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I

LIV.

ΚΑΤΑ ΚΟΝΩΝΟΣ ΑΙΚΙΑΣ.

ΥΠΟΘΕΣΙΣ.

Αρίστων Αθηναῖος δικάζεται Κόνωνι αἰκίας, λέγων ὑπ ̓ αὐτοῦ καὶ τοῦ παιδὸς αὐτοῦ τετυπτῆσθαι, καὶ μάρτυρας τούτου παρεχόμενος. ὁ δὲ Κόνων ἀρνεῖται τὸ πρᾶγμα καὶ μάρτυρας ἀντιπαρέχεται, οὓς ὁ Δημοσθένης οὔ φησι πιστούς βεβιωκέναι γὰρ φαύλως 1256 καὶ εὐχερῶς ἔχειν πρὸς τὸ ψεύδεσθαι.

Ὑβρισθεὶς, ὦ ἄνδρες δικασταὶ, καὶ παθὼν ὑπὸ

Argument 1. 2. τετυπτῆσθαι.] In Classical Greek, we should have had the phrase πληγὰς εἰληφέναι. The tenses from * τυπτέω, with the exception of the future τυπτήσω (used in Attic Prose and Comedy), are characteristic of late Greek. Thus, in the first Argument to the Midias, we have τετύπτηκεν and τετυπτημένος, and in Lucian (Demonax $ 16) we read: ἐπεὶ δέ τις ἀθλητὴς... ἐπάταξεν αὐτὸν εἰς τὴν κεφαλὴν λίθῳ καὶ αἷμα ἐρρύη, οἱ μὲν παρόντες ἠγανάκτουν ὡς αὐτὸς ἕκαστος τετυπτημέ vos, where ἐπάταξεν is correctly used (as in Classical Greek Prose) instead of the aorist active of τύπτω, while τετυπτημένος is only a late form, for which writers of the best age would have written either πεπληγμένος οι πληγὴν είληφώς.

The κατὰ Κόνωνος affords an instructive study on this point

of Greek usage, as will further
appear in Excursus (4) at the
end of the speech.

6. εὐχερῶς ἔχειν κ.τ.λ. ] ‘make
no difficulty about lying.' Or. 21
(Meid.) § 103, τὸν μιαρὸν καὶ
λίαν εὐχερῆ, τὸν κονιορτὸν Εὐκτή-
μονα. Το ῥᾳδίως ὀμνύναι infra
§ 39. P.]

§§ 1,2. I was grossly assaulted by the defendant Conon, and, for a very long time indeed, my life was despaired of. When I was restored to health and strength, instead of going beyond my years by bringing against him a public indictment for brutal outrage, I followed the advice of my friends and took the easier course of instituting a private suit for a

common

assault. I ask for your indul-
gent hearing, while I briefly
relate to you my wrongs, and
I trust that, if I prove my case,
you will help me to my rights.
1. ὑβρισθεὶς—ταυτηνί.] The

Κόνωνος τουτουί τοιαῦτα ὥστε πολὺν χρόνον πάνυ μήτε τοὺς οἰκείους μήτε τῶν ἰατρῶν μηδένα προσδοκἂν περιφεύξεσθαί με, ὑγιάνας καὶ σωθεὶς ἀπροσδοκήτως ἔλαχον αὐτῷ τὴν δίκην τῆς αἰκίας ταυτηνί. πάντων δὲ τῶν φίλων καὶ τῶν οἰκείων, οἷς συνεβουλευόμην, ἔνοχον μὲν φασκόντων αὐτὸν ἐκ τῶν πεπραγμένων εἶναι καὶ τῇ τῶν λωποδυτῶν ἀπαγωγῇ καὶ ταῖς τῆς

opening sentence is best rendered by treating ὑβρισθεὶς and παθὼν as principal verbs, and beginning a fresh sentence with the word ὑγιάνας, e. g. I was the victim of wanton outrage, and I suffered such maltreatment at the hands of Conon the defendant, that, for a very long time indeed, neither my friends nor any of my medical attendants expected my recovery. Contrary to expectation, I was restored to health and strength; and I thereupon brought against him the present action for the assault in question.'

This exordium is quoted by the rhetorician Hermogenes as an example of perspicuity and directness of expression. (καθαρότης. Spengel, Rhetores Graeci II. 276.) Here, as in Or. 45, the keynote of the whole speech is struck by the opening word, ὑβρισθείς.

πολὺν χρόνον πάνυ.] For this position of πάνυ, separated from πολὺν, the word which it obviously qualifies, cf. Plato, Hipp. Μaj. 282 Ε ἐν ὀλίγῳ χρόνῳ πάνυ and (Dem.) Prooem. 18 βραχύ τί μοι πεισθῆτε πάνυ.

ἔλαχον...δίκην.] lit. obtained his suit by lot,' 'had it allotted to him,' i. e. 'obtained leave (from the Archon) to bring this action.' Where several lawsuits were instituted at

the same time, the Archon decided by lot the order in which they were to be heard (κληροῦν τὰς δίκας); hence the applicant for leave to bring an action is commonly said λαγ χάνειν δίκην.

τῆς αἰκίας.] ‘the assault in question.' Ariston, as he further explains in the next sentence, is bringing against Conon a private suit for assault (αἰκίας δίκη), instead of a public indictment for wanton outrage (ὕβρεως γραφή). The penalty in the former was light, namely, a pecuniary fine paid to the plaintiff; in the latter, it was either a fine paid to the state, or, in extreme cases, death. The former implied that the complainant had been simply assaulted and struck, the latter that he had been subjected to malicious and brutal indignities.

αἰκία διαφέρει ὕβρεως, ὅτι αἰκία μὲν ἡ διὰ πληγῶν, ὕβρις δὲ καὶ ἄνευ πληγῶν μετὰ προπηλακισμοῦ καὶ ἐπιβουλῆς· διὸ καὶ εὐθῦναι ἐλάττονες τῆς αἰκίας (Lexica Segueriana p. 355).

συνεβουλευόμην...συμβουλευόντων.] 'consulted'... 'counselled. The active and middle senses of this verb are also found side by side in Xen. An. II. 1. 17, ξυμβουλευομένοις ξυνεβού λευσε τάδε.

τῇ τῶν λωποδυτῶν ἀπαγωγῇ.]

ὕβρεως γραφαῖς, συμβουλευόντων δέ μοι καὶ παραινούντων μὴ μείζω πράγματα ἢ δυνήσομαι φέρειν ἐπάγεσθαι, μηδ' ὑπὲρ τὴν ἡλικίαν ὧν ἐπεπόνθειν ἐγε καλοῦντα φαίνεσθαι, οὕτως ἐποίησα καὶ δι ̓ ἐκείνους ἰδίαν ἔλαχον δίκην, ἥδιστ ̓ ἂν, ὦ ἄνδρες Αθηναῖοι,

The

'the summary process directed against footpads,' i. e. 'summary arrest and imprisonment for highway robbery.' plaintiff's friends meant that Conon might have been captured flagrante delicto, and carried off to prison as a λωποδύτης (lit. ‘a clothes-stealer). According to the plaintiff's subsequent statement, this would be actually true, as Conon and his friends had stripped him of his cloak and carried it off (§ 8 ἐξέδυσαν, and § 10 ἀπεκομίσθην γυμνὸς, οὗτοι δὲ ᾤχοντο θοιμάτιον λαβόντες μου). Cf. Isocr. de perm. § 90, τοῦτον ἀπαγαγὼν ἀνδραποδιστὴν καὶ κλέπτην καὶ λωποδύτην, Dem. Or. 22 § 26, Aeschin. Timarch. § 91 and Lysias Or. 10 § 10.

ὕβρεως γραφαΐς.] here contrasted with αἰκίας δίκη.—Harpocr. γραφή δημοσίου τινος ἐγκλήματος ὄνομα. δίκη· ἰδίως λέγεται ἐπὶ ἰδιωτικῶν ἐγκλημάτ των, ὡς σαφὲς ποιεῖ Δημοσθένης ἐν τῷ κατὰ Κόνωνος.

[The plural γραφαι shows that more than one public indictment could have been framed. See also Or. 21 (Meid.) § 28, καὶ δίκας ἰδίας δίδωσιν ὁ νόμος μοι καὶ γραφὴν ὕβρεως. P.]

ἐπάγεσθαι.] • to take upon my shoulders a greater burden than I should be able to bear."

—πράγματα, in taking legal action. P.]

ὑπὲρ τὴν ἡλικίαν—φαίνεσθαι.]

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young man like Ariston would find himself in an awkward and invidious position, as prosecutor in so ambitious a case as 2 γραφὴ ὕβρεως, not to mention his being unequally matched against an unscrupulous opponent who was older than himself and had numeconnexions to support him. He would also be deterred (though he does not here confess it) by the rule requiring the prosecutor to pay a fine of a thousand drachmae in the event of his not obtaining at least one-fifth part of the votes.

rous

The construction is, έγκαλοῦντα τούτων ἃ ἐπεπόνθειν.

[ὑπὲρ τὴν ἡλικίαν may mean, 'beyond the resentment suited to my years,' implying that a young man ought to put up with a little affront, and not make a serious matter of it. P.]

ἰδίαν.] ἀντὶ τοῦ ἰδιωτικὴν Δημοσθένης ἐν τῷ κατὰ Κόνωνος. ἐλέγετο δὲ τὸ ἴδιον καὶ ἰδιωτικὸν ὡς ὁ αὐτὸς ῥήτωρ ἐν τῷ κατὰ Ζηνόθεμιν (§ 32 πρᾶγμα ἴδιον). Harpocration.

[ἥδιστ ̓ ἂν κρίνας, for καίτοι ἥδιστ ̓ ἂν ἔκρινα, well illustrates

2 θανάτου κρίνας τουτονί. καὶ τούτου συγγνώμην ἕξετε, εὖ οἶδ' ὅτι, πάντες, ἐπειδὰν ἃ πέπονθ ̓ ἀκούσητε δεινῆς γὰρ οὔσης τῆς τότε συμβάσης ὕβρεως οὐκ ἐλάττων ἡ μετὰ ταῦτ ̓ ἀσέλγειά ἐστι τουτουί. ἀξιῶ δὴ 1257 καὶ δέομαι πάντων ὁμοίως ὑμῶν πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου περὶ ὧν πέπονθα λέγοντος, εἶτ ̓, ἐὰν ἠδικῆσθαι καὶ παρανενομῆσθαι δοκῶ, βοηθῆσαί μοι τὰ δίκαια. ἐξ ἀρχῆς δ ̓ ὡς ἕκαστα πέπρακται, διηγήσομαι πρὸς ὑμᾶς, ὡς ἂν οἷός τε ὦ διὰ βραχυτάτων.

3

Ἐξήλθομεν, ἔτος τουτὶ τρίτον, εἰς Πάνακτον φρου

the fondness of the Greeks for participial construction. The sense is, though I would most gladly have brought him to trial on the capital charge.' P.]

θανάτου.] The penalty of death was inflicted in cases of λωποδυτῶν ἀπαγωγή, and even in special cases of ὕβρεως γρα φή. For the former, cf. Xen. Mem. I. 2. 62, ἐάν τις φανερὸς γένηται λωποδυτών ἢ βαλαντιοτομῶν ἢ τοιχωρυχῶν, τούτοις θάνατός ἐστιν ἡ ζημία, and for the latter, Lysias, fragm. 44, καίτοι τις οὐκ οἶδεν ὑμῶν ὅτι τὴν μὲν αἰκίαν χρημάτων ἔστι μόνον τιμῆσαι, τοὺς δὲ ὑβρίζειν δόξαντας ἔξεστιν ὑμῖν θανάτῳ ζημιοῦν.

2. δεινῆς—τουτουί.] The original outrage, atrocious as it was, does not surpass the subsequent brutality of the defendant.' See § 26. The first clause may perhaps be taken as a genitive absolute.

παρανενομῆσθαι.] The passive is formed just as if the verb were directly transitive in the active, i.e. as if the active construction were παρανομεῖν τινα, and not εἴς τινα. So also the active παροινεῖν εἴς τινα has παροινεῖσθαι for its correspond

ing passive. (See below § 4
init. and § 5 fin.)

βοηθῆσαί μοι τὰ δίκαια.] ‘as-
sist me to my rights.' For the
phrase and the context, cf.
Or. 27 § 3 δέομαι ὑμῶν..μετ'
εὐνοίας τ ̓ ἐμοῦ ἀκοῦσαι κἂν ἠδι
κῆσθαι δοκώ, βοηθῆσαί μοι τὰ
δίκαια, ποιήσομαι δ' ὡς ἂν δύνω
μαι διὰ βραχυτάτων τοὺς λόγους.
A fuller phrase may be noticed
in $ 42 of this speech, βοηθεῖν
καὶ τὰ δίκαια ἀποδιδόναι.

The exordium has several points of coincidence with that of Or. 45. See p. 50.

In the next four sections the plaintiff states the origin of the bad blood between the defendant's family and himself. The narrative, though part of the διήγησις which naturally follows immediately after the προοίμιον of a forensic speech, is only preliminary to the recital of the facts on which the suit is really founded. It is to this portion of the statement of the case that Rhetoricians like Theodorus of Byzantium would have given the name of προδιήγησις (Arist. Rhet. III. 13).

§§ 3-6. Two years ago, we

were ordered out to Panactum

ρᾶς ἡμῖν προγραφείσης. ἐσκήνωσαν οὖν οἱ υἱεῖς οἱ Κόνωνος τουτουὶ ἐγγὺς ἡμῶν, ὡς οὐκ ἂν ἐβουλόμην

ἡ γὰρ ἐξ ἀρχῆς ἔχθρα καὶ on garrison duty, and, as ill luck would have it, the sons of Conon pitched their tents close to our own. They picked quarrels with our servants and were persistently guilty of drunken and indecent conduct at the expense of our attendants and ourselves. My messmates and myself represented the case to the general, and he reprimanded them severely for their treatment of ourselves and for their misbehaviour in the camp. Notwithstanding, they burst in upon us on that very evening and violently assaulted us; indeed serious consequences might have ensued, but for the arrival of the officers on the scene of disorder. On our return to Athens, there was naturally some ill blood between Conon's sons and myself, but I simply made up my mind to have nothing more to do with them. However, as the result proved, my collision with the sons in the camp led to my being grossly maltreated by their father the defendant, who instead of rebuking his sons for the original outrage, has himself been guilty of a much more shameful aggression.

3. ἔτος τουτὶ τρίτον.] ‘two years ago' (sc. ἐστί). Dem. Olynth. 3 § 4 ἀπηγγέλθη...τρίτον ἢ τέταρτον ἔτος τουτὶ, Ηραῖον τεῖχος πολιορκών.

The present passage places the date of the speech in the 'third year after,' or, as we should say, 'two years after,' an expedition to Panactum, a fort on the borders of Attica and Boeotia. Of such an expedition we read in Or. 19 (de

τὰ προσκρούσματ ̓ ἐκεῖθεν

fals. leg.) § 326, περὶ τῆς πρὸς Πανάκτῳ χώρας μεθ ̓ ὅπλων ἐξερχόμεθα, ὃ ἕως ἦσαν Φωκείς σῷοι οὐδεπώποτ' ἐποιήσαμεν. If these expeditions are identical, the speech was delivered in B. C. 343 or 341, according as we place the historical event in B. C. 345 (with Clinton) or 343 (with Westermann).-A. Schaefer, however, plausibly connects the event in question with certain military operations in B. C. 357, and thus obtains for the date of the speech B. c. 355, the year before the delivery of the orations against Leptines and Androtion (Dem. und seine Zeit, III. 2. 251).

On Panactum, or Panactus, Harpocration has this article: Πάνακτος" Δημοσθένης κατὰ Κόνωνος πόλις ἐστὶ μεταξὺ τῆς Αττικῆς καὶ τῆς Βοιωτίας. He further notes that Thucydides makes the word neuter and Menander masculine.

φρουρᾶς..προγραφείσης.] being ordered out on garrison duty.' For προγράφειν, in the sense of 'putting up a public notices athead-quarters, compare Arist. Aves 448, ἀκούετε λεῴ· τοὺς ὁπλίτας νυνμενὶ | ἀνελομένους θῶπλ ̓ ἀπιέναι πάλιν οἴκαδε, | σκοπεῖν δ' ὅ τι ἂν προγράφωμεν ἐν τοῖς πινακίοις, and Aristotle ἐν ̓Αθηναίων πολιτείᾳ (quoted by Harpocration s. V. στρατεία), ὅταν ἡλικίαν ἐκπέμπωσι, προγράφουσιν ἀπὸ τίνος ἄρχοντος ἐπω· νύμου μέχρι τίνος δεῖ στρατεύεσθαι.

ὡς οὐκ ἂν ἐβουλόμην] sc. σκηνῶσαι αὐτοὺς, and would to heaven they had not!'

προσκρούσματα.] ‘collisions. Οr. 39 § 18, πολλοῖς προσκρούει

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