■lM..'.t' BOUGHT WITH THE 11 FROM THE SAGE ENDOWME^ THE GIFT OF Hcnrg m. Sa 1891 vICOME IT FUND 6/3/96^ B-44-i^..s.. Cornell University Library PA 3950.A2 1893 Against Andrption and Against Timocrates 3 1924 026 463 020 PA DEMOSTHENES AGAINST ANDROTION AND AGAINST TIMOCRATES. aoniJon : C. J. CLAY and SONS, CAMBBIDGE UNIVEBSITY PBBSS WABEHOUSE, AVE MABIA LANE. CAMBRIDGE : DEIGHTOX, BELL, ANB CO. LEIPZIG: F. A. BKOCKHAUS. NEW YOEK: MACMILIiAN AND CO. DEMOSTHENES AGAINST ANDEOTION AND AGAINST TIMOCEATES WITH INTRODUCTIONS AND ENGLISH NOTES WILLIAM WAYTE, M.A. FOBMEBLY FELLOW OF EINQ S COLLEOE, CAMBBIDQE, JOINT BDITOE OP THE "DICTIONABY OF GEEBK AND EOMAN ANTIQUITIES.'' EDITED FOB TEE SYNDICS OF THE UNIVEESITY PRESS. SECOND EDITION. CAMBRIDGE: AT THE UNIVERSITY PRESS. 1893 [All Bights reserved.'] fflambriJjge : PBINTED BY O; J. OLAT, M.A., AND SONS, AT THE UNIVBBSITY PBBSS. PREFACE. Of the two Speeches included in this volume, the shorter, Against Androtion, has never yet been separately edited in England. The only separate edition of it appeared just fifty years ago in Germany, that of C. H. Funkhaenel, with Latin notes, Leipzig, 1832. The other and longer speech, Against Timocrates, has not been separately edited at all; though its composite character, and the uncertainty how far in its extant form it corresponds with the speech actually delivered, have given it a prominent place in recent critical discussions. A tolerably clear field is thus •open, it has been thought, for an edition with an English commentary ; and the close connexion of the two speeches both in subject-matter and treatment, extending even to the repetition of whole passages with only slight altera- tions, has suggested the dual arrangement here adopted. A further inducement to the selection of these speeches has been the desire to familiarise the English student with their many rich illustrations of the principles and practice of Attic Law. This is a subject to which the Editor has been led to devote special attention in con- w. D. b vi PREFACE. nexion with the new edition, now preparing, of Dr William Smith's Dictionary of Antiquities. Had the available English aids to this study been more recent than they are, they could not compete in freshness and interest with the exploration of the original sources in writings which are not only perfect models of Attic style and forensic acumen, but examples, taken from real life, of causes that have actually been fought out in Attic law-courts'. The Editor is not without hope that this book may fall into the hands of men who, while they have become trained lawyers, have not lost all their interest in their early studies, especially on kindred sub- jects. To such men it is possible that some of the analogies (whether by way of comparison or contrast) with English law, here ventui'ed on by one who has only studied that law as a citizen, may appear fanciful or over- strained. From such men he will thankfully accept cor- rection. At the suggestion of the Syndics of the University Press the same general plan has been adopted, with some modifications, as in the Select Private Orations of Messrs Paley and Sandys. This has involved the selection of Dindorf's text in the Teubner series, taken from his third and latest edition (1855). Those teachers who may wish to place the text only in the hands of their class will thus be enabled to do so at a trifling cost^ The editions of ' ' It is not from mere dictionaries of antiquities, nor from lexicons, however good, that such questions and practices of the Attic law can be fully understood.' Paley and Sandys, Pref. to Select Private Orations, pt. I. 2 The Teubner text of Demosthenes and the other orators may be PREFACE. vii which the various readings are given, are (1) the Zurich edition of Baiter and Sauppe, 1860, (2) Bekker's last or stereotype edition, 1854, and (3) that of Benseler, 1861. Within the limits of these texts the true reading, it is believed, will (except in the few corrupt passages where the MSS. fail us) generally be found. Benseler himself gives in his foot-notes a collation of the Zurich text (for which his symbol is BS = Baiter and Sauppe, in this edition Z), Bekker's Berlin edition of 1824 (B), his stereo- typed text of 1854 (b), and Dindorf (D). These foot- notes have proved of material aid in the preparation of the list of various readings here given, but have not been implicitly followed : the Zurich text, which also notes its own variations from Bekker's Berlin edition, has been collated independently. It has not been thought neces- sary to go thirty years further back, and give the readings of either of Bekker's early editions, Oxford, 1822, and Berlin, 1824. As a textual critic, Bekker deserves espe- cially to be judged by his latest and best work. Those who are familiar with his text of Plato, which he never revised, will know how much he left to be done by later editors in the way of selections from his own vast appa- ratus of various readings, and discriminating deference to the best MSS. : other authors, such as Thucydides and Demosthenes, he went on polishing and improving until he had arrived at his final results, and then stereotyped them. It is not denied that Bekker, in the text as here exhibited, is too often carried away by excessive admira- obtained in parts as well as volumes. The Androtion is in Vol. ii. pt. i., the Timoorates in part ii. of the same volume. 62 viii PREFACE. tion for the Parisian MS. 2 (or S) ; several instances are pointed out in the notes; but he is at least more inde- pendent than the Zurich editors ; and the best corrective of the occasional vagaries of both texts is, in my opinion, the judgment of Dindorf, more robust and self-reliant still'. Apart, therefore, from the convenience of the Teubner series for general use, Dindorf's edition, though not, as Messrs Paley and Sandys point out, claiming the authority of a textus receptus, is perhaps the nearest approach to it''. Benseler's text is a curiosity, but it has nevertheless been thought worth preserving. After the humorous protest of Shilleto's preface to the de Falsa Legatione, it might be thought that the Zurich editors could hardly be outdone in devotion to MS. 2 : but Benseler has accomplished this feat. Of his few notes, no small proportion is occupied in finding reasons, more or less ingenious, for following 2 when it leads him like an ignis fatuus into a quagmire'. In two passages there has seemed to be sufficient reason for departing from Dindorf's text. One of these is in T. § 59, where Dindorf has omitted the concluding words of the "law " which, like other recent scholars, he brackets ' Instances of Dindorf's happy audacity occur T. 31, where he alone retains aSaav toD juj) n iraBeiv in place of the tasteless toO ti iraBSv : T. 141 TrXeic : T. 152 raiirj; : T. 156 5^; for oi». In one or two places regard for Attic usage has compelled me to protest against the reading of all four editors: e.g. dvicx^crde A. 68 for the ijviaxea-Be of old edd., including the Oxford Bekker, and all MSS. except S. 2 The new edition by H. Weil unfortunately stops, at present, just short of these speeches : the two volumes published extend as far as Or. XXI. 3 Examples of this occur A. 70, 78, T. 9, 110. PREFACE. ix as an interpolation. The more closely I examine these inserted documents, the less reason I see either to correct their Greek or to bring their statements into harmony with what we learn from other sources. It may be doubted whether some Germans have not gone too far in acknowledging even a partial admixture of genuine material independently of the speech itself. It seems best, therefore, to let the text stand for what it is worth, as it appears in the MSS. and all other editions. The other passage, T. § 195, is one of thirteen in which Dindorf has followed 2, sometimes with the support of other MSS., in reading ala-'XpoKephiav for ala-)(^poKepSeiav. It is of course possible that Demosthenes may have used, for reasons known to himself, a form so contrary to analogy, and that 2 may here represent a genuine tradition : but the editors most devoted to S have shrunk from this conclusion, and Dindorf again stands alone. In the Notes my object, like that of my predecessors, has been to afford full help without unduly encouraging "the less industrious sort." With this view some pains have been taken in so arranging the matter that the commentary may be read through and not merely referred to. The intention, at least, has been to give an explana- tion of every real difficulty, in one way or another but not always in the same way, to those who will be at the trouble of looking for it. The abstracts at the beginning of each paragraph have, as in the Select Private Orations, been utilised for this purpose : and a hint thus conveyed has often been substituted for more literal renderings in the notes. There is still, I believe, in some quarters a X PREFACE. prejudice against full explanatory notes, under the idea that the student should be left as much as possible to quarry his own materials. The Germans, who cannot be suspected of wishing to encourage slovenly methods of study, have lately in their school and college editions set us the example of liberal help in the vernacular^: while both the English Universities have of late given full sanction to this treatment of ancient authors. The chief and, I, hold, amply sufficient reason for thus facilitating the acquirement of scholarship is the immense pressure of modern subjects and consequent limitation of the time which can be devoted to classics. In the days of a narrower curriculum, lads of the right sort might safely be encouraged to bestow long hours on the Latin writings of the great critics, or on notes so framed as merely to excite curiosity without satisfying it. If the amount of quartz to be crushed was large in proportion to the gold to be extracted, the exercise itself was healthy and bracing. Such studies are now unavoidably relegated to the time — if that time ever arrives — when the work of the specialist has succeeded that of general education. For the same reason, the old prejudice against the use of translations has become considerably modified of late, especially in the case of authors read only by the more advanced students. It has been assumed, therefore, that the excellent translation of the late Charles Rann Kennedy will be in the hands of many, if not most, of the readers of this book : and it has been thought possible occasionally to improve upon his renderings. His version ' As e.g. Stein's Herodotus and Classen's Thucydides. PREFACE. xi is indeed nearly perfect of its kind, as Mr Sandys has called it: but it is the work of a most consummate scholar, as well as of a very able lawyer, produced under great pressure of time and consequent liability to over- sights'. It has been compared throughout with Benseler's translation, to which some of the corrections are due. The German version is naturally the more leisurely per- formance : it is the work of a man whose whole life was given (as Mr Kennedy's was not) to philological studies. Yet the comparison is not, on the whole, to the disadvan- tage of our countryman, whose judgment often strikes me as superior to Benseler's in the choice of conflicting interpretations. I can scarcely venture to criticise German style ; but apart from its great accuracy Benseler's trans- lation appears to me to be both picturesque and sugges- tive, and I have sometimes quoted from it. The Orators have been specially reperused for the purposes of this volume and of kindred studies ; and it is hoped that something appreciable in amount has been added to the illustrative quotations which, like the edicta translatida of the Roman praetors, have been handed on as common material from one Variorum edition to another. This will be found to be more particularly the case with the Timocrates, the industry of Funkhaenel having already done so much for the Androtion. The aim has been to illustrate Demosthenes as much as possible from himself; ^ Besides the valuable appendixes to Mr Kennedy's complete trans- lation in five vols., his earlier volume of Select Speeches (the five Guardian Speeches), 1841, contains an important series of notes on Attic law, not reprinted in the collective edition, and dating from a time when aids to this study were almost non-existent in England. xii PREFACE. his self-laudations are checked by the invectives of Aeschines, Deinarchus, and Hypereides ; among the other orators Andocides, Lysias, and Isaeus are especially valu- able as sources of Attic law; and he sometimes pays Isocrates the compliment of imitating him. The Orators are quoted uniformly from the editions in the Teubner series. To the sections (§§) of this series, which are those of Bekker's Berlin edition, have been added, in the case of Demosthenes, the usually cited pages (Reiske's). In referring to the less voluminous orators, or to the two speeches contained in this book, the pages are omitted^. The Dramatists are cited from the fifth edition of Dindorf's Poetae Scenici, 1869 ; Grote's History from the eight- volume edition of 1862 (earlier and later are in twelve). Other editions do not require to be specified, or are in- cluded in the Select List of Books appended to this Preface. The grammatical references are mostly to Madvig's Syntax, translated by Browne, and to Prof. W. W. Good- win's Moods and Tenses, both works remarkable for their common-sense treatment of syntactical questions'": some- times to the larger materials of Jelf, after Kuhner. 1 The sections of the Berlin edition are now invariably used in foreign books of reference, e.g. Pauly, or Daremberg and Saglio, and latterly in this country as well, e.g. by Paley and Sandys. English scholars of the last generation, such as Thirlwall and Grote in their histories, Shilleto in his de Falsa Legations, followed the more minute subdivisions of the Oxford Bekker: and as ShiUeto's book is in the hands of most students of Demosthenes, I have usually given the double reference in quoting from that speech, e.g. F. L. p. 413 § 230 = 255. In these oases the higher number is Shilleto's ( = Oxford), the lower Teubner's ( = Berlin). ^ No one, it is to be hoped, now believes that el os to the public status of the prjroip or politician. The ypaia.\ai or paterae: the whole operation was left in Androtion's hands, without check or audit of accounts*. We next find Androtion as a jiovXevr^i or member of the Senate of Five Hundred; and it was in this capacity that he proposed the complimentary vote to the Senate which gave rise to the present prosecution. At the close of the Athenian year it was usual for the people to vote an honorary crown to the outgoing senators as an acknowledgement that they had discharged the duties of their office honourably and efficiently °. The "crown" must have been of altogether insignificant value, apart from the fact that there were 500 claimants: but, like a modern "vote of thanks," it was taken as a matter of course, and the omission of it would be a marked slight. This year, however, 1 TOK S-riiJt.6(nov irapeivai wpoiriypafev, A. § 70, which explains roiis imipiTas, T. § 162. 2 A. §§ 59—64. ' ri. 0i}XXo AiroppeTv, § 69 and note. ■• airit p^rap XRVCOX^"^ ra/uios dvTt.ypaet, Tijv twv x/yiumTiav etairpa^w, § 47. This second part of the speech is repeated almost exactly in the Timoeratea, §§ 160 — 186, and its presence there forms one of the critical difficulties of that speech : see the next Introduction. XXX INTRODUCTION. the example of Satyrus, not to be inseparable from the dis- charge of these unpopular duties (§§ 59—64). So far from being a patriot and reformer, he has been, during his thirty years of public life, identified with the existing system and all its abuses (§§ 65—68). The concluding paragraph (§§ 69—78) deals with an exploit of Androtion's which he claimed as one of his services to the state, his melting down of the votive golden crowns and recasting them as paterae or bowls ; this is shown up in its true colours as an act of gross fraud, from the want of proper supervision in carrying it out, and of extreme bad taste, since the treasures were nothing in themselves, everything in the associations connected with them. This last thought leads up to a short peroration of singular beauty and force, in which it is urged that Athens has always preferred glory to gold, though Androtion is ignorant of the fact ; and that the handling of sacred things by a man who has led such a life as his is in itself an outrage against the traditions of old Athenian piety (§§ 76—78). The Androtionea in a moderate compass afifords a good specimen of the varied excellences of the orator ; and it is further interesting as the earliest work of his maturity. It exhibits in large measure the " rhetoric fused with logic in the white heat of passion " to which later critics gave the name of Seivott;?, and which they regarded as characteristic of Demo- sthenes beyond all other speakers. It has likewise a full share of his faults, which are those of Greek oratory in general, unfairness in argument and virulence in abuse. In scurrility, indeed, this speech and the Timocratea are left far behind by the two great speeches against Aeschines. Demosthenes did not, unfortunately, acquire self-respect on this point, or what would now be called the feelings of a gentleman, as he grew older; though his later speeches seem to show a growth in that intellectual self-respect which restrains a man from utter- ing the most transparent nonsense for an immediate object'. 1 See note pp. 155-6, and T. § 85 n., § 88 n. INTRODUCTION. xxxi The least attractive feature in the present speech is the per- petual straining of unfair points against the accused. Andro- tion was no doubt a corrupt and greedy politician, and his acquittal may have proved nothing more than that his influence with the people was undiminished, that the clique of profes- sional orators' stood by one of their own order, and that the friends of the outgoing senators mustered strong upon the jury. But, more probably, he was acquitted on the merits of his case. The principal charge, that relating to the ships, was, as has been shown, most likely exaggerated ; the senate's previous consent to a vote of compliment to itself was a mere matter of form, and in practice had almost certainly been omitted ; while the two charges, one of them of a peculiarly odious nature, on which it was sought to prove Androtion disqualified from speaking in public, would have been relevant only if backed up by legal decisions. In these last, and in the equally irrelevant abuse which forms the staple of the speech from § 47 onward, we may well believe that the orator overshot his mark. It would, however, be a great mistake to see in Demo- sthenes only the hired speech-writer, the unsuccessful abettor of Diodorus' schemes of private vengeance, the unscrupulous verdict-getter "abusing the other side" in the consciousness of a bad case. The politician is here inseparable from the advo- cate ; and politics have not yet ceased to be a war in which almost everything is accounted fair that promises to damage the enemy. A strongly intrenched system of abuses has to be assailed ; threatened interests are banded together for mutual support. Demosthenes is already a reformer aiming at definite objects, with a definite ideal before him of what Athens ought to be. In striking at Androtion he is striking at " the system : " and he does not scruple to use for his purposes the aid of objectionable people who happened for the moment to share ^ ol (TVveaTTjKbres pijTopes, A. § 37. xxxii INTRODUCTION. his likes and dislikes; to screen himself behind vindictive prosecutors like Diodorus and (as it would seem on at least one occasion) Apollodorus the son of Pasion' ; and to play on the weaknesses of Athenian juries. This commingling of legal and political issues was greatly assisted by the fact that, while every full Athenian citizen was a legislator, an immense proportion of the whole number were also Dicasts, i.e. jurymen and something more, deter- mining questions of law as well as of fact^ It was, therefore, an everyday occurrence for an Athenian to combine in his own person the functions of a member of Parliament, a judge and a juror. The extreme elasticity (already hinted at) of the ypa.^ irapavofxtav was the expression of this fact. Whatever displeased him, a component unit in the Sovereign Demos, in any of his three capacities, might be brought under the provi- sions of this law. As a legislator he expected to be relieved from the consequences of his own hasty acts : if on reflection he discovered that he had been led astray, the proposer of the law must be punished. Demos himself was irresponsible. As an interpreter of the law, he required it to be intelligible to plain men ; to be without ambiguities or contradictions. To guard against repugnant laws, it was not enough to repeal the old law by an enacting clause inserted in the new : the ground must first be cleared by the total repeal of the former, a pro- 1 The evidence for the genuineness of the First Speech against Stephanus is too strong to be resisted: and by far the most probable explanation of Demosthenes' conduct in turning against Phormio, a client whom he had formerly defended, and exposing himself to the taunt of Aeschines [de F. L. § 165) is that which ascribes it to a strong political motive (Blass, p. 32, who is followed by Sandys, Introd. to Select Private Orations, pt. ii. p. xlv, and by Mahafty, Gr. Lit. ii. 337). ' It is not certain whether any system of rotation was combined with the KXijpos or lot, so as to make every citizen a dioast in his turn : if it were so, the turn would come about once in three years, allowing for the many public officers who were ineligible, and for other causes of exclu- sion. On the number of Athenian citizens, see A. § 35 n. INTRODUCTION. xxxiii ceeding which no doubt made it easier for legislators, acting "without the guidance of trained lawyers, to judge of proposed amendments in the law. Lastly, as a dicast he gave his verdict on the proposer of a law, and thus implicitly on the law itself, for which in another capacity he might himself have voted. "We have not yet exhausted the curious aspects of the ypaiprj irapavofxiovK Like other despotic sovereigns, the Athenian people claimed a "dispensing power" of overriding the law upon occasion : and their advisers, the professional statesmen or orators, were as such the "keepers of the royal conscience," and liable to severe punishment if their master's conscience subsequently reproached him with what he had done at their bidding. Thus the Athenians no sooner repented of their judicial murder of the six generals after Arginusae, than they directed a prosecution of those who had advised it^ From another point of view, the sovereignty of Demos was so far constitutional that his ministers were liable to be turned out by a " vote of want of coij.fidence." The dominant clique of orators might be discredited if one of their laws were over- thrown ; still more, if one of their number were punished ; and the capital sentence was usually demanded ^ Thus attacks ostensibly directed against measures were really aimed at men ; the dicastery with its immense numbers was swayed by the passions of the assembly ; and verdicts were openly demanded upon political grounds. No law was beyond the reach of this mode of indictment. However carefully all constitutional forms had been observed, it might be assailed on the vague charge of "inexpediency*;" though after the time limit' of a year the author of the law could not be punished. The ypaffir/ 1 On the 7/)a07) irapavbiiav as having taken the place of ostracism (disused after 417 B.C.), see Prof. Mahaffy in Hermathena, vii. 86 ff. ^ i^ri^iaavTO...vpo^dKk$ airav etvai, Xen. Hellen. I. vii. 35. 8 Such phrases as rpls oix oTal reffpavai, a|ios occur with unpleasant frequency in these two speeches. * fii) ^TTiTijaetoi', T. § 33. ^ TpoBeff/ila, sc. V^po. xxxiv INTRODUCTION. irapavoixw lay, therefore, not merely against unconstitutional but against bad legislation in general ; and any law might be pronounced "bad" against which a majority, however small, could be obtained in a court where the last thing expected of the jurors was to leave their politics behind them'. The motives of Demosthenes in undertaking these prosecutions thus stand in a clear lights The speech against Androtion has provoked none of the destructive criticism which plays so large a part in Demosthenic literature. Neither its genuineness, nor, with quite insignifi- cant exceptions, its substantial integrity, have ever been dis- puted. The only doubtful passages are in § 20, where the suspicion that some words have dropt out is as old as Harpo- cration, but the lacuna need not be, as Cobet thinks, an extensive one ; in § 67, where there is a probable interpolation (but only of a few words) from the parallel passage in the Timocratea; and in § 74, where an entire section has almost certainly been interpolated from the same source^. ' We thus get the point of Aristophon's boast (see T. § 11 n.) that he had been impeached irapavbiuov 75 times and invariably acquitted. He neither gloried in breaking the law with impunity, nor denounced the prosecutions as uniformly frivolous and vexatious ; his meaning is, that he had alvfays been on the ■winning side in politics. 2 It is in such passages as the following that we see most clearly the real Demosthenes behind the mask of advocacy, and already in marked opposition to the other orators: A. § 37, d Sk yaiiiaerai to3to icai tui' ijdaSwv xal ffwetrTtiKiruv jrrjTbpav iTaWay^'^ Trapavdfwov but failed to obtain a verdict. Popularity did not count for much when a treasury claim, especially a just one, was at stake: and on this occasion the ring of orators was divided against itself. The elderly defendants were probably men of expensive habits, and they did not find it convenient to produce the nine and a half talents. Their shifts to put off the evil day were at length exhausted. In the summer of B.C. 353, after retaining the balance for nearly two years, they had only the alternative of immediate payment or of being adjudged defaulters \ Timocrates, the present defendant, now interposed on their behalf with the law against which the prosecution is directed. Several persons of this name are mentioned by Demosthenes. The one now before us is doubtless different from the archon of 01. 104, 1, B.C. 364 — 3, the year of Demosthenes' suit against his guardians^: but it has been proposed to identify him with the Timocrates who appears as a witness for Boeotus in the second speech (the Dowry), and who is mentioned as of the same age with Boeotus himself. Timocrates was a man 1 § 26 n. : Blass, p. 244. Their d^dXTifm or simple indebtedness would be converted into an o irepi re (povav eKOvaCwv Koi TpavfuaTfov Kol TotovTav Tiv5)v SiKd^ov(Ta, erepa Se 17 to, iroKiTiica TrpdrTova-a- avrr] Se kut evtavTov '^/leljSero, eK "Trev- TaKoaiwv avSp&v rmv rrjv ^ovKevTiKrjv rjXiKiav djov- rmv a-vvicrTa/j,€vr}. v6fio<; Se rjv eiriTaTTOiv rrj ^ovXr) ravTrj "jroielaOai TpirjpeK Kaivd<;, iav Se fj.r) TTOirjarjTai,, KoaKvoov aiiTTjv airetv 'jrapd tov Sijfiov Scopeap. vvv Toivvv r) fjuev ^ovXrj rd<; TpLrjpei'; oiiic eTroirjo-aTO, ' AvSponeop Se ye'Ypaa- vSxxat Trjv ^ovKrjv. em, tovtw ■trapavop,(ov KpiveTai, Argument. Alio. . ./SouXoi] The jSouXcvtikV ^Aik'oc] Thirty, distinction between a judicial as for the ijXiaffTal. See the He- body (Socdfouffo) such as the liastio Oath, Timocr. § 150. Court of Areiopagus, and a ivoi.-fiaa.To ... yiypa^ev] The Coiancil of State (ret iroXiri/cct confusion of aorist and perfect irpdTTOvaa) like the Senate of in late Greek is noticed by Mr Five Hundred, was less clearly Paley on the Arguments to the marked in ancient times : hence speeches Trpos iopidiava, p. 906, the common term /SouXr) is ap- and iwip ^op/duvos, p. 943. So plied to both. irpoelptjKe below unless we may Siriveiciis] 'perpetual,' because say that Euctemon has opened its members were elected for the case and now Diodorus life; opp. to KXripiarii rar' iviav- 'follows on the same side' {iira- riv. ywvL^€Tai). TpaviJ.dTwv] Diet. Antiq. s.v. irapofi/nw)'] Diet. Antiq. s.v. Traumatos ek Pronoias Graphs. Paranomon Graphs. W. D. 1 2 KATA ANAPOTIflNOS [argument. KarrjiyopovvTaiv avrov hvo e)(Bp&v, ^VKTrjfiovo'; Koi AioBrnpov. Kol irpoeipijKe fiev 6 EvKT'^/x.fov, Bevrepoi; Be o AioSmpoi eirayavL^eTai Tovra rm Tuyyo). ^aai Be oi KWTr\'^opoi irp&Tov /Mev airpo^ovKevrov eivai TO ^Jrijcfua-fjia {v6/jlov yap KeKevovroeCKeiv Ty TToXei. ETEPA TnO©ESl2. Aia(f)opot Trap ^ h.6rivaioi<; vTrrip')(ov ap')(aL, wv ai fiev KKrjpcaTai, ai Be 'xeipoTovqTai, ai Be aipeTaL Kal KkifprnTai, p,ev ai KaTa KXrjpov yiv6p,evai,, co? al twv BiKacTTcSv, 'xeipoTovTfTaX Be al koto, 'x^eipoTovlav tov dTpo^oiXevTov] See § 5. must not blind us to its many KekeiovTi.../!,^ ahcir] A olas- defects of style and misstate- sical vraiter would have said mentsoffaot. 'ApTiSioffToMitor airayopeiovTi liij alTeiv. 'ooutradistinetion,' iiroiriTTetv eU ri irpayfia. ..Karb, TOV vpoopal rpet?. Kal vpcorr) etTTl to rrjv twv irevTaKoaiwv to, Brjfiocria "jrpdyfiaTa SioiKeiv, ttjv Be ev 'Apelq) "jrwycp to, (povbKa fjLovov. el Be Tt? eiTToi oti koI avfij B7jfj,6a-ia BicoKei, Xeyofiev oti, -qviKa fieyicTTT) dvdyKij iylyveTO, Tore fiovov irepX B'qp.oaiwv avvrjyeTO. BevTepa Bia^opd, or I r] fiev TWV irevTaKoawv dpidfiw vtroTmrTei wpt- a-fievm, r) Be doplaTW. ws ydp Tive6/ievoi) and eSBvvai {ei superfluous after us, but, as /ca\us ■?pfaj') obviously refer to Sohaefer observes, a similar the whole nine, laxity or confusion between to, tuv dp(pavG)V koX d(re|8eti3y] two constructions is not uncom- A mistake as regards the former, mon even in classical writers. The Eponymus, and not the The name Thesmothetae seems Basileus, was the guardian of to have been sometimes applied orphans and heiresses (iiriKk'q- to aU the nine Archons, and poi.). Diet. Antiq. s.v. Arohon. 1—2 4 KATA ANAPOTIflNOS [argument. OevTO ry ^ovXfj rwv ^ApeioTrayLTwv. koX Sid tovto ov'X^ vireirnrTov dpid/ia. el Be fj.i), e^e^akXovTO. rpiTrj Biaia-/iaTO<; to? 7rapav6fj,a)<; jpa<^evTo<; EvKTrj/JiCov Koi AioBcopoi;, i')(jdpol 8vt6<; tov ^AvSpoTi- a)vo<;. ea-Tiv ovv rj epe irpwTov ra? twv KaTrjyopmv e^eTaa-mfiev. KvKTi]/j,cav ovv Kot AtoSojjOO? eTriXafj,0dvovTat KaTa Teaaapa^ v6fiov<; tov ■^rj^UrfiaTO^, tSv irpwTOi} ecrTiv, aTTpo/SovXevTov '\lrr]a)Xevov<7av KaKovpyiav, irpwTov TrapeTrefiireTO elo^eiTO firj Sia<])(ov7}dfj''- eKaaTO^ yap TOV irpo avTov Qeket Bel^ai kukwi; ap^avra. Seure/ao? vofio^, rtjv ^ovXrjv Trjv Troirjaaaav TaeiX6 TToXiTeveadai. Tera/OTOi? v6fJ,o<;, tov i'7roepei yap xal auro? eTepov vofiov XeyovTa Trjv ^ovXrjv, idv Bo^y KaXw<; ^e^ovXevxevao ev TO) Btj^q), a-Te(f>avovcrffai. iTpbeiXe Kpiivecrdai, irepl tovtcov. Hive'; S' eTrexeipirjcrav tovtov tov Xoyov elirelv •n-pay/j,aTiKrjv irpoi dvTivofiiav,XeyovTe<; oti " IBoi) Kal ' di.ari9^ Diud. , Blass. motion should be opposed:' a exceptions, late sense of this verb found in irpayiiaTiK^v jrpis ivrtvofiiav] Dion. Hal. The alteration to The distinction here drawn is Si,a owj^ ovT(i>TepovoopS>v. So Jerome Wolf (a.d. 1572), ' ho- note vestro per iniuriam deii- cere. Hoc loco non significat in exilium eiici.' This explana- tion of the oldest commentators has been rightly recalled by A. Schaefer and Benseler, in place of the traditional 'driven into exile.' The treatment of Eu- ctemon by Androtion is related below § 48, where KaraXiaai \ln)- (plap-an 'having procured a de- cree for his deposition' (from the office of iKKoyeis) is correla- tive to iKTveffdv here, and where there is no mention of banish- ment. Nor is it necessary to restrict iKvlwretv to that sense, though of course a very com- mon one : it may mean ' to be ejected from property,' as in Pantaen. p. 968 § 6 t^s /uirSili- vye.'\ But in fur- ther quoting Or. xvn. p. 217 § 22, o Trap iXaxurrov iiroLTjffev a^obs a^aipedTjvai SiKaius Tijv /card 6a\aTTav yiyip.Qviav, he ob- scures the distinction between the two idioms, ' just hitting,' and 'narrowly missing.' The meaning here is 'by a small majority.' Trip,TrTov piipos\ With the usual consequences: Timocr. § 7 i50\e x'^ias to which would p. 594.] HAPANOMfiN, 11 TOVTOW? rwv ylnj^tov' tovtov Se /xe^' v/jlmv nreipacrofiai KoX vvv Kal TOP dXKov airavT afivveaOai 'X^popov. Kai irepi fiev rwv ISicov C'^cov en ttoXKo, \e7eiv iaaw Trepl o' (Sv oicreTe rrjv yfn](j)ov vvvl Kal irepl wv ovto<; Sijfioaia TreTToXtTev/iei/o? ovk oXly vfid<; e^ayjrev, & fiot TrapaXeiireiv ^vkt'^/mcov iSoKei, ^eKnov S' vficLf aKovaai, ravra Bie^eXdelv iv ^pa')(ecrt,v ireipda-ofJt.au 4 eiyoii yap el p,ev edopcov riy aifKrjv TOVTCp Trepl Sv (fievyei Trpof vfiaf ovaav airokoyiav, ovk av iiroiov- firjv -rrepl avT7J<;^ /Mveuav ovSefilav. vvv S' olSa cra^co? OTi ouTO? cnrXovv fiev ovBe SiKaiov ovBev av eiirelv e'xpi, i^a-rraTav B' vfiai; TretpdcreTai TrTMrrmv Kal Trapdr/mv •irpb airuv Bekk. cum r. be added partial Atimia, viz. disqualification from bringing a similar charge (of aaipaa) in future. aiJ^vecBai] The Greek view of revenge is expressed in Isocr. ad Demon. § 26 S/tws ala-xpir vbfiL^e Tuv ^x^pcji' viKctcrdai reus KaKOTTodaLS Kal twv ^aKev hi roiiry] This correction of Eeiske's for iv Toircfi is adopted by almost all recent editors. It cannot indeed be said that (rxoXafeu/ iv tlvI would be inadmissible : we have in Xenophon (Mem. iii. 6. 6 and elsewhere) o'xoXdfeu' irpds n, and in later authors, ax- i'lrl, or irpAs Tivi (cf. Liddell and Scott). But Dindorf rightly urges the much greater appropriateness of the simple dative, Lat. vacare ret, to 'devote one's time' to anything. Benseler, who alone defends iv To&nf, thinks the expression more contemptuous. as if it meant 'he has wasted his time in the pursuit.' I cannot but think this fanciful : ffxoXafeu' does not imply spend- ing time idly or uselessly, and no cultivated Athenian, least of aU Demosthenes, would reckon oratory among the ' studiis ig- nobilis oti.' (i/i(i)//0(r/i^ois] There is good reason for thinking that the true Attic form is diiu/xoixivots. 'The question of the insertion of sigma before the terminations of the perfect passive is one of great difficulty : occasionally verse establishes the true form, as in the case of ofivvpu — tovtI tI> irpaypja iravrddev ^uvofubfiOTatj Ar. Lysistr. 1007 : dp-iiiwrai. yap SpKos ix Beuiv fUyas, Aesch. Agam. 1284. Buttheuntrustworthiness of MSS. is demonstrated by the circumstance that as soon as the support of metre is with- drawn, the sigma appears — eS vuv T6d* tare, Zei>s dfiuffwo'Tai, Trariip [Eurip.] Ehes. 816. In Demosth. 505. 29 [Lept. § 159] it is only the best manuscript (Paris S) which has retained the primitive hand iv ■§ yiypa- Trrat Kal dpLiiipLorai.^ Eutherford, New Phrynichus, p. 97. So a\r)\ep.ivos, iXijKaiiivos are well attested. Cf. Timoor. g 175. ^■qd' iiro\afi.pdveiv] Not 'that you may know what to think,' p. 594.] nAPANOMXlN. 13 'EcTt rfap 6?? iiev ov o'ierai re^i/t^w? exeiv avT^ Xoyov irepl rov atrpo^ovkevrov. v6p,o(Si' ov /irjv aXX' el TOVTO roiovr iarlv to, fiaXiara, 6 vo/ioi 8e Xejet rdvavTia, ov')^, on 7roXXa«t? -^fidprrjTai, Bijttov irporepov, Sid rovr i-Tre^afiapTijTeov ecrrl Koi vvv, dXXa rovvavTiov dpKTeov, an; vofio'i KeXevet, rd roi- ■' iX-qOii oorreotus r. dXiiBaav oeteri, v. not. cKipipHv] 'That the movers (roiis ypA^oiiTas) bring up their resolutions of the senate : ' hence the article before Trpopov\eitiJ.ara. fiil KewTai] ' do not apply : ' ' upon a question that is not lawfully open,' K. This must be the sense ; yet the words merely imply that the laws are sUent, not that they prohibit : and we should have expected a stronger phrase. Eeiske saw this, and observes; 'Sententia postulat d.Tra.yopeiovo-LV aut o{ik iwtnv ol vdfioi.' TT]v dpxnv] 'omnino,' § 32. § 6. 0i;(rei toIpvv] Neither Kennedy nor Benseler express this particle in their transla- tions ; it is not inferential but co- pulative, 'moreover,' and serves to introduce Androtion's second presumed argument — that from custom. Comp. § 8 Ilepi toIvvv. . . This must be pronounced the weakest point of the case for the prosecution. With the ad- vocate's instinct of 'admitting nothing,' the orator 'thinks, or rather is certain ' — not venturing on an unqualified denial — that H, statement is untrue which must have been within the know- ledge of every one of his hearers, and which Androtion would not have dared to make unless it were true. \iyeiv airrbv oXtjOt}] Ben- seler observes with reason that neither Demosth. nor any other orator ever says Xiyem oKi^Beiav, but \iyeiv ttji' oMiBeiav. The reading 0X7/8^, retained by Bek- ker, Benseler, and Cobet Misc. Grit. 1. c, is supported by the rhetorician Aspines, ed. Spen- gel, I. 372 and 375. 'Seribe- batur aX9))' is Cobet's remark, accounting for the two readings. apKriov, Cis 6 vdfios KeKedei] " This argument is repeated in partly the same words in the Arist'ocratea, p. 653 [§ 98]. It is cited with praise by Quintilian, V. 14, and Aulus Gellius, x. 19. It touches a question which frequently arises, both in courts of judicature and elsewhere, how far and in what manner it is right to punish people for unlawful or vicious practices, which have long been tolerated p. 595.] nAPANOMflN. 15 7 avTa TTOieiv avayKa^eiv diro crov irpaiTOv. crii Sr) jj/tj X67 (»? yeyovev tovto TroXXaxt?, dW' tu? o^tco Trpoarj- Kei yvyvea-Oai. ov yap el' ri Tranrore fit) Kara tovTja-iv,ovK ia rrjv ^ovXrjv alrrjerat rr)v Stopeidv, idv firj ironjarjTai ra? Tpii]pei,avcS, ttw? Trapd tov vofiov e'tprjKa; ea-Ti Brj^ tt/jo? 596 TavT ov 'x^aXeirov to BiKata vfiiv dvTenrelv, ort irpw- Tov fiev 01 TrpoeBpevovTe^ t^9 ^ovXrj<; Koi o tuvt i-TTiyfrrjipl^av i7riaTdT7]<; ■^pcoTav Kal Bca'^eipoTOviav eBLBoaav, otw BoKel Bapeod'i d^ia)<; 17 ^ovXrj /3e^ovXev- f 5' Bens. « Stj el Z Dind. >■ Si Z Bekk. cum libris. p. 1132 § 12 ol ye v6iJ.oi aira- yopedovffi. /MTid^ vdfiov i^eivai iir' anSpl Beivai.. AsSchweighaeuser observes (Lex. Herod, s. v.) the correlatives Ke'Keieiv and oiiK iS.v do not commonly imply au- thority to ' command ' or ' for- bid.' They are often used of advice tendered to a superior, and not necessarily accepted, as e.g. by a minister to a despotic prince, a constitutional states- man to the people, or a slave to his master. Herod, v. 36, 8 (Hecataeus to the Milesians) irptara fiev oiK ^a ir&Xe^iov ^aC o SUatov ■^v evpeiv eifia koI crvfi\avpov, ex t^9 tcov rpirfpasv 13 TCI fiev KTrjaemi;, to B' a-jrovaia's yeyovev. olov iro'SXa fiev av Tts e^ot Xeyeiv Kal iraXaia, Kal xaiva' a S' ovv Traaiv fiaXi is the opposite of Tuv Seovriav. Bentley on Pha- laris ch. ix. (Works, i. 266 ed. Dyoe) quotes dalfuav Irepos from Find. Pyth. v. 62, and Callim. Fragm. 91, but thinks the ex- pression only poetical : for this he is criticised by Valckenaer Diatr.p. 112, who refers (among others) to one of these passages in Demosthenes. 'iva fajSiv etiria ifKavpov] The phrase h.avpl>v n \4yei.v usu- ally means to say something depreciating or disparaging, as in Lept. p. 461 § 13 oix oWa oid^ X^yci) fp\avpov oiS^v oi55^ (Tinqida, p. 488 § 102 oidiv yap ipS ire, Mid. p. 581 § 208 Trepl (Sv oiidev civ etiroipA. Trpbs i/fMS tpXavpov iy(jlj. Shilleto de F. L. p. 427 § 270 = 306 quotes from Photius (p. 650, 19 ed. Person) the distinction (pXavpov pAv i(TTL rd jxiKpbv KaKbv, ipaOXov Si ri /i^ya and proceeds to show that this distinction is not always maintained, since 0XaC/)os is used of serious as well as of trifling evils. Comp. Aristocr. p. 651 § 92, Timocr. §§ 127, 158. Here K. rightly translates 'that I may avoid words of evil omen.' § 13. TToiTiv pAXurr' aKoOffai ypiSipipia'] 'Familiar to all ears.' Comp. de Symmor. p. 189 § 40 oiVre Kol yvibpLpca Kal Trttrrd airtp rwv iirayyeKKovruv aKoOeiv Icrrai. See also Timocr. § 68 wdiri. yvaplpws, el poiXeade] ' to take this ex- ample,' G. H. Sehaefer. The phrase el Si poiXei is common in Plato in a sense approaching the present, but with easily dis- tinguishable shades of meaning : see the Editor's note on Protag. 320 A. ol Tct irpoTrdXaia koX rhv trap- 6eviova olKoSop.i^ffavTes] The two great ornaments of Periclean Athens, here ascribed to the men of Salamis, are in reality later by at least a generation. The Parthenon was finished B.C. 438 : the Propylaea were then itmnediately begun, and completed in five years, ending 2—2 20 KATA ANAPOTIflNOS [§§ 14, 15. So/irjtravTei; eKelvoi Koi toKX' aTro rmv ^ap^apcov iepa Koafir]aavTe<;, i6,vi,Kev. As he observes, the phrase used is ofiSeis xpl"">^ referring to fu- ture time [oiBcls xpbvoi i^d\elfei. etc.], oiiS' 6 xpfiyos of the past. § 14. dpxx,atos in a more or less contemptuous sense, 'trite' or 'timeworn.' But in Lys. c. Andoc. § 51 Kard, t4 v6- fu/wv tA vdKaibv Kal dpxaiov seems to mean 'the good or time-ftojKmred old custom. ' dXX' a ndvTes ^opd/car', tcrO' Sti] Cobet, Nov. Led. p. 228, writes ' repone oXXa irdxTes et iopdKare excidit,' an emendation which carries with it more pro- bability than many of the critic's ingenious conjectures. The construction thus comes out more simply and neatly. Ee- tnrning to the point in Misc. Crit. p. 521, he adds that eopa- Kare does not fit well with koI Orj^alovs inroffirfcSoi/s direTd/i- p. 597.] HAPANOMnN. 21 rjijbepmv rpiwv e^or)dria-aTe .Koi ©rj^aiovi virocnTov- 00U9 direTrefjAfraTe. dp' odv ravr' eTrpd^aT dv ot^TO)? ofeu)?, el firj vav 7rapeaT7)aav, irpXv to vavrinhv avrwv dTrcoXero. 59" Koi tL Set TO, waXaid Xeyew ; tov TeXevralov yap tcrre [tw] 7rpo<; AaKeSai/iovlav; iroKejJbov, ore fiev vaw ovK eSoKelre diroaTeiXai, hwrjaeadai, ttcS? ote- spur of Mount Parnes. At the very moment of this invasion, the Athenians sent out their second great armament under Demosthenes to the siege of Syracuse, and a smaller squad- ron o{ 30 triremes under Chari- cles to annoy the coasts of Pe- loponnesus. iroKKiav aTu^^^T^/iaTwc] After the disaster in Sicily (B.C. 413, September) the Athenians in spite of revolutions at home (the Pour Hundred, 411) stiU showed a bold front to the coa- lition, and won the naval victo- ries of Cynossema (411, the last important event recorded by Thucydides, vm. 104), Cyzicus (410), and Arginusae (406). immediately upon the loss of the fleet without striking a blow at Aegospotami (405), Athens was closely invested by Lysan- der. wapidTTiirav'] ' were reduced to submission.' There does not appear to be another example of this sense: but it answers exactly to the transitive use of trapaiTT'^ffacOac, so common in Thucydides and found also in Demosth. (i. Olynth. p. 14 § 18 "OXwAoK TrapaaHifftrai), and is noticed by the grammarians. The gloss Tap^ffTTurav iviK7]a'av in Bekk. Anecd. p. 289, 15, found also with the addition of Arifnotrdhris in Etym. M. p. 653, 1, is corrected iviKiiBijaav. The subject of irapiaTfiaav, as E. W. notes, is iroKiTat implied in tJ TToXet. rbv irpos AaKedcufioviovs ttoXc- fiov] Sphodrias, the Spartan harmost, made his unjusti- fiable attempt to seize the Pei- raeus in time of peace, and the Spartans, on the demand of Athens, brought him to trial for this act of piracy. His con- demnation was regarded as cer- tain: but he was unexpectedly acquitted by the influence of Agesilaus. Athens immediately alUed herself with Thebes and declared war against Sparta, B.O. 378 (Grote, ch. 77, vn. 89): and the whole period down to the peace of May 371, just before the battle of Leuetra (Grote, p. 145), is here included; no re- gard being had to the abortive peace of 374, broken off almost as soon as it was made (id. p. 123). As Benseler observes, the Scholiast is wrong in limit- ing it to the Corcyraean war of 373 : for the main incident here alluded to is the naval victory of Chabrias off Naxos, which opened the way for the corn- ships to reach Athens and avert- ed the danger of famine; and this belongs to the earlier pe- riod of the war (September 376). The corn-ships were waiting at Geraestus in Euboea, afraid to double Cape Sunium while the Saronic Gulf was commanded by the Lacedaemonian fleet. Xen. Hellen. v. iv. 61. p. 598.] IIAPANOMflN. 23 iceio 7) nroKt^. IW opo^ovi; opraf coviovi. iireiBr] o d-Trea-TeiXare, elpijvrj^ eVi^^ere oiroia^ riv6<; rj^ov- i6 Xeade. axrre BiKaim^, w avBpe^ 'AOrjvaioi, rrfXiKav- Tr)v e')(pvamv poirrjv e. Ctes. § 30; a passage which suggests that they were chosen by the tribes out of candidates nomi- nated by the demes. Demo- sthenes and Aristotle, on the other hand, imply that the choice rested with the BouXiJ. We see from .the text that the Boul^ was responsible for their honesty ; and probably they were a committee of the Bou- leutae themselves, one for each tribe, though they may have been a subordinate body. They either chose their own treasurer or had one chosen for them by the Boul6, whose responsibility for its delegated authority was thus maintained. See Diet. Antiq. s. v. Trieropoei and App. p. 1072 b. The slight mention of them in Hermann (Staatsal- terth. §§ 126, 161) disappears altogether in the corresponding §§ of Thumser (86, 121). The office existed at least as early as the Peloponneeian war. In C.I. A. i. 77 and 78 we find TPIBPOnOIOI, with the spell- ing in use before 403 B.C. uXfTo] Equivalent to otrtos ^v Ss vX^Oi * condensed expres- sion like the opening words of the speech, Svep WiKTiiiioiv... oierai Seat. Funkhaenel com- pares Mid. p. 584 § 218 oi) yap €K iroXtTiKTJs alrias, od5^ liiffTep ^ AptffTotpuiP dirodoi)s Toiis (rret/jd- vovs IXvire rijv tt/io/SoX^c, dXX' ef SPpeias...KplveTai and Aristocr. p. 688 § 203. For examples 599.] nAPANOMON. 25 Xni^"- a-v/i^e^7]Kev. eyw Se TrpSrov fiev avrd tovto 6av/JLa^a>, el a-Te<})avovv eVt toi<; 7jTV')(7]fievoi^ ij^lov TTjv ^ovXtjv' twv KaTop9ovfievcov yap eytoye ■^yovfirjv hpywv ra<; ToiavTa<; (oplaOai Tt/ia?" eirena^ Kaxeiv 1 8 6Tt ^ovXofiai ^pdcrai, ttjOo? vfjid<;. ov dyrjfii, SIkuiov etvai Trepi a/Kftoiv Xeyeiv, Kal ci5? ov irapa tov 599 vojjLOv ri Scapeia BeSorai, Kal w^ ov Bia rrjv ^ovXrjv " 5i om. Bens. Bl. from Plato, see the Editor's note (after Heindorf) on Protag. 341 a. TT^xfl' ■^/UTiXavra] ' Two and a half talents,' as K. has rightly given it in his Argument to this speech : but in his text he trans- lates 'four and a half,' which would be iri/aTTov iiiUTaKavTov. Curiously enough, he has made the same slip in pro Phorm. p. 956 § 38, as is there pointed out by Dr Sandys. In so distin- guished a scholar such oversights are but an indication of the haste with which he worked. iirl Tois '^vxvf^^ois'] ' for mis- fortune ' K., E. W., 'for this failure ' Dobree, which at least does more justice to the article. So Benseler, 'seines Missge- sehicks halber.' 1 hardly think that Androtion is ironically re- presented as voting a crown to the senate /or (i.e. because of) their misfortune; and prefer to render 'after such a fiasco,' or 'when they had made such a mess of it.' Inotherwords,^5riexpresses here sequence in time rather than causality: but in § 69 eirl To6TOLs...TedvdvaL the causal no- tion is more prominent. Paley on Aesch. Pers. 527 iirttrraim,!. /lifwsiT'i^npyacriiivois observes : ' In this expression iirl does not so much signify after or conse- quent upon, as on or with, i.e. it refers to the state of affairs at the time of the action.' It would be safer, I think, to say that iirl may also mean 'on' or 'with.' Demosth. i. Steph. p. 1126 § 81 Paley himself translates TeSvdpai. iir' eipyafftUvoLs '[to be put to death] for what you have done.' ftreiTa kAk^Iv' ^ti] The gram- mars lay down the rule that irpuTov fiiv is usually followed by ^ireira without d4: and I now foUow Benseler's reading. He has collected some curious statistics on this point. ' Out of 97 places in Demosthenes where ^■jreLra follows irpwrov fi^v or irpw- Tov, there is only one (Callioles p. 1278 § 22) where all MSS. in- sert Si after lirara, and only two (the present passage and Phae- nipp. p. 1041 § 9) where it is found in cod. r.' § 18. vepl Api^otv] Andro- tion is made to plead at once 'no excuse needed' (because the law has not been broken) and ' a good excuse ' (because the senate in their collective capacity were not to blame). The prosecution contends that he must take his choice between the two lines of defence. In English law it is no uncommon thing to see a claim for debt resisted by pleas both of ' pay- ment ' and ' never indebted.' 26 KATA ANAPOTIflNOS [i 19, 20. o'UK ela\v al Tpiripei<;. el fiev yap BiBovai Kai firj •7roir]acnv inOavriv e^evpelv irpo^ vfidi;, ov'xl Tpir}pei,i) ^TaipijffeiDS, and so ' put out of the way ' (ArfipriKe, De- mosth. F. L, § 2) one of his principal accusers in the matter of the Embassy. The substance of the law is given in Timarch. §§ 19, 20, and what professes to be the text of it, really com- piled from the two preceding sections, in § 21. As regards the penalty, the orator's vague expression rd. fi^y^rra ^TLTlfua iiriSriKev is there particularised into Bavdrij) ^riiuoiaBu). Timar- ehus, however, seems only to have been disfranchised (De- mosth. F. L. p. 423 § 257—291 ; of. Aeschin. c. Tim. § 134). That such cases belonged to the jurisdiction of the Thesmo- thetae we know only from the present passage. It is to be observed that the action did not lie against the exercise of public functions, political or religious, by those who had been gnUty of it. Cf. Diet. Antiq. a. v. He- taireseos Graphfi. tv^ 4k€i irepl x'^twi/ iKivdvvei- ofiev] For the final conjunc- tions tva, (is, Sttu! with past tenses of the indicative, see Madvig's Syat. § 131: Good- win, Moods and Tenses, § 44, 3 : and a note on Protag. 335 u. So below § 28 tv' iKivSAvevet irepl x'^'fl''- Timocr. § 48 h' iS/iKeis. On this penalty for frivolous prosecutions, compare further § 26 diraye- in xi-^tais 5' kIvSwos and note on rb Ti/iirrov ii4pos, above § 3. — ixe'! = in that court, before the Thesmothetae. p. 600.] HAPANOMXIN. 29 Be (f>epaKL^ei,v atVta? Koi \oiSopia<; Kevaaiv6/ie6a] Joined to a parti- ciple, should be translated ' were proved to be' false accusers: not 'were thought,' or 'appear- ed.' § 22. irpwTov iiiv] Introduc- ing the answer to Androtiou's first objection, that there was no foundation for these charges. The corresponding ^Treira, as G. H. Schaefer notices, is im- plied in oTov 5' firt Trpds raits 6e0'fio8^Tas irpot7TJK€jf ^irayyeX- Xeiv, the transition to his se- cond objection. 7<^] 'When a man makes a bare statement without furnish- ing any grounds for believing him:' i. Aphoh. p. 830 § 54 ^i\(p \6y(iJ xPV^^f^^^^^ ^^ TTiffrev- BTjffdfievos 5t' ^Keivojv. So in Plat. Phaedr. 262 o \j/i\Ss irws \4yo- ixev, oix ^oKxes iKavd, wapaBely- fiara, where Thompson gives other meanings of ^ikis \6yos in Plato, e.g. Theaet. 165 a ft- \uiv X47a)y= abstract dialectics, but in Laws il. 669 d Myot fiKol are ' prose,' as distin- guished from metrical compo- sition. wlffTtv uv Xeyet] iriffTiv is here any sort of proof or evi- dence, including TCK/i-npia,, ek4- To, //.dprvpas, and distinct from rd Tnarhv below=' credibility.' DemoBthenes'TeK/ii;pio;','circum- stantial evidence,' is of course quite different from Aristotle's 'certain ornecessary sign' (Ehet. I. 2 § 16, with Cope's Introduc- tion, p. 161). For eUora, com- pare Cie. de Inv. i. 29 (46) : ProbabUe autem est id, quod fere solet fieri, aut quod in opi- nione positum est, aut quod habet in se ad haec quandam similitudinem, sive id falsum est sive verum. airrSirras iarl Kara(!TT)ffai\ This is certainly one of the places where MS. S alone out- weighs the authority of all the rest. To say that in some cases the jury could not be made eye-witnesses is little better than nonsense: themean- ing of course is, that in some cases (he might have said iroK- 30 KATA ANAPOTinNOS [§§23—25. iKavbv vofiC^er ekeiyx"^ ^'x^*" v/ieU elKOTCoi t^9 oXtj- 23 Oeiai; eKacrTOTe. '^/lel^ Toivvv ovic e'/c Xoycov elKorcov ouSe' TeKfii^pioDv, dWd Trap' ov fiaXurra SIktjv kcrri Xa^elv [touto)], tout iTri8elKvv/j,€v, avBpa •jrapecr'^7]- Kora rypa/ifiaTelov, ev a> to, Toinw ^e^uofiev evecmv, ov here) was preferred to oral. &v5pa TrapeffXV^^T^^ ypafifiarei- ov] The construction here is scarcely grammatical, and Bek- ker, with the proviso 'si quid mutandum,' suggests dvSpds irap- taxwl>'''oi- But G. H. Sohaefer well observes, in a note which contains a lesson often needed by conjectural critics: 'Viden- dum tamen ne hoc pacto non libraries sed ipsum scriptorem corrigamus, qui fortasse haec verba, quum referre deberet ad Trap' o5, rettulit ad verbum proxime antecedens emdslKw- fiev cuiusmodi infleziones c6n- structionis notandae, non cor- rigendae videntur.' d S' oStos TToiei] To be under- stood, I think, of A.'s charges against Euctemou and Diodo- rus ; not, with Eeiske and Din- dorf, of his repelling the accu- sations against himself. The latter could hardly be called \otdopia Kal ahia. •jrpoffTjKev ^irayyeXKeiv'] * We ought to have proceeded by way of denunciation ' (iirayyekia §29). TrpoffTjKSvTCiJS irepl tov vSfwv] ' That we are properly referring to the law ' against eralprins. p. 601.] nAPANOMflN. 31 24 irpoarjKOVTtoii irepi rov vofiov Xeyo/juev. el fnev yap aXKov Ttva dfymv dycovi^ofievov crov ravra Karr)- yopov/iev, SiKai,co<: av 7jyavaKTei? eKaarof; Svvarat. ttw? ovv evTUi Tovro ; iav TroXXas oSoi)? 8i3 Boa rmv vofiav eiru Tous ^Si/CT/Kora?, olov Trj<; KXairrji;. eppeotrai ical cravru) iriarevei'i' aira'y, iv ^tXtat? S' 6 kivSwoi;. aaO€ve<7Tepo<; el' tok oip')(pvcnv i^rjyov' tovto iroirj- 27 crovaiv eKeivoi. (jio/Sel koI tovto' ov. kutu- /jLefi(f)6i (reavTov «at irevq^ wv ovk av e^oi? ^(^bKiat; eKrelaai' SiKa^ov kXcttij? ttjOO? Siai,T7]Tt]v, Kal ov plainant took upon himself the responsibility of the arrest with- out previous legal steps, and incurred the risk of resistance and of forfeiting 1000 drach- mas. In i^n/iyr]? 602 ovK ace/S?;?, fj o to Stj-ttot eirj 8' o KpLvotro, Sia ravra S' CK^evyeiv d^toirj, el fJLev a,7r7]y/ievo<; eti), Siori irpo'i hiaurrjTrjv i^rjv avrm \aj(etv xal ypa^eaOai, XPV'^t **■ ' Z Bekk. [o6SiTepov ^oiXet Toiroiv ; ypiupov. KaroKveis Kal Ta&rr]v ; i4>7iyov] cum libris. » Ita Bl. e coni. Weilii: ippd^eiv cett. de Myst. § 8 and passim), tt/jo- /SoX-i) (Liban. Argum. Mid. p. S09), or elaayyeKla (Andoc. de Myst. § 43). Of the latter class was the indictment of Alcibi- ades, preserved by Plutarch Al- cib. 22 (el(T'^yci\ev) : compare Grote eh. 58 (v. 183). The two other courses, dtKdt^ep6.(ni in the legal sense of (palveai, &ei,s ■^raipijicis] 'if you move decrees {>j/Tic/>ls ras TToXiTelas KaraMovras xal fiedicrravras els d\tyapxl-o.v : but in the mouth of an Athenian most naturally 'the consti- tution,' =t4j' Sij/iop § 32. Tepl toOtov^ i.e. rijs TroXtreios, as in n. Olynth. p. 22 § 15 6 /jiiv do^ris ^Tridufiet Kol tovto i^-rj- Xu/ce, with more in Jelf, Synt. § 311, Obs. 2, Madvig, Synt. §99 a. p. 603.] nAPANOMflN. 37 Baake<; Tov<; dp')(0VTa's) rj Trpodyecv dv w? irovripoTdTov'; eivai, IV ft)? ofioioTaTOt cr^ia-iv mat,. Trjv oZv dp'^^^ijv T04? ToiovToif direlive firj p.eTe'x^eiv tov avu^ovXeveiv, Xva fxrj (peva/ciadeU o Bt]/j,o<; i^afidpTOi fiijBev. Sv 6Xiycoprjcra<; 6 KaX6)] The reading of T fi /c fer notes this as a refinement r Ua d^ furi is rather attractive, (reconditior) on the usual Sei.mis and the MS. authority for it is X^etv, cf . § 25, Lept. p. 502 § 150 respectable. Funkhaeuel ap- oidevbs rJTTov, w avdpes 'AdTjvacoi, proves it. tS)i> XeyovTuv Sewiis eiireiv, de 6 KttXds Kayadds oStosJ Ironi- Symmor. p. 180 § 8. cally, 'this honourable man.' § 32. oi55' av uaiv...ovK ^ffrt] So in § 47 where A.'s political ' The OVK is superfluously, re- antecedents are to be held up to peated after the ovdi, by a not scorn. Cobet, Var. Led. p. 71, very common idiom. ' Paley on remarks on xaXis Ka,ya66s, iroWh c. Phorm. p. 907 § 2. He com- KayaBk and the like, as a ' per- pares Mid. p. 557 § 129 oi)S' el petua crasis;' i.e. Kal ayaShs rb Trap aiuporipoiv Tjiidv iiSap wherever found in the MSS. is iirap^eie, — ovk dv e^apKiffeiev : to be corrected as absolutely in- and the present passage among admissible, others. In each of these eases, pero Seik] Like the English Prof. Butcher points out, the equivalent 'thought proper,' this protasis of a conditional sen- is used of an impropriety. Mid. 38 KATA ANAPOTmNOS [§§32—34. Seiv Xeyeiv koX ypdcfyeLV ovk e^ov, dXKd kui, irapa Toi)? vofjbow Tavra Troietv. 33 Tlepl fiev roivvv tov vofiov, Kad' ov wKrjKOTO^ avTov TOV TraTjOO? tc3 Srjfioa-iq) -x^prj/iaTa ical ovk ixre- TecKoTOt; OVK e^earu Xeyeiv ovSe jpd^eiv TOVT(p, Tavra hiKaia Xejeiv av e'xpir et/coro)?, idv ^jj Selv -r/fid'!^ ivSetKvvvai. tots yap tovto iroiijaofiep, ov fia A( ov'x), vvv, rjviKa hel a eripeov cov dBiKeteiv ere, oiiS" a rots dX\oi<{ 34 e^6(TTi, TOV vofiov. 0)9 ovv OVK Q)Xev o iraTrjp (tov, ° airhv Dind. cum ceteris praeter S. •> SeUvviiev Si Z Bens, cum Sr. ceteri Si SelKvv/iei'. p. 561 § 143 §Se\vpbs Koi i^pi- iTTTjs (pero Setv elvou. Below, §§ 56, 63, Timoor. § 65 ii^luaev. §§ 83, 34. The argument of §§ 25—29, that it is not for the defendant to dictate the mode of procedure against him, applied to another point in the case. With regard to his responsibility for his father's debts to the public, ■which debars Mm from speaking while they remain unpaid, lie may say that we ought to have pro- ceeded by way of denunciation (exSei^is). All in good time : we shall do so one day ; but mean- while the burden of proof lies upon you, Androtion. Prove that your father was not adjudged a defaulter, or that he got out of prison not by running away but by satisfying the debt. You know that by law you inherit his disa- bilities in such cases. These, men of the jury, should be your answers if he makes any attempt to deceive you and lead you astray. § 33. raOra 8kaio] Benseler and B. W., after Jerome Wolf, rightlytakes thisof whatfoUows: ' these are the anwers which you might reasonably make.' Funkhaenel attempts to prove that the words refer to oi)/c l^ean "KiyeLV oiSi ypdtpeiv ; quoted, to my surprise, with approbation by Diudorf. Seiv Tjfjjois ivSeiKi/Ovai,] The verb used aljsolutely for laying an IvScL^Ls. So Theocrin. p. 1837 § 45 ypii(peeiv. KM, Trepl /lev twv vo/mov, ov\uTKi,- vav, 6, to write as it were in parallel columns, we get the technical usage of Tapaypari, a 'bQl of exceptions, demurrer, or special plea ' in bar to an action, with the phrases irapa- ypaipTjv diSovai, (c. Phorm. p. 912 § 17) or impaypA ^^^ supply u/iSs with (peyaKlt^tv Kal irapdyeiv : there is none of the difficulty which was 40 KATA ANAPOTIflNOS [§§35,36. 35 EtVt Se KoX irepl twv aXXcov avrai Xoyoi, Trpoi to (fievaKi^eip vfj,a<; ev fjLefj.Tjxavrj/ievoi, irepl av ^eXriov vfias TrpoaKOvcrat. eari yap e?? avrS toiovto<;, p,rj TTevraKoaLovi; vficSv avT&v ae\iff6a.L.,,iTepi^aXetv'\ The reading d0Aj;o-ffe...!repi/3(£- Xijre (yp. S) no doubt arose out of the return to the direct con- struction in iKeivdjy o dyCjv o6k i/iis: 'They are upon their trial,' says Androtion, 'and not I.' But the blending of the two constructions in one sen- tence is not unusual. Dindorf compares, after Fankhaenel, Xen. Cyrop. i. iv. 28 ivTavBa. Sti tot Kvpov ye\d(rai re iK tuv trpbffdev daKpAuv Kal eltreiv aiiri^ ijriovTa Sappeiv, Sn Tr&peirTM aiiTois 6\iyov xpbvov wffre opav aoi l^earai. Kav /SoiiXg daKapSa/ivKrl : where however L. Dindorf reads 6pS,i/ ?f effTot Kav /SoiiXijroi. There are several instances in the Greek of the N. T. e.g. Acts i. 4 irepip^veiv t7]v iirayyeXlav roO 7raTp6s TJv •fjKoitraTi fiov. el p^v ^fUWere dtpaip'/itreaBai Totfrous pAvov"] ' if your only ob- ject were to deprive them ; ' not toi)tous nbvov, 'them only.' p. 604] HAPANOMON. 41 TrXet'ou? rj /ivplov; toik; a'Wou? TToXtVa? ^eX-rtou? eivat, "TrpoTpeyfrere, irotra kuXKiov Toaovrov; irapaaKev- daai ■)^prjcrTov<; rj 7revTaKO(Tioi<; dBiKco'i ')(api(Taadai, ; 36 w? 8' ovK eariv dirdcfrj^ to •jrpcuyp.a t^? ^ovKrj';, dXkd Tivmv, oiTrep eio'lv aircoi, twv kukwv, kclI ' AvSpoTico- irKeiovs ^ fivpiovs] The state- ment in the not Demosthenic, but certainly contemporary speech (perhaps by Hyperides) I. Aristog. p. 785 § 51 eUriv ojnoO Sifffiiptot iravTes * ABtivaioi, is well supported by other testimony; and Eeiske accordingly wished to read Sifffivplovs here. In this, however, he has had no one to agree with him ; strict accuracy was not required; and 'more than 10,000' is quite enough to point Demosthenes' argument. Besides, /ivploi (paroxytone in this sense, according to the grammarians) is the usual Greek word for an indefinitely large number, Lat. sescenti. The evidence as to the number of citizensis collected and criticised by Boeckh in his chapter on the population of Attica (P. E. i. vii. , especially pp. 32 — 35 = Sthh.^ i. 44 — 47). Omitting Cecrops and the times before Cleisthenes as prehistoric we get the figures 19,000, in eluding those who were rejected on a scrutiny, in a census of B.C. 445, 19,000 in the time of Lyourgus (contemporary with Demosthenes; for twelve years, probably B.C. 342 — 330, what we might call Chancellor of the Exchequer, ra/ilas 6 4wl t5 dioiK-Ziffei, to the Athenian state, Mahaffy Gr. Lit. 11. p. 366) : 21,000 in a doubtful cen- sus under Antipater 323: the same number better attested under Demetrius Phalereus 309: 20,000 fighting men in a genuine writing of Plato, Cri- tias 112 D (referring to mythic times, but no doubt expressing Plato's opinion as to his own) : all in substantial agreement with the author of the speech against Aristogiton. On the other hand there was, as Boeckh putsit,a 'customary assumption' in the absence of exact data that the number of citizens was half as much again, or about 30,000. For this he quotes Herodotus V. 97 where the statement is put into the mouth of Arista- goras who, however, had a motive for exaggeration; Aris- toph. Eocl. 1132, a comic pas- sage to which there is a set-ofE in Wasps 709 5i)o /ivpiaSe: and [Plat.] Axioohus 369 a, where the whole 30,000 are ridiculous- ly represented as all present together at the condemnation of the six generals {Tpto-/ivplo>v iKK\r}(riat^6vT03v). Apassagefrom a genuine work of Plato (Symp. 175 e) has been cited in favour of the larger estimate ; what it really proves is that the Diony- siac theatre held (approximate- ly) 30,000 spectators. See Prof. Jebb's art. Theatrum, Diet. Antiq. ii. 818 6. Toaoirovs wapaffKevcia-iu XPV' (TToisJ XP'?"'''"'^' i^ attributive ; 'to make so many persons ho- nest,' not ' so many honest men.' The sense approaches that of aoxppovliuv, to bring a person to a sense of his situation, read him a useful lesson. § 36. TivCjv oiirep etcrlv aifrtot] 42 KATA ANAPOTinNOS [i 36, 37. vol}, e'xa> Xeyeiv. tS yap ia-riv oveiSo'i, el aimirrnvTO'; avTov Kal ijLi)Bep ypdovTO<;, IVo)? Be ovSe ra ttoW eh TO ^ovKevTrjpiov elcnovro^, firj Xa^oi rj ^ovXrj rov crre^avov ; ovBevl hrjirovdev, aWd tov ypaavTos, &c., as imper- fect participles, 'used to move decrees : ' but the former is, I think, preferable. 5tA yb.p ToiJrovs] ' It was owing to these men (A. and his associates) that the administra- tion of the senate has not been worthy of a crown.' /3ej3oi)Xei/- Kev, sc. 71 §ovkfi, as in § 16. § 37. oi mV i^'^i] 'Not but that,' is here somewhat unusually followed by an im- perative Beaaaa-Bt. The orator probably had in his mind oi lj/)]v liXXa imKKov aviupipa, then altered the expression to the more vivid oaif ixaWov avp^ipec BeaaaaBe. K. translates 'how- ever.' KaTayvovaiv] For the parti- ciple with ipeLv, Schaefer compares Herod, viii. 87 ldo^4 oi T68e -TTOiyffaL, ro Kal (TW-^veiKe iroa)(Taa-t). Add Soph. Oed. Tyr. 316 tppoveiv lbs Seivbv ^vBa fiij tAt; I XiJet tppovoOvTi. Lys. Or. 25 § 27 ols ouSi oiraf iXvnri- Xtjo-e ireiBofiMiois. [Plat.] i. Alcib. 113 D ffKoirovffiv oTrdrepa ffwoiaet irpa^aaiv, and again, iroWols drj i\vffiTi\ri(rev iSiiffiaaaL pteydKa iSncfiiicLTa. (From Jelf, Synt., % 691, who however is not hap- py in his explanation. ) In this class of phrases the participle is more forcible than the infini- tive : as Stein well puts it in his note on the passage in He- rodotus, it expresses the reflex action {Doppelwirkwng) of the deed when done : in the present instance, not merely, ' it is your p. 605.] nAPANOMON. 43 (reripr)- fjL6vr)v rr]v ^ovXrjv tov erre^avov, ov'^l irporjcrovTai, 605 TOUTOt? Ta? irpa^ei'i, aXKa to, ^i\Tia-T° ipovaiv av- roL el Se yevrjcrerai tovto kuI twv rjOdhmv Kal avv- ecTTriKoraiv^ prjTopcov diraXXa/yrjaetrOe, oyfread', a> dvSpe^ ^ Kdr^valoi, TrdvO' d irpoarrjKei yiyv6p,eva. wctt el firjSevo'i dWov evsKa, 8id ravra Karayfrrj^iaTsov. ° iSAtktto Blass, quod mireris. ^ TrapearriK&Tiav Z Bens, cum STOstv. interest to oondemn' (KaTayvGi- vai), but 'when you have con- demned {Karayvoxiau/) you will reap the benefit of it.' The low moral tone of the passage shows us Demosth. at his worst: the jury who sit to dispense justice are openly invited to give a ver- dict in aooordanoe with interest. It is wpay/ia f4Si.ov (below, § 42). iiri Tois Iduirais] ' It (the senate-house) will be ruled by the ordinary (or 'silent') mem- bers,' opposed to ol X^yovTes, ol p'fiTopes. In de Fals. Leg. p. 346, § 17 = 19, TO yb.p ^ovKevT'ripLQV fieardv riv ISlutuv, they are)( ^ovXevTal, and Shilleto quotes Aesohin. Ctes. § 125, p-eraaTri- ffafievos rods ISuiyras, 'having ordered strangers to withdraw.' Another usage of iSicirijs was noticed above on § 25. Again, in Nicostr. p. 1247, § 2, it is 'the individual,' as distinguish- ed from the state. wpo^ffovTiXL TOiirots rets Trpci^ets] Comp. F. L. p. 391 § 161 = 178 TCI, ii> Op^KTi irpoeip^voi., 'leaving matters in Thrace to take their course.' Another sense of wpoteev'; Kai rivet; SXKoi, o'Cirep iicel 8t' eavT&v el^ov /jyerd tovtov to ^ovXevTijpiov ing members of the senate now under censure, or as auditors of the public accounts, are respon- sible for the loss by embezzle- ment, will no doubt speak in favour of Androtion and of tlie senate. But it is themselves that they will really be defending. If you acquit him, you will he granting an indemnity to all his accomplices ; you will never he able to bring any one of them to justice. Resent their interference as that of men who are trying to deceive you in their own in- terest. § 38. Ava^iiaeTai. xal ffvvepeil 'Will mount the Bema and plead the cause of the senate : ' the verb as usual agreeing -with the nearest subject ^IXitttos though Ttvh aXXoi are included. The present of awepei is a-wa- yopeiia (de Ehod. Lib. p. 194 § 15, Polycl. p. 1207 § 6), or avv-qyopQi (de Cor. Trierareh. p. 1232 § 16, 1233 § 18), agree- ably to the rule laid down by Cobet, Var. Lect. pp. 85—39. Compare his Nov. Lect. p. 778, Sandys on Demosth. Callicles, p. 1273 § 4. — Nothing is known of the men here mentioned. 6 dvTiypa^eiis] The dvriypa- 0615, checking-clerks, contra- rotulatores, contrdleurs, are now treated separately in Diet. Antiq. and not as a class of Grammateis or secretaries. Of the two chief officers who bore this name, the i,vrt.ypaei)s TTJs StoLK'^ffeii)s attached to the principal finance minister (see on Lycurgus, above § 35 n.), and the ivTiypa/- Ta Sl' avTuJv TTOiovvTat (not to be construed as if it were iroMvaiv). § 39. ail lihv awayvCrrel Here, to ' dismiss ' the impeach- ment, TTjv ypa? eTTietKei 606 irpoaexeiv, av Se KaKm<;, tl Brj ravr e'ia a(rKti)v 41 eTTteiKj)? etvai, irakiv avTov ipcoraTe. Kav fiev *dvTi- Xeyeiv (prj, firiBeva S' avTip ireiOeadai, aroTrov hrjirov vvv Xeyeiv inrep rrj^ to, ^eXTiar ov')(i irei0ofievrj<; eavTW /Sou\^s' av Se cnairav, ttw? ovk dBiKei, ei irapbv i^afutprdveiv fieXKovTaf dirorpeTreiv, tovto fiev OVK iiroLei, vvv Se Xeyeiv toX/hS, ta? Set tov"' ^^" Xeiirijcrei/ of general respectabi- lity. In Plato still more inde- terminate, simply = ifaBbi, as I have noted on Protag. 336 d. Adv. ^TTieiKws 'tolerably,' both * ivavHa \4yeiv ZTO. in Plato and the Orators, Shil- leto, de F. L. p. 450 § 340= 392. decv ujSl TTttJs OLKO^eiv 'Apxiou] ' Tou ought, I think, when you hear Archias, to do something of this sort.' Dindorf and Ben- seler here follow S in omitting ifias, which even the Zurich editors retain. epoyrav...eptijTdTe] The con- struction changed for the sake of variety : see above § 36. The argument is ingenious but so- phistical: the charges against the senate (a KaTqyoprfjrai t^s /SouX^s) are assumed as proved. § 41. &vTCKiyeai'\ Of course an imperfect infinitive, though Funkhaenel goes out of his way to deny the fact: of. § 25. The reading avrCKiyew has slight MS. authority, but is preferred by Cobet, Nov. Lect. p. 228, and is certainly neater. MBNANTI- ABrEIN passes easily into MENB:^ANTIAAErEIN. p. 606.] HAPANOMfiN. 47 42 Oifiai Tolvvv avTov ovS" iKeivcav dipe^eadai twv Xoymv, oTi, ravra irdvT avrai Sta ra? ela-Trpd^ei<; •yeyovev, a? virep vfiwv oXiyovf ela-irpd^at, (ji'^crei TToXka xpvfJ^ciT dvatBw^ ov ridevTa^. Koi Karrjyop'ij- crei Tovrmv, Trpdy/ia paStov, ol/juat, SiaTrpa^d/Mevo<;, [tcov fj,T] ridivTcov Tdi]a-ei "Kocrav aoeiav kaecrdai rod firj rtdevai ra? elacfiopd^, el 43 KaTa-y^^Lela-0' avrovK vfiel^ 8', co dpSpeei,v 44 trapa rov; vofiovf rj Trjv ela-(f)opdv firj riOevai. on Touvvv ovB' el (^avepwi; efieXKev dXovTo^ tovtov /trjSet? ei(7occreip firjS' edeXrjaeiv elcrTrpaTreiv, ovS' ovTto'i aTrcnjrrjipia-Teov, e/c ravSe yvooaeaOe. vfiiv irapd TcLif ei(7, ' (cir- cumstances) differing according to the use made of them.' Thu- cyd. VIII. 29. 2 Trapd irivrc vavi is however wrongly referred to this head, and translated 'for every five ships;' the meaning is within five ships, i.e. allow- ing pay for five ships over, 60 when there were really only 55. (Classen's acute handling of this di£Bcult passage is well worth study.) The archonship of Nausinicus falls B.C. 378—7 (the Athenian year beginning in July) at the breaking out of the war called in § 15 ' the last war with the La- cedaemonians.' The d(r M OTi, i.e. oil Xiyot Sn, /li] \iye (X^7eu') 6Tt. The phrase recurs § 53 extr., de F. L. p. 383 § 137 = 150. § 46. irepl TrpAfeus ela'ipopuv} 'the question is not about the exaction of property taxes,' for which he used elairpa^i^, ela- irpaTTew above. So in a avyy pa- ^i) or agreement ap. Demosth. Lacrit. p. 926 § 12 Ityra ^ irpa^is Toii Savel(Ta(rt 'it shall be lawful for the lenders tolevythe amount by execution:' Dionysodor. p. 1296 § 45 TTjv Si irpa^iv elvai Kal 50 KATA ANAPOTIONOS [§§46—48. dX\' el Bei Kvplovi elvai Tovis Koi ej &/i.(poiv, 'the bor- rowers shall be jointly and se- verally liable.' iirb ToO j'6/iou] The law 'de senatucorouaudo:' Funkhaenel, Benseler. vplis raOe'] 'in reply to this : ' 'when he urges these points,' E. W. §§ 47 — 78. Second main divi- sion of the speech. Androtion's assumed line of defence has now been disposed of, and the orator proceeds to an arraignment of his whole political career. Al- most the whole of these sections is repeated in the Timocrates : and they faU naturally into two subordinate divisions, (i) The . collection of arrears due to the state, for which he takes credit as a public benefactor, wasreally a display of brutaUty and dis- honesty worthy of the worst times of oligarchical oppression (§§ 47—68) ; (ii) and the rest of his acts are of a piece with it, especially his treatment of the sacred utensils. By melting down the golden crowns pre- sented to the state, and recasting them as paterae or cups, he not only obliterated inscriptions commemorative of the glories of Athens, and the gratitude of our allies, but opened the door to the grossest fraud and waste of the precious metal (§§ 69 — 78). §§ 47 — 50. J will prove him to have stopped short of nothing that is atrocious ; that by his slmmeless robberies and his over- bearing conduct he is anything but fit to be a statesvmn in a de- mocracy. Witness his treatment of Euctenion, whom he falsely accused of retaining balances due to you, got you to depose him from tJie office of collector to which he had been chosen by lot, and crept into his place — with what object you will soon see. § 47. rk TToXtreiJyxaTa — toi/tou] ' to examine the political conduct of this worthy fellow ' K. or ' hon- ourable man,'Ka\is niyadbs as in § 32. It has been remarked (on § 23) that cross-examination was little known at Athens : hence, probably, the free resort to the Sta^oX?^ TOV Trpo(r(i)Trou as the Scholiast calls it, or abuse of the other side. Cicero's in- vectives against Gabinius and Piso, the consuls who allowed him to be banished, are well- known examples of the Roman license in public speaking. Com- pared with ' cross-examination to character,' pushed to the lengths it has lately been in p. 607.] HAPANOMfiN. 51 Koi dpaavv koL icXeirrr^v Kal VTreprj^avov Kal iravra fjioXKov r) iv SrjfiOKpaTia iroKiTevea-dai eiriT'^Beiov bvT avTov Sei^coK koI irpSrov jxev, icf)' S fj,eyi,(TTOv (jipovet, rrjv rdov 'Xp'qjjba.Tcov eXairpa^tv i^eToamfiev avTov, firj rfi tovtov TTpo8eKa ypd^J/asJ ' putting in a clause that the Eleven should accompany him ' implied a coercion bill of a very stringent character : ' ut qui non solveret, statimin vinoula daretur,' Fuuk- haenel. Cf. Diet. Antiq. s. v. Hendeoa. §§ 51 — 55. From the case of Euotemon the orator passes to the general character of Au- drotion's exactions, expanding the brief statement in § 47 that his conduct was unworthy of a democratic statesman. On the contrary it recalls the days of the Thirty, the worst in Athenian history ; or rather A. surpassed them in brutality, and treated free citizens worse than slaves. 54 KATA ANAPOTiriNOS [§§50—53. ovSev el'xev eKeyxeiv irepi tovtcov, ifid^ S' elae- Trparrev, axnrep ov Sia rrjv ^vKTijfiovoii e')(6p.av eVt 51 TavT iXOcov, dWa Sea ttjv vfierepav. Koi yiw/Sei? VTraiXafi^avero) fie \eyeiv to? ov XPV^ elcnrpdrreiv Tov<; 6(f)ei\ovTai. XPV^ y^P- dWd ttw?; (09 o v6fio iB^Xer' Z Bekk. Bens. diXer' 2TS2rs. fl^Xoir' Blass. § 51. lis ov xfiV"] ' tl^at pay- § 52. d,(Te\yi(TTepos'\ In the ment ought not to have been ex- orators ao-e\y^s, originally per- aoted.' K. omits to mark the haps ' untamed ' (8i\ya), is ap- tense. The speaker is obliged plied to ' outrageous ' conduct in to argue that the habitual prac- general, either in the direction tioe of the sovereign people of (1) brutality, or (2) licentious- must be right in the main, how- ness, the usual meaning in later ever much one may criticise it Greek, as in the N. T. For (1) - in detail. we have Auct. iv. Phil. p. 131 Twc S,Wai> eti/eKo] ' for the good § 2 ^ /Miv ovv is be interested,' B. W. Beuseler ipuXiras iiakkyTiiiAva of the be- alone takes oKKwv as neuter, ' on haviour of Midiasin the theatre: all other accounts.' Cobet Msc. ib. p. 534 § 60 of others more CHt. p. 524 writes : ' Quid sit scrupulous than Midias oTras ns autem rfflv aXKuv SveKa neque loKvei ttjs AireXyelas raihris aird- inteUigo neque emendare pos- XEV'0*?''£"7'7>'i5|"ei'os. Hyperid. sum.' pro Euxen. col. 39, 7 ^iKoKpir-q Toaoirwv xfiV!^''''^''! '^^^ argu- rbv 'Ayvoiaiov, 6s BpaairraTa koX ment of § 45 is repeated: and &irekyi(TTaTaT^To\i.Telq.Kixp'nT''-i- Toffoiruv is ' such paltry sums,' For (2) ii. Olynth. p. 23 § 19 oOs tantula summa, G. H. Schaefer. ivBdde irdvTes diriiKavvov ijs iro\i) p. 609.] HAPANOMfiN. 55 aWa Trap fffilv ttotc Trmirore Seivorara iv rfj iroKei. yeyopev; itrl twi/ rpidicovTa, travTe'i av eiiroiTe. Tore Toivvv, w? ecrriv aKoveiv, ovSet? eariv ocrri'i aTrearepebTO tov (radrjvai, ocm^ eavrov oiKot Kpv- -^freiev, aXKa tovto KaTr)yopov/jbev rcSv rptaKovra, '6tu TOV? 6« T^? ayopdTrovs, fiLfiovs ye\oitav Kal iroiTjrd.s al~ (Txpuv ^/iAtoiv k. t. X. Contr. Phorm. p. 958 § 45 f^s ifreKyws (affre rods diravTWVTas aUrddvE' (rBai. The former is evidently the meaning here. irbn TTiiiroTe] Cobet corrects irire tu>v iriivore here and || Timoor. 163, comparing ib. § 16 vdfup rdv irdyjroTe iv vfuv reBivruv als sensu judiciali in- telligatur,' G. H. Schaefer : i. e. oKoii means simply ' caught,' not ' convicted.' This note of Schaefer's answers by antici- pation Cobet's proposal to strike out rh ffw^, fj &Wa i,axni"«'ol7i\ ' or com- mit other improprieties ' K. It is rather, ' or be otherwise hu- miliated,' seen in an undignified plight; not what he does, hut the unseemliness of his situa- tion. ■irryviaaTo] The distinction of ^yyvS,v and ^yyuatrtfat is brought out in Lex ap. De- mosth. II. Steph. p. 1134 § 18 ■Ijv &v iyyv^trij evt Smalois 5d- fiapra fXvai rj ttotj)/) f) dSe\^bs i/iOTrdrap compared with o. Eubul. p. 1311 § 41 ^yvarai 6 iraTTip TTjv tirjT^pa ttjv ifjL^v irapk Tov dSeXtpov aiir^s. oiS' iirip airov] If he were art/tos, as he deserves to be, his mouth would be shut : he would have no locus standi before the courts. § 54. SrjfAedeLV . . .dToypdipew'] ' sec[uestrating lands and houses, and scheduling them ' [' seques- tering ' K. somewhat oddly for a lawyer]. Diet. Antiq. s. v. Apo- graphe, and § 48 n. 6PpurTLK(liTepov ^ rots oWrais] ' Even more marked than this abandonment of arms was the strong feeling about Oppis, as they called it, about personal violence, which they would not allow even towards slaves... Hence any man, whether con- cerned [interested?] in the out- rage or not, was allowed to prosecute the offender.' Ma- haffy's Social Life in Greece, ed. 3, p. 390: where further illus- trations are given from Aeschin. Timarch. § 17, Isocr. c. Loohit. (Or. 20, passim), Demosth. c. p. 610.] HAPANOMftN. 57 55 (yai; kui firjv el ^eXotre" a-KeyfracrOai ri BovXov rj 6lO e\ev6epov elvai hia^epet,, tovto fiiyia-Tov av ev poire, OTi Tol<; fjtev Sou\ot9 to a^wixa twv dSiKrjfjuaTcov airav- T(ov virevOvvov eVrt, rot? S' iXevOepoii, k&v to. fie- yicTT aTvxwaiv^, tovto 7' evea-rt, aSa-at' eh ■y^prjfiaTa yap Trjv'^ SiKijv Trepl r&v irkeia-Tcov irapa tovtcop trpocrrjKei, Xa/n/SdveiP. 6 Se Tovvavriov eh to. a-oofiara, 56 aiairep dvBpaTr6Boi<;, eiroi'qcraTO^ Td<; Tt/jLa)pia<;. ovrco " e64\r}Te Z Bens. BiXere B. p fi^yiara riixucriK dSiKoui'Tes Bekk. Illud STSls. 1 tV om. Bens. , cicm SATfikrs. ■■ iTToieiTo Z Bekk. Bens, cum Sr. Nioostr. p. 1251 § 16, and the tract on the Athenian Polity (in Xenophon's works, 0. i. § 10). The statement of Demo- sthenes (Mid. p. 529 § 46) that a ii^peus ypa(firi protected the persons of slaves as well as of freemen, is probably to be un- derstood with limitation to the particular kind of if/Spis referred to by Aeschines I. c. Compare Diet. Antiq. s. v. Hybreos Gra- ph6. For the darker side of the treatment of slaves, see Prof. Mahaffy's work, p. 243. § 55. Khv TO, fiiyurra drvx^inv] A much better reading than fii- yiffTo. Tuxtaaw dStKouvres, but it should be written, with Ben- seler and Cobet, fjAyurr drv- xionv. The hiatus of o before a is intolerable. Like the eu- phemistic use of ' wanted ' and ' being in trouble ' by our police- men and others, drvxctv had special reference at Athens to &Tifda. A passage in Mid. p. 533 §§ 58—60 is interesting for the feeling it displays on this point. Demosthenes first apo- logises for naming men in public and alluding to their misfortunes : irapai.T'/icroimi d' iftas firiSh axS^opcus yeyo- vSres sunt ■/jn/iij/i.ii'oi ' [he should have said ^n/iw/i^Koi]. He then mentions the cases of Sannio a chorus trainer [outos ia-rpa- Teias ^'\w Kal k^xp^tcil avpAfiop^. TOVTOV /lera rTjV drux'"" ■''<"'■ TTiv...) and Aristides a member of a chorus who had once been its coryphaeus (^ruxifiSs n xal oStos TotovTov). It appears that the rival Choregi might legally have objected to the employ- ment of these men : and they were strongly tempted to do so, for, as Demosth. observes, if you deprive it of its leader the rest of the chorus is ruined {oixerat). But they refrained from pressing their objection, involving, as it would have done, the arrest of the defendants : partly, no doubt, from humanity, but chiefly, as Demosth. insists, from regard to the sacred character of the festival : they thus serve to point a moral against Midias, who was no choregus engaged in an expensive and jealous contest, but a private man. Compare 58 KATA ANAPOTinNOS [§§ 56, 57. S' ala'X^pm^^ koi •rfkeoveKTiKW's eV^e tt/oo? i5/ia? cKerre Toz; jjjev eavTov irarepa Sero Selv, hrjfioaia Seffivr eTTV ')(prjfia]plifi is added to SeBivTa) : on the other, that dragging men from their homes (oUoBiv) is worse than mere unlawful de- tention. Compare Quintilian's analysis (vni. 4, § 8) of the way in which Cicero heightens the effect in ii. Phil. 25 § 63 : Per se deforme, vel non in coetu, vomere : in coetu, etiam non populi : populi, etiam non Ro- mani : vel, si nullum negotium gereret : vel, si non publicum : vel, si non magister equitum. 4^0 Setv . . .&iroSpavai\ 'allow- ed to escape ' K. But the words need not imply that A.had either assisted or connived at the es- cape ; they may mean merely that the son of a man who had escaped from prison might be expected to show some feeling for prisoners. On (Ipero Seiv, cf. § 32 n. fi'/}T€ &,irod6vTa...fi-^Te Kpi.64i'Ta] There were two lawful modes of terminating his imprisonment : by paying the claim vrithout dis- puting it, or by standing his trial and obtaining an acquittal. Andron chose neither. The first extract from this passage in the Timoorates ends with this sen- tence; *XKeo-9oi is there expanded into 6.xSivTa i^^ eavroO SeSi- trBai,. irpoativexipaie] In Timocr. § 197 these oppress! veproceedings are further described; Androtion , and his associate Timocrates, distrain upon the fixtures, fur- p. 610.] HAPANOMON. 59 voaTparrrfv, avOpwirov; Tropva';, oil fiivroi*^ 6^€iXova-a<{ 57 eia^opdi;. Kalroi e'i riaiv apa* hoKOvaiv eVtTJySeiat eiceivai iradelv, aXka to irpa.'yfJLa y' ovk iiriTijSeiov yiyveaOai, TifKiKOVTO Tiva<; i^povelv hia Kaipov &(ne ^aSi^eiv iir oiKia<; koL a-icevr) ^epeiv /xTjSev 6eiX6v- ' fiivToi ye S Bekk. liivroi 7' Bens. *apa Bl. niture, and slaves of their vic- tims: /iTjS^Ka irc67roT' Ae^ffai, dXXa Bipai iipaipeTv koX arpii/xaB' ^iroffirav koX Slclkovov, ^ rts ixPV' TO, Tain/v ivex^P^t^^"- The usage of ivexvpci^eiv (the compound ■wpocrevex- occurs only here) ap- pears to vary between (1) the ace. of the person distrained upon, and (2) the aco. of the property seized. In the passage just cited from the Timocrates it is clearly the latter : •^ Si&kovos must be a female slave who is part of the property. So in Aeschin. Ctes. § 21 ivex^'P'^t^^ 6 vofiod^TT}? T&s oiaias tcls twv vTevBivuv, Sois Slv X670i' HiroSuxri T% irdXei. In Mid. p. 518 § 10 /li} i^eivac /i^re ivexvpiiffai fiifre Xa/i- pdveiv irepov iripov, and c. Everg. p. 1163 § 79 el 5' ^/iol ibpylaBriTe OTi ivexvpda'wv TJXdov iirl t^v ol- Kiav Tov Qeotp-finov, the construc- tion is (apparently) absolute : ' to take pledges,' not ' to take in pledge.' In the present pas- sage K. is unquestionably right in giving (1) as the meaning, ' he distrained upon Sinope and Phanostrata, women of the town certainly, but not owing any property-tax.' Had they been slaves, seized in payment of a state demand, the hardship (ac- cording to Athenian notions) would have been upon their master, not themselves. ixOpiinrovs Trbpvai\ The fem. Tl &v9pwToi, like the conventional English use of 'a person' for one who does not rank as a 'lady,' is applied to women of the lower classes generally, whe- ther bond or free. L. and S. remark that it is used ' con- temptuously, of female slaves.' In reality the expression implies pity quite as often as contempt, and as it is not noticed in the index to Demosthenes, it may be worth while to cite some pas- sages where it is certainly ap- plied (as here) to free persons. In Dem. de Pals. Leg. pp. 402—3 §§ 197—8 (=218, 220 E. S.)the victim of the outrage of which Demosth. (falsely it would seem) accuses Aeschines is called ij avSpuTos : yet she was a respect- able married woman, iXevS^pay Kal (Tilxl>pova % 196, the wife of Aristophanes of Olynthus, Aes- chin. de P. L. § 154. Again the liiromos whom Aristogiton cru- elly tried to sell as a slave, but who was proved to be free, is ^ &vepuiros I. Aristogit. p. 787 § 57. § 57. iraeeTvJ absolutely, ' fit to be harshly treated.' The aorist is used, as he is speaking of this particular case ; in the next sentence the application is general, and he says TrdirxEH'. ti;Xiko0t6 Tivas (ppoveiv did, Kai- pov] ' that persons should be so insolent upon opportunity of- fered : ' because of the opportu- nity which tempted them to vio- lence. (TKeijij (p^pav] would generally mean 'to carry baggage,' for 60 KATA ANAPOTinNOS [§§ 57—60. TOiv avOpwTTwv. iToWa yap dp Tt? tSot ttoWou? iiTiTrj^eiovt; ovras;^ Trda')(eiv ical ireirovdevai,. a\X' ov TavTa Xeyovo'iv ol vofioi ovSe to, t^? TroXiTela'i edt), a cf)vXaKTeov vfuv dW' eveariv e\eo?, a-vyyvrnfi/r}, 58 TTavS" '6cra irpoaTjKei toi<; ekevOepoit;. wv oiTOf airavTav elKorwi ov /iere^^et rfj (f>v(76i ovBe ttj irai- heia,' iroWa yap li^piarai koI irpoTreirrjXaKia-Tai (Tvvu>v ovK or^aTT&ffLV aviov^ dvOptd'jroi';, aXka Bowai 61 1 fiiaOov Svvafievoi<}' wv irpoarjKe aoi ttjv opyfjv ovk et? Twv irdKiTwv rov rvypvT d^iivai ovB' elr]pov JiaXXiKpdrrjv Koi rov TeXeerrov veaviaxov ovk e-xm jdp rovvofi ehrelv a-^eSov 8e ■irdvra<;, oii? eiaeirpa^ev, Xva /mtj KaO' eKaarov Xiryco, ovk otS' e'i riv' virep fivdv 6(j)ei- y e'l\Kme Bl. cum Ftv. Beourexffpiav'i The various against whose law Demosth. readings show that MS. 2) made his famous speech is un- has here almost alone escaped certain. In a naval inscription interpolation. It is proper to in Boeckh pp. 377 — 8, mention write Beots ixBpbt as two words, is made of this Leptines in con- ffeourexSpla as one, like KaXos nexion with his heir, who was K&ya6l)s hvit KoXoKayaBla: Cobet, among the trierarchs about e.g. Nov. Led. p. 394, Sandys on 345 — 342; AewHvov iK KoiXi/s Isocr. Paneg. § 79. The word 'Ovo/iaKXijf'EKoKTJBev. . being a rare one, -ej(8piav was fiiKp6v Tiirpbs] G. H. Schaefer confused with the adj. ix^pdv, compares for this phrase i. PhU. and alaxpoKipSeiav supplied to p. 47 § 28 ToKavra ivevr/Kovra koL make sense : cf. Timocr. § 195. luKpbv n vphs : and for rbv 1e\i- In Aristoph. Vesp. 418 Beoure- ctou ueavlffKov, Plat. Gorg. 418 E X^pfa;', variouslycorruptedinthe rbv HvpiXd/iirovs veavlav. The MSS., was first restored by Bent- amounts levied from CaUicrates ley, according to Dindorf; after son of Eupherus (orEuphemus) bim by Dobree Advers. i. 198. and 'the young son of Telestus' § 60. AeTTivrii> rbv Ik KoI\tiH are not mentioned. Whether this was the Leptines e? riva iiTip /ivav] Boeckh 62 KATA ANAPOTIftNOS [§§61—63. 6 1 XovTa. "TTOTep' ovv oleaOe tovtwv exaarov fiiaeiv Kai TToXefielv avr^ Bia ttjv elarcj^opav ravTrji/, rj tov 6i2 fiev avTwv, on iravrcov d/covovrmv vfiwv iv tw Stj/mo) SovXov e^r) koX e/c hovXav elvai koX Trpocrijiceiv avTw TO e/CTOv fiipo<; el(7epei,v fiera rwv fieToiKOJV, T(p 8e^ TraiSa? e« Tr6pv7)<; eivai, tov Be tov irwrkp riTaiprj- icevat, TOV 8e ttjv p/qTepa ireTTopvevadai, tov Be diro- opit, was of the nature of a graduated property (not income) tax; the division into classes and corresponding rates of tax- ation have been made out with great probability by Boeokh P. E. p. 519 : his corrected views are given in Diet. Antiq. s. v. Eisphora, p. 713 a. I have there suggested that the niroiKOL ' may have paid the same quotas as the citizens, with a n-pofrxard- pXri/ia or additional charge of one-sixth.' ^f dpxv^] The older critics and translators understood this of the plunder of 'office:' G. H. Schaefer first saw that it simply meant ' from the begin- ning' of his career, and has been universally followed. t6v Sk t6 Seiva] ' another he said this and that about ; ano- ther he abused by wholesale; and so on with aU. ' K. Compare de Cor. p. 268 § 122 jSofs ^i)t4 Kai apprjTa dvofid^otv, i^ffirep i^ a/id^s, Mid. p. 540 § 79 tt)v firj- T^pa Kdfi^ Kal irdvTas ij^ids prjTd Kal appTjra Kaxd ^^etTro^. On certain abusive terms expressly denounced as 'actionable,' see Diet. Antiq. s.v. Aporrheta. § 62. els ovs iTapcfiVTjffevI ' a- gainst whom he so intemperate- ly conducted himself,' K., pre- serving the metaphor. Demosth. says below tjj 6pos) paid by the allies, twv ideXija-dvTtav elff- cveyKelv means simply those who are not in arrear, opposed to AXeXoHrires. § 66. TToKKwv ^v (TTpaTrjySiv . . . TToXXuK Si ^i/Tipuj/] The most conspicuous example of an ora- tor so prosecuted during the 30 years ending b. c. 355 is that of Callistratus, whose execution had taken place the year before, 356. He had been capitally condemned in 361 for his share in the loss of Oropus (366) : had gone into exile, but had ventured to return. The prosecutions of Timotheus (acquitted 373, con- victed and went into exile 358) and of Iphiorates (acquitted 358, but not afterwards employed) had deprived Athens of her best generals: at the close of the Social War (356 — 5) the com- mand was entrusted to the brave but incapable and profligate Chares. In commenting on one of these transactions Grote is rather too indulgent to 'the terrible difficulties which the Grecian generals now experience in procuring money fromAthens (or from other cities in whose service they are acting) for pay- ment of their troops ... and which win be found yet more painfully felt as we advance forward in the history' (oh. 77, vii. 132). The truth is more plainly stated by a writer in Diet. Biogr. s. v. Chares, who speaks of ' the miserable system then prevail- ing, when the citizens of Athens would neither fight their own battles nor pay the men who fought them, and her command- ers had to support their mer- cenaries as best they could.' It is, in fact, 'making war pay for p. 614.] HAPANOMXIN. 67 KeKpivrai, c3v oi fiev redvacnv e' o?? ■^hiKOVv, ol B' V7rox(i>pijaavTei^ (fyevyovcrtv, ovhevo^trwiroTe e^TjTdcrOrj'i Karrj'Yopo'i, ovS' ayavaxrwv w(j)6r]v virep av r) TroXf? 614 iracr')(ei, oi/to)? wv 6paa-v<; koX Xiyeiv B6iv6<;, a\X 67 ivravO' icf>av7]^ KrjBe/jucov aiv^, ov 4\ifi,ov Kal Xua-treXoCx Kal xep- 8aX^oy contrasted with TO Se taxtai Kal dovv yl/eydfievop. lb. 421 c t6 lov Kal rb piov Kal to dovv. In Protag. 321 B the restoration of i/iroSiov for vtto toSwv has greatly improved the sense of the pas- KaTOfpaltje dv ^uye] *Tes, I should say it was, when your father went dancing off with his fetters [rather, as E. W., ' fetters and all'] at the procession of the Dionysia,' K. who adds in a note (&om the scholiast TJl- pian) that 'at this time the prisoners were let out of gaol to enjoy themselves, and that An- drotion's father availed himself of the privilege to escape.' In- stead of irrodpds, i^opxv<''<'.l'.^os is humorously substituted, in allusion to the dancing at the festival (G. H. Schaefer). • p. 615.] nAPANOMflN. 69 fievoiX\a.] For Audrotion to be able to allege this, however ab- surdly, some at least of the crowns could not have been of soUd gold, but of some kind of 'gold leaf.' p. 615.] nAPANOMflN. 71 Kai aairpovi etvai Bia top xpovov, wcrirep leov r] poBcov ovraij, aXX ov j^^pvo'iov, (Tvyxotveveiv eireicrev. koLt eiri fiev rat? eicrtpopai^ tov Srifiocriov irapelvai, irpoae- rypayjrev &5? Srj^ St/cato? oiv, wv eKacrTo<; dpTiypa^eiiv efjieWev eareaOai tcov elo'eveyKovTcov ' evrt TOi? aredxi- voi<; B', ov^ KaT6K0inev, ov%t irpocn/jyaye ravro BIkuiov TOVTO, aXX' avTO'i pijrcop'^, ^^pvcro^oot, rafiia<;, dvn- 7 1 ypa^ev<; yeyovev. koI jirjv el p,ev aTravr ri^Lovopai<; o St- Kaiov ead' 6pi<7a<;, jirj e{is to check his accounts. " 6 pi/jTup Bens, cum S. Here Androtiou carries a decree that the crowns shall be melted, superintends the process him- self, sends in what accounts he pleases to the state, and allows no one else to check them. I cannot think, with Benseler, that ra/das because it stands alone can only mean the State-trea- surer or ' Chancellor of the Ex- chequer' (§ 35 n.). Androtion must have been a, ra/das r^s BeoS : these were responsible for the safe keeping of the treasures, but had no discretionary power of dealing with them (Timocr. § 136 n.). The humour of the passage lies in his usurping all these functions, not of course without some formal authority, but by procuring hasty votes of the people which, when seen in their true light, laid him open to a ypa^ irapavd/xtov. Cf. § 76 fin. 7rd\u> ypAxf/HS KaTax''eiei,v. § 71. |ii7) irpoirypa-ij/dnevos... 72 KATA ANAPOTinNOS [§§71—74. rjvirep 7re/3t° twv €la-opmv alpei] Not 'you appear' but B.C. 376, alluded to §15 a'bove. ' are found not to have intro- § 73. o lrj\ov — xal ^CKoTifUav} duced the same safeguards.' 'which brought you so much § 21 n. admiration and honour.' I do § 72. x""'"''''''] From the not think that 'emulation' (E.) resemblance of shape to the is here intended. Demosth. measure so called, the name says of his own crown, de Cor. Xo/viices was applied to rings or p. 267 § 120, oiVu a-Kuiis eZ xal shackles for the legs, as in drala-BriTos, A.l(Txlvri, war oi Aristoph, Plut. 276 al kv^/jmi 54 dOvaaat Xoyia-aadai otl ti^ fi^v (Tov poQaiv I 'Ioi> loi, rds xo'i'ifcs ffTe^avov/iivifiTovaiTivfx^i-tV^ov Kal Tcls T^Sas TrodoOirai, and in 6 o'T^tpavos, oirov dv dfappTjd^, tov the scurrilous passage about the Si twv aTeavoit'Tuiv eVe/ca avii- parents of Aesohines, de Cor. p. tpifrnvros if t^ Bedrpif yiyverai. 270 § 129 xo'"'"" s Traxctas (x'"" ''^ K-^pvyfia ; where the glory of -Kal liiXoK. Hence xoi^^kIScs here the recipient and the emulation and II Timoor.aretheringswhich his rewards kindle are clearly served as stands for the crowns. contrasted, and f^Xos is applied K611UV dwi TTJs pav/iaxlas] The to the former. For tpiXon/da battle of Cnidus, B.C. 394. nearly = ti/it), below §§ 74, 75, II Timoor. adds Xa/3p/os diri t^s Timocr. § 91 TroXXis ^iXon/ilas iv No|if( vaviiaxias, the battle in irepiaipeiTai ttjs TriXews. p. 616.] HAPANOMON. 73 (ra6^ vjuv •ir6pvoar aireipoKoXo's tt/so? eBo^ev^ elvai, ovTOi Tovvvv dveXcov rd Tfj<; Sof?;? KTrj/iara, rd tov 76 ttXovtov TreTTolrjTai fMKpd Koi ov)^ vfimv a^ia, xal ovo BKelv etSev, ort 7rpbv 'EXX»;i/«ai' Trore (tj^wv diravS' inrep WV KTrjfJiaT "^ V. not. y irciTTore om. Z Eekk. Bens. Blass, cum SFTOatv. Cups and censers, if exceed- ingly numerous, cover their pos- sessor with a certain showy varnish of wealth ('wohl ihre Besitzer mit einem gewissen glauzenden Firniss von Wohl- hahenheit umgeben, ' Benseler) : but whether more or fewer, they are but small matters, and the man who prides himself upon them is airetpSKaXos. Andro- tion, therefore, has shown 'tasteless vulgarity' in melting down the wreaths, with their glorious associations, and turn- ing them into vessels which are OEJy so much bullion. too-oCt' dTT^x"] Bather roff- ovTov dir^x^i, § 2 M. irpbs ISoIck] Dindorf alone prints this as two words : but if with the MSS. we write irpoai- So^ev, the preposition must still be taken separately. Other si- milar instances are Pantaen. p. 981 § 49 irpoaart/iioffat (where see Sandys) : Boeot. de Nom. p. 1001 § 23 irpoanuretv : Callicl. p. 1280 § 29 irpoaffvKotpavToS- (TLv. I own that I prefer Din- dorf's way of writing all these passages divisim. [Blass gives vpbs ?5o|' ehai., though there is no concourse of short syllables to be avoided.] § 76. TCK/iilipiov S4] This sen- tence, down to i^iv6veiv. ov yap ainov<; Bexa- revovTei, ovS' a Karapdaaivr av ol e')(6poX Troiovvre'i, Bi'TrX.as 7rpdrTovre<; to? elaopd<;, ravr dvedeaav, ovB' oioiairep^ av yjpwfievob avfi^ovXoL<; iiroXiyTevovTOjdWa Toil? e-xjdpov; icparovvTe^, Kal a Tra? Tt? dv ev (ppovwv eii^aiTO, rrjv iroXiv et? ofiovoiav ayovTe<;, dOdvarov /cXeo? avToov XeKoiiracn, tov<; iiriTi]Bev(ravTaiopciis, d/i0i and tp4petr). For the sense of ayeiv compare Timocr. § 129 Tov &KaiiKii)v To» MapSovlov, is ^ye TptaKociovs SapeiKoOs : c. Ti- moth. p. 1193 g 32 ireWei ai- Tov 6 Trai^p 6 ifws Tifi^y a.To\a- ^eLv TWV ^laXQv, 6ffov rj^ov al % 77. SeKoreiioxTes] Used quite generally for any excessive taxation ; the double elatpopA, below does not necessarily refer to deKarevovTes. Cf. Diet. Antiq, s.v. Decumae, i. 603 b ; Glass. Eev. i. 150. oiouTTrep ffi>] § 64 n. T^v TrdXiv els ofibvoiixv ayoPTSs] Whereas the tendency of A.'s proceedings was to excite dis- content and opposition. T^F dyopas stpyovres] The Atimia, denounced against such immorality as Androtion was accused of, disqualified from speaking in the public assem- blies. There is no reference to buying and selling in the mar- ket-place : no aquae et ignis in- terdictio. Cf. Timocr. §§ 60, 103. p. 618.] HAPANOMfiN. 77 avSpef 'Adrfvmoi, ■7rporj')(d' evr]6eia -wv Bens. Blass cum libris. § 78. eir)$elas xal ^fSvuias] Stumpfsinn und Sorglosigkeit, ' stupidity and carelessness.' This bit of plain speaking was, it will be remembered, to be uttered by Diodorus, not by the young author of the speech. irofiiretuv ^Trt tr/ceuao'T^s] § 69 n. ' AvBpoTLOjf, (3 yij Kal deoi] For the stinging repetition (Bpana- diplosis, Blass p. 153) of the man's name, oomp. Aristocr. p. 690 § 210 Kal ^aplSijfwv ei Xp^ (ppovpeiv jSouXejJerat ; 'X.apl- Stiiiov ; otiioi. ' Often quoted,' says Prof. Mahaffy Gr. Lit. ii. 347 n. Kal tovt' iir^^Tifia iXaTTOv tIvos iiyeurBe ;] Sic resolvendum : touto tIvos dffe/3i}/AaTos iXaTTOv A7j '\lrr]A,vrj(rav ^x''''''^'] Liba- constitutional rules; (3) impo- nius probably means, as a clas- litic. sieal writer would have meant, SecondArgument. Tbiswriter's ' were proved not to have ' the Greek, and his judgment also, money, not 'did not appear.' are greatly inferior to that of Androt. § 21 n. But in the best Libanius. Greek we should not find ttok iypdipri \piii.(TiM\ As if the XP'ni'-o- for TtivTa, 'everything.' decree had been made for the Trapa toi>s vSfMivs . . .iirevavTiov occasion, and the destruction of . . . &opov1 So in the Andro- the enemy's commerce were not tion, A.'s motion to crown the a regular incident of naval war- senate is attacked on the same fare ! The use of tSv KkmGir three grounds as (1) illegal, lia- for 'the captures' shows a want ble to a 7pa0i7 irapavd/iuv ; (2) a of command of the language, violent subversion of established av\a'ir\ol6v, (u? dSiKOvvra TaopTi.a)v cat Trj Brj/J.oo'iq) Kal rm Bi- TrXaaicp. (TiraviOT'qTO'i Be '^^pij/j.dTav KaTaeiX6vraiv rf} iroXet koI aTTOTreipioiMevcov BiaXaOelv, Kal tovtov; /j,T]vveiv. ifirj- vvaev ^VKTij/Moov 6 ttjOo? ' AvBporieova /xiKpm irpoa-Oev vessels should be lawful prizes, yond.' The Scholiast mentions and the proceeds of the captures Cos and Ehodes, and (less accu- after valuation become the pro- rately) Chios, perty of the State.' E.W. The ti? SurXoo-Jv] G. H. Schaefer form ffOXoi ' right of seizure, re- suggested toO 5iir\aalov. So be- prisals,' is to be distinguished low 1. 20 Bekker points out that from avKa, prizes or captured u^eiXov ought to be wtjAov, and property. It occurs c. Laorit. p. 697. 18 dXV ovv ye rod /jA) p. 927 § 13, p. 931 § 26. ought to be dW oCc tov ye /ii). Tos iripav cTJirous] ' opposite ' But it seems hardly worth while or ' adjacent' islands, not 'be- to correct this writer's Greek. ARGUMENT.] KATA TIMOKPATOT2. 81 ar/cavurdfievo'i, vvvX Se Trpoi Tifio/cpdTijv, e^etv 'Apj^e- fiiov KoX AvaidelSrjv iic TrjevyQ}V fiev ttjv ex rov •7rpo6pov. ^AvhpoTiajv he Kal TXavKeT7]<; ical MeXai/iuTro?, crvvievTe^ hi av- Toiif yeyevTJffOai ttjv ypaepofievov eh Te'xy'^v Kal i^ovaiav, Sairep iv dvTiX'^ei,. iicet [lev etfi rot? eK^e^TjKoatv fj icpiaL'i, iv Se T^ IT pay liar iKy iirX p,iWovai. xal Set yeypd- dai, TO (yqTOV iv vofioi^ Kot iv ■>Jrr}aKaia Teaaapa, ev fiev TO v6p,ifiov, o Bi'ppTjTat Sij(rj, eh re to Trpoaanrov koX £19 TO Trpayfia, TOVTeaTiv el<; avTov tov vofiov, ottco? ivavTioi iaTt tok vo/iok, 8evTepov to hiKaiov, TpiTov TO avfitfiipov, 2x4 eVifjJ/ito?, TeTupTov to SvvaTov, oti Kal dSwaTOV! eTTtraTTei irpd^eK. ij Kpivop.evq ovv virodeah iaTiv axiTr) rj iv toi? Ked\ai.ov] The bled together. In the Crown, most sensible remark which this on the contrary, the question 6—2 84 KATA TIMOKPATOT2. [§§ 1, 2, etp'yaepov Koi to Sv- vaTov aWrjkoL'i o-vfJ-TrXeKeTai. koX to fiev avfJLepov iv Toiirot? ecTTl to Trporiyovfievov, KaTaaKevd^eTai Be Sid T6 TOV BtKOLOV Kol TOV uBIkOV KOI TOV dBwUTOV' •jrdv yap aBiicov Koi dcrv/i^opov. Tip B' avTw Kai, nrepv TOV dBvvaTov ySiaferat ■x^prjaffai X079J ' yap dBvvaTov ^r)cri, TOVTO 8?) Kal dcrvfj,(j)opov. Koi eTreiBr] Tifio- KpdTT]^ ttoXik; i(7T0 Trj