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cases of wilful murder seems to have been the chief function left to the Areopagus after the limitations placed on its power, first by Solon, and later by Pericles and Ephialtes.
P. 52, $ 158. ó Apákw. Draco's laws about murder were left unrepealed by Solon, and continued in force throughout the whole course of Athenian history. The privileges from which the murderer was debarred by them are nearly identical with those enumerated in Edipus' proclamation against the murderer of Laius, Ed. Tyr., 236 foll.
τον άνδρ' απαυδώ τούτον, όστις εστί, γής
κοινόν ποιείσθαι, μήτε χέρνιβας νέμειν. xépvißes were the sacred washings of the hands, whether before a meal at home, or before a sacrifice in the temple. Kparapes and otrovdał both refer to the drink-offerings which preceded sacrifice. The murderer would further be excluded from the temples, as the centres of religion, and from the åyopà as the centre of social and political life.
Try Tol Sukalov táčiv, 'left its due place for pleas of justification.'
d'ols étaival. In Greek the infinitive is often found in relative sentences in the oratio obliqua, the force of the principal verb being continued in the relative clause ; 'in which he enacted that it should be lawful.'
OÚTW, 'under the conditions which made it justifiable,' as, for instance, in self-defence, or in vengeance for an outrageous injury or insult.
§ 159. Tôv kalpôv tap o0s, 'the whole series of emergencies in which.' tap' oŮs represents these emergencies as occurring all along a line, as it were.
τους ευρομένους, sc. την χάριν, easily supplied from χάριν κομίσασθαι. .
Δημοφάντου στήλης. . This was erected immediately after the expulsion of the thirty tyrants, in B.C. 404.
populwv, the advocate of Apsephion. Introduction.
$ 160. Tepi TÔV trapelnavlórwy, which we know all about, and tô uelóVtWV, which are yet absolutely uncertain. The strong point in this argument of Demosthenes consists in Leptines having allowed exceptions in the past, and leaving no room for them in the future. He would probably have answered that his exception was a concession to popular feeling, but that even under similar circumstances he would be for granting no such exemption in the future.
P. 53, § 161. Srl vi Ala. This is the regular formula for introducing a supposed argument of an antagonist which it is presently intended to answer.
TOLOÛTÓV Ti, such as the tyranny of the Peisistratidae. μηδείς αν νεμεσήσαι, we may be sure that no one would view with jealousy ;' referring to the jealousy with which the gods were supposed to look on anything that savoured of arrogance or self-confidence in men. μηδείς, not ουδείς, because the principle is represented as actuating the legislator in framing his laws.
πάντα ανθρώπινα ηγείσθαι, « to consider that there is no change of fortune to which man is not liable.'
εις τοιαύτα πράγματα, sc. into such a humiliating position as they had occupied since the battle of Leuctra, in B.C. 369.
Eupakóolol. The democracy at Syracuse lasted from the expulsion of Thrasybulus, in B.C. 466, till the appointment of Dionysius, originally a clerk in a public office, to the post of sole general, which he soon converted into a tyranny in B.C. 405. Their supremacy over Carthage dated from the victory of Gelon at Himera in B.C. 480. The victory over the Athenian fleet was the discomfiture of the Sicilian expedition in B.C. 413.
8s ütrnpérns hv. These words are rejected by Reiske as a gloss. They would express the status of Dionysius, the post of γραμματεύς being a υπηρεσία, or salaried office, not an αρχή.
$ 162. • vûv ûv Alovúolos. The younger Dionysius, who succeeded his father in B.c. 367, was driven from his throne in B.C. 357 by Dion, who seized upon Syracuse in his absence with a force consisting of two merchant vessels and less than 1000 mercenary troops. Dionysius was assassinated in the year after this trial.
8 163. φυλάττετε και μέμνησθε. Two synonymous words are combined to add weight to the injunction. So in § 167 gulášate και μνημονεύετε. The time during which they were to bear the point in mind is there specified, έως αν ψηφίσησθε.
Tà kpelttw. Their verdict really involved the choice between two rival propositions, of which Demosthenes had already pointed out, in § 89, that it was the duty of the judges ákoúo avras ελέσθαι τον κρείττω. .
P. 54, § 164. us totu, 'as I am content there should be.'
Trpòs amavtas, 'in the face of all ; ' differing from tapà Tâouv in the following sentence, as implying that the city would be in a position to look all critics full in the face.
8 165. τοσαύτην βλασφημίαν, so great a slur upon your character.'
των περιεστηκότων, like τους περιεστηκότας έξωθεν και ακροωuévous, de Cor., p. 293, 23, of the audience, standing outside the limits of the court, to hear the trial.
των καθημένων, who sit in judgment.' οι καθημένοι is the regular expression for the audience before whom an orator is pleading, whether it be the judges in a court, or the people in their ekkinola. It is used in the latter reference in Phil. ii. p. 66, 12; cp. de Cor. p. 285,
Dulav@pworla tpos poóvov Ktd. Wolf compares Cic. Cat., ii. 11, 25, «Denique aequitas temperantia fortitudo prudentia virtutes omnes certant cum iniquitate luxuria ignavia temeritate, cum vitiis omnibus. Postremo copia cum egestate, bona ratio cum perdita, mens sana cum amentia, bona denique spes cum omnium rerum desperatione confligit.'
§ 166. Tois Beltlool, sc. benevolence, justice, and the other virtues.
κάν τις άρ' έλθη. άρα implies that the hypothesis to which it is attached is looked on as very improbable, or at least to be deprecated.
us toti Slkala, 'how the truth stands with regard to them,' SC. τα πολλά.
å opédnte, 'you let yourselves be deprived of the information.
8 167. φυλάξατε και μνημονεύετε. For the change of tense see on § 87.
το νόμισμα κτλ. The same comparison is worked out at greater length on the authority of Solon, in Timocr., p. 765, 23.
Tóyov SúO ETE, ‘you will admit to plead before you.' So Xóyou tuxeîv, “to obtain a hearing,' de Cor. p. 229, 14.
ου δήπουγε, sc. δώσετε.
Oůk old' 8 Tu kal. This is a favourite form of ending a speech, both with Demosthenes and other authors. See Isaeus de Apollodori Sorte, and de Cironis Sorte ; Lysias de Frumentariis ; Dem. pro Phorm., adv. Nausim., in Cononem.
1. In ordinary times at Athens there was no such thing as direct taxation of the citizens. It was considered fair and reasonable that the resident aliens (MÉTOLKOL) should pay a polltax (uetoiklov) in consideration of the protection they received from a State on which they had no claim by birth ; but citizens were supposed to have a right to the free use of their lives and property, exempt from all taxation ; and direct taxation levied upon them, except in times of emergency, was thought in Greece to be essentially a mark of despotic and unconstitutional government. Even during war such burdens were only to be imposed as a last resource, and consequently we do not find at Athens that any property-tax (eio popà) was ever levied till the revenues of the State began to be crippled by the revolt of Mytilene in B.C. 428. The exceptional nature of the tax is further seen in the fact that no exemptions from it were ever allowed, even to the descendants of Harmodius and Aristogeiton, or to minors, or to those who were actually performing the service of the Tριηραρχία. .
2. But it was considered part of the duty of the wealthier citizens to perform certain special services for the State at their own expense, perhaps in consideration of the higher political privileges which in the earlier times of the republic they enjoyed. These would give an opportunity for honourable distinction, and appear, as a general rule, to have been sought after, and carried out with a magnificence that more than satisfied the requirements of the law, though in times of depression, or in the case of the poorer citizens who were liable to undertake them, the burden which these involved was severely felt. They may be compared to offices such as those of high sheriff or mayor or county magistrate among ourselves, where, even if any salary is attached to the office, it is commonly understood to be quite inadequate to the expense involved, and the officer practically gives his time and money as a contribution to his country which his position requires at his hands.