians. 
 For I have never injured any one of you, as all the gods and 
 heroes can testify ; as all bygone time can bear witness ; to 
 which you ought much rather to give credence than to the 
 unsupported charge which has lately been brought against 
 me. And T may fairly add, that of those who have suffered | 
 by this calumny, you will find me to be neither the vilest nor 
 the least trustworthy. 
 
 Neither ought my leaving the country to be a. cause of 
 displeasure. For I did not remove because I had despaired 
 of you, or because I looked to any other quarter for safety ; 
 but in the first place, because I deeply reflected upon the 
 disgrace of imprisonment, and in the next place, because 
 on account of my age I was not able to endure the bodily 
 pains and privations attending it. Besides, I did not suppose 
 you to be unwilling that I should escape an ignominious 
 punishment, which would destroy me without benefiting 
 you. Further, you have many indications, that I was 
 devoted to no other people, but to you alone. I did not go 
 to a city in which I was likely to play a conspicuous part 
 myself ; but to one where I knew that my ancestors had taken 
 refuge, when the peril of the Persian war fell upon them, and 
 in which I was sure there were the most friendly feelings to 
 Athens. That city is Troazen, to which my first prayer is 
 that all the gods may be kind, on account of her good will to 
 you and her kindness to me ; and my second prayer, that I 
 may be able to show my gratitude when I have obtained my 
 deliverance from you. When some persons in this city, in 
 order to gratify me, began to condemn your ignorance in 
 regard to my case, I spoke on the matter with all becoming 
 reserve ; and for this I flatter myself I am entitled to ad- 
 miration and honour from my country. Seeing that, with 
 
346 THE EPISTLES OP DEMOSTHENES. 
 
 all the good intentions of the Trcezenians, their present power 
 was insignificant, I changed my abode, and have placed 
 myself in the sanctuary of Neptune in Calauria, not only for 
 the sake of that protection which I thought the god might 
 afford me (about that I am not sure ; for a person in peril 
 has but a scanty and precarious security against arbitrary 
 power) but also because from that island I have every day a 
 sight of my country, for which I feel an affection as great as 
 I could wish you to feel towards me. 
 
 That I may not any longer be oppressed by these miseries, 
 Athenians, decree me that relief which you have already 
 decreed for some others, so that I may neither suffer aught 
 which would be disgraceful to Athens, nor be forced to be a 
 suppliant of others ; for that would not be to your credit. 
 If reconciliation with you were impossible, it would be better 
 for me to die. This is my feeling : you have no reason to 
 doubt it, or regard it as an idle boast : for I made you the ar- 
 biters of my destiny, and did not shun my trial, that I might 
 not abandon the truth, or withdraw myself from your power, 
 but allow you to do what you pleased with me : I thought it 
 right that a people, from whose bounty I had received so 
 much, should be permitted even to do me injustice if they 
 liked. Since righteous fortune, however, prevailing over 
 unrighteous fortune, by your not having taken any fatal 
 step against me, has given you the opportunity to reconsider 
 your judgment, deliver me, I pray you, Athenians, and pass 
 a vote that shall be worthy both of me and of yourselves. You 
 will find nothing to blame in any part of my conduct ; you 
 will find that I do not deserve to be disfranchised or to be 
 ruined, but, on the contrary, that my goodwill to the people 
 of Athens has been as warm as any man's (to say nothing 
 invidious) ; and that I have accomplished more than any 
 man living for your good, and given the strongest proofs of 
 my affection to you. 
 
 Don't let any of you imagine, Athenians, that it is from 
 pusillanimity or any other base motive that I fill my letter 
 with complaints. All men occupy themselves with what is 
 before them, and what I have before me now, (alas, that I 
 should have lived to see it !) is grief, and tears, and longing for 
 my country and you, and the thought of what I have suffered; 
 all which causes me to lament and complain. If you look at 
 
CONCERNING THE SON& OF LYCURGUS. 347 
 
 the matter fairly, you will not find that in any part of my 
 career as a statesman I exhibited pusillanimity or weakness. 
 
 Thus far I address myself to all of you. To those who are 
 at enmity with me I have something special to say in your 
 presence. What they did in subservience to your ignorance 
 I will allow to have been done on your account, and make no 
 complaint against them. Since you however have acknow- 
 ledged your error, they will do well to make the same 
 concession to me which they allow in the case of others : 
 should they pursue me with their malevolence, I entreat you 
 all to come to my help, and not to let the hatred of these 
 men prevail over your kindness. Fare ye well. 
 
 EPISTLE III. 
 
 CONCERNING THE SONS OP LYCURGUS. 
 
 Demosthenes to the council and people sends greeting. 
 
 IN my former letter I wrote to you on the subject of my own 
 affairs, and stated what I thought you were bound to do for 
 me ; to which in due time perhaps you will consent. I trust 
 also you will not overlook the matter upon which I have 
 written to you now, and have regard not to party feeling, 
 but to justice. For it so happens, that, although I am living 
 at a distance from you, I hear many people blaming you for 
 the manner in which you are treating the sons of Lycurgus. 
 I should have sent you this letter, if it were only for what their 
 father had done in his lifetime, for which you, no less than 
 myself, ought to show your gratitude, if you mean to do what 
 is right. Lycurgus, having in the beginning of his career 
 applied himself to the financial department of the government, 
 was not accustomed to prepare measures concerning the 
 affairs of your allies or those of the Greeks in general : but, 
 when most of those who pretended to be the friends of 
 democracy had deserted you, he then attached himself to the 
 popular side in politics, not because it afforded him the means 
 of getting profit or reward (such things were got rather from 
 the other side) nor because he saw that democratic principles 
 were the safer (on the contrary, they were attended with 
 
348 THE EPISTLES OF DEMOSTHENES. 
 
 many obvious dangers, which every one undertaking to speak 
 and act for the people was forced to encounter) but simply 
 because he was a man friendly to the people, and honest by 
 nature. Being on the spot, he saw that those who were 
 inclined to take the popular side were almost helpless after 
 what had occurred, while their adversaries were in every 
 respect strong and powerful j notwithstanding which, he 
 adhered to that course which he thought was for the people's 
 good, and continued to perform his duty openly and fear- 
 lessly, both in word and deed ; for which, as all men know, 
 he was demanded from you by the enemy. 
 
 I should have written this letter, as I stated in the begin- 
 ning, for the sake of Lycurgus only : at the same time I con- 
 sidered it desirable for you to know the blame that was cast 
 upon you by foreigners, and I had a stronger inducement to 
 send the letter on that account. I beg of those who are 
 hostile to him from any private motives to hear patiently 
 what truth and justice can urge on his behalf. Be assured, 
 Athenians, that the reputation of your commonwealth 
 suffers from what you have done to the children of Lycurgus. 
 For not one of the Greeks is ignorant that you honoured 
 Lycurgus in his lifetime to excess, and, although many 
 charges were preferred by envious persons against him, you 
 never found any of them to be true, and you had such confi- 
 dence in him, and believed him to be so eminently a friend of 
 the constitution, that you decided many questions in courts 
 of justice upon the single affirmation of Lycurgus ; that was 
 sufficient for you, and it would not have been, had you not 
 had such opinion of him. Therefore all men now, hearing 
 that his sons have been thrown into prison, pity the deceased 
 father, sympathise with his children, as being unworthily 
 treated, and reproach you in bitter terms, which I should 
 not venture to repeat. I am annoyed to hear these things, 
 and contradict them and take your part as far as I can : 
 and I mention them only thus ar, to apprize you that you 
 incur general blame ; for I think it is to your advantage to 
 know it; but it would be very painful to report all the 
 scandal circumstantially. I shall communicate to you so 
 much of what certain people say as is not abusive, and as I 
 think it good for you to hear. No one believes that you 
 labour under any ignorance or delusion as to the truth of 
 
CONCERNING THE SONS OP LYCUBGUS. 349 
 
 what concerns Lycurgus himself. The length of time during 
 which his character was subjected to your scrutiny, and he 
 was never found to have done you any wrong either in 
 thought or deed this, and the fact that no one ever suspected 
 you of a lack of acuteness in other matters, naturally destroy 
 the excuse of ignorance. 
 
 There remains then nothing else but what would be uni- 
 versally pronounced to be the characteristic of a base people, 
 namely, that you appear only to care for a man so long as 
 you can make use of him, and after that you trouble your- 
 selves about him no longer. For in what other way can you 
 be expected to show gratitude to a deceased man, when you 
 are seen to show unkindness to him in relation to his children 
 and his good name, the only things for which all men, even 
 on their deathbed, are anxious to make honourable provision 1 
 It becomes not good and virtuous men to appear to act thus 
 from pecuniary motives. It would not be consistent with 
 your magnanimity, or with the general principles of -your 
 conduct. If you were called upon to ransom these youths 
 from other people by a sum of money raised out of your 
 revenue, I believe you would be all ready to do it : when I 
 see you therefore reluctant to forgive a penalty, which has 
 been imposed confessedly from motives of envy, I know not 
 what else I can believe, except that you have taken up some 
 bitter and violent prejudice against the friends of democracy. 
 If this be so, you are adopting a course which is neither 
 proper nor useful to yourselves, Athenians. 
 
 I wonder none of you consider, that it would be a dis- 
 graceful thing, if the people of Athens, who are thought to 
 excel all men in understanding and education, whose country 
 has ever been a common place of refuge for the unfortunate, 
 should now appear to be less merciful than Philip, who pro- 
 bably being ill instructed, and bred up without any restraint 
 or discipline, thought proper at the time of his greatest success 
 to display a spirit of humanity, and could not bring himself 
 to declare that he made inquiries about his enemies in the 
 field, with whom he had had a mortal struggle, and learned 
 who they were and to whom they belonged : for he did not, 
 (it seems,) think, as some of your orators do, that it is just 
 or proper to treat all in the same way, but took merit into 
 account in deciding such matters. You however, though you 
 
350 THE EPISTLES OP DEMOSTHENES. 
 
 axe Athenians and have received education, which, according 
 to the common opinion, can make even stupid people en- 
 durable, have, in the first place, done a thing of the most 
 unreasonable kind, in imprisoning the sons for the alleged 
 crime of the father, and, in the next place, you represent this 
 proceeding to be the same as if you were trying equality of 
 weights and measures, not as if you were judging the political 
 acts and principles of men ; upon which inquiry should it 
 appear that the acts of Lycurgus have been honest and con- 
 stitutional and dictated by good will to you, his children 
 ought to be requited by you not with evil, but with every 
 possible good ; or, should the contrary appear, though he 
 would have deserved to be punished in his lifetime, his 
 children ought not to incur displeasure for his faults; for 
 death is the end of all offences to all men. If these are your 
 principles, that, while the enemies of constitutional statesmen 
 will not be reconciled to them even after their death, but 
 continue to be hostile even to their children, you yourselves, 
 in whose cause every friend of democracy struggles, will be 
 grateful only while you can make use of him, and afterwards 
 have.no further regard for him if these, I say, are your 
 principles, nothing will be more wretched than to espouse 
 the side of the people. 
 
 If Moerocles answers, that this mode of reasoning is too 
 subtle for him, and that he put the sons of Lycurgus in 
 prison to prevent their running away, ask him why, when 
 Taureas and Patsecus and Aristogiton and himself were con- 
 demned to imprisonment, and, instead of going to prison, 
 continued even to speak in public, he never saw the justice 
 of this argument. If he says that he was not then in office, 
 at all events by the laws he ought not to have spoken. But 
 how can it be equitable or constitutional, that some persons 
 should hold office, who are not entitled even to speak, while 
 others are cast into prison, whose father conferred valuable 
 services on the state 1 I myself cannot understand, unless 
 you wish publicly to announce, that brutality and impudence 
 and profligacy have power in the commonwealth, and a 
 better chance of safety and success, and that persons of such 
 a character, even when they get into a scrape, have the means 
 of getting out of it, while it is a perilous thing to live a life 
 of good principles and to be an honest man and a friend of 
 
CONCERNING THE SONS OF LYCURGUS. 351 
 
 the people, and, in the event of any plunder being committed, 
 it affords no chance of safety. 
 
 That it is unjust to hold a different opinion of Lycurgus 
 from that which you held of him in his lifetime, and that it 
 is just to have more regard to those who are gone than to 
 those who are present j these and the like remarks I will pass 
 by ; for I believe their truth will be acknowledged by all 
 men : but I should be glad to see you remember in how 
 many other cases you have been grateful to t-he children for 
 the good deeds of the fathers, as, for example, to the descen- 
 dants of Aristides and Thrasybulus and Archinus and many 
 others. I have not brought these cases forward by way of 
 reproach. So far am I from intending this, that I think 
 such conduct most beneficial to the state ; for you thereby 
 invite all men to be the friends of the people, when they see 
 that, though in their own lifetime envy may prevent their 
 obtaining the honours which they deserve, at all events their 
 children will get from you what they are entitled to. Would 
 it not be absurd, or rather would it not be disgraceful, when 
 for some other of your countrymen, notwithstanding the re- 
 moteness of the time when their services were rendered, and 
 though what you know of those services is from hearsay and 
 not from your own eyesight, you preserve the regard which 
 is their due, that to Lycurgus, who is but just dead and who 
 has but lately ceased to administer your affairs, you have not 
 shown that mercy and humanity which you have been ready 
 to show in former times even to fools and knaves who have 
 wronged you ? And your vengeance too has fallen upon his 
 children, for whom even an enemy, if he were considerate and 
 reasonable, would have compassion. 
 
 I wonder also whether any one of you is ignorant, that it 
 is not good for your state, to make it known, that those who 
 have cultivated any other friendship, in case of success, get 
 every possible advantage, and, in case of any miscarriage, are 
 able to extricate themselves from it without difficulty, while 
 those who place their dependence upon the people are not 
 only worse off in every other respect, but are the only persons 
 whose misfortunes are permanent. That this is the case, it 
 is easy to show. Which of you does not know, that Laches, 
 the son of Melanopus, was convicted in the court of law, as 
 the sons of Lycurgus have been now, but the whole debt was 
 
352 THE EPISTLES OF DEMOSTHENES. 
 
 forgiven him at the written request of Alexander 1 ? And 
 again, Mnesibulus of Acharnae was convicted in the same 
 manner, the court having passed sentence upon him as it did 
 upon the sons of Lycurgus ; yet he, I am happy to say, was 
 released. The man deserved your clemency, I am aware ; 
 and none of those who now cry out would have said that the 
 laws were overthrown by it ; strange if they had : the laws 
 were not overthrown; for all the laws are enacted for the 
 sake of justice and the preservation of honest men, and it is 
 not right either that the calamities of the unfortunate should 
 endure for ever, or that you should appear to be ungrateful. 
 If indeed my views upon this subject are in accordance with 
 your interests, not only did you not overthrow the laws when 
 you released those men, but you saved the lives of those who 
 enacted the laws when you released Laches to please Alex- 
 ander, who had requested you, and when you pardoned 
 Mnesibulus on account of his high moral character. Do not 
 then give it out by your conduct, that it is more profitable 
 for a man to acquire a foreign friendship, than to place his 
 trust in the people, or that it is better to attach himself to 
 strangers than to be known as a person of democratic politics. 
 It is impossible for a counsellor and a statesman to please 
 everybody ; but, whoever takes the popular side and acts 
 from good-will to the people, deserves your succour and 
 support. If you refuse it, you will teach all men to pay 
 their court to others, not to yourselves, and to shun the ap- 
 pearance of doing anything for the good of the people. In 
 short, men of Athens, it will be a disgrace to your whole 
 community, and a calamity to the whole state, if the notion 
 prevails that envy has more influence with you than grati- 
 tude for services, when envy too is a disease, and gratitude is 
 a thing acceptable to the gods. 
 
 Nor will I omit to mention Pytheas, who was a friend of 
 the people until he began his political career, and after that 
 was ready to do everything against you. Who does not 
 know that this man, when he came forward on the popular 
 side and began his political life, was persecuted as a slave, 
 and indicted for usurpation of citizenship, and nearly sold 
 into elavery by those men in whose service he wrote the 
 attacks upon me ; but, since he has himself begun those 
 practices for which he formerly accused others, he has grown 
 
CONCERNING THE SONS OF LYCURGUS. 353 
 
 wealthy enough to keep two mistresses, who have happily 
 brought him on his way as far as consumption, and, when he 
 incurred a fine of five talents, he paid it more easily than he 
 could have borne to pay five drachms before, and besides 
 this, he has not only received from you, the people of Athens, 
 your political franchise, which is a disgrace to the whole 
 community, but he performs the ancient sacrifices of the 
 country on your behalf at Delphi ? 
 
 When examples of so striking a nature are before the eyes 
 of all men, showing how unprofitable it is to espouse the 
 democratic side in politics, I am afraid you will soon be des- 
 titute of persons to speak in your behalf, especially when 
 some of your partisans have been taken away from you by 
 destiny or fortune or lapse of time, as, for example, Nausicles 
 and Chares and Diotimus and Menestheus and Eudoxus, and 
 again, Eudicus and Ephialtes and Lycurgus ; some you cast 
 away, as Charidemus and Philocles and me, whom even you 
 yourselves must regard as the most devoted of your friends, 
 though I will not quarrel with you if you think that some 
 others are equally so. Glad should I be if you had an abun- 
 dance of such men, would you but deal fairly by them and 
 not let them suffer what I have suffered. When however 
 you publish to the world such examples as these, what man 
 can honestly desire to join the democratic party ? You will 
 find plenty of persons who pretend to do so, as you have 
 found before. I hope I may not live to see them unmasked, 
 as those men have been, who now openly assert political 
 principles which they once repudiated, and neither care for 
 you nor fear your displeasure. You should weigh these 
 things in your minds, Athenians, and neither neglect your 
 true friends, nor be swayed by those who are urging the 
 commonwealth to severity and cruelty. Your present, affairs 
 require good-will and humanity much rather than faction 
 and malice, which certain persons are pushing to excess, 
 while they work as hirelings against you in the expectation 
 of new troubles, as to which I trust they will be disappointed 
 in their reckoning. Any one who attempts to ridicule these 
 warnings of mine must be very simple indeed. For if, when 
 he sees events having occurred which no mortal could have 
 expected, he doubts the recurrence of what has happened 
 before when the people were set against their defenders by 
 
 VOL. v. A A 
 
354: THE EPISTLES OF DEMOSTHENES. 
 
 men employed for the purpose, what else can he be but 
 infatuated ? 
 
 Had I been at home, I should have explained these things 
 to you by word of mouth : since I am in that situation, in 
 which I wish they were placed who have slandered me to 
 you and caused my ruin, I have sent my advice by letter. 
 In so doing, my first and principal object has been your 
 honour and advantage ; and secondly, my feeling is, that I 
 ought to show to the sons of Lycurgus the same good-will 
 which I ever had for their father in his lifetime. Should it 
 occur to any one, that I have plenty of time to spare from 
 my own business, I will not hesitate to reply to him, that I 
 am as anxious to promote your welfare and not to desert my 
 friends as to achieve my own deliverance. I do not write to 
 while away the time, but I undertake both the one business 
 and the other in the same spirit and with the same motive 
 and desire. If I have plenty of anything, it is that which 
 I wish a plentiful supply of to my enemies. But of this 
 enough. 
 
 Permit me however now to make my complaint to you in 
 a kind and friendly spirit, and in a few words : you shall 
 hear it soon more fully in a letter, which expect to receive if 
 I live, unless I get my rights from you before. Oh you 
 (what can I call you without being either offensive or un- 
 truthful?) thoughtless men, who had so little respect 
 either for others or yourselves, that you banished Demosthenes 
 upon a charge on which you released Aristogiton, and refused 
 me that, which men who dare to set you at defiance may get 
 without your leave ! I asked the boon, that, if possible, by 
 collecting the debts that were owing to me and raising con- 
 tributions among my friends, I might settle with you, and 
 not be seen going about in a foreign land, with old age and 
 exile as the only reward of my labours in your behalf, which 
 would be the common reproach of those who have wronged 
 me. I wished that my return home should be the act of 
 your gratitude and magnanimity, and that I might free my- 
 self from the calumny which has been unjustly cast upon me ; 
 I only asked protection for such time as you have given me 
 for payment, but this you do not concede, and you ask, as is 
 reported to me " who prevents his coming to Athens and 
 obtaining this ? " I reply, men of Athens, my own sense of 
 
CONCERNING THE SONS OF LYCURGUS. 355 
 
 shame prevents me, and the unworthy requital which I have 
 received for my political services, and my having lost my 
 property through those men, by whom, that they might not 
 have to pay twice over what they were unable to pay once, 
 I was persuaded to become their surety before the magistrate ; 
 from whom, if I return home with your kind permission, I 
 may recover a part, if not the whole, so as to escape dis- 
 honour for the remainder of my life ; but, should I return in 
 the way that my informants advise, I shall be oppressed at 
 the same time with shame and distress and fear. 
 
 You take none of these things into your consideration, 
 
 Athenians, but grudge me even a few words of kindness, 
 and perchance you will suffer me to perish by your neglect ; 
 for I shall not ask aid of any people but you. And then, 
 
 1 am sure, you will say that I have been hardly treated, 
 when it will be no use either to me or to yourselves. For 
 assuredly you do not expect that I have any property, except 
 what is visible, and that I give up to you. The debts owing 
 to me I wish to collect, if in a liberal and humane spirit you 
 will make it safe for me to do so. You cannot show that I 
 received money from Harpalus ; for I was not convicted, and 
 I received nothing. If you look at the secret resolution of 
 the council or the Areopagus, remember the trial of Aristo- 
 giton, and hide your heads for very shame. I can have no 
 milder terms for those who have sinned against me so 
 grievously. For surely, when Aristogiton was accused by the 
 council on the same grounds as myself, you cannot say that 
 it was just for him to be acquitted and me to be destroyed. 
 You are not so devoid of reason as that. I deserve not such 
 a sentence; I am not a fit subject for it; I am no worse than 
 he was, though I confess I am unfortunate, owing to you. 
 Unfortunate I must be, when, in addition to other calamities, 
 I have to compare myself with Aristogiton, and (what is 
 worse) I being a lost man, and he having obtained deli- 
 verance. 
 
 Do not suppose that I am expressing anger in these words. 
 I can have no such feelings towards you : but it affords some 
 relief to injured persons to talk about their sufferings, as it 
 does to persons in pain to groan ; and assuredly I have the 
 same affection to you as I would wish you to have for me, 
 This in all my acts I have clearly shown and will show. For 
 
356 THE EPISTLES OP DEMOSTHENES. 
 
 it has been always my opinion, that every statesman ought, 
 if he be a good citizen, to have the same regard for his 
 fellow-citizens as a child has for his parents ; he should pray 
 that they may be as kind to him as possible, but he should 
 take them as he finds them, and bear with their humours. 
 A defeat in such matters is a creditable and noble victory in 
 the judgment of the wise. - Fare ye well. 
 
 EPISTLE IV. 
 
 IN REPLY TO THE CALUMNIES OF THERAMENES. 
 
 Demosthenes to tlie council and people sends greeting. 
 
 I HEAR that Theramenes, among other calumnies which he 
 has been spreading about me, reproaches me with being 
 unfortunate. That he should be ignorant, that abuse, which 
 shows no evil in the person whom it assails, has no effect 
 whatever with sensible people, I am not surprised. For if a 
 man reckless in his mode of life, an alien by birth, and bred 
 from his childhood in a brothel, had any understanding of 
 this sort, it would be more extraordinary than if he had no 
 knowledge at all. With him, if I ever return home and get 
 my pardon, I will endeavour to converse on the subject of 
 his outrageous conduct towards you and myself, and I think, 
 though he has not much shame in him, I shall be able to 
 teach him moderation. To you however I wish, for the sake 
 of the public good, to explain by letter my views upon this 
 subject. I entreat your patient attention to them; for I 
 think they are worthy not to be heard only, but to be kept 
 in remembrance. 
 
 I regard your commonwealth, Athenians, as being of all 
 the most fortunate and the best beloved by the gods, and 
 I know that Dodonsean Jupiter and Dione and the Pythian 
 Apollo have ever declared this in their oracles, and put their 
 seal to the fact, that good fortune afaides in the state with 
 you. It is plain that, whatever the gods disclose about 
 coming events, is a prophecy ; the expressions which they 
 derive from past events they apply to what has taken place. 
 But my political acts at Athens belong to the past, from 
 which the gods have pronounced you to be fortunate. How 
 
IN REPLY TO THE CALUMNIES OF THERAMENES. 357 
 
 then can it be just that the followers of advice should be called 
 fortunate, while he that gave the advice receives the contrary 
 appellation? unless perhaps in this way; that the general 
 good fortune, which attended my advice, is declared by the 
 gods, who cannot lie, whereas the slanderous expression, 
 which Theramenes applies to me individually, is uttered by 
 an audacious and impudent and senseless man. 
 
 And you will not only find that your fortune has been 
 declared to be good by the divine oracles, but you will see 
 that it must be so by the facts themselves, if you rightly 
 examine them. For, if you look as human beings upon the 
 events which have occurred, you will find that the state has 
 been most fortunate by adopting the measures which I ad- 
 vised ; and, if you expect to obtain what is reserved for the 
 gods alone, you aim at an impossibility. What is that which 
 is reserved for the gods, and impossible for mortals 1 To get 
 everything that is good, to be able to enjoy it themselves and 
 give it to others, and never to suffer or be liable to suffer 
 any mishap in the whole of their lives. Starting from these 
 principles, as you ought to do, compare your own position 
 with that of other people. There is no one so foolish as to 
 assert that what has befallen the Lacedaemonians, whom I 
 did not advise, or what has befallen the Persians, whose 
 country I never visited, is preferable to the state of things 
 among you. I pass by the Cappadocians and the Syrians 
 and the people who dwell in the Indian country, the remotest 
 district of the earth : all of whom have suffered the most 
 grievous and dreadful calamities. But perhaps, though it is 
 generally admitted that you fare better than those people, 
 you fare worse than the Thessalians and Argives and Arca- 
 dians, or some others, who have been in alliance with Philip. 
 No. You have come off much better than these nations, not 
 only by having escaped servitude, (and what misery can 
 equal that?) but because, while they are all charged with 
 having caused the misfortunes of the Greeks through Philip 
 and their submission to him, and are justly execrated on 
 that account, you are known to have struggled in the defence 
 of the Greeks, and in their cause to have staked your lives, 
 your property, your commonwealth, your country, your all ; 
 in return for which you are entitled to glory and to immortal 
 gratitude from all who desire to do justice. Thus the result 
 
358 THE EPISTLES OF DEMOSTHENES. 
 
 of my counsels has been, that Athens has fared better than 
 any of the states which offered resistance to Philip, and won a 
 higher reputation than those which cooperated with him. 
 
 The gods then on this account give us the favourable oracles 
 which I have referred to, and cause the unjust calumny to 
 fall on the head of him that utters it. This will be clear to 
 any one who likes to examine his way of life. For he does 
 by choice what one pronouncing a curse upon him would 
 wish. He is an enemy to his parents, and a friend of Pausa- 
 nias the brothel-keeper. He brags like a man, and suffers 
 like a woman : he crows over his father, and yields sub- 
 mission to scoundrels. He plumes himself for that, for which 
 he is abhorred by all men, his indecent language and his 
 mentioning of things that give pain to the hearers ; but he 
 talks away, as if he were a simple person who spoke his 
 mind. I should not have written all this, had I not wished 
 to awake your remembrance of his vicious propensities. For 
 what one is loth to speak of, and what one would avoid 
 writing about, must be disgusting also to hear. The shock- 
 ing depravities of this man you know and remember every 
 one of you by so many proofs, that it has been unnecessary 
 for me to say anything indecorous, and he himself is a visible 
 monument of his own vices to all men. Fare ye well. 
 
 EPISTLE V. 
 
 TO HERACLEODORUS. 
 
 Demosthenes to Heracleodorus sends greeting. 
 I KNOW not how to believe or how to disbelieve what 
 Menecrates has reported to me. He said that Epitimus 
 had had an information laid against him and had been taken 
 to prison by Aratus, and that you were engaged in the pro- 
 secution and were the most violent of his antagonists. I 
 entreat you therefore by Jupiter Xenius and all the gods, 
 not to bring me into an unpleasant and ugly affair. For let 
 me tell you that, besides that I am anxious for the safety of 
 Epitimus, and should think it a great calamity if he were to 
 suffer anything and you were instrumental in bringing it 
 about, I am ashamed to think of the persons who know 
 
TO THE COUNCIL AND PEOPLE OF ATHENS. 359 
 
 what I have been saying about you to everybody, which I 
 said under the persuasion that I was speaking the truth, not 
 from my personal knowledge of you, but seeing that you had 
 gained a reputation and set a value on learning, and more- 
 over that learned in the school of Plato, which is wholly 
 removed from worldly lucre or any craft of that sort, but 
 pursues all its inquiries for the sake of right and justice. 
 By the gods, I think it would be an impious thing for any 
 one who had studied with Plato not to be ever truthful and 
 good to all. Again it would be a most disagreeable thing to 
 me, if, when my own natural impulse had been to be your 
 friend, I found myself compelled to entertain a different 
 feeling, because I had been neglected and deceived ; in which 
 case, be assured, whether I say it or not, it will be so. If 
 you despise me because I am not yet an eminent man, 
 remember that you were once young and of the same age as 
 myself, and have grown to be what you are by taking an 
 active part in public and political life. The same thing may 
 happen to me : for I lack not deliberative wisdom, and with 
 the help of fortune success may attend it. A favour justly 
 conferred is honourable to the giver, and this I ask at your 
 hands. Do not be led or swayed by any of those who are 
 less wise than yourself, but rather lead them to your own 
 opinion, and so manage things that we may not be deprived 
 of anything thai was promised us, but that Epitimus may be 
 freed and delivered from his perils. I will come myself at 
 the time which you think is the most proper. Write to me, 
 or send me a message as you would to a friend. Farewell. 
 
 EPISTLE VI. 
 
 TO 1HE COUNCIL AND PEOPLE OP ATHENS. 
 
 Demosthenes to the council and people sends greeting. 
 
 THERE came a letter from Antiphilus to the convention of 
 the allies, satisactory enough to those who wished to hope 
 for the best, brt containing disagreeable news for the par- 
 tisans of Antipster. They have brought letters from him to 
 Dinarchus, whc has arrived at Corinth, and filled all the 
 people of Pelopnnesus with rumours, for which I trust the 
 
360 
 
 THE EPISTLES OP DEMOSTHENES. 
 
 gods will shower vengeance on their heads. The person who 
 arrives with the bearer of my letter came from Polemaestus 
 to his brother Epinicus, a well-wisher of yours and a friend of 
 mine : he brought him to me, and, when I had heard what 
 he said, I thought it best to send him to you, that you 
 might receive certain information of all that had happened 
 in the camp from one who was present at the battle, and so 
 you might have confidence as regards the present, and feel 
 sure (under favour of the gods) of the accomplishment of 
 your wishes hereafter. Fare ye well. 
 
 THE KND. 
 
 n. CLAY, SON, AND TAYLOR, PRINTERS, BREAD STJEET HILL. 
 
INDEX. 
 
 A. 
 
 ABDERA, famous for the stupid- 
 ity of its inhabitants, i. 223. 
 
 Abydus, ii. 109 ; the inhabit- 
 ants of, always hostile to 
 the Athenians, iii. 216, 227 ; 
 v. 208. 
 
 Acamas, v. 285. 
 
 Acanthus, a seaport in Mace- 
 donia, iv. 181. 
 
 Acarnae, v. 103. 
 
 Adimantus, one of the com- 
 manders at the battle of 
 ^Egospotamos, accused by 
 Conon, ii. 176. 
 
 Adonis, v. 295. 
 
 ^Eacus, ii. 53 ; his wisdom, v. 
 295. 
 
 ^Eantides, of Phlius, iv. 301. 
 
 ^Egeus, v. 284. 
 
 ./Egina, inhabitants of, despised 
 
 - by the Athenians, iii. 231 ; 
 Aristides an exile there, iv. 
 83; v. 163. 
 
 ^gospotamos, defeat of the 
 Athenians at, iii. 231. 
 
 .ZEnians, the inhabitants of 
 JEnus, a town on the sea- 
 coast of Thrace, v. 229, 267. 
 
 ^Eschines, of Cothocidae, son 
 of Atrometus, sent as an 
 ambassador, with five others, 
 
 to Philip, ii. 18 ; indictment 
 of Ctesiphon, ii. 26 ; his 
 parentage and early life, ii. 
 54, 55, 94 ; meeting by 
 night with Anaxinus, a spy 
 of Philip, ii. 57; at first 
 opposed to Philip, ii. 125 ; 
 his speeches in Arcadia, ib. ; 
 his speech against Philo- 
 crates at Athens, ii. 126 ; 
 his speech the next day 
 quite opposite to the former, 
 ib. ; an envoy to Pelopon- 
 nesus, before he was cor- 
 rupted by Philip, ii. 212 ; 
 proposed for Pylsean deputy, 
 ii. 61. 
 
 ^Eschrion, a servant of Timo- 
 theus, v. 119, 121. 
 
 ^schylus adopted Charidenius, 
 the son of Ischomachus, v. 
 227. 
 
 ./Esius, v. 251. 
 
 .ZEsius, brother of Aphobus, 
 
 Aetes, of Ceiriadae, v. 250. 
 iv. 124, 134. 
 
 ^thra, the mother of Acamas, 
 v. 285. 
 
 Agapaeus, an agent of Philip 
 in Oreus, i. 128. 
 
 Agatharcus, a painter, impri- 
 soned by Alcibiades, iii. 114. 
 
362 
 
 INDEX. 
 
 Agathon,an olive-dealer, iv. 68. 
 
 Agathocles, v. 89. 
 
 Agavus, a citizen of Abydus, 
 iii. 227. 
 
 Aglauria, an Athenian festival, 
 iii. 273 (Appendix VI.). 
 
 Aglauros, daughter of Cecrops, 
 temple of, ii. 212. 
 
 Agora, a town in the Thracian 
 Chersonese, i. 98. 
 
 Aghyrrius of Colyttus, iv. 35. 
 
 Ajax, v. 285. 
 
 Alcetas, v. 119, 121. 
 
 Alcibiades, anecdotes of, iii. 
 113; exiled, notwithstand- 
 ing his services to his coun- 
 try, 114; v. 298. 
 
 Alcimachus, an Athenian gene- 
 ral, v. 9198. 
 
 Alcisthenes, anArchon, v. 120, 
 128, 248. 
 
 Alcmseonids, after being exiled, 
 borrowed money at Delphi, 
 and expelled the sons of 
 Pisistratus, iii. 114. 
 
 Alexander, son of Amyntas, 
 an ancestor of Philip, i. 83 
 (note). 
 
 Alexander of Thessaly, iii. 204. 
 
 Alexander, brother of Philip, 
 killed by Apollophanes, i. 
 250; ii. 177. 
 
 Alexander, brother-in-law of 
 Philip, i. 96. 
 
 Alexander the Great brought 
 back to Messene the sons of 
 Philiades, i. 218 ; his march 
 against Thebes, iv. 182. 
 
 Alexander, a pirate ; perhaps 
 the same as Alexander of 
 Thessaly, iii. 217. 
 
 Alope, the mother of Hippo- 
 thoon, v. 285. 
 
 Alopeconnesus, a town of the 
 Thracian Chersonese, ii. 39 ; 
 its situation, iii. 218. 
 
 Aniadocus, a Thracian prince, 
 iii. 171. 
 
 Amazons, army of, defeated by 
 the Athenians, v. 279. 
 
 Ambracia, attack upon it me- 
 ditated by Philip, i. 121, 
 123 ; prevented by Demos- 
 thenes and the other envoys, 
 i. 131. 
 
 Aminias, a general of mercenary 
 soldiers, iv. 275. 
 
 Amphias, the brother-in-law of 
 Cephisopon, v. 48. 
 
 Amphictyons, The, i. 77 (note); 
 ii. 61, 62, 63, 228 (Appendix 
 I). 
 
 Amphipolis, i. 39, 40, 46, 51 ; 
 ceded to Philip, i. 80 ; be- 
 sieged by Philip, iii. 204 ; 
 occupied by his ancestor, 
 Alexander, i. 163; right ot 
 the Athenians acknowledged 
 by Artaxerxes, ii. 159 ; Ti- 
 motheus commander against 
 it, iii. 213. 
 
 Amphissa, ii. 59 ; Amphic- 
 tyonic War against it, ii. 268 
 (Appendix IX.). 
 
 Amyntas, the father of Philip, 
 expelled from his kingdom 
 by the Thessalians, iii. 203. 
 
 Amyntas, a general of Philip, 
 captured twenty vessels of 
 the Athenians, laden with 
 corn, ii. 33. 
 
 Amytheoii, the father of Da- 
 
INDEX. 
 
 363 
 
 mostratus, Callistratus, and 
 Dexitheus, lost his life in 
 Sicily, v. 208. 
 
 Anaxagoras of Clazomense, v. 
 298. 
 
 Anaximenes, a person of foreign 
 extraction, who fraudulent- 
 ly obtained citizenship at 
 Athens, by the influence of 
 Eubulides, v. 213. 
 
 Auaxinus, a spy employed by 
 Philip, ii. 57, 58. 
 
 Androcles, a money-lender of 
 Sphettus, iv. 189. 
 
 Androclides of Acharnse, a 
 witness in the suit against 
 Olyrnpiodorus, v. 103, 104. 
 
 Andromenes, iv. 208. 
 
 Androtion, speech of Demos- 
 thenes against, iii. 138 163 ; 
 iv. 32. 
 
 Anemoetas, a partisan of Philip 
 at Thebes, ii. 107. 
 
 Antalcidas, from whom a peace 
 made with the Lacedaemo- 
 nians, B.C. 387, was named, 
 iii. 20. 
 
 Anthemion, v. 93. 
 
 Anthemocritus, an Athenian 
 envoy, put to death by the 
 Megarians, i. 157. 
 
 Anthemus, a town surrendered 
 by Philip to the Olynthians, 
 i. 85. 
 
 Anthesterion, the eighth month 
 of the Attic year, answering 
 to the end of February and 
 the beginning of March, ii. 
 64 ; v. 260. 
 
 Antia, a prostitute, v. 244. 
 
 Antidorides, a son of Neaera, a 
 
 runner in the foot-races, v. 
 272, 273. 
 
 Antidorus, his estate doubled 
 in six years by the care of 
 his guardians, iv. 108. 
 
 Antigenes, a servant of Nico- 
 bulus, iv. 231. 
 
 Antimachus, treasurer of Tinio- 
 theus, put to death by the 
 popular assembly, and his 
 property confiscated, v. 116. 
 
 Antimachus, son of Archestra- 
 tus, a banker, iv. 215. 
 
 Antiochus, the son of Hercules, 
 v. 285. 
 
 Antipater, a friend and minister 
 of Philip, and father of 
 Cassander, ii. 17 (note), 141 ; 
 v. 359. 
 
 Antipater, a native of Citium 
 in Cyprus, iv. 196. 
 
 Antiphanes of Lampra, v. 117. 
 
 Antiphilus, the father of Eu- 
 bulides, in whose prefecture 
 the heritable register was 
 lost, 205, 214. 
 
 Antiphilus of Pa3ania, a witness 
 in the trial of Midias, iii. 
 101. 
 
 Antiphilus, a person mentioned 
 in the last epistle of Demos- 
 thenes, v. 359. 
 
 Antiphon, an Athenian, who 
 had entered into a treason- 
 able engagement with Philip 
 to burn the arsenal at Athens, 
 ii. 56. 
 
 Antissa, a city in Lesbos, i. 2 1 9 ; 
 to which Iphicrates retired, 
 iii. 208. 
 
 Antisthenes, a banker, iv. 214. 
 
364 
 
 INDEX. 
 
 Antrones, a town in Thessaly, 
 i. 134 (note). 
 
 Apaturius, oration against, iv. 
 159169. 
 
 Aphareus, a person mentioned 
 in the oration against Euer- 
 gus and Mnesibulus, v. 86 ; 
 and in the oration against 
 Callippus, v. 156. 
 
 Aphepsio, son of Bathippus, iii. 
 49. 
 
 Aphidna, a Demus in Attica, 
 above 120 furlongs from 
 Athens, ii. 21 ; v. 50. 
 
 Aphobetus, brother of ^Eschi- 
 nes, ii. 189. 
 
 Aphobus, one of the guardians 
 of Demosthenes, against 
 whom he brought an action 
 for neglect of his duty ; on 
 which occasion he delivered 
 his first speech, iv. 88 135. 
 
 Apollodorus, son of Pasion, 
 who sued Stephanus for 
 having given false testimony 
 in the action against Phor- 
 mio, iv. 202219; v. 43; 
 v. 240 242 ; his action 
 against Polycles, v. 130 
 146 ; his action for the Naval 
 Crown, v. 147 152 ; his 
 defence against Callippus, 
 v. 152160; his action 
 against Nicostratus. 
 
 Apollodorus of Leuconoe, a 
 friend of the preceding, v. 
 138. 
 
 Apollodorus of Phaselis, in 
 Pamphylia, iv. 188. 
 
 Apollodorus of Plothea, the 
 - father of Olympicus, whose 
 
 son was also named Apollo- 
 dorus, v. 208. 
 
 Apollonia, in Thrace, later 
 called Sozopolis, whence the 
 modern Sizeboli, i. 121. 
 
 Apollonides, the Cardian, who 
 received a grant of land in 
 the Thracian Chersonese, 
 from Philip, i. 98 ; sent as 
 an ambassador to Philip by 
 Charidemus, iii. 223. 
 
 Apollonides of Halicarnassus, 
 iv. 196. 
 
 Apollonides of Mitylene, iv. 
 275. 
 
 Apollonides, the Olynthian, 
 banished for his opposition 
 to Philip, i. 128, 129. 
 
 Apollophaiies of Pydna, one 
 of the persons who killed 
 Philip's brother, Alexander, 
 ii. 177. 
 
 Apollophanes, a person who 
 accompanied Demosthenes 
 on his second embassy to 
 Philip, ii. 168. 
 
 Apollophanes, v. 242. 
 
 Araphen, an Attic Demus, v. 
 21. 
 
 Aratus, v. 358. 
 
 Aratus of Halicarnassus, iv. 
 1 193. 
 
 Arcadian traitors, ii. 106, 125 ; 
 honour Philip with brazen 
 statues and golden crowns, 
 ii. 200. 
 
 Arcesas of Pambotadae, v. 164. 
 
 Archebiades of Lampra, v. 153. 
 
 Archebiades, son of Demoteles 
 of Alasa, a man of base cha- 
 
 ; racter, v. 171, 176, 177. 
 
INDEX. 
 
 365 
 
 Arehebius, a trierarch, accused 
 of embezzling public pro- 
 perty, iv. 4. 
 
 Archebius of Byzantium, iii. 
 23, 224. 
 
 Archenaus, a ship-builder, iv. 
 134; v. 138. 
 
 Archenomides, son of Arche- 
 damas of Anagyrus, iv. 191. 
 
 Archenomides, son of Strato 
 
 of Thria, iv. 197. 
 
 Archestratus, a banker, iv. 214, 
 215. 
 
 Archetion, iii. 111. 
 
 Archiades, the son of Euthy- 
 machus of Otryne, v. 26 42. 
 
 Archias, the hierophant, con- 
 victed of impiety, v. 271. 
 
 Archias of Cholargus, a coun- 
 cillor, iii. 152. 
 
 Archidamus, the son of Zeuxi- 
 damus, king of the Lacedae- 
 monians, took Plata3a by sur- 
 prise, v. 266. 
 
 Archidice, daughter of Euthy- 
 machus of Otryne, married to 
 Leostratus of Eleusis, v. 29. 
 
 Archilochus, the son of Chari- 
 demus, iv. 216. 
 
 Archimachus, a relation of Po- 
 lemo, the father of Hagnias, 
 v. 14. 
 
 Archinus, father of Myronides, 
 iv. 36 ; v. 351. 
 
 Archippe, the wife, first of 
 Pasion, then of Phormio, 
 mother of Apollodorus and 
 Pasicles, v. 52, 64 ; died after 
 the return of Apollodorus 
 from Thrace, v. 145. 
 
 Archippus, son of Euthyma- 
 
 chus of Otryne, v. 27 ; died 
 while in command of a ship 
 at Methymna, v. 29. 
 
 Archippus of Myrrhinus, iv. 
 163. 
 
 Archons, observations relative 
 to the, iii. (Appendix IV.) 
 
 Archytas of Tarentum, renown- 
 ed for his wise and humane 
 government, v. 298. 
 
 Areopagus, the Council of, ii. 
 332 (Appendix III.) ; most 
 peculiar and venerable, iii. 
 188; v. 261. 
 
 Aretlmsius, brother of Nico- 
 stratus, against whom Apol- 
 lodorus had lodged an in- 
 formation, v. 160. 
 
 Argaeus, attempt to restore, iii. 
 205. 
 
 Argives refused to surrender 
 certain Athenian refugees to 
 the Lacedaemonians, i. 198; 
 partisans of Philip among 
 them, ii. 106 ; resolved to 
 receive Philip, ii. 200. 
 
 Argos, v. 154. 
 
 Argura, a town in Euboea, iii. 
 110, 120 (note). 
 
 Ariobarzanes, satrap of Lydia 
 and Ionia, i. 193, 194; iii. 
 211, 227. 
 
 Aristaechmus, one of the guar- 
 dians of Nausimachus and 
 Xenopithes, sued by them 
 for a breach of trust, iv. 243 
 247. 
 
 Aristaechmus, the Elean, a par- 
 tisan of Philip, ii. 107. 
 
 Aristarchus, son of Moschus, 
 charged with the murder of 
 
366 
 
 INDEX. 
 
 Nicodemus, iii. 100 ; his ex- 
 culpation, 101, 105107. 
 
 Aristides the Just, i. 57 j buried 
 at the public expense, iii. 
 230 ; during his exile re- 
 sided at ^Egina, till recalled, 
 iv. 83 ; v. 351. 
 
 Aristides, the (Eneian, a choir- 
 master, iii. 86. 
 
 Aristoclea, a prostitute, v. 244. 
 
 Aristocles of Myrrhinus, iv. 20. 
 
 Aristocles of (Ea, iv. 163 
 169. 
 
 Aristocles of Pseania, a trier- 
 arch, iii. 122. 
 
 Aristocrates, a profligate, iv. 
 251. 
 
 Aristocrates, a friend of Conon, 
 v. 178. 
 
 Aristocrates of Phalerum, v. 
 250. 
 
 Aristocrates indicted by Euthy- 
 cles, for whom Demosthenes 
 composed the speech which 
 was spoken on the trial, iii. 
 164234. 
 
 Aristocrates, son of Scellius, 
 and uncle of Epichares, razed 
 Eetionea to the ground, v. 
 236. 
 
 Aristodemus, an actor, ii. 192 ; 
 the first proposer of a peace 
 with Philip, ii. 15,125,127, 
 148, 215. 
 
 Aristodemus, son of Aristoteles 
 of Pallene, and father of the 
 Aristoteles who conducted 
 the suit against Leochares, 
 v. 26, 29. 
 
 Aristogenes, iv. 283, 284, 286, 
 287, 288. 
 
 Aristogiton, an Athenian ora- 
 tor, against whom two ora- 
 tions are included in the 
 works of Demosthenes, but 
 their genuineness (that of the 
 second especially) has been 
 strongly suspected, iv. 55 
 87. 
 
 Aristolaus of Thasos, an enemy 
 of the Athenians, ii. 77. 
 
 Aristolochus, a banker, v. 61. 
 
 Aristomachus, the son of Cri- 
 todemus of Alopece, iii. 171, 
 202 j v. 228, 245. 
 
 Aristomachus of Cephale, v. 
 258 ; at one time a judge, 
 a surety for EpaBnetus, v. 
 256. 
 
 Aristomenes of Anagyrus, iv. 
 301. 
 
 Ariston of Alopece, prosecuted 
 for a fraudulent entry, iv. 75. 
 
 Ariston, son of Nesera, v. 273. 
 
 Aristonicus of Phrearrii, ii. 37, 
 85, 112. 
 
 Aristonoe, daughter of Philo- 
 stratus, wife of Callippus, 
 mother of Phoenippus, iv. 
 301. 
 
 Aristonous of Decelea, v. 153. 
 
 Aristophon of Azenia, a dis- 
 tinguished advocate, ii. 84, 
 208, 210, 313 (Appendix 
 II.) ; iii. 49 ; iv. 4. 
 
 Aristophon of Colyttus, ii. 33, 
 313 (Appendix II.). 
 
 Aristophon, a commissioner, iv, 
 154. 
 
 Aristoteles of Pallene, grand- 
 father of Aristoteles, the son 
 of Aristodemus, v. 29. 
 
INDEX. 
 
 367 
 
 Aristratus of ISTaxos, an enemy 
 
 of the Athenians, ii. 77. 
 Artabazus, prefect of Lydia and 
 
 Ionia, i. 66. 
 Artemisia, queen of Caria, wife 
 
 of Mausolus, i. 194, 198, 
 
 199. 
 Artemisium, Battle of, ii. 80 j 
 
 v. 265. 
 Artenio of Phaselis, brother of 
 
 Lacritus, iv. 188, 189, 192. 
 Arthmius, the Zelite, son of 
 
 Pythonax, i. 125 ; ii. 202. 
 Arymbas, king of the Molos- 
 
 sians, attacked by Philip, i. 
 
 41. 
 Athens, its walls rebuilt by 
 
 Themistocles, iii. 26 ; list of 
 
 festivals, iii. 272 (Appendix 
 
 VI.). 
 Athenodorus, an Athenian, 
 
 brother-in-law of Berisades, 
 
 iii. 171, 219. 
 
 Atrestidas, an Arcadian, ii. 212. 
 Atrometus, father of ^Eschines, 
 
 ii. 55. 
 Autocles, an Athenian naval 
 
 commander, iii. 201 j de- 
 posed, and succeeded by 
 
 Meno, v. 134. 
 Automedon, one of three rulers 
 
 of Eretria appointed by 
 
 Philip, i. 128. 
 Automedon, an Athenian, who 
 
 drew up a decree for the 
 
 people of Tenedos, v. 228. 
 Autonomus, secretary to Anti- 
 
 machus, v. 116. 
 Autophradates arrests Artaba- 
 zus, but afterwards releases 
 
 him, iii. 214. 
 
 B. 
 
 BACCHIUS, an obscure man, v. 
 178. 
 
 Bathippus, the father of Aphep- 
 sion, iii. 2, 49. 
 
 Bathyllus, son of Polyaratus, 
 iv. 268. 
 
 Berisades, a Thracian prince, 
 iii. 171. 
 
 Bianor, brother of the wife of 
 Amadocus, a Thracian prince, 
 iii. 171. 
 
 Blepaeus, a banker, iii. 1 34. 
 
 Boedromion, the third Attic 
 month, answering to the lat- 
 ter half of September and 
 the former half of October, 
 ii. 33, 34, 44, 47, 64 ; the 
 time for celebrating the 
 Eleusinian mysteries, i. 54 ; 
 iv. 165. 
 
 Boeotus, brother of Plangon, 
 iv. 252281. 
 
 Boeotus, son of Plangon, iv. 
 252281. 
 
 Borysthenes, a river of Sarma- 
 tia (the modern Dnieper), 
 iv. 189. 
 
 Bosporichus, chief magistrate 
 of Byzantium, ii. 38. 
 
 Bosporus, iii. 13 ; ii. 39 (note). 
 
 Brachyllus, the father of the 
 wife of Lysias, v. 244. 
 
 Brasidas, a Lacedaemonian gene- 
 ral, to whom divine honours 
 were paid after his death, i. 
 163 (note). 
 
 Brauron, a district in Attica, 
 near the east coast, cele- 
 brated for the worship of 
 Diana, v. 175. 
 
368 
 
 INDEX. 
 
 Brougham, Lord, references to 
 his translation of the Ora- 
 tion on the Crown, ii. 10, 
 13, 18, 19, 24, 25, 28, 29, 
 31, 37, 38, 42, 46, 52, 53, 
 54, 59, 67, 69, 74, 83, 85, 
 87, 99, 100, 101, 103, 104, 
 105, 107, 108, 110, 112, 
 115. 
 
 Brytidse, the name of a family, 
 v. 255. 
 
 Bucheta, a city of Cassopia, a 
 district of Epirus, i. 96. 
 
 Bulagoras of Alopece, one of 
 the ambassadors sent to 
 Philip, ii. 66. 
 
 Buselus, a member of the 
 township of Oeum, v. 7. 
 
 Byzantines, The, compelled ves- 
 sels to go into their port to 
 pay harbour duties, i. 80 ; 
 on ill terms with the Athe- 
 nians, i. 103 ; combined 
 with the Chians and Eho- 
 dians against the Athenians, 
 i. 191, 200; succoured by 
 the Athenians when at- 
 tacked by Philip, ii. 38; 
 voted a crown of gold to 
 the Council and people of 
 Athens, ii. 39. 
 
 Byzantium besieged by Philip, 
 ii. 38 ; saved by the fleet 
 of 120 ships despatched by 
 Demosthenes, ii. 35, 39. 
 
 C. 
 
 CABYLE, a town in Thrace, i. 
 
 108. 
 Calauria (the modern Poro), an 
 
 island near Troezene, con- 
 
 taining a temple of Neptune 
 in which Demosthenes took 
 refuge and terminated his 
 life, v. 117, 346. 
 
 Callseschrus, son of Diotimus 
 of Cothocidse, one of the am- 
 bassadors from Athens to 
 the Thebans, ii. 73 ; a man 
 of wealth, iii. 117. 
 
 Callarus, a slave, v. 186. 
 
 Callias, son of Hipponicus, who 
 negotiated a peace with the 
 Persians, ii. 202. 
 
 Callias, an Athenian general, 
 i. 157 (note). 
 
 Callias of Phrearrii (probably 
 the same as the preceding), 
 ii. 48. 
 
 Callias of Sunium, an Areopa- 
 gite, ii. 57. 
 
 Callias, a public slave, i. 49. 
 
 Callicles, son of Epitrephes of 
 Thria, v. 142. 
 
 Calli crates, the son of Euphe- 
 mus, iii. 157. 
 
 Calibrates, brother of Callicles, 
 v. 181. 
 
 Callippides, father of the pre- 
 ceding, v. 181. 
 
 Callippus of Lampra, v. 152; 
 the state-friend of the Hera- 
 cleotes, v. 154. 
 
 Callippus, the son of Philo of 
 Axione, iv. 217 ; v. 142. 
 
 Callippus of Paeania, i. 98. 
 
 Callippus, brother of Calli- 
 stratus the plaintiff in the 
 action against Olympiodorus, 
 v. 105. 
 
 Callisthenes, son of Eteonicus 
 of Phalerum, ii. 21 pro- 
 
INDEX. 
 
 369 
 
 bably the same mentioned, 
 iii. 15. 
 
 Callisthenes of Sphettus, a wit- 
 ness for Demosthenes against 
 Thrasylochus, the brother of 
 Midias, iii. 92. 
 
 Callistratus, son of Callicrates 
 of Aphidna, and an eminent 
 orator, ii. 84, 210, 313 (Ap- 
 pendix II.);' iv. 35 ; v. 116, 
 245, 250. 
 
 Callistratus, son of Eubulis, 
 and brother to Euctemon, the 
 king-archon, v. 12, 13, 14. 
 
 Callistratus, a banker, iv. 207, 
 213. 
 
 Cammes, the tyrant of Myti- 
 lene, iv. 275. 
 
 Cardia, a town at the head of 
 the gulf of Melas, i. 80 (note), 
 123 ; iii. 222. 
 
 Cardians, i. 80, 99, 100, 112, 
 160; iii. 219. 
 
 Carthaginians, formerly tribu- 
 taries to the Syracusans, iii. 
 56. 
 
 Carystus, a town of Euboea, i. 
 97 (note). 
 
 Cassopia, a district of Epirus, 
 i. 96. 
 
 Castor and Pollux, v. 295. 
 
 Cebren, a town not far from 
 Ilium, iii. 214. 
 
 Cecropidae, the, v. 285. 
 
 Cephallenia, the Samos of Ho- 
 mer, the largest island in the 
 Ionian Sea, iv. 149, 153,156. 
 
 Cephalus, a renowned orator, 
 ii. 84 ; never indicted, 92. 
 
 Cephisiades, a merchant re- 
 siding in Scyrus, v. 153. 
 
 Cephisodorus, an archon, iv. 
 139. 
 
 Cephisodorus, a person men- 
 tioned in the Oration against 
 Theocrines, v. 223. 
 
 Cephisodorus or Cephisodotus, 
 a Boeotian, iv. 191. 
 
 Cephisodotus of Ceramicus, ii. 
 172; iii. 49, 214,215, 217, 
 218. 
 
 Cephisophon, son of Cephiso- 
 phon of Ehamnus, ii. 15, 18, 
 28. 
 
 Cephisophon, son of Cleon of 
 Anaphlystus, ii. 34. 
 
 Cephisophon, son of Cephalon 
 of Aphidna, and brother-in- 
 law of Ainphias, v. 48, 50. 
 
 Cephisophon, a person who 
 bribed Stephanus to procure 
 the banishment of Apollo- 
 dorus, v. 242. 
 
 Cercidas, an Arcadian, ii. 106. 
 
 Cerdon, a slave of Arethusius, 
 v. 167. 
 
 Cersobleptes, a Thracian prince, 
 an ally of the Athenians, i. 
 111,134, 158, 159; iii. 171, 
 201, 202, 203, 208, 209, 
 210, 211, 217, 219, 221, 
 222, 223, 224, 227. 
 
 Chabrias, a distinguished 
 Athenian general, i. 66 ; 
 won the naval victory at 
 ISTaxos, i. 171, iii. 226; his 
 deeds, iii. 27, 28; the de- 
 cree of honours to him, iii. 
 30 ; his expedition to Egypt, 
 ii. 207 ; accused by Oropus, 
 iii. 87, 219, 221. 
 
 Chabrias of Axione, a victor 
 
 B B 
 
370 
 
 IN'DEX. 
 
 in the Pythian games, v. 
 248. 
 
 Chaeredemus, author of a de- 
 cree respecting the furniture 
 of ships, v. 83. 
 
 Chaeretimus, son of Chari- 
 menes of Pitthus, a man of 
 loose morals, v. 177. 
 
 Chaeron, a wrestler, made ruler 
 of Pellene by Philip, i. 220. 
 
 Chaeronea, celebrated for the 
 defeat of the Athenians by 
 Philip, 338 B.C.; ii. 90, 
 363 (Appendix IX.); iv. 84. 
 
 Chaerondas, an archon, the 
 son of Hegemon, ii. 26, 36. 
 
 Chalcis, a city of Euboea, i. 37 ; 
 iii. 222. 
 
 Chares, an Athenian general, 
 contemporary with Demos- 
 thenes, i. 51 (note), 219 
 (Appendix II.), 314; iii. 
 219, 223 ; v. 229, 353. 
 
 Chares of Thoricus, iii. 106. 
 
 Chariclides, an archon, iii. 
 124. 
 
 Charidemus, son of Ischoma- 
 chus, adopted by ^Eschylus, 
 v. 227. 
 
 Charidemus, son of Stratius of 
 (Eum, v. 8. 
 
 Charidemus, an Athenian gene- 
 ral, i. 54 ; received a golden 
 crown for his public services, 
 i. (Appendix III.) 268- 
 '278 ; ii. 47 ; oration against 
 Aristocrates, iii. 164 234. 
 
 Charinus, son of Epichares of 
 Leuconium, iv. 121. 
 
 Charisiades, the son of Chari- 
 sius, v. 204. 
 
 Charisius, an Athenian ; father 
 of the preceding, and brother 
 of Thucritides, v. 204. 
 
 Charisius, the Elean, v. 244. 
 
 Chelidonian Islands, on the 
 coast of Lycia, ii. 203. 
 
 Chersonesus, i. 87, 103 ; ii. 
 35 ; decree of the Chersone- 
 sites, ii. 39 ; boundaries of 
 the Chersonese, i. 98 ; ii. 
 143, iii. 166, 202, 213, 
 218, 219, 222; i. 257- 
 298, (Appendix III.; the 
 Thracian Chersonese). 
 
 Chians the, i. 80, 105, 191 ; 
 iv. 201. 
 
 Chion, an archon, successor of 
 Cephisodorus, iv. 139. 
 
 Chionides of Xypete, v. 248. 
 
 Chrysippus, iv. 170, 178. 
 
 Cicero, his remarks on the 
 Oration on the Crown, ii. 9 
 (note) ; his Oration pro Caa- 
 lio, ii. 52 (note) ; pro Balbo, 
 ii. 56 (note); Philippic II. ii. 
 65 (note) ; pro Milone, ii. 71 
 (note), 79 ; de Officiis, ii. 79 
 (note); in Verrem, ii. 107 
 (note) ; against Sallust, ii. 
 112 (note) ; first Catalinarian, 
 ii. 116. 
 
 Cimon, fined fifty talents for 
 stirring up a revolution at 
 Paros, iii. 228. 
 
 Cineas, a Thessalian, a partisan 
 of Philip, ii. 106. 
 
 Ciriadae, the residence of Aetes, 
 v. 250. 
 
 Cirrha, the port of Delphi, and 
 sacred to Apollo, ii. 62. 
 
 Cittus, a banker, iv. 173. 
 
INDEX. 
 
 371 
 
 Cleanax, a friend of Apollodo- 
 rus, v. 144. 
 
 Oleander, an actor, v. 203. 
 
 Clearchus, a Spartan general, 
 who commanded the Greek 
 mercenaries in the expedi- 
 tion of Cyrus against Arta- 
 xerxes, i. 198 ; iii. 30. 
 
 Cleo of Cothocida3, an Athen- 
 ian ambassador, ii. 18, 28. 
 
 Cleon of Phalerum, an Areo- 
 pagite, ii. 57. 
 
 Cleon of Sunium, a trier- 
 arch, a witness for Demos- 
 thenes against Midias, iii. 
 122. 
 
 Cleon, an Athenian general, 
 father of Cleomedon, iv. 268, 
 273. 
 
 Cleon, son of Cleomedon, 
 grandson of the preceding, 
 iv. 268. 
 
 Cleocritus, son of Buselus of 
 (Eum, v. 7. 
 
 Cleomedon, son of Cleon the 
 Athenian general, iv. 268, 
 273. 
 
 Cleomenes, appointed governor 
 of Egypt by Alexander the 
 Great, v. 189. 
 
 Cleona3, a town of Phocis, ii. 
 40. 
 
 Cleotimus, the Elean, a parti- 
 san of Philip, ii. 106. 
 
 Clinagoras, a priest of Delphi, 
 ii. 63. 
 
 Clinias, son of Clidicus, v. 
 209. 
 
 Clinomachus, who reconciled 
 Demosthenes and Theo- 
 crines, v. 230. 
 
 Clitarchus, made ruler of Ere- 
 tria by Philip, i. 107, 128, 
 129 ; ii. 35, 36, 107. 
 
 Clitomache, daughter of Mydi- 
 lides, married to Aristoteles 
 of Pallene, v. 29. 
 
 Clitomachus, one of the am- 
 bassadors sent with Demos- 
 thenes to Peloponnesus, i. 
 131. 
 
 Coccalina, a female servant, v. 
 248. 
 
 Colias, a promontory in Attica, 
 v. 248. 
 
 Conon, father of Tiniotheus, 
 a distinguished Athenian 
 general, ii. 176; his achieve- 
 ments, iii. 24 ; the honours 
 paid him, iii. 25, 26, 160. 
 
 Conon, son of Timotheus, and 
 grandson of Conon, iv. 276. 
 
 Conon, an action brought 
 against him by Ariston, v. 
 169180. 
 
 Corcyra (the modern Corfu), 
 i. 171 ; ii. 88 ; iii. 226 ; iv. 
 96. 
 
 Corinthians, the, i. 66 ; ii. 41, 
 107; iii. 21. 
 
 Coronea, a town of Boeotia, 
 overlooking the Copaic plain, 
 i. 79, 84; ii. 151,160, 162, 
 217. 
 
 Corsise, a town of Boeotia, ii 
 160. 
 
 Cos, an island on the coast of 
 Caria, the modern Stancho, 
 i. 80 ; birthplace of Hippo- 
 crates and Apelles, i. 199 ; 
 its wine, iv. 195, 196, 197. 
 
 Collyphus, an Arcadian, elected 
 
 BB2 
 
372 
 
 INDEX. 
 
 general of the Amphictyons, 
 
 ii 62, 63. 
 Cotys, king of Thrace, iii. 171, 
 
 201,203,204,208,209,213, 
 
 214, 215, 216, 217. 
 Council of Five Hundred, ii. 3 3 5 
 
 (Appendix TV.). 
 Cratinus, abuse of, by Midias, 
 
 iii. 110. 
 Creon, king of the Thebans, ii. 
 
 71 ; v. 280. 
 Cresphontes, kingofMessenia, 
 
 and the hero of a lost play 
 
 of Euripides, ii. 71. 
 Crithote, a promontory on the 
 
 west coast of Acarnania, iii. 
 
 216. 
 Critias, one of the Thirty 
 
 Tyrants, v. 236. 
 Crito, a spendthrift, iv. 280. 
 Crobyle, a town in Thrace, i. 
 
 157. 
 Crown, Oration on the, ii. 1 
 
 115. 
 Ctesias, the son of Conon, v. 
 
 171, 175. 
 Ctesibius, son of Diodorus of 
 
 Hake, v. 208. 
 Ctesicles, his contempt of the 
 
 Mysteries, iii. 125. 
 Ctesiphon, son of Leosthenes 
 
 of Anaphlystus, ii. 2, 13 ; 
 
 his indictment by ./Eschines, 
 
 ii.26,28, 36,125, 127, 215, 
 
 397 (Appendix X). 
 Ctesippus, son of Glauconides 
 
 of Cydantida?, v. 245. 
 Ctesippus, son of Chabrias, ii. 
 
 324 (Appendix II) ; iii 2. 
 Cteson of Ceramicus, v. 252. 
 Cyanean Rocks, two small is- 
 
 lands at the entrance of the 
 Thracian Bosporus, called 
 also Symplegades, ii. 203. 
 
 CydantidaB, v. 245, 272. 
 
 Cydathenreum, v. 48, 248, 272. 
 
 Cynosarges, an eastern suburb 
 of Athens, iii. 232 ; iv. 31 ; 
 v. 230. 
 
 Cyprothenus, the governor of 
 Samos, appointed by Tig- 
 ranes, the king of Persia's 
 deputy, i. 194. 
 
 Cyrebion, brother-in-law of 
 ^Eschines, ii. 207. 
 
 Cyrus, the younger, i. 198. 
 
 Cyrsilus, stoned by the Athe- 
 nians for advising submission 
 to the Persians, ii. 79. 
 
 Cytherus, iv. 294. 
 
 Cythnians or Siphnians, inha- 
 bitants of two small islands 
 in the ^Egean Sea; their 
 names used as a term of con- 
 tempt, i. 175. 
 
 Cyzicenes, the, ii. 123; v. 132 ; 
 value of a Cyzicene stater, 
 iv. 178, 197. 
 
 B. 
 
 DAMAGETUS, ii. 38. 
 
 Damostratus the elder, of Me- 
 lita, v. 208. 
 
 Damostratus the younger, 
 grandson of the preceding, 
 and son of Amy th eon, v. 
 208. 
 
 Daochus, a Thessalian, a parti- 
 san of Philip, ii. 106. 
 
 Daric, a Persian coin of pure 
 gold, first struck by Darius, 
 iv. 34. 
 
INDEX. 
 
 373 
 
 Darius the First, king of the 
 Persians, v. 265. 
 
 Datis, general of King Darius, 
 v. 265. 
 
 Decemvirate, established by 
 Philip in Thessaly, i. 85. 
 
 Decelea, a fortress in Attica, 
 taken from the Athenians by 
 the Lacedemonians, ii. 41 ; 
 iii. 114, 144; iv. 34; v. 
 203. 
 
 Delos, temple at, ii. 56. 
 
 Delphi, temple at, iii. 114; v. 
 353. 
 
 Delphinium, one of the four 
 courts of law at Athens, 
 held in a temple of Apollo, iii. 
 191, 329 (Appendix VIII.); 
 iv. 269. 
 
 Demades, a clever but profli- 
 gate orator, ii. 103, 317 (Ap- 
 pendix II.); iv. 68; com- 
 pared the Republic to an old 
 woman, i. 59 (note). 
 
 Demaratus, a Corinthian, de- 
 nounced by Demosthenes as 
 a traitor, ii. 107. 
 
 Demaretus, guardian of the 
 children of Aristsechmus, 
 iv. 247. 
 
 Demon, uncle of Demosthenes, 
 and father of Demophon, his 
 guardian, iv. 125, 148, 158. 
 
 Demochares of Leuconium, a 
 relation of Demosthenes, iv. 
 97, 112. 
 
 Demochares of Pa3ania, v. 84, 
 87. 
 
 Demochares, whom Theocrines 
 threatened to call before the 
 Areopagus, v. 226. 
 
 Democles, iv. 68. 
 
 Democrates, son of Sopilus of 
 Phlya, ii. 18, 73. 
 
 Democratidas of Chollidse, fa- 
 ther of Dionysius, iv. 193. 
 
 Democritus of Anagyrus, son 
 of Demophon, ii. 34. 
 
 Demomeles, ii. 85. 
 
 Demomeles, son of Demon, a 
 relation of Demosthenes, iv. 
 96. 
 
 Demonicus of Marathon, an 
 Areopagite, ii. 57. 
 
 Demonicus of Phlius, ii. 47. 
 
 Demophilus, a banker, iv. 284. 
 
 .Demophon, son of Demon, and 
 a cousin of Demosthenes, iv. 
 93, 96, 97, 102, 104, 105, 
 118, 134. 
 
 Demosthenes, father of the 
 orator, iv. 88, 93; state- 
 ment of his property, 95 ; 
 his death-bed, 115; eman- 
 cipated his slave Milyas, 
 119. 
 
 Demosthenes the orator, his 
 boyhood and early life, ii. 
 94 ; presented with a golden 
 crown for his services to the 
 Athenians, 37 ; a volunteer 
 trierarch at Oropus, 42 ; in- 
 troduced a law for the naval 
 service, 44 ; his measures 
 for protecting Attica, 108 ; 
 the auxiliaries procured by 
 his decrees, 109 ; a water- 
 drinker, 135 ; ransomed the 
 Athenian captives, 168 ; vo- 
 lunteered to take the office 
 of choir-master, iii. 68 ; 
 brought actions against his 
 
374 
 
 INDEX. 
 
 guardians, 91 ; appointed to 
 deliver the funeral oration 
 for those who had fallen at 
 Chaeronea, in preference to 
 ^Eschines or any other ora- 
 tor, ii. 103 ; twice an am- 
 bassador to Philip, 182; 
 magnificently entertained 
 Philip's ambassadors, 189; 
 insulted by Midias, iii. 70, 
 71 ; indicted seven times by 
 Aristogiton, iv. 66 ; indicted 
 by Theocrines, v. 228 ; took 
 refuge in the temple of Nep- 
 tune, in Calauria, v. 346. 
 
 Demosthenes, a distinguished 
 general in the Peloponne- 
 sian war, i. 57. 
 
 Dercylus of Chalcis, ii. 138, 
 170. 
 
 Digma, the Exchange at 
 Athens where merchants ex- 
 hibited their goods, v. 137. 
 
 Dinarchus the Corinthian, a 
 partisan of Philip, ii. 107. 
 
 Dinarchus, an Athenian ora- 
 tor, v. 359. 
 
 Dinias, son of Theomnestus, 
 and father-in-law of Apollo- 
 dorus, iv. 208; v. 59, 137, 
 138. 
 
 Dinias of Erchea, a celebrated 
 advocate, iii. 49, 50. 
 
 Dinias, son of Phormidas of 
 Cydantidse, v. 272. 
 
 Dinon, brother of Mcostratus 
 and Arethusius, v. 163. 
 
 Dion, a shipowner, iv. 172, 
 174. 
 
 Dion of Phrearrii, ii. 55. 
 
 Dion of Syracuse, iii. 56. 
 
 Diocles the Pitthean, iii. 87 ; 
 concluded a truce with the 
 Thebans, iii. 123 ; a law 
 moved by him, iv. 1 2. 
 
 Diodorus of Halge, v. 208. 
 
 Diodorus, a witness for Ariston 
 against Conon, v. 177. 
 
 Diodorus, the accuser of An- 
 drotion, iii. 138 ; speech 
 composed for him by Demos- 
 thenes against Timocrates, 
 iv. 1, 19. 
 
 Diogiton of Acharna3, v. 252. 
 
 Diognetus, a dissolute man, iv. 
 251. 
 
 Diognetus of Thoricus, iii. 92. 
 
 Diondas, ii. 85, 92. 
 
 Dione, ii. 211 ; iii. 83 ; v. 356. 
 
 Dionysia, or festival of Bacchus, 
 i. 69 ; ii. 27, 37, 48, 50 ; 
 iii. 66, 67, 69, 82, 124. 
 
 Dionysius the younger, of Sy- 
 racuse, received citizenship 
 from the Athenians, i. 160 ; 
 expelled from Syracuse by 
 Dion, iii. 56. 
 
 Dionysius the elder, originally 
 a scribe or secretary, iii. 56. 
 
 Dionysius, son of Democratidas 
 of Chollidse, iv. 193. 
 
 Dionysius of Aphidna, iii. 101. 
 
 Dionysius, an Athenian, ii. 172. 
 
 Dionysius, a slave, iii. 46. 
 
 Dionysodorus, a shipowner, 
 oration against him, v. 187 
 198. 
 
 Diophantus, a witness brought 
 forward by Demosthenes 
 against ^Eschines, ii. 178; 
 enumerated among the ora- 
 tors, ii. 210 ; iii. 47. 
 
INDEX. 
 
 375 
 
 Diopithes, an Athenian general, 
 i. 100, 102, 104106. 
 
 Diopithes of Melita, v. 252. 
 
 Diotimus, son of Diotimus of 
 Icaria, v. 176, 177. 
 
 Diotimus, a general of horse, 
 crowned for his present of 
 shields, ii. 47, 48. 
 
 Diotimus of Euonymia, iii. 
 131 ; v. 353. 
 
 Diphilus, son of Satyrus of 
 Melita, v. 255. 
 
 Dodona, the oracle of, ii. 93 ; 
 iii. 82, 83, 84. 
 
 Dolopians accused by Demos- 
 thenes of betraying their 
 country to Philip of Mace- 
 don, ii. 29, 
 
 Doriscus, a town in Thrace, 
 i. 134, 146 ; captured by 
 Philip, ii. 165, 220. 
 
 Dorotheus, the Eleusinian, v. 
 249. 
 
 Draco, the Athenian lawgiver, 
 iii. 53 ; his laws of homi- 
 cide, iii. 183; v. 97. 
 
 Dracontides, iv. 134. 
 
 Drongilus, a town in Thrace, 
 i. 108, 135. 
 
 Drosis, a female slave, pur- 
 chased by Nesera, v. 272. 
 
 Drymus, ii. 218 (note). 
 
 Drys, a town near Byzantium, 
 iii. 209. 
 
 Dysnicetus, an arch on, v. 71. 
 
 ECCLESIA, The, or Popular As- 
 sembly, ii. 339 (Appendix 
 V.). 
 
 Echinus, a town in Thessaly, 
 
 taken from the Thebans by 
 
 Philip, i. 123. 
 
 Ecphantus of Thasos, iii. 23. 
 Eion, a city on the Stryrnon, 
 
 below Amphipolis, i. 171 ; 
 
 iii. 226. 
 Elaphebolion, the ninth month 
 
 of the Attic year, answering 
 
 to the last half of March and 
 
 the first of April, ii. 26, 66, 
 
 138. 
 Elatea, a town in Phocis, i. 84 ; 
 
 ii. 60, 62 ; news of its cap- 
 ture brought to Athens, ii. 
 
 68. 
 Elatea in Cassopia, a district of 
 
 Epirus, i. 96. 
 
 Eleans, the, i. 211 ; ii. 107. 
 Eleus, a town in Chersonesus, 
 
 ii. 39. 
 Eleusis, a town in Attica, 120 
 
 stadia from Athens, ii. 21, 
 
 73 ; v. 185, 271. 
 Elis in Peloponnesus, i. 121 ; 
 
 massacre of the exiles, i. 134 ; 
 
 ii. 199, 209. 
 
 Elpidas, a schoolmaster, ii. 54. 
 Empusa, a nickname given to 
 
 the mother of ^Eschines, ii. 
 
 55. 
 Endius, son of Epigenes of 
 
 Lampra, v. 47. 
 Epaenetus, a native of Andros, 
 
 a lover of Nesera, v. 256. 
 
 257, 258. 
 
 Eperatus of Tenedos, v. 144. 
 Ephetaa, the, iii. 178, 329 (Ap- 
 pendix VIII.). 
 Ephialtes, v. 353. 
 Epicerdes of Gyrene, iii. 17. 
 Epichares, v. 236. 
 
376 
 
 INDEX. 
 
 Epichares, grandson of the pre- 
 ceding, v. 217. 
 
 Epichares the Sicyonian, a par- 
 tisan of Philip, ii. 107. 
 
 Epicrates, an ambassador, ii. 
 203205. 
 
 Epicrates, v. 287, 288. 
 
 Epigenes of Lampra, father of 
 Endius, v. 47. 
 
 Epinicus, the brother of Pole- 
 msestus, v. 360. 
 
 Epitimus, v. 358. 
 
 Erasicles, a pilot, iv. 192, 196. 
 
 Erchea, iii. 49. 
 
 Erechtheus, v. 284. 
 
 Erectheian tribe, ii. 67; iii. 88 ; 
 v. 81. 
 
 Eressus, a city of Lesbos, near 
 Cape Sigrium, i. 219. 
 
 Eretria, a town in Eubcea, op- 
 posite to the coast of Athens, 
 i. 107, 123,128; ii. 35; iv. 
 70 ; v. 265. 
 
 Ergisce, a town in Thrace, i. 97. 
 
 Ergocles, a person condemned 
 for peculation, ii. 172. 
 
 Ergophilus, a general, i. 271 
 (Appendix III.); ii. 172; 
 iii. 201. 
 
 Erythrse, a city of Asia Minor, 
 i. 105 (note). 
 
 Eryxias, a physician from Pi- 
 raeus, iv. 164. 
 
 Eryximachus, the brother-in- 
 law of Chabrias, iv. 273. 
 
 Etesian winds, i. 68. 
 
 Euseon, the brother of Leoda- 
 mas, who killed Bceotus at a 
 public supper, iii. 89, 90. 
 
 Evagoras, king of Cyprus, i. 
 159, 160. 
 
 Evander, an archon, iv. 36. 
 
 Evander, a Thespian, iii. 124. 
 
 Euboea, i. 40, 64, 75, 77, 107, 
 112,211; ii. 32, 35, 37,40, 
 42, 87, 89, 107, 109, 217, 
 220; iii. 103,119,123,144, 
 219; v. 240. 
 
 Eubulides, the prefect, disputes 
 the citizenship of Euxitheus, 
 v. 199216. 
 
 Eubulides, son of Buselus, v. 7. 
 
 Eubulides, grandson of Eubu- 
 lides, v. 7. 
 
 Eubulides of Cynosarges, v. 
 230. 
 
 Eubulus, a celebrated orator of 
 Anaphlystus, one of the am- 
 bassadors to Philip, ii. 18, 
 207, 212 ; iii. 47, 131. 
 
 Eubulus, son of Mnesitheus of 
 Cytherus, ii. 32, 33. 
 
 Eubulus of Probalinthus, ii. 
 65 ; v. 252. 
 
 Eubulus, the accuser of Tharrex 
 and Smicythas, ii. 175. 
 
 Eucampidas, an Arcadian, ii. 
 106. 
 
 Euclides, the archon, iv. 12, 35 ; 
 v. 16, 206. 
 
 Eucrates, the Leucadian, a par- 
 amour of Neaera, v. 247. 
 
 Eucternon of Sphettus, a wit- 
 ness for Demosthenes against 
 Midias, iii. 122. 
 
 Euctemon, king-archon, son of 
 Eubulides, v. 13. 
 
 Euctemon, son of ^Esion, iii. 
 121. 
 
 Euctemon, the prosecutor of 
 Androtion, iii. 138, 139, 154, 
 155 ; iv. 3, 4, 5, 27. 
 
INDEX. 
 
 377 
 
 Euctemon of Lusia, iii. 100. 
 Euctemon, commander of a 
 
 fifty-oared vessel, v. 135, 
 
 136, 138. 
 Eudenms of Cydathenaeum, iv. 
 
 36. 
 Euderces, an obscure man, iii. 
 
 227. 
 Eudicus of Larissa, ii. 25 ; v. 
 
 353. 
 
 Eudoxus, a popular man, v. 253. 
 Evegorus, author of a law re- 
 specting the Dionysia, iii. 67. 
 Euergus, action against him 
 
 for false testimony, v. 76 
 
 99 ; transactions with Pan- 
 
 teenetus, iv. 223, 224, 227, 
 
 229, 232, 234, 239, 241. 
 Eumelides, v. 116. 
 Eumolpus, v. 279. 
 Eunicus of Cholargus, v. 210, 
 
 216. 
 Eunomus of Anaphlystus, ii. 
 
 67. 
 Euonymia, an Attic demus, iii. 
 
 131. 
 Euphemus, father-in-law of 
 
 Mantithens, iv. 269. 
 Eupherus, father of Callicrates, 
 
 iii. 157. 
 Euphiletus, son of Damotimus 
 
 of Aphidna, iv. 197. 
 Euphiletus, son of Simon of 
 
 Aixone, v. 245. 
 Euphrrous, i. 128 ; committed 
 
 suicide, 129. 
 Euphraaus, an Athenian banker, 
 
 iv. 207, 213 ; v. 124. 
 Etiphron, a banker, iv. 207, 
 
 213. 
 Eupoleinus, v. 5. 
 
 Euripides, a colleague of Poly- 
 cles the trierarch, v. 146. 
 
 Euripides the poet, quotation 
 from his Phoenix, ii. 192. 
 
 Eurybates, the name of a no- 
 torious thief, used as a by- 
 word of reproach, ii. 15. 
 
 Eurydamas, son of Midias, v. 
 268, 269. 
 
 Eurylochus, a general of Philip 
 of Macedon, i. 128. 
 
 Eurymachus, son of Leontiades, 
 the Bceotarch, v. 266. 
 
 Eurystheus, king of the Argives, 
 v. 280. 
 
 Euthetion of Cydathenceum, 
 v. 248. 
 
 Euthycles, an archon, ii. 49. 
 
 Euthycles, aThriasian, for whom 
 Demosthenes composed the 
 oration against Aristocrates, 
 iii. 164. 
 
 Euthycrates, an Olynthian, i. 
 107 ; ii. 200, 222. 
 
 Euthy demus, son of Stratocles, 
 iii. 121. 
 
 Euthy demus of Phlyus, ii. 66. 
 
 Euthydemus, son of Pamphilus, 
 iv. 272. 
 
 Euthy dicus, a physician, iv. 274. 
 
 Euthymachus of Otryne, v. 29. 
 
 Euthynus, a pugilist, iii. 89. 
 
 Euthyphemus, a secretary, v. 
 220. 
 
 Euxitheus, son of Theocritus, a 
 Halimusian, v. 199216. 
 
 Euxitheus of Chollidaa, v. 172. 
 
 Euxitheus, son of Timocrates, 
 v. 209. 
 
 Euxitheus the Eleari, ii. 106. 
 
 Execestus, a physician, ii. 155. 
 
378 
 
 JNDEX. 
 
 Execestus of Lampsacus, iii. 
 211. 
 
 G. 
 GAMELION, the seventh month 
 
 of the Attic year, answering 
 
 to the last half of January 
 
 and the first half of February, 
 
 ii. 36. 
 
 Ganymede, v. 295. 
 Gelarchus, iii. 50. 
 Gerrestus, a promontory of 
 
 Eubcea (the modern Mandili), 
 
 i. 68; ii. 217. 
 Glaucetas, ambassador to Mau- 
 
 solus, iv. 4 ; appropriates the 
 
 money of the state, 5, 33, 
 
 34, 36, 50. 
 
 Glaucetes of Cephisia, v. 250. 
 Glaucon and Glaucus of (Eum, 
 
 two brothers, convicted of 
 
 forging a will, v. 4. 
 Glaucon, his proposed embassy, 
 
 iii. 219. 
 Glaucothea, the mother of 
 
 ^Eschines, ii. 55, 103. 
 Glaucus of Carystus, ii. 113. 
 Glaucus of (Eum, v. 4. 
 Gorgopas, a Lacedaemonian 
 
 general, iii. 27. 
 Gylon, maternal grandfather of 
 
 Demosthenes, iv. 112. 
 
 H. 
 HAGNIAS of (Eum, son of 
 
 Buselus, v. 1 25. 
 Hagnias the younger, grandson 
 
 of the preceding, v. 2 25. 
 Hagnias, a trierarch, son of 
 
 Dromia, v. 141. 
 Hagnophilus, v. 93. 
 
 Halse, v. 102. 
 
 Kalians, The, i. 132, 170. 
 
 Haliartus, a town in Bceotia, i. 
 64; ii. 41. 
 
 Halicarnassus, iv. 193, 196, 
 197. 
 
 Halimusians, v. 202, 213, 214. 
 
 Halirrhotius, a son of Neptune, 
 iii. 189. 
 
 Halonnesus, oration on, i. 89 
 99 ; seized by the Pepare- 
 thians, i. 160. 
 
 Halus, a town in Thessaly, i. 
 151, 167. 
 
 Harmodius, descendants of, 
 exempt from the trierarchal 
 service, iii. 13; a brazen 
 statue erected to, 25, 44, 54, 
 55 ; ii. 205. 
 
 Harpalus, iii. 213; v. 344. 
 
 Hecale, v. 255. 
 
 Hecate, feast of, v. 178. 
 
 Hecatombaeon, the first month 
 in the Attic year, answering 
 to the last half of July and 
 the first half of August, ii. 
 17, 58; iv. 7, 8. 
 
 Hedylus, son of Pamphilus, iv. 
 272. 
 
 Hedyleum, a town in Bceotia, 
 ii. 162. 
 
 Hegemon, a partisan of Philip, 
 ii. 103; iv. 68 (the same 
 name occurs in ii. 36.) 
 
 Hegesilaus, a supporter of 
 Plutarch of Eretria, ii. 208. 
 
 Hegesippus, an Athenian ora- 
 tor, ii. 141, 319 (Appendix 
 II.) ; at the head of an em- 
 bassy to Macedonia, B.C. 
 343, i. 89 ; took part in an 
 
INDEX. 
 
 379 
 
 embassy to the Pelopon- 
 nesians, i. 130 ; the treat- 
 ment he received from 
 Philip, ii. 219. 
 
 Hegestratus, a shipowner of 
 Massilia (Marseilles), drown- 
 ed in his attempt to sink a 
 vessel, iv. 149. 
 
 Heliaea, the supreme court at 
 Athens, v. 81. 
 
 Heliodorus of Pithus, iv. 191. 
 
 Helixus of Megara, a partisan 
 of Philip, ii. 107. 
 
 Hellebore, its use by the an- 
 cients, ii. 51 (note). 
 
 Heraclea, the chief town of 
 Upper Macedonia, v. 154. 
 
 Heraclean sacrifice, ii. 145, 
 155. 
 
 Heracleodorus, an eminent ad- 
 vocate, to whom Demos- 
 thenes addressed his Fifth 
 Epistle, v. 358. 
 
 Heraclidae, The, restored by the 
 Athenians to their heredi- 
 tary kingdom, ii. 73 ; v. 
 280. 
 
 Heraclides, delivered Byzan- 
 tium to the Athenians, iii. 22. 
 
 Heraclides of Enos, the mur- 
 derer of King Cotys, re- 
 ceived a golden crown from 
 the Athenians, iii. 204. 
 
 Heraclides, a banker, iv. 161 ; 
 v. 103. 
 
 Herseum, a fortress on the 
 Propontis, taken by Philip, 
 i. 53. 
 
 Hermaeus, a banker of ^Egina, 
 originally a slave of Strymo- 
 dorus, iv. 211. 
 
 Hermes, busts of, mutilated by 
 Alcibiades, iii. 114. 
 
 Hermias, governor of Atarneus, 
 in Mysia, i. 138 (note). 
 
 Hermogenes, v. 93. 
 
 Hermon, a pilot, by whose 
 assistance Lysander cap- 
 tured the Athenian fleet at 
 jEgospotamos, iii. 231. 
 
 Hermonax, iv. 247. 
 
 Heropythes, an archon, ii. 66. 
 
 Hesiod, a quotation from, ii. 
 191. 
 
 Hierax, an ambassador to the 
 Athenians from Amphipolis, 
 i. 40. 
 
 Hieron, or Hieruin, a place on 
 the Euxine, iii. 16; iv. 
 189 ; v. 136. 
 
 Hieronymus, an Arcadian, a 
 partisan of Philip, ii. 106, 
 125. 
 
 Hipparchus of Athmonia, a 
 licentious actor, v. 245, 
 246. 
 
 Hipparchus, placed with Auto- 
 medon and Clitarchus over 
 Eretria by Philip, i. 128. 
 
 Hippias, the son of Timoxenus, 
 iv. 196. 
 
 Hippias, the son of Athenip- 
 pus of Halicarnassus, iv. 
 193, 197. 
 
 Hippias, a cook of Charisius, 
 v. 244. 
 
 Hippocrates, an Athenian ora- 
 tor, who moved a decree 
 respecting the Platseans, v. 
 267, 272. 
 
 Hippodamea, the forum in 
 the Piraeus, so named after 
 
380 
 
 INDEX. 
 
 the architect Hippodamus, 
 v. 119. 
 
 Hipponicus, an ancestor of 
 Alcibiades on his mother's 
 side, iii. 114. 
 
 Hipponicus, a general sent by 
 Philip against the Eretrians, 
 i. 128. 
 
 Hippothoon, son of Alope, v. 
 285. 
 
 Homer, quotations from, v. 
 285, 294. 
 
 Hyacinthides, the daughter of 
 Erectheus, sacrificed by him 
 for their country, v. 284. 
 
 Hyes Attes, an exclamation of 
 Phrygian origin, ii. 96. 
 
 Hyblesius, the owner of a 
 twenty-oared vessel, iv. 189, 
 192. 
 
 Hyperides, the son of Oleander, 
 chosen by the Areopagus to 
 plead before the Amphic- 
 tyons on the question of the 
 Delian Temple, in preference 
 to ^Eschines, ii. 57 ; one of 
 the ambassadors to the 
 Thebans, ii. 73 ; impeached 
 Philocrates, ii. 152, 319 
 (Appendix II.) ; after the 
 battle of Chseronea, moved 
 that the disfranchised should 
 be restored to their rights, 
 iv. 84 ; a witness against 
 Theocrines, v. 228. 
 
 Hyperides, the son of Cal- 
 leeschrus, ii. 58. 
 
 I. J. 
 
 Jason of Phera3, an ally of 
 the Athenians, and a friend 
 
 of Timotheus, v. 114, 116, 
 119, 121, 127. 
 
 latrocles, his account of a ban- 
 quet at the house of Xeno- 
 phron,andthe ill treatment of 
 an Olynthian woman, ii. 177. 
 
 Idrieus, king of Caria, i. 80 
 (note). 
 
 Ilium, seized by Charidemi 
 iii. 214. 
 
 Illyrians, attacked by Phili] 
 i. 41, 43. 
 
 Imbrus (the modern Embro), 
 an island on the coast of 
 Thrace, i. 68 ; defended by 
 two thousand Athenian 
 troops, ii. 48 ; v. 240. 
 
 Iphiades,- his son, a hostage 
 for Sestus, iii. 221. 
 
 Iphicrates, an Athenian gene- 
 ral in the Corinthian war, 
 i. 66 ; defeated a mora or 
 division of the Lacedemonian 
 army, i. 171; iii. 226; 
 honours granted to him, iii. 
 30 (note); a bitter enemy 
 of Diocles, the Pithean, iii. 
 87 ; connected by marriage 
 with Cotys, iii. 208 ; retired 
 to Antissa, and afterwards 
 to Drys, iii. 209 ; deposed 
 from his command, and 
 superseded by Timotheus, 
 iii. 213, 215; accuses Ti- 
 motheus, v. 117; his son 
 marries a daughter of Timo- 
 theus, v. 129. 
 
 Ischander, son of ]S"eoptole- 
 mus, i. 125 (note) ; brought 
 by /Eschines to Athens, ii. 
 213. 
 
INDEX. 
 
 381 
 
 Ischomachus, father of Chari- 
 
 demus, v. 227. 
 Isocrates, the orator, iv. 191, 
 
 198 ; his intimacy with 
 
 Timotheus, v. 298. 
 Isthmias, an Athenian prosti- 
 tute, v. 244. 
 Jupiter Phratrius, v. 6 ; Aulic, 
 
 ii. 151, 211 ; iv. 39, 198 ; 
 
 v. 216 ; the most high, iii. 
 
 83 ; in Tomarus, iii. 83 ; 
 
 Terminal, i. 98 ; Olympian, 
 
 iv. 32 ; Nemean, iii. 104 ; 
 
 his throne, iv. 59. 
 
 Lacedaemonians, The, their de- 
 mand for certain Athenian re- 
 
 ! fugees refused by the Argives, 
 
 ' i. 198 j treaty with the king 
 of Persia, i. 200 (note 3); 
 i. 207, 216 ; battle at Leuc- 
 tra with the Thebans, v. 
 249 ; at Thermopylae with 
 the Persians, v. 265 ; hosti- 
 lities with Plataeans, v. 
 266; defeated the Athe- 
 nians and their allies in the 
 great battle at Corinth, iii. 
 20 ; their garrison expelled 
 from Thasos, iii. 22 ; dis- 
 puted with the Athenians 
 for the leadership of Greece, 
 iii. 25 ; deceived by The- 
 mistocles respecting the walls 
 of Athens, iii. 26 ; carried 
 on war for four or five 
 months, i. 126. 
 
 Lacedaemonius, whose sister 
 was indicted by Eubulides 
 for impiety, v. 201. 
 
 Laches, father of Melanopus, 
 iv. 34. 
 
 Laches, son of Melanopus, and 
 grandson of Laches, v. 352. 
 
 Lacritus of Phaselis, a sophist 
 and a pupil of Isocrates, v. 
 185202. 
 
 Lampis, a large and wealthy 
 shipowner, iii. 231 ; iv. 
 170185. 
 
 Lampsacus, a town on the 
 Hellespont, near the modern 
 Lamsaki, i. 51 ; iii. 211 ; 
 v. 137. 
 
 Lampra, v. 117, 153, 154, 
 251 ; iv. 35. 
 
 Laomedon, a naval commander, 
 whose vessels were detained 
 by Philip, ii. 35. 
 
 Larissa, a town in Thessaly, 
 on the right bank of the 
 Peneus, ii. 167. 
 
 Lasthenes, an Olynthian, who 
 betrayed his country to 
 Philip, i. 107 ; appointed 
 commander of the Olynthian 
 cavalry, i. 129 ; ii.25, 200,222. 
 
 Latona, v. 20 ; iii. 83. 
 
 Laws ; concerning the Areopa- 
 gus, iii. 55, 174; iv. 274; 
 v. 176, 226 ; concerning 
 aliens, v. 207 ; concerning 
 the disfranchised, iv. 13 ; 
 concerning theft, ill treat- 
 ment of parents, and deser- 
 tion, iv. 28 ; concerning the 
 exchange of estates, 116, 
 291 ; concerning homicide, 
 iii. 176, 178, 180, 183, 184, 
 186, 327 (Appendix VIII.) ; 
 compared with the Mosaic 
 
382 
 
 INDEX, 
 
 Code, 331, v. 96 (note); iv. 
 32; concerning unchastity, 
 iii. 146 ; v. 253, 263, 270 ; 
 concerning heirs and heir- 
 esses, and adopted children, 
 v. 16, 42, 73, 74; concerning 
 the dead iii. 36, 277, 278, 
 concerning burials, v. 19. 
 
 Lemnos, an island off the coast 
 of Thrace, i. 68 ; v. 240. 
 
 Leon, an Athenian ambassador 
 to the court of Persia, ii. 130 
 (note), 175. 
 
 Leochares, oration against, v. 
 2642. 
 
 Leocorium, the temple of the 
 daughters of Leos, who had 
 been sacrificed by their father, 
 during a famine, as an offer- 
 ing for the lives of the peo- 
 ple (see Thucydides, i. 20) ; 
 v. 171. 
 
 Leocrates, brother of the wife 
 of Polyeuctus, iv. 281290. 
 
 Leodamas of Acharnae, an elo- 
 quent pleader, iii. 49 (note). 
 
 Leonidas, the hero of Thermo- 
 pylae, v. 265. 
 
 Leontiades, father of Euryma- 
 chus the Bceotarch, v. 266. 
 
 Leostratus of Eleusis, son of 
 Leocrates, v. 26 40. 
 
 Leptines, oration against the 
 law of, iii. 1 58. 
 
 Leptines of Coele, iii. 157. 
 
 Leucas, a Corinthian colony, i. 
 123 (note) ; v. 203. 
 
 Leucon, king of the Bosporus, 
 iii. 13 (note); granted the 
 exportation of corn to Athens 
 free of duty, iii. 15. 
 
 Leuconium, or Leuconoe, iv. 
 97, 138; v. 191. 
 
 Leuctra, scene of the battle be- 
 tween the Thebans and Spar- 
 tans, B.C. 371; ii. 14, 41; v. 
 249. 
 
 Limnae, a place outside the 
 walls of Athens, where there 
 was a temple dedicated to 
 Bacchus, v. 260. 
 
 Locrians, The, celebrated for 
 their excellent legislation, iv. 
 37. 
 
 Lous, the Macedonian name for 
 the month called by the 
 Athenians Boedromion, ii, 64. 
 
 Lyceum, the chief of the Athe- 
 nian Gymnasia, on the south 
 of the city, where Aristotle 
 and the peripatetic philo- 
 sophers taught, iv. 31. 
 
 Lycidas, a miller, v. 165. 
 
 Lycidas, a slave of Chabrias, 
 iii. 46. 
 
 Lycinus of Pallene, appointed 
 admiral by Timomachus, v. 
 143. 
 
 Lyciscus, an archon, v. 226. 
 
 Lycon the Heracleote, a mer- 
 chant, v. 152160. 
 
 Lycurgus, one of the ambas- 
 sadors to Peloponnesus, who 
 arrested Philip's progress, i. 
 131; his speech against 
 Leocrates, ii. 9 (note), 320 
 (Appendix II) ; a principal 
 manager of the prosecution 
 against Aristogiton, iv. 56 
 87. 
 
 Lysander, commander of the 
 Lacedaemonians, in the naval 
 
INDEX. 
 
 battle at ^Egospotamos, iii. 
 
 231. 
 Lrysias the sophist, the son of 
 
 Cephalus, and a paramour of 
 
 Metanira, v. 244. 
 ^ysimachus, the son of Aris- 
 
 tides, rewarded for his good 
 
 conduct as a citizen with 
 
 public grants, iii. 41. 
 ^ysimachus, son of Lysippus, 
 
 v. 272. 
 
 yysinus, iv. 208. 
 l,ysippus of Crioa, v. 29. 
 .ysistratus of Thoricus, iv. 278. 
 L,ysistratus, a witness in behalf 
 
 of Ariston, in his action 
 
 against Conon, v. 177. 
 /ysithides, a wealthy Athenian, 
 
 iii. 117; iv. 4; chosen as 
 
 arbitrator between Callippus 
 
 and Pasion, v. 156. 
 
 M. 
 
 MACARTATUS, the son of Theo- 
 pompus, against whom an 
 action was brought by Sosi- 
 theus, v. 1 25. 
 
 Vtacartatus, the maternal uncle 
 of the preceding, of Pros- 
 palta, v. 24. 
 
 Macedonia, at one time held 
 in great contempt by the 
 Greeks, i. 122 ; and paid tri- 
 bute to the Athenians, i. 154. 
 
 Madytus, & town of the Cher- 
 sonese, ii. 39. 
 
 Maemacterion, the fifth Attic 
 month, containing the end 
 of November and the begin- 
 ning of December, ii. 21. 
 
 Magnesia, in Thessaly, taken 
 
 by Philip, i. 41 ; Philip pre- 
 vented from fortifying it by 
 the Thessalians, i. 43 ; gave it 
 back to the Thessalians, i. 85. 
 
 Manes, a slave of Arethusius, 
 v. 67. 
 
 Mantias, a citizen of the Aca- 
 mantian tribe and township 
 of Thoricus, and the father 
 ofMantitheus,iv. 252267. 
 
 Mantitheus, son of Mantias, 
 iv. 252267. 
 
 Marathon, name of a town and a 
 plain, about twenty-six miles 
 north-east of Athens, cele- 
 brated for the victory of the 
 Athenians over the Persians, 
 ii. 214 ; Philip made a de- 
 scent upon it, and carried off 
 the sacred galley, i. 68 ; the 
 battle of Marathon, i. 171 ; 
 ii. 80; iii. 22 6; thePlatseans 
 the only allies of the Athe- 
 nians at Marathon, v. 265 
 268. 
 
 Mardonius, his scymitar and 
 silver-footed throne pre- 
 served in the Acropolis, and 
 stolen by Glaucetes, iv. 34 ; 
 v. 265. 
 
 Maronea in Attica, noted for 
 its silver mines, iv. 226. 
 
 Maronea, in Thrace, the modern 
 Marogna, iii. 223 ; v. 136. 
 
 Maronites, compelled by the 
 Athenians to a judicial set- 
 tlement of their claims to 
 Sryme, i. 162 ; contemptu- 
 ous allusion to them, i. 223. 
 
 Massilia, the modern Mar- 
 seilles, iv. 149, 152, 153. 
 
384 
 
 INDEX. 
 
 Mastira, i. 108. 
 
 Mausolus, king of Caria, at- 
 tempts to annex Ehodes 
 to his dominions, i. 190; 
 Athenian embassy sent to 
 him, iv. 4. 
 
 Megaclides of Eleusis, v. 157. 
 
 Megalopolis, an Arcadian city, 
 near the frontiers of Laco- 
 iiia, i. 204 216 ; speech of 
 ^Eschines at, ii. 125. 
 
 Megara, v. 237274 ; Philip's 
 attempt to seize it, i. 119, 
 122 ; his near success, i. 
 134; ii. 32, 217. 
 
 Megarians killed Anthemo- 
 critus, i. 157 ; decrees passed 
 against them by the Athe- 
 nians, i. 174 ; asserted their 
 own dignity, iii. 231 ; mean 
 and illiberal, v. 248 ; Solon's 
 victory over them, v. 299. 
 
 Melanopus, son of Diophantus 
 the Sphettian, iv. 188. 
 
 Melanopus, an ambassador to 
 Mausolus, iv. 4 ; his offences 
 and deserts, iv. 34. 
 
 Melantus, an adversary and 
 slanderer of Demosthenes, 
 ii. 92. 
 
 Melita, an Attic demus, iv. 
 107, 132; v. 171, 208,209, 
 216, 247, 252, 255. 
 
 Melas, an island between Crete 
 and Peloponnesus ; a har- 
 bour for pirates, v. 233. 
 
 Menmon, a son-in-law of Arta- 
 bazus, iii. 215. 
 
 Mende, a town in the penin- 
 sula of Pallene, iv. 185, 189, 
 193, 197. 
 
 Menecles, a noted public in- 
 former at Athens, iv. 256, 
 258. 
 
 Menecrates, Epist. v. 358. 
 
 Menelaus, a commander of 
 cavalry, i. 67. 
 
 Menestheus, son of Philagrus 
 by Telesippe of (Eum, v. 
 14. 
 
 Menestheus, appointed com- 
 mander of a hundred ves- j 
 sels against the Macedonian 
 pirates, i. 223. 
 
 Menestratus, the Eretrian, a 
 friend of the Athenians, iii. 
 207. 
 
 Menexenus, the son of Polya- 
 ratus of Cholargus, iv. 268. 
 
 Menippus, an agent of Philip 
 in Oreus, i. 128. 
 
 Menippus, a Carian, iii. 124. 
 
 Meno, a general, the successor 
 of Autocles, iv. 217 ; v. 134. 
 
 Menon the Pharsalian, who \ 
 gave twelve talents for the 
 war at Eibn, i. 171; iii. 226. 
 
 Mentor, brother of Memnon, 
 son-in-law of Artabazus, iii. 
 215. 
 
 Messenians, sought the alliance 
 of Philip, i. 83; Demos- 
 thenes sent on an embassy 
 to them, i. 85 ; the sons of 
 Philiades brought back by 
 Alexander, i. 218. 
 
 Metanira, a prostitute, v. 244. 
 
 Methone (the modern Mod on), 
 a town in Messenia, besieged 
 by Philip, i. 40, 41. 
 
 Methone in Macedonia, v. 142. j 
 
 Miccalion, iv. 154. 
 
Micion, of Chollidse, v. 217 
 225. 
 
 Midias, a man of wealth, and 
 an enemy of Demosthenes 
 (the Oration against Midias), 
 v. 59137. 
 
 Midias, a relation of Conon, v. 
 172. 
 
 Midylides, son of Euthyma- 
 chus of Otryne, and brother 
 of Archiades, v. 26 32. 
 
 Midylides, son of Aristo teles 
 of Pallene, v. 29. 
 
 Miltiades, his unostentatious 
 style of living, i. 58 ; iii. 229. 
 
 Miltocythes, a Thracian chief, 
 i. 118 (note); iii. 201, 203; 
 betrayed to Charidemus by 
 Smicythion, and put to death 
 by the Cardians, iii. 218; 
 negotiated an alliance with 
 the Athenians, v. 132. 
 
 Milyas, a freedman of Demos- 
 thenes ; the foreman of his 
 father's business, iv. 98 ; 
 Demosthenes refuses to give 
 him up for examination by 
 torture, because he was 
 emancipated by his father 
 on his deathbed, iv. 120. 
 
 Minos, the king of Crete ; fa- 
 mous for his justice, ii. 53. 
 
 Mitys the Argive, of whom 
 Chabrias purchased a chariot 
 and four, with which he 
 won the race at the Pythian 
 games, v. 248. 
 
 Mnaseas, an Argive, a partisan 
 of Philip, ii. 106. 
 
 Mnesarchides, an assessor, v. 
 227. 
 
 INDEX. 385 
 
 Mnesarchides, a wealthy Athe- 
 nian, iii. 131. 
 
 Mnesibulus, brother-in-law of 
 Theophemus, v. 92. 
 
 Mnesibulus the Acharnian, 
 Epist. iii. 
 
 Mnesicles, an Athenian petti- 
 fogger, iv. 256. 
 
 Mnesicles of Colyttus, iv. 226. 
 
 Mnesilochus of Penthoidae, v. 
 141. 
 
 Mnesimache, the daughter of 
 Lysippus of Crioa, and wife 
 of Midylides the son of Eu- 
 thymachus, v. 29. 
 
 Mnesiphilus, the name of an 
 archon, incorrectly given, ii. 
 20 (note). 
 
 Mnesitheus of Alopece, a wit- 
 ness in favour of Demos- 
 thenes against Midias, iii. 93. 
 
 Mnesithides, the name of an 
 archon, not correctly given, 
 ii. 64 (note). 
 
 Mnesithides, son of Antiphanes 
 of Phrearrii an ambassador 
 with Demosthenes and others 
 to Philip, ii. 73. 
 
 Moeriades, iv. 100. 
 
 Moarocles, author of a decree 
 for the protection of mer- 
 chants, v. 233 ; prosecuted 
 by Eubulus for extortion, ii. 
 208 (note). 
 
 Molon, an archon, v. 132. 
 
 Molon, an actor, ii. 192. 
 
 Moschion, a colour-grinder, one 
 of Conon's servants, v. 104. 
 
 Munychia, a port of Athens, in 
 which was a temple of Diana, 
 ii. 45. 
 
 C 
 
386 
 
 INDEX. 
 
 Munychion, the tenth Attic 
 month, in which was held 
 the festival of Munichian 
 Diana, the latter part of 
 April and the beginning of 
 May, ii. 66; iv. 165. 
 
 Myronides, the son of Archinus, 
 iv. 36. 
 
 Myrrhinus, an Attic demus, 
 iii. 96 ; iv. 20, 162. 
 
 Myrtis, an Argive, ii. 106. 
 
 Myrtium, a town in Thrace, ii. 
 16. 
 
 Mysteries, the Eleusinian, i. 
 54; iii. 117; v. 244. 
 
 Mytilene, iv. 275. 
 
 1ST. 
 
 KAUCLIDES, betrayed Platasa to 
 the Thebans, v. 266. 
 
 Naucratis, an Egyptian city in 
 the Delta, iv. 1. 
 
 iNaupactus (the modern Le- 
 panto), a town at the en- 
 trance of the Corinthian 
 Gulf, i. 123. 
 
 Nausicles, an Athenian general, 
 often crowned for his libe- 
 rality to the state, ii 47, 
 48 ; v. 353. 
 
 Nausicles, an archon, not cor- 
 rectly given, ii. 72. 
 
 Nausicrates, father of Nausi- 
 machus and Xenopithes, iv. 
 246. 
 
 Nausicrates of Carystus, iv. 
 188. 
 
 Nausimachus, brother of Nau- 
 sicrates, iv. 243. 
 
 Nausinicus, an archon, iii. 
 153; v. 256. 
 
 Nausiphilus, son of the archon 
 
 Nausinicus, v. 256. 
 Naxos (the modern Naxia), the 
 
 largest of the Cyclades, i. 
 
 171 ; the scene of a victory 
 
 by Chabrias over the Lace- 
 demonians, i. 62 (note) ; iii. 
 
 226. 
 Nesera, a foreigner, a slave, and 
 
 a prostitute, v. 237274. 
 Nearchus, son of Sosinomos, 
 
 an ambassador to Philip, ii. 
 
 67. 
 ISTeo, son of Philiades, the 
 
 Messenian, ii. 107. 
 Neocles, the name of an 
 
 archon, incorrectly given, 
 
 ii. 33, 34. 
 Neones, a town in Phocis, ii. 
 
 162 (note). 
 Neoptolemus, a superintendent 
 
 of various works, ii. 46 ; a 
 
 man of great wealth, ii. 
 
 134. 
 Neoptolemus, a tragic actor, i. 
 
 76 (note) ; ii. 125 ; an agent 
 
 of Philip, ii. 215 ; i. 76. 
 Neptune, demanded justice of 
 
 Mars on behalf of his son, 
 
 Halirrhotius, iii. 189. 
 Nicarete, daughter of Damo- 
 
 stratus of Melita, v. 216. 
 Mcarete, a freedwoman of 
 
 Charisius the Elean, and a 
 
 procuress, v. 244. 
 Mcaea, a fortress commanding 
 
 the pass of Thermopylae i. 
 
 85. 
 Niceratus, son of Nicias, iii. 
 
 121 (note). 
 Niceratus of Acherdus, a wit- 
 
INDEX. 
 
 387 
 
 ness for Demosthenes against 
 Midias, iii. 122. 
 
 Niceratus, a witness for Ariston 
 against Conon, v. 177. 
 
 Niciades, son of Lysanias, v. 
 204. 
 
 NICIES, the herald of Philip, 
 imprisoned by the Athenians 
 for ten months, i. 156. 
 
 ISTicias, son-in-law of Dinias, 
 iv. 208 ; uncle of Stephanus^ 
 by whom he was deprived 
 of his patrimony, v. 63. 
 
 Nicias, the renowned Athenian 
 general, i. 57. 
 
 ISTicias, the archon, ii. 58 (note). 
 
 Nicias, the brother-in-law of 
 ^Eschines, ii. 207. 
 
 Nicidas, instituted a suit against 
 Xenopithes, iv. 250 (Appen- 
 dix II.), 309313. 
 
 Nicippus, a shipowner, v. 135. 
 
 Nicobulus, the defendant in 
 the action brought against 
 him by Pantaanetus, v. 222 
 243. 
 
 !Nlcocles, the guardian of Pa- 
 sicles, v. 55. 
 
 Nicodemus, killed by Aristar- 
 chus, the son of Moschus, 
 iii. 101. 
 
 Nicomachus, the son of Dio- 
 phantus, ii. 58. 
 
 .Nicophemus, an archon, v. 10, 
 71. 
 
 IvTicostratus, a foreigner, ad- 
 mitted to citizenship at 
 Athens by corrupt means, 
 v. 213. 
 
 Nicostratus, son of Niciades, v. 
 204, 
 
 Nicostratus, the brother of 
 Arethusius, v. 160169. 
 
 Nicostratus of Myrrhinus, a 
 witness for Demosthenes 
 against Midias, iii. 96. 
 
 jNmus, a priestess, convicted 
 by Menecles, iv. 256. 
 
 Notharchus, the arbitrator in 
 the* suit between Demos- 
 thenes and Aphobus, iv. 128. 
 
 O. 
 
 ODEUM, a building in Athens, 
 originally built by Pericles 
 for a music-hall but gene- 
 rally used for a law-court, v. 
 253, 254. 
 
 GEdipus received at Athens 
 when exiled from Thebes, 
 ii. 73. 
 
 OEnanthe, the mother of Sta- 
 tonicles, v. 11. 
 
 CEneus, the son of Bacchus, v. 
 285. 
 
 (Eneidae, the, v. 285. 
 
 CEneian tribe, ii. 49 ; iii. 86 ; 
 v. 81. 
 
 (Enomaus, king of Elis and 
 father of Hippodamia, ii. 72 
 (note). 
 
 (Etseans, the inhabitants of 
 (Etea, a town in Thessaly 
 in the upper valley of the 
 Spercheus, v. 267. 
 
 Olympian games, ii. 39 ; cha- 
 riot-race, iii. 114; foot-race, 
 v. 236 celebrated by Phi- 
 lip on the taking of Olym- 
 pus, ii. 176. 
 
 Olympichus, the son of Apol- 
 
 lodorus of Plothea, v. 208. 
 
 c c 2 
 
388 
 
 INDEX. 
 
 Olympiodorus, oration against, 
 
 v. 100113. 
 
 Olynthians, iii 202, 213; al- 
 liance with them voted by 
 the Athenians, i. 45 ; delay 
 in sending them aid, i. 47 ; 
 Olynthus taken through 
 treachery, i. 128; ii. 201; 
 Olynthian captives, ii. 212 ; 
 the Olympic games cele- 
 brated by Philip on the 
 capture of Olympus, ii. 
 176. 
 Onetor, the son of Philonides 
 
 of Melita,iv. 135148. 
 Onomarchus, the Phocian ge- 
 neral, defeated by Philip, ii. 
 216. 
 
 Ophiyaium, a town on the 
 Agiitic side of the Helles- 
 pont, iv. 164. 
 
 Opisthodomus, the inner cella 
 of the old temple of Minerva 
 at Athens, used as a treasury, 
 iv. 36. 
 
 Orchomenos, i. 79, 84; ii 160; 
 its re-establishment urged 
 by Demosthenes, i. 207, 214; 
 reduced to slavery by Philip, 
 ii. 151, 217; how treated 
 by the Thebans, iii. 38. 
 Orestes gained his cause against 
 the Furies in the Areopagus, 
 iii. 189, 191. 
 
 Oreus, a town in Euboea, be- 
 trayed to Philip, i. 104, 110, 
 128, 129, 134; rescued by 
 the Athenians, ii. 35, 165, 
 167 ; the Orites occupied a 
 fourth part of Euboea, iii. 
 232. 
 
 Orontes, satrap of Myria, i. 
 186 (note). 
 
 Oropus (the modern Skala), i. 
 87, 210, 212, 218, 314 (Ap- 
 pendix II.) ; iii. 87. 
 
 Orpheus, his saying concerning 
 justice, iv. 59. 
 
 P. 
 
 P^ONIANS, attacked by Philip, 
 
 i. 41. 
 
 Pagasse, a town in Thessaly, ii. 
 167 ; taken by Philip, i. 41 ; 
 its restitution demanded, i. 
 43, 48 ; the Pagassean bay, i. 
 158. 
 
 Palladium, a court for the trial 
 of involuntary homicide, 
 held in a temple of Pallas, i. 
 Ill, 190, 329 (Appendix 
 VIII.) ; v. 241. 
 Pammenes, the son of Pam- 
 menes of Erchea, a gold- 
 smith, iii. 71. 
 
 Pammenes, a general, iii. 223. 
 Pamphilus, the father of Plan- 
 gon, and maternal grand- 
 father of the younger Plan- 
 gon, iv. 272. 
 Pamphilus, the younger son of 
 
 Plangon, iv. 256. 
 Pamphilus of Ehamnus, iv. 
 
 301. 
 
 Pamphilus, a money-lender, 
 the plaintiff in the action 
 against Dionysodorus, v. 1 87 
 198. 
 
 Pamphilus, an Egyptian, a re- 
 sident alien at Athens, iii. 
 119, 122 (note). 
 Pamphilus, a fuller, v. 171. 
 
INDEX. 
 
 389 
 
 Panactus, a fortress on the 
 
 borders of Attica, ii. 218. 
 Panathensea, the, i. 69 ; ii. 48, 
 
 168; iii. 117; iv. 8, 9 ; v. 
 
 35, 245. 
 Pandia, the, a festival in honour 
 
 of Jupiter, iii. 66. 
 Pandion, the father of Procne 
 
 and Philomela, v. 284. 
 Pandionian tribe, so named 
 
 from Pandion, ii. 17 ; iii. 
 
 68, 88; iv. 8, 11, 20. 
 Pandosia, a town on the river 
 
 Acheron, in Epirus, i. 96. 
 Panemus, a Corinthian month 
 
 answering to the Athenian 
 
 Boedromion, ii. 95. 
 Pantsenetus, the plaintiff a- 
 
 gainst whom Demosthenes 
 
 composed the oration for 
 
 Nicobulus, iv. 219243. 
 Panticapceum, a town in the 
 
 Cimbric Chersonesus, iv. 
 
 195. 
 Parisades, king of Pontus, iv. 
 
 174. 
 Parmenio, a general sent by 
 
 Philip into Eretria, i. 128; 
 
 ii. 141 ; besieged Halus, ii. 
 
 167. 
 Parmeniscus, a merchant, v. 
 
 187198. 
 
 Parmeno, a Byzantine mer- 
 chant and an exile, iv. 159 
 
 169. 
 
 Parthenon, the temple of Mi- 
 nerva at Athens, i 174 ; iii. 
 
 143, 162 ; iv. 47. 
 Paseas, a witness in the action 
 
 brought by Ariston against 
 
 COD on, v. 177. 
 
 Pasicles, the son of Pasion the 
 banker, iv. 202, 209 ; v. 55. 
 
 Pasion, the father of Pasicles, 
 iv. 202219 ; v. 4375, 
 113129, 152160; pre- 
 sented the state with a 
 thousand shields, and was 
 five times trierarch, v. 66 ; 
 died in the arch on ship of 
 Dysnicetus, v. 71 ; a man of 
 great reputation in Greece, 
 v. 144. 
 
 Pasiphon, a physician, iv. 143. 
 
 Patrocles of Phlyus preferred an 
 indictment against Demos- 
 thenes, ii. 44. 
 
 Pausanias, king of Sparta, in- 
 scribed an arrogant distich 
 on the tripod at Delphi, v. 
 265. 
 
 Pausanias, v. 358. 
 
 Pella, the later capital of Ma- 
 cedonia, and birthplace of 
 Alexander the Great, i. 91 ; 
 ii. 31. 
 
 Pellene, a town in Achaia, de- 
 prived of its rights by Alex- 
 ander the Great, i. 220. 
 
 Pelopidas imprisoned by Alex- 
 ander of Pherse, iii. 204. 
 
 Peloponnesus, Philip's expedi- 
 tion against it opposed by 
 Demosthenes, i. 1 30 ; mea- 
 sures proposed by Demos- 
 thenes, ii. 35 ; state of Pe- 
 loponnesus after the battle 
 of Leuctra, ii. 14 ; remarks 
 upon it, ii. 351 (Appendix 
 VIII. ). 
 
 Peparethus, an island in the 
 ^Egean sea (the modern Kili- 
 
390 
 
 INDEX. 
 
 dhromia), v. 53 ; laid waste 
 by Philip, i. 160; ii. 32; 
 its wine, iv. 197. 
 
 Peparethians, seized on Halon- 
 nesus, i. 160. 
 
 Perdiccas, reigned in Mace- 
 donia during the Persian in- 
 vasion, and destroyed the 
 fugitives, for which he was 
 rewarded by the Athenians, 
 i. 172 (note); iii. 226. 
 
 Periander, son of Polyaratus 
 of Cholargus, iv. 268 ; his 
 law respecting navy-boards, 
 v. 83. 
 
 Pericles, his disinterested re- 
 gard for the public welfare, 
 i. 57 ; his cultivation of phi- 
 losophy, v. 298. 
 
 Peril aus of Megara, a traitor 
 despised by Philip himself, 
 ii. 25, 107 ; tried before the 
 Three Hundred, ii. 209. 
 
 Perinthians, related to the P>y- 
 zantines, ii. 39. 
 
 Perinthus (the modern Eski 
 Eregli, its name having been 
 changed to Heraclea in A. D. 
 400), i. 149, 152. 
 
 Perithoida3, an Attic demus, 
 v. 141. 
 
 Phaedimus, one of the Thirty 
 Tyrants, ii. 177. 
 
 Phsenippus, son of Calippus, iv. 
 290303 ; adopted by Phi- 
 lostratus the orator, iv. 300. 
 
 Phalerum, the original port of 
 Athens, ii. 21, 57 ; iii. 93 ; 
 v. 250, 255. 
 
 Phanastratus of Cephisia, v. 
 171. 
 
 Phanias of Aphidna, a witness 
 for Demosthenes, iii. 96. 
 
 Phano, a daughter of Nesera, 
 v. 249 ; called also Strybele, 
 and married to Phrastor, but 
 repudiated, v. 253. 
 
 Phanostrate, daughter of Stra- 
 tius of CEnoe, v. 8. 
 
 Phanostrate, a prostitute, iii. 
 156. 
 
 Phanus, a friend of Aphobus, 
 iv. 119, 125, 134. 
 
 Pharsalians, the, received Halus 
 from Philip, i. 151 ; ii. 132. 
 
 Phaselis (the modern Tekrova), 
 on the eastern coast of Lyria, 
 iv. 185 ; character of the in- 
 habitants, iv. 187, 193. 
 
 Phasis, a river in Pontus, be- 
 yond which the Amazons 
 were driven by the Greeks, 
 v. 279. 
 
 Phayllus, general of the Pho- 
 cians, iii. 207. 
 
 Pherae, in Thessaly, taken by 
 Philip,i. 96,110,117,134; 
 ii. 166. 
 
 Pherseans refused to join Phi- 
 lip, ii. 216. 
 
 Pherrhephattium, the temple 
 of Proserpine at Athens, v. 
 171. 
 
 Phertatus, a corn-merchant, the 
 partner of Protus, iv. 155. 
 
 Phidolaus of Ehamnus, iv. 301. 
 
 Phila, a prostitute, v. 244. 
 
 Philagrus, son of Eubulides, 
 v. 8. 
 
 Philagrus of Melita, v. 247. 
 
 Philammon, an Athenian boxer, 
 crowned at Olyrapia, ii. 1,13. 
 
INDEX. 
 
 391 
 
 Phileas of Eleusis, iv. 222, 226. 
 
 Philepsius of Lampra, iv. 35. 
 
 Philiades, tyrant of Messene; 
 his sons brought back (after 
 their expulsion) by Alexan- 
 der the Great, i. 218 (note). 
 
 Philinus, son of Mcostratus, a 
 colleague of Demosthenes in 
 the trierarchy, iii. 119. 
 
 Philip, king of Macedon, un- 
 scrupulous and clever, i. 38 ; 
 captured Amphipolis, Pydna, 
 Potidsea, and Methone, and 
 invaded Thessaly, i. 41 ; in 
 Thrace, besieging Herium, i. 
 53 ; his influence in Thes- 
 saly, i. 43 (note); intrigue 
 with the Athenians, i. 46 
 (note); fondness for sensual 
 indulgences and drollery, i. 
 49 (note) ; his energy and 
 untiring activity, i. 50, 62 ; 
 his possession of unlimited 
 power, without responsibi- 
 lity, ii. 88; his letters, i. 156 
 164; ii. 22, 34, 64, 67, 
 131. 
 
 Philip, the shipowner, iv. 36 ; 
 v. 117. 
 
 Philip, son of the preceding, in 
 danger of disfranchisement, 
 iv. 36. 
 
 Philip, a witness in the action 
 against Aphobus, iv. 119, 
 126. 
 Philippides,the trierarch, a rich 
 
 man, iii. 131, 134. 
 Philippides of Paeania, v. 227. 
 Philiseus, a native of Abydus, 
 iii. 210 (note) ; a deadly 
 enemy of Athens, iii. 227. 
 
 Philistides, an agent of Philip, 
 and appointed by him one 
 of the governors of Oreus, i. 
 107, 123, 128 ; ii. 32, 35. 
 
 Philo, the father-in-law of 
 ^Eschines, ii. 112. 
 
 Philochares, a brother of 
 ^Eschines, ii. 189. 
 
 Philocles, v. 353. 
 
 Philocrates, son of Ephialtes, 
 iii. 204. 
 
 Philocrates, the Agnusian, i. 
 83; ii. 14, 15; his treason 
 and flight, ii. 118, 126; ridi- 
 culed Demosthenes for being 
 a water-drinker, ii. 135 ; his 
 decree, ii. 136 ; boasted of 
 the gifts he had received 
 from Philip, ii. 151 ; terms 
 of peace proposed by him, ii. 
 161, 163; the colleague of 
 ^Eschines, ii. 175, 195; his 
 scandalous life, ii. 213. 
 
 Philocrates of Eleusis, his re- 
 semblance in character to 
 Aristogiton, iv. 68. 
 
 Philomela, daughter of Pan- 
 dion, and sister of Procne, 
 v. 284. 
 
 Philomelus of Pseania, iii. 123. 
 
 Philon, a Theban ambassador 
 to Philip, ii. 160. 
 
 Philondas, a Megarian by birth, 
 who resided at Athens, v. 
 120. 
 Philonicus prosecuted by Aris- 
 
 tophon, ii. 208. 
 Philonidas of Melita, iv. 107. 
 Philostratus, an orator, who 
 adopted Phaenippus, iv. 300. 
 Philostratus of Colonus, son of 
 
392 
 
 INDEX. 
 
 Dionysius, and the accuser 
 of Chabrias, iii. 87 ; his de- 
 position concerning Nesera, 
 v. 245 ; a friend of Lysias 
 the sophist, v. 244. 
 
 Philtiades, son of Ctesias of 
 Xypete, iv. 193 ; but else- 
 where called the son of Cte- 
 sicles, iv. 197. 
 
 Phlius, a Dorian state : the 
 Phliasians driven into exile, 
 and sought protection from 
 the Athenians, i. 66, 175 
 (note) ; 212 (note) ; ii. 47. 
 
 Phocians, unable to defend 
 themselves without the as- 
 sistance of the Athenians, i. 
 44 ; the Phocian War, ii. 
 14, 20, 23, 162, 164, 166, 
 170, 216223 (Appendix 
 I). 
 
 Phocides accused by Aristogi- 
 ton, iv. 66. 
 
 Phocion, general of the expe- 
 dition sent to Euboea, ii. 
 324 (Appendix II.); iii. 
 120. 
 
 Phocritus of Byzantium, chosen 
 as an arbitrator by Apaturius 
 and Parmeno, iv. 163. 
 
 Phoenicia conquered by the 
 king of Persia, i. 158. 
 
 Phormio, an orator, engaged 
 with Demosthenes to oppose 
 the law of Leptines, iii. 2. 
 
 Phorniio, a wealthy Athenian, 
 iii. 117. 
 
 Phormio, son of Cephisophon 
 of Piraeus, iv. 191. 
 
 Phormio, an agent, iv. 205. 
 
 Phormio, a banker, a freedman 
 
 of Pasion, of whom Demos- 
 thenes at different times was 
 accuser and advocate : one 
 oration for him, iv. 202 
 219 ; two orations against 
 him, those in which Stepha- 
 nus was nominally the de- 
 fendant, v. 43 75; Phormio 
 became an Athenian citizen, 
 in the archonship of Mco- 
 phemus, v. 71 ; employed 
 Stephanus as his commis- 
 sioner and advocate at By- 
 zantium, v. 61 ; married the 
 mother of Apollodorus, v. 
 46, 
 
 Phormio, a galley-piper, the 
 slave of Dion of Phrearrii, 
 ii. 55. 
 
 Phrasias, v. 153. 
 
 Phrasiclides, in whose archon- 
 ship the battle at Leuctra 
 was fought, v. 249. 
 
 Phrasierides of Anaphlystus, 
 v. 141. 
 
 Phrasierides, a rascal, iii. 227 ; 
 v. 123. 
 
 Phrastor, an Athenian citizen 
 of the ^Egilian township, v. 
 253. 
 
 Phrearrii, ii. 37, 48, 73. 
 
 Phreatto, a certain place in 
 Attica by the seaside, where 
 persons were tried who had 
 been exiled for involuntary 
 homicide, iii. 192, 329 (Ap- 
 pendix VIIL). 
 
 Phrynio, son of Demon, and 
 brother of Dernochares, v. 
 247. 
 
 Phrynon of Ehamnus (the 
 
INDEX, 
 
 393 
 
 modern Ovrio Castro), ii. 
 175, 178, 187. 
 
 Phyle (the modern Fill), a 
 strong fortress about ten 
 miles from Athens, ii. 21. 
 
 Phylomache, the daughter of 
 Hagnias, and wife of Phila- 
 grus, v. 13, 14. 
 
 Phylomache, wife of Sositheus, 
 and grand-daughter of the 
 preceding, v. 14. 
 
 Piraeus, the chief port of 
 Athens, ii. 108, 114, 204, 
 205, 208, 224 ; iii. 67 ; iv. 
 35; v. 195, 196, 233. 
 
 Pisistratids, i. 158, 218. 
 
 Pisistratus, iii. 114, 
 
 Pitholas, the Thessalian, de- 
 prived of his citizenship, v. 
 264. 
 
 Pittalacus, ii. 192. 
 
 Pitthus,iii. 87;iv.l91;v. 176. 
 
 Plangon, the wife of Mantias, 
 iv. 267, 268. 
 
 Platsea, destroyed after the 
 battle of Leuctra ; restored 
 by Philip after the battle of 
 Chaeronea, i. 208 (note) j ii. 
 127, 134, 217, 243 (Ap- 
 pendix I.). 
 
 Plato, v. 298. 
 
 Pleiads, the setting of, v. 137. 
 
 Pleistor, iv. 222, 226. 
 
 Plothea, the residence of Apol- 
 lodorus, v. 208. 
 
 Plutarch, sovereign of Eretria, 
 i. 75 (note) ; expelled by 
 Phocion, i. 128 (note). 
 
 Pnyx, an open semicircular 
 piece of ground opposite the 
 Areopagus, where the assem- 
 
 blies of the people were 
 commonly held, ii. 27, 339 
 (Appendix V.). 
 
 Polemo, the son of Hagnias, 
 v. 8. 
 
 Polyaratus of Cholargus, the 
 maternal grandfather of Man- 
 titheus, iv. 268 ; honoured 
 by the Athenians, and 
 possessed of a large estate, 
 273. 
 
 Polybius the historian, on 
 Grecian statesmen, ii. 343 
 (Appendix VI.). 
 
 Polycles, v. 131146. 
 
 Polycles, an archon, ii. 44. 
 
 Polycrates, the adviser of send- 
 ing a colony to Chersonesus, 
 i. 161. 
 
 Polycrates, son of Epiphron, an 
 ambassador to Philip, ii. 67. 
 
 Polycritus, son of Apemantus 
 of Cothocidae, an ambassador 
 to Philip, ii. 34. 
 
 Polyeuctus of Sphettus, an am- 
 bassador to Peloponnesus, i. 
 131. 
 
 Polyeuctus, a flatterer of 
 Midias, iii. 112. 
 
 Polyeuctus of Crioa, iv. 296. 
 
 Polyeuctus, a member of the 
 Thriasian township, iv. 281 
 290. 
 
 Polyeuctus, the stepfather of 
 Charidemus, v. 227. 
 
 Polysthenes, iii. 127. 
 
 Polystratus, a general of the 
 Athenians in the Corinthian 
 war, i. 66, received public, 
 rewards at the recommenda- 
 tion of Iphicrates, iii. 30. 
 
394 
 
 INDEX. 
 
 Polyzelus,- who struck a com- 
 mittee-man, iii. 77. 
 
 Polyzelus, an archon, iv. 138. 
 
 Pontus, the quarter from which 
 Athens was chiefly supplied 
 with corn, iii. 14. 
 
 Poseidon, the sixth month of 
 the Athenian year, the latter 
 half of December, and former 
 of January, iv. 138. 
 
 Posidippus, a pilot in the 
 trireme of Apollodorus, v. 
 143. 
 
 Posthmus, the port of Eretria 
 opposite Athens, i. 123 
 (note). 
 
 Potidsea (the modern Pinaka) 
 originally a Dorian city 
 colonized from Corinth, cap- 
 tured by Philip, i. 40 ; iii. 
 23 ; given up by Philip to 
 the Olynthians, i. 37, 46, 
 85, 92 ; iii. 202. 
 
 Praxicles, a trierarch, v. 
 141. 
 
 Probalinthus, the residence of 
 Theogenes, iv. 108 ; of Eu- 
 bulus, v. 252 j of Hippo- 
 crates, v. 272. 
 
 Procles, " a dirty blackguard," 
 iv. 240. 
 
 Procne, daughter of Pandion, 
 v. 284. 
 
 Proconnesus (the modern Mar- 
 mora), an island near the 
 Hellespont, ii. 109 ; the in- 
 habitants sought the aid of 
 the Athenians, v. 132. 
 
 Promachus, a witness for 
 Bceotus, iv. 273. 
 
 Protomachus, v. 209. 
 
 Protus, an importer of corn, iv. 
 154. 
 
 Proxenus, the reputed son of 
 Nesera, v. 249. 
 
 Proxenus, an Athenian general, 
 ii. 136, 141, 164. 
 
 Proxenus, or public friend of 
 the State ; the term defined, 
 i. 97 (note). 
 
 Pteleum, a town near the Pa- 
 gassean Gulf, i. 98. 
 
 Ptoeodorus of Megara, a partisan 
 of Philip, ii. 107 ; a man of 
 wealth, birth, and reputation, 
 ii. 210. 
 
 Pyanepsion, the fourth month 
 of the Attic year, corre- 
 sponding to the latter part of 
 October, and the former of 
 November, ii. 49. 
 
 Pydna, a town of Pieria, cap- 
 tured by Philip, i. 40. 
 
 Pylades, a banker, iv. 96. 
 
 Pylse, v. Thermopylae. 
 
 Pyrrhus, the Eteobutad, iii. 125 
 (note). 
 
 Pytheas, v. 352. 
 
 Pythian games, the,ii. 39, 156 ; 
 i. 79, 122. 
 
 Python of Byzantium, an able 
 speaker and diplomatist, i. 
 94 (note) j ii. 57 ; v. 344. 
 
 Python of ^nos, one of the 
 murderers of Cotys, iii. 204, 
 207, 217. 
 
 Pythocles, son of Pythodorus, 
 ii. 103, 186, 215. 
 
 Pythodorus, v. 171. 
 
 Pythodorus of Cedse, v. 79. 
 
 Pythodorus of Acharnae, v. 138. 
 
 Pythodotus, an archon, v. 106. 
 
INDEX. 
 
 395 
 
 R 
 
 EHADAMANTHUS, ii. 53. 
 Rhamnus, an Attic demus, ii. 
 
 18, 21 ; iv. 301. 
 Rhodians, oration on the liberty 
 
 of the, i. 189 203. 
 
 S. 
 SADOCUS, son of Sitalces, king 
 
 of the Odrysse, i. 159 (note). 
 Salamis (the modern Kuluri), 
 
 an island between the 
 
 coasts of Attica and Megaris, 
 
 i. 171; ii. 48, 80,214; iii. 
 
 225, 226. 
 Samos, garrisoned by Cypro- 
 
 themis, and delivered by 
 
 Timotheus, i. 194; iii. 89, 
 
 114. 
 
 Sannio, a choir-master, iii. 85. 
 Satyrus, superintendent of the 
 
 arsenal, iii. 158. 
 Satyrus of Alopece, brother of 
 
 Lacedsemonius, v. 251, 252. 
 Satyrus of Melita, father of 
 
 Diphilus, v. 255. 
 Satyrus, a banker, iv. 211. 
 Satyrus, a comic actor ; anec- 
 dote respecting him, ii. 176 
 
 (note). 
 
 Saurius of Lampra, v. 251, 252. 
 Scepsis (the modern Eskiupsi), 
 
 a town in Mysia on the 
 
 ^Esepus, not far from Troy, 
 
 iii. 214. 
 Sciathus (the modern Skiatho), 
 
 an island off the coast of 
 
 Thessaly, i. 68, 107. 
 Scione, a town in the peninsula 
 
 of Pallene, iv. 185, 189. 
 Scironides, v. 223. 
 
 Scirophorion, the twelfth Attic 
 
 month, the latter part of 
 
 June and the former of July, 
 
 ii. 72, 138; iii. 94; iv. 5, 
 
 138. 
 Sciton, an Athenian, fined for 
 
 proposing illegal measures, 
 
 iii. 125. 
 Scyrus (the modern Skyro), so 
 
 called from its .ruggedness, 
 
 an island east of Euboea, i. 
 
 90 ; v. 153. 
 Scythes, son of Harmateus of 
 
 Cydathseneum, v. 47. 
 Selymbria (the modern Silivri), 
 
 a colony of the Megarians, i. 
 
 199 ; besieged by Philip, ii. 
 
 34. 
 Serthium, a fort in Thrace, i. 
 
 97, 118, 134. 
 Sestus, a town in Chersonese, 
 
 i. 39; iii. 216, 221; v. 135. 
 Sicily, a great slaughter of the 
 
 Athenians, iii. 17 ; v. 208 ; 
 
 Sicilian vessels, v. 190. 
 Sicyon ; the exiles restored 
 
 by Alexander the Great, i. 
 
 222 ; ii. 25 ; white mules, iii. 
 
 117. 
 Sigeum, an ^Eolian colony, i. 
 
 51. 
 
 Simon, a Thracian, brother-in- 
 law of Amadocus, iii. 171, 
 
 172. 
 
 Simulus, a player, ii. 97. 
 Simus of Anagyrus, one of the 
 
 ambassadors to Philip, ii. 66. 
 Simus of Larissa, ii. 25 ; came 
 
 to Athens with I^esera, v. 245; 
 
 also to Thessaly and Mag- 
 nesia, v. 268. 
 
396 
 
 INDEX. 
 
 Sinope, a prostitute, iii. 156; 
 v. 271. 
 
 Siphnians the inhabitants of 
 Siphnos, a small island in. 
 the ^Egean Sea ; their name 
 used as a term of contempt, 
 i. 175. 
 
 Sitalces, king of Thrace, i. 159 
 (note). 
 
 Smicron, an Athenian ; fined 
 ten talents for proposing il- 
 legal measures, iii. 125. 
 
 Smicythion, a Thracian ; be- 
 trayed Miltocythes to Chari- 
 demus, iii. 219. 
 
 Smycythas accused byEubulus, 
 ii. 175. 
 
 Socles, a banker, iv. 211. 
 
 Socrates, of Oraea, an agent of 
 Philip, i. 128. 
 
 Socrates, " a ranting player," ii. 
 97. 
 
 Socrates, a banker, iv. 211. 
 
 Socrates, the philosopher ; his 
 influence over Alcibiades, v. 
 298. 
 
 Socratidas, an archon, v. 115, 
 124, 248. 
 
 Solon, the lawgiver ; his re- 
 gard to popular rights ; frag- 
 ment of his Elegiacs, ii. 10, 
 ii 196 ; justly eulogized for 
 good laws, iv. 53 ; his statue 
 at Athens, ii. 194; (note) iv. 
 86 ; a saying of his on fe- 
 male influence, v. 112; his 
 renown, v. 299 ; i. 61. 
 
 Solon, an obscure man, v. 61. 
 
 Solon, of Erchia, an arbitrator 
 chosenbyMautitheus,iv.270. 
 
 Sophilus, a pancratiast, iii. 89. 
 
 Sophocles ; quotation from his 
 Antigone, ii. 193. 
 
 Sosicles, an enemy of Demos- 
 thenes, ii. 92. 
 
 Sosinomos, a banker, iv. 216. 
 
 Sosistratus, a partisan of Philip 
 in Euboea, ii. 107. 
 
 Sositheus, father of Eubulides, 
 v. 125. 
 
 Sostratus, son of Philip of 
 Hestrasa, iv. 193. 
 
 Sostratus, a pirate, expelled 
 from Peperethus by Philip, 
 i. 161. 
 
 Sotades, the Cretan ; a para- 
 mour of Ne03ra, v. 269. 
 
 Spartans, severe military disci- 
 pline of the, i. 120 (note). 
 
 Sphettus, a town in Attica, 
 connected with Athens by 
 the Sphettian Way, ii. 73'; 
 iii. 92, 106, 122; iv. 189, 191. 
 
 Spintharus, son of Eubulus, v. 
 171. 
 
 Spintharus, who purchased the 
 house of Cleinomachus, v. 
 249. 
 
 Spudias, the defendant in an 
 action brought against him 
 by the husband of one of 
 the daughters of Polyeuctus, 
 Spudias himself having mar- 
 ried the other, v. 281 290. 
 
 Stephanus, son of Menecles of 
 Acharnae ; an action brought 
 against him by Apollodorus 
 the son of Pasion, v. 43 
 75. 
 
 Stephanus, of Eraeadaa ; a para- 
 mour of JSTesera, v. 249274. 
 
 Strabax, a friend of Iphicrates, 
 
INDEX. 
 
 397 
 
 the Athenian general, and 
 
 publicly rewarded for his 
 
 sake, iii. 30. 
 
 Strammenus,anArgive, a State- 
 friend of the Heracleotes, v. 
 
 155. 
 Stratius, son of Buselus of 
 
 (Eum, v. 7, &c. 
 Straton, the Phalerean, iii. 93; 
 
 disfranchised and ruined, 95. 
 Straton, a son of Buselus of 
 
 CEum, v. 7. 
 
 Stratocles of Amphipolis, i. 40. 
 Stratocles, a " smooth-tongued " 
 
 fellow, iv. 240. 
 Strabola, a prostitute, v. 244. 
 Strybele, also called Phano, 
 
 daughter of Neaera, v. 253 ; 
 
 married theKingArchon,272. 
 Stryme, a Thasian colony, but 
 
 claimed by the Maronites, i. 
 
 162 (note), v. 136. 
 Strymodorus, a banker in M- 
 
 gina, who gave his wife to 
 
 Hermans, his own slave, iv. 
 
 211. 
 Styra, a town in Eubrea, iii. 
 
 121. 
 
 Suniuni, one of the most im- 
 portant fortresses in Attica, 
 
 ii. 57 ; iii. 106, 122. 
 Syracuse ; the Syracusans for 
 
 a long time a free people, 
 
 iii. 56 ; iv. 155. 
 Syrus, a slave, v. 67. 
 
 T. 
 TAMYN^;, a town in Euboea, 
 
 iii. 119 (note). 
 Tanagra, a town in Bceotia, ii. 
 
 40. 
 
 Tarentum ; its affairs ably con- 
 ducted by Archytas, v. 298. 
 
 Taureas slapped on the cheek 
 by Alcibiades, iii. 114. 
 
 Taureas, v. 350. 
 
 Teledamus, an Argive, and a 
 witness for Demosthenes, 
 ii. 106. 
 
 Teledamus, son of Cleon, a 
 partisan of Philip, ii. 106. 
 
 Telemachus, a mine proprietor 
 in the district of Maronea, 
 iv. 222. 
 
 Telephanes, a flute-player, iii. 
 69. 
 
 Telesippe, the second wife of 
 Phelagrus and mother of 
 Menestheus, v. 14. 
 
 Telestus, iii. 57. 
 
 Tenedos, v. 143, 228. 
 
 Tenos, seized by Alexander of 
 Pherse, and its people re- 
 duced to slavery, v. 132. 
 
 Teres, a prince in the interior 
 of Thrace, i. 158 (note), 160. 
 
 Tereus, brother of Pandion, 
 punished by Procne and 
 Philomela, v. 284. 
 
 Teristasis, a place in the Cher- 
 sonese, captured by Diopi- 
 thes, i. 157 (note). 
 
 Thargelia, a festival in honour 
 of Apollo and Diana, iii. 67, 
 306 (Appendix VI.). 
 
 Thargelion, the eleventh month 
 of the Attic year, from the 
 middle of May to the middle 
 of June, ii. 66 ; iii. 94. 
 
 Tharrex, accused by Eubulus, 
 ii. 175. 
 
 Thasus, an island (the modern 
 
398 
 
 JNDEX. 
 
 Thaso) off the coast of Thrace, 
 iii. 22; iv. 197; i. 93, 68. 
 
 Thebans, obtained Orchomenes 
 and Coronea from Philip, i. 
 79 ; betrayed by Timolaus, 
 ii. 25 ; some of them parti- 
 sans of Philip, ii. 107 ; ex- 
 pelled by the Athenians 
 from Euboea, iii. 144 ; ob- 
 tained possession of Platsea 
 by treachery, but defeated 
 by the Platreans, v. 266; 
 their proverbial stupidity, i. 
 78 (note) ; their ferocity, iii. 
 38 ; their attempt to crush 
 the Lacedaemonians thwarted 
 by the Athenians, ii. 41 ; an 
 alliance with the Athenians 
 against Philip effected by 
 Demosthenes, ii. 86. 
 
 Themison and Theodoras, rulers 
 of Eretria, seized upon Oro- 
 pus, ii. 42. 
 
 Theniistocles, defeated the Per- 
 
 . sians at Salaniis, ii. 80 ; re- 
 stored the walls of Athens, 
 iii. 26 ; banished for corre- 
 spondence with the Mede, iii. 
 227. 
 
 Theocles, a banker, v. 164. 
 
 Theocrines, oration against him, 
 v. 217237. 
 
 Theodoris, a poisoning woman, 
 iv. 77. 
 
 Theodorus, a tragic actor, ii. 
 192. 
 
 Theodorus of Euboea, ii. 42. 
 
 Theodorus, the Phoenician, a 
 money-lender, iv. 173. 
 
 Theodotus, a denizen, iv. 177 
 
 , (see iii. 253). 
 
 Theogenes, son of Andromenes, 
 v. 171. 
 
 Theogenes of Cothocidse, king- 
 archon, v. 258, 261. 
 
 Theogenes of Probalinthus, iv. 
 108. 
 
 Theogiton, a Theban, a partisan 
 of Philip, ii. 107. 
 
 Theoninestris of Athmonia, 
 son-in-law of Apollodorus, 
 v. 243 ; v. 59. 
 
 Theophilus, an archon, iv. 226. 
 
 Theopompus, father of Macar- 
 tatus, v. 6. 
 
 Theoteles, iv. 302. 
 
 Theotimus, v. 171. 
 
 Theoxenus of Alopece, iv. 157. 
 
 Theoxotides, a choir-master, iii. 
 86. 
 
 Theramenes, v. 356. 
 
 Therippides, of the township 
 of Pasama, an early friend 
 of the father of Demosthenes, 
 iv. 94. 
 
 Thersagoras, one of the mur- 
 derers of Philiscus, tyrant 
 of Lampsacus, iii. 211. 
 
 Theseus ; his temple, the The- 
 seum, nearly perfect at the 
 present time, and used as a 
 national museum, ii. 54 ; 
 united the inhabitants of 
 Attica in one city and esta- 
 blished democracy, v. 259. 
 
 Thespia3, a town in Boeotia, 
 situated at the foot of Heli- 
 con, i 87,214; ii. 127. 
 
 Thessalians, treacherous, i. 43 ; 
 iii. 203 ; Philip promised to 
 surrender Magnesia to them, 
 and to undertake the Phocian 
 
INDEX. 
 
 399 
 
 War on their behalf, i. 46 ; 
 after freeing them from these 
 tyrants he imposed on them, 
 first a tetrarchy, and then a 
 decadarchy, i. 86 ; an em- 
 bassy to them proposed by 
 Demosthenes to withdraw 
 them from their alliance 
 with Philip, i. 48 ; they ex- 
 pelled Amyntas, the father 
 of Philip, from Macedonia, 
 iii. 203. 
 
 Theodosia (the modern Caffa) 
 a port in the Tauric Cherso- 
 nese, and a place of consider- 
 able trade, especially in corn, 
 now as it was in the time of 
 Demosthenes, iii. 15. 
 
 Thoas, an agent of Philip in 
 Oreus, i. 128. 
 
 Thoricus (the modern Theriko), 
 occupied by the Athenians 
 in the Peloponnesian War, 
 iv. 257, 258, 265, 278 ; iii. 
 92, 106. 
 
 Thracians, not their practice to 
 put one another to death, iii. 
 219 ; Philip displaced some 
 of their kings and established 
 others, i. 41 ; destroyed 
 thirty- two cities, i. 121 ; 
 measures proposed by De- 
 mosthenes to protect the 
 Thracians against Philip, ii. 
 1 6 ; state of Thrace after the 
 death of Cotys, iii. 171. 
 
 Thraso, the person at whose 
 house ^schines met Philip's 
 spy Anaxinus, ii. 57. 
 
 Thrasybulus of Colyttus, twice 
 imprisoned, iv. 35 (note). 
 
 Thrasybulus of Stiria, who oc- 
 cupied the PiraBUs till the 
 Thirty Tyrants were expelled 
 and a popular government 
 restored to Athens, ii. 204. 
 
 Thrasybulus, son of the pre- 
 ceding, ii. 205.' 
 
 Thrasybulus, the uncle of "Ni- 
 ceratus, ii. 208. 
 
 Thrasybulus, a noted orator, 
 before the time of Demos 
 thenes, ii. 84. 
 
 Thrasylaus, a Thessalian traitor, 
 ii. 106. 
 
 Thrasyllus of Eleusis, v. 157. 
 
 Thrasylochus of Anagyrus, the 
 brother of Midias, iii. 61, 
 91; iv. 116; v. 143. 
 
 Thrasylochus, probably a mo- 
 ney-lender, v. 138. 
 
 Thrasylochus, a Messenian, son 
 of Philiades, a partisan of 
 Philip, ii. 107. 
 
 Thrasymedes, son of Dio- 
 phantus the Sphettian, iv. 
 188. 
 
 Thratta, a female servant of 
 Nea3ra, v. 248. 
 
 Three Hundred, The, a select 
 body of the wealthiest citi- 
 zens of Athens, elected to 
 superintend the management 
 of the property-tax; i. 301 
 (Appendix IV.), 52, 170 ; ii. 
 209,210; iv. 294, 301. 
 
 Thucritides, the grandfather of 
 Euxitheus, v. 204. 
 
 Thucritides, nephew of the pre 
 ceding, v. 204. 
 
 Thucritus, the father of Euxi 
 theus, v. 209. 
 
400 
 
 INDEX. 
 
 Thucydides, mentioned as a 
 statesman in connexion with 
 Demosthenes, v. 224 ; an in- 
 dictment preferred against 
 him by Theocriiies, v. 228. 
 
 Thyestes, the subject of a tra- 
 gedy, ii. 221. 
 
 Thyrncetada3, iv. 197. 
 
 Tigranes, ambassador of the 
 Persian king, i. 194. 
 
 Tilphossaeum, a town in Phocis, 
 made over by Philip to the 
 Thebans, ii 160, 162. 
 
 Timagoras, an Athenian, am- 
 bassador to the Court of 
 Persia, condemned to death 
 by the people, ii. 130 (note) ; 
 deceived the Persian king, 
 ii 159 ; accused by his co- 
 ambassador Leon, ii. 175. 
 
 Timanoridas, a Corinthian, one 
 of Neasra's paramours, v. 246, 
 247. 
 
 Timarchus, an accuser of ^Eschi- 
 nes, ii. 119, 123; prose- 
 cuted by ^Eschines, ii. 188 
 (note), 191, 194; the decree 
 proposed by him, ii. 206. 
 
 Timocrates, the oration against 
 him, iv. 1 54 ; the law 
 moved by him contrary to 
 the existing laws, iv. 11 ; 
 the law itself, iv. 18 ; its 
 inconsistencies pointed out, 
 iv. 19 ; a mercenary of Mi- 
 dias, iii 112; treasurer with 
 Androtion, iv. 30, 127, 273, 
 280. 
 
 Timocrates, an archon, iv. 137, 
 138, 144. 
 
 Timocrates of Melita, v. 209. 
 
 Timodemus, a banker, iv. 211 ; 
 obliged to settle with his 
 creditors, iv. 216. 
 
 Timolaus, betrayed Thebes, ii. 
 25. 
 
 Timomachus accused by Apol- 
 lodorus, the son of Pasion, ii. 
 172;iii.203;iv.217;v.l35. 
 
 Timosthenes of ^Egilia, a part- 
 ner with Phormio, v. 120. 
 
 Timotheus, son of Conon, a dis- 
 tinguished general, advised 
 sending troops to Euboea, to 
 expel the Thebans, i. 113 
 the Macedonian power em- 
 ployed in his time as a help 
 against the Olynthians, i. 
 48; took Corcyra, i. 171 ; iii. 
 226 ; sent to assist Ario- 
 barzanes, and delivered Sa- 
 nios, i. 194 ; received public 
 honours, iii. 31 ; chosen to 
 succeed Iphicrates, iii 213 ; 
 possessed of large property, 
 iv. 94 : sued for a debt by 
 Apollodorus, son of Pasion 
 the banker, v. 1 1 3129 ; de- 
 posed from his command, v. 
 116; entered the service of 
 the Persian king, v. 119; 
 his intimacy with Isocrates, 
 v. 298 ; visited by Alcetas 
 and Jason, v. 119. 
 
 Tiristasis, a town in Thrace, its 
 inhabitants carried off for 
 slaves by Diopithes, i. 157. 
 
 Tisias, the father of the plaintiff 
 against Callicles, v. 181. 
 
 Tisias of Acharnae, chosen arbi- 
 trator between Apollodorus 
 and Phormio, v. 48. ^ 
 
INDEX. 
 
 401 
 
 Tisius, the brother of Iphicrates, 
 
 iii. 87. 
 Tomarus, a mountain near the 
 
 Oracle of Dodona, on which 
 
 was a temple to Jupiter, iii. 
 
 83 (note). 
 Triballi, the name given to a 
 
 set of dissolute men at 
 
 Athens, v. 178. 
 Tricaranum, a fortress on the 
 
 Phliasian territory, i. 212, 
 
 (note). 
 Triphylia, a small garrison in 
 
 the Cyparissian Bay, i. 211 
 
 (note 3). 
 Trireme, the Athenian ship of 
 
 war, i. 64 (note). 
 Troezen, the capital of a small 
 
 district in the south-east 
 
 angle of Argolis, v. 245. 
 Trojan War, The, ii. 221 ; v. 280, 
 
 285. 
 Troines, the father of ^Eschines, 
 
 called by him Atrornetus, ii. 
 
 54, 55. 
 Tyrants, the Thirty, iii. 7 (note 
 
 3); iv. 16, 17. 
 
 X. 
 
 XENIPPUS, proposed as arbi- 
 trator by Mantitheus, but 
 rejected by Boeotus, iv. 277. 
 
 Xennis, a female slave of Ne- 
 sera, v. 272. 
 
 Xeno, a money-lender, iv. 207, 
 213. 
 
 Xenoclides, an Athenian poet, 
 liauislicd by Philip from 
 Macedonia, for receiving 
 
 Hegesippus and his co-am- 
 bassadors, ii. 219 ; a para- 
 mour of Neaera, v. 245 de- 
 prived of his franchise, v. 
 246. 
 
 Xenopithes, the son of Kausi- 
 erates, against whom an 
 action was brought by the 
 sons of Aristsechmus, iv. 243 
 251. 
 
 Xenopithes, the uncle of the 
 preceding, iv. 250. 
 
 Xenophron, son of Phsedimus, 
 one of the Thirty, enter- 
 tained ^Eschines and his co- 
 ambassadors, ii. 177. 
 
 Xerxes, his invasion of Greece, 
 v. 265 ; his silver-footed 
 throne preserved in the 
 Acropolis, iv. 34. 
 
 Xuthus, a trader, iv. 96. 
 
 Xypete, the residence of Phil- 
 tiades, son of Ctesias or 
 Ctesicles, iv. 193, 197. 
 
 Z. 
 
 ZELEA, a town in Mysia, the 
 residence of Asthmius, son 
 of Pythonax, who was out- 
 lawed for bringing Median 
 gold into Peloponnesus, i. 
 125 (note) ; ii. 202. 
 
 Zenon of Phlyus, an Areopa- 
 gite. 
 
 Zenothemis of Syracuse, an 
 agent of Hegestratus, a ship- 
 owner, iv. 148 158. 
 
 Zobia, a female with whom 
 Aristogiton cohabited, and 
 treated basely, iv. 71. 
 
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