S p^/ SELECT PRIVATE ORATIONS DEMOSTHENES. PART L : C. J. CLAY AND SONS, CAMBRIDGE UNIVERSITY PRESS WAREHOUSE, AVE MARIA LANE. ffiamfrrfogt: DEIGHTON, BELL AND CO. F. A. BROCKHAUS. SELECT PRIVATE ORATIONS OF DEMOSTHENES PART I CONTAINING CONTRA PHORMIONEM, LACRITUM, PANTAENETUM, BOEOTUM DE NOMINE, BOEOTUM DE DOTE, DIONYSODORUM. INTRODUCTIONS AND ENGLISH COMMENTARY F. A. PALEY, M.A., LL.D. EDITOR OF HESIOD, THE GREEK TRAGIC POETS, ETC. ; LATE EXAMINER IN CLASSICS TO THE UNIVERSITY OF LONDON, WITH SUPPLEMENTARY NOTES BY ]. E. SANDYS, LITT. D. FELLOW AND TUTOR OF ST JOHN'S COLLEGE, AND PUBLIC ORATOR IN THE UNIVERSITY OF CAMBRIDGE. EDITED FOR THE SYNDICS OF THE UNIVERSITY PRESS. SECOND EDITION, REVISED. CAMBRIDGE: AT THE UNIVERSITY PRESS. 1886 [All Rights reserved.] CAMBRIDGE : PRINTED BY C. J. CLAY, M.A. AND SONS, AT THE UNIVERSITY PRESS. PREFACE. WE have endeavoured in this edition to promote and facilitate the study of a most important and most interesting part of the writings of Demosthenes, the Private Orations. To this end we have selected twelve, which either from the nature of the subjects or from the manner of treatment or for both reasons appeared to afford the best and the most copious illustrations of the laws and general polity of Athens. It is remarkable that (with the exception of a small volume, long ago out of print, published by the late Mr Penrose) no such work as the present exists, even in Germany 1 . The importance, however, of these shorter but more technical orations, in illustrating the details of finance, mercantile transactions, loans, securities, interest on money, banking and mining operations, the laws of citizenship, &c., may be judged of in two ways. The pages of Boeckh's well-known work on the Public 1 The Speeches against Aphobus and Onetor alone are included in Bremi's Orationes Selectae (1829), and only those against Conon and Eubulides in A. Westermann's Ausgewaehlte Reden des Demosthenes (ed. 2, 1865). Mr Penrose's selection included the Speeches against Aphobus, Onetor, Zenothemis, Apaturius, Phormio, and Lacritus (1843 ; ed. 2, 1853). vi PREFACE. Economy of Athens are filled with references to the Private Orations, which are indeed the principal sources of his information. Secondly, a mere glance at the index of the present volume will show the considerable amount of legal and political usages alluded to or dis- cussed and (as far as space would permit) explained in these pages. In a literary point of view, and regarded as specimens of acute legal argument, of rhetorical skill, or consummate grace of style and diction, the interest of these orations can hardly be overrated. Hitherto, they have been accessible to general students only through the English Translation (a very excellent one) and Dissertations by the late Charles Rann Ken- nedy, or through the variorum notes of G. H. Schaefer. We have endeavoured to bring together all the refer- ences of importance in Boeckh's great work, the Public Economy 1 , and have so compiled in a brief form all the necessary explanations of the text from various sources, 1 Translated by G. C. Lewis, 1828 ; ed. 2, 1842. Mr Sandys has occasionally added references to the Second German Edition of 1851 (translated by Anthony Lamb, 1857). He has also availed himself of K. F. Hermann's Lehrbuch der Griechischen Privat-alterthiimer (ed. Stark, 1870, ed. Blumner, 1882), Rechtsalterthumer (ed. Thalheim, 1884); of Biichsenschiitz, Besitz und Erwerb im Griechischen Alter- thume (1869) ; and of Arnold Schaefer's Demosthenes und seine Zeit (1858), the second part of the third volume of which (pp. 130322) contains admirable introductions to the Private Orations ; also of the volume on Demosthenes in the excellent work of Blass, entitled die Attische Beredsamkeit, Vol. iii, 1877. Lastly, he has occasionally referred with advantage to the notes appended to M. Eodolphe Dareste's translation of the Private Orations, Les Plaidoyers Civils de Dtmosthene, 1875. PREFACE. vii that we have reason to hope this volume will be found useful alike for school and for college use. Most of the earlier orations of Demosthenes, be- sides others of the principal and longest of the speeches, e.g. De Corona, De Falsa Legatione, Contra Aristocratem, are almost entirely historical, and there- fore come under quite a different branch of study from the legal points which are so numerously and so curi- ously brought out in the Private Orations. Others, as the Midias, the Leptines, the Androtion, and the Timocrates 1 , equally well known and perhaps as much read in the schools, are rich in illustrations of Attic law, and as examples of Attic oratory and composition they can hardly be surpassed. But there are count- less details of domestic life dispersed throughout the Private Orations, such as could hardly enter into the great public questions of the policy of Philip and his opponents and partisans. What Aristophanes is to the private life of the Athenians half a century earlier, the same for his own times is Demosthenes, whose earliest speeches are separated by an interval of some thirty years from the latest plays of the comic poet. We feel very confident, from several points of view, that the study of the Private Orations will be found as useful as it is interesting. It is not from dic- tionaries of antiquities, or from other books of reference, 1 The two last named have been edited with very useful notes by Mr Wayte, since the publication of our former edition. viii PREFACE. however excellent, that such questions and practices of the Attic law can be fully understood. They must be studied in their bearing on actual life, and in their con- nexion with real causes that have come before the Attic courts. It may be added, that there can be no better intro- duction to the study of English law than the speeches of the Attic orators. These, indeed, cannot be fully appreciated without some general acquaintance with the principles of our own legal practice. And perhaps some at least of those students who have laid a good foundation on a knowledge of the Greek Orators gained at School and College, will not rest satisfied without acquiring some further knowledge of Roman and English jurisprudence, even if legal practice is not their object in life. " Of what use," asks Mr Kennedy 1 , " can it be to an English gentleman to cram his head with the terms of Attic process, when he is utterly ignorant of that of his own country ? It is only by some acquaintance with the latter that he is competent to understand the former." With regard to the text, we have thought it best, on the whole, for the convenience of schoolmasters and students alike, to follow the third and latest edition of W. Dindorf in the Teubner series. At the same time, as Dindorf's edition hardly claims the authority of a Textus Receptus, Mr Sandys has given a careful colla- 1 Appendix x, p. 395. PREFACE. ix tion throughout with the text printed by Baiter and Sauppe in the Zurich edition of the Oratores Attici, noting all the varieties under the text in each page. We advise every student to use the Teubner text with our edition, because, for brevity's sake, we have referred to the different speeches, for the most part, merely by the number of the oration and the marginal paragraph (e.g. Or. 40 20). Besides, as some schoolmasters object to the use of notes under each page while we could not reconcile ourselves to the less convenient arrangement of notes collected at the end we recom- mend the general use of the cheap and accurate Teubner text along with our own commentary 1 . The entire work is strictly that of both editors conjointly, though Mr Paley is directly responsible for the major part or general body of the notes in this volume, and Mr Sandys for those in Part II, which contains the Pro Phormione, the two speeches against Stephanus, and those against Nicostratus, Conon, and Gallicles. The passages inserted in each volume under the respective initials (S. or P.) will be understood as the interpolations of either editor, for the sake of fuller or clearer explanation in the notes of the other. Mr Sandys had the advantage of attending Professor Kennedy's lectures on the last three Orations in this 1 The Teubner text of Demosthenes may be obtained in Parts as well as Volumes. Vol. II Part n consists of Orations 24 40, and includes all the speeches in this volume except the last. x PREFACE. volume during the Lent Term of 1874 ; and with the Professor's kind permission a few of his renderings have been inserted, with an acknowledgment in each case of the source to which they were due. It is hoped that no serious want of uniformity or useless repetition will be found to arise from this joint editorship. Of course, there is some liability to slight divergences of opinion, and some varieties in style and method of treatment will perhaps be detected in a commentary written by two hands. But all the notes in manuscript, and all the proofs of both volumes, have passed through the hands and undergone the separate revision of each of the editors. In carefully revising the notes for a second edition, advantage has been taken of the Rev. Joseph Bicker- steth Mayor's friendly criticisms in Vol. VI of the Journal of Philology (pp. 240 252), and his sug- gestions and corrections have been in all cases duly weighed and generally adopted. Many new references have been also inserted, especially in connexion with points of Attic law; and a plate of illustrative coins, with descriptive letterpress, has been added by Mr Sandys. R A. P. J. E. S. October, 1886. DESCRIPTION OF ILLUSTRATIVE COINS. 1. SILVER HALF-DRACHMA OF ATHENS (rfpiUpaxpo* Pollux vi 160), the daily fee of the Athenian 8iKao-njs, the rpicoftoXov of Aristophanes, Eq. 51, 255, 800, Av. 1541, Vesp. 609, 684, 690 and 1121. Of. Boeckh's Public Economy of Athens, book II, chap. xiv. Dem. Or. 39 17, p-urdbs eiropia-drj rois 8t,Ka- crrrjpioiS) elarrjyov av 8rj\ov on. On the obverse is a head of Athene, of archaic style, look- A ing to the right. On the reverse is the legend .-, for 'A^- vaitav, a form of spelling retained on the coins of Athens long after H had come into use. In the centre, under an arch formed of two sprigs of olive, is an owl, facing to the front and with wings closed (Ar. Aves 1106, y\avKfs vp.as OVTTOT eVi- \efyoiHTi A.avpfia>TiKai). Photographed from a cast of the specimen (in 29) in the selection from Leake's Greek Coins exhibited in the Fitzwilliam Museum, Cambridge. Weight 33 grains (Leake's Numismata Hellenica, European Greece, p. 25). Cf. Mr B. V. Head's British Museum Guide to the Coins of the Ancients n B 23. 2. COPPER COIN OF PEPARETHUS, one of the northern Sporades, N. of Euboea. On the reverse is a diota, with tendril and grapes hanging from the mouth of the vase on either side. In the field to the right and left in two lines is the legend F EF A. [On the obverse, not given here, a head of Dionysus, crowned with ivy, to right.] From the Leake Collection, Numismata Hellenica, Insular Greece, p. 30. The types on both sides of the coin allude to the wine of the island, or (more strictly speaking) to Dionysus, its patron-god, and thus illustrate Or. 35 35, tls TOV TTOVTOV 6 olt/os eiadyerat ex HenapijOov KOI Kw KOI Qav...Qao-ia>v KOI Mei/Sauov Kal Aeos...Qdo-ios. 5. ELECTRUM OR PALE GOLD STATER OF PHOCAEA, on the Ionian coast. Obverse, a seal (^XBK^), a type parlant alluding to the name Qumaia. (An early silver coin of Phocaea with the same type may be seen in British Museum Guide I A 23.) The letter below, though apparently a theta, has a small pro- jection at the upper right-hand extremity, and was probably intended for the first letter of a>Kae'wj/. This extremely rare specimen is of a remote antiquity when the same letter varied in its form in different places (Leake's Num. Hell., supple- ment p. 81). [Reverse, two incuse squares.] From Leake's Selected Coins n 70, an electrotype from the Munich Collec- tion. Cf. Gardner's Types of Greek Coins Plate iv 7. See further in note on Or. 40 36 crraT^pas 6. ELECTRUM STATER OF CYZICUS, in the Propontis off the coast of Mysia. Obverse; in the centre is the o(j.OPMmNA Lampis, to sail back to Athens without him, promising that he would soon follow. It so happened that Lampis' ship was wrecked ; and though Phormio, having no goods on board, was not in any way a loser by the accident, he evaded his liability by falling back on a clause in the contract, which exempted him from pay- ment if his goods on the return-voyage should be lost at sea. It is on this point that the action turns. Chry- sippus gives evidence that Phormio never thought of disputing his liability at first, on his return to Athens, but trumped up the excuse at a subsequent time in collusion with Lampis. Chrysippus then brings an action, of the class called e/jt/Tro/DiKcu SiKat, to compel Phormio to pay his claims. Phormio objects that the suit cannot be maintained, because he has done nothing to violate the terms of the contract. This objection is now answered by Chry- sippus, and, at a later part of the oration (probably be- ginning at 21 or 22), by his partner. This speech there- fore is directed against the 7rapaypa->/ or demurrer which had been pleaded by Phormio, and shows grounds why the action can be and ought to be tried. The liability to pay had been at first admitted by Phormio; but he afterwards denied it, and when the case was submitted to arbitration by mutual consent ( 18) he had suborned Lampis (who on a former occasion had, virtually at least, admitted that he had not been paid anything by Phormio) to swear that he had re- ceived the money from him in the Bosporus, and had lost it in the ship which had been wrecked. Chrysippus handles the accounts in a very dexterous way, and con- victs Phormio of falsehood by showing that the money he pretended to have paid Lampis was a great deal too much. He dwells also on the improbability of so large IIEPI AANEIOT. 3 a sum having been paid without any witness to the transaction, and urges that the clause in the contract, making the safety of the ship a condition of the liability, must be taken in close connexion with another clause, which compels the borrower to put goods on board for the home voyage ; which Phormio had been unable to do. The -n-apa-ypa^, or special plea, might have been put in, says Chrysippus, if the transaction had not been made in, or in connexion with, the Attic mart. But the law is explicit in stating ( 42) that all disputes about contracts so made shall be brought before the Attic courts. And the defence set up, viz. that the money was paid, is not a ground for a special plea at all; it is simply a defence in an ordinary action (evOvSiKia). The Phormio in this suit Trpos uWo9, who was a liberated slave, and concerned in a banking transaction. The date of this oration is approximately fixed by the mention of Paerisades in 8, as king of the Bosporus, which office he held from B.C. 348 to 310, but much more closely by the allusion in 38 to the capture of Thebes by Alexander, B.C. 335. [The famine-prices of 34 probably belong to the years 330 326. If so, the speech belongs, at earliest, to the year 329. A. Schaefer, Demos- thenes und seine Zeit in 268 ff., in 2. 300 n. On the speech in general, cf. Blass, die Attische Beredsamkeit in 515520. S.] 12 HPO2 3>OPMIONA IIEPI AANEIOY. YnoE2i2. UCO(TL Ka-reXaftev aTTpacriav T(Sv rov vav/c\ijpov AayHTrtSos Trpbs QopfJLiwva. irepl Saveiov] The speech is quoted under the same title in Pollux ix 45, tv T(jj Trpos op[j.ii>}va irepl Saveiov. Harpocration, however, in ex- plaining the use of eireOriKanev in 28, s.v. eirrteTovs copras, gives the fuller and more ac- curate title virep Xpvcrlinrov Trpbs Tyv&op/Jiiuvos Trapaypatpriv, which is also found at the end of the speech in the Paris MS, and at the beginning in the Augustanus primus. Harpocr. s.v. tQenTos TO/COS, quoted on 23, has the shorter title ev TI$ inrep XpvaiTT- irov. S.] 3. Argument. Kart\apev,K.T.\.] ' He found there was no market for the wares he was bringing.' What these were, does not ap- pear. Probably it was a mixed cargo on speculation. He called it P&TTOS, 'trash,' in a fit of ill-temper at his failure, inf. p. 910 init., 9. ibid. &v eKo/M^e] This is an instance of attraction to an antecedent which is expressed, whereas the usage is much more common when the ante- cedent is omitted, and the case irapa Xpwo- ITTTTOV /w?9 905 ' j ' s-\ > Reiske. a(f>iKO[J,evos oe e/cetcre wv e/c6/uie. St6?rep ov\ofj,evov ' of the word to be supplied is shifted as it were on to the relative, by which the ellipse is sufficiently indicated. This at- traction takes place only where the proper case of the relative is the accusative. We may say KardXoyos J3ij3\i may represent a, but not ofj. 4. vavK\-r}pov] 'The skipper.' The word seems properly to mean one who has a share or interest in a ship; a part-owner, or one who has hired it for a time (Phot, in v.). Hesych. ex- plains it by 6 dfairorrisTov Tr\oiov. Lampis, however, was only a slave ( 5), and perhaps was representing his master. [Cf. La- crit. 33 (/mprvplcu) 'T/3\^crtos ' y TO. vav\a \afjipdveiv. S.] 6 XXXIV. IIP02 TOPMIHNA [ARGUMENT 5 va^e, Kal Ke\evovro$ avrov evOecrOai, rf) vrjl ra dyopd- (T/jt,ara rwv ^prj^draiv rwv rrapa XpvcriTTTrov (TOUTO yap e(>pa%6v rf o-vyypaffrrj) ovre T/ Trpo? rov Ad/j,7rtv aSwaVco? e-^eiv ev ru> rrapovrt Troirjcrai ravra, /Atfcpov &' vcrrepov 10 e^>' erepa? eKTr\evcrecr6ai a ' vecios ap,a rot? -^prj^acnv. 77 fjiev ovv rov Aa/iTTiSo? vavs dva-^delcra Sia^Oeiperat, teal fjuer" o\iya)v 6 Aa/A7rt9 eV TOO Xeyu./?&> crw^erai, Kal a0t/cd/xez/o9 'Adqva^e firjvvei XpucriTTTreo TO evrv^fjia rov t&opfjbiwvos, w? aTreX-elc^drj re v TW BOCTTTO/OCO /cat 15 et? TTJV vavv ovSev evedero. o &e Qopfjiicov, Kara- varepov Kal TO dpyvpiov dTrai,rov/J,evos, TO v7rio-%veiTO, 7reira cos fiijo'ev 6(J3ei\eiv eXeye" 20 K\eveiv TraOovo-'T^ TI Kara ej? a7r?;X- i rov o^)X7?/LtaTO9 Toy Qopfjiiwva' e\a%ev ovv avru) o Xpuo-tTTTro?. o Se Trapeypd^fraro. Kal Z. OI;K avavetiuv. 19. ryv yap a-vyypa^v] ' The compact expressly says that if anything happens to the ship at sea, Phormio is discharged from his debt to Chrysippus.' Loans on bottomry partook of the nature of insurance also, i.e. the profit on the loan was so large ( 23), that it covered some total losses resulting from wrecks, or loss of goods from pirates, storms, or other un- avoidable mishaps. 22. Trapeypd-^aro] Phormio put in a demurrer or bar to the suit, trying to show there was no ground for action at all, as he had abided by the terms of the contract. 5. TO. a,7opa aXXeov eV T^ vavayta. Trpb- repov Be rdvavria TOVTCOV eiprjfcei, TT/OO? Xpi/crtTTTroy, a$9 906 oi)Se^ 6 <&op/j,ia)v et9 TT)^ raOv evredeiKev. ekey%6/j,vo<; Se eVt TOVTOIS 6 Aayu/7rt9 e^ea-Ttj/cevai Tore e(f)r)(rev, ore Kiva 7T/J09 Toy XpycrtTTTTOz/ eXe^e. rovrwv dicoiHTas o 30 &tatT?7T?}? /cat fMjSev d7ror)vd/j,vo<; et9 TO BiKaanjptov TO Trpayfj,a 7re7ro^^>e. /cat 6 dycov ovo^an fj,ev ecm 7rapaypa(j)i,Ko7ivdfjiej'os] 'Without delivering judgment.' In classical Greek, of course, ovStv would be required. Cf. on. pi) inf. 44. Trtirofj.e t a rather rare perfect (Thuc. vn 12). Perhaps TreTro/^et, or lireTrofj.- 0e<, 'had sent.' Otherwise we should expect the aorist. In this late Greek the Latin usage, which has one tense only for aorist and perfect, misit, is per- haps incorrectly followed. Cf. Or. 39, Arg. 18. See Winer's Grammar, p. 136 ed. Moulton. 32. TT]V evOeiav yi-yverai] It takes the course of an ordinary or regular action, evQvdiida. The accusative here is strangely and irregularly used, and perhaps Trapa should be preferred, 'ac- cording to the ordinary practice.' In showing that a demurrer can- not be pleaded in this case, Chry- sippus, or his advocate, goes into all the facts, just as they would appear in a common trial. 33. eTriffrjfj.ali'eTai] 'Remarks;' another late usage. sar' apxas, see 4. rb \tyeiv, the saying a man has done all the contract required him to do is no ground at all for pleading that the action 8 XXXIV. HPOS 9 c Trapaypa^rj TO \eytv TreTroirjKevat Trdvra 35 Kara TO, crvyKelfjieva, dirooiSovat rd ^p-qfjuara Aa/iTTtSt, Ke\vovcrrj9 'ABijvrja-i /Ji'rjSe et? 'A^T^i/a? av^o\aiwv. Terr/p^rai 8e eV rcG ^076) ravrov 'oirep Kal Trepl rov Kara Nea/pa?, ori /a?) j5^>' eyo? eiprjrat TrpocrooTrov. 45 d aXX' eet /iey e/carepoy d 8iacrro\rj (fravepd, evravOa 8e BoKet 8e epoiye evrevOev 6 Seurepo? \eyetv roLvvv yaa>v, voirivks elcriv ol 7rpo9 50 Ai/cata vuuiv c BefcA;. s. SXo^ Z. cannot be brought. T/;af, he says, is the plea of one who is defendant in an ordinary trial, and rebuts a charge brought against him; not the plea of one who wants to show that there is no case against him at all. A Trapa.ypar), in fact, turned solely on the inadmissi- bility of a suit, e.g. on the ground that it belonged to another court or different juris- diction. He quotes as a case of this in the next sentence, that contracts not made at or for a voyage to Athens could not be brought before an Athe- nian court. u> civSpes BiKaaral, CLKOV- d - d dXX' ^ ^ar^ou Z. 43. Terrjp-rjrai] 'The same peculiarity is observed here as in the speech against Neaera, viz. that it is not spoken by one party only; but whereas there the division is plain, here it is confused and obscure: it ap- pears to me however' (i.e. to the grammarian Libanius) ' that the second speech begins at a/foi5 fj-epet \eyovTwv, yvovras ', iravreKuts eapev, KCU TTO\VV ^povov et? TO ' i. ~ ? --i erepayv. ov8' av vvv, a/c/ot/3o)9 tUTe, w avSpes 2 e fj\6onev Z cum S. who can bear a loss if it is a just and unavoidable one, and not ffvKodvTai or lovers of law. ev Tois, and ib. 44 n. S.] TroXiV xp^vov, K.T.A.] 'Long as we have been in the habit of coming into your market, and many as are the merchants with whom we have had transactions about loans, we have never yet commenced any suit either as plaintiffs or defendants; and even now, be well assured, if we had really thought the money that we lent to Phormio had been lost on the ship that was wrecked, we should not have brought this action against him : no! ice are not so shameless nor so inexperienced in losses.' M/3o'\eua] A general term for any kind of contract or mu- tual compact, besides those of money-loans or commerce. Plat. Soph. p. 225 C, TOV avTiXoyiKov offov irepl ra u/x/W\cua afj.(f>i- ff^relrai. Eur. Ion 411, a -re vfv crv/jL/36\aia Trpovdev TJV s Trcuda rov ffov, /jLerawfooi j3e\Tioi>a. See Or. 37 49, and 33 3, oo-a t'/icol Kal Tovrti} eytveTo ffv/j.f3o- Xcua. 2. o05' etc OVK, K.T.X.] In this sentence the OVK is superfluously repeated after the ot)5, by a not very common idiom. We might have expected /cat vvv OVK dv irore Adxo / ttei' /c.r.X. , but the negative sentence is continued, oi)5' ac vvv \axofj.ev, and the second OVK is added before the verb in order to carry the favourite combination OVK ca>, the simple verb eXaxopev being too far removed from the preceding ovS' av vvv. Compare Mid. p. 557, 129, ovS' el TO Trap' dfj.(po- T^puv Ti/jitov vdwp VTrdp^eie, OVK av ^apK^a-fiev. Aesch. Agam. 1612 (1634 Bind.), os ovd' (MSS OVK) ^weidr) Top/jLi(0vi,,o'i'7rep TOV- TOV ybecrav ov crvvaTroXecravra ra ^ptj fiara ev rfj vrjl, Seivov rfyov fjief elvat TO prj ftoijOrjaai V7TO TOVTOV. 3 TLepl fMev ovv rr)<$ Trapaypacfifjs ^pa^vf ecmv 6 \6- 705' Kal yap ovroi ov TO TrapaTrav (rvfAft6\aiov e%ap- f + f/ATTOpUV T&V Z. perhaps the difficult lines Oed. Tyr. 328 9 may be explained (reading rd/u' dis di> stirris, 'how- ever you may speak of my con- duct') by the repetition of /wj immediately before the verb. Not unlike this is Or. 37 59, oi>5 ye av 6 TraO&v avros cupy ovSevi TWV \oiiruv avyyevuv t;eff- nv tirft;i4vai. There is another instance in Androt. p. 603, Or. 22 32, eV TCUS oXryctpx/cuy, ovd' av UHTIV IT' 'Av8poTiuv6s rives at- ffX<-ov /Se/Siw/coTes, OVK &TTI \tyeiv /ca/cws TOVS apxovras. In other cases (Or. 37 16) the ovdt placed at the beginning nega- tives the whole sentence. See also Mid. 57. /ccKctfoj/rcoc] ' Taunting us with cowardice,' i.e. with the fear of being called ff\iKO(pa.vra.i. So Or. 54 5, \oidoprj8evTos avrois eKeivov Kal KaKivavros avrovs. Mid. 73, ot rbv fj.ev KaKieiv ols ^irpa^e Eur. Ion 984, ofyiot, BoffTTopy] [Also called Panti- capaeum (Kertsch), Lacrit. 31, the capital of the Bosporus Cim- merius. Cf. Dem. Lept. Or. 20 2936. S.] See the note on Or. 35 10. TO /XT) [3oi)6ij e/ATropia) rw vperepy, ovKeri elvai fyaai irpbs eavrovs ovSev rwv ev rrj (Twy e'yi/J,ov rrjv BiKrjv ova-av. (TKe^acrOe 8', co 5 'AOrjvaloi, ri 6^o\oyelrat Trap* avrwv TOVTQJV Kal ri avTiXeyerat' ovrco Ata>i'09 olfcerrj ev Bo<77rop&). /)/aei9 roivvv ov ^ovov rovro Sei$;ofj,ev, &>9 OVK otiStv o-u/x/36\atoi'] 'No obli- whatisthetrue groundof airapa- gation by virtue of the con- ypa^rj), but I hope,' &c. Trans- tract. ' Hesych. avi>a\\ay/j.a. late : ' Still I hope to show from 4. ot fjitv ow vbp.oi, K.TtX.] Cf. the facts of the case itself that Or. 32(Zenoth.)l oi VO/J.OL KeXet- this suit of mine is one that ovffu>...Tas Si/cas elvcu rols vavK\ri- can be tried. And now observe pots Kai rots f/j.w6pois ruv' A.6r)va.e well what is admitted by the Kal ruv 'Adrifrjdev ffv/j-poXcuuv, defendants themselves, and what Kal irepl uv dv <3<7t al- ai> is denied ; for by these means 5^ ris Trapa ravra diKdfrTai, /j.rj you will best investigate the eiffa.ywyifj.ov elvai TT)V SlKijv. S.] truth of my charges.' The d^Lff^Tir-rj] 'should plead on sense is, that as the law does the other side.' Lit. 'should not here apply which allows a question the justice of the action special plea on contracts not by saying that he has done all made at or for Athens, the facts that the contract required. ' of the case are such that Phor- ov Karriyope'iv] See on 1, ey mio's conduct is clearly action- T uepei. able. 01) /J.riv dXXd, K.T. X.] 'Not but 5. (TwO-qnas TrotTjcrctcr^cu] ' They that I hope' lit. 'I do not had contracts duly made to se- however (dwell on this point, viz. cure the loan.' 12 XXXIV. HPO2 TOPMIHNA [ 6, 7 dTro8eSa>icev s , aXX' 069 ovS" e^r/v avrw ctTroSovvai. dvay- Kalov S' earl fipa-%ea TOOV e ap% 'E et? rbv Tlovrov eTrl erepa vTToOrjKr], teal <7vj r ypa(f)r)i' eOe^rjv Trapd Ktrrw s dirtdwKev Z cum S. oW e^? en/rep] 'That he could not have paid,' since he could not realize the value of his wares, 8. Kennedy misses the sense in translating ' it was not even lawful for him to pay.' 6, 7. Statement of the cir- cumstances and nature of the loan, and of the way in which Phormio violated it at the very Jirst by illegal acts. yw yap, /c.r.X.] 'I on my part lent the defendant twenty minae' (about 85) ' for the double voy- age to Pontus and back, on the security of twice that amount of goods.' The meaning of ewl fTtpa virod-ijKig has been doubted; but the context leaves it pretty clear that it is a brief legal term for f(fi fTfpij} Toffovrcfi. Cf. Or. 35 18, fdaveifovro irap yfj-iav TO.S TpiaKovra fnvas, ws VTrapxati- erects yews in 9.) If the goods (of whatever amount) were the se- curity, and (what is nowhere expressly stated, though it seems probable) the ship itself also was pledged, the not bringing the ship back to the Peiraeus would be alluded to in 7. Kennedy follows Seager in ren- dering it ' on the security of the single cargo,' i.e. the return cargo ; but it does not appear how the Greek can mean this. [M. Dareste renders it : ' avec affectation sur un chargement d'une valeur double;' thereby coinciding with Mr Paley's view, which, however, says Shilleto, 'cannot be right'. The dis- puted phrase should perhaps be altered into eV e\ev6fpa UTTO^KT/, 'on an unencumbered security.' Cf. Or. 35 21 viroTietaai ravr' eXevdepa and 22 eir eXei^potj rots \prinaai Sacetfo/xecot. S.] dfA^oTepoTrXovv] sc. 5ai'eioj','For the double voyage,' as erepo- w\ovs ( 22) is for the single or outer voyage. See Or. 56, Aio- wa. 6 and 29. It was usual in the latter case to pay the loan and interest either to a partner on the spot, under letter of advice, or to an agent who was on board during the voy- age. fBe/uLrjv] ' I deposited the bond with Kittus the banker.' [Possi- bly son of the Kittus mentioned in the rpa7refirt(c6s of Isocr. as a servant of the noted banker Pasion. S.] It was the custom p. 909] Tc IIEPI AANEIOT. p> \ * oT?79 13 evdeaOcu jrdvrwv SeivoTaroV ev0v$ yap ev rc5 Tleipaiei eir&avei- \ddpq TJ/JUWV irapd pev eoBa>pov TOV QOIVIKOS ^ r rrevraKO(ria^ Bpa^f^dv efcarov Kal Be/ca teal i rrevre i , el h + dpax/J-as Z cum S. ' 5eK&irevTe Z. Keiske, approved by A. Schaefer, conjectures -irevrriKovra. 'ortus est error lectionis ex errore librarii qui AH i.e. SeKaTrevre dedit pro ^[, TTfvraKis S^KO. i.e. TrevTriKOVTa.' then, as with us, to place valu- able deeds in the custody of bankers. See Or. 33 15; 35 14. ei)0i)s] 'At the very outset,' before he left the harbour. eTridaveiferai, 'he raises another loan on the same security.' This was illegal, as a second mortgage would be on property already mortgaged to its full value. Or. 35 21, (J.6TO. S TCLVT ZffTIV tv viroT(.da.Gi TIJ ffvyypaow/cos] 'The Phoeni- cian.' [The Phoenicians of Tyre and Sidon carried on a con- siderable trade with Greece (Odyss. xv 415 480) and many of that mercantile people were settled in Athens. There is a decree extant granting the Sido- nians resident in Athens exemp- tion from the fieroiKLOv and other taxes. Cf. Buchsenschutz, Besitz und Erwerb im GriecMschen Alterthume, pp. 443, 275, 362, and Isocr. Trapez. 4, trvaT-ij- aavTbs pot HvOoSupov TOV 3?ot- VIKOS Hairiuva., expu/J-i)i> r-g Toti- TOV Tpair^ri. S.] 7. Karayopdaai] The word technically means ' to purchase goods against, or as a set-off to, a sum of money.' P.VUV eKarbv, K.T.X.] As 100 drachms = 1 mina, and therefore twice the amount of the whole tiridaveKr/Mbs (of 4500+1000) is 11000 drachmae or 110 minae, and as Karayopacfai implies the doubling, without including, the loan of 2000 drachms, it is not very clear why the sum is put at 115 minae, unless 5 minae in addition should have been spent in provisioning the ship, eiuai- Tlff/MS. [If the terms of the agree- ments with Theodorus and Lampis were identical with those of the original agreement with Chrysippus, Phormio was bound to put on board not 115 minae, but 150, i.e. double the value of the three loans, amount- ing in all to 7500 dr. = 75 minae. The copyist may have failed to understand what more than one critic has conjectured as the right reading, viz. 150 minae. He was probably led to alter xxxiv. 3>opMinNA [ 7, s rot9 ayetcrrat? Trcri iroirjcreiv ra e rat? crvy- ryeypa/ji/jieva, ov KaTrjyopaa-ev d\\ J 77 -nevra- v KOI TrevTa/cocrlwv Spax/jLwv, avv TOO ftj' o(f)ei\eL 8' e^OfJirjKovra ^va^ /cat nrevre. ouj> auT?; eyevero TOU aSt/c^/Ltaro?, GO avSpes * valoC ovre yap TTJV VTrodij/cyv Trapecr^ero oi/'re ra J ijfj.e\\e Z. this into 115, on finding that the latter happened to be the total of the sums mentioned in the text. He thus makes the blunder of including the original loan of 20minae in the estimated total value of the goods which should have been put on board. Thus: ^SdvfLaa eiKcxri /J.vas =2000 dr. KeXevei r/ opria <5i|ta irapa 0eo5w/)oi; irapct, Aa.1 fKarbv deKaTrevre. Shil- leto, however, remarks that 115 minae 'seems right.' S.] Mr H. W. Lucas writes from Stonyhurst College: "Eeiske's conjecture (150 minae for 115 minae) seems to me probable; since then the amount of the goods shipped will be just double the value, as you remark, of the Scwetcr/uos x>h (s the two Tri5avei,}. Cf. Ar. Pac. 475, cmS" oi'5e y' el\KOv ov5v dpyetoL TraXcu, a'XX' rj KareytXuv ri2v TaXaLTriapov^vuv. fftiv] i.e. including the pro- visions for the crew, which should have been paid for in addition. 6(j>fi\ei\ He owes 7500 drachms to the three lenders, viz. 2000 + 4500 + 1000 = 7500 = 75 minae. T-r)v inro6-fiKr]v] It seems from p. 922, 50, that the penalty of death attached to the not producing or handing over the security. In this case, either the ship might have been made over to Chrysippus, or double the value of his loan put on board. Phormio did neither, as p. 909] IIEPI AANEIOT. 15 ' eveOer els rrjv vavv, Kekevovcrr)<$ rrjs avyypa^rjs eTrdvaytces evrldecrdai. x.ai pot A,a/3e rrjv crvyypatyrjv. 2TITPAOT. Aa/3e Srj KOL rrjv rwv irevrr]Kocrro\6ya}v djroypa- \ \ \ / (prjv Ken rets ijbctpru pt&s. AnOFPA^H. MAPTTPIAI. 'E\#(wz/ roivvv els rov ^ocnropov, evcov eTricrroXds i ' /v Trap 1 e/ioO, a? e'Sw/c' avrqi aTreveyfcelv ra> TraiBl r Trapa^ei/jid^ovTi eKet teal KOIVWVU) nvl, ypdtyas ev rfj e7rt(rro\fi TO re dpyvpiov o e&e&aveliceiv KOI rrjv viro- jv, real Trpoa-rdgas, efreiBdv rd-^icrr egatpeOfj rd acted fraudulently in not deli- vering the advices I had written to my agent there, which were, that he should keep his eye on Phormio. And at last, being unable to sell his goods, and finding it difficult to pay the eTTidaveiff/Aol (which he had bor- rowed only for the outer voyage), instead of shipping goods from the Pontus to Athens, as he was bound to do by his contract with me, he told Lampis to set out for Athens, and promised that he would follow on another ship. as eSuica] 'Which I had given him to deliver to a servant of mine who was wintering there, and a certain partner.' It might seem doubtful whether Traidl means 'son' or 'slave,' but we have ovre rov Tralda rov rj^repov ovre rbv Koivwvbv 28, Adfj.Trt.5i ruv aXXwv Traiduv TUV A/owes inf. 10. r-fjv vwoQriKriv] viz. that the security was the cargo, and therefore that a counter-cargo must be sent from the Pontus back to Athens. TTiSa.v, K.T.X.] 'As soon as all the goods on board only co- vered the value of the eTrtSa- veicrfiol. airoypa(prii>] The entry made by the collectors of the two per- cent, duties on all exports and imports. In the time of the Peloponnesian war these tolls seem to have been less ; for we read of ras iroAXas e/coroffras in Ar. Vesp. 658. [Cf., however, Boeckh, P. E. Ill v p. 321 Lewis ( = p. 429 Lamb) : 'We are not justified in assuming that this hundredth was an im- port duty, which was levied at a particular period in place of the fiftieth; for we find the fiftieth mentioned both in the earlier time of Andocides (whose lease of the custom duties... falls in the first years after the anarchy), and also in the time of Demosthenes; and an alte- ration in this tax cannot be assumed without any proof.' Boeckh conjectures that the ^Karoa-TTj was a harbour duty, separate from the custom duty or irevTrjKOffTri. S.] 8, 9. Arrived at the Bos- porus (Panticapaeum) he again 16 XXXIV. IIPO2 4>OPMinNA [ 9, 10 , egerd^eiv KOL 7rapatco\ov@eiv, rat /j,ev eVi- OVK aTToSlScocriv OVTOS, a? e'X,a/3e Trap e/j,ov, 'iva fj-TjSev elSelr/a-av u>v eTrparrev ovros, Kara\a/3wv S' ev rat BocTTropw fAo%6ripd rd irpdyfjiaTa St,d rov av/ji- /Sdvra iroXefjiov ru> Haipiopri(Dv u>v tf els dyopdv ye TO. ffKevtj . ovffav. Kennedy's rendering 'to inspect' does not fully give the sense. KaraXapuv] ' Finding business in the Bosporus bad, through the war that had broken out between Paerisades and the Scy- thian (king), and great difficulty in selling the goods he had brought.' Paerisades is men- tioned inf. 36 as an ally and friend of Athens. He is identi- cal with a king of that name who is said by Diodorus Siculus (xvi ch. 52 fin.) to have reign- ed in Pontus Ol. 107. 4 (B.C. 349); S./JM 5e rot/rots irp&no- fjLevoLt ev T<> Ylovraj STra/jra/cos 6 TOV HOVTOV /3a<7i\ei)s eTf\evTij- crev apas err] irevre, rriv d' r;ye- /j.oviav dia.5e%dfj.evos 6 o6eX^>6s riapra.5r;j f^acri\evffev eTi) rpid- KOVTO. OKTU. Again, in lib. xx ch. 22 and 24 we have mention of IlapwaS^s as /SatriXefo TOV K.i/j./j.epi,Kov BocrTropOD, B.C. 310, and of a grandson of the same name, 6 irais 6 Sarvpov Ilapi;- cra57;s. Strabo (vn 4 4) speaks of Leuco, Satyrus, and Paeri- sades as fj.6va.pxoi of Pantica- paeum, and says the last had divine honours paid to him. He mentions a IlaiptcraSTjj d i/ora- TOS who gave up his kingdom to Mithridates. The Paerisades of the text is different from the Paerisades, or Bypia-dfys (Or. 23, contr. Aristoc. p. 623, 8 10), who succeeded Cotys, king of Thrace, B.C. 358. Like many eastern appellatives, the word perhaps was not so much a proper name as a title of dignity. [Paerisades, king of Bosporus (B.C. 348310), is the Birisides of Dinarchus in Dem. 43 (com- pare infr. 36 n.), but is diffe- rent from Berisades, king of Thrace, who, as may be seen from Dem. Aristocr. 10, was already dead in B.C. 352. Pen- rose has apparently confounded them. For the king of Thrace, cf. Strabo vn fragm. 48, J 05pv- aas de Ka\ov avSpes 'A.0rjvaiot, ovros 10 1 /cat ^Keivov Z. and Lampis. Kal yap, i.e. they also, besides the other de- mands on him to ship a cargo for Athens. 9. TO, dyopdff/j.aTa] The goods bought with, or as a set-off to, my money. Hesych. dyopao-- /j.aTa' uvia. Cf. 33. OTI OVK dv dvvaiTo, /c.r.X.] His actual words would be, otf/c av 5waifjir)v, /JLTJ dtaTiO^/JLevos ra (pop- Tla. TOV puwov] 'the trash,' 'the common wares.' Vilia scruta, Hor. Epist. i 7, 65. Aeschylus fragm. Qpvyes (242 Bind.) vav- BaTTjv (popTfjyov ocrrts pwirov a- yei xfovos. [Strabo vni p. 376 says of Aegina: 'E/j.ir6piov yap yevtadai Sia rr\v XvirpoTrjTa r^s yotivTWV ffJLTTOplKUS, 0,0' 0V TOV puwov Aiyivalav e/ATroKyv \tye- Bo //.era TOJV tiXXwv Traibwv n Ai'coi/o9, aTTQjXecre Be 7r\eov 77 Tptd/covra crca^ara COV d'\\(i)v. TTO\\OV Be Trevdous ev ra> , opfj,La>va Travre? rovrovl on ovre crvvavr/'%8'rj m ' Optime Dindorfius restituit' Cobet, Nov. Lect. 582. /care- XetTrero Z cum S. " TOV Z cum 2. ] Cf. note on Or. 63 (Nicostr.) 3, di/^/iat. yeye[i.i(rtJ.fr-r)s, K.T.A.] ' The ship had already been overloaded when Lampis took on deck be- sides 1000 hides, which was the real cause of the wreck.' Hides are very heavy ; and the deck- load would so alter the centre of gravity as to make the ship very unmanageable in a heavy sea. [For the pApaai of Bos- porus, cf. Lacrit. 34 (/jLaprvp.) StpfiaTO. atyeia and Strabo xi 3, p. 493, Tapais KTICT/JM TUV TOV Boairopov XOVT<^v'E\\^vuv...ffj.- wopiov KOIVOV ri2i> re 'Affiavuv KOU. TUV Ei'pwTraiwi' vofjASuv /cat TUJV K TOV Boairopov Tr/v \iij.vt]v (Sea of Azov) ir\e6vTWV TUI> /J.v dv- dpa,TTo8a dyovTuv Kal dtpfnaTa. ...Tt2v d fffdrJTa KCU olvov . . .dvTi- <>Jv. S.] Hesychius has X^/a- fiuvc iv ffKCHpldi, T) tv TrXoiapitp- TratSwv] 'slaves.' See on 8. Lampis himself was Ao/os OIK- rns, 5. TpiaKovra of the Paris ed. of 1570 is much more plau- sible than the manuscript read- ing Tpiaicoffia (found in S and other siss), which could only be explained on the supposition that it was a slave-ship, bring- ing Qpaices or 2/o;0v aXXcov Kai irapd rovrov 6 avrbs \6 fyrjcriv (ZTToSeSw/ee- ii vat, TO xpva-tov (rovru) yap Trpoa-e^ere rov vovv\ rrpoa- \,66vrov Trapayevof^evcov. MAPTTPIA. 'E-TreiS?) roivvv, w dvSpes ' 'AOrjvatoi, eTreBrjf^r/ae 12 ^opfjiiwv ovTocrl a-eauxTfjuevo^ e(f> erepas z/6W9, irpocryeiv iraph TOVTOV Z. cai Trapa rot/rov] i. e. Phormio vary in the forms irpboivro, irpo- was heard to congratulate him- OLVTO, irpoelvro and similar corn- self. With ffvvtpaive we might pounds of 'lecrQcu. supply yevtffQai, but perhaps the otire rb x/sucrtoj'] The change sense is rather ' coincided.' of subject might have been more 11. When I went to Lampis clearly expressed by oOV avrbs immediately after his arrival in TO -xpvcriov /c.r.X. Athens, he declared that PJior- rdv Trapayevo/jL^vuv] Of those mio had neither put goods on present at the interview between board the lost vessel nor given me and Lampis at Athens. him any remittance for Athens. 12, 13. And when Phormio Evidence is adduced of his state- himself arrived sometoliat later, ment to that effect. he told substantially the same SK TTJS v.] Either ' from ' or story, that is, he admitted his ' after ' the wreck. liability. Afterwards, however, Zvdoiro] Compounds of ride- there was a collusion between aQa.1, but not the simple verb, them, and he then said he had often assume this form of the paid Lampis the money at the uncontracted optative, though Bosporus. MSS commonly present the irpoa-fieiv'] Like 7?5eu/ and ty, other form tvOelTo, eTrideiro &c. this word takes the v even in Many examples of both are the first person in the middle given by Veitch, Irreg. Gk. and later Attic. The older forms Verbs, p. 636-7. MSS generally were Trp6/J,o\6yei aTrobwaew' eVet 8' dve/coivooaaTO TOI? vvv Trapovcriv avra) Kai crvv&iKovcnv, 13 ere/jo? 77877 TJV Kai ov^ 6 avros. &)9 8' ycrdofMrjv avrov Sia/cpovofjievov fie, Trpocre/r^o/zat rc5 Aa/ZTrtSt, \eycav ort ovSev Troiel TWV SiKaloav QopfJiiwv ovS' d7ro$t8ci)(Ti TO Sdveiov, teal afia ijpo/j,rjv avrov el el^eit] OTTOV ecrriv, tva TrpoaKoX.eaaifj.rji' avrov. 6 8' aKO\ovdelv p eice\evev eavTca, KOL tcaTa\a/ji/3dvo[J,ei> Trpos rot? pvpo- 14 fjirjv avTOv q . teal 6 Aa/-t7rt9, o avSpes ' A.6rjvaloi, p /iupoTrwXet'ots avrov ' Z. 1 rovrovl. Z et Bekk. st. like TfTixpri seem to be older than TTIJIV , &c. Thus Ke%Jjvr) is the first person of the pluperfect in Ar. Ach. 10. [Plato Apol. 31 E, a.v a.Tro\io\r] Elucidations of Curtius' Gk. Gr. 283. S.] oj- j'wi X^^et] viz. that he paid Lampis. - aveKOLvuxraTo, ' when he had entered into a secret understanding.' ffwdlKOVfflv] (TVvSlKOlS (MfflV, advocates for the defence. Per- haps we should read erwaSt/coC- aiv, meaning Lampis in parti- cular. Cf. 28 and 46, AayUTrtSos roO ffwadiKovvros. iraptivcu, ad- esse is often used of friends and advocates, e.g. Mid. 182. 13. 7r/)oTUI>, as the rhetoricians called it. It was not likely that Lampis would be silent. " Be- tween TEKfj-r/pia and et'/cdra there is strictly this difference: the former are the evidentiary facts, the latter the results which are obtained by combining such facts together and reasoning upon them." Kennedy, Append, vi to Vol. rv of Demosth. p. 369. So Or. 30 10, 5^X0*- 5e Kai e/c 6(f>fi\fiv e'i\ovro. p. 912] EIEPI AANEIOT. 21 /not ovoaftov eToX/u-ijcrev elrrelv &J9 d,7rel\r)(f)6 jrapd TOVTOV TO %pvcrlov, 01)0 o et/co? fjv i7re, " XpvcwrTre, fjuaivei' rl TOVTOV 7rpoa-fca\i ; e'/iot , in the latter, of X^w. 97100, ed. 3. S.] Translate, 'Not only did Lam- 15. irapexeiv] To have brought pis not utter a word, but not him forward at the time, viz. as even Phormio himself thought a ground for withdrawing the fit to say he had paid it, though summons. Lampis was actually standing 16, 17. Another proof of by, to whom he now says he Phormio' s falsehood is, that in paid the money. ' Cf. Or. 56 30. moving for a demurrer to a suit ei'/cos TJV] Lit. ' it was reason- I brought against him last year, able for him to have said.' he never pleaded payment. And Hence in such expressions as yet the sole ground of my action dlxaiov yv, ex.p^v, &c., the Greeks was the report of Lampis that never use ai>, as some might he had not paid, or put any expect, deceived by the differ- goods on board. 22 XXXIV. IIPO2 <=; /naivo- /jievov ware roiovro u ypd(f>eiv eyK\ijfj,a 6/j,o\oyovi'TO$ TOV Aa/iTTiSo? aTreCKrifyevai TO %pv ev rfj 7rapaypa(f)fj ypdifrac &5? aTroSeowKacri Adfj,7Ti8t, TO xpvcriov. tcai fj,oi Xa/3e ravTrjv TTJV irapa- ypa^r/v. 'A/couere, T)v Sidovat] A notable synonym of irapaypa.- OVK eTo\/j.r)ffai>] This would have been the ordinary defence in a evBvSiKia, and was not a true ground for a Trapaypa fjuaprvpiav irap avToov TOVTWV OPMinNA [ 1922 'AOrjvaiot, 6i SiaiTijTr) aicivSvvws Kal dvatcr^yvTa)^ fAaprvpovcriv o TI av /3ov\(ovrai. 20 dyavaKTOvvTOS 8e /nou y Kal cr^eTXta^oz'TO?, w dv8pev e dp^f)? TrpocreX- dovrwv avro) fj,eff rffjioijv, ore ovre TO %pvcriov ecf)rj dTri\rj as distinct from iraptxu, always contemplates the person from whom a thing comes, not to whom it is given. It is sub- jective, while the active is ob- jective. Thus, 670; Trap^xo/aat dpeTrjv, 'I show or exhibit vir- tue,' but Trapped aoi xpij/nara, &C. ' Producing witnesses ' implies that it was for the object and interest of the party producing them. /card. Kparos] luculenter et in- victe (Iteiske). Being convicted, in a way that he could not evade, of telling falsehoods. [/cara KpaTos is probably not found elsewhere with ff\tyxr6a.i, which is usually coupled with adverbs such as 7repi/3oijrws or (more commonly) (pavepus. S.] 'a fellow without principle,' i. e. preferring ictpdos to TO diKaiov. rrpos TOVTOV] There is some difficulty in this, first, as to taking it with u>/j.o\6yei or with elpTjKfrai., secondly, as to the person meant. It can hardly mean, as G. H. Schaefer, Voemel and Kennedy take it, the arbi- trator Theodotus ; it may mean Phormio, the defendant, if con- strued with elprjK^vai, but then we must assume that Phormio was also present at the inter- view, which is not stated in 11. Or, possibly, if the SfVTepo\oyla, or second partner's speech, com- mences at 21, Trpos TOVTOV may mean the other partner. The sense would then be, ' Lampis admitted he had told my part- ner here (anonymous) that Phor- mio had not paid him.' But p. 913] IIEPI AANEIOT. 25 76 eVro9 o3i> eiirelv avTov. /cat /AOL dvdyvwdt, TavTrjv Trjv p^aprvpiav. MAPTTPIA. 'A.KOvcra dvSpes ' A.0rjvaioi, 6 21 (*)eooT09 7roX,X,a/ct9, /cat vof^iaa^ TOV fiapTvpelv, OVK aTreyvco T^9 St/CT;?, aXX et9 TO SiKacrTr/piov' KaTayvwvai fjt,ev yap OVK eftov- $id TO vcrrepov euo/u,ea., aTroyvovai, e r9 iKr)OPMinNA [ 2225 Sto-^iX/aei eyyelwv TOKCOV. rjaav Se ol eyyeioi TOKOI, 6 Se Ky^i/c^fo? eSvvaro eet KOI o/CTca Spa%/j,dydp e/carov Kal 6 e'lfcocri (Trarrjpwv yiyvovrat, Tpicr^iXtai rpiaKocriai, etfr/Kovra, 6 Be TO/CO? d 6eKTO<> f rwv Tpidtcovra /jiVtov /cat rpiwv /cal e^rjKovra, irev- TdKoa-iai Spa^fjial KOI e^rjKovra' TO Se crv/ATrav /ce TOV \aiov tSvvaro ^/cet] This shows that the value of money differed, as with us, in different places. [Cf . Xenoph. de Vectig. in 2, /cat ol dpyupiov ^dyovres (K rCiv 'A07;- vwv) Ka\rji> e/jLTTopiav ^d^ovffiv. STTOV yap dv Tru\t2criv avro irav- raxov rov dpxaiov \afj.{3dvov(n. K. F. Hermann, Griech. Privat- alterthiimer, 47, 17 = p. 451 ed. Bliimner. S.] 24. roaov Kal roaov] ' Comes to so much, namely thirty-nine minas twenty drachms, which he does not here specify, be- cause it is mentioned immedi- ately after.' Penrose. Kennedy translates, ' and the whole sum is the amount of the two ; ' which is the literal sense. [Cf. Or. 57 29, Zr-r\ rocra Kal roaoc Hesych. rj rocravra. S.] 25. dvrl StuxtX^wj', K.T.X.] In- stead of the sum he really owed. rptaKovra /c.r.X. , the sum he pretended to have paid in staters, not including the inter- est. (He here expresses it not as 33 minae, but as 30 minae 300 drachmae, &c.) 28 XXXIV. HP02 3>OPMinNA [ 2528 tcai TpLaKocrias teal e^rjtcovra arrorivetv Trpoei- Xer' av, KOI TOKOV TrevraKocria*; Spa^^as KOI e%r)- tcovra Saveicrd/jievos, a? fjirj Trapovri ov p,uvov rdp^ala Ta, Savfiffd/jLevos a tprjffLV Z. Z. ] ' As having bor- rowed it at the interest on land, ' i. e. the TOKOS was added because he had to borrow it. T/Mcrx'Mas (vvaKofftas efrcocn] It will be observed that the interest (560 dr.) on the sum bor- rowed in the Bosporus, though really due to the lender, is here unfairly reckoned with the a- mount paid to Lampis as agent of Chrysippus. See A. Schaefer, Dem. u. s. Zeit, in 2. 306. S.] ti-ov 5' avry, K.T.\. ] 'And when he might have paid the money back at Athens after the double voyage, are we to believe that he paid it in the Bosporus (i.e. as erepoVXous), and too much by 13 minae?' For he said he had paid 3920 instead of 2600, which is too much by 1320; or 13 minae 20 dr. In the reckoning by a round sum, he omits the 20 dr. See on Or. 37 50. For irMov rpiffl, ' more by three,' compare Thuc. I 36 fin., ere irpos ai)roi)s TrXe/oicrt vavffi TOIS rj/Afrtpais dyw- vi^ff6at, i. e. ' with a fleet the larger by the accession of our (the Corcyrean) ships.' (Arnold here wrongly reads u/^er^pats, and Shilleto renders it ' with a larger navy even ours).' [If Phormio's loan of 1000 dr. from Lampis ( 6 fin.) was at the same interest as the 2000 dr. from Chrysippus ( 23 init. ) he would owe Lampis exactly 1300 dr. or 13 minae. It is therefore open to Phormio to reply that the alleged overpayment included the sum due to the skipper him- self. S.] 26. Another improbability. You found it difficult to pay the loan on the outer voyage only; and yet you pretend to have paid before the full time, and when there was no pressure on you for payment, the principal and the interest, and the penalty besides, when you were not bound to pay that at all. irpoffrjdpevov] Who kept close to you, and watched your pro- ceedings. Cf. Lacrit. 29, TOV- TOIS TTpOff7J/J.fV Kal 0./J.' 'cr?79 ; KaKeivovs fjuev OVK eSeStei?, ol$ al crvyypaQal 27 ev BocrTropft) rr}^ irpd^LV eSlSocrav rov Saveiov' rovrov Be povrleiv, ov e' dpxfa* evOvs rfSi/ceis OVK rd ^prjf^ar' et9 Tfjp vavv Kara rrjv crvyypa- ; Kai vvv pev els TO e/ATropiov iJKCov, ov TO crvfj>/36\ai,ov eyevero, OVK OKvels aTrocrrepelv rov Savelaavra' ev BOCTTTO/OW Be TrXe/tw rwv BiKalotv ^>^9 Troteiv, ovoiKrjv OVK e/u,eX\69 Swcreiv, Kai ol puev a\\oi 28 J + COS OTL 7X/CTXPWS Kal yttoXtS TTttpO, TOVTOV. The sense is, ' it was more likely that you would have been afraid of them, than that you would have had such spe- cial care for Chrysippus, whom you had wronged before you left the harbour.' trpcgiv, the right to enforce payment, by seizing your goods. Kal vvv K.r.X.] Further argu- ments K r(av eiKOTuv. ' At Athens, where the compact was made (and therefore where you can be sued at law), you don't scruple to defraud the lender, while in the Bosporus, where you were not likely to be sued, you pretend to have paid more than was due.' There is an as- sumption here of fraudulent in- tention in OVK oKveis airoaTepeiv, which is hardly fair. 28. Kal ol pv aXXot] ' Most people, who borrow for the out- ward voyage, on leaving their places of business, take care to have plenty of witnesses present, and call on them to attest that the lender is risking his money on the voyage just going to commence (^5??). And yet you rely (lit. lean) on a single wit- ness, and that too one who has taken part in the wrong (Lam- pis) ; you did not make my slave nor my partner witnesses 30 XXXIV. EPOS 3>OPMinNA [ 2831 l TO, erepo7r\oa k Savei^o/jievot, orav drcocrreX- K rWV efATTOplCOV, 7TOXA,OU9 TTCtplcrTaVTai, 7Tt- /j,aprvp6f*,evoi on rd %pr/fjbara 17877 KivBvveverai, TO> r\ / \^5f\l / m ' 5 oaveifravri' crvvaSiKovvri, Kal ovre rov 7ral8a rov r)/j.erepov rrape- \a/3e e/jLTroplw, Kal TrapaKoXelv rrdvras dv6pa>7rovv fj,aprvpwv, orav 8' k a/j.oTep6ir\oa Bekk. 1824. J 5^ Bekk. 1824. m O-KTJTTTT? Z. n 7TXe?OJ' Z. of the payment in the Bosporus, irpoa-fJK^ ye] Irony: 'Surely, nor deliver the letters to them when he was paying back so with which we charged you, and large a sum of money, and even in which a written order had more than he had borrowed, he been given that they were to ought to have had it talked follow you closely in whatever about on the Mart, and to' have matter you might happen to be invited all men to witness the engaged.' TOV iratda TOV i)/j.e- act, but above all the servant Tepov, called TOV TOVTOU in 29, and partner of Chrysippus ' (sup. see sup. 4. 8). iriffTo\as...eTTf6riKafi.ev] Har- 30. Continued irony :' men pocr. s.v. 7Ti0^rous eopT elvai Trepl ra av/ji/3o\.aia. (rol SOVTI TO re Bdveiov /cal rovs TOKOVS d^^orepov^, ere- po7T\6w TO> dpyvpiw Ke^prj/j,evw, Kal TrpocrTtQevri erepas rpeis teal Setca /jLvds, 770)9 ov%l TroXXoi)? r\v Trapa- \t]7TTeov pdprvpas ; KOI el TOUT' 7rpaas, ovS* av elf crov fj,d\\ov T&V TT\e6vr(ov edav^d^ero. cri) 8' dvrl 31 rov Tro/VAoi)? fjidpTvpa? TOVTCOV TTOielcrdai Travras avdpooirovs \av9dveiv eireipw, wcnrep dSitcwv Tt. Kal el fjuev epol ro3 ^aveLaavri, a7reS/5ou9, ovBev e'8et (j,ap- rrjv yap (rvyypatyrjv aveXo/jievos a7nj\\a^o av TOI>S TOKOVS a.fjioTpo\)i\ ' The interest on both voyages, though you had used the money only for the outer voyage,' and so might have employed it in some other investment till your return to Athens. Ko.1 el TOUT' K.T.X.] ' And, if you had acted so,' viz. had se- cured many witnesses, ' no one of the trading merchants would have been more looked up to (for honesty) than you.' The indefinite TrXeti' and ol irXtovres for ' trading ' and ' traders ' is to be noticed. So Ar. Pax 341, tfSi] 7ap t&ffTcu rod' vfuv ir\e?v, /j-frew, ofaoi KadevSeiv. Plat. Gorg. p. 467 D, ol irMovrts re Kal TOV d\\ov xp?7/ua.ri(r/xoj> Xp^artfo/uej'ot. Dem. Or. 37 54, Sens Se etpyaffTai fj.ev uff- irep eyu TT\ Se, K.T.X.] 'Whereas you, instead of making many persons witnesses of these acts, did all you could to escape ob- servation ! One would almost think you were doing something dishonest.' The satire is very keen, and must have been ef- fective as an answer to Phor- mio's pretences. ' To me in person, ' not to an agent, and for me. In that case, he says, you would have got the bond cancelled, and so have been rid of the liability at once. 'But, paying as you say you did, to an a- gent, at a distance, when the contract was with me and not with Lampis, and when the risk of a voyage was at hand, it seems that you never asked any one to be your witness; either slave or free.' It does not appear from all this that a witness of the payment to an agent was legally necessary. A receipt of some kind would have been enough, probably. But Phormio appears to have thought that his bare assertion would be accepted by the court. dve\6/j.evos] Lit. 'taking up (or 'getting back,' Mr Mayor p. 242) the bond deposited a- gainst you.' Kennedy trans- lates, 'you would have taken up the agreement and got rid of the obligation. The active in the sense of 'destroying,' 'cancelling,' occurs in 33, Kal TOUT' dvjipijKuis avros. In Or. 48 46, we read 32 XXXIV. HPO2 4>OPMIONA [ 3133 rov o~vfj,@o\alov' vvv S' OVK e/zol, aXX' erepa> virep e/u,ov aTToBiBoixf, KOI OVK ' A.dr/vr) vavK\r)pw 6Ke\evev ctTroSovvai TO fjidprvpas Be rot OVK Ka>\ve 7rapaKa\elv, ovoe eTrtcrToXa? aTTOoovvai. Kal ot8e pev Trpos ere ovo o~v fj.apTvp(j}i> rots ffvyypa,(pas aveiXo- /j.eOa. 32. ry vavK\ripi{>] There seems to have been a clause in the bond to the effect that, if Phormio should be detained in the Bosporus, he should pay the money to the skipper; or, as Kennedy suggests, that he should have the option of so paying it if he did not choose to ship the goods. oi'Se] The partners here pre- sent. This is certainly obscure. The speech commences in the plural, diKaia de7)ds is obscure. Penrose thinks it only means that two copies were made. It is evidently spoken of as an additional security; and per- haps it means that each of the principal partners had his own bond against Phormio. us av, K.r.X.] Supply dpdvaiev. So Mid. p. 519 14, /cat 66pvpov Kal Kp6rov TOIOVTOV u>s av eirai- vouvres re Kal ffwriffOevres eiroiri- crare. Thuc. i 33, cl>s aV /ua- \iffra fj,er deLfj-vqcr-rov fj-aprvpiov and Karadrjade are mistakes re- sulting from ignorance of the idiom). j fj.6vos /j.6v BocrTrow >9 JM TO, P The Zurich editors (and A. Schaefer) here mark another break. ' Post hanc paragraphum Chrysippum (cf. 35, 4 2/j.t) denuo loqui videri notavimus.' fffjiiKpov etirarw /AOVOV (v. Journ. of Class, and Sacred Philol. vol. 4, p. 310). S.] /cara 5, /c.r.X.] You take excep- tion to, or do not admit, this clause, viz. ordering you to ship the goods, and yet found an objection to my claims on the phrase crudeLa-^s T^S J'ews, though you have yourself made the phrase null and void by not shipping the goods from the Bosporus. Of course, the ex- emption from payment in the event of a wreck depended sole- ly, in equity, on the heavy loss of the borrower's goods. OTTOTC yap, /c.r.X.] Dum dicis, &c. A conditional and idiom- atic use of OTrore, when time is not considered, but simply the allegation of a fact. (Some examples are given in the note on Aesch. Suppl. 1030.) So 34 XXXIV IIP02 OOPMIUNA 3336 et9 Trjv vavv, d\\d TO j^pvaiov T&> vav/cXrjpa) diroSovvai, TI CTI Trepl TT) e^iropiu) eTriBrj/jbovvTWV KaTa TOV avTOV j^povov, TijvtKavTa //,6Ta/3aXXo/u,eyo9 avvlcrTaTai TOV Aayu-vrtSo? Kal (prjalv eVetVft) TO ^pvalov di 35 Kevai, e(f)6Siov jjuev \af3yovfj,evo<; S' ?7/ia9 einropws ee~\,e6oiov~\ A support to his plea; ffKrj^iv, Trpo6oiav eavry eh TOV ayuva TO eKeivys ovofta Trapa- (ppb)V. ^.J 35. OVK av Tjyovnevos] i.e. OTL OVK av, &c. , 'thinking that we (here at Athens) would not find it easy to get to the truth re- specting transactions that had passed between themselves a- lone.' Like ov (f>T)fJ.l, ov SOKW &c., ovx riyov/j.cu means ' I think not,' and the av follows the 01 K by the usual attraction, though its force is exerted on eeX^7|at. ocra Trpd^eiav, quae ipsi inter se fecissent. is used inf. 45. Or. 41 25 (7T/30S STTOuS.), OTTOTC jdp Kal vo/tous ^x w Trap4xf ZTI \6ywv ; Compare also Or. 56 13, and oTr-rjvL- Ka in Mid. p. 527, 42. Xen. Conviv. II 12 ovroi rovs ye 6ew/J^vovs rdde avriX^eiv ?rt oto/aat a ov'xJL /cat ^ avSpeia 5t- SaKTov, oTrdre aur?? Kalirep yvvrj ovcra OVTU ro\/j.T)pr) ifrai. 34. TO ftv irpuTov] 'The contract ordered him to put the goods on board, which he did once pretend to have done, only, knowing that he was sure to be detected, he changed his story and pretended that he paid the amount to Lampis in gold.' Penrose. 'he thought to rely on,' 'he had recourse to.' f\\i/ji.evicrTcus] 'The harbour- masters,' who had to see that no vessel cleared out without paying duty. Cf . 7. /j.eTaj3a\\6/j.et>os, /c.r.X.] 'Then p. 917] I1EPI AANEIOT. 35 Trpo? avTOvs avTol Trpdgeiav. Kal 6 Aa/u,7rt9, ocra /j,ev etTre 7T/3O9 e/tte irplv inro TOVTOV Sta(f)6apfjvai, OVK wv avTOV ij(riv elirelv' eireiSr) Se TO -^pvcrtov e^eplcraro, TOT' S eWo9 elvai (j>r)(riv avrov teal Et fj,ev ovv, a> dvSpes Siicao-Tal, e/juov JAOVOV /care- 36 s Tore Z. * Hapeiffadov Z. OVK ^T-OS uv] See 20 and importation of the corn of the viroO. 1. 28 n. Euxine by exempting from tolls ep-eplaaro] See 18. /J.VTJ- all vessels bound for Athens, /jLovetifLv, like the convenient and by giving public notice that memory of Strepsiades in Ar. they should be freighted before Nub. 485, ^d? 5' 6 'A0i^- vafe a,r\eiav deSwK^vat, Kal Krj- ptiTTew irp&rovs yefufeffOai TOVS ws Tj/j.as Tr\tovras.) Leucon after reigning from 393 to 353 B.C. was succeeded by his son Spar- tacus, who after a short reign was succeeded in 348 B.C. by his son Paerisades who in the present passage is described as granting a privilege to the Athe- nian corn-trade (dreXT? rbv fflrov e^dyeiv) similar to that which had been granted by his grand- father Leucon. It appears that, by a proposal of Demosthenes, a bronze statue was set up in his honour in the market-place of Athens (Deinarchus i 43 p. 95). His reign ended in 310 B.C. S.] Uatpurddov] See 8 n. emSr]/j.uii>, /c.r.X.] 'Lampis happening then to be in the Bosporus, took to exporting corn, and got the remission of duty in the name of the state. 32 36. T7ie conduct of Phormio has been such that the public have been wronged as well as myself. He has fraudulently availed himself of the remission of the corn-duty to convey corn from the Pontus to Macedonia. irtirpaKTai aura; irpos Travras] The usual construction with this passive perfect (or aorist). It is a very common use with Demosthenes. yap - e^ayew] In the speech against the law of Leptines for abolishing dr^Xeia, or exemption from taxes and burdensome duties in re- ward for important services to the state, Demosthenes dwells at length on the benefits con- ferred on Athens by Leucon king of Bosporus, who had him- self received this drAeta with the citizenship, and had sig- nally assisted the Athenian 36 XXXIY. HPO2 OOPMinNA [ 3638 o a/u,7Ti9 ea/e TI> eaycoyrjv rov arrov teat rrjv are\iav e'vrt r&> T^? TrdXeco? 6v6/j,ari, ye/Auras Be vavv /jLeyaXrjv orirov eKo^icrev els "A/cavdov ndicel 918 Biedero TrpoarKoivwvrjcra.s TOVTM dfro TWV ^/jueTeptav 37 xpr]/j,dTa)v. Kal rav-r eTrpa^ev, w av8pe<$ StKaaral, oifcaiv fjt,ev 'Adrjvr/criv, ovcrrjs 8' avry yvvaifcos evddSe /cal 7rai8o)v, ra>v 8e VO/ACOV ra ea^ara eiririfu ffei/coTfav, el Tts oiicwv ' Adrjvrja'iv a'XXocre TTOI U . InLept.p. 466 31 the orator remarks that Athens depended more than any other state on its importation of corn, TrXeiorcf) T&V irdvTUv avdpdnruv 7)fj,els eTretcra/cTCj airy xpa>,u.e0a. 37. Further aggravations of the offence. He, Lampis, was an Athenian citizen, and the time was one of special scarcity, so that every cargo that could be had, was wanted at Athens. over?)*, K.T.X.] The definition of an dcrr6s seems to be the having an olicos (i.e. not merely an oiKla, but a family) resident in Attica. Perhaps, however, the mere residence was pressed by the law, olK&v 'Afrfinjcrw, since of course a citizen did not cease to be so by residing elsewhere for a time. ruv vdfjuav tfj.ir6piov] Cf. Or. 35 50, Lycurgus adv. Leo- cratem 27, ol v/j,trepoi VO/JLOI rots ecrxdraj ri/jLupias opifrovcriv, edv TIS 'Adijvaiwv a\\off Trot CTITTJ- 7770-77 rj ws v/j.as, cf. Or. 58 12 irXetiffavTa SiKaiws ol TrpocrrJKej', and 56 6. S.] Sie fj-erpovvro] ' Were having measured out to them their barley-meal in the Odeum, while those in the Peiraeus (a drj/j.os, contrasted with TO darv) were getting their loaves by penny- worths at a time in the arsenal and at the long warehouse, and having their barley-meal doled out to them at a gallon a-piece, and nearly trampled to death in the crush.' A curious pic- ture of corn at famine price. [Arnold Schaefer places this time of high prices in the pe- riod between 330 and 326 B.C. when Demosthenes was ffiTibvys. Dem. u. s. Zeit in p. 268271, in 2, p. 300, 339. Cf. Blass, Alt. Ber., m 516. 8.] p. 918] HEPI AANEIOT. 37 rpovvro rd d\(f)tra ev T&5 &5Set, ot 8' ev ru> Tleipatei ev TO) vea>pia> e\dfji(3avov v /car' o/3o~\.ov -7-01)9 dprovs Kal eVt T?7, A,a/3e poi njv re paprvpiav Kal rov vopov. MAPTTPIA. NOMO2. <>opfj,LU>v roivvv rouro) ^pto/Aevos Koivwvu) Kal 38 fjidprvpt, o'ierai Seiv aTroareprjo-at, rd ^prjfiad^ rj^d^, 01 ye (Tirrjyovvres SiarereXeKapev elf ro v/jierepov ejATTOpiov, Kal rpiwv 17877 Kaipoov Karei\rj(f)6ra>v rrjv rr6\iv ev ot? u/u-et? TOI)? ov Z cum S. e\a/a/3avoi'Bekker. w trroas TO. d\iTa, Z. ev ry ySet'y] The Odeum [of Pericles] was a music school or minor theatre, lying just to the east of the great theatre under the Acropolis, and some- times (Ar. Vesp. 1109) used as a law court, and the present passage shows that it was made generally useful. [Or. 59 52 \axovTos diKTjv ffLrov els tpdeiov and Pollux vm 33. Of. Bekker's Anecd. 317 $5eiov 6ta.Tpov'AOrj- vrfffiv, 5 irewol-qKe TLfpiK\rjs ei's rb Tn,deiKvv(T6ai TOVS fj,oviTa SLefj-erpeiro e/ce?. S.] The jua/cpa aroa seems to have been a cornstore. It is men- tioned in Ar. Ach. 548, as in a state of activity during prepa- ration for war, iro7rwXis or meal-bazaar. See Thuc. vm 90 6, and cf. Pausan. i 1 3 (of the Peiraeus) lort 5 TTJS crroas TT;J yuaKpas tvda KaOtffrijKev ayopa rots e-rrl 0a\dff- diro\e\etn(j.e()a] 'We have been defaulters in none of these.' 'AX^avdpos 7rap?;et] On the murder of his father Philip, Alexander ascended the throne at the early age of 20, and one of his first expeditions was a- gainst Thebes, which had taken an active part against him, but submitted on his approach. The meaning of the phrase probably is 'entered Thebes.' It is hard to see how it means ' advanced against,' which is the ordinary rendering. Mr Mayor (p. 243) gives the literal sense 'was marching along to Thebes,' and Shilleto renders oik Svean jrapeXQeiv in De Fals. Leg. p. 367 fin., 'it is not in his power to accomplish the pass,' and just before TrapfjXdfv, 'marched through,' 'marched up near the place.' It sim- ply means, 'entered Phocis.' Xen. Conviv. i 7, ol 5e Kal Xovad/j,evoi iraprjXflov, i.e. came in, or came forward to join the rest in the house. Com- pare the use of irapfXffe'iv, Or. 39 16, Thuc. i 63, and so we have &rw Trdpei/ju in Eur. Hel. 451. The date of this event, B.C. 335, is three years before this speech, which is one of the later ones. [The allusion to the period of scarcity (B.C. 330326) in 37 makes it probable that the speech was not delivered until B.C. 329 or even later. I. Hermann, Einleit. Bemerk. zu Dem. paragr. Eeden. S.] The a free gift or 'benevolence' made by a rich citizen through 0iXo- TL/jiia, or public spirit, at any time of urgent need. We can hardly say how far these pre- sents were really voluntary. Considering the burden of the \eiTovpyiai, we may wonder at so disinterested a patriotism if there were no ulterior motives. [Boeckh, P. E. iv xvii p. 758 Lamb. Theophr. Char. 6 (23) ev rrj ffiTo5elq,.../j.evov. Sifj.Tpr](rafjLfv] ' We measured it out to you at the average, or usual market-price.' This, Mr Penrose remarks, is at the rate of about a guinea a quarter, (less than half our average current prices. Notice the active as dis- tinct from the middle 5to/ote- rpficrOai.) p. 919] I1EPI AANEIOT. 39 Trap 1 vfjuv Trevre Ka ravra Travres tcrre ev ra> jrepvcn S' et? rrfv Gnwviav rrjv virep rov BTJ/AOV rd- \avrov V/MV eTreBaiKa/jLev eyw re teal 6 dBe\d)6s. Kai /jiot ava^vwQi TOVTCOV ra? (jbaprvpias. MAPTTPIAI. 'AXXa /jir)v ei ye Bel Kal TOVTOIS re/c/jialpecrdai, OVK 40 fv eTTiBiBovai jj,ev Ty/za? rocraOra xpij/j,aTa, iva , crvKotyavrelv Be ^op^iwva, 'iva Kal vr)v V7rdp%ova-av eTTieiKetav aTro/SaXw/tte^. At/caitw? dv ovv /3or)6rfcratT rjpfiv, a> avBpes 8t- Katrrai' e7reBeia >ydp vfjuv OVT* e'^ ap%^9 TCL fyopria TOVTOV et? rrjv vavv dirdvraiv wv eBa- 40. ' If o ur characters may be tested by such proofs, we were not likely to spend so much money for the sake of gaining credit, and then to bring an un- just action against Phormio for the mere purpose of losing that credit.' Again we have the favourite rhetorical argument from the elKora of the case. See Plat. Phaedr. p. 266 fin., and 273 B. eirieliceiav] Our character for respectability. The ./cai here means, '(not only not gain, but) lose even what we had.' aTrdvruv ] The hall [near the Dipylum] in which the sacred vessels, dresses, &c. were kept for the use of the Panathenaic procession. [Leake, Athens, i p. 108 n., Boeckh, Public Eco- nomy, i 121 trans. Lamb, Wordsworth's A thens and Attica xxn p. 145 ed. 1855. S.] In Androt. p. 615 61, the vessels and furniture themselves are called TO, irofMTTfla. fore, 'you remember.' Trtpvo-i] probably 327 B.C. The evidence of inscriptions connected with the Athenian navy proves that these contri- butions for the purchase of corn were made shortly before 326 (Seeurkunden xiii c 1 ff. re- ferred to by Blass, Att. Ber. m 516). S.] ffiTwviav] The purchase of corn undertaken by the state in behalf of the people. a'SeX06s] Probably to be iden- tified with the partner of Chry- sippus. Blass, Att. Ber. m 517. S.] 40 XXXIY. IIPO2 OPMinNA 4043 veiaaro 'A.&ijvi}$ev t rwv T' ev Bo<77ropft> irpaOevrwv TOZ)? TO. erepo7r\oa Bavelcravras f^6\i Aa/tTTtSt, ovre rov TraiSa 7rapa\a/36vra rov e^bv ovre rov KOL- vcovov eTTiSijfAovvTa ev BocrTropw. e/iol Be O.UTO? i^aprvpwv (fraiverai &5? OVK aTre/X^i^e TO 42 cr/oz/, Trplv VTTO TOVTOV SicKpdapfjvai. KaiTOi el ev e/caarov ovrw? eSelicvve Qoppiwv, OVK otS' OT av aXXl\r), and to show that the suit can be and ought to be brought on. He seems to say that Phormio need not have moved for the rule, nor objected to the trial, if his case for the defence had been equally good. o i>6fj.os avros] The law itself is explicit, and no judge need give an opinion. [diafj-apTvpeTat, lit. 'protests solemnly' (cf. 06- testari), here, by a rare meta- phor, applied to 'the law.' S.] p. 920] IIEPI AANEIOT. 41 as St/ca? elvai ra? e/ATropiKas TWV crvfA/3o\al(av WV 'Adrjwrjcri teal elop/J,lo)v' 'AOr/vrjcriv, ovB' avTOt e^apvoi elcn, Trapa- ypdovTai TTJV 6lKrji>~\ The original meaning seems to have been, 'they have a note made on the side (or back) of the suit, not admissible.' 1 Otherwise, u>j oi>K ovffav must be taken for an accusative absolute. dfu>6vycLp,K.r.\.'] 'Foritwould be hard indeed, supposing I had been wronged in some matter relating to the voyage to Athens, that I should be able to get satisfaction from Phormio in your court ; while, now the a- greement between us has actu- ally been made in your mart, these men should say that they will not be tried before you.' He thus refers to the two pre- ceding clauses of the law TUV 'Adrivrjfft. Kal (r(at>) |j TO ' A.6-qva.ltav kfj.iropi.ov. The context seems to show, that either of these two conditions justifies a diKTj efjLTTopiKr) being brought. He puts the case thus: a bargain made in Athens is more under the direct cognisance and pro- tection of the jury than one for Athens, i.e. for trading to it. Kf\ei!>(i)v rots 5kas elvai, K.T.\. ] Possibly we should read /ceXetfwj' 'AO-rivr/cri ras 8iKas flvai K.T.\. The Ionic dative in -770-4 is a remnant, perhaps, of an old Solonian law. If the text is right, it seems that we must supply fiffayopfji,ia>vo<>, eTreiSrj Se TO crvp,- f36\aiov ev ru> vfjierepw ^fffiropitp yeyove, fjir) da-tcetv 44 Trap' vpiv TQVTOVS v, eirei^r) Be 49 TO 'A.0rjvalt0V SiKacrTijpiov elcrep^of^eOa, f^rjKer^ 45 elaaywyifjiov Trjv BIKTJV elvai. evdvfiovfj,ai 8' eywye rl av 7TOT6 et9 Trjv 7rapat](ri, TaXrjdrj fjbaprvpelv av eya) S' OVK e%&) ri ^pr](ru>fjiat rot? TOVTOV fjudpTvaiv, 01 921 I> if/evSo- /jLaprvpLuv, IT/KOTOS yap eTrotr/- ' vvv S' ovre fjiapTvpiav ravrrjv e^, ovrocri re o'lerai Selv dQa>odois 6 s vpbs 6t TOI)S tj- infftm s elKocrrif) vvv Srei dlKyv i^iets. Lysias, Or. 30, Kara Nt/co/u,. 32, Seivbv d [tot BoKec elvai, ei TOVTOV ftev evbs &VTOS OVK eirexelprjffav delffOai, Vfjids d tftrriffovffiv ireideiv us, K.T.\. Id. Or. 31, /card <&i- \uvos, 31, o-j^TXtop 5' &> etij, el o6ros fiev airavras TOVS vo\i- ras irepl ovStvos riyfjcraTO, v/j.eis de TOVTOV %va 6vTa fj.ii dirodoKifj.d Ar/fj.r)- Tpd fjf OVK e\dvdavev reKTat.v6iJ.eva. TO. wpd'Yfj,aT\ eK irapaffKevrjs] As the result of a plot. 46 XXXIV. OPOS ^OPMIONA [ 4852 eK T/7a/jLvijcrdrjT &', ftl dv8pe, Kal TdVTa 7ro\iTf)v v/JieTepov 6Wa KOI Trpos TO {pov avrt^] Sup- ply ^SX^TTWJ' 1X576. 49. efy et'p^Kws] Shilleto on De Fals. Leg., Append. A, observes that the orators 'generally if not always express the perfect subjunctive and optative by the auxiliary verb and the parti- ciple.' Examples however of -77*17 and -TTVot are not wanting in the best Attic writers. TO /J.v TTpOS TOV, K.T.X.] If you accept the part of Lam- pis' evidence that makes for the defrauding party, viz. the assertion that he was paid. See SUp. 47. TO VTT^p TU>V, K.T.X., 'that part of the evidence of Lampis which tells in favour of the injured party,' viz. his first statement that he had not been paid. (J. B. Mayor.) yU775a/UWs] SC. TTKTTCOS a.KOVffr]T 50. You dicasts once sen- tenced to death a person impeach- ed by icrayye\la. Thecommonly accepted meaning of this term is, 'an impeachment before the senate or the people for all ex- traordinary crimes committed against the state, and for which there was no special law pro- vided.' In an excellent and exhaustive article on elaayyeXla in the Journal of Philology, Vol. rv p. 74112, by Dr Her- man Hager (referred to also by Mr Wayte, in a good note on Timocr. 63) , an opinion is ex- pressed (p. 94), which might have been fully proved by citing this passage, that 'an eisangelia was also applicable to offences committed against the commercial laws.' The condemnation here mentioned is one of the many proofs how little human life was valued by the Athenians when balanced against the letter of the law. There are many startling in- stances of this in the oration against Midias. See, for in- stance, 182. rbv tTndeda.veicr/dt'ov] In the medial sense. See sup. 6. ov Trapacrxovra, 7. 7raTp6s fcrrpaTTfiyrjKOTos] The Athenians had an extraordinary P. 922] IIEPI AANEIOT. 47 tfyeicrde jap TOVS TOIOVTOVS ov /x,o- 5 1 vov rovs evTvy%avovTas dSi/celv, dX\,d Kal KOLV-T) /SXaTT- Tetv TO IfATTOpiov V/AQJV, et/coTft>9 a . at yap einropiat rot? eps TrXetcrT?; a>e\eia irapa TO efiTroptov 17. ecrrat S', eay 8ia(f)v\dTTr)Te TOVS ra eavToSv Trpo'iejAevovs, Kal /U,T) d8iKei(T0at vTTo TWV TOIOVTCOV ffrjplwv. * V/JLUV. elKOTWs' Z. to sea if you judges (by your vote on this occasion) make null and void the part taken by those who make the ad- vances. Well, gentlemen, in the laws there are many excellent principles laid down in their support, and it is for you to show that you aid the laws in correcting abuses, and not that you make concessions to the dis- honest, in order that you may get as much benefit as possible from (lit. through, or along of) your market.' v/j.as, sc. ol 5i- /cafocres 5t'/cas e^TroptKas. It is reasonable to suppose that such juries would be selected from men acquainted with business. See Or. 56 16. 52. TT poCep.lv ovs] 'Who lend on risk.' Oripiuv, a strong word, used in Or. 35 8, ovStv fdei ot'ois OrjpLois Tr\T)Ol TO TT\7J60S TOIOVTOIS Orjpiois 5ov\evov, on which Mr Wayte observes, ' the word Qi\- plov is freely applied by the ora- tors in invectives. ' regard for a ffTpaT-qybs, and his character was regarded almost as ' sacrosanct.' Hence the crime of Clytemnestra is ex- aggerated in Aesch. Ag. 1605, dvSpl ffTpa.T7]y< rovS' epovXevaas /jLopov, compared with Eum. 434, 595, Soph. El. 1, cS rou crTpaTT)- yrjffavTos ev Tpoiq, wore 'Aya/u^tt- vovos irai. ibid. 694, TOV rb K\ei- vbv 'EXXaSos 'Aya.fj.<:/J.voi>os arpa.- refjU,' dyeipavros wore. Timocr. p. 742 135, 'Apxivov vl6s TOV TroXXa /cat /caXa ireiroXLTev/jL^vov Kal effTpaTTjyrjKOTos 7roXXd(cts. 51. TOI>S ffTvyxo-vovras] ' Those who have dealings with them.' Hence the later use, e.g. in Theophrastus, of frTevfiy for ' behaviour.' at evTroptai} The resources, the supplies of ready money, al acpopfAai. eviropeiv and crvvevwo- pelv (Or. 37 49) are specially used in this sense. ' The accom- modation required by traders comes not from those who bor- row, but from those who lend; and no ship, no ship-owner, no passenger-merchant can go 48 XXXIV. HPOS 3>OPMinNA. [ 52 ovv ocrctTrep olos r' tfv ecprj/ca' Ka\w 8e ical aXXoi/ Tivd ru>v HN. THE speech against Lacritus affords another example of 7rapayparj or special plea in bar of a suit. Here too, as in the preceding speech, and indeed in that next fol- lowing, the pleader for the demurrer speaks first, and Androcles, the real claimant, follows, his object being to show that this is no case for a Trapaypa^. The plaintiff had lent money on bottomry to Artemo, a merchant of Phaselis in Pamphylia. Lacritus, the defendant, also of Phaselis ( 15), was Artemo's brother, and being present at the transaction, had verbally (it seems) engaged to be responsible for the repayment. Artemo having died without discharging his debt to Androcles, Lacritus is sued, both as the inheritor of his brother's property, and as having pledged himself to see that the loan should be repaid. Lacritus was a Sophist, one of the pupils of Isocrates. The plaintiff taunts him (much in the tone and style in which Aristophanes taunts the professors of wisdom in the "Clouds,") with perverting his knowledge of right and wrong to evade the just claim now made upon him. Indeed, the prosecutor seems to rely somewhat on the P. S. D. 4 50 XXXV. EPOS THN AAKPITOT general unpopularity of Sophists for getting a verdict in his own favour ( 41). The answer of Lacritus is, that Androcles cannot show any written proof or affidavit by which he has become legally liable for his brother's debt ; and further, as he has given up the property, he is entitled to be discharged also from any debts upon it. Two parties are concerned as principals on each side, viz. : Androcles of Athens and Nausicrates of Carystus (in Euboea) as lenders, and the brothers Artemo and Apollodorus ', of Phaselis, as borrowers 2 . The conditions were, that they (the brothers) should sail with goods to Pallene (in Macedonia), take in a specified number of jars of Thracian wine, thence sail to the Bosporus (Crimea), and after selling the wine, return to Athens with a counter- cargo and so discharge the debt on the double voyage (a/toTepo7rA.ous). The usual conditions were in- serted in the contract, that the money should be paid liable only to certain drawbacks in the event of storms, wreck or leakage, capture by pirates, tfcc. And the security offered was a cargo of wine to be taken in at Pallene, the lenders having the right to take possession, on the return to Athens, of the return-cargo, until the loan should be paid. "It is stated by Androcles, the speaker, that this agreement was violated in several ways by the borrowers; 1 [That Apollodorus (as well who is apparently still alive, as Artemo) was a brother of had been a brother of L. Blass, Lacritus has been inferred from Att. Ber. in 502. S.] 15, ol a8f\$ Kcu'A7ro\\o5w/>y and 3, tween Androcles and Lacritus, 15, 36, where Artemo alone is as the custom at Athens was to described as brother of Lacritus. make contracts between parties Artemo is dead (3) ; and L. is both joint and several. See on his sole heir. This would be 34. impossible if Apollodorus also, IIAPArPA3>HN. 51 that they failed to ship the stipulated quantity of wine; that they took up a further loan upon the security given to himself and his partner; that they did not purchase a sufficient return-cargo; that, instead of entering into the regular port of Athens, they put into a creek used only by thieves or smugglers; and, when the creditors demanded their money, they and their brother Lacritus falsely represented that the vessel had been wrecked 1 ." It does not seem clear that Lacritus was legally liable. All that he appears to have done was to have gone with his brothers, as a "referee" or guarantee for their re- spectability and solvency, to the money-lenders, and to have assured them that it was "all right." Demosthenes is somewhat abusive in speaking of Lacritus, and it has been thought he had a personal dislike of or feeling of jealousy against Isocrates, the teacher of Lacritus (see 40). It is clear that the death of Artemo may have suggested to Androcles the attempt to make Lacritus personally liable, though at first he had trusted to Lacritus' character and credit, and influence with his brothers. His general abuse of the merchants of Phaselis (1) implies vexation at a loss rather than conscious justice. The special plea put in by Lacritus turned, as usual, on a denial that the action was maintainable. He simply denied all complicity, and pleaded that, having resigned his brother's property, he could not be saddled with his debts. And there seems no reason to doubt that this was a fair and just defence. Mr Penrose says "This speech is of uncertain date;" and there appears to be no safe criterion for forming any conclusion in any part of the oration. [But it may be noted (1) that Isocrates, the teacher of Lacritus, is re- 1 C. K. Kennedy. 42 52 XXXV. DPOS THN AAKPITOT II. ferred to in terms implying that he is still actively en- gaged as a teacher of Rhetoric ( 40), while Lacritus him- self is already gathering pupils around him (41). Hence the speech may belong to the later years of Isocrates, at any rate before his death in B.C. 338. (2) We have an express allusion to the prompt settlement of commercial cases during the winter months, a reform probably due to the administration of Eubulus and fully established when the speech on Halonnesus (Or. 7) was delivered, B.C. 3432. (See 46 n.). (3) The commercial rela- tions of Athens, in particular the trade with the Euxine, with the islands of the Northern Aegean and the towns of Chalcidice, remain unbroken ( 35, &c.). These con- siderations with others, stated in detail by Arnold Schaefer (Dem. und seine Zeit in 2, 290), point to the period preceding the outbreak of the last war with Philip, and make it probable that the speech may be approxi- mately placed in the year B.C. 341. Blass, Alt. Ber. in 503, prefers placing it in 351, the year after the peace between Athens and Chalcidice. S.] XXXV. IIPOZ THN AAKPITOY YIIO0E5I2. aveo-as xpipaTa pTe/i&w aarrr) TO yevos, efjbTropy, T\6vrr)cravTO<> efceivov Trplv aTroBovvat TO dpyvpiov, elcnrpdrrei TOV dSe\(f)ov avTov AdtcpiTOV TOV o-ov [ArjBev eavT(p y A.vSpoK\ea av^QoXaiov elvai /j,r)8e c 10 fJ>iav, TrdvTws Se fcal TO dvaBeoe^Bai e^apvos . made the loan to Artemo in the 10. TO civaSeS^x^at] He denies presence of Lacritus and on altogether the having given his promise to be a guarantee. security for his brother ; for, he (2) That Lacritus has succeeded adds, if he allowed that, he to his brother's property.' would not have been churlish 8. irapa.ypd(t>eTcu] See on 34 in regard to the payment in 43. full. ibid. /xrjS^f ffvfj.jSoXcuoi'] ' No 13. OVK op0o3s, /c.r.X.] ' Some transaction (or obligation) be- critics have wrongly thought this tween himself and Androcles, speech is not genuine, deceived nor any written bond.' See Or. by some obscure indications. 54 XXXV. IIPO2 THN [ARGUMENT i, dfAvSpols aTraTTjOevre^ TeKjMijpiois. TO p,ev jap 15 r?7? (ppdTiKois dyaiai, TOV Se A/a TOV avaKTa Kara TT/V TOV TrpoawTrov TOV VTTOKetpevov crvvr)6eiav 877X09 ecrrtv (avo/jLatcoof, Trpos Be rrjv Trapajpa^rjv dcrdevtcrrepov aTrrjVTijKe Sia TO TO Trovrjpov. For the laxity of the diction is not unsuited to private orations ; and the oath by Zeus as the ' King of the gods ' (see note on 40) was evidently taken in accordance with the familiar use of the character in the speech.' (Lit. 'it is clear that he has named,' i.e. the author of the speech.) [' Libanius sets no high value on the above objections; but we cannot so lightly dismiss a sus- picion that the style and ex- pression do not bear the stamp of Demosthenes (e.g. ola troi- XVpVX'QV ' 1 ' OVTOl TTfpl TO 5HN. 55 OvBev Kaivov BiaTrpdrrovrai, 01 Bpes StKacrral, aXX,' djrep eloadacrip. ovrot e/^Tropia), eireiBav Be \df3a>V eav- Ta)va7ro\a)\6Kevai,,d\\' dvrl rov aTroSovvai crcxfriafjiaTa evplcTKovcri Kal 7rapaypaacrr)\i,Ta)v rj roov aXkwv OVTOI fiev ovv roiovroi ela'iv. eyaJ B\ co 3 the composer of the speech, who (Libanius holds) is Demosthe- nes. The sense is: ' The writer, I admit, uses rather feeble ar- guments in meeting and com- bating the special plea raised on the other side ; but the weak- ness of his reasoning is ac- counted for by the badness of his case.' S.] 1, 2. The merchants of Phaselis have earned a very bad name for borrowing and for- getting their obligation to pay. There are more actions brought against them at Athens on this score than against all the other merchants put together. 2. The words ruv eavruv read like a gloss on TOW ISiwv TI. Lit. ' they think they have lost something of the private pro- perty that belonged to them- selves,' a needless tautology. Compare inf. 12, Kal K r&v rovruv aTravruv. aXXd, K.T.X.] ' (And so they do not pay at all) but instead of it devise sophisms and spe- cial pleas and other excuses, and thus show themselves the most unprincipled of men as well as the most dishonest.' &$uanvptW9\ See Or. 34 1. eKO-ffTore] On each occasion when the courts sit to try e/jnropi- Kal Si/ecu. Kennedy translates ' year after year.' See on 47. avruv] ' The Phaselites alone.' Mr Penrose thinks " we must make considerable allowance for exaggeration here." 3, 4. Statement of the case. I lent Artemo, in accord- ance with the laws of the Athe- nian mart, a sum of money for trading to Pontus and back. As he died before repaying me, I have brought the claim against his brother Lacritus as the same laws allow me to do, on the ground that he is his brother's heir and is liable for his debts. OVTOL /J.&V ofiv TOlOVTOl lfflV~\ Or. 43 (Macart.) 68, Or. 48 (Olyrnp.) 56. These parallels 56 XXXV. IIP02 THX [37 dvSpes SiKacrral, %prj/jiara Saveicras 'Apre/u-ojj't rw rov- TOV d8e\(f)a> Kara roi)? efjirropucovs vo/j,ov$ } et e't\r/- %a rrjv 8ltcr)v ravrrjv rcard TOI)? avrovs vop,ovs rovrovs 4 Ka9' ovarrep TO av/j,/36\aiov eTroirjo-d/jLrjv, d8e\(f>a) ovn rovra) eiceivov /cal e^ovrt airavra rd 'Apre / aeyz/o9, *al ocr' evdu&e /careXt7re a fcal oaa TJV avrw ev rij QaarjXiSi, Kal K\rjpov6fJ,a) ovrt rwv eiceivou aTrdvTwv, nal OVK dv e^ovros TOVTOV Sei^at, VOJJLOV oaris avrm SlSwcriv e%- ovcrLav ^eiv jjuev rd rov dSe\(j)ov /cal ^LW e'86/cei avra>, p-r/ diroSovvat e rd\\6rpia d\\d \ejeiv vvv on OVK earn K\,r)povoiJbos, d\\" a0tcr- 5 rarat TU>V eiceivov. r) /j.ev rovrovl AatcpiTov Trovrjpia eariv eyca 8' vfJLKiv Seof^ai, w dv&pes BiKacrral, aKovaal pov irepl rov TrpdjfAaTos rovrovl' KO.V ^e\ej^a) avrov dSiKOVvra ?7yua? re roz)? baveiaav- Ta? Kal u/ia? ovoev r^rrov, fiorjdelre r^uv rd 8i/caia. a KarAetTre Z. KartXenrev 2. KarAtTre Bekker. are from speeches attributed by declines to take what belonged Blass to the same author as the to him.' The actual words, present speech, Att. Ber. in 505. dia"rafj.ai rCiv eKeivov, ' I have Similar instances of inartistic nothing to do with that man's transition are found below in property,' seem quoted against 24, 35, 52. S.] him, as unbrotherly as well as 4. dSeAtfxp ovn Tovrif)] More plainly false. But see on 40 simply, OUTOS yap dde\6s re rjv 28. KOI atravra raKfivov flxf- 5. ra 5t'/ccua] 'In our rights,' fv rrj 4>a yap, do avSpes SiKacrral, ai/ro9 [lev oi)S' OTT&XT- 6 TIOVV eyvwpt^ov Toi)9 dv6pco7rovt09, KiVOV TOV ^(f)rjTTiOV, KOI MeXa- o aSeX TOVTOV aSeX0co /cat ' ATT o\\oB copy, OTTOX; av b evepyol docriv, ovSev etSa;?, w dvSpes Si/cacrTal, oi;8' 6 typao-vfjirj&rjs TT/V TOVTCOV Trovypiav, a'XX' oto/ievo9 etrat e7rtet/cet9 uvdpwTrovs /cat b #TTWS Bekker. ^ addidit Dind. ex S et Ar. introduced to me by some friends of mine. They wanted a loan for trading to the Pontus, in the joint names of Artemo and Apollodorus. My friends enter- tained 7u> doubt of their respect- ability, and Lacritus was surety for the payment ; and accord- ingly I lent them 30 minae. Ktivov TOV 2.] The words imply that Diophantus was well known, and all this is said to show that every reasonable precaution was taken by An- drocles. [The latest certain mention we find of this Dio- phantus (apparently now no longer alive) is as a witness in the speech de Falsa Legatione, B.C. 343 (p. 403 128), and in p. 436 297 he is named as a man of mark, one of those who eVt Kaipuv yey6va(TLv iyxypoi. Me- lanopus, son of Diophantus, ap- pears to have been called after his maternal uncle, the Mela- nopus who is attacked by Dem. in Or. 24, Timocr. 125130, and is described by Harpocra- tion as /o/SeoT^s AiofidvTov TOV pr/Topos. A. Schaefer, Dem. it. s. Zeit, m 2. 290. S.} In trade-transac- tions, perhaps. So in Or. 33 7, xpcijU.ei'os 5' 'H/>aK\et5]7 r<(J Tpaire^LTri Zireura avrbv baveiffau. TO. \frrnj.a.Ta \a^6vra. ep.t tyyvr}- rrjv. And ibid. 5, rot/rots rots e/c Bvfavriov /cat Trayf ot'/cetwj X/>c5yitat Sta rd evdiaTpiij/at, avroffi. OVTOI] Thrasymedes and Me- lanopus, not ot dvdpuTroi ovrot, the two brothers accompanied by Lacritus. For he goes on to say that Lacritus had some- how or other made acquaint- ance with them; and it is clearly implied that the whole affair was a swindle. 7. 6Vwj av, K.T.X.] ' That they might be engaged in a trading enterprise.' The more usual phrase is 6Vws IO-OCTCU. Accord- ing to Hermann, the addition of the av implies result rather than mere purpose. Kennedy ac- cordingly renders it 'so that they might be profitably em- ployed.' ov8' 60.] Thrasymedes did not know what rogues the de- fendants were, any more than the speaker, Androcles. did. firifiK f?s] ' Eespectable. ' 58 XXXV. I1P02 THN [710 oionrep TrpocreTTOiovvro Kal e^aaav eivai, 7roir)(reiv avrov? iravra o&aTrep VTricr^velro Kal dvebe- %ero Adtcpiros ovroai. r jr\eicrrov S' dp r/v e Kal ovSev rj&ei 01019 #77/3/01? eTrX-^cr/a^e rot? v TOVTOIS. tcdycu 7reicr6els VTTO rov QpacrvfjiTjBovs Kal rot) d8e\(j)ov avrov, Kal Aa/cpirov rovrovl dvaSe^o^evov fioi iravr ecrecrdat rd Si/caia irapd ru>v d8e\v roov ai/Tov, eSdveicra //-era evov nvos ^/^erepov KapucrTiou rpidtcovTa fj,vdV /juaprvpajv TU>V veta-pari' CTreira Trepl rwv d\\wv , ola Toi%a)pv / %r)aav ovroi Trepl TO Saveiov. rrjv (rvrjv, elra c ra 10 'Ai>Spo*X^9 l Navaucpdrr)? c 2. ^Tretra Z. d ' Syngraphen et testimonia omnia om. 2.' Bekker. omnia cancellis sepsimus.' Z. ' Nos viriffX"elTo, K.r.X.] 'All that Lacritus promised and engaged they should do.' Hesych. dt>e- Sta.TO- virtffxfro, u/j.o\6yr)ffev. 8. dp' TJV] ' It seems, how- ever, that Thrasymedes was very greatly deceived, and had no idea what monsters he was coming in the way of by his acquaintance with these fel- lows.' For e-npiois see Or. 34 52. Mr Penrose is wrong in taking eir\ri(ria.e transitively, in the sense of eTrAafe. (An instance is cited in Liddell and Scott from Xen. de Be Equest. ii 5, but w\7)(rid'eu> is there also intransitive.) eis, K. r.X.] He gives three reasons for consenting, or ra- ther perhaps four, since Nausi- cles of Carystus also thought the offer a reasonable one, and shared in making the advance. dpyvplov] ' In cash.' 9. erotxwp^X'? ' ''] ' How they acted like burglars in the matter of this loan.' A strong aud in- vidious expression, like B-qpio^ above. Cf. Or. 5-i (Conon) 37 and Or. 45 30, KaKovpyrjo-ai Kal diopv^ai Trpdyfj-ara. 10 13. The contract. Like all the laws, depositions, and (as in the Pantaenetus, Or. 37) eyKXrmara, or grounds of accu- sation, actually quoted in De- mostheues, this document is p. 926] AAKPITOT 59 926 Spa^/ia? dpimu, eTr' dpicTTepd fJt>e%pt> Ropvadevovs Kal Trdkiv 'A0q- :, eVl Siatcocriais eifcocrt, Trevre ra? ytA,ta9, e'z> Se A/ ' 'A.pKTovpov e/CTT\ev crater iv etc TOV HOVTOV ecfi '] liable to the charge of spurious- ness. All such citations are inclosed in brackets in W. Din- dorf s edition; and the language of many of them is so evi- dently post- Attic that they can- not stand the test of a rigid criticism. How they were foisted into the text we do not know ; but of the supposed quotations from the law it may plausibly be said, that, as the code of written Attic law was doubtless in existence at a late period, it was competent for any gram- marian to extract and interpo- late such portions as he con- sidered to bear on the text. [On this subject see a mono- graph by Anton Westermann: Untersuchungen iiber die in Attischen Redner eingelegten Urkunden, p. 136, Leipzig, 1850 (Abhandl. d. Lpz. Gesellschaft der Wissenschaften i). Pages 81 90 are devoted to an exa- mination of the depositions in the present speech alone. Of. A. Schaefer m B 286, 3. See also Sanppe,Philologenversamm- liuifi in Halle 1869. Blass, Alt. Ber. in 502, holds that the for- gery of the documents in the pre- sent speech would be a task far beyond the skill of a later writer. They are repeatedly quoted by Harpocration s. v. M6>57j ( 10), fftXas (13), dioTrevw (20). S.] The genuineness of the con- tract here cited does not seem to have been suspected by Boeckh, who calls it however 'a carelessly written instrument.' He has given a full analysis of it in Publ. Econ. Book i chap, xxiii p. 137 seqq. ed. Lewis 2 = p. 190 ed. Lamb. 17 ^Ktuvrjv] The alternative was given, probably in con- sideration of the state of the wind and the equal safety of the moorings. Scione (Thuc. iv 120, v 2, - ra? t?, 09 ii ev rfj eiKoaopo), fjv 'T/3\//<7io? vavK\rjpel. Be ravra, OVK 6ei\ovTe$ eTrl TOVTOIS d\\a) ovSevi ovbev dpyvpiov, ov& eTn^aveiaovrai. Kal TO, 'Xpij/AaTa rd eK rov Tlovrov e cum A et r. TrXewremu Z. 20] stormy weather was ex- pected to set in, and the sailing season, uipa, was then practi- cally at an end. So the danger of a voyage is magnified d/j., to the town so called from the temple of Zei)s Otipios, on a promontory near the entrance to the Euxine, on the Asiatic side of the Thracian Bosporus. fTTt rpta/cotr/cus (Spaxncus)] i.e. 30 per cent., the risk being greater and the voyage also longer. eirl otvov, K.T.\.] ' On security of 3000 jars (or crocks) of Mendean wine.' Cf. 35, n. Hesych. Kepd/uuov. o'ivov 17 i"5aros aranvlov. Mr Penrose says it was two-thirds of an d[j.T)s. The vessel, Mr Penrose observes, must have been of con- siderable size. 11. vTTOTiOtacri] ' They hypo- thecate these goods, not owing upon them any money to any other person, nor will they borrow anything further upon them.' Kennedy. For eiridavei- ffovrai see Or. 34 6 n. rd K, K.T.X.] ' The goods put on board in Pontus as a return cargo.' The idiom is the same as in the well-known oc CK TTO- Xew? <-vyot>, &c. ev rt# avri^ TrXoiifi. This clause is designed to forbid the use of any less sea-worthy vessel. p. 926] AAKPITOT IIAPArPAMN. 61 ev TW avrw Se TWV ^prjfjidrwv ' Kdrjva^e drro8(i)crovcrLV 01 Saveicrd- pevot, rot? SaveicracrL TO yiyvojtevov dpyvpiov Kara T)}V a~vyypa(f)r)v rj^epwv eiKocriv, dfi 779 av e\dw(Tiv rXrjv K/3o\r)<;, fjv av ol ? av aTroSwcrt TO yiyvofj-evov dpyvpiov Trjv crvi]V. edv 8e pr) dTroBajcriv ev rc3 crvyKei- 12 fjieva) xpovq), TO, V7rotcei/j,eva rot9 Savelaacriv e^eaTO) VTTodelvai ical dTroBcicrdai Trjs VTrap-^ovfrr)^ Tt/ijy?' Kal edv Ti eXXeiTrr) TOV dpyvpiov, o Set yevecrQai rot? Bavei- f A et r. irdXiv 'AS^vaj Z. v} See on Or. 37 5. 7]/j.epi2v, /c.r.X.] 'within twenty days after' (lit. 'counting from that on which ') ' they shall have returned to Athens.' It is convenient to call this a ' geni- tive of limitation of time ' (past or future), as if eWdy were in the writer's mind. eK(3o\i)s] Juctura, 'jettison,' goods lost by being thrown over- board to lighten a ship in a storm. To prevent fraud, it is specified that none can be al- lowed as a drawback, except such as the passengers have agreed to be necessary for their common safety. This partial jettison Aeschylus calls j3a\eiv ff(pfv86v7]s d?r' evfitrpov, Agam. 1010. Cf. Acts xxvii 18, 38. M. Dareste refers to the Digest xrv 2, de lege Rlwdia de iactu. (W7ra0oj'] A word properly applied to a cargo unmolested by pirates, came to mean inte- c/ram, entire and without de- duction. See on Aesch. Suppl. 309 (P.). Hesych. aveiraos- 12. uTTofleu/ctt, K.T.X.] ' To pledge or even to sell at the market value' ('for such price as can be obtained,' Kennedy). It seems here a synonym of /ca^ecrroxrTyj. Kal edv Ti, K.T.X.] 'And if there is any deficiency in the money which is due to the lenders under the agreement, it shall be lawful for the lend- ers, both or either of them, to levy the amount by execution against Artemo and Apollodorus and against all their property, whether on land or sea, where- soever they may be, in the same manner as if a judgment had been recovered against them, and they had committed de- fault in payment.' Kennedy. This clause, of course, gives absolute right of seizure of any property to one or both, so that in the event of only one debtor being dishonest, the other is liable for the whole. 62 XXXV. IIPO2 THN [ 1214 cracn Kara rrjv crvyypatfrrjv, Kara 'Apreufovos Kal ' A7ro\\oS(i)pov ecrTft) 77 irpafys rot? Savelaaa-t Kal GK TWV Tovratv aTravTWV, Kal eyyelwv Kal vavriKcav, irav- ra^ov OTTOV av ooai, KaBdjrep BiKrjv cy^X^/corcov Kal 9 2 7 VTreprjuepow ovro)v, Kal evl KaTepa> TWV SaveicrdvTa)i> 13 Kal a/x0orepot9. eav 8e IJLTJ ela-ftakwcn, uelvavres eVt ai/ //,?) crv\at axrtv 'Adrjvaiois, Kal evrevOev KaraTrXev- a% rot? TOKOVS aTroSovTaw TOJ)? Trepvcri evTas et< T?)^ a-vjjpa^tjv. eav Se rt ?; i/aO? Trddrj dvr/KecrTOV ev y av ir\er) rd ^prjfjiara, awr^pia 13. V/3dXw(ri] 'Make the entrance of Pontus.' A nautical term, probably, familiar to na- vigators in that sea and to those coasts. firl KWI, 'after the rising of the dog-star.' 'Bad weather seems to have been generally expected in the dog- days [July 25 to August 5].' Penrose. Sirov &v P.T] T(f) TTpOS TTJV AcLKptTOV TTClpa- ypcKpyv " f%f\6/j.fvos OTTOTCLV (sic) Hy ffv\ai uffiv 'A6-r)i>aiois..." S.] TOI)S TTfpvffi ypa. K.'r) rovrov aeA,(/>c3, Ke~\,vovros rovrov Kal dvaBe^OfMevov arcavr ea-eadai 928 /j,oi rd Sltcaia Kara rrjv (Tvryypafyrjv, K.a& fjv eSdveiaa rovrov avrov ypdcpovros Kal (rvao-r]fj,r)va/jLei>ov, eTreiSrj eol ol rovrov en veatrepoi rjcrav Kal fteipaKia rravrdrracriv, ovrocrl 8e Aa/cptro? 1 6 3?acrrj\.irr)S, j^eya rrpdyfia, 'Icro/epaToi;? /Aadr/rrjs' ov- T09 TIV o rrdvra OIOIKWV, Kal eavru> /te rov vovv Trpocr- 15 17. Continuation of the narrative. At the personal request and engagement of La- critux that justice should be done, I lent Artemo the money, and Lacritus actually put his seal to the bond. I thought hint a man of consideration, and was charmed by his plausible wordn. No sooner, however, had they got the money than they violated all the terms of the com- pact, and this at the instance of Lacritus himself. ffvffffT]fj.r)vafj^voi>] 'Joining in the signature.' Or. 41 22 (irp6s ) : rl 52 (Twecny/ucuVero TO. /JLrjdev i/ytes 6vra fJ.T)8' ypdfj,fj.ara ; We cannot say how far this made Lacritus legally liable. Perhaps it was only a plausible show of accept- ance ; but it was not necessarily done fraudulently, as Androcles implies. fji^ya Trpayfjui] 'A great man,' SOKUV elvai ris. Penrose com- pares Herod, in 132, TJV (ityi- ffrov Trp7Jy/j.a Arjfjio>crid7]S Tip |3a- 'Icro/cpdroi'S /j.a0T)Trjs] Cicero, Brutus, 32, 'Isocrates, cuius domus cunctae Graeciae quasi ludus quidam patuit atque offi- cina dicendi.' Quintilian n 8, 11, 'Clarissimus ille praeceptor Isocrates, quem non magis libri bene dixisse, quam discipuli bene docuisse testantur.' A- mongst his best-known pupils were the orators Isaeus, Hype- rides, Lycurgus; the historians Theopompus andEphorus; also Timotheus the celebrated gene- ral, and Androtion the orator and demagogue attacked by De- mosthenes; who describes him as rexvirris TOV \fyetv Kal ird.vra TOV fiiov effxo\a.Kev evl TOUTI? (Dem. Androt. 4), and who is said to have spent special pains on his speech because he had to confront an orator who had learned his art in the school of Isocrates. (See further Isocr. Paneg. 189 n.) More than 40 of his pupils are discussed by P. Sanneg (de Schola Isocratea, p. 60), who describes Lacritus as 'dema- gogus magis et callidus versu- tusque vir quam literis deditus, tamen in arte rhetorica si fides habendaPseudo-Demostheni Or. in Lacr. 41 tradenda versatus. Ea enim oratio adeo disciplinae Isocrateae maledicit, ut e more Demosthenis fieri nequibat. ' Cf . note on i/irS6e(ris 1. 13. S.] 16. eavrip ?r/x)(r^x etj '] ' To at- tend to him,'' i.e. to trust him rather than Artemo for the fulfilment of the engagement. Here also the words seem vague, P. 928] AAKPITOT nAPAFPA^HN. 65 e%eiv Ke\evev' rj elvat Kal KOIVWVOS TOV 'ApT6/jLa>vo9 TriOavovs ikeyev' evretSr) Se rd^icna ejKpareis eyevovro rov dp- 1 7 yvplov, rovro fjiev SievelfAavTo Kal e%pa>vTo '6 rt eSoKei TOVTOIS, Kara Be rrjv crvyypa^rjv rrjv vavrucrjv, icaff r)v eXa/Sov rd %prffjuvra, ovre peya ovre [MKp TOV, w? avro TO epyov eSfacocrev. ovrocrl Be airdvrwv rjv TOVTWV o 6^77777x7/9. Kaff e/caa-rov Be rv ra9 rpiaKOvra , &J9 VTrap^ova-T)^ avrols inroBrJKtjs krepwv rpid- h avrov Z cum "2. rbv avrov Bekk. cf. 36. Z. and to fall short of any legal ovroal St K.T.\.] Perhaps we liability. As Artemo was to should transpose the article, sail with (ewl) the goods, and which should not be used in Lacritus said he should be in the predicate and read ovroal town, it was natural to trust to 5 6 A. a.irdi>Tuv TJV TOIJTWV efryri- him rather than to Artemo. r^s, 'This fellow Lacritus was There is some satire in the the author of the whole plot.' language, especially in the Xcfyot Mr Mayor (p. 244) objects that dav/j.a av8pes 81- /caaral, 179 uyu-et9 d/cijKoare' OVTOL S' dvrl ra>v rpto-^t- \iwv Kepafj,la)v ov8e Trevrafcoo-ia Kepdfjiia et9 TO jrXoiov eveOevro, aXX' dvrl rov tfyopdadai avrois rov olvov, oaov Trpoar/Ke, Tot9 %pi][J,ao~iv e^pwvro o ri e&o/cet rov- Tot?, Ttt Be fcepd/Aia rd rpto"%i\ia oi)S' efjt,eX\.7)aav ovSe St,evor)6r)crav evOecrOai et9 TO rr\olov Kara rrjv r/v. ort S' d\v)6r) ravra \eyco, \a/3e rrjv fjiaprvpiav rwv crv^rr\eovr(i3V ev rq> avrw irXoia) rovrois. they had to offer (i.e. ahready possessed) security for other thirty minae' (3000 dr.). See Or. 34 16. _ They probably re- presented the wine as already theirs (purchased, perhaps, but not fully paid for), and lying at the port in Pallene; and this seems the point of riyopdcrOai in 19, 'instead of the wine having been bought by them.' et's rdXavrov] The goods were to be twice the value of the loan; 3000 dr. x 2 = 60 minae = 1 talent. Ka.6irj 77 vavriKr) is 'this bond which they pretend to have been bound by (but have violated).' Inf. 30. 6 d5eX06s 6 'ApTffj.uvos, 32, TO irXoiov TO vavayrjcrav, and TO oivapiov TO K$oi> (where incredulity of the existence of a lost cargo is implied), 52, TOV vai>K\i'ipov TOV $marrj\trov. In these passages irony is perhaps intended to be conveyed. Mr Mayor however (p. 244) says the repetition of the article ' denotes nothing more than a wish to be exact.' 20. Evidence of the pilot and quartermaster that only 450 jars of wine icere taken in Hy- blesius' 1 ship. p. 929] AAKPITOT nAPAFPA^HN. 67 MAPTTPIA. ['Epacr4/cA,?79 /jiapTVpei Kvftepvav Trjv vavvrjv'TftXij- 20 . 'ApxaSijx Bekker. m om. Z. 'A.iro\\65upoi>] Sup. 16, it loerb, p 459 n. S.] was Artemo who was to sail ^e^aprvpriaev] 'Put in a with the goods. written affidavit on absence at dioirevwv] An overlooker or the time,' i.e. when the other super-cargo. A form of 5io- depositions were drawn up. On Trrevfiv, seen also in 6-irnrTeveiv. this word there is a note on Aeschylus has j3aai\fjs SLOTTOI in Aesch. Agam. 1167 (P.) [Or. 46 Pers. 44 (Hesych. <:7ri/ie\i?Tcu). 7]. 'lariaioOev, 'from His- And Hesych. has Sioirevtiv ewi- tiaea'(Oreus) in Euboea,of which yueXei(j0cu vecis. dlowos' eiriffKo- island Nausicrates, the partner TTOS, apxw, vavapxos, eTrtcrrdTT/s, of Androcles, was a native, dioTTTrjs. SioirTeveLv' KarcurKo- 10. ireiv. [Schol. StoTrevdJV oiriir- SvTreraiwi'] Photius, Suire- retiiav TO. Kara rrjv vavv, olov ralwves (sic), 5^/u.os T^S ~KeKpo- SioTros ris UV, tfyovv KaTatTKOtruv. Tridos v\r)s. EvTrerair), acpi 1 T)S 6 Harpocrat. diotrrevuv (sic)' Arj- 577,116x775 p^vtreTOMjiv. Hesych. /jLocrdfrijs tv ry Kara Aanplrov. SfTrer^a' STJ/UOS r^s K. (p. The StoTros X^yerai vetbs 6 ditirwv /cot proper form is SvireTTJ (Steph. eirotrrevuv rot Kara TTJV vavv. See Byzaut.). XoXXetST/s, Ar. Ach. Buchsenschiitz, Besitz u. Er- 406, of the deme Chollidae. 52 68 XXXV. HPOS THN [2124 21 Tlepl p,ev ovv TOV 7r\r]6ov^ TOV oivov, ocrov eSei avTovs evdeadai et? TO irkolov, raina BieTrpd^avTO, Kal rjpfcaiTO evOvs evrevdev airo TOV Trpoorov jeypa/ji- 930 fjievov TrapajSalveiv Kal (if) Troielv TO. yeypa/A/^eva. fj,era Be TavT eo-Tiv ev TTJ o-vyypcKpf) OTL vTrorideaai, rawr' e\evdepa Kal ovSevl ovSev o^e/Xo^re?, Kal ori, ovB' 22 eTTiSavetcrovTai eirl TOVTOIS Trap" ovSevos. ravra 8iap- pij&rjvyeypaTTTai, V yeypa/A/jievwv ev TTJ (frf) Savel^ovrai irapd rtvos veavia-tcov, e (w? ovBevl ovSev o(f)ei\ovTe<>' KOI rjpas re Trapetcpov- cravro KOL e\adov SaveicrdfAevoi eVt rot? Tj/j,erepoi , eKelvuv kcrrl Theb. 646, TOIO.VT' eKflvuv earl fj,a6eiv, ft f\ev6epa Kal dviraa. ra^evp-q^aTa. (The sentence in Kal TO. avrov TrwXe? St/caiws. S.] Demosthenes is also in iambic 22. firidavelffovrai] Or. 34 verse.) [On Iambic verses in 6. prose cf. Isocr. Paneg. 170, Kal Tinas re K.T.X.] 'And by n. S.] this proceeding they not only 23. Affidavit that the second cheated us and borrowed, with- loan was advanced in ignorance out our knowledge or consent, of a former loan having been on the security of our property, made on the same security. p. 931] AAKPITOT IIAPArPA evSerca yu,z/9 dpyvpiov eirl rrj ep^iropia r)v % dpyvpiov' ov yap av Baveicrai avros ' A.7ro\\oSa>po) TO dpyvptov.] At fjbev Travovpyiai, roiavrai, roov dvOpwirwv rovratv 24 eicriv. yeypaTTTai Se fJiera ravra ev rf) avyypa^fj, do av&pe? Si/cacrTal, eVetSay diro&wvrai ev T&> TlovTW a 93 ! i}yov, TrdXiv avrayopd^etv ^p^ara KOI dvTKJ>opri^etv Kal dirdyeiv 'A.6rjvae rd dvriVTai, 'A.6r)va%e, aTrobovvai eiKOcriv TO dpyvpiov r]^iv S6tct,fJ,ov' e&)9 S' dv dfroB(Scn, tcpa- retv rwv ^prj^drcov ^/u,a9, teal dve7ra(f)a ravra 7rape%eiv S. dirt^opHfea-lJoi Z. Of. 25, 37. ov yap &v Saveiffai avros] 'For for the actual words of the con- that he would not himself (i.e. tract, a av ayayuai. All subjunc- whatever others might have tives are futures ; and the verb in done) 'have lent the money to the minor clause is not logically Apollodorus. ' It might be in- correct in the past tense, unless ferred from this that the lending indeed (as inf. 26) a transac- on 7ndavet(Tfj.os was as illegal as tion is described preceding the the borrowing. He may how- event expressed by the sub- ever only mean, that he would junctive. But the use under not have lent it unless he had any circumstances is rare, as been misinformed about the is the subjunctive itself with security. irpbcrOev or irporepov (Thuc. I. 24, 5. Other points in 41, Ar. Vesp. 1074). which the bond was broken. 5o/a//,oc] (Predicate) 'in cur- (1) The defendants did not take rent coin.' Kennedy. a counter-cargo from Pontus eus 5' av K.T.X.] 'Pending the ( 11) ; (2) They did not put us payment, we are to have posses- in possession of the ship or sion of the goods, and they on goods, for they did not return their parts are to give them up to the Piraeus at all ( 28). to us uninjured ( 11) till we a yyov] An historical clause, have got our money back.' 70 XXXV. HP02 THN [ 2428 25 TOVTOVS, 60)5 av aTToX.a/Soj/iei'. yeypaTrrat, /j,ev yap ravra ovrwcrl a/c/3i/39 v6\ov /cal s] In direct narra- tive, OVK ^-xo/j-ev OTOV KpaT<2/j.ev e'ws av KOfuffufjieGa. In Latin, non habebamus quod prendere- mui donee recepissemus quae essent nostri. The av would have been added to ews had the event been still pending; and even with the optative in past narrative it is sometimes added, 1 ij^repa Z. as explained at length on Aesch. Pers. 452 (P). Cf. Or. 33 8, urqv TrotoC/acu (i.e. ewoioi/^i-riv) rrjs pews Kal TWV iraiduv, e'ws airoSoi-r} ras dfaa /ju>as as 5i e/uoO e\a/3e. 26, 27. Tfa/s jre /(are been robbed of our property in our own city, as if forsooth these Phaselites had the right of reprisal on Athenians ! For it is robbery not to pay debts. Here was no dispute about facts, no ambiguity in the terms of tlie bond. It is simply roguery on their part. When both the con- trading parties have made a written agreement, there is an end of it; it only remains for them to act up to the letter of the contract. ffv\uv] See 13. Photius (in v. crtfXas) cites the sentence p. 932] AAKPITOT nAPAFPA^HN. 71 /ear' ' Adrjvaicav. eTreiBdv yap /?} e6e\wcnv d a e\aftov, rt av TIS aXXo ovofji e^ot deaden, rots TOIOV- ro45 77 ori d ovS" dfcij/toa TrcaTrore Trpdiy/Aa (Aiapcarepov rj o OVTOL SiaTre- Trpayi^evoi elcri Trepl r)fJia.<$, Kal rav& 6yu.oXoTe9 \aftelv Trap tfptav rd xpijfj,aTa. oypafA/jievoi<;. ort Be Kara TTJV yparjv ovB' OTIOVV TreTroitjKacriv, aXV evdvs air a dp^dp,evoi efcaKore^vovv teal eTre/3ov\evov f^TjBev vyie? Troieiv, VTTO re TCOV paprvpicav Kal avrol v(f> eavTwv 1 ^rai ovToaal KaraltcovTO Bevpo, et'7r6piov ov KaTa7r\eovcriv, el TWV crrjfjieiajv TOV vfj,e- Tepov 1 e^TTOpiov. Kal e&Ttv bfAOiov elf (fxopwv \i/j,eva u>(77rep av e'l Tt9 et9 A-iyivav r/ ei9 Meyapo. )' e^ecrrt yap a7ro7T\eiv CK TOV \ifMevos TOV- TOV OTTOI av rt9 fiovX^Tai Kal birriviK av SOKT} avra). 29 Kal TO fjiev ir\olov u>p/j,ei evTavda TrXelow? 17 TrevTe Kal eiKocriv ritJ,epas, OVTOI 8e TrepieTraTOvv ev TW 8ie\ey6fj,e0a, * r / av c Ta xprjfAaTa. OVTOL $* a>/u,o\6yovv re Kal eXeyov ort avTa TavTa Trepalvoiev. Kai rjfiels TOVTOIS 8 -fj^repov Z cum i A 1 . vfierepov Bekker. * rj/j-erepov Z cum 2 <. vpeTepou Bekker. Z. oTrrjv'iKa] 'At whatever hour he may choose,' i.e. to sneak away in the dark. 29. detyfj,ari\ A place where samples of goods (Sefy/uara) were shown. See Boeckh, Publ. EC. p. 58. Or. 50 (wpbs IIoAwcX Trpoffepxerat avrif ev rep deiy/man. Ar. Equit. 979, ev T

os. [Haipocrat. TO'TTOS TIS ev T< 'AOyvrjcnv e/j.- Tropl(f>. Leake's Athens, i 382. S.] ' evLfie\e?ffdai] 'To do all in their power.' The av here, differently from the combina- tion OTTWS rc3^ a^/ietcov] A flag- staff, perhaps, or some similar signal, was placed to show the limits of the Attic harbours. This was an insignificant creek probably nearly opposite the little island of Psyttaleia, hav- ing its nickname from its use to unprincipled traders in evading the custom-duties. It was as much out of the way (says the orator, using hyperbole), as if one should put in at Aegina or Megara (Nisaea). [Bekker's Anecd. 315, Qupuv \ifj.tva: 6 (pUpUV \lfJ,rjV tffTLV V /J.00pitf} T^S 'ATTIKTJS, evda ol \rjffTal Kal KdKovpyoi fyftifomut Strabo, p. 395, ol KopfSaXets, eW 6 ovofiart TO> TOVTCOV, 77877 /jiaXXov TrpocreKei/jbeda airanovvTe^. teal eT Tjva)'x\ovfjiev avrois, aTTOKpiverai Ad/cpiros ovrocrl 6 dSe\o$ 6 'Apre/ifoyo? ort OVK av oloi T e'lrjaav arro- Sovvai, d\)C aTToXwXef ajravra ra ^pr/paTa' KOI e(f>r) Ad/cpiToa, ' when we began to be very ffKevdcras ^fnropiov Qevdocrlav (sc. pressing.'' Kaffa) o a evov-ra' evetvat, Se rapt^d? re #al olvov Kwov /cat aXX' arra. Kal ravTO, etyacrav jravra avrnpopTicrdevra (JueXkew 32 avrd dyeiv 'Adrjva^e, el f^rj aVewXeTO ev ro3 TrXotw. /cat a /iez/ 6X676, raOr' 77^' aiov S' a/coucrat r^V ftSfXuplav rwv dvOpwirwv TOVTCOV KCU rrjv fyevo\o r ylav. 7T/30 etc TlavTiKairaiov ets eo8ocriav, rot? epydrais rot9 Trepl rr/y yecopyiav xpfjcr- 6ai. ri ovv ravTas TO? Trpotydcreis Xeyoucrty ; ot}ei> 934 7f> Trpocrr/Kei. Kal pot Xa/3e r^y /juaprvplav, Trpwrov 33 /iey r^y y A7ro\\c0viSov ort 'Aj/rtTraTpo? ^y 6 Saveicras 7rl TO) TrXo/ot), TOVTOIS B' ovS 1 OTIOVV irpocrrjKei Trjs vavaylas, eVetra T7)y 'Epacrt/cXe'ou? at rrjv 'ITTTTIOV, &TI oyBoijicovra fiovov /cepa/ua Trapijyero ev ro5 TrXotw. MAPTTPIAI. ['AvroXXcovtST;? ' AXiKapvacrcrevs jj,aprvpei elSevai Baveicravra 'AvrliraTpov, Ktrtea TO o9, ( T{3\r]crla) elf TOV Hovrov 7rl T^ 1^771 7) evavK\,rjpei, Kal rat vav\w rut 6t9 TW noi/Tov' /coivw- velv Se Kal avrov rrjs veais 'T/SA,^vyovros vwl TTJC 5iicr]v is per- wrecked. haps an interpolation. There 76 XXXV. IIPO2 THN 3437 vavv 7rapa7r\eovcrav, ical 'A-TroXXoScopou avrov rov vvvl rrjv Sl/crjv, fj,r} elvat, olvov ev TO> TrXo/w, o. 7rapdyTrov. olvov Kya Kepdfiia] For otvov K(jiov Kep. Cf. 10, oivov Kepa- fjdois Mevdaiois (but in 20, oivov MefSat'ou Kepa.fj.ia.} . Ar. Lys. 196, Qdffiov olvov 0Ta.iJ.viov. S.] dioTrevwv] 20. 'AiroXXoSupov] Perhaps 'A- wo\\oSwpov, ' belonging to Apol- 'lodorus.' In 16 it is said that Artemo was to sail with the goods. See, however, 20. The middle evdecrdai may mean that A. ' had it put on board ' in his absence. ayye'tov] ' A hamper, ' per- haps. So in Eur. Ion 1412, the a.vriir^ or round casket (vidulus) is called 07705. S^uara, see Or. 34 10. ^e^aprvfrqaev] 20. 35 7. The improbability of the defendant's statement is s)wwn by t)ie custom of export- ing wine to, not importing it from, the Pontus. Lacritus' ac- count, that his brother Artemo had lent a friend of his .in Pon- p. 935] AAKPITOT IIAPArPAHN. e/c TOV HOVTOV /car' e/ATroplav re /cat Kcooy. TCCLV yap SIJTTOV TovvavTiov etV Trepl Tq/J>d Sato? KOI e aX\a)v rivoSv iroXewv Traz'roSaTroV etc 8e TOV HOVTOV erepa ecrrcv a elcrdyeTat Bevpo. /care^o/iez>ot 8' 36 v(j) rinwv Kai e'Xe^^oyLteyot et 11 Trepiyevoiro ru>v %p^- fjuaTwv v TO) Tlovro), aTreicpivaTO Aa/cptro? ovrocrl on encnbv ararffpe^ Kvfyfcrjvol Trepvyevoivro fcal TOVTO TO vpvfftov SeSayei/caj9 etr) aSeXoi] See note on Or. 34 23. ov dvvcuro] 'That he was not able to recover it, in fact, that this also might be consider- ed as lost.' Kennedy. 78 XXXV. IIPO2 THN [3741 aXV dvTi Tlovro) rd ^fierepa dvev rjfJbwv, aXX,' J A.6ijvae Trapeze tv dv7ra(j)a r/iuv, e&>9 av ^/iei? a7roXa/3&>/zez> TO -^prj/jiara 'or)V STITPA^H. 38 Tlorepov, do civSpes Si/caa-Tal, Savet^eiv tceXevei TO^TOK? T; (risyypatyr} rd rjf^erepa, KOL raOr' dvdpooTTta ov rjf^etf ovre yiyvuHTKOfAev ov6' eopaKa/Mev 7 " TreoTrore, 77 avTityopTicra/Aevovs Kopiaai 'AOrjva^e /cat avepa 39 Troirjaat r)fjuv Kal dvejra^a trape^eiv ; r/ fj,ev Z, 38 40. If the terms of the phists, and dishonest as men.' Joan forbid lending the money In Or. 19 246 (irapairp. p. 417) in Pontus, that must be regarded the Sophists are spoken of with as decisive. These Sophists are contempt : \oyoypdiaras aTroKoX&v TOI)S aXXous cause they have paid for learn- Kal vj3pleiv Trapw/uevos. ing eloquence (that is their af- 40. rbv Ala rov avaKra] See fair); but if their eloquence is Argum. ad fin. [avaf is a poetical perverted to injustice, they ought word and is extremely rare in to be punished. Greek Prose. Perhaps the only 39. r/ nlv yap, K .T.X.] ' (I ask other passage where it occurs the question), for whatever the is Isocr. ix 72, where Evagoras bond says on this point is King of Cyprus is said to have final.' See 13. given the name to the young- irpofffapfLv] ' To bring to bear er princes of the royal family, against, or as tending to cancel, rwv tj- avrov yeyovdrwv ovdtva the bond.' Kart\nrev IdiwriKols dvb^acn irpoff- KaKovpyoi] 'Rogues as So- ayopev6fj.evoi>, d\\a rov /j.v p. 938] AAKPITOT nAPAFPA^HN. 79 TOI)? Oeov? aTravras, ovBevl 3 ' TTCOTTOT' ecfrOowrjcra 01)8' SiKaaral, el rt? (3ov\eTai cro(j>i- dpjvpiov dva\i(TKeW fj,atvoi- jap av, ei ri fioi TOVTO)V eVi/ueXe? eirj. ov uevroi jjua Ata ot/u.a/ b 76 Setz/ dvdpa>7rovs Karafypovovvras Kal Seivovs elvat e(j)iecrdat TU>V dXkorpiwv, ovS" ra> \6 avSpes SiKaa-ral, ov rc3 Si/caia) TriaTevcov elcr- e\ri\vOe ravr'rjv TTJV SitC'rjv, aXX,' d/cpi/3(<> et'Sco? ra ev' eavrols Trepl TO Sdveicrfjia TOVTO, elvai Kal paSlws \6dai>ei. instruct them on these very But it may be doubted if aXXcov points.' So in Or. 19 48 (irapa- has not dropped out. wpecr^. p. 356), KCU ^Traw&rai olfj.ui;o/j.ti'ov] 'Who should be 5 &l\i.Tnroi> OTI wayy\\eTi ra made to smart for it.' Kennedy. Siicaia woi-fiffeiv. Here is a dis- Or, 'who will come to grief,' as tinct charge against the Sophists we say. So Ar. Pac. 756 ettarbv of teaching ddiida, dishonesty. Kea\al KoXaKwv oljj.tii^ofj.^v(i3v. /J.a6rjras ffv\\tyei] Apart from 41, 42. Lacritus trusts in his own brothers Artem'o and this case to his skill in elo- Apollodorus, referred to in the quence, and his cleverness in next , we find one other pupil making you take his own views of Lacritus in Archias of Thurii, of the matter. His brothers 6 K\r)6els vya8o6ripas, 'nick- have been brought up in the named the hunter of exiles,' same school, and are therefore from being employed (under the 80 XXXV. HPO2 THN [4145 42 ra)v e7rayyeX\,6[ievos Trai&eveiv. teal rrpatrov fj,ev d8e\(f)oi"? roi)? avrov eTraibevcre rr^v 7rai,8eiav ravrrjv, fjv v(j,ei<> alcrOavecrOe rcovr]pav teal dSi/cov, GO dv8pes 8iKaaral, Savel^earOai ev r&> e^rropiw vavriKa^prj^ara Kal TCLVT drrocrrepelv KOI p\,r) d7ro8i86vai. TTCO? av je- voivro Trovijporepoi dvOpwrroi, r) rov 7rai8evovrov 'Apx'iav ev rois quoted by Blass, Alt. Ber. in AaKpirov rov fr/fTopos fiaOrir^v 505, who ascribes this speech to dvaypafai. S.] the same author as Or. 43. S.] 42. alffOdveffde] 'Are aware,' rwv eyu-ot 77 e\aTTOv, dp" av olecrde KaKpvrov TOVTOvl, \ejeiv olv ei Tt? rt ercelvay raJ TeTekevTijKOTi ux^eCkev r) ev fj aXkoOi TTOV ; ical el rt9 r)fj,u>v (frevywv Bl/crjv 45 VTTO TOVTOV Trapaea'6ai, jj,r) el Trjv BIKIJV eicrayotyyi/jLov elvai, e/JLTropiK^v ovcrav. (hrei- Ta, a> Ad/cptre, am jj,ev TOVTO SLKCIIOV ooicei elvat, efMol Be Bid T OVK ecrTat ; ov^ aTracriv r^uv ol avTol vofj,ot Z cum S r A 1 , ffv^e^Kei. Kal Bekk. (Vid. Or. 34 12, n.) e ij Z cum S. Kal Bekk. 44,45. Supposing the con- 'to use up,' or, 'use away,' trary had happened, that I had di>a\lffKeiv. But to use in ex- owed Lacritus' deceased brother cess is to abuse. the money which he owed to me; elcrirtirpaKrai] In the medial would Lacritus then have relin- sense. See on 26. quished the property, or omitted 45. airros] sc. uffirep vvv to S'ue me i Or again if any ijneis ayavaKrovfj.ev. ira.pa.vo- one of you had put in a special peicrOai, that he is being dealt plea in bar of his claims, would with in a manner not contem- he not have insisted that the plated by the laws. case was a mercantile suit, and ?TretTa, K.T.X.] ' Then, La- as such could be tried in this critus, if you consider this just court? for yourself, why should it not KaraK^xwa'] ' Lavishly uses.' be just for me? Are not the The KaTot in this verb, which same laws enacted for all? commonly means abuti, has the Have not all the same rights in same force as in /caraxap'fea-^ot, regard to mercantile actions?' KarairpoSovvai, &c., and means Kennedy. P. S. D. 6 82 XXXV. I1PO2 THN [ 4548 yeypa/j,/j,evoi etVt /cat TO avro Si/caiov Trepl ruiv e/. 46 pttcoSv Bitcuiv ; aAA' ovr(o /SSeXupo? Tt? ecrTi /cat inrep- /3aXX&>i> aTravras dvdpwTrovs ra> Trowr/pos eivai war' e7rty6tpet 7Tiuiv v/jLct dvSpes BiKacrral, et ot Savelcravres 940 ey T&> e/jL7ropiw TOO vfAerepo) ^prj^ara vavriKa /cat avro- 46. \f/7](f>tffa(r6ai] This shows that the granting a Trapaypacftrj was by voting, as in an ordi- nary verdict. St,K&t~6vT(i}V VfJL&V VVVL TOLS ^M" jropiKas 5kas] The courts of Commerce held their sittings during the season of the year in which navigation was sus- pended. Cf. Or. 33 23, at 5 XiJeiy r<2v SIKUV rots e/j.ir6pois eiaiv aTTO TOV vos n^xpi TOV /UOWI/XIUH'OS (i.e. from about September to April), 'iva. irapa.'x^prifJLa. ruv diKaiwv rv- X5"Tes dvaywvTai. The present passage helps to fix the date of the speech. We know that in B.C. 355, the date of Xenophon's treatise on the Eevenue of Athens (in 3), this prompt settle- ment of commercial cases had not yet been introduced ; for he proposes by way of remedy that a prize should be given to the officer of the harbour who gave the most expeditious and equit- able decision. But in B.C. 343-2, the date of the speech on Ha- lonnesus, the improved system had already come into force, as the speaker (Hegesippus) re- ferring to the times of Amyntas says, e/j.TropiKo.1 SIKCLL OVK rjaav (SffTrep vvv d^pt/Seis cu Kara. fj.rjva. (Dem.) Or. 7 12. Cf. Introd. p. 52, and note on Or. 37 2. S.] IKO.VOV elvai] i.e. dpKflv, v, irapd TToia dp^r) 77 eV TIVI %pov(a; Trapd rois eySe/ca ; d\\d roi^copv^ovf /cal K\errras Kal TOV$ d\- Xot>9 KdKovpyovs TOI)? eirl davdrq) OVTOI eladyovcriv. d\\d Trapd TW dp^ovri ; OVKOVV 7ri,K\TJp(i)i> teal opa- 48 v&v Kal roov TOKGWV ra> dp^ovrt Tr/oocrrera/crat \elcrdai,. d\\d vr) Ai'a Trapd rc3 i, ovSe a< 47. I^TTO rwi' 6ai/., /c.T.X.] To be construed with dirdyoivTo. ' Should be carried to prison by the fraudulent debtors.' Ken- nedy. Lit. 'by those who have borrowed and then try to evade payment.' ev rivt xp6"V ;] F r mercantile suits were held only occasion- ally, " They were tried before the Thesmothetae during the six winter months, while the ships were laid up in harbour, and the judges were compelled to bring them to a final decision within a month." (Kennedy, argum. against Zen. Or. 32.) Hence they were called l/j./j.Tjvoi dlKai Or. 33 23, quoted on 46. See the commencement of Or. 33, Trp6s ' A.ira.TO'upi.ov: rots ptv e/j.Tr6pois Kal rots vavK\f]- pois K\evei 6 v6/J,os elvai rds St'xas Trpds TOVS 6fff/j.odfTas, 4dv TL ddi- Kutvrai v rif ^fj,TropLi{) rj v6v5e Tr\oives 17 ertpoOev devpo. rois ZvdfKa, ' the criminal court, 'the ' eleven ' having the custody of as well as the jurisdiction of prisoners on capital charges, ol twl da.va.rij} (viray6/J.evoi). [K. F. Hermann's Public Antiquities 139.] 48. reffdai, bs ~Ev/j.o\iri5as, pd- 62 84 XXXV. EPOS THN 'SS 4851 a\\ o TroXeyLta/a^o? etcra^et. aTrocrracr/ou 76 Kal aTrpo- (rracrlov. OVKOVV vrroX-onrov eenv ol arparrjyoL d\\d rov 8' elfj.1 e^iropo^, Kal o9 KOL K\r)pov6fj.o<> ei>o< TWV efjLTropcav rov \a{36v- TO? irap' tf/j,p<9 f ourot elffdyovres et's rb diKaffTripiov, " om. B, in marg. yp. habent ." Z. g + et'j r6 SiKO.aTripi.ov S. feiv TT/WS TOV /SacrtX^a. [Her- mann's Public Ant. 138, 8.] d TroX^apxos] In early times, he was the Minister of War and even the chief commander, like Callimachus of Aphidnae at Marathon, Herod, vi 109 (TO for irapa TOVS tpov TOV Tro\t/J,apxov firoitvvro roiffi ffTparrjyoiffi). [Hermann's Public Ant. 138, 10.] airoffTacriov and dtrpooTaffiov were respectively applied to the case of a /^rot/cos leaving, or acting without the sanction of, the irpoffTa.Tr]s or patron under whom he had been enrolled (Sv ^Treypd-^aTo), and the refusing to be enrolled. Hesych. d-n-po- ffTacriov diKi) ' Kara TU>V TT pocfrdrriv fj.1) diroypa\l/afj.^vui> (1. iwiyp.) yUeroiKWJ'. [Harpocr. eldos SIKTJS /card TUV TTpOffTdTTJV fj.r) Vf/JWVTUV /AfToiKUV. There were two speeches of Hyperides /COT' 'Apicrrayopas d- irpoffTacrlov, fragments of which are still extant. S. ] oi ffrpaTTjyol] Briefly put KaOiffTacnv] 'They appoint,' 'settle disputes about,' viz. by taking cognizance of and hear- ing claims respecting the dvTi- Socris, or offer of exchange of property. Or. 42 5, TOV yap iTi5i$6vai Tpnjpapxiav, Mid. p. 539 (Or. 21 78). 49. The article before t/j.- n-opiKa seems at least unneces- sary to the sense. Perhaps however we should read f(j.TropiiHN. 85 rov aTrocrrepeicrdai rd ^prj^ara^ et? rou9 eo"%drov<> dv KivSvvovs d(f)iKo/jir]v TO rovrov fjLepos, el fir) pot, 77 0-^7- 941 ypa^r) eftorjdei tf Trpo? TOUTOU?, Kal e/Aaprvpei 'art, elf rov Hovrov eSwfca rd %pr/fJ,aTa Kal Trd\iv ' icrre yap 1 , } 'A.0i}vae] This was he was concerned,' i.e. as far the worst form of 'protection,' as he could imperil me by mak- since it tended to make corn a ing me pay the t-n-wfieKla. ( 46) monopoly at Athens. and succeeded in quashing my 51. w ofrrot Kvpiol elffi] viz. suit by a -n-apaypa^r]. Of. Soph. any slave or agent in their Trach. 1215, ov nape? TOV/JLOV employ. fj.tpos, ' you shall not suffer Kal rd\\a ra 7.] Equivalent through deficiency on my part.' to our form "and so on," "et ['C'est la un artifice oratoire. cetera." Only one or two clauses La loi dont il s'agit ne pouvait are quoted. But the law, as pas s'appliquer aux cas de force remarked on 10, is spurious. majeure.' Dareste. S.] The phrase ti<8ovi>ai, for TrpoteOai edv TIS, K.T.A.] Cf. Or. 34 37, or davelcrai., is by no means and Lycurg. adv. Leocr. 27, ol common, though trains seems vfj^repoi v6fj.oi TCIS ^ rrapd ravr\ elvai rrjv d(riv Kal TTJV d7Toypa(f)f)v TOV dpyvplov rrp6<; rot? eVt//.eX?7Ta9, Kadd rrepl rrjs veto? KOI TOV CTLTOV etpr/rat, KaTa ravTa. Kal 8ifcri avTw /mrj ecrra) rrepl TOV dpjv- piov, o av e/e8&> d\\ocre TTOI 17 'AOr/va^e' elcrayeTo) irepl Toi>Tov m /i^Se/i/a.] 52 'O fj^ev yo/io?, cJ aVSpe? St/cacrral, ourto eCTTlV' OVTOi 8' 01 [JLiapWTaTOl, dvdpWTTWV aTTCLVTWV, ye r ypa/jLfj.evov n Siappr/S^v ev TTJ avyypa^fj ' Trd\iv rjKeiv ra xprjfj,aTa, ei? Xtoi' eTreTpe-^r vai a eSavela-avTO ' AOrjwijOev Trap* ri^wv. Savei^o/nevov yap ev TO> TIoi/Tft) TOV vav/c\rjpovTov Qao-ijXiTov eTepa Xpr/jjiaTa irapd TWOS Xt'ou dvOptoirov, ov (frda/covTos Se TOV Xi'ou o'avela'eiv, lav (MTJ VTrodr/Krjv \dftr) aTcav& > ocr' r)V Trepl TOV vavic\r]pov, fcal eTmp^Trwcn Tavra 01 TrpOTepov SeBavei/coTes, eVerpe^/rat/ raOra v7ro6rjK7)v yevecrOai rc3 Xta> ra r/fj,T6pa Kal Kvpiov eicelvov , quum esset diserte scriptum.' Cobet, Miscellanea Critica p. 86 ; idem dederat Bekker 1824. TTJV )- generally. ras, sc. \ifj.tvui', or efj.TTopioii, the TOV i>avK\r;pov TOV 4>.] See overseers or harbour-masters. sup. 19. [They were ten in number. See irepl TOV vavK\tjpov] 'With, Meier and Schomann, p. 86.] and in custody of, the skipper.' diroypa(f>ri, see Or. 34 7. The word airavTa. is emphatic : 524. Clear and explicit he would have the whole cargo, as the terms of the law are, they and therefore the property of have been violated by taking the Androcles was included. Such ship (from Thieves' harbour) to a transaction appears to have Chios at the instance of a Chian been legal, provided the consent merchant who had lent them of the former lenders was ob- money on our goods at the Pontus. tained. And those who break the law do p. 942] AAKPITOT IIAPArPAc&HN. 87 /j,era TOV ^ao-^XtVou vav/c\ijpov Kal /iera TOV Xiou TOV SeoaveiKOTOS, /cat oppi^ovrai ev (jxopwv \tpevi, et? $e TO vperepov e/ATropiov ov% &$p/iucrai>TO. KOI vvvl, do av&pes 8tKav TO, ^ptj/jiaTa. V VfATp(i)V KpLTT(OV ^JX l 'P^ e * z/at Ka ^ T ^? x V)TTOV (JLOV, a\\a Kal fj.a\\ov. TTWS yd,p OVK d8i- KOVVTCLI TJ 7Tc<3s ot! 5fLva TTcurxoixnv, diravra, TTWS OVK enewai fj,a.\\o>> en ddiKovvrai TJ eyi6 ; Blass (Att. Ber. in 505), who quotes this parallel, attributes the present speech to the same author as Or. 48. S.] Sicnreo-TaXfcwj] A happy term for ' dispatching goods to differ- ent destinations other than what the law allows.' Mr Penrose fails to see the true force of the &V Trowrjpdnv dvOpWTTwv ra? iravovpyias d r rrdaa^, a? eviot Travovp- 943 yovcrt Trepl TO. ap- dirtlpws Ka/j.ivev6vTwi>. The right to work this refuse ore (as well as the slag) was from 1869 to 1873 one of the points in dispute between the Greek government and a commercial company, MM. Eoux et Ser- pierei. An interesting account of the origin of the quarrel, with some correspondence there- on, may be found in the Times for 9th, 10th, 12th and 16th Oct. 1872, and 10th Aug. 1875 ; and a lively description of a visit to the works of one of the Greek companies is given in Mahaffy's Rambles and Studies in Greece, pp. 117131, 1876. In April 1886, by the kindness of MM. Serpieri and Pellissier, Mr Sandys visited some of the more ancient portions of the extensive mines of the French company which sends its lead to Newcastle, and its zinc to Swansea and Antwerp. S.] 90 XXXVII. we shall endeavour to state the nature and grounds of the action as briefly and clearly as the somewhat com- plex and involved argument allows. The plea is preferred by one Nicobulus for a -n-apaypa^tj against certain unreasonable claims made upon him, as he considers them, by Pantaenetus, who is in effect the plaintiff. He had charged Nicobulus with damaging his works, with taking away ore and smelted silver from his slaves, with taking possession of the mine for non-pay- ment of money advanced to him by Nicobulus in con- junction with Evergus, and with other outrages ( 33). The case is made more intricate by the numerous trans- fers of the mining property (or " sett," as it is now tech- nically called) to various owners, who still retain a lien upon it. The successive proprietors of the mine were (1) Telemachus, 5 ; (2) Pantaenetus, 22; (3) Mnesicles, who holds the conveyance in his own name, as having lent money on security of it, 5 ; (4) Nico- bulus and Evergus, who obtained the transfer direct from Mnesicles, as the mortgagee; (5) Pantaenetus again, but under lease to the last-mentioned proprietors ; (6) the nominees of Pantaenetus, who bought it at his urgent request from Nicobulus, 16. To pay for the mine, and perhaps to carry on opera- tions, Pantaenetus had at the outset borrowed money from Mnesicles ( 4) and other parties. On this account, the mine is transferred to Mnesicles, who is thenceforth the real vendor, TrpaTijp. But, on Mnesicles requiring to be paid, Pantaenetus a second time borrows money, viz. from Nicobulus and Evergus, who consent to pur- chase the mine in their turn from Mnesicles, at the desire of the nominal owner Pantaenetus, on condition of getting their interest, in the form of rent, from the profits of the mine, of which he becomes the lessee under IIPO2 flANTAINETON. 91 them, 5. At this juncture, of course, Nicobulus and Evergus are the real owners of the mine; but by a special clause, Pantaenetus has the power of redemption, or resuming actual ownership, within a certain time. The transaction being concluded, Nicobulus goes abroad for a time, and during his absence Evergus, fail- ing to obtain the promised rent as interest, takes posses- sion on his own account, and apparently with undue rigour, of the mine, the slaves, and even of the ore raised. For this Pantaenetus eventually brings an action against him (probably on some technical ground of illegality 1 ), and obtains a verdict, with the heavy damages of two talents. ( 46.) Nicobulus, on his return to Athens, is surprised to find Evergus in possession of the mine, he being still unpaid, and additional creditors against the mine, i.e. against Pantaenetus (whether real or fictitious) now coming forward. It is at length arranged that both Evergus and Nicobulus shall be paid their claims in full, and the mine shall pass into other hands. Nicobulus takes the precaution to get a release and discharge from all further demands on the part of Pantaenetus (i.e. as the former lessee), and this release is made the principal ground of the present -n-apaypa^. Not so Evergus, how- ever, who (as above mentioned) was prosecuted and con- demned for the seizure of the property on his own account. It is clear that if he also had obtained an ac- quittance, Pantaenetus could have had no legal ground for the suit against him. An action is now brought against Nicobulus, who is the defendant in the suit. Pantaenetus says that he aided and abetted Evergus in getting wrong- 1 Evergus ought to have acted, trained only for the value of perhaps strictly in agreement the mine. See on 5, and Arg. with Nicobulus, or have waited 504. He is said Tr\r)/j./j.f\f'ii>, for his return, or to have dia- 26. 92 XXXVII. nAPAITAi\eov Kal IlXetcrTopo? Trevre Kal 5 rerrapaKovra /ii/a?. Kal r^v cavrjTrjs eyyejpa/^fj,evoavTwv, ' a gang of informers,' in Or. 39 2, and the word properly includes the slaves, though spe- cial mention of them follows, as below, rb fpyacrT^ptov Kcd rd dvSpaTToda. In 4 it is tpya- ffrr}pi,ov iv TOIS l^^ots, where Kennedy renders it ' a pit.' [At the present day, Ergasteria is in common use in Attica as an alternative name for the modern mining-village of Lavrion. S.] 2. Mapuvelq.] ' The mining district, besides the demi Ana- phystus, Besa, Amphitrope, and Thoricus, contained several places which were not demi, as Laureium, Thrasyllum, Maro- neia, Aulon ' (Leake's Demi, p. 274). The place may perhaps be identified with some ruins XXXVII. HAPAFPA^H [ARGUMENT vcrrepov e TO dpyvpiov 6 Tlavraiveros Sevrepovs Saveicrras, TOV re 7rapaypa(f)6nevov vvv Nt/cd- 10 (3ov\ov Kal J^vepyov riva, Kal TOVTOIS VTroOr/Krjv Sloweri TO epyacTTijpiov Kal ra dvSpaTroSa. ypa/ifAarelov Se ov% vTroOriKT)*;, d\\d 7rpdcrea>s Tai. Kal ytveTai Trparrjp Kal /3e/3aieoT?}9 rot9 SevTepois oaveicnals o irporepos SeSaveiKots 6 My^cri/cA,^?, 6 ra? wi/a? e^coy. 15 Kal (Micrdovcrt rai Tlavraiverfi) rd re avSpajroSa Kal TO 064 epyao-Tijpiov Ev'e/jyo? /cat o Nt/co/3oyXo9, w? SecnroTat Srjdev fyeyovoTes avTOV. TOCTOVTOV Se /juadovaiv oaov TO Sdveiov TOKOV eVo/et' e'SeSai/eiVecray jjuev yap e/caroz/ irevre nvas, e'Set oe Kara JJLVCLV TOKOV elvai opa%[j,riv' 20 eKaTov ovv Kal irevTe Spo%u,a9 \a/u,(3dveiv avvedevTo' teal rjv TOVTO TW pev epyw TOK09, T&5 Se ovo^aTi /i/cr- TOVTOJV Trpa^OevTcav 6 jxev Nt/cd/3ouXo9 aTreorj- , irapd Se TT/V aTrovcrlav TTJV eKeivov ' A.6r)wrj(ri Nicobulus, the latter of whom (as we have seen) is the de- fendant, and is now maintain- ing his right to a ira.paypa-rj as against Pantaenetus. 8. airatroi^/ae^oj] Or. 34, curg. n. 16. On being required to re- pay the loan to Mnesicles, he has recourse to versura, or bor- rowing from another party ; who, on Mnesicles being paid, purchase the mine from him, i. e. take over the mine in lieu of the loan, at the desire and with the consent of Pantaenetus. 11. ypafjifjiarelov K.T.\. ] 'And thus the indenture is not a mort- gage, but an actual conveyance.' Nowtherefore Evergusand Nico- bulus become the proprietors; and they in turn lease to Pantae- netus the property he had origin- ally bought. 17. Sirov r6Kov] They lease it on terms which would j ust pay the interest of the loan, a drachma per month for every mina lent, or 12 per cent, per annum. Thus, he adds, it was a nominal lease, being in fact merely a way of paying the usual inter- est. 23. irapa] During or pending Nicobulus' absence at Athens Evergus becoming dissatisfied with Pantaenetus for not pay- ing the interest (or rent) regu- larly, goes to the mine to take possession (cf. Or. 33 6, ol Xp^ffTcu Karrjireiyov avrbv aval- rovvres Kal evepdrevov), and even seizes from a servant of Pan- taenetus some money that was being conveyed for payment of the royalty to the state. p. 964] HPO2 HANTAINETON. 95 rd8e yiyverai. 6 Rvepyos o KOLVWVOS rov alrtoo/Aevo? rov Tlavralverov a$9 ovBev rwv crvyKei/jievwv 2$ edekovra Troieiv, eX^cof eVl TO epyacrrr/piov avrov, Kal 8rj dpyvptov u\aa9 etc rdov Tlavraiverw K0fj,i6/*evov, oirep $pu&\& elf TO Kara(3d\\eiv, d$ei\ero rov KOfJ,iovr Trapo KOI St7r\rjv et? TO Bvjfjboa-iov KareftdXev, co? er), 30 Trjv tcaTa/3o\r)i> 6 TiavralveTO?, rrjs TrpotrrjKOva'ijf Trpo- 84' Evepyov efCTrecrwv. eVt TOVTOIS KCU SIKTJV TO) Eue/37&) /3Xa/3?79, Kal el\ev avrov. cw? 8e 7ravrJKe Kal 6 Nt/cd/3ou\09 IK T^? aTroS^/u-ia? Kal Sa- veiaTal TTO\\OL Ttfe? dv(j)alvovTO rov TLavraiverov 35 rrporepov dyvoovf^evoi^oycov Tro'XXcov \eyojjievwv Trepas Scrr Nt/coySovXoi/ yu-ey Kal Rvepyov drro- eKarov Kal rrevre [Jivd<; drroarfjvai rov Kal rwv avSpairoSajv, ravra 8e TOI)? ere- 26. Karelxev] In late Greek, heim 16 p. 108. S.] this seems to mean ' took pos- 33. \axe] sc. Pantaenetus. session of,' obtinuit, in the sense el\ev, he obtained a verdict. of ei'xero. The precise grounds on which 30. Trapo, K.T.\.] ' Through he succeeded in this action for which transaction as a further damage we are not told, and, wrong (Kal) Pantaenetus had to as Kennedy says, we cannot pay the sum due twice over, determine. (See Introduction.) having exceeded the time al- 36. Tr^/ras] ' At last,' or ' as a lowed for remitting it.' See final arrangement.' Boeckh Dissert. &c. p. 665. 38. eKarbv Kal irtvre /mis] viz. [Owing to the intervention the full sum they had jointly lent of Eubulus, Pantaenetus was Pantaenetus. diroffTrjvai, 'they thwarted from (eKirea-wv) paying were to give up possession.' Cf. the ' royalty ' by the proper Or. 35 4. time, viz. the 9th of the 10 39. roi)s ertpovs davelaavras] TTpwaveiai into which the year The parties (not named) who was divided. Andoc. de Myst. had furnished Pantaenetus with 73, ot ft.tv dpytpiov 6Tes the money for payment, and T(Jj dr]fjt,offi(i>...TotJTOis i) /J.v ^KTLCTLS who thus obtained the right of Tfv ^TTI TT?S tvdrTjs irpvTaveias, ei sale and the legal conveyance of 5 /J.TI, Siir\d(riov 6eiKws 6 Mj/^criKX^s, supra 12 = Eechtsalterthilmer ed. Thai- 1. 14. 96 XXXVII. IIAPArPAH [ARGUMENT 40 povs Baveio-avTas (ovelcrdai. Trd\iv Be OVK e TWV Baveio~T(0v oovelcrdat rd KTrjuara, el fj,r) Trparrjpes avTol Kal fieftaiwTal yiyvocvTO Ntd/3ouXo9 /cat Ei/e/3- 709, Trelderai 6 Nt/ed/3oL>Xo9 teal VTT' avrov Tlavratverov, fcadd (^rjcrtv, diov/j,evo<>, ov Trporepov Be dveSe^aro, 45 irplv TOV TlavraiveTov atyecriv avrw TravTos eyK\ijfj,aTO^ Sovvai. 6 Be TlavraiveTos eSwfce pev TTJV decriv Kal 7rpddr) rd tcrr/naTa, ovSev 8e rjrrov KOI rovra) rrjv avTrjv ijvTrep Rvepyy Sl/cijv e!\?7^e, (fxov Trjv SIKTJV, W9 8rj TWV re rd 50 el? <*>v Kal Trepl /jbera\\ov tfSiKrjfjbevos. eyKa\el Be rut Nitfo/3ouXa> Kal Trepl rrjV VTTO TOV OLKeTOV KOfj,L^o/jLev(i)v, Kal Trepl rfjs TOV epryacrTrjpiov Kal TWV dvBpaTToBatv rrpdaew^ Trapd ra? crvvdrjKas yeyevrj/jLevr) 1 ?, Kal pevToi Kal Trepl erepcov 55 TIVWV. 6 Be Ni/cd/3ouXo9 TrapaypdfaTai TOV dywva KaG" eva pev eKelvov VOJAOV TOV K\evovTa, Trepl u>v dv Kal aTraXkayrj &)9 opb^ei Trepl rivcov Bel 44. dvedea.To] Nicobulus re- There must have been a clause fused the responsibility of giving in the bond between Nicobulus a title till Pantaenetus gave the lender and Pantaenetus the him a formal release from all borrower, that Nicobulus should claims. For the title would not not have an absolute title to sell have been good if there were the property. Pantaenetus, it any former claims or mortgage seems, desired to retain the upon it. Inf. 30, wv] Indorsing the See Or. 36 25. action as a ' mining cause ' ; 59. Trepl rivuv del] This anti- just as other suits were marked cipates the objection (64) that ifjLiropiKai, &c. The defendant the plaintiff, Pantaenetus, ' had pleads this, as one ground for joined in one plaint various the TrapaypcupT], that it was im- causes of action which could properly so indorsed. not be tried together before the 53. TrpdffeusTra.pa.Tds r)cn irapd TOVTOV rov voftov, 7roi/aA.a e^K\,rj^ara et? ravrov pi^avra Kal 65 Trept irdvrwv ev T&> /ieTaXX' 049 Tore , tu avSpes St/catrrat, Ta!y vopwv ira- acrdai irepl u>v dv Ti9 0^)619 ^at a7ra\Xa^a9 Si- i, i> * DOT. Z. b rotruv om. Z et Bekk. st. 60. aroTTwy, K.T.X.] That it is quite out of the way to bring these points into a mining suit. ' That the subject of the dispute did not authorise a mining action.' Kennedy. 68. KfxpTjTai] viz. as entitling him to bar the action, and plead ' not maintainable.' tirl TOV ri- Aous] See 36 38. 70. r-ffv evdvdudav] i.e. rrjv fvOelav. 'The merits of the case.' Argum. Or. 34. The strongest point in what would constitute an ordinary defence, is the pleading an alibi when the alleged outrage took place. 71. on nyde] Observe the sole- P. S. D. cism, very common in late Greek, for dVt ovdt. The use of tKeiva. following, as a mere demonstra- tive antecedent (ea quae, &c.), is hardly classical. p. 966. 1. As the law sallow a bar to a suit in all matters in which a discharge and ac- quittance have been given, I have claimed this right against Pan- taenetus. I shall show that he gave me such a discharge; and I shall not allow him to argue, that, if he had really done so, I ought to have put in the irapaypacjirj, but did not. d^or^puv] Cf . Or. 36 25, Kal yap dd- GKe.iv dXijdf) fie \eyeiv, Kal TroielcrOai Tetc/jujpiov &$?, 7rpd%dr) ri TOIOVTOV, 7rapet6eis TUV fyK\Tj/jLa.TU}v Kal a.Tra\\ayfls, 16 ; wv av ari Kal aTra\\d^y rts, 19 ; yvlKa VTTO TOVTOV Kal aTTTJXXaT- TO/J.IJV, 17. The two acts are very frequently pleaded as the ground of a Trapaypacf>ri, e.g. irpos KavffifJ.ax ov > O r - 38 5, axoi/ere, t3 avdpes SiKaaTal, TOV VO/JLOV cra^ws \eyovTos eKOcrra, wi> /j.rj fivat diKas' wv ev effTiv, ojuoi'ws rots oiXXoit Kvpiov, irepl &v av TIS drj Kal aTraXXd^T;, (JLTJ SiKaecr6ai. [Or. 38, Trpos Xai'cr/yuaxoj', con- tains several striking parallels to the present speech, e.g. 38, 4, compared with 18 infr. ; also passages in 38, 21 and 22, which are almost identical with 58 60 infr. A. Schaefer, Dem. u. s. Zeit, ni 2, 210 n. S.] OVK olojj.evos\ ' Thinking I ought not to forego this right.' There is probably a play on d(pfls, 'when he had discharged me from further claims, I was not to be discharged from my own claim against him. ' Kal airr)\\ay^vov] 'And that he had been got rid of. ' But it is likely that the two words are an interpolation. The first Kal is used in reference to wp&s diraivai fj.e. dXX' ^TriSetfai] To supply as the context rather requires, olo- /j.tvos dtlv would involve ei'o-eX- dovra for dae\6wv. Hence we should rather understand dvvacr- dai e7rt5e?cu, or perhaps read tTri$dfiv. e-n-l, 'relying on this plea,' viz. that the action is an illegal one. ws ovdfv TjdiKrjKa] This, as often happens in irapaypaQal, constitutes the ordinary defence in fvdvdtKia, or where there is no bar to the action. He enters the court, he says, to plead a trapaypa KaTOpdducrat rrjv 7rpo9 Evepyov BIKTJV e-rr'rjpfj.evos os Z. tTryppfros Bekk. et Dind. 2. If Pantaenetus liad really been wronged, he would have brought the action long before this, and when I was at Athens along with Evergus. Men are usually most indignant when the sense of wrong is re- cent; and the courts meet for cases of this kind every month. The truth is, he was not wronged by me, but put up to this prose- cution by having got a verdict against Evergus. 4/j.fj.rivwv] Kennedy translates, 'as these actions last only for a month.' Or. 33 23, at \^ eis r&v SIK&V rocs f/J.Tr6pois elffLv awo TOV poTjdpofii&vos TOV (jiovvvxiusvos, i.e. from Sep- tember till April. Cf.0r.3546n. Boeckh (P. Econ. ed. 1, pp. 50 and 667, trans. Lewis 2 ) renders it 'monthly suits,' and on p. 667 explains it to mean that "it was necessary that judgment should be given within a month, the object being that the mine- proprietor might not be too long detained from his busi- ness." [In his 2nd ed., how- ever, the rendering 'monthly suits' disappears, and the epi- thet is understood to refer to the ' decision of certain processes within a month from their com- mencement' p. 72, Lamb]. In Soph. El. 281, 1/j.fj.riva lepa are clearly " monthly offerings." Trap' ourd, K.r.X.] 'At the very time of the wrongs.' In Or. 32 7, for irapa rdSiKij- fj,ara we should perhaps read Trap 1 avra. TadtKrj/j.aTa. For the sentiment compare Thuc. in 38, a/j-vvacrOai, ry iradfiv OTI lyyv- Tarw Keifjitvoif dvrLwaXov 8i> fiA- \iffra TTJV Tifj.upiav aVoAa/u/Sdm (where perhaps bv is an inter- polation : the Ti/j.upla is /j-dXtara. dcriVaXos when it is recent). So Or. 36 53 ir\i^ffiov 6t>Tui> TWV a5iKT)[i,a.T(i}v eyKaXeTs. p. 967. eirrjpfj.vos] 'Elated,' put up to it, ' by having carried to a successful issue the suit against Evergus.' Thucydides generally uses {Traip&fjifvos. Or. 32 10, we have r<$ TTOT' twrjp- jj.evos OUTOS Ka.Tf\rj\vde. Eur. Andr. 705, fjL6x^ otai " aXXwv /cat ' In your court.' 72 Trap' vfuv] 100 XXXVII. IIAPArPAH [ 26 co9 ovB' oriovv dBiKM, Kal [idprvpas (Lv av \eyo) rrapacr')(op,evov,rreipd(Taadai crcoen> e^avrov. 3 Berfcro/jiai, Be Kal fierpia Kal BiKaia vfjiwv aKovcrai re pov rrepl wv rrapeypa^rdfi.'r/v Trpocre^eiv b\co TCO Trpaypan rov vovv' TTO\\WV ydp BiK(av ev rfj TroXet yeyevrj/jievwv, ovBeva rcw BIKT/V ovr* dvatBecrrepav ovre crvKofyavrucwrepav ol/jiai c>avr)cre- adat BeoiKacrfievov 7*9 vvv ovrocrl \a%(av elcreXdeiv rero\p,r)KGV. e apxfjs B , 009 av 0^09 re w, Bid ftpa'^y- rdrwv arravra rd rrpa^Oevra Bnjyr/cro/jLai rrpbs vfids. ^ 'ESave/cra/iey rrevre Kal eicarov p,vd? eyw Kal Ey- 6/3709, co avBpes BtKacrral, TLavraivero) rovrat eV ep- yacrrrjpiQ) re ev rot9 6/37049 eV Mapco^em Kal rpiaKovra TJV Be rov Baveicr/jiaro? rerrapaKovra partner Evergus, lent the de- fendant 105 minae on the works at Maronea, in order that he might pay off the sum due to Mnesicles and others. Mnesicles, as the mortgagee, accordingly conveys the mine and the slaves to us. The defendant then, m place of paying interest on the loan, agrees to hire the mine of us at a rent amounting to the interest. This agreement being signed, I went off to the Pontus, Evergus staying at home. tpyaffTfipiif}] This word meant any place where works were carried on (see Arg. 1. 1) ; but here the ?pya, or mining opera- tions, are distinguished from the sheds for dressing or the factory for smelting, &c. Pro- bably we should read ep-yacrr^pi'y T

avri(TOVTai TWV d\\orpiuv. Cf. Dem. in Aph. i 7. S.] /c.T.X. SeSiKO.a/j.tvoi', in the medial sense, ' has had tried,' 'has brought into court.' The construction of the sentence is rather artificial. More usual would be ol/zat fjnj5va dv tpavrfvai, but OVK olfj.au oiideva is meant. 4 6. History of the trans- action : I, Xicobulus, with my p. 968] IIPO2 HANTAINETON. 101 ev KOI TrevTe [tvat e//,at, rd\avrov 8' Rvepyov. avve- ftaive e rovrov d^etXeti/Mz^aiKXei pev KoAAuret ra- \avrov, <&i\ea S' 'EXeucrti/tft) /ecu IlXetcrTOpi Trevre ical rerrapaKovra fj,va<;. Trparrjp /J,ev 817 TOU epjaarrjpiov 5 /cat T dvBpaTroSwv 6 Mi^cri/eX??? r^iiv jiyverat,' Kal yap ecavrjTo etceivos avra TOVTW r rrapd T^Xe/ia^ou TOU irporepov /cefcrrjfj,evov' fjLiadovrat S' oi5rocrt d Trap' rjjiwv rov yiyvo/jievov TOKOV rc3 dpyvpla), Trevre Kal e/caroi/ Spa^dciv TOV /iT/i/o? K(icrTov. Kal Tide/jLeda crvvdrjtcas, ev at? ry re /u.tcr^a) el TOKOV TCKOUffa TOIOUTOV TOKOV. Cf. Shakspeare's ' breed of bar- ren metal.' 1 For the genitive see on Or. 34 40. The dative also follows the usual construc- tion ylyvfTai vibs TIVI K TIVOS. X&rtj] ' A power of redemp- tion,' i.e. a right to take back the mine within a certain time on payment of our loan in full. 6. tnl QfoL\ov apxovTos] Ni- cobulus set sail in the spring of B.C. 347, in the ninth month of the Attic year (corresponding to the second half of March and the first half of April). S.] ei's TOV IIoi'TOj'] For the pur- pose of trading, as appears from 10. 102 XXXVII. nAPAFPA^H 610 evOdoe ?)V Kal Etkpiyo?. ra [lev Sr) Trpa^Oevra TOVTOIS 77/309 avrafa, e&>? aTce^rj^ovv eyu>, OVK av e%oi/j,i eljTelv ovre 9, Tore 8' avTOv altTtov eavru> f TT/SO? TO Brj/jiocnov yeveaOat r^5 eyypcKJifjs, TOTC 8' aXX' o rt 7 av /3ov\r)Tai. etcelvos 8' a7r\a;9 ovre TOI>? TO/COU? a?ro- \afjL/3dvot)v ovre TWV a\\a>v TOOV ev rat? (rvv6rJKai<{ et ( rouTOf, eXdcov, Trap 1 e/covro? TOVTOV ra eavrov' /xera 8e ravr dire\66vTa TOVTOV r]KLV TOVS d^LCT^T^dOVTa^ CiyOVTO,, aVTOS 8' 01;^; vTre^e\6etv e/celvois, TOVTOV S" ov-^l fcw'X.veiv e^eiv oacnrep efjucrOwo-cno, el Troiolr) ra o-vytcei/jLeva. TOVTCOV 8 /iey S^ TOIOVTOVS aicovci) \6yovs. e/ceivo 8' oZS' ort, et fj,ev OUTO? d\r)0f) \eyei Kal Seivd ireTrovdev, wcnrep ^77- Bekk. 1824. f ai/rf Z. irpbs] See inf. hands) Pantaenetus brought other 19. persons who said they had a prior fKireveiv VTT' e/ce/^ov] 'That he claim on it. These he, Evergus, was ejected from the tenancy resisted, while he professed his (lease) of the works by Evergus.' willingness tMt Pantaenetus tKirecreiv is commonly used as should re-enter his tenancy, pro- passive of K^a\elv. Cf. infr. vided he acted according to the 59, e/cjSaXeij' (KTriirreiv. contract. irpbs r6 dTi/j.6rjs Trpos TO 5. is opposed to 01) ravra. \tyovcriv 'of being registered as a debtor above. to the state,' nor is ainov TT/M'S TJKCIV K.T.\.] Cf. Or. 48 10, rt a common idiom. Perhaps virevoovfjiev yap, w avdpes oiKaa- the words are opposed to the rat, rj^etv TIVCLS d/j.eiv /j.io-duwr)TO, Kal KCLTO, ra9 crui;- QrjKas o5ro9 efjUKrOoKraTO rffieTepov ov TO ep avftpes SiKacrTai. eTrei&rj 10 Toivvv div ecovrj/ieda, Qav^aaT(a<^ co? eXvTrijdrjv, opwv TO irpa- a pot TrepiecrTTj/cos et? arorrov' rj yap KOivwvelv e'Set cfTf]v dvrl TOVTOV TOV Evep'yoi' e^eii/, KOI rrpos eicelvov Tcah.iv ulcrOajcriv 7pa Kal avfipoXaiov Troieiadat,' 1 1 rovrwv 8' ovberepov Trpoypovpr/v. a^Sco? S' ^X wv ^ ? Xe'7w TovTot9, ISwv TOV Mf?;c7tX,ea roy irpaT^pa TOV- TWV r)niv yeyevrj/jievov, 7rpocre\d(t)V e'yu.e//, a \eya>v olov dv6pwjrov Trpov^evrjcre poi, /cat TOL? Kal TI raur' eo~Tivr)p(t)Twv. raffOai is often used (e. g. in Or. 35 4) for giving up, or de- clining to take any property, especially a legacy. Cf. Or. 38 7, affl yap OVK arrod&aBaL ra Trarpfa uv fKOfjd^ovro xP r lt JL d- Tv el\ev dTrocrrds, 'having to give up what he had got from another by a verdict.' fyovTO. Kal Kparouvra] It would seem from this that Ever- gus had commenced to carry on the works himself; and this ex- plains what follows. ewvri/j.fOa] sc. from Mnesi- cles, 5. irepieffT-riKos ets aroTrov] ' Had come to a pretty pass,' Kenne- If I preferred to be a ' sleeping partner,' I must look to Evergus for paying my share of the loan (45 minae, 4). 11. Accordingly, I went to Mnesicles and asked what it all meant, and who these pretended claimants to the mine were. But he only laughed, and said he would take care ice should meet them. As for Pantaenetus, he would also see that justice was done by him. oft \eyu TOVTOIS] The dative depends on the sense 'being displeased by,' and may there- fore be regarded as causal. Cf. Mid. 108, eyu yap e ofiriiTepov rovrois TOIS /xer ravra evrjvoxa, where how- ever eiri may be supplied from the first clause. See Shilleto on Thuc. i 77 3. TOV Trparrjpa /c.r.X.] See 5. (The TOV, of course, belongs to &vTiaf] ' That he had in- troduced such a person to me. ' Kennedy. To be irpoi;evos to a man is to act as his patron and guarantee, and therefore to bring him forward in some re- lation to others. The accusative depends on the sense, like OVKO- tf>avTfiv Tiva, ffvvevTropeiv TI, inf. 49. Euripides has irpo&veiv TI, to introduce a subject for an oracular response, Ion 335, Hel. 146. In Or. 53 (irpos JUKO. ), 13, Trpo^fvelv TLva is used as above. p. 970] IIANTAINETON. 105 6elv ' e(f)r) TOUTOU9 /3ov\ecrdat Trpo? r^as, Kal avvd- %ew avros rjp>ds, KOI Trapawecreiv TOUTCO irdvra Troieiv rd Sfaaia e/iot, Kal o'lecrOaiirelcreiv. w? Se crvvyXOofAev, i 2 ra /Lief TroAAa TI Set Xeyetv ; T/tfoi; 8' ot BeBaveifcevai d, TI KO/jLicraaOai Trdvra rd %pij/j,a,Ta Trap* av- 8' 70) 7rapa%pf) pa, ovBe /3ouXeu- 13 , /eo/u'cracr#at (Tvve\wpr]cra, Kal TOV l&vepyov eVet 3' e'Set ra ^prifj,aO' h r/pas diroXaiift TO Trpdy/Ji et? rovro irporJKro, OVK etyaaav 8 avruv Z. roirrous] i.e. ouroi ot a/j,t- (r^TjTowrej, ous cri) 5^5ot/cas, (3oy- AOI'TCU, ^0r;, ffvve\6ew v/jut> (Trpoj iVtas). Otherwise ai}roi)s rather than TCWT-OUS would have been used. 12. Well, these claimants came, and affirmed they had lent money to Pantaenetus on the mine. As this was shmvn to be false, and Mnesicles confirmed us in the possession, they then proposed that we should get back our money from them (on cession of our rights to the mine), or (retaining the mine) pay them their claims on it; for the secu- rity was worth more than the money due on it (so that we might wish to retain it). diaXvcrai 0-$as] ' To settle with one,' is properly to 'untie him from his obligation.' Or. 30 o. Z. 8, SiaMeiv fjLfv 17^0? 'Ovr/rup ovS' eirexfiprjcrev. ideSuKetfjiev, BC. edavfiffdfjifv HavraivlTtf). 13. Upon our assenting to receive our money, the claimants refused to pay it unless we sold them the mine; in which they sheioed their sense, for they knew we were being vexatiously prose- cuted by Pantaenetus. irapaxpri/j,a] ' On the spur of the moment, without even con- sidering the matter. ' It is clear that the claiming party, ol dfj.(pi(rpr}Tovvrfs, did not expect this result; their offer was not made bona fide, for they did not intend to pay Nicobulus his dues: in fact, their pretended claims seem to have been made only in collusion with Pantae- netus. 106 XXXVII. nAPAFPA^H [ 1316 ravra Baxreiv ol TOT e/celva eTrayyeiX-aftevoi 1 , el ftrj nparrjpe^ yiyvolped' r//iet9 TWV Krrnjudrwv avrols, vovv %ovTe<;, to avSpe? 'Adr/valoi, KCLT avro ye TOVTO' ea>- pu>v yap 7;//,a? old ecrvKO(f)avTovfJ,eff VTTO royreozA GJ? ovv Kal TCLVT o\T]6rj \eya), \a(3e /mot /cat Tavras ra? fiaprvpias. MAPTTPIAI. Tovvv TO xpr//j,aTa ov rrpo''evro 019 S' et/corco9 etyaivo/jieda u>v eSeiro, ijvTi/36\ei ravO earrjKei, Ka ra ovro<;, ^/u,et? Kparelv, i/terevev, Se TOVTOV Kal 7ro\\a BeijOevros Ka r ov 1 eirayye\\6fj.evoi Bekk. 1824. J rotrov Bekk. 1824. k yevtffdaL Bekk. 1824. 01 rore /f.r.X.] SC. ol a.fj.avTij(TOai. 14 16. When the persojis introduced by Pantaemtus ( 11) refused toparticith their money, i.e. to pay us, unless ice sold the mine, he, the plaintiff, begged us to sell it to them; and at last I assented, icishing to get clear from one who showed by all his conduct that he cared for nothing but his own interests. faivo/j.fda /c.r.X.] When it was clear that we were right- fully in possession of what we had bought from Mnesicles. eyuoC] The genitive after der)6ti>Tos. It seems clear from all this that the ol a^ xora, Kal TO [lev irpwrov cos eyra /eareTrXeucra, dcr^evov d<7Kovra eopafeevai 1 pe, eVel 8' e'Set ra 81/caia Troielv, e'/iol 7rd\iv Bvv Seniro opov yiyvo/Jtevov, rj^iovv ajrdK- 16 at Trparrjp vjrep TWV TOVTOV eOels rcav IjKXrj/jidTmv KOI ovrco 8ia\vecrdai. rovratv Se crvy-^cop'rjdevTcov ovros fjiev drJKev anTawrwv e//.e, eycb Be irpaTrjp, wcnrep eSeW OUT09, roav KTrjfAaTaiv e i yi < yv6/jLr)v, KaOaTrep av- TO5 7rpid/j,r)v Trapd M.vr)!7iK\,eovs. Ko/jucrdfievos Se rd epavrov, Kal TOVTOV oi)S' onovv dStKwv, /ia TOUS Oeovs, 1 eupa.Kfra.1 Z. m TOI^TOU TIVUI> Bekk. 1824. a transference of the mine to Pantaenetus ( 5), the claimants them that he might regain pos- seem to have preferred t6 buy session of it. See on 31. it as from the plaintiff, but con- 15. irdXtc 8', K.T.X.] Examples veyed to them by Nicobulus. are given to show that further -fi^iovv dia.\veff6ai, 'I required dealings with Pantaenetus were that I should come to a settle- undesirable, and to account for ment with him.' (So Kennedy, the giving up the mine in order Bather, ' I thought it best to to get rid of him. come,' &c.) lyKkyfjAruv, not TrpoffKfKpovKOTo.] Or. 39 18, that Pantaenetus had any real iroXXots TrpocrKpotiet. In 5-4 3, claims against Nicobulus, irpo ftoi \a^elv TTOTC rovrovL 17 Ta /j,ev STJ yeyevij/jieva, Kal Trepl dv- Bpes Sucao-TaL Trapaa-xo/Aevos Se p pdpTvpas, 01 irap- rjcrav rjViKa dtfJ>0a /cal vvv crvKo^tavTovfJieOa, aXXa Kal TlavTai- n yiyvoiro Z cum 2. Bekk. ^6-rjv av Z cuw 2r. P -f roi>s Z cum ZrA 1 . <> oi/8' Bekk. 1824. from all claims,' was one ground duces them not only to con- of the Trapaypaa- ofiS' av ef n ytvotro] 'I never aav, but even to place this an- imagined that, happen what ticipative av in a wrong clause." might, he would bring an action The Greeks greatly prefer OVK against me' (Kennedy). The av yfroiro TOVTO to ov ytvoir' av negative, OVK iprjd'rjv, is sepa- TOUTO, &c. rated from the verb by the 17. o?s oCroj fK^Xevcrev] viz. strengthening clause or condi- in 14. tion. So Eur. Hipp. 654, TTWS 18. The plaintiff himself, av o$v (tyv KaKos, os ovS' aKouvas by omitting my name in his ac- roidd' ayveueiv SOKU; The av, of tion against Evergus, is a wit- course, belongs to XctxeiV, but it ness that he lias no claim against is attracted, as usual, to the vie. The cliarge is the same; negative. See Shilleto on Thuc. and if both had been guilty, both i 76 4, who remarks, "the would have been prosecuted. But, desire of the Greeks to show as the case having been tried once, early as possible that a sentence the law forbids it to be tried is intended to be contingent in- again. p. 972] IIPO2 HANTAINETON. 109 veTos ai)ro9. ore yap ~\,ay%dv(ov QvepyM Trjv eyK~\,r)p,a viroXotTrov elvat' ov yap av BTJTTOV TU>V av- TWV doiKr/fAaTCOv TrapovTcav djji^olv 1 o/iot'&)9 eyKa\a>v TOV fjiv eia<7, Ta> S' e'Sia^ero. aXXa /jirjv on y OVK edocriv ol vo/jioi, Trepl TCOV OVTW r jrpa~)(jdevT(i)V'ird\Lv\ay- iev v/ia9 Kai jjir/oev elTrovTos e/jiov yi- Be \eye ai5roi9 KOI TOV vop,ov TOVTOVL. NOMOS. 'A/eoiWe, c3 aVSpe9 ' Kdrfvaloi, Aral 4 TOV vofjuov Xe- 19 , u>v av d(f>fj Kal avraXXa^?; Ti9. 9 S/a9 elvai. Kal /j,r/v on y 1 d^oTep S' Z cum S. oto/j-ai Z. C/. Veitch, Gk. Verbs, s. v. ' om. Z cum 2. ou 701/3 &i> K .T.X.] ' For surely, when the same wrongs were be- fore the court, if he had the same charge to bring against both, he would not have passed over the one, and gone to law with the other.' T&V ovTd) irpa-xptvTuv] When a legal discharge and acquit- tance has been given. dXXot nty Tovrovi] Or. 38 4 STL S' OVK eCiai.v ol v6/j.ot, irepl Ttav OVTU irpa.'xdevTUv aD0t.s 5i/cdfews \tyot>Tos ^/cacrra, uiv JUTJ elz/at 5t/cas, uv %v iariv, O/-UHWS rots &\\OLS Kvpiov, irepl uiv &v rts dipfj /cat aVaXXaffl, /j.r) 5t/cd- avruiv fyw, jSot/Xo/uat d' 6'yuwy /cat rbv v6fj.ov vp.1v CLVTQV avayv&vat. Kcd /j.TjSei' tiirbvros] i.e. uto fyu fj,r)d(v efTroj. /cat TOV v6fj.ov] Either 'beside my assertion of the fact,' or ' be- side the evidence read before.' 19,20. The law then for- bids a second trial when the case has once been settled. This pro- hibition holds good especially in claims settled by consent; for to try these over again is not to avTiKpvi\ For TrXws, in a plain and straight- forward way. d/jL^oTepa] Though a distinc- tion here seems made between d VOJJLW Kaff e/cdcrrov x TJKuTTa Bekk. 1824. T Z et Dindf. cum S (Cf. Or. 24 54 r6 SWOCTIOV Bekk. w om. Z cum 2. the case does not allow him to charge himself with injustice.' For this would be K6vra d5i/ce?- ffOcu, which Aristotle (in Eth. Nic. v) shows to be barely pos- sible. Kennedy rather quaintly renders it, 'it does not lie in his mouth surely, to object to his own act, and charge himself with injustice.' irapd ri, con- trary to what is prescribed in other matters than such as are settled by himself. (Or per- haps, 'For any of these other reasons'.) The sentiment here is similarly expressed in Or. 36 25^ roij v(f>' eairroD] sc. wpter/u^ots OVK e/j.fj.fi>fi, ' He who brings an action again for claims of which he has given a discharge, fails to abide by his own act.' Toirry irpbs ^/uas] See Or. 34 36, Sup. 6. aTrap TUP , /c.r.X.] ' In no cases where the laws have forbidden it, ought people to sue, but es- pecially not in these. Of things done by public authority it may be said, that they have been done unjustly or improperly;' Kennedy; who seems to have followed Bekker's reading we- irpaxev- Of course irirpa.Kev is from TrnrpdffKw, and means that perhaps the state ' has sold what did not really belong to it.' 20. /cat TTfpl TUV aXXaw] 'And, with respect to the other cases mentioned in the law, a plausi- ble objection may be raised to every one of them.' Kennedy. auros] i.e. rtj in Hx oi TIS &" flirelv. OVK d(j>rJKe fie TrdvTwv, ore eyiyvofAr/v 21 TWV dvSpcnro&wv TrpaTrjp, eVeSei^a* ort 8' OVK ewcriv ol vbp,oi TOVTUIV elvai Sta?, d/crj/coare apriws avayi- yvoiaKO/jievov TOV VOJJLOV. 'iva 8', &> dvopes AOrjvaioi, fj,r} Tt9 oiijTat, T049 Trepl TWV TrpayfMaTCOv CLVTWV St/eat- Oi9 dXicrKo/jievov pe eVt rovro aTro^wpelv, teal /cad etca- (TTOV atv ey/caXet /SoyXo/iat Setai avrov tyevBofjuevov. \eye 8' avro TO ee\ecrdai, /ceXeucra9 ' Avriyevrjv* TOV eavrov oiK6Tijv TO dpyvpiov TOV epov oltceTov, o TratSt TavTa TTOLelv, TfrevBo/jLevos' TTO;? yap eyw Trpoa- era^a, 09 ore e^e7r\eov TMV yevrjaofjievwv evTavO* ovS' 24 OTIOVV SrjTTOvdev ySeiv ; etra /cat TTOCTT? pwpia, \eyovTa Co? 7ref3ov\evov ari/icocrat /cat ra ecr^ara Trpd^ai, oiKTr} /j,e Tavra Trpocrra^at yeypa^evai, a ov8e TTO\I- Tr)<$ TroXtTTji; Syi/atr' ay Troifja-ai ; TI ovv eVrt TOVTO ; avrif Z. to do t't. Bwt ftoic t/iat 6e, icfcen. I cow?d wot possibly have foretold what would happen wlien I left Athens? at Trpos dXXTjXot's] viz. Pantae- netus and Evergus. i'7T07/3a^'as] ' After premis- ing.' Kennedy. Kather, per- haps, ' having made it a minor, or inferential charge.' Liddell and Scott explain it here 'in- dorsing it with the title of plot against him and his effects.' rjSfiv] The first person of the latter Attic. The older Greeks appear to have declined it 77577, ridr/ffffa, -gSeiv. See Cobet, Nov. Lect. p.' 214. Pho- tius: -tjdr) (77877) ' avrl TOV j}5eiv. The context seems to show that fjdftv is the first person in Ar. Vesp. 635. Cf. Or. 34 38, Trap-yet, n. 24. He says I laid a plot to disfranchise him. Why, that is more than one citizen can do . Z cum F2. to another; much less therefore can a slave. The fact is, as I was myself absent, he was obliged, to make out any case at all, to lay it on my slave. d,Ti/j.wffai] viz. by making him a debtor to the treasury, 6. Besides drt/tow, 'to make drt/ios,' formed from the adjec- tive, like the Platonic dvo/moiov- ffdat, there is dri/uafw, and the anomalous epic form cm^aw, used by Soph. Aj. 1T29, as drleiv in the sense of drifriv is . used by Theognis and Aeschylus (Bum. 540). ytypcufievai] ' To have written in the indictment that I bade my slave,' &c. dvvair' av] viz. since this could only be done by the state. There is a sort of quibble be- tween the direct and the in- direct agency. Kennedy does not well render it, 'which even a citizen would not ven- ture to do to another citizen.' p. 974] I1PO2 HANTAINETON. 113 OVK e^cov, ol/j,at, tear ovSev Sid rrjv arco^^iav et? epe rovrwv dvevey/ceiv n, avKo^avreiv 8e /3ov\6[j,evos, co? TTpocreraga MypaijW ovSe jap \6yo$ rjv, el fjurj rovr \eye rd/c6\ovdov. EFKAHMA. [Kal eTretS?) a> liovrco, OUT' aTrrjyopevev ovros T&5 firj i' 7Tc3? yap ; TTCU? oi)y et9 dvdyKijv r)\de ravO* 26 ypd-^rai ; 6 T&vepyos TOT', olfjuat,, TT\^^e\.wv wv rov olfcer^v oiKodev \a(3(av irap e/j,ov v- Z. b Qpa^\\ov Bekk. 1824. c avrov Z. d ZduKe Z cwm S. et's e/^] Emphatic. Marbles, cf. Boeckh, Inscr. Gr. 01)5^X6705] ' Not the shadow 162). S.] of a case.' Kennedy. /cu/)ioj'] 'To take possession 25. e;ri GpacriyXXy] ' At of my (the plaintiff's) effects.' Thrasyllus.' See Boeckh, Dis- ipt] The subject; 'That I sert. p. 619. A site so called set him there, and he protested from a monument of Thrasyl- against it.' lus, in the district of Maroneia. TOP /U.T; Trapovra] See on 34, Harpocration quotes this pas- 26, and inf. 28. sage, and adds 'ATTIKOJ> Z6os 26. ir\i)/j,fj,e\<2i> 5//ojj/] 'When dvrl TOV eiri ry Qpaff6\\ov he was committing those tres- /j.vr}fj.a.Ti. passes for which he has given [Aeschin. /caret Tt/xapxou 101. satisfaction.' Kennedy. See tpyaffTripia 5tio ev rots dpyvpeiois, 7. This seems an admission /j.ev ev AtiXovt erepov 5' M that Evergus did exceed his The site is also rights in taking possession. mentioned in an inscription in Xa/Swi'] ' Took my servant the British Museum (Elgin from my house, and placed him P. S. D. 8 114 XXXVII. nAPAITAM 2628 Tr/309 27 \a,TTiv cw9 avrov. el /juev ovv eypatye rdXrjOes, yeA,&) (he means 'in Attica'), iv (J i) dpyvpiTis ^KO.- Oaipero K^yxpos (f. ws K^yxpos). Kal TI airb TUV dpyvpeiwv avarpe- po/jL^vT) &/J./J.OS. Ibid. KeyxpedV' Ayfj.offd&'rjs ev rrj Trpos Havral- verov ypaS olK^ras rovs e/j.otis K0,6{effdai eh TOV Keyxpewva. Harpocr. TO KaOapiffrr^piov oirov Boeckh, however (p. 638), thinks Keyxpos was a kind of dross or efflorescence, con- sisting chiefly of glazed lead that was got rid of in the refining furnace, thence called Keyxpeuv. He identifies it with spuma argenti or lithargyrus and compares the x a ^ K v & v - 0os (an efflorescence formed on copper when fused after the smelting) described by Diosco- rides as Kfyxpwfidts T pvO/j.^. Publ. Econ. p. 6406, trans. Lewis 2 . "The Keyxpe&v at the silver foundries was in fact the foundry where the silver which had been already fused was refined: the impurity detached in this stage was called xtyxpos, and perhaps chiefly consisted of glazed lead ; and here the silver was again cooled with water." There seems however little force in his remark (p. 641), "it is not at all probable that silver should have been fused in a granulated form," since this is certainly the practice now. We see some- thing like it in what is known as "frosted silver." 27. The notion of my per- suading (or bribing) the plain- tiff's servants is absurd. Why p. 975] IIPO2 HANTAINETON. 115 /AOVOV CK TOV TrpoKaXelcrdaL TOVTOVS irapaSovvai, TOV- TOV Se /z?} edeXeiv, d\\d Kal e/e TTOLVTCOV Sfj\6v eari ^ei)So9 ov. TWOS yap eveic eiretOov*; Iva vr) A/' av- TOI)? KTijcra)/j,ai. d\\' acpecrea) 1 ? //.ot SoOeicri]*; rj e 77 KO/jiicracrOai, rd e/zauroi), el\6^r]v KO^ia'acrOai, ravra fj,e/jLapTvprjTai. \eye Se 3 rrjv TrpoK^criv o/ HPOKAHSIS. TavTTjv Toivvv ov^l Se^dpevos rrjv TrpoK\r]cnv, 28 a\\d (f>vy(ov, cnte-fyacrde olov evOews perd roOr' e \el. \eye TO e^ofjievov. EFKAHMA. [Kal KaTepyaa-d/jbevos rrjv dpyvpiriv, rjv ol elpydcravro, Kal e^wv TO dpyvpiov ro h etc Tav- Tiakiv T ravTa TTCO? eVecrr' epol TreTrpd^dat ro3 ftr) f ' edendum est.../cal ZireiOov ; ut in tali re usitatum est dicere.' Cobet, nov. lect. 606. 5rj Z cwm FS$B. 5 Bekk. h o?re. Z. ' ewiffxes. iraXiv Bekk. 1824. should I? IF/ten t/ze q^er was silver-ore which my servants made to me either to be paid or had dug, and keeping the to take the slaves, I preferred to bullion smelted from it.' He- be paid ( 12). sychius confounds dpyvplris with e/c roO TrpoKa\eiff6ai\ 'From dpyvpirTjs when he explains the my having proposed to him to latter by i) IK TUV dvapytipuv give over to me these slaves of /uerdAXwi' yfj. Whether it was his, and his being unwilling to sand, or soft earth, or (as do so.' Nicobulus would seem Kennedy thinks) stony ore, to have proposed that Pantae- seems uncertain. The word is netus' slaves should be inter- used rather often in Xeno- rogated by torture whether phon's treatise on Eevenues. Nicobulus had given them any See Boeckh, Publ. Econ. p. orders on the subject. See on 637, 624, &c. trans. Lewis 2 . 40, where the surrender of a ird\iv] 'I ask again, how slave by Nicobulus is proposed is it possible that these things on the other side. should have been done by me, el\6/j.i]v Ko/j.lH [ 2832 jrapovTi, fcal irepl &v Rvepyov /careBtKao-a) ; \eye avTo TO ey/cA,?7/ia e^rj<;\ EFKAHMA. 29 [Kal dTToBofAevos TO epyacmjpiov TO e/j,ov KOI TOZ)? Trapd Ta9 avvBr/Kas, as edero Trpos epe k ]. ouTt TTO\V iravG' i>Trep(3eft\r)K Ta\\a. ftev yap Trapd rds (rvvOrjicas ' olcnrep avroi eTrpidfjueOa, ov fiovov Kekevovros en TOVTOV, d\\d Kal iKerevovros' ovBels yap rj6e\e TOVTOV TrpaTrjpa. TI ovv ai T^9 fAicr6a>crea)av\6rar > dvdpanrcov, eveypa^lras ; d\\d /jirjv ori crov Ke\evovro olcr- vrep ewvrj/JbeOa avrol 7rd\iv direSofAeda, Xeye Trjv pap- rvpiav. MAPTTPIA. MapTvpels Tolvvv KOI v ecovr/peda, ravd' varepov rptwv ra\dv- ra>v /cal Sia"%i\la)V Kal e^afcocriav aTreSov crv' /calroi T/9 av KaOcnra% Trpar^pd G e^wv crol Spa^fjb-^v eScoice fAiav, d\\d /Ar/v ore raur' a\,r)0fj \eyco, KaXei pot, rov- rwv roi)? fj,dpTvpa<>. MAPTTPES. ftev Tovvv rjv eTrea-r) rwv avrov riftrv, 32 S' efjiov Tore yeveadat irparrjpa naff o crvve- 9/6 ftaXov dpyvptov, avros Svoiv rdkdvroiv TrpocrBitcd^e- rai. Kal ra \oiird TOOV lyxX'rjpdrwv eV ecrrt Seivorepa. TO \onrbv TOV 31. irtvre KO! tKarbv (j.v&v\ f)dira, 'once for all,' 'for the 4. They had bought the mine single offence,' Mid. p. 524, for the sum they had lent the 32. Cf. inf. 50. The sense defendant. Here the defendant is, the plaintiff would have no is said to have sold it again for legal title to property which was more. The mine had been mortgaged to others. Perhaps conveyed at his request to other we should read in full, and with parties ( 14), but it is evident the accent of emphasis, vparripa. that Pantaenetus himself really at Ix^"- had an interest in it, and that 32. rfv iirelffBrj] Which he they were only what is called was persuaded or induced to "cats'-paws," or nominal pur- take, i.e. with no compulsion chasers. (Boeckh, P. E. p. 671, put upon him. thinks this was a legal, or not /ca#' o /H9 at Si/cat /ca ovT6 TCOV TWV avrwv, aXA,' r} fi,ev aiicia Kal rd rwv 7rpo9 roi)? TerrapaKOVTa, at Se -7-179 #/3pecw9 Trpo? rot)? Bea-fwderas, ocra S' et9 eVt/cX^pou?, 7rpo9 roy dp^ovra. ol Se vofJMi Kal TOVTWV StSoaert ra? 7rapaypa(f)ds dvrt- 33. .He aZso mixes up in his plaint charges that can only be properly tried in other courts. (See on this subject the im- portant passage in Or. 35, Trpbs AaKp. 47.) At this point of the speech a distinct ground for allowing the irapaypa &xpi 5^/ca SpaxjJiutv avroTfXeis rjoav SiKtifeiv' ras de virep ravras rots Stcurijrcus wapediSow. [They are mention- ed in Isocr. de Perm. 237 ev 5 rats rCiv TerrapaKovra, (vaviaiv avayitalov elvai) TOIJS r tv rois Idiots irpdy[j,a adiKovvTas Kal roi)s fJLT] SiKaius eyKa\ovi>Tas. Cf. Dem. Timocr. 112 SiKa6/Mit] ' And the laws allow exceptive pleas to those charges of which the magis- trates to whom they were pre- ferred have not cognizance.' Kennedy. The sense is, that a demurrer is allowed for the mere fact of a case being brought before a wrong court. For avri\ayxv fJbaXkov a^o9 ^ TOV avKofyavTei- adai. X,e, edv Tt? 1 OLOfJ-ai Z. or magistrates who give formal timate that bribery or collusion leave to bring a suit before of some kind had been em- them ; which in this case had ployed. not been done. a.viati> trived to strike out the plea ^Xeii/'ec. Tac. Agric. 2, 'scilicet just mentioned, which I had illo igne vocem populi Romani put in among others. Never et libertatem senatus et con- mind; the laic remains in my scientiam generis humani abo- favour, and the jury, acting leri arbitrabantur.' on it, will not fail to do me ical yap] 'For even from justice. this ' ; ' from this also.' Inf. rrj a\\-rf] viz. uv av a6voi Kal &c., 19. u/Spets, ' for both manslaughter ruv OefffjLoQeTuv] The six and outrage' &c. The meaning junior archons, who appear to of this formula is too often over- have generally presided in the looked; it very rarely, if ever, chief civil court, the ^Atate. stands for the simple yap. See rb 5' O'TTWS] He seems to in- sup. 5. x c V' r s re&v, note the 120 XXXVII. IIAPArPA3>H [3537 rivd rrjs epyacrlas vTroSiKov rrotel' eycw 8' ov% ) n , aXX' u>v aXXo9 rovrov drcecrrepet, rovrajv e^Kparfj Karecrrqcra Kal TrapeScoKa, Kal rrparr/p 36 rovrov SerjOevros eyevofirjv. val, (frrjcrlv' aXXa KCLV a'XXo rt dSiKy Tt9 rrepl rd ytieraXXa, Kal rovrwv elcrl St- Kat. 6p@a)$ 7', W Tlavralvere' aXXa ravra rt eartv, dv rv(frr) p rt9, dv 'orr\a e7Ti(frepr), dv errtKararepvr] rwv e%ei\\y Z. n eet\\u Z cum S. om. Z. P TVfpTJ rA 1 . iKp-rji S. vcf>dij/ri F<. TI^^TJ Z et Dindorf. change of subject : ' and that I am deserving of thanks rather than persecution.' Kennedy. 35. <^XX??] See Or. 39 15. ovx8s, Or. 56 43. aXXos] sc. Evergus, 7. 36. The defendant has no right to be bringing a mining suit against me, and therefore I plead a bar to his action. The law lias defined what charges fall under that head, and to none of these have I made my- self liable in any way. &v Ti5077 rtj] From Ar. Vesp. 1079, where Xerxes is described as burning Athens to ' smoke out ' the citizens as if they were so many hornets, T KO.ITV$ rv-fj in S. [In a Der- byshire mine in 1833, a quarrel about the right of working a lode of lead ended in several miners being stifled to death with lighted straw. Annual Eegister 1834, p. 296. S.] ow\a tin.tpeiv can only mean the making an armed attack; and it is likely that ' claims ' were often made the subject of vio- lent dispute. It cannot refer to the seizure of tools and instru- ments, as some appear to have thought (See Boeckh, Dissert. p. 667). [Among the customs of the Manor of Crich in Derby- shire is the following: 'No miner is to bring an unlawful weapon to the mines, and if it chance that a miner (or any other per- son whosoever) quarrels upon the mine and fights and draws blood upon the mine, he shall pay the sum of three shillings and fourpence before the sun set.' Bainbridge's Law of Mines and Minerals, p. 569. S.] iiriKa.TO.TtiJ.veiv, like tTn.vtfj.e- HPO2 HANTAINETON. 121 ra\\a, wv ovSev ST/TTOV ire- p. 977] fAerpcov eyro9. raOr' TrpaKTai irpos f/u,a9 eyu-ot, a Trpoeivro CTOL, /u.e0' OTT\WV r/Ketv vopi^eis. el Se 777et q , 777509 arravTas roi)9 Trpo'iepevovs rd eavrwv elcri (rot Si/cat /ieraXXt/au. a\X' ou Sltcaiov. (j>epe9 7rape\d(av VO/MOW?, tca6' 01)9 /cat yety Tracrt 7rpoa-r/ict Sta9, ey rat Tcu,a.v r Saveio-rjTai, Trapd TOV n; v ffOai, without much doubt re- fers to encroaching on the ore- ground or 'sett' of another, fj^rpov. A similar word is tiri- KaraXXayT] in Theophrast. Char. 30, cu'crxpoKe/jSefas. Xenophon (de Vectig. 27) contrasts rd KaTaTeTfj-tj/j-^va with dr^^ra /i^- raAXa. [Hyperid. Euxenip. col. 44, 17, (prjvavros Avi\ov e/c TWI> apyvpiuv fj.eTa\\uv roi)s /jLfffoKpiveis (sc. /c/oj'as, the supporting pillars which also served as boundaries) of ^j3d] See Or. 39 9. 122 XXXVII. IIAPArPAH [3840 38 pdv prj tcofl&faraii av oXw? 1 aXXo n; eyw fiev OVK ol- ftai, aXXa ra9 Kal //,oXt9 Trapa TOVTOV, OVK elvat SlKTjV* /j,era\\iKrjv TrpoafavKTeov, ovS" eyyvs. 39 'H9 [jiev ovv OUT' r)&LKr)Ka TOVTOV ovo'ev our' elcra- e'/c rc3y VO/JLCOV ecrrlv tf SiKr), raOr' av T49 cro- paSt&)9 71/0/77. ouSez> roivvv SiKaiov e^oov ou&e ev \eyeiv virep wv eyKa\el, aXXa Kal tyevSr) 978 v Z. w a(5r' Z cum S. * Trpds 5t'/cTjv Cobet, nov. lect. 609. 38. ffwrpyo-affiv] Properly, defendant in a mining cause ; ffwrerpaiffiv is to make a hole most decidedly not. ' Kennedy. into another hole, i.e. to make y\i] Like the further infliction of being made Eoman custom sortiendijudices, P. 978] IIPO2 HANTAINETON. 123 eavrov, TO epjaarijptov Tcav crvvecrTCOTfav, Trpa- iroiet TrdvSeivov' dvayiyvtocrtcei, [tot irpoK^rfcnv 40 T.V, d%twv, ov (f>T}cnv ol/ceTrjv ravra crvvetSevai, KCLV /Jiev rj ravr d^tjdrj, TTJV 8iKtjv d-ri- o\elv ctVTq) y , edv Se tyevorj, rov z. and our phrase 'impanelling a jury,' the jury seem, in the age of Demosthenes, to have been selected by lot from the 6000 who were the constituted mem- bers of the law-courts. In the time of Aristophanes they drew a letter, A or B, &c., to indicate the court where they were to sit for the day ; /cX?7pc65eii>oi>~\ For he committed a fraud in altering the terms of a Trp6K\-r](ns that had been hastily and rather carelessly drawn up, 42. 40. fj.a.Kpa.v~\ i.e. the very length of it was confusing, and designed to deceive me. diwv, 'requiring that a certain slave who, he said, was acquainted with the facts, should be put to the question, and that, if the facts which he (i.e. the plain- tiff) alleged were true, I should be bound to pay his damages without assessment ; if they were false, the questioner, Mne- sicles, should estimate the value of the slave.' Kennedy who says ' ' the account of this trans- action is exceedingly obscure." It is plain however that Pan- taenetus, who claims a large sum ( 32) for damages done by or through the order of Nicobu- lus, here makes an offer to settle the case by torturing a slave belonging to Nicobulus, to find out if such orders were really given. If it should appear they were not, then damages are to be paid (assessed by Mnesicles, who is to conduct the inquiry) for any loss of time or bodily hurt resulting from the torture. This proposal might have been fair enough if a third party, Mnesicles, was allowed to con- duct it ; but it became unfair when Pantaenetus himself con- ducted it on purpose to extort evidence in his own favour. [See also Meier and Schomann, Att. Proc. p. 188, note 69 ed. Lipsius.] drlfiriTos, opposed to Tiyciijroy, means ' unassessable, ' or where the penalty or amount is fixed by law. In the other case it can be laid at the discretion of the jury. See Mid. p. 543, 90. 6(f>\fiv, 'that I should have to pay to him the sum charged in the suit' (two talents). 124 XXXVII. [4043 evat rr &Kpos, and irpofiaToyvd)- Ag. 768, 1099. Hesych. eiroirTrjs. The term was applied to the inspectors of the sacred olives (Boeckh, P. E. p. 305). tyyvirras] Sureties that I would abide by the terms of the challenge. 41. I signed the challenge though I thought it unfair t)iat I should have to pay so much for damages on the testimony of a slave, icho might be tortured to death, and made to say any- thing. But no sooner was this done, than he makes another challenge, again to bring the matter before the jury, though it had in fact been quashed by the former challenge. vov yap] ' It cannot be right that.' So Eur. Ion 528, irov 64 /ML irarrip crv; Heracl. 369, TTOU TO.VTO. xaXus &v eirj irapd y' eS pOVOVfflV, fl firjS^v K.T.X.] It was unfair that his risk should be nothing at all, supposing the result of the torture was in my favour. It would seem from this that in the case of a TrpoKXycris, or chal- p. 979] IIPO2 HANTAINETON. 125 yeypa/jifj,eva Kal Kara ravra Trpdrretv o n So^ai (8id yap rov 06pv/3ov rov z rare Kal TO fjte\\eiv Ka\el povovfj,evoero ~rbv bijfLov HiravTa. pi) is a conjecture due to P. A. Wolf, accepted by Eeiske and Dindorf. 126 XXXVII. nAPAFPA^H [ 4347 ' OTL 8' ovv ^vayKa^6^r/v,7rap^ a ^yovfjLrjv Bwaia elvat,, dvrnrpoKa\eta-dai, teal TOV olfcerrjv TrapeBiBovv. Kal OTI, ravr dkrjOfj \eyco, \eye TTJV 44 f&vywv JMGV TOIVW ravra, ov i\a)v TCOV Havrai- verov Kal TWV vb^wv. ov yap eywy eTreB^fj-ovv, ovB J 45 BouXo/zat B' vfMv Kal Bi wv TOI)? irpoTepov BiKa- ex6fi.evos] viro^inav. By pa- tiently enduring all this impu- dence from him. He wished to be thought ^rpios and eiriet-T/s, but found himself despised as &\j/vxos. 6'n 5' oZv~\ 'However, as I should have been compelled (lit. as I was being forced by the circumstances) to give a counter-challenge contrary to what I thought was right and fair, I did even offer to give up my slave.' If he had de- clined to act on this irp6K\^- avTrjo-0aL. OVTOS yap rjTiacraTO eKelvov TT/JO? avracrt Tot? a'XXot? e\66vT et TO> /J,ev ^SiKrjKOTt, KivSvvo? Trepl TOV Ti^pr) Tradelv r) atro- Tio~at,, Tc5 S' eTre^tovTi per oiJSe/Ata? ^/ita? 77 ftoijdeia, ovSeTro) Kal Trj^epov egrJTa TTiQavwrcnw Trdvrfov dvOpa>7ra)V /cal /cal ro3 fji^jSev v'7rocrT\\6fji,evov e eavrov Z. the precise charge he would have to defend himself against. But a ' mining-suit' was trumped up against him; and as other counts ( 45) were added to rouse the indignation of the jury, he was thus unfairly con- demned. tx eiv ] Here for Svi>a' $, K.r.X. ' found him guilty of the charge upon which they sat in judgment.' Kennedy. 48. If then the plaintiff' succeeded in deceiving the jury before, will he scruple to deceive you now 1 Will he not rely for success on the false evidence of his good-for-nothing friends I rots irpd-xfj.aaii>~\ The facts of the case rather than the mere assertions of himself and his witnesses. ffwearwai, ' pack- ed;' see 39. ffLv] ' In his being ready to cry. ' This use of the future (r6 woi-^crfiv facturum esse, &Q.) belongs to the later Attic, the Ionic form in --rjffw of K\aiw, or /cXaw, common in the earlier dialect (ruTrr^crw, xcupTjcrw, /3aX- A?)crw, &c.), being retained. Wdtv, K.r.X. Cf. Mid. p. 537, 70, Ty /J.rjd& viroaTei\afj.frtf) Trpos vj3pu>. The term is per- haps military or nautical ; pro- bably the former, in reference to the withdrawal of troops. The origin of the phrase is how- ever rather obscure. Hesych. effai' va- dtiecrOai, do\ietieJ raOra K.T.X.] ' Those who helped you to raise the ready money and enabled you to satisfy your original creditors.' rjSiKriKfis] See 7, rCiv ev TCUS ffVvdlJKO.I.S TTOIOVVTOS Ol/deV TOVTOV. P. S. D. sc. ws 6ra. ' To disfranchise him besides.' If, with the Zurich editors, we print this as one word trpo\riffei. Inf. 56, we have diKyv Trpo\eiv. S.] Kal TOI>S /C.T.X.] 'And whereas one may generally see those who borrow having to give up their property, now it is the lender to you who has to suffer this : he lent you a talent, and for that he has been condemned to pay two by an unjust and vexatious action.' o s] ' The lender,' ' the maker of the contract. ' So Or. 34 1, ffv/j.j36\a.ta iro\\ols o-y/i/SaXXo^Tey, and inf. 54. He is now speaking of Evergus (TO.\O.VTOV l&vtpyov, 4). S6o, see 46. 130 XXXVII. 5053 fj,va<$ Savel(ra$ Bvolv Ta\dvTOiv TavTr/vl KOI e'(' ot? SaveLaa(r6ai /J-ev ov^eirwiror' eBwr/dtj 1 ; e/ca- TOV fj,vwv TrXeoi/, 7re7rpa/eaet 'ZiuKvdyv KO! Kvpiov. [Meier and Schomann p. 573, note 58 ed. Lipsius.] uffTrep Kvpiov] As if he had p. 982] IIPO2 HANTAINETON. 131 'EiTreiSdv Toivvv Tt9 avrov prjrat "Kal ri SiKaiov 52 valoi TOVS Savei^ovras' Nio/3ou\09 S 1 7rl(f)dov6<; ecm, 3aBlei, Kal /j,ey(a 8' dStKeiv ftev 53 982 ovSeva ru>v Bavei^ovrwv oi/u,at k , fAHreiadai pevroi n- va<$ dv et/coT&)9 vfi v/j,(av, ot Teyvrjv TO Trpdy^a TreTTOirjfji.evoi yu-^re avyyvGOfj,?)? /AT/VaXXof fj,r)Sev6s eltriv J + 6 Z. k o?o/xat Z. any authority of his own, and was not entirely the tool and property of his master, who is responsible for his actions. ' Who ever commenced an ac- tion against the master, and charged the facts against the slave, as if he were his own guardian ? ' Kennedy. 52 4. Unable to substan- tiate any real charge against me, he will descend to general platitudes against money-lend- ers; as if that were not in it- self a proof that he has nothing better to say. rax^ws /3a5t'fei /c.r.X.] Or. 45 77, TTJS fj,v 5i//ews rf; ' ols yap ov5v ^X w 7roXXa%oi). Cf. infr. 55. Aristotle, in one of the touches that remind us of the Charac- ters of his pupil Theophrastus, ascribes to the /Jieya\6\j/vxos (Eth. iv ix iii) /c/i/ijcrts /Spa- Seta Kal 7) flapeia /cat X&jts ffrdopei] Theophrast. Char. 21 (Mt/cpo^iXort^as), 5ei- vbs VKokiuv K A.aKedai/j.ovos. From many passages in Aristophanes (e.g. Vesp. 33, Eccl. 74), as well as from the chorus in the Agamemnon who are said rpl- iroSas 65oi)s crret'^ew (80), it is evident that sticks were com- monly carried by the more aged at least. [Cf. Lysias 24 12, and Eur. H. F. 254; and see Becker's Charicles, i 159 = p. 87 of English edition, and K. F. Hermann's Privatalt. 24 12 = p. 184 ed. Bliimner. S.] 53. T^x^n" TreiroiTi^voi] ' Make a trade of it. ' Kennedy. From Ar. Eq. 63, where the same phrase occurs, it would seem to mean 'a crafty or cunning trade.' /UTJTC ffvyyv&pris, 'who care neither for humanity nor for anything else but the lust of gain.' Kennedy. The reading seems in some way faulty here ; either eTrtyueXets elalv or (ppovrl- ov. 8id yap TO KOI 8e8avelcrdat TTO\- A,a/a9, jj,r) H.QVOV avros TOVTW 8avet /u-a At" 54 ov8e GVKofyavTW. ocrrt? 8e eipyacrrat pev cacnrep eycij 7r\eo)v Kal KtvBvvevoyv, ev7ropTJa-a<; 8e piKpouv e8dvei dv8pe$ 1 + air6j Z cum SrA 1 . veniam. luaeiadai TrXe/oyos. Sal- lustius in lugurthino : homines multarum imaginum ac nullius stipendii (85, 10).' S.] The sense of /JLT^TC (as different from cure) would, as usual, be given by the Latin nihil curent instead of curant. SeSa^eta-flat, i. e. SaveLffacrdai. diroareput] As Shilleto re- marks on Thuc. i 69, and as indeed is well known, this is not 'to deprive,' but 'to keep back from another what is due.' Our monosyllable ' to rob ' renders it fairly well. 54. ir\4uv] See Or. 34 30. e^Trop^cras 5, 'and who has lent at interest his small profits in order to accommodate his friends, and that his money may not be imperceptibly frit- epw Trap prjcr ia<$. eyw m aurdv Z. tered away.' Kennedy. (More closely, 'from a wish not only to oblige, but to prevent his money from slipping through his fingers without being aware of it.') et's tKelvovs, why should he be classed with those others who T^X*' 7 ?*' JTBTfflflJPTBt? (Tot Saveiffy; /c.T.X.] A very hard hit indeed. rts eyti) /c.r.X. ] Here, as in Or. 39 25, rt's = Trows. 55, 6. The evidence just read has shown that I am not a hard or dishonest man, though it happens that I walk quickly and you walk gently. I am sorry I cause annoyance to others, but I am what nature made me, and no man can alter that. p. 983] IIPO2 HANTAINETON. 133 jap ov^l \e\rj6a efMavTov,ovS > ay vow ov TWV ev TcefyvKo- T0)v Kara ravra dbv dvdpa)7ra>v,ovSe TGOV \vo~iT\ovvTO)v eauro49 n . el yap ev ot? uii&ev w^eX-ovpai, TTOLWV, XUTTCO , TTCO? OVK aTV^oo Kara TOVTO TO fj,epo$ ; d\\d rt 56 elv ; av r&> Selvt 8avel(rc0, Sid ravra BIKIJV elv] urjSa/jbaJs. Kaiciav yap efiol Kal Trovijpiav OV0 1 ovrof Trpoaovaav ov8ejj,i,av Sel^ei OV& 1 V/AGOV TOCTOV- TCOV owrwv ov8e el ev TrevK&Tuv] ' One of those favoured in these respects by nature.' For a parallel to the whole of this passage, see Or. 45 77 quoted above, 52 n. So strong was the Greek apprecia- tion of rb KaXbv that they asso- ciated moral with merely phy- sical qualities. taurois seems a necessary correction for e/uaury, which would require T&V Xuu<7eos, K.r.X. ' (and that he should have such is a necessity) : for,' &c. yvwvai 6' I86vra] ' Though it is easy enough to remark and criticise them in another.' Ken- nedy. Hesych. eTritrX^eLV en-eX- Oelv, eTTiTifjLrjtrai, vftpiffcu. He is supposed to refer to II. xxni. 580, Kal fj.' ovrivd [*,e,ovSe jrparr/pa tjloMFOG VTTO- crrrjvai TOV ye Seivd ere Kal 7ro\X.a q elpyacr/jievov. elra Kal 7r&>9 av 6 [jurj jrapwv fMr/B' eTTtS^yLtcSi' eyw rl ere 7781- 58 Krfcra ; el TOIVVV &)9 e7rt8etfa9 pr) Kadapov fie- i ptyaXa Bekk. 1824. otoaat Z. s eicovfflov Bekk. 1824. ed by me when you resolved (were making up your mind) to commence an action against Evergus, nor required one who had done you the many grievous wrongs you pretend, to promise to sell you the property.' viroai] The omission of flvajL in this idiom is remark- able. So in Aesch. Bum. 195, x&TTfi6' virtffT-rjs ai'/xaros S^KTwp vfov. Shilleto has given some examples on Thuc. i 32 4. 58. But, if I had really wronged him ever so much, and if all he intends to say against me were true, this at least is certain, that worse wrongs have been condoned by others, and so made no longer actionable. Kal yap] See on 34. d\X' 8/j.ws] ' Yet in all these cases the law has appointed one limit and one end of the dispute in the settlement by mutual consent.' 59. The strongest case of this is seen in tJie law which acquits even a homicide if the dying man forgives him. aKovfflov] This, the manu- script reading, is more probable than Beiske's conjecture eicov- ffiov, which is adopted by Bek- ker, followed by Kennedy; for it is not likely that deliberate and intentional murder would be pardoned. ^.TJ KaOapbv, that he is tvayijs, or has contracted a guilt requiring formal expia- tion. aldeiffdai, ' to show mercy to a suppliant,' is almost a technical term. [The whole of this passage ct TOIVVV rbv avrdv eariv, and 60 eW vwtp Kara- \vdri6i>ov, K.T.X. (though one MS the codex Bavaricus has ixovflov) p. 984] EPOS HANTAINETON. 135 TO. rawr' alSe&rjTai, Kal dfyfi, ou/cer' K/3a\eiv rcvpios TOV avTov ecTTtv. ovSe 7', av o Tradmv ai/ro? d(f)fj TOV 6v(i> (peijyeiv 2ws &v alS^ff-rjraL TIVO. rCiv ev ytvei TOV ireirovOoros, also ib. 77. S.] e/c/SaXeij'] 'To procure his banishment,' contrasted with eKiriirreiv Kal Ta (p6fiov eKaarwv vtpi, i. e. that single phrase ' if you please ' does away with all fear in everyone of these questions. 60. el irpayfjia K.r.X.] 'Your abolishing in our time a sound rule of practice established ages ago.' Kennedy. The defendant closes his speech with putting forward prominently, and by pointed examples, the legal effi- cacy of acquittance in barring further proceedings; and it is evident that this is the plea on which he mainly relies in bring- ing his irapaypa.^ against the claims of Pantaenetus. e TI^WV] The last two words are omitted in Or. 38 22, and indeed are hardly necessary, as vvv is quite sufficient as a con- trast to e/c Trovrds TOV xpo"ov. Perhaps we should here read v' vfj.wv, 'by your present de- cision.' OR. XXXIX. IIPOZ BOIQTON IIEPI TOY ONOMATOZ. THIS speech turns on a point involving some curious questions in the rights of citizenship. It is primarily this : whether two sons of the same father, both en- rolled as citizens, have a legal right to the same name. The civil disabilities resulting from it are described in detail ; and although such difficulties could hardly arise with us, who use a plurality of names, the Athenian cus- tom of describing a person solely by one name 1 , with the addition of that of his father and deme (borough or parish), made it impossible, in such cases as election by lot to any office, or the appointment to any service, to know, 1 "The peculiar system of the viKov, Komans enabled them to asso- Xc^e^'d^s QiXoKparovs, &c. Nor ciate with the individual's name can it have been an accident an intimation of his clan and that in Demosthenes' family his family. But the Greeks, there should be so many persons without such help, endeavoured named from dijfios. The name to make a single name indicate Demosthenes was borne by his as much as possible concerning father, Demon by an uncle and the individual's relationship. a cousin, Demophon by an uncle, Thus a Mantias names his son Demochares and Demomeles by Mantitheus, preserving one ele- several of his kinsmen. We ment of his name, and varying trace in this the democratic and the remainder. This method political bias of the family." was exceedingly common, as ap- Kev. E. L. Hicks in Nineteenth pears from the witness of epi- Cent. no. 61, pp. 391, 398. taphs, such as Ar]tj.ov Arj/j.0- IIPO2 BOIHTON HEPI TOT ONOM. 137 publicly at least, which of the two was intended. It is distinctly affirmed in 32 and 40, that no Athe- nian citizen ever called two sons of his own by the same name. To remove this practical difficulty an action is brought by Mantitheus, the son of Mantias, of the deme Thoricus, and of a daughter of Polyaratus (Or. 40 24), against his half-brother, by name Boeotus. This man was the son of another woman, Plango, who, though but the mistress of Mantias, was an Athenian citizen ; and the citizen- ship descended to the progeny of acrroi on both sides, even without the legal form of marriage 1 . It appears from the speech that Mantias had, either in reality or in pretence, felt some doubts about this Boeotus, and another brother called, after the mother's father, Pam- philus, being his sons by Plango. Boeotus, however, at what age is uncertain, had been persuaded by his friends to represent himself as an injured man 2 , and to insist on being recognised as the son of Mantias, and as entitled to the rights of citizenship. Mantias was re- luctant, but an action was threatened to compel him. Unwilling, for some political reasons, to appear in a public trial, he endeavoured to settle the matter by i.e. by proposing that Plango should declare 1 Adoption, or recognition of promise, rather than a posi- parentage by the father, was tive legal right. The passage however necessary. Mr Ken- in Or. 40 9, oiid TTJS /j.t]Tpos nedy assumes that Mantias must rijs tfj.fjs diro6av ofays -fi^twcrev subsequently have married Plan- avrty els TT\V olidav Trap' eavrbv go; for he says, "had she never ela-S^aa-Oai, seems nearly con- been more than a concubine, elusive against Mantias having her sons could not have had subsequently married her. heritable rights " (Introd. p. 2 From 18 it seems likely 253). That they did share in that he had enlisted popular the property with Mantitheus, sympathy; and this may in is clear; see 6, and Or. 40 some degree explain the pro- 48. But it is not clear that bable result of the trial in his this was not an arrangement favour. effected by sufferance or com- 138 xxxix. npos BOIOTON on oath before an arbitrator, whether Boeotus and Pam- philus were her sons by Mantias or not. She had as- sured him privately that if the oath on the affirmative were tendered to her, she would decline to take it ; and it had been further arranged, that a sum of money should be paid to her for so declining it. She, however, had un- expectedly sworn that they were her sons by Mantias ; and thus Mantias was obliged to enter both sons in the clans ((frparpLai or 'families'), according to the established rule of the first enrolment or registration of citizens' children, which usually took place at an early age. It was then that the name of Boeotus was given to the elder, that of Parnphilus to the younger son. However, before the second enrolment into the register of citizens (in the ypafMfjiaTeLOv Xrj^iap^LKov) had taken place, Mantias died. Boeotus then, dissatisfied with the name (which, though taken from his maternal uncle, he pretended had been given him in contempt 1 ), contrived to get himself registered as Mantitheus. The true Mantitheus resents this : he had, in filial obedience, recognised his half-brothers, taken them to live with him after his father's death, and acknowledged them as his co-heirs. But he insists on his sole right to the name of Mantitheus. Both in this and in the next speech, which is intimately connected with it, examples are given in which real inconvenience had resulted from the two having the same name. It seems that Boeotus had founded his claim on his elder birth (o>s 8rj irpeo-/3vTepo<; wv, 27). Mantitheus does not affirm that he is himself older in years, but pleads that his registration in the phratry took place before that of Boeotus ; and he contends that the precedence in being inscribed in the city register should be dated from that time. 1 27. Compare the proverb Boiwrta vs, in Find. 01. vi 90. IIEPI TOT ONOMATO2. 139 The precise age or period at which Boeotus procured his enrolment into his clan or phratry is not stated. It appears, however, that he was old enough to co-operate with (/*#' eavTov KaracrKeuao-ai, 2) a party who under- took the management of the affair. At whatever age an adoption took place, the registration in a phratry was required (Ar. Ach. 146 ; cf. Ran. 418). That the plaintiff Mantitheus lost his cause seems probable from Or. 40 17, 18. It is there stated that Mantitheus brought an action against his brother by the name of Boeotus to recover the dower of his mother. This cause was given against Boeotus by the arbitrator ; but he had denied that this was his name, and said that he was Mantitheus, not Boeotus 1 . This could not have been said, unless in open contempt of court, if he had been adjudged, in the present trial, to retain the name of Boeotus. [Had the plaintiff gained his cause we may be quite sure that in his subsequent speech irf.pl TrpoiKos (Or. 40) he would have expressly asserted that it had been legally decided that the name of Mantitheus belonged to himself alone. Further, in the latter part of 18 of that speech, the suit Trepi 717301*09 is described as directed against the defendant under the name of Mantitheus 2 . Hence Diony- sius of Halicarnassus rightly calls the first speech Trpos BOIWTOV virep TOV o'vo'/Aaros and the second TT/DOS Mavrt- Oeov Trepi TrpoiKo's 3 . It may be interesting to add that, in 1 oOre TjinidiKei r6re irapuv, portions of his treatise on De- ofir' ir) fie Ka.Ta.5{.a.iT-/) avrf ~M.avTid^...vvv notion that the speech irepl cfc i!/taj KaTairtfavya. TOV 6j>6/j.a,Tos was written by the 3 Both speeches were carefully later Attic orator Deinarchus, discussed by him in the lost and assigns it to the archonship 140 HPO2 BOinTON IIEPI TOT ONOM. an inscription referring to a date shortly after B.C. 342, or at least eight years after the present trial, both the elder and the younger Mantitheus are mentioned with Pamphilus as heirs of Mantias 1 . The date of the speech is determined within narrow limits by the reference to the battle of Tamynae (16 n.), which may perhaps be placed in the spring of B.C. 350. The trial probably took place in the autumn of that year 2 . S.] of either Thessalus (01. 107, 2 B.C. 351 0) or Apollodorus (01. 107, 3 = B.C. 35049). A. Schaefer, Dem. und seme Zeit, m 2, p. 222 S., and Boeckh's Staatshaushaltung der Athener (2nd German ed.) i, p. 6801 =p. 675 trans. Lamb. See also Blass, Att. Ber, in 288, 416, where it is observed that Dionysius was misled by a false reading IltfXas for Ta.fj.vvas in 16, the former referring to the Athenian naval expedition to Thermopylae in 01. 106, 4 = B.C. 353 2. Blass assigns the speech to the year 348. 1 The inscription (as restored by Boeckh, Urkunden iiber das Seewesen X d 412 ; cf. p. 380 f.) is as follows : Manias 6o/>kios], Ta.fjda[s yfv6/j.evos et's TO, vew]pia Ka [dpxovros] ' inrep TO[VTOV [Gop^tos] HHHAnh, MavriOeos 6[o/M/c](tos) -- , MavriSeos [60- plK\ (tos) -- . A. Schaefer, u. s. pp. 214, 220. - A. Schaefer, u. s. p. 223. XXXIX. EPOS BOIQTON IIEPI TOY ONOMATO2. YIIO0E2IS. Maz>Tia yap 'AOrjifrjo't. Mavria T prjropi. a/uf/Kcr/S^TOUJ'Ti irpbs rbv vlbv T) iM]TTr}p The evidence of inscriptions proves that he was treasurer of the Athenian dockyards a- bout 360 B.C., and concerned in the registration of vessels in the harbour of Munychia; at a later date (after 342 B.C.) his heirs had to discharge a debt incurred by him in those duties. (Cf. 25, T/S yv xP r )/ JI - aTLa " r ^ s ' 7rar?7/3.) See note 1 onp. 140, and Arnold Schaefer's Dem. und seine Zeit, in 2, p. 214. S.] 2. ywaiKa] The lawful wife of Mantias was the widow of Cle- omedon, son of the famous demagogue Cleon. Or. 40 6. S.] 3. irpoffr/ei] Here the plus- quam perfection, 'he had had connexion.' The name 11X07- ybvi is perhaps a inroKopwyxa, as the word means 'Dolly.' Hesych. TrXayywv Kripivov n KopoKOfffuov, The fact of this woman being acrTTj, not SOV\T] or ^evrj, made the sons legitimate, if acknow- ledged by the father, even if the marriage was not Kara. v6fj.ovs. 142 XXXIX. EPOS BOmTON [ARGUMENT epWTlKTjV 7Tl0V/ALaV, "ATTiKrj ryvvaiKl. TaUT?70evT<> e'St/cabz>TO TOJ Mai>T/a, eavrwv eivat ira- repa dcrKovTe<;' 6 Se dvreXeyev. eVeira dva\a/j,/3dvei 994 roi)? TratSa? dvayicacrdels OTTO IBlas Trpo/cX^creco?, ^i> aTraTrjdels eTrotrjcraTO. irpovKoXecraTO pev yap TTJV Tl\ayy6va o/ioaat Trepl TWV 7rai8a>v, el ovrax; elalv e 10 avrov, v7roa-^6/J,evo<;, el o/AOcreiev, efAfteveiv TCO op/ccp' TrpovKaX.eaaTO Se aTrarriOel^ a;? ov Be^opevr)^ rov opfcov rfjs yvvaiicos' vjrep rovrov yap teal picrQov avrrj crvxyov e7nje(tda.i. So Or. 48 53, 1 0\vfj.Tri6dwpos yap ovroffl yv- VCUKO. /J.ev o.arr\v Kara TOVS v6fJ.ovs ovd' flfflv avrtj) iraides ovS' ey^- VOVTO. 6. dva\a/j.pdvei] Suscipit, 'ac- knowledges as his own.' 8. airaTTjOeis] The gram- marian goes on to explain this. He first explains irpo/cX^o-ews, and then TrpowcaAetra-ro diraTri- ffeis. Mantias had wished not to recognise the sons; and Plango, induced by a promise of money, had given a pledge that, on the oath being tendered to her, she would swear they were not by him. But she (induced per- haps by her affection for them, or perhaps by a still larger bribe on their part) had sworn just the contrary, viz. that they were her sons by Mantias. ib. irpovKa\tcra.To] This word, ' to make a formal offer,' governs a double accusative, ri riva. So TToXXd. TTpOKa\OVfJ^VOV, SC. TOV tpwra, in Ar. Ach. 984 Or. 30, irpbs 'OVTJT. 1, TroXXot Ka.1 SiKcua. TrpoKa\ffdfj.evos dfj-fiorepovs, and wpOKaXeiffdai nva irpo^TjaLV, Or. 56 17. 10. e/j.fji.freii>] ' promising to abide by the oath,' i.e. which- ever way she should make the declaration, and even against his own wish or belief. 12. virtp TOVTOV] SC. roO /XT; 14. Xd0pa] Construe with /cat &/j.(i}fj.6Kei, not with irporewo^vov. She had even sworn privately, i.e. she had even gone so far as to swear. Such a compact was fraudulent and illegal, and for that reason, perhaps, se- cretly made. ib. irporeivo/jievov] ' When of- fered.' Perhaps TrporfLvo/j^vov, i.e. ai/rou, ' should he offer it.' 15. Trpo/caXecra/u^oi;] ' When he called upon her to make her declaration on oath. ' ffw6r)Kas, the pledges she had given that she would decline to take the oath. p. 994] IIEPI TOT ONOMATO2. 143 Ta9 crvvOr)Ka Ka\eicr6ai 20 Trpoar/Keiv, OTrep eg p%*?9 coVo/Lta^ero, Kal pr) Mai/Tt- 0eov' TOVTO i\o- Trpdyfitov Kal e/c TCOZ/ arv/jb^ijcrofjievfav, el /XT) TOVTO 2 BiopdwcrofAai, ev vfj.iv Kpidrjvai. el fJ,ev ovv erepov n- vos OVTOS (f>r) Trar/30? elvai, Kal /U-T) TOVJMOV, weplepyos av etKoro}^ eSoicovv elvai (frpovrtfav o Tfc ySouXerat Ka- \elv ovros c eavTov. vvv Be \a^wv Btfcrjv ro3 Trarpl T3 auros Z. genious fraud, to induce my father to recognise him and his brother as his own sons by an- other woman. He had hoped she would not swear to his being hers by him; but she did swear it, and they were accord- ingly enrolled in the phratry as his. And now, my father being dead, he has gone and entered himself in the city re- gister by an altered name, which is the name that I had previously received. oi/5e/u K.T.X.] ' It was not from any fondness for lawsuits, I protest by all the gods, gentle- men of the jury, that I brought this action against Boeotus, nor could I be ignorant that to many it will seem strange conduct in me to bring an action at all, just because another chooses to have the same name as myself; yet it was necessary, from the consequences that are sure to ensue if I do not get this matter set right, to stand a trial before you.' The proeme is unusually brief, but it sets forth the case in a very clear and business- like way. ?v rivi (or rather Zv TLffi) KplveffBai is the regular idiom, as 5iicr)i> \a.yxa- veLV i g the familiar term for ' bringing an action,' derived from the ob- taining leave (originally by drawing lots) to bring on the suit on a certain day. The bringing the action actually in- to court is technically SlK-rjv elfffKdelv or floi/ d ekovra etceivov, /cat roLovrovf rivdi\ov 6vyarpo dvBpes BiKaaral) apa pev et, or Nico;, as ij N/i/os is a strange form for a woman's name. Allusion is made to this person, who was a priestess, in IlapaTrp. 281, where the schol. says she was put to death, ws S /ue^' eavrov, rb Ipya.- ffrrjpLov Tuv ffvvecrTd)T. In the parallel passage of Or. 40 9 we have Trapacr/cei/acrd/uevos epya- ffrypiov ovKocpavT&v. For fKelvov, 'that notorious man, 'comp. Or. 35 6, Qpa.ffv/j.7)5ris 6 Aiotpavrov ni6s, exelvov TOV 20ijTrt'ov. In Or. 40 32, it is Menecles who is charged with being the real P. S. D. author of the whole plot. uios elvcu, i.e. the son of Mantias, and not of some other man, as Mantias wished him to be thought. K TTJS Ha(j. evravdi avTO) f , (i/j,a 8" e^ctTT arrj dels VTTO rij Z. g avry Z. Hermann, Privatalt. 68, note 20=Eechtsalt. ed. Thalheim p. 91, quotes Antiph. de Chor. 50, Lysias adv. Philocr. 6, Isoer. de Soph. 5. S.] 4. KaTo/j.6ffaff6ai] Lit. ' to swear by a given object.' Hence the genitive in Ar. Equit. 660, /cor A XtX/ow ei/xty Troi-fjffa.ffda.1, and firapourao'daj. /cor' e^oiXeios, 6[u>6- vai Kara iraidwv (Or. 54 38). Compare Karayopaacu, 'to buy goods as against a loan of money, ' Or. 34 7. The primary idea must have been adverse action against some one. pa.Tepas] After the adoption, the first enrolment into the families took place; a politico- religious ceremony. Ar. Ach. 145, d 5' woj, ov 'AOrjvaiof tire- iroirineOa., rjpa. (payelv aXXaVray e 'AiraiTovpiuv, i.e. eyypa.ecrdai. th TOI)S 0/3arepas. [Harpocr. 'Airarovpia : eoprri ns Trap' 'A6rj- vaiois -fjv dyovffi Ilvaveif/iuvi Tj^pas 5' K.T.X. Id. (ppdrfpes: Ay/A. irepl TOV ovofiaros. paTfpts dt ol TTJS avTTjs (pparpias /jLfT^xovTes. Hermann's Political Antiquities, 99. S.] Cobet, Far. Lect. p. 350, shows that paTfpes is the true form, not tppaTopes. p. 996] IIEPI TOT ONOMATO2. 147 ev Botcoroy et? roi)? , TOV S' erepov Tldfju(f)i\,ov' Mai>Tt'$eo? S' eveyeypdf^fji'rjv eyw. 996 (rv/ji/Bdcrrjs 8e raj Trarpl* reXeur^? Trpti/ ra? et? TOI)? 5 8?) floras eyypafids yevecrdat, ekdciov et? TOI)? S^/AOra? ourocrt ai/rt BottwToO Mavrldeov eveypa^rev eavrov*. TOVTO 8' ocra /SXaTrret TTOIWV TrpwTov fjuev e/ie, etra eyw SiSafco, eVetSay wj/ \e'7&) MAPTTPE2. *Ov fjiev roivvv rpoirov 77/40*9 eveypa\Jrev 6 Trarrjp, 6 a/c^/coare roov /juaprvpcov' OTI 8' ovtc olo/j,evov TOVTOV Seiv e^fjbeveiv, St/catW /cat dvayicaiws e\a^ov rrjv BiKrjv, h ra/ti^cry Z. ' + TTJJ Z. J auroy Z. k om. Bekk. 1824. TOVTO 8, K.T.\. 1. 6. TOUTO TTOL&V offa /3Xdirrei ^/x.^, /c.r.X. 6. tpidveiv] To abide by the name, Boeotus, which his father thought fit to give him. diicaiws, K.T.X. to be construed with ^Xctyoj'. cyu} *y^P t.T.X, 'for, of course, I am not such a dolt nor so inconsiderate as to have consented to take a third share of my father's property, (though all of it was coming into my possession,) on the ground that my father had adopted these men, and to rest content with that, and then to go and quarrel with one so near of kin about a name, were it not that our changing our name (i.e. my changing mine) was likely to bring serious dis- credit and the charge of want of proper spirit, while his having the same name with me was on many accounts im- possible. ' 102 'By the name of Boeotus.' If this was the name given at the Apaturia, when the first enrolment took place, the name Mantitheus could not be substituted for it at the second enrolment among the darol, viz. when, on passing the BOKI- fuurla, the young men were en- tered on the ypa/j.fj.a.Tiov \rjiap- XIKOV. Of. Or. 30 6, ra.yj.ar vrjp evcu. tveyfypawrjv] 'I had before been enrolled (in the phratries) as Mantitheus.' Therefore he had a prior claim to the name. 5. et's TOI>J Sri/jLoras vypwpev\ The enrolment of Boeotus in the later register was fraudu- lent, and succeeded only because his father was dead. See Or. 40 34. Such an event argues some carelessness in the keep- ing of the state registers. [See Hermann's Political Antiquities, 121, and A. Schaefer, Dem. u. s. Zeit, m 2, 1938. S.] 148 XXXIX. HPO2 BOinTON [ 68 TOVT" r/8r/ Sel^a). eyco yap ov% ovra> STJTTOV ware rwv fjuev irarpuxav, a iravra epa eytyvero, eVeto^Trep eiroirjaaro TOVTOVS 6 Trarr/p, (rvyKe^copij/cei^ai TO rplrov vei^aadaL /J,epos teal o-Tepyeiv eVt TOVTW, Trepl S' ovd^aros ^vyo^a-^elv, el /j,rj TO /jiev r)[Jbaepe /cal dvavSplav, TO Se ravrov e^eiv TOVTOV TJ/JLLV ovofjua Sta TroXV dSvvarov r\v. 7 TlpcioTov ftev yap, el Set TO, tcoivd TWV I8la>v (T/catos . . . aXo-yca-ros] ' Stupid and unreasonable.' eyfypero] 'Which were be- coming mine,' before my father was driven to adopt them. TO rpirov ^pos] Or. 40 48, Kciyu fj,v dia. TTJV TVUTWV fjLrjT^pa TO. Svo (itpT) TTJS oucrtas d Aporpov a^eiav, TO 8 Zpyov erwcrtoj' avdi \iTroiev. It is from the latter simile that the author of the proeme to the Iliad says e ou STJ TO. TrptDra Siaffrr/rrii' epiffavre 'Arpet5r;s re &vat; av8p>v A%tX\^s. Hesych. ^1170- rb TO?S It is a verb of the later Attic, used by Menander. 7 12. An enumeration of the anomalies and confu- sion that would result in the state from two citizens bearing the same name. (1) Supposing some public service is imposed; u-liich of the two is to perform it? (2) Or which of the two is to pay the penalty for re- fusing to perform it? (3) The same may occur if the name is entered on the list of contribu- tors, or in the military list, or for any public function to ichich the archon or other authorities are nominating fitting persons. It would be possible, but it would also be illegal, to distinguish them by adding the name of the mother. (4) Or suppose a judge or umpire were nominated ; who is to know ichich is summoned? (5) If, on the other hand, the appointment is not a burden, but an honour, there would be no way of knowing ichich of the two was elected by the lot, un- less indeed a mark is put on it ; and even then the meaning of the mark would only be known to a very few. (6) If the two should enter into a compact that the lot drawn for the one should be counted for the election of the other ; that would violate the law which orders, under penalty of death, that " no citizen shall have more than one lot drawn on his behalf." 7. ra KOIVCL] ' To mention public before private difficulties, in what way shall the state im- pose the duty, if there is any- thing to be done,' i.e. any bur- den or liturgy to be performed ? p. 996] HEPI TOT ONOMATO2. 149 Trporepov, TW rjfjilv r/ 770X19 eTTird^et rpcnrov, av TL Bey Troie.lv ; occrovat 1 vrj Ato, ol &fj\ov ovv e is the techni- cal word in this sense, whereas TrpoffTaaaew is used of general commissions, orders, or ap- pointments ; in poetry even rdcr- fffiv, as (puveiv era.^d'qv Trpbs ov SidaffKaXov, Aesch. Eum. 269. We have oiKtTy 7rpooLTq.s, Ar. Vesp. 686. otvovffi, 'the members of the tribe will propose the name (or 'will return us') by the same formula as they adopt for the citizens in general,' i. e. by the name of the person with the ad- dition of his father and his deme or ward (borough). xoptjyov] ' Choral-Steward.' Prof. Kennedy. ecmaroyoa] [Harpocr. etrrta- Tbjp : 6 TpaTrefrdv Tien TrapaTideis. Al7;U. fV Ty 7T/30S BoiWTOV. dffTlUV TCIS v\as ol fj.ev eOe\ovral, ol 8e K\rjp /j.ev yap] As we neither of us shall like the duty, we shall try to shift it on to each other's shoulders. Kal 5r}] ' And now suppose, ' as in Eur. Med. 386, /cat 5r; Tedvdo-i, and often elsewhere. //.era TOVTO] After the refusal to serve. By the words 7r/)6s &VTIV av rj r; Ski?, 'before what- ever judge the cause is brought,' we must infer that the liturgies were appointed and enforced by different authorities. 150 XXXIX. IIPO2 BOIHTON [810 ovnv 11 avy rj Slrcr/. ov% vTraKovopev. ov \eirovp- 7TOTe/)O9 TGU9 K Twv vofjicov carat $rffUai$ evo- rlva S' ol o-rpaTTj'yol rpcnrov eyypdtyovcriv, av et9 997 ecrrai 7r6rep6<; ecrff 1 6 /caTi\opav /J.TJ Ko/jLifrrai. These classes were, of course, a shifting list, accord- ing to the changes of fortune and the census of the citizens. Whether a certain number only in each tribe could be put in the first or richest class, may be doubted ; but the rich tribes would reasonably bear a greater share of the state burden than the poorer ones. The subject is fully explained by Boeckh, Publ. EC., Bk. iv. chap. xiii. 9. 6 KaTeiXty/j^vos] ' The person entered on the military list,' ' enlisted.' Here also the technical term was eyypdepe, el 8e KpiTr)<; /caXotro Matri^eo9 Mayrtof 10 o/3t:t09, rt ay Troiol/Jiev ; 77 /3a8lo(,/Jiev av d^o) ; TO) v\-riv KOtTT7JV. S.] KO.TO. irolof VO/J.DV] 'By what law could this special descrip- tion be added to the usual form, or indeed any other than that of the father and the deme?' This was the invariable descrip- tion of a citizen, as given below, McwTi0eos Mai'Ttou Qoplitios. Trcuos, as usual, follows TIS, or /cai rts, implying incredulity of some statement. 10. K/HTIJS] This seems rather a general term. The SiKaaral answer more nearly to the Eoman judices; and the president was usually one of the Archons, as at Eome the Praetor. The Athenians had not, as Bp. Thirl- wall remarks, " that nice dis- tinction which is so familiar to us between the province of the judge and jury." Perhaps an arbitrator is here meant, or an umpire in any dispute, public or private. [A judge in any games, any theatrical or other contest : and TIO t a law officer. Prof. Kennedy.] The subject to /c may be 6 apyuv, or 6 Kpi- v6fj.evos. K\ypoi] The subjunctive ; and the same is also the present indicative and optative of verbs in-6w. 'If the state is appointing to any office by lot. ' The middle voice is used of the person who obtains it, KXrjpovrai, sortitur, or et\7jxe. GefffjLoGtrov, one of the six minor archons; 'the office of Thesmothet. ' To this geni- tive, which is more familiar as an English than a Greek use, TWJ> aXXaw is attracted; we should rather expect either 17 a\\ui> (a.pxui>), or r) 152 XXXIX. HPOS BOIflTON [1012 o> TrpocrecTTai' KOI ovSe TOV@' OTrorepov ecrrlv ol TroXXot yvaxrovTai. OVKOVV 6 /j,ev eavrov, ejoo & epav- ii rov r/cra> TOV etXi^or' elvat. \OITTOV et? TO BiKaa-rt]- piov ?7/za9 elcnevai. OVKOVV e etcda-Tw TOVTWV Si/ca- o~Tijptov rffJilv 77 TroXi? KaOiei, fcal TOV pev KOIVOV KOI tarov, TOV rov \cf)(OVT ap%eiv, aTroo-Teprjo-ofteOa, a\\rj- Xof? Be irXvvovfiev, KOI 6 TO) Xo'yet) tcpaTr/cra*; cip^ei. KOI Trorep' av /SeXr/ou? e'ir)/j,ev T(av VTrap-^ovcrwv SvcrKoXidav i rj Kaivas e^Opas KCU /3\acr(pr)fj,La<; TTOL- T$ x a ^ K *-y] It appears from this that the lot was a piece of bronze or copper. The dimi- nutive is used as in xp vcr i v > apytpiov, meaning a piece of the metal as distinct from its nature as bullion. Some difficulty has been raised as to the meaning of the ff-rj/jLeiov here spoken of. Kennedy thinks there is an al- lusion to marking the ticket as in the impanelling of jurors ; but he seems to confound it with the ffvftfioXov which each dicast received on entering the court where he was to sit (Boeckh, P. E. p. 235). The sense here is quite simple, if we suppose tr]j3d\e. Here, the xa^K'a are apparently small plates of bronze, identical with TTLvaKia. of 12. Thus, each person eligible by lot for any K\r)ptiiTr) a.px'n (like that of 0e. Plut. 1061, tr\vvbv fj.e irot&v ev TCHTOIJTOIS dvdpeurtv. Hesych. TrXwerar /3XaT7)pie, /cat 7rXw077oi] 'By trying to get rid of our existing diffi- culties,' viz. by settling this dis- pute about the name. SuovcoXiwo, 'dissensions,' C. E. Kennedy; 'resentments,' H. W. Moss. ' Kecrimina- p. 998] IIEPI TOT ONOMATO2. 153 ovpevoi ; a? Tracra. avayicrj (rv/uLpaLveiv. orav ap%r/<; rj Ttvo? aXXou TT/OO? rjfjuas ainovs d/jb^icr^rw^ev. rL Se, 1 2 998 av a pa (8el yap cnravff 1 ?7/i w ddvarov ^rj^Lav 6 v6fj,o$ Xeyet, Toiiff* r^fjilv aSecS? e^ecrrat Trpdrreiv ; Trdvv 76' ov yap av avro Troirjcraif^ev. ol8a /cdyw, TO it}V fot/ce 5' elvai raura XaX/ca ws v IT oar) na.lv ei A. tv ry irepl 6i>6/j.a.Tos. The lexicographer is doubtless here referring to r x a ^ /a 'v i n 10' Cf. Photius, iri.va.Ki.Qi>' ff\[ifj.fto\ov diKacrrtKov, XaX/couv Trjir^ivov. S.]Atother times the bean, Ki5a/oios, was a- dopted. Cf. Hdt. vi 109 6 Kvd/j,^ \ax&v, and Thuc. vm 69 ol aVd TOI Kvdfjiov /SouXeuraL Hence AT^UOS is called Kva.fj.orpui^, Ar. Equit. 41. Hesych. KILOS' 69 fj,ev efy), Meve/eXet KOI rot? Trepl eicelvov dvdpanrois, vvv S' ere- poi<$ etcelvov /3e\,TiO(Tiv ovftev KOI rd roiaur' e fcal Seivov Sotcetv elvai j3ov\6fjievov' Kai vrj Aia I'c 14 (TTIV. dv OVV TrpOlOVTOS TOV %p6l>OV TO)V CLVTWV Tl TTOt- s Bekk. om. Z cum pr. S. as lie actually did make of late. (7) Orifhebecalledupontoprove his claims to citizenship, which, from the circumstances of his adoption, is a contingency far from improbable. (8) Lastly, if he should be indicted for perjury, and not appear in court, it might be said that I was the culprit, as no one would see him convicted. 13. d\\d] At enim. ' It will be said that in the above matters it is the state which is injured ; what harm does it do to me individually? ' viz . that I should make it thus a personal matter, and subject myself to the charge of being quarrelsome and liti- gious (1). C. E. Kennedy does not give quite the same sense : 'Well : I have shown the damage which the state suffers. What is my own private damage?' And Prof. Kennedy observes that dXXa crj Ai'a is more usual in the former sense. TjXtKci, sc. p\dirro/j.ai, 'in how grave and serious matters.' XpiUj/j-evov} Familiariter uten- tem. Meve/cXe?, the man men- tioned above as having con- victed 'poor Ninus.' Perhaps we should read ewpfire. cos ^^77, during the lifetime of Menecles. fo-ws ZffTiv, ' I dare say he is ' clever in his own sense of the word, i.e. iravovpyos. Plat. Theaet. p. 176 D, T ovv ddi- KOVVTI, Kai dvoffia \yovrt rj wpdr- TOVTI fj.a.Kp$ &PKTT' Zxet rb fJ.T) ffvyxupew Beivf UTTO iravovpyias elvai. The words TO. TOLO.VTO. tfrXu^ra., ' aspiring to the same fame as they attained,' seem to show that successful oratory in unjust actions was the object of their ambition. Kennedy per- ceives this, and renders deivov elvai fiov\bfj.evov 'he wishes to be thought an orator.' The word is as commonly applied in irony to the pijTopes as to the ffotpLffral. The meaning is, that the man may imitate his worth- less companions and turn crv- KoQdvTris against honest people, but fail some day to establish the prosecution, and be fined a thousand drachmas for not get- ting a fifth part of the votes. In private actions, (and also in ypa(f)al, <})dcr6ia Z cum S. 14. ypa(pal] Public indict- ments of any sort. a, are used for prosecuting by other special processes. Boeckh (Publ. Econ. p. 368, trans. Lewis 2 ) ob- serves that ' ' a peculiar circum- stance occurred in the phasis, as being a public suit. In this form of proceeding it must be inferred from the circumstances of the case that the defendant, if he lost his cause, paid the fine, and also the epobelia, if he did not obtain the fifth part of the votes : the plaintiff indeed had no reason to apprehend the first payment, but if he was unsuc- cessful in his suit, he was in the same case compelled to pay the epobelia ; and if he did not obtain the fifth part of the votes, i.e. in the very case in which he was subject to the epobelia, he was forced to pay to the state the usual fine of 1000 drachmas." [ddffewsSiatpei. 8ri rrfv fj.^v Zifdei^tv dvvarai dvriXt- yeadal, olov, (WSeifec (1. i>tdeiei>) \tyei 6 (paffKwv OVK 6fi\eiv, ' alleging that he has no right to speak in the assembly'), tfxiffis %-XOvrd, TWO. /J,r) irpiva.vria. for private ends, and in discouraging them by imposing the fines for ' not- proved.' tyyeypafj.fj.fros] Entered in 156 XXXIX. IIPO2 BOmTON [ 1416 Trorepo? TTOTC earai epov ; 'ori vrj Ato. elaovrat, 15 co(f>\ev. /caX&>9. av &e, o rv^ov Devoir av, 0y Kal fj,r) eKTiaOfj TO o$A?7/ia, ri fj,a\\ov oi TOVTOV TrcuSe? ecrovrai TWV epwv eyyeypaf^/jievot,, orav rovvo- [jta Kal 6 Trarrjp KOI 77 alr) 77/005 Bekk. cum S (m margine). om. Z cwm 2. the register of debtors to the public treasury, as not having paid the fine. Of. Or. 53 14, Kal dtKa 8pax/j.ds. $TI, /c.r.X. , ' because, of course (it will be said) all will know which of us brothers was condemned to pay.' It will be a matter of notoriety which was the (rvKofidvTrjs, and which had to suffer the conse- quences. 15. xpo" 05 ! ' If time should elapse (not 'if the time should expire') and the fine be not paid; why should his sons be entered as debtors rather than mine?' There seems a euphe- mism in xpo"os dit\0ri. See Boeckh, p. 391. 6(f>\-ri/j.a] Hesychius xp e ^ ffrr l- (j.a.. The word is formed as if from 6\{w, a secondary present from the aorist o\eiv, not 6\flv. dlicr)v ^fouX?;s] An action to make him give up property which he refuses to cede in con- tempt of court. Actio rei ju- dicatae, Boeckh, P. E. p. 377. The word eo6\r}, from eleiXeiV, t%fl\eit>, ti\\eiv, properly meant 'the keeping of another out of his rights'; and the action of tov\t) was brought against the person guilty of the act. So Demosthenes served Midias with this process when he re- fused to pay the fine for KO.K- rjyopia, Mid. p. 540. As for the form of the word, the root fetX (et\eu>, ?XXetc, pilus, wool, &c.) passed into ouXos, used of crisp or closely compacted hair, by the influence of the f . The forms iXXds, t\\eoi K.T. X.] ' Should say that he had no claim against me, but, having got the writ duly signed (or registered by the Archon), should enter the name of Mantitheus, why should he have his name written more than mine ?' Kennedy translates ' suppose a man sues him in eject- ment, not pretending to have p. 999] IIEPI TOT ONOMATOS. 157 999 avrov elvai, Kvptav Be Troi^crdpevo^ eyypdtyai, ri \ov dv e'ir) rovrov fj epe eyyeypcHpuot; ; ri B , el TLvas elcr- /j,rj delrj ; rt 8', et Ti9 d\\r) irepl Tovvofj,a / / )/ V A/*7s t '> oi/c?79 77 ooga oA,o)9 0.770779 ; Ti9 eicreTcii, 3\\G)V TTOTepOS 7TOTC OUT09 6O"Tt, OUOtl' Mo.VTiu- TCIVTOV 7rarpo9 OVTOLV ; ev\ri TOVTOV deStcrdai. The Boman detrectatio militiae, Livy m 69. S.] This was but slightly different from either SeiXtas fatjyeiv, Ar. Ach. 1129, or \nroffTpa.Tiov, XtTrora^tov, Mid. p. 548. In these latter cases there was generally actual de- sertion or running away from the ranks. [In Dem. 24 119, we have TOIS 6i>ois, rots MTTparevroLs, TOIS \dirovai. rets resets, and in Aeschin. 3 175, 6 26Xwc ev TOIS avTofs if era Self ^, el Z cwm 2r. TOV KO.I TOV XeXotTTOTd T^V TO^tl' Ko.1 TOV Sei\bv 0/j.oius. The 14th and 15th Orations of Lysias, in prosecution of the younger Alcibiades, are entitled Xiiro- Ta^iov and dcrTpaTelas respec- tively. Such prosecutions were instituted by the ten generals, or (perhaps, though the next section scarcely proves it) by the Ta^iapxoi, and were public in- dictments (ypaa.tois dyofj-^vrj 'AvdeffTTjpKZvos (half of February and March) dudeKary. 158 XXXIX. EPOS BOIHTON [ 1618 TOI)? %oa9 dywv a7r\ei(f>@r) real TOI? Atoz/imots Kara- /AeiVa? %6pevev, v\rjs fied in so doing. Aeschines however fought bravely as a hoplite at Tamynae, and was sent to Athens to carry the first news of Phocion's victory. His rival was reproached by his enemies for having been absent from the battle, and at the instigation of Meidias he was threatened with an indictment for deserting his post (Or. 21 103, ypaij/aTo\nroTal;iov). The expedition seems to have taken place late in February, and in March we find Demosthenes choregus at the Dionysia (when he was brutally insulted by Meidias) ; an engagement which may have enabled him to obtain leave of absence. (A. Schaefer, Dem. u. s. Zeit n 74 80, and Grote, H. G. chap. 88.) S.] iraprjXOov] ' Entered ' ; so ore 'A\^aj/S/>os Trapyet is 6i7/3as, Or. 34, p. 918, and frequently 5d- /JLOVS TrapeXOeiv in tragedy. The proper meaning is, 'to go past the door-keeper,' and so to get into a closed building. (See note on 34 38.) So irapitvai is 'to admit,' ' to allow to pass in,' Eur. Heracl. 153, Suppl. 468, Plat. Phaed. p. 90 E. [Pro- Jlcisci agmine facto, castra mo- vere, to march, to advance from one place to another, Mitchell's ed. of Reiske's Indices. ' The other day when the rest of the troops appeared before (went on the campaign to) Tamynae.' Prof. Kennedy. Curtius H. G. v 269, ' when they came to Tamynae, they suddenly found themselves surrounded in a jj.tv KaXeiadai KOIV&S rrjv O\T)V eoprjjv Aiovvffifi ayofjL^vrjv, Kara fitpos df HtOoiyia, Xoas, Xvrpous. S.] txP evfv i 'he was serving in the chorus at the Dionysia' (in March), which entitled him to exemption from service le- gally, but it was often adopted by cowards as an excuse. Ken- nedy neatly renders it, ' dancing as a chorister when he should be campaigning.' ewpare /c.r.X.] Dem. himself was choregus at this festival. Cf. et's Tanfoas n. S.] XtTToraf toy] ' for desertion ' ; here applied to the offence com- mitted by one who, by staying in Athens, failed to take the place assigned him in the ranks of his regiment, Meier and Scho- mann, p. 365, note 779, ed. Lip- sius. See Wayte on Timocr. 103. S.] 17. ra%iapxwv] Mantitheus, as taxiarch, and having the duty of drawing up the military list (Ar. Pac. 1173), was subject to the odium of having his own name and his father's, Mair/flecs Mavrlov, made the subject of an p. 999] IIEPI TOT ONOMATO2. 159 Kara rov ovopaTOS rov epavrov Trarpodev rrjv \r/t;iv' KOI el nicrdos eTropLcrdrj rot? 8ifca- crrrjplois, elcrrjyov av* 8rj\ov ori. ravra S' ei fir/ aea-rj- /j,acr/AV(i)v 17877 crvve^rj roov e%iva>v, KCLV /j^dprvpa^ vfuv rrapecr^ofji-riv. elev. el Se %evla<; Trpoo-K^rjOeLr) ; TroXXoi? Se Trpoo-fcpovei, teal ov -tjvayKdadrj rpbirov 6 Trarrjp iroir)o-acrdai avrov, ov \e\tjOev. T^yLte?? S', ore (j,ev TOV- rov OVK eTTOielro 6 irarr)p, rrjv fjL'rjrepa d\r)6fj avrov' eTreiSdv 8' ovrat ryeyovcas ouro? o * avZ et Dindf . cum Sr. dv /xe Bekk. action in consequence of his brother's cowardice. But the taxiarchs are themselves ac- cused of being runaways in action, (f>evyeu>TrpTiypa.(j>a ^/u/3a\r#ai e/sroc exwov). These were sealed up before the trial, and when sealed they were not allowed to be opened till the day of the trial. See Or. 54 27, and Or. 45 17, txpriv avro TO ypa/jifiareiov eh TOV ^-)(LVOV e[jifia.\eiv. In the present case, the event is de- scribed as immediately follow- ing the departure of the army from Euboea, and immediately preceding the trial ; so that the date of the speech is determined within narrow limits. fjAprvpas, perhaps fjLaprvplas, i.e. written evidence. eWas] If he should be sum- moned or called on to prove his right to the citizenship. That is not an unlikely event, he adds, since he has many enemies, and the tale of his forced adoption is no secret. OVTW yeyovus] i. e. dffros. 'With his birth thus esta- blished,' Kennedy. 'You, the judges, then thought he was wronged, and listened to his mother who asserted his le- gitimacy; but now that you find him so troublesome as a citizen, you will begin to think the father -was right in denying the paternity.' The inference left to be drawn is, that the father had good reasons for not wishing to acknowledge such a 160 XXXIX. IIPO2 BOIOTON [1821 po<{ r), irdXiv v/jilv TTore Bogei eVei^o? a\i)0f) \eyetv. rl S\ el "^rev^>ofJiapTvpi,wv aXwaecrOai TrpocrSorc&v e^>' cuo- ftovfjiai, Oewprjcrare. o^ro? yap rjSr) KOLL rypatyds Tivas, IOOO c3 av Spe? 'A.6r]valot, Trefawyev, ol? ovSev amo? coy 70; crvvSiaj3d\~\.ofj,cu, Kal r^9 ap^? rnj,$ia-(Br)Tei y rjv vfjbet*} e/ie %eipoTOvr/craTe*, Kal 7ro\\d K TO ovofj,a crv^j3e^riK.ev rjfjiiv, wv, 'iv el8f/T, 7rapeofJ,ai. MAPTTPE2. 20 'Opdre, co avSpes ^A.6rjvaiot, rd crvfJbfBaivovTa, Kal Z. e ols fpavlfei] ' On the strength of some of the services he so freely lends to his friends.' For this doctrine of fyai'os, or receiving from others the same treatment that you give to them, see Mid. (Or. 21 184). The meaning is, as his friends tell any lies to serve him, so he does the same for them; but that some day he may be in danger of being convicted for giving false evidence, and so let a judgment go against him by default, not daring to appear. [Harpocration s. v. epavifrvres paraphrases the sentence thus : avrevTroiei airoSidovs ri]v tcfrjv poriOeiav avrois, -f\v xaKflvol wo- re Traptcrxov \f/evSo/j.aprvpr]ffavTfs vwep avrov. S.] It is not however quite clear whether reXeffdrjvai means xa.6' avrou or Kara TIPOS, i.e. from default of firexetpoTovrjffare Bekk. 1824. evidence that he does not give. The sense probably is, that an action of \f/evdo/j.apTvpia is brought against him, and he dares not rebut it, but allows it to go against himself by not ap- pearing in court. 19. These fears are not merely imaginary, for he has actually been defendant in some public actions by which I liave been compromised, though quite undeservedly on my part. /cat T^S apxys /c.r.X.] ' Nay, he even put in a claim against me for holding the office to which you had elected me.' He alludes perhaps to the office of Taxiarch, 17. Or. 40 34. The geni- tive is used like ejKaXelv TWOS, to lay claim to a thing. 20. avuftalvovra] 'What ac- tually does occur,' or 'is every day occurring.' p. 1000] IIEPI TOT ONOMATOS. 161 Trjv dr)Stav Trjv etc TOV 7rpd9 dSvvaTov TavTov %etv 6'vo/Jt.a uv <7vv/3aivev, ov STJTTOV TOVTOV jjuev Si/catov TO fj,e- TCOV e/ji&v ^prj^aTcav e-^eiv Kara TTJV iroirjcnv, f)v 6 avTov dvayKacr0eis eTroiijcraTO, epe < drjvai Tovvo/jia, o /3ouXo/A6V09 Kal ovS' ixfi \ , > rl f / ov fjiovov et9 TOU9 (ppaTepas oyT&)9, ceJ9 p^e^apTVpiriTCiL, o TraTrjp Trjv ey rrjv SeKa-rffv returns eyu ; Kal rovvofi.' wffTrep TraiSlif) vvv 5r)'6/j.r]v. See Becker's Charicles n 6, or p. 219 of English Abridgment, and Hermann, Privatalt. 32, notes 15 add 16= p. 283 ed. Bliimner. S.] 21. The name Mantitheus therefore is mine only; Boeotus properly belongs to the other. That name -was given by his father, who is now deceased, and whose will and pleasure in the matter ought to be respected. Had the father lived, he cer- tainly would have made the second and later entry by the same name, Boeotus. It is un- reasonable to compel a father to adopt you, and then, after his decease, to undo the very acts of his which resulted from the adop- tion. e-rrl, 'in possession of this name.' 11 162 XXXIX. nPOS BOIHTON [2123 Se Boicuroi' et? TOU Siairijrf} Trpdyfia dvai&e- crrarov \eyeLv, tw? 6 7rarr)p avrov Be/cdrrjv erroir]o-ev (i>arrep efiov /cat rovvofia TOUT' We.ro avrq) e , /cat /iap- d crv aiirov Z cu77^ pr. 2. creain-oi' Bekk. e avrif Z. opposed to Travra -rov -%p6vov, i.e. 'and that not till he was forced.' irpos rotj S^oraty] 'At,' or in presence of, 'the members of the ward in which you were to be enrolled as a citizen.' oik av etas, 'would you have objected to bis registering you as Boeo- tus? But surely it is strange conduct first to bring an action for this, and then afterwards to try to prevent it. And yet, if you had let him, he would have entered you by the same name among the wards-men as he had before into the phratries.' affKeiv~\ 'Is it not a shame for Boeotus to be always saying that Mantias (eKeivov) was his father, and yet to presume to make null and void what Man- tias effected in his lifetime?' viz. the enrolment of Boeotus under that name. 22 4. Boeotus told the arbitrator that his father had named him Mantitheus in his infancy, and he tried to prove this by the evidence of some who could have known nothing about it. But first, the father did not think the boy was his son, and so did not give him the name; and secondly, if he had, he would hardly have altered it after- wards to Boeotus, even if he had a quarrel with the mother. More- over, he used to go to school in a different tribe from myself, which he would not hare done if his mother had thought herself wronged, as he pretends she did, by the father not acknowledging Boeotus as his son. OUTGO] Construe with dcicd- Tt]v. Hesych. fejcdnp Gvofiev. rrj Sf Karri r/fjiepa ra ovop-ara rots rj {(386/j.rj (p-ijffi. Of course, the inference is, that if he kept the tenth day after the birth, it was because he acknowledged the child. p. 1001] IIEPI TOT ONOMATO2. 163 av rvpds rivas TrapefyeTO, ot? eicelvos ov8e7ru>7rore eyu> 8' ov8eva VJJLWV dyvoeiv ot//-cu f on OUT' 8eKdrr)v ovSels TraiBlov yu,r) vOfU$Htt avrov eivai, ovre Tronjaa 1 ? real arep^a^, y iralSas must be carefully distin- guished from Sia r<2v tralSwv, ' through the agency (or medium) of their children.' uv av, sc. eKeii>ui> (or rtov) a, &C. The genitive depends on the sense of /caraXXdrrecr^at, as Soph. Aj. 744, Oedlffiv us KO ols e/cej^os /c.r.X.] Or. 40 28, ovros ye ets roOro TOX/U.TJS i7/fec ware ^Tjcrt TOI/ Trartpa. ftov SeKdryv virp avrov ecrrtacraf Kai irepl TOIJTOV fjLovov Ti/JLOKparovs /cat lipo- fj-dxov e/jLJ3ef3\7)Tai. /j.apTvpta.s, ot o&re y&t irpoffrjKOvai ftov Tip ircLTpl ovdtv, oCre i\oi rjcrav Familiariter utens. yuij vofj.ifav, nisi putasset. StKcuws, fairly and honestly, without fraud or collusion. Qapvos] i.e. so that an action became necessary to compel him to recognise the child. 23. Trpos opyrjv fj\0e] The tragic phrase is t\6elv Si opyys, Si x#pas, d:c. The argument here is in answer to the allega- tion that Boeotus was repudiated by the father in spite to the mother. TroXi) yap K.T.X.] 'For it is far Trpos fjuffeiv] Trpos, i.e. in ad- dition to disliking each other, to hate their common children into the bargain. See note on Or. 37 49. 112 164 xxxix. npos BOinxoN [ 2427 24 Kairoi T/9 av vfMwv oierat TT/V /jir/Tepa 7re/j,tyai TOVTOV et9 TavTrjv Trjv <$>v\r)v Seivd /J,ev, aivT av ova* d/c6\ovdo<; ij (f>v\r) ry decret TOV ovofAaros. 009 TOLVVV raOr' aXrjdf) Xe7&), rovrwv fj,prvpa<; vfMv roj9 KOL TOVS MAPTTPES. 25 O#r&> rotvvv fyavep&s Trapd rov T^? avrov pi]- r/309 op/cov KCU Trjv TOV BovTO? e/Civrj TOV optcov evij- 24. T w K.T.X.] The which belongs to Tr^u^a if/ev av, undergoes the same hy- perbaton as in OVK av oio/j.at yevtvOai, &c. The argument is, that by sending Boeotus to learn dancing in another tribe than that to which Mantias belonged, viz. her own tribe, she virtually admitted that he was not Man- tias' son, and that Mantias had not owned him. Boeckh, Publ. EC. p. 121, observes, "The tribes at Athens were bound to provide for a part of the instruction in music and gymnastic exercises, and they had their own teachers, by whom the youth of the whole tribe were instructed ; in the other schools each person paid, but how much we are not in- formed." This inference seems a little far-fetched. Nothing more is said, than that the mother sent the boy to learn dancing to a school of her own tribe ; which was very natural, if the boy was, as Mantitheus intimates, not believed by the mother herself to be Mantias' child. The argument seems worth little, anyhow, as a ground for logical inference of parentage. aKoXovdos] 'Consistent with' (or possibly, 'consequent on') the (pretended) giving of the name Mantitheus by your father. oLTa,v and ffvfj.(f>oiT-r)Tal are the common terms for 'going to school' and 'school-fellows.' 25, 6. Not content with his success in getting himself en- rolled as a citizen, Boeotus has brought against me sundry claims for money due from his father, i.e. as co-heir. But, if the tale of the mother was true, that Mantias kept her, and maintain- ed two establishments, lie could not have left much money, not being a man remarkable for his successes in trading. OVTU v\f) ryeyovdns OVK dyaTra Bot6)T09 ovrcxrl, d teal Sl/cas e/j,ol 81? 77 rpet? eiXij^ev dpyvplov 7rpop,oKev 77 /AijTrjp r] rovTcav, eV avrofjxapa) crvKO(f)dvTrjv CTriSetfcvvei, rov- TOV rat? St/ca/,9 rayrat?. et ^ap OVTCO SaTravrjpos f)v ware Tei. The actions alluded to are apparently those described in Or. 40 16, 17, for the mother's dowry, and other claims. 26. T$ XPW*Tl(TT17S] BC. TTOtOS, 'what sort of money-maker,' i. e. ws 0aCXos. [For TIS used as irotos, Shilleto, on Fals. Leg. 15, quotes the present passage (translating it, 'what sort of an economist') and Or. 37, Pant. 69, \tye dr/ /J.QI rds (laprvpLas, rts yijip(f\ sc. Svra ri OVTOI rdv irarpipuv eiri- frT&ai, Or. 40 16. Stf' olKtas] A wife seems only to have insisted on the mistress living apart. Hence Deianira's grievance in Soph. Trach. 376, rlv elad^dfy/jiai irr)fjLov>}v virbaTe- yov Xadpcuov; and ibid. 537, KopTjf yap irapeicrdeSey/JLai. \ f S> ^ r TreiuOfjievos VTT e/jiov, agtoi o avTO<$ co9 0*7 Tfpecrp , ocra e% o^ea)^, ov fj,rjv lo")(ypL^oaat TOVTW' Kal yap ev- 28 rjOes. aXX' ei Tt9 epoiTO BoicoToy Touroyt, OT' ev '] OWVTI&I 5 roD iraarirov 'Ti&^fj.tjv &eidui*i5ir]v. (See Becker's Chari- cles n 7, or p. 219 of English Abridgment.) Similarly the kings of Gyrene were named Battus and Arcesilas alternately for eight generations. S.] oZ5a TOVTOV .. .bp&v] ' I remem- ber seeing him, quite casually as one would any other (i.e. not at all as a brother), much younger than myself, to judge by his look.' Toirry] i.e. the argument from mere appearance. 28. TT;S (pvXfjs TTJS ^rjs] The genitive appears to depend on d/j.V VTT* eKeivov KaTa\ei(j)devT(ov e^ei9," ovBev av aXA,' e^ot9 eiTreiv 7T\r)v OTI Ka/jie ytte elcrr/yaye, (frrja-etas av. TI ovv ere eveypa- 11 TO>< 5^0^ Bekk. 1824. senior ; for if he had claimed the name on that ground, he would have claimed my tribe too. 29. As mere assertion on either side will not prove our respective ages, it will be the fairest icay to reckon from the date of the adoption. Now it can be shown that J had been registered in the state-books (after the So/a/zacna) , and that by the name Mantitlieus, before he had been entered even in the phratries. So that by the mere tight of prior entry (ry 5t(ca/y) I should reasonably claim tfie name of Mantitheus on the ground of seniority. vofiifetrffai] viz. 7ra?5as aiiTov. 'We will say nothing about the ), but argue only on the rts Z cwm S. Bekk. cum *A. 1 B. /cal ^ Z. dates of our registration. ' wpeffpeiov] The prerogative of primogeniture. Or. 36 35, irpeafieia rijv awoiida.v i:\aj3e Kara 30,31. Boeotus claims citi- zenship and a share of the pro- perty by virtue of his registration. But he was registered by the name Boeotus; and it would be ungrate- ful in him to disown the name now iv Inch conferred such privi- leges on him. ^vXrjs 7^70^05] As sup. 25, Iv 'AKapavTidi v\jj yeyovds. rui> S-fj^uv, lit. ' Of the demi, a member of that called Thoricus.' [ruv S^/awc, the reading of S, is supported against rbv STJ^OV by Plato, Euthyphro 2 B, rdv STJ- /j,uv HiQefc. S.] 168 XXXIX. IIPO2 BOIHTON [3033 fyev ovofjia, el rt6evTU>v Sid Tovvo/j,a TOVTO croi, TOVTO 8' atoid ov, the cognate accusative is im- plied, 'to remain in possession of the name by which he adopt- ed you. ' irapay pdfaiv] 'To sign your- self. ' Kennedy. This seems the technical word in this sense ; cf. 9. [Bather, 'to add to your name (or signature) that of another father.' S.] The middle voice, of course, has quite a different meaning, 'to put in a special plea.' 32, 3. The name Boeotus, we shall be told, was given in insult. Why, this man and his brother used to boast of their good family ; and, in fact, Boeo- tus is the name of his uncle by his mother's side. It was because I had forestalled the name Man- titheus that the other name was given to him, and without the least intention of putting a slight upon him. You compel us to say that you deserved the name you so dislike, by your own insulting and boorish treatment of your father's memory and intentions. p. 1004] IIEPI TOT ONOMATO2. 169 Mavrtdeov, ovrw rovrov eicrdryei Bottorov, TOV dSe\- r) crKOTrelv, OVK tfcrOa olov Set TOV Trpocrr/Kovra elvat irepl rot? av, aXX' a7r&>XcuXei? q . $} Seivov 7' av el/?;, el Kara fj,ev r&v vrro rov rrarpos avrov VO^JLL- %o/j,eva)v 7ralSfi)v ol rrepl rwv Mov} ' Else, you must prove.' For this use of iwd implying a suppressed clause, e.g. 'if you deny it,' cf. Soph. El. 352, tirei di5aoi>, and Ar. Vesp. 72, tirel roTrd^ere. S.] 33. KO.LTOL K.T.\.] ' And yet, if you were so perverse as to compel your father to adopt you, and yet not to consider how you might please him, you did not behave as so near a relative should do towards his parents ; and as you did not, you de- served to be not only spoken of with contempt, but even to be put to death. For it would be hard indeed, if the laws about parents are to be in force against those who are recognised by the father himself as his sons, but are to become null and void against those who force their fathers to adopt them against their will.' tKftvif)] Of a deceased per- son this is used where ai/ry would have been used of one living. See on Or. 40 28. This is a common use, answer- ing to our phrase 'the late so and so ; ' but it is apt to be over- looked. Properly, 'the man there, 1 &ce?, viz. in the other world, opposed to OVTOS, 'here before us.' olov K.r.X.] Construe olov 8ei elvcu irepl T. y., as a man is said to be S^KCUOJ -rrepl iroXiv, &c. vo/jioi] The laws of Draco seem to have been still in force, though perhaps in abeyance. Like the Jews, the patriarchal traditions of the Greeks induced them to hold the dignity and authority of a parent in a very sacred light. See Aesch. Suppl. 708, TO yitpreKovTUv cre/3as, rpirov ToS ev Geff/jdois Si/cas ytypaTrrai /j.eyKrTOTlfi.ov. In Ar. Vesp. 377, fJ-TJ Trarelv TO. ra.lv dfaiv ^/rj- r] OUT' &v yyov. tirifiovXevris K.T.X.] 'If you go on plotting thus,' &c. So K\a/r) Kal odvprjrat inf. ws ov irpoff^Kova-tv, i.e. as not properly your own, as. not belonging to you. There may have been a saying, that money badly ac- quired was generally badly spent [cf. Cic. Phil, ii 65 ' male parta male dilabuntur ']. At all events, a bad use of property was thought to be a proof that it was not rightly obtained. Cf. Or. 21 (in Mid.) 150 rb TTJS v s . ov jap e/iot'ye TrpocrfJKev elBevai rives elcrlv vlels e/celvov, d\7C e/celva) Bel^ai riva e/iot vopicrreov ear' dSe\(})6v. ov fiev roivvv ov/c eiroLelro ere yp&vov, ovS" eyco Trpocrr)- KOV0' yyovfArjv, eTreior) ' erroirja-aro, /cdyw vo/j,i(o. ri TOVTOV otj^etov ; rfj Beiva Trdcr^etv KOI Kkdy 1 KCU oBvprjrat, Kal fcaTrjyopf) ejjiov, a /j,ev av n Xey^, pr) Trio-revere' ov i\,oveiKeis ; /^Sa^a}?' /AT) 36 e^e ovra) Trpos ^yu-a? e8e\e%d pats' ovSe \tyri] 'Whatever are the Mantitheus who forced he may say, don't believe him.' his father to adopt him. Our idiom perhaps is, ' don't el ra ndXurra] 'If ever so believe what he says,' though much,' i.e. if it is ever so true the phrases are not really that your father declined to ac- identical. He means, rots fttv knowledge you though you were \eyo/j,^vois prj TricrretfeTe, txetvo his son. 5, &c. /AT) wepl TOVTUV ovros, ov yap] i.e. I might have 'siquidem hac de re nunc non wronged you if his recognition disputatur.' (See Shilleto, not. of you had depended on me. crit. on Thuc. i 118 2.) lepuv, offluv] Religious privi- inro\afjL^dvfT, ' give him this leges as well as those of the state answer ; that he can get satis- ( secular or political). The first faction just as well by the name depended on the enrolment into Boeotus.' the phratriae, the latter on that 36. etfeX^x^pws] ' Wishful of into the ypafifiarelov \i)iapxiic6v. enmity.' A singular and rare So Timocr. p. 703, 9, TOW compound. The adjective is lepuv n^v xpTU^Tuv TOI)S Oeobs, quoted from Cratinus (Frag. TUV offiuv 5 rrjv TTO\IV aTroffrepet. incert. 103). A word of similar Thuc. ii 52, ^s 6\iywplav trpa.- character is i\airexQrtfJU>>i', in TTOVTO Kal lepuv Kal baiuv 6/j.otus. Timocr. p. 701 6. 172 XXXIX. EPOS BOIHTON 3639 ere, eVet teal vvv, iva fj,r)8e TOVTO \d6rj ere, inrep crov Xe7&) x /jLa\\ov, dio)v* pr) ravrbv e%et,v ovofMa r)[J,a<$, rj e/j,avTOv y . el yap ftySev d\\o, avdjKij rov drcovaavTa epecrdai vrorepo?, Su' av eocrt Mavrideoi Mavriou. OVK- ovv, ov TjvayKaa-O'r) Troirjaaa-Qai, ere av z ^777, e'pet. rt ovv eTTidv/Jbels TOVTIOV ; dvdyva>6t Be fjuoi Xa/3(wy 8vo l /jLaprvplas, w? e/iot Ma^ri^eov Kal Tovrta 6 Trarrjp OVO/JL eOero. MAPTTPIAI. 37 A.OITTOV tfyov/Aai TQV& vplv eTriSei^ai, tw dvSpes $ av e^eiv. IO06 Bekker. tai> Z. Toi/rwi'] Such inconveniences and causes of reproach as I have described. 37, 8. One proof that he considered his name to be really Boeotus and not Mantitheus is, that under the former name he both accepted the action I brought, and moved for a rule for a new trial against the deci- sion of the arbitrators. [ 39 is closely connected with 36, and the two intervening sections must have been inserted after the arbitration, shortly before the trial. Blass^tZ. Bcr. in 417. S.] & e-ycb X^yw] 'What I say,' i.e. rather than what he says. So Plato, Theaet. p. 161 B, cri> KaXXiov, wZwKparej, X^yew. This /a. afiw Z. X^yew /i. eiftw F2l>. . 1824 cu??i marg. 2. o?n. Z cw;?i S. Bekk. 1824. b yvrediKet. Z. explains the important texts S. Matth. 27. 11, S. John 18. 34. Kartyvw] Lit. 'gave a ver- diet against himself to the effect that he would rightly have the name Boeotus and not Mantitheus.' yvTidiKei Kal U'TT^/WUTO] 'He at once accepted service of the suit, and put in an oath that he was unable to attend.' The viru/j-offLa is here spoken of as one of the many evasions adopted by those who endea- voured to thwart justice. From Ar. Plut. 725, it is clear that it was occasionally put in as an aegrotat, a certificate of ill- health. Compare Mid. p. 541, 84. Or. 48 25. p. 1006] IIEPI TOT ONOMATO2. 173 Botft>T09 /cal TO r\evralov e?ret ov/cert evrjv avro) 8ia- KpovaaaOat,, eprjptjv edvas Kardoiairfjcrai,, cncetyacrde 7T/3O9 dewv ri eTToirjcrev' dvn,\ay%dvei poi rrjv fjbr) ov- 38 crav J$oi(t)Tov avrov Trpocrayopevcras. Kalroi e re e8ei edv avrov reX-ecraaOat rrjv Sl/crjv /card ei-jrep /jbrjSev Trpoa-rjfcev avr< rov ovoparos, va-repov re /AT/ avrov fyaiveaOat, evrl rc3 ovofjuart, rovra> dvri\ay%d- vovra rrjv prj ovcrav. 09 ovv avros avrov /careyva) 81- elvai Botcoro?, ri u/u,a? dgtaxrei rovs o eaOat ; cw? 8e ravr dXrjdrj \e S^irov. [Pollux : oirorav rts Trapa 5tcuTr?TCUS TTO- pa.ypa.-tj/dfji.fvos Kal VTro/J.o(rdfj.ei>os v6crov rj aTrod-rjfj.lav, ds TTJV KV- piav /L7 aTravrriffas ^prjfJirjv oc/)\r], erji> evros dtita rifjiepuv rrjv JUT) oiTcrai' aJ'TiXaxetc, ical 77 &: VTai Kal dTro/cr/pv^at, eVeSeifa 8' eyw rov Trarepa, 09 Kvpios i]v IK rov VO/AOV, rovrat /j,ev 'BoiwTov, e'/iot Be MavrlBeov depevov, 7r&>9 vpZv 40 ecrriv aXXo TL TrXrjv dyw \eyco "^nj^lo-acrBai ; d\\d /jbrjv &v y 1 av fjirj axrt voftot , yvcofAr) rf} SiKatordrr} Bitcacreiv opwfJiOKaTe, coar el /u-^Sei? 171; irepl TOVTWV Kel/jievos yo/io?, Kav OVTCO 8tata)? Trpo? e/j,ov rrjv -^rfjfyov 0e- (rde. r/9 TraiSes elai, Z. d S (cf. 32). Siwi' otffiv Bekk. 1824. VOfJ.01 properly vote for him; but if the law gives fatliers the fullest power over both the name and the property of sons, and if Mantias did legally call me by one name and him by another, how can you, if you act by the law, refuse my request ? ^|aXetyat] To erase it from the list of citizens. So Cleon is said in making a certain speaker &TI/J.OS, TOV TptjTTOv e^oXeiif/cu, Ar. Equit. 877. So also Or. to disclaim or disinherit him. The absolute power of the father over the status of the son was the same in both the Attic and the Eoman law. [' Re"voquer publiquement. ' ctTTO/cTypwfts signifie ici tout sim- plement la proclamation par la voix du he"raut. Les lexico- graphes donnent encore a ce mot un autre sens, celui de la repudiation du fils par le pere. Mais voyez a ce sujet les judici- euses observations de Van den Es, de iure familiarum apud Athenienses, p. 125 135.' Da- reste.] 40, 1. In default of the express command of the law, you are bound (i. e. by the terms of your oath) to vote as you think most just; so that even on this ground you ought to vote for me. No father ever does or ever will give the same name to two sons, so that what you think is right for your own children you ought to think is right also for me. tav av fir/ c3iov/j.ai KO.TO, TOI)S v6/J.ovs. [Pollux viii 122, 6 5' opKos yv T&V dlKaffT&V TTfpl fJ.V UV VO/JLOl Clffl, \}*r)(f)ieiff6cu Kara rovs v6/j,ovs, trepl 8 &v fj,rj eiffi, yvw/j-y TTJ St/caiordr?/. S.] npbs tfj.ov] 'On my side,' virtually the same as irpo faou. So Soph. Trach. 150, 177-01 irpbs dvdpos rj TeKvwv o(3ov/JLfrr). r^eirat] In the usual medial sense. Cf. virodeffis 1. 23 n. y /XTJTTW K.T.X. 'cui nondura sint liberi. ' p. 1007] HEPI TOT ONOMATO2. 175 6 ; ovSels &IJTTOV. OVKOVV o Sltcaiov rrj yva>/j,r) 41 -rot? vfAerepots avrwv rcaicriv V7rei\.rin,r)v /cal Kara TOI> TO CQ O tjQ Q 3 z o *^ ^ H ^5 3 ^_ !H j-j CO **H r^ ^f^ a B s ^P S S. 2 fe ^ ^? -T3 ^..^ 3 rO ^ H ^ .2 1 I 1 r CO3 ) *"7* 03 "^* o ^^ *s ^ ^1 "1" co" COT JOEOTDS ( &J 1 la & PH 3 HH ci 5 CB 5 03 (3 XL. HPO2 BOIQTON IIEPI HPOIKO2 MHTPQIAZ. YHO0E2I2. Kal OVTOS irapa TOV avrov Kal 777309 TOV avrov 6 Xo709 eipijTai. Kal ra fjuev a'XXa vrdvTa ravra, 77 H\ayy(av, 6 o/3/co?, r) TOOV TralSwv avcvytcala Troiijais. cnroOavovTos Be TOV Mai/T/ou ol TratSe? ovres rpet?, 5 Ma^r/^eo? 6 IK rrjs vopw T09 Kal Ila/i^tXo? 01 e/c T?7, edv trmtyyTdurl TI TU>V evBov, tynxnp eXey^ov. 15 Be ravra avreve/cdXecrav aXX^Xot?, 6 fj,ev Maz/Ti- VTrep rr/f /JLTfrpwa^ ov(rias, eicelvot Be inrep a\\(ov rivwv. Kal o 8iaiTi)Tr)s M.avTi6eov pev aTreSiairrja-e, Bot&JToD Be KareBiaiTrjaev epr}fju>]v. \ay%dvi B'r) Mav- /cal els TO BcKaa-rtjpiov avra) rrjv avrrjv Bwrjv, 20 TIJV earlv dviapOTdTov, to avBpes Bitcaa-ral, Ti? ovo^art, pev dBe\(f>6<; Trpocrayopevdf) TIVOOV, 'Boeotus' party,' himself, his brother Pamphilus, and their friends are meant. See Or. 39 2. If they should afterwards put in a further claim on any property in the house, with the exception of the slaves, such claims would be refuted by their having been paid and a release given by them. By ^waiv - \eyxov he means lx wiKTVovas XiXlcav ToXdvraiv. S.] 15. Statement of the hardships the plaintiff has had to bear. First, he has been deprived of two-thirds of his rightful property by the forced recognition of his illegitimate half-brothers. Next, he has been ejected by them from his own /tome; and thirdly, they with- hold the payment of his mother's dower, which he now requires as a portion for a marriageable daughter. iravruv K.T.X.] 'Nothing is more painful, gentlemen of the 184 XL. IIPO2 BOIflTON TO) 8* epya) e%dpov<> e%r) TOVTOVS, Kal 7ro\\d Kal Seivd jraOoov VTT* airrwv elcrievai, et? 8iKa- 2 (rrijpiov, o vvv e/wo av^eKev. ov yap povov aTV^rj/jid pot, e dp^rj<; eyevero, 8m TLXayywv rj rov- TWV fj,rjrr]p e^aTrarijcraa-a TOV irarepa fjiov Kal eiriop- Kr) K.T.X.] 'Into which they were admitted, not by my father' (i.e. which might have given some apparent right to their claim to the property), 'but by myself after his death.' Kennedy gives a slightly differ- ent turn to the sense, 'and in which I received them after my father's death, though he in his lifetime would never admit them to it.' The point seems to be, that the half-brothers have abused a reluctant con- cession. Their legal right, at least, is not clear, the marriage of Mantias with Plango being left uncertain. 3. 5i'/cas SeSwcoKs] ' Though I had given them satisfaction on all matters (plural) in which they made any claim, except indeed some trifling ones which they have wrongfully made the grounds of a cross-suit (or counter- suit) on account of this p. 1009] IIEPI HPOIKOS MHTPOIAS. iss dvrei\r)')(avy(a<;. Seo/^at ovv ajravrcov VJAWV, u> dvSpes 4 er' euvotcw re pov d/covcrat OVTCOS O7r&>9 av \eyovTos, K&V vfuv BOKO) Betvd TreTrovQevat, fjir]v e^eiv poi tyfTofhrtt Ko^iaaadai rdfj,avrov, re teal e/9 Ovyarpos eicSocriv' avveftri yap poi rov Trarpbs OKTCOKatSe/cerr) yfjpai, /cat 8id TOVTO elval pot Owyarepa tf&r) eTriyafiov. jcrK:ovT<; i>fid<; et n rj 6 V/J.CLS Bekk. 1824 (cf. b Bekk. t 18). v/j.as ^oTjdo'us Z et Bekk. st. cum 2. fj.oi yap Z cum Ff> et pr. 2. action,' i.e. that they may seem to be claimants themselves in- stead of defendants. The dis- putes had been referred to arbitration before Solon and another, inf. 16. ?vexa rijs SLK-TIS, i. e. for the mere purpose of getting up a claim against my demand for the dowry. 01) dwdfj.evos] Eeferring to SiKafo/j-at. ' I have been unable for eleven years to obtain from them fair treatment (or, a fair settlement of my claims), and so at last I have recourse to you.' ruv fierpiuv] 'My just and reasonable demands.' 'frSexa Zreaiv, cf. 18. 4. OTTWS av Si^w/uai K.T.X.] An apology for want of skill in pleading, as in Or. 34 1 ; the fact being suppressed that the speech was really composed for him by another. ffvyyvu/j,t)v ^x lv A 10 '] To show me all reasonable consideration ; to make allowance for my feel- ings and language under the circumstances which I shall de- scribe. els ZicSoa-iv] ' For a marriage portion for my daughter,' who is ^TrLyafj.os, nubilis, 'marriage- able,' 57. The gloss of Hesy- chius, ^Tr/'ya/uos' Trarpyoj, is difficult to explain. The tech- nical term was eiridovvat irpotKa, 6, 56. [On irpoi, see Hermann's Privatalt. 30, 14 to 22 = p. 263 ed. Bliimner, also 65, 15 to 17 = p. 66 of Rechtsalt. ed. Thal- heim; and Becker's Char ides in p. 293 7 = p. 480 of Engl. abridgment. S.] 5. ebv fj.rj\ 'When they need not have come into court at all.' See Or. 39 12. 186 XL. IIPOS BOmTON [ 5 9 Trarrjp rjiJiwv jAr) opdws 8i7rpd^aro rj OVTOI et? eicelvov , dvayfcd^ovcn S' e/ne SiKa^eadai avrols. iva rovrov OVTOI, e dp%rj< rd 'H a>Krjae rc3 {iu> irarpL c s Sifirpa^aro] 'Any words act which my father improperly S^T/rTiV /cai TraptSpy [H]o\va- committed. ' He somewhat curt- pdry XoXa/ryet. Boeckh, Publ. ly alludes to the paternal pec- EC. n vii p. 245 trans. Lamb. cadilloes mentioned in Or. 39 S.] 26. Perhaps certain political XoXapy^ws] Hesych. XoXap- misdoings are included. Ibid. y-ijs' Srjfjios r)] 'Eeceiving back.' scription concluding with the Kennedy. p. ioio] IIEPI HPOIKOS MHTPHIAS. isr ical ylyvo/jiai avrois eya> re feat a'XXo? dSe\(f>o$ vecarepos efiov, o? ert Trat? wv ereXevTr/a-ev. 6 Trarijp 8 fj,ov 7??//.a9 ei%e yvvaiKa ev rfj oiKia rp eavrov, e/ie re liralSeve KCU rjyaTra, oocrTrep Kal vpels cnravres rovs v/jLerepovs TratSa? dyaTrdre. rfj 8e rovrcov /ArjTpl TI\ay>yovi eir^crlacrev ovrtva $r) TTOT' ovv rpoTrov' ov >ydp ejMov rovro \eiffla, 'he had form- ed a connexion with' [Isaeus 3 10], a common sense of ire\d- eu>. Aesch. Suppl. 300, OVKOVV Soph. Trach. 17, irpiv rrjffSe /COITUS efj.Tre\aa6rjvat TTOTC. Eur. Andr. 25, 7rXa0eicr' "Ax*XX^wy TrcuSi. Hence the Spartan word TrXaris, 'a wife,' Ar. Ach. 132. 9. OVTUS ov uffT ov8 K.r.X.] Adeo non prorsus cupidine victus ut ne mortua quidem matre domo earn ad se receperit. We may construe either ov iravra, in the sense of /j.erplws (C. E. Kennedy, ' he was so far under restraint '), or ou KfKpaTTifj.fros iravra., 'not wholly (or in all his impulses) overcome by his passion.' The general sense is, 'and though he was very fond of her, he refused to give either her or her sons any formal recognition.' ['He was not so mastered by his passion, as to introduce her to live with him in his house.' Prof. Kennedy.] 8 10. Manilas treated his lawful wife with all affection, and, me also her son; while Plango the mistress and her brats held quite a secondary place, and were not acknowledged at all; nay, even on the death of his wife, he would have nothing to say to them. It was only when Boeotus being grown up had conspired with some good- for-nothing friends of his to defraud me, and by their ad- vice had brought a suit against my father to compel him, tlmt he reluctantly acknowledged the children of the mistress; and the defendant gained his end by the perjury of the woman in collusion with Menecles. wffirep Kal v^eis] An ap- peal to the feelings of the judges, and a compliment to their character. The argumen- tum ad misericordiam is simi- larly seen in 4, 5. ovriva T/DOTTOJ'] This must mean that he does not know and does not care to inquire 188 XL. IIP02 BOIHTON [911 Trap' eavrov elcroe$;aa-0ai, ovoe rovrov. f Bekk. (j.era avrov Z. (fj-eravrov 2.) T6j n& d\\ov xpbvov] 'In the^rst instance.' OVK Sires] The meaning is, that they were not sons at all till a later period, when they were legally made so by adop- tion. 67r5i7 5' K.T.X.] There is no proper apodosis, which was in- tended to be at TeXei/rwcra T) nXayywv, in 10. It would be better perhaps to place not a full stop, but a mark of aposi- opesis, or break in the sense, after txeivov. Shilleto cites this passage, not. crit. on De Fals. Leg. p. 333, where a long and irregular sentence begins with eTTfidrj d. irapa.o'Kevacrd./j.evos] In Or. 39 2, where much the same words occur in a more regu- larly constructed sentence (cf. Introd. p. 180), he uses jue0' eau-roO KaraffKevdaas, ' having got them to act with himself against his own father.' 10. OVK ai> fj,o\6ot? elcnroLrjaeiv y/et?, avrrj 8\ av 7rpo9 ro3 SiaiTrjTrj 7rpo/ca\iJTat, avrrjv 6 Trariqp JJLOV 6fJ,6 e avrov yeyovevai, ov Seecr0ai h rrjv '7rp6K\r)(Tiv' TOVTCOV yap yevofievcov ovre TOVTOVS rf)S 7r6\ea><; 1 , TO) re irarpL JJLOV ov/ceri avrovs Trpcvypa'ra 7rape%eiv r^9 /Arjrpos ov Be^afjLevr]s Ma/copr.) 15, e/aol yap OVKTI ol6i> T' rfv, u> dvSpes SiKaffral, KV- pldai, flffTreTronjK6Ti rbv iraida eis TOP olKOV rbv Ei;/3ou- \L5ov Or. 44 (-n-pos Aewx-) 34, OVK tTTi\oyicrd/j.evos STI ol elff- TTOITITOI OVK O.VTOI V(f> CLVTClV, /JLO\O- OTI ov S^oiro. With the infinitive, fj.rj would be the usual idiom. cure TOVTOVS] As long as the three boys were enrolled in the phratries, their citizenship would be secured to them ; while, if enrolled as the sons of Plango's brothers, they could no longer claim to be the sons of Mantias, and he would be rid of all fur- ther trouble from them. For a common expression, it is hardly necessary to cite inf. 35, xaKd /act Tra/^xcoj' 7)vdyKaff ^e Xa^elv airy oinriv. Mid. 17, p. 520, KO.KO. Kal irp6.yfJLa.Ta df^vdifrd fj.oi Trap^xaw Ster^Xecrey. Ar. Vesp. 312, ri fj.e Srjr, u /xeX^a [ir/rep, ^riKres, Hv' efj-ol irpdyna.ro, flbvKeiv iraptxw, (This is said to be from the Theseus of Euripides. The original probably was, 'Lva. ffoi Trpdy/jLara pocnceiv irap^x u , ' to give you trouble in main- taining me. ') 11, 12. Plango violated her promise and declared on oath that the defendants were my father's sons; and so he was compelled, though seriously an- 190 XL. DPO2 BOIOTON [ 1114 TOVTOW ri av vfuv /MaKpo\oyoirjv ; co? yap irpos rov Biairrjrrjv dTnjvrrjcre, Trapaftdcra Trdvra rd ca/jio\oyr)- fjueva 77 H\ayya>v Several re rrjv irpoK^rfa-tv fcal o/J,- vvaiv ev ru> AeX^mw d\\ov opKov evavriov ro3 irpo- repa), 7;/Ltou yf)fj,at dvyarepa, /3ouXo//,ez>09 TralB yevoftevovs eirtBeiv. eydu B\ to dvBpes BiKaaral, noyed at the result, to enrol them as such in the phratries. I then, at my father's request, married at the age of 18. irpbs rbv 5.] The accusative is used from the notion of going to court to meet some one by agreement. So inf. 17, OVK ivi({> SiKacrTJjpiov Aij/i. . ryr/fAavTOS Be fj,ov TOV rpo~ 13 TTOV TOVTOV e/eeivos f^ev TO Ovydrpiov JJLOL ejriooov x own?] ' Not as being really my brothers,' contrasted with o^ rpOTtov yeyovaffiv (' the manner in which they have become so,' or 'in what manner they have been born.' Prof. Kennedy). \e\r)6affu>] He might have said ov \t\-q6ev, but the Greeks, as is well known, prefer in these idioms the personal use of the verb, e.g. dixcuos el woieiv, ot/cas Troiriffeii', &c. The matter was irepif}6-r)Tov, ' notorious,' 11, and so the jury are now sup- posed to know all about it. [Aristotle's allusion, quoted on p. 141, implies that the facts were noised abroad. S.] e^TjirarriOr)] He uses a word which has more of bitterness even than ijvayKaffdrj. 14. elffSfxQtvres] Here the aorist of a deponent has a passive sense as well as form. See a paper by K. Shilleto in the Journal of Philology, xin p. 151. (A good example, omit- ted by him, is Eur. Hec. 448, 192 XL. IIPO2 BOIHTON [ 1416 rrjv rrjs [ArjTpos Trpolfca avreve/caXovv teal ovroi, /cal efyacrav 6(f)ei\cr6ai teal rfj avrwv ^rpl TTJV icnjv Trpotfca. avfj,/3ov\evcrdvTa>v 8' TUJLLV TWV Trapovrwv TO. [iev aX\a Trdvra eveiiid/jieda, rrjv S' oltcfav teal rot)? TralSas TOU9 Sia/covovs roiV TOV Trarpo? 15 e7roir)O'd/ui0a, 'iv etc pev rrjij;o/j.a.i ;) eve/MfJieOa] From Or. 39 6, it would seem that the property was equally divided be- tween the three brothers, the house and the slaves being re- served till the claims about the dower should be adjudicated. See inf. 60. rj\v forjv] It does not seem easy to reconcile this statement with 20, where the dower is fixed at 100 minae (60 minae be- ing a talent). Perhaps the reck- lessness of Boeotus' statements is glanced at in the latter passage. rC.v irapovruv] The friends who were called in to advise what should be done. Kennedy renders it, 'under the advice of persons who were present.' TOI>S ircuSas] Either these words or TOI>S dia.Koi>ovs read like an interpolated gloss. Mr Mayor however remarks (p. 247) "A reference to the in- dex shows 7ra?5a SiaKovov p. 1155, oiKtrrjv diaKovov p. 1359; and it seems probable from other passages that SIO.KOVOS was a term applied to a superior class of servants." elai/^Tous] ' Specially re- served.' Cf. inf. 56, 60. 15. iva K.T.X.] 'In order that, to whichever side of us the dower should appear to be due, that party might recover it from (the value of) the house ; and that if the defendants should put in a further claim to any of my father's effects, they might make inquiry respecting it from the slaves, as common property, either by torturing them or by looking into the matter in any other way they may please. ' The exact sense of ewifyTwffi is rather obscure. Kennedy trans- lates, 'should these men want to search for any of our father's effects.' It might be, that they supposed some property had been concealed, and that the slaves knew where it was; but it might also mean that (as in Or. 36 14) some small effects p. 1013] IIEPI IIPOIKO2 MHTPHIAS. 193 \a%ov 16 fca TO 1013 MAPTTPIAI. Mero. ravra rolvvv ovroL r e/jt,ol SiW VTrep wv eveKa\ovv Kayoa TOVTOIS inrep rr;? Trpoarov TrapaypatydfAevoi, SdXow ovTM eVeT/je^ayu-ei/ Sifcdfjbev d\\rj\oivyo8lKovv] ' Shirked the hearing altogether,' Kennedy. A rare word, if not ewrctl eiprj- fJitvOV. jrdXiv virapxiis] Soph. Oed. Tyr. 132, dXX' e virapxrjs a50ty O.VT y<<> ai>u. Hesych. e Trapaypa\j/dfj.evoi] ' Having had his name registered.' See on P. S. D. eirl rb ly/cXTj/ua] This clause reads like a gloss. ' Having had the name Boeotus written upon it,' is the simple sense. 13 194 XL. HPOS BOIOTON [1619 BoT6V TOVTO yap avro) 6 TraTrjp eOeTO 17 TOVVO/MI. Trepl fJ,ev ovv wv ovToi poi eSiKa^ovTO, Trapov- T09 TOVTOV tCdl aVTiStKOVVTOS Kal OVK e^OVTOS CTTlOei^at, ovBev u>v evetcd\ovv, aTreSiyTrjcre fj,ov 6 BiaiTrjTijs' KCU OVTO9 crvv6iB(i)s avTw aSt&>9 ey/caXovvTt, OVTG ecfrfJKev 19 TO SiKaaTTJpLOv, ovTe vvv Trepl eKelvwv ecXrj^e poi SlKTjv ovSefj,lav, d\\d Trepl d\\Q>v Tivd5v, \vcreiv T069 eytc'hijfjiao-t, TOVTOIS TTJV SiKrjv TdVTrjv olo^evo^. rjv 8' eyew TOVTOV eSlw/cov TOTC Trepl Trjs TrpoiKos, eTriSr/fj,ovv- T09 TOVTOV evdd8e teal OVK dTravTrjcravTos 77/309 TOV 6 iraTrip WCTO} See Or. 39 4. Mantitheus resolved not to ac- knowledge any other name than Boeotus for his half-brother, al- though it is more than probable (as before remarked) that he had succeeded in establishing his right to be called Manti- theus. This indeed appears in 20. 17. irapbvTos] See 31, Trapwc curds ore airfdi^Trja'^ fiov 6 SiaiT-rjTri^, and inf. 55. When he brought the action against me, he appeared before the arbi- trator, and accepted the cross- suit which I at the same time brought against him, though his name was entered as Boeotus. But when the suit went against him, then he said he was not Boeotus, but Mantitheus. For aTroSiaiTav, like diroyvuvai TWO. TTJS 5i/c7jj, 39, is to acquit, or give sentence in favour of a person. The full phrase, which occurs in 55, is airooLouTav diKrjv Tiv6s. The contrary is /coraStcuTai/ Tt^os. Cf. Mid. 85 ireiOeiv avTov T\V KaTeSeSiTjTriKei, TavTrjv 6.TTo5fdiriTT)/J.ei>T)i> a.Troai- veiv. t(j>r,Kev] See Or. 34 21. Trepi eKeivwv, i.e. he has not now made that claim, viz. specially and exclusively to the dowry of his mother Plango. TT\V diKtjv Tavrrjv] He thought that my claims to my mother's dower might be set aside by his counter-claim to other pro- perty; or at least, that if both claims were allowed, one might cancel the other. See 3. rbre] "After the death of Solon each party brought a suit against the other. Boeotus ap- peared in court as plaintiff, but made no appearance as defend- ant. This is shown by the antithesis Trept fj.tv o5c wv ovroi (tot, edixdfrovTO rjv 5' eyta TOVTOV eoiuKov. It is this second suit, not that before Solon, to which rore refers." Mr Mayor, p. 248. eTridrjfj.ovi'Tos, though he was in town and might have appeared if he had liked. This seems to show that in the case of absence abroad, a judgment could not go by default. But there is some obscurity here: the first arbitrator, Solon, died before the decision was given; before the second arbitrator Boeotus did appear (dvTidiKovv- TOS TOVTOV). eprifATjv, so in the same passage of the Midias, Tr)t> tp-rmov deduKOTa, SC. 5iat- rav. p. 1014] IIEPI IIPOIKO2 MHTPmAS. 195 rjv, ep7jfj,rjv KareSif/Trja-ev avrov. ovrocrl 8\ c3 18 dv8pe epyy rrjv Trpolrca fj,e rfjs aTTocrrepel. diropwv S' eyeo rl dv rt<; ^prja-atro Trpdypart, ovrw 7rd\iv rrjv avrrjv ravrrjv Sim avrut Mavrtdeo) evSeicdra) eret vvv et9 vpds icaraire- 1014 $ 8e Kal ravr d\7jdfj \eya>, dvayvcacrerai v/J,lv irepl rovrcov p,aprvpia<$. MAPTTPIAI. r/ Ort fMev roivvv, a> dvSpes 8tKao-ral, % re /jLijrrjp 19 (Aov rd\avrov eTreveyKa/Aevrj 7rpol/ca, e/cSodelcra VTTO ronv aSeXc^cSv rwv avrrjs, So~7rep ol vofiot Ke\evovo~t, translates (p. 248), "I prose- cuted him as being actually Mantitheus, under the actual name Mantitheus.") If MOVTI- Oey is not to be regarded as an interpolated gloss, we must con- clude that the legal difficulty could only be got over in this way ; for the defendant, after his father's death, t\6u>v els rods drffjioras avrl BoiwroO MavriOeov eveypa-^ev eavr&v, Or. 39 5. And the filing of an action against Mantitheus was a vir- tual acknowledgment that he could now legally claim that name. It is very likely that the trueborn Mantitheus really lost his cause by showing 'con- tempt of court ' in still insisting that Boeotus was the right name. It would doubtless be a hard matter to alter a name once duly inserted in the ypap.- 18. ovToa-l 8(: K.T.X.] ' Thus the defendant in this (the se- cond) case not only did not appear, though he was in A- thens, but he declared I had not got the verdict against him, for his name was not Boeotus, but Mantitheus. ' See inf. 34, and Or. 39 37. We might have expected ovroffl 8rj, K.T.\. but the 5 is really antithetical to 7re/H jj.v ovv cSf our 01, &c. above. di'OjU.art d/j.fpifffiriT&i'] 'By dis- puting (quibbling or cavilling) about a name.' For the anti- thesis with Zpyy, see sup. 1. diropuv K.T.X.] 'As I scarcely knew how such a case was to be dealt with.' Kennedy. Cf. Or. 34 46, eyu 5' OVK %w rl xpTjo-ajyacu TOIS TOVTOV /jLapTvcriis , and 53 13. Macrifl^] 'As Mantitheus,' i.e. by an altered name. (Or perhaps, ' with Mantitheus him- self,' in ironical allusion to Boeotus being somebody else. Cf. 20 init. Mr Mayor does not think any irony is meant, but 19. ucnrep ol vo/j.oi] The brothers were Ktipioi, i. e. had legal disposal, as next of kin, 132 196 XL. FIFOS BOIHTON [SS 1922 LOO ru> rrarp, Ka ov rporrov ey 77 Mavrldeov, rj o TL TTOT' a'XA.o %alpei irpoaa- , SiKalav pev d7ro\oyiav Kal aXijOtvr/v e^eiv elirelv, eTTL-^eipijcretv Be rfj To\/j,rj Kal ry dpacrvrrjri rfj eavrov ino-revovra irepuardvai ra? eavrov av/j,(popa<; et? e/^e, a-rrep Kal IBla iroielv elu>6e, Xeyeoz' s rpid- ing the name of Boeotus. Kovra /jivas eKartyq.. S.] dXyOivrjii] 'Genuine,' op- a.Tr{vyot>] 'Obtained judg- posed to trXaffr^v, 'fictitious:' ment in the actions which they while d\i}6ij is opposed to brought against me.' Kennedy. \f/evdrj. The double accusative is used as irepuffrdvai] See Or. 37 39. in /jLereXdeiv nva diKTjv. See inf. The intransitive is more com- 42, as ^70; StKas TOVTOV dir^- mon, as TO Trpayfia Trepi^ffrrj els vyov. vtrtpSeivov, &c. See Thuc. i 78, 20, 21. Having no just & rivets (pi\et Trepuffraa-Bai. Or. plea, he will pretend that his 37 10, opwv TO Trpay/j.d /not mother Plango was entitled to 7repie(TT7;/f6y ets S.TOTTOV. The the residue of her father's con- meaning seems to be, that he fiscated estate, and that my will try to make it appear that father actually received it, while my mother's father had been my mother had no dower at all. proscribed (by the Thirty, pro- But this is mere assertion ; for bably) ; which in fact was the he knows it would not suit Ms case with his mother's father. interest to admit that he is act- ' He will try to shift the mis- ing dishonestly. fortunes of his own family on o rt TTOT aXXo] sc. 6vo/j.a. my shoulders.' Kennedy. See on 1. There is a kind of K rov fiovkevr-npiov] Whether pettishness in this reluctant generally or specially, after the p. 1015] IIEPI IIPOIKO2 MHTPfilAS. 197 rr/v [Mev avrov pr/repa erre- Trpoitca TrKelv r) eKarov fjivas, rr)v S' e/j,r)v 21 avBpes Bi/cacrral, ovre fAaprvpiav ovBejALav epfteftXr)- fj,evos inrep rovrwv OUT' dyvotav a>9 ovBev vyies \eyet, aXX' a/cptySco9 ei'S(W9 on, 6/j,o\oy(av /J,ev dBitceiv ev vjj,lv 1015 ovBek TTCO dTre ov ytyovainv dvOpUTTOL Kal KplfffLS ylyvovrai, ovdels iruirod' 6/j.o\oywv dSiKeli' ed\b}, ci\\' avaiffxvvrovffiv, dpvovvrai, ij/ftidovTai, irpcxpdffets Tr\aTTOt>Tai, irdvra. TTOLOWLV \nrtp rov fj.7i dovvai 8iKr)i>. This pas- sage belongs to a later date than the present speech, but the writers of both may have borrowed from an earlier origi- nal, Blass Alt. Ber. in 453. S.] irepl Totfroi/j Either 'about this matter,' or 'about the family history of the defend- ant.' 22, 3. Pamphilus, in fact, the father of Plango, died in- debted to the treasury, and in a sum so large that the sale of his property did not realize it. Besides, had there been any surplus, it must have come to the sons, andnot to the daughter. 198 XL. IIPO2 BOIHTON [ 2225 veyKaro, ev Trevre rd\avra ra> Brj/juoo'la) oei\(0v ereXevTrjcre, teal rocrovrov eSeqcre TrepiyevecrOai ri rot? etcelvov Traicrl 7-979 overlap dTToypa^eiarijf /cat Sr/fjievdelo-ris cocrr' ovSe TO OffrXlJ/jLa rrdv V7Tp CIVTOV e/CT6Tt<7Tat l , a\X' eri KOI vvv 6 TldfJ,(f)i\o<; oei\(ov rc3 Brj^oala) eyjeypaTrrai. 7rc3? ovv olov re rov epov Trarepa ^prj/jiara \a/3eiv etc T^7? TIa/J,(f)i\ov overlap, f) ovS 1 avro TO o^A/^/Aa i/cavr) 23 eyevero rrj TroXe*. efcricrai ; eireir' , w dvbpes evOvfj^eicrff' ori el rd fjudXtcrra irepieyeveTO rd ravra, wcnrep ouTOi m fyacnv, OVK dv 6 e/A09 Trarrjp avrd \a/3v, aXV ol rov T[ajA(f)i\ov v/et9 BoteoT09 Kal f H8uXo9 Kal }ZvdvSr)/j,ou rivbs oios elvai uffre, K.T.\. diroypaeiffr]s, after an inventory of it had been made, and a formal return of the goods or property. See Or. 34 7. A similar word is d-rro^affis and aTrofaivfiv. Or. 42 1, 9. tyytypairTai] ' Stands in the register.' Kennedy. Cf. 53 14. 23. el TO, fidXtffra cc.r.A.] 'If it were ever so true that this surplus existed.' oriavovv] The common read- ing before Eeiske's edition was OTIOVV , which comes to the same thing. The latter, G. H. Schae- fer remarks, is for 8n ovv iarlv, the former for tin dv ovv rj. ' They surely were not men who, to get hold of the property of others, would (as you all of you know) have recourse to any artifice, and yet would have tamely allowed my father to have received what belonged to them.' Kennedy translates: ' persons who would go all lengths to get the property of others, as you all know, and of course would never have allowed my father to receive what belonged to them.' The dv belongs to both clauses, but the imperfect represents the habitual way of action, the p. 1016] IIEPI IIPOIKO2 MHTPOIAS. 199 airavres tcrre, ra S' avrwv rov epov Trarepa tcofjucrd/jievov. on [J,ev roivvv rj ye rovrwv [Mjrrip OVK 24 eTrrjveyKaro Trpoltca, aXV ovrot rovro ifrevSovrat, Ifca- v&s u/i9 i^e^aOriKevat vo/jii^a)' 'on S' 77 e//.?) /Atjrrjp eTrrjveyfcaro, paSiws eyw Bei^w. Trpwrov fiev yap Tlo\vapdrov dvydrr/p rjv, 05 KOI v v^Siv e /cat 7ro\\rjv ova-lav eKe/crrjTO' eVetra vjuv (w? at 77 d8e\ * l~ 5pv n fl 5 il \>/ iravrwv ev ry TroXet tvooKi^aai' OOCTT ovre rov e/eet- vpu TrpoarJKev vlov aTrpoucov avrrjv yrj/^ai, ovre Me^e- aorist the single event. A similar syntax occurs inf. 26. 24, 5. That his mother did not bring a dower, but mine did, is easily shown. My mother belonged to a rich family, and married for her first husband the son of the great Clean. After his death, it was not like- ly that her wealthy brothers should have withheld her dower ; rather, they would have added to it. Xapplov] The celebrated A- thenian general, who married the sister of Eryximachus. 25. 0a(n...K\v it is merely meant that the ances- tors of some of the present jury might have served under Cleon. rbv ^Kelvov vibv] Not merely 'his son' (Kennedy), but 'the son of that distinguished man, now deceased' ( 28). 01) -rrpoffTJ- Kev, ' it was not consistent with the wealth and position of the family.' 200 XL. HPO2 BOmTON [2528 gevov Kal T$d0v\\ov et/eo9 e&riv, avrovs re ovcriav TroXXrjv KeKTripevow; Kal KXeo/ieSoi/ro? rekevrrjaavros rrjv 7rpoiKa, dTrocrreprjcrai rrjv do~e\r)v eavraiv, d\\d rrpoadevras avrovs eK^ovvai rc3 rrarpl, KaOdjrep Kal aural 77/309 vpas Kal OL 26 aXXot fJLe/AaprvprjKacriv. %&>pi9 Be rovrcav evOvf^r/drfre Bid ri av rrore 6 Trarrjp, eirrep rj fjbev n eprj fj,r)rr/p pr) rjV eS Z cum 2. ceivable reason for my father adopting me and disowning my half-brothers was, tJiat my mother was the lawfully affi- anced and dowered wife, while Plango was without fortune, and but a mistress. For it is not denied that his affection was rather bestowed on their mother; so tJiat he would have preferred, as a matter of choice, to adopt her sons rather than myself, who was but an infant when my mother died. tyyvrjTT]] 'Affianced,' sc. ^KOOV- rwv avTrjv TWV dSe\u>, 7. [The word does not appear to occur elsewhere. Cf. Isaeus III 70, eveyva Kal e^fdlSov r-rjv ywaiKa, \'i 14, avvoi.Keiv T) tyyvrj- 6ficrav Kara vofj.ov rj eiridiKaff- Beiaav, [Dem.] Or. 46 18. Hermann, Privatalt. 30, 7 = p. 262 Bliimner. S.] 27. evirpeTrris ovffa] This clause explains the continuance of the connexion as well as the An argument from the probabilities of the case, which is continued in 26, 7. See on Or. 34 14. ai/7-tws] Ipsos ; 'they would themselves (i.e. out of their own property) have added to it.' As a mere accusative of the subject, the word would here be superfluous. Keiske proposed, and Schaefer approves, the in- sertion of av before O.VTOVS. Rather we should expect, in this case, dXX' avrobs dv irpoff- Otvras. But this cannot be necessary. (Goodwin's Moods and Tenses 49, 2, note 3.) We know from 6, 7, 19, that a talent was the dower the lady brought both to her first and to her second husband. Hence it does not appear that the brothers really increased the dower, though they may have given her presents beside. Kal ol oXXot] See 19. 26, 27. The only con- p. 1017] KEPI IIPOIK02 MHTPOIAS. 201 rrjv oiv ovcra 7Tr]craev avrq)' wcrre /j,a\\ov et/co? rfv avrov Sid rr)i> ^dSaav yvvalfca, 779 epwv Tvy%av, TOV rr?? redvewcrris vlov drifMa^eiv, rj Si e//,e fcal TTJV TT\VTrjKviav TOVS e T^? &>cr?79 KOI TrX.rj- Z cum SrA 1 . considerable time it had lasted ; and it is a necessary part of the argument etc T&V eiKoruv. The elegance of the Greek and the cleverness of the reasoning here are alike admirable. eirXrjffiafev, see 8. 175 kpdiiv fnjyx av ] 'Whom he was in love with at the time,' but the imperfect gives the additional sense, 'during all the time.' Properly, riryxaVw Troiwf is not 'I happen to be doing,' but 'in doing it I fall in with some particular time,' or coincidence of time. Thus trv- Xev eiwv means 'he had just gone out,' not ' he happened to have gone out,' and in Soph. El. 313 vvv 5' dypoiffi Tvyx&vei is, 'at this present moment he is in the country.' This idio- matic use was pointed out by Donaldson (Neiv Crat. 445), and it is an important remark, though apparently but little at- tended to. 7r\i)(Tiao6is, i. e. ?Tl aVVOlKOVffTJS. 28. Boeotus has the auda- city to assert, though he has no credible witnesses to prove it, that his father celebrated the tenth day after his birth, and so acknowledged him as his son. But all of the judges are aware that he did this only from constraint, and because he was threatened with an action. SeKdrtjv e r-rj deKdrrf rrj TavTijs K\-r)6ti>Tes ffwecFTiaurdai. S.] TifjAKparovs] It has been pro- posed to identify this Timocrates with the person against whom Demosthenes delivered Or. 24. Arn. Schaefer, Dem. u. s. Zeit, m 2, 218. S.] ] See 21. Here also (see 25) there is a slightly more demon- strative sense than O.VT would bear. It is illi rather than ei. A person absent, e.g. from death, becomes e*e?cos as pointed to in the distance, as it were, as sup. 25, inf. 45, and Or. 39 33, e OTOV 5' dptcreis eKelvip (sc. r^5 rereXevTijKOTi) /XT? ffKoirelv. So Or. 36 28, Z&MC/XXTT/S d Tpaire^L- TTJS eicelvos, and 35 6, o Aio0w- TOV Uldj, 6/CetVoU TOV ^(ptfrTLOV. Perhaps we should so render ruv fKeivov, ibid. 4, 'the pro- perty of his deceased brother.' 202 XL. IIPO2 BOIOTON 2831 Kacriv ware ov Trdvrtov V/AWV eiSorwv ovrocrl \a^d)V aKovra tfvdjKacre Troirfa-aa-Qai avrov, TOVTOV OVTOI, wcrTTep tc\r)Tr]p<>, Svo (JLOvoL 6We? fiaprvpovcn SeKarrjv virep TOVTOV ecrrtacrai. ot? rt? av vpwv TTL- crrevcreiev ; KOI /j,rjv ovS" e/celvo ye elrreiv avTw evBe- , o$9 piKpov ftV ovra eVotetro ainov o Trarr/p, Se jev6fj,vov rfj ^rpl 6pytcrdei Tl Xtyoi ^/cetvos, fcrws ovSev droirov. It is said that the North-western American Indians always speak of 'that dead man,' and think it unlucky to mention his name. So ^*e? is often a euphemism for iv ".Aidov. Young students are very apt to overlook this well- marked distinction. It may be stated as a rule, that neither eKfivos nor ai)rds ever means 'he,' though avrbv regularly means 'him.' In fact, the Greek language has no way of express- ing the simple object ' he,' ' she,' 'it' (is, ea, id). In the N.T. the usage of eKflvos seems affect- ed by the Latin idiom. When (as in 29) CKCIVO means, like illnd, ' the following fact,' it really points to something not actually present, ' that other thing.' And hence olim, the locative of ole, olle, ille, means 'at that other time,' i.e. either past or future. StK-qv Xaxow] See Or. 39 2. uxnrep /cX^TTjpej] ' Like wit- nesses to a summons, a pair of them only depose, &c.' Kennedy. "Actori reum citanti duo so- lummodo K\i)rr/pfs (subscripto- res) aderant. Hos igitur duos testes ait potius subscriptores p. 1017] IIEPI HPOIKOS MHTPHIA2. 203 at/rot? Bieve^dwcrt d6rjvai, irpwrov fjue^vrjaOe 'on OVK 6\iyo<; %p6vorjfcev et? TO Bitca- evefj,etve re rfj Bialry. /calroi droirov Bo/cei fjboi elvau, el ol fjuev d\\oi, orav oicavrai dBiKeicrOai, /cal ra? Trdvv pi/cpas Bltcas et'idcrtv, 0^x09 Be /AOL Trepl TrpoiKos Bi/crjv ra\dvrov \a^wv, Tavrrj, W9 iacnv, bring the matter by that he was not fully prepared appeal before the Heliaea. ivith his case. But he had time ravrrj] sc. TT; SiatTy. 'If he enough; and he ivas the plain- nevertheless abided by, or ac- tiff, not the defendant, who quiesced in it, though, according might rather plead 1 unprepared- to his own account, it was ness.' Besides, why did he not unjustly given against him.' appeal, if he thought the verdict 32, 33. He will tell you, ioas wrong ? forsooth, that he was not fond av 5t X^T;] 'Should he go of going to law. But it is not on to talk about the actions,' so; he shoived toiuards me a &c. See 16, 17. temper very different from your OVK &\lyos xpopos] Between forgiving dispositions ; he ac- the first arbitration, which tually took advantage of some 204 XL. HPO2 BOIOTON [3134 32 avros r/cri,v, aSt'/ftu? /caTaSiaiTrjdels* eve/jieivev. vrj ioiS At", aTTpdyfAwv 9 rjl; iota are' ovro<$ &' e//.ot a Me^e:Xeoi9 Toy iravrwv TOVTWV ap^tre/croz/09 fcal r Bekk. cwm H. Wolf (c/. Or. 21 85, 9R). coniecit Sauppe (aTrodiairrjOeia-ris rA 1 . a7ro5icuT?;0ets i ceteri). blows that passed between us in a quarrel, and made a cut on his own head in order to make out a case against me before the Areopagus, of icound- ing ivith intent to kill! But for the confession of the doctor who was asked, but refused, to lance him, I might have been transported for life. V7j Af , aTrpa.yiJ.biv ... Kdl ov a\r]v eis TO diKaarripiov padifciv, 36 53, 54 24. S.] vvvl 5^] ' But as the case is.' vyadevffai.] Perhaps this fact is not elsewhere recorded. " The sons, even of such among the Thirty as did not return, were allowed to remain at Athens, and enjoy their rights of citi- zens unmolested ; a moderation rare in Grecian political war- fare." Grote, H. G. chap. 66, vi p. 4 (where the present passage only is referred to). It would seem that, after the defeat of the Thirty by Thrasybulus near the Piraeus, B. c. 403, and the peace made by Pausanias, a compromise was made between the oligarchical and democrati- cal parties, since the greater part of the wealthy citizens (the 3000, as they are called) were more or less concerned with and impli- cated in the tyranny of the Thirty. Cf. 46, irpbs TOVS eirt riji 6Xi7ap%tas iroX\oi)s TUV TroXt- rCiv turpfroM diroKTeivavTas 5ia\~ \ay^vres. Andocides, de myste- riis, 90. ffwa\f/aij.evos] ' Having con- certed a quarrel that should end in blows. ' (He ' contrived from words to come to blows.' C. K. Kennedy. 'Managed to get up a fight.' Middle of 'indirect agency.' Prof. Kennedy.) Or perhaps = irXaa-a/uei/os, ' having invented a story about blows having been given in conse- quence of a quarrel.' Wolf in- clines to the latter, G. H. Schaefer to the former interpre- tation ; and it is not yery easy to decide between them. (Cf. Or. 54 19, Kara [UKpov vwdyeaOai K /JLV \oi8oplas els Tr\rjyas, K d irXrjyuiv els rpavfj.aTa.) The plan evidently was, to get up a case against Mantitheus by provok- p. 1018] IIEPI IIPOIK02 MHTPHIA2. 205 ei9 "Apeiov TTCU^OV /ie Trpocre/caXeeraTO, (09 (frv e/c rrjs TToXeft)?. teal el firj Eu#uSt/co9 o tarpon, 77/909 oV 33 OVTOL TO 7rpu>Tov r]\dov 8e6fJ,evoi eTTire^elv rrjv Ke(pa- Xrjv, avTOS 777)09 TYJV e% 'Apelov irdyov /3ov\r)v el-rre TTJV d\r)0eiav Trdaav, TOiavrrjv Si/crjv OVTOS dv eiXr;S 0,70- where there is probably an el- lipse of 5^7? v, though all words of this kind, like ejKaXfiv, afj.] 'To be misrepre- senting him,' ' to be saying what is untrue of him.' A favourite verb with the Greeks, for which the Komans had no precise equivalent, calumniari being hardly used in this sense. So dia/3oXcu is often used of false impressions or ill-feelings re- sulting from slander, e.g. Plat. Apol. p. 18. In Phaed. p. 67 E dia^dXXeiv has its original sense of putting two persons or things at variance with each other. 34,35. The bringing of so serious a charge against me shows his malignant intentions. XL. EPOS BOIOTON [3436 099 evr/Or/s v, a, tw? ei/ouo? Ka Kctfcovpyos Karecrfcevacrev. //.era Be ravra dvrl TOV ovofj-aro? ov eOero avrw 6 Trarrjp Botcoroi/, wcnrep Kal fAefMaprvprjTai, eVetS?) e'etvofy/j,4vriv dvd- diKov Ka.6i.ffTr)(ru>. Hesych. aVd- 5t/cof oilrajs eXtyovro 5i/cat ets a.Ktpala.v (i. e. de integro, or re integra) e'y/cafltcrrayu.ei'at, TJTOI Sid TToXirt/cijj' airiav, 77 TWI> fj-aprvpuf d\6vrwv ^/evSoKa.T-qybptav. Ken- nedy (Append, ix p. 394) ren- ders it 'a reversal of a judg- ment.' TatapxH In Or. 39 10 this office is not included in the hypothetical cases given of honours conferred by the state and claimed by another under a false name ; but it is men- tioned ib. 17. As this par- ticular case had really occurred, it is omitted in the former enumeration. A preliminary examination, probably of a per- p. 1019] IIEPI HPOIKO2 MHTPHIAS. 207 1019 /jLaa'@'r}cr6/j,evo i ? ) SiKr/v 8e e^ovXv)? (O(f>\rjK(i)<{ Tavrrjv OVK avros d)(j>\T]Kvai (j)t]crlv, aXX,' e'^tte. &>? S' ev K6(f>a\al(j) 35 elirelv, Katcd /J,OL Trape^wv iqva^Kacre /u,e \a%eiv avrai Sltcrjv Trepl TOV ovo/uiaros, ov% tva ^prj^aTa Trap avrov Xa/3ft), ft) avSpes BiKaaral, aA,V tv , edv vfiiv Soica) Seivd Trdcr^etv KOI /3\d7TTecrdat peydXa, ovrocrl Ka\rjrai Bot&)ro9, wcnrep o TraTrjp avra> eBero. ore roivvv Kal ravra \eyco, Xa/3e fj,oi /ecu rds irepl rovrcov ev- MAPTTPIAL IIpo? Tourot? roLvvv KOI on, ejw cn-parevo/jievo^ Kal 36 'Apeiviov ^evoXoyrjcra^, a\\o6ev re 4 Bekk. v TpiaKoa-tovs ararripa TOVS a-Tpariwras, 'iva Trpagk rt? Trpa-^Oeir] ical 37 real etcelvois av^epovaa^Trepl TOVTWV poi KKO/jii- IMTUV, 'to have ready-money at command.' Cf. Or. 33 6, rptaKOVTa 5 /ctvas edeiro fj.ov ouros ffvvfVTropfjffat, and 36 57. irapd T&V wKae?s] Boeckh (Publ. Econ. p. 23), quoting this passage, says, "the Pho- caic stater occurs, both in in- scriptions and in writers, as coined money; nor can it be supposed that silver pieces are meant, as the idea of a gold coin is inseparably associated with the name of a Phocaic stater. Its weight is unknown ; it passed however as the least valuable gold coin." Thucyd., iv 52, speaks of certain Mity- lenean exiles having seized Ehoeteum, and restored it on the receipt of 'two thousand Phocaic staters.' Prof.Churchill Babington (Catalogue of Leake Greek Coins, &c. p. "23) de- scribes No. 70 as a "stater of electrum, or pale gold, of Phocaea," and adds "The Pho- caean staters are now among the rarest of Greek coins ; they are of purer gold and about six grains heavier than the Cyzi- cene staters." See Plate of Coins. 'iva. irpais irpaxQeirf\ ' In order that some action might be performed to your and their advantage.' Kennedy. 37. The form xp<^s, for the more usual xpe'os, is recognised by Hesychius. The use of Trarpi- Kbv (as in ira.rpi.Kri ^dpa, /SacrtXet'a Thuc. i 13), and not irarpfov (as in Trarpipoi' aurfirrpov, irarpi^a Xp^ara, &c.), is to be noticed. Kdfj.fj.ri] We hear nothing more of this ruler of Mytilene, nor of the date when he esta- blished himself as tyrant. We know however that in B.C. 351 Mytilene was no longer under a democracy, and that in B.C. 347 6 it was restored to the protection and alliance of Athens. These dates point to the beginning of B.C. 347, as probably the latest date for the delivery of the speech. A. Schaefer, Dem. u. s. Z. in 2, 224. S.] Mr Mayor remarks (p. 248), "The circumstances re- ferred to are obscure. I should suppose that Boeotus charges Mantitheus with having re- covered money due to his father in Mytilene, in order that he, Boeotus, may claim a share of it, which of course he could not do if it were money supplied by Apollonidas and other friends of Athens for the purpose of levying a force against the ty- rant. Such a demand might p. 1020] I1EPI HPOIKOS MHTPHIAS. 209 VTrrjperatv, 09 teal vfMv Koivrj KOI e/iol ISta e^Opo? earns. oVt, S' 6 Trarrjp ripdSv, rjv etyq^lcravTO avrut Bcopedv ol M.vri\r)i>aloi, evOvs avros eKOfjilcraro, teal <; ev MvriXr/vr}, rwv vperepwv peo/j,ai paprvplav. MAPTTPIA. roivvv, co dvBpes BiKaaral, teal a\\a 7ro\\d 38 teal Setvd \eyeiv, a ouro? KOI els e//,e real et? V/MOOV eviovs yfjudpTijicev, dvayKd^ofj,ai Bid TO o\ieTioj'] To rouse the an- proofs enough that he was not ger of Cammes against both the man to go unprepared into Mantitheus and the Athenians, any suit against me. Boeotus told him that the vdwp] note on Or. 54 36. debt had been extorted from dy&va Trepl Qvyijs] 32 fin. his citizens, under the plea of airapdffKevov, 30 fin. its being due to the father, in TT/JOS dtrbv K.T.X.] Seesup. 11. order to aid and abet the popu- 39, 40. He will tell you, lar side in the 0Ta<7is against that he made me an offer to settle him. all the matters under dispute Supeav] This would seem to by arbitration. Why, an arbi- have been a vote of money for tration had been given, and some services performed to the more than once, in my favour. state by Mantias when iroXirevo- What motive could I have for (jievos, Or. 39 3. disturbing the decision by ap- TWV b^erf pur l\v at Sltcat, OVTTO) reXo? efyov, erot/^o? TJV eTTiTperreiv teal TLovwvu fcal d\\y Siatrrjrf) law, OTW OVTOS (3ov\oi,TO' Trepl Se wv rpl<> Trpos TOV SiairrjTr/v dTravTijcravTO? TOVTOV /cat dvTi&itcovvTos 6 /j,ev ScaiTr)- TTJS aTreyva) pov, OVTOS Se rot? j irpbs fj,aias vlbv /cat avrbv p-aievriKOv. Or. 54 (XtKotrr/). ) 28, ftirep efiov- \ovro diicaius irpcxr^pfffOai TT/JOS V/J.SLS. 41. Suppose that some one were to bring an action of evla (alien birth) against him; what could he plead, but that he had been made a citizen by an arbi- trator's decision f let/tcis] See Or. 39 18. oiofj.vvfj.evo'i] There is an al- lusion to the double oath of both plaintiff and defendant, called diunoffia. But the mean- ing here is merely 'on his oath.' oCiru rAos clx "] 'Which had received no judicial deter- mination.' Kennedy. Kovw^t] The grandson of the well-known general of that name. foy] 'Impartial.' Or. 55 9, 35. rpis] This does not clearly appear from the account in 16, 17. One of the three cases meant may have been that before Xenippus, 44. 40. ri yap av r\v irtpas K.T.\.] ' What definitive settlement could we ever have come to, if I had set aside an award pronoun- ced according to law, and referred the same causes of action to another arbitrator ? especially when I knew so well, that, even if it is not equitable to insist on awards against other people, it is perfectly fair to deal in such a way with Boeotus.' Kennedy. Tr^pas rov 8ia\v6rjvai] 'Final settlement,' 'conclusion of our difference,' lit. ' termination p. 1021] IIEPI HPOIKOS MHTPOIA2. 211 avrov elvai, eaO' OTW av aXX) Icr^vpi^otTO 7T/J09 ravra rj BLOTI rfjs ya^rpo? avr&v o/j.ocrdcrij'S Kal rov Btairtjrov Karayvovros r/vayKaa-drj 6 7rarr)p r)/j,(av efifjietvai ry Stairy ; ovtcovv Seivov el ovros, avros Kara 42 yvajcriv BiairijTov u/ierepo? 7roXtT?79 yeyevypevos Kal I O2 1 777309 e/jie rr)v oixrlav veifid/jievos Kal TV^GOV repr), 8eov fcvplas elvat u ra9 Statra?, orav Be pr) av/j,evyov, K.T.\. ' in is thereby avoided. Isocr. Pa- seeking to reverse a judgment neg. 48 n. S.] against his own claim, which I 6/j,o Revirrrrw, ov ouro? rrpov/3d\ero Btairrjrrjv, emrpetyavros /j,ov rrepl rfjs rov ovof^aros s, aTrrijopevo-ev avr /J,r) Btatrdv. ori Be Kal ravr Xeyo), etc rrjf fj,aprvpLa<} Kal rfjs re poK\rj eicrecrOe. MAPTTPIA. HPOKAHSIS. 45 Tavnjv roivvv rrjv rrpOKk-rjcnv ov Be^dfj,evo^, eveBpevwv /u,e Kal rrjv BiKtjv ori rrXelcrrov %povov eK- Kpoveiv /3ofXo/u-efo?, Karrjyoprjcrei, eo? eyca rrvvOdvo- pat, ov [Jiovov e/j,ov, d\\d Kal rov rrarpos, \eycov w? eKeivos e/iot ^api^ofAevos rro\\d rovrov ij8iKr]o-ev. vfj,eto~atre /ca/cco9 aKoveiv v-rro rmv Vfterepcov rrai- the judgment of non-suit pro- an amnesty and have kept it nounced for me by the arbitra- with the Thirty Tyrants, after tor.' Kennedy. all their cruelty, should allow 44. irpovpdXero'] 'Had pro- the defendant to speak ill of posed,' 'had put forward.' the father with whom he was dirrjyopevaev] 'He gave him reconciled in his lifetime, and notice not to pronounce the for whom lie got so much more award.' Perhaps this means, than ever lie deserved. that he would not hold himself ^Acetvos] Like eKelvov in 46 bound by his decision; or, per- fin., used of one deceased; see haps, he sent him a notice that on 28. he did not accept him as arbi- /jAXiara ptv K.T.\.] Answered trator. [On this form, for which by av 8" dpa in 47, and taken aireiirev is commonly used, see up or repeated by /xdXtcrra ^v note on Or. 55 4. S.] in the beginning of that para- 45, 46. Not only has he graph. p\aa- TroXXou? rwv rcoKirwv d/cpl- TOU9 drroKreivavras oiaXkayevres e^/juevere rafc 6//,o- \oyiais, wcnrep %prj TOI)? /caXoi)? Kaya6ov<$ avSpas, rovry 8e ?rpo? rov rrarepa ^wvra ical Sia\vdevTt KOL TroXXa Trapa TO Slicaiov TrXeove/CTija-avTt vvv /jLvrja-i/ca- Kelv eTTirpe-^rere teal Karc \Ti{) 5] See unseemly language against his sup. 32. The sentence is an- father, observe that he is merely tithetieal in several points: giving a proof t)iat he is not 'j/ow forgave and still forgive really his son; for true sons, the men who grievously injured even if they quarrel in life- the state and your own families ; time, speak with respect of he made up his quarrel with their father's memory, while his father, and though he was putative sons have no such benefited by him in life, he scruples. assails his memory again when /Stcifijrai /c.r.X.] 'If he should dead.' These constructions are persist in acting in defiance an essential feature of Greek of your wishes and speaking rhetoric ; but they are quite evil of his father. ' Kennedy alien from both our language is here not quite correct, ' if he and our idioms. abuse my father in spite of Hvr]povr i Covert, 48 Trepl reOvecarcov avrcav /SXacr^/tioOfTe?. %&>/? Be rov- rcov evQvpeicrBe o5? drorrov eariv, el ovros rov rrarepa a>9 djjiaprovra^ et9 avrov \oi8oprjcrei; Sid rd eiceivov dpaprrifjiara vfterepos TroXlrr/s epr) rrj<; ovcrias o/z.&>9 u/xa? ala-%vvo/J,ai \eyeiv Trepl eKelvrjs 49 rt y Trarepa i, rovrov OVK ala-^uverai -^rejcov evavriov V/JLWV, et9 TOUT' ayu,a$/a CKflVOU iraiSuv aKOvtry /ca/cws, utf>\e r<$ 5r)/mo /j,ev teal erpd on e/u,e pev 77 ^rrjp TraiSa KaraXiTrovaa Te\VTr)crev, eocrre /JLOI iicavbv rjv CLTTO TOV TOKOV rrjs Kal rpefacrdcu, KOI Trat&evecrdai' rj Se TOVTWV 51 TlXayyutv, Tpetyova'a peff 1 avrrjs TOVTOVS Kal ai avTrj ravTa TOV TraTepa TOV epov ^oprjyov eavTy VTTO r?/9 e7ridvfjila<; e^ovcra Kal 7roX,\a Sajravdv dvayKa^ovaa, OVK t'cro. 8r)frov Trjs eKeivov ovcrias epol dvij\(0K6i>, twcrre TroXi) fj,d\\ov 7rpo(rrJK6iv efjue TOVTOIS ejKaXelv r/ 502. In reply to Us assertion, that I was brought up in all the comforts and luxuries of home, while he was but a poor outcast, I have to observe that his mother Plango was a most extravagant woman, and that more of my father's property was spent on her and her son than upon my education. So that on that score he is a debtor to me rather than I to him. Great expenses too I incurred in other transactions in the benefit of which he had a share. airb TOV TOKOV] Boeckh (Publ. EC. p. 113, Lewis 2 ) estimates this at 720 drachmas accord- ing to the customary rate of interest, i. e. twelve per cent. IKO.VOV fjv, i.e. I had to be content with that comparatively small sum for my education and maintenance. 51. /j.e6' auT^s] 'In her own house,' which was separate from that of Mantias. TOIJTOVS, Boeotus and his brother Pam- philus. ^oucra] ' Having my father to furnish the means,' Kennedy. Shilleto quotes this with other examples of the use, on De Fals. Leg. p. 408, 238. Similarly x/7- 7etj' and xopTyfo were used of supplies in general, by Aristotle and later writers. [e.g. Ethics i 10 15 TOIS e/cr6s ayadols IKO.VUS KexopfjyTjfj^voi' and i 8 15 ou pfaoiov TO, Ka\d. TrpaTTeiv dxopr/- yrjTov OVTO. ('without appli- ances'); also in the Greek Testament, 2 Cor. ix 10, 1 Pet. iv 11, 2 Pet. i 5 and 11. The word XeiTovpyla has a similar history. S.] VTTO, i.e. Sid, rijv twidv/uLlav. OVK tffa t/j.oi] sc. a\\d ir\eiV fiapTvptdov 53 MAPTTPIAI. rolvvv epov eXarrov/^evov ov- z Bekk. t-ytvero Z cum FS$B. (' Cf. efs TWO. yiyveaffai, Schoe- mann ad Isaeum 3 36. Possis coniicere evt^ero.' Sauppe.) father they had so much more spent upon them. 52. fjieraXXuv] See 37 5. This was a speculation, of course ; he does not say that it did not answer, but only that he had to pay for it, i. e. to the state, probably. Cf. Ar. Equit. 361, where Cleon says : d\\d crxeXtSas ^drjdoKws uvriffofj.ai and see Boeckh, Dissert, p. 650. irpbs rovrovs tvei/MH.'rji'] 'I shared the mines with them, while the whole sum borrowed I had to pay myself.' Cf. Or. 39 6, and 36 10. ec's T-ffv TOV irarpos ra^v] For examples of the large expenses incurred in this filial duty, see Boeckh, Publ. EC. p. Ill idiq.] 'On my own account,' viz. without their being in any way liable for it. To be con- strued, perhaps, with both the participle and the verb. Ken- nedy translates, 'and I have paid them out of my own pocket.' 53, 54. With all these ad- vantages on his side, his com- plaints against my unfairness, are not to be listened to. He is just the man to make random assertions without proving them, and to assume tliat you know what he says is true. Ask him, then, for his proofs, and don't let him shirk the truth by such pretences. Let him follow my example; for I produced wit- nesses to prove even what really was notorious the way in which my father was compelled to adopt him. eXarTovffdai TL] ' To get (or consent to take) less than one's due ; ' 'to come off second best in a bargain.' Thuc. i 77, Kal f\al\oSlKll' dOKOV/JifV. Hence Aristotle's ^Xarrwrt/cos, one who is disposed not to press his full claims, but take some- what less, opposed to a/cpi/3o- See Or. 56 14. p. 1024] IIEPI HPOIKOS MHTPftlAS. 217 rocrl vvv a-^6r\id^(ov Kal SeivoTradwv Kal rrjv Trpoircd yu,e -7779 /A77Tpo Kal ro\- fj,r)p6s eartv avOpwjros, Kal ovrco /ca/covpyos wcrre wv av pri e^rj [AapTVpas* Trapaa"%ecr0ai, ravra yft9 elSevai, cJ dv&pe? SiKaaral, o Trdvres TTGIOVO-IV ol [ArjSev i5, Kal p,dprvpas inroSiKOw; Trapecr^rjpai,. /cat- 55 a Bekk. naprvplas Z cum SA 1 . b Bekk. SoKifjLa^rca Z cum S et yp. F4-B. Seivoiraduv] The only passage by saying that you know things in which the word is found in about which he will not him- the Attic orators. S.] self be able to bring forward Tro\i/s] Violent, vehement. any fair plea.' Eur. Hipp. 443, Ktiirpis yap inrodiicovs] 'Eesponsible for of' (poprjrbs, TJV TToXXTj P V TI- The their testimony,' Kennedy. Lit. repetition of the word may be ' under penalty of being tried for compared with the formula if/evSo/jiaprvpla, or perjury.' The /caXos KaXdj, Theoc. vm 73, Ionic passive perfect of ira.pt- Pind. Pyth. n 73, Plat. Phaedr. xM ai i s used in the medial p. 228 B, iduv u.tv idwv -rja-ffrj. sense. It is formed regularly as ib. p. 242 D, detvbv, w Qaidpe, if from irapaffxtw, a secondary Seivbv \6yov eK6/ucras. present of Trapairxeiv. See Or. 54. Mdtvoiu&ru] 'Let 39 15, and 56 39. him think that his neighbour 55, 56. Boeotus and his does not know it either. ' brother have this further ad- a\X' atotfrw] 'No! let him vantage over me, that they can require the defendant to prove appeal against an arbitrator's clearly whatever he may as- sentence, whereas the decision sert, and not to shirk the truth of the jury against me will be 218 XL. IIPO2 BOmTON [5558 TOI OVK Tcro? 7' ijfMiV eelvai Kal vvv eKyevijaerat^ 7ra\.iv, t,, Trap epov \a/3eiv ev vfj.lv TO BiKaiov' OVK 56 Kal eyw fj,ev, eav, o /AT) yevoiro, vfiets /xe ov% %w OTToOev TrpoiKa eTTiBa) rfj Ovyarpl, 7)9 (f>vo-ei Trarijp el^i, rrjv 8' i]\iKlav avrfjs ei i av dvyarepa f^ov, aXX' aSeX,^)?)^ elvac avrrjv vofiicraire' ovroi Be, eav u/u,et9 pot, ^orjd^arjre, ovBev IK rwv IBlwv air or ia over iv, a\X' etc T^9 oiKias ra epa epol aTroBco- 1025 ievai Z cum 2. d Bekk. fyyevr/aerai Z cum S m. recent. eiTevycrerai m. pr. S. el yevTjffeTcu F'I'B. fyKaTa\f'nr-r]T Z cum SrA 1 . ai> fS^re Z (w tdrjire apa. tdoire r). Bekk. Bekk. And while I have no other hope of portioning my daughter except through your verdict, these men will lose nothing by having to pay, since the house-property they hold has the charge on it of paying the dowry I claim. aTrodiaiT-fjaai /uou] 'To have given the decision in my favour.' See sup. 17. There was an appeal (0(ns) from a public arbitrator; but a case once tried and decided by a jury could not be tried again. As this was across-suit, each claim- ing something from the other, Boeotus' suit would be still open, even if Mantitheus' had been given against him. iryti4pf*tu] A synonym of See 39 1. 56. Probably it here means, 'if you should leave (have left) me in the hands of the enemy. ' So Arist. Eth. Nic. v 4, el ey/, and so Plato (Symp. p. 208 B). Kennedy is not quite exact in rendering it 'if you abandon me.' eiridZ] See 4. TTJC i]\LKiat> O.VTTJS] 'Her size,' staturam, G. H. Schaefer. For Mantitheus had married at 18, sup. 12. e^aiperov ewon) avruf OTTOV yap ovra> (f>avepa)<; pot Tri/3ov\vcravT6<> et9 "A/jeiOf Trdyov dya>va icare- , rtVo? dv s OVTOI- 77 ^xzp/ia/eei'a? rj aX\r)<; h ToiavTrjs vfjuiv aTrocr^ecr^at 1 Sotcovaiv ', 0% 5& ye 7T/30? rot? aXXot9 (apr/w? yap Kal rovro dvejjbvr)- a-d-rjv) et9 Toa-avTijv V7rpfio\r/v To\/j,r)<; rjKovcnv two-re Kal Kptrft)f09 /Aaprvpiav evef$d\ovTO 0)9 itbtHfWU TO rpirov Trap e/iov /ae/309 r^9 oiicLas' rjv, ori "^revB^ ecrri, paSicos eiaecrOe. irpwrov fjuev ydp ov% ovro> fj JUplreov oocrre Trap" erepov OLKICLV a>vei(T0ai, ,' OVTOJ 7roXuTeX&)9 teal dcrwrws ware 77^69 rot9 eavrov Kal rd rwv d\\a)v dva\to-fcetv' eVeir' ov pap- rvpel TovTO) vvv, a\X' e/jiol avrtSucei' ri? ydp v/m,u>v s Bekk. om. Z cum 2. h rLvos ouroi TI a.pfjLa.Keias &v ij[ (aXXij 2) KaKOVpylas roiaijTrjs vfjiiv airoax^ffOai SOKOUCTLV coniecit Sauppe. 1 rlvos ovroi...a'jro(TX'h fffff Q ai coniecit Baiter. fj.eda. Sup. 15, 'iv tic T^S they have put in an affidavit otidas, OTTOT^KHJ av ^/uij/ ipai- that a third (i.e. my own) part vrfrai 6j ij irpol, OVTOI of the house-property has been avrr]v Ko/j.iz> crvfji/3e/3'tjKev. ert 8e TOCTOVTWV vpwv OVTWV, a> avSpes St/cacrrat, teal TWV a\\a>v ' A.6rjvai(av 7ro\\wv, a/VXo? fiev ovbels avra) TCCL- payevecrdai p.efjiaprvp'rjKe, TifAO/cpdrr)? Se fiovos, cocnrep airo fj^Tj^avrj^, fjiaprvpel pev SeKarrjv ecrrtacrai, TOVTW 1026 TOV epov vraTepa, rj\iKia)Trj rj u><> ov TrpoaTjKei ftoi KOf^ia-acrdai rrjv irpoiKa' Trepl rovru>v eva rj /*r?] More cor- phrase occurs Or. 35 5. It is rectly, perhaps, 17 ov, since it is here opposed to irapa iravra a direct question of fact. The ret dlicaia in the next sentence ; use of JUTJ is rather irregular: or rather, perhaps, the clause perhaps we may say that irirepa evdv/j.oij/j.evoi, on, /c.r.X. is exe- -rj pi) is equivalent to efre 17 getical of rd Sinaia, and the (jiq. two together stand in contrast. eTreveyKa/j.tvr]s] Cum domum e^ airdi>Twv, K.T.\., 'which intulerit. all the reasons I have urged 60. egalpeTov] Sup. 14. show me to be entitled to.' 61. Trape/x/SdXX??] 'If he goes Kennedy. on introducing irrelevant topics.' IIAa77oW] The subject to Ar. Vesp. 481, rovro yap Trape/j.- a^eX&r^cu. The sentence is Pa\ov/j.ev TWV rpixoivLKuv eiruv. neatly rendered by Kennedy, /3o7j0etT u/xerepco trv/j.(f)epei TOVTO ( 50). The Zurich editors, while refraining from deciding against the genuineness of the speech, admit that they have doubts on the subject, though they assign no specific reasons 2 . It closes with an appeal to Demosthenes (atdu Se KOI TWV pa> Savei^ovcri rpicr- ^iA.ia.9 Spa^t^d? e-rrl TO) irXevcrai avrov et9 AiyvTrrov tcdtceWev avdis ' Adr/va^e, Kal \ap/3dvovon pev wiro- dr/Kr)v rrjv vavv, Sto/j,o\oe\ov Z. 1. Argument. Aapetos] His name is nowhere mentioned in the speech, and it seems to have heen preserved by the author of the argument (Libanius) from some source now unknown. [The name is also given by the MSS S and B in the following words added at the close of the speech : dapeiu} KO.L Tra/mtpiXu Kara diovv- aodupov. He is identified by Boeckh (Staatshaushaltung, ad- denda to 2nd Germ. ed. p. x) with the person mentioned in an inscription referring to the year 01. 114, 2 = B.c. 3232: Aapeiy \ev S/ca]^./3wi'4ScD[j/ot/c]oOi'- nH H H... His partner Pamphi- lus is probably the Egyptian mentioned in Mid. 163, rbv UctfjL(pL\ov. Possibly Pamphilus is, like other ^rot/cot, imper- fectly acquainted with Greek, and therefore allows Darius to- address the court. Boeckh I.e. and A. Schaefer, Dem. u.s. Zeit m 2, p. 307 n. S.] 2. ewl rip 7rAeO (jbucpw Trdvv rr)v o/zo- \oyiav /caraXeXotTre rov Troirjcreiv TO, St/cata. ov (f>ajj,ev Sobcreiv, aXX' ey$i)? rco Savei^ofieix 2 TO dpyvpiov. T&> ow Trore TrtcrrevovTe^ Kal ri Xa/SoWe? TO fieftatov TrpolefJieOa] vp.lv, u> aVSpe? BiKaaral, Kal rot? z/o/iOi, from the 'bringing together' of the contracting parties. 3. But Dionysodorus is not honest: he borrowed under pro- mise of bringing the ship, ichich was the security, to Athens; and though we ought to have received our money last autumn, he sold the cargo at Rhodes, illegally and contrary to the terms of agreement, and then went back to Egypt and again to Rhodes. But he lias never given the security up to us, and he is using our money now for a second year. rpta-x'X^as] Boeckh (P. Econ. p. 108) observes that we "are not justified in assuming the ship had not a greater value, as at Athens a double pledge was not unfrequently given in cases of bottomry, and there- fore its real value might have been as much as a talent" (6000 drachms). p. 1284] AIONTSOAHPOT BAABH2. 231 Kal Beov fj/za? ev rfi Trepv&iv a>pa /ce/co/u- i ra. ^prj/jiara, rrjv p,ev vavv et? 'PoBov KareKO/juae rbv yofAOv e/cetcre ee\.6/j,vos aTreSoro irapa rrjv Kal Toz) avSpes ' A.0r)vaioi, o/u.oia)9 ajrdvrcov d Bekk. om. Z cu??t FS$B. e 87J\ov on Bekker st. on in margine manu antiqua additum, 2. djj\ov Z. iapq.] Properly ' the ripening disabled), but shall have to pay time,' applied to harvest and the fine to him as the defend- vintage, and then to the safe ant, in compensation ; and that time for sailing. In 30 it is 17 if we do not pay it, he will get wpaia. On the time granted for us put into prison till we do. paying loans on bottomry, see The term Ka.Ta64ff6ai is used (as Publ. Econ. p. 139. /ce/fo^, r-rp> vavv. fjL-fj KaTtffTTjffev (TOI)S tyyvrirds), 4. Tyv tpyaaiav] The privi- e/s TO ottcr^a dv rjei, and 24 lege of trading with it. 131, 135, 136. For the sense, T# ^TTW/SeX^] The fine of cf. Or. 35 46. Kennedy ren- one-sixth of the assessment ders it 'putting us in the lodg- (an obolus for each drachma), ing.' Boeckh (Publ. EC. p. 366), if we fail to obtain the fifth "carrying it off to his own part of the votes. (See Boeckh, house." And he adds (p. 370) Publ. Econ. p. 356.) In fact, that this shows (beside Or. 47 he thinks we shall not only 64) that in private suits the epo- lose our suit (on the ground belia was received by the success- that the ship was wrecked or ful party and not by the state. 232 LVI. KATA [47 Kal iK6T6VO/jt,ev ftorjOr/crai r)fuv, av' SoKWfjiev d o-0at. rr]v 8' ap^rjv rov av/jiftoXalov Si,e^e\0eiv Trpdorov ftovXopai' ovra) yap teal u/iet9 paara Trapa- KO\OV0r)CTre. 5 Aiovuo-o&wpo? yap ovroal, to avSpes 'A0v)vaioi,, Kal o KOIVWVOS avrov Tlap/Aevlcr/cos 7rpocre\0ovre<> TJ/J,LI> Trepvai rov fierayeirviuivos [Arjvds e\eyov en ftov\ov- rat SavelcracrQai eVi rfj vr/l, e$ u> re Tr\evcrai et? A.iv 6 pLwv Tovratv. dTTOKptvafievwv S' r)p.wv, u> BiKacrrai, ori OVK av ^aveidaL^ev et? erepov ovSev a)OC rj et? 'A$r/m rov Saveicruaros. Kal Trpwrov vpJiv dvaiyvooaerai avrrjv rr/v Kara ravTrjv rr)v (rvyypa^v, w dvSpes St/cacrrat, 7 Xa/So^re? Trap rjfiwv TO- ^pijf^ara Atoz/ucroStypo? re ov- roal Kal 6 KOIVWVOS avrov Hap/mevicrKOS aTrecrreXXoy rrjv vavv et? rrjv AtyvTrrov evOevBe. /cal 6 /j,ev Tlap- 1285 pevfotcoq eVeTrXet eVt ^79 veto?, oitTocri Be avrov Karepevev. rjaav yap, <2 dvSpes Sifcaa-ral, Iva fiySe TOVT' djvorjre, vTrfjperai /cal crvvepjol irdvre^ ovrot KXeo^ei/oi*? rov ev rrj Alyinrra) dp^avros, 05 e^ ov rrjv dpxrjv rrape\a(3ev OVK o\lya Kaicd elpjdcraro rr)v rr)v vperepav, fj,a\\ov 8e /cal TOV raoTfpoir\ovv /ca\e?rat. S.] tyw] Darius, who called him- self Koivuvbs rov davelff/j-aros, 1. 7. The narrative continued. The ship accordingly sailed for Egypt with the defendant's partner on board, while he re- mained at home. The fact is, these men were in collusion with Cleomenes, who had been making a large profit by raising the price of corn. K.\eo[j.evovs] Boeckh (Publ. EC. p. 84) calls him Alexander's Satrap in Egypt, and he refers to the second book of Aristotle's Oeconomics for other examples of " this notorious corn-dealer's contrivances." Like the Eo- man governors of provinces, he seems to have looked princi- pally to his own interests. Apparently he had created a monopoly of corn, and so could sell it at his own prices. (See Introduction, p. 225.) 7ra\iyKairri\eiJwv] 'By re- tailing, ' or perhaps ' hy petty jobbing.' Hesych. Tra\iyKi>. [Schol. on Ar. Plut. 1156, 6 dirb rov e/j.7r6- pov dyopdfav KOI iruKCiv. (Dem.) 25 46, KairrjXos Trovrjpias Kal Tra\i.yKdwr)\os Kal yuera/SoXei/s. See Buchsenschutz, Besitz u. 234 LVI. KATA [ 7_io rov avSpes Bitcacrral, avverifArjOr/ ra rrepl rov Erwerb, p. 455 n. S.] awio-ras ' by settling the prices of corn.' Kennedy translates, ' by buying up corn for resale and keeping it at his own price. ' [G. H. Schaefer on p. 219, 20: 'accendenspretia, flagellans annonam. ' Prof. Kennedy : 'Byregrating and manipulating the price of corn.' In England severe statutes were passed from the time of Edward VI downwards, against all ' re- graters,' 'engrossers,' and 'fore- stallers of the market.' They were repealed in 1772, and the alleged offence of buying up or bargaining for goods on the way to market, to sell them at a higher price, has ceased to be a subject of criminal prosecu- tion. See Adam Smith, Wealth of Nations, iv 5, on the corn laws. For part of the Athenian law on the subject, cf. Lysias, Or. 22 Kara TUV ffiTOTrdi\wv, esp. 6, Trapecrx^/ue^a Tbv v6fj.ov (against engrossing), 5s dTra7opei5 ^77- 5tva T&V ev T7J TroXei TrXet'w fflTOV TTfVTrjKOVTO. (pOpfJI.(t>V ffVV- S.] Kal OVTOI] Dionysodorus and Parmeniscus. By iravres ovroi above (not a/a^w), he appears to include other traders. 8. An exposure of tJie transactions by which corn had become dearer. Cleojnenes' people used to send off cargoes from Egypt, while these men either sailed with them, or staid at home to watch the market and semi off advices, so that the corn was always sold in the dearest mart. rats tfjLTroptais] ' With the cargoes.' The dative depends on the iivl, meaning that he was guardian and director of them. So Or. 35 16, TOV d' dSeXtpbv eavrov 'Aprt/Muva. ir\eij- ffeffdai. eirl rots xp^/uacrt, and 32 12 6 Trap' 7]fj,v Trt,ir\uv. irpbs ras K.T.\.~\ 'According to the market (or average) prices.' So Or. 34 39, dtffjLf- Tpricra.fJ.ev vfuv TTJS KaOfffT7]Kvias Ti/j.rjs, inf. 10. ypdfjLuaTa] ' Letters of ad- vice.' TI/JUOS] ' Dear,' opp. to aios, 'cheap.' Ar. Ach. 758, TTWS o crtTos wvios ; M. Trap' a/jie TroXuT/juaTos, ^.TTep Tol Oeol. awfTi/jLridr)] It appears likely that we should read tTTfTtfj.^^, ' the price was raised,' as in Or. 34 39. The o (Tiros ('the price of corn had gone back'), &VTJKTO] ' Had already set sail for Egypt.' T&v6tvSe KaOeffT-rjKOTa] ' The market-prices (current or es- tablished prices) here.' Or perhaps, ' that prices here were steady,' as inf. 10. He uses (vOfrde for ivravBa. on account of aTrocrrAXet, according to a very common idiom. dvayKaiov eit)] Perhaps to take in water or provisions. 10. Tnfpas 5" ovv] 'In fine,' ceterum. See on Or. 37 43. Equivalent to iVa 5 /*?/ fj.aKpa \tyw. The construction of the long sentence following is irregular. He might have said, ttretdri ?Xa/3e o Hap/J.evl- CTKOS efaiparat rov airov Kara- (povrjo-as K.r.\., and the plural Ka.Tapovria'ai>Tes may have been used because the speaker is 236 LVI. KATA [ 1013 ypafAftara rd rrapd rovrov drrocrra\evra, Kal V09 ra9 Tt/^a9 r9 evBdSe rov airov e^aipelrat rov alrov ev rfj 'PoSeo Ka/cel aTroSlBorai, 1286 Kara(f)povrjcravre<; [lev rfjs crvyypa^fjs, eo avSpes SiKa- oral, Kal rwv eTriri/Atwv a crvveypd-^ravro avrol ovroi Kau avrwv, eav ri Trapapaivwcri, Kara^povrjcravres oe rwv vofjiwv rwv Vfierepfov, o'l Ke\evovcri, TOU9 vavic\r)- \ TOVS e7rt/3aTa9 7r\elv et9 o n av crvvdwvrai >, el Be /AT), rat9 iieyicrrais fyjpiats elvat evo- > i n \ \ TO yeyovos, rovrw rca ap- olov Sioptcra- technical sense which does not appear in our lexicons? It seems hardly possible that or- dinary passengers should have been liable to the severest punishment if they changed their destination. I understand it of an agent sent in charge of goods." (Mr Mayor, p. 250.) [Similarly in the seventh ed. of Liddell and Scott : ' a merchant on board ship,' 'a supercargo.' See 24, Or. 34 51, and 32 4, 5. In 50 10 it means (as often) 'a marine.' S.] 11. We, on learning this transaction, had an interview with the defendant, telling him that he had not only violated the compact, but had thrown a suspicion on us of being concern- ed in a contraband trade, be- sides having withheld from us the ship, ivhich was our sole security. T< dpxiTeKTovi] So Ar. Pac. 335, irpbs rd5' yfuv, et n xp^l 8pav, (ppd^e Kapxt-reKTOvei. dyavaKTovvres] ' Expressing our indignation.' T?;? 0X77? eV et'/co9, /cai eyKoXovvres on SiapprjSrjv conscious that he is really describing the acts of two persons in concert. Another, and perhaps a better way of explaining the anomaly is to regard Xa/3wv -yap d-n-oSi- dorai as parenthetical, and to suppose that Trpay/J.a. woiovai fieivoTo.Toi' was intended to follow after evo^ovs, the last word of the paragraph, but was forgotten in the careless composition of a long sentence. G. H. Schaefer would read Trepas d, and Karatppovfiffas in both places, while Beiske proposed d-n-odi- Sovrai for dirodidoTai. KadeffTyKvias] This may mean either 'learning the market- prices here ' (so Kennedy takes it), or, ' learning that the market here was quiet, ' i. e. that prices were about the average. And so Mr Mayor understands it, p. 250. So in Aesch. Pers. 297, X^ov Koracrrds means 'compose yourself and say.' Ar. Equit. 865, OTO.V TJ \ljj.vq KaracrTrj. TOI)S 7ri/JaTas] "Must not the word eTTtJarTjs have had some p. 1287] AIONTSOAfiPOT BAABH2. 237 jj,eva>v ey rat? crvvrjKa^ O7r&>9 77 vav9 apa /cat 7?/u,et09 TOI) TO TreTrXevcr/jLevov, Swcra) vpfiv" f^rjal "TOVS ei9 TrXetof? S' oi)/c ay ^oirfv" at/To? eavTw 1 VO/JLO- al ov^l Tot9 e/c T^9 avyypatyr) 1 ? SiKalois Treido- 1287 yu.eyo9. co9 S' r;yu,et9 ot)/c ay e^a/^ey crvy^copr/a-at, ov8ei> 13 ' fj.rjSafj.ov (Dobree) KaraTrXeufferrai Z. +6VtZ. [ort] Bekk. CMW Beiskio. k fiotXeo-Oe Z. ' ai/ry Z. ouS^ /uaXXof] Tametsi redi- ment.' rd irpis M^pos, r6 ?r/)6s MWI Athenas ipsi condixissent. \6yov, ' the moiety in propor- G. H. Schaefer. tion to the voyage actually 12. When we found it was sailed.' no use talking about law and 13. When we, fearing we justice to such men, we asked should be implicated in the them to pay at least the loan transaction, declined to take the and interest agreed upon, though interest offered, he came to us in fact they were also liable to with witnesses to attest that we the penalty. The defendant rejected the proffered payment, however, refused even this, and knowing perfectly well that ice offered interest only as far as should reject it, and the reasons Rlwdes thus laying down the why. law for himself. OVK av <-a./j.(v K.T.X.] The dXXa] Saltern. TOI>S e &pxfy> usual hyperthesis or attraction viz. the a.fj.oTfp6ir\ovs, 6. of av to the negative = ta/j.ei> expijcraro] ' Treated us.' Or. ort OVK au> criryxw/sijcreu/u.ei'. See 34 46. 37 16, and 40 10. ' To take in pay- 238 LVI. KATA t(?(? -I o 1 - 33 lo lo TOVTOJV, \oyi6fj,evot cm, oTrore TOUTO 7rpdo/j,ev, upo- \oyov/j.ev /cat aurot et? 'PoSov crea-irrjjijKevai, en fjid\\ov eTrereivev ouro9 KCU pdprvpas TroXXoi)? Trapa- \afBwv Trpocrrjet, fydcricwv erot/io? et^ai aTroSiSovai, TO Sdveiov KCU TOVS TOKOVS TOI)? ei? ' PoSof , ovSev fj,d\\ov , co dvopes StKacnai, ajroSovvai SiavoovfMevos, dX)C rjpas VTToKafJi^dvwv OVK av eOeXrjaat, d7ro\a/3elv TO dpyv- ptov Sid rav inrovcras aliia^. eS^Xeocre S' avro TO 14 ep'A6r)vaioi, rdovvf^erepcov irapayevo/jLevoi OTTO ravTOf^drov crvve- TO fj,ev $iS6/j,evov Xayu./3ai/etf, Trepl 8e TWV dvTiXejo/jievcov KpivecrOai, TOI)? Se et? 'PoSoy rd- m efws r. r^ws Bekker st. cum 2$. oTTore] See Or. 34 33. fw.\\ov tTrfreivev] ' He was still more pressing.' A meta- phor, perhaps, from the tuning of a lute, and raising the pitch. Cf. 24. IMprvpcLS 7roXXoi)s] Cf. Or. 34 30, col 5' o.TroStSoj'ri TO re daveiov Kcd roi)s TO/COI/S a/j.OT^- pOVS - 7TWS Ol)%t 7TOX\0!>S fy TTapO.- otdtv /j.a\\oi>] Used here ad- verbially, 'not at all the more intending to repay' &c. inrotiffas] sc. T(f5 a7roXaj3e?f. 14 16. That we were right in supposing he never meant to pay, was shoivn by the result ( 16). We were ad- vised to take the interest as far as Rhodes, and to file a bill against them to recover the rest. To this we consented, not wishing to seem too hard on the defendant. But when he demanded that the whole claim should be cancelled on payment of part, we declined that, offering however to can- cel it in so far as it teas paid. To this he icould not consent, and so to this day he has paid w nothing. v(jLT<:p(i)i> TroXiTwv] Hence it follows that the speaker and his partner were not citizens, but ptroiKOL. Cf. note on Argu- ment, 1.1. S.] airb ravTOfjuirov] It seems better to construe this with ffvve{3ov\vot>, ' volunteered the advice,' than (as Kennedy takes it) with Trapa.fevofj.evoL, ' who were accidentally present.' [M. Weil however (Revue Critique, 1876, p. 145) and Mr Mayor, p. 251, agree with Kennedy's rendering. The other rendering would be naturally expressed by avTOfj.a.Tot. S.] Kptrtffffu] ' To go to law,' 'to have the matter decided by a jury.' fj.7] Ka6o/j.o\oyfTi'] ' Not to accept as full payment.' The /card here seems to have the same p. 1287] AIONTSOAQPOT BAABH2. 239 ofiocre iropevo- ravra avve-^wpov^v, OVK dyvoovvres, w avSpes crral, TO etc rrjs cnjyypaffrrjs Si/caiov, aX\' r/yov/ievoi, 8etv e\arrovcr0ai TI teal (Tvpeiv, ware pr) SOKCLV elvat,, oi)ro9 o r)) OTIOVV Kara pev rdpyvpiov, o av avroSa)?, onoXoyijao/jiev evav- T'LOV rov Tpcnretyrov arcvpov Trotelv rrjv crvr)v, TO fievroi, a"uvo\ov OVK av ave\oi^eOa, e&>5 av irepl rwv dvri\6. ri yap e^ovres Sitcaiov 17 T/ TO icr'xypov dvrt8iKijcrofj,V, edv re ?rpo? Siairrjrrjv lav re et? SitcacrT'rjpiov Serj ftaSl^ew, dve\6fj,voi rrjv ev rj rrjv virep rra)v, w aVSp Kal diovvra>v A.iovvcr68(t)pov rovrovl rijv /J,ev criry- ypafprjv pr) Kivelv f*f$ dtcvpov rroielv rr}v 6/J-o\oyov- 1 2< fjbevrjv Kal vrf avrwv Kvplav elvai, rwv Be ^prj/jbaraiv ocra pev aurov duTiXeyo/Aevcov co? eroifJiwv ovrwv KpiOrjvai, eire fiov- \oivro e'cf>' e^t eire teal TrXetWt TOOV IK TOV e^iropiov, OUK <$>r) Trpoae^eiv AtoyycroScopo? TOVTOJV ov&evl, a\\' on rr/v avyypaffrrjv oA,ct)9 OVK awy pov i*e9 a a7roA,a/Lt/3a - vovres a ouros eTreTarrev, ^X el ' Bevrepov ero? ra rj/jie- 17 -repa Kal ^prjrai rot? xpTJfjbaat' Kal o TTCLVTWV earl beivorarov, u> av&pes BiKaaral, ori avros fj,ev ovros 11 [ciis] erolfj-wv OVTIOV Bekker st. us ev ry fiecra} OVTUV coniecit Weil. Bekk. ttf evds Z cum F2*B. 16. On our saying this, and imploring the defendant not to meddle with, much less to cancel, the agreement which he himself admitted to be still binding, but to pay us what he allowed to be due, and declaring that we were ready to accept the arbitration of any one or more of the merchants on 'Change, Dionysodorus declared that he ivould not listen to any of these terms, but because we were not willing to cancel the bond entirely on receiving the part of our dues which he or- dered us to take, he has been keeping what belongs to us and making use of our money now for two years. ws erot/u.wi' 6i>T] A kind of at- traction to 17/ucoj' \ey6vrwv above. = ws Toifj.d}v fi/j.ui' 6i>Tuv, Reiske. Kennedy follows G. H. Schaefer in translating, "should leave the disputed claim, the amount of which was certain to be decided by one or more com- mercial men." (" De contro- versa autem pecunia, ut de qua liquido constaret." Schaefer.) " In the simplest form the sen- tence would run diov/j.ev, ws ^roifj.oi 6vTfs, Kpidr/vai, which, thrown into the (genitive) abso- lute, becomes d^tovvTwv ws erot- /j.wv OVTUV npidijvai." (Mi- Mayor, p. 251.) e0' evl] ' Before one arbitra- tor.' [Fals. leg. 243 firl rots dt- Kaarals ZXeyes, but in this sense the gen. is more common, e.g. 59 66 tiri TOV 8iKaffTr)ptov. S.] eirtTctTTfv] i.e. as if he were master and we were but slaves. See Or. 39 7. 17. What is the hardest thing to bear is this, that he is getting bottomry interest for our money, while we can get none out of him; and that too though his transactions are not for Atliens, but for Egypt and Rhodes (i.e. for the trade be- tween those marts). Kal 5 TravTuv earl Set^iTaroc... oVt] Cf. Or. 55 20, o Kal TTOLVTUV tcrrl dfivorarov, el K.T.\. Isocr. Paneg. 128 n. Madvig, Gr. Synt. 197. S.] P. 1288] AIONTSOAQPOT BAABH2. 241 irap erepwv eicnrparrei, vavrncovf TOKOVS cnro r&v , OVK J A0rjvr](Tt Savei(ras 01)6 ei? ov KOL AcyvTrrov, r)/MV Se rot? Savelcracnv et' TrpoKXycriv fjv VTrep TOVTCOV 7rpovtca\e- avrov. eepovra vavriKofc r6Kous] This was larger than other kinds of in- terest, probably. Thus, in Or. 34 23, it is 600 drachms on 2000, while ibid. 25, the in- terest according to a land- mortgage is 560 on 3360, or 0e/cTos, while in Or. 50 (irpbs HO\VK\.) 17, the vavriKbs TOKOS is e7r675oos. rr\v 7T/)6/cXr;crH', see Or. 39, Argum. OVK oierai Sew] ' He thinks he is not bound.' In this formula, as in 01) T)/jd &c., the infinitive is virtually negatived. See 47. Thuc. I 33 3, TOV te Tr6\e(jioi>, 6Y ofirep xP 1 7<"/"oi av e'i'rjfj.fv et rtj V/J.GIV fj,r] oierat Pcreffffai, 'if any of you think the war will not take place,' &c. 18. He, however, ridiculed the idea of going to an arbi- trator, who was sure to give sentence against him. He might just as well go into court at once with the money in his hand, and pay it if he was P. S. D. forced, or keep it if he could. tKTi8tvT] i. e. TrpOT As we insert advertisements in newspapers, so notices were posted on the eponym heroes (statues in the agora) of each tribe, that no man might plead ignorance. The present par- ticiple expresses the duration, and so represents the imperfect tense. [^Kdetvai (roi>s i>o/n,ovs) irpbffdev rCiv eiriavafjuav occurs in Or. 20 (Lept.) 94, and simi- larly in 24 18, 23, Aeschin. 3 39 and Andoc. 1 84 ; also (of the public announcement of the name of one who had bro- ken his promise to the people) in Isaeus Or. 5 38. There is no proof that documents con- nected with private suits were published in the same place. S.] ei5^0ets] Isocr. Paneg. 169 n. S.] tirl SiatTTjTT/y j3adifeiv] cf. 15 and see note on 53 15. S.] 16 242 LVI. KATA [ 1822 rdpiyvpiov, 6tr' p edv pev Svvr/rai u/iafj,v \afjLJ3dveiv /3ov\6- pevos. 19 Ta fj,ev rolvvv TreTrpay/^eva AtovucroScopw aici)- 1289 Koare, aJ dVSpe? 8t,tcacrrai' olo^ai 8' aKOVOVTas 7rd\ai rrjv ro\fjbav avro iricrrevwv ela-e\rj\vde Sevpi. 7ro)9 7p 01) To\fj,v)pov, e'l Tt? avdpwrros &aveicrd[j,evo<; ^p^ara e/c TOV 20 roO 'Afojvauov, real crvyypa^rjv Siappr/St^v e0' o5 re Kara7r\elv rrjv vavv et? TO Vf^erepov ef el 8e pr), aTTOTLvew 8nr\dcrta rd ^prj/j,ara, fj,ijre rr/v vavv KaraKetco/AiKev et? rov Tleipatd jjbrjre rd ^/3^/x.ar' dTToBtSaxri, TO?? Savelcracri, rov re crirov ee\6fj,evo<> ev 'P68&) aTreSoro, tcdl ravra SiaTreTrpayfAevos ovSev r/rrov >} P eZra Z. 1 Bekk. cztm F (roK^av avrov) et S (in margine prima manu adscriptum). om. Z. irapaKpo>jffaffdai\ i.e. to in- over.' For the use of the duce them to give a verdict in article by which 8nr\dos] 'Having had ypa/j.fj.ai is 'I have impeached,' a bond drawn up and engrossed Timocr. 17. This closely re- on the express condition that sembles the transitive verbal the ship shall put into your adjective (commonly called the port, or in default shall pay past participle) of deponent the amount of the loan twice verbs, meditatus, comitatus, &c, p. 1289] AIONTSOAriPOT BAABH2. 243 a /3Xe7reiz> els rd v^erepa Trpoawjra ; a Sr) \eyei 21 7rpo Kctfcei 5 ee\ecrdai rov airov' Kal TOVTOV reK/jbtjpiov Xeyet, &$9 dp e'/e T??9 'PoSov jjUcrdcacraiTo 7r\ola Kal Sevp' aTrocrretXete TMV rwv evict, ev pev TOUT' ecmv avro) yu-epo? Tr)$ SevTepov S' eKeivo' (f>r)cr\ yap erepov? rti>a TOKOVS TOI)? et? 'PoSov' Seivov ovi>, el ?7/u,et9 pr} crvj^coprjo-o/jiev ravra eiceivois. rpirov Trpo? TOVTOIS rf)V cnryjpa^rjv /ceXevetv (frrjcrlv avrbv u crwdeicrris TT)? vews diroSovvai rd ^prifiara, rrjv 8e vavv ov a ea wad at, et9 rov Tleipaid. 77/909 e/cacrrov &rj rovTtov, GO dvbpes 8i/cacrTal, aKovcrare a \eyofAev Sl/caia. A 1 , lv Bekk. Dind. avrif Z. not a few of which are also used in a passive sense, as Sia- TreTrpay/j.tvos in tragedy means ' done for.' Mr Mayor says, "it is curious that Demosthenes and Plato seem never to employ the active ScaTrpdcvew." ToA/xci 7rpo7ra ;] Or. 34 19, els TO, v/J-erepa Trpoffuwa. fUpXeTrovTa. This is one of the parallels quoted by Blass, Att. Ber. in 525, indicating that the present speech was by the same author as that against Phormio. S.] 21, 22. JVow hear his excuse. He pretends that the ship sprang a leak in the voyage from E- gypt, and so lie was forced to put in at Rhodes and sell the cargo there. And lie points to the fact in confirmation, that he had to hire other craft, and send off some of the goods to u avrov Z. Athens. Another plea is, that other leaders agreed to take the interest to Rhodes, thereby sJicne- ing that they believed his story. Thirdly, the contract says, 'if the ship gets safe;' but she did not get safe. Kal irpoffcrxflv xal K . r . X . ] 'That both the putting in to Ehodes and the unlading of the corn (viz. to get at the leak) were matters of necessity with him.' It might have been urged that at least one of these two expedients was unnecessary. Thus in 42 it is denied that there was any need of going to Ehodes at all. 22. ffvyKex^pfiK^vai] This may be called a brief expression for ffvyxupew deai/j,os un rjv. vvv Be (fralverai els rrjv 'PoBov crwOelfra Kal irdXiv eiceWev djrocrTaXeicra els K'iyvTTTOv Kal Ti Kal vvv 7r\eovcra Travra-^oa-e, 7T\rjv OVK els 'A$?;i>av. Kairoi TTCO? OVK UTOTTOV, 'orav /lev els TO 'AOrjvaicov efliropiov oerjcrr) KaTayeiv Trjv vavv, payrjvai, v uevToi, avTol r/a-av Kvptoi, ov raur' direa-TeXXov rrdvTa Sevpo, aXV eK\eyo/j,evoi -rivwv at ua ir\6i/j.os...Tr\6ifj.oi> Bekker st. cum A 1 2$r. fieiv, 26. The next sentence who were obliged to forward is quoted in Bekker's Anecdota, their goods when these men p. 144, 16, Seivbv ofiv el (j,r) Tj/Afis chose to stop slwrt at Rhodes. are, ov% Onravra rov jofjuov TT)? i>ea>9 fierev- , d\\d rov alrov avrov ev rfj 'PoSw icare\i- 7reT v ; ori, u> dvBpes Bitca&ral, rovrov [j,ev crvvefapev avrois e/eetcre TreoXetV r9 yap Tt/*a9 evddSe dvei/cevat rjKOvov' rd 8' a\V w dycayi/jia co? y/za? aTrecrTeXXoy, a^>' foy KepSavelv rj\7riov. ware rrjv fjiiadoxriv rwv TrXoicov orav Xe'7?79, ov rov payfjvai rr)v vavv reKfj,tjpiov Xeiyet?. aXXa rov avfji(j)epovrof vfJblv. Tlepl /j,V ovv rovrwv l/cavd fjuoi rd elprjpeva' Trepl 26 Be rwv Saveio-Twv, ov<; acri a-vjKe^faprjKevai \aftelv 1291 Trap' avr&v rovr] eTririfiiy TOO etc T?}? crvy- ypa, Std ravra ovSev dSuceis ?7/ia9, 01)9 Trapaa-vyyeypd^Ka^ 619 'PoSoi/ Karayayoov TTJV vavv ; ovic ot'o/iat 76' ov 70^ Ta u^>' erepatv a-vyKe^ojprjfjieva 8ifcdova-(,v ovrot vvv, d\\d rd VTT" avrov crov irpos ^fid? crvyyeypafAfjieva. eVet oTt 76 Kal TO Trepl rrjv afao'iv T<3v rotccav, el dpa yeyovev co9 ovTOt \eyovcrt, perd rov av[j, TOV 29 TWV SaveLei/j.tvois Z cum F$; d^i^ots 2. ' yap a/cfycuos Z cwm F$S. ye d/capta?os Bekk. ' aicepaios quidem neque tutus (d/c/j'Swos), negwe identidem redintegratus, neque nun- quam interruptus usquam alibi valere videtur; atcapicuos autem nil nisi aut momentaneus aut minutissimus significat. Fartasse igi- tur scribendum : ^Ketcre pets y&p del wpaios 6 TrXoOs (Hesiodi Op. 628, 663 w/>cuos TT\OOS). Huic opponitur infra Trapaxei/M^eiv Kal irepi- futveiv TIJV upaiav. Cf. Pindari Isthm. n 42 = 62 eirtpa irorl i^v $a.ai.v Bepatais (ponto Euxino aestate tantum aperto), ev d xet/otc5vt ir\{wv NetXov irpbs dxray (navigatione e Sicilia ad Aegyptum ne hieme quidem interclusa). Hiberno scilicet tempore propter man's Aegei procellas inter Athenas Rhodumque multo minus tuta est navigatio, quam inter Ehodum et Aegyptum, ubi ventus fere semper ab occasu solis spirat, in alterutram partem navigantibus satis corn- modus ; aestatis autem tempore quadraginta dies e regions, inter Boream Zephyrumque iacente (sc. e Rhodo ad Aegyptum) perfiant Etesiae (J. Smith, Voyage and Shipwreck of St Paul, pp. 72, 76). Etiam xet/uwpos prope Cnidum (i.e. iuxta Rhodum) invenimus ras aw' AlyviTTOv 6X/ca5as (Thuc. vin 35).' J. E. Sandys. TV TOKUV] sc. TUV ts 'AOyvas, that in fact those lenders have ' giving up the interest due made additional profit, and have from Bhodes to Athens.' not remitted any of their gains eiravairXe'tv] ' To make the to benefit them. But, for our return voyage.' Or, 'to com- parts, so far is it from being mence a new voyage to Athens' a question about the interest, (Kennedy). "Eursus evehi in that we cannot get back even altum, hue ut appellerent " (G. our principal.' H. Schaefer). tKelae ptv ye aitepaios] Properly 'pure' /c.T.X. ' For to Egypt the voyage (Eur. Hel. 48, aW/xuoj/ X dpyvpiw' evravda 6' eTuStifArjcravTas Trapa^ei/^d^eiv eBei Kal 7repifj,eveiv rrjv o>palav. ftjcrr' etceivoi fj,ev ol Saveicrral Trpoovce/cepS^/cacri Kal OVK dfaiKacri rovrois ovSev' rj^lv 8' OVK 07ra>9 rrepl rov TOKOV 6 \6yos early, i>ea)9 3i MT) ovv drro^ej^eo'de rovrov (fievaKi^ovros V/JLO.^ Kal rd 7T/309 roi)9 A,Xov9 oaveiards TreTrpay/ieva rrapa(Sd\- >, aXX' errl rrjv avyypafyrjv dvdyer avrov* Kal rd crvyypa(f>ri<> OLKaia. ecrrt ydp Gfiol re \onrbv i vuds rovro Kal ouro9 layvplterai, TOO avruy A* r J f. i <; 8' dv Trvdoly^v avrov croO, 3 2 Trorepov vedas 8ia\eyei b rj &>9 a-ea-axr/jLevr)?. el /J.ev jap Ste, aX,X' et9 'PoSoy /cai AIJVTTTOV, lovrai Seiv b 5taXH*. 37 "A^Spe? 'A.6r)vaioi h , irdvv d'jr\ovv e'crrt f + ['A0ijp?70ej' et's At^uTTTov /cai e| AfytrTrrou 'A^ijj'ofe.] Z. delevit Dobree. B + [crw^et'cnjs 5^ r^s yews eis Iletpaia.] Z. delevit Dobree. h F2*. StKatrrat Bekk. 1824. xpiy/aara] ' To TO Sci^etoj'] Perhaps TOV 8a- make money, ' is a close coinci- velov, which will be the genitive dence with our idiom, and is a after both rb ap-^aiov and TOI)J phrase not uncommon. - TTCI- TOKOVS. So below it is probable pet, 'along of,' i.e. through that TOV dpxaiov rov davfiff/j.a- the carrying of corn to Ehodes. ros is the true reading, and 35. The very nature of that in 37 daveiov should be the offer itself is unprecedented : omitted after dpxavfj xal dv67raavrj Kal 1 rai/njs Z cum 2$. J-J ' legendum i] va.vs (on /j.tv) crws fffrLv, ut paullo ante p. 1292. utilia de hac re notavit Dindorfius ad (Dem.) paginam (Eeiskianam) 61, 14 in editione minore' 1 (p. xviii). Cobet, Misc. Grit. p. 514. lost, for they offer to pay in r&vSix epfjitjvev/mruv. [Dem. 9 part; it did not sail back to the 37, o68ti> iroiKiXov oi)5^ 6v, Peiraeus, and that is precisely 29 1, el fiev edeiro \6yov TWOS -r) our grievance, and the groiuid iroiKiXias contrasted with aTrXtSy of this action. The defendant Set 5t8o|ai Kal dnrYrja-aorOai. S.] on his part says that is his 38. dveirafa] This word is reasoti for not paying the whole. technically used of goods not But the bond says differently, seized or intercepted by pirates. and imposes a penalty for de- See Or. 35 (irpos Aaicp.) 11, fault. 24. In Aesch. Suppl. 309/ETra- \6yuv iro\\wv] Perhaps irot- osaA??0<2spwri'a'e7ru;j'v / u.os(ifthe xi\u>v, as opposed to airXovv. verse is genuine), the meaning The same antithesis occurs in is that the name was given Eur. Phoen. 469, ebrXoCs 6 ftvOos from pvcriuv e0a7rTev, KOV iroixlXuv Se? hands on booty.' 252 LVI. KATA [ 3843 dv6Tra(j)a, i] Trot^cr&jcrt TI irapd TT)V a-vyypa^rjv, diro- BiSoTaxrav StTrXacrta TO, ^pr/paTa.] 39 "Ecmz> ovv 'OTTOI Trapecr^/ca? e/j,'-\ /"> fc. C *% .C ^ / b-b- oy ra ^prj^ara eXape9 Trap rjpcav, o/JLoXo^wv crwai/ KK etfat auro?; 17 KaTaireTrXevKas e e/celvov TOV %povov et9 TO 'Adf)vaia)v ejAiropiov, -7-779 avf)S Siappri&rjv \eyovcrr)^ et? TOI/ Iletpata Kardyeiv rr)v vavv Kal e/i- 40 (j)avrj 7rape%eiv rot? Savelaao-iv; Kal jap TOVTO, co aVSpe? 'AOrjvaioi. OedcracrOe rrjv V7rep/3o\tjv, eppdyrj rj vavs, 009 (^TJCTLV OUTO?, /cat Sta TOVTO et9 'PoSoz/ KaTrj- yayev avTtjv. OVKOVV TO perd TOVTO eTrecrKevdaOr] Kal 7rX&)i'/iO9 eyeveTo. Sid TI ovv, oo /SeXTtcrre, et9 /u-ev r^y A.l] the technical Athens ? It was not for want term for repairing a ship. (Lit. of many urgent requests on our 'to put fittings to it'), inf. 43. part. See Thuc. i 29, fev&vTts re rds jrap, ajcnrep TO crov Trpoaraypa rrjs crvyypa^r}? Seov Kvpioorepov yevecrQai, Kal ToX/ia9 \eyeiv (09 OVK e(T(aOrf rj vavs et9 rov Yleipatd' e<' o5 8iKaia) dv8pes 8iKacrral, ov vavf et9 rov Yleipaid ; Trorepov 81 r^. Baveio-avras els AiyvTrrov Kal et9 J A.0r)vas, f) Sid rov- rov Kal rov KOIVWVOV avrov, o't eVl ravrais rais 6fj,o- \oyiai$ Saveicra/Aevoi, e

V 8r)\ov. el ydp 43 G>9 aX?/^c39 aKovariov rd crv/uifidv eyevero Kal r) vavs eppdyrj, TO perd TOUT', eTreiSr) eTrea-Kevaaav rr)v vavv, OVK dv elf erepa ST/TTOV efj,7ropia epiadovv 1 avrrjv, 1 Bekk. 1824. efj-taBuffav Z et Bekk. st. cum you owe us the whole sum twice over, by incurring the penalty, you have the face to refuse payment even of the in- terest, and you tell us to be content with that to Rhodes, as if your order, forsooth, was to liave greater weight tJian the bond. Again, you have the face to say, 'she did not get safe in to the Peiraeus.' Well, through whose fault? Was it ours, iv ho required that it should go back or was it theirs, who wilfully and from no necessity at all took it to Rhodes ? TT pocrray fta] 'Dictation.' Like eirtraTTev in 16, an invidious word contrasted with ffvyypari. Similarly, in Isocr. Paneg. 176 the Peace of Antalcidas is de- clared to be no equitable com- pact (ffwffrjKai), and is denounced as dictated (TrpoaTayfj.a,Ta) by the king of Persia. S.] a,tro6a.vois\ The legal penalty for not producing the security was death. See Or. 34 50. 42. e/f6vTes Kal OVK e ava/yKi}^] So Aesch. Eum. 520, ex&v avay- KO.S drep SiKaios cravTO m , aXXa rot? e apX'n < > o&ticqiuurt TroXXcp /6ta> Kacri, Kal uxTTrep eVl tcarayeXwri dvTi&itcovvTes elcreXrj- \v6acnv, co? eV ayrot? e'cro/iez/oz/, eat> Kara^rri^ia-r^crOe avrwv, rdp^aia fjiovov djroSovvai Kal TOU? To/coy?. 44 i;/iet? ovj/, to avSpes 'Adrjvaloi, pr) eVirpeTrere TOUTCH?" oyrco? e^ovcri, fitjS' eVl 8voiv dyKvpaiv oppelv m eirijvupdwffavTo Z. (Cf. Veitch, Gfe. n rotj Bekk. 1824 c!m A J r. ws i)/ias] i.e. 'Ad-^va^e. firavopOovfj-evoi] ' Doing all they could to repair the un- avoidable mischief.' The in- dicative of the aorist of this verb generally takes the double augment, tirTivupduffavTo, like fftfJLiTTUfjia.] Here synonymous with ffv/Jiipopd (r6 ffv/j.^a.v above). The word is used by Thuc. iv 36 and is not unfrequent in Aristotle, but this is the only passage in which it is found in Demosthenes. This point is adduced by A. Schaefer (who quotes Phrynichus, p. 248) as bearing on the doubts some- times entertained on the genu- ineness of the speech (Dem. u. s. Zeit m 2, p. 311). Cf. Rutherford's New Phrynichus, p. 318. S.] ovx oVus] Compare 30, Or. 34 14, and 54 22, ovx OTTWS a.TrTf>e\l/ev, d\X' auris riyefjiwv yeytvrjra.1. Mid. 11, 01) yap OTTWS TO crw/ua vj3piir6a.l TWOS ev TO.VTO.IS TCUS ij/a^pats (geade XpJfFOl, dXXa Kal K.T.\. i.e. non modo (non), sed, &c. 44. Do not then let these men rest secure in the confidence that they can keep other men's property, if they can get a verdict in their favour, or if not, that at least they will not be fined. Fine them, we say; for it is not reasonable that you should be more lenient to tJiem than they were to themselves when tJiey consented to the penalty. tiri Svolv dyKvpaiv] When a ship came to the shore, she had her stern to the land, where it was fastened by the irpvfj.vr)criov, and her head to the sea. An anchor, or, in case of rough weather, two anchors from the bows, held her in that position. To ride on one anchor was considered rather insecure. Hence, Helena says in Eur. Hel. 277, ayicvpa 6' rj /JLOV TO.S Tii^as wx fj.bvi), and Hecuba in the play of that name (80), 8s /J.OVQS OLKWV ayKVp' IT' e/J.uv K.T.\. Hence too we see the precise point in Find. 01. vi 100, dyadal 5 TT{\OVT' ev x e 'M e - pia VVKTI Boas e/c vabs aire- aKifj.as)6p,uetTOS7roXXors. Apoa- tolius, centuria vn 61 in the Paroemiographi Graeci n 412 tirl ovolv bpfj.t1: SrjKovri ayKV- paiv \eyeTai enl TWV acrre/a^cDs fXovTwv. Aristides, Panath. P. 1296] AIONTSOAHPOT BAABHS. 255 1296 tare, eo?, edv /J,ev Karopdwcri, rd\\6rpia e^ovras, edv Se pr) Svvcovrat e^aTrctTrjcrai, v/ia?, avrd rd o(f>ei\6/jieva dTroStocrovTas' d\\d rot? &TiTI/*MM$ fy/jLiovre rot? e'/c T7?9 avyypatyfjs' teal f), %eiv Trpo? avrovs, Kal TCLVT ov% Ta [lev ovv Trepl TOV Trpd^^aro^ Bitcaia /Spaced 45 ecrrt ical evfj,vrjfjb6vevra. eSavelcra/Aev rovrw Kal rc3 KOIVCOVO) avrov 'A0ijv7]0ev ei? ALJUTTTOV KCU e OVK d7rei\TJ(f)ajjiev rd ^prj^ara ov8e TOI)? TOKOVS, e%ov Z. P 2. eavruv Z. 110, Kal Traivfs tirl Svoiv opfj.elv not been repaid; the ship has Zdofav ol "EXXrivfs, where the never been produced; there is a Scholiast observes etprjrai K fine specified for this neglect, (jLeratpopas T&V ir\e6rru>v, OTO.V and the right of enforcing it fj Svaiv dyxtipais bp^i^vTaj. rj rests ivith one or both part- &TO.V t\\ifj.ei>iv, eTreiSrj Trap 1 av- rwv rovrwv ov SvvdfieOa. 6 /j,ev Trap' rjfiwv \6yos ovros earns, ovroi 8e 8aveicracr0ai (Mev KOI /LIT) aTroSeSaiKevat, $ia(f)epovTai S' 009 ov Bel et9 c PoSov, 01)9 ovre avveypd-^ravro ovr eireicrav r//j,d<;. 47 el [lev ovv, u> av&pes 'AOrjvaioi, ev TOJ 'PoSlwv Si/ca- iw eKpivo/jieda, tcr&)9 dv OVTOI e7r\eovKTovv rjfJiwv, pos avrov<; Kal /car air 'eirXev /cores rrj 1297 vrjl els TO eKelvwv e/nrropiov' vvv S' els 'A.6r)vaiovs ela- \r)\vd6res Kal (Tvyypatyd/jLevoi els TO vfierepov eprro- piov OVK d^iovfiev e\arra>0rjvat vrro rv Kal r/fj,ds Kal VfJids 48 X&)pt9 Se rovrwv, a> dv&pes 'Adrjvatoi, prj dyvoeire on vvvl piav BIKTJV 8iKaovres vo/juoderetre vrrep o\ov TOV efjirropiov, Kal rcapeardcn rro^Xol rwv Kara 6d- 46. 8iaTa.i,d(jLi. 'evtKa, o5 avSpes 5i- advantage to persons who have Kaarai, Kal TUI> ire wronged you as well as our- p. 1297] AIONTSOAHPOT BAABH2. 257 \arrav epjd^eadat Trpoaipovfievwv v/j,d et9 'AOrjvas, eVetra Kardyeiv rrjv vavv et9 eiepa epTropta , ovSev KcoXvcrei, airavra rd crtyi/3oA-ata StaXuecr^at. Tt9 7cip ede\rj(rei rd eavrov Trpoeadat, 50 oVai/ opa ovcras rov SiKalov', /j,r}8afj,dS$, (a ovre B. r Bekk. om. fj.lv Z cum ] See 1, and apportion the interest due to inf. 50. the voyage sailed, there will be TTWS Kpivere] Perhaps Kpivelre, an end of all obligation by con- which is a marginal reading in tract. No man will lend his the Paris edition and was pre- money if he sees that such lame ferred by Reiske. excuses have weight in court. tirl rov Saveifav] In the pro- This is not to your interest, fession or practice of money- nor to that of traders, who are lending. av^Tjdrifferai rb e/x7ro- most important members of the ptov, cf. 34 52. state, and therefore should be 49, 50. If on the other protected. hand, ship-owners may violate Kal /J.TJ irp6s TTJV ffvyypar)i'] their bond and take their ship Supply diroSovvai. to any port under pretence of 50. alrias] The pleas or its being disabled, and then reasons. P. S. D. 17 25S LVL KATA AIONT^OAHPOT. [50 fjiwraroi etcrt /cal KOivfj Traaiv V/JLLV Kal IBla ra> ev- TV Trot- 1298 elaOai. 'EY&J fJiev ovv, cxraTrep oto? T' tfv, etprjfca' a^tcG 8e riva crvvenreiv. Sevpo, who have dealings with them.' See 34 51. Sevpo, K.T.X.] See Or. 34, ad fin., /caXw d Kal a\\oi> riva TWI> l\uv, eAi> /ctXeiyijTe. [Or. 58 (Theocrin.) ad fin. fior)6riaov 7)fjLii> o Selva, ft TI ^x ets Ka -l ff "~ venre. ava^Qi. Blass, Alt. Ber. in 524, suggests that the pre- sent speech originally ended with Sevpo 6 df?va, and that, on the speech finding its way in- to the Demosthenic collection, d dewa got altered into AT/^O- ffGevrjs. A. Schaefer, on the other hand, supposes that it was the mention of Demosthenes that led to its being included among his works (in 2, 314). See Introd. ad fin. S.] INDEX. The first figure refers to the number of the Speech, the second to the Section. A. dyyelov Ipluv, 35. 34 dyKvpa, eirl dvoiv dyKtipaw op/mew, 56.44 dyuv Ti/jLrjrbs, dri'/iiyros, 37. 40 di)8us %X<- V rtv l> 37. 11 'Ad-rivricri, Ionic dative, 34. 42 d6\o6frai, 39. 9 alSelffffat iK^rr)v, 37. 59 alicia, 37. 33 alda. Ko.1 iippis, 37. 33 aK^patos, dicaptaioi, 56. 30 dfcoXoutfos, 39. 24 &Kov, 34. 31; 56. 14. 15 ava (in prose), 35. 40 dvaffTrjvai, ava/cui^at e/c veKpuv, 39. 31 dvtwcufios, 35. 11, 24 ; 56. 37, 40 dvievai, remitti, 56. 25 di'Tt\a7%civetJ' TTJI/ /J.T) oSaav, 39. 38 ira.pa.ypacprii>, 37. 33 d^toOj', 56. 46 dirayuyrj, 39. 14 aTraXXd^at nvd rtvos, 37. 1 aTraXXarro/uei'ot, 39. 11 diroyvQiva.1. Sticijs, 34. 45 diroypdfaiv, diroalveiv overlap, 40. 22 dTroypoKpr/, 34. 7 d7ro5^xeelva.i KO.L dtra\\d^at, 37. 1, 16, 19 dfjKe, dI> ovruv, 35. 4; 37. 10 260 INDEX. B. Padlfriv, 56. 15, 18 paKrrjplav (popelv, 37. 52 Ptdfrff8al nva n, 40. 47 P\acrr][j.e'iv, 40. 45 Blass, quoted, 34. 16; p. 59 &c. j3or)6eiv ra ditcaia, 35. 5 ; 40. 61 Boffiropos, 34. 2; 35. 10 Bottomry, loans on, 34 Arg., and 56 Arg. fiovXrj, manager of finance, 40. 02 Corn-laws, 35. 50; 56. 7 r. Genitive of value or equiva- lence, 34. 40 by attraction, 34 A rg. 1. limitation of time, 35. 11 y\iffxpbjs, 37. 38 ypafj.fj.aTiStov, 56. 1 ypcKpal, 39. 14 curepelas, 35. 48 ypdfaiv, tyypdiviov, 40. 11 SevrepoXoyia, 34. 20, 21 8ew, Sets, personal, 37. 49 drj/moras, eyypde(r6a.i eis, 39. 5 8iaj3d\\eiv, 5ta/3o\ai, 40. 33 diaiTijral, aipfrol, /cX;pwrot, 40. 16 StaXCcrcu' Ttvo, 37. 12 dia/jLeTpelv, -eiffOcu, crirov, 34. 39 5iafj.fTpe?ff6aL aXtpirov, 34. 37 Sia.-neTrpaytji.tvos sensu media, 35. 26 ; 56. 20 8iairoa.vri Tra^x 6 "') ^6. 38, 39, 40, 45 ti>deleis, evdeiKvijt'a.i, 39. 14 iveftpcvwv, 40. 45 eiriryxdyeip, jreuis, 34. 51 ; 56. 50 ea.Xficpeiv dffrbv, 39. 39 eea-r?;/cci>j olvos, 35. 32 rov vov, 34 ^tr^. 1. 28 (l-tTdfetv, to make inventory, 34. 8 f^bv fj.r,, 39. 12 ; 40. 4 e^oiiXijy SiKi), 39. 15 ; 40. 34 eirayy^XXeffdai, 35. 41 fVei with imperative, 39. 32 eirertTCLVTo, 56. 24 en-2, coram, 56. 16 eirl rov Savelfeiv, 56. 48 ^7R0dT?7s, 56. 10, 24 eiriyafjios, 40. 4, 57 (Triyi>iafj,uv, 37. 40 firi5a.veiff/ji.bs, 34. 6 , -ecrOai, 34. 46 eiriTdfffffiv Soi^Xots, irpoo'rdcrcretj', 39.7 eTTiT^/jiveiv, evr^fjivfiv, 40. 33 TTlTl/Jt.S.V fflTOV, 34. 39 e7rw/3eXfa, 35. 46; 39. 13; 56. 4 tpavlfriv, 39. 18 epyafccrOai xp-qfj.a.TO., 56. 34 fpyaffT-fipwv, 37 ^r#. ; 37. 4; (a gang) 37. 39; 39. 2 Karadiairav, Sovvai, 40. 17 ), 39. 7 o^w/fa, 56. 39 erepoirXovs, 34. 8, 22, 30 ; 56. 29 , et'0i;5i/cht, 34 y4r<7. ; 37 /. 1. 70 Tos, 56. 45 eviropftv, eviroplai, 34. 51 ; 40. 36 ^(pfKTos Ti^os, 34. 23 l^ems, 34. 21; 40. 55 e6diov = ffKTJ\f'is, 34. 34 e' f re, 56. 3, 5, 20, 42, 49 ^X'l'oy, 39. 18 ?a>s, ws dv, with opt. 35. 25 Famine-prices, 34. 37, 39 Future perfect indie., 35. 56 Z. Zei>s |, 35. 40 flv, 39. 6 v, 56. 40 H. 7, r/SeiJ', 34. 12; 37.23 v, fa, 34. 12 /cia, stature, 43. 56 , 34. 37 e. 0a, 40. 25 K\i}poi, 39. 12 K\r)povv, K\ripovo'0ai, 39. 10 5i>oiV Tuvaxloiv, 39. 12 Kva/jLois, ibid. K\riT7)pfs, 40. 28 Kpiveadai 2v run., 39. 1 firi TLVOS, 56. 16 /cp/TTjs, 39. 10 Kva.fj.oi, in drawing lots, 39. 12 KufkKiput$f ffTartjp, 34. 23; 35. 26 ofros, 35. 31, 34, 35 A. ti' SiKrjv, 39. 1 AaKpiTOV fj.aOriTa.1, 35. 41 Laurium, pp. 89, 93, 121 XT;IS 5t/o;s, 39. 16 LiddeU & Scott, 56. 40 XiTTOffTpariov, Xiirora^iov, 39. 16 Atfcns, 37. 5. M. fj.a.Kpd crroa, 34. 37 Mapawefa, 37. 4 Mayor, Joseph B., quoted, 34. * 6, 31, 38, 47, 49; 35. 17, 18, 19,25,54; 37.28,46; 40. 11, 14,17, 18, 34, 37; 56. 10, 14, 16, 20, 35, 40 ; p. 227 M6/5ij, 35. 10, 20, 35 fj^pei, 34. 1. [Lysias] 2 33 iv v, 56. 49 /j.fx OTL, 34. 14 /j.f]Xo.vT}, wairep dwb fj.rjxa.vrjs, 40. 59 middle sense of perf. pass., 40. 21,28; 56. 3, 20 Mines of Derbyshire, 37. 36 Mines of Laurium, pp. 89, 93, 121 fj.vrjffiKaKe'iv, 40. 46 /idi'os fj.dvq>, 34. 32 N. va>jK\ripos, 34 Arfj. 1. 4 vavriKol r6Koi, 56. 17 i>e/j.fcr6ai irpos riva, 40. 52 vofj.01. Trfpl -yovtwv, 39. 33 ; 40. 49 s. evias TrpoffK\r)0rjvai, 39. 18 ypcujxadai rtva, 40. 36 ei>o\oyeiv, 40. 36 ^vireraitjiv, 35. 20 0. olKelv 'Aefyrjaiv, 34. 37 oiKrj/j.0., career, 56. 4 olfj.w%6fj.evos, 35. 40 Cfj.6ffe irapevfcrdai, 56. 14 OTTore, 34. 33 bpKov diSovai, dt^affOai, 39. 3 bpfj-eiv Trl dvotv dyKtjpa>.v, 56. 44 OTiovv, oriavovv, 40. 23 ofiK superfluous after ovd, 34. 1 after el in bimembered sen- tence, 34. 78 OVKOVV lyuye eyw yovv OVK, 39. 34 o?> /J.r)v dXXci, elliptical, 34. 4 01>X OTL, fj.11 OTI, 34. 14 OTTWS, 56. 43 \eiv, 6eiv, 39. 31 irapa.ypd(j>f(r6ai diKrjv, 34. 43 TLVO. oia.iTr)Tr}v, 40. 16 Trapaypaat, 34. 17 7rapa/cara/3oXaJ, 37. 41 TrapaKpoiiffaadai, 56. 18 TrapavofielcrOaL, 35. 45 Trapavvyy parpen Tiva, 56. 28 INDEX. 263 irapaxet.fJ.a^eii', 34. 8 ; 56. 30 Trapaxcopetf TivL rivos, 37. 50 irapeXde'ii', irapUvai, intrare, 34. 38 ; 39. 16. Trape/i/SaXXeic \6yovs, 40. 61 Parents, laws about, 39. 33 Trap yvvatKl, 40. 8, 27 ^Xi;'etv = Xot5ope(j', 39. 11 TrXwi/ios, 56. 23, 40 Trot os after r/s, 39. 9 7roXi)s, 'vehement,' 40. 53 Tro/jLirelov, TO. TTOfMireia, 34. 39 wpcapeiov, 39. 29 Trpoaipelffdcu, 56. 1 7rpoeiol, 34. 23; 35. 36 - QuKaeu, 40. 36 o-Tod /aa/cpd, 34. 37 ffrparriyol, respect for sons of, 34. 50 ; 40. 25 subjunctives, always future, 35. 24 ffvyypafial, spurious documents in Dem. , 35. 10 ffOXat, 35. 13, 26 ffv/j.pa\eit> ffv/j.p6\aia, 34. 1; 37. 49 ffv/j.po\aiov, 34. 3; 56. 2 - fjj.Tropi.Kbv, 35. 43 , 39. 12 avfifj.opia.1, 39. 8 (rv[iw\eii>, 34. 26 cr^/x.TTTWjua, 56. 43 o-^eo-TcDTes, oi, 37. 39, 48| avvevwopelv TI, 37. 49 ffwuTTavai Tt^tds fflTov, 56. 7 crwTeTpalveLV, 37. 38 (rvvTi/jidv OITOV, 56. 8 deva.Kitu>, 56. 31 fapeiv TWO., ' to propose,' 39. 7 JWpi/ces, 34. 6 (poirdv, (poiTtjTcd, 39. 24 pa.T{pas, eyypd. wp<2ij' \ifjt,r)v, 35. 28 X. 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