LYSIAS From a Bust in the Museum of Naples LYSIAS TEN SELECTED ORATIONS EDITED WITH INTRODUCTION, NOTES, AND APPENDICES BY WILLIAM H. WAIT, PH.D. UNIVERSITY OF MICIIGAN NEW YORK.: CINCINNATI.:. CHICAGO AMERICAN BOOK COMPANY COPYRIGHT, 1898, BY WILLIA'M H. WAIT. LYSIAS. W. P. 2 CID~ fR1 ift PREFACE THE ten orations contained in the following pages have been selected in the first place with reference to their merit, variety, and interest, and in the second place to illustrate the peculiar qualities and characteristics of Lysias as a rhetorician. They are given in the manuscript order. In reading, however, the student is advised to begin with the oration For Mantitheus or that Against Eratosthenes. The text of most of the orations here presented is chiefly that of Rauchenstein-Fuhr, though in a number of places the readings of other editors have been preferred. Orations XXVIII and XXIX are from Scheibe's edition with a few changes. The grammatical notes in some cases, especially on the first two or three orations, may seem to be rather full. They were made so advisedly. In many colleges and universities in this country, Lysias is the first Greek author that is read. Hence it is believed that, at the start, such grammatical help will in no way be found harmful to the brightest and to the best prepared, and very useful and encouraging to the slow and less fortunate in their preparation. It will serve to recall and fix in mind such matters of etymology and syntax as should early become the permanent possession of every student of Greek. Again, by directing the student, through references in the notes, to a solution of such matters for himself, a larger part 7 8 PREFACE of the instructor's time in the classroom may be given to the discussion of the many interesting topics suggested by the subject-matter of what is read, and to a consideration of the author's literary style and merit. The Map at the beginning, and the Biographical Index near the close of the book, are intended to answer questions on geography and biography that arise in the reading of the orations. A short list of Idioms and Phrases has also been inserted, to which reference is often made in the notes. Appendices have been added which aim to furnish information on the history, and on the various other topics with which the orations deal, such as the Conspiracy of the Four Hundred, the Downfall of Athens, the Overthrow of the Athenian Democracy, the Thirty Tyrants, Greek Oratory, Athenian Money, Atimia, and Judicial Procedure. To these also constant reference is made in the commentary. The book closes with a brief Chronological Table of the period covered by the orations. A brief list of useful works is given, near the beginning of the book, to which the student may turn for further information on details. The editor desires to express his hearty thanks to Professors M. L. D'Ooge and A. H. Pattengill, of the Department of Greek in the University of Michigan: to the former, for reading the manuscript, and for many valuable suggestions; to the latter, for generous assistance in reading the proof-sheets. WILLIAM H. WAIT. UNIVERSITY OF MICHIGAN, May, 1898. TABLE OF CONTENTS PAGE INTRODUCTION. Lysias - Life - Style - Structure of Speeches - Works - References - Manuscripts - Some Previous Editions - Helpful Works in the Study of Lysias...... 11 ORATION VII. On the Sacred Olive... 27 ORATION XII. Against Eratosthenes I-.. 39 ORATION XVI. For Mantitheus 6..... 63 ORATION XXII. Against the Grain Dealers.. ~ 77 ORATION XXIII. Against Pancleon.... 86 ORATION XXIV. For the Cripple /..... 92 ORATION XXVIII. Against Ergocles 1'.... I02 ORATION XXIX. Against Philocrates v I10 ORATION XXXI. Against Philon..... 115 ORATION XXXII. Against Diogeiton... 125 NOTES......... 137 IDIOMS AND PHRASES...... 208 BIOGRAPHICAL INDEX..... 211 APPENDIX I. The Four Hundred.. 217 APPENDIX II. The Downfall of Athens--The Thirty Tyrants........ 219 APPENDIX III. Legal Procedure - Courts. 225 APPENDIX IV. Greek Oratory...... 231 APPENDIX V. Atimia and Liturgies..... 236 APPENDIX VI. Athenian Money...... 238 CHRONOLOGY.......... 239 9 INTRODUCTION LYSIAS Life. - The birthplace of Lysias is not positively known. According to some authorities, it was the Sicilian city of Syracuse; according to others, Athens. The weight of evidence seems to favor the latter city. At any rate, if not born in Athens, he was but a small child when his father with his family took up his residence in that city. The date of his birth, also, is uncertain. According to the ancient authorities and some critics of the present day, it is 459 B.C. The majority of modern scholars, however, on what appears to be very good ground, put the date at about 444 B.C. His father, Cephalus, was a Sicilian Greek, and lived in the earlier part of his life in Syracuse. He was a shield manufacturer, and seems to have acquired considerable wealth from his business. He must also have been a man of much personal worth, and possessed of a good degree of literary taste and culture, as he attracted the attention of the great Athenian statesman, Pericles, who often extended invitations to foreigners of opulence and merit to live in Athens and the Peiraeus. It was on such an invitation that Cephalus went to Athens, or rather to her harbor town, the Peiraeus, to dwell, - just when cannot be stated, - attracted also, no doubt, by the opportunity the place afforded for carrying on a successful business in the manufacture of II 12 INTRODUCTION shields. Not only did he assiduously attend to the business in which he was engaged, but at the same time he indulged his fondness for refined and cultured society. His home soon became a hospitable resort for men of note and scholarly attainments, among them the philosopher Socrates. It is at his house that Plato lays the opening scene of his great work, the Republic, and to Cephalus himself is assigned a not unworthy part in the conversation. It was in such a home and amid such favorable surroundings that Lysias grew up, receiving the best education that Athens afforded. He doubtless often saw, if he did not meet, the great dramatists Sophocles and Euripides, the sculptor Pheidias, and others who were famous at the time. In 429 B.c., when fifteen years of age, he went in company with his brother Polemarchus to Thurii, a colony in southern Italy. There the brothers engaged in business, though Lysias also devoted much time and attention to the study of rhetoric. His teacher is said to have been Tisias, a Sicilian rhetorician, himself a pupil of Corax, the reputed founder of the art. This knowledge proved highly valuable to Lysias in after life, as we shall see. As long as the Athenian party in Thurii were in power, everything seemed to go well with Lysias and Polemarchus, but in 412-411 B.C., as the Sicilian expedition had failed, the Athenians of Thurii were overcome, and many of their number banished, among them our orator and his brother. Hereupon they returned to Athens to live, and thereafter carried on a prosperous business in the Peiraeus, Polemarchus dwelling in Athens proper, and Lysias in the Peiraeus next to their shield factory. Metics, or resi LIFE OF LYSIAS 13 dent foreigners, were not as a rule allowed to own real property, though sometimes exceptions were made. Such was the case with Lysias and Polemarchus, who, we learn, owned the houses in which they lived, and the large factory in which they employed one hundred and twenty slaves. The brothers, since they were metics and therefore not allowed to share in the public government, lived quietly, and devoted themselves to their business, from which, we may well believe, they greatly increased the wealth inherited from their father. When, however, the Peloponnesian war came to an end, so disastrous to Athens, and the Thirty Tyrants began their infamous reign, misfortune overtook the brothers. The Thirty Tyrants, in order to get money with which to carry on their government, decided to put to death certain wealthy metics, as having no part in public affairs, nor any special rights which they felt bound to respect. Lysias and his brother were among the unfortunates that were proscribed. Lysias vividly relates in his oration against Eratosthenes, how Polemarchus was arrested in the upper city, imprisoned, and put to death, how he himself succeeded in making his escape from the house of Damnippus where he was held under guard, and how, by taking refuge with a shipmaster, Archeneus, he, after learning of the fate of his brother, embarked in a boat and fled to Megara under cover of the night. Lysias remained in exile till the overthrow of the Thirty. During his absence he gave much encouragement and material aid to the democracy in its endeavor to reestablish itself. Though his property at Athens 14 INTRODUCTION had been confiscated, he seems to have had other means with which he generously supplied shields to the democracy, and hired soldiers to fight for its cause. After the overthrow of the Thirty in 403 B.c. Lysias returned to Athens. Thrasybuflus, the leader of the democrats, in recognition of his valuable services, proposed that he should be made a citizen with full rights. The Assembly passed such a decree, but in so doing had clearly acted unconstitutionally, as the law required that the Senate should first pass upon such a matter before proposing it to the people. The new Senate had not been organized. Hence the proceeding was technically illegal. Accordingly, one Archinus, an enemy of Lysias, availed himself of the opportunity thus afforded to annoy him. By bringing a ypaýj rrapavodrov, or indictment for unconstitutionality, he succeeded in debarring Lysias from the proposed honor, thereby keeping him in his former status, that of a metic. After the courts which had been discontinued by the Thirty were again in operation, Lysias, as the nearest of kin, brought the slayer of his brother Polemarchus to trial on the charge of murder. The alleged murderer was Eratosthenes, who had been one of the Thirty. The speech that Lysias delivered on that occasion-the one Against Eratosthenes -was probably his earliest effort. It is also considered his best, and the only one that he himself spoke, the remaining orations being written for the use of others. By reason of the fact that Lysias had lost his property at Athens by confiscation, and had freely contributed of his other means to the cause of the democracy, he now, no doubt, found himself in somewhat straitened circumstances. His LIFE OF LYSIAS is business and money were gone. It was at this time that the early instruction in rhetoric which he had received at Thurii proved to be most useful. He became a Xoyoypdcfos, or writer of speeches for others. In this way he gained a livelihood. His industry and success in this work, extending over a period of more than twenty years, - from 403 to about 380 B.C., - were remarkable. The ancients ascribed to him more than four hundred speeches, and, we are told, only two failed of success. Two things favored Lysias in the prosecution of his work as a Xoyooypdoos. One was the fact that the courts of Athens, after the restoration of the democracy, were full of cases involving property rights and personal safety, growing out of the commotion and turmoil incident to the reign of the Thirty. This caused a great demand for speeches. Many interested in those cases were ignorant and unskilled in speech writing. Hence, as the Athenian law required each party to a suit to speak for himself in court, there was a great opportunity for those who could and would prepare speeches for people untrained in such matters, to use in prosecution or defense. The second thing that favored Lysias in his work as a writer of speeches for others, was the fact that Xoyoypa'dot were not so numerous in his time as at a later day. Hence Lysias, as he had already, in the beginning of his career, distinguished himself by his oration Against Eratosthenes, the murderer of his brother, was, no doubt, in great demand. For his services in such a capacity he received a compensation. The Xolyorppd)ot, as a class, were held in disesteem in Athens, as the people looked with disfavor on those 16 INTRODUCTION who received money for services other than those rendered to the state. Lysias, however, by reason of his status as a metic, being excluded from participation in public matters, in which he doubtless would have distinguished himself, had a far better reason for writing speeches for pay than had many others, like Demosthenes, for example, whose status as citizens made such a business less excusable in the eyes of the Athenians. Lysias and Polemarchus, as well as their father, Cephalus, before them, though not citizens of Athens, were granted privileges not usually accorded to metics. The class to which they belonged were called lo-oreXEc, that is, metics who were not required to have a patron (Trpoo0aTci&s), nor to pay an alien duty ( -EroTtcov), as in the case of unprivileged metics, but had to pay taxes with the citizens, and perform liturgies, or certain public services at their own expense. Lysias had, besides Polemarchus, another brother, Euthydemus, and one sister. Polemarchus, according to Plato, was inclined to philosophical pursuits. Of Euthydemus and the sister little or nothing is known. Lysias married his sister's daughter, but we have no knowledge that he had any children. The date of his death, like that of his birth, is not definitely known. One authority, the Pseudo-Plutarch, says that he lived to be eighty years of age. The latest work that has come down to us, the speech For Pherenicus, was written about 380 B.c. It is thought that he died soon after that date. The study of this graceful orator through his speeches and the comments of the ancient critics shows him to have been a man of superior mental gifts and of lofty character. STYLE OF LYSIAS 17 Style.- The Sicilian rhetoric in which Lysias received his early training while at Thurii in southern Italy, had several marked characteristics. It was verbose, florid, and very artificial in style, and abounded in sharp antitheses, elaborate parallelisms, alliterations, and showy ornamentation. For the demands of the court room, which was filled with all classes of people seeking redress for injuries received, or defending their rights and lives against malicious attacks, this brilliant rhetoric was insufficient. This was seen and modified somewhat by the speech writers who preceded Lysias. Yet even with the slight modification it received at their hands, it was still too florid, too artificial, too showy for the practical purposes of the courts. All speeches for the most part were cast in the same general mold, characterized by the same literary style, and framed without regard for the requirements of the cases in question, and the peculiarities of those for whom they were composed. Lysias was the first to see the absurdity and the inadequacy of such a fixed style and pattern for court speeches. He saw that the court room, in which practical, serious matters came up for adjudication, was not the place, primarily, for the display of florid, turgid, and high-sounding speeches, but rather for plain, clear statements of facts, and forcible arguments. So different is the style of his oratory from that of the artificial and brilliant Sicilian rhetoric, that it may.be considered as marking a new epoch in the history and development of oratory among the Greeks. By reason of the plain, straightforward character of his speeches, and the absence of redundancy and useless ornament, Lysias was WAIT'S LYSIAS - 2 18 INTRODUCTION regarded by the ancients as the inventor of the Plain Style of oratory. One of the chief characteristics of the style of Lysias, then, is his skill in adapting the treatment of a case and the language employed to the needs and the station of the client who seeks his services as speech writer. Another striking characteristic of Lysias is his power in the delineation of character,--00vouoLa, as the Greeks termed it. The delineations that appear in his speeches are in many cases exceedingly vivid and striking; as, for example, the portrayal of the character of the honest man accused of removing from his farm an olive stump, that of the pert and serio-comic cripple, and those of the chief actors in the speech against Diogeiton. In all these cases the characters stand out as clearly and distinctly as if sketched by some skillful writer of fiction. In addition to the qualities of style already mentioned, Dionysius of Halicarnassus, a noted critic of the first century B.C., mentions the following: - (a) Purity, or the absence of obsolete, strange, and far-fetched language, and the use of words and constructions common to the idiom of the day. (b) Simplicity, or the use of ordinary words in their usual sense, and the avoidance of all save the most common and natural figures of speech. (c) Perspicuity, or clearness of statement. (d) Brevity, or the use of the fewest words, consistent with clearness, for the expression of his thoughts. (e) Vividness, or the power of making his hearers clearly see what is described. (f) Propriety, or the adaptation of his speeches to the time, place, and occasion of their use. STYLE OF LYSIAS 19 (g) Charm, or an exquisite grace of diction which cannot be analyzed, but can be felt and enjoyed by readers of keen sensibilities. This peculiar character of diction Dionysius considered the chief quality in the style of Lysias. No other orator, in that critic's judgment, possessed it in the same degree. In ancient times many speeches were incorrectly assigned to Lysias for authorship. Of these Dionysius rejected many as unworthy of that orator. In cases of great doubt, where the other qualities of the style of Lysias did not lead him to a decision, he relied chiefly on that characteristic grace and charm to aid him in his judgment, thinking that 'to write winningly, gracefully, with loveliness, was the gift of Lysias.' Lysias also sometimes made use of wit and humor with good effect. An excellent specimen of his skill in the use of these weapons of oratory may be seen in his speech For the Cripple. Lysias was highly esteemed also by eminent Roman writers. Though not cast in so large a mold as Demosthenes, yet in his class, so to speak, he stood alone in the clearness, force, and beauty of his style. Cicero (Brut. ~ 35) says: "Tum fuit Lysias, ipse quidem in causis forensibus non versatus, sed egregie subtilis (simple) scriptor atque elegans, quem jam prope audeas oratorem perfectum dicere. (Orat. ~ 29) Dicat igitur Attice venustissimus ille scriptor ac politissimus Lysias, quis enim id possit negare? Dum intellegamus hoc esse Atticum in Lysia, non quod tenuis sit atque inornatus, sed quod nihil habeat insolens, aut ineptum." Quintilian says of Lysias (X, I. 78): " Subtilis atque elegans, et quo nihil, si oratori satis sit docere quaeras 20 INTRODUCTION perfectius. Nihil enim est inane, nihil arcessitum, puro tamen fonte quam magno flumine proprior." Structure of the Speeches. - Lysias, in the arrangement of the material of his speeches, usually makes four divisions, the Introduction, the Narrative or statement of facts, the Proof, and the Peroration or summing up of the case. These divisions vary in length and importance in different speeches, according to the nature of the case in hand. In some orations one division is entirely wanting or embodied in some other part, as, for example, the Narrative, which we find sometimes incorporated in the Proof. Occasionally, also, the Introduction is omitted. The Introduction aims to render the hearer well disposed and attentive, and to prepare him for what is to follow. Much often depends on the character of this part of the speech, as to the frame of mind and heart in which the listener receives the remaining portions. In the treatment of this division of his orations, Lysias showed so much skill and tact that he is especially commended by the critic Dionysius of Halicarnassus. In the next division, namely, the Narrative portions of his orations, Lysias is at his best. He presents the facts of the case in question in such terse, plain language, and in a manner so charming and convincing, that Dionysius places him above all other orators in the treatment of this part of a speech. In the third part, the Proof, Lysias is not so good. He is generally, though not always, logical, but lacks the intense spirit and power to strengthen the force of an argument or plea that some other orators, as Demosthenes, for example, possessed in the highest degree. WORKS OF LYSIAS 21 In the Peroration, or last division of his speeches, he recapitulates well, but often fails again in that earnestness, intensity, and force necessary to carry conviction to the hearer. Works. - Lysias was the best and most noted Xo7oypa'/o? of his time. For this reason many speeches of unknown authorship, and possessing in a general way the characteristics of the plain style, were wrongly attributed to him. The ancients assigned to him as many as four hundred and twenty-five orations. Of these Dionysius of Halicarnassus, about three hundred years later in time than our orator, rejected one hundred and ninety-two, as spurious, leaving two hundred and thirty-three that he regarded as genuine. Of this number there have come down to us thirty-one complete orations according to the Palatine manuscript, though six or eight of them are thought by many to be spurious. Besides the thirty-one speeches of the Palatine manuscript, four others have been preserved for us, three, in part, by the critic Dionysius, who embodied portions of them in his works, as furnishing good examples of the style and art of Lysias, and one, the Eroticus, or Oration on Love, contained in the Phaedrus of Plato. We have already mentioned the fact that the speeches of Lysias, as we have them, extend over a period of about twenty-three years, from 403 B.C. -the probable date of the oration Against Eratosthenes - to 380 B.C., the date assigned to the speech For Pherenicus, which, so far as we know, was his latest oration. These speeches, together with the fragments, and the titles of many others, show how great was the variety of 22 INTRODUCTION cases in which the services of Lysias as Xoyoypdhfo? were sought. There were speeches for public and private cases in court, speeches for the General Assembly on matters of constitutional or public polity, and speeches for funeral and festive occasions called epideictic, intended for show or eulogy. Two of these show pieces ascribed to Lysias have come down to our time, II and XXXIII (not complete), the former of which, the Epitaphius or Funeral Oration, is now by many considered spurious, though it was accepted without question in antiquity. In all this variety we see the regard that Lysias had for the proprieties of time, place, and occasion, always suiting the treatment and language to his theme. His orations contain much valuable material for the study of the private life and customs of the ancient Greeks REFERENCES Life ANCIENT: Lysias: Against Eratosthenes, ~~ 4-16. Plato: Republic (at the opening); also here and there in the Phaedrus. Pseudo-Demosthenes: LIX, 21 ff. Athenaeus: p. 592 f. Dionysius of Halicarnassus: rrcp Avconov (a very brief biography). Pseudo-Plutarch: Moralia, p. 835, C, ff. Photius: Bibl. 262, and 8. Suidas: s.v. Avor'a. MODERN: Hoelscher's De Vita et Scriptis Lysiae Oratoris. Berolini, 1837. Blass: Die Attische Beredsamkeit, Vol. I, p. 399 ff. Jebb: Attic Orators, Vol. I, p. 140 ff. Encyclopedias, and Histories of Greek Literature. REFERENCES AND MANUSCRIPTS 23 ANCIENT: Style Dionysius of Halicarnassus: 7rep' Avo'ouv. Cicero: De Orat. III, 7, 28; Orat. ~~ 29, 226; De Op. gen. Or. ~~ 9, o0; Brut. ~~ 35, 63, 64, 66, 67. Quint.: III, 8, 51; IX, 4, 17; X, I, 78; XII, 10, 21. A. Gellius: Noctes, II, 5. Plutarch: Cato, VII. MODERN: Blass: Die Attische Beredsamkeit, Vol. I, p. 381 ff. Jebb: Attic Orators, Vol. I, p. 155 ff. Histories of Greek Literature. Works Blass: Die Attische Beredsamkeit, Vol. I, p. 353 ff. Jebb: Attic Orators, Vol. I, p. 194 ff. Histories of Greek Literature. MANUSCRIPTS The manuscripts of the Orations of Lysias are somewhat unsatisfactory. The earliest is the Codex Palatinus X (Heidelbergensis 88) written in the twelfth century. It was brought from Nicaea to Italy, thence taken to Heidelberg, later (1622) carried to Rome, afterwards (1797) taken to Paris by Napoleon, and finally (1815) was again carried to Heidelberg. It consists of one hundred and forty-two leaves of parchment written by one person, who also made most of the corrections found in it, only a few being made by a second hand. Some portions of the original manuscript were lost in transferring it from the East. Another portion, containing Oration II, is so badly stained with ink as to be in places quite illegible. Orations XXXII, XXXIII, and 24 INTRODUCTION XXXIV, which do not appear in this manuscript, are preserved to us in part by the critic Dionysius of Halicarnassus, who copied them to illustrate the peculiarities of the style of Lysias, as already stated under the Works of Lysias. The other manuscripts are copies of this parchment, in its mutilated and defaced condition, as has been shown by Sauppe. They all, together with the first printed edition of the orations made by Aldus, contain the same lacunae, and show the same difficulties in dealing with the ink-stained passage of the original. Of these copies we shall mention only the following: Codex Laurentianus C (pl. 57, 4). Codex Vaticanus M (66). Codex Urbanus O (117). SOME PREVIOUS EDITIONS OF THE ORATIONS OF LYSIAS Selected Orations of Lysias, with notes explanatory and critical, have been edited by various scholars, of which we mention the following: ENGLISH EDITIONS: Stevens: Orations II, VI, XII, XIII, XXII. Whiton: Orations VII, XII, XVI, XXV. Shuckburgh: Orations V, VII, IX, X, XII, XIII, XIV, XVI, XVII, XIX, XXII, XXIII, XXIV, XXVIII, XXX, XXXII. Bristol: Orations VII, XII, XVI, XVII, XIX, XXII, XXIII, XXIV, XXXII, XXXIII. Morgan: Orations VII, XII, XVI, XXII, XXIII, XXIV, XXXI, XXXII. GERMAN EDITIONS: Rauchenstein: Orations VII, XII, XIII, XVI, XIX, XXII, XXIII, XXIV, XXV, XXX, XXXI, XXXII. Revised many times by himself and Fuhr. HELPFUL WORKS 25 Frohberger: 3 Vols. Vol. I- Orations XII, XIII, XXV; Vol. II - Orations I, X, XIV, XV, XXXII; Vol. III - Orations XVI, XIX, XXIV, XXX, XXXI. Vol. I has been revised by Gebauer. Frohberger: small edition of the former. Vol. I - Orations XII, XIII, XVI, XXV, XXXI; Vol. II- VII, X, XIV, XV, XIX. XXII, XXIV, XXX, XXXII. Vol. I revised by Gebauer. Vol. II revised by Thalheim. Kocks: 2 Vols. Vol. I- Orations VII, XII, XIII, XVI, XIX; Vol. II - Orations XXI, XXII, XXIII, XXIV, XXV, XXVIII, XXX, XXXI, XXXII, XXXIII. Weidner: Orations I, VII, X, XII, XIII, XVI, XIX, XXII, XXIII, XXIV, XXV, XXX, XXXI, XXXII. Convenient text editions (without notes) of all the orations of Lysias have been prepared by Westermann (1854), Cobet (1863), and Scheibe (1874). Scheibe's edition has been reprinted several times. HELPFUL WORKS IN THE STUDY OF LYSIAS IN ENGLISH: Becker: Charicles, especially the Excursuses (translated from the German by Metcalfe). Bliimner: The Home Life of the Ancient Greeks (translated from the German by Alice Zimmern). Gilbert: The Constitutional Antiquities of Sparta and Athens (translated from the German by Brooks and Nicklin). Gow: A Companion to School Classics. Third Edition, revised 1893. This is a very valuable book, convenient, and not expensive. It should be in the library of every classical student for ready reference. Greenidge: A Handbook of Greek Constitutional History. Jebb: The Attic Orators from Antiphon to Isaeus. Vol. I. The standard work in English. Mahaffy: Old Greek Life (handy for ready reference on many points). 26 INTRODUCTI()ON Schdmann: The Antiquities of Greece. - The State (translated from the German by Hardy and Mann). Smith: Dictionary of Greek and Roman Antiquities. Harper: Dictionary of Classical Literature and Antiquities. IN GERMAN: Blass: Die Attische Beredsamkeit. Second Edition. Boeckh Staatshaushaltung der Athener. Third Edition by Frbýnkel. Guhl and Koner: Das Leben der Griechen und R*m-er. Sixth Edition by Engelmann. Hermann: Lehrbucli der Griechischen Privatalterthtimer. Third Edition by B3lUmner. Hermann: Lehrbuch der Griechischen Rechtsalterthiimer. Third Edition by Thalheim. Hermann: Lehrbuch der Griechischen Staatsalterthimer. Sixth Edition by Thlitimser. Meier and Schomann: Der Attische Process. Revised by Lipsius. "Meisterhans: Grammatik der Attischen Inschriften. Second Edition. Schiamann: Griechische Alterthiimer. Third Edition. Volkmann: Die Rhetorik der Griechen und R6mer. Second Edition. VII APEOIIAFITIKOX IIEPI TOT 6HKOT AIIOAOFIA 'his speech was made in answer to one Nicomachus, a young man known to us by name only, who had charged the accused with the removal of a sacred olive stump from the ground. The olive tree was held sacred by the Attic people, because it was supposed to have been first planted by their protecting goddess, Athena, on the Acropolis of Athens. On account of this belief regarding the origin of the tree and its great value as furnishing excellent wood for various purposes, as well as fruit and oil, it was most carefully guarded. Stringent laws were enacted to insure the preservation of olive trees, and severe penalties inflicted on trespassers. It was believed that shoots taken from the first olive tree on the Acropolis were planted, first in the Academy (Pausanias, I, 30, 2; Aristoph. Clouds, 1oo5), and then in various other parts of Attica, and that this was the origin of the olive groves in that country. Some of these trees were private (i'&at E ~at), others were public (woplat), standing in many cases on the private property of individuals. If a tree was cut down, the remaining stump was carefully protected by a fence, as from its roots sprang many new shoots. The inclosure was called oric6k. Later, however, this word was made to mean not only the inclosing fence, but also the stump 27 28 AY2IOT itself, together with the ground close to it, which no one was allowed to cultivate. The penalty for removing a public olive tree (Itopia) was exile and confiscation of property. No owner of private olive trees (eXdat) could, without special permission, cut down and use for private purposes more than two in a year, under penalty of two hundred drachmas (about $36) for each tree. If he encroached on the roots of an olive stump (otrrK',) by cultivating the ground about it, he was also fined. Officers called ETWvLW/LovE9, inspectors, were appointed each year to exercise a general supervision over the olive trees; while 67rttt/EXyrciTa, curators, were elected to examine and report on them each month. The Areopagus (see App. 1II, 8) had general charge of the protection of these trees, because that body exercised jurisdiction over cases of sacrilege, under which an injury to an olive tree was classed. The plaintiff, Nicomachus, brought this suit, probably at the instance of some enemy of the defendant, or was one of that detested and greatly feared class of informers called Sycophants, who often instituted trials without foundation, in order to get hush money from the accused, who usually in such cases was a man of means. The present case was apparently without ground, and entirely refuted by the defendant, who seems to show conclusively that there had been no olive stump on the farm during his ownership of it. After disposing of the case proper, he continues the discussion of the matter on the ground of probabilities, and argues that he could have had no possible motive in removing the stump, as there was nothing to be gained by it, and flEPI TOT ýiHKOT A17IOAOPIA 29 that he would have been reckless, indeed, knowing, as he did, the penalty for such conduct. The date of the speech, judging from ~ ~ i i and 42, was probably about 395 B. C. 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IT CLVTWOV yp a O~TcaTo3 av YEVOL/I-k-V, EL E/flya3 aoL/COJ3 KcLcL(TaoT) 0-o/ICL, aratcLL /IAV &V Kal /IOVO'3, Cp-q/IOV 8E\TOy' OL/COV )/EVO/ILVOV, /I-,TTpO' 3E 7TcLVTCL) CV~EOV,13 aTELpL8O; SE\ TotavT'I7 CI E77 aO7<LO-TELL OrTEpv)OE~C" EdTacL;, 7ToxxclS /I-t" I-'~uXta,3 17TEp avT77p; VEvavL/I aX-7CW3, ITOXXa\ 3 8E\ /Ik aXa /IEIkaX'Y7/IEVOýý, /OO7I.LOV 8' C/IEVTOJ) Kat2 EV 8^q/IO/CpaLTLa K (ELCV O'XtyEPXL('L 42'AXX4\ yd\p, w' /ovXv1", TEavTcL /IEV CV~cL8E 0VK 078' 0 TL 8JL XE'yEWV cLWCEL$La 8' V/I~V CucJ' OV'K '?) Lfl71KO3 CV 7(t) Xw-P CEL IpTvpEL( 7TapEO7<O/I'qV KELL TE/I-t-ptL. EL Xp-q /IE/IWI)/ICEVOV3 8Lcaytyv(O(TKELV ITEPL 'TOl) 7TPCy/-LLTO3, KaELL CLvv 7TELpa TOVTOV ITVC(OCL TOV EVE/Ca, E OV CIT ELVTOýbO)p(x.) E3X E*y &)L, TOOrOVT(t9 XP0"J V0-2-EpOV EL03 70(TOVTOV /IkE Ka7EL-TET-q 43 0-EV CaycovE, KaEL /IEapTVpEL OV8EVCL 7TELPCLrXO/IEV03 C/C TCOW AOYwOV ýI7TE M70\37TOyEVEC(TOELL, ECý6v ELv~TgL Toi3 Epyot3 EL8tL/OV^VTE CUTO8EL~CL, KCLL E3/Iov^ EL7TCLVTClý 7TaEpEL8L8O'VTO'3 TOV3 OEpaL7TOVTEL', 0V3 4ýkT)L qTaEpEayEVE"0-Oat, 7TTEpELXCaJ3V oi' IjOXE XII KAT' EPATO$OENOTI TOY FOMEMENOY TON TPIAKONTA, ON AYTOY EIIIE AY2IAS The occasion of the present oration was the trial of Eratosthenes on a charge of murder. He, it was alleged, had been largely instrumental, as a member of the Thirty, in bringing about the death of Polemarchus, the brother of Lysias, by taking an active part in his arrest. Lysias, as nearest of kin in the male line, was morally bound, in accordance with Greek ideas and customs, to seek satisfaction for the heinous crime committed against him. Eratosthenes, also mentioned by Xenophon (Hellen. II, 3. 2), had been engaged, some eight years before, in helping on the plans of the oligarchic party which had led to the establishment of the Four Hundred in power for a short time. He had been sent to the Greek camp on the coast of Asia Minor to disseminate the doctrines of the oligarchs. Their cause, however, did not meet with much support from the Greek army, and so Eratosthenes, abandoning the ship of which he was trierarch, returned to Athens (~ 42). From that time, about 411 B.C., till near the close of the Peloponnesian war, 404 B.c., he seems to have been guilty of no important offense, else Lysias would surely have mentioned it. That period in his life 39 40 AT2IOr is passed over in silence (~ 43) by the orator. However, after the battle of Aegos Potami, 405 B.c., Eratosthenes was made one of the ephors, or central committee of five, appointed by the oligarchical political clubs, to assist in promoting the cause of the aristocracy and Sparta (~ 46). A little later, he became a member of the Thirty Tyrants 404 B.C., who instituted a veritable reign of terror in Athens, in the course of which hundreds of innocent lives were mercilessly sacrificed, and much property of great value confiscated. These monsters at first put out of the way many notorious characters that had won a bad name as informers under the democracy. Shortly after this, they found themselves in great need of money with which to carry on their new government in Athens. There were in the city many rich metics, or resident foreigners, for the most part, out of sympathy with the new state of affairs. Consequently, many of their number were marked for death on the pretext of their opposition to the new order of things (~ 6), but really in order that their property might be confiscated, and used for the support of the government. To this class of metics, made up in the main of orderly and successful business men, belonged Lysias and Polemarchus. Their history has already been recounted in the Life of Lysias. After the overthrow of the Thirty Tyrants in 403 B.c., and the reestablishment of the democracy, a general amnesty was proclaimed to all the adherents of the oligarchy, excepting, however, the Thirty, the Board of Ten, and the Eleven who had served them, unless they presented themselves for the scrutiny, or examination of their conduct, while in office, - a requirement made KAT' EPATO~ENOT2 41 of all retiring officers. It is supposed that Eratosthenes, who with Pheidon remained at Athens when the other members of the Thirty fled to Eleusis for refuge, presented himself to pass his scrutiny, and that Lysias appeared on that occasion to offer objection to his approval. The case was very likely turned over to a court of jurymen for decision, and our orator probably spoke the present oration before them. On such occasions, a specific charge had to be made by the plaintiff. This requirement is met by Lysias in the first part of the speech, which deals especially with Eratosthenes as the murderer of his brother. The second, and by far the larger part, of the oration consists of a general attack on the entire body of the Thirty Tyrants, in which their terrible work is passed in review. Lysias, no doubt, thought that by adding this general arraignment, he would strengthen the case against Eratosthenes, who was one of their infamous body. He particularly aims to blacken the character of Theramenes, the leader of the moderate party of the Thirty, as the defendant had endeavored to shield himself by claiming to have been his follower, and not a supporter of the Radicals whom Critias headed. Lysias holds that while Theramenes was not as wicked as Critias, yet he had been the cause of great misery and misfortune to the Athenians, a wretched turncoat, and an altogether unprincipled man, and that in his death he had merely got what he deserved. History, however, tells us that Theramenes opposed the killing of the metics, and as a result lost his life at the hands of Critias and the Radicals. Eratosthenes, by claiming 42 ATYIOr to have been his follower, thought that he could not justly be accused of wishing to kill the metics, the class to which Polemarchus and Lysias belonged. He was intimidated, he said, after the death of Theramenes, by the Radicals, and, to save his own life, had acted as he did. The result of the trial is not known. In all probability, Eratosthenes was not punished with death. Indeed, considering the fact that the people were utterly tired of the destruction of life that they had witnessed in recent months, it is not unreasonable to suppose that he may have been acquitted altogether. Probably, also, some, of oligarchic views, who had been in sympathy with the Thirty, were among the jurors in this case. If so, no doubt they were disposed to deal leniently with the defendant, especially as he had been one of the Moderates. This oration is the best and one of the longest that Lysias wrote. From it we get much of our information concerning the orator, and also about the infamous proceedings of the Thirty Tyrants. It was probably spoken in the latter part of 403 B.c., not long after the democracy, with its deliberative and judicial bodies, was restored. See Jebb, p. 271, and Blass, p. 539. 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XVI EN BOYAHI MANTIOEHI AOKIMAZOMENf~I AIOAOFIA This interesting oration was delivered by one Mantitheus, in his own defense, after his election to an office. Though it is nowhere expressly stated what the office was, yet it is fair to conclude from the contents of ~ 8 that it was that of senator. The incoming members of the /3ovX?, or Senate, at Athens each year were required, before taking their seats, to pass an examination before the outgoing members as to their fitness to become senators. This examination was called SoKLtao-a, and covered quite a number of points in a candidate's life and character (see ~~ 10-13). Deinarchus (2, 17) mentions, among these, private character, proper behavior towards one's parents, and the payment of taxes. Any Athenian citizen, if he so chose, could challenge a candidate, and, if successful, bar him from the position he sought. This right, however, was often abused, since, by taking advantage of it and by trumping up groundless charges, a jealous, unprincipled opponent could greatly perplex and annoy a perfectly honorable and capable man. To Mantitheus it was objected by some one unknown to us that in the time of the Thirty Tyrants he had served in their cavalry, - a fact, as we learn from 68 MANTIO EM2 zAKIMAZ0MENrII ArlOAOI'IA 6 69 another oration of Lysias (XXVI, io) and from a speech of Andocides (I, 75), that was sufficient to defeat a candidate. The cavalry arm of the Thirty Tyrants had been most active and useful to them in the terrible work of their short reign, and though ten years had now passed, all who had been in any way connected with it were regarded by the restored democracy with peculiar aversion. Indeed, it was considered a gain by the people, we are told (Xen. Hellen. III, I, 4), whenever any of them went abroad and lost their lives. Accordingly, Mantitheus found himself in a very embarrassing plight, when, after his election to the office which he sought, he was accused of having formerly belonged to that despised body of cavalry. He was compelled either to give up the place to which he had been elected, or to prove that he had not served in the cavalry of the Thirty. He undertook to do the latter, and probably succeeded in his effort, if we may judge from the speech itself, though we have no testimony regarding the outcome of the trial. The prosecution had evidently undertaken to show that the name of Mantitheus appeared on the list (o-avitov) of those in the cavalry of the Thirty. Mantitheus affirms the entire unreliability of that list, as the names of many known to have been in that service do not appear in it, while the names of others known to have had no connection whatever with the cavalry in question are found written there. He then brings forward the list made by the phylarchs, which those officers had to prepare correctly or suffer punishment, claiming that to be the true one, and affirming that his name does not appear in it. 7o ATYIOT The defense proper on the point at issue, that is, as to whether he had served in the cavalry at the time of the Thirty, ends at ~ 9. The remainder of the oration consists of an account of the speaker's past life, both private and public. The time of the speech can be ascertained only approximately from the speech itself. In ~ 15 Mantitheus speaks of events that occurred just before the battle of Coronea, which was fought in 394 B.c. Further, the contemptuous vein in which he speaks in the same section of Thrasybtilus, who died in 389 B.C., would hardly have been made, we think, if the latter had not been living at the time of the oration. It seems to have been spoken soon after Coronea, perhaps in 393 B.C., or thereabouts. Lysias, in the preparation of this speech, showed in a marked degree his ability in character drawing, OoTroLLa, and in suiting the language to the requirements and station of the one who was to use it. Mantitheus is seen to be a man of great self-confidence, very ready to talk of his record, somewhat aristocratic in his bearing, and odd in his dress and appearance (~ I8). The oration is one of the best of the author's works that have come down to us. Jebb discusses it on p. 240 and Blass on p. 515 of their works on the Attic orators. E 7 cYl7o v)j8eL, 0 f3ovX7, 7To. KaTr7yOOpOL /3ovXofiLvoOL (K 7TavT0o TpO7TOV KaK(0Ic; (fi 7 ToLEL, 7roT V/ av av roL XcPIV ELXOV TaVTr)7 T-rq7 Karr7yoplia",lyOvl1aLa yap 70To3 dSIKW; SLaf3EQ3Xr-q7eVoL TOVTOV MANTIOEM~ AOKIMAZQMEN2ll AJTIOAorIA 7' Etv L jE7L0-TTOP aya~ow!, aLLTL~ov,, OLTLVC'ý av! CLvTov 2i~caTacL0T-qvCL. 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MANTIOEM2 AOKIMAZOMEN4'I A17IOAOFIA 73 MAPTYPIA 9 HE p t (kEAV TOWVV) Tctvl7;- TT)' aLTacL 01/ 0LM 0 TL 8J T7TXELO& XE'YELV 8OKEZ Uc fLkOL, w /ovx-, cEV ~tkV TOtg a aXXOL - c''WTLEAL aLvTtv I "OVWDV OVKTq p1.LEVWOV 7TPOO-Y7KEWv L7,roXOyECTOcL, (V 8 "Tc'LL1 8 0 K (LcLT~L~ L~cLOVE~vLL TcLTOS T 1 /LOV XO'yOV 8L8OcL &EOb-aL 01)1 VbLkOJV /IfET EVV0LCL3 aLIpoa(TaOaC(~LL /-tov. 1vtOLV)uoVit ~E r-qV c-oXoy"c uvvwoptat a~ /3paXvrdrwov. 10'ycj yap TpOJnOV I-LEV ovo%&a,uot ov~ 7ToXX'^ KaTaXELfOELUY?7; 8LcL Ta\L; uvfLkbopa'3 Kat TaS Tov 7TcTpOS;Ka 7-a rrjý; wToXEc, 8VO lvaX\31 E 8COKcL, E!ITL8OV\' TrptcLKOVTcL /LLVW EKaTEpaL, ITpO'TO a58XýOv ' O'TW E~tlalkq LOJOT EKELVOP 7TXEOV O/1-OXO yELP EXELV E/Atov TOJ5V -JTcTp(0)V, KcLL 7Tpo,3Tv axXXOV3 a,7TcLVTW OVTWo /3E/3LWKa (JJTE,J-q8E7TWtW7OTE 11 /1Ot tW)7O 7TpO;1 EeVcL fO7OEP\ E'YKfcY7/c )E V EOL7LL. KELL TEL Itv i8mC ovT&) 8L[LK-qKcL - TEflL8E TO^JP KOLPEOP /J-Lo 1lLEytcTTov?fyol'oVLL TEKJLL17PLOV ElvELL TY,;3 Elllqý ITLELKEaOTL TCOI) VEWTE'P'WP 0/TOL 7TEPC KV'%OVg'~ Iq TOTOV3) Ta,3 TOtcLvTcL cLKoXao-t'a, TvyXaLVOVLyt TW, 8LELTpL/3a' 1TOLOV/-LEVOL, 'TaTcLPcL ELVTov, oO 8LL'OrOVC' ovmcL;, IKaL -JTXE~toTTa TovTOV3 W7Ept EJLLOV' XOyO7TOLO~vvTEL; KEL Z4EV30/LEPOV;. KELLToL -qX OTtEL TO15 LTJ (WTEO V/LOV1LLEV, OV'K CLv TotCLvT-iPv 7PJ/Pq EXO' 7TEpC.12 E/ýLOV^. ETLr 3 ', 8 /ovX-q, ov38J3 AV a CLL-J'ýa WTE,.. E) 8vPLLTo OVTE 8 LK'/7v aLL/xpa~v OV'TE ypcLE7V OVT-E ELL0cay7EXtcLP 7EyEV-qtJJCP'?7P KaCLTOL ETEpOV'3opELTE WTOXXEKL3 74 AT:5.IOT EV TOLovTov,3 ctywcva; KcL6EJ-T-qK'oTW. wTpo, TOtVVP TcL3 UTPULTELa Kat TOV3 KtVýPotvi3TOV' 7rp\9 O 7TOXE/ILLOV3 JTKE/Ja(YE O'C-' E/I-kVTOV 7TYfEXw )? 7T-X 13 7TpoiTOV /.EP yap, OTE T7qV a-l1kXa E7TTOL17cTacTOE mp03 BoLWTO1V3 ical. EEL' 'AXcPTOV. E8EL /3OqOELtv, VW7o\ U'PUO,3OVAOV KaLTEtXEYFLEVO3 UTITE ELP, E17TEtSO?) 7TCLPTCL3 EW&WP& TOL3 (LEP L7TWTEVovJLPv LLN/CLXEtaV ELvacLL Z PO/-k ýOPVM3, TO-S 8 OWX TCaL3 K'P8VPOV Tl/"OV(LEPOV%ý ETEpWPV avactPTWPv E7Tb TOV3 t7TTTov3 c8OKL/IcET~TWV wcxpca TOP POJLOP, E)/O Tpoo-EX6NW) Eiv7'V TW~ O'Opo/3ov"Xp E'cLXEL at' /-CE E'K T01) KcLTcXO'yOV, ~77YOV/iLEP0 cLUITXpOP EtvatL Tov 7TX?776OV3 /LE'XXOPTO'3 KLPVPVEV"ELP a'8 ELcLP Etav cVtW) 7cpcLO-KEvcac-cLPTU acuTpJTEvE(OCLLt KaL" bLoL avcL/3-7Ot, '0OpO6/3oVXE. MAPTYPIA 14 $ýVXXE7EPVTOW TOLPVP TWPO 8-qA7W0TWP 7TPo\ T-q71 E3ýO8OV, E &3 VTWY EVLOVý "CX/a -tvXl(70ýýo~ KCLL ITpO614OV;/ko, Eko8otoj 8E\ a'7TOpOvPvTcL, EL7TOV OTt XP'9 TOV3 EXOPTOS3 7CLPEXECV Ta E7 CTT? v32 T at cLTp&J' 8taCKELAl&EOL3. 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KCLL ov 7ToXXaL'; -qc/Acpcw VOTTEpOZ/ [LETa. -rcira 4i Kopt'vO~t xo'jptoj to-xvpo KaTrEtX'qh[qtE"VwP, (JMITTE TOW'; 7TOXE/-LL'OV'; /lq Sv'vao-Oat I E'CLPCL 'Ay-qo-tX 'ov S' E'; 'v BOoJTL 'L E/3atT4E';cLTWE' /3on 0170 CYL c E/3 Vp~ a acpOw (EWKTW',W 80)~VX~ 8ELPo'v yap -h'v a'ycLT7T-q;o 0XLy~ 7TpOTEpOV LIETEOOIfLEPOV; E/ ErEP OP KW38VPOZ tEVaL) 7TpOm-EXOW'V E~y(' TO') Ta$ap~oi) E'KEXEVOV cLKXqp&)T'L 77 T-LETpa V 7E1,7T~t- (OOT EC TLVC'; V"O(-)V 17 T17V 1LTpcV Ta$~ 6 TfIEL) Opyc~z'TcLLa Totq T-a [LCP T?7';ITO'XEW'; a voVL 7TpcT-, 5 0 P TE!), EK 0E 7(5 OW KtVOVPOJPv CLTTOOLpCL(KOvG-LV I OVK CLV StKcLLO'(D 7TEpL ELLOV T171) 7YO)[17P TCLvT?7v EXOLE!)' O1' yap [(01)0!) Ta ITpoo-TCLTTOLLEl) E7TOLOVP W7pOOVlL (019, J~xxa, KalL KLv6VVE",V C)E'TO/Awv Ka COPITL OVX Wig; OV 8ELPO'V lq7YOV(LEL!OI E~l)CL ACLKE3CLL[L,4OtC3' WitXEJ-OCL, cLXX5 U/CL, EL WTOTE CL3UL'KOJl; cEL1 iKLV~vvov KCLOLo--aL1LLY7P, 8ta' T(WTCL- /8EXTLIOJP 45 V[L^V OAto /IIE1/O' CLITCLPTO) TwV ~LKCLwv T-vyXCLPoL1LL. 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KaurTO XpT) Trov ILXOTLLLO)1 KcLL KocrbLLO) 7ToXLTrEVO(UVV1 K TOW TOLOV7TJVO)1) iv cXX OVK EL TV' K0J/-ta,&, TOVTO0 /LUIt0EL' TcL /JEV~a ToL/ TLcVTc EITLTY/aEvb/caTc OVTE TOV'3 t~LOTcL OVTE TO KOLVOV TT?7S ITO"XEO); /3XcLITEL, EK OETOW KLJ4VVEV"ELP EOEXO'VTO)V 7TP013 TOV'3 ITOXE/JdXJV3 a7TaLVTE3 V/JkEL3 (,K/EXEL(YOE. 19 O)(TTE ovK a40 CLT3Ios, 0) 3VX7 ZVT (/LXELL OVTE /LL(YELV OLN3EVCL aLX EK T(OW Ep7W)I OTKO7TELJ 7TOXXOL [LCU -yap fLCLKPO povtLXEY61LEVOL KcLL KOO7NO)0 cLL7wEXO1ILEVOL [LwycLO) KKoWv cuLoLT E)OvaCItLV, EE POL &E TOW) TOLOVTO)v CL1LEXOVVTE3 7roXXaKa, -cyc c0ta vkagELO'LV EtpyctO7JxVQL. 20 H71 8E TLVOJV TO - V (J O /30VX?, KCLL 8tC\ TCIVC ax~o~tEV(0V 1 tý 07 VE&O)TEpOO' V E577EXC-L/Y7t1TcL XE'-/EL V EV TO) &7blO)C. E (\O E TO0 i (E\P 7-pO)Tov -v- 7LKCWo-v V7TEp TCOiI Elk aVTOV ITpcay/JXTar1) 8-ly7/~OppuaL, E7TELTcL ýkEVTOL KCLL E/LCVTW0 00KW-- ýAOTL1LLOTEpOV OLCTEUY^vCac 0^TO? &OTO taLC JLLV TCOW 77PO70VO) EV0 V/ILOVJL 07C OV l) 7TErTcvVpcL TcL TY/S 3TXO' IT0 tTTOJ2T&; 21 atm E\ v & t Va^ opw KocL )/ (-ra\y \ a X'qO)q XP~71 X'yELP) TOy;1 TOLOVTOV3 /Jkovovi a'34OV3 TLVO3 VOfL4OTL EtvcLL, &Jt)TTE OpO)V vb-tcL TCLvTY/V T-fl) 7V0J/L17-V EXOVTW3 TL3 OVK CLV E7TtLUE LTýq 7T-paTTELV KCLL A7ELV VTEP T7)3 ITOXE) ET TL CLV TOL; ToLovrOL; caxOoto-OE; 0' yap P TE POt 7TEPL a1VTOWV KPLTCLL ELOtLV, aLX V/JLEL3 XXII KATA TflN:ITOIIMfAIN This oration was pronounced before a Heliastic court by a senator, against some grain dealers who had broken the existing law regarding the purchase and sale of grain. Attica, whose chief city was Athens, numbered, in the time of Lysias, about 500,000 people. To supply that population with grain was no light matter, as the soil of Greece was not well suited for the raising of cereals. The olive and the fig were the chief products of Attica's soil. Of small grains, barley seemed to thrive best. As a result of the meager home supply, much grain had to be imported. The chief regions whence this supply came were Sicily, Rhodes, Egypt, and especially the Tauric Chersonese (Crimea), the country bordering on the Pontus. In consequence of this demand for foreign breadstuffs, many people at Athens engaged in the grain business. It would seem from the contents of this oration that speculators in those days, as well as in our time, knew in a measure how to 'corner the market,' and to reap large profits by so doing. The metics, or resident foreigners, in greater number than any other class of people, engaged in this business, and in many cases grew rich, for those days, from its successful prosecution. The importers were called i'7ropot; the retail dealers, the o-rovrToXau, or, by way of contempt, /acTT7rXO, /ucksters. These 77 78 ATYO1T retail dealers, by combining and agreeing to pay only a certain price for grain, could greatly annoy the*importers, and by adopting this course often drive vessels with their cargoes to other ports, - a course of conduct very offensive to the Athenian people. Again, by purchasing a large quantity of grain at a time when it was cheap, and holding it till the prices rose, they could sell to the people at a great profit. In either case, the people were the sufferers. Speculation, then, as now, could not be fully controlled, but measures were taken to check it as much as possible. In order that the Athenians might not be imposed upon by the dealers in the matter of the supply and the price of grain, certain laws and regulations were made whose observance was required by all who engaged in the grain business. Owing to the possibility of large gains, dealers often took the great risk of breaking the laws regulating their business. The penalty was death. They were watched very closely. A class of unprincipled informers called Sycophants, often purposely, and on false charges, brought them to trial, hoping either to be bought off, or to get a large fee if successful in gaining the suit. This accounts for the fear expressed by the plaintiff in the opening section of the speech, that he, though actuated by an honorable motive in the case, may be regarded in the light of a sycophant. Special officers, called J-ro4V5Xa/ces, grain inspectors, were appointed each year, ten probably for the city, and five for the Peiraeus, whose duty it was to require the observance of the grain laws on the part of all merchants. One of these laws expressly forbade dealers from buying at one time more than fifty ie'&tFvot (or KATA T2N sITOnHAhN 79 fopFio(), - about seventy-five bushels of grain, - and from selling it at more than an obol (three cents) a Le'jSt/vos in advance of the purchase price. The breaking of this law regarding the quantity and price of grain furnished the occasion of this oration. The case came under the form of procedure called elo-ayyleXa (see App. III, i), that is, an immediate summons of the accused before the Senate or Assembly to answer to the charge made against him. The matter was given over to a committee of the Senate, the prytanes, or presidents, for a preliminary investigation (a'vcicpto-t). As it was found to be a proper case for trial, it was brought before a Heliastic court, presided over by the Thesmothetae, a body of six men that regularly attended to such trials. The speech delivered by the plaintiff on the occasion of the trial before us is straightforward, free from ornament, well arranged, clear and logical. The case is further strengthened by the admission on the part of the defendants of a breach of the law in question. The argument of the closing sentence of the oration is calculated to win a favorable consideration, by its appeal to the personal interest of the court. The date of the oration is uncertain. Some have sought to fix its time by ~ 14, but the practices mentioned in that section are of a general nature and do not belong to a particular time. The speech is discussed by Jebb, p. 221, and by Blass, p. 465, in their treatises on the Greek orators. 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C~fkap T I7/taT(OV &KCLýOPTE3 11 axXOV EMOV/6VfETE 7rTapc\ 't) Va1 pvOV[-LEL'V WV8 &"KYVX acq43ELVCL1! 19 Kal tLEV 8n) (o a'vpE3 &FCCL(TatC, 7T CL(ITl 1770 v(LCL OVEP O\VElvaOIt Ot' 7TE'L 70)1! TOLOl/TWZ) CV"W1!Eq OL 'TCTOL TVYXCLVOVOLV,PE (OUTEV ^ ITEVLTO1!TcL 17)VT!IVc yz'wp~171! 7TEpL CLvTojV EXETE, 17OVjLE1!OL, av IIElP Oc~vaT'ov TOVTWV KCLTCay1!TE, KOO7jktL0)TE KATA Tn2N:VTOrIr2AnN pov; EJ-ELTOcL rOV'q Xoc7TOV;13 L61 8 a' Jyov3 aý4qrc, 7wo0X X 71V cL8CEcv cav70oLg E4f74Lo7LE`V0L E0C JOOE 7TOLELtV Ir/ + 20ot rta cw/j a~OVAOWaOJVUEcLL. 3,, ' E(JEOOaL 01)70t) )/Cp JorovTaL (Lo yL; aVEKTOL. EVOV/ILELO4)E 8E\ O'Tt JK TaT-4 7-9 TEXv?)2 7rXEOTOL '7TEPL TOy (T&)/WCTO3 ECOLP 77yW0VLO-fLCVOV KCLL 0)7T) /JAEyaX ct aVT?7;-^ W4CEXOVPTCL, WOftTE /-kaLXXol) aL'povvTcL KcLo EICatJTT)v 27fltEpLv 1TCpL 727c ýfV)(7/ KLVOVVEv.EL) 27' 21 7TcL1Eo-OaL iTcap v'Ipxov a'Ko K~8aLl'0vE.KL &7\ ovi 8' a'v aLVTL/30X0)JU)V v/.LcL KaL L KETEV'ool, 8LKa LLCo ctv cavToV; EIXE1J'ocLLE, &'XX&\ 7TOXi\ /pa^XXOV TCO TE ITOXLTCOJ1 O' 8L)a\ TOqv TomZ) 7Tov-qpLCW CtITEOV2-KO1), KcL -rov; E[L7Topov3 Ej oV3 oL'rot OVVEO-T17JCL1) ocq V/ELEZ; XcLpLELO-OE KaLL 7TpOOV/LtoTEpov3 7TOL-q7JETE, LKqVv ITCapc TGVTO)v XcL/Jj3cL1)OVTE'3. Et E~ ýu, 7wY avrovs OLEO%)E 77)t0 fL2)V EýEL1), EITEL8a~ CL! Jv~OWVTCLL OTL 7(0!) KamT)X WV Ot TOLq EL TTEOVOJLl (O1LtoXoy-q7Jal E7tL/30VXEV"EL1, drw(4J27ifaJGXOE; 22 01'K 078' 0' TL 8E^ 7TXEL'&J XWEyEL 7TEPL pEv yap 7To)J aCo OLXXCOV TO) ^ L V LKO VVTO)P, 'TOV &LKCL'01)TCL, 8JZ 7TCLpC TCO)) KCLTI77opwv WTV(COCLLOa, TTqV 5ETOVT&WV '1TOV27ptcLv c7TcLV-E'3 E7T~oTTCL JOE. cAv 01)7) TOVTO)1 KaLT(4nyfL"O-27OcO, TCL TE &'KaLta ITOL1JJETE KaLL d4LOJ'TEpO1) TO!) JLTOZ) )V270CFEtT(E' El 8E IA-, rqttwrcTpov. XXIII KATA IIAFKAE2NOS OTI OTK HN IIAATAIETX This oration was spoken in answer to Pancleon, a Plataean residing in Athens, who claimed that he had been brought to trial before the wrong court by the plaintiff. Such an objection was called a rapaypaO7r, or demurrer, and had to be removed before the original suit could proceed. The plaintiff, whose name is unknown to us, believing Pancleon to be a metic, had summoned him to trial before the Archon Polemarch, who exercised jurisdiction over cases in which metics were concerned. The plaintiff shows by making inquiry of various members of the deme and tribe of Attica in which the defendant falsely claimed to be enrolled, and by citing a former case to which the latter had been a party tried before the Polemarch, that he is not a citizen, and therefore that the objection raised in the present case is utterly groundless, and that the trial should proceed as instituted. The speech consists more of a statement of facts pertinent to the case in hand than of an argument. It is also interesting as affording a glimpse of the daily habits of the people. For example, we learn that people from different places, when they came to town, had certain places of resort. Some, as the Deceleans, frequented a certain barber's shop, others, as the Plataeans, the cheese market, and still others, some other place about the 86 KATAn[AFKAEaNNO2 87 agora or market place, which wvas the center of public lif e in a Greek city. The oration contains nothing that determines its date. It is thoug-ht to have been spoken before 387 B. C. ]aHOXXa,* /)LEZ) XEYELV, 0) avopE; aL1~ac-TacL', ITEpC ToyTom ov Tpd/.k~o4 ov- a 8vaL,-qVOVTE (ILOL EOE 0L W3 T71V X 80KZ E`V J 38 0 L'-q E XAaOP TOVTWLU~ 171 cyKXE`&JVL OV'K OI'vTL llaraCLc, TOVTO V/JkLV ITEtpcL2 f237\ yap 8K& /ILE 7TOVV XPOVO OVK raEO E6WV EM TO yvaýELOV, EV W lqpya'C1{-TO, 7Tpo0TEKCLXEcLj-q VTOI) 7TPOý TOV wTOXE`/-tap~ov, v0Jl-u&Wo kE`T nLCKO01 ElvaL. EL7TOPTO3 8 TOVTOV OTC UJXar-aLEV\ (L3'), 7)pO1I-qV 0WOOEV 8) tv/OTEV0LCTO, J7capcLLPC(cVTO3 TLTVO' T-ofi I7cI4ovTwv 7TpocTKcLXE'a-cLO-8L Kca t 7p 6, Tnjv 4X'qv, v/cTTLVO' ELvatL 0TKq7?TOLTO. E37,rtEL&7 &E a'7TEKpiVELToOT A~EKEXELO'OEV, 7TO-aE( a/tEP, VTOV %, lp TO'~ J2Tr7TO6WPT'8& &K Lýovia(S, 3XOk'n 3 EMT TO KOVPELOV TO 7Tapa To3 cEp/,asý, tvcL OL ~EKEXJL3 7TPO(TzrC/JoLTjO-LV, 7/POJT&JV, 0V1 TE EýEVPC`(TKOL/IL L\EKEXC&JtV E7Trvt'aV0f'/P~q EL TL1NX 7L)/VOD0-KOCEV ZAEKG-- XECOOEV &7V0.kTEVOIJXEVOV HayKXEO)cLjv. 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XXIV HPOS THN EISAFFEAIAN IIEPI TOT MH AIAOSOAI TMI AATNATf~I APFTPION This oration was written by Lysias for the use of a cripple in reply to an enemy who objected to his receiving public aid from the state. There was nothing in ancient Athens resembling our modern organizations for charitable work, yet provision was sometimes made for the assistance of people unable to support themselves. This seems at first to have been limited to old worn-out soldiers, who, through accident or loss of health in the service of their country, had been incapacitated for work. Later it appears to have been extended to others also who could not gain a livelihood by their own efforts. The defendant in the case before us does not seem to have been a soldier, else he would surely have mentioned the fact in the course of his speech. The applicant for public aid was required to appear before the 8ovX'), or Senate, to pass an examination on his physical condition, and to assure that body that he deserved such assistance. If the Senate satisfied themselves, after an examination, that he merited public help, they granted it to him. This support was at first an obol (three cents) a day (~~ 13, 26); later, as we learn from Aristotle, two obols (six cents) a day, and was extended to those whose prop92 "rIEP TOT AATNATOT 93 erty was less than three minae (about $54), throughout a year. If the applicant wished further aid, he was rec quired to present himself again before the Senate for examination, and so on each year, as long as he wished public assistance. It seems that the defendant in this trial had been granted aid in former years (~ 8), but that now when he again appeared before the Senate to ask for help for another year, some one not mentioned by name objected to his fitness to receive it. It appears from the speech that there was some ground for the objection raised, and that the law was not rigidly followed in this case, since the defendant had a trade, was able to walk by the aid of sticks, and ride bareback without stirrups. Again, the fact that the applicant treats the objection so flippantly, if not impudently, does not seem to accord well with the manner and tone one would expect from a cripple who is in distress about his means of support. This oration contains much wit and humor. There is but little pathos in it (~~ 8, 26, 27), such as one would naturally expect to find in a case of this kind. The defendant treats the matter as a mere farce, now and then assuming a somewhat serious, but oftener a ludicrous tone. His very attempts at seriousness are almost funny, while many of his arguments are purposely absurd (~ 23). Indeed, some think that on this very account the oration is not genuine, because, in their judgment, the /3ovXrI would not have listened to such a speech, and that Lysias would not have spent his time in composing it. These are points, however, that it is quitQ impossible for us to settle. 94 AT2,10T Though the genuineness of the oration was doubted by ancient critics, as it has been by many modern scholars, yet at present it is quite generally admitted among the genuine productions of Lysias. From ~ 25 we see that it must have been written after the overthrow of the Thirty Tyrants, but its exact date cannot be determined. Like many other orations of Lysias, it shows clearly the author's skill in drawingr character, and in adapting both treatment and language to the needs and station of the speaker. In it we also learn something of the popular resorts in Athens, and that the miost of them were near or in the agora or market place. 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ITOXEJ aL Xoyov ctv~o~v, PYTE apX-q7v Lap$ OV8EJLUctV EVO0VVW 3 V V7E'w Pv avT379q~, aLXXcL 7TEPC 27 Oaoxov^ uo'vov IrtoOv/j~tL Tov3 AOYOV13. KELL ovToj3 v/JIE^& tLEPv Ta\8 &/KcLacL VCt)0TEc0E '7TcwrcE', E(7) &E TO1P T7fl)V VIILL i TVXOjJP Jý& r-qv Xap OV703 8E 701) XOLITO1J [Lka.O?) cE-rcL /Ul? TOv' aoLY EVEOT7E'PO L E'7Tt/3OVXEV"EL1 dxa2a% 'TcoW o/ptotWZ/ cVT9) -n-EpLyLyVEcTOaL. XXVIII KATA EPFOKAEOTE EIIIAOFOS This speech was pronounced before the Senate against one Ergocles for extortion. In 390 B.C. the Athenians, becoming uneasy over the naval successes of Sparta in the Aegean sea, determined, if possible, to check her further ascendency in that region. Accordingly, they fitted out a squadron of forty triremes, and sent it with Thrasybulus, as chief commander, to strengthen their hold on the Asiatic coast and the islands of the Aegean. The fleet first went to the Hellespont. There Thrasybulus remained for some time, collecting money from the Greek cities in Thrace, and reconciling hostile princes to one another and to Athens. The Athenians becoming impatient, and growing suspicious of the officers of the fleet, ordered them to come back to Athens at once and render an account of the money that they had collected in Thrace. Thrasybulus, urged by Ergocles to disregard the order, did so, for the time being, at least. He at once proceeded to take Byzantium and sold to the inhabitants of that city the right to collect toll of grain vessels passing in and out of her harbor. In 389 B.c. he went with his fleet to the island of Lesbos, where he gained several important victories over the Spartans. He then cruised along the Asiatic coast and collected money from various states, till he reached the mouth of the 102 KATA EPFOKAEOTZ EIIAOr102 103 river Eurymedon. About seven or eight miles up this stream was a town by the name of Aspendus. Thither he went with his troops to demand money from the inhabitants. It appears that while there his soldiers by their lawlessness gave great offense to the residents of the town, who consequently made a raid upon their camp at night. In the melee that followed, Thrasybulus was killed. The Athenians, on hearing this news, elected as the successor of Thrasybulus, Agyrrius, and sent him to bring the ships home. It was reported that the vessels were worn out, that the money collected from the various places visited had been embezzled, and that the officers had proved dishonest and untrustworthy. Consequently they were summoned home to trial at the hands of an angry people. Thrasybulus was killed, as already stated, in Asia Minor. The speaker in this oration considers his death fortunate, in that, having served his country so well in former days, he was thus saved from the ignominious end that no doubt would have followed his impeachment and trial. The other officers were immediately called to account. They were tried by a committee especially appointed by the Senate, called public prosecutors (ovvwyopot). Ergocles was one of these dishonest officers brought to trial. Several speeches had already been made against him by various members of the committee dealing with the evidence of guilt. The speech before us was the last one spoken in his case by the prosecution. Hence the word wr Xoyo; (peroration) in the title. It is a forcible recapitulation of the facts as discussed by the other orators. The speaker mentions the disappointed 104 ATYIOT hopes of the Athenians at the beginning of the expedition, the bad advice that Ergocles gave Thrasybulus, the embezzlement of the money collected on their cruise, and the disgrace to the state if an acquittal is granted. After thus arousing the feelings of his listeners by the rehearsal of these provoking facts, he makes an earnest, passionate appeal for the conviction and punishment of the accused. Ergocles, as we learn from the speech against Philocrates (~ 2), was convicted. His property was confiscated, while he himself was condemned to die. Whether or not he succeeded in getting his sentence changed it is impossible to state definitely. It is thought by some that he did, as Demosthenes in one of his orations (Fals. Leg. 398) mentions an Ergocles who had been heavily fined. The oration, though short, is characterized by much vigor and compactness. Its date in all probability is 389 B.C. See Jebb, p. 215. T& /ljE KaTr7yopriffLva OVTW' EO-TL ToXXa Kat SeacL, w) aV pcE 'AOvCato, wdOTE OVK cv /-LOt 8oKEZ v'acrwaO 'EpyoKXj viEp eVo& EKcoOTov TwV TETrpayctyiJLv rLVT& 7roXXaK, aTToOavcoV 8OVVLL S&KrIV a TO)av V 1LLTEp&) 1TX'6OEL. 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EywJ /1(1 ovv Tav6i 14LLV tvTapaKEXEv~o/iat v/~ta 3 P)E&CLOt L IEVE/JOt 7TELOITU)TE, (V 77TEpt CVTO)V )3OVXEVcT-EO6OE, ELI &E tk-q', XELPOO- TOL CL'XXOLq' 7TOXLTCrLL; XpJ)OE06E. E-T t w av~pc;3 'AOY~vaitot, "v 'vw CL~hmy)7RLcfl7qOE, ov& a W/~l ELtuolTcL Xap Lv, CLXXC ToL3 dv-qXwo/ICVOL3 KCLLtL 17ILt ot vqipqvTat W)(TT TIV /EV XOPa vclV VLLU av'ToL; KCTCXELI/JETE, T17' E 17((Ocpa3 EICELlOL3 EC(OZ-'PTCt XaPLV- KCL/- (E V 817 co dV~pE3 'AO17vcdOt, KCLL oL ~AXLKapvau-Orc.?s KCLL ot' KATA EPrOKAEOTY, EflIAoro0. 109 ClXXOL OZ V7TO, TOVT(O -q3K7plE'VOL, Cv IXbEP 7TCapC TVTCOV Tl7V /JUE)/LOTflqV &LK-IV XaL/)7-TE, VOJXLOVJOLV 'T\ TCCTcLL AEcv T77oVT vtJ7T,1YhOVL KL V/JxtcO Oq O~t~yVWJ~Ol XEL yOV I a3L8 I7-pOuL wKcT KEta WV TE7OV"TWVS cLIcLVTW E, vqy-gUCLJTat Kat.L TOL' TE (/CXOL; 70L; VETE~pOL;3 a'7TO8Ov~vaL Xapt) KcaL IwcIpo 7co) a 7t&KOV'VTOVl TT)V OLIYV XAcpEV. XXIX KATA DIAOKPATOTE E1IlAOFOE The oration Against Philocrates forms a sequel to that Against Ergocles. Ergocles had been condemned to death and his property confiscated. Thirty talents, however, that he had got by unfair means, could not be found. The question naturally arose as to where that money was. A man by the name of Philocrates, it was known, had sailed with Ergocles, in the capacity of purser. Hence it was concluded that he must know something about the missing talents. Accordingly, he was brought to trial. The following speech, like that Against Ergocles, was the last of several addresses by the public prosecutors (ovv4jyopot), and hence is characterized by the word Ewhoyo(o (peroration), in the title. The other prosecutors had discussed the evidence in the case, while the present speaker devoted himself to a recapitulation of what had already been said, and made an urgent plea for conviction It is brief, compact, and vigorous in style. Its date is probably 389 B.C. See Jebb, p. 235. O' fLCV Ctya ovTO', (a a.VSPpE LKC&KacOTctI, EpLOTEpo03 yEyEvrlTraL - Eyo) Trrpor-EoKWV. rroXXOL yap?o'aav oL aL7TELXOVVTEC Kal. Ol (ao'KovrTE (LXOKpdTOV' KaOTryopr(TELV WV OV EL VUVL CLVETCr. O KClJOL IIO KATA 44IAOKPATOTY. EnlAoroy LI I I I 8OICELc OV58EVO'( E'XcTTov E'LVcL TEK1IqLL7pov T-q7 al~OypL 1r~ oT a'X)7)3ov(c TvyXcLPEL El yap,-t~+ WroXXcL T(o v 'El~OKEV' ECX Xp7 CLTmýO)P, CU) ellI T I- 3 OVTO)'3 oLo3 T LvaaXa ToV\ KaT-7yopOVN. E70) 2 6 cvpE; SKaAToLL WcLfVT2S3 v/Jac flyov/LcL EL3 8EovatL OTL EpyOKX/oV3 8ta\ Tov^To Vc/LtE Oa'vcLTOV KaXTEXELPOTOV1cr7c~E, OTC KcLKW3 ScL6ECL Ta T7)3 lToXE&)3 7TXECOP -q) TPLCLKOPTC TCLXCVTWZ) OV(YLCLV EK17Clo-To. KCLL TOVToJP T~oW XPr/PjaT(I)v OvSEP E T-I 7TXL (/CLVETCLL. KELLTOL 7TOL XP17 Tp aEo7TCOhX +7 1T^7 ý7T170TL Ta' X (JkLTE; EL yap 7TapaToL,3 KTlSE(TTaLLý KELL OL13 EKELPO(; OLKEtoTELT aOPW(OV EXp-q7TO- 1W a vbLO-EatE, yELXE 77TCO 1 3 7rapa\ To; EXtIO3 EV'pE)OI7ETc. TLPEL & 'EpyoiX-^3 7TEpC 7T-XEL'OPO LJLOKpELTov3 E7TOLELTO, q) 7TpO(; WI CtOP6Wp7T(OV SLE"KELTO OLKELOTEpOP; 01) TOW UV1 V/IETEp0)!) ToX-qT-qPv LV'TOP E$)7yCayE, TOW0 S5 avToii Xp-qlWtTWP~ TafLa/LE E7TOL77(TE, ICCL TO TEXEVTaCLol) TPt47PCaPXOP 4 a VT7OPV KELTCETT)7EE; KELLTOL 8ELVIOP El OL' /JkEl Ta\1 3,T OV(Y-LEL EXOVTE3 0AO4VpOvvTEL TpLt)pa2pXOVPTE3,OVTO3 E OSEP 7Tp0TEpoV) KEKTTWI-EPO3 C! EKELP(1) T(1 XP0V&9 E8OEXOPTY7\7 V'7TE'TT)) TELV7TJV TT)V X-l~pycP O1KOVP 8-q Ox &J' LOJ617o-qTO/J1EPVo avLVIO TPU9PLYpaXoV KELTE0TT?7(TEV, atX W' ftCO)-JEO (L /VXcL4OVTEL TCL EVTOV "',"'ELTal OVK EwVW 0701 Vpn LLLXOPTa) 5 TO) '7TLCTTEvo-aL* 'qy7ovfaCL S6', 0) aELPpE3 SLKaL4Tat'L, IDLXOKpcLTEL SV'o ElvELL KcLL bLoPEL3 a7r-oXoyLcL; - rpoo--q KELP y ap CLvT(o CLWoSELCLL t -q E'TE'pot) EX(0VTCI TEL 'Epyo KX.O V 1 XPTWELTEL,) 7) AL K(0)' cL7Toxoj0)XTC EKEL 112 N.O! 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IKat ya~p 8-q &ELvol"W EU) PAE3 EL TOL' "EL' "v vvz~a"ut~ Ta (To/~TE StKao-Tat, ElT'3uE' m VLST' EE cN 8 \ \ /, wi; aL8LKOVPVT~fl- 8Y(EV0LtTE, TOV' E Ta VfLCTEpa cLvTojP fLT)a I TLIUO)OL(TYE, aXXa TOW TE pqu co a2TofTEpOL(oUE KcLL ToVTOlJ3 XaXE7wTDE"P01) EX0poVs 10 EXOCTE. EWo yap at' ra VLLCTEpa EXOVTE( 0T(/)L(tLv avTOIS3 ýVVELOWOCV I OVOCITOTE VjLLLZ 77Tavo.0ZTat KaKOPOOVVTE3) VO/JcagT771;'0VTE' T; T \ 97 ITXEOJ; 8VcT7-VX"a /-tvaqa~rX~a-q\ELVaL. r~ow ivpo av-rov; wpay/JiaToJv. ",L yova; aoaiA aVSP38~ - 13. /-Jyitat 8, Ct) CLIp jCTt,0)/OVOV TrEpC Xp-q7PuaT0)v a rpoatKa a' 7T-EpL TOl) 0-oj/-aTo; KLVVVEV"ELV. Kal ycap 8-q\ &VO~V a'E?,EL 01. /ILEl Ta TWV 0)W aTO vfEaTL KXETTrTaL,3 1YVVELaOTE3 roL; aVl-oL;3 EVE"XOLVTO,0170'TO; SE\T \T-^37ToXE J3'E'YOKXE'L ICEUJ XE'7TTOVTt Kat EV7T TOV3 V"JETEpOL 8(dn80K0V^VTL AqT1;a73 TtLiop ta,; TvyXCLVOL, cXa aXa aXct/1 T77V V7T EKELP01) KaTaXEL(ýOEL(tcaV 'oLa 0Ta'V CTL Ty^) 1 a vTO1J 7JTov 12LO p8a' a -tVp E'LTLV o'py7^7, o^' av~pEi; &Kao-TacL. OVTOL yap, 07rE -EqoX~ E pLVE, E' T90 Y)/k 7IrEpLLOVTE3 E'XEYOl' 0)'; TEVTaKOGCotO 1(LJ' avToL(; EL-7?TaV EK T70V (itpa)~ EEKa07.lC-'0L E~aoTo 0 E Ka u XLLOL EK TO^y I^xo cacTTEO)3 1aXV E 7TpoOY-E7TOLOVVTO 7,tLO-TEVELV TOV; XP77b-taor-tv -7 JEaLa Ta avrTOJ a/Jtap1377 pt faTa. EKEL I-LEV' OVV E7TEOELCLTE aVTOL(;, Eat' 8E EV Wfpv)E, Kat t'VVC T VT 0fa'Eo arcrt aV WOTOL; I Cl* I V, C\ ITOLUqWETE, OTL OVK EL-TT Too-avTa Xp-r,71ar7a a V1Lua3, WAIT'S LYSIAS - 8 114 AT:IOT fA ov3 cw XAuý3aflr7TE cLOLKOv~vTcIS, ct7TOTp ElJEL Ttpk)pELcTOat, Kcl /t- 'OE"lcav cVTOt3 a&LcL1 8) &OcETE TLL 1L4 VLLCTEpcL LvrTl)V 8apwc'ýOVJL KaCL KXE27TTOVJLP. Eyw IIVOVl- TavTcL v/lL'vauv 7T~~L1Ciavrc' -yap E7ThL o-raO OE O' LEpyoKX-q^ XPW-aTcOVI~IEVO,' ctXX oi' 7i-p0\ i5/-kal /LXOTL7Gf-O/I'jEV0 EýE7TXEVJ-E, KcLL 0VL v28 cZgaXXo'3 VIIETEp avcLVTW KO/ILELcT8E. XXXI KATA (IAMINOZ AOKIMAJIA% This oration was spoken against Philon on his ap, pearance before the Senate to pass his 8otciao-'a for entrance as a member of that body. The speaker, a member of the outgoing Senate, considered him utterly unfit to become a senator because of his past record. This is reviewed quite thoroughly in the oration. Nothing is known of the accused save what the speech itself discloses. From that, Philon appears as a lawless, unprincipled character, disloyal to his country, and heartless in his relations to others. It may be considered a companion piece to the oration For Mantitheus (XVI), with the difference, however, that the latter was spoken in defense of, instead of against, a senatorial candidate. The speech possesses the compactness and vigor characteristic of so many of the orations of Lysias, and shows his great skill in suiting the language to the speaker. Its date cannot be precisely fixed. From its contents, it seems to belong somewhere between the years 404 and 395 B.C. Blass puts the date at 398 B.C. See Jebb, p. 243. "ihDfLjV IL~E', 5) /3ovX7,, OVK dv 7TOTr Eot TOVTO 7rooXU LXco va df LKcEOaa, crO-TE ECOEX'ra cEt v as a'e0Ev "I5 116 ATZIO~ 80KcL/o1Y)(Ol1-CV0V CWCL&8T' UC CVXEV TL (IL0VOV Xxx"I 7TOXXa' T-OX/~t17p0' CO(TTLV, CYwO EC 0/1L0tCLo L 001) EL5 To' /OUVXVT17'pLov Ta' /ECXTUto--L ROV1XEV'TCrV 2 TJ ~OAC, VCOTL TE C T(t) 0pKo) EL7TJEVCLV Et TL3 TLVCL OtME TW^tV XCLxo'v-cV aLVEWLT-q'&LO V OvTCL 83ovXCVECV, E3Y&) 71)1) KELTE T0VTOVL (I)LXWovo3 LT) (ITO-k CLL KcLT-qyOptcLv, oV~ /JX1)TOL YEc Lta C/OEL V 0CLacv /(kCTELITOpCVOLVO OVC E WI ~V c~t KL I iL CLJVacL XE"YCLV C'V V/L-kLV EC7TEapOCEL6, cLXXcL 79)j ATX7)6L T-cil) aLJEpT77/LEL7a-oJV avTro1 7TLOFTEVWV KaL L L1 OP'KOL3 0L 3 wiloo(aTClICVjLLCVPl aLtWv. )/VW(TO-EO' bLC\V 01)) O"TL OVIC caro~ L0r)137; TaLpaIOKCVY)'3 EYCO TE TOVTOV EXE)/w O) L0 CGTTL KELL ovTOs' CtCaXELPY/(C 7TOP)77p0 EtVELL. 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EL KELL TOVTOV VITEP/110'?7TELTE, OE-TT1 ETOA//7TV Otlý ETEP0L MOLOvEL 7TELp EELVTj) V Tt 7TpoVpovvTo aLE -q rotvOLKTLpELVTEq V' 3 TOVTOW~ aLkL PE1^TOat TEL '7TEELa PXoVTEL. KdXEL /101 TOV' /1a'pTvpa3~. MAPTYPEY4 20 OV TOLVVV EYWA)E o18a 0' TLt v/1l' a^,; 8 EpOVT&O) &L KATA 4IA&NOI AOKIMAZIAý 2 121 )/L7VCOOT1CEL) 77Ept aVTrOV Iq OL OCKELOL 7L7P&)(TKOV(7L' ToLCLvTC yap EO.L, O(0'T Et KCL t 7 Ev- CLVTo. atX\0 17/JXapT-q70T, 8LcL to'va Tcav^ca 8 CKaLOl) Eti/at cL7TOOOKLtkaorTOy7v a L. OCVL /JUEV GVV ýOWoTELI [k,L1T?7p CLVTOV KcLT17y/ pct 6 17T ý ' Vi 8 TEXEVTO(C TPf &7C~pGL$Ia7O TEK(Latpo1LtuiotLc p'aL cO'v E50TTLV V/&LLJW 21 yvoivat 6oZ6;3 Ttg -qv iTEpt ELVT-7V. 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MAPTYPIA 24 Ti EW OW)v /3VX17OE'V/TE9 V'/LCL9t TOV^TOV &KL/ac~faLTE; ITOTE pov C03 ovX( -q/-LCLPT1KOTELa C aXC T-a 1LLC7Lo-T ITEP t T-q1V 7TELTpL~ 1 7)LK17KEi/ EIX a 0 EoTa~ 3Xi Tot)'Ep-FoL IrpoT~pO/ /3EXTLc'(W 7EPO/LkEV03 ITEpt T17i/ 122 122 ATY.1OT wow VO-TEpO) /80VXEVEL1) '6~0VT70), LIVEPOV T aycd)\w 0J(T-7TEP TOTE KCLKO1) rot0L17JC. ucoT oE 07 (fp1E(Tp01) yaCp EOTLL) VO-TEpO 017TaGTL T&(01) co TagXat av7o&LSO1)CL SELVo1) yap E'/LLotyE 8OKEZ ElvaCL, E1It E (01) /I E V -q- 1751 17/XLT77KE /jL1SE'7T0TE T LL/JColo -qO17-ETa c, E3ý 25 (0)&v SLE'[XXEL EV' ITOL1(TELV 71 TETL/J17(irETacL. 'X X' Ll'c f3a EXTi`0V3 (0OJ(L1) OL 7TOXLTLLL 6poWrE, awvraV(S Oot03Ttl/ol(0/E1)vou aN TO^T bOKLcLJoTE"03E(T" a'XXcL KAVSV1)0' KaLL TOV\1 yp170-TOV;, Eat' cLo-61L)0avWTcL 0/10U(03 TOV13 7T01)17p0V3 TLjIJ1ALE1VOV, 7Tavo-EoTOat T(0l) XP77hTTW0V E7TTLT1EV/J(7T(01), TOJV aVTO-fl I7YOVbLEUOV43 EtvatL TOV -0TE KCLKOV;3 TyJLLCL! 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AOKIMAYIAY 12 123 28 ILvCL ITWO ITOXLICOJ1 TOcrcLVITnv liaOJc~Ttc; ov yap~ &v I1 TOV, EL 1CLEP TCL3 X7TOC -v T)1 IC4v ji- aV~3l 773~ rO/XE(03 El) KLI)8VV&J) ovo-q17 ELXX ETEpOUV( EL' TOVTO Ka.OLo-Tac'cfl'), EITE% l0/LO3 (03 /LEyaXa cL8LKOVVIO3, Et 8E -L3 aVTpI) TXC( El KV8v&) OlNT?7(;XIO I7)7TOXL -LIql) 1V 0 w c W-c~c6q. o-bo'8poa y' CLV, E C TL30'0 T I~l/c 10)1/ 7rOCT0 ATW- aLjxapI7)C-EoTCLL IL 29 TOLOVTOV VTOTE. 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E7T EVOVj(L77877TE 7ot~oL0V Cv V/JJV 8OKEZ OVTIO' OctKft)V (jpOVILTCLL, og Epycp I-ov' 7Ta-pLwv; OCOIN( 72TpOVY&KEV;7 riTo;3 tv XP7JOqTv IL 80VUXEv~o-at ITEpL Iqq7'ITOXLIELCIS3, 03o; OV E'XE WE(TCLLa 17--q/ITaL-LotCa Ep30vA77(77; 7 ITomc aw c7-i0opp27IcL 177 p77(aL, 013 OiV8E Id. 7rTpOEtp)DLElCL IqO7OL 7)LwtYE; 77&O'; 8' ctIKO'3 E'YIL IOVT7OV, 0(; OVOE TEXEVTaO3 E27'tL IOV'1 KLV8V"VOV' -7X6E, 7TpOITEpOl ICOV KaLTEpyaoTCL/IEVW2) KCLL a7VTWV KLV3Vl)EVa-aT&LI)V IrL/l7-q 6f~vCLL; 0-E7(EXtov 8' aEv l) L, El 0V10*- pLEv ctavrcVTa 124 ATY.10T Tov9; 2TOXLTm iTmpt ov8Evo' 77yr70-ETo, V/IL3t &E TOVTOP Eva ovTEL [li)- a7~T080KLtlorCLtTE. 32 0 i 8 TLVEL oL VVP bLEP TOVT(O 7Ta~paLTKEvacLov7-at /30i7OEV KcLL8 &L4E -0aL V[LWPo), E,7T E t -q E/LUE' OV5K 77~l 8 VLVavT o 7TELO(tCL TOTE OEj O'TE OL' KLVOVVOL 1LE"V V[,ULU KCLL Ot 1LLEYLO-TOt CaywVE'3 i7(TCL, TaEL a CLXLVT-q7- 7T IO LTEa EKELTO, KcLL E~E 1 LV1 Tp T1)30VXE VELZ ELXXEL ICEE IrVp ýUOXVOVpU 77Ep,V 'A 'XEVEP' C 'OWL'E(TYCLL TO'TE 01)/ EOEOVTo ELVTO1) p i)t(pfc KELL VbLLL KELL KOLVI)Ti ITOXEL, KEL (L7lTp0~0V L J7T-q Tv 7TcLTpL"8a 1-k)T T27 n /3o)XV vVVI aL~t0 T1)XELV 01) 1LETov CLVT(0, 33 CLXXWUV YE KCLTEPyaCL u~oCJEvW. [-LOVO' 7h( 30) xq 3taLCCLOJ; 0 V CW aycLvaKT0U?7 (Li)q TVXOJV 01) yap v[ljEt3 Vvv CLVTOv ELTt/IELEa E caX EvTog avLVT TOTE avtu j tPqTEOT0E 01)/C LW-E (Y1T7Ep VVP 7T"OOV/ Off'l,cXiq()pw-O/IEVO'3 jqXOE, KaLL TOTE &ELauaxoV"UEV03 TTEDL aVT71 1 KELTCL(TTT)PEt /-LEO 5ve LLW^ov. 34 IEvaL [kOt VOIkLý&) EtpI7EYOCLL, Ka' LTO 7TOXXCL7 10 3, vIaEpELXtro LIT ~ a Oi).IT(TEVO v/LEL( ICEL (XVEL TOVTCOVl ELvTov(ý TEL (Tv[L9EpOVTE T7^ 7T OAEL YVWJ'0E0UEL. 01) yap a'XOL'gTOlvvj ^ý E~ 7EtTO e'o ELVLOJ /3OVXEV"ELV TEK/vIqpLOL' XPi)o6at -q v)lttP ELvTo I, olToi TLVE13 OVTE3 ELvrtO 7TEPC Ti))) 2TOXLJ E30KL[LELCT(T7)TE. EOT pTEL TOVTO1) E7TLT-qEv"ELTEL tv 7TEL"3ELtEU /-t TL ap tKCLLVCLqkOpa~a aX0"~a XXXII KATA AIOPEITONO1 This oration was pronounced against one Diogeiton, who, as guardian of his brother's three children, was accused of dishonesty in the administration of their estate. The suit comes under the head of Sica' wrtrpoTtKat, or actions brought by wards against guardians who had proved false to their trusts. Most of the Attic orators wrote speeches of this kind, but those by Demosthenes against his own guardians are best known to us. The present oration does not appear in the manuscripts of Lysias, but is quoted by Dionysius of Halicarnassus to illustrate the forensic style of our orator. It is not complete, but stops in the midst of a computation. Blass thinks we have about three fourths of it. Lysias is known to have written other speeches against faithless guardians, but they have not come down to us. Such suits were tried before a Heliastic court presided over by the King Archon. They had to be brought within five years after the ward became of age. The eldest son was legally the prosecutor, who doubtless made a short preliminary statement of the case The further conduct of the trial was given over to a orvvrryopos', his brother-in-law, in this instance, who spoke "the present oration. 125 126 ATIOT Diogeiton had a daughter whom his brother Diodotus married. By reason of this marriage, Diogeiton stood in the relation of father-in-law to his own brother, and those of uncle and grandfather to his brother's children. The peculiar family connections may be seen from the following table: Father married Mother Diodotus First Wife m. Diogeiton m. Second Wife who m. Daughter m. Second Hegemon Children S4 ~12 ~ 17 SChildren Elder Son Son Daughter m. Speaker ~ 3 Plaintiff crvvryopo;, ~ 2 Diodotus went on a military expedition to Asia Minor, and died at Ephesus. He left a will appointing his brother, who, as we have already seen, was also his father-in-law, guardian over his children, two sons and a daughter. It was the husband of this daughter of Diodotus who spoke this oration. The oration well shows the qOorrotta of Lysias, for example, in the portrayal of the hard-heartedness of Diogeiton towards his wards, and of the pathos and dignity of the aggrieved mother and the defrauded children. She, contrary to the custom of Greek women, is made to speak in a meeting of men, and to denounce her own father. Diodotus went on the military expedition, already KATA AiorEITON0Z 12 127 mentioned, in 410-409 B.C. Diogeiton had managed the estate for eight years. The elder son then became of age, and brought the suit. That would fix the time of this speech at about 401 B. C. 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KLO' E"KaCT7ov /1EV oiv,) w aAvpEc; &Kaorvýa4" 7oXv\ 'v " 'YO EC- 7pO v/- a XYL'EOOm E37LO-q O'\ -t/ClV 7TapV a, ITpo iraPcE/o Ta ypcypaTa, /1CLTvpaO E(twv IqpjTcov 'Apto-T6&Ko! 701) a'&XJO\Y T-ON' 'AXýýL~og (CVi70T43 yap ETvyXCLVE TETEXEVTI)K&J") EC 0 XOyo3 CLVT(-W CLIq 0' T-qs7S oT-PLIPPXta3 S 0 ~E EcfJLLLKEV CU!CLL, KUL EXOO!TE3 KATA AIOIFELTONO:2 '35 oLCcL8E l)'*7PO[LEP %ALO7EL"TOP~L rcrapag KaL ELKOOTL I3EKE LV/O T-VI /-k3EX'LE'VOV EV3 T-7V /p-pptv 27 oiro3 8E EgTE&LýE 3VO'LP' gEOv.cTcL;3 7TEVT-KOvTaL [lvai caV)7X&JKEi/czL, &t)GcTTC TOVTOL'3 XEXOyL'cT~cL OYJOV 7TEp o'Xov Tro c a~ax(%Lc LV5T~t9 YEEV-qrTcLL. KatTot TL avrov OLEOT6E 1TE1ToL~qKct'cLL 7T-fiL wv ov'8ELt, LVT^ -"O8 aixX avTro3 [LOVO3 8LEXE.'LLEVI o'- TP E7PaXO- K7 0 V3 X/ aXEWOV -qV I7TEPL 'TOVTI)V 7TViE'I I V orOat, E'TOAX/J)7cE OEOaJV- TE7TTEpOct KtELO [LVaL'TV WTo1J G)cpLO'7/LwocLL Kai [/Am alacL/37TE -OV'TCOV [LEapTVJX'. MAPTYPEY4 28 T7w(XCV fivlkapTvpWjv CLK-7KoETE, &t) CLV~pEC &KELorTCL -7(t) 00-CL TEXEVT(L)V WOJ[LOXO'y-7(TEV EXELV CaVTO3 p' tm E7TTa TELXCLVTC KELL TETTCLpCKOVTCL (L~c~, ( TOVOW EVT~9XO )/OV^/2kLEL 7T oEToroOV ( OAVa3,cX cLOE ELVV 70mTO 7W!' VEPXTW /v-L X (o-KWKEL6V T 0 0-OV 0VE IT3TT 5lE\JOXL EL' YTLLL 0- W X0/(T )V V3 7T&)77 &LywyV z-q',oX OEpdrItLVELV XLXLa,3 8pELX(J\E EcKaL0-TOV EVtLVTov, 29[-LLKpCO EvXcTTov 7` TpC-L3 p' ja T7r13 7)/tlpcl3. EV OKTWO ETE0-LV ELVTcLL )/L7PcWTc OKTELKtO-XtXtacL opcx'e ra"XamVTa 77EPLOYTaT^ 7W?) \ EIT a CX'LT KELL ELKOCTL (J~vEL TW?) 7ETTapaCKOV7CL [Li/vo. 01) yap[ EL! 8vvELLTo a7TO8LELt 01)0' '7T\ X?C7STV TXW0XEKr\&3 OVTE ýlq[LLEL? ElXlq74k\O OV'TE XP~7-qoELLt EL7To8E8WKWo.' NOTES I ON THE SACRED OLIVE 'ApfowayLTrLK0S (sc. XAyo3): adj. before the Areopfagus. &iroXoyla: in appos. with X0yo, understood. S1-3. The danger to everybody from hired informers. I. rrp6,rpov p.4v...fv6oLLtov... vvvl SE: cf. the oration 29 Against Philon for a similar beginning. povXi: i.e. of the Areopagus; addressed in the same manner as the Senate. See Introduction to the speech, and App. III, 8. MYOvrL: conditional. H. 969, d; G. 1563, 5.- SKcS: lawsuits; here used in a general sense. The word usually means a private as distinguished from a public suit (ypao/'). rwpMytaUra.: annoyances. vvv SE': but as things are now. crUKO AVTcLLS: what is the derivation of this word? wrrepLwrrir'ra (rEpnrtLr'wo): not often found with dative of person. Cf. Demrn. LIV, 25: OvfSELLt EOT'LV E X7S (TOT-7plagta Ty EptWL7TTOVTL TOL ioE XyaLvoverOt. ot6v re: were possible. H. ooo1000; G. 1024, b. KUL TroS RLT yeyov6Tas: even those notyet born. Lysias here indulges in a rhetorical exaggeration. TOLOrOuVs refers to T-VKO0V7rTaL. prlsev: why not os8iv? H. 1025; G. 1612. dSLKO0b-L: here, as often, perfect in meaning. rroXkki: H. 716, b; G. 1054. iCapTriK60CL (4fapraTvW). 2. wrropos: perfiexing, because of the change in the nature of the indictment. 6 &y#jv: the case. wIo-re &wEyp6l nv: that (I scarcely know what to do, as) I was first indicted; a condensed statement. EXioav here means a public olive tree (ttoplav). For the spelling, see Meist. p. 24. See Introduction to the speech. 'K TO4 -rov 70To rp6wov: in this manner. poiXwv'ral: H. 916; G. 1434. '37 I38 NOTES [P 30 3. daLa;ipv rots 8&LyvorojpivoLS: at the same time as you, the ones who are going to decide. H. 966; G. 1559. aKoLo-av agrees with pe. This seems like an exaggeration, as the defendant must have known about the trial long enough beforehand to enable Lysias to write this section of the speech for him. rrepl.. &yovic-ac-eaL: for the penalty in such cases, see Introduction. i{ ApXis: from the beginning. ~~ 4-11. The defendant's proof that there has been neither olive tree nor olive stump on the farm since his ownership of it. 4. 'v... IIELo-dvpov: belonged to Peisander; predicate possessive genitive. H. 732, a; G. 1094, I. For names mentioned in this and the following sections, see Biographical Index. Tov \XXov Xp6vov: thereafter. H. 720, a; G. 1062. Literally what? XMyc: 30 construction? H. 781; G. 1184. Tr&V TPLaKOV:ra: the Thirty Tyrants who terrorized Athens 404-403 B.C. See App. II, 3, 4, and 5. EtpilvYs ovcr's: i.e. in the spring of 404 B.C., after the surrender of Athens. For construction, see H. 970; G. 1563, I; 1568. 5. roO xp6vou: genitive of cause with 4AitLovroat. H. 744; G. 1126. pUpl(c: differs how from /tpiptat? See Lex. ws: meaning with a participle? H. 978; G. 1574. aSLKoVVT"as: sc. qýau. 6. od r6we\6os, i.e. the Peloponnesian war from 431-404 B.C.,r& ~Iv w6ppw:1 the districts at a distance, i.e. from Athens. The Lacedaemonians repeatedly invaded Attica during the first part of the Peloponnesian war, while during the closing years of the great struggle they, under King Agis, established permanent quarters at Decelea, a short distance north of Athens. It is to their depredations that reference is made in this section of the oration. 8L,9pwr&tETO: in order to deprive the enemy of any benefit from them. SIKyyV SLSo"l): see Idioms. 6XXos T KOX ATL:L especially as; literally what? rrwov: see Meist. p. 120, for the form. 7. et: that; as usual after words expressing surprise and wonder. H. 926; G. 1423. iv (Xp6v): when. r& ilJiTPE' aCurwv: our own property. Construction of aVrTv? H. 692, 2; G. 100oo3. Lo' pjiXrra: especially as; dative of degree of difference and a super P. 31] ON THE SACRED OLIVE '39 lative. H. 78 1 (b); G. 1 184; 1185. T&V TOLoOrcov: i.e. the olive trees. Why genitive? H.- 742; G. 1102. T'r*V & ~~... KfKn1J[LEVcWV (Krdo~uat): concessive. H. 969, e; G. 1563, 6. 6(KTqV XaLJ43ciVELV: see Idioms. 8. TilS CLLrLcOS: H. 748; G. I1117. 71 wou: surely. TO1vs -j: those at least. &ý! iZiciv: on your tart, at your hands. Cf. Thuc. 1, 39, 3, 30'S wi i-,iv a'T' 13; Xen. Hellen. V. 1- 36: arvo4LOV~ 8~ aV; 8 w' 077/3atoWV Ta's BOLWTt'&Sa To'XEts E'7roi-qG-av. 319. 6AXX& -yC'p: but (enough of this) for, indicating a change of subject. &'Xwv: concessive. See on ~ 7. 'FPLV... 'yEVIE'o-&L what are the constructions used with 7rptiv? H. 924, a; G. 1469 -147. rr: in the time of, as often with the genitive of words referring to persons. fluvOo&6pov: see Biog. Index. 10. OVroo-L: H. 274; G. 412. This indicates that Demetrius was present at this trial. d&weXev01Epcw: a freedmnan. TE'OV'qKE: is dead, as hie would otherwise be present on this occasion. KJTQ = Kat Jdra. oliotcs: in like manner, i.e. containing neither trees nor stumps. Svp': i.e. on the witness stand. See App. III, 5. ii. I'ir ZouvLciSov: see on ~ 9, also Biog. Index. VeILLTOWjJ4VOL: meaning, in the active? in the middle? E'EX4'YtELE: H. 872; G. 1327; 1328. o16v TE: see on ~ i. The trial properly closes here, but Lysias goes on to consider the probabilities in the case, - a form of arg-ument characteristic of the early Greek orators. ~~ 12-18. Argument from fzirobabilities: the unlikelihood that the defendant would have taken such a risk as to remove an olive tree when such trees were so carefully watched. 12..rEcoS: hitherto, pirevious; adverb in attributive position with force of an adjective. H. 641, a; 6oo; G. 952, 1. cfcioKOLEV: H. 914, 1. (2); G. 1431, 2. SeLv6v: sharfi. ELK-: rashly. See Mleist. ~ 57. l1-YOLVQ'KTOVV 6LV: H. 835; G. 1296. cxlpov'pLfvos: what does the middle of this verb mean? XE'yffo-OcLL: to be spioken of. Mv fpovXo(jLIJV: H. 903; G. 1327. TM''rc 71V rivYVW'1~1V: i.e. that I amn shrewd and careful. 'y-j-Oe: construction? H. 881; G. 1362; 1369. 'P-YOLS: H. 775; (G. 1179. i-YL'YVET0o instead of the usual optative. H. 936; 140 NOTES [P. 32 G. 1489. &cav(ravCTL: conditional. See on ~ i. tilCa: disadvantage, loss. IrpL'OLiO-av'TL: saving the stump, i.e. allowing it to stand. XaOv = condition of what kind? H. 969, d; 895 G. 1563, 5; 1397. 13. (EK6S (oTT'). &vrLSiKOS: oipponents; this word usually means 'defendants.' Which is its literal meanincg? 14. oGUros: i.e. the accuser, whose name first appears in ~ 20. iv eXOL: potential optative. See on ~ 11. piL: dative of disadvantage. yLyvo0EvaCs: the reading of Gildersleeve-Morgan. It represents diyyvero of the direct statement. H. 981; G. 1578; 1588. 15. jIe' pIjipav: in the daytime. E'EKonWov: i.e. as the accuser alleges. 'w-crEp ob... SEov: as if it were not necessary; accusative absolute. H.973; G.1569. j16vov: adverb. rv -rapc6vT v: take with -/jkEro-ce. The matter was something not merely disgraceful, but it involved a severe penalty. 16. TO'... PCov: see on ~ 4. My slaves would terrorize me if I were guilty. ~rr': in the power of, as often with the dative of words denoting persons. 4KErVOLS: the slaves are here meant. rieXe0pots: predicate adjective. Slaves, by witnessing against their masters, could gain their freedom, and would be only too glad of an opportunity to do so. See what is said on slavery in note to Oration XII, 8. 17. otKETWVY: after povr[tELv. See on ~ 7. wrapi(Ecr': it had occurred. Cf. Oration XII, 62 also Thuc. IV, 95, for a similar meaning: rapao-rr & 8 Sev' ipvt 1'v vI rj &XXorp 3 T ov rrpoaflKOv TO(TdOV Klvvov aVvappLrrTov/tEv. W'npo0co-p.os: statute of limitations, in regard to the time of trial. In most court trials there was a limitation in respect to time. ova'-rs: causal. H. 969, b; G. 1563,2. rots elpyaLcrjivoLs: take with rrpocjKrov (accusative absolute), since it concerned. 6piolos: alike. eXov: for consl-uction, see H. 884; G. 1371. aveVEyK(L (dvacEpw(): shift. As there was no statute of limitations in regard to the matter of time, each of those who had cultivated the ground could have shifted the blame on his predecessor. d&roXv-ravTrs: i.e. by the fact that they have not blamed me, as they naturally would have done had they not believed me innocent. T1is alr(as: H. 753, a; G. 1139; 1140. P. 341 ON THE SACRED OLIVE 141 I8. rolvuv: moreover, further. 7rapforKEuafToLV: arranged, i.e, by some kind of settlement. wrroKpuvT6jiEOc: attempted action. H. 825; G. 1255. ol pv... ot S6: some... others. ovrEs: what use of the participle? H. 980; 984; G. 1578; 1586. ~~ 19-23. The accuser's lack of evidence. g19. o's refers to ot 8taJopoL. vpnpcpas: as witnesses. 7rapEL-ripcKLV: stood near. cL4vaeiEvos: i.e. on wagons. 20. NLK6I0cCXE: the man who instituted this trial. See Biog Index. Xpiv: imperfect, with augment omitted. H. 486; G. 1400. -oqOa.. TETrLIWop1Thvos: periphrastic pluperfect, placing emphasis oh the result of the action. oi"Trs 4XhEy'as: by trying me thus, i.e. on the spot, in the interest of the city. KEPSalvELV: i.e. in the shape of bribes. 21. oE wrEto-mL: i.e. by buying you off. Js: (sayiog) t/a6. iiw6: because of. Cf. Aristoph. Wasps, 1084: 'A T' T0 EV/Lno0 l O3 K /V 3 LV TO OVPVOV. TOL apUvpCv: to witness for yot, i.e. in your interest. 22. t... ~rriyayyEs: what kind of cordition? H. 895; G. 1397, cs 9r s: as you say. tS1v: temporal. popi(c = cr'Kdvov here. ivvE'a. LpxovraTs: the chief officers in the Athmnian democracy. See App. III, 7. The Archon Basileus would have been sufficient, as olive tree cases came under his jurisdictioil. FapiTrpov: construction? H. 743; G. II2. rol -vv'jSeTo-v: H. 775; 982, a; G. I179. oir'pr: the very ones who; the ending rep gives definiteness or emphasis to a word. H. 286. 23. SELVo6aTCLTCaL: outrageously. oa);T: H. 768; G. 1173. VaCIrY (instead of ro^ro): attracted into the gender of 4/pl.av (detriment). H. 632, a. The accuser thinks it ought to be counted against me that he has no witnesses, as if I had by influence and money robbed him of them. See ~ 21 (last sentence). roirov: H. 744; G. 1102. Siýrov: of course, methinks. (OUKOIaVT6v: participle. ciLa: at the same time. X6ywv: see on ~ 22. A slanderer, though without witnesses, will find arguments to suit his needs, even if they are not very logical. ToVi'r: after 1-v acvrqv. H. 773, a; G. I1755 142 NOTES [P. 35 ~~ 24-29. The defendant's other farms where there are many olive trees better suited for such transgressions of the law, as affording less risk of detection. 24. -re&w): i.e. about Athens. wrvpKai&s: these were stumps partially burnt, from whose roots new shoots sprang. 'v: without av. H. 897; G. 1400. r-EppyCLrao-c L.: encroach upon. Cf. Aesch. against Ctesiphon, 113: v8po r<rapavotLowrarotL retpyadovro ro 7re&ov. o'"yrrep: see on ~ 4. wroXXkv o'crv: since they were numerous, and I should not have been so readily detected. H. 971, a; G. 1568. 25. rrepi ' roXXov 'ITOLOvlLL: see Idioms.,cwrep, etc.: see on ~ 3, for the nature of the penalty in such cases. iTrLEXouvous... eirwyvW'Lovas: see Introduction regarding the inspection and care of olive trees. KaO' EiKaTrov ivLaT6v: each year. 26. lWCas: i.e. money fines. ao-paros: i.e. my civil status. Srrpl oi8evos 1yo0ijaC: see Idioms. pop(av: object of caav'35 owv. Ls: force with a participle? See on ~ 5. 27. Irr67pov: used in a double direct question in Greek; omit in translating. H. 1017; G. 1606. 8pRoKpaTri s oor-qs: in the time of a democracy. Literally what? The course of the Athenian democracy was interrupted twice,- once, in 41 B.c., by the Four Hundred (see App. I), whose reign lasted but four months, and again, in 404-403 B.C., by the Thirty Tyrants (see App. II, 3 and a), whose infamous rule was brought to an end in about eight months. rwi: as in ~ 9. ws: as. T6rE 8vvC'LEvos: i.e. in the time of the Thirty. vv: i.e. in the democracy. kX' Ws: but that. It would have been safer to dig up olive trees in the time of the Thirty, as they, and the people as well, were completely occupied with other urgent matters. 28. TroVro goes with Xwplov. oZ8F E'v: not even one; more emphatic than oiS'v. H. 290, a; G. 378. OVTos: i.e. the plaintiff Nicomachus. wrev6kXpa-e: stronger than simple verb. roiov oVTWS eX6vrwOV: this being the case. 'Xo with an adverb is often best rendered by the copula to be. ToiLOT(o 'rp6yp.aT: i.e. the removal of an olive tree. 29. i Cds: subject of.ltwGo'a-. Xp6vov: as in ~ 4. KCiSvov: peril, i.e. trial. Trovrov: subject of aroypdatat, charge. el(Sva. P. 36] ON THE SACRED OLIVE 143 depends on.XtLKlav zXwv. G. I521. Cf. Plato, Laches, p. 187, C: n7rca o\ fraVe L V.p v oX\yov... flX.Ki'aV Xovr TraLtiVEoOat. The plaintiff, if we may judge from this remark, was a young man. ~~ 30-41. The defendant's generous public services an argument against such niggardliness as the removal of a paltry stump would imply. 30. rv ripyov: construction? H. 643; G. 1153. wv is the relative of the following raVra, which is the object of A1ydvrwv. cdvaoG-cr0aX: to tolerate (it) when my enemies say, etc. ivOueoviuvous agrees with 36 s, the omitted subject of the infinitives.,ctpTYivov (Ep ). TfiS aXXs 7roXrLTElas: the rest of my life as a citizen. 31. irpoOui6TEpov i' ws: more zealously than; our idiom omits the d;. Cf. Isoc. XV, 145, for the same sentiment: ra 8' dJ'a XA)rovpy[a's 7roXvrTre orTpov XEX~Trovpyr'Kare KUa KXXLo v v o vo/tOL 7rpoordrrovwLv. TP7ipapGcv, daloopos, Xopiycov, XbTOVpyiv: for the nature of these services often imposed on well-to-do citizens, see App. V, 2. For the spelling of Xjrovpylav, see Meist. ~ 15, 3. 32. pfLTpIos: in a moderate degree (only). -roLWv: conditional. Cf. ~ I. rep... yo)vL6p,"v: see on ~ 3 for the meaning. KE6KTT'7lLv (KTaouat): I should fossess; what does this verb mean in other tenses than the perfect? See Lex. The speaker means to show his generous disposition by stating his liberal contributions to the state, and therefrom to draw the conclusion that a man so generous would not be apt to risk his life and all on an insignificant olive stump, - another argument from the probabilities in the case. wrp&das: i.e. on the supposition that I did the things with which I am charged. 33. dooXoyo-crTT: potential optative. See on ~ II. TEKplpiOLS: construction? H. 777; G. 1183. wepl T&'v iLEY(AXov: i.e. in matters which involve such serious consequences as exile and loss of property. WrUo-T6Tepa: (matters) more credible. 34. K TrWv XXMov: from the remaining considerations to be mentioned. POVXOLTO: construction? H. 932, 2, a and b (2); G. 1498. pao-avLctEv: to torture. The only evidence accepted from slaves was that obtained by torturing them. The accused might offer his slaves 144 NOTES [P-. 37 for such examination. Such an act was in his favor, as it argued a clear conscience. The accuser might also demand the slaves of the accused for examination. Cf. Isoc. XVII, 54: opw & Kiat V/xAa Kat rEp2 TW rv L8W Kt. 7rEpL TWV 87yOL(TLJV O V 7rt LTTrTErVpov o qOarTepov f3aodvov vo/dLtovre-. X6dywv, &'pywv: limit EXcEyXov, test. 35. KaCTlyyOp~OoL"v: make ruinous statements, i.e. in their efforts to shield their masters. irepl S4: whereas concerning, etc. rr~<vKao'L: they are by nature. pacLcavL6JevoL: supplementary participle. KcTELWr6vTEs: denouncing. KaKV: construction? H. 748; G. 1117. In Oration V, 3 and 5, Lysias finds it more to his purpose to argue against, instead of for, slave testimony, as here. 36. KaLI pItv 8': and what is more, further. E'aVT wvvELSvcaL: see on ~ 22. Cf. Lycurgus, Leocrates, 30: OVTOO'- 8' 8'th r o-VVwe&ia EaVTr oVX VEriELvev aXX' Efvyev. If the defendant refused to give over his slaves to be tortured, it would be considered an evidence of guilt. *1JoZ wapa6S86vros: when I offered (them). See ~ 34. LtKLLOV: sc. Elvat. TrovTov: i.e. the accuser. &kXXos TE Ka: see on ~ 6. 37. EL 'Xeyov: i.e. the slaves. Cf. Antiphon, V, 55: EirEtS 8E 6& JvOpwrop 0 'rp0repo? 3aoravtgO0i'tE o"8Ev E'AXE7 KaT pLOV, TrTE dcrLT/XXovo'ty els rTO rXolov TO ypa/qtL5ard.Te8ov, uva TraV'r y 1 0oV. dELOL TrJv ai-rav 7rtiO'pEtv. wlio\6yovv: third person plural. 'voXos 'v: he would be subject to: G.M.T. 431. Ordinarily an accuser in a public matter, if he did not receive one fifth of the votes cast, was fined 1ooo drachmas, and forbidden ever to bring a similar suit again. In cases concerning olive trees, however, he was not thus punished, probably because it was thought better that people should be too diligent than too timid in the matter of reporting such cases. Injury done to slaves when tortured had to be paid for. roOVTO 'wpo0uVJ(tas: that fitch of eagerness. JLTr' ipov ELvO-L: to be in my favor. Literally what? 38. p'qSe(Ls: used instead of ovuis when the relative is indefinite. rEr6XLpKE: sc. 'a.apTvpEvV. fdK6s Ji &ov: was more likely; sc. qv. 39. iOpov: fersonal enemies. &ycva: H.715; G. 1051.,ss: take with Xw7rowv. 8.LKOVVTG: SC. /AE. p.pypLOv: i.e. on condition of his dropping the suit. Cf. Xen. Mem. II, 9, i: vvv 7yp fdA TWV~S P. 38] ON THE SACRED OLIVE 145 ElV 8t'KRs yOvUcTLV, Ov TL a8tKOVvTaL v7r E/LOV, aXX 3t VO331/JLXOV(TLY "St&OV av [LE &pyvpLOV TEXEOTL 72 rpaL/fL.Ta EXEL. OL TOLOUTOL: SC. KCV8 VOL. ETaLTLdTTCLOL: invidious. Tr6Y KLVSVCvy: partitive genitive. ToTooirc: correlative of o'c? and dative of degree of difference. cEYOvO-L: shun, avoid, by buying the accusers off. 40. icovvuv: sc. EV'yELV. SLTXXCLy V: became reconciled. 38 KCK(S XyoUcG-LV: slander. Cf. Lat. maledicere. 414... KO.K6V: construction? H. 725, a; G. 1073. firLnrqrouo-L: let loose on. FLOL: H. 775; G. 1179 -41. yEvolyLV, KcLTCLT O1-OLGL: for this mixed condition, see H. go901, b; G. 1421, I. The speaker now tries to arouse the jury by resorting to the use of pathos. 4pip'ov: i.e. without heirs. Cf. Isaeus, VI, 5, o80$ev avrLT 8taOE'crOaL T. (aVTOv, /517 E'p-q)OV KaTLXlV) TOV OLKOV, N L 7T Ird'0t. WaIrp(os: construction? H.748,a; G. 1ii8. vavIaXcts... uxcas: for construction, see on ~ 39. ~ 42-43. The defendant's review of the case; the accuser's assertions unfproved. 42. &XC -ydcp: see on ~ 9. &ve8Se: i.e. before the Areopagus, where the law should take its course. 0 rT: why; adverbial accusative. a: translate as if TaG Ta. In both Greek and Latin a relative is sometimes found at the beginning of a sentence where our idiom uses the demonstrative. Trruve-c0aL &roV EVEKOa introduces KaTEO-TqrEEv, as also r17TE? and 'OEXEv below. Et6v: when it was possible. Why not genitive absolute? See on ~ 15. ' Lro p: in the act. xp6vw: dative of degree of difference. Cf. ~ 4. 43. WroTo6s: believed, trusted. dSLKOOVVTCL: SC. /E,. T7LapaytvEa-OGL: were present, i.e. when the olive stump was dug up. The verdict pronounced in this case, as in nearly all the others with which the orations of Lysias have to do, is unknown. ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION ON THE SACRED OLIVE On ~ 2. Meier and Schoemann: Att. Process, p. 302. On ~ 4. Curtius: History of Greece, III, pp. 465, 487. WAIT'S LYSIAS - IO 146 N OTES [P. 39 On ~ 4. Corpus Inscriptionum Atticarum, I, 59. Hermes, II, 378. On ~ 16. Meier and Schoemann: Att. Process, pp. 330 f., 751. 1On - 17 Ieier and Schoemann: Att. Process, p. 840. Hermann: Privatalt, p. 83 -On ~ 22. Meier and Schoemann: Att. Process, p. 293 -On ~ 24. Curtius: History of Greece, I, 317. Baedeker: Handbook for Greece, p. 104. Kiepert: MIanual of Ancient Geography (Eng. trans.), p. 162. On ~ 31. Gilbert: Griech. Staatsalt. I, p. 341 f. Smitb: Dictionary of Antiquities, under trierarchia. On ~ 34. Meier and Schoemann: Att. Process, p. g890 ff. Smith: Dictionary of Antiquities, under tornientuim. On ~ 35. Becker: Charicles (Eng. ed.), III, p. 365 ff. On ~ 38. Smith: Dictionary of Antiquities, under sycop/antes. On ~ 42. Meier and Schoemann: Att. Process, p. 933 -AGAINST ERATOSTHENES ro9 yEvoivov OUy wV rpLCKOVTa2: the Onc Who belonged to the 39 Thirty. 0v refers to an omitted antecedent, oX6yo3 (the speech), which. ~~ 1-3. The richness of the theme and the danger of treating it i/nadecqiatcely. I. &wopov: ditfficult, agreeing in gender with the infinitive, 42 ap2acrpa L: to begin. CLVSpEs SLKacraCL: ge/tl/f//ic/ of hjf/i ury; what literally? rijs KT IyopMas: H. 738; G. ogg1099. iwar-aCw.ea: meaning in the middle voice? XEyovrL: H. 981; G. 1580; attracted to the case of Lot. Could XEyoVTa have been used? H. 941; G. 928, I. a tots: dative of agent. H. 769; G. 1186. To' pLEkyos... TnXOos: in re-Espect to magnituide... ini respect to /i/nib/er. H. 718; G. 10o58. W0rTE introduces SvvaoYwat; what kind of clause? P. 431 AGAINST ERATOSTHENES 147 H. 927; G. 1449-1451. "v: with &vaOat, which verb is to be taken with both Ki-r7yopoTat and Elbrdv. 4rEv661Evov: ~f one should utter falsehoods; circumstantial participle, denoting condition. H. 969, d; G. 1563, 5. rv vwapX6vrwv: I/ana the e oxistng n0es. H. 643; G. I 53. T1k-TiOi r- TaqOl'. H. 76; G. 42. &Va6YKI1 S (&rT). -TreLnrEv: to give out (from exhaustion). ndrLXrrL-vt: 43 to fail; intransitive. Cf. Cicero on the Alanilian Law, I, 3, for a similar statement with regard to the richness of his theme. 2. TOvvavOlov 7 rEC-8ETL?I: about to eOher-ie/Ce the oplosite of (what we experienced) in former time. ' is used because of the comparative idea contained in -obvavrlov. Note the emphatic position. In the Greek sentence, though not so rigid as the Latin, the subject, when expressed, regularly stands with its modifiers at the beginning, and the verb with its adjuncts at the end. Placing a word in an unusual position, as here, makes it conspicuous and emphatic. rEL'o-ea-OL (7rao-xw). rpo roi: before thlis. 70o is here demonstrative. H. 655, d; G. 984. irp6'Epov: i.e. before the time of the Thirty. djv 'xOpa: ground of enlmity. Tois KarT YOpOGVTrS: the accusers. iois cýiEyovVras: the defendants; literally what? E't1: H. 932, 2; G. 1481, 2. vuv'L SB: but now; i.e. as matters now are. This expression, as well as vbv Si, is often thus used. aZrots: dative of possessor. H. 768; G. 1173. &veO &rov: that, has the force of a conjunction. 's oiK E Va: aS One not having. H. 978; G. 1574. olKEcLS: fersonal; because Lysias had lost both his property and his brother at the hands of the Thirty. ToDs X6yovs rrOLOVaL = XE'yw. See Idioms. Ws OraaOL 1roXXijs 400ovLas ovcrTs: /on the grollund that all have abunldanit reason. H. 970; G. 1152. arrLL: more emphatic than 7ro0-t, and dative of possessor with oi'o-q3 (d1d1). 3.- wpby[amrL wprrp o mTeans to coinduLct a case. Lysias had lived quietly as a metic, and had kept out of the courts. irod To v yEyEvrllvwv: by the things that have haflfened;.genitive of agent with a thing, as if in a certain sense personified, instead of the dative of means. ro'Tov: i.e. Eratosthenes. KrTiTIqV: have fallen. I.i: (fearing) lest. wrOL1ooaOL: an unusual construction for rrotnoC-LaL. H. 887, b; G. 1379. it apXis: fromn Mie begilnlLi/g; 148 NOTES [P- 44 frequent in this sense. ws... XaXLorwv: as briefy as I may be able. SrvWaRL: mode, and why? H. 916; G. 1434. s' i&aL x(ox is less usual than Sta fpaXvTraov. Notice the skill of Lysias in this introduction, both in respect to what he says and the manner of saying it, by which he brings his hearers into sympathy with himself, and renders them well disposed and ready to listen to what he may have to say further. Read under the STRUCTURE OF THE SPEECHES of Lysias what is said in general on the character of their introductions. ~ 4-23. The orator's narration of facts concerning his family, the dangers to metics, his own arrest and escafe, the death of his brother Polemarchus; the arraignment of Eratosthenes as murderer. 4. Here begins the narrative (8t17yr-o-), or statement of facts. See under STRUCTURE OF THE SPEECHES of Lysias. o4ios - 0d'. Ki aXos: see under Life of Lysias and Biog. Index. w7o IEpELKXEOUS: see Biog. Index. y-: i.e. Attica. oisevl: indirect object of ESLKaoaif8aa, institute, bring. What does this verb mean in the active? See Lex. ijiets: i.e. Lysias and Polemarchus. EKEtVOS: i.e. Cephalus. iv4yo[Lv: were we defendlants; literally what? LCKovREv: why this tense? H.829; G. I250, 2. S6 OKPrOPaTEVOL: in the democracy; i.e. till the time of the Thirty. 5. KCTEo-rTqO-v: becamCe established; which aorist is this? How can you tell? Which is transitive? rv &6LKwv: after Kaapa v, pFre, free from. woMras... 1rporpiOaL: strange talk for such 44L5 monsters as the Thirty. Cf. Isoc. II, 8: El S' rt 70TV KpaTroVvTaS 7TO ErX'o- 7r' aJpET-Vv zrpOTpEIEtEv, JAO0TEpo0V 'V 0v70.reLt. XyovTes: though they said; concessive. H. 969, e; G. 1563, 6. 76XiAo: venture, proceed. 6. Od6yvLS, IlECo-vW: see Biog. Index. rXEyov: note the tense. iv: in the sessions of. iTrotCKWV: who were they? See Life of Lysias. eev: see on ~ 2. rorXLre(CL: i.e. the government of the Thirty. Construction? H. 772; G. 175. EZVaL, as also rE'vEoOat, depends on HXyov, above, rp6mjc-v: pretext, followed by 8o0KELV. -:. 44] AGAINST ERATOSTHENES I49 H. 952; G. 1521. TRLjopeiptoaL: to ptunish, after 8oKEeV. T-T pEpy,: ii reality; usual in this sense. H. 779, b; G. 1181. irvT"s: at any rate. XpRThcTov: for the Spartan troops on the citadel of Athens. See App. II, 4; H. 743; G. 1112. 7. oZ XaXE~rcws: litotes, not wilt difficulty; i.e. easily. a&rOKTLVvivaOL = a7roKTE"VEtL. rrepl ov'svo8s iyoivro: see Idioms for the meaning, as also for that of rEpi rroXXoi) ErotorVro. rrpos roVs \XXovs: with reference to the others; i.e. the other eight. ": construction? H. 881, a; G. 1369. What other mode might have been used? e'vEK, as here, usually follows its case. wirerpaKT'a and yyE'YVTraTL, where we should use the pluperfect in indirect statement, but Lysias preserves the direct form. o-v.4pov-'r: helpfel; participle, agreeing with Tarava. o-T7rp... ErMrOLKOcES: just as when they had done anything else with good reason. We should expect instead of 7rrErotrKOTE, 7rErrotLKorOd (dative), in agreement with aVTroi. rwv aXXwov: partitive genitive with rt. The Tyrants thought by killing two or three poor metics along with the rich ones, to shield themselves from the charge of murdering for money. 8. Lysias now vividly narrates the story of his arrest and escape, and of the death of his brother, Polemarchus. 8LcaXapvres: assigning. oltKas: it was ordinarily illegal to enter a man's house against his will, but in the time of the Thirty, who were a law unto themselves, all kinds of unlawful acts were committed. Cf. Xen. Hellen. II, 4, 14: &Ltrrvo7vreE arvveXaEaflavoiJeOa KOa' KaOEV'S6VTE~ Kat dyopadovTES. oL &XXOL: i.e. those besides Peison on the hunt for metics. AvSpanroSa: slavery was universal in the ancient Greek world, and was regarded as necessary by such great men as the philosophers, Plato and Aristotle, in order that the citizens, thus freed from manual labor, might devote themselves to self-culture and to the service of the state. The number of slaves was far greater than that of the citizens. A census of Attica (whose chief city was Athens), taken near the close of the fourth century B.C., showed the population to be about as follows: 20,000 citizens, 10,ooo metics, or resident foreigners, 400,000 slaves. A citizen was considered poor, indeed, who could not afford two or three slaves. The rich had 150 NOTES [P. 45 large bodies of them. Lysias and Polemarchus, as we learn from this oration, had one hundred and twenty in their shield factory. The father of the orator, Demosthenes, owned two factories, in one of which he employed thirty-two, in the other twenty. Large bodies of them were often let out by owners to work in the mines, as, for example, the silver mines of Laurium. A citizen when on the street was regularly attended by a slave. The price of slaves varied from about thirty to two hundred dollars. A slave traffic was carried on with the nations of the East, and prisoners of war were usually sold as slaves. d~rneyp&ovTro: made a list of. poUXoTro: construction? See on ~ 2.... di= = edv T of the direct form. H. 932, 2; G. 1481, 2. 9. ' 8': and he. TrXavrov: see App. VI. q'urL-Ti.r V (ir'o-aptLa). VOsLEL: regarded. ZK T(v lTrapovTwv: see Idioms. TrrirOV: fledge. 10. EWcLSi and also wrei are regularly followed in Greek by the aorist, where our idiom more naturally employs the pluperfect. Wjioo-rv (Oi~/v/xLV). 4M~XELav: utter destruction; object of 7ra45 pw/4Evos ({rrapdotfat), imprecating. Note the intensive force of oe in eoAELav. Xoapwv: H. 969, d; G. 1563, 5. SopcITov: bedchamber. r& T v6vO L: the contents; what literally? 11. oV do-rov: not (only) as much as. Cf. Thuc. I, 51, I: V7rorotrrjaavre (rTa vaV) drr' 'AOrivdJv Ecvat, ovX;o'as i;pwv AkXAav 7rXALOvs. For the value in our money of the various amounts named in this section, see App. VI. The whole sum was about $5500. L L6Xas: drinking cups. These were not phials (our English derivative), but flat, broad-topped vessels, without handles. ESt6piv: usual meaning of this verb in the middle? See Lex. avroO: construction? H. 743, a; G. 1114. I + 68a: see Lex. for derivation. rao-c: retained in the indicative. Could it have been put in any other mood? H. 932, 2; G. 1481, 2. 12. 4tL00UN (E"L/t)): going out of the house of Lysias; dative plural of present participle. See Biog. Index for proper names. KaaaLjid.voUcrL: come upon. h Bpats: the gate or door between the house and the factory. paSLtoil'pv: optative depending on his P. 46] AGAINST ERATOSTHENES I5i torical present. H. 828; G. 1268. els (rv olK'av): H. 73o, a; G 953. o-KE'xTlpcLL: H. 881, a; G. 1369. 4KEIVOv: i.e. Peison. Aaip.vCrwroVu nothing is known of this man. 13. EKELO-E and aV-r60L refer to the house of Damnippus. 6'VTL agrees with tot. cs... C' 8r: in the belief that death (literally, the to die) at any rate was now at hand. rovl 4roOavwev ( zroOvy'oKw) is used as a noun in the genitive absolute with w7rapovros. H. 959; 970; 971, a; G. 1547; 1152. 14. 'riLTiSELos: close friend. "v: how used? H. 984; G. 1578; 1586. &SLKi: this verb, here, as often, is best translated as perfect. &w6rXokvLaL: render as if future. 'rp60vpfov: though grammatically an adjective agreeing with Svaltv, can best be rendered by an adverb, zealously, eagerly. Note the short nervous sentences in this section, indicative of the excitement of the speaker. pivTio-0tva. (^Qfvo-Kw) ~ to mention; a deponent verb. 'yeiTo: thought,..... 8LSO 46 = _dv... 3t3 of direct speech. See on ~ 8. Why not call it a condition of the less vivid kind? What particle and tenses are found in the conclusion of such a condition? H. 900; G. 1408. 15. OEo6yv8LL: H. 772; G. 1175. yap generally means for, but sometimes, as here, it is simply an introductory word, about equivalent to our use of the word now, without reference to time. TIJS oK(as:" H. 753, d; G. 1140. E'8LV (oT a). d&l4Ovpos may mean that there were two doors, one in front, and one in the rear, or that there were two doors between Lysias and the back yard. Greek houses, though differing more or less in details, were built, for the most part, on one general plan. The front door opened into a narrow hall which led into an open court (avk"X) surrounded by a covered colonnade. About this colonnade were arranged the men's apartments and the dining-room. Back of this court a door (/tEravXo;) opened into another hall, leading to another open court. In this were the women's apartments, the work-rooms, the kitchen, and storage closets. Sometimes, especially among the poor, there was but one court, a second story being built above it for the women. These were connected by a stairway, or, as we learn from Lysias (Oration I), sometimes only by a ladderlike arrangement. 152 NOTES [P. 46 -racirvr-: in this way. H. 779, a; G. Ii81. Xj Ow^ (Xap3pcfvw): should be caught. The introduction of qyovqyv changes the apodosis of 'av XY J 00 (which might have been q ovSiv qT-rov aC'e0i0ro-at 7 ojLotw3 dwaOravov^aLt) to the infinitive on the principle of indirect discourse. ObSev?JTTOV &4Ee1OE(EcL (d#i a ): I should;ioize the less be released. do4lows: just the same. Lysias felt that while Damnippus was talking to FPeison he had better try to escape, thinking that, if he should succeed, he would be safe, however Peison might decide his case; and, even if he should fail in his attempt, he certainly would be no worse off than if he had not tried to get away. 16. aXEiLy: front, i.e. the door opening into the street. 7pLWv uvpwv: the third door or opening may have been the one from the back yard into the alley, or back street. Ms: construction? H. 712, c; G. 1057. dv.V(qy.LivOL (JvoLyo): see on ~ 14. For reduplication, see H. 369; G. 538. Els: see on 12. 'ApXEvec: genitive singular of the Attic second declension. rrevo6REvov (rwvvOvopat): use? H. 969, c; G. 1563, 4. TKWV: coming (back). dwoay&yoL: construction? See on ~ 2. 17. irErucritvos (rvvad'vosat). 'rfs i1rLoLs (&ErEt/u) VUKTr6 on the following nikht: construction? H. 759; G. 1136. Mlyap6SE: see map. What is the force of the ending 8E? H. 217; G. 293. rW' iKf(V(oV: in their time. See on VII, 9. etIOLaivov (W0t(D) rrap6-yyEXp.a: the order accustomed to be given. On reduplication, see on ~ 16. rrLVELV KWVELOV: the usual method of inflicting the death penalty was to compel the victim to drink a draught of hemlock. Compare the case of Socrates, as described by Plato in the closing chapters of the Phaedo. 'rrpiv rjv aTriav Etrrftv: before (i.e. without) stating the charge. Cf. Aesch. III, 235: 7rXctov,; XAtovq KaL 7rfv'aKOcTLOvg TWV 7rOALTWlV aLKplTO)V a7E'KTELVaV 7rPtV K.L Tag aQTlOS &KOVUau.E at, E/LEX oYV 477OOV7rVqKELV. What constructions are used with rptv? H. 924,a; 955; G. 1469-1473. oro wrroXXoi 48EcrE KpLO VaL (KpvW): so far was hefroml having a trial; literally what? woXXoZ: see on ~ 6. 18. rewvYEs (ov,40Kw). - 'rjtv: dative of possessor. See on ~ 2. oba-wv (eld): concessive. H. 971, c; G. 1568; 1563, 6. OSELLS P. 471 AGAINST ERATOSTHENES '53 (otKtas). 'aac-av (EJw): peculiarity of augment? H. 359; G. 537, I1 iEEveXOvaM (EK95p' = Lat. efero): the regular word for carrying out for burial. KXELr'iOv: idt. See Meist. footnotes 172, 328. Lcrowa-iEvaL means what in the active?.rpoidEvro (7rpor/$L0t): laid out. The corpse, after it was washed and anointed, was clad in white, crowned with flowers, and laid out in the front part of the house on a couch (KXi V), around which were placed flasks (X'Kv0OL). The burial took place in the morning before sunrise. In the procession to the grave the male relatives preceded, the female followed the corpse, which was generally borne by slaves. If, however, the deceased had been a distinguished man, the body was sometimes carried by citizens, who felt themselves honored in the performance of such a service. cTroeo-LV: participle agreeing with -q.L'v, understood. d pev... d 8g: one.. another. E"TXEV: supply SoiV 47 19. eXovres: concessive. XaXK6v: bronze, to be used in the making of armor. K60-Jjov: ornaments. L'rrLrXL:fi rniture. qovTo (olopjat). rO &%4o6-Lov: the public treasury. KA TOV Tp67rOV.. EWOilcrL-avTO: here we should naturally expect W(aTEE instead of KcU. EXLKTjpaS: ear-riigs; literally, something twisted. &reT r IrpWrov: as soon as. TO' rpWrov: adverbial accusative. H. 719; G. io6o. irOv (oh%): note accent, although from a monosyllabic nominative singular. H. 172, Exc. a; G. 127, 128. EFL'XEro ( 'atpEo). 20. KaT... Ovo-Las: wilt/ respect to the sniallest portion of our property. Wiov: take with 1TvyXavojAEv. H. 739; G. ogg1099. ErEpOL: sc. $iejxaprov. 6SLK1iqRCoWV: genitive of cause. exovrES: conditional in force: see on ~ i. &Eious, 0vras: with -jsqk. T1 w6XEL: dative of relation. H. 771; G. 1172. Xopqyras: H. 715; G. o1051. See App. V, 2. elta-opds: a special or extraordinary property tax, levied in time of war or other great stress. See App. V, 2. Etcr-eVEyK6VTS (Etl0S'pw). rO' wpoo-rarCLT6TEvov: order; literally, the thing ordered. What use of the participle? H. 966; G. 1560, I. KEKT-1EOVOUS (KTOttaQ): meaning of the perfect of this verb? H. 849; G. 1263. Xu-craivous: it was considered a great service for wealthy Athenians to ransom their fellow-citizens from an enemy who had 154 NOTES [P. 48 captured them. The great orator Demosthenes intimates with pride, in his oration On the Crown (~ 268), that he had performed such a service. ovx dopoiLs pETOLKOVVTLaS WrTrcp a.VTol 7TrOXLTrEVTO: Inot living as mzetics in the sane mZanner as they thiemselves wer e liv/ing as citizens. Supply ^l/xa as object of yj'ro-av. Lysias means that the metics were conducting themselves in a better manner than nativeborn citizens (meaning, of course, the Thirty Tyrants), whereas one would expect the opposite. 21. o-070L: the Thirty. 4rilovS KaTWr'-TTirav: teprived of civic rigzts. 4KiKSoaeaL: to be given (in marriage), depends on E\XXov'ams. Supply another EK8LcSo(o-T after EKwoXvaav. They prevented the consummation of these prospective marriages by robbing the fathers, who, therefore, could not furnish a dowry, - a very important concomitant of the Greek bride. Sometimes a wealthy relative or friend came to the rescue, and provided the necessary property: but, of course, comparatively few were so fortunate in their relationships. 22. El TroOOUTov... 6X~1 s: to such an extent of boldness. 7d\Aqs: partitive genitive after ro-roiTro. H.730, c; G. 1088. 4ro48 Xoy-lor6-pvo: see on ~ 16. EpouXv6E'qv a v: I could wish. H. 903; G. 1339.,rdya09o = ro0~ ya0oi: that is, if they did speak the truth in saying that they had done no harm, Lysias would be greatly benefited, as he would still have both his property and his brother. 23. v v 84: see on ~ 2. irpds: see on ~ 7. avrois TOLa1oT virraXEL: such statements belong to them; that is, they cannot say that they have done no harm, as both the city and I have suffered greatly from their conduct. tSL.: personally: see on ~ 6. 4gaj.apTrvovTa: sc. aVrdv, referring to a&ekb6v. Eavro: what is the regular position of the reflexive pronoun? of the personal? H. 673, b; G. 977; of the demonstrative? H. 673; G. 974. rrapavoiLL4: lawlessness, spirit of lawlessness. ~~ 24-36. Eratosthenes examined: /is answers commented on: the decision of thie judges to be an important guide for bot/ citizens and resident foreigners regarding future conduct. P. 49] AGAINST ERATOSTHENES I55 24. avapLpafpcLoJ vos: (causal of Ava/lavwo) to cause to mount, i.e. the witness stand. See App. III, 5. peiro-Oc: second aorist of Etpo/ua, an Ionic present. It is generally used instead of the aorist of pwordw. yvwrlqv: opinion. airr: with a view to. Kc(: even. oo-LOV Kal ev'o-cTs: sc. ELvat voplw. It was impious, Lysias held, for a surviving relative to have dealings with the murderer of his kinsmen except for purposes of revenge. Hence Lysias justifies himself for bringing Eratosthenes to trial. AvplVeqL: i.e. on the witness stand. They could be questioned, or simply acknowledge before the court the testimony given at the preliminary trial. See App. III, 5. a.wrKpLVai: aorist imperative middle. Cpor-&: mode, and why? H. 916; G. 1434. 25. What are the punctuation marks used in Greek? SESL&s: circumstantial participle of cause. H. 969, b; G. 1563, 2. What is the form and meaning? ir6Trpov... 4j: whethei... or, used in a double direct question; the first, roTrEpov, may be omitted in translation. ryoi'4-y vos: circumstantial of cause. It is best, as a rule, to render the circumstantial participle by a clause in English, introduced by because, when, if, though, after, etc., according to its relation to the sentence in which it occurs. 26. EZT': then, indicating indignation, as also below. wrrXOos: majority, i.e. of the Thirty. -orqlplas depends on KvpLov: H. 753, b; G. I140. 'irL: in the fower of, as often with the dative of words denoting persons. Kaic before pI is best rendered by or to suit our idiom. OrL: because. XplorTds: innocent. Sofvw, SiKqv: see Idioms. 27. Kal pIAv: and further, introducing an additional statement. EtK6( (E'-): reasonable. roro: in this; properly the direct object of Xrto-revtv, and explained by the clause beginning with cj, that. 8.rrov: surely, methinks. ev: in the case of. The Thirty would probably have exacted a pledge in the case of important people, but hardly in the case of the metics. 'rWErLTra: in the next place. r = r'vt: interrogative pronoun. -Trov EtK6s: less likely. Oc-rrs refers to an implied antecedent, such as rw acvOpwrw. avreLrwv denotes 156 NOTES 1P. 50 past time with reference to i&vyXavE. oLs: (the things) which. EKELVOL: the Thirty. 28. ots &'XXoLS: i.e. those not belonging to the Thirty. irp6 -LarTLS: excuse. Ova EpELv ijv arLTaI: to shift the blame. aCrois.. rpLdCLKOVTra: object of wroTEXEoOat, to accept; that is, the excuses. ov = Eav. To-ds QZrois: not strictly logical, as Eratosthenes had said that he had protested against the proceedings of the other members of the Thirty. By saying that, he had separated himself from the others. 29. akrfis: than it, i.e. that of the Thirty. is refers to apXf. rcapM: contrary to: what kind of a conditional sentence? H. 895; G. 1397..rp& roO rorE: fronm whom, fray. Ka. emphasizes XrAl4'eo (Xatt43vw), and its force may be indicated by a stress of voice on the latter word. XujETo-OE LK'qV: differs how in meaning from So0va SBKIv? See Idioms. 30. KaCLI ýV 8i: again, furthertore. 4v T9 4cS: Eratosthenes was not compelled to arrest Polemarchus on the street, as he did. Orq-aLV depends on rapdv, and means to save with a;o~v, but to carry out with rT 4E-LouyzE'va, the things decreed. This figure is called zeugma. woap6v (a4peyttL): though it was fossible; accusative absolute. Why not genitive absolute? H. 973; G. 1569. TOwrOLS: see on ~ i. 0pyEtEroE (sc. T0oU'oL) 80oOL: the Thirty tried to involve many in their guilt, by compelling them to assist in their lawlessness. Socrates, the philosopher, refused to obey them. He felt, however, that he might have been put to death for his resistance had the Thirty continued in power a little longer than they did. Cf. Plato, Apol. 32 D: E~ y4p EKELV7 i JpXP- (i.e. of the Thirty Tyrants) OVK EiE7TK17$E Ovrco~ L67rVPa OvCL (dOE -aKOv TL ipyJ~aoOaL Ka'L W;EiJ~ av &L~ 7aTivT '7ElOaVOv, id JE St a PX9 OLf TaXEWdV KaTEAhXV'7. 31. KCLLTOL: and yet. aMVr6iv: position? See on ~ 23. uroXEa-affL (r'XXvLt): aorist participle, dative plural. &KELVOLS: 50 i.e. those who acted from compulsion. SLKaL6ETpOV: more justly. rrEOe6tcr: supply 'KE2VOLt. KCTaXah4OVG-LV: if theyfound (them); dative of the participle. c&pvoLs yevieo-aLL: to deny it. EpvotsL is an adjective. T4* SB 'EparoarOiveL itv: but it was Pos "P. 501 AGAINST ERATOSTHENES I57 sible for Eratosthenes. rrw'rTO: in the next place, i.e. if the answer contained in ont OVK a7rq7VTr1rOCV (adravrTao) was not satisfactory, the next one, Oct OVK eJ&v, would be. TCrVTCL, though plural, refers more especially to OTL oiK EJ8c. EtXev: admit of; literally hold. ot6v T' etvo: is possible. In ~~ 30 and 31, Lysias tells us that if any deserve sympathy it is those who entered citizens' houses, not from choice, but under compulsion; and that Eratosthenes does not belong to that class, since he arrested Polemarchus on the street, which he was not compelled to do. He could have denied seeing him, and even his enemies could not have proved the contrary. 32. Xp-v: imperfect tense with augment omitted, as'often. H. 486; G. 1400. For the omission of av, see H. 897; G. 1400. o-: subject of yevE'oOat. xp'or-6s: noble. Trots pioov oL: participle depending on [XyvvrTv, informer, which is here used in a good sense. 4iroXovpvo-vs: future participle. 33. rots -yL-yvoIvoLs: construction? H. 778; G. I1 8I. ToVo-8s: i.e. the people in the court-room, especially the jury. C... yeyevVp.va is object of Xa/fldvovTas. Tr^v kXEyop.Ev limits TEK/xpta, as evidence. T6TE: at that time, i.e. in the secret meetings of the Thirty. irap' aCLrots: by ourselves, i.e. at home. They had been compelled to flee from their homes in Athens to other places of safety. For avroZ' used as reflexive of the first person, see H. 686, a; G. 995..r(t: see on ~ 26. dtpycao-jE'voLs: perfect middle participle, concessive in force, and here used with two accusatives, - the usual construction in expressions that mean to do good or to do bad to. H.725, a; G. 1073. 34. Trovro: i.e. your statement that you opposed the wicked proceedings of the Thirty. e"yw: evade..t... WorTe: what in the world. o-vVerdwv: use? H. 969, d; 895; G. 1563, 5; 1397. d0'r6dT: seeingthat. 4|'pe 8Si: come now, exclamatory; compare the Latin age. Lysias here addresses his question to the jury. tC Cv: what would (you do)? K... KCaL: give the force of these words by emphasizing dSEX(oc and ivdV in translating. See Meist. ~ 17, p. 40, for the spelling of rdS. OVTcS: see on ~ 14. aCvrov: i.e. Eratosthenes. 158 NOTES [P. 51 The orator means that, the jury would not acquit their nearest relatives if they made such a statement as that of Eratosthenes. Svotv Odapov: one of two things. Od-Tepov = rTO 'repov: H. 77, d; G. 46. OVTos 8... -ruXvapiv: is this strictly true? Read again the 51 last part of ~ 25. Lysias, of course, was anxious to make his case as strong as possible, and doubtless felt that a slight deviation from accuracy of statement, especially if he thought it to his own advantage, would not be noticed by the jury. 35. givwv: strangers. do-6p.Elvo (otSa): purpose. See on ~ 16. pa06vres (p.avOdvw): having learned, with the knowledge; translate after a7rtao-Lv (&Trctt). wv: construction? H. 994; 996, a; G. 1031; 1032. atLprwTo(o-wL: mode, and why? H. 916; G. 1434. v: H. 739; G. 1099. 4iv'rVTL ( EpLt): desire, aim at. To... e. ovo-V: will be on an equality with you. piv: H. 773; G. 1175. 4'rrLn8TLJoo-v: are staying here. EKK'ipvTTOUo-(V: banish. The most of the Tyrants, when overthrown at Athens, fled, we are told, to Eleusis. Probably some found their way to other cities also, which, being in sympathy with the Athenian democracy, did not care to harbor them. atCro... rcwovO6re (7rroxw): the Athenian democracy. 4b4rovcr-v (dilpta): release, free. -cjcs aCIrois: i.e. the,EvoL. Trrepiepyous: overzealous. Lysias, in this section, wishes to impress upon the jury the importance of their decision in the case of Eratosthenes. If they convict him, others will be careful about their conduct in the future, and strangers will not harbor tyrants fleeing to them for refuge; if, however, they acquit him, others will be bold to undertake anything, and, in case of failure, console themselves with the fact that, like the Thirty, they too will be acquitted, and still be on an equality with other citizens. 36. eL: that, after 8Ewdy, as often with words expressive of surprise, e.g. Oavdi7oJw. H. 926; G. 1423. - vIKWo vaUvXoXOvVTEs: the naval battle of Arginusae, just off the coast of Asia Minor (see Map), 406 B.C. This was one of the hardest battles of the whole Peloponnesian war. Though won by the Athenians, it cost them dearly. oloL i evCL: see on ~ 31. Why is olot not accusative? H. 940; G. 927. TOVS ~K T"iS aMirrTTrl means both the living and the dead who were P. 51] AGAINST ERATOSTHENES i59 on the disabled boats, and who could not be rescued by reason of the storm (XErt/pva), as the surviving generals alleged. The Greeks and Romans believed that the souls of the dead, unless their bodies were buried with due ceremonies, were compelled to roam along the river Styx for a hundred years before being admitted to the abode of departed spirits. Hence drowning was regarded by them as a great calamity. Compare Horace, Odes, 1,28. The surviving officers were accordingly condemned, as here stated, among them, Pericles, the nephew of the great Pericles. It is only fair to add that the Athenians afterwards repented of this rash act. T.ri pcTf: out of respect to their valor; dative of interest or advantage. H. 767; G. 1165, TrUroUS: the Thirty. Lysias would naturally have added here ov KoXA~acr0-E or some similar expression, and ended the whole sentence at a'OKrLvvval. tSLwaTL: i.e. as members of the oligarchical political clubs of Athens (see App. II, 3), who were so eager to overthrow the democracy that they, in order that they might again come to power, were willing that the Spartans should conquer Athens. KCLOe' ov: as Jar as. rjrr2T9vaL (rrdo/atl): at Aegos Potami on the Hellespont (see Map), 405 B.C. OVK... KOX6~o-0CaL is a variation from the construction which Lysias evidently had in mind when he said roVrovg SE above, - an example of anacoluthon. aroivs refers to the same persons as TroVrov. ~ra8tSas: the families of the ancient Greeks often had to share the penalty inflicted on the father. The case proper closes at this point, so far as the charge and its proof are concerned. The orator next endeavors to anticipate the points which the defendant will try to make, and so passes in review his life and the infamous work of the Thirty, to which he was a party, thus seeking to shut him off from every avenue of escape. ~~ 37-61. Eratosthenes proved guilty: his past life reviewed to his discredit: his plea of fear not valid: the moderate party, to which he belonged, later represented by the Board of Ten, who instead of bringing about peace, made matters worse. 16o NOTES [P. 52 37. iliovv: i.e. in other cases. Lysias thought in other cases the statement of the charges and their proof sufficient. 86a (H. 921; G. 1465) has data as subject. ~IYOVTL: dative of agent; see on ~ I. TCLa'TIV, though referring to Oavdrov, is attracted into the gender of I'Kqv, the predicate noun. H. 631; 632. aivrav: i.e. defendants, suggested by Tr OevyovIt, though singular. 6' T: why; adverbial. avSpCov: H. 752; G. 1132. Trov 7rrErrpaypj.vc"v: of 52 their deeds; literally what? &ro0avdvTrs contains the condition; see on ~ I. What kind of a condition? H. 900; G. 1436. 38. 1rpooU-iKCL: is fittZig. rp6s: with regard to. aOlra7awLo-L: we should expect the infinitive in the same construction as dwroXoycrOat. Eratosthenes must not, the orator says, try to save himself now by reference to past good deeds. TpL'papX4io-ravTs: see App. V, 2. 39. KEXEV~ET: imperative. 'or6o\v 'vrTva: what city. rtv ILeTipav: i.e. Athens. 40. -y&p: omit in translating. It is often used with adXX in a question. a- c6iovTo: the Thirty Tyrants disarmed all who were not enrolled in the Three Thousand (see App. II, 4). jpoipCa: fortzifcations. The Thirty thought their cause would be helped by making Attica defenseless. KadOtov (KaOatpEl): regarding the destruction of the walls here mentioned, see App. II, 2. 41..roXXCKLS 40ap.acra: translate as present or perfect. This is about equivalent to the gnomic aorist. H. 840; G. 1292; 1293. ToXplqs: H. 744; G. 1102. r v avav -Tv: it is characteristic of the same persons. H. 732, c; G. 1094. CaTois: subject of Epya'dEaOat. 42. WIrkOEL: the democracy is meant. irt: in the time of, as often with the genitive of words referring to persons. r.-v wpaKOO-WV: see App. I. This was, strictly speaking, just before the time of the Four Hundred. Ka0CLO-Ts (present participle): while trying to establish. Eratosthenes, in the interest of'the oligarchical party at Athens, tried to disseminate their doctrine, it seems, among the soldiers (see Introduction to the oration) in the neighborhood of the Hellespont (see Map). The army at Samos was also similarly p. 54] AGAINST ERATOSTHENES 161 tampered with by others. 'ITpoKXE'OUS: nothing is known 53 of him. 43. T v... Pov: i.e. between 411 B.C. and the battle of Aegos Potamni, 405 B.C. It is fair to suppose that if Eratosthenes had not conducted himself properly during that period, Lysias would not have been inclined to pass it by. wapioa- (rapt'?yt): pass by. vauIcaxla: Aegos Potami. a-vu op&: for an account of the misfortunes that followed, see App. II. OEv.... pcav refers to what follows. Cf. Isaeus, VI, 8: cv S' E'iv avTw^ TC^T' erpa$Ev, OOEV tKacLtoTTa?/yovbLCuL Ta TOtVTO EtvaL Jaxv6aVELV, TOVTOV v/v 7VTOV rapEeo/at Toy vdolov. e opo: overseers, to have general control of the oligarchical political machine. The name Z4opoa was given these officers out of regard to Sparta, of whose government they formed an important part. The Athenians had no such officers in their government. KcXovUVowv: so-called. ira(pwv: a name the oligarchs adopted for themselves. O-Vvoior&v: confederates; derivation of the word? KpLTlas: see Biog. Index. 44. cfX6p(Xovs: officers subordinate to the ifopot mentioned above, whose orders they were expected to execute. S&oL: H. 914, B, 2; G. 1431, 2. raplyyeXXovv: Passed the word along. PoVXoLVro: explain mode. H. 894, 2; G. 1393,2. wrroXXv (H. 753, C; G. 1140): chiefly lack of food during the siege of Athens. go-eo-OE: instead of the optative. H. 885; G. 1372. 45. ToroO: explained by the following clause. KaKgAS rTpTT6vrAwv (sc. 'uW^v): genitive absolute expressing condition. H. 971, b; G. I563, 5; 1568. SvvivaaovraL: sc. 7rEpLyEvoElat. -rwIv irap6vrwv KoKc v: H. 748; G. 1117. 1JEXX6Vmk: sc. KaKWV. 46. Ws9: that. 4c6pov: predicate partitive genitive. H. 732, a; G. 1094, 7. a-vouwpCrLrovracs: cobperating with him. ob SUval(Lpyv: because they were bound by their oath. 47. To-w4p6vouv: sc. the associates of Eratosthenes. airnv: 54 genitive after KaTa in the verb. See on ~ 37. What kind of condition? See on ~ 29. Ei'r: for, in the case of. Cf. Isoc. XVIII, 24: Kat'otL (ELvOY El Cl7Tl /LEV TOLK VLETErpotL aw'riv srpatyauaortv E/LLEvETE T0ol opKOL, E7T f T V TOV OU VKO cVTLr 7rapapaLp lV/aELV &LXELpVTETE. WAIT'S LYSIAS - II 162 NOTES [P. 55 KGKOLS: injury. Twappalvov: break. rioroivs: binding. wrp6s: see on ~ 7. KCLXL: addressed to the herald (K3pve) of the court. v~ets: i.e. the witnesses. avaP-3TTe: i.e. on the witness stand. See App. III, 5. 48. LpapTvptWV: H. 742; G. 1102. Tr... EXEratov: finally; adverbial accusative. H. 719, b; G. o1060. 4-ya0oi: construction? H. 737; G. 1097, 2. &Xkvv: i.e. KaKW^V. Eo'ayyEXLav: charges. B&rpacXos: see Biog. Index for the persons mentioned here. irXo4er0vTa (TrXAd'ro): fabricated. oUv-YKE(JL.va: trwizped up, concocted. 49. KC.L |IV 8": see on ~ 30. KGKOVOL: derivation? oivv &'hXTrrov EdXov: were none the worse off. oaowwwves: by keepting silent. While others did the talking, they showed their sympathy with them by not objecting. "Silence gives consent." wv: after p/E(o0. H. 643; G. 1153. Cf. ~ i. ot6v T';Iv: was possible; cf. ~ 31 vrcv00a: i.e. in their meetings. X'-yovres: by proposing. irorpewovres: i.e. from their evil course. 50o. 'XoL: potential optative. H. 872; G. 1327; 1328. v'pwv limits EiiotL. O~rwOS.. c. >v91o-rTcL depends on some word to be supplied, e.g. -Ko7rELTW, let him see to it. H. 886; G. 1352; 1353. Cf. Xen. Anab. 1,7-3: wrWs owVV EreTrOe aV8pes I&iOL rT1^ EXEVOEpias?) KEKTrJT-OE. Fv Tr- k6yc: in any discussion. d S'Ei p: otherwise; i.e. if 55 it does appear that he opposed the Thirty. F'Ktva: i.e. the measures proposed in their deliberations. ivavVTLovýevos: concessive in force; see on ~ 5. The thought is: If Eratosthenes says he was silenced by fear, he must be careful not to let it appear that he opposed the Thirty, as that would be inconsistent. If it does appear that he ever opposed them, it will then be plain that these measures pleased him, because he did not speak in opposition to them. Oepapmcvovs: see Biog. Index; also App. II, 2 and 3. Eratosthenes was a supporter of Theramenes, the leader of the moderate faction of the Thirty; yet he was bad enough, and so Eratosthenes should not be excused. 51. a1i46rTpa refers to the two preceding statements. rs.. 8La)opds... -yyvopevas: (that) their differences were arising. p. 56] AGAINST ERATOSTHENES 163 drw6ropo: i.e. of the two factions of the Thirty, - the Radicals under Critias, the Moderates under Theramenes. Ta9?.L: i.e. the plans of the oligarchy. rfis w6rkecs: H. 741; G. 1109. 52. Read carefully App. II, 4 and 5, for the history referred to in this and the following sections..i.. KMTELX-Tos: than when T/rasybulus had seized Phyle. Eratosthenes should have given some encouragement to the democracy, if friendly to it, at a time when it was trying to reinstate itself, instead of antagonizing it. &vrT Trov WTcraLyyeiao-0aL: instead of promising; the 7ro goes with both infinitives. H. 958; 959; G. 1542; 1546. 'EkXevtvi8e (see Map): what is the force of the ending BE? See on ~ 17. (LL^ +in'4: with a single vote, whereas the law required that each individual should be voted on separately. 53. ijX\ol[ev: i.e. the exiles. Lysias addresses his jury as if they all had been opposed to the Thirty, whereas, no doubt, some of them had been in sympathy with them, at least with the more moderate faction. aC TapaLaC: a mild expression for a fight. Lysias tries to avoid saying anything harsh when referring to the battle between fellow-citizens. c'o-Eo-OaL: (that we) should be. Ws.. S. eapev: as we both showed (afterwards), i.e. by our conduct. O'vTS: concessive. &creX0etv: i.e. back to the city from the Peiraeus. 54. E'p3aXov: not quite accurate, as the Thirty were not banished then, but deposed. Cf. Xen. Hellen. II, 4, 23: kI[74o-av7r EKEltOV3 ALEV KaTarravraL, clXXovs Se EXE'-Oa. ppXkovTas: as riders. EKELvovs: i.e. the Thirty. rovs... 40l-<rovs: i.e. the Board of Ten. See App. II, 5. E'fhovTO (alpo): meaning in the middle voice? Tros iv IIELpa.ti: i.e. the democracy. 5 55. Tovov: the Board of Ten. For names of persons mentioned here, see Biog. Index. Aarrrrpevs: of the deme Lamptrae. XCapKXet Kal KKpTCtl: extreme radicals, as members of the Thirty. iraCpeCa: club. Tots fi o-.rEws: i.e. the oligarchs. The Ten were appointed to reconcile, if possible, the oligarchs and the democrats; but, Lysias says, instead of doing so, they only made matters worse between them, caring, he goes on to say, only for themselves, and aiming at power and wealth. r64 NOTES [P. 57 56. c: by whzich (proceeding). ot... SuvvEvoi..Kl.. IrXOTOV-rovES: supply CXiJwrovv aiTOv'. 57. Xap6vrES....PX.s: seizing the offices. c4oTE'pOLs: why dative? H. 772; G. 1177. The Ten held a middle ground. Lysias overstates matters somewhat. Tois, etc.: in apposition with asn/orepots. EKELVOL: i.e. the Thirty. i evyov: were in banis/unent. 'Eireo-ov (K7r'70T): were banisked; used as the passive of 'KlX AW. ToVTWV: i.e. the wrongs that they had done the people. 58. 'EparoO-eiva: dative of association with 7-;v ai7rv. H. 773, a; G. 1175- yVL'flT (H. 776; G. 1181): mind. ToUs KpE'TTOUS: i.e. the Thirty who now, for the most part, were in Eleusis. aov"uv: the Ten. Si' 4Ris: i.e. through your instrumentality or aid. The Ten, aided by the people, were more powerful than the Thirty. Glrosovva4: i.e. as something due; notice the force of &6ro in composition. 'rELOov: of attempted action. H. 832; G. 1255. SLaPXXwv: falsely saying. BooWrTv: this would naturally arouse the Spartans, as the Thebans (Boeotians) had aided Thrasybulus at Phyle in his attempts to reinstate the democracy. See App. II, 4 and 5. 59. ToVTWV: i.e. the favors desired of Sparta. TrWv tfpCv.. ovrWov: because the omens were unfavorable. It was unfavorable omens that kept the Spartans from sending immediate aid to the Athenians at the battle of iMIarathon almost a century before. SavlvCo-aro: meaning in active? Lysander favored the plan, and secured for the Ten a loan of one hundred talents. CpXov57 Ta: as commander. See App. II, 5, in connection with this paragraph. 60. Ruo-Owcc&'tEvoL: meaning of the active? ir'Vars &vOp67rous: menfrom everywhere. Cf. Dem. VIII, 5: IALCr7roS avUKEVaUETa& rivrasVr avOpnrov3 E' oigas. ir 6X'Opw: for the destruction. iiryovrEs: calling on. rEXevrTvrES: fnally; used as an adverb. H. 968, a; G. 1564. et pj: (and would have done so) had it not been. Cf. Isoc. V, 92: <atvovrat yap KaKELVOL KpaT-qOc5VTE; tAV iVi 3aCo-LXEW3 lrpaypTcowv, El 8t \ K^pov. ots SX1ocare: you (should) s/how; aorist imperative. Kc: also. ZKE(VOLS refers to avApas. P- 58] AGAINST ERATOSTHENES 61. icas BE: sc. piaprvpa; rapioEsat. Ws WXErXoErWV: (from) as many as possible. H. 742, c; G. I 103. 6g 62-78. His claim to acquittal on the ground that he was a mnember of the moderate party under Theramenes of no account: the worthless character of Theramenes, and his treachery to Athens in her hour of dire distress. 62. E'pe 8si: come now. See 4'pw in Lex.; also on ~ 34. cW v SBvWiIaL: mode? See on ~ 3. std Ppaxudr6rv: see on ~ 3. wapo-'rjt: occur. Mode? H. 866, 2; G. 1346. KLVSUVEvOV'OS: concessive. See on ~ 5. As Eratosthenes was an adherent of Theramenes, he will try to shield himself under his banner. Hence Lysias proceeds to show what an enemy Theramenes had been to the state. 63. olaLL: Isuffppose; bitter irony. 7okXLrEv6iLevov: conditional; see on ~ i. wrpocrITOLELcaOcLL: claim/. dw6TE KCi: since even. In other words, if Eratosthenes joined Theramenes in destroying the walls, no doubt, if he had been a citizen with Theniistocles, he would even more eagerly have joined with him, as being a better man, in building the walls, - an utter absurdity, as the character of each is so different. One would never think of such a man as Eratosthenes, in view of his record, capable of doing any good. tTrov: equal (consideration). For the persons mentioned here, see Biog. Index, and App. II, 2 and 3. 64. EP7rLE'o7-rKEV: has taken place, resulted. Cf. Thuc. VI, 58 245 2: To-vavrro 7rEpdrry aUTq. OLLOV.v: cf. ~ 32. 7rpor-- aVroXwXvacLL: what is the meaning of the second perfect of this verb? of the preposition wpo6 in composition? irX'v et: unless. Cf. Plato, Apol. 18, C: oi'& Ta. dv4Lara otdv re acurjVv ElEvat, 7rXqv EL V3 KW/.y&8t0roL0t TVYXaVIvE t v. &va spoRivas: see on ~ 28. 65. ris rrpoTrpas dXLyapX(as: H. 753, e; G. 1140. See App. I. acltrrcLaos: not strictly true. Antiphon and Peisander perhaps did more than any others to promote the movement that resulted in the rule of the Four Hundred. irn: see on ~ 42. 7rpopolhov: committee of Ten who worked for the establishment of the Four Hundred. 166 NOTES [P. 59 car6s: i.e. Theramenes. rots irpaypaco-L: i.e. the government of the Four Hundred. 66. See Biog. Index on names mentioned here. rpoTrpous aCroi: before himself, i.e. more prominent. wrrXos: i.e. the democracy TOVTWV: i.e. the Four Hundred. i'pywv: construction? Cf. ~ 48 Theramenes, according to Lysias, became jealous of the members of the Four Hundred who were becoming more important than himself; accordingly, when he saw them becoming unpopular and likely to fail, he, from fear of punishment at the hands of the people, went over to the side of the latter in time to save himself. 67. OarEKTELvev: i.e. he caused them to be put to death. KCKLus: see on ~ 22. When a member of the Four Hundred he, in a sense, enslaved you, the people; but when he played the turncoat and pretended to side with you, to save his life, he was instrumental in putting to death those who had formerly been his friends, as members of the Four Hundred. 68. Lysias passes by the years from 411 to 404 B.C., probably because he could find nothing especially detrimental to say of Theramenes, and now takes up his history in connection with the close of the Peloponnesian war. Read carefully App. II, 2 and 3. rwv peylo-TCV: the most important (offices), e.g. that of general. acr6s: voluntarily, literally himself. Cf. Xen. Anab. III, 2, 4: arTO dodoas -ptZv, ai"ars eTLs 3ovs, aros 80arrar'yas. Tp IcIvqllvL: for the form, see Meist. p. 136. 69. Tis.. o.vXfs: the council of the Areopagus did not S59 strictly have any political power. It probably was using its influence, at this time, so far as possible, to bring about an amicable settlement of difficulties between the oligarchs and democrats. crioTjlpa:* object of rparrooTTV. wroXkkv: Cleophon, for example, who lost his life for his boldness. Trw6ppLra 0 rOLOVVTaL: i.e. keep secrets. 70. ivETEOiJpL1To: was convinced; the passive is less frequent than the middle voice.,v: construction? See on ~ 35. vRvi(lr0: mentioned (deponent), i.e. Theramenes, in his conference with the Spartans regarding peace, had urged them to ask even more than ~ P. 60] AGAINST ERATOSTHENES 167 they had intended. ~roXELTa V: i.e. the democracy. 4*XwLov: for the construction, see H. 748, a; G. 1118. 71. TO TXEvraCtov:finally, adverbial; cf. ~ 19. etacre: peculiarity in augment? Cf. ~ 18. 6 'foXoy'voUs... KcLp6s: the time agreed on between Theramenes and Lysander. This may have been as soon as the latter should complete the conquest of Samos, which had for some time been making a vigorous resistance. fWreSihpjLrE: had entered the city. T... Qpa7Tr6weSOv: i.e. the Spartan army from Decelea, where it had been stationed during the last part of the Peloponnesian war. It encamped near Athens, while Lysander was to occupy the harbor with his fleet. See App. II, I and 2. 72. brcapx6vTov: existing. rroXLTr(CaS: (change of) government. 60 sLarrtELXOtTO ( L8taxrEtlW). EKELVOLS: the oligarchs and Spar60 tans. Theramenes intimidated the Assembly, backed as he was by the presence of the Spartan army and fleet. 73. arraCLLtvv: disclosed, announced. KaC OWTo 8LCLKl(PtVOL: even thus situated, in such a flzight. 46opveri're: the Athenians often showed their feelings in a conspicuous way. Kca hXEVOEplUS: translate Kal by or to suit the English idiom. 74. oi'Sv: adverbial accusative; see on ~ 19ig. pAhoL: impersonal. auZTc: construction? H. 773, b; G. 1175; 1178. XMyoL: said; to be taken with inWEt8' above. Why optative? H. 932, 2, a; G. 1497. wapaJ'rr6vSovs: faithless to the treaty; probably in not destroying the walls, at the time and to the extent agreed upon. Cf. Plut. Lys. 15: 5 O T'rv 7roXLv diXtE'vaL rapao7rovoovuTav iEOTavat yap a tr-lq TwV L(epGwv, iv al E86EL KaL9p?(T)aL, 7rapPX?1 VOwV. GO-T.aL: H. 932; G. 1497; 1498. 75. YV6VTES (yLYVW'rKO). waparKEUIV: plot. &V yKV: fpressure. acLZd: adverb. CXOVTO CL7LOVTES: went away hurriedly. What literally? H. 827; G. 1256. yo~v: at any rate. avvELSOrTEs (Ov'voLma): H. 775; G. 1179. KOKW-S POvAEv6PVOL: ill-advised. What literally? 'XELpoT6vO-crav: derivation? See Lex.. 76. 4E'saELge: nominated. Why not optative? See H. 935, c; G. 1499. K9Eu-TI K6TES: i.e. by the &ralpot. See ~ 43. KtEXOLEv: H. 916; 934; 937; G. 1434; 1484; 1502, I. rwv wcapovrTov: i.e. the 168 NOTES [P. 61 Assembly, who were under intimidation. 7'SErcav (o'Sa). 77. rLe-TEUo-aL: see on ~ 27. iKELV(: i.e. Theramenes. iv T~, PovXk goes with EXEyvEv. This refers to the defense made by Theramenes in the council, when Critias, another of the Thirty, was bent on putting him to death as too troublesome an opponent of his extreme measures. See App. II, 4. Tots )kEuyou-Lv: i.e. the oligarchs, many of whom had lived in exile after the overthrow of the Four Hundred in 410 B.C. KTrQ\XoLev: returned (to Athens). Theramenes claimed, by helping the oligarchy and the Thirty to power, that he had made it possible for the absent oligarchs to come home. AcKE6cSLjovJov: the Lacedaemonians were not so especially concerned about the return of those exiled oligarchs as about overcoming Athens. Tots... UrEXooLV: i.e. the Thirty. ir6.vowv, etc., depends on a'Moo. See on ~ 65. TOLOVrTCV TVYX6dvoL: should meet with such a return. See on ~ 20. P"yy: in fact, indeed. See on ~ 6. 78. Too-o1'ov, etc., depends on alrt't. Reference is here made to the wrongs mentioned in ~~ 69-77. ToXil'o-ouva-t: plural; meaning that those who support Eratosthenes will venture to do so on the ground that they were friends of Theramenes, a man whom we have shown to have been base and unprincipled. 4droOav6vros: concessive. See on ~ 5. -'rrep before r s wrovrmjp'a means on account of. 4v dj-yapXiC,: i.e. the Four Hundred. dv: supply StK-yV 06vro3 (see Idioms). 68s: i.e. in the time of the Four Hundred, and in that of the Thirty. ryv Irap6vTrv: construction? See on ~ 37. This dissatisfaction with what was present, and longing for that which was absent, refers to the restless ambition of the man Theramenes. rY KaXX(ao-Tw vd6jacTL: e.g. in playing the role of deliverer (see ~ 68), or in maintaining that the " best" (the oligarchs) should rule. See Xen. Hellen. II, 3. 19-22. ~~ 79-91. Mercy for the accused entirely out of flace, as is shown by a review of the infamous conduct of the Thirty, to which body he belonged: his conduct, if not the worst, yet bad enough to warrant his condemnation. 79. KGLp6o: time, i.e. to decide the matter by vote. Trovrov: i.e. P. 62] AGAINST ERATOSTHENES 169. Eratosthenes. H. 274; G. 412. pi8b4: and not. IrokXeLov and ixOp ^v both refer to the Thirty, - the former, in the war at Phyle, in the Peiraeus, at Eleusis; the latter, in political life. 80. wv: attracted into the case of its omitted antecedent, which would be a genitive of cause. See on ~ 70. '-rXeLw XoPLV to-rT (o018): be nmore grateful. See Idioms. ar!-TE6: construction? H. 874, a; G. 1346. TVxs: after KaKLOV. See on ~ I. Cf. Isoc. V, 152 alXpo"v EO-TL KaXMco rT' TVxY 7yovp.kvr a TroAEtX qvat, K at /U Tqirapao-ELV (ToLVTOV 7 Q 0 3OvkETarL o-E 7rpoaLya.yELV. Fortune has given these monsters (of whom Eratosthenes was one) into the power of the city; be sure to do your duty by condemning them. 81. KarT1y'6pTTaL: the acctsation is finished against. ois: instead of Els and accusative. a6volo-EL (&va (pw): see on ~ 28. 4t toov: on an equality. TrWv KpLVOLEvcWV: of those on trial. KaOETacp1~V: have settled down. When Eratosthenes and the other members of the Thirty were in power, they did away with courts of law, and ruled with a high hand. They were both accusers and judges, which meant, of course, condemnation for the accused. Now we, since the courts have been reestablished, have no such power. One man may accuse, but others give the verdict. 82. OVlro: i.e. the Thirty. KaCT:" in accordance with. &CAovT~E: now, since the democracy and courts are reestablished. PovX6pevoL: see on~ I; also H. 902; G. 1413. wv: case, and why? See on ~ 70. T..... raO6vres: by suffering what? Ep-ywv depends on &d4av. H. 753, f; G. 1135. 83. n6r6pov: see on ~ 25. wv refers to the subject of Xadflo/Av. AXXd yap: see on ~ 40. EXOL: would be. H. 900; G. 1408. 7s limits 70oXXd. 84. rroLoivrcas: see on ~~ i and 82. KC": even. TVTLVOVV (=vTLva +o^v): H. 285; G. 432, I. Sc. &[KI7v. a'TroXLrrEtv: omiit. PO\XOLTO (without 'v): in a relative clause, depending on an expression of propriety or impropriety in a primary tense, dv is omitted; see G.M.T. 555. Cf. Plato, Rep. 332 A: dTroVor'ov Oe8' OrWoOTrtov rOre, rOT7re TrV tJ cO'rMpovi< OI'UtrO?'. &Tpov: i.e. the oligarchy. 6&ro "J 70 NOTES [P. 63 Xoy-no-6LEvos: use of this participle? See on ~ 16. ih~wv: construction? H. 752; G. 1132. 85. wv: case, and why? See on ~ 48. Supply {/sts as subject of wiX'7OteX-qvat. iKEva: those (evil deeds). SivaCvro: plural, because others as well as Eratosthenes are meant. 1i': why not o.? H. 1025; G. 1612. WXetv: i.e. into court. TWv ai.>-v: i.e. the oligarchs. ob: not (merely). LSELcV: iUll/ni/ty. -LTo-LV: H. 685; 768; G. 987; 1173. Pos0XvTaL: mode, and why? See on ~ 35 -86. W^V o-UVEpoVVTJV: i.e. those who were going to help Eratosthenes and his class by speaking in their favor. See App. III, 5. KOLXo KdOyC0OO: ironical. ai1Go-Ov7TL L: i.e. for the acquittal of Eratosthenes. EPoouX60jtp &v: I could wish. See on ~ 22. 9'j: Or; answers to the 7r0zrEpov above. See on ~ 25. WS SELVO0 XEyELV: as clever speakers. Literally what? oix... oZSeLs... oZS8d: what is the effect of this accumulation of negatives? H. 1030; G. 1619. WVhen does one negative cancel another? H. 1031; G. 1618. 87. E1'OELS: good-natured. SL.L: meaning with the accusative? SE: whereas, while. SaELV6v: dan;gerous. In the time of the Thirty it was dangerous to attend to the burial of their victims. Cf. Aesch. III, 235: 0%6 ErL TCs Ta 13 L K. EKOO)pa3 7TWV TEXEV T-qYLVT7V ELWV TOV1 7TpoTqrKOVTa3 7rapcylytyVEOaL. 88. ripas... rjplas: are at the end of (taking) veIn64 zn geance on the enemy, i.e. have no opportunity of doing so. Cf. Lycurgus, Leocrates, 60: 7Epr rp s -r'3 EL a3 av/f3CadVL w7pa Is xELy TYV aTVUXlaV oTaV aveiUoraToi yE'Vwvrcat. SELVOV A: see on ~ 36. muva-XXUvvTo: note tense. aLoZTs: dative of interest or advantage. SE: as in ~ 87. d4rr6TE: seeing that. Lysias takes it for granted that the jurors will condemn Eratosthenes. 89. rroXX^: construction? H. 781; G. 1I184. Eiva L: were; past in sense, as it = v of the direct statement. The particle Jv is omitted. See on ~ 32. Supply ETat (present in meaning) after 7, in the next clause. 'Eparo-OvELv: see on ~ I. Trv CA'Xwv 'EXXivwv: i.e. those not included among the Thirty. Although he did commit fewer evils, as his friends say, than the rest of the Thirty, yet he ý. 65] AGAINST ERATOSTHENES 171 did more wrongs than the rest of the Athenians, and that is enough to call for his death. 90. -owroV: see on ~ 37. &^XoL Eo-w-eO: personal, where we use the impersonal construction. Tois irempayiEVOLS: construction? H. 778; G. 1160. 6Oci0-Ec-OE (6p6o). rO1rOLs: construction? See on ~ 58. QETE E: be able. You cannot shield yourselves, as Eratosthenes has tried to do in his own case, by saying that you were in the power of the Thirty. gi91. wrrap&: contrary to. Though no one may see your individual votes, yet, by the verdict, the public will know your sentiments as a body of jurors. ~~ 92-100. The Thirty, deserving of the hatred both of the oligarc/s, whoml they pliunged into civil war and compelled to share their infamy with nothilng good to colmpensate them, and also of the democrats, whom they froscribed, fCersecuted, and banished without mercy; such knaves (and Eratosthenes was one of them), whose continued success would have brought desecration to the temnples and slavery to your children, worthy of no favorable consideration: the spirits of those whom they killed watching you. 92. OXLya EKaCTEpOUS: construction? H. 724; G. i io6; o1069. KMTrE'povs, and not EKaO'Tov%, because speaking of two parties. 4va.vilja-s (avaptyoivlTKw).o KarGa.aivlv: i.e. from the speaker's stand, i.e. stop speaking. yEyEvqiEivas: that have hafpfened. wapmSELyaJa.T: as (warning) examples. "IpX eOE: were ruled. 1TrTrjvTEs (65 (jOrioiat): concessive. See on ~ 5. TO ta-ov: equal rights. 65 Tois vLKoafL L: i.e. the democrats. H. 773; G. I175. VLKTOoavTes: conditional. See on ~ I; also H. 895; G. 1397. TOVTOLS: i.e. the Thirty. As it has turned out, the 3000 of the city, though conquered, have the same rights as their conquerors, whereas if the Thirty had conquered, they would still be the slaves of the Thirty, who would still be in power. 93. 4K TWV wpa-yp.rTWV: as a result of the trouble, i.e. war. eXOLrovs: sc. OLKO0V. Cf. Xen. Oec. VI, 4: OLKO S' ypJv E4(V lLVETo o7rEp KT7qOLt y7 fv/J7raO-a. O-UVWfEXEt-L0CL: to share the benefits; note the 172 NOTES [P. 66 force of o-vv in composition. -uvL8tapXXETo-aL: to share in ther infamy. rwav dyacv: construction? See on ~ 48. EKTCOVTO: im1 -perfect of attempted action. See on ~ 58. E"vous: sc. vta;. The Thirty tried to involve as many as possible in their guilt. See on ~ 30. LovTo (oLo'aut). 94. 'v T OappaXp: illn a Position of conUfidence, because of the restoration of the dlemocracy. &vSpv....apLo-rTv: i.e. the democracy. rots nokqELiOLS: H. 772; G. 1177. TCOV ErrLKOVpWyV: i.e. the Spartan soldiers on the Acropolis of Athens. H. 742; G. 1102. OMXaKas: appositive to oi%. The seven hundred Spartans placed on the Athenian Acropolis are meant. Sec App. II, 4. 95. 'v-rwv: concessive, as in ~ 18. Lxass: see on 5 20. aXkoTrpLo: sc. y T. 0 6'wXa: H. 724, a; G. 1069. AgI o^VTO (EaLetW). The Thirty demanded of various cities to deliver up the fugitives who had taken refiuge with them. Cf. Diod. XIV, 6: ACKE8L/OJVLOL dyWy4LOV3 70oL 'rpLaKOVTd ELMn'. 96. TO1s REv... TOVs 8S: some... others. iEpWv: temples. 66 6 ovias aOwrv: milurderers of themselves, by compelling them to drink the hemlock. Ta#fs: see on ~ 20. VOILtojIEv1S: custolmary. According to the notions of the ancient Greek and Romans, it was a most serious misfortune to be denied burial rites. See on ~ 36. el'ao-av: what is peculiar about the augmnent? See on ~ 18. TLjppLas: construction? See on ~ I. The Thirty thought that not even the gods could do them harm. 97. SLE yov: in the third person, while 'XOcErE below is in the second. roavTaOX6OEv EKKtpUVTTO6EVOL: many cities in sympathy with the oligarchs, or fearing the power of Sparta, refused to shelter the exiled democrats. TWv ih7rLTqSEtWV: see on ~ 44. o0 iV... ov S': see on ~ 96. worrXEqgg: (then) hostile. wwrpLa S: i.e. Athens. rrwoXXv... IIELPLL: see App. II, 5. TOVS pi.v and ToVS SB refer to the two classes of children mentioned above. 98. TOTWVY: H. 748; G. i1099. p6rpovS: character, froceedings. iowtrwv: the Thirty. C refers to iepd and /3umot. H. 628; 615, 2; G. 1021, a; 924, a. Kal: even. People often saved themselves P. 67] AGAINST ERATOSTHENES 173 from harm by fleeing to an altar, as they could not be disturbed while there. Theramenes, to be sure, was forcibly dragged from the altar to which he had fled, by the eleven executioners in the service of the Thirty; but the Thirty were a law unto themselves, and acted accordingly. 4veO e: i.e. in Athens. '4vTs: sc. y7}. o-vapovXaio v: loans, debts. pqrpa: through lack. Debtors often were compelled to work out the amount of their loans if they could not pay them in any other way. Cf. Isoc. XIV, 48: ro 70 rab8as... wroAXoVs /1gv ltLKpWV EVEKa (TVL3oXa[av 8ovXEV'VTraC, daXovS 8" rl Owredav Iidvra. Notice that the condition at the beginning of this section is fast contrary to fact, while the several verbs in the conclusion (except JEAro-ev) are in the imperfect tense, or present contrary to fact. 99. aXXd y&p: but (enough of this) for, indicating a change of 67 subject. lepcv: temples, including their treasures and belongings. Tri piv... Tr 8E: appositives to a. 48rovTo: sold. pcautvov: e.g. by entering them when guilty of murder. veopiAv: shikyards. ols: with the imperative. See on ~ 60. 100. a3-ois: i.e. the dead. The ancient Greeks believed the departed spirits were conscious of what was taking place in this world. Edlo-r-Oc (oT8a): will be aware. a.rTv: i.e. the dead. KaTErq,)LO'(raLvovs cro-eaO: future perfect. H. 467, a; G. 706. a.K~K6a'rT, etc.: note the asyndeton, or the absence of connectives, giving added strength to the climax. E'yXE: i.e. the culprits in your power. Cf. Lycurgus, Leocrates, 27: TOVTOV EXOVTES Ev T,7 vrJ)ETep" a ijoW OVK a7rTKToVELTZ; For remarks on the probable verdict, see Introduction to the speech (near the end). ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION AGAINST ERATOSTHENES. On ~ 6. Gilbert: Handbuch der Griech. Staatsalt. I, p. 168 f. On ~ 7. Meier and Schoemann: Att. Process, p. 784. On ~ 8. Meier and Schoemann: Att. Process, p. 304. On ~ I. Head: Historia Nummorum, pp. 449, 698. On ~ 18. Hermann: Privatalt. p. 362 ft. 174 NOTES E[P. 70 On ~ 18. Becker's Charicles (Eng. trans.), p. 385 if. On ~ 20. Gilbert: Antiquities, pp. 359, 364. Gow, p!. 136, 137 -Smith: Dictionary of Antiquities, under choragus. On ~ 40. Aristotle: Resp. Ath. 37, 2; Xen. Hellen. II, 3, 20 ff. On ~ 42. Meier and Schoemann: Att. Process, p. 464. On ~ 43. Curtius: History of Greece, III, p. 563. On ~ 52. Curtius: History of Greece, III, p. 540 ff. On ~ 87. Aeschines, III, 235 -On ~ 95. Xen. Hellen. II, 4, I1; Diod. XIV, 6. FOR MANTITHEUS ~~ 1-3. The speaker glad of an ofpfortuznity to review his bfe, and confident of a favorable result. 70. et ý U rVl'sELV... TOtS KUTjy6pOLs: H. 895; 982; G. 70 T 1397; 1588. Compare the opening of Oration XXIV; also Isoc. XIX, 2. EK rMVTrOS Tp0wrov: in every way. KUKWLS 4E1 TOLELV: H. 712; G. 1073; 1074. X)PLV EIXOV: see Idioms. Peculiarity of augment in tELXov? H. 359; G. 537, I. KaTyOplas: genitive of cause. H. 744; G. 1126. ao0ovos: i.e. the accusers. 4yacewv: H. 753, e; G. 1139; 1140. aTro1s refers to r70o 8tap3E/3A-q 71 7 1.voV3. cLvcyKWwO-LV: construction? H. 914, B, I; G. 1431, I. ElS EXEYXOV KacLTrO-TvcLL: to stand an investigation. T.v crot) s pEPLOjiavwy: of the acts of their lives. Literally what? Construction? H. 769; G. II86. 2. KQL t: even If. SLaKEIJEVOS::disfosed. H. 984; G. 1578; 1586. 4poi,: H. 742; G. 1102. &iKOir-: H. 916; G. 1434. pEaclILXpEL actiC: he will relent. What kind of a verb is pET rukreXev? For the tense, see H. 948, a; G. 1286. ihyeTo-0a.: consider. 3. AgW 4: I ask. d&roSedgw: what kind of condition? H. 898; G. 1403. KCLE-TI1K6O-L (KaR-TrL0T t). wrpay'YaL: established government, i.e. the democracy. 7rpaypara is often used in this sense. arGT v: meaning? H. 679; G. 989, 2. KLVSiVWV: H. 737; G. P. 71] FOR MANTITHEUS I75 1097, 2. V61Lv: as you, with rov avrT(v. H. 773, a; G. 1175. pISiv 1 rV ( poL IrXEov etvcLL: that it shall be nothing in my favor, i.e. if I can show only what is stated in the preceding clauses, I ask no favors. Cf. Antiphon, V, 95: ri lo-ra T 7rXov Tr ye a7roOavovrt; For edvat, as the conclusion of iEv daroQeow, see H. 898, a; G.M.T. 445. CaivwpaLL: meaning in the middle and passive voices? wrepti T aiXXa: concerning the remaining points (of my life). PepLWKWds: H. 981; 986; G. 1578; 1588. Yrapl rrijv 860av: contrary to the reputation that they wish to give me. vijwv: H. 743, a; G. 1114. irl TW TpLKOVTa: i i the time of the Thirty (Tyrants). See App. II, 3 and 4. roXTrcias: i.e. the government of the Thirty. See on KLVSVVWV. In this introduction, Mantitheus says that he is glad of an opportunity to rehearse the events of his life, and expresses the belief that his record will stand the test of an examination. ~~ 4-8. Facts in the speaker's life, and the documents as well argue innocence. 4. 'EXXqo-lr6vT: see Map. o-vpLopds: i.e. at Aegos Potami, 405 B.C. See App. II, I. Cs XcTrupov: to Satyrus. See Biog. Index. II6vTr(: see Map (Asia Minor). S6racrilo-opLvous: what use of the participle? H. 969, c; G. 1563, 4. -TWv rEXI V KQOaLpovp.evov: genitive absolute. H. 970; G. 1568; 1563, 1. The reference is to the destruction of the walls of Athens at the close of the Peloponnesian war. See App. II, 2. LErES^Ipiov)Lpv: were we living at home, i.e. in Athens. EOo-EOTcLE4vis: was undergoing a change, i.e. from a democracy to an oligarchy. This and the preceding participle are imperfect in time. H. 856; G. 1288. iXOoJAEv: we came home (to Athens). wrpv: what constructions are used with this word? H. 924, a; G. 1469-1473. ToVs 4wrod IvuXis: the party from Phyle. See App. II, 4 and 5. IIELPaCd: the Peiraeus, the harbor town of Athens (see Map). KaOXOtEXv: came back, often used of the return of exiles. rp6rTpov wrpiv: before; best translated by a single word. ijiLfpas: construction? H. 781; G. 1184. 5. cTWv aXXorpiLc KLVSvvWV: i.e. of the Thirty Tyrants, by aiding them in their attempt to gain power. See on ~ 3. fKEtvOL: i.e. the 176 NOTES [P. 72 Thirty. 'xOVTrS: see on ~ 3. px86Sv CLap.apTavoJo-(: guilty of no wrong. pLETCL8S6vaC: to give a share, while /TEXO) means to have a share. wokXLTCas: i.e. the government of the Thirty. See on ~ 3. KcL: even. Trv 8ipov: i.e. the democracy. The Thirty would surely not be inclined to give those who had had no part in their infamy a share in their government, seeing that they in some cases dishonored those who had helped them. Hence, the natural inference that Mantitheus was in no way connected with them in their wicked reign, and consequently should be acquitted, is the argument. 6. E',T7rva.: in the next place, introducing another point. 0-aVL8tou: list. See Introduction to the oration. Edv 0Es: foolish. EKELVOS: i.e. what follows. 4vkX.pxovs: captains of cavalry, ten in number, one for each tribe. d.wCeveyKEiV (JTro0Epco): to retort. KTa-Tor&cEts: the cost of equipflment. avcrwpTrqT: recover, get back. Construction? H. 881, a; G. 1369. The democracy, after its restoration, sought to recover the money expended in equipping the cavalry that had served against it in the time of the Thirty. 7. av 6.roSE~'~Lev: construction? H. 872; G. 1327; 1328..rwEvEXOeV0a (a7rogpoo)). o-uv8LKoLs: board of comnnmssioners. aZrots emphatic, agreeing with c(vXdpXotL. EKECVOLS TOtS yppCLLaoT-LV: i.e. those of the phylarchs. TOVTOLs refers to the list contained in the Oaacviov. 8. tiwep 'rwEvuo-a: what kind of condition? H. 895; G. 1397. oK cv iv apvos: I should not deny (it). What part of speech is kaprvo? ws: meaning with the participle? H. 978; G. 1574. l1jov: sc. av. wirEwov9e (rado-Xo). -vwq.: construction? H. 777; G. 1183. pouXev'ovras: are senators. KEXELPOTOV1FEVOVS: what is the derivation? o-'rTe: different constructions with this word? H. 927; 953; G. 1449; 1450. Tjbio-0E: imperative. avC3P0T9: i.e. on the witness stand. See App. III, 5. The case proper closes here. The next section forms a very graceful transition to the rest of the oration, in which Mantitheus rehearses with evident pride his career both as a private and as a public citizen. P. 74] FOR MANTITHEUS 177 ~~ 9-19. The speaker's frivate and public life in his favor. 9. 0 TL: why; adverbial accusative. dyo-rL: trials. 's 73. Ppc. LxpavrrCOv: as briefly as Ican. See on XII, 3. S'vWJaI: H. 916; G. 1434. 10. KaC'TXEL04dE'as: concessive; genitive absolute with o'roLas. H. 971, c; G. 1568; 1563, 6. KaL Tr&s... KML TCis: both/ th/ose... and those; in partitive apposition to ovt opa', misfortunes. 48wiKCL: I gave in marriage. In case the father was dead, the sons looked after the apportioning of their sisters. Sometimes, when a family was very poor, a rich friend furnished the dowry, - a very important matter with the bride. o0're: see on ~ 8. 4Loi: genitive after 7rXEov, with " omitted. H. 755; 643; G. 1153. T0v wGTaprpqV limits 7AXEov. 'hXous: other people. II. TrKJLýPLOV: explained by the following ort clause. K jOUS: quite like our dice. rds SLaTPLP&S rOLOVsLEVOL: to spend their time. See on ~ 2. rXlro-raL: most. TWv okTWrv: H. 742; G. 1102. Mantitheus says that he was not a gambler nor a toper, and hence was not popular with the evil classes. 12. &TL 8': andfurther. SCK v: frivate suit. ypai v: hublic suit. do-ayy'yeMav: impeachment for some offense not provided for by the regular statutes. See App. III, i. 13. irp6s: with. 'AXiaprov: in central Greece (see Map). 74 A battle was fought here between the Boeotians and Spartans 395 B.c., in which the noted Lysander, so prominent in the closing scenes of the Peloponnesian war, lost his life. The Athenians started to aid the Boeotians, but arrived too late to take part in the battle. 'OpOopooiXou: see Biog. Index. KaCTELXAyLE4VOS: Zlisted, enrolled. voRl(ovras agrees with rvrava, and governs 8Etv. KlvSuVOV: sc. Jvat 3ev. i'you[ivovs: a synonym of voU'Covras, probably used to avoid repeating the same word. &SoKLcL&O-T V: i.e. as regards civic rights. wrcap: contrary to. I'av = EKEXEVOV in force. Cf. Xen. Cyr. IV, 6, 11: a' 0c IayyoL i fao-v 70ToL OEo' EeXELV. SLcLV: object of rapaoKEcvaoav7a. &v6.p1OL: see on ~ 8. 14. rwV 8or1L0 v: the mnembers of the deme; i.e. to which I beWAIT'S LYSIAS - 12 178 NOTES [P. 75 longed. The soldiers were arranged each in his own deme. i4oS&wv: H. 743; G. 112. Derivation? SpapIAs: see App. VI.;s: see on S8. KEKTtJLEYVOS (KWrOopaL) means what in the perfect tense? yivEraL: could the optative have been used here? H. 881, a; G. 1369. 15. K6pLvOov: see Map. The reference is to the Corinthian war (394-387 B.C.), so called from a battle fought near Corinth. In this war Thebes, Athens, Corinth, and Argos were united against Sparta. It was closed 387 B.c. by the Peace of Antalcidas, a peace imposed on the Greek world by the Persian king, at the instance of the Spartan 75 Antalcidas. 4vaScVop0ivov: were holding back. rfis rpw.ris: sc. rj4Ewo. IOXEIL'OLs: H. 772; G. 1175; 1177. varo08av6vrov: note the force of 'v. XrELPL&s: genitive after 'o-rEpo0. See on ~ 10io. See Meist. ~ 55, 9, on the form. The reference is to the patriot Thrasybulus, who was said to be rather pompous and lofty in bearing. He had rendered conspicuous service in the cause of the democracy against the Thirty Tyrants. He is called the Steirian, from YrEtpta', the deme to which he belonged. See Introduction to the oration, App. II, 5, and Biog. Index. 16. 1jtLpaLs: see on ~ 4. Ev KopivOy: take with what follows. KrLTELXnJqLJev(V (KarTaXap./3Vw). 'AycrrLXc:ov see Biog. Index. ipacLX6vros: causal. H. 971, a; G. 1563, 2; 1568. po7l4lM-ovcL: H. 9Ii; G. 1442. dyacrriiTSrs: w/ith a feeling of pleasure. Cf. Dem. XIX, 219: r'Tv Elpqvrv E7rotLqraur0' ayarqr'Jq. dXLyw: see on rE.patL. TcaLaCpXov: taxiarch, a commander of a division of infantry. There were ten, one from each tribe. 4KXqpWPT: i.e. for the purpose of determining the companies to execute some dangerous order. 17. U ots.. Z ALOOToL: H. 764, 2; G. ii60. r& iyv: the affairs. rd wpo-cvrTr6JEvaa: tle (duties) enjoined. Sw. Tc ara: i.e. my faithful services as a citizen. voIat6ILEvos: being regarded. SLKalCov: H. 739; G. o1099. 76 18. Xpivov: H. 720, a; G. o1062. iroLoS'Ecvos: H. 981; G. 1578; 1587. Tos... rroXrTEvoIJe'vous: object of TKOr7TEV. EK orv 7ToLowrv: i.e. from their excellent services. KOIJ.: wears long hair; unusual at this time in Athens, except in case of cavalrymen and very fashionable young men, in imitation of the Spartans. The P. 76] P. 76] FOR MANTITHEUS'7 179 Athenian youth, as a whole, cut off their hair on attaining- the age of eighteen years. To' Ko~v6v: tlie piublic welfare. caýeFeio-OE: you are beiiefited. 19. CL~V SC. EtL' o0/Ecs: afifearance. JILIkPOV SLcUXE-Y6LEVOL: sjiea/iing ini lowZ tolles. KC.Kw~V: see on ~ I. TrciV TOLOV'TWV: H. 742; G. 1102. Kd-COyC'LO Zjcis Eta-Li EdpOVO-LE': H. 464; 725, a; G. 701; 1073. ~~20-21. His early amibition to serve tlie state, pirollifted by worthy exampfles, not to be counted against 1dmz. 20. 'rLVO.)V: H. 742; G. 1102. qLar96vjhv (aloc~avottat). VErTIEpOS somiewhat young. H. 649, b. EWErLTO.: see on ~ 6. 4c0LXR6TfoTpOV: comparative of the adverb. TOl) &EovrOS: t/han is fitimng. See on ~ iC. wTEircLTUVcL: meaning in the middle voice? 21. &t(OVS TLV6'S: worth any/lhing. EhrapOEbq (&'at'pw): be eager. See on ~ 7. TOtLS TOLOV'rOLS: see ~ 17. The meaning of the last sentence is: You should not be displeased with such people, as you have always deemed those worthy of the greatest regard who promptly come forward to serve their country in any worthy capacity. So you, if any, are to blame for my seeming boldness. Cf. Thuc. II, 40, 2: Td0V i-E,sq&'V TJ2V& (public matters) /1ETEroVTa OvK Jarpcty/Lovc AXX jxpE'Lov vopu0j'FopV. ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION FOR MANTITHEUS. On ~ 4. Gilbert: Griech. Staatsalt. II, p. 188. On ~ 7. Xen. Hellen. II, 3, 51. Meier and Schoemann: Att. Process, p. 124. Aristotle: Resp. Ath. 36, 2. On ~ io. Boeckh: Staatsh. I, P. 598. On ~ 13. Aristotle: Athen. Polit. ch. 49, P. 123. Hicks: Greek Inscriptions, p. 122. Corpus Inscriptionum Atticarum, 11, 6. On ~ 14. Boeckh: Staatsh. 1, P. 340. On ~ ig. Theophrastus: Charicles, 4; Dem. XXXVII, 52. On ~ 21.- Thucydides, 11, 40. 2). I8o NOTES [r. 79 AGAINST THE GRAIN DEALERS ~~ 1-4. The plaintiff not promfpted by spite, as shown by his conduct at the preliminary investigation. I. OaviLJovTs: because, as appears from ~ 2, he, at first, seemed to be in sympathy with the grain dealers. 'rcAv -LToT8oXwv: see on XII, 37. Ss jJ-XLT-rC: in the greatest degree. Emphatic superlative. Cf. Plato, Euthyphro, 4, D: el Ort /hLXLOta LrIEKTELVEv. See H. 651. KaLi: even. 2. wrpvWTCLVE: frytanies, or presidents of the Senate. 4rreSoo-av: referred, i.e. for discussion. aC;Vots: i.e. the grain dealers. Tots e'vSKa: police officers that looked after the execution of sentences. t|jLLwcraLL: purpose. H. 951; G. 1532. Tjv PovXv: subject of 4e1L(creat. SOKOiT: seemed best. H. 932, 2; G. 1481, 2. 1pWv: see on VII, 30. dLroXWXEvaL: differs how in meaning from the first perfect of the verb? 3. TCLra0: H.724, a; G. 1239. eIroMouSpi: H. 935, b; G. 1487. rwp6s: before. KpLo-LS: i.e. the preliminary investigation, corresponding to the avaKpto-L of a court trial. See App. III, 4. 'Lpy,: cf. XII, 6. TWv &aXXkC: i.e. the speakers. KELpE4OLS: established. 4. Apgilaqv: i.e. in the /3ovXj, or Senate. ro'rwv: i.e. the slanderous utterances as to my motives. rrplv &v: with the subjunctive, because of the negative force of the preceding clause. H. 924; 921; G. 1469; 1471,2. poV1iOree: H. 916; G. 1434. ~~ 5-10. The grain dealers' statements, when examined, shown to be false and worthless as a defense. 5. avart'Te: i.e. on the witness stand. Plural, because addressed to the whole group. See App. III, 5. WirELo-6evos: meaning of the middle voice of 7rreOo. What use of the future participle? See on XII, 16. dXXo TL: H. o105, b; G. 1604. 'o ols: for which, 81 plural, since rt, its antecedent, is used in a collective sense. 4oppfwv: see on VII, 30. Av: cf. on XII, 35. aX6vrv: officers, i.e. grain inspectors. Note the evasion of a direct answer to the question. P. 82] i. 8~] AGAINST THE GRAIN DEALERS [ 181 6. 6&woSe(gq: H. 898; G. 1403. S(KcLLOV: SC. ECrTT. Irpea-,X160M~c Trov i'6pv: probably at the preliminary examination in the Snt mentioned in ~ 3. 7. 0&rrcvyopel'wv: H. 98 1; 986; G. 1578; 1588. 6'L0J0KMTE QO'IVVp.L): i.e. as jurors. Cf. Aesch. 1I1, 6: 0' vo1Ao0ET-rqj rov^TO irrpW^rOV E'a$fV EV T) 'rWV &tKaCLTW^V o5PK0) - flotv^/Jtat K(LTC T0V3 VO/I0VS. MEC not and. 8. E-KE(VOUS: i.e. the inspectors.!LVijepov: see on XII, 28. ýPTjpwTLev: questioned (them) at the trial. "AvUTOS: a grain inspector of the previous year. XELILW"VOS: H. 759; G. 1136. r(ILLOS: higkh. 1YrrepI~cLX6VTrWV: causal of attempted action. Cf. Andoc. I, 134: EMUE OviK a&VTQJVELtT o 0iE't,3 7rapEXO(O3V EYCO' U'3 T'9V 80V~ovT 82 V7TCEpE3LXXOv..ro'T.OVS: i.e. the grain dealers. Subject of 82 ao-at 40S &~6~rLr'OV: as cheajily as piossi'ble. KGcV: even ýf- 6P3oXC: dative of degree of difference. See App. VI. 9. KcLTcLOETOaL: to store upf. Cf. Xen. Anab. I. 3, 3: o% (8apcLKOV3) E'yd Xa/3(O"V O1U-K E11 \0 i'Mov KaTEO 4LVqV E'/OL'. &V1-oVEtU-0ML: and thus run up the price in the wholesale market, as that would make the retail price higher. E'rrL': see on VII. 9. 10. wýS [%CiXLcr'rc: see on ~ I. rov'TWV: i.e. the inspectors. KCLI KML: both...and. ~II.rrE&LEo.'vovs: why not ov- instead of "? See on XII, 85. TOV'FOLs refers to vo'l.kot. ~~11-16. The grain dealers'fplea regarding the mnotives plausible but unsound. ii. &~xxc, -ycp: see on XII, 99. AeXE1a-ecrOCLL: resort. On this reading, see Lobeck, Phryn. P. 37 f.; also Rutherford, New Phryn. p. 10, nd.M.T 30 ~vr~jPOVX^j: i.e. at the preliminary trial. See on ~3. Tn^S woXecos: objective genitive. H. 729, c; G. 1085, 3. 12. E IprPMTOV: note the force of the imperfect tense. TLpfijS: construction? H. 746; G. 1133.. cUVvEWVJRE'VOS: sc. uvT03. (1rE'XLre: failed, i.e. wvas used up. viiv 8': see on VI I, i. 6pcxXp.^,I: see on XII1, 89; also App. VI. Ka~rCa JA1E8JVoV: by the measure. The dealers had acted unfairly in that they raised the selling price as if thiev had bought often and in small quantities, whereas, seeing that 182 NOTES [P. 83 they had bought a large quantity, they should have had one selling price, an obol in advance of the purchasing price, as provided by law. 13. dl: see on VII, 7. d.o-op&v: see on XII, 20; also App. V, 2. ri vILFer(pa: instead of pk^v (objective genitive). H. 694; G. 999. aiCrots KCL rots aXXOLs: i.e. they and other people have not the same interests. KCLKOV: misfortune. r-oX6o-(Lv: H. 913; 914, B (I); G. 1428,2; 1431, I. 14. TrS pv... rTS 84: some... others. Irv &XXwv: H. 643; G. 1153. Xo-yo'nOLOo-Lv: invent. II6vrto: see Map. Large quantities of grain came to Athens from that source. The methods of speculators to raise the price of commodities seem to have been somewhat like those of the present day. I5. 4'xepas: genitive. See on XII, 22. Tv-yxvIITE: see on 13. Sapppice9a: bicker. dv: if. Odro0-ov-TVvos-oV: genitive of price. See on 12. A'n'eX0wqpev: get away. iroXLopKoVp'eOc: because grain is so high. 16. wir: over, in charge of. vLoLs: wares. xypts: sepiarately. EKeLvWV: the grain inspectors. ovrowv: concessive. ToirwOV: the grain dealers. wrov-qp.as: construction? H. 741; G. 1109. ~~ 17-22. Their acknowledgment of their guilt in combining against the importers a sufficient warrant for death. 17. wCr: against. -UvvLo-Tcro-9a: combined. The retailers probably bought up a large quantity of grain, and then forced the importers to sell to them at their own price. Naturally, grain ships would avoid such a port. Trots EoirXEovo-LV = Tro Crodpois. XXhV: i.e. other than the one already made, that they bought grain only on the advice of the magistrates. See ~ 5. 4 ': see on XII, 26. 51,v: sc. jv cv. odroTpots: i.e. which of the two sides in the case. av 86o.are... d &iacETe: H. 901, b; G. 1421, 2. 18. CaltrCav: i.e. brought against them. W-ao-.rTOTpovs: more credible. dv I'... et CiLOvipEe: H. 901, b; G. 1421, I. TrWv pvovpidvv: rather than those who confess their guilt. P. S71 AGAINST PANCLEON 183 19. Kalt p.iv 84: and what is more. aycves: trials. KOLV67aTOL: of very great general interest. Cf. Isoc. V, io: vodt'oas oVi8Eor' av EvpSEVLL KaXXlo raVT-qs VWOEcoLV OV 8E KaOVOTEpacV O6E /^XX OV 5 a7racoTv y(iLV U-VX0E*PovoraV. EOereE: we should expect 'creoOat, 85 dependent on 'yo' Evot. olXwvracLL: H 916; G. 1434. 20. T'Jv rrapEXqjXv06TWV: the past. lrapacsQ6ypa1ros: wiarning. L6yLs: barely; i.e. even under restraint, they will be hard enough to bear. r'xvils: business. (jacros: 4fe. K:O EKOT rf V C pL paV: each day. 21. KaL IV 849: see on ~ g19. oi8' Cv: not even if. H. goI, a; G. 1421, 2. rW^V rraXLrwv limits -roiroVU, the omitted antecedent of of. A.evjOTKOv: i.e. of hunger. Note the tense. On the form, see Meist. p. 50. o0rOL: i.e. the retailers. 7rpoevUoripous agrees with ovi supplied from oE. 'rIOWVTaL: see on ~ 13. Ka/rrhXwv: hucksters; a contemptuous name applied to the retailers. 22. 0 TL: see on XVI, 9. &rov: for what; genitive of crime. H. 745; G. 1121. TLrLLvTEpOV: an appeal to personal advantage as well as to justice, the so-called ad captandum argument. ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION AGAINST THE GRAIN DEALERS. On ~ 2. Aristotle: Athen. Polit. ch. 43. Gow, p. Ii8. Hermann: Staatsalt. p. 488. Gilbert: Antiquities, pp. 271, 256. On ~ 17. Aristotle: Athen. Polit. ch. 51. AGAINST PANCLEON ~~ 1-8. Inquiries showing Pancleon's statement regarding his citizenship false. I. OpOUs: i.e. before the proper officer, the Archon Pole87ided at the aKL- or preliminary trial march, who presided at tlhe v&vKp0(acS Or preliminary trial 184 NOTES [P. 88 (App. III, 3, 4, and 7) of cases in which metics or resident foreigners were involved. TTjv SKqTiV i'XaXov: see Idioms. 2. erri: to, not into, as an officer was not allowed to enter a man's house to serve a warrant. He might, however, call the man outside, or meet him on the street, and then read the warrant. 1rpoo-KaXE0-c.v: slummtoned, before the Polemarch. etlr6vros: causal. Trovov: i.e. Pancleon. E'L: see on XII, 2. dw60Ev SipOOTEOiToLo: to what deme lie belonged. The people of Attica were divided into ten tribes, and each tribe into ten demes. Kcl. wrpos Tiv (UXil: also before the tribe. '-rTLvos: predicate genitive. H. 732, a; G. 1094, I. A KEXEL6OEV: in the deme of Decelea, sc. 8-ql/OTrVOtTo. "Wrps rols... 6.K.'ovTarS: before the judges for the Hizppothontian (tribe), of which Decelea was a deme. These judges, forty in number for each tribe, attended to judicial matters in which any of the ten demes comprised in it were concerned. By going to the tribe as well as to the deme, the speaker seeks to make himself doubly sure regarding Pancleon's status. 3. KoVpELov: the barber shops then, as now, were great places for gossip. rrapc: (along) by. 'Epp&s: the Hermae. These were square pillars, topped with the head of Hermes, in the market. 'va: where. wpoo-oLTaroo-LV: resort, come together. T: and; used as a simple connective. 4ESupCi-KOLL: H. 914, B, 2; G. 1431, 2. T~ S L4iv.. TrS 8E: see on XXII, 14. (EovYO: was defendant in suits then pending. WX.'iKOL: had lost, i.e. in the past. The fact that Pancleon had been convicted before the Polemarch showed that he was a metic. 4. 84 is often omitted after Ertra, even when /iv precedes it. Cf. Dem. De Corona, I: rrp^orov JEL, w avSpVe 'AO-rva'ot, r0OZ OEOL;... ErtO' ' 7rEp &ert., KTX. KCTaSLKcraiLvcLv: meaning of this verb in the middle voice? ErCLXaPe: stop; addressed to the one in 88 charge of the water-clock (clepsydra). The flow of water was stopped when witnesses were examined and documents read, and reopened when the speaker continued his discussion. 5. avTreypcbrao: put in a counter plea. EtclrayylJyjov: admissible, i.e. before the Polemarch. rept rokXoi 'roIOVplevos: see Idioms. P. 90] P. 90] AGAINST PANCLEON 8 185 1Jfpltew, to be insolent, depends on /3VAov-OacL. SCicrjV X&PELV: See Idioms. wv: attracted into the case of the omitted antecedent (a genitive of cause) 6. F.KEL'VW: dative of possession with 3'vrc. 6'j: then, naturally. a4YVoO~VrES: causal. f'Xeo'VrC by going. YXWPO'V TVp6V: green cheese (market); metonomy. Cf. Aristoph. Frogrs, 559: TO'V rvpo'v I/E T ~Xwkpo'V TOaAV o'V OVITo a vTo23 ro~ts raXa'poL3 KcLTy'o-OLEV. fl'w0 KaA V&.: (lie last day of the mont/i. The new month began on the evening of the last day of the old month. This was the time when bills were presented and paid, and general accounts settled. Many people were likely to be in town then. At such a time, the orator means, he could inquire of many Plataeans about Pancleon, who claimed to belong to them. For the form 4'vy see Meist. pp. 66, 130. 7. o1vSev(: dative of possession with 3'v. O'Eo-.rc^1rcx: used of a slave who had run away from his master. Cf. Thuc. I, 139, 2: aVapa7rOswovV 7ro8oXT'jV rTw^ ac/ALO-TcLE'VwV. ~rexv-qv: business. ~~9-12. Pancleon, a runaway slave, now saved by bullies. 9. iJEpms: see on XII, 89. 4y6p~Evov: bein,,g led off (c1l 89r0vXct'av) into service as a slave. A citizen coming upon his runaway slave could take possession of him again. If any disputed his claim, it had to be settled before the Polemarch. wipourf-XOov: afi~roached. 1rc~v -rovrcw -irao~pvwv: i.e. the friends of Pancleon. rurr L'rVTOlrLS: On these Points or stateinents. 7rapiewEL: to Produce (him). 10. avrnyp~fs: counterpilea to the Polemarch at the a'~p~ See App. 1II, 3 and 4. BL'KoqS: i.e. the main point of the suit. T~L XVywv: on what grounds I Literally what? i4V ots: (as for the points) on which. ci-Eav: i.e. into slavery. IIr. j3LCLLoITTos: see on XII, 22. 'OE'XOVTOS: concessive. iroLij(0.VTES... j.OVrO: agree with oet 7rapoyvro;- These friends 90took Pancleon off with them. 12. ýCXSLov: SC. E'0-7-'. [LJ' o"TL: not Only not, not to Say. "O-TLS: he who. Ewvri1SELOUg: the same as o' 7rcapovrE3 7roiVrc in ~ i i. rt P~cLLOLS: i~e. &KWy /3Lcudv, or suit for forcible seizure. yvc:se 186 NOTES [P. 91 on ~ 9 for meaning. YXcXr6v (&eon). KaTaorTiroas: by producing. a-ocaros: freedom. ~~ 13-15. Pancleon's blustering and final yielding on a former occasion when brought before the Polemarch; his temporary withdrawal to Thebes. 13. 'rokXXoi St: is far from. Literally what? o-Xe86v r: pretty well. TL: adverbial accusative. dvropooia: pleadings. See App. III, 4. A&pjLLrPiTWv: (Pancleon) claiming. ol: indirect reflexive, not frequent in the orators. H. 685; G. 987. S6LlapTvpit: he was affirmed on evidence. 14. *orlcr-KqlapEVos: having brought suit, i.e. for false evidence (because the witness denied that Pancleon was a Plataean). ireSh9xevv: prosecute. vrWEpipepos: i.e. for the payment of damages. ijTIELtE: settled. On the form, see Meist. p. 145. Kc0* oTL E'TELeE: as he persuaded him (Aristodicus) to settle it, i.e. on the best terms that he could get. 15. rpiv: see on XII, 17. aQrj: with him. pikXXov i O iPrlOLV: because the Thebans and the Plataeans had heartily disliked each other for many years. ~ 16. The defendant convicted by the facts. ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION AGAINST PANCLEON. On ~ 2. Meier and Schoemann: Att. Process, p. 88 f. Aristotle: Resp. Ath. 53. Gilbert: Antiquities, p. 377. On ~ 6. Muller: Handbuch, I, 562. Gow, p. 79 f. On ~ 7. Aristotle: Resp. Ath. 58, 3. Meier and Schoemann: Att. Process, p. 619 f. On ~ 9. Meier and Schoemann: Att. Process, pp. 658 f., 659. On ~ 12. Meier and Schoemann: Att. Process, pp. 646, 66o. On ~ 13. Meier and Schoemann: Att. Process, pp. 827, 842, 848. On ~ 14. Meier and Schoemann: Att. Process, pp. 491, 964. P. 96] FOR THE CRIPPLE 187 FOR THE CRIPPLE ~~1-4. The attack prompted by jealousy; the objections to his receiving fublic aid stated. 1. wroXXov 84o: see Idioms. Cf. the opening of Oration XVI. XCaPLv 'XEcv: see Idioms. wp6acLo-rLV: occasion. SoEi(v: H. ionI, a (last part): G.M.T. 677. TovTov: i.e. the accuser. 2. ToVTOLS: i.e. disabled people. CKvEK4: note the unusual position of this word. o-VKO MVTEt: this sudden stop is called aposiopesis, or reticentia. A gesture or a laugh might have taken the place of the omitted apodosis. 3. SjXk6s o-Tr: the personal, where our idiom uses the impersonal construction. KEXPTIJL4VOS: concessive. See on XII, 5. crvIJ4opj: i.e. bodily infirmity. e'nrTqcvpa1Lco-LV: pursuits. SdvocLv: mind, intelligence. Tv kXXov P3ov: i.e. his moral conduct. f tlo-ov: on a par with. 4. Tr&Wv 4&vv'oTwv: predicate genitive, after eTmL. ~~ 5-9. The second objection answered. 5. TEK"PqpLOLS: as proofs. avaXCokKEiv: depends on 8vva/i'vots. P(ov: living, support. Cf. Thuc. I, 5: rpOraýov Ka TOV 7rJELtTTov ro l3ov VTovOv 7rotoVTro. TVYX.Vef: sc. Wv. 6. rp(rov rTOS TrorTl: (only) now the third year. Cf. Dem. LIV, 3: Ee$XOov, ZTOoro rOTL pTrov, Eld IHVaKTOV..epawTOc'o-Lcr: H. 911; G. 1442. K'KTiltLM: meaning of this perfect? SLcaSE6p6evov: to relieve, i.e. I have no slave to do my work for me. &N4 -96 va-Oe... KLV6UVwio-acLLLL v: see on XXII, 21. 7. fo"riLV: for accent, see H. 480, i; G. 144, 5. ippovqv: used as an adjective. KcK6v: i.e. infirmity. TOTrov: i.e. my accuser. KaC: even. -yp((s: harshly. SLaKELIJ4vous: see on XII, 73. 8. e... , wvotp*v: kind of condition? See on XII, 83. T6T: emphatic. 9. Qv: note its force. Xop-qy6s: see on VII, 31, and App. V, 2. irpOKcarga(lqv: challenge. 4vTLSoo-LV: an exchange of property. 188 NOTES [P. 97 A man, when appointed to perform some liturgy (see App. V, 2), could, if he thought himself unfairly treated, challenge another whom he thought wealthier than himself to assume the liturgy, or to exchange properties with him. If the challenge was declined, a suit might follow. Many people of wealth, however, were glad of an opportunity to perform some public service, as it gave them an agreeable notoriety, as well as influence in their community. In this passage the cripple, by saying that his accuser would prefer to act as choregus ten times rather than to make a single exchange of property, emphasizes his own extreme poverty. KaT'qyopeV WS: to say in his accusation that. lo-rov: see on ~ 3. 8S: whereas, while. TOLOT-ov: i.e. poor. wovlpodrpov: more wretched. The accuser, if challenged to an exchange of properties by the defendant, would be quick to admit the latter's poverty to be as great as represented, and even worse. ~~ 10-14. Humorous refutation of the first objection. 10. iLTrLKS (r7TVr]): horsemanshib. Rather high-sounding in this connection, as skill in riding is not the question here. o'yos (ErT'). TOVTro: explained by the 3"rros clause. cXooa-o4etv: 97 EL study. Cf. Isoc. XV, 121: 70rovr7 E`0toro' KaL TOVT ETrpacTTEV, O7rrow /LS8E1La TWV 7roTTXEv aVTOV ofo/j'cTEraL. TcLrTIV: attracted into the gender of lao'TTOvyv, as a relief. Tv Ava-KaLov: of the necessary (journeys). 11. do-rTppdls: a chairlike saddle, well padded, much used by women and by sick and effeminate men. As it was used on mules, the word came, by metonomy, to mean mule. &vipaUvov: sc. av. aXXoTpLovs: i.e. borrowed horses. 12. 'TL: because, as. iTri'pvovu: = aXXoTplovu of ~ I. Cf. Xen. Anab. V, I, II: alTrda'1AEvot rapa Tpare4ovvrtwv paKpa rrkXota. KaTilTyopet depends on arorov. TOoro: i.e. the use of two canes. T~rv 8vva4Evcv: of the able-bodied. Predicate possessive genitive. TEKIPIpLp: as a proof. oaiOT-4poLs: i.e. horses and canes. The argument of this section is, of course, absurd, no doubt purposely so. r. 98] FOR THE CRIPPLE 189 I3. SLEViVOxEV (8&a Epw). roaovtrous: so many. Hence what your eyes see should outweigh one man's statements. Et.. E LUL not a future condition, but a present intention. H. 893, c; G. 1391. Cf. Xen. Anab. I, 3, 16: EL SE KaL 7-6 Yjy-EkOVi 7tLcYEUTrOfLEV....T KWXVAL Kal Tr aKpa 7ltLV KEIXEVEv Kipov 7pOKactrXa3ELV; Kk poOcTacLL: from being chosen by lot. If I am sound in body, I am eligible to those offices from which physically disabled people are excluded by law. Tc^v ivv&a &pX6vTrW: (one) of the nine arc/ons. See App. III, 7. dPoX6v: see App. VI. To1rcT: i.e. my accuser. It would be just as reasonable to consider a physically sound man like my accuser a cripple as to consider me a sound man. oa yCp 86irov: for surely not. & LapiJ'E-eE: for the different cases 98 used with this verb, see Lex. oL eea-1oeE4aL: the six junior archons (see App. III, 7), who numbered among their duties that of drawing the lots for the choice of officers. 14. AXX6 y'p: see on XII, 99. Tollc: see on XVI, 3. ciowep ErTLKX pOu... ovhrrjs: as if my misforltune were an heiress (to my allowance). If there were sons in a family, they inherited the father's estate, if not, the daughters, called E7bK qpot, received the inheritance, whom, in order to keep the property thus inherited in the family, the nearest male relatives were entitled to marry. Hence the speaker calls his ovp4opa an E7TLKXkpOS, as dowered with his allowance..41L Sr7P1TAV: see on XII, 16. aewv: see on VII, 7. o refers to pýuAAov... X'yoti. 3. 15-20. The speaker's defense of his general character. 15. O EpEPs dVOpaffEL: call ine hard names, e.g. vpLO-T. ov: zif. Supply the verb ovos&d'o. -aOia 1T-olcov: i.e. speak the truth. 16. E(K6S: SC. (ýTC). rroXXk: see on VII, 4. The poor and infirm cannot afford to be insolent, but rather the rich and strong. SLavo(aLs: thoughts, notions. 17. EWvoVVTcLL Tovs KLVS1JVOs: by paying their victims a sum of money by way of settlement. a6tOvwvrcT: note the force of the middle voice. &46roEpoL: i.e. the young and old. Igo NOTES [P. 99 18. iTorXovUrLV: conditional. PovXuedo-L: H. 914, B (I); 99 G. 143i I1. TOvs VwOdptaaLS (7Ti ip/3Epw): those who began (the abusive conduct). carrcp TL KUX6V: as it were, somethingfine. 19. 's: preposition. wovqpois is more to the point than 7roXXovs, as it was to the character rather than to the number that objection was made. 20. Txn: sc. Kwpocr CLco V. K(VCLr-ýTKE1YTVO: engaged in business. The market place was the center of business activity. KGTcvyV O-ETCL: H. 752, a; G. 1123. iKE(VWV (Tovr-qptav KaTEyVwTETcL). dLo0y irou (= wov + yE + 7rov): somewhere or other. 4p6s is Doric for L"; See Kiihner-Blass, ~ 176, n. 5. ~~ 21-27. His Plea for a continuance of his obol a day. 21. 4XXa y6p: see on XII, 99. 0 Ti: see on XVI, 9. Otv: a case of hyperbaton, or transposition of words. Take with the verb ivoXelv. ~rv.cytorcV: the main points, i.e. physical in100 firmity and great poverty. Trv.. caLmXcv: thlings as common as thlis man, i.e. my opponent, - a thrust at the accuser. 22. ov l6vov: partitive genitive with /ETaXaf3Elv, and limited by 'rv. It has the following ToVTov for its antecedent. dpXyv: offices. 23. &7rErOl1pqLE'v.Os 6y9V: the compound tenses formed with the perfect participle and the copula cdCl give prominence to the result of the action denoted by the verb. d': supply Ta^ Ta, the omitted antecedent. wpovoestoacL: taking thought for. Followed by the genitive. TrLOiVTW: such, i.e. as to vote against me. 24. OTL: causal. obS' Els: more emphatic than oSid's. See on VII, 28. 25. 4cjopiais: conditions requisite for such behavior. Cf. Dem. XXI, 137: TiV ft'av KaL 7TiV 4LXorpay(LooT VV7V OpcVTag Ti/V TOVTO) KaL 7T/V aO/pLq v, 7rEp Y(vTpvpOV rOELE KOL fOEpOV TOV KaTaW7TU(TT0V TOVTOVL. XacKiSa: on the island of Euboea. See Map; also XII, 95. it6v: see on VII, 15. drrivmyW: an exaggeration 101 emphasized by its position in the sentence. 26. pSFv: why not o38v? See on VII, I. Trats CiLXas povXats: i.e. when you granted me an allowance. &pXgv GpXpv: to hold P. 105] AGAINST ERGOCLES 191 office; cognate accusative. EbOvvas: see App. IV (near end). XX&... X6yovs: almost the only touch of pathos in the oration. 27. E'Q rnTv Xcpwv: see on ~ I. OV'TOS: i.e. by granting me an allowance. TOVwTv: i.e. justice. rTv doo(ov aiTWr: those like himself in strength. ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION FOR THE CRIPPLE. On ~ 6. Hermann: Privatalt, pp. 91, 399. On ~ 9. Meier and Schoemann: Att. Process, pp. 738-744. Gilbert: Antiquities, p. 361 f. Smith: Dictionary of Antiquities, under dvT'o8OL. On ~ II. Becker: Charicles, II, p. 14. Hermann: Privatalt, p. 481. On ~ 13. Aristotle: Resp. Ath. 7, 3; 26, 2. Gilbert: Antiquities, pp. 153, 157. Meier and Schoemann: Att. Process, p. 240. Boeckh: Staatsh. I, p. 593. On ~ 14. Meier and Schoemann: Att. Process, p. 614. Smith: Dictionary of Antiquities, under Epiclerus. AGAINST ERGOCLES ~~ 1-7. The treachery and dishonesty of Ergocles in Asia Minor; the connivance of Thrasybulus. I. For 'rrCXoyos in title of the oration, see Introduction. irpogivos: consuls. IK rWv VET'4pov: from your possessions. 2. aToLs: i.e. Ergocles and his associates. Jv: H. 741; G. I109. KaclraXVLVS o: going to pieces. "105 3. Ta'is dtoropats: see App. V, 2. 4v Twi rwOs Xpdvc(: hitherto, up to this time. Te~os: an adverb, in the attributive adjective position. See on VII, 12. otKov: estates. 'ov: temporal. 192 NOTES [P. Io6 4. Opeo-viopoxs: see Biog. Index. dLrOS8i'ELV: render. Note the number of infinitives that depend on rE'yyE'XEro. o14Evca.V..rLTPEa\I c forms the apodosis. 5. "XXWS TE KCL: see on VII, 6. IirELS1 rXL-ra: as soon as. Cf. Latin cum fPrinmimI. &rroypdIa.L: report in writing. d0Xewv: visited in his cruise beyond the Aegean Sea. apXaywv vO4.wv: olN laws, i.e. those pertaining to the collection of taxes from the cities of the Delian confederacy from 478 B.c. down to the time of the Peloponnesian war, when many revolted against Athens. Those old laws do not hold now as in a time of peace, because now there is in a certain sense war. 'XELV: i.e. as a pledge of security. 6. EKKO'+rfS: fput an end to. WrOL'TELS: cause. Kaefi-eaL: 106 106 sit at home. LTv 'EripwV: H. 740; G. 1097, 2. 6LXoXavura v: had a taste of. XXorploUs: aliens, who were no longer bound to be loyal. 7. apýdLEvoL: to be obedient, i.e. subject to your authority. XwpLa: strongholds. o-c7EpOLS LV'rwv: see on VII, 7. rpo'S roi'Tois: with respect to them, i.e. Ergocles and his accomplices. ~~ 8-11. The timely death of Thrasybiulus; the efforts of his partners to save their lives by bribery. 8. rEXEuTi-CLs: Thrasybulus lost his life when about to start for home to render an account. The speaker here says that he was fortunate in the time of his death. T'81: e.g. in his grand services in connection with the overthrow of the Thirty Tyrants fifteen years before. See App. II, 4 and 5. Cf. Xen. Hellen. IV, 8, 2;30, and Diod. XIV, 99. 9. wvousivovs: pfirchasing, i.e. by giving bribes. +iuyCs: lives. rTV XEyE6Vw: the speakers, i.e. the o-vvryopot, or public prosecutors, appointed probably at the recent meeting of the assembly, here referred to. wapa irowrov: i.e. Ergocles. Wv: H.749; G. II20. rj TTa E-reE: suiicciumb, by accepting bribes. 10. KPLVETaL: is oH trial. SLKa(OLS agrees with the omitted 107 3O 107 airoL, referring to pPxovox, officers. Ls rrXeto-.ra: as niuch as possible. +eXojoIEvoLs: taken secretly, embezzled. Note the P. 109] AGAINST ERGOCLES 193 force of v(V' (vr-o) in composition. rw4 a4 Tip6r... cirep: i.e. by bribes. I I. irapaoKEuTis: intrigue, wepl ' irXtovoS Troim o-OaL: see Idioms. ~~ 12-14. The fast record of Ergocles not an offset to his recent crookedness. 12. 'AXLKaPVaGo-o-oO: see Map (Asia Minor). &px-s: command, office. &wC 4vtX-s KcTrfiXOe: came back from Phyle. See App. II, 4and 5. Ergocles will try to offset the present charges against him by calling attention to his loyal conduct in the struggle against the Thirty Tyrants. 13. MwoXrCas: predicate accusative, agreeing with rovrov;, the omitted antecedent of ro-ot. vwr6Xoyov: taken into account; i.e. placed to their credit. KECVWV: refers to ros 4.tKoVVTas, e.g. the Thirty Tyrants. See App. II. 14. olt jev: i.e. the Thirty. TOV'TOLS: such as Ergocles and his associates. An open enemy like the Thirty is preferable to dishonest officers who secretly take advantage of your confidence to rob you. To \ Ol VTOLS EtvaL: so far as these are concerned. TO... Etva,: adverbial accusative. H. 956, a; G. 1534; 1535. ~~ 15-17. The condemnation of such feople necessary as a wholesome example. 15. aVTELXOCfiO ai: laid hold of, obtained. 'Xwts (co-T'). 8vo-rVXýo-riv~: if unfortunate. 8CKTqV XaceLv: see Idioms. 16. aLv....wo-~iOre: H. 898; G. 1403. a.vrwv: yourselves. See on XII, 33. XPTO-~o-0e: will have. Edo-ovVraC XGPLV: see Idioms. Av1Xw\i('voLs (&vaXt'Kw): i.e. in bribes. eX9pdv: personal enmity, i.e. you will be hated by those whom you sought to punish. EKELvOLS: i.e. the money. 109 17. KCal LEV 8I: see on XXII, 19. wo TroV'TWV 1SLK'TqRvoL: see Introduction to the speech. Xap6qT1e: as future perfect; so o-woyre, below. See on ~ 16. wiroSovval X&pLv: see Idioms. Note the force of awro- in composition. We learn from the next oration, the one Against Philocrates, that Ergocles was condemned. WAIT'S LYSIAS- -13 '94 NOTES [E. 110 AGAINST PHILOCRATES ~ 1-5. Accutsers few becauise bougidht zip by the defendant. 110 1. Epr1116rEpos: i.e. of accusers, because so many, have been boug-ht off. iTrELXOV-VTES (a'7EtXE'W). 6': see on VII, 42. oQSMvOs EXO/rrov: second to none. Literally what?.rroypacfis: indziJ;;ient. EtXE: the subject refers to Philocrates. cL1TcLXXcLacLL: escape, by bribery. 2. SLarLOE'S: mnanaged. Tr6XEL: i.e. Athens. K6SEo-1-aS: relations. See on XXXII, I. OLKEL6rOTO L XPfrO: li-ved on very friendly termliis. 3. lp'L ~rrXciovos EWTOLEiO: see Idioms. ct'irTv: i.e. Philocrates. TO) TAEEVraCtOV: finally. Adverbial accusative. See on XII, ig. 4. SELVOV ('07'). oXOiVPOoVrVaL: because of the heavy financial burdens. Tpv'qpcLpxoUVTeS: see App. V, 2. KEKT'r1VOS: see on VII, 32. vnE'cro-rq: uindert-ook. X' rovpyCav: see App. V. 2 t1LRLWq()OT6JLEvov: to suffer loss. See on XII, 16. ro1'Tou: Philocrates. See on VII, 30. 5. E-VOV: Ergocles. It appears from this statement that 112 5 Ergocles was condemned to death.;'+Dpq14ivOv:o see on XXVIII, Io. unS Epov: note the ending -rnpos;, used in speaking of two things or divisions. Cf. E&4rEPOI instead of E"KaoT0T. See on XII, 92. SE&6XOCLL: it has seenied good, i.e. it is clearly proper. Note the tense, emphasizing the result of the action. Connect with?yov/JkaL. 1JJiTfEp okrTv: see on VII, 7, for construction of cdrrvT. ~~ 6-7. Philocrates and his chief's jrofperty. 6. rotS XE'YOva-LV: i.e. the public prosecutors (ovviqyopoL). PayXopLvwv agrees with VJ10Jv, implied in V's1E-rpav. oi~T-os: i.e. Philocrates. KoI1Lt6'Evos: recovering. oLZ~rwv: i.e. ot XEyov-rq, who had been bribed, but were afraid to appear for Ergocles, on account of the temper of the people. 7. cdL^kZ: SC. Y r"a EKE(VOV: Ergocles. T6AXqs: see on XII, 22. RLcpTvp'j-ovcTLV: see on XVI, i6. Philocrates now tries to make out that he was a bitter enemy of Ergocles. 6La4EpO~E"Vov: conditional. See on VII, i. P. 116] AGAINST PHILON 195 ~~ 8-14. Embezzling and bribing not to be excused. 8. 4pLtv &TotS: H. 764, 2; G. I160. KCLTaciOEL: fay down. To7vTW: see on VII, 30. 13 9. a4vrpc ac1rv: see on VII, 7. dlcrlp(Lv: i.e. war 113 taxes. See App. V, 2. 6pytoLa-OE: see on XII, 83. TO'rrous: i.e. 7ro^C 'j 8vvayIE'votq, above. 10. Ees.v.. a-VVeLSwrLv: as long as they are conscious. rpayJCLTrwv: trouble. 11. Toi (ra4aLros: i.e. life. r... OVVELS6TES: sharing with the thieves the knowledge that the froferty offrivate individuals was lost. rots ahrots: i.e. the same penalty as that inflicted on the thieves. tvEXOLvrO: should be subject to. 'EpyoKXEL... KXi'rTOVTL: sharing the knowledge with Ergocles that he stole, etc. Iw(l: on, against. lXca: as prizes, rewards. 4vrT ris a{rro0 ^ rovqp(as: in returnfor his own meanness. 12. OVTOL: the accomplices of Ergocles. awrots: dative of agent. H. 769; G. I186. 13. EKEC: i.e. at the trial of Ergocles. See the preceding oration. a: subject of drorp;E'ý1E. 114 14. XPRCLTLO1vos: future participle of purpose. See on XII, 16. oih'os: Philocrates. AGAINST PHILON ~ 1-5. The flaintif's afppearance against Philon fromftted by his oath as senator; definition of a good senator. 115 i. c"Ivv: i.e. up to the present moment..6Xkps: see on XII, 22. SoKLtLaar-Gi-61EVov: see on XII, 16. iv... 116 16 roXXci: adverbial accusative. H. 719, b; G. io6o. 6R6-cas: i.e. as senator. Cf. Xen. Mem. I, I, 17: TOV /8OVXEVTLKOV OpKOY O/Aooal, EV (E 7)V KcTa TOv3 Vo/AOVq /OkVXEV'ELV. 2. rE': simple connective. See on XXIII, 3. dvrocavftv: preserving the tense used in taking the oath. The senator said dro/xavJ. rWv XcLX6vore: sc. 7y KVaL4LO: Of those who obtained office by lot. povXaEVeL: to be a senator. ercLwrropov6Levos: follow 196 NOTES [P. I1 ing up. This word is unusual in this sense, /AETEpXolatL, or LETfELtLL, being much more common. rT 8vcvaOreaL: causal with drapOde' (6ratpw), led on. H. 959; G. 1547 -3. The meaning of the first sentence is, that the accuser is not so perfect a speaker as the accused is a perfect knave. KGL owTos: as he. 0 rL: though singular, refers to roaiywv. See on XXII, 5. 4. &1rELplaCV: ignorance. OiVrqT: see on XII, I. KaLKLaLV: ibad name. Etp Kw's & d'rjv: the speaker uses the rare perfect optative, because he transfers himself in thought to the close of his speech. ipdiv limits Troirov;, to be supplied. jELolc: greater than I can. vrokiww: see on VII, 2. wro.XLV avrois: themselves in turn. Others were to follow with speeches against Philon. 5. irpds: in addition to10. KCLL: also. TroTrov: i.e. to be citizens. SLa4'povrca: differences. VErrLrilqsCWS: euphemistic for KaKW1. 117 76 goes with yEZo-Ouat. See on XII, 13. ~~ 6-14. The defendant's disloyalty and desertion in time of the country's need. 6. +uo-EL: by nature, i.e. born so. OTOL 84XOC EIO-Lv: not followed here by participial construction, because of rapEFvre1 (disregarding). Such men were rather citizens of the world, something not at all agreeable to the typical Greek of those days. 7. nrp'L wiXEovos 1roLTo-adAEvo0v: see Idioms. WloXLracs: with byocLs. See on XII, 74. 8. ' crvoLcop&: i.e. at Aegos Potami, 405 B.C. See App. II, j. KOTA TO-ooTOVro: (only) so much, apologizing for referring to the misfortune. pi.4vT1IJ.L: what form? what force? H. 849; G. 1263. w.XiOous: i.e. the democracy. 4vkqis: see on XII, 52, and App. II, 4 and 5. IELpaCL: i.e. when the democrats were successfully opposing the Thirty. See on XII, 53, and App. II, 5. 9. fvE'v8sE: i.e. from Attica. Triv wEpoppOaV: i.e. beyond Attica. 'flpow w: see Map. LETroCKLOv: the tax paid by a metic or resident foreigner. w7poo-rrov: see under Life of Lysias, p. 16. pIE118 p&XXovTo: used of a change from one political party to another. iXEttv: comnze back to Athens. 4wrr' KUTELpyjaaGEIVOLS: after all wRas P. i1q] AGAINST PHILON 197 ended, i.e. after the struggle was over. Cf. Herod. VIII, 94: ir '$1Epyao-/V0Lotot AEX6ELV 7` o-roOpaT '2TE~O. C-Vt9Ep6VTWV: benefcial.,rat=L: used of an appointment to duty as a soldier. 10. 'Irpo6LS60vcLL: i.e. by leaving the country. ~IA, and not ov', because of the participle wpaTTovTas, which is conditional. Supply i'/ag ii. -yvc~ijq: withi intent, on piurpoe SIrLTV genitive of cause with Jpytico~Oat L` i7j &LKE-LV: people who are able to refrain from wrong doing, and do not do so, are especially exasperating. CLZTOi'S: i.e. the poor and the weak, who cannot help doing wrong. 12. oVihos: Philon. (rvyyvW'p.qs: see on XII, 20. X'tITOVPY*!V: see App. V, 2. fLL-oiTo: see on V11, ii. 13 CL4 ~v yet truly. Toy's fi1rpovs: one piarty. -irpo~oi's: 19i.e. by helping neither, and goingr to Boeotia. 4)(kov: dear. css: preposition. H. 722, a: G. 1220, 8. rois TrON llE(LpcLLC^ KMrMXCL3OVo-rLv: i.e. the democrats. 14. 7r~pCUo-TL: remains. TOV6T(i see on XII, 58. WLTý fEKEC(cY: take with /3ovXEv'EtV. 'yivovro: H. 870; G. 1507. Cf. Dem. XXI, 209: CFOV/EL(LOO', c' JISpE19 &Kao-7Tcu., Et' -140WTO, 0 /Iq yEVOT oV CUMa, OVTOL K1vptW T-1 70,rOXT'ag. XC'f~warL: seize, control. as did the Thirty. See on VII, 2. Pov\VXELVL1: see on ~ 2. EOETO T61 &rrXct take his pilace; i.e. for military service, because he had run away. H~ 15-16. The defendant's pilea of ui~fitness for the duties of a soldier false. 1 5.- aF.CTL: dat. of means.- 41yvoqv'qv: having come upo~n. 'r6Ov VWELPXo VTCWV: his firofierty. ftcTE.VE-YKEV (Wr#'01pw): infinitive where we should expect the indicative with W`,, as in the case Of KaTE'OTTV. OZ &UVVCLjLfEVOL XT~yrovpyciv: those not able themselves to serve for any reason often helped others, as, for example, the orator Lysias, who, though a metic, did much when in exile to aid the democracy. See Life of Lysias. 16. KG(L': not and. IrCLpEX90VT&: i.e. the speaker's stand. ALO-_ rLIov: otherwise unknown. 'AXcapvtc: of Acharnae, a deme north of Athens. 07rXLcra.L: aorist infinitive, like -r 'eat in ~ 9. 198 N~OTESS [P. 120 ~~ 17-19. That he was not merely Jass/ve shown by l/is activity in abusing aged cit/zeus in the counliry. 17. c4EXio-EL: H. S8S, a; G. 1372. TOTE" ILEV... TOTE'5 12044 now... now. ETEPOLS -lYOLrIEvoS: actzing as leadler for others. 18. 8'toos: i.e. the demes of the country. TGvOLyKCLCL: i.e. the bare necessities, less general than E7'tTrqL8Q)oJv. ilrci: causal. 11XLKcLCS: i.e. too old. T& 1iw6.PXOVTCL: see on ~ 15. lTupt rrXELoVOS WOLo1MREvos: see Idioms. EiKELVOUS: ohjective of WSLKE'V. SL" 0UTO ToVrO: i.e. age and penury. 6lrEp: see on VII, 22. TorE: i.e. in the struggle between the democrats and the Tyrants, in 404 B.C. 19. SOKLILcure4VTOL i.e. so that he miay become a member of the new Senate. OO-TLcrOv^V: anybody whatsoever. See on XII, 84. RoEyam: an imfportant Jo/ont. Cf. Xen. Cyr. V, 3, 19: ltiyna woiov-sa OCXLOV TOVTO To' XO)PLOV To23 4Va'& OVIat0LLtXO KaTaXEL"7rIO. TOVTOV: i.e. Philon. WrCp EawvT(v: fr-om thei'r own fiossessions. OLKTL'PCLV1ES: see Meist. p. 142. TO'r)WTV a4.LLPEZO-OCLL TO.L lr&PXOVTO.: here we have a genitive and an accusative, while in ~ 18 there are two accusatives. See H. 724; 748, a; G. io69; 1071; 1118. ~~ 20-23. His own mother's distrust of h/in1t. 20. o ' L: see on VII, 42. YL-YVd'cTKELV: feel. TOLC.1JTO: i.e. the feelings of the relatives are sutch. CLZTr i: agent. wrapOlra-o: 121 6 L - Jass by, insinuating that there is much more of a damaging nature that might be said. This insinuation, of course, might have some effect upon the jury. TEKjLLPOJUVOLS: inferring, jii~gnig. 21. TOV'T(: i.e. Philon, her son. wrpoarTJKOUcrat: concessive. See on VII, 7. pvis: see App. VI. clya - nonne. acuroV: i.e. Philon. 22. SLO T.T.o. SOKL.La.EELV: see on XII, 13. E'vO'9...-.'X a mother, because of her great affection for her children, endures many wrongs from them, and considers their smallest favors great. 4(pELV: bear awayfrom, rob. 23. CaOpLRPT' Ta: see on XII, 20. C.VTOU) TOl) XLpOvTOS: i.e. Antiphanes. See ~ 21. P. 123] AGAINST PHILON 199 ~~ 24-26. Such a man not fit to become a senator. 24. TI povqAvIvrETs: with what idea, as often in an impatient question. Cf. Plato, Phaedo, 63 A: ri yap av /3ovX'/Lvot av8pes crool (6 X0KO^ SEordoraO J/-xelvovu av-rw^v evyotev. )os: on the ground that. P3k-XrTWV y~cvOd~vos: i.e. after he has given proof by right living and conduct that he means to be a better citizen, let him ask for public preferment. wrep: in relation to, as often in the 122 orators. pouXevELv: see ~ 2. rTO: i.e. formerly; for example, at the time of the struggle with the Thirty Tyrants. vao-repov: i.e. after something has been done deserving of gratitude. g8TI': already, with the past; but soon, fresently, with the future or future perfect. TeTLjio-eTaM: G. 1266. 25. Mpa: forsooth; ironical, to be distinguished from dpa used in questions. dp.ocos: i.e. equally with themselves. KvivSvoS: sc. EIcro. TWV O.vrv: predicate genitive with Jevat. 26. ov: see on XII, 14. POvXEvv... 8SouvaeVV: note the paranomasia, or play, upon the words. A man so indifferent to the liberty of others ought to lose his own. ~~ 27-28. Such enormous offenses as his never expressly contemflated by legislators. 27. MEyL: H. 824, a; G. 1291. Pi-Wp: statesman. Lapra.v: see on XII, 20. 28. Sihrou: see on XII, 27. els Troiro: i.e. into danger. d8LKOVVTOS: sc. aVToV', referring to TLs. The speaker means that if in the first case a law was passed, certainly one would have been enacted to meet the second, had the lawmakers dreamed of the possibility of such a case ever arising as that of Philon. o-jdSpa y' v: sc. ETEr7. ~~ 29-33. Philon surpassed in manliness even by aliens. 29. KTC TO 7rpoofiKOV 'TOts: in a manner befitting themselves. The metics had to perform military service in all branches except 200 NOTES [Pl. 124 the cavalry. IeCtovL: i.e. punishment. 4TLRL'cL attached, it would seem, to a rejection at the &OKL/JolLL. Cf. App. V, i (c). 30. -rrape&eLXT1: t:exhibited side by side, by way of comparison. Note the force of 7wapa in composition. Cf. Isoc. XI, 39: e T4', rOpdfpc KO. toy XPv'T" OEOpo~p.C KOl SOKL/5a~otLI V ETEpa 7rapa8ELKVV'OVTI TW^V KaLt T7J\V 0ýlV VOl'ctv E'oX'vrWV KaJI 7T3^ TtL/LJq Tq3 avri, &etoC0U'V()Vo TWYEV CVTJG-Or4VWV: the fitture. rrpoOvet LW^VTL: sc. Ot iroX~rat as subject. fK rCOLPaoLV7^S: wit/h set iurlose, iuutenution ally. LrjS9 it Fvs 'rp6.rrov: by no means. jv&... iv6s: more emphatic than 1-tiq&v5;3. See on VII, 28. 31. ~Ci uV: i.e. of loyalty, sworn on becoming of age. irpoi5Scii(K: i.e. by running away and leaving the temples to the infamous Thirty. 7W^S: sc. 8oKEZ. Qir6pp'q-a: i.e. secrets of the Senate. Derivation of the word? wrpoELptiJIEVo: Jroclaimied, or-dered. rEXEUTaOLos: at the end. 7rp6rOEPOV T&V KaTEpya.OraflECmv: before those who 14 did the work of gaining freedom for the people. rEpl 14 oSEviS 'hi''O-cLro: see Idioms. 32. TL'Vas: i.e. of the uvvq'yopot. VILWT.. 4.1.: chiasm, or inverted order. BetaO-aL bpljv: i.e. to approve Philon. TOTE: i.e. in the struggle against the Thirty. TO. lOXa.: as the APrize. wroXLTEL: i.e. the democracy. 'is: i.e. a place in the Senate. ILETOV: see on VII, 15. 33. ji..rvXwv: see on VII, i, and XII, 85. KX'qpwa-611evos: i.e. as a senator. KOa T6"TrE: omit in translating. These words, inserted after the clause cWo-7wcp 7'7MXE, form an anacoluthon. See on XII, 36. 7repl c?.i Tqs: i.e. for a place in the Senate. KLLTc-TfVmL: to take his stand. ~ 34 Philon, in view of his record, deserving of contemppt in the eyes of all worthy senators. 34. KcL'TOL: rarely used with a participle. KaCL: not and. TOVTWV: i.e. further arguments. -7rEpC: see on ~ 24. TO1VTOM: i.e. Philon. KGLVO.: Unifprecedented. wrrcpap&(ypYctLTM: warnings. SqIIOKpaTCaS: genitive depending on the adjective &lAXA6pta. P. 127] AGAINST DIOGEITON 201 ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION AGAINST PHILON. On ~ 15. Andoc. II, 18. On ~ 16. Corpus Inscriptionum Atticarum, II, 1917. On ~ 26. Xenophon: Hellen. I, 7, 22. Meier and Schoemann, p. 419 f. Lycurgus: Leocrates, 59. On ~ 31. Hermann: Staatsalt, p. 458. AGAINST DIOGEITON ~~ 1-3. The speaker's duty, though unfleasant, yet necessary from the nature of the case. I. rT S&Wapovra: the issues. els vpIs; i.e. to conduct a trial. TovTrovs: i.e. the brothers, of whom the elder was really the plaintiff. The younger brother, though no doubt interested in the suit, may have been present to arouse pity in the jurors. otKEious: kindred. 8&amipeao-c&L: to be at variance. Te: and. Cf. XXIII, 3. k'XCrTTOV 'XOVT~es: being badly treated. SvoWvrcLL: H. 914, B (i); G. 1431, I.,5v 4i'KLo-Ta r xpiv: because relatives. Cf. Isaeus, 1, 6: Eyw MUv yap oVX OL a8t'KW9 KAVVIVCVW, TOvO 1yOVSal iL /AEt(TTOV EL TWv 7rapoVTWV KLKWV, \XX oTL ciy)wVo/acMLL 7rpO, EKCLVOVU, OV1S O8 4av/vverOaL KaXWo1s eXL. KSEeTe-v: brother-in-law, though the word means in general any one who is related to another by marriage. Cf. Latin affinis. See Introduction for the relationship of those engaged in the suit. 2. wroXXk SOelOs dj ordpaov: asking both many times. 86carw: settlement. Cf. Dem. LIX, 45: orvv^yov avroi' ol 0"r&LTr78EoL KaLL ~?7reray 8aTaay 7rtTpEyaL avTroTs. 'Wept irokkXXov 'rOLovLevos: see Idioms. TG&v a&kkXv: i.e. outsiders. 4q X\'EyX~To: convicted; i.e. before the friends above mentioned. TWVv CL'Tro 4C(X v: friends were chosen by both sides to arbitrate such matters. Diogeiton was unwilling to trust the matter to his friends. e-vy 8LV SKas: see on '102 NOTES [P. 128 XII, 4; also List of Idioms. ril o0io-as (&'KcL) BLWKELV: to bring suit to set aside his default (caused by absence from court). irp6s: with respect to. 128 3. Po0Etv: goes with UEo0at. T& S(KaMa: cognate accusative. H. 716, b; G. 1054. ~ 4-8. Diogeiton's appoiintment as guardian of his brother's c/hildren. 4. Oav-: per-sonal. Literally what? Gavepm was used of real property. EveyRavTro: divided. Xapetv: i.e. in marriage. Relatives intermarried to keep the property in the family. 5. Opuo-1XXov: see Biographical Index. KWTaXE-yECs: enrolled. KT86ErTiv means father-in-law here. See on ~ I. 6. capaKCrTOiKcIV: as a deposit in trust. vO.WTLKG (Xp7.tura) (KSeSo~E'a: i.e. money lent out on a ship and her cargo. Money thus lent, because of the perils of the sea, commanded sometimes thirty per cent interest. rdXavra, Iv.Os, SLo-XLXLaS (8paXpýsU): see App. VI. dOELXoji'vas: loaned. XEppovia-p.: i.e. the Thracian Chersonese (see Map) where many Athenians settled. Cf. Andoc. III, 13, 14, 15: Tvo" E0VEKC TOXELTjTO/Xev;... XEppdVrYIOV KLL 3ro cV1TOLKLtca Kl TL E7 i(qTI7/JTa Kat Ta Xp~a Ltva J7roXa/3W/AEV. EhripjJE eijoined, his final directions. ECv TL WrOi: i.e. if he should die - a euphemism common in many languages. H. 898; G. 1403 -7. 4vilypa4cL: copies of the will that was given to Diogeiton. See ~ 5. 'Ec&o-q: a city in western Asia Minor. See Map. rIKplrr TE note the two accusatives. Cf. Xen. Anab. I, 9, g19: o'ca 0i-TcaTo VL, 7K-(TTa K^pov EKpUVTEV. H. 724; G. 1069. Cf. Latin 129 celo. ypdLPaLaCL: documents, pfafpers. iK: by means of. KOJ.Ca2crc-aL: collect. 8. rVO[ LLtO0LEVCL: the customary rites, probably the making of a cenotaph, accompanied with burial rites, as the bones of the dead man very likely were not brought home. TIELPa4Et: the harbor town of Athens, where Diodotus had been engaged in commerce. airoi: adverb. irrLXErw6vrTw: began to fail. VKSiSO(TLY VELSOVS: P. 130] AGAINST DIOGEITON 203 see on XVI, o1. Diogeiton now marries her to Hegemon. See ~ 12, and table in the Introduction. LXiaCLL: dative of degree of difference. See on VII, 4. ~~ 9-18. The disclosure made by the defendant to his eldest ward, and his interview with the ward's mother. 9. SoKLcare0VTos: had fassed his examination for admission to citizenship. As this took place when the applicant was about seventeen years of age, and as this was eight years after the death of Diodotus, it appears that the oldest son was in the hands of his unprincipled uncle for about nine years. E'KO-L... o'-rTTpas: see App. VI: only the sum that Diodotus left his wife (see ~ 6), which she had put into the hands of Diogeiton. dxov: i.e. had means. OKdEL... A'rrTT1Sa: not very comforting, especially seeing that he had been robbed by his uncle. 0o. V'ro: because of. K7rcrE(ToKOTE: turned out. KX&OVTES see Kiihner-Blass, Gr. I, p. 133. 1 I. T'EXErVTroa: finally, as adverb. See on XII, 60. XMyyrv 130 Iv avSpro-: it was something almost unheard of for a woman to thus appear before men. They were closely confined at home, as a rule, and had much less freedom than the women of the Homeric age. 12. X6yovs 4wrroLO4 v: see Idioms. lovv: first person. els ieyXov livcu: to submit to an investigation. - yvv"l: i.e. the widow of Diodotus. vxiuv: heart, feelings. -yvWj: disposition. 13. Kal... Ka(: both... and. Tros Vo-repov yevoIL4vovs: i.e. those of her marriage with Hegemon, her second husband. 6pdaT: to take such an oath by her children meant a great deal, as its violation might bring punishment on them. Women could not give evidence in court, hence an oath was their only way of testifying. owov av: e.g. in a temple or other sacred place. See on XXII, 13, for the construction. yrrept roXXoOV rroLojaL: see Idioms. EKXLWEtV: to end. aLEXo-9L: take away. 14. SLOLKiW-EL: 7moving, from one house to another. See ~ 8. KoXXVTro: a deme north of Athens, and a popular residence quar 204 NOTES [P. 131 ter. For the form, see Meist. p. 73. SLK (ETO: note the 131 tense. Supply Atoydrwv as subject. La:Spou: nothing is known of this man. 3LPXEp: account book. EveyKELV (4E'pw) depends on the verb of saying implied in E eXEYXEV. 15. EyyeLY iot r6KW: on a real estate loan. 4OLT&V: caNIe in. SLo-XLXlaS: i.e. only 2000. &lrep: see ~ 6, and on VII, 22. 16. &KOX0Oov: i.e. the waLtaywydo, who regularly attended the boys of all but the very poorest families. Men were generally attended by slaves. 17. TovS 'oLs: (ra7tag). ro8sctiac: render. Ti-v uvELSvLtav: the one who understands (your baseness). irepl eXQTrrovos ITOLEZ: see Idioms. 18. SLETe40CqeV: stirred, affected. 6vitLov: emphatic position, and agreeing with rtTpo7rov. ooWcLas limits i&rpowrov. xaXe132 1 rdv (E-t0). iEcvroZ: see on XII, 23; also H. 686, a; G. 995. ScKpv'ovTcs agrees with 7ravra3 to be supplied from iul8&va. Cf. Lycurgus, Leocrates, 133: o0q891a 7r'dL aLTOV daoE Trap aipT /.LT) OLKE3V, AXA' (SC. 7raoa) ^kAXXov T7V 3V8po dV0V,aGXVVEV. ~~ 19-29. The denials and professions of Diogeiton shown to be absurd; six talents of the estate missing according to the most generous calculation. 19. 1TPo0'XELyV roV voVv: see Idioms. 7-r XoyLcr1Lo(: the accounts of the guardian. 20. TEXEV7wV: see on XII, 60. dpoXoyio-as: because of the discovered /L/X(ov. See ~ 14. XitLram: income. vaLLrvt VTCLS: see on XII, 22. TpEifLE: filace, refer. H. 866, 3; 932, 2; G. 1490. ciov: food, except bread. This word generally means a relish eaten with bread. EtS KOvpiEos: at the barber's shof. The genitive KOvpE'W probably limits some word to be supplied. The amount spent there should have been itemized. KaOTO J1ijvt: each month. 21. Lvi-La: i.e. the cenotaph. See ~ 8. aoirL: as if he had 133 borne a share in it. T'eqriL: futs down, enters. Cf. Latin;onere. ALOVV'-cLa: the Dionysiac festivals, the most important of which occurred in March, when the new tragedies were brought out. P. 134] AGAINST DIOGEITON 205 ToLuv: now; transitional, not temporal. IKKaCXCEK EpaXcl"v: a high price (see App. VI) for those times. Ten or twelve drachmas would have been sufficient. ApvLov: for sacrifice at the festival. T.s dKTr: H. 664, a; G. 948. trLAiaLs: losses. errLrS~KvvcLv has rTa /tKpd for its subject. Little things often reveal a man's real character. 22. To KEXdXLLOV: thle s17m total, as stated in ~ 20. wrrcrpLKOs ixOpds: foes were hereditary among the Greeks. Cf. Tacitus, Germania, Chap. XXI, on foes among the early Germans. iKE(voU: i.e. 7rarpLKOS EXOp6~. 23. rots &8vv&d'oLs: the (physically) infirm. Dative of interest. rots SUBvLvavoL: thie (physically) sound, who, however, wished to lighten their burdens as guardians. Both classes, the weak and the strong, could let the ward's estate, if they so chose, to the highest bidder, who was required to give security for the rent, often amounting to more than twelve per cent. yyv irpLCdJEvov: by investing in land. This participle, as also arryAXayhdvov, agrees with aVrdv to be supplied from avr. rwv rrpoo-LdvTov: the income in the shape of rents. didroEPa = el O8drpa. Plural instead of singular. oaevvds: after rTTrov, with ' omitted. SravofevaCL to have thoughit. cavvepcv: visible, then real, by turning it into real estate. rrovrptav: personification. KXv9pOVdAov: iheir. 24. 0: see on VII, 42. o(vvrpLipaPXWpv: note the force of the preposition in composition. On the office of trierarch, see App. V, 2. Occasionally, near the close of the Peloponnesian war, when times were hard, two men united in discharging the duties of a trierarchy. 'AMgLSL, 'APLo-roS6Kou: see Biographical Index. Svotv SeoVo-aCs: lackizng two. 6.rEXts: but not from the dEo-opd, or special tax, imposed in times of financial stress. Eirollo-cv: i.e. when enacted. SoKLpcao-co-Wv: see on XXII, 13. XkrTovp-YLuv: see App. V, 2. rpCr'r7Ta: exacted, demanded. 25. 'ASpLav: sc. Kokrov, which is generally omitted. Horace, the Roman poet, speaks more than once of the boisterous Adriatic. dXKSLa: a merch/ant vessel. uvotv TaXCvroLv: the value of the cargo. See App. VJ. KlvSvvos: risk. i-c~erj: was saved, i.e. returned 206 NOTES [P. 135 in safety. aiVroV^: predicate possessive genitive after TlVat. WroL: where, i.e. on what. Xdyov: account. If Diogeiton charges the losses to his wards, and keeps all the profits, it will be a strange sort of bookkeeping. 26. d... Eti: does Et alWays introduce a condition? Cf. a similar use of Latin si and English if (= whether). E"aO-KEV GVaL: affirmed that hle had. otKaiSE: i.e. of Aristodicus. r.TapaPs KCL ENKOcL: only half the amount he had professed (see ~ 24) to have contributed for the trierarchy. rKEL'VW: i.e. Alexis. 135 27. rovwp: see on 15 and VII, 22. &...pe 15 regarding what was done. ToWV: H. 1005; G. 1040. RLyWcrctL: damage, imulct. 28. EhEUvrcv: see on XII. 60. 6'oX6yycrEv: see ~ 20. wrp6-oSov: income, in the form of interest. {rxapX6vrwv: firincital. vaXloKoV: subtractbig. e O'c: see on TIA/Lt, ~ 21. woTLo8aywy6v: see on ~ 16. rpEis SpaXR's: a fair allowance for those days. See App. VI. 29. rrcpL6vra: left, remlailniig. t~dolav: see ~ 21. E2l1;s: received, sitjfered. Cf. Xen. Symp. IV, 50: 'rav 8E KaKKOV T A/wort, 0e5yovotvaEuTa-TpEr7rTpt. Xpiro-Cas: creditors. Dionysius, to whom we are indebted for the preservation of as much of this speech as we have, breaks off here in the midst of an account. See the close of the Introduction to this speech. ADDITIONAL REFERENCES ON THE SUBJECT MATTER OF THE ORATION AGAINST DIOGEITON On ~ 2. Smith: Dictionary of Antiquities, under Diaetetae. Schoemann: Gr. Alt. I, 501. Gilbert: Antiquities, p. 391. Meier and Schoemann: Att. Process, p. 974. On ~ 4. Hermann: Privatalt, p. 96. On ~ 5. Grote: VII, pp. 289, 370. Curtius: III, pp. 470, 544. On ~ 6. Boeckh: Staatsh. I, p. 166 f. On ~ 7. Becker: Charicles (Eng. ed.), p. 171. Meier and Schoemann: Att. Process, p. 597 - AGAINST DIOGEITON 207 On ~ 7. Xen. Hellen. I, 2, 9. On ~ II. Hermann: Privatalt, ~ 10. Becker: Charicles (Eng. ed.), p. 462 f. On ~ 13. Smith: Dictionary of Antiquities, under Diaetetae, I, p. 622. Meier and Schoemann: Att. Process, p. 898 f. On ~ 16. Becker: Charicles (Eng. ed.), pp. 3, 226. Hermann: Privatalt, pp. 85, 16o. On ~ 20. Hermann: Privatalt, p. 223. Boeckh: Staatsh. I, p. 128. On ~ 21. Becker: Charicles (Eng. ed.), p. 393 f. Hermann: Privatalt, p. 383. Boeckh: Staatsh. I, p. 96. On ~ 23. Corpus Inscriptionum Atticarum, II, 1135. Meier and Schoemann: Att. Process, pp. 362, 559. Smith: Dictionary of Antiquities, under Mist/zoseos Phasis. On ~ 24. Boeckh: Staatsh. I, pp. 534, 638. Gilbert: Antiquities, p. 370. On ~ 25. Torr: Ancient Ships, p. 23 and note 59. On ~ 26. Boeckh: Staatsh. I, p. 671. On ~ 28. Boeckh: Staatsh. I, p. 142 f. IDIOMS AND PHRASES THE following brief list of common Idioms and Phrases is here given for ready reference. The student will be amply repaid if he at once commits to memory those expressions in the list that are not already familiar to him. adlrav ELV, to be accused. XXOw, TE KaL, especialldy. drIo ZLr? 7rapaTC KEKV1,% equally well prepared. U7Tpw StLaKEWToOaL, to be in a strait. & ' ov', ever since. papEo0 &KOVELV, to hear with disgust. papiws c/pEpV, to be annoyed. yv4wiv o-Xftv, to formnz an opinion. SELV3 XWycLV, skillful in speech. et~av &&O'vat, to give one's rzght hand as a pledge. eotav Xa/IptfvELV, to accept one's rzigkht hand as a pledge. 8^Xov OTt, it (is) plain that, evidently. 8LK?7V L&8'vat, to give satisfaction. &KV/V &LKOELV, to decide a case. SlKV/V &tKO4EgOat, to go to law. 8tK qV &WKELV, to pfrosecute. &LKq V E7TLTLtEVaL, to inflict pllunishment. KL'qv XayYXVELYV, to obtain leave to bring a suit, to bring suit. 8K7/v XaLp/3LVELV, to take satisfaction. &K?)v oLfarKa VLV, to lose a suit. t"lKT1 TrVXCLV, to receive one's deserts. LK7V c/v E yELV, to stand suit, to be defendant in a trial. Soyjua 7rotetrOat, to pass a resolution. gavwr OvvAELsval 7-, to be conscious of anything. Eft T'V apXj)v KaL(Ta&Vat, to establish in office. EKr8oswV 7rTOLTJaLt, to pfut out Of the way. EK TWV 7rapoVTVw, from or in the present circumstances. 9KWV dVVLL, willingly. /7l1);IEXECv, to be in honor. V TOLOVTW, in such a situation. Ev ro0ry, meanwhile. ýe 'oov Jvat, to be on an equality. Er aovro;pp, in the act. E7TTpE7EL/ 8LaLtrav, to entrust an arbitration (of a case). EOTtV OL, some. EorcTv rov, somewhere. ELyTLV 07rw3, somehow. 208 IDIOMS AND PHRASES20 209 IEVVOiK(W3'E" Xctv, to be kindly disniosed. i~ rtOLtV, to treat well. 0 ev 7rpaTTELV, to fare well, to be fortunate. Ext ftiwcLv, to be able to mention. fEXEtV T-JV SL'K-qV, to fiay the pienalty. ý-ql-ktav Xapj36'vEtv, to suffer loss.?io-vytav ayctv, to keefi quiet. KaKw(; EXELV, to be badly off. K.5KWS MtoJXctV, to shiffer ill. KaKWI; 7paTTEtv, to fare ill. KCLKOV TLVa 7rOtctv, to injure any one. K(LKw, TLVLL 7r0LELv, to injure any one. KUXW^ XE'x~v, to be well. KcLXW^1 7rotctv, to treat well. KaXoJ W^; rpcra'Tv, to fare well, to be fortunate. KaTcL Tov v4 pzovg, accordingto law. /UtoV EXEW to be worse off. /JEXCLt av o(5, he cares for. /LETaLE'XiEta aT -, he relients. /LLOOwc (rat Tv OtKOV, to rent out the estate. otov TE elvat, to be able, to be piossible. '2X'yov Sd? it lacks little, almost. o~t /_aXLo-Ta, as much asfpossible. art 7rXto-Tot, as many as piossible. ov~ev AacTToV C:xEtv, to be none the worse off. o1T0)l; GEL, it is so, this is the case. 7rapa 7rpOcY8OKtav, contrary to exfiect at ion. 7rpG. Tovs Vv%/oq contrary to law. 7TE'pa3 EXctV, to be at an end. 2rp Xcfroo 7rOat~tL, to consider of less importance. WAIT'S LYSIAS - 14 7repL Ov3&8VO ITOEc; a ortf 'cO&at, to consider of no i~npfortance. 7rept 7ravr&l 7rotdLGOat, to consider all-impiortant.,iept 7roXXov^ (wXci'ovos, 7rXL'O'Tov) 7rO~ttcr Oa~t to consider of great (greater, greatest) inqfiortance. 7rfpt TWil,cxxo'vrwv e-uwOat, concerning the future. 7TXkOvol; aleto,, more valuable. 7roLEtv EKKXVqcrt'av, to call an assembly. 7roXXov^ al$LO% valuable. 7roXXov^ &Z, it lacks mnuch,farfrom. 7woXXoV- 8Eo, I lack much, I am far from. 7rpdygLa~a 7rapcxEtv, to make trouble. 7TfXL7,LWaTO 7rpaTTEtV, to have a case at law. 7rpol TO KEfrXQLov, to compflete the 07T0Va\,; woi-OL'Oat, to make a truce. o-VV~EL&VcL rO-L1 icanqyo'pots, to be conscious that the accusers. 0GVV1ExOvTL IELrcEV (7t~vQ, to spieak concisely. Ta 7rcapovrc (7rp~ya'-/ja), the piresent circumstances. -tLO-Oat Ta A oXa, to ground arms. TO IE7rL TOVTOt9 Elvat, so far as it depiends on these. T0XOL7ro~v, for the future. To VvV Jvat, for the piresent. TOVSE TO\V Tpo"7rV, in this manner. TOV VovY 7TpocTEXEv, to turn the mind towards, to notice. TOV3 Xoy-OV3 7roLCLUOLLL, to spieal'. 210 IDIOMNS AND PHRASES TUO~3Nw TOLOVTW)V OVTOV, since these Xa'ptv E'Xctv, to feel grateful. things are so. x ' a7-o~ouv~at, to return afavor. ryd OVTL, in fact. XLpLV E 18 Cvat, to thank. xa~W, 'XECV to feel anlgry. (03 EM~ELV, so to speak. xaEr^ cfE'pEtv, to take to heart, W3 E'7rt To 7-oXt, for (lie most to be vexed. Part. BIOGRAPHICAL INDEX Aeschyl'ides (XII, 48), known only by name. Agesila'us (XVI, 16), a Spartan king and general who engaged in many military enterprises in various countries. He defeated the combined forces of Athens, Corinth, and Argos at the battle of Coronea in Boeotia, 394 Bc., and afterwards figured in the so-called Corinthian war from 394-387 B.C. Xenophon has left us an account of his life, which, however, is rather too laudatory of the general's merits. He was not the great military leader and statesman that Xenophon would have us believe. Al'cias (VII, o1), known by name only. Alex'is (XXXII, 24), known to us only by name. An'ticles (VII, 4), of whom nothing special is known. An'tiphon (XII, 67), prominent in connection with the government of the Four Hundred; also a noted orator of his time. After the overthrow of the Four Hundred he defended himself, when brought to trial, in a strong oration. He was unsuccessful, however, and was put to death. He is the earliest of the so-called Attic orators. See App. I. Antis'thenes (VII, io), known by name only. An'ytus (XXII, 8), a grain inspector mentioned by Lysias in the oration against the grain dealers. It is not certain that he is the same person as the one who accused the philosopher Socrates in 399 B.C. Apollodo'rus (VII, 4), one of the murderers of Phrynichus, a leader of the Four Hundred, and rewarded by a gift of a portion of Peisander's property. See App. I; also C. I. A. I, 59, and Hermes II, 378. Arche'neus (XII, 16), a shipmaster at whose house Lysias concealed himself when hunted by the emissaries of the Thirty, and from where he made his escape to Megara, under cover of the night. Archeptol'emus (XII, 67), son of Hippodamus, and advocate of peace with Sparta. 21 212 BIOGRAPHICAL INDEX Aristoc'rates (XII, 66), an oligarch and a taxiarch under the Four Hundred. The poet Aristophanes puns on his name in the comedy of the Birds. Aristod'icus (XXIII, 13), unknown to us except by name. Bat'rachus (XII, 48), a base and most dangerous sycophant during the time of the Thirty. Callaes'chrus (XII, 66), the father of the infamous Critias, and a leader of the Four Hundred. Callis'tratus (VII, 9), of whom nothing is known. Ceph'alus (XII, 4), the father of the orator Lysias. See under the Life of Lysias. Char'icles (XII, 55), a member of the radical party of the Thirty, and second only to Critias in infamy. Crit'ias (XII, 43), the leader of the radical faction of the Thirty. He went to the greatest extremes in his infamous work, putting to death even those of the Thirty who strongly opposed him, notably Theramenes, who was the leader of the moderate party of the Thirty. He was killed near the Peiraeus in a battle with the exiled democracy under the leadership of Thrasybulus. He was also a poet and an orator. Damnip'pus (XII, 12), apparently a friend of Lysias, but otherwise unknown. Deme'trius (VII, o1), known by name only. Diod'otus (XXXII, 4), a brother of Diogeiton and known to us by name only. Diogei'ton (XXXII), brought to trial for dishonesty in the management of the property of his wards. See the Introduction to the oration Against Diogeiton. Dracon'tides (XII, 73), one of the Thirty. It was he who moved the decree to establish the Thirty in power. He was of low character, often involved in suits, and a target for comic poets. Epich'ares (XII, 55), a senator under the Thirty and afterwards one of the Board of Ten. Eratos'thenes (XII), one of the Thirty accused by Lysias of the murder of his brother. He had also been active in 412 B.C., especially among the soldiers on the Hellespont in trying to bring about the government of the Four Hundred at Athens. See Introduction to the oration Against Eratosthenes. BIOGRAPHICAL INDEX 213 Er'gocles (XXVIII), one of the colleagues of Thrasybulus on his expedition to Asia Minor in 390 B.C. He was called home to Athens, tried for embezzlement, and convicted. See Introduction to the oration Against Ergocles. Euthyc'ritus (XXIII, 5), unknown to us except by name. Hege'mon (XXXII, 12), known by name only, as it is found in the oration Against Diogeiton. Hipparmodo'rus (XXIII, 5), unknown to us except by name. Hip'pocles (XII, 55), one of the Board of Ten; otherwise unknown, though possibly the same man as the one mentioned by Thucydides VIII, 13. Lysan'der (XII, 59), a noted Spartan admiral who rendered valuable service to his country in the closing years of the Peloponnesian war. He won Aegos Potami, conquered many islands of the Aegean sea, and proceeded to Athens where his fleet co6perated with the armies of the Spartan kings, Agis and Pausanias, in starving Athens into surrender. He was killed in 395 B.C. at the battle of Haliartus fought between the Spartans and Thebans. See App. II, I and 5. Mantith'eus (XVI), in title to oration et passim, known to us only by what he discloses regarding himself in his speech before the Boule. He seems to have been an oligarch, proud of his record, and odd in dress and bearing. See Introduction to the speech For Mantitheus. Melo'bius (XII, 12), a member of the Thirty. Milti'ades (XII, 72), an Athenian unknown to us. The hero of Marathon of the same name lived almost a hundred years earlier. Mnesithei'des (XII, 12), a member of the Thirty. Nicom'achus (VII, 20), known to us only as the man who instituted the trial regarding the Sacred Olive. See Introduction to the oration On the Sacred Olive Tree. Nicome'des (XXIII, 9), unknown to us except by name. Orthobu'lus (XVI, 13), phylarch of the tribe to which Mantitheus belonged. Pan'cleon (XXIII), a fuller of Athens brought to trial for some offense not known to us. See Introduction to the oration Against Pancleon. 214 BIOGRAPHICAL INDEX Peisan'der (VII, 4), a leader in the establishment of the Four Hundred, 411 B.C., on the overthrow of which he was compelled to leave Athens. His property was confiscated, and a portion of it given to Apollodorus for his part in the murder of Phrynichus, another leader of the Four Hundred. See App. I. Peison (XII, 6), a member of the Thirty, active in arresting and putting to death the metics, or resident foreigners in Athens. Per'icles (XII, 4), a great Athenian orator and statesman in the fifth century B.c. Through his wise guidance Athens grew to be a great power. He embellished the city with marvelous works of art, encouraged literature, and was foremost in every project to promote her welfare. In his day the great sculptors and poets lived and wrought their matchless works. So prosperous was Athens in those years and so much was she indebted to Pericles for her proud position, that that period of her history is known as the Periclean Age. Philoch'ares (XII, 72), an Athenian mentioned by Lysias: otherwise unknown to us. Philoc'rates (XXIX), steward and confidant of Ergocles on an expedition to Asia Minor in 390 B.c. He was brought to trial on suspicion of complicity with the latter in his dishonest dealings with the Athenians. See Introduction to the oration Against Philocrates. Phi'lon (XXXI, I), an unprincipled Athenian who deserted his country in the time of her distress. See Introduction to the oration Against Philon. Polemar'chus (XII, 19), brother of Lysias, and put to death without a trial by the Thirty. See Introduction to the oration Against Eratosthenes. Pro'teas (VII, Io), known by name only. Pythodo'rus (VII, 9), Archon at Athens in the year of anarchy 404-403 B.C. Sat'yrus (XVI, 4), a ruler of the Cimmerian Bosporus which included the Tauric Chersonese (the modern Crimea) with the neighboring coasts and cities. His time was about 407 B.C. and his capital Panticape'um, a great grain mart of the Athenians. Seuthes (XXVIII, 5), a Thracian prince. BIOGRAPHICAL INDEX 215 Suni'ades (VII, i ), archon at Athens 397-396 B.C. Themis'tocles (XII, 63), a noted Athenian general, statesman, and orator in the early part of the fifth century B.C. He with Aristeides won the battle of Salamis in 480 B.C. He then planned to rebuild the walls of Athens, but the Spartans, jealous of her rapid rise, objected. Themistocles, with others, was sent to Sparta to confer about the matter. Before starting, however, he got all the Athenians at work on the walls, and gained time for them on reaching Sparta by pretending that he would have to postpone the proposed conference till the rest of the messengers should arrive. The result was that the walls of Athens had advanced so far that it was useless for the Spartans to object any longer, and thus the plan of Themistocles was carried out, though accomplished by deception on his part. Theog'nis (XII, 6), a member of the Thirty, and also a tragic poet whom Aristophanes in his comedies ridicules. He seems to have been active in the arrest and execution of the metics. Theram'enes (XII, 50), an Athenian, conspicuous first from his efforts to establish the Four Hundred in power 411 B.C. He was several times general between that date and the close of the Peloponnesian war, 404 B.C. He became prominent again in the peace negotiations between the Spartans and the Athenians. He belonged to the moderate party of the Thirty Tyrants, and lost his life in opposing Critias, the leader of the Radicals among the Thirty. He was, no doubt, an unreliable, untrustworthy person, though Lysias probably exaggerates his faults in his review of his life (XII, 62-78). His vacillation and instability of character gained for him the name of Cothurnus - a stage shoe that was made to fit either foot. See App. II, 2. Thrasybu'lus (XII, 52), a prominent general in the last part of the Peloponnesian war, and a vigorous opponent of the government of the Four Hundred. For his great services in the struggle against the Thirty, see App. II, 5. In 389 B.C., while cruising around the coast of Asia Minor, he was killed by the inhabitants of Aspendus, who were enraged at the insolence of his crew. See Introduction to oration Against Ergocles. 216 BIOGRAPHICAL INDEX Thrasyl'lus (XXXII, 5), a prominent Athenian general in the Peloponnesian war. He, along with Thrasybulus, opposed the Four Hundred, and helped to win the Battle of Cynossema, 411 B.C. Having been one of the generals at Arginusae (406 B.C.) who failed, on account of the storm, to rescue the soldiers, both the living and the dead, from the disabled vessels, he was tried and put to death by his people. APPENDIX I THE FOUR HUNDRED About 411 B.c. Athens found her foreign relations disturbed, and her treasury low. The Peloponnesian war had been in progress for twenty years, and was not yet, so far as could be seen, nearing an end. There were two factions among the Athenians - the Oligarchs and the Democrats. A democratic form of government established by Cleisthenes had held sway in Athens for almost a century. The Oligarchs in the city, taking advantage of the situation, now began to plan, through their political clubs, a change of government. In this they were aided by the exiled general, Alcibiades, who was then living with Tissaphernes, a Persian satrap, in Asia Minor. That able but unprincipled Athenian, after several years of exile, anxious to return to his native city, and to be reinstated in public favor, and knowing the sad state of affairs at home, began to plot for his recall. He first sought by means of envoys to gain favor with the Athenian army encamped on the island of Samos, by assuring them that, if a change in government should be effected at home, he could secure for them the aid of the Persians, and thus crush their enemy the Spartans whom they had been fighting for so many years. He succeeded in winning the support of many in the army by this assurance of relief and aid. From Samos the conspiracy spread to Athens. The same arguments were used, the same assurances made in that city. This conspiracy was promoted with much vigor by the oligarchical clubs of Athens, and finally consummated by intimidation and terrorism. Opponents were killed, and the Public Assembly frightened into setting aside the democracy for an oligarchy. Civil officers were done away with, and a Body of Four Hundred was organized to direct public affairs. This body was authorized, if they chose, to call an assembly of 217 218 APPENDIX. I 5000 of the wealthier citizens able to furnish their own arms. This was, however, a meaningless provision, and no such list of citizens was ever issued. The Four Hundred ruled with unlimited power. Now Alcibiades had fallen out with the Oligarchs before they had completed their plans, but they had gone too far to retreat. After encouraging the revolution up to a certain point, and getting matters into a dangerous plight, he doubtless thought that he would be recalled from exile to take charge of affairs. Disappointed in this expectation, he broke with the Oligarchs, and began to curry favor with the popular party. After the plot of the Oligarchs had been carried out in Athens, messengers were sent to the army away from home on the Hellespont and at Samos, to win it over to the new government. Prominent among those envoys were Peisander, Phrynichus, and Eratosthenes (Lys. XII, 42). The plans, however, did not succeed. The army firmly stood for democracy, removed from their command such officers as they suspected of disloyalty, and appointed two new leaders, Thrasybuilus and Thrasyllus, who proposed that Alcibiades be invited to visit their army at Samos. This invitation was just what Alcibiades had been anxious to compass, since he had been disappointed in his plans with the Oligarchs. He accepted it, repaired to Samos, and made a speech to the soldiers, assuring them, that if recalled, he could win for them the friendship and financial support of Persia. The soldiers at once voted his recall, appointed him commander in chief of the army, and urged him to lead them against the Oligarchs at Athens. He at once showed them the folly of such a movement, as that would leave the islands of the Aegean sea and the possessions of Athens on the Asiatic coast to the mercy of the Spartans. The messengers of the Four Hundred, who came to him from Athens at this time, were told that while some of their reforms were good, the Council of the Four Hundred would have to be set aside. This message brought trouble and dissension into the ranks of the Oligarchs -just what Alcibiades desired. The Four Hundred were accordingly deposed after the brief reign of four months by the people who suspected them of aiming to deliver the city over to Sparta. Some of the leaders of the Four Hundred fled from the city, while others, among them the noted orator Antiphon, were tried and put to death. APPENDIX. II 219 II THE DOWNFALL OF ATHENS.- THE THIRTY TYRANTS i. At the battle of Aegos Potami, on the Hellespont, in the summer of 405 B.C., the Athenians met with a crushing disaster. Lysander, the Spartan admiral, surprised and captured almost their entire fleet consisting of 180 vessels. Of the eight boats that escaped, the Paralus, or state trireme, proceeded at once across the Aegean sea to report the sad tidings at Athens. The boat reached the harbor town, the Peiraeus, in the evening. Quickly the news was carried up to Athens some four and a half miles distant. It is said that on that night no man slept. The Athenians, expecting the victorious Spartans to appear immediately in their harbor, began vigorously to strengthen their fortifications, and to prepare themselves to resist an attack or to stand a siege. They did not know just what would be their fate nor that of the city. Yet they were certain that they would be humiliated and severely punished. Lysander, however, did not proceed at once to Athens, but sailing to the various islands in the eastern and northern Aegean in alliance with that city, brought them under his sway. He even sent Eteonicus to Thrace to reduce the Athenian subjects there. Lysander seems to have succeeded in this work of subjugation until he reached Samos. The inhabitants of that island held out against him. The Athenians that were found in these subjugated towns and islands were released on condition of their returning to Athens. The object of the Spartan admiral in pursuing this policy was so to swell the population at Athens as the more quickly to starve the city into surrender. At the same time he sent word to the Spartan kings, Pausanias in the Peloponnesus, and Agis at Decelea in Attica, to march to Athens, and to cut off the city's supplies by land, while he himself sailed into the harbor of the Peiraeus to prevent the ingress of help by sea. 2. The Athenians were now in a sad plight. Thinking that their city was probably doomed to destruction, and themselves to slavery or death, they held out for some time. The affairs of the city during this time were placed in the hands of the Areopagus (see App. II, 8). 220 APPENDIX. II Early in the autumn, the Athenians sent commissioners to Agis, who was still encamped before the city, to arrange a settlement of affairs. They offered to form an alliance with Sparta on condition that the long walls and the walls of the Peiraeus should not be destroyed. Agis referred them to the Ephors, the executive officers of Sparta, by whom the proposition was disdainfully rejected. The Athenians, though hard pressed, were still disposed to resist, and one Archestratus was imprisoned simply because he suggested submission. Lysander in the meantime having carefully blockaded the Peiraeus, returned to Samos to continue his operations against that stubborn island. The oligarchic party at Athens, long in sympathy with the Spartans, were quietly doing what they could to help on their cause. One of their number, of the milder faction, Theramenes by name, who had considerable influence with the people, at his own urgent request was appointed to bring about a settlement with Sparta. He had assured the Athenians that he could obtain peace without the destruction of their walls or the surrender of their ships. Accordingly they anxiously awaited his return. He did not go to Sparta as he was expected to do, but proceeded to Lysander at Samos, where he remained for three months, his object being to reduce the Athenians by delay and continued distress to a condition in which they would be glad to accept almost any terms. Theramenes, on his return from Samos, reported that he would have to go to Sparta to consult the Ephors. He went, but instead of bringing back the terms he promised to obtain, he brought most humiliating conditions, excusing himself by saying that the terms secured were far better than those that the Corinthians and Thebans, allies of Sparta, had urged in the convention. Thus he not only failed to accomplish that for which he was commissioned, but purposely, as many thought, did what he could to embarrass and humiliate the people who had appointed him, and gained by his treachery the odious reputation that he has always held in history. The terms that he obtained were that the long walls and the walls of the Peiraeus should be destroyed; the ships, except twelve, should be surrendered; the Athenian Oligarchs in exile should be recalled; Athens should form an offensive and defensive alliance with Sparta, acknowledge the latter's supremacy, and serve under her direction by land and sea. The orator Lysias APPENDIX. II 221 in one of his orations (XII, 70) accuses Theramenes of even froposing the dreadful conditions. They were accepted with few dissenting votes by the assembly. This was in the spring of 404 B.C., and Lysander returned from Samos to begin the work of destroying the walls to the music of flutes and with manifestations of great joy. 3. It was now summer, and the time had come for the appointment of a new boule, new archons, phylarchs, and other officers. The Oligarchs succeeded in doivg away with the democratic form of government, substituting therefor an oligarchical system. This they did through the efforts of political clubs who appointed five men, called ephors, out of compliment to Sparta, to dictate to the Ecclesia, and to control the appointment of officers. While these changes were taking place, Theramenes seems to have had much influence and authority. He did not allow an assembly to convene till Lysander came again from Samos, who, with certain Athenian leaders, such as Philochares and Miltiades, addressed and intimidated it by threats. Their presence also greatly emboldened Theramenes to openly insult his own citizens when they clamored against his proposition to appoint thirty men to draw up a code of laws, and in the meantime to carry on the government. As a result, the opposition was silenced, some of them voting for the Thirty, others leaving the meeting without casting their votes (Lys. XII, 75, 76). These Thirty were made up of ten nominated by the beforementioned officers of the political clubs, called ephors, ten nominated by Theramenes, and ten taken from the Ecclesia then assembled. Their names, as given by Xenophon (Hell. II, 3. 2), were as follows: Polychares. Diodes. Aeschines. Critias. Phaedrias. Theogenes. Melobius. Chaereleos. Cleomedes. Hippolochus. Anaetius. Eristratus. Euclides. Peison. Pheidon. Hieron. Sophocles. Dracontides. Mnesilochus. Eratosthenes. Eumathes. Chremon. Charicles. Aristoteles. Theramenes. Onomacles. Hippomachus. Aresias. Theognis. Mnesitheides. 222 APPENDIX. II The above-named persons were appointed by a vote of the Ecclesia. Lysander now repaired to Samos again, the Spartan armies in front of Athens withdrew, and the people began to be hopeful. The crowds in the city could go forth once more and resume their wonted vocations. 4. The conduct of the Thirty, however, who began their reign of terror in the summer of 404 B.C., soon aroused suspicion and dissatisfaction. Instead of at once arranging new laws and seeking to benefit the people, they took steps to establish themselves firmly in power. To this end they brought about the appointment of a senate and officers in sympathy with their own ideas. They then put to death hundreds of citizens whom they feared or whom they thought in sentiment opposed to them. At first the disreputable and dangerous informers, sycophants, as they were called, were the objects of their deadly work. This did not especially disturb the people, as that infamous class of citizens was dangerous at all times and in all forms of government. Others were murdered simply because they preferred a democratic form of government to an oligarchic. Theramenes, at the head of the moderate faction of the Thirty, opposed this extreme measure. This caused alarm to the more radical portion of the Tyrants headed by Critias. Critias offered as a compromise that a list of 3000 privileged persons should be made out and take the place of the old Ecclesia. Theramenes again objected, but was defeated. Accordingly the 3000 were selected, and all other citizens deprived of arms. Others still were put out of the way because of private enmity toward them on the part of the Thirty. But the Thirty did not stop there. They needed money with which to support a Spartan garrison on the Acropolis, and to defray other large expenses incident to their work. Accordingly the radical faction of the Thirty proposed to select rich metics, or resident foreigners, put them to death and confiscate their property. To shield their real object, namely their quest for money, from the people, they proposed to select occasionally a poor metic. Theognis and Peison, who were both Radicals, seem to have proposed this step. Theramenes had the courage to oppose the Radicals in this matter also, and in consequence was arrested, at the instance of the infamous Critias, and compelled to die by drinking the fatal hemlock. APPENDIX. II 223 With Theramenes out of the way, the Radicals proceeded with their deadly work among the metics. Citizens not enrolled among the 3000 were robbed of their land and property and forbidden to enter the upper city. They consequently fled in every direction, to the Peiraeus, Chalcis, Megara, Thebes, and when the towns in which the fugitives took refuge were commanded to return them, they generally did not obey, probably because of their jealousy of Sparta and their hatred of the Oligarchy. 5. The proceedings of the Thirty thus far occupied the summer of 404 B.C. Thereafter the Thirty received a decided check in their reckless course. Thrasybulus, a democrat, who had fled to Thebes, accompanied by seventy followers seized Phyle, a pass over Mount Parnes, and about twelve miles from Athens. Thebes, out of jealousy of Sparta, encouraged this enterprise. The Thirty went out to attack the little band at Phyle, but were repulsed in trying to storm the stronghold. This failure and a heavy snowstorm led them to return to Athens. They then sent out the Spartan garrison and some cavalry, intending to lay siege to the place. Thrasybulus, who meanwhile had been joined by other patriotic fugitive democrats to the number of seven hundred, by a bold dash in the night routed the forces of the Thirty. The latter returned to Athens and forthwith began to plan some way of escape in case of need. They selected Eleusis, which commanded a mountain pass west of Phyle. Pretending to hold an inspection of the citizens of Eleusis that were able to bear arms, they made them file out of the city at the exit nearest the sea, taking the name of each individual at the gate. They then surrounded them on the beach by horsemen, arrested and gave them over to the care of the Eleven, who constituted the body that served the Thirty as executioners in their bloody work. On the following day, under the direction of Critias, they were, contrary to all law, and by a single vote, condemned to death. Thrasybulus now - probably in November, 404 B.C.- with a thousand men, entered the Peiraeus at night. The Thirty Tyrants with their forces rushed from the city to the Peiraeus, and Thrasybulus was compelled to fall back in his effort to check their advance. He then took up his position on the slope of Munychia, an eminence southeast of the Peiraeus. While he had the advantage of position, the Tyrants were far superior in the number of their troops. A 224 APPENDIX. II battle followed, resulting in a victory for Thrasybulus. Among the dead was the notorious Critias, the leader of the radical faction of the Thirty Tyrants. A conference between the opposing forces then ensued in which Cleocritus, who had held the sacred position of Lvo-rTWV K7pvU, strongly advocated peace. The Tyrants went back to Athens, greatly discouraged at the outlook, while the 3000 consulted in groups here and there about the city. Some who shared the guilt of the Tyrants desired to continue the struggle. Others were ready to come to terms. They finally deposed the Thirty, who soon thereafter left the city for Eleusis and other places. A Board of Ten, one from each tribe, was appointed to meet and treat with Thrasybulus. They attempted to bribe him, but without success. As they were unwilling to make terms with the enemy in the Peiraeus, hostilities were renewed. The Tyrants at Eleusis and the Board of Ten at this juncture sent to Sparta for aid. Accordingly Lysander came and blockaded the Peiraeus, while Pausanias approached it with a land force. The former, Lysander, also obtained for the Oligarchs a loan of one hundred talents, and got himself made harmost or governor of Athens. Pausanias seemed to have had no special liking for him, and hence was in no way anxious that he should gain new honors. Accordingly he persuaded the Ephors to withdraw the guard from Athens, and, after a little pretense and a skirmish or two, he gave the party, whom he had been called to fight, indications of his readiness to receive a committee to confer regarding peace. The Board of Ten in the city was replaced by another Board of the same number which was disposed to come to some settlement of difficulties, if possible, with the Democrats. This committee was sent to Sparta, a conference held, and a settlement arranged providing that there should be a complete amnesty and restitution of property to all; that the Thirty, the Ten Commissioners (not the Ten who succeeded the Thirty in the city), and the Eleven should be excluded from this amnesty, unless they submitted to the usual scrutiny; that those of the city party who were afraid to remain in Athens should be permitted to live at Eleusis. Though those matters occupied some time, Thrasvbulus was in possession of Athens before the end of June. 403 B.C. APPENDIX. III 225 6. Thus ended the brief but terrible reign of the Thirty Tyrants. The old Senate and Public Assembly were restored, the courts reopened, archons appointed, and the government in the main was reestablished in the same form that it had before the terrible reign of the Thirty. The chief archon for the year 403-402 B.C. was Euclides, a name prominent ever thereafter. The previous year there had been no archon. It had indeed been a year of fearful anarchy. The peace was ratified by a solemn procession and a sacrifice to Athene on the Acropolis. The Democrats, though restored to power, were moderate in their use of it. The Tyrants who had fled to Eleusis endeavored for a time to renew the conflict, but without success. ArchTnus got a law passed which provided that an action for an offense alleged to have been committed under the rule of the Thirty might be met by demurrer, that is, that the offense committed was covered by the amnesty, and could not receive consideration unless the demurrer was first set aside. For some time after the restoration of the Democracy, the courts were full of business connected with private property interests that had been seriously injured by reason of the tumult, commotion, and lawlessness that had characterized the rule of the Thirty. III LEGAL PROCEDURE. - COURTS i. Kinds of Trials. At first the general term for a suit at law was 8&'Kr. A private suit, that is, a case in which one citizen was brought to trial by another, was called 18&a 8'Ky; a public suit, or a case in which the state was a party, was termed 8&yooala &8'Kry. Later, for example, in the time of Lysias, the single word 8tKq generally meant a private suit, while ypazfy was used for a public suit. Suits were also divided into 8tKat dr7arrot, in which the penalty was fixed by law, and S'KaL TLLqTrL', in which the penalty was not thus fi'ed, but determined at the close of a trial. Suits were still further divided into &aKGL KarTL rLVO,, the complaint being against the personal conduct of the defendant, and 8'Ka 7rpo; rtva, the object of which was to settle a question of legal right between the parties concerned. There were also methods of WAIT'S LYSIAS - J5 226 APPENDIX. III procedure by summary arrest, for example, by arraywyi, in which the accused, caught in some act, was taken immediately before the magistrate by the plaintiff; by E'V&Le.t, in which the magistrates had the accused brought before them on the charge of performing public functions for which he was disqualified by law; and by Eo-ayyEXtia, in which the accused, for some heinous public offense, such as treason, was arrested by order of the Senate or the Assembly, and then usually turned over to a court for trial. 2. The Summons. The first step in bringing a regular suit in the courts was the summons (KX?^o-rt or 7rporoKXrqOT). The accuser was required to summon (KaXElo'Oat or rpoo'KaXdo'OaL) the defendant to appear before a certain officer, according to the nature of the case, at a certain time and place. This summons had to have witnesses, usually two in number, to make it lawful, and any dishonesty or deception on their part was punishable by a process called ypao' i/EvoKrrc^TELas. The accused generally had to appear within five days after he was summoned, and hear the complaint against him. The plaintiff in making the summons was not allowed to enter the defendant's house. He could call him outside, or, in case he would not come, read the summons in front of his house, and make a service by publication through a court officer. The plaintiff was required, before the time for the first appearance of the parties before the magistrate, to present, in written form, the complaint (JyKX-rLa or,kXtg) that he had against the defendant. 3. The Answer to the Summons. The next step in the suit was the first appearance of the parties, in compliance with the requirements of the summons, before the proper magistrate. If the defendant failed to appear at the proper time and place, judgment was given against him by default. If both parties to the suit appeared as per agreement, the magistrate decided whether or not the suit was Era-ayro'ytlo, that is, whether it was brought before the proper court, in proper legal form, and within the time required by law after the cause for the suit had arisen, and was duly attested by the witnesses to it. If the requirements and conditions were found to have been properly met, and the defendant was unable to establish any objection to the form of the suit, both parties to the trial made deposits for court fees, the magistrate in charge wrote the complaint on a tablet (o-avl'.,XEviKta), and published it by APPENDIX. III 227 hanging it up near his office. The defendant put in his counterplea (avrtypac/), and the case was now ready for the next step, called the davaKpto-T or preliminary trial. o 4. The Preliminary Trial. The third step was the preliminary trial (JvaKptout), and consisted in the arrangement of the facts and evidence in the case, as well as the principles involved, for use at the trial proper. This evidence, offered by both sides, was made up of the laws (vi/oot) applicable to the case, and presented in written copies by the parties concerned; the evidence of documents such as wills, contracts, public records, and the resolutions of the Assembly; affidavits as to the facts in the case; the testimony of slaves obtained under torture; the evidence of witnesses or free citizens who might be called in by either side. Sometimes also evidence by commission, as in modern times, was taken. A man was not generally allowed to testify for himself. Each party to the suit confirmed his written statements under oath, at the preliminary trial. This was called Swo/oo-ta or avrTo/xorota. If in the collection and arrangement of this evidence the defendant found grounds for interposing objections at any point, the case might be blocked for a time at least, or, if the objections were sufficiently strong and had legal support, cast aside entirely. Such objections often had the effect, perplexing to the plaintiff, of greatly delaying the progress of the suit, as they had to be removed before it could proceed in regular order. If, however, nothing could be interposed to hinder the course of the trial, or if the objections introduced were set aside, all the written evidence, documents, and laws in the case were sealed by the magistrate in a metal or earthen vessel (EXCVo,), and put aside for use at the trial proper. The parties to the suit could still settle the case between themselves if they chose to do so, in which event, of course, it would go no further. 5. The Trial Proper. The next step was the trial proper (Kpt'o'L), which took place at a time fixed by law, or arranged by the magistrate who had had charge of the aVaKptLrLT or preliminary trial. At the time and place appointed the parties to the suit appeared, and took their places in court, each on a raised platform. The same magistrate presided as at the d&vaKpto0t. The complaint and answer were read. The parties to the trial then spoke. If they were not good speakers 228 APPENDIX. III themselves, they often made a sort of preliminary statement of the case, as best they could, and then called upon a friend (o-vvryopoo, o-Uw&Ko3) to make the-plea for them. The time given to each side for speaking was arranged beforehand, and regulated by a waterclock (K,/oSpa), presided over by a court officer. The flow of water was stopped during the giving of evidence, or the examination of witnesses. The witnesses stood on the orators platform, and as a rule merely acknowledged the testimony that had been taken at the dvaKpto'-t as theirs. Sometimes, however, they were further questioned also. The speakers could question each other, and were obliged to answer. Only judges were allowed to interrupt them. Many practices were resorted to that are found in modern times, such, for example, as the bringing of the defendant's family into court, who, by their sad faces and copious weeping, it was doubtless hoped, would arouse the sympathies of the judge and jury. Sometimes the defendant tried to produce the same effect by appearing with the olive branch of a suppliant. The speeches delivered, the jurors voted. Each juror was given two metal disks, one solid for acquittal, the other, perforated in the center, for conviction. There were two urns in the court room, one of metal to receive the ballots to be counted as votes, the other of wood to receive the other ballots. By holding these two disks, one in each hand, with the thumb and finger at the center, only the juror knew which was the solid and which the perforated disk, and consequently no spectator could tell the nature of the vote cast. After the jurors had voted, the votes in the metal urn were counted, a majority in either direction determining the case. If there was a tie, a verdict was given in favor of the defendant. If the trial belonged to the class called LKatL drt/LrqTo, or those cases for which the penalty was fixed by law, the suit was now at an end; if, however, it came under the class &LKatL TqLrtro, or cases for which the punishment was not prescribed, the amount of damages had to be settled before the case could be dismissed. In such trials the plaintiff put in his claim, and the defendant a counter plea. The jurors voted on the matter as before. The plaintiff in some private cases, if he lost his suit, was compelled to pay the defendant a sum equal to one sixth (an obol for each drachma Ernww/3X)a) of the APPENDIX. III 229 amount for which the suit was brought. In a civil case, if he failed to get one fifth of the votes of the jury, he was fined Iooo drachmas, and prohibited from ever bringing a similar suit again. 6. Execution of Punishment. O V'EKa, the Eleven, as they were called, looked after the execution of the penalty for crimes; ol 7rOdKTopE, after the collection of fines; o 7rwXTXrral, after the confiscation of goods. In civil cases, the plaintiff, if successful, had to look after the collection of damages himself, and the defendant was directed to pay them by a given time. If he did not do so, he rendered himself subject to SrtK-r Eeotir]k (an action of ejectment, or for trespass). There was no appeal from the verdict. If, however, the defendant had been condemned while absent, or by false testimony, he could get a rehearing of the case. The judgment could also be set aside if obtained through perjured witnesses. The usual punishment consisted in the payment of a money fine. Imprisonment was rarely inflicted as a penalty. Persons condemned to die were kept in prison till their execution; sometimes the accused were imprisoned till the day of their trial, unless some of their fellowcitizens went security for them. Before trial, murderers were often free. If they fled, it was regarded as a case of good riddance. Such a fugitive had no civil rights away from home, and was at the mercy of those among whom he went to live. The death penalty was not infrequent. Other forms of punishment were confiscation of property, and dritta, - that is, a partial or complete loss of the rights of citizenship. 7. Court Magistrates. The Archons were the most important magistrates, who examined, prepared, and presided at the court trials at Athens in the time of Lysias. Of these there were nine. The first, the Archon Eponymus, had charge of cases regarding domestic relations; the second, the Archon Basileus, looked after trials concerning the state religion, murder or manslaughter; the third, the Archon Polemarchus, conducted suits in which aliens and metics were concerned. The remaining six junior Archons were called Thesmothetae, and attended to such cases as did not properly belong to some other magistrate. 8. The Court of the Areopagus. The Court of the Areopagus was the oldest judicial body in Athens. Down to about 500 B.C this court had very wide jurisdiction. Thereafter its powers were 230 APPENDIX. III gradually taken from it and given over to the popular tribunals. In the time of Lysias it seems to have been restricted in its jurisdiction to cases of murder, of poisoning (fatal cases), and of arson. It had the care also of the sacred olive trees, and exercised general control in matters of state religion. It met either on the hill whence it derives its name, or in the office of the Archon Basileus in the market place. It was composed of ex-Archons who at the close of their service as Archons had successfully passed the ordeal of an investigation of their official conduct, besides a special examination before the Areopagus itself. It was called by the Greeks ' fvovXk Se 'Apetov rdayov, or -4 iv 'ApEtl Trayy, and, like the Senate, was often addressed as 7 f3ovKX. 9. The Heliastic Courts. The court that attended to most of the law business in ancient Athens was named the Heliastic. It was so called, it is said, from XtaU'a, " sunny" hall, the place of the chief law court. Native citizens over thirty years of age were eligible to this body, instituted to decide law cases for the people. As a matter of fact, only about 6000 people belonged to this court at one time. The number of jurors appointed to hear a given case varied according to its importance. The smallest Athenian jury that we know of consisted of at least 200 men, while, we are told, juries in some cases numbered as many as 2500. They were not, usually at least, assigned in even hundreds, but an additional man was added in each instance in order to avoid a tie vote. Thus, for example, the juries would number 201, 301, 2001, instead of 200, 300, 2000, etc. There were many court rooms in Athens, - the exact number is not known, - and to these were assigned the various sections of the Heliastic courts. At first the same section was assigned to the same place for a year. Such an assignment afforded opportunities for collusion and bribery, and had to be changed. Indeed, Aristophanes, in his comedy of the Wasps, pays his respects to this arrangement and its defects. Later, the sections were changed from place to place, and in some cases the individual members of a section were moved about and separated to insure fairness and honesty in their decisions. The body of Heliasts was divided into ten sections, and designated by the letters of the alphabet from A to K. Each Heliast, APPENDIX. IV 23I or juror, was given a bronze ticket, on which were stamped his full name and the letter of the section to which he belonged. Each day these sections were assigned to the various court rooms in the city in the following way: There were two urns, in one of which were placed the letters of the various sections of Heliasts, while in the other were the letters designating the various court rooms. The Thesmothetae took one ticket from each urn at the same time, and made the assignment, handing them to a juror. For cases requiring less than an entire section, probably an additional selection by lot was made. The various court rooms were also indicated by the color of the lintel over the door. Each juror was given a staff of the same color as the lintel of the room to which he was assigned. This assured him admission to the court. On entering he gave up his staff, and received a ticket entitling him to his fee at the close of the sitting. This fee was at first two obols (six cents), but in the time of Lysias and the other Attic orators it had been increased to three obols (nine cents) a day. The parties to the suit and the jury were separated from the spectators in the court room by a railing (SpV'OiKTos). Within this railing were wooden benches for the jury, a platform for the presiding magistrate, one for each party to the suit, one for the speakers and witnesses, a water-clock (KXhav'pa), and a table for the voting urns. IV GREEK ORATORY I. Oratory was the last form of literary prose developed by the ancient Greeks. It is true that we find in the Iliad of Homer examples of spontaneous speech. Odysseus, Nestor, Phoenix, and other prominent Homeric characters in that great poem, speak eloquently in council and debate. But in the speaking of that time and for centuries thereafter the attention of the speaker was directed more to the substance of his remarks than to style of composition and manner of delivery. The best counselors and debaters of those early days displayed in their efforts a natural eloquence, but it was not developed nor polished by the rules of oratory that prevailed 232 APPENDIX. IV at a later time. As monarchies, oligarchies, and tyrannies passed away in various parts of the Greek world, giving place to democracy, and as greater liberty, ambition, and hope came to the masses of the people, the conditions for the general development of public speaking were more favorable. But even in these changed conditions, a long period was necessary for Greek oratory to grow and develop into the dignity of a fine art. The attainment of great excellence in anything of moment is not a matter of days, but of years. In the case of Greek oratory a century of development under the most favorable circumstances passed before the highest achievements were reached. It is true that early in that century of growth in eloquence, agreeable and forcible speakers arose. Themistocles, prominent in the Persian wars, was accounted a good orator by his contemporaries, we are told, and was listened to with pleasure. Pericles, the great statesman, a little later, also attained rank as a public speaker, his words being spoken of as Olympian thunder. He had, it is said, a magnificent presence, a calm, dignified bearing, and a mind of unusual depth and grasp. Yet the oratory of those speakers, which was chiefly of a political nature, was wanting in that method, theory, and artistic finish that characterized the oratory of a later time. Now the development of Greek oratory from its crude beginnings in the fifth to the crowning excellence to which it attained in the fourth century B.C. was strongly influenced in three ways: first, by the teaching of the early Sophists from the East; second, by the teaching of the Rhetoricians of Sicily; third, by the work of Logographers, or speech writers. The early Sophists from the East were the first to exert an influence on the development of Greek oratory. The masses found themselves in possession of new privileges and opportunities, that came to them by reason of the favoring conditions resulting from the changes in the forms of governments, and the inauguration of new institutions. It was necessary that they should be trained to properly meet the requirements of the new order of things. This training the early Sophists undertook to give. They went about from place to place, delivering lectures, teaching the young, and preparing them to meet the new demands of public life, among the APPENDIX. IV 233 chief of whic' was readiness in public address. They, therefore, sought to render their pupils keen in argument and versatile in speech. To this end they taught them logic and grammar. In the use of logic they claimed to train their followers to such a point of skill as to be able to defeat an antagonist on his own ground, often by making the weaker appear the stronger argument. In grammar they sought to teach accuracy in the meaning and use of words. They supplied them with a treasury of " commonplaces " to draw from as occasion required, consisting of plausible maxims to be used now with the old, now with the young, now with the rich, now with the poor. These often contained contradictory statements and verbal quibbles, - as, for example, " Might is right," SMight is not right,"- and the orator was to use that one best suited to the case in hand, without much regard to questions of morality, the object being to win the case, even, if necessary, at the sacrifice of truth. While these early Sophists, prominent among whom were Protagoras and Prodicus, contributed somewhat to the development of Greek oratory, still public speaking in their hands was far removed from the dignity and importance of a fine art. By their instruction in logic and grammar they prepared the way, as it were, for the next step in the progress of Greek eloquence. This step was to be taken through the influence of the Rhetoricians of Sicily. The Rhetoricians of Sicily taught a theory of rhetoric. It was developed from the practical needs of the times. Owing to political revolutions, the Sicilian law courts were filled with cases involving personal rights and property interests, both questions of great moment to the parties concerned. People in such straits, compelled, as they were, to make their own pleas, stood greatly in need of oratorical power. It was for such persons that the Sicilian rhetoricians wrote their works. They taught an orderly arrangement of the parts of a speech, making it to consist of an introduction, exposition, arguments, remarks, and peroration. They also laid great stress on arguments from the probabilities in a case; that is, as to whether or not certain things were likely to happen in a given matter in view of the circumstances attending it. In addition to instruction in rhetoric proper, they also taught grace of voice and gesture. 234 APPENDIX. IV The first Sicilian rhetorician of whom we know mnything was Corax, who wrote a work on the Art of Words (no longer extant) for the use of litigants in the law courts. Tisias, his pupil, was another rhetorician of the same island and school, and, it is thought, numbered among his students the orator Lysias. Gorgias, however, was the greatest of all the Sicilian rhetoricians. When sent on an embassy by his people to Athens in 427 B.C., he so charmed the Athenians by his fluency and grace of speech that they at once began to imitate and copy his style of oratory. He became exceedingly popular, established a school at Athens, and taught for many years. He was florid and often turgid in style, and made free use of the antithetic and balanced structure in his sentences. On the characteristics of the Sicilian rhetoric, see remarks under the Style of Lysias. The Logographers, or speech writers, also greatly promoted the growth of Greek oratory. Indeed, they elevated it to the rank of an art, and made it a branch of literature. In the early days of Greek democracies, when the people all received much the same education (which was, indeed, little enough), and when there was no such thing as finished, polished oratory, such as characterized the fourth century B.C., the differences between speakers in general were not so great as at a later date. When, however, oratory became a fine art, and all did not have the advantage of the same training, greater differences arose. Consequently, the untrained speaker, when pitted against an opponent thoroughly skilled in the art of persuasive utterance, found himself at a great disadvantage, by reason of the wonderful influence upon a Greek jury of a skillfully prepared and well-delivered oration. This state of things called into existence a class of speech writers (Xoyoypdcot), whose business consisted in preparing speeches for the use of those who were untrained in public speaking. Many of the great orators, for example, Antiphon, Lysias, and Demosthenes, were XoyoypoaoL as well, since, besides preparing their own orations, they wrote speeches for others. It is to these Logographers, or speech writers, no doubt, that we are indebted for the preservation of many of the Greek orations that have come down to our time. See what is said on the Aoyoypdqot, under the Life of Lysias. These three agencies, then, the Sophists from the East, the APPENDIX. IV23 235 Rhetoricians of Sicily, and the Logographers at Athens, were the chief forces in promoting the growth of ancient Greek oratory. The principles and practice of the art of public speaking thus acquired were constantly taught in the rhetorical schools of Athens, until, at last, a literary style of the greatest elegance and power was attained. Greek oratory reached its highest development in the fourth century' B.C., the period of the so-called ten Attic orators. It was then characterized by great polish, euphony, beauty, and force. Among its chief representatives were the charming Lysias, the polished Isocrates, the great lawyer and master of forensic speech, Jsaeus, and the matchless Demnosthenes, who combined in his oratory all that was best in that of others, and added thereto his own inimitable harmony and power. Near the close of the fourth century B.C., Greece lost her independence, - the source and inspiration of her oratory. With the incentive and occasion for public speaking gone, eloquence declined., never again to rise and reach the lofty heights to which it soared when Greece was free and fired with patriotic zeal. There were many opportunities and occasions in ancient Athens for public speaking. For example, there was the ASSEMBLY, in which the citizens were privileged to meet and speak on the various matters presented for deliberation and discussion. COURTS were established in which suits at law were settled. EXAMINATIONS (8oKtjkao-t'at) were made into the fitness of candidates to enter upon the duties of the offices to which they were elected, and other examinations (EV'6vvat) into their official conduct at the close of their terms of office were held. At both of these examinations or scrutinies, one at the beginning, the other at the end of an official term, the candidate for, or the incumbent of a position, might be called upon to defend himself against a charge of unfitness for office, or dishonesty in its management, especially at the hands of an enemy or unprincipled rival. These institutions in democratic governments, namely, the public assemblies, the law courts, as also the scrutinies, offered opportunities, and often imposed necessities for public speaking. While the Assembly afforded an excellent opportunity for public address, and a good orator could there gain fame and preferment at the hands 236 APPENDIX. V of his countrymen, yet people were not compelled to speak in that body. It was when. attacked in their scrutinies or brought to trial in court that they had to speak. Then the untrained were sadly in need of help in the preparation of their speeches. There were no attorneys, in our sense, to relieve them of their difficult tasks. Each citizen had to state his own case, and make as good a showing as he could. Sometimes, Indeed, he was followed by other speakers (o-vvryopoL, O-V'1vKOL) by way of aid or support, but he was required in his own person to make the first address or statement. V ATIMIA. -AHITOYPrIAI i. There were three kinds of a"rtdta; temporary, total, and partial. The first kind, or temporary Jrti'a, arose from indebtedness to the state, and could be removed by discharging the debt in any given case. This indebtedness could arise in various ways, e.g.: (a) By contempt of court. (b) In public suits. (c) By losing a suit on an audit. (d) By being summarily convicted and fined by a magistrate. (e) By purchasing a contract for a tax and failing to pay. (f) By giving bail to the state. The second kind, or total Jrit/ta, excluded a man and his descendants from all civil functions, and could result from many crimes, e.g.: (a) From theft or bribe taking. (b) From military offenses. (c) From giving false evidence three times. (d) From ill treatment of parents. (e) From making a false indorsement on a summons three times. The third kind, or partial Jrt.txa, was incurred for a particular reason, and consisted of specific disabilities, e.g.: (a) Those who had served under the Thirty were not allowed to speak in the Assembly, nor to become members of the Senate. APPENDIX. V 237 (b) Some might not be allowed to bring a public indictment. (c) Some could not lay an information. (d) Some were not allowed to sail to the Hellespont or to lonia. (e) Some were prohibited from entering the agora, or market place. 2. AfrTouppyiaC (Liturgies) was the general name given to certain public services imposed by the Athenian people from time to time on her wealthy citizens. The state thus often relieved itself of some of its burdens. Many citizens resorted to all sorts of devices to escape the performance of these duties. As a result, the state sometimes suffered loss and disaster. If a citizen called upon to perform one of these services felt that another who was richer had been passed by for any reason, he could challenge such a person to an exchange of property with himself, or to assume the liturgy. If the challenge was refused, the matter could be brought before the Heliastic court for settlement. If the defendant lost the case, he had to choose between the alternatives proposed by the plaintiff. Of these public services there were several kinds, of which we may mention the following: (a) TptLpapXla (Trierarchy), or the fitting out of a trireme, originally by one man, then by two, and still later (about the middle of the fourth century B.C.) by a company of men called symmories or navy boards. These consisted of the 1200 wealthiest citizens, and were divided into twenty groups, each containing sixty men. These groups were in turn divided into small bands, each of which furnished one trireme, and named its captain. When two men together provided a trireme, each commanded it for six months. This burden could not be imposed upon the same citizen oftener than once in two years. (b) Xopqylta (Choregy), or the furnishing of a chorus by the richest citizens for various public festivals, particularly that of the greater Dionysia, held in March of each year, on which occasion new tragedies were presented in the theater. This furnishing included the costuming of the chorus, and the payment of the musicians who trained it. This often proved to be a very costly public service. Wealthy citizens vied with one another in its performance, and the man who presented the best chorus received a prize. Some 2.38 APPENDIX. VI times the duty of providing a single chorus was imposed on two or more persons. (c) Eio-opa was also a kind of X9r-ovpyTa. It was properly a special public tax imposed on the people, according to their individual wealth, in time of great financial stress, as, for example, during a long and expensive war. It was a sort of income tax. VI ATHENIAN MONEY The approximate value in United States money of the various amounts named by Lysias in some of his orations may be computed from the following table: ATTIC MONEY I obol.. = $0.03 I drachma.... = o.18 I mina..... = 18.oo I talent..... = o80.0o The obol and drachma were silver coins. Of the former, there were pieces of various values, e.g., the three-obol piece (.09), the half-obol piece (.015). and the quarter-obol piece, a little less than I cent in United States money; of the latter, a four-drachma piece (.72) was quite common. Copper was used for coins below the half-obol. The mina and the talent were weights. The talent was in terms of money equal to 57.75 pounds avoirdupois of silver, and had the value of 6000 drachmas. The Daric was a Persian gold coin equal in intrinsic value to about $5.40 of United States money. It passed for 20 drachmas among the Attic Greeks. The Cyzicene Stater was a coin of the town of Cyzicus on the Propontis, and was made of electrum, a mixture of gold and silver. It was valued at 28 Attic drachmas by the Athenians. CHRONOLOGY B.c. 459. Birth of Lysias (traditional date). 444. Birth of Lysias (according to many modern scholars). 431. Beginning of the Peloponnesian war. 429. Lysias and his brother Polemarchus go to Thurii in Italy. Death of Pericles. 412. Lysias banished from Thurii. 411. Lysias in Athens again. The Four Hundred established in power and overthrown. 406. Battle of Arginusae. The generals condemned. 405. Battle of Aegos Potami (August). Siege of Athens begun (late autumn). 404. Embassies to the Spartans. The meeting to consider peace (April). Athens surrenders. The exiles of the aristocracy return. Lysander conquers Samos. The meeting concerning the change of government (Sept.). The Thirty in power. Lysias in exile. Theramenes put to death. Thrasybulus at Phyle (winter). Those not in the catalogue of the Three Thousand disarmed. The Eleusinians slaughtered. Thrasybulus at Munychia. Death of Critias. The Thirty deposed. The first Ten. 403. The government of the first Ten. Second Ten (spring). Pausanias at Athens. The reconciliation. Return of the Patriots (autumn). Lysias given citizenship, then deprived of it. 239 240 CHRONOLOGY B.C. 403. Lysias' oration'XII (Against Eratosthenes). Lysias' oration XXXIV (A Plea for the Constitution). 401. The Thirty overthrown in Eleusis. Lysias' oration XXXII (Against Diogeiton). 398. Lysias' oration XXXI (Against Philon). 395. Corinthian war. Battle of Haliartus. Death of Lysander. Lysias' oration VII (On the Sacred Olive Tree). 389. Death of Thrasybulus, the hero of Phyle. 387. End of the Corinthian war. Peace of Antalcidas. 380. Lysias' oration CXX (For Pherenicus). 378. Death of Lysias (traditional date). TYPOGRAPHY BY J. S. CUSHING & CO., NORWOOD, MASS.