II

ὁ προβαλόμενος κατὰ ταὐτά.] The person who produced the false witness, προβάλετο Οι προὐστήσατο, was liable to what was called a δίκη κακοτεχνιών for conspiring to defeat the ends of justice. Or. 47 § 1 τὸν προβαλόμενον ὑπόδικον ἔχῃ τῶν κακοτεχνιών.

§ 11. That the defendant's evidence is false may be concluded from the material on which it is written.

λελευκωμένον καὶ οἴκοθεν κατ εσκευασμένον.] The plaintiff curiously argues the falsehood of the defendant's deposition from the nature of the material on which it is inscribed. The document, he points out, is * whitened, and must have been brought from home purposely prepared.' This would have been proper enough for a deposition attesting to the facts of the past, in which case there is time to draw up an elaborate document, whereas a deposition purporting to attest a Challenge (evidence to which might be given by any duly qualified person even accidentally present) would naturally be rapidly written on the spot ἐν μάλθῃ, i. e. on a_waxen tablet, which would allow of any addition or erasure

προβαλλόμενος Ζ cum libris. being made at the request of the witnesses before they attested The difference between it. these methods,' as C. R. Kennedy remarks, was much the same as between writing with a pen on paper and with a pencil on a slate.' (Dict. Ant. s. v. μαρτυρία.) For λελευκωμένον cf. Dem. Or. 24 (Timocr.) § 23 Lex. ὁ τιθεὶς τὸν καινὸν νόμον, ἀναγράψας εἰς λεύκωμα, ἐκτιθέτω πρόσθε τῶν ἐπωνύμων. Bekker's Anecd. (λέξεις ῥητορικαί) p. 277 λεύκωμά ἐστι πίναξ γύψῳ ἀληλιμμένος, πρὸς γραφὴν πολιτικών γραμμάτων ἐπιτήδειος. (We may compare the Roman album and contrast the black boards of our class-rooms.) For ev μάλθῃ ib. p. 278. μάλθη με μαλαγμένος κηρὸς ἢ ἄλλο τι τοιοῦ τον, ᾧ τὰ γραμματεῖα πράττεται. Pollux: ὁ δὲ ἐνὼν τῇ πινακίδι (sc. καλεῖται) κηρὸς ἢ μάλθη ἢ μάλθα. Ηρόδοτος μὲν γὰρ κηρὸν εἴρηκεν, Κρατίνος δὲ ἐν τῇ Πυτίνη μάλθην ἔφη, ̓Αριστοφάνης δὲ ἐν τῷ Γηρυτάδῃ τὴν μάλθαν ἐκ τῶν γραμματείων ἤσθιον. Harpocr. μάλθη· ὁ μεμαλαγμένος κηρός· Δημοσθένης ἐν τῷ κατὰ Στεφάνου. Ἱππώναξ, ἔπειτα μάλθῃ τὴν τρόπιν παραχρίσας and similarly Hesychius and Suidas. (Becker's Charicles, Scene Ix. note 12 and Beels, diatribe p. 116-119).

οἴκοθεν κατεσκευασμένον] is a

m

ἣν Ζ.

H. Wolf. 'pregnant' expression, equivalent in sense to οἴκοι κατεστ κευασμένον καὶ οἴκοθεν ἀπηνεγ μένον. Similarly below, where Reiske unnecessarily proposes οἴκοθεν ἐπιφερομένας τὰς μαρ τυρίας κατεσκευασμένας μαρτυρεῖν. For the general drift of the argument and its imputation of deliberate design cf. Cic. Phil. II. § 85 unde diadema? non enim abiectum sustuleras, sed attuleras domo meditatum et cogitatum scelus.

τοὺς προστάντας.] These words are rather obscure. Kennedy renders προστάντας as equivalent to παρόντας. Rather, perhaps, 'who stand forward voluntari1y.” Ρ.]

ἂν βουληθῇ.] The vulgata lectio used to be el, altered by G. H. Schaefer into ear to avoid the anomaly of el with the subjunctive, a construction described as 'poetical' in Bekker's Anecdota (p. 144) ; see, however, the commentators on Thuc. νι. 21. 1 εἰ ξυστώσιν, Hermann's Opuscula 1. 280 and Kühner's Gk. Gr. § 46, 11 p. 904. Isaeus Or. 11 (Hagnias) § 12 has μηδ' εἰ καὶ τετελευτηκότες ὦσιν and in Dem. Or. 24 §§ 79 and 93 we

have the ordinary indicative followed by the anomalous subjunctive, εἴ τινι... ...προστετίμηται ... ἢ τὸ λοιπὸν προστιμηθῇ, whereas in § 207 we find the regular construction eἴ τινι προστετίμη ται δεσμου κἂν τὸ λοιπόν τινι προστιμήσητε.

§§ 12-17. Further, my father made no will at all, nor do the laws allow it, laws which bind every citizen of Athens without exception. It was not until ten years after my father's death that Phormio obtained the citizenship ; not foreseeing this, how could my father have insulted our family, cast contempt on your bounty and disregarded the laws by giving his own wife in marriage to Phormio, and that by a will which he was legally incompetent to make? The law forbids a man's making a will if he have male issue lawfully begotten.—Again, the law only allows those who are not 'adopted' to dispose of their property by will, and my father was a citizen by adoption' only. Lastly, it does not permit a person to make a will if he is of unsound mind, and the terms of the alleged 'will' which give

14. ὅσοι μὴ ἐπεποίηντο κ.τ.λ.] • whosoever had not been adopted, when Solon became Archon, and thereby remained unable either to renounce or to claim his inheritance, shall be allowed to dispose of his own property at his pleasure, provided he have no male issue lawfully begotten.' Cf. Isaeus Or. 6 (Philoctemon) § 28 τοῖς φύσει υἱέσιν αὑτοῦ οὐδεὶς οὐδενὶ ἐν διαθήκη γράφει δόσιν οὐδεμίαν, διότι ὁ νόμος αὐτὸς ἀποδίδωσι τῷ υἱεῖ τὰ τοῦ πατρὸς καὶ οὐδὲ διαθέσθαι ἐξ ὅτῳ ἂν ὦσι παῖδες γνήσιοι.

The law is quoted to prove that Pasion had no right to make a will, (1) because he had male issue lawfully begotten (sc. Apollodorus). But it will be noticed that the law does not forbid such persons from making any will whatever, but simply enacts that those who have no male issue may dispose of their property as they please. Pasion was not debarred by this law from making a will, but was not allowed to make any disposition he chose, since (as in our law of entail) the right to the property was secured to the son.

Again (2), Pasion was a citizen

by 'adoption,' whereas this law implies that no 'adopted' person could dispose of his property as he pleased. But it will be observed on the other side, that the plaintiff has deliberately confounded two different senses οἱ ποιεῖσθαι (1) ' to adopt into a family' and (2) to present with the citizenship. ἐπεποίηντο refers to 'family adoption' and the plaintiff argues as though it meant the same as ἐπεποίητο πολίτης.

ἀπειπεῖν ἐπιδικάσασθαι.] Οr. 52 (Callippus) § 19 οὔτε ἀμφισ βητήσαντα οὔτε ἀπειπόντα περὶ τοῦ ἀργυρίου. ἀπειπεῖν may be paralleled by the phrase in Roman law eiurare hereditatem.

μανιών ] genitive, like the subsequent substantives, governed by eveкa at the end of the clause. 6 Unless his mind is impaired by lunacy, or dotage, or by drugs or disease.' K.

[The plural μανίαι means, as usual, 'mad fits,' 'delusions.' P.]

ὑπὸ τούτων του παρανοῶν.] Α certain correction of the old reading ὑπὸ τούτων τοῦ παρανό μων. Cf. Isaeus Or. 9 ad fin. εἰ τοῦτον ἐποιήσατο υἱὸν οὗ τῷ πατρὶ πολεμιώτατος ἦν, πῶς οὐ