διὰ τοῦ χωρίου, τὴν αἱμασιὰν περιῳκοδόμησε ταύτην. 12 καὶ ὡς ταῦτ ̓ ἀληθῆ λέγω, παρέξομαι μὲν καὶ μάρτυρας 1275 ὑμῖν τοὺς εἰδότας, πολὺ δὲ, ὦ ἄνδρες Αθηναῖοι, τῶν μαρτύρων ἰσχυρότερα τεκμήρια. Καλλικλῆς μὲν γάρ φησι τὴν χαράδραν ἀποικοδομήσαντα βλάπτειν ἐμὲ αὐτόν· ἐγὼ δ ̓ ἀποδείξω χωρίον ἂν τοῦτ ̓ ἀλλ ̓ οὐ 3 αὑτὸν Ζ. of words is discussed. He apparently understands ἐπινέμειν in this passage to refer to a 'common trespass;' but this is sufficiently expressed by βαδιζόντων διὰ τοῦ χωρίου, and it is therefore better to give έπινε μόντων that special application to the encroachment of cattle' which it constantly bears. αἱμασιάν.] Never used in the sense of a hedge,' but always of a 'wall of dry stones.' In Odyss. XVIII. 359 and XXIV. 224230, αἱμασίας λέγειν is explained in a scholium, οἶκοδομῶν ἐκ συλλεκτών λίθων, and Hesychius paraphrases the word τὸ ἐκ πολλῶν λίθων λογάδων ἄθροισμα. Thus in Theocr. Ι. 45, a boy watching a vineyard is described as sitting ἐφ' αἱμασιαῖσι, and in v. 93 we have roses growing in beds beside the garden-wall, ῥόδα τῶν ἄνδηρα παρ' αἱμασιαῖσι πεφύκει. Cf. Plat. legg. 881 Α, περιβόλους αἱμασιώδεις τινάς, τειχῶν ἐρύ XXIV. 230), just as in England rough stone-walls are frequently finished off with furze and other prickly shrubs. §§ 12-15. The plaintiff conten is I have damaged his estate by obstructing 'the water-course.' In reply, I shall prove that what he calls a water-course is no such thing, but really part of our own ground, for it has fruit-trees growing in it which were planted before my father built the enclosure, and it contains a burialplace made before we acquired the property. All this is in evidence, gentlemen, as also the fact that the wall was built while the plaintiff's father was still alive, and without any protest on the part of my opponents or the rest of my neighbours. 12. τὴν χαράδραν.] emphatic, as is shewn by its prominent position and by the next sen 13 χαράδραν. εἰ μὲν οὖν μὴ συνεχωρεῖτο ἡμέτερον ἴδιον εἶναι, τάχ ̓ ἂν τοῦτο ἠδικοῦμεν, εἴ τι τῶν δημοσίων ᾠκοδομοῦμεν· νυνὶ δ ̓ οὔτε τοῦτο ἀμφισβητοῦσιν, ἔστι τ ̓ ἐν τῷ χωρίῳ δένδρα πεφυτευμένα, ἄμπελοι καὶ συκαῖ. καίτοι τίς ἐν χαράδρα ταῦτ ̓ ἂν φυτεύειν ἀξιώσειεν; οὐδείς γε. τίς δὲ πάλιν τοὺς αὑτοῦ 14 προγόνους θάπτειν; οὐδὲ τοῦτ ̓ οἶμαι. ταῦτα τοίνυν ἀμφότερ ̓, ὦ ἄνδρες δικασταὶ, συμβέβηκεν· καὶ γὰρ τὰ δένδρα πεφύτευται πρότερον ἢ τὸν πατέρα περιοικοδομῆσαι τὴν αἱμασιὰν, καὶ τὰ μνήματα παλαιὰ καὶ πρὶν ἡμᾶς κτήσασθαι τὸ χωρίον γεγενημένα ἐστίν. καίτοι τούτων ὑπαρχόντων τις ἂν ἔτι λόγος ἰσχυρότερος, ἄνδρες Αθηναῖοι, γένοιτο; τὰ γὰρ ἔργα φανερῶς ἐξελέγχει. καί μοι λαβὲ πάσας νυνὶ τὰς μαρτυρίας, καὶ λέγε. The 13. εἰ μὴ συνεχωρεῖτο ἴδιον εἶναι, τάχ ̓ ἂν ἠδικοῦμεν, εἴ τι τῶν δημοσίων ᾠκοδομούμεν.] In this conditional sentence, we have one apodosis ἠδικοῦμεν ἂν, corresponding to a double protasis. The second protasis εἰ—ᾠκοδομοῦμεν reiterates the first with a slight change of idea. supposition stated at the beginning of the sentence is thus re-stated with some slight redundancy at the end, and reaches the hearer in two parts, which enter his mind separately and there unite. So in Plat. Phaedo 67 Ε, εἰ φοβοῖντο καὶ ἀγανακτοῖεν, οὐ πολλὴ ἂν ἀλογία εἴη,...εἰ μὴ ἄσμενοι ἐκεῖσε ἴοιεν. The idiom may be illustrated by the effect upon the brain of the double images of external objects entering the eyes separately and subsequently uniting. Numerous varieties of construction, of which the present is a single instance, are grouped πεφυτευμένα.] 'planted and not growing wild, like the έρινεὸς οι συκῆ ἀγρία. τίς...θάπτειν.] The telling question, 'who would think of burying his ancestors in a water-course?' (a question seriously put, unless perhaps we ought to take it as one of the touches of humour characteristic of this speech), is of course not meant to apply to all the tombs subsequently mentioned (§ 14), as some of them were there even before the land came into the speaker's possession. 14. Kai yap...kal.] 'for not only ...but.' A frequent idiom, though one but little observed. P.] τούτων ὑπαρχόντων.] Cf. § 9 init. 15 16 ΜΑΡΤΥΡΙΑΙ. Ακούετε, ὦ ἄνδρες Αθηναῖοι, τῶν μαρτυριών. ἆρ' ὑμῖν δοκοῦσι διαρρήδην μαρτυρεῖν καὶ τὸ χωρίον εἶναι δένδρων μεστὸν καὶ μνήματ ̓ ἔχειν τινὰ καὶ τἄλλ ̓ ἅπερ καὶ τοῖς ἄλλοις χωρίοις συμβέβηκεν; καὶ πάλιν ὅτι περιῳκοδομήθη τὸ χωρίον ζῶντος μὲν ἔτι τοῦ τούτων πατρὸς, οὐκ ἀμφισβητούντων δ ̓ οὔτε τούτων οὔτ ̓ ἄλλου τῶν γειτόνων οὐδενός ; Αξιον δ ̓, ὦ ἄνδρες δικασταὶ, καὶ περὶ τῶν ἄλλων 1276 ὧν εἴρηκε Καλλικλῆς ἀκοῦσαι. καὶ σκέψασθε πρῶτον k Bekk. (Berlin). 1 Bekk. m Bekk. χωρίον Z et Bekker st. cum ΕΣΦΒ. τοῦ τούτου Ζ cum FΦΒ. τῶν τούτου Σ. 15. άρ'.] We should expect ἆρ ̓ οὐχ, which, like nonne, distinctly implies an affirmative answer. But apa is not unfrequently used alone, to denote a simple interrogation, the context shewing whether a negative or, as here, an affirmative reply is expected. Xen. Cyr. ιν. 6. 4, ἆρα βέβληκα δὶς ἐφεξῆς ; (L. and S.). μνήματα...τινὰ.] Not μνήματα παλαιά as before. The description is made as general as possible to shew that the piece of ground in question had all the essential characteristics of private property.—τἄλλ ̓ ἅπερ. The speaker does not specify what is included in this et cetera, but the depositions probably went into further detail. §§ 16-18. The plaintiff speaks of the stoppage of a watercourse. Now, firstly, I don't suppose that in the whole of Attica there is such a thing as a watercourse by the side of a public road. The water would naturally flow down the road and a water-course would be Now the plaintiff wants me to 16. σκέψασθε.] The other reading σκέψασθαι (closely connected by καὶ with ἀκοῦσαι) is perhaps less preferable, but is accepted by the Zurich editors, partly on the authority of the Paris us Σ. μὲν εἴ τις ὑμῶν ἑόρακεν ἢ ἀκήκοε πώποτε παρ ̓ ὁδὸν χαράδραν οὖσαν. οἶμαι γὰρ ἐν πάσῃ τῇ χώρᾳ μηδεμίαν εἶναι. τοῦ γὰρ ἕνεκα, ὃ διὰ τῆς ὁδοῦ τῆς δημοσίας ἔμελλε βαδιεῖσθαι φερόμενον, τούτῳ διὰ τῶν ἰδίων 17 χωρίων χαράδραν ἐποίησέ τις; ἔπειτα τίς ἂν ὑμῶν εἴτ ̓ ἑώρακεν Ζ. n οἶμαι — ἐποίησέ τις;] The speaker, after asking whether any of his audience has ever seen or even heard of a watercourse running by the side of a public way, takes upon himself to declare that he does not believe there is anything of the kind in the whole of Attica. The startling character of this assertion, which could hardly have been untrue, is only equalled by the delightful frankness with which he assigns the reason; 'what could induce any one,' he asks, 'to make a channel through his private grounds for water, which, if let alone, would be sure to flow down along the public road?' The passage is singularly suggestive on the state of the mountain roads of Attica; the public road, so called, would in numbers of cases be little better than the path of a mountain-torrent, which might be used in dry weather for purposes of transit, but in very wet seasons would revert to the possession of the waters. In the days of Demosthenes many of the mountain roads were, we presume, not much better than those of modern Attica, as described in Edmond About's lively book on Greek brigandage, Le Roi des Montagnes : "I crossed at a leap the Eleusinian Cephisus... One hundred paces further on, the road was lost in a wide and deep ravine, hollowed by the rains of two or three thousand winters. I supposed with some show of justice that the ravine must be the road, for I had noticed in my previous excursions that the Greeks dispense with making a road wherever the water has been kind enough to take that duty on itself. In this country, where man but slightly thwarts the laws of nature, the torrents are royal roads; the rivers turnpike-roads; the rivulets cross-country roads. Storms do the office of highway engineers and the rain is an inspector who keeps up without any control the means of communication, great and small." (p. 45 p. 42 Eng. transl. 1862.) [We must remember that road-making, as we have it, is a modern art, and that the want of roads is still the cause of backward civilisation and commerce in many countries. The hollow or sunken lanes, common in many parts of England, are caused by the excavating power of water running along tracks. The Romans raised their roads (viam munire) apparently to avoid this. As an illustrative passage, we may quote Iliad ΧΧΙΙΙ. 420, ρωχμὸς ἔην γαίης, ἡ χειμέριον ἀλὲν ὕδωρ ἐξέρρηξεν ὁδοῖο, βάθυνε δὲ χῶρον ἅπαντα. Ρ.] Badiciobal.] The Classic fu ἐν ἀγρῷ νὴ Δί' εἴτ ̓ ἐν ἄστει τὸ διὰ τῆς ὁδοῦ ῥέον ὕδωρ εἰς τὸ χωρίον ἢ τὴν οἰκίαν δέξαιτ ̓ ἂν αὐτοῦ; ἀλλ ̓ οὐκ αὐτὸ τοὐναντίον, κἂν βιάσηταί ποτε, ἀποφράττειν ἅπαντες καὶ παροικοδομεῖν εἰώθαμεν; οὗ τος τοίνυν ἀξιοῖ με ἐκ τῆς ὁδοῦ τὸ ὕδωρ εἰσδεξάμενον εἰς τὸ ἐμαυτοῦ χωρίον, ὅταν τὸ τούτου παραλλάξῃ χωρίον, πάλιν εἰς τὴν ὁδὸν ἐξαγαγεῖν. οὐκοῦν πάλιν ὁ μετὰ τοῦτόν μοι γεωργῶν τῶν γειτόνων ἐγκαλεῖ· τὸ γὰρ ὑπὲρ τούτου δίκαιον δῆλον ὅτι κἀκείνοις ὑπάρ13 ξει πᾶσι λέγειν. ἀλλὰ μὴν εἴ γε εἰς τὴν ὁδὸν ὀκνήσω τὸ ὕδωρ ἐξάγειν, ή που σφόδρα θαρρῶν εἰς τὸ τοῦ his farm also, lest it should out.' draw off, let Xen. Oec. 20 § 12, Tò ὕδωρ ἐξάγεται τάφροις. ἐγκαλεῖ.] Not present, but future. The context is decisive and the margin of the Paris Ms has ἐγκαλέσει, pointing to the same conclusion, though the note seems due to a copyist who did not recognise in ἐγκαλεῖ the regular Attic future. Or. 23 (Aristocr.) § 123, we have ἐγκαλέσουσιν; so also in Or. 19 § 133. The simple verb καλῶ hardly ever (Cobet says, never) has any other future than καλώ (var. lect. 28, 29). In 18. ή που.] • Surely, I should scarely be bold enough to turn it on to my neighbour's land;' -'I should be a very bold man |