DF ■^ ^ o , k'* A . ■^ ' / „ . s "^ \0 <- ^0 ^4, a\ . O ^i <■ « -^-^■^ ■f^ x^^^. A^ o>- ^> ^^ '% V x^^^-. .\^ '^iv. ^ S %> '^^ \' '^ •^o^ v^^" t ^'f' "•n^,"' ■"^Q^ . * . N ^ ^0 . « %. * » ' •Or. C. ' *■ JH\ K» /n. -, ^,f> .JyV ^-. .,^^ ...^^^ * 8 I T ' .'-^^ O- '- '. ,^^ ^^\..yr^^''^ -e. >0^ c--^^" ^.^' Qlil^ Itittt^rstly of QHytragn SYCOPHANCY IN ATHENS A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF ARTS AND LITERATURE IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF GREEK BY JOHN OSCAR LOFBERG Private Edition, Distributed By THE UNIVERSITY OF CHICAGO LIBRARIES CHICAGO, ILLINOIS 1917 tEtije Collcgfate Preso George Banta Publishing Cohpa.v Menasha, Wisconsin PREFACE The investigation of this subject was suggested to me by Professor Robert J. Bonner, of the University of Chicago, while I was attending his course in the Private Orations of Demosthenes. To his advice and invaluable criticism the work owes the larger part of such value as it has. J. O. L. The University of Texas TABLE OF CONTENTS Page ] Introduction vii j CHAPTER I I The Development of Sycophancy 1 i Origin — Growth — Relation to Democracy and the Popular Courts — Prevalence. CHAPTER II : The Activities AND Methods OF Sycophants 26 ! As Litigant — As Blackmailer — As an Agent — Clubs and Com- ' binations of Sycophants — Sychophants and the Allies. \ CHAPTER III j Typical Athenian Sycophants 73 | Agoratus — Callimachus — Aristogiton — Theocrines. j CHAPTER IV 1 Checks on Sycophancy 86 1 Indirect — Fines and partial atimia — kirco^eXia — Paragraphe. i Direct — ypa(pfi avKo^pavrias — ei(Tayy\la — wpo^oKr] — Methods i employed by the Thirty. i Inefficiency of all checks. ! INTRODUCTORY The etymological meaning of Tis o.napTit.vQ. cf. Aesch. 1; 1. fiorjdrjvat . . . rots voiiois k.t.X. and Plato Laws 730 D jutjS' kirt-Tpkivuv Tols aSLKovaip dLSiKeiu quoted above. *' This recalls the words of the orator Lycurgus when he refers to the accuser as the most important of the three things that save the state, (c. Leoc. 4). '^ The identification of the sycophant with 6 l3ovX6i.i,evos shows us the efifect of the T<3 ^ovKop-kvi^ of Solon's legislation. '" Once more the pun on irpaynaTa. 4 SYCOPHANCY IN ATHENS for comparing the two t)^es of prosecutors is found in the speech of Antiphon On the Choir Boy. Such speeches are of course ex parte and represent the situation in the light most favorable to the speaker. The real facts of the case may therefore be distorted. But the value of the speeches for the present purpose is not impaired for this rea- son. For it is of little interest, after all, whether an individual spea- ker misrepresents the situation or not. On the contrary his state- ments are in fact very illuminating. It would be unthinkable that he ascribed to himself, or accused others of, motives that were un- heard of by the Athenians. In fact, it would be to his interest to represent himself as acting in a natural way, and to accuse his opponent of something reasonably common in Athens. A review of the case will show the difference between the conscientious prosecutor and the sycophant. The speaker is a wealthy Athenian who had brought an eisangelia before the Boule against certain officials for theft of public funds. The senate had accepted the eisangelia and handed the case over to the court of the Thesmothetae for trial. After he had brought the eisangelia, and just as he was preparing to prosecute the officials in the court, he was elected to the office of Choregus. Since he was anxious to prosecute the case, he procured some efficient men to take care of the chorus he had collected, and turned the training over to them. Before the trial of the officials, Diodotus, one of the boys in the chorus, died. It was said that his death was due to a draught that had been given him for his voice. ^^ The relatives of the boy did not at first take any action against the choregus or any of his assis- tants. In fact, for two days after the boy's death they talked with him and treated him in such a way that it was evident that they did not hold him responsible.^^ But on the third day, the day on which the boy was buried, this attitude suddenly changed. This was the day preceding the one set for the trial of the first of the eisangelia cases in which the choregus was the prosecutor. On this day Philo- crates, the brother of the dead boy, appeared in the court of the Thesmothetae and announced that the choregus had forced the boy to drink the drug and was responsible for the death.^^ This same court was to sit the next day on the first of the cases.^* Philocrates "Ant. 6. 12-16. ^Ubid. 34. ^Uhid. 21; 34; 37. ^^Ibid. 21-23. The jurors sat in the same court day after day at this date. Cf. Lipsius Das AUische Recht (A.R.) 137-138. SYCOPHANCY IN ATHENS 5 had been bribed by the accused officials to make this announcement and to start the prosecution of the choregus.^^ The latter was the only one fully acquainted with their pilfering and if they could get him out of the way so that he could not appear and accuse them, they hoped to go free.^® This accusation made by Philocrates before the court that was to try the cases, right on the eve of the trial, was calculated to prejudice the jurors.^^ Furthermore, if the Basileus would enter the case for trial the choregus would certainly be pro- hibited from public places and would be unable to appear against them. It is clear that the evidence against them was so strong that they had no hopes of acquittal if the prosecutor appeared.^^ As soon as Philocrates had made this accusation in the court of the Thesmothetae, the choregus arose and denounced him because he had taken this informal and illegal way of accusing him before the jurors. He made it clear to the court why it was that Philocrates had done this, and at whose instigation. Then he turned to Philo- crates and challenged him to examine any of those who were acquainted with the facts of the death, slave and free. The chal- lenge was not accepted.^^ After his sensational appearance in the court room Philocrates went to the Basileus to get the case entered on the calendar.'^^ But the term of office of the Basileus was so nearly over that he was prevented by law from entering the case.^° No proclamation pro- hibiting the choregus from the public places was made. The explana- tion that he had offered of the reasons for the denunciation that Philo- crates had made probably satisfied the jurors, for the choregus carried the cases of the officials into court as he had planned; and although Philocrates assisted the defendants and made much of the. death of the choir boy, they were convicted and fined.^^ After this the relatives of the dead boy did not, as one might expect, bring the matter of his death before the new Basileus who would have no technical reasons for refusing the case, but they let the matter drop. They were very anxious to be reconciled to the »Ibid. 21; 34-36. ^Ibid. 21; 36. " 36-37. « 21. »»38. "'38; 42. *' That Philocrates and others assisted the officials is clear from the language. "koI oCroi S}v tvtKa k\&tifiavov xpi^M<»^a oiSiv airois olol re ^aau ixpeXfjcrat,." (38) 6 SYCOPHANCY IN ATHENS choregus and let by-gones be by-gones. At the requests of friends he accepted their offers of reconciliation. For nearly five months these apparently friendly relations existed between the choregus and the relatives of the dead boy. Philocrates himself was especially anxious to show his good will toward him.^^ Then without any warning the relatives, headed by Philocrates, again accused the choregus of the death of the boy. This time the new Basileus entered the case and the choregus was proclaimed as polluted and was pro- hibited from coming into public places.^' He was then brought to trial and the present speech was delivered.^* This second accusation, as well as the first was "trumped up." Philocrates and those who assisted him were professional accusers or sycophants.^^ He was not concerned in the prosecution of the one responsible for his brother's death.^^ When someone was ready to pay him to accuse he accused; when there was no one ready with the money he tried to be on friendly terms with the man whom he now accused.^^ This time he had received a "retainer fee" of thirty minae from a second set of ofl&cials that the choregus had begun to prose- cute.^* To account for the failure of his first effort at prosecuting him, Philocrates had stated that the former Basileus was partial to the choregus. The latter shows that this could not be the true explanation: the Basileus had had good reasons for refusing to accept the case; if Philocrates had felt that he had any chance of proving anything against the Basileus he would have appeared at the euthynae and accused him, or in fact merely threatened him with accusation, for his regular business was to levy blackmail upon officials on such occasions.^^ Both of these men are active citizens. Each one seems to have devoted his efforts to attacks on officials. But if we accept the version of the choregus, as indeed we must, the difference between the two is vast. It lies in their motives. The choregus is a type of the ideal citizen. He performed his choregic liturgy to the best of his '2 38-39. 8» 42, 49. " 16. For theories on the form of accusation see Lipsius A. R. 125. Cf. Jebb, Atl. Or. Vol. I, 62. « 43, 48. »' 44-45. "48. »49. •» 43. ?. '' And. I, 4. '* Lys. 16, 12; Ar. Wasps 282-83. 14 SYCOPHANCY IN ATHENS tors,^^ or the witnesses^® they furnished, as partisans of the demus and belonging to to vnhepop irXrjdos. It was equally natural to picture the opponents as hating democracy,^^ oligarchic in tastes and senti- ments,^^ or even to compare them with tyrants.^^ Since opposition to democracy was synonymous with opposition to the popular courts, it is easy to see what effect such insinuations had on the temper of the jurors.'*" Flattery and complimentary remarks about the jurors were exceedingly customary. They were reminded of the glory of the men from whom they are descended ;^^ called "guardians of the laws and the constitution;"^^ they "know how to curb even the most clever men";^3 "such powerful men it is an advantage to have as assistants and friends";^ "their fairness and justice" are admirable.*^ When mistakes of the jurors must be mentioned they were explained, most often, as resulting from "deception."^® Appeals to the prejudice and passion of the jurors were common. Defendants are said to put themselves above the laws of the state ;*^ to be trying to rescind what a dicastery once decided;*^ to be insulting the ecclesia and the courts.^^ Or the jurors are warned that their powers are in danger;^" that they have a villain at their mercy ;^^ that god has endeavored to give them "a chance at" the wrong- « And. I, 106. '« Dem. 21, 96; Plato Apol. 21 A. " Ar. Wasps 474-5. Lys. 25, 7. '8 Dem. 24, 57, 76, 78, 87, 90, 154, 164. 39 Cf. At. Wasps 488 ff. And. I, 101. "Ar. Wasps All S.; A7^. "Lye. c. Leoc. 127, cf. 119, 110. « Dem. 24, 2, 37; 21, 92, 224-25. « Dem. 39, 14; Hyp. Ill, 23; Ar. Wasps 258. "Dem. 45, 85; Ant. I, 22. « And. I, 9, 91; Dem. 32, 21-23; Hyp. IV, 33 ff., 36, 38. «Dem. 21, 160; 20, 98; 22, 46; (40, 55); Fla.to Laws 938 B; Lye. c. Leoc. 79, 139; Ar. Knights 1345; Aesch. I, 93, 117; Dem. 22, 96-97; Cf. Ar. Wasps 900 ff., where Philocleon says of the dog that is to be tried " i^aTrariiaew /x' oUrai." " Dem. 35, 54. « Ibid. 24, 73. "Ibid. 21, 193, 197 ff. »» Ibid. 24, 2. " Lye. c. Leoc. 91. Dem. 24. 205. SYCOPHANCY IN ATHENS ' 15 doer;^2 that they have been wronged and now have an opportunity for vengeance.^' The ordinary SiKaaral whose main source of income^* was the Tpuj}^6\ou could not fail to be aroused by appeals that touched their prejudice against rich men.^^ Litigants therefore found it to their interest to represent their opponents as wealthy and themselves as suffering from poverty or at least in moderate circumstances.^^ When men who were undoubtedly wealthy were on trial the plaintiffs often argued that conviction was the jurors' advantage. One man com- plains of the disadvantage under which he labors in being compelled to defend himself at a time when state funds are low.^^ Direct requests for pity were so common that the failure to beg for the jurors' compassion was regarded as a sign of antagonism towards the popular courts and their methods.^^ Defendants even wept before the court.^^ Hardened criminals were said to be able to shed tears in court when occasion demanded.^" Introduction of women and children to move the jurors to pity by their pleas and tears was common.^^ Even the advocates were expected to plead for com- passion toward their " clients. "^^ One is not justified in concluding that this situation rendered all trials unfair or all decisions unjust. But these irrelevant matters made it extremely difl&cult for the average juror to base his verdict on the real issue as his oath required him to do. In the words of the Xenophontic Socrates "Do you not see that the Athenian dicasteries frequently become enraged and put innocent men to death and frequently acquit those guilty of wrong, moved to pity by their pleas «2 Dem. 56, 47; Lye. c. Leoc. 134. " Dem. 24, 90; 20, 34; 21, 7-8, 66, 209 ff.; 23, 100; 35, 56. "Isoc. 8.130, cf. 7.54. «Isoc. 15, 160. 6« Lye. c. Leoc. 150; Dem. 36, 58; 45, 66 ff.; Hyp. Ill, 32, 35; Dem. 21, 209; 27, 53; Dem. 20, 24; Ar. Knights 1360, Wasps 287 ff.; 627-28. "Lys. 19, 11. Cf. Ibid. 28,3. «8 Plato Apol. 34 C-E. ** For instances in which the speakers begged for pity vid. Lye. c. Leoc. 150; And. 2, 6-7; Ar. Wasps 556, 564, 967-977; Dem. 21, 213; 38, 19-21; 27, 68. '"Dem. 39, 35; 38, 27. "Even rascals like Pantaenetus will weep and lament" (Dem. 37, 48.). " Dem. 21, 99, 186; 25, 83-84; Plato Laws 949 A; Ar. Wasps 568 ff.; cf. Plato Apology supra. Aristophanes ridicules this habit very effectively in the Wasps (976) by representing the whelps of the dog that is on trial whining and begging for his life. «2 Dem. 21, 83; Lye. c. Leoc. 135; Dem. 36, 57; Dem. 37.48. 16 SYCOPHANCY IN ATHENS or by their eloquent speeches? "^^ And in the Platonic Apology Socrates assures the jurors that not Meletus or Anytus will convict him if he is convicted, but the envy and slander of the many. That which has convicted many other good men will not fail to convict many others. There is no danger that it will stop in his case.^* Criticisms of the courts by contemporary writers were not unu- sual. Plato advocates that the popular courts be given jurisdiction over matters of very slight importance.''^ He suggests a remedy for the evils of the Athenian system by proposing the organization of a "supreme court" the members of which should be subject to dokima- sia and liable for trial if accusation of unjust decision is brought against them.^® This might have been an effective remedy. As it was the jurors were sovereigns and subject to no dokimasia or eu- thynae as magistrates were. Isocrates in the Antidosis quotes at length the opinion of a pessi- mistic friend who had tried to dissuade him from a recital of his good deeds before the jurors. "Some of them are so savage because of their envy and poverty, and are so peevishly disposed that they object not to villany but to a good career, and hate not only the most moderate citizens but the best pursuits. This is bad enough. But they even join the side of wrong-doers who are on trial and pardon them while they put to death those whom they envy, if they can."" This is no doubt overdrawn, but the whole Antidosis is full of criti- cisms that are less exaggerated. The undue appeals to the passions that are made in the courts are criticised by Aristotle. "For it is not right that an orator should bias the judge by winning him on to anger or pity or jealousy; since that is as absurd as it would be to make a ruler, that one expected to use, crooked."®^ The writer of the Xenophontic Politeia characterizes the Atheni- ans in the courts as "concerned in what is just no more than in what is advantageous to them."^^ Even the orators give expression to direct criticisms, especially on the use of irrelevant matter. The popular courts are compared "Xen. Apology 4. " 28 A. •' Laws 876 AB. «« Ibid. 767 C-E. " 15, 142. «' Rhet. 1. " I, 14. SYCOPHANCY IN ATHENS 17 with the Areopagus where even laughter is not permitted and where the chances of wandering from the main subject were comparatively slight.'^" "Neither should a man's good deeds save him from con- demnation if guilty, nor his evil deeds apart from the charge against him condemn him if innocent. "^^ The plays of Aristophanes''^ teem with criticisms, more or less exaggerated, of the courts. One play, the Wasps, is entirely devoted to a satire of the judicial system. The jurors are represented as wasps ready to fasten their stings of condemnation in the defendants. Litigants are careful not to irritate the wasp nest.''^ stinging is part of their business. ^^ The carefree, irresponsible attitude of the jurors and the whole nature of the court is well caricatured, if not described in Philocleon's eulogy on the jurors' "Happy Life."''^ " Then when I have entered the court room, after being entreated and having my anger wiped away, I perform none of all these things that I promised; but I listen to them uttering all their eloquence for an acquittal. Come let me see; what piece of flattery is it not pos- sible for a dicast to hear there? Some lament their poverty, and add ills to their real ones until by grieving they make theirs equal to mine; others tell us stories from the myths, others some joke from Aesop; others again play some funny pranks that I may laugh and lay aside my wrath. . . And if Oeagrus''^ enters court as a defen- dant he does not get oflF until he recites us a passage from the Niobe, the most beautiful that he can find. And if a flute-player gains his suit, as our fee for this he plays a finale for us dicasts, as we leave the court, with his mouth-piece on. . . Do I not hold a great empire and one in no way inferior to that of Zeus, I who have the same title as Zeus? At any rate if we jurors make an uproar" each of the passers-by says 'Lord Zeus, how the court thunders!' " Before these popular courts the sycophant had a distinct advan- tage over his victim. Mere accusation against a man was enough to prejudice the jurors, who regarded the whole proceeding from a per- 'OAesch. 1, 84. "Ant. 5, 11. Bonner, Evidence Chap. II. Cf. Dem. 20, 166. "^ Aristophanes was by no means an impartial critic of Athenian democratic ideals. Vid. p. 18. "399, 1101. 'M113, 1121. " 559-567; 578-582; 620-625. " A tragic actor. " 622 eopvpTtffcjuev; cf. /xii dopv^eire (Plato ApoL). 18 SYCOPHANCY IN ATHENS sonal standpoint. Defendants keenly felt that the odds were against them. The plaintiffs who were in no danger could state any- thing they wished, while the defendants in their fear forgot even the good deeds they might mention.''^ Philocleon, who is pictured by Aristophanes as a typical juror, in the trial of the Dog decides against the defendant before both sides are heard ;^^ refuses to believe the defence;^" has come to court with "condemnation in his eye;"^^ hates to realize that he is beginning to feel a little compassion for the defendant ;^^ and finally faints from the shock when he learns that he has, by mistake, acquitted a "man on trial."^^ For such an act he doubts if the gods will forgive him,^ The sycophant as the first speaker, could paint his opponent as bad as he desired. He was familiar with the appeals to which the jurors were most sus- ceptible and could use them to good effect. This situation made it relatively easy for the sycophant to levy blackmail. Few of those whom he threatened with prosecution would care to risk trial before this turbulent mass meeting so easily swayed by appeals to passion, prejudice, self-interest, power and pity. In spite of the blackness of this picture it must be remembered that the purpose of this section on the nature of the Courts is not to prove that justice was impossible in Athens. That would of course be untrue. It is however necessary to keep in mind the possibilities of the miscarriage of justice. No one would pretend to take all that Aristophanes says in satire of the democracy as representing the actual situation. However, he cannot be very far from the real con- dition. His description usually contains just enough exaggeration to make it humorous. He would be a very poor artist indeed if he misrepresented circumstances in Athens to any great extent. One of the chief reasons for assuming that his criticism, and the biased statements of litigants, are not far from the truth, is the generally accepted contrast between the Areopagus and the other courts. The situation has been well described by Wyse.^^ "There is no evidence that the Athenian judges were often bribed or terrorized or 78 Hyp. I, 8. cf. Ar. Wasps 878. " At. Wasps 920. «» Ibid. 966. «i Ibid. 847-50. «2 Ibid. 973. " Ibid. 1000. ^*Ibid. 1001-2. 85 Whibley, Comp. to Greek Studies, 3rd ed. 476. SYCOPHANCY IN ATHENS 19 intentionally dishonest. Neither did the discretion granted them in the absence of a statute become an instrument of oppression. This danger, though real enough, was diminished by the number and repre- sentative character of the judges, who were not likely to treat as criminal, acts tolerated by public opinion. But the speeches of the orators are a convincing proof, if proof be needed, of the vices inherent in such a system. The amount of injustice done cannot now be estimated, but it is sufficient condemnation of the courts, that appeals to passion and political prejudice, insinuating sophistry, and outrageous misrepresentations of law were judged by shrewd and experienced observers suitable means to win a verdict. No devel- opment of law was possible; nothing excited the suspicion and mis- trust of the judges so much as a display of legal subtlety. . . The conclusions of a court were bare afl&rmations or negations, not dis- criminating between law and fact, applicable only to a particular case and based on reasons which were known only to the individual voters, and perhaps not always to them. And these decisions, such as they were, could not bind another court, for in theory and practice the courts were equal and independent, each being a committee of the sovereign people supreme and irresponsible." The Prevalence of Sycophancy Indications of the great prevalence of sycophancy are numerous in the plays of Aristophanes. An incident that illustrates very well the omnipresence of the watchful "informer" is found in the Achar- nians} The Megarian has just arranged a trade with Dicaeopolis. Then the sycophant appears with his "(pavw rabl iroKefiLa Kal tre." In utter disgust the Megarian bursts out, "tovt' kKelv\ i/cet TraXiv odevwep apxa rcbv KaKcbv a/juv ecpv." The first two words are enough to describe the situation, "tovt' eKeiv." "There it is." The expected, the dreaded had happened. A subsequent episode in the same play shows the abundance of these men in Athens.^ A Boeotian brings some choice Copaic eels to the market of Dicaeopohs and wants goods in return. Dicaeopolis offers him anchovies and crock- ery. "No. Give me something that we can't get at home." And Dicaeopolis has no doubts about what Athens has and Boeotia has not. At once he replies: "I know just the thing. Bring out a sycophant." » 818 ff. » 903-4. 20 SYCOPHANCY IN ATHENS Aristophanes is fond of playing on the meaning of words that can be connected in sense or etymology with either of the two parts of avKOfpavTeiv. Puns on $dpcov rpoTruv. One of the best indications of the readiness to suspect men as guilty of sycophancy is found in the Plutus (970). Chremylus has just disposed of a sycophant, when in comes an old woman lamenting loudly as the sycophant had done. "Now what's the matter here?" he asks in comic despair, "are you by any chance a "sycophantress"? ^, wov Kal av ri is here mentioned as the sort of procedure that this sycophant had used with great financial success. =« Hyp. IV, 33 S. " Vid. Lipsius A. R. 417; Meier-Schomann-Lipsius, Attische Process, (MSL) 424 ff. "8 (Dem.) 59, 16; (Kennedy). 32 SYCOPHANCY IN ATHENS and the citizen who lives as husband with an alien woman so con- victed shall incur the penalty of a thousand drachmas." Also this law:^^ "If any one shall give a foreign woman in marriage to a citizen of Athens, representing her as belonging to himself he shall be disfranchised, and his property shall be confiscated, and the third part thereof shall be given to the person who has procured his con- viction." Stephanus and Neaera are accused of having transgressed these laws. If Apollodorus describes the situation truthfully, there can be no doubt that in this instance he and Theomnestus were justified in prosecuting. Their motives were, however, revenge and they emphasize this to make clear to the jurors that they are not syco- phants. The chance of getting the reward would appeal to many who would accuse for no other motive. They were reasonably sure of success since the jurors would be influenced by the Athenian jealousy of the rights of citizenship and the desire to keep the Attic blood free from contamination. As litigant the sycophant could avail himself, on occasion, of private suits (St/cat) as well as public. But the chances here were fewer. He could bring such suits only if personally concerned.**' The Sycophant as a Blackmailer The most lucrative side of the sycophant's business must have been blackmail.^ When one recalls the nature of the courts one realizes that many an Athenian would prefer to settle with his accuser out of court, rather than run the risk that a trial would involve. He never knew what incident in his past life might be brought into the case to influence the jurors or who might join in attacking him. The father of Mantitheus feared to come into court in a case brought by Boeotus lest someone who had been offended by him in some political act might come forward and aid his accusers.^ If a man of means was haled to court his enemies reg- ularly assisted the prosecutor and if a verdict was secured, it acted as an incentive to others to bring suits against him. The defendant in ^Ubid.,S2. (Kennedy). *" Discussion of the sycophant's use of Si/cai will be found on p. 46 ff . 1 Lys. 25. 3. > Dam. 39, 3. Cf. Ar. Wasps 841. SYCOPHANCY IN ATHENS 3$ the case vs. Simon^ states that Simon had made no effort to bring suit against him until he had been unsuccessful in some private suits that had sprung up as a result of an antidosis. In the defence of his life Isocrates represents himself beset by a sycophant who had attacked him after he lost the suit that dealt with the antidosis, and who made use of some of the misrepresentations and slanders directed against Isocrates in that suit.* The fear aroused by a summons to court is shown by the fact that in the extant homicide cases the desire to dispose of a man who had begun or threatened litigation is constantly treated as one of the possible motives of homicide. This appears as a topos in the First Tetralogy of Antiphon.^ The man whom the defendant is accused of having murdered had secured several convictions against him and had but recently entered a new suit. It was in the hope of avoiding this suit, so the plaintiff charged, that the defendant had committed the deed. Such extreme measures might be rather natural if the prospective defendant was actually guilty. But even the fear of meeting in court entirely groundless charges brought by a sycophant, seems to have been a conventional explanation of a homicide. Eu- philetus, in his defense, when accused of the murder of Eratosthenes, relates why he was justified in killing the latter. He then shows that there was nothing else in his previous relations with the dead man that could be suggested as a motive for his action, ''ovre yap avKo- Pp. 98-107. » P. 126. 60 SYCOPHANCY IN ATHENS Since club affiliation was so valuable it was but natural that sycophants also should combine with the purpose of increasing the effectiveness with which they worked individually. Calhoun refers to such organizations of sycophants as ''existing for the profits which they enabled their members to make by various kinds of sharp practice in the courts."^ The most important club of sycophants {kpyaIbid.l8G.;32. ^Ubid. 21. ^Ubid. 18-22. SYCOPHANCY IN ATHENS 75 thought that Agoratus was suffering for being one "of the people" went bail for him. The senators took their names and went back to the city. The bondsmen then tried to induce Agoratus to leave Athens: boats were ready; they would all go away until the matter settled down. He steadily refused. The plan of the oligarchs would of course be spoiled if he did not stay and inform. He insisted on appearing before the senate.^^ When he was admitted he pre- tended to turn state's evidence and gave in the names of his bondsmen, the generals and the taxiarchs, as prominent democrats who were opposing the peace.^* Those whose names he gave in were imprisoned. All effective opposition to the oligarchy was removed. Soon Lysan- der arrived in the Peiraeus and Sparta's terms were accepted and the oligarchy was established.^^ Those against whom Agoratus had informed were put to death. He however was tried by the Thirty and released as a friend of the government.^® It may be that he was exiled, because he joined the democratic party at Phyle and returned to Athens with them.^^ Sometime after the "return" he was accused of murder by Dionysius, the cousin and brother-in-law of Dionysodorus, who was one of the demo- crats put to death by the Thirty as a result of the information of Agoratus. Our information in regard to his career is found in the speech of Dionysius. ^Uhid. 29. '* Ibid. 30. « Ibid. 34. " Ibid. 38. " Ibid. 77. CalUmachus Callimachus is a good example of the extremely litigious persons that extorted money from Athenian citizens by accusing, or threaten- ing to accuse, them of acts that had been committed before the restoration of the democracy in 403. Such prosecutions were theo- retically prohibited by the Amnesty.^ But even so the Athenians found themselves continually worried by sycophants who made it their business to accuse them of some participation in the oligarchy or especially in the acts of the Thirty. The dread of appearing before a popular court on such charges made blackmail exceedingly success- ful. The extent to which such threats of prosecution were carried ' Isoc. 18, 1-2. 76 SYCOPHANCY IN ATHENS is seen from the fact that a special provision was inaugurated to meet them. On the motion of Archinus a law was passed allowing the person against whom an action was brought in violation of the Amnesty, to make a special plea (Tapaypa4>r]). This Tapaypa({>r} was a plea that the action was not maintainable according to the Amnesty.^ The speech vs. CaUimachus was delivered in support of such a plea. The speaker (unknown) had been maliciously prosecuted by CaUimachus and availed himself of the comparatively new privilege. This speech is the source of our information in regard to this sycophant.^ He had been a turn-coat in the time of the Peloponnesian War. To save his property he ran off from Athens and stayed away ten years. When the Thirty came into power he returned, thinking that he could^find favor with them and help himself financially. He remained an oligarch until the day when the Peiraeus party was ready to attack the walls. Then he joined the exiled democrats. When the Spartans blockaded the Peiraeus, he fled to Boeotia, so as not to be found with the exiles if they were defeated.^ In the period following the Thirty, when the "Ten" were in control, he was in Athens. It was then that an incident occurred that provided him with the basis for several vexatious attacks.^ One day the speaker (in the Tapaypa(prj) and his friend Patrocles, who was King Archon at the time, were out walking and happened to meet CaUimachus. Patrocles and he were enemies. The former noticed that CaUimachus was carrying some money. He stopped him and accused him of having in his possession money liable to con- fiscation. A dispute arose. Patrocles insisted that the money had belonged to Pamphilus who had left Athens and joined the Peiraeus party. In^the course of the discussion many people rushed up. Among them happened to be Rhinon, one of the Ten. Patrocles immediately accused CaUimachus to him, of being in possession of state money. The matter was taken before the Ten and the BoulS and it was decided that the money was the property of the state. CaUimachus was compelled to surrender possession.^ 2 Ibid. 3. Vid. Grote Hist, of Greece, VIII. 299. • Isoc. 18. Vid. Jebb Aii. Or. II, 235 for question of date. * Ibid. AS-i9. 5 Ibid. 5 ff. 'The mere fact that the money belonged to a democrat was sufficient to make them decide thus. SYCOPHANCY IN ATHENS 77 When the democracy was restored Callimachus very naturally made capital of this matter.^ If the money was really his own it was easy to arouse a democratic jury by representing himself as unjustly used. If it belonged to Pamphilus, who was identified with the exiles, the same course of reasoning was possible. He could dwell on the grasping nature of the money-loving oligarchs. In either case he could make his arguments convincing by representing Patrocles and all concerned as tools of the oligarchs. He first brought action against Patrocles and succeeded in extorting ten minae from him.'' He next involved Lysimachus in the affair and secured two hundred drachmae from him. The speaker was the third to be threatened with prosecution. Callimachus let it be understood that he intended to charge him with responsibility for the whole trouble. It was apparently his method to represent each of the men whom he accused as the special tool of the Ten. The scheme that he employed in attempting to force the speaker into a settlement is interesting.^ It was no doubt the method he had employed successfully in the other suits, and according to the speaker was common with sycophants. He went around among the crowds and in the favorite lounging places and talked over his troubles. He dwelt in great detail on his mistreatment at the hands of the speaker. Then some of Callimachus "friends" came to the prospective defendant and urgently advised him to settle with Callimachus for a sum and not run the risk of a trial. It was better, they assured him, to pay a little, than to lose the whole sum by a judgment. To influence him they reminded him of the many mishaps that came in the courts. Even with great confidence in the case it was not safe to take the chances of the trial. Although the speaker does not say so, he must have been reminded also of the success that Callimachus had had in the other cases. At last the speaker, was persuaded. He paid Callimachus two hundred drachma.e. To insure safety from future attacks he insisted that there be a witness to the transaction.^ They accordingly submitted their agreement to an arbitrator and he "sanctioned it by his award." But as the speaker had expected, Callimachus did not let the matter rest. He renewed litigation by bringing suit against the speaker for 10,000 drachmae. At the trial ' Ihid. 8 ff. Since the suits were private (Skat) there was no penalty for with- drawing the charge after making a settlement. « Ihid. 9 ff . ' This was the regular method of avoiding false accusations. 78 SYCOPHANCY IN ATHENS the speaker produced a witness to prove that the case was not main- tainable, since the matter had already been settled. The natural course for Callimachus to follow was to accuse this witness of false testimony. He did not do this He knew that he would not be able to prove such an accusation and would be compelled to pay the eTTco/SeXta. He therefore "arranged" it with the magistrate in charge and instead of bringing a SLkt] xl/evdofiapTvpLwv he entered the same suit again. ^'^ For this bribing of the ofScial he used the assistance of Xenotimus. The latter was an expert at breaking laws, cor- rupting jurors, tampering with magistrates and similar deeds. Under the circumstances the speaker let the case come to trial but entered a special plea that it was covered by the Amnesty and was therefore not maintainable. According to the speaker the career of Callimachus was one succession of dlKai, ypaipai, false testimony and active participation in suits brought by others of his type.^^ One incident he considers suf&cient to show what sort of man he was.^^ Callimachus and his brother-in-law together trumped up a case against one Cratinus. The latter and the brother-in-law had had a dispute over a piece of land. A fight ensued. The scrimmage became rather general. Afterwards the two schemers hid one of their slave girls. Later they said that she had died from a wound in the head dealt her by Cratinus, and brought a 8iKr] .#' vv^' :m£K'^ %%^ '-> G »\ "^^^ ,^ -^ ^"^ j' Deacidified using the Bookkeeper process. 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