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 Xoy6ypao7J 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 ?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]^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 6t£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 Ke\evovTi fjurj Trotrjaa- fievrjv TTJv /SovXtjv ra? TpLT)pei 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. 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)iJLdv\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? KXelevTO<; EvKTrjfJicov KoX AwS(opo<;, i^Opol ovTeepe 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 ' 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, (TTev 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)voovs 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^^^^'-'' ^^ '^'■^^ would be inadmissible : we have in Xenophon (Mem. iii, 6. 6 and elsewhere) axoXd^eiv irpos ti, and in later authors, 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^icoepecv 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-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'\lra8pl 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)peir]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€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}peLepov 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 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} \avpQV p.€V €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] 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 TpL7jpo7roiavovv eirl tol^ 7]TV^r}fjLevoi,<; rj^iov rrjv jSovXrjv' roov KaropOovfievcov 'yap eycoye T^yovfirjv epycov ra? roLavra'i coplaOai rtfids 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,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] TOVa(.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? rovra<; ov BwrjaeaOai rbv avrov TOvrocs] ' Clever,' = dvvarocs \4y€LP, below ; joined with 6pa- 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 €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^€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/jLoOeTav yiypa€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 Tols 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 e6vaKL^6iv ijX^^PV '^^^ 'Trapd- yeiv ovTO<;, Tav& viroXafi^dveLV, d hie^eXrfKvOa iyco. 35 EtVt Be Kol irepl roov dWcov avT

€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.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}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,a(rLr)- 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/jL6voopd<;, el 43 KaTaylrr)(l)Le2opd 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- 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.Kaaaei ravrr) eVl ttjv eXcnrpa- ^iv irapeSv. Brjfirjyopla'^ S' iirl TovroLopd, 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 TovVy 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 eis Cobet here and 11 Timocr. Tttis i;7rocrx^Cfopd<^ 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 rds 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, Tol7j 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.iyiv 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^ €laep6Lv [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. ^\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 TrjaSe 7^9 ypa^rj^, eToXfJua Xeyeiv co^ virep vficov Kol Si v/jbd6pa<; ovBev, Treio-ofievov B\ av rd BUaia 60 iroLrjTe v/jLeL<;. (TKe-^aade yap coBL tl iroO* vfjuiv ovTO 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 '^^^ ^^ "^^ 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(rs 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 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 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 vfJLdalr]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,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€ivoTdToi6v(^. The instances quoted for a genitive seem to disappear on examina- tion : in Demosth. de Cor. Trierarch. p. 1229 § 4 ivoxot. de<; 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 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 dvov'^ aecrv- XtjKaaC T^9 TToXeo)? Be top ^rjXov riaviKaaL 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, S4- 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 voct\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^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\oLi(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, \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(07roL7]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<7vfiopov] 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.av6p, (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^6LL(TiJba eXeadav ^r]T7]Tdavov(; 7rpo<; ^ KvBporiwva fid'^Tjv, Bta Be T179 Tcop rpi7]pdp')(^a>v fJLvrjfJLT]^ ovBev TjTTOv eTTi^ovkeveov ray ^AvBporlcovc. BiaBtKaa-ia^; Be iyevo/uLev7}<; TOL9 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 avTdr)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<;, 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€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 KvptoeKr)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€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 TOVTOLs 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 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 ? 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\6vy€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' iavrov rd irpoeiprj/jLeva, Kal irdvra tjBcKTjfievoc (pavTJaecrd^ virb tovtov' Tal<; yap €K€LV(0V TixvaL/ce yv(ifji.7)v . . . dtKaiOTonjv] yvdfXTju 8td6vai is rare for aTro- 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(; avr)(TeTai. tjv fiev jdp aKipo^optdiv ^rjv ev w rd^ rypa(f)d 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/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 Tovei\(>}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 irdvTes 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. — dda6i. 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^ 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 ^ AOrjvalcov rj ov, eireira irepl tov rcde/juevov. oirorepov S' du '^eiporo- vr}(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)^7]^iaa(76ai' ttcG? ydp ; ovre daripoj ylrrj^t^ofievovg evopKelv' irapd yap rov ivavriov, ovra S' 6/JbOLa)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 6eLpa'^ irelaai tov %et/3&) diaOat vofiov avTu tov 38 KpeLTTOvo^. hiOL TttVTa iTCLVTa eV 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 \vLcr/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\r]^aT0^°, 01)9 av 6 BrjfjLo<; ')(eLporovr)ariy tj jjltjv €ktI- \€, 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, ** 6ei\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(TT7jovT€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 ^ 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 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\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^7](j)iaaiMev(t)v. ovro^; 8' eypa'xjrev dvTLKpv^, Kol €i TLVi Twv 6(j)eiX6vTcov BecfMov TrpoaTerl/jLTjTai, elvac Trjv d 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\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 6k7}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 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-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 v6fJLoi65pa 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 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 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, €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. . . 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' 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}/ 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^ 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<; d\7j6co 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 ypaav\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^cdpfiaK6v 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 KaKovpyijfjbaToopc6Tepo(; 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,cofjLOK6Ta6L- y^O XovTcov irpoareTLiJL'qTai Beafjuov rj koI to Xocttov irpoa- TL/Jbr)6y, elvaL tcaraaTrjO-avTi eyeladai> 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 T0vaiveL . . . Te^eiKtbs] * you are seen to have passed,' not 'you appear. ' So Benseler, rightly. Cf. Androt. § 21 n. 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 KaKoos 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}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. 6s 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 dvSpe^ ScKaa-Tal, r^? dvacBecaf; avTov TO, rjVLKa jiev '^px^^ avToipovTL\ '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 evOvvaieL\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)? daaXw<^ KUKOvp- ry7]<70vto;/] = 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 amraai rolv 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^ 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 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, ToloviJLevoL<; 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 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^Xavpov eLTTOi/xL, 127 ovS* el irdvv ttoXX* e;^&) irepl K\o7rf]<; Xiyecv, dX)C ecrrco e/xol eKelvo^ ye TOiovTO}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 akovs, 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 ir], 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€ 742 a^oBpa 7ra\aL0V<;. Kairoi Kara toi)? ')(^p6vov<^ oi)?^^ €Kadovov, 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^ ... dbLKriixaUvT€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)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 oh fcelrau 6 v6fjL0<^ ovto^^ BtBd^co vfjLd 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 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^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<; vofio6eT7jL(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 5LKav 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 yap eKCLcrTore ttclv- Tas 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]pLaep€ 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\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. (p jjie^KTTov o<; epeiv rj Tov^ ocpelXovra^ elo-TTpdrrecv, alpovfievcav €Ik6tco<; ' vfjboov Toi)^ 6 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 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, oaTLopd<; ; 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 Tovs 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 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]/ 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 TTOWWV fl6P (7TpaTrjK7)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€6elypa(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 raLid\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 irpoTepoLyp7jVTac, to BoKelv wv dv ev irdOcoo-LV eOe- \eiv fie/jLvrjaOaL. koI TOiavra koX Tocravra to ttXtj- 6o<; KaKd elpyaapuevoi eh tovt dvaicr6r]cria 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,aKaL he koX tcl Touavra irXovrov, koX (TTe(f>avo<; fxev a7ra 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 eavT0VfievoL 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^ dyopdapepQ)(;, 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/jloevaKL^ofJbevou^^, koX Xo- yi^eaOat 7rp6<; vfid<; avTov<; iic rtvoopdv^ ovSe- 199 irwiroT 6l(T€V7]v6')(^aTe. ttjXlkovto tolvvv icppovrjaev ovTO<; w9 ap* ovBe Slktjv tovtcov ovBe/juiav B(6acoVj were ^ ixlav el(xs\^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 elopds. § 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]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 €lay^ ; 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]- 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 7rdvTaL(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 (TvTO)€vaKL(Ta<^ koL irapaKpovau fievo^ VfMa^;^ vofJLOV reOeiKe^ (f)avepS<;, 0? ovk dvoLjvvao to Seafio)- 765 rrjptov, dWd Kadaipel, 'TrpoaTTepLeL\7] ^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 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 /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 €laTes 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 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, d^iov 6pyiopiaKos, 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€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€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 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}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//;/?d. THE GOSPEL ACCORDING TO ST MATTHEW. Edited by the Rev. A. Carr, M.A. With 2 Maps. is. 6d. THE GOSPEL ACCORDING TO ST MARK. Edited by the Rev. G. F. Maclear, D.D. With 4 Maps. is. 6d. THE GOSPEL ACCORDING TO ST LUKE. By the Rev, F. W. Farrar, D.D. With 4 Maps. 4^-. 6d. THE GOSPEL ACCORDING TO ST JOHN. By the Rev. A. Plummer, M.A. With Four Maps. 4^. 6d. THE ACTS OF THE APOSTLES. By the Rev. Professor Lumby, D.D. Part I. Chaps. I— XIV. With 2 Maps. IS. 6d. Part IL Chaps. XV. to end. Nearly ready. THE EPISTLE TO THE ROMANS. By the Rev. H. C. G. MouLE, M.A. IS. 6d. THE FIRST EPISTLE TO THE CORINTHIANS. By the Rev. J. J. Lias, M.A. With a Map and Plan. is. THE SECOND EPISTLE TO THE CORINTHIANS. By the Rev. J. J. Lias, M.A. is. THE GENERAL EPISTLE OF ST JAMES. By the Very Rev. E. H. Plumptre, D.D., Dean of Wells, is. 6d. THE EPISTLES OF ST PETER AND ST JUDE. By the same Editor. 2^. 6d. London: Cambridge Warehouse^ 17 Paternoster Roiv. THE CAMBRIDGE UNIVERSITY PRESS. 23 THE CAMBRIDGE BIBLE FOR SCHOOLS.-Cc?;^/m./^^. Preparing. THE BOOK OF JUDGES. By the Rev. J. J. Lias, M. A. \_Iinniediately. THE BOOKS OF HAGGAI AND ZECHARIAH. By Archdeacon Perowne. THE BOOK OF MICAH. By the Rev. T. K. Cheyne, M.A. THE CAMBRIDGE GREEK TESTAMENT, FOR SCHOOLS AND COLLEGES, with a Revised Text, based on the most recent critical authorities, and English Notes, prepared under the direction of the General Editor, THE Very Reverend J. J. S. PEROWNE, D.D., DEAN OF PETERBOROUGH. Now Ready. THE GOSPEL ACCORDING TO ST MATTHEW. By the Rev. A. Carr, M.A. With 4 Maps. 4J. 6^. "With the 'Notes,' in the volume before us, we are much pleased; so far as we have searched, they are scholarly and sound. The quotations from the Classics are apt ; and the references to modem Greek form a pleasing feature." — The Churchman. " Mr Carr, whose 'Notes on St Luke's Gospel' must have thoroughly approved them- selves to all who have used them, has followed the same line in this volume of St Matthew. In both works a chief object has been ' to connect more closely the study of the Classics with the reading of the New Testament.' .... Copious illustrations, gathered from a great variety of sources, make his notes a very valuable aid to the student. They are indeed re- markably interesting, while all explanations on meanings, applications, and the like are distinguished by their lucidity and good sense." — Pall Mall Gazette. THE GOSPEL ACCORDING TO ST LUKE. By the Rev. F. W. Farrar, D.D. {^Preparing, THE GOSPEL ACCORDING TO ST JOHN. By the Rev. A. Plummer, M.A. [/« the Press. The books will be published separately, as in the " Cambridge Bible for Schools." London: Cambridge Warehouse^ 17 Paternoster Row, 24 PUBLICATIONS OF THE PITT PRESS SERIES, I. GREEK. THE ANABASIS OF XENOPHON, Book IV. With a Map and English Notes by Alfred Pretor, M.A., Fellow of St Catharine's College, Cambridge ; Editor of Persius and Cicero ad Atticurn Book I, Price is. " In Mr Pretor's edition of the Anabasis the text of Kiihner has been followed in the main, while the exhaustive and admirable notes of the great German editor have been largely utilised. These notes deal with the minutest as well as the most important difficulties in construction, and all questions of history, antiquity, and geography are briefly but very effectually elucidated." — The E.vatniner. " We welcome this addition to the other books of the Anabasis so ably edited by Mr Pretor. Although originally intended for the use of candidates at the university local examinations, yet this edition will be found adapted not only to meet the wants of the junior student, but even advanced scholars will find much in this work that will repay its perusal." — The Schoolmaster. BOOKS I. III. & V. By the same Editor. 2s. each. BOOKS 11. VI. and VII. By the same Editor. 2s. 6d. each. "Mr Pretor's 'Anabasis of Xenophon, Book IV.' displays a union of accurate Cambridge scholarship, with experience of what is required by learners gained in examining middle-class schools. The text is large and clearly printed, and the notes explain all difficulties. . . . Mr Pretor's notes seem to be all that could be wished as regards grammar, geography, and other matters." — The Academy. "Another Greek text, designed it would seem for students preparing for the local examinations, is 'Xenophon's Anabasis,' Book II., with English Notes, by Alfred Pretor, M.A. The editor has exercised his usual discrimination in utilising the text and notes of Kuhner, with the occasional assistance of the best hints of Schneider, Vollbrecht and Macmichael on critical matters, and of Mr R. W. Taylor on points of history and geography. . . When Mr Pretor commits himself to Commentator's work, he is eminently helpful. . . Had we to introduce a young Greek scholar to Xenophon^ we should esteem ourselves fortunate in having Pretor's text-book as our chart and guide." — Contemporary Review. THE ANABASIS OF XENOPHON, by A. Pretor, M.A., Text and Notes, complete in two Volumes. Price 7^. 6d. AGESILAUS OF XENOPHON. The Text revised with Critical and Explanatory Notes, Introduction, Analysis, and Indices. By H. Hailstone, M.A., late Scholar of Peterhouse, Cambridge, Editor of Xenophon's Hellenics, etc. 2s. 6d. ARISTOPHANES— RANAE. With English Notes and Introduction by W. C. Green, M.A., Assistant Master at Rugby School. 3^. 6d. ARISTOPHANES— AVES. By the same Editor. New Edition. 3 J. 6d. "The notes to both plays are excellent. Much has been done in these two volumes to render the study of Aristophanes a real treat to a boy instead of a drudgery, by helping him to under- stand the fun and to express it in his mother tongue." — The Examiner. ARISTOPHANES— PLUTUS. By the same Editor. zs.6d. EURIPIDES. HERCULES FURENS. With Intro- ductions, Notes and Analysis. By J. T. Hutchinson, M.A., Christ's College, and A. Gray, M.A., Fellow of Jesus College, is. "Messrs Hutchinson and Gray have produced a careful and useful ^d^\'Cion."— Saturday Review. THE HERACLEID^ OF EURIPIDES, with Introduc- tion and Critical Notes by E. A. Beck, M.A., Fellow of Trinity Hall. 3^. 6d. Londofi: Cambridge Warehouse, 17 Paternoster Row, THE CAMBRIDGE UNIVERSITY PRESS. 25 LUCIANI SOMNIUM CHARON PISCATOR ET DE LUCTU, with English Notes by W. E. Heitland, M.A., Fellow of St John's College, Cambridge. New Edition, with Appendix. 35. hd. II. LATIN. M. T. CICERONIS DE AMICITIA. Edited by J. S. Reid, M.L., Fellow and Assistant Tutor of Gonville and Caius College, Cambridge. Price 3J. "Mr Reid has decidedly attained his aim, namely, 'a thorough examination of the Latinity of the dialogue.' The revision of the text is most valuable, and comprehends sundry acute corrections. . . . This volume, like Mr Reid's other editions, is a solid gain to the scholar- ship of the country." — Athenceum. "A more distinct gain to scholarship is Mr Reid's able and thorough edition of the De Amicitia of Cicero, a work of which, whether we regard the exhaustive introduction or the mstructive and most suggestive commentary, it would be difficult to speak too highly. . . . When we come to the commentary, we are only amazed by its fulness in proportion to its bulk. Nothing is overlooked which can tend to enlarge the learner's general knowledge of Ciceronian Latin or to elucidate the text." — Saturday Review. M. T. CICERONIS CATO MAJOR DE SENECTUTE. Edited by J. S. Reid, M.L. Price y. 6d. " The notes are excellent and scholarlike, adapted for the upper forms of public schools, and likely to be useful even to more advanced students." — Guardian. M. T. CICERONIS ORATIO PRO ARCHIA POETA. Editedby J. S. Reid, M.L. Price is. 6d. " It is an admirable specimen of careful editing. An Introduction tells us everything we could wish to know about Archias, about Cicero's connexion with him, about the merits of the trial, and the genuineness of the speech. The text is well and carefully printed. The notes are clear and scholar-like. . . . No boy can master this little volume without feeling that he has advanced a long step in scholarship." — The Academy. M. T. CICERONIS PRO L. CORNELIO BALBO ORA- TIO. Edited by J. S. Reid, M.L. Fellow of Caius College, Cambridge. Price \s. 6d. "We are bound to recognize the pains devoted in the annotation of these two orations to the minute and thorough study of their Latinity, both in the ordinary notes and in the textual appendices. " — Saturday Review. M. T. CICERONIS PRO P. CORNELIO SULLA ORATIO. Edited by J. S. Reid, M.L. [/;^ the Press. M. T. CICERONIS PRO CN. PLANCIO ORATIO. Edited by H. A. Holden, LL.D., Head Master of Ipswich School. Price 4 J-. 6d. "As a book for students this edition can have few rivals. It is enriched by an excellent intro- duction and a chronological table of the principal events of the life of Cicero ; while in its ap- pendix, and in the notes on the text which are added, there is much of the greatest value. Tiie volume is neatly got up, and is in every way commendable." — The Scoisina?t. " Dr Holden's own edition is all that could be expected from his elegant and practised scholarship. ... Dr Holden has evidently made up his mind as to the character of the commentary most likely to be generally useful; and he has carried out his views with admirable thoroughness." — A cadeiny, " Dr Holden has given us here an excellent edition. The commentary is even unusually full and complete; and after going through it carefully, we find little or nothing to criticize. There is an excellent introduction, lucidly explaining the circumstances under which the speech was delivered, a table of events in the life of Cicero and a useful index." Spectator^ Oct. 29, 1881. M. T. CICERONIS IN O. CAECILIUM DIVINATIO ET IN C. VERREM actio PRIMA. With Introduction and Notes by W. E. Heitland, M.A., and Herbert Cowie, M.A., Fellows of St John's College, Cambridge. Price 3J. London : Cambridge Warehouse^ 1 7 Paternoster Row, 26 PUBLICATIONS OF M. T. CICERONIS ORATIO PRO L. MURENA, ivith English Introduction and Notes. By W. E. Heitland, M.A., Fellow and Classical Lecturer of St John's College, Cambridge. Second Edition, carefully revised. Price 3^. "Those students are to be deemed fortunate who have to read Cicero's lively and brilliant oration for L. Murena with Mr Heiiland's handy edition, which may be pronounced 'four-square' in point of equipment, and which has, not without good reason, attained the honours of a second edition." — Saturday Review. M, T. CICERONIS IN GAIUM VERREM ACTIO PRIMA. With Introduction and Notes. By H. CowiE, M.A., Fellow of St John's College, Cambridge. Price \s. 6d. M. T. CICERONIS ORATIO PRO T. A. 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Avery great boon has therefore been cont'erred on the general English reader by the managers of the Pitt Press Series, in the issue of a convenient little volume of Morels Utopia not in the original Latin, but in the quaint Etiglish Translation thereof made by Raphe Rohytison, which adds a linguistic interest to the intrinsic merit of the work. . . . All this has been edited in a most com- plete and scholarly fashion by Dr J. R. Lumby, the Norrisian Professor of Divinity, whose name "alone is a sufficient warrant for its accuracy. It is a real addition to the modern stock of classical English literature." — Guardian. SIR THOMAS MORE'S LIFE OF RICHARD III. With Notes, &c., by Professor Lumby. \^Nearly ready. A SKETCH OF ANCIENT PHILOSOPHY FROM THALES TO CICERO, by Joseph B. Mayor, M.A., Professor of Moral Philosophy at King's College, London. Price y. 6d. "It may safely be affirmed that Mr Mayor has successfully accomplished all that he here sets out. His arrangement is admirably methodical, his style is simple but nervous, his knowledge of his subject full and accurate, and his analytical expositions lucid and vivid.. ..It is therefore a manual which will prove of great utility to University undergraduates, for whom it was par- ticularly prepared, and also for all who study Plato, Aristotle, or other philosophers, in the original. 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. 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