UNIVERSITY OF CALIFORNIA AT LOS ANGEI FORNIA ii SYCOPHANCY IN ATHENS BY JOHN OSCAR LOFBERG, Ph.D. Instructor in Greek, University of Texas ©:t» ColUgurU |Jr«H GtOCG* Bant a Publishing C01H>AtfY Menasha, Wisconsin 62 86- 12 PREFACE The investigation of this subject was suggested to me by Professor Robert J. Bonner, of the University of Chicago, while I was attending his course in the Private Orations of Demosthenes. To his advice and r invaluable criticism the work owes the larger part of such value as it has. J. O. L. The University of Texas to v 426390 TABLE OF CONTENTS Page Introduction vii CHAPTER I The Development of Sycophancy 1 Origin — Growth — Relation to Democracy and the Popular Courts — Prevalence. CHAPTER II The Activities and Methods of Sycophants 26 As Litigant — As Blackmailer — As an Agent — Clubs and Com- binations of Sycophants — Sychophants and the Allies. CHAPTER III Typical Athenian Sycophants 73 Agoratus — Callimachus — Aristogiton — Theocrines. CHAPTER IV Checks'on Sycophancy 86 Indirect — Fines and partial atimia — eww^eXia — Paragraphe. Direct — ypa&Tr]s meant v^plctttjs. 5 More recent explanations are those offered by Reinach and Girard. They rival one another in ingeniousness. The former 6 believes that the origin is similar to that of kpoipkvr^s. Corresponding to the iepcxpavrris at Eleusis there was in charge of the Grove of Sacred Fig Trees at Cephisius a ovnoTi]s. This probably led to delations by the initiates as well as to some by the Hierophant himself. The high office of this Priest kept this pro- clamation from being useless. But the Tla. 1 Schol. Ar. Plutus 31; Suidas s. v. Festus (p. 303 Miiller) gives an explanation slightly different from this. He refers to no famine, but merely to theft of figs by young Athenians. 4 Staatsh. der Ath. ed. Frankel I, 56, note b. ' Gebdrdcn der Gricchen und Romcr, 103, note 1. • Rev. des Eludes Grec. Vol. 19, 342 ff. V ii BYCOPB Mill NS worship connected with the Fig Cult had no -uch awe-inspiring tion. His 7rp6pp7ja« would therefore seem of ilighl consequence and his delations insignificant. It was but a step from this to the use of the term mnuxpkirnn to indicate a troublesome or vexatious informer. Girard 1 also accounts for the antiquity of the term by connecting the origin of its use with the theft of Sacred Figs. He assumes that the verbal part of Upo^aur^s and avKo^a.vT-q<; was originally passive in force. The former then meant "a sacred vision," the latter, 6 h rfi cti'kj) hTro) in the act of stealing figs. This name would stick to the one so detected and tried. Next, the name was extended to those sus- pected of the theft of figs. Those who were suspected would turn about and call their accusers the same. In this way the term came to mean a calumniator and eventually it implied a groundless accu- sation. An explanation that the student of the Orators and Aristophanes will feel more satisfactory than any other that has been suggested is that offered by Shadwell, in his commentary on Luke, 3:14. 8 His explanation depends on the frequent use of aueiv as practically a synonym of avKOtpavrelv. "treicrcu kcu avKOipavTrjaai describes the opera- tion of one who shakes fig trees in order to discover the fruit; for by his shaking the fig tree all the ripe figs are made to fall off. When these words are transferred to the business of an informer, aduv means to agitate a man by threatening to inform against him and avKOipavTtiv means to discover his money, i.e., to make him pay a large sum of money in order to escape from the vexation of a lawsuit. Thus a man's money is called his 'figs'; a rich man is said to be 'full of fruit'; one who bleeds easily is said to be 'ripe'; and to extort money from a man is called 'plucking his figs.' " 9 It is in no sense the purpose of this discussion to add a new attempt at etymology or to express unqualified approval of any of those mentioned. Etymologizing may be interesting, but after all it can hardly throw much light on what the Athenian of the time of the orators meant when he used the term. ' Ibid., Vol. 20, 143 ff. 1 Quoted by Kennedy in his article on Sycophant in Smith's Greek and Roman Antiquities. * Photius s. v. atlaai ; Aristophanes Knights 324, 259; Mein. Fr. Comic ii. p. 364, 1040 Fr. 20; Antiphon 6:43. SYCOPHANCY IN ATHENS ix A satisfactory definition of the term is as elusive as the ety- mology. More or less epigrammatic descriptions are found in the orators. "For this it is to be a pettifogger {ovuoipavr-qs) — to make all kinds of charges, and to prove nothing." 10 "Their business is to involve in accusation even those who have done no wrong, for from them they can make the greatest gains." 11 "By displaying their powers in the case of those who do no wrong, they get more money from those who are clearly guilty of crimes." 12 "I think that every one knows that those who are clever speakers, and without money, are especially the ones who try to bring vexatious charges against those who have no ability at speaking, but can pay well." 13 Definition is difficult because the Greek writers themselves allowed such wide extension in the meaning of the term. In the words of Kennedy, "the term suggested a happy compound of com- mon barretor, informer, pettifogger, busybody, rogue, liar and slanderer. 14 It included calumny and conspiracy, false accusation, malicious prosecution, threats of legal proceedings to extort money, and generally, all abuse of legal process for mischievous or fraudu- lent purposes." 15 It was but natural that, as Aeschines says, the term came to be used for all scoundrels. 16 However, such extension in the use of the term has no part in this study. The term avKcxpavTris was applied, in the limited sense, to the unscrupulous and over litigious person who was ready to enter suit with no other motive than personal gain. It was then naturally extended to any one who collected blackmail by mere threats of a suit. Such a use made it apply equally well to the nrjpvT^, who forced people to pay blackmail by threatening information (nr/wais) with no intention of using the courts. Non-litigious persons often needed assistance in managing their legal affairs. Such assistance they obtained from Xoyoypcapoi and avvrjyopoi and others skilled in such matters. Apart from the X070- ypaa. The significance of the prefix Lrb is to be noted. He has done his duty to the state. ■ Ax. Plutus 900 ff . SYCOPHANCY IN ATHENS 3 Syc. What do you take me for? Chrem. Or a merchant? Syc. Oh yes. I pretend to be when it suits my purpose. Chrem. Well then. Do you know any trade? Syc. No, by Jove. Chrem. But how and from what source did you make your living before this, if you don't do anything? Syc. I am manager of all affairs of state and private affairs too. 18 Chrem. You! Why under the sun do you do that? Syc. I want to. Chrem. How can you be good, you house-breaker, if you make yourself an object of hatred by meddling in things that in no way concern you? Syc. What? Is it not my concern, you booby, to help my city as far as I can? Chrem. Then do you call being a busy-body helping your city? Syc. It isn't that at all. It is aiding the established laws and if any one does wrong, not to let it pass. 17 Chrem. But doesn't the state appoint judges for just that pur- pose? 18 Syc. But who is the accuser? Chrem. Any one who pleases (6 fiovkoiitvos) . 19 Syc. Well that's who I am. So that the affairs 20 of the state now rest on my shoulders. It is clear that the sycophant as well as the legitimate prosecutor would be anxious to have the reputation that the one in the Plutus claims. It was to his interest also to show that he aided the state and that on him "rested the welfare of his native land." This passage from the Plutus shows how difficult it is to draw the line of demarcation between the public-spirited, personality dis- interested prosecutor and the sycophant. An excellent opportunity 19 irpaynara suggests the familiar pun on the word in its double meaning of affairs and law-suits. 17 914-915. @OT)dtlv TOLS VOp.01% .... KO.I (J.T) ' iriTptTTtlV , kkv TtS d/idpT dvTJ . cf. Aesch. 1; 1. ^orjOrjvat. . . . roh vbp.oi.% k.t.X. and Plato Laws 730 D p.r)8' tTriTp'tTruiv toIs adiKovcnv aStKtlv quoted above. 18 This recalls the words of the orator Lycurgus when he refers to the accuser as the most important of the three things that save the state, (c. Leoc. 4). 19 The identification of the sycophant with 6 0ov\6p,tvos shows us the effect of the ru> BovXontvy of Solon's legislation. 20 Once more the pun on Trpa.-yp.aTa. •J . I . ITHENS for comparing the two typea of prosecutors ia found in the speech of Antiphon On the Choir Boy. Such are of course irte and repre enl the situation in the li^ht most favorable to the speaker. The real facta of the case may therefore be distorted. Bui the value of the speeches for the presenl purpose i- nol impaired for this reason. For il ia of little interest, after all, whether an indi- vidual speaker misrepresents the situation or not. On the contrary his statements are in facl very illuminating. It would be unthink- able that he ascribed to himself, or accused others of, motives that were unheard of by the Athenians. In fact, it would be to his interest to represent himself as acting in a natural way, and to accuse his opponent of something reasonably common in Athens. A review of the ea^e will show the difference between the conscientious prose- tutor and the sycophant. The speaker is a wealthy Athenian who had brought an eisangelia before the Boule against certain officials for theft of public funds. The senate had accepted the eisangelia and handed the case over to the court of the Thesmothetae for trial. After he had brought the eisangelia, and just as he was preparing to prosecute the officials in the court, he was elected to the office of Choregus. Since he was anxious to prosecute the case, he procured some efficient men to take care of the chorus he had collected, and turned the training over to them. Before the trial of the officials, Diodotus, one of the boys in the chorus, died. It was said that his death was due to a draught that had been given him for his voice. 21 The relatives of the boy did not at first take any action against the choregus or any of his assis- tants. In fact, for two days after the boy's death they talked with him and treated him in such a way that it was evident that they did not hold him responsible. 22 But on the third day, the day on which the boy was buried, this attitude suddenly changed. This was the day preceding the one set for the trial of the first of the eisangelia cases in which the choregus was the prosecutor. On this day Philo- crates, the brother of the dead boy, appeared in the court of the Thesmothetae and announced that the choregus had forced the boy to drink the drug and was responsible for the death. 23 This same court was to sit the next day on the first of the cases. 24 Philocrates :i Ant. 6. 12-16. » Ibid. 34. •Ibid. 21; 34; VI. u Ibid. 21-23. The jurors sat in the same court day after day at this date. Cf. Lipsius Das Attiscke Redd (A.R.) 137-138. SYCOPHANCY IN ATHENS 5 had been bribed by the accused officials to make this announcement and to start the prosecution of the choregus. 25 The latter was the only one fully acquainted with their pilfering and if they could get him out of the way so that he could not appear and accuse them, they hoped to go free. 26 This accusation made by Philocrates before the court that was to try the cases, right on the eve of the trial, was calculated to prejudice the jurors. 27 Furthermore, if the Basileus would enter the case for trial the choregus would certainly be pro- hibited from public places and would be unable to appear against them. It is clear that the evidence against them was so strong that they had no hopes of acquittal if the prosecutor appeared. 27 As soon as Philocrates had made this accusation in the court of the Thesmothetae, the choregus arose and denounced him because he had taken this informal and illegal way of accusing him before the jurors. He made it clear to the court why it was that Philocrates had done this, and at whose instigation. Then he turned to Philo- crates and challenged him to examine any of those who were acquainted with the facts of the death, slave and free. The chal- lenge was not accepted. 28 After his sensational appearance in the court room Philocrates went to the Basileus to get the case entered on the calendar. 29 But the term of office of the Basileus was so nearly over that he was prevented by law from entering the case. 30 No proclamation pro- hibiting the choregus from the public places was made. The explana- tion that he had offered of the reasons for the denunciation that Philo- crates had made probably satisfied the jurors, for the choregus carried the cases of the officials into court as he had planned; and although Philocrates assisted the defendants and made much of the death of the choir boy, they were convicted and fined. 31 After this the relatives of the dead boy did not, as one might expect, bring the matter of his death before the new Basileus who would have no technical reasons for refusing the case, but they let the matter drop. They were very anxious to be reconciled to the K Ibid. 21; 34-36. n Ibid. 21; 36. » 36-37. "21. "38. »°38; 42. " That Philocrates and others assisted the officials is clear from the language. ' Kol ovtoi wv tPtna iXd/u/Jafoe \P'hl xaTa oiibkv avrois olol Tt fjcrav ip(\rjcrai." (38) U SYCOPHANCY IN ATHENS choregufl and let by-gones be by-gones. At the requests of friends he accepted their offers of reconciliation. For nearly five months the e apparently friendly relations existed between the choregus and the relativea of the dead boy. Philocrates himself was especially anxious to show his good will toward him. 32 Then without any warning the relatives, headed by Philocrates, again accused the choregus of the death of the boy. This time the new Basileus entered the case and the choregus was proclaimed as polluted and was pro- hibited from coming into public places. 33 He was then brought to trial and the presenl speech was delivered.'" This second accusation, as well as the first was "trumped up." Philocrates and those who assisted him were professional accusers or sycophant-/' He was not concerned in the prosecution of the one responsible for his brother's death. 36 When someone was ready to pay him to accuse he accused; when there was no one ready with the money he tried to be on friendly terms with the man whom he now accused. 37 This time he had received a "retainer fee" of thirty minae from a second set of officials that the choregus had begun to prose- cute. 38 To account for the failure of his first effort at prosecuting him, Philocrates had stated that the former Basileus was partial to the choregus. The latter shows that this could not be the true explanation: the Basileus had had good reasons for refusing to accept the case; if Philocrates had felt that he had any chance of proving anything against the Basileus he would have appeared at the euthynae and accused him, or in fact merely threatened him with accusation, for his regular business was to levy blackmail upon officials on such occasions. 39 Both of these men are active citizens. Each one seems to have devoted his efforts to attacks on officials. But if we accept the version of the choregus, as indeed we must, the difference between the two is vast. It lies in their motives. The choregus is a type of the ideal citizen. He performed his choregic liturgy to the best of his ■ 38-39. "42, 40. " 16. For theories on the form of accusation see Lipsius A. R. 125. Cf. Jebb, AU. Or. Vol. I, 62. » 43, 48. "44-45. "48. »49. " 43. lam Kai ioiKo^avrti. The expressive word atiu recalls our " shake down." SYCOPHANCY IN ATHENS 7 ability. He did not let his wealth keep him from participation in matters of public welfare. In the interest of the state he prosecuted at least two sets of officials. For these efforts his only compensation was the satisfaction of correcting flagrant wrongs. Philocrates on the other hand had no such motives for his activi- ties in the courts. Instead of bringing to justice the wrong doers by prosecutions, he made a business of extorting money from officials by threatening them with prosecutions when they were to render account of their office. "Falsely accusing magistrates and accepting hush-money" can only mean blackmail. There is no indication that he was sufficiently interested in establishing justice to carry through a trial against officials who deserved punishment. No doubt the only motive that he would have for doing that, would be the desire to gain a reputation that would make him dreaded and there- fore render his threats more fruitful of gain. He even allowed him- self to be used as a hireling for the prosecution of the choregus. The very fact that he was chosen by the accused officials as a suitable tool shows that he was well known as a sycophant. Such a man as Philocrates might of course indirectly be the source of some good to the state. Many might be kept from wrongdoing by the fear that these men engendered, and offenders might some- times be brought to account by their prosecutions. In fact, the Athenians were in a sense reconciled to the sycophant as an inevit- able nuisance. But the evil of sycophancy lay in the fact that it offered an unscrupulous individual the opportunity of preying on honest men by threats of accusation and blackmail. The sycophant was not concerned in anything but his own financial interest and must have been the cause of more harm than good. This naturally made "informers" an object of hatred even in Athens. The Growth of Sycophancy It is evident that the origin of sycophancy is to be found in the lack of a publicly-appointed prosecutor and in the freedom with which 7pacu could be brought. But it could not have been a serious evil until the supremacy of the popular courts was assured 40 under the full democracy that followed the period of the Persian Wars. 40 Cf. the development of sycophancy in Sicily after the overthrow of the tyrants and the establishment of democracies (Diod. XI, 87, 5.). The ide.i is well worded by the chorus of jurors in Ar. Wasps 1091; 1094-7 ob ydp tjv . . . ov5k crvKor activity in the prosecution of officials. Sycophancy was the inevitable disease of democracy. In the wordfl of Plutarch "nol only a^ Simonides says 'on every lark must grow a crest' bul also in every democracy there must spring up a false accuser." 1 Of no community could this be more true than of litigious Athens, where the chances of perverting justice were so numerous because of the character of the courts, the very bodies thai were intended to maintain justice. The Character of the Popular Courts The organization of, and procedure in, the popular courts were largely responsible for the ease with which the sycophant plied his trade, and consequently for the great prevalence of the evil. For this reason it seems well to study the character of these courts in some detail at this point. One cannot keep too constantly in mind the fact that the Athenian dicasteries were really popular mass meetings in character and not austere judicial bodies. "In Athens cases are tried "h tc3 8-q^o)," says the writer of the Xenophontic Politeia." 1 This is practically true. The ecclesia was the meeting of the sovereign people for deliberative and legislative purposes. In the biKauT-qpiov the same sovereign people exercised judicial powers through their representa- tives the Sucaorcu. 2 This representative nature of the courts is indicated in various ways. (1) By the form of address that litigants often used: & 'Adr^ualoi, co avdpes 'AQrivaioi. (2) Speakers repeatedly identify the jurors with the whole people. "To enforce these obligations (state services) you empanel 63 Plut. Timol. 37. DeVos (p. 27) and Navarre (in Daremberg and Saglio, Did. des Ant. s. v. Sycophante) understand the statement of Plutarch to mean that Simonides made the comparison between the tufted lark and its crest, and Democ- racy and its sycophant. Bergk Ir. 68) assigns to Simonides merely the state- ment about the lark. The language of the passage in Plutarch is in favor of Bergk's view, and surely Simonides would have little occasion to mention the evil of Sycophancy. •I. 18. 1 De Sanctis, op. cit., p. 250 Keil, op. tit. Ill, 362. SYCOPHANCY IN ATHENS 1 1 juries (<5i/caoTi7pia wX^povre) and pass sentence of imprisonment upon the refractory," is the statement of Diodorus in Diodorus et Euctemon vs. Timocrates? He is addressing a court, but as the Greek words indicate, he regards them as a representative gathering of the whole people. (3) An action taken by an ecclesia is often referred to as the action of the jurors whom the litigant is addressing. "When you heard this you handed Dioclides over to a court and put him to death," says Andocides to the jurors in the Mysteries.* The action of the ecclesia, to which he refers, took place fifteen years before. But this does not prevent the identification of the jurors and the ecclesiasts. Whether the jurors addressed were really present at the meeting of the ecclesia which the speaker has in mind was a matter of no moment. This passage from Andocides shows that the courts were in effect committees of the ecclesia, by means of which the people expressed their will in matters that needed judicial action. 5 (4) The 8iKa ovde/ii' apxv-" 6 They were not at all magistrates in the usual sense of the term. There was no examination to determine the jurors' fitness to serve. They were elected by lot from the whole body of citizens and the only requirement was that they be thirty years of age or more. None of the things that in our estimation disqualify a man from acting as a juror prevented an Athenian from serving. 7 He might know all about the case beforehand. 8 In fact he might come to the court with his mind made up as to the question of guilt or innocence. 9 He might even be a friend or enemy of either of the litigants and might have indicated his attitude 10 on the question at ■ Dem. 24, 92. 4 And. I, 66. Cf. Aesch. I, 82, 85. Dem. 20, 53, 78; 23, 65. • "An Athenian Court was the nation in miniature," Wyse, notes on Isaeus IV, 17, 5. •Ar. Wasps 587. ' Cf. Bonner, Evidence in Athenian Courts, chap. XVII. •(Dem.) 40, 9, 11. 8 Lys. 6, 54. 10 Aesch. I, 44; Dem. 21, 4, 226. In the case of a trial resulting from a Probole this was more natural. 12 SYI I'- ATHENS issue. Apparently the mo I de irable juror mu the one most familiar with the < B During the | ; l'»- juror-, often expressed their approval or disapproval. Appeals for fair hearing were frequent. 11 The plaintifl in Apollodorui vs. Stephanus relates how on one occa- sion the jurors were so inflamed against him by his opponent's speech, that they drove him from the court without listening to him. 13 This is probably not a typical case. But the disorder among the jurors was pronounced enough to warrant frequent requests of m 1 ) Oopv&eiTe.' 1 * Plato compares the hooting and clapping of the hands in the courts to the behavior of an audience in a theater. 15 Under such circum- stances the litigants naturally interrupted one another with noisy questions and protests. 16 To check this turbulent mass meeting was not in the power of the presiding officer. Neither did he have the authority to force a speaker to confine his remarks to the main issue. The result was that a startling amount of all kinds of irrelevant matter was brought into nearly every case. It is true that "a jury could and did freely express its disapproval of the argument used by a speaker or bade him stick to the question at hand." 17 In fact the Heliastic oath provided that the juror vote on the matter at issue. 18 It is not uncommon to find apologies for digressions 19 or assurances that the arguments that appear to be digressions are not really foreign to the subject. 20 But the only real restraint on the evidence that was brought into a case was the fear of exciting the resentment of the jurors. 21 11 Demosthenes regrets that jurors who are to judge the matter over which he is in dispute with his guardians are not familiar with the case (27.1). Plato in the Laws (937A) advises that the juror who is familiar with a case should become a witness and not vote as a juror. This is in accord with his other criticisms of the Athenian court system. "Dem. 23, 1-5; 45, 1. 11 Dem. 45, 6. 14 Lye. c. Leoc. 52; Hyp. Lycoph. Frag. II; Plat. Apol. 20 DE; Xen. Apol. 14. » Laws 876 B. " (Dem.) 40, 61; (25, 19) Plato Apol. 27 B; Aeschines (I, 84.) compares the noise and uproar with the behavior before the Areopagus, where even laughter is not permitted. 17 Ant. 5, 90; 5, 8; cf. Bonner, Evidence, Chap. II, p. 16. 11 Dem. 24, 151. "• (Dem.) 40, 50, 57, 59, 63. ,0 Lye. c. Leoc. 46. 11 Cf. Bonner, Evidence p. 15. SYCOPHANCY IN ATHENS 13 The irrelevant matters were of many kinds. A man's whole life was open to review. 22 The attack on a man's life might be put in general but exceedingly effective terms. "I cannot tell all his bad points since I have not the time." 23 "His vile deeds are not fit for utterance." 24 "One cannot live in the same house with men of his class." 25 Or else it might be very specific and deal with his moral charac- ter, political career or personal peculiarities. 26 Nor did a man's relatives or friends escape calumny. 27 Even the witnesses or advo- cates of the opponent received their share of the abuse. 28 Defamation of opponents is naturally accompanied by a recital of the reasons why the speaker should receive the jurors' favorable consideration. The good qualities, political record, patriotic tem- per, services to the state, of the speaker or his relatives dead or living were rehearsed. Reference to good deeds had come to be regarded as necessary. 29 Some litigants, in addressing the jurors refer to their faithful performance of certain duties and say "In fact I spent more than I was asked in order that I might stand higher in your esteem and, if I ever became involved in a lawsuit, might have more success in my suit." 30 Even advocates (ffvvqyopoi) mentioned their services to the state as reasons for obtaining the acquittal of their "clients." 31 Like all popular gatherings the jurors were easily swayed by ap- peals of various kinds. 32 They were especially susceptible to those that touched on their prejudices in favor of democracy. 33 It became common therefore for speakers to represent themselves, 34 their ances- ■ Dem. 23, 20; 32, 27. Aesch. 1, 196. 23 (Dem.) 40, 38. u Aesch. I, 55. 26 Dem. 39, 57; 36, 8; 25, 32; 20, 13; Aesch. I, 58; (Dem.) 40, 5. »Dem. 45, 63-65; 37, 33, 37-8; 36, 44-45; 39, 16-17; 24, 159; 25, 56-58; And. I, 124. Such things as fast walking, loud talking, unattractive appearance, carrying a cane (Dem. 37, 52; 45, 77), were included in the accusations. On some matters the Athenian massmeeting was more sensitive than the modern. 27 Ant. 5, 79; Dem. 39, 27; 25, 55, 79-80; 24, 200-201; Hyp. IV, 31, 32. 28 Aesch. I, 55-56, 167, 170; Dem. 45, 47; 24, 136-7; (40, 58 ff.); Lys. 12, 62 ff. 29 Dem. 20, 76; 21, 154; 24, 127; 34, 38; 36, 36-42; 45, 85; 38, 25; And. I, 106. 30 Lys. 16, 17; 25, 13; Dem. 25, 76. 31 Lye. c. Leoc. 139. 32 Cf. Plato Enthyd. 290 A K^Xrjats . . . Sik^tQu. 33 And. I, 4. 34 Lys. 16, 12; Ar. Wasps 282-83. 1 1 BYCOPB INI v i\ \iin tors, orthewitne e they furnished, as partisans of the demus and belonging i ■> r6 vyttTtpov irXrjOos. It was equally natural to picture the opponents .1 hating democracy,' 1 oligarchic in tastes and senti- ments," «>r even t<> compare them with tyrants. 3 ' Since opposition to democracy was Bynonymous with opposition to the popular court-, it is easy to see what effect such insinuations had on the temper of the juror-.'"' Mattery and complimentary remarks about the jurors were I edingly customary. They were reminded of the glory of the men from whom they are descended; 41 called "guardians of the laws and the constitution;" 12 they "know how to curb even the most clever men"; 11 "such powerful men it is an advantage to have as assistants and friends";" "their fairness and justice" are admirable. 45 When mistakes of the jurors must be mentioned they were explained, most often, as resulting from "deception." 46 Appeals to the prejudice and passion of the jurors were common. Defendants are said to put themselves above the laws of the state; 47 to be trying to rescind what a dicastery once decided; 43 to be insulting the ecclesia and the courts. 49 Or the jurors are warned that their powers are in danger; 50 that they have a villain at their mercy; 51 that god has endeavored to give them "a chance at" the wrong- 86 And. I, 106. 39 Dem. 21, 96; Plato A pel. 21 A. 37 Ar. Wasps 474-5. Lys. 25, 7. »• Dem. 24, 57, 76, 78, 87, 90, 154, 164. »• Cf. Ar. Wasps 488 ff. And. I, 101. "Ar. Wasps 411 ff.; 474. "Lye. c. Leoc. 127, cf. 119, 110. " Dem. 24, 2, 37; 21, 92, 224-25. « Dem. 30, 14; Hyp. Ill, 23; Ar. Wasps 258. "Dem. 45, 85; Ant. I, 22. « And. I, 9, 91; Dem. 32, 21-23; Hyp. IV, 33 ff., 36, 38. "Dem. 21, 160; 20, 98; 22, 46; (40, 55); Plato Laws 938 B; Lye. c. Leoc. 79, 139; Ar. Knights 1345; Aesch. I, 93, 117; Dem. 22, 96-97; Cf. Ar. Wasps 900 ff., where Philoclcon says of the dog that is to be tried " itairarifftiv m' oUrai." " Dem. 35, 54. «• Ibid. 24, 73. "Ibid. 21, 193, 197 ff. "Ibid. 21 2. 61 Lye. c. Leoc. 91. Dem. 24. 205. SYCOPHANCY IN ATHENS 15 doer; 52 that they have been wronged and now have an opportunity for vengeance. 53 The ordinary 8iKaarai whose main source of income 54 was the rpikfidhov could not fail to be aroused by appeals that touched their prejudice against rich men. 55 Litigants therefore found it to their interest to represent their opponents as wealthy and themselves as suffering from poverty or at least in moderate circumstances. 56 When men who were undoubtedly wealthy were on trial the plaintiffs often argued that conviction was the jurors' advantage. One man com- plains of the disadvantage under which he labors in being compelled to defend himself at a time when state funds are low. 57 Direct requests for pity were so common that the failure to beg for the jurors' compassion was regarded as a sign of antagonism towards the popular courts and their methods. 58 Defendants even wept before the court. 59 Hardened criminals were said to be able to shed tears in court when occasion demanded. 60 Introduction of women and children to move the jurors to pity by their pleas and tears was common. 61 Even the advocates were expected to plead for com- passion toward their "clients." 62 One is not justified in concluding that this situation rendered all trials unfair or all decisions unjust. But these irrelevant matters made it extremely difficult for the average juror to base his verdict on the real issue as his oath required him to do. In the words of the Xenophontic Socrates " Do you not see that the Athenian dicasteries frequently become enraged and put innocent men to death and frequently acquit those guilty of wrong, moved to pity by their pleas 62 Dem. 56, 47; Lye. c. Leoc. 134. " Dem. 24, 90; 20, 34; 21, 7-8, 66, 209 ff.; 23, 100; 35, 56. "Isoc. 8.130, cf. 7.54. M Isoc. 15, 160. M Lyc. c. Leoc. 150; Dem. 36, 58; 45, 66 ff.; Hyp. Ill, 32, 35; Dem. 21, 209; 27, 53; Dem. 20, 24; Ar. Knights 1360, Wasps 287 ff.; 627-28. "Lys. 19, 11. Cf. Ibid. 28,3. 69 Plato Apol. 34 C-E. 69 For instances in which the speakers begged for pity vid. Lye. <. 150; And. 2, 6-7; Ar. Wasps 556, 564, 967-977; Dem. 21, 213; 38, 19-21; 27, 68. 11 Dem. 39, 35; 38, 27. "Even rascals like Pantaenetus will weep and lament" (Dem. 37, 48.). 61 Dem. 21, 99, 186; 25, 83-84; Plat.) Laws 94') A; Ar. Wasps 568 ff.; cf. Plato Apology supra. Aristophanes ridicules this habit very effectively in the Wasps (976) by representing the whelps of the dog that is on trial whining and begging for his life. • 2 Dem. 21, 83; Lye. c. Leoc. 135; Dem. 36, 57; Dem. 37.48. If. BYCOPH oi by their eloquent speei hi \nd in the P thai nut Meletus or Anytus will convict him it he is convicted, but the envy and slander of the many, i which has convicted many other good men will not fail to convict many others. There is no danger thai it will stop in his case. 04 Criticisms of the courts by contemporary writers were not unu- sual. Plato advocates thai the popular courts be given jurisdiction over matters of very slight importance. H ests a remedy for the evils of the Athenian system by proposing the organization of a "supreme court" the members of which should he subject to dokima- and liable for trial if accusation of unjust decision is brought against them. 98 This might have been an effective remedy. As it was the jurors were sovereigns and subject to no dokimasia or eu- thynae as magistrates were. Isocrates in the Antidosis quotes at length the opinion of a pessi- mistic friend who had tried to dissuade him from a recital of his good deeds before the jurors. "Some of them are so savage because of their envy and poverty, and are so peevishly disposed that they object not to villany but to a good career, and hate not only the most moderate citizens but the best pursuits. This is bad enough. But they even join the side of wrong-doers who are on trial and pardon them while they put to death those whom they envy, if they can." 67 This is no doubt overdrawn, but the whole Antidosis is full of criti- cisms that are less exaggerated. The undue appeals to the passions that are made in the courts are criticised by Aristotle. "For it is not right that an orator should bias the judge by winning him on to anger or pity or jealousy; since that is as absurd as it would be to make a ruler, that one expected to use, crooked." 68 The writer of the Xenophontic Politeia characterizes the Atheni- ans in the courts as "concerned in what is just no more than in what is advantageous to them." 69 Even the orators give expression to direct criticisms, especially on the use of irrelevant matter. The popular courts are compared M Xen. Apology 4. •* 28 A. M Lius 876 AB. •• Ibid. 767 C-E. ■ IS, 142. "Rhet. 1. 89 I, It. SYCOPHANCY IN ATHENS 1 7 with the Areopagus where even laughter is not permitted and where the chances of wandering from the main subject were comparatively slight. 70 "Neither should a man's good deeds save him from con- demnation if guilty, nor his evil deeds apart from the charge against him condemn him if innocent." 71 The plays of Aristophanes 72 teem with criticisms, more or less exaggerated, of the courts. One play, the Wasps, is entirelv devoted to a satire of the judicial system. The jurors are represented as wasps ready to fasten their stings of condemnation in the defendants. Litigants are careful not to irritate the wasp nest. 73 Stinging is part of their business. 74 The carefree, irresponsible attitude of the jurors and the whole nature of the court is well caricatured, if not described in Philocleon's eulogy on the jurors' "Happy Life." 75 "Then when I have entered the court room, after being entreated and having my anger wiped away, I perform none of all these things that I promised; but I listen to them uttering all their eloquence for an acquittal. Come let me see; what piece of flattery is it not pos- sible for a dicast to hear there? Some lament their poverty, and add ills to their real ones until by grieving they make theirs equal to mine; others tell us stories from the myths, others some joke from Aesop; others again play some funny pranks that I may laugh and lay aside my wrath. . . And if Oeagrus 76 enters court as a defen- dant he does not get off until he recites us a passage from the Niobe, the most beautiful that he can find. And if a flute-player gains his suit, as our fee for this he plays a finale for us dicasts, as we Leave the court, with his mouth-piece on. . . Do I not hold a great empire and one in no way inferior to that of Zeus, I who have the same title as Zeus? At any rate if we jurors make an uproar 77 each of the passers-by says 'Lord Zeus, how the court thunders!' " Before these popular courts the sycophant had a distinct advan- tage over his victim. Mere accusation against a man was enough to prejudice the jurors, who regarded the whole proceeding from a per- '"Aesch. 1, 84. 71 Ant. 5, 11. Bonner, Evidence Chap. II. Cf. Dem. 20, 166. 72 Aristophanes was by no means an impartial critic of Athenian democratic ideals. Vid. p. 18. 73 399, 1101. 7 < 1113, 1121. 76 559-567; 578-582; 620-625. 7 * A tragic actor. 77 622 Oopv0T)autitv; cf. fii) OopvfitiTt (Plato Apol.). IS BYCOPH ■■■■■< 1 i'- \ i m iona] standpoint. Defendants keenly felt that the odds were ■i i them. The plaintiffs who were in no d lid state any- thing they wished, while the defendants in their fear forgol even the good deeds they tnighl menti< a.' 1 Philocleon, who is pictured by V tophanes a- a typical juror, in the trial of the Dog de< ides against the defendant before both sides are heard; 79 refuses to believe the defence;* lias mine to courl with "condemnation in his eye;" 81 hates to realize thai he is beginning to feel a little compassion for the defendant; 81 and finally faints from the shock when he learns that he has, by mistake, acquitted a "man on trial." 83 For such an act he doubts if the gods will forgive him. M The sycophant as the first speaker, could paint his opponent as bad as he desired. He was familiar with the appeals to which the jurors were most sus- ceptible and could use them to good effect. This situation made it relatively easy for the sycophant to levy blackmail. Few of those whom he threatened with prosecution would care to risk trial before this turbulent mass meeting so easily swayed by appeals to passion, prejudice, self-interest, power and pity. In spite of the blackness of this picture it must be remembered that the purpose of this section on the nature of the Courts is not to prove that justice was impossible in Athens. That would of course be untrue. It is however necessary to keep in mind the possibilities of the miscarriage of justice. No one would pretend to take all that Aristophanes says in satire of the democracy as representing the actual situation. However, he cannot be very far from the real con- dition. His description usually contains just enough exaggeration to make it humorous. He would be a very poor artist indeed if he misrepresented circumstances in Athens to any great extent. One of the chief reasons for assuming that his criticism, and the biased statements of litigants, are not far from the truth, is the generally accepted contrast between the Areopagus and the other courts. The situation has been well described by Wyse. 85 "There is no evidence that the Athenian judges were often bribed or terrorized or 78 Hyp. I, 8. cf. Ar. Wasps 878. 79 Ar. Wasps 920. 80 Ibid. 966. 81 Ibid. 847-50. 8: Ibid. 973. 83 Ibid. 1000. "Ibid. 1001-2. ■ Whibley, Comp. to Greek Studies, 3rd ed. 476. SYCOPHANCY IN ATHENS 19 intentionally dishonest. Neither did the discretion granted them in the absence of a statute become an instrument of oppression. This danger, though real enough, was diminished by the number and repre- sentative character of the judges, who were not likely to treat as criminal, acts tolerated by public opinion. But the speeches of the orators are a convincing proof, if proof be needed, of the vices inherent in such a system. The amount of injustice done cannot now be estimated, but it is sufficient condemnation of the courts, that appeals to passion and political prejudice, insinuating sophistry, and outrageous misrepresentations of law were judged by shrewd and experienced observers suitable means to win a verdict. No devel- opment of law was possible; nothing excited the suspicion and mis- trust of the judges so much as a display of legal subtlety. . . The conclusions of a court were bare affirmations or negations, not dis- criminating between law and fact, applicable only to a particular case and based on reasons which were known only (o the individual voters, and perhaps not always to them. And these decisions, such as they were, could not bind another court, for in theory and practice the courts were equal and independent, each being a committee of the sovereign people supreme and irresponsible." The Prevalence of Sycophancy Indications of the great prevalence of sycophancy are numerous in the plays of Aristophanes. An incident that illustrates very well the omnipresence of the watchful ''informer" is found in the Achar- nians. 1 The Megarian has just arranged a trade with Dicaeopolis. Then the sycophant appears with his " were alleged to have contraband goods in their n, and the river 'l-a™ were particularly effective. One of I aeopolis' markel rules iskvravda ny T * oi'KoTw eiaLrw ^r aXXos 5aru ^aoiavb% tar' avr\p? A similar pun occurs in the Birds where Peisthetaerus admits thai he is fturiamos. " From Phasis" applies idingly well to Athens the "land of information Numerous al o are the puns on word- thai suggest a resemblance, mar or remote, to the substantival part of the term (ot/kov). In the Wasps Philocleon is trying to get out of his house in order to join his fellow di< asts on their way to court. He is represented as resorting to all sorts of methods. One is to go out of the chimney as "smoke." "What kind of smoke?" asks his son. "Figwood" (avuivov) is the an- swer. 5 And later on at the trial of the dog it is decided that if he is found guilty he shall receive a "collar of 'fig- wood' " as his punish- ment. 6 Aristophanes was not the only comic poet who ridiculed the sycophants. Cratinus' "My Lady Bribery of the Fig-sandal" (Au'poi (TVKoire5i\e) was a favorite song at banquets. 7 3 Achat. 725-6. This has been cleverly translated by Walsh. "Here let no base informer dare to come Nor any other man from Quibbleford." This brings out the pun on Athens as "Quibbletown," and the river Phasis. In the Knights (1256), Demosthenes asks the Sausage Seller if he may be his "Phanus" or secretary of indictments. •68. 6 145. 7-8. Cf. Plutas 946, where the sycophant think? he will feel safe if he finds a companion of "figwood" (i. e., a club made of figwood.). As a thrust at the sycophant, Aristophanes evolved one of his best comic compounds. Bde- lucleoD {Wasps 505) says that he wants to make his father live the life of a gentle- man and be freed from "these early-rising-base-informing sad litigious plaguy Ways," 6p$oifoiToavKOi^ai , To5iKOTa\aiir6}pcjv rpoTrwv. One of the best indications of the readiness to suspect men as guilty of sycophancy is found in the Plutiis (970). Chremylus has just disposed of a sycophant, when in comes an old woman lamenting loudly as the sycophant had done. "Now what's the matter here?" he asks in comic despair, "are you by any chance a "sveophantress"? ^, xoC nal av crvKOipavrpia. The Scholiast's ex- planation that this is equivalent to asking if she is ironjpd lacks point. 7 Knights 52'). This involves a parody on the Homeric "llpv xpwojreitX* with the ever present pun on aixovavrris. Vid. Rogers' note ad loc. SYCOPHANCY IN ATHENS 21 Much of Aristophanes' satire on the evils of the day is, no doubt, exaggerated. One cannot suppose that the situation is exactly as bad as he paints it. But after making due allowance for exaggera- tion, there is every reason for believing that his constant ridicule of sycophants would have had no dramatic value if sycophancy had not been a prominent and well recognized evil in Athens. We are not compelled to depend upon Aristophanes alone for information about the prevalence of sycophancy. Evidence of every sort is common in the orators. Prosecutors constantly attempt to convince jurors that they have personal motives for bringing suit. This is due to the fear that they may be regarded as sycophants or, at least, as unduly litigious. The satisfaction of a personal grudge by means of litigation was con- sidered a proper proceeding in Athens. "For what one hears in public cases is certainly true, 'that personal or private enmities recti- fy many public wrongs.' " 8 The necessity of making this usual introduction is indicated by Lysias in his accusation of Eratosthenes. 9 He asserts that "formerly accusers had to show what their private enmity was against the defendants." Although he seems to suggest that the situation had changed and other things were so necessary that this was no longer done, he cleverly lets the jurors know that he has personal reasons by saying, " Not that I have no private grudges." Even the unqualified protests against the custom of urging private motives for a prosecution, to which expression is occasionally given, are equally instructive as to the prevalence of the practice. 10 Sometimes a speaker assures the court that he is not a sycophant. "I am not acting as a sycophant in introducing this aTroypapr}," is the introduction made by the litigious Apollodorus in one of his prosecu- tions. 11 So Trygaeus, the hero of the Peace, on Heaven's threshold answers the question as to who he is, by the assurance that he is "no sycophant or lover of lawsuits." 12 It would be fatal to his mission to be mistaken for that undesirable type of Athenian. The majority of speakers, however, content themselves with a protestation that they are not litigious. The implication that they are not sycophants would be plain. "I am not ipikoitpayii^v but 8 Aesch. 1, 2. •Lys. 12, 2-3. 10 Vid. Lye. c. Lcoc. 6; Dem. 23, 1; Lys. 31, 2. 11 Dem. 53, 1. 12 Ar. Peace 191. 22 BYCOPB Mill.NS hnpayiJiui-." "It is with qo mere fondness for litigation that I have brought this suit";" "I have never brought a public suit a citizen, gentlemen of Athens, uor have I harrassed anyone when he ing hi- accounts, but in respect of all of these things I have conducted myself, in my opinion, as a good eiti/.en should"; M "I have tried every method possible in order to come to terms with the defendant, so as to avoid using the courts, and I come here as a last resort." 1 * Occasionally the prosecutor is not content to show that he has lived a life of air pay fioavvrj , by asserting that he has not worried others with Lawsuits. He couples with this the assurance that his life is such a peaceful one that no one has ever brought suit against him."'' An exceedingly frequent method of describing one's unfamiliarity with the courts is to picture one's helplessness and inability to make a good speech or to plead well. " I am so far from being able to speak about what it is fitting that I should, that I am afraid that I shall find myself unable to speak even about what I am compelled to speak." 17 The charge of sycophancy against the other side is a common means of averting suspicion from oneself. A man so branded was at a disadvantage: "I am unexpectedly fallen upon charges and villanous sycophants"; 18 "not as a sycophant have I brought this suit, but because I was myself vexatiously prosecuted"; 19 "My opponent is an exceedingly clever speaker and very familiar with the courts"; "all his life is spent in the courts"; 20 "the case against me has been 'trumped up' "; 21 "the case has been brought for mon- ey."" "Dem. 30, 1. M Aesch. 1, 1. » Dcm. 30, 1 ff., cf. Lys. 32, 1-2. "With no desire to gain the money of others unjustly, have I brought this suit," says the speaker in the Trapezitkus (Isoc. 17.1.). "I have enough money even if I lose the suit." The desire to avoid the charge of sycophancy is strong indeed to make a litigant confess that he has money. "• Dem. 24, 6; Lys. 12, 3; 19, 55. Dem. 34, 1. "Lys. 17, 1; Dem. 21, 141. "Lys. 7, 1; (Dem.) 40, 5, 12, 16, 32, 43, 53. That the accused in this case is a professional sycophant does not damage the value of the statements. " Aesch. 1, 1. avrdt i5t'p avnoTovntPos. *° Dem. 22, 4; 23, 206; vid. also Plato Apol. 17 BC. 11 And. 1, 117; sec. 1-7 are t6toi of this nature also. Dem. 24, 1. » Ant. 5, 59, 79. SYCOPHANCY IN ATHENS 23 Doubtless the most instructive passage on the prevalence of sycophancy and on the attitude of the bulk of the Athenians toward it is found in the Antidosis of Isocrates. In his old age the orator feels the necessity of writing a defense of his life and teaching. The plan that he chooses for this defence is significant. 23 "I saw that if I should endeavor to praise myself, I should find myself unable to include everything that I had set out to discuss, and that I should not succeed in speaking pleasingly nor fail to incur envy. But if I should represent myself as involved in a lawsuit and in danger, and represent the one who had brought the suit against me, and was causing me the trouble, as a sycophant who employed the same slanders that were used against me in the antidosis case, and if, further, I should repre- sent myself as speaking in the form of a defense, I saw that in this way it would be possible for me to talk most easily about anything that I might happen to want to discuss." This speech was not intended for delivery in the courts, but for publication. This makes the statement more valuable. Not all the accusations of sycophancy made by litigants in the court room can be taken seriously. Their statements are ex parte. But the use of the sycophant motif in this speech by Isocrates, indicates that those of the reading public into whose hands the airoXoyla would fall, were sure to receive with sympathetic interest an autobiography that represented its author as a much abused citizen hounded by a sycophant. Since sycophancy had become such a disease it is not surprising that some conservative and anti-democratic Athenians preferred to live away from the city. This would be especially true of the wealthy ones who were in greater danger from the sycophants. Diognetus, the brother of Nicias was beset so much by sycophants that he left the city. 24 Some citizens possessed estates in Thrace and resided there to be rid of the litigation and worry of Athens. 25 In the Knights Cleon is represented as endeavoring to bring such men back to Athens and involve them in lawsuits. "And if you know of some one who is living a peaceful life, free from lawsuits and who is a dullard, you bring him back from the Chersonese, catch him around the middle, nip him in the hook of your arm, then wrench his shoulder and — bolt him." 25 Charmides in the Symposium of " Isoc. 15, 8. "Lysias 18, 9. 25 Ar. Knights 261 (Merry.) Cf. Frere's notes ad loc; Ant. 5. 78; Ar. Wasps 281. Van Leeuwen takes this to refer to a rich cleruch. 2 I BYCOPH v.' \ r- ITH1 Xenophon,* 6 congratulates himself on bis poverty, because it freed him from the persecution of ili<- qui ycophants who beset him \\1h n In' was wealthy. "Then I i ompelled to fawn on them for exceedingly good reasons. I was always being appointed to rvice by the state, and was never able to get away from Atlun ." I i dom from attacks by sycophants is regarded by Plutarch a- one of the consolations for banishment.** The whole plot of the Birds centers about the desire of two con- mt\ ative Athenians to get away from Litigious Athens and spend their days quietly. Of course, this is not direct proof that Athenians in any great numbers did look for a towov an pay pova in actual life. 29 Bui taJ en tOg< ther with the other reference- to the habit it is corrob- orative evidei Sycophancy had grown until it had become a profession in Athens. Epichares, one of those in the cabal against Andocides, i- accused of having lived by sycophancy under the democracy. 30 There must have been a considerable number of such professionals, since the first attack of the Thirty was made against those who made a living by the methods of sycophants. 31 When Praxagora tells her husband that under the new situation, with women in control of the government, he shall no longer be permitted to play the sycophant, he cries out "Oh! by heaven. Don't do that. Don't take away my life and livelihood." 32 There are good reasons for believing that the profession of syco- phant was handed down from father to son in some families. The sycophant that makes his appearance in Nephelococcygia knows of no way to make his living except by his pettifoggery. He refuses to learn any more honest occupation. That would be to shame his « IV, 30. :: Clearly he does not mean merely that his liturgies kept him from the pleasures of travel. The force of the /cai yap &ri koI and of the p& and 5« of the follow- ing clauses shows that the airo5rnji(ti', if it had been within his power to indulge in it, would have been a method of relieving himself of the necessity of "fawning" on the sycophants. »De ExUlo 11. (Didot Vol. I, 729.) 28 At. Birds U. so And. 1,99. 31 Xen. Hdlen. II. 3, 12. Sycophants are blamed for the war (Achar. 820) and the revolt of the allies (Lys. 25. 19; Isoc. 15, 316-18). This implies that there were very many. M Ar. Red. 562-3 ^5' d y -f\jj p.ov tov Jiov. SYCOPHANCY IN ATHENS 25 family. The profession of sycophant has been in his family for several generations and it would mean disgrace to give it up. 33 To anyone but the extreme democrat the sycophants must have been /3apets. 34 There is little reason for wonder that the Thirty made their first attack on democracy by ridding the state of those who made a profession of sycophancy. 34 In regard to this measure there was apparently unanimity of opinion among the tyrants. Theramenes, who was always regarded the most moderate of the body, in his defence of his opposition to their extreme cruelties, says, " While you put out of the way those who were confessedly sycophants we were all of the same mind." 35 Aristotle says that the city was delighted with the first measures of the Thirty; "the execution of the sycophants and others who were KaKorpa.jfj.oves Kal ■Kovrfpol." People thought that the Thirty were acting for the good of the state. 36 Many an Athenian would undoubtedly agree with the Megarian in the Acharnians: "olov to Kawv h rols 'Adrjuats tout' m." 37 No better statement of the situation that had been brought about by the prevalence of sycophants can be found than the words of the orator Lycurgus. "Things have now come to such a pass, that the man who undergoes personal risk and incurs hatred for the sake of the state, gets the reputation of being not u) ypadaiueiv in their technical legal sense, play in some of the suggested etymolo- gies of (TVKOipaVTtlV. iLiroypatprj. This term has two common meanings. (1) An inventory of goods claimed as state property and alleged to be unlawfully held by a private person. (2) The legal action taken to recover such property for the state. The awoypcupr) was most com- monly used against state debtors who concealed their effects, or against some one who was supposed to have unlawful possession of confiscated property. 21 Relatives were constantly accused of con- cealing confiscated property, or of complicity in concealing the effects of a state debtor. Several features of the a.Troypaerty lefl by Eucrates. A decree was pa ed to thai effect. In the speech thai we have the elder son of Eucrates oppos< ecution. The reasons for the confiscation are not known. 'I he impression that the defense makes, however, is that the whole affair i- t\uv to some litigious person's desire to enrich himself by bringing before the court a relative of the wealthy Nicias, who was never a friend of the extreme democracy. Ordinarily he relatives of a man put to death by the Thirty would run no such ri k as the descendants of Eucrates do in this case, lint the wealth and conservative one of this family were serious disadvantages. Confirmatory evidence for this view is found in the referent' to the voluntary exile of Diognetus, another brother of Nicias, due to the malicious persecution of sycophants. 32 Opportunities of bringing airoy penpal against state debtors must have been numerous. The case of Apollodorus vs. Nicostratus is of that type. The litigious nature of the prosecutor and his careful insistence on tie desire to avenge himself for personal wrongs might arouse suspicion that in this instance we have a case in which the prosecutor is a sycophant, and is bringing the suit for the financial gain that there may be in it. But his renunciation of the reward is rather conclusive proof that he is sincere in the motives he alleges. 33 After all it is not important whether Apollodorus is a sycophant in this prosecution or not. His careful insistence on per -onal motives and the renunciation of the fee are intended to show that he is not. This in itself is the best indication of the degree to which sycophants used the airoypaif-n. The jurors were likely to be suspicious of a prosecutor in a suit of this type unless he made special efforts to put himself in the right light before them. There are general charges of sycophancy in some of the cases. 34 These do not, to be sure, prove anything about the character of the S1 Lys. 18. Lipsius (A. R. 299) regards this speech as dealing with an iirroypa^. (t certainly has the tone of a defence rather than that of a speech delivered by a prose- cutor attacking the constitutionality of a decree. For the latter view vid. Jebb .4//. Or. Vol. 1. "Lys. 18, 19. M Dem. 53, 1 (T. ••Lys. 1", <>. 51.64. SYCOPHANCY IN ATHENS 3 1 prosecutor in question. But they point unmistakably to the fact that the airoypcupri was a favorite suit with sycophants. There were undoubtedly many of the profession who like Agoratus enriched themselves by this form of suit. 35 Significant evidence of the number of (paaeis and aroypaifal that were brought by sycophants is found in the fact that Hyperides chooses such suits as typical examples of the activity of sycophants. 36 The orator devotes considerable space in the latter part of the speech for Euxinippus to a defence of the courts. His main thesis is that sycophants are regularly punished and that in this way the courts aid the citizens. As examples of this he cites the cases of Lysander and Teisis. The latter had brought an aivoypa^r] alleging that the property of Euthycrates was liable for confiscation. To win the jurors' votes he promised to get for the state more than seventy talents. He also made promises of bringing similar actions against two other Athenians. He lost his case, however, and did not receive one-fifth of the votes. The case of Lysander wa- similar. He had brought a <^d!' Athens, representing her as belonging to himself he shall be disfranchised, and his property -hall be confiscated, and the third part thereof shall be given to the person who has procured his con- viction." Stephanus and Neaera arc accused of having transgressed these laws. It' Apollodorus describes the situation truthfully, there can be no doubt that in this instance he and Theomnestus were justified in prosecuting. Their motives were, however, revenge and they emphasize this to make clear to the jurors that they are not syco- phants. The chance of getting the reward would appeal to many who would accuse for no other motive. They were reasonably sure of success since the jurors would be influenced by the Athenian jealousy of the rights of citizenship and the desire to keep the Attic blood free from contamination. As litigant the sycophant could avail himself, on occasion, of private suits (Sinai) as well as public. But the chances here were fewer. He could bring such suits only if personally concerned. 40 The Sycophant as a Blackmailer The most lucrative side of the sycophant's business must have been blackmail. 1 When one recalls the nature of the courts one realizes that many an Athenian would prefer to settle with his accuser out of court, rather than run the risk that a trial would involve. He never knew what incident in his past life might be brought into the case to influence the jurors or who might join in attacking him. The father of Mantitheus feared to come into court in a case brought by Boeotus lest someone who had been offended by him in some political act might come forward and aid his accusers. 2 If a man of means was haled to court his enemies reg- ularly assisted the prosecutor and if a verdict was secured, it acted as an incentive to others to bring suits against him. The defendant in "Ibid., 52. (Kennedy). 40 Discussion of the sycophant's use of 5f ytvvaios inrd avKo^avrCiv riXXtrcu. "Isoc. 21.5. I I SYCOPH \N< V IN ATHENS Demosthenes describes a man who • to litigation (a-wpky- fuav) ;nxl so uprighl thai he Lost his whole property, evidently either through court judgments <>r by paying accusers to keep the matter out of the court .'" Ili desire to live without xpayftoervvri was appar- ently well known t<> sycophants. "The rich can buy off tdviwot" i-. the terse summary of the Cripple. 11 "By displaying their powers in the case of men who live uprightly they can exact much more money from real evil do< t " is I ". rates' explanation of the activities of the sycophant against law abiding dirpay/jLoues. 12 "Those who are guilty of no Wrong are the ones from whom sycophants get most of their money" is the opinion expressed by another speaker. 13 Timar- chus is described as having made most of his money by blackmailing those who were entirely innocent of any wrong. 14 Cleon is said to have been especially ready to attack d7rpdY;uoj'es. 15 The attitude of the jurors towards such wealthy defendants assisted the sycophant. Charmides in Xenophon's Symposium says that his most prized possession is his poverty. When he was rich he was compelled to fawn on sycophants and was in constant dread of losing his money because he knew that they could do him more harm than he could do to them. 16 The harm that he mentions is presumably the adverse decision that he would have reason to expect if he carried a matter to the court. "Before the jurors" says Isocrates somewhat bitterly, "a defendant must apologize for financial success. Wealth rather than crime makes a man's life precarious." 17 A clear case of settlement to avoid trial is found in Epichares vs. Theocrines. 1 * The defendant had brought a phanic style by Philocleon's anger at the cock wh > wakes him too late, "bribed by those liable to account (virevOwoi)" Wasps 101-102. •Id BYCOPH \iiik\s On.- of the mosl striking examples of the Bycophanl who extorted money from officials by threat - oi a< < usal ion al I he euthynae is that of Phili rhose methods have been discu ied above. He marie a busim torting money from inrcbOwi Vristogiton another professional sycophant attacked Demosthenes twite ai i !h- cut liyiiac." According to Acschines, 'I iman hus extorted mone) from officials systematically. "When he became one of the public auditors (XoyiaTrjs) he did the city a great deal of harm by accepting bribes from such as had been unjust in the conduct of their offices. Hut he was more active as a blackmailer at the time of the euthynae against those who had done no wron r One of the uses for which the sycophant could be employed according to Dicaeopolis was to serve "as a lamp to show up those who are to render their accounts." 88 It is noteworthy that this is the only field of activity mentioned by name in this connection. The others are all included in rpi7rr?)p 8iku)i>. In the Knights Cleon is represented as an expert at the business of "picking the ripe vireiidwoi." Like a fig-gatherer he tests with a squeeze which are green and hard, which are ripe and luscious, and which are not quite ripe. Evidently those who are "fully ripe" are the ones worth "pulling" for the money they will pay. 39 How common it was to "worry" magistrates at the time of their final audit is shown by the proemium of Aeschines vs. Timarchus. "I have never indicted any citizen, gentlemen, nor worried any of them at the euthynae." 90 The insertion of this in a proemium inten- ded to prove non-litigiousness is very significant. It was one of the fields of activity with which the sycophant was naturally connected. Private suits (5u-at) offered the sycophant fewer chances of threat- ening prosecution, since only the person immediately concerned could enter such suits. In spite of this, the active sycophant, who watched his opportunities, found occasions for gain in this field. "In the same way every one has been in the habit of making groundless attacks upon me (pf ovnoipavrtiv) . They enter 5ikcu in the interest 85 Antiphon 6. 43. 88 Dem. 25, 37. 87 Aesch. 1, 107. 8S At. Achar. 936 ff. 89 Ar. Knights 259-60. Cf. ibid. 824. "Whenever you (Demus) are yawning, he nips off the tender tips of the audits and bolts them." (Merry). 90 Aesch. 1,1. SYCOPHANCY IN ATHENS 47 of private wrongs, they make charges in the interest of matters that affect the state, and spend more time in maligning my father than in proving the truth of their affidavit; and they disregard the laws to such an extent that they think it right to exact from me penalty for the wrongs that they say you suffered from him." 91 The nature of the courts made it possible for such attacks to be successful. A profes- sional sycophant, with his expert knowledge of law, could un- doubtedly extort money by threats of well-founded or groundless Sinai. The notorious Callimachus was extremely successful in forcing such settlements. 92 Cases of felonious wounding (5t/cat rpav/jLaros) "seem to have been notorious as instruments of false accusation." 93 Aeschines charges Demosthenes with having brought such a case against Demomeles. He even says that this was one of his "habitual villanies." 94 In the course of his litigation with Boeotus, Mantitheus was brought before the Areopagus on this charge by Boeotus. The accusation was proved false beyond a doubt. 95 Homicide cases (5ikcu i his slaves. Nf had also "suborned his cousin to claim it." The cousin evidently had legal righl to enter the suit." One need noi assume thai Callicles or his cousin are sycophants. They may table citizens. Bui the methods of which they are accused make it clear what unprincipled p irs mi^ht do. 1 ' The Sycophant as The sycophants' field of activity was not limited to such work as they did on their own initiative. Their services were also at the disposal of those who wished to hire them. They could be used as ■>ts for various purposes: (1) to bring suits against personal or public enemies; (2) to introduce laws and decrees; (3) to act as advo- cates; (4) to serve as witnesses; (5) to bribe juries and ecclesiasts; (6) to use undue influence on officials; (7) to do work of more or less questionable nature, witli which those who employed them did not desire to be openly connected, or which they were unable to do. Not all of these services were in -themselves illegitimate or reprehen- sible; it is the professional character of the service that marks the sycophant in public estimation. An easy way of avoiding the inconvenience that a public suit would entail was to hire some one to undertake it. This is well illustrated in Apollodorus vs. Xicostratus. 1 The litigious Apollodorus is anxious to prove that the motive for his awoypcupr) against Nicostratus is personal revenge. 2 . In proof of his assertion he cites the fact that he has brought the suit in his own name. By so doing he exposed him- self to the chances of fine and partial disfranchisement. 3 This danger he might have avoided for he was not "unable for lack of friends and means to find a person to undertake the information." 4 99 55, 1-2. ioo D e V os (p. 30) thinks that the 8Lkt) was a common method of attack when possible, but that the ypaw was preferred because the sycophant gained a greater reputation thereby; the jurors would be more concerned if they felt that the defendant was guilty of some attack "reipubl. instituta." It is undoubtedly true that the sycophant could appeal vigorously to the jurors as guardians of the constitution in a ypa.2 BY< 0PHAN4 v in Aim enmity thai existed between them and their opponents, the targets of Demosthenes' pen. it is hardly likely that in the ca (de- mon ct Diodorus vs. Androtion andw. Timocrates? 9 and thai of Euthy- cles vs, Aristocrates* the plaintiffs would have risked prosecution that entailed so many dangers, if their only compensation was the satis- faction iif securing the conviction of their personal enemies. It is far more probable that men in the position in which Euctemon, Diodorus and Euthycles found themselves, let it be known that they could be employed to use their personal enmity 21 as an excuse for attacking certain men or certain policies. This seems to be clearly the case in the suits against Androtion and Timocrates, which really deal with the career of one man, Androtion. In availing himself of the services of such men Demosthenes was merely following the usual custom in Athens. 22 Agents were also used to secure the introduction of laws and decrees. Leaders of rival political parties found this a convenient method of securing their desires without appearing in person. Timocrates is accused of having been hired by Androtion and his associates to introduce a law which operated in their behalf. 23 There is no reason for believing the statement false. "His public morality seems to have been such as to fit him for the part of jackal to Androtion." 24 He had often before drawn up decrees for hire 25 and was a thoroughly practised politician. He is described as the servant of Androtion and his comrades, and as a professional hireling. 26 19 Dem. 22 and 24. 20 Dem. 23. ""Personal enmity" may become a very flexible term under some circum- stances. 22 For a fuller statement of this attitude of Demosthenes and a justification of the method used, vid. Wayte's intro. to the speeches vs. Androtion and Timo- crates, p. XXXII ff. Cf. also Kennedy intro. p. 164, Vol. Ill, for a statement about Euthycles. 23 Dem. 24, 3. The fact that charges of this sort were made at all, shows that the habit was a common one. 24 Wayte intro. xl, w. ref. to 161. 25 Dem. 24, 66, 203. ™ Ibid. 14, 158, 200. This Timocrates is undoubtedly the same as the one mentioned in Dem. 39 and 40 as a member cf the club of Menecles and Mnesicles. He was one of the associates who gave false testimony for Boeotus. This membership explains much of his activity in litigation. Cf. Schaefer, III, 2, app. p. 218. Calhoun 80, n. 1. He may be the same as the man by that name who acted as a paid supporter of Midias in his litigation with De- mosthenes. SYCOPHANCY IN ATHENS 53 As advocate {avvriyopos) the unscrupulous and litigious person might be a very valuable helper. Such service was more free from danger than any other that he could render in court. The advocate was in no fear of prosecution for perjury as a witness was. 27 How desirable assistance of this kind was, is seen from Demosthenes vs. MidiasP The former says that the majority of men are at a dis- advantage when compared with men like Midias. He is rich, and the rich always have plenty of advocates ready to defend them when they are on trial. Although the Athenian law forbade the acceptance of remuneration for service 29 of this kind, it is plain from this that the hiring of advocates was not at all unusual. A statement of Lycur- gus shows how common the practice was. 30 "I am surprised most of all at those who are not related by either ties of blood or friendship, but still act as hired advocates from time to time 31 for those who are on trial." Advocacy was apparently becoming professional. In the prosecution of Andocides, Cephisius the main speaker was assisted by at least two advocates (owriyopoi) who belonged to the cabal against the defendant. Of these Epichares, a professional sycophant, was said to have been paid for his services. 32 "Three talents had been pledged for the 'speakers' if they would save Er- gocles" who was on trial for embezzlement of public funds. 33 These "speakers" were probably prominent demagogues who were willing to hire themselves out as advocates. That they expected to "save him" by speaking in his behalf is clear from the statement that they saw the temper of the jurors and feared to appear in court. 47 A litigant who was unable to manage his own case, either because of inexperience or inability in legal affairs, was permitted to ask the court to allow his friends to assist him. Such assistants were termed avv^yopoi. For complete statements about "advocates" vid. Bonner, Evidence 11-12, 82; cf. also Calhoun p. 85 ff.; vid. also p. 64 below for this activity of sycophants. 28 Dem. 21, 112. 20 (Dem.) 46, 26. 30 c. Leoc. 138. 31 Whether &ti means "always" or, as often, "from time to time" it indicates a marked tendency towards professionalism. 32 1. 101. Advocates are suggested in And. 4, 15. "Furthermore he is not undefended {tprjuos) nor tiiadU-nros, since, owing to his wealth, he has many who will come to his aid." Cf. also (Dem.) 44. 3, where the opponents arc accused of hiring advocates. 33 Lys. 29.6. M svi OPH Hired v. .vcrc eves more common than hired advocates. \. ording to Demosthenes the rich were al no loss for witnesses, just as they were at do loss f<>r advocab Polyeuc tus, l imo< rates and l.n< temon were paid witnesses in the employ of Midiaa againsl Demosthenes, in addition to those that his club furnished. 1 < metor is said to have supplied funds to his brother- in-law Aphobus for bribing witne hcmosthenes accuses Aes- chines of using funds that he received from Philip of Macedon in hiring men to give testimony for him. 37 Many of these hired witnesses probably gave testimony only on some particular case and never appeared as witnesses again. They wuc descending to the methods of the sycophant for that occasion onlv. 1 here were some however who made a practice of acting as witnesses and were virtually professionals. Such were the members of the clubs of Menecles and Mnesicles and of Melas. They gave testimony for their own associates when it was needed and undoubted- ly were at the service of others who wished to hire them. Melas and his club gave financial support and their services as witnesses to Dicaeogenes on the understanding that they receive a share of the estate for which he was suing, if he was successful. 1 ' Naturally purchased testimony was as a rule perjured. Most of the professional witnesses must have been in danger of a blur) \ptvbonap- TvpLcov. Conviction on this charge meant a fine and possibly a partial disfranchisement. Three convictions resulted in complete atimia. 39 In spite of this there can be no doubt that the amount of perjured testimony in Athens was very large, even if we allow for exaggeration on the part of the orators in regard to it. Much of this must have been supplied by paid witnesses. 40 The bribing of jurors and ecclesiasts was often accomplished through paid agents. In fact there existed a class of men who, whether they engaged in other kinds of practices common to syco- phants or not, had become known as professional jury-bribers and u Dem. 21, 112. Xen. Mem. IV, 4, 1 1 ^crdrjcrai ovv irwirore p.ov fj \ptvbop.a.pTvpovvTos f) OVKOlfCLVTOVVTOS ... J "Dem. 21, 139. » Dem. 29, 28. 37 Dem. 19, 216. 38 Vid. Section on Clubs and Combinations of Sycophants, p. 63 ff. » Vid. Bonner Evidence p. 91, note 9, w. ref. cited. Cf. CI. Phil. Vol. XI, 365, Calhoun 'E7rt against the witness that the defendant produced in support of his plea (irapaypaipri). But he had no confidence in his case and feared that he would lose the accusation for perjury and be fined. He therefore, with the assis- tance of Xenotimus, persuaded the magistrate to let him avoid the usual procedure and bring a new suit against the defendant on the same charge as before. An incident somewhat similar to this is narrated in Epichares vs. Theocrines.*' The father of the latter used the services of Ctesicles, the metic, a \oyoypar in the tatter's management of Crito's affairs that is reprehensible. For that reason it is but fair to admit that while employed by Crito he was merely employing i be tri< k- of .i ij i ophanl It was, however, his reputatio i legal trickery thai made him 58 BYCOPH W V IN AIIII.NS lie was glad i<» become Crito'a agent. In fact he was but one of man} who would have been ready to serve Crito in this way. His method of defending his employer was to turn the sycophants 1 arts back on them. He succeeded in discovering misdeeds of which he could accuse them, and hunted up their personal enemies to help him in his attacks. Then when one of them opened suit against Crito he started a counter suit againsl him on the basis of the infor- mation he had already gathered. This scheme so dismayed the sycophants that they were willing to drop their prosecution-, of Crito and settle on any terms that Archedemus might name, even if this meant the paying of money. He forced the sycophants to pay for immunity just as blackmailers did. lie was so successful that Crito's friends asked for the loan of the "watch-dog" to protect them too. Glad to favor Crito, whom he considered a valuable patron, Archede- mus gave them his services and so Crito and his friends lived eu -qavxiq.. Xenophon's description of the situation makes it plain that Archedemus was at any time ready to use his art for the interest of Crito and his friends. In this sense it can be said that he was em- ployed by Crito as his regular and permanent agent. The method by which Crito kept him in his service is interesting. He did his utmost to make him feel friendly towards him. He sent him all sorts of produce from his farm, invited him to the sacrifices that he celebrated and "paid him similar attentions." Undoubtedly he received money for his services too. Archedemus felt highly honored by the attentions of Crito. In fact he asserted, when taunted about his servility, that he preferred to be the hireling of such xpW T o'<- Pythodorus 60 and Stephanus 61 seem to have been regularly em- ployed agents as Archedemus was. Stephanus was apparently very familiar with the duties that such an agent of a banker would have. He had been the employee of another banker Aristolochus before he was hired by Phormio. 62 The employing of an agent was however not without its dangers. An unscrupulous person, after becoming familiar with his employ- er's business and after learning his weak points was in a position to the logical candidate for the position of "watch-dog." To the Athenian his position as the paid employee of Crito was enough to confuse him with the ordinary sycophant. 80 Isoc. 17, passim. 81 Dem. 45, 64 et passim. 8S Dem. 45, 63. SYCOPHANCY IN ATHENS 59 turn on him and attack him, just as the sycophants that he was attempting to avoid. This was one of the objections that Crito offered to Socrates' suggestion of hiring a "watch-dog," and partly explains Crito's anxiety in keeping Archedemus friendly to him. 63 There can be no doubt that this was a problem that faced many wealthy employers. The sycophant Aristophon became a turn- coat against the interests of Demon, 64 and Aristogiton is described as an unreliable employee who was ready to sell himself to the other side. 65 Clubs and Combinations of Sycophants The importance of Athenian Clubs in the legal and political field has been adequately discussed by Calhoun. 1 He has shown how the members of these organizations assisted their associates in law-suits by "taking advantage of the opportunities which the Athenian court system afforded." 2 Roughly speaking this aid to litigants was of two kinds, money contributions 3 and personal service. 4 The latter was rendered in many ways. Two effective methods of using the courts to aid their friends were "friendly prosecutions" and "counter suits." 5 Out of court, influence was used in creating a sentiment in favor of their comrades or against the opponents, in dissuading accusers and their advocates, 6 in ob- taining information regarding the opponent's case or even in measures as violent as assassination. If a case came to trial they were ready to bring influence to bear on officials and jury, to suppress evidence and give false testimony when necessary or to appear as advocates. In the political field club members could aid one another by the use of litigation as a political weapon. 7 Their most effective assis- tance however was rendered by the skilful manipulation of delibera- tive assemblies. 8 83 Xen. Mem. II, 9, 3. "Dem. 32, 10 ff. 85 Dem. 25, 46-47. 1 Athenian Clubs in Politics and Litigation, (Chicago 1913). DeVos baa .' rather unsatisfactory chapter on this topic, p. 49. 2 Ibid. p. 40. ' P. 43. 4 P. 46. 6 P. 47-48. Vid. p. 49 above for fuller discussion. • Pp. 56-96. 7 Pp. 98-107. ■ P. 126. 60 BYCOPHANCY in ATHENS Since club affiliation was so valuable it. was but natural that sycophants al o hould combine with the purpose oi increasing the effectiveness with which they worked individually. Calhoun refers to such organizations of sycophants as r for the profits which they enabled their members to make by various kinds of sharp practice in the courl The most important clul) of sycophants (kpyacrTripiov avKcxpavTuv)™ of which we have any knowledge is thai of Menecles and Mnesicles. 11 Four other members are known: Boeotus, ,: Timocrates, Crito and • P. 23. 10 Lipsius (.1 . R. ')i)'K a. 33) di sposes of this club in summary fashion: " Xichts mil Hetairien hat das tpyaarripiov avKoipafrCov bci Demosth. g. Boiot. I 2 S. 995, 8. II 9 S. 1010, 24 (vgl. g. Pant. 39 S. 978, 6. g. Zenoth. 10 S. 885 i. A.) zu tun." That, however, is merely a matter of terminology. A Club of sycophants is undoubtedly somewhat different from an kraipeia in its original and limited sense. In this sense it implies an organization of wealthy and influential (cf. Calhoun 23) men, whom similarity of tastes and politics have drawn together. Social features are prominent; the club oath is of importance; members are approximately of the same age; the club has definite political tendencies. (Cf. Calhoun 10-39.) In a combination of Sycophants political convictions, age qualifications and initiations may be absent. Social features probably exist as they might in any organized group. Some form of oath or pledge would be natural. Mutual interest and similarity of tastes there surely would be. They unquestionably have all features essential to making them permanent clubs whether the term ircupeia is applied to them or not. (Cf. Calhoun 23, 28, 80.) Such organizations of sycophants would rarely, if ever, receive the title of traLpela in the orators, even if they deserved it. When mentioned at all they are the subject of attack. The speakers therefore refuse to use the more respectable and dignified "Club." They prefer to brand them as "gangs" {kpyar died before any decision was reached. Boeotus commenced action again ami Mantitheus responded with a counter claim. These two suits were arbitrated also. In both Boeotus lost; in the one in which he was plaintiff he losl by the arbitrato ion. He did not appeal the case because he knew that his chances of winning were very slight. In the one in which he was defendant he lost by default. The method that he employed in setting this decision aside is a striking example of legal quibbling. He insisted that Mantitheus had not received a decision against him at all. A decision had been given against Boeotus. But he was not Boeotus but Mantitheus. 18 The real Mantitheus followed the only course open to him. He brought suit against Boeotus under the name of Mantitheus. Boeotus replied with another counter suit. This time he did not claim the dowry of Plangon. 19 The arbitrator's decision appar- ently prevented him from doing that. But he trumped up a demand for some other property, in order to discourage Mantitheus by a counter suit. The speech "For the Dowry" was delivered by Man- titheus in the prosecution of this case against Boeotus. 20 Boeotus' assumption of the name Mantitheus had led to so much inconvenience for the original Mantitheus that he wis forced to bring suit against Boeotus in the effort to establish by court decision the sole right to the name. 21 At first Boeotus defended the action and asked for delay. When delay was no longer possible he allowed an award to be given against him for non-appearance. He then got a ruling to set aside this award. 22 Another suit was trumped up against Mantitheus in the course of his long litigation with Boeotus. The latter managed to get into a 17 Ibid. 40, 14 ff. Cf. intro. in Paley and Sandys for the various views on all the litigation that was carried on between the two; Cf. also Kennedy's intro. "Ibid. 40, 18. > 9 Ibid. 40, 3, 17, 18. 20 Ibid. 40. :I The result is somewhat doubtful. There are reasons for believing that Mantitheus did not win eventually. He nowhere says that he did. Vid. Paley and Sandys intro. to 39, p. 139. a Dem. 39, 37 SYCOPHANCY IN ATHENS | i ) quarrel with Mantitheus and so aroused him that they came to blows. He then cut his own scalp and summoned Mantitheus b< the Areopagus on a charge of felonious wounding. His intention was to force Mantitheus, by this suit, to quit Athens and drop the case that he was prosecuting against him at that time. The only thing that saved Mantitheus was the voluntary testimony of a physician, who told the court that the schemers had endeavored to induce him to make an incision in Boeotus' scalp. In this way the plot was laid bare. 23 Menecles was responsible for the scheme by which Mantias was forced to acknowledge Boeotus as his son; the club members gave false testimony for Boeotus in the suit for the dowry, one of them with regard to two different matters; 24 the trick by which Manti- theus was charged with felonious wounding originated with Mene- cles. 23 There is every reason for believing that to a great extent the numerous evasions, delays, quibbles and counter suits that Boeotus introduced during the long litigation between him and Mantitheus, originated with the club. In fact Menecles is accused of being "the architect of all these plots. In return for their services as witnesses the club members received like assistance from Boeotus. 25 He regularly aided his associates by perjured testimony. This was regarded as his contribution to the club, like the money contributions made by members of an eranus. They may have received a financial benefit also. It i ; hardly likely that they would have undertaken so much "is work without the prospects of a share in the proceeds from the -aits when Boeotus was successful. 26 Another combination of sycophants that seems to have been of considerable importance was that of Melas, the Egyptian." Infor- mation about this club is rather scanty but sheds some light on the methods of these organizations. Dicaeogenes, who had inherited one-third of the estate oi his adoptive father, was persuaded by Melas, to sue for the entire property. He was in the habit of following the advice of Melas in 23 (Dem.) 40, 32-33. Vid. p. 47 above for discussion of tin- relatively large number of false accusations of this nature. -* Ibid. 40, 28, 58-59. 56 Dem. 39, 18; cf. (40, 28, 58-59.). 28 Cf. the plan for assistance to be given Dicaeogenes by the Gu 27 Isaeus 5, 7-9, 40. M SYCOPH w v r; Min other mattei \ a bu ine venture, the member of the club of Mela i advanced money to Dicaeogene , either for bis own n^c or for the pro ecution of the case. The understanding was thai they should shaii' the proceeds if he established bis claim. In addition to the financial assistance, the club members furnished him with their as witnesses. 28 They were in the habit of giving false testimony for their own comrades jusl members of the club of Menecles and Mne i i '■ bey are said to have taken advantage of the city's difficulties to gain other peoples' prop No doubt the services of members of these clubs were at the disposal of anyone willing to pay for them. It is not improbable that Melas and Menecles made a business of supplying such pro- fessional witnesses from their clubs The professional sycophant Theocrines belonged to a club that was without doubt composed of others of that profession. The members were said to follow the same occupations and share the gains. 30 In the case of Epichares vs. Theocrines they had dissuaded the advo- cates that Epichares had expected to assist him in his prosecution of Theocrines so that he found himself absolutely unaided in the suit. They had also attempted by threats and persuasion (bribery) to dissuade witnesses from testifying. Members of the club were expected to appear as advocates for their associate Theocrines. 31 It would be even easier to render such service than to act as witnesses and no doubt the associates frequently helped each other in this way. Professional advocates as well as professional witnesses could there- fore undoubtedly be obtained from the clubs of sycophants. 82 "Ibid. 7, 40. For the thought cf. Isoc. IS, 241. 29 Cf. Calhoun p. 80-81. 80 (Dem.) 58, 39-40. De Vos is not familiar with the best known clubs of Sycophants but he does devote some space to this one in his dissertation, in the chap, on " Consociationes." p. 49. 31 Ibid. 4, 7, 42. It is said that Demosthenes was one of those who had withdrawn his promised assistance, because he saw that the prosecution had been begun and thai in this way he was relieved from the attacks of Theocrines. The latter had apparently been harrassing Demosthenes with threats of prosecution. The accusation that Demosthenes had left Epichares unaided may be true. Cf. Calhoun p. 53. :2 For fuller discussion vid. section on "Sycophant as Agent p. 53." Cf. also Calhoun 85-87. It may be that the club to which Pantaenetus belonged was a Club of Sycophants. Their methods correspond to the methods of these organi- zations and they are referred to as kpyaar^piov tQ>v (tvv&ttutuv (Dem. 37, 39). The language used implies that they were assisting him as advocates and witnesses. (Dem. 37, 48). SYCOPHANCY IN ATHENS 65 The language of the orators leaves no doubt as to the existence of professional jury bribers. The best known examples areXenotimus and Nicostratus. 33 The former is also described in no uncertain terms as a fit tool for all sorts of underhanded dealing-. Nicostratus was also a professional briber of ecclesiasts. In the bribing of jurors or eccleisasts it is evident that one or two men would be unable to do effective work. The task required organization, and it is fair to assume that such men as Xenotimus and Nicostratus belonged to combinations that were willing to sell their services as bribers. These organizations may very well have engaged in other lines of sycopha also. There was another club the members of which could be hired to act as agents. The language employed in describing the combina- tion, epyaar-qpiov {j.ox6vpu> v avdpcoiroov avvecrTrjKOTWP, suggests that this work was usually of questionable character. 31 This particular or- ganization was apparently extremely well known in Athens. Its members hung around the Peiraeus looking for employment. They were familiar with the business of the city and especially with the foreign trade carried on in the Peiraeus. The only member of this combination whose name is known is Aristophon. He had achieved notoriety in the management of the case of certain Miccalion. He was later employed by Demon, the uncle of Demosthenes, and his business partner, to represent their interests in a difficulty that had arisen about a ship that was carrying a cargo on which they had loaned money. The vessel was on its way back to Athens from Sicily. After barely escaping shipwreck due to the rascality of Zenothemis the supercargo, and Hegestratus the shipowner, it arrived at last in the harbor of Cephallenia. 35 There Zenothemis tried to induce the authorities to send the vessel to Massilia on the ground that he came from there and the cargo belonged to him and should go there. It was at this juncture that Demon and his partner in some way 33 Vid. Section on "Sycophant as Agent" pp. 54-55. [soc. IS. 11-12; 1, 86. Cf. Calhoun 75 ff.; 118. 34 Dem. 32, 10-11. Calhoun refers to this combination as an tion of grain dealers and traders in the Peiraeus, who took part in litigation <>n occasion." (P. 95) It is not necessary to suppose that they were merchants. Their familiarity with the business can be otherwise explained. Merchants and other business men who invested their money in "bottomry loans" would always need agents. Such could be supplied from men who studied the condi- tions in the sea trade, and who were in no sense merchants 01 trad 36 Dem. 32, 4 ff. 66 BYCOPH ATHENS Learned of the danger to their investment. They hired Aristophon to go to Cephallenia and see that the v< i Athens. He u.i mcc< 3ful. Bui when the vessel reached At Inn- it wa- found thai he had sold himself to the other side. For, ijpported by Aris- tophon, Zenothemis laid claim to the grain thai the ve sel brought, saying thai he had Loaned money on it to th< Hegestratus. It seems thai Aristophon, ever ali> e to t he i ham es of making money by his tricks, had discovered the difficulty in which Zenothemis found himself when the ship wras sent back to Athens, and suggested to him the course of action that was followed. It is doubtful if Zenothemis, who was guilty of trying to sink the vessel, would have gone to Athens if he had not attached to himself this sycophant. The latter saw a chance of making a second gain out of the matter. He had certainly been paid before he left Athens to act as Demon's representative. He is said to be the manager of the whole scheme that Zenothemis put into operation when he arrived in Athens. 36 As Zenothemis was a foreigner 37 he would probably need assistance at every turn, and the aid that Aristophon was able to render was very essential. Demon and Protus, the man who had borrowed the money with which the cargo had been bought in Sicily, were forced to eject Zenothemis from possession of the grain. 38 He then brought suit against each of them separately. Aristophon and Zenothemis had been trying all the time to come to terms with Protus. He held out against them until he saw that the drop in the price of grain would make his profits small even if he won in the suit that Zenothemis had brought. 38 Then he compromised the matter and consented to let the judgment be given against him by default. He must have been paid for this concession. This arrangement was without doubt planned by the sycophant and Zenothemis. They saw that it would be excellent evidence to use in the case against Demon if they could point to the failure of Protus to appear and defend himself in a similar case. Agoratus and Theocritus who worked together as agents for the pro-Spartan party at Athens in 403 B.C. may have belonged to a combination like this one. The language used in describing their relationship with one another suggests close affiliation. 39 39 Ibid. 11, 24. " Cf. Dem. 32, 5, 8, 29. 38 Ibid. 24-26. " Lys. 13, 19 and passim. SYCOPHANCY !X ATHENS 67 Nothing could be more natural than such combinations of syco- phants. There was a natural bond of sympathy between men of this type who made it their business to prey on society. The super- ior advantages gained by combination would soon tend to make them pool their interests. The resulting organization might be of more or less permanent nature. The clubs of Menecles, and of Melas were clearly permanent organizations."' The features com- mon to other clubs may or may not have been present. I hey would of course have no political tendencies. 41 Some of the social features seem to have been common. The club :les and Mnesecles held revels in the house of Boeotus 1 '- and that to which Theocrines belonged kept feasts and sacrifices. 43 Temporary cabals were, of course, equally effective for the prose- cution of some particular case. The alliance of Callias, Meletus, Agyrrhius, Cephisius and Epichares against Andocides is the best known. Of these, Epichares, at least, was a professional sycophant. The methods of this combination were exactly like those of the clubs that have been discussed. One man, Cephisius, was chosen to lodge the endeixis; the others, and perhaps Cephisius too, contributed money to assist in the prosecution. Callias gave 1000 drachmae. In addition to the money contributions they assisted Cephisius by acting as witnesses and advocates. 44 There is nothing to indicate the number of permanent clubs of sycophants in Athens. "There were probably few, but unusually effective, since their services were at the disposal of any on> It was natural that these organizations should endeavor to cover up their methods as much as possible. This effort is indicated in Epichares vs. Theocrines. "I fancy however, men of the jury, that you are quite alive to the nature of these men's excuses and their accusations and pretended quarrels. For you have seen them often enough in the courts and on the platform professing to be personal enemies, and then in private following the same occupations and shar- 40 Cf. Calhoun p. 95 and notes. 41 Calhoun |>. 23. 42 (Dem.) 40, 57; cf. Calhoun p. 25. 43 (Dem.) 58, 40. There may have even been an age qualification. Timor rates is mentioned as an age-fellow of Boeotus. (Dem.) 40, 59; Calhoun, p 44 And. 1, 121. 46 Calhoun p. 96. The evidence seems insufficient for assuming th.u the group mentioned in Lys. 24, 19 is an organization of sycophants, a-; Calhoun p. 96. 68 BYCOPHANCV IN ATHENS ing their gains; at one time bespattering each other with the foulest insult and abuse, and in a little time after feasting together and taking part in the same sacrifices." 48 The Sycophant Among the Allies 1 The development of the Athenian Empire increased the number of opportunities that the sycophant had for his activities. He was more successful among the allies than in his attacks on Athenian citizens. 2 One of the methods employed by Athens in the government of the subject states was to require the allies to come to Athens for legal settlement of disputes. 3 The advantages of this for the city are well, if sarcastically, described by the author of the Xenophontic Politeia: The state received considerable income from the harbor dues that the allies must pay on their ships when they reached the Peiraeus; people who had lodging houses to rent or vehicles or slaves for hire reaped a rich harvest; 4 since a man would frequently be compelled to stay considerable time in Athens before his business could be finished, 6 this form of income was no mean thing; it was moreover an easy way of governing; the demus sat at home and managed its subjects without the necessity of leaving the city. If the allies had been allowed to try cases at home only official representatives of Athens would come into contact with the subjects and they alone would « (Dem.) 58, 39-40. 1 De Vos 40 ff ., discusses this field of activity, but very incompletely. : "Even inhabitants of towns around Athens suffered more than the Athen- ians themselves," De Vos 8. 3 (Xen.) Polity of the Athenians. I, 16. Athens did not content herself with the legal management of all matters relating to the Confederacy. She gradually drew away from the subject states the jurisdiction in all important cases. The courts in these allied states had jurisdiction only in those cases which affected their own citizens. They could not inflict the death penalty, exile or atimia. Such cases had to be brought to Athens. The courts of the individual states kept only matters of slight impor- tance under their jurisdiction. Minor matters could not, of course, be brought to Athens for settlement, since her courts were too busy. Busolt, Griechische Geschkhte, III, 1, 230 ff. * Ibid. I, 16 ff. Szanto (Zum Gcrichtrurscn dcr Atiischcn Bundcsgenossen. Athcn. Mitt., Vol. XVI, 31 ff.) is more optimistic than the author of the Polity, He is of the opinion that the purpose was to give the allies an opportunity to enjoy the blessings of a well developed legal system. 6 Ibid. Ill, 1. SYCOPHANCY IX ATHENS 69 receive homage; as it was the allies flattered the ears of the demus in the courts, made every effort to show the people obeisance and were really their slaves. 6 One of the most important gains that the system brought was the fact that the democracy obtained the chance to lend support to kindred governments in the allied states. There was natural sympathy between the oligarchs in the city and among the allies. A -imilar sympathy existed between the supporters of democracy. 7 So long as the wealthy and oligarchic were influential in the allied si there was danger of anti-democratic sentiment if not open revolt against Athens. The courts served as a means of checking those who were not "of the demus." In somewhat exaggerated language the writer of the Politeia states that in the courts the Athenians "saved those who were partisans of the demus^and destroyed the others." 8 This attitude could not fail to encourage the sycophant to extreme activity in persecuting the wealthy and non-democratic of the allies. "One might think," says the writer of the Politeia," that it is an advantage for the allies to be wealthy and be able to pay large sums to Athens in the form of tribute. But the demus does not think so. It prefers that the Athenians shall individually have the allies' possessions. If the latter have only what they need for their existence and their business, they are not able to make plots against Athens." 9 This implies that the individual Athenians were encouraged to extort money from the allies in any way. In such a soil the syco- phant's business would be especially thriving. 10 Many considerations made it almost inevitable that threats of prosecution against the subject allies would result in the paying of hush-money; the inconvenience entailed by a journey to Athens and the expense of staying there until the case was finished were great. As a result of the congestion of business a suit might be delayed for a long time. In fact the author of the Politeia state- that men sometimes waited a year in Athens to get a matter of business settled. This period might be shortened by bribing the officials to 'Ibid. I, 17-18; 14-15. 'Ibid. I, 14-15. 8 Ibid. I, 16. •Ibid. I, 15. 10 1, 14. Instead of ol irXkovrti ffvKo, Kalinka (notes ad loc.) reads 01 71-Xewes. If this is right, as it may well be, it implies that the democratic spirited members of the allied states prosecuted the wealthier and oligarchic. 70 BYCOFB \'-' J I', \iin.\s accelerate the introduction of the case, but this was an additional outlay." At the trial the susceptibility of the jurors to appeals that painted the defendanl as anti-democratic was almost insurmount- able. Added to thi> there would most often be the inability of the foreigner to present bis ca e well and the consequent necessity of hiring assistance in the form of LogOgrapherS and advocates. There are indications also that the treatment of a foreigner was not always fair. Euxitheus when brought to Athens for trial when accused of the murder of Herodes, was not summoned before a homicide court on a 5utj yovov as might have been expected. The prosecutors used the summary proceedings that were employed regularly against thieves, housebreakers, kidnappers or criminals of that class. Furthermore, although he offered the "sureties required by law, his bail was refused; he was imprisoned." 12 Such treatment was of course extremely distasteful to the defendant. Under such circumstances it would be inevitable that in the large majority of cases a wealthy citizen from an allied state would prefer to settle at once with the sycophant. A good example of the activity of sycophants in attempting to extort money from men who would easily fall into disfavor with the Athenian jurors is found in the case of Euxitheus. In the course of his defence he is compelled to say a few words in behalf of his father who had apparently been maligned by the prosecution. 13 He and his father were natives of Mytilene. The latter had remained faithful to Athens at the time of the revolt of Lesbos. He had, in fact, been included in the number of Mytilenean citizens who were allowed the liberty of living on their own land. But he no longer resided in Mytilene. He had moved to Aenos in Thrace. The cause of this, his son assures the jury, was no disloyalty to Athens or his own city. It was his hatred of the sycophants. 14 The meaning of this is clear. Euxitheus' father had been beset by sycophants who accused him falsely of participation in the revolt. He had probably paid hush- money at first. When the situation became unbearable he left Lesbos and went to Thrace, which seems to have been the resort of a number of Athenians also 15 who preferred to live away from the dan- 11 Ibid. Ill, 2 ff. 11 Ant. 5, 16-17 ff. 13 Ibid. 74 ff. M Ibid. 78. u Cf. Section on "Prevalence of Sycophancy" p. 23 ff. SYCOPHANCY IN ATHENS 7 1 ger of litigation. There is no reason for supposing that this is a unique case. This field of the sycophant's activity receives its share of satire in the plays of Aristophanes. In the Birds, Euelpides and Pisthe- taerus are represented as looking for an ideal city, free from litigation and sycophancy, in which to spend the rest of their days. 1 '"' The Hoopoe tells them that such a place as they describe may be found on the shores of the Red Sea. "Not for me," says Euelpides. "I'll never move to a place on the seashore where any morning an Athenian galley may come with a summoner to take me to Athens." The sycophant who appears in Nephelococcygia styles himself "«XrjT77p .... vrjaioiTLKos nai avucxpavT-qs ." He asks to be equipped with wings so that he may increase his efficiency in summoning the allies to Athens. With wings he could fly off to one of the islands, issue a summons to Athens to one of the allies, fly back to Athens and have the case tried before the defendant arrives. The latter would lose by default and then the "winged" sycophant could fly off to the island and seize his goods before the unfortunate man returned. 17 The exaggeration is patent. But the mere reference to this sort of activity shows that there were numerous kXtittjpcs vrjaLUTLKoi. Aristophanes does not waste his wit on matters of slight consequence. The extortion of money from men in the allied states is well described by Aristophanes in the Peace. "They used to harass the wealthy of our allies, attaching to each the imputation that he followed Brasidas. Then you Athenians used to worry the accused man like little dogs. The foreigners seeing the blows with which they were beaten stopped up with gold the mouths of those who did this and made them rich." 18 The Sausage seller in the Knights is assured that if he attacks Cleon for having accepted bribes he will be the mightiest of the Greeks and rule over the allies, disturbing and shaking (aduv) them and making much money. 19 The extent to which this evil grew is shown by the fact that the plundering of allies by sycophants is regarded as the cause of their revolt. "You all know that in the former democracy, many of those who managed the city's business stole public money, and that some 18 147-8. 17 1422 ff. " 638 ff. >• 838 ff. 72 SYCOPHANCY r. Aim of them look bribes againsl your interests and thai the sycophants caused the allies to re> olt."* So [so< rati 5 describes the causes that led t<» the loss of the subjecl stat< i B outraging the allies, and falsely accusing them and driving the best "Mi of their property, the sycophants succeeded in putting them in such a state of mind that they revolted from us and gladly a< cepted the friendship and alliance offered by the Lacedaemonians." 21 J0 Lys. 25, 19. " Isoc. 15, .316-318. CHAPTER III Typical Athenian Sycophants It will be interesting to trace the careers of a few notorious Athenian sycophants. One of the most unscrupulous was Agoratus. No act that offered him opportunity for financial gain was too mean for him. His public career began in 411 B.C. He was a slave who bad gained the citizenship by pretending to have had a hand in the assassination of Phrynichus. 1 According to Lysias he had no right to this merit; he had bribed the rhetor in order to get his name inscribed on the stele which was set up by public decree to honor those who had been connected with the plot to remove Phrynichus. 2 There is such a decree in existence. 3 In form it is a rider to another that votes honors to Thrasybulus for his part in the assassination of Phrvnichus. The rider provides, in part, for other honors to the rest of the conspirators. Of these Agoratus is one. Lysias quotes another decree to prove that he is right in his charge of bribery. 4 It would seem therefore that the bribery had been discovered and another decree passed to cancel the honors conferred by the earlier one. 5 Whatever the truth about the matter is, it is certain that Agoratus had succeeded in passing as a citizen. He had spent the years from 411-404 as an active sycophant. He had laid "all con- ceivable indictments" 8'ucai, y penpal, airoy penpal f had been convicted of sycophancy and fined 10,000 drachmae. 7 A man who claimed citizenship for participation in the blow that broke up the Four Hundred, might reasonably be expected to be democratic in sympathy. But Agoratus was absolutely unprincip The claim was made merely as a means of gaining the citizenship. In 404, the Athenians who were anxious to come to terms with Sparta and establish an oligarchy, regarded him as a lit tool for their plans. This shows how prominent he had become in rascality. The use they made of him is interesting. It shows how an unprin- l Jebb. Alt. Or. I p. 269; Lysias. 13, 64, 70 76. *Ibid., 70-76. The rhetor is probably Diodes. Vki. Hicks and Hi'! Historical Inscriptions, p. 150, 3. 3 C. I. A., i, 59. Hicks and Hill, lor. tit. 71. 4 Lysias 13, 72. 6 Vid. Hicks and Hill, loc. tit. for full discussion. 8 Lys. 13, 65, 73. 7 Ibid. 65. 74 SYCOPHANCY IN ATHENS ciplcd man, familiar with the courts and legislative bodies, as a sycophant would be, could be employed to do underhanded deeds with which those who hired him were unwilling to be openly identified. The first proposition of the Spartans in regard to terms of peace were intolerable to the democrats at Athens. 8 Theramenes was despatched to Sparta to arrange for a more favorable peace. While he was gone the partisans of the oligarchy at Athens contrived a plot for removing certain influential democrats who opposed the accep- tance of Sparta's terms. They trumped up a charge against Cleo- phon, packed the court with anti-democratic jurors and condemned him to death. 9 The terms which Theramenes brought back proved still more intolerable to the democratic party. The oligarchs saw that they must remove the objectors before the meeting of the ecclesia that should pass on the Peace. To do this they could go before the senate and give information about those who were creating opposition. But the plot would then have been too clear. So they availed themselves of the services of Agoratus and his friend and boon companion, Theocritus. 10 Their scheme worked in the following way: They sent Theocritus before the senate. 11 He told that body that he knew of a plot to oppose the peace, but was not in a position to reveal the names of those in the conspiracy since he was a member of the same club as they. He did however accuse Agoratus of being one of the plotters against the peace and intimated that the senate would succeed in getting the names of the others from him. The senate had already been corrupted by the efforts of the oligarchs. It was really a party to their scheme. Behind closed doors it passed a decree for the arrest of Agoratus. A committee of the senate went to the Peiraeus and attempted his arrest. It had already been planned that he should pretend that he was one of the anti-peace party. In this way his information would seem to be forced from him and the oligarchs would not be suspected. 12 Accordingly when the committee arrived in the Peiraeus, he feigned alarm and took sanctuary at the altar in Munychia. Some of the democrats who did not know of the plot of the oligarchs and 8 Ibid. 5-8. 9 Ibid. 8-12. 10 Ibid. 18ff.;32. "Ibid. 21. 12 Ibid. 18-22. SYCOPHANCY IN ATHENS 75 thought that Agoratus was suffering for being one "of the people" went bail for him. The senators took their names and went back to the city. The bondsmen then tried to induce Agoratus to leave Athens: boats were ready; they would all go away until the matter settled down. He steadily refused. The plan of the oligarchs would of course be spoiled if he did not stay and inform. He insisted on appearing before the senate. 13 When he was admitted he pre- tended to turn state's evidence and gave in the names of his bondsmen, the generals and the taxiarchs, as prominent democrats who were opposing the peace. 14 Those whose names he gave in were imprisoned. All effective opposition to the oligarchy was removed. Soon Lysan- der arrived in the Peiraeus and Sparta's terms were accepted and the oligarchy was established. 15 Those against whom Agoratus had informed were put to death. He however was tried by the Thirty and released as a friend of the government. 16 It may be that he was exiled, because he joined the democratic party at Phyle and returned to Athens with them. 17 Sometime after the "return" he was accused of murder by Dionysius, the cousin and brother-in-law of Dionysodorus, who was one of the demo- crats put to death by the Thirty as a result of the information of Agoratus. Our information in regard to his career is found in the speech of Dionysius. 13 Ibid. 29. » Ibid. 30. 15 Ibid. 34. » Ibid. 38. " Ibid. 77. Callimachus Callimachus is a good example of the extremely litigious persons that extorted money from Athenian citizens by accusing, or threaten- ing to accuse, them of acts that had been committed before the restoration of the democracy in 403. Such prosecutions were theo- retically prohibited by the Amnesty. 1 But even so the Athenians found themselves continually worried by sycophants who made it their business to accuse them of some participation in the oligarchy or especially in the acts of the Thirty. The dread of appearing before a popular court on such charges made blackmail exceedingly SUO ful. The extent to which such threats of prosecution were carried 1 Isoc. 18, 1-2. 76 SYCOPH > ' . r. \llli.NS is seen from the fact thai a pecialprovi i" r igurated to meet them. <>ii the motion of Archinus a law was passed allowing the |)ci on againsl whom an action was broughl in violation of the Amnesty, tO make a Special plea (napaypacfrri). This Trapayparj was a plea that the action was not maintainable according to the Vmn< ' rhe peech vs. Callimachus was delivered in support of suvn it was easy to arouse a democratic jury by representing himself as unjustly used. If it belonged to Pamphilus, who was identified with the exiles, the same course of reasoning ! I dwell on the grasping nature of the money-loving o In either case he could make his arguments convincing by representing Patrocles and all concerned as tools of the oligarchs. He first brought action against Patrocles and succeeded in extorting ten minae from him. 7 He next involved Lysimachus in the affair and secured two hundred drachmae from him. I tker was the third to be threatened with prosecution. Callimachus I be understood that he intended to charge him with responsibility for the whole trouble. It was apparently his method to represent each of the men whom he accused as the special tool of the Ten. The scheme that he employed in attempting to force the speaker into a settlement is interesting. 8 It was no doubt the method he had employed successfully in the other suits, and according to the speaker was common with sycophants. He went around among the crowds and in the favorite lounging places and talked over his troubles. He dwelt in great detail on his mistreatment at the hands of the speaker. Then some of Callimachus "friends" came to the prospective defendant and urgently advised him to settle with Callimachus for a sum and not run the risk of a trial. It was better, they assured him, to pay a little, than to lose the whole sum by a judgment. To influence him they reminded him of the many mishaps that came in the courts. Even with great confidence in the case it was not safe to take the chances of the trial. Although the speaker does not say so, he must have been reminded also of the success that Callimachus had had in the other cases. At last the speaker was persuaded. He paid Callimachus two hundred drachmae. To insure safety from future attacks he insisted that there be a witness to the transaction.' They accordingly submitted their agreement to an arbitrator ami he "sanctioned it by his award." Put as the speaker had expected, Callimachus did not let the matter rest. He renewed litigation by bringing suit against the speaker for 10. 000 drachmae. At the trial 1 Ibid. 8 IT. Since Oh- suits were private (&Uao there was do penalt) for with- drawing the charge after making a settlement. ? Ibid. 9 ff. 9 This was the regular method of avoidinj >ns. 78 SYCOPHANCY IN ATHENS the speaker produced ;i witness to prove that the case was not main- tainable, since the matter had alread) been settled. The natural course for Callimachus to follow was to accuse this witness of false testimony. He did no1 do this He knew that he would not be able to prove such an accusation and would be compelled to pay the €7ra>/3e\ia. He therefore "arranged" it with the magistrate in charge and instead of bringing a hiK-q yptvho^apTvpiwv he entered the same suit again. 10 For this bribing of the official he used the assistance of Xenotimus. The latter was an expert at breaking laws, cor- rupting jurors, tampering with magistrates and similar deeds. Under the circumstances the speaker let the case come to trial but entered a special plea that it was covered by the Amnesty and was therefore not maintainable. According to the speaker the career of Callimachus was one succession of b'uai, ypatpai, false testimony and active participation in suits brought by others of his type. 11 One incident he considers sufficient to show what sort of man he was. 12 Callimachus and his brother-in-law together trumped up a case against one Cratinus. The latter and the brother-in-law had had a dispute over a piece of land. A fight ensued. The scrimmage became rather general. Afterwards the two schemers hid one of their slave girls. Later they said that she had died from a wound in the head dealt her by Cratinus, and brought a 61*77 tpbvov in the Palladium against him. He discovered their scheme but let them go on with their case. He knew that they would try some new trick if he exposed them too soon. When the case came to trial the brother-in-law was the plaintiff and Callimachus with thirteen others swore that the girl was dead. Cratinus excused himself from the court, went to the house where the girl was hidden, broke in, took her to the court and showed her alive and well to all present. The plot was so apparent that the prosecution did not receive a single vote from the seven hundred jurors who heard the case. Aristogiton All the references 1 to this notorious sycophant are in substantial agreement with Demosthenes' description of him as n'taos, reXeiraToj 10 Ibid. 11-12. The details of this are not clear. Cf. MSL. 844, n. 221. 11 Ibid. 51-52. The language implies that the cases in which he was usually interest- ed were trumped up, "ntd' uv awtarriKe." 12 53. 54. 1 Dem. 25;26; Dinarchus 2; Plut. Phocion. Chap. X. SYCOPHANCY IN ATHENS 79 nal irp&Tos of his kind. 2 Though of non-Athenian parentage, 3 like Agoratus, he had in some way acquired the citizenship. This he used for only one purpose, sycophancy- 4 He went about like a viper or a scorpion "with his sting uplifted, hastening here and there, looking for some one whom he might bring into a scrape or fasten some calumny upon, and put into alarm, in order to extort monev."^ He is a typical example of a sycophant who had acquired a stand- ing of some importance in the state by his oratory and his activity in the courts and ecclesia. This influence he used however for nothing but base purposes. In the earlier years of his career he seems to have made it his business to attack public men especially.'' By this pretended interest in the people's welfare he had won the title of kvoju rod b-qixov. 1 Like others of the type he represents, he appeared in the assemblies where public men expressed their opinions and made all manner of audacious charges against them. It seems that he had an orator's power of winning the people to his side. His method was to bawl out in the assemblies: "I am your only well- wisher"; "All these are conspirators"; "You are betrayed"; " My good will is the only thing left you." 8 Even more effective than this railing in the assemblies against public men, was his prosecution of them in the courts or his threats of prosecution. It is very probable that in many of these attacks on prominent politicians he was acting as the agent of their political enemies. This was true in his attack on Demosthenes at any rate. Hired by the pro-Philip party he had brought seven indictments against him, and twice he had accused him at the euthynae. 9 He was not, however, a safe man to employ as agent. He would not hesitate to settle up with the man whom he was hired to prosecute. s Dem. 25, 8-9; Dinarch. 2, 1 "He is the worst man in Athens, no rather the worst in the world." Cf. Plut. Pkocion Chap. X, 746. 3 Dem. 25, 65. At least his mother was not an Athenian; she was Bold into slavery upon conviction of undutifulness to her patron. Cf. also 79 and Dinarch. 2.8, 15. 4 His activity in the courts and ecclesia shows that he was a citi/.en. 6 Dem. 25, 52 (Kennedy) cf. Plut. Phoc., loc. at. * Dem. 25, 40-42 states that he has ceased attacking public men, who, he had found, could defend themselves. 7 Dem. 25, 40. •Dem. 25, 8-9, 64. Cf. Plut. 1'lwc, loc. cit. where he - one "who inflamed" the people to battle and who was a "greal man of war" in the assembly. •Dem. 25,37. 80 SYCOPB \iill.\s This was apparently a scheme for getting paid twice for the -ime matter. 1 " After Chaeronea he indicted Hyperides for illegal meas The decree thai Hyperides had moved authorized that all the franchised should be restored to their full rights. The purpose was to enlist as many as possible on the side of Athens. An attack on such a measure by a man like Aristogiton, who himself had often been partially disfranchised because of failure to pay debts to the state, was probably initiated by political opponents of Hyperides and the anti-Philip party. Demosthenes cites some instances of his professional success. He accepted a bribe to drop the prosecution of an eisangelia that he had brought against a certain Hegemon and an indictment against the orator Demades. Over Democles he held thceats of an eisangelia until he made a settlement with him. In the matter of "the olive dealer Agathon" he caused a great deal of disturbance in the assem- bly. Then he "received something" and kept quiet, even though he was present at the man's trial and acquittal. He seems to have had as a partner in many of these suits, Philocrates, the Eleusinian. They apparently worked together and shared the gains. 12 Once he had been convicted on the charge of avKOipa.vTia<>. u Twice he was convicted of illegal measures and in each case condemned to pay a fine of five talents, as large a sum as was ever entered in a graphe paranomon. The first fine he was in no hurry to pay, but kept up his sycophancy until he was forced to make the payment. He delayed payment of the other until it was doubled. He was also indebted to the state 1000 drachmae, as a result of dropping the suit he had begun against Hegemon. 14 This debt he also allowed to run longer than the law allowed and it too was doubled. To secure the payment he mortgaged a piece of land to the state. Shortly afterward the mortgage was transferred to his brother Eunomus. The latter agreed to pay the debt by ten yearly instalments. Eu- nomus made two payments. Aristogiton then regarded himself no longer as debtor, on the ground that his brother had been accepted in his place. He proceeded to avail himself of all the privileges of a 10 Dem. 25, 46-7, 39. 11 Dem. 26, 11. ,: Dem. 25, 47. 13 Dem. 25, 19. Lipsius A. R. 44S. u Dem. 25, 19; Dinarch. 2, 12; Dem. 25, 68; Hypothesis 1-2. SYCOPHANCY IX ATHENS 81 citizen with the full franchise. For this an endeixis was laid against him by Lycurgus 15 assisted by Demosthenes. 16 The latter's >peech on this occasion is one of the chief sources of information about the defendant. Demosthenes expected that Aristogiton would follow his usual method and threaten him with prosecution for some overl acl against the state, in order to arouse the sympathy of the jurors for him and their animosity against Demosthenes. 17 He therefore reminds the jurors that during the last two years, although Aristogiton had been active in the courts and ecclesia and had seen him and Lycur- gus all that time, he had not taken occasion to make any accusations against them. Any threat then in the present trial is either a false one, or else he has been guilty of negligence in the last two rears. "But the truth is," says Demosthenes, ''that Aristogiton has stopped attacking public men." After a silence of five years, to which he had been condemned, for debt to the state, presumably, he had returned to his usual business. But he then attacked only the poorer speakers and the inexperienced ones. 18 He had learned his lesson. "But he has tasted of the flock that he was supposed to be guarding," says Demosthenes sarcastically, "and has stopped attack- ing the wolves. Dogs that have tasted mutton should be chopped up." He had lost the right to the title of kvuv rod Stj/xoi'. 19 He was apparently incorrigible. After the endeixis had been brought against him he kept up his bawling and slandering. He attempted to extort money from the generals by threats of prosecu- tion. 20 They refused to give him any. Then he tried to defame them by saying that as far as he was concerned they would not la- elected superintendents of outhouses even. All this abuse could have been stopped by money, if they had seen fit to bribe him. He did succeed in extorting some money from certain magistrates elected by lot. 21 Lastly he had tried to confuse the proceedings by publishing false papers. 20 The trial went against him and he 15 Cf. Din. 2, 13. 18 Dem. 25, 14, also Hypothesis. 17 Ibid. 25, 36 ff. 18 Ibid. 38. 19 Ibid. 40-42. (Kennedy) 20 Ibid. 25, 49-50. 21 They apparently feared the Euthynae. 82 SYCOPHANCY EN ATHENS convicted. Even then he forced his way into the ecclesia and took his seat on the firs! bench of the prytanes. 22 According to Dinarchus he had spent more; time in prison than out of it. M This must have been for debt to the state. At the time of his first imprisonment he committed such an outrage that his fellow prisoners refused to associate with him at all.-' lie got into conversation with a newly arrived prisoner and in the course of it stole his pocket-book. When the man tried to get it back a fight ensued. The newcomer was fresh and strong, and Aristogiton somewhat "dried and shrivelled up" because of his long sojourn in the prison. Therefore the former succeeded in getting the upper hand. But in the course of the fight Aristogiton bit off the man's nose. At one time he broke prison. He was sheltered and concealed for several days by his mistress, a woman by the name of Zobia. After the authorities had ceased searching for him, she gave him clothing and money and sent him off to Megara. When he had returned and become a "great" man and the woman was in want, he maltreated her. She complained to her friends. At once he took her off to sell her as a slave, and would have done so if her alien tax had not been paid. 25 Once Phocion was called to the prison to see Aristogiton. His friends objected to his going. "Where would I rather see Aristogi- ton, than in prison?" asked Phocion. 26 His reputation was so bad that when he was drawn by lot for the office of eTn/jLt\r)Tr)s of the Emporium, the officials rejected him at the dokimasia. 27 He allowed his father to die neglected in prison and would not even bury him. Against those who did bury him he brought a suit, instead of paying them for their services. 28 He sold his sister to be taken out of the country and did not keep his hands off his own mother. 29 22 Dinarchus 2, 13. 23 Dinarchus 2, 2. Cf. Plut. Phoc, he. tit.; Dem. 25, 67. 24 Dinarchus 2, 9; Dem. 25, 60-61 ff. 25 Dem. 25, 56-57. M Plut. Phoc, loc. cit. 27 Dinarchus 2, 10. 28 Dem. 25, 54, 65; Dinarchus 2, 8. 29 Dem. 25, 55. SYCOPHANCY IN ATHENS 83 His liturgies were s. .1. B. III. 2, 251. Quintilian XII, 10, 22. "Quintilian honors him entirely too much when he classes him with Lycurgus and other masters," Thalheim in Pauly-Wiss. s. v. • (Dem.) 58, 5-13. 2 pp. 34 ff . 8 (Dem.) 58, 22-23, 34, 45. * Ibid. 31 ff. For fuller discussion vid. pp. 36 ff. 84 SYCOPHANCY IN ATHENS Thcocrincs was willing to settle and to drop proceedings. No direct financial gains came to him from the conviction that he secured when the case was tried. But he used it as a means of extorting 200 drachmae from Polyeuctus whom he indicted for maltreatment of the same orphan whose interest he pretended was the cause of the previous indictment. At another time he had indicted Demosthenes for illegal measures and had failed to prosecute. 5 Epichares explains the reasons for the dropping of the suit and the manner in which it was done. Some one asked when the case came to trial that it be postponed and gave as the reason for the request the serious illness of Demosthenes. Although the one who made the request took oath that his statement about Demosthenes was true, Epichares states that it could not have been so because Demosthenes was at that time very active in his attacks on Aeschines. Theocrines however consented to the request and let the matter drop, and never renewed the case. It is evident that the postponement had been secured by previous arrangement. From the reference to the sum of money that Theocrines had named as penalty, it is to be inferred that there had been a money considera- tion. 6 In connection with another indictment of the same kind Theo- crines had received a mina and a half imtp rod \f/r]tflcrpaTos o 'AvTifxkSwv eypa\pe rots Tevediois. 7 Because of the present suit brought by Epichares, Theocrines had been forced to drop an indictment that he had brought against Thucydides and Demosthenes. Epichares expects that he will urge that the suit was brought for that purpose, according to a pre- arranged scheme of the two men who were in danger of conviction if the case against them came to trial. 8 Other incidents in the life of Theocrines stamp him as absolutely unscrupulous. His brother had been murdered and instead of prose- cuting the guilty ones, Theocrines accepted a bribe from them. 9 Before they paid him he kept threatening to accuse Demochares of the crime. 10 After his brother's death he succeeded in getting himself elected UpowoLos illegally. 11 6 Ibid. 43. * On the settlement out of court by money payment vid. pp. S6-87. 7 Ibid. 35. 8 Ibid. 23, 36, 43. 9 Ibid. 28. 10 Ibid. 29. " Ibid. 29-30. SYCOPHANCY IN ATHENS At the time that his brother was one of the Thesmothetae, Theo- crines acted as his assessor. His actions while in that position were responsible for the suspension of the whole body of Thesmothae. They were reinstated only on condition that Theocrines be no longer used as their adviser. 12 His desire for public activity was insatiable. He was indebted to the state treasury 2200 drachmae on three separate fines. Still he insisted on assuming the rights of an eiriTinos. It is very probable that the reputation that he had acquired, of favoring the interests of the people, made the attitude of the state more lenient toward him and that therefore no one had cared to indict him. 13 He belonged to a club the members of which had succeeded in buying off the advocates and witnesses upon whom Epichares had depended. These same club-members were expected to appear as advocates for Theocrines and had apparently helped him in working out a clever defence. They regularly worked together and shared the gains when there were any. 14 "Ibid. 27. "Ibid. 2, 5, 12, 14, 22. " Ibid. 4, 7, 40 ff. Cf. above 64, 67. CHAPTER IV Checks on Sycophancy 1 The excessive amount of groundless litigation that grew out of the provision eijeiycu rc3 Pov\o(iki>u> ypaipeaOai early demanded some check. With the purpose of discouraging "frivolous and vexatious" prosecutions, general laws were enacted, which affected not only sycophants but all thoughtless or avaricious prosecutors. Any man who dropped a public suit after he had started pro- ceedings was fined 1000 drachmae and denied the privilege of bringing a similar suit again. 2 The professional sycophant Theocrines had violated this law by withdrawing from the prosecution of a «> 8ikt) Trapafiaatojs ovvOtikGiv. w Isoc. 18, 1-3. 16 Isoc. 18, 1-3; Aristotle, Const. Ath. 39, 6; Xen. Hell. II, 3, 12. 11 Lipsius A. R. 856. SYCOPHANCY IN ATHENS 89 taking everything that they had heard into consideration. Their vote on the paragraphe would in most cases be equivalent to a vote on the case proper. If the defendant won the paragraphe the plain- tiff was fined just as he would have been, had he lost the original case; e7raj/3e\ia if the suit was a 8Ur), 1000 drachmae if it was a ypa^rj. 11 The leading case of such a paragraphe is the one broughl against Callimachus. The latter had been very active in extorting money from men whom he could involve in participation in an incident that occurred just before the restoration of the democracy. The third man from whom he tried to secure a large sum let the matter come to trial and then availed himself of the paragraphe. ls These indirect methods did not succeed in stopping the evil to any^considerable extent. There were therefore means provided fox attacking the sycophant directly in the courts. Three of these are mentioned by Isocrates in the ArUidosis. 19 He is devoting consider- able space to attacks on sycophancy and to a description of the seriousness of the evil. To make this most vivid he enumerates the different forms of procedure used against them and the several tri- bunals before which they could he tried. This he does by contrasting provisions against adLK^fxara witn those against sycophancy. "To meet the greatest crimes, they (our ancestors) provided a trial in one of the dicasteries. But against these (sycophants) they instituted ypa^al before the thesmothetae, eiffayyeXLcu before the Boule, and irpoJoXai " The speaker in the case vs. Call imaclius (3) states that the fine was *to>- /3eMa. This has led to the conjecture that the paragraphe was int uxai only. (Lipsius A. R. 858). The explanation may very well he as follows: The plea was intended for both public and private suits. The one used against Callimachus is used in a private suit. For this reason the penalty was the iirw0e\La. If the suit was a public one the line- would in all probability be 1000 drachmae. This seems to be the usual fine in such cases, in ord< useless litigation. As is usual among the Greeks, only that part of I quoted which concerns the case. Vid. D. and S. Diet, des Antiq. s. v. 7rapa>.ia.->7 The later use of the paragraphe, though it d sveioped out of the tioned here, did not in all probability have any real effect . ny. ,8 Isoc. 18..9H. 19 Isoc. 15, 313-14. The language of [socrates seems to indi< sidered these measures against sycophants very old. They can hardly go back to the period before the growth of the courts and the promin It is to assume too much political foresight in the "I before Pericles, to imagine thai tb ■ '■ the abuse that ffou 1 legislated against it. The babil of assigning to old legislators tb « the laws that happen to meet with the speaker's ipproval ; - nal iral and >na among the orators. 90 SYCOPHANCY I \ ATHENS before the people, because tiny thought that those who practised the business exceeded in every branch of villany." Of the three measures mentioned by Isocrates, the probole re- ceives most attention from other ancient authorities. Aristotle's statement is the fullest. According to him, in the sixth prytany (Kvpia tKKXrjaia) at the same time at which a vote was taken as to whether there should be an ostracism or not, there was offered also the opportunity to bring in irpofioXas ovkovolvtwv. Six names were allowed to be entered, three citizens and three metics. 20 Modern scholars are in substantial agreement in regard to the occasions which justified the use of probole against sycophants. 21 Because this procedure is regularly connected with offences that 20 Const, of Athens 43, 5. It will be remembered that the probole was merely an informal preliminary criminal information, brought before the ecclesia. It was intended as a test of public opinion and involved no punishment. Gilbert (303, note) is of the opinion that Aristotle does not mean that ac this time only were probolae introduced, but at other meetings also. The special point is that it happened regularly at the Kvpia (KKXrjaia. The reason for making the number of metics and citizens who might be reported by means of the probolae equal, is hard to explain. It does not seem reasonable to suppose that metics would have enough chances of using their arts against the people to justify such a provision. Sandys (note ad loc.) is of the opinion that the metics had to receive special permission if they wished to accuse a person. This is the usual interpretation of the dSeta which the slave Andromachus and the metic Teucer asked for and re- ceived before they gave information about the Mutilation of the Hermae. This does not seem correct. The more usual meaning of "immunity" fits the situation very well. Both of these men admitted (And. 1, 12, 15) that they had been present at certain mock celebrations of the mysteries. Such an admission was enough to implicate them in the punishment that would come to those against whom they informed. The aSeia was then merely the immunity that was accorded them for turning state's evidence. The chief objection to this interpretation of d5eia is, however, that it limits a metic's activities as sycophant to false unwcns. It may well be that at times of great excitement, such as the Mutilation of the Her- mae, many metics laid false informations. But it is inconceivable that these occasions would be numerous enough to warrant three probolae at the *rupio 'tKKK-qala. There must have been opportunities for metics to extort money by blackmail under more normal circumstances. Melas, the head of an important club of sycophants, is called an Egyptian (Isaeus, V, 9). It may be that metics made use of club-members or hired agents where their machinations demanded the use of the courts. At any rate it is extremely unlikely that any considerable number of metics would have become liable to such procedures as probolae, if they had been compelled to ask for "permission to make accusations." Such an arrange- ment would have proved an invaluable check on all sycophancy. 21 Lipsius A. R. 214; 448 ff. D. and S. Diet, des Ant. s. v. SYCOPHANCY IN ATHENS 91 affect the people as a whole it is assumed that "probolae against sycophants" would be used only when they were guilty of some overt act against the state, as for instance, deceiving the people by their demagoguery. Justification for this is found in Aristotle. He men- tions the probole against sycophants in connection with those against any one who has deceived the people. Aeschines implies a similar interpretation. 22 He is contrasting Tia. "We call it sycophancy when ... a single individual slanders some one in all the assemblies and before the senate. For such acts probolae art- provided." 23 Another reference to this use of the probole, suggests this inter- pretation also. Pollux 24 after mentioning the probolae against those who deceived the people adds "The indictments for sycophancy were probolae also" (xpo/3o\at 8e r/aav Kai al ttjs o-VKO^aurias ypaipai). The ypaa.PTlas has been proved incorrectly named (Sauppe Or. Att. II, 121.). Cf . Diet, des Antiq. S. V. ypa Srjfiw Kal kv r& biKaaT^piw ovKOTias avrov KaTeyvcjOTe." The phrase tv tw brjfjLco implies that the proceedings against him began with a probolc; kv tQ> SiKaaT-qplw indicates beyond doubt that there was a court derision. 29 If the ypcupri could be used as a part of the proceedings that began with a probole, it must have been used alone also. We can therefore assume that it was used independently against offences of less flagrant nature than those for which probolae were employed. Isocrates is the only one who mentiones the eisangelia against sycophants. The v6fj.os daayyt\Tu<6s quoted by Hyperides contains no reference to such a use. It may, however, be included in the first division given by Hyperides. 30 Like the probole, the eisangelia against sycophants would most naturally be employed against those offences of sycophants that affected the state. According to Pollux, one of the uses of the v?dcm was to prosecute sycophants. 31 There is reason for doubting this, since no authority of greater reliability mentions such a use. If it is true it was probably employed against those who made a business of attacking merchants and traders by bringing ; "Arist. Const, of Athens, 35, 1 3. » Dem. 25, 19; Lys. 13, 65. 94 SYCOPHANCY IN ATHENS was probably only instituted by a person who had some personal interest in securing the enforcement of the law in a particular case. A surer means of successful action against a sycophant was to bring suit against him on any sort of charge and then introduce into the accusation extraneous matters dealing with his activity as a sy- cophant. 37 Such a method would be more likely to affect the jurors. The scheme used by Archedemus in protecting Crito was very effec- tive. He made it his business to hunt up matters of which he could accuse the sycophants and when one of them opened suit against Crito, Archedemus responded with a counter suit that involved the charges that he had found it possible to use against them. The account given by Xenophon of this method implies that Archedemus never failed in stopping blackmail or actual prosecution of Crito. 38 The mere loss of a suit, even if it entailed no fine or atimia, was an effective check on a sycophant's operations. Just as the reputa- tion of having won a suit made a sycophant more successful in black- mail, so the reputation of having lost lessened his chances of success. Euxitheus, accused of the murder of Herodes, states that the syco- phants will lose their opportunities for blackmail if the jurors show their power and vote against them. 39 So also Hyperides implies that the business of sycophants' lagged after the conviction of one or two notorious ones. 40 Elsewhere in the Greek world stringent measures were employed against sycophants. Charondas of Catana in Sicily is said to have provided by law for the public disgrace of those who were convicted of "sycophancy." They were driven about the streets with crowns of tamarisk on their heads, as a sign that they had won the "palm of ill will." 41 In spite of the numerous methods of meeting the evil sycophancy flourished and the very fact that many different means of combatting it were necessary shows that none of them were very successful. The Athenians were in a measure reconciled to excessive and vex- 37 This is what was done against Aristogiton and Theocrines. *» Xen. Mem. 2, 9. 19 Ant. 5, 80. «° IV, 33, 36. 41 Diod. XII, 12, 1. The remedy that is accredited to Philip of Macedon (Theopompus Fr. 107) is Aristophanic in its preposterous claim on possibility. Every one in his domain who was guilty of false testimony, perjury, professional advocacy or sycophancy was to be forced to go to a city especially prepared for such men. This place he styled Uoi'rjpownXis. Vid. Suidas s. v. Aov\uv t6Xis. SYCOPHANCY IN ATHENS 95 atious litigation as inevitable nuisances. 42 Distinction between the sycophant and the good informer was hard to fix. Too stringent measures against those accused or suspected of sycophancy would discourage many well-founded accusations. In the epigrammatic words of Aristophanes, "There is no charm against the sting of a sycophant." 43 *"Cf. Cicero Ros. Am. 20. « Plutus 885. SYCOPHANCY IN ATHENS INDEX OF PASSAGES From the orators, historians, Aristophanes and Plato. Aeschines I Page 1 ff 2,3,21,22,46 44 11 55 13 56 13 58 13 82 11 84 12, 17 85 11 86 65 93 14 99 vii 107 34,46 117 14 167 13 170 13 196 13 II 93 47 145 91 III 51 47 Andocides I 1 ff 22 3 40 4 13 7 22 9 14 11 41 12 89 13 41 15 41,90 17 41 27 41,42 35 41 37 42 59 41 65 66 11 71 40 91 14 92 40 99 24.40 100 40 101 14. 53 106 13, 14 117 22 121 50,67 123 92 124 13 II 6ff 15 IV 1 1 15 18 Antiphon I 22 14 Tetral. A a5ff V 8 12 11 17 16 » 17 70 34 41 59 60 U 74 70 98 SYCOPHANCY IN ATHENS 78 23, 70 300 26 79 13,22 121 vi 80 94 472 ?5 90 . 12 529 20 824 16 838 71 VI 12 ff 4 840 35 16 4,6 1083 (sch.) ?5 21 4,5 1256 19 23 4 1345 14 34 4, 5 1360 IS 36 5 37 4, 5 p eace 38 5,6 42 5,6 43 vi, 6,46 49 6 50 50 191 21 505 9 638 71 639 35 Aristophanes Acharnians 31 Plutus 819 28 725 ff 20 873 v 818 19 885 95 819 26 900 2 820 24 908 28 829 25 914 ff 3 903 ff 19 936 46 908 26 946 20 B . , 970 20 Birds 44 24 Wasps a£ ff zzzzzzzziz5 ioifr « 1422 71 J« 20 U32 25 1451 ::::::::::::::::::::::25 *«* 13,23 287 15 Clouds 399 17 207 9 411 14 474 ff 14 Ecclesiazusae 488 ff 14 562 ff 24 505 20 517 9 Frogs 556 ff 15, 17 362 26 564 ff 15 1146 ff 25 578 ff 17 587 11,45 Knights 620 ff 15, 17 259 vi, 46 841 32 261 23, 34 847 ff 18 SYCOPHANCY IN ATHENS 99 878 18 897 20 900 14 920 18 967 ff 15 973 18 1000 ff 18 1091 ff 7 1101 ff 17 Aristotle Constitution of Athens 7.3 8 8.2 8 9.1 1,8 9.2 8 24.3 8 27.3 9 35.3 25,93 39.6 88 43.2 45 43.5 90 45.2 45 48.3 45 55.2 43 55.3 44 59.3 91 61.2 45 Politics 1274a 8,9 Rhetoric 1 16 Demosthenes XIX 216 54 XX 13 13 24 15 34 15 53 11 76 13 78 11 98 14 166 17 XXI 4 11 7ff 15 47 66 IS 83 92 14 96 u 99 15 103 ff 112 114 49 117 4') 139 141 154 13 160 14 182 186 15 193 14 197 14 209 IS 213 15 223 ff 9, 14 226 11 XXII 52 4 21 26 ff 87 46 14 96 ff 14 XXIII 1 12, 21 5 12 20 13 65 11 80 100 15 206 22 XX IV 1 22 2 . 11 I 6 M 52 37 n 57 14 66 53 73 14 76 .... n KM) SYCOPHANCY IN A'illl NS 78 11 87 It 90 14, 15 92 11 105 39 123 39 127 13 136 ff 13 151 12 154 14 158 52 159 13 164 14 166 39 173 ff 45 200 ff 13,52 XXV 4 39 8 ff 79 11 80 14 81 19 12,80,91,93 30 39,45 32 13 36 81 37 46,51,79 38 81 40 79,81 47 38,80 49 ff 81 52 79 54 ff 13,82 60 ff 82 64 ff 79,82 67 82 68 80 76 13 78 28,40,83 79 ff 13 83 ff 15 XXVI Iff 45 9 87 11 51 XXVII 1 12 53 15 68 15 XXVJII 1 39 XXIX 28 54 XXX 1 22 XXXII 4 65 5 66 8 66 10 ff 56,60,65,66 21 ff 14 24 66 26 66 27 13 XXXIV 1 22 38 13 XXXV 51 26 54 14 56 15 XXXVI 8 13 36 ff 13 42 ff 13 57 ff 15 XXXVII 33 13 37 13 38 ff 13, 60,64 45 27 48 15,64 52 13 XXXVIII 19 ff 15,27 25 13 27 15 XXXEX 1 22 2 60,61 3 32 4ff 61 SYCOPHANCY IX ATHENS 1<)1 13 60 14 14, 28,40 16 ff 13 18 63 27 13 32 ff 63 35 15 37 ff 61,62 57 13 XL 3 62 5 13, 22 8 ff 60 9 11 11 11,61 12 22 14 62 16 22 17 ff 62 28 61,63 32 22,47. 63 38 IS 43 22 50 12 53 22 55 11 57 12,67 58 13, 63 59 12. 67 61 ff 12 XLIII 71 27 XLIV 3 53 XLV 1 12 6 12 47 13 57 ff 56 63 13, 58 61 56, 58 66 13, 15 77 13 85 Iv 14 XLVI 26 I. Ill 1 '.... 21.2- M 26 ff... 29 I. VI 6 26 47 IS LVD 34 vii I.YIII 4 : 5 6 7 I : 8 10 .... I- 1 13 19 22 ff..., 27 28 ff ... 52 36 ... =] 39 ff... 42 . 43 ... IS I. IX 9ff 16 ..... 11 52 M Din Ut< BUS 1 2 ... I 8 .... 9 10 12 . 13 Bl 15 17 U 102 SYCOPHANCY IN ATHENS 1 1 ;i a Sn i 313 314 XI, 87,5 7 31 31 13 5 76 32 13 7-10 37,57,77,89 33 14, 31, 94 11 55, 65 35 27, 29 12 55,65, 78 36 14, 94 48 ff 76 38 14 52 47, 78 53 ff 78 ISAEUS -y-Y HI 15 33 46 ff 37 XXI V 5 vii. 33 7-9 47,63,64,90 8 60 Lycurgus 40 47,63,64 c. Leoc. 3 25 ISOCRATES 4 1 ; 3 VII 6 1' 21 46 12 52 12 VIII 79 14 130 15 90 3 54 15 91 XV no 8 - 23, 33 119 24 vii. 34 127 25 34 134 ff 33 33 138 142 16 139 1 160 15,34 149 2 241 64 150 15 16 X XII SYCOPHANCY IN ATHENS 103 LYSIAS XVII j 1 22 36 9 XVIII 43 33 * 29 9 Ill 14 ■ ; .47 19 30 20 33 XIX 9 VI 9 JO 11 9 40 51 M 40 55 42 40 64 ;<> 54 » VII 1 44 .22 17 M 19 XXV 3 %-ii. »2, 14 7 14 13 13 19 XXVI 8 ff 44 9 45 XIII 16 ff 44 2 21 3 21, 22 62 13 5 ff 74 8-12 74 18 74 19 66 22 74 29 75 30 75 32 74 XXVI 1 1 1 3 15 XXIX 1 6 8 29 34 75 XXX 38 75 5 .... 64 73 65 31, 73,92,93 70 ff 73 XXXI 1 ii 21, H 76 ff 73, 75 XXXII 1 Ii 22 XVI Pi \i" 9 II 12 13 17 13,44 L7BC 31 44 20DE 12 104 SYCOPHANCY IN ATHENS 21A 11 Phocion 27B 12 io 79, 82 28A 16 34C-E 15 Solon 36B 87 18 1)8 Crito 24 v, 28 44E 56 Timoleon 45A 36 37 10 45B 40 45C 56 Theopompcs 45E 40 Euthydcmns 290A 13 Gorgias 515E 9 Laxvs 730D 2,3 745A 28 767C-E 16 768A 2 876AB 16 Frag. 107 viii, 9-1 Thucydides 11,40 1,25 Xenophon Apology 4 16 14 12 Hellenica 1,7, 2 : 51 928BC 28 H ' 3 ' 12 24 ' 2;> ' 937A 12 938B 14 949A 15 11,3,38 25,93 Memorabilia 11,9,4 49,56,57,94 Republic IV, 2, 35 34 340D (sch.) v IV, 4, 11 viii, 54 Plutarch Politeia Alcibiades 20 43 523 I, 14 16,69 I, 15 69 I, 16 9,68,69 De Curiosilale l > 17 69 I. 18 10,69 Ill, 1 68 DeExilio III, 1-6 ° 11 24 ni,2 Pericles Symposium 9 9 IV, 30 62 86* " l2 I \l\ I KM null \l NORMA Ids \\(,l I I s THE IMVIKSII \ LIBRARY I Ins Look is I )l h on the- l;iM date stamped below JAN-^5 1949 8 tC*0 ID-UH MM 30 Wi I on the last date stamped •WKNOV2 199^ '-UJJP •'/>« 1!» v ' | MAY 021983 APR * 1983 ■ Form L-fi 25m -2 , ?4 K CALiFOKKU ANGELES 58 00146 4824 AA UC SOUTHERN REGIONAL LIBRARY FACILITY AA 001 308 725 9