BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF Mitnvu ^- Sage 1891 Date Due ! ^Itf^mmma t i AP^ S. - 1954HS _ Cornell University Library PA 4212.A2 1893 Orations against Athenogenes and Philipi THE ORATIONS OF HYPERIDES Oxfots HORACE HART, PRINTER TO THE UNIVERSITY a-i^u '^^m ^c-^----- r^Tl^T^H. -iri^^.i^fr.A'f^ 6 i f^r^dc^i ■11 #1 T,iii")'irc'T »^ HYPERIDES AGAINST ATHENOGENES. COL. VI. LINES 1-19. From the Papyrus in the Louvre. The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924026673131 HYPERIDES THE ORATIONS AGAINST ATHENOGENES AND PHILIPPIDES EDITED WITH A TRANSLATION BY F. G. KENYON FELLOW OF MAGDALEN COLLEGE, OXFORD ASSISTANT IN DEPT. OF MSS., BRITISH MUSEUM LONDON GEORGE BELL & SONS 1893 CONTENTS PAGE Introduction vii Text — Oration against Athenogenes . . . . i Oration against Philippides . . . , 47 INTRODUCTION § I. The object of this volume is to make avail- able for readers in an easily accessible form the two most recently recovered orations of Hyperides. Both have already appeared in print, but the oration against Athenogenes is to be found only in the pages of certain French and German periodicals, or accompanied by an expensive fac- simile, and the fragment against Philippides only in the same periodicals, or in a volume containing a large quantity of other matter, which a reader may or may not desire to possess, but which is, in any case, of a wholly different nature. The present volume aims at providing a readable text of these latest additions to classical Greek litera- ture in a moderate compass and without hetero- geneous additions. For the principle of appending an English translation to the Greek text no defence should be needed beyond an appeal to the practice of viii HYPERIDES Prof. Jebb ^ and the precepts of Prof, von Wila- mowitz-Moellendorff^, It is intended to serve two purposes; it often averts the necessity of an explanatory note, and it may interest some persons who do not care to read the originals. Beyond these objects, the task of translation is, or should be, its own reward to the translator. § 2. The MSS. Like all the recently recovered works of Greek literature, these two orations of Hyperides are contained in papyrus manuscripts. First in importance and first in order of discovery, though not first in publication, is the oration against Athenogenes. The papyrus containing this speech was brought to France by a dealer in 1888, and was acquired for the Louvre by M. Eugene Revillout, the well-known Egypto- logist and director of the Louvre Museum. To M. Revillout is due the identification, the main restoration, and the first publication of the precious contents of the MS. In 1889 M. Revillout an- ' SopJiocles, with critical notes, commentary, and translation in English prose, by R. C. Jebb, Litt.D., &c. ^ In the Vorwort, entitled ' Was ist iibersetzen,' to Euripides Hippolytos, griechisch und deutsch von Ulrich von Wilamowitz- Moellendorff. INTRODUCTION ix nounced his discovery in a memoir read before the Academic des Belles Lettres, and he also communicated a description of the contents, with a sample of the text, to the Revue des Etudes Grecques. A much fuller analysis, interspersed with the complete Greek text as read and restored by M. Revillout, appeared in the Revue Egypto- logique in the course of 1891 and 1892. In the summer of the latter year M. Henri Weil pub- lished a revised text ^, partly based on personal inspection of the MS. and a fresh transcript made by M. Theodor Reinach. Finally (if the contra- diction in terms may be permitted) M. Revillout's formal editio princeps appeared early in the present year ^. This volume contains an excellent repro- duction of the original MS. by photogravure, accompanied by the editor's text, revised from that previously published in the Revue Egypto- logique with the help of a large number of sugges- tions offered by Prof H. Diels and a few by Prof F. Blass. ' Revue des Etudes Grecqties, v. 157-188. ^ Corpus Papyrorum Aegypti, tome iii ; Papyrus Grecs du Louvre, &c., publies par Eugene Revillout : ler fasc, Le Plaidoyer d^ HypMde centre Athinogine (Paris, E. Leroux). X HYPERIDES The papyrus containing this oration has a special value as being the oldest MS. of a classical Greek work as yet extant, with the exception of Mr. Flinders Petrie's comparatively small fragments of the Phaedo and the Antiope. On the verso or back of the papyrus (and consequently of later date than the oration inscribed on the recto) are written some accounts in demotic, which M. Revil- lout states to be of the Ptolemaic period. Whether their date can be more precisely defined he has not yet told us ; but it is clear already that the MS. of the oration cannot be placed lower than the end of the second century B.C. Palaeographi- cal considerations confirm this view, and the MS. may be assigned with confidence to the century just named, and probably to the second half of it. The hand in which it is written, as may be seen from the specimen given in the frontispiece to this volume, is a firm, well-formed uncial of medium size. No exact parallel to it can be named, but it some- what resembles the MS. of Philodemus irept oTj/xettoz;, found among the Herculaneum papyri, the date of which is probably in the first century B. C. ^ The ' See Palaeografhical Society, ist series, plate 151. INTRODUCTION xi text, so far as it is preserved, is contained in seven- teen columns, each about 3^ inches broad, and thus considerably wider than those hitherto found in prose MSS. of early date. Each column con- tains twenty-eight lines. Pauses in the sense are indicated, as usual, by paragraphi in the margin and blank intervals in the text. Corrections are not numerous, but some have been made by the first hand and some by a later corrector. The orthography is generally good. The beginning of the speech is lost, probably to the extent of two or three columns. The five columns which follow are almost intact, but from the sixth onwards the bottom of the papyrus has suffered from friction, and the mutilations become progressively more serious, though the general course of the argument is clear throughout. The actual end of the speech is not preserved, but it is evident that a few more lines would have brought it to a conclusion. The whole speech, when intact, probably occupied about twenty columns, forming a roll of about 7 feet in length and 9 inches in height, which (allowing for the difference in the widths of their respective columns) would make it slightly longer than the only oration of Hyperides at present xii HYPERIDES extant in a complete form, the defence of Euxen- ippus. So far as can be judged in the absence of any other authority for the speech, the text is of a good character. Obvious blunders are rare, and blunders which are not obvious we are for the most part in no position to discover or correct. But the mutilated condition of much of the papyrus leaves only too much scope for conjectural supple- ments, j The MS. of the oration against Philippides, like those of all the other extant works of Hyperides, with the single exception of that just described, is in the British Museum. It was acquired in 1890, and was published in the summer of the following year in a volume containing several other texts and collations, notably the editio princeps of Herodas^- The MS., when complete, contained the oration of Hyperides against Philippides and (in a different hand) the third epistle of Demo- sthenes. Unfortunately the papyrus, which is of a very fine and delicate description, has suffered * Classical Texts firom Papyri in the British Museum, edited by F. G. Kenyon; published by order of the Trustees (1891). The Hyperides occupies pp. 42-55, and a facsimile of part of the original MS. is prefixed. Part of the following description of the MS. is reproduced from this volume. INTRODUCTION xiii severely, and the greater part of the oration is lost. Only nine narrow columns, containing the conclusion, are preserved in a state approaching completeness, and there are detached fragments belonging to at least six preceding columns, but in a condition which makes continuous restoration impossible. The continuous portion of the papy- rus measures i ft. ']\ in. in length, and 95 in. in height. There is a margin of about \\ in. at the top, and nearly a in. at the bottom, and the columns are separated by a space of about a quarter of an inch. The columns are very narrow, measuring barely if in. in breadth, and contain from sixteen to nineteen (generally seventeen) letters in each line. There are from twenty-six to twenty-eight lines in a column. The columns lean greatly to the right, as is often the case in early papyri. The writing is a small and very neat uncial, with some general resemblance to that of the principal papyrus of Hyperides (that containing the speech against Demosthenes and the defences of Lycophron and Euxenippus), but smaller and more delicate. Ligatures between the letters are frequent, and the strokes compos- ing them are quite as strongly marked as those of xiv HYPERIDES the letters themselves, which sometimes causes difficulties in decipherment. As with the French papyrus, the nearest parallel to the writing here employed is to be found in some of the Hercu- laneum papyri, most of which probably belong to the first century B. c. The present MS. may be assigned to the early part of that century, or possibly to the end of the second. The para- graphus (sometimes straight and sometimes semi- circular) is employed to indicate pauses in the sense, together with slight blank intervals in the text. The characters 7 and = are used to fill up superfluous spaces at the end of a line. Cor- rections are rare, but in two cases they are in a different hand, perhaps that of the person who wrote the epistle of Demosthenes on the same papyrus. The text appears to be in a good condition. Since the appearance of the editio princeps the text has been given by M. Weil in the Revue des Etudes Grecques (vol. v, pp. 1-6, I «-4 a), and by Prof. Blass in Fleckeisen's Jahr- biicher fur classische Philologie (1893, hft. a, pp. 97-105). Prof. Blass has also examined the original papyrus, and the results of his investiga- tion, which relate chiefly to the detached frag- INTRODUCTION xv ments, have appeared in the same periodical (1893, hft. 8). § 3. The Oration against Athenogenes. The recovery of the speech against Athenogenes is especially welcome, because there is excellent reason to believe that in it we have a thoroughly characteristic specimen of that class of oratory in which Hyperides especially excelled. The author of the treatise De Sublimitate (who, be he Longinus or Dionysius or another, was certainly one of the best critics of antiquity) couples it with the defence of Phryne as an example of a manner in which Hyperides was superior even to Demosthenes i- As an advocate in a social cause c^Ubre, or in any matter which required light and delicate handling, Hyperides was unequalled ; and we are now in a far better position than formerly to judge of the character of his genius. The Lycophron, the Demosthenes, and the Philippides are too much mutilated to afford us any fair test of style ; the ' C. 34, § 3 4 8^ A»)/io(rfleVi)s . . . iv6a p-fv y^Xoios cfvai 0ui(erai Kai aariios, ov yihwra KiffT /iaWov t) KaTay€\5,Tai, Srav Se eyyifciv 6e\ri r$ ^irlxapts elyaL, t6t€ irKiov cupiffrarou. t6 ye roi wepl ^p^vTjs ^ 'Miivoyfvovs KoylStov iTrixeipiiaas ypitpeiv en fiaWov tLv 'TTepelSriv (TvyeffTTja'ev. xvi HYPERIDES Funeral Oration belongs to a formal and conven- tional type of rhetoric, and does not represent the speaker's natural manner ; the Euxenippus, though preserved intact, is never quoted by extant authors of antiquity, and may therefore be assumed to have acquired comparatively little fame. But the Athenogenes, as has just been shown, was recog- nized by the ancients as a typical speech, and enough of it has been preserved to enable us to estimate its character. The argument is as follows. Hyperides' client, whose name does not appear, desired to obtain possession of a boy-slave, who, with his father Midas and his brother, was the property of an Egyptian resident in Athens, named Athenogenes. Midas was employed by Athenogenes as manager of a perfumery, one of three such shops of which the latter was the owner : and his two sons appear to have assisted him in his work. The plaintiff, a young man whose father was still alive ^, was not an habitual resident in Athens, but cultivated an estate in the country. His original proposal to Athenogenes was to purchase the liberty of the ' This seems to be deducible from col. xii. 1. 2 j iSaKey would hardly be used of a property acquired by bequest or inheritance. INTRODUCTION xvii boy in question. Athenogenes entertained this suggestion at first, but subsequently (according to the plaintiffs story, which was, however, traversed by the defendant on this point) sent the boy to say that he could not be separated from his brother and father, and that if he bought one he must buy all. To this the plaintiff assented; whereupon (as it appears, though the mutilation of the papyrus makes the exact course of the transaction doubtful) Athenogenes, presuming on the eagerness of the would-be purchaser, developed a considerable reluctance to sell. With the view, evidently, of raising his price, he held back from concluding any bargain, while at the same time he employed a woman, named Antigona, a person of many attractions but more than doubtful antecedents, to lure the young man further into the snare. Antigona acted as go-between, stimulating his anxiety on the one hand, while she pretended to intercede in his favour with Athenogenes, and the plaintiff alleges that he fell a complete victim to her wiles. At any rate, he agreed to buy the freedom of the three slaves for a sum of forty minas ; and Anti- gona professed to have won an unwilling consent .b xviii HYPERIDES from Athenogenes. The two principals then met to conclude the bargain ; when Athenogenes, out of sheer consideration, as he declared, for the young man's interests, suddenly suggested that, instead of paying for the freedom of the three slaves, he should buy them right out, whereby he would have fuller control over them at the time and could give them their liberty whenever he chose. Purchasing the slaves would carry with it any liabilities Midas might have incurred in con- nexion with the perfumery ; but these debts, Athenogenes affirmed, were trifling, and would be more than covered by the value of the stock in the concern. The proposed change of plan had some advantages and no visible disadvantages, since the business of the perfumery, according to Atheno- genes' representations, could be closed at a profit ; and the plaintiff accepted it. Athenogenes, with a promptness which afterwards appeared suspicious, produced a draft agreement already drawn up ; it was read over in due form, witnessed and sealed, and the bargain was complete. Then came the denouement. No sooner had the plaintiff acquired the perfumery than creditors sprang up on all sides, of whose existence no word had hitherto INTRODUCTION xix been breathed; and in a very short time he discovered that he was liable for debts amount- ing to five talents, in addition to the forty minas which he had already paid. Such a sum meant ruin. Accordingly he took counsel with his friends, and, after failing to obtain satisfac- tion by a personal interview with Athenogenes, brought the present action against him. The plaintiffs difficulty lay in the fact that he had no ground in law to stand upon. An express law enacted that contracts made in due form should be held valid ; and there was no doubt that the plaintiff had deliberately entered into the con- tract which he now wished to repudiate. His only chance lay in securing a skilful advocate, who might persuade the dicasts to place equity before law. Accordingly he engaged the services of Hyperides, who composed two speeches for him. The first, in which the case was opened, would be the most important, and it is that which has been preserved to us ; the second, as we see from the similar pairs of speeches by Demosthenes, would be only a reply. The exact form of the action is doubtful, as the speaker quotes no explicit law upon which he rests his case. A passage in Harpo- ba XX HYPERIDES cration^ might seem to imply that it was a S^xrj j3oj;\ei5o-eft)s, but although the proceedings of Atheno- genes might be classed as conspiracy in our sense of the word, they are too far from the legitimate meaning of ^ovKeva-is in Athenian law to make this theory acceptable. More probably it was, as Blass has also argued, a 8i/cr; ^kd^rjs, a very com- prehensive class of cases of which no complete definition was probably given, and in which the orator was consequently more at liberty to rest his plea on general considerations of equity. Such is the case here. Hyperides cannot deny the exist- ence of the law asserting the validity of formal contracts ; but he endeavours to evade it by quoting analogies in other laws which recognized certain forms of deception as invalidating the acts or agreements founded upon them. In this way he gives a certain colour of law to his plea ; but the real strength of his case rested not on law but on equity, and the skill of the advocate is shown in ^ Bou\6i5a'ews' ^/c\^/iaTOS Svo/xa ^irl Bvoiv TarTSfievov irpayfiaTuv' rh fi^v ydp 4frTiv ^rav ^| ^ttijSouXtJs tIs rtvi Karafftcevdffy Bdvarov, , . . T^ S* erepov hrav 4yy€ypafifi4vos us 6(psl\uv t^J Srjfioffitf ahrhs SiKd^ij- ral Ttvi us ov SiKalus ai/rAp iyy€ypa(p6Ti . . , 'TirepeiSTjs 5* iy ry kut' 'ABiivoyerms a' iirl ivtSpas Kal 4TiPov\ijs ttjs tls XP^M"""" iSiais KfXPV'at T^i ovSnari (Harp. s. v. fiov\fi(reas). INTRODUCTION xxi the boldness with which he carries off the weak side of his case, while laying full stress on the substantial fraud which, on the plaintiffs statement of the facts, had unquestionably been committed by Athenogenes. Finally, in accordance with the recognized practice in Athenian courts, extraneous evidence as to the character and antecedents of the defendant was offered, and this gives Hyperides an opportunity for declamation against Athenogenes as having deserted Athens just before the battle of Chaeronea, and for public acts of a very ques- tionable nature during his subsequent residence in Troezen. The date of the speech is fixed within fairly narrow limits by a passage near the end (col. xv, 11. 16-30), in which the speaker reminds his hearers that when they conferred their citizenship on cer- tain exiles from Troezen, they were repaying the service which the Troezenians had done to them • more than 150 years before,' by receiving a large number of the Athenian fugitives during Xerxes' occupation of Attica. The 'more than 150 years' must, in the natural interpretation of the sentence, be reckoned from the date of the reception of the exiles, which must consequently have taken place xxii HYPERIDES not earlier than B.C. 329. It is not spoken of as an event of immediately recent occurrence ; hence the earliest possible date for the speech is B.C. 328, and it may probably have been a year or two later. The terminus ante quem is B. C. 323, the date of the outbreak of the Lamian war, after which it may safely be assumed that Hyperides would not have been able to undertake such a case as this. The oration consequently falls into the same period in the life of Hyperides as the defence of Euxenippus. The style, as almost invariably with Hyperides, is singularly bright and simple. The narrative is direct, easy, and vivid, the argumentation remarkably clear and lucid. Hyperides possessed the rare gift of a perfectly unstrained style, in which art has achieved the appearance of entirely unstudied ease. It is not ' the great style,' but it is one most effective in the proper place, and one which is very rarely acquired. It is the manner of Lysias, with a more elaborate art ; and having this speech, with the others to illustrate and amplify it, we can ade- quately realize the special characteristics which made Hyperides the most effective forensic orator of his day. INTRODUCTION xxiii § 4. The Oration against Philippides. The prosecution of Philippides is one of those speeches, personal in form but public in their real character^ of which the orations of Aeschines and Demo- sthenes on the Crown are the great example. Like them, it arose out of the hostility between the pro-Macedonian and anti- Macedonian parties at Athens. In form the case was a ypa.^'^ itapav6\i.iav, and the circumstances which occasioned it may- be gathered from the contents even of the small fragment of the speech which has survived. Philip- pides had proposed a vote of thanks in honour of a certain body of irpoeSpot, for the way in which they had executed their duties as presidents at the sittings of the Ecclesia. As each group of irpoebpoi only served for seven days, in the course of which only one sitting of the Ecclesia would normally take place, this vote necessarily referred to some specific action on their part ; and it is clear from !!• 75~7^ what this was. A proposal had been made to pass a vote of honour (the exact nature of which, so far as it is recoverable from the context, is explained below), and there was some irregularity in the way in which this proposal had been brought forward. The wpoeSpoi should, xxiv HYPERWES in strict law, have refused to put the motion to the vote ; but they decided to ignore the technical point, and the motion was put and carried. Philip- pides subsequently proposed to vote a crown to the irpo'eSpoi 'for their upright and legal action'; and it is this proposal which Hyperides meets with his ypav (leTptav ^frvyWcDpelv, TOVTOv fi\v €h \6- 5 yovs dvdKdxraaa Trpbs Mw ' A6r]vo^yevjr]v poXis eXrj (Tvpireweii^'^a aiiTov dnoVX^a-at spatium linquitur, unde colligendum verba cis iraiSia'iciiv parenthesin esse. 17. euyo^os R, W. 18. ovS^y o^tco] oi/Sevl effrai R, quod spatio nimium videtur, oi/S^if effrat D, ovSev 4ffTt W, B. 22. SiOTereAeice W, Bj quod relliquiis in ectypo magis convenit, [^|o]iro[A.ii]XeKC R, ffvvairoXtiKeKf D. 24, 25. eu- I Sat/iova oS]tio B, sed fv non recte legi videtur. aviBriK^v R, W, aveip7iK€v ( = aviiipriKei') B, f ortasse recte. 26. el W, tJtis B. 27. tI oUitS' K, ri oUaBe B, t£ xP^ W. eiriTcXeTi' W, vvviX iroifiv B. irpoff | Ka^ovaav K, B, irpoo" | SoKai' ix"^""'^ W, spatio nimiunij auT^s (?) vvv i-Kalipleiv trpbs \ tovtovI r6v U. Col. 2. 3. lieTaire/iyfiaiievTi] supra lineam additur 7c£p, per erro- a rem; retinet autem B. 5. ayoXoKrcro MS 6. €i7j£ MS. A GAINST A THE NO GENES 5 just as an acknowledgement of her goodwill towards me. And, when one comes to think of it, gentlemen, perhaps there is nothing so marvellous in my being thus twisted round the iinger of Antigona, considering that in her youth she was held to be the most accomplished courtesan of the day, and that since her retirement she has been continually practising as a procuress [The orator here quoted a signal instance of the ^ y- profits made or the mischief done by her in this pro- fession, but the passage is mutilated.^ If, then, she achieved so much by her own unas- sisted efforts, what might she not reasonably be expected to accomplish in the present case, with Athenogenes as her partner, a professional attorney by trade, and, what is more, an Egyptian ? Well, to cut the story short, she sent for me again a little later and said that by a great expend- iture of words she had with difficulty persuaded 6 HYPERIDES fioi Tov Te MiSav koD. This vteis dfI(py)Te- povs TiTTapaKOVTa p.vZv, Kal knikevi fie T^v TayiaTrjv nopi^eii/ to dpyvpio^yj^ irplv 10 ^fi€Ta86^ai TL ' AOrjpoy^ejuei. (rvi/ayaywy S" eyo) vavTayoQev Kal Toiis 0[r|Xot/s kvo- •)(\ri(ras Kal 6els enl [r^]i' T/o[a]7re^ai/ ^T'\as TiTTapaKovTa fivds ^^'^kov [cbjy ttju VAvTL^yovaV /caAce/j^yr;] (r[i'j/jjyay]ej' [ijj/iay IS [el'Ts] TO aiiTO, efii re Kal VAOrjvo'jy^eji'rji/, ica[t] 5iij[A\]a|e, Kal TrapeKeXevaraTfo Toy) Xonrov eS Troieii/ dX\r]\ovs. Kal eymy 'i?; tc! D, R, B, &s otpKivVil. 23. KaTa;8(£A.[A6i]i D, R, B, KoTaj3o\[A.]c W. tov W, B, T?)! D, R. 25. S\Xa)y] irpuTov D, R, B, Ta)[i]i/ W. 26. (re om. W, sed spatium supplementum flagitat. wapevoxf^vi B. AGAINST ATHENOGENES 7 Athenogenes to release Midas and his two sons for forty minas; and she urged me to have the money ready as soon as possible, before he should change his mind. Accordingly, by dint of pester- ing my friends to assist me and scraping money together from all possible quarters, I raised the forty minas, and having deposited them in the bank, I went to inform Antigona. Thereupon she arranged a meeting between Athenogenes and myself and brought us to terms, exhorting us to behave as friends for the future. I said I would do so ; whereat Athenogenes answered that I had to thank Antigona for the turn affairs had taken, adding ' Now see what a service I will do you for her sake. You are paying down this money to purchase the liberty of Midas and his sons. Instead of that, I will sell them formally to you as your own property. Then no outsider will be able to trouble you or get at Midas to your 8 HYPERIDES Sav, [jirjS''^ ai^rjot ^aroi] kyyeipoKn [7ro]i'J7pe[t;e]- ffOai firjSey Siii, rbv ei\.ovcriv dlplyvpiov, fivpov T£ Tivos Tiplfjlv UayKaXoat. f/ca^i IIpoKXtL KOI ei tl dXXo KaTeBeTO ris eirl TO jivpoTrdiXiov tS>v iTpoavT(e>v, oT- a yiyverai, ravTa, e^rj, ai) dvaSi^r]!,' e- lo any 8e fiiKpa KOfiiSiji Kal noXXm irXeieo (popTia iarlv tovtwv kv rmi kpyaaTijpicot, pvpov Kal dXd^aa-Tpoi Kal ^fivpva, Kal dX- X! drra ovofiara Xiyoov, 66ev ndvTa rav- [r]a ^ftaAi/^lijffeT^at] ^aiSims. ^v 5e, w dpSpes 15 SiKaalrlai, coy eoiMer, evravda t/ ^tti^ovXtj Kal TO 7rrXa]v kpdvmv kv 6/J.oXoyiai Xa/ScoC 6- 25 nep eTTOirjlcrjev. d)s yap elnovTos aiiTov Tavra eym Trpo(joJ^p.oX6jyr]cra, evdds eK t3>v youdTQiU' Xja^wv [t(S]i' aiiTov ypafifiaT^ei]- ov \r]8r] Trpoy^eypajj^ii^wov dveytyi/ma^KevX Col. 4.] 'fjcav 5e avrai (rvydfJKai wpbs efii' mv k- ya dvayiyvmcTKOjJLkvmv /lev ^kovov, e- anevSov fiivTOL k

Lcnea. kXdovTes 5" kwl to pvpoirdiXLOv to p-iv ypapp.aTi^i\ou TiOe/ieOa napa Avcri- 10 KXel AevKOfoiei, r^r Se TeTTapdKovra /ipds eyo) Kc^Tla^aXwv t^v mvr]v knoir)- ad/jLTjv. TOVTOV Se yevopkvov npocr^e- crdv not ol \pr](TTai oTs dxpeiXeTO [Trlapck tcoi y 21. ovSev6s\ov0evosMS. 27. Ypa/i/naTeToy] MS. 5rpa7/iOT . . | ov, corr. D. 28. IfSij] S^ D, R, ti W, ti t6 iYyeypafi/tsiov B. aveyiyyuffKcv] avsyij/affKev MS., et similia semper. Col. i. 7, 8. /cTi^iirca MS., corr. B. 10. \evKovoei MS., in inscriptionibus autem antiquioribus AevKoyoifis saepius invenitur. ■ AGAINST ATHENOGENES li by a formal purchase, and accepted the responsibility for their debts, believing them, in my ignorance, to be inconsiderable, then he meant presently to bring all the creditors and depositors '■ down upon me, and catch me in the net of my agreement. This is precisely what happened. The moment that I assented to his proposition, he produced a tablet from his lap, which he had there, all ready and written out, and read aloud its contents, which were the contract to be made with me. I admit that I did indeed hear its terms as he read them, but I was in a hurry to accomplish the business for which I had come; and so he seals the con- tract then and there in the house, in order that no friend of mine might hear its contents. The name conjoined with mine as surety was that of Nicon of Cephisia. Then we came to the shop and deposited the tablet with Lysicles of Leuconoe ; I paid over the forty minas, and the purchase was complete. No sooner was the transaction accomplished than the creditors to whom Midas owed money ' Lit. the contributors of eranoi, i. e. friends who had privately advanced money, which was to be repaid by stated instalments. I a HYPERIDES ^M?^^aL KoX ol ■jrXrjpmral rS>v kpdv^my koX 8i- 15 [ejXeyoj/To fior [/c]ai ei/ Tpialv fi-q^aViv anav- [ra] rh, \pia ^aj^e^h eyeyovei, acrr' itvat fioi [cri)]i/ Tols kpdvo]^L\s, oirep Kat dpTicos eTirov, ire- [/ot TTJevre [rlaXai/ra. ws 5" r]La66jir]v ov ^v Kfa]- Kov, TOT ■^St] Toi)s (pikovs iK^ai Tois oiKeiovs 20 (TVvr\yayov Kal Ta avTiypatpa tS>v avvdriK\5>v'\ dpeyiyvaxTKOfieV kv ais eyiypaTTTO fikp TO Tov TJ ay KdXov Mat tov IIoXvKXeovs ovo- Ha ^S^iapprjSrjVj Kal otl //uf/oJcBj/ Tifiat dxpeiKov- To, & riv ^pa^ea re Kal e^fjf avToTs eiTreiv 25 oTi TO jjLvpov d^ioi' eirj tov dpyvpiov to kv T[c5t e^pyaaTripiati, to, Se TroWa Tmv yfitZv /ta[i r]^ fieyiaTa ovk evfelyeypaTrro ^[17]' ovo- Col. 5.] iidTcov, dW' kv 7rpoa-6r]KT}s fiepei a)S ov- Sev ovTa^ ' Kal ef rcot aXXwt 6(f>ei\ei ti MiSas' Kal tS>v kpdvwv eis fJ-ev oSv, AiKaioKpdTtjS, kveyiypavTO, oS rjcrav Xomal Tpeis Kal knaKOV- 20 wMcoj' Tov 7rpa[y]/iaros, Sib, ^o f^v rfji dyo- pdi [rloi/s \6yovs yiyvecrda^c, KJal Ka^Tar^efiuov- tFo)]*' avTov, /ceXei'6i'[T]ci)[j'] 5" [aTrayJetj/ as dvSpanoSilcrJTrJli', tovto fie^ ovk oio/ie- 6a Self noutv irp[ocr/caXoi;]/i€0a Se av- 25 rov eis i/ids Kwrh. \tov vo^ov. irpStTOv fiev ovu {ifuu ras cr[yvdi]]Kas dvayv&- creTaf fel ovtS^ yhp r[£»' y]ey/3a[/i/■[.''''] ^j Trpoaaxoiit | I'.oiK, W, quae relliquiis minus apta videntur. 21. Kaiadditum supra lineam. 22. airK^^iv B, W, R. 23. Tovro yueV B, W, [B6pv^o]v D, R. o(d/^€9a] oiiii- Iie9a coni. W, B. 24. irpoffKa\oiiieda Reinach, W, irpoffeyKoKoi- lieSa R, TrpoaeKoKeciiieBa B. 26. vfteii' MS. 27. ^| airSc R. AGAINST ATHENOGENES 15 After we had taken counsel together, we decided to proceed to Athenogenes and talk over the matter with him. We found him near the per- fumers' shops, and we asked him whether he was not ashamed of his lies and of the trap which he had laid for us in the contract by not mentioning the debts. He replied that he knew nothing of the debts of which we spoke, and that he couldn't be troubled to listen to us, adding that he had in his possession an agreement with me which settled the matter. Our discussion was carried on in the Agora, and a large crowd assembled which, after listening to the affair, began to cry him down, and encouraged us to arrest him as a kidnapper and hale him off to justice. However we thought that this was hardly admissible, and accordingly we took out a summons against him in the ordinary legal way, to appear for justice before your court. In the first place, therefore, the contract shall be read to you. From the text of that you will learn the craft of our friend here. Read the contract. 1 6 HYPERIDES ^TNeHKAI. ra fikv T\oiv\}v iteirpayiLiva^ & dvSpes Sl- 5 Kaa-Tai, Kaff ey eKacTTOv aKrjKoaTe. epei Se irpbs vjids aiiTiKa fidXa ' AQrjvoyevris wy d vojios Xiyei, oaa Slv erepos irepcoi d/ioXoyrjarj Kvp[^Laj ttvai. rd ye SUaia, w jSIX- TKTTe' Toi Se fifj TovvavTiov dirayopevH lo jiri Kvpia eivai. e^ avTcav Si aoi tSiv v6- p.(ov eym (jiavepctiTepov TTOirjcra), KOi yhp ovToo jie SiariOeiKas Kal irepi^o^ov ire- noirjKas /ifi aTroXcB/ioTi ilno Bai. Harpocration (see crit. note) quotes the actual words of Hyperides, and quotes them as occurring in the 6rst speech against Athenogenes. He adds, on the authority ef Theophrastus, that the enforcement of the law was the duty of the goranomi. Cf. Aristotle, 'Afl. iroA. 51, 11. 2-4. C i8 HYP BRIDES av ^ei^rjLS vpo€C\iTaiv efj^ol tovs tU epdvovs (Tovs [rjSpov ovTas, ovKer ly/caX](3 a-oi d\- 35 X' d[/i]oXoy[<3 dSiKeiv. eaTi Se irepl T^avra 1- [Tepols j/o/iofy tt/oo? iravras oaoi oiioXoyovvV- Col. 7.] Tey aXXijXots yr] tovtov e- ariv. KaiTOL onov rh napa rfjs TV)(rjs vov (pcXmv rmv kfimv diToXwXei^e^. a-Ke^frai 5e, m 'AOrjvoye- ves, liri fiovov \jTe\pl tS>v o'lKercav^ dXXh Kol TTepi tS>u eXevBepcov (rafidTonv tv 15 Tpoirov 01 vofioi eyovaiv. oicrda yap S-qirov 22. Sd^fiis W, B, Sri\eia-nis R. ^/t[ol roils R, W, B, quod spatio non sufficit. 23. Kol to{w xpl"'''^' ^'' ''''"^ '^'"^ R> W; eadem B, omisso arais. 24. Syras K. ^KaA.£] avTiXeya B, ov fidxofiat iyti R. 25. aSiKeiy K, 6^oi wavTes oTi ol eK tS>v kyyv- ■tfTrnv yvvaiK&v Tro^S\es oSroi yvriv 1 8. suppl. R, aWck /i?( tout' W. [o]t6[xp]'!1'»'« MS. 20. suppl. R. 21-23. suppl. R ex. Dem. 46. 18, ubi lex laudatur. 2 1 . i&v W, %v Sy R, B, ex Dem. ; spatium huic sufficit, sed ante verba legis locus vacuus relinqui potest. 23. 6f>'[ot] W, iroiS[aj] R legit, uterque ex papyro ; in ectypo indicia magis tiv favent. oAA' W, Ko! S^ D, R, Kal B. 24. /iJ) ^ttI SiKa(o»] vaph, t4 Sficaia R, \&>s avTOv BvyaT4pa] i. \ &\[\o6fV otirav B. 25, 26. &W& tAi /tt^v Sijicafas £771} | os K[vplas rlts Si /ij) SiKafiu iic^aavs] Koflf | < 4 ycJ/ios] B. 4A.[XiTi T\oi.avTa Sel [/cyptja eT- lo i/ai; Kal eav (tiv Tt[y etjy [5t]or/([7;o-t]i/ i^m^v av- Tov [yi']i'at[/ct] ireidofievos SLaO'qKa^s y/3a]07;[t], aKvpoi eo-o[i/Ta]t, el 8' eyat rrji ' AOi^vo-^evo^vs iraipai ev^ei(r'\6r]v^ irpoaairoXcakiuai [/fe] Su, OS e)(co /Aeyia-'Wrjv fio'qOei.ay t^v kv rmi IS voficoi yey pafjLuevqv, dvo^'^KaaOeh ii- vo t\o^tccv TavTa avvdeadai ; elra [o-i)] rais avvBlrjKlaLS iy v/zaFy] ; Teftl- 20 [ff^ety yap eSvov^s elvai^ knl tovtois wpocr- ^eSe^dfirjv & eXeyeJre, Kal oy[x tAcjai/oy croi nju riis TeTTapaKovra filvds el\T](f)evai [ray i^wep rmv SovXmv, aXiXa Ka[t] nivre rd- [Xapra 7rpoaa(f>eiXov'\ /le mtnrep [i^l^ro . . . 7. ^77^01 R, ai [/i); 5]fKaiai B, spatio vix satis. 8. kotA Twi/] Koi ircpl Twv R, W, B, spatio fortasse nimium. 10, 11. suppl. R II. ypi^i R, W, ypi^i D, B. 12. 1(To\vtcu' 2t]6R, W. cyai MS. 13. /leW, B, oftD, R. 14. /jLeyltTTrivW, B, /iiav -riiv R (spatio non satis), fiivov rijv D. 18. iralpa is, i/ias ol6 \ fA^vos a^iowlffTOv^s tTvai) ^Tri robots irpoa'eSe^iifiTjv & ^iSouAeiJiraJTe R, plerumque D secutus; Kali | irh yvvaiKelas] ^lovjAeinas, iftas [ii]e[i] 1 irflelr etlvou]s etvai, iir\ Toirois vpoir \ tiKiiMfv ois i]B(\e\Tf W, spatio non semper recte aestimato. 22. ^v] %So^iV R, spatio nimium; cetera R. 23. Tckj k.t.A.] 4ir^p toC ^upoireoAfou R. 24. i$oi\ov m\7i6rivtti. R, quod nimium videtur ; ojrciTTJip^KOTe W. AGAINST ATHENOGENES 33 stances, then, in which marriages and testaments relating solely to a man's own property are invalidated, how can it be right to maintain the validity of such an agreement as I have described, which was drawn up by Athenogenes in order to steal property belonging to me? Can it be right that the disposition of one's property by will should be nullified if it is made under the persuasions of a woman, while if I am persuaded by Athenogenes' mistress and am entrapped by them into making this agreement, I am thereby to be ruined, in spite of the express support which is given me by the law ? Can you actually dare to rest your case on the contract of which you and your mistress procured the signature by fraud, which is also the very ground on which I am now charging you with conspi- racy, since my belief in your good faith induced me to accept the conditions which you proposed ? You are not content with having got the forty minas which I paid for the slaves, but you must needs plunder me of five talents in addition, plucking me 34 HYPERIDES 25 KaT^^p^rnniivov . , . , y ovK r]8vi^ro\ Mihav aS . . . . (rOevTU a . , . Col. 9.] kv TpLv j(p[e'S1»', toy eoiKev, '^iSei, tA 51 v XP^~ [wi>' &(ra 5" olvF/c ^Kovaa iraph tov ttcoKovvtos WavV i\d y ov 8LKai6s\ eifii SiaXOeiv. on fiev ovv iji- [Seis, & 'A6r]v6\yeves, 6(f>ei\ovTa M^iSavj Tfal 20 [TroXXa ravTo^ oT/iai irdaiv eivat SfjX^ov e/cl [re dWcov ttoXXJcSj' Kat eK tov aireii/ /jlov eyyvrjiT^ffji' e T^a xpea ovTa tKav^y vo. ov fiev OTj eyo) 25 ycoi (TOV TOV S KoX ovK el^ivai] vos Kai Tool .... rlouroi/t TOV [et] Col. 10.] [^e] c^ fi^f Sia to pfj dSevai /jltj TTpoeTirds [fioij irdvTa to, XP^^> ^7® ^^ °''''* '^°^ fjKovffa TcSpya p.6vov olofiivos eivai ray avvdrj- xas eOefirjv^ wOTepos SiKailoh kaTiv eKTei- 5 [vT[e^s oiiS 01 eTTi^ovXevovTes Tois 16. Hfia B, W, SiiTTovSev D, R. 17. suppl. R. 18. rair' ov SIkcuos Bj D, R, TOUTtt irus Blxaios W. 19, 20. iroX [ Ai Kal ixeyi\a R, xp^M^to B. 20. S7)\[(iTO | toj' e/c re tcSi' SaaJbi/ R, S^Aov ^f I ii. T€ iroAASv B. Col. 10. 6. So-' litterae dubiae ; 8s R, ia' W, 8[t"] B. AGAINST ATHENOGENES %'] cannot at the same time plead that he told me all about them; and it is palpably unjust to require me to discharge debts of the existence of which the vendor never informed me. Well, then, Athenogenes, I think it is tolerably plain on many grounds that you knew of Midas' debts, and not the least from the fact that you demanded \The rest of the column is hopelessly mutilated?^ If, however, you did not inform me of the total amount of the debts simply because you did not know it yourself, and I entered into the contract under the belief that what I had heard from you was the full sum of them, which of us ought in fairness to be liable for them, — I who purchased the property after their contraction, or you who originally received the sums borrowed? In my opinion, it should be you ; but if we differ on this point, let the law be our arbiter. The law was not made either by infatuated lovers or by men engaged in conspiracy against their neighbours' property, a8 HYPERIDES 10 \aK\^rpioi^ eOeaav, dW' 6 SrffiOTiKwra- [Toy] ^6\ils irepl avyBlrjKmv] 20 [TTapa^aivlo/ji.ivmv SiaXiyrii. Kal 6 [/iey . . SiKaims eypa^ev ^r](p oierai Seiv Kvpia^Tepas efvai] TJas dSiKovs avv6[^Kas - . • t1<£«' v6p.a>v Kal ir Kal 25 aiT(e> re irar tj TfSeioi creX edeX S'jmpea 10, II. S7);uoTiK(^ra I to; Hv W, sed spatium vetat. 11. ava[] riSovai MS., sed correctum prima, ut videtur, manu. 12. yiyvovrai B, W, x^ifiSovTcu D, R. 14. &s &> B, W, idv R. avaKdiiara R, o/unpT^/iioTO W, B. 15. irop'] fv MS., corr. sec. manu. 16. hv ipydiruvrat W, B, in ipyi^anrrat R. 17. fipooSrav D, R, W, 68p[7|i] 6 o[J | ne'Tijs B. 18. ^xp] *^' D, R, 6 SoS\os W, spatio nimium. 19. irb Sh t6v] toOto. "Ov D, R. 20. TapaPaivo/idvav O, hriPovKevoiiivaii R, &,rTi\eyoii,evuy B. 24, 25. Kal ... 1) in fragmento papyri parvo scribuntur, cuius locus nescio an dubius sit. AGAINST ATHENOGENES 29 but by the most public-spirited of statesmen, Solon. Solon, knowing that sales of property are common in the city, enacted a law — and one universally admitted to be just — to the effect that fines and expenditures incurred by slaves should be dis- charged by the master for whom they work. And this is only reasonable ; for if a slave effect a good stroke of business or establish a flourishing industry, it is his master who reaps the profit of it. You, however, pass over the law in silence, and are eloquent about the iniquity of breaking contracts. Whereas Solon held that a law was more valid than a temporary ordinance, however just that ordinance might be, you demand that a fraudulent contract should outweigh all laws and all justice alike'. [I am told, however, that the defendant has another plea in reserve, and will argue that I brought all this mischief on my own head, by disregarding his advice. He will declare that he offered to let me take the two boys], ' The extant remains show sufficiently that this is the general sense of the sentence, but the exact restitution of the original must remain doubtful. Professor Diels and M. Weil concur as to the sense, but differ as to the words. 30 HYPERIDES Col. 11.] Ke . . ^jo^ b\ MiSav KeXe<;e[tj' fjLJe e[a]j/ avTcoi Kat \jx\fi wveiaSai' e/ie 5" ovk eOeXeiv aXXcfe /3ov- XecrBai navras irpiacrdai. Kal ravra Ka[J\ npos ifids avrov ^atriv iJiS\'K^ei(v') Xeyeiv, iva 5 8rj SoKoiT] fiirptos eivai, Sa{ire]p wpos rj\i6i- ovs Tcvas StaXe^onepos Kal ovk aicrOrjcro- /levovs Tfiv TOVTov aratSfeta] i/. to Se ye- vofiitiov Sei vp-ds d\K^ova\aL' ^a»']ij(re7a[tj [yayo] OLKoXovBov iv rrji dXXr] [al^rwj' £7ri/S[oi']- lo [X^i]. Tw pey yap nacSa, ovTr\ep a/)]7«BS et7ro[j'], [e;r€]/t7r€ poi Xeyovra on ovk [epoij eirj «[»', a;'] [pfj dvlSipai avTov tov TrafTelpa f/fjat tw [al- r5eX0]6j'. ^5?; 8' kpov mjuoXroyTjI/coros [ai/T] ^avTwv KObWaOrja-eiv^ TpiS>v oi/frcoi/], to aFpytf]- 15 \piov, irpo\(TeX6aiv 6 'Adrjvo^yejvqs irpo^s ti^ [i/ay TwiA tpCXcov tZv kpmv [e]j8oi;[X]€[TO ye]- \y6pevos eJTrt/f/oar^y irpdypaTa iX^-v [e/*e] Xaj/Soj/Tt TOV traiSa [t]^? e Col. 11. I. KeKfieiv R, Ke\eio[_i] W, B. 4. /ifWeiv W. 1 1 . ^/iol D, R, iiv f/iis W, spatio nimium, MS. eijjt cum parte litterae a, ut videtur. eft) lira] D, R, tirit l&v] W, [iiv ti] elfi) /ii[oi, Se] B. 12. /t^ W, S/io D. a | SeA.0(ii' W, vt | (iv auTcii' D. 13. avT av \ Twv W, ruv iral \ Suv R, versui priori nimium tri- buentes; av | rSivB. 14. 6vTui'K,B,StJi[ovTra]vR,6ii[ovS(i]ov W. 15. Post Trp({j addit W iviovs, sed spatium recusat. 16. ^/3oi!X£To D, ^Te;3oii\eu(re R, spatio minus aptum. yev6/ievos] S>s Hv D,R; B tentat ' [el] Poi\e[Tai\,' \ lK€V rjiTr] yempym, i^wi] Sk Toi^TOv] ^86Xmi els Trjv'^ ay^v evecreiaOrj^vj. irorepa 5 [y^/3 eiKos ka^Lv, & 'AOrjvoyeves, e/ie rfjs o^[s] [7ej(«"?? e7rt5]t;/i^<7at, ^y oifSajpfji epnei- [pos rji/, fj ere Koi t^v eraipav Tois \e\u.o'is em- [/SovXewo-af] ; eym pev yap oiopai ipds. Si- [a ravr , a dvSpesj SiKaa-rai, epoi p.ev dvei- 10 priv eyT)jWj B, ipyairias Rj cetera (11. 6-8) diverse R W, B. g, 10. tiv el \ k6tus auyyvd'juriv ^X<"['''f] B. AGAINST ATHENOGENES ^o, [The rest of the column is mutilated.] Now I am no professional perfume-seller, neither have I learnt any other trade. I simply till the land which my father gave me. It was solely by this man's craft that I was entrapped into the sale, Which is more probable on the face of things, Athenogenes, — that I was coveting your business (a business of which I had no sort of experience), or that you and your mistress were plotting to get my money ? I certainly think the design was on your side. Therefore, gentlemen, [The remainder of this column and the whole of the next are either lost or so mutilated as to be unintelligible. 1 34 HYPERIDES TreaovTa ^AOrjvloyev . , . [Desunt versus fere sedecim.] Col. 13.] eve vra e/iol elvai to. 8e Trjs d- iraTlris] r]j SiSovai, vvv out . . [X]aj8etj' ap[y]i5p[to»'] . . . . V . . ^<7[v]xtas' ov^ ffl[ dvSpes SiKacrlTac, el fi . . . . os eio . . . , V ■qfiapTO Si K la 5e K ov 10 ... . KrjKev de 15 a]5tAfjjo-as TT rJi/ZTj/iaTt 5 TT Tat TTofXltr coy eyo) or [Desunt versus fere decern.] Col. 14.] . coTaToi tS)v iie\T'\oiK(iDv a0 Col. 13. 3. iroA, . . .] vel toA. ... 6. fiffvxias W, t^s offos D. Col. 14. i. ImoKe | /iiiTaToi D, R, sed in ectypo littera ante a magis k similis videtur; forsan aSMiiraTot. Quod sequitur suppl. D di/)[iSA.aKTOi e | xeo-ffoi. AGAINST ATHENOGENES 35 [When the next continuous passage is reached, the speaker has quitted the direct issue and is attacking the political conduct of his adversary.^ D 2 ofi HYPERIDES . ^aOai. kv Se tS>l iroXi/icoL tm 7rp[o]y [$tXtir]- irov fiiKpov vpo Trjs fJtoixV^ a7r£[X]i7r[e t]^v [7ro]Xii/, Kal fie6' ■^ficov fiev oil avveaTpare'u- 5 o-[ar]o et'y Xat/0(Bi/eta[»'], e^aiKfjcre 8e els [Tpoiy Cwct, irapa rov i^o^jiov os /ceXciJet iv^L^iv\ ^vai\ Kal amaymy^v tov k^oiK'ffa-avTOS \kv\ tS)L TToKijKoi, kav 7r[alX£i' eXfl^t. kol rai^ eTTOt]- et \Trj^ jikv eKeH'(»[j'] iroXiv, cos eoj[Ke, Tre/jte]- lo trererfllat v7ro\afi^di>a>'\v, rrjs Sk fifi^ripas 0a]- »'a[ro]«' KaTayvo[ys'\. Kal riis Bvya^repas ovk ^y]- yvj/[(r€] trap iifiiv oiSe . . . vai eKOpe^lra^i eleSffl/cfei'] a .... e ird\iv r/ . . . epyaa6/j,e[yos €7r]et elpTjvt} yefyoi'ei'], 15 TfaCrla yap ijx aaiu 01 xpija- .... VTOl ITO TTJl et'pijfi'Tjt TTO) kv Tois Ki\ySvvois\ jjikv §y\ UXaTo^ials - . STJaavres o 20 ' A6ri\voy\ev\ . . v 3. oireAwe] aireSlfa] B. 5. l|ci)UC7|(re] MS. e|oi/t- prius, sed correctum manu prima. 6. lvSei(w R, W. 9, 10. irepie j treaSai W, B, itcpmoiii \ treffBai D, R. 10, 11. 8i \ varov Karayvois K, B ; [xe(()eu7f I vai (spatio nimium) [tJ)]v Kariyvai- [ffiv] R, [Seic 6d \ vaiTojv KaTayvS[yatl W. Ci. Hyper, contra Philippidem,\\. 112-114. 11, 12. suppl. W, eu7o[Teoos | ifyyia o«X iit.7v D, R, quod ectypo minus convenitj [&s ^ [ &\y\ irap i/uv iyS[iS6]vai B, quod valde dubium est. AGAINST ATHENOGENES 37 Further, at the time of the war against Philip he left the city shortly before the battle, and instead of marching out with us to Chaeronea, he migrated to Troezen. By so doing he broke the law which enacts that if a man migrates from the city during time of war, he shall be liable to impeachment and summary arrest whenever he returns'. His action shows that he had made up his mind that that city would escape peril, while he laid ours under sentence of death ; and he corroborated this by not marrying his daughters here in Athens, but giving them to husbands in Troezen * The speech of Lycurgus against Leocrates is entirely taken up with this same subject, the desertion of Athens at the time of the battle of Chaeronea; but Lycurgus makes no reference to this law. On the contrary he implies (cc. 8-io) that there was no express law on the subject, but that after the battle the Ecclesia passed a psephism (ch. 53) iv6xov5 elvai t^ irpoSofflif Toiis (peiyor- Tas rhv iit^p TTis TrarpiBos KivBvvov. This, however, cannot be what Hyperides is speaking of, for (i) he twice calls it (here and in col. 16. I. 3) a vi/ios, not a T^itpnT/ia, (2) the present (ceA-eiiei shows that it was a law still in force, not a temporary decree for a special crisis, (3) it must have been in force before the battle of Chaeronea, otherwise Athenogenes could not have transgressed it by leaving Athens when he did. The explanation is that, as appears from col. 16, the law related only to fieroiicoi, and as Leocrates was an Athenian citizen he could not be brought under it. The metics were just the class who would be most likely to leave the state in which they were domiciled in time of war, so that a permanent law on the subject may well have been in existence. 38 HYPERIDES yf.iv v(i> TO V& . . . . [Desunt versus fere sex.J \KaTa tAs] Col. 15.] KotcArs] T^S TToXemy avvd'^Kas napa^as rais ISiais {tuTs') irpbs eyue liryypt^iTai, wa-irep av TLva ireiarOevTa ws 6 rS>v npoi ifids 8iKa(^C)- (ov KaTap6vTL(eV 8s ovTca irofrjpos eari Koi iravTayov ofioios werre koX ets Tpoi^fj- \y\a eXBcbv koi woiria-a/iivwv avrov \T^ol- \(^vt(av iroXirrjv, iiroTrea-a^v Mvria-iav [to\v 'ApyeTov Kal im tKeivov Acaracr[Tal5etS lo [^PX'"]''' f^^jSaXei' Toi>y iroXiras Ik ttjs [TroXelcoy, ws vfiiv avrol /jLaprvprjcrovaiv' [eiAOdSe yhp ^eiyovaiv. Kal v/ieTs fiev, <5 av Sp[es] BiKaa-Tat, €K7r[e](r6i'Tas aiiTovs [^]7re5e- [|]a[(r'|fle Kal TroXiras eTroiijcraa-Oe Kal tSiv ii- jc fiereprnv ayaOSav ^li^dvTmv jieTiSoTe, d- TTOfivrjiioveiaavTes rf/v €V€pyea^r\av [rfflv npos Tov fidp^apov Si' irmv TrXe^tojj'corj'] [^ TTeh/TriKovTa K[ai] ef/cjaroi', Kal oidf^uej'Joi Col. 15. 2. tuTs] MS. tos, 1 fortasse supra scripto. rais post IMais suppl. K ; cf. Plat. Crzto 54 c Tcts . . . ffwditKas tAs irphs iifias TrapaPds. 5. oSt»] MS. ouTai. 10. Spx*"'^- toAcitos MS. 1 8. 9 om. R et W, sed spatium aliquid flagitat. oo/ievoi MS. AGAINST ATHENOGENES 39 So while he has broken the general covenant which every citizen makes with his state, he lays stress on the private covenant which he made with me, apparently expecting people to believe that a man who is indifferent to justice in his dealings with you would have been careful to observe it in his dealings with me ! Why, so universal and impartial is his want of principle that when he had gone to Troezen, and the people of Troezen had conferred their citizenship upon him, he put him- self under the directions of Mnesias of Argos^ and having been appointed archon by his means expelled the citizens from their own city. They will prove this to you themselves, since they are living here in exile. You, gentlemen, gave them an asylum when they were expelled from their country, you gave them your citizenship, you shared with them every privilege that you possess. You remembered the service which they had rendered to you, more than a hundred and fifty years ago, during the war with Persia^, and you ' Mnaseas of Argos, as Weil and Blass point out, is mentioned by Demosthenes (rfe Cor. § 295) in his list of the betrayers of their respective countries. The name is differently spelt here, but the person is plainly the same. '^ When Athens was evacuated in 480 B. c, before the battle of Salamis, the greater part of the population was hospitably received at Troezen, with which town Athens had long-standing connexions by religion as well as by trade (Grote iv. 455). 40 HYPERIDES 20 [yet'ol^irrlovy roi/rort;]? drvypvi^ai Kov'\(fnels Ijbfias /ca]/c€t eyy/>a^[et]y, o^re rrjs noXiTeias [oiSTe rod nXrjOo^vs ttjs woXecos oiSev [e]Tt e- \iroieiTO Xoylov, aX[X' owrjcoy m/i&s roTs inro- 25 \Si^aiiivoLS aJwToj' [ej^pjjjo-aro mo-re . . . ya TO kv rrji kKKXrjcrio^i Tara rov Col. 16.1 y*'' ^e5ta)[y] v . . t . , t . . ev. Kol rav- ra OTC dXrj6fj Ae[y(i), di/ajyvma-eTai ii/iiv irpwTov jikv Tov j'6[/t]oj/ [8s] oiK kdi Toiis jutoikovs e|ot[Ker]i' k\y t\S)L iroXefKoi, eireira Trjv Tpoi- S ^j/Fi/woj/] iiaf^Tv\piav, npos Se roijTois to Tcov \avT5>v kKeivoi^v i^rf^iajia o k's^r} dv8pii\ [SiKacrlrai', Siofiai i/iwv . ... fie eK^ei'^vo a-Ke'^afie[yovs lo TcMrriL TTJl SlKrjL . . ,' V eXecH/ oil top €«]»/ dXiSt ov8kv irdaym^ Be Tore to. ira S dv a[7ro]0[e]i;yJ7t \lo 15 v\LaC 01) yhp dv 8 V ovSe rTrloXXoffT V . . . aLa)(^ wl duSp[es St/cjao-rfat' y €| afi/TlSi' T [Desunt versus octo vel minus.] 6. TovTOV iirox^^p^v] ^hv Totovr6v "Jrus R, tovtov Kpiv6fi.evov W (ex Hyp. contra Phil. 1. i8o; ibi autem Kfiiv6nevov non persestat, sed cum verbis rit rpiTov coniungitur), tovtov ^/lets vvv B. 7. Koi eyaiyf D, R, Kol iyd B. II. i\fe!v B, i\eeu>6v D, eXfleu' R, W. 12. 7r(£ffx»[i'] W, D, ircio'X6[ii'] B. 14. caro(j>eiyiii W , Qjroip^iyTIt D, B. AGAINST ATHENOGENES 45 Will you not then punish this scoundrel, now that you have him in your power? And for myself, gentlemen, I implore you not to refuse me your protection. Reflect that your decision in this case [is a matter of life or death for me, while an adverse verdict will inflict no very serious loss upon him Remember, gentlemen, the oath that you have taken and the laws that have been read in your ears, and give sentence against him in accordance with the justice that you have sworn to observe]. 46 HYPERIDES Fragmentum quod sequitur in tabula decima ectypi conspicitur. Nescio an in fine columnae duodecimae locandum sit ; quam opinionem Blas- sium quoque probare video. .... avTTja . XeKev aWo . Ta rriiTovOev . V avaXmfi . . oKvaLT ^eiXova- oVorfe] aTriXvcrev .... . . . . avipov TTOiovaiv oTi oiSe Tore (pikoi 6v- Tes AaK^Saijiovicov v- 5 nip eKeivatv eXeyov, dWa T^v noXiv /iiaovv- Tes Kat Toijs l(7)(yovTas d- fet] Kctfl' v/imi' depaneij- ovTes. ejret Sk vvv fj lo [ej/cetj/fflj' Swapis f\J]s ^fiiJKpov p.erii> erepou] €v- epyerrjaav vvv rcfey \t'\i- lias KOjii^ei. ejre[t]0' 5- Tt kv vofico ypdyfras [ol Sfj- 15. Ka[iTa] B, 1)0 ... K'. (rvviwurTAs] malim iruyavaiTTis. 16. yeXtoToiroieTi' K', B. 18-22. Locus incertissimus : \6y[os] I ^iXfl* B", qui primus fra|fmentum initiis horum versuum adiunxit. 19. KOI/] 4v B. liyuiv] MS. pr. rtfifiv, sed u supra scriptum secunda manu. 23, 24. ivt \iyeiv B'. 25. ^ai/Xov] \Ka\K6v B' per errorem. 26. -rpurov ftiv] ita recte B. 32. MS. Tci/xas. AGAINST PHILIPPIDES 51 companion in their sitting down and a joint-leader in their rising up, makes merry over the disasters of our country. From morn to night, here in the Assembly or yonder in the market-place, he comes to you with his falsely fashioned speeches. Yet you, Democrates, are precisely the one person who has no right to speak evil of your country; and for these reasons : in the first place, you should know from your own experience that the country rewards its benefactors, without having to be reminded of it by others, since you are yourself at this very moment enjoying privileges in return for benefits which others conferred upon it ^. In the second place, the state by an express * Democrates was a descendant of either Harmodius or Aristo- geiton, probably the latter, who appears to have belonged to the same tribe of Aphidna; and as such he received certain privileges, such as perpetual entertainment in the Prytaneum. The privilege mentioned in the next sentence is not elsewhere recorded in extant literature. E 2 5a HYPERIDES 35 \L0^ direiTrev ff^re [Xe]- yeiv e^eivac ^firjSevij ko^ Kws 'Apfi6Si[ovj Kal 'Ap^icry ToyeiTOj/a, firJT a^^ 45 Moi/ SfjjjLov ovTas 65 T[t)U(B]/O^(recr0e, ^ tus tocs evefpyljraty diroSeSeiyfie- vas [rijiJtds Tavras Smae- re [70!?? kvavTia toTs vo- p-OL^ 7Tp\oi8pevovcnv, KoX 70 TavTa opM/jLOKores ko- to, Tods Popovs flrr]Trb Tov Xoyov ov- 75 Twv, dv (pmcrtv dvayKoi- o e[r]i'a[i T(£] Sripco to jtc- pi [tISi' eTrratVlcoi/ ■\p"r](pi^e(T- 57. oStoi 5^ supra additum. 60. MS. avayeivuiTKOufvaiv. 62. MS. v/ieiv. 65. MS. Te^ifialpriiTeaie. 67. SiiffeTf] prius (rmtrere, sed in ipso MS. correctum. 73. MS. vfieiv. 74. \6yov] MS. prius totou (?), sed correctum. 77. iiralvur B^ fortasse recte : ti/i&v K'. AGAINST PHILIPPIDES 55 exercise their office in accordance with the law, and that these presidents have acted contrary to the law. The matter now rests in your hands. You will show by your votes whether you intend to punish those who propose illegal resolutions, or to grant to those who have illegally abused their position as presidents the honours which are by custom assigned to public benefactors; and you will remember that you are under oath to give your votes in accordance with the law. Perhaps they will plead that the Assembly passed the votes of honour under compulsion ; but you must not be beguiled by so fallacious a plea for 56 HYPERIDES fla[t]" Tofj)? y]Ap irpofSpovs Col. 4.] ovK evea-Tiv elveiv 80 toy avdyKT] ns rjv aretpa- v&(rai. irpo\s S\\ tovtois airos ^/uv [oSrjos ^aSi- av irewoir}K\iv\ Trjv yvm- v trpoiSp\cov\, h iwi- 95 60V kv Tw y^tftlia^fiaTi d- 7r6s fiireiv, sed ais deletum est. 82. ^/uv] d/uv (contra MS.) Koehler, B, W. 90. S<1 S4) B. 94. MS. a S tmcBov, sed super S punctum (delendi signum) positum esse videtur. 9S. MS. eiiuBfs. B et Herwerden punctum post tiaSas delent ; ita tamen et argumento et rhythmo nocere videntur. AGAINST PHILIPPIDES 57 a moment. They cannot say that there was any compulsion to vote a crown of honour to the pre- sidents. But, apart from this, the defendant has himself made the question easy for us to decide, by his statement of the grounds on which he bestowed this crown upon them. The words are ' because they have been upright in their dealings with the State, and have administered their office in accordance with the laws.' That is the issue : now bring him forth to make his defence on it. You, sir, Philippides, prove the truth of your statement about the conduct of the presidents. Justify the assumption upon which your proposal is based, and so secure your acquittal if you can. Perhaps you think that your customary jests and buffoonery will avail you in the courts also 58 HYPERIDES loo diroipeijiea-Oai, e^'/j&jrjs €1, ^ vrapa ToijTa>[y 0^]ts avyyvcaji-qv fj e[Xe6»' tl^ va irapa to SiKadov {iTrldp- [x]«J'; troWov ye ^[ef. ov y\ap Col.5.]io5 dniOov aavrS) eHvoiav wapb. tS S'qf/.w, aAX' iri- pa>6ij oiSe Tods aSxrai i Kal tSov emaTpaTevcrdv- Tcav Kal Tcav evSoOev (TweTTiOe/Mivcov aiiTJ} 125 Trepuyevero, dWii. ^ave- pol kyeve(r6e Kaipo^vXa- KovvTes T^J' iroXiv ef 77076 8o6r](reTac i^ovai- a Xeyeiv tl t] TTpaTreiv Ka- 130 ric rov Srinav. eira vepl Col. 6.] KaipSiv avTiKa Sfj toX- firjaere Xeyuv Toi)s Ka- tA rfjs noXecos Kaipoiis oil Trapa(f>vXd^avTes, Kal tSl nai- 135 8ia rjKeLS eymv els to Si- Kaa-TTipiov, Kal dya^i^daas aiiTiKa S^ d^maeis iTro TOVTODV kXeelaOai. dXX' ov SiK'aiov' Sre yap f] iro- 127. T^y Tr6\iv] correctum in MS.j prius (v rrii iroXci. Cf. Dem. 23. § 173. 134. 06] 01 W : nescio an (is) ov ir. scribendum sit. B signum interrogandi post irapa^vA.(i|avTcs ponit. MS. prius ^Xo^aims, irapa manu alia additum est. AGAINST PHILIPPIDES 6i destroyed have flourished again in newness of strength. You did not reflect how, in the days of the Thirty, our country survived the assaults alike of foreign invaders and of their domestic allies. No, you have been caught red-handed, on the watch for opportunities to inflict injury upon the state, whether by word or by deed. Opportunities indeed! In a few minutes you will be brazenly declaring that you never watched for opportunities of doing harm to the country ; and you have brought your children with you into court, and in a few moments you will be calling them up into the box and adjuring the judges to have pity on them. You have no right to pity. When all beside you 6% HYPERWES 140 ^[t]s iJ'TTO TffiJ' aXKwv cp- K^T^eipero Sia to. avji^dv- ra, t6& v(j>' vjjLmv e^vfipi- ^ejro. KaiTOi oStoi fiiv Trjv 'EWdSa (T' i- fiav 6fJ,oX[oy'\ov/jLivaiS TTOvrfpw ^Kpi^OevTi, fj 140. MS. a/tT«ptTO. 150. MS. T«jUtt>pios. 151. Sv ins. Herwerden, Bj cf. Jebb ad Oed. Col. 170. 158. aSiKfav] cf. Andoc. I. § 3. AGAINST PHILIPPIDES 63 expressed grief for the disasters which befel the country, you exulted over it. The heroes who suffered then experienced a fate unworthy of their deserts, for they were striving to save Hellas ; but you, in the vote that is about to be given, will receive a righteous recompense for having dragged the country through the depths of undeserved disgrace. Yes, for why should you spare him ? Because he is a democrat? On the contrary, you know that he has always preferred to serve our despots, and arrogates to himself the right of dictating to the people. Then because he is upright ? Why, you have twice convicted him of dishonesty ! Ah, but he is a useful tool. Well, but if you use as a tool a man whom you have notoriously con- 64 HYPERIDES Kpivav Ka^K^s So^eTe ^ vovrjpcov [di/\6pd)irs Sis ^X(oKev ^wp'joTepov Trapav6iiv, Mat Sioi, tov- TO ^fi Self vfids d\'n\)'^rj<^i- aacrOai, TovvavTiov iroi- 175 eire Kar dji^oTepa, Trpoo- Tov jikv ofrt e\vTV')(riiid kariv TOV S/ioXoyovfie- vms rdi, irapdvofia ypd- OVTa TO TpiTOV KplVO- 180 jievov Xa^eiv ov yap mcnrep dyadov Tivbs v TToXirmv 3 to vfie- Tepoy irXijdos aiTiov 195 MoO ■qTifiwa-dai, dW' av- [tos] af^IrS, dv /irj iravrj- Tai TO. ■^evSfj fiapTvpwv, otJTOi Kai ToTs fjXatKoai. Trapavo/jLCov 'i^ecTTiv 200 fiTjKiTi ypd(f)eiv, el Se p/fl, or]Kov e(TTiv on loi- ov Tivos eveKa tovto TTOiovcriv &i . vet . . V . (7a . pa>i . as . V (9) Ends of lines, having the appearance of belong- ing to the lower portion of the same column as the preceding. . pa . as . av . V FRAGMENTS 77 6 V (10) From the top of the next column. This fragment is composed of seven small pieces of papyrus, and the establishment of their connexion is due to Prof. Blass, as also are most of the restitu- tions. Blass suggests that this column immediately preceded the continuous portion of the papyrus, but the lie of the papyrus-fibres does not admit of this. eKer^oy .... /iojt kv rais dTV)^iaLS. ^i\- irep Kal ttoXv fJ,oS^X\op d^i]- 5 oi eiaiv fiLcreicrG^aL' mcrj- Trep yh.p t^l a-a>ixaT[a. TrXetir]- TTjS €7j{ ifi\e\eias efi' raisj dppcoa^Tiays [SjeLTai, ov- Tcos Kal [at] 7r[6]Xets rrXeia-- 10 Tt]S 0e/3[a7r]et[ay] iv rais d- Tv^iais ^iojvT[^ai\. /lovois [3]e ToiJT[ois] V 5. Hei ['''"A']" fid)(^ovs [a>cpt]- lo j8£y ye . . (12) The exact position of the three minute frag- ments which follow is doubtful. . . . ov . . . . . . IV . . . . . . TOV . . . (13) . . . . . . . . vXo OlOl 3. Fortasse *(\i[ir7roJ], cf. 1. 7. FRAGMENTS 79 (H) . . . vvai . 0/J.ri . . OVT . . (15) The connexion of the two columns which follow is established through the beginnings of the lines of col. b being preserved on the same fragment of papyrus as the ends of the lines of col. a. They appear to follow immediately on the column of which the beginning is given in frag. 10, and they certainly immediately precede col. i of the continuous portion of the papyrus. They have been reconstructed by Blass from seven separate fragments. The whole length of col. a is preserved, with the margins at top and bottom. Col. a. P . . . V eKaaros airSov 6 ii\y\v kv 0[i^/3]at9, 6 & kv Ta\ya^pai, 6 [5'] kv rfji 'EXev- fle[pt'5t] ara tS>v 5 TODV. rj . . . KpaTrf(Tav . , . OV TTIV . . . rey. koX ai(ov Ta 8o HYPERIDES 15 . . ei Tov . . x""'''^^ , . w^ev . . vos . . va ..Je| . . ovae . . av . . 25 Col. d. naWa^yevTJa, ^ ovk fijyea- 6ai /ca[£ T]5XXa iravra to. kv TTJi ['EXjXa^t dvaTpanrj- vai, ffl[(rT' a7r]6 tS>v dvai- 5 povjikvcov 7rd[X]e«)i' dirap- Xa[s Xa/ijSaJi'owo-tj'. koX v- p. et j8oi;X[e](rdai kv s ira 25 01 aVTOD vcov T