ἵνα μὴ διὰ τὸ δεδέσθαι χεῖρον ἀναγκάζοιντο ἀγωνίζεσθαι ἢ καὶ παντάπασιν ἀπαράσκευοι εἶεν. οὑτοσὶ δὲ, ἃ ἐπὶ τοῖς ἀκρίτοις κεῖται, ὡς περὶ ἁπάντων 146 εἰρημένα μέλλει πρὸς ὑμᾶς λέγειν. ὡς δὲ σαφῶς γνώσεσθε ὅτι ἀληθῆ λέγω, ἐγὼ ὑμῖν ἐρῶ. οὔτε γὰρ ἂν, ὦ ἄνδρες δικασταὶ, ἐξῆν ὑμῖν τιμᾶν ὅ τι χρὴ πα% θεῖν ἢ ἀποτῖσαι (ἐν γὰρ τῷ παθεῖν καὶ ὁ δεσμὸς ἔνι· οὐκ ἂν οὖν ἐξῆν δεσμοῦ τιμῆσαι), οὔθ ̓ ὅσων ἔνδειξίς 746 ἐστιν ἢ ἀπαγωγὴ, προσεγέγραπτο ἂν ἐν τοῖς νόμοις “ τὸν δ ̓ ἐνδειχθέντα ἢ ἀπαχθέντα δησάντων οἱ ἕνδεκα “ ἐν τῷ ξύλῳ,” εἴπερ μὴ ἐξῆν ἄλλους ἢ τοὺς ἐπὶ προδοσίᾳ τῆς πόλεως ἢ ἐπὶ καταλύσει τοῦ δήμου συνιόντας ἢ τοὺς τὰ τέλη ὠνουμένους καὶ μὴ καταβάλλον147 τας δῆσαι. νῦν δὲ ταῦθ ̓ ὑμῖν τεκμήρια ἔστω ὅτι ἔξεστι δῆσαι· παντελῶς γὰρ ἤδη ἀκυρ ̓ ἂν ἦν τὰ τιμήματα. ἔπειτα δ ̓, ὦ ἄνδρες δικασταὶ, τοῦτο τὸ μέλλει πρὸς ὑμᾶς λέγειν] For conjectures as to the line which the defence is going to take, compare Androt. § 8 τὴν ἀπολογίαν ἣν ποιήσεται, § 42 οἶμαι τοίνυν αὐτὸν οὐδ ̓ ἐκείνων ἀφέξεσθαι τῶν λόγων. § 146. ὡς δὲ σαφῶς γνώσεσθε] I will show you how you may convince yourselves of the truth of my statement.' οὔτε γὰρ ἂν] γὰρ must often be construed with reference to a suppressed clause. • For if the defendant's contention (viz. that imprisonment was foreign to the spirit of Attic law) had been true, the familiar phrase "penalty corporal or pecuniary” (παθεῖν ἢ ἀποτῖσαι, § 63 n.) would be simply unmeaning; ἔνδειξίς ἐστιν ἢ ἀπαγωγή] An- δησάντων] § 10 n. ἐν τῷ ξύλῳ]=ἐν τῇ ποδοκάκκῃ, § 105 n. § 147. παντελῶς γὰρ τὰ τιμήματα] for otherwise your penal sentences would have been wholly null and void,' i.e. ei μn ἐξῆν δῆσαι, the suppressed clause indicated by yáp. Dobree's conjecture δὴ (='you know) for non is noticed by the Editors, γράμμα αὐτὸ μὲν καθ ̓ αὑτὸ οὐκ ἔστι νόμος, τὸ “ οὐδὲ “ δήσω Αθηναίων οὐδένα;” ἐν δὲ τῷ ὅρκῳ τῷ βουλευ τικῷ γέγραπται, ἵνα μὴ συνιστάμενοι οἱ ῥήτορες οἱ ἐν τῇ βουλῇ δεσμὸν κατά τινος τῶν πολιτῶν λέγοιεν. 148 ἄκυρον οὖν τοῦ δῆσαι τὴν βουλὴν ποιῶν ὁ Σόλων τοῦτο πρὸς τὸν ὅρκον τὸν βουλευτικὸν προσέγραψεν, ἀλλ ̓ οὐ πρὸς τὸν ὑμέτερον· ἁπάντων γὰρ κυριώτατον ᾤετο δεῖν εἶναι τὸ δικαστήριον, καὶ ὅ τι γνοίη, τοῦτο πάσχειν τὸν ἁλόντα. ἀναγνώσεται δ' ὑμῖν αὐ τοῦ τούτου ἕνεκα τὸν τῶν ἡλιαστῶν ὅρκον. λέγε σύ. 149 ΟΡΚΟΣ ΗΛΙΑΣΤΩΝ. [Ψηφιοῦμαι κατὰ τοὺς νόμους καὶ τὰ ψηφίσματα but no one has introduced it § 148. προσέγραψεν] ‘inserted the clause.' The middle προσγραψάμενος has the same meaning, Androt. § 71. In the distinction between βουλευτικὸν and ὑμέτερον = δικαστικὸν οι ἡλιαστικὸν lies the point of the orator's reply to the argument of Timocrates. § 149. ̔́ΟΡΚΟΣ ΗΛΙΑΣΤΩΝ] This, the last document inserted in the body of the speech, is not more genuine than those already considered: and Westermann devoted three programmes (Leipzig, 1859) to the exposure of its mistakes. From these Benseler extracts the following notes of forgery: (1) The absence of the clause περὶ ὧν ἂν νόμοι μὴ ὦσι, γνώμῃ τῇ δικαιοτάτῃ κρινεῖν, i.e. according to honour and conscience. That these words were included, is attested by c. Lept. p. 492 § 118, c. Aristocr. p. 652 § 96, Boeot. de Nom. p. 1006 § 40, c. Eubul. p. 1318 § 63. Cf. Pollux VIII. 122 ὁ δ ̓ ὅρκος ἦν τῶν δικαστῶν περὶ ὧν νόμοι εἰσὶ, ψηφιεῖσθαι κατὰ τοὺς νόμους, περὶ δὲ ὧν μὴ εἰσί, γνώμῃ τῇ δικαιοτάτη. (2) The insertion of the absurd and unhistorical phrase 'not to vote tyranny,' as if tyranny could be 'voted' in Athens or in any other Greek state. (3) Incorrect expressions, e.g. διαψηφιοῦμαι with περὶ αὐτοῦ and not in the technical sense of διαψήφισις, ταύτῃ τῇ ἡμέρᾳ for τῇ αὐτῇ ἡμέρᾳ [but perhaps the writer may not have meant this], ἐπόμνυμαι for ἐπόμνυμι, πολλὰ καλὰ καὶ ἀγαθὰ for πολλὰ κἀγαθὰ [the two last are doubtful readings]. (4) The last clause e τοῦ δήμου τοῦ ̓Αθηναίων καὶ τῆς βουλῆς τῶν πεντακοσίων, καὶ τύραννον οὐ ψηφιοῦμαι εἶναι οὐδ ̓ ὀλιγαρχίαν· οὐδ ̓ ἐάν τις καταλύῃ τὸν δῆ μον τὸν ̓Αθηναίων ἢ λέγῃ ἢ ἐπιψηφίζῃ παρὰ ταῦτα, οὐ πείσομαι· οὐδὲ τῶν χρεῶν τῶν ἰδίων ἀποκοπὰς οὐδὲ γῆς ἀναδασμὸν τῆς ̓Αθηναίων οὐδ ̓ οἶκιῶν. οὐδὲ τοὺς φεύγοντας κατάξω, οὐδὲ ὧν θάνατος pressed in the infin., ἐπομνύναι, ἐπαρᾶσθαι: and a mistake in the names of the gods sworn by, Ποσειδῶ when it should have been 'Απόλλω πατρῷον. Allowing for the possible captiousness of some of these objections, the broad fact remains that these documents, as a series, must stand or fall together; and it is abundantly proved that the orators did not, as a rule, include in their published speeches the laws or other documents which they caused to be read. Perrot, Essai sur le Droit Publique d'Athènes p. 240 n., observes that Schoemann in his Antiquities, 1855, had anticipated Westermann's conclusion. In his early work Attische Process p. 135 he had accepted the Oath as genuine. παρὰ ταῦτα] This is best taken generally, with Whiston, 'in contravention of this,' i.e. of the principles involved in the previous declaration: not supplying τὰ ψηφίσματα from ψηφιοῦμαι (Matthiae), nor yet τὴν πολιτείαν as implied in τὸν δῆμον (G. H. Schaefer, Schoemann, Kennedy). πείσομαι] ' consent' or 'ac quiesce, from πείθεσθαι : cf. Eurip. Heracl. 104 πότνια γὰρ Δίκα τάδ ̓ οὐ πείσεται, rightly explained by Paley. That πάσχειν cannot =ἐᾶν, it would be hardly necessary to prove if even eminent scholars had not gone astray. A passage in Herod. IV. 119 was formerly quoted in illustration of this word: ἢν μέντοι ἐπίῃ καὶ ἐπὶ τὴν ἡμετέρην ἄρξῃ τε ἀδικέων, καὶ ἡμεῖς οὐ πεισόμεθα, where πεισόμεθα, if genuine, must come from πάσχω. But it is now admitted to be corrupt: various conjectures are given in Bähr's and Stein's notes, the most probable being Bekker's περιοψόμεθα approved by Cobet Var. Lect. p. 284. It is odd to find Bähr, after mentioning several of these corrections, defending πεισόμεθα by reference to the present passage of the Timocratea. Wesseling and Valckenaer (1763) already found it intolerable. It is of course the ambiguous form πείσομαι that is misleading, as well as the analogy of 'patior' and 'suffer;' no one would expect to find ἔπαθε for εἴασε, nor has any instance of it been produced. χρεῶν ἀποκοπὰς γῆς ἀναδασμὸν] These two notes of revolutionary times are constantly coupled together, e. g. [Demosth.] Or. XVII. § 15. In Andoc. de Myst. § 88 we have δίκαι ἀνάδικοι appeals along with χρεῶν ἀποκοπαί. The οὐδὲ τοὺς φεύγοντας] clauses not to bring back those in exile or under sentence of κατέγνωσται, οὐδὲ τοὺς μένοντας ἐξελῶ παρὰ τοὺς νόμους τοὺς κειμένους καὶ τὰ ψηφίσματα τοῦ δήμου τοῦ ̓Αθηναίων καὶ τῆς βουλῆς οὔτ ̓ αὐτὸς ἐγὼ οὔτ ̓ 150 ἄλλον οὐδένα ἐάσω· οὐδ ̓ ἀρχὴν καταστήσω ὥστ ̓ 747 ἄρχειν ὑπεύθυνον ὄντα ἑτέρας ἀρχῆς, καὶ τῶν ἐννέα ἀρχόντων καὶ τοῦ ἱερομνήμονος καὶ ὅσαι μετὰ τῶν ἐννέα ἀρχόντων κυαμεύονται ταύτῃ τῇ ἡμέρᾳ, καὶ κήρυκος καὶ πρεσβείας καὶ συνέδρων· οὐδὲ δὶς τὴν death nor expel those who are here resident' appear in the words of the speech itself, § 153. These were ordinary incidents of the struggles between oligarchy and democracy in any Greek state, e.g. Megara in the time of Theognis or Corcyra in the early years of the Peloponnesian war. § 150. οὐδ ̓ ἀρχὴν καταστήσω] As long as the compiler confines himself to generalities, 'Nor will I appoint any one to an office who has still to render his accounts for another office,' he is on safe ground; but we get into difficulties with the names. The Hieromnemon, or principal representative at the Amphictyonic council (Dict. Antiq. s.v.) is mentioned out of his natural order; he would more properly be classed with the κήρυκες and σύνεδροι.—καταστήσω is not strictly appoint, as the officers here mentioned were elected by lot (κυαμεύονται), but their δοκιμασία was tried before a jury. κυαμεύονται] Xen. Mem. I. 2 § 9 of the charges against Socrates ; λέγων ὡς μωρὸν εἴη τοὺς μὲν τῆς πόλεως ἄρχοντας ἀπὸ κυάμου καθιστάναι, κυβερνήτῃ δὲ μηδένα ἐθέλειν χρῆσθαι κυαμευτῷ. The verb appears to occur only here: the κύαμος or lot is to be distinguished from the ballot (κρύβδην ψηφίζεσθαι). ταύτῃ τῇ ἡμέρᾳ] With such a writer the question between ταύτῃ τῇ ἡμ. and τῇ αὐτῇ ἡμ. is not historically important. He may have thought that all these offices were filled up by lot 'on the same day:' or that the Heliast first entered upon his duties on the day of the election of magistrates, and so swore to scrutinise faithfully all who should be elected on this day.' The Heliast took the oath once for all at the beginning of his year of office (above §§ 21, 58). The case of Evander on his δοκιμασία for the archonship (§ 138 n.) was heard on the last day but one of the outgoing year; it is not likely, therefore, that it was tried before Heliasts who had just been sworn in. καὶ κήρυκος καὶ πρεσβείας καὶ συνέδρων] These words as they stand do not seem to be capable of any rational explanation. Το take πρεσβείας = πρεσβευτοῦ or πρέσβεων between two concrete nouns involves great harshness; and there would still remain the absurdity of supposing that ambassadors were chosen by lot among the annual magis αὐτὴν ἀρχὴν τὸν αὐτὸν ἄνδρα, οὐδὲ δύο ἀρχὰς ἄρξαι τὸν αὐτὸν ἐν τῷ αὐτῷ ἐνιαυτῷ· οὐδὲ δῶρα δέξομαι τῆς ἡλιάσεως ἕνεκα οὔτ ̓ αὐτὸς ἐγὼ οὔτ ̓ ἄλλος ἐμοὶ οὔτ ̓ ἄλλη εἰδότος ἐμοῦ, οὔτε τέχνῃ οὔτε μηχανῇ 151 οὐδεμιᾷ. καὶ γέγονα οὐκ ἔλαττον ἢ τριάκοντ ̓ ἔτη. καὶ ἀκροάσομαι τοῦ τε κατηγόρου καὶ τοῦ ἀπολογουμένου ὁμοίως ἀμφοῖν, καὶ διαψηφιοῦμαι περὶ αὐτοῦ f τε om. Z Bekk. Bens. cum Σ. trates, and before it was known what embassies would be wanted. We know that, in fact, they were chosen by vote of the Ecclesia as occasion demanded, and (the Athenians not being devoid of common sense) for their personal qualifications. To get over this difficulty, Reiske proposes to translate the words * heralds (praecones) whether of embassies or of synedri:' making the words refer to two distinct classes of κήρυκες. This sense would be badly expressed, and not much more satisfactory; it is safer to conclude that the writer did not know his own meaning. The κήρυκες were of various kinds (1) mere 'criers' in the market, a poor and despised class working hard for small gains: Demosth. c. Leochar. p. 1081 § 4 διατελεῖ γὰρ ἐν Πειραιεῖ κηρύττων· τοῦτο δ ̓ ἔστιν οὐ μόνον ἀπορίας ἀνθρωπίνης τεκμήριον, ἀλλὰ καὶ ἀσχολίας τῆς ἐπὶ τὸ πραγματεύεσθαι· ἀνάγκη γὰρ ἡμε ρεύειν ἐν τῇ ἀγορᾷ τὸν τοιοῦτον. (2) ὑπηρέται or underlings of the magistrates, κῆρυξ ἄρχοντος Corp. Inscript. No. 181, 182; κῆρυξ βούλης τῆς ἐξ ̓Αρείου πάγου, ibid. No. 180, 181; and others. (3) of a higher rank were the κῆρυξ τῆς βουλῆς καὶ τοῦ δήμου, and the ἱεροκήρυξ of the Eleusinian mysteries. συνέδρων] § 127 n. οὔτ ̓ ἄλλος ἐμοὶ οὔτ ̓ ἄλλη] ' nor shall any other man or woman accept a bribe on my account with my knowledge.' K. In good Greek this would be ὑπὲρ ἐμοῦ: there is a well-known poetical use of the dative after δέχεσθαι in the sense at the hands of,' and so='from.' § 151. τριάκοντ ̓ ἔτη] The Athenian citizen, coming of age at 18, served in the home army for two years as a περίπολος, and enjoyed the franchise in the Ecclesia at 20. Ten years more were to elapse before he became eligible as a dicast. καὶ ἀκροάσομαι] The jurors are reminded of this clause of the oath in the opening words of Aeschin. de F. L. and Demosth. de Cor. διαψηφιοῦμαι... ἡ δίωξις ᾖ] Ι will decide strictly on the question of the suit:' on that exact question (περὶ αὐτοῦ) and no other. The simple verb_ψηφιοῦμαι is required: cf. Dict. Antiq. s. v. Diapsephisis.' ἐπομνύναι] This correction of Bekker's avoids the improper use of the middle voice (§ 149 n.), and brings the construction into conformity with ἐπαρᾶσθαι. |