u^ REESE LIBRARY UNIVERSITY OF CALIFORNIA. Rtceired jj^t/t^ jSN'^ / Aanuoin .W.^^lt.:^^^ Shelf No..J.S^.L.'f.. Digitized by the Internet Arciiive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/demosthenesagainOOdemorich DEMOSTHENES AGAINST ANDROTION AND AGAINST TIMOCRATES. Ronton: C. J. CLAY, M.A. AND SON, CAMBKIDGE UNIVERSITY PllESS WAEEHOUSE, 17, Patebnoster Kow. Camljntgf: DEIGHTON, BELL, AND CO. leipjig: F. a. bkockhaus. DEMOSTHENES AGAINST ANDKOTION AND AGAINST TIMOCMTES INTRODUCTIONS AND ENGLISH NOTES WILLIAM WAYTE, M.A. LATE PROFESSOR OF GREEK, UNIVERSITY COLLEGE, LONDON ; FORMERLY FELLOW OF KING's COLLEGE, CAMBRIDGE, AND ASSISTANT MASTER AT ETON. V- OF THE ^ ^ NIVERSITYJ EDITED FOR T^S^^^^jJ^PQ^^;?® wfe^KSiTT PRESS. CAMBRIDGE : AT THE UNIVERSITY PEESS. 1882 [All nights reserved.] PRINTED BY C. J. CLAY, M.A. AND SON, AT THE UNIVERSITY PRESS. PA -h^^l IN . MEMOEIAM FEATEIS . VNICI . DILECTISSIMI CVIVS . MORBO . INTERRVPTVM INTER . DESIDERIA . SVPERSTITVM . ABSOLVTVM NVNC . TANDEil . PRODIT • OPVSCVLVM. PEEFACE. Of the two Speeches included in this volume, the shorter, Against Androtion, has never yet been separately edited in England. The only separate edition of it appeared just fifty years ago in Germany, that of C. H. Funkhaenel, with Latin notes, Leipzig, 1832. The other and longer speech. Against Timo- crates, has not been separately edited at all ; though its composite character, and the uncertainty how far in its extant form it corresponds with the speech actually delivered, have given it a prominent place in recent critical discussions. A tolerably clear field is thus open, it has been thought, for an edition with an English commentary ; and the close connexion of the two speeches both in subject-matter and treat- ment, extending even to the repetition of whole passages with only slight alterations, has suggested the dual arrangement here adopted. It is proposed that the twin speeches now published shall be followed, as soon as other tasks permit, by the Aristocrates, a speech of equal importance and W.D. b viii PREFACE. equally (it might be said unaccountably) neglected in this country. A further inducement to the selection of these speeches has been the desire to familiarise the English student with their many rich illustrations of the principles and practice of Attic Law. This is a subject to which the Editor has been led to devote special attention in connexion with the new edition, now preparing, of Dr William Smith's Dic- tionary of Antiquities. Had the available English aids to this study been more recent than they are, they could not compete in freshness and interest with the exploration of the original sources in writings which are not only perfect models of Attic style and forensic acumen, but examples, taken from real life, of causes that have actually been fought out in Attic law-courts \ The Editor is not without hope that this book may fall into the hands of men who, while they have become trained lawyers, have not lost all their interest in their early studies, especially on kindred subjects. To such men it is possible that some of the analogies (whether by way of comparison or contrast) with English law, here ventured on by one who has only studied that law as a citizen, may appear fanciful or overstrained. From such men he will thankfully accept correction. 1 'It is not from mere dictionaries of antiquities, nor from lexicons, however good, that such questions and practices of the Attic law can be fully understood.' Paley and Sandys, Pref. to Select Private Orations, pt. i. PREFACE. ix At the suggestion of the Syndics of the University Press the same general plan has been adopted, with some modifications, as in the Select Private Orations of Messrs Paley and Sandys. This has involved the selection of Dindorf s text in the Teubner series, taken from his third and latest edition (1855). Those teachers who may wish to place the text only in the hands of their class will thus be enabled to do so at a trifling cost\ The editions of which the various readings are given, are (1) the Zurich edition of Baiter and Sauppe, 1850, (2) Bekker's last or stereo- type edition, 1854, and (3) that of Benseler, 1861. Within the limits of these texts the true reading, it is believed, will (except in the few corrupt passages where the MSS. fail us) generally be found. Benseler himself gives in his foot-notes a collation of the Zurich text (for which his symbol is BS = Baiter and Sauppe, in this edition Z), Bekker's Berlin edition of 1824 (B), his stereotyped text of 1854 (b), and Din- dorf (D). These foot-notes have proved of material aid in the preparation of the list of various readings here given, but have not been implicitly followed : the Zurich text, which also notes its own variations from Bekker's Berlin edition, has been collated inde- pendently. It has not been thought necessary to go thirty years further back, and give the readings of either of Bekker's early editions, Oxford, 1822, and 1 The Teubuer text of Demosthenes and the other orators may be obtained in parts as well as volumes. The Androtion is in Vol. II. pt. I., the Timocrates in part ii. of the same volume. X PREFACE. Berlin, 1824. As a textual critic, Bekker deserves especially to be judged by his latest and best work. Those who are familiar with his text of Plato, which he never revised, will know how much he left to be done by later editors in the way of selections from his own vast apparatus of various readings, and discrimi- nating deference to the best MSS. : other authors, such as Thucydides and Demosthenes, he went on polishing and improving until he had arrived at his final results, and then stereotyped them. It is not denied that Bekker, in the text as here exhibited, is too often carried away by excessive admiration for the Parisian MS. S (or S) ; several instances are pointed out in the notes ; but he is at least more indepe^ident than the Zurich editors ; and the best corrective of the occasional vagaries of both texts is, in my opinion, the judgment of Dindorf, more robust and self-reliant still \ Apart, therefore, from the convenience of the Teubner series for general use, Dindorf's edition, though not, as Messrs Paley and Sandys point out, claiming the authority of a textus receptus, is perhaps the nearest approach to it I Benseler's text is a curiosity, but it has nevertheless been thought worth 1 Instances of Dindorf's happy audacity occur T. 31, where he alone retains adeiau tov fx-q tl iradelv in place of the tasteless rod tl iradeiv : T. 141 irXelu : T. 152 Tavrri : T. 156 dr) for dv. In one or two places regard for Attic usage has compelled me to protest against the reading of all four editors : e.g. dv^ax'^ade A. 68 for the Tju^axeade of old edd., including the Oxford Bekker, and all MSS. except 2. 2 The new edition by H. Weil unfortunately stops, at present, just short of these speeches : the two volumes published extend as far as Or. xxi. PREFACE. xi preserving. After the humorous protest of Shilleto's preface to the de Falsa Legatione^ it might be thought that the Zurich editors could hardly be outdone in devotion to MS. iS : but Benseler has accomplished this feat. Of his few notes, no small proportion is occupied in finding reasons, more or less ingenious, for following ^ when it leads him like an ignis fatuus into a quagmire*. In two passages there has seemed to be sufficient reason for departing from Dindorf s text. One of these is in T. § 59, where Dindorf has omitted the concluding words of the "law" which, like other recent scholars, he brackets as an interpolation. The more closely I examine these inserted documents, the less reason I see either to correct their Greek or to bring their statements into harmony with what we learn from other sources. It may be doubted whether some Germans have not gone too far in acknowledg- ing even a partial admixture of genuine material independently of the speech itself. It seems best, therefore, to let the text stand for what it is worth, as it appears in the MSS. and all other editians. The other passage, T. § 195, is one of thirteen in which Dindorf has followed 2, sometimes with the support of other MSS., in reading alaxpoKepSiau for alcr'x^po- KepBeiav. It is of course possible that Demosthenes may have used, for reasons known to himself, a form so contrary to analogy, and that 2 may here repre- sent a genuine tradition: but the editors most devoted 1 Examples of this occur A. 70, 78, T. 9, 110. kii PREFACE. to 2 have shrunk from this conclusion, and Dindorf again stands alone. In the Notes my object, like that of my pre- decessors, has been to afford full help without unduly encouraojino; " the less industrious sort.'* With this view some pains have been taken in so arranging the matter that the commentary may be read through and not merely referred to. The intention, at least, has been to give an explanation of every real difficulty, in one way or another but not always in the same way, to those who will be at the trouble of looking for it. The abstracts at the beginning of each paragraph have, as in the Select Private Orations, been utilised for this purpose : and a hint thus conveyed has often been substituted for more literal renderings in the notes. There is still, I believe, in some quarters a 23rejudice against full explanatory notes, under the idea that the student should be left as much as possible to quarry his own materials. The Germans, who cannot be suspected of wishing to encourage slovenly methods of study, have lately in their school and college editions set us the example of liberal help in the vernacular^: while both the English Universities have of late given full sanction to this treatment of ancient authors. The chief and, I hold, amply sufficient reason for thus facilitating the acquirement of scholarship is the immense pres- sure of modern subjects and consequent limitation of the time which can be devoted to classics. In 1 As. e.g. ^tQin' a Herodotus and Classen's Thucydides. PREFACE. xiii the days of a narrower curriculum, lads of the right sort might safely be encouraged to bestow long hours on the Latin writings of the great critics, or on notes so framed as merely to excite curiosity without satisfying it. If the amount of quartz to be crushed was large in proportion to the gold to be extracted, the exercise itself was healthy and bracing. Such studies are now unavoidably relegated to the time — if that time ever arrives — when the work of the specialist has succeeded that of general education. For the same reason, the old prejudice against the use of translations has become considerably modified of late, especially in the case of authors read only by the more advanced students. It has been assumed, therefore, that the excellent trans- lation of the late Charles Rann Kennedy will be in the hands of many, if not most, of the readers of this book : and it has been thought possible oc- casionally to improve upon his renderings. His version is indeed nearly perfect of its kind, as Mr Sandys has called it: but it is the work of a most consummate scholar, as well as of a very able lawyer, produced under great pressure of time and consequent liability to oversights \ It has been compared throughout with Benseler's translation, to 1 Besides the valuable appendixes to Mr Kennedy's complete translation in five vols. , his earlier volume of Select Speeches (the five Guardian Speeches), 1841, contains an important series of notes on Attic law, not reprinted in the collective edition, and dating from a time when aids to this study were almost non- existent in England. xiv PEEFACE. which some of the corrections are due. The German version is naturally the more leisurely performance : it is the work of a man whose whole life was given (as Mr Kennedy's was not) to philological studies. Yet the comparison is not, on the whole, to the disadvantage of our countryman, whose judgment often strikes me as superior to Benseler's in the choice of conflicting interpretations. I can scarcely venture to criticise German style ; but apart from its great accuracy Benseler's translation appears to me to be both picturesque and suggestive, and I have sometimes quoted from it. The Orators have been specially reperused for the purposes of this volume and of kindred studies ; and it is hoped that something appreciable in amount has been added to the illustrative quota- tions which, like the edicta translaticia of the Roman praetors, have been handed on as common material from one Variorum edition to another. This will be found to be more particularly the case with the Timocrates, the industry of Funk- haenel having already done so much for the An- drotion. The aim has been to illustrate Demo- sthenes as much as possible from himself; his self-laudations are checked by the invectives of Aeschines, Deinarchus, and Hypereides ; among the other orators Andocides, Lysias, and Isaeus are especially valuable as sources of Attic law ; and he sometimes pays Isocrates the compliment of imitat- ing him. The Orators are quoted uniformly from PREFACE. XV the editions in the Teubner series. To the sections (§§) of this series, which are those of Bekker's Berhn edition, have been added, in the case of Demo- sthenes, the usually cited pages (Reiske's). In refer- ring to the less voluminous orators, or to the two speeches contained in this book, the pages are omit- ted \ The Dramatists are cited from the fifth edition of Dindorf's Poetae Scenici, 1869 ; Grote's History from the eight-volume edition of 1862 (earlier and later are in twelve). Other editions do not require to be specified, or are included in the Select List of Books appended to this Preface. The grammatical references are mostly to Madvig's Syntax, translated by Browne, and to Prof. W. W. Goodwin s Moods and Tenses, both works remarkable for their common -sense treatment of syntactical questions^: sometimes to the larger materials of Jelf, after Kuhner. 1 The sections of the Berlin edition are now invariably used in foreign books of reference, e.g. Pauly, or Daremberg and Saglio, and latterly in this country as well, e.g. by Paley and Sandys. English scholars of the last generation, such as Thirlwall and Grote in their histories, Shilleto in his de Falsa Legatione, followed the more minute subdivisions of the Oxford Bekker : and as Shilleto's book is in the hands of most students of Demo- sthenes, I have usually given the double reference in quoting from that speech, e.g. F. L. p. 413 § 230 = 255. In these cases the higher number is Shilleto's ( = Oxford), the lower Teubner's ( = Berlin). 2 No one, it is to be hoped, now believes that et aov o-Teprjdu} Soph. Oed. Col. 1443 occupies a 'category of modality' between el a-Teprjdelrjv and rjv (TTeprjdQ : see note on T. § 39. xvi PREFACE. I am indebted to the kindness of my friend Mr Sandys, Public Orator in the University, for the loan of some valuable tracts on Greek Law and the knowledge of others. W. W. London, October, 1882. EKEATA. The following are believed to be the only ones which affect the sense : they may be thought worth correcting with the pen before using the book : In A. § 34, note on ^evad^eiv, line 7 from end should read ' (pevaK. Ti and (pevuK. ripd tl are rarer.' In T. § 169, first note, line 2, read ' from one of us common folk.' SELECT LIST OF EDITIONS, DISSERTATIONS AND BOOKS OF REFERENCE On the two Speeches included in this Yolume. TEXTS. (1) J. G. BAITER and H. SAUPPE. Oratores Attici; in one volume 4to, Zurich, 1850. (2) IMM. BEKKER. Demosthenis Orationes ; stereotjrped edition, 8vo. Leipzig, 1854. [Earlier editions, not here referred to, Oxford, 1822, and Berlin, 1824J. (3) W. DINDORF. Demosthenis Orationes, editio tertia correctior; (Teubner) Leipzig, 1855 [reprinted in subsequent years and ap- parently stereotyped. Impressions of different dates show the same misprints. Earlier editions, not here referred to, Leipzig, 1825, Oxford, 1846]. (4) G. E. BENSELER. Demosthenes' Werke. Griechisch und Deutsch, mit kritischen und erklarenden Anmer- kungen, lOter Theil, Eeden gegen Androtion und Timokrates, Leipzig, 1861. [His acknowledged work, though without his name in the title-page.] COMMENTAKIES. I. General. (1) G. H. SCHAEFER. Apparatus criticus ad Demosthenem; London, 1824-7. [After Eeiske. This is the "variorum" edition usually to be met with in this country. There is another by G. S. Dobson, London, 1828, xvi. vols.] (2) W. DINDORF. Demosthenes ex recensione Gulielmi Dindorfti; Oxford (1849), Vol. VI. Annotationes interpretum ad Or. 20—26. (3) WHISTON, R. Demosthenes, with an English Commentary [in Long and Macleane's Bibliotheca Classica. TJnfinished; vol. ii. (1868) contains Or. XIX— XXVI.]. II. Speclu^. C. H. FUNKHAENEL. Demosthenis Oratio in Androtionem ; Leipzig, 1832. LEXICOGEAPHY AND TEXTUAL CEITICISM. (1) HARPOG RATION. Xi^eis tQv 84 ku l>rjTopwv, ed. W. Din- dorf ; Oxford, 1853. (2) T. MITCHELL (after Eeiske). Indices Graecitatis in Oratores Atticos; 2 vols. Oxford, 1828. [Uniform with the Oxford edition of Bekker's Oratores Attici]. Index Graecitatis Isocraticae; Oxford, 1828. [Uniform with the above]. (3) P. P. DOBREE. Adversaria; cura Scholefield; Cambridge, 1833 (ed. Wagner, Leipzig, 1875). (4) C. G. COBET. (a) Variae Lectiones. Editio secunda auctior, Leyden, 1873. (&) Novae Lectiones; Leyden, 1858. (c) Miscellanea Critica; Leyden, 1876. (5) J. N. MADVIG. Adversaria Critica; vol. i. In Scriptores Graecos; Copenhagen, 1871. xviii SELECT LIST OF EDITIONS, &c. DEMOSTHENIC LITEKATUKE. I. General. (1) ARNOLD SCHAEFER. Demosthenes und seine Zeit. 3 vols., esp. vol. I. ch. 3, pp. 308 — 353 and vol. iii. part 2, BeUagen, pp. 63—65, Leipzig, 1856—58. (2) F. BLASS. Die Attische Beredsamkeit, 3te Abtheilung, Iter Abschnitt. Demo- sthenes, esp. pp. 226—231, 244—251, Leipzig, 1877. (3) R. C. JEBB. The Attic Orators from Antiphon to Isaeus. 2 vols., London, 1876. [Demosthenes only incidentally]. (4) S. H. BUTCHER. Demo- sthenes [in Classical Writers, ed. by J. E. Green], London, 1881. (5) J. P. MAHAFFY. (a) History of Classical Greek Literature, London, 1880. Vol. ii. (Prose Authors), esp. ch. 11 (Demosthenes) and 12 (Contemporary Orators). (6) Social Life in Greece, ed. 3, London, 1877. [Drawn largely from the Private Orations]. II. Special. (1) C. L. BLTJME. Prolegom. ad Dem. orationem Timocrateam tria capita priora, Berlin, 1823, pp. 48. [An inaugural dissertation on the Panathenaea of § 26 ; now out of print. Some others of the following tracts I have been unable to get a sight of, but think it best to make the list as complete as possible. All the periodicals here mentioned have been consulted]. (2) C. H. FUNKHAENEL. Symholae criticae in Demosthen. iv. in Orat. c. Timocratem. In Zeitschrift fiir die Alterthumsw. 1842, pp. 311 — 316. [Superseded by later editions]. (3) T. H. DYER. On a passage in Dem.'s Oration against Timocrates. In Classical Museum, ii. 119 — 121, London, 1845. [Proposes a transposition of § 5, placing it before §§ 3 and 4. But this will not remove the difficulties of the first 16 §§ : see Introd.] (4) A. WESTERMANN. {a) Untersuchungen iiber die in die Attische Redner eingelegten Urkunden. pp. 136, Leipzig, 1850. (6) Commentatio de iurisiurandi iudicum Atheni- ensiumfoiinula quae exstat in Demosthenis oratione in Timocratem. Pars I. pp. 20, ii. pp. 16, iii. pp. 14, Leipzig, 1858 — 9. [Three Academical Programmes. Westermann's criticism led the way to the total rejection of the authenticity of the "inserted documents"]. (5) F. K. HERTLEIN. Coniecturen zu Griech. Prosaikern. Wertheim, 1862. [Programme of a Lyceum. Among the passages are Androt. § 37 and Timocr. § 16]. (6) RUD. DAHMS. (a) Studia Demosthenica (zur Eede gegen Timokrates), pp. 40, Berlin, 1866. [Programme]. (6) Emendationes Demosthenicae. In the Jahrbllcher filr classische Philologie, vol. 93, pp. 674 — 8, Leipzig (Teubner), 1866. [The following are the conjectures best worth notice : Androt. § 33, ravra dUaia (for ravra), Timocr. § 201 irdpTes ot dv irov (for orav wov). The last is a decided improvement], (7) J. B. TELFY. Das TrpoaKard^Xvfia (Timocr. §§ 96—98). In Philologus 1860, vol. xvi. pp. 365 — 368. [An improbable sugges- tion that irpoaKaTa^X-qfjia was an extra percentage paid by the farmers of the revenue]. (8) H, FROHBERGER. Annotationes ad oratores Atticos. In Philologus 1870, vol. 29, pp. 633 — 5. [Wishes to read ovk diroKpv\pofjLai. T. § 200, retaining diroTpixpoixai. in §§ 1, 104]. SELECT LIST OF EDITIONS, &c. xix GEEEK LAW. (1) J. B. TELFY. Corpus luris Attici. Pesth, 1868. (2) G. F. SCHOEMANN. Be Comitiis Atheniensium. Halle, 1819. [On the Assemblies of the Athenians, transl. by F. A. P., Cambridge, 1838.) [Quoted by the pages of the original, which are also marked in the English edition]. (&) Griechische Alterthilmer, 3rd. ed. BerHn, 1871. Vol. i. (the State) transl. by E. G. Hardy and J. S. Mann, London, 1880. Vol. ii. preparing, (c) MEIER and SCHOEMANN. Der Attische Process. Halle, 1824. [A new edition by H. Lipsius, much needed, is now coming out in parts. One part only has appeared]. (3) A. BOECKH. Die Staatshaus- haltung der Athener, 2nd ed. 1851. (Public Economy of Athens: translated from the 1st German ed. by Sir George Cornewall Lewis, 2nd ed., London, 1842.) [This is the edition referred to; the 2nd Germ. ed. was translated by Lamb, Boston, u. s., 1857]. (4) K. F. HERMANN. Griechische Staatsalterthumer. 3rd ed. Heidelberg, 1841. (5) C. R. KENNEDY, (a) Notes (pp. 124—283) to Traml. of Select Speeches^ London, 1841. [A scarce and valuable book; the notes are not reprinted in the collective edition]. (6) The Orations of Dem. translated with notes and dissertations. 5 vols. London, 1880. (6) V. CUCHEVAL. Etude sur les Tribunaux Atheniens et les Plaidoyers Civils de Demosthene, par Victor Cucheval, Professeur au Lyc^e Bonaparte. Paris (Durand), 1863. (7) G. PERROT. Essai sur le Droit Public d' Athenes. Ouvrage couronn^ par I'Acad^mie Franpaise. Paris (Thorin), 1869. Also articles in the following Dictionaries of Antiquities : (8) AUG. PAULY. Real-Encyclopddie der classischen Alter- thumswissenschaft. 6 vols, in 8 parts, Stuttgart, 1837 — 56. [A new edition on an enlarged scale of vol. i. A — B, Stuttgart, 1864. Greek Law mostly by Ant. Westermann]. (9) W. SMITH. Dictionary of Gr. and Rom. Antiq., 2nd ed. London, 1848, reprinted in subsequent years. [Greek Law mostly by C. R. Kennedy, J. S. Mansfield, E. Whiston. A new edition preparing. Joint Editor, W. Wayte]. (10) DAREMBERG and SA GLIO. Dictionnaire des Antiques Grecques et Romaines, parts 1 — 6, A — CAS, pp. 1—960, Paris (Hachette), 1873—9. [Greek Law by E. Caillemer. The pubhca- tion of this magnificent work is unfortunately suspended]. MSS. OF DEMOSTHENES CONTAINING OR. XXII. AND OR. XXIY. S (or S) in the Paris Library (No. 2934), on parchment, forma maxima; century X. "Primae quidem classis unus super- est Parisinus S." Dindorf. Praef. ed. Oxen, p. vi. By far the best, and now recognised as the proper basis of the text ; for limitations to this doctrine, see the Preface. F. Marcianus 416, in the Library of St Mark at Venice, on parchment, forma maxima; century XI. The best ms. of the second group or family (Dindorf, ubi supra) but closely followed byB. T (or Y) MS., Par. 2935 : on parchment, forma maxima. Q (or 0). In the Jesuits' Library at Antwerp (No. 43), on paper, formu maxima. The nearest approach to S, according to Bekker. k. MS. Par. 2998: on cotton paper (bombycinus), forma quadrata; century XIV. Closely approaches A^. r. MS. Par. 2936: on parchment, forma maxima; century xm. s. MS. Par. 2940: on cotton paper (bombycinus), forma quadrata. Agrees generally with A^ and k. t. MS. Par. 2294 : on parchment. V. In the Paris Library (MS. Coislin. 339), on parchment. /S". [i.e. the second of eight mss. named after Morel, the Paris printer of the 16th century, and collated by Lambinus]. MS. Par. 2993. e". [fifth in the Morel series]. MS. Par. 3000. A^. Augustanus primus, formerly at Augsburg (Augusta Vin- delicorum), now in the Eoyal Library at Munich (No. 485), on thick parchment, paene quadratv^. Keiske made it the basis of his edition, and assigned it to century X. or XI. : Dindorf says XI. , the Zurich editors XII. The principal ms. of the third or most widely-diffused group: see k and s. B. Bavaricas, at Munich (No. 85), on cotton paper (bomby- cinus), forma maxima; century XIII. Shares with F the primacy of the second class. yp. A contraction for ypdtperai, the note of various readings. Of the above mss., t, /3™ and e"" contain the Androtion but not the Timocrates. As a general rule, only those various readings are noticed which have found favour with one of the four editors whose texts are collated. But in one or two instances attention has been called to neglected readings: and the mistakes and eccentricities of 2 have been freely exposed as a warning against excessive deference to its authority. INTKODUCTION TO Or. XXII. KATA ANAPOTinNOS. The speech against Androtion, B.C. 355, marks a distinct stage both in the outward career and the intel- lectual growth of the orator, as his earliest forensic speech^ in a public cause ^, and the first in which he shows the full maturity of his powers. It precedes by a year his first recorded appearance as an adviser of the people in a strictly political harangue^, the speech irepl tojv a-v/jifjiopLojv "(B.C. 354). But we see already the transition from the private practice of the Xoy6ypa<f>o<s to the public status of the prjroyp or politician. The ypa<f>7J irapavopLoiv or indict- ment for an unconstitutional proposal formed a meeting- point between law and politics; the elastic state of the law favoured the decision of legal questions on party grounds; and, as at various periods of English history, political difi"erences found their natural arena in the law- courts. ^ Xoyos diKayiKos. '^ dTjjudtnos. '^ (TVfj.^ov\evTt.K6$. xxii INTRODUCTION. Into this arena Demosthenes now descended as a trained combatant. According to the most probable date of his birth he would now be just twenty-nine years of age\ His entrance into public life (marked by A. Schaefer and Blass as the second period of his career) coincides with the disastrous close of the Social War. The revived naval supremacy had been again lost; the orators of the peace party were discredited; and Demo- sthenes came forward as the advocate of an imperial policy. His position was already apart from that of all the rest^. Eubulus the leading orator of this party, and Phocion who lent it respectability^, had their opponents among the other orators : and Demosthenes was ready to avail him- self of help from any quarter against the predominant majority. But his quarrel was with the entire system, not merely with individual politicians; all were alike re- sponsible for the abuses of the Theoric fund'', for the fatal stimulus given to the pleasure-loving, home-keeping instincts of the Athenian people, and to their dislike of personal service; all alike, in his view, fattened on the public plunder ^ Demosthenes had to educate, not his party, but his countrymen. Hence his repeated allusions to the glories of the past; to the days when "the public 1 His birth is fixed with tolerable certainty at b.c. 384, i.e. either in the last months of 01. 98, 4, the archonship of Dexitheus, or the first of 01. 99, 1, the archonship of Diotrephes. The An- drotionea belongs to the early part of 01. 106, 2, the archonship of Callistratus (not the orator, see § 66 n.), i.e. July or August 355. Androtion's motion to crown the senate was at the close of the old year, the trial at the beginning of the new. It is important to re- member that the Athenian year began at the first new moon after the summer solstice, or, speaking roughly, about July. 2 § 37 n. 3 Grote, ch. 87, viii. 82. 4 Timocr. § 134. 5 Androt. §§ 65—68. INTROD UCTION. xxiii service was the only holiday^" to the Athenians whose degenerate descendants would now neither fight them- selves nor pay others to fight for them^ He does not, like many opposition speakers, confiue himself to negative criticism. In this speech, and in others of the same group ''against bad legislation," the Leptines, the Timo- crates, he is the exponent of a formed policy. " Even when he is writing for others, himself remaining behind the scenes, the voice is still that of Demosthenes. His strong personality, his sincerity of conviction, breaks through dramatic disguises^" Androtion, the defendant on this occasion, had been a prominent politician for thirty years^ That he must have been advanced in life is clear not merely from this circumstance, but from what we are told of his associates Glauketes and Melanopus^ and of his father Andron. The latter is certainly to be identified with the Andron, son of Androtion, who is named among the o-o^ot assem- bled in the house of Callias, Plat. Protag. 315 c (com p. Gorg. 487 b), and who must have been already a grown man at the breakiug-out of the Peloponnesian war®. The political example set by Andron to his son was not edify- ing. Having himself taken part in the government of the Four Hundred, B.C. 411, he came forward as the accuser of Antiphon and Archeptolemus, who were made scapegoats for the rest, and actually moved the decree by ^ Thucyd. i. 70, § 9, /xtjtc eopriqu dWo tl TJyecadai, rj to to, diovra Trpa^ai. '^ §§ 12—16, 76—78. 3 Prof. Butcher, p. 31. 4 § 66. 5 T. § 125 ff. « " The Protagoras points to the 87th Olympiad, B.C. 432— 429 :" Prof. Brandis, quoted in my note on Protag. 327 d. W. D. 'C xxiv INTRODUCTION. wliicL. tliey were executed as traitors'. According to Demosthenes, lie was imprisoned for debts to the State and passed TroXXas 7revTCTr}pCSa<; in prison^; he broke his prison, not returning when let out on parole for a festi- val^; and, having failed to discharge his obligations at his death, left an inheritance of Atiraia to his son, from which Androtion had never purged himself \ But this charge, as well as another presently to be noticed, is sup- ported by no evidence : it is even ridiculous to see Demo- sthenes attempting to throw the burden of proof upon the defendant^. Androtion had been trained in the school of Isocrates, and became an accomplished public speaker*^. Demosthe- nes himself, though he adopts a sneering tone, is a witness to his oratorical ability''. He took an active part in matters of finance, and acquired the confidence of the people, though in his case the arts of the demagogue appear to have been combined with no small amount of the personal insolence of a born oligarch. In the bad times of the Social War he brought forward a scheme of his own for replenishing the exhausted treasury " : he induced the people to appoint an extraordinary commission of ten ^ Vit. X. Orat. p. 833 e. Harpocrat. s. v. "Avdpuv. 2 T. § 125, where see note on the qualification with which this statement must be accepted. 3 A. §§ 56, 68. 4 A. §§ 33, 34. ^ § 34, ^ Suidas S. V. : 'Avdporicjv "AvSpuiuos 'Adrjvaios, prjTwp Kal drjfia- ywyos, fAaffrjT-^s ^IffOKpdrovs : a scholium on § 4 of the speech ^an yap ovTos tuv 'IcroKparovs fJiad7]TU}y eTr/cny/xoj : Zosimus in his life of Isocrates, p. 257 ed. Westerm. : and several passages of the rheto- rician Hermogenes, all quoted by A. Schaefer i. 316 n. andWester- mann ap. Pauly. -^ A. § 4, ^ari yap, c3 duSpes 'Adrjvaioi, TexvlTt]$ tov \dyeiv, Kal irdvTa TOV ^lov eaxo^a^^f ^vl tovtc^}, compared with T. § 158. ^ 5id TOV KOiLpov cs rjv Tore, § 49 n. INTRODUCTION. xxv members, none of them regular ofBcers of the revenue, to collect all outstanding arrears of the property-taxes (elacjiopai) voted since the archonship of Nausinicus (b.c. 378-7) \ He put himself at the head of this commission, Timocrates being his most active subordinate: and the proceedings of this pair of worthies furnish several lively passages common to the two speeches^. Their extraordi- nary powers lasted for a year; the services of other au- thorities were placed at their disposal, so that the Eleven imprisoned at their bidding, the Apodectae exacted pay- ment, and the public slaves kept the accounts ^ Of four- teen talents of property-tax in arrear, seven were recover- ed (A. § 44), or only five according to the later version (T. § 162); and this at the cost of an enormous amount of friction and unpopularity \ Androtion, however, retained his influence with the people, tolerant as usual of irregula- rities and even of oppression when the interests of an empty exchequer were at stake; and not long afterwards, being probably rafxcas r^s Oeov or one of the treasurers of the Acropolis and all its contents, he procured a decree which gave him extraordinary powers for dealing with the sacred treasures ■\ The o-re^avot, golden crowns pre- 1 A. Schaefer i. 317 makes them the arrears of Nausinicus' year only: the reasous for preferring Grote's view are given in the note on § 44. 2 A. §§47ff. T. §§ 160 ff. '"* TO J/ 07]fx6cnov Trapeivai irpoa^yparpev, A. § 70, which explains Toiis VTT-qpiTas, T. § 102. ^ A. §§ 59—64. ^ The expression raixla^ ad hoc in the note on A. § 70 requires a shght moditication. The rafxiai rTp deov were probably chosen by lot, and responsible for the safe keeping of the treasures, but with- out discretionary power as to dealing with them (compare T.§ 136 n.): Androtion, as an active bustling politician, separated himself from his colleagues and got the vote passed which empowered him to melt down the crowns. c2 xxvi INTRODUCTION, seuted to Athens by grateful allies, and now hanging in the Acropolis, were then thrown into the melting-pot, on the plea that they were "coming to pieces V '^nd recast as (^LaXai or paterae: the whole operation was left in Androtion's hands, without check or audit of accounts^ We next find Androtion as a ^ovAevrjjs or member of the Senate of Five Hundred ; and it was in this capacity that he proposed the complimentary vote to the Senate which gave rise to the present prosecution. At the close of the Athenian year it Avas usual for the people to vote an honorary crown to the outgoing senators as an acknowledgement that they had discharged the duties of their office honourably and efficiently ^ The ''crown" must liave beenof altogether insignificant value, ai)art from the fact that there were 500 claimants: but, like a modern "vote of thanks," it was taken as a matter of course, and the omission of it would be a marked slight. This year, however, 01. 106, 1, B.C. 356-5, the senate was accused of liaving neglected an important duty. It was required every year to build a certain number of new triremes*; and if it failed to do so it was forbidden by a special law to ask for the customary an- nual compliment. The proper number had not been built this year: and the excuse alleged was, that the treasurer of the ship-builders (o ra/xias twv rpt-qpoTronZv) had run away with two and a half talents of the public money ^. 1 rd <pv\\a aTToppetp, § 69 and note. ^ aiJrds fjiriTup xpuaoxoos ra/xias dfTiypatpevs yeyoi'ev, A. § 70 and n. 3 KoXcos ^ovXevaai, § 12. 4 Twenty according to Diod. xi, 43 ; Benseler, Einl. p. 9. 5 On the question of the senate's responsibility for this officer, see § 17 n. It is usually assumed that no ships at all had been built : but the sum named (about £600) is clearly only a fraction of what the Athenians must have been spending upon their navy INTRO D UCTION. xxvii This, it was argued, was a misfortune ^ for which it would be cruel to put a stigma upon 500 honest citizens. An- drotion accordingly moved a decree in their favour, awarding them a crown as usual and saying nothing of the unbuilt triremes. The motion was carried in spite of the opposition of Meidias and others^; and Androtion was then indicted for an illegal proposal {irapavvixwv) by Euctemon and Diodorus, two men who had private in- juries to revenge. Euctemon, apparently the older of the two, had spoken first : and Demosthenes wrote the present speech for Diodorus, who "followed on the same side." The "counts of the indictment," as they would now be called, were four in number: (1) that the requisite num- ber of ships had not been built: (2) that Androtion's pro- posal was not approved beforehand by the senate': (3) that he had led an infamous life, which subjected him to the penalty of Atimia or disfranchisement: (4) that he was again disqualified, as having neglected to pay the debt due from his father to the State at his decease. No evidence is brought forward on either of the latter charges ; both were probably unfounded ; and Androtion might well complain that such points were raised against him indirectly, instead of being made the subject of regu- lar indictments. Demosthenes' attempt to meet this answer beforehand is, like some of his arguments in the during a time of war, and quite inadequate to provide even the rough hulls of 20 triremes. If the number fell short by five or six or even less, it is quite in keeping with the tone of the prosecution, which throughout insists on the strict letter of the law, to argue that the law had not been complied with, and suppress all details. The words of § 8 /at; iroirja-afi^vr] rrj ^ovXy ray rpn^peis (cf. §§ 10, 17), may easily bear that meaning, the article expressing the full, well- known, or legal number, like ai diraywyai, T. § 113 n. 1 &TVXVfJ-CL, § 17. 2 § 10. ^ By a Trpo^ovXev/na. xxviii IX TROD UCTION, Timocratea, absurdly sophistical'; and may have con- tributed to the adverse verdict. The form of the speech is determined by its character as a ScuTcpoXoyta, or subsidiary to the main accusation. There is no complete statement of the case for the prose- cution; that has been already made by Euctemon, and "the second speaker assumes the right to a freer hand- ling." Without any regular proem Diodorus begins with an explanation of his motive in coming forward as a pro- secutor: he has as great or even greater personal wrongs to avenge than Euctemon (§§ 1 — 3) I All that is known of Androtion should i)repare the jury for a quibbling and sophistical defence (§ 4). The speaker then goes on to anticipate the arguments which the defendant will pro- bably have recourse to. He will maintain, it is alleged, that in this instance the Probouleuma was not required either (1) by law, because the case is exceptional, or (2) by precedent, because the preliminary vote has not been enforced in practice. To this it is replied, that (1) there are no exceptions to the legal rule, and (2) that it is time that bad precedents should give way to the letter of the huv (§§ 5 — 7). There can be no doubt that the practice had been as Androtion alleged : and there is great disin- genuousness in the way in which the contrary is sug- gested ^ A third excuse will be, that the senate did not ask for their reward, but the people decreed it to them unasked. In answer to this it is urged that putting the question to the vote by the Proedri and Epistates, i.e. by men who were necessarily members of the senate, was 1 On (3) §§ 28, 29 : on (4) § 34. 2 This is in order to anticipate a charge of avKo4)auTia : see § 3, note on afivveadat. 3 iyd 3' oTfjLaL [ikv oi^X' X^yef olvtov dXrjdeLav (1. ak-qOrj), /xaWop 8^ clSa aarpus, § 6. INTRODUCTION. xxix ill itself an act of asking; and further, that the unofficial members had gone about canvassing for votes and com- plaining of the hardship of depriving them of the usual comjiliment (§§ 8 — 1 1). He next insists on the para- mount importance of naval supremacy to Athens, as a reason why the senate should be held to the letter of its duties in the matter of the triremes (§§ 12^16). If it is alleged that the frauds of the treasurer could not fairly be visited upon the senate, the answer is, that the public interest requires that no excuses, good or bad, be admit- ted' : and further, that in this case the senate really was responsible for the acts of its own subordinate (§§ 17 — 20). Next follows the question as to the defendant's im- moral life. He may urge in reply that the question ought to have been raised directly by way of impeach- ment, with the usual securities against malicious prose- cution, and not by innuendo as a mere collateral issue. The rejoinder to this is, as has already been noticed, one of the weak points of the speech (§§ 21 — 24). In other matters the Athenian law allows the prosecution a wide choice as to modes of procedure. It is for the accused to prove his innocence, not to dictate the particular remedy to be set in motion against him (§§ 25 — 29). The ground of the law of Hetairesis is next explained : men of in- famous life cannot be well affected to democracy, and must attempt either to corrupt or to deceive the people (§§ 30 — 32). With regard to the other disqualification of Atimia inherited from his father, the hurden of iwoof rests with Androtion, that his father did not die in debt to the state (§§ 33, 34). The feelings of the senators ought to count for nothing when the public interest is concerned. 1 We are reminded of Wellington's saying, that "those who are good at excuses are seldom good for anything else." XXX INT BOB UCTION. They have themselves to thank for it, if by abdicating their own functions and submitting to be ruled by pro- fessional speakers they have incurred a formal censure : in fact so splendid an opportunity of getting rid of "tlxj orators" ought not to be missed, and is alone enough to justify a conviction (^§ 35 — 39). The speaker now passes from what Androtion may be expected to say to what others may urge on his behalf. That he will be defended by men who are either mem- bers of the censured body or responsible for the loss by embezzlement is a matter of course: but neither they nor the "respectable^" Archias are disinterested on this oc- casion (§§ 38 — 41). By a somewhat abrupt transition, he then returns once more to a last argument of Androtion'js : that, by undertaking to collect the arrears, he had volun- tarily incurred uni)opu]arity for the good of the public (^ 42 — 46). The first part of the speech, mainly occupied, as we have seen, with conjectures as to the probable line of the defence, here comes to an end. The orator now announces his intention of passing in review the whole of Androtion's political career, and begins with a vigorous invective against his conduct in the much vaunted collection of the arrears of property - tax^ The point is first argued with reference to the case of Euctemon (§§ 47 — 50), then more generally; and Androtion's conduct is compared to that of the Thirty (^ 51 — 55). Instances of his outrageous behaviour are quoted (§§ 56 — 58) ; the amount of offence given is con- trasted with the paltriness of the results, and shown, by 1 iiricLK^s, § 40 n. 2 e<f) (^ jxiyiaTov (ppove?, ttjv tcjv xPWO-t^^ eL<nrpa^iu, § 47. This second part of the speech is repeated almost exactly in the Timo- cratea, §§ 160—186, and its presence there forms one of the criti- cal difficulties of that speech : see the next Introduction. INTRODUCTION. xxxi the example of Satyriis, not to be inseparable from the discharge of these unpopular duties (§§ 59 — 64). So far from being a patriot and reformer, he has been, during bis thirty years of public life, identified with the existing system and all its abuses (§§ 65 — 68). The concluding paragraph (§§ 69 — 78) deals with an exploit of Androtion's which he claimed as one of his services to the state, his melting down of the votive golden crowns and recasting them as paterae or bowls; this is shown up in its true colours as an act of gross fraud, from the want of proper supervision in carrying it out, and of extreme bad taste, since the treasures were nothing in themselves, everything in the associations connected with them. This last thought leads up to a short peroration of singular beauty and force, in which it is urged that Athens has always preferred glory to gold, though Androtion is ignorant of the fact; and that the handling of sacred things by a man who has led such a life as his is in itself an outrage against the traditions of old Athenian piety (§§ 7G-78). The Androtionea in a moderate compass affords a good specimen of the varied excellences of the orator; and it is further interesting as the earliest work of his maturity. It exhibits in large measure the " rhetoric fused with logic in the white heat of passion " to which later critics gave the name of 8eivor>?s, and which they regarded as characteristic of Demosthenes beyond all other speakers. It has likewise a full share of his faults, which are those of Greek oratory in general, unfairness in argument and virulence in abuse. In scurrility, indeed, this speech and the Timocratea are left far behind by the two great speeches against Aeschines. Demosthenes did not, un- fortunately, acquire self-respect on this point, or what would now be called the feelings of a gentleman, as he xxxii INTRODUCTION. grew older; though his later speeches seem to show a growth in that intellectual self-respect which restrains a man from uttering the most transparent nonsense for an immediate object'. The least attractive feature in the present speech is the perpetual straining of unfair points against the accused. Androtion was no doubt a corrupt and greedy politician, and his acquittal may have proved nothing more than that his influence with the people was undiminished, that the clique of professional orators^ stood by one of their own order, and that the friends of the outgoing senators mustered strong upon the jury. But, more probably, he was acquitted on the merits of his case. The principal charge, that relating to the ships, was, as has been shown, most likely exaggerated ; the senate's previous consent to a vote of compliment to itself was a mere matter of form, and in practice had almost certainly been omitted ; while the two charges, one of them of a peculiarly odious nature, on which it was sought to prove Androtion disqualified from speaking in public, would have been relevant only if backed up by legal decisions. In these last, and in the equally irrelevant abuse which forms the staple of the speech fiom § 47 onward, we may well believe that the orator overshot his mark. It would, however, be a great mistake to see in Demosthenes only the hired speech-writer, the unsuccess- ful abettor of Diodorus' schemes of private vengeance, the unscrupulous verdict-getter "abusing the other side" in the consciousness of a bad case. The politician is here inseparable from the advocate ; and politics have not yet ceased to be a war in which almost everything is accounted fair that promises to damage the enemy. A strongly See note pp. 155-6, and T. § 85 n., § 88 n. ol (TvyeaTTjKOTes prjTopes, A. § 37. IN TROD VCTION. xxxiii intrenched system of abuses has to be assailed ; threatened interests are banded together for mutual support. Demo- sthenes is already a reformer aiming at definite objects, Avith a definite ideal before him of what Athens ought to be. In sti-iking at Androtion he is striking at " the system :" and he does not scruple to use for his purposes the aid of objectionable people who ha])pened for the moment to share his likes and dislikes ; to screen himself behind vindictive j)rosecutors like Diodorus and (as it would seem on at least one occasion) Apollodorus the son of Pasion'; and to i)lay on the weaknesses of Athenian juries. This commingling of legal and political issues was greatly assisted by the fact that, while every full Athenian citizen was a legislator, an immense proportion of the whole number were also Dicasts, i.e. jurymen and some- thing more, determining questions of law as well as of fact^ It was, therefore, an everyday occurrence for an Athenian to combine in his own person the functions of a member of Parliament, a judge and a juror. Tlie extreme elasticity (already hinted at) of the ypacf)r} irapa- vofjuov was the expression of this fact. Whatever dis- 1 The evidence for the genuineness of the First Speech against Stephanus is too strong to be resisted : and by far the most proba- ble explanation of Demosthenes' conduct in turning against Phormio, a client whom he had formerly defended, and exposing himself to the taunt of Aeschines {de F. L. § 165) is that which ascribes it to a strong political motive (Blass,p. 32, who is followed by Sandys, Introd. to Select Private Orations, pt. ii. p. xlv, and by Mahaffy, Gr. Lit. ii. 337). 2 It is not certain whether any system of rotation was combined with the KXrjpos or lot, so as to make every citizen a dicast in his turn : if it were so, the turn would come about once in three years, allowing for the many public officers who were ineligible, and for other causes of exclusion. On the number of Athenian citizens. Bee A. § 35 n. xxxiv IKTROD UCTIOX. pleased him, a component unit in the Sovereign Demos, in any of his three capacities, might be brought under the provisions of this law. As a legislator he expected to be relieved from the consequences of his own hasty acts : if on reflection he discovered that he had been led astray, the proposer of the law must be punished, Demos himself was irresponsible. As an interpreter of the law, he required it to be intelligible to plain men; to be without ambiguities or contradictions. To guard against repugnant laws, it was not enough to repeal the old law by an enacting clause inserted in the new : the ground must first be cleared by the total repeal of the former, a proceeding which no doubt made it easier for legislators, acting without the guidance of trained lawyers, to judge of proposed amendments in the law. Lastly, as a dicast he gave his verdict on the proposer of a law, and thus implicitly on the law itself, for which in another capacity he might himself have voted. We have not yet exhausted the curious aspects of the ypacfi-q Trapavofjuov. Like other despotic sovereigns, the Athenian people claimed a "dis- pensing power" of overriding the law upon occasion: and their advisers, the professional statesmen or orators, were as such the "keepers of the royal conscience," and liable to severe punishment if their master's conscience subsequently reproached him with what he had done at their bidding. Thus the Athenians no sooner repented of their judicial murder of the six generals after Arginusae, than they directed a prosecution of those who had advised it\ From another point of view, the sovereignty of Demos was so far constitutional that his ministers were liable to be turned out by a " vote of want of confidence." The dominant clique of orators might be discredited if one of their laws were overthrown ; still more, if one of their 1 i\J/r]<pla-avTo...Tpop6\i? avruv chai, Xen. Hellen. i. yii. 35. INTRODUCTION. ' xxxv number were punished ; and the capital sentence was usually demanded ^ Thus attacks ostensibly directed against measures were really aimed at men ; the dicastery with its immense numbers was swajed by the passions of the assembly ; and verdicts were openly demanded upon political grounds. No law was be}oud the reach of this mode of indictment. However carefully all constitutional forms had been observed, it might be assailed on the vague charge of '* inexpediency^;" though after the time limit ^ of a year the author of the law could not be punished. The ypo-<^'q Trapavofxwv lay, therefore, not merely against unconstitutional but against bad legislation in general ; and any law might be pronounced '' bad " against which a majority, however small, could be obtained in a court where the last thing expected of the jurors was to leave their politics behind them\ The motives of Demosthenes in undertaking these prosecutions thus stand in a clear light \ ^ Such phrases as rpls ovx oLira^ redvavai a^tos occur with un- pleasant frequency in these two speeches. 2 ^^7 iTTiTribeLov, T. § 33. 3 irpodea/xia, sc. -qfi^pa. 4 We thus get the point of Aristophon's boast (see T. § 11 n.) that he had been impeached Trapapo/xup 75 times and invariably acquitted. He neither gloried in breaking the law with impunity, nor denounced the prosecutions as uniformly frivolous and vexa- tious ; his meaning is, that he had always been on the winning side in politics. s It is in such passages as the following that we see most clearly the real Demosthenes behind the mask of advocacy, and already in marked opposition to the other orators : A. § 37, ei 5e yev-rjaeTai TovTo Kal Tuv rfioLbwu Kal cvvear-qKOToiv priropwv airaWayrjaeade, 6\{/ecr6e, c3 audpes 'AOtjvoioi, irdvO' a. irpoarjKeL yi-^vbixcva, uxtt ei pL-qUvos dWov 'iv€Ka, bib. ravra Kara-^'q'pLcyTiov. T. § 123,''A|toj' toLvvv Kal TovT eiireZv, 6<rov vp.€7s 8ia<p^p€T€, c5 avSpes SiKaaTol, fieyaXocppocrvvri Tuiu priTopuv... and so on to the end of § 124. Again, in T. § 157 it is argued that many public men (woWol rcoy TroKiTevopLefuv) will bland by Timocrates, not for his sake but for their own. XXX vi INTRODUCTIOX. The speech against Androtion has provoked none of the destructive criticism which plays so large a part in Demosthenic literature. Neither its genuineness, noi-, witli quite insignificant exceptions, its substantial in- tegrity, have ever been disputed. The only doubtful passages are in § 20, where the suspicion that some words have dropt out is as old as Harpocration, but the lacuna need not be, as Cobet thinks, an extensive one; in § 67, where there is a probable interpolation (but only of a few words) from the parallel passage in the Timocratea; and in § 74, where an entire section has almost certainly been interpolated from the same source \ 1 See the notes on each passage. INTRODUCTION TO Or. XXIV. KATA TIMOKPATOT2. This speech is so closely connected with the preceding, that there is room for >^ome surprise at the traditional arrangement by wliich the two are separated in our copies \ We take up tlie history of Androtion at the point where the previous speech leaves it. It must have been within a few weeks of liis acquittal, some time, there- fore, in the autumn of 355, that Androtion, Melanopus, and Glauketes were sent as ambassadors to Mausolus, prince of Caria^ The occasion of the embassy, if we may trust a statement of the Scholiast which probably rests 1 Libanius begins his argument with the words AioSwoos fih Kaurauda 6 Karriyofos, as if no Aristocratea had come between. 2 The date of this embassy can be fixed within very narrow limits, more precisely than I have given it in the note on T. § 12. It was almost certainly after the end of the Social War : and the peace was concluded before the close of the archonship of Eljoinef-, 01. 106, 1, not later, that is, than midsummer 3.j5. The decree of Androtion, and the subsequent trial, must belong to the first weeks of the archonship of Callistratus, say July and August ; and the embassy would doubtless be timed to go and return before navigation closed for the winter. The higher limit is indicated by A. Schaefer, i. 330; the lower, the improbability of a winter voyage, has not been pointed out before. xxxviii I XT ROD VCTION on ancient tradition, was to complain of the intrigues by which Mansolus was endeavouring, in the interest of the Persian king, to overthrow the democratic governments in the islands of Chios, Cos, and Khodes, so recently at war with Athens \ The envoys were desi:)atched on board a trireme commanded by Archebius and Lysitheides '^. On their way they fell in with a merchant vessel from Naucratis in Egypt, and took her to Athens as a prize for adjudication. Egypt was now, as it had been for many years, in a state of chronic revolt against Persia"^: and the Athenians under the stress of the Social War, anxious to maintain friendly relations with the Persian court, had observed a strict neutrality^ At an earlier period they had been actively helping the insuigents. 'J'lie Athenians, whose substitute for an admiralty coilrt seems to have been the popular assembly, endorsed this piece of sharp practice by condemning the vessel as law- ful prize ^; on the technical ground, it would seem, that as friends of tlie King they were enemies of his rebellious subjects. They might well think the step likely to aid their negotiations with Mausolus and, through him, with Artaxerxes: but apart from this, the state of their ex- chequer, now at its lowest ebb, supplied an ever-pre- 1 Die Nachricht, wenn auch etwas getriibt, scheint auf alter TJeberlieferung zu beruhen. A. Schaefer I. c. The words of the scholium are KaradovXioaaadaL avrQ (rq) ^aaiXel) ras y rauras v^a-ovs: this would be by substituting oligarchies relying on foreign support for the popular governments. 2 On the (TvvTptrjpapx^a or joint command in its various forms see Diet, Antiq. s.v. TrierarcJiia, pp. 1159 b, 1160 a. '^ Keconquered after 60 years of intermittent warfare, b.c. 346-5, Grote VIII. 172. 4 The first words of the Second Argument, Tlo\i[xov rvyxo-vovTos AOrjvaiois irpos ^aaCkia, are of no authority, ^ See note § 12, dir ex^i^poTOf^crad' I'/xeTs fir) 0iXta duai. INTRODUCTION. xxxix sent motive: and the appeal of the owners was disre- garded. The proceeds, or at least the greater part of them, should have come into the treasury : but after some considerable time no payment had been made. One of the [)eriodical overhaulings of the Athenian finances, by the appointment of a commission of inquiry \ now took place on the motion of the aged orator Aristophon : all persons were invited to give information against those who concealed, or were privy to the concealment of, confiscated property and other state debts. Euctemon, the late unsuccessful prosecutor of Androtion, now de- nounced Archebius and Lysitheides as not having ac- counted for prize-money to the amount of nine and a half talents (about .£2300). When the matter came before the people, the three ambassadors had the grace to admit that they, and not the trierarchs, were in possession of the money: but as the latter were legally responsible, it was decreed that payment should be exacted from them, and that a StaStxao-ta should decide the question of liability as between them and the ambassadors. This was on the motion of Euctemon, against whom Androtion and his friends immediately brought a ypa^ry Trapavofxoyv but failed to obtain a verdict. Popularity did not count for much when a treasury claim, especially a just one, was at stake : and on this occasion the ring of orators was divided against itself. The elderly defendants were pro- bably men of expensive habits, and they did not find it convenient to produce the nine and a half talents. Their shifts to put off the evil day were at length exhausted. In the summer of B.C. 353, after retaining the balance for nearly two years, they had only the alternative of imme- diate payment or of being adjudged defaulters ^ 1 i^rjTrjTal, § 11 n. 2 § 20 n. : Blass, p. 244. Their o^e^T^/za or simple indebted- ness would be converted into an d^XrjfjLa or "judgment debt." W. D. d . xl INTRODUCTION. Timocrates, the present defendant, now interposed on their behalf with the law against which the prosecution is directed. Several persons of this name are mentioned bj Demosthenes. The one now before ns is doubtless different from the archon of 01. 104, 1, B.C. 3G4 — 3, the year of Demosthenes' suit against his guardians' : but it has been proposed to identify him with the Timocrates who appears as a witness for Boeotus in the second speech (the Dowry), and who is mentioned as of the same as:e with Boeotus him self ^ Timocrates was a man of mature years and a practised politician, who had often before drawn decrees for hire^; but he had still a father living, and was clearly much younger than Andro- tion*. He was also without Androtion's influence : he liad been associated with him in his exaction of arrears^ and in the melting of the crowns^, but in both capacities as a subordinate rather than as a colleague on equal foot- ing. His public morality seems to have been such as to fit him for the part of jackal to Androtion': what is said against his private character", as against his master's, may well have been gossijD unsupported by evidence. Dirt- flinging came as natural to Demosthenes as it did to Greek orators in general. 1 The archon is perhaps the same man with the first husband of Onetor's sister, who afterwards married Aphobus : i. Onet. ;passim. 2 Boeot. de Dot. p. 1017, § 28, p. 1026, § 59. A. Schaefer, to whom this remark is due, adds very justly that Timocrates must have been somewhat older than Boeotus (iii. 2, App. p. 218). The latter was still a young man at the date of the first speech against him, about 350. 3 § 66, TrdXtti yap ixkjOov koI ypacpiou Kal v6/xovs el(T(f)^pwv wirrat. 4 T. § 200 : A. 66 compared with T. 173. ° T. § 166. 6 T. § 182. 7 irpoaayojyeis, § 161. ^ §§ 200—203. INTRODUCTION'. xli The decree of Timocrates provided that if any state debtor had been sentenced by a court, in pursuance of any law or decree, to imprisonment in addition to making good the debt, it should be lawful for himself or any one else on his behalf to give bail for the specified amount ^ : that he should be allowed till the ninth prytany, the last but one of the year, to discharge the debt : that if it were still owing, he should be imprisoned and the property of his sureties coutiscated^ In the first assem- bly of the new year, on the 11th of Hecatombaeon, he got a confederate named Epicrates to propose that a jury of Nomothetae should be summoned for the next day, under the pretext that sufficient funds had not been voted for the celebration of the Panathenaea with due splendour: and on the 12th the bill was smuggled through notwithstanding a public holiday for the feast of the Kronia, and in defiance, as the prosecution contend, of many other provisions against hasty legislation. The defendants would thus have secured nearly another year's delay; but the law was immediately impeached by Dio- dorus and Euctemon, who on this occasion changed places, Diodorus making the first or main speech and again having recourse to Demosthenes to write it for him. The trial came on, according to A. Schaefer and Blass, about the beginning of 352, or within six months of the law of Timocrates against which the attack is directed^. 1 It is argued in § 82 that these expressions, t6 yeypafifiivov and S u)(f>\s, were designed to deprive the treasury of forfeitures for overdue payments. 2 In the explanation of ivarrj irpvravela § 15 n. I have since found that I was anticipated by Benseler ; an der neunten Prytanie d. i. der vorletzten des Jahres, Einl. p. 76. The older commenta- tors take no notice of the point. 3 In the archonship of Eudemus or, more correctly, Thudemns, 01. 106, 4. The heading Kara TifMOKparovs (not vpos Ti/xoKpdT-^) and d2 xlii INTRODUCTION. Like the former speech, the Timocratea has been reck- oned as a masterpiece both by ancient and modern critics. The rhetor Theon^ in particular notes it as a perfect model of the way in which a bad law should be attacked. But, however masterly as a forensic argument, it does not show to the greatest advantage as a work of literary art. We miss something both of the orderly arrangement and the finished workmanship of the Androtionea. The orator has now a much better case than before; but, on the other hand, as chief accuser he is responsible for proving the whole case ; he can no longer, as in the hevTipoXoyia, select a few points here and there for simple and eflfective treatment. Demosthenes is true to the old- fashioned legal maxim of "admitting nothing" that comes from the other side. There is neither the reality nor (as in many moclern speeches) the afiectation of candour; Timocrates is never once right by accident; his law is noxious from the first syllable to the last^; there is not a single redeeming feature in his private character or in that of the associates for whose benefit he introduced this law. On each of these points the proof is repeated again and again. The intricacy of the speech is a quality which it shares with others of the greater speeches; and what has been said of these by Prof. Mahafiy is equally appli- cable to the Timocratea: "Demosthenes' method of treat- ing a large subject at full length was not that of an the repeated demands for exemplary punishment show that the person of the defendant is attacked, and not merely his law; the rrpodea-fiia or time limit of a year had not expired. Hence it is quite impossible that the law can have been proposed at the Greater Panathenaea of 354 : and the note on § 26 might have been put more strongly. 1 Progymn. pp. 150, 166 ed. Walz, quoted by A. Schaefer I. 348. 2 8 70. introduction: xiiu orderly succession of heads. We see from his imperfect Meidiana, from his perfect speeches against Aristocrates and on the Crown, that his aim was to keep the whole subject all the time before his audience, by means of rapid turns, ingenious retrogressions and anticipations, and constant recapitulations \" Of itself, therefore, this intricacy would be no proof that Demosthenes had not given his final touches to the work. It is different, however, when we come to the repetition of the long passage from the Androtionea, the only instance of the kind in the entire Demosthenic collection^ It is of course possible that Demosthenes may have used, simply for convenience, material which he had worked up on a previous occasion to a high degree of polish. But of all the explanations which have been suggested to account for his thus repeating himself, the strangest surely is that of Lord Brougham, that the Athenians had so keen an appreciation of brilliant oratory as an intel- lectual treat, that they liked it all the better on a second hearing '. Most readers will think the passage, as here repeated, too long a digression from the main subject of the speech, the prosecution of Timocrates; and this, not- withstanding the verbal cleverness with which it has been adapted to its new surroundings*. It is not to be wondered at, therefore, that others besides Benseler have suspected interpolation in this part of the speech. Other 1 Gr. Lit. II. 327. 2 §§ 160—186. For the very different case of the Fourth Phi- lippic, see Mahaffy, p. 323. 3 I am unfortunately unable to recover the reference to this ^ His cleverness has however failed the adapter, whoever he was, in T. § 175, a flat and obscure substitution for A. § 68 : see the note there. xliv INTRODUCTION. considerations, indicating a want either of (1) uniformity of style or (2) unity of treatment in different parts of the speech, point to the same conclusion. (1) The verbal structure of the Timoqratea has been examined with great minuteness by Benseler, first in his tract de hiatu in Demosthenis orationihus (Freiburg 1848), afterwards in the Introduction to his edition (1861). The fifty sections §§ 110 — 159 immediately preceding the extracts from the Androtionea, when tested -by Benseler' s method, yield some remarkable results. They contain no fewer than 100 instances of the sort of hiatus usually avoided by Demosthenes, as against 10 in the remainder of the speech \ Hence he assumed that these sections could not have been written by Demosthenes: and as he also saw, what can hardly be denied, that the transition in § 187 is exceedingly ill managed, he came to the con- clusion that the entire portion comprised between §§110 and 186 is a huge interpolation^ made up, first, from another speech for the same prosecution, possibly that of Euctemon, and secondly from that against Androtion with slight alteration. But the best critics, A. Schaefer and Blass, whose conclusions differ from one another only in minor particulars, find in the disputed §§ 110 — 159 no evidence of an inferior hand, but merely the rough work- manship of Demosthenes himself ^ As has been remarked in the note on § 187, scarcely any of the matter of the 1 Benseler says in the remaining 140 §§, i.e. §§ 1 — 109 and 187 — 218, but excluding from the computation §§ 160 — 186, mainly taken from the Androtionea. 2 Including also the first words of § 187 Kal irepl nkv to6tov Karh. (Txo^rjv ' d 8k TifxoKpdreL crvvepec, ttoWcl \kyeiv in irpos tovtols ^X^v ira^(xo/j.ai. This sentence has difficulties of its own : see the note. 3 It cannot be supposed that either Isocrates or Demosthenes could have brought their published speeches within the rules (very INTRODUCTION. xlv speech, taken section by section, seems unworthy of Demosthenes : and we cannot hesitate to prefer this less sweeping excision to that of Benseler. It will be ob- served, however, that both suppositions are equally fatal to the absolute integrity of the speech : i.e. to the notion that the MS. can have been handed over by Demo- sthenes in its present form to Diodorus, the man who was to speak it. And this argument is powerfully re- inforced by another consideration than that of style and manner. (2) The speech unquestionably begins by assuming that the ambassadors have not paid the money claimed by the State : that the vengeance of Diodorus is to be gratified by compelling Androtion, his old enemy, to disgorge his plunder, as well as by the repeal of Timo- crates' law, and, if possible, the punishment of its author. Nothing inconsistent with this assumption is found all through the disputed portions of the speech §§ 110 — 186 ; the non-payment is distinctly implied in §§ 117 — 118, where the question of imprisonment is argued, not in the abstract, but with reference to the liability of Androtion and his colleagues. But in §§ 187 — 189 it is admitted by the prosecution that the claim has been satisfied; and from thence to the end all that is said is consistent with this admission. The first half of the speech, §§ 1 — 109, in general points the same way : the arguments of §§ 1 7 — 109 are not directed to this particular case: but in the introductory §§ 1 — 16 we find conflicting expressions. different in the ease of the two men, see § 72 n.) which they had respectively laid down for the avoidance of hiatus and unrhythmical combinations of syllables, without an immense amount of elabora- tion. This polish Isocrates, who had nothing better to do, was always ready to give : Demosthenes, the man of aHairs, only occa- sionally when he prepared a speech for publication. xlvi INTRODUCTION'. The non-payment is at first clearly presupposed': but before we get to the end of the short statement of facts in §§ 11 — 16 the situation is altered^ Hence A. Schaefer and Blass have been led to the conclusion that we have here two recensions of the speech; that when Demo- sthenes first drafted it the state debt was still unpaid; that before the trial came on he had to rewrite it owing to the ambassadors having refunded ^ The repetitions from the Androtion, if inserted by Demosthenes at all (a point discussed further on), thus clearly belonged to the earlier recension only. When the change of plan became neces- sary, the first sketch, ''full of vigorous sallies against Androtion and his colleagues*," may have been complete in substance, but had not yet received the final polishing : the hiatus valde defiendi of §§ 110 — 159 are thus suffi- 1 § 2 iva.../x-^...KaTadcS(xi, subjunctive not optative : %8 ^ovXol/jltjv S' dv...rovTov iraOeiv wv d^ios ■iarLv, i.e. Androtion, who can be touched in no other way, must be made to pay : § 9 Timocrates tup iepCov fxkv XPVI^'^^^ '^^^^ deovs, tQiv 6<tIwv 5^ ttjv ttoKlv dir oare pel and so below KadicTrjaiv , both verbs in the present (Blass). 2 tQiv fxkv yap x/aTy/iaro;;' dpaxfJ-rju ov KaridrjKav vfuu, § 16 : where see note. 3 Benseler, Einl. p. 82, claims for himself the discovery of a " foreign element" in the speech, and mentions A, Schaefer and Voemel as having followed him. He merely proposed, however, the excision of §§, 110 — 186 : the theory of a double recension, which accounts much more satisfactorily for the origin of §§ 110 — 159, was first struck out by A. Schaefer, and further proofs sup- X)lied by Blass. If we assume, with A. Schaefer, that the prosecu- tion was at first directed quite as much against the ambassadors as against Timocrates himself, the motive of Diodorus in under- taking it is more clearly explained. But when the debt was paid Androtion no longer afforded a mark for the openly proclaimed vengeance of Diodorus. Diodoros, des Demosthenes Scbiitzling, konntenun seinemHauptfeinde nicht mehr beikommen, A. Schaefer III. 2. 65. ^ Voll wirksamer Ausfiille gegen A. und seine Genossen, Schaefer, I.e. INTRODUCTION. xlvii ciently accounted for. The difference of style corresponds exactly with the altered point of view : for it is precisely these sections which cannot have been spoken under the circumstances of the actual trial, after the debt had been discharged. Whether any portion of the speech as finally corrected and delivered has been lost in the process, by which the two recensions of it were fused into that which has come down to us, is not easy to decide. Benseler, thinking only of interpolations by another hand, not of a rewriting by Demosthenes himself, imagines that by simply bracketing §§ 110 — 186 (and § 187 down to the word 7ravo-o/xat) he has restored the integrity of the speech. And Blass so far agrees with him, that he thinks the second recension may have consisted of §§ 1 — 109 and 187 — 218 with not more than a single connecting sen- tence now lost\ Schaefer merely expresses an opinion that the second recension was shorter than the first, and carefully completed in all its parts. It can hardly be supposed that this amalgamation^ was the work of Demosthenes himself. Our two great authorities express themselves somewhat difierently, but their conclusions are substantially the same. A. Schaefer is the more explicit of the two : "either Diodorus put the speech in circulation in its present form through hatred to Androtion, or some one else took pains to render it as complete as possible, so that no part of Demosthenes' sketch might be lost" (iii. 2. 65). Blass reminds us that there was a Se^jxepoXoyta to follow, and that thus the replies to objections and the epilogue may not seem too short; and adds that the entire manuscript of Demosthenes 1 Es geniigte zur Ueberleitung zwischen 109 (110) und 187 ein Satz des Inhfllts : ich wundre mich, was er zur Vertheidigung sagen wird. Blass, p. 249. 2 Contaminatio as Terence would have called it. xlviii INTRODUCTION. was "edited" (he does not hint by whom) in such a way as to give the appearance of unity to the two combined recensions (p. 249). Without venturing to dogmatise, we may further point out that the editorship of Diodorus seems highly probable on more than one ground. That Demosthenes himself should really have emjployed a second time the passages which had been spoken on the previous trial seems very unlikely ^ : and no mere literary collector would have had sufficient motive for inserting them here. But Diodorus might well wish to give as many people as possible the opportunity of reading invectives so damaging to Androtion; and the two speeches were almost certainly his own property, over which the paid logographer could claim no further control^. As the result of the foregoing discussion, the component parts of the Speech may be thus briefly characterised. ^' §§ 1 — 1^9 belong to the second recension: the payment of the money is in general presupposed, though with some inconsistencies (already pointed out) in the first 16 sections, as though the two different proems had been insufficiently welded together^: the diction is polished up to the usual smoothness of Demosthenes in his finished speeches, ii. §§ 110 — 159 belong to the first recension. Nonpayment is presupposed throughout: and the style 1 It is only right to mention, as a point the other way, that the parallel section A. 74 = T. 182 seems more in its place iu the latter speech : see the note in A. 2 The probability that speeches in private suits became the property of the client, is noticed both by Prof. Mahaffy Gr. Lit. ii. 305, and by Prof. Butcher, Demosth. p. 139 n. 3 The state of these opening §§ furnishes perhaps the strongest reason against attributing the fusion to Demosthenes. The pre- sent editor, at least, cannot believe him to have been responsible for such slovenly workmanship. INTRODUCTION. xlix remains comparatively in the rough, iii. §§ 160 — 186, repeated from the Androtionea with slight alterations, either belong to the first recension or (more probably) to neither : the question of finish does not come in here. IV. §§ 187 to end belong to the second recension : the payment is once more presupposed and the diction has received its final touches \ " What was the result of the prosecution we are not informed. We can scarcely conceive, indeed, that it failed altogether, for the arguments of Demosthenes seem conclusive as to the illegality and inexpediency of the law against which they were directed. But as the demands of the State had been previously satisfied by the payment of the prize-money, the original subject in dispute, we may conjecture, as Demosthenes appears to have expected (§ 218), that Timocrates was not severely punished either in purse or person ^" Androtion henceforth drops out of history : it seems that he quitted Athens not long after- wards, retired to Megara, and there wrote his historical work, the Atthis, in the enforced leisure of banishment^. 1 Owing to the complexity and the repetitions of this Speech, it has not been thought necessary to give in this place an analysis of its contents, as was done in the Introduction to the companion speech. The reader who desires to follow the tortuous course of the argument is referred to the abstracts prefixed to each paragraph of the commentary : they may be read consecutively in order to get a general view of its drift. ^ These sentences are borrowed from Mr Whiston's Introduc- tion. In going over the same ground with a still living English editor, I have, I trust, been especially careful in acknowledging every note or remark for which I have been indebted to him, 3 Welches der Erfolg der Sache war wird nicht iiberliefert ; doch verliess A. nicht lange darauf, wie es scheint, Athen und zog sich nach Megara zuriick, wo er, wie Plut. de exil. c. 14, p. 605 C. berichtet, in der Musse der Verbannung sein Geschichtswerk nie- derschrieb. Westermann ap. Pauly i. ed. 2, s. v. Androtion. 1 INTRODUCTION. The identity of tlie historian with the orator is almost certain \ The 'At^is was an historical or rather "anti- quarian and annalistic^" account of Attica from the earliest times. The number of books of which it consisted is uncertain: the twelfth is cited by Harpocration (s.v. ''k\x^i- TToXts). It is not a little remarkable, as bearing on the question of identity, that the extant quotations from this woi-k just cover the period of Androtion's political career, and a few more years which he may have passed in exile: the latest event noticed is the hiw^rvq^Kji^ in the archon- ship of Archias, 01. 108, 3, B.C. 346—5". If he died 1 For it are A. Schaefer i. 351, who replies to the objections of C. Miiller and others, the German writers generally (see Schaefer's references), Whiston, and most positively Westermann I. c. Bass der Geschichtschreiber A. von dem Redner und Staatsmannverschie- deii sei...ist schwerlich richtig, says the latter. Against it Kuhn- ken, Dindorf in his introductory notes to the Androtionea, C. Miiller, Pref. to Fragm. Hist. Graec. i. p. Ixxxiii., and Siebelis, whose argument from style is controverted by Miiller himself. 2 Whiston, after Donaldson, Gr. Lit. i. 229. 3 Harpocration s. v, dia\l/ri(piats : printed by Miiller as fr. 133 of Philochorus. The fragments of the 'Ar^ts are in Miiller i. p. 371 — 377. I have read these fragments, and must demur to the in- ference drawn from two of them by Mr Whiston as to the untrust- wortbiness of Androtion as a writer. In Pausan. vi. 7, the words el d^ Tov ovra elirev ' KvbpoTMv Xbyov must mean " if he is right in this particular instance," and convey no imputation upon his gene- ral character. The other case is more palpable. Aelian V. H. VIII. 6 says : ^avTa 'AvdpoTiwv \^yet, et tcj} ttio-tos [uirep rrjs aypa[X[xa- Ti'as Kol airaibevalas Qpg.Kwv TeKfuqpiQaaC]. The meaning of course is, "if he is sufficient authority to prove the illiterateness of the Thracians :" Mr Wbiston's quotation stops short of the words in brackets. To none would the unqualified phrase el' ri^ iriaTos be more applicable than to Aelian himself. That the Thracians were unable to read and write he evidently thought a statement so startling as to require special attestation ; an opinion more credit- able to the general diffusion of "elementary education" in the Graeco-Eoman world of his time than to his own good sense. INTRODUCTION. li before Chaeroneia he may be pronounced /e^io; opportuni- tate mortis. It remains to say a few words as to the view taken, in the Introduction and Notes, of the Athenian character and, in particular, of that of Demosthenes. A close examination of the workings of Athenian law-courts cannot fail to bring into relief some of the weak points of the national character : and when I find Demosthenes descending to arts of which even the less respectable lawyers of the present day would be ashamed, I cannot suppress the fact. But I should be sorry to be thought wanting in generous appreciation either of Athens or of Demosthenes. If it were not that men's minds, in judging of Greek democracy, are under the influence of modern political prejudices, no one who had studied the condition of mankind at different periods of history con Id doubt that the Athenian community was, on the whole, the happiest that ever rested upon a basis of slavery. That the free joyous old Greek life attained its climax among the fully enfranchised citizens, with their round of varied political and intellectual excitements, even the least favourable critics admit. That the unenfranchised aliens, whether ^eVot or />t£TotKot, were better treated than elsewhere, is shown by the marked preference which they displayed for Athens, above all Greek cities, as a place of residence and of business. And Athenian slavery, with its inevitable dark side, will compare favourably with the same institution at Rome, or as practised by Christian rations in the New World. While we study, in the Orators, the mingled legal and political issues fought out in Athenian courts, we do well to remember the very late growth of the spirit of justice and humanity in lii INTRODUCTION. modem procedure. The rage of faction, and the judicial murders m which it sometimes expended itself, were, more excusably, no worse at Athens than in the England of 200 years ago. The Athenians were to our notions strangely indifferent to human life; but their capital punishments were far less revolting than those of Europe generally one hundred years ago. Their ideas in matters of political economy were scarcely more rudimentary than some that crop up even in that oasis in a protec- tionist desert, the England of to-day \ I am even more unwilling to be suspected of injustice towards Demosthenes, as I am not carried away by the current of recent opinion which in this country has turned against him, and has been supported with re- markable literary ability. The view which commended itself to minds at once so robust and so dispassionate as those of Thirl wall and Grote may yet prevail over the depreciatory criticism of the Messrs. Simcox and Prof. Mahaffy. In the former more especially we seem to recognise a readiness to accept any evidence when a great reputation is to be ruined, and something too much of triumphant iconoclasm^ Because Niebuhr injudiciously 1 Some comparisons on these and similar points will be found in the notes : e.g. T. 76, 125, 127, 140, 212. 2 Prof. Mahaffy, it is some comfort to observe, does not coun- tenance the charges against Demosthenes' private morals, and indeed gives weighty reasons against doing so: p. 351 n. The Professor, I venture to think, seems to hold and certainly suggests to his readers a more favourable estimate in the bulk of his chap- ter on Demosthenes than in the sentence or two in which he de- clares his adhesion to the views of Messrs Simcox. Having had occasion to differ in opinion with Prof. Mahaffy on this one point, I gladly express my concurrence with his views on two other ques- tions, on both of which he has had to encounter much adverse criticism, (i) While fully sharing his admiration for the great works of A. Schaefer and Blass, I rejoice that he has raised his OF THE INTRODUCTION. Y ^ OF THE ^r pronounced him "almost a saint," we ar0^q({Hjist;ifi6^n denying him the possession of common hone sthenes undoubtedly amassed great wealth, out by methods which the morality of his day sanctioned. In an age when selfishness was not yet sufficiently recognised as a vice, he lived simply and gave aw^ay largely. If he protest against the scepticism which the former writer carried to an extreme, and from which the latter shows only a slight reaction. Schaefer had reduced the number of genuine speeches to twent}*- nine : Blass raises it to thirty-three. I agree with Prof. Mahaffy in thinking that ultimately a much larger number will be acknow- ledged. If speeches can be proved on internal grounds to be earlier than Demosthenes, like the Callippm, or later, like the Dionysodorus (a doubtful instance after all), well and good : but I hold with Prof. Mahaffy that we are not entitled to reject, on grounds of style, and still less of dishonesty in the argument, works which commended themselves to the fastidious critical taste of Dionysius. (ii) In his Social Life in Greece Prof. Mahaffy, as is well known, places the Greeks on a lower level, especially as regards honesty, truthfulness, and public spirit, than is claimed for them by more thorough-going admirers. Here also it appears to me that he is right. At the last moment while these sheets are passing through the press, I observe in the Academy, Oct. 21, 1882 a review of Herr Schmidt's work on the Ethics of the Ancient Greeks. The reviewer thinks this last and most learned German investigator strongly opposed to Prof. Mahaffy' s views : but he makes the following admissions. (1) That the Greeks were " want- ing in appreciation of the duty of man to man, as such, and were disposed to consider the rules of war applicable to the relations of individuals of different families :" (2) that they were not remark- able for family affection : (3) he would be glad to hear (Herr Schmidt apparently having said nothing) what the Greeks thought of commercial dishonesty : (4) Aristotle testifies in his Politics to the difficulty in getting magistrates who would face odium by en- forcing sentences against their fellow-citizens : (5) Greek practice in morals fell a good deal short of Greek theory. I think Prof. Mahaffy here gets all that he wants in the way of concession. No one has denied that Plato and Aristotle erected on their several bases sufficiently high systems of morality. But a still higher system may coexist with grave faults in a national character. liv INTRODUCTION. took tlie money o£ Harpalus, a charge wLicli after the recent strengthening of the case against him ^ we would by no means deny, so pure a patriot as Algernon Sidney accepted a pension from Louis XIY. Had the motives of Demosthenes throughout his career not been pure in the main, he could have had no inducement to place him- self in marked opposition to the other orators : he would have hunted with the pack, and this notoriously he did not do. When the day of trial came, his unpopularity and isolation served to point the malice of his enemies. As an advocate he was, we have seen, in no respect in advance of his time. The courts and assemblies of Athens were no schools of stainless honour, of gentleman- like feeling, of scrupulousness in argument, of decent reticence in language. On a wide historic retrospect, we may place Demosthenes on a level with the noblest patriots of all times. We may believe, without credulity, that the author of the Speech on the Crown was as incapable of selling his country as Chatham or Peel. But when we turn to the forensic side of Attic oratory, we feel how much has been gained by modern culture and by Christian morality. The true "glory of Themis" has unquestion- ably risen higher among the countrymen of a Cockburn and a Coleridge, or of a Berryer and a Dufaure, than among the countrymen of Th'emistocles. 1 By the discovery of the Hypereides papyri : see Mahaffy ii. KATA ANAP0TIQN02 nAPANOMQN. AIBANIOT TnO0ESl2. Avo Tjaav ev ^A6r]vai<; ^ovXal, rj fiev BtrjvefCTJ';, tj iv ^Apelw Trayo) irepi re (f>6p(ov eKova-icov koX TpavfidTcov Kol roLovTcov TLVixiv ScKd^ovaa, erepa Se r) rdiroKiTiKa irpcLTTOva-a ' avrr) Se Kar iucavTOV y/jLf.i^ero, i/c irev- raKoalcov dvBpoov twv ttjv ^ovXevTiicrjv '^XcKiav dyov- Tcov avvLCTTa/jievr}. v6jjlo<; 8e rjv iTnrdrTCJV rfj fiovXrj TavTTj iroLelaOaL TpL7jpeL<i Kaivd<;, edv he fxrj iroirjarjTaL^ KwXvwv avrrjv alrelv irapd tov Btjfiov Bcopedv. vvu rolvvv rj fiev jSovXr) ra? rpcTjpec^; ovk eiroLrja-aTO, ^AvBpoTiwv Be yeypacpei^ iv tq) Brjfiw '\jr7](l)i,(T/ia crre(f)a- vwcrai rrjv jBovXrjv. eirl tovtco irapavoficov Kpiverac, Argument. A}jo...^ov\al] The distinction between a judicial body {diKd^ovaa) such as the Court of Areiopagus, and a Council of State (ra ttoXitikcl irpaTTovaa) like the Senate of Five Hundred, was less clearly marked in ancient times : hence the common term ^ovXij is ap- plied to both. dir]V€Kr]s] ' perpetual,' because its members were elected for life; opp. to KXrjpuiTTi Kar' iviav- t6v. rpav/xdruv] Diet. Antiq. s.v. Traumatos ek Pronoias Graphe. W. D. ^ovXevTiKTju TiXiKlavl Thirty, as for the rfkLaaTal. See the He- liastic Oath, Timocr. § 150. iTTOirjaaTo ... y^ypaipey] The confusion of aorist and perfect in late Greek is noticed by Mr Paley on the Arguments to the speeches irpbs ^opixiwva, p. 906, and vir^p ^opjuiiuivos, p. 943. So 7rpoeipr]K€ below unless we may say that Euctemon has opened the case and now Diodorus ' follows on the same side ' (eTra- yiovi^eraL). ■7rapai/6/xusy] Diet. Antiq. s.v. Paranomon Graphs. 2 KATA ANAPOTiriNOS [argument. KaTTj'yopovvTGOv avTov Svo i'^Opwv, 'EvKTTJ/jLOVO^ Koi AloScopov. Kol irpoeipTjKC fiev 6 EiVKTfj/jLoyp, 8evT€po<; Be 6 Ai,68(opo<; iTrajcovl^eTat tovtw tm \6ya). (f)aal Se 01 KaTTjyopoi TrpwTOV fiev dirpopovXevrov elvai TO '\lnj(f)to-/j,a (yofiov <ydp Kekevovro^ firj rrporepov eh TOP Srj/jLov '\lr^^ta/jLa eKc^epeiv, TTplv ev rfj ^ov\fj Boki- /jLaadeLT), top ^AvBporLcova irapd tovtov tov vo/jlov dirpopovXevTov elo-eveyKelu rrjv jvcofjLijv), Bevrepov Be VTrevavTLOV cKelvay ray vojxw tu> Ke\evovTi fjurj Trotrjaa- fievrjv TTJv /SovXtjv ra? TpLT)pei<i fir} alrelv Scopedv ' el yap alrelv ov/c e^eari, BrjXov w? ovBe to Bovvat avyKe- 588 '^(oprjrat. tovtov^ fiev eh to Trpdyfia tov^ vo/jlov^ ' irap€'X,ovTaL Be kol Kard rod Trpoaooirov Bvo, tov Trjg eTatpr](Tew<; kol tov toov o^etXovTwv tS 897/iocr/ft), xal (paal TOV ^AvBpoTLcova Kara dfjucfyoTepovf; drt/jLOv elvai ' KOL yap TreTTOpvevaOat koI %/3eo9 iraTpufov oipelXeiv TTJ TToXeL. ETEPA rnoBESiS. Aid<j)opoi, irap ^ K6r]vaioL<^ VTTTJp^ov dp')(^cu, Sv at fiev fc\7}pa)Tal, at Be '^eipOTOvijTal, at Be aipeTaL koi KkripwTal /Jbev at Kara Kkrjpov yivop^evai, C09 al tu)V BiKaa-Twv, ')(eipoTOVT]Tal Be al Kara '^(^eipoTOviav tov Brjfxov ytvopievaL, w? al tcSv (TTpaTTfyoov, aiperal Be al dirpo^oijXevTov] See § 5. must not blind us to its many Ke\€vovTL...ixf) aiVeri'] A clas- defects of style and misstate- sical writer would have said ments of fact. 'AirtStcurToXij for ttTayopevovTL jxri aireiv. 'contradistinction,' vwoTrivTeLv eis TO irpay/Jia... Kara TOV irpo(T- 'to consist of,' irpoXa^ovTos iii-irovl 'bearing on the case,' 'previous,' elaUvai. ev ti^ b-qfxip * against the person ' of Andro- for e/s tov drjfiov, all savour of tion. grammarians' Greek. Second Argument. The re- alpeTal] There is no real mark of Taylor, that this argu- difference, as Boeckh and others ment is ' illustre ' (i.e. a chief have pointed out, between this source of our information) on and x^''PO'^ov7]Tai. the Senate of Five Hundred, argument] ITAPANOMON. 3 Kara aipecnv, oj? al roov x^PVy^^- tovtchv ixla r^v Twv KkrjpwTwv rj ^ovXrj rwv TrevraKOCTLCov. rwv irev- Ta/coalcov Be elirofiev tt/oo? dvriBLacrToXrjv Trj<i iv ^Apeco) TrdyM. €l<rl Se tovtcov 8La<popal Tpei<;. /cal TTpwrr) earl to rrjv twv TTevTaKQcriwv rd Srjfioaia irpdyfjiaTa ScotKeov, rrjv Se iv ^ Apeiw ird'^w ra ^oviKa jjbovov. el Be rt? ecTroc ore koI avrrj BTj/jLoaia BtwKei, Xejofiev ore, rji'Lica fieylaTi] dvdyKrj iyiyvero, rore fjLovov irepl Br)fioa[(ov avvrjyero. Bevrepa Biacjiopd, OTi Tj fMev Twv TrevraKocrlwv dpid/jLm v7ro7ri7rret> copt- a-fjiivoi), Tj Be dopiarq). a><; ydp TLve<; t(Sv prjTopcov Xiy overt, Kar eTo<; ol evvea dp^ovre'^ avrfj Trpoaeri^ OevTO ' (W9 Be TLve^i, ore ol ef fxovov Oecr/Moderao. rjo-av ydp ef 6eafMo6eTat, ol irepl eraipTJaeox; BiKd^ovTe^i, rjaav Be Kal dWot Tpe2<;, eh eirwvvjjbo^, ef ov /cal 6 ivcavTO^ eirwvvfio^ wvofjud^ero, BevTepo<; 6 ^a(TiXev<;, 6 rd Twv 6p(j)avoov Kal daeffecwv Bcolkcov, rpLTd 6 TroXe- ^ap')(o^, 6 Twv TToXe/jLiKcov e7rLp,eXovp,evo<;. ol Be ^e-589 afJLoderai eviavrov fjbovov rjp^ov, irpo Trj<; dp'^^<; Kpivo- jJbevoL irepl lov irpoXa^6vTo<; iravTo^ ^iov. Kal elfiev evpeOrjaav iv irdcn BiKaLOL, '^px^v rov iviavrov, elra irdXiv (jLerd tov ivcavTov eKplvovro, el /caXaJ? iv avTco yp^av ' Kal el BLKaLco<i o)<p07](Tav dp^avre^, irpoaerl- OevTo rfj jSovXfj rwv ^ ApeioiraycTcSv. Kal Bid tovto ws 5^ Tives, OTi] The on is ments here and below, p. 589, superfluous after cis, but, as 1. 1. The doKifxaa-La [irpb rijs Schaefer observes, a similar apxn^ Kpivbixcvoi) and evdvvai {el laxity or confusion between /caXws vP^o-^) obviously refer to two constructions is not uncom- the whole nine, mon even in classical writers. ra tCiv 6p(pavcov Kal d<xe^€iuv] The name Thesmothetae seems A mistake as regards the former, to have been sometimes applied The Eponymus, and not the to all the nine Archons, and Basileus, was the guardian of not merely to the six juniors : orphans and heiresses {eiriKXr}- hence the rather confused state- poi). Diet. Antiq. s.v. Archon. 1—2 4 KATA ANAPOTmNOS [argument. ov'X^ vTreTTiTTTOv apiO/jLa>. el Se fjurj, i^ejSdWovTo. rpLTTj Sta(j)opa, OTL rj fiev rwv TrevraKoatcov /car iviavTOv hLehe')(eTO, ?; he toov 'ApeLOTraytrwv rjv d8cdSo'^o<; ' el firj yap Tt9 rj/jLapre fJLejaXco<;, ovk i^efidXkero. eVeiS?; Be ov TTpoKeiraL rjjuv irepl .Trj<; iv 'ApeLtp nrdyw /5of- X^9, dWd Trepl rwv irevraKoalcDV, dvayicalov jjuadelv r)iJLd<i iTOo^ '^p')(ev. lareov '6tl ovk i'^rj^i^ov ol ^ A.6t)- valoi TOi)? fjLriva^ Kara tov rfkLafcbv hpopiov, co<; rj/tet?, dWd Kara tov aeXrjvtaKov. Kara yap rov rjXiaKov ^^et 6 eviavro'^ rjixepa<; TpiaKoala'i e^t]K0VTa Trevre, coare o-vfi/SaLVet €')(eiv tov firjva Tjfxepa^ TpudKovra Kal TpLTOv Kal BcoSeKaTOV. BeKdKi^ yap TptdKovra rpta- Koaia, 8t9 TpidKovTa e^rjKovra ' Xoiird Trevre. to Tpirov Twv ccoBeKa Tea-adpa ' XotTrrj fila. hcdheKarov Be Trj<^ fiLd<; Bvo eari. Kara Be rov creXTjvLaKov Bpo/iiov 6 eviavTO<; e^^t TpiaKoaia^; TTevTr]K0VTa reacrapa^;, coo-re av/jL^alvei rov fJbrjva e'y^eiv rjixepa^ elKocnevvea rjjjLLcrv. BeKdKi<; yap eiKocn BiaKocrta, 8t9 eiKoo-i reaaa- pdKOvra, BeKdKi^ evvea evvevrjKovra, SI? evvea Be- KaoKTw, Kal TO ijixiav rwv BooBeKa ef. ware S/mov elvai 7]/jLepa<i rpiaKoa-iaf; irevri^Kovra reaaapa^;, viro- XeiirecrOaL Be Kara rov yXcaKov Bpo/jLov y/Jbepa<; evBeKa, a? ^KOjjvaloL Kara r pier lav crvvdyovre^ eiroiovv rov €/jl^6Xljjlov /jbrjva rpiaKOvra rptwv rjfiepcov. e^et yovv cqq eviavro^ Kara rov aeXrjvtaKov Bpofiov TpLaKO<j[a<i rrevT'^KOVTa reaaapa^; r^jxepa^;. Kal rd<; fiev B' rjp.epa<; apiOix^ i.e. apiOfiQ wpLa-jii^vcp, equally among the twelve expressed above. As E. W. months. points out, the subject of vtt^- t6v e/j.j36\cfj.ou firjva. It is not TTLTTTov is 01 'ApeLovayiTai, that worth while to correct in detail of i^ejSdWovTo is ol deo-fiod^raL. this writer's statements about rpirou Kal dudharov] The the mode of intercalation. It Greek way of exiDressing ^\. is enough to refer to Diet ^Jitig-. The five days over and above s.v. Calendar (Greek). 360 are supposed to be divided ARGUMENT.] TTAPANOMflN. 5 ifcaXovv ol ^AOrjvatoi dp^aip€(TLa<;' iv ah avap'^o^; rj ^Attckt) rjv. iv Tavrati; Trpoe^aXXovro tov<; dp^ovra^. ^pyov ovv ol irevTaKoaioi rcu; TpcaKoaLa<; Trevr^Kovra 7]fjLepa<;. dXX' eVetSi) ttoWoI '^crav koX Bvo-')/€poo<; rjvvov rd Trpdy/jLara, BceiXov iavrov^; et? Se/ca fxepiha^; Kara ra? (j>v\d<^j dvd irevTrj Kovra ' too-ovtov<; yap ifcdaTT] (j)vXrj TTpoe^dWero. cLVre crvve^aive tov<; 7revT}]K0vra dp-^etv roctv dWcov ava TpuaKovTa irevTe rjjjbepa'^. avrat yap al TpiaKovra irevre y/xipac elal TO BeKarov fiipo^; tov iviavTOv' Be/caKifi yap rpidfcovra TpiaKocna, irevraKL^ BeKa TrevTrjKovra. dX)C eVetS?) irdXiv ol TrevTrjKOvra ttoWoI rjaav et? to dp-^ecv ofia, ol heKa Kara Kkrjpov jxlav rjjjbepav twv evrra, 6fjLOLco<; Be 6KaaT0<; rcov ciWcou anro Kkrjpov ^/>%6 Trjv iavTov rjiMepav, ci'^pi<; ov irXTjpcodcSatv al eirrd rjfiepat,. Kal avve^aive roU dp')(ov(TL rpeh M dp')(6LV. 6Ka(TT0<; Be dp')(wv iv fita 'Tjfiepa iicaXelro iiriaTaTTj^;. Bid tl Be fjLLav fjLOvrjv rjp'X^ev', iireiBrj avro^ ra? KXel<i rrj'^ dxpo- TToXeo)^ iinaTeveTO, Kal iravra rd ')(^pr] fiara tt]<; TToXeo)?. Lv' ovv fjLrj ipaaOfj TvpavviBo<;, Bid tovto filav r^fjbipav iirolovv avrbv dp^ai. lareov S' ore ol fiev TrevTrjKovTa iKaXovvro Trpvrdvec^;, ol Be BeKa TrpoeBpoi, u Be eh iina-TdTT]^. jxeriTeov Be iirl tyjv viroQeaiv rod irpoKeLfxevov Xoyov. "E^o? Tjv TTjv l3ovXr]v Twv TrevraKoalcov Xa/jiffd- vovaav ')(^pr)iMaTa dirb tov Bjj/jLov Kaivd^ TpLrjpei^ ttol- dvapxos] Here too, as Funk- to the tribes which came last in haenel puts it, 'Scholiasta som- order (Assemblies, p. xvi.). niat.' We learn from Harpo- /miav -^fMepav tQv eirra] In cration (s.v. irpuTaveia, quoting reality the ten proedri presided Aristotle) that some of the Pry- for seven days, not for one day tanies consisted of 35, others of in seven. On this whole sub- 36 days ; and Schoemann has ject of the Prytany and its divi- further proved that the four sions compare Diet. Antiq. s.v. supernumerary days were given Boule. <5 KATA ANAPOTmNOS [argument. elv. vo/JLO^ Be '^v Trjv ^ovXrjv rrjv Bo^aaav tw Br/jjuq) Ka\co<; jBe^ovXevKevai crrecpavovaOac. avrr) ovv '7 59 1 PovKrj, irepl tj^; 6 Xoyo';, Xa^ovaa ra ')(^pr/fjLaTa e/c rod hrjfJLOV Ta<i Tpirjpei^ oufc iiroirjorev^ iSoKet 8' et? ra aWa TTcivTa Ka\w<; jSe^ovXev/cevai. 6 jovv ^AvBporlcov 6 prjTcop, TTpoardrrjg wv TavTT)^ rrj^; jSovkrj^y eypasjre yjr^<j)i,(TfJya (rrecfyavcoOyvac rrjv ^ovki'^v. tovtov i\d- ^OVTO Tov '\jr7j(j)l(7/JLaT0'i W9 'TrapavofjLco^ ypa(f>evTO<; EvKTrjfJicov KoX AwS(opo<;, i^Opol ovTe<i tov ^AvSporl- Q)V09. eo-TLV ovv rj ardaif; TrpayfiariKr] e<yypa<fiO<;y eTTLo-Keylrt^ fjL6XX,ovTo<; ')(p6vov, el Set roBe Troirjaai ^ el Bet ToBe Bovvat rj fxr). koX eiretBrj irpo^ rrjv crrdcTLV TOV \6yov (TV/ii^dWeTai, vpuv to ixadelv ra? Bifcato- Xoyta^;, <f>epe irpooTov ra? twv KaTTj'yoptdv e^eTdaco/ubev. EvKTTjjjLwv ovv KoX At6Bcopo<; eTTtXafiffdvovTai KaTo, Tea-(Tapa<; v6/jiov<; tov '>^r}^iapbaTO<^, wv TrpwTO^ iaTtv, dirpopovkevTOV 'yfrrjcj) tafia /jurj elcrtevat iv tS Btj/io). eVetS?) yap '7ro\v<; rjv 6 BrjjJLO^ koI 7roWdKt<; irape- KpoveTO, firj vowv el e')(^et efi(j)0)\evov(rav KaKovpy'iav, irpcoTov irapeTrefxireTO eh ttjv fiovXrjv twv irevTa- KoatcoVf Kal avTrj rjpevva, el e'^et ^Xd/Srjv Ttvd ^ KaKovpyiav, Kal ovtw^ elariyeTO eh tov Brjfiov. eBet ovv avTov irpwTov elaeveyKat to yfnjcfua/Ma eh Trjv -irpo<TTaT7)s] 'A leading man,' anatomy of rhetoric aie not ne- E. W. rightly after Schaefer. cessary either to the study or ^ o-Tctcrts] ' The question the Hterary enjoyment of the (status Quintil. in. 6. 1, quoted Orators, by Shilleto on F, L. Argument) et ^x^i] sc. to rj^rjcpiafxa, with turns on matters of fact con- this writer's usual carelessness tained in writings:' in the pre- as to the subjects of his verbs, sent instance, on the construe- So below e^o/Sctro /j-tj dLa(pojvr)d^ tion of certain laws. For the is 'Androtion feared lest his different kinds of ardaeis Er- motion should be opposed:' a nesti. Lex. Technol. s.v. Uotdr-ns, late sense of this verb found in may be consulted : but the tech- Dion. Hal. The alteration to nicalities of the writers on the 8i.a^dovr}dy seems unnecessary. ARGUMENT.] nAPANOMON. 7 fiovXrjv. ovK el(Tr}ve<yKe Se, eVetSr) vewarl dp^aaa tjv rj PovXrj, KoX icjio^elro firj SLa<j)0ovr)6f}^' eKa(TTO^ 'yap Tov TT/oo avTOV OeKeL hel^ai KaKw<^ dp^avra. hevTepo<; v6fjL0<;, rrjv ^ovXrjv rrjv iroiTjo-acrav rd<; rpiripeif; alrecv Ty)v Scopedv. TpLTO<; v6fjL0<;, tov rjraiprjKOTa firj ttoXl- reveadai ' 'AvSpoTia)v dpa, 09 i^raiprjKev, ovk to(/)etXe TToXireveaOai. rerapro^ vofio^, tov eiroi^eiXovTa Tot Brjfioo-Lq) fir) iroXLTeuecrOat ' av Se, w ^AvBpoTtcov, o(^e/A,et9 * OVK dpa Bel <re iroXiTevecrOai. eiiroj/xev Be 592 Kal Ta9 TOV (f)evyovTO<; BcKaioXoyLa^;. 6 tolvvv 'Ai/- BpOTLCJV 7rp09 TOV ITpdoTOV VOjJLOV Wei dyo)VL^€Tat> ' XeyeL yap otl e9o<; ifcpaTrjaev aTrpoffovXevTov yjrrjcpKr' fia elo-dyeaOai iv Ta> Brjfiw. irpof; Be tov BevTepov dvTLVo/JLCKoo<;' 7rapa(j)epei, yap Kal avTO^; erepov vofjbov XeyovTa ttjv ^ovXi)v, edv Bo^rj KaXoo<; ^effovXevKevat iv TO) Brjficp, (TTe<j)avovo-Oat. 7rp09 Be tov<; aXXovi Bvo TrapaypacjycKcof; dywvL^eTai, Xeyoav otl dpTtovK w^eiXe KpiveaOai irepl tovtwv. Tfcz/e9 S' eire')(elp7](Tav tovtov tov Xoyov elirelv irpayjJLaTCKrjv irpb^ dvTivo/iLav, XeyovTe<; otl "IBov Kal *^evTav9a Bvo vofMOL ^d^^ovTai dXXyXoi^; ex irepL- "o-Tacreft)9, ^v 6 €t9 irapaffefiao-TaL Bid to KvpcadrjvaL '^ dia<p(i}V7]6y Bekk. Bens, cum libris. TTju iron^aaaav . . . alreiv] In irpos avrwofdav would imply a good Greek the meaning would diiFiculty arising as to the course be brought out more clearly by to be pursued when it is seen jToirja-aaav (without tV) fiT-a that two laws are in (real or {turn demum, only when it had seeming) contradiction to one built ships) aireiu. Or it might another : the fiovri dvTLVofda of be expressed as in § 11 of the the text is the difficulty of prov- epeeeh. ing the legality of some deed Trapaypa^LKias] By way of which has actually been done. irapaypacpr}, demurrer or bill of ck xe/atorao-ews] ' owing to a exceptions. circumstance,' i.e. t6 /htj irotija-ai vpayp.aTLKrfv irpos aPTLvojuav] ras rpiripeis, as Jerome Wolf ex- The distinction here drawn is plains it. again not of much real import- irapa^i^aaTai] We find ira- ance. The (orcicris) Trpay/jLaTiKrj pa^e^aa/x^vois in the pseudo- 8 KATA ANAPOTinNOS [§§1,2. "top eTepov!^ aXka Xejofiev on iv rfj TrpayfxariKjj T^ 7rpo9 dvTtvo/jLLau ov86Tepo<; irapapaiveTai, aXka (TKOTTOV/jbev irolov hel Trapa^aOrjvai. iv Be rw ira- povTC X6y(p ov')(^ ovTco<;' 6 et? <yap rwv vopicov nrapa- ^effaarai, 6 Xeycov Trjv fiovXrjv rrjv fiy iroir^aaaav ra? TptrjpeL^ firj alrelv Bcopedv, rovro Se ov/c lSlov TTpay/iaTLKT]'; t^9 tt/oo? dvTLVo/jLLav, dWd fiovyf; dvTi- pofjLia^. ^I(TT6ov Be on, rjVLKa Bvo wen KaTrjyopoL, wv 6 fiev el<; v6(DTepo<;, 6 Be erepo^ 7rpea^vTepo<;, ovto<; Xap,- ^dvei TTjv TTpcoToXoylav Kara Tifirjv, wairep Kal ivravOa 6 ^VKTijfjLcov 'iXa^e rrjv ir p cot oXoy lav oj? TrpeaffvTepo<;, koI elire ra irpooLpua koI Trjv kutu- (TTacTLv Kol fMepo^ Tt T(ov dyoovwv. 6 Be Ai.6B(opo<;, lBLc6Trj<; (jov, eXajSev dirb tov Arj/jUoaOevov^; top irapovTa \6yov. Kol ecTTL BevTepoXoyla, e^et Be d TrapeKi'rrev 6 "EiVtCTlJfjLCOV. ^'Oirep ^vKTy/JLcov, tw dvBpe<^ BiKacTTal, iraOwv vir 593 Demosthenic speech (probably trumped-up charge of parricide, by Hegesippus) irepl tu>v irpbs which, if sustained, would have ^AXi^avdpov avvdrjKwv, p. 214 rendered life intolerable to me. § 12 : irapa^e^daOai, Thucyd. I. This charge, moreover, tvas not 123. The aorist form irapa^a- brought fairly against me, so as drjvai, below is quoted from to he tried on its merits, hut in Thucyd. iii. 67, iv. 123. the indirect form of a prosecution ijviKa 5vo uffL] It is hardly for impiety against my uncle, worth while to call attention to for having associated with me, the omission of av in such poor a parricide forsooth ! Andro- and late Greek. tion's attempt failed signally : §§ 1 — 3. The prosecutor so far from my being acquitted Diodorus, foUowing Euctemon by a nairow majority, he did 'upon the same side,' is urged not obtain a fifth part of the by a like motive of revenge votes. With your help and against Androtion, and upon that of other enlightened juries, even stronger grounds. Eucte- I shall pay him off in his own mon has been wronged in purse coin on this and on all possible and by unmerited dismissal from future occasions. I shall say no office ; but I, Diodorus, by a more for the present of what i« p. 593.] nAPANOMON. 9 *AvBpoTLQ)vo<i KaK(o<; dfia rfj re iroXeL ^orjOelv oterai Belv Kol Blk7)V virep avrov XajSelv, rovro Kajco ireipd- G-ojJLai iroLelv, eav apa ot6<i re w. avfJL^ejBrjKe he ttoWcl Kol heLva koI irapa iruvTa^; roz)? vop^ov^; KvKTrjjjLovof; v^pLa-fievov iXdrrco ravr elvat twv ifiol yeyevrj/nivcDv St ^AvBpoTl(ovo<; TTpayfidrcov. ovro<^ jxev ye ei? %p^- liara koI to irap' v/jlcov aSi/fco? i/cTreaelv eirePov- Xevdrj' ifie Be ovB' av iBe^aro rdov ovrcov dvdpcoTTcov ovBe eh, el rd KaraaKevaaOevTa viro tovtov Trap' 2 vfiLV iTTca-Tevdr). alTiaadfjLevo<; ydp fie d kol XeyeLV dv 6K.vr]Geie tl<;, el fjurj Tvyoi TTpoaoyuoio^ wv tovtw, TOP iraTepa c»9 direKTOva eyoo tov ifiavTov, kol KaTa- cTKevdcra^ daepeia^ ypa^rjv ovk eir ifie, dXk* eirl tov personal to myself: but as to the particular questiounoio awaiting your verdict, and the many acts of the defendant, throughout a long political career, ivhich have been injurious to the public interest, I shall touch briefly on points which Euctemon has omitted. § 1. "Oirep EuKTT^/Kau — ^orj- 6eiv oUrat deiv] A blending of two modes of expression (1) wcrirep OLerai 5€?v, (2) owep Troie? olSfievos deiv. The irep in Sirep, as E. W. remarks, gives addi- tional emphasis = ' just as.' — porfdetv ' seek justice for.' rb Trap vfiQv ddUcos eKireaeiv] The Scholiast Ulpian renders this by €KJ3^^\7]TaL rrjs dpxv^ Kal T^s airaiTT^aews t(2v el(T(pop(2v. So Jerome Wolf (a.d. 1572), ' ho- nore vestro per iniuriam deii- cere. Hoc loco non significat in exilium eiici.' This explana- tion of the oldest commentators has been rightly recalled by A. Schaefer and Benseler, in place of the traditional ' driven into exile.' The treatment of Eu- ctemon by Androtion is related below § 48, where KaraXvaas ypt)- (piafxaTi ' having procured a de- cree for his deposition' (from the office of eKXoyevs) is correla- tive to eKirtaetv here, and where there is no mention of banish- ment. Nor is it necessary to restrict iKTriirTeLv to that sense, though of course a very com- mon one : it may mean * to be ejected from property,' as in Pantaen. p. 968 § 6 r^s pnadu- aews : or ' driven from the stage,' as in the scathing sarcasm of de Cor. p. 315 § 265 irptrayu}- vlcrreis, eyoj 5' idewpovv i^4- TTtTrres, iyu) 5' eavpLrrov. § 2. Kal X^yeti' dv] Kav \i- yeiv, Cobet, 3Iisc. Crit. p. 520. This is one of his Procrustean rules. KUTaaKevdaas dcre^eias ypa^rju] In a bad sense KaraaK. is more frequently applied to persons, meaning either (1) to misrepre- sent, as in I. Steph. p. 1126 § 82, c. Conon, p. 1261 § 14, or (2) to suborn false witnesses, as c. CaUicl. p. 1272 § 1, p. 1281 §34. 10 KATA ANAPOXmNOS [§§3,4 Oelov fiov, ypd^lra^; dae^elv ifiol avvLovra et? ravro 0)9 TreTTotTjfcoTt ravra, et? dywva Karecrrrjaev, ov el crvve/Sr) t6t€ dXwvai, Ti<; dv dOXiwrepa ifMov 7reirov6a3<^ rjv viro TovTov\ tl<; yap dv rj (j)i\o<; rj ^evo<; el<i ravro iTOT iXOelv rjdekrjaev ifiol; rl^ S' dv elaae iroki'; TTOV irap kavrfi yeveaOav rov to tolovt'' do-ejSrjfJba 3 hoKovvra elpydo-Oao; ovk eanv ovSefiia. iyco tolvvv ravra fiev ov irapd fiLKpbv dywvL^ojJLevof; Trap' v/ilv dTreXvadfirjv, aXV ctfcrre to irefiiTTOv /JL6po<^ firj XajBelv 594 TOVTov Twv ylrrjipcov' tovtov Be /jueO^ vfjbcov Treipdaop^ao fcal vvv Kol Tov dXkov diravTa d/jLvveaOac ')(^p6vov. * TOV TOLovTo Betk. TOP deibv fiov] Certainly not to be identified with Euctemon, asEeiske and Funkhaenel some- what oddly thought. There is no mention of dae^eLa among the charges against Euctemon in § 48. ^ ei's ravTo ws] Dindorf should have followed Bekker and G. H. Schaefer in reading ravrov ws, avoiding the hiatus. So below TO TotovTov d(T^^T]/xa is a better correction of the MSS. toiouto or TO TOLoxjTo (2) than tolovt'' a/xi^rj/jia. These passages are referred to by Cobet Nov. Lect. p. 436, who also corrects in the present speech § 75 tooovtov aTT^Xet for toctovt'' ciTr^xet, in Aristocr. p. 656 § 108 tooovtov dirix^viTi, again in Timocr. § 183 ToaovTou ctTrexf' The copyists seem to have fancied that the v in such words was only admis- sible in poetry. § 3. irapd fiLKpov] This usage of irapd is to be distinguished from the common phrase irap' 6\iyov = 6\Lyov Se^v, oXiyov, fii- Kpov, ^within a little.' Two pas- sages cited by Keiske are exactly parallel : Aristocr. p. 688 § 205, irapd Tpeis p.kv dcpeTaav \}/7)(f>ovs TO ixri OavaTLj} ^-rjixiwaai: Timocr. § 138 ixLKpov ixkv direKrelvaTe, Xpf)fJ^aTu:v dk iroWwv aurov dvTL- Ti/uLOjfx&ov irap' oXiyas ■^rj(f)ovi iri/jiTjo-aTe (' accepted the de- fendant's dvTLTlp.r)(ns or counter proposal, ' a better reading than riTLfiuxraTe, ' inflicted the minor l^enalty of Atimia'). [Add to these instances Hyperid. pro Euxen. col. 39. 2, Kal ovtos ev T0VT(p Tc^ di.Ka(rTr)pi(^ irapd 8vo ^rj(f)ov% diri(j)vye.'] But in fur- ther quoting Or. xvii. p. 217 § 22, Trap' eXdxi-crTov eiroirjaev avToiis dcpaipedijvai 5i/catws tt]V /card OdXaTTav rjye/xovlap, he ob- scures the distinction between the two idioms, ' just hitting,' and * narrowly missing. ' irifxiTTov jxipos] With the usual consequences: Timocr. § 7 c50Xe x'^'ttJ to which would be added partial Atimia, viz. disqualification from bringing a similar charge (of da^^eia) in future. d/jivueadai] The Greek view of revenge is expressed in Isocr. p. 594.] nAPANOMON. 11 Kol irepl fiev rwv lBlcov e)(0)v ere iroWa Xejetv eaaco' irepl S' wv otaere rrjv 'y^rj^ov vvvl kol nrepl wv ouro? Brjfioorla ireird\iTevixevo<^ ovk oXlya vjxa^ e^Xa-yjrev, a /jLOi, irapaXLTrelv ^vktyjikov iSoKei, ^eknou 8' v^a^ aKovaai,, ravra hie^ekdelv iv ^pa')(^e(TL rrrecpdao/jiat,. 4 iyco yap el /jl€v ioopcov tlvcL dirXyv tovtg) irepl wv (f)evyeo Trpo? Vfzdg ovcrav aTroXoylav, ovk av eiroLov- firjv irepl avrcov^ fjivelav ovSe/jblav. vvv S' ol^a cra^w<^ OTL ovTo<; QTrXovv fiev ovBe BUatov ovSev dv elirelv e-^OL, i^aTrardv S' vfid<; Trecpdaerat, TrXdrrwv Koi irapdywv 7rpd<; eKaara tovtcov KaKovpyov^; Xoyov^. ^ avTTjs Z Bens, cum libris praeter r. ad Demon. § 26 o/jlco^ alaxp^v vojXL^e tQ)v kx^p^v VLKcicrdat rats KaKowodais koL tGiv (fy'CKiav rjTTa- adaL rah evepyeffiais. Comp. Demosth. c. Nicostr. p. 1246 § 1, with Mr Sandys' notes on both passages. This objection- able feature in Athenian liti- gation is especially conspicuous in the series of speeches de- livered (and some probably com- posed) by Apollodorus, The climax of repulsiveness is reach- ed in that against Neaera ; the speaker demands that a mi- serable old woman, the reputed wife of his enemy Stephanus, shall be sold as a slave in pur- suance of a law which forbade marriage between an Athenian citizen and a foreigner {iav dudpl ^A6r)pai(p ^(vq ^vvoiKy, 7re- irpaaOai raijrriv). drj/xoaig,] Join with i^\a\pev, not with Tr€Tro\LT€v/ji^i'os. A man cannot be said TroXireveadai iUq. or dTjfioaig.. § 4. Plan of the speech : conjectural anticipation of A.'s line of defence. There will be nothing honest or straightforward in his reply : he will just try to deceive yon, men of the jury, by dishonest arguments invented to meet the various charges. For lie is an artist in speech, having done nothing else during his 30 years of public life (§ 66). irXaTTCju Kal irapdycov] All difficulty is avoided if with Eeiske we may translate irapd- yu3v ' afferens ' and make Xbyov^ the object of both verbs. But this sense of irapdyeiv (corre- sponding to a well-known use of Trapipxoiiiai) seems confined to persons, e.g. de Cor. p. 285 § 170, dirrjyyeLXap ol Trpvrdveis TCL Trpo(T7iyye\ii4va eavrots Kal Tov r]KOVTa irap-qyayov (comp. li. Aristog. p. 805 § 17) : and it seems better to supply u/xas after irapdywv with the meaning most frequent in the Orators of ' de- ceiving, leading astray:' cf. § 34 ((>evaKi^€Lv Kal Trapdyeiv. The position of irapdywv will then be accounted for, as E. W. has seen, by its coming in as an afterthought. Dobree well com- pares Nausim. p. 987 § 9 tovto yap irXaTTOvaiv ovtoi, Kal irapd- 12 KATA ANAPOTiriNOX [§5. eaTL yap, cJ dvSp6<; ^AdrjvaloL, Te')(VLrr]<; rov Xeyeiv, kol TTOLvra Tov jSiov eG-')(o\aKev evV rovrw. virep ovv rov fMTJ 7rapaKpov(T66vra<; v/jLa<; ivavrla /iiev rot? ofico/juo- (Tfiivoi^ TreiadfjvaL ^^7]^Laaadat, d<p6CvaL Se rovrov ov vfiLV TToWoov ev6Ka a^Lov KoXdaai, irpoae')(ere tov vovv ol<^ e/jc3, 'iv dKovaavTe^i ifjbov Trpb^ eKaarov Toou viro TOVTOV prjdrjcrofjLevcov e^V^' V7ro\afi/3aveov d Eel, "EcTTi yap eh jxev ov oXerai T6)(yLK(S<; ^X^^^ avTM " iu Bens, cum libris. yovcTi, but wished unnecessarily to transpose the verbs here, irapdywv Kal TrXaTTtav. Cobet, Misc. Crit. 1. c, brackets koI irapdyuv as a dittographia of vXdTTUU. iax^XaK€P €vl roiJry] This correction of Eeiske's for iv TovTif} is adopted by almost all recent editors. It cannot indeed be said that ax(>^^^^'-'' ^^ '^'■^^ would be inadmissible : we have in Xenophon (Mem. iii, 6. 6 and elsewhere) axoXd^eiv irpos ti, and in later authors, <rx. eiri, or irpds TLVL (cf. Liddell and Scott). But Dindorf rightly urges the much greater appropriateness of the simple dative, Lat. vacare rei, to ' devote one's time ' to anything. Benseler, who alone defends h To^ircp, thinks the expression more contemptuous, as if it meant 'he has wasted his time in the pursuit.' I cannot but think this fanciful: (TxoXd^etj/ does not imply spend- ing time idly or uselessly, and no cultivated Athenian, least of all Demosthenes, would reckon oratory among the ' studiis ig- nobilis oti.' 6/j.u)/j,oa-fi^vois] There is good reason for thinkiug that the true Attic form is d/j-u/JLOfiiyois. ' The question of the insertion of sigma before the terminations of the perfect passive is one of great difficulty: occasionally verse establishes the true form, as in the case of 6fjivvfjiL — tovtI rb Trpdy/j-a iravTodev ^vvofjuafiorai, Ar. Lysistr. 1007 : dfxw/JiOTai yap opKos eKdeCov ixeyas, Aesch. Agam. 1284. Buttheuntrustworthiness of MSS. is demonstrated by the circumstance that as soon as the support of metre is with- drawn, the sigma appears — eu vvu Tob' iare, Zevs dfj.u)fji.oaTai iraTTip [Eurip.] Ehes. 816. In Demosth. 505. 29 [Lept. § 159] it is only the best manuscript (Paris S) which has retained the primitive hand ev ?/ y4ypa- Trrat koL 6p.w[xoTaL.^ Rutherford, Neio Phrynichus, p. 97. So dXrjXe/x^pos, €\rj\a/ji.€i>os are well attested. Cf. Timocr. § 175. ^XV^' viroXafi^dveiv] Not 'that 3'ou may know what to think,' but ' may be able to give the right answer,' as in §§ 10, 23, 34. Benseler wavers between the two meanings, giving here ' zu wissen, was Ihr davon zu halten habt, ' and in § 23 ' dann entgegnet ihm nur.' §§ 5 — 7. Androtion will main- tain, in the first place {and this p. 595.] nAPANOMHN. 13 X0709 irepl Tov airpo^ovXevTov. v6/jL0<; earl, ^rjcrlv, idv a^ico<i r} ^ovKrj BoKy ^ovXevaao Scopeaf;, hihovai T6Z/ Brjfiov Trjv Bcopedv avrfj. ravr iinjpeTO, (j)r]alv, 6 eTnardTr]^, Bce'^eiporovrjcrev 6 Stj/jlo^, eBo^ev. ovBev Bel, (f)7]cr\, 7rpoPov\eviiaTO<; ivravOa ' Kara jdp vofMov '^v rd fyi^yvofieva. iyco B' avro rovvavrlov olfiat, vo- /JLL^O) Be KOI vfuv GvvBo^eLV, irepl tovtcov tu irpo^ov- XeviMara eK(j>epecv fiovcov irepX wv Kekevovcnv ol vofiOL, 595 eVel irepl Sv fye fjurj Kelvrai vo/jlol ovBe ^ypat^eiv rrjv argument he tldnks an ingenious one for his own case) that the omission of the Frohouleuma is not contrary to law in this {exceptional) instance. The law . says that if the Senate have discharged their duties in a manner worthy of compliment, the people shall give them a complimentary reward. Well, the chairman put the question; the people voted; it icas carried. It was according to laiv, and therefore there was no need of a Frohouleuma. My answer to tliis is, that the rule of sub- mitting all resolutions to the senate for approval applies to lawful, not to unlawful pro- positions : for illegal motions are not to be made at all. Secondly, he will argue that his conduct, if not according to law, was at least according to precedent. The senate hadnever gone thro7igh the farce of approving beforehand a compliment to itself. In reply to this, I doubt or rather I deny the fact asserted; but even if it icere true, the question is not about the practice, but about the law. The law must be enforced; a beginning must be made; and why not now ? §5. TOV dTrpo^ovXejjTOv] Funk- haenel cites from Bekker's Anec- dota p. 440 the gloss 'Airpo^ov- \evTov rb /xrj Trporepov els ttjv ^ov\t]v, dW €vdv% els rbv 5rjfiov elcraxOei' ^j/rjcpicrfMa. ovtoj Ar)/j.o- ffdivris. The argument which, we must remember, is not An- drotion's own, but put into his mouth by the counsel for the prosecution merely in order to be torn to tatters, with a sneer at his fancied admiration of his own cleverness {Sv oteraL rexvi- K(ds ^x^'" avTi^), appears to be founded on the omission of all reference to a irpo^ovKevixa in the letter of the law. To this it is of course a sufficient answer on the technical point, that the sanction of the senate was an invariable prerequisite to any motion before the Demos, and did not need to be recited in drafting a law. raOr' eTTTjpero] The question put by the Epistates was whether the senate deserved the custo- mary reward, not, as G. H. Schaefer thought, ' de argumen- to legis.' iK<pipeii'] ' That the movers {rovs ypdcpoPTus) bring up their resolutions of the senate:' hence the article before Trpo^ovXevpiaTa. /XT] KeXvTai] 'do not apply:' ' upon a question that is not lawfully open,' K. This must 14. KATA ANAPOTIONOX [§§ 6— cS. 6 dp-^rjv irpoarjKei ovSe 6P Brjirov. (f>-qa6i rolvvv rov- Tov airdcra^ rov rpoiTov elXrjcjievac Ta9 l3ov\a<;, oaac 'TTcoTTOT e)(ovai Trap vficov hcopedv, /cal ovSefjLLa yeye- vrja-dau Trpo^ovXev/jua ircoTrore. ij(o S' olfMac jxev ov^i Xeyecv avrov akrjOeiav^, fJuaXkov he olha aa(j>oo<^' ov fjbrjv aXX* el tovto tolovt earl to. fidXcara, 6 vofxo^ he Xejec rdvavrla, ov'^, on TroXXa/ct? rjjjbdpTrjTat hrjirov Trporepov, Bid tout iTre^a/xapTrjreov earl koI vvp, dWd TOvvavTLOv dpKreov, co9 o vo/jlo^ KeXevec, rd tol- ^ dkrjd^ Bekk. Bens. v. not. be the sense; yet the words merely imply that the laws are silent, not that they prohibit : and we should have expected a stronger phrase. Eeiske saw this, and observes; 'Sententia postulat dwayopevovcriv aut ovk iQ}(TLV ol vbfXOL.'' TT]u dpxw] ' omnino,' § 32, § 6. (f>r]a€L Tohvv] Neither Kennedy nor Benseler express this particle in their transla- tions ; it is not inferential but co- pulative, 'moreover,' and serves to introduce Androtion'e second presumed argument — that from custom. Comp. § 8 Ilepi ToiVui/... This must be pronounced the weakest point of the case for the prosecution. With the ad- vocate's instinct of 'admitting nothing,' the orator ' thinks, or rather is certain' — not venturing on an unqualified denial — that a statement is untrue which must have been within the know- ledge of every one of his hearers, and which Ajidrotion would not have dared to make unless it were true. Xiyeiv avrbv aXijdeLav'] Ben- seler observes with reason that neither Demosth. nor any other orator ever says X^yeiv dT^rjdeLav, but \^yeiv T7]u dXrjdeiav. The reading dXridTJ, retained by Bek- ker, Benseler, and Cobet Misc. Crit. 1. c, is supported by the rhetorician Apsines, ed. Spen- gel, I. 372 and 375. ' Scribe- batur dX^T}' is Cobet's remark, accounting for the two readings. dpKT^ov ws 6 vbfxos /ceXeuet] ** This argument is repeated in partly the same words in the Aristocratea, p. 653 [§ 98J. It is cited with praise by Quintilian, v. 14, and Aulus Gellius, x. 19. It touches a question which frequently arises, both in courts of judicature and elsewhere, how far and in what manner it is right to punish people for unlawful or vicious practices, which have long been tolerated or connived at. It is urged on the one hand ' how hard it would be that a man should suffer for doing what hun- dreds had done before him with impunity:' to which it is replied 'we must begin with some one; it is necessary to make an example, else the thing will go on for ever,' and the like." C. K. Kennedy : who fur- ther points out that the same line of reasoning occurs in Cic. p. 595.] nAPANOMXlN. NIVERSIT^ 7 avra iroielv dvajKci^ecv aTTO crov Trpoo Xeye C09 yeyove tovto iroXkaia^, dX\! (109 Kec yiyveadai. ov yap et re ircoTTore firj Kara tov<; v6/iiov<; 6'7rpd')(6ri, av Be tovt i/jLip^rjo-co, Bid tovt dTro^vjoL^;^ dp BiKalco^, dWd ttoWq) p>dWov dXl- CTKoco' wairep yap et tl<; iKelvcoP irpOTjXoy, ad rdh' ovfc dv 6ypa'\lra<i, o'vt(o<;, dv av vvv Blktjv BoS?, dWof; ov ypdylrei. 8 Uepl TO [vvv rod vop^ov tov ScapprjBrjv ovk eoSz^ro? e^elvai p,rj Trocrjo-ap^ivrj rfj jSovXfj ra? rpiijpec'; alrrjaac ^ dirotpevyois Z Bekk. Bens, cum STfi. Verr. 11. iii. 88 (205 £f.), and in the Duke's speech in Pleasure for Measure, Act i. sc. 4. The * other side ' might have ap- pealed to the obvious rule of equity, that when the reins of discipline are to be tightened some notice should be given. § 7. 6.iro(pvyoi.s] This is the best supported reading: but dirocpevyoLs con'esponds better with d\i<TKoto following. §§ 8—11. Androtion's third assumed argument. He will admit that the law expressly forbids the senate to ask for their reward if they have built no ships; but — observe his im- pudence — he says it nowhere prevents the people from granting it. If he gave it at their re- quest, he admits he Ms made an illegal motion: but if omit- ting all mention of the ships, he proposes to crown them on other grounds, he denies that there is any illegality in this. To this your answer is an easy one, first that the Proedri and their chair- man the Epistates, inputting the question to the people, did what was equivalent to asking. Men who were not asking, or at least expecting something for them- selves, should not have put the question at all. Besides, the conduct of the senate icas at that very moment being ar- raigned, and its members be- sought you not to deprive them of the usual compliment: xohich again looks very like asking for it. Once more, as I will prove to you, the very wording of the law shows that, when the asking is forbidden, the granting is at least as strongly prohibited. The mo- tive of the laiv is, that the people may not be misled or deceived. § 8. OVK iQvros e^eivai] The expression savours of tautology, but is justified by Funkhaenel from c. Neaer. p. 1381 § 106 Kal vcrrepop ovk iq. (6 prjrcap) yiyveadai ' AdrjvoLov c^eivai, and p. 1384 § 113 av ddecav Xd^ucri TOV e^elvai. Add li. Steph. p. 1132 § 12 o'l ye voyLOL dira- yopevovcri fxr}5^ vbnov e^etuai iir^ di>8pl deivat. As Schweighaeuser observes (Lex. Herod, s. v.) the correlatives KcXeveiv and ovk idv do not commonly imply au- thority to ' command ' or ' for- bid.' They are often used of advice tendered to a superior, 16 RATA ANAPOTinNOS [§§9—11. rrjv Scopedv, u^iou iaTiv oLKOvaai ttjv airokoyiav rjv iTOirjaeTaiy koX dewprjcrai rrjv avalheiav tov rpoirov Bl (ov iy^eipel Xiyeiv. 6 v6iiio<;, (prjalv, ovfc ia rrjv ^ovXrjv alrrja-at ttjv Bcapeav, iav firj TroLrjo-rjraL ra? Tpir)pei<i' 6/JLo\oyco. Bovvac Be^ ovBa/jbov, ^rjal, KCoXvei rov Brjfjiov. ijco Bt] el^ /JL6V eBcoK alrovarj, irapa rbv vofiov eiprjKa' el he firj TreTroiTj/iiac five Lav ire pi twv vewv ev o\(p rat '\jrr](j)L(rjJLaTL, d\X erep drra Xeyo) Be d rrjv Pov\r]v 9 (TT€(l)avw, 7rft)9 irapd tov vojxov elprjKa) earc Brj^ 7rpo9 59^ ravr ov yaXeirov rd BtKaca v/jllv dvTecirelv, on irpw- rov fjuev ol irpoeBpevovre^ r^? ^ovXrj^ koi 6 ravr €7nylrr)(f)i^cDV i7rtcrrdTr]<; ijpcorwv Kol BLa')(6ipoToviav iBlBoa-av, orco BoKel Bcoped^; af /ft)9 V ^ovXtj ^e^ovXev- K€VaC KOl OT(p fMY)' KaiTOL T0U9 7€ jJbr] aiTOVVTa^; fjLTjBe Xa^elv d^Lovvra^ rrjv dp'^rjv ovB* iirepcordv rnrpoafj/cev. f 5' Bens. k 5' el Bekk. Bens. ^ d^ Z Bekk. cum lihris. and not necessarily accepted, as <{>r]aL A, is described as actually e. g. by a minister to a despotic saying what it is pretended he prince, a constitutional states- will say. Cobet, in support of man to the people, or a slave Dobree's conjecture ef wf, ob- to his master. Herod, v. 36, 3 serves that i\ and bta are often (Hecataeus to the Milesians) confounded. Misc. Crit. I.e. TT/xSra ^ikv ovK ia irbXeixov ^aaiXfC etpTj/ca] In the technical sense tQv lTepau)vdvaip€<Tdat...iTr€LTed^ oiXiyeiu, 'moved.' OVK '4 ire id e, devrepa avve^ovXeve. §9. oi Trpoedpevovres — eTnara- Thucyd. 1. 127, 3 (Pericles to the tt/s] The functions of the Proe- Athenians) ovk ela vireiKeLv, a\X dri and Epistates are explained els TOV TToXe/xov uip/xa. Thucyd. i. in Diet. Antiq. s.v. Boule. 133 (the Argilian slave to Pau- Compare Schoemann, Antiq. p. sanias), ovk ecovros dpyi^eadai, 377; K. F. Hermann, Staats- ' begging him not to be angry.' alterth. § 127. Kennedy's rod TpoTTov] The character of * Committee of Council ' is a Androtion, as inferred from what modernism somewhat too sug- he attempts to urge (5i wu iy- gestive of ritualist prosecutions Xet/jei XeyeLv) : not of the argu- and educational minutes, ment itself. But below, § 11, firjd^Xa^eli^ d^iovyras] ' expeci- Tov rpoirov rov vofxov is the form ing or claiming to receive,' a or wording of the law, a rather phrase evidently designed to different sense. The coolness meet the legal quibble that they of the assumption is increased had not asked. The senate, like by the presents eYxetpet and modern waiters, did not 'ask p. 596.] nAPANOMON. 17 10 TT/DO? TOLVVV TovToi<^ €<7riv o, M^eihiov KaTrjyopovvTO<; Trj<; fiov\r]<; Kal aXkeov tcvcov, dvairrjBcaPTe^; ol fiov- Xevral eheovro fjurj a-(f>a<; dcfyeXecrdai, rrjv Scopedi^. Kal ravTa ov Trap* ifiou Bel TrvOeadac tov^ BtKa^ovra^i vfid<;, dW' avTol irapovre'^ tare ev tc3 Brjpjw r^evop^eva. wcrB* orav p^ev pbrj (j)fj rrjv ^ovXrjv alrelv, ravd^ vtto- XapL^dvere' on Be ovBe tov hrjpbov ia BiBovat p.rj TTOLTja'apbevy^ rd^ vav<; 6 v6p,o<;, Kal rovr einBei^w. 11 Bid ravra ydp, oo dvBp6<; ^ A^Q-qvaloL, tovtov €')(^eL tov rpoTTov 6 v6fio<^y pbT] e^elvai ry jSovXfj pbrj iroLrja-apLevrj rd(; TpLr}peL<i alrrjaai, rrjv Bcopedv, Iva pLTjBe ireccrOrjpaL ' ironjaa/x^yois Bens, cum SFTrstv. for' but 'expected' the cus- tomary ' tip.' With less than his usual point, K. translates 'asked or demanded.' As E. W. remarks, the orator here meets one piece of sophistry by another. The Proedri and Epis- tates were not responsible for the questions they put to the vote, unless it were that of re- habilitating an aTifios (Timocr. § 50) : the ypa<pr} irapavofnau did not lie against them, but against the propounder of the decree. § 10. ^<XTLv a MetSt'oy Karr]- yopovvTos] ' When Midias and some others brought certain charges against the senate.' K's rendering, 'there were charges preferred,' might mislead the student into thinking that ^<7tlv was the principal verb: of course ^o-rtj' a = eVia, 'some.' The older commentators puzzled themselves with the question whether the words /cat dWuv Tiuuv were to be joined with Meidiou or with t^s ^ovXtJs: but it is obvious that the senate was the only object of attack. The place of Kal dWcjv nviov in the sentence may be the result W. D. of an afterthought: comp. note on, § 4, irXdTTCJv Kal irapdyuv. dvaTrr}d(3vT€s] Not ' starting to their feet,' as men might do on hearing themselves attacked without the right of reply, but ' springing upon the Bema ' when their turn came to speak. Timocr. § 13 dvainjdricras 'Av- Sporlcav Kal TXavK€TTjs Kal McXa- vunros...e^6(j}v, ^yavaKTOvu, eXoi- bopovvTo. Aeschin. Ctes. § 173 dveirrjdTjcrev eirl to ^rj/xa. cf. Ti- march. § 71. Tous StKa^ovras vfids} * You jurors,' K. § 11. fiT] e^dvai — TT)v 5(apedv] Cobet in his trenchant way brackets these words as a use- less repetition from § 8 : tovtou will then refer, as usual, to what goes before [Misc. Crit. p. 520). From a literary point of view this is an improvement;. but if we bear in mind that the speech was addressed to a jury, we shallbe inclined to giveDemosth. credit for repeating himself without verbal tautology. tva p.r)U — eirl rq) druxcj)] ' that it may be impossible for the peo- ple to be misled or deceived:' 18 KATA ANAPOTIONOX [§§12,13. fjLijS' e^airarriOrjvai, jevoLT eVl tm SyfZG). ov yap 6j6to Seli^ 6 TiOel^ rov vofiov iirl rfj twv 'Xeyovrwv Suvdfiec TO TTpay/jLa Karaarrjaat, aX\' o Bl/catov rjv evpelv afjua Kal avp.(f>epov toS Btj/jlg), vo/jlo) rerax^at. ra^ rpLrjpet^ ov ireTTOLTjcrai; firj tolvvv alret, rrjv hwpedv. OTTOV S* alreiv ovk ia, 7ra)9 ov a^oSpa ye hovvai KcoXvei ; 12* *'A^LOv TOLVVV, (o «V3y969 ^ AOrjvaloc, KCiKelvo e^e- TCLcraL, TL 8rJ7roT€, dv raXXa irdvra rj ^ov\ij Kokco^ ^ovXevar/ koX /xT/SeW €^?7 firjSev iyKoXecrai,, t«9 Be Tpirjpet^ firj iroirjarjraL, rrjv Bcopedv ovk e^eariv alrrj- aai. evpr](TeTe yap rovro to l(T')(ypov virep tov Br/fiov 597 ireKydTJucu, like dyaTreurdrjuai, in a bad sense, persuaded against their better judgment; eirl t(^ brifup as kirl ttj tQv Xeydpnjjv Swdfiei below, 'in the power of and so 'depending upon' the intelligence of the people, the ability of the framers of mo- tions. §§ 12—16. The case of the triremes further considered. Paramount importance of naval supremacy to Athens. It is worth icliile further to inquire how it comes that, even if the senate have performed all their other duties creditably and no one has any complaint against them, still, if they have not built ships, it is unlawful to ask for their reward. All that is most glorious in the history of Athens has been achieved at times when our navy loas in first-rate condi- tion; all our greatest reverses have arisen from the want of a fleet. To take an example of the former from old times, it was when we had abandoned the city and were cooped up in Salamis that our immortal naval victory delivered not merely ourselves, but the other Greeks. And quite recently ice relieved Euboea in three days and forced the Theban invaders of the island to surren- der. On the other Imnd, in the last fatal years of the Pelopon- nesian war, after the disaster i7i Sicily we tvere not forced to sur- render until ive had lost our fleet at Aegospotami. Nor are later instances loanting. You remember, in our last war with the Lacedaemonians, when it was thought that we were not prepared to send out an expedi- tion, the city was threatened with famine. No sooner had we put to sea than we obtained peace on our own terms. You have therefore justly made this an indispensable condition of the senate receiving its reward. Well, in spite of all this, the defendant is fully persuaded that he has the right to move and propose what he i^leases, even if no neio ships have been built. § 12. TovTo rb lax^P^''] 'that this stringent enactment is for the people's good.' K. p. 597.] nAPANOMON. 19 Kel^evov. olfiao yap av fjLijBiva dvTeiireiv W9 ot;;^, baa ircDTTore rfj iroXet yeyovev rj vvv eariv dyada ij dcLTepa^ Lva [Jbrj^ev elirw cpXavpov, e/c rrjf; rwv rpcypav 13 ra fiev KTTjcreo)^, rd S' dirovaia^i yiyovev. olov iroXkd fiev dv Ti^ €%ot Xeyetv Kal iraXaid koX Kaivd' d S' ovv irdcn fidXiar aKOvaai yvwpiixa, rovro juiev, el jBovXeaOe, ol rd irpoirvXaia koI top TrapOevwva olko- hofirjaavre^ eKelvoi Kal rclWa diro toop ^ap/3dpcov iepd KoafirjaavTe^iy e<j> oh (f)CkoTip.ovfJbe6a Trdvre^i eUo- Tft)9, ccTTe^ Btjttov tovto d/cofj, ore rrjv ttoXlv eKki- ^ tare yap Z Bens, cum S etc. darepa] =KaKa, by a not un- common euphemism. Funkhae- nel compares de Cor. p. 269 § 128 KaXQu 77 fxrj toiovtuv, and p. 298 § 212, where twv ws iri- pus o-v/j-jSavTOiP is the opposite of Twv deovTCJu. Bentley on Pha- laris ch. ix. {Works, i. 266 ed. Dyce) quotes dal[xwv ^repos from Pind. Pyth. v. 62, and Callim. Fragm. 91, but thinks the ex- pression only poetical : for this he is criticised by Valckenaer Diatr. p. 112, who refers (among others) to one of these passages in Demosthenes. iva p.7}8kv e'lTTCj (pXavpov] The phrase (p\avp6v tl Xiyetv usu- ally means to say something depreciating or disparaging, as in Lept. p. 461 § 13 ovk olSa ovS^ Xiyu} <f)\avpov ovbkv ov8k avvoiba, p. 488 § 102 ovbh yap (pXavpov epQ a4, Mid. p. 581 § 208 irepl uv ovd^v av eLTroL/j-i irpos vfids (pkavpov eyd. Shilleto de F. L. p. 427 § 270 = 306 quotes from Photius (p. 650, 19 ed. Porson) the distinction <f>\avpQV p.€V €<XTl TO flLKpOU KaKOU, (pavXov 8^ TO p.^a and proceeds to show that this distinction is not always maintained, since <p\avpos is used of serious as well as of trifling evils. Comp. Aristocr. p. 651 § 92, Timocr. §§ 127, 158. Here K. rightly translates 'that I may avoid words of evil omen.' § 13. TTacrt /uaXtor' aKovcaL yvcipifia] 'Familiar to all ears.' Comp. de Symmor, p. 189 § 40 ojare Kal ypojpifia Kal Triara avT(^ T<Jbv dwayyeWdvTUv aKoveiv ^(XTai. See also Timocr. § 68 Tracrt yvuipip.(j}s. TOVTO pih'\ Herm. on Viger, p. 702 (Schaefer). el fiovkeade] ' to take this ex- ample,' G. H. Schaefer. The phrase ei 8k ^ovXei is common in Plato in a sense approaching the present, but with easily dis- tinguishable shades of meaning : see the Editor's note on Protag. 320 A. ol TO, TrpoirvKaia Kal tov irap- devdva olKo8oiJ,7]aavTes^ The two great ornaments of Periclean Athens, here ascribed to the men of Salamis, are in reality later by at least a generation. The Parthenon was finished B.C. 438: the Propylaea were then immediately begun, and completed in five years, ending about 432, very shortly before the Peloponnesian war. 2—2 20 KATA ANAPOTinNOS [§§ 14, 15. 7roi/T€9 Kal KaTaK\eia6evT€<i eZ? ^aXaiilva, eK tov Tpirjpeif; e^etv iravra ixev tcL cr^erepa avrcov /cal rrjv iroXiv, rfj vavi^ta')(^La vc/c^o-avrefi, eacoaav^ iroXkcov Be KoX fieydXcov dja6wv Tol<i aXXoi? "KWtjctl /carearT]- aav aXnoL, wv ovS* 6 ^(^povos ttjv fjLvrjfirjv dcpeXeo-Oac 14 Svvarai. elev' a\X' eKeiva fiev dp'^ala kol TraXaid. aXV d Traz^re? iopd/care, corO' ore Trpwrjv F^v/3o6vaiv rjfxept^v Tpiwv i^oijBTjaare kol ^rj^aiovi virocnrov' KaraKKeiad^uTes] Cobet, Var. Led. p. 159 lays down the rule on the authority of the gram- marians that in the o^er Attic the forms kXtju etc. (perf. pass. K^KXriixai not /f^/cXei/uat or K^/cXet- -fffiai.) are alone correct. These forms are now completely esta- blished in the Tragedians and Thucydides, and are beginning to be recognised in writers of the next generation. Thus Co- bet observes that where the best (or as he would say the least bad) MSS. do not give ' certa exempla' they at least show •manifesta vestigia' of such forms : and Dindorf now cor- rects everywhere -77- in Aristo- phanes e.g. Av. 1262, Ecclesiaz. 355, 420. As to Plato, Dr Thompson decides for 'the so- called AtticistsagainsttheMSS.', (Preface to Phaedrus, p. viii. and note on 251 d). So far as I have been able to discover, the vari- ants in the text of Demosth. show no ' clear traces ' of the older forms; in i. Aristog. p. 778 § 28 Bekk. and Dind. read KeKXeifM^urjs (K€K\ifj.evrjs 2), and so in II. Olynth. p. 22 § 16 /ce- KXeifxevuv on slight MS. author- ity. Cobet would everywhere restore K^KXjifxai for K^KXei/xai or -eicr/Aai invitis libris. oid* 6 xpoi'os] Cobet com- pares I. Aristog. p. 799 § 97 uv ou5' 6 x/)6j'os ttiv p,vrjix7)v rjcpdvLKev. As he observes, the phrase used is ouSeis xp^^os referring to fu- ture time [oi55ets XP^^^^ i^oKuxpei etc.] oi;5' xp^vos of the past. § 14. dpxcua Kal TraXatct] rra- Xai6s follows apxa^os in a more or less contemptuous sense, 'trite' or 'timeworn.' But in Lys. c. Andoc. § 51 /card to vb- IXLjxov rb TToXaibu Kal apxahu seems to mean 'the good or time-honoured old custom.' dXX' d iravTes iopaKare, tcrO' 6tl] Cobet, Nov. Led. p. 228, writes 'repone aXXd wavTes et iopaKare excidit, ' an emendation which carries with it more pro- bability than many of the critic's ingenious conjectures. The construction thus comes out more simply and neatly. Ke- turning to the point in 3Iisc. Grit. p. 521, he adds that eopd- Kare does not fit well with Kal Qrj^aiovs viroairbv^ovs direir^p.- ^J/are. The form eopaKa, like K\yo} for KXetw, rests more on the authority of grammatical tradition than of extant MSS.; but there are indications in the latter. See Shilleto's critical notes deF. L. §§ 119, 195, where he notices it as Dindorf's read- ing but does not follow suit himself. TTpOOTJU lEv^oevcTLv r]fjLepu>v TplQv i^or]d:Q(xaT€] irpwTju 'the other p. 597.] nAPANOMflN. 21 Bov<; dTreTrefiyfrare. ap' ovv ravr iirpd^aT av ovtco<; 6^eco<^, el fjurj vav^ et^ere Kaivd<^ iv ah i^OTjOijaaTe ; dXTC ovK dv iSvvacrOe. dXXa iroWd eyot rt? dv elireLv d ttj iroXec ^yeyovev ex rov ravra^; KareaKevd- 15 (rdai /caXoJ? d'yadd. elev' iK he rov /ca/coo<; iroaa Beivd; rd fxev iroXkd idcrco' dX)C iirl rov AeKeXecKOV iToXefJbov (tcov yap dp^aiwy ev, o wdvre^ ifiov fiaXXov eTrlaraaOe, hiro/jLvijaco) iroXXwv Kal Secvwv dTV^T}- day' means here three years before, b.c. 35S (Benseler says 357). This success in Euhoea was a bright spot in the other- wise disastrous Social War : the facts are in Grote ch. 86 (vii. 649—651 ed. 1862). Timotheus was commander, but a body of mercenaries under Chares con- tributed to the Athenian vic- tory (c. Aristocr. p. 678 § 173). Aeschines (Ctes. § 85) allows five days for the landing in Eu- boea, thirty days for the sur- render of the Thebans and com- plete reduction of the island. 'Yet it seems,' Grote adds, 'not clear that the success was so easy and rapid as the orators are so fond of asserting. How- ever, their boast, often after- wards repeated, [as e.g. Dem. de Cor. p. 259 § 99,] is so far well founded, that Athens fully accomplished her object, res- cued the Euboeans from Thebes, and received the testimonial of their gratitude in the form of a golden wreath dedicated in the Athenian Acropolis.' We shall hear more of this and other golden wreaths in the course of the present speech: see especially § 72. For the genitive of time -qfiepCbv rpi-Cbv cf. Jelf, Synt. § 523, Madvig, Synt. § 66. A good example is Soph. Philoct. 821 Thv dvdp ^omev v- iri/os ov /xaKpov "xjihov \ 'd^eiv. § 15. eirl Tov AeKeXeiKoO tto- Xdfiov] 'That which Thucy- dides terms the nineteenth spring of the Peloponnesian war, but which other historians call the beginning of the Dekeleian war.' Grote, ch. 60 init. (v. 252), referring to Diod. xiii. 8. The name AeKeXeiKbs woXefjLos occurs de Cor. p. 258 § 96, c. Eubul. p. 1304 § 18; cf. Mid. p. 562 § 146; Isocr. de Pace § 102. The hollow truce called the peace of Nicias now came openly to an end, when the La- cedaemonians fortified Decelea at the suggestion of Alcibiades (Thucyd. yii. 18) and continued to harass "Athens from it {iwi- T€LX'-^^Lv) till the close of the war. It was about 14 miles north of Athens, on an outlying spur of Mount Parnes. At the very moment of this invasion, the Athenians sent out their second great armament under Demosthenes to the siege of Syracuse, and a smaller squad- ron of 30 triremes under Chari- cles to annoy the coasts of Pe- loponnesus. iroXXQiv dri;x''?A'<^''''*"'] After the disaster in Sicily (b.c. 413, September) the Athenians in spite of revolutions at home 22 KATA ANAPOXmNOS [§§ 16, 17. /jLutcov o-vfjL^dvrcov rf} irokei ov irporepov tu> iroXe/Lbrp irapio-rrjaav, irplv to vavrcKOP avroov dircoXero. ^gS Kol rl hel rd iraXaid Xeyecv ; rov reXeuraiov yap I'cTTe, TOP 7rp6<; AaKeSaL/jbovlov^; irokeixov, ore fjuev vav<; ovK iBoKetre diroaTetKat hwrjaeaOai, 7rco<; Bii- jc€l6' ri iToKi^. taTe opo^ov; 6pTa<; coplov^. eVeiS?} (the Four Hundred, 411) stiU showed a bold front to the coa- lition, and won the naval victo- ries of Cynossema (411, the last important event recorded by Thucydides, viii. 104), Cyzicus (410), and Arginusae (406). Immediately upon the loss of the fleet without striking a blow at Aegospotami (405), Athens was closely invested by Lysan- der. irapdaTTja-au] 'were reduced to submission.' There does not appear to be another example of this sense : but it answers exactly to the transitive use of TrapaaTTjaaadai, so common in Thucydides and found also in Demosth. (i. Olynth. p. 14 § 18 'OXw^oj' irapaa-TTJcreTat), and is noticed by the grammarians. The gloss irapiaTTjaav hiKT}(rav in Bekk. Anecd. p. 289, 15, found also with the addition of ArjfjLocrdiurjs in Etym. M. p. 653, 1, is corrected €VLKr]6r]<rav. The subject of irapeaTTjaav, as E. W. notes, is iroXirai implied in ry irdXei. rhv irp6% AaKe8ai/J.oviovs irdXe- fioy] Sphodrias, the Spartan harmost, made his unjusti- fiable attempt to seize the Pei- raeus in time of peace, and the Spartans, on the > demand of Athens, brought him to trial for this act of piracy. His con- demnation was regarded as cer- tain: but he was unexpectedly acquitted by the influence of Agesilaus. Athens immediately allied herself with Thebes and declared war against Sparta, B.C. 378 (Grote, ch. 77, vii. 89): and the whole period down to the peace of May 371, just before the battle of Leuctra (Grote, p. 145) is here included ; no re- gard being had to the abortive peace of 374, broken off almost as soon as it was made (id. p. 123). As Benseler observes, the Scholiast is wrong in limit- ing it to the Corcyraean war of 373 : for the main incident here alluded to is the naval victory of Chabrias off Naxos, which opened the way for the corn- ships to reach Athens and avert- ed the danger of famine; and this belongs to the earlier pe- riod of the war (September 376). The corn-ships were waiting at Geraestus in Euboea, afraid to double Cape Sunium while the Saronic Gulf was commanded by the Lacedaemonian fleet. Xen. Hellen. v. iv. 61. opd^ovs 6vTas ufviovs] tpofSoi ' vetch,' of which another form is €p€J3-Lvdos 'chick-pea,' con- tains the same root as Lat. ervmn, Germ. Erbse. Curtius, Etym. p. 346 i. 429 E. T (bviovs does not imply that they were 'dear,' but simply 'exposed for sale : ' G. H. Schaefer. In or- dinary times they were scarcely regarded as human food. p. 598.] nAPANOMUN. 23 S' dTTearelXare, elpr)vri<; eVu^ere oiroia'i Ttvuf; i/3ov- iGXeaOe. ooare ^LKaL(o^, (o dvBpe<; ^A67jva2oL, rrjXiKav- Tqv i^ovawv poirrjp e^' eKarepa tcov rpc^pcov, tovtov opov redeUare rfj fiovXf}, Trorep avrrjv Bel XajBelv rrju Bcopeav Tj ov. el yap iravra raXka ScoifCTjaece^ /caXco?, Bl oov Be TO T ef dp^rjf; ravr eKT7]adfieda koX vvv aco^ofieVf ravra^ firj iroLrjcraiTO, rdf; TpLr)pei^ Xeyco, ovBev eKelvcop 6^e\o<;' rrjv yap twv o\wv awjrjpiav 7rpa>T0V i)7rdp')(eLv Bel Trapecr/cevacr/uievrju tc3 Br^jiw, ovro<; TOivvv eU tovt ekrfkvde rov vopbl^eiv avro) Kal \eyetv Kal ypa(f)eLV i^elvai irav b tl dv ^ovXrjraL, ware l3effov\ev/cvla^ p^lv rdWa ov rpoirov vfiel^i uKOvere rfj^ ^ov\t]<;, ov ireiroi'qfievrjf; Be rch rpiypec^;, yeypa(f)e Bovvat rrju Bcopeav. 17 Kal ravra fiev g>9 ov irapd rov vopuov icrrlv, ovr ' dtoiKT^aei Bens, cum 2Tfikrs. § 16. 8pou TeOeiKare] So 5poi fiurj(rKecr9at, ' what advances lie TU)u ayadCov Kal Kavoves^ ' tests has made in his power of recol'- and standards of everything lection.' good,' de Cor. p. 324 § 296. A ^e^ovXevKvlas] as in §§ 5, 9, slightly different sense in Mid. ' discharged its functions. ' p. 548 § 105 em opov d^fievos §§ 17—20. Anticipation of iravTi Tp6ir({) fie dueXelv, ' having the defence that the senate was but one object in view', =tAos. not responsible for the defalca- rds TpLTjpeLs Xeyu)] Cobet again tions of its subordinate ofi&cer. brackets, ilisc. C?7^ p. 521. He I hear however that the defendant will not hear of statements being will urge that the senate is not brought down to the level of the to blame, but that the treasurer meanest capacity : cf. § 11. of tlie shipbuilders ran away with TrapecTKevaap.^vrji' t<^ STy/iCj)] 'se- two talents and a half, and the cured for the people' K. And thing ]ias been a misfortune. To similarly Benseler's version. this I reply, first, that it is not ets TouT^ i\i]\vde rod pofj-i^eiv] usual to reward misfortunes : and The genitive after els touto is further, that he is advancing two much more commonly a sub- pleas which are mutually incon- stantLve than a verb ; we say ets sistent. Androtionis on the horns TovTo [xavias, ToKfxrjs, dvaLaxw- of a dilemma. If the reward has Has. A parallel instance is how- not been given contrary to law, ever quoted from Plato, Meno . what need is there of an excuse ? 84 A, 'Euvoeis av, c3 'Mivojf, ov By urging an excuse for the sen- iaTLv -^dr] ^adiji'uv S5e toO dvafit- ate, he in effect admits that the 24 RATA ANAPOTinNO^ [§18. av ovTO^ €)(0L Xeyeiv ov6* v/tet? nTeiaOeiT^T aV™* CLKOVtD 8' avTOV ToiovTOv ipetv TLva iv vfilv Xoyov, C09 ou% 77 ^ovXrj ryeyovev alria rod fiy ireTroLtjadac rd<; vav<;, aXX' 6 tcov TpiTjpoiroLcov Tafjt,La<; d7rohpa<; ^X^'^^ ^X^^ Trez^^' rjixiToXavTa, koI to Trpdjfjia drv- •" au om. Z Bekk. Bens, cum 2T0r. law has been broken. But on grounds of public policy it is your duty to admit no excuses. If you once begin a system of admitting excuses, you will get nothing done. Once more, I will prove to you that the senate is responsible for the failure to build ships, for the defaulting treasurer icas the man of its own choice. If it made a bad choice it must take the consequences. § 17. 6 riov TpL7jpo7roi<Zv Tafilas] Little is known of the Tpirjpo- irotol, who indeed appear not to be mentioned elsewhere. It may be inferred, however, from the fact that the senate was responsible for the prescribed annual addition to the fleet, that they were appointed by it, either as a committee of the Bouleutae themselves, or as a subordinate body (Boeckh, P. E. p. 249: Dict.Antiq.s. v. 'navis,' subinit.). We learn from Aeschin. Timarch. § 111, that the senate might justly be deprived of its Sojpea (the honorary reward here in question) owing to the mis- conduct of any of its members, since it had the power to get rid of them by the mode of expul- sion termed €K(pv\\o^opia. In another passage of the same orator, the TpLTjpoiroiol appear to be classed with the Teixoiroiol as an dpxv aiperri, and as charged with distributing the building of the ships among the ten tribes Ctesiph. § 30 eTretSdi/ 6' axpiXrj rts roi)s virb rov drffiov Kex^i-porovij- fi^povs Kal Tovs KXrjpioTods dpxov- ras, KaraXeiTreTai, ovs at (puXal Kal al rpLTTves Kal oi drj/xoL e^ iaiiTcoi' aipovvTai rd. drj/xoaia XPV' ixara diax^ipL^eLv, tovtovs aiperoi/s apxovras elvai, tovto 5e yiyuerai, 6Tav, 'Jicnrep vvf, ewLTax^V ri rais (pvXats, ij rdcppovs e^epyd- ^eadai rj rpt^pets vavirrjye'L- adai. If this passage stood alone, we should certainly infer that the rpnjpowoiol were chosen by the tribes; but the clearly proved responsibility of the senate in the matter seems to prove the contrary. They may have been ten in number, one for each tribe : and either chose their own treasurer or had one chosen for them by the senate, whose responsibility for its delegated authority was thus maintained. The information in Boeckh and in K. F. Her- mann {Staatsalterth. §§ 126, 161) is extremely meagre, and the above is offered as an at- tempt at explanation, taking the few known facts into account. On the Athenian State Treasurer and the various subordinate collectors of revenues, see Publ. Econ. book 11. ch. vi. i^X'^To] Equivalent to atno^ T}v 6s (^x^To, a condensed expres- sion like the opening words of the speech, Sirep Yjukttj/xuip... oierai 8e?j/. Funkhaenel com- pares Mid. p. 584 § 218 ov ydp (K TToXiTiKTjs alrias, ov5' uiairep p. 599.] HAPANOMnN. ^5 %77//,a (TVfjL^6^r}K€v. ijco Be irpwrov fJLev avro rovro Oav/J.d^co, el (TTe(f>avovv eirl tol^ 7]TV^r}fjLevoi,<; rj^iov rrjv jSovXrjv' roov KaropOovfievcov 'yap eycoye T^yovfirjv epycov ra? roLavra'i coplaOai rtfid<i' eirecra Se" /ca- i8 Ketvo en ^ovXo/Jbai, ^pdaai, Trpo^ vfjLa<i. ov (prj/ii hiKaiov etvat irepl d/jL(f)OLV Xeyetv, co9 ov irapd tov 599 ■* 5^ om. Bens. 'Api<rTo<pu}i' d-TTodoifS Toi>s a-reipd- vovs ^Xvcre rriv irpo^oK-qv, a'W e^ v^peu}s...Kpiu€TaL and Aristocr. p. 688 § 203. For examples from Plato, see the Editor's note (after Heindorf) on Protag. 341 a. v^vd' TifxirdXavTo] ' Two and a half talents,' as K. has rightly given it in his Argument to this speech : but in his text he trans- lates ' four and a half,' which would be Tri/XTTTOV -qixLTdXavrov. Curiously enough, he has made the same slip in pro Phorm, p. 956 § 38, as is there pointed out by Mr Sandys. In so distin- guished a scholar such oversights are but an indication of the haste with which he worked. eTTt TOis riTvxr}fJ-^voLi\ ' for mis- fortune' K., E. W. 'for this failure ' Dobree, which at least does more justice to the article. So Benseler, ' seines Missge- schicks halber.' I hardly think that Androtion is ironically re- presented as voting a crown to the senate /or (i.e. because of) their misfortune ; and prefer to render 'after such a fiasco,' or 'when they had made such a mess of it.' In other words, eTTt expresses here sequence in time rather than causality : but in § 69 eTrt Toi5rois...Te^i'di'at the causal no- tion is more prominent. Paley on Aesch. Pers. 527 iTriara/xai fikv (i)s ^ir^ i^eipyaafMevoLS dhserves : ' In this expression eirl does not 80 much signify after or conse- quent upon, as on or with, i.e. it refers to the state of affairs at the time of the action . ' It would be safer, I think, to say that eiri may also mean ' on ' or ' with.' Demosth. i, Steph. p. 1126 § 81 Mr Paley himself translates re- dvdvoA. ew elpyaa-fx^voLS ' [to be put to death] for what you have done.' iireiTa 8^ KaKeivo ?ri] The grammars lay down the rule that TrpQTov fxh is usually fol- lowed by ^Tretra without 5^. I notice Benseler's reading ^Treira Kaneiu^ ^tl for the sake of the curious statistics he has collect- ed: 'Out of 97 places in De- mosthenes where ^Treira follows irpQTov iikv or irpQrov, there is only one (Callicles p. 1278 § 22) where all mss. insert bk after ^weiTa, and only two (the present passage and Phaenipp. p. 1041 § 9) where it is found in cod. r.' § 18. Trepl diJ,<poiy] Andro- tion is made to plead at once 'no excuse needed' (because the law has not been broken) and ' a good excuse ' (because the senate in their collective capacity were not to blame). The prosecution contends that he must take his choice between the two lines of defence. In English law it is no uncommon thing to see a claim for debt resisted by pleas both of ' pay- ment ' and ' never indebted. ' 26 RATA ANAPOTIONOS [§§19,20. vofxov Tj Bcopea SiSoraCy koX co? ov ^ta rrjv /SovXrjv ovK elalv ai rpirjpeL<^. el fiev jap hu^ovai koI /jlt] iroiTjaafJLevrj TrpoaTjKec, rl tovto Sec Xeyetv, So ovriva hrjirore ov ireTroiTjvrai ; el K ovk e^ea-rt, rl fJuaXkov, av hua tov helva rj rov helva eTTihei^ri fir) ireTroirj- i() jieva'^, eKelvrj irpoarJKe XajSetv ; %«/0i9 ^e rovrcov efiotye hoKovaiv aipeaiv vjjblv ol tolovtol XoyoL BiBo- vai, TTorep' otecrOe Selu 7rpo(j)daec<; koI Xoyov^ aKoveiv Ta)v dScKovvTCOv vfjba<; rj vav<i KeKTrjcrOai. el fiev yap TOVTOv ravr dirohe^eaOe, ecrrat hrjXov dirdcrai'; rat? ^ov\aL<; on Bel irpoc^aaiv 7ri6avrjv e^evpelv 7rp6<i v/jLu<;, ov-^l Tpt7]peL<i TTOirjO-aaOac' e/c Be rourov rd fiev ')(^pr)fjLaTa dva\w6r]creraL, vaix; Be ou;^ efere vfjueh. 20 edv B\ «? 6 v6[io<; Xeyei, kol Bel Tov<i 6/jico/jLOK6Ta<;, TTt/CjOw? Kal dirXw^ Td<i /xev 7rpo(f)dcreL<^ dpeXrjre, ^avrjre Be d(pr}pr]fievoi, rrjv Bcopedv on Td<; vav<^ ov ireiroLrjVTai, irdvTe^, w dvBpe<^ ^Adrjvaloi, TTeTroirjfjbeva'^ Vfilv irapaBcoaovai rd^^ TpLrjpei^, irdvra rdXXa Trap* el 5' OVK ^^effTi] ' If {as is the no excuses are to be admitted, /flfct) it is not lawful, why should toOtqv raur cnrodi^ecrde] 'if the senate have received its re- you are going to stand this ward any the more, because An- from the defendant.' atroSexe- drotion can show that it was a-dat, to accept (1) a statement, owing to this or that person and so to ' allow ' a man to that ships were never built?' make it (2) an opinion, and so e^ ou does not merely present the to 'agree.' The latter is the alternative, as el fxri would have almost constant sense in Plato : done, but inclines the balance see on Protag. 324 c. 337 c. towards it. The phrase recurs Usually with the gen. of the in Timocr, § 53. For irpoarjKe, person only: the ace. is added, the force of which is preserved as here, in i. Aphob. p. 832 § 59, in the version above, there is ttoIj airoM^aadal ri irpoar/Kei an ill-supported variant irpoa- tovtwv Xeyovruv ; TjKec, an easier reading doubt- § 20. ttlkpQs Kal airXQs] 'you less due to a ' corrector.' Cf. proceed sternly and strictly to § 23, irpocrrJKev eirayy^WeLv tj/xlj/. overrule excuses and let it be seen §19. From the legal question that you have withheld the re- the speaker now turns to . the ward. ' K. dirXus implies ' stand- public interest, which will be ing no nonsense :' 'schlechtweg,' best served by a general rule that Benseler ; ' absolutely,' E. W. p. 599.] nAPANOMnN. 27 vfuv iopa/core^; aaOevearepa rod vofiov ry6y6V7}fieva. OTi Tolvvv ovK aiTto<; aWo^ ouBel^; dv6 pcoirwv icrrl Tov ixrj ireiTOirjcrOaL Ta<i vav<^, rovro cra^o)? vfjLtv eTTihel^o)' aveXovaa 'yap rj ^ovXrj tov vo/jlov tovtov i'X^ecpoTOvrjcrev avr-qv^. <• avTxi Z Bens, cum ETfit. aveKovaa yap rj jSoi^Xt)] The difficulty of this passage was felt in ancient times. Harpo- cration and the writer in Bekk. Anecd. p. 397 both notice the various readings avrfj and av- Trjv, the former further sus- pecting that some words have been lost (ci(ra0cDs 5' avrov ^xoj/- Tos Kal iXX€i7r(2s, d'XXoi aXXoos e^rjyovvTai). The Scholiast Ul- pian also points out that tovtov may be joined with tov vofiov, or taken separately; and ex- plains ^x^iporbv-qae by icTTecpd- vujae. We are thus led to two main lines of interpretation. G. H. Schaefer, reading aurV, ex- plains as follows: 'The senate, when it set aside this law (that the crown was dependent on its having built ships as well as discharged other duties) voted itself guilty. Its conduct was a proof, as the speaker says just before, that it was atTLos TOV jxri tr eiroLTJadaL rds vavs, for otherwise it would have laid the blame upon the really guilty person (the treasurer). This is, in the main, the view of Funk- haenel, of Martin Mohr i^ a programme (Colon. 1845) spe- cially devoted to this passage, of Dindorf, and of Kennedy in his translation and notes: and they mostly agree in Schaefer's suggestion to read avTi) avT-qv. But xetpoToi/eZi/ can hardly mean either to vote itself guilty or to vote itself the crown, as the Scholiast took it: and there is something forced in the whole sense of the passage thus under- stood, hardly in keeping with cra0cus eTTiSet^w. The other ex- planation adopts the reading aurij, for which there is good MS. authority, and separates TOVTOV from tov vojjlov. Ben- seler, partly following some of the older commentators, trans- lates thus: 'The senate (council), which made the law null and void, chose this man (the trea- surer) for itself.' In other words, ' I will prove to you the respon- sibility of the senate : for this very senate which acted thus illegally had (previously) chosen the defaulter for its treasurer (and so was liable for his mal- versation).' This at least pre- serves the usual meaning of X^<-poToveiv, and is certainly pre- ferable to the alternative ren- dering, though not, I think, free from difficulty : the proper Greek for 'Der Eath, der das Gesetz null und nichtig machte ' (Ben- seler's version), would be tj ^ovXrj r) dveXovcra tov vofiov. The Scholiast and Jerome Wolf ex- plained TOVTOV exeipoTovrjcrev av- Ty ' chose Androtion for its champion : ' Jurinus was the first to refer tovtov to the trea- surer. The Zurich editors, in deserting their favourite S, appear to have interpreted the passage in much the same way as Benseler; Kennedy and Whis- 28 KATA ANAPOTIONO^ [§§21,22. 21 "Eri Toivvv e'm')(eipe2 \eyeLV irepl rod rfjf; iraipij- cr6ft)? vofiou, to? v^pl^ofiev ij/u-et? koI ^\a(T<f)rjfjLLa<; ow^t 7rpo(jrjKovo-a<; /car avrov TroiovfieOa. koI (f)7)al Belv rjiJLa<^, etirep eiridrevoixev elvao ravr akrjOrj, irpo^ TOv<s 66(T/uLo6iTa^ CLTTavTav, tV eKGL irepl ')^l\i,wv eKiv- Bvv€vofjL€V, el KaTayjrevSofievoi ravr e(j)aLv6^eda' vvv ton both think it corrupt : as does Cobet, Misc. Grit. p. 522, who suspects an extensive la- cuna. §§ 21 — 24. Androtion's ex- pected defence to the charge of profligacy. He will say that all this is mere insult and calumny: that if we believed in the truth of the charges ice ought to have raised the question directly by an impeachment for immorality, so as to risk a thousand drachmas in case we loere proved to be false accusers. We reply on both points: first, ice do not merely accuse, we are prepared to prove. Proof must in some cases rest upon circumstantial evidence, or upon probabilities, not on ocular demonstration, but ours is not one of these cases; we have a witness furnished with documentary evidence and who has made himself responsible for his testimony. And secondly, we mean to bring such an im- peachment in due course; but we are within our rights in now referring to the law. For the question is predominantly one of illegality: and we show, with perfect propriety, that you have not only moved an unlawful decree, but led an unlawful life. § 21. Tov T^s eraip-qaews v6- fiov] As Androtion was un- doubtedly acquitted (Timocr. § 8), we may hope that this odious charge was without foundation. Aeschines procured the con- demnation of Timarchus on a ypacpij eraiprjaews, and so ' put out of the way' [dvriprjKe, De- mosth. F. L. § 2) oiie of his principal accusers in the matter of the Embassy. The substance of the law is given in Timarch. §§ 19, 20, and what professes to be the text of it, really com- piled from the two preceding sections, in § 21. As regards the penalty, the orator's vague expression rd [x^yiara iirLTi/XLa eiridrjKev is there particularised into davdrcp ^rjfiiovcrOcj. That such cases belonged to the ju- risdiction of the Thesmothetae we know only from the present passage. It is to be observed that the action did not lie against the immorality itself, but against the exercise of public functions, political or religious, by those who had been guilty of it. Cf. Diet. Antiq. s. v. Hetaireseos Graph e. tv^ eK€L irepl X'^t'^i' iKivdvveij- ofieu] For the final conjunc- tions I'm, ws, Sttws with past tenses of the indicative, see Madvig's Synt. § 131: Good- win, Moods and Tenses, § 44, 3 : and a note on Protag. 335 c. So below § 28 IV iKivdvveves irepl x'^'wj'. Timocr. § 48 tu' ^56k€ls. On this penalty for frivolous prosecutions, compare further, § 26 diraye' ev xtXtat? 5' 6 Kiv^vvoi and note on t6 p. 600.] nAPANOMflN. 29 Be (f>evaKi^€iv alrLa^; koI Xoc8opLa<; Keva^ TroLovfjuiuov;, 6oo 2 2 Kal ivo'^Xelv ov 8iKao-Tal<; tovtcov ovctlv vjjlIv. iyw S' olfjuac Belv Vfid(; Trpwrov /juev eKelvo Xoyl^ecrdaL Trap vfilv avTol's, on TrafiTToXv XoiSopla re koX alrla «e%&)/3tcr/xe^'oi/ iaTLV eXe'y^ov. atTta fiev yap iariv, orav TL<; "yjnXQ) ')(^p7)crdfjLevo^ Xoyw firj Trapdcr'^rjTat, TricTTiv wv Xeyec, eXey^o^ Be, orav wv dv elirrf rt? Ka\ TdXr)d6<; ofjuov Bei^r). eart tolvvv dvdyKr] TOV<i iXey)(ovra<^ rj T€K/J,i]pia BeiKvvvai Be wv e/jL(j)avtov(TL TO TTiCTov vpZv, rj TO. el/coTa (jypd^etv, rj fidpTVpa*; 7rap6')(^6(rdat,' ov yap olov t ivlwv avTOTTTa^ vfjud^;^ €<ttI KaTaaTTjCTaLy dXhC edv iTnBeLKvvrj Tt9 Tt tovtcov^ P uyttas om. Z Bens, cum 2. ir^/xiTTov [xipo's, above § 3. — e/cei = in that court, before the Thesmothetae, i((>a(.v6fji€da\ Joined to a parti- ciple, should be translated 'were proved to be ' false accusers : not ' were thought,' or ' appear- ed.' § 22. irpQ}Tov ixhv'] Introduc- ing the answer to Androtion's first objection, that there was no foundation for these charges. The corresponding (irecTa, as G. H. Schaefer notices, is im- plied in OTUU S' Srt Trpbs rous deap-oderas irpoffriKev eTrayy^X- Xeiv, the transition to his se- cond objection. orav Tis ^/'tXcJ; xpTjtrd/iei'os X6- 7<^] 'When a man makes a bare statement without furnish- ing any grounds for believing him:' i. Aphob. p. 830 § 54 \f/i\ip \6y({} xpW^l^^vos ws TTLarev- di)(T6p.evos 5i' eKelvoiv. So in Plat. Phaedr. 262 c, xpikm ttojs \iyo- p.iv, ovK ^x^^"^^^ LKava irapaBeiy- P-ara, where Dr Thompson gives other meanings of i/'tX6s X6yos in Plato, e.g. Theaet. 165 a, xj/t- Xwv X67WJ' = abstract dialectics, but in Laws, 11, 669 d, X6yoi xpiXoi are 'prose,' as distin- guished from metrical compo- sition. tt'kttlv dv XiyeC] tticttiv is here any sort of proof or evi- dence, including reKpL-qpia, ehb- ra, p.dpTvpas, and distinct from t6 Tnarbv below = 'credibility.' Demosthenes reKp-ripiov, ' cir- cumstantial evidence' is of course quite different from Aristotle's 'certain or necessary sign' (Khet. I. 2 § 16, with Cope's Introduc- tion, p. 161). For eiKora, com- pare Cic. de Inv. i. 29 (46) : Probabile autem est id, quod fere solet fieri, aut quod in opi- nione positum est, aut quod habet in se ad haec quandam similitudinem, sive id falsum est sive verum. avToirras vp.as iarl Karaarri- (rot] This is certainly one of the places where MS. 2 alone outweighs the authority of all the rest. To say that in some cases the jury could not be made eye-witnesses is little 30 KATA ANAPOTIfiNOS [§§23—25. iKavov z/oyLtifere eXey^ov e^ecv vfieif; elKorw^ rrj^; dXr]- 23 ^eta? eKCLO-TOTe. i^/jL€1<; tolvvv ovk i/c Xoywv €lk6tcov ovBe^ reK/jirjpLcov, dWd Trap' ov jJuaXtara Blktjv ecrrc XaBelv TOVT(p, ravr eirihelKWixev, dvhpa Trapeo-x^rj- KOTa ypajifJiaTeiov, iv co rd tovtcd ^e^cco/juiva eveariv, 09 avTov virevOvvov irofqaa^ ixaprvpel ravra. wg& orav fJiev XocBoplav ravra Kal alrlav elvai (fyrj, viro- Xa/JbffdveO^ o)? ravra jjuev iariv eXey^o?, d K ovro^ rroiel, ravra Xoihopia Kal air la' orav 8' on TTpo? rov<i 6e(TiJbo6era<^ irpoarjfcep iirayyeXXetv rjpbiv, eKelvo VTroXa/jL^dvere, on Kal rovro TroLijaofjLev Kal vvv ^ oyS' ^K Z Bekk. cum libris praeter S. better than nonsense : the mean- ing of course is, that in some cases (he might have said ttoX- Xwvfor evicov) ocular demonstra- tion is altogether impossible. § 23. diKrjv ?crri Xa^eXv roiJTipl The argument here is well illus- trated by Arist. Ehet. i. 15 § 17. The side which has elKora but no witnesses is there recom- mended to urge that probabili- ties cannot be bribed to deceive the judges, or convicted of false witness {xf/evdo/iaprvpiuiv) : the side which has witnesses, while the other side has not, to argue that probabilities are not re- sponsible (liable to trial and penalty) like witnesses, and therefore less to be trusted (^- XOVTL 8^ irpbs fiT] 'ixovTa, on ovx virodiKa tcl eiKora, kuI otl ovbkv dv ^dei fxaprvpiQu, el ra elKora iKavbv Tjv deupTJjai). Diodorus has a witness, 8s avrbi' virevdwov TTOLrjaas fxaprvpel ravra, i.e. is hable to a ypacpr] -ipevdojxaprv- pi(MV. Cross-examination, in the modern sense, was little prac- tised in the Athenian courts : written evidence [ypajxixardov here) was preferred to oral. avdpa Trapecrx'j'coTa ypajXfxarel- ov] The construction here is scarcely grammatical, and Bek- ker, with the proviso ' si quid mutandum,' suggests av^phs ira- peaxvKOTos. But Gr. H. Schaefer well observes, in a note which contains a lesson often needed by conjectural critics : ' Viden- dum tamen ne hoc pacto non librarios sed ipsum scriptorem corrigamus, qui fortasse haec verba, quum referre deberet ad Trap^ ov, rettulit ad verbum proxime antecedens eiridelKw- fieu- cuiusmodi inflexiones con; structionis notandae, non cor- rigendae videntur.' a 5' ouros TTotei] To be under- stood, I think, of A.'s charges against Euctemon and Diodo- rus ; not, with Reiske and Din- dorf, of his repelling the accu- sations against himself. The latter could hardly be called \oL8opia Kal airia. TTpoarJKev eirayyiWeLv^ ' We ought to have proceeded by way of denunciation ' {iirayyeXia §29). p. 601.] nAPANOMHN. 31 24 7rpoar}K6vT(o<; irepl rod vo/jlov Xeyo/jiev. el fiev yap aWov Tcvd aryoopa dycovL^o/xeuov aov ravra kutt/^ yopovfiev, BLKaLco<i dv rjyavdKrei^' el K 6 jiev vvv ive(7Tt]Koo<; dywv icrri Trapavo/xcov, ol vofiou 8' ovk ewai Xeyecv ovSe rd evuo/xa roz)? ovro) jSe/Sico/coTaf;, i^fieU 8' iirLSeL/cvvfiev ov fjtovov elprjKora avrov irapd- vofia, dWd KoX fieffccoKora 7rapav6/j,o)<;, Trw? ov')(l 60 1 TrpocrrjKei, Xeyecv irepl tovtov tov vojjlov, hi ov ravra eKey')(erai ; 25 Kal ix7)v KaKelvo ye Bel jiaOelv vpud^;, on rov<; vofjiov; 6 riOelf; rovrov^ XoXcov Kal rwv dXkcov rov<; TToXXoi)?, ovBev o/LiOLO'^ (OV rovro) vojxoderr)^, ov'^ evl eScoKe^' rpoiro) rrepl ro^v dSiKrjfjLdrwv eKaarcov XajJL^d- veiv S[k7)v Tol<; /SovXcfjuevoL'; rrapd rcov dBiKovvrcov, dWd TToXXa^ft}?. yBcL ydp, olfiai, rov9\ on roi)? ' U5o}K€ Bens, cum flkst et edd. vett. TTpoarjKdi'TCJS irepl tov vo/xov] who has been rolibed ; or the ' That we are properly referring various ways of prosecuting in to the law' against iralp-qcns. a case of impiety. It is for the § 24. el. ..OVK ecoai] ovk iav accused to prove his innocence, is a single notion = air ay opeveiv, not to dictate the mode of pro- and therefore ov regularly fol- cedure against him. In like lows et. Comp. on § 18 et 5' manner, Androtion, don't ima- ovK ^^eoTL. gine that you are to escape ravTo] ' This criminality ' of punishment because we have Androtion's. brought a ypa<f)T) irapavofiojp lohen §§ 25 — 29. But once more, rve might have laid an eirayye- that toe ought to have proceeded Xt'a : if we forbear to prosecute against him in one loay, and you in all the ways which the not in another, is contrary to laws allow, be thankful to ws the whole spirit of Athenian for those we omit, legislation. The laic allows a § 25. o ridels] An imperfect vanety of remedies for every participle, as is shown by ^Sw/ce sort of wrong : some by criminal and fibeL following. prosecution, others again by way ovd^v ofj.ot.os (Joy rovrq} vofjLodi- of civil action : and this because tt/s] This sarcasm recurs Ti- men vary so much in their poicer mocr. §§ 103, 106. Comp. of taking care of themselves. below § 73, fin. ojulolov ye, ov Take, for example, the different yap ; i. Steph. p. 1118 § 56 modes of redress open to a man "O/xoids ye 6 Aeivias. 32 RATA ANAPOTIONOS [§§26,27. iv rfj TToXei ^evkaQai 7rdvTa<i ofjuolw^;^ rj hetvov^ rj Opaaeh rj fierplov^ ovk av ecTj. el fiev ovv, m rot? fjL€TpLot<; SUrjv e^apKea-ei Xa^elv, ovtoj tov(; vo/iiov^ Brjaei, fxer ahela^ ecreadat ttoXXoi)? 7rovr}pov<; i^jetro, el B ct)9 To2<i dpaaiac koX Svvarot^i XeyeLV, roi)? l8La>ra<; ov BwrjaeaOai rbv avrov TOvroc<i rpoirov 26 Xafi^duecv BIktjv, Belv B^ mero jJLTjBeva aTroaTepeladac • dfioiovs Z Bekk. 8eivoi>s] ' Clever,' = dvvarocs \4y€LP, below ; joined with 6pa- <Tvs also in § 31. Comp. the fuller expression ou'rws cop 6pa- (jifs Kal X^yeiu deivbs, § 66. In all these passages we have Kal, not ^ : and Cobet approves of Dobree's conjecture ofxoitjs 5ec- povs Kal dpaaets, omitting ^ /xe- Tpiovs. In Eurip. Bacch. 270-1, dpaaiis di dvparbs Kal Xeyeiv olds T av7}p, dvparbs can hardly be anything but a gloss on otos re : and Dr Badham ingeniously conjectures dpaavs 5' ev darocs. Plato is fond of joining <To<p6s Kal Seivos : see on Protag. 341 b. Opposed to dewoiis ^ dpaa-ets, ni- Tpios includes both intellect, ' simple, unsophisticated,' and temper, ' quiet, well-behaved.' On tStcirrjs, ' the layman, as dis- tinguished from the member of a learned profession or the spe- cialist {eiraiu:v), here of course the man unversed in public speaking, opposed to dwarovs Xiyeiv, cf. Protag. 312 b, Dr Thompson on Gorg. 455 b. § 26. A loctis classicus on Attic procedure in case of felony {KaKovpyLa), deserving a careful comparison with the pofxoi kXo- TTTjs K.T.X. (not the actual text of the law but, in this instance at least, compiled from authen- tic materials) in Timocr. § 105, and the orator's account in the same speech, §§ 113, 114. The democratic spirit of Athenian legislation aimed at effecting a real equality of rich and poor before the law, by the variety of remedies it provided against the wrong-doer; and further, as we learn from the present passage, sought to neu- tralise the advantages of bodily strength, pugnacity and readi- ness of speech. We find here (1) airaycoyT], (2) e(priyr}ais, (3) ypa<pTj or pub- lic indictment, (4) Si/ctj or a private suit for restitution of the stolen goods with compen- sation. To these might have been added ^vSei^Ls which, though properly an 'informa- tion' against one who, being aTLjjLos, obtained an office or usurped a right from which he was disqualified, was likewise used in a more general sense (cf. Schoemann, Assemblies, p. 177). For fuller details the stu- dent is necessarily referred to Diet. Antiq. s. w. : we may here indicate the main distinc- tions between these several pro- cesses. In dirayuryr] the com- plainant took upon himself the responsibility of the arrest with- out previous legal steps, and incurred the risk of resistance p. 601.] nAPANOMUN. ITIVE^SITI Tov SiK7}<; TV)(elv, cy? eKa(TTO<^ Bvva' ecTTai TovTO ; iav iroXka^ oBov^ Sw Be iirl Tov<; TjBiKrjKora^, olov Trj<; KXo7rrj<;. eppdya^atrical GavTw TTia-revei^' airaye' iv ')(^iXlai<^ S' 6 klvBvvo^. dadevecTTepofi el' toU ap'^ova-iv icf^rfjov' tovto ttoitJ- 27 (rovcTLV i/c6Lvoc. ^o/Sel koX tovto' ypd(j)ov. KaTa- fjLefji,(j)€i aeavTov kol irev7]<i wv ovk dv €^oi^ ')(^L\ia<^ mony of the grammarians (Har- pocration, Hesychius, Suidas, Bekk. Anecd. i. 200, 414) and the judgment of modern writers (Schoemann in his latest work the Antiquities as well as in Att. Process, Westermann in Pauly's Real-Encycl. ed. 2, Cail- lemer in Daremberg and Saglio). See further c. Conon. p. 1256 § 1 ?VOXOS...T^ tQv \0)ir65vTh.V airayw-yy KalryTTJi v^peusypatpfj, where Mr Sandys does not ques- tion the received view. The passage in Lys. c. Agorat. §§ 85 — 6 deals with a case in which dtraycijy^ followed epSei^LS, but by no means proves that this was always the rule. The well-known distinction between diKij and ypacprj calls for no particular remark: it may, however, be noticed that the dlKT} or private action was not necessarily before a Diaete- tes as in the text ; it might also be before a court, probably that of the Thesmothetae (Meier, Att. Process, p. 67). TOis apxovacy icpijyod] Accord- ing to the usual meaning of vyeia-dai with a dative, ' guide ' the magistrates' or 'show them the way' to the spotc The term cLpxdiv is not hmited to the nine : i<p'^yr]cns might be carried out by the Thesmothetae, or still more frequently by the Eleven {oi § 27. KaTa/jL4/x(peL (xeaVTov] tm^'^^- and of forfeiting 1000 drach- mas. In i(priyr}<ris the proceed- ings were still summary, though less so than in the former case ; the prosecutor applied first to the magistrate and conducted him and his ofificers to the spot where the capture was to be effected. In ^udei^n a written information (also called hdcL^is) was laid before the magistrate, whose duty it then became to arrest or hold to baU the ac- cused. Prof. Jebb in a note to Attic Orators i. 57 appears to doubt altogether this technical use of dwayoiyq. He writes : * The terms Ivdei^is KaKovpyias and ctTraYwyrj KaKovpyias do not de- note two different processes, but two parts of the same process. 'Evdei^Ls was the laying of in- formation against a person not yet apprehended : dirayoiyr} was the act of apprehending him.' Unquestionably we are not re- quired to assign the technical meaning to every passage where the words dirdyeiv or dvayuyrj occur; but that dirayuiyT) did not merely denote arrest fol- lowing information, but, as a law-term, was applied to a sum- mary process especially directed against offenders caught fla- grante delicto {eir' aiy'ro^wpy), is not only the natural inference from the present passage, but supported by the express testi- W. D. 34. KATA ANAPOTIUNOS [§§ 27, 28. €KTL(7aC' BcKci^OV /cXOTT^? TTpO'} BiaiTTJTrjV, KoX OV KivhvveuaeL'i. tovtcdv^ ovBev ecrrt ro avro, Trj(^ dae- Peia^ Kara ravTa €(ttlv aTrdyeLV, 'ypd^ecrOai, Blkcl- * Z Bekk. [ovUrepov ^oiiKeiToiTOiv; ypd(pov. KuroKpeis Kal Ta^rrjv; i(t)r)ym)] cum libris. The sense of 'blaming' or ' find- ing fault with' passes into that of * distrusting' or 'feeling a want of confidence.' So in the youthful oration iii. Aphob. p. 844 § 1 he says KaTooKvow av TTiv ifJLavTov KaTaf).€p.<f>biJLevos rfKi- Kiav. In Eurip. Hec. 885, 1184 the simple verb fxifKpofjLai bears the same meaning: but in Hel. 31 "Hpa dk fiefji(p9eia^ ovvck' ov vLKq. ^eas it is 'dissatisfied, disappointed,' a somewhat dif- ferent sense. Liddell and Scott do not notice these usages. biaLT-qT-fiv] In a hiKfj kXoittj^ only the public arbitrators ap- pointed by lot (/cX7?/)ctfT0() can be intended: the private arbitra- tors chosen by mutual agree- ment between the parties {aipe- Tol) and implying a more or less friendly suit, are not to be thought of. On the whole sub- ject of the Diaetetae, the exhaus- tive treatise of Hudtwalcker, Ueber die Diateten, 1812, has left little to be corrected by later scholars: and it is closely fol- lowed by Mr Whiston in his carefully-written article in Diet. Antiq. Something, however, is to be gleaned from K. F. Her- mann {Staatsalterth. § 145), Schoemann (Antiq. pp. 471 — 3), Westermann, in the Transac- tions of the Saxon Academy of Sciences, i. 438, and especially Perrot {JEssai sur le droit Public d'Athenes, pp. 284—309). The question of their number still remains doubtful, notwithstand- ing some important light thrown upon it of late years. XJlpian had stated it at 440, i.e. 44 from each tribe (TJaav d^ riaaapes Kal TecoapOLKOVTa Kad' €k6.ot7}v (fyvKrjVj scholia on Demosth. Mid. p. 542 § 86). This number seems un- necessarily large: the orators often mention only one arbitra- tor in each case: and an easy correction of Ulpian's words was suggested — rjaav 8^ reaaa.- poLKOvra, T^aaapes KaO'' eKacr-qv <pv\-^y, making the total number 40. This conclusion has again been disturbed. An inscription of about B.C. 325 (first published in Koss, DemenvonAttika p. 22, also in Ehangabe's collection, no. 1163) names the Diaetetae who had actually served in that year, and had been rewarded with a crown. The numbers mentioned from the different tribes vary between 16 in the Cecropis and 3 in the Pandionis, in all 104 names. If, as is pro- bable, an equal number was chosen from each tribe, there must have been at least 160 of them. The fact that not all the Diaetetae of the year are com- memorated in the inscription is easily explicable: those who were most in request would be summoned oftenest, some per- haps not at all (Schoemann, Perrot p. 292). rrjs daejSeias] The list here given does not exhaust all the forms of prosecution for this offence. Besides aTrayuyrj and dcre^eias ypa<prj, the accuser might proceed by ^i/Sei^ts (Andoc. p. 602.] nAPANOMUN. 35 ^€<r6at 7r/)09 EuyaoXTrtSa?, (f)pd^eLV tt/oo? top ^acnXea, irepX T(Sv dWcov diravTcov rov avrov rpoirov cr')(e^6v. 28 el Bt] Tt9 CW9 fiev 01^^(1 KaKovpyof; iarf, firj \e<yoi, rj w? 602 ovK dae^rj^y rj o Tt Btjitot eorj 8l o Kplvocro, Sid ravra 8' ifc<f>€vyetv d^Loirj, el fiev dirrjyfievo^ etr], Bcotl tt/jo? BiaLTrjTrjv e^rjv avTw \a')(elv teal ypdcpeadaL %/o^z^^ el Se TTpo^ BiacTTjrf} (fievyoi, otl xP^^ ^^ dirdyevv, Xv de Myst. § 8 and passim) irpo- /SoXi; (Liban. Argum, Mid. p. 509), or elcayyeXia (Andoc. de Myst. § 43). Of the latter class was the indictment of Alcibi- ades, preserved by Plutarch Al- cib. 22 [elarjyyetXev): compare Grote ch. 58 (v. 183). The two other courses, diKa^eaOat jrposEv- fioXTridas and (ppd^eiv irpos rov paaLXea, are mentioned only in the present passage. It may safely be assumed that the latter was a device, like those just referred to in the case of KXoTrrj, for the protection of the diffident accuser ; by denounc- ing an act of impiety to the king-archon, he might escape responsibility for himself, and leave it to that magistrate to take up the charge or not. Funkhaenel {Prolegom. p. 27) seems right in explaining ^pd- ^etj' as a delatio merely, not, with Meier, as an actio. It is clear also that dtKd^€<y6at irpos EvfxoXiridas applied to the pro- fanation of the Eleusinian mys- teries, of which the family of the Eumolpidae were hereditary guardians. Caillemer further conjectures that the action of the Eumolpidae was confined to ' spiritual censures ' (des peines religieuses, telles que I'exclu- sion des mysteres ou la priva- tion du titre d'initid, sans in- fluer sur I'^tat civil et politique du coupable) ; and that the other sacred family, the Kerykes, pos- sessed the same authority (ap. Daremberg and SagHo, s.v. Ase- beias Graphs). That the two processes might become practi- cally identical appears from a scholium quoted by Dindorf : 6 yap /3ao-t\ei>s iirefieXeiTO tCov iepufv Trpayfidroiv Kal iirrjye rots T-ijs dae^elas ypacpds irpos roi/s EufioXirldas. An important passage on the Eumolpidae is Lys. c. Andoc. § 10 : the laws of which they were the i^rjyrjTal or expounders, were unwritten, and of immemorial antiquity. § 28. Trpbs diaLTTjTTjv — Xa%e«'] sc. 8iK7]v, expressed in Neaer. p.^ 1378 § 98 ol nXarace^s Xay- Xdvovat diKiju tols AaKedaipiovlois eis Tovs ' A/iKpLKTiJouas : more usually omitted, as here and Mid. p. 554 § 120. In Nausim. p. 985 §§ 1, 2 we have both phrases within a few lines : adv. Everg. et Mnesib. p. 1160 § 69 the construction is the same as here, Trpbs rbv ^aaiX^a firj Xay- Xdveiv. Eunkhaenel, who col- lects these passages, wrongly adds to them 11. Steph. p. 1136 § 23 vfxoov Toi>s Xax^vra^ where it is used of the jury, not the prosecutor. trpbs SiaLTTjTy (f)ei!>yoL\ The change of case after irpbs should 3^2 36 KATA ANAPOTIONOS [§§ 28—31. eKLvBvveve^ irepl ')(^lKlwv, 76X0)9 av ely ^rjirovOev. ov rydp Tov rye /juijBev TreTrotrjKOTa Bet Trepl rov rpoirov ovTLva '^prj Bihovai Blktjv dvTLXejecv, dX)C w<; ov 7re- 29 TTOiTjKev eTTiheiKvuvaL. tov avrov Br) Tpoirov, ^AvBpo- TicoVy Kol (TV firj Bid Tavra otov crot irpocrrjKeLV firj Bovvat BiK7]V, el ypd(f)ec<; rjTaiprjKw^, on fcal Trpo? roi)? Oea/jLoOeTa<i eaO* tjixIv irrayyeXLa' dX)C rj Bel^ov ov TreTTOCTjKOTa Tavra aeavTov, r} BUrjv VTre'^^e wv yeypa- <^a9 ri T0L0VT0<; doV ov ydp e^ecrrl croL el Be ae firj irdvTa's, o(Tov<; ol vojxoi BuBoaai, Tpoirov^ TC/jicopov/jLeOa, ^apiz^ '^/JLLV wv irapaXeLTTOfiev e/ceivcov e^e, /jltj Bid TavT d^iov /jLTjBeva TpoTrov Bovvau"^ BUrjv. 30 ^K^Lov Toivvv, (a dvBpe^ ^ A.0r]valoL, Kal tov OevTa ^ dovvai rpbirov Bens, cum S. be noticed. The reading of two inferior mss. haiTTjT-qv could only mean ' fly for refuge ' to an arbitrator: the sense required is, 'if he were defending an action before ' an arbitrator. Iv' eKLvUveve^l § 21, note. Tbvy€lx'qdkvireTrot'r}K6Ta'\ Indefi- nitely, 'one who has done no- thing ' wrong : and so = 'the de- fendant, if he be innocent.' §29. et 7p(£0ets TjTaip?7/cws] * if you move decrees {•^r^cplcrixaTa) after having committed infamous crime,' K. The distinction be- tween ypacpeLV and ypd^eadai, is important in these four §§. iirayyeXia] Diet. Antiq. S. v. and compare § 23 iirayyiWeiv. (Sv yiy pacpa^ rt] A mixed con- struction, expressing that A. deserved punishment (1) for what he had proposed ( because illegal) , (2) for proposing anything at all (because disqualified), ms. S has here preserved (with one other) the more difficult but un- doubtedly true reading j the mass of inferior copies give el yiypa- (pas TL, which expresses only (2). Cobet's correction, u>v yiypa<pas omitting n, expresses only (1), and has not the merit of inge- nuity. Comp, § 33 ovK edvTa ypd4>€iv ffi, o()5' a tois dWois ^^earc, tov vd/jiov. dv irapaXdiroixev iKeivtav] Not = eKeivo}v u)u Trapa\eiTTop.ev, but *be thankful for all that we omit, out of those (possible) ways ' : ^k tov eKdvuu tQ)v Tpoiruv dpidpiov, Eeiske. §§ 30—32. Conclusion of the argument on the law of haip-qcns. Motive of the legislator in en- acting it. The author of this law was thinking mueh more of the constitution than of the im- mediate subject of any law that he was passing. If he had wished to punish such men, he might have devised many severer penal- ties ; and he thought it no hard- ship to silence them, for most of you Athenians, who are at liberty to move decreeSf do not avail p. 602.] nAPANOMUN. 37 TOP vofMov i^erdcrai, XoXfova, koX OeaaaaOaL oa-rjv irpovoiav eTroielro iv aTracrtv ol^ irWet vofioi^ Trj^ 7ro\LTeLa<;, kol ocrcp irepl tovtov /jloXXov iairovha^ev 7) irepl rod '7rpdyfjLaT0<;^ ov Tideli] top vofjuov. iroXka- ypQev puev ovv dv tl^ tSot tovto^ ov)^ ^Ktcrra S* e/e TOVTOV Tov v6/jbov, jJbTjTe Xejecv fxrjTe ypdcftecv i^elvac Tol<i yTacprjKoaov. eoopa yap i/cecvo, otl toI^ iroXKol^; vfi(ov i^ov Xeyetv ov \eyeT€, cocrTe tovt ovhev rjyelTO ^apv, Kol TToXV dv e'l')(6Vy el ye fcoXd^eiv ejSovXeTo 31 tovtov;, ycLKeir(iyTepa Qeivai. dXX ov tovt eaTrov- Saaev, dWd TavTa direlirev VTrep vfiwv koX Trj<i iro- XcTeca^;, ySet ydp, yBet to2<; alo-^pw'; /Se^tcoKoo-cv 603 dTraawv ovaav evavTicoTaTrjv iroXiTeiav ev y irdorLv e^eaTL Xeyetv KaKeivwv ovelhrj. eaTL S' avTT] tl^ ; hrj- fjLOKpaTia. ovKovv ivojJLL^ev da^aXe^;, et iroTe (TVfi^i]~ a-eTai yeveaOai (TV')(yov<; dvOpchirov^ icaTa tov^ avTOV^i y 7rp(iyfj.aTos aOrov Z Bekk. yourselves of the privilege, hut he as opposed to arbitrary govem- felt tliat men of immoral lives ment, as in i. Olynth. p. 10 § 5 could not he well affected to the oXws awiaTov, otiMai, rah iroXtTeL- democratic constitution; they uls i^ rvpavpis : sometimes demo- would naturally prefer an oU- cratic republics in general, as in garchy , where it is not allowahle de Khod. Lib. p. 196 § 20 roi>s to speak ill of the rulers. His rds TroXixeias KaraXvovras Kal object was, therefore, to prevent /JLediardpTas els dXLyapxlav : but such persons from corrupting the in the mouth of an Athenian people and bringing it down. to most naturally 'the consti- their own level : or from hetray- tution,' = tov biiixov § 32. ing it into blundering counsels. irepl tovtov] i.e. r^s TroXiTeias, § 30. i^eTaaac 26Xa;j'a] ' to as in ii. Olynth. p. 22 § 15 6 fi^v look into the character of S.' do^rjs iirLdvfieL kuI tovto i^rj- The revered name of Solon is as Xw/ce, with more in Jelf , Synt. usual attached to democratic § 311, Obs. 2, Madvig, Synt. legislation, which must really § 99 a. have dated from the time of §31. ravra direLTrep] 'he im- Cleisthenes or Pericles. posed the disabilities I speak of,' TTJs TToXtretas] Harpocration : K. It is difficult not to believe UoXLT£iq. Idioos eludaat x/avjcr^at ol that Demosthenes wrote tuvt' ^riTopes eirl ttjs drj/xoKpaTias. dTretvev, as Benseler has silently Sometimes ' republics ' generally corrected. 38 KATA ANAPOTinNOS [§§31—84. Xpovov; elirelv fiev Betvovg koI Opaa-eh, tolovtcov 8' 32 6v6lSoov kov KaKtSv fJuecTTOv^' iroXka yap av rov Srjp,ov VTT* avTwv v'iTa')(PevTa i^afiapretv, KaKetvov^; rjrot KaraXvcraL y av iretpdcrdat to irapdirav rov Srjfiov (iv yap Ta69 oXiyap'^iaif;, ovB* av wariv er ^AvBporlco- 1/09 Tij/69 aiaxt'OV ^6^L(DK6Te<;, ovK e<jTL Xeyeiv KaKoo^; Tov<; dpxovTa^) rj irpodyetv av (»9 Trovrjpordrovf; elvai, LV (o<; ofioioTarot acpiaLV wa-t. ttjv ovv dp')(rjv Tot9 TOLovTOi^ direLTTe /JLT) ixeT6')(eiv Tov (TVfM/SovXeveiVy Xva firj (f)eva/€t(r66l<i 6 BrjfjLo^ i^afidproL firjBiv. wv 6\Lywpr}aa<; 6 koXo'^ Kdyad6<; 0UT09 ov fiovov wero Seiv Xeyeiv Kal ypd^etv ovk i^ov, dWd kol irapd Tov^ vo/jLov; ravra iroielv. 33 Hepl fiev TOLvvv rov vofjLov, Ka0* ov cocfArjKorog avTov TOV 7raTp6<; rat Brj/ioalw '^pij/juara /cal ovk eKre- elire'iv jihv heivovs] G. H. Schae- fer notes this as a refinement {reconditior) on the usual Seivoin X^ywu, cf. § 25, Lept. p. 502 § 150 ovd^vos TJTTOV, <a avSpes ^AdTjvaioiy tQv XeyovTUv deivos elvelv, de Symmor. p. 180 § 8. ^ § 32. Tr]u ovv dpxwli § ^^ Xva firil The reading of T f) jfc r iva 5t7 ixTj is rather attractive, if the MS. authority for it were higher. Funkhaenel approves it. KoXos KCLyaOos ovtos\ Ironi- cally, 'this honourable man.' So in § 47 where A.'s political antecedents are to be held up to scorn. Cobet, Yar. Led. p. 71, remarks on /caXos Kaya-dos, ttoXKcL myada and the like, as a ' per- petuacrasis' ; i.e. /cal d7a^os wher- ever found in the mss. is to be corrected as absolutely inadmis- sible. (^ero Mv'[ Like the English equivalent ' thought proper, ' this is used of an impropriety. Mid. p. 661 § 143 p5e\vp6s Kal v^pL- a-TTjs (p€To deiv elvai. Below, §§ 56y 63, Timocr. § 65 rj^Laxrev. §§ 33, 34. The argument of §§ 25—29, that it is not for the defendant to dictate the mode of procedure against him, applied to another point in the case. With regard to his responsibility for his father's debts to the public, which debars him from speaking while they remain unpaid, he may say that we ought to have pro- ceeded by way of denunciation (^j/Set^tj). All in good time : we shall do so one day; but mean- while the burden of proof lies upon you, Androtion. Prove tliat your father was not adjudged a defaulter, or that he got out of prison not by running away but by satisfying the debt. You know that by law you inherit his disa- bilities in such cases. These, men of the jury, should be your answers if he makes any attempt to deceive you and lead you astray. p. 603.] nAPANOMUN. 39 TLKOTO^ ovK e^edTL Xijecv ovBe ypdcj)ecv tovto), ravra BiKata \iy€LV av e')(pLTe cIkotco^;, eav <py Belv yfid^i av- Top^ ivheiKVVvaL. tote yap tovto TroLrjcro^eVj ov jjua At ov')^i vvv, rivLKa hel ae erepwv wv ahiKel'i hovvai \6yov, dX\^ orav y irpocrrJKov etc rod v6{jlov. koI vvv he BeLKvv/jL€P^ ovk iSvra jpd(f)€cv ere, ouS* drot^ dWoL^ 34 e^ecTTL, rov v6p,ov. co? ovv ovfc McpXev 6 Traryp aov, Tovr iirlBeL^ov, rj oj? ovk d7roBpd<; i^rjXOev ck tov Be- aficoryplov, dXkd rd ')(^py/jLaTa eKrlaa';. el Be /nrf Tavd^ e^ei,<; BeiKVvvai, ovk e^ov yeypacf)a<;' KXrjpovo/JLov yap ae KaOio-Trja-cv 6 vofw^ t^9 dripbia'^ rrj^ rod ira- ' airrbu om. Z. Bekk. Bens, cum S. * SdKvvfJLtv S^ Z Bens, cum Sr. § 33. roLVTa UKaia] Benseler and E. W., after Jerome Wolf, rightly take this of what follows : * these are the answers which you might reasonably make.' Funkhaenel attempts to prove that the words refer to ovk e^ean yjyeiv ovd^ ypa(f)Hv : quoted, to my surprise, with approbation by Dindorf. 5e7v ly/xa? evbeLKvivai] The verb used absolutely for laying an ^j/Sei^is. So Theocrin. p. 1337 § 45 ypa(pe<rdai, (palveiv, evdeiKvv- eiv 'proceed by way of ypa<pr}, t6t€ yap tovto xoLrjaofiev^ Com- pare the end of § 23 for the same argument in almost the same words. Kal vvv 5^ SelKvv/iev] The Zurich Editors and Benseler are most likely right in reading /cat vvv SeiKvvfjLev 5^ with MS. S. It is quite the usage of Demo- sthenes to put a verb emphati- cally between Kal and d^\ iii. Olynth. p. 32 § 15 Kal irpa^ai 8^ bw-qaeade vvv. in. Phil. p. 129 § 70 e7c<; vri AC ipS), Kal ypd\p(j} 5^ ' and what is more.' § 34. (50Xej'] Not merely 'owed money' (dicpeiXev) but * had a decree out against him, was inscribed in the public ac- counts as a defaulter.' We say ocpelXeiv xpW'^'^^i ^^^ ocpXiaKO.- v€Lv, o^Xeiv 5lk7]v. The distinc- tion is rightly noted by G. H. Schaefer on Timocr, § 50. deiKvifvai] Most MSS. includ- ing 2 read dcLKvveiv, retained by the Zurich editors and Benseler and probably written by De- mosth, for the sake of variety. Dindorf leaves deiKvieLv un- altered, Timocr. §§ 35, 66, 68. Cobet, however, lays down the rule against such forms, Var. Lect. p. 317: ^8£LKv6eiv, deiKviu), ofivvoj et similia sequiora sunt et sub Menandri aetatem pro- pullularunt.' KXrjpovofiov ... T7]s dri/xlas] Diet. Antiq. s. v. Atimia, and Boeckh, P. E. p. 391. Atimia was not usually inherited ex- cept by the children of public debtors, among whom Cimon the son of Miltiades is a well- known instance. The harsh- ness with which the law might 40 RATA ANAPOTiriNOS [§§34,35. Tpog, ovTi 8' drlfjia) col Xiyetv ov Trpoo-rJKCV ovSe jpa- 604 ^etv. KoX irepl puev rwv v6p,ayv, 0O9 Trapeypa-yjrdfied', olfiat Selv vfjid^;, dv ri (j>6vaKL^6iv ijX^^PV '^^^ 'Trapd- yeiv ovTO<;, Tav& viroXafi^dveLV, d hie^eXrfKvOa iyco. 35 EtVt Be Kol irepl roov dWcov avT<p Xcryoi irpo^ to be enforced is vividly depicted in the opening of the speech against Neaera, p. 1347 §§ 5 — 8. The law of Timocrates, against which the Timocriteais directed, was expressly designed to miti- gate the rigour with which pub- lic debtors were treated, and wiU afford an opportunity for the fuller discussion of this question. See Timocr. §§ 45, 50, 54. ■n-apeypaxpa/neda.] 'which we have cited against him, ' K. who adds in a note : 'the laws which An drotion violated by his decree, which we have copied out and exhibited in court in juxta-posi- tion with his decree.' So in de Cor. p. 263 § 111 toUv irapa- yeypafjLfjL^pojv vbn.bjy of the laws hung up on a table [aavlbiov) by the side of Ctesiphon's decree for the judges to compare. From this primary sense of trapaypdfpeLv, to write as it were in parallel columns, we get the technical usage of Trapaypa<p-^, a 'bill of exceptions, demurrer, or special plea' in bar to an action, with the phrases irapa- ypa<pr)}f didoucu (c. Phorm. p. 912 § 17) or Trapaypaxpeadcu (c. Lacr. p. 939 § 45). The high legal authority of Mr Mansfield (in Diet. Antiq. a. v. Paragraphe) is against the correctness of the word 'demurrer,' by which 7rapaypa<pri is commonly trans- lated: according to him 'special plea' is, in English law, the more exact equivalent. Topdyecv] We may join rt with iyxeiprj, and supply u/aSs with (f>€vaKl^eiv Kol iroLpdyeLv : there is none of the difficulty which was noticed on § 4 ttXolttwv koI ■Ko^kyusv. ^evoKt^etv tivcl is the usual construction, as in the next §; (pevaK. and (pevaK. rivd Tt are rarer, but occur de F. L. p. 362 § 66 = 74 tLs 6 ravra (pevaKiaas; and p. 368 § 72 = 81 wp irecpeuoKiKe ttjv vdXtv. See Shilleto's Annot. Grit, on the former passage. §§ 35-37. But, it will he urged, if you condemn Androtion you loill put a stigma upon the wJiole senate by depriving them of the customary compliment. To this, I answer (1) that, even if it were so, the disappointment of 500 men at missing a reward^ which after all they have not deserved, ought not to weigh against the interests of the state, and the opportunity of reading a useful lesson to the citizens at large. But further (2) I am prepared to maintain that the discredit does not attach to the senate as a body or to its '■silent members,' but only to Androtion and the other mischief-making orators who manage the senate as they please. And even grant- ing for the sake of argument that the whole bodij is not wpcm its trial, it is (3) much more your interest to convict than to acquit. If you acquit, the senate will be still, as it is noio, ruled by the professional speakers: p. 604.] nAPANOMIlN. 41 v/iid<; nTpoaKovcraL. €(ttl yap el? avrm tolovto^, imt) irevraKocriov^i Vfidov avToov dcpeXicrOac rrjv Bcopedv fjbrjSk oveLhei Trept^aXetv ' eKelvcov 6 dydov, ov/c ifio^. iyoo 8' el jxev ifxeWere d(l)atprja6adaL tovtov^ fiovov, dWo he fjbijSev w^eXiqareLV rrjv ttoXlv, ovSev d vfid<; acj^oSpa (Tirovha^eLV tj^lovv' el he tu> tovto nroirjaai ifKelov^ rj /jLVpLov<; rov^; d\\ov<; iroXiTa^; ^eXriov^; but if you condemn, the ordinary members will no longer leave everything to these self-elected leaders, whose misconduct has cost the senate its crown: they icill take the trouble to think for themselves, and advise for the best. It is sufficient reason to justify a conviction, if it only enables you to get rid of the Orators ! § 35 . a.<peKi(r6ai . . . Tre pL^aXeTv} The reading a(j>i\'r](Tde...irepL^6L- \rjT€ {yp. S.) no doubt arose out of the return to the direct con- struction in eKelvwv 6 aywv, ovk ifxds : ' They are upon their trial,' says Androtion, 'and not I.' But the blending of the two constructions in one sen- tence is not unusual. Dindorf compares, after Funkhaenel, Xen. Cyrop. i. iv. 28 ivravOa 5?) Tov Kvpov yeXdaai re iK rOiv irpoadev duKpvcju /cat elirelv avrip oLTTLOvTa dappeiv, on irdpearaL auTois oXiyov xpovov dare bpdv col ^^ecrai kolv ^ovXt] daKap5afxvKTi: where however L. Dindorf reads opdv ^^ecrrat Kciv ^ovXrjTai. There are several instances in the Greek of the N. T. e.g. Acts i. 4 Trepifxeveiu ttju eirayyeXlav tov Trarpos riv riKovaari jxov. el ixkv i/jLiXXere dcpaLprjaeadat TovTovs fjiovov] 'if your only ob- ject were to deprive them;' not TovTovs ixovov, 'them only.' ■n-Xeiovs rj juvplovs] The state- ment in the not Demosthenic, but certainly contemporary speech (perhaps by Hyperides) I. Aristog. p. 785 § 51 eialu 6/xov diafivpLOL irdvres 'AOrjuatoi, is well supported by other testimony: and Eeiske accordingly wished to read SLa/xvpiovs here. In this, however, he has had no one to agree with him ; strict accuracy was not required; and 'more than 10,000' is quite enough to point Demosthenes' argument. Besides, p.vpioL (paroxytone in this sense, according to the grammarians) is the usual Greek word for an indefinitely large number, Lat. sescenti. The evidence as to the number of citizens is collected and criti- cised by Boeekh in his chapter on the population of Attica (P. E. I. vii, especially pp. 32 — 35). Omitting Cecrops and the times before Cleisthenes as prehistoric we get the figures 19,000, in- cluding those who were rejected on a scrutiny, in a census of B.C. 445, 19,000 in the time of Lycurgus (contemporary with Demosthenes ; for twelve years, probably b.c. 342—330, what we might call Chancellor of the Exchequer, ra/xias 6 eirl t-q Stot- Kr}<T€L, to the Athenian state, Mahaffy Gr. Lit. ii. p. 366): 21,000 in a doubtful census 42 KATA ANAPOXmNOS [§§35—37. elvai, 7rpoTp6yjr€T6f ttoo-o) koXXcov toctovtov; rrapaa-Kev- daac ^/39/<7Tou? 17 TTevraKoaioL^; ahiKco<^ ')^aplcra(Tdai; 36 to? S* ouS' ecTTtv d7rd(Tr]<; rb irpdyfia t^9 ffov\rj<;, dWd Tivcov, o'lirep elalv alrLOi twv KaKcov, /cat ^AvSpoTLO)- ro9, €^(0 Xeyeov. roi ydp iaTLv 6v€lBo<?j el o-LcoirSvTo^i avTov KOI firjBev rypd(j)OVTO<;y l(Tco<; Be ovBe rd TroWd €69 TO /3ov\eVT7]ptOV elcTLOVTO^, flT) XdffoL Tj ^OvXtJ TOP are^avov ; ovBevl StjirovOev, dWd rod rypdcpovro^: koL TTokcTevofievov koX irelOovTO^ d /3ov\olto rrjp pov- under Antipater 323 : the same number better attested under Demetrius Phalereus 309 : 20,000 fighting men in a genuine wTiting of Plato, Cri- tias 112 D (referring to mythic times, but no doubt expressing Plato's opinion as to his own) : all in substantial agreement with the author of the speech against Aristogiton. On the other hand there was, as Boeckh puts it,a 'customary assumption' in the absence of exact data that the number of citizens was half as much again, or about 30,000. For this he quotes Herodotus V. 97 where the statement is put into the mouth of Arista- goras who, however, had a motive for exaggeration ; Aris- toph. Eccl. 1132, a comic pas- sage to which there is a set- off in Wasps 709 bvo fivpLade: and Pseudo-Plat. Axiochus 369 a, where the whole 30,000 are ridiculously represented as all present together at the condem- nation of the six generals [rpia-- fivpioiv eKKKrjaia^ouTuv). ToaovTovs irapaaKevdaai XPV- ffTovs] xPV<^'''o^^ is attributive : ' to make so many persons ho- nest,' not ' so many honest men.' The sense approaches that of (ru(ppov[^€Lv, to bring a person to a sense of his situa- tion, read him a useful lesson. § 36. Ttvuiv oiirep eialv atTLOt\ The class of professional poli- ticians, comp. §§ 38, 67, 74. ry yip ecTTiv 6u€l5os el... fir] Xd- j8ot] For the interchange of the indicative, expressing fact or certainty, with the optative expressing hypothesis or mere probability, see Jelf, Synt. § 802, 6, Madvig, Synt. § 130, or a note on Protag. 335 a. Here the refusal of the crown, though it has actually happened, is put as a supposed case {plt) Xd/3ot) ; but the stigma follows from the refusal as a necessary conse- quence {iffTLv). In Goodwin, Moods and Tenses, § 70, 2, it is remarked that the indicative and optative in such cases seem to be interchanged without ap- parent reason. ov5evl...Tov yp&4>ovTo{\ The Greeks say indifferently tueidos Tivbs and 6v€t8os tlvL, and the love of variety so characteristic of Greek style accounts for the change of construction here. /Soi^Xotro] Naturally follows the mood of \d§oL. We might take ypdcpovTos, &c., as imper- fect participles, 'used to move decrees:' but the former is, I think, preferable. p. 605.] HAPANOMXIN. 43 \r]V' Zlcl yap toutov<; dva^ta rov (7T€(j)avco6fjvao 37 fie^ovXev/cev. ov jjbrjv aXX el koX to, jjudXcara ttcl- (rr)(; eoS' 6 dywu Trj<; /SouXtJ?, octo) crvfjb(^epei fidXXov vfuv Karayvovcrcv rj /jlt) Oedaaade. el fjuev diroyvdi- aeaQe, iirl toi<; Xiyovcn to ^ovXevT'^piov ecrraL, edv he Karayvcore, eirl rol^ ISccorat^;' eopaKore^ yap ol iroX- \ol Bod rrjv twv Xeyovrcov irovrjplav njvS' d(l)ypr)- fjLevrjv rrjv jSovXrjv top crre^avov, ov^l Trporjcrovrac 605 TovTOL^ Ta9 7rpd^ec<;, dXXd rd /SeXrcaT ipovaiv av- 5ih yhp Toi^Tous] *It was owing to these men (A. and his associates) that the administra- tion of the senate has not been worthy of a crown.' /3f/3oyXei/- Kev, sc. 7} ^ovKrj, as in § 16. § 37. ov firj'' dWa] 'Not but that,' is here somewhat unusually followed by an im- perative dedaaade. The orator probably had in his mind ov IMr]v dWd fidWov avfjL(f)^p€i, then altered the expression to the more vivid oaip fjiRWov avixcfiipei dedaaade. K. translates 'how- ever.' KaTayvovai] For the parti- ciple with (Tvfji,<p4p€iv, Schaefer compares Herod, viii. 87, ^8o^i ol t68€ TTOLTJcrai, rb koI o-vvrjveLKe Toirjadarj. Add Soph. Oed. Tyr. 316 (ppovdv (hs beLvbv ivda firj t4\7j I \v€t (ppovovvTi. Lys. Or. 25 § 27, oTs om dira^ eXvatr^- XrjaeireLdofi&oLS. [Plat.] I. Alcib. 113 d, aKOTTOvaiv oTTorepa avvoiaei Trpd^aaLv, and again, TroWots drj eXvcrLT^Xfjaeu ddLK-qaaci. fi^yaXa dSiKrifiaTa. (From Jelf, Synt., § 691, who however, is not hap- py in his explanation.) In this class of phrases the participle is more forcible than the infini- tive : as Stein well puts it in his note on the passage in He- rodotus, it expresses the reflex action (Doppelwirkung) of the deed when done : in the present instance, not merely, ' it is your interest to condemn' {KarayvQ- pul), but 'when you have con- demned (KarayvovaLv) you Will reap the benefit of it.' The low moral tone of the passage shows us Demosth. at his worst : the jury who sit to dispense justice are openly invited to give a ver- dict in accordance with interest. It is Trpdyfj.a pq.5iou (below, § 42). iirl To?s tStwrais] 'It (the senate-house) will be ruled by the ordinary (or * silent ') mem- bers, opposed to oi \iyovT€S, ol prjTopes. In de Fals. Leg. p. 346, § 17 = 19, rb yap ^ovXevT-qpiov fiecrrbv yjv Idiwruiv, they are)( ^ovXevrai, and Shilleto quotes Aeschin. Ctes. § 125, /xeTaart]- ad/xepos roiis IdiLOTas, 'having ordered strangers to withdraw.' Another usage of I'StwrT/s was noticed above on § 25. Again, in Nicostr. p. 1247, § 2, it is 'the individual,' as distinguish- ed from the state. irporjaoPTai tovtols rds Tr/ja^eis] Comp. F. L. p. 391 § 161 = 178, rd ip ©pg/CTj irpoeifi^poL, 'leaving matters in Thrace to take their course.' Another sense of TrpoteaOat, common in Demosthenes, is to 'risk or lend' 44. KATA ANAPOTIONOS [§§37-39. ToL el Se yevfjcrerai, tovto koX twv rjOd^cov koI avv- earrjKOTCov^ prjTOpcov aTraWayTjcreaOe, o-yjreaOe, (o avSp€<; ^AOrjvaloi,, iravQ^ a irpocrr^Kei yiyvoyieva. (haT el /j,7)Sev6<; aWov eveKa, Bid ravra Kara-^rjcpLcrTiov. 3^ '^O Tolvvv erepov Bel firj Xadelv v/jLd<;, aKovcrare. Lcreo^ dvap-qaeTaL kol avvepel rfj /SovXrj ^[Xiinro^ koX *AvTLyev7j<; kol 6 dvTiypa(j)ev<i /cai'TLve<; dWoo, oiTrep ^ Trapea-TTjKbTuv Z Bens, cum STiistv. money, the hazardous nature of ancient commerce suggesting the notion of ' throwing it away.' So pro Phorm. p. 946 § 6, rods dWovs xpijcrras ols irpoet/xivos TJv. Dionysodor. §§ 2, 48, 50. rC)v ridahtjiv koI crvveaTTjKdTUP pTjTopuv] If this reading is right, the meaning will be ' the old confederacy of orators' as B. W. translates : avvear. 'band- ed together.' There is, however, good MS. authority for -irape- ffTTjKdrujv, nearly = irapovruu, ' the old set of orators always on the spot' {bei der Hande, Benseler): and this I rather prefer. Thus early in his career, Demosthenes is already in mark- ed opposition to ' the other ora- tors. ' — ijdas is the only form in poetry, idas more usual in prose : see Shilleto on Thucyd. ii. 44 § 3, where he has not failed to notice the double reading of S in the present passage. §§ 38—41. The speaker now passes from Androtion's pre- sumed defence of himself to the pleas which others may be ex- pected to urge in his behalf. And first, §§ 38, 39. Those who, as lead- ing members of the senate now under censure, or as auditors of the public accounts, are respon- sible for the loss by embezzle- ment, will no doubt speak in favour of Androtion and of the senate. But it is themselves that they will really be defending. If you acquit him, you will be granting an indemnity to all his accomplices; you loill never be able to bring any one of them to justice. Resent their interference as that of men who are trying to deceive you in their own in- terest. § 38. ava^rjo-eraL koX awe pel] ' Will mount the Bema and plead the cause of the senate : ' the verb as usual agreeing with the nearest subject ^iXiinros though Tivh dWoL are included. The present of avuepei is avva- yopeijo} (de Khod. Lib. p. 194 § 15, Polycl. p. 1207 § 6), or avvrjyopCj (de Cor. Trierarch. p. 1232 § 16, 1233 § 18), agree- ably to the rule laid down by Cobet, Var. Lect. pp. 35—39. Compare his Nov. Lect. p. 778, Sandys on Demosth. Callicles, p. 1273 § 4. — Nothing is known of the men here mentioned. 6 dvTiypacpevsli The short ac- count of the dvTtypacpets, check- ing-clerks, contrarotulatores, contrdleurs, in Diet. Antiq. s.v. Grammateus, may be supple- mented by some additional par- ticulars from Caillemer's ar- ticle ' Antigrapheis' in Darem- berg and Saglio. It seems to have been a rule p. G05.] nAPANOMflN. 45 cKel Bl' iavToov elxov fJ'erd tovtov to ^ovXevTijptov Kol TOVTcov Twv KaKWV elcTLV acTioi. Set Brj 7rdvTa<i Vjid^ ^i^v(daKe.iv on tovtoi^ iarl fjuev rj 7rp6(f>a(rL<i t^9 (TVV7]yopLa<; ry ^ovXf} ^oTjOetv, rfj S' d\r]6eia virep av- Twv dycoviovvTai kol twv evOvvwv, a9 avrov^ TTpoa^Kei 39 Sovvac TO)V TreTrpay/juevcov. e'xei yap ovrw^. dv fiev diToyvwre rrjv ypacjyrjv TaiirrjVy aTravrh ela-tv dirrjXka- in all Athenian finance, muni- cipal and national, that where- ever there was a ra/u,ias, dis- penser, treasurer, or paymaster, there was by his side an dfrt- ypacpevs to check his expendi- ture. Thus it is proved by in- scriptions that there was an dvTiypa(p€ds to each deme : and a general in the field disposed of his own military chest sub- ject to a like control (Demosth. de Chers. p. 101 § 47, where, however, the word dvTLypacpeus does not occur). Of the two chief officers who bore this name, the avTcypa(p€i/s rrjs dioi- K-qaem attached to the principal finance minister (see on Lycur- gus, above § 35 ?i.), and the dvTiypacpeds Trjs: ^ovXrjs, the lat- ter must here be meant. I find it impossible to agree with Boeckh (P. E. bk. ii. note 162), that Harpocration is mistaken, and that the present passage relates to subordinate checking- clerks ; or that there were three principal avriypacpeLS as Boeckh also states (P. E. p. 186), on the authority of Suidas, who has confounded the dvTiypa(p€vs with the ypafifxarevs, or secre- tary of the senate, who prefixed his name to its decrees : or that there was only one, as Schoe- mann seems to hold in his latest work [Antiq. p. 378, note 4). It seems clear that the dvTLypatpeiis was distinguished from the ypafi/xarevs, by check- ing financial matters only, not proceedings generally : and that Harpocration is right when he says, quoting good authorities : AlttoI 5^ rjcav dvTiypacpets, 6 p.ev TT]^ Stot/cTjVeojs, ojs (p7]ai ^Ckbxopo'i, o bk Til's ^ovXtJs, ws 'ApiaTOT^Xrjs ev 'AdTjvaiojv voXLTelq.. oiirep iKel — t6 ^ovXevTTjptov] ' Who then with the defendant used to manage the senate- house. ' It is agreed that e/c et here = t6t€, a sense of which I can- not find another undoubted ex- ample : Soph. Philoct. 395, and Eurip. Ion, 546, 554, have been quoted, but all three passages may be explained otherwise : see Mr Paley's notes on each. ' e/cel Kal iirl xpofov rdcraeadaL, docetur Anecd. Bekk. p. 188, init.' G. H. Schaefer. — Demosth. says several times 5t' eavrou ^x^lv for ' to hold in one's hands : ' Funkhaenel adduces de Ehod. Lib. p. 194 § 14, 8C avrCjv elxov TT}v irbXiv. Olympiod. p. 1171, § 15, TO dpyvpLov Toud' dirav elx^" airbs 5i' eavrov 6 avOpojTros. de Cor. Trierarch.p. 1234 § 22, irdv- Tu 6t' avTup TToiouvTai (not to be construed as if it were ttolouo-lu). § 39. du p.hv dTToyvojTe] Here, to 'dismiss' the impeach- ment, t^v Ypa^-^i' : more usually to ' acquit ' the defendant, c. genit. pers. like KaTaytyfuaKeiv. 46 KATA ANAPOTMNOS [§§39—42. yfjbivoc KoX Bl/C7]v ovBeU ovBefjuiav fir) SS' rt? yap eV av /caTayjrrjcpLaacTO eKelvoyv, Trjv jSovXrji^ vfjudov icTrecpa- vcoKOTcov, ^9 ovTOL TTpoearacTav ; eav Se Karajvcore, irpcoTov fJL6v TO. evop/ca eaeaO" eylr7)(j)Lcrp.€Voi, elr iirl rah evOvvai^ eKaa-rov tovtcdv Xa/j,^dvovT6<;, o? jnev av vfitv dBiKelv BoKrj^ fcoXdcreTe, o? 3' av firj, tot d<f>r)- <T€Te. firj ovv oj? VTrep r^? ySouX^? \ey6vTcov Kal tcov TToWmv aKoveTe, akX co<; VTrep avTwv TrapaKpovofxe- voL<i opjL^eaOe. 40 "Ert TOLVvv ^Ap)^iav ol/ubat tov ^oXapyea {Kal yap ovTO<i i^ovXeve irepvaiv) w? iiTLeL/crj Beija-eadac Kal avv- Compare [Demosth.] Theocrin. p. 1327 § 17, oi KuXQi ^x" t(^^- T7)v cLTroyiyvoiaKeiv ttjv ivdei^iu: on the other hand, diroyviovai r^j diKTjs, c. Phorm. p. 913 § 22, p. 920 § 45, Anecd. Bekk. p. 183, 24: 'AiroyLyvcJCKeiv' dcpei- vai tQv iyK\7]fidT(i}u. KoXda-ere] The active form, as always in the Orators ; KoXd- aofiai Xenophon, Plato: contr. Ko\(2fiai, apparently only in Aristophanes. " The quotations of fut. act. will show that^Hem- sterhuis and Porson were quite wrong in asserting that ' the Attics use only the mid. fut. of this verb,' and that Butt- mann, Passow, and even Poppo are scarcely right in calling the mid. fut. *usitatior."' Veitch, s. V. Kal tQv ttoXXwj'] Of course to be joined with virkp ttjs povXrjs: et populi, as Jerome Wolf and Kennedy; rather than maximae partis senatus, as Jurinus, Funkhaenel, Dindorf. §§ 40, 41. Archias also, a member of last year's senate, who poses as an honest man, loill probably intercede for Androtion. But you can ask him a few per- tinent questions. If he justifies the conduct of the senate, lohat becomes of his character for ho- nest]) ? if his advice was not lis- tened to, what can he say for his colleagues ? if he held his tongue, he connived at their proceed- ings. § 40. TOV XoXapyia] His deme was XoXapyos or XoXap- yia, of the tribe Acamantis. The names of the demotae occur much oftener than those of the demes, both in authors and in- scriptions : hence there is often an uncertainty about the latter. iirteLKT]] In Demosth. 'honest, well-principled, respectable,' c. Phorm. p. 915 § 30 IV iineLKeLs doKiSatv ehai. irepl ra avfji.^6Xai.a, Lacrit. p. 925 § 7 oiofxeyos elvai einetKeLS dudpujirovs Kal oXol irep irpoaeiroLovvTo Kal ^(paaau eXvai: in both these instances of com- mercial honesty. Theocrin. p. 1343 § 66 €Tri€iKTJ do^av ^xw;/ ire- XevTTjo-ev of general respectabi- lity. In Plato still more inde- terminate, simply = a7a^os, as I have noted on Protag. 336 d. Adv. ivLeiKus 'tolerably,' both p. 606.] nAPANOMflN. OF THE '.B epelv avroi<;. iyco 8' olfiaL Belv" coBl Wp^LOv, ipcordu avrbv ravra, a Karyyopi l3ov\rj<;, TroTep* avrcp So/cel koXco^ ^X^^^ V fcaKO)'?' Kav p^ev (j)f} fcaXS<;, p^rjfcerc rov vovv c6<; eTTLeiKel 6o6 wpoae'X'^iV, av 3e KaKw<;, ri Br) ravr eia ^dafccov 41 67ri€LKrj<; elvaL, iraXtv avrov ipcordre. Kav p^ev iv- avria Xeyetv (j)fj, p^rjSiva S' avTM ireiOecrdaL, aroirov Stjttov vvv Xeyeiv virep ttj^; ra peXriara ov')(l ireido- pLevT]^ eavTM ^ovXrjf;' dv he CTLcoTrdv, ttco? ov/c ddc/cel, el irapov e^apaprdveiv p,eXKovTa<; diroTpeireLv rovro pLev ovK eiroiei^ vvv he \eyeiv ToXpLO, co? hel Tov<i Tocravra KaKcL elpyaapievov^ (TTe^avdocrac ; Olpbai Toivvv avTov ovh^ eKelvcov dcpe^eaOac rwv Xoycov, ore ravra iravr avrcp Bed rd<; el(r7rpd^et<; yeyovev, a? virep vpuwv oXlyov^ elcrirpd^aL ^rjaei iroWd ')(pr)pbar dvaiBS<; ov rc6evra<;. Kal Karijyop^- ^ add vfias Z Bekk. 42 in Plato and the Orators, Shil- leto, de F. L. p. 450 § 340^ 392. detu (t>Si TTWS cLKoijeLv 'Apxiov] * You ought, I think, when you hear Archias, to do something of this sort.' Dindorf and Ben- seler here follow S in omitting vficis, which even the Zurich editors retain. ^puToiv . . . epwrarc] The con- struction changed for the sake of variety: see above § 86. The argument is ingenious but so- phistical : the charges against the senate (& KaT-qyopr^raL ttjs ^ovXrjs) are assumed as proved. § 41. eVam'a Xiye^p] Of course an imperfect infinitive, though Funkhaenel goes out of his way to deny the fact: cf. § 25. The reading dvTiKiyeLv has slight MS. authority, but is preferred by Cobet, Nov. Led. p. 523, and is certainly neater. MENANTIAEFEIN passes ea- sily into MENENANTIAAE- PEI^. §§ 42 — 46. As a last argu- ment, Androtion will represent himself as a martyr to public spirit. He had charged himself with the unpopular task of col- lecting arrears of property tax : hence all this has come upon him. If you convict him, he loill argue, nobody ivho does not like it need pay taxes at all. But reflect, first, that this is not the question which you are sworn to try : and secondly, that the paltry amount of seven ta- lents that he has recovered for you is nothing compared with the question whether the laws are to be in force. § 42. dXiyovs . . .TToWa xpTyyuara] oXiyovs, for which Jerome Wolf 48 KATA ANAPOXmNOS [§§43—45. aei TOVTcov, irpajfia paSiov, olfiai, Bi,a7rpa^d/jL6vo<i, Twv fjurj TtdevTCOV ra? €l<7(f)opa<;, Kau cfyrjaec iracrav dBetav ea-eadai, rod /jli^ TiSevai ra? €l(r(f>opd<;, el 43 KaTaylrr)(l)Le2<Td6 avTov\ v/Ji6L<; B\ (o dvBp6<; ^A6r)- valoiy TrpooTov jxev i/celvo evOvp^elcrOe^ '6ti, ov irepl TOVTCOV BcKaaeLV o/nco/JbOKaTe, dXK' el KaTo, toi)9 v6- fjLovfi TO yfrri(j)cafjLa elireu, el6* otl TrdvBecvov eaTc, fcaTTjyoptav Troiovfievov (o<; dBiKovai Ttve^; ttjv ttoXiVj avTov d^Lovv wv dBcKel fieLl^ovwv 6vt(ov /jltj Bovvat Blktjv' TToXij yap Br]7rov fjuel^ov eaT dBLKr]/j,a ypd(j)6cv 44 irapd T0V<i vofiov^ rj ttjv elacpopdv /jLtj Tcdivai. otl TOLvvv ovB^ el <^avepw<; e/iieWeu d\6vT0<; tovtov /jb7]Bel<; elcroLaeiv fJurjB^ edeXrjaeiv elaTvpdTTeiv, ovB^ o'vtco^ diro-ylrrjcj^LCTTioVj eV TcovBe yvodcreade. vpXv irapd Td<^ el(r(f>opd<i ra? diro ^avacvl/coVf Trap to-o)? ToXavTa * KaTa\l/rj^ieT(rd€ avrov Z. KaTa\pr}(pt€'iad^ avrov Bens. proposed ipiovs, is not said in own heart as a contemner of disparagement of A.'s services, the MSS. : but in the present as G. H. Schaefer imagined : case I believe them to be right. for Benseler rightly points out &d€iav...Tou /xri rtdifai] ' im- ■ that the words are put into his punity for non-payment ' of the own mouth (cpTJaei). The argu- property-tax. In Timocr. § 31 ment that a few rich and un- ddeiov tov firi tl iradeHv arjdes y scrupulous men were not asham- deivov there is a different shade ed to withhold large sums due of meaning; ddeia is referred to to the public, and to persecute the penalty, not the offence, him for compelling them to ' exemption from unpleasant or disgorge, A. thought likely to serious consequences.' For the weigh with an Athenian jury, legal sense of aSeia, 'a vote of always ready to suspect oli- the people promising indem- garchical insolence. Hence also nity,' see Dicf. ^w%. s. v. TTpajfia f)45iov. §43. iroLvheivov ... Kar-qyopiav 5ta7rpa|d/A€J'os] Dobree cor- iroioTJixevov... avrov ol^lovv] 'it is rect85ta7rpaTT6/iej'os and brackets monstrous in onewho complains Twv fi-q TidhTwv ras ela^opds. of others wronging the state to Cobet, who approves of both expect to escape punishment changes, remarks on Dindorf s himself.' neglect of Dobree, ' quo nemo § 44. Tropa rds ela^opas rds melior Demostheni interpres et dtro "NavaLviKov] ' Upon all the emendator obtigit.' Dobree is, [property] taxes from the time of course, a man after Cobet's of Nausinicus,' K. rightly. Uapd p. 607.] nAPANOMaN. 49 TpcaKoaca rj ficKpo) irXeio), eWet/xfJua^ rerrapa koI BeKa earl raXavra, wv enra^ ovro^ elaeirpa^ev, iyco 607 Be rldij/jLf, (iiravra. iirl fxev Brj roi)? eKovra^; TL06VTa<i ov Belade ^A.vBpoTicovo*;, iirl Be rov'i iWeLirovrafi. 45 earo roivvv Vjuv vvvl orKe-Kreov el toctovtov rcfidade rrjv TToXcrelav koL tov^ Keipuevov^i v6p.ov<i kol to evopKelv' el yap airo'ylrrjcpielcrde tovtov ^avepw^; outco ® iXKelfxfjLaTa Z Bens, cwn libris praeter k. . ^ ewTa ToKavTa Z Bens, cum 2T0krs. express-es proportion, — ' accord- ing to,' Jelf § 636, iii. k. quot- ing Lept. p. 467 § 32 irapd rat TpiaKOirra fiupLaSas 8l8(j)(nv v/juv fjtvpiovs [ledijivovs, ^ on every 300,000 bushels gives you 10,000 ' [Demosth.] Erot. p. 1402 § 4 irapa roiis xp^f^^^'o^^ '''^ ir\iL<TTov SiaWaTTovTO}!', '(cir- cumstances) differing according to the use made of them.' Thu- cyd. VIII. 29. 2 irapd irlvre vavs is however wrongly referred to this head, and translated ' for every five ships'; the meaning is within five ships, i.e. allow- ing pay for five ships over, 60 when there were really only ^6. (Classen's acute handling of this difiicult passage is well worth study.) The archonship of Nausinicus falls B.C. 378—7 (the Athenian year beginning in July) at the breaking out of the war called in § 15 'the last war with the La- cedaemonians.' The el(r(popd was then remodelled and the crvn/xo- plat introduced for the first time. Boeckh treats this subject at great length in P. E. book iv. chs. vii. — ix. : the results are given more clearly, as well as concisely, in Blct. Antiq. s.v. Eisphora. Compare also Grote ch. 77 (vii. p. 100 ff.). Schoe- mann, AnticL. p. 457 f. The W. D. present passage is discussed by Grote, in opposition to Boeckh, in an excellent note (vii. p. 102 ed. 1862). Boeckh thought that the whole 300 talents here mentioned were levied in the single year of Nausinicus' ar- chonship: this looks, as Grote observes, as if he adopted the reading iirl 'SavcnvlKov (Taylor's conjecture, approved by Eeiske). Grote on the other hand gives good reasons for his opinion that ' a total sum of 300 talents or thereabouts, had been levied (or called for) by all the various property taxes imposed from the archonship of Nausinicus down to the date of the speech,' a period of about 23 years. This, it must be added, is the only admissible rendering of dirS. iyoj 8^ Tidrjixi diravra] ' I will assume however that he levied the whole.' In Timocr. § 162, where the argument is precisely similar, the amount of arrears collected by Androtion and his associates {ovtol, including Ti- mocrates himself) is reduced to five talents. § 45. el TocrotjTOV rifidade] ' Whether you value the consti- tution and the established laws and the observance of your oaths at this (miserable) price of 7 or even 14 talents.' 50 KATA ANAPOTinNOS [§§45—47. wapa TOi)? vofiovi elprjKoro^i, habere irda-L ra '^ptjfMara Tavra dvrl tcov vojulcov koX ttJv 6VopKLa<; yprjaOai. a ovS" av el irap' eavrov hoir) rt? vjuv, Xa^elv d^iov^ 46 ^rj tI ye €<f> a> erepov^ elarTrpciTTetv. waO^ orav Tavra Xeyrj, fii/ivrjaOe rwv opKcop Kal ttjv ypatfyrjv ev- OvfjbelaOe, ore vvv ov irepX irpd^eco^i ela^opoov earlv, dX}C el Bel KvpLov<^ elvao tou? v6/ulov<;. Kal irepl TOVTCdV fjueVf ov TpoTTOv vjjLd<; aTrayayoov diro rov vo/JLOv irapaicpoveaOai ^7]T}](Teo, Kal d 7rp6<; Tav0* a ou5' a.v et] i.e. a ou5' av a^Lov [elrj) \a^eiv, ei k.t.X. An elliptical construction common with Koiv et, Coairep dv et. Comp. on Protag. 328 a. Trap' eavTov] 'out of his own pocket' (§ 48), an allusion to the iirtddaeis or voluntary contribu- tions with which the necessities of the state were met in times of pressure. For these see Boeckh, P. E. book iv. ch. 17, or Diet. Antiq. s. v. Epidoseis, where examples are given. The most striking instance is perhaps that of Demosthenes himself, who besides other liturgies (like the choregia well known through the Speech against Midias) ' gave on different occasions three tri- remes, and also at one time eight talents, to which he afterwards added three more for the build- ing of the walls, one talent after the battle of Chaeroneia, and another for the purchase of corn.' Boeckh, p. 587. Besides this, his ransoming of Athenian prisoners in Macedonia is no- ticed with complacency by him- self, de Fals. Leg. p. 394 §§ 169, 170 ( = 186, 187 E. S.): with ridicule by Aeschines, de F. L. §100. fXTj ri ye] Sc. e^ dolrj, *much less, assuredly, on condition of collecting it from others.' For this use of fxr] ti, generally fol- lowed by ye and often also by dri, see Jelf Synt. % 762, Madvig Synt. § 212. The principle is the same as that of ovx on, /x-q 6ti, i.e. ov Xe7w 6ti, /xtj X^ye (Xiyeip) oTu The phrase recurs § 53 extr. de F. L. p. 383 § 137 = 150. § 46. Trepl Trpd^ews el(X(f)opCov\ 'the question is not about the exaction of property taxes,' for which he used elairpa^is, etV- irpaTTeiv above. So in a avyypa- <prj or agreement ap. Demosth. Lacrit. p. 926 § 12 ^orw ^ Trpa^ts Tois 5av€i(Ta(TL ' it shall be lawful for the lenders to levy the amount by execution : ' Dionysodor. p. 1296 § 45 TTJif de Trpa^iv eTvai Kal i^ evos Kal i^ aixcpoiv, 'the bor- rowers shall be jointly and se- verally liable.' airb ToO vd/nov] The law 'de senatucoronando :' Funkhaenel, Benseler. vpos ravd'] 'in reply to this:' 'when he urges these points,' E.W. §§ 47 — 78. Second main divi- sion of the speech. Androtion's assumed line of defence has now been disposed of, and the orator proceeds to an arraignment of his whole political career. Al- p. 607.] nAPANOMXlK 51 Vfid^i fjLVTf/jLOV€vovTa9 fJ'V iiriTpeiretv irpoa-rjKei, iroWa Xijetv e^cov en, koL ravO* Uava eTvai vo/jll^wu, idaco. 47 ^ovXofiac Be koI rd irdkLrevfJuaTa i^erdaai, rov Kokov Kdya6ov tovtov, Bl* wv ovk ecrO^ o ri tcou Betvordrcov iWiiroyu^ (pavijaerai' kol yap dpaiSPj Kol Opaavv Kol /cXiirTrjv kol v7r€pij(f)avov /cal irdvra /jbdXXov rj iv BrjfiOKpaTLa iroXiTeveaOat, iiTLT^Beiov ovT avTov Bel^co\ kol TrpojTov fjuev, e^ cS fjiiyiarov <j)pove2, TTJv Toov '^p7]fj,dT(ov ecaTTpa^LV i^erdacofjuev g iWeiwuv Z Bekk. Bens, cum SFTfistv. ^ dirodei^oj Z Bekk. cum Frt. most the whole of these sections is repeated in the Timocrates : and they fall naturally into two subordinate divisions, (i) The collection of arrears due to the state, for which he takes credit as a public benefactor, was really a display of brutality and dis- honesty worthy of the worst times of oligarchical oppression (§§ 47—68); (ii) and the rest of his acts are of a piece with it, especially his treatment of the sacred utensils. By melting down the golden crowns pre- sented to the state, and recasting them as paterae or cups, he not only obliterated inscriptions commemorative of the glories of Athens, and the gratitude of our allies, but opened the door to the grossest fraud and waste of the precious metal (§§ 69 — 78). §§ 47 — 50. I icill prove him to have stopped short of nothing that is atrocious : that by his shameless robberies and his over- bearing conduct he is anything but Jit to be a statesman in a de- mocracy. Witness his treatment of Euctemon, ivhom he falsely accused of retaining balances due to you, got you to depose him from the office of collector to which he had been chosen by lot, and crept into his place — with what object you will soon see. § 47. TO. ■TToXiTeOfMara — ro&rov] 'to examine the political conduct of this worthy fellow ' K. or ' hon- ourable man,' koXos Koyadbs as in § 32. It has been remarked (on § 23) that cross-examination was little known at Athens : hence, probably, the free resort to the dia^oXri tov irpoauirov as the Scholiast calls it, or abuse of the other side. Cicero's in- vectives against Gabinius and Piso, the consuls who allowed him to be banished, are well- known examples of the Koman Hcense in public speaking. Com- pared with 'cross-examination to character,' pushed to the lengths it has lately been in English courts, the ancient prac- tice may be pronounced the milder form of torture. Kal TTpCyrov ixkv'\ This passage, ending with eh to 8eap.wTrjpLov eXKeaduL in the middle of § 56, is repeated with a few verbal alterations in Timocr. §§ 160 — 168. 4—2 52 K ATA AN APOTinNOS [§§ 47, 48. avTov, fxr] Tjj TovTov 7rpoae^ovT€<; aXa^oveia rov vovv, aWa to Trpdyfjua, olov yiyope rfj aX/qOeia, (tko- 48 iTOvvre'^. ovTO<i ^vfcrijfiova (j>7](ra(; ra? vfjLeT6pa<; 6')(^eLV ela(^opa<;, koL tovt i^eXej^eiv rj irap eavrov Kara- OrjaeLV v7roG-^6fjLevo<;^, KaraXvaa^ ^^rj^iapiaTL kXt)- 60S * uTTocrxo/tej'os am. Z cumpr. S. Ita Cob. Misc. Cnt. pp. 524, 531. § 48. Trap' iavroO KaTa6i!]cr€tv] An appeal to the cupidity of his hearers which was not Hkely to fail of its object, especially in those times. With all their dread of a-vKocpavTia, and hatred of the person of the informer, the Athenians were ready to listen to any proposal which promised to fill the public treasury, so large a portion of which, under the forms of the 5t.Ka<TTiK6v, deia- piKbv, and /j.i(t06s eKKXrjaLaariKds, flowed into their own pockets. Whether it was a charge of malversation against a high of- ficial, or of concealment of pro- perty to the most trifling amount against a state debtor of the poorer class, they were ready to receive any statement of claim {airoypacpTj) which might lead to tines and confiscations. The speech against Nicostratus af- fords a good illustration of the latter class : cf. Diet. Antiq. s. v. d-jroypafp-q. The extreme severity of the Athenian laws against any usurpation of the privileges of a citizen by the arc/xoi, or by aliens, whether ^^foi or /x^tolkoi, had a like origin. Hence also the jealousy with which the lists of its citizens were revised by the members of each deme. The strongest case on record appears to be that of Pyrrhus, a member of the noble family of the Eteo- butadae, who was prosecuted by ^pdeL^LS for acting as a dicast when under disfranchisement, and actually put to death, though the crime was committed under stress of poverty (Demosth. Mid. p. 573 § 182). The sovereign peo- ple, a democracy within itself, was a close corporation as re- garded outsiders, and ' the fewer the better cheer ' was one of its ruling principles. And like many tyrants recorded in history, it treated informers as favourites who were to be first encouraged in oppression on condition of sharing their gains, and then squeezed dry, with much show of virtuous indignation and the reality of a double profit. On this weak side of the Athenian character C. K. Kennedy has some good remarks, Diet. Antiq. s. V. Sycophantes. The tendency to encourage prosecutions was likely to be at its height when the revenue was at its lowest: and the period of the 105th and 106th Olympiads (B.C. 360—353), within which this speech falls, was that of the greatest impoverishment of the Athenian treasury (Boeckh, P. E. p. 435). To this period be- long the remodelling of the tri- erarchy in 358, by which the smaller fry no longer escaped through the meshes of the fi- nancial net : and the law of Lep- tines about 357-6 (opposed, un- successfully as it would seem, by Demosthenes in his great speech), which for the sake of an insignificant increase of p. 608.] nAPANOMnN. 63 p(OT7]v ap'^Tjv iirl rfj 7rpoj>aaei ravrr) eVl ttjv eXcnrpa- ^iv irapeSv. Brjfirjyopla'^ S' iirl TovroL<i iroLovfievo';, co^ eari rpcoov aipecn^^, rj ra iropLizela KaraKOTneuv ^ add vfuv Bekk, cum libris praeter pr. S. revenue abolished exemptions to which the public faith was pledged, KaraXvcras \}/7}<piafjiaTi K\ripu}Tr]v oLpxw^ Explained already on TO Trap' vfiQv dSt/cws iKTreaetv § 1 n. The kKtjputt} dpxv is that of iK\oye6s, as to which there is but little information. The word iKXoyeiis appears to occur among classical writers only in a frag- ment of Lysias (Keiske's Index, not in L. and S.) : but it is noticed by Harpocration and Suidas, and the equivalent phrase ol eKKiyovres occurs c. Timocr. §§ 40, 144, ol elairpdr' Tovres c. Polycl. p. 1209 § 10. The €K\oyeh are probably to be distinguished from the 8iaypa- 0e?s, who kept the lists analo- gous to our rate-books ; and from the iTn.ypa<p€?i or assessors (if the latter name was not rather confined to the tribute from the allies, and had nothing to do with internal taxation). It ap- pears from the grammarians that there were various kinds of ixXoye^s or collectors : (1) extra- ordinary, appointed when the tribute {(p6pos) fell into arrears, to supplement the action of the Hellenotamiae, its regular admi- nistrators : these were taken from the richer classes, and could not, therefore, have been a kXtjpcjttj dpxv (Boeckh, P. E. p. 156-7): (2) ordinary, who collected the el<T<papa under the i]y€/j.6v€s tQiv o-v/jLfiopLujv (Westermann ap. Pauly, s. V. iKXoye'is). It was doubtless an office of the latter class, open to all fully enfran- chised citizens by lot, without reference to the amount of their property, that Euctemon held. It is impossible not to agree with Prof. Mahaffy {Social Life in Greece, passim) as to the proneness of the Greeks, not ex- cepting the Athenians, to dis- honesty and especially to the embezzlement of public money: see further, notes on Timocr. §§ 79, 193. In the absence of property qualification implied by a KK-rjpwTTi apxri the safeguards against this were (1) as in mo- dern times, the giving of se- curity : ol iyy vivfievot are joined with oi iK\4yovTes Timocr. II. cc. : (2) the readiness of the Athe- nians to inflict capital punish- ment for slight offences against property, not tempered (as in England in the early part of the present century) by any reluct- ance on the part of juries to convict. irap^dv] So de Cor. p. 252 § 79 eKeivoi els TleKoirbwrfcrov irapedveTo, Philip ' was trying to creep into the Peloponnese, ' establish a footing there. Aes- chin. Ctes. § 37 tolovtov idos TrapadidvKev els ttjv vfiQu ttoXi- ' Teiav. TpiCbv atpeais'] The ' three courses ' offered by Androtiou to the choice of the Athenians are to break up (and melt down) the sacred plate, to have a new el(T(f>opd, or to demand payment of those in arrear. With roi/s dcpeiXovras supply ras elacpopas understood from ela(f)ipeiv : the double accusative is expressed 54 KATA ANAPOXmNOS [§§ 48—52. 7] iraXiv el(T(j)epeLV rj roi)? 6(f)6lXovTa<; elairpdrreiVy 49 alpovfiivcov €Ik6tco<; vjjlwv Tov<i 6^6L\ovTa<; ela-irpar- T6iVj TaL<; v7rocr^e<T€ai Kare')(a>Vy kol Slo, tov Kaipov 09 V^ TOT e')(wv i^ovalav, tol<; fiev K6Cfi€voi<; v6/jlol<; irepl TOVTcov ovk w€to Belv ')(^p7]adaL ovS^, el jxr) rov- Tov<^ ii'OfjLC^ev iKavov^, eTepov^ TuGevai, yjrrjcpiafjbaTa 3' ecTrev iv v/jllv Betva fcal Trapdvofjua, Sl Sv i^pyoXd/Set Kol TToWd Twv vfjueTepoyv k€k\o(J)6, tov^ epSefca ypd- 50 i/ra9 aKoXovBelv fieO* iavrov. elr' €)(^a)v tovtov<; rj^ev eirl ra? twv itoXltwv oiKia^;. kol tov fiev ^vKTtjfjbova, ov elairpd^eiv rj KaTadr^aeiv avTo<; e^r] ra? el(T(^opd<;^ ovhev ei')(ev e\ey)(eiv irepl tovtcoVj v/jid^ 8' etVe- TTpaTTev, waTrep ov hid tyjv l^vKT'^fjLovo^ e^Opav eVl 51 TavTa i\0(ov, dWd Bid tyjv vpieTepav, koX fMrjBel^ in § 50. — Uo/xirela, vessels car- ried in the procession [irofxTrj) at the Panathenaea : hence in § 74 the goddess herself is said to have been despoiled. The building in which they were kept was called Tronweiov : it was used for other purposes, c. Phorm. p. 918 § 39. This passage is enough to prove, if other proof were want- ing, that the ela^opa was an ex- traordinary contribution levied art irregular intervals : it sup- ports, therefore, Grote's- expla- nation of the TpicLKoaia raXavra § 44, as against the notions that they were either (1) levied in one year or (2) spread over the whole 23 years. § 42- rovs dcpeiXovras ei<nrp^T- reij'] t6 toi>s Cobet here and 11 Timocr. Tttis i;7rocrx^Cf<J'i /car^x'^''] ^• translates somewhat vaguely 'as he had won you by his promises.' /carexwj' is rather 'holding you down ' and so ' under his thumb,' completely in his power, ready to follow his dictation, much like 5l eavrQv elxov § 38. 5ta rbv Kaipov] ' because of the crisis,' circumstances of the . time ; doubtless referring to the Social War (see note on last section). TjpyoXd^ei . Ke/cXo0e] 'he made a job for himself and has largely planderedyou' K. Eather'made jobs.' The imperfect expresses the continuous character of the frauds upon which A. fattened. Toiii ^udeKa ypd\pai] ' putting in a clause that the Eleven should accompany him ' implied a coercion bill of a very stringent character : ' ut qui non solveret, statimin vincula daretur,' Funk- haenel. Cf. Diet. Aiitiq. s. v. Hendeca. §§ 51 — 55. From the case of Euctemon the orator passes to the general character of An- • drotion's exactions, expanding the brief statement in § 47 that his conduct was unworthy of a p. 608.] HAPANOMnN. 55 VTToXafi^avero) fxe Xeyecv «? ov XPV^ ela-irpcLTreLv Tou? 6(f)6l\ovTa<;. XP^^ J^P- aWd tto)? ; c«59 6 v6fJL0<; K€\ev6i, Twv aXXcov eve/ca' tovto yap icrrt BrjfiOTLKOv. ov yap roaovrov, w aVSpe? ^AOrjvatoi, Toaovrcjv ^p?7/^aT<»z/ tovtov tov rpoirov elcnrpa- xPevTODv (a<f)€Xr](r6e, oaov ii^'qfjLlciXTOe tolovtwv iOwv et? Tr)v TToXiTeiav ela-ayofievcov. el yap iOeXotr^ i^erda-ac tlvo^ eveKa jmuWov dv Ti<i eXoiro ev BrjfjLOKpaTLa ^fjv rj ev oXtyapxio.i tovt dv evpocre Trpox^t'poraTOVy ore irdvra irpaojep earlv ev Stj/jLO- 52 Kparla. ore fjuev tolvvv t^9 ottov ^ovXeaOe 6X1- 609 yapx^ci'* ovTo<; da-eXyearepo'i yeyove, irapaXeLyfrcD* » idiXer Z Beldc. Bens. diXer STflrs. democratic statesman. On the contrary it recalls the days of the Thirty^ the worst in Athenian history: or rather A. surpassed them in brutality, and treated free citizens worse than slaves. § 51. ws ov xPnA * tlia-^ Pay- ment ought not to have been ex- acted.' K. omits to mark the tense. The speaker is obhged to argue that the habitual prac- tice of the sovereign people must be right in the main, how- ever much one may criticise it in detail. rCiv dWwv 'iveKa\ ' for the good of the rest ' : ' of the community in general, not of any particular individual who might happen to be interested,' E. W. Benseler alone takes dXXoiv as neuter, ' on all other accounts.' Cobet 3fisc. Grit. p. 524 writes : ' Quid sit autem rCiv aXXwv ^veKa neque intelligo neque emendare pos- sum.' roa-oiroov xpT^/^dTCjj'] The argu- ment of § 45 is repeated : and roaoirtav is * such paltry sums,' tantula summa, G. H. Schaefer. § 52. aaeXyearepos] In the orators aceXyris, originally per- haps ' untamed ' {diXyia), is ap- plied to 'outrageous' conduct in general, either in the direction of (1) brutality, or (2) licentious- ness, the usual meaning in later Greek, as in the N. T. For (1) we have Auct. iv. Phil, p. 131 § 2 ■^ fxkv ovv da^Xyeia koX irXeove- ^ia, rj Trpbs diravras dvOpdiirovs ^fXtTTTos xpT7rat. Mid. p. 521 § 19 TO. pikv ovv els ifi^ Kai rods (fivX^ras ijaeXy7)ii.€va of the be- haviour of Midiasin the theatre : ib. p. 534 § 60 of others more_ scrupulous than Midias diras ni UKvei TTJs dceXydas TavT7]s avro- X^ip 6(pdrjvaL ytyvoixevos. Hyperid. pro Euxen. col. 39, 7 ^iXoKparrj TOU 'Ayvoixnof, 6s dpaavrara Kai dcreXyt^aTara r^ TroXiTeig. /cex/JT/rai For (2) II. Olynth. p. 23 § 19 ovs ivddde irdvTes dirriXavvou ds ttoXi) Tiov davfiaroTTOLCov dffeXyearepovs ovras, KaXXlav eKelvov rbv Srjfid- (XLOV Kai TOIOVTOVS dpdpUTTOVS, /dfxovs yeXolcov Kai Toirjras al- 56 RATA ANAPOTinNOS [§§ 52—54. dWd Trap' i^/jllv Trore irccirore BeLvorara iv rfj iroKei fyefyovev ; eVl twv TpiaKovra, iravre^; dv etiroLTe. Tore TOLVvv, co<; ea-nv aKoveiv, ovhel^ ecmv oorrt? direaTepelro tov acoOrjvai, ocrri^ eavrov olkol Kpv~ -y^ELev, dXkd tovto KaTr)yopovp.€V rwv TptaKovra, ori Toi)? CK T^9 djopd,<; dBUco(; dirr'jryov. ovro^;^ rolvvv roaavT7}v V7rep^6\r)v eTTOirjaaro eKeivcov ttJ? avrov p8€\vpLa<; oo(Tr iv Brj/jLOKparla 'jroXtrevo/jL.evo'!; t^v Ihlav OLKiav eKaarcp Bea-fiayT'^pLov KaOicTTrj, tov? 53 evBeKa dycov eVl ra? olKia<^. KalroL, « dvBp€<; AOrj- valoL, TL oceade, ottot dv6pw7ro<^ irevri<^,\ rj koI irkov- (TLo<;, TToWd 8' dvr}\a)Kd)<; Kai tlv taco^ t^ottov el/coTco^ ovK evTTOpoou dpyvplovy rj riyo^ ce5? Tov<i yeirova^ vireppaivoi rj vttoBvolto vtto kXlvtjv virep tov fjurj to "» ovToal Z Bekk. (TxpiJ^v q.(T/xdTii}v K. T. X. Contr. Phorm. p. 958 § 45 ^tJs aaeXyiios dare roi^s aTraj'TcD^ras aladdve- ffdai. The former is evidently the meaning here. TTore TTciTTore] Cobet corrects 7r6re tQp TTuiroTe here and || Timocr. 163, comparing ib. § 16 j'6/xy TcD;' irdnroTe ev vfuu red^pToov atVxtcrr(^ Kal deivoTOLTif. The constructions are not really pa- rallel, and the addition of the article does not remove, but introduces a harshness. oi;5eis ^aTLv octtls direcrTepeiTO TOV ccjdTJvac] The misdeeds of the Thirty are here extenuated in order to set off those of Androtion. Lysias tells a dif- ferent tale, c, Eratosth. passim, and especially § 8 StaXajSovre? 5^ rots oiKias e^ddi^ou Kal i/Ji^ fxev ^ivovs ecTTiuvTa Kar^Xa^ov : cf. c. Agerat. §§ 35—38. In reality, the Thirty selected for their victims not merely the prominent democratic leaders, but any whose wealth tempted their rapacity. The constitu- tional maxim that ' an English- man's house is his castle ' was perhaps more strongly asserted in days when the real liberties of the people were less secure than now. I am not aware of any other passage in the Orators where the same asser- tion is made as to the Athenian law. T0(Ta6rr]u virep^oK'qv — j85eXu- plas] The sense of this is plain : = TO<TovTou vTrepe^aXe rrj avrov pSeXvpig. rr]v eKelvwv. The con- struction has been felt as a difficulty, and no precisely simi- lar passage has been adduced: it may be said that iKelvwv is gen. after the compound of virep, ^deXvpias after the noun virep- ^oX-qv, p. 609.] HAPANOMnN. 57 aw^jua aXov<; et? ro Becr/jucorripiov eX/ceaOai, rj dWa da-'^TjfjbovoLTj, a BovXwVj ovk iXevOepcov iarlv epya, KoX ravO* virb rrjf; avrov yvvaiKO^ cpcpro ttoloov, rjv ft)9 i\ev66po<i r]yyvr]GaTO Kal rrj^ TToXecog ttoXlttj^;, 6 he Tovrcov aLTco<; ^AvBpoTicov clt}, ou ovS* vTrep avTov SiKrjv XafMJSdvetv ia rd ireirpa^fieva kol ySe- S4 ^tcofieva, fi7J rl y virep rrj^ TroXeo)?; Kairoi, et rt? epoLTO^ avrov, rd^; elG-(j>opd<^ irorepov rd KTTjfiara rj ra aoofjuara o^eiXec, rd Krrjfiara (fiTjaeiev dvj elrrep d\7]6rj \eyecv PovXoiro ' drro ydp rovrcov elcrcjiipofjiev. rivo^ ovv €U€Ka d(f)eh rd rd '^wpla Brj/JLevecv koI rd<i OLKiaf; Kol ravr diroypd^eiv, eSet? koI vPpi^e<^ ttoXl- ra<; dvOpcoirov^; kol rov<; raXaiTraopov^ fieroLvov;, ot? v^picrrcKcorepov t) roL<; oliceraL<^ rol^ cravrov Ke^pr]- " ?poir' Bens. § 53. rb (Tiofxa] * Additum est, ne aXoi>s sensu judicial! in- telligatur.' G. H. Schaefer : i. e. d\oi)s means simply * caught,' not ' convicted.' This note of Schaefer's answers by antici- pation Cobet's proposal to strike out t6 aoj/jia. 97 dXXa dcrxTj/iovofT;] 'or com- mit other improprieties' K. It is rather, 'or be otherwise hu- miliated,' seen in an undignified plight; not what he does, but the unseemliness of his situa- tion. Tiyyvrja-aTo] The distinction of iyyvav and iyyvSiadaL is brought out in Lex ap. De- mosth. II. Steph. p. 1134 § 18 7]v dv iyyvrjarj iwl diKaioLS Sd- fiapra eluai rj Trarrip rj dSeX^os 6 flow (XT cop compared with c. Eubul. p. 1311 § 41 eyyvaraL 6 TraTTjp T7JV flTJT^pa TT]V ifJ.7]V irapa toO adeXipov avrrjs. ov8' virkp a\iTov'\ If he were artuos, as he deserves to be, his mouth would be shut : he would have no locus standi before the courts. § 54. ^Tfixeieiv ...airoypa^avl 'sequestrating lands and houses, and scheduling them ' [' seques- tering ' K. somewhat oddly for a lawyer]. Diet. Antiq. s. v. Apo- graphe, and § 48 n. v^picTTiKLOTepov 7] TOLs olKirais] 'Even more marked than this abandonment of arms was the strong feeling about v^pis, as they called it, about personal violence, which they would not allow even towards slaves... Hence any man, whether con- cerned [interested ?] in the out- rage or not, was allowed to prosecute the offender.' Ma- haffy's Social Life in Greece, ed. 3, p. 390: where further illus- trations are given from Aeschin. Timarch. § 17, Isocr. c. Lochit. (Or. 20, passim), Demosth. c. Nicostr. p. 1251 § 16, and the tract on the Athenian Polity 58 KATA ANAPOTinNOS [§§ 55, 56, 55 aac; xal fjbrjv el ideXoLre^ aKe-^aaOat tl BovXov rj 6lO iXevOepov elvai Siacfyepec, tovto fieycarTov av evpoire, on TOL<; fjuev Sov\ot<; to awfia rcou dBcKtjfjidTCOv airav- Twv VTTevBvvov iari, Tol<i B' eXevOepoL^, kolv tol puk- yicTTa drv^waiv^, tovto y eveaTi acoa-at' eh ')(^pr,pbaTa yap Trfv^ Bl/crjv irepX T(Ov irXeicrTwv irapa tovtcov irpoarjKeu Xapb^aveuv. 6 Be TovvavTiov eh tol acofiaTa, 56 &(Tirep avBpairoBoL^, eTTOirjcraTo^ Ta<; TLp.copLa<;. ovtco o idiXere Z Bens. diXere B. p fi^yiara Tvx<^(nv aSiKovvres Bekk. Illud STfis. <i rrv om, Bens., cum SATiikrs. ' iiroie'iTo Z Bekk. Bens, cum 2r, (in Xenophon's works, c, i. § 10). The statement of Demo- sthenes (Mid. p. 529 § 46) that a v^peojs ypa(f>7j protected the persons of slaves as well as of freemen, is probably to be un- derstood with limitation to the particular kind of v^pis referred to by Aeschines Lc. Compare Diet. Antiq. s.v. Hybreos Gra- phs. For the darker side of the treatment of slaves, see Prof. Mahaffy's work, p. 243. § 55. Koiv TO, }x.iyi<TTa krvxQxTiv^ A much better reading than ixk- •yiara tvx^<^'-v a^iKovpres, but it should be written, with Ben- seler and Cobet, fi^yLO-r^ drv- Xdx^i-v. The hiatus of a before a is intolerable. Like the eu- phemistic use of 'wanted' and ' being in trouble ' by our police- men and others, drvx^iv had special reference at Athens to aTLfxia. A passage in Mid. p. 533 §§ 58 — 60 is interesting for the feeling it displays on this point. Demosthenes first apo- logises for naming men in public and alluding to their misfortunes: TrapaiTTiaofiaL 6* vfias fx-qhh dxO((^Ow"-'' f^^h ^dv eirl aviKpopats tivwv yeyovoTOJv oyofxaaTl fivr]<rdQ, where Butt- mann notes ' iirl av/x(popa7s yeyo- v6t€s sunt -QTi/xrjfx^voL ' [lic should have said -fjTi/jiojfievoi.]. He then mentions the cases of Sannio a chorus trainer {ovtos dcrrpa- reias rfKw Kai K^XPW^'- (TVfKpopq.. TOVTOV ixerd rijv drvxt-o-v rav- TTjv...) and Aristides a member of a chorus who had once been its coryphaeus (t^tux^kw? tl kuI OVTOS TOLovTov). It appear s that the rival Choregi might legally have objected to the employ- ment of these men :' and they were strongly tempted to do so, for, as Demosth. observes, if you deprive it of its leader the rest of the chorus is ruined (ol'^erai). But they refrained from pressing their objection, involving, as it would have done, the arrest of the defendants: partly, no doubt, from humanity, but chiefly, as Demosth. insists, from regard to the sacred character of the festival : they thus serve to point a moral against Midias, who was no choregus engaged in an expensive and jealous contest, but a private man. Compare below § 2 Tas idias avfxtpopds dveidi^eiv Kal Trpocp^peiv 6Kd(XT(^. Timocr. §§ 132, 200. §§ 56—58. Though the son p. 610.] nAPANOMIlN. 59 S' alcT'X^pcti^ Kol 7r\€0V€KTiKm ea'xe irpo^ vfjLd<; Sare Tov fjL6V eavTOV irarepa (pero Selv, Bij/noo-la SeOevra iirl ')(^prj ixaa Lv iv tS ^€(T[jLWTr]pi(p, fir^Te airohovra Tavra fjur^re KpiOevra CLTTohpavaL, tcov 3' aXXcov ttoXl- ra>v TOV jjurf Bwafjuevov ra eavrov OelvaL oXKoOev el^ TO Seo-fMcorriptov eXxeaOac. elr eVl tovtol'^, w? otcovv e^ov iavToj iroielv, ^cvcotttjv irpoarjve'xvpa^e kol ^a- of a man who had hroJcen prison and escaped the payment of his just debts, Androtion does not hesitate to bring false and cruel cMrges of indebtedness to the state against innocent persons. § 56. The rhetorical anti- thesis here is extremely well worked out, and shows the early maturity of deLvorrjs in the young orator. Androu, the father of Androtion (1) escapes from a prison (2) in which he has actually been incarcerated (3) by public authority, dtj/moaiq, be- dhra (4) for debts really due to the treasury [eirl xPW°-<^i- sc. KoivoLS, supplied by Heiske). Androtion (1) drags to a prison "(2) from their own homes (3) without authority (4) people who have not the means of paying what they never owed {to. iavTo'v explained by fiijb^v 6(peL\6vT(jjv below). It is implied, on the one hand, that it is worse to break prison than to escape from custody before one has reached the prison (hence iv t<^ Ze(7fxu}TT}pl(^ is added to dedivra) : on the other, that dragging men from their homes {oiKoOev) is worse than mere unlawful de- tention. Compare Quintilian's analysis (viii. 4, § 8) of the way in which Cicero heightens the effect in ii. Phil. 25 § 63: Per Be deforme, vel non in coetu, vomere : in coetu, etiam non populi: populi, etiam non Ro- mani: vel, si nullum negotium gereret : vel, si non publicum: vel, si non magister equitum. (^ero de7v...dTro8pavaL] 'allow- ed to escape ' K. But the words need not imply that A. had either assisted or connived at the es- cape; they may mean merely that the son of a man who had escaped from prison might be expected to show some feeling for prisoners. On (pero delv, § 32 n. firjre aTroS6vTa...fji,riT€ KpiOePTo] There were two lawful modes of terminating his imprisonment: by paying the claim without dis- puting it, or by standing his trial and obtaining an acquittal. Andron chose neither. The first extract from this passage in the Timocrates ends with this sen- tence ; e\K€a6ac is there expanded into dxdifTa v(f>^ eavrov 8edi- cdai. Trpoo-Tjvex'^pci.t^] In Timocr. § 197 these oppressive proceedings are further described; Androtion, and his associate Timocrates, distrain upon the fixtures, fur- niture, and slaves of their vic- tims: jULTjdeva ttwttot eXerjaai, aWa 6vpas dcpatpe?]/ Kal ffrpuiixad^ virocrirav Kal diaKOUov, y tls expV' TO, ravTTjv evexypo-^^Lv. The usage of evexvpd^eLv (the compound trpoaevex- occurs only here) ap- pears to vary between (1) the 60 KATA ANAPOTmNOS [§§ 57—59. 57 voaTpaTr}v, avOpwirov^ Tropva^, ov fievroi^ 6<^ei\ovaa^ €la<f)Opa<^. KaiTOL el' riatv apa SoKOVcnv iirLTtjBeLaL iKelvat TraOeiv, oKXa to Trpayp^d ye ov/c iTnrijSeLov rylyvecrOaL, rrfKucovro nva^ ^povecv Bui Kaipbv wcrre ^aSi^etv iir OL/CLa<i fcal o-Kevrj (f>ep6Lv [Jbr]hev c(j)et\6v- ^ /xivToi ye S Bekk. iihroi y Bens. ace. of the person distrained upon, and (2) the ace. of the property seized. In the passage just cited from the Timocrates it is clearly the latter: i} dtdKovos must be a female slave who is part of the property. So in Aeschin. Ctes. § 21 ipexvpd^ei 6 vofiod^Trjs rds ovcrias ras tQv VTrevdvviov, ews av \6yov diroSua-c TV Tr6\€L. In Mid. p. 518 § 10 /*?; i^etvai ixrfTe evexvpdaai ii-qre Xaii- pdveiv erepov eripov, and c. Everg. p. 1163 § 79 el 5' efxol lopyiadrjTe OTL evexvpdcrwv rjKdov eirl ttjv ol- Kiav TOO Qeo(p-qp.ov, the construc- tion is (apparently) absolute: *to take pledges,' not 'to take in pledge.' In the present pas- sage K. is unquestionably right in giving (1) as the meaning, *he distrained upon Sinope and Phanostrata, women of the town certainly, but not owing any property-tax.' Had they been slaves, seized in payment of a state demand, the hardship (ac- cording to Athenian notions) would have been upon their master, not themselves. dvOpdoirovs TTopvas] The fem. 7} dudpcjTTos, like the conventional English use of 'a person' for one who does not rank as a 'lady,' is applied to women of the lower classes generally, whe- ther bond or free. L. and S. remark that it is used 'con- temptuously, of female slaves.' In reality the expression implies pity quite as often as contempt, and as it is not noticed in the index to Demosthenes, it may be worth while to cite some pas- sages where it is certainly ap- plied (as here) to free persons. In Dem. de Fals.Leg.pp. 402—3 §§ 197—8 ( = 218, 220 R. S.) the victim of the outrage of which Demosth. (falsely it would seem) accuses Aeschines is called rj drdpwTTos: yet she was a respect- able married woman, ekevd^pav Kol (Tibcppova § 196, the wife of Aristophanes of Olynthus, Aes- chin. de F. L. § 154. Again the fx^ToiKos whom Aristogiton cru- elly tried to sell as a slave, but who was proved to be free, is ?; dvdpwiros I. Aristogit. p. 787 § 57. § 57. TraBe^v] absolutely, ' fit to be harshly treated.' The aorist is used, as he is speaking of this particular case; in the next sentence the application is general, and he says Trdax^i-v. rrjXiKovTo tlpols (ppovelv did Kai- pbv] 'that persons should be so insolent upon opportunity of- fered:' because of the opportu- nity which tempted them to vio- lence. <XKeijr} <f)ipeiv] would generally mean 'to carry baggage,' for which Xenophon's usual word is (TKevocpopelv : the context shows that the sense here is to ' carry away furniture,' of which aTpu}- fjiaO' vTTocnrdu Timocr. I. c. is a particular instance. y X^^ OF THE ' P. 611.] HAPANOMnN. (( U F I "V^E RSI! Twv dvOpctiTTWv. TToWd 'yap dv ti9 ^'ot)i^x^^^W«i«sT3 >^\i €TTiTr]SeLov<; ovra<;^ Trdar'^^eiv koX ireirovOevaL. ^^^S ^^r-fl^J*-^ — ^^ ravra Xeyovatv ol vofMOb ovhe rd t^? iroXiTeLa'^ eOrjy a (jivXaKTeov vfilv dXX' euea-Tiv eXeo?, avyyvwijurjy 58 irdvO' oaa irpoarfKet, toI^ iXevdepoL^, wv ovto^ aTTavTcov €ik6tco<; ov fMeri^^et rrj (pvaec ovSe rrj TTai- Sela' TToXXd yap v/Spia-TaL /cal TrpoireTrrjXdKicrTaL <tvv(jov ovk dyaTTwcriv avTov" dv6pa)7roi<;, dXXd Bovpac 61 fjLLadou Svvafievoof;' wv irpoarjKe aou rrjv opyrjv ovk eh Toov TToXiTcov Tov Tvj^^ovTa d(l)C6vaL ovB^ ei? TO.? 6/j,oTe'^vov(; 'jropva^, d\X^ ei? tov tovtov tov Tpoirov ere 6pe^\ravTa. 59 Tai)Ta TOLVvv w? /Mev ov Becvd koL irapd irdvTa^ TOV<i vofjLov; ov^ e^ec Xeyeiv ovto<;' ovtco 6' ecrTLv dvaiBrj'i waT ev Tea Sij/iKp, rrpodywva'i del iciTaaKevd- ^(ov avTU> TrjaSe 7^9 ypa^rj^, eToXfJua Xeyeiv co^ virep vficov Kol Si v/jbd<i e-)(6pov<; e'^' eavTov eiXfcvae Kal * om. Bern, cum STi^rs. " avrbv S Bekk. Bens, cum 2T12rs. § 58. rns ofiorexfovs iropvas] larger sum for the navy estimates^ Whatever we may think of the incurred no unpopularity, as he good taste of this passage, there gave no offence by his manner of can be no question as to its Set- levying it. The jury, if by their voTTjs — telling force of expression. verdict they shield from punish- It is difficult to agree with Cobet ment such callousness and dis- {Misc. Grit. p. 525) that this dei- honesty as Androtion's, will he voTrjs is improved by the omis- thought to resemble him. sion of iropvas. § 59. irpoaywvas del Kura- §§59 — 64. Restatement and (r/feua^wj/] ' striving always to an- expansion of the argument in ticipate his defence to this in- § 42, as to the cause of Andro- dictment, he dared repeatedly tion's unpopularity. It is not, {eroX/na) to say,' &c. Modern as he pretends, because lie has edd. accent the word irpodywv, discharged an invidious duty in the older Tr/aoayw;'. The Scholiast a patriotic spirit: but because he Ulpian explains: UpoayQpes elai * added insult to injury^ in his XoyoLoiTrpoevrpeTri^ovres'^fuu tQv mode of collecting the tax. And diKaarQ;/ ttji/ clkotji/' 070;;' yap rj the proof by contrary is, that Kpi<Ti.s, Satyrus, who collected a much 62 KATA ANAPOXmNOS [§§ 59— G2. vvv ev Tot? ea')(^aTOL^ ecnl KivBvvoi<;. eyco B' vfilv, w avSpe'^ ^ K6r]vaL0L, ^ovXofJbai hel^ai tovtov ovre ireirovOora ovB' otcovv kukop ovre /jbeWovra Tracr^eiz/ ovBev Bo' (av VTrep VfMWv eirpa^e, Bia jievTou rrjv avrov PBekvpiav Kol 6eoLae')(6piav Treirovdora jjuev fJie^pv TTJaBe Trjf; '^/j>6pa<; ovBev, Treio-ofievov B\ av rd BUaia 60 iroLrjTe v/jLeL<;. (TKe-^aade yap coBL tl iroO* vfjuiv ovTO<i vTrea-')(^eTo kol tl iroielv avrov i'^ecporovyo-ad^ vfiel^i ; '^(^prjixaTa elaTrpcLTTetv. aWo Be Trpo? tovtco rl iroielv ; ovBe ev. (j)epe Brj Kad^ e/caarov v7ro/jUV7]cra) rrjv eXcnrpa^Lv v^a<^. ovto<^ elaeirpa^e AeTrrlvyv tov €K KotX?;? rerrapa^ kol rpcdKovra Bpa'^fjidf;, koI Seo^evov tov 'AXcoTreKrjOev Bpa')(^/jLd<; e/SBo/jLiJKovra KOI fJLLKpOV Tt 7rp6<!, KOl TOV l^VCJyypGV YLaXKLKpCLTTJV KoX TOV TeXearov veaviaKov' ov/c e')((o jdp Tovvojia elirelv' cr')(eB6v Be 7rdvTa<^, oO? eiaeirpa^ev, Xva jirj KaO' eKao-TOV Xeyco, ovk olB' el Tiva virep fjLvdv 6(f)eL- 6eoL<yex0plo.v] The various certain. In a naval inscription readings show that MS. S in Boeckh pp. 377 — 8, mention has here almost alone escaped is made of this Leptines in con- interpolation. It is proper to nexion with his heir, who was write deoh ex^pos as two words, among the trierarchs about b.c. deoicrexdpia as one, like koXos 345 — 342; Aeirrivov e/c KoiXrjs Kayadbs but KoXoKayadia: Cobet, ' Oi^o/JLaKXijs 'EKaXyjOev. Nov. Led. p. 394, Sandys on jxiKpov tl tt/jos] G. H. Schaefer Isocr. Paneg. § 79. The word compares for this phrase i. Phil, being a rare one, -exdp^cLu was p. 47 § 28 raXavra evevrjKovra Kal confused with the adj. ixdpdv, ixLKpov tl wpos: and for tov TeX^- and alaxpoK^pSeLuv supplied to (ttov veavlaKov, Plat. Gorg. 418 e make sense: cf. Timocr. § 195. tov UvpiXd/inrovs veaviav. The In Aristoph. Vesp. 418 deoicrex- amounts levied from Calhcrates Oplav, variously corrupted in son of Eupherus (or Euphemus) the MSS., was first restored by and 'the young son of Telestus' Bentley, according to Dindorf ; are not mentioned, after him by Dobree Advers. i. ei Tiva vir^p p.vav'] Boeckh 198. P. E. p. 531 has some remarks § 60. AeTTTlvTjv Thv iK Koi\r]$] on the number of persons re- "Whether this was the Leptines quired to make up Androtion's against whose law Demosth. seven talents by such small con- made his famous speech is un- tributions:andE.W.aptlypoints p. 612.] HAPANOMnN. 63 6 1 Xovra. irorep' ovv oleaOe rovrcov eKaarov fiLaeiV Kal TToXefjuetu avTu> Sm ttjv ela^opdv ravryVy 'rj top 6l2 fjL€V avTcov, ore Trdvrcov gkovovtcov vficov iv tw B^fim SovXov e(j)7) Kal i/c BovXcov elvai Kal TrpoaijKetv avrco TO 6KT0V IJLepO<^ el(T<^ep6tV flSTa TU)V fJL€TOLKCOV, TW Bc^ 7ralSa<; e'/c Tropvrjs elvai, tov Be tov iraTepa yracprj- Kevat, TOV Se Trjv fxrjTepa ireTropvevaOat,, tov he 0.770- ypd<peiv oaa v(j)ei\eTO ef dpXV^> '^^^ ^^ "^^ Betva, TOP Be ojuLov pTjrd Kal dpprjTa KaKa, e^rj'^ ciTravTa^ ; 62 iyco fiep yap olS* oti 7rdpT€<;, eh oi)? i7rapa>P7jo-ev * 5' oTi Bens, aim libris. Illud e coni. Reiskii. out that oXiyovs in § 42 may be inaccurately used by Demosth. in his wish to disparage the ser- vices of Androtion. § 61. t6v fi^v avrdv, ori] The construction is changed, as Ken- nedy observes in a note, and in- dicates by the turn given to the sentence in his translation : in- stead of rip d^ Traidas... elyaL we should have expected toj' 5^, on i(f>7}...dvaL. 'Or rather for dif- ferent reasons : one, because he said — another he declared had children.' t6 eKTOv /jjpos eicr(f)epeLv\ The el(r<popa was of the nature of a graduated property (not income) tax ; and the division into classes and corresponding rates of tax- ation have been made out with great probability by Boeckh P. E. p. 619: cf. Diet. Antiq. s. v. Eisphora. First class, above twelve talents, one-fifth reckon- ed as taxable; second, six to twelve talents, one-sixth; third, two to six talents, one-eighth; fourth, 25 minae to two talents, one-tenth. If, as appears from the present passage, the resident aliens returned uniformly, like citizens of the second class, a sixth part of their property as taxable, the poorer class es among them would be much more hea- vily rated than citizens of equal fortune. Very few aliens, it is probable, could have possessed a first class property, and so have gained by this arrangement. e^ dpxni\ The older critics and translators understood this of the plunder of 'office:' G. H. Schaefer first saw that it simply meant ' from the begin- ning' of his career, and has been universally followed. TOV 5^ TO delva] 'another he said this and that about ; ano- ther he abused by wholesale; and so on with all. ' K. Compare de Cor. p. 268 § 122 ^oq.s prrra Kal appTjTa ovofxd^ojv, dawep i^ a/xd^r]s, Mid. p. 540 § 79 tt^v fXTj- T^pa Koiixk Kal wdvras i]fj,as priTO, Kal apprp-a /ca/cct e^eiirov. On certain abusive terms expressly denounced as 'actionable,' see Diet. Antiq. s.v. Aporrheta. § 62. et's ous ewapi^vTjaevI * a- gainst whom he so intemperate- ly conducted himself.' K. pre- serving the metaphor. Demosth. says below T-y aavroO ir poTreTelq. kolI 6pa<TvT7]Tc. We need not 64 KATA ANAPOTiriNOS [§§ 62—64. ovTO<;, TTJv jJLev ela^opav €Ka(rTO<; ava^Kolov dvakwjJia vTreXdfijSavev elvai, roiavra^ S* drifiaadeh koI irpo- irrfkatciaOel^ ')(^[ikeiTw^ ivt,vo')(ev. KaKeluo olBa. ore '^TjfiaTa elaTTpcLTTeLV rovrov e')(eipoTovr}aa6^ vfiec^;, ov)(l Ta9 ZS/a? (7vp.<fiopd<^ oveihl^eiv ical 7rpo<^epeLV eKaarw. elre yap riaav dX7]6eh, ou aol prjTeac (TToWd yap T^pLcov e/caarof; ov')(^ w<; ^ovkerat irpdrTet)' eXre firj TrpoarjKova-a^; KaTea-Keva^€<i, ttoS? oi}% oriovv 63 dv 7rdOoc<i BiKalcD<; ; €tl tolvvv iic rovK dKpi^earepov yvwaeaOe otl paaeZ tovtov eKaaro^; ov Scd ttjv elairpa^LVy dX)C vnrep wv v^plcrOrj Kal iirapayvrjOr). Xdrvpof; yap 6 rcov vecoplcov iirifjLeXrjrrj^; 01)^ eTrrd rdXavra ela-eTrpa^ev vfilv, dWd rerrapa Kal rptd- y ravra Z Bekk. Bens, cum 2Ti2ra". think of actual intoxication : Mr Paley observes on c. Conon. p. 1257 § 4 ' Trdpoivos and irapoc- velv mean, not to be intoxicated,' but ' to be abusive over one's cups:' and here, it may be added, apply to violence like that of a man in his cups, though not alcoholic in its origin. Mr San- dys on Isocr. Demon. § 30 and on Demosth. c. Conon. I. c. points out, in correction of Lid- dell and Scott, that Trapoiveiv is never used transitively in the active voice {irapoLveLv ets Tiva, not irapoiveLv tlvo) : but like many other intransitive verbs it has a passive. So in the next section we find v^piadrj koL iva- P'j:vrj6r} : and in de Fals. Leg. p! 403 § 198 = 220 diruAer &»/ Trapot.vovfj.iur), ' the victim of his drunken frolic' E. S. XprjfJiara eiairpdrTeLv tovtov ex^ipoTovficrad^ v/neis] =tva XPV' /.lara ela-irpdTToi. Donalds. Gr. p. 598. ehe yap r}<xav dXrjdets, ov aol prjTiai] ' The greater the truth the greater the libel' was a maxim of English law until Lord Campbell's Act of 1843. * Sect. 6 of that Act allows, on an indictment or information for a defamatory libel, a plea that it was true and that its publication was for the public benefit,' P. Vernon Smith, English Inst. p. 64. TToXXd . . . TT/sarret] ' fares in many respects,' intransitive. Not to be confused with TroXXa iroLeiv, or with the phrase TroXXa ■n-pdTTeiv 'to be a busybody.' § 63. 6 TU)v veojpiiou eVf/ieX?;- TTjs] Diet. Antiq. s.v. Epime- letae, no. 5. The duty of the iTTLfxeXrjTal in relation to the aK€V7}, 'tackling' or 'naval stores ' generally , is well brought out in [Demosth.] c. Everg. et Mnesib. p. 1145 §§ 20—22 espe- cially ddbvLa Kal aTvirirela Kal axoivia, oh KaTaaKevd^eTaL Tpi- ■npTjs. p. 613] HAPANOMnN. 65 Kovra Tov<; avTOv<; tovtov<; dvOpooTTOV^, ef cov irape- OrjKe TO, (TKevrj Tal<; €K7r\€V<raaat<; vava-lv' koX ovr €K€lvo<; Bed ravra ovBiva i')(6p6v avTM cpija-iv elvai, 0VT6 Toov €l(Tirpa')(^devT(i)v ovBel^ €K6lvw 7ro\efjL6t. elKOTCd^;' 6 fiev jdp to Trpoareray/Jbevov, olfiai, Bce- TTpaTTero, <rv Be rrj aavrov irpoTrereia kov OpaavTTjri Xa/Soou i^ovalav ttoXV dvrjXcoKora^; €l<; rr/v TToXtz/ 613 dvdpc6iTov<; Kol aov /SeXr/of? Kal i/c ^ekrtovwv yjrev- Be(TL Kal ')(aXe7rol<i ovelBecriv (juov Beiv irepiSdXKeiv. 64 elra ravO" ovroi TreiaOwa-LV virep avTwv ae irotelv^ Kal Ta rrjf; o-fj<; dvataOrjcria^ Kal 7rov7]pLa<; epya id) avTOv<; dfaBe^covrai 'j dWd jjucaelv BiKatorepov Bid ravrd ae o^eiXovcrtv rj aoo^ecv. rov ydp vTrep irdkeco'^ TTpdrrovrd tl Bel to TJ79 TroXeo)? 77^09 fiLjJLela-OaL, kov^ aoo^ecv vfiiv tou? tolovtov<;, (w dvBpe^ W.drjvaLoi, irpoa- 7JK6L, Kal fiia-elv tov<; oloaTrep^ ovto<;. w? eKelvo ^ Kal St; Z Bekk. Bens, cum Zfi. * oiovffTrep Z Bens, cum 2FT v. not. peXrlovs Kal iK ^eXridvuv] ' of is preferred on internal grounds better character and better fa- by Cobet, Misc. Grit. p. 526. mily.' So in Herod, ii. 143 § 5 (ru^eiv] ' support, protect, TLipujfjLiv iK UipufiLos is * a man countenance :' here opposed to and the son of a man,' as op- fiiaeiv, more usually to avoWv- posed to god or hero. Aristoph. fat. * The form with t <j-<{5f<«;, Eq. 185 — 6 fxuv iK koXwv el ko,- thoroughly discussed by Usener yadQv; AA. /jlol tovs deovs \ el in Fleckeisen's Jalirh. 1865, p. ^t?; V 7roi'77/3wi' 7' : where I observe 238 f., is established by the that Dindorf omits to credit Heraclean Tables (fcareo-^fayctes Elmsley with the correction el Stud. iv. 428), by Attic inscrip- firj '/c for eiix' ^k of the MSS. tions of a very early date and § 64. avaiadrjaia^ Kal ttovt}- by grammarians. Of course pias] * take upon themselves <T(^^ei.v can only have come from (make themselves responsible am^w.'' Curtius, Gk. Verb, p. for) the acts of your callousness 523, E. T. In other words, and dishonesty : dvaio-dTjaias re- o-wfoj is formed from adj. awos ferring to his insults, trovrjpla^ (in the best Attic <rc5s, Timocr. to his unjust exactions. K. § 106 n.) like Kadapt^co from Ka- Bomewhat loosely translates dapbs, <7w<ppovi^(i3 from aioKppwv. ' wickedness and brutality,' The toi>s oTocrirep ovtos] The best reading dvaiaxwrlas has not MSS., rightly followed by the found favour vsith the editors, but Zurich editors, Benseler, and W. D. 5 66 RATA ANAPOTiriNOS [§§ 65, 66. elSoa-i jiev X(T(o<^, '6fia)^ he epco' ottolov; nva^; av (fyalvrjade ayairoovTe<; koX <7(o^ovt€<;, tovtol^ o/jlolol B6^€T elvai. 65 "Otl Toivvv oX&)9 ovhe rrjv elairpa^iv avrrjv virep vjMwv TreTTOirjraiy koX tovto avriKa 8rj jxaka vjjlIv BfjXou^ TTOLTjcrco. €L yap Ti,<; epoiro avrov irorepoL avTO) SoKOvaiv ahiKelv fxaXXop rrjv ttoXlv, ol yecop- yovvre^ Koi (f>eiB6fi€voi, 3ia 7raiBoTpo^La<i Be koL OLKela dvaXcofiara koI \eiTovpjia<; eTepa<; eWeXoL- ^ fxdX i]fjuy drjXov Bens. ftaXa 8rj\ov vf-uv 7i Bekk. Cobet, Var. Led. p. 551, Misc. Grit. p. 526, preserve the at- traction of otov<nrcp = TOLovTovi oloairep. Compare § 77 ou5' ot- OLffTrep ai> xpw/tei/ot av/x^oOXoLS, with the parallel passage of the Timocrates § 185. In the last instance the case is even strong- er : all MSS. exhibit ohiffirep, which Bekker (followed by Din- dorf ) corrected as though it were a solecism. G. H. Schaefer, who bad defended this attrac- tion in his notes on Bos' El- lipses, writes here ' Nondum poenitet ilia scripsisse, etsi meum mecum Dindorfium dis- sensisse vidi.' §§ 65—78. The remainder of the speech, with the exception of a paragraph or two, is repeated in Timocr. §§ 172—186. §§ 65—68. His pretence of public spirit is easily exposed : for while levying arrears of taxes on men for whose shortcomings there was often the excuse of in- ability to pay, he has done no- thing, in a long political career^ for the repression of much more serious offences. The public treasury has been robbed of much larger sums, the contributions of our allies and of those who pay their taxes readily. Many ge- nerals and oratoi's have been brought to justice for these 'pecu- lations : you, Androtion, never took your place as the accuser of any of these, never expressed in- dignation at the way the state was being fleeced. The fact is (here the speaker again turns to the jury) that Androtion, and men like him, are accomplices with such offenders and share largely in their illicit gains. He is one of that class of delin- quents himself: he has treated you with contempt, in fact worse than slaves. Now is your op- portunity to make an example of him. § 65. avTLKa dr) fidXa] The strengthening of avrlKa either by Stj or fidXa is common both in Plato and the Orators. The doubly emphatic avriKa 87} fidXa occurs also Timocr. §§ 32, 172, 208, I. Aristog. p. 778 § 29 : and it appears from Shilleto's Annot. Grit, on de Fals. Leg. p. 346 § 18 that there is good MS. au- thority for the phrase in at least two or three other passages where it has not yet found its way into the printed texts. Cf. on Timocr. § 111. p. 613.] nAPANOMIlN. 67 7roT6<; ela-^opav, rj ol tol to>v iOeXrjo-duTcov ela-eveyKelp ')(pr]fA,aTa Kav ra irapa twv <rvfifid)^cov KKeirTovTe'i ical diroWvvTe^, ovk dv et? tovto T6\fi7j<; Brjirov^, Kalirep cov dvaiBrj^;, eXOou coo-re ^rjaai, Tov<i rd eavrwv [xr) €l(T^epovTa<; fidXKov dBiKetv ^ rov^; rd KOLvd v^aipov- 66 fjLevov<;. tlvo<; ovp eveKa, do ^SeXvpe, ircov ovrcov TrXecopcov rj rpcdKovra d^^ ov av TroXirevety koX iv TOVTCp To3 XP0V(d TTOXXcOV fl€V (TTpaTljywV TjBc/CrjKOTCOV rrjv ttoXlv, TToXXdov Be prjTopcov, oc irapd rovroial <= brrirov ToXfiTjs Z Bekk. Illud 2. ol Tot Tuv ideXrjadi^Toov. . .Kkiw- rovres koI airoWivTes] K.'s ren- dering, * those who plunder your allies and destroy the means of people willing to pay the tax,' contains several inaccuracies. It should rather be * those who plunder and waste the money of people who have readilypaidtheir property-tax, and that which comes from the allies.' There is, I think, no reference to the levying of requisitions or other ways of forcible extortion: the money embezzled is that which has already come into the trea- sury, not that which is ' fructi- fying in the pockets' of the people: and it comes from two main sources, the property-tax (et(r0opa) paid by the citizens and the tribute {(pSpos) paid by the allies. tQu ideX-qcravrwv elffeveyKeiv means simply those who are not in arrear, opposed to iWeXoLTOTCS. § 66. TToWQv jxkv (TTparriyCjv ...iroWQv 5k prjTopujv] The most conspicuous example of an ora- tor so prosecuted during the 30 years ending b. c. 355 is that of Callistratus, whose execution had taken place the year before, 356. He had been capitally condemned in 361 for his share in the loss of Oropus (366) : had gone into exile, but had ventured to return. The prosecutions of Timotheus (acquitted 373, con- victed and went into exile 358) and of Iphicrates (acquitted 358, but not afterwards employed) had deprived Athens of her best generals : at the close of the Social War (356—5) the com- mand was entrusted to the brave but incapable and profligate Chares. In commenting on one of these transactions Grote is rather too indulgent to 'the terrible difficulties which the Grecian generals now experience in procuring money from Athens (or from other cities in whose service they are acting) for pay- ment of their troops. . .and which will be found yet more painfully felt as we advance forward in the history' (ch. 77, vii. 182). The truth is more plainly stated by a writer in Diet. Biogr. s. v. Chares, who speaks of ' the miserable system then prevail- ing, when the citizens of Athens would neither fight their own battles nor pay the men who fought them, and her command- ers had to support their mer- cenaries as best they could.' It is, in fact, ' making war pay for 5—2 68 RATA ANAPOTiriNOS [§§67,68. KeKpLvrai, wv ol /jl€V reOvaa-LV e^' ol? rj^iKOvv, ol S' vTTO'x^cop^cravTe^^ (j)ev'yov(nv,ovS6v6<;7r(07roTei^r)Td(76r)(; Karijyopo';, ovS* dyavaKTcov a)(j)6r}<; virep wv rj 7r6Xi<; 614 'ird<T')(^oi^, ovTco^ wv dpaav^; kol Xiyeiv BeLvo^;, dX>J 67 evTavO* i(j>dv7]^ KrjSe/jLcov wv^, ov ae ttoXXot)? e8et KaKW'^ iTOiTJaaL ; ^ovXeaOe, w dvBp6<; " KOrjvaloL^ to Tovrav aiTLov iyco vjjblv clttco ; ore tovtcov^ fxev pL6Te')(^ei wv dBiKovcLV vfJLd<i TLve^i, diTo he roov elairparTOixevcov v(j)aLp€LTaL' Bl d7r\rj(TTiav Be rpoTTCOV Bi^oOev Kap- irovrai ttjv itoXiv. ovre yap paov iroXkol^ kol fxiKpd^ ^ dTox- Bens, cum SFTi)stv. ® iraaxoL solus Dind. v. not. ^ KTjdefxwv tJ/kZu wv Bekk. s v. not. ^ tA fiiKpa Bekk. Bens, cum S. /card /ut/c/joi Z cum Fkr. itself with considerably less success than in the case of the French revolutionary armies. ovdevos TTWTTOTe i^rjTaadrjs Karr}- yopos] Bekker inserts tovtwp from one MS. and the parallel passage in the Timocrates. Har- pocration : 'E^erd^eadai avri rod opaaffai, Arjfxoadivrjs /card Zrecfxx- VOV (p. 1121 § 66 (f)l\0TlfJ.01JfX€V0V i^erd^eadaL * to show oneself a man of public spirit ') Kal iv r^J KUT 'Ai'SpoTi'wz'os. He might have added irepl Tod'ZTe<pdvov : de Cor. p. 286 § 173 koL \iywv Kal ypd(f)U}v i^T]Ta^6ixr]v rd diovd^ virkp vfiwv, 'proved, found on inquiry : ' ib. p. 294 § 197 TovTO TreiroLTjKihs iirl Toh avfi^daiv e^rjraxraL. Other usages of e^erd^eLu are discussed by Mr Sandys on i. Steph. p. 1124 §76. Trdcrxot] MSS. irdax^i. 'Equi- dem malim 7rd(rxot' Bekk., which Dindorf has adopted without comment and quite unneces- sarily. The Attic writers by no means rigidly conform to the rules for the ' sequence of tenses :' Xenophon is perhaps the most regular. On the interphange of ind. and opt. in dependent sen- tences cf. Madvig, Synt. § 130, b : Goodwin, Moods and Tenses, § 70, 2 : and a note on Protag. 335 a. 6paavs Kal X^yeiv Secvos] § 25 n. Omitted in || Timocr. §67. 6TiToiiTuvfxh] The MSS. here show signs of interpolation from II Timocr., giving mostly the plurals ineT^x°^'^'-^ ■ • -vcpaipoOv- TaL...KapirovvTaL: and Benseler cuts matters short by reading Twv fj.h iKpaipelrai and omitting the intervening words. Cobet, conservative for once, agrees with Dindorf's reading in the text, Misc. Crit. p. 532. ovre yap p^ov] ' For it is not more agreeable to quarrel with a large number of petty offenders than with a small number of great ones, and surely it is not more like a friend of the people to notice the crimes of the many than those of the few.' K. An- drotion therefore, if an honest man, might more naturally be expected to prosecute generals and orators than poor people in arrear with their taxes. p. 614.] HAPANOMnN. 69 oZtKovariv a'jTe')(6dvea6ai rj oXijoLf; koX fieyaXa, ovre SrjfioTiKcorepov B^ttov rd rcov iroXkwv dSiKr/fiaTa opdv rj ra rcou oXljcov. dWd tovt aiTiov ovyw Xeyca. Tcov fxev olSev eavrov ovra, roov dBtfcovvrcov, u/xa? 8' ovSepo^ d^Lovi r]yr\GaTo' Sco rovrov i-^prjaaro tov 68 TpOTTOv vfiLv. el yap avSpairoBcov TroXt?, dWd firj t(Sv dp')(eLv erepwv d^touvrcov cofioXoyetTe elvai, ovk dv, w dvhpe^ ^AdqvaiOL, ra? v^peL^ dvkcryeGQe ra? tovtov, d<; Kard rrjv dyopdv v^pL^ev, 6/jlov iieToUov^, ^A.6t)- vaiov^, Becov, dirdycov, ^occv ev ral^ eKicXrjcriat^, iirl TOV ^t]fiaTo<;, BovXov<; Kal Ik SovXcjv KaXoov avrov /3eXTtof9 Kol eic /SeXrcovcov, ipcorcov el fidrrjv to Se- CTfKOT^pCOV cpKohofiTJOrj. KaTa(f)aL7]v dv €70)76, €t 7' 6 7raT7]p 6 (70? ^X^'^^ avToOev avTal<; ireBai^ i^op^V^^^- Twv fiku oZSev] From here to the end of § 68 is not repeated in II Timocr., which begins again at 'AXXA VTf) Aia. § 68. (bno\oyetTe...ap^a-x^<^0€ ...v^pi^ev] Each of these tenses has its significance. 'If you (now) acknowledged. . .you would not have endured (in the past) the insults he (repeatedly) offer- ed.' Writing aviax^^^^ with a single augment is certainly de- ferring too much to the sole authority of MS. S: all the others retain the usual Attic form Tiv^ax^ade. 8iu}u] Cobet names this pas- sage {Nov. Led. pp. 528 — 9) as one of many where he corrects Swv &c. In Misc. Crit. p. 526 he repeats the correction with the remark ' Dicam de his formis alio loco,' apparently forgetting what he had said before. His rule could not be put more neatly than it is by Shilleto on Thucyd. i. 6, 3 ava5ovjj.evoL : ' d^u) (bind) and compounds invariably are contracted. Thus rb dovv (literal) is distinguished from TO 5^oj' (metaphorical).' In Plat. Crat. 419 a we have 8^ov Kal U}(f)i\tlxov Kal XvaireXovv Kal Kep- ddXeov contrasted with to de Uxov Kal 80VU ypeydixepov. lb. 421 C TO ibv Kal Tb peov Kal Tb douv. In Protag, 321 b the restoration of vTTodcou for vTb ttoSwi' has greatly improved the sense of the pas- sage. KaTa<f>alr]u dv ^7a;7e] ' Yes, I should say it was, when your father went dancing off with his fetters [rather, as E. W. , ' fetters and all'] at the procession of the Dionysia.' K. who adds in a note (from the scholiast Ul- pian) that 'at this time the prisoners were let out of gaol to enjoy themselves, and that An- drotion's father availed himself of the privilege to escape. ' In- stead of dirodpas, e^opx''7^^A'f''os is humorously substituted,, in allusion to the dancing at the festival (G. H. Schaefer). 70 KATA ANAPOTiriNOS [§§69,70. fi€VO<; ALovvaleov rfj iroixirfj. dXka he oaa v^piKev ovK av e-)(ot Ti,<i elirelv roa-avra to 7rX7J66<^ ecmv. wv aOpocov a^Lov Xa^ovra^ Slkijv rr/fiepov TrapaBecyfia TToirjo-at T0t9 a\Xot9, tV wai fxerpLwrepoL. 69 'AWa vrj Aia ravra fiev^ tocovt6<; iariv, ev 0*9 weTrokiTevTai, aXka 8' eaO' a KaXco<; Bia)K7}K6V' aWa^ TclXX ovTCi) irpoaekrjXvOe Trdvra 7rp6<i Vfjua^; oo<tt€ tjkl- 615 * fikv om. Z cum 2T(2s, sed in S fx^v ah antiqua manu additum, ^ aXKb. Koi Bens, cum Skr || Timocr. §§ 69—78. The melting down of the crowns, and recasting them as paterae, for which Androtion and his friend Timocrates are jointly responsible, is an act of gross fraud, since there was no proper control over tlie gold during the process (70, 71). And whereas the inscriptions upon tJiem commemorated the gratitude of our allies, or Athenian vic- tories (72), Androtion has ob- literated these and put his own disgusting name in their place (73). In so doing, he and his accomplice have committed three disgraceful crimes; the goddess they have sacrilegiously despoiled of her crowns : in the state tJiey have extinguished the glory accruing from those deeds, of which the crowns while they existed were a memorial : the dedicators they have robbed of no small honour, the credit of being grateful for obligations. And they take credit for all this (74). Again, A. lias the tasteless vulgarity not to see that crowns are a token of merit, gold plate in any other form a merely os- tentatious display of wealth (75). In his blindness he fails to per- ceive that the Athenian people have always preferred glory to riches : their splendour is dis- played in their temples and arsenals, not by the gold in their vaults. Their imperisliable treasures are the remembrance of their great deeds, a fame that will never die (76, 77). How completely you, the Athenians of to-day, have degenerated from your ancestors, is sufficiently proved by the fact that Androtion, of all people in the world,hasbeen chosen for a sacred function as re- pairer of the Panatlienaic vessels (78). § 69. 'AWd vr] Aia] Demos- thenes' favourite phrase in in- troducing a bit of irony. In Plato sometimes dX\a dij, Lat. at enim or simply at. roiovTos iffTLv] ToiovToi yeyova- aiv II Timocr. and so throughout with the change to plural forms. The general meaning of this opening sentence, with its ravra fih opposed to aWa 5^, is well brought out in K.'s free trans- lation : ' But perhaps, notwith- standing these political faults, there are other things which he has managed creditably.' Nay, on the contrary (dXXd)... ovTO} TrpoaeXrjXvde irdura irpos vfids] irpocxipxo/J.at is not here = irpo<Tcf>ipoixai ' to behave ' (G. H. Schaefer, Dindorf, Kennedy), but, as Shilleto points out on Fals. Leg. § 2, is equivalent to TreTro\LT€vrai in the preceding p. 615.] nAPANOMUN. 71 GTa ip 0I9 a/crjKoaTc a^Lo^ eVrt fiKTelaOai. tL yap jSovXeade elVo) ; ra TTO/jLireoa w? eireaKevaa-e, /cal ttjv rwv (TT€(f)dvcov KaOacpeacVy rj rrjv TuJv (f>ia\(ov 7roir)(rcv rrjv KaXrjv ; aXV eVt rovToi^i y\ el kol firfSev aXXo dBifcwv erv^e rrjp ttoXlv, Tpl<;, ov^ dira^ redvavau hiKaio^ (av (pavelrai,' koI yap lepocrvXia Kal da-e^ela Kol kXottij Kal irdai toI<; 8€ivoTdToi<i iarlv €vo^o<i, 70 rd fiev ovv iroXlC ^v Xiycov vfid^ e<f)evdKil^e irapa- Xelylrco' <f)^(7a<; Be diroppelv rd <j)vWa toov are(f)dv(ov sentence: his whole political life (Traira) is distinguished from a particular part of it (rouro). So in Fals. Leg. I. c. oaoi irpbt ra KOLvk dLKaiojs irpoa^pxovraL, and p. 373 § 99 = 114 eTreiScu/ rtj iavTov irdaas diivaadat irpoff^Xdy. Compare the Lat. ' ad rempub- licam accedere,' Cic. Eosc. Am. I. § 3, in Verr. Act. 11. i. 12 § 33. TJKiara kv ofs a.Ky\KO(tT{\ 'that what you have heard are the smallest grounds for detesting him.' k<^ oX% would certainly be better Greek, and accordingly Cobet Misc. Grit. p. 527 as- sumes that Demosth. must have written it so, here and in II Timocr. roi Trofxtreia ws ^TreaKevaae] § 48 n. eTTto-ffeyd^etJ' * to repair' (espe- cially to refit a ship, always distinguished from irapaaKeva- ^eiv to fit out originally) is eu- phemistically put for KaraKoirreLV 'to break up.' TT}v tQv (t)LaXu.v irolrjcnv rrfv «:aXi7i'] 'his famous manufacture of the plates ' K. : but only an approximate rendering of (f)ia\(2u is possible. For the broad, flat, saucer shape of the (pLokyj, see illustrations in Diet. Antiq. s. v. Patera. In modern works on art the word ' patera ' is generally left untranslated for want of an exact equivalent. In Rev. xvi. Luther's Schalen^ ' cups,' comes nearer to the origi- nal than the ' vials ' of the E. V. : and it is the word used by Benseler in translating Demos- thenes. In the Eevised Ver- sion 'bowls' is substituted for •vials:' and is perhaps the best word that could be used here. Tois 8ei.vora.TOLS iffriv ^yoxos^ ^voxos in the Orators, joined to a dative, means (1) 'liable to' a punishment, as de Fals. Leg. p. 404 § 201 = 223 rais apacs ivoxos : Lys. i. Alcib. § 9 irda-ait rais K€i/jL^vais ^ijixiais ^poxos : or (2) 'chargeable with, guilty of ' a crime, as here and Antiph. Or. I. § 11 ivoxot T(^ (l>6v(^. The instances quoted for a genitive seem to disappear on examina- tion : in Demosth. de Cor. Trierarch. p. 1229 § 4 ivoxot. de<xiJ.($ is now read, and in Lys. I. Alcib. § 5 ^voxos Xtirora^iov ovd^ SeiXias the dative may easily be supplied. § 70. (frqaas 5* airoppeXu to. ipvXXa] For Androtion to be able to allege this, however ab- surdly, some at least of the crowns could not have been of solid gold, but must have re- sembled the 'wreath' lately offered to an English Prime 72 KATA ANAPOXmNOS [§§71—73. Kol (TaTrpov^ elvau hua rov '^povov, coaTrep icov r) p6ho)v 6vTa<;, aXh! ov '^^pvaiov, avy^covevetv eireiaev. Kar €7rL jxev TaL<f elac^opah rov Btj/jLoctcov irapelvaL irpoae- jpayjrev a><; 3;}^ BUaio<^ a>v, wv 6Ka(TT0<; avriypacpev*; CfieWev eaeadai rcov elaeveyKOvrcoV iirl roh o-reipd- vot<; 8\ 01)9 KareKOTTTev, oi)-)(i Trpoarjya'ye ravro BiKatov TOVTO, aXK avTO<; prjroDp , '^(^pvcro'^oof}, rafjuiaf;, avri- 71 ypacpev^i yeyovev. koX fjLrjV el fiev airavr rj^Lou<;, oaa TTpaTTeL^ rfj Trokei, aavTat 'iricrTeveiv, ovk av oyLto/w? Kkeirrri'^ cSi/ i(j)0)p€o ' vvv 8' eVl raU ela^opal'^ o Bl- KaLov iaO' 6piaa<;, firj aol Triareveiv, aXXa tol<; eavrrj^; SovXoi<; TTjv TToXiv, oiroT aXXo n nrpcnrcov Kal XPV~ fjLara klvwv lepa, wv evia ouB' iirl tP}<; rjixerepa^ yevea^; avereOrj, p,rj 7rpocrrypa'\jrd/jL6vo<i rrjp avrrjv cj^vXaKrjv rjvirep iirl^ rwv €la-(f)opwv (jyaivec, ovk evByXov Bv a * «s ay Bens, cum ZTfis. °» 6 piJTiop Bens, cum 2. " ^v irepl Z Bekk. Bens, cum ZT. Minister and declined by Mm. § 38 that wherever there was a TOP drjfiSaLovirapeivanrpoa-^ypa- rafiias there was also an duTi- t^ej/] 'added a clause that the ypacpeds to check his accounts, public slave should be present,' Here Androtion carries a decree not 'officer' as K. We read that the crowns shall be melted, immediately afterwards, /x-f) aol superintends the process him- iria-TtveLv aXXa rots iavrijs douXois self, sends in what accounts he T^v TToXiv. The hrtixoaioL were pleases to the state, and allows employed, among other duties, no one else to check them. I as avTiypacfiels or checking- cannotthink, with Benseler, that clerks. Comp. de Fals. Leg. p. raixias because it stands alone 381 § 129 = 142 : Diet. Antiq. can only mean the State-trea- s. V. Demosii. surer or 'Chancellor of the Ex- ws S?) 5i/catos uv] Benseler chequer' (§ 35 w.). I understand alone follows 2 {auf alien it as raixias ad hoc: the humour Vieren) in the pointless reading of the passage lies in A. usurping av for h-q. The latter is here all these functions, not of course most appropriate. For the without some formal authority, readiness with which AN and but by procuring hasty votes of AH are confused, see Cobet the people which, when seen in ^ou.Leci. pp.501, 549. Another their true light, laid him open instance occurs Timocr. § 156. to a ypacprj irapavofxwv. Cf, § 76 prjTwp, x/"-'<^o%6os, rafi'iasy dv- Jin. ttoXlv ypdrpeis Karaxfj^veveLV. Tiypa<p€i/$} It was remarked on § 71. fir] irpoaypa^pdixevos... p. 616.] nAPANOMON. 73 72 rovT iiT o i7]a a^ ] iyco /juev olfiac. kol fjurjv, co avBpe^i ^AOrjvaLoi,, KOI Kara iravTo^ rov ')(^p6vov crKeyjracrde cw9 Ka\a KOL ^rjXcord iTrcypa/jL/jiara rrj<; ttoXco)? dveXoov «? daejBrj koX Becvd dvTeiTL'ye'ypa^ev. olpiai yap vfjbd<; a7ravTa<; opdv viro twv are<f)dvci)V raZs" ')(oiviici(Ti kcltco- 616 06V f^eypapbfjbeva " ol (Tv\xpjayoi tov Brjfiov duBpayaOia'; eveica kol BiKaLoavvr]^'' rj '' ol (Tv/jL/jia'^oi, dptcTTeLou rfj^ ^ AOrjvaia," rj Kara TroXet? " ol Beeves tov BrjjjLov, (T(o6evre<^ vivo rov Brjfxov!' oloz^ " EuySoet? eXevOepw- OevT6(; icrre^dvcoo-av^ rov Bfjfiov" [eTreyeypaiTTO ttou**], irdXiv *' K.ovcov diro Tr]<; vavixa')(^ia^ Trj<^ TTyOo? AaKeBai- (jLovlov^y Tocavra yap 'tjv rd rcov are^avcov eiri- 73 ypdfi/uLara. ravra fiev rolvvv, d ^rjXov ttoXvv el^e /cal (f)L\oTLfjb[av VfJLLV, rj(^dvi(TTaL KaOaipeOevrcov rdov <TT€(f)dvo)v ' €7rl Tat9 (pinXai^; S' a? dur eicelvwv eVot?;- aaro vplv 6 7r6pvo<; ovro^^, '^^AvBpoTLcovo<; eirijxeXov- ° T77 om. Bekk. cum S. p [effretpavwaav] Bens. ^ om. Z Bekk. Bens. ' 6 iropuos ovtos om. Z Cob. cum pr. 2. (/)ab€i.'\ Not 'you appear' but B.C. 376, alluded to § 15 above. * are found not to have intro- § 73. d ^Xoj/ — Kal <pi\oTifi[ap] duced the same safeguards.' 'which brought you so much § 21 n. admiration and honour.' I do § 72. xoi-vi-xi-'^'-] From the not think that 'emulation' (K.) resemblance of shape to the is here intended. Demosth. measure so called, the name says of his own crown, de Cor. XolvLKcs was applied to rings or p. 267 § 120 ovtu) (TKatbi el Kal shackles for the legs, as in avaiad-qTos, Alaxt-'^Vy <^<^t' ov Aristoph. Plut. 276 at Kvrifiai 5k dvvacrai Xoyiaaadai otl ti^ ixkv col jSouiaiv I 'Ioi> ioi>, ras xo'''"^'"^ arecpavovixiuuiTov avrbv'^X'^i-^TfKov Kal rets TT^das irodovaaL, and in 6 ar^^avos, Sirov aV dvapprfdrj, tov the scurrilous passage about the 5^ riou arecpavovvTuv ^veKa avfi- parents of Aeschines, de Cor. p. (p^povros ev ry dedrpcp ytyveTai. 270 § 129 xotVt/cas iraxeias ^x^^ rb K-qpvyixa: where the glory of Kal ^iiXov. Hence xot;'t/c^5es here the recipient and the emulation and II Timocr. are the rings which his rewards kindle are clearly served as stands for the crowns. contrasted, and ^rj\os is applied Kovuv diro TTJs vavfiaxl-as] The to the former. For <f)i\oTi/da battle of Cnidus, B.C. 394. nearly = Ttyu-)), below §§ 74, 75, II Timocr. adds Xa^pia<s dirb ttjs Timocr. § 91 iroWds (piXoripLlas iv Na^cj; vaufxaxtas, the battle in TrepiaipeLTat tt]s ToXeus. 74 KATA ANAPOTiaNOS [§§74,75. ^' fievov eTTOLijOrjcrav^" iirtyeypaTrTai' koI ov to at^fia r/raLprjKoToi; ovk iwaiv ol voybOL et? ra lepa elaievai,, TovTov Tovvofjua iv Tot9 lepol^ eirl rcov (fx.aXwv ye- ypa/jLfjLevov earlv. ojjlolov ye, ov yap ; rovro roU irpo- Tepoc<; iTTLypdfjbfiaa-iv, rj (piXoTLfiLav carjv e^ov v/jllv. 74 rpia^ roivvv eic tovtov rd Beivorar dv tl^ cBol ireirpa- yfiev avTol^;, rrju fjuev yap Oeov roi)? (TTe<f>dvov'^ aecrv- XtjKaaC T^9 TToXeo)? Be top ^rjXov ri<f>aviKaaL top iic Tcov epymvy (av VTTOjjLvrjfia rjaav 6vt€<; ol (TTe(j)avoi,' Toi)<; B* dvaOevTa^ Bo^av ov /jLiKpdv d^rjprjvTaL, to Bo- Kelu Sv dv ev Trddcoacv eOeXecv fiepLvrjadai. koX tol- avTa KoX ToaavTa to ttXtjOo'; KaKa elpyaafievoi eh TOvTO dfia dvaL(T6if]aLa<; koX T6Xfi7j<; TrpoeXrjXvOaatv waTe fie/jLvijvTai tovtcov (o<; KaXw^ avToh" BiMKrjfjuevcov, S<rd' 6 fiev oteTat Bo^ eKelvov v(\) vfjioov crcodi^aeaOaCj ' iiroirfdrjaav om. Z Bekk. Bens, il Timocr. * § 74 uncis incl. Bekk. ^ ai^rots Bens. kiroiiiOTiaav] Omitted in || Ti- (xxrre /xi/avriTai — 8c(pKr}fihu}v as mocr. and here, I think, better doubly spurious, an interpola- away. See various readings. tion of an interpolation : ware ofxoibv ye, ov yap ;] Tknocr. fiifxvrjuTat. was first written as a §§ 106, 181. dittographia of uiad' 6 iikv ote- § 74. Timocrates has not rat, 'deinde reliqua addita ob been mentioned in this speech, sensum.' though Androtion, who was tov ^rjXov...Tbv ck tuu ^pycou} doubtless a far more important ' The glory resulting from those person, figures largely in the actions, of which' &c., not 'an Timocratea. The sudden trans- emulation fostered by deeds.' ition to the plural is therefore, d6^av...T6 SoKeiu] For this it must be admitted, somewhat combination Funkhaenel com- awkward: and there is much pares de Pace p. 62 § 22 r-qv plausibility in the notion (first 56^av rov iro\4/j.ov rov doKeiv 5i' started by Emperius in his ob- airov {^iXtinrov) Kplaiv ei\7i<j>4- servations on Dion Chrysostom) vai: and de Symmor. p. 178 that this § is wrongly inserted § 1 tov 5ok€lv eZ X^yeiv dd^av here from || Timocr. It is brack- eKcpipovrai (where however Dind. eted by Bekker in his later now reads rod dOvaadai \iy€Lv edition, Sauppe, and Benseler : with MS. S). rejected by Cobet Misc. Grit. 6 fiev oterai di' iKcTuov] i.e. p. 528 — 30. The latter follows Androtion thinks that he will Dobree in denouncing the words be acquitted by you, owing to p. 617.] HAPANOMnN. 75 o Be TrapaKaOTjraL koI ov KaraBverat rot? rnreTTpayfie- 75 voc<i. ovTco S* ov ixovov eh 'xpr/f^ara avaihrj^;, aXka Kal GKai6<^ i(7TLV, S<TT ovK olSep eKelvo, on arecpavoo fiev el(TLV aperrj^i o-rjfielov, ^laXac Be koI to. roiavra 617 ifkovTov, Kal are^avo^i fiev anra^, kolv fitKpo<i ^, rrjv tarjv (jiiXoTifilav e;^e* to3 fieyakco^ eKTrcofiara S' 17 6v- fiiarypia, av jJbev virep^dXkrj rut irXrjdeL, ttXovtov nva the influence of Timoerates, while T. cabnly sits by and does not sink into the earth for shame at his performances. Anecd. Bekk. p. 151, 22: /cara- dijoficu olvtI tov alaxvvofiai, 5o- TiKy: i.e. followed by a dative, as here rots ireTrpay/jL^fOL^. I agree with Benseler and Cobet that this is making too much of Timoerates, a 'mere subor- dinate' {ein hlosser Gehillfe) of A. In II Timocr. the positions are reversed : Timoerates is on his trial (0 /xer), and Androtion (who by this time has already been acquitted on the present charge, and is perhaps more insolent than ever) is his power- ful supporter: and the passage is thus in its right place. § 75. cKaibs] See the quo- tation from de Cor. § 120 in § 73«.: 'stupid,' K. 'narrow- minded' {bornirt), Benseler. au fikv VTrep^dWy t(^ ttXtJ^ci] There are two ways in which this and the corresponding clause ^di' 5' iirl fxiKpocs ris ce/x- viivr)Tai may be taken. G. H. Schaefer, Funkhaenel, Dindorf, and Benseler seem to agree in thinking that both clauses refer to ' gold plate ' only, of which ' drinking - cups ' and ' cen sers ' are taken as common types. These, if of a certain massive- ness, ttXovtov rivb. dS^av irpoae- Tpi\l/aTo rots KeKTTjfjiii/ocs (trans- lated below) : but if a man prides himself upon small ones, so far from obtaining any credit on that account, he is thought to be dT€ip6Ka\o$, wanting in taste. Thus Tr\-qdei = ixe-yieet, as Schaefer observes, a point on which there need be no diffi- culty. But surely, this is not the notion which a cultivated Athenian would have formed of direipoKaXla. To him the aVet- pdKoXos was the man devoid of a true feeling for art, the ' Phi- listine,' the man who could not 'live up to' the works of Phi- dias and Ictinus. He would have applied the name to the vulgar rich man with his heavy gold plate as readily as to the silly man who aped wealth upon a small scale. The Greeks were singularly free from that wor- ship of gold and jewels for their own sake, and apart from ar- tistic merit or other associa- tions (such as those of the crowns which Androtion had broken up), which has marked the Oriental mind from the earliest dawn of its literature to the days of ' Endymion.' The preferable explanation is, with K. and R. W., to under- stand fiiKpois of ' small matters.' Cups and censers, if exceed- ingly numerous, cover their pos- sessor with a certain showy varnish of wealth ('wohl ihre 76 KATA ANAPOTmNOS [§§76—78. Bo^av irpoa-erpi-y^aro roh KeicTrjjjbevoi^, iav S' eVt fit- KpoL<; T£9 a6fjLvvv7]TaL, TOcrovT a'iTe')(eL rov Tt,fjL7]<; tlvo's hua ravra TV')(€lv war aireipoKoko'; irpo^; eBo^ev^ elvai. ovTO<; ToLvvv aveXwv ra T179 Bo^rj^ KT't^pLara, ra rov 76 irkovTOv TreTTOiTjrac fiLicpa koI oi^% vfjbwv ci^ia. koX ovB^ eKelv elBev, on irpo<^ fjbev ')(p7]iJbdT(ov kttJctlv ov- BeTTcoTTOTe 6 BrjjuLo<; iaTTOvBaae, irpo^ Be Bo^rj^ G09 ovBe 7r/309 ev TUiv aXkwv. reKfJur/ptov Be' %/97;/iaTa fiev yap ifKelo'Ta T(5v ^l^Wyvcov irore ayjj^v airavO* virep (f>t\o- TCfiLa<; avrj\(oaev, elcrcpepa)!^ S' i/c twv IBlcop ovBeva TTCOTTOTe^ KivBvvov vTvep B6^r](; i^icrrTj. d(f)' wv KTr)piaTa dddpara avrut irepiea-TL, rd fiev roov epycov 77 juvrj/uLr], V. not. 7 TTibiroTe om. Z Bekk. Bens, cum SFTftstv. Besitzer mit einem gewissen glanzenden Firniss von Wohl- habenheit umgeben,' Benseler) : but whether more or fewer, they are but small matters, and the man who prides himself upon them is dTretpo/caXos. Andro- tion, therefore, has shown 'tasteless vulgarity' in melting down the wreaths, with their glorious associations, and turn- ing them into vessels which are only so much bullion. to(tovt' ttTT^xet] Bather too"' ovTov dWx^j § 2w. 7r/}6s ^bo^ev] Dindorf alone prints this as two words : but if with the MSS. we write irpoae- do^ev, the preposition must still be taken separately. Other si- milar instances are Pantaen. p. 981 § 49 Trpoa-aTi/MuaaL (where see Sandys): Boeot. de Nom. p. 1001 § 23 Trpoafiiaelp : Callicl. p. 1280 § 29 Trpo(r(XVKO(pavTov- ffLv. I own that I prefer Din- dorf 's way of writing all these passages divisim. § 76. reKfx-^piov de] This sen- tence, down to e^^art}, occurs with some variations in Lept. p. 460 § 10. The allusion in XPVI^^'^^ TrXeitrra ttot^ <7x<^v is doubtless to the times of Peri- cles : the history of the Olym- pieion, not finished till the time of Hadrian, shows that after the outbreak of the Peloponne- sian war Athens had little to spend on art and architecture. ovdiva TTibTTore k'lv5vvqv — e^^- (TT-ril The best MSS. all omit Trdoirore here, though in 1| Lep- tines there is no variety of reading. For e^earr) with ace. compare, besides il Lept., de Cor. p. 331 § 319 oideva i^i- a-rafiat ' I avoid no one : ' where Drake aptly points out that i^Lo-ra/jiai takes accus. where ^evyco might be used, dat. where et/cw, and compares Soph. Aj. 82 (ftpovovvTa yap viv ovk av e^iarrjv 6kv(^. In Latin excedere egredi evader e are all found with an accus. p. 618.] nAPANOMON. 77 rd Be Tcov dvadrj/jbdrcav rcov eV eKeivoi'^ (TTaOevrcov to KdWo<i, irpoirvXaia ravra, 6 TrapOevcov, aroal, veoocrot- KOi, ovK d[JL<^opL(TKOi Suo ovSe ')(^pv(j[he^ rerrape^; rj Tp€L<;, dyovaa e/cdo-rr) fivdv, a?, orav (rot Bokj}, ctv 77 nrdXiv <ypd'>^6L<^ KaTa')(a)vev€LV. ov ydp avrov^i SeKa- Tevovre^;, ovB* d KarapdaaiVT dv oi i'^Opol iroLovvres, StTrXa? irpaTTOvre^ ra? €l(T^opd<;, ravr dveOeaav, ovh' ol6(T7r€p' (7V 'X^poofJievoc avjjipov\oL<i iirdkLrevovro, dWd Toj)9 i'^Opoi)^ Kparovvre^, koX d ird<i tc<; dv ev (l)pov(juv ev^acTo, rrjv ttoXlv eh o/iovocav dyovre^, dddvarov K\eo<; avTWV XeXoLTraai,, tot)? i7rLTT)Beuovra<;^ ola aol 78 /Se/Slcorai Trj<; dyopd<; etpyovre^;. vfieU 3' et? tovt\ c3 618 dvBpe^ ^AOrjvaloL, 7rpor]')(^6r)T evrj9eia<i koX paOvfiia^ ' oioiairep Z Bens, cum libris. * iirirrjdevcraPTas Z Bekk. Bens, cum STfls et corr. F. Tuv avadrjixoLTUV — rh KdWo%\ * the splendour of the (sacred) edifices raised to commemorate them : ' dvadTj/xa in a rare sense of the temple itself, usually of its contents, i.e. votive offer- ings. dfi<popl<rKoi 8vo] 'A pair of little jars, or three or four gold- en saucers each weighing a mina' K. — r^rrajocsTj rpeis, with the smaller number last, = ' four, or perhaps only three.' — Xpvcrh is explained as = 910X7; in the grammarians (Harpocrat., Bekk. Anecd. 316, 14). Ben- seler treats it as a diminutive {Schdlchen) ; his word for dfi- (popiaKoi {Henkelkrilgelchen) pre- serves the notion of a vessel with handles always conveyed hy dficpopevs {=:diJ.(f>i(pop€iis, dfi^l and (pipeiv). For the sense of a7et»' compare Timocr. § 129 rbv oLKivaKrjv rov Mapdoviov, 8s rjye TpiaKoalovs dapeiKoiis : c. Ti- moth. p. 1193 § 32 TreLdei ai,- rbv 6 iraT-fip 6 ifibs tcjjltjp oVoXa- ^eTu tQiv (fnakdv, 6(Tov Tjyov al (pLoXai. § 77. Se/fareuoj/res] The property tax was an elKoa-Trj or 5 per cent, upon the taxable capital {Diet. Antiq. s.v. Eis- phora). This, when doubled by Androtion's exactions, be- came a deKaTT] or tithe. oloairep av] § 64 n. TTJu irdXtu els 6/x6voLav ayovres} Whereas the tendency of A.'s proceedings was to excite dis- content and opposition. rrjs dyopas eipyovresl The Atimia, denounced against such immorality as Androtion was accused of, disqualified from speaking in the public assem- blies. There is no reference to buying and selling in the mar- ket-place : no aquae et ignis in- terdictio. Cf. Timocr. §§ 60, 103. § 78. evrideias Kol pq.6viui.las] Der Stumpfsinn und der Sorg- 78 KATA ANAPOTmNOS nAPANOMIlN. &(JT ovhe. TOtavra €'^ovTe<; TrapaBely/jLara ravra jxi- fielcrOe, dX)C ^AvSporicov vfup irofXTreiwv i7rLaK€vaaTrj<;, ^AvSpOTLcov, CO yf] koI deoL koI tovt do-e^rj/jba eXar- rov TtVo9 TJyelade ; iyco fxev yap oTjJiai Beiv top el<; lepd elaiovra Kal '^epvl^cov koL KavcSv dyjrofievov koX t^9 7r/909 Toi)9 66ov<; €7rfc/LteX€ta9 irpoarcvT'qv iaofievov ov)(l TTpoeiprjfievov^ • rjixepoov dptOfiov dyveveiVy dWd top ^Lov rjyvevKevai tolovtcov iTrLTrjBevfidrcov ola TOVT(p ^e/SicoraL. ^ -uv Bens, cum libris. losigkeit, 'stupidity and care- lessness.' This bit of plain speaking was, it will be remem- bered, to be uttered by Diodorus, not by the young author of the speech. Tro/xireiup iiriaKevaaTr)s'\ § 69 n. 'AvdpoTicav, <Z yi] Kai deoL] For the stinging repetition (Epana- diplosis, Blass p. 153) of the man's name, comp. Aristocr. p. 690 § 210 Kal XapidTjfJiou d XPV (ppovpelv ^ovXeverat, ; 'KapL- drj/xov ; ot/xoi. ' Often quotei, ' says Prof. Mahaffy Gr. Lit. ii. 347 n. Kal TovT^ aa-i^rjfia iXarrov rivos Tjytiade ;] Sic resolvendum : rovTo rivos dcre^TjfiaTos ^Xarrov aae^rjfxa TjyeLcde ; G. H. Schae- fer. Xepvi^uv] The doubt is as old as Harpocration whether this is from x^P^'-^o^ ^^^ vessel or X'^pv'-^ t^6 ^oly water. The Scholiast takes it of the former: ov Tov vSaros dXXd tQp dyyeicov, and so Benseler. K. understands it of the latter : but the point is unimportant. For Kaucov see Diet. Antiq. s.v. Canephoros. irpo€LpripL^vov ijfxeptov dptd/xbvl Eeiske's correction for irpoeipr}- fx^vwv, received by all editors except Benseler. This critic argues ingeniously that not merely the number of days, but the particular days for cere- monial purity were prescribed : and defends the reading of the MSS. On the other hand, the tendency of copyists to make every word agree with the near- est to it, and irrespective of the sense, is a well known and fruitful source of error. In II Timocr. the best MSS. read raKTOp, the rest as here irpoei- prjfx&wv. RATA TLM0KPAT0Y2. AIBANIOT rUOSEtlt. AcoScopof} fiev Kavravda 6 KaTrj'yopo^' KaTrjyopel Be vofiov fjLoka (piXavOpcoTTOv, hioirep airo t^9 alria^ KoX TTf^ rov <y€ypa<p6T0<; yvoofir)^ hca^aWeiv avrov TreLparai. eart 8' 6 v6/jL0<; 6 rod Ti/jLOKpaTov^; tocov- T09, ec TLVL ^AdrjvaLcov eir 6(f>\7]/jLari, hrjfiocri&i irpoa- rerl/jLrjTaL BecrfjLOV r) koX to Xocttov Trpoart/JLrjdeLT}, i^elvaL avTw rj dWa) virep avrov iyyv7jTd<; Karao-Tr}- cravTc rov o^X^fiaro^;, ov<; av 6 BtJ/jlo<; '^^eiporov^ay, ^ /jL^u ivTcx; p7)rrj(; irpodea/JLLa^ i/CTicreLV, dcpelaOaL tov Bea/jLov' idv Se eirLcnavro^; rod '^povov firj iKTicrOfj to 6cl>\7)/jLa, TOV fi€v €^6yyv7]devTa BeBeadac, toov Be iyyv7)TCov Brj/jioaiav elvat, Trjv ovcrlav. tovtov alrtu- rat TOV vofiov 6 KaTijyopo<; ov^ virep tov kolvov ye- ypd^Oat, aXS! virep ^AvBpoTL(ovo<; koX VXavKeTov koI MeXai/ft)7roi/. ovtol ydp^ (j)rjal, irefju^devre^ et? Ka- piav irpea^evToX koL TfXeovreg ev Tpirjpei, irepLTre- o-ovTe^ ^avKpaTLTai^ dvOp(07roL<i €fjL7r6poL<;, dcf^elXovTO avToov TO, ')(^pt]/juaTa. eW^ ol ^avKpaTLTat fiev e\66v- Argument. Kavravdcil As well yvLo/xris, * the intention of its pro- as against Androtion. Did these poser.' two speeches stand together in irpodea-niLas] Diet. Antiq. s. v. Libanius' copies? Prothesmia. rT7s aLTlas] ' the motive ' of the irpea^evTaX] See § 12 of the law, nearly = T^s rov yeypa^dros speech. 80 KATA TIMOKPATOTS. [argument. T69 ^Adrjvai^e rov BrjfjLOv tKerevov, 6 Be Br]/jbo<; eyvca TToXifica etvat to, '^prjfMara, /cal fMrj Selu dTrohoOrjvav T0t9 ifJLTTopoL^;. TOVTcov Be ovTCt) yevojjbevwv 'Ap^fySto? KoX Ava-iOelBr]^ ol TpLr]pap')(oi T7J<; vew^;, e<^' ^9 eirXeov ol irepl TOP ^AvBpOTLCOva, elcreirpaTTOVTo tcL ^(^prifiaTa. (W9 Be eKelvoL [xev ov/c ecfidvrjaav ep^oz/Te9 avrd, ol 695 TTpeafievral Be (OfioXoryovv e^^etz^ avrd, /cat eBei irdv XPV/^^ Kara/SdWetv rj TOL<i vo/noif; vTroTrLirrecv TOL<i Toov o^eiXovTwv TCL BrjfjLocrca, Bed rovro, (f)rjal, tovtov TOP vofJLOv Ti[X0KpdT7]<i fio7)6ovvra eKelvoL^ edrjicev. 6 /levTot Ti/jL0KpdT7j<; eKTenicevai ^rjcrl rd '^pt^fiara rov<: irepl ^AvBpoTLeova, koI BrjXov evrevOev elvat (6<f ovK eKeivwv eveKa rov vb^iov elae(^epev avTo<^. Karr}- yopel Be 6 ALoBcopo^ koX dWo rov vo/ulov' rrjp re ydp OeaiV avTov fjLefKJyerat 0)9 yejovvlav irapd tov<; v6- IJLOV^, KoX vTTevavTLov elvai toI<^ dp'^aioL^ <f>7]crly koI davfjicpopov Tot9 KocvoU einBeLKVvaLV, ETEPA TnoeE^i:^. TloXepLOV rvyydvovro^; *A6rjvaL0L<; 7rpo9 ^aacXea, Kara tovtov rov y^povov eypd^rj 'y^rj^Lo-fJia avXa ifkoLwv TToXe/jLLcov elvau /cat ylveaOao ra Tifi^fiara o(iK i^dvTjaav lx<"'''es] Liba- constitutional rules; (3) impo- nius probably means, as a clas- litic, sical writer would have meant, SecondArgument. This writer's 'were proved not to have' the Greek, and his judgment also, money, not 'did not appear.' are greatly inferior to that of Androt. § 21 n. But in the best Libanius. Greek we should not find •7ra>' iypdcpt] ^Ty^icr/^a] As if the XPW<^ for irdvTa, 'everything.' decree had been made for the irapd Toil's yofxovs . . .vTrepavriov occasion, and the destruction of , . .d<7vfi<f>opov] So in the Andro- the enemy's commerce were not tion, A. 's motion to crown the a regular incident of naval war- senate is attacked on the same fare ! The use of tQv kXottQj/ three grounds as (1) illegal, lia- for ' the captures ' shows a want ble to a 7pa0T7 irapavofxuv ; (2) a of command of the language, violent subversion of established . aOXa ttXoIojv] ' that the enemy's ARGUMENT.] KATA TIMOKPATOT^, 81 TObV kKottojv Brjfioa-ia. M.av<TcoXo^, Tr]<i Kaplan aa- Tpa7r7)<^, ra? irepav vr/aov^ rjhiKei. Kare^owv ol fiXaiTTopbevoi, Koi tou^ 'AOr]vaLov<; iireKakovvTO, eSo^e Sta TrpeajSecov reo)? alridaaa-Oat rbv Kdpa. 7re/jL7rov(rcv ovv ^AvBporicova koX ^eXdvmirov koI TXavKerrjv tt/do? top dp-^^^ovra Kapla^i May<70i)Xoi/, Tou T^9 ^ApT6fJLiaia<i dvhpa koX dS6X(j>6p, (W9 dBoKovvra Ta9 VYjcTov^ alrcaaofjiei^ov^^ fcal fiaatkel '^api^ofievov, So* ov KaKS><; iirolei tov^ "JSiXXrjva^;. ovroi vrjt wepi- TV)(^6vT6<; ^avKpariTiKfj AlyuTTTia i^ovari (poprta {BteKOfjLL^ov Se rovTov^ tov<; irpia-^ec'; ^Ap^6l3io<; koX AvaidetSrj^; rpirjpapxof') /cardyovcrtv et? rov Tlecpaid rriv oXKdBa. kol Xoyrov yevojxevwv toI^ AlyvTrrcoi^ 7rpo9 TGv Btj/jlov Kal lKeTeia<;, ovBev tjttov eKpldr) rd 696 ^(^prjixaTa elvat hrjixoata ce)9 iroXefilcov ovtcdv roov Al- yviTTLCov. vofiov Se TTpoardTTovro'^ rov '^(^prjo-d/jLevov SrjfjLoa-Loif; '^prjfjLacrcv iir* iviavrov oXov BiirXaaia ravra Bchovat, Karaa^ovre^i ol 7rpea^6L<s ovtol rdXavra ivvea Kal TpidKovTa fj.vd<; rutv aTrefJUTroXrfdevroDV <f)opTiQ)v ex T^9 V€a)<; virevdwoi iyivovro tm Brj/xoaiw kol tm 81- TrXaaiw. airavLOTrjro'i Ee '^pr^fJuaTcov KaTa<r')(ov<7r]^ TOP SrjfjLoVy ^ApL<7T0<f)wv TA9 Br^fiaycoyo^ eypayjre n/r»;- <f>L(TiJba eXeadav ^r]T7]Td<i rcov 6(f)€iX6vTO)v rfj ttoXcc fcal dTTOireipoy/jievayp htaXaBelv, koX tovtov<; /nrfvvecv. ifjiyj- vvaev Kv/CTijfjLwv 6 7r/)09 ^AvBpoTicova fii/cp^ irp6(r9ev vessels should be lawful prizes, yond,' The Scholiast mentions and the proceeds of the captures Cos and Ehodes, and (less accu- after valuation become the pro- rately) Chios, perty of the State.' E. W. The t<P bnrXaalif] G. H. Schaefer form (TvXai 'right of seizure, re- suggested rov dtirXaalov. So be- prisals,' is to be distinguished low 1. 20 Bekker points out that from <Tv\a, prizes or captured u^lKov ought to be w^Xov, and property. It occurs c. Lacrit. p. G97. 18 dW odv ye rov /x-^ * p. 927 § 13, p. 931 § 26. ought to be dW ovu rod ye /jlt}. rds ir^pav i/rjaovs] 'opposite' But it seems hardly worth while or 'adjacent' islands, not 'be- to correct this writer's Greek, W. D. 6 82 KATA TIMOKPATOT:^. [argument. dycoviaa^evo^, vvvl Se tt/oo? TinoKpdrrjv, e^eiv 'A|0;^e- ^Lov Kol Avcrid6i^7]v CK ttJ? Aljv'JTTLa'; 6X«:a8o9 rd- \avTa ivvia Kal TpiaKovra /iivd<;. eypayjre Be StjXovotc (fyevycov fiev ttjv 6K tov 7rpo(f>avov(; 7rpo<; ^ KvBporiwva fid'^Tjv, Bta Be T179 Tcop rpi7]pdp')(^a>v fJLvrjfJLT]^ ovBev TjTTOv eTTi^ovkeveov ray ^AvBporlcovc. BiaBtKaa-ia^; Be iyevo/uLev7}<; TOL<i Trpeo-jSeai irpo^ tou9 rpCTjpdp'^ovf;, tjt- rrjOrjaav ol Trpea^ei^; Kal w^eCkov rd '^p-qjiara. Trpoa- rdrrovTO'^ Be vo/jlov tov ocpeiXovra eV* tov BevTepov iviavTov BeBeaOai, ea>9 dv eKTiaTj, e/xeWov Ta> BeafxiM Kal ol TTpecrPei'; KaOinTO^dWeaOai. iv Be tw KatpM TOVTW dpy^ofievov tov BevTepov evtavTov, iv c5 Ka] BeOrjvai, tov<; irpeaffet^; e'^^prjv, eypa'^e Ti/j,0KpdT7]<; VOfJLOV TOLOVTOVy ct TIVL TCOV O^etkoVTCOV TM Br)fxoal(p Beafiov TrpoaTCTi/JirjTac Kara vo/llov ^ KaTa '>^r]<^Lcrfia Kal TO XoLirov Trpoari^TfOfj, i^elvai avTO) KaTaaTrjaavTC Tpe2<; iyyvrjTdf; rj firjv cKTicreLV, 01)9 dv 6 Brjjxo^ X^^P^~ ^7 Tovrjar), d^ieaOai tov Becr/jiov' idv Be firj eKTicryj avTd<i 7} ol iyymjTal, tov /jL€v i^eyyvrjOevTa BeBeaOaL, tcov Be iyyvrjTajV BTj/ioaiav elvai ttjv ovaiav. tovtov tov vofiov ypa(f>r)V dTrjjvejKavTO AioBwpos Kal ^vkttjjjlwv C09 Trapavo/jLov Kal dBtKov Kal dcrv/JL^opov. ^AvBpoTtcov Be Kal TXavKeT7]<; Kal MeXdvcoTro^;, avvi6vre<; Bi av- Tov<; ryejevrjadat ttjv ypacjyrjv, KaTafSdWovaiv evvea ToKavTa Kal TpiaKovTa fJLvd^;, to-co<; fxev ovk dv KaTa- paX6vTe<^y el jiri t7}v jpacprjv eireBoaav ol KaTTjjopoty oficof; B' ovv KaTe^aXov. KaTr)yopel tolvvv KvKTij/jicov diadLKacias] See § 13 of the 159. In reality a state debtor, Speech. whether farmer of the taxes or eVt TOV devrepov iuiavrov] not, might be imprisoned at any Boeckh points out that the time in certain circumstances; ■writer, whom he inadvertently Schoemann, Antiq. p. 451 E.T. calls Libanius, has confused the The point will be further dis- actual law with the proposal of cussed in the notes to the Timocrates, P. E. book iii. note Speech (see §§ 2, 39 f., 50). ARGUMENT.] RATA TIMOKPATOT2. 83 Kol At6So)po<;, <pdcrKOVT€(; fxev Bta roi)? Trpia-^ei^ ye- ypa(j)6aL rbv vofiov* el Be koI i^eTiaav iv tw fiera^v yjpovtp, SeSo/Jiivr)^; r/J? jpacprjf; tovto iTTOLTjaav, cocrre rrjv TTpoalpeaLV rod vofioOerou vTracriav elvat. ovBev Se rjTTOV e^eTCL^ei rov vofiov 6 prjroDp co? koX Kar aWov rpoTTOV e^ovra KaKw<^' fcal yap Trapavo/xcof; reOelcrOal (f>7]crL Kol VTrevavTiox; e^ecv Tot<; vojulol^, koI oXXcd^; ahiKelv Kol /SXaTTreiv, Si wv irpocrTaTTei, rrjv ttoXcv. 8ia ravra yovv koI al viroOecreL'^ tov \6yov 8vo, fila fjL6V on Sta Tov<i Trpea^eif; yeypairrai, eripa Be ore virevavrlo^ rot? vofioifj Kal eirL^rjixiof; koL a8cK0<;. w<TTe el eSvvaro eK(j)vyeiv 6 TcfjL0KpdT7)<; ttjv alrlav TOV fjLrj Bid Tov<!; irpea^eb^; yeypac^evat, dXX ovv ye tov fjbrj irovrjpbv elvau ov Biacfyeu^eTac. eBvvaTO /xev yap TOV vofioderov KaTijyopelv 6 Ai,6Bcopo<;, otc irovrjpov eypayjre v6/jlov Kal virevavTiov tol<; v6[xol^, Kal rjpKeaev dv avTM TT/DO? viTodeoriv ravra' vvv Be Kal rrjv Kara 698 Twv irpea/Secov iTpoorelXri^e Bia^oXrjf; eveKa tov vo/ulo- Oerov. Tj fjbev ovv v7r66eaL<; t^9 alrla^;, Be rjv eOijKc TOV vofjLov, o-ro^aartKy' ^rjreLrai yap el Bid roi)? 7rpe(j/3et9 eOrjKev rj ou' r] Be Kard rov vofiov irpay- fxariKr]' KaOoXov yap rrdaa Karrjyopla pr]rov irpay- [jiariKrjv direpyd^erai ardaiv. pyrov Be Xeyco ovk e'f ovirep erepbv ri ^yreirai, coaTrep ev crTO'^ao-fiw, ovBe o}(jT€ TTju TTpoaipetTiv] 'so that that the law was proposed for the purpose of the mover of the the benefit of the ambassadors, law was (equally) blameworthy.' the other (of fact) that it is In Attic writers 6 voixodirrfs would illegal, hurtful in its effects, and hardly mean any one but Solon, unjust.' Compare the end of vofjLodiTai the legislative com- Libanius' Argument. The for- mittee selected from the He- mer is the virod^aLs ttjs alrias, liastic body (see § 21) : here it and as such a matter of conjee- should have been rov tov vojxov ture(crroxa(rTt/c7?) : for the latter ypd\l/avTos, as in § 28. see the next note. al VTTod^creLs rov \6yov dvo] iracra KaTrjyopia..aTd(nv]^ eyevy 'the questions argued in the charge against a written docu- speech are two, one (of motive) ment (in English law, ' of re- 6—2 84 KATA TIMOKPATOTS. [argument. rod dva(l>€pofjLevov et? Te')(yrjv koI i^ovalav, wairep ev (IvTiXTj-ylreL eKel fiev eVt rot? i/c^e^rjKoacv rj Kpicn<^, iv he ry Trpay/JLart/c^ iirl jJieWovat. fcal Set fyejpd- <^6ai TO prjTov iv vofioc^i koX iv 'xjrTfcpLo-fjLaaLV. ean TOivvv TOVTOV Tov \6jov K6(f)a\aLa reacrapa, €v p^ev rh vop^tfioVj o Bcrjprjrac Bc'^rj, et9 re to irpoaccfirov koI et9 TO irpar^pa^ TOVTecrrLV et9 avTov tov vop^ov, OTrcof; ivavTio<; iaTL roi? v6fxoL<;, BevTepov to Bl/caiov, TpiTOV to (Tvp,^€pov, Stl i7ri^r/p,L0<;, TeTapTov to BvvaTov, oro Kol dSwaTov^; iTrcTaTTec nrpd^et'^. tj Kpcvopjivrj ovv vir6de(TL<; idTLV avTrj r/ iv toI^ K€J)a\aL0L<^. Trjv yap KUTa Twv TTpea-ffewv virodeaiv iv Trj KaTaGTaaei koX irapeK^daeiTedeiKe Staff o\r]<; eveKa BtjXovotl. iireLBr) yap 6 v6pbo<; Bo/cec (^CkavOpwiroTaTo^; elvai, tcov Beap,odV a<^tet?, TOVTOV eveKa dvTeOrjKe ifKelaTa pev /cal dXXa, p^dXiaTa Be Ta Bvo TavTa, ttjv re VTroOeacv Trjv KaTa Toz)? irpea-ffei^, Xva Tjj virovota TavTrj tov dKpoaTrjv iv viro'^la Bov^ KaTa tov avTiBcKov Treiar) (o<^ tov vopbov Bl ala-^poKepBeiav TedecKorof; virep prjTopcov Kal ttoXl- Tevopevwv, dpTrdaac Ta Koivd irpoaipovpevcov, Kal to 6gg davp^cpopov, iv (b airoaTeprjcrai Trjv itoXlv diravTcov TCOV 6(f)Xr)p,dTcov ffovXeTai' Kal to dBcKov, iv S otl dva^LOL^; Be(rp(OTai<; Trjv X^P'-^ BlBcoac. Trpo? Be to BvvaTov, OTL el Kal ifSovXopbeda, ovk rjv BvvaTov' dvaipovvTac yap ttJ? 7roXcTeLa<; ol Kav6ve<;. p,rj d- yvocopev Be otl to pev vopapov Ke<^dXaLov ivTeXeaTaTa cord') raises a question of fact.' legal argument is worked out For ardais cf. note on Androt. very completely,' because it is Argum. p. 596. 8, where eyy pa- the strong point: the other and 0OS corresponds to prjrov here. weaker pleas are purposely jum- aj/TtXT7\i'et] 'objection.' bled together. In the Crown, KaTaa-Td(T€L] 'statement of the on the contrary, the question of case.' law is the weak point of the TO fi^v vofjLifxov K€(f)aXaiov'] The orator's defence; and it is care- most sensible remark which this fully hidden away in the middle grammarian has yet made : 'the of the speech, and lost in the p. 700.] KATA TIMOKPATOTX. 85 eLpyaaraL, to 5e Bl/caiov kol to avfjb^epov koX to Su- varov dW7]Xot<^ avfiirXeKeTai. Koi to fiev av/jucfyepov iv TovToi'^ icTTL TO 7rpo7)yovfjL6i'Ov, Kara(7K€vd^€Tat 8e Bid re Tov BiKatov kol tov dSiKOV kol tov dBwaToV irdv yap uBikov kol davfx^opov. tw 8' avTO) kol irepX TOV oBwaTov /Bid^eTai y^prjaOac \6y(p' o yap dBvvaTOV (f>7jcri, TOVTO Brj koI dcrv/jL(f)opov. koI eVetS?) Tifio- KpdT7j<; 7ro\u9 eVrt ttJ (f)L\avdpco7rLa tov vojjlov %pft;- fxevo^i, avTT] Be ein to BiKaLov dvac^epoLTO dv, Bid TOVTO At] fio a Oiv7]<; iravTa'^ov tu> davfjb(p6pa) Ke'y^prjTai, BeiKvv^ eirLJ^Xa^P] koi iirt^Tj/jnov Tvy^dvovTa Trj iroXec tov VOjlOV. ToO pev dycovo^, co dvBpe<=; BiKaaToi, tov irap6vT0<^ p^OO ovK dv avTov olixai Tip^oKpdTr^v elTrelv w? aXTio^ Icttiv dX\o<; Tt9 avTM ttXtju avTo<^ avToJ. '^(^pyp.dTcov ydp ovK okiywv d7ro(7T€prj(Tac j3ovX6/jl€vo<; Trjv ttoXlv, irapd 7rdvTa<; tou? vopov^ vop^ov elcrrjveyicev ovt iiriTrfBeiov ovre BUacov, cS dvBpe^ BiKaaTai' o? ra p,ev aX,V oaa Xvp^avelTai kol ')(^elpov exeiv ra Kotvd iroir^aeij Kvpto<i el yevrjaeTai, Td^a Brj Kad' CKacTTOv dKovovTe<; ifiov /jLaOyjaeade, ev B\ o p,eyiaT0v e^co Koi Trpox^ipoTaTov 2 TT/oo? vp,d(; el7relv,ovK dTroTpeyjropai,' Trjvydp vp,eTepav blaze of splendid rhetoric. Tou fikv ayavos] The Scho- [§§ 1 — 16. Introductory]. §§ liast observes that this fikv has 1 — 5. Exordium : demerits of no 5^ corresponding to it. It is Timocrates (Sta/SoXi) tov irpo<x(6- in reality repeated at to fieu odv vov, Schol. ) §§ 1 — 3 : public im- irpa-y/xa (end of § 5) and answer- portance of the case [av^rjats tov ed by "Iva 5' vfiu:v firjdels 6av- vpayfxaTos), §§ 4, 5. fxa^rj. § 1. Timocrates has only him- airoTpi^ofiaL] 'hesitate, shrink self to thank for this prosecution. from:' a better reading than From purely selfish motives he diroKpvxpofiai, (yp.'Er). G. H, introduced a law in violation of Schaefer compares the conclud- all the existing laws which was ing words of Prooem. 23, p, neither expedient nor just, and 1434 : kclv vfieh fir/ veLadrjTe, the effect of which, if it is allow- ovk ajroTp^xpoixai Xiyeiv. Cf. be- ed to pass, will be immense pe- low, §§ 104. 200, where there is cuniary loss to the state. the same variety of reading* 86 KATA TIMOKPATOTX [§§8—5. '\lr7](j)ov, rjv ofioj/jLOKOTe^; Trepl irdvTcov (j^epere, \v6L koX TTOcet Tov /j,7]S€v6<; d^lav 6 tovtovl v6/jL0^, ov'^ Xva Kotvfj Ti rrjv ttoXlv (ici(j>eKr)arj (ttco? r^dp ; o? 76, a hoKel avve- X^^^ '^^^ TToXtreiav, rd ^LKaaTrjpia, ravra dicvpa iroiel Twv TrpoarcfirjfjLdrcov roov^ eTrl toI<^ dhiKrjfxaaiv eV rcav vofJLCov (opLafiivcov) aX,\' iva rcuv ttoXvv ^P^^^^ v/iia<; TCV€<i iKK€Kap7rC0fl€VC0V KOi TToWd TWV VfjL6T€p(OV SiTJp- iraKOTCOv fiTjh' d K\e7novTe<; ^avepw^ iXijcpdrjaav Kara- 3 d(M(Ti, KoX ToaovTM paov icTTLV 181(1 TLvd^ OepaiTeveiv * om. Z V. not. § 2. The most obvious objec- tion to T.^s law is, that it de- prives the courts of the {discre- tionary) power of awarding fur- ther penalties for wrongful acts. Not for the sake of any advantage to the state, that is impossible, but that the clique of those who fatten upon your plunder may not be compelled to disgorge. TUiV Trpo<7TLfxriixa.TU}v T(2v eTTl] The reading is greatly improved by the addition of the second rQv, showing that the construc- tion is oLKvpa Ti^u irpoaTL/xrjiMTOju, 'unable to enforce their aggra- vations of punishment' (Straf- verscharfungen, Benseler) as in §§ 79, 102, 191: therwise t(Zv irpocrT....o}pL(yijAv(av would be a rather awkward gen. absolute. The Athenian law allowed the state debtor thirty days to find the money before execution was levied, and provided that the amount should be doubled after the ninth Prytany. In the in- terval there was a discretionary power to imprison where default was to be feared, vested in the law-courts according to Demo- sthenes : Schoemann says in the Council (Senate), Antiq. p. 451. The subst. TrpoaTlfi-qixa seems to occur only here and in the grammarians Pollux and Har- pocration: I prefer the render- ing 'additional penalty' to the simple 'penalty' (K.). According to Keiske, Ind. Bern. s. v., irpoa- TLjudv may ' often ' be understood in the same sense as Ti/mav : but he fails to prove this. His most plausible instance is in § 103 of this Speech, edv ns aX(p KXoirrjs /cat fi'^ TifjLTjdrj davarov, irpoarip.aLV avTi^ dea/xov : where however see note. KXeiTTOVTes (pavepws e\r}(f>d7}(Tav\ The allusion is not to the cap- ture of enemies' property, called KXoirrj at the beginning of the Second Argument ; but to the fact that the ambassadors ad- mitted the possession of the money (below, § 13 n.). § 3. His task has been easier than mine : he has been bribed to bring in his laic, and ichat is more, paid beforehand; while I stand up for your rights, not only without hope of reward, but at the risk of losing 1000 drachmas. depawevetp] ' pay court to,' K. Eather perhaps ' study the in- terests of,' ' watph for oppor- tunities of aiding :' as in de Cor. p. 701.] KATA TIMOKPATOTX. 87 rj Toov v/JLerepcov hiKamv^ irpotaraa-OaL Scttc ovto<; fiep e;^6t Trap' eKeivcop dpyupiov /cat ov Trporepov tovtov ela-rjveyKev virep avrwv top vofxov, i/Mol 3' iv )(^L\lai<; ^01 VTrep v/jLoov 6 klvBvvo<;' Toaovrov d'jre')(^co rov Xa^elv 4 TL Trap' VjJLwv, elwdacrc piev ovv ol ttoWoI tcov irpdr- Teiv TL TTpoaipovp^ivcov Twv Kocvwv Xiyecv cJ? ravd* v/jLcv airovhaLorar iarl kol pboXcar ci^iov irpoae^eiv TOVTOL<i, VTrep Q)v av avTol rvy^dvcocn Trowv/jbevoc toz)? Xcyov<;. iyco B\ eiTrep tlvI tovto koI dXkcp TrpocTTj- k6vto)<; elprjTai, vofil^w Kafiol vvv dpfiorreiv elirelv, 5 Twv yap ovTOJV dyaOciv rfj TroXec kov tov Br)/jLO/cpa- TovfjLevTjv Kal iXevOepav elvai cw? dXXo n rcou voficov alricorepov iarTtp, ovB' uv eva elTrelv olfiac. Trepl Toivvv avTOV tovtov vvv vyJiv co-tl, TroTepov Sec tov<; fiev aXXov^i vo/xov^ 0O9 eTrl toI<: dSiKovat ttjv ttoXcp v/jLel^i dveypd-ylraTe, aKvpov^ elvai, TovBe Be Kvpiov, rj ^ 8iKaLu}s Bens, cum 2r. p. 332 § 322, Tcis TL/xas, tcls 5v- remain in force, vaarelas, rds euSo^i'as tt]'; tto- § 4. eiuffacri fikv ovv] Com- rpibos depaireveiy, ravras aii^eiv. pare the opening words of Isocr. and de F. L. p. 411 § 226 = 250, Or. 3 de Pace: "kiravTet fih Tois TO, ^iXiinrou ir pay pad' yprf- elibdacrcp oi irapioures ivddde ravra p.ivoLS depaireveLV. p-iyityra <pd(TK€iv elvai Kai p-dXtaTa h x'X^ctij] Androt. §§ 26, 28. a-Kovhris d^ia ry 7r6\«, irepl wi/ Below, § 7. dv avTol p.€X\u}<n crvpL^ovXevaeiv ToaovTOV ttTT^x'^] Androt. § ov p.'qu dXX el Kal irf.pl dXXwv 2 n. TLvQiv TTpayp.druiv Tjppioae Toiavra §§ 4, 5. When, in accord- irpoenreiy, doKeX pot. irp^ireiv Kal ance with the usual practice of irepl riou vvv irapovroiv evrevdev public men, I insist upon tJie iroLrjaaadai ttjv dpxnv. If these importance of the matter in passages stood alone, the re- hand, this is no mere figure of semblance is no more than may speech; for we all attribute our be expected in an oratorical freedom and prosperity to the commonplace: but Funkhaenel law, and the question now be- (in Zeitschr, filr Alterthumsw. fore you is, wliether all the otlier 1837 p. 487) has collected seve- statutes against public offenders ral instances in which it is are to be invalidated, and this clear that Demosth. imitated one to be established, or this the older orator. to be repealed and the others to § 6. dveypd^arej In the 88 KATA TIMOKPATOTS [§§6,7. Tovvavriov TOVTOV fiev \vaat, Kara 'y^copav 3e fiiveiv rqv<i ftkXov<; edv. ro /xev ovv irpar/ixa, irepl ov §6? vvv vixa<^ f^vwvai, «? eV K€(f)a\aifp Ti? av ecirot, rovr* io-Tiv. 6 '^Iva S' vfjiwv fJiTfBel'i Oavfid^rj ru B^ ttot iyco fxe- rpLcof;, 0)9 7' ifiavTov irelOw, rbv aXkov xpovov ^efitco- Kco^ vvv iv dyco(rc kolI ypacfyal^; Sij/jLoaLaLf; e^erd^o/uiai, ^ovXo/jLai /jLLKpd 7rpo9 z/yu-a? elirelv' earai he ravr ovK airo^ Tou irpdyfiaro^;. iyco ydp, w dvhpe<^ ^ KOt]- valoL, TTpoaeKpovcr* dvOpoorrcp 7rov7)pM Kal (piXaire'^flr]- fiovL Kal Oeol^; 6'-)(6pM, o) reXevrcoaa oXtj irpoaeKpovo-ev 7 rj ttoXl^;, ^AvBporicova Xeyw. Kal roaovrw Beivorepa « dTTo Z Bekk. literal sense, 'written up' in some public place, as the laws of Solon were on the amoves or KvplSeis (Diet. Antiq. s. v. Axo- nes). Cf. below § 23, oa^aypa\pas rb fj.kv ovv Trpayixa...TovT'' icr- riv\ ' Well, this is the case :' pi.^v repeated from rov fxhv dyCj- vos § 1, and answered imme- diately by ha bL §§ 6 — 8. Motives of the pro- secution: Androtion has not yet he en punished for the wrongs he has done the state, nor satisfied my revenge for his private in- jitries. § 6. "\va 5' v[xCjv fiTjSels dav- fid^'] The Scholiast here points out the resemblance to the opening words of Isocr. Or. 6 Ajchidamus : see on § 4. The thought is again a common- place likely to be frequently re- peated : the apology, namely, of a quiet man for venturing on the unaccustomed role of a public prosecutor. /lerptojs] Androt. § 25 n. i/xavTOP Treidb}] Lat. mihiper- suasum haheo, here and Plat. Gorg. 453 b, has a sense (to be persuaded, i.e. to hold firmly an opinion) clearly distinguish- able from that of ireiruafxat. (to be persuaded to do something). For the latter cf. Thucyd. v. 40 § 2, TOi>s yap Botcrroys (^ovto ireTreiadaL virb AaKedaifiovLuu t6 re IlopaKTOu KaOeXeiv. e^eTa^op-at] 'appear.' Androt. § 66 n. Below, § 173. (XTTo TOU irpayp-aros] * foreign to the matter,' 'irrelevant' K. : like awo aKoirov, 'wide of the mark. ' In this sense the correct accentuation is diro, preserved here by the best MSS. The point is discussed in G. H. Schaefer's Meletemata Critica, p. 51. eyta yap, J dydpes] ' You must know, men of Athens, I came into collision with a vile, quar- relsome, abominable fellow ' K. A well-known use of yap at the beginning of a narrative : ' the fact is.'— ^eois ix^p(p, Androt. §59. ^Avdporiuva X^7a>] Some ^ OF THE ''A P. 702.] KATA TIMOKPATOTIU K" I V ^9^, SIT' ^vKTij/jLovof; TjScKydTjv vir avTov waO^ 6 i^i^^ff^ 6(0(T6V iKeivo<; rjv eir efjb rjXOev ohov, ovx ore rwv 702 ovTcov dv^ direo-TeprjfjLTjv, aXX* ovS* tiv e^rjv, ovB^ o KOLvov diracTiv eanv, aTraWayrjvai tov ^lov, pdSiov ^ civ am. Z Bekk. Bens, cum 2. critics have -wished to introduce 'AudpoTLiovi: and G. H. Schaefer takes the dative for choice where- ever MSS. differ, comparing de Chers. p. 96 § 24, kuI Trap' wv ap CKacTOL hvvwvrai, toxjtuv tQv T7)v 'Aaiav exovTwv \iyw, XPV- /tara Xa/x^dvova-LP, and a passage in the Prooemia, no. 50 p. 1457. Here, however, there is no variety of reading: and in doubtful cases Schaefer's prefer- ence would now hardly be sus- tained. All recent editors, with Dindorf at their head, agree in adopting UoXweUT} for IIoXv- vdKec in Aesch. Theb. 658, 'Epi- ^oiap for 'Epi^oiq, in Soph. Aj. 569; in the former case with, in the latter without, MS. au- thority: though Lobeck on the latter jsassage argues with his usual copious learning in favour of the dative. § 7. /cat T0(T0VT(p ^eiporepa] The same statement occurs in nearly the same words at the beginning of the Androtion, §§ 1,2. els xPVf^^"-'''' ^0"^' a] ' suffered, it is true (i^^p) some pecuniary damage: whereas I' &c. K. again omits to give the force of ^ad' a: cf. Androt. § 10 ?i. dTre<XT€p7]ij.7)v] a.Trecreprid'rjp MS. 2 : but this is undoubtedly a correction of the rarer plu- perfect. Cobet remarks, Nov. Led. p. 524: 'nulla nisi apud Graeculos utra sit verier lectio potest esse controversia.' ^^Tjp] This form of the im- perf. for ^^cop is given by all MSS. in the present passage (the only one cited by Veitch s.v. ^aw), and as a variant in Eurip. Alcest. 295, 651. There is no doubt that it is incorrect, and formed by a false analogy from the 2nd and 3rd persons ^^T/s, ^7). This was seen by the author of the Etymologicon Magnum p. 413. 8, who ob- serves : irXdprjs ovp yepo/x^prjs iy^pero irpwrop Trpoawirop ^^t]v Trpoad^aei tov p dirb tov TpiTOV Trpoacairov; and while believing that Euripides had written e^p, adds iicpeiXev ehai ^wp. The only question is, does this error proceed from the writers them- selves or from later copyists? Cobet, in his full and interesting discussion of the point {Nov. Led. pp. 524 — 5), declares em- phatically that the ' antiqui ' were incapable of such a mis- take, and that only ' Graeculi ' and ' sequiores ' could have per- petrated it. Modern languages abound with false analogies: that the finer linguistic instincts of the Greeks could never have been misled by them, it is easier to assume than to prove. diraXXayrjvaL tov ^Lov] As a parricide he would have been held accursed in death, as in life. 90 RATA TIMOKPATOTS. §§ 8, 9. 771/ av /JLOL^. alTLa(rdfMevo<i yap fie a Kal Xeyetv civ tl'^ OKvrjaeLev ev (fypovwv, top i/jbavrov irarepa q)9 anreKTova, d(T€^eca<; <ypa(^rjv Karaa-Kevdaaf; €i9 dr/wva Karearr)- (lev. ev Se tovtco to irefnrTov /juepo^ twv '\jrj](l)cov ov fjLeTa\a/3(ov oo^Xe 'x^iXla^iy 6700 B\ ojairep rjv SoKacov, IxaXiCTTa fiev Bid tov<; 6eov<;, eireLra Be Kal Bid tov<; Bt- Kd^ovra^^ vficov eacodrfv. rbv Br) eh rocavTa Karaarrj- aavrd fi dBiK(0^ dBidWaicTov e^Opov '^yov/jLrjv. IBcov 8* TjBcKTjKora KOLvfj irdaav r^v iroXiv koX irepl rrjv eXairpa^LV tcov elacftopcov Kal irepl ttjv irolrjatv rwv Tro/jLireloyv, Kal 'x^prj/jiaTa ttoWu t^? 6eov Kal t(ov eiroivvfKov Kal^ r^? vroXeo)? e^ovra Kal ovk diroBi- ifioi Bekk. ^ diKaa-ras Z Bekk. cum SFTfi et yp r. 8 Kal om. Bekk. €u (ppovujv] Expressed in II Androt. by e^ fJL-^ tvxol irpoao- fxoLos cOf TovT(^. Some of these variants in the parallel passages are amusing, and some inge- nious. In II Androt. (where see note on KaracTK.) it is ovk ^tt' ep.^, aW iirl TOP detbv p.ov. rb vi/xTTTOv pi^po$...(Z(p\€ xtX^as] By the Athenian laws which provided this penalty for liti- giousness and frivolous accusa- tions, a distinction was main- tained between public and pri- vate causes. In the former, a uniform sum of 1000 drachmas was imposed as a fine: in the latter, when damages were sought to be recovered, the penalty was a sixth part of the claim {Tip.7]p.a, Lat. litis aesti- matio), or one obolus in a drachma, hence called eiru^eXla. The rule as to the fifth part of the votes was the same for both cases, Diet. Aiitiq. s. v. Epo- belia. Toi)s SiKCL^ovra^ vp.ui'] This must mean ' those of you (the jurors he is now addressing) who were on the former jury': diKoi- ^ovras being an imperfect parti- ciple (Androt. § 25 n). In Androt. § 10 the present time only is referred to : and there it is Tovs 5LKd^ovTas vp.as. § 8, rrjv eicnrpa^iv tCjv eia(jio- pQv] His oppressive exactions in reference to the property-tax are related at large Androt. §§ 48—64. TTfv TToiriaiv T(2u iropLTreluji'^ Androt. § 69 ff. 'The manu- facture of the sacred utensils' includes of course the melting down of the aT^cpavoi and re- casting them as (piaXaL. TTJs deoO Kal tQv eirijjvvp.uv'] These would both be included in the kpd xp'nt^o.ra of the next §, while TTjs TToXews would corre- spond to the oVta. Hence there is no occasion to suspect Kal before t^s ttoXcwj with Bekker p. 702.] KATA TIMOKPATOT2. 91 Bovra, rjXOov eir avrov /jl€t ^vfcrrjjJLovo^;, r)<yoviievo<; dpfjuoTTOVT eikrj^evat, Katpov tou ^orjOfjaal 6' a/jia rfj iroXei Kal TijxwpLav virep Sv eTreirovOebv Xa/Selv. /Sou- \oifjL7ju 8' av ifjue re Tf%etz^ wv /SovXofiao rovrov re n iraOelv (ov d^to^ iari. rod Be irpdy/iaro^; ovKer ovTO<^ dfKpia-firjrrjaifjLOVf dWd irpwTov fiev rrj'^^ jBov- \rj<; KaTeyvcoKVLa<;, elra rov Br/fiov puiav rjfxepav o\r)V iirl TOVTOL<i avTol<^ dva\(oaavTo<;, 7rp6<; Be tovtoi,<; *» T7]s om. Bekk. Bens. in his first edition, or (with Dobree) the whole phrase koI TTjs TToXews. — For iTruvvfxwv, be- low § 18 n. ^orjdrjaai ...ry xdXei] Androt. §1. ^ovXoifJLrju 5' av] Like the corresponding English ' I could wish,' is only a less direct and more modest plirase for ^ovXo- fiai. So in Plat, Protag. 333 b d^i(2u avTc^ re i^ttuat didXiyecrdaL c'ttcos ^ovXerai, Kal aol ottojs du av au ^ovXtj (more polite than OTTCJS ^ovXei). Had the sense been ' I wish I had accomplished my object, and that the defend- ant had suffered,' &c. we should have had i^ovXofirjv &/. But though the result of the former trial is not directly stated, it is no less plainly hinted at: and had the charge of eTaiprjais been brought home, Androtion could not have been appointed am- bassador and the present case would never have arisen. An- drotion has been acquitted, and Diodorus is fulfilling his threat, Kal vvv Kal rov aXXov diravra d/xvifeadai xp^^ov (Androt. § 3). §§ 9, 10. When Androtion and his accomplices had exhausted every artijice to evade paynient of what he owed the state, Timo- crates interposed on their behalf with a law which enables any one who pleases to plunder the treasury with impunity. Our only remedy is to iiiipeach the law and endeavour to repeal it. § 9. rov 5k Trpd-ynaTos] ' The case being clear' as to A.'s ap- propriation of public money. Schaefer justly denies that there is any undue abruptness here, as some have thought. rrjs §ovXrji\ The senate had decided by irpo^ovXev/xa (like our grand juries) that there was a prima facie case against the defendants and that the trial should proceed. Most MSS. , in- cluding the best, omit the ar- ticle before ^ovXtjs and are fol- lowed by Bekker and Benseler. The latter gives the meaning as ' one of the two councils ' : an instance of his following S first and trying to find a justification afterwards. MS, authority must here yield to the sense of Attic usage : no Athenian could have confused the functions of the Senate and the Areiopagus, any more than an Englishman could write ' the budget was introduced in one of the two Houses of Par- liament.' 92 KATA TIMOKPATOTX [§§10,11. €Vovarj<i Se ovSe/jiidf; er a'jTO<TTpo<^rj<; rod fjurj ra 'X^prj- fjuar €')(^eiv vfia^, Tt/no/cpdrrj^; ovroal rocrovd' virepel- hev airavra t<x irpwyfiara oocrre TLdrjcn tovtovI tov vofJLOv, hi ov tSv UpMP fiev ')(^pr)fidTcov roix; 66ov<;, twv oalcdv he rrjv ttoXlv diroarepel, aKvpa he rd yvco- 703 aOevd' VTTO T7]<; /BovXtji; /cat rov hrjjjLov koX tov BcKa- aTTjpiov Ka6LcrT7]atv, dSetav he rd KOivd hiapTrd^eiv to3 10 ^ovXojjLevoy ireiroLrjKev, virep hrj tovtcov dirdvrwv 5iKa<TT7jpioLv 5vo1v\ Not 'two courts ' or juries, but a single jury composed of two divisions of the Heliastic court. The whole number of 6000 Dicasts was divided into ten sections of 500 each, so that 1000 remained over, in order, when necessary, to serve for the filling of vacan- cies in the sections. eis eVa koI xiXtous] The num- ber on a jury was always un- even, and if we find 200 or 2000 dicasts mentioned, we are to assume that the round numbers only are given instead of 201 or 2001. These figures may be taken as the extreme limits of an Athenian jury : the most usual number appears to have been 501, at least in the Heliaea, the most dignified of the courts : but Pollux tells us that actions for sums under 1000 drachmas were tried before 201, for larger sums before 401 judges. The higher figures mentioned in the text are supported by Harpocra- tion S. V. rfKiala : cvvrjeaav oi fjikv %iXtot €K dvoiu dLKacTTTjpioiv, ol d^ XiXiot irevraKocTiOL e/c rpiLov (an instance of the use of round numbers, omitting the odd fi- gure). All the known examples from ancient authors were col- lected in Meier and Schoemann's Attischer Process, pp. 138 — 140 : but fresh light has been thrown upon the subject by inscriptions, and Schoemann in his later work, the Antiquities, modified some of his former conclusions. Compare Schoemann, Antiq. p. 474 ff. and Perrot, Essai sur le Droit Public d'Athenes, pp. 242 — 247. — i\p-q(pL(jfihwv with 5t/ca- ffTTjpioLv, an enallage not un- common with the dual number. ToaovO^ virepe75ev] 'treated all the proceedings with such con- tempt.' Some MSS. read roaou- Tov, which seems preferable : but this passage is not among those noticed by Cobet (cf. Androt. § 2 w.). dwoaTepei KadlaTrjcriu] As other passages (cf. §§ 16, 189) imply that the prize-money had at last been disgorged by the ambassadors, it has been thought that we have here traces of a double recension of the Speech (Blass, III. p. 244 ff.). We might, however, explain these presents, as well as ire-rrolriKev below, of the permanent effect of Timo- crates' law, if suffered to remain unrepealed; 'he deprives the gods... invalidates the decisions of the council... and has enabled any one that pleases to plunder the state with impunity.' So K. p. 703.] RATA TIMOKPATOTS. 93 Xvacv €vpL<TKo/jL6v TavTTjv ovaav fxovrjv, el ^ypa-y^d- fMevoi TOP vofjbov Kol ela-wya^ovre^; eU v/jLd<i \vaai, hwalfMeda. ef dpXV^ ^^^ ^^ ^p^X^^^ '^^ Trpax^evTa BLecfML 7r/309 vfjid^i, Lva jmoXKov fidOrfre kol irapaKoXov- drfariTe to?? irepl tov vo/jlov avrov aZiKrjfjLacJtv. 1 1 '^7](j)C(Tfia elirev eu vpTiv ^Apca-Tocpoji/ iXecrOat ^r)Tr}~ § 10. •ypaipaixevoi rbv vojxov^ The title of the speech, Kara. TifioKpoLTovs, shows that not merely the law was impeached but its author personally : on the other hand we have irpos XewTlvrjv, the speech against Die law of Leptines, of. § 33. elaa.ya.yovTe'i et's v/xas] ' bring it before you ' K. Kather ' into this court.' elcrdyeiv, elcrayoj-yr}, cla-ayiHr/ifjios are all technical law- terms: cf. § 14. SUifii] Cobet Var. Led. p. 307 gives the following rules for the Attic forms from (pxc/xaL and its compounds. Fut. el/xt never iXeva-o/xai. Imperf. ya (after Menander yeiv) never iqpx6p.r}v. Imper. tdt not ^pxov. Part. I'wc not ipx^fievos. Such forms as iXrjXuda and ^\dov, the same 'Arrt/cws and 'EWTjftKUJS, did not mislead the copyists. §§ 11—16. Fuller statement of the circumstances of the passing of Timocrates' law. On occasion of a general inquii-y into State debts, information was laid that Archebius and Lysitlieides, who had been trier- arclis, had not yet accounted for the possession of nine talents and a Jialf of prize money which in law belonged to the state. An- drotion, Glauketes and Melano- pus thereupon took the responsi- bility upon tliemselves : they had been sailing as ambassadors on board the trireme which made tJie capture, and they owned to the possession of the sum claimed It was very reasonably proposed that the state should exact the money from the trierarchs, and that a Diadicasia should deter- mine the question of liability as between them and the ambassa- dors. It was at this point, when Androtion and his associates liad exhausted every other means of delay, that Timocrates came to their aid toith his law — the law which we now impeach. Its immediate effect was that the conspirators did not pay a single drachma at the time : but its permanent effects, if it is allowed to stand unrepealed, will be both disastrous and disgraceful, se- curing practical impunity for frauds against the treasury. § 11. ipjp.'ip] §§ 16, 25. ' Api(TTO(p<j}i'] Of the deme Aze- nia, eminent for his oratorical talents, his restless activity as a politician, and his longevity. According to A. Schaefer i. 162 he was born some years before the Peloponnesian war, and only retired from the Bema about 01. 107, 1 (B.C. 352—1, a year after the date of this speech). His long hfe must have nearly coincided with that of Isocra- tes, born 436 ; but it was even longer, as we read that he com- pleted 100 years all but a month (Schol. on Aeschin. Timarch. § 64 iire^iuae /x.^utoi 6 'ApLCTTotpcdu p irr] irapa fxrjva). Demosth. calls him detvbs Xiyeiy, Lept. 94 KATA TIMOKPATOTS. [§12. Ta<;, el Be tl<; olhe nva rj rwv lepwv rj toov oauov XPV~ fidrcov e^ovTa tl ttj^; jroXeco^;, [irivveiv irpd^; rovrov;. jjuera ravr e/jurjvvaev ^v/CTrjfKov e)(^eLV 'Ap^j^e/^tot' Kal Avo-cdeiBrjv Tpi7]pap')(r]aavra<^ ')(^p7]/jLaTa l^avKparc- TCKa, Ti'fjiijfia rdXavra evvea koX Tptd/covTa /Jbvdf;. TTpocrrjXde rfj ^ovXfj, irpo^ovXevfju ijpdcj)?]. fxerd ravra yevo/j.evrj<; eKKXTjala^ 'irpov')(eipoT6v7]aev 6 Srj- 1 2 /X09. dva(rTd<; ^vktij/jlcov eXeyev dXXa re TroXXa Kal BL€^7]Xde TTpo? v/jid<; w9 eXa^ev 77 rpcrjpTj^; to ifXolov p. 501 § 146, and alludes to him in many other passages (see Diudorf s Index Historicus). For his stormy career cf. Aeschin. Ctes. § 194: he used to boast {eToXfj-a aefjLvvveadai) that he had been impeached irapavSfKiJv 75 times and always acquitted. ^rjTrjTCLs] Diet. Antiq. s. v. Zetetae. This passage well brings out the character of these ' inquisitors ' or ' commissioners of inquiry' as an occasional or extraordinary ofi&ce, not a regu- lar magistracy. A period of chronic deficits was likely to lead to their appointment: cf. Androt. § 48 n. 'Apxe/SiOJ/ Kai AvaiOeiSrjv] The name Archebius of Lamptra occurs in Boeckh's Naval In- scriptions as trierarch in b.c. 373 and as still alive in 342 : the latter is doubtless identical with the Lysitheides of Mid. p. 565 § 157 (as irXovatuyraTos he would be likely to be a trierarch) and of Callipp. p. 1240 § 14. XprifJ-o-Ta '^avKpaTCTiKa} 'the proceeds of a cargo from Nau- cratis.' Naucratis was on the westernmost (Canopic) mouth of the Nile, but its exact site is unknown. Having been opened to Greek trade by king Amasip, it long continued the only Egyptian port available for foreigners. Herod. 11. 179. TTpoarfKde rrj ^ovXrj] 'the mat- ter came before the senate,' as Benseler: rather than 'he com- municated with the council ' K. Trpo^ovXevp,' eypdcpr}, 'an order of council was drawn up.' IT povx^i-poT6vrj(Tev\ ' voted for further consideration ' R. "VV. or ' to go into the matter ' Ben- seler. This sense of the word is not noticed in L. and S. On irpo^oTjXevjxa and irpoxeipoTovia*; see Diet. Antiq. s, v. Boule. § 12. fKa^ev 7} rpirip-qs rb ttXo'lov] TrXoLov is, as usual, a merchant ship vav$ (TTpoyyvXr} as distinguished from a vaus ,^ jxaKpa or ship of war. Mr Whiston in his Introduction observes: 'The capture, so far as we can make out, seems to have been an act of piracy.' It was at least a piece of sharp practice. Egypt was at this time in revolt from Persia, and Athens had just been induced by the instances of Artaxerxes III. to abstain from actively aiding his rebellious subjects. The ambassadors may have thought the objects of their mission to Mausolus likely to be forwarded by an act which would not be displeasing to his p. 703] KATA T1MOKPATOT2. 95 rj yieXavcoTTOV ayovcra kol VXavKeTTjv Koi *AvBpoTicova irpea^evTa^ cej? ^avacoXov, fo<^ eOecrav rrjv iKerrfpiav wv '^v ra ')(^prjfjiaTa avOpcoiroi^, W9 dire'^eiporovrjaaB' * avOpoiiroi libri et Edd. ante Bekkerum. overlord the king of Persia : and after the ship had been 'con- demned' as 'lawful prize,' they had the further satisfaction of keeping the proceeds in their ownpockets. The opening words of the Second Argument, TToX^/xou TvyxdvovTos ^AOrjvaioiSTrpos (Saai- Xea, give an inexact view of the political situation. MeXdvojirov Kai TXavK^njv'] These men and their surround- ings are described below §§ 125, 126 with abundance of sarcastic detail. irpea-^evrds'] The rule that vpia^eis is used as the plural of Trpe(TJ3euT7]s appears to have been an Attic refinement, to which even in the best age writers less careful of their style might fail to conform. We do not find irpecr^evTai, for instance, in the purist Isocrates ; and the present passage (not noticed in Eeiske's Index) is perhaps the only one in Demosthenes : but we find it in Andocides (de Pace, last §) and Deinarchus (c. Demosth. §§ 20, 82). The examples for- merly quoted from Thucydides (viii. 77 and 86) are now brack- eted as glosses (Classen). ws MavffcvXou] This is the prince whose famous Mauso- leum we are beginning to know better through Mr Newton's explorations. On his coins the name is spelt MAT22i^AA02. Demosth. speaks of him after his death as having been the prime mover in the Social War of 358 — 355 B.C.: deEhod. Lib. p. 191 § 3 -gridaavTO p-kv yap T)p.a.s iTTipovXeveiv auTois X?oi Kal Bv^dvTlOL KOL 'PoStoc, KOl dtoL ravra (XweffTiqaav ecj> i}/xds rbv TeXevTOLOv rovrovi iroXep.ov' ^avr)- fferuL 5' 6 pev irpvTavevaas ravra Kol ireiaas Mava cjXos. Compare Grote, ch. 86, (vii. 654). The date of the embassy is fixed at 355, the last year of the war: Mausolus himself not being at open war with Athens, but act- ing a double part with a view to his own aggrandisement. 'ideffav rT)v lKtTripiav\ *how the people to whom the cargo be- longed presented their petition ' K. It is hterally 'placed the suppliant bough ' [epioareirrov KXddov, Aesch. Suppl. 22, ramos vitta comptos, Verg. Aen. viii. 128) upon the altar [iKerrfpia Kelroj. inl rod ^u}pov, An doc. de Myst. § 112 : the whole passage from § 110 is a curious illus- tration of the subject). In Aeschin. c. Timarch. § 104 we have LK€rT]plav divros els ri}v ^ovXijv virep rov ptaOov : id. de Pals. Leg. § 15 iKerTjplav divres oi oUeLoi ideopro vp.Qu (where Dind. and Benseler omit eu rdp dripxp with the best MSS.) : Demosth. de Cor. p. 262 § 107 oi''X iKerrjpiap edrjKC rpL-qpapxos ovbeh ws ddiKovpepos. Below, §53.^ d)j direx^i'Porovrjffad^ U/ueZs] (xtto- X'^i-porovelv is to 'vote away' from a man (1) an accusation, i.e. acquit him, c. Mid. p. 583 § 214 : (2) an office, i. e. depose or supersede him, c. Aristocr. p. 676 § 167, Deinarch. c. Phi- loci. § 15 : and so to reject pro- 96 RATA TIM0KPAT0T2; [§§13—15. Vfi6L<; firj <f)L\ca elvai. rore dvefMvrjarev vfjbd<;, to 1)9 vo/JLOv; dvejvoy, KaO* ov<; tovtov tov rpoirov irpa')(^dev- Tcov Tt]<; 7roX.6a>? ylyverac rd '^pij/jLara. iSoKec hiKaia 13 Xeyetv v/xlv diracnv, dva7r7)hr)aa<: 'AvSporlcov koI TXavK6Tr)<; koL MeX.ai^ajTro?'^ (/cat ravra^ (TKoirelre 704 dv dXrjOrj Xe7w) i^6(ov, Tjyavd/crovv, iXoiBopovvTO, direkvov tou9 Tptr}pdp')(^ov<^^ L^'x^^^ a)fxo\6<yovv^]^ Trap* iavTol^; ^TjreXv rj^lovv rd ')(^p7j/jLara, ravr aKov- * [ical MeXdj/WTTOs] Bens. ' ravra Z Bekk. Bens, cum STfir. «* sine uncis Z Bekk. Bens. posed sureties as insufficient, below § 85 : (3) as here, property, Lat. abjudicare, 'condemned it in the prize court as enemy's goods.' The emphatic v/j.eis seems to imply a popular vote, not a dicastery: the probable results to neutral goods may be easily imagined. t6t€ avifjiV7)(Tev I'/xas] These words are certainly a little ab- rupt as they stand, but I do not think that Benseler improves matters by striking out the full stop and connecting them with wj d7rexet/)0T0J'i7(7are. A slight correction, following some traces in the MSS., is rbre dvifiurjaev vfxas rods vofMovs ous dv^-yvu : the relative may easily have been lost by homoeoteleuton. A still neater one is simply to omit dviyvu), as added by some one who did not know that dva/MfMvrja-KO} could be joined to a double accusative. This is Mad- vig's correction, Advers. Crit. i. 460: he compares Xen. Anab. III. 2 § 11 dvafjLvqata vfias /cat roi)s Tuv irpoybvwv kipSvvovs [Demosth.] c. Timoth. p. 1185 § 1 eTTCiSdj' v/xas dvafiv-qao) tov re Kacpbu K.T.X. I have little doubt that this conjecture is right: it was suggested to Madvig by his pupil Nutzhorn, a promising scholar cut off by an early death. The orator is said to read the laws when he bids the clerk read them : comp. Mid. p. 517 § 10, where /SouXo/xat dvayviSvai is followed by the usual fornaula A^7e Tbv vbfiov, and below § 48. TTpaxd^vTusv] This rather ob- vious gen. abs. gave trouble to some of the earlier editors : 'things having been done in this way, the money belongs to the state.' § 13. dvaTnjdricras] Androt. § 10 w. CKOirelre du dXrjdi} Xdyu] As he is appealing to their recol- lections of a past fact, we should expect et aX-qdrj Xiyio. diriXvov] 'exonerated.' The words ^x^"' CuixoXoyovv are bracketed by Dind, after Dobree, who thought they might have crept in from Libanius' Argu- ment p. 695 init. However we decide this point, tto/j' iavrois must go with ^rirelv: 'desired that the inquisitors should look to them for the money,' seek it in their possession: not of course = Trap' iavruy, seek it from them. p. 704.] KATA TIMOKPATOT2. 97 advTCOv vfJboov, iirei^r) iror eiravaavO' ovtol /3oft)i/Te9, eBcoKe ffvdfjLTjv ^vKTr'njLwv 0)9 hvvarbv BcKacoTaTTju, vfid<i fiev ela-TTpaTTetv roix; TpLr)pdp'^ov<;, eKelvoi,^ S* elvai irepl avrcov et? rov^; e')(0VTa'^ dva(^opdv ' edv S* d/jL(f)icrffr]T7JTaL ri, iroielv BiaBiKaa-lav, rov 8' tjttt]- 14 Oevra tovtov o^elXeLv rfj irokei. ypdcj^ovrac to ■^TjcjiKT/JLa' eZ? vfid<; elarjXOev' Xva avvrepba), Kara TOV<i v6/Jbov<; eSo^ev elprjaOat kol d7re(j>vy€v. evravOa TL irpoariKev ; rd fiev 'X^prjfiar e-)(eLv rrjv iroXiv, rov S' diroarepovvra KoiXd^eiv ' vofMov S' ouS' onovu ovhevb^ BtJttov TTpoa-eSec. f^ixP^ f^^^ ^^ tovtcov ovBev r}Biicr}(T0* VTTO TL/JLOKpdTov<i TOVTOvL jJL6rd TavTa Be irdvT dveBi^aro i<j>' iavrov rd irpoeiprj/jLeva, Kal irdvra tjBcKTjfievoc (pavTJaecrd^ virb tovtov' Tal<; yap €K€LV(0V TixvaL<i Kal nravovpyiai^ fJLiad(il)aa<^ avTov Kal irapa- o-^aiv viT7jpeT7)v i(j) avTov rjyaye TaBiK^/juaTa, cJ9 iyco I5a>/ce yv(ifji.7)v . . . dtKaiOTonjv] yvdfXTju 8td6vai is rare for aTro- <f)aiv€adai or X^yetv. SLKaioTaTrju is here objective, 'perfectly fair and reasonable :' in Boeot. de Nona. p. 1006 § 40 yvufiri ry StKaioTOLTTi diKaaeiv oixwjxoKaTe it is subjective, ' to the best of your knowledge and belief,' 6.va<popdp'[ 'recourse : ' a rather different sense from that in de Cor. p. 301 § 219 duafopau d tl yivoLTo 'a resource, shift, if any- , thing went wrong :' orinAeschin. Fals. Leg. § 104 ttjv els to d0a- vks dvacpopav 'recourse to con- cealment.' dLadiKaaiav] Diet. Antiq. s. v. The State merely required that payment should be made, leav- ing it to the parties to settle among themselves upon whom the loss should fall. We may here translate ' try the question of ownership.' W. D. § 14. ypa(}>ovTai\ ' They in- dict the decree; it came into court ; to cut the matter short, it was considered to have been moved legally, and the verdict was in its favour.' K. eiaip- %e(r^at as a law term is cor- relative to daayeLV § 10. dveM^aTo e0' eai/ro^] ' Took everything which I have men- tioned upon himself;' nearly = e(f> avTov rjyaye rddiKi^fiaTa below. vTrrjpeTrjv] Max Miiller has connected this word with the root ar to plough, Lect. on Science of Lang. i. p. 254, quoted by E. W. Curtius shows cause in favour of the tradi- tional derivation from er to row, the root of ipia-aeiv, rpi- ripr)$, irevTTjKovT-ep-o'i and of Eng. oar. " The Pet. Diet. [Sanskrit, by Bohtlingk and Eoth] com- pares with vTT-rjp-e-TTj-s, Skt. ar- 98 KATA TIMOKPATOTS. [§§ 15—17. 15 cra^oS? viJblv iiriSeL^co. dvdyKrj Be nrpwrov virofxvrjaai, Tov<; y^povov^ vpid^ koI tov Kaipov ev w tlOtjo-l top vofiov' /cat rydp v^pta-rtKux; Trpoa/cex^evaKco^^ t>fid(; <j>avr)(TeTai. tjv fiev jdp aKipo^optdiv ^rjv ev w rd^ rypa(f)d<i yTTTjvTO i/ceLVOL Ta9 /card rod ^vKrrj/juovof;, fiiaOcocrdfievoL Be rovrov /cal ovBe TrapeaKevao-fxevoi rd Bl/caia rroieZv vplv Kara rr]v dyopdv XoyoTrocov^ ^05 Kadleo-av co^ dirXd fiev eroL^oi rd ^^T^/xar' i/crlvecVy " Trpoa-€KK€x^evaKus Z Bekk. Bens. a-ti-s servant, help. This mean- ing suits well enough the wider sense of virrjp^Trjs, but not the narrower ' oarsman,' which the word with its derivatives cer- tainly has. Hence ar-a-ti-s may have been derived directly from the fundamental notion of going, striving [he further compares 8 pa, root of Bpdui], vtttip^ttjs on Greek soil immediately from that of rowing." Gr. Etym. p. 344 = 1. 428 E. T. § 15. rovs xPO''oi^5...t6j' <cat- phv\ 'the dates... the occasion:' ' die Zeit und die Umstande ' (circumstances) Benseler. R. W. refers to Aristocr. p. 666 § 141 iv Tl<n KCUpOLS Kal xp^vois, and c. Neaer. p. 1357 § 35, where xpo^os is explained by the mention of the archon, kcu- pos by iv (^ ixoXe/xeW^ v/meh. TT/socr/cexXeya/ccbs] The best MSS. here give Trpoacic/cexXeua- KU)s, a preferable reading as the double compound was more likely to be altered. Dindorf here stands alone. (XKipoipopKhv] The last month of the Attic year, ending with the summer solstice (May — June). It seems probable that ' the screw ' was then put on in order that the year's ac- counts might be made up. There is an important passage in Andoc. de Myst. § 73 77 fi^r iKTiaLS rjv eirl ttjs evaTTjs wpv- raveias, el d^ firi, dnrXdaLov ocpel- \eip Kal TO, KT-qiiaTa avrOv Treirpd- cdai. The authority of Ando- cides does not stand high as to matters of fact, but on the point of law he is at least more trust- worthy than the document quoted below §§ 39, 40. It has not been explained, so far as I am aware, whether the 'ninth Prytany' was to be reckoned from the time the debt was adjudged, or meant the par- ticular time of year. Taken to- gether, these passages clearly point to the latter conclusion. The nine prytanies would cor- respond approximately to the first eleven months of the year ; the tenth would include the month Scirophorion and the last few days of Thargelion; and it was then, I believe, that the State's demands became peremptory. —e/ceii'ot] Androtion and the other ambassadors. XoyoTTOLoijs Kadieffoy] ' they sent persons down into the Agora to spread a report :' a rare sense of XoyoiroLos, but it occurs Theophr. Char. 8 (6), and Xoyo- iroLeiv is common enough, e.g. Mid. p. 578 § 198 Trepaw eXoyo- p. 705.] KATA TIMOKPATOT^. 99 1 6 StTrXa Be ov BvvT](rovTac. tjv he ravT evehpa fierd 'XXevaaia^ koX Karaa-Kevaafjub^; virep rod \a6elv rovhe rov vofjbov reOevra. [laprvpel B' otl ravd^ ovrco^ e^ei Tovpyov avTO' rwv fiev yap '^^^prjfjLdrcov eKe[voi<; roi'^ ■^povoL^; Bpa')(fJLrjv ov /careOrjKav v/jlcv, vofxw 5' evl ifkeLdTov^^ Tov<; V7rdp'^ovTa<; dKVpov<i eiroLrjarav, koI T0VT(p Twv TTftjTrore eV vpuv reOevTwv ala'^iaTw Kal BetvordTw. 1 7 3ov\ojiiai Brj fiLKpd Bce^e\6cov irepX twv Kei/juevcov vo/jLcov, Ka6* 0^9 el(TLv at rocaiBe ypa(f)al, irepl avrov Tov vofiov Xeyeiv ov yeypafM/JLaC yevrjaeaOe yap ev/iia- OearepoL 7r/)09 rd Xoiird ravra irpoaKova-avre^. eariv, (o di/Bpe<i ^ AOrjvatoLy ev tol<; oixtl v6fioL<; ij/jLtv KVpioL^ *> TrXefous Z Bekk. Bens, cum lihris. iroUt. AoyoTTotbs usually means (1) an historian, 'E/caraios d XoyoTTOLbs Herod, ii. 143; (2) a speech-writer, like Demos- thenes himself. § 16. ividpa fiera x^fi^cto'^as] 'an impudent conspiracy' K., ' a trap, in which they tried to catch you,' as Benseler explains it. — KaTaaKevacr/iws, Androt. § 2n. eKelvois TOis %/)6»'ots] * in all that time [such is the force of the plural] they had not paid you a drachma :' rather than ' did not pay,' as K. It is ad- mitted that the money had now been paid (cf. § 189 «.). irXeiarovs] A correction of Dobree's, silently adopted by Dindorf. The Zurich editors suggest -rrdvTas as more in ac- cordance with the usage of Demosth. iu v/Mv] Below, § 211. §§ 17—19. I will first state briefly the rules which govern new legislation, any breach of which renders the proposer liable to impeachment {ypa(pii] irapavo- fiwv). Timocrates Ms broken not one, hut all of these rules: I must therefore take the charges one by one, and speak separate- ly of each. But first the laws embodying these rules shall be read : you will then see that he complied with none of the legal requirements. § 17. y^ypafifiai] The mid- dle sense of the verb here is followed in the course of a few lines by examples of the passive {yeypafifji^i/os) and active (ypa- €v TOLs—Kvpiois\ There is here a redundancy of expression, em- phasizing the inexcusableness of T.'s conduct : ' in the existing laws, in force among us, is clearly and accurately defined everything which is required to be done in the case of laws about to be proposed.' So K., nearly. 7—2 100 KATA TIM0KPAT0T2. [§§18-20. Sccopiafjuiva aKpLP(o<; koX cra0a)9 irdvO' ocra Set iroLelv 18 irepl Tcov fJueWovTcov reO^aea-Oao vofjucov. kol irpwrov /lev airavTcov ')(^p6vo'^ iarl fyeypa/jL/ji6vo<;, iv u> TrpoarjKei vojJLoderelv' elr ovSe roO^ 009 av eKdarw BoKy 8eScoK6 Tovro TTpdrretv, dWa TrpocrrdTreL irpwrov fiev €/c- Oelvai irpoGOev rwv iTrcovvficov typd'y^ravra (TKOirelv tw fiov\ofjL6V(p, fierd ravr iirl irdau rov avrov vofiov Tidevai Ke\ev6i, irpb^ rovToi^i \v€lv tov^ ivavTiov^^ aXKa TTepl (Lv ovhev '1(T(d<^ vfia^ Kareirel'yet. vvv aKovaai. uv Be rc^ tovtcov ev irapa^fj, to3 ^ovko- ig fievq) BlBcocri ypdcfyecrdac. el /nev ovv firj irdaiv '^v evoyp'i TOVTOL<; TifioKpdTi]'; koX Trap a, Trdvra ravr el<T6vr)v6')(eL top vo/jlov, ep av avrov tl<; eTToielro Karrj- §18. 5^5wKe...7rpoo-r arret] It is easy to supply d vo/xod^Ttjs. The indirect turn of the phrase may be preserved by translating 'it is not permitted '...'it is enjoined. ' €K6€2vai] Another 'locus classicus ' on Athenian legisla- tion is Aeschin. Ctes. §§ 37—39, where we find the same pro- visions for exhibiting the new law in writing before the statues of the Eponymi {dvay€ypa<p6Tas iv aavicTiv, cf. below § 23 ava- ypoApa^ els XevKWfxa), and for repealing inconsistent laws. In Demosth. Lept. p. 485 § 94 a further guarantee for publicity is mentioned: iKdelvai irpSaOe TU)V iwupiifjuav Kal t<^ ypa/mfxaret TrapaSovvai, tovtqv 5' iv rdis iKKXrjaiais dvayiyvivaKeLv, 'iv CKacTTos v/xcov TToXXd/cts /cat Kara (rXoXiyj' <XKe\j/afxevos av y Kai Strata K-at (rvpt,(l)ipovTa, ravra vofioOerrj. The statues of the heroes, after whom the ten tribes were named, stood in the Cerameicus near the Tholos (Paus. i. 5 § 1: Wolf, Prolog. Lept. p. 133). eirl TTciai, tov auroJ'] ' applying to,' whether 'for' or 'against.' Cf. §§ 59, 135, 159. The few exceptions to this rule were fenced in by additional safe- guards. ' Privilegia, ' whether against an individual (' bills of pains and penalties ') or in his favour, required to be passed by 6000 of the people in as- sembly, voting secretly. Of the former class, ostracism is a well- known example : of the latter may be instanced the natural- isation of foreigners (c. Neaer. p. 1375 § 89), and the restitu- tion of civic rights to the Htl/xoi, below § 45 if. Demosth. en- larges upon this topic below, §§ 59, 60. r(p ^ovKofiivi^ dldwcri ypd<p€- adai] The full phrase is np ^ov- \ofj.ivci}, ots i^eari, i.e. qualified by age (twenty) and not dis- qualified by Atimia. Below, § 105. § 19. Trapa vavTa — rbv vofiov] ' if he had violated all these con- p. 706.] KATA TIMOKPATOTS. 101 joprjfMa, o TV hrjirore tovt tjv' vvv S' dvayKrj KaO* eicacrTOV %ft>/3't9 irepl eKaa-rov BieXo/mevov Xifyeiv. nrpw- 706 Tov fjuev ovv, oirep rjSlKTjae Trpcorov, tovt epco, co? irapa 7ravTa<; tov<; v6/jlov<; ivojJLoOeTei, eiTa twv aWcov ef^? o TC av f^ovXofievoL^ vpXv aKoveiv y. Kai jjloi Xa^e TovTovcrl Tov<i v6/JLov<; Kol dvdyvwdt,' (^avrjo-eTai yap TovTcov ou^ev TreTTOiTy/cco?. Trpoo-e^ere, to dvSpe<% ScKacrTal, tov vovv dvcLyiyv(0(TKOiiivoi<^ toI<; v6fioc<;. EniXEIPOTONIAP NOMIIN. 20 ['EttI Be T^9 TTpcoTTj^ iTpvTavela^i Tjj ivBe/caTrj ev t<m P Eni XEIPOTONIAN Bens, cum S. ditions in introducing his law ' K. rightly, preserving the force of the article. 5u\ofxevov^ ' H. 1. idem valet quod SteXoVra' Dind. In this sense of ' distinguishing ' the active is more common, as in Aristocr. p. 637 § 54, i. Aphob. p. 817 § 12 xwpts '€Ka<TTov Sce- Xeiv. We find, however, Plato employing diaipecv and ScaipeT- adai indiscriminately in the sense usual with him, of ' ex- plaining,' Protag. 314 b. 339 a. ws wapb. Trdvras] Madvig Ad- vers. Grit. i. 460 suggests wv for COS : but the text yields a sufficiently good sense. That T.'s law is contrary to the existing laws is not the only objection to it ; there are others grounded on its ill effects, and these are referred to in rwv dXXiov. TovTovai] ' Pointing to them in the hands of the officer ' R.W. §§ 20—23. Revision of the laws. These §§ profess to be the actual laws which the speaker has just called upon the clerk to read. But like the other documents inserted in various speeches of Demosthe- nes, they are now universally acknowledged not to be genuine. There are, however, degrees of spuriousness according as the documents have been compiled from ancient and authentic ma- terials by well-informed writers, or by late and ignorant gram- marians deriving, in some in- stances, all their information from the context. Dindorf fol- lows Franke and Westermann in regarding the present §§ as belonging to the better class, and in the main founded upon ancient authorities (compare §§ 27, 33, 39—40): but it must be admitted that they are very clumsily put together, and con- tain unmeaning repetitions and irrelevancies. These will be pointed out in detail. The no- tion of Taylor, that the docu- ment contains extracts from the laws as they were actually read to the court, and that this cir- cumstance is sufficient to ac- count for their fragmentary character, is much too favour- able to it. § 20. 'EttI 5^ TTJS irpCOTTJS TTpV- ravetas] This may have been 102 KATA TIMOKPATOTS. [§§20,21. BijfiQ), eireihav ev^Tjrac 6 Krjpv^, i'TTi')(^eipoTOviav iroielv Twv vojjboiv, TTpoorov jjuev irepl twv ^ovXevroKoop, Bevre- pov he Twv KOivooVf elra ot Kelvrai rot? evvea ap')(ov- (TLv, etra rcop aWcov dp'^wv. ?; S' eTnx^ipoTovla'^ earo) tj irpojepa, oro) Bo/covaiv apKelv ot vo/jlol ol ^ovXevTCKol, rj 8' varepa, ortp /jltj BoKovaiv' elra toov KOLVoov Kara Tavrd. rrjv 8' iiri'^eipoTOplav etvat ^ XcipoTovia Bens, cum S, a mere inference (though pro- bably a correct one) from the orator's words in § 26. The Kijptai iKKXTjaiai were held on the eleventh, twentieth, and thir- tieth days of each prytany: hence the 11th of Hecatombaeon would be the first assembly of the first prytany of the year. iirixfi-poToviau iroieip] ' The question shall be put to the vote about the laws' whether they are to be confirmed as they stand, or to be revised. The legislative formula, expressed in Latin by the third person imperative, in Greek varies be- tween the imperative {deB6xO(a, cf. elaayovTuv, dvuovTWv § 22) and the infinitive {deboxdcLi, cf. iroulv, xpvP-°-T^^^i-^ § 21). Hence it is hardly necessary to supply with Eeiske Set tovs vpvTdveis : but the latter part of his note gives the sense of ewixeiporopia more accurately than some later interpreters : ' danto prytanes concioni facultatem leges ve- teres suffragio suo confirmandi.' Those who voted for the con- firmation of the law as it stood were said eTTLx^tpoTovelv, those who thought it needed revision, diroxeipoTovelv: the division on this question is diaxeiporovLa, below § 25. So with regard to the iTTLx^ipoTona tuu dpx<^v or vote taken on the conduct of magistrates in the first assembly of each prytany: cf. Diet. An- tiq. s. v. Cheirotonia. ^ov\€VTiK(2v] 'those which con- cern the senate,' opp. to Koivtov, of general application. A dis- tinction, as it seems to me, more likely to have been drawn by a grammarian than by bu- siness-like Athenian legislators. And in the words which follow elra oi Keivrai k.t.X. there is a tolerably evident confusion be- tween eiTLX^ipoTovla tuv vd/xoou and ^TTiX' tCjv dpxCi)v. On the whole I suspect that the authen- ticity of the matter of this do- cument, apart from its defects of form, has been rated too highly by the writers just re- ferred to. 7] 5' eirLX^ipoTovia] The right reading is certainly 17 U x^^po- Tovla, ' the first question put to the vote.' So Benseler after MS. S : cf. Westerm. i. 16 (Ab- handlungen). The first ques- tion is, in effect, ' Does any one wish to introduce a bill to amend any law ?' If there was no an- swer, the second question need not be put at all. rrjv 6' eirLxeiporovlav] ' A clause which seems mere sur- plusage, with no reference to the orator's argument.' E. W. p. 706.] KATA TIM0KPAT0T2. 103 2 1 Twv vo/jLcou Kara tov<; v6fiov<; roi)? K6C/jl6Vov<;, iav Be TLve^ Tcov vo/jlcov toov Keifievodv diro^eipoTovrjOcoaCf rov<i irpvTOLveL'i, e^' aiv av rj iiTL'^eipoTOvla yivrjrai, iroLelv irepl tcov d7ro')(^ecpoTov7]6evTcov rrjv reXevTalav Twu rpLMV e/CKXrjCTLoov' toi)? Be irpoeSpou^j ot av Tv^cocri, TTpoeSpevovref;^ ev ravrrf rfj eKKK/qaia, ')(pr)yba-' ' TapeSp. Bens, cum S. It is impossible that such a platitude can ever have formed part of the law. §21. i(p' wy av 1^ iirix^ipoTovia] K 's version, * in whose term of office the condemnation shall have taken place,' follows an inferior reading airox^i-poTovia. ' Vote ' is the rendering of the text : ' in dereu Amtszeit die Abstimmung fallt,' Benseler. TTOietj'] * shall appoint (§ 20 n.) the last of three assemblies (of the current prytany) for the consideration of the laws de- nounced. ' Trpoe5pevovT€{\ It is just pos- sible that the ' falsarius ' in his admiration of legal tautology may have written this : but irapedpevovres seems every way more probable: it is the reading of the best MSS. and, of the two, the more likely to have been al- tered by the copyists. The tra- ditional account of the Proedri and Epistates has been corrected by recent scholarship. ' The statement of some later authors of slight authority that ten proe- dri at a time were chosen from the Prytanes for seven days, and from among them the Epistates, finds no confirmation from more trustworthy sources ' (Schoe- mann, Antiq. p. 377). But, at some period between 378 and 369 B. c. the following arrange- ment was introduced : ' the Epis- tates of the Prytanes chose by lot one proedrus out of each of the remaining Phylae or sec- tions of the Council, and there- fore nine Proedri in all, of whom one served as president in the fuU sittings of the Coun- cil, as well as in the Popular Assembly, and was likewise called Epistates' {ibid, cf. p. 382). The following points should be noted in correction of the common account: (1) There were not two classes of proedri, one of ten members, the other of nine : but one of nine only. (2) Two officers, not one, bore the name of Epis- tates : the Epistates of the Pry- tanes, and the Epistates of the nine Proedri. (3) The former was chosen by lot directly from the fifty Prytanes : not by a double process, as one of ten Proedri. It is easy to see that when the eTrto-rdrr^s rw*' irpoi^pwv (Aeschin. Ctes. § 39) had be- come confused with the ^iri- a-ToiTrjs T(j}u irpvTave(av or Epi- states properly so called, the result would be (a) the notion of 10 proedri as a subdivision of the 50 prytanes: (6) when it was discovered that the proe- dri must be distinct from the prytanes, as representing the other nine (non-presiding) tribes, 104 KATA TIMOKPATOTS. [§§22,23. 22 Ti^eiv iiravayice'^ TrpcoTov /juera ra lepd irepl rcov vofJboOeroQV, KaO^ o n KadeSovvrai, koI irepl rov^ dpyvpLov, oiroOev rot? vopLoOerai^ earai' roi)? Be vo/jLo6iTa<i elvai etc roov o/jLco/jlokotcov tov rfXtaariKov '6pKov. edv 8' 01 '7rpVTdv6i<; jxrj ttolwctl Kara rd jeypafjLfiiva rrjv iKKKycrlav rj ol irpoehpoL pbrj '^prjixaTL- acoai Kara rd r^e'ypafjbp.eva^, o^elXeiv rcov jxev irpind- vewv CKacTTov '^Ckla^; Spa'^pid^; l6pd<; ry ^AOrjva, roov yoy Se irpoehpwv eKaaro^ v<^ei\eT(i) rerrapaKovTa Spa- XH'ds lepd<; rfj ^AOrjva. koX evhei^i'^ avrcov ecrro) tt/jo? Tov<; OeafioOera^;, KaOdirep idv ti<; ap'^r] 6(pel\cov toJ * TOV om. Z Bekk. Bens, cum SFTii. *■ KarcL ra yeyp. om. Bekk. the further notion that there were two distinct sets of proedri. To return to the text : the nine proedri may well have been, as Benseler remarks, a sort of 'assessors' [irapedpos, vapebpev- eiv) to the prytanes: while the phrase ot du tj/xwci expresses the fact of their election by lot. XPT^/iOTtfetj'] In the usual sense of the word, ' to bring forward a measure in the Ec- clesia,' corresponding to referre in Latin : cf. Shilleto on F. L. p. 430 §278 = 317. Trepl Tuv vo/xodeTcSv^ ' concern- ing the law-revisers, in what manner they shall hold tbeir session, and how their pay is to be provided' K., cf. Diet. Antiq. s. v. Nomothetes. The passage throws light on the constitution both of the Nomo- thetae and the Heliastae. The former were not a permanent committee of the latter, but were chosen for the nonce, when the (third) Ecclesia had ruled that a given law was to be re- vised: the number seems to have varied according to the importance of the law under cri- ticism (below § 27 n.). They were chosen from among those who 'had sworn the Heliastic oath' (cf. below, §§ 58, 149—151) : hence we learn that the oath was administered, not to each jury as it was impanelled, but once for all to the whole body of the Heliastae at the begin- ning of each year, § 22. 6(p€i\€iv ... 6<p€L\eT0)] 'shall forfeit,' § 20 n. So ^v- dcL^Ls auTwv ^o-rw, ' an informa- tion shall lie against them :' roi)s evdetx^evTas — dvLOVTWV, ' shall bring the parties informed a- gainst into court according to law, or they shall lose their promotion to the Areiopagus' K. For the rule of admission to the Areiopagus compare the Argument to the Androtion, p. 589,^ 6. idv Tis apxv 6(f>ei\(>}v'\ This was the oifence against which ^vdei^is was more especially di- rected. Comp. Diet. Antiq. s. v. ' ^ OF THE KATA TIMOKPATOTSKUlTIYoERSr ,E LI P. 707.] yovTcov et? ro SiKaarypiov Kara rov vofiov dvLOVTWv el<^ "Kpeiov ira'yov, (o<; KaraXvovre^ rrjv 23 eTTavopOcocrov twv v6/jL(ov. irpo he r?}? iKK\r)a[a^ 6 ^ov\6p>evo<^ ^Adrjvalcov eKTiOirco irpoadev twu iircovv- ficov ypdylra^i rov^i v6/jLov<; ov(; dv rtOf}, ottw? dv Trpo? TO ifXrjOo^ Twv reOevToav voficov yjnjcjyicTTjTac 6 Bfj- fio^ nrepl rov ')(^p6vov toU vofioOerai^. 6 he riOeU rbv Kaivov vofjLOV, dva^pd'y^a<; eh XevKcofxa, eKTiOerco irpocrdev roov eTTcovvfjLcov 6aT}fju€pai, eo)? dv rj'' eKKkrjala yev7)Tai. alpeladai he koI toi)? o-vi^aTroXoyrjo-ofMevov^ ^ il om. Bekk. Bens, cum libris. Endeixis: and for the attitude of the Athenians towards state debtors, Androt. § 48 n. KaraXvovTes] ' making the a- mendment of the laws null and void ' by their obstructiveness. § 23. iKTiO^TU) Trpbadev t<2v iirwvvixwv] § 18 n. That the sentences in which this clause is repeated could not have form- ed parts of the same law, was seen by Taylor, and after him by Westermann, Benseler, and Whiston. The attempt of H. Schelling to distinguish them as applying (1) to proposals of new legislation by individual citizens, (2) to laws already referred by eiTLxetpoTouta to the Nomothe- tae, passed by them, and now awaiting their final ratification by the assembly, has not found favour with his countrymen. As Benseler remarks, the 'white board' must have been in use on both occasions. •^ €KK\rjaia] The article is added from a conjecture of Do- bree's, and seems necessary to the sense. — xpricpla-qTaC] ' may determine what time shall be allowed for the law-revisers ' K. Toi>s (Tvvairo\oy7](xoiJihovs\ The name awriyopoi (below § 26) or c{!v5lkol (Lept. p. 501 § 146) was given to several classes of per- sons appointed to speak on be- half of the public, and holding what we might term a govern- ment brief. We find them here and Lept. I.e. appointed to argue in defence of the laws which it was proposed to re- peal: conducting the prosecu- tion in cases of Eisangelia, and then usually ten in number, and also called Kar-^opoi [Diet. Antiq. s. v. Eisangelia). For other purposes the number varied : thus we have four avv- diKOL defending the law against the proposal of Leptines. They were not a permanent body, but were chosen for each occa- sion: and they are to be dis- tinguished from the a-vv-fjyopoi KXripcoTol, of whom there were also ten, who aided the Logis- tae in auditing the public ac- counts (Schoemann, Assemblies, p. 108 : Westermann, ap. Pauly s.v. (Tvv^yopoi). 106 KATA TIMOKPATOTS. [§§24—26. Tov Brj/jLov TOL<; v6fioL<;, ot av iv rol^; vo/noderaif; Xvcov- rav, irevre av^pa<^ e'f ^Adrjvalcov dirdvTcov, rrj evhe- /cdrrj TOV €KaTOfj.fiaca)vo<; fjbrjvo^.] 24 OvTot irdvTe<i ol vo/jloo Kelvrai ttoXvv r/Br] ')^p6vov, ft) dvSp€<; BcKaa-Toly kol irelpav avTcov TroWd/cKi BeBco- Kaaiv on aviM^epovre^; vpXv eiGi, koL ovBe\<; irwirore avrelire firj ov KaXw<; e^etz/ avTov^;. elKorco^;' ovBev ydp cofjLov ovBe ^laiov ovK 6\Lyap')(^LKdv Trpoa-rdrrov- aiv, dWd TOvvavTLOv irdvTa ^CkavOpcoirw^ koL B7]/jlo- 25 riKQ)<; (fypd^ovao irpdrreiv. koI Trpcorov fjuev 6<^' vfilv iTTolrjaav Bta'x^ecpOToviav, irorepov 6LcroccrT6o<; earl v6- yLto9 Kaivo'^ r) BoKovaiv dpKelv ol KelfxevoL' fierd ravra 8* dv '^etp0T0P7]a7]Te^ €lo-(j)€p6Lv, ov/c evdv<i riOevaL " XeipoTovrJTe Z cum Sr. x'^'-P^^^'^^ Bens. T^ evSeKCLTTi TOV eKaTOfijSai.- <Svos fjt,T]i'6s^ That the cwriyopoL who were to defend the old laws should be chosen at the very first assembly of the year, be- fore it was known what amend- ments would be proposed, and which -of them would pass the preliminary stage and reach the Nomothetae, is justly regarded as a very suspicious circum- stance by Westermann, Franke, and others. The more closely this document is examined, the less will it appear even to be compiled out of genuine ma- terials. §§ 24—27. These laws are of long standing and of proved ex- pediency : there is nothing ar- bitrary or oligarchical in their provisions: nothing but what is temperate and breathes the spirit of our popular institutions. They provide ample safeguards for the leisurely consideration of every proposed new law. But Timo- crates complied with none of these rules : he neither gave his law the required publicity, nor invited discussion, nor waited for any of the prescribed periods. He smuggled his law through on the very next day : the words of the decree appointing Nomothe- tae for the occasion are sufficient to prove timt the whole affair was a conspiracy of Timocrates and his associates. § 24. (ppd^ovcn TrpaTreiu] Nearly = TrpocrraTToucrt;' above: but the use of (ppa^ecv for /ce- Xeveiv is extremely rare in prose. § 25. icp' vfuv] The Siaxei- poTovia {§ 20 n.) really belonged to the people in Ecclesia assem- bled: Demosth. here assigns it to the jury he is addressing by a complimentary turn of phrase not unfrequent in the Orators. Comp. § 11, "^^(pia/jt,' elirev iv VfJUP ^kpL(TTO(pQlV. XeiporovrjcrrjTe elaipipciv] Ben- seler is almost certainly right in avoiding the hiatus: on the p. 708.] RATA TIMOKPATOTS. 107 Trpoaira^av, dWa Trjv rpirrjv aTreSei^av i/cKXTjcrlav, KoX ovS* iv ravry TtOevai SeBcoKacriVy dWd aKe'^jraadat Ka6* o Ti Tov^ vofjbo6eTa<; KadcecTe. iv Be toj fiera^v 708 'X^povw TovTcp Trpoaera^av toU ^ovKopLevoi^ ela<j)ep€LV eKTidevat tov<; v6fjL0v<; TrpoaOev rcov eTrcovv/jLcov, Xv 6 ^ov\6fjL€VO<=; <r/€6'\jn]Tai, kclv dcnjp,(j)opov vpfiv KaTiBy re, 26 (^pdarj Kal Kara orxoXrjv dpTeiTrrj. tovtcov /iievTOi rocr- ovrcov ovTwv ovSev TreirolrjKe TLfioKpdT7j<; ovrocri' ovre yap i^edrjKe tov vo/iiov, ovr eBco/ceVj el ri^ i^ov- Xero dvayvov^; dvretTTetv, ovr dvifietvev ovBeva rwv rerayfievcov ')(^p6v(ov iv tol^^ v6/jloc<;, dXkd r/J? iKK\t]- aia^f iv y rov^i v6fiov<; i'ir€')(€tpoTOvr)aare, ovctt)^ evBe- KaTYj^ TOV e/caTo/jL^aLcovo<; pur^vo^, SaSe/caTr) rov vopuov elo-rjvejKev, ev6v<; rfj varepaia, kol ravr ovtoov K.po- vicov Kol Bid ravT d(j)eip.evrj^ t^9 ^ovXrj^;, Biairpa^d- pLevo<; pberd rwv vpZv iirt^ovXevovTcov /cadl^eadav vo- pLodera^; Bid '\jrrj(j)i(TpLaro'i eVl rfj twv UavaOrjvaicov y €pd€KaT7]s libri. Illud e coni. Hieron. Wolfii. other hand, the aorist is more from attendance ' because of the appropriate than the present in hoUday. Cf. § 29 airavTui^ vfxQu reference to a single vote. dyovruv Upoixrjvlav. Kad^ 6 Ti Toi>s vo/xodiras Ka9i- Hauadrjvaiwv] The question €LTe] ' on what terms you will whether these were the Greater appoint the session of the law- or Lesser Panathenaea is of revisers ' K. Correlative to the some interest in connexion with expression Kad' 6 ti Kadedovvrai the chronology of this speech, in § 21, which is most likely The Greater Panathenaea were fabricated from the present pas- held every four years (a -n-em-e- sage. rrjpls) in the third year of each § 26. tQv tct ay fxivwv xpovf^v] Olympiad, and lasted twelve Explained by tt]v TeXevraiau tGiv days, Hecatombaeon 17 — 28. rpLCjv eKKK-qaidv § 21, tt)v Tplrrjv In other years the Lesser Pana- dW5et|ai' eKKXrjaiav § 25. The thenaea were held at the same legal interval would be nearly season: it is probable, though three weeks (Hecatombaeon 11 not certain, that they also — 30, see § 20). lasted twelve days {Diet. Antiq. KpopLcov] The festival of s. v.). Now the date of this Kronos (Saturn) on the 12th of speech is some time in the Hecatombaeon, Diet. Antiq. archonship of Eudemus (or B. V. — d<l)€ifx4v'r]s, 'discharged Thudemus, according to Blass 108 KATA TIM0KPAT0T2. [§27. 27 7rpo(f>da6i. PovXofxai S' vixlv to ^lr7](f)Lcr/jb avro dva- fyvwvai TO viicrjaav, Xv elBrjO^^ otl irdvTa o-vvra^d/jLevoi Kal ovBev CLTTO TavTOfidrov tovtwv eirpaTTOv. Xa^e TO '\jrr)(l)L(r/jL avTol^ koL^ dvayl^yvwaKe av. ^HOI^MA. fETTt T^9 Tlav^Lovihof; irpwTT]^, evBeKdTjj tt}^ * XStiO' Z Bekk. Bens cum S. * Kal om. Bens, cum SFrv. p. 244) 01. 106, 4, B.C. 353— 2. There were Greater Pana- thenaea in the archonship of Diotimus, at the beginning of 01. 106, 3, July 354. If the Greater are intended, upwards of a year must have elapsed between the law of Timocrates and Diodorus' prosecution of it. According to Benseler, the point was rightly decided in favour of the Lesser (i.e. July 353) by Blume in his prole- gomena. I have not been able to consult Blume's tract, an in- augural dissertation at Berlin, 1823; but I presume his argu- ment is based upon the im- probability of so long a delay. Blass, who does not allude to the Panathenaea, gives by im- plication the same date when he remarks that 'at the end of 01. 106, 3 { = summer of 353) matters had gone so far that Androtion and his colleagues had only the alternatives of im- mediate payment or of being adjudged defaulters.' Clinton discusses the question without arriving at a definite conclusion, F. H. II. 334. § 27. avvTa^dtJievoL] opp. to arrb Ta&rofiaTov, ' everything by deliberate contrivance, and no- thing on the spur of the moment.' XajS^ rb \l/-i^<piafji.'' airocs] (To the clerk) 'For the information of the jury, take the decree and read it :' avrocs is to be joined (as a dat. commodi) to Xa^^, not to auaylyv (x}crK€. A com- moner phrase in Demosth. is Xa^i fjLoi, * please take.' Bense- ler follows S and some other MSS. in omitting koI, and justi- fies the abruptness of avayi- yvoio-Ke o-i> by other instances: he translates 'Nimm ihnen das Decret her. Lies es.' 'EttI TTJs Uavdcovldos Trpivrrji] This psephisma is evidently a clumsy forgery. Several eccen- tricities of phrase or statement are noticed by Benseler: (1) iwl TTjs IT. 7r/)wT77S should be in-l rrjs n. (pvXrjs TTpwrrjs TrpvravevoOarjs, implying that the Pandionid tribe had drawn by lot the first prytany this year: (2) a-vvvofio- 6eTe2v 8k Kal r-qv ^ovXrjv is incon- sistent with a^ei/nhrji ttjs /3ov\^s in the preceding section : (3) it was not the Prytanes, but the Thesmothetae, who presided over the framing of new laws [as indeed the name suggests, deafxbs = vofios] : (4) the absence of the usual introductory for- mulas, examples of which are given in Schoemann, Antiq. p. 386. Another argument, in p. 708.] RATA TIMOKPATOTS. 109 TTpuravelaf;, ^ETTLKpaTT)*; elirev, 07rft)9 av ra lepa 6vrj- rai Kol Tj^ BcoLKr](TC<; l/cavrj yevrjrac koI el rivo^ ivBel TT/oo? ra TlavaOrjvaia BiocfcrjOfj, tou? irpVTavei^ tov<; T/J9 TlavBLOvLBo<i KaOlaaL vofjLo6eTa<; avpiov, toi)? he vojJLoderaf; elvai eva kol ^i^Xlov^ e'/c twv o/jLcofMo/corcov, (TuvvopioOeTelv Be kol ttjv ^ovXtjv.] ^ Kul TTws ^ Bens, cum Sr. which I am unable to follow Benseler, will be noticed fur- ther on. 'EiriKparris] This is the read- ing of all modern Edd. since Taylor, supported by most of the MSS. and the scholiast Ul- pian. Dindorf rightly insists that copyists were likely enough to substitute the name of Timo- crates for the obscure Epicrates, while the latter name could not have found its way into the MSS. unless it were the genuine reading. Ulpian's remark is: ^ypa\}/ev 6 'ETrt/cpar???, cpLXos tov TifxoKpaTovs...€i yap kou to. 5vo iTTolrjcrev 6 Tiiui.0Kpa.T7js, v'ttotttos av iyivero. The expressions fiera tCjv vpCiv ein^ovXevovTCOP § 26 and 6 ypdcpusv § 28 also point to another person than Timocrates as the mover of the decree. oVws av] ' In order that the sacrifices may be offered, that the ways and means may be sufficient' K. As E. W. has pointed out, the sense of Siot'/c?;- ais passes by an easy transition from 'administration' to 'reve- nues.' So the Finance Minister is iirl ry dioiKr/crei, Androt. §35n. ^va Kal xtX^ovs] Benseler finds additional proof of the spurious- ness of this document in the fact that the number of Nomo- thetae is mentioned : 1001 being the usual number, he argues, need not have been specified. It would be safer to say that the real number of the Nomothetae is unknown; and it is pretty certain that it was not uniform. The statement of Pollux, that there were 1000 of them, is un- trustworthy, and in all proba- bility based only upon the pre- sent passage (Wolf, Proleg. Lept. p. 135, Schoemann, Assemblies, p. 257). The only other text bearing upon the question is Andoc. de Myst. § 84, whence F. A. Wolf assumes the number 500 as the normal one, and thinks it was doubled on this occasion. But instead of •^ ^ovXrj Kal ol voixodiTai oi irevra- KoffLOL Blass now reads 17 ^ovXrj ol TrevTaKoaioi Kal oi vo/xodirai, the context showing that the two councils require to be dis- tinguished, i] /3oi;X?7 ol wevTaKO- (XioL and i] ^ovX-rj 77 i^ 'Apetou Trdyov. Schoemann in his latest work {Antiq. p. 388) admits that the number of the Nomothetae varied with the importance of the laws under consideration, though he accepts the decree now before us without remark as an example. If we bear in mind that the Nomothetae were not merely chosen from among the Heliasts, but sat like a jury for the trial of the new law, which had its prosecuting and 110 RATA TIMOKPATOTS. [§§28,29. 28 '^vedvfirjdrjr *^ duajLyvwaKO/jLivov rov '\jrr](f)Lcrfia-- T09 (W9 T€')(yiKGo^ 6 fypd^eov avro rrjv BiOLKrjacv koI to ^^09 T^9 eopTr}<; 7rpoaT7](rd/j,€vo^ KareTrel'yov, dveXcov rov e/c Twv vofioov ')(^p6vov, auTO^ eypa'yjrev avpiov vofioOeTelVj *^ ipdvfjLy'idrjT' Bekk. Bens, cum libris. defending counsel as in a regu- lar law-suit, it will seem pro- bable that the numbers varied within much the same limits as those of ordinary juries, from 201 upwards (alDove, § 9 n.). Here, I have little doubt that the number was suggested to the compiler of the document by the passage in § 9 dLKaarrjpiotv 8volv eis iva Kal X'^^ous i\f/T](pL- §§ 28—31. Comments on the decree of Epicrates. The real object of the conspirators was disguised under a pretended zeal for the due splendour of the fes- tival. When a jury of Nomo- thetae had been obtained, not a icord more was said about ^ways and means^ and ' Panathenaea,^ but Timocrates proceeded quietly to pass his illegal decree. It was too bad, that the rules against over-hasty legislation should be suspended by his unconstitutional motion. It was even ivorse, it was nothing less than cruel, that advantage should have been taken of a public holiday to in- flict an injury, not upon a chance individual, but upon the whole state — by overthrowing its fun- damental laics. § 28. 'Y^vedvix-nd-qT'] This conjecture of Jerome Wolf's for ivdvfjLT^drjT' has been adopted by all modern editors except Bekker and Benseler. The imperfect participle dvayiyvojaKofxivov can only mean ' while the decree was being read:' and all sense of grammatical propriety is against joining this to an imperative. As Eeiske tersely puts it ' impe- rativus non quadrat. ' Mr Whis- ton points out, after Eeiske, that by asserting that the judges had given attention to the docu- ment while reading, the orator adroitly pays them a compli- ment likely to conciliate their favour. K however translates 'Observe in the reading of the decree,' and justifies the impe- rative in a note, ' notwithstand- ing that it is disapproved by so many commentators. It is a loose way of saying, "Observe how artfully it appears from the decree' &c. And similarly Ben- seler: * Entnehmt aus dem vor- gelesenen Decret.' d ypacpuv] Clearly different from Ti/uLOKparovs ovroai. The reading 'EiriKpaTris in the last section is thus confirmed. Trjv dLOLKrjcriP.. . KareTreLyov} ' un- der pretext of financial arrange- ments and the urgency of the festival.' K. slightly corrected. rb KareireTyov is not merely the ' wants ' of the festival as regards money (already sufficiently ex- pressed by dioiKTjaip), but the urgency in point of time, the plea of which was made an ex- cuse for hurried legislation : cf . § 18 ovS^u iaus iifxas Kareireiyei viiv aKovaai. av€\u:v rbv iK rcou vojxwv XPovov'\ ' setting aside (rather than as K., 'without adverting to') the time prescribed by law ;' i.e. the p. 709.] KATA TIMOKPATOT2. Ill ov fia At' o-u)^ Xv ft)? KoXKiara yevoLTO ri rcov irepl rrjv eopTTjv (ouSe ryap tjv viroXoLirov ovh^ dSioiKrjTOV ov- Sev), aXV iva /jltj irpoaiaOojJbevov /jLij^evo'i dudpcoirwv /x^;S' dvTei7r6vTO<; reOeiT] koX ykvoiTO Kvpio<^ avrol^ ohe 29 6 vvv djcovL^o/jLevo^i vo/xof;. reK/nTjpLov Si' KaOi^ofjue- V(ov 'yap Toov vofio^ercop irepl fxev tovtcov^, t^9 hioiKT]- creft)9 KoX rwv Uavadrjvalcov, ovre '^elpova ovre fieXrico vofxov ovhev elcrrjve'yKev oiJ3et9, irepl he wv ovre to '\ln](l)i(TfjLa eKeXevev oi re vofioc KcoXvovai, Tc/jLOKpdrT]<; ovToal Kara TToWrjv r)crv')(^iav evofJLoOerei, KvpLwrepov fiev voiMiaa^ rbv eK rod '\lrr](l)La/jLaro<; rj rov ev rol<^ vo- lxoL<i elprjfjLevov ')(^p6vov, 01)8' ortovv Be (po^rjOeh el diravrcov v/jlcov dyovroiv lepofJLijvlav, Kal vojjlov KeLfie- i/ov fi^r IBta p.r}re fcoivfj /jirjBev dWyXov^ dBiKelv ev Tovrca rat 'x^povw, firjBe ')(^prjfiarL^etv o re av firj irepl ^ d Tuv yeypafi/xiuuv tovtuu Bekk. cum libris praeter S. third assembly of the current at his ease' E. W. : 'in aller prytany, §§ 21, 25, rbv rerayfi^- Kuhe' Benseler. The expres- vov xpovov § 26. Comp. Androt. sion is, I think, humorous, re- § 20 dveXovaa 17 ^ov\r} tov vojulov. ferring to the coolness of the 'iua fM7] irpoaiadofjiAvov] Madvig man and the secrecy with which Advers. Grit. i. p. 461 objects his bill was smuggled through, that ixij thus placed would ne- rather than to the orderliness cessarily negative Tedelrj, which, of the assembly in which it as he observes, is contrary to the sense. He therefore pro- KvpnbTepov'\ ' of more author- poses to strike out jx-q. Other ity.' — Tbv ck tov \j/T}(t)l<TfxaTo% = scholars are content to take it abpiov : rbv iu rois vofjLois eiprjimi- as a repeated negative, /xr} irpo- vov, 19 days at least, cf. § 26. aiadofiivov firjd^vos. iepo/x-qviav] lepOfMrjvia is (1) the d uuv a.y(dvL^6iJ.€vos] ' which is * sacred month ' of the four great now upon its trial :' not, of games during which, as in the course, to be translated as a treuga Dei of the medieval passive. Church, hostilities were for- § 29. irepl fxh tovtiov] An- bidden: (2) any 'holy day' or other instance where MS. S high festival, on which ali pri- stands alone in expunging a vate enmities and consequent manifest gloss : cf. Androt. § 59 molestation were required to n. cease. Kara TroWrjv rjavxia-p] * quite x/o^/*«'^^i'f"'l Here in the gen-, 112 KATA TIMOKPATOTS. [§§30—32. rrjf; eopTrj<^ y, auro? oi;^ eua rov TV')(6vTa, cCSX oXtjv 30 ahiKwv (pavija-erat ttjv ttoXlv. Kalroi 7ra)9 ov Beivov elhora fjiev toi)? v6fjLov<;, wv oXi<y(p Trporepov 7rdvT6<i rJKOvaare, Kuplov^; ovra^;, elSora 8' ov/c iwvO* erepov vojJiov ylrrj^La-fjia ovBev, ovS* av evvofjLov y, vo/jlov /cvptcorepov elvac, jpdyjrai koI delvat vofiov v/jlIv Kara, '\jr7j(f)L(7fjba, o Koi avTO irapd rov<; vofiov^; elpr^fMevov 31 xi^ei\ rj 770)9 ov a'^^erXiov rrjv fiev iroXiv avTrjv eKaaroi rj^wv SeB(OK€vaL dheiav rov jMrj^ n iraOelv dr)8€<; rj Beivov iv Tovrw tw ')(^p6v(p irotrjaao-av lepojxrjviav, avTTjv Be [JLYj TeTV')(7]f€evaL ravrrj^; Trj<; dacf^aXe'ia^; irapd 710 TifioKpdrov;, aXV iv avry ry lepofjUjvLa rd fjueycar 7]BcKrja6aL ; ri jdp dv Tt9 /jLel^ov rjBLKTjaev IBioorrj^; dvrjp 7} KaraXvcov tov<; v6fjLov<; avrrj^;, Be cov OLKelrac ; ^ /XT7 om. Z Bekk. Bens. eral sense of ' transacting busi- ness:' to be distinguished from the technical legal meaning of § 22, which however is the more common in the Attic writers. § 30. ypd\l/ai Kal OeivaL] 'frame and propose a law in pursuance of a decree.' K. § 31. ddeiav Tou IX7J tl Tradeiv'] The usual idiom. Omitting ixrj because in S it is only added by a later hand is a very rash pro- ceeding. Demosth. would at least have written tov iradelv ti : and Dindorf shows his superior- ity of judgment in retaining the common reading. §§ 32—38. Timocrates has not only treated with contempt all the rules and safeguards which fence in new legislation, by passing his law with only one day's notice, and on a holiday : he has also carried a law which contradicts an existing law, and has not taken the proper consti- tutional course of first repealing the latter (32). The estabHshed law is next reviewed (33), praised for its democratic t^dency (34) and care for tender consciences (35). The legislator had pro- vided for the utmost publicity in view of any change, thereby making the people guardians of their own laws. And it is no sufficient answer to this, to say that the bad laio may be in- dicted: we loant prevention, not cure, and the legislator provides for this by blocking up the first approaches to illegality, and making it difficult for conspira- tors to stir a step (36, 37). Ti- mocrates has done his best to expunge all these safeguards from the statute-book: his law is, so to speak, contrary not to one but to all the existing laws: it strikes at the very roots of the constitution (38). p. 710.] KATA TIMOKPATOT2. 113 32 '^Otl fj,ev TOLvvv ovSev wv TrpoarrJKe re koI /ceXeu- ovcTLV ol voiJboi ireTToirjicev, eh tcL TrpoetprjjuLeva rt? (TKOTTCOV aV fyVOlT]. OTL 8' OV [JbOVOV KaTOL TOVT dBcK€l, el irapa^a'i rov ')(^p6vov rbv etc tccv vop^tov fcal to ^ov- \evGa(jQai koX a-Ke-^acrOaL irepl rovrcov v/jLd<; TravTC- Xco? dveXwv ovcr7]<; lepo/jLrjviaf; evo/jLodereo, dWd Kal Kar eKelvOy on irdaLv evavriov €laevijvo')^e roh ovaL vofJLOL^, avrUa hr) judlC aKpi^w^ fxa6r)creade» dvd- tyvwOi he fioi Xa^Mv tovtovI irpwrov rbv vojiov, 09 ScapprjBrjv ovK ea vofiov ovBeva evavriov elacj)epei,Vj edv Be Tt? elacpepy, ypd(f)eo-6ac KeXevet. dvayl- yvaxJKe. § 32. Acardt tovt^ dSt/ce?, e^] In the corresponding clause we have /car' ^Ketvo, 6tl with the usual love of variety (Androt. § 36 n.). The use of el = 0Ti is almost confined to verbs which express some mental emotion (§ 197 «.: Jelf, Synt. § 804, 9), such as 6av/xd^€iv, d7a7raz/, Seivbv TToieiadaL &c. and the present is probably a solitary instance with a5LK€Lv. The most common construction of adiKeiv is with a participle, as in d5t/ce? "Zo^KpdTTjs ovs p.h Tj irdXis uofil^ei deods ov voixl^oiv, Xen. Memor. init. We should also expect dSi/ce? tovto with the accus. cognati to ex- press *his offence consists in this:' the addition of Kara is pleonastic, and rare in prose. This * expletive ' use of /card, as well as of other prepositions, is noticed as a mannerism of So- phocles by Prof. Lewis -Camp- bell in his Introduction p. 27 {Essay on Language of Soph. § 19) : his examples are Oed. Tyr. 1087 /card yvdifxav tSpts and Trach. 102 w KpaTiaTevwv /car' 6ixixa. avrlKa 8ri judXa] Androt. § 65 n. evavTlovl ' The policy of the Athenian lawgiver was not to allow two inconsistent laws to remain together in his code; and there was no such thing among the Athenians as repeal- ing a statute by implication.' K. What to us seems so obvi- ous/ the introduction into the new law of a clause ' So-and-so is hereby repealed,' must have been less easy for the Greeks in the absence of a convenient mode of reference such as mo- dern legislation, even when so amorphous as the English, in- variably supplies. ypa(pe<rdat KeXevei] ypdcpeadaL is of course the middle voice, 'to impeach or indict.' 'Ee- quires that it should be indict- ed' is K.'s translation. The indictment, however, lay equally against the law itself and the proposer [Mu tis elacp^py): cf. § 10 n. ypa\pdfJi€VOi rbv vd/xov. W. D. 114 RATA TIMOKPATOT2. [§§33—35. NOMOS. 33 [Tcor Be vo/jbcov tcdv Keifiivcov ^rj i^elvai Xvaai fjbrjheva, eav fjurj ev vofMoOerai^;. Tore K i^elvac rS ^ovXo/iiiva) ^Adijvalcov \vecv, erepov rcOevri, av6' orov dp \vr}. Bca'^eLpoTovlav he iroieZv tou? TrpoeSpov^ irepl TOVTCOV TCOV VOflCOV, TTpCOTOV fieV TTCpl TOV K€CJjLeVOV, el SoKel eTTCT'^Setof; elvau rtp Btj/jlo) tu> ^ AOrjvalcov rj ov, eireira irepl tov rcde/juevov. oirorepov S' du '^eiporo- vr}<T(t>(TLv ol vo/jLo6erai, tovtov Kvpiov^ elvai. evavriov he vofjLov fir] i^elvat TiOevat raiv voficov toop Keipuevcov fJurjhevL edv he tl<; Xvaa^; nvd rwv vo/jlcov toov Kei- /juevcov erepov avnOfj /jurj eTTLTrjheiov ra> hrjpia) t(S ^AOijvalcov rj^ evavriov rwv KeL/nevcov rrp, ra? ypa^d<; ^ rbu Kvpiov Z Bens, cum S. e 7] om. Bens, cum prS. § 33. NOMOS. There is no reason to think this document any more genuine than those previously considered : though it has been held (see § 20 n.) to be composed out of genuine materials. eV vofiodirais] ' before a jury of Nomothetae.' We have seen that there might be more than one such jury impanelled, §§ 21 n., 27 n. The rendering of the English and German transla- tors, 'before the Nomothetae,' is inexact. diaxei-poTOPiav] §§ 20 n., 25 n. Toi/s TTpoedpovs] The Proedri are here introduced instead of the Thesmothetae, as the Pry- tanes were in the psephism of § 27, by a confusion between the Ecclesia and the law-courts. evavriov tQv Keifxivwv t^] The case here supposed is evidently that, after the repeal of a given law on the ground of repugnancy has been carried by the pro- poser of the new law, other laws not contemplated by him are subsequently discovered to be inconsistent with his new legislation : a further ground for a ypacprj wapavoficjv . We need not be surprised that the previous sanction of the Nomo- thetae did not exempt the pro- poser from indictment : there is no reason to doubt the state- ment that he might be impeach- ed on the vague charge that the law was 'contrary to public po- licy' (firi €7riT7]5€Lov) as well as on more definite grounds: but after the time limit of a year {irpodeafxla) the law only, and not the proposer, was liable to prosecution. The sovereign people was unwilling to recog- nise any limit, to its power of taking all executive and legisla- tive authority into its own hands, and suspending consti- tutional checks : but it was well aware of its own fallibihty, and p. 711.] KATA TIMOKPATOTS. Hi elvai Kar avrov Kara top vo/hov 09 Kelrai, idv rt? firj y 11 iTrtTijSeiov 6fj vofiov.] 34 ^HKovaare fiev rod vofjbov iroXko^v Se /€a\w<; fcec- jxevcov vojjbcov rfj iroKet ovhevo<^ i^jttov rj^yovfiai Koi TOVTOV d^Lcof; iiralvov yeypdcftOai,. aKe^^acrOe yap 009 hiKalw^ Kol (T(f>68pa vTrep rov B^fiov Kelrao. ovk id TOL<; V'Trdp')(pvai vopuoL^ ivavriov el(T(f>ep6Lv, idv jjurj Xvcrrj rov irporepov Kel/ievov. tlvo<; eveKa ; irpwrov fiev Xv vpZv e^fj rd BUaia '\jrr)<l)i^€aOai, fier evcre^ela^. 35 el ydp etrjcrav Bvo TLve<i ivavTLOC vo/jloc, Kal TLve^ distrustful of the professional politicians whom yet it had to follow as its advisers. Hence the large and indefinite powers with which this indictment was armed : it was a Ti/irjTbs ayCbv, and any punishment might be inflicted at the discretion of the Dicastery {Diet. Antiq. s.v. Pa- ranomon Graphe). In the present passage the two cases of (a) inexpedient and (6) contradictory laws are not distinguished as clearly as they must have been in the text of a genuine law. 6s /ceiTttt] Not = r6j' vbfxov rbv Kdfxevov, but the words are to be joined closely to eav ns fx^ eicL- T-^detov 6rj vdfxov, hke our phrase 'according to the statutes in that case made and provided. ' § 34. vir^p Tov drj/xov] A le- gal system in which difficulties of interpretation are likely to occur implies the existence of a body of skilled lawyers : the Athenian laws were intended to be administered by plain men, and their framers there- fore endeavoured (without suc- cess it would seem) to avoid all ambiguities. This arrangement is praised as ' in the interest of the democracy:' for similar compliments cf. vfieis ol woXkol § 37 : i<p' vfxiv iirolTja-av diaxetpo- Tovlav § 25. TTpQiTov yu.ei'] ' Quod ei respon- det irreiTa, latet in formula ^t irpbs TovTiji V. 15.' G. H. Schae- fer. Compare the note § 1 on the opening words of the speech, TOV [xh dyCJvos k.t.X. fier' evaelSeLas] ' To give a just verdict with a safe consci- ence' may not seem a difficult matter. But it is casuistically argued that if laws are repug- nant no possible verdict can be conscientious, for it must vio- late one or the other of these laws, and both are equally bind- ing. § 35. etrjaau] eXev is of course much more common: 'nam At- tici veteres non dr^ixev etrjre etr]- aav dixerunt, sed etfiev etre elev,^ Dind. Praef. Poet. Seen. ed. 5, p. iii. We find however dijaav as early as Thucyd. i. 9 § 5 (passed over without remark both by Shilleto and Classen): yvoirjaav Demosth. Apatur. p. 897 § 15. — d^Loi, again, is a less Attic form : two inferior MSS. read a^toir]. ' 8—2 116 RATA TTMOKPATOTS. [§§ 36, 37. avTiSiKOt Trap* vfuv dycovi^oLvro rj irepl Btj/jloo-lcov i) irepl ISicov TTpay/ndroov, d^coi B* ifcdrepo'^ viKav fjurj TOP avTov heLKvvcov vofiov, ovt d[ji<f)OT6poL^ 6Vi hrjirov '>^7]^iaa(76ai' ttcG? ydp ; ovre daripoj ylrrj^t^ofievovg evopKelv' irapd yap rov ivavriov, ovra S' 6/JbOLa)<i 36 KvpLOV, Tj yvwai^ avfiffaiveL tovto t ovv virep Vfjbwv (j>u\aTT6/j,evo<; ravra irpoelire Kal en tt/qo? tovtcd l3ov\6fjb€vo<; <^v\aKa^ v/judf; rwv voficov Karaa-TTJo-ac ySec yap eKelvo, on Td<; dXXa<; a? yeypa(f>ev avTMV ^uX,aKa<; eari 7roWa')(7] hiaKpovcraaOai. tov<; avvrj- y6pov<;, 0O9 x^'-P^'^^^^^'^^} SvvacT dv irelaai tl<; o-tcoTrdv. eKTiOevai KeXevei rod TrpoeoBevat iravra^ ' Td')^ dv, el Txjypi, Tov^ fjL6v dvTeLirovTa^ dv, ei^ TrpoaiaOoLvro, ^ el fxri Bens, cum libris. deiKviwv] Androt. § 34 n. 7] yvuxxLs (rvfi^abet'] 'the re- sult of the decision is contrary to' (Trapd)... § 36. tovt6 t' ovv...haKpov- caadai] 'Against such a mis- chief the legislator provided by this clause. But he had a fur- ther motive in it. He wished to make you guardians of the laws ; for he knew that the other safeguards which he has pro- vided for them there are various ways of eluding. ' This is K.'s rendering : and it is a good ex- ample of the advantage often gained by breaking up a Greek (or Latin) period into short English sentences (§ 138 n.). Toiii crvvr)y6povs^ Called roi)? avvairoXoyrjcrofi^vovs above § 23, where see the note. The addi- tion of the words ovs x^'-P^'^^- vetre helps to prove that they were (as there stated) not a permanent body, but chosen for the nonce. SiVatr' ov irelaaL ris ctwTraj'] The Greeks, and especially the Athenians, sought refuge in numbers from their habitual distrust of individuals: hence their monster juries whether of dicasts (§ 9 n.) or nomothetae (§ 27 n.). These aw-qyopoi or avvbiKOL, a small body of advo- cates retained to defend the ex- isting law (Lept. p. 501 § 146), are supposed to be capable of selling their cause to the inno- vators. — €KdeivaL, § 18 n. rod TrpoeLdivac irdpra'sl The genitive expresses the 'final cause' (to the end that, in order that): comp. Thucyd. i. 4 rod tAs irpocrddovs fxaWou Uvai avr^ (accus. and inf.), id. viii. 14 Tov fXT] e^dyyeXroL yev^adai (sim- ple infin.). Other examples in Jelf, Synt. § 492. 2, Madvig, S^jnt. 170 c. Kern. Tcvx^ dv, el Tvxot] This pas- sage is not without difficulty; but Benseler has, on the whole, successfully vindicated the read- ings of the MSS. against the p. 711.] KATA TIMOKPATOTS. 117 37 XdOoi, ol K ovSev irpocre'xovTe^i dvayvolev^ av. dWd 'ypd-y^aadai vrj At" efcaarov earLV, o Kayco vvvl ire- TTOLTjKa' KavravO', dv^ diraWd^r) rc<;^ top emcrravTa, ' ayvodlev Bens, cum lihris praeter FA. ^ Kav ivravd' Bekk. Bens, cum SFTfivs. ^ Tts om. Z Bekk. Bens, cum 2F. alterations approved by Bekker and Dindorf and even by the Zurich editors. It is at first sight easier to read el irpoal- cdoLVTo, omitting [jlt), and to connect the clause el Tpoaiadotv- To with TOi>s avTenrbvTas dv. But fiT) is in all the MSS.: and if we join e^ ixT) TTpoaiadoivTo with \a- doL, it is easy to supply el irpoai- adoivro with Toi)$ (WTenrdvTas av. The sense will then be : ' It may possibly happen that persons who, with previous notice, would have opposed the law, without such notice may fail to detect its bearing (Kadoi) : while others through inattention may be ignorant of the whole matter' (reading with S and most MSS. dyvooiev for the dva-yvotev of the Editors). If dvayvolev be re- tained, the latter clause will mean that 'the notice will be read only by those who care no- thing about it:' a good enough meaning in itself, but the au- thority of the MSS. is, I think, decisive in favour of dyvooiev which, as rendered above, yields an equally good sense. §37. d\\d...vri Ma] 'But it may be said:' of an objection in- troduced only to be refuted : cf . Androt. § 69. av diraWd^rj Tts] 'Yes; but if a man gets rid of the prose- cutor, the state is still cheated.' K. The notion of ' ridding one- self of a thing is more usually expressed by diraWaTTeadaL tl- vb$ : but diraWdTTeiv Ti.vb. is found in a hardly distinguish- able sense, 'get him to leave one alone,' Lat. amovere, as adv. Phorm. p. 914 § 22 rovs davei- (xavras dTrrjWa^ev: Isae.Dicaeog. § 28 diraWdacreiv toijs xPV'^t^^- Here, therefore, it is practically equivalent to irelaai. atcoirdv in the last section. So Harpocra- tion s. V. dcpels Kal aTraXXci^as : diraWa^as, orav Treicrri tov eyKa- Xovvra dTToaTTJvaL Kal ix-qK^Ti iy- KaXe?v. The word is, however, more frequently used of the creditor giving a 'release and discharge' than of the debtor satisfying his claims: see Mr Paley on pro Phorm. p. 952 § 25. —The best MSS. read Kav ev- Tavd\ and SF omit rts : whence Dindorf conjectures aTraXXd^T^s, comparing i. Phil. p. 51 § 40, where he has restored TrardlT^s from S, the other MSS. reading Trard^Tj tls. Benseler follows the Zurich Editors in simply omit- ting Tts, but expresses it in his very picturesque translation : ' wenn man hier den, der einem zu Leibe geht, sich vom Halse schaffen kann.' If the author- ity of S is to decide this point, the ellipse of Tts, common enough in poetry, may be justi- fied by several examples in Pla- to: comp. Jelf, %nt. §373b.— For the sense of rbv eTTLcxravra E. tV. compares Aeschin. Ctes. § 79 MqiioadivTjs 5' eireaTTj tCjv dWwv KaTTjyopos. 118 • KATA T1MOKPATOT2. [§§ 38, 39. rf TToXfc? irdpafceKpovaraL rt? ovv /jbovrj <f)v\aK'^ koX hiKala Kol l36^at,o<; raov vojjlwv ; uyLtet? ol ttoWol' ovre yap TO yvoovat koX BoKCfidaac to /SiXTtarov i^eXiorOao SvvaLT av Vfxoov ovhe el?™, ovTe airoKKa^a^ kol Bca- 712 <f>6eLpa'^ irelaai tov %et/3&) diaOat vofiov avTu tov 38 KpeLTTOvo^. hiOL TttVTa iTCLVTa e<f eKao-TTjv airavTa TTJV oSoV Ta>V dBtK7]fjLdTQ)V, KCOKVWV Kol OVK 600V ^ahl- ^€iv Toi)? iiriPovkevovTa'^ vpXv. TavTa irdvTa Tifio- KpdTTjs, ovTco KoXwf; KOL hi,KaLw<^ KelfJieva, rj^dvi- (76V, €^ri\6t'\jr6v, oaov yv eirl tovtg), koX vojxov elarjvey- K6V cnraaLv ivavTiov 009 €7ro9 6liT6lv tol^ ovaiv, ov 7rapavayvov<;, ov \v<ra<;, ov 801)9 atpeaiv, ovk aXKo TTOLTJaa^ ovBev tc5i^ TrpoaTjKovTcov. 39 'II9 fJL6v ovv 6Vo^o<s Tj} ypa(f)fj Ka06aT7}K6V, ivav- Tiov eiaev7jvo')((a<; Tot9 ovai v6ijlol<^, ol/jLat irdvTm v/Jia<; rjardrjadai' Xva 8' elSrJTe irap' oIlov^; vofiovi olov ovto^ " ovdeis Bens, cum S. ifieTs oi TToWoL] The jury are bad law; a single prosecutor identified with the Athenian may be "squared;" but no one people in their assembly, as in could ever hope to "get at" or § 25. ^ "square" you, the great heart ctTraXXo^as kuI dta(f)6€ipas] As of the nation, ' &c. , &c. G. H. Schaefer points out in his § 38. eia-qveyKev aira<nv] The technical language, 'corruption' word dwaicnov, found only in particularises the general notion inferior MS S. and old editions, of ' getting out of the way.' I but retained by Bekker within cannot think, with E. W., that brackets, is clearly an accidental avaXKd^as conveys any notion repetition of diraaiv, as G. H. of intimidating as distinguished Schaefer was the first to ob- from corrupting: and I own to serve. a faint suspicion that the words irapav ay voi)s] Correlative to Kol diacpddpas may be a gloss. the use of irapaypacpeiv Androt. These last two sections are an § 34, where see note, amusing bit of clap-trap, and §§39 — 41. Proof that the law exhibit Demosthenes playing of Timocrates is contrary to ex- upon the Athenian dread of isting laws. This proof is work- collusion and betrayal of their ed out in detail in maDy suc- interests. ' Four or five awri- ceeding sections, down to § 67. yopoL may be "got at" and in- § 39. Trap oiov% vbixovs] iraph. duced to report in favour of a is ' contrary to,' as in § 35: not OF TJIE '^/' P. 712.] KATA TIMOKPATOtaJ'JJ'jygMg- vofJLov^ elra roi)? dXXov<;, oh ovto<; ivavT\ dvafyl^vfaa-KG. N0M02. ['EttI t^9 Ylav^Loviho'^ Trpcorrjf;^, BcoBeKOLTrj t»79 iTpVTavela<^, TcfjLOKpdTrj<; etTre, koI el Tivi tQ^v o^eiXov- Tcov TO) hrjfjboalw 7rpoaT6Ti/JL7]TaL /card vofiov 7) Kara '\jr7]<f>Lcr/jLa Beafiov ^ ro Xolttov Trpoo-Tt/jbrjdfj, elvai " TrpuTTji om. Bens, cum SF. * in comparison with,' as in irapavayvoijs just before. K. neatly renders ' what sort of a law he has introduced, and what sort of laws he has vio- lated:' and so Benseler, 'was fiir ein Gesetz und in Wider- spruch mit welchen Gesetzen.' 'Etti t^s Yiav^LOvldo^ tt/joitt;?] The incorrectness of this phrase was pointed out on § 27. The document is admitted on all hands to be spurious, altogether composed, according to Wes- termann and Dindorf, from the speech itself; and it seems hardly worth while to improve its Greek by omitting vpJjTTjs, as Benseler does after S and one or two other MSS. dwdeKOLTTi TTJs TTpvTauelas] The compiler found this date in the genuine words of Demosth. him- self, § 26. el ... Trpoa-TeTLfxrjTai ... 17. ..irpoa- TtfiTjdy] A correction in one MS. irpoaTL/xrjdeirj indicates a consciousness on the part of the transcriber that the sub- junctive after ei was unusual. But G. H. Schaefer, while no- ticing this construction as a-o- \oiKO(f)avT]s, points out that the indicative and subjunctive are often thus joined in legal for- mulas : and the subjunctive is clearly right as a note of future time. The phrase recurs §§ 72, 79, 93, cf. § 207 n. To express * if any person has been or shall hereafter be condemned,' Attic law did not think it necessary to repeat iav after el : and there are well-known instances in the older writers, such as Thucydides and Sophocles, of et with the subjunctive. See Jelf, Synt. § 854. 1. Obs. 1. Madvig Synt. § 125, Bern. 2. Campbell's Sophocles, Essay § 27 p. 42. Madvig says ' in the Attic poets (except in the choral odes) or in prose (except in the archaic phraseology of law) there are no examples of this.' That legal language tolerated archaisms appears from the pre- sent passage and below § 42 (dpxeLv for dpxecrdat.) : but in his other assertions Madvig seems to overlook Soph. Oed. Col. 1443 ei (Tov arepvOQ, where no one pro- poses to read 171', and Thucyd. VI. 21 § 1 cZ ^vffTicaiv ('the only, but not doubtful instance in Thucyd.' Classen). — For irpocr- tl/jlcLv as always implying an ' ad- ditional ' penalty, above § 2 w. 120 KATA TIMOKPATOTS. [§§ 40, 41. auTG) rj dWo) virep eKeivov eyyvr)Ta<; Karaarrjo-ai rov 6<f>\r]^aT0^°, 01)9 av 6 BrjfjLo<; ')(eLporovr)ariy tj jjltjv €ktI- <T€LV TO dpyvptou o w(j>\€, Toix; Se irpoe^pov^ iirL'^ei- poTovelv iiravcuyKe'^, orav Tt9 KaOiardvat ^ovXyrac. 40 TO) Be KaratTTTjaavTi rov^i eyyvrjTa^;, idv clitoBlB^ rrj TToXei TO dpyvpiov e0' ay^ KaTecTTTjcre roz)? iyyvrjTd^;, dcfielaOai, tcov Beap^wv'^. idv Be pur} /caTa/SdXrj to dpyvpLov rj avTO^ rj ol eyyvrjTal iirl Trjt; evdTr}^ irpv- 713 Tavela^, top puev e^eyyvrjOevTa BeBeadai, tcov Be eyyvr]- Twv Brjpocrlav elvau T7)v ovaiav. irepl Be tcov covov- pbevcov ra Tekr] /cal toov iyyvaypbevcov ical e/cXeyovTcov, ** 6<l>ei\i^fmTos Z cum Sr. p oh Bens, cum SFv. 1 Tov deafjibv Bens, cum Tfir et pr. 2. iyyvrjras KaracrTrjcrai] The usual phrase for ' to put in bail ' from Herodotus (i. 196) downward. See below § 55. 6(pXrjfjLaTos'\ None but the Zu- rich Editors have followed S in reading d^eiXri/xaTos : the tech- nical term 6(p\yjixa, 'judgment debt,' rb ck KaradiKTjs, is much more suited to a legal docu- ment, and so w^Xef following. See on Androt. § 34, below § 50. ovs av 6 drjfxos x^'-pOTourjarj] The sureties were of course not to be * elected ' but to be ' ap- proved' by the people. Their names would be submitted (doubtless one by one) to a XeipoTovia for approval. eTTix^LpoTove^v iirdvayKes^ ' the Proedri shall be bound to put the question to the vote.' In the use of eirix- for the regular term einxprjcfyi^eiv Benseler finds a note of spuriousness. The same suspicion attaches to e-in- XctpoTovLav 8i56vai § 50: but in § 84 ewLX^ipoTovecf occurs in the genuine words of Demosth. § 40. T^ 5^ KaTa(TT7j<xavTi] The construction of this dative is the same as that of avrip tj aXXcp above : i. e. we must supply not merely etTre from the open- ing words of the decree, but eXvai. (in the sense of i^eHvai). G. H. Schaefer, who thought this too harsh, approves either of Lambinus' conjecture rbv 8^ KaTaarTTjaavTa, or of the reading of some MSS. rbu dea/mdv. If the words occurred in the 'law' only, we might suspect their genuineness: but they recur without alteration in the text of Demosthenes, below § 86. eirt TTJs evdryjs iTpvTaveLas'\ The explanation of this phrase al- ready given (§ 15 n.) is confirmed by the present passage. In the last or tenth prytany of the year all grace was at an end, and the State proceeded to levy execution. irepl dk rCjv (hvovfihuv] The statement here is in accordance with the words of Demosth. him- self in the next section. To have touched the stringent enact- ments whereby punctual pay- p. 713.] KATA TIMOKPATOT:^. 121 Kol Twv Tci fiLaOcoacfia /jLLcrOov/iiivcov koI twv iyyvo)- fjuevcov^, rag irpa^ei^ elvau rfj iroXeh Kara tov<; v6/jlov<; Tov(; KeijjLevov^. eav 3' iirl ri^q ivaTr]<; Trpvraveiaf! o(j)\rj, rod varepou evtavTOv iirl t^9 evaTrj<i rj Se/cdrrj^; TrpVTavela^ eKTiveiv^ 41 ^ AKT^Koare fjuev rov vojjlov, fjuvrj/jLovevere 3' e'f avrov fjLOL TrpcoTOv fjuev TO Kal 6L TiVb Toov o^eiXovTOJV Becr/jbov irpoa-TeTifiTjTai rj to Xoittov 7rpoaTi/jbrj6f}, eweid^ '6ti ifkrjv irepl toov TeXcovdov kol irepl twv fiiadovfiivayVf ' TUP iyyvufx&cov om. Bens, cum STfikrs. ment of the ordinary revenues was secured, would have alarm- ed the people: and so the law of Timocrates, which was vir- tually (though not avowedly) a privilegium for the benefit of Androtion and his friends, takes care specially to except those revenues from its operation. Three classes of persons are here mentioned in connexion with the regular taxes : the re- Xwvat.; the CKXaye'ts, collectors not merely of unf armed re- venues such as the tribute {<p6- pos) of the allies, but of the farmed taxes under the reXcD- vac ; and the lessees of the leas- able revenues, i.e. public lands and especially mines. Each of these classes of persons was required to find sureties : and Dobree certainly improves the passage by striking out 6771^0;- /xivup Kal before eKKeybvTuv, and referring kol r<2v iyyvwfxivuiv once for all to the three classes : comp. below § 59. On the Athe- nian system of raising taxes in general, see Boeckh P. E. book III. ch. 8 : on the €K\oy€?s, note on Androt. § 48. rds 7rpd|eis eluat} For Trpd^is = e'dairpa^is, Androt. § 46 n. The plural occurs only here: it is natural enough in an enume- ration of different branches of revenue and the processes by which th ey were to be recovered. eav 5' iiri ttjs hdrrjs] This is altogether incredible, as was seen by Dobree who accepted the rest of the law as genuine. The compiler seems to have thought it hard that those a- gainst whom judgment was given at the end of the financial year should not have the same grace as other people. But so long a delay is ' not to be thought of ' (Benseler) : and the expression imT7)s rj deKOLTTjs is too vague for the language of a law. See also below § 93 ?i, § 41. jxvT^fioveieTe 8' e^ avrov fxoi] ' Pray remark these parts of it — first, the words " if any " &c. ' K. Two objections to the law of Timocrates are here singled out to be enlarged upon in succeeding sections; (1) its retrospective action ; (2) its par- tiality towards particular classes of state debtors. TrpoaTifjLTjdy] § 39 n. The sub- junctive is here without varia- tion in the MS8. 122 KATA TIMOKPATOT2. [§42. icaX o(TOL ravra i<yyvoovTaL, '^(^prjaOaL Kekevet, rw vojjbtp. 0X09 1JL6V ydp^ icTTLv airaa-LV ivavrio^ tol<; overt, fiaXLara Se rovrw^' 'yv(£)(T€or66 he Tov<i v6fJL0V<; aKOVov- T€9 avTOU^. Xeye"^. N0M02. 42 [Ato/c\?79 ecTre tov<; vofiov: tov<; irpb I^vkXclBov Te6evTa<; iv SrjfioKpaTLa, koI oaoi eV* YivicKeihov iridTjaav koL elalv dvayeypafifievot, Kvptov; elvai. ^ H^u ydp om. Z Bens, cum pr. S. * ravra Bekk. cum libris praeter 2. ▼ yvdaeade 5' aKovovres. A^7e rovs vofiovs avrois, \4y€ Bekk. cides, bearing upon the number of the Nomothetae, has already- been discussed § 27 n.}. The work of the revising commission included the restoration of the old laws, among which those of Draco [dea-fiol) and Solon {v6- fioi) are specially mentioned, as well as the new legislation of the year (here called iir Eu- KXeiSov). The delays of some of these dv ay pacpets in failing to report form the subject of the curious speech of Lysias against Nicomachus, who was the prin- cipal delinquent. We need not be surprised at any inconsis- tencies between the real decree of Tisamenus and the pretended law of Diodes, nor attempt to reconcile them. iu b-rjfioKparlq.) Because the acts of the Thirty, as well as those of the Four Hundred in 411, were expressly excluded : cf. below § 56. There had been a similar commission in 410, of which Nicomachus had also been a member, in order to purify the laws from the oli- garchic taint. dvayeypafxixhoi] Andoc. I. c. mentions two such processes: the §§ 42—44. First objection. The existing law is recited, which provides that new laws shall come into force from the day on which they are passed, unless a date is expressly men- tioned for their operation to commence. In the latter case, the beginning of the next year is commonly prescribed. Retro- spective action is unheard of. Timocrates should have repealed this law before proposing his own; as it is, he ha^ thrown everything into confusion. § 42. irpb EvKXeidov] In the archonship of Eucleides, b. c. 403, the first year of the re- stored democracy, a revision of the laws was decreed on the motion of Tisamenus, whose psephisma is quoted at length in Andoc. de Myst. §§ 83, 84. A small body of special Nomo- thetae appointed by the Senate and called also dvaypacpeis (per- haps to distinguish them from the ordinary Nomothetae, Jebb, Att. Or. I. 224 n.) were directed to report within one month to the Senate and the larger body of the Nomothetae. (The read- ing of this passage of Ando- p. 713.] KATA TIMOKPATOTS. 123 Tov^ Be fier EvKXelBrjv redivra^ kol to Xolttov riOe- jjuevov^; Kvplov^ elvat airb t^9 riiiepa<; rj(; €Ka(Tro^ eredr}, irXrjv e'l rw TrpoayeypaTrraL ^povo^ ovTtva hel dp'^ecv. iTTLypdyjraL Be roU /^ev vvv Ketfievoi^; rov fypaixjiarea T779 l3ov\7J<; TpoaKovTa i^fiepdov' to Be temporary, d.vaypd<f>ovT€s ev (xa- piaiu eKTidivTOJV irphs tovs kiro)- vvfiovs ffKOTeiv rep ^ov\ofx^v(^ : the permanent, etr' avaypd\pai iv TT] (TTOq. TOVTOV% TWV v6flU)V ot av doKLfiacrdCocrLv (§ 82). The latter is of course here intended. TrXrjf et Tif irpocryiypaTrTaL] ' except when a law has a clause added.' Cf. Androt. § 71. dvTiva Set dpxei.1^] The mean- ing of this is undoubted, ' to fix the period from which it is to come into operation;' but the construction is explained in two very different ways. (1) Taylor, G. H. Schaefer, and Whiston supply apxovra with ovTLva, ' who is to be the archon,' apxetj' = dpxovra eXvai. (2) Jurinus, Do- bree, Dindorf and Benseler sup- ply xP^^'^^i ' ^^ what time it is to begin,' dpx^i-v^dpx^crdai. Common sense is clearly in fa- vour of (2) ; and but for a ten- dency, not yet extinct, to fancy that 'refined' scholarship con- sists in preferring the far-fetched to the obvious, it is difficult to imagine how (1) can ever have found favour. The words of Demosth. in the next section, TovTcp S^ Thv yeypajxixhov apx^cv, and in § 44 rbv yeypa/x/j^vov xpo- vov, clearly point to xpovov as the noun to be supplied; and the orator further tells us that the beginning of the next year (archonship) was often the time prescribed. But the phrase ' in whose archonship' would only be natural if there were a possi- biHty of two or more years in- tervening between the passing of the law and its taking effect ; and this of course is not to be thought of. Once more, though past time was naturally dated by archonships, it would be ab- surd to say ' in whose archon- ship ' if ' next year ' were meant : the election of an archon might still be unsettled only two days before his year of office began, as we see in the case of Evan- dros (cf. Jebb Att. Or. i. 242, below § 138 n.). The only ar- gument for (1) is that, in literary Attic prose, dpxeiv can hardly be found for dpx'£<^do.i : but the ex- ceptions are significant, and just such as prove the rule. We have aheady seen (§ 39) that legal prose may differ from lite- rary in points of grammar : so may legal and diplomatic prose in a preference for antique forms. We find accordingly in treaties, Thucyd. iv. 118 § 12 rT]v ^Kex^i-pi-o-v elvai iuiavrbu, dp- X^i" d^ TTjvde TT]v Tjfi^pau : ib. v. 19 init. "Apx^L 5^ tCov (xirovdCov ^(popos n\et(rr6\as, i. e. ' his ephoralty marks the beginning of the truce,' the day being added. eTnypaxpaL 8k] ' and the secre- tary of the senate shall affix his mark to the laws which are now established within thirty days,' einypdxI/aL is thus distinguished from dva- and Trpos-. rbu ypajxpLar^a t^s /SouXt}?] Lex ap. de Cor. p. 238 § 38, Diet. 124 KATA TIMOKPATOTS. [§§ 43, 44. XoiTTov, 09 OLV Tvyxf^VD ypa/jL/jLarevcoi', 7rpocrypa(j)6Tco 7rapa')(^p7]fjLa rov v6/jlov Kvpiov elvai diro T79 ij/buipaf; ^9 iredr].] 43 KaXa}9 6')(0VT(ov twv v6fjL0)Vy co dvBpe'i BiKacrral, 714 Tooi^ VTrap')(0VT(ji)V, ohe 6 vvv dvayvwcrOel^ v6fjL0<^ cocr- Trepel Btcoptae kol jSe/SaLoripov^ iTroirjaev avrovf;. KeXeveo yap e/caarov a0' ^9 'rjfiipa^ iredr] KVpiov elvau, irXrjv el rw ')(^p6vo<^ irpoayeypaTTTav, tovtm 8e t6v ye- ypa/jLfievov dp')(eiv. hid rl ; on ttoWol'^ tojv vujjlwv irpoa-eyeypaiTTO " rov Se vofiov elvai Kvpiov rovB^ diro rov fjberd rov vvv dp^ovra." varepov Se ypdcpcov 6 Tt6^6fc9 €7rl TovTOL^ TovSe Tov vofJLov, Tov dveyvQXJfjbevov, ovK evojjbi^e SiKaiov elvat tov<=: avTov<; rcov vo/jlcov dvayeypa/jLfjLevovfi varepov rj ireOrjaav /cvplov^ elvat dveveyKelv eiri ttjv rjixepav, d(f> rj<; ereOrjo-av, fcal TTporepov iroirjaaL Kvptov; rj 6 6el<; eKaarov rj^icoG-ev. 44 TovTw p^evToi tm vo/jLO) cTKeylracrOe c«9 ivavTio<^ eorrlv Antiq. s.v. Grammateus. — Tpid- statutes whicli themselves con- Kovra 7)iuL€pQv, Androt. § 14 n. taineda postponing clause {dva- § 43. vcTTepov bk 7/[)d0a;j'] yeypafj.ix^vovs varepov rj iriOrjcrau Diodes, wlio framed after these Kvpious elvai) should be carried laws (eTTt TouroLS referring to the back to the day of their enact • laws just described as post-dated ment, and made to come into to the next year, Tro\\6is...7rpo(x- force before their respective au- eyiypaiTTo) that which has just thors desired.' K. dvayeypap.- been read, in a later enactment fiivoL is not here as in the last [vcrepov ypd(pwv) did not think section, 'inscribed' on boards it right that any subsequent or columns, but 'bearing an legislation of a retroactive cha- inscription,' There is slight racter should be introduced (i.e. MS. authority for yey pa fx/iivovs, passed a law prohibiting it). which Dobree and Schaefer pre- The translators in general do ferred. not clearly distinguish the three § 44. The law expressly for- groups of laws here mentioned: bade the date, at which any en- (1) pre-existing laws, (2) the de- actment came into force, to be claratory act recited in § 42, moved back even for a definite (3) a later law of the same au- period ; much more for an in- thor, the provisions of which definite one ; as it is by the are explained in the text. words ' if any person has been Toi/s avToiis tQv vop^wv] 'that condemned.' The reasoning p. 714.] KATA TIMOKPATOTS. 125 ov ovTO<; TeOeiKev. 6 fiiv ye Kekevet top yeypa/jufjiivov '^povov rj TTjv rjijuepav dcf ^? dv reOfj Kvplav elvai' 6 S' eypa'^frev " Kal^ el tlvl 7rpocrTeTLfjL7]raL" irepl twv TrapeKrfSJvQoTwv Xeywv. koX ovhe tov6' copcaev, apyovra 'iTpoaypa'^a<i d^ ov, aXXa ireiroL'qKev ov fjLOVov irpo Trj^ r]fjbepa^ iv y TeOeiKe Kvpiov rov vojjbov, dXkd Kol TTpo Tov yeviadac rtvd rjfxwv dopLaTOV yap airavra tov TrapeXrjXvOoTa Trpoo-TrepcelXTj^e ')(^p6vov. KaiTOL XPV^ ^^> ^ TifzoKparef;, rj tovtov /jltj ypd(\>eLV rj eKelvov Xveiv, ov^, '^va o ^ovXet av yevrjrat, irdvTa rd TTpdyfiara avvrapd^ai. Xeye aXXov vojulov. '^ Kal om. Z cum S. here is rather absurdly sophisti- cal : the notions of an amnesty, or of a mitigation of statutory penalties, were sufficiently fami- liar to the Athenians. Yet it is repeated § 74, where see note. Kvplav] Eeferring to rjfi^pau. As the laws are k^plol, in force, so the date of their coming into force is Kvpia, fixed by lawful authority. The phrase Kvplr] ripL^py} for ' an appointed day ' is common in Herodotus : so Kvpia iKK\riaia, the regular or fixed assembly, opp. aiyKKrjTos. iv y TidcLKe] The Greek has here a distinction which is missed in English. In the phrases d0' ri% eridrja-av, a<f> rjs av redrj above, the law itself was said to take effect ' on and after ' (dirb) a given day. Here the legislator is the subject of the verb, who can only be said to carry the law ' on ' {iv) such a day. 'jrpo(T'irepi€i\7](f>e] ' has further included.' Below, §§ 83, 209. Among classical authors it would seem that the word occurs only in this speech. §§ 45 — 55. Second objection (see § 41) to the law of Timo- crates: its partiality towards particular classes of state debt- ors. By Athenian law, no re- mission or extension of time can be granted to such persons, except under the most stringent conditions : and these Timo- crates has systematically vio- lated. Three distinct laws (or perhaps consecutive portions of the same law, see §§ 49 extr. 53 extr. ) are recited and commented on. The first (§ 45) provides that no projjosal to restore an atimos, or release a public debtor or admit him to composition with the state, shall be brought in at all unless permission has first been granted by not less than &000 Athenians, voting by ballot. Not only was this decree of Timocrates introduced without leave, but it was ' i-ushed through ' in indecent and illegal haste, at a time and in a place most fa- vourable to clandestine legisla- tion. By the second recited enactment (§ 50) even the right of petition is denied to state 126 KATA TIMOKPATOTS. [§§45—47. NOMOS. 45 [Mt^Sc irepl twv drl/jLcov, otto)? XPV eVtr/yLtou? av- TOv<; elvai, /xTjBe irepl roov oipeiXovrcov tol^; 6eol<; rj to5 715 Brjfioa-LOi) rS^ *A6r]valo)v irepl a^eo-eco? tov 6<j>\r)iiaTo^ rj Td^€(o<;, idv firj '\jri](j)L(TafJb€vcov ^ Adrjvalcov rrjv dBeuav TTpcoTov fir) eXarrov €^aKLcrxi'Xi(oi/, oh dv Bo^rj Kpv- fiBrjv 'yfrrjipL^o/jLivoc^. Tore 8' i^elvai ')(^pr]fjLaTl^eLV Ka& o Ti dv Tjj /3ov\fj Kol Tft) Brjfjuq) Bofcfj.] 46 . "AW09 ovTO^ vofxof;, ovK ewv irepl twv dri/jucov y T<2v Z Bens, cujii 2Trsv. debtors or their friends on their behalf. This regulation (the orator explains) is rendered ne- cessary by the too indulgent tem- per of the Athenian people: they are obliged, as a matter of prin- ciple, to deny themselves the luxury of listening to appeals to their feelings. But these men, driven to insolence by their fears, and at their wits^ end, have not even the grace to petition : they presume to dictate: they take away from the State all the dis- cretionary power which it now possesses of enforcing its claims. Lastly (§ 54) the existing law forbids appeals or new trials, in all cases where there has been a judgment in a suit, an account once audited, or a question of ownership decided, and that either by the verdict of a jury or privately by arbitration. Ti- mocrates is so elaborately and amusingly illegal all round that his law reads like a deposition drawn by himself to prove his own guilt. §45. NOMOS. This 'law' is entirely compiled from the next section, with a few explan- atory additions. The latter will here be chiefly noticed : the ex- pressions which come from De- mosth. himself will be discussed in their proper place. M.7]8k irepl tGjv arlixoiv] 'Nor concerning the disfranchised shall it be lawful to put the question for restoration of their franchise.' The words ottws XP^ iiriTifMovs avToi)s eXvai are added, correctly as regards the sense, by the compiler. For the legislative infinitive comp, § 20 w. : for xRVfJ^o-ri^^tv § 21 n. Tols deoLs 7j rep drj/jLoaiif] De- mosth. says simply ruiv 6(f>eLKbv- Tcou. The distinction is an im- portant one, as we learn from § 111: the forfeiture being two- fold for debts due to the trea- sury, tenfold to the gods. ots dv dd^rj Kpij^drjv \prj<f)i^oixi- vols'] a genuine legal formula is here added : the phrase occurs in the speech against Neaera p. 1375 § 89; cf. Andoc. de Myst. § 37. On the ballot as essential to privilegia, or laws affecting individuals, §§ 18 n., 59 n. Kad'' TL a.v...8oKri] Equivalent to ws dv in § 47: for a similar use of Ka6' o ti see §§ 21, 25. p. 715.] KATA TIMOKPATOT2. 127 ovBe Twv 6^6lK6vt(dv Xeyeiv ovSe 'x^pTjfiaTL^ecv Trepl a^ecreo)? rwv 6<^\rjiJbdT(ov ovhe rd^eco^, av fjurj t^9 dBela^i Bod6Lcr7]<;, koI ravrrj'^ fjurj eXarrov rj e^aKia- ')(^b\i(DV '>^7](j)iaaiMev(t)v. ovro^; 8' eypa'xjrev dvTLKpv^, Kol €i TLVi Twv 6(j)eiX6vTcov BecfMov TrpoaTerl/jLTjTai, elvac Trjv d<p€(rLV iropiaapuevw rov'^ ijyvrja-ofievov;, ov TrporeOevTO'^ ovBev6<; irepl tovtcov, ovBe Bo6eia7]<i 47 dheLa^ Xeyecv. kol 6 fiev v6/jlo<;, ovS" eTreiBdv rrjv dBeiav evpTjral rt?, eBcoKev cu? dv ^ovXyrai TrpdrrecPy dW^ CO? du rfj ^oxJXfj kol t&j B^/xw Boktj' toS 8' ov/c direxpV^^ '^ovr dBiKelv puovov, el fjurj BodeiaTj^ rrjq dBela^; Xiyeu koI vofiov elcr^epet irepi tovtcov, aWa Kol irpocren ovk et? Ty]v ^ovXrjv, ovk ek top Brj/nov eiTrcov Trepl tovtcov ovBev, ev irapa^vaTcp, ttj^; /3ofA-^9 §46. Tct^ews] 'composition' K, ' part payment ' of the debt : iVa fiipos fikv Kara^dXr, rb dk aXKo (xvyxiopV&V iP^ excused), Schol. This sense of rd^is does not seem to occur elsewhere : in Plato, Laws 844 b, which has been quoted as parallel, the meaning is rather 'a fixed quan- tity' of water where the supply is limited. T^s dSet'as hodelff-qs] From the sense of fearlessness or impu- nity comes that of permission, especially in the form of a bill of indemnity granted beforehand to enable a person to exercise a privilege not belonging to his status. Atimoi, resident aliens, and slaves, all in short who did not enjoy full citizenship, were the classes of persons for whom this preliminary vote was re- quired. See Diet. Antiq. s.v. Adeia. In Androt. § 25 and above § 31 adeia is used in an ordinary, not a legal sense. oi> irporedivTos ouStvos] ' With- out having made any previous proposal;' not simply ' a\iy pro- posal.' The double process, first obtaining permission and then making the substantive motion, was of the essence of Athenian procedure in these cases, i.e. whenever the State was asked to forego any of its rights against individuals. § 47. £4 /xri...\^yeL] fiT) of course goes with dodeiarjs, not with et : ' that he makes a mo- tion without leave.' On ei — oTi, § 32 71. ets T'qv Pov\7]V...els rbu S^/aoj'] Not a mere substitute for iv ry ^ovXrj, &c. but as Jelf, Synt. § 625 ' in the sense of coram, but with the notion of direction towards the object, as if it were reached or arrived at.' His ex- amples are the present passage and Plat. Menex. 232 a, ol ira- T^pes-.-TToWa /cat KoKct a.ire(f>'r]vav- TO eh TrdvTas dvdpuirovs. h Trapa^varcp] The Ilapd^v- (XTov is known as one of the 128 KATA TIMOKPATOTS. [§§48—51. liev d(l)6LfjL6V7]^, Twv S' oXKwv Sta TTJv eoprrjv lepofiT]- 48 ptav dyovTwv, Xadpa vojjlov elarjve^Kev. Kalroi XPV^ (76, CO TifjbOfcpare^, elSora rov vo/ulov TovSe ov dveyvcov, €i TL BiKatov ijSovXov irpaTTetv, irpwrov fiev irpoaohov rypd'\lraa6aL 7rp6<; rrjv ^ovXrjv, elra rw 3?7//-cr) BoaXe- ')(6rivai, KoX ToO^^ ovTw^i, el ttclglv ^ A6r]vaLot<; iSo/cei, ypd(peiv KoX vofioOerelv irepl rovrcoVy koI rore tol'9 )^p6vov<; dva/jL€LvavTa toi>9 ifc twv vbyiwv, Xva tovtov yi6 Tov TpoTTov Trpdrrcov, el Kai tc<; iTre'^etpei BeiKvveiv ovK eTTirr^Beiov ovra rfj ttoXcl rov vofjuov, fjiy ovv eivL- povX^veuv 7' iBo/cec'iy dXXd yvco/jurj BiajMapTwv diro- ^ Kq.0' Z Bekk. Bens, cum S. obscurer law-courts, so named as being ' stuffed away' in a re- mote part of the city {iv d^a^/et TTJs irdXeojs, Pausan. i. 28. 8). According to Pollux (viii. 8. 121) the Eleven presided in it, and there was one court called the jxicov Hapd^va-Tov and ano- ther the fieX^ov Tlapd^varov ; but Schoemann in his latest work {Antiq. p. 476) reckons the Met- ^ov and the M^aov as proper names of courts distinct from the Uapd^va-Top. Here the phrase is usually explained, after the Scholiast, as — Xddpq., 'in a hole and corner' as we say. Benseler, however, thinks it not improbable that, as it was a holiday and secrecy was de- sired, the Nomothetae may really have met on this occasion in the Uapd^varov. And XdOpg, is expressed below : which, though Dobree wanted to cut it out as a gloss on ev irapa^vaTij}, is in all the MSS'. and seems necessary for the rounding off of the sentence. d(f>€Lfji,4p7)s] §267J. — lepofir)viav] §29n. § 48. dveyvcov] Of course through the ypa/xpiaTei/s or clerk : cf. § 12 n. Trpbaobov ypaxpaadai] 'to peti- tion the council for an audience ' K. or better 'to have obtained a written permission to appear ' R. W. A rare sense of both words, at least in the Orators. The illustrations quoted are Isocr. Areop. § 16 ttjp irpbaohov direypaxpdixriv and the last sec- tion of the same speech rriv re Trpoaodov eiroi'tiadfnjv koI roiis \6- yovs etprjKa tovtovs. In these instances the middle is causal and means 'to procure a writ- ten answer' (of course in reply to a written application, but that is not expressed). Toiis xpo^ovs dvafxeivavTa] At least 19 days, from the first as- sembly of the month till the third: §§ 21 ii., 26 n. '/j/a...e5o'/cets] Androt. §§ 21 w., 28. deiKvveLv] Androt. § 34 n. Above, § 35. fjLTj ovv...ye\ ovv followed by 76 is nearly = the compound yovv. The same may be said p, 716.] KATA TIMOKPATOTS. 129 49 TV')(eiv. vvv he tS \ddpa koI Ta'^v koX irapa tov<; vofiov^ ifjL^aXelv tov vvjjuov eh tov<; vofMOVf; koI [irj Oelvau iraaav dcjirjprjaai aavrov rr^v crviy^vctyjiT^v' roX^ yap OLKOVG-LV djxapTOvaL fiereart avyjvco/jLT]^;, ov Toi<i eTTL^ovXevaaaLv, o av vvv etXrj'y^aL ttoicov. dWd yap avTiKa ipM irepl tovt(ov. vvv S' dvayiyvoiaKe tov €^rj<i vofiov. NOMOS. 50 ['Eaz^ Be Ti? UerevT) iv rrj ^ov\y rj ev to3 Brjp,(o irepX ^v BtKacTTrjpLOV rj rj ^ov\rj rj 6 8rj/jL0<; Kareyva), edv fiev avTO^; 6 6(f>\60V iKerevrj irplv eKrlaat, evBec^iv of the combination dXX' ovv in certain cases where dXXd ap- pears to be redundant, as in Aeschin. Ctes. § 86 toi>s fxeu irpu)- Tovs xpo^'oi'S oXK' ovv irpoaeTTci- ovvd' v/Mv eJvai 0i\oi; 'during the first period, at any rate, they pretended to be your friends.' § 49. ri^...iix^(x\eiv...Kal [irj detvaL] 'by foisting your law into the statute-book, instead of passing it' in the regular way. Or as K. : 'I will not say passing, but foisting &c.' et\7)\paL\ This unusual word occurs also in Deinarch. c. De- mosth. § 103. rhv e^rjs vofxov] The SchoHast remarks, rightly it would seem, that the law in the next section is (he should have said, purports to be) a continuation of that in § 45. Cf. § 53 TQu ixera tovtov § 50. ^ NOMOS. So far as it is compiled from genuine mate- rials, this 'law' is an important authority for our knowledge of the process called Endeixis. So jealous was the Athenian people of any 'contempt' (in W. D. the legal sense) of its sovereign decrees, that it was made an offence even to petition for re- lief from a fine or a judgment- debt. Till it was discharged the debtor laboured under an at least partial disqualification : and any attempt to exercise political rights or hold office laid him open to this prosecu- tion. If he wished to prove that the sentence ought to be reversed, or that money was due to him from the state, he had first to gain a locus standi for his petition by a literal com- pliance with the decree of the dicastery, senate, or assembly as the case might be {iroLeiv tcl dlKata ciyy, below § 52). 6 6(p\o}v] For the distinction between 60X wi'and d^e^Xaji/comp. Androt. § 34 n., above § 39 n. Eeiske not knowing this wished here to read 6<p€i\cov against all MSS.: for which he is corrected by G. H. Schaefer. The latter refers to two passages in the speech against Theocrines: p. 1328 § 21 TOV vo/Mov t6v dirr' iKel- vrjs KeXeiovra ttjs rjfxipas dcpeiXeiv, a^' ^j av 64>k7}t and nearly the 9 130 KATA TIMOKPATOT2. [§§ 50—53. elvai avTov, KaOdirep idv tl^ o^etXcov tm Btj/jloo-Io) 'qXid^rjrat' idv 8' aXXo9 virep rov (0(j)\7]K6ro<; iKerevT) irplv €KTL<rac, 8r]/j,oala earco avrov rj ovala diracra. idv Be T49 Twv TTpoehpcov BS Ttvl rrjv iTri^eipoToviav, rj avTw TO) (i)(J)\7)k6ti rj dWo) virep iKelvov, irplv iKTiO-at, dTL/JLO<i eCTTft).] 51 "EcTTi fjLev epyov, w dvBpe^ BiKaaraX, el irepl^ irdv- TODV Toov vofMCOVy oh ovTO^ ivavTiov elaevr}vo')(ev, ipov- fiev' d^cov B\ el irepi rov koX aXKov, koI irepX rovBe ov vvv dviyvco BceXdelv. 6 yap rov v6/jlov tovtov, co dvBpe<i ^AOrjvaloLj Oel^ yBec rrjv (pcXavOpcoTrlav koI TTJv TTpaoTTjra ttjv v/juerepav, koI Bud ravrrjv ecopa irepl TToXKoov vfid^ eKOvra^ tJBt] Trore fieydXa ^rjfitcj- » eivep xepl Bekk. Illud ZTfir. same words p. 1337 § 49. We see from these the summary character of Athenian legisla- tion : no period of grace in which to find the money, at least after judgment had been given, but immediate loss of civic rights until it was paid. T/XtdfTjrai] = Si/cd^T;, as i^Xiala is often synonymous with 5i/ca- oTTipLov. The word is quoted from Lysias by Harpocration, and occurs several times in Aristophanes. On the spirit of this enactment, and the case of a poor man capitally punished for earning a few obols as a ■dicast, see the note on Androt. hi^...TTiv iirLX€tpoToviav} = iTn- Xei-poToveiv § 39. This sense of the word betrays the gram- marian : ' to put the question ' is properly einxf^T^cpi^eiv (Androt. § 9; below, § 54). The subst. iin\pri(f)L(yLs is not found in clas- sical writers. The Attic usage of iirix^ipoTOvla (§ 20 ff.) is limited to the phrases iirix- tCop v6/xci}v and einx- t^v dpxCoV' arifMos ^arcj] It was only in this case that the Proedri were made responsible for the ques- tions they put to the vote : in other cases the remedy was a ypa<p7] irapavbfxwv against the proposer of the law, Androt. §9w. § 51. "Ecrrt jxh ^pyov] ' It would be a job:' ' I should have enough to do :' ' Es ist eine schwere Ausgabe,' Benseler : rather than as K. ' it would be tedious.' irepl TroWcou . . .T]8r) -ttot^] ' da- durch schon in so manchen Fal- len ' Benseler : * that by reason of it you had on so many oc- casions before then submitted to serious loss ' K. This usage of irepl is rather uncommon: a tolerably near parallel is Plat. Gorg. 467 d "AXXo tl ovv ovrta KoX irepl irdvTWV, 'is it not SO in all cases?' quod attinet ad omnia, Heindorf. p. 717.] KATA TIM0KPAT0T2. 131 52 6evTa<;. fiovKofievo^ 5?} fjLrjSefjLLav 'Trp6<pacnv rov rd KOLvd Kaicco^ ^X^^^ VTroXLTrecv, tov<; ixerd tcjv vofMayv 717 Kplaei Koi Bc/caaT7jpL(p /jltj BiKaia iroielv iyvwa/juevov^ ovK atero helv rrj^i evrjOela^ t^9 v/ii€Tepa<; dirokaveLV, TO SelaOac koi fierd GviJb(^opd<; iKereveiv e^ovTa^ d(f)op/jbi]v, aXX' oXa)9 aTrelTre fiyr avTM /aijt dWoo fiTjSevl /jutjO' iKerevecv firjTe Xiyecv virep roov tocovtcov, ^^ dWd iroLelv rd StKaca crcryfj. el tolvvv tl^ epoid^ vfjidt; 7roTepoc<; ixdXkov dv el/coTcof; iroirjaaiO^ orcovv, Toh B60fjL6voi,<; 77 ToU eTrtTaTTOVO-LVj olS' ore (jirjaaLT dv Tol^ BeofjbivoL';' ro fjuev ydp '^prja-rwv, to B^ dpdv- § 52. Tou TO, Kotva /ca/ccDs ^Xetj/] 'for the public interest suffering:' i.e. the finances, which alone are the subject of the laws discussed in §§ 45 — 55. Tovs fxera tG)v v6iJ.o}v...iyvo}- a-fi&ovs] 'who in accordance with law, after a regular trial and by the sentence of a court have been convicted of misconduct.' We might also translate Kpiaec Kul 8LKaaT7]pi(p as a hendiadys, *by the verdict of a jury.' €vr)d€ias] ' good-nature,' is the <f)iKavdp(jt}iria and irpabTrjs of the last section regarded from a con- temptuous point of view, An- drot. § 78. Ascribed to Athe- nian juries, i. Aristog. p. 773 § 12 dTTo TTjS avvrjOovs evrjOeias €la€\7]\v96T€s KadedeTade, ' if you come into court and take your seats in your usual easy temper :' joined to dTroXai^etj^, Aeschin. Timarch. § 56, dToXeXavKCbs, ws X^yerai, ttjs eKelvov evrjdelas, 'having made a profit out of it.' iroLeXv rdt, 5t/cata] 'to comply with the law, ' on pain of being punished for contempt. The affirmative verb is supplied from the negative dTreiTre: cf. Soph, Oed. Tyr. 236 rdu dvbp dirav5(a TOVTov — ix-f]T eiahix'^^^^o-'- M^re irpoijcfxijveiv Tivd \ (hdeiv S dtr oUwv irdvTas : and other ex- amples in Jelf, Synt. § 895, 9, Madvig, Synt. § 213. § 53. IT OT^ POL'S... oTiovv'] ' for which class of persons you would be more likely to do anything,' dat. commodi. rd [xkv yap XPW''^^^ ^b 5' dvdv5pu}v'\ i. e. rb ixkv yap detcrdat. Xp'n'^TCov, TO 5' eTTirdrTeiu dvdv- bp(jov. I should not take xpV- ardv as ' kind-hearted ' K. ' gut- herzigen' Benseler, but rather ' honest, conscientious, ' com- paring Fals. Leg. p. 390 § 157 = 173 ou5' dvayKaadhT avrwv ovdha Set doKeiv xpV'^'^ov etvai ttj- fiepov : ib. p. 430 § 277 = 315 i<p' rjixiaelq. xPV'^'^ou ' half honest.' It is nearly = fi^rpios, 'law- abiding,' Androt. § 25 n. The connexion of ideas between cow- ardice ' and ' dictation ' (eTrt- TaTTciv) is not quite obvious : the meaning apparently is, that fear of the consequences of their actions urges men to override the laws. 9—2 132 KATA TIMOKPATOT2. [§§53—55. Spcov dvdpcoTTcov epyov iariv. ovkovv ol v6/jlol fjuev cLiravTe^ irpoardTTova-iv d ')(^prj iroietVy ol Tc6evTe<i Be Td<; lK€T7]pLa<i heovrat. el Toivvv iKereveiv ovk e^eariVf T) TTOv vofjLov J eTTLTayp^a €)(OVTa ela^epeiv ; e<yw puev ovK olpai. Kol yap al(T')(^pov irepl wv p,r]Be '^apl^ecrdai Eeiv v'7r€L\7](f)aT€y irepl tovtcov aKovTcov v/jlojv edv a> TLve^; povXovTaL TTpa')(6rivaL. Aeje TOP fierd tovtov e(pe^rj<;. NOMOS. 54» \^'0(T(ov SIktj TTporepov iyevero rj evOvva rj BiaBt- ol Tidiures 8i rds iKeTrjplas] Above, %12 n. The placing the suppliant bough might even sometimes be a capital crime, Andoc. de Myst. § 110. el. ..OVK ^^effTLv] Androt. § 18 n. 7) Trov...€la-<l)ip€iv','] 'can it be permitted to introduce a law, vyhich implies command?' The argument of §§ 45 — 55 is sum- med up in these words and in the following, irepl wv fx-rjd^ X^P^- ^eadai bttv vTreiKTjcpaTe, *in cases where you have deemed it right to abstain even from acts of grace.' The denial of the right of petition, when a judgment had once been pronounced, in- volved a fortiori the rejection of what would now be called ' relief bills, ' of which the law of Timocrates was a glaring instance. olfiaL] A silent correction of Dindorfs: the MSS. and the other critical editions read ofo- /itti. Cf. §§68, 72. rbv fiera tovtov e^e^T^s] § 49 n. § 54. Here, as in § 50, the substance of the ' law ' is com- piled from Demosth. himself in the context, with the irrelevant and even nonsensical addition firjd^ KaTTjyopelv icvvrcov k.t.X. "Ocrcov 5iK7] irpoT^pov iyeueTo] In Athenian law there was little opportunity for bringing ap- peals properly so called: the verdict of the dicasts was gene- rally final and irrevocable: the same issue could not be raised again, except in an indirect manner. The exceptions may be classed as a 'motion for a new trial ' {dtKr] dpddiKos, dva- diKia, Tra\iv5iK€iv) and an appeal in the stricter sense (^0e(rts). The former was granted (1) if the prosecutor had gained a verdict by default {iprjfnju \ay- Xdveip), and the defendant could prove that such default was not owing to his negligence; in which case he was said epTj- vr]p dvTiKaxe'Lv, Demosth. c. Ze- noth. p. 889 § 27. (2) If the loser convicted his opponent's witnesses by a 5iKr] x(/evSofiap- TvpiQv, he might next proceed against the principal himself by a blKT) KaK0Texvi.(>iv for suborna- tion of perjury ([Demosth.] c. Everg. et Mnesib. p. 1139 § 1, c. Timoth. p. 1201 § 56) : and if again successful, might ob- p. 717.] KATA TIMOKPATOTS. 133 Kaaia Trepi tov iv hiKaarTjplm, rj IB la rj Brjfjuoa-ia, rj to BrjfiocTiov aTriSoTo, firj elcrdyeiv irepl tovtwv et9 to BiKaaTTjpiov fJurjS* iTrtylrrjcpl^eiv twv dp-^ovTcov fJUT^Beva, fiTjBe /caTTjyopelv ioovTcov d ovic iwacv ol vopuot^ 55 TtfjL0KpdT7]<; TOLvvv, coairep fiaprvpiav wv dBiKcl ypd(J30)Vj 6v6v<; dp'^^ojMevo^ tov vofiov TavavTia e9rjK€ tain a rehearing of the original suit. The appeal called ^^ects was allowed only in the following cases: (1) From a decision of the public arbitrators (SiatTTjrai KX-npojToi) : (2) From a hia-^- (piffis or decision of a man's dTjfjLOTat adverse to his rights of citizenship : (3) From an im- ySoXij or fine summarily imposed by a magistrate; but not from the Ti/xT]/jLa or fine assessed by a jury: (4) In the diKai dirb avix- ^o\(j}v, when one of the parties was a citizen of a foreign state, between which and Athens the agreement called o-iv/ijSoXa exist- ed. The accounts we have of these appeals, mostly derived from Pollux, are by no means clear. (Condensed, with some cor- rections, from Diet. Antiq. s. v. Appellatio {Greek). See further detailsunder therespectivehead- ings: Pseudomartyrion, Kako- technion (the latter also in Da- remberg and Saglio), Diaetetae, Diapsephisis, Epibole, Dikai apo Symbolon: and comp. Sandys' Introd. to i. and ii. Steph. in Demosth. part ii.). eSduva] This word is rare in the singular, especially in the technical sense of ' examination on quitting office,' 'audit of accounts. ' We find however in Lys. Or. xxv. § 30 TroXXds 5^ apxas dpxovTes ouSe/iicts cvdvvijv didoafftv: and in Aeschin. Ctes. § 17 e^ fjirf Tis earlv evvoias ev- dvva. The forms evdvurj (plur. evdvuai) or eiidvva (plur. cCdwat) are deemed equally good by Shilleto on Fals. Leg. p. 346 § 52: Dindorf and the Zurich Editors prefer the latter without absolutely rejecting the other. Hence, in the passages just cited, Dind. leaves evdvvrjv in Lysias where all MSS. agree, but reads evdvva in Aeschines from one corrected MS. The Scholiast likewise favours ev- dvva.: Trepi 8^ tov rbvov t^s evdvv7j% "qbr) eiirop.ev 6ti irpoirap- o^tjverat. dia^LKaala] Above, § 12 n. t} t6 Srjfjiocyiov] i.e. t) 6'(ra r6 h-qfjiocnov awiSoTo. The cases in which a rehearing is here re- fused are (1) judgment in an ordinary suit, diKTj: (2) the case of an outgoing magistrate, de- clared by the eOdwoi or auditors to owe monies to the State: (3) questions of ownership : (4) sales by the treasury. These last would refer to confiscated property {ova-ia driaocxla § 50): no action would lie against the purchaser of such : the State's having ordered the sale would constitute a • parliament- ary title,' so to speak. fiT] eladyeiv] §§ 10, 14 : for the construction, §§ 20, 45. fX7]8' iirtxj/ijcpi^eiv] § 50 n. 134 KATA TIMOKPATOTS. [§§ 55—57. TOVTOL^. 6 fjLev ye ovk id irepl wv av aira^ yvco Bi/ca- arrjpiov ttoXlv '^prj/jLarl^eLV ' 6 8' eypaylre, kol el tlvl TTpoareTL/juTjTaL Kara vojxov rj Kara -^r^^LafiafTov Bfj/juov TOVT(p ')(^p7j/JLaTt^etv, OTTco^i a fxev ejvco to hifcaarripLov yi^ XvOrjaeTaL, KaraarrjaeL S' eyyvTjrd^; 6 o^Xcov. kol 6 fjL€v v6fjb0<; /jltjB^ e7n^fn](j)L^€LV ^7]al tojv dp'^ovrcov irapd ravra fiTjBeva' 6 8' eypayjre rol'i 7rpoe8poi<; eirdv- ay/ce^, edv tl<; KadiaTrj, Trpoadyetv, koI irpoaeypa'^^ev " OTTOT dv Ti? fiovXrjTatJ^ § 55. xP'7A'«"T'f"'] -^S ^P" plied to the presiding magis- trates, this word has been ex- plained §§ 21 n., 45. The phrase rbf Srjfiow tovti^ -xfitifJ-aTl^eLV is unusual, but merely extends the same notion: 'the people shall deal with the matter on his behalf.' K. Sttwj a iJih ^yv(a] ' SO that the decision of the court may be reversed, and the accused party may put in bail :' K. nearly. MS. 2 with some others reads Karaa-Ti^a-r) : but usage, and XvBt}- crerat preceding, are decisive in favour of the future. On this question, generally referred to as 'Dawes's canon,' see Jelf, Synt. § 812, Madvig, Synt. § 123. Cobet Var. Led. p. 108 will not hear of the aor. subj. even as an exception, but it must be admitted that there are passages, such as Plato, Protag. 313 c, where all MSS. are against him. — 6 6(p\uv] § 50 n. ^ypa\pe...irpo(ya.'yeLv'\ 'provided (inserted a clause to the effect) that the Proedri shall present the bail ' to the people for ap- proval. Dobree wanted to read Toi>s irpoidpovs, as in § 39: if such uniformity were required, the usage of Demosth. himself is to be preferred to that of the interpolator of these documents. §§ 56—58. The law of Ti- mocrates sets aside decisions of the courts which have already been carried out. It thus not merely introduces a dangerous confusion into the administration of the laws, hut insults the honest juries of constitutional times by treating them, precisely like the hated Thirty, whose acts were declared null and void. The common-sense objections to retroactive legislation had been already stated in §§ 42 — 44 ; in their present form they are merely ad invidiam arguments intended to prejudice the jury. Demosthenes must have seen clearly the difference between the revolutionary enactments which unsettle the relations of property, and the mere proposal that a certain class of debtors to the State should be treated less harshly, and that this mea- sure of relief should include those already indebted. But it did not suit him to rest his case solely on its merits ; we are reminded of the words of the Second Argument, t6 fiiv vbiiL- IX.OV Ke^dXacop evTeX^araTaetpya- arai, t6 dk dlKaiov Kal rb cifi- (pepov Kal t6 dwarbu aXKTjXois crvfiTrXiKeTai (p. 699, 5). p. 718.] KATA TIMOKPATOT2. 135 56 Aiy erepov vofiov. NOM02. [Ta9 8iKa<; koI tcL^; hiaira^;, oaai iyevovro eVt T0?9 v6fJLoi<s iv ByfJuoKpaTOVfievy rfj iroXei, Kvpia^ elvai.^ Ov (ftrjcri, TifMOKpaTTj^;, ovkovv OTrocrot? y av Se- (Tfiov irpocrrc/jLTjOrj. Aiye. NOMOS. ['OTTOO-a 8' iirl tcdv TpuaKOVT iirpd^dr] rj BIkij iBi/cdo-drj, 97 IBla rj Byfjuoa-la, aKvpa etmt.] 57 'ETTtV^e?. etVe /jloi, tl BeivoraTov TrdvTe^ av aKOVcravre^ ^rjaatre Koi^ fxaXiaT av aTrev^aiade ; oi}%l ravra rd irpdyfiara, direp rjv iirl twv rptdKOvra, ^rj yevecrOab ; eycoy olfiai. 6 yovv vofio^ ovroal €v- ^ Kal tL Bekk. cum yp. S. § 56. iv SrjfioKpaTovfjLivri ry you (naturally) declare to be ir6\et] 0pp. to eirl rdv rpid- the most monstrous thing?' KovTu, and probably also to the The very mention of the Thirty earlier oligarchy of 411. Comp. would remind an Athenian §§ 42 n. 76 n. audience that this was the bit- €Trpdxdv] 'voted' (bestimmt) terest passage in their history, rather than ' done ' expresses This is substantially Benseler's the meaning of this word. The explanation (die Ihr das gehort) reference is to the ' acta ' as the and seems more exact than K.'s Bomans would have called them ' what would you say was the or judicial decrees of the Thirty : most dreadful thing you ever i.e. mostly to the executions and heard ? ' confiscations decreed by a pack- firj yeviaOaL] fx-q is added he- ed assembly at their bidding. cause of aTrev^aiffde : ' deprecate -^ dlKTi] Our law-compiler is the repetition of.' K. rightly, here not happy in his Greek. So in the next sentence aTeiTre Eeiske explains this by oTroar) ...firj K'upia eXvai: above § 31 biKt}; but in Attic we should ex- abeiav toO /xt] tl iradetv. pect oirbaai 5t/cat or et rts Ukt}. 6 yovv v6/j.os ovroat] yovv ex- § 57. aKovaavresI ' When plains ^7^7 oTyuat. * I think so ; you heard ' (that law read, like at least this seems to be the ivedvp.ifjdrjT avayLyvu}(x Ko/nivov rod meaning of the law ' &c. \J/7i<pi(rixaTos § 28), 'what would 136 KATA TIMOKPATOTS. [§§ 57—59. Xa^ovfievo^, cw? ifJLoX Sofcel, to tolovtov aireLire rd, 'iTpa')(6evTa iir eKelvcov fjurj Kvpca elvai. ovToal roU vvv TTjv avTTJv fcareyvco Trapavofiiav rwv iirl rrj^ Stj- fiOKparla^; Treirpay/jLevcoVyyvTrep twv eV eK€LvcovvfjL€L<;' 58 ofiolco^ yovv cLKvpa irot,el. KalroL n (^rjaojjbev, co dvBpe^ *K6r)vaioi, tovtov KVptov top vo/juov idcravTe<; ryeveadai ; irorepov ra hLKaarrfpia, a Brj/jbOKpaTOV- /JL€V7)(; Trj<; TToXeo)? i/c twv ofMCOfiOKorcov irXi^povrai, ravra dBLKrjfiara roU i'rri rrSv rpLCLKOvTa dBtKetv; Kol TTcS? ov heivov ; oiXkd StKaLco<; i'yjrr)(l)La-dai ; tlvo<; ovv 6peKa Tov Xvaovra ravra vojjlov Oeadat ^rjaofxeVy wXrjv el rovro ri^ eliroL, fiavevr€<;' dXXo yap ovk 719 eartv elirelv. eiXa^oifxevos t6 toiovtovI • providing against such a con- tingency ' K. ovToal ToLvvv] ovroal is now the defendant Timocrates, not the law. Kariyvb}} * imputed the same illegality.' According to De- mosthenes, T. had implicitly set aside all judicial decisions by reversing some. § 58. edaavres] ' if we allow ' ...The confirmation of T.'s law would depend on the result of the present trial. CK tCov 011(1} jxoKbTiav TrXT/poOrttt] •are impanelled from among those who have sworn (the He- liastic oath):' not simply 'of sworn men.' Comp, § 21 w. : §§ 149 — 151. Benseler, who is usually careful in noticing the variations of MSS. and Edd., here reads KX-qpovrai without re- mark: not accidentally, as is shewn by his version ' durch Loos besetzt werden.' If the reading of all the MSS. {ttXtj- povT€ in S is no real variant, § 85 n.) needed any justification. it might be found in § 92 SiKa- arrjpLa TrX-qpovre. €\f/r]<ptadaL] diKaar^pta is the subject both of ddiKeiv and of €\l/T](pia6aL : ' shall we say that they commit the same crimes as under the Thirty (whose ac- complices in guilt they were) or that they have given just ver- dicts?' diadai 4)7iao/j.€v] The subject of diadai being the same as of ^r,(Top.ev is not expressed. 'If so, what reason shall we assign for passing a law to rescind their judgments ? unless we were to say it was an act of madness.' K. nearly. With fia- vivres supply edifieda, not 6i- adai which would require iiaviv- ras after etiroi ris av. §§ 69, 60. The argument against privilegia, just touched upon in § 18 eirl irdai tov avrbv vdfjLov ridivai KcXevei, re-stated and amplified. The laio forbids the proposal of any statute not applying to all Athenians, un- less by the votes of 6000 citizens, taken by ballot. The very word- p. 719.] KATA TIMOKPATOTS. 137 59 Ae^' dWov vofiov. NOMOS. [M-T^Se vofiov e^elvai iir dvBpl Oelvai, iav firj tov firj eXaTTOv €^aKi(7')(^L\Lcov, ot<i av So^y Kpv^Srjv yjr7](f)t,^o/jL6voL<;.^ OvK id vofjLov aXX' tj tov avrov TtOivac Kara rcov wokiTCdV TTCLVTODV, Ka\(jo<; KoX Bij/jLOTLKcijf; Xiycov. " rj om. libri. rj — \j/7)<pi^ofJL4vois om. Dind. ing of this decree of Timocrates shoivs that he has not complied with the enactment : he excepts by name the farmers of taxes, the lessees of the revenue, and their sureties. There is no pre- tence that such persons are the greatest offenders, the least de- serving of relief from the law of imprisonment. Your proposal stands disclosed for what it is : a barefaced attempt to favour peculators, or rather open plun- derers, of the public money. § 59. Tidy, 7] \py}(f)L(Tanh()}v'\ See the various readings. Dindorf's excision of the latter part of this document is certainly too bold : and (though as a rule adhering to his text) I have here followed the other recent Editors in re- taining the passage as it stands in the MSS. with Reiske's very slight correction. It is true that in Aristocr. p. 649 § 86 the law is quoted without the addi- tional words : and that De- mosth. did not need to cite them, perhaps was not likely to cite them (as weakening the force of his argument) for his present purpose. But we have to bear in mind, not what the clerk was likely to have read at the bidding of Demosthenes (which, it is now admitted, no one really knows) but what the com- piler of these ' laws ' thought fit to insert in the text of his au- thor, as his own notion of what had been read. Similar clauses are found in the law of § 45, and however irrelevant, may very well have been inserted here. Without some correc- tion, however, the reading of the MSS. yields no sense: it fails to mark the distinction be- tween the general rule and the exceptional privilegium. The author of the 'Leges Atticae,' Samuel Petit, proposed to insert edv ixri before xprjtpicaixhwv, as in Andoc. de Myst. § 87 where the law is quoted iav nrj tov avrbv itrl iracLV 'Adrjvaiois, iav fx-f] e^a- KLcrxi-^iois do^Tj Kpv^orjv \f/r](pi(Ta- fxivoLs. Reiske's correction ac- counts best for the reading of the MSS. as tj might so easily have dropt out after TLdrj: otherwise the inelegant repeti- tion of iav fuq may be defended by § 45 and Andoc. I. c. Kara tQv ttoXituiv TrdvT(i}v] = iirl TrdcxLv 'AdrjvaioLs above, ' ap- plying to.' For this use of Kard comp. II. Phil. p. 68 § 9 8 Kal 138 RATA TIM0KPAT0T2. [§§ 59— Gl. Sa-irep yap t^9 dWyf; irdXcreia'; 'io-ov jJuerecrTLV eKCKTTcp, oi)T(o KOi TOVTCDV Xdov iJLeTe')(^eiv eKaarov d^tol. Bl oO? /juev TOivvv ovro^ elaecfyepe rov vofjuov^, vfjL€t<; ovBev ijJLOv ')(elpov yiyvchaKeTe ' avev Be tovtcov avT6<i cofioXoyrjae [xrj eVt irdo-L rov avrov TeOetKivac, TrXrjv irepl twv reXwvwv koI tcov /jLtcrdov/JLevcov koX Toov TOVTCOV iy<yv7]TQ)v ')(^prja6aL Trpoaypd'^a^:; to3 vofjucp, ovKovv oiroT elcTi Tive^ 01)9 d^opl^ei<;, ovk dv ert 60 €M79 €7rl irdcTi tov avTov TeOet/cco^. kol fjLrjv ouS* eKelvo y dv eliroif;, co? o(tol^ Bea/jLov TrpoaTifjudTaiy TOVTCOV fJbdXccTTa rj Ta fJieyiaTa dBiKova-iv ol Tekcovai, &(TT€ fjLovoL^ avToh fJLrj [leTaBovvau tov v6/jlov. ttoXv yap Brjirov fxaWov ol irpoBtBovTe^ tl twv kolvcov, ol T0V<; yoviaf; KaK0vvT€<;, ol firj Kadapd^ Ta9 ')(e'lpa<i ^ rhv vofiop om. Z cum SAZ et pr. k rrju Dindorfii operae. fi^icTTOv icTTL Kad' vfiQiv iyKcv/xiov : Aeschin. Ctes. § 50 ol Kara Arj- fioad^vovs ^iraivoL. Jelf, Synt. § 628, 2. KoXQs Kal St]ij.otik(2s] Above § 34 St/catws Kal a4>65pa vir^p tov diqfjLov. Below § 69. — avev 8^ TovTUp] ' and besides : ' cf . Aristocr. p. 657 § 112. TeXwj'WJ' fMicrdovfievcjv — ^7- yvrjTcov] Compare § 40, where a further class of revenue offi- cers, the eKXoyeTs or eKXeyovres are mentioned, and fiLadovixivwv is expanded into twv to. fiiadd}- aifia fXLadovfxepuv. § 60. ol Trpo8ld6pT€S Tl TWV Kotvuv] Howvague these charges might be is well shown in C. K. K.'s article ' Prodosia ' in Diet. Antiq. The punishment was usually death : but we find be- low § 127 Kal Trpodocias ye aXoi/s Tpla ToXavra air^Tiae. Tods yovias /ca/cot/vres] Diet. Antiq. s. v. ' Kakosis.' If we may trust Andocides, those found guilty of /cd/cwcrts yovkwv were among a large class of offenders of whom he says ovtoi iravTes aTifiot rjaav to, aco/xaTa, TO, d^ xP'ht^o.Ta elxov, de Myst. § 74. And this Atimia involved exclusion from the Agora, be- low § 103, Androt. § 77. fXT] Kadapas tcls %e?pas] Homi- cide, even when purely acciden- tal or excusable, was regarded in the religious point of view as a pollution of the city and terri- tory of Athens, and required cere- monial expiation: a principle common to the Hebrew and other ancient codes. The (popiKal dUaL will be fully treated in the notes to the speech against Aristo- crates, of which they form an important portion : for the pre- sent it will be enough to refer to Diet. Antiq. s. v. 'Phonos;' and for later views, Schoemann Antiq. pp. 467 — 471. p. 720.] KATA TIMOKPATOT2. 139 069 6i €')(0VTe<^, elcTLovTe^ 3' eh tjjv djopav, aBtKovcrLv. aTraaiv ol jjuev V7rdp-)(0VT6<; vojjlol Beafjuov iTpo\e<yovaLVj 6 he a6<i \e\vadai BiBcoacv. aXV evravOa iraXiv KarajjLTjvvet'; virep wv eriOei^^ ' Bed yap to /jltj reXayvrj- aavTa<; o^eiKetv avrov^, dXkd /cXe-x/raz^ra?, /judWov B* dp7rdaavTa<s id ')(^py/jLaTa, Bid rovr ovk i^p6vTiaa<;, otfiat, Twv reXcovcov. TIoXXou? S' dv Ti? ^'%ot v6/jLov<; ere koL Ka\(S<i 720 e')(pvra'i BeLKvvvai, oh Trdaiv ivavrio^ ecrrXv ov ovto<; reOecKev. dX)C to-fw? ejw fjuev, el irepl irdvrcov ipw, e^coaO^aojuac irepl rod /jltjS' eTrcrrjBeiov oXco? v/jlIv elvat Tov vojjLov elirelvy v/jllv S' 6fjLol(o<; evo')(o<i (jyavelrac rfj ypa(j)f}, koI el evl rwv ovroav voficov evavTio<i ecnlv. TTcG? ovv /JLOL BoKel ; Tov<; /juev dWovi idi^, irepl B' ov \e\vadaL dldoa-Lv] ' grants an immediate release.' The perf. infin. implies the continuance of the action as well as its sud- denness : such prisoners are to be, and to remain, released. So Thucyd. i. 87 § 6 7) diayuw/xr] TVS €KKK7]aias tov rds <xirou5as \e\vadai. Comp. Jelf, Synt. § 399, 2: Madvig, Sijnt. § 171 Bern. 1. Goodwin, Moods and Tenses, § 18, 3. vv^p uv erideis] ' in whose in- terests you proposed' the law: like 5t' ovs ovtos eiai<pepe in the last section. §§ 61—65. Time wmld fail me to speak of all the laws to which that of Timocrates is re- pugnant. I ivill take but one more example, a law formerly passed by himself, which will make him his oion accuser. In it he increased the stringency of the proceedings in cases of im- peachment {elaayyeXia), andpro- vided that those sentenced to a fine should be imprisoned until it was paid. Such inconsistency shows that he would do anything for the sake of gain, and is ut- terly shameless. He deserves the penalty of malefactors who confess their guilt, that he should be punished without trial : for the repugnancy of his two laws with one another amounts to a confession of guilt. % 61. i\o}(TdT]aoixai. ... eiireiv] The usual construction would be TOV fjLTi elireiv : and the simple infinitive is especially rare after the passive voice. The exam- ples with KaT^X^^^i K(i}\v€lV and the like, in Jelf, Synt. § 664, and the passage quoted here by G. H, Schaefer, Soph. Aj. 69 iyw yap d/xfiaTOJv diroarpo- (povs I avyasaireip^w arjv TrpoaorpiP elcxidelu, are for this reason not exactly parallel. Trepl TOV . . . elvai] ' on its being contrary to public policy,' as in §§ 1, 33, 48, 68:== COS Kai fiiyaX' dv ^XaiTTOL just below. irus ovp fioL doKfi] 'What course then shall I take?* K 140 KATA TIMOKPATOT2. [§§ 61—63. TTporepov iroT avro'^ ovto<;^ eOrjKe vojjlov SieXOovr eV eKeZvo levac to jmipo^ T'fj<; KaT7]yqpLa<; rjBr], co? Kal fxe- 62 7aX* av /SXaTrrot ^yevofievo^ Kvpto<; rrjv ttoXiv. to fiev ovv T0t9 Twv aXX(ov ivavTLOv elaevijvo^^^euat vofJLOv Secvov fxeVy aXhJ dXkov SetTai, KaTTjyopoV to Se tm v(f> kavTov^ irpoTepov Kecfievay vofjuw TavavTia Oelvai, TovT rjSr) TTOcel /caTTjyopov avTov auTov yeyevrjaOai. Xv ovv TOVT elBrJTe ycyvo/xevov, dvayvcoaeTai tov vofiov vfitu avTov ov ovto<; edrjKev' iyco Se aKoirrjao- fiat,. Xeye. N0M02. 6^ [TLfioKpaTTj^ elirev, oiroaoL ^ A.dr]vai(ov KaT elaay- yeXiav i/c r^? ^ov\rj<; rj vvv elcrtv iv tm BecrfKOTrjpLO) « ovTos om. Z Bekk. C7im S et pr. T. ^ TO ^ aiiTov Z Bens, cum S. §62. TO fikv ovv...KaTrjy6pov\ * Now to have introduced a law contrary to the laws of (passed by) other men, is a great of- fence, yet it requires another party for accuser.' K. nearly. ava,'yvu}(TeTai.'\ § 12 n. § 63. /car' eicxayyeUav] The commonly received meaning of this term is ' an impeachment before the senate or the assem- bly of the people for all ex- traordinary crimes committed against the state, and for which there was no special law pro- vided.' But it is not easy to reconcile this very general lan- guage concerning the d'ypa^a Srjfidaia aSiKr}/j.aTa (Pollux viii. 61) with the vofio^ elaayyeXTLKbs of the text, of Pollux I.e. and of the Lexicon Khetoricum Can- tabrigiense s. v. elaayye'Sla, a law which is described as limit- ing the term to certain speci- fied offences or at least classes of ofifences. Our knowledge of the recorded cases of elaayyeXla has been greatly increased of late by the discovery of the pa- pyri of Hyperides ; and the sub- ject has been exhaustively dis- cussed by Dr Herman Hager in the Journal of Philology, iv. pp. 74 — 112. The classes as defined by the law may be grouped as follows: (1) An Eisangelia /cara- Xi5crea>s toO drifiov, (2) irpodofflas, (3) for giving bad advice to the people [only against a prjTup or professed public man, not against an l8nbTT]s], (4) edu tis dStKy irepl TO, ev rotj veuplois, ap- parently a special form of irpo- doaia designed to hedge in with additional safeguards the all- important maritime defences of Athens. To these Dr Hager adds (5) Eisangelia for offences against the commercial laws, of which last sort the following examples are adduced, (i.) A p. 720.] KATA TIMOKPATOTX. 141 Tj TO XoiTTov KarareOwcn, fcal firj irapa^oOrj 77 KaTou- ryvcocTL^ avTWv Tol^ 66a/jLo9eTai,<; vtto tov ypa/jLfiarico^ Tov Kara Trpvraveiav Kara tov ela-ayyeXTLfcbv vofiov, heh6')(6aL^ eladyecv tov^; evBexa eh to hiKaaTTjpi.ov s add. Tols dea-fioderaLs Z Bens, cum libris. man was punished capitally etV- ayyekdds ev ti$ drjfKp for raising a second mortgage upon the same property {eTn8edaveLafjt.4vos, Demosth. c. Phorm. p. 922 § 50) : (ii.) The 22nd Oration of Lysias, Kara tQv (nToiroiKdv, is an Eis- angelia against ' forestallers and regraters ' who had bought up more than 50 <popfiol at one time, exemplifying, it may be added, all the fallacies which prevailed until very recently on the subject of the corn trade. Several of the cases on record do not at first sight come under any one of the above heads : and Dr Hager's conclusion is ' that elaayyeXia was applied to crimes enumerated in the vo/xos elaayyeXTLKos, but also to all other crimes which ' by a legal fiction could be brought under that law {I.e. p. 78). When we consider the extreme elasticity of the terms /carctXvcrts rod drjfxov and irpobojia at Athens, it is clear that prosecutors need ne- ver have been at a loss. The traditional statement adopted from the grammarians by most modern writers, that the prosecutor in a case of eZcr- ayyeXia was exempt from pe- nalty if he failed to obtain a fifth part of the votes, requires some modification. Cases oc- cur (e.g. de Cor. p. 310 § 250) in which d<xayye\la is mentioned in connexion with rb fiipos tuiv \l/T}(pu}v : and it seems probable that at least between 01. 107 and 110, 3 (b.c. 352—338) the impunity of the prosecutor was abolished. It is even doubt- ful whether it was ever revived: the speech of Hyperides in de- fence of Euxenippus im.pHes, without stating, that it did not then exist {about 330). Hager, he. p. 112. Two other kinds of Eisange- lia are noticed in the ancient authorities and in Diet. Antiq. S.v. : the elaayyeXla KaKivceus and the elaayyeXia OLairrjrojv. These, however, were of less importance and our informa- tion about them is somewhat meagre. OTToaot. . . fialv ...tj... KaTaTedCoai] On this change of construction cf. § 39 n. ToO ypafifiar^ws] The ypafi- fiareiis Kara. TrpvTaveiav was one of the three ypa/j.,uaTe2s who were real state-officers and not mere clerks. He always be- longed to a different prytany from that which was in power. Diet. Antiq. s.v. SeSox^ai] § 20 n. The words ro?s 6e(x/jt.od^TaLs (see various readings) cannot have formed part of the original laws even if they were really written by the ' law-concocter ' {Gesetzfabrik- ant). The explanation of G. H. Schaefer, followed in Kennedy's and Benseler's versions, 'the Eleven shall bring them into court before the Thesmothetae,' is neither good Greek nor con- sistent with what we know of 142 KATA TIMOKPATOT2. [§§ 63—65. rpLOLKovO*^ i^fjb€pojv d(f ri<; av TrapaXd^odaLv, idv /jltj TC hvfjboala KcoXvrj, idv Be firj, orav wpcoTOv olov r rj. KaTTjyopelv S* 'Adrjvatcov rov ffovXofievov oU e^earcv. idv 8' dXo), TCfidrco rj rfXiala irepl avrov o tl dv BoKrj d^LO<; elvat iradelv rj diroTlaaL. idv 8' dpyvpiov TifjL7]6f}, BeSicrOo) eo)?* dv i/crlay o re av avrov Kara- 72 1 yvcdaO^^ ^ ivTOi rpidKovd' Z Bekk. Bens, cujii libris. ' r^ws Z Bekk. Bens, re ?w SAkrs re ws v. the office of the hbeKa. The latter were, first and princi- pally, executive officers into whose custody those condemned before the Thesmothetae or other judges were committed for pun- ishment, usually capital. They had further, in some cases, an original jurisdiction {rjyefiovla dcKaaT7}piov), presiding as judges over a trial. But that they should have acted as promoters of suits in other courts is con- trary to all ancient testimonies, and scarcely conceivable. Taylor thought that the reading should be Toi>s deafjLodiras, a gloss upon Toi>s ^v8€Ka by some one who did not know of the judicial func- tions of the Eleven : Dindorf more simply regards the words as accidentally repeated from two lines above. His excision of ivTos^s likewise a concession to classical usage, which may or may not have been observed by the compiler (cf. rj/xepuiu rpitav Androt. § 14 lu). iciv fi-q TL d-qfioalg. kuXijt)] *if the state of public business does not prevent it ' K. rbv ^ouXofievov oTs i^earcv] ' any Athenian who pleases, not being disqualified' by atimia, nonage, <fec. Tradeiv r airoTtaat] These words are often joined to express 'fines or any other penalties,' cf. Plato, Apol, 36 b tL d^tos elfil iradetv 77 airoTla-ai, 8 tl fiadwv iv T(^ /3/^ oix ^o'l/^^av ^701' ; be- low, § 105. dpyvpiov Ti/xTjdy] Impersonal, with the dative to be supplied : as in §39 €tTLVL...TrpoarTeTLfji.7}Tac. §§ 103, 105. ^ws] The various readings here show that the copyists felt the difficulty of t^ojs standing for the proper relative form ^cos. The question as to the admissi- bility of this sense of r^ws in Attic Greek is discussed by Buttmann Ind. Mid. s.v. r^ws, where all the passages from the Orators are collected, and by Shilleto on F. L. p. 446 § 374. The latter in his second and subsequent editions follows the authority of Dindorf against the MSS., and writes ^ws: but he mentions with some approba- tion Buttmann's conjecture, that perhaps in all these cases we ought to read r^ws, ^m. It is easier to believe that this re- dundant phrase belonged to le- gal language than to the literary style of Demosth. p. 721.] KATA TIM0KPAT0T2. 143 64 ^Akov6T€j CO avBpe^ hiKaa-ral) Xiye avTol<; avTo TOVTO irakLv. NOMOS. [^Eaz/ S' dpyvpLov ti/jltjOtj, SeSecrOo) eo)? av ifCTLcrrj.^ UeTravao. eanv ovv ottco^ av evavTiwrepd ti<; Svo Oeir) Tov SeSeaOac, ew? di/ eKTiacoaL, tov<; aXovra^Sy KoX TOV KadtaTavaL toik; avrovf; tovtov<; iyyvijrdfif dWd fir) Zelv ; ravra toIvvv /carrjyopel Ttfio/cpdTrjfi Tt,/jLOKpdTOV<i, OV AtoScDpO?, OuS' aXX,09 V/JLMV oi53et.9 65 TOaOVT(DV OVTCOV TO TtXtJOo^;. KaLTOL TLVO<; dv VfjLlV d7roa')(^ea6aL Bok6L \7]fifiaTo<; rj tl Troielv dv oKvrjaai KepBov<; €V6Ka, ocrTC^; ivavTia avrof; avTw vo/juodeTelv rj^lcoaev, ovSe tol'^ dWoi^; tcov vojjlcdv icovTcov ; i/jbol fjuev ydp €V6k dvaiBela'^ 6 tolovto<; Bok€L irdv dv €TOtfJico<; epyov Trotrjaai. (oairep toLvvv, (o dvBpe<; ^A07)vaLOL, Twv irepl TaWa KaKovpy(ov tov^ ofioXo- yovvTa^ dvev Kp[(T€(o<; KoXa^eiv ol vofioi KeXevovacv, ovTO) SUacov Kal tovtov^, iireiBrj tov<; v6fiou<; KaKOVp- ydov etXTjTTTaLy /jurj B6vTa<; Xoyov /jltjS' ideX7]cravTa<; aKovaai KaTa-\jr7](f)Laao-da6' (o/j,oX6yrjK€ ydp [daTepw^] Toy Trporepft) vo/jlo) ivavTLOv TovBe TL6el<;^ dBiKelv. ^ rovTov Z Bens, cum lihris. ' ddrepov sine uncis Z Bekk. Bens. "* [t(^ ridels] Bens. ivavHov om. Z. § 64. TOV KadLo-Tdfai] The was provided for by the repeal change of subjects is note- {\{>€iv) beforehand of any laws worthy : ' that these same per- which would be at variance with sons (toi>s avTovs tovtovs = tovs new legislation. §§ 18, 32, 33. aXovras) should put in bail, and ^ve/c' dvatdeias] ' so far as im- that one should not imprison pudence goes,' Lat. quod attinet them' (instead of deSiadac, that ad, cf.Lept. p. 461 § 14 ov8^ yhp they should not be imprisoned). d irdw xPWtos eaff, o;s ifiov y' § 65. rj^iiojev] ' thought pro- '^veKa lorrw, ^eXriuu earl r^s tto^ per,' like (^ero delv Androt. § 32 Xews to rjdos : ' as I am willing n. to admit that he is,' esto, per Toh aXXois] sc. ivavTia vofio- me licet. diTHv, As we have seen, this ^aW/oy] The MSS. vary be- 144 KATA TIM0KPAT0T2. [§§ 66—68. 66 ''Otl /Jbkv Toivvv KOI irapa tovtov^ tou9 v6fiov<i koI irapa rov^ Trpoeiprj/juivov^y Koi fJULKpov Sico irapa irdv- Ta<^^ elirelv tov<; oi/ra? ev rrj TroXet, riOeiKe top vofjuov, olfiac 8t]\ov airaaiv vpXv elvat,. Oav/xd^co 8' avTov tl TTOTe KoX ToXfiTjcreL Xeyecv irepl tovtcov. ovre yap ce$9 ovK €vavTLo<; ecr9* 6 v6/jlo<; T0fc9 aXXoc^i Seofcvvetv e^ei, ov6^ a$9 3t' direiplav I^ccottjv avrov ovra tovt ekaOe 722 hvvaiT dv TrelaaL' TrdXai yap fita-Oov kol ypdcfxop koI 67 vofjiov^i 6l(T(l)6p(ov wirrac. Kal [irjv ouS' ifcetvo y eve- artv avrS, dBlfCTj/jba fiev elvat to irpdyfia o/JLoXoyrjaai,, (Tvyyvw/JbT]^ Be TV')(^elv d^tovV ov yap d/ccov ouS' VTrep VTVxVf^oTCov ovS* VTrep avyyevoov kol dvay/caLcov av- ° Trap' airavTas Z Bekk. Bens, cum S. tween daTipip and daTepov. Ben- seler reads darepov abiKeiv, brack- eting the intervening words: Dindorfs correction is mucli less violent and gives the best sense. Of course, if ddrepovadc- Keiv, 'to offend on one of two points,' be right, the rest must come out ; but, as it seems to me, there is no real dilemma. §§ 66, 67. The proofs (from § 39 onward) that Timocrates' law is contrary to the existing law, are summed up with two remarks. (1) He cannot 'plead inexperience, as though he were a private man: for he has long been knoion as a professional po- litician framing decrees for hire. (2) Neither can he confess and plead extenuating circumstances: his illegalities were committed for the benefit of most undeserv- ing persons, who had no claim on his compassion. § 66. dav/xd^o} 5' airou t/] A construction more common in Plato than in the Orators : see a note on Protag. 329 c. 8€iKv{i€Lv] Androt. § 34 tz. Above, § 35. It may be ob- served, as against Cobet's Pro- crustean rule, that here and in § 68 deiKvwaL would leave a hi- atus. wTTTot] The old Attic form of the perf. pass, ufi/xai is found in Aesch. Prom. 998: (5^at in one place of Demosthenes (de Cor. p. 314 § 263). The later Attic ewpafiai is more frequent : i. Steph. p. 1121 § 66, c. Conon. p. 1262 § 16, cf. irpoeiLparaL ib. §19. § 67. cvyyevijjv kuI duayKalupl The same phrase occurs de Fa]s. Leg. p. 434 § 290 = 332: and dvayKoioL is perhaps = <pi\oi, and to be distinguished from o-u77e- v€?s, ' verwandter oder irgend befreundeter Leute,' Benseler: but there can be no objection to K.'s rendering, 'relations and connexions.' For elsewhere we have such expressions as rd rijs cvyy (veias dvayKola, ' the strong ties of kindred,' i. Steph. p. 1118 § 54: and Leochar. p. 1088 § 26 p. 722] KATA TIMOKPATOTS. 145 T<p T66eLKoo<; (palverao top vo/jLov, aXV eKcov virep /jueydXa t^Bi/ctj/cotcov v/judf;, ovBev TrpocrrjKovrcov avrS, TrXrjv el (rvyy6V6i<; viroXafju^dvecv ^rjal tov<; fiio-Oovfii- vov<; avTov. 68 129 Tolvvv ouS' e7rcT7]BeLov vofiov vfuv odBe (tv/jl- (^epovT elcrevTjvo'^e, tovt rjBrj Trecpdo-ofjuac vvvl BetKVV- €LV, oTfiaL airavTa^^ dv^ vjxdf; OfioXoyrjo-at Belv tov ° otofiaL diravras Z Bekk. oiofiai d-q iravras Bens. P av om. Z cum 2. T^v dvayKaiordTrjv avyyivecav et- XOfJ-ev, 6vT€s dpexpiadoL eKcivq). This last passage is a good illus- tration of the clannishness of ancient life : ' second cousins ' are spoken of as ' very near re- lations.' aur 4>. . . auT^j . . . avroul Shilleto's rule (Preface to F. L.) to write avTcp whenever the pronoun re- fers either to the primary or secondary subject, would require the reflexive form throughout this passage. Benseler some- what inconsistently writes dvay- Kalwv avTip but TrpoariKovTWv av- ri^ and roijs fnadovfi^vovs avrov : there can be no possible dis- tinction here, and the reflexive would be best in all three cases. §§ 68—107. Proof that the law of Timocrates is bad in itself — improper and inexpedi- ent. This argument is first stated briefly in the next four sections, then worked out in de- tail. §§ 68 — 71. The requirements of a good law are that it should (1) be drawn simply and intelli- gibly, (2) should not prescribe impossibilities, (3) should allow no indulgence to wrong-doers. If it is a feature of a popular government that the laws should be lenient, that can only mean that they should be lenient to W. D. those about to be tried, not to those who have been convicted. Judged by this test, T.'s law offends on every point, and is bad from beginning to end. § 68. deLKv6€Lv] § 66 n. It would take a good deal to per- suade one that Demosth. could have written NTNI 5et/cNTNAI. oTfiac diravras av vfxds] See the various readings ; olfiaL is again as in § 53 the tacit cor- rection of Dindorf. I own that I prefer oTfiai drj irdvras to oTfj.ai diravras : the insertion of drj has in its favour, as Benseler re- marks, the hiatus, the Scholiast, and the usage of Isocrates in similar passages, e. g. Antid. § 79 olfiai 5t] wdvras dv ofioXoyrj' <rai. The Zurich editors in striking out dv have carried de- ference to S much too far: it is clear that the transcribers of this and some other MSS. omit- ted dv as unnecessary, because they hastily concluded that ofMoXoy^aai went with deiv. Of course the real construction is 8e2v yeypd(pdai: 'I think, then (577), that you will admit that a law ought to be drawn' &c. Madvig Advers. Grit. i. 174 n. reads ofioXoyrjaeiv, accepting the omission of dv. But why not let well alone? 10 146 KATA TIM0KPAT0T2. [§§68—71. op6w<^ e'y^ovra vofjuov koX (rvvoiaeiv /juiWovra rS irXrjOeb Trpdorov fiev avrXco? koI irdcri ypcopijuLO)^ ye- ypd(j)6at, Koi jjurj tgS fxev elvai raurl irepl avrov vo/jul- ^€cv, Tft) Be ravri eireir elvat 8vvaTd<; ra? irpd^ei^;, a? Set yiyvecrQai Bid rod vo/xov el <ydp av KaXoo^; /juev e')(pL, firj Svvarov Be to (jipd^oL, 6u%^9, ov vo/iov Bca- 69 TTpdrTOLT dv epyov. tt/do? Be tovtol<; firjBevl toov dBiKovvTWV (paiveaOai firjBe/jLLav BiBopra paaTwvrjv. el yap Btj/jLOTlkov rt? V7rel\7)(j)e to irpdov<=; elvai tov^ vofiov^;, TiCTi TovTOt,^ irpo(Te^eTat,eT(o, Kavwep 6p6oo^ l3ov\r]TaL (TKOTrelv, evprjaei toI^ KpiveaOai fjueWovaiv, ov TOL<; e^eXrjXey/JievoL'i' ev fjuev yap tol<; dBr}\ov ec Ti9 eaT dBLK(o<; Bca^e^X7j/j,evo<;, T0Z9 Be ovBe X0709 70 XeiireTai to fjurj ov irovrjpol^ elvau. tovtcov tolvvv wv Bie^e'k'qXvd^ eyco vvv ovB^ otlovv ovto<^ ^X^^ ^ vo/xo'^ ^av^aeTac, TavavTia 5' ef^9 irdvTa. iroWa'^oOev fjbev ovv dv Tt9 '^X^'' '^^^'T^ BiBdaKecv, fidXio-Ta Be top 723 vo/jLOV avTOv ov TeOeuKe Boe^ccov. ecTTt, ydp ov to p.ev iraaL yvupl/xus] Editions be- rt y^uoiT\ dpa<popdv: 'tried to foreBekker read with most MSS. leave himself some way of light- irdaiv 6/j.oius yvwpl/xus. Here ening his labours and some the authority of 2 has been resource in difficulties.' rightly followed in rejecting drj/jLoriKop] §§ 34, 59. an interpolation. Cf. Androt. riat tovtols irpocre^eTa^iTU}] § 13 w. ^ _ ' let him further inquire to Kal iJ.r}T<^ ixkv dvai] *it should whom' the laws are to be leni- be impossible for one man to ent: or 'in whose case,' 'bei put this construction upon it, wem' Benseler; nVes ovtol oh and another that.' K. irpdoL elalv, G. H. Schaefer. diaTrpaTTOLT'' dv ^pryov] 'it would § 70. rdvavTia 5' e^ijs irdvTo] be trying to do the work. ' 5ia- ' the opposite in every particu- irpdTTeadai is a favourite word lar.' e|?7s, ' in order,' refers to with Demosthenes : the active the detailed proofs that not one seems unknown to Attic prose. of the qualities of a good law § 69. pg.txTuvrjv'] 'indulgence, will be found in it. alleviation.' So de Cor. p. 301 'iroX\ax6d€v] = TroX\axv, from § 219 of the shifty tactics of the many points of view, and so in orators inriXeLire ydp avrdov ^ku- many ways, ' auf vielfacher ffTos dfia ixkv fx^aTUPTjVf d/xa 8\ et Art.* p. 723.] KATA TIMOKPATOTS. 147 avTov KoXoct^i Keifievov, to 8e r]fiapT7]^evov, dX>C 0X09 ef dp'^rjf;, dirb rrj^i 7rpa)T7]<; avWajSrjii //-e^pt T7]<; reXev- 71 raia^;, i(f> v/jllv Kelrac. Xa/3e 3' avrol^ rrjv r^pa<^rjv avTTjv, fcal P'ixP'' '^^^ irpcorov fxepov^ dvdyvcodt tov vofjLoV paara yap ovtco^ eyco re BcBd^co koI i}^iel<^ /jbaOTjcreaO^ d Xeyco. NOMOS. ['EttI t^9 IIapBiovLBo<; Trpcorr)^ irpvTavela^ Bco- BeKarrj'^, roov irpoehpcov 6ire'^r)(f)L(Tev ^AptcrTOKXrj<; M.vppivovaLO^, TifjLOfcpaTTjf; elire, teal el tlvl twv 6(f>eL- 1 SajSe/cctTT? om. Bens. i<p' vfuu KeiTai] ' it is directed against you, to your disadvan- tage;' as in Aristocr. p. 665 § 137: a rather rare usage. Joined to a dative of the per- son eirl means mostly * in the power of,' as ecp' vfuv § 25, some- times ' applying to,' as eTrt irdaL Tbv avTov § 18 ; otherwise ' with a view to,' as eVt KaK(^, or ' on condition of anything, as eirl To&r(j3, €<f) c5. Cf. Jelf, Synt. §634. § 71. XajS^ 5' avTots rrju ypa- ^■^v] For aiiToTs see § 27 n. ttjv ypa<pr]v is simply 'the docu- ment' (handing it) = T6»' vbixov. not as K. ' the indictment.' irp(X)T7}s irpvTaveias SwSeKctT?;] In §§ 27, 39 irpuxrrjs, efdeKarrj {dcodeKdrrj) TTJs TrpvTavetas: where see the notes, Tu>}/ irpoedpcov ...MvppLvovaios} This clause is added here : the rest of the ' law ' is copied ex- actly from § 39. As the deme MvppLvovs was of the presiding tribe Pandionis, and the proedri belonged to the nine non-pre- siding tribes (§ 21 n.), Meier in- geniously conjectured that we ought to read e/c MvppivovTTrjs, MvppivouTTa being a deme of the tribe Aegeis. (It is worth no- ticing that MvppcvovTTa, equally with MvppLvovs, would naturally form 'M.vppLuoija-tos as its demotic name: hence for the sake of distinction iK MvppLvovTrrjs was used, as e'/c Kepa/xecjv, of Kepa- yueis or Kepa/uLeiKos, to prevent confusion with Kcpafxevs a pot- ter.) Dindorf approves Meier's conjecture ; but it will not save the credit of the document : the mention either of Prytanes or Proedri in a court of Nomothe- tae is fatal to its genuineness, as has been seen on §§ 27, 33. Supposing, however, that he was right in giving the form of a Psephisma in the Ecclesia, the law-compiler has at least hit upon the correct form for the date of this speech. Examples both of the earlier and later model are given by Schoemann, Antiq. p. 386 : and the earliest inscription in Boeckh, in which the latter is followed, is of B.C. 355. 10—2 148 KATA TIMOKPATOTS. [§§71—73. XovTcov TO) Brj/jLocrla) Trpoarerifji'rjTac Kara vo/jlou rj Kara y]nj(f)C(TfjLa Beo-fiov rj to Xolttov irpoaTifirjOfj, elvat avrS rj aXXw virep eKeivov ejyv7)Td<; /caraaTTJo-ai.] 72 'E7rto";)^e9' avruKa yap KaO^ eKaarov dvayvwaeL^. TOvrX irdvTcov, c5 dvSp6<; BcKao-ral, rcov fyeypa/jUfjuevcov ev rw v6fi(p (T')(eh6v ian heivorarov. ol/jLat, yap ovhe eva^ dvdpwirov^ dXkov ToXjjurjaat, vo/jlov elacpipovTa iirl ' oj^ayvcoffri Z cum libris praeter 0, dvayvojcrdrj Bens. * ovdha Z, ov8^ ev Bens. * avdpuiirojv Bekk. §§ 72 — 76. Mischievous ef- fects of a law which reopens cases already decided, and so introduces uncertainty into the working of the judicial system. What sJiould we think of a man who, after suffering the defend- ant's law to be confirmed, should propose a decree, not only that no one should be bailed out in future, but that those who had put in bail according to that law should be deprived of the benefit of their bail? Now in reality retrospective remission of punish- ment is just as bad as retrospect- ive penal legislation (72 — 74). What is the distinctive princi- ple that makes constitutional government differ from oli- garchy ? The supremacy of law, not of individual wills. But the defendant, legislating while our state is still democratic, gives his own will a force above the verdicts of juries (75, 76). § 72. dvayvcoaeL] We should rather expect av ay pwaeraL: the speaker as a rule addresses the clerk only with the formal order to ' read ' or ' stop reading, ' and any explanatory remarks are usually made to the court. As a matter of fact this law is read no further by the clerk, but is quoted clause by clause and analysed by the orator himself. Schaefer's explanation, that the orator carried away by the cur- rent of his ideas [fervore dicendi abreptus) forgets himself, is ge- nerally accepted. It does not satisfy Benseler,who writes from his own conjecture ara7J'a;o-^77: a use of the subjunctive which I confess myself unable to explain. olimat yd.p ov8^ eva dvdpojirov dWov] There is considerable variety of reading here. Din- dorf alone writes on principle oTfiaL for oLo/maL (§§ 53, 68) : Bek- ker's dvdpbjirwv rests on a single MS. 'correctus F.' For ov- Upa of the best MSS. most recent editors introduce the more emphatic form : but Ben- seler as the author of a treatise on hiatus writes oi)5' eV dvOpw- TTov. Once for all, it may be as well to state that Demosth. does not avoid hiatus with the pe- dantic care of an Isocrates : as Prof. Jebb puts it, ' he knew how to hit the mean' [Alt. Or. II. 67). The very rare excep- tions in Isocrates are enume- rated in Sandys' note on Paneg. §143. I notice that five MSS. (not S) read pi-qMva, in order to re- mark that after verbs of think- ing the negative is almost inva- OF THE P. 724.] KATA TIMOKPATOTS) UNIVERSr Tio ')(prja-6aL Tov^; iroXira^ avrw, ra? KaTci Tov?^irp9 Te^ ^^^"^ pov Kvpiov^ voiJLOv^ Kplaei^ <yey6vr)/jL6va<; iTnx^cprja-ac Xveiv. TOVTO Toivvv ovTocrl Tcfio/cpdrrjf; dvaiSo)'^ kol ovK diroKpvy^diJbevo^ TreTTOirjKe, ypd'\jra<i ScappijSrjv ^' Kal et TLVL Tcov 6^6l\6vtcdv Tft) Brj/jLoa-lq) irpoarTeTL- fjLijrac Kara vofiov rj Kara '\jri](f)LafJLa Seo-fiov rj to \ol- 73 irov Trpoo-TifjLTjOfj." irepl fiev 8rj rwv fieWovrcov et tl Slkuiov eireiaev vfid<;, ov/c dp ySiKeC irepl S' ^v BiKa- (TTrjpLov eyvcoKe koL riXof; ea')(7]K€, ttcS? ov Setvd irotel 724 riably oif. This point is touched upon in my note on Plat. Pro- tag. 317 A, where however, as in most grammars, it is not put strongly enough (Madvig, Synt. § 205, Jelf, Synt. § 745). ToA/x^o-at] ' ever dared,' rather than as K. ' would dare,' which would require du. 0^5' diroKpyxj/difxepos^ * not even disguising it : without so much as an attempt at concealment.' airoKpiTTTeadaL is far more com- mon than the active forms : in II. Aphob. p. 836 § 3 we find ovK dTTOK^KpvTTT at lu the transi- tive sense. § 73. ^ir€L(T€v...r]5iK€L\ In these conditional sentences, the aor. ind. refers to past time, the imperf. to present: 'if he had persuaded you to a just course with respect to future cases, he would not (now) be in the wrong.' Kal T^Xos ^crx^Ke] The full construction here would be -jrepl To^iTUv a (ace.) BLKaaT-qpiov 'iyvw- K€ Kal a (nom.) WXos ^axv^^- This is not, therefore, simply an instance of the rather rare attraction of the nominative: but after the usual attraction of the ace. another relative has to be supplied in the nom. case. Examples of the attracted no- minative are discussed in Jelf, Synt. § 822, obs. 4, and in Cope on Arist. Ehet, i. 5 § 11 5ti t6 /xrjdh ^x^Lv Civ rb y^pas Xw- jSarai. Thus Herod, i. 78 ov5iv K(x) elddres twv tju irepl "Zapbis re Kal avTov Kpoia-ov. Instances of attraction, if at all exceptional, require careful discrimination in order to classify them aright. Each of the above-quoted au- thorities gives corrected ex- planations of doubtful or mis- understood passages : neither has entirely escaped error him- self. Jelf cites as an attracted nominative Xen. Hell. i. 2 § 1 Tip 8' dX\(p ^T€c cp rjv 'OXuyUTrtcts: but he omits the following words, ^ Trpoaredeia-a ^vvcopls evLKa EvaySpov 'HXet'ou. It is clear that '0Xu/x.7rtas is not Olympic year or Olympiad, but Olympic games : and the mean- ing is, " the new year, in which was the 93rd Olympic contest, wherein the * additional ' or ' extra ' chariot of Evagoras was victorious:" the sense ol irpoa- reddaa here is not given by the lexicons. Cope also in- stances Plat. Protag. 334 c iv To^TOLS oh fxiWei 'ideadai as if iheadai were passive, 'things which are going to be eaten:' what is really noticeable is the 150 KATA TIMOKPATOTS. [§§73—75. vojJLOv elcrcfiepcov Sl ov ravra XydTjaerac ; wawep av et Tt9 6d(Ta<^ KVpiov tov tovtou yeveaOac vo/jlov ypd'\lr6i6V erepov roLovSe " koI el TLve<;, uKpXTjKorei; j^prjpbara fcal Beafiov TrpoG-Tert/uLTj/jLevov avroh, iyyvrj- ra? Karearijaav /card tov vo/noVy fjurj elvau rrju Bcey- yvTjcriv avToh, firjBe to Xolttov i^eyyvdv fjurj^eva." 74 dW^ 0VT6 TavTa irocriaeLev dv oJSet? vyialvcov, olfjuaL, (TV T eKelva Xvcov 7]Blk6l<;, XPV^ 7^P clvtov, el to transition from the plural to the singular, the subject of /xA- Xet being supplied from to?s aadevovaLv above. These pas- sages seem to me instructive enough to be worth putting in their true light, though at the cost of a slight digression. (b(p\r]K6T€$ ... Trpoc!TeTLixr)ixhov auroiSj ' having been adjudged debtors (Androt. § 34 n.) and had the further penalty of im- prisonment (in addition to pay- ing the debt, § 2n.) pronounced against them.' heyyvT^cTLV ... e^eyyvavl The various derivatives from eyyvrj are discussed in Meier and Schoemann, Att. Process p. 521: 5ieyyvr)(XLs, it is remarked, is much the same as i^eyyurjais (§ 77). 'E^eyyvdv is 'to bail out, release on bail : ' Karey- yvdu *to hold to bail.' For hLeyyvrjaiv several MSS. read iyyvrjaiu, which G. H. Schaefer preferred but no editor has adopted ; indeed the simple form iyyvrjais seems to occur only in the sense of 'betrothal,' for which see Schoemann, An- tiq. p. 356, Androt. § 53 7i. § 74. vyLaii^ujv] Here * sane ' opposed to fxaLvofifvos. More usually =eS <pf.ovuu, of good sense or right judgment, as in Fals. Leg. p. 434 § 289 = 331 oidk ^o^€L fie ^iXnnros, av rk Trap vfiuiv vyiaivrj. In the Speech on the Chersonese p. 98 § 36 the orator plays on the two senses of physical and mental health : v/nQv o'lkol [xevbvrwv, o'xo- \'f}v ayovToov, vycaLvovTOJu {el Si; rods TO. TOiavra iroLovuTas vyiai- veLv (p-^aaiev). Unless I am mis- taken vyialveLP is not found, like vytrjs, in a moral sense to ex- press ' honesty ' or, more often, ' dishonesty ' {ovUv, fi-qdev vyi4s). (TV... avTovl Both pronouns of course refer to Timocrates: an unusually abrupt change from the direct to the oblique. ' He ought, if he thought the step a just one, to have passed his law in reference to the future : not to have mixed up future offences with the past, certain with uncertain, and then pre- scribe the same judgment for all.' The fallacy of this argu- ment has already been pointed out on §§ 56—58. Modern legis- lation, when it has once con- cluded that a given penalty is too severe, feels the equity of mitigating sentences that are running their course : Demosth. argues, as though any such miti- gation were as bad as the rescind- ing of contracts, and created the same sense of insecurity. Above, § 44 n. p. 724.] KATA TIMOKPATOTS. 151 irpcby^ ivofjLt^e BUacov, eirl toI<; vcrrepov yevrja-ofievoi^ OelvaL Tov vofjbov, koI firj a-vveveyKOvra €t9 Tavrb rd fxeXkovra tol<; irapekrfKvOoai fcal rd /uurj 8rj\a rot'!; ^avepol<i dBiK^fiaatv elr iirl irdcn ypdyjrai, Trjv avrrjv yvcofiijv. TTcS? yap ov Beivov roov avro^v Tj^tcoKivac hiKaLoDV Tov^ 6^6\r]\6y/Jb6vov<; a^Lfcovvra^ rrjv ttoXlv TTporepov Kol tov<; fjurjh^ el Kpto-eox; d^iov ipyda-ovral TL Bij\ov<i ; 75 Kat firjv KaiceWev lSoc rt? dv oj? Eeivbv ireirol'qKe TO Oelvai irepX rcov TrapeXTjXvdoTcov tov v6/jlov, el Xo- yla-aiTO irap avrut tL wot eaTLV m v6/jbo<; oXtyap'^ia^ 8i,a<f>ep€i, Kol TL Sij TTod' 01 fiev viro vo/jlcov eOeXovTe^^ dp')(e(7dai a-(6(f)pove^ kol 'x^prjaToV vofii^ovTat, ol 8' ^ iroXtTaL add Z Bens. [voXiTai] Bekk. SiKaluv] ' rights,' rather than as K. * measure of justice.' The orator would not argue that they ought to have less than justice. But he introduces a further paralogism in order to magnify the guilt of Timocra- tes. On the one side he sets * those who have been previously convicted of crimes against the state,' on the other, ' persons of whom it is not yet known whe- ther they will ever do anything worthy of trial,' when they are, ex hypothesi, in process of being tried, though not yet convicted. Demosth. has really a good case in this speech, and he does not improve it by the unfair points he tries to make. § 75. cbs deivbv TreTrolriKel 'what a monstrous thing he has done in giving his {t6v) law a retrospective action.' vofioi dXiyapxtcLs 5ta<p4p€L'] Je- rome Wolf, followed by Taylor, wanted to read Srjfioi instead of vofios, correctly no doubt as re- gards the sense, but with a strange want of perception of Demosthenes' mode of ap- proaching a jury. In this and the next section, dXiyapxia is three times opposed to po/xos or po/xoi, once to ev drjfxoKpaTovfx^i/ri ry TToXet. The speaker is indi- rectly, but in a way likely to catch the favour of an Athenian audience, begging the question that constitutional government is not to be had outside a de- mocracy. In Livy ii. 1 the note of the republic, as distinct from the regal period, is defined as ' imperia legum potentiora quam hominum:' Demosth. further narrows the empire of law to a democratic republic. (Tcvcppoves Kal xPV<^'''ol] The two words go to make up the notion of ' law-abiding : ' com- pare a note on § 53, where xpv (TTol and duavdpoL were similarly opposed. Benseler's 'verstan- dige brave Leute,' though spi- rited, is not very exact. 152 KATA TIMOKPATOTS. [§§76,77. 76 VTTO Twv 6\c<yap'x^Lcov avavBpoc koX BovXol evpou yap av a><; d\7j6co<i tovto nTpo')(€ip6TaTov, on rwv jiev iv rat? oXtyap'^LaL^ eKaaro^i kol rd TrcTrpay f^eva Xvcrai, Kol irepl Toov fieWovrcov d dv avTw BoKfj irpoaTa^av Kvpio^ iarcv, ol Se pofioL irepl rcov fMeWovrcov d '^^prj yvyvecfOai ^pd^ovcn, /juerd rod ireccrac reOevTe^ w? crvvoicrovaL TOL<i ')(^pQ}fi€V0L<;. TtfiOKpdrrj'^ tolvvv iv By/JLOKparovfJuivrj rfj TroXec vofjbodercov ttjv 6K t^? oXt- yap')(^La<; dhiKtav et? rbv avrov vopuov fjberrjveyKe, koI 725 § 76. ^Kaaros-.-KvpLOS iaTiv] • every man has the right ; ' with a tacit reference to the claims of ' might.' Kennedy's note here shows a clear perception of the speaker's drift: — ' That is, there is no law to prevent him. What the orator says is not to be un- derstood (as Schaefer thinks) of the rulers only. Every man has the right, if he can only en- force it. By putting it in this way the orator makes the con- trast between oligarchy and de- mocracy the more striking. In the former there is no law, and therefore no security either for the past or the future. ' Athens was no doubt the best governed state in Greece, and the most on its guard against oligarchical insolence: yet the examples of Alcibiades, Midias, and Conon (in Demosth. Or. 54) show the spirit of wild self- assertion which was ever ready to break out. The conduct of the French nobility, towards their inferiors and among them- selves, till quelled by the ' Grands Jours' in the early part of Louis XIV.'s reign, affords a more modern instance. The charac- ters of Eodrigo and the Innomi- nato, in Manzoni's Promessi Sposi, show that even the foreign despotism of Spain failed to check the 'prepotenza' of the Lombard nobles in the seven- teenth century. The upper classes of England in the last century were perhaps equally insensible to any public opinion but that of their own order (Trevelyan's 'EarlyLifeof Fox,' passim) : but they belonged to a more law-abiding race. ixera rov ire'iaat] ' being enact- ed on condition of persuading the people that they will benefit those who live under them.' It is easy to supply the object of iretaai from roh X/ow/^i^j'ots : in a free country the legislators are identical with ol xp^^^foi, and no law can be carried with- out persuading them: hence ixerct,, 'with,' expresses the in- separable condition of all legis- lation. Kennedy's ' under the persuasion ' is rather misleading. iv d7)ixoKpaTovixivri rrj 7r6Xei] Not 'in a democratical state,' but ''while the state is consti- tutionally governed,' § 56 n. Tr]u €K TT]S oXcyapxl-as ddiKlavl As the opposite of iv drj/xoKp. ry TrdXeL this may mean (1) defi- nitely, 'the injustice inherited from oligarchic times,' or (2) generalising the article, ' the ini- quity naturally resulting from p. 725.] RATA TIMOKPATOT2. 153 Trepl Tcov irapeXrfKvOoToyv avrov fcvpLcorepov twv fcarayvovTcov Bc/cacrTojv Tj^Lcoae Trotrjo-ac. 77 Kat ov TOVTO fjuovov ireiroLrjKev v/SpicrTLKdv, dWd Kol ryeypaiTTai, rj to Xolttov idv tlvl Trpoo-TC/Jbrjdrj Seor/Jbov, elvai KaTaarria-avTL tov^ iyyvrjrd^;, y fjbrjv i/cTiaetv, dcpetcrdat. KalroL XPV^ avrov, el to Be- heorOai Beivbv ^yecro, jjbrjhevl irpoanpLdv 09 dv vyJlv lyy vryvd^ KadccrTfj Beafjuov vo/jbodeTrjaat, purj irpoXa- ^ovra KaTeyvwKOTa'i v/i-a? tov Beo-fjbdv jjlt]^^ i^6pco<i oligarchies,' ' die Uebelstande aus Oligarchien ' Benseler, or (3) by a common Greek idiom be equivalent to iv ry oXiyap- Xiq. (G. H. Schaefer). The first of these seems best suited to the context. §§ 77, 78. A further element of uncertainty introduced by the defendant's law, and a further proof of his insolence. Not only will causes already decided he thrown into confusion, hut in future no one will knoio ivhe- ther the verdict of a jury may not he set aside hy the mere vote of persons not on their oath. If you, the jury, think that effect ought to he given to your ver- dicts, you must refuse your sanction to this law. § 77. 7^7/3a7rrat] This, the reading of the best MSS. , is now universally accepted. The sense is of course passive, 'a clause is inserted.' The other reading y^ypacpev is evidently a cor- rection in order to avoid the change of the subject. firfdevl ... vojxodeT^a-ai] The meaning is plain, but the order of these words more involved than is usual with Demosthe- nes: ■xj)riv...voiJ,odeT'q(TaL f.ir]84vL irpoarLixav deafxov, ' he ought to have carried a law to sentence no one to imprisonment as a further penalty,' i.e. to abolish imprisonment in the case of those who put in bail. /JLTJ irpoXa^ouTo] /jltj, according to a frequent usage of dW oy, Kai oi, dWa jxri, kuI fiij, marks the divergence of two alterna- tives, and may be translated 'instead of.' The past parti- ciple followed by an adverb (usually eXra, here TrjutKaOra) like Lat. turn demum, expresses a sharp contrast of time, ' then, and not before.' We may trans- late, then, 'instead of waiting till you had passed the sentence of imprisonment, and till the person convicted had become irritated against you, and after- wards bailing out the accused.' It is invidiously argued that Timocrates, whose real motive was simply to get his friends out of a scrape, had dehberately brought on his motion in a form calculated to annoy and humiliate the Athenian people by ostentatiously reversing their decrees, and to make as much mischief as possible by the un- gracious way in which rehef is granted. 154 KATA TIMOKPATOTS. [§§77,78. BiaTedevTa 7rpo9 u/xa? rov rjXcoKora rrjvoKavTa iroielv rrjv i^eyyv7)(TLV. vvvl h\ coairep ivheiKvv ^evo^ ore, Kav vjJLiv BoKrj SeSeaOao nva, avro^i d(j)7]a€i, tovtov 78 Tov TpoiTov Tov vofjLov elcT'^veyKev. dp* ovv tcd Bok€l avfi^epetv rfj nroXei tolovto<; vo/jlo^; 09 SiKaa-rrjplov yv(oa6co<; avro^ KvpLCorepo^ earac koX ra? viro rwv o/Jbco/jLOKOTCOV 'yv(6a€L<; rol^ dvcopbOTOtf; irpoa-rd^eL XveLV) iyco fjbkv ovfc ol/jLai. ^alverai rolvvv 6 tovtov v6fjL0<; TavT €'x^(ov dfjL^OTepa. waT elirep vfitSv eKaaTtp 7}\o}K6Ta\ The question be- tween the forms ijXwKa and edXojKa is better left to the MSS. rather than, as by Din- dorf, reduced to a uniform rule. In the present speech MSS. and editors give without variation T]\u)Ka here and §§ 84, 105, edXw/ca §§ 112, 137: Dindorf alone corrects the two latter passages. In some places the MSS. vary, or show correc- tions: e.g. Fals. Leg. p. 397 § 179 = 198. Veitch s.v. 6XL- (TKOfxai affords ample materials for judging of the general Attic usage. In Demosthenes, ac- cording to Bekker and the Zu- rich Editors, who follow the MSS., eaXwKa occurs more fre- quently in the proportion of about eighteen times to eight: in the other Orators the same form prevails exclusively. When to this is added the fact, that Thucydides and Plato write uniformly idXioKa, it is irra- tional to argue that ijXojKa 'be- longs to the stricter Atticism.' Veitch well remarks that 'we find it most frequently in those authors that are least shy of an Ionic or a common form,' instancing Herodotus and Xeno- phon. The latter uses both forms indiscriminately in the same work, the Cyropaedia, and thus contributes nothing towards the solution of the question. While on the subject of aXi- (TKOfiaL I may be allowed to ex- press my surprise that no notice has been taken of the singu- larity of the long d in Aristoph. Vesp. 355 ore Nd^os eaXw. Other examples in verse show every- where a: and rather than be- lieve, on the strength of this one passage, that the vowel is really common, I think it much more probable that Aristophanes for once allowed himself to write edXXoj, as it is now admitted he wrote KvvoK€(pdXX(^ in Eq. 416. rrjviKavTo] rjviKa, irrjvlKa', rrj- viKa are not simply 'when' and ' then ' of time in general, but strictly of the time of day only. In Plato TrjvtKaSe is 'so early,' Protag. 310 b, Crito 43 a: and TTjvLKavTa here might very well be rendered by the familiar Enghsh ' at that time of day,' preserving the figurative expres- sion. § 78. (paberai — dfxcpSTepa] ' Both these consequences, it is plain, are involved in the defendant's law.' K. rightly. Of. Androt. § 21 n. etrrep vfJLuiv iKaaTq) fxiXei rt] ' If, as I assume to be the fact. p. 725.] KATA TIMOKPATOTS. 155 fjuekei Ti T^9 TroXcrela^; koX Belv oterai, Kvpiav elvai Trjv avTOV yvco/JLTjv irepl cov av ofjucofjLo/c(o<; '\jrr)^L(Tr)Tai,, \vTeo<; Kol ovK eareo^^ 6 tolovto^ vo/jlo^; KvpLO<; vvvl fyeveadai. ' add ovTos Z Bens, cum S. each one of you has some re- gard for the constitution,' The force of etirep is well pointed out by R. W. §§ 79—101. Effects of the law of Timocrates on the fi- nances of Athens. It will allow the most absolute impunity to defaulters (§§ 79—90) : in time of war it will render prompt military action, for which ready money is the first requisite, im- possible, and so endanger both the glory and the safety of the state (§§ 91 — 95): even in time of peace it will induce national bankruptcy (§§ 96—101). These three heads are again briefly summarized in § 102, (i) rots ddiKOvaL TCL KOLva 8i8o}<TLv ddeiav, (ii) rets vvkp TTJs Tro'Xews arpa- Ttas XvfiaiveTai, (iii) ttjv SloL- KrjaLv KaraXvet. The frequent captiousness of the speaker's arguments has been already noticed (§§ 56, 74): and several passages in these sections seem, at first sight, not merely uncandid but nonsens- ical. We can scarcely imagine the lowest of Old Bailey advo- cates or the most foolish of platform orators resorting to such transparent fallacies as that of § 85, that by putting up a succession of ' men of straw ' the debtor might escape without either paying or going to prison : or that of § 88, that because the law of Timocrates has pro- vided no penalty for not offer- ing bail, therefore a man has only to omit doing so to es- cape scot-free. But Demosthenes knew his audience : and he is here approaching the Athe- nians on their weak side. He appeals not merely to their chronic hunger for fines and forfeitures, now at its height owing to the impoverished state of the exchequer (cf. Androt. § 48 n.), but to their furious jealousy of being overreached, which was by no means incom- patible with the secret resolve of each man to defraud the state if he could (Androt. § 48, last note. Below, § 193). The mental attitude of modern Ita- lians towards the tax-gatherer has been defined by a close observer among their own coun- trymen, Mr Gallenga, as ' Only fools pay.' The Athenian shared this feeling : and while he read his neighbour's heart in his own, determined that the grati- fication of it should, as far as possible, be confined to himself. (On the low standard of honesty among the Greeks, see Ma- haffy's Social Life in Greece, p. 122 ff. (ed. 3): on the un- scrupulousness of the Athenian Demos as to the ways and means of replenishing the treasury, p. 399 n., where a strong passage of Lysias, c. Nicom. § 22, is quoted). A comparison of the earlier with the later speeches will, I think, support the conclusion that Demosth. outgrew this tempta- 156 KATA TIMOKPATOTS. [§§79—82. 79 Ov TOLVVv d'TTe')(^priaev avrS ra StKaarrjpia a/cvpa iroLYjo-ai Twv TrpoaTC/JLTj/jLaTcov, «XX' ovBe a BoKaca wpl- aaro avT6<; ev to5 vofjucp /cal irpoa-era^e to2<; oo^Xt^ko- (JLV, ovBe ravra aTrXcG? ovBe aSoXw? ^avrjaerai ye- ypa(l)a}<^, aXK' co? av fjuaXiard Ti<^ vjjbd^; i^airaTrja-au Koi TrapaKpovaao-dat PovK6fJLevo<;. aKe-yjrao-Oe yap W9 yeypa^ev. TifMOKparrj^; etTre, cj^rjal, /cat €t tlvl Tcov 6(f)ei\6vT(ov TO) Br]fjLO(TLa) 7rpoaT6TL/jL7)Tai /card ^26 VQfJLOV rj Kara '\lr')](f)t(rfia Beafiov rj to Xolttov irpoarL- fjLTjOfj, elvai avTQ) rj dWw virep eKelvov iyyvTjrd^ KaraarrjcraL, 0O9 dv 6 S57//.09 x^^P^'^^^V^V> V H'W ^''^7"^'- 80 (Teiv. ivOvfjuela-G' diro rod SiKaarTTjpiov koI t^9 Kara- yvcoa-ecD'^ ol BieTr-qBrjaev. eirl rov Brifiov, eKKXeirrcov tion to practise on the gullibility of an Athenian jury and try how- much they would swallow. The most glaring examples of un- fairness occur in these two speeches belonging to an early stage of his career. At thirty he had almost fully matured the powers which had been called into such precocious exercise in his actions against his guard- ians : at a later period, together with a mellower ripeness of in- tellect, we seem to discern a higher sense of self-respect, at least as regards the utterance of transparent fallacies. In the license of invective pushed to the extreme of bad taste, his great- est speeches, the Embassy and the Crown, are unfortunately the worst offenders. That he could have been here deceived by his own arguments is not to be thought of : like his enemy Midias, though in another way, he ' indulges in youthful inso- lence' {veavLeieraL, p. 520 § 18, p. 536 § 69). §§ 79 — 81. Timocrates pro- vides that the state debtor sen- tenced to imprisonment may put in such bail as the people shall approve : thereby ruinously un- dermining the jurisdiction of the courts. And as he nowhere di- rects the debtor to be imprisoned until he has put in his bail, it is clear that his only object ivas to ensure the escape of criminals condemned in due course of law. §79. u}$ ai'...^ov\6fi€Pos] i.e. ws av ypa<pocTLS...pov\6fMeuos, 'as one would draw them who wish- ed to deceive and defraud you as much as possible. ' et... TrpocrreTifxrjTai . . . •^ . . . irpocr- TCfiv^v] §§ 39 n., 93. § 80. iKKX^TTTUJu] ' stealing away the guilty party ' — ' rescu- ing him by stealth ' — ' and pre- venting his delivery to the Ele- ven.' As E. W. remarks, it is almost impossible to express ^.KKKiiTTwv by one word as ap- plied to both its objects, ridiKt]- Kora and irapadocnv. p. 726.] KATA TIMOKPATOTS. 157 Tov TjhiicrjicoTa kol rrjv TrapdBocnv avrov rrjv toI^ evBeKa. rt? yap dp'^rj TrapaScocrei tov ocpXovra ; rt? T(Sv evSeKa TrapaXyylreraL ; K€\evovTo<; fjuev rod vofjuov^ TOVTOV iv Tft) Sr/fjbQ) Kadio-rdvac rov^; iy'yvr)Td<;, dBvvd- Tov 8' 6vT0<; avdrjfxepbv eKKX/qa-iav dfia koX BcKaart]- pLov yevecrOat, ovSa/JLOv S' eTnrdTTovTo^ ^vkdrreuv 8 1 €0)9^ dv KaTaarrjorrt tov<^ iyyvrjrd^. /calroc rl ttot rjv Bl o Trpoa-ypdyjrai aacjiQ)^ (OKvrjo-e " ttju K dp'^rjv TOV 6(j)\6vTa ^vKdrreiv €(o<; dv Karaarrjo-r) Toi)^ iyyvrjrd'; ;" irorep ov')(i BcKacov; ev olB* on irdv- Te9 dv ^^aacTe. dX)C ivavrlov rjv tovI tovto vo/jlo) ; ovfc, dWd /jbovov Kard tov<; vofjbov^. tL itot ovv r^v ; ovB^v dv dWo Tfc9 evpoL ifKrjv on ov')(^ 07rft)9 hwcrovcn Bl/CTjv MV dv vfJL6t^ /carayvMTe iaKOTreo, aW' 07rft)9 fJ^y^ 82 EZra 7rft)9 yeypairraL fierd ravra ; /cadicrrdvat y TOV vofiov om. Z Bens, cum S. == V. § 63. re ws S, re 'ius Ar s, t^cos ews k. Ita § 81. ddwdrov 5' Svtos] For the wu dv vfiets KarayviaTe] The obvious reason that every Athe- phrase bihovaL Uktjv tivos is so nian dicast must, as a fully pri- familiar that it may be as well vileged citizen, also have a vote to point out that wj/ is mascu- in the Ecclesia. line and refers to the subject of ovbajxov 5' einrdTTovTos] As Swaoi'crt: ' that those whom you if bail were a new invention at condemn should pay the pe- Athens, and had never been nalty.' heard of before the law of Ti- §§ 82, 83. Another piece of mocrates ! Such shallow so- treachery in the wording of his phistry would be almost incre- decree. By saying the money dible in a man of Demosthenes' instead of the legal penalty, and intellect and character but for which he was sentenced to pay the reasons just alleged. instead of which becomes due, ^ws] See various readings, he deprives the treasury of all and compare § 63 n. the customary forfeitures for § 81. irdvTes dv (prjcraLTe] dv overdue payments, viz. twofold is omitted in Dindorf's text, ap- for civil purposes and tenfold for parently by a printer's error. religious. It is of course absolutely re- § 82. yiypaTTTai] § 17 n. quired by grammar. Here of course passive : ' how is fiovov Kara roi/s v6/xovi\ ' The it worded?' or as K. ' how does only legal clause ' in Timocrates' it go on after that?' biU. 158 KATA TIMOKPATOTS. [§§82^85. TOVf; iyyv7]Ta<i 17 /jurjv i/CTLcrecv to dpyvpLOv o ixx^Xev. ivravdl irakiv twv fjuev^ lepccv %p7;/x,aT&)y rrjv Bexa- TrXaalav v^yprjrai,, twv 3' oaLcov, oiroacov iv tc3^ v6fx(p BLifXaa-id^erai, to rj/jno-v. 7rc3? 8?) tovto Troiel; ypdyjra'i dvTL fiev tov TLfxrjfjLaTO^ to dpyvpiop, dvTi Se 83 TOV TO yuyvofievov, o (£)<^\ev. Bia^epet he tl ; €6 jMev eypa'yjre KaOidTdvai tov<; iyyv7)Td<; rj fjuriv eKTiaevv to Ti/jbr]fjLa TO yiyvo/xevov, 7rpoa7r€pt€tX7](j)6L rou? vo/jlov^ dv, KaO" 0U9 Ta fiev BeKairXd, ra Be koI BtTrXd yiyve- 727 Tai Twv o^Xy/JbaTcov' ooaT e'/c tovtcov ^v dvdyKrj TO69 6(f)\ovaL TO yeypajJbfJLevov t eKTiveiv koI ra? eV to^v vofjuayv irpoa-ovaa^ ^7]iJbla(; KaTafidWetv. vvv Be^ t(S ypd'y^ai " Trjv KaTdaTaaiv elvai tojv eyyvrjTwv rj firjv eicTicreLV to dpyvptov o co^Xev" ck Trj<; Xt^^co)? Kal Twv ypafJLfJbdTwv, e^' ol? eKaaTO^ elarj'^drj, iroiel ttjv eKTLcrcv, ev oh irdaiv dirXovv, o rt? wcpXev, dpyvpLov yeypaiTTai. * lihr om, Z Bens, cum 2. ^ t<^ om. Bens, cum S. "^ pZv 8' iu Z Bens, cum S. clptI fikv rod TLfi-^fiaros ... o rb yeypafifi^pov] ' the sum set w(p\ev] ' Had the orator not down in the plaint or written been led by the love of cha:'ge charge, ' e/c ttjs Xv^ecos Kal tuv of construction so sought after ypafi/mdTwv e^' oheKaaros ela-^x^V in Greek authors, he would have as it is explained below: opp. Vfritten dvrl fiev TOV ^ rb Tifj.r)fxa.' to rb yvyvbixevov, 'that which Shilleto on F. L. p. 391 § 159= accrues.' In the law as it 176. On this ' love of variety ' stands to 7€7payUjueVoj' was likely see also Androt. § 36 n. Above, enough, according to the prac- § 32 n. K. somewhat weakens tice in Athenian courts, to be the force of the passage by trans- construed as including t6 7i7j'6- lating w(f)\e throughout ' which fievov : but it suits Demosth. to he owed:' it is really 'which he make the worst of every phrase was adjudged to pay,' an 6(pXri/xa in the obnoxious document, not an dcpelXrj/Ma, § 39 n. ev oh Trdatv . . .yiypanTai,] ttS- §83. TpoairepLeiX-qipei] §§44 (tiv refers to the customary word- n., 209. ing of such plaints : ' in which Tct fi^u 5e/ca7r\a, rd d^ Kal dnrXd] the simple sum for which judg- Explained § 111, tQv ixkv balwv ment had been given is always tt)s bnrXaaias, tQu lepuv d^ ttjs inserted.' So K. nearly. BeKairXacrias. p. 727.] KATA TIM0KPAT0T2. 159 84 Mera ravra tolvvv ttjXlkovto irpcu^yia dveXcov ev rfj Twv prjfjudrcov fieradea-eL irpoaiypaylre " rov^ Be irpoeBpov; i'iTL')(eLpoTovelv eTraz/a-y/ce?, otuv tc^ fcaOc- (rrdvai ffovXTjrai,," irapd iravra^ tov vo/jlov olofiepo^ Belv (Tco^ecv tov rjBLKrjKora koI tov ev v/jllv ijXcokotu. 801)9 7^/3 '6Tav jBovXrjTai ttjv KaTacTTaaLV avTw toov iyryv7}T(ov, iiT €KeLva) 7r67roL7]K€ firjSe'TroT eKTlaau firjSe 85 Sedrjvac. rt? yap ov iropLelTai, (f>av\ov^ dvOpmirov^, 0U9 oTav v/jb6l<; d7ro')(^6LpOTOV7]ar)T6 dirdKXd^eTaL^ \ idv yap Tt9 w9 ov KadiaTavTa Tov'i eyyv7]Td<^ d^col Be- BiaOat, (j)7Jcr€L /cat KaOLcrTavat Kal KaTaaTr}aeLV, Kal ^ Trap' airavra Z Bens, cum S. ® airaWd^ovTai Z Bens, cum SFv. §§ 84, 85. Btj the clause that ^the Proedri shall be bound to put the question to the vote,' he has put it in the debtor^s power never to go to prison. He has only to set up ' men of straw,' and on their rejection by you to declare tliat he is putting in bail and means to put them in again, and so on ad infinitum. § 84. TTjXiKovTo Trpayfia due- Xwv] 'Well then, having clear- ed so much out of the way by the change in the wording, he added a clause.' By writing dvrl ixkv TOV TLjUL'^fxaTos TO dpyd- piov, &G. (§ 82) he had ' knocked off ' the twofold and tenfold pe- nalties. For the sense of dve- Xelv cf. Androt. § 20 n. e-mx^ipoToveTv aTrdvayKes} Sup- posing the law to he in other respects unobjectionable, this provision might be necessary to prevent its benevolent inten- tions from being frustrated by personal spite. But the speaker evidently wishes his hearers to confuse it with a restriction on their right to reject the bail tendered. § 85. diraWd^eTai] An easy correction of Eeiske's adopted by nearly all editors : most MSS. having diraWd^eTe, and the con- fusion of e and ai, pronounced alike in post-classical times, being perpetual. The Zurich edd. and Benseler follow S in reading diraXKd^ovraL and refer it to (f>aij\ovs dvdpuTTovi : ' no- thing happens to the rejected bail. ' Apart from the harshness of the attraction of the nomina- tive (for ot diraWd^ovTai) this sense appears much less suit- able. Cobet Nov. Lect. p. 243 restores the futurum exactum dirr]XKd^€TaL here and in Lept. p. 465 § 28. 'Non drraWd^eTat, id est direLdiv, abibit, sententia postulat, sed liberatus erit id est dTrrjWd^eTai..' This is not im- probable, and is favoured by the perfect infinitives which follow, deSiadat 'be kept in cus- tody,' dcpeiadat tov deafiov, 'be and remain released.' Comp. § 60 n. 160 KATA T1M0KPAT0T2. [§§85—88. Setfet rov tovtov vo/ulov, 09 KaOio-rdvat fxev orav jSovXrjTat KeXeveo, (^vXarreiv 8e reo)? ov Xeyei, ouS*, av diro'^ecpoTov^cnjd^ vfiels rov<; iyyvrjTaf;, TrpocrraT- Tec SeBeaOai, dW* co? dXrjdoo'^ wcnrep dX6^c<f>dpfiaK6v iaTL Tol^ dBiKelv l3ov\ofJbevoi^. 86 To) Be fcdraarrjo-avrL, (fyrjal, tov<; iyyvrjrd^, edv dTroBiBo) rfj iroXei to dpyvpLov e'^' m Karecmjae rov'; iyyvTjrdf;, d<^ela6aL rov Becr/jLov^. iroKiv ivTavB* eire- fieivev eirl rod KaKovpyijfjbaTo<i fiiKpS irporepov el- iroVy Kol ovK eireKdOeTO, ovB' eypa^lre to rlfjbrjfjba to fycyv6fjL6V0Vy dXkd to dpyvpcov o co^Xei^, idv aTroBtBo), d^elcrOai tov Bea/jbov. 728 87 'Eaz^ Be fjbrj KaTajBakr) Tdpyvptov rj avTO*; rj ol ey- yv7]Tal eirl T7J<; evdT7}<; irpvTaveia'^, tov fjuev e^eyyvrj- devTa BeBeadai, twv S' iyyvrjTcov Brj/jLocrlav elvau ttjv ovalav. ev Brj tm TeXevTaiw totjto) Traz^reXco? avTO^; avTOV KaT7]yopo^, w? dBiicel, yeyovoo<; (^avrjoreTai. ov yap o\o)<; to BeBeaOat Ttvd twv ttoXotoov ala'^pov rj ^ i^' (^—Seo-fiov om. Z Bens, cum ATOkrs et pi\ S. (pvXcLTTeiu d^ T^ojs ov X^ycLj biassed by witnesses or counsel. The absurdity of this quibble is § 86. The objection already pointed out by the old commen- urged in § 82 is repeated, tator Jerome Wolf. As a sound ry 5^ KaTaaTrjaavTi] For the English lawyer, Kennedy ob- construction of the dative, § 40 serves: 'Assuming that, accord- n. ing to the true construction of iirifieLvev iirl rod KaKovpy^/xa- the statute, bail might be offered ros] 'persisted in the artifice,' more than once ; still, after fail- as K. The mere repetition of ing to justify bail, the party the words is treated as a fresh would have to go to prison in offence. the mean time, until he found § 87. His proposed remedy, other bail. ' imprisonment after the ninth dXe^L^dpfiaKov] ' a sovereign prytany, and confiscating the remedy, antidote.' So in Plato, property of the hail, is illusory. Laws XII. 957 D, the written law and is meant to be. The bird is, in the eye of the judge, ctXeft- will have flown. (pdpfxaKOP tQv dWoiu Xbywv, pre- eudrrjs TrpvTaveias} §§ 15 n., serving his mind from being 40 n. p. 728.] KATA TIMOKPATOTX. 161 Beivov vofjblcra^ aTretTre f^rj Setv, dWa rbv Kaopov, iv w rbv rj^L/cTj/cora ivrjv Trapovra XajBelv, eiCK\e'\^a<; tov- vofia jjuev^ t^9 Tificopla^ eXtTre rol<^ dhiKov^evoL^ vyJlv, TO S' ep^ov d(j)€L\€TO. fcal Trap* d/covrcov eBcoKev acpeo-LV rot? Ta v/juirepa d^iovaiv e;)^6ty ^la, koX (jlovov ov TTpoo-iypa'^e Biktjv e^elvai Xa'^eiv avro) Kara twv ScKaaTcov rwv irpoo-rifirjaavrcov rod Becrfjuov. 88 '^O Be, ttoWmv ovtcov koI Secvcov wv iv tgJ vofio) redeLKe, fidXcaT d^cov eaT dyavaKTrjo-at, ^ovXo/juat, 7ry909 viJid<; elirelv. St' oXov yap rov vofMov too Kara- (TTr)(TavTL TOV<i iyyvrjrd'^ diravra Xeyei, T<p 3e fjbrj /caOi- (TrdvTL fJLTjre ^eXrlov^ p^rjre '^etpov;, //-^S'^ o\q)9 irpocr- exovTL rbv vovv vfilv, ovBe/jblav ovre Blktjv ovre ti/jlco- piav 7rpoayeypa(j)€v, dXX^ dBetav ireirolrjKe roaavTTjv (i(T7}v olov T€ yevecrdai 7rXei<7T7)v. koX yap rbv 'Xpo- s ijih om. Z cum pro S. ^ /x-qd^ lihri. Illud e coni. Frankii. (XTretTre /xt] Se^p] ' he forbade imprisonment.' § 57 n. TOP Kaipov €KK\i\f/as] * after robbing you, cheating you out of the (only) favourable oppor- tunity. ' Cf . eKKK^TTTWV, § 80 71. Tt/xwpks] ' redress,' as K., i.e. recouping themselves {rL/moipe^v eavTOLs) rather than punishing the offender [TLficopeiadaL rbv adtKOVvra). Trap' OLKbvTwv iduKev dcpeaiv] ' granted a discharge from you against your will': vfiQiu sup- plied from v/j.€T€pa. ixbvov oi) ■7rpoaiypa\l/e'\ * all but added a clause.' While he was about it, he might as well have done so : it would not have been much more impudent. §§ 88—90. The orator winds up his objections under this head with a climax, the most sophistical of all. He has pro- vided no penalty for not putting W. D. in hail: therefore a man has only to do nothing, and take no notice of your decrees, to escape scot-free. To sum up the objec- tions to his law, it unsettles all that has been done in the past : it gives efficacy to tJie verdicts of juries with one hand, and takes it away with the other: it re- stores the franchise to debtors who have not satisfied their ob- ligations. It places you, the Athenian people, in a ridiculous position : Critias himself could have done no icorse. § 88. oUre diKTjv oUre rifiuplap] 8lk7]v is here 'action,' 'way of bringing him to justice,' not 'penalty' as K. d8€Lap . . .TrXeicrTTjv'] 'hascreated the most complete impunity that can be ' K., who adds: 'this objection is more clearly cap- tious than the former, which fellunder Wolf 's animadversion. 11 162 KATA TIMOKPATOTS. [§§88—92. vov ov Stcopto-e, TTjv ivdT7)v irpVTaveiav, tq) KaraaTTj- 89 cravTL \eiyei tov<^ ijyvr]Ta<;. yvoLT] S' dv Ti? eKeWev' irpoo-eypa-yjre STj/jLOCTLav elvai rrjv ovalav rrjv twv iyyvTjToov, av fjurj tl<; iKriay' rod Be fi't] Karaarrjaav- T0(; ovK evi SyjTrovdev virdp')(eiv iyyvrjrd^. koI tol<; fl€V TTpOeBpOl^iy ot K€KX7}pC0/JLeV0C Ka6i^0V(7LV ef VJJLWV, eirdvayKe^i iiroLrjaev, orav KaOio-rf) tl^, Bi'X^eadaL' Tol<; S' clBlicovg-l TTjv ttoXlv ovBe/jblav Trpoaeypa^jrev dvdjKTjVy aXA,' axTTrep evepyeraof; aipeatv avTol<i eBco- 729 K6V el XPV Bovvai Blktjv rj jxr]. 90 J^aiToc TTcS? dv do-v/jL(t>opc6Tepo(; vfjblv rovrov yi- voLTO vofjuo^ rj icdKLOV e%a)z/ ; 09 Trpwrov fiev irepl roov eK Tov TrapeXrjXvdoTot; j^povov KptOevrcov evavria TOt<; ixj)' v/jLqjv iyvcoa/jbevoc^ Trpoardrrec, Bevrepov Be irepl Twv fjLeWovTCOv KpiOrjaeaOaL irpoG-TLjjbdv KeXevoav rov^ BLKacrrd^ tov<^ 6p,cofjLOK6Ta<i aKVpa rd TrpoaTtfJbrj/iJLaTa TTocety TTpbf; Be tovtol<^ eiririiJbov^ tov<; ocftelXovra^ ov rd TTpoar/KovTa eKTivovra^ KadlcrrrjaLv, oXo)? 8' eTTC- BeUvva-i fjbdr7]v Ofivvvra'^, TLfjuoovra^, BiKa^ovra^, opyi- ^ofievov^;, diravra 7roLOvvTa<i vfjLd<;. iyoo fjuev ydp, el J^pLTiaf; 6 yevo/juevo^; rwv rpidKOVT elcricfyepe top v6- fioVy OVK dv dXXov Tpoirov olfxai ypdyjravT elaeveyKeiv rj TOVTOV. For surely a man who had never to suggest that the people's offered bail would not have the rights are being invaded, benefit of the statute of Timo- § 90. iindeiKvuaL fidrr}p 6fi- crates, but would remain sub- vivras] K.'s rendering of these ject to the old law.' participles is worth the attention § 89. ot KeKXrjpojfjL^voL Kadi- of the student ; ' exhibits you ^ovffLv e^ v/xQv] ' who sit as cho- as persons whose oaths, whose sen by lot from among you'; assessments, whose verdicts, the jury (v/xeXs) are treated as a whose punisbments, all of whose fraction of the people, as in acts are ineffectual.' §§ 11, 25. On the mode of no- 6yev6fJi€PosTU}VTpi.dKovTa] The minating the proedri see § 21 n. Thirty are named in §§ 42, 56- S^xeor^ai] Artfully substituted 7, alluded to in § 76 : where see for iirix^iporoveiv (§ 84) in order notes. p. 729.] KATA TIMOKPATOTS. 163 oi "Ort TOLvvv oXrjv crL'7^6t rrjv irdXiTeiav koX Kara- Xvet iravra ra irpayixaO' 6 v6/Jio<;, koX ttoWo? (jycXoTC- fiLa<; irepiaipetraL ri)^ TroXeco^;, koX tovto paSi(o<; v/j,a<; vojuLL^co puaOrjaeaOai. Lare yap Stjttov TOvd\ on (rco^e- Tai 7roXXdKi<; rjfxwv tj iroXif; 8t,a Td<i o-rpareia^ koi Ta9 vavTLKci^ koi Td^i ire^d'^, koX ttoXXo, koX KaXd 7roXXdfCL<; rjSr} Bieirpd^aaOe Koi ac6aavri(; Tiva<; koI 92 TijJLcaprjadpbevoL /cal SiaXXd^avT6<;. ttcG? ovv ; dvdy/crj rd roiavra Stoc/celv iari Bid '\jr7j(l)L(T/jbdTa)v koX vofitov ToU fxev ela^epeiv einTdTTOvra<i, tov<; Be TpLripap')(elv KeXevovTa<^, toi)? he irXelv, Toij<i 8' eKao-ra Troceiv (dv Bel. ovKOVv ravO' otto)? yiyvqTai, BcKaa-TTjpLa irXrj- povre /cat KaraytyvcocrKeTe Beapbou tmv aKoap^ovvTcov. (TKey^aaOe Brj tov tov KaXov KayaOov tovtov vofiov, §§ 91 — 95. This law deranges our whole political system, espe- cially in time of war : and robs Athens of her most cherished distinctions. Our imperial posi- tion depends upon prompt mili- tary action, and that again upon the power of the State to enforce instant obedience to its demands, whether for personal service or war-taxes. Neither our allies, our enemies, nor the occasions of war ivill wait for such leisurely preparation as will alone be pos- sible, when no one need pay any- thing till the last month of the year. We may think ourselves luchy, if while all goes well and we are weighted by no such ab- surd enactment, we are never behindhand with our enemies. The extreme penalty of the law would not be too great for tJie author of such a decree. § 91. ^L\o~i/xias] Androt. §§ 73 n., 75. (rrparetas] Many MSS., but not the best, read cTparias as in § 93. It is a well-known rule that arpana sometimes =(7Tpa- rela, but arpareia neYeT = aTpa- Tid. In the latter passage there does not appear to be any vari- ety of reading. Kal (xuxxavres rivas] * either in rescuing people or punishing or mediating.' K. § 92. dioiKciv] 'administer, carry out,' with especial refer- ence to financial arrangements : see § 27 n., § 93. el(T<pip€Lp] In the technical sense of property tax: Androt. §61w. 8t.Ka(rTT]pia rrXrjpovrel Like irXrjpovv vavf 'to man a ship,' this means 'to impanel juries,' not to fill the courts with de- fendants. dKoa-/j.o^pru)v] 'refractory.' "' Widerhaarigen,' Benseler. KaXov Kayadov] Androt. § 32 n., § 47 n.—Xv/JLalverai, §§ 95, 102. 11—2 164 KATA TIMOKPATOTS. [§§93—96. 93 ft)9 Xv/Jbaiverao ravra kol BLacftOelpeL. yeypairraL yap hrjiTov iv rS vo/jlo) avrov, koI el tlvi toov 6<f>6L- y^O XovTcov irpoareTLiJL'qTai Beafjuov rj koI to Xocttov irpoa- TL/Jbr)6y, elvaL tcaraaTrjO-avTi ey<yvr}Ta<;, ^ firjv iirl Trjf; ivaTT]^ irpVTavela^ eKTiaeLV to dpyvpcov, d(j>eladai> Tov Beo-fiov. tI<; ovv iropo^ ecrrai ; rlv diroaToXr]- aerai rpoirov rj o-rparLa; ttco? ra ^/)?7yu-aTa elairpd^o- fiev^, idv €KaaTO<; 6(f)\i(TKdvcov iyryvrjrd^; KaOiarfj Kara tov tovtov vofMOv, dWd jjurj to irpoarJKov iroifj ; 94 epovfjuev vrj Ala rot? '^l^Wrjat " TifjUo/cpaTov^ vo/jlo^; " iarl Trap* rjiuv' dvafielvaT ovv tyjv ivaTrjv irpvTa- " velav' euTa tot^ e^ifjuev" tovto yap Xolttov. dv B* VTrep vfiajv^ avTwv dfivveaOai Bey, dpd y oleaOe T0v<i e')(6pov^ Ta^ TcSv Trap' rjjuv irovqpwv BiaSvaecf; /cat KaKovpyia^ dvafieveiv ; ^ ttjv iroktv, avTrjv ifiTroBl^ov- Ta<; vofjLov^i el OrjcreTai /cat TavavTia rwv avficpepov- T(ov XeyovTa<;, BwrjaeaOal tl Troirjaai twv Beovrcov ; 95 dXX' dyairrjTov, w dvBpe<i ^AdrjvaloL, el irdvTwv KaXcoq i^ovTcov T^fjblv, Kal fJbr)Bev6<; 6vto<; tolovtov vo/jlov, KpaTol/Mev TQ)v e'x/dpwv Kal Tal<; o^vTrjat Bwalfieda * elairpd^wfiep Bens, cum S. ^ eTrct iror Z Bens, cum S. ^ -nficop Z Bekk. Bens, cum SFTii v. § 93. €l...TrpoaT€Tlfir}TaL...'q... quired, and is adopted by all Trpoa-TLfirjOy] §§ 39 n., 79. modern Edd. Bekker says 'Li- ra XPVP''C'-T<^ elcrirpd^o/jLev'] An- bri dvafiiveiv ' : but Benseler drot. § 60. and the Zurich editors cite the dXKa ixif]TbTrpo(TriKoviroL^'\ 'in- true reading as in 'S corr': as stead of doing his duty.' § 77 n. does Dindorf, Praef, p. xhii. § 94. dra tot' '^^ip.ev'] The § 95. tois o^i^rTjo-i] Like Kai- reconditior lectio of S, the Zu- pois, this is evidently to be taken rich editors and Benseler, elTd with dKoXovdetp : ' keep pace with ttot' ^^ifieu, is not improbably sudden emergencies,' as K. He right, though against aU the notices, however,that the French other MSS. translator Auger took it as an vfji(2v] The evidence clearly instrumental dative: 'par la preponderates in favour of ij- promptitude de nos prepara- fxCov. tifs. ' dfafieveiv] The future is re- p. 730.] KATA TIMOKPATOT^. 165 KoX Toh TOV IToXefJbOV KaipOL^ CLKoXovOelv KOi /Jb7)^€v6<; vcTTepi^eiv. dXka firjv el ^aivei tolovtov re^et/co)? vojJLOv, 09 TO, TOiavra XvfjLalverat St (ov r) TroXt? Kal <T€fiV7] fcai Xa/jiirpa irapa Trdcn KadearyKe, ttcG? ov^l BiKaiQ)<; OTiovv av iradoi^ ; 96 ''Eri roLvvVy w avBpe^i ^ Kdrjvalou, rrjv StoLKrjacv dvatpel, rr]v 6' lepav /cat rrjv oaiav. qj? he, iyco ^pdcTco. earcv v/jlIv KVpLo^ vofio^;, /caXoS? elirep tl<; Kal dX\o<; K€L/jLevo<;, tov<; €')(pvTa^ rd re lepd Kal rd o(Tia ^(^pr^fxaTa Kara^dWetv eh to ^ovKevTrjpioVy el (f>aiveL . . . Te^eiKtbs] * you are seen to have passed,' not 'you appear. ' So Benseler, rightly. Cf. Androt. § 21 n. <r€fjiVT] Kal XafMirpa. . .KaO^ffTTjKel ' has become respected and ho- noured:' 'geachtetundberiihmt,' Benseler. §§ 96—101. Once more, the law of Timocrates ruins {not merely our imperial policy, but) our whole finances, both sacred and civil. The ordinary reve- nues derived from taxes do not suffice : we must look sharply to the so-called 'extra payments.' These are now enforced by the summary process applied to the farmers of the revenue, i.e. by imprisonment : if this ivholesome pressure be removed, as it is by your law, accumulated deficits, bankruptcy, and dissolution stare us in the face. I suppose you think THE PEOPLE, the senate and the courts can go unpaid; but you took pay yourself for proposing this laio. You did not venture to disturb the existing enactments as regards farmers of taxes : you ought at least to have added a clause providing that debts from other defaulters, now recovered under those laws, should continue to be so recover- ed. But this is precisely what, to serve your friends, you did not do : and the consequences are &c. &c. [The repetition here becomes somewhat wearisome.] §96. ^(TTIV Vfxiv KVptOS...K€i- fievos] ' You have a law in force, and a good one too, if ever there was one such': 'there is no better existing' is K.'s less lite- ral rendering. Comp. above, § 4, etirep tivI tovto Kal aX\y Trpo<n)K6vT(i3s etprjrai, vo/xL^o} Ka/jLol vvv apfj.6TTeiv eiirelv. Jelf, § 895. 2. Tous ^xoiras rd re lepa Kal to. 8<na] The class of public debt- ors, to which Androtion and his associates belonged, is here distinguished from two other classes. A man could not be imprisoned merely for being in arrear (vireprj/xepos) with taxes, even with the elacpopa or extra- ordinary contribution (Boeckh, P. ^. p. 386). Here the princi- ple was laid down, that his pro- perty and not his person was responsible: though, as the notes to the next section will show, the practice in bad times was not quite on a level with the theory. The legal reme- 166 KATA TIMOKPATOTS. [§§96—99 Se jJLrjy rrjv fiovX-qv avTOv<; elairparretv '^poyfievrjv tol<; 97 vofiofs Tot^ reXcovLKOLf;. Bta roivvv rov vofiov rovrou StotK€LTai Tci KOtvd' TO, yap eh ra? i/cfcXrjo-ta^ teal 73 1 Ta9 Ov(7ia(; koI rrjv ^ovXrjv kol tov<; lirirea^ koI raXXa ')(prjfxaT dvaXiaKOfieva, ovro^ icrO' 6 v6jjlo<^ 6 TTOLwv TTpoa-evTropelcrOaL ov yap ovtcov iKavwv twv dies were rh tcl xw/ji'a dyj/xeijeiv Kal Tcts olKias Kal ravr^ airoypd- (peip (Androt. §§ 54—5) : and it was made a charge against An- drotion on the former occasion that, having undertaken the collection of arrears for the state, he dragged men off to prison, which was illegal even in the case of resident aliens (^5eis Kal v^pc^es TroXiras dvOpia- irous Kal Tovs raXanrcopovs fieroi- Kovs, ibid.): apart from the fact that in many instances nothing was really due, and his conduct was wantonly oppressive and extortionate (ib. §§ 56 — 58). Another and much more strin- gent rule was applied to all who were directly concerned in the collection of taxes, the classes enumerated in §§ 40, 144 of the present speech: these, as the senate-house was the place where their payments were made, the moment they fell into arrear might be imprisoned at the discretion of the senate (Boeckh, P. E. pp. 338, 340). Androtion and his colleagues in the embassy were not reXQuai, but they held in their hands pubhc balances for which they had not accounted, viz. the prize-money from the sale of the condemned ship : as such they came under the uonot reXw- piKol, and were liable to impri- sonment until Timocrates pass- ed his privilegium in their favour. rots pSfxois rois TeXojviKOLS^ Loosely rendered in Boeckh {I. c. p. 337) ' laws of the custom du- ties,' and in L. and S. * the ex- cise and custom laws ' : much more accurately by the English and German translators, ' the statutes which relate to the far- mers of taxes,' 'den Gesetzen liber die Zollpachter. ' They were not ire pi ra t^Xt), but Trepl Toiis reXoovas: smuggling, for in- stance, though punished se- verely and capriciously, would not come under the vofMoi reXw- viKol, though connivance at smuggling on the part of a re- XdovTjs doubtless might. One of their principal provisions was that of the senator's oath in § 144 with regard to the impri- sonment of persons connected with the revenue. § 97. Tolvvv] Exactly our ' Well, then,' at the beginning of a sentence : a connecting par- ticle with the slightest possible shade of inferential meaning. irpoaevwopeLadaC] The com- mon reading -rrpoevir. rests only on inferior MSS. and is not re- quired: 'more fully provided' yields just as good a sense as 'provided beforehand.' On ev- TTopeiv and its compounds cf. Sandys on pro Phorm. p. 962 § 57. ^ oi yap 6vT(j}v t/cttJ/wj/] The ' chronic deficits ' of the period, especially during the Social War, have been already noticed p. 731] KATA TIMOKPATOTS. 167 e/c Twv reKwv ^/OTy/^arwi^ rfj hioiKriaet, ra irpoaKara- ^\7]/jbaT ovofia^o/iieva Bca rov rod vofiov tovtov 98 ^6j3ov /caTa/SaWeraL iray^; ovv oz);^ airavr dvdy/crj KaraXvdrjvai tcl rrj^ TroXeco?, orav at fiev twv reXwv Kara^oXal firj iKaval wat^ rfj Biotfcricrec, aXk' ivBirj TToWcov, Kol fjurjSe ravra dXhJ rj irepl XyyovTa rov iviavrbv fj XajSelv, rd Be TrpoaKara^Xij/jLaTa TOi)? fjurj nOevra^ fJbrj Kvpla fj^ rj ^ovXrj firjSe rd BiKaarrrjpia Brjaai, dWd KaOtarwcnv iyyvrjTd^^ ^'%P^ 99 T779 ivdrrji; irpyravela^ ; rd^i 8' o/crca tL iroirjcrofiev ; elire, TcfioKpare^;' ov (rvvLfiev koI ^ovXevaoiieOa, idv re "* [c5o-i] Bens, e coni. (Androt. § 48 w.; above, § 79 w.): and the hungriness of the ex- chequer at such times showed itself in very unscrupulous pro- ceedings. Thus, traps were laid for the resident aliens in order to bring them under the law (Boeckh, P. E. p. 394): steps were taken, through the courts, to transfer men from the more favoured to the less favoured categories — to convert an d0e^ \(j}v or VTreprjfjLepos into an ocpikwv (Androt. § 34 n. ; above, §§ 39, 50), and then to exact forfeitures, such as those described in § 82 : informations and prosecutions, which might be purely mali- cious, were encouraged (Lys. c. Nicom. § 22). This brings us to TO, TTpocrKaTa^XifjfiaT ovo/xa^S- fieva] ' the so-called extra pay- ments': doubtless a euphemism for the fines and forfeitures just noticed. It is even possible that Demosth. in his use of 6vo- fia^Qneva is indulging in a little grim humour at the expense of the 'peculiar institutions' by which the state 'conveyed' the ' ^7;5' Bens. e. coni. Voem. property of individuals into the public chest. The earlier wri- ters were perplexed by these 'rrpoaKara^X'fifj.aTa, here clearly distinguished from al rwv reXwv Kura^oXal in the next §. Even Boeckh professes himself unable to explain why they should be called ' additional ' {I. c. pp. 343 — 4). The explanation given is that of A. Schaefer (Demo- sthenes, I. 342) adopted also by Schoemann (Antiq. p. 451 n.) and by Mr Whiston in an ex- cursus on the present passage. § 98. iv54v ttoXXcDj/] 'Scil. 7] SioIk7]<tls,^ E. W. Eeally, of course, t^ bioLKrjaei, if the sub- ject of an impersonal verb needs to be expressed : ' when there is a large deficit, which cannot be made up till towards the close of the year, and the senate and courts are not authorised to imprison those who do not pay up the fines which have ac- crued '...So K. nearly. § 99. oi) (Tvviixev KOL ^ovXeu- ao/jieda] * Shall we cease to meet and deliberate in case of need ? If so, shall we still be 168 KATA TIMOKPATOTS. [§§99-102. ^e^ ; elr etc Brj/noKparrjo-ofieOa ; ov BtKacrei ra BiKa- ■~\Z!jrrr]ptcc TCL re XBia koi tol Brj/Jboaia ; Kal rl^; virdp^ei TOL<; dSiK0v/JL6V0L<i d(T(f)d\6ia ; ov/c elaeiaiv t) /SovXtj Kal BLOiKYjaeu tcl etc twv vofjuwv ; koX tI Xolttov eaO* rjiilv dX)C rj KaraXekvaOai) dXkd vrj At*, d/nKrOl ravra TroLrjaofiev ; Kal ttcw? ou Setvov, el Sod rbv vofiov, ov (TV T€d€LKa<; /JLLcrOov Xa^cov, diJLLar6o<i 6 hrjpbo^ 100 Kal 7] l3ov\.rj Kal rd BcKacTTijpca earai ; XPV^ y^P TOVTO ye aCj co Tt/xo/cpare?, Trpoaypd'ylrat tw vofiqy^ oirep eTToiei^ Kard rcov reXcovoop Kal toSv iyyvrjrcov^, " Kal el Kard tcvcov ev aXkco tlvI vopbo) rj '\jrr)(j)L(rfiaTt " Ta9 avTd<; eiprjraL irpd^ea wv 6<f)eL\ova-iv elvac, a9 " Trepl rwv reXcovcov, Kal Kard tovtcov elvao Td<; 10 1 ^^irpd^ei^ Kara tov9 v7rdp'^ovTa<; vofiov^.'' vvv he kvkXco 732 (j)evry(ov T0U9 v6p,ov<i Tot'9 Te\(ovLKOv<s, oTi TO ylrTjipLo-fia TO ^vKTTjfiovo^ eoprjKe TTpdTTeiv Toijf; w^XrjKOTa^ KaTa ** V. not. living under a free government?' sion to all debts which under the (8r}fioKpaTr)(T6/jL€da, cf. § 75 w., existing law were recovered in p6/j.os oXiyapxicis diacp^pei.) the same way. dacLaiv] Distinguished from Kara run/ reXoipQiv] * against,' in'i'i/Aej' above : the people meet- 'gegen,' Benseler: but compare ing in the Pnyx are said avv^p- § 59 n. In § 40 the law-com- Xeadai, the senate in their co- piler writes Trepl throughout, vered Bouleuterion elaepxeadai. The words rds irpd^cLs Kara roi/s dioLKTjaeL TO, ck vofiuu] ' trans- virdpxovTas vofxovs, as repeated act their constitutional busi- after iyyinjruiu, as well as at the ness,' K. Eather, I think, *ad- end of the sentence, are brack- minister the legal revenues ' : eted by G. H. Schaefer, ex- it seems better to give a con- punged by all recent editors, sistent sense to BiotKeip and § 101. /cu/cXt^ (pevyiov] ' care- 8ioiK7}ais throughout these §§. fully avoiding, ' as K. : ' going dfxiados 6 d-fj/xos] An argu- out of his way to avoid them,' ment likely to be the most tell- 'giving them a wide berth.' ing of all with the jury : cf . § 95. to \l/i](pi<Tfjt,a rb EukttJ/aoj'os] The § 100. Timocrates had known decree called by the speaker letter than to alarm the people yviapLTj btKaLOTdTT] in § 13, that by tampering with the laws re- the prize-money should be ex- lating to the farmers of taxes : acted from the trierarchs, and had he been an honest man, he that a diadcKaaia should decide would have extended this provi- the question of hability as be- OV THE P. 732.] KATA TIMOKPATOTE.U N I VlBdEl S I *] TOVTov<; rov<i v6fjLov<;, Bia ravT ov irpoae CK Be TOVTOV Tov TpOTTOv Trjv jjuev v7rdp')(^ovaa ^^ffen^ pLav Xvaa^ Kara rcov tcl t^9 iroKeax; lyovTwv, erepav 8' ov 7rpoaypd\jra<;^ irdvra rd Trpdy/iiar dvaipel, Brj- fiov, 67r7rea9, ^ovXrjv, lepdy oaia' dv6^ cov, dvirep vfiet^, S dvSpe<; ^AOrjvalot, (Tcocjypovrjre, KoXaaOeU koI Soix; d^lav SUrjv Tol<; dWoL<i Trapdheiy/JLa jevijaeTac fjLrj TiOivat rotovTOv^; v6fjbov<;. 102 Ov Tolvvv fJLOvov rd hiKacTTrjpLa aKvpa iroLeZ rwv 7rpo(TTtfjL7]fjLdT(ov, dWd Kol Tol<; dBiKOvaro rd Kovva BlBcoacv dBeiav, ra? vwep t^9 TroXect)? (rTpaT6la<; XvfjLalveraL, rrjv StOLKrjo-cv KaraXvei, roU KaKOvp>yoL<; KoX TOL<; iraTpaXoiai'; kol tol^; darparevTocfi ^orj- P ypdxpas Z Bekk. Bens, cum S. tween them and the ambassa- dors: a decree unsuccessfully impeached by the partisans of Androtion, § 14. TrpoLTTeiv Tovs ibcpXrjKOTas^ The full construction is irpaTTeiv Tt,vd Ti : the accus. rei is here omitted. — Ti/xwpiav, as in § 87, ' redress against defaulters ' ra- ther than ' punishment.' §§ 102 — 107. Besides the ruinous impunity accorded to public debtors, T.'s law abolish- es, by parity of reasoning, the punishment of imprisonment now in force against other criminals, such as those guilty of theft, ill- treatment of parents, or neglect of military service. Unlike So- lon, whose legislation improves both the living and the %inbom, you put a premium on crime: for the benefit of thieves, unna- tural children, and shirkers, you propose laws to our disadvan- tage. § 102. The sentence down to KaraXveL is a brief summary of the effects of T.'s law upon the finances (cf. argument, §§ 79 — 101). There is no doubt, there- fore, that Dobree improves the passage by transposing aXXct kuI after KaraXvei, where the orator turns to its effect upon other classes of criminals [dXXd Kal tois KaKovpyoLs k.t.X. ) : but no editor has ventured to introduce the alteration into the text. iraTpaXoiais] It is quite in Demosthenes' way to use the most offensive term, and to in- sinuate what he does not ven- ture directly to assert, that Timocrates was tampering with the laws relating to murder and parricide. But iraTpaXolas (a- Xodoj, to thresh corn) means indifferently one who ' strikes, ' or ' slays ' a parent : the German ' schlagen,' and the by-forms 'thresh, thrash,' illustrate the double meaning. Comp. Aris- toph. Kan. 149 17 ix-qT^p' rjXorjcrev, rj irarpbs yvddou \ iirdra^ev, if ^iriopKov opKov ivfiocrev, with vv. 170 KATA TIMOKPATOTS. [§§ 102—104. dovvra reOecKe rbv vojjlov. ra<; yap v7rap'^ovaa<; iic 103 Tft;!^ vvv Kvpicov vofKov TCfKoplaf; /caraXvec. XeyovTcov yap T(ov voficov oz)? ednj/ce SoXwv, ovSev ojjloio^; wv Tovrw vofjLoOeT7]<;, idv tl^ aka> K\oiTrj<; koX p,^ npLTjOfj OavcLTov, irpoaTLp^dv avrw heap^ov, /cat idv rt? d\ov<; T^9 KaKoo<r6Q)<; rwv yovecov eh ttjv dyopdv ip^dWrj, SeBeadai, kuv dcTTpareia^ rt? o(j)\r) icaL rt rwv avroov 274—276 of the same play : AI. KareTdss odv irov roi/s TrarpaXoias avrbdi I Kal tovs i-mSpKovt, ovs ^Xeyeu rj/xTu; JEJA. ad 5' oC; | AI. V7} Tov notretScJ '70)76, koL vvvi 7' 6pi2: where the last Hne is spoken at the audience, whom Aristophanes did not mean even in jest to accuse of anything worse than 'assault and bat- tery.' Hence K.'s rendering ' per- sons who strike their fathers,' is better than Benseler's ' Vater- morder.' In common sense and fairness, T.'s decree had left these and all other laws, except those relating to public debtors, just where it found them. § 103. 'Z6\o3v'\ The same com- parison occurs Androt. §§ 25, 30, below §§ 106, 113. fiT} TL/xrjdy Oavdrov] TifxrjO'^ is of course impersonal, ' if a sen- tence of death be not passed.' Cf. §§39, 63 71., 105. irpocTTLixav avri^ Sea/xbu] On § 2 I have argued against the notion that tt poar ifxav can ever be simply = Tt/xaj/ : and I see no difficulty in bringing the pre- sent passage under the rule. The imprisonment was ' in ad- dition to' the restitution, two- fold or tenfold as the case might be prescribed by the law itself in § 105. There is slight MS. authority for deafiov, which Taylor wished to introduce as more usual: G. H. Schaefer points out that both construc- tions are right, instancing dea-fibu in § 114. Trjs KaKcocreoJS rdov yov^uvl On Atimia for this offence, § 60 n. els Ti}v dyopav i/jL^dWrj] Sc. iavTov 'intrude,' the regular phrase for an Atimos presum- ing to enter the Ecclesia as a citizen. Exclusion from the Agora did not imply that he was ' boycotted' in the market : cf. Androt. § 77. Above, § 60 w. Aesch. c. Timarch. § 164, rts yap ovK ipel * 'iireiTa e/xjSdWeis els TTju dyopdv rj arecfiavdi rj irpdr- reis TL Tbju avTcov i^fuv^ ; id. de F. L. § 148, ov Kadapos wv rds XeTpas eh ttjv dyopdv e/Xj8aX\eis. Lycurg. c. Leocr. § 5 els ttjv dyopdv ifx^dWovra Kal r(2v Koiviav lepcov juieT^xoJ^T^' This intransi- tive use is not noticed inEeiske's Index. Kav daTpareias tls 6^Xri] ' If a man be fined for desertion' K. but this is hardly accurate. The ypacpTJ daTparelas, for fail- ing to join the colours on being summoned by the general, is to be distinguished from the ypa<f)ri XiTroaTpariov, XiiroTa^iov (these, and not XetTr. are the correct forms) for desertion or leaving the ranks after having joined {Diet. Antiq. s. vv.). A more correct rendering will therefore be ' convicted of fail- ing to serve.' In § 119 we have p. 733.] KATA TIMOKPATOT2. 171 T0?9 €7rtTLfjLot<i TTOcj], fcol TOVTov BeBeaOai, TifiOKpdrrjf; airaai tovtoi<^ dZeiav iroiel, rfj Karao-raaei rcSv 104 iyyvTjTcov tov heorfjiov dcjyaipwv. war e/jboiye Bok€l {koI yap el ^oprtKcorepov elvai to prjOrjo-ofJuevov B6^6l,\6^€o Kol ovK diroTpey^rofjiai) Kara tovto avro d^tov avrov elvat Oavdrcp ^r^fjuwcrai, tV eV "AiZov Tot<i daepeaL 6fj TOVTOV TOV vo/jLov, Tj fid<; he tov<; ^wvTa^ TOiaBe TOt<^ 6o-ioc<; Kal hiKaioL^ ia to Xolttov ')(prj(Tdai,. dvayvwdL 733 he Kal TovTov<; tov<; v6/jL0v<;. both expressions: rots darpa- rei'iTois, TOis \L7rovai rrjv rd^tv. The punishment for darpaTeia appears to have been drifjiia only, of a very stringent cha- racter especially as regards ex- clusion from sacred rites, but without a fine. In the passage of Andoc. de Myst. § 74, already cited § 60 n., darparela is joined with KaKcoa-is you^oju as coming under the same rule of Atimia. For the ceremonial exclusion compare the preceding note on ets TTju dyopdv eix^dWeiv, and add Aeschin. Ctes. § 176 d fikv rolvov vofj.o6iT7]S TOV dcTTpdrevTou Kal tov XnrdvTa ttjv Td(tv e^oj toov irepip- pavTT}piwv TTJs dyopds e^eipyei. The two speeches of Lysias against the younger Alcibiades are entitled XtTrora^t'ov and d- (TTpaTeias respectively : and the law of military offences is dis- cussed with reference to these by Prof. Jebb, Att. Or. i. 256 ff. Kal Tt tQv avTwv rots eiriTi/xois TToty] Cf. Aeschin. Timarch. § 164, cited in the last note but one. The Atimos, trespassing upon the preserves of the full citizens, laid himself open to ^vdet^Li (above § 50) and might even be punished capitally (An- drot § 48 71.). rrj KaTaaTdaei t<2v iyyvr)TQv'\ 'by the putting in of bail.* Hitherto we have had only the verb KaOiCFTdvai. § 104. (fwpTiKWTepov} De- mosth. might well apologise for ' vulgarity ' here, as he does de Pace p. 57 § 4 ovtcos -nyovixaL (popTiKov Kal iiraxd^i wcrre dvdy- KTjv odcrav 6pu)v ofiw^ diroKvCo. Mr Whiston in a note on the latter passage suggests that (popTLKos in this sense ' origin- ally meant and expressed the characteristics of porters and low fellows employed in carry- ing burdens.' But in that case the termination -lkos, expressive of aptitude, must have been attached to a verbal root. In reality what is coarse and vulgar is (popTiKov Kal ewaxdh, apt to be a burden and a nuisance to more refined natures. OVK aTTOTp^xl/ofiat] % In. The variant diroKpvxpoiMai. has here scarcely any support from the MSS. 172 KATA TIMOKPATOTS. [§105. NOMOI KAOnHS, KAKllSEOS rONEON, AXTPATEIA2. 105 [''O TO av TL^ airdXear), eav fiev avro Xd/Brj, rrjv BcTrXaaiav KarahiKa^eLVj eav Be firjy rrjp BeKaTrXaaiav § 105. NOMOI] The autho- rity of these ' laws ' does not as a whole stand higher than that of other similar documents already- considered : though they contain some genuine phrases not de- rived from the context. One thing is clear, that they could never have stood together as portions of a single law: such subjects as KdKCx}(XLs yovi(j)v and daTpaTeia could not have been introduced parenthetically in the midst of the v6/xoL KXowrjs. Benseler fur- ther points out that deKairXda-iov is 'unheard-of, and contra- dicted by § 114, where the two- fold restitution is alone men- tioned (see further in the note below) : it must be a mistake of the compiler, who was thinking of the tenfold penalty in cases of sacrilege (cf. § 83). Besides this, irpoaTi/jidadai rbv ^ov\6- [levou, ' any one may propose the additional penalty', is a very confused mode of expres- sion in the text of a law: and TJkoiKCos first means 'arrested' (ertappt) and then is followed by edj' 5' a\(^, ' if he be found guilty.' I do not follow Ben- seler in his objections to irpos Tois evaiTLois and 6 ^ovKSfxevos oTs ^^eaTLP : but the above are surely enough to determine the character of the document. Xd/3?7] Here equivalent to diro- Xd^y, ' recover ' : a sense of the word for which there does not seem to be any classical autho- rity. Tr]v bLirkacrlav /caraStKafetj'] sc. Tov kX^tttov, ' the court shall sentence the thief to pay the double value': but this highly condensed expression is much more like the abstract of a law thausthe law itself. On the infinitive in enacting clauses, above § 20 n. TTju deKarrXaalav] Heraldus the old commentator on Petit's Leges Atticae saw the absurdity of this, and proposed ^nrXaalav : it is only surprising that mo- dern scholars like Meier, Plat- ner, and Schoemann should have failed to see it. H. Schelling de Solonis legibus, followed by Dindorf and Whiston, gives the reasons for the change. (1) There is no due proportion be- tween the twofold restitution when the thing stolen was re- covered, and the tenfold, in addition to other punishment {irpbs rols iiraLTloLs) when it was not. (2) Aulus Gellius (ix. 18) observes : ' Solon sua lege in fures non (ut antea Dracon) mortis, sed dupli poena vindi- candum existimavit.' (3) It is implicitly contradicted by the orator himself in § 114. Mr Whiston further shows that the Eoman law was in general con- tented with a twofold penalty : and so, it may be added, was the Hebrew (Exod. xxii. 1 — 9, with some exceptions as in v. 1). The matter is simple enough when it is once admitted that we are not correcting the text p. 733.] KATA TIMOKPATOTX. 173 7rp6<i TOL(; iiraLTLOi^. BeSecrOat S' ev rfj irohoKaiCKr) TOP iroSa irivO^ y/uuepa^ koI vvKra^ taa^, eav irpoaTL- /JLtjo-y rj rjXiaia. TrpocTTLfMaaOaL Be rov /3ov\6/jb€VOVj orav^ irepl tov TC/JLtj/jiaTOf; y. eav Be tl<^ d7ra')(6y T(av ^yovecov KaKCda-eai^ yXcoKoo<i rj dcrrpareLa<;, 17^ Trpoecprj- 9 1^ om. Z cum F. yvptov aTaaijxov for money bear- of our author^ but the mistake • of a grammarian, and that the origin of his mistake is clear, viz. a confusion with the case of sacrilege in § 82. TTpbs TOLs ^TratTiOts] ra [xevroi irpoffTLix-fiixaTa 'ZoKuv eiralTia Ka- Xet Pollux VIII. 22. ^cj-rt iJih TLva ev Tois uofj-OLS (hpLO-fxivcL Kara rCjv ddiKovuTiov, wairep i) iiru}- jSeMa Trap' 'laaicp ev Tip Kara AioKXiovs' ^(TTL Sk Kal aWa a irpoa- Tl/jidTaL t6 ^LKaffTTIpLOV, ws SeiK- vvaL Ar)ix,o(Tdh-qs ev rep Kara Tt- /xoKpdrovs Harpocrat, s.v. Cf. note on tQv TrpocmfirjfiaTOJv § 2. 5e8i(rdaL S' iv rrj TroSoKaKK-g rbv 7r65a] The law-compiler is here at one with the orator (§ 114) as to the fact that the irpoaTifxtjIxa in cases of theft was limited to five days' im- prisonment, involving the shame of public exposure (Sttws bpQev awavres avrbv bede/jL^vov), while the infliction of it was left to the discretion of the court {ti- firjcrat 5' e^elvai np bLKaaTrjpicp). But instead of beafibv he has the expression in the text, which he got from a genuine law of Solon preserved by Lys. c. Theomn. § 16. In this curious passage Lysias explains: 77 5^ woboKaKKT] ravrb [surely it should be ravrbv'] eariv, c5 QeofivrjaTe, 6 vvv /caXeZrat ev T(p ^v\(p Seb^adat : and gives as further examples of archaic words in the old laws, einopKeLv in the sense of dfivvvai, bpacTKa^eiv = aTrobidpa- ffKCLV, dTrL\X€i.v = dTroK\eiei.v, ap- ing interest, 7r€<pa<T/j.^vu}s=^a- vepQ)S, Tro\el(Tdai = ^abi^eLv, oUeiis = depdiruv, iroWd be Toiavra kuI dWa iariv, he adds. The Scho- hast here discusses two etymo- logies for TToboKaKKT] : ^rot irape/j.- ^ep\r)fji.4vov TOV eT^pov k irobCov TLS KaKwaLS odcra, 7} /card. (TV/ko- ■7rT]v, a>s Aibv/xos, otov TroSoKaTdxv- The former is favoured by L. and S. : the latter is most pro- bably right. 6Tav irepl tov Tifi-^pt,aTos y] ' when the question of a penal sentence is before the court.' idv 84 Tts dTraxdy] So far as the writer understood what he was saying, he was evidently thinking of the d-rrayoryr] in its technical sense of summary arrest (Androt. § 26 Ji.). But in fact the different stages of the process are hopelessly con- fused : i^XcoKLbs ' arrested ' might perhaps be justified by Androt. § 53 TO (Tujfxa d\oi>s els to beafiw- T-fjpLov ^XKecrdai, if it were not followed by eav 5' dXcp in the more usual sense. 7] Trpoeiprj/jiivov] ' or for enter- ing where he has no business to enter after notice of exclu- sion from legal privileges,' i.e. especially from the Agora and from sacred rites, § 103 w. — twv vbpnav should of course be Toiv vop-lfMov, as Salmasius and others after him have pointed out : but it is not necessary to cor- rect this grammarian's Greek. 174 KATA TIMOKPATOTS. [§§ 105-108. fievov avTa> rwv vo/jlcov etpyeadac elcnwv oiroL jjurj %p?7, BrjaavTcov avTOv ol evheKa koX elaayoprwv ei? r^v rjXiaLav, KaTrjyopelrco Se 6 /3ovX6fji€i>o9 oh e^eanv. idv 5' aku>, TL/JLarco rj 7]\iaia o tl 'X^prj iraOelv avrbv ^ dirorlaaL. idv S' dpyvplov TipbrjO^, BeBiaOci) eo)? ap eKTLcry.j io6 ''OfjLOLOf; je, ov ydp^ ; w dvhpe^ 'AdTjvaiot, SoXcov vo/jLodiT7}<i Kot Ti/noKpdrTjs:. 6 fxev ye kcli rov^i ovra^ /SeXr/ou? TTOieZ kol roi)^ fieXkovTa^ eaea-Qai' 6 he koX TOL<i yeyevrj/xevocf; irovrjpoLfi, ottco? jJLrj Scoaova-t Blk7]v, oBov BeiKVVCTL, fcal rot? ovaiv otto)? dSeca yevr/creraL KaKovpyelv evplo-Kei, koI tol^ fieWovaiv eaeaOai, Tov<i ef aTrdvTcov rwv '^povwv irovrjpov'^, ottoj? ecrovrai am ' ov yap ; om. Z Bekk. Bens. v. not. elaaySvTuvJ § lOw. — o j8ouX6- fievos ots ^^€<TTiv] § 18 n. iradeiv rj aTroTicai] § 63 n. idv 5' dpyvpiov TifirjOrj] §§ 39, 63 n., 103. § 106. "OfioLds ye, ov yap;] See various readings. The in- sertion of ov yap rests on a marginal note in 2 (XetTrei ov yap ;) : on Aristides ix. p. 359 ed. Walz: and on a parallel passage in Androt. § 73. For the comparison with Solon, §103n. rots yeyev7]fiipoi,s...To'is odcriv... rots ixfKKovai] Past, present, and future criminals are all brought in to swell the indictment against the obnoxious law. o-a] Dindorf alone corrects thus for the crtSot of MSS. and editions ; and he is undoubtedly- right. The Attics wrote this word consistently as a mono- syllable: and though the ten- dency of copyists was, as usual, to obliterate such forms in fa- vour of the common Greek o-wos, they have occasionally survived in the best MSS. (cf. Cobet, Nov. Led. p. 418). Thus in Plat. Critias 111 c editors now read, after Bekker, <xa for aOia from one good MS. Dindorf has restored aa in de Cor. Trie- rarch. p. 1231 § 10, but has left aCba in c. Everg. et Mnesib, p. 1145 § 20: perhaps on the ground that the latter speech is not by Demosthenes. There does not appear to be another example of the nom.plur in the orators: but the ace. plur. o-ws for (Tibovs is preserved in several passages, e.g. de Pace p. 61 § 17, de Cherson. p. 93 § ] 6, de F. L. p. 364 § 75 ( = 84 Shilleto, who makes no remark. In the two former of these passages it is inadvertently described in L. and S. as nom. plur.). 'Z.Qiv as neu- ter sing. = (T030V is found in near- ly all MSS. c. Lept. p. 600 § 142, and as accus. fem. = crdjav p. 734] KATA TIMOKPATOTS. 175 107 fcal fJbrjBev ireicrovTaL, TrapaaKevd^cov. KaiTOi tLv av d^lav 80/779 Blkijv rj tl av iraOoov dv rd TrpoarjKOvr elr}^ TTeirovOco^, 09, t<z fiev dXKa ew, dXKa tov^ to5 'yrjpa ^orjdov<; Xvfiaivei, oi koX ^ct>vra<; dvayKa^ovai Tov^i 7rat8a<; tov<; yovea^i Tpe(f>6iv, kol iireiBdv diroOd- vcocTLV, 07r&)9 Toov vofxi^ofiivcov rvxcoai, irapacrKevd.^ov- aiv ; 7j 7rft}9 ov KdKL(TTO<^ diravTCDv dvOpwirwv hiKaicdf; 734 dv vofil^oio, oo'Ti9, «w KaTapare, irepl ir\etovo<^ cpalvei TOL'9 KXeirra^ kol Tot'9 KaKOvpyov^; kol tov<; darpa- T€VT0V<; rri<; 7raTpLBo<; 7rotoi;//,6z/09, Kal Scd tovtov^ Ka&* rip>^v vofjbov TiOrj^^ ', 108 'QovXojjLai Toivvv vfilVf d vire(T'^o}Ji'r)v ev dp'^ rov \6yov, aTToXoylcracTdai TreTroLTjKora efxavrov. 6<f)7]v yap avTov i^eXey^etv Kara irdvra evo'^^ov ovra rfj ypacjyfj, Trpwrov fjuev irapd tov^ vopuov^i vojuoderovvra, Bevrepov Se virevavria toI<; oven vofiou^ yeypa^ora, « TLdm Cobet N. L. p. 699. in a respectable minority c. form as the future.' Mid. p. 572 § 177. The mono- §§ 108, 109. A short reca- syllabic forms are well attested pitulation of the points already in Attic verse, where the metre proved against the law of Ti- has often preserved them from mocrates: he did not comply corruption : ercDs Soph. Oed. Col. with the rules which forbid 1210, Eur. Cycl. 294 (in the hasty legislation (§§ 24—27), latter passage feminine) : ca nor begin by repealing contra- neut. plur. id. fr. 762 Dind., dictory laws (§§ 32—38). As to a(2u Aristoph. Lysistr. 488. the bad consequences of the § 107. roi>s T^ ynpq. porjdoi/s] law, the speaker need not re- Of course vofiovs is meant, but mind his hearers of what he it is not necessary to insert the has only just done saying, word either before or after Xi»- § 108. dTroXoyio-aadai] This fiaivei, as has been proposed. reading for d-rroXoyrjaaadai rests oTTws Tvxioai] In the last § only on one corrected MS., but we had Sttws three times follow- is well supported by gramma- ed by a future : but no one pro- rians and required by the sense': poses here to read Sttojs rev- ' to recapitulate.' Anecd. Bekk. ^ovrac. The rule is, I believe, p. 430, 15. ^AiroXoyiaaadai — correctly stated on Plat. Protag. to iirc^eXOeTv ^Kaara. Zonaras 313 c, that Sttws should not be p. 266 gives the same gloss, and joined to an aorist ' of the same adds : oOVw Arj/xoadivrji. 176 KATA TIMOKPATOTS. [§§ 108-111. rpLrov he Totavra Sl mv ^airrei rrjv itoXlv. ovkqvv yKovaare rmv voficov, a KekevovaL iroielv rbv TiOevra vofJLOV Kutvov' KoX ttoXlv VfjLd<; ihiha^a on rovToyv 109 ou8* OTLOvv iiTOLT^aev ovTO^. KOI iXYjv Kaiceivcov rfKovere Tcov vofjLcov oh evavTLO<; (ov e^aiveO^ 6 tovtoV koI TovTov^ on irplv Xvaac rovBe reOeiKev iTrlaracrde. dWd fjLr)v on y ovk €7rcTr]Sei,o<;, aKTjKoare' dpn yap Xeycov eTravo-dfjbrjv. ovkovv Kara irdvT dhiKel (j^ave- po)?, Kol ovhev eaO^ o n (j)povTiaa(; ovS^ ev\a^7]d6l<i ^aiverai, dXhS e/iiotye BoKel, kcLv el 7rpo<^ tovtol^ dXXo n fjurj iroLelv eyeypaiTTO ev Tot<; oven v6/jloi(;, Kav tovto iroLTJaai. no TiavTa')(oBev /juev tolvvv Brj\6<; ia6' on ravr ejpa'yjrev iTri/SovXevaa';, Kal^ fierd rod /SovXevaaaOai, * Kai om. Bens, cum SFTO r. ToiavTo] Like virevavHa, is governed by yeypa<p6Ta. a KeKevovai] 'what they re- quire a man proposing a new law to do.' K. § 109. OVKOVV Kara iravT^^ 'In every way therefore it is plain that he has done wrong, in everything has he been reek- less and unscrupulous.' So K. : we may translate the last clause more literally, ' he has clearly shown no care or caution.' KOLv el irpos tovtois] ' Even if {Kai el) there had been a further prohibition in the existing laws against doing anything else, he would have done this also {Kai tovto TTOLTJaaL dp) ' : for the mere pleasure of breaking the law it would seem. The first ai/ serves merely to prepare the mind for the conditional character of the sentence, and like the second is referred to iroLriaaL. See Jelf, §§ 430, 432, and a note on Plat. Protag. 311 b. § 110. On the question of interpolation in this part of the Speech, see the Introduction. §§ 110—121. Timocrates, who had not hitherto, when himself a tax-gatherer, shown any com- passion for the burdens of the poor, has now suddenly come out as a humanitarian and phi- lanthropist : only he selects the least deserving as the objects of his sympathy. § 110. The law is all of a piece, and never once right by accident : everything is of malice prepense, nothing through error of judgment. em^ovXeva-as ... ^ov\evaa<rdai\ The compound expresses the sinister intent {iiri tlvl against or to the injury of some one) : the simple verb the deliberate- ness of the act, opp. to yuu)/j.rjs biap-apTLov. The repetition of eiri^ovX. and /3okX. inelegant at p. 735.] KATA TIMOKPATOT2. 177 ravT dBcKel^ Kal ov 'yvcafjuri BiafxaprooVj fidXia-ra B' ix Tov iravra tov vofiov fJiixP'' '^^^ vo-Tarrj'^ avXka- ^rj<; TOiovTOV elvat' ovhe yap ovB' a/ccou ovBev eOrjicev 6p6(jo<; ^yov, ovS* (w? vfjulv efieWe XvaLreXijcrecv. ttcS? ovv ovK elKo^i /jLLcrecv Kal TCficopela-OaL tovtov oarif; TOV fxev BijfJLOV 7]BiK7jfievov ijjjLeXrjo-eu, virep he rwv rjBcKrjKOTCov /cal varepov dSLKrjcrovTcov tol? v6fjLov<i III edrjKev ; Oavfjud^co S\ a> dvSpe^ ScKaa-Tal, r^? dvacBecaf; avTov TO, rjVLKa jiev '^px^^ avTo<i jjuer ^AvBpoTLcovo<;, TOV eXeov tovtov eTrl to5 vrXijOec toS vfieTepo) jjltj iroLrj- 735 ' dStKcii' Bens, cum SF et corr. v. best becomes absolutely insuf- ferable if the two verbs are to be put iu the same clause ; but Benseler 'auf alien Vieren' be- fore S has printed iTrt^ouXeva-as fiCTo, Tou ^ovXeuaaadai tout'' oZl- Keiv. ov8k yap—ixo^] *^or not even unwittingly (rather than unwil- lingly) did he insert any right provision ' (into this law, as the aor. ^dr]K€ shows : not of the whole course of his career as a legislator). drifMov TihiKrjfiivov] The ' wrongs of the people' probably in- clude both oppression of the poor and frauds on the public treasury. Kai varepov aSiKTja-ouTOJv'] * past and future criminals ' ' friiherer und kiinf tiger verbrecher,' Ben- seler. This is also R. W.'s ren- dering, and it is more in ac- cordance with § 106 than K.'s 'who had already done wrong and intend to do it again.' §111. Contrast of his former and present conduct. davfid^cj 8'] The common phrase dav/xd^eLv tl tlvos (Jelf Synt. § 495, Madvig, Synt. § 61 b) is here refined upon : the W. D. construction is davixd^oi r% dvai- deLas {avToO) rb ixt] Troi^aaadai {^Xeov), deivai 8e {rbv v6fxov). ' The point about his impudence that most astonishes me is this, that though when he was him- self the colleague of Androtion he'...' yet when '... ■r]vlKa fxh ^px^v avrbs] The office is that of ^/cXoyei)?, from which Androtion had ousted Euctemon and taken his place, Androt. § 48, where see the notes. TOV ^\eov TOVTOP — p.rf troirjaa- (Tdat] ' he did not feel this com- passion for the mass of you citizens.' I am not aware of another instance of ^Xeov woLeT- <rdai = iXeeTif, but the case comes under the rule broadly stated by Shilleto (on F. L. p. 370 § 103 opyfiv iroi€?adai), that ' any verb in Greek may be resolved into the cognate sub- stantive with Troi€?<r9ai.' In Mid. p. 582 § 212 irap' avrCov rds xdptras iroiQuTat is some- thing more than a mere peri- phrasis for xap^.twvTai : it means rather 'that they may make their presents at their own ex- pense, when they think proper 12 178 KATA TIMOKPATOTS. [§§111,112. aaaOai, tw direLpTjKort ra eavrov '^(^prjiiaT elacpepov- Ti, eVetS?) S' ^AvSpoTiwva eSeo a iraXai v<prjp7]To t^? TToXeo)? '^p^fjLara KaraOelvai, ra fxev lepa, tcL S' oaua, Tore delvai rov vopuov eV diroaTeprjaei roov fiev oalcov Trj<; htifkacrLa^y twv lepwv Se Tri<^ BeKa7rXa(TLa<;. kol ovTCO 7r/)09 TO 7r\rj6o<; to vpLerepov irpoa-evrjveKTai 6 avTLKa fidXa virep tov hrjjiov (p-rja-cov top vop^ov 112 TOVTov Oelvai. EiKatw^; 3' dv ifiol 8ok6l iraOelv OTLOvv, ccTTi? oXerai helv, el fiev rt? dyopavo/jiof; rj to make them.' Cf. Androt. § 45 71. on Trap eavrov. There is plausibility in Sauppe's con- jecture TovTw applying to the two men: S toijtwl, F rou- TUV. Tip aireipriKbTi — ela(f>ipovTL\ 'ex- hausted with contributing its own monies,' as E. W. The participle is rather unusual for T^J dacfiipeLv: cf. Bremi on Aeschin, Ctes. § 10. eTretSi) 5"Av5poTta?va] 'yet when A. had to pay the sums which he had long ago filched from the state... he (T.) proposed his law with the object of defraud- ing you ' &c. rCiv fiev baiwv . . .rCov lepCov bk'\ Here we have doubtless (and more clearly put than in § 83) the real provisions of the Athe- nian law of forfeitures, which we have seen confused by the law- compiler in § 105, G. H. Schae- fer calls attention to the varied order of fxev and 5e. irpoaevTJpeKTaL] The phrase irpoacpepeadaL irpos riva ' to be- have towards a person ' is com- mon enough in Attic prose (cf. Palev and Sandys on Boeot. de Dot." p. 1020 § 40): the perf. pass, in this sense is rare, and perhaps unexampled. We have, however, in i. Aphob. p. 814 § 4 fxrjripa irevT7}K0VTa fxvas ets TOV oXkov elaevrjveyfx^vTjv. avTLKa ixa\a\ avriKa 5?; /laKa Fv. cf. Androt, § 65 n. § 112. Cruel inconsistency of T.'s treatment of poor and rich defaulters. dyopavo/jios] On these ' clerks of the market ' see Diet. Antiq. s,v. Agoranomi. Caillemer in Daremberg and Saglio s. v. gives the same facts, with the ad- dition of a list of states proved by inscriptions lately discovered to have had public officers with the same name. That they were a kXtjputt] apxv rests on the present passage and is highly probable in itself: but the generally accepted state- ment that they carried whips, though with the proviso that their power of summary chas- tisement was limited to foreign- ers and slaves, seems to me im- probable, as ^^nlike what we know of Athenian police re- gulations. The Scholiast in- deed on Aristoph. Ach. 724 says TO yap irakaLbv cppayyiXais 'irv- TTTov ol XoyLaral toi)s ttjs dyopas, having previously explained dyo- pavbjxovs as ovs vvv XoyLcrras kol- Xovfiey. But he probably took his author's fun too literally; Dicaeopolis in the play says p. 735.] KATA TIMOKPATOTS. 179 d(rTVv6/JL0<; rj hiKacrTrj^ Kara 8y]/JLov<; yev6fi6VO<; fcKoirrjf; iv raU evOvvai<i r)\(OKev^, dvOpco7ro<i Trei^?;? koI tStcor?;? ^ idXioKtu omnes praeter Dindorjium. v. not. § 77. that in his model market the poor Megarians and the foreign- ers are to have free trade with him, not with Lamachus and the war-party, and three whips are to be dyopavofioi and keep off crvKO(pdvTaL and ' birds of a like feather ' {(paaiavoi). A Byzan- tine writer, who lived when degrading punishments were the rule, could not understand the sense of personal dignity of the old Athenians who, like modern Frenchmen, could tole- rate shooting a soldier but not flogging him. Plato's enact- ment of corporal punishment for cheating in the market (ttXt;- yah /xh Kai decffx.OLS hovKov Kal ^hov. Laws VI. 764 b) can hardly be accepted as genuine Attic legislation in the face of the absurdly minute provisions of VIII. 849—50, and the rule of a stripe for every drachma's worth in cases of adulteration XI. 917 D, which is simply what he would like to prescribe in order to teach his citizens honesty. Schoemann in his latest work gives full details as to the Agoranomi, but makes no mention as to the whips {Antiq. p. 416). Pollux x. 177 describes the Kixpcov as a wooden collar (^ rbv avx'^va evOhra ^dei /xaaTLyovadai top irepl ttiv dyopdv KUKovpyovvTa. It is imj)ossible to believe that this punishment was inflicted on free Athenians. We learn from Lys. Or. 22 § 16 that the dyopauofjLoi had no control over the sale of corn, for which the airocpdXaKes were appointed. daTvyo/xos] 'overseers of the streets,' charged with preserving order as well as cleanliness : Diet. Antiq. s.v. 'Astynomi'; Schoemann, Antiq. p. 416. Cail- lemer again gives a list of places where inscriptions bearing the name darwopiOL have been found (ap. Darembergand Saglio, s.v.). diKaffTTjS Kara di^pLovs] These 'district judges' are identified with the TETTapaKovTa of De- mosth. c. Pantaen. p. 976 § 33, but are scarcely mentioned un- der either name except by the grammarians. Schoemann casts a doubt on the statement of the text that they were chosen by lot, Antiq. p. 473 n. : but one of his authorities, the Lexi- con Seguerianum, contradicts itself (pp. 306. 15 and 310. 21). His giving the number as sixty is apparently a slip: the texts agree that there were originally thirty, and that they were in- creased to forty after the ar- chonship of Eucleides, b.c. 403. On the other hand Schoemann has given the right explanation of the words alda Kal to, tCov ^taiwv in Pantaen. I.e. as 'as- saults of minor importance.' (So Teuflel in Paulys. v. reo-- aapaKovra, ' nichtpeiuliche In- jurienklagen'). Kennedy cannot be right in including ' charges of rape,' App. i. p. 506. It is incredible that men whose ju- risdiction in small cases was limited to the value of ten drach- mas {Bagatetlsachen, Teuffel I.e.) should have tried an oflence, which the Athenian law, like the English, regarded as capital. Compare Diet. Antiq. s.v. Hoi Tettaraconta. 12—2 180 KATA TIMOKPATOT2. [§§112-114. Kal TToWm' tiTretpo^ koI kXtjpcottjv cLp')(r)v ap^a^^ TovT(p jjbev TTjv BeKaTrXaalav elvaiy koI vofiov ovheva Tol<; ToiovTOL^i iirLKovpovvTa TiOrjcriv' el Si TLve<; TTpeo-jSeci alpeOevre^ viro tov Btj/jlov, irXovaLoi 6vt6<;, v(j>eL\ovTO y^prifiara iroWd, ra fiev lepd, to, 8' caLa, Kal elxov xpovov ttoXvVj tovtol<; ottco^ fjLTjhev irela-ov- Tai /jLTjO (Sv ol vojxoL jJLrjB* wv TCL '^jrrjipia/jLaTa irpoa- I 1 3 TCLTTeLt fJLcOC CLKpl^W^i 6Vp6V. Ka'lTOl 7' 6 SoXoJZ/, fO dvBp6<; hiKacTTai, o5 ouS' dv avro^; TLi/jLOKpdrrjf; ^rjaav ojjLOCo^i vofj,o6iT7]<; elvai, ou^ otto)? da<i>aXw<^ KUKOvp- ry7]<70v<Ti, (paiveraL TrapacTKevd^cov tol^; tocovtol<;, dW* C7rct)9 V M ahiKrjaovaLv i) Bcoaovai hUrjv d^lav, /cat vo/JLov elaijvey/cev, el fiev rt? fieO' rjiJbepav vTrep 'Kevrt)- TT}v beKair'Kaalav] Demosth. of course takes an extreme case, as throughout the speech he strains every point against the defendant. It is not easy to see how any one of the officers just mentioned was likely to owe money to the temples. OTTws /xrjdev ireLaovTai. . . . fiaX' cLKpL^us eupev] ' took great pains to provide that they should suffer none of the penalties.' Observe the change of tense — Tidrjaiv of his pubHc life in general, evpep of this particular d6cr6G §§ 113—116. Solon's legis- lation contrasted with that of Timocrates. § 113. 6 26XH § 103 n. The form of this trite sarcasm is here varied. (pTjo-ai. ilfjLoios] We should ex- pect (f)ri<T€Lev, as in Androt. § 54, if only to avoid the hiatus : but Benseler has shown that this part of the speech from § 110 exhibits much less than Demo- Bthenes' usual care on this point. Einl. p. 81. This need not prove that the disputed por- tions are not by him, but mere- ly, as Blass holds, that they had not received his final touches and were roughly put together, when perhaps the case had ceased to interest him. ovx OTTWS — rots rotoi^Tots] The order of course is ov (paiueraL irapacTKevd^wv tols tolovtols ottws a(x<pa\us KaKOvpyqffovai, ' we do not see him (Androt. § 21 n.) providing for such persons the means of committing crime with impunity': and the idiomatic use of ovx OTTWS = non modo non, ' so far from,' is here out of place, though it has misled some editors: cf. § 153 n. el fiif Tts fJLed' -n/nipav] On the vdfioi kXotttjs cf. Androt. §§ 26, 27, above § 105, with the notes. The three passages furnish the substance of the article ' Klopes Dike ' in Diet. Antiq. As usual, the orator's text is far clearer and more self-consistent than the compiled document of § 105. p. 736.] KATA TIMOKPATOTX. 181 Kovra ^pa')(^iia<; KXiirTot, aTraycoy^v 7r/3o9 roi)? ei^BeK elvai, el Be Tt? vvKTcop otlovv Kkeirroi, tovtov e^elvai 73^ KoX airoKjelvai koI rpwaaf, hiWKovra koI airayayelv TOL<i 6pBefc\ el ^ovXoLTO. Tc5 8' d\6vTi wv al dira- ycoyal el(TLv, ovk eyyvr^rd^ Karaa-TrjaavTi eKTiaiv 114 elvcLt, Tcov KXefJUfidrcov, dWd Odvarov rrjv ^rj/jilav. Kal ec TL<; y eK AvKelov rj i^ ^ KKahr^fjueta^^ rj etc J^vvocrdp- It is a curious coincidence that the 50 drachmas which mark the limit between ordinary and aggravated cases should be al- most identical (in intrinsic value, not of course in pur- chasing power) with the 40 shillings which until recently constituted a capital felony in English law. As regards the distinction between /xed^ -fjixipav and vvKTup, the Athenians had the advantage over our (still existing) hard-and-fast rule of 9 P.M. to 6 A.M. of having no clocks, and of being always able to see the natural phenomena of sunrise and sunset. Another distinction, that be- tween fxed' rjixepau ' by day ' and Kad' Tjfi^pav ' daily,' might appear elementary: but in the scurri- lous passage of de Cor. p. 270 § 129 we have, as is well known, an instance of fiedrj/iepiyo^ *diur- nus' taking the place of Kadt}- fjiepivos 'quotidianus.' airaycfyelv tois hdcKo] A rare construction for irpos tovs evSeKa : elsewhere we have d-rr. ws tovs decr/jLod^ras c. Aristocr. p. 630 § 32, eh t6 Sea-ficarripcotf ib. p. 647 § 80 : or absolutely, Androt. § 26 aTraye § 27 riji dae^eiat dird- yeiv. The a7ra7W77j here in- tended can hardly be any other than the summary arrest at the risk of the prosecutor, the ex- istence of which has been main- tained on Androt. § 26. ei ^ovXoiTo] 'at the option of the party' K. It is amusing to see the Scholiast explaining to which of the parties this op- tion belonged. T(^ 5' dXovTi] ' any one con- victed of the crimes for which these arrests are allowed': the article marks off dirayuyal as a technical term. OVK eyyvrjrds KaTaaT-qaavTi] Of course a sneer at Androtion and the others relieved by T.'s decree, as though they were on a level with common thieves. The construction is ovk ivofio- 6iT7}(T€v or OVK eltrev (G. H. Schaefer) : the infinitive would here require fxi^. § 114. e/f AvKciov] The three great public gymnasia of Athens were all without the fortifica- tions, but immediately adjoin- ing them. The Lyceum lay due east of the city: the Aca- demy to the N.W. just beyond the outer Cerameicus ; the Cyno- sarges to the N.E. close to the foot of Mount Lycabettns, and a little to the N. of the Lyceum (see the map of Athens in Diet. Geogr. Vol. i. between pp. 272 — 3). As Benseler observes; the words €K yvfivaaiu)]/ show that the smaller or private gymnasia were protected by the same laws as the three great ones. The principle, that crime for which there are especial facilities must be repressed by severer punish- 182 KATA TIM0KPAT0T2. [§§ 114-116. 70U9 l/jbciTiov rj XtjkvOlov ^ aWo n ^avXorarov ^ TCOV^ O-K6V00V TL TCOV €K TOiV JVIJiVaalcOV V(j)6X0LT0 rj i/c Twv \i[jLev(ov, virep Se/ca Bpa'^fid'?, /cal tovtol^ Odvarov ivo/xoderrjaev elvai rrjv ^rjjxlav. el Se ri? IBlav Blktjv kXotttJ^; oXolt}, v'Trdp')(^eiv [xev avro) BiTrXd- crtov diroTla-ai to TifirjOev, irpoart/jLTJaac 8' i^elvac tm BiKacrrrjpiCi) irpb^ rS dpyvplo) Beo-fiov toS KXeTrrrj, TrevO^ rifi€pa<i kuI vvKra<i^, ottux; opwev aTravTe^i avrov BeBe/Jievov. Kal tovtcov oXlyo) irporepov T^KOucrare y ^ FK T<2v Bens, cum STfir. ^ add tVas Z Bens. ments, is not unknown to mo- dern legislation. IfiaTiov] This is t) tCov Xwtto- SvTuv dwayuyr], *tlie Apagoge (in its technical sense) or sum- mary arrest which is the well- known punishment of clothes- stealers,' of c. Conon. p. 1256 § 1, where see Sandys. ffKcvuiu] Here the ' utensils ' of the gymnasia, of which the "hTjKvdiov or oil-cruet is taken as a sample, the ' stores ' of the ports. Another familiar usage of TO. aKcvrj is for the 'proper- ties' of the theatre, including the dresses; as in v. 12 of the Frogs, and elsewhere in Aris- toph, i/wep S^Ka dpaxfJi-^s] This sum marks the inferior limit of or- dinary theft, as 50 drachmas the superior: below it are the merely trifling offences of which alone, as we have seen, the Kara S-^fxovs SiKacTTal could take cog- nisance. So English law for- merly divided robbery into petty larceny, grand larceny, and fe- lony. The best modern Edd., and K.'s translation, place a comma .at Xifi^vwu, thus con- necting the clause inr^p MKa dpaxfJ'Cts with both yvfxvaaiuv and \ifiivwv. This seems better than to punctuate at ixpeXoiro and make the smallest thefts from the gymnasia capital felo- nies. Property in exposed situ- ations might be thought suffici- ently protected, if stealing it to the amount of ' ordinary ' thefts were punished as 'aggravated' theft. Idiav dlKrjv'] The safe remedy for the poor man, who could not afford 1000 drachmas in case of failure, in Androt. § 27: BtKOL^OV kKoTTTiS TTySOS 5taiT7]Tr]V, Kal ov KLudvpevaets. VTrapx^iv /ji-^v avTif] 'he should be required ': depending, like eXpac preceding, upon ivojxodi- TTjaev. 7rpoa-Ti/j.'q(raL...Trpbs r<^ apyvpicfi] A good instance of the proper and, as has been contended, the only meaning of TrpoarL/xav, 'to impose an additional pe- nalty': cf. §§ 2, 103. The latter passage will also illustrate 5e- c/xbv, for the more usual dea-fiov. TT^ud' 7]/ji4pas Kal v^KTas] See the various readings. In § 105 the MSS. and Edd. give vmras iaas without variation. oTTws 6pcp€P...d€de/x4vov'\ = d€8^- cdai ip TTJ TTodoKaKKy top 7r65a, p. 737.] KATA TIM0KPAT0T2. 183 115 Toov vo/jLcov. <p6T0 ycLp Secv Tov ye ra ala')(^pa epya^ ipya^o/juevov /jurj a v^eiXero fiovov dirohovra airrfk- \d')(9aL [iroXkol yap dv avro) ehoicovv ovroa y ol KkiiTTai, eaeaOac, el fieXkoiev XaOovre^ fjuev e^eiv, fi^ XaOovre^ S' avTci fxovov KaraOrjaeiv d vcpelXovTO^), dWd ravra puev htirXdaLa KaraOelvai, hedevra he irpo'^ TovTcp TM Ti/jbrj/jLan ev aia'^vvr) rjSr] ^rjv top dXkov ^lov. dX\! oij TcfjbOKpdTr)<i, dXX* oTTCo^i difXci jjuev, d hel hiirXdaia, KaraOrjaovcn irapea-Kevaae, /jltjS' 116 oTLOvv 3' eTTLTifjLiov earao 7Tp6<i tovtoc<;. /cat ovk dire- ')(^p7)(7ev virep rcSv fieXXovTcov avTco ravr dBiKclv, dXXd Kol et Tt? dp" ?;Si^?y/cce;9° KeKoXao-fievo^; rjv, /cat roVTOV d<pr]Kev. Kairoi eycoy d^/jbrjv Selu rov vojJboOe- 737 Tovvra Trepl rwv fjueXXcvToyu eaeadai, ola Sel ylyve- * ^pya om. Bekk. Illud STfir. ^ a v^eLXovTo om. Z Bekk. Bens, cum STfl. " add Kal Z Bekk. Bens, cum lihris plerisque omnibus. § 105. Otherwise dedia-dai would posed case as non-existent : of. of course simply mean *to be Jelf, Synt, § 424. 1. Madvig put in prison.' Syut, § 117. §115. rd atVxpa ^/)7a] ^pya el fxeWoiev ...iKpeiXoifTo] 'if before epya^d/xevou might with they could keep their plunder equal probability be omitted, when not found out, and being if genuine, or inserted, if absent. found out had only to refund it.' In such a case the authority of So K. very nearly. S., supported by other good ^7riri>to;/] = e7ramoj' § 105, or MSS., goes a long way; and the the more usual irpoaTlinjixa. beivoTiqs of the passage, most § 116. avri^'] goes with airi- will think, is improved by the xPW^'^t TaOra with adLKeiv, 'he addition. was not contented with acting ctTTT/XXctx^at] cf. \e\6crdaL, § thus unjustly.' Of. § 79 diri- 60 n. : dwaWd^eraL (or dirrjWd- XPVC^^ aivr^. ^erat ?) § 85 n. KeKoXaaixivo^ ■^v'\ Not ' had iroXKol ol KK^irrai] 'the been punished (and was free),' thieves, he thought, would in but 'had been sentenced (and that case (oi/'tw) be numerous was now undergoing punish- enough': preserving the force of ment).' the article in translation. As i^M^^ 'I used to think,' i.e. OM is never joined to a future as K. 'I always imagined'; not infinitive, the construction is simply 'I thought' (aor.). eZoKovv dv, treating the sup- ola del] ' what men's actions 184 KATA TIMOKPATOTS. [§§ 116-119. (rOav KoX ©9 CKacna e;^eii/, kol tcl^ TiiJ>(i)pla<; OTroia^ riva<; e^' eKda-TOt<; Bel roi? dhiKY] jiaaiv elvai, irepl rovTcov vojJLoOerelv. tovto yap i<m to e<f> amraai rol<i TToXlrai^s kolvov<^ tov^ v6/jlov<; Tidevat. to Be irepl Ta>v tyeyovoTcav 7rpay/j>dTa)v v6fiov<; ypdcpetv ov vojjLoOeTelv iaTiv, dWd tov<; dBuKovvTa'^ crco^e'.v. aico- 117 Tretre B\ w? dXrjOrj Xeyco, ifc tcovBL el fiev yap ^VKTijfjicov rjXw TYJv Twv TTapavojjLcov ypacpTjV, ov/c dv edrjKe tovtov tov vo/jlov 6 Tt/uLOKparTj^;, ovS* dv eBecTO ■f] tt6\i^ tovtov tov vofjLOV, dXX e^r)pKeL dv avToi^ aTreaTepTjKOCTL ttjv ttoXlv Ta ')(^pr}iiaTa twv dXXcov fjLrj (ppovTL^eLV. vvv 5*, eireiBrj direcftvye, to fiev v/jl6T€- pov Boyfia Kal ttjv tov BtKaaTijpLov '\jrr](pov Kal roi)? dXXov<; vofjiov^ dKvpov^ oleTai Belv elvai, avTov Be Kal iiStov avTov vojjlov Kvpiov. Kalroi, (o TLjii6KpaTe<;, ol should "be, and how everything should be regulated.' E. W. Tcts TifMiopias oiroias tlpcls is more forcible as well as more elegant than oTToias rivas raS ri/j-wpiat (exquisitior verborum ordo, G. H. Schaefer) : and vepl tovtwv is merely an emphatic repeti- tion (epanalepsis) of irepl twv fieWbvTuv ^aeaOat. Koivoi/s Toi/s vQfiovs TLO^uai] 'to enact the laws impartially': like iroX\oi...ol /cX^Trrai in the last section, §§ 117—119. Eeal motives of Timocrates : Attic law gives large discretionary powers to juries in awarding punishment : Timocrates would deprive them of these powers for the benefit of the vilest criminals. § 117. et pL^u yap 'EvKT-fip.wv ^Xw] His decree is described § 13, and again referred to in § lOl : the unsuccessful im- peachment of it, § 14. 01)5' av ebeiTo] ' the state would not have wanted the law:' a smart way of saying that T. and his friends would never have found out that it was wanted : ' they would have been content, after robbing the state of its money, to let everything else alone.' ctTT^^Kyc] The subject is here Euctemon: in § 14 it was Euc- temon's law [Kara rods v6/xovs ^do^ev eip-fjadaL Kal airicjivye). That of olerai is of course Ti- mocrates. vpLirepov 56yp.a] The jury are once more identified with the Ecclesia which passed Eucte- mon's decree (cf. §§ 11, 16): the 'verdict of the court' will include both the acquittal of Euctemon and the condemna- tion of Androtion and his col- leagues. p. 737.] KATA TIMOKPATOT2. 185 fxev ovre^ rjfitv Kvpioi vo/jloi tovtovctl iroiovo-v Kvpiov^ dirdvrcdv, koX BiSoaaiv avTo2<; aKovaaaLV, ottolov av Ti vofjbl^coaL TO dSlKTjfjLa, TOLavrrj irepl rov 7]Slk7)k6to<; '^(^prjaOaL rrj opyfj, /iierya jneyaXr}, fjuiKpov fiiKpa. orav yap yon y^prj iraOelv rj diroTlG-ai, t6^ TijJbdv eVl tov- 119 TOi<^ ylyveTai. av tolvvv to iraOelv dcpatpeZ^ tov Be- a/jLov d(j)LeL<;' koi ravra tlctl ; toZ<; /cXeTrrat?, rot':; iepo- crv\ot<;,-rot<; TraTpaXoiaL^, toI<^ dvhpo^ovoi^, toI<; dcrrpa- revTOL^, To?9 Xlttovo-l Ta9 rd^ei,^' tovtov<; yap iravra^ <T(D^eL<^ TM vo/jbo). KaiTOL 0(7TL<; iv Brj/jLOKparla vofio6e^ ^ TO om. Bens, cumpr. S. § 118. KdpiOl v6fXOl...T0VT0Val ...Kupfous] Forcibly contrasted with avTbv bk koX tov avTov vbjxov Kupiov above. T. claims that his law and his personal will shall prevail: instead of that, it is the existing laws (6vT€$ = K€ifi€Poi,) which are con- stitutionally in force, and they give the control of everything to the jury. Kai bidoaffLv ... jUiiKpbv /xiKpg,^ ' and empower them, after hear- ing the case, to deal more or less rigorously with the offender according to the character (in their opinion) of his olfence.' So K., and a literal rendering is hardly possible. According to the common punctuation, the construction of ^1^70 /xeydXr}, fxiKpov fiLKpq. must be supplied from btrolov ay ti vofii^uari t6 dSiKrjfxa, and is equivalent to iav fxev fxiya vofiii^wai, fieyaXrj (xp'Jjcr^ai Tfi opyrj) eav 5^ fxiKpbv, /xLKpa. Another pointing is fa- voured by Bekker and Benseler: fjt^ya; fieydXyj, /xiKpbv; /iiKpq.. 'Is it great? then (their anger is great,') &c. This seems to me too jerky for Demosthenes' style. 6Tav yhp ^ 8 ti xpv] The reading of the best MSS.; ' for when the question is what pe- nalty, corporal or pecuniary, is to be imposed, the assessment of it is vested in the jury.' The older reading, otuu yap fj Tb tL XPV . . . would mean ' when the expression (or formula) occurs.' iradeiv rj diroTiaaL, §§ 63 n., 105. § 119. t6 iradelv d^atpets] You take away the iraddv, and leave only the diroTiaaL, which is not enough. TOLs kX^tttois K.r.X.] We have had this fallacy once already, § 102 ff., where see notes. I think it unlikely that Demosth. should have reiterated so bad an argument, though he may have used it once : an additional reason for suspecting inter- polation in this part of the speech. To?s dffTparevTOis, rots \nrod(ri Tois rd^eis] On this distinction see § 103 n. The MSS. are pretty equally divided between XeiTTovo-t and XiTroOcrt : the present participle, which is also the reading of S, seems more suit- able. 186 KATA TIM0KPAT0T2. [§§ 119-122. To^VfiriO' virep rcov lepoov fJurjO ^virep tov ^rjfiov vo/JLoOerel, dX)C virep wv elirov dpTLco^, ttcS? ov hiKaio^ iari Trj<; 1 20 icr')(aTr]^ TLfjLcopLa<; TV)(elv ; ov yap Srj ipel je w? toz)? 73^ TocovTov<; ov KoX iTpoar}KeL /cat ol vofjLOC KeXevovat raU /JLeyLaraL^; TLfjutopiai^ ivo^ov^ elvai, ovh^ co? ovtol, virep wv evprjKe tov vofjLOV, ov kol KkeTrrai kol lepoav- \oL elcTL, TOL jJLev lepd, ra? SeKara^; T179 Oeov koX Ta<i irevT'qKQaTd^ twv dXkcov dewv, aea-vXrjKore^; koI dvrl TOV diroBovvai, avTol €)(0VTe^, Ta 8' oG-ca, a eyiyveTO v/jL6T€pa, K6/c\oct>6Te<;. BLa(f>6pec Be ToaovTOV avrwv T] lepoavXla twv dWcov, otl ti)v dp')(rjv ovBe dvrjvey- TTws OV 5i'/cat6s earil ttws ou%t diKaicdS oTiovv av irddois § 95 extr, and elsewhere. Of this sentiment, also, we have a little too much in these speeches. §§ 120, 121. Androtion and his colleagues have committed not merely robberies but the worst of sacrilege; their madness would seem to be a judgment from tJie goddess herself, like the fate of those who mutilated the statue of Victory. § 120. €vpr]Ke TOV vb^iovl ' He has invented, devised this pre- cious law of his.' The true reading, instead of the impos- sible e'iptjKe which is never found with yo/ioj/, is preserved by S and another (corrected) MS. and has carried conviction to the minds of all critics. rds heKdras] ' Minerva of the Parthenon received the tithe of the plunder, and of captures, and also of certain fines ; w^hile others were paid to the temples without any deduction, together with the tithe either of all or a large proportion of confiscated property. The tithes of Minerva are mentioned in connexion with the fiftieths of other gods, and of the heroes of the tribes {iTrwvvfji.oL) ; the latter were pro- bably similar percentages, and must not be confounded with the custom duty of the fiftieth" Boeckh P. £. p. 328. He might have added that these 5e/cdrat are also not to be confounded with the deKarri or tithe of land, or with tolls or taxes of ten per cent, like that mentioned in Xen. Hell. i. 2. § 22, t^ 8eKdT7]u e^^Xeyou tCsv ek rod libvTov irXoiwv. For the tithe of the spoils of war Boeckh refers to § 129 below, diroarepQu rds dirb tCov vfxer^puu TroXefiioju deKdras: and to Lys. c. Poly- strat. § 24 €Xr]l'^6fji.r]v...wa-Te ry 6et^ T6 rds deKaras i^aLpedrjyai irXeov rj TpiaKOVTa jivds Kai rots arpaTLiVTaLS els awTijpiav. As to another passage he appears to be mistaken : in Andoc. de Myst. § 133 dpxd^v7]s iyevero Trj$ irev- TTjKoffTTJs rplrov ^Toi can only refer to the two per cent, im- port duty. Cf. Harpocrat. s. v. deKareveiv : Phot. s. v. aSe/carey- Tovs : Diet. Antiq. s. v. ' Decu- mae.' TT]v dpxv'' 0^5^ dp-^ueyKav] ' that they never brought the p. 738.] KATA TIMOKPATOTX. 187 121 Kav eh TTjv aKpoTToXcv, Biov avrov^;. otfxai he vr) tov Ala TOV 'OXvfiiriov, w civSpe^ Bi/cao-ral, ov/c oltto rav- TOfidrov rrjv v^piv Kol rrjv vireprj^aviav eireXOelv ^AvSpOTLcovo, a)OC viro T179 Oeov eTnireiJb^Oelaav, tV, 'W(nrep ol rd d/cpcorrjpLa r?}? Nt/c?;? irepiKO'^lravTe^; drrcciXovTO avrol v(j)* avroov, ovtco koI ovtoc avrol avTol^ Si,/ca^6fjLevoc diroXocvro, kol rd ')(^pi]fiaTa Kara- Oelev heKairXda-ia Kara tov<; vcfxav^ rj BeOelev. 122 BouXo/^at 3' vfMLV, o fiera^v Xeywv irepl rovrcov eve6vfir}0r]Vy elirelv irepl ov redeiKe v6jj,ov, irapdho^ov money into the Acropolis at all, when they were bound to do BO,' Why this was worse sa- crilege than taking it out of the treasury does not appear. § 121. ttTTo TavTOfidrov] ' by accident ' K. ' zuf allig ' Benseler : opp. to eTTLirefXipdetaav, * the re- sult of judicial blindness.' TO, oLKpuiT-qpia T7JS Ni/f77s] These men had 'mutilated' (cf. Mid. p. 562 § 147 TO()s 'E/)/ias irept- ^Koirrep) the chryselephantine statue of Victory by cutting off the golden ornaments or 'ex- tremities.' It seems hardly worth while to raise the ques- tion whether aKpurripia could mean ' wings ' as the Scholiast explains it: the reference is, almost certainly, not to the temple of Nike Apteros, still extant in good preservation, but to the figure of Victory held in the hand of the great statue of Athena. Nothing further is known of the incident. dwdoXouTO avTol v<f> avrCov] The Scholiast in telling the story throws no light upon the meaning of this expression : he merely repeats the words. K, translates ' perished by their own hands ' : it is not necessary to infer suicide, and we get a closer parallel to the case of Androtion and his associates if, with Benseler, we suppose that they quarrelled over the division of the spoil and so were brought to justice. 5i/cafo/Ae»'ot] The reading of the inferior MSS. dtadtKa^o/xevoL would imply that they were ruined by the diadLKaaia (§ 13) which determined the question of liability as between them and the trierarchs. But this would not account for the ten- fold forfeiture. The text is rightly rendered by K. and Ben- seler : ' by litigating among themselves, ' ' dass sie durch ihre eignen Prozesse stiirzen mochten.' § 122. A pretended after- thought. Why did Timocrates pointedly except all connected ivith the farming of taxes from the operation of his laio ? This is a repetition of the argument of §§ 59, 60 : and the real reason was, as we have seen, that the Athenians would not have stood any weakening of their hold over the TekQvai and their sureties. trapdbo^hv tl\ The well-sup- ported variant TrapaXoybv (AQ Tkrs and yp. DF) would mean 188 KATA TIM0KPAT0T2. [§§ 122-124. Tt, BavjxaaTOV rjXiKov. ovrog yap, co aVSpe? BiKa(rral, Tol<i jjblv Tcb TeXr) (oi>oviJLevoL<; eypa^jre Td<; Tificopia'; etpai, el /jurj Kara^aXoLev rd '^prjpara, Kara toi)? v6- fjLov^ TOv<; 7rporepov<^, iv oh fcal 6 Becrfji6<; koX r] Biifka- cria yeypaTrrai dv6p(07rot<;, ot Std to ^rj/jLtovcrOat, iirl- Tfj wvrj aicovre^ efieWov rrjv iroXiv dhiKrja-eiv' roU 3' v<f)aLpovfievoL<^ rd Trj<; TroXeo)? kol lepoavXovai rd ttj<; Oeov Tov hecrfxov d^eVKev. Kalrov^ el fxev eXdrrw ro-u- rov^ dhiKelv i/celvcou vofjilaao (^rjaei^iy dvdjKT} fjuaive- G-Qai ae ofioXoyelv, el Se fxel^co vofil^cov, wcnrep eariv, 739 CKelva rdScKTjfjLara toj)? fiev a^t'j;?^ tov<; Be //-r}, ovk 7J87) B7J\o<; el ireirpaKouf; to Trpdyjiia tovtov^ ; 123 "A^iop TOLvvv KoX TOVT elivelv, oaov vp,el<; Bia^e- peT€, w dvBpe<; BiKaaral, fxeyaXo^poavvrj toov prjTo- pwv. vfjLeh fiev ye tu eVl T(p irXrjdei vevopbodeTTjfxeva « Koi Z cum 2 {qui tamen /fatroc in yp). ^ d<pieis Z Bens, dtpuis Cobet. precisely the same thing. The pojv. On change of pronouns two words are joined together referring to the same person, by the author of i. Aristog. compare notes on Plat. Protag. p. 780 § 32 iK d^ TOV irapaU^ov 310 d, 318 c. KoL TrapaXoyov. 5/jXos el ireirpaKus] ' is it not 6avfxa(TTbv tjXikov] ' something plain that you have sold your extraordinary, wonderfully so ' services to them for a bribe ?' R. W. rightly: Lat. mirum §§123—138. Timocrates'law qiuintum^ As Shilleto points is for the benefit of notoriously out de F. L. p. 368 § 87 = 98 undeserving and worthless men. . ws dav/xd(Ti riXiKa ireiaoixevoi, dav- Examples of better men who ixaarov is practically adverbial. have been punished, while the Cf. ib. p. 348. § 24 = 27. men who have bribed the de- 5ia TO ^rjfiiouadaL eirl Trj (iff/] fendant are to get off. 'owing to -losses upon their § 123. Athenian law doest biddings" or contracts' as reXcS- not spare the poor 7cho offend^ pai. K. gives the general sense : Iwicever sorely tempted, much 'by having made a bad bar- less the rich: hut (§ 124) tliese gain.' orators shoio the hatred of up- To^Tovs...iKeLvo}v ...iKc'LvaTcidi- starts for the class from which K-q/xara] The meaning is quite they sprang. clear, but the use of the pro- rd eirl ti^ irXyjdei pei/ofxodeTTj- nouns rather tortuous, tKetva /xeVa deipo] ' the severe enact- being = Td TovTtav, not rd kKd- ments against the multitude': p. 739.] KATA TIMOKPATOTS. 189 Setvaj iav Tt<; rj Bi)(^666V fjLL(Tdo(f)opy rj 6<pei\(iiv to3 hr)- fioaicp iKKXrjacd^rj rj Bi/cd^rj rj ciXko tl TTOifj wu ol vofjLov dirayopevovo'Li', ov Xvere, Kat, ravr eiSore^i oti Bed Trevlav dv^ TroLrja-eiev 6 tovicdv tl itolwv, ovBe v6/JLov<; TocovTov; TLdeG-d\ o7rco<; i^ovala earai^ i^a- liapreZuy dWd rovvavrlov ottoj? fnj' ovroc B\ otto)? ol Tu al(T')(^L<TTa Kol rd Beivorara Trotovvref; Bifcrjv firj "^^4 Bcocrov(riv. elra, TrpoTnrjXaKL^ovG-iv vjxd^ ISla tol<; X6yoc<i, cJ? avrol KaXol Kayadol, Trovrjpoov kol d'^a- piGTWV oIk6TC0V TpOTTOV^ €^OVT€<;. KOL jdp eKelvODV, (o dvSpe^ BtKaaral, oaoi dv eXevOepoi yevcovTai, ov T7J<i eXevOepla^ X^P^^ e^ovo-t, toI^; hecTTTOTai^;, dXXd fiKTOvcTL fidXtara Trdprcov^ dvOpwircoVy ore avvicraaiv avToh hovXeva-aartv. ovtco Brj koI ovtol ol prjTop€<; K av om. Bens, cum libris. Illud e coni. Bekk. ^ ^arat avTocs Z. ' iravTwv om. Z Bekk. Bens, cum S. the sense of iirl, ' applying to ' (§ 59 71.) passes imperceptibly into that of ' against.' The last corrector of S has eirl tQu irXov- fflcjv, manifestly against the sense ; one among many exam- ples which prove that S does not merely represent the best tradition of the Demosthenic text, but has often been inju- diciously corrected. — dix^dev] * from both sides.' 6(f)d\o}v Tip drjuoaicp €KK\r]- o-td^Tj] The spirit which promjat- ed this legislation has been indicated in a note on Androt. §48. Xvere] 'repeal,' as § 38 and elsewhere. KoXOere is a bad cor- rection. 5iot Trevldv av Troir'cretei'] av, which might easily have dropt out after ireviav, was first added byBekker, Benseler unsuccess- fully attempts to defend the MS. reading. § 124. Kal yap iKeivcov] i.e. not oIk€t(j}v in general, but tto- vr]pu)v Kal axapt-cTTuv oi'/c. Grati- tude on the part of freedmen was not only the rule, but was enforced by law through the diKT] ajroaTacriov: see Diet. Antiq. s.v. ' Apostasiou Dike.' fiaXi(XTa TTCLVTiov duOpuiwuvl If iravTcov is omitted (see various readings) ixaXiaT ^ avdpunrwv should be written, as fxaXtara is almost always elided. Din- dorf approves the omission in his note (ed. Oxon.) but retains the common reading in his text |Teubner, 1881). He refers to Pantaen. p. 980 § 49 fitaii- deirjs dv diKaiorar avSpdcnruv. Benseler gives further refer- ences which abundantly justify the reading of S. 190 KATA TIMOKPATOTS. [§§ 124, 125. Q-UK dyaircao-LV eV Trev/jrcov TrXovcrcot cltto ttj^; TroXeco? 'yi'yvoiJbevoLy aXka Kal TrpoTTTjXaKt^ovcn to ttX^^o?, on cTvvoi^ev avTwv .eKa(noL<^^ ra iv rrj Trevla Kal veoTrjTC eTriTrjSevfjiaTa. 125 'AXXa vrj At", ala')(^pov ccrco<; yu ^AvSporlcova Be- Orjvai rj T\avKeT7]v rj M.e\dv(DTTOV' ov fxd top AC, w dvhpe<^ hiKacnal, dWd iroXv aL<j')(^Lov^ ttjv ttoXiv dBc- Kov[ievr]v KoX v/Spt^o/jievTjv fjurj Xa^etv Blktjv Kal virep T^9 Oeov Kal virep avrrj^;. eVei 'AvSporloyvL <ye iro- repa ou TrarpMOV to BeSeadac ; dX)C avTol IcrTe ttoX- 740 Xd<; 7r6PT€Tr}pL8a<; iv tc5 Sea/jLcoTrjplo) BiaTpiyjravTa top ^ eKaaros Bens, cum SFv. ' alaxpov Bens, cum 2. ovKa/yairu)(nv...yiyv6fxevoi'\ 'are not content with raising them- selves ' from poverty to wealth : rather than 'with having been raised' {-ytvoixevoi). airb TT)s 7r6Xea;s] * at the ex- pense of the state,' and so, as K. translates, 'through their political career.' airb often ex- presses what people live on, or draw their supplies from : i. Phil. p. 49 § 34 ttTTO ti2v vfieri- pwv vfuv TToKe/xel cvixixax^v. Thucyd. i. 81 § 4 rds irpoabhovs dcpaip-qaofieu a(f> c5v t6 vavTiKOV Tpe(pov(n. So in the phrases ^v, OLa^^v dwo TLvos, for which see the Lexicons : Shilleto on Argum. F. L. notices as ex- ceptional Plato, Laws in. 679 A rj drj TO irXelcTTov dU^wv ' quum d0' rjs in more usurpetur.' Com- pare Cobet, Nov. Led. p. 573. rd ev rrj irevla — eiriT'qdevixaTa] * how each of them used to live in his younger and humbler days' K. very neatly. §§ 125 — 130. Origin and cha- racter of Androtion, Glauketes, and Blelanopns : none surely can have desei-ved imprisonment more than these men, who for- sooth will he held up to us as men ivhom it would be monstrous to imprison. § 125. 'AXXd yr) AC] An- drot. § 69 n. TToXii at'crxtoi'] Benseler's at- tempt to make out a case for the reading of 2 is very forced. He says alcrxpbv is used sub- stantively; but such a phrase as aiaxfibv Kal deivbu Troielv in Isocr. Panath. § 203 and De- mosth. c. Aristocr. § 143 does not bring us much nearer the pretended use of ttoXv alaxpbv for fiiya bveidos. irarpi^ov to dediaOai] ' is not imprisonment an inheritance from his father?' The humour of the passage suggests also the ironical rendering, 'an he- reditary distinction ' ; see the next note. For the fact, of. Androt. §§ 5Q, 68. TToXXds TrevTeTTjptdas'] There is surely comic exaggeration here, even when we remember that irevTeTTjpls is a period of four years, not live. Nothing is more certain than that long p. 740.] KATA TIMOKPATOT2. 191 irarep avrov kol ajroSpavTa, a\V ovk dcpedevra. imprisonment was practically unknown to the Greeks, espe- cially to the Athenians; they had neither the appliances in the shape of walls and bars, nor were they willing to incur the expense. Imprisonment be- fore trial was common enough, but would not last long. After trial it was employed either (1) as a way of ' putting on the screw' to extract payment, in which it was generally success- ful, or (2) as a public stigma put upon disgraceful offences (§§ 105, 114), or (3) it preceded execution. In this last case, owing to the insecurity of the building {ohTjixa), the prisoner was chained, and was under the special custody of the Eleven. It is altogether improbable that Androtion's father had spent so much as four consecutive years within the walls of a prison. The Scholiast saw the exag- geration of this statement, and says that Demosth. did not mean it literally (cxTrXcDs), but used the plural for the singular ad invidiam {iwi rb iTraxO^<rTe- pov (p^pojv Tov \6yov). In the words Kara irivTe ^ttj TJyeTo to. HavaOrivaia, t6t€ 5^ e^iju d^ei- adai Tovs dea/xdoTai 8ia ttjv Travq- yvpLu, the Schol. appears to have confused two distinct things : a holiday like that at the Dionysia, when the prison- ers were let out on parole during the festival (Androt. § 68), and an amnesty or kind of sabbati- cal year, involving their entire discharge. We have no evi- dence whatever that such a rule existed in connexion with the Greater Panathenaea (§ 26 n. ) ; and even if there were, the statement that A.'s father ' spent many quinquennial pe- riods in prison ' is not explained by saying that he ' once got the benefit of a quinquennial empty- ing of gaols.' The fact is that a tone of banter runs through the whole passage. The late Greek form irevTae- Trjpidas is here found only in one inferior MS. The texts of some other writers have been less fortunate than that of De- mosthenes ; but the true forms of the compounds of tt^vtc and of other numerals are proved against the MSS. by the incor- ruptible evidence of metre and inscriptions, and are insisted upon by Phrynichus. (See Lo- beck, p. 412 ff. or better still Eutherford, p. 489; Cobet Van LecL p. 248.) diroSpdvTa] In Androt. § 68 it was e^opxT/trd/iefos, an addi- tional comic touch: A.'s father broke his parole after the Dio- nysiac holiday. This custom must have rested on a well- grounded assumption that an Athenian citizen would prefer a prison to exile (for of course, if he escaped, he could not re- main in the country) ; and is a further proof that the impri- sonment was neither of long duration nor very painful while it lasted (cf. § 131). The con- trast between an Athenian and an English prison (and execu- tion) is drawn out to the disad- vantage of the latter by Prof. Mahalfy, Social Life in Greece, p. 265 ff. Elsewhere, however, he does not disguise the fact that the avoidance of certain repulsive features of our mo- dern practice was accompanied by a singular indifference to human life. A state which 192 KATA TIMOKPATOT2. [§§ 126, 127. 126 dWa Bia TO, iiriTTjBev/jLara ra iv rf} yXt/cla; dWa Kol hid ravra BeSeadat avTot ov'^ tjttov TTpoarjKeL i) hi airep v^eiXeTO. rj otl elar/ec eh Trjv dyopdv ov/c i^ov avrS, kol eic TavT7]<; tov<; acocjypovco'i ^e/SicoKOTa^i avTO^ '^yev eZ? t^ hea-jjLwrrjpLov ; aX,A,a MeXai/WTro? Beivov vrj A/' earlv el BedrjaecrOaL vvv epLeWev' dXkd irepl p,ev tov irarpcx; avrov ovBev av cf>Xavpov eLTTOi/xL, 127 ovS* el irdvv ttoXX* e;^&) irepl K\o7rf]<; Xiyecv, dX)C ecrrco e/xol eKelvo^ ye TOiovTO<i olov dv TifjLOKpdTr]<; avTov eyKcofjLidcreLev. aW' el ')(p7](7T0v irarpb^i wv punished capitally the usurpa- tion of the franchise by a non- voter (Androt. § 48 n.) was clearly at no loss to dispose of its ' criminal classes.' § 126. ra iTriTTjSevfxara ra ev ry riXiKtg.] Ironically, in refer- ence to the charge of iralprjais, Andrct. §§ 21, 29, 73.— 5t' awep vcpeiXero 'because of his pecula- tions.' eiayei els rrfv dyopav oiK t^bv ai5r(^] As i]TaipTiK<hs he was or deserved to he dri/xos, and there- fore excluded from the dyopd. Cf. ets TTjv dyopdv ep-^dWr], above § 103 n. 77761' els rb deapiOirrripiop] His acts of oppression detailed in Androt. §§ 52, 56. MeXdj/wTTos] Nothing is known of him except what may be gathered from the present pas- sage, and one additional fact recorded by Harpoeration s.v. that he was the brother-in-law {KrjSeffTTJs) of the orator Dio- phantus. It has been thought improbable that he was the son of the well-known general in the Peloponnesian war, killed at Mantinea in 418 (Thucyd. v. 74): and Droysen (quoted by Benseler) thought that his fa- ther was to be identified with a Laches mentioned by Lysias (adv. Simon. § 45) as general in 392, and himself a son of the more famous Laches. But Ben- seler argues that as Androtion, Melanopus and Glauketes were all three old men, he may after all have been the son of a man who lost his life 65 years before. The father was evidently a man of some note, and Demosth. ' will not speak a word against him, though he might say a good deal about certain thieve- ries.' Now the elder Laches was the son of Melanopus, of the deme Aexonae ; he was recalled B.C. 426 from the com- mand in Sicily, where he had made a ' pot of money ' (o-t'/A- pXcv xPVf^dTiop Aristoph. Vesp. 241) for which he was to be prosecuted by Cleon : and he is almost certainly the AdjSrjs Al- ^ojpevs impeached by the Kduv Kv8adr]vaieijs (i.e. Cleon) for ' devouring the Sicilian cheese all to himself (ib. 895 ff). The point is well brought out in Diet. Biogr. s.v. 'Laches'; and the received view is probably the right one. § 127. OLOV dv...iyK(>}p.id(7etev] ' For all that I have to say, let the father be as excellent a man p. 740.] KATA TIMOKPATOT2. 193 7rovr]p6<; koI KK.eirTr}<; r}v kol irpo^oaia^; ye akov<i rpia ToXavra direTLO-e, koX (rvviSpov yepo/ievov kXotttjv avTOV TO hiKaarripLov Kareyvay koI heKaifkaa-LOv aire- Tta-6^ Koi irapeTvpea pevaaTO eh MyviTTOV, kol tov<; aSeX^oi)? Tov<: eavroO ijSi/cei, ov tocovtw fxaXXov avTop ISet BeSiaOaL, el '^(^pTja-Tov irarpb^; wv TotovTo<^ as Timocrates would make him out,' K. But there is further, I think, an insinuation of ' ex- travagant praise ' or ' puffery ' in iyKwixLdaeieu, which Bensejer accordingly translates 'heraus- Btreichen,' 'puff him off.' Athe- nian custom allowed the merits of a parent to be urged on a trial, as it put up with the less relevant appeal of the weeping children of tlie accused. iSuch claims did not, however, count for much when the people were really exasperated. If we con- demn the Athenians for the fate of the younger Pericles, one of the six generals at Ar- ginusae, we may be reminded that Admiral Byng was himself the son of a man who had won his peerage in the same pro- fession. Kai irpoSoaias y€ aXovs rpia ToXauTa diriTiae] One of the passa^^es whicti prove that 'treason' was not always -capi- tally punished. In [Demosth.] c. Theociia. extr. we read of a fine of teu talents for the same offence. The law of irpodoaia was extremely elastic: Diet. Antiq, s.v. 'Prodosia,' KaL o-uy^dpou yeuofi^vou] 'when he had been a member of con- gress;' i.e. of the congress of allies, held under the new ar- rangement after b.c. 377 upon more equitable principles as regards the uependent states. Diet. Antiq. s.v. *Synedri.' W. D. This is K.'s rendering of the word when it occurs below § 150 : and he would have done better to translate it so here, instead of 'when he was his colleague.' It is not likely that Melanopus' frauds were tried in the same court in which they had been committed. The monies he had misapplied were clearly sa- cred, as is shown by the dcKa- TrXdaiov : and Benseler thinks that he had been one of the 'assessors' (Beisitzer) to the archon Basileus in a case of sacrilege, who, he declares, were also called dvedpoi. He gives no proofs ; ani in this sense we should rather expect vdpedpos. Tne peculations, on the other hand, may very easily have been connected with some tem- ple, like that at Delos, belong- ing to the allies. irapeirpea-^eOaaTO eli Af7U7rroi'] ' he betrayed his duty on an embassy to Egypt.' This was not the occasion mentioned in § 12, when he was ambassador to Mausolus in Caria. In this sense irpea-^eveiu is commonly used : while -nrpecr^eveadai the 'causal' middle is 'to send an embassy, cause ambassadors to go:' like didda-Keiv, 8i5d(rK«T6ai. Hence the form oi Trapavpea^ev- ovres de F. L. p. 401 § 191 = 211 is more regular than that now befoi-e us. We find, however, irapcnrpeo-^evtjTaL in Plato, Laws XII. 941 A. 13 194 KATA TIMOKPATOTS. [§§ 128, 120. t^v ; ol/iai yap eycoy, etirep tm ovtl ')(pr}(TTb<; rjv Act- ^179 KoX cj)L\67ro\L(;, VTT avTov av i/ceivov heOrjvai avTov ToiovTov y ovra koI ovTa)<i al(T')(^poi<; oveiheaL irepiPaXkovr iKelvov. koX tovtov fxev hrj ico/jiev, 128 TXavKirrjv Se aKe^jrw/jieOa. ou^ ovro^; iariv 6 Trpco- Tov ^ev eh AeKeXeiav avro^oXrjcra^, KciiceWev opixca- fievo<i KaraOewv kol (j^epcov kol dycov v/j,a<; ; aWa irdv- T6^ lare ravra. kol 6 airb fuep rcov v/bberepcov TralScov Kol yvvaiK^v koX twv ciXXcov '^prj/jbdrcov, ocra Xd^oc, 74^ dveideai Trepi^dWovTo] ' put- ting such a stigma' upon his father ; ' involving him in such disgrace.' The phrase occurs Androt. §§ 35, 63. § 128. €is AeK^Xeiav avro- fxoXrjaas] Unhke his fellows, Glauketes is unknown to the classical dictionaries. If he was really old enough to have deserted in the Ae/ceXei/cos TroXe- fjLos (Androt. § 15 n.) of b.c. 413 — 404, the chronological diffi- culty is even greater tnan in the case of Melanopus, who may have been an infant at the time cf his fathers death in 418. According to one account, pre- served by the Scholiast, he did not desert,butwas taken pri son er . KciKeWev op/xw^xeuos] 'and mak- ing it his head-quarters sallied thence to overrun and plunder you.' The phrase dyeiv Kai 0€- peip is more commonly followed by the name of the country, not of its inhabitants; and K. is perhaps right in translating vfias 'the country.' On the charge thus recklessly levelled A. Schaefer very sensibly re- marks : ' Whether Glauketes reached the Spartan camp as a deserter or a prisoner of war, he can hardly have taken part in the hostilities against his coun- trymen' (Demosth. i. 329, note Kal 6 aTrb fih] 'and is not he the man who,' (fee. In this sen- tence ovx ovTos iaTLv is to be re- peated,asG.H.Schaefer remarks, placing a note of interrogation at 8ap€iKoi>s, which Dindorf ap- proves. The first question is an- swered by aXXA iravres tare ravra: the second by dXXd ravra 7' ovru irepiipavrj. Other skilfully balanced antitheses are pointed cut by Mr Whiston : ' with rwv 1/j.eripcop iraldwv is contrasted Tav vjxeripiav TroXefiioov: with eK'et t4> ap/uoarrj, r-qv 8i 7' ivddde Oeov, the last especially striking and invidious.' A somewhat similar passage equally well worked out has been noticed Androt. § 56 n, rCiv aXXwy xPVf^^T^^l To avoid such an expression as ' your other property ' following ' your children and your wives,' we might translate according to a well-known idiom 'your pro- perty as well' This use of d'XXos is not unfrequent in Plato, and is sometimes absolutely ne- cessary to the sense : Gorg. 473 c rwu TToXiruiv Kal r<2v dWoju ^ivujv : ib. 480 d avrov Kal rCov d\Xii3u oLKeiuv : Tim. 76 n yv- ua7K€S Kal rdWa 6r}pia (!). But y OF THE ' P. 741.] KATA TIMOKPATOT2|UlTIlf9BRSr 129 TTJvhe y evddSe 6ebv, Trpea^evrrjf; d^ccodeh ecvat v<^ --^ ^^'^ vjjLcijv, aTTOorrepoov Td<; diro rwv v/juerepcjv iroXeixmv Betcdra^, eirecTa ra^ievaa^ ev aKpoTroXei rdpto-Tela rrjg 7r6XeceJ9, a™ eXa^ev dirb twv ^ap/Bdpcov, v^rjprjjjbevo^ ^ d om. Bens, cum 2. to include wives and children under XPW<^^^ was not really strange to the Athenian mind, any more than to the Oriental. There is high primitive autho- rity for reckoning a man's ' wife ' as simply the first item in the contents of his ' house.' €KeL T(^ apfiocrry] The har- most of the Peiraeus after the surrender of Athens ; the name would not be applied to the commander of the garrison at Decelea. It thus becomes less easy to fix the exact time to which Demosthenes is referring : probably he does not fix it him- self, but seizes the opportunity of bringing in the obnoxious word apixocTT-qs. § 129. rajxieiaas h aKpo- 7r6\et] ' when he was treasurer in the Acropolis :' Diet. Antiq. s.v. ' Tamias.' Tafjt.L€veiv=Ta- /itas elvat naturally takes a genitive like ^aaiXeveiu: thus we have in Mid. p. 570 § 173 TTJs TTapdXov ra/xievaas. L. and S. cannot be right in joining ripLffTela to TajULievaas, as if these particular objects were under his care : he was rafilas TTJs 0€ov, i.e. of the Acropolis and all that it contained. There is, I believe, only one certain example in prose of raiiieveLv with ace. = StoiKeti/, Lys. Or. 21 § 14 TU)v Tot T7)S iroXewy vixtv rafitevovToop: in other passages it has been taken thus, but may (and I think ought to) be other- wise explained. These are Lys. de Bonis Aristoph. § 40 os i<pi' XoLTTev avT<^ Kal irafMieve iravra TOL kv KvTTpi^: Plat. Eep. v. 465 D TO. bk . . .raixieveiv TrapaSovres. In the former passage Trdyra may be joined to €<pijXaTT€, the words Kal irafileve coming in as an afterthought (cf. Androt. § 4 w. ir\a.TT(j}v Kal irapdyuv). In the latter, the construction of course is, ra U irapaddvres u)(TT€ Ta/xt€veLP. It is important, when occasion offers, to justify the general rules of Greek verb- formation : one of the broadest of these is that verbs in -evu) are intransitive, and any ap- parent exceptions should be narrowly watched, [xarevia is (1) not derived from a noun (2) not a prose word: fxaarevu} in Xenophon I leave to the tender mercies of Mr Gunion Euther- ford {New Phryn. p. 171). a iXajSeu dirb tQv ^aplBapcov] Benseler alone shows his de- votion to MS. S by leaving out a. This reading undoubtedly originated in a desire to fur- nish the sentence with a prin- cipal verb, which at present it is without. Demosth. could not possibly have written TapLareia T7]S 7r6Xews iXa^ev dwd tQv ^ap- ^dpojv in the sense ' took away the trophies of the state, won from the barbarians:' he would not have used ^Xa^ev in this sense, and he must have said tA dirb tQv ^ap^dpiov. It is evident that rdpLffTela goes with 6 v<f)ripri' fjL^voi, as K. and B. W. took it. 13—2 196 KATA TIMOKPATOT2. [^130-132. ef CLKpoirokew^i, rov re Btcj^pou rov dpyvpoiroSa koI Tov CLKLvcLKr^v TOP MapBovlov, 0? ^yc TpLaKOcriov^ 8apecKov<;; aWa ravra 7' ovtco irepic^avrj ianv 00 are iravra^ dv6pM7rov<; elBevuL dWd raXXa ov ^laio^ ; 130 aj9 ouSet? dvOpooTTWU. elra (fieiaaaOai rtz^o? avroov d^Lov iartv, ware Bid tovtov^ i) tu'v SeKarwv raiv^ T/;? deov dfjLekrjaai rj rfj^ Biifkaaia'^ twv oaloiv XPV- fidreov, rj rov tovtov<; TreipcofMevov aco^etv [irj nixaypr)- aaaOac ; Kal tL KcoXvaet diravra'; elvat irov7)poij<;, (o dvBpe<; BiKaaral, el Bed ravra ifKeov e^ovacv; iyco /j,ev ydp oljjLai ovBev. ^ tCjv om. Z Bekk. Bens, ciwi SFvB. rou T€ SLippov t6v dpyvp6iro8a^ According to the Scholiast, the throne of Xerxes from which he witnessed the battle of Salamis. dKivdKT]v] The short straight Persian ' sword,' figured in Diet. Antiq. s. V. from the bas-reliefs of Persepolis. The common renderings 'scimitar' and 'dag- ger' (as K.) are less accurate. OS 7776 rpiaKoaiov^ dapeLKo6i\ * which weighed 300 darics.' K. by an oversight translates 'was worth:' in Androt. § 76 he has given it rightly (see the note there). The daric being somewhat heavier than the so- vereign, we have upwards of 80 ounces Troy for the weight of the metal: rather too much for a ' dagger. ' This trophy was shown to Pausanias (i. 27, 1): whether it was found again, or had never been stolen, or miraculously reappeared like the Sainte Ampoule at the coro- nation of Charles X. , it is hardly worth while to inquire. /3taios] 'violent:' ready to use force, and take the law into his own hands, rather than as K. ♦brutal.' § 130. ruv Sfxaruv Tdp t^s deov'] See the various readings. The omission is rather favoured by § 120: the repetition -rCiv Tw cuts both ways, Tri% StTrXacrtas Twj' balujv] § 111 n. rov TovTovs ireLp(J}ix€vov irwfeij'] The return to Timocrates and his law, after this digression upon the three ambassadors, is managed in a way that shows the skilled rhetorician. irXeov 'i^ovcTLv'] ' if they are to profit by their rascality ' (tto- vrjpla) : an idiomatic use oiirX^ov ex^Lv, cf. below § 209. K. should not have indulged in the literal- ism 'if they get more by it.' §§ 131—138. Examples of wholesome severity in recent time, measured out to less serious offenders. The indig- nation of these men at tJie pro- spect of imprisonment is absurd, if you think how common that punishment is, and to whom it is applied (131, 132). In the old times men of high previous reputation were imprisoned, in spite of their former services (133). Names mentioned of cases under the restored democracy: these men knew that the law did not allow them to put in 741.] KATA TIM0KPAT0T2. 197 131 Mt) tolvvv avTol ^ihaaKere, aXKa TificopelaOe. KOI firj iare d<yavaKTelv, el hedrjcrovrat, €')(pvTe<; ra vfierepa, aXX' ayer avTov<; viro roi)? vofJiov^' ovhl yap ol T//9 ^evia<i aXiaKO/jbeuot dyavaKTovacv iv to3 olKrjfJLari rovrw 6vTe<;, ew? dv tci)v '\jrevSofjLapTVpLcov dycovLo-wvrat, dWd, jxevovai Kol ovk OLOvrai, Belv 132 6yyv7]Td<; KaraarrjcravTe^ irepuevai. eSo^e yap rfi TToXei diriarelv avTol<i, Kol ovk ayero Belv hiaKpov- crOfjvac TTj^ TifjLO)pia<; Bv iyyvrjTcov KaTacrTd(r€co<;, dX}C bail, and submitted cheerfully ayojulauvTai] ' till after the trial (134—136). To loish to bail out Androtion and his fellows is to insult your common sense, mid to put a premium on sacrilege (137). Lastly, let me remind you of cases in which such of- fences were visited with death, or narroicly escaped it (138). § 131. diSaffKere] sc. t6 tto- vrjpovs eXvai, through your ill- timed leuiency. otT^s^evias a.\i<TK6fJLevoi\ 'those who are by way of being con- victed as aliens' by a ^evLas ypa(f>r], for which see Diet. Antiq. s.v. The present dXicxKOfievot. implies that the conviction has not reached its final stage, but is subject to an appeal. €v Ti^ oLKTiixaTL To{)Ti^'\ It has been thought from the use of rovTi^ that the prison was visible from the dicastery, but this in- ference seems to me very doubt- ful. In reality ^v rep oik. tqvti^ is 'in the building in question,' i. e. iv ry dea/xuyryjpici} supplied from deOijaovTat.. The secondary senses of oLKrj/xa are well illus- trated in L, and S.: for that = d€<xfj.o}Tnpi.ou cf. below §§ 135, 136, c. Zenoth. p. 890 § 29, c. Dionysodor. p. 1284 § 4, with Mr Paley's note on the latter passage. rCov yj/evboixapTvpiQv for false testimony ' in which they are prosecutors. In cases of ^tvla an appeal was allowed on the ground that the witnesses were perjured, but pending such appeal the convicted party had to remain in prison. fiivQvai] Here the sense of fiheiv seems to shade off into that of vTrofiiveiv : ' they bear it patiently and do not think that they ought (to be allowed) to go about on giving bail.' In the next section the usual sense of each verb is clearly dis- tinguished. § 132. aTTLo-Te'iu] The penalty being slavery with forfeiture of goods, the terror of exile, so effective in keeping citizens to their bail (§ 125 n.), would afford no adequate security. diaKpovcrdrjfai rrjs TLm^ptas] The 1 aor. pass, of middle verbs is almost always passive in meaning; and the right ren- dering is ' she (the State) con- sidered that she ought not to be cheated out of her vengeance,' with Eeiske's Index, K., and Benseler, rather than as L. and S. 'that they ought not to escape punishment.' On 5ia- Kpoveadai comp. Shilleto on F. L. §§ 37, 185. irapaKpoveadai bears nearly the same sense, and ia 198 KATA TIMOKPATOTS. [§§133,134. ivravOa fieveiv avroh^ ov koI oXXol ttoWol twv iroXiTwv. KaiTOi koI eiri y^p-q fiaa lv rjSrj Tivef;^ e8e- Orjaav Koi iirl Kpiaecnv, aXX' oyLto)? vTre/Juevov. aT/^e? fjLcv ovv ta(o<; ia-rlv ovofiao-rl irepi tlvwv /jbefivrjadai, dvajKalov Be Trape^erdcrac avTov<; irapd tovtov<;. 133 Tov<; fiev ovvwpo l^vKXelBov dp^ovTO<; edorco koI tov<> 742 a^oBpa 7ra\aL0V<;. Kairoi Kara toi)? ')(^p6vov<^ oi)?^^ €Ka<TTOt avTwv rjaav, ttoWov d^ioi Bokovvt6<; yeye- vrjaOau rov e/JLirpoaOev ')(^p6vov ofjuw^^ lor')(ypd^ irapd Tov Brjfiou 6pyrj<; iTV<y')(avov iirl tol<; varepov 7^71/0- fievoL^ dBLK7j/jLa(TiV' ov fydp '^povov rcvd BcKaiov; wero Belv avTov'i r; ttoXl^; elvai, elra /cXeTrra?, dWd irepL 76 rd KOivd del BiKaLov<;' iBoKec <ydp tov ejJurpoaSev -^povov ov (pvcrei, aXX' iTri^ovXevcov, tov TrLo-TevOPjpai, ** Tivh om. Bens, cum SAfiTkr. p Kad' ovs Z Bekk. 1 ofxoius Z Bens, cum Z. frequent in Demosth. e.g. An- toi)s (T^68pa TraXatous] Among drot. § 39, above § 37. these the instance of Miltiades ar]5h ...ovofJiaa-Tl ... fie/xv^crOaL] is conspicuous, Grote, ch. 36 dr}Sh is here as nearly as pos- (iii. 312 ff.). The remarks on sible = i:ri(f>dovov, of an un- pp. 319 — 20 on the ' usual tem- pleasant, invidious duty. Cf. per of Athenian dikasts in esti- Mid. p. 533 § 58 irapaLT-qaofiai mating previous services,' and 5' u/itts ix7]5kv dxd^(y6w^^ f^ot, on the 'tendency of eminent eav iiri av/xtpopais tlvuov yiyovbruv Greeks to be corrupted by suc- ovofiaaTl fjLVTjadC}. On the other cess,' are well worth reading in hand, drjdrjs of persons is one connexion with the present sec- who wilfully makes himself dis- tion. agreeable or 'nasty:' c. Everg. Icrxvpa^ ... dbLKriixa<nv] 'met et Mnes. p. 1147 § 28 irplv fxkv with great severity from the daaxQrjva.L els t6 dLKaarripcoy rjv people for their subsequent of- dt]5ris. For the habit of apolo- fences. ' gising for naming men in pub- iiri^ovXevuv, tov Tna-revdrjvaL] lie, Androt. § 55, below § 200. ^eveKa tov TricTTevOrjuaL or iVa § 133. 7rp6 Ey/cXetSou] Above, irLaTevduev. On this gen. of § 42 n. To Demosthenes, the the cause or aim of the action, recent history of Athens began see Madvig, Synt. § 170 (more with the restored (and since satisfactory than Jelf). iiri.- unbroken) democracy. In An- ^ov\evwv is ' with a sinister drot. § 16 we have seen the war design,' not simply 'by design.' of Decelea called ^v tuv dp- The notion is a peculiarly Greek Xaiwv. one, and surprising in a people p. 742.] KATA TIM0KPAT0T2. 190 134 BLKaio<; ryeyoviuat 6 roiovro'^ av6pco7ro<;. aXXa fxer FiU/cXelBijv ap^ovra, co avBp6<; hiKaaral, irpwrov jiev Spacrv^ovXov tov KoWvrea iravTe^i jxefivrjcrde 81? SeOivra koX KpiOevra dfjucporepa^ ra? Kplaet'^ iv to3 hrjfJLCp' KaiTOL rcov i/c IlecpacM'i Koi diro ^vXrj<; ovto^ rjv. eireira ^iXey^iov tov AafiTrrpea. eTreira ^Ajvp- who had before them so many examples of the real nature and workings of ambition. § 134. Qpaav^ovXov tov Ko\- XvT^a] Diet, liiogr. Thrasybu- lus, no. 5. This namesake and associate of the more eminent Thrasybulus (no. 4, d Avkov, STetptei)s) is usually distinguish- ed by the name of his deme, omitted in the case of the other. He may easily have been iden- tical with the son of Thraso, who procured the removal of Alcibiades from his command after the battle of Notium (no. 3) : and, as Dindorf and Clinton hold, with the Thrasybulus men- tioned among p-qropes ^vSo^oi /cat fi^yaXoL de Cor. p. 301 § 219. The great Thrasybulus had also a son of the same name, whose condemnation to a fine of ten talents affords Demosth. ano- ther example, together with a descendant of ' Harmodius and Aristogiton ' (!), of the impar- tiality of Athenian justice, de P. L. p. 431 § 280-320. Ano- ther Thrasybulus of Collytus is mentioned as an ambassador to Thebes in Aeschin. Ctes. § 138 : he must have been a con- temporary of Aeschines and De- mosthenes, and clearly different from the man now before us. — The form Ko\vtt€v$ is attested only by S, KoWvTein by the MSS. of other authors besides Demosth. This is just a case where inscriptions help us : and those printed in Eoss's Demeii von Attika and Ehangab6's^?t- tiquites Helleniques (about six in all) agree in the form KoWv- T€VS. Kpidevra afKporipas ras /cptVet?] 'condemned on both occasions.' For Kpiveiv = KaraKplueiv cf. [Demosth.] irepl twu vpoi 'AX^^- av8pov p. 215 § 12 toi)s fx^u k€- KpL[j.ivov% iv ToU dLKaarrjpioii d(t>UvT€s : de Cor. Trierarch. p. 1230 § 9 davdrov Kpivavrei. tCov €k lieipatm Kal dirb ^vXtjs] This became a stock phrase for the liberators of Athens from the Thirty. The seizure of Phyle by Thrasybulus is first mentioned Xen. Hell. 11. 4 § 2 : the night march to the Peiraeus, the next step in the recovery of the city, ibid. § 10. Xenophon observes the same distinction of prepositions as the present pas- sage : the same men are called oi dirb ^vXrjs §§ 10, 12, and after they had established themselves oi iK TOV neipacus §§ 25, 26. (In the intervening §§ 19, 23 ol iv UeLpaiet are those who held the place in the oligarchical interest against the liberators.) Com- pare Grote ch. 65, Vol. v. p. 585, where the passages related to Phyle are collected in a note. ^LXix/ziov TOV Aa/XTTTpia] The man is not mentioned else- where: his deme Lamptra was also that of Archebius the trier • arch, § 11 n. 'Ayvppiov TOV KoXXvTia] It 200 KATA TIMOKPATOTX. [§§ 135-137. pLov Tov KoXXurea, uvEpa^ ^^/jt^cttoj' koI Btj/jlotlkov KoX irepl TO irXrjdo^; to vp,eTepov iroXka o-rrovBdaavTa' 135 aXX* o/jLO)<i Tov<; vofjLOv^; wero Selu icaX avT0<i i/cetvo^ 6/jL0L(0<;, wcnrep eirl toI^ dhvvcLTOL^, ovtcd koi i(j) kavTut la^vecv, koI iyeveTO ev tS olfcij/jLaTC tovtm TToWd €T7), eo)? TO. ')(^pT]fjLaTa direTiaev d eSofe r^? TToXeft)? ovTa e^^eiv' Kal eir eKelvw J^aWlaTparo^; Bvvd/jL€VO(; KoX dBe\^LBov<; wv avTov ovk eTtOeL v6- liov<;. Kol Mu/oo) 1/187;? 6 'Apx^vov vlo^ tov KaToka- ' dvdpa Kal Z Bens, cum STfir. suits Demosthenes' argument to represent him as ' an honest man, and one of popular sym» pathies;' drifxaycoywv ovtos ovk d^avijs, Harpocrat. s. v. The nature of his debts to tlie public may be gathered from Andoc» de Myst. § 133, where he is de- scribed ironically as KaXbs Korya- 66$ and as an apx^vri$, or chief among the TeXQpai, driving hard bargains with the treasury. If he was really the originator of the distribution of the Theo- ric fund among the people, as Harpocration states, and in- creased the jxiadbt €KK\r]aia(TTL- Kos to three obols {Diet. Biogr. S.V.), he might well be called irepl TO ttXtjOos t6 v/nirepoi^ iroWa aTTOvSdcavTa. % 135. eirl rots ctSwdrois] 'in the case of the uninfluential ' or humble. A more usual sense is that of 'invalids' or infirm pau- pers, for which see Diet. Antiq. s.v. 'Adynati.' iy^v€To...Tro\\a Itt?] Doubt- less an exaggeration, like ttoX- Xds TrevTeTrjpidas § 125, where see the note. ^tt' iKeivij}] K. translates ' in his favour,' having just ren- dered the word 'against.' The sense 'applying to,' as in §§ 18, 59, covers both these meanings. KaWiffrpaTos] The well-known orator, son of Callicrates of Aphidna (uo. 4 in Diet. Biogr.). His fate has been already touch- ed upon, Androt. § 65 w. He was nephew of Agyrrhius by the mother's side, as Benseler rightly infers: as his brother's son he would of course have been of the same deme. /cat MvpiavioTjs 6 'Apxi-vov] We must supply eyevero ev oUri/jLaTi TovTi}}. Nothing further is re- corded of this Myronides: his father is a man of whom we would gladly know more. It is remarked in Diet. Biogr. s.v. Archinus, with reference to the present passage: 'Although the name of Archinus is obscured in history by that of Thrasybu- lus, yet we have every reason for believing that he was a better and a greater man.' The same writer (Mr Elder) makes the probable suggestion, in which he is followed by li. W., that he may have been the son of Myronides who won the battle of Oenophyta in b.c. 456, and that this Myronides may have been named after his grand- father according to the very com- mon custom (s. v. MyroniJes)« p. 743.] KATA TIM0KPAT0T2. 201 ^LvTO^ ^vXrjv Kol fierd ye rov^; deov^ alrLwraTOV OVTO^ T^9 KaOoBov TU) BrjfJLO) Kol aWa TroWa Kai KoXa TTeiroXneviievov koX iaTpaTTjyrjKoro^ 7roXXa/ct9. 136 a\V 0/^0)9 awavre^ ovrot VTrefxevov rov^ vojjlov^. kol ol rafiiaL icf) wv 6 '07na66Bofjio<; iveirprjcrdT], kol ol rcov 743 t//9 Oeov KoX ol Tcov dWcov Oeutv, iv rS oIkyjixcltl TOVTO) '^aav, eG)9 rj Kpiai^ avTol^ iyevero. koX ol Trepl Tov alrov dBiKclu Bo^avre'^, Koi dXkoi ttoWol, ft) dvBp€<; SiKaa-Tal, 7raz/T69 ^eXrlov^ 'AvBpoTL(i)vo<i 137 ovre^. etra tovtol^ fi€V edec KvpLov<; 701^9 iraXat § 136. TaixiaL...ol rOiv r?}? 6eov'\ sc. xp^M^T"'!"') s.nd so =ev aKpoTToXei § 129. The phrase occurs in a law ap. Demosth. c. Macart. p. 1075 § 71. 6 'OTna-dodofjLoi] Unqnestion- ably the inner or western cella of the Parthenon itself, thougli other temples of Athena have been suggested (Boeckh, P.E. p. 441 f.). The existing struc- ture of the Parthenon bears, it is believed, no traces of rebuild- ing after a fire : but the damage may after all have been slight, as iveTTpriffdi] need only imply ' set on tire ' not * burnt down ' (KaraKavdiu, Thucyd. iv. 3U § 2 : CKpOivTU Kul KaTa<pi\ex0^vTa ib. 133 § 2). The conflagration is not mentioned elsewhere : the account of it by the Scholiast Ulpian is amusing, if of doubtful authenticity. The rafiiai, he tells us, had lent the sacred treasure to the bankers on their own account : the banks subse- quently broke (^rvxev varepov avarpaiTTifai Ta^ rpair^^ai), and the rafiiat set the temple on fire in the hope of concealing the transaction ! If we may trust the author of the speech vepl <TvvTd^eix)s, the Athenians, on any suggestion that the trea- sures of the Opisthodomos had been tampered with, forgot their usual humanity {dv^cp^av b-qirov vpurqvTiv^i tov^ Oiricrdodo/xov . . .fia- ffTiyovy, crpe^Xovv TTcures i^owv, Xiyovres rov brjfiov KaraXveadai, p. 170 § 14). ?ws i] Kplcns avToh eyivcro] This is quite natural. But 'penal servitude,' and the Bas- tilles or state prisons of arbi- trary governments in modern times, were, I repeat, unknown to the Athenians. trepl TOV alrov dSt/ceti'] i.e. by ' forestalling and regrating,' as to which the political economy of the Athenians was as back- ward as that of modern Europe, including England, until quite recent times. See Lys. Or. 22 Kara tQiv (jltottoAQv passim, and especially § 6, tov v6/xov 6s dira- yopeOei fxrjd^va T(2v ev Ty iroXei TrXeioj artTov irevr-qKOVTa (popuQv cvviaveladai. Also Boeckh F.E. bk. I. c. 15, who observes in note 375 that the tpopfibs was probably not very different from the medimnus. The penalty was death; as also et rts okc3«» ^ Adrivrjcriv aXXocre ttoi aiTrjyrjaeiey ij eis Tb 'ATTiKbv ifxirbpiov, De- mosth. adv. Phorm. p. 918 §37, adv. Lacr. p. 941* § 50, Lycurg. 202 KATA TIMOKPATOTS. [§ 1^8. fceifievovi v6fiov<; eli/ai, koX BeBcoKevai, Blktjv avTov^ Kara tov<: v7rdp')(^ovTa<; v6/jLov<i' St* ^AvBporlcova Se teal TXav/ceTTfv koI M-eXdvcoirov Kaivbv Set ^evkcrOai vofJLOVy Toi)? T^Xoj/coTa?^ Kal '\jrr](f)(p KeKpifievov^ Kara rov<i irakaL Ketfievov^; vojjlov^; /cat h6^avTa<; e'^etv lepa '^p^/Mara koI oaia ; elr ov /caTay6Xa(TT0<; So^et, rj TToXif; elvaiy el to'l<; lepoo-vXoc^;, ottqx; a-coOrjaopTai,, i^SvoJjLov (fyavelrac rcdefievf] ; €70)7' olfiai. firj rolvvv idcrrjre v/uud^ avTov<; v^pl^eadat fJLTjBe rrjv iroKiv, dWd /jLvrja-OivT€<; on ^vStj/jLov tov KvBaOyvacd^ v6- fiov Bo^avra Oelvai ov/c eTrcrijBecov, ov irdXaiy dX}C * 81a. Tovs eaXwKoras Z Bekk. Bens, cum lihris. t -aiia Z Bekk. c. Leocr. § 27- Boeckh, whose book was first published in 1817, calls these restrictions 'judi- cious,' P. E. p. 81. Prof. Ma- haffy, Social Life in Greece p. 403 &., criticises the Athenian corn laws in the true spirit of political economy. Comp. above, § 63 n. § 137. dedojKhai 8iKT]v] The perf. inf. is rare after ?5ei, which like deheham, oportebat usually takes the pres. inf. of past events; but it serves to mark the time more distinctly : ' was it right that the old-established laws should be in operation for these persons — that they should have suffered punishment.' K. Kara rov^ virdpxovra^ v6/iouj] These words are certainly super- fluous, as Dobree argues, after rod's Keiixivovs vofiovs. But tau- tology is not unfrequently a form of emphasis ; and the phrase is repeated a third time below, Toiii TjXcjKdras] The MSS. agree in 5iot rois eaXuKoras. Dindorf alone among editors follows Dobree in expunging Sta, and writes r/Xw/c^ras accord- ing to his invariable rule. Above, §77. §138. fJLT] Toivvi^ id(rT]T€.../xvri' aOiures ...TavTrjy ttjv opy^u /cat vvv eirl tovtopI Xct/Sere] This long sentence is rightly broken up into three by K. 'Do not then allow yourselves or the commonwealth to be insulted. Kemember that, &c. Bear this in mind, and show the same spirit now against the defend- ant.' Above, § 36 n. KvbadT}vaLd] This, the true Attic form, is found in no MS., but Kvdadrjvia the reading of S and one other is a vestige of it. Cobet lays down the rule in several passages of his Var. Led.: in p, 326 he writes ' Apol- lonius Dyscolus de Pron. p. 126 Bekk. 'Arrt/foi EJ/3oas ^aaiV, at non in Codd. nostris : ' cf. pp. 124, 154. The form Hetpata is regularly preserved by the copy- ists ; but they seem to have thought this word exceptional, and in the genitive vary be- tween Ilet/sai^wj and IletpaiaJj, whereas the rule of contraction p. 743.] KATA TIMOKPATOTS. 203 iir ^vdvBpov ap')(ovrQ<;, dTre/creivare, koI ^LKLinrov Tov ^LkLTTTTOv Tov vavKXrjpov vlov jXLKpOV jjbev dir€- KTeivare, ')(^prjfjLdT cjv Be ttoWcov avrov eKcivov dvTLTi- fKDfJbevov Trap' oXijaf; '\jrr)^ov<i eTiixrjaare'^, ravTTjv rrjv opyrjv Kal vvv iirl tovtovl Xd^ere, eKelvo irpo^ TOVTOL^ diraacv ivOvfirjOevre^i, tl ttot dv iirdOere * 7p-i/xu)<xaT€ Bekk. cum libris praeter S. narrow majority assessed the penalty (at the sum named by him).' So Benseler: 'mit ge- ringer Mehrheit um eine grosse Summe straftet.' This usage of Trap' oXiyas once misunder- stood, irifiriaaTe was sure to be altered. According to the read- ing TjTifxwaaTe, the choice of the jury lay between Atimia de- manded by the prosecutor and the sum offered by the defend- ant; *you were within a few votes of disfranchising him.' The fact that the defendant's proposal was accepted remains the same; but upon this view what becomes of fiLKpoO fjukv OLTeKTeivaTe ? G. H, Schaefer read eTifxri- aare, but from not perceiving the sense of trap' dXiyas has missed the meaning of the pas- sage : ' per pauca suffragia stet- isse quominus ingenti pecunia reus multaretur;' whereas the fine was carried. It is a well- known rule of Attic law that the jury had to choose one or other of the two propositions of the plaintiff and defendant, and were not at liberty to mediate between them. Hence the latter would in general fear to irritate his judges, as Socrates did, by putting the damages too low (Plato, Apol. 38 b; Xen. Apol. § 23). This rule is well dis- cussed by Kennedy, App. xii. to Select Speeches ; he shows that is general for nouns in ei/s prae- cedente vocali. ^tt' 'KudvSpov dpxovTos] 01. 99, 3=:B.c. 382—1. The muti- lated speech of Lysias against Evander, Or. 26, was written for a speaker who attempted to prove on the doKifiaala that he was ineligible. The Athenian constitution, like the American in presidential elections, pro- vided a 'reserve man;' Leoda- mas drew the first lot, Evan- der iiriXaxe : the former was rejected on the scrutiny, Evan- der though opposed was suc- cessful. Cf. Jebb, Att. Or. i. 242. ^iXiinrov rhv ^ikiirirov tov vav- KXrjpov] The father is mention- ed in the speech adv. Timoth. p. 1188 § 14 ff. ^ Trap' oXiyas ^J^jcpovs iri/x'^a-aTe'] It is not too much to say that the reading here preserved by MS. 2 contra mundum is the only one which explains the whole passage clearly and con- sistently. The sense of Trap' oXiyas ^Tj^ovs has been esta- blished on Audrot. § 3 and is the key to the rest. Having mentioned the case of Eudemus who was actually put to death, the orator goes on to that of Philip, who very nearly {/xiKpov) underwent the same penalty. When the defendant offered to pay a heavy fine as an alterna- tive [avTiTiixufxivov) 'you by a 204 KATA TIM0KPAT0T2:. [§§ 139, 140. VTTo TovTov avTov, cl ovTO^ el? wv iirpea-^evev virep Vfjbcov. ol/xac yap tolovtov ovhev eluai otov av airk- (TX^To. Spare Bs rrjv hiavoiav avrov' 6 yap vojjLo^, ov eroXp^rjae Oelvai, rov rpoirov avrov BeUvvcTiv. 139 BouXo/xat 8* vfjLLU, w dvhpe^ BiKaaral, iv AoKpoU ceJ9 voixoderovcTi BL7]yT](ra<T0ac' ovBev yap x,^lpov<; eae- crOe irapaheiyiJbd ri aiC7]Ko6re<i, aXXo)? re Kal w TToXt? 744 it was rendered necessary by the immense numbers of Athe- nian juries. It prevailed also in civil actions, which however might be settled at any moment by arrangement between the parties even after the trial had begun. iirp^j^evfv] The reading of three of the minor MSS. and of the Scholiast iirpiff^evaeu is worth more attention than it has received. The sense re- quired is ' if he had been your ambassador,' not ' if he were now:' and it is in keeping with €TrddeT€. On eh Cv it is worth noticing that such a contingency never in fact occurred: we ne- ver read of a single ambassador, at least from Athens. There were always at least two, some- times, as in the embassy to Philip, immortalised by Demo- sthenes and Aeschines, as many as ten. According to a story told by Plutarch, de Garrul. p. 511 A, king Demetrius (ap- parently Poliorcetes) expressed surprise at receiving only a single ambassador from Sparta : the laconic answer was, "Eva ttotI eua. But in Thucyd. ii. 67 the Spartan embassy to Persia consists of three envoys, besides representatives of their allies. TOLOVTOV ovUv el/'tti] The order of these three words va- ries in the MSS., but all preserve ToiovTov as the neuter form. Cf. Androt. § 2 n. §§ 139—143. The well-hioicn story illustrating the perma- nence of the laios {of Zaleucus) at Locri in Italy, contrasted with the incessant legislative changes at Athens, under the influence of the orators and for their sole benefit. § 139. aXXcos re Kal ip] i.e. Trapadeiyfj.aTi, ' especially an ex- ample which a well-governed state follows.' The good go- vernment of Locri is attested by Pindar, 01. x. 17 v^/xet yap 'Arp^Keia iroKiv AoKpCov Ze^u- picov, and by Plato, Tim. 20 a Ttuoios T€ yap ode, evvofxwrdrrfs uiv TToXeuis T^s ev 'IraXig. AoKpidos. It need hardly be said that the spirit of Zaleucus was as diffe- rent as possible from that of Bentham : ' order ' in the sense of Metternich and the Czar Nicholas, not individual hap- piness, is what is meant by evvojxla. His laws were severe [TiaXevKov v6/j.or ewl ti2v cltto- rdpLwu, Zenob. Cent. iv. 10, also in Diogenian. Cent. iv. 94) and anti-commercial [AoKpuy avv- erJKai, Zenob. Cent. v. 4). The date 660 b. c. for this legislation, given by Eusebius, is accepted by Clinton F. H. snb anno : the foundation of the city was perhaps fifty years earlier. p. 744.] KATA TIMOKPATOT2. 205 evvofiovfievi] ')(^prJTaL. CKec f^ap ovt(o<: oXovrai helv Tol<; TrdXac Keip,evQL<; 'x^prjadat^ vojioc^ /cal to, irdrpLa irepLarekXeuv kol firj Trpo? ra? ^ovXijaeLf; firjSe 7rp()<; Ta9 BtaBv(T€C<;^ toou dStKrjfjidTwv^ vo/jLodeTeladac, wcrr idv Tis; ^ovXrjrac vofiov Kaivov riOevai, iv /3p6)(^q) rep Tpd)(r]\ov eycov vofioderel, fcal iuf [lev Bo^y KaX6<; koI 'Xpr](rcfMO<{ elvac 6 vofio^;, ^fj 6 rideU koX aTrep^erat, el 140 he fir), Tedvr]K6V eiTLairaa-OevTO^ rod ^po^ov. kol ydp roc Kaivov^ /juev ov roXfidoac TldeaOat v6fjLov<;^, TOL<i 8e TToXao KeLfjLevoL^ dKpi/3(£<; ')(^pwvTai. ev^ iroXXol^ he irdvv ereaiv, w dvBpe^; hcKao-ral, el? Xeyerac Trap* avTol<; v6fio<; Kaiv6<; redPjvat. 6vto<^ ydp avrodt vo- * ■Xpwao'dai Z cum S. ^ StaXucrets Bens, cum SFTflrv. " ddi- Kr]<javT(j}v IBekk. e coni. Saupp. * w/aous om. Z Bekk. Bens, cum SksA'. ^ KoX €v Z Bens, cum S. ovT(i)i oioprai] * so strong is their conviction,' E. W., ' steht der Grundsatz so fest,'Benseler. tA. Trdrpia TrepicTT^XXeti'] ' that they ought to cherish their hereditary institutions, and that there should be no legislation to please individuals or for easy compromise with crime.' For the sense of Trepia-riWeLv cf. pro Phorm. p. 958 § 47 Koafxetv Kal ireptffT^WeLv explained by Paley and Sandys. There can be little doubt that vo/xodereiadai is pas- sive and impersonal : as a dep. middle it is not found in the Orators, and is rare in Plato (Rep. III. 398 B, Laws v. 736 c). The rendering just given fol- lows Benseler in preferring the reading SLoKuaeis for 8ia5uaeLs, as not only supported by S and most MSS. (a point of minor importance when the difference is only between A and A), but in every way more appropriate. As might be expected, the words are constantly interchanged in the MSS. as in § 94 above, where twu trap' i^fjuu irovrjpu}:' 5ia8v<x€LS ' shifts ' or ' evasions,' is the right word as applied to persons, dLoXuaeis an ill-sup- ported variant. Hence Sauppe, whom Bekker follows in his last edition, conjectured olSlkt}- <t6.vt(i)v for abLKTiiJ.aLT<j}v in the present passage. This is un- necessary, since StaXu'aets tu)v ddiKTjfjLaTiau here yields an ex- cellent sense : SiaXvcns is used of any settlement or compro- mise, especially upon amicable terms, as of a reconciliation be- tween enemies, c. Mid. p. 553 § 119 ; a composition of a money claim, c. Nausim. p. 988 § 13, c. Spud. p. 1032 § 16. reduTjKev] ' the noose is drawn to, and he dies at once,' *is a dead man.' On this use of the perfect see Madvig, Sijnt. § 171 : and a note on Plat. Protag. 328 b. § 140. aKpL^us xpwj/rat] ' keep strictly to.' In omitting v6- ixovs, the Zurich Editors and 206 KATA TIMOKPATOTS. [§§141—143. jxov, idv Tt9 o^OaXjjLov eKKoyfrrj, dpreKKo^jrai wapa^ G")(€lv Tov eavTOV, Koi ov ')(^pT]fjLdTcov Ti,/jb'i]aeco<; ovBe- fiLd<;, dTreiXrjcraL ri? Xeyerai €'^6p6<^ i^Opo) eva e^ovrt 141 6(j)6a\fjLdv '6tl avTOV eKKoyjret tovtov tov eva. jevo- fi6Vi)<; Be TavT7]<^ t//? direCkrj'i ^^aXeTTcw? ivey/cdov 6 eT€p6(f)6a\fjLo<;, kol ^'jjovfjLevof; d^lcorov avrw elvai tov ^lov TOVTO iraOovTL, XiycTaL ToXfirjaat, vo/jlov elae- vey/cetv, idv rt? kva €^ovto<; o^Oakfjuov ifCKoylrrj, afx^co dvTeicKO'^ai Trapao-y^elv, Iva tjj lcttj avficpopd d/nipo- Tepoi y^pwvTai. Koi tovtov fiovov XiyovTac AoKpol 142 OeaOai tov vofiov iv ttXcIv rj BLaKO(7ioi<; eTecriv. ol Benseler as usual follow S more closely than Bekker and Din- dorf. Tou] ' he should allow his own eye to be knocked out in re- turn.' For the act. infin. after Trapac^xdv in this sense of. Thu- cyd. VIII. 50 § 5 Srt 6\ov to arpd- revjxa ro tup ' Ad-qvaLwv erdifJLOS eiTj Trapatrx"" avTois dLa(f)6(7pai. Violent blinding is always ex- pressed by ^/c/ciTrreti': the phrase in Demosth. c. Conon. p. 1269 § 39 'AptaTOKpaTrjv tov toi>s 60- 6d\fjLoi>^ Siecfidapix^vov was for- merly quoted in illustration of the KapaviaTTJpes ocpdakfxwpTuxoi. of Aesch. Eum. 186, but is now rightly explained of a man who had bad or diseased eyes. Such a law could never have obtained in the more civilized parts of Greece : these and all other mu- tilations were regarded as Orien- tal, utterly abhorrent to Greek manners. ov -xjuqixduTbiv Ti/HT^aecos ov8e- fiLcis] sc. oij(Tr]s, which is easily supplied from 6vtos above. § 141. eT€p6(pea\fMos] The story told by Aelian, V. H. xiii. 24, whether true or not, shows the curious notions held in an- cient times as to literal com- pliance with the law. Accord- ing to this, the penalty of adul- tery was the loss of the eyes: and the son of Zaleucus having become liable to this penalty, the father submitted to the loss of one eye that his son might not be utterly bhnd. The same story is told by Valerius Maxi- mus, V. 5 § 3. aury etpaL tov ^iov] The vary- ing order of these words in the MSS. may justify a suspicion that TOV jSiov was originally absent, and djSiorrov used abso- lutely as in Eur. Ion 670 a^Stw- Tov i]/xcv. Both constructions were in use; d^lorrov elvai /loi TreiroirjKe tov ^iov Aristoph. Plut. 969, KaTUKovd ixkv ovv d^loTos piov Eur. Hipp. 821, d^ioros^iov Tvxa id. 867. TouTo TaOovTi] The parti- ciple of course expresses an 'if:' the assault had not yet been committed. iv TrXetv tj 8iaKocriois ^Tcaiv} ttX^ov 2, TrXeloaiv ceteri. The Attic form irXeiv (before ^) is well known to readers of Aristo- phanes and the Comic Frag- ments, where it has been pro- tected by the metre, but has p. 745.] RATA TIMOKPATOTS. 207 3e Trap' yfilv f)ijTop6<;, co dvSpe^ htKacnai, irpwrov fiev o<TOL fjbPjve's fXLKpov BeovcTi vo/jlo0€T€lv ra avTol<^ av/x- ^epovra, eireLT avrol fxev rov^i tStajxa? et? to Bea-fia)- TTjpLov ar^ovdiVy orav apywaiv, e^' eavroU 3' ovk ol'ovraL Belu Tavro BUaLov rovr elvau' eireira tov<; jxev Tov ^oXcovo^ vo/jLov^i, TOu<i TrdXat, BeBoKijJbao-pbevov;, 745 ol)? ol irpoyovoL eOevro, Xvovatv avrol, rol^ 8' eavrcov, 01)9 tV dSiKLa T7J<; TToXect)? TcOiacri, y^prjaOat, Vjidf; 143 oXovTai Belv. el ovv fjur) rc/JLcoprjaeade rovrov^;, ovk av ^Qdvoi TO 7f\7]6o'i TOVTOi^i Tol<i OrjpLOL^ BovXevov. ev disappeared from prose, as Cobet tells us Var. Led. p. 237, AW. Led. p. 622, except in one pas- sage of a single manuscript. This is Demosth. de F. L. p. 413 § 230 = 255, where S alone has preserved TrXeti' ij fxvplovs. Acting on this hint, Dindorf has ' raised the standard ' (sig- num sustiiUt) of revolt against the MSS. and has corrected many passages in Demosth. of which Cobet gives a list: c. Lept. p. 503 § 152 rXdp t} dira^, c. Mid. p. 570 § 173 TrXelv 7/ tr^vre raXavra, c. Aristocr. p. 657 § 10 TrXeti' rj rpiaKdaia rd- Xaura, p. 669 § 149 TrXetj' ■^ rpia Hfj (scribendum rpC ^ttj Cobet) and seven other passages in the private orations. IIX^oj' {irXeiov, irXeip) and iXarrou (fieiov) are used indeclinably before all cases : we have here an example with the dative, and one with genitive 11. Aphob. p. 841 § 18 TrXetJ' 17 deKa rakavTiov. — diaKo- cioLS ireaiv need not be taken to imply that no more than 200 years had elapsed between Zaleu- cus and Demosthenes: see above. § 142. offot nrves] Jerome Wolf observes that this is like oVat i]ix^paL, usually written oar]- p-ipai. G. H. Schaefer adds oiroaa {oaa L. Dindorf) ^ttj Xen. Eep. Ath. 3 § 4, which Cobet writes also as one word oct^tt], Nov. Led. p. 747. In Horace's quotqvot eunt dies a verb is sup- plied. fxiKpov Uovffi vo/JLodereTv] An- drot. § 68 n. The personal use of 8^0} {want) is not very rare except in the 2nd sing. dels. The expression is equivalent to 'they are passing laws almost every month.' i<f} iavTois 8k... tout eTvail * though against themselves they do not think it right that this same principle should hold,' K. W., ' do not choose the same measure of justice to be applied to themselves,' K. Xvovaiv avTol] ' repeal of their own authority.' §§ 38, 123. § 143. OVK oLv <})ddvoi...8ov- Xevov'] ' it will not be long before they become the slaves of these monsters,' cf. i. Aristog. p. 782 § 40 a)«rr' ovk Slv (f)Oduoi kutu- KOTTTSfxevoi. (p6dv€LP with a ne- gative is used of that which when it takes place will not take place too soon (Madvig, Synt. § 177 Eem. 6). The third person occurs in several pas- sages of the orators : Demosth. c. Macart. p. 1073 § 69 ovk ^<pdr} 208 KATA TIMOKPATOTS. [§§144,145. 8' tare, co dvBpe<; huKaaTal, on, iav jxev (rcf)6Bp' opyl- ^rja-de, tjttov da-eXyavovatv, av Se fjirj, ttoXXoi)? tov^ daeXyel^ evprjaere koX tov<; vfipi^ovra^ u/xa? iirl rfj Tov (j)c\oTifi6La-6aL TTpocpdaei. 144 '^Iva Se KoX irepX eKeivov elirco tov v6/jlov, w avBp6<i BcKaaral, w aKOvco fiiWecv TrapaSely/JiaTi ')(^pr]<T6aL TovTov KoX ^rjaeiv aKoXovdov avrw redetKevat, iv o5 'ivL '* ovhe Sijaeo ^AdrjvaLcov ovBeva, 09 dv iyyv7jTd<i Qeoiro/jLiros T'qv iwiSiKaaiav iroir}- (Td/jL€voi...Kalived€i^aTo, 'he had no sooner made good his claim to the inheritance than he show- ed (by bad husbandry) that he did not think it really his own.' c. Theocrin. p. 1319 § 65 ov yap i(p6T] fxoi a-vfi^dcra -q drvx^a, /cat €vdvs...T0VTU}v TLves.. eTrex^^/"?" cav diacpoprjcraL raivdodev. Isocr. Paneg. § 86 ol 5' ovk ^(pdaaav 'irvd6iJ€Poi...Kal...^Kov rj/juu dfxv- vivvT€s. Evag. § 58 ovk ^(pdaaav dXXTjXoiS 7rX7;o-ia(rai'Tes /cat irepl vXeiovos iroiriaavTo cr^as avrovs. The second person in the phrase oi)/f av (pOduois ' you cannot do it too soon ' and so, equivalent to an imperative, ' do it at once,' is common in the tragedians: Mr Whiston on the present pas- sage refers to Eur. Ale. 662, Heracl. 720, Troad. 456. A prose example is Xen. Mem. ii. 8 § 11 OVK dv (pddvois \iyuv ei re rjad-qaal p.e (piXrpov iiriaTd- /j.euov. The word drjpiov is freely ap- plied by the orators in invec- tives: Demosth. c. Phorm. extr., c. Lacrit. p. 925 § 8. Aeschin. de F. L. § 20, c. Ctes. § 182. Cicero goes a step further in the use of the vocative case: his speech against Piso, in its present defective condition, be- gins with the words ' lamne \i- des, belua, iamne sentis...?' iTTi ry TOV tpiXoTifxeLcrdai irpo- 0a<Tet] 'under the pretence of zeal in your service, ' K., ' of patriotic ambition, ' Benseler more literally. §§ 144 — 151. Anticipation of an objection which he hears Ti- mocrates is about to make — that his law is in accordance with Athenian maxims respecting per- sonal freedom and aversion to arbitrary imprisonment, as shown by an existing law in lohich the words occur ' Nor will I im- prison any Athenian who shall put in three substantial sure- ties, except in cases of treason- able conspiracy, or default on the part of tax-farmers.' The clause is really found in the oath taken by members of the Senate, and its object is to check oppres- sive action by those in authority against untried prisoners, lest they shouldbe at a disadvantage in preparing their defence. It does not refer to those tried and convicted, as may easily be proved by reading the Oath of the Heliasts. [The oath is read.] You don't find here, men of the jury, ' Nor will I put any Athenian in bondage.' § 144. Trapadciyp.aTC xPW^^^t- ...Ttdei.Kevai\ ' to quote for a pre- cedent, and say that he has proposed his own in conformity with it,' K. p. 745.] KATA TIMOKPATOTS. 209 " T/9et9 KaOiaTTJ to avTO T6Xo<; rekovvra^, TrXrjv edv " Tt9 iirl TTpoSoala rrj^; 7r6Xeco<; r) iirl KaTcCKvaei rov " hrjjjLov avviobv d\S, r) riXo'^ rc^ irpiafjuevo^ rj iryyvrj- '* adixevo^ rj eKXeycov jJbrj Kara^dWy,^^ dKovaare fjLOV 145 Kal irepl tovtoV ov yap ipco on, avro^ ^AvBpoTLcov riyev el<; ro SeafMcorrjptov Kol ehet tovtov Keifjuevov rov vojjbov, aXk* e(\> oh fcelrau 6 v6fjL0<^ ovto^^ BtBd^co vfjLd<i. ovTo<; ydp, c5 dvhpe<; hiKaorral, ovk iirl tol^ Ke/cpifjue- voi<i Kal ^ycovL(T/jLevoL<; Keirac, aW" eVt toI<; dKpLT0L<;, <> Ti om. Z. Bekk, Bens, cum SFv. TO avTo tAos T€\0VVTa$1 sc. avT($, of the same class with himself, and therefore paying according to the same valu- ation: a safeguard against put- ting in ' men of straw,' the <paiXou^ dvdpJjiTovs of § 85. This is doubtless said in reference to the classes into which the citizens were divided in the ar- chonship of Nausinicus, when the €i<X(popa was placed upon a new footing, and the avix^LoplaL introduced. For fuller details see references, Androt. § 44 n. I do not think the Scholiast was guilty of the absurdity which Mr Whiston imputes to him, of taking the passage to mean that the collective pro- perty of the three sureties was to be equal to that of the defendant. His words are riov rpiQu iyyvr]- tQv ex^i'TUJv T7}v tcrrju ovalav eKel- vi^ cpjrep iyyvQvTai : his meaning would have been clearer if he had said exofruv iKaarov, but I believe he understood the ex- pression in the same sense in which modern scholars have taken it. (xvviihv d\^] ' is discovered in a conspiracy,' E.W., or perhaps 'arrested,' as in Androt. §53. Cf. above § 105 n. This is better W. D. than the rendering of K. and Benseler, 'convicted of conspi- racy,' 'schuldig befunden.' As Schoemann pointed out, the context clearly shows that the reference is to untried prisoners : and G. H. Schaefer, in objecting to this ' Sed aXQuai, quod sciam, non dicitur aKpiros,^ unquestion- ably narrows too much the usage of the verb. 7} tAos tl TrptdfjLeuos] Once more, as in § 40, we have the three classes of persons con- nected with the farming of taxes and, as such, liable to special penalties. On iKXiyuv see also Androt. § 48 n. § 145. ov yap €pu...v6iJ.ov] *I will say nothing (though I might) of Androtion's taking people to prison and putting them in bonds notwithstanding this law,' K. with whom the German translator agrees, ' in Fesseln legte.' Bather, I should say, 'arrested and imprisoned': ^yev is^aTrrjyev, but I5et need not by any means imply chains or fetters. The facts are related Androt. §§ 54—56. i(p^ oh] masculine, ' to what persons the law applies.' §§ 18, 59, 135. KeKptfievois Kal •^coviafji.ivois^ 14 210 KATA TIMOKPATOTS. [§§ 145-149. Xva ijurj hia to heheaOai '^ecpov dvayKa^oLvro djcovi- ^eaOac rj koI iravrdiraaiv aTrapacTKevoL elev. ovrocrl he, a 67rl rot^ aKplroL^; Kelrai, «? irepl aTravrcov 146 elprjfjieva fieWec 7rp6<; vjJLd<; Xeysiv. w? 8e aa(j)w<; yvdoaeade on dXrjdrj Xiyco, iyco v/jllv ipco. ovre yap dv, w dvSp€<; BiKacrTal, i^rjv vfilv ri/Jbdv o re ')(^pr) ira- Oelv rj dTTOTiaao (ev yap to5 iraOelv Ka\ 6 Sea/juo^i evt' ovK dv ovv i^rjv Beo-fiov TLfxrjaaC), ovO' ocrcov eVSeif /? 746 idTLv rj diraycoyrj, irpoaeyeypaTrro dv iv rot? vopLOi'^ " Tov V IvheiyQkvTa rj dirayQkvTa SrjcrdvTcov ol evSe/ca " iv tS f uXft)," elirep /jltj i^r/v dXXov<; rj rov^; eVl Trpo- hoala rrjf; TroXeco? rj eirl KaraXvcreL tov h-qjiov avviov- Ta^ r] TOV'; ra TeXrj covov/juevov; Kal /jlt) KaTajBdXXov- 147 ra? BrjaaL vvv he Tavd' vyuv TeK^iripia eaTco otl e^ecTTC hr](Tai' TravreXco^ yap rjSrj aKVp dv rjv ra TLfJurjiiara, eireiTa 8', w dvSpe<s BcKaaTal, tovto to 'tried and sentenced.' dycjvi- would be simply unmeaning; ^eadai below is ' proceed to their for in imprisonment the notion trial' as defendants, whereas of a corporal penalty is in- in § 131 it was said of prose- eluded.' The jury is said nfiav, cutors. to fix, assess, or award a pun- fxiWei Trpbs vfias Xiyetv] For ishment ; hence TL/xdadai. of the conjectures as to the line which plaintiff who 'demands' that the defence is going to take, a penalty shall be fixed is one compare Androt. § 8 ttjv diroXo- among the many examples of a ylap -^v TTotrjaeTai, § 42 olfxaL rot- causal middle, like diddnKeLv 5i- vvv avTov ovd' eKeivuv afpi^eadai ddaKeadat, dapet^eiu davei^eadai, tCjv Xoyuv. and so on. § 146. cbs 5^ (Ta(pu>s ypdoaeade] ^vSet^is ecrTiv rj dTrayo^yrjl An- * I will show you how you may drot. § 26 n. convince yourselves of the truth drjixdvTwv'] § 10 n. of my statement.' iv r^ ^vKi^'\ = ev ry irodoKaKKy, oi)T€ yap av] yap must often § 105 n. be construed with reference to § 147. iravTeKws ydp...TCL rt- a suppressed clause. ^For if fiT^juLaTa] ^ioT othei'wise your ipe- the defendant's contention (viz. nal sentences would have been that imprisonment was foreign wholly null and void,' i.e. ei ixt) to the spirit of Attic law) had i^ijv S/Jo-at, the suppressed clause been true, the familiar phrase indicated by ydp. Dobree's "penalty corporal or pecuni- conjecture 5y ( = 'you know') ary " (iradetv rj diroTiaai, § 63 n.) for -^drj is noticed by the Editors, RATA TIMOKPATOT2. 211 p. 746.] rypdjji/ia avTo fiev Ka& avro ovk ean v6fjL0<;, ro " ovBe " B'^crco ^AdTjvatcov ovBeva^^ ev he tw opK(p tS ^ovXeu- Tt/cS yeypaTTTat, Lva /jltj crvvccrTd/ievoi, ol prfrope^; ol ev rfj ^ov\fj Seafiov Kara rcpo^ tcov ttoXctcov Xeyoiev, 148 cLKvpov ovv Tov BTjaat rrjv /BovXtjv iroLwv 6^ ^oXcov Tovro irpo^ rov opKov rbv ^ovXevrcKov 7rpoa-eypa'\]rev, aXX' ov 7r/)09 tov vfierepoV dirdvrwv yap KvpKOTa- Tov Q)eTo Belv elvat to BiKaarripLov, koI o tl yvoLrj, TOVTO ird(T')(eLV tov dXovra. dvayvooaeTai 3' vjjZv av- Tov TOVTOV eve/ca tov toov rfkiaaTcZv^ opKov. Xeye av. ''OPKOS 'HAIASTflN. 149 ^^nfif^iov^iai KttTa tov<; v6fiov<; Kal Ta 'y^rj^lafJuaTa * d om. Z cum S. ® diKatxTiav Z Bekk. Bens, cum S. but no one has introduced it into the text: -qbyj ( = 'at once') may well be used here to ex- press the immediate result, as Mr Whiston has explained it. avvLardfjievoi'] ' combining,' nearly = awLovTwv * conspiring.' Cf. Tibv 7]9d8u3U Kal crvvea-TrjKoTWV pTjTopcou, Androt. § 37 n. — Xiyoiev 'move, propose.' § 148. Trpoaiypaxf/ev] 'inserted the clause.' The middle irpocr- ypa\pdiJ.€vos has the same mean- ing, Androt. § 71. In the dis- tinction between ^ov\€vtlk6v and vp.iT€pov = biKa(XTLKbv or rjXcacTTL- Kov lies the point of the orator's reply to the argument of Timo- crates. §149. "OPKOS 'HATASTfiN] This, the last document inserted in the body of the speech, is not more genuine than those alrea- dy considered : and Westermann devoted three programmes (Leip- zig, 1859) to the exposure of its mistakes. From these Benseler extracts the following notes of forgery: (1) The absence of the clause irepl Cov av uofioi fx-i) cSat, ypufiTj ry St/catoTctTTy Kpiuelv, i.e. according to honour and con- science. That these words were included, is attested by c. Lept. p. 492 § 118, c. Aristocr. p. 652 § 96, Boeot. de Norn. p. 1006 § 40, c. Eubul. p. 1318 § 63. Cf. Pollux jiii. 122 6 5' 8pKos -rjv tQv diKacrrQu irepl wu vbp.01 el<xl, xprj- (pieXadaL Kara rods vdfjLovs, irepl 5k (Lv fxri eicrl, yucjfirj rfj 5iKaio- TdTTj. (2) The insertion of the absurd and unhistorical phrase * not to vote tyranny,' as if ty- ranny could be 'voted' in Athens or in any other Greek state. (3) Incorrect expressions, e.g. 5iai/'?70toi)/xat with wepl avrov and not in the technical sense of 8La\l/ri(f)L(ns, ravri ry rjfx^pg, for rrj avTxi rjixipq. [but perhaps the writer may not have meant this], eirbfivvfxai for €7r6/J.vv/j.t, iioWa Kokd Kal dyadd for TroWa Kayadd [the two last are doubtful read- ings]. (4) The last clause ex- 14—2 212 KATA TIMOKPATOT^. [§§ 149, 150. Tov B'^/jLov Tov ^AOrjvaLcov KoX rrj^ ^ov\rj<i rwv irevTaKOcrmVf /cal rvpavvov ov yjr7](f)iov/jLac etvat. ovK oKi^ap'^iav' ov^ lav ri<; KaraXvy tov Brj- fjbov rov 'Adyvalwv rj Xeyy rj i'jri,'ylr7](j)L^rj irapa Tavrtty ov Trecao/jLaL' ovBe rwv XP^^^ '^^^ IBlcov diro- Kowa^ ovBe 7^9 dvaBaafJLOv rrjf; ^AOTjvaiwv ovS* ol- ovBe TOv<; (jievyoura'^ Kard^o), ovBe Sv Odvaro^ KIOOV, pressed in the infin., eirojxvvvai, iirapaadai: and a mistake in the names of the gods sworn by, Iloo-eiSw when it should have been 'AttoXXw irarpi^ov. Allow- ing for the possible captious- ness of some of these objections, the broad fact remains that these documents, as a series, must stand or fall together; and it is abundantly proved that the orators did not, as a rule, include in their published speeches the laws or other documents which they caused to be read. Perrot, Essai sur le Droit Publique d'Athenes p. 240 n., observes that Schoemann in his Anti- quities, 1855, had anticipated Westermann's conclusion. In his early work Attische Process p. 135 he had accepted the Oath as genuine. Trapa ravTo] This is best taken generally, with Whiston, 'in contravention of this,' i.e. of the principles involved in the previous declaration: not sup- plying TO. \p7](f)iapLaTa from xprj- ^lovfiai (Matthiae), nor yet rrjv TToXireiav as implied in tov drjfiov (G. H. Schaefer, Schoemann, Kennedy). ir€i<xofj.ai] ' consent ' or ' ac- quiesce, ' from ireldeadai : cf. Eu- rip. Heracl. 104 irbrvLa yap ALku TciS' oil TreiaeTai, rightly explain- ed by Paley. That irdax^i-v can- not — eav, it would be hardly necessary to prove if even emi- nent scholars had not gone astray. A passage in Herod, iv. 119 was formerly quoted in illus- tration of this word: rjv ix^vtol itrlri Koi iirl ttju Tjp.eripriv ap^rj re d8iKeu)v, Kal rjfXHS ov ireiaofji.eda, where ireiabfieda, if genuine, must come from Trao-xw. But it is now admitted to be cor- rupt: various conjectures are given in Bahr's and Stein's notes, the most probable being Bekker's 'KepLo\p6p.eda approved by Cobet Var. Led. p. 284. It is odd to find Biihr, after men- tioning several of these correc- tions, defending ireiabfxeda by reference to the present passage of the Timocratea. Wesseling and Valckenaer (1763) already found it intolerable. It is of course the ambiguous form irel- <xofj.ai that is misleading, as well as the analogy of ' patior ' and * suffer;' no one would expect to find ^Trade for dacre, nor has any instance of it been produced. XpetDi' d7roKOTrds...y7]s dvada- <r/i6j'] These two 'notes' of revolutionary times are con- stantly coupled together, e. g. [Demosth.] Or. xvii. § 15. In Andoc. de Myst. § 88 we have Stfcat dvddiKoi 'appeals' along with XP^^v diroKoiral. ov5k Toi/s (peiyovTas;'] The clauses ' not to bring back those in exile or under sentence of p. 747.] KATA TIMOKPATOT2. 213 Kare^yvwarat, ovhe to\)<; fiivovra^ efeXcS Trapa tov<; v6fjLov<; Tou? K€CfjU6vov<; Kal TO. yjrrjcjyio-fjLara tov S^fiov Tov ^Adrjvalcov Kal Tfj<; /SouXrJ? ovt avTd<; iyw ovt 15° ciXKov ovBeva eaacd' ou8* dp^rjv KaraarTjcrco ougt 7A7 apyeiv virevOvvov ovra erepa? dpXV^} '^^^ tc3^ ivvia dp-^ovTcov /cat TOV lepofivrj/juovof; /cat oaac fiera rcov evvia dp-^ovrcov fcuafievovrai, ravrrj rfj i^fjiipa, Kal K^pvKo<; Kal TTpeajSela^; Kal crvveBpcov' ovBe BU rrjv death nor expel those who are here resident' appear in the words of the speech itself, § 153. These were ordinary incidents of the struggles between oli- garchy and democracy in any Greek state, e.g. Megara in the time of Theognis or Corcyra in the early years of the Pelopon- nesian war. § 150. oy5' cipxTJ" KaraaTricrcol .\8 long as the compiler con- tines himself to generalities, ' Nor will I appoint any one to an o£fice who has still to render his accounts for another office,' he is on safe groimd; but we get into difficulties with the names. The Hieromnemon, or principal representative at the Amphictyonic council {Diet. Antiq. s.v.) is mentioned out of his natural order; he would more properly be classed with the /cifpu/ces and aOueSpoL. — Kara- a-Trjaoj is not strictly ' appoint,' as the officers here mentioned were elected by lot (Kva/xeijovTai), but their SoKifiacria was tried be- fore a jury. KvafievovTai] Xen. Mem. i. 2 § 9 of the charges against So- crates ; \4y(du ws (Jiwpbv etrj Toi)S fxkv TTJs TToXews dpxovras aTrb Kvd- fjLOV KadLa-rdi/ac, Kv^epv-qTy 5^ fxrj- The verb appears to occur only here : the Kijafios or lot is to be distinguished from the ballot TatjTTj Ty -qp-^pq-l With such a writer the question between ravrr, ry tjh. and ry avT^ rjii. is not historically important. He may have thought that all these offices were filled up by lot *on the same day:' or that the He- liast first entered upon his du- ties on the day of the election of magistrates, and so swore to scrutinise faithfully all who should be elected * on this day.' The Heliast took the oath once for all at the beginning of his year of office (above §§ 21, 58). The case of Evander on his doKLfiaa-ia for the archonship (§ 138 n.) was heard on the last day but one of the outgoing year; it is not likely, there- fore, that it was tried before Heliasts who had just been sworn in. Kal KTipvKos Kal irpea^elat /cat cvvibpuv] These words as they stand do not seem to be capable of any rational explanation. To take Trpe(X^ela^ = irpe<T^evTod or irp^c^ewv between two con- crete nouns involves great harsh- ness ; and there would still re- main the absurdity of supposing that ambassadors were chosen by lot among the annual magis- 214 KATA TIM0KPAT0T2. [§§150-152 avTrjv cip')(rjv rov avrov avBpa, ovBe Bvo a,pX^^ ap^au Tov avTov iv TO) avTQ) ivLavT(p' ovBe Boopa Be^ofiai rrjf; rfKiaaea)^; eveKa ovr avTO^; iydo ovr aXko<i ifJLol OVT dXkTj elBoTO^; e/juov, ovre ri'^vy ovre pLrj'X^avj} 151 ovBe/jLLa. Kol ryeyova ov/c ekarrov tj rpiaKOVT err). Kol aKpodaofJuai tov re* KarTjyopov koI tov diroXoyov- fievov opboicd^ d/ji^olv, kol Bia-^rjc^iovfjiaL Trepl avTov *■ re om. Z Bekk. Bens, cum S. trates, and before it was known what embassies would be want- ed. We know that, in fact, they were chosen by vote of the Ec- clesia as occasion demanded, and (the Athenians not being devoid of common sense) for their personal qualifications. To get over this difficulty, Reiske proposes to translate the words ' heralds {'praecones) whether of embassies or of synedri :' mak- ing the words refer to two dis- tinct classes of KrjpvKes. This sense would be badly expressed, and not much more satisfac- tory; it is safer to conclude that the writer did not know his own meaning. The KTjpvKes were of various kinds (1) mere ' criers ' in the market, a poor and despised class working hard for small gains: Demosth. c. Leochar. p. 1081 § 4 diareXe'i yap ev UeipaLei KripvTTiav TovTo 5' ^(XTtv ov fxdvov diropias dvdpuTrivrjs TCKfiripiov, dWd Kal dcrxo^'cts tv^ fTri rb Trpay/jLare^ieadar dvdyKfj ydp rifxe- peveiv iv ry dyopq. tov tolovtov. (2) vTnjphat. or underlings of the magistrates, Krjpv^ dpxovros Corp. Inscript. No. 181, 182; KTJpv^ ^ovXrjs TVS i^ 'Apet'oi/ irdyov, ibid. No. 180, 181 ; and others. (3) Of a higher rank were the KTjpv^ T'^s ^ovXrjs Kal tov drjfJLOv, and the lepoKypv^ of the Eleu- sinian mysteries. avvidpiov] § 127 n. oUt dXKos i/xol ovt' dWrj] ' nor shall any other man or woman accept a bribe on my account with my knowledge.' K. In good Greek this would be v-rr^p ifioO: there is a well-known poetical use of the dative after 8ix^a6ai in the sense 'at the hands of,' and so = * from.' § 151. TpidKovT iTTJl The Athenian citizen, coming of age at 18, served in the home army for two years as a TrepivoXos, and enjoyed the franchise in the Ecclesia at 20. Ten years more were to elapse before he became eligible as a dicast. Kal aKpodao/xat] The jurors are reminded of this clause of the oath in the opening words of Aeschin. deF. L. and Demosth. de Cor. dia\l/r](l)iovfJi.at...7) dlw^is fi] 'I will decide strictly on the ques- tion of the suit:' on that exact question {wepl airov) and no other. The simple verb ipr}- (pLovjuLai, is required: cf. Diet. Antiq. 8. v. ' Diapsephisis.' iTToixvivail This correction of Bekker's avoids the improper use of the middle voice (§ 149 n.), and brings the construction into conformity with iirapdadai. p. 747.] KATA TIMOKPATOTS. 215 ov av Y] Slco^l^ y^. iTTOfjuvvvao^ Ala, I1o(7€lBco\ Atj- firjTpa, Koi iirapao-dai, i^coXeiav iavr^ koI oIklcl rf/ eavTov, 60 re rovrcov TrapajSaovoi, evopKovvri he iroXKa KdyaOa}- elvac] 'Ej'Ttti)^' ovK evi, (a avBpe^; ScKao-ral, "ouSe B^a-co "^A67jva[(ov ovBeva''^ to, yap /cpivovra ra? Kplcret^ aTTao-a^ ra BiKaar^pcd icTTtVy ol? e^ovaia icrrl koi Becr/jLou KoX dXko o tl av^ ^ovXcovrac KarayLyvoo- (TKetV. 152 'II9 fiev ovv e^ecTTLV vpTiv Beajjuov KarayiyvwcrKeLVy ravrrj^ iiriBeL/cvu/jii,' w? Be^ rd BeBLKaafieva aKvpa ^ V v Sita^is Z Bekk. Illud S. ^ evo/Avv/iaL Z Bekk. Bens. cum libris. * Hoaeidoiva Z Bens, cum S. ^ koXcl kuI ayadh Bens, cum S. ^ aW n au Z, 6XK0 ri av Bens, cum 2. ™ Tavr' Z Bekk. Bens, cum libris praeter F. » ws 5^ /cai Z Bens. cM»i 2FvB. But it is clear that these in- finitives could have formed no part of the oath itself: they belong to the law which imposed it. Ata, UoaeiSu}, Ai^fjLrjTpa] ' Quod tradit Pollux paullulum ab hoc loco differt : oi/xuvov 5' iu ' Ap^t]tti^ ^XirbWoj iraTp(^ov koX Ai^/xrjTpa Kal Aia ^aaCkia. In Bekk. Anecd. p. 443, 31 jusjurandum Heliastarum "HXioj' habet loco Neptuni.' H. Schelling de So- lonis legibus p. 35 quoted by Dindorf. TToWa KOL-yada] The reading of S, TToWd KoKa Kal ayada (see various readings) introduces one of the phrases to which Ben- seler himself objects (§ 149 n.). Yet he goes out of his way to adopt it, alone among editors. ra yap KpLvovra] ' It is the courts that decide all questions that are brought to trial.' §§ 152 — 154. Any under- mining of the powers of the courts will not merely lead to a perversion of justice, but be highly dangerous politically. If what has been decreed by verdict may be rescinded by a new law, where is the thing to end ? Any other bulwark of the constitution may be subverted by a like pro- cess. In the oligarchical revo- lutions of former times, the first step was to deprive the dicas- teries of their power and abolish the indictments for illegal mea- sures. Circumstances may have altered: the constitution may be on a firmer footing : but the only safe thing to do is to crush all such attempts in the bud. § 152. ravry eTTLdeiKW/xL] See the various readings. We may say here that ravr?/ is what De- mosthenes either wrote or ought to have written: but the evi- dence is all in favour of the less attractive reading ravr. Din- dorf shows, as usual, 'the courage of his opinions.' 216 KATA TIMOKPATOTS. [§§ 152-154. TTOielv Kol Betvov fcal dvocrcov ean koX Stj/jlou Kard- Xv(Tt<;, 7rdvTa<i dv olyiai 6fio\o^rjaai. t) fydp itoXl'^ r/fjb(Sv, do dvBpe^; SLKaarai, v6fjL0C<; koX 'yjrrjcbicrfjLacrt BcoL/celrac. el B^ Tt9 rd '>^r}<^(p KeKpifieva vo/jlw Kaivay Xvaei, TL Trepan; earat,; t) ttoo^; tovtov Blfcacov iaro lOfiov TTpoaayopevetv, dX)C ovk dvofxiav ; rj ttcS? ov TTji; fjLeyiaTTjf; 6pyr]<; 6 TOiovro<; vofio6eT7j<i d^L6<; icmVy 153 e'^w /J'€V yap tSv ia'^drcov vofil^co, ovy^ on tovtov fiovov Tov vo/jLov eOrjKev, d\X otl koI tol^ dXXoc<; 748 oSov BeiKWCTi KOI irepl ScKacTTrjpLwv KaTa\v(T6co<; /cat irepl TQiv ^evyovToav KadoSov /cal irepl tcov dWcov T(Sv BecvoTdTcov. tI yap KcoXvec, co dvBp6<; BiKaaTal, €0 0VT09 'xaipwv diraXXd^BL 6 tolovtov vofiov TtOel^^, rd dediKaa-fi^ua dnvpa iroLetv'] That the setting aside of ju- dicial decisions would introduce uncertainty into all the rela- tions of life was argued in §§ 72 — 78. He now approaches the question from the political side, not Avithout some repe- titions of previous arguments. vS/xoLS Kai \p7}(f>L(Tiia<7L\ The distinction is explained in Diet. Antiq. s. v. ' Nomothetes.' ' The mere resolution of the people in assembly was a ^pritpLo-fia, and only remained in force a year, like a decree of the Senate. Nothing was a law that did not pass the ordeal of the vofiodiraL. ' dvofiLav] 'a breach of law' as E. W. and Benseler, rather than the abstract ' lawlessness. ' § 153. Tuv ecrxarajj/] This reading of 2 is undoubtedly right: rd ^crxara is a regular phrase for capital punishment, e.g. Lys. c. Andoc. § 13 rd ^o-Xara irelaerat, c. Agorat. § 60 rd icrxo-ra Tradelv. The Attics say ecrxdrri TL/nupia, as § 119, but /jLeyiaTT} dpyrj, not eaxo-TTj. ovx OTL TOVTOV pLOvov] i.e. oi) IXOVOV OTL TOVTOV, cf. OVX OITWS § 113 n. dLKadTrjplwv KaToKvaews] A rare phrase for rd 5LKa<XTTjpia (or 8eSLKaff/j.4va) aKvpa iroLetv. We scarcely find KaTaXvais in the orators except with dr]fJ.ov: an exception, however, is c. Polycl. p. 1209 § 11 rpLTjpovs ydp ofJioXo- yeiTUL KaToXvcTLS elvac, the 'ruin' of it. Xa^pwf ciTraXXa^ei] For the intransitive sense 'come off, get off' comp.de Cor. p. 216 § 65 X^^pov rjfiuiv d7rr)Wdxcicn.v. Ae- schin. de F. L. § 38 ATjfxoad^vrjv TOV ovToj KaTayekdcTTOJS dirak- Xd^avra, c. Ctes. § 158 oCre ttSXls ydp oUt^ IdLOorrjs dvTjp ov8ds TTibiroTe Ka\<2s dirrjWa^e Arj/xo- cdiveL <yv/J.^ov\(x} xPV^^dfxevos. TLOels] The present participle marks the stage which the law of Timocrates had reached (not being yet out of danger) better than dels, and has been rightly received: cf. § 131 ol ttjs ^evias d\L<xK6ixevoL. p. 748.] KATA TIMOKPATOT^. 217 erepov (ftavTjvai aXko tl toov Trj<; TroXeo)? Icr^vpora- T(ov KaraXvovTa vofiw Kaiv^ ; i^yw /uuev yap olfiai 154 ovhev. aKovo) S' eycoye Koi to irporepov ovrco Kara- XvOrjvai. rrjv Br)p,oKparLav, irapavojjbcov irpwrov ypa- (j^Qju KaraXvdeiawv koI toov BiKaaTrjpLcov aKvpcov yevofjuevwv. taai<; fxev ovv av tl^ viroXajBoi otl ovy^ 6pbOL(ov ovTcov TCDV irpayfiaTWV vvv fcal t6t€ Xeyco irepl KaTa\vo-€co<i tov Sypuov. dW' ovSe aiTeppa Bel § 154. cLKovco 5' ^ywye] The orator is doubtless thinking of his favourite historian's account of the Eevolution of 411, when to abohsh the ypacprj irapavbixuiv was the first step of the avy- ypacpels or oligarchical legisla- tors. Thucyd. viii. 67 eariveyKav ol ^vyypa(pT]s aXXo [ikp ovbkv, avrb 8k TovTo, ^^e^vai jxkv 'AOrjvaiwi' aveLiretu yvuj/xrjv yjv av tli ^ov- Xrjrat' tjv 84 tis tov dwbvTa rj ypd\j/T]Tai Trapav6fMu>v rj dXXcp Tip TpoTTtp /3\d^?7, fieydXas ^p-ioL% iir^deaav. Compare Grote's re- marks, ch. 62 (v. 384). Kai tQv 8LKa(TTr}plu}v...yevop.i- viav'] Kal does not denote a sepa- rate step in the process. The abolition of the ypatpT] irapavS- jiicav was in itself the removal of the check upon constitutional changes exercised by the courts. ovx 6/jLoi(i}v...vvv Kal TdTe] At the date of this speech Athens had now enjoyed fifty years of democratic government (b.c. 403—353) undisturbed by re- actionist conspiracies: and her constitutional freedom lasted as long as her political independ- ence. Among the causes of this happy result we shall not be wrong in reckoning the wise humanity of the restored demo- cracy towards the men of the Second Oligarchy, as compared not merely with the habitual cruelty of Greek factions but with the conduct of the same party a few years before. Un- like the counter-revolution of 411, when Antiphon and the other leading oligarchs were put to death, the archonship of Eu- cleides had left behind it no bitter memories. But further, this softening of manners was itself the effect of a common calamity: the loss of empire had sobered all classes. The policy which had exterminated Melos (416) and had nearly ex- terminated Mytilene (427) had been tried and had failed: the terrible sufferings of the siege and the dark times of the Thirty had left behind them a craving for repose. The spirit of the new time is well expressed in the speech of Thrasybulus at the end of the second Hellenic (11. 4 §§ 40—43) : and even the unpatriotic Xenophon cannot refuse his tribute of admiration {Kal dfJidcravTes opKovs r, firjv firj IxviqcnKaK-qveiv, '^tl Kal vvv ofiou T€ TToXLTeOoVTai. Kal TOtS OpKOli €fifi4v€L 6 d-^/uLos). When, after ten years (Cnidus 394), Athens had recovered from her ex- haustion and once more held up her head, the lessons of adver- sity were not forgotten, though all else was : an ' amnesty ' in the best sense of the word. 218 RATA TIMOKPATOTX. [§§ 154-157. Kara^aXkeiv ev rfj TroXec ovBeva, do dvhpe^ BtKaaTal, TOiovTcov TTpay/jLaTcoVy ovB' el fiy ttco av iK(f>voi^ aWa Kol^ TQv iyx^tpovvTa Xiyeiv rj iroielv rt tolovtov Blktjv SLBovai. 155 '^Oti Toivvv Kol ri'^vrj Kaicw^ evex^lpV^^ iroLelv v/jLa<i, a^LOv icTTLV d/covcrat. 6pdoi> yap eKCLcrTore ttclv- Ta<i, Kol Tov<; irdXirevopbevov^ fcal Tov<i IBidoraf;, roi/^ ° /cat om. Z Bekk. Bens, cum S. el tirj TTCO av eK<pvot.] When av follows el there is usually a re- ference to a further condition, either expressed, as in Demosth. de F. L. p. 395 § 172 = 190 where el errp^a^evcr dp refers to el /XT) 5ia rb toutovs ^ovXeadat ffcoaac (if I would have gone on the embassy but for my wish &c.), or implied, as in Plat. Prot. 329 B ey(h etwep a.\\(p t<^ di'dpuoiruu TreLdoifxrjv dv (sup- posing him to say so) koX aol ireidofjLai. In the present case the further condition does not mean more than ' if perhaps,' 'if it should happen so:' 'no man ought ever to sow the seed of such things in the common- wealth, even if it should so happen that it has not sprung up as yet.' Cf. Jelf, Synt. § 860. §§155—159. I will prove to you that he carried this law with no honest intent. He took ad- vantage of your regard for ' law ' as such, to bring foncard and pass that which in reality is no law (§ 156). Had he allowed you to see this in its true light, no magistrate could have put it to the vote. But lie proposed it, relying on the support of the other orators. You will see them come forward as one man, not that they care for Timocrates, but because they think it for their own interest as a body (§ 157). He has talked of it himself, avowing his motives in the most cynically impudent manner: Androtion, he said, had got up at his leisure such argu- ments on every point, that no harm could come to him (Timo- crates) from this impeachment (§ 158), I am astonished at the impudence of them both: and so will you be, when you have heard lohat I am going to tell you about the way these tioo men have gone on together. You are not likely to have heard it before, unless you were present at the former trial, when Euc- temon prosecuted Androtion. § 155. T^x^v] ' of malice afore- thought,' opp. to dTrXcGs § 157 : ' by craft ' K. : ' auf eiue rafl&- nirte Art' Benseler: but I do not think either of these quite exact. — Ktt/fws of course goes with TTOLetv. — d^ibv eariv aKoOaai, 'it is right that you should hear, ' ' well that you should be informed.' Toi>s iroXiTevofji^vovs] The dis- tinction between TroXiTeveiv and TToXiTevecrdai is hardly brought out with sufficient clearness in L. and S. Tro\LT€veLV = Trd\iTrjs elvai, to live under a govern- ment : TroXiTeveadai = woXcTiKbs ehai, to be a public man, take part in the government. p. 749.] KATA TIMOKPATOTlE. 219 v6fjiOV<;, TQ)V T7J<; TToXeco? dyadwv alriov^ viroXa/ji^a- vovTa<;, ea-Koirec ttcS? Xrjaei tovtov^ KaraXvaa^, Kav dpa Xrj^Ofi TOVTO ttoicov, fjurj Bo^ec Betvov iJbrjK dvacoe<; 156 fiTjSev elpydaOai. evpev ovv rovro o ireiroLrjKey vo- /jbo) Toi)? vojJbov^ KaraXvaai, Xva rdBoKTjfiar avrov to Trj<; G-cor7]pLa<i 6vo/jl exjj' ot re yap aoo^ovT6<; ttjv iroXiv elal vofiot, ov re ovto<; eOrjKev ovBev iKelvoc^ Tcov avTwv €')(pvTaj v6fM0<;. rrjv fiev ovv rod ovo/JLaro^ (fnXavdpcoTTLaVy ort ravrnjv Bt]^ /jLaXto-ra irpocTLeade, KarelBe' ttjv Be '^pelav, ore rdvavrLa exovaa (i)avrj- 749 157 aerai, irapelBe. <f>ep€ yap 7rpd<; Ato9, €(ttlv octtl^ av T] irpoeBpof; ttot eTreyfr'^cpLa-ev rj irpvTavL^ tovtcov tl p av Z Bekk. Bens, cum libris. icKbirei, irCos XTjcei] In this construction otrm is far more common : but there is no variety of reading. — Kav apa 'and if after all.' § 156. IVa TddiKrifxar' airrov] ' that his misdeeds may have the name of salutary measures,' K. very neatly. ^Xoi'T-a] attracted to the case of 6v, though really belonging to another clause: this which he passed, and which has no- thing in common with them, is (also) a ' law. ' T'^v fji^v ovv . . .TrapelSel 'The kindly sound of the name "law " he clearly saw that you tho- roughly like: that in actual practice it will be shown to have very different qualities, he disregarded.' ravTrjv 5?) fiaXicrra Trpocr^ecr^e] The better MSS. read d;/...7rpocr- Uade: but there is no place here for the imperf. ind. with av, ' you would hke it ' if things were otherwise : it is a fact that you do like it. The reading of the inferior MSS. av...irpo(xd- ade, followed by Dobree and others (including Shilleto on F. L. p. 363 § 80, Madvig Advers. Crit. i. 461), is less ob- jectionable but still not satis- factory. The change of AN into AH (Androt. § 70 n.) is so slight that it is best to accept Din- dorf's conjecture and take -n-poa- ieade as a present. UpoaUcrdaL with accus. takes for its sub- ject either the thing which pleases a person or the person who is pleased with a thing: cf. Aristoph. Eq. 359 ^v 8' ov irpocrieTai fie with Vesp. 742 TovT^ ou dvvaTai fie irpocr^cdaL and Eurip. El. 622 irpoa7]Kd/j.7]u t6 prjdev. For the sense of XP^ '«» ' working ' or ' practice ' as opp. to theory or previous calculation, cf. c. Aristocr. p. 668 § 148 at dvayKa?ai XP^'"' '^o'^^ ^o^ ^^ -rrpaK- Tiov rj /J.T] Xo7tcr/xoi)s dvaipoOfftv diravras. § 157. 7] irpSedpos ttot* €ire\pri- (piaev rj TrpvTavLsl The eirixjj-fj- (picris of the irpdedpoi or irpvrdveLi 220 RATA TIMOKPATOTS. [§§157-159. TcSi/ iv Tft) vofjLO) yeypafjbfievcov ; iyoo fiev ovBiv* av olfiaL TTft)? ovv Tov6* virehv \ vcjiov edero ovofia T0fc9 avTov Ka/covpyrj/iiaa-iv. ov yap aTrXw?, ovB' otto)? erv^op, TTOLovao KaKco<; v/jua<;, aXX* e'cr/ceyLt/^eycw? koI TovT avTO irpcLTTovre^, ov^ ovtol /jlovov, aXXa ttoWoI T(DV 7ro\cT6vo/jLev(ov, OL TOVTO) 7rapL6vr6<; avTLKa Srj fjbaXa (JvvaTToXoyTqaovTai, ov fia AC ov Tifioxparei, 'Xjo^piaaadai fiovXo/jbevoi, nroOev ; oTOC avTM av/JLCJii- peiv 6/caaro<; i^yovfievo^ top vofiou. axTTrep roivvv ovTOO a^LCTLV avTol^ por]dovcrLV ij> vfjud^;, ovrw Set koX 158 i^yU/fl? vfuv avTOi<; ^orjdetv. Kairoi dvepcorwvro^; tlvo^ avTov oTov ev6Ka rouavr rjOeKrjae ypd^etv, /cat Bl- e^LOVTo^ ce)9 'X^aXe'TTOP TOP dyOipa vTToXaixpdpoi ropBey T€TV(f> 00 a 6 ai^ TOP ravra XeyovT e^rj' avfjuirapecreo-Oac yap \\.pBpoTLQ)Pa eavTw, kol tolovtov; \6yov<; cr^o- Xrjp dyopTa i<TKe(^9aL irepl ttolptcop coctt ev elBepac ^ T€TV(pX(oG6aL Z cum ST. was in the assembly, when the forward and assist T. in his law first came on as a ^pT^^ia/xa defence:' avTiKa 5t] fidXa, An- (§ 152 71.) : for it to become a drot. § 65 n. : above, § 32. vofjLos, it must pass a jury of irodeu ;] ' why should they ?' vofMod^Tai with a decrfiodiT-q^ parenthetical, — ' that is not very presiding, §§ 27 n. , 33 n. likely ' K. TTws ovif Tovd^ viredv;'] 'how §158. die^iovTos — rofSe] 'tell- then did he slip through it?' ing him at length what a se- ' Wie wusste er nun hier durch- rious contest this was that he zuschliipfen?' Benseler. had engaged in.' bu^Uvai im- oTTws '^Tvxov] 'accidentally:' plies some fulness of detail. ^Tvxov with the personal sub- reru^coo-^ai] 'The speaker, ject 01 prjTopes is better than the he said, was mad. ' K. We vaguer ^rvxe^ The phrase is find /xaivofiai Kal TeriKpui/xat join- often a euphemism for what is ed de F. L. p. 409 § 219 — 241, bad: cf. Shilleto on F, L. p. where Shilleto quotes Harpo- 428 § 272 = 309. cration : TervcpuaaL- dvrl tov e/x- €(XK€/j.fji4vu)s Kal TovT^ u^xb ^e^povrriixaL, l^w tQv <f)pev(2v yi- irpd-TTovTes] ' deliberately, and 70m, and the latter refers to de making it their business.' ea-Keix- Cor. p. 229 § 11 ovx ovtw rerv- fi^uus, of malice aforethought, <f)Ct}/xai.. = T^X^rj § 155. (TxoXrjv ayovra] Benseler sug- TovTO) irapi6uT€s...a-vvaTr6\oy^- gestively translates 'in seiner covrai] 'will immediately come Studirstube,' ' in his study.' p. 750.] KATA TIMOKPATOTS. 221 OTL ovBev avr(£ yev^aocro (pXavpov aTTo r^? ypa(l)rj<; 159 rrjcrSe. koX hrjra Kal redavfjia/ca rrjv dvaccr^vvTLav rrjv TOVTov re^ KaKeLvov, rod fjuev, el KaXel, rod B\ el irdpeLo-L KoX crvvairdKoyr^aeTaL. fiaprvpla yap Br/wov (jyavepd yevriaeTaL irdaiv vpXv on top popbov tovtov €peK irlOeLy dX)C ovk eirX irdcn top avTOP. opLco<; Be Kot irepl Twp eKeiPcp TreTToXirevfjiepcop v/i-a? /jLCKpd ^ekTLOP eaTLP dKovaac, koX tovtcop TavTa, wp KeKOi- P(6p7}KeP OVTO<i Kot Be d TOVTOP OvBeP tJtTOP eK€LPOV BLKalco^ dp fJLLo-OLTe. \e^(o S' ovBep wp dKrjKoaB' 75^ vpLel<i, el p^rj TLpe^ dpa iirl T0t<; EvKTypuopi, jiypop,epoL<; dywac iraprjaap. ' re ovi. Z Bens, cum SFv. (f>\avpov] In the orators usu- ally with \iyeLv or elirelv, a sense illustrated on Androt. § 12 : but sometimes of harm, bad news, or misfortune. Mid. p. 579 § 203 av M TL (pXavpov [aTrayyeXdy TT7 7r6Xei), opp. to Ti tQv diovTwv. Aristocr. p. 651 § 92 ?/ 76 7r6Xts (piKavpov ovdeu ireLaeTaL Kara to \J/ri(f>i.<rfxa tovto. § 159. TOVTOV re KaKeLvov} TOVTOV, the immediate defend- ant Timocrates: eKelvov, An- drotion : but below tovtov 'iveKa is A. — Kokei is of course future, as shown by irdpeiaL kuI (xvva- iroKoy-qaeTai. iirl TTciai top avTbv] § 18 n. Kal TovTwv TavTu] ' and those of them in particular,' i.e. of Androtion's public acts, twu iKeiu({} ireiro\iTevixiv(j3v. Toh 'EvKTTj/j.ovt yiyi/ofi^uois d- yuai] The plural, as two trials are referred to: (1) the ypa<p-^ irapavofxojv against Euctemon by Androtion and his friends (above § 14, ypd(povTaL to xJ^ricpKTfJLa) : (2) the trial of Androtion, in which Euctemon was plaintiff, and Diodorus the speaker of the Androtionea folio wed on the same side (Androt. init.).-7t7j'o- fiivocs imperf. part. §§ 160 — 186. An exposure of the whole political career of Androtion, as Timocrates' chief friend and partner in guilt: mostly repeated from Androt. § 47 to the end, but with occa- sional verbal changes to suit the altered circumstances of the case. In the Timocratea, §§ 160—168 follow closely Androt. §§ 47 — 56 down to the words e^s TO 8e<T/Jt,(i}T7jpi.ov 'iXKecdai : §§ 167—171 are a shorter sub- stitution for Androt. §§ 57—64 beginning with the story of Sinope and Phanostrata at the end of § 56: Timocr. §§ 172 — 186 are again reproduced, with the exception of a few sentences, from Androt. §§ 65 — 78. On the question of these repetitions as affecting the in- tegrity of the speech, see In- trod. The differences in the- 222 KATA TIMOKPATOTS. [§§ 160-162. 1 60 Kat TTpwTov fjb€V, i<j> (p jjie^KTTov <f)povel, rrjv rSv y^prjixdrayv eicTTrpa^iv i^erdacojiev avrov, yv iierd TovTov Tov ')(^p7]aT0v 7rdvTa<i elaeiTpa^ev vfid^;. al~ Tiaad/jL6i>o<; <ydp ^vKnjfiova ra? vp,€Tepa<; e^eiv eia- ^opd<;, KoX TOVT i^eXiy^eLv rj irap iavrov Kara- d^aecv v7roa')(^6fi6vo<;, KaTa\vaa<; '^rjc^iafiaTL /cXTjpro- T7JV dp')(rjv eirl rrj Trpo^dcrei ravrrj eVl t'^v elairpa^LV TTapeBv, Kol TOVTOV TTpovjSdXeTO, elirwv ttjv tov cro)- 161 fiaTO^i dppaxJTiav, Xv\ ecj^r), (TwhiOLKfj fioc. Br]/j,7)yo- parallel passages are pointed out as they occur : but the explana- tory notes are not repeated from the former speech. §§ 160—169. Androtion as a collector of taxes : his treatment of Euctemon, whom he falsely accused of retaining balances due to you, got you to depose him from the office of eKXoyeiis to ichich he had been chosen by lot, and crept into his place (160). He abused the poivers that he had obtained from you for call- ing in arrears of taxes (161) .- so that the example of his con- duct did harm out of all propor- tion to the gains of the treasury (162). Such conduct recalls the days of the Thirty, the worst in Athenian history (163, 164): or rather Androtion surpassed them in brutality (165), and treated free citizens worse than slaves (166, 167). Yet his oion father had been a defaulter to the state, and had escaped from the prison to which the son consigned inno- cent persons (168). Timocrates, his associate in these exactions, would not have taken bail from his victims for a single day : he imprisoned them toithout trial. Yet now he is for bailing out men who have been tried and sentenced. § 160. 171' fiera rovrov rod XP'70'ToG...i'/ias] Inserted here in order to connect Timocrates more closely with the acts of Androtion. In the parallel pas- sage Androt. § 47 we have /xr; 7-77 TO&rov Trpoo-^xoires aXa^oueig. rbv VQvv, aXKa t6 irpayfia, oiov y^yove rrj aXrjdeiq., (XKOirovvTes. alTiacrdfxevos yap 'Evktt^/j.ovo] il Androt. § 48 ovros EvKxrifiova (pTjcras, Kal TOVTOV Tpoii^dXero . . . (tw- dtoiKrj fjLoc] Again iDringing into relief the complicity of the pre- sent defendant: in || Androt. the sentence ends with irapidv. — irpoujSdXeTo is here simply 'proposed,' ' put forward,' as in Boeot. de Dot. p. 1021 § 44 6v ovTos TTpov^akeTo dLaLTTjTTjv. With the genitive the verb expresses the notion of an excuse, shelter, or disguise, as in Mid. p. 560 § 139 TOVTOV Trpoj3^^\T}Tac IIoXi;- evKTOi. (But in Mid. p. 579 § 200 MetSi'as ' Avay vpacrios vpo- pi^XrjTaL it is passive, ' becomes a candidate.') Comp. irpo^X-qixa, I Steph. p. 1122 § 69, with Mr Sandys' note. eliruiv TTjv TOV (TcofiaTos dppw- (TTlav] *on the plea of ill- health.' § 161. dyjfiTjyopiav] In || An- drot. all MSS. have 8T]/x7)yopias, p. 751.] KATA TIMOKPATOTS. 223 plav S' eVt TOVTOL<i iroLO'Vfievo^, f»9 eaTt rpcoov aipe- o-L^;^, T) Toi TTO^iirela KaraKOTrreiv rj iraXtv el(T(\>epeiv rj Tov^ ocpelXovra^ elo-TTpdrrecv, alpovfievcav €Ik6tco<; ' vfjboov Toi)^ 6<p6lXovTa<i elcTTrpdrreLV, to.?? virodykaeG-i Kark'^cov Kol hid rov Kaupov 09 rjv tot e-)(G)v i^ov- G-lav, T0t9 fjiev KeLfJievoLf; v6fJboc<; irepl tovtcov ov/c weTO helv ')(pi](T6ai, ov8\ el pbrj tovtov<; ivofjUL^ev iKavov^, eTepov^ Ttdevac, ylrrjcj^Lo-fjuaTa S' elirev iv vfilv Becvd fcal Trapdvofia, Bi^ wv tjpyoXd^ei,, Trpoaaycoyel tovto) 162 %/0ftJAt€Z/O9 TftJz^ Xrj/jLfjbdTcov. fcal TToWd tcov v fieri pcov KeKKo(p6 /jb€Td TOVTOV^, <ypdyjra<; tov<; evheKa kol tov<; (iTroheKTa<; koX tov^ v7r7}p€Ta<; aKoXovOelv fxeO' avTov. elr' e')(^o)v tovtov<; rjyev iirl t<29 v/xerepa^ OLKia^;, koX (TV, a> Tc/jb6KpaT6<;, avv7]KoXovd€L<;, fi6vo<; tu)v crvvap- ' 'x^ovTcov SeKa ovtcov. koI fjLr)Bel<; viroXa/jL^aveTco piey^l ' add. vfuv Bekk. cum Uhris praeter SksA^. * TOVTO Z cum 2. and perhaps it should not have rally introduce little 'tags' (two been altered here on the sole of which have been noticed in authority of S. Cobet, indeed, the last section) in order to thinks otherwise, and reads 8r)- show the relevancy of his inser- fjirjyoplav in both places. But tions to the case of Timocrates more than one speech may well now before the court, have been required to carry all § 162. koX iroWa twv vfieri- the points here mentioned. pwv] Condensed in || Androt. IT poaay coy ei to6t(p xpoi/^tej/os § 49, where the sentence runs tQv 'Krjfi/j.a.Twv} 'making use of 5t' cou rjpyoXd^ei /cat iroWd twv the defendant as a provider of vfieT^pwu KiK\o<p€, tous 'evbeKa his gains,' 'jackal' L. and S. ypdrf/a^ cLKoXovdeTu fxeO'' iavrov' This clause is not in || Androt. ; eZr' ^x^'^ tovtovs -qyev eirl tos and the rare word irpoaaywyeiis tQv itoXitujv oiKias. seems post-classical, or at least ctTroS^/cras] 'receivers,' intro- un-Attic (7roTa7a)7t5es in Sici- duced by Cleisthenes in the lian Doric is cited from Arist. place of the ancient /cwXa/cp^rat Pol. VII. § 7). As Mr Whiston or KuXayp^Tai. Below, § 197. points out, its use here might Aeschin. Ctes. § 25. Dict.Antiq. be alleged in support of Bense- s.v. 'Apodectae.' ler's view, that §§ 110 — 186, in- koX ai), u> Tt/Ao /spares... 5^/ca 6v- cluding the repetitions from the twv] Substituted for a passage Androtionea, are interpolated. in || Androt. § 50, koI top fih The interpolator would natu- BvKTrifjiom..,dLd ttju vfieripau. 224 KATA TIMOKPATOTS. [§§ 162-167. \eyecv oJ? ov XP^^ elairpaTTetv tov<; o^eCkovTa^. XPV^ 7a/o. dWd ttcS? ; tw? 6 vofxo^ dyopevei, rcov aWojv evefca' rovro yap iart hrjfioriKOV. ov yap ToaovTov, CO apSpe^ ^ KOrjvaloL, irevre raXavTcov vfjblv, (OV ovTOL TOT eLaeTTpa^aVy TedevTcov cocfyeXrjaOe, oaov ^e/SXacpde tolovtcov eOwv eh ttjv TroXcTelav elaayo- 163 fievcov. el yap eOeXouT'' e^eTaaaL tlvo^ eveKa fjuaXKov dv Ti9 eXoLTo ev hrjfioKpaTLa ^rjv rj eV 6Xiyap')(^La, TOVT dv €vpoiT6 7rpo-)(eLp6TaTov, OTL TrdvTa TTpaoTepd enTLv^ ev Brj/ioKparca. otl jxev tolvvv t^9 ottov ^ov- XeoBe oXiyap'^ia'^ iroXXw daeXyecrTepa Kal BeivoTepa eirolovv ovtol, TrapaXel-yjrco' dXXd Trap' ij/iilv ttots TrcoTTore hehvoTaTa ev ttj iroXeu yeyovev\ ev oiS otl 164 cttI t&v TpiaKovO' airavTe^ dv elirouTe. TOTe TOivvVy cw? eaTcv aKoveiv, ovSeU eaTiv oaTi<; direaTepelTO tov ' acodfjvac, oaTL<i eavTov ookol Kpy^jreiev, aX,V avTo tovto KaTrjyopovao tSv TpuobKOVTa, otl tov^ eic Trj<; dyopd<i dSiKcofi aTrrjyov. ovtol tolvvv TO&aviTjv virep- jSoXrjv iiroLTjaavTO ixelvcov t^9 avTOJV irovrjpia'; coaT " m\€T' Z Bekk. Bens. diXer 2. "^ ia-Tiv om Z. Bekk. cum 2. lidem ev rrj dri/ut.. dyopevei] KcXevei || Androt. ^Aer' e^erdaai.. Dindorf in his ■without variation, and some last edition reverts to the corn- inferior MSS. here. The latter mon reading in both passages, have doubtless been altered into iroXXi^ daeXyearepa ... ovroi] conformity with the parallel Adapted to fit both men from passage; but I do not think this ovtos daeXy^arepos yeyope \\ An- argument applies to dyjixrjyopias drot. where see note on daeX- in the last section. y-fis. Trivre raXdvTujv re^ej'TCoj'] ev old' otl] om. || Androt. — II Androt. § 51 roaovTCov xpVf^d- rpiaKOPd' diravTes] TpiaKovra, irdv- Tuv rovTOV rbv rpbirov elairpax- res from || Androt. is less well divTuv, and i^Tj/xluade for /3^- supported, biit sounds better at pXacpde. In Androt. § 44 the least to my ear. arrears thus collected are put at § 164. dXX' avrb tovto KaTT}- seven talents. yopovai] || Androt. § 52 aWd § 163. el yap e^Aoix'] Both tovto KaTrjyopovpiev. here and in !| Androt. 2 reads ovToi....eiroi.T](7auTo] || Androt. p. 752.] KATA TIMOKPATOTS. 225 iv BrffJLOKparia irdXirevofievoi tyjv IBiav oLKtav e/cdaTw Sea/jLcoT'^pcov KadlarTaa-av, roii^ evheic dyovTe<; iirl rdf; 165 olKta<;, KatToc, co dvSp€<; ^Adijvaloc^, tL oleo-Qe, ottot dvdp(Oiro<^ irevrjf;, rj koX 7r\ova'io<;, ttoWcl B' dprjXco- K(o<; ical TLv law? rpowov €Ik6tco<; ovk evnopcov dpjv- plov, fjurj fiovov €69 TTJv dyopdv ^o^oIt i/x^aXelv, dWd fjLTjB' oifcoi fievetv acr^aXe? rfyolro, 6 he rovroov aLTto<; ^AvBpOTiwv eXr^, ov ovB^ virep avTOV Biicr}v ia Xafielv rd ireirpayfieva koI ^eficcofjLeva, /jltj ri y virep 166 T^9 TToXew^ ela-TTpaTTeiv €lo-(f>opd<; ; Kacroc €l Ti9 epoLT avTov rj ae, dS ^LfjuoicpaTe^, top iiracveTTjv rov- y^2 Tcov Kol (Tvvepyov, Ta9 ela^opd^ irorepov rd KTr)[MaTa rj rd awfiara 6<^ei\eL, rd KTrjfiaTa ^Tjaacr dv, elirep d\r}Orj Xeyeiv ^ovXota-de' diro ydp totjtwv elc^epo- fxev. tIvo<; ovv eveic , co KdKtaTOL irdvTcov dvdpcoircav, d(j)evT6<; TO rd '^wpia Brjfxeveiv koX Ta9 OL/cia<;, Koi ravT d7roypd(f)€Lv, iBelre kol v/Spl^ere 7roXLTa<; dv- OpcDirov^ KoX Tov<i raXaLTTfopov^; p,eToiicov^, ol'i v^pc- aTLKwrepov vjneU rj tol<; olKerai<; tol<; v/i6T6poi<; av- 167 Toov e-^prjaOe) /cat firjv el eOeXocre^ aKe-^acrOai irap y diKaarai Z Bekk. Illud ZAfikr et || Androt. ^ 'di\€T€ Z Bekk. Bens. e^Xere S. in the singular o5ros...e7rot^(TaTO elairparTeiv €l(r<popds] Omitted and so rrjs avroO ^deXvplas for in || Androt. TTjs avrCiv irovripia%...Tro\LTevoixe- § 166. rj ak, (3 Ti/xoKpares... yos...Kadia-TT]...Tovs ^j^Se/c' dyuu. avuepyov] Omitted in || Androt. § 165. /ii) ixovov ...dacpoKet §54. ■fiyoLTo] II Androt. § 53 more at (pijaaiT' av...^ov\oia-de] il An- length: 17 7^705 ws toi>s yeirovas drot. (l)rjaeLev h.v...^o\)\oLTO. virep^alvoL rj virodvoid' viro KKlvrjv edelre Kal v^pl^^ere] Again the vir^p Tov ix-ri to (tlo/j.' dXoi)s els to plural in order to include Timo- dfafjLCJTTipiov ^XKeadai., rj aW d- crates. || Androt. ^Seis Kal vj3pL- cxvI^'^^o'-Vj ^ dovXiJv, OVK eXevdi- ^es: and so oh v^pKXTLKuyrepov ?) puv ecTTLv ^pya, Kal Tavd' iiird ttJs tois oU^rais to7s aavTov Kexpv^'at.. yvvaiKos bp^ro ttolQv, ^v ws eXeu- § 167. et iOiXoLTe] So Din- depos TjyyvyjcFaTo Kal rrjs TroXews dorf here and in 1| Androt. § 55 TToXiT-qs. for diXeTe, in this instance W. D. 15 226 KATA TIM0KPAT0T2, [§§ 168-171. vfilv avToi<;, to di/Spe<; BiKaa-ralj tl BovXov rj ekevOepov etvai hia^epei, tovto /niyiarov av evpoire, on rol^ fxev hov\oi<i TO croofia roov dSiKTjjbbaTcov diravTcov virevOvvov icrri, tol<; B' i\€v6epoi<; vcFTarov tovto TTpoa-TjKeL KoXd^eiv. at he rovvavTLov elg to, a(6juia6\ 1 68 wairep dv^pajroBoL^, eiroirjo-avTo Ta9 TtfJiwpia^. ovroy S' dvLcr(o<; kol irXeoveKTLKw^ ^'o"%€ irpo'^ vfid<i 'AvSpo- TLCov coaTe tov fiev avTov iraTepa Sero Betv, Brj/xoaia heOevTa iirl '^(^pTjfjLacrLV iv Ta> SeaficoTTjpia), fir)T diro- BcvTa TavTa /jLTjTe KpiOevT dirohpavai, twv 3' aXk(ov ttoXltwv tov firj Bwdfievov Ta kavTov Oecvat o'lKoOev 169 eU TO Beo-fKDTijpiov d'^OevTa ixf) eavTov Beheadai. koX Tl/JL0KpdT7)<; TOOV fjL6V TToWcOV rjjJLWV T0T6, 0T€ TTJV SiTrXao-lav elaeTrpaTTev, ou3' dv Trap* evo? Xa^elv rjOiXijaev iyyv7)Td<;, firj /te^/ot t^9 ivdT7]<f 7rpVTaveLa<;, aX>/ ovBe/JLtd^;^ ':^fjbepa<;, dXX^ tj BiirXd Ta '^pijfjuaT eBei » ctWoi /itSs Z Bens. ciW ov8^ fjnas Bekk. against the weight of evidence. H Androt. ^Xneadai. Here for Of. § 163. the present the repetition comes Trap' vfuv...5(.Ka<TTai\ Omitted to an end. in II Androt. § 169. ruv n^v ttoWwu ^fiQv vararov tovto irpoffrfKei KoXd- ...trap' kvos] 'from one of no feiv] I! Androt. k^v to. ixkyiaT'' common folk.' Invidiously con- a.Tvx'jix^^t TOVTO 7' ivecTTL (rojcraL' trasted with the professional els XRW^-"^^ yo,p Tr)v b'tK-qv ire pi politicians (pr/Topes), who would rCov TrXeicrTOJv irapd tovtwv irpoa- stand by one another. TiKCL Xafx^aveiv. Cobet acutely ore ttjv dnrXaaiav ela^TrpaTTev] remaiks that the orator felt he 'in the cases when he levied the had gone too far, since capital double amount:' the imperf, punishment of free citizens was marks a repeated action. 5t- common enough; and accord- TrXao-^aj/, § 111 tz. ingly, in repeating himself, puts /ii) fxexpi-] m oti, as G. H. in vaTaTou as a saving clause Schaefer observes, would be {Misc. Crit. p. 532). more usual, but the meaning is ol dL..iTroi7)<TavTo] In || of the same: 'ne forte putes.' Androtion only, 6 8k...ixoie?To. aW ovdefXLas] It certainly § 168. dviao}$] alaxp(Ss \\ An- seems better to write divisivi, drot. § 56. 'AvdpoTliov omitted with Bekker and the old edi- as there unnecessary. tors, dW ov5i fiids. To omit dx^evTa v<p' iavTov dedtadai] ov5k, with S, Benseler and Z, p. 753.] RATA TIM0KPAT0T2. 227 Kara^aXkeLV rj irapa'^prjfJLa BeBecrOai,. TrapeBiBov 8' 0UT09 ToU evBeKa rov ovk (^(fiXrjKOTa iv rw BLKaarrj- pio). vvv S' 07rft)9 ^v uv vfjLel<; Karayvcore aBerot ire- 753 piiaaiv, virevOvvov avrov iroLrjcra'i v6p,ov elcreveyKelv eToXfirjcrev. 170 'AW' o//,ft)9 Kafcelva zeal rdBe ^rjaovcnv virep vfiwv TTpdrreLV. elra ravO^ vfiel^i dvaBe^ecrOe virep Vfioov ireirpd^dai, koX rd Trjf; tovtcov 6 pa(TVT7)T0<; koI 7rov7)pLa<; epya Trpatw? oXaere ; oKKa jjbLo-elv o^eiXere Tov'i TOCovTov;, (a dvBpe^ ^ KOrjvaiOL, fidWov rj crco^etv. TOP ydp virep Trjf; TroXea)? irpdrrovrd ri koI irpdwv vfJLwv rev^ofjuevov to t^? TroXeo)? ^^09 €')(^ovTa Bel 171 (paiveadaL, tovto S* earl rl; toik; daOeveh iXeelv, Tot9 l(T')(ypol<; KoL Bvvafi6voi<; fjur) iirnpi'Treiv v^pi^eiv, ov rov<; fiev ttoWou? (OfiSf; fieTaxeipi^eadai,, KoXa- K6V6LV Be TOP del TL Bvvaadai BoKovvra. o crv 7rot6t9, cJ Tc/jLOKparef;' Bi d ttoWw fjbdWov dv elicoTco'i firj sounds very poor. dedeadai, show that they have in them the § 60 n. spirit of the Athenian constitu- Tou OVK axpXrjKoTol opp. to ujy tion. That spirit is to pity the &v vfji^eXs Karayvwre. weak, to repress the strong and oTTws irepdaai-v] Several powerful: the exact opposite of MSS., though not the best, read theirs. vepdcjaiv. As Cobet notes, IV^ov. §170. KaKeTva Kalrddel^hoth. Led. p. 515, the copyists were on this and the former occa- prone to alter the future after sion ;' as oppressive exactors, oVws into the subjunctive : or and now in reference to this law. they may not have known that dvad€^€ad€...7r€vrpdxdai] 'will Trepdaffiv is future. you then admit that such things virevdvvov avrov Trotiycras] * he have been done ?' K. ciXXd has dared to introduce a law * nay on the contrary.' On (rem- and to make himself respon- ^eiv opp. to fXKretv, Androt. sible for it.' § 64 n. §§ 170, 171. Timocrates, and irpdwv v/xcov rev^Sfieyop] 'who those whose cause he has taken would experience your clemen- up, will say that tliey are acting cy.' K. for your good. But such a plea, § 171. rov del tl dvvaadai and the appeal for mercy ground- doKOvvra] ' those who appear ed upon it, ought only to be lis- from time to time to possess in- tened to in the case of men loho fluence.' K. 15—2 228 KATA TIMOKPATOT2. [§§172-174. eOeKrjaavTe^^ cucovaaL crov Odvarov fcarayjrrjcplcracvO' ouToc rj 8c 'AvBpoTicov* dcj^eLrjaav^. 172 '^Otc Toivvv ouSe Tr\v etcnrpa^iv avrrjv virep vjjlwv TreTTOLTjvTaL, Koi rovT avrUa Brj fidXa v/ncp SrjXov TToirjaco. el yap rt? epocro avrov<; TrorepoL avTOL<; Bo/covcTLV dScKelv fidWov rrjv ttoXlv, 01 yewpyovvre^ Koi (f)€L86fi€VOL, Bid iraLhorpo^ia^ he koI otKela dva- XwfjLara koI X€i,Tovpyla<; erepa^; iXXeXoLTTore^ el(T(bo- pdv^, rj 01 rd rwv edeXrjadvrwv elaeveyKelv '^pij/jLara Kol rd irapd tcov avfi/Jid^cov KXeTrrovre^; kol diroX- ^ 'deXrja-avTes Z Bens. <= d^/eo-av Z Bekk. Bens. v. not. •1 etV0opds Z Bekk. Bens, cum S. OoLvarov KaTaxprjcpiaaivd^] Cf. § 95 extr. otlovv Slv -rradoLs ; § 119 extr, TTJs eaxo-TTis ri/xupias tv- Xetu. a<f)€i7)(Tav] There is no tho- roughly satisfactory reading here. Good Attic requires the optative, and d(peTev as the form of it: Dindorf follows one MS. 'correctus v.,' all other MSS. and edd. agreeing in dcpieaav; and Shilleto approves (on F. L. p. 363 § 71 = 80). I do not see how the imperfect is to be justi- fied here, even if we were to omit 5ta and translate ' acquit- ted Androtion' on the former trial. Cf. § 8 n. It is worth noting that according to the late (and modern) Greek pro- nunciation, a<pLeaav and dcpeirj- aav are undistinguishable, hav- ing the same accent. §§17.2—175. Their pretence of public spirit is easily exposed; for while levying arrears of taxes on men for whose shortcomings there was often the excuse of in- ability, they have done nothing in their political careers for the repression of viuch more serious offences. The public treasury has been robbed of much larger Slims, the contributions of our allies and of those who pay their taxes readily. Many generals and orators have been brought to justice for these peculations : neither of you two has ever ap- peared as the accuser of any of these, never expressed indigna- tion at the way the state was being fleeced (173). The fact is (turning to the jury) that An- drotion and men like him are accomplices with such offenders and share largely in their illicit gains (174). You ought to pun- ish such men when you catch them, whether the time that has since elapsed be long or short. If you show leniency now, you will be thought to liave acted from passion and not from jus- tice, when you compelled them to disgorge the money (175). § 172. This section follows Androt. § 65 verbatim with only the necessary changes from the singular to the plural: xeiroirjv- TUL for TreTToirjTaL, avrods iroTepov avTOLS for avrbv TrSrepov avT<^, 6vTes dvaidds '4\doi.€v for ujv dvai.- 8ris iXOoi.. p. 754.] KATA TIMOKPATOTS. 229 \vvT6<;, ov/c av eU rovro BjJttov ToXfJLT}^, Kaiirep ovre^ dvatSeif;, ekOotev wcne ^rjaai tov<; ra eavroov jJ^y) elcr^epovra^ fxaXkov dhiKelv rj rovf; rd kolvcl vcpaipov- 173 fJbevov<^. TLvo<; ovv eveK, (o "YLfioKpare^ Kol ^AvSpo- TLCov, erwv ovrcov irXeiovcov rj rpLaKovra dcj)' ou o ye 754 €T6po<; vfjLwv TToXireverat, /cat iv tovto) tS %/30^&> TTOWWV fl6P (7TpaTrj<yWV T^BiKTJKOTCOV TTJV TToXlv, TTOX- Xoup Se pijropcov, ot irapd rovroicrl KeicpivTai, wv ol jjuev reOvdaiv e0' ot? rjhLKOvv, ol 8' V'Tro')((i)pr](Tavje'i (pyovTO Kaiayvuvre^ avrcav, ovB6v6<i irwirore tovtcov i^Tjrdo-dTj Karrjyopo^i v/jlmv ovSeTepo<;, ads' dyavaKTwv docjyOT] vTrep wu rj iroki^ 'Trda')(OL^j dXTC ivravO' i^avrjO^ 174 rjfjbwv KTjBofievoc, ou ttoXXoi)? eSet fcaKo)^ TroirjaaL ; jSov- XeaOe, w dvhpe^ ^KOrjvaloi, rb tovtcov aiTiov iyco vfuv c'lTTO) ; OTL TOVTCOV fieV /jLeT6')(^0V(TLV COV dhuKOVCTLV V/Jbdf; TiV6<;, diro he twv elairpaTTOfxevcov v(j)aipovvTac' Bl dirXr^aTlav Be Tpoircov Sc^^oOev KapTTOvvTai ttjv ttoXiv. ovTe yap pdov irdXkol'^ KaV fiLKpd dSiKOvcTLv dire- 'X^ddvecrOat rj oXlyoi^; koI /leydXa, ovTe BrjfioTiKcaTepov hrjiTOV Ta tcov ttoXXcou dBtKyfiaO^ Spdv rj ra tcov '^ Trda-x^L Z Bens, cum SFuB. ^ add Kara Z Belik. Bens. §173. The invective of An- yovai: then i^rjrdadTjs w0- drot. § 66 is ingeniously made drjs... to fit two persons. dX\' iuravO' i<pav7]6^] || An- w Ti/xoKpare^ Kai 'Avdporluvl drot. ovtus ojv dpaads Kai X^yeLV II Androt. c5 ^deXvp^. Seivbs, dW ^vravd^ €(pdivrj<: Krjde- 6 ye erepos vfiQv TroXiTcuerat] fiuiv dv ov ae iroWovs ^Set Ka/cuJs II Androt. au TroXtreuet. Hence Troirjcrai. it may be inferred that Timo- § 174. Verbatim from Androt. crates was much younger than § 67 with the usual changes : /iere- Androtion; or if the passage be xo^f^i-^ ••• v^faipovvTac ... Kapirovv- not genuine, the writer wished t aif or fieTex^L.-v <l)ai.p€iTai...Kap- to avoid committing himself to irovraL. According to Benseler, any statement about T.'s age however, the text of |1 Androt. at this time, of which he knew has been altered into greater nothing. For viroxojp'n'^avTes conformity with the present (pxoyro Karayvovres avTcov \\- An- passage than it originally ex- drot. has dTroxw/aiyo-ajres 0eu- hibited: see the note there. 230 KATA TIMOKPATOTS. [§§ 175-177. iJS oXtrycov. dWd tovt aXnov ovyco Xeyco. Set roivvv vfjid<; Tavra Xoyi^ofievov^^, kol ^efxvrifievov^ wv dv eKa(TTO<; dfidprr), KoXd^ecv, orav Xd^Tjre nva, kol (.lt} Tov ypovov, el ttoXv? ear dir eKelvov, cncoireiv, dXK el ravT iiroiovv. w? el vvv Trpaw? olaer e0' ol<^ tot rjyavaKTecTe, B6^€t opyi^ofievoo KaTeyvwicevai ra XPV- fxaTa TOVTWV, ovk dBiKovjiievoc. twv fiev ydp opyL^o- fievoav iaTiv ofeo)? tl KaKov tov XeXvirrjK.oT epyd- aaaOaiy toov Be dBiKovfjiivcov, OTav irod' v^^ avTol^^ Xd^coa-L TOV rjBiKTjKOTa, TOTe TifMcopTjaaadat, ovkovv K "Xoyia-ofihovs Z Bekk. Bens, cum 2. ^ vtt' avTOLS Ta Bekk. Bens. § 175. A weaker substitution for § 68 of the Androtion, with its touches of vigorous humour. The platitudes of this section, and the obscurity of its allu- sions — for the difficulty of deci- ding what transaction is alluded to in Kare^vwKkvax tcl x/"7/*tt'''tt TovTuv is in strong contrast with the generally clear presentment of facts in both speeches— un- questionably seem to point to Benseler's conclusion that this part of the speech has been in- terpolated. €1 Tavr' iToiovv] ' whether they were guilty of these things,' iiroiovv is used, not eTrolrjcrav, as a series of acts is intended. ws el vvv...i(p' oh t6t^] To what does totc refer? Keiske thought, to the former action of Euctemon (and Diodorus) against Androtion. But there is reason to think he was ac- quitted on that trial (above § 8): and even if it were not so, I fully agree with Mr Whiston that the argument is not logical or relevant: that Timocrates' offence in proposing the law is ♦ not the same as, nor even in pari materia with, the acts which had previously caused the indignation in question.' See the next note. Sd^er' 6p'yi^6fi€voi...ovK aSiKov- fxepoi] ' it will be thought that you condemned these men in those sums of money because you were angry, not because you were injured.' KareyvuKi- vai TO, xP'hP-^T^- T0VT(j}v clearly refers to the same event as ron: and this is, I think, the decree of Euctemon mentioned in § 13, the effect of which had been that Androtion, Melampus and Glauketes, after having ex- hausted every subterfuge, were ultimately compelled to refund the prize-money taken on board the trireme (xp-n^ara "NavKpan- TLKOL, § 11). Even so, the argu- ment does not seem worthy of Demosthenes : but, on the other hand, we have seen abundant proofs that he was not particu- lar as to the logical exactness of any argument which was likely to weigh with a jury who heard it only once : and he may have used it. p. 755.] KATA TIM0KPAT0T2. 231 Bel hoKetv vvv ^akaKLaOevra^; rore twv ofKOjioafievcov op/ccjv djieX/rjaavTa^i vfjuv avTot^ ')(apiaraadaL irapa to SUacov, aXXa fjbiaelv koL firfS* di/i-^eaOat (fxavrjp jJbrjTe 755 TovTov fjLTjT eKelvov, Toiavra TreTroXirevfjuepcov. 176 'AXXa vrj Ala ravra fMovov tolovtol ^&^ovacnv iv oh TreTroXlrevvrai, aXka 8' eaO* a Ka\w<^ BccpKTjKacTLv' dWd KoX ToXXa ovtco Trpoo-eXrjXvdaa-t, irpo^ vfid^ Q)(7^' rJKcara iu 0I9 dKrjKoare d^tov i(rTC fjucretv av- TOv<!. tI yap ffovXecrOe eXircD ; ra Trofiirela (W9 eVe- aKevaKacTLj koX ttjv toov are^dvayv KaOalpecriv, rj Trjv 177 T(Zv (ffcaXwu iTolr}(TiV Trjv KaXrjv; dXX^ iirl tovtol^ 7', el firjBev dXXo tjBUovv ttjv ttoXlVj Tph, ovx dira^ TeOvdvai Bifcalo)^ dv fioi Bokovo-C koI yap lepoavXia Kul dae^eia koI KXoirr} Kal irdarh rot? BeLVOTdTOi<i elalv evoxot" Ta fiev ovv ttoXV cav Xeyayp i(j)€vdKL^ev vfjLd<i ^AvBpoTLcov TrapaXelyjta)' ^i]aa<i B* dTToppelv Ta <j)vXXa vvv naXaKiadivTas] *by your insinuations that it was ill- present leniency.' — 6fiufio(T/x4- gotten: in ignorance, observes vuv, Androt. § 4 w. the counsel for the defence, of vfuv avToTs xa/)t(ra(r^at] Not the fact that oUre drj/j-ds eariv as K. ' gave way to your feel- ov5^ efs iv ttj oUovfiivr) oUre ings,' implying pity: but as iibvapxo^ o&t€ ?.dvos fieyaXo- B. W. ' gratified your passions,' ypvxorepov toO 8ri/xov toO 'Adij- i. e. your avarice. The tempta- valoiv, roin 5^ (rvKo<pavTovfj.evovi tion to which they would be rdv ttoKltQv t) Kad' ^va ij adpoos thought to have yielded was ou TrpoteTou dXXa ^orjdu (pro that of voting invariably in Eux. col. 42, 43). favour of treasury claims, right §§ 176—186. In these sec- or wrong (Androt. § 48 n.). tions the verbal con-espondence Hyperides pays an adroit, but is almost exact: the few altera- I fear undeserved compliment tions are noted, to an Athenian jury, when he § 176. |1 Androt. § 69 ravra pronounces it impossible that fi^v roiovros eariv, iv ols Treiro- they should entertain any other XirevraL . . . 8i(i>K7)K€v . . . Tr/Joo-eXT^Xu- thought than that of the guilt dcJircaKevaae. or innocence of the accused. §§ 177, 178. |1 Androt. §§ 69, Polyeuctus, the prosecutor of 70 el Kal fiyjSh aXXo dSiKQv Euxenippus, had repeatedly iTvxe---5tKaios wv tf>aveLTai...e(yTh' made invidious allusions to the ^voxos...i(p€vdKi^ev vfxSt 'Avdpo- wealth of the defendant, with riuv. 2:32 KATA TIMOKPATOTS. [§§178-183. Tcvv aT€(j)dv(ov KoX (Ta7rpov<; elvai hid rbv 'X^povov, wairep Xcdv rj pohcDV 6vTa<;, aW' ov 'y^pvaiov, crv^'yw- V€v€iv eireLcrev. aip€6el<i 5' eVl ravra irpoae'CKeTO 178 TovTOV Tov irdvTcov T(ov KaKwv KOivwvov. Kar eTTl jiev Tol^ €La(j)opaL<; tov Brj/juoaLov irapelvai Trpoaejpa- ^frev ft) 9 Brj hiKaio<; wv, wv eKaaro^; dvTLypa(p€v<^ €fjL€W€v eaeaOuL tcop elaeveyKovrcoV eVt toI<; are- ^dvoi<^ Ky 01)9 KareKOTTTeVy oup^t TrpoaTjyaye ravro hiKaiov TOVTO, aXX' avro^; prjTcop, '^pvao^oo^, rafica^;, 179 dvTL>ypa(f)6V<^ yiyovev. Kal fjbrjv el fiev diravr r]^lov<;, vaa Trpdrreif; ry iroXei, aavro) ir co-rev etv, ov/c dv 6/jLoico<; KXeiTTT)^ a>v i(j)copdj' vvv 8' eirl Tat<; elcrcjyopaU o SUaiov ecrO^ 6pLaa<^y fjurj aol iriareveiv, dXkd roU auT^9 BovXoif; rrju iroXtv, ottot dXKo re irpdrrwv kol y^prjiiara kiv(Zv lepd, wu evia ovB' iirl tyj^ r]fieTepa<^ ^$6 yeved^ dvereOrj, firj 7rpoaypa'\jrd/jLevo<^ rrjv avrrjv (f)V- XaKrjv rjvjrep iirl rwv el(7(j)0pwv (f>aivei, ovk rjSrj BrjXov iSo Bt* o rovT i7roL7](Ta^; e7ft) fiev olfiac. Kal jJbrjv, (o dvBpe<; ^KOrjvaioLy Kal Kard Travro^;^ rod xp^J^^v <7Ke- 'y^aade (6^ KaXd Kal ^rjXwrd eTnypdfXfJbara rrj^ iroXeco^ dveXwv (W9 da-ejSrj Kal Becvd dvreireypa'y^ev. olfiaL yap vfjLd<; dnravTa^ opdv viro rcov (7Te(j)dv(ov raL<i %^*" VLKiori KarwOev yey pap^fieva " ol avjjLfiaxoo rov Brj/iiov^ " dvhpaya6[a<^ eveK ia-re^dvcocrav^ Kal BtKaL0(Tvv7)^" 7] " ol o-v/JLfia')(^0L dpLarelov rrj ^Adrjvaia dvedeaav" rj » Kad' awavTos Z Bekk. Bens, cum 2. ^ add rbv ' AdrjvaMv Z Bekk. Illud S. ^ [eaT€(pdvo}<Tav] Bekk. alpedeh 5' eirl ravra — kolvuvov] inyiypacpev ... dvSpayadias 'iveKO. Omitted in || Androt., but needed kol dLKaio(TvvTjs...Trj 'Adrjuaig. om. here to connect T. with A.'s di'i6e<xai'...Tbu drjfiou om. earecpa.- misdeeds. vwaav...[eTr€yeypairT6 7roi']...oni. § 179. II Androt. § 71 toIs Xa^plas dwb rrjs iv Nd^t^j vav- eavTTJs doi6\ois...ovK evdrjXov 8l a. /j.axias. § 180. II Androt. § 72 dvre- p. 756, 757.] KATA TIMOKPATOT2. 233 Kara iroXec^; " ol BeLV6<;^ rov Srjfiov icrrecjxivcoaav " (T(D6evT6<; VTTo rov BrffioVj*^ olov " Eu/Soet? iXevdepco- " Oevre^ iarecfydvcDa-av rov Brjfiov'' iireyiypaTrTO ttov, ttoKlv " l^ovwv diro rrj^; vav/jLa^ia<; Trj<; 7rpb<; AaKC- " Bac/jioviov'ij'^ " lLa^pia<; drro ttJ? eV ^d^co vavfia- i8i ;\;ta9." roLavra yap iqv rd rwv (7Te<^dv(ov einypdfi- fiara. ravra fiep tolvvv, d irporepov ^fjXov iroXvv el^e Kol ^iXoTLjjbLav vpXvy 'r]<^dviaTai KaOaipeOdvrwv Twv are^dvcov' iirl Be rai'? <f>id\ai<;, a? dvr itcet- V(ov iiroLTjaaTO vfilv 6 7r6pvo<; ovto<;, ^'^KvBpoTLfo- " 1^09 eTnfiekovjJbevov iiroirjOrjaav^^^ eiriykypaiTTai, koX ov TO awjia rjTaiprjKorb^; ovk ewaiv ol vufiov eh rd lepd elo-ievai, tovtov rovvofia ev tol<; lepoli; eVI To5i/ (f)La\oov yeypa/jLfj^euov iarlv. ojjlolov ye, ov ydp ; TOVTO Toh irpoTepoL<i eiTLypd/xfjiao-LV, rj <j)iXoTL/JbLav 182 tarjv e')(ov vjjllv. rpia roivvv e'/c toutou° rd BecvoTar dv TL<; iBoL ireirpayiiev avroh. rrjv fjuev ydp Oeov rov<i (TTe<l)dvov<; crecrvKr)KaaL' Trj<^ iroXew^ Be^ rov 7S7 ^rjXov ri^avLKaai rov iic t(ou epyav, wv virofivrj/xa rjaav oi/re? ol are^avou' roi)? 3' dva6evTa<; Bo^av ov fiLKpdv d(j>yp7jVTac, to BoKelv wv dv ev irdOcoo-LV eOe- \eiv fie/jLvrjaOaL. koI TOiavra koX Tocravra to ttXtj- 6o<; KaKd elpyaapuevoi eh tovt dvaicr6r]cria<i teal ToX/jb7j(; irpoeXrfXvOaaLV waO" 6 fiev oterai Bl eKelvov v<j> v/jLcov o-wOrja-ecrOaiy 6 Be irapaKdO'qTai Kal ov 183 KaToBverai rot? ireirpayfJievoL^;. ovtco 8' ov /jLovov eh "* 01 Tij/es Z Bens. Bekk. cum STfir. " iwonr,6r](rav om. Z Bekk. Bens, cum 2. ° toi'jtcjv Bekk. P TTJs 5^ ToXeojs Z Bekk. Bens, cum 2. § 181. II Androt. § 73 om. § 183. ^ |] Androt. § 75 els Tp6Tepou...iiri rah (piaXais 5'... XP^M^Ta dvaibrjs [though on the § 182. II Androt. § 74 corre- whole the hiatus is more fre- sponds to a letter. quent in this speech: see on 234 KATA TIMOKPATOT2. [§§ 184-186. ')(^priiJLaT dvaLhrj<;, aXka koX (TKai6<^ Icrriv war ovk olSeu eKetvOy on aTecpavoL fiiv elcTLv apeTr]<i arjfxelov, (f>i,aKaL he koX tcl Touavra irXovrov, koX (TTe(f>avo<; fxev a7ra<i^ kSlv /JLCKp6<; 27. "^V^ larjv (fycXoTifJiLav e^€L Tc3 /JL€<yd\q), iKTrcofiara B* rj dv/jLLarTjpia rj rd roiavra KTrj/juara, idv fiev inrepffdWrj rw TrXtjOec, ttXovtov TLvd Bo^av TTpoo-erpL^aro TOL<i K€KTr)/jLevoi'i, idv S' iirl /jLCKpoL<; aefjbvvvqrai tl<;, rocrovr dire^ei rod TCfJL7]<i Tiv6<; Bid ravra rv^elv w(tt d7retp6/caXo<; 7rpo9 eBo^ev^ elvav. ovto<^ tolvvv dveXoov rd t^? B6^7j<i KTTJfiaTa rd rod ttXovtov ireiroir^Tai fjLtKpd kol dvd^ia 184 vfMoov. Kol ovB^ eKelv elBev, on Trpo? fiev 'x^pTjfidrcov KTTJcriv ouBeTTcoTTore 6 Br]fjLo<; iarirovBacre^ irpo^ Be Sof?;? (o<; ovBe 7rp6<; ev tqjv dXXwv. reKfiijptov Be' XP^'l' fiara jxev fydp irXelcrTa twv '^XXrjvcoi/ Trore cr^wv airavd^ virep ^iXonixia^; dvrjXwaev, virep Be Bo^rjq ela^epwv eic rwv IBlcov ovBeva Trwirore k'lvBvvov e'fe- arr]. d(f> wv KTTj/juaT dOdvar avTOi TrepUan, rd jiev rwv epycov r] fxvqfir], rd Be rwv dvaOrjjjbdTCDV rwv iir iK€Lvoi.<; (TTadevT(OV to KaXXo^, irpoirvXaia ravTa, 758 irapOevcav, (ttooX, v€(ti(roLKOt, ovk dficj^optcTKOt Bvo ovBe ')(^pvalBe<; Terrape^ rj Tpel^;, df^ovaa eKdarr) fivdv, a?, 185 oTav aoi BoKrj, irdXiv ypd'yjretf; KaTa')((oveveiv^. ov ydp eavT0V<i BeKarevovTe^;, ovS' d KaTapdcrauvT dv ol e^Opol iroLOvvTe^i, Bi7rXd<; irpdrTOVTe'^ ra? €L(r<f)opd<;, TavT dveOeaav, ovB^ oloairep^ crv ')(p(£>fievoL avfjiffov- 1 irpoaido^ev Z Bekk. Bens, cum lihTis. ' ds-.-Karaxf^veveiv om. Z Bekk. Bens, cum SkrsA' et pr. T. ^ oioKTirep Z Bens, cum libris. § 113]... az' fj.kv...Kal ovx vixdv KT-^fiara ddavara avr!^ [two bad a^ta. — ToaovT dirix'^'-> Androt. hiatus]... tri) TrdXiv. § 2 n. § 185. II Androt. § 77 ov yhp § 184. II Androt. § 76 elacpi- avrovs. peiv 5' iK Tuiv Ibiwv ovMua ircb- ov5^ oUawep ad] Here all MSS. irore Kivdwoj' vir^p56^r]s i^^aTT}... preserve the true reading otW- p. 758.] KATA TIMOKPATOTS. 235 Xot9 iiToXirevovTO, aXka tov<; exOpoix; Kparovvre^, /cal a 7ra9 rt? av €v ^povwv ev^acTo, rrjv itoKlv eh ofjbovoiav dyovTe<;, dddvarov k\60<; avrcov Xekoiiraai^ Tov<; iTTLTTjhevovraf; old aoi ^e^iwrat rrj^ dyopd<i 1 86 eipyovT€<i. vp,el<; S' et? Toaovrov, tw dvhpe<^ ^Adrj- valoL, 'iTpor)')(6'r]T^ evrjOela^ Kol paOvfila^ war ovhe. TOiavT 6')(^ovr€<i TrapaSelyfJuara ravra jJbLiMclo-Oe, a}OC ^ AvhpoTiwv vfiip TTo/jLTTeicov e'Tri(TKeva(JTrj<^, ^AvSpoTicov^ W ryf] KoX OeoL KOL TOVT d(T€ff7]fjba eXuTTOV TLVOf; riyeiaOe'y iyco fiev yap rjyovfiaL helv tov et? lepd ela- Lovra Koi '^(^epvilScov kol Kavwp dyjro/jLevov, kol T179 7r/309 rot 9 0€ov^ i7nfjL€\€La<; irpoaraTijv iaofievov oi}%l TUKTov rjfiepwv dpiOjxov dyveveiv, dXXd tov f^Lov rjyvevfcevac tolovtcov eTTiTrjBevfjLdToyv ola tovto) ^e- * TrporjxOe Bens, cum 2. TTc/), wrongly altered from con- the laio is expedient and rigid. jecture. Androt. § 64 n. This is just the point that the § 186. Androt. § 78 ds tovt prosecution deny, and which the c3 av8pes...T0LavTa ^xoi'Tes. . .wpoet- jury are now called to decide. prjfjL^ifov -^/xepwp apidnov. § 187. We have now reached §§ 187 — 189. I might say the last of the critical points muxh more of Androtion and his discussed in the Introduction, expected defence of Timocrates: as to the series juncturaque of hut I will not pursue that subject. this Speech. According to Ben- To return to Timocrates: he seler, as has been seen, the says, I am told, that the three genuine speech is resumed after ambassadors have paid the mo- an extensive interpolation, be- ney, and as they Jiave satisfied ginning with § 110, including the demands of justice, it icould the whole of the extracts from be ci'uel to convict him. But it the Androtion §§ 160 — 186, and is not open to him to argue in ending only with the first sen- this way: it only lands him in tence of this section, as irai- a dilemma. If he proposed his aofiai. According to Blass's law for the benefit of these men, more conservative criticism, that is of itself illegal : the laio agreeing, except in a few minor must be the same for all citizens. points, with that of A. Schaefer, //■ for the general good, the fact the break here is merely that that these men have paid is irre- between portions of the first and levant: it must he shown that of the second recension, each 236 KATA TIMOKPATOTS. [§§ 187-189. 187 Kal irepl fiev rovrov'^ Kara a'^ok-qv' a he Ti/no- Kparev avvepel, iroXka Xiyeiv ere irpo^ rovroi^ ^X^^ irava-ofiat. olBa S* ort, to? fxev ovk aa-vfi(f)opo<; v/jlIv eariv 6 vofio^i koI irapd irdvja'; toi)? v6fjLov<; elaevrj- vey/xevo<i kol /card iravr dSlK(o<; €')(^cov, oi5% e^ei ' TovTCjf Bekk. cum Ubris praeter 2. proceeding from the hand of Demosth. but wanting his final touches. Kal irepl jxkv roirov Kara cxo- Xtjj/] tovtov referring to An- drotion, the reading of 2, is less vague and unsatisfactory than TovTiov : but at best the passage is disjointed enough, and the transition very ill- managed. We have just heard a long invective against Andro- tion, repeated from the former speech : and now the orator says that he will return to the sub- ject ' hj and b}^' or 'at leisure.' The difficulty of the phrase Kard. cxoKt]v may be partly got over, by adopting, with Whiston, a suggestion of Sauppe's, irepl (ikv rovTOv Kal t(2u Kara (txoXtjv, and connecting rd /caret axoKw with roiovTOvs \6yovs ax^^W ciyoura iaK4(pdat, § 158: a sneer at the 'elaborate' speech on which Timocrates is counting for his acquittal. But this reading in itself involves the acknowledg- ment of a serious corruption of the text : and the abruptness of the jjassage is still very harsh and, in my opinion, unlike the real work of Demosth. We are not bound to determine pre- cisely the limits of the spurious passages, if we say that, while we do not accept the whole of Benseler's sweeping excision, the conclusion is forced upon us that in this speech we find work which, after making every al- lowance for Demosthenes' want of interest in it after the trial had ended, cannot be supposed to have been published by him in its present shape. As Blass himself admits, passages which imply that the money had not been paid are mixed up almost inextricably with others like the present, which plainly assert the contrary. This want of co- herence had been remarked even in ancient times : nuh Xeyova-iu €K TOVTOV vo/xi^eadai top \6yov davcxTaTov, is the remark of the Scholiast on eKT^TiaraL to, xPV- fxara. There is not, in the entire Demosthenic collection, another example of a long extract of several pages repeated from a previous speech — the case of the Fourth Philippic is quite different — nor of a speech in which the existence of two re- censions is so clearly proved by contradictions as to one of the leading points of the case, the payment or non-payment of the money by the ambassadors. Scarcely any of the matter of the speech, taken section by section, seems unworthy of De- mosthenes : but the effect of the whole is to give an impression of confused arrangement which we cannot suppose to have pro- ceeded from him. The conclu- sion seems to be that there were really two distinct speeches, or p. 759.] RATA TIMOKPATOT2. 237 XiyeiV aKOvco 8' avrov Xeyeiv oo? iKreria-TaL ra XPl' [xara ^AvBporlcovt Kol VXavKerrf Koi MeXai/coTrco, koL on BeivoTar av ttolOol irwnwv dvOpcoircov, el ireiroiri- k6t(dv ifcelvcov ra hUaia, virep wv avT6<; air lav e'^ec 759 1 88 OelvaL top vojiov, /JLrjSev rJTTOv avT6<; aXio-Kocro. iyco Sk TOP Xoyov rjyovfJbaL tovtov ovhe KaO' ev Xeyecv ivelvat, TOVTcp. el fjiev yap virep tovtcov, ov'^ to, irpcarjKovTa <i)y'i TreiroirjKevai, Oelvai top pojiop 6/JuoXoyeL<;, Kar eKeiPO irpoarjfceL ae dXiaKeaOai (f>apepQ)(;, on fjurj nOi' vac vofiop, iap fjur) top avTOP iirl nrdai tol<; TroXtVai?, dpTLKpv<; ol KvptoL pojJLOL Xiyovai, Kaff' 01)9 ovtoc 189 BcKaaetP o/noyfiotcao'LV. el Be tov irdai avfjL(f)epoPTo<; epetca TavTa vo/jLodeTfjaac (fiTjaet^, jxrjXeye ttjp exTcacp Trjp TovTwv' ovBep yap Kotpcopel tw po/jlco tSBc' dXX* 0^9 i7nTijBei6<; ecTTi kol KaX(o<; e^^cov 6 p6/jlo<?, tovto BiBaoTKe. TOVTO yap eaO^ virep ov av fjuep elaepeyfcetp ^?7?) ^'7^ ^^ yeypa/jL/jiai TapapTia (pdaKODP, Kplpau Be irpOd'qKeL TOVTOval. kultoo Kal tovt ovk diroprjaac/M a new recension of the speech complied with the law,' as in owing to the turn taken by § 52 -rroLeiv to. dlKata (nyri. So affairs : but that the welding of in the next section to Trpocr^- these two speeches into one is Kovra <p^s ireTroi-nK^ai. not to be ascribed to Demo- ahlav ^'xet] This is the usual sthenes himself. passive of acTiaadaL : the only iKT^Ttarai ra x/)77yuaTa ''kvhpo- tense of the verb used passively rluivi] The dative of the agent is the aor. -pTiddrjv, and that (for i»7rd Tii/os) is almost confined very rarely: Thucyd. viii. 68 to the perf. pass. With the § 2, Xen. Hell. ii. 1 § 32. participle of that tense it is the § 188. fx-rj TL6ivaL...\iyov(n] usual construction, e.g. rcau aol 'the existing laws expressly for- 7re7rpa7yu.^j'a;j/ Demosth. F. L. p. bid.' In this sense X^76tJ' with 434 § 291 = 333 would almost a negative is rare, dwayopeveiv always take the place of tcou is far more common; or as in vird aov Treirpayfxiuuv : with the Androt. § 8 Siapfy^drji' ovk iau. indicative both constructions § 189. 570) 8^ yeypatxixai] are found. Cf. Madvig, Synt. 'whereas I have impeached it § 38. and assert the contrary,' that it TreTTotij/corwi'... rd StVata] 'have is ovk eirtrTjSetos, contrary to satisfied the demands of jus- public poUcy. tice,' K. Perhaps rather, 'have 238 RATA TIMOKPATOTS. [§§ 190-193. av Bel^aL, iravra fxaWov rj Kara rov<; v6fiov<: TreirotTj- /jLevov<; rrjv cktictlv eKeivov^ rrjv twv xPVf^^'''^^' «^^« firj irepl tovtcdv v/jLoov ol<t6vtcov rrjv ^jrrjcjyov, ri 3et ravra Xeyovra evox^elv fjue vvvL ; 190 Olfiac Tolvvv avTov ovB* eKeivwv a^e^ecrOai rcov Xoycov, 0)9 ScLva av iraOoi, el ypdyjra^; 07rco<; ^AOTjvalcov fiTjBelf; BeOrjaeraL avro^ rnreLO-eral ri KaKov, koX otl Toi)? vofjLov^ tw? TrpaoTCLTOv^; Kol /JLeTpccoTciTov^ eivai vrrep rcov dhvvdrwv fiaXi(TT iarCv. 7rp6<; 8r] tov(; TOiovrov<; X6you<; ^eXnov TTpoaKrjKoevat^ fiLKpd irdv- 191 Ta<^ Vfid'^, Xv rJTTOv i^airardcrOe. orav fiev yap Xiyrj, OTTO)? /xT/SeW BeOrjaeraL ^AOrjvaicov, firj XavOaverco 'yfrevBo/JLevo'i vfjid<;. ov yap tovto reOeiKev, dXX! ottco^; 760 vfiel<i aKvpoL Twv Trpoa-riijLrj/jLdrcov ecreade' Kal Trjv ^ aKTiKoivai Bens, cum 2. iravTa fia.\\ov...Tiov xPVf^'''<^v] public men (192). It is your * that the payment which those interest that the former class of men have made is anything hut laics should be framed with mild- a payment according to law.' ness and humanity, but that §§ 190 — 193. Again, he is those lohich concern our "public raising a false issue when he duties should be stringent and tries to pose as the martyr of severe: for then you will suffer humane and popular legislation, the least amount of wrong from and says that the humbler classes your statesmen (193). are those who benefit most by § 190. a.8vv6.Twv\ § 135 n. lenient laws. When he states irpoaK-qKohai] ' that you should the object of his law to be ' that at once hear beforehand. ' § 60 no Athenian may be imprison- n. ed,' this is false: for his real § 191. X^yv, oVws] 'when he object is that you may lose the says the words " in order that power to inflict additional pe- no Athenian may be imprison- nalties. Don't let him pick out ed:'" or ypoApai. or TedeiKevat for quotation these expressions may be supplied. in his law which sound most Xavdav^rcj ^pevdofievos vfias] i.e. humane, but do you judge it as "Kapdav^rcj v/ms. \}/ev5e(xdaL with a whole (191). There are two &cc. = i^airaToiv is almost con- classes of things to which the fined to poetry : there is an ex- laics of all states have reference : ample in Xenophon, but that is the acts and contracts of private not saying much. — vpo<XTifjt.7]jji.a- personsj and the conduct of ruv, § 2 n. p. 760] KATA TIM0KPAT0T2. 239 fieO* opKOv KoX \6yov kol KplaeQ)<; •^7J(f)ov ivrjveyfievTjv avdhiKov KadL(TTrj(Tiv. firj Brj ravO* vjxlv toov Ik tov vofiov prjfjbdTcov eKke^a'^ Xeyerco, a (pcXavdpcoTroTar icrrlv d/covaat' dX)C o\ov heiKVVTU) tov vopiov €^rj<i, KoX rd GVfi(3alvovT ef avrov (TKOirelv idray. evprj- aere ydp ravr ovra d iyco^ Xiyco, koI ov-^ d (fiT^aiv 192 ovTOf;. dWd fjbrjv tt/jo? ye to toI<; ttoWoU crviJU(f)epeLV TOv<i v6fjLov<; irpdov^ Koi fjL€TpLov<; elvai TaSe ^prj (tko- Trelv. ecTTLV, w dvhpe<i ^AOrjvaloi, Bvo etSij, irepl wv elaiv ol vofMOL KaTd irdaa^;^ ra? TroXet?' wv to puiv eaTL, Sc wv 'x^pctfieOa dX\,r}\oi,<; /cat crvvaWaTTOfiev KoX irepl T(ov IBicov d ^PV Troielv hLwpiafJLeOa koX ^cofiev o\(o^ Ta tt/jo? yfid^i avTov^, to h\ ov Tpoirov Sel TM Koiv^M Trj<; TToXeft)? eva e/caarTov i^fjuouv '^prjaOat^ dv iroXLTevecrOai /SovXrjTat koI <j)7J KrjheaOai Trj<; iro- 193 Xeft)?. eKeivovi pbev Toivvv tov<; vofiov^, tov<: irepl y TttGra a iyu) Z cum 2. ravd' 070) Bens. « Kad' airda-as Z Bekk. Bens, cum SFv. fied^ 6pKov Kal \6yov koI Kpl- contracts with one another, and ffcws] 'upon oath, and after define our obHgations in private argument and trial.' matters, and generally our re- ava^iKov Kadiarrjaip] 'he ren- lations to each other in life; ders subject to an appeal.' § 54 the second (of those which) n. and Diet. Antiq. s. v. 'Ap- determine the nature of the pellatio ' (Greek). obhgations which each of us § 192. 8vo etdrf] ' there are owes to the state, if he would be two classes of things with which a public man and professes to the laws deal' R. W. This is care for the state.' For avvaX- more precise than ' to which Xdrreiv ' to contract ' cf. i. Onet. the laws have reference,' which p. 867 § 12 toiovto irpayixa aw- would be Tre.pl a. aWdrTcov, and avvdWay/xa be- fit' wv xP'^f^^^^] i'6- wj' (eiduu) low § 213. t6 fJL^u iarl irepl uju elcrlv ol vofMoi 8110 pier /xed a] The middle of 5t wp xP^f^^^^' tli6 second uv this verb is far more common refers not to eidrj but to ol than the active in the Orators, vofioi. The passage is well ren- but the perf. mid. diupcafMac is dered by R. W. : ' the first are rare. We find in 11. Onet. p. the subject of the laws by which 877 § 8 Sio-xtXfw fJi-^v dpiafjiivos we regulate our intercourse and ttjv oIkLuv, raXavrov dk t6 x^P^^^- 2-fO RATA TIMOKPATOTS. [§§ 194, 195. Tcov Ihlwv, r)7ri(D<^ KelaOat koI (fyiXavOpcoTrca virep rwv TToWcou icTTL' TovoSe Be Toi)? Trepl rcov 7r/309 to Sij/no- (7iou rovvavTLOV, ia'^vpa)(i koL ')(^a\€7roo<; e^eiv virep V/JLOOV €(7TLV' OVTCO ryap CLV 7]Kl(j6' ol 7ro\LT6u6fM6VOi T0U9 7roXXov<i vfiaf; dhuKolev. orav hrj tovto) tS Xoyo) ')(pf}rai, iirl ravra diravrdre, otv toi)? vojjlov^ ovk eKelvov^ Tov<; virep vfiwv irpdovf; iroiel, dWd rovaBe oc Tot9 TroXcrevofjiiuoi^; (j^o/Sov mrape^ovcrtv. 194 IloWa S* dv Tt? €')(^0L Xeyeov, el KaO* eKaorrov wv ipel BeiKVVvac ^ovXolto ^evaKiafiov koI irapaKpov- § 193. ovTU) yap dv . . .adiKoiev] A characteristic passage: this deep distrust of public men goes down to the very roots of Athe- nian life. On the prevailing dishonesty which in some de- gree justified it, see above § 79 n. iirl ravra airavrare] ' meet him with this reply,' cf. § 38 60' €Ka.aTT)v diravrq. rrjv obbv rCov ahiKrifji.arwv. A still nearer pa- rallel is Mid. p. 563 § 151 (of the friends of Midias) ovk erb\- fxoiv T^iyetv, eirl ravra 5' airrjvruv, 'had recourse to this argument in his defence.' eKelvovs] 'the former class,' roicT^e ' the latter.' §§ 194—199. Of the many points as to ivhicli he will try to deceive you I will mention only one. Just see if he can con- vince you that retroactive legis- lation respecting what has been judicially settled can ever he right (194). If, as is probable, you feel that it cannot, then consider what alone can have induced him to propose such a laio. Nothing but the most abominable avarice (195). He cannot say that it 2oas out of compassion for Androtion arid his fellows: for their oion con- duct was such as to excite in- dignation rather than pity, and he is not so remarkably kind and gentle after all (196), as is proved by the acts of oppression of which he was guilty as the colleague and accomplice of An- drotion during their year of office (197). He should rather have had pity upon you, from ivhom lie and Androtion have exacted double payments while themselves not contributing any- thing to the property tax (198). He and Androtion entered their accounts alone, not loith their colleagues, so confident icere they of impunity. And he has no interest forsooth, no personal object to serve, when he incurs your hatred and introduces laics contrary to all the rest, nay even to a former laio of his own (199). § 194. <p€uaKi<r/j.ov Kai wapa- Kpovaews] Comp. below § 209, Aristocr. p. 656 § 107 icpeva- Kiadryre Kal irapeKpovaOrjTe. The verbs are favouiites with De- mosth. (Androt. § 34 n.): the substantives are rare, but ^eva- KKTfws occurs de Pace p. 59 § 10, 17^ p. 761.] KATA TIM0KPAT0T2. 241 <r6ft)9 eveKa prjOrjo-ofieva. aXka ra fiev TroWd Trap^- <T(o, K€<j)aXat,ov 3' vfjuiv o fivij/jLOvevo-ere ipw. (TKOTrelr 7^^ iv airaai toI<^ Xoyoc^;, oirocrov^; av \eyrj, €C tl Bvvq- a-erai tolovtov elirelv, Be ou BcBd^ec (09 ecrri BiKatov TOP Ttdivra vofjLov ravrd irpocnd^at irepl rwv irape- XrjXvdorcov koX irporepov reXo'i i<T')(7]K6T(i)v iroielv koI Trepl Twv fxeWovTCDV ^yevrjaeaOai' irdvTfOV yap ovrcov al(T')(^pwv Kol Secvoov twv yeypa^jjuevcov iv to3 vo/jLO), TOVTO heLvorarov koI /jLaXiaTa irapdvo/iov yeypaiTTai. 195 el Be fit] 6^ ovTo<; [xrjT dX\o<; /jirjBeU rovro^ Bwrjo-erac Bel^ai, elBevac XPV^ cra^cS? <f>evaKL^ofJbevou^^, koX Xo- yi^eaOat 7rp6<; vfid<; avTov<; iic rtvo<i ttot iirrjXOe TovTcp roiavra vofioderelv. ov TrpocKa, (o Ti/jLOKpaTe^;, TToOev; ovS* oXlyov Bel tovtov €driKa<^ top vo/jloV ovBefJLiav yap av eiirelv e')(pi<; dXXrjv irpo^aaiv, Bl rjv TOLOVTOV e'iTr}pdr}<; elcreveyKelv vojjlov, rj ttjv aavTOv * TOVTO post el 5k transp. Z Bekk. ^ add Kal cvvUvai. Z Bekk. om. 2ATf2krs. *^ add v/tas Z Bekk. irepl tQv xapeXriXvdSTCJv] This fore xoXKov in the latter. It argument is now getting rather will be found that in all these threadbare: we have had it passages a negative has pre- already §§ 42 — 44, 56 — 58, 72 ceded : the distinction is that — 76. For the phraseology cf. in ovdk ttoWoC 8et the ov5k does § 73 Trepl 5' wj/ diKaaTrjpLov iyvuKe not negative what follows, but Kal rAos iaxn^^- merely repeats the previous ne- § 195. irbdev ;] interjected as gation : whereas in ovS' oXiyov in § 157. Set the ovdk does really negative oi}5' <5X^7ou Sec] Here and in oXiyov. I cannot think with two other passages, pro Mega- Shilleto (on F. L. § 204) that lop. p. 206 § 16 and F. L. p. the presence or absence of ye 399 § 184=204, the meaning would render the meaning * far from it ' is expressed by doubtful : as he observes, * ov this phrase instead of the much 5^ (i. e. ov kuI) oXiyov ye 8ei is more common ovSk iroXXov dec precisely equivalent to rroXXov (de reb. in Chers. p. 100 § 42, 7^ Kal 8ec.' It is curious that de F. L. p. 350 § 30 = 33 and the use of iroXXotTTos and oXc- elsewhere). The old commenta- yoaTos has occasioned a similar tors (as Jerome Wolf) explained difficulty : see the next see- the former class of passages by tion. ov8' oXiyov See, dXXd ttoXXov : and iir-npdrjs] ' you were led on, were perplexed by the ov8k be- induced, encouraged' to bring W. D. 16 242 RATA TIMOKPATOTX. [§§ 196, 197. 6eol<; ix^pciv alcr'^^^poKepBeLav' ovre yap avyyevrj^; OVT OLKelo^; ovr dvayKaLO<; rjv aoi rovrcov ovBel^, 196 ovS'^ eKelv av e;^ot9 elirelv, oo<; i\erjaa<^ Beivd iraa')(ov- ra^ dvOpwirov; etXov Bed ravra ^or]6elv avrol^. ovre ydp To^ rd tovtwv iroWoarco '^povw jjloXi^ ciKovra^, d oOt' Z Bens. Bekk. cum SFTrB. ^ TO om. Z Bekk. Bens, cum ZTkrsv. in this law : ' veranlasst ' Ben- seler. In K.'s rendering, ' pre- text for introducing such a bill,' this word is not expressed. Oeois ex^pciy alaxpoK^pSeiav] It is from this passage that deoia- ex^piav Androt. § 59 (where see the note) has been altered in most MSS. There are no vari- ous readings here, except that S writes, as elsewhere, alaxpoKep- diap: and this form, though contrary to analogy, has been accepted by Dindorf (Praef. ed. 3 p. xxviii). Cobet 3Iisc. Grit. p. 25 wishes to read deocaexOpiav here in conformity with || An- drot. : but there can be no ne- cessity for this. ovT€ yap avyyevT)^ ovr' o'lKelos out' apayKOLos] ' either a rela- tive or a connexion or an inti- mate friend' K. 'Ein Verwand- ter oder Bekannter von dir oder stand dir irgendwie nahe' Ben- seler. Compare above o-u77€- vuv Kal oiKeiiijv § 67 n. § 196. ra TOVTCOu] SC. XPV' fiara, apparently the money of the jury as representing the state. This is Eeiske's explana- tion, approved by Dindorf: cf. in the next section tovtiovL Ben- seler's version takes no notice of T0VT03V. In Nicostr. p. 1254 §§ 26, 27 we have dficfiLcr^yjTovv- Tos T(2v vfier^puiv of a claim not yet proved on behalf of the state: cf. above § 175 n. TToXXocrrCfJ XP^^v] iroWoarbs has two meanings which at first sight appear contradictory. (1) One out of many, and so small in proportion to the whole; as a fraction with a large denomi- nator is a small fraction. This is the usual sense, found gene- rally but not always with n^pos or fidpiov: as in in, Phil. p. 117 § 25 iXaTTovd eaTi.p...dW ov5^ TToWoCTTbv fl^pOS T0VT03V iK€lVa. c. Macart. p. 1052 § 9 aW ov5' dxoXoyrjaacrdai fxoi e^ey^vero ovdk TToWoarov ix^pos wv KaTe\p€v8ovTO rjfjLojv: 'the smallest part.' (2) As applied to time, only in ttoX- Xoa-Ti^ XP^^V 'after a long time,' ' so long after it was due ' K. The phrase occurs also c. Eu- bul. p. 1304 § 18 wpos roi)s o'tKel- ovs iadbdrj Sevpo TroXXoarcp XP^^V' and Aristoph. Pac. 559. Eeiske was struck with the difficulty of reconciling the two meanings: *hic non minuit, sed auget.' On this G. H. Schaefer remarks that it always implies number, * ut semper sit av^rjTLKbv, nun- quam fxeioTLKop;' and here it means ' at one moment out of many, ' implying many moments or, in other words, a long time. This usage was probably poet- ical in its origin: besides the line of Aristophanes, it will be observed that the passage just quoted from the Eubulides reads as a fragment of an iambic p. 762.] KATA TIMOKPATOTS. 243 eV Tpcalv efeXey^^eWa? 0LKaaT7jpi0L<;, KaraTidevaiy TOvO* r)^r]a(o to heiva 7rdcr')(^ecv elvai' iroielv yap iarc rovTO ye Becvd, koI Trapo^uvece fJbdWov dv rtva fiicrelv rj irpoTpeyjretev iXeelv' ovr aXXo)? irpdo^ koX (feikdv- 6pwTT0<; av Tt? Twv dXKtov hLa<^6p(t)'^ wv ekeel^ avrov^;' 197 oi) yap icTTL T7J<; avrrj^ -x/ru^^? 'AvBpoTLCOva fiev fcal M.6\dva)7rov fcal TXavfcerrjv^ iXeetv, d fcXiyfravref; el^ov el KaraOrja-ouai, tovtcopI 8e To<rovT(OV ovtwv Kal Toov dXKwv iroXirmv, wv eirl ra? ol/CLa<; e/SaSi^e^ crv ^6: TOi)? euBe/ca koI tov<; diroheicTa<; €)(^(ou Kal TOV<i virrj- peTa^, /jL7]Beva irdOTroT iXerjo-at, dXXd 6upa<; d<j)aLpelv Kal (TTpooixaO' viroGirdv Kal BidKovov, el tl^^ e')(^prJTOf *" TXavK^Trju Kal MeXaubyirou Bekk. cum Ubris praeter 2Fv. e y ris Bens, cum SAPrs. verse. It is found only in the dative case : a writer would na- turally say TToXiiu xpoi'o}', not iroWoarbv, of the duration of a long time, but iroWoaTqj when a particular moment of that long time was intended. It seems however that Soph. Antig. 625 irpdaaei 5' oKiyoaTov xpovov eKTos aras is a bold extension of this poetic usage from the point of time to its duration. The more we realise Sophocles' love of artificial expression, the less, I think, shall we be inclined to desert the MSS. in favour of the commonplace oXlyKTrov. fjuokts aKovTai] These words add to the rhetorical beivoTrj^ of the passage : they paid the mo- ney (1) at the latest possible moment (2) after making many difficulties and (3) with the worst possible grace. €v rpifflu i^eXeyxOivras 5i/ca- arripiots] The irpo^ovXev/xa of the senate, the xl/rjcpiafj-a of the people, and the verdict of the dicastery, are each reckoned as a judicial decree affirming the liability of Androtion and his fellows. So A. Schaefer i. 332 n., followed by Benseler and Whiston. TTOLeiu yap €(TTL tovto ye deival iroielv is emphatically opposed to irda-x^i-if : ' it was cruel con- duct you mean, not cruel treat- ment.' § 197. a KX^\pavTes elxov el KaTad-qaovai] * for having to re- fund what they had embezzled and were still keeping.' After eXeelv, as after dav/uid^eip, el im- plies no 'if but points to a fact: cf. § S2n. diroS^KTas] § 162 7i. 6vpas...vTroa7rav] 'to have torn off their doors and dragged the bed-clothes from under them.' Cf. Androt. § 66 and the phrase aKevT] <pipeiv § 57. It seems from the mention of doors that not only furniture but fixtures might be seized under a dis- traint at Athens. 16—2 244 KATA TIMOKPATOTS. [§§198-200. ravTTjv ivej^vpd^etv' a av iravr eVote^? iviavrov jgS oXov /mer ^Av^poTLCi)vo<;, ttoWoj jap StJttov a^erXi- corep' kircLGyeff v/x6t9, K.aX iroXv fiaWov av elKorcof^ 77X66^9 rovTov^, ot hi vjJba^, co Karapare, tov<; Xeyov- ra? ouS' OTLOvv ela^ipovT€<; iravovrai. koI ovk airo- y^pf] rovT, dXXd koX hiirXd irpaTTOVTai^ kol ravd* VTTO (Tov Kol ^AvBpoTicovo<i, o? fiLav €L(r(f>opdv^ ovSe- 199 irwiroT 6l(T€V7]v6')(^aTe. ttjXlkovto tolvvv icppovrjaev ovTO<; w9 ap* ovBe Slktjv tovtcov ovBe/juiav B(6acoVj were ^ ixlav el(x<popau, jxiav Z Bens, cum S. biOLKOvov ivexvpd^eiv'l For the ace. with iuexvpd^eip see note on Androt. I. c. Slaves were among the first ' cattle ' or ♦ chattels' distrained upon : the argument in Or. 53 irpbs NtKo- GTparov trepl audpairoduv avo- ypa(pT]S 'ApedovaLov turns upon a schedule or inventory (ciTro- ypacpT}) in which two slaves are stated to be the property of Are- thusius, and therefore liable to confiscation as a partial pay- ment of his debt to the public treasury, while Nicostratus the brother of Arethusius has coUu- sively claimed them as his own, a case of ' concealment of effects in bankruptcy.' There can be no doubt that ixRV^o is rightly explained as ' used with a double meaning, or at any rate euphe- mistically for a plainer term== TrXrjaid^eLu' (R. W.). I do not think, however, that the Scho- liast is right in referring under this head to the case of Sinope and Phanostrata in Androt. I.e.: they appear to have been free women whose goods, not per- sons had been seized {dvdpiOTrovs TTopvas, oi fx^vToi d(p€i\o{icras et'cr- 0opds). The MS. authority is decisive in favour of tj rts ixpv- TO, which yields exactly the same sense as et rts. ivLavrbv ^Xoi'] The year in which they held the office of €K\oye7s, § 160 and 1| Androt. § 198. v/ji.e'ii...r)\^€LS tovtovs ...viJ.ds...Toi>s\^yovTas] Through these rapid changes of pronoun the meaning is plain: 'you, the Athenian people, were much worse treated:' 'you, Timo- crates, had much more reason to pity your countrymen, who through you orators have no res- pite from payment of property- tax.' 5t7rXa TrpaTTOPTai] ' they are made to pay double.' ' To ex- act' is either TrpdrreLv or irpdr- readai indiscriminately : and the verb, which in the active voice takes a double accusative {TrpaTTeip rivd tl) is regularly joined to a single accusative when used passively. The same statement occurs above § 185 and II Androt., SirrXas irpdrrovTes Tas el<r4>opds. § 199. Tr]\LK0VT0...i(f>p6vr]a-€v'] ' such was his self-confidence,' ' Selbstvertrauen,' Benseler. tt?- XiKovTo (ppovetv is precisely = oil- Tw fj.iya. (ppoveiv. p. 762.] KATA TJM0KPAT0T2. 245 fJLOvo'i BeKa rwv arvvap'^^ovToyv ovtcov KOLvfj rov \6yov i'yypd'y^aL fier ^AvBpoTL(i}vo<; eToX^rjae' TrpolKa yap, ovBev (£>(f)e\ovfievo<;, vfiiu Tifio/cpdTi]<i diTe')(jddveTai KoX v6/jlov<; €la(j)6pei irdaiv evavriov^, to reXevralov Be Kol avTov pofjLO) irporepw, o pud ttjv ^AOrfvciv ovBi* vpid<; olpLac XavOdveiv. 200 '^O TOivvv epLoiye Bok€l fjudXio-T a^iov 6pyrj(; elvai^ (ppdacj Kol ovK aTroTpeyjrofjLaLy otc ravT w dvBp6<i 'Adyvaloc, irpdrrcov eV dpyvplw, kol 'irpor]pr}fjbevo<i ftj? d\7]0(3<; [liaOapvelv, ovk et? d kolI <Tvyyv(hpb7]v dKovaa<; dv Tt? eV^€, ravr dvaXiaKei. ravra B' icrrl TL'j 6 irarrip^ o5 dvBpe^s Bi/caa-Taly 6 tovtov to3 Btj/jlo- Tov Xoyov iy/paxj/ai] *to enter his account' of the monies he had collected in the public books of the Logistae. So Ae- Bchin, Ctes. § 20 iyypd<p€Lv irpbs roi/s Xoyicrrds 6 vofxos KeXeOei Xo- yov. More commonly iyypa- tpeiv is simply 'to register' a debt or fine, c. Nicostr. p. 1251 § 14 iyypdcpeL rep drjfioaicp (in the treasury), where examples are collected in Sandys' note. Timocrates was not afraid to make common cause with An- drotion, when their colleagues (as is implied) had kept aloof from their exactions. irpoiKO, ydp, ov5h (JbcpeXovfJLevos] And yet you are asked to be- lieve that he incurs your ha- tred gratuitously, for no per- sonal gain. avToO vofii^ Tporipcf)] Above, §§ 62, 63. §§ 200—203. He has taken up the trade of a hireling, and makes no good use of the money: wJmt he has gained basely he spends selfishly. He suffers his own father to languish under Atimia, which he will one day inherit himself, rather than pay a small sum to restore him to his civic rights (201) : he is the be- trayer of his sister^s honour (202). If you do not put him to death, you will be thought to like his pettifogging actions and the trouble he gives you, and to have no desire to be rid of scoundrels (203). §200. dirorp^i^ofiai] %%ln., 104 n. Here S alone preserves the better reading. wpoyprjfi^vos] 'though he has made it his set purpose (Trpoat- pea-is). Generally with accus. irpoaipeiadaL ti: for the infin. compare c. Dionysodor. p. 1297 § 48 iroWol tQ}v Kara doKarrav ipyd^eadaL Trpoaipov/j^vuu (where- as in § 1 he had said ttjv ipya- alav TrpoTjpTjfiivois). Isocr. Phil. § 77 rovTois iiTLfiovXevuv, virkp (j}v 6 irpoyovoi avrov irpoeLXeTO Ktvhvveveiv. OVK els A.-.TaOr' dvaXlffKei] There is no probability in Do- bree's conjecture tovt^ duaXia-Kei. The order is et's ravra & aKovaas ris avyyv(J}fir}v dv ^crx^t ^^^ /fat emphasizes avyyv(I}p.riv. 6 irar-^p] This favours the inference already drawn from 246 KATA TIM0KPAT0T2. [§§ 201-203. (TL(p 6(f>ei\eL' Kol ovK 6v€lBI^(ov €K6lvw Xiyco, dX)C 201 dvayKa^6fjL6VO<;' koI ovto<; 6 '^prjaro'^ irepiopa* KaiTOU oaTi^ fieWcov KXrjpovofJLijo-eLV rrj^ dTt/jLLa<;, av eKetvo^ TL TrdOrj, fjbrj oterat Belv eKrlaai, dXkd KepSalveiv, hv €KeLvo<; ^fj '^povov, d^Lol tovto to fcepBo^, tIvo<; dv v/jllv aTToo-'x^iadai, BoKel ; Kol top p,ev irarepa ovr eXeet? 763 ovre heivd aoL hoKel irday^uv^ el aov Xajx^avovTo^ KoX ')(^p7]/jLaTL^0fJL€V0V dlTO TOuV €la<j)OpWV (hv 6l<T6~ Trparre^i, aTro rayv^ '^^LcrfxaTOiV wv ypd(j)6L<;, a^ wv ela^epei^ voficov, Bed fjbiKpbv dpyvpiov p^rj /A6Te;^et t^9 202 iToXew^, iripovi 8' iXerjaal Tiva<; (f>y^ ; dWd vrj Ala . rrjv dBe\(j>r}v Ka\w<^ 8ia>Kr)fC6V. aXX' el kol p>7)Bev * Tojv om. Bens, cum 2v. Androt. § 66 compared with Ti- luocr. § 173, that Timocrates was much younger than Andro- tion. OVK oveiSl^v eKeivcp Xiyui] It was usual to apologise when al- luding to the 'misfortunes' of those who had been convicted, other than the immediate ob- jects of attack. So in Mid. p. 533 § 68 ov yap 6pei8icrat jxa to^s ^eoys ovdevl Su^xep^s ovd^v jSouXo- juei/os TouTo TTonjaoj, when he is about to mention the Atimia of Sannio [k^xpwo-^ av^Kpopq) : cf. Androt. §§ 55 7^., 62, above §132. Kal oJtos x/)7;(rr6s irepiopq-l ' and yet this worthy person al- lows him to remain so.' xpV- CThs ironical, § 160. § 201. K\r]povofji,7]a€t,v riji dri- jjilas] Androt. § 34 n. B.V eKeivot tl iradrj] 'should anything happen to his father :' a euphemism as in Latin and English. 1X7] ol'erat] The relative So-rts here = e^ and is therefore fol- lowed by ixT], not ov. Kepdaiveiv ...TOVTO Tb K^pSos] 'to enjoy what it would cost him' (to pay his father's debt). 'Ka/jL^avouTOS Kal xP'7M'*7-if<>A^- vov] 'while you help yourself and make money;' the usual sense of xP''7/^«'"^i'f<''^<*t middle. Pro Phorn. p. 593 § 30 dirb toO XpTlfiaTL^eadat Kal cTipoiv TrXdu) KT-qcracdai. So x/'^/"''''"*''"'"^^ a money-maker, economist, Boeot. de Nom. p. 1002 § 25 ris r^v xpv- /xaTiaT^s 6 TraTTjp (where Ttj = TTOios rts. For xP'^Mctr^^eti' ac- tive, §§ 21 7i., 45, 55. 5ta fXLKpbv dpyvpiov] ' for,' i.e. •for want of.' Schaefer com- pares Aristoph. Plut. 147 ^yoiyi TOL 5ta fxiKpbv dpyvpiSiou \ 8ovXos yey^vrj/maL 5ta t6 p.^ irXovreiv tcojs : where Dobree had referred to the present passage. § 202. ctXXd vrj Aia...Ka\(Ss SL(pKr]Kev] Both phrases occur Androt. § 69 and above § 176. For dicpKT]K€u with ace. of per- son, 'has managed her affairs nicely,' Dindorf compares Isae- p. 763.] KATA TIMOKPATOTS. 247 aWo 7]BiK6L, Kara rovr d^i6(; icTT dTToXcoXevai,' irk- irpaKe yap avrrjv, ovk eKSeBcoKe. rcov yap v/jLCTepcov i'^Opcov evl, K.€pKvpaL(p tlvI tQjV vvv i^^^ovrcov tt)v TToXtv, KaTaXvovTL Trap avroj ore Sevpo Trpea^evoi, Kal jSovXrjdivTC Xa^etv avTr)v (ef ov he rpoTrov, ira- paXel^lrw) Xa^oov apyvpiov BiBcoKe' Kal vvv eariv iv 203 'KepKvpa. 09 ovv rrjv p.ev dBeXcj^rjv iir^ e^aycoyfj (j)7]- <tI^ fiev €KBovvac, ireirpaKe Be rut epyo), tov Be avrov irarepa ovrco yrjporpocj^eL, KoXa/cevec Be Kal jjuiaOov ypd(j)eL Kal irdXiTeveraL, rovrov vp^el^ Xa^ovref; ovk diroKTevelre ; Bo^ere dpa, to dvBpe^ ^AdrjvaloL, Kpi- aei^ ^ovXeadat, Kal Trpdr/fiar ex^i'V, dXX^ ovk d'm}X- XvL'^dai Tcov Trovrjpwv. ^ (pqaei Z Bekk. Bens, cum 2. us Or. 7 (Apollodor.) § 6 avrov 6' eKetvov ovTu diipKTjaev iiriTpo- irevuv ucre rpioHv avrt^ toKclvtuv t'lKTjv ocpXeiu. el Kai ix7]5h aXko ^5^/cet] ' even if he were guilty of nothing else :' the imperf. expresses the abid- ing guilt. ' If he had committed no other crime ' would be 7j8Lkt}- cep. vixeripwv ex'^puv ivl'] Since the year 361 the oligarchs had had the upper hand at Corcyra, and the island had quitted the Athenian alliance. They were not at war (TroXe/xtoi), but poli- tically hostile [exdpoL). KaraXvovTi . . . irpecrfSeuoi] * who used to lodge at his house when- ever he came here as ambassa- dor.' The optative ' of indefi- nite frequency' shows that the man came more than once : and KaraXvovTi is therefore an im- perf. participle. § 203. i-jr' i^ayoryri...€K5ov- pat] The giving in marriage of an Athenian woman to a fo- reigner was itself illegal, as K. points out, referring to Diet. Antiq. s. v. ' Exagoges Dik6.' For the corresponding law a- gainst the marriage of a citizen with a foreign woman, Androt. § 3 71. Aristogiton is likewise accused of selling his sister (perhaps an illegitimate half- sister) : dvyarepa 5' eKeivrjs ottoxt- drjiroTe -yevofxkvT}v {iCi yap tovto), dW d5e\(pT]v ye, eV i^aywyrj diredoTo I. Aristog. p. 787 § 55. KoXaKevei ... TToXireveTai] pLi' cdov belongs to TroXtreuerat as well as to ypdcpei : ' is a hanger- on (is the dme damiiee of such people as Androtion, does their dirty work) and a hireling de- cree-drawer and politician.' dirr]XXdx6aL] The full mean- ing of the perf. infin. is 'to be at once and for ever quit :' § 60 11. So d^eiadaL in § 207. §§ 204—209. The man who passes a bad law is worse than a thief or common criminal. The thief injures only his victims, 248 KATA TIM0KPAT0T:S. [§§204-207. 204 Kal firjv oTL fiev irpoar/Ket iravra^i KoXa^eiv rov^ dBiKovvra^, €v olb^ on 7rdvre<; dv, e'l rt? epoiro, cf>7]- craire' o(T(p he fJudXicrra tovtov, 09 vofiov elaevrjvoy^ev €irl ^Xd/Srj Tov ttXtjOov;, iyo) ireipdcrofiat Bihd^ai. rwv jjuev yap /cXeTTTtSv koX XcottoBvtoov koX rd roiavra KaKOVpJOVVTCOV €Ka(TTO<^ TTpCOTOV fiev (W9 d\7}6od<^ TOV evTV')(0VT dhiKel, koI ovk dv ol6<; t elt] irdvra'^ e/c- hveiv ovhe rd irdvrtov v(^eKeadai, elra KaTai(T')(yvei 205 Tr]v avTov Bo^av Kal tov ^lov ijlovov. el he tc<; ela(f>ep€i vofiov ef ov rot? i;/xa? PovKopbivoL^; dhiKelv rj Trdaa i^ovaia Kal dSeta yevrjaerac, ovto<; oXrjv 764 dhiKel Trjv iroKiv Kal KaTai(T')(pvei 7rdvTa<;' v6/jlo<; yap ala-'^po'i orav KvpLo<; y, Trjf; TroXew? ovethof; iari T^? 6e/iievr]<;, Kal ^Xdirrei 7rdvTa<i oaoi irep dv avrw '^(^poovTaL, TOV ovv Kal ^XdiTTeLV vfid^; Kal Sof?;? and disgraces only himself: but the author of a law which gives impunity to crime both injures and disgraces the whole people (205). The first step in a revo- lution is usually the opening of prisons (206). I am not afraid of the defendants overthrowing your government : but remember, he has taken this revolutionary step (207). What would your feelings be, if you heard a yell at this moment lohich announced that the scum of your gaols had broken loose, and if Timocrates were the author of the mischief? Surely he would be hurried to execution without even a hear- ing (208). Well, his law not merely opens the prisons^ but as good as pulls them down, and the courts of justice with them : for it renders both useless (209). § 204. XwTToSorwi'] See on § 114 Ifxariov i^ \r]Kvdiov...iK Twv yvfipaaluu v<p^\oiTO, irpwrov fi^v...d5iK€Z] * in the first place he really injures only the man who falls in his way,' Tou iuTVxovra opp. to iravras. '0 ej'Tux'*"' is 'the first comer,' Isae. Or. 3 (Pyrrhus) § 61, Or. 9 (Astyph.) § 12. cKdveip] A word appropriate enough to Xwirodvrai ; but here perhaps opp. to ixpeXkadai of stripping with violence, as in Conon. p. 1259 § 8 i/xol irepiire- aovres to fxkv irpdoTOP i^kdvaav. § 205. Tj iraaa e^ovaia Kal ddeta] 'complete license and impunity.' i^ovaia is rare of unlaioful authority ; but com- pare Aeschin, Timarch. § 108 TOVTOV avTov Xa^ovra adeiav /cat i^ovalav Kal dpxv'^ rls dv eXirlaeiev dTToXeKonrhai. tl twv daeXyeaTa- Twv ^pyujv; For dSeia in this sense, Androt. § 25, above § 102. — Kvpios 77" ' is in force.' avT<^ Xp<ji}VTac] ' live under it.' §§ 139, 140 and elsewhere. p. 764] KATA TIM0KPAT0T2. 249 dpaTn/JLTrXdvac <^av\ifj^ eTnxeipovvTay tovtov ov ti/jlco- 206 prjaeaOe \aff6vTe<i ; koI tL (prjaeTe ; jvoltj 5' av ti<; ovTco jJLoXiaO* rjXLKa Trpdj/Jbara avo-Kevdaaf; jeypa- <f)ev avTov, koX ravB* a><i virevavria rfj Kadeo-rooarj TToXiTela, el XoylcratTO otl Trai/re?, oTav irov Kara- \vovTe<; TOP BP/fjiov irpdyfiaaiv iy^^^etpwac veoyrepoL<;, TovTO TToiovcTL iTpwTov dirdpTcov, eXvaav roi)? irpoTC- pov vofKp 8l dfiapTiav nvd tovttjv V7re^ovTa<i ttjv 207 BUrjv. TTft)? ovv OVK d^co'i ovTO<s, el Suvarov, r/ak, ou^ dira^ dTToXcoXivac, 09 el? ^v koI ov BtJttov fiiXXKov KaraXvecv vfid<;, dXXd Tovvavriov avro^ ev v/jllv, dv Tu BUaia KoX rd irpoarjKOVTa TrotrJTey diroXeaOaiy 56^7)S avaTrip-irXdvai ifyavXrjs] * cover you with infamy. ' Cf. Lept. p. 466 § 28 rijs di 7' ai- ffX^^V^ 6X?7i' avairiinr\7i<Tt. rrju iro- \iv, quoted by R. W. § 206. rjXlKa TrpdyfuiTa av- (rKevaaai\ 'with what deep de- signs he framed this law.' av- (TKeva^eLv is properly 'to pack up,' Lat. convasare; the literal sense occurs Plat. Theaet. 175 e (7Tpu}iJLaT68€a-fiov ixij €TriaTdfj.€VOi ava-Kevdcraadai. In the Orators the use of the verb is metaphor- ical, and found in all three voices: active here and Fals. Leg. p. 358 § 54 = 61 avavTa ravra eh iu \p-q(f>L(T [xa KartaKeva- cav. passive, ib. p. 365 § 76 = 86 77 iracra dirdTr] Kal rexfij cvu- ecKevdcrdTj tov irepl ^wKcas dXi- dpov: middle, ib. p. 438 § 303 = 346 (Tv<rK€vd^€<x6ai ttjv 'EWdda Kal U.eXoTrSyi'rjffov ^IXlttttov ^owu, 'forming them into a combi- nation against you,' and Plato I.e. OTav irov] * wherever. ' G. H. Schaefer observes that vov = ali- cubi, i.e. in any democratic go- vernment; oTov irov will there- fore = sicuhi. irpdyfiaaiv iyx^ip^o'i veurr^ pots'] Exactly = rebus novis studere, ' to aim at a revolution :' in this sense veibrepov tl irpdrretv is common, as well as vewTcpi^eiv^ but iyxetpetv does not seem to occur elsewhere. iXvaav] This aorist, follow- ing the presents iyxapt^o-i and woiovai, is rightly rendered as a present by K. Thus used it expresses what is wont to hap- pen, Jelf, Synt. § 402. 1 ; Mad- vig, Synt. § 111 a. Benseler less correctly turns all the verbs into the past tense. TatJTTju virexovTas tt]V UK-qv] ' those who are undergoing this punishment :' as in bovvai SiK-qv. § 207. fjt^XXuiu KaTaXv€iv...dTr- o\i<Tdai] The reading of the best secondary MSS. KaTaXiaeLv and dwoXeiadai ought certainly to be followed here. Cobet, who sometimes repeats himself, notices this point twice over, Nov. Lect. p. 780 and 3Iisc. Grit. p. 558: adding that it ought to have been restored in- vitis libris. Without dogma- tising with Phrynichus and Co- bet on this point, it may be 250 KATA TIMOKPATOTS. [§§ 208-210. o/xci)9 ifiifJLrjcraTO tovto rdBiKijfia, koX hia tov vofiov \v6LV rj^iaya-ev 0O9 BeBeKe rd BiKaarTjpia, <ypd'^a<i dvacBoQ<?, €L Tivi TrpoarerLfjLTjTac Bea/xov Kav to Xolttov 208 TLVL 7rpOaTL/JL7]a-7]Te, TOVTOV d(f)6LaOac. KOl flT^V el^ avTLKa Brf fjboKa Kpavyr/v aKovaaiTe irpo^ tw BiKa- GTrjpLw, elr eliroL ns «09 dvewKrat to Bea/jucoT^pLOV, ol Be Bea/jLa)Tai (jyevyovcrLv, ovBel'i ovt€ yipcov ovt 6\l- ryfopo<; oi>TO)<s^ ocrTL<; ov')(l ^orjOijaecev av KaO oaov BvpaTUL el Be Bt] r^? etVot irapeXOwv &)9 o tovtov^ d<^el'^^ ecTTLv ovToal, ovBe \6yov TV')(^(t)p ev6v<; dv 209 dira'^Oeh OavaTcp ^rj/jLccoOeir}. vvv tolvvv e^^ere, w ' e^Tts et mox aKoixrai Bens, cum Fv. '^ add iarlu Z Bekk. om. SAfikrs Bens, " d^tets Z Bekk. Illud 2 et Longin. remarked that in prose at least there is always a strong pre- sumption in favour of the future after ^eXXw. In verse a greater latitude was naturally allowed : yet Mr Kutherford's careful ex- amination shows that the ex- cej^tions amount to no more than four per cent, of the whole in Comedy, and somewhat more in Tragedy {New Phryn. p. 420 £f.). Lobeck, who devotes an appendix to the constructions of fji^Wb}, argues in favour of ad- mitting the pres. and aor. in prose as well {Phryn. p. 745 ff.). Koiu. . . TTpoaTLfji.rjarjTe] We have here the strict grammatical con- struction instead of •^...Trpocrrt- /xTjerj as in §§ 39, 72, 79, 93. An explanation of the apparent solecism has been suggested in the note on § 39 : Cobet wishes to alter all the rest into con- formity with the present pas- sage, reading everywhere kolu {Misc. Crit. p. 549). § 208. This appeal to the imagination of his hearers has been much admired by critics ancient and modern, beginning with the author of the treatise Trepl v\povs, c. 15 § 9 (ed. Weiske). Kennedy has quoted his re- marks from a French transla- tion : it may be as well to give the words of the original. Tt odv i] prjTopLKT] (pavraaia dvvarai ; IloXXd fJL^v iacos Kal dWa rois X6- 70ts evayiavLa Kal e/xiradij irpoa- eiacp^pcL' KaraKLpva/xhr] /mevTOi rats irpayfiaTLKOcs irnx'^LpyjaecFLv, ov ireldeL rbv cLKpoarrju fiovov, dXXa Kal dovXovTac. The writer then quotes the entire section, pro- bably from memory as there are a few verbal differences. avriKa 5ri fMoXa] Androt. § 65 w. dXlyupoi] ' indifferent. ' The pseudo-Longinus gives these words as ovdels ovrus, oUre yipwv oOre v^os, oXiytopds iarip: the condensed expression of the text is much more forcible. § 209. ^x^re] 'you have him in your power.' p. 765.] KATA TIMOKPATOTS. 251 dvhpe<; ^Adrjvaloi, tovtov, 09 ou^^l \adpa ire'irolrjKe rovro, aWa <f>€vaKL(Ta<^ koL irapaKpovau fievo^ VfMa^;^ vofJLOV reOeiKe^ (f)avepS<;, 0? ovk dvoLjvvao to Seafio)- 765 rrjptov, dWd Kadaipel, 'TrpoaTTepLeL\7]<f)e he koX ra Stfcaarr/pia. rh yap rj tovtcov tj eKetvcov 'x^pela, orav oh Terl/jLTjTai, Bea/jLov Xvwvrat, kclv to Xolttov TLprj- arjre rco, fjbrjSev v/jllv fj irXeov ; Aet Tolvvv v/JLd<i KaKelvo (TKOTrelv, on iroWol rdov ^FXkrjvcov TToXXa/ci? eicrlv iyjrrjiptcrfjLevoL tol^; v6fjL0i<; '^piJaOac T0Z9 vfierepoL^, e0' a> ^ikoTLjJLelaOe vfJL€L<;, eLKOTco^' o yap eiTrelv rivd ^acrcv iv v/jlIv, 0X7)6 h elvai fioL SoKeiy ore rovf; vofMov^ a7ravTe<; u7reiXr;0a- ariv, ocroL (TQ)(f>povovcri, rpoirov^ Trj<^ ttoXcco^. XP^ TOLVVV o-TTOvSd^ecv 07r&)9 W9^ ^e\TL(TTOL So^ovcTLV etvat, Kal Tov^ \v/jLaLvo/jL6vov^ Kal Bia(TTp6(j)ovTaf; avTov<f KoXd^etv, co<; el KaTappaOvixr^a-eTe, T7J<; (f)L\oTi/JLLa<; Te^ *> vfias om. Z. p ^drjKe Z cum S. 1 u>s om. Bens, cum 2Fv. ' om. Z Bekk. Bens, cum S. ^evaKla-as Kal TrapaKpovadfie^ it often is, the Athenian people vos] § 194 n. (§ 211 n.). TrpocnrepLeiXrjtpel §§ 44 71., 83. toi)s XyfiaLvofiivovs Kal diaarpi- — irXiov, § 130 n. ^ovras] 'those who corrupt and §§210,211. You justly pride impair them.' yourselves on the fact that many Karappg.dvfji.ijffeTe] Kightly Greek states have adopted your given in L. and S. as an active laws : and in the laics sensible verb, ' lose or miss from care- people look for the character of lessness :' not simply ' be weak a state. You must take care not or careless' {pq.dv[xeLv). Cf. i. to lose by remissness the distinc- Phil. p. 42 § 7 to, Kareppadv/xri' tion you now enjoy. You honour jxiva iraXiv \rj\pea9e. Xen. Hell. the authors of good legislation, vi. 2 § 39 firjTe KaTappq.dvixQ}v like Draco and Solon, even if fi-qre KarafieXwu ^aiveadai. jx-qUv, there is no other public service ' spoiling nothing either by su- that you can attribute to them : pineness or carelessness ;' an a reason for punishing this man, interesting passage on the mi- who legislates to abolish the litary character of Iphicrates. penalty that he is conscious of This sense of /card, in compounds having deserved. is discussed by Cobet, Nov. § 210. iv vfjup] ♦ a saying in Lect. p. 574 f . this court that I have heard of,' (piXoTiixias] Androt. § 73 n. K.: but vfuv may be simply, as 252 KATA TIMOKPATOTS. [§§ 211-213. TavT7j<; aTTOo-TepTja-eade koI Kara T7J<; TroXeax; Bo^av 211 ov %/3^crT77z/ TTOLrjaere. koX /jLrjv el %6\(ova koL Apa- fcovra SiKaLco^; iTracvelre, ouk av e-yovre^ elirelv ovhe- ripov KOLvbv evepyerrffi ovBev irXrjv on a-Vfi^epovra^ eOrjKav Kol KaXw<!; €yovTa<; v6fiov<?, Blkulov Brjirov koX Tot? virevavTicdf; ridela-iv eiceivoL<i opylXo)^ eyovra'^ Koi KoXd^ovTa^i (j)a[veaOaL. olBa Be Ti/jLOKpdTrjv, otl Tov vojJLov elcrevr]VO')(e tovtov ou;^ i^kktO^ virep avrov' TToXXa yap rjyelro nToXiTeveaOao irap vpXv al^ia Bea-fiov. 212 BovXofiao Tolvvv vjMV KOLKelvo BajyTJaaadaty '6 ^aai iroT elirelv XoXcova KarTjyopovuTa vofiov rti^o? § 211. ovK dp ^xojTes] ' Sub- audi etiamsi velitis s. siquis •cos interroget.' G. H. Schaefer. This would in Greek be d /3oi)- Xoiffffe or et ris ^potro : the par- ticiple with dv if replaced by a finite verb would be ovk dp ixotre. Madvig, Sijnt. § 184. VTrepaPTi(as...eKeLPois] 'in the contrary spirit to theirs,' i.e. to Draco and Solon, not iKelvoLs rots vdfiois. The two ancient legislators are mentioned in order of dignity, not of time. The reading of S, redelaip, is one of that copyist's ingenious blunders which ought to protect us from delusions concerning him : as if the Athenians were not merely to be angry with, but to punish, the laws them- selves and not the authors of them! TToWA 'ydp...Ze<Tiiod'\ 'for he thought that many of his poli- tical acts among you deserved imprisonment.' These speeches abound in expressions like Trap' vfup, ip vfup, appealing to the consciousness of a free people, by which the immediate hearers are reminded that they repre- sent their countrymen as a body (above, §§ 11, 16, 25, 37, 89, 117). So at Kome. How much the grand epitaph of Sci- pio Barbatus gains in impres- siveness by a similar touch: ' Consol Censor Aidilis quei fuit apud vos.' (Imitated in the inscription written by Baron Bunsen for Dr Arnold's monu- ment at Rugby, ' Christum prae- dicavit apud vos'). §§ 212—214. Apropos of So- lon, I will tell you of a saying at- tributed to him. He once asked a jury if they thought it right to punish a man with death for debasing the coin: when they assented, he argued that cor- rupting the law, the coinage of the state, was a worse crime than debasing money invented for the private dealings of ordinary ci- tizens (213), He added that many states had debased their coin and been none the worse for it, but no people who suffered their laws to be corrupted had long escaped national decay (214). p. 766.] KATA TIMOKPATOTS. 253 ovK iTriTr/Beiov Oevro^;. Xeyerac yap roi^ BcKao-raU avTov eoTrecv, iireiBr} rdXka Karrj'yopTja-eVy on v6/jL0<; iarlv airdaai^i co? eVo? elirelv Tal<; TroXeacv, eav tl<^ TO vofiiaixa hLa<fi6eipr), Odvarov rrjv ^rj/jLiav ehac. eirepcdTTjo-a^ he el BUaLo^ aurot? Kal Kakoo<^ ^X^^ ^ 213 v6fJL0<; (paiveruL, eVetS^ (jifjcrat tov^ BcKaarof;, elirelv 76^; on avT09 riyelrai dpyvpiov fiev vo/jlcct/jl elvau twv IBlcov o-uvaWayfjuaTcov eveKa Tol<i lBLcoTai<i evprjfievovy Toi)? Be vofjuov^; yyolro^ vo/xto-fia ttJ? TroXetw? elvac. BeXv Btj toi)9 St/cacrra? 7roWa> /xdWov, ec rt? t^? ^ TjyeTTai Bens. TjyeiTo Zkrsv. § 212. aTrd(xais...Tais wSXea-Lu] This was true until recently of modern civilised states : and sometimes with aggravations of the death penalty unknown to the sensitive Athenians. In England coining was not 'fe- lony' but 'petty treason:' the difference this made was that men were drawn on a hurdle to the gallows, women were burnt at the stake. In France also, before the Eevolution, it is stated that burning was the punishment of coiners. i ire purr) eras] After Xiyerat avrbv elirelv we should expect iirepcoTTjcravTa, but the construc- tion passes for a moment from the oblique to the direct, to re- turn immediately to the former in eireid-^ (f>ri(Tai... elirelv, eireidrj 8^ 4>rj(rai] For iwel, eTeid-^ with infin. in oratio ob- liqua, Madvig, Synt. § 163 : on relatives in general with infin, ib. § 169. The form of the Pla- tonic dialogues, in which con- versations are so often reported by one of the interlocutors, na- turally lends itself to long-con- tinued oblique construction : among these the Symposium affords, perhaps, the most strik- ing examples. § 213. ffvvaWay/jLa.TCJv'] For the distinction between avfi^b- \aiov (TvvdWayfMa and cwdrjKTj see Kennedy in Diet. Antiq. s.v. ' Symbolaeon:' cf. note on aw- aWdTTeiv § 192. TOis /SicJraiS evprj/xivou] Sup- posing this anecdote to be genu- ine, we have here an illustra- tion of the low estimate of commerce in Greek life. But on this it may be observed that in the great days of Athens the commercial spirit became much more developed: and that So- lon, who had himself depreci- ated the coinage in the interest of debtors, was not a good judge of the importance of ' hard mo- ney. ' We know, however, that his remedial legislation did not fail of its object. The xpewi' dTTOKoiral (§ 149 n. ) were heard of no more at Athens, the money standard was never again de- preciated, and the general feel- ing was one of high respect for the sanctity of contracts. Com- pare Grote, ch. xi. (ii. 310, ed. 1862). 254 KATA TIMOKPATOTS. [§§214-216. TrdXew? iarc vojjLLafjLa, tovto Siacpdelpec kol irapao-rj- fjUOV €la<p6p€Ly fJLtO-elv KOI KO\d^€LV, 7] €0 Tf9 €K€LVO 214 orclov ihiWTWV iariv. Trpoadelvac Se reKfjU'r^piov rod Kal fjuel^ov elvai TdhUrjpLa to tov<; vofxov^ BiacjiOelpetv ^ TO dpyvpLov, OTi dpyvplrp fMev TroXXal twv TToXecov KoX (f)aP€pQ)<i 7rpo9 ')(^aXKov kol jxoXvphov /c€Kpa/jL6V(p '^pcc/juevac (roo^ovrac Kal ovS^ otcovv irapd tovto Trd- a-')(Ovai, vofjLOL^ Be irovrjpol^^ ^pw/tez/ot Kal hta^det- peaOai. tov<; 6vTa<; i(iovTe<; ovBive^i ttcottot iacodrjcrav. TavTrj fxevTOL TJj Karrjyopla TifioKpdT7j<; evo')(o<; KaOe- (TTTjKe vvvl, Kal SLKai(o<; av vcj) v/u,oov tov Trpoa-rjKOVTO'^ TVyOL Tt/X?7yLtaT09. § 214. (pavepus . . . KeKpafiiv^}] The Greeks did not, like many French kings and some English, secretly alloy their silver coin with base metal, and so render it unavailable for foreign trade while giving it a forced currency at home. One hundred Solo- nian drachmas contained no more silver than 73 of the old : but the change was effected by reducing the size of the coin, not the purity of the metal. The Athenian money was ever after the best in Greece, and much in request throughout the Hellenic world (Xen. de Vect. 3 § 2. The Uopoi, a work of Xenophon's old age, is not far removed in date from the An- drotionea of Demosthenes. We are apt to forget the overlapping of these two distinguished ca- reers). Xpi^fJ-^vat crJj^ovrai] K. trans- lates * by openly using. ..saved themselves from ruin.' I do not think the bad money and the escape from ruin stand to one another in the relation of cause and effect ; and prefer to render, 'though they use... get safe out of it:' ado^eadac is opp. to diroWvffdaL, and so nearly = ovd' oTLOvv irdaxovaL. ovd^ves TrwTTor' i<ribdYi<xav] ' no state had escaped decline.' The plural ovdifes appears to be al- ways used, in prose, of aggre- gates or bodies of men, never of a plurality of individuals. See a good note of Shilleto's on Fals. Leg. p. 362 § 66 = 74 toi- avra ireirovdoTas ola ovdevcs aXXoi TUP 'EWn^yiov (which he trans- lates 'no other nation '). ib. p. 350 § 31 — 35 ovd^vas irpicr^eLs. I. Aphob. p. 815 § 7 tQv irw-n-OT €TnTpowevffdvT(i}p ovdepes ('no sets of ambassadors, guardians'). A somewhat doubtful instance to the contrary is in Hyperid. Epitaph, col. 13, 22 ovdipas ov- tcjjs olKeiovs ovd^ inaTOTipovs vfuv of Harmodius and Aristogiton. In poetry the meaning is less restricted : Eur. Androm. 700 6i>Tes ov8dv€i=:' being nobodies.' §§ 215—217. All authors of bad legislation ought to he pun- ished, and that in proportion to tlie importance of the laws they p. 766.] KATA TIM0KPAT0T2. 255 515 ^pv /^^^ ovv TTOLcnv opylXco^ ^'X^eiv, oa-oc TiOeaai vofjLov^ alay^pov^ Kol ttoz/t/jOoi)?, fidXcara Se tovtok; ot Tov<; TOCOVTOVf; tcov voficov Bta(f)0€lpov(7C, Bt* wv earcv rj fjLLKpav Tj fieyaXrjv elvat rrjv ttoXcv. elal 8' ovtol TLve<; ; ol re tov<; d8iKovvTa<; rificopovfzevoc kol oaoi 216 Tot9 liTLeiicka-i TCfid<; Tivd<;^ SiBoaaLV. el yap airavre^ 7rpo6vfir}6elev Troielv dyaSov re to fcoivov, rd^i TC/jLd<i Kal Ta9 Swpea? t<29 virep tovtcjv ^rfKc^xravre^, koI Trai/re? diroaralev rod KaKovpyelv \rj KaKov rt irpdr- reivY, Ta9 ^\d^a<; Kal rd^ ^7}/jbla(; ra? eVl tovtol^ K6C/JLeva<; (j)o/37] Sevres, ead^ n KcoXveu rrjv ttoXcv * Tivas om. Z Bekk. cum lihris praeter Fv. v, not. " sine uncis Z Bens. corrupt. The most important laws are those which punish lorong-doers and confer certain distinctions on the well-conduct- ed. If all Athenians ^ lived up to ' our existing laws, what would not Athens be, with her vast ma- terial resources (216) ? If on the other hand we suffered the laics to become as bad as Timocrates would make them, twice those re- sources would be useless for any great purpose. § 215, 5t' uv ^cFTLvl ' upon which it depends whether ' &c. Tots iTrL€iKi(Ti...^Lb6aai.v'\ The reading of S rt^ias tlvo.^ is right- ly accepted by Dindorf and Ben- seler. That the laws ought to reward virtue is a platitude, and at the same time a very doubt- ful proposition : that they ought 'to confer certain distinctions on the law-abiding' is more de- finite and less open to dispute. — iineiKrjs nearly = ytt^rpios, An- drot. § 25 n. §216. ^Xwo-ai^es] 'through striving zealously after;' or as K. 'from an ambition to win.' Cf. Lept. p. 500 § 14 tovt' iarl t6 iTnTr}S€Vfji,a ^rfKovvTiav aperriv. ib. p. 504 § 154 rds iiri rais euepyealaLi dojpeas f'T/Xwcraj'Tcs. The latter passage, occurring in the peroration of the Leptinea, bears a close resemblance to this and the preceding section. 77 KaKov Ti irpaTTeiv] Reiske was the first to bracket these words, and has been followed by nearly all editors. Benseler alone justifies the tautology on the ground that KaKovpyeiv bears a technical meaning, ' to commit a felony' (such as murder and the more serious cases of rob- bery, which were capitally pun- ished, Androt. § 26 n.), while KaKOV TI, irpoLTTeLU { = €^a/j.apTdi'€iv Androt. § 41) is applied to slight- er offences. But out of a mul- titude of references he has not produced a single instance of KaKOV TL Trpdrreiu for Troiuv or (more commonly) ipyd^eaduL. The parallel passage just noted (Lept. § 154) has KaKov n iroielv without KaKovpyeTv, whence the text has probably been patched. 256 KATA TIMOKPATOTS. [§§217,218. fieyia-Trjv elvai ; ov rpcr/peL^ o(Ta<; ovBefiia TroXt? 'E\- XrjvU KeKTTjTat; ov^ OTrXtra?; oi);^ lirirea'i ; ov Trpocr- ohov^) ov TOTToy?^; ov Xcfiiva^ ; ravra Be^ irdvTa 7^7 Ti (Tco^ec Kal avve')(eL', ol v6/jlol' Kara yap rovTov<^ ovo-Tjf; T779 TToXcTela^ €(tti ravTa '^prjaipLa rut koiv^. 217 el Be Tovvavriov yevono rol^ ')(pr)aTOi<; fjuev firjB* on- ovv irXeov, Tol<i 8' dBiKovcriv aBeia oarjv T i,/jL0KpdT7}<i 'yeypa(j)e, iroarj rapa^rj yevoir dv elKOTCD^) ev yap Xad' on TOVTCOV cov hie^rjXOov KTrjfiaTcov, ovS* el BU yevoid^ oaa vvv ecrriv, ovB^ otlovv dv ocfyeXo^; eir}. ovro<^ Toivvv ev tovtw toS vojjlw (^alverai, KaK(o<i eiri- " TOTTov Z Bens, cum 2. TOTTous] ' posts' in the mili- tary sense: for which, however, the usual word is x'^p''-°- ^ alone reads tovov, which Ben- seler adopts, explaining it of ' a commanding position.' There is a close parallel in iv. Phil, p. 135 § 10 Tuv d' 'Adrjvaiuv \t- {.L^wv . . . Kal ToaovTOiv Trpoaoduv Kal TOTTOV Kal 56077S. That speech is now universally admitted to be a fabrication : but among the genuine works we find i. Phil. p. 48 § 31 TOV TOTTOV T77S X(^po.s TTpbs rjv Tro\€fj.€CT€ : Fals. Leg. p. 367 § 84 = 95 ttjv aTTO TOV TOTTOV Kal TcSj' TT pay flOLT (j}V avTuiu VTTapxovaav dcr(pd\etav ttj TToXei. Another passage referred to by Benseler, F. L. p. 413 § 230 = 255 oXov TOTTOV Kal ttXc'iv 7j fivpiovs 6Tr\iTas...6TTws aixfia- XojToi yivuvTai ^iKIttttciJ cvjxTTa- pecTKevaaev seems to me to cut the other way and help to jus- tify the use of tottos as = x^piov, 'a fortified place.' On the whole however I incline to think that S has preserved the true reading. raOra 5^] In an interroga' y di} Bens, cum S. tive sentence this is preferable to ravTa drj (see various read- ings). § 217. adeia oarjv TL/ioKpaTTjs y^ypa(p€] 'as complete impu- nity as T. has provided' by his law. cC yap (ad' on] K. takes fcrre as imperative, Benseler as in- dicative. I think the former is right. iv TovT(i> T(^ voficp] These words, unless the text is cor- rupt, must be explained as by Kennedy and Benseler, 'in that department of law which pro- vides for the punishment of cri- minals,' 'grade in dem Punkte zu schwachen, wonach es Stra- fen giebt.' They would natu- rally refer, however, to the law of Timocrates: and the older scholars have proposed various bold emendations to make them do so : ovK eialv Lambinus, d'- KvpoL dalv Jurinus, <ppov8oi eialv Keiske. The very shght cor- rection of Sauppe, iv tovtc^} tQv v6p.03v, justifies the rendering given above, and is in other respects highly probable. N p. 767.] RATA TIMOKPATOT2. 25^ '^eipaof vfjbdi; TroLelu, Be* ov tol^ dhiKelv iiri^eLpova-iu elalv al TL/xoypLaL. 218 ndvTcov ovv €V6Ka T(Jov 6ip7]fM€VfJi)i> d^iov 6pyi<j6r)- vai /cal KoXdcrai koI TrapaSeiy/Jia iroirjcraL tovtov^ rot? dXX,OL<i' ftj? TO 7rpn(i)<; e'^eii' roL<; toiov-ol<;, kol Kara- '\lr7](f)l^6a6aL fiev, oXtyov Se Tifidv, iOi^etv Kol irpoht- hdcTKeiv ecFT ddt/celv vfjid<^ co? 7rX6LaT0v<;. ^ TovTov om. Z Bens, cum 2ks. expressed by a line above the preceding vowel has often dropt out: cf. Cobet, Nov. Led. p. 530 f. (paiverai €irLyeLp<2v'\ 'it is shewn that the defemlant is at- tempting' K. ' Offenbar un- ternimmt es dieser Mensch' Benseler. Cf. Anirot. § 21 n. § 218. Final appeal to the jury, not merely to convict but to award exemplary punish- ment. Trapideiyfxa TTOLrjaaLTouTov] See various readings. It is as easy to supply from the context an accus. after TroirjcraL as a dative after opytaOTJvai. : and Benseler may be right in omitting tov- TOV. dXiyov Sk TL/j.au^ Like deajnov TL/j.ai' § 39 and elsewhere. W. D. 17 GREEK INDEX. The figures refer to the Sections. A. a/3twTos, T. 141 d-yopoi, A. 77, 103 dyopdvo/j.os, T. 112 d5eccL, A. 42, T. 46 dduvaros, T. 135 aiaxpoKepdeia or -m, T. 195 airiav ix^'-^i o-lTidadat, T. 187 dKLvdK7]S, T. 129 dXia-KOfxaL, A. 53, T. 77 dWct J/-)) Aia, A. 69 diJ.(f>opiaKos, A. 76 a^'a7/ca^os, (ri'77ej'77S, T. 67 dvaypdcpeiv, T. o, 23, 42 dpddiKos, T. 191 dvddrifjLa, of a temple, A, 76 dvapLiiivrjCFKeiv tlvo. tl, T. 12 dj'aTfTyoai', A. 10, T. 13 dveffx^lJ^'n^^ -^j/ecrxo fCTji/, A. 68 dfOpuiros, i]f A. 56 dvTLypa(pe7s, A. 38 dvTtStao-ToXTj (late Greek) A. Arg. dTrayioyij, A. 26 dwa\\xTT€LV, T. 37 dTrai'rai' ctti ti, T. 193 direipjKaXos., A. 75 d-TrXm, A. 20 dTTo, parox., T. 6 diroyiyvwcrKeLv, A. 39 diroypd<pe.LV, dwoypacpT], A. 53 aTToOe/crqt, T. 161 dTToSexecr^at, A. 19 dirohoylcfaadaL, T. 108 aTToXf^eii', T. 13 o.TroTpiireadaL, T. 1, 104, 200 dTroxd-poTovelv, T. 12 aTrpojSovXevTOv, A. 5 dpprjTa, aTrdpprjTa, A. 61 apx^^'os, TraXaids, A. 14 apxft" fo^ dpxeadai, T. 42 do-^/3eia, A. 27 d<r€\7Tjs, A. 52 o/TTpdreia, T. 103 do'Tvvofioi, T. 112 aaxv/^ov^^^} A. 53 aryxeZi', dri^x^a? A. 55 ai)riKa 5?) /xdXa, A. 65 B. jSao-iXeus (arclion), A. Arg. A. 27 [iovX6VTln.ol VOfjLOC, T. 20 1\ yv<JpL/xos, A. 13 ypu}pifj.ujs, T. 6S ypi<p€Lu, ypd(fj€cr6ai, A. 26 ff. ypa<pr], A. 26 7i'/xi'dcna, T. 114 A. SeiJ'os, A. 25 ,, elweTu, A. 31 SeKdrv, T. 120 8^0) (bind) contracted, A. 6S drj/xeveLu, A. 53 drj/xoaios, A. 70 did and e^ confused, A. B 5td ixLKpov dpyvpLov, T, 201 ot' iavTod ?x^"'» A. 38. diadiKaaia, T, 13 5id5ucrts, T. 139 diaLTTlTTJS, A. 27 f. ()LaKpouea6ac, T. 132 5tdXy(ns, T. 139 SLeyyvrjaLs, T. 73 SieXe?;/, dieXiadai, T. 19 St/cata, iroielv rd, T. 52 5i«-acrr7/s /card drj/xovs, T. 112 5i/c7?, A. 26 SioLKelv, Sioi/cTjo-ts, T. 27, CB, 99 dLopi^eadai, T. 192 E. edXuKa, ijXiOKa, T. 77 €yypd(p€iv, T. 199 iyypa(pos, T. Arg, iyyvdu, kyyvdadai, A. 58 ^^7?!/ for ^^wj/, T. 7 e6'ds, A. 37 el with d*/, T. 154 —with oiJ, A. 18, 24, T. 53 INDEX. 259 61 with subj., T. 39 — -^OTL, T. 82 (Ubra, A. 22 f. elX-n-^at, T. 49 eiaayyeXiau, T. 63 eiffdyeiv, elffayuiyr), elaayuryijios, T. 10 €L<nrpa^LS, elairpaTTeiv, A. 44 6ts rouTo with gen., A. 10 d(T<popa remodelled, A. 41, 48: classes of, A. 61 U56eLv, T. 204 €K€1 = t6t€, a. 38 iKde7vai, T. 18, 23, 36 eKKbirreLV, T. 140 eKX^youres, eKXoyel^, A. 48, T. 40 €KTriirT€iv, A. 1 ^Xeov TToieiadaL, T. Ill i/j-avTov Treidu}, T. 6 ifjL^aWeiv, intrude, T. 103 iv interchanged with iirl A. 69 ivdrrj trpvTavda, T. 15, 39, 40 evbeLKvvvai, A. 33 ^udei^LS, A. 26 hSeKa, ol, A. 49 ?u€Ka, T. 65 ivex^pd^^i-fi A. 56 ^uoxo^i A. 69 e^ and 8id confused, A. 8 e^ay coy ri, T. 203 e^e77i;7?(Tts, T. 73 i^erdteaeaL, A. 66, T. 6, 173 i^ovaia 'license,' T. 205 eopaKa, iupaiia, A. 14 eiralTia, T. 105 ^ireLTa without 5e after TpiZrov p.iv, A. 17 iirl 'after,' A. 17 €Tnypd\f/ai, T. 42 e7riet/cT7S, A. 40 ixifieXrjTTJs, A. 63 iTrtaKevd^'eLV, A. 69 ^irLCFTdTT)^, A. 9 iiriTiiJiLov, T. 115 eTTix^ipoTovia, T. 20 ipyoXa^e7v, A, 49 ^pxofiai, Attic forms in use, T. 10 ^(TTii' a, A. 10 eTaipr]ai<!, A. 21 eu77^e/a, A. 78, T. 52 tUdvva^ T. 54 ^^eo-ij, T. 54 etprjyrjaLS, A. 26 Z. f^Xos, A. 73 f/jTTjrai, T. 11 H. TJ^a?, A. 37 rjXLd^eaeai, T. 50 -^Xiao-rt/fos opKos, T. 149 77\kos, T. 122 0. 0dTepa = KaKa., A. 12 deoiaexOpLa.^ A. 59 drjpiov, T. 143 idLwrr)^, A. 25, 37 lepopirivia, T. 29 UpoixvriiJiu-v, T. 150 UeTvpia, T. 12 tj/a c. indie, A. 21, 28, T. 48 K. Aral and 5^ with verb between, A. 33 KaKorex^toov dUrf, T. 54 KoXbs Kay ad OS, A. 32 Kara, 'applying to,' T. 59 Kara pleonastic, T. 32 — in compounds, T. 210 Karadvecrdai, A. 74 KaTapi.^fi(/)fa6ai, A, 27 KaTai<pa.dvfxeiv, T. 210 KaracTKevd^eLv, A. 2 Kar^X^'-^i -^' 49 Kvpy^, T. 150 KXrjeip, KXeieiv, A. 13 KoXd^etu, futures of, A. 39 KoXaKeikiv, T. 203 KoXXvTos, KoXvrrbs, T. 134 Kpiveiu = KaraKpiveiu, T. 134 Kpouca, T. 26 KvaficveaOai, T. 150 A. "K^yeiv dX-qdeiav, A. 6 'XiTToaTpaTLov ypa<p7}, T. 103 XLiroTa^iov ypacprj, T. 103 XoyoiroLos, T. 15 \<airo8vTT}s, T. 204 i:60 INDEX. M. ^leff vfiipav, T. 113 /i^XXw, constructions of, T. 207 /ierci, of a condition, T. 70 fx^Tpios, A. 25 fiT) tL ye, A. 45 M'jppivods, MvppivovTTa, T. 71 N. Nk?;, T. 121 vofxod^TaL, T. 21 i/oVos, T. 27, 33, 157 ^evia, T. 131 f. 0. oiV77/xa, T. 131 otoa-wep, attracted, A. 64, 77, T. 185. oXtyoaros, T. 19B oXiyov de?, T. 195 op.ujfJiopLaL, A, 4 'OwLaeodofios, T. 136 dpo^oT, A. 15 0:;0S, A. 16 oVot ixrjves, T. 141 01' after ft', A. 18, 24, T. 53 ov firjv dWa, A. 37 ovd' civ el, A. 45 ovd^ue^, T. 214 ovK edv, A. 8 dc/yeiXetu, 6<p\€?u, A. 34, T. 50 II. tradeiv rj diroTlaaL, T. 63 TraXatos, apx<^'os, A. 14 irapoL expressing proportion, A. 44 trap' eavTov, 'out of his own pocket,' A. 45, 48 Trapa puKpov, trap'' oXlyas ^rj(povi, of a narrow majority, A. 3, T. 138 Trapa^adTjvai, Trapa^e^acrdai, A. Arg. trapd^vcxTov, T. 47 irapdyeLV, A. 4 Trapaypd(f>€t.v, irapaypacprj, A. 34 irapahvvai, A. 48 irapaKpovacs, T. 194 irapaTrp€a(3€u€iv or -ecdai, T. 127 irapacKevi^eiv, A. 69 Trapedpevetv, T. 21 wapeaTTjKores {prjTopes), A. 37 Trapi(TT7)aav~ivLKr)dT)(rav, A. 15 irapoLvelv, A. 62 TrarpaXotas, T. 102 Ilfipaiws, 01 e/v, T. 134 Treiao/JLat ambiguous, T. 149 irip.iTTov /xepos, T. 7 irivTe rjfxiTdXavTa, A. 17 irevTerripU, irevTaeTTjols, T. 125 it'kttls 'proof,' A. 22 TrXtij/ for ttX^ov, T. 141 TTodoKdKKT], T. 105 TToXirela, A. 30 TToXXoo-ros, T. 196 TToXXou 5e?, T, 195 TTOfxirela, A. 48 irpd^Ls...elairpa^LS, 'exaction,' A. 46. Trp€<y^€VTal...irpi(T^€LS, T. 12 TTpodywv, irpoayCcv, A. 59 TrpoaLpetadai, T. 200 irpo^aXXeadai, T. 160 wpodoaia, T. 127 irpoedpoi, irpoedpeveLV, A. 9, T. 21 irpoeviropeladaL, T. 97 ■n-poteaOai, A. 37 Trpos, adverbial, A. 75 7rpoo-a7a>7ei)s, T. 161 Trpoaeviropeladai, T. 97 irpoaUaOaL, T. 156 7rpoaKaTd(SX7}/uia, T. 97 irpoaodos, 'access,' T. 48 TTpoa-TrepLXafx^d-eiv, T. 44 ■KpocTTLixdv, irpoarlpL-nixa, T. 2, 103 TrpoaTpi^eadaL, A. 75 IT poor (p^ pea d at, A. 69 TrpocrxXei/cifet// or TT/OOcre/cx^- T. 15 irpox^'-poTove'iv, T. 11 pq.8t.ov Trpayfxa, A. 42 0-K€l'/77, T. 114 (TKevT] (p^p€Lv, (TKevo(pope?v, A. 56 (TKipOCpOpLUJU, T. 15 orao-ts (rhetorical), A. Arg. o-u77ep'77S, ai'a7/ca?os, T. 67 auXa, crvXai, T. Arg. liVDEX. 261 <xvv8lkol, T. 23 avvedpoi, T. 127 (Tvvepelu, tenses of, A. 38 avveffTTjKores {priTopes), A. 87 auurjyopoL, T. 23 av(TKevd^€iv, T. 206 crXoXdfeti' riui or ^v tivl, A. 4 (Tui^etv, A. 64 (Tws monosyll., T. 106 T. rafjLias, A. 35, 70 TafMLCveii', T. 129 rd^is, T. 46^ TttuToz', TOiouroi', TocrovTov neuter, A. 2, 75, T. 183 TeKIXTlpLOV, A. 22 TerTapoLKOvra, oi, T. 112 T^f dpxw = o.pxn^^ adverbial, A. 5,32 rr/VLKavTa, T. 77 TifjiOipia, T. 87 T^TTot 'posts,' T. 216 TOO fX7] omitted with infin., T. 61 TpLrjpowoLoi, A. 17 Tpjiros, A. 8 T. {''/3/)£S, v^peois ypci(prj, A. 54 VKeprifiepos, T. 97 vTrrjperrjs, T. 14 viro\aix^dveLv, A. 4. vwQiriirTetu (late Greek), A. Arg. «^. (/)aG\os, A. 12, T. 85 (peuad^eLv, constructions of, A. 34 (()€uaK(.a/x6s, T. 194 <pe6.veLv, T. 143 (pLaX-rj, A. 69 (ptXoTLfxia, A. 73 <p\adpos, A. 12, T. 158 4>i/X^s, ot aTTO, T. 134 X. ■xipvL^ov, x^pvL^, A. 78 XOLVLKides, A. 72 XPVfJ-ari^ecu, T. 21, 29, 55 X/>'7A(.aTif60-^at, T. 201 Xp^trros, T. 53 xJ/evSofj aprvpLiSu diKt], T. 131 ^iXos Xd7os, A. 22 fi. (^ero 5e?;/, ironical, A. 32 diftos, A. 15 WTrrat, T. 66 w^Xe x'^'tts, T. 7 ENGLISH INDEX. The figures refer to the Sections. A. Academy, T. 114 accusative, double, T. 12, 198 alternative penaltv proposed by defendant, T. 138 ambassadors, rarely single, T. 138 ambiguities avoided in laws, T. 34 antithesis, examples of, A. 56, T. 128 aorist, rendered as a present, T. 206 — and perfect confused in late Greek, A. Arg. apologies for alluding to mis- fortunes, A. 55, 62, T. 132, 200 Archinus, T. 135 Aristophon, T. 11 atimia, when inherited, A. 34 attraction of nominative, T. 73 — unusual, A. 64, 77, T. 185 B. Badham, Dr. C, qitoted, A. 25 Bentley quoted, A. 12 blending of two modes of ex- pression, A. 1, 17, 29, 35 blinding abhorrent to Greek manners, T. 140 262 INDEX. C. Caillemer, Prof. E. quoted, A. 27, T. 112 Callistratus, orator, A. 66, T. 135 Campbell, Prof. L., on Sopho- cles, quoted, T. 32, 39 checking-clerks, A. 38 citizens, number of Athenian, A. 35 clannishness of ancient life, T. 67 clap-trap, T. 37 Cleon, T. 126 coin, debasement of, in France and England, T. 213 — excellence of Athenian, ihid. coining, punishment of false, T. 212 commerce, hazardous nature of, A. 37 — low estimate of, T. 213 contractions, exceptional (in verbs), A. 68; (in nouns), T. 138 Cope, E. M. (on Aristotle's Khetoric) quoted, A. 22, T. 73 Corcyra, politics of, T. 149, 202 corrupt passages, A. 20, 67, 74, T. 171, 187, 217 cross-examination little prac- tised, A. 23, 47 Ciirtius, Prof. CI., A. 15, 64 Cynosarges, T. 114 D. daric, value of, T. 129 dative of the agent, T. 187 Dawes's canon, T. 55, 107 debtors, state, T. 96 Decelea, A. 15, T. 128 deficits, A. 48, T. 79, 97 Diaetetae, two kinds of, A. 27 — number of, ibid, dicasteries, composition of, T. 9 Dindorf, his text departed from, T. 59, 195 dishonesty, proneness to, A. 48, T. 79 distraint at Athens, A. 56, T. 197 district judges, T. 112 distrust of public men, T. 193 Dobree's Adversaria, quoted, A. 4, 8, 42, 59, 74, T. 42, 47, 102, 137 E. Egypt at war with Persia, T. 12 Eleven, powers of the, T. 63 emendations proposed, T. 37, 141 enacting clauses in Greek and Latin, T. 20 enallage of dual, T. 9 epanadiplosis, A. 78 Epistates, T. 21; two kinds of, ibid. Eponymi, T. 18 Euboea, relief of, A. 14 Eucleides, archonship of, T. 42, 133 Eumolpidae, A. 27 Evander (archon), T. 42, 138 exclusiveness of Athenian de- mocracy, A. 48, T. 103 F. final conjunctions with past tenses of indie, A. 21, 28, T. 48 foreign marriages forbidden, A. 3, T. 203 forfeitures, various, T. 45 frivolous accusations, penalty for, A. 3, T. 7 futurum exactum (paulo post futurum), T. 85 Gallenga, Mr, quoted, T. 78 genitive after els tovto, A. 16 — of final cause, T. 36 — of price after TLfjt,a.v, T. 39, 218 Glauketes, T. 128 Grands Jours (extraordinary assizes), T. 76 ' Gymnasia, public and private, T. 114 INDEX. 263 H. Hager, Dr Herman, on Eisan- gelia, T. 63 Harpociation, quoted, A. Arg. A. 20, 26, 30, 38, 48, 66, 78, T. 37, 50, 126, 134, 158 heliastic oath, T. 21, 68, 149 ff. hiatus, A. 31, T. 55, 72, 183 Hypereides on Athenian juries, T. 175 I. imperfect, infinitive and parti- ciple, A. 25, 41, T. 7, 202 impietj^ prosecutions for, A. 27 iniijoverishment of Athenian exchequer, period of, A. 48 imprisonment, limits of, A. 27 inconsistent laws, T. 32 — 35 indeclinable use of irXcov and ^XaTTov, T. 141 indicative interchanged with optative, A. 36, 66 indifference to human life, A. 48, T. 125 infinitive of the perfect, T. 60, 84, 115, 203 ingratitude to sons of great men, T. 127 inscriptions quoted, A. 27, 64, T. 11, 134, 150 ironical use of i^ero Seiu, A. 22, 56, 63; of r)^iu}<xei', T. 65 Isocrates, imitated by Demo- sthenes, T. 46 J. Jebb, Prof. E. C, quoted, A. 26, T. 72, 103, 138 juries, numbers of, T. 9 juries, attitude of counsel to- wards, A. 11, 42, T. 75, 175 K. Kronia, festival of, T. 26 L. Laches, T. 126 laws, new, exhibited in writing, T. 18 legal language, archaisrhs in, T. 39, 42 license of invective at Athens and Bome, T. 143 Livy, quoted, T. 75 Lobeck on Soph. Ajax quoted, T. 6 — on Phrynichus quoted, T. 125, 207 Locri, laws of Zaleucus at, T. 139 ff. Longinus (or pseudo-Longinus) Trepl v-spovs quoted, T. 208 Lord Campbell's Act (law of hbel), A. 62 Lyceum, T. 114 M. Mahaffy, Prof. J. P., quoted, A. 35, 48, 54, 78, T. 79, 125, 136 majority, age of, T. 151 Manzoni, Proviessi Sposi, T. 76 Mausolus, T. 12 Melanopus, T. 126 f. military offences, T. 103 N. Naucratis, T. 11 Nausinicus, changes in the archonship of, A. 44 negative after verbs of thinking, T. 72 Nomothetae, T. 21 — numbers of, T. 27 0. Oligarchical insolence, T. 76 Olympieion long unfinished, A. 76 Oriental mind, resemblance to, T. 128 — contrasts to, A. 75, T. 140 P. Paley, Prof. F. A., quoted, A. 17, 38, 62, T. Ill Paiiathenaea, T. 26 Parthenon, date of, A. 13 — treasury of, T. 136 perfect and aorist confused in late Greek, A. Arg. perfect passive, doubtful forms of, A. 4, T. 175 — with dat. of agent, T. 187 Perrot, Mons. G., quoted, A. 27, T. 149 personal dignity, T. 112 264 INDEX. Plato's Laws, T. 112 political economy, T. 136 prisoners released on parole, A. 68, T. 125 privilepia, T. 18, 59, 60 procedure, Attic, A. 26 Proedri, T. 21 pronouns, change of, T. 122, 198 pronunciation, modern Greek, T. 85, 171 Propylaea, date of, A. 13 prosecutions of orators and generals, A. 66 prytanies,lio\v arranged, A. Arg. prytany, ninth, T. 15, 40, 87 putting questions to the vote, responsibility for, A. 9, T. 50 Q. quantity of a in d\tcr/co/iai, T, 77 QuintiLan referred to, A. Arg. E. relative with infin. in orat. obi., T. 212 repealing statutes, T. 32 restitutions, twofold or tenfold, T. 82, 105, 114 restored democracy, characteris- tics of, T. 154. See also Eucleides. retrospective legislation, T. 42 ff. 57 f. revenge, Greek view of, A. 3 revolutionary times, characte- ristics of, "T. 149 Eutherford's Ne2v Phryinclms quoted, A. 4, T. 125, 129 S. Sainte-Amponle, T. 129 Sandys, Mr. J. E., quoted, A. 3, 26, 38, 59, 62, 66, 75, T. 72, 111, 114, 160, 199 Saunpe, Prof. Hermann, conjec- tures by, T. Ill, 139, 217 Scipio Barbatus, epitanh of, T. 211 self-respect, Demosthenes' growth in, T. 78 Shilleto, E., on dc Faha Let/a- tioni', quoted, A. 12, ll, 34, 37, 40, 62, 68, T. 21, 67, 82, 111, 132, 157, 214 Smith, P. Vernon, EmjUsh In- stitutions, A. 62 Solon, A. 25, 30, T. 103, 106, 211 f. Sophocles' love of artificial ex- pression. T. 196 sureties required to be substan- tial, T. 85, 144 T. taxes, farmers of, T. 40, 59 theft, various remedies for, A. 26 — laws of, T. 105, 113, 114 Theognis a witness to political dissensions, T. 149 Thirty, the, A. 52, T. 42, 56 f. 76 — liberators of Athens from, T. 134 Thompson, Eev. Dr, on Plato, A 13 22 25 Thrasybulu's of Collytus, T. 134 Thucydides on the Eevolution of 411, T. 154 tithes, different kinds of, T. 120 treason not always cai)itally punished, T. 127 treuga Dei, T. 29 Trevelyan's Early Life of Fox, T. 76 V. Valckenaer quoted, A. 12 variety, love of, A. 36, T. 32, 82 verbs in -eijo, T. 129 vicarious penalties, T. 141 Victory, statue of, T. 121 X. Xenophon, a passage in Helle- nica explained, T. 73 — the llopoL a work of his old age, T. 214 Z. Zaleucus, laws of, T. 139 Zetetae, T. 11 CAMBBIDGB : PBINTBl) BY C. J. CLAY, M.A. & SON, AT THB C:JIVBll31Ty PKBSS. University Press, Cambridge, January^ 1882. CATALOGUE OF WORKS PUBLISHED FOR THE SYNDICS OF THE CAMBRIDGE WAREHOUSE, 17 PATERNOSTER ROW. Cambrttisc: DEIGHTON, BELL, AND CO. Heipiis; F. A. BROCKHAUS. 3000 PUBLICATIONS OF THE HOLY SCRIPTURES, &c. 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Head Master of Ipswich School, late Fellow of Trinity College, Cambridge. Crown 8vo. 7^. 6d. THEOPHILI EPISCOPI ANTIOCHENSIS LIBRI TRES AD AUTOLYCUM edidit, Prolegomenis Versione Notulis Indicibus instruxit GULTELMUS GiLSON Humphry, S.T.B.- Collegii San^iss. Trin. apud Cantabri- gienses quondam Socius. Post 8vo. ^s. THEOPHYLACTI IN EVANGELIUM S. MATTH.5LI COMMENTARIUS, edited by W. G. Humphry, B.D. Prebendary of St Paul's, late Fellow of Trinity College. Demy 8vo. 'js. 6d. TERTULLIANUS DE CORONA MILITIS, DE SPECTACULIS, DE IDOLOLATRIA, with Analysis and English Notes, by George Currey, D.D. Preacher at the Charter House, late Fellow and Tutor of St John's College. Crown 8vo. $5. THEOLOGY— (ENGLISH). WORKS OF ISAAC BARROW, compared with the Original MSS., enlarged with Materials hitherto unpubhshed. A new Edition, by A. Napier, M.A. of Trinity College, Vicar of Holkham, Norfolk. 9 Vols. Demy 8vo. £'^. y. ' TREATISE OF THE POPE'S SUPREMACY, and a Discourse concerning the Unity of the Church, by ISAAC Barrow. Demy 8vo. js. 6d. PEARSON'S EXPOSITION OF THE CREED, edited by Temple Chevallier, B.D. late Fellow and Tutor of St Catharine's College, Cambridge. New Edition. [/;/ the Press. AN ANALYSIS OF THE EXPOSITION OF THE CREED written by the Right Rev. John Pearson, D.D. late Lord Bishop of Chester, by W. H. Mill, D.D. laie Regius Professor of Hebrew in the University of Cambridge. Demy 8vo. cloth. 5^. London: Cambridge Warehouse, 17 Paternoster Row, THE CAMBRIDGE UNIVERSITY PRESS. 7 WHEATLY ON THE COMMON PRAYER, edited by G. E. Corrie, D.D. Master of Jesus College, Examining Chaplain to the late Lord Bishop of Ely. Demy 8vo. ']s. 6d. C^SAR MORGAN'S INVESTIGATION OF THE TRINITY OF PLATO, and of Philo Judseus, and of the effe6ls which an attachment to their writings had upon the principles and reasonings of the Fathers of the Christian Church. Revised by H. A. Hold EN, LL.D. Head Master of Ipswich School, late Fellow of Trinity College, Cambridge. Crown 8vo. 4J'. TWO FORMS OF PRAYER OF THE TIME OF QUEEN ELIZABETH. Now First Reprinted. Demy 8vo. 6d. "From 'Collections and >Jotes' 1S67 — of Occasional Forms of Prayer, but it had 1876, by VV. Carew Hazlitt (p. 340), we learn been lost sight of for 200 years.' By the that — 'A very remarkable volurue, in the kindness of the present possessor of this original vellum cover, and containing 25 valuable volume, containing in all 25 distinct Forms of Prayer of the reign of Elizabeth, publications, I am enabled to reprint in the each with the autograph of Humphrey Dyson, following pages the two Forms of Prayer has lately fallen into the hands of my friend supposed to have been lost." — Extract front Mr H. Pyne. It is mentioned specially in the Pkeface. the Preface to the Parker Society's volume SELECT DISCOURSES, by John Smith, late Fellow of Queens' College, Cambridge. Edited by H. G. Williams, B.D. late Professor of Arabic. Royal 8vo. yj. dd. "The 'Select Discourses' of John Smith, with the richest lights of meditative genius... collected and published from his papers after He was one of those rare thinkers in whom his death, are, in my opinion, much the most largeness of view, and depth, and wealth of considerable work left to us by this Cambridge poetic and speculative insight, only served to School [the Cambridge Platonists]. They evoke more fully the religious spirit, and have a right to a place in English literary while he drew the mould of his thought from history." — Mr Matthew Arnold, in the Plotinus, he vivified the substance of it from Contemporary Review. St Paul." — Principal Tulloch, Rational "Of all the products of the Cambridge Theology in England in the zjth Century. School, the 'Select Discourses' are perhaps "VVe may instance Mr Henry Griffin the highest, as they are the most accessible Williams's revised edition of Mr John Smith's and the most widely appreciated, ..and indeed 'Select Discourses,' which have won Mr no .spiritually thoughtful mind can read them Matthew Arnold's admiration, as an example unmoved. They carry us so directly into an of worthy work for an University Press to atmosphere of divine philosophy, luminous undertake." — Times. THE HOMILIES, with Various Readings, and the Quotations from the Fathers given at length in the Original Languages. Edited by G. E. CORRIE, D.D. Master of Jesus College. Demy 8vo. js. 6d. DE OBLIGATIONE CONSCIENTI^ PR^LEC- TIONES decern Oxonii in Schola Theologica habitae a Roberto Sanderson, SS. Theologise ibidem Professore Regio. With English Notes, including an abridged Translation, by W. Whewell, D.D. late Master of Trinity College. Demy 8vo. js. 6d. London : Catnbridge Warehouse^ 1 7 Paternoster Row, s PUBLICATIONS OF ARCHBISHOP USHER'S ANSWER TO A JESUIT, with other Trafts on Popery. Edited by J. Scholefield, M.A. late Regius Professor of Greek in the University. Demy 8vo. 7J. 6^. WILSON'S ILLUSTRATION OF THE METHOD of explaining the New Testament, by the early opinions of Jews and Christians concerning Christ. Edited by T. TURTON, D.D. late Lord Bishop of Ely. Demy 8vo. ^s, LECTURES ON DIVINITY delivered in the University of Cambridge, by John Hey, D.D. Third Edition, revised by T. TURTON, D.D. late Lord Bishop of Ely. 2 vols. Demy 8vo. \^s. ARABIC AND SANSKRIT. POEMS OF BEHA ED DIN ZOHEIR OF EGYPT. With a Metrical Translation, Notes and Introduction, by E. H. Palmer, M.A., Barrister- at- Law of the Middle Temple, Lord Almoner's Professor of Arabic and Fellow of St John's College in the University of Cambridge. 3 vols. Crown 4to. Vol. I. The Arabic Text. \os. 6d. ; Cloth extra. ii,s. Vol. IL English Translation. ios.6d.\ Cloth extra. 15J. Professor Palmer's activity in advancing metre, for imitation, either designed or un- Arabic scholarship has formerly shown itself in the production of his excellent Arabic Grammar, and his Descriptive Catalogue of Arabic MSS. in the Library of Trinity Col- lege, Cambridge. He has now produced an admirable text, which illustrates in a remark- able manner the flexibility and graces of the language he loves so well, and of which he seems to be perfect master.... The Syndicate of Cambridge University must not pass with- out the recognition of their liberality in bringing out, in a worthy form, so important an Arabic text. It is not the first time that Oriental scholarship has thus been wisely subsidised by Cambridge." — India?i Mail. "It is impossible to quote this edition with- out an expression of admiration for the per- fection to which Arabic typography has been brought in England in this magnificent Ori- ental work, the production of which redounds to the imperishable credit of the University of Cambridge. It may be pronounced one of the most beautiful Oriental books that have ever been printed in Europe : and the learning of the Editor worthily rivals the technical get-up of the creations of the soul of one of the most tasteful poets of Isl^m, the study of which will contribute not a little to save honour of the poetry of the Arabs," — Mythology among the Hebrews (Engl. Transl.), p. 194. "For ease and facility, for variety of conscious, of the style of several of our own poets, these versions deserve high praise We have no hesitation in saying that in both Prof Palmer has made an addition to Ori- ental literature for which scholars should be grateful ; and that, while his knowledge of Arabic is a sufficient guarantee for his mas- tery of the original, his English compositions are distinguished by versatility, command of language, rhythmical cadence, and, as we have remarked, by not unskilful imitations of the styles of several of our own favourite poets, living and dead." — Saturday Review. " This sumptuous edition of the poems of Beha-ed-din Zoheir is a very welcome addi- tion to the small series of Eastern poets accessible to readers who are not Oriental- ists. ... In all there is that exquisite finish of which Arabic poetry is susceptible in so rare a degree. The form is almost always beau- tiful, be the thought what it may. But this, of course, can only be fully appreciated by Orientalists. And this brings us to the trans- lation. It is excellently, well done. Mr Palmer has tried to imitate the fall of the original in his selection of the English metre for the various pieces, and thus contrives to convey a faint idea of the graceful flow of the Arabic Altogether the inside of the book is worthy of the beautiful arabesque binding that rejoices the eye of the lover of Arab art." — Academy. London: Cambridge Warehouse^ 17 Paternoster Row, THE CAMBRIDGE UNIVERSITY PRESS. 9 nalopAkhyanam, or, the tale of NALA ; containing the Sanskrit Text in Roman Characters, followed by a Vocabulary in which each word is placed under its root, with references to derived words in Cognate Languages, and a sketch of Sanskrit Grammar. By the Rev. THOMAS Jarrett, M.A. Trinity College, Regius Professor of Hebrew, late Professor of Arabic, and formerly Fellow of St Catharine's College, Cambridge. Demy 8vo. \os, NOTES ON THE TALE OF NALA, for the use of Classical Students, by J. Peile, M.A. Fellow and Tutor of Christ's College. Demy 8vo. I2J-. GREEK AND LATIN CLASSICS, &c. (See also pp. 24-27.) A SELECTION OF GREEK INSCRIPTIONS, With Introductions and Annotations by E. S. Roberts, M.A. Fellow and Tutor of Caius College. {Preparing. THE AGAMEMNON OF AESCHYLUS. With a Translation in English Rhythm, and Notes Critical and Ex- planatory. By Benjamin Hall Kennedy, D.D., Regius Professor of Greek. Crown 8vo. cloth. 6j". " One of the best editions of the master- tion of a great undertaking." — Sat. Rev. piece of Greek tragedy." — Athefia-Jtm. "Let me say that 1 think it a most admira- " By numberless other like happy and ble piece of the highest criticism I like weighty helps to a coherent and consistent your Preface extremely; it is just to the text and interpretation, Dr Kennedy has point." — Professor Paley. approved himself a guide to Aeschylus of " Professor Kennedy has conferred a boon certainly peerless calibre." — Contemp. Rev. on all teachers of the Greek classics, by caus- "Itis needless to multiply proofs of the ing the substance of his lectures at Cam- value of this volume alike to the poetical bridge on the Agamemnon of i^schylus to translator, the critical scholar, and the ethical be published...This edition of the Agamemnon student. We must be contented to thank is one which no classical master should be Professor Kennedy for his admirable execu- without." — Exauiiner. THE CEDIPUS TYRANNUS OF SOPHOCLES by the same Editor. Crown 8vo. Cloth ds. THE THEiETETUS OF PLATO by the same Editor. Crown 8vo. Cloth. ']s. 6d. PLATO'S PHiEDO, literally translated, by the late E. M. Cope, Fellow of Trinity College, Cambridge. Demy 8vo. $s, ARISTOTLE.— HEPI AIKAIOXTNHS. THE FIFTH BOOK OF THE NICOMACHEAN ETHICS OF ARISTOTLE. Edited by Henry Jackson, M.A., Fellow of Trinity College, Cambridge. Demy 8vo. cloth. 6^. "It is not too much to say that some of Scholars will hope that this is not the only the points he discusses have never had so portion of the Aristotelian writings which he much light thrown upon them before. . . . is likely to edit." — Athe7icBtnn. ARISTOTLE'S PSYCHOLOGY, with a Translation, Critical and Explanatory Notes, by Edwin Wallace, M.A., Fellow and Tutor of Worcester College, Oxford. \In the Press, Lofidon: Cambridge Warehouse^ 17 Paternoster Row, 1—5 lO PUBLICATIONS OF ARISTOTLE. THE RHETORIC. With a Commentary by the late E. M. CoPE, Fellow of Trinity College, Cambridge, revised and edited by J. E. Sandys, M.A., Fellow and Tutor of St John's College, Cambridge, and Public Orator. With a biographical Memoir by H. A. J. MUNRO, M.A. Three Volumes, Demy 8vo. £\. \\s. 6d. "This work is in many ways creditable to the University of Cambridge. The solid and extensive erudition of Mr Cope himself bears none the less speaking evidence to the value of the tradition which he continued, if it is not equally accompanied by those qualities of speculative originality and independent judg- ment which belong more to the individual writer than to his school. And while it must ever be regretted that a work so laborious should not have received the last touches of its author, the warmest admiration is due to Mr Sandys, for the manly, unselfish, and un- flinching spirit in which he has performed his most difficult and delicate task. If an English student wishes to have a full conception of what is contained in the Rhetoric of Aris- totle, to Mr Cope's edition he must go." — A cadevty. "Mr Sandys has performed his arduous duties with marked ability and admirable tact When the original Com- mentary stops abruptly, three chapters be- fore the end of the third book, Mr Sandys carefully supplies the deficiency, following Mr Cope's general plan and the slightest available indications of his intended treat- ment. In Appendices he has reprinted from classical journals several articles of Mr Cope's ; and, what is better, he has given the best of the late Mr Shilleto's 'Adversaria.' In every part of his work — revising, supple- menting, and completing — he has done ex- ceedingly well." — Exanmier. PRIVATE ORATIONS OF DEMOSTHENES, with Introductions and English Notes, by F. A. Paley, M.A. Editor of Aeschylus, etc. and J. E. Sandys, M.A. Fellow and Tutor of St John's College, and Public Orator in the University of Cambridge. Part I. Contra Phormionem, Lacritum, Pantaenetum, Boeotum de Nomine, Boeotum de Dote, Dionysodorum. Crown 8vo. cloth. 6j. Mr Paley's scholarship is sound and literature which bears upon his author, and the elucidation of matters of daily life, in the delineation of which Demosthenes is so rich, obtains full justice at his hands We hope this edition may lead the way to a moie general study of these speeches in schools than has hitherto been possible." — Academy. Part II. Pro Phormione, Contra Stephanum I. II. ; Nicostratum, Cononem, Calliclem. 'js. 6d. accurate, his e.xperience of editing wide, and if he is content to devote his learning and abilities to the production of such manuals as these, they will be received with gratitude throughout the higher schools of the country. Mr Sandys is deeply read in the German "To give even a brief sketch of these speeches [Pro Phonnioiie and Contra Ste- phanujji\ would be incompatible with our limits, though we can hardly conceive a task more useful to the classical or professional scholar than to make one for himself. .... It is a great boon to those who set them- selves to unravel the thread of arguments pro and con to have the aid of Mr Sandys's excellent running commentary .... and no one can say that he is ever deficient in the needful help which enables us to form a sound estimate of the rights of the case It is long since we have come upon a work evincing more pains, scholar- ship, and varied research and illustration than Mr Sandys's contribution to the 'Private Orations of Demosthenes'." — Sat. Rev. " the edition reflects credit on Cambridge scholarship, and ought to be ex- tensively used." — AthencEum. PINDAR. OLYMPIAN AND PYTHIAN ODES. With Notes Explanatory and Critical, Introductions and Introductory Essays. Edited by C. A. M. Fennell, M.A., late Fellow of Jesus College. Crown 8vo. cloth. 9^-. "Mr Fennell deserves the thanks of all classical students for his careful and scholarly edition of the Olympian and Pythian odes. He brings to his task the necessary enthu- siasm for his author, great industry, a sound judgment, and, in particular, copious and minute learning in comparative philology. To his qualifications in this last respect every page bears witness." — AthencP7iin. "Considered simply as a contribution to the study and criticism of Pindar, Mr Fen- nell's edition is a work of great merit. But it has a wider interest, as exemplifying the change which has come over the methods and aims of Cambridge scholarship within the last ten or twelve years. . . . Altogether, this edition is a welcome and wholesome sign of the vitality and development of Cambridge scholarship, and we are glad to see that it is to be continued." — Saturday Review. THE NEMEAN AND ISTHMIAN ODES. [Bi the Press. THE CAMBRIDGE UNIVERSITY PRESS. II THE BACCHAE OF EURIPIDES. with Introduction, Critical Notes, and Archaeolos-ical Illustrations, by J. E. Sandys, M.A., Fellow and bridge, and Public Orator. Crown Tutor of St John's College, Cam- 8vo cloth. 10J-. 6d. " Of the present edition of the BaccJue by Mr Sandys we may safely say that never before has a Greek play, in England at least, had fuller justice done to its criti- cism, interpretation, and archaeological il- lustration, whether for the young student or the more advanced scholar. The Cambridge Public Orator may be said to have taken the lead in issuing a complete edition of a Greek play, which is destined perhaps to gain re- doubled favour now that the study of ancient monuments has been applied to its illustra- tion." — Saturday Review. " Mr Sandys has done well by his poet and by his University. He has given a most welcome gift to scholars both at home and abroad. The illustrations are aptly cho.sen and delicately executed, and the apparattis criticus, in the way both of notes and indices is very complete." — Notes and Queries. " The volume is interspersed with well- executed woodcuts, and its general attractive- ness of for'u reflects great credit on the University Press. In the notes Mr Sandys has more than sustained his well-earned reputation as a careful and learned editor, and shows considerable advance in freedom and lightness of style Under such cir- cumstances it is superfluous to say that for the purposes of teachers and advanced stu- dents this handsome edition far surpasses all its predecessors. The volume will add to the already wide popularity of a unique drama, and must be reckoned among the most im- portant classical publications of the year."— A theftcEuin. "This edition of a Greek play deserves more than the passing notice accorded to ordmary school editions of the classics. It has not, like so many such books, been hastily produced to meet the momentary need of some particular examination ; but it has employed for some years the labour and thought of a highly finished scholar, whose aim seems to have been that his book should go forth totus teres atque rotundjis, armed at all points with all that may throw light upon its subject. The result is a work which will not only assist the schoolboy or under- graduate in his tasks, but will adorn the Ubrary of the scholar." . . " The description of the woodcuts abounds in interesting and suggestive information upon various points of ancient art, and is a further instance of the very thorough as well as scholar- like manner in which Mr Sandys deals with his subject at every point. The com- mentary (pp. 87 — 240) bears the same stamp of thoroughness and high finish as the rest of the work. While questions of technical grammar receive due attention, textual cri- ticism, philology, history, antiquities, and art are in turn laid under contribution for the elucidation of the poet's meaning. We must leave our readers to use and appreciate for themselves Mr Sandys' assistance." — T/te Guardian. M. TULLI CICERONIS DE FINIBUS BONORUM ET MALORUM LIBRI QUINOUE. The text revised and ex- plained ; With a Translation by J AMES S. Reid, M.L., Fellow and Assistant Tutor of Gonville and Caius College. [/;? the Press. M. T. CICERONIS DE OFFICIIS LIBRI TRES, with Marginal Analysis, an English Commentary, and copious Indices, by H. A. HoLDEN, LL.D. Head Master of Ipswich School, late Fellow of Trinity College, Cambridge, Classical Examiner to the University of London. Fourth Edition. Revised and considerably enlarged. Crown 8vo. ^s. " Dr Holden has issued an edition of what is perhaps the easiest and most popular of Cicero's philosophical works, the de Officiis^ which, especially in the form which it has now assumed after two most thorough revisions, leaves little or nothing to be desired in the fullness and accuracy of its treatment alike of the matter and the hsi^nd,^^."— Academy. " Dr Holden truly states that ' Text, Analysis, and Commentary in this third edi- tion have been again subjected to a thorough revision.' It is now certainly the best edition extant. . . . The Introduction (after Heine) and notes leave nothing to be desired in point of fulness, accuracy, and neatness; the typo- graphical e.xecution will satisfy the most fas- tidious eye." — Notes and Queries. London: Cambridge Warehouse^ y"] Paternoster Row. 12 PUBLICATIONS OF M. TULLII CICERONIS DE NATURA DEORUM Libri Tres, with Introduction and Commentary by Joseph B. Mayor, M.A., Professor of Moral Philosophy at King's College, London, formerly Fellow and Tutor of St John's College, Cambridge, together with a new collation of several of the English MSS. by J. H.Swainson, M. A., formerly Fellow of Trinity Coll., Cambridge. Vol.1. DemySvo. loj. 60?. [Vol. II. In the Press. " Such editions as that of which Prof. commentary, which is, as it should be, sup- Mayor has given us the first instalment will plemented and not replaced by references doubtless do much to remedy this undeserved to the usual authorities." — Academy. neglect. It is one on which great pains and " The critical part of Professor Mayor's much learning have evidently been expended, work appears to be exceedingly well done. In and is in every way admirably suited to meet forming the text he has strictly observed the the needs of the student The notes of methods of modern scholarship, which holds the editor are all that could be expected itself bound not only to supply a reading from his well-known learning and scholar- plausible in itself, but to show how the corrupt ship It is needless, therefore, to say reading that has to be emended came to take that all points of syntax or of Ciceronian its place. A kvf conjectures of the editor's usage which present themselves have been own are introduced Professor Mayor treated with full mastery The thanks seems to intend his edition to serve the pur- of many students will doubtless be given to pose of a general introduction to the history Prof. Mayor for the amount of historical and of Greek philosophy, and his commentary is biographical information afforded in the very copious and lucid." — Saturday Review. P. VERGILI MARONIS OPERA cum Prolegomenis et Commentario Critico pro Syndicis Preli Academici edidit Benjamin Hall Kennedy, S.T.P., Graecae Linguae Professor Regius. Extra Fcap. 8vo. cloth. 5J. MATHEMATICS, PHYSICAL SCIENCE, &c. MATHEMATICAL AND PHYSICAL PAPERS. By Sir W. THOMSON, LL.D., D.C.L., F.R.S., Professor of Natural Philosophy, in the University of Glasgow. Collected from different Scientific Periodicals from May 1841, to the present time. \l7t the Press. MATHEMATICAL AND PHYSICAL PAPERS, By George Gabriel Stokes, M.A., D.C.L., LL.D., F.R.S., Fellow of Pembroke College, and Lucasian Professor of Mathematics in the University of Cambridge. Reprinted from the Original Journals and Transactions, with Additional Notes by the Author. Vol. L Demy 8vo. cloth. 15^. Vol. IL In the Press. THE SCIENTIFIC PAPERS OF THE LATE PROF. J. CLERK MAXWELL. Edited by W. D. Niven, M.A. In 2 vols. Royal 4to. [/;/ the Press. A TREATISE ON NATURAL PHILOSOPHY. By Sir W. Thomson, LL.D., D.C.L., F.R.S., Professor of Natural Philosophy in the University of Glasgow, and P. G. Tait, M.A., Professor of Natural Philosophy in the University of Edinburgh. Vol. I. Part L DemySvo. i6s. " In this, the second edition, we notice a could form within the time at our disposal large amount of new matter, the importance would be utterly inadequate." — Nature. of which is such that any opinion which we Part H. In the Press. London: Cambridge Warehouse^ 17 Paternoster Row. THE CAMBRIDGE UNIVERSITY PRESS. 13 ELEMENTS OF NATURAL PHILOSOPHY. By Professors Sir W. THOMSON and P. G. Tait. Part I. Demy 8vo. cloth. Second Edition. ()s. " This work is designed especially for the trigonometry. Tiros in Natural Philosophy use of schools and junior classes in the Uni- cannot be better directed than by being told versities, the mathematical methods being to give their diligent attention to an intel- limited almost without exception to thoie of ligent digestion of the contents of this excel- the most elementary geometry, algebra, and lent vnde mecum." — Iron. A TREATISE ON THE THEORY OF DETER- MINANTS AND THEIR APPLICATIONS IN ANALYSIS AND GEOMETRY, by Robert Forsyth Scott, M.A., of St John's College, Cambridge. Demy 8vo. 12s. " This able and comprehensive treatise ture of the subject than Mr Scott to express will be welcomed by the student as bringing an opinion as to the amount of his own re- within his reach the results of many impor- search contained in this work, but all will tant researches on this subject which have appreciate the skill with which the results hitherto been for the most part inaccessible of his industrious reading have been arranged to him It would be presumptuous on into this interesting treatise." — Athenaum. the part of any one less learned in the litera- HYDRODYNAMICS, A Treatise on the Mathematical Theory of the Motion of Fluids, by Horace Lamb, M.A., formerly Fellow of Trinity College, Cambridge; Professor of Mathematics in the University of Adelaide. Demy 8vo. 1 2s- THE ANALYTICAL THEORY OF HEAT, By Joseph Fourier. Translated, with Notes, by A. Freeman, M.A., Fellow of St John's College, Cambridge. Demy 8vo. i6j'. " It is time that Fourier's masterpiece, value and importance of the Tkeorie de la The Analytical Theory of Heat, trans- Chaleiir. It has been called 'an exquisite lated by Mr Alex. Freeman, should be in- mathematicalpoem.'not once but many times troduced to those English students of Mathe- independently, by mathematicians of different matics who do not follow with freedom a schools. Many of the very greatest of mo- treatise in any language but their own. It dern mathematicians regard it, justly, as the is a model of mathematical reasoning applied key which first opened to them the treasure- to physical phenomena, and is remarkable for house of mathematical physics. It is still the the ingenuity of the analytical process em- text-book of Heat Conduction, and there ployed by the author." — Contemporary seems little present prospect of its being Review, October, 1878. _ _ superseded, though it is already more than " There cannot be two opinions as to the half a century old." — Nature. THE ELECTRICAL RESEARCHES OF THE HONOURABLE HENRY CAVENDISH, F.R.S. Written between 1771 and 1781, Edited from the original manuscripts in the possession of the Duke of Devonshire, K. G., by J. Clerk Maxwell, F.R.S. Demy 8vo. cloth. iSj. "This work, which derives a melancholy . . . Every department of editorial duty interest from the lamented death of the editor appears to have been most conscientiously following so closely upon its pubhcation, is a performed ; and it must have been no small valuable addition to the history of electrical satisfaction to Prof. Maxwell to see this research. ... The papers themselves are most goodly volume completed before his life's carefully reproduced, with fac-similes of the work was done." — Athenceum. author's sketches of experimental apparatus. An elementary TREATISE on QUATERNIONS, By P. G. Tait, M.A., Professor of Natural Philosophy in the Univer- sity of Edinburgh. Second Edition. Demy 8vo. I4J-. London: Camb?'idge Warehouse, 17 Paternoster Row, 14 PUBLICATIONS OF A TREATISE ON THE PHYSIOLOGY OF PLANTS, by S. H. Vines, M.A., Fellow of Christ's College. [In the Press. THE MATHEMATICAL WORKS OF ISAAC BARROW, D.D. Edited by W. Whewell, D.D. Demy 8vo. ^s. 6d. COUNTERPOINT. A Practical Course of Study, by Professor G. A. Macfarren, M.A., Mus. Doc. Third Edition, revised. Demy 4to. cloth, js. 6d. ASTRONOMICAL OBSERVATIONS made at the Observatory of Cambridge by the Rev. James Challis, M.A., F.R.S., F.R.A.S., Plumian Professor of Astronomy and Experi- mental Philosophy in the University of Cambridge, and Fellow of Trinity College. For various Years, from 1846 to i860. ASTRONOMICAL OBSERVATIONS from 1 861 to 1865. Vol. XXI. Royal 4to. cloth. 15^. A CATALOGUE OF AUSTRALIAN FOSSILS (including Tasmania and the Island of Timor), Stratigraphically and Zoologically arranged, by ROBERT Etheridge, Jun,, F.G.S., Acting Palaeontologist, H.M. Geol. Survey of Scotland, (formerly Assistant- Geologist, Geol. wSurvey of Victoria). Demy 8vo. cloth. loj-. 6d. "The work is arranged with great clear- papers consuhed by the author, and an index ness, and contains a full Hst of the books and to the genera." — Saturday Review. ILLUSTRATIONS OF COMPARATIVE ANA- TOMY, VERTEBRATE AND INVERTEBRATE, for the Use of Students in the Museum of Zoology and Comparative Anatomy. Second Edition. Demy 8vo. cloth. 2s. 6d. A SYNOPSIS OF THE CLASSIFICATION OF THE BRITISH PALEOZOIC ROCKS, by the Rev. Adam Sedgwick, M.A., F.R.S., and Frederick M^COY, F.G.S. One vol.. Royal 4to. Plates, £1. is. A CATALOGUE OF THE COLLECTION OF CAMBRIAN AND SILURIAN FOSSILS contained in the Geological Museum of the University of Cambridge, by J. W. Salter, F.G.S. With a Portrait of Professor Sedgwick. Royal 4to. cloth, js. 6d. CATALOGUE OF OSTEOLOGICAL SPECIMENS contained in the Anatomical Museum of the University of Cam- bridge. Demy 8vo. 2s. 6d. London: Cambridge Warehouse, 17 Paternoster Row. THE CAMBRIDGE UNIVERSITY PRESS. LAW. AN ANALYSIS OF CRIMINAL LIABILITY. By E. C. Clark, LLD., Regius Professor of Civil Law in the University of Cambridge, also of Lincoln's Inn, Barrister at Law. Crown 8vo. cloth, 'js. 6d. " Prof Clark's little book is the sub- sanctions" . . . Students of jurisprudence stance of lectures delivered by him upon those portions of Austin's work on juris- prudence which deal with the "operation of sanctions will find much to niterest and instruct them in the work of Prof. Clark." Atheiicejitn. A SELECTION OF THE STATE TRIALS. By J. W. Willis-Bund, M.A., LL.B., Barrister-at-Law, Professor of Constitutional Law and History, University College, London. Vol. L Trials for Treason (1327 — 1660). Crown 8vo. cloth, iSs. treason, as it may be gathered from trials he- fore the ordinary courts. The author has very wisely distinguished these cases from "A great and good service has been done to all students of history, and especially to those of them who look to it in a legal aspect, by Prof. J. W. Willis-Bund in the publica- tion of a Selection of Cases from the State Trials. . . . Professor Willis- Bund has been very careful to give such selections from the State Trials as will best illustrate those points in what may be called the growth of the Law of Treason which he wishes to bring clearly under the notice of the student, and the result is, that there is not a page in the book which has not its own lesson In all respects, so far as we have been able to test it, this book is admirably done." — Scotsman. "Mr Willis- Bund has edited 'A Selection of Cases from the State Trials' which is likely to form a very valuable addition to the standard literature. . . There can be no doubt, therefore, of the interest that can be found in the State trials. But they are large and unwieldy, and it is impossible for the general reader to come across them. Mr Willis-Bund has therefore done good service in making a selection that is in the first volume reduced to a commodious form." — The Examiner. " Every one engaged, either in teaching or in historical inquiry, must have felt the want of such a book, taken from the unwieldy volumes of the State Tria.\s."—Conte}nJ>o>-ary Review. "This work is a veiy useful contribution to that important branch of the constitutional history of England which is concerned with the growth and development of the law of Vol. II. those of impeachment for treason before Par- liament, which he proposes to treat in a future volume under the general head ' Proceedings in Parliament.'" — The Academy. "This is a work of such obvious utility that the only wonder is that no one should have undertaken it before In many respects therefore, although the trials are more or less abridged, this is for the ordinary student's purpose not only a more handy, but a more useful work than Howell's." — Saturday Review. " Within the boards of this useful and handy book the student will find everything he can desire in the way of lists of cases given at length or referred to, and the statutes bearing on the text arranged chro- nologically. The work of selecting from Howell's bulky series of volumes has Deeu done with much judgment, merely curious cases being excluded, and all included so treated as to illustrate some important point of constitutional law." — Glasg^o^v Herald. ."Mr bund's object is not the romance, but the constitutional and legal bearings of that great series of causes ceiebres which is unfortunately not within easy reach of readers not happy enough to possess valua- ble libraries. ... Of the importance of this subject, or of the want of a book of this kind, referring not vaguely but precisely to the grounds of constitutional doctrines, both of past and present times, no reader of his- tory can feel any dowhx..'"— Daily News. In the F?'ess. THE FRAGMENTS OF THE PERPETUAL EDICT OF SALVIUS JULIANUS, collected, arranged, and annotated by Bryan Walker, M.A. LL.D., Law Lecturer of St John's College, and late Fellow of Corpus Christi College, Cambridge. Crown 8vo., Cloth, Price 6i". " This is one of the latest, we believe quite the latest, of the contributions made to legal scholarship by that revived study of the Roman Law at Cambridge which is now so marked a feature in the industrial life of the University. ... In the present book we have the fruits of the same kind of thorough and well-ordered study which was brought to bear upon the notes to the Com- mentaries and the Institutes . . . Hitherto the Edict has been almost inaccessible to the ordinary English student, and such a student will be interested as well as perhaps surprised to find how abundantly the extant fragments illustrate and clear up points whicn have attracted his attention in the Commen- taries, or the Institutes, or the Digest." — Law Times. London: Cambridge Warehouse^ 17 Faterfioster Row. i6 PUBLICATIONS OF THE COMMENTARIES OF GAIUS AND RULES OF ULPIAN. (New Edition, revised and enlarged.) With a Translation and Notes, by J. T. Abdy, LL.D., Judge of County- Courts, late Regius Professor of Laws in the University of Cambridge, and Bryan Walker, M.A., LL.D., Law Lecturer of St John's College, Cambridge, formerly Law Student of Trinity Hall and Chancellor's Medallist for Legal Studies. Crown 8vo. i6j. " As scholars and as editors Messrs Abdy explanation. Thus the Roman jurist is and Walker have done their work well. allowed to speak for himself, and the reader For one thing the editors deserve feels that he is really studying Roman law special commendation. They have presented in the original, and not a fanciful representa- Gaius to the reader with few notes and those tion of it." — Athenaunt. merely by way of reference or necessary THE INSTITUTES OF JUSTINIAN, translated with Notes by J. T. Abdy, LL.D., Judge of County Courts, late Regius Professor of Laws in the University of Cambridge, and formerly Fellow of Trinity Hall ; and Bryan Walker, M.A., LL.D., Law Lecturer of St John's College, Cambridge ; late Fellow and Lecturer of Corpus Christi College ; and formerly Law Student of Trinity Hall. Crown 8vo. i6j. "We welcome here a valuable contribution attention is distracted from the subject-matter to the study of jurisprudence. The text of by the difficulty of struggling through the the /M^^iV?//'^^ is occasionally perplexing, even language in which it is contained, it will be to practised scholars, whose knowledge of almost indispensable." — Spectator. classical models does not always avail them "The notes are learned and carefully com- in dealing with the technicalities of legal piled, and this edition will be found useful phraseology. Nor can the ordinary diction- to students." — Law Times. aries be expected to furnish all the help that "Dr Abdy and Dr Walker have produced is wanted. This translation will then be of a book which is both elegant and useful." — great use. To the ordinary student, whose A thenceum. SELECTED TITLES FROM THE DIGEST, annotated by B. Walker, M.A., LL.D. Part L Mandati vel Contra. Digest xvii. i. Crown 8vo. Cloth, ^s. "This small volume is published as an ex- say that Mr Walker deserves credit for the periment. The author proposes to publish an waj' in which he has performed the task un- annotated edition and translation of several dertaken. The translation, as might be ex- books of the Digest if this one is received pected, is scholarly." Law Times. with favour. We are pleased to be able to Part II. De Adquirendo rerum dominio and De Adquirenda vel amit- tenda possessione. Digest XLI. i and ii. Crown 8vo. Cloth, ds. Part III. De Condictionibus. Digest XII. I and 4—7 and Digest XIII. I — 3. Crown 8vo. Cloth, ds. GROTIUS DE JURE BELLI ET PACIS, with the Notes of Barbeyrac and others ; accompanied by an abridged Translation of the Text, by W. Whewell, D.D. late Master of Trinity College. 3 Vols. Demy 8vo. \2s. The translation separate, 6j. London: Cambridge Warehouse^ 17 Paternoster Row. THE CAMBRIDGE UNIVERSITY PRESS. 17 HISTORY. LIFE AND TIMES OF STEIN, OR GERMANY AND PRUSSIA IN THE NAPOLEONIC AGE, by J. R. Seeley, M.A., Regius Professor of Modern History in the University of Cambridge, with Portraits and Maps. 3 Vols. Demy 8vo. j\S>s. " If we could conceive anything similar to a protective system in the intellectual de- partment, we might perhaps look forward to a time when our historians would raise the cry of protection for native industry. Of the unquestionably greatest German men of modern history — I speak of Frederick the Great, Goethe and Stein — the first two found long since in Carlyle and Lewes biographers who have undoubtedly driven their German competitors out of the field. And now in the year just past Professor Seeley of Cambridge has presented us with a biography of Stein which, though it modestly declines competi- tion with German works and disowns the presumption of teaching us Germans our own history, yet casts into the shade by its bril- liant superiority all that we have ourselves hitherto written about Stein.... In five long chapters Seeley expounds the legislative and administrative reforms, the emancipation of the person and the soil, the beginnings of free administration and free trade, in short the foundation of modern Prussia, with more exhaustive thoroughness, with more pene- trating insight, than any one had done be- fore." — Deutsche R iitidschaii. " Dr Busch's volume has made people think and talk even more than usual of Prince Bismarck, and Professor Seeley's very learned work on Stein will turn attention to an earlier and an almost equally eminent German states- man It is soothing to the national self-respect to find a few Englishmen, such as the late Mr Lewes and Professor Seeley, doing for German as well as English readers what many German scholars have done for us." — Times. " In a notice of this kind scant justice can be done to a work like the one before us ; no short rcsu7ne can give even the most meagre notion of the contents of these volumes, which contain no page that is superfluous, and none that is uninteresting To under- stand the Germany of to-day one must stufly the Germany of many yesterdays, and now that study has been made easy by this work, . to which no one can hesitate to assign a very high place among those recent histories which have aimed at original research." — At/te- ncBum. "The book before us fills an important gap in English — nay, European — historical literature, and bridges over the history of Prussia from the time of Frederick the Great to the days of Kaiser Wilhelm. It thus gives the reader standing ground whence he may regard contemporary events in Germany in their proper historic light We con- gratulate Cambridge and her Professor of History on the appearance of such a note- worthy production. And we may add that it is something upon which we may congratulate England that on the especial field of the Ger- mans, history, on the history of their own country, by the use of their own literary weapons, an Englishman has produced a his- tory of Germany in the Napoleonic age far superior to any that exists in German," — Exaviiner. THE UNIVERSITY THE EARLIEST INJUNCTIONS OF by James Bass Mullinger, OF CAMBRIDGE FROM TIMES TO THE ROYAL 1535, M.A. Demy 8vo. cloth (734 pp.), 11s, •'We trust Mr Mullinger will yet continue his history and bring it down to our own day. " — A cadetny. " He has brought together a mass of in- structive details respecting the rise and pro- gress, not only of his own University, but of all the principal Universities of the Middle Ages We hope some day that he may continue his labours, and give us a history of the University during the troublous times of the Reformation and the Civil War." — Athe- nceufjt. "Mr Mullinger's work is one of great learning and research, which can hardly fail to become a standard book of reference on the subject. . . . We can most strongly recom- mend this book to our readers." — Spectator. Vol. II. Li the Press. London : Cambridge Warehouse^ 1 7 Paternoster Row. i8 PUBLICATIONS OF HISTORY OF THE COLLEGE OF ST JOHN THE EVANGELIST, by Thomas Baker, B.D., Ejected Fellow. Edited by John E. B. Mayor, M.A., Fellow of St John's. Two Vols. Demy 8vo. 24^-. "To antiquaries the book will be a source " The work displays very wide reading, of almost inexhaustible amusement, by his- and it will be of great use to members of the torians it will be found a work of considerable college and of the university, and, perhaps, service on questions respecting our social of still greater use to students of English progress in past times; and the care and history, ecclesiastical, political, social, literary thoroughness with which Mr Mayor has dis- and academical, who have hitherto had to be charged his editorial functions are creditable content with 'Dyer.'" — Academy. to his learning and industry." — Atheiiceum. HISTORY OF NEPAL, translated by MuNSHi Shew Shunker Singh and Pandit Shri GUNANAND ; edited with an Introductory Sketch of the Country and People by Dr D. Wright, late Residency Surgeon at Kathmandu, arid with facsimiles of native drawings, and portraits of Sir JUNG Bahadur, the King of Nepal, &c. Super-royal 8vo. Price iis. "The Cambridge University Press have graphic plates are interesting." — Nature. done well m publishing this work. Such "The history has appeared at a very op- translations are valuable not only to the his- portune moment. ..The volume. ..is beautifully torian but also to the ethnologist; Dr printed, and supplied with portraits of Sir Wright's Introduction is based on personal Jung Bahadoor and others, and with excel- inquiry and observation, is written intelli- lent coloured sketches illustrating Nepaulese gently and candidly, and adds much to the architecture and religion." — Examiner. value of the volume. The coloured litho- SCHOLAE ACADEMICAE: Some Account of the Studies at the Enghsh Universities in the Eighteenth Century. By Christopher Wordsworth, M.A., Fellow of Peterhouse ; Author of " Social Life at the English Universities in the Eighteenth Century." Demy 8vo. cloth. 15^-. "The general object of Mr Wordsworth's that have had their day. And last, but not book is sufficiently apparent from its title. lea.it, we are given in an appendix a highly He has collected a great quantity of minute interesting series of private letters from a and curious information about the working Cambridge student to John Strype, giving of Cambridge institutions in the last century, a vivid idea of life as an undergraduate and with an occasional comparison of the corre- afterwards, as the writer became a graduate sponding state of things at Oxford. ...To a and a fellow." — Ufiiversity Magazine . great extent it is purely a book of reference, "Only those who have engaged in like la- and as such it will be of permanent value hours will be able fully to appreciate the for the historical knowledge of English edu- sustained industry and conscientious accuracy cation and learning." — Saturday Review. discernible in every page. . . . Of the whole " The particulars Mr Wordsworth gives us volume it may be said that it is a genuine in his excellent arrangement are most varied, service rendered to the study of University interesting, and in.structive. Among the mat- history, and that the habits of thought of any ters touched upon are Libraries, Lectures, writer educated at either .seat of learning in the Tripos, the Trivium, the Senate House, the la-t century will, in many cases, be far the Schools, text-books, subjects of study, better understood after a consideration of the foreign opinions, interior life. We learn materials here collected." — Acaaemy. even of the various University periodicals THE ARCHITECTURAL HISTORY OF THE UNIVERSITY AND COLLEGES OF CAMBRIDGE, By the late Professor WILLIS, M.A. With numerous Maps, Plans, and Illustrations. Continued to the present time, and edited by John Willis Clark, M.A., formerly Fellow of Trinity College, Cambridge. \_In the Press. London : Cambridge Warehouse^ 1 7 Paternoster Row. THE CAMBRIDGE UNIVERSITY PRESS. 19 MISCELLANEOUS. LECTURES ON TEACHING, Delivered in the University of Cambridge in the Lent Term, 1880. By J. G. Fitch, M.A., Her Majesty's Inspector of Schools. Second Edition, Revised. Crown 8vo. cloth, ^s. " The lectures will be found most in- teresting, and deserve to be carefully studied, not only by persons directly concerned with instruction, but by parents who wish to be able to exercise an intelligent judgment in the choice of schools and teachers for their children. For ourselves, we could almost wish to be of school age again, to learn history and geography from some one who could teach them after the pattern set by Mr Fitch to his audience But perhaps Mr Fitch's observations on the general con- ditions of school-work are even more im- portant than what he says on this or that branch of study." — Saturday Revieiv. " It comprises fifteen lectures, dealing with such subjects as organisation, discipline, examining,language, fact knowledge, science, and methods of instruction; and though the lectures make no pretention to systematic or exhaustive treatment, they yet leave very little of the ground uncovered; and they combine in an admirable way the exposition of sound principles with practical suggestions and illustrations which are evidently derived from wide and varied experience, both in teaching and in examining. While Mr Fitch addresses himself specially to secondary school-masters, he does not by any means disregard or ignore the needs of the primary school ." — Scotsman. "It would be difficult to find a lecturer better qualified to discourse upon the prac- tical aspects of the teacher's work than Mr Fitch. He has had very wide and varied experience as a teacher, a training college oflScer, an Inspector of schools, and as Assistant Commissioner to the late En- dowed Schools Commission. While it is difficult for anyone to make many original remarks on this subject Mr Fitch is able to speak with authority upon various contro- verted points, and to give us the results of many years' study, corrected by the obser- vation of the various schemes and methods pursued in schools of all grades and cha- racters. " — The Schoolmaster. "All who are interested in the manage- ment of schools, and all who have made the profession of a teacher the work of their lives, will do well to study with care these results of a large experience and of wide observa- tion. It is not, we are told, a manual of method; rather, we should say, it is that and much more. As a manual of method it is far superior to anything we have seen. Its suggestions of practical means and me- thods are very valuable; but it has an ele- ment which a mere text-book of rules for imparting knowledge does not contain. Its tone is lofty ; its spirit religious ; its ideal of the teacher's aim and life pure and good . . . The volume is one of great practical value. It should be in the hands of every teacher, and of every one preparing for the office of a teacher. There are many besides these who will find much in it to interest and instruct them, more especially parents who have chil- dren whom they can atford to keep at school till their eighteenth or nineteenth year." — Tlie Nonconformist and Independetit. " As principal of a training college and as a Government inspector of schools, Mr Fitch has got at his fingers' ends the working of primary education, while as assistant com- missioner to the late Endowed Schools Com- mission he has seen something of the ma- chinery of our higher schools. . . . Mr Fitch's book covers so wide a field and touches on so many burning questions that we must be content to recommend it as the best existing vade mecum for the teacher. . . . He is always sensible, always judicious, never wanting in tact. . . . Mr Fitch is a scholar ; he pretends to no knowledge that he does not possess ; he brings to his work the ripe experience of a well- stored mind, and he possesses in a remarkable degree the art of exposition." — Fall JM all Gazjtte. " In his acquaintance with all descrip- tions of schools, their successes and their shortcomings, Mr Fitch has great advantages both in knowledge and experience; and if his work receives the attention it deserves, it will tend materially to improve and equalize the methods of teaching in our schools, to whatever class they may belong."— St James's Gazette. " In no other work in the English language, so far as we know, are the principles and methods which most conduce to successful teaching laid down and illustrated with such piecision and fulness of detail as they are here." — Leeds Mercury. " The book is replete with practical sagacity, and contains on almost all points of interest to the teaching profession sug- gestive remarks resting evidently on a wide and thoughtful experience of school methods. There are few teachers who will not find aids to reflection in the careful analysis of the qualities required for success in teaching, in the admirable exposition of the value of orderlj', methodical arrangement both for instruction and discipline, and in the pains- taking discussion of school punishments, contained in the earlier section of the volume. . . . We recommend it in all con- fidence to those who are interested in the problems with which the teaching profession has to deal." — Galigtiani's Messenger. London: Cambridge Warehouse^ 17 Paternoster Row. 20 PUBLICATIONS OF THE GROWTH OF ENGLISH INDUSTRY AND COMMERCE, by W. Cunningham, M.A., late Deputy to the Knightbridge Pro- fessor in the University of Cambridge. {Nearly 7'eady. A GRAMMAR OF THE IRISH LANGUAGE. By Prof. WiNDiscH. Translated by Dr Norman Moore. [In the Press. STATUTA ACADEMIiE CANTABRIGIENSIS. Demy 8vo. is. sewed. ORDINATIONES ACADEMIC CANTABRIGIENSIS. Demy 8vo. cloth. 3J". dd. TRUSTS, STATUTES AND DIRECTIONS affecting (i) The Professorships of the University. (2) The Scholarships and Prizes. (3) Other Gifts and Endowments. Demy 8vo. ^s. COMPENDIUM OF UNIVERSITY REGULATIONS, for the use of persons in Statu Pupillari. Demy 8vo.. dd. CATALOGUE OF THE HEBREW MANUSCRIPTS preserved in the University Library, Cambridge. By Dr S. M. SCHiLLER-SziNESSY. Volume I. containing Section i. The Holy Scriptures J Section li. Commentaries on the Bible. Demy 8vo. (^s. A CATALOGUE OF THE MANUSCRIPTS preserved in the Library of the University of Cambridge. Demy 5V0. 5 Vols. los. each. INDEX TO THE CATALOGUE. Demy 8vo. 10s. A CATALOGUE OF ADVERSARIA and printed books containing MS. notes, preserved in the Library of the University of Cambridge. ;^s. 6d. THE ILLUMINATED MANUSCRIPTS IN THE LIBRARY OF THE FITZWILLIAM MUSEUM, Catalogued with Descriptions, and an Introduction, by William George Searle, M.A., late Fellow of Queens' College, and Vicar of Hockington, Cambridgeshire. Demy 8vo. ys. 6d» A CHRONOLOGICAL LIST OF THE GRACES, Documents, and other Papers in the University Registry which con- cern the University Library. Demy 8vo. 2s. 6d. CATALOGUS BIBLIOTHECE BURCKHARD- TIANyE. Demy 4to. 5^. London: Cambridge Warehouse^ 17 Paternoster Row, THE CAMBRIDGE UNIVERSITY PRESS. 21 CI)e CambriUse 3Bil)Ie for ^ri)0cilsf* General Editor : J. J. S. Perowne, D.D., Dean of Peterborough. The want of an Annotated Edition of the Bible, in handy portions, suitable for School use, has long been felt. In order to provide Text-books for School and Examination pur- poses, the Cambridge University Press has arranged to publish the several books of the Bible in separate portions at a moderate price, with introductions and explanatory notes. The Very Reverend J. J. S. Perowne, D.D., Dean of Peter- borough, has undertaken the general editorial supervision of the work, and will be assisted by a staff of eminent coadjutors. Some of the books have already been undertaken by the following gentlemen : Rev. A. Carr, M.A., Assistant Master at Wellington College. Rev. T. K. Cheyne, M.A., Fellow of Balliol College, Oxford. Rev. S. Cox, Nottingham. Rev. A. B. Davidson, D.D., Professor of Hebrew, Edinburgh. Rev. F. W. Farrar, D.D., Canon of Westminster. Rev. A. E. Humphreys, M. A., Fellow of Trinity College, Cambridge. Rev. A. F. Kirkpatrick, M.A., Fellow of Trinity College. Rev. J. J. Lias, M. A., late Professor at St David's College, Latnpeter. Rev. J. R. Lumby, D.D., Norrisian Professor of Divinity. Rev. G. F. Maclear, D.D., Wardenof St Augustine's Coll., Canterbury. Rev. H. C. G. Moule, M.A., Fellow of Trinity College, Principal of Ridley Hall, Cambridge. \ Rev.W. F. Moulton, D.D., Head Master of the Leys School, Cambridge. Rev. E. H. Perowne, D.D., Master of Corpus Chi-isti College, Cam- bridge, Examining Chaplain to the Bishop of St Asaph. The Ven. T. T. Perowne, M.A., Archdeacon of Norwich. Rev. A. Plummer, M.A., Master of University College, Durham. The Very Rev. E. H. Plumptre, D.D., Dean of Wells. Rev. W. Sanday, M.A., Principal of Bishop Hatfield Hall, Durham. Rev. W. SiMCOX, M.A., Rector of Weyhill, Hants. Rev. W. Robertson Smith, M.A., Edinburgh. Rev. A. W. Streane, M.A., Felloiu of Corpus Christi ColL,Ca??ibridge The Ven. H. W. Watkins, M.A., Archdeacon of Northu?tiberland. Rev. G. H. Whitaker, M.A., Fellow of St John's College, Cambridge. Rev. C. Wordsworth, M.A., Rector of Glaston, Rtttland. London: Cambridge Warehouse, 17 Patertioster Row, 22 PUBLICATIONS OF THE CAMBRIDGE BIBLE FOR SCHOOLS.-C^;z//;/?<r^^. Now Ready. Cloth, Extra Fcap. 8vo. THE BOOK OF JOSHUA. Edited by Rev. G. F. Maclear, D.D. With 2 Maps. -2^. 6^. THE FIRST BOOK OF SAMUEL. By the Rev. A. F. KiRKPATRiCK, M.A. With Map, 3^. 6^. 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Educated readers, generally, will find it an admirable introduction, or epitome, of ancient speculative thought, and ' a key to our present ways of thinking and judging in regard to matters of the highest importance.'" — The British Mail. "In writing this scholarly and attractive .sketch. Professor Mayor has had chiefly in view 'undergraduates at the University or others who are commencing the study of the philo.sophical works of Cicero or Plato or Aristotle in the original language,' but also hopes that it ' may be found interesting and useful by educated readers generally, not merely as an introduction to the formal history of philo.sophy, but as supplying a key to our present ways of thinking and judging in regard to miatters of the highest importance.'" — Mind. "Professor Mayor contributes to the Pitt Press Series A Sketch of Ancient Philosophy in which he has endeavoured to give a general view of the philosophical systems illustrated by the genius of the masters of metaphysical and ethical science from Thales to Cicero. In the course of his sketch he takes occasion to give concise analyses of Plato's Republic, and of the Ethics and Politics of Aristotle ; and these abstracts will be to some readers not the least useful portions of the book. It may be objected against his design in general that ancient philo.sophy is too vast and too deep a subject to be dismissed in a 'sketch' — that it .should be left to those who will make it a serious study. But that objection takes no account of the large class of persons who desire to know, in relation to present discussions and speculations, what famous men in the whole world thought and wrote on these topics. They have not the scholarship which would be necessary for original examination of authorities ; but they have an intelligent interest in the relations between ancient and modern philosophy, and need just such information as Professor Mayor's sketch will give them." — The Guardian. \Other Volumes are i7i preparation?^ London: Cambridge Warehouse, i*] Paternoster Row* 3anibers;itp of orambritrse* — > — LOCAL EXAMINATIONS. Examination Papers, for various years, with the Regulations for the Examinatio7i. " Demy 8vo. 2s. each, or by Post, is. 2d. Class Lists, for various years, Boys u.. Girls 6d. Annual Reports of the Syndicate, with Supplementary Tables showing the success and failure of the Candidates. 2s. each, by Post 2s. 2d. HIGHER LOCAL EXAMINATIONS. Examination Papers for 1881, to which are added the Regulations for 1882. Demy 8vo. 2s. each, by Post 2s. 2d. Reports of the Syndicate. Demy 8vo. u., by Post \s. id. LOCAL LECTURES SYNDICATE. Calendar for the years 1875—9. 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