\ / 4 V**. THE ORATIONS Off DEMOSTHENES S) AGAINST LEPTINES, MIDIAS, ANDROTION, AND AEISTOCEATES. ♦ , 0^ tonslatpir, mitji BT CHARLES RANN KENNEDY. CDjTO;j CDLLF^ LIBRARjj I CHEl^Ts^UT j j|Sr. M(\2 s. f LONDON: HENRY G. BOHN, YORK STREET, COVENT GARDEN. 1856. BOSTON OOLLEGE LIBRARY CHE3THUT HILL. MASS. ( / I I \ \ lol-lBS CONTENTS. PAGE Orations :— Against the Law of Leptines. 1 Against Midias. 59 Against Androtion.138 Against Aristocrates.164 Appendices :— I, Character of the Leptinean Oration ....... 235 11. The Official Services 242 III. Resident Aliens.251 IV. The Archons.25,^ V. Harmodius and Aristogiton.261 VI. Athenian Festivals.27C VII. The Drama.308 VIII. Criminal Procedure.32( IX. Civil Procedure.37; X. Ai’bitration.395 XL Clubs.403 THE ORATIONS OF DEMOSTHENES. THE ORATION AGAINST THE LAW OF LEPTINES. THE ARGUMENT. Leptines in the year b.c. 356 passed a statute, enacting that no person in Athens, whether citizen, denizen, or alien, should enjoy exemption from the ordinarj’" public burdens, saving only the descendants of Harmodius and Aristogiton; and that it should not be lawful for the people in future to grant any such exemption ; and that whoever petitioned for it should be liable to disfranchisement and other severe penalties. Such was the substance of the statute, fragments of which are found in different parts of the speech of Demosthenes. The public burdens to which the law of Leptines principally related are the offices, which men of competent fortunes at Athens were liable to serve, of Choragus, Gymnasiarch, and Feaster of the tribe: of which a brief account is given in an appendix. Exemption from these burdens was sometimes granted by popular decree to men who Lad deserved well of the state ; and not unfrequently it was extended to their children. About the time that Leptines introduced his law it seems to have been thought, that the people had granted this dis¬ tinction too inconsiderately and too often, and that many unworthy ' persons were in the enjoyment of it. The commonwealth was greatly impoverished by the losses of the Social war, and difficulties'occmred in providing for the expenses of those festivals which contributed so much to the instruction and amusement of the Athenian people. Men whose means were not affiuent considered themselves aggrieved, if they were selected -to bear these charges, and endeavoured to shift them on their neighbours, while they looked with an evil eye upon a fortunate few, who possessed the privilege of immunity. Leptines introduced his law principally as a measure of relief, that the state might not be deprived of services which she had a right to exact, and which the privileged persons were well able to perform. He contended, that the burden of these services ought to fall equally upon all; that persons who had obtained immunity without having VOL. III. B - 2 THE ORATIONS OF DEMOSTHENES. deserved it, or had afterwards proved themselves unworthy of it by their life and conduct, ought to be deprived : and as the people were so liable to make improvident grants through the influence of de¬ ceiving orators, it was better that they should divest themselves of the power. That there was no necessity for retaining it, was proved by the example of Lacedaemon and Thebes, and also by the practice of their own ancestors, who never adopted this method of re-warding distinguished citizens. There were other rewards for merit, such as crowns, statues, and maintenance in the Prytaneum, which the pro¬ posed law would not affect: it took away only those which were of little value for the honour they conferred, and the existence of which was injurious to the state. Such were the arguments by which Lep- tines induced the people of Athens to accept his law. Before the year had expired, an indictment was prefeiTed against him by one Bathippus, for the purpose of quashing the new law as unconstitu¬ tional and improper, and also of punishing him as the author of it. Bathippus died before the indictment was brought to trial; and the advocates who were associated with him dropped further proceedings. After the expiration of the year, when by the law of Athens LeiAines himself was safe from all personal danger, though his statute was still liable to impeachment, (as explained in Vol. II. Appendix VII.) Aphepsion, the son of Bathippus, and Ctesippus, the son of Chabrias, undertook to procure its repeal by a jury. Ctesippus was personally interested in the matter; for he had inherited from his father the immunity which was abolished. These young men, not feeling themselves equal to the task of pleading in court, engaged the assist¬ ance of Phormio and Demosthenes; a practice which was very common at Athens. On the other hand four advocates, besides Leptines, were appointed by the state to defend the law. Aphepsion, as the elder of the two prosecutors, being entitled to begin, Phormio opened the case for him. Demosthenes followed on behalf of Ctesippus. A sketch of his principal arguments is subjoined ; It was not just, (he contends,) to deprive the people of their power to bestow honours because they had sometimes granted them improvi- dently. On the same principle all their constitutional rights might be taken away, because they were not always wisely exercised. They ' should rather make regulations to prevent the people from being deceived in future, and for punishing the authors of the deceit. It was better that a few unworthy persons should receive honours, than that no honour at all should be conferred: for in the last case there was no stimulus to patriotism. It would be disgraceful to violate the national faith by revoking their own gifts. No pecuniary gain could recompense them for the dis¬ honour that would attend such an act. People should maintain the same integrity in their public as in their private dealings. It had been the practice of the Athenians in former times to prefer faith and justice to every other consideration. The gifts of a democratical government had formerly been regarded as more secure than those of despots and oligarchs. The law of Leptines would deprive them of this distinction. The advantage that would accrue to the state by abolishing .the AGAINST THE LAW OF LEPTINTES. 5 immunities had been greatly overrated. The number of persons enjoying them was very small. There was no exemption allowed, from the trierarchy or the property tax, which were the most im¬ portant of the public services. Those who were called upon to serve as trierarchs were by the ancient law free from the ordinary duties; so that the richest citizens would not be reached by the law of Leptines. The public treasury v/ould gain nothing at all by it; for the money spent on the offices of Choragus, &c. went merely to the shows and amusements. The commonwealth would really benefit by the savings of the few privileged parties; because they would have larger means of contributing to the war-taxes, which provided for the national safety. The general words of the law, which took away immunities of every kind, and from all persons, whether citizens, denizens, or alieus, would include many distinguished foreigners, who had exhibited their friendship to Athens in signal acts of generosity, and had received in return the grant of exemption from such imposts and payments as they would othemise have been liable to. Among other examples he specially notices the case of Leucon, king of the Bosporus, from whose country the Athenians then exported a large quantity of corn duty-free, an advantage of which the new law would deprive them : and Epicerdes, the Cyrensean, who had made gifts of money to Athens in the times of her greatest distress. Not only would it be an act of base ingratitude, to requite such benefactors in the manner proposed, but it would discourage all other people who might be inclined to befriend them in the hour of need. However unworthy some persons who enjoyed the immunity might be, it was too late to raise that question now. The time for such inquiry was when the honour was conferred. To take it away after it had been given would. look like envy and malice. Moreover, the state was not to judge of merit on the same principles as a private indi¬ vidual. A public benefactor might deserve to be rewarded by his country, though his private character was not free from reproach. Conon and Chabrias were noble examples of men who had deserved well of their country, and whose children ought not to be deprived of the rewards bestowed upon them for acknowledged services. The orator recounts these services at some length. Conon had been honoured by foreign states, who never thought of rescinding what they had done in his favour. Would the Athenians be less grateful to their own citizen than foreigners had been ? Chabrias had lost his life in battle; and even the Chians, against whom he fought, had not revoked the honours which they had voted to him in former times. It would be peculiarly cruel to rob his son of a privilege earned by the very valour which had made him an orphan. The parties impeaching the law had themselves introduced another, which, while it avoided the injustice done by Leptines, would correct all the abuses of which he complained; for it secured to well¬ deserving persons the enjoyment of their fairly-earned privileges, but authorized legal proceedings to be taken by which the unde¬ serving would be deprived. They had adopted the constitutional course, of impugning the adverse law and at the same time pro- B 2 4 THE ORATIONS OF DEMOSTHENES. posing another in its place : Leptines had deviated from the consti* tutional practice, by passing an act at variance with another existing one, which declared “ that the gifts of the people should be valid.” There were some other legislative regulations which Leptines had not complied with. The same verdict which repealed his law would establish the one proposed in its stead: but, if there was any doubt upon this point, they pledged themselves, if necessary, to get it passed. With respect to the argument, that there were no such immunities at Thebes or Lacedaemon, he shows, that the laws and customs of those states and the temper and feelings of the people were so different from the Athenian, that they formed no proper subject of com¬ parison. And as to the practice of their ancestors : if they did not give immunities, they gave other rewards to eminent citizens. Customs varied at different eras: but at all events their ancestors did not take away what they had once granted. It was true that crowns, statues, and maintenance in the Prytaneum were left untouched by Leptines; but the public faith would equally be shaken, and the higher honours would be rendered insecure by the abolition of the smaller. Besides, it was to the advantage of the state, that there should be different classes of honours to reward different degrees of merit. And it was a poor consolation to those who lost what had been given them, that there was something better left for others to enjoy. Leptines would endeavour to mislead the jury by classing the ordinary official services among those of religion. They were not to be confounded. Had the two classes of duties been the same, the descendants of Harmodius and Aristogiton could not have been excepted from the operation of the law: for their ancient grant of immunity did not extend to religious services. It would be said also, that there were multitudes of foreigners claiming immunities under false pretences. Demosthenes cautions his hearers against being deceived by any vague assertions of this kind: after which he returns to general topics, urging them to rescind a law which could answer no good purpose, and was injurious to the national character. He shows by reference to their laws and customs, that the Athenians had always been distinguished for their love and admiration of virtue, and also for justice, generosity, and magna¬ nimity. I They should maintain that honourable reputation, and not forfeit their title^to it, in order that Leptines might wreak his malice upon some private enemies. It might be better, he suggests, even for Leptines himself to abandon his law, lest by abolishing the rewards of merit he should make it appear that he had no desire to be a benefactor of his country. He shows some special reasons for not listening to the advocates who were associated with Leptines, and urges one objection which applied • to all of them, viz. that they had been appointed for a similar pur¬ pose before, and the Athenian law did not allow a man to act in that capacity more than once. Tlie statute was bad on this further ground, that it visited with several penalties the trivial offence of petitioning the people for a privilege. AGAINST THE LAW OP LEPTINES. 5 contrary to an express law, which forbade more than one punishment to be inflicted for any crime, even the most heinous. Lastly, it was highly reprehensible in seeking to bind the people for ever to a practice which might not suit all times and circumstances^ The future was uncertain: it was impossible to see what measures- might become necessary hereafter. Citizens like Harmodius and Aristogiton might again be needed. They should not be forbidden to reward such men with the same honours as their predecessors. Leptines had not taken the casualties of human life into account: the spirit of his legislation was arrogant and offensive to Nemesis. He concludes with a brief peroration, summing up the general advan¬ tages to be obtained by a decision in his own favour, and the disad¬ vantages of an opposite course. We are assured by Dio Chrysostom, that these arguments prevailed with the Athenians, and that the law of Leptines was repealed. Some doubt has indeed been thrown upon this statement by Chris¬ topher Wordsworth in his interesting work upon Athens, which I shall notice further in the first Appendix to this volume. It was chiefly, men of the jury, because I deemed it good for Athens that the law should be repealed, but partly on account of the son of Chabrias,^ that I engaged to support these men to the utmost of my ability. It is plain enough, men of Athens, that Leptines, or whoever else defends the law, will have nothing to say for it on the merits, but will allege that certain unworthy persons obtaining immunity have evaded the public services, and will lay the greatest stress upon this point. I will pass by the injustice of such a proceeding—for a complaint against some to take the honour from all: for it has in a manner been explained,^ and is doubtless acknowledged by you: but this I would gladly ask him.—Granting most fully, that not some but all were unworthy, why did he consider that you and they were to be dealt with alike? By enacting that none should be exempted, ^ Ctesippus, the son of Chabrias, degenerating from his father’s virtues, became notorious as a spendthrift and a profligate. After squandering all his property, he even sold the stones of his father’s monument, which the Athenians had erected at an expense of a thou¬ sand drachms. His name became a by-word among the comic writers. Phocion, as we have seen (Vol. II. p. 324), vainly endeavoured to reform him. It does not appear whether he had exhibited his vicious pro¬ pensities at the time when Leptines passed the law. Plutarch says, that Demosthenes undertook the^ present cause to please the mother of Ctesippus, whom he was then courting; though he did not marry her after aU, but espoused a Samian woman. Dinai’chus asserts that he lent his services to Ctesippus for a fee, as he did to many others. ^ By Phormio, in the opening speech. i THE ORATIONS OF DEMOSTHENES. 6 he took the exemption from those that enjoyed it; by adding that it should be unlawful to grant it hereafter, he deprived you of the power of granting. He cannot surely say, that, as he deprived the holders of their privilege, because he deemed them unworthy of it, in the same manner he thought the people unworthy to have the power of giving their own to whom they pleased. But possibly he may reply, that he framed the law so, because the people are easily misled. Then what prevents your being deprived of everything, yea, of the government itself, according to such argument^ For there is not a single department of your affairs in which this has not happened to you. Many decrees have you at various times been entrapped into passing. You have been persuaded ere now to choose the worse allies instead of the better. In short, amid the variety of your measures, there must, I con¬ ceive, happen something of this kind occasionally. Shall we therefore make a law, prohibiting the council and the people liereafter from passing bills and decrees ? I scarcely think so. We ought not to be deprived of a right, in the exercise of which we have been deceived: rather should we be instructed how to avoid such error, and pass a law, not taking away our power, but giving the means of punishing those who deceive us. Dismissing this point however, if you consider simply, which is the more advantageous;—that you should be com-^ petent to bestow the honour, but should sometimes be led into error and bestow it upon worthless parties; or that, by reason of the prohibition, you should be unable to reward even one you know to be deserving ;—you will find the former is more to your advantage. Why ? Because, by honouring too great a number, you incite many to serve you; but by giving nothing, even, to the deserving, you will deter all from the ambition. And for this reason besides:—they who have honoured unworthy parties may get the character of sim¬ plicity; but they v^ho do not justly requite their benefactors hav^ the reputation of meanness. In the same degree then as it is better to be esteemed simple-minded than base, it is more honourable to repeal the law than to enact it. Neither does it seem rational, 0 Athenians, when I come to think of it, that, because he objects to some men having the privileges which have been granted them, he should deprive .really deserving men of their honours. For if, as Leptines I AGAINST THE LAW OP LEPTINES. i argues, there are worthless and good-for-nothing people not¬ withstanding these grants, what must we expect, when good men will have no manner of advantage 1 And further you should bear in mind, that by the present laws, which have long been in force, and the propriety of which even my adversary will not dispute, each man takes the public offices every other year, so that he is exempt for half of his time.^ Then, when a moiety of this exemption is enjoyed by all, even by those who have never rendered you a mite of service, should w^e take away from our benefactors the additional fraction that we have bestowed upon them? Never! It were neither honourable in itself, nor to you becoming. How can it be otherwise than disgraceful, O Athenians, that when a law has been passed commanding truth to be spoken in the market-place, in matters wdiere the public is not hurt if a man tells a falsehood, the common¬ wealth, which has herself imposed this command upon private citizens, does not observe the law in affairs of state, but has defrauded her benefactors, even though she will suffer for it greatly. For you have to consider, not merely whether you lose mone}’’, but wffiether you lose also a good name, which you are more anxious after than money j and not you only, but 3 'our ancestors, as I can prove: for, when they had got wealth in abundance, they , expended it all in the pursuit of honour: for glory’s sake they never shrank from an}’- danger, but persevered unto the last, spending even their private for¬ tunes.^ Instead of a good name, this statute fastens an oppro¬ brious one upon the commonwealth, unworthy both of your ancestors and j’ourselves. It begets three of the greatest reproaches—the reputation of being envious, faithless, un¬ grateful. That it is altogether foreign to your character, men of Athens, to establish a law like this, I will endeavour to prove in a few words by recounting one of the former acts of our state. The Thii-ty^ are said to have borrowed money from ^ See Appendix II. 2 He refers to the exertions of the Athenians in the last years of the Peloponnesian war. ^ Lysander persuaded the Lacedaemonians to lend a hundred talents to support the Tyrants in Athens, B. c. 403. Tlirasybulus with a hand of exiles had seized the Piraeus, and was joined by all the popular party. They defeated their opponents at Munychia, and killed Critia^s. A 8 THE ORATIONS OF DEMOSTHENES. the Lacedeemonians to attack those in Piraeus. When una¬ nimity was restored, and those troubles were composed, ^ the Lacedaemonians sent ambassadors and demanded payment of their money. Upon this there arose a debate; and some contended that the borrowers, the city party, should pay; others advised, that it should be the first proof of harmony to join in discharging the debt: the people, they say, deter¬ mined themselves to contribute and share in the expense, to avoid breaking any article of their convention. Then were it not shameful, 0 Athenians, if at that time you chose to con¬ tribute money for the benefit of persons who had injured you rather than break your word, yet now, when it is in your power without cost to do justice to benefactors by repealing the law, you should prefer to break your word? I for my part would not advise it.^ The character of the republic therefore, 0 Athenians, one may see both by the example which I have cited, and by new government of Ten was then established, in place of the Thirty. Lysander came to their assistance; but Pausanias, the Spartan king, who was opposed to the designs of Lysander, effected a reconciliation between the two Athenian parties, and, withdrawing the Peloponnesian troops, allowed the democracy to be reestablished. A general act oP amnesty, which was faithfully observed, secured the state against fur¬ ther civil broils. The repayment of the Spartan loan was a wise measure on the part of the Athenians, and is justly praised by the orators. Isocrates, in his Areopagitic Oration (p. 153), thus speaks of it:—• “ The victorious party who returned with arms in their hands (those in Piraeus, I mean,) having destroyed the principal authors of the public calamities, dealt so fairly and constitutionally with the rest, that the party who had driven them into exile fared no worse than they who returned. But the most noble and signal proof of the moderation of the people was this:—The party that abode in the city had borrowed a hundred talents from the Lacedaemonians, to besiege those who occu¬ pied Piraeus. An assembly was held to consider the question of repay¬ ment ; and many urged that the borrowers, and not the besieged party, should discharge the debt of the Lacedaemonians; but the people deter¬ mined to pay it by general contribution.” The orators, in speaking of these transactions, call the Tyrants and their party, oi 'TpiaKovra, ol iv darei, ol StTreoy, and the like; while they describe the popular party by the terms, ot Iv riejpotei, oi 4k Het- paicSs, oi KareKdovres, &c. ^ Tci TTpayfiara cKelua KareffTT}. Reiske: “ ad quietem et pristinum statum redierunt.” Auger : “ tout eut dt5 r^tabli.” Pabst: die Verfas- sung des Staats wieder geordnet warden war. 2 Schaefer: “ indignum censeo.” : ichmag nicht dieser Meinung ecyn . . AGAINST THE LAW OF LEPTINES. 9 many others, to be what I say, truthful and upright, looking not to pecuniary profit, but to what is honourable in action. Of the character of him who framed the law I know nothing in other respects; I say nothing against it, I am not aware of anything; yet judging by the law, I find it to be far different from yours. I say therefore, it would be more creditable for him to follow you in repealing the law, than for you to follow him in enacting it; and more advantageous to you both, if the state should have persuaded Leptines to appear like her, than if she were persuaded by Leptines to be like him. For be he ever so honest, as I am quite willing to admit, he is not better in character than the state. I think, men of. the jury, it will assist your deliberations upon the present question, when you learn also, that the peculiar feature, which makes the gifts of popular govern¬ ments superior to the gifts bestowed by others, is in danger of being destroyed by the law. In regard to the profit of those who receive their bounty, despots and oligarchs can reward the most highly; for they make whom they please imme¬ diately rich: but in regard to the honour and the security, you will find the gifts of popular governments are preferable. For that, instead of receiving the disgraceful meed of flattery, you are in a free state rewarded for merit, is a circumstance of glory: and it seems better to get the willing admiration of your equals, than to receive anything from a master. In despotic governments fear of the future is paramount to pre¬ sent obligation; but with you, whatever a man receives, he may hold safely—might at least in former times. This law therefore, which deprives gifts of their security, takes away the only advantage by which your gifts are distinguished: and, take from any government whatsoever the rule, that persons well-affected to the establishment shall be recompensed,—you will have taken away no slight protection of the government. Possibly however, to withdraw your attention from these points, Leptines will venture to say, that now the official burdens fall upon poor men, but by the present law the most wealthy will bear them. Specious enough to the ear so far : examine it closely however, and it will appear to be false. We have, as you know, services to be performed by the resident aliens and by the citizens, from each of which certain privileged persons have the exemption of which Leptines 1.0 THE ORATIONS OP DEMOSTHENES. deprives them. From contributions for war and the public safety, and from the service of the trierarchy, justly and pro¬ perly by our ancient laws no man is exempt, not even tliose whom Leptines proposed, the descendants of IJarmodius and Aristogitoii. Let us see then what additional parties^ he finds for us to perform those services, and how many he will let off, if we are against him. Our wealthiest men, constantly serving the trierarchy, stand exemj)ted from the ordinary burdens, while those who possess an insufficient in¬ come, having an exemption by necessity, are out of the reach of this liability:^ from neither of these classes therefore shall we gain a contributor through the law. Oh, but he introduces many new parties to perform the services of the resident aliens. Well: if he can show five, I admit myself to be talking nonsense. However I will assume this not to be so, but that, if the law be established, the resident aliens charged from time to time will be more than that number, and that no citizen will stand exempt by reason of the trierarchy. Let us see then what it will be to the commonwealth, if all these persons perform the ordinary official services. It will be found, I say, to be far from an equivalent for the disgrace that must ensue. Look at it in this way. Of the aliens there are exempt, let me suppose, ten: and decidedly, as I said just now, 1 don’t believe there are five. Of the citizens, I am sure, there are scarcely five or six. Of both then sixteen. Let us make them twenty, or if you like, thirty. Now let me ask, what is the number of persons who perform the regular services every year, choir-masters, gyrnnasiarchs, and feasters of the tribes % Perhaps sixty or a few more altogether. Then, in order that thirty or more persons may bear the charges during the whole time,^ should we cause all to regard us with mistrust ? Surely we know this, that, as long as the republic subsists, there will be plenty performing official services, and ^ Xoprjyovs (as F. A. Wolf observes) is here used in the wider sense, meaning not only the Chorarji, but those who contributed to th.e other ordinary services. Pabst: Spendenr/eher. ^ So Pabst: und sind von dem zwanrj dieser Besteurung ansgcachlos- sen. F. A. Wolf otherwise: “in hunc ceusum referri non posaunt; non pei-tineut ad eum hominum ordinem, qui uumera publica obire potest.” ^ Tliat is, during the time that it takes to go through all the persons liable to the charge. Thus, if the number of persons at Athena liable to AGAIXST THE LAW OF LEPTINES. 11 no failure of serviceable men, but none will be willing to confer a benefit upon us, when they see former benefactors wronged. Well: but if there were ever such a deficiency of parties able to serve, which, in the name of Heaven, would bo the better course—to bring the ordinary services into partnership, like the naval, or to deprive your benefactors of their gifts 1 I should think the former. As it is, he gives them a respite just for the time that each of these persons bears a charge d after¬ wards each of them will spend as much as before. In the other case, each paying a small contribution according to his means, no man would suffer any hardship, however little he possessed. There are persons however with so little of reason in them, 0 Athenians, that, although they venture not to contest these arguments, they make assertions of another kind—tliat it is monstrous, when the state has no funds of her own, that individuals should become rich by having got hold of an im¬ munity. It is not just to couple these things together.^ If a man has wealth without injuring you, surely one need not be charged were 600, and the persons annually charged 60, the law of Leptines, providing 30 more contributors, would give an average annual addition of 3, F. A, Wolf, in his Prolegomena, expresses a doubt whether Demo¬ sthenes has not understated the number of persons enjoying the exemption: “ Dubites, an hooc computatio h Demosthene bond fido facta sit, maxima de civibus. hTam si ipsam orationem sequamur in iis, quse de immunibus civibus habet, horum major numerus colligetur. At esset mirum tamen in tali re fallere velle populum.” It has been sug¬ gested that when Demosthenes says, there are hardly five or six citizens exempt, he means not those who have the grant of exemption by law, but those who enjoy their exemption entirely by vii’tue of the grant, excluding (according to his previous calculation) those rich enough to be trierarchs, or too poor to be charged with any service. Such a meaning however cannot fairly be got from the words areXeTs cicri. ^ Leptines eases the general body of men liable to serve for sucli time only as the new parties whom he introduces have the charge laid upon them. Thus—to take the number assumed in the last note— while the three additional parties, whom Leptines provides for the current year, are called upon to serve, some three persons out of the sixty cliargeable will be relieved for the time ; but their turn will soon come round again. 2 These two things, the poverty of the state and the immunity of certain individuals, have no proper connexion, and are only mentioned together to raise a prejudice. Auger and Pabst have missed the point of the sentence. Auger; “ ils ont tort dans ces deux points.” Pabst; mit UnrecJit behaupten sic Beides. ^ THE ORATIONS OF DEMOSTHENES. ,12 grudge it to him. If they can say he has obtained it fraudu¬ lently or in any improper way, there are laws by which they may punish him; but when they decline to take such course, they should forbear also to use this language. With reference to the state having no funds, you must consider, that you will be no better off by taking away the immunities: for these expenses have no connexion with the public revenues and treasures. And besides—there being now two advantages for the state,^ wealth and general confidence; the confidence that we actually enjoy is the more valuable. Yet if any one thinks, that, because we have no money, we ought likewise to have no good name, he reasons badly. My prayer to the gods is, that, if possible, we may have wealth also in abundance, but that at all events we may maintain our character of being trustworthy and truthful. But come, I will prove that the affluence, which my oppo¬ nents will tell you some men will derive from their relief, is to your advantage. You are of course aware, that no man is exempt from the navy-charge or the war-taxes. Well then: this man of wealth, whoever he is, will contribute largely to these expenses: no doubt of it. And all will agree, that our means of providing for these services ought to be the most ample: for by the expenditure in choral exhibitions pleasure is given to the spectators only for a brief portion of a day; but by unstinted supplies for the service of war safety accrues to the commonwealth for ever. So that as much as you relinquish here, you gain there; and you give by way of honour what, even if not given, may be had by those whose estate is equal to the trierarchy. That no man is exempt from the navy-charges, I believe you are all aware: however he shall read you the law itself. Take the navy law and read just that part : , THE LAW. “And none shall be exempt from the trierarchal service except the nine archons.” ^ That is, two advantages which the state may possess, or may seek to possess. Auger translates it with much clearness : “ Ajoutez que des deux avantages dont pent jouir notre ville, les richesses et la confiance des peuples, la confiance qu’on a maintenant en elle est le plus pr^cieux.” Pabst: Ausserdem, ist, wenn unser Staat zwischen den beiden Giitern, Vertrauen und Credit auf der einen Seite und Geldbesitz auf der andem Sdte die Wahl hat, Vertrauen und Credit fur ihn bei weitem mehr werth. AGAINST THE LAW OP LEPTINES. 13 You see, men of Athens, how clearly the law has expressed, that none but the nine archons- shall be exempt from the trierarchal service. Well then: they whose property is below the amount qualifying for the trierarchy pay a war-contribu¬ tion in the property tax: they who come up to the trierarchy will be serviceable to us for both purposes, the trierarchy and the property-tax. What ease then, Leptines, does your law give to the people, if it creates one choir-master ^ for one or two tribes, who, after once performing this service instead of some other party, will be free? I cannot see. It fills the whole city however with shame and mistrust. When there¬ fore the damage that it will do is far greater than the benefit which it brings, ought it not to be repealed in this court ? I should say so. Again, men of the jury: as there is an express clause in his statute, that no one, whether citizen, denizen,^ or alien, shall be exempt, but it does not say exempt from what, whe¬ ther from the office of choir-master or what other charge, but simply that no one shall be exempt but the descendants of Harmodius and Aristogiton; and as under the term “ no one'’ it comprehends all other persons in the world, and the term alien” it does not confine’ to those dwelling at Athens; it deprives even Leucon, ruler of the Bosporus/ and his ^ Perhaps, as Schaefer thinks, xopV7^*' may here again he used in the wider sense. The commentators torture their brains to make this square with the previous calculations of Demosthenes. There is no necessity for taking such pains. The orator speaks loosely in this pas¬ sage, but with sufficient precision for his purpose. 2 ’ItroreAwt'. (See Appendix III.) Leptines only meant by his law, that no one should be exempt from the ordinary services of Choregus, Gymnasiarch, &c., which were performed by citizens and other residents in Athens. The term dreArjs however, unrestricted by qualifying words, might extend to the customs and other imposts payable by foreigners trading with the Athenians; and therefore Demosthenes argues that Leucon, king of the Bosporus, would by the new law be deprived of his exemption from duties. Not having the whole of the statute before us, but only those parts of it which are quoted by Demo¬ sthenes, we are unable to judge whether his construction of this par¬ ticular clause be tne true one. There may have been words of recital in the introductory part of the statute, which showed the true applica¬ tion of the term dreAijs, according to the well-known maxim both of law and common sense, that the meaning of a doubtful expression may be gathered from the context. ^ The Tauric Chersonese, now the Crimea, was, as may be learned even from this passage, one of the principal granaries of Athens. The THE ORATIONS OF DEJIOSTHENES. 14 children of the gift that you bestowed upon tliem. For Leiicon, as you know, is by birth an alien, though by your adoption a citizen: in neither respect however can he have immunity according to this law. Now, whilst our other benefactors have each made themselves useful to us for a par¬ ticular period, Leucon, you will find, never ceases to confer benefits upon us, and such benefits as our country stands most in need of. You are of course aware, that we consume more foreign corn than any people in the world. But the com W’hich comes in from the Euxine equals the whole quantity that comes from other markets; and no wonder: not only because that district has an abundance of corn, but because first of the Gi’eeks who carried their commerce to these parts "were the Milesians, who at an early period established divers colonies on both sides of the Euxine sea, and penetrated as far as the Cimmerian Bos¬ porus, where they founded on the coast the cities of Panticapceum (or Bosporus) and Phanagoria. The commerce of the Euxine enriched Miletus, and preserved her influence over her colonies; until at last she fell under the Persian yoke, and this connexion was broken. "SMien Athens became a naval power, the whole coast from the Hellespont to the Pains Maeotis was visited by her merchants, who succeeded to the trade of the Milesians. From the Tauric Chersonese they exported not only coi’ii, but salt-fish, honey, wax, wool, hides, fleeces, timber, and slaves, (most of which articles are exported from the Crimea to this day;) and they imported in return the wines of Mende, Thasos, Cos, and other yEgaean islands ; and all kinds of manufactures from Athens, such as armoiu', cloth, leather, hardware, earthenware, sculpture, jewel¬ lery, &c. For some time the Athenians possessed a fort or factory on the Tauric coast, called Nymphaeum, which, towai'ds the close of the Peloponnesian war, was given up to the sovereign of the country by Gylon, the maternal grandfather of Demosthenes, For, soon after the Milesian fleets had disappeared from the Euxine, the Tauric peninsula fell under the dominion of a king, the founder of a most flourishing dynasty, called the Archacanactidae, which was transmitted through a long line of succession to the time of Mithridates, by whom the king¬ dom was annexed to his own. Satyrus, the father of Leucon, was killed at the siege of Theodosia, b.c. 393. He is mentioned by Isocrates as a friend of Athens. Leucon succeeded him, and reigned forty years. He took Theodosia (the modern Caffa), which was an important emporium for trade, lying more southward than Panticapaoum, and having a more convenient harbour. He continued to favour the Athenians, as his father had -done; and they honoured him not only with exemption from all duties, but with an inscription xipon a pillar, recording his liberal conduct. The wisdom and good fortune of tliis prince, both in i| war and peace, are attested by divers ancient writers, referred to in the notes of F. A. Wolf AGAINST THE LAW OP LEPTINES. 15 Leucon, who reigns there, has granted exemption from duty to those who export to Athens, and issues an order, that mer¬ chants bound for our port shall load their vessels first. Having the exemption for himself and his children, he has given it to all of you. Observe what an important thing it is. He takes a thirtieth from all who export corn from his dominions. Now the measures^ of corn that come from his country are about four hundred thousand; as one may see from the entry kept by' the corn-inspectors. Therefore, for the three hundred thousand measures he gives us ten thousand, and for the hundred thousand about three thou¬ sand. And so far is he from depriving our commonwealth of this boon, that when he made a new harbour at Theodosia, which the mariners say is not at all inferior to Bosporus, he gave us the exemption there also. Many other instances which I could mention, of benefits confeiTed upon you by this prince and his ancestors, I pass by: but the year before last, when there was a scarcity among all men, he sent you not only a plentiful supply of corn, but at such a price, that there was a surplus of fifteen talents in the hands of Callis- thenes. What then, 0 Athenians, do you expect of this man who has been such a friend to you, if he should hear that you have by law deprived him of his exemption, and disabled yourselves from granting it if you should change your minds hereafter? Are you ignorant that this same law, should it be confirmed, will deprive of exemption both him and all Athenians who carry com from his kingdom? Surely no one imagines, that he will submit to have your gifts to him revoked, while his to you remain. Thus, in addition to many injuries which are likely to result to you from the law, it deprives you of some advantages immediately. And are you still considering whether you should abolish it, or have you not decided long ago ? Take and read them the decrees concerning Leucon. [Decrees.^ That Leucon has obtained his exemption from you on good and reasonable grounds, you have heard from the decrees, '' ^ The medimnus (the measure here spoken of) was about a bushel and a half. The gain to the Athenians by the exemption from duty, which Demosthenes puts in round numbers, was exactly 13,333^ medinmL 16 THE ORATIONS OF DEMOSTHENES. men of the jury. Pillars on which all this is copied have been set up by you and him, one in Bosporus, one in Piraeus, another at Hieron.^ Only consider to what extreme disgrace you are brought by this statute, which makes the people appear less trustworthy than a single man. Be assured that these pillars stand for contracts to bind your mutual pro¬ mises. Leucon, as it will appear, abides by them, and is always desirous to do you service : you have invalidated them while they are yet standing, which is far more shameful than pulling them down; for now they will stand as evidence for persons who choose to malign the commonwealth in veri¬ fication of their charges. But come, suppose Leucon sends to us and asks, for what ground of complaint or objection you have deprived him of his immunity, what, in the name of Heaven, shall we say % what shall be stated by the person who prepares the decree for US'? Peradventure, that some of the privileged parties were unworthy. Suppose then he should reply—“ Well: some of the Athenians, I guess, are bad men, and I have not therefore deprived the good; but, considering the people good, I allow all to have the exemption.” Will not his language be fairer than ours? I certainly think so. It is more usual with all men, to be kind for the sake of their benefactors even to some worthless individuals, than on account of the worthless to take back their gifts from persons confessedly meritorious. I really am unable to see, how people are to be prevented from tendering the exchange ^ to Leucon if they .please. For he always has effects at Athens, and according to this law, if any one comes upon them, he ^ A place on the coast of the Euxine, between the Thracian Bosporus and Trapezus. Here was a temple of Jupiter (Zeis 0(jpLos) said to have been built by the Argonauts. 2 Demosthenes here suggests that Leucon, as an Athenian citizen by adoption, would be liable to serve the offices of trierarch, choregus, &c.; which liability would attach upon him in respect of the property which he continually had in Athens or Pireeus; for example, merchant-vessels and their cargoes. Any citizen called upon to serve one of these offices, who thought Leucon’s visible estate greater than his own, might (as Demosthenes contends) offer him the exchange: as to which see VoL I, Appendices III. and IV. In that event Leucon’s property would be liable to be seized under legal process. Whether such a case fell within the scope of the law, seems doubtful; and that there was a doubt, may be gathered from the words of Demosthenes himself. AGAINST THE LAW OP LEPTINES. 17 will either be deprived, or compelled to serve a public office. However, it is not the pecuniary cost that will be his chief grievance, but the feeling that you have taken your gift away from him. But you have not only to see, men of Athens, that Leucon be not wronged, whose anxiety about his privilege would be for the sake of honour and not emolument, but that no one else be wronged, who has befriended you in the day of his prosperity, and to whom the grant of exemption which you then made him has come to be an advantage. Who answers this description? Epicerdes of Gyrene,^ who, if any man that ever recefved this honour was deserving of it, was justly held to be so, not because his donations were large or striking in amount, but because they were given upon an occasion, when even among those who had received obligations from, you it was difficult to find any willing to remember them. For Epicerdes, as tl\^s decree passed in his favour shows, gave a hundred minas to your countrymen who were captured in Sicily, when that terrible disaster had befallen them, and was the principal means of their not all dying of hunger. After¬ wards, when you had granted him immunity on this account, seeing in the war ^ just before the time of the Thirty that the people were in need of money, he gave a talent of his own accord and unasked. By Jupiter and the Gods! consider, O Athenians,' how could a man more signally display his good-will to you, or less deserve to be wronged, than he— when in the first place he was present at the misfortune of Athens, and yet chose the side of the unfortunate and the chance of their future gratitude in preference to the party who were at that time victorious, and among whom he was dwelling: and seeing another occasion of distress, he was ^ It is most probable that Epicerdes' himself was not alive at the time of this oration, which was fifty-eight years after the defeat at Syracuse, where he is said first to have befriended the Athenians. Demosthenes, when he says that Epicerdes will be a loser by the law, alludes in fact to his children, whom he specifically mentions at page 471, and who (as the Scholiast informs us) had migrated from Gyrene to Athens. It is, as F. A. Wolf truly observes, a part of the rnetorical artifice of Demosthenes, to identify the father with his children, where the immimity had been extended to them; and to make it appear that the revocation would be an injury to the dead. 2 In the last years of the Peloponnesian war. VOL. III. C IS THE ORATIONS OF DEMOSTHENES. bountiful again, taking no thought to save what he had for himself, but only that your wants should be supplied as far as depended upon him? From this man, who has thus actually shared his property with our state, while the im¬ munity which he^ enjoys is nominal and honorary, you will take away, not immunity, (for while it existed he never availed himself of it,) but confidence in you: and what can be more disgraceful? He shall read you the very words of the decree passed in honour of Epicerdes. And observe, men of Athens, how many decrees ^ the law sets aside, and how many persons it wrongs, and on what occasions they rendered you service. You will find it wrongs the very last persons you ever should have wronged. Read: \Tlw Decree^ The kindnesses, in return for which Epicerdes obtained his immunity, you have heard from the decrees, men of the jury. I would have you consider, not that he gave a hundred minas and again a talent, (for even they who received it, I imagine, were not struck by the magnitude of the sum,) but his zeal and his volunteering the service, and the occasions on which he rendered it. Doubtless all people deserve requital who are the first to do acts of kindness, but especially those who do them in times of need; and one of those is Epicerdes clearly. And are we not ashamed, 0 Athenians, that we should have for- . gotten all this, and from the children of such a man taken away their privilege without any cause of complaint ? Though »the people who were then saved by him and granted the. immunity are different from you who now take it away,’ that does not acquit you of the shame: nay, that itself is the worst part of it. For when the witnesses and objects of his bounty thought it merited such a grant, should we, who hear it by report only, revoke the grant as unworthily bestowed,^ how can our conduct be otherwise than atrocious ? I have the same argument also for those who put down the Four ' Demosthenes has hitherto mentioned only the decrees in favour of Leucon and Epicerdes; but Phormio had brought others before the notice of the jury, (as we learn from page 472,) and Demosthenes him¬ self was about to cite further examples, (472—476.) By the words, oaa \prj(j)i(r/u.aTa diKvpa, &c., he alludes to all these cases. 2 Literally : “ For if the obliged parties who knew all about it thought they had received an obligation deserving of that_ recompense, and •AGAINST THE LAW OF LEPTINES. 10 hundred/ and for those who helped us when tlie popular party were in exile.^ I consider they would all be used most shamefully, if any of the decrees then passed in their favour should be rescinded. If any one of you however believes that the country is far from requiring any such assistance now, let him pray to the -Gods that it may be so, and I join in the prayer: but let him consider, first, that he is about to give his vote upon a law which if not repealed we shall have to act upon; secondly, .that bad laws injure even states which imagine themselves securely established. Revolutions would never have happened for better and for worse, but that people who stood in danger were set up again by good measures and laws, by honest men, and by careful attention to all things, while those who ap¬ peared to be in full prosperity were gradually undermined by the total neglect of all. Mankind in general acquire their good fortune by prudent counsel and by thinking nothing beneath them; yet they are unwilling to preserve it by the same means. Fall not you into this error now: do not determine for a law, which, while the commonwealth is flourishing, will fill it with evil repute, and, if anything should happen hereafter, will bereave it of people disposed to serve you. Nor is it only men who chose to befriend you privately, and who made themselves useful on those important occasions which Phormio has lately recounted and I have just spoken of, that you should be cautious, 0 Athenians, not to wrong; but many others besides, who caused whole cities, of which they were natives, to become our allies in the war with Lace¬ daemon, aiding your commonwealth both by word and deed: some of whom, on account of their friendship for you, are deprived of their country. The first whom it occurs to me to mention are the Corinthian exiles. I am obliged to speak yet we who kear it by report only take away the recompense on a plea that the obligation did not deserve it,” &c. 'Aya^iwy is neuter, referring to a|iO TOVTCOU. ^ The oligarchy of four hundred, established by the intrigues of Pisander, Phrynichus, and Antiphon, b. c. 411, and deposed four months afterwards. See Thucydides, viii. 63, &c. 2 In the time of the Thirty Tyrants. See ante, p. 7. We know from Lysias, that many resident aliens who then assisted the people were rewarded with the franchise. 0 2 20 THE ORATIONS OP DEMOSTHENES. to*you of things which I have myself heard from the eldest of you. Other instances in which they did us service I will pass by: but when the great battle at Corinth ^ took place against the Lacediemonians, and when the people in the city designed after the battle not to receive the troops within their walls, but to treat with the Lacedasmonians for peace, those men, seeing our commonwealth in misfortune and the Lace- doBmonians masters of the pass, did not abandon us or take selfish counsel for their own safety, but, though all the Pelo¬ ponnesians were in arms close by, opened the gates to us in spite of the multitude, and chose rather to share with your army whatever calamity was in store for them, than to obtain a certain deliverance without you; and they admitted the troops, and preserved both you and your allies. Afterwards, when the peace of Antalcidas was concluded with the Lace- dsemonians,^ they, as a punishment for this conduct, were driven by the Lacediemonians into exile: you gave them shelter, and performed the part of honourable men; for you voted them all that they required. And are we now consider¬ ing whether such grants should be valid ? Why even the mention of it is disgraceful to the parties who.,consider;^ > ' ' This battle, in which the Athenians, Thebans, Corinthians, Argives, and others, were defeated by the Laceda3monians and their allies, B. c. 394, is described by Xenophon in the Hellenics, iv. c. 2, s. 16—23. According to his statement, the Corinthians refused to admit the fugitives into the city; and they were obliged to return to their camp. 2 At the peace of Antalcidas, B. c, 387, Agesilaus insisted that the Argive garrison, which had been stationed in Corinth during the war, should be withdrawn. It was so : and thereupon a reaction of parties took place at Corinth. The democratical leaders went into exile, not, according to Xenophon, for the special reason assigned by Demosthenes, but for fear of being punished for the massacres which they had com¬ mitted six years before. The aristocratical exiles returned, and Corinth again became the ally of Lacedaemon. (Xenophon, Hellen. v. c. 1, s. 34—36.) ’EttI ’AvtuKkiBov is rightly interpreted to mean auctore Antalcidd. Compare p. 495, where in dvQpdnov is used in the same way. ® I agree with F. A. Wolfs interpretation of tols (TKonov/jLivois, and not with Schaefer’s, who renders it — “ si qui rem perpendantthough undoubtedly the words are capable of that construction. It would be exceedingly harsh to introduce aKonovfxiuois in relation to other parties between aKonovjxiv, (TKonovcriv, and icrnicpOai, all having reference to the Athenians; and I conceive that the same word is purposely repeated AGAINST THE LAW OF LEPTINES. 21 should it be heard that the Athenians are considering, whether their benefactors should be allowed to retain their gifts. Such a point §hould have been considered and determined long ago. Please to read them this decree ; \The Decree.'] This, men of the jury, is the decree which you passed in favour of the Corinthians exiled on your account. Bethink you: should any person acquainted with those events, either from having taken a part in them or by report from an eye¬ witness, hear afterwards of this statute annulling the rewards then bestowed; how base in his judgment would the legis¬ lators appear! we who at the period of our distress were so liberal, so ready to do anything, but, after obtaining all that we could desire, are so mean and ungrateful as to have deprived the holders of our gifts, and to have passed a law prohibiting us from making any such gifts in future! Oh, but some of the persons who obtained them were undeserving. That will run through their whole argument. Then we shall admit our ignorance of this principle, that the desert should be weighed at the time of giving, not an immense time aftef- wards. To abstain from giving at all is the part of prudent men; to take away what' has been given is the part of envious men: and you must not be thought to have such a feeling. But on the point of merit itself I shall not hesitate to de¬ clare to you my opinion. A state, I conceive, is not to judge whether a man is deserving on the same principles as an in¬ dividual ; for the subjects of inquiry are not the same.^ In private each of us considers who is fit to be connected with him in marriage or the like; and such questions are determined by certain laws and opinions: but a state and a people look.for by Demosthenes, to make his hearers thoroughly ashamed of the error into which Leptines had led them. Pabst: Dodi das Wort an sich Tclingt schon schimpjlich fiir Die welche hier nocli sich bedenJcen. ^ Junius adopts a similar line of argument, when he contends that Wilkes was entitled to the gratitude of the people for his public ser¬ vices, notwithstanding that his private character might not be irreproach¬ able. In one of his letters to Horne Tooke he says—“ You will not suspect me of setting up Wilkes for a perfect character. The question to the public is; where shall we find a man, who, with purer principles, will go the lengths and run the hazards that he has done ? The season calls for such a man, and he ought to be supported.” THE ORATIONS OF DEMOSTHENES. f)0 a person that helps and preserves them, and that is to he discovered not by birth or opinion, but by action. Then, when we need a service, shall we allow any one that lihes to render it; and, after we have received it, shall we inquire into the merit of him that served us % It will not be a righteous policy. But perhaps these are the only men who will be so treated, and all my argument concerns them alone. Nothing of the kind. I would not attempt to call over the whole list of your benefactors, who through the law, if it be not repealed, will be deprived of their gifts. I will produce one or two more decrees, and then pass from that topic. First then—Is it not clear that, if you take away the immunity, you will wrong the Thasians J of the party of Ecphantus, who by delivering Thasos to you, and forcibly expelling the Lacedaemonian gar¬ rison, introducing Thrasybulus, and making their country your friend, caused the district about Thrace to become allied to you h Again—will you not wrong Archebius and Hera- clides, who by delivering Byzantium ^ to Thrasybulus made you masters of the Hellespont, so that you let the tithe, and getting ample funds, compelled the Lacedaemonians to make peace on such terms as you desired % When they were ex¬ pelled afterwards from their country, men of Athens, you voted what I conceive was proper for benefactors in exile on your account, the title of state-friends and benefactors,^ and I* ^ The events here referred to belong to the year B. c. 407, when Thra- sybtilus reconquered Thasos, which had revolted from the Athenians. At the same time he recovered other places on the coast of Thrace. See Xenophon, Hellen. i. c, 4, s. 9. 2 Thrasybulus, commanding the Athenian fleet, B.c. 389, sailed to Byzantium, and, establishing a democratical government, brought it back to the Athenian alliance. At the same time he gained for his country the duty of a tenth, which the Byzantines used to charge on ships coming from the Euxine. (See Xenophon, Hellen. iv. c. 8, s. 27.) The peace refei'red to by Demosthenes is that of Antalcidas, which, though its advantages are here overstated by the orator, was so far favourable that it left Athens independent, with her long walls re¬ stored, and with Lemnos, Imbrus, and Scyrus restored to her dominion. Compare the exaggerated terms in which he describes the peace granted by the Spartans to Olynthus. (De Fals. Leg. 425.) * The title of Benefactor was occasionally conferred by states and princes for some signal service; and it was regarded as a very high honour. Thus Xerxes writes to Pausanias (Thucydides, i. 129): KeTrar COL evipyeaia iu rep Tl/xerepep oliccp ecrael duaypairros' which the Scholiast AGAINST THE LAW OP LEPTINES. 23 exemption from all imposts. Then should we suffer men exiled on your account, who justly received your bounty, to be deprived of what you gave them without any cause of complaint ? It would be disgraceful; as you will clearly see, if you will put the following case to yourselves : Suppose some of the people who now hold Pydna or Potidsea, or any of the other places which are subject to Philip and hostile to you, (just as Thasos and Byzantium then were friendly to the Lacedaemonians and estranged from you,) should offer to deliver them up, if you would give them the same rewards which you gave to Ecphantus of Thasos and Archebius of Byzantium, and some of these men opposed them, urging that it was monstrous for any of the resident aliens to escape the public burdens, while the rest did not: what would be your feelings towards the men who urged such an argument? Need I ask? Would you not treat them as malignants^ and refuse to hear them. ? It is disgraceful then, if, in the expec¬ tation of benefit, you would regard a person so arguing as a malignant, 3 ’et, on a question of taking awa^" the rewards of previous benefactors, you will listen to men so arguing. But further—let us consider—by what were the persons who betrayed Pydna and the other places to Philip induced to wrong us ? Eveiy one must see, by the rewards which they expected to get from him for the service. Which then, Lep- tines, should you rather do—persuade our enemies, if you can, not to reward persons who become their benefactom in wronging us, or introduce a statute here, which takes away a portion of the rewards enjoyed by our benefactors? I should think the former. But, that I may not stray from the present interpi'ets to mean, Trayrds evepy&rrjs K\r]97]cr7j. And Herodotus says that benefactors thus registered by the Persian kings were called “Orosangsc.” (See Herod, v. 11; viii. 85.) The Syracusans, who in the Peloponnesian war assisted the Antandrians to fortify their city, were rewarded with citizenship and the title of Benefactors : ^id ravra evepyecria re Kal TtoKirela ^vpaKouaiois eV ecrri. (Xenophon, Hellen. i. c. 1, s. 26.) Hence the surname of Euergetes, given to so many of the kings of Egypt and Syria. Compare Demosthenes, Do Fals. Leg. 400, 446. Contr. Aristocr. 668. _ 1 ^ ISiVKocpavTovuToov ; “ persons taking a vexatious and mischievous course.” (See Vol. II. p. 74, note 2.) Auger : “ assurdment yous leur fermeriez la bouche comme h des envieux et a des gens nial intention- nds.” Pabst: hdmische Rcchtsverdreher. 24 THE ORATIONS OP DEMOSTHENES, point, talie the decrees which were passed in favour of the Thasians and Byzantines. Bead : \The Decrees^ You heard the decrees, men of the jury. Perhaps some of these men no longer live: but their deeds live after they have once been done. It becomes you therefore to let these pillars remain in force for ever, that, as long as any men exist, they may suffer no wrong from you, and, when they die, the pillars may be a monument of the character of Athens, and stand for examples to all who wish to befriend you, that Athens has requited those who rendered her service. And let it not escape you, 0 Athenians, that it would be one of the deepest disgraces, were all people to see and hear, that the calamities which these men have suffered on your account have been made to endure for ever, while the gifts which they received from you as a recompense have been thus early abolished. Much more befitting were it that you left the gifts to mitigate their misfortunes, than that during their continuance you took the gifts away. For, in Heaven’s name, what man will be willing to serve you, if in case of failure he is to be punished instantly by your enemies, and in the event of success he cannot depend upon your gratitude ? I should be sorry indeed, men of the jury, did it appear I had but this ground of complaint against the law, that it deprives many foreign benefactors of the immunity, but was unable to show that any of our citizens who have obtained the honour were deserving of it. I would pray that all blessings may be most abundant among ourselves, and spe¬ cially that the most and best of our benefactors may be our own citizens. First then look at Conon:^ see whether you ^ Conon first becomes known to ns as one of the Athenian com¬ manders in the last years of the Peloponnesian war. From JSgospo- tamos, where the defeat was owing to the culpable negligence of his colleagues, he escaped with eight ships to Cyprus, and found an asylum with his friend Evagoras, who had raised himself to the sovereignty of the island. Here Conon remained quiet, until Persia was threatened with war by the Lacedaemonians, when he obtained a naval command in the king’s service. In the year b. c. 397 he liberated Rhodes from the Spartan dominion, and restored the democracy. When the war of AGAINST THE LAW OF LEPTINES. 25 can find any fault either with the man or with his achieve¬ ments, to justify you in revoking any of his honours. He, as you may learn from some of your own body who were his contemporaries, after the return of the popular party from the Piraeus, when our commonwealth was weak and possessed not a single vessel,^ he, I say, commanding for the king, without having received the least supply from you, beat the Lacedaemonians at sea, and accustomed a people lately com¬ manding others to hearken unto you, and expelled their governors from the islands, and afterwards came home and rebuilt the walls, and was the first person who again put us in a condition to dispute with Lacedaemon for the leadership. He is indeed the onlv man in whose honour this has been V inscribed upon the pillar—“ Since Conon ” (it says) libe¬ rated the allies of Athens.” This inscription, men of the juiy, is glorious to him in your eyes,^ to you in the opinion of all Greece : for whatever advantage any among us procures for others, the name of the commonwealth enjoys the repu*- tation of it. Therefore the Athenians of that day not only granted immunity to him, but erected a brazen statue, as they did to Harmodius and Aristogiton, the first after theirs 395 B. c. broke out in Greece, be made a journey to the Persian court, and obtained a large supply of money from Artaxerxes, who appointed him and Pharnabazus joint admirals of the royal fleet. In the following year he gained the battle of Cnidus, in which the Lacedaemonian fleet, ' commanded by Pisander, was totally overthrown. After this he sailed with Pharnabazus round the .iEgaean, and expelled the Spartan Har- mostse from most of the islands; he also took Cythera, and ravaged the enemy’s coasts. But the most gratifying of all his exploits to the Athenians was that which followed. He carried his victorious fleet (with the permission of Pharnabazus) to Athens, and with the help of, his seamen and a large supply of Persian gold he restored the long walls which connected Athens and Pirseus. This work was completed about the vearB.c. 390. (See Thirlwall’s History of Greece, iv. pp.' 409—411, 430—433.) ' ^ By the terms of peace granted to Athens at the close of the Pelo¬ ponnesian war, she was not allowed to possess more than twelve ships of war. ^ npos vfxas auTovs : apud vos ipsos,” as Schaefer correctly interprets it. Auger renders it clearly: “ Cette inscription lui fait honneur aupr5s de vous, et k vous aupres de tons les Grecs.” ^ The same honour was conferred upon Evagoras of Cyprus, who for his services was also made a citizen of Athens. Isocrates in the Oration inscribed to that prince (p. 200) says, it was under the advice of Conon and Evagoras that the Persian king resolved to attack the Lacedse* 2Q THE ORATIONS OF DEMOSTHENES. for they considered that he too had put down no slight tyranny, when he overthrew the empire of Lacediemon. • That you may pay the more attention to what I say, he shall read you the very decrees that were then passed in favour of Conon. Head: \The Decree8?^ Nor was it by' you alone, men of Athens, that Conon was thus rewarded for the deeds which I have mentioned, but by many others, who justly deemed it right to repay the benefits which they had received. It would be shameful then, men of Athens, when the honours conferred elsewhere are secured to him, that from yours alone this portion should be taken away. Nor again would it be very creditable, to assign him in his lifetime all these honours which you have heard, because you esteemed him so highly, and yet after his death to forget it all, and take away a portion of what was given him. Many of his achievements are worthy of praise, 0 Athenians, and on all their accounts you are bound not to annul their rewards; but the noblest of them is the restoration of our walls. You may judge by comparing how Themistocles, the most renowned man of his day,* accomplished the same feat. The story is,^ that he desired his countrymen to begin building, and instructed them to detain any one that should come from Lacediemon; he went off himself as ambassador to the Lacedsemonians, and at a conference with them, it being reported that the Athenians were building their w’all, he denied it, and bade them send ambassadors to inquire, and, when they did not return, he advised them to send others. '' And doubtless you have all heard in what manner he is reported to have tricked the Lacedaemonians. I say then— and by heavens! men of Athens, let no one be angiy at what he is about to hear, but consider if it be true:—as it is better to act openly than clandestinely, and more glorious to accom¬ plish anything by victory than by deceit; to the same extent monians at sea; and this advice was given for the benefit of the Greeks; for if the Laceda3nionian3 were beaten on land, the king would have had all the advantage of it, but if their naval power was destroyed, it would help to liberate the Greek cities from their dominion. The result proved the wisdom of their counsel. The Athenians j)Lced their statues near to that of Jupiter the Deliverer. ■ ^ See Thucydides, i. 90—93. ootLsnE mKftii nlLL. AGAINST THE LAW OP LEPTINES, 27 did Conon raise the walls more honourably than Themistocles. The one effected it secretly, the other by vanquishing the people who would have prevented it. Such a man therefore . ought not to be wronged by you, or to come off worse than the orators, who are to show cause why any of his gifts should be taken away. Well, but let us allow the son of Chabrias to be deprived of the immunity, which his father justly received from you and bequeathed to him. Why, I scarcely think any man in his senses would say this was proper. You know probably without my telling you, that Chabrias was a noble man: yet there is nothing to prevent my briefly mentioning his per¬ formances. In what manner he took the field with you against all the Peloponnesians at Thebes,^ and how he slew Gorgopas in .^gina,^ and how many trophies he raised in Cyprus, and afterwards in Egypt,^ and how, traversing as he did almost every place, he nowhere disgraced the name of the ^ More strictly he should have said, “ near Thebes.” The event occurred during the campaign of Agesilaus in Boeotia, B. c. 378, and is thus described by Thirlwall (History of Greece, v. 45): “ The Athenian and Theban troops were advantageously posted on the range of hills two miles south of the city;,yet Agesilaus thought himself strong enough to attack them. He first sent his targeteers against them, and when these were repulsed, advanced to the charge with his phalanx. Chabrias ordered his men to keep their ground, pointing their spears against the enemy, and resting their shields upon one knee; Gorgidas followed his example. The attitude was new, and indicated a spirit which might make the victory doubtful; and Agesilaus thought it prudent to sound a retreat. The manoeuvre acquired so much celebrity, that a statue was afterwards erected to Chabrias at Athens, in the atti¬ tude which he had devised ; and it seems to have hastened the enemy’s retreat from the Theban territoiw.” «/ ^ Gorgopas commanded a Lacedaemonian squadron stationed at j^igina, from which he infested the coasts of Attica, and assisted the JEginetans in their piratical excursions. Chabrias landing in the island surprised and slew him in an ambuscade, and by this means freed the Athenian commerce for a time from plunder. This happened B. c. 388, one year before the peace of Antalcidas. (See Xenophon, Hellen. v. c. 1, s. 10—13.) ® Chabrias was sent to assist Evagoras against the forces of the Persian monarchy, b. C. 390. This was the Cyprian war, which lasted ten years, and ended by the submission of Evagoras. In the year B. c. 377 Chabrias went to Egypt, to command the Greek mercenaries of Acoris, but was recalled by the Athenians. In b. c. 362, he was engaged by Tachos, king of Egypt, to command his fleet. See the Chronological Abstract in Vol. I. (Diodorus, xiv. 98; xv. 29, 92.) ' 28 THE ORATIONS OF DEMOSTHENES. commonwealth or himself;—all these things it is not very easy to speak of as they deserve, and it would be a shame that in my description they should fall below the opinion which you each entertain of him. Those however which no language of mine could degrade I will endeavour to recal to your minds. He vanquished the Lacedaemonians at sea,^ and cap¬ tured forty-nine galleys; he took the greater number of these islands and delivered them up to you, and made them friendly, when before they were hostile; he carried to Athens three thousand prisoners, and brought in more than a hundred and ten talents, the spoil of the enemy. To all these facts some of the eldest among you can bear me witness. And besides, he captured above twenty galleys more, taking them one and two at a time; all of which he brought into your harbours. To sum up the whole: he is the only general who never lost^ a single city or post or ship or soldier, when he commanded you; none of your enemies has any trophy over you and him, while you have many over many enemies under his command. That I may not in my speech omit any of his actions, the clerk shall read you the catalogue of ships that he took, and where he took each, and the number of cities, and the quan¬ tity of treasure, and where each of the trophies was erected. Head; \The deeds of Chdbrias.'] Does it appear to any of you, 0 Athenians, that this man who took so many cities and overcame at sea so many galleys of the enemy, who brought so many glories and no dishonour to the state, deserves to be robbed of the immunity, which he obtained from you and bequeathed to his son ? I cannot believe it. There would be this absurdity in it.—Had he lost one city or ten ships only, these men would have im- ^ The sea-fight of Naxos, b.c. 376, in which the Peloponnesians were defeated with a loss of thirty ships, was the first which the Athenians had won with their own forces since the Peloponnesian war. It is related with brevity by Xenophon (Hellen. v. c. 4, s. 61); more fully by Diodorus (xv. 35). ^ Meaning, “ lost by his own negligence.” Schaefer properly corrects F. A. Wolf for rendering it “ amisit,” instead of “ perdidit.” Our word *‘lost” will do for either. We might say, “no city was lost through him.” AGAINST THE LAW OP LEPTINES. 29 peached him for treason, and on conviction he would have been lost for ever: and yet when, instead of this, he took seventeen cities, captured seventy ships and three thousand prisoners, and returned to the treasury a hundred and ten talents, and raised such a number of trophies, his rewards after all are not to be secured to him! Chabrias, 0 Athenians, will be shown not only to have achieved everything for you in his lifetime, but to have lost his life in the same cause: so that on this account, as well as for his living actions, you should have kindly feelings towards his son. It were well also, 0 Athenians, not to let it appear that we have been less generous than Chians to our benefactors. For when they, against whom he came with arms in hand as an enemy, have not revoked any of their former honours, but regarded ancient benefits as outweighing recent offences, should it appear that you, for whom he perished in the attack upon them,^ instead of honouring him still more on that account, have revoked some of the rewards given for his former services, how can you help incurring merited disgrace 1 For another reason too will the boy have been hardly treated, if he should be robbed of his privilege: because, often as Chabrias led you to battle, no man’s son ever became an orphan through him, while this boy has been reared in orphanage through his father’s zeal in your cause. Chabrias was, in my view, a firm patriot indeed! for, though he was reputed to be and was the safest of all generals, he exercised his caution on your behalf, whenever he commanded, but would not use it on his own, when he was placed himself in the post of danger; and rather chose not to live than to tarnish the honours which he had received from you. Should we then deprive his son of that, for which he determined to , die or to conquer? And what shall we say, 0 Athenians, when the trophies which he erected as your general stand visible to all men, yet a portion of the recompense is known to have been taken away? Bethink you, men of Athens, and consider what is the question here. It is not the law that is tried, whether it be a proper one or otherwise: you are on your probation, whether or no you are fit people to receive benefits in future. * In the Social war. (Diodorus, xvi. 7.) See Vol. II. p. 314. 30 THE ORATIONS OF DEMOSTHENES. Now take the decree that was passed in favour of Chabrias. Look and see. It should be somewhere about there.^ I wish to say another word on the subject of Chabrias. You, men of Athens, in rewarding Iphicrates formerly, re¬ warded not only him, but Strabax and Polystratus ^ also for his sake; and again, when you gave Timotheus his recom¬ pense, you for his sake gave citizenship to Clearchus and some others. Chabrias however was rewarded by you in his own person alone. If now he had asked at the time of ob¬ taining his reward, that, as you had been kind to certain persons for the sake of Iphicrates and Timotheus, you would for his sake likewise bestow a kindness on some of these per¬ sons who have • obtained immunity, (these for whose alleged unworthiness my opponents now require you to deprive all alike,) would you not have granted him this favour % I believe you would. Then will you deprive him now of his immunity on account of persons to whom you would then have granted a boon on his account ? It would be absurd. Nor indeed does it become you to appear so eager at the time of re¬ ceiving obligations, as to recompense not only your benefac¬ tors but their friends also, and yet after a brief interval to take back even from the principals what you have given them. \The decree of honours to Chabrias^ The persons then whom you will wrong, unless you repeal ^ The published orations of the ancients were made as nearly as pos¬ sible to resemble what was spoken, or supposed to have been spoken. Demosthenes here represents the clerk or usher of the court to be looking about for the decree, while in the meantime he addresses him¬ self to a new point. This has all the appearance of being natural. F. A. Wolf, who has a long note on this subject, refers to the speech on the Embassy, p. 407, where the orator goes on speaking for a minute or two while the witnesses are standing at the bar. And he compares a passage in the Verrine oration of Cicero (IV. 3), which we know was only written and never spoken: “ Canephora? ipsse vocabantur: sed earum artificem, quern ? quemnam ? recte admones; Polycletum esse dicebant.” Here the orator affects to ask some one for the name of the artist, and to receive an answer, informing him that it was Foly-_ cletus. The effect is thus more dramatic. ^ Polystratus commanded the mercenary force at Corinth, in con¬ junction with Iphicrates and Chabrias. See the First Philippic, p. 46. Nothing is known of Strabax. Among the honours granted to Iphicrates by the Athenians, were a brazen statue and maintenance in the Prytaneum; as we learn from the oration against Aristocrates, p. 663. I AGAINST THE LAW OF LEFTINES. 31 the law, are, besides many others, these that you have heard, men of the jury. Bo then reflect and consider in your minds. If any of these that are departed could in any way have a sense ^ of the present proceeding, how just would be their indignation! For if the services which they have ren dered you in deeds are to be judged of by words, and their glorious actions, unless by us in speech they are gloriously set forth, have been achieved by their exertions in vain, can it be doubted that they are used shamefully? To show you, men of Athens, that all the arguments that we address to you are meant sincerely for right and justice,^ and that nothing is said by us for trickery and deceit, we shall now read you the law which we have prepared and pro¬ pose to substitute for this one, which we say is improper. You will see by it, that we make some provision, both to save you from the appearance of acting dishonourably, and toj, enable any one who has an objection to any of the privileged parties, if it be well founded, to bring him before you for deprivation; and further, to secure in possession of their gifts those whose title no man would dispute. And in all this there is nothing new or of our invention: for the ancient law, which Leptines transgressed, requires that legislation shall be so conducted: that whoever considers any of the existing laws to be faulty may indict it, but shall himself bring in another, what on repeal of the former he proposes to enact, and that you shall sit in judgment and choose the better law. For Solon, who prescribed this method of legis¬ lation, never thought it right, that, when the judges ^ who are chosen to superintend the laws, before they enter upon ^ “ Plato, Menex. c. 21: eiris iarl roTs T€T€\evTr]Ko(riy aYadricris twu ^ oSuTcav. Lycurgus in Leocr. p. 231 : €^Tls Icrrlu a^crOrjais to7s e/cet irepl ray ivddSe 'yiyyojxiywy. Cicero, Philipp, ix. 6 : Mihi autem recordanti Servii Sulpiciimultos in nostrd familiaritate sermones gratior illi vidttur, si quis sensus in morte, cenea statua futura, (}yos, written by me in the Archaeological Dictionary. ^ A notice to the murderer to keep away from all public places and sacrifices was usually given by the prosecutor at the funeral of the deceased, and a similar warning was afterwards given by the King- Archon, when the charge had been preferred before him. We must understand that murder was considered at Athens not only a crime, but a pollution in a religious point of view, from the contagion of which it was necessary to keep the people free. Hence it was that the trial of the offence took place in the open air. ' The pollution ex¬ tended even to cases of unintentional homicide, that were not wholly excusable; and was supposed to continue, until the manslayer had ex¬ piated it by the proper ceremonies. (See .^schylus, Eumenides, 228, 423, &c.) Justifiable homicide however left the party who committed it wholly pure. The denunciation of the murderer of Laius, put in I 54 THE ORATIONS OP DEMOSTHENES. justice/ but laid down the cases in which it should be lawful to kill, and declared that the killer under such circumstances should be deemed pure. Then shall it be allowed to commit justifiable homicide under your laws, but not to demand recompense either justly or anyhow by the law of Leptines 1 l^ever consent to this, men of Athens ! Do not let it appear that you have taken more pains to prohibit your benefactors from obtaining requital, than to prevent murder being com¬ mitted ill the city: but remembering the occasions on which you have requited the objects of your bounty, and the pillar of Demophantus,^ of which Phormio spoke, in which it is written and sworn, that, if any man suffer in defence of the democracy, you will give the same rewards that you gave to Harmodius and Aristogiton, pronounce judgment against the law. It is impossible otherwise not to violate your oaths. To yet one thing more I beg your attention. This law jt. the mouth of CEdipus by Sophocles, is borrowed from the form of Attic law, according to the custom of the tragedians:— Toj' dydf)’ aTravScS rovTov, oaris iarl, yrjs T'^crS’ ijs iyw Kpan-t] re koX Qpovovs P€/i(a p.'}]T eiaSexeo'Oai /xiiTe 7rpoa' Hifipaos. From which it appears that in the former passage, if we are to 74 THE ORATIONS OF DEMOSTHENES. of a penalty corporal or pecuniary. I am certain of one thing, and you should be certain too. If I had not preferred my plaint to the assembly, but sued him in an action, the contrary objection would have started up, that, if there was any truth in these charges, I should have arraigned him before the assembly, and taken vengeance while the offence was recent:—for the chorus belonged to the state, and the apparel was all prcJvided for the festival, and I the sufferer was a choir-master. Who would ever have chosen another mode of redress, rather than that which the law gives against persons desecrating the festival?—All this I am sure he would have urged then; for it is the practice, I believe, with defendants who have done wrong, in order to defeat the proceedings taken against them,^ to suggest that others which are not practicable should have been adopted; but it is the part of wise judges, to give no heed to such arguments, and whomsoever they find misbehaving themselves, to punish. Don’t then allow him to say, that the law gives me both private actions and an indictment for assault. It does give them. But let him show that he is not guilty of what I charge him with, or that, being guilty, he has not committed a contempt of the festival. It was for this I arraigned him before the assembly; this is the matter upon which you will give your verdict now. If I, foregoing the advantage of a private suit, give up my revenge to the state, and have chosen this kind of trial, from understand Uk-tju in connexion with v/Bpeus, it is used in the more ex¬ tended sense of '‘a judicial proceeding.” And for this we have the aixthority of Pollux, viii. 41 : eKaXovvro yap ai ypa(pal kuI 5i/co<, ov fieuToi Ka\ at SiKai ypacpai The expression iSiat a/,/‘private indictments,” may sound oddlj’- to us, who are accustomed to consider all criminal prosecutions as being of a public nature. Yet the distinction is intelligible enough, and applies as well to our own jurisprudence as to the Athenian— between offences which concern the individual immediately and the state mediately, such as an assault; and offences which concern the state immediately and individuals mediately, such as treason. Prose¬ cutions for the former were called fStat ypa THE ORATIONS OF DEMOSTHENES. you many injuries, and enmity with you is their natural inheritance, they permit not even tiiose whom they have paid a price for and purchased for slaves to be abused, but have passed this law of state to prevent it, and have punished many already with death for transgressing this law.” If this were told and explained to the barbarians, would they not all with one voice (think ye) adopt you for their state-friends ^ He that transgresses such a law—not only esteemed among the Greeks, but which even the barbarians would admire—judge what punishment can be adequate to his deserts. Had I not been choir-master, 0 Athenians, when Midias thus ill-used me, his crime would have been only a personal outrage : now, I conceive, he is properly chargeable with impiety. You are of course aware, that you appoint all these dances and hymns in honour of the God, not only by virtue of the laws concerning the Dionysia, but pursuant to the oracles, in all of which you will find a mandate to the com¬ monwealth, as well from Delphi as from Dodona, to raise dances in the fashion of your country, to perfume the streets with sacrifice,^ and to wear garlands. Take and read me the oracles themselves: AN ORACLE FROM DELPHI. Ye children of Erechtheus, who maintain Your festive rites ancestral as of yore In old Pandion’s city, hear my w’ords : Itemember Bacchus, on your highways broad Ilequite the fruitful increase of the year With choral rings ^ to Bromius, fat of beasts Upon your altars burn, with garlands crown’d. ’ KuKTffdu dyvids. Pabst: mit Opferdampf die Strassen zu erf alien — To burn sacrifice for a sweet savour ”—as we have so often in Levi¬ ticus. Shakspeare says in Titus Andronicus, Act I. Scene 2 ;— And entrails feed the sacrificing fire. Whose smoke, like incense, doth perfume the sky. - ’IffTauai wpaiwv is rightly interpreted' by Buttmann to be a poetical expression for ierdyai wpaiwv x^P^P- Pabst under¬ stands it differently, translating— Friichte des Herbstes dem Bromios weihn zum lieblicTien DanTce. On the subject of these dances Buttmann has the following note :— “ Quid commune est his choreis per vicos et plateas ducendis cum illis tibicinum aliisque choris de quibus in hac oratione Demosthenes ? Idem, ni fallor, quod rei scenica) Atticse, quod tragoedis et comoodis posteriorum temporum, cum illo rural i ludicro quo per pagos discurre- I AGAINST MIDIAS. 83 ANOTHER. ‘^For health sacrifice and pray to Jupiter the most high, to Hercules, to Apollo the Protector: ^ for good fortune to Apollo the Street-god,^ to Latona, to Diana: and in the streets set up the wine-bowl, form dances, and put on gar¬ lands according to ancient custom in honour of the Olympian Gods and Goddesses, lifting the right hand and the left, and forget not to offer gifts.” AN ORACLE FROM DODONA. To the people of Athens the priest of Jupiter gives notice : Since ye have let go by the seasons of sacrifice and holy embassy, he commands that ye send nin§ chosen deputies, and that they straight bring to Jupiter in Tomarus^ three oxen, and wdth each two sheep, and to Dione^ a cow and bant peruncti faecibus ora. Et ita omne ludorum genus rude, quod per festivam laetitiam licentiamque celebrabant homines cujusque civitatis H/xuLya iravT^s, paulatim postea artibus excultis ad paucos cedebat, qui in quoque genere perfectiores, a ditioribus conducti publice certabant, populo actore olim nunc spectante. Oracula itaque ilia, sive quod antiquioribus temporibus accepta essent, sive quod carminum divinorum auctores priscam adhuc simplicitatem prae oculis haberent, choros ab universo populo celebrandos imperabant; civitates autem, mutata nunc retnim facie, eorum loco certamina ilia populo spectanda et audienda parabant.” ^ Upoa-raTriplq}. “ Quia patronus erat Athenarum.”—Eeiske. Dem Beschirmer der Stadt. —Pabst. 2 “ Before each house stood usually its own peculiar altar of Apollo Agyieus, or an obelisk rudely representing the God himself, a relic of the ancient rerpiyuvos ipyaaia. Sometimes a laurel was planted beside it.” Becker’s Charicles, Transl. p. 260. ^ The words vapa are hopelessly corrupt; and therefore I adopt Buttmann’s first conjectural emendation. Tomarus or Tmarus was a mountain near Dodona, on the slope of which there was a temple of Jupitei'. Many years after, Buttmann himself suggested a new reading, NatoL), and amused himself with making some further changes in the text; ingenio indulgens, as Schaefer drily remarks. One of these is worthy of notice for its facetious character. He objects to the words 5io rax^oiv, as casting the reproach of greediness upon the father of the gods. Why (says he) should Jupiter be in such a hurry for his burnt- ofierings ? “ Famelicus fuerit Jupiter, qui adventum pinguium horum bourn, quorum nidore saturaretur, opperiri vix posset.” These words therefore are converted into something less disrespectful to the Olym¬ pian Sire. Another correction, by which oTs is substituted for the bar¬ barous ^of}€Tds is used in a similar way. Buttmann cites the following lines from Athenseus: Anrapos TtpiiraTti Arj/^o/cAij?' ^w/xos Karcauofj.ao’Tai' Xalpa TLS avXfxdSv ^ ^virdiu' Koinopros dvarrecpTjvev’ ‘'OTTio'Geu ukoAovGu KoKa^ tco' \€fx^os eTri/fe/cATjrai. H 2 100 THE ORATIONS OF DEMOSTHENES. before the statues, and all might see—Euctemon of Lusia has indicted Demosthenes of Pmania for desertion of post and methinks, he would have added with pleasure, if it had been possible, that he had indicted on the hiring of Midias. But this I pass by; for, as he has disfranchised himself by not prosecuting the charge, I need no further satisfaction for it; I have sufficient already. But one shocking and cruel thing that he has done, 0 Athenians, a crime, as it appears to me, not only against the state, but against our common religion, I will tell you. When that poor unfortunate man, Aristarchus,^ the son of Moschus, had a foul and grievous charge hanging over him, at first, 0 Athenians, he went about the market-place, and diired to spread atrocious and impious reports about me, that I had done the deed; but as he got nothing by that, he went to the relations of the deceased, who were bringing the charge of murder against Aristarchus, and promised to give them money, if they would accuse me of the crime. And neither gods nor sanctity nor anything else stood in the way of his making this proposal: he never hesitated: he was not ashamed to look those he addressed in the face, while fastening on a man this horrible calumny: having but one object in view, to destroy me by every pos¬ sible means, he would leave no stone unturned, as if it were right that any person who has been insulted by Midias, and determines to obtain redress instead of _ holding his tongue, should be utterly exter.minated and not allowed to rest, should even stand convicted, of desertion of post, and be' exiled on a charge of murder, and all but crucified. When he is convicted of all this, in addition to the insults offered me as choir-master, what pardon or what pity is he entitled to at your hands? For my part, 0 Athenians, I consider he has been my murderer by these acts: on that ^ This Aristarchus was charged with the murder of iSTicodemus, a friend of Eubulus, according to Ulpian, who says that Demosthenes on that account was suspected of having instigated the murder, .dilschines insinuates nearly as much in the Oration against-Timarchus, p. 24, where he imputes to his rival an infamous connexion with Aristarchus. The story in Athenccus (xiii. 592), taken seemingly from Idomeneus, repeats the calumny of Midias, that Demosthenes was the actual mur¬ derer. Aristarchus however was believed to be guilty, and fled from Athens. It is remarked by Ulpian, that Demosthenes, having been his fi’iend, avoids all expression of opinion as to his guilt or innocence. AGAINST MIDIAS. 101 occasion at the Dionysia he insulted my apparel, my person, my decorations; but by his doings and proceedings here he assailed them and everything else, my citizenship, my family, my privileges, my hopes; for, had he succeeded in any one part of his machinations, I should have been deprived of all—aye, and I should not have been buried even in my native land. Why so, men of the jury ? Because, if any one that suffers lawless outrage from Midias is to be treated as I have been, when he seeks to obtain redress, it will be better, as they do among the barbarians, to kiss the ground before those that strike you, not to defend yourself. To prove my statements—to show that this impudent scoundrel has added these to his other performances—call me the witnesses. WITNESSES. We, Dionysius of Aphidna, Antiphilus of Paeania, when our relative Nicodemus had come to a violent death by the hand of Aristarchus, the son of Moschus, took proceedings against Aristarchus for the murder. Midias, the party now prosecuted by Demosthenes for whom we are witnesses, having heard of this, tried to persuade us, by offering small pieces of money, to discharge Aristarchus, and to insert Demosthenes in the indictment for the murder.” ^ ^ napaypd\j/a, TrapirjiJLi, I put aside or omit, Trapopdoo, I look on one side, avoid seeing, overlook, &c., TrapaTTpea^eva.', I act contrary to my instructions as ambassador. The same sort of double aspect is found in our own word beside. Thus we say, I sit beside him ; and also, beside the mark, beside the argument. The sense of but for is got from the notion of setting aside; as nap' oA'iyas \j/7j(povs ■/)Tijuwcrar€, but for a few votes you had disfranchised him; without [or setting aside^ a few which gave a majority for acquittal, he was condemned. Uapd with a genitive signifies fi'om the side of, from off; as Traty napcL narpos Aa/u0dyei xpj/iara, or dpxvr, indicating the quarter from which the property or title is derived, without any idea of loss to the party giving, as in dnoAaixBdvw. Between dfaipeiaOui and napaipclcrOai there is this distinction : dcpaipeiadai is, to take right away ; napaipiicrdai, to de¬ tach, to draw off. Thus, ttjv iueirav avufiaxiau napaipoupL^vos (Or. ad Epist. 153): Philip was drawing over to himself the allies of the Thebans —not directly taking them away, but indirectly and gradually —filching their confederacy. How let us come to napaypdcpeLv. This, according to the first idea of napd, signifies to write by the side; as if you add something in the margin of a book, or set one page or column opposite another. Hence napayeypapfievoi ropioi. (See the explanation, Vol. 11. p. 46; and this Volume, p. 34.) A. plea was called Trapaypacpv, because it was entered, or at least produced in court, with the plaintiff’s declaration, so that both could be viewed together. Anything inserted in a document may be said napaypacpecrOai. And as this is sometimes done fraudulently, for example, when a name or a clause is forged in a will or a register, the idea of fraud is in such case attached to the word itself: hence TrapeyypaTTrds noX'iTrjs. In our own language we may say—“ Such a clause was inserted in the will”—with an opprobrious signification, meaning that it was put in clandestinely, or not by the testator. But we must observe, there is no notion of fraud contained in napd, unconnected with the verb. Unless therefore the act of insertion itself constitutes a fraud, nothing criminal is imputed by the word napaypd xpi) Aeoj/Toj ffKhpLVOV iu 'kSKh rpecpeiv, V 5’ ^KTpeCpTJ TIS, TOtS rpSTTOlS inr-qpiTiiu, I VOL. m. 114 THE ORATIONS OP DEMOSTHENES. ancestors dealt with him, when he thought proper to be offensive and insolent. It is assuredly from no wish to liken Midias to Alcibiades that I mention the case; I am not so silly or so stupid; but to make you see and understand, men of Athens, that there is nothing, there can be nothing, neither birth nor riches nor power, which the mass of the people ought to tolerate, if accompanied with insolence. Alcibiades, 0 Athenians, is said to have been by his father’s side of the race of the Alcmeeonids; who, as we arc told, were driven into exile by the tyrants for espousing the democratic party, and, having borrowed money from Delphi, liberated the com¬ monwealth and expelled the sons of Pisistratus.^ By his mother’s side he came from Hipponicus and that house which boasts of many signal obligations conferred upon the people. And, besides having these things in his favour, he himself took arms for the people, twice in Samos and a third time in Athens," displaying loyalty to his country not by gifts of money or words, but by .hazarding his life. Nay more; he had been competitor in the chariot-race at Olympia, and had won victories and garlands; and he was considered (as they tell us) to be of all men the ablest general and most eloquent speaker. Nevertheless your ancestors, his contemporaries, did not for any of these reasons allow him to insult them, but banished and exiled him from the city; and the Lacedse- monians being then powerful, they submitted to have Decelea fortified against them, and to have their ships taken, and to the last extremities, deeming it more honourable to sufler anything by compulsion than consent to be treated with indignity. Yet what outrage did Alcibiades ever commit equal to that which Midias is now proved to be guilty of? He slapped Taureas on the cheek, while discharging the choragic office. Granted. But it was an act done by one choir-master to another; and he was not then violating the present law, for it had not then been enacted. He imprisoned Agatharchus the painter, so they say; but he had caught him in a trespass, we are told; and it is not fair even to men¬ tion it to his reproach. He mutilated the busts of Hermes. All acts of impiety, I conceive, should be visited with the ^ See more particulai’ly Herodotus vi. 123, &c. ^ When he marched with the Athenians to Eleusis, and enabled them to celebrate the Mysteries. (Xenophon, Helen, i. c. 4. s. 20.) AGAINST MIDIAS. 115 same anger; and can the total destruction of a sacred robe differ from the mutilation of Hermes’ busts ? Of that offence however Midias stands convicted. Let us compare the cases.^ Who is Midias, and who are they to whom he so demeans himself? Rest assured, men of the jury, that (besides being dishonourable) it w^ould be unlawful and unrighteous in you, the descendants of such a people, when you have got in your pow’er a rascally and outrageous bully, a mere nobody and the son of nobody,^ to accord him either mercy or pity or favour. Why should you ? For his services as general ? AVhy, even as an individual soldier he is not good for any¬ thing, much less as a leader of others. But for his speeches ? Ill none did he ever utter a word for*the public good, but he abuses every one’s private character. For his family’s sake peradventure. And wLich of you is ignorant of his mys¬ terious birth, resembling what one sees in a tragedy? Two of the most opposite things have befallen him. His real mother who brought him forth was the most sensible of human beings, while she that passed for his mother, she that took him supposititiously, was the most foolish of all women. Why ? Because the one sold him as soon as he was born; the other, when she might have purchased a better for the same price, bought Midias. And hence it is, that having obtained advan¬ tages to which he was not entitled, having found a country which of all states is reputed to be the most constitutionally governed, he is able in no w^ay, as it seems, to bear his for¬ tune or to make use of it. His nature, essentially barbarous and hateful to the Gods, drags him violently on, and makes it evident that he treats his present privileges as if they were not his own; which indeed is the case. ^ He contrasts the case of Midias with that of Alcibiades. The argument was simple and obvious, “ The Athenians of former days punished Alcibiades for his misbehaviour, notwithstanding his high birth and various merits. You, the descendants of those Athenians, would be bound in like manner to punish Midias, even if he had all the good qualities of Alcibiades. But when you see that, instead of being well-born, bi*ave, generous, and eloquent, he is an utterly contemptible person in all respects, it would be monstrous if you showed him any mei*cy after taking such daring liberties with his fellow-countrymen." The orat6r, not choosing to follow the argument step by step, breaks at once into the conclusion. 2 MrjSc-m {A.’qhajxoQ^v. Auger and Pabst follow Wolf’s interpretation, , “ vilissimum hominem.” I follow Schaefer. I 2 116 THE OilATIONS OF DEMOSTHENES. i The performances of this odious wretch having been such as I have enumerated, some of his intimate friends, men of the jury, came advising me to withdraw and compromise the cause; not succeeding with me, they never dared to say that he had not committed gross offences and merited the heaviest punishment, but took this ground, that he had already been found guilty and condemned. “ What penalty,” said they, do you expect the court will inflict upon him 1 Don’t you see that he is wealthy, and will speak of trierarchies and official services ? Mind that he doesn’t beg himself off by it and laugh at you, paying much less to the state than what he offers you.” Now, in the first place, I don’t believe an Athenian jury capable of anything mean, nor imagine they will sentence him to any lighter penalty than one by which his insolence will be checked; that is, either death, or at least, confiscation of his -property. In the next place, as to his official services, his trierarchies and such matters, I will tell you what I think. If this be to serve public offices, to say before you in all the assemblies and on*every occasion, “We are the people who serve public offices, we are the men who advance the taxes, we are the wealthy class”—if to talk in this style is to serve public offices, I acknowledge that Midias is the most magnificent person in the state; for surely his harsh and unfeeling way of talking about these things grates upon our ears in every assembly. But if you want to know what official services he really performs, I will tell you; and mark how fair a test I will bring him to, comparing him with myself. The defendant, 0 Athenians, being about fifty years of age or somewhat less, has served no more public offices than I have, who am thirty-two. And I served the trierarchy, immediately after quitting boy’s estate, at that period when we were two together in command, and when we defrayed the whole cost out of our private purses, and manned the ships ourselves.^ The defendant, when he was at the age which I am now, had not begun to serve offices; he has only entered upon the-duty since you have established the company of twelve hundred,^ from whom these men collect a talent, and for that sum procure a deputy-captain; then the state finds ^ See Bockh’s Public Economy of Athens, Transl. ii, 333. ^ Ibid. ii. 3-11. And see the first volume of this work, Appendix V. AGAlXaT MIDIAS. 117 the crows and provides tackle: so the result is, that some of them really spend nothing, and, while they appear to have served an office, have enjoyed exemption from all other services. Well, but what else? He has once furnished a tragic chorus; I have furnished a chorus of flute-players: and that the expense of this greatly exceeds the cost of the other, every one must be aware. And my service now was voluntary ; his then was forced upon him by a tender of exchange, for which surely he can deserve no thanks. What besides ? I have feasted my tribe, and furnished a chorus at the Panathensea: he has done neither. I was ten years director of one of your tax-boards, paying as much as Phormio and Lysithides and Callaeschrus and the wealthiest people, not from property in my possession, (for I had been robbed by my guardians,) but from the reputation of what my father left me and what I ought to have obtained on coming of age.^ Thus have I dealt by the people: how has Midias ? Not even to this day has he been director of a board of taxes, though he never was deprived by any one of the least part of his inheritance, but received from his father a large estate. Where then are his grand doings ? Where are his official services and rnagnificent outlays ? I cannot see, unless one looks at these things—he has built a house at Eleusis so large as to darken all in the place; and he carries his wife to the mysteries, or anywhere else that she likes, with his white pair from Sicyon; ^ and he ^ AoKitxcurBti'Ta. “ After passing that examination, as to birth, &c., which entitled me to be enrolled as a citizen.” This was in his eighteenth year. ^ “ Very little can be said of the carriages of the Greeks, and even their general shape is involved in doubt. Of names we have but a scanty list, the general terms feu 7 os and oxw® being mostly employed. The use of carriages was very limited, and he who used one in the city ' and environs was set down as effeminate and proud. (Demosthenes cont. Phaenipp. 1046; Aristophanes, Thesm. 811.) It was considered arrogant even in women. Hence Lycurgus the orator caused a law to be enacted that the women shoiild not drive to Eleusis, that the poox’er classes might not feel the distinction. His own wife however trans¬ gressed the law, and he had to silence the informers with a talent.” —Becker’s Charicles, Transl. p. 126, note 26. The ancient kings of Sicyon used to drive white mules ; and there¬ fore, as Ulpian says, the white pair of Sicyonians would be deemed a mark of arrogance in Midias, Tpv(f>r}s ofiov kuI TvpavviKijs ivvoias rcKp.'fjpiou. I 118 THE ORATIONS OF DEMOSTHENES. himself pushes ^ through the market-place with three or four attendants, talking of beakers and drinking-horns and saucers ^ loud enough for the passers-bj to hear. I know not how the mass of the people are benefited by what Midias purchases for his luxury and pride; but I see that the insolence which they encourage in him reaches a good many of you, and some of the humblest too. Then don’t honour and admire things of this kind always ; don’t judge of liberality by these tests, whether a man builds splendid houses, or has many female servants or handsome furniture; but look who is spirited and liberal in those things which the bulk of you share the enjoyment of, Midias, 3"OU will find, has nothing of that kind about him. Oh, but he gave a ship of war: ^ I am certain he will ^ So^et. “ Hoc Cicero appellat per forum rolitare. Fortius tamen Grsecum, ubi inest summotus occurrentium.”— Spalding. See Orat. Catilin. ii. 3. 2 “ The common forms of drinking-vessels which perpetually recur on monuments are the the (pLakp, and the Kapxvo'iov, or, what much resembles it, the udvOapos. The kv\i^ occurs most frequently, and when empty is generally held by one of its two handles. The cpidxri, a kind of saucer, without handle or foot, was laid on the palm of the left hand, whilst the right sometimes holds a drinking-horn. These were called Kspara or pvrd, and occur in manifold shapes. The original and oldest shape is that of the simple bullock’s horn, but the pointed end of this was afterwards transformed into the figures of divers beasts. The proper porhi/ had an opening in the bottom, from which the wine poured into the mouth of the drinker. Inasmuch as the pvrdp differed nothing in form from the Kipas, it is not surprising that the name is also applied to similarly-shaped vessels having no opening. According to the kind of head in -which the lower end of the I’hyton tenninated, so was it named; as, for example, ypvip, Kanpos, iWos, n?j- •yacros, and so on.”—Becker’s Charicles, Transl. p. 106, note 31. The pvTou and the Kvfi^'iov are both described by Athenaius, xi. 481, 497. The latter was named from its boat-like shape. ’ETrifi-pKes to ■Korijpiov Ka\ arevov Tcp napS/xoiou TrXo'Kf}. Martial speaks of them both,—viii. 6 : Archetypis vetuli nihil est odiosius Eucti : Ficta Saguntino cymbia malo luto. And ii. 35: Cum sint crura tibi simulent quae cornua lunae. In rhytio poteras Phoebe lavare pedes. ^ This means that he volunteered to be triei-arch. The state found the vessel itself: the person who provided the outfit and put it in Bailing condition might well be said “ to give a ship to the state; ” for. AGAINST MIDIAS. 119 boast of this and say, I gave you a ship.” Now take my advice, men of Athens. If he gave the ship from patriotic motives, be thankful to him, requite him as he deserves for his kindness; but don’t permit him to be insolent : that should not for any consideration be allowed. If however he can be shown to have acted from base and dastardly motives, don’t you be imposed upon. How can you know the truth ? I will explain even this, but I must give the whole story: it will not take long to tell from the beginning. You had voluntary contributions first for the expedition to Eubcea.^ Midias was not in those, but I was; and my col¬ league in the trierarchy was Philinus the son of Nicostratus. A second time you had them for Olynthus.^ Midias was not in those either: yet surely a man of public spirit should come forward upon every occasion. Thirdly, there have been these last voluntary contributions. Here he was a contri¬ butor. How ? When offers of contribution were made in the council, he was present and made no offer. But when news was brought that the troops at Tamynse were surrounded, and the council passed a resolution to send out all the remaining horsemen, including the defendant, he, dreading the campaign, came forward at the ensuing assembly, before even the com¬ mittee-men had taken their seats, and announced himself a contributor. That his object was to shirk the campaign, and not to be generous, is too clear even for him to deny. How does that appear ? By his subsequent conduct: for in the first instance, when it was determined after some dis¬ cussion in the assembly, that the reinforcement of horse was not then necessary, and the people had cooled about the expedition, he did not go on board the ship which he had given, but sent out the resident alien Pamphilus, the Egyptian, while he himself stayed at home and did those acts at the *until this was done, the empty hulk was of no service. Bockh how¬ ever speaks doubtfully as to the meaning of the expression. (Public Economy of Athens, Transl. ii. 352.) ^ This was the expedition against the Thebans, as to which see Volume II. p. 257. The trierarchy of Demosthenes is the same as that spoken of at page 91. ^ Whether this was an expedition against the Olynthians while they were in alliance with Philip, or one of those sent to their succour against Philip in 350—349 b.c., is a debatable point. Bockh and Thirlwall take the former view; Grote the latter. 120 THE ORATIONS OF DEMOSTHENES. Dionysia for -which he is now -upon his trial. After-wards, when Phocion the general sent for the cavalry from Argura ^ to take their turn of service, and he was caught in his ^ Reiske thinks that the words rovs e| 'Apyoipas liririus denote horse* men who had served at Argura and returned to Athens. Buttmann adopts the same view. Yet, according to the common rule of construc¬ tion, these words should he imderstood of horsemen who were at Argura when Phocion sent for them. And it by no means appears from other parts of the oration, that these horsemen had ever returned from Argura to Athens. Looking at the various passages in w'hich the circumstances of the Euboean campaign are referred to by Demosthenes, I am inclined to think that Midias and his troop of horse went only once to Euboea, and not twice, as Reiske supposes. It appears from the beginning of this jDage (567), that just before the battle of Tamynse Midias and all the cavalrj^ not with Phocion’s army {rovs irnoKo'nrovs iTnreas) were at Athens. The Council order them to he sent out, and Midias (being one of the two hipparchs) would have had to go ^vith them; to avoid which (according to Demosthenes) he volunteered to be trierarch. The Assembly countermand the order of Council; and Midias, to escape personal service of the trierarchy, sends out Pamphilus as his deputy. After the Dionysia however a troop of horse is despatched to Argura, perhaps to take possession of that place, which fell into the hands of the Athenians through the victory of Tamynse. Midias accompanies them. He was not able to avoid it, his ship having sailed, and his name having been drawn for the service. (P. 558 : tcSv ovcTTpaTeva'aixeuwi/ lir-iTfav els‘'Ap'yovpay. ... 6 jxrj toSu i^i6vTwv, or' iKArjpod.) A reinforcement of infantry was sent about the same time. To these Demosthenes was attached. (P. 558 : ravra y6.p eis rovs oirXiTas rji-ias dirrjyjfWero, &c.) It is very possible that the infantry were sent off before the Dionysia, (this may perhaps be implied by the words ovk idoKei T7]s rccy linr4(t}v ^oipQeias ^dr] Suv), and Demosthenes, staying to perform his choragic duty, did not join them till afterwards, and was for that very reason indicted by Euctemon. Phocion, still carrying on military operations, and desiring to relieve the horse who had served at Tamynje, or to exchange them for a more efficient troop, sent for those stationed at Argura. Midias, instead of marching with them, went to take command of his ship, which had helped to convoy the troops and was then lying in some port of Euboea, perhaps Chalcis. (P. 558 : o6' ^Kev cic XaKKidos.) It was on this occasion that he rode on the mule from Argura, as there described. Ob v The full signification of these words is : “ liable to he seized and carried prisoner out of the territory of your allies.” Pabst: es Tconne derselbe vom Gebiet der Bundesgcnossm fort ins Gefdngniss geschU'ppt werdcn. Auger, who wrongly connects ivQvs with ay^yifiov : “ pourra etre saisi dans les villes des allies et amend aussitot.” Compare Xenophon, Hellen. vii. c. 3, s. 11, ^\j/r](pi(ra(r6e Touy (pvydbas ayccyii-iovs clvai in iraawu ruv (rvfiiJLax'iSwj/. As to the orator’s misconstruction of this clause, see post, p. 175. AGAINST AEISTOCRATES, 173 moved, that the people under delusion might confirm it, and the reason why we have preferred this indictment, wishing to prevent such a result, I have told you, men of Athens. Perhaps, as I have undertaken to prove three things, first, that the decree has been moved in violation of the laws, secondly, that it is disadvantageous t-o the commonwealth, thirdly, that the party for whom it has been drawn is un¬ worthy to obtain such honours, it is right that I should give to you my hearers the option, what you would like to hear first, w^hat second, and what last. Consider then which you wotild like, that I may begin with that. Do you wish me to begin with the breach of law? ^ Then to that I will address myself. But I have one thing to request, to entreat of you all—and it is reasonable, I am sure—Don’t let any of you, men of Athens, out of a jealous feeling because he has been deceived in Charidemus and thinks him a benefactor, listen with less favour to my discourse about the laws: don’t let him on that account deprive himself of the « power to vote conscientiously, or me of the right to open my whole case to you as I please: but let him give me his attention thus—and see how fairly I will put it. When I am speaking about the laws, irrespective ^ of the person in whose favour the decree has been moved and of his character, look whether it has been moved contrary to the laws or in accordance with them, and look at nothing else. When I bring his deeds home to him, and explain the manner in which he has deceived you, look at the facts, whether I state them truly or falsely. When I discuss whether or no it is expedient for the commonwealth to pass this decree, lay aside everything else, and consider whether my reasoning upon the question is sound or unsound. If you listen to me in this temper of mind, you will your¬ selves more fully comprehend what is necessary, looking at each point singly, and not trying a heap of questions at once; and I shall be able to explain what I want more easily. Upon every point I shall be brief. Now take and read the laws themselves, that out of their very language I may show the illegality which has been committed. ^ Here we are to suppose the jury gave token of assent. See ante, p. 30, note 1; Vol. II. p. 26. ^ Othei’S connect acfxAin/ with o’/co9ret(r0«. THE ORATIONS OP DEMOSTHENES. ( 174 ONE OF THE LAWS OF HOMICIDE FROM THE AREOPAGUS : “The Council of Areopagus shall have cognizance of murder, and wounding with malicious intent, and arson, and poisoning, if any one shall kill another by giving poison.” Stop. You have heard both the law and the decree,^ men of Athens. I will tell you how, as it appears to me, you will most easily comprehend the arguments on the point of ille¬ gality. You must look what is the position of the man, in whose favour the decree has been moved; whether he is an alien, or a resident alien, or a citizen. If we call him a resident alien, we shall not be speaking the truth; if an alien, we shall not be acting justly; for the people’s grant, by which he has become a citizen, ought to stand good. We must treat him therefore in argument, it seems, as a citizen. And only see how fairly and equitably I will deal with the question: for, while I rank him in that class in which he will obtain the highest honour, I don’t consider that privilege^ which even we native citizens do not enjoy, ought in con¬ tempt of the laws to be accorded to him. What privileges do I mean 'I Those which the defendant has inserted in his decree. It is written in the law, that the Council shall have cognizance of murder, and wounding with malicious intent, and arson, and poisoning, if any one shall kill another by giving poison. And the legislator having premised, “ if any one shall kill,” has nevertheless ordered a trial, before saying how the author of the deed is to be punished; herein, men of Athens, exercising a wise forethought for the religion of the whole state. How so ? It is impossible for all of us to know who the murderer is. To believe therefore any such charges without trial, hq thought would be monstrous; and ho considered that, since it is we who will have to avenge the sufferer, we must be satisfied and convinced by proof that the accused party is guilty; for then is it righteous to punish, when we are acquainted with the facts, and not before. More¬ over he reckoned that all such expressions as “ if one shall kill,” “ if one shall commit sacrilege,” “ if one shall commit treason,” and the like, before trial are terms of accusation ' ^ The decree of Aristocrates, set forth in the indictment, which was read by a clerk of the covirt to the jury at the commencement of the triaL AGAINST ARISTOCIJATES. 175 only, after trial and conviction they become crimes. With a term of accusation he thought it proper to associate not punishment, but trial. And therefore he enacted that, if any man shall kill another, the Council shall have cognizance, and did not state what he is to suffer upon conviction. Thus did the legislator express himself: how did the author of the decree 1 “ If any one shall kill Charidemus,” he says—the misfortune he has described in the same terms as the legis¬ lator, “ if any one shall kill ”—but he does not go on in the same manner; he has done away with all judicial hearing, and made the party liable to immediate arrest; in contempt of the tribunal appointed by law, he has given over without trial to his accusers, to be dealt with according to their plea¬ sure, a person whose gaiilt is not yet clear. And when they have taken him, it will be lawful for them to torture or to beat or to exact money from him.^ But all these things are ^ It is impossible, as I have already intimated in the Argument, to extract from the words of the decree, which are here cited, the meaning which the orator attributes to them. Salmasius indeed, in order to reconcile them with the argument of Demosthenes, assigns an extraor¬ dinary force to the terms &yciy and aydyifMou, for which he has been severely handled by his great opponent Heraldus, with whose opinion most scholars concur. The controversy between them is thus stated and decided by Taylor in his preface : “Ab hoc Criticorum pari, Salmasium intelligo et Heraldum, cum multa acriter et erudite utrimque disputantur, quae ad causam Aristo- crateam pertingunt, turn illud imprimis, quod istius causae pene summam .non mediocriter afficit: nimirum, cum in sua rogatione scripserit Aristo- crates— Quicunque Charidemum interfecerit, turn ex omnibus gentihus, quce foedere et amicitid cum 'populo A theniensi conjunctce forent, dycayigor iivai — quid per illud dyuiyigov necessario sit intelligendum, scilicet quid .cuivis in eum hominem liceret, qui Charidemum leto dederit. Fuisse dwaywy^r in jurisprudentid AtticS,, istius juris periti probe norunt: norunt eti^m, quid sibi velit et qualiter exercenda. Nimirum injects manu reura in jus ducere, ut ibi legitimum supplicium de eo sumatur : praeterea nihil. Atque in hoc, credo, consentiunt, qui in omnibus fere aliis dissentire inter se videntur. Attamen, si Demostheni credas, ex hac Aristocratis rogatione sequeretur, inclementius omnino et indignius tractari potuisse eum, qui Charidemum interfecerit, quam communi isto dvayuyri^ ritu in quamvis alium ordinario erat statutum. Ita enim ille p. 631, tv y^ iroiuv dywyigov Trdvd', 6(ra dnelpnKev 6 vdgos, SiSuKas, 'irpd^acrdai, ^wvra ^vgaiveadai, kmcovv, exovra avrhv diroKTivvi'yai. Haec quam aliena sint, vides. Quam absonum hoc, ut aliud scilicet in suasione Aristocrate4 exprimeret vox d;irdyeiv, aliud in jcommuni istius populi vogodfala ! Comminiscitur ergo Salmasius com- mentum, in quo sibi maxim^ placere videbatur, differre dyetv et dyuyifwv 176 THE ORATIONS OF DEMOSTHENES. by the law underneath ^ positively and plainly forbidden to be done even to convicted and declared murderers. Bead them the words of the following law:— THE LAW. “ And it shall be lawful to kill ^ murderers in our own territory or to take them into custody, as the lawgiver directs in the tablet,^ but not to ill-treat nor to amerce them, under ab eo quod dicitur dirdyeiv et dnayayifxov : illud esse vi domum crucian- dum, si ita videretur, hoc jure ad magistratum puniendum ducere ; et tulisse porro Aristocratem extrema ilia et durissima. Id tamen omnino falsum est. Graeci dyeiy et dirdyeiv promiscue et indifferenter, sicut Latini ducere et ahducere, dicunt, ut pluribus ostendit Heraldus. ISTeque porro Aristocrates tantum cuique licere sua rogatione voluit. Non ea erat istius inclementia, quam in hac oratione iusectatur Demosthenes, verum alia omnino. Insimulabatur enim potissimum, primum, quod, cum leges nihil permittant nisi in eum, qui in jure legitime convictus fuerit, Aristocrates scripsit licere etiam in indemnatum: secundo, cum istud dirdyeii/ neque in damnatum competebat, modo ab Atheniensium ditione abstineret, id Aristocrates voluit fieri extra Atticum territorium etiam in indernnato. Quod autem addidit de contumeliis iis et injuries^ usque ad necem tractatione, id suo more exaggerat, oratorio potius quam juridice, et est luculentissimum argumentum istius violentiae in quS tantum dominatur Demosthenes. Et in et sententia video esse Ulpi- anum in scholiis ad hanc orationem.” The error of Salmasius, though not expressly countenanced by the words of Demosthenes, was doubtless occasioned by the fallacious reasoning which runs through all the first paid of the oration. Demo¬ sthenes, instead of simply objecting that the decree did not specify where the prisoner was to be taken and whad was to be done with him, asserts that it positively authorized the illegal and oppressive measures which are mentioned in the text. As Auger properly puts it: “Comme I’auteur du d^cret, apr^s ces mots, poan'a Stre saisi, n’ajoutoit pas pourquoi celui k qui on imputeroit le meurtre de Charideme pour- roit etre saisi, si c’dtoit pour etre jug4, ou pour un autre fin, Ddmo- sthene met les choses au pis.” Since we may fairly presume, that Demosthenes brought to the attention of the jury all those parts of the decree which made against the author, and that, if he has omitted to notice any clauses, it was probably because they were unfavourable to his own argument, the least we can say is, that the charge here ad¬ vanced is a violent exaggeration. ^ The law written under the one last cited on the board exhibited to the jury. 2 That is, “they might be killed, if they resisted lawful capture;” as Heraldus explains it. ^ The laws of Solon were originally inscribed on wooden tablets of a pyramidal shape, made to turn on an axis, and hence called a|orer, and sometimes Kvpfieis. They were at first kept in the Acropolis, but afterwards brought down to the Prytaneum. AGAINST ARISTOCRATES, 177 pain of having to pay double damages. And the Archons shall bring to trial such causes as they have cognizance of respectively for any one that desires it: and the court of Helisea shall decide.” You have heard the law, men of Athens. Look and ob¬ serve, how wisely, how piously the legislator has drawn it. Murderers, he says. In the first place, by a murderer he means one who has been found guilty by verdict: for no one falls under that designation, before he has been convicted and found guilty. Where does he show this ? Both in the former law and in the present. In the former, after the clause “ if any one shall kill,” he added “ the Council shall have cog nizance:” in this, after naming the murderer, he has de¬ clared what he ought to suffer. Where the thing was accusation only, he has directed the trial; but where the term has become properly applicable 'to a convict, he has ordained the punishment. He must therefore be speaking of convicted parties. And what says he? That it shall be lawful to kill or to take into custody. Does it mean, to the captor’s own house, or as he pleases ? No such thing. How ^ then ? As is directed in the tablet, he says. And what is that? What you all know. The Judges have authority to punish with death those who are in exile for murder; and you all saw the person in the assembly last year carried oft by them to prison. It is to them therefore that he orders the party to be taken. And how does this differ from taking him to the captor’s own house? He that takes off the ofiender to the Judges, men of Athens, gives all power over him to the laws; he that carries him to his own house gives the power to himself. In the former case the punishment may be such as the law prescribes; in the other case, such as the captor pleases: and surely it makes a vast difference, whether the law has authority to inflict punishment, or whether an enemy has. “ But not to ill-treat nor to amerce,” it says. What mean those expressions ? By not ill-treating, a term undoubtedly familiar to all, he means not to scourge, not to shackle, not to do anything of that sort: and by not amercing, not to exact pecuniary penalties; for the ancients called a pecuniary penalty an amercement. Thus has tho law defined how a murderer and a convict must be punished, and where, naming the country of the sufferer; and has posi- VOL. III. N 178 THE ORATIONS OP DEMOSTHENES. lively declared that it shall be in no other manner but that, and nowhere else but there. The author of the decree how¬ ever is far from having defined it thus: in fact he has said quite the contrary; for after writing ‘‘ if any one shall kill Charidemus,” it shall be lawful,” he adds, “ to apprehend him in any .place.” .What mean you? When the laws do not permit even convicts to be taken into custody except in our own territory, do you allow a man without trial to be appre¬ hended in all the domain of our confederacy ? And when the laws do not sanction the arrest even in our own territory, do you authorize it to be effected everywhere? Moreover, in making the offender liable to be arrested, you have allowed everything which the law has forbidden; to extort money, to ill-treat and torment him in his lifetime, to keep him in pri¬ vate custody and put him to death. Could any conviction for aYi illegal motion be clearer than this ? Could there be a conviction for a more shameful decree? For, when there were two expressions open to your choice, one applicable to parties accused, “ if any one shall kill,” another to convicted parties, if any one shall be a murderer,” in your description you adopted the term for a person under accusation, but you pronounce against untried parties a sentence which the laws do not pass even upon the condemned; and the intermediate proceedings you suppressed: for between accusation and con¬ viction is trial, which the defendant has nowhere introduced in his decree. Read the laws following:— THE LAW. ‘‘ And if any one shall kill a murderer or . be the cause of his death, whilst he keeps away from the border-market ^ and from the games and Amphictyonic sacrifices, such person shall be liable to the same penalties as if he had killed an , Athenian; and the Fifty-one^ shall decide.” . You ought to be informed, 0 Athenians, what was the intent of him that framed the laws: and you will see how ^ This, as the orator himself shows, w^as a place on the confines of two neighbouring states, where the borderers met for the purpose of traffic. 2 The EphetfB, of whose criminal jurisdiction I shall speak in Appendix VIII. AGAINST ARISTOCRATES. 17D cautiously and conformably to legal principles he defined everything. If any one shall kill a murderer, (he saj’^s,) or be the cause of his death, whilst he keeps away from the border-market and from the games and Amphictyonic sacri¬ fices, such person shall be liable to the same penalties as if lie had killed an Athenian; and the Fifty-one shall decide. What does all this mean? He considered that, if a man who has fled from his country on a charge of murder and been condemned has once escaped and saved himself, though he ought to be expelled from the native land of his victim, it is not righteous to kill him in every place. What was the legislator’s view ? That, if we slay, people who have fled to other countries, others will slay those who have fled to Athens. And should this be the case, the only refuge that is left for the unfortunate will be abolished. What is this? The power of removing from the land of the murdered to a land where none have been injured, and there dwelling in security. To prevent what I say, and in order that the avenging of misfortunes may not be endless, he wrote—if any one shall kill a murderer whilst he keeps away from the border-market”—those are his words: meaning what? From the borders of the country. For there, as it appears to me, our own people and the neighbours adjoining used in ancient times to assemble; whence he has called it border- market. And again, “from the Amphictyonic, sacrifices.” Wherefore, I ask, did he exclude a murderer from these too? He banishes the culprit from everything in which the deceased in his lifetime had a part: first, from his country and all things in it either sacred or profane, assigning the border-market as the limit from which he declares him excluded: next, from the sacrifices of the Amphictyons; for in them, if the deceased was a Greek, he had a part. And from the games. On what account? Because the games in Greece are open to all, and by virtue of the general right the deceased had access to them also. Therefore also from them let him keep away. From all these places he banishes the murderer. But if any one shall kill him elsewhere, out of the excepted places, the legislator has given the same redress as in the event of killing an Athenian. For he did not describe the exile by the name of the state, with which he has no communion, but by that of the crime with which he N 2 f ISO THE OBATIONS OF DEMOSTHENES. has made himself chargeable; and therefore he says, “ if any one shall kill a murderer.” Then, after stating from what he must be excluded, in order to impose the sentence legally he mentioned the name of the state—“let him be subject to the same penalties as if he were to kill an Athenian”— speaking a different language, 0 Athenians, from the mover of this decree. Is it not cruel, when the law has allowed men to live safely in exile, on condition of their avoiding the places which I have mentioned, to propose that they shall be delivered up, and to rob them of that benefit of mercy which the unfortunate may fairly claim from those whom their crimes concern not; it being uncertain, in the darkness of our future destinies, for which among us all the benefit is reserved. And now, should the slayer of Charidemus (sup¬ posing such an event really to happen) be slain in return by any persons to whom he is surrendered, after he has gone into exile and keeps aloof from the forbidden places, they will themselves be amenable to the penalties of murder, and so will you, Aristocrates: for it is written, “ if any one be the cause,” and you will bo the cause, having given the sanction of your decree. Well then: if we let you alone in such a case, we shall be living in company with men pol¬ luted ; if we take proceedings against you, we shall be forced to act contrary to our own determinations. Is it a slight or trivial ground that you have for setting aside the decree'? Now read the next law: V- THE LAW. “ If any one beyond the boundaries shall pursue or seize, or carry off^ any homicide who has quitted the country, ^ 4>eprj ?) Pabst: gewaltsam hehandelt und herauht. Auger: saisira, emmenera; ” which I take to be more correct. The phrase- SyetJ' Kol (pepeiv undoubtedly signifies “ to plvmder,” “ to rob and pill,” as Spenser has it. “Arynv is properly applicable to the living booty, ^epeiy to the inanimate; but the two verbs together are used in a loose sort of way, as if they were equivalent to with an accusative of the people or country pillaged: as in Xenophon, Hellen. iii. c. 2, s. 11, v iv oX'xvjai Kpeirrovs ((readoff dyovpT}x07jmi OijT€ \6xof'^* Uvai avv o.picrri]^(Ts ovk ToioucS’ dKijTas 6/mov vaUiv 7r4A«. Cicero, praising the conduct of the Roman senate, calls it “ a perfect Areopagus.” Epist. ad Attic, i. 14. “ Senatus fipetoj vdyos. Nihil con* .etantius, nihil severius, nihil fortius.*’ AGAINST ARISTOCRATES. 1S9 demand and to render justice for murder, and to sit in judgment upon disputes between each other; so says the legend : Neptune demanded justice of Mars on behalf of his son Halirrhothius,^ and the twelve Gods sat in judgment between the Furies and Orestes. Such are its ancient • glories : now for those of later date. This tribunal neither despot nor oligarchy nor democracy has ventured to deprive of its jurisdiction in murder: all people consider that any process of their own invention would be less efficacious than that devised by the Areopa- gites. In addition to such important facts, here only has it occurred that neither a convicted criminal nor a defeated prosecutor ever established a charge against the propriety of the verdict.^ In contempt of this jurisdiction and of the legal remedies attached to it, the author of the present decree has empowered Charidemus in his lifetime to do what he pleases, and, in case any disaster should befal him, has given the means of persecution to his friends. Just consider. Of course you all know that in the Areo¬ pagus, where the law allows and requires proceedings to be taken for murder, in the first place the party who charges another with any such crime will make oath with impreca¬ tions upon himself and his family and his house ; in the next place it is no ordinary oath that he has to swear, but such as is taken upon no other occasion; for he must stand upon the entrails of a boar and a ram and a bull,^ and they must have been immolated by the proper persons and on ^ Mars killed him, according to the fable, to avenge the violence offered to his daughter Alcippe. The place where the murder was tried was hence called Areopagus, or the Hill of Mars. Apollodorus, Myth, iii. 14. 2. 2 “ Negavit hoc postremis suis temporibus ipse Demosthenes, chm ab Areopagitico Senatu acceptae ab Harpalo pecuniae damnaretur.”— JReiske. * “ Fortasse etiam prius fuerunt qui uegarent, aAA’ ovSeU Schaefer. ® “ A Graecis igitur Romani acceperunt sua Suovetaurilia, ut et plerosque deos suos.”— Palmer. As to the ceremonies customary among the Greeks in the taking of oaths, I refer the reader to Article Jusjurandum (Greek) in the Archae¬ ological Dictionary; which was written by me, but in the second edition has been appropriated (it is to be hoped inadvertently) by the Editoc to himself. 190 THE ORATIONS OP DEMOSTHENES. the appointed days, so that both in regard to the time and the officiating persons every due solemnity may have been observed. And even then the party who has sworn such an oath is not yet believed, but, in case he should be con¬ victed of untruth, he will carry away the curse of perjury upon his children and his family, and that is all he will get by it. If his accusation be considered just, and he obtain a conviction for murder, even then he gets no power over the’ condemned, who for punishment is given up to the laws and to the persons charged with that office : he may behold the condemned suffering the penalty which the law imposes, but nothing further. Such is the duty assigned to the prosecutor : the accused has to take the oath in like manner, but, after he has delivered his first speech, he is at liberty to withdraw, and neither the prosecutor nor the judges nor any persons whatever have authority to prevent him. How comes it to be so, men of Athens ? Because they that made the ordinances originally, whoever they were, whether Heroes or Gods, did not press upon the unfortunate, but humanely, as far as they could with propriety, alleviated their miseries. All these regulations, so fair and so equitable, the framer of the present decree is shown to have infringed ; for not a single portion of them is adopted in his decree. First therefore this one tribunal, its written laws and unwritten usages, .liave been violated by the decree. A second tribunal also, the court of Palladium,^ for the trial of involuntary homicide, he supersedes, as I shall show, and infringes the laws which are administered in it. For here the practice is, first for the parties to swear, then to plead, and lastly for the court to decide : of which there is ^ Of the jurisdiction of these four courts, t6 eVt HoAXaSt^, to eVl AeA(pim^, t6 iirl UpVTaveia, t6 4u ^peoTTOi, I shall speak in Appendix VIII. Of their origin some account is given in Pausanias (i. 28), as well as in Harpocration and elsewhere. The first of them was held in a temple of Pallas, where, according to the story, was deposited the Palladium brought from Troy by Diomed and his followers, who, landing on the coast of Attica, were inadvertently attacked, and some of them slain, by Demophoon and the Athenians. The second was held in a temple of Apollo Delphinius, evidently on account of the protection afforded by the Delphic god to Orestes. Tlie third was held in a room of the Prytaneum, or city-hall. The fourth was by the sea-shore in Piraeus, and received its name and rod (ppearos, because it was held in a pit. I AGAINST ARISTOCRATES. 191 nothing in this man’s decree. If the accused be convicted' and found to have done the deed, neither the prosecutor nor any one else has power over him, but only the law. And what does the law' command ? That one convicted of involuntary homicide shall on certain stated days leave the country by an appointed road, and remain in exile until he has appeased certain of the relatives of the deceased then it permits him to return, not anyhow, but in a particidar manner, ordering him to sacrifice and to be purified, and giving some other directions what must be done. Rightly, 0 men of Athens, does the law prescribe all this. For it is just to make the penalty of unintentional homicide less than that of intentional; and it is right to provide security for leaving the country before banishment; and for the returning exile to make atonement and purify himself by certain ceremonies, and for everything to be under the control of the laws, this and all of it is reasonable. Yet all these aiTangements, planned so wisely by the original legis¬ lators, the defendant in framing his decree disregarded. Here then have we two tribunals of high dignity and importance, and usages handed down from time immemorial, which he has impudently overridden. There is also a third tribunal, one of the most aw'ful ^ sanctity, where a man acknowledges that he killed, but contends that he has done it lawfully. This is the court of Delphinium. It appears to me, men of the jury, that they who originally settled the law upon these subjects inquired in the first instance, whether no homicide could be deemed rightful, or whether a certain kind ought to be so deemed; considering then that Orestes, acknowledging to have killed his mother, gets a tribunal of Gods to try him and is acquitted, they held that some kind of homicide was justifiable ; for Gods would certainly not give a wrong verdict. Having come to that opinion, they defined in precise terms the causes for which it was lawful to kill. Aristocrates how’’- ever makes no exception, but simply declares that, if any one shall kill Charidemus, (even though justly or as the laws ' Pabst: bis er eine Person aus der Familie des Ermordeten fur sich gewonven hat. Schaefer is inclined to read ald^ar}, as the middle verb is elsewhere applied to the relatives forgiving the culprit. (See p, 645.) I don’t agree with him. 192 THE ORATIONS OF DEMOSTHENES. allow,) he must be given up. Now to all actions and,words , there are two possible predicates/ namely of just and unjust. No single action or word can have both of them at the same time ; (for how could the same thing be at once just and not just?) but everything before trial is supposed to have one or the other if it appear to have the quality of in¬ justice, it is set down as base, if of justice, as honourable and good. You however attached neither of those conditions to the clause “ if any one shall killbut having expressed the charge itself indefinitely, and having added immediately after, ‘'that he may be lawfully apprehended,” you have clearly treated this third tribunal and its usages with contempt. There is a fourth besides these, the court in the Pry- taneum, whose jurisdiction is as follows. If a stone or a piece of wood or iron or anything of the kind falls and strikes a man, and we are ignorant who threw it, but know and have in our possession the instrument of death, proceedings are taken against such instruments here. If then it is not right that inanimate and senseless things, when they lie under such a charge, should be left untried, surely it is impious and dreadful, that one who is possibly innocent, but who (assuming him to be guilty) is at all events a human being and gifted by fortune with the same nature as ourselves, should upon such a charge without hearing and judgment be given up to his accusers. There is yet a fifth tribunal, which he has failed to respect, and I beg you to observe its character. It is that in Phreatto. Here, men of Athens, the law requires a person to take his trial, who has been exiled for involuntary homi¬ cide, and, before those who caused his banishment have pardoned him, incurs the charge of wilful murder. And the framer of these several ordinances did not, because it was impossible for the criminal to come to Athens, overlook his case, nor, because he had done some such act before, did he ^ Pabst: Es sind fiir alle menschliche Thaten und Reden zwei Seiten moglich, cine rechtliche und eine rechtswidrige. Auger: “ Toute action et toute parole sont toujours accompagndes de Tune de ces deux qualit^s, de la justice et de I’injustice.” ^ Pabst: Aber hei Prufung jeder Sache setzt man voraus, doss dieselhe. cine von beiden Seiten habe. Auger; “ On examine laquelle des deux convient h cbaque action.’* AGAINST ARISTOCRATES. 195 at once take a similar charge against him for gmnted j but he found a means to keep religion unprofaned, and did not deprive the criminal of a hearing and trial. What did he then? He brought the judges to a spot to which the criminal might repair, appointing a certain place in Attica by the seaside, called Phreatto. The accused then sails up in a vessel and pleads, without touching the land; the judges hear and decide on shore. And if he is found guilty, he suffers the punishment of wilful murder, justly; if he is acquitted, he escapes that penalty,- but undergoes the exile for his former homicide. Why, let m^ask, have these arrangements been made so carefully? ^he contriver of them thought it was the same impiety to leave a guilty man at large, and to give up an innocent man for punishment before trial. Now, if for already declared homicides such anxiety is shown, that they may obtain a hearing and a trial and everything that is fair upon a subsequent charge, surely in the case of a man who has not been convicted, on whom no judgment has been passed, whether or no he did the deed, whether intentionally or unintentionally, it is out¬ rageous to frame a decree for giving him up to his accusers. In addition to all these legal remedies, there is also a sixth, which the defendant has equally set at nought by his decree. If a man has been ignorant of aU the other courses, or if the times within which they must each be pursued have gone by, or if for any reason whatever he does not choose to adopt these methods of prosecution, but sees the homicide walking about in the temples and the market, it is lawful to carry him off to prison, but not to his own house or where he pleases, as you have allowed. And when he is brought to prison, he will suffer nothing there before trial, but, if he is found guilty, he will be punished with death; if the person who arrested him fails to get a fifth part of the votes, he will be mulcted in a thousand drachms. Aristocrates orders nothing of this kind, but that the one party may accuse without risk, and the other be given up instantly without trial. And if any persons or even a whole community shall interfere, to prevent the destruction of all these usages which I have enumerated, the abolition of all these tribunals which I have spoken of, which Gods estab¬ lished, and to which men have been resorting ever since, and ' VOL. III. 0 i 194 THE ORATIONS OF DEMOSTHENES. shall rescue the party thus illegally attacked aud outraged, he has put in a clause to excommunicate them/ nor does he allow even them a hearing or a trial, but punishes them without trial immediately. How could there be a more shameful decree than this, or a more illegal one ? Have we any law yet remaining ? Show me. There is one. Recite it. THE LAW. “If any one shall die a violentsleath, his relations shall be. entitled to take hostages in that behalf, until they have either submitted d judgment for the homicide,^ or given up the authors of it. And the taking of hostages shall extend to three, but not beyond.” There are many good laws, 0 Athenians, but I don’t know that any is better or juster than this. Only see how equit¬ ably, how very humanely it is drawn. “ If any man shall die a violent death,” it says. First then, by adding this word “violent,” he^has given us an indication that he means “if unjustly.” The relations, he says, shall be entitled in that behalf to take hostages, until they have either submitted to judgment for the homicide or given up the authors of it. Look how fairly. First he requires them to submit to judg¬ ment ; secondly, if they do not like this, he orders them to give up the author ; if they will not do either of these things, he says, the taking of hostages shall extend to three, but not beyond. Well then ; every part of this law is contravened by the decree. For in the first place he writes, “ if any one shall kill,” but does not add “unjustly,” or “violently,” or anything at all. In the next place, before any demand of 'satisfaction, he orders that the party may be immediately apprehended. And in addition to this, while the law directs ^ ’'EicaTTovdov eyparbev elmi, Pabst: erklart iJin fur avjsgeschlossen von den Vertrdgen und Rechten. Auger: “ les declare exclus des trait^s.” 2 “ Subaudi Trap oh av to ivaQos 'ytvrjTai, ut p. 648, 17. Illi, apud quos csedes erit perpetrata, et a quibus tree cives abducentur pignoris loco futuri, donee poenac perempti dentur.”— Reiske. Auger translates it; “ les parents, pour venger sa mort, pourront faire prendre les per- sonnes chez qui le meurtre s’est commis, jusqAk ce qu’elles subissent elles-memes un jugement, ou qu’elles livrent le meurtrier.” The nomi¬ native governing viTocxoiO'iv and e/cScUtrt is the word dvSpes, understood in dpdpoA7}\]/las. The hostages may be said to do themselves what the state does on their behalf. AGAINST ARISTOCKATES. 195 that, if the people among whom the disaster has occurred neither submit to judgment nor give up the authors of the crime, they shall be liable to have hostages taken from them to the number of three; Aristocrates lets them go un¬ punished, nay, he has left them out of account altogether; but those who have harboured a man already in exile, (for so I will assume,) according to the universal law which per¬ mits the receiving of an exile, he excludes from all connexion with Athens, if they will not deliver up the suppliant for punishment. Therefore, by his having no proviso as to the mode of killing, and by his not directing any trial or any demand of satisfaction, and by his allowing arrest in any place whatever, and by his punishing those that harbour and not those among whom the disaster occurred, in short by everything it is quite manifest, that here is another law violated by his decree. Now read the next: THE LAW.^ And it shall not be lawful to propose any statute apply¬ ing to a particular man, unless the same shall apply to ail Athenians.” ^ A priviUgium, or law specially made for a particular person, was forbidden by the Twelve Tables, as Cicero tells us, Orat, pro Domo, 17 : “ Quo jure, quo more, quo exemplo, legem nominatim de capite civis indemnati tulisti ? Vetant leges sacratse, vetant duodecim tabula?, leges privis hominibus irrogari: id est enim privilegium. Nemo un- _ quam tulit; nihil est crudelius, nihil perniciosius, nihil quod minus hsec civitas ferre possit. Proscriptionis miserrimum nomen illud, et omnis acerbitas Sullani temporis, quid habet quod maxim b sit insigne ad memoriam crudelitatis ? Opinor pcenam in cives Romanos nomina¬ tim sine judicio constitutam.” Compare De Legibus, iii. 4.19 ; Brutus, 23; Orat. pro Sextio, 30. It appears from these passages that Cicero understood the word privilegimi as used in a bad sense only, of a penal law passed against an individual, such as the bills of pains and penalties with which extra¬ ordinary offences have occasionally been visited in our own country; as to the propriety of which I shall refer the reader to Hallam’s Con¬ stitutional History of England, vol. ii. p. 149. In the like sense it was understood by Blackstone, who writes in his Commentaries, i. 46 ;— “ There is a still more unreasonable method than this, which is called making of laws ex post facto: when after an action (indifferent in itself) is committed, the legislator then for the first time declares it to have been a crime, and inflicts a punishment upon the person who has com¬ mitted it. Here it is impossible that the party could foresee that an o 2 196 THE ORATIONS OF DEMOSTHENES. The law which has just been read is not another of the laws of homicide, men of the jury, yet it is fully as good, if any law ever was so. For the proposer of it thought that, as other constitutional rights are equally shared by all, so ought eve^ man to share equally in the laws; and therefore he made it unlawful to propose any statute applying to a particular man, unless the same should apply to all Athe¬ nians. Since then it is admitted that decrees ought to be framed according to the laws, a man who draws a special one in favour of Charidemus, which will not extend to all of you, clearly must have moved in contravention of this law. For it can never be constitutional to put that in a decree, which cannot even be the subject of a statute. Bead the next law—or are these all ? i THE LAW. “ And no decree, either of the Council or the People, shall have greater authority than a law.” action, innocent when it was done, should be afterwards converted to guilt by a subsequent law ; he had therefore no cause to abstain from it, and all punishment for not abstaining must of consequence be cruel and unjust.’’ To which he adds in a note, “Such laws among the Romans were denominated Privilegia.” Strictly however Privilegium was a general term, corresponding to the vojxos eir’ dv^pl redels of the ■Athenian, which might be a law either for the advantage or the disad¬ vantage of the party concerned. A law passed for a man’s benefit, though undeserved, could scai-cely be so odious as one passed for the -opposite purpose; and hence the term came to have a one-sided application. It does not appear to me that Demosthenes makes a fair use of the statute which he quotes. It is true indeed that all laws should as far as possible be general in their application, and we might well expect that it would be the policy of the Athenians to observe such a rule. When however it is contended, that, as there cannot be a law affecting an individual only, a fortioH there cannot be a decree for such a purpose, this I take to be a fallacy. To grant special honours, privileges, or immunities for some extraordinary merit or service, becomes necessary occasionally in all states, and was, as we know, the practice of the Athenians. Now the proper way of effecting this object was to pass, not a law, but a decree, in order to preserve that very distinction be¬ tween laws and decrees which Demosthenes himself so strongly insists upon. In England peculiar powers or privileges are conferred by private Acts of Parliament. At Athens there was no such thing as a private statute. The same purpose could be effected by a decree. . Even a frivilegiv/m might be .obtained by the suffinges of six thou¬ sand citizens voting by ballot. (See Andocides De Mysteriis, 87, Ed. Bekker.) Demosthenes cites only a part of the law. AGAINST ARISTOCRATES. 197 Put it down. It will be short and easy work, I expect, men of the jury, to show that this law has been violated by the decree. For when there are so many laws, and when a man has prepared a motion in defiance of them all, and included a private concern in a decree, how can it be doubted that he requires a decree to have greater authority than a law ? I wish also to show you one or two of the decrees which have been drawn up for real benefactors of the commonwealth, that you may see it is easy to frame just resolutions, when the sole purpose of framing them is to honour a man and impart to him the rights that we enjoy ourselves, not under the show of doing this to practise trickery and fraud. Ptead these decrees. That it may not be long for you to hear, from each of the decrees is selected just that part which concerns my charge against the defendant. Bead. \Extracts are here read from 'various decrees.'\ You see, men of Athens, that all have drawn them up in the same manner : (let there be the same redress for him, it says, as if the party killed an Athenian:) leaving your existing laws upon this head in force, and even setting off their dignity, since they esteemed it as a boon to allow any one to share them. Not so Aristocrates. He vilifies them as much as he possibly can ; (certainly he treated them as worthless when he took pains to draw a special decree :) and even disparages the gvant, by which you have bestowed citizenship upon Charidemus. For, as if you were only too happy and even owed him an obligation, he has proposed that you should guard his person, so that he may do what he likes with impunity. Is not this acting as I say ? I know, men of Athens, Aristocrates will not be able to show that he has not plainly transgressed the laws by his decree, but will endeavour to keep out of sight the most grievous of his delinquencies, namely, his not having in the whole of his decree appointed any trial of such a charge. I do not deem it necessary to say much upon this point, but I will show clearly from the decree itself, that even he does not suppose there is any trial for the accused party. For he has it— “ if any one shall kill Charidemus, he may be law¬ fully apprehended, and if any people shall rescue him. 198 THE ORATIONS OF DEMOSTHENES. whether they be individuals or a community, they shall be excluded from our connexion”—not, unless they surrender for trial the party rescued, but absolutely at once. Now, if he were allowing a trial and not taking it away, he would have put in the penal clause against the rescuers, in the event only of their not producing the rescued party for trial. I believe that he will urge this plea also, and try hard to mislead you by it—that the decree is of no effect, for it is an order of Council, and the law declares that resolutions of the Council shall be in force for a year, so that, even if you acquit him now, the state will suffer no detriment by the decree.^ In answer to which I would, have you remember— ' Aristocrates drew this decree, not that it might be void and thus no harm should befal you, (for he could haye abstained from drawing any at all, if he had the good of the common¬ wealth in view,) but that you might be deluded and certain people execute projects adverse to your interests. The parties who have indicted the decree and caused delay, and through whom it is invalid, are we. It would be absurd then, if that for which thanks is due to us should be the safety of our opponents. Nor indeed is the thing so simple as one imagines. If there was no one else that would draw decrees like him without regard to your interests, the thing would have been less serious perhaps : but, *as there are many such persons, it is not well for you to leave the decree unrepealed. For who will not draw decrees boldly in future, when this one is adjudged blameless^ Who will refuse to ask your votes upon them ? Who will indict them 1 You have not therefore to consider, whether this decree is void by lapse of time, but to reflect that by your verdict upon this, if you pronounce it legal, you will give impunity to men who may wush to wrong you hereafter. ^ The supposed argument of Arlstocrates would be indeed absurd. For if the jury acquitted him upon his trial, the decree would be pro¬ nounced legal and remain in force : if either he declined to support it. or a verdict wpre found against him, then the decree certainly would have had no more effect than a Probouleuma, but that, as the orator says, would be owing entirely to the prosecution, and no thanks for it to Aristocrates. One is inclined to think that Demosthenes is here raising up a straw, in order to blow it down again : yet it is difQcult to judge how far it might be necessary to caution the jurors even against so gross a fallacy. AGAINST ARISTOCRATES. 199 Again, Athenians : it has not escaped me that Aristocrates, having no straightforward or honest defence to nrge, will resort to fallacies of this kind—that similar decrees have been drawn up by many persons before. This, men of Athens, is no proof that the defendant has made a legal motion; as there are many causes through which you have often been led into error. For example : if any one of the condemned decrees had not been indicted before you, it would have been in force, I presume : and yet it must have been moved contrary to law. Or, if any was indicted, but either by the collusion of the prosecutor or by his incom¬ petency to manage the case escaped condemnation, this does not prevent its being illegal. Were not the judges then time to their oaths 1 Yes. How so ? I will explain. They are sworn to decide according to the best of their judg¬ ment j but their judicial opinion is formed from what they hear; therefore, when they give their verdict according to this, they act conscientiously. Every one has a clear con¬ science, who has not voted contrary to his opinion either from enmity or favour or any other unrighteous cause. If, having an instructor, he was left in ignorance of any point, he ought not to be punished for his misunder¬ standing : it is the person "who, knowing the truth, has betrayed the judges or leads them astray, that is liable to the curse. Therefore in every assembly the crier pronounces a curse, not upon those who are misled, but upon those who speak to mislead either the Council or the People or the Jury. Don’t let it be told you then, that such decrees have been passed ; let it be shown that they are lawful. Don’t let them plead that other men have pronounced former decrees tb be valid ] but require them to satisfy you, that their arguments upon this decree are juster than ours. If they are unable to do so, it is not right for you, I think, to let the delusion of others prevail over your own understand¬ ing. Besides, as it appears to me, it is sheer impudence to argue in such a way, that similar decrees have been passed by others before. It is not because the laws have been at some former time transgressed, and you have followed the precedent, that you ought to be acquitted : on the contrary, you should be convicted all the more on that account. For as, if any of the former parties had been condemned, you 200 THE ORATIONS OF DEMOSTHENES. would not have framed this motion, so, if you are convicted now, no one will frame such again.^ That Aristocrates has drawn his decree plainly in defiance of all the laws, he will not he able, I think, to deny : but I have seen a man before now, 0 Athenians, who upon his trial for an illegal measure, when he was convicted by the laws, urged and insisted strongly that what he had proposed was for your advantage : a foolish, or rather an impudent line of argument, I take it; for, even if his points are good in all other respects, inasmuch as you are sworn to decide according to the laws, and he asks you to confirm a decree which he himself cannot show to be rightfully drawn, it can hardly be for your good, since you ought to set the highest value upon the observance of your oaths ; at the same time this impudence has a sort of reasonableness about it. To the defendant however even this line of argument will not be open : for the decree, entirely opposed as it is to the laws, is more injurious than illegal. And this also I will prove to you immediately. That I may make my meaning clear in the fewest possible words, I will mention an example familiar to you all. You know it is good for the commonwealth, that neither the Thebans nor the Lacedaemonians should be powerful; but that the one should have the Phocians for a counter¬ poise, the other some other people ; for by such a state of things your safety and preeminence are established. Be sure then, it is equally advantageous for your countrymen of Chersonesus, that none of the Thracians should be powerful: for their mutual quarrels and jealousies are the best and firmest of all safeguards for the Chersonese. This decree however, by giving security to the chief minister of Cer- sobleptes, and putting the generals of the other princes in fear and dread of being accused, renders the latter powerless, and the former (a single monarch) strong. That you may not be greatly surprised at your decrees * See ante, p. 141. To the passages there cited may be added the speech of Angelo in Measure for Measure, Act II. Scene 2 :— The law hath not been dead, tho’ it hath slept: How many had not dared to do that evil, If the first man that did th’ edict infringe Had answer’d for the deed. AGxVI^■ST AllISTOCRATES. 2Q1 having so important an efiect, I will remind you of a circum¬ stance which you are all acquainted with. When Miltocythes revolted from Cotys, (the war had then lasted for some time, Ergophilus had been removed, and Autocles was about to sail from Athens as commander,) a certain decree was framed here, under the terror of which Miltocythes, thinking that you were not on his side, withdrew,^ and Cotys got possession of the Sacred Mountain and the treasures. Afterwards, men of Athens, Autocles was brought to trial for having caused the ruin of Miltocythes; the time for an indictment against the author of the decree had expired, and the thing had taken a ruinous turn for the commonwealth. Be assured then that now, unless you repeal this decree, it will marvellously discourage both the princes and their generals: for they will imagine that they are wholly dis¬ regarded, and that you are turning round to Cersobleptes. If in consequence of such belief they should yield up their kingdom when Cersobleptes takes an opportunity of attacking them, see again what will happen. Let me suppose that Cersobleptes commits hostilities against us, which he is more likely to do than otherwise if he has the means," shall w'e not have recourse to them, and strive by their means to weaken him 1 Suppose then they should say to us—“ You, Athenians, not only refused to succour us when we were attacked, but made it wofully perilous for us to defend ourselves, by passing a decree that, if any one killed the man who was opposing your interests and ours, he might lawfully be apprehended : you are not entitled therefore to call for our aid in an affair which you managed so badly both for your- ^ Grote thinks that d7rrjA0e means “ departed from Athens,” implying that Miltocythes had come there in person to negotiate. (History of Greece, x. 513, note.) I rather imderstand it to mean, “withdrew from the Sacred Mountain.” 2 *0 ixaWou eAirh ^ 5w7)6euTa I follow Schaefer’s interpre¬ tation. The words are perhaps capable of another—“ which he is more likely to do then than if he had no power; ” i. e. “ he will be more likely to attack us -^hen he has expelled the: other princes from their dominions, and thus obtained an accession to his power, than if he had no such accession.” Pabst, reading (as it seems) t fj-aWop cIk^s iXTrioravTa ^ fxi] ZvvriQtvra iroi7j(rai: wovon man wohl mit mehr WahrschleinlicliTceit annehmen Tcann, dass er es wirklich zur Ausfiihrung Iringen wird, sobald er sick nur auf die AusfUhriarkeit Hoffnung macht, als dass er es, im Fall es wirklich in seiner Macht steht, unterlassen werde. Auger : “ il est probable qu’il le fera s’il le peut, et qu’il n’attend que le moment.” 202 THE ORATIONS OP DEMOSTHENES. selves and for us.”—Tell me ; if they should say this, will not their language be juster than ours % I imagine so. Nor can you allege, that it was very natural you should be tricked and deluded. For if you had nothing else to guide your calculations, and were unable of yourselves to compre¬ hend the questions, you had an example before your eyes in these Olynthians, for whom what has Philip done and how do they treat him ? He did not restore Potidsea to them at a time when he was no longer able to withhold it, as Cer- sobleptes restored the Chersonese to you; but after he had expended large sums in the war with you, when he had taken and might have held it himself, he delivered it up, and never attempted to do anything else. Yet they—as long as his power appeared compatible with their trusting him, so long did they remain his allies and fight with us on his account: now that they have seen him grow too mighty to be trusted, so far from voting that, whoever kills any of the persons who have helped to establish his empire may be arrested in the dominions of their allies, they have made friends of you, who they know would most gladly kill both Philip’s friends and Philip himself, and they promise to make you their allies also. Then are Olynthians able to foresee the future, and will you who are Athenians not do the same ? It would be disgraceful for a people who ar^ distinguished above others for their political wisdom to display less acquaintance with their own interests than the Olynthians. I hear also that he will say something of the same kind that Aristomachus said formerly in his address to you ; that it is impossible Cersobleptes will ever choose to be your enemy by attempting to deprive you of Chersonesus j for, even if he could take and hold it, it would be of no advantage to him. The revenue from Chersonesus is not above thirty talents, when it is not at war; if at war, the revenue is nothing; while from the seaports, which would then be closed, the revenue is more than three hundred talents : they wonder therefore (so they will i:)ut it), what he could mean by choosing to get small profits and be at war, when he might get larger profits and be your friend. I could assign many reasons which should induce us to be mistrustful, as I conceive, rather than to put confidence in these men and suffer Cersobleptes to become gi’eat: however I AGAINST ARISTOCRATES. 203 will mention that wliich most readily occurs to me. I needn’t ask, men of Athens, if you know Philip of Macedon. It was surely much more to his advantage to receive the revenues of all Macedonia in peace, than to receive -those of Amphipolis with peril, and more desirable for him to be con¬ nected with you his hereditary allies, than with the Thessa¬ lians who formerly expelled his father. Independently of this, it is notorious that you, Athenians, never betrayed any of your friends, while the Thessalians have betrayed all theirs. And yet, even under these circumstances, you see that he has chosen to get small profits and have treacherous friends and incur danger, in preference to living in security. What can be the cause ?—Certainly there is no very obvious way of accounting for it. The reason is this, men of Athens. There are two advantages for all men, one, the chief and greatest of all, prosperity, the other, inferior to that but gi’eater than all besides, prudence ; but men do not get both together, and no prosperous person puts any bound or limit to his cupidity ; therefore many, by aiming at greater things, lose often what they have already. And what need to mention Philip or any one else ? The father even of Cersobleptes, Cotys, whenever he was engaged in quarrels, sent ambassadors and was ready to do anything, and perceived then how contrary it was to his interest to go to war with Athens : but as soon as he was master of Thrace, then would he attack cities and encroach upon us, then would he vent his drunken fury upon himself first and us nexty then was he for conquering the whole country, the thing was inexplicablei For those who commence unjust undertakings with views of ambition do not usually take into account the difficulties, but only the results of success. Therefore I would have your measures so ,t^ken, that, if Cersobleptes determines to act properly by you, he will suffer no TVTong at your hands, but, if he foolishly attacks you, he may not be beyond the reach of punishment. I will read you the letter which Cotys sent when Milto- cythes had revolted, and that which he sent after getting mastery of the whole kingdom, when he wrote to Timomachus and captured your fortresses.^ ^ regitur ab antegresso iirefx-^e : ad Trejuipas autem siibaudias, si placet, (neque enim necesse est), dVr7}v. Apparet Thracem priorem 204 THE ORATION? OF DEMOSTHENES. \The Letter^ Seeing this example, men of Athens, and remembering that Philip, when he besieged Amphipolis, pretended he was besieging it that he might give it up to you, but, after he had taken it, deprived you of Potidaea also, if you will hearken to me, you will wish to have that security, which they say Philocrates the son of Ephialtes proposed once to the Lace¬ daemonians. The story is that, when the Lacedaemonians were trying to overreach him and offered him any security that he would like to take, he said that in his opinion the only security was, to show how they would be disabled from injuring him if they wished it; for he was certain they would always wish it, and therefore there could be no security, as long as they had the power. Such a security, if you follow my advice, will you hold against this Thracian, and not care to know what his feelings to you would be, if he got the monarchy of all Thrace. That it is altogether an act of insanity to frame such . decrees and grant such honours, may be easily seen by many examples. Of course, men of Athens, you all know as well 1 as I do, that formerly you created Cotys a citizen, evidently at that time thinking him friendly and well disposed to you. . jN^ay, you even honoured him with golden crowns, which you i would never have done had you thought him an enemy. Nevertheless, when he showed himself to be an impious reprobate and loaded you with injuries, you made his murderers. Python and Heraclides of ^nos, citizens of Athens, and bestowed golden crowns upon them, as bene¬ factors. Suppose now, at the time when Cotys was thought to be so attached to you, any one had moved, that whoever killed Cotys must be given up for punishment, would you have given up Python and his brother, or would you in spite of that decree have made them citizens and rewarded them as benefactors ? Again—take the case of Alexander of Thessaly. When he kept Pelopidas in prison and bonds, and was the bitterest enemy of the Thebans, and on such epistolam scripsisse ad Senatum Populumque Atheniensium; postea, potituin rerum, ne dignatum quidem esse literis Athenienses, sed eorum ducem illis in locis oertiorem fecisse quid facto opus esset. Vides quse vis sit verborum TrijjL'^as Tiixofjt,dxv” — Schaefer. * AGAINST ARISTOCRATES. 205 friendly terms with you as to ask for an Athenian general, and you sent assistance to him, and Alexander was every¬ thing, by Jupiter ! if any one had proposed, that whoever killed Alexander should be liable to arrest, would it have been safe for any one to attempt to punish him for the affronts and insults which - he afterwards heaped upon us ^ And why need one mention other cases h Look at Philip, who is now considered to be our greatest enemy. If, when he released some of our countrymen whom he had taken prisoners in the attempt to restore Argseus, and returned to them all that they had lost, and sent a letter declaring that he was ready to make alliance and to renew his hereditary friendship with us, if at that time he had asked to obtain such an honour, and any of the persons released by him had proposed, that whoever killed Philip should be liable to arrest, a pretty mockery of us it would have been ! Surely you see and understand, 0 Athenians, what folly you would have been chargeable with in each of these cases, had you happened to have passed any such decree. No men in thgir senses, I take it, will either so trust a person whom they consider their friend, as to deprive themselves of defence against his attacks, or so hate one whom they deem an enemy, that, if he changes and wishes to be their friend, they prevent the possibility of his doing so. They should carry both, their friendship and their hatred, I take it, so far only as not to exceed moderation in either.^ « * I have more than once had occasion to notice coincidences of thought and argument in Demosthenes and Sophocles; nor is it at all unlikely that the orator borrowed from the poet, whom he had deeply studied and admired. On the mutability of friendships and alliances and the obligation thereby cast upon men to exercise precaution and forbearance, how has the poet expressed himself ? Ajax, 679 ; o T* cs Tocrvvd' ex^opveos, ws Kal (piKt^acui' aZOis' es re rSy (piAou roaavd vTTovpydSv fiovX’fiaop.ai, cbs alev ov fievodvra' to7s iroWdiO'L yap PpoTuy UTTUTTOS fffB' eraipias Kip.riv. Ibid. 1359: '3 Kapra nroXkoX vvv (pi\oi mZdis Trucpol. CEdipus Coloneus, 610 : ra 5’ aWa crvyx^T! -irdvd' 6 nayicparies xpovos. ‘ (l>9iy€i p.\v tvo\iy seem to import, that there were other parties, not the Olynthians, who were then in possession of Amphipolis. Yet this is not absolutely certain. Pabst in his transla¬ tion refers the last clause to the Olynthians; but whether he read it without the /cot, I cannot tell. See Thirlv/ali’s History of Greece, v. 185. 214 THE ORATIONS OP DEMOSTHENES. served on your side. And for the very thing which he should have been grateful to you for, not having been put to death as he deserved, the commonwealth, as if she were under an obligation, has given him crowns and citizenship and what you all know. To prove my statements, read me the decree concerning the hostages, and the letter of Iphicrates, and that of Timotheus, and afterwards this deposition. You will see, there is more than words and accusation, there is truth in what I say. Bead'the letter. \Tlie decree : the letters : the deposition^ _ That he first engaged to serve in a country where he expected to fight against you, though he might have accepted engagements in many other places; that afterwards, when he could do you no mischief there, he started again for a place where he was to act against Athens ; and that he is the principal cause of our not taking Amphipolis ; you have heard from the letter and the decree and the deposition. Such are the first acts of Charidemus. Now look at others. After the laps6 of some time, when the war had com¬ menced with Cotys, he sends a letter to jmu, or rather not to you but to Cephisodotus; (so persuaded was he from a consciousness of what he had done, that he himself could not even deceive the commonwealth,) in which he promised to recover Chersonesus for the commonwealth, although he had determined to do just the reverse. You must hear the particu¬ lars of the letter, (they are not long,) and mark the style in which the man has treated you from the beginning. When he quitted the service of Timotheus at the time I mention, retiring from Amphipolis, he crossed over to Asia, and, as Artabazus had then been arrested by Autophradates, he hires himself and his troops to the sons-in-law of Artabazus. Though he had given and taken pledges, he scrupled not to violate his oath, and the people of the country being off their guard, supposing him to be a friend, he seizes upon three of their towns, Scepsis, Cebren, and Ilium. Having got posses¬ sion of those places, he suffered a misfortune which, I will not say a man pretending to be a general, but any ordinary person w^ould have known better than to do. For though he had not a single place upon the coast, or from which it was AGAINST ARISTOCRATES. 215 possible to get provisions for his troops, and he had no pro¬ vision in those places, he stayed within their walls, instead of pillaging them and making off when once he had resolved upon foul play.^ Artabazus however, having been released by Autopluadates, collected forces and advanced : he had supplies at hand from .upper Phrygia and Lydia and Paph- lagonia, which were friendly to him, while for Charidemus there was nothing left but a blockade. Perceiving what a scrape he was in, and reckoning that he would be taken prisoner by famine at least, if by nothing else, he savr either by the help of some monitor or of his own reflexion, that his only chance of safety was that which saves all people. Wlaat is that'? Your—shall I call it humanity, 0 Athenians, or any other name ? Having come to this opinion, he sends you the letter which it is worth your while to hear, hoping that by means of his promise to recover Chersonesus for you, and by Cephisodotus appearing to wish this out of enmity to Iphicrates and Cotys, he might obtain ships from you and make his escape out of Asia. But in the very playing of the trick there occurred something which exposed it palpably. What was this 1 Memnon and Mentor, the sons-in-law of Artabazus, who were young men and had got an unexpected piece of good fortune in the connexion of Artabazus, wishing to govern the country in peace immediately, and to enjoy their honours without war and danger, persuade Artabazus to abandon his design of punishing Charidemus and to send him off under a convention, representing that you would bring Charidemus across whether he liked or no, and he would not be able to prevent it. Charidemus, obtaining this extraordinary and unlooked-for deliverance, crossed over to the Chersonese by himself through the convention; but, ^ Auger expresses it neatly enough: ‘‘ comme il auroit d4 ayant r^solu de mal faire.” "''E'yva ddiKeTv is used as iyvwK^s ttoi67i> just above. It is capable indeed of bearing the sense which Pabst gives it: “he knew that he had done wrong.” My way of taking if is favoured by the position of the words, dSiKs7v coming before cyvoi), and best suits the reasoning of the orator. To plunder and be off was the most prudent course for Charidemus, the moment he determined to act treacherously. Pabst translates with some degree of circumlocution : oline nacli deren Eroberung welter . umher zu ziehen, um von da aus Lebensmittel durch Plundei’ung aufzutreiben, da er dock einrnal sich einer unrccht- lichen Handlungswdse bewmst war. 216 THE OHATIONS OF DEMOSTHENES. SO far from attacking Cotys, though he had written to say that Cotys would not resist his attack, or from helping you to recover the Chersonese, he again hired himself to Cotys and laid siege to your remaining fortresses, Crithote and Elaeus. - That, even while he was yet in Asia and was writing the letter to you, he had resolved upon this course and played you false, you will see by the circumstances of his passage: for he started from Abydus, which has all along been your enemy, and from which the capturers of Sestus made their expedition, and he crossed over to Sestus, which was held by Cotys. Don’t suppose that either the Abydenes or the Sestians would receive him after that letter had been sent to you, if they had not ‘been privy to his deceit, and had not themselves joined in the fraud, desiring that you should provide security for the passage of the troops, but that, after they passed, (which they did with the permission of Arta- bazus,) the advantage should be their own. To prove these statements, read the letters, that which he sent, and those from the governors in Chersonesus. You will see by them, that it is as I say. Bead.: \ [Letters.l Observe from what place he crossed, and to what place : from Abydus to Sestus. Think ye the Abydenes or the Sestians would have received him, had they not been parties to the deception when he sent the letter to you ? Bead them the letter itself. And mark, 0 Athenians, the extravagant terms in which he has praised himself to you, both in recounting what he has done, and in promising what he will do. Bead. \The Letter. Fine words, are they not, 0 Athenians ? and deserving of your best thanks, if they were true. But no. When he did not expect to obtain the convention, he wrote this to deceive : when he obtained it, how did he act ? . Bead. [The Letter.^ Just so : since the passage of Charidemus who promised to recover our lost places, the governor of Crithote says that our possessions have been in greater danger than before. Bead from another letter : show it me first. AGAINST APJSTOCRATES. 217 \Tlie Letter?^ Eead from another. \The Letter?^ You see; it is testified on all hands, that, after he crossed the straits, he marched not against Cotys, but with him against us. Read me this one more letter, and put the others by. It is evident to you now,'I think, how he has tricked you. \The Letter?[ Stop. Observe that, after having written that he would restore the Chersonese, he hired himself to your enemies and attempted to deprive you of what was left: after writing that Alexander had sent envoys to him and he refused to admit them, he is shown to be cooperating with pirates in his commission. A pure well-wisher of yours, is he not ? and a man who would never write an untruth or deceive ! Plain as it is from this evidence, that no faith can be put in his professions and affectation of friendship for Athens, it is not yet so plain but what the subsequent events will make it clearer still. Cotys fortunately (being your enemy and a bad man) is killed by Python : Cersobleptes, the present king, was a stripling, as were all the sons of Cotys, and Charidemus, by being on the spot and having a force, was master of everything; Cephisodotus had arrived with command, (the person to W’hom he himself had sent that letter,) and the galleys which, while his escape was yet doubtful, and in the event of Artabazus opposing, were to save him. What now, 0 Athenians, should a man truly sincere and friendly have done, when a general was on the spot, not one of those having (as he might have said) an ill- feeling towards him, but one whom he had chosen out of all your generals to be his own friend, and to whom he had sent the letter, and when Cotys was dead, and he had all the power in his hands ? Should he not have restored the territory to you immediately, and joined with you in estab¬ lishing the king of Thrace upon his throne, and given proof of his attachment to you, when he had got such an oppor¬ tunity % I should say so. Was anything of the kind done by him? Very far from it. He continued to make war upon you for altogether seven months, acting openly as an 218 THE ORxVTIOXS OF DEMOSTHENES. enemy and not allowing even a civil word. And when we anchored at first with only ten ships in the harbour of Perinthus, having heard that he was in the neighbourhood, ill order that we might be in communication with him and confer upon matters, he watched the time when our men were at dinner, and made an attempt to capture our vessels; many of the seamen he killed, and drove the whole body into the sea, having with him some cavalry and light troops. Afterwards, when we sailed, not to attack atiy fort or district in Thrace—for this cannot be said—“ True, he did some damage, but it was in self-defence”—Nothing of the kind : we went to no part of Thrace, but against Alope- . coimesus, which is in the Chersonese and belonged to you ; it is a promontory jutting out towards Imbrus at a great distance from Thrace, and was full of pirates and corsairs. When we had come there, I say, and were besieging those people, he marched right through the Chersonese, your territory, made an attack upon us, and assisted the pi¬ rates. And sitting down before the place, he persuaded and forced your commander into measures adverse to your interests, instead of being himself persuaded by him to do aught that he had undertaken and promised ; and so he draws up that convention with Cephisodotus, at which you were so angry and indignant, that you deposed the com¬ mander and fined him five talents, three votes only saving him from a capital sentence. But what an absurdity must it be thought, 0 Athenians, when for the same actions we see one man so severely punished as a culprit, and another even to this moment honoured as a benefactor ? For proof of these statements—as to what happened to the general, I apprehend that you are my witnesses ; for you tried and deposed and manifested your wrath against him, and you are acquainted wdth all the circumstances: as to what occurred at Perinthus and Alopeconnesus, call me the captains for witnesses. [Evidence of the Captains.^ After this, when Cephisodotus was removed from the command, and you considered the terms made with him to be dishonourable and unjust, this worthy Charidemus gets ^Miltocythes, who was throughout friendly to you, treache- AGAINST ARISIOCEATES. 219 rously delivered to him by Smicythion, and, as it is not the practice of the Thracians to put one another to death, knowing that he would be safe if he were carried to Cersobleptes, he hands him over to the Cardians your enemies. They, having got both him and his son into their hands, put out to sea in a boat, cut the throat of the son, and threw the father into the sea after he had witnessed his son’s butchery. This act roused the indignation of the whole Thracian people; Berisades and Amadocus entered into a coalition ; Atheno- dorus, seeing the opportunity, made an alliance with ’them and was in a condition to carry on war. Cersobleptes then being alarmed, Athenodorus draws up a treaty, by which he compels Cersobleptes to swear to an engagement with j^ou and the princes, that the kingdom of Thrace should be divided among them in three shares, and that they should all restore to you your territory. At the election of officers you appointed Chabrias to the command in that war ; but it so happened that Athenodorus disbanded his forces, having no money from you and no means to carry on the war, and Chabrias sailed out with only one ship : under these circum¬ stances again what step does our Charidemus take ? The treaty that he swore to with Athenodorus he disclaims, and persuades. Cersobleptes to disclaim it; then draws up another with Chabrias, yet more shameful than that with Cephiso- dotus : Chabrias, having no force, was obliged, I suppose, to acquiesce. But when you heard of it, after many speeches had been made in the assembly and the treaty had been read, you, without respecting either the high character of Chabrias or any of his supporters, repudiated this new treaty also, and passed a decree on the motion of Glaucon, to elect from among yourselves ten ambassadors, with instructions, if Cersobleptes would abide by the treaty with Athenodorus, to swear him again, if not, to receive the oaths from the two princes, and consult upon the best plan for making war against him. Your ambassadors sailed from Athens ; time slipped on, and things came to such a pass at length, that, while these men were delaying and refusing to do anything honest or straightforward, we sent succours to Euboea, and Chares came home with the mercenaries, and was sent out by you as general plenipotentiary to the Chersonese. Then he draws up a new treaty with Chares, to which Athenodorus ■ 220 . THE ORATIONS OP DEMOSTHENES. and the princes were' parties, and which is the best and justest of all. And thus he has given actual proof against himself, and shown that he watches for opportunities with us,^ and is resolved to do nothing straightforward or equitable. A man who, as you see, requires inducement to be your Mend,^ who is well disposed to you in proportion as he con¬ siders you to be strong, should he, do you think, be suffered ever to grow powerful, and that too by your assistance ? If you think so, you are wrong. To convince you of the truth of my statements—please to take the letter which came after the first treaty; then that from Berisades. You will judge best by this information. \T}ie Letter?^ Bead also the letter from Berisades. YTlie Letter?^ The alliance of the two princes was contracted in this way, ^ Kaipo;i'e 7 Ke vofiov, wv xpijw rat ineXelav ii ’/pa7]T. Oratio Rhodiaca, 31, p. 635. Edit. Reiske. 242 APPENDIX II. APPENDIX TI. THE OFFICIAL SERVICES. I AM here to speak of the duties of Choragus and Gymnasiarch, the feasting of the tribes, and the conduct of religious embassies. These were called Encyclic or Ordinary Services,^ because they regu¬ larly recurred, and were thus distinguished from the Trierarchy, whieh was an extraordinary one, to be performed only in time of war. They were partly of an honorary and partly of a burdensome charaeter, the performance being attended with considerable expense; and therefore they were exacted only of the wealthier classes. That they were established as early as the reign of the Pisistratids, we are informed by Aristotle in his (Economics.® They were afterwards regularly kept up, and regarded as an important part of the public economy of Athens: for, although the state derived no benefit from them for the necessary purposes of administration, they contributed to defray the cost of those scenic exhibitions and amusements, to which the Athenians were so devoted, and which indeed formed "a part of their religion. Each tribe nominated such of its members as were qualified to undertake the burdensome duties; no one (it seems) being liable to them, whose estate was less than three talents. The only persons regularly exempt were the Archons, heiresses, minors, and orphans until the seeond year after their coming of age. As to special exemptions conferred by way of honour, enough has been said in the Leptinean Oration. I, The Choragus was a person who provided a chorus to sing, dance, or play at any of the public festivals. In the Athenian drama the chorus was by no means the least important part, nor the least (1) ’EyKuAcXjot Xeirovpylai. On the word Xetrovpyta F. A. Wolf has the following note in his Prolegomena to the Leptinean Oration, s. 86: “ Ulpian ad Orat. p. 494. AeTrov kKaXow ol •naXaiol ro bruxoffiov, o9ev XenoupyeXv TO el? TO 6t\fi6cTiov hp’^a^eaOai ^Xeyov, Ad hoc confer Herodotum, vii. 197. EtymoL M. Ammon, et Mcerid. in v. XeiTovpyds vel XetroupyeZv, et ibi Valcken. et Pierson. Scilicet voces sunt sola forma divers®, utpote a \ao? et Xedbe duct®, XdiTo?, Xetro?, XeiTor, Xfjirof, Xproe, popularis, publicus. E postremd formatum X^^»vpycXv recte Piersonus veterious Atticis vindicat.” That the XetTovpylai were not peculiar to Athens, but existed in other parts of Greece, and particularly in the JEgean islands, appears from various sources. See Herodotus, v. 83. Plutarch, Vit. Aristid. 1. Isocrates, iEginet. 391. (2) Cited by F. A. Wolf, ibid. 87, note 60. lie says of Hippias : "Oaoi rpmpapxeXv, V ^uXapxeiVi V X°P^~(^Xv, v tivo el? Srepav Xenovpyiav rotaurtiv rifieXXov dairavi^v, 'rtidt]fxa rd^af perpioi/. “ Ubi sine dubio” (says the learned critic) “ verbum ^wXapxef*' imprimis ad haTiacriv pertinet.” THE OFFICIAL SERVICES. 243 costlv item in the performance. A company of fifteen was nsnally required for tragedy, twenty-four for comedy. The Cyclic or Dithy- rambic chorus was composed of fifty men or boys, who sang to the ^e, dancing or marching in step to the music. There were also the Pyrrhichists, who performed the war-dance; and the band of flute- players, which, as we learn from the Oration against Midias was the most expensive of all.^ It was the business of the Choragus to find the choristers for these various exhibitions, to pay for their training, and to maintam them during the period of service. Their diet was to be such as would keep them in good training order, their limbs agile, their voices strong and clear. A chorus of boys was not always easy to be got; for parents did not hke to give up their children for the purpose. It seems however, they might be pressed into the sendee, or even taken by violence from their homes; at least, the practice was connived at; for the people were determined to have their diversion at any rate.^ The expense of aU this feU upon the Choragus; and he had also to provide dresses, crowns, masks, and other ornaments and decorations. Eds office, though sometimes discharged by deputy, was strictly a personal one. lie was expected to superintend the arrangements, and to be present during the performance, attired in the proper cos¬ tume, as a sort of master of the ceremonies. Hence his name, signi¬ fying that he was Choir-master, or Director of the Chorus. And hence minors and heiresses, who were incapable of serving the office in person, were exempt from it. The expense was increased by the competition among the different Choragi, especially in dramatic contests. Tripods were awarded as (1) Burges, in the Glossary to his translation of the speech against Midias, under title XoprjyeXv, writes as follows : “None have been able to explain why the chorus of flute-players was the most expensive of all. The fact is, they had to he brought either from Boeotia or Asia Minor; and at Athens, as elsewhere, foreign artists were more expensive than native. Had Donaldson been aware of this fact, he would not have said that the Choregus had nothing to do with the dramatic performers; nor would he have said that, had the actors been paid by the Choregus, the dramatic choruses would have been the most expensive; still less would he have supposed that the actors were paid by the dramatists, had he remembered that plays were frequently acted after the death of the authors; nor would he have fancied they were paid by the state, had he thoroughly understood the celebrated comparison made by Demosthenes between himself and his rival, ‘You was an actor: I paid the chorus-master, and therefore your fellow-actors.’ For be it remembered that .Slschines was a third-rate per¬ former, and not merely one of the corps de ballet; and had he been paid by the state, Ws profession would have been rather an honour than the reverse.” Of the same opinion as to the last point is F. A. Wolf: Prolegomena in Orat. Lept. 91: “ Nihil dubitandum, quin ejusdem qui choris scenicis sumptum suggereret com- missio totius ludi esset. Nam omnino chorum, tanquam fabulae primariam partem et earn, unde antiquitus omnis ratio scenae etiloruit, ita Graeci usurpare consueverunt, ut verbi vis ad universam fabulam spectet.” (2) In the Oration of Antiphon De Choreuta (11, Ed. Bekker,) the Choragus boasts that he got his band of choristers without resorting to any harsh measures. He is defending himself on a charge of murder, preferred by the father of a boy, who, while he was under training in his house, had taken some poison to improve his voice. R 2 244 APPENDIX II. prizes for the best performance; bnt the cost of these also was defrayed by the victor. Every such tripod was inscribed with the name of tlie successful Choragus and his tribe, and preserved as a memorial in a chapel near the theatre. In course of time so many of these chapels were erected, that they formed a row or street, called the Street of Tripods, leading from the theatre in a north-easterly direc¬ tion to the Acropolis.^ II. The Gymnasiarch was an officer appointed by each of the tribes to superintend the Gymnasia, or-gymnastic schools, where the youth of Ath ens received that training which imparted health and vigour to their bodies. By the laws of Solon considerable powers were vested in these officers, not only to enforce performance of the pre¬ scribed exercises, but also to preserve decorum and good behaviour, to prevent improper persons from intruding into the schools, and to guard the youths from the corruption of evil company.^ In later (1) Pausanias, i. 20. The Prytaneum mentioned in this passage is that of later times. Christopher WordSworth thus writes, in his Athens and Attica, page 153: “The line of similar fabrics, of which the small circular building of the most graceful Corinthian proportions, called the Choragic Monument of Lysicrates, is the only surviving relic, must have possessed great interest, both from their object and execution. They were a series of temples forming a street. These temples were surmounted by finials which supported the tripods gained by victorious Choragi in the neighbouring theatre of Bacchus, and here dedicated by them to that deity, the patron of dramatic representations. From the inscriptions engraved on the archi¬ traves of these temples, which recorded the names of the victorious parties, and the year in which the victory was gained, the dramatic chronicles or didascalize were mainly compiled. Thus these small fabrics served the purposes at the same time of fasti, trophies, and temples. What a host of soul-stirring thoughts must have started up in the mind of a sensitive Athenian, as he Avalked along this street !” (2) See the Oration of iEschines against Timarchus (p. 2), where these regulations are minutely described. On the subject of the Gymnasia and Palaestrae full information may be obtained in Becker’s Charicles, Excursus to Scene V. On the abuses of the Gymnasia he remarks as follows (Transl. p. 293): “ Of all the peculiar Hellenistic institutions the Gymnasia are perhaps the most important, for none exercised so powerful an influence on the entire development and various phases of Greek life—none at once awakened the noblest feelings, and fostered the most impure passions—none formed to the same extent the incitement to glorious deeds and the seduction to idle pastimes—none so much enhanced the vigour of the corporeal powers, and at the same time gave them so false a direction —none made them so alive to the beauty and nobility of the human form, and opened so broad a field for the grandest creations of art—and lastly, none betrayed youthful innocence into such degrading abuses—as was the case with the exercises of the Gymnasia.We cannot wonder that the stern Romans, who valued such exercises merely for their military and diaetetic advantages, judged unfavourably of Grecian gymnastics. . . that they induced inactivity and idleness; that what should have been the main objects, the strengthening and exercising the body, were lost sight of; that instead of the use of weapons, mere unprofitable arts were taught; and that the body was too highly fed on unnatural diet to become fitted for other exertions. Many voices even in Greece itself re-echoed this imputation, in which, it must be confessed, there is a good deal of truth, especially as respects the athletes, the whole business of whose lives was the exercises of the Palaestra. At Sparta, for instance, nvy/uii and wa^Kpartov were entirely prohibited. There alse athletics were not generally the object of gymnastics.” On the difference between the Gymnasium and the Palaestra he observes : “ The Gymnasium was a place including grounds for running, archery, javelin- practice, and the like, along with baths, and numerous resorts for those who only sought amusement; while the Palaestra, on the other hand, was the regular wrestling school, where originally wrestling, jrdXn, and the pancraiion, were principally THE OFFICIAL SERVICES. 245 times such matters were less attended to, though other duties, which ministered to the pleasures of the people, continued to be punctually discharged. Por the Gymnasiarch had to provide for the gymnastic games, which were celebrated at divers of me Athenian festivals. He trained the runners, wrestlers, and other athletes, whom he generally chose from the best pupils of the gymnasium: he fitted up the stadium or other place of exhibition, and made all the necessary preparations at his own cost. Among these games the most expensive was the Lampadephoria, or running with the torch, in which the Athenians took great delight. The torch was carried by a chain of runners placed at certain dis¬ tances ; each of whom handed it to the next in station, till it reached the last. The prize was adjudged to that set of runners who carried it unextinguished to the goal. Lucretius, in a line familiar to clas¬ sical readers, compares the transmission of the torch to the succession of human generations:— “ Et quasi cursores vitai lampada tradunt.” The principal occasions on which the Lampadephoria was cele¬ brated were the festivals of Prometheus, Yulcan, and Pallas. The reason is obvious. Prometheus was the giver of fire to mortals; Vulcan applied it to the forge; Pallas to other useful arts. The runners started from the altar of the three deities in the Ceramicus, and ran about half a nadle to the Acropolis. There was also a torch- race in honour of Pan, introduced after the battle of Marathon; and another in honour of the Thracian Artemis, instituted in the time of Socrates, when the race was for the first time performed on horse¬ back. m. Peasting of the tribes was an obligation of not very frequent occurrence. Some rich Athenian was selected to give a banquet to his fellow-tribesmen. It was connected with sacred objects, and served to keep up a friendly intercourse between the members of the tribe. IV. The conduct of religious embassies,^ which the Athenians sent to Delos, Delphi, or elsewhere, either to consult an oracle, or to perform a sacrifice, or to attend the periodical meetings of the Greeks, was entrusted to the more wealthy citizens, on whom the greater part of the expense devolved, though a certain aUowanee was made them by the state. These were not occasions for parsimony. The envoy represented the city of Athens. It was for her honour taught and practised. That the Palaestra was not necessarily a private institution is clear from Xenophon, de Rep. Athen. ii. 9: o 6e dritios ainov avrif! oiKodoneTTat Idif waXa/cTTpaf TroXXdr, K. t. X. The distinction which Krause has attempted to establish, that the TraXaicrTpa was chiefly for the use of boys, is quite untenable. .®schines uses the words interchangeably; and Antiphon, de Caed. Invol. p. 661, speaking of boys only, has, fxeXsriibv fxera rwv ^X/koiv uKovri^etv ktrl rtf yvfivatriif/. Oonfer Lucian, Navig. 4, where the young men betake themselves to the Palaestra. When Solon forbade slaves both 'fv/xva^eoDat, and also frtpaXoi^eTt' ev ratr jraXat- vrpatt, all the kinds of gymnastic exercises are included.” (1) The conductor w’as called ’Apx<^e«por. 246 APPENDIX II. that he should appear to advantage; and want of liberality was no vice of an Athenian. Nicias, who conducted the embassy to Delos, when the great Ionian festival was revived/ expended a large sum of money in order to make an appearance worthy of his count^. Land¬ ing at Ehenea, which is separated by a narrow channel from Delos, he laid across the strait a bridge which he had brought from Athens, covered with ornaments of tapestry and gold: over this he marched in grand procession, with a band of music, to the temple of Apollo. After celebrating the games, he presented to the god a brazen palm-tree, and gave ten thousand draclmis for a piece of ground, which he dedicated to the service of the temple, directing that the profits should be laid out in an annual feast and sacrifice, at which the Delians were to pray for the prosperity of the donor. Plutarch tells us, the liberality of Nicias was remembered by the Delians in his time.^ But the greatest display of magnificence was that made by Alci- biades at the Olympic games shortly after the peace of Nicias: when he entered seven chariots to contend in the race, and gained the first, second, and fourth prizes; and afterwards gave a splendid feast to the whole assembly of spectators. Singular honours were paid him on this occasion by the subject-alHes of Athens. The Ephesians pitched for liim a beautiful tent; the Chians furnished him with provender for his horses and beasts for sacrifice; the Lesbians with wiae and provisions. Thucydides represents him as boasting of this display in a speech to the Athenian assembly.^ E. A. Wolf seems to be of opinion, that these compulsory services were a great hardship on the better classes at Athens.They do not appear however to have been complained of in the flourishing period of the republic. All took the burden in turn; no man being compellable to serve more than once in two years, nor more than one office at a time. We find citizens frequently volunteering to defray charges to which by law they were not liable, and incurring much greater expenses than there was any necessity for. Nicias and Alcibiades, while they exhibited a imuiificence which few could imitate, are yet examples illustrating the general spirit of the age. (1) In the sixth year of the Peloponnesian war. {Thucydides, iii. 104.) This great Ionian meeting (nai//; 7 uptr) was quadriennial. There was a lesser Delian festival, celebrated every year, to which the Athenians sent the sacred galley, hence called Oeupl?. (2) Plutarch, Vit. Nic. 3. (3) Plutarch, Vit. Alcibiad. 12. Thucydides, vi. 16. (4) Prolegomena in Orat. Lept. s. 118. “ Ex his quae disputavi facilis est existi- matio, quara onerosa munera fuerint, quantumque turn periculi habuerit divitem esse. Et postulabat civitas quasi jure suo, uti facultates quisque suas in publica commoda et ornamenta profunderet, non laborans ilia, quin quis choragiis aut trierarchiis ad egestatem redigeretur.” He cites Xenophon, De Republic^ Atheu. i. 13. Similar language is used by Isocrates (De Antid. 165, 170, &c. Ed. Bekker.) But he writes in a spirit of ill-humour and exaggeration. See the remarks of Thirlwall in his ilistorv of Greece, v. 242. THE OFFICIAL SERVICES. ,247 In times of distress, when not only the funds of the state hut the means of private citizens were exhausted, it became of course more difficult to provide for the public amusements; and we cannot be surprised, if men possessed of a little property were not inclined to entertain their fellow-citizens at a great expense. Towards the close of the Peloponnesian war, and for some time after, the choragic service (like the trierarchal) was divided between two: but when the people had recovered from their calamities, they reverted to the ancient practice. The orators abound in allusions to these official services, both in their political and in their forensic speeches. Liberality in dischargiug them was a ready way of becoming popular. Therefore even in courts of justice the parties, addressiug a jury not unlike an assembly of the people, claim credit to themselves and their friends for the readiness with which they had undertaken the duties of choragus, &c., and the large sums of money which they had expended upon them, while they reproach their adversaries with backwardness and iOiberality in such respects, and not unfrequently with conceaHng their property in order to escape the burden. I shall present the reader with a few specimens of this kind of argument, which wiU at the same time illustrate the subject before us and exhibit the temper of an Athenian audience. The first is from the speech of Lysias, written for a client charged with the offence of bribery: ^ “ I came of age in the Archonship of Theopompus, and being ap¬ pointed Choragus for tragedy, I spent thirty minas, and three months after I gained the prize at the Thargelian festival with a chorus of men, and spent two thousand drachms. In the Archonship of Glau- cippus I laid out eight hundred drachms on a band of Pyrrhichists at the great Panathensea. Again, providing a chorus of men for the Dionysian festival in the same year, I gained the prize, and spent (including the dedication of the tripod) five thousand drachms; and in the Archonship of Diodes at the lesser Panathensea three hundred for a Cyclic chorus. In the mean time I was Trierarch for seven years, and expended six talents. And although I was making these large outlays, and daily risking my fife for you and remaining abroad, I have nevertheless paid for property-tax first thirty minas and then forty. As soon as I returned home, in the Archonsliip of Alexius, I was Gvmnasiarch for the Promethean festival, and I was victorious, having laid out twelve minas: and afterwards I was appointed to fmTiish a chorus of boys, and expended more than fifteen minas. In the Archonship of Euclides I furnished a chorus of comedians for Cephisodotus, and was the victor, and spent (including the dedication of the ornaments) sixteen minas; and at the lesser Panatheneea I Immished a Pyrrhic chorus of beardless boys and spent seven minas. I have been victor with my trireme in a race off* the coast of Sunium, (1) Oration xxi. p. 161. 248 APPENDIX II. •when i spent fifteen minas. And besides I have conducted religious embassies, and superintended the Arrhephoria^ and other services of the like description, which have cost me upwards of thirty minas. And of these sums which I have enumerated, had I chosen to perform my service according to the letter of the law, I should not have expended the fourth part. * ^ * Having run so many hazards for your sake and conferred so many benefits upon the commonwealth, I now ask, not (Hke other men) to receive a recompense from you, but not to be deprived of my own property, conceiving that it would be a disgrace to you to take it from me either with or without consent. And I care not so much if I must lose my estate ; but I cannot endure to be insulted, or that people who evade the public charges should imagme, that, while I am unrequited for what I have spent upon you, they are thought to have acted wisely because they have thrown none of their property away. If now you will hearken to me, you will at the same time give a righteous verdict and adopt that course which is beneficial to yourselves. You see, men of the jury, how scanty are the revenues of the commonwealth, and how they are plundered by our leading statesmen: so that you may well believe your surest revenue is the substance of those who are •willing to defray the public charges. If then you are prudent, you •wiU take as much care of my estate as you would of your ''own private fortunes, kno-wing that you •will have the advantage of all that I possess the same as you had before. I think you are all aware, that I shah, be a much better manager of my O'wn finances than those who manage for you the finances ot the common¬ wealth. Should you reduce me to poverty, you •wiU injure yourselves likewise; and other men will divide my effects among them, as they have divided everything else.” * The next is ‘from the Oration of Isaeus on the Estate of ApoUo- dorus, written for a person claiming as son by adoption against the nearest of kin:^ “ I beseech you to give me redress both for the sake of ApoUodorus and for the sake of his father. You will find, they were not useless citizens, but as zealous as they could be in your service. His father, besides ha-vdng served all the other burdensome offices, continued his whole time to do the duty of Trierarch; not getting his ship in an association like men of the present day, but at his o-wn cost; not iointly -with another, but sin^y; not every other year, but without (1) This was a festival, celebrated in the month of Scirophorion, in honour of Pallas: in which the principal ceremony was the carrying of some sacred vessels by young girls chosen for the occasion from the best Athenian families. Some derive the name otto 7ov ra appnra opeiv, because the contents of these vessels were kept a mystery. Others say that appr]v TroXirtKwv ol evvea apxovref eirpaccrov, Schbmaiin, de Comiiiis, 141. (2) This is the real meaning of Plutarch’s statement, (Vit. Sol. IS) that Solon gave an appeal from the Archon to the people. When the jury-courts were esta¬ blished, the causes were carried to them for final hearing. The Archon gave his opinion on the case, when it was brought before him; but the parties generally insisted upon having a trial by jury, and it became dangerous for the Archon to refuse it. (See Appendix IX. Grote’s History of Greece, iii. 172. Meier &Schbmann, Att. Proc. Einleit. 13.) (3) The legal names of these suits or proceedings were urroXeix/^eur, uTroTreyux^ecof, oirov, iTpotKot, KaKoxrewc 701 / 40 ) 1 /, KoicoKreo)? ’^vvaiKwv, &C. iviTpoirfi^t frapavata?, upYtor, KaredridoKivai tu narpua. TUE ARCHONS. 257 business, on receiving a claim to the estate of a deceased person, to make proclamation of it in the next regular assembly, so that, if there "were any more claimants, they might come before him within a given time: and when the title was contested, he put the case in a proper train for legal deeision. He sat in his office (which was in the market-place by the statues of the ten heroes) every month of the year except the'last, to receive the applications of suitors.^ When a daughter became the representative of her deceased father’s house, the nearest male relative had a right to claim her in marriage, and it was the Archon’s business to assign her to the proper person. If the right to her hand were disputed (as in tho case of a rich heiress was not uncommon), he brought the question to trial. If she were poor, he had to see that the next of kin either married her or gave her a suitable portion.^ If a contest arose respeetiug a slave—^whether he was or was not entitled to be free—the proceedings were taken before the Archon, on the one hand to assert his freedom, or on the other, to restore him to his master.^ The Archon superintended the election of the generals and military officers He presided also at the eelebration of the Great Dionysia and the Thargelia. If a dramatic author required a ehorus, the Archon assigned him one. He heard the disputes between the ditferent choirmasters, whether on the subject of their hability to serve the office, or on matters coneeming the performance. Meier and Schomann think, that he brought into court those cases of Froholey which arose out of the festivals which he presided over.^ The reader will here bear in mind, though I shall more fully explain it in Appendix X., that in all the above-mentioned cases where the Archon had a jurisdiction, (and the same remark applies fo his coUea^es,) he was the directing and presiding magistrate rather than the judge. He received the complaint, heard the parties in the first instance, prepared the case for trial, and in due time (if it was not otherwise settled) brought it for trial before a jury-court. The jury was the tribunal which ultimately decided every question both of law and fact, and awarded the damages or the punishment. The powers of the Archon related to matters'of form, and practically did not extend beyond the imposition of a small fine.® ' (1) See all this fully explained by me under title Jleres in the Archaeological Dictionary. (2) See title ’ETr/fcXfipo? in the Archaeological Dictionary. The daughter, who was left without brothers, was equally called erriKXtipot, or heiress, whether she had an estate or not. She was heiress to all the heritable rights of her father, and pre¬ vented his family becoming extinct. (3) Ibid, title ’Efaipeo’etoc biKt]. (4) Schomann, de Comitiis, pp. 141, 326. {5) Meier & Schomann, Alt. Proc. p. 276. Schomann, de Comitiis, 239. (6) A full account of his jurisdiction is given in Meier & Schomann, Proc, Jp. 41, 286, 393, &c. VOL. III. 8 APPENDIX IV. 2oS THE KING-AUCHON. The second of the Archons received this name, because the religious part of the kingly office was preserved mainly in his person; and therefore he presided over some of the most ancient and solemn festivals, as the Lensea, th© Elensinian mysteries, the Lampadephoria. His wife was called queen, and, as she had to officiate at some important sacrifices, she was required to be of pure Attie blood like himself, and married a virgiu.^ He exercised juris¬ diction over aU. cases of murder and homicide; (for by them the city was polluted, and he, as guardian of religion, had to see that the pollution was duly expiated:) likewise cases of malicious wounding or attempt to murder, poisoning, procuring of abortion, and arson/ All these he brought before the Areopagus or such other court as was appointed to try them. For a hke reason he had cognizance of all charges of impiety, and of disputes between different persons or families concerning the right to any priesthood or the privileges belonging to it. The term impiety at Athens embraced a wide range of crime, and as the law was not capable of very exaet definition, it was sometimes made the vehicle of unjust persecution, as we know to have been the case in modern times. Among the offences comprised under this title were atheism and blasphemy, sacrilege, profanation of temples or sacred property, neglect of prescribed ceremonials, divulgation of mysteries. The charge against Socrates was—’‘that he did not- believe in the gods of his country, that he introduced the worship of new diviuities, and that he corrupted young men.” The speech of Andocides on the Mysteries is his own defence to a charge of having profaned the mysteries of Eleusis. We have a speech of Lysias in defence of a man accused of digging up a sacred ofive-tree.^ Aristotle was accused *of impiety, in having composed a hymn in honour of his friend Hermias and paid him divine honours. Doubtful of the result, he fled from Athens, and said, in allusion to the fate of Socrates, that he would not give the Athenians an opportunity of s inning a second time against philosophy. The office of the King-Archon was in the King’s Porch.'^ TUE POLEMAECH. He, as his name imports, was once commander-in-chief of the army. When the ten generals were created, the right of joint command was reserved to him; and in councils of war he had an equal voice with all the ten; but this was soon changed, and his vote came to be counted only for one. At Marathon the Polemarch Callimachus (1) See especially Demosthenes, contr. Neger. 1370, and Lysias contr. Andoc. 103. (2) These cases were entitled, rpaC^aTot kic irpovolatf /SouAeiiaewr, tpapfidniav or ^apjuaKeiar, a;^/3\(tKTeMr, TrupKatdj. (3) The Oration Trept rov afjKov. (4) See Meier & Schdmann, Alt. Proc. pp. 47, 300, 471. THE ARCHONS. 259 voted for battle with Miltiades, and commanded the right wing oi the army.^ Bnt this was about the last occasion of any Polemarch appearing at the head of the troops. He ceased from this time to have any duties connected with war, except the superintendence of some funeral games in honour of the slain: he became in short a purely civil magistrate, his office being to overlook and protect the ahens resident in the city. Even here indeed we trace the memory of his ancient functions : for in early times, both among the Greeks and the Romans, stranger and enemy were described by the same name: hostis (says Cicero) * apud majores 7iostros is dicebatur quern, nmic peregrinum dicimus. In the advance of civilization, when strangers came to be regarded with more humanit)^ and their rights to be recognised by law, it was not surprising that they should be placed under the care of a minister of war. The civil duties of the Polemarch have been compared to those of the Praetor Peregrinus at Rome. He had the same jurisdiction over the family rights of resident aliens, which the chief Archon exercised over citizens. He received complaints against them for acting with¬ out a patron; and those preferred against freedmen for neglect of duty to their former masters.^ In criminal proceedings against an alien, which did not concern his personal status or his family rights, the jurisdiction depended on the subject-matter of the charge. Pri¬ vate suits, in which an alien was defendant, were (with a very few exceptions) heard before the Polemarch. He had an office in the Lyceum.^ THE ASSESSORS. Each of the three superior Archons nominated two Assessors {Faredri), who assisted him with their counsel, and occasionally acted as his deputies. Although removable by the person who appointed them, the Assessors w^ere themselves considered to hold magisterial rank: they underwent an examination by the Council before their appointment was ratified, and were liable at the end of the year to render an account.^ THE THESMOTHET^ OR JUDGES. The remaining six Archons, who bore this title, acted together as aboard, and had an extensive department of judicial duty assigned to them. Hence indeed they received their name, wffiich signifies “ makers of laws or ordinancesa name by no means inappropriate in ancient times, when the Archons heard and decided the causes brought before them, without having codes or precedents to control their judgment. Under such circumstances the person who decides (1) Herodotus, vi. 109, 111. (2) Cicero, de Officiis, i. 12. The Lacedaemonians called the Persians feVot. Herodotus, ix. 11. Buttmann suggests that the word is derived from ex. (3) See the last Appendix. (4) Meier & Schomann, Att. Proc. pp. 50, 315, 473, (5) Meier & Schomann Att. Proc. p. 57. 2G0 APPENDIX IV. the case in effect makes the law, and the judge and legislator are one. Grote ^ observes, that strictly all the nine archons were equally entitled to the name of Thesmothetse. Doubtless it was given to the last six, because their jurisdiction was more extensive. Thus it appears,'that no better translation could be found for Thesmothetse, than that of Judges, which I have chosen. True it is, that other magistrates besides them superintended courts of justice. But the same objection might be made to the application of the term Judges in our own language; since, besides those who receive that special designation, there are a multitude of commissioners, recorders, magistrates, and others, who perform judicial duties. AU judicial power having anciently been vested in the nine Archons, the Thesmothetse then had cognizance of all matters which were not specially appropriated to the other three. In later times portions of their jurismction were transferred to other functionaries, who either were newly elected, or received an accession of authority; as the Logistse or Auditors, the Generals, the Eleven, the Eorty, and others. Still a very ample jurisdiction was left for these the Judges properly so called; being, as Meier says, the remainder of all possible juris¬ diction, after subtractiug what was specially given to other magis¬ trates. Among the various matters of which, either from ancient authors or the testimony of grammarians, we know the Thesmothetm to have had cognizance, are the following—Charges against magis¬ trates on their probation informations for offences against the mine-laws:3 most cases of Probole: appeals against townships for ejecting members ; ^ indictments for pettifogging practices, ® for false entries of debtors in the public register,® or false swearing to prove a summons: ^ charges of theft, bribery, adulteiw, and personal out¬ rage.®—^Also a great variety of civil actions; as those for the recovery (1) Grote’s History of Greece, iii. p. 99. “According to the proper sense of the word Thesmoihetm, all the nine Archons •were entitled to he so called, though the first three had especial designations of their own: the word Thesmoi (analogous to the Themistes of Homer) includes in its meaning both general laws and particular sentences—the two ideas not being yet discriminated, and the general law being conceived only in its application to some particular case. Draco was the first Thesmothet who was called upon to set down his Thesmoi in writing, and thus to invest them essentially with a character of more or less generality.” In a note he adds : “ Both Aristotle (Polit. ii. 9. 9.) and Demosthenes (contr. Everg. et Mnesibul. p. 11(51) call the ordinances of Draco vo/xot, not Oecrfioi. Andocides distinguishes the OeciJioi of Draco and the v6fj.oi of Solon. (De Mysteriis, p. 11.) This is the adoption of a phrase comparatively modern; Solon called his own laws Oeanoi. The oath of the TrepinoXot (the youth who formed the armed police of Attica during the first two years of their military age), as given in Pollux (viii. 106), seems to contain at least many ancient phrases : this phrase, Kcti toi? toij Idpe/ievot? neiffoijiat, is remarkable, as it indicates the ancient association of religious sanction which adhered to the -word Oeafxoi; for IbpvcjOai is the word employed with refer¬ ence to the establishment and domiciliation of the gods who protected the country; 64l/ev6eyypa(ptii. ■ (7) \l,ev6oK\rtTelat, (8) KXoTrijy, dtitpuv, fioixeiat, v/Spews. HARMODIUS AND ARISTOGITON. 261 of land, houses, and mesne profits : ^ actions for debt, deposit, breach of contract, abusive language, damage or tort-feasance: 2 further, all those which were described by the generic titles of mining causes, mer¬ cantile causes, and club causes.^ Treaties with foreign states, arranging terms for the reciprocal administration of justice, were settled by a court under the direction of the Thesmothetse; and causes tried at Athens under such arrangement belonged to their jurisdiction.'* Connected with their character, as judges or ministers of the law,' was the duty, which we have seen was imposed on them, of annually revising the whole body of statutes, and making a report thereon to the people.^ It was their business likewise to select the juries for the afferent law-courts, and impanel them for trial. If Illpian is to be credited, they acted in some measure as conservators of the peace, walking in the streets at night to prevent robbery.® They had an office called Thesmothesimn in the market-place, attached very likely to the Prytancum.^ There were two cases in wmch all the nine Archons had jurisdic¬ tion in common; first, in the prosecution of deposed magistrates; secondly, upon indictments for passing illegal measures.® The Archons were always regarded as being, in point of honour and dignity, the chief magistrates of the state. They, as we have seen, were exempted from the trierarchy; a privilege which no other persons enjoyed by virtue of their station. While engaged in official duty, they wore crowns of myrtle; and for any one to strike or insult them at such a time was, as we learn from Demosthenes, a high misdemeanor. At the end of the year, if their- duties had been properly discharged, they became members of the Areopagus.® APPENDIX V. HARMODIUS AND ARISTOGITON. These tyramiicides, so famous in history and in song, Shilleto*'® entitles “ miscalled patriots and worthless men.’’ And undoubtedly, if tried by the standard of Christian morality, the very attachment which has rendered their names immortal, by associating them -with the restoration of Athenian liberty, would in our estimation serve only to degrade them. Their merits however are not to be tried by such a (1) Xwpiov, o'lKiat, evotKtov. But where the proceeding was to recover the inhe¬ ritance of a deceased person, the Archon had cognizance. (2) Xptovr, apyvpiov, v. (5) Vol. II. Appendix VII. (6) Ante, p. 78. (7) Meier & Schomann, Att. Proc. pp. 59, 319, 474, 773. (8) Schomann, de Comitiis, 232. Meier & Schomann, Att, Proc. 40, 282, (9) Ante, pp, 12, 70, 75, 76. Vol, II. Appendix III. (10) In his edition of the Speech on the Embassy, p. 431. 262 APPENDIX V. standard: whoever would judge them fairly, must throw liimself as well as he can into the feelings of an ancient Athenian. It must not be forgotten that practices wnich the laws of Solon condemned were tolerated by the loose morals of the day : and even had this not been so, the Athenians would have forgiven much to the memory of men, whom they regarded as their deliverers from an odious tyranny. Odious I say: for though, at the time when the two friends raised their steel against Hipparchus, neither that prince nor his brother had behaved oppressively to the great body of the people, yet they were in a position which enabled them to exercise what oppression they pleased; and the very circumstances which led to the conspiracy against them forcibly illustrated the danger of conceding to any man a power above the laws. The words uttered two centuries after by Hyperides, “we don’t want a mild despot,” express what in the breast of an ancient Athenian was a deep sentiment of patriotism. The tyrant or despot, however virtuous or humane he might be in his private character, was stUl a man of lawless power and arbitrary will, who could slay, imprison, or outrage any one he chose witli impunity. The only sure protection for life and property, for aU that a freeman held dear to him, was to live in a republic under equal laws. So thought, so felt a good citizen of Athens from the days of Solon to those of Demosthenes. Hippias, the eldest of the sons of Pisistratus, succeeded to his father in the year b.c. 527. He was assisted in the government by his brother Hipparchus; their administration was mild and equitable, and even in accordance with the pre-established laws and institutions of Athens, so far as was consistent with the maintenance of their own authority. Hipparchus inlierited the literary tastes of his father, and was on intimate terms with the great poets of the day, Simonides and Anacreon, the latter of whom he induced to visit Athens. The author of the Platonic dialogue which bears his name commends Hipparchus m exaggerated terms for his wisdom and virtue. He was at least inspired with the ambition of being thought a morahst, and he distributed about the city and public roads busts of Hermes, which, while they answered a similar purpose to our milestones, arrested the eye of the passenger with pithy and laconic apophthegms in verse, such as, “ Do not deceive your friend,” “ Persevere in aflec- tion to justice;” and the hke. Yet with all his affectation of morality he was not the less addicted to sensual and unlawful pleasures. He cast his eye upon Harmodius, a beautiful Athenian youth, and affronted him with solicitations, which were indignantly repelled. In revenge for this disdain, he put a public insult upon the sister of the youth, summoning her to attend a religious proces¬ sion as one of • the Canephorse or basket-carriers, and, when she presented herself, disavowing the summons, and scornfully rejecting her as a person utterly unworthy of such an office. Meanwhile Harmodius had informed his friend Aristogiton of the overtures 0 HAEMODIUS AND ARISTOGITON. 263 ■which had been made to him, and excited in him a mingled feeling of rage and fear; which was greatly increased when he heard of the insult offered to the maiden. The two friends resolved upon revenge, and extending their views beyond the mere satisfaction of personal injury, concerted a plan, which they entrusted to a few select associates, for killing both the brothers and putting an end to the despotism. At the Panathensean festival it was customary for the citizens to march in arms to the Acropolis : this time, when their appearance in arms would excite no suspicion, the conspirators selected for their attempt. Harmodius and Aristogiton were pro¬ vided not only -with spear and shield like the rest of the citizens, but also -with daggers concealed under the sacred myrtle boughs, which were among the insignia of the procession.^ Their intention was first to assail the elder tyrant. Advancing to the Ceramicus, where Hippias was directing the order of the ceremonial, they pereeived him conversing familiarly with one of their own partisans, and con¬ jectured from his manner that their plot was hetrayed. In the confusion of the moment they renounced their attempt upon Hippias, but resolving at all events to have their revenge, they hastened back to the city, and meeting with Hipparchus, rushed upon him and slew him. Harmodius himself was killed on the spot by the guards : iVristogiton, escaping for the moment, was afterwards seized and suffered a cruel death under the torture.^ The news of his brother’s death was speedily carried to Hippias, who took the promptest means to crush the conspiracy before it had time to spread among the crowd. Hastening to the spot where the citizens were assembled for procession, with a calm demeanour, as if nothing had happened, lie ordered them to drop their arms and file off to another place which he pointed out. His command being obeyed, the arms were seized by his guards, and Hippias, arresting all on whose persons any con¬ cealed weapons were found, or whom he had any other cause to distrust, secured himself against further danger. Such was the immediate termination of this famous conspiracy, which happened in the thirteenth year of the reign of Hippias. That prince, exasperated by the attempt which had been made agamst him, from this time entirely changed his system of govern¬ ment, and from a nuld and humane despot became a jealous and cruel one. He reigned four years longer, until the Alcmseonidm ■with Spartan aid expelled him from Athens. The Athenian people, established in a free commonwealth, regarded Harmodius and Aristogiton as their deliverers; erected statues of them in the Agora,''* and granted those honours to their memory, and those immu-» nities to their descendants, of which so much is said in the Orations (1) Thucydides, vi. 58. The words ov iiertOr], ambiguous perhaps in themselves, are explained by later writers, who distinctly mention the tortisre. See Thirlwall’s History of Greece, vol. ii. C9. Grote, vol. iv. 152. (2) As to its position, see "Wordsworth’s Athens and Attica, p. 108. 264 APPENDIX V. of Demostlieiies, and in the Leptinea especially. In one sense nn- doubtedly they were the liberators of Athens: for, though their attempt failed, it drove Hippias into those measures which rendered him universally odious, and produced the combination for his dovmfall. But the popular belief went even beyond this ; for in the course of some years after the event, as we are assured by Thucydides,^ it had become a received tradition amon^ the Athenian people, that Hipparchus, not Hippias, was the elder brother, and that the dagger which ended his life at the same time put an end to the dynasty of nis family. The story was taken up by the poets, and is embodied in the famous Scolium or drinking-song of Callistratus, written about a century after the event, which distinctly asserts that Harmodius and Aristogiton killed the tyrant Hipparchus,” and that they “gave equal laws to Athens.” Of this song there have appeared divers translations, the best of which are collected and reviewed in Blackwood’s Magazine, Vol. 33, p. 884. The Heviewer gives one written by himself, under the assumed name of Christopher North. I subjoin these, together with an attempt of my own. The original, which is preserved in Athenseus XV. 695, is set forth in the note.* CIiniSTOPHEIl NOETH. Like Harmodius and Aristogiton, The myrtle-wreathed sword rU bear—when Athens’ lord they slew, And equal laws restored. (1) Thucydides, vi. 55. It is stated by the Scholiast, and may in some measure be inferred from the words of the historian himself, that he was related to the family of Pisistratus. His account of these events is verified by Herodotus, v. 55, &c. vi. 123. (2) the scolium of callistratus. ’Ki' fJiVpTOV K\a5l TO fl0OC "ila-nep 'Apjuddior k’ 'Aptmoyeiroiv, Ore rov Tupavvov KTOverriv, f ’lo'ovofxovv t’ ’AOtjvas t7roirjo'aTr)i'. ^l\TaO' 'Apfioii', ov Tt nov rtOvnuatt N^(ro£f 6' kv fiaKapcov i\raO' 'Ap/id5(€ k’ 'Apcaroyetrov, "Oti toV Tupavvov ktuvstov 'laovonout t’ ’Affijvav kiroitjaaTOv. A distich of Simonides, published in the first volume of Gaisford’s Poetae Minores Graeci, is remarkable for the artifice by which the poet contrives to get Aristogiton’s name into Elegiac verse : "’ll fxey' 'A9t]valotaSti Kal TCTTiytov dvdneffra, Kal KriKeidov Kal Bovpov9 /JpoTOU? Xc<7r»jj, OTav Tr\t](TOioa'tv ajj,Tre\ov potjr, VTTVOV re, XrjOiiv ru>v KaO' fjfiepav KaKwv, didwatv, ov3’ ear' dWo (j>dp(j.aKov irovoiv. And V. 416,— 6 baifitav 6 Atoi trais Xa/pet fxev OaXiaiatv, 0iXei 5’ bX^odorecpav El- ptjvav, Kovporpo^ov Oeuv. icrav 3’ ei? re rov oXfiiov rov re 3 u>k otvov Ttp'/zci' dXvirov. ATHENIAN FESTIVALS. 279 Horace’s verses (Carm. I, 18.)— Siccis omnia nam dura Deus proposuit; neque Mordaces aliter diffugiunt solicitudines. Quis post vina gravem militiam aut pauperiem crepat? Quis non te potius, Bacche pater, teque, decens Venus ? (Carm. III. 22.)— Tu spem reducis mentibus anxiis Viresque, et addis cornua pauperi, ^ Post te neque iratos trementi Regum apices neque militum arma. Or those of TibuHus (I. 7, 41.)— Bacchus et afflictis requiem mortalibus aifert. Crura licet duro compede pulsa sonent. Non tibi sunt tristes curse nec luctus, Osiri, Sed chorus et cantus et levis aptus amor— are but the foreruimers of Dryden’s— Bacchus ever fair and young Drinking joys did first ordain ; Bacchus’ blessings are a treasure, Drinking is the soldier’s pleasure. Rich the treasure. Sweet the pleasure. Sweet is pleasure after pain : and liundreds of similar effusions. "WTien Caliban says— That’s a brave god and bears celestial liquor; I will kneel to him— he only does that which the Greeks, or Egyptians, or Phosnicians, or whoever were the first worshippers of Dionysus, did, when they created for themselves an imaginary Wine-God.^ A feast of Bacchus was celebrated in very early times in the rural districts of Attica. It was a thanlcsgiving for the vintage which had just been got in. Peasants assembled earrying thyrsi, or poles sur¬ mounted with bunches of vine-leaves. i The goat was sacrificed to the God, on whose tree he committed depredation. A joyful hymn was sung round the altar; this was afterwards exalted into the dithyramb. There were songs also of a grotesque and ludicrous kind, accompanied with dances of the same character. The performers wore masks or smeared their faces with the lees of wine. Who could have thought that the glories of the Attic drama would spring from such an origin ? There were rude processions and mummeries, in which the slaves were allowed the same liberties as their masters. One part of the diversion was to mount in a wagon, and assail the passers-by with coarse and obscene jests^ Another was the Asco- liasmus,^ or dancing on goat-skins smeared with oil; in -^hich the (1) See Herodotus, ii. 48, 49, and Mitchell’s Introduction to his edition of the Frogs of Aristophanes, p. 23, &c. (2) See vol. ii. p. 51. / (.3f See Aristophanes, Plutus, 1129, and the notes. 280 APPENDIX VI. same laughable accidents oecurred as at our fairs, where people run raees in bags. Virgil compares the Attic vintage-fairs with those of ancient Italy, (Georgic, II. 380.} Non aliam ob culpam Baccho caper omnibus aris Caeditur, et veteres ineunt proscenia ludi: Praemiaque ingeniis pagos et compita circum Theseidae posuere, atque inter pocula laeti Mollibus in pratis unctos saliere per utres. Necnon Ausonii, Troja gens missa, colon! Versibus incomptis ludunt risuque soluto, Oraque corticibus sumunt horrenda cavatis; Et te Bacche vocant per carmina laeta, tibique Oscilla ex alta suspendunt mollia pinu. This rude kind of worship, forming the basis of that which was adopted in the state religion of Athens, underwent considerable changes not only by the increased splendour of its ceremonial, but by the importation of novel and mystic rites from Thrace, Phrygia, and Egypt. The simple Wine-God was exalted into a greater Deity, who inspired his votaries with a more potent enthusiasm. Such was the Dionysus Zagreus, a Deity of the Orphic Theology, whose’ worship was introduced at Athens by Onomacritns. He was the.son of Zeus and Persephone, and reputed to be equal with his father: mangled and slain by the Titans, he was afterwards mysteriously reborn from the Theban Semele. He was associated in religious honours with Ceres and with Rhea; he received the Thracian titles of Evius and Sabazius; he was often identified with the Egyptian Osiris, as Ceres was with Isis.^ His worship was attended with frantic orgies, and with the exciting music of the flute, the drum, and the timbrel: men and women went promis¬ cuously in wild procession, disguised as Satyrs and Nymphs, wearing the fawn-skin, and carrying not only the vine-branch, but the oak, the pine, the yew, and the ivy.^ The Phallus was borne aloft, as the (1) Pausanias, viii. 37. Herodotus, -vii. 6. Faber’s Origin of Pagan Idolatry, ii. 404. The ancient myth appears to be adopted by Euripides, Bacchm, 288, 520. (2) See Mitchell’s Introduction to the Frogs, pp. 16,82, 97. And as to a Bacchus, the son of Ceres, see title Eleusinia. (.8) Euripides, Bacchse, 59.— aipepvyi(t)y aiiXZv iTveufiaTi, fxarpos re 'Peas elf xepa OrjKav, ktvttov eu~ ' do-fxaat BaKxdv» Compare v. 205, 402, 862, 1055. (1) See Athenasus, v. 201. Aristophanes, Acharn. 259.' (2) Bacchae, 298. ndvTis 6' 6 daifxaiv ode' to ^ap BaKxe^o’^Ixov Kal TO ixaviwdes jJiavriKijv iroWt]*/ OTav yap 6 Qeos es to aw/x’ eXOtj ttoXvs, Xeyeiv to fxeXXov tovs fxefxnvoTas roiel. (3) See vol. ii. p. 94. Grote’s History of Greece, i. 25, &c. Euripides, Bacchas, 40. 3er yap irSXtv rtjvd’ eKfxaOeiv, Kel /iJ/ OeXet, dreXecTOv oixrav tGw hjxwv BaKxev^xdruv. In the following lines he speaks more particularly of the mysteries (471, &c.) Ilev^et/r. TK 5’ opyi’ earl rtv' I3cav exovrd aot Acoi'i/crof. apprjr' dfiaKxevrotaiv eldevai /SporZv, T\ev()evS‘ CX®‘ ovtjatv rolat Qvovaiv riva ; ' Aioi'ocrof. ov Oe/xis uKovaai a', eari d’ aft’ eidevai. TlevOevs. tv tout’ S:Ki/3dt]Xevaas, tV’ aKovaai OeXa. * txiovvaos. daifieiav daKovvr' dpyt t'x^a/pet Oeov. J 282 APPENDIX VI. vengeance; they to whose licentionsness, as Pentheus contended, the nocturnal rites afforded so dangerous an encouragement.^ Allusions to the myths and mysteries of Bacchus abound in the Latin poets : as Horace, Carm. I. 18.— Non ego te, candide Bassareu, Invitum quatiam, nec variis obsita frondibus Sub divum rapiam, &c. Carm. II. 19.— Bacchum in remotis carmina rupibus Vidi docentem, (credite posteri,) Nymphasque discentes, et aures Capripedum Satyrorum acutas. Evoe! recento mens trepidat metu, ' Plenoque Bacchi pectore turbidum Lsetatur. Evoe! parce Liber, _ Parce, gravi metuende thyrso, &c. Carm. m. 25.— Quo me, Bacche, rapis tui Plenum ? Non secusin jugis Exsomnis stupet Evias, Hebrum prospiciens, &c. Virgil, .®neid. IV. 30.— Saevit inops animi, totamque incensa per urbem Baccliatur : qualis commotis excita sacris Thyas, ubi audito stimulant trieterica Baccho Orgia, nocturnusque vocat clamore Cithaeron. Compare ^Lneid. VIII. 385. Propertius, III. 15.— Quod superest vitae per te et tua cornua vivam, Virtutisque tuae, Bacche, poeta ferar. Dicam ego maternos ^tnaeo fulmine partus, Indica Nysaeis anna fugata choris ; Vesanumque nova nequicquam in vite Lycurgum, Pentheos in triplices funera grata greges : (1) The following is an example, in w'hich Pentheus decidedly has the best of the argument. He says, v. 221.— k\u(o 5e veoxfJ-a r>]v6’ ava TTroXiV KaKa, ^in/aiKuy riiJ.lv Suo/jaT’ kKXeXoiwtvat irXaaralai BaKxelaKJtv, kv de SaaKtots opf.ai OodC^cv, Tov veuKTrl daifjova Aiovvffov, oerriv ecrrt, rt/jwcras x°PO^^' TrXfjpets Se Oiucroif ev fjeootatv eardvat Kparrjpa^y dXXnv 6’ dXXoa-’ ely epr)iJ.iav rrrwcraovaav eii/af? dpaevtov vTTtjperelvt jrp6s Stj fjatvddas OvoaKoovs, rijv d’ ’Acppodlrriv irpouti’ d'yeiv tov Bok^Iow. To* which the answer is, v. 314.— oi/x o Aiovvaor (rct)6poi T]Kov(Tiv out’ e/c rCou iroXetov ot fu/x/uaxo<. (2) Introduction to the Frogs, p. 115. The same observation is indeed equally applicable to the ensuing festival. (3) Aristophanes, Acharnians, v. 1000.— aKoi/€Te Xeif' Kara rd Trarpta touc xouf niveiv iino T^r irdXTriyyoi' ot 6' dv tKnlr} trpioTtarot, uokou KTria-t^wvTot Xt]\}/eTai. _ Compare v. 1202, 1224. From these lines an argument has been derived to prove the identity of the Lenaea and the Anthesteria; because it is clear from v. 504, that the play of the Acharnians was acted at the Lenaean festival. But we must remember that Dicaeopolis is there addressing the spectators, and discussing realities, whereas in the other passages the action of the play is going on. The same argument might be used to identify the rural Dionysia with the Lenaea. See v. 202. ATHENIAN FESTIVALS. 285 The third day was named Chytri^ or Pots; the reason of which Mitchell expounds “ The change from the last day in Carnival to the first of Lent in Roman Catholic countries could hardly be more striking than that, from the first two days to the third of the Anthesteria. If the first two belonged to the living, the third, as we collect from a passage of Theopompus, preserved by a Scholiast on the Fro^s, as exclu¬ sively bdonged to the dead; and if the people of Attica pampered their own bodies or those of their visitors on the first two days, the third called upon them to offer up prayers for the repose of souls departed; the festival itself bearmg the name of Chytri, from the pots containing the seeds or shdl-fruits which on tins solemn occasion were offered to Hermes Chthonius.” IV. The great or city Dionysia, celebrated in the month of Elaphebolion, was the most splendid of them all. It was the spring of me year; the seas had again become navigable; and a concourse of visitors from all parts of Greece was drawn to Athens either by business or pleasure or both. A grand procession in honour of Bacchus, choruses of dancers and musicians, and dramatic per¬ formances in the theatre, were the principal of the appointed solemnities. The new tragedies and comedies were now brought out, exciting the most eager competition for victory and an intense interest among the audience. The chief Archon presided, and distributed the prizes. It was upon this occasion that Demosthenes was to be crowned in the theatre under the decree of Ctesiphon. It was upon this that he officiated as Choragus, when he was insulted by Midias. Besides these grander exhibitions conducted imder state regulations, there were others equally attractive to a different class of spectators, to the great rabble of boys, slaves, and miscellaneous multitudes that were gathered in the town. Athens was indeed a vast fair; the best idea of which is to be gathered from the lively descriptions of such writers as Mitchell and Becker. An extract from the Charicles, Scene X., will conclude the present subject;— “ Innumerable guests had poured in to the scene of the festival from all the regions of Greece; every house was kept open for the reception of distant friends; every tavern was too sm^ to accommo¬ date its crowd of visitors. Many had even erected booths in the streets and public places, intending to turn the festival to profit; for, besides the sight-seers and measure-hunters, a mass of the lower classes had come in the hopes of picking up something among such a confluence of idlers. Retail dealers ot all descrip¬ tions had arrived: bevies of Corinthian beauties, jugglers and (1) Introduction to the Frogs, p. 117. It appears that comic dramas were at times performed on this day; upon which this ingenious writer (in 1. c.) has a long discussion, to which I must refer the reader. Compare the Scholiast and notes on the Frogs, 210. 286 APPEXDIX VI. strolling mountebanks laden vdtli the apparatus of their art and the decorations of their booths : all were ready to devote their utmost exertions to the amusement of the public and the replenishment of their own purses. I -sif ^ The Dionysia had begun, and pleasure was the sole pursuit of all through the live-long day. Strangers and citizens paraded the streets in hohday attire, with garlands on their brows; altars and Hermse were wreathed with chaplets: and iu every thoroughfare stood huge bowls fiUed with the gift of the God, inviting all that hked to drink to their very hearts’ content. “ Everywhere peals of loud laughter and boisterous mirth assailed the ear; nought was to be seen but troops of merry-makers, and reckless swarms of comastse, impudently caricaturing the pomp and ceremony of the festal procession. “ But the most curious sight of all was the mob that beset the theatre. Since early dawn the seats had been crammed with spectators, who attentively followed the solemn contest of the tragedians, previous to being diverted a little later by the more lively fare of the comedians. Erom time to time stormy rounds of cheering and applause burst from the serried mass; while at intervals might also be heard a shrill whistling, directed at an obnoxious passage in the play or the bad performance of some actor, or perchance meant for some one among the audience. “ Outside the theatre also sight-seers of more humble pretensions found abundant materials for amusement. Here a puppet-man had set up his little theatre, and with practised hand guided the hid¬ den strings that set in motion pigmy figures, which performed the most grot^esque antics to the intense delight of the children and nurses standing round. Elsewhere a Thessalian exhibited the dexterity of two damsels, who with the most infinite coolness and agility made surprising leaps amidst sharp sword-blades stuck upright in the ground, threw somersaults, or sitting down upon a potter’s wheel in rapid motion read and wrote with ease; whilst the man hims elf from time to time opened his mouth wide and let fly a stream of sparks among the horrified spectators, or with apparent difficulty gulped down swords and daggers. Not far off a juggler had pitched his tent, taking the prudent precaution of placing projecting barriers to keep over-curious observers from his apparatus table. Simple rustics and fishermen beheld with wonderment, how at first the pebbles lay one under each of the mysterious cups, then aU are under one, after which they all vanished, finally reappearing out of the conjuror’s mouth. But when, after causing them to dis¬ appear a second time, he finally drew them aU three out of the nose and ears of the nearest spectator, several of them scratched their heads as not knowing what to make of it, and one plain countryman shaking his head said to his neighbour, ‘ I say, if this chap come near ATHENIAN FESTIVALS. 287 my farm, then good bye to goods and gear.’ But the heartiest laughter was heard romid the booth of a man who was exhibiting a number of trained monkeys, dressed in motley suits, with masks before their faces, and which performed elaborate dances like so many well-behaved human beings. The trainer’s switch kept them a long while in order, and his man was just collecting the small copper coins from the bystanders, when a wag amused himself with throwing some nuts among the dancers, who in a twinkling, forgetful alike of all propriety and the parts they played, made a descent on the prey and began scratching and biting each other for the posses¬ sion of it, to the great amusement of the spectators. The confusion ■vrhich ensued was a fine opportunity for the thieves and cut-purses, who were following their calling in great force and levying contri¬ butions on the crowd or at the tables of the pedlars, where all sorts of wares, clothes, and ornaments, both false and genuine, were dis- jplayed for sale. Not a few of the purchasers, when they came to pay, found themselves to be minus girdle and purse ; but it was Dionysia time, and so nobody was disconcerted by such occurrences.” ELEUSINIA. Demeter or Ceres, the Goddess of the earth and the cornfield, was the object of a very ancient worship at Eleusis in Attica, founded upon her own personal visit to that country after the loss of her daughter Persephone or Proserpine. Who has not heard of the rape of Proserpine by the Stygian king ? Those who have not read about it in Ovid or Ciaudian, may have read the poem of Barry Cornwall. Homer’s hymn to Ceres shows how the Goddess, inconsolable for the loss of her daughter, wandered over the earth till she came to Eleusis, where under the disguise of an old woman she was received into the house of Celeus, king of the country, and became the nurse of his son Demophoon; she refused for a long time either to talk or to taste food, and it was only the merry and playful humour of the maid-servant lambe that roused her from her deep dejection. She became fondly attached to the child, and would have made him immortal, but for the unfortunate curiosity of his mother Metanira, which led to a discovery of their celestial visitor, who then ordered that a temple should be erected to her upon a spot near the fountain CaUichorus, where she had first rested from her fatigue. There she took up her abode for a year, stiU sorrowing for her daughter, and inflicting the curse of sterility upon the whole earth, until at length Jupiter made with her that solemn compact, by which Proserpme was to be restored to her society for six months of the year, spenduig the other six with her infernal consort. No sooner was the wrath of the Earth-Goddess appeased, than the curse of barrenness was removed, and the Rharian plain, then first teeming with Cereal produce, became celebrated for its fertility. . To commemorate these events, and evince her gratitude towards those who had hospitably 288 APPENDIX VI. received her in her distress, Ceres condescended to establish her own religions worshij) in the country, of which she constituted Celeus himself, together with Triptolemus, Diodes, and Eumolpus, the interpreter. They were the founders of priestly families, in whom the superintendence of her worship remained long hereditary. The most distinguished of these in the historical times were the Eumol- pidae, from whom was always chosen the Hierophant, or high-priest of the mysteries: and who performed other rehgious duties w^ch we have already had occasion to notice. (Ante, p. 148.) Triptolemus, according to another legend, was taught the art of sowing and ploughing oy Ceres, which he commuaicated to the world. He is the unci puer niotistrator aratri of Yirgil: in Ovid he is the child whom Ceres nurses.^ The worship of Ceres, thus founded at Eleusis in very early times, afterwards, when all the Attic states were united under one govern¬ ment, was adopted by the Athenians and became a part of the state religion. The Eleusinians, acknowledging their pohtical dependence on Athens, retained by express stipulation (as Pausanias tells us, I. 38.) the conduct of a worship which had been specially revealed and entrusted to them: and this in course of time, under the management of their priests, and with the sanction and aid of the Athenian state, was expanded into the Eestival and Mysteries whose fame is world¬ wide, and which have made the name of Eleusis nearly as celebrated as that of Athens herself: Meusina sanctam illani et augustam^ Ubi initiantur gentes orarum ultimae. The festival of the Mysteries, as it was celebrated in the historical period of the Athenian republic, and indeed for many centuries until its final abolition, is to be regarded in two points of view. In its external form it was a commemoration of the sorrow and subsequent gladness of Ceres, and a great part of the ceremonies had reference more or less direct to the events of the ancient legend. But there was a secret as well as a public worship. Upon the ceremonial handed down from the primitive times there were engrafted mysteri¬ ous rites and revelations, which were supposed to exercise a rehgious influence upon the mind, and one of a more salutary kind than the Bacchic mysteries. These were imparted to the communicants upon certain conditions, one of which was secrecy. What their natnre and (1) Compare Apollodorus, i, 5. Callimachus, Hymn, in Cererem. Ovid’s Fasti, iv. 435, &c. Diodorus v. 4, 5, 68. The legends concerning Ceres were many and various. That the giver of corn and bread should be worshipped as the inventress of laws and civilization (Oeo-fiotpopor) is not surprising. She was identified also with Isis, Rhea, and other divinities. Herodotus, ii. 59. Euripides, Helena, 1321. Diodorus, i. 13, 14, 29; v. 69. Pausanias, viii. 25; ix. 25, Strabo, iv. 198, citing Artemidorus, who mentions an island near Britain (Mona probably), where there was a worship similar to that of Ceres and her daughter in Samothrace. See Faber’s Origin of Pagan Idolatry, iii. pp, 27, 101, 176. As to the story of Ceres being enter¬ tained by Phytalus, founder of the priestly family of the Phytalidae, see Pausanias, i. 37. Ceryx, progenitor of the Ceryces, was, according to one legend, a son of Eumolpus. (Ibid. 38.) ATHENIAN FESTIVALS. 289 character were—^whether they had any reference to the doctrine of a future state—whether they taught any higher and purer notions of the Deity or of human duty than what was to be found in the pagan mythology—^whether they were imported from Egypt or elsewhere, or whether they were of Greek origin, and at what particular time they were introduced—all these matters have been the subject of various conjecture and controversy. And the point cannot be fuUy decided.^ • (1) Warburton in his Divine Legation of Moses, book ii. secfion 4, has collected an immense number of authorities upon the subject: but they are far from sup¬ porting his theory that “ the Mystagogue taught that Jupiter, Mercury, Bacchus, Venus, Mars, and the whole rabble of licentious Deities, were only dead mortals— the errors of Polytheism were detected, and the doctrine of the Unity taught and explained in the Mysteries.” It is indeed of itself highly improbable, that the priests of the Deities, who officiated at the public worship, should declare in private to a large body of the w'orshippers, that the whole thing was a sham and a falsehood. Such a system of double dealing could not have been carried on very long. Warburton perceived this difficulty, and tries to avoid it by suggesting “ that the discovery of this Supreme Cause they made consistent with, the notion of local tutelary Deities, beings superior to men and inferior to God, and by him set over the several parts of his creation.” But the question immediately occurs—who were these tutelary Deities ? Was Ceres one? or was Pallas one? Not according to Warburton; for they were but dead mortals; and therefore, unless the priests adopted a new nomenclature in their theology, of which there is no evidence, they would not have satisfied even the votaries of this more refined polytheism. The theory respecting the sixth Book of Virgil’s .®neid that ” the descent of his hero into the infernal regions was a figurative description of an initiation, and par¬ ticularly a very exact picture of the Spectacles in the Eleusinian Mysteries,” has been successfully demolished by Gibbon. See his Critical Observations on the sixth JEneid, published in the second volume of his miscellaneous works. Touching the subject of the Mysteries he observes (p. 600):— “ But our curiosity is yet unsatisfied; we would press forward into the sanctuary, and are eager to learn what was the secret which was revealed to the initiated and to them alone. Many of the profane, possessed of leisure and ingenuity, have tried to guess what has been so religiously concealed. The secret of each is curious and philosophical; for, as soon as we attempt this inquiry, the honour of the mysteries becomes our own. I too could frame an hypothesis, as plausible perhaps and as un¬ certain as any of theirs, did 1 not feel myself checked by the apprehension of dis¬ covering what never existed. I admire the discretion of the initiated : but the best security for discretion is, the vanity of concealing that we have nothing to reveal.” If the secret was, that there was no secret, this could hardly have prevented its being betrayed, one would imagine. Faber, in his learned and interesting work on the Origin of Pagan Idolatry, while he rejects Warburton’s theory respecting the Mysteries, adopts one consonant to his own views of Pagan worship. His main position is that the polytheism of the Gentiles was a corruption of the true religion derived from the patriarchal ages; that all their mythological systems, though varying in fonn, had the same origin and the same meaning ; their Gods, under different names, were really the same, all resolving themselves into a single God, who w'as esteemed the great father, their Goddesses likewise into one Goddess, who was the great mother ; these two beings ultimately appearing as a sole divinity partaking of both sexes, who was the parent of the universe. The great compound Deity however, whom they thus worshipped, was not the true God, but only the hermaphroditic conjunction of the human parents of man¬ kind, Adam and Eve, or these first parents resuscitated after the deluge in Noah and his wife. They were the regents of the mundane ship, astronomically worshipped in conjunction with the sun and moon, and materially identified with the whole frame of nature. In accordance with these views, which are elaborately set forth and dis¬ cussed in three quarto volumes, he propounds his own theory of the Mysteries—in ■'ifhich term he comprehends all mysteries, whether Eleusinian, Curetic, Cabinc, Druidic, or any other ; for all in his view were substantially the same. The following extracts taken from vol. iii. p.ll 1, give the pith of his theory: the argument is pursued at great length in the whole of the same chapter. VOL. III. U [“As 290 APPENDIX VI. The Athenians took the utmost care, by severe laws and regulations, to prevent the disclosure of the solemn secrets ; and public opinion lent its aid for the same purpose. Any profanation of them was a high misdemeanour, triable only before a jury of the initiated. It nearly cost jEschylus his life, that he was thought to have spoken of them in his plays: he was acquitted by the Areopagus, on giving proof that he was never initiated. One of the charges against Alcibiades, which led to such serious consequences to Athens, was, that he had revealed the Eleusinian mysteries and h‘eld mock-celebra¬ tions of them at private houses.^ Such conduct would be a far greater shock to Grecian sentiment than a betrayal of the secrets of freemasonry would be in England. The feeling is expressed by Horace, Carm. III. 2.^ Est et fideli tuta silentio Merces. Vetabo, qui Cereris sacrum Vulgarit arcanae, sub isdem Sit trabibus fragilemve mecum Solvat phaselon. The Mysteries were sacred not only to Ceres but to Proserpine. The two Goddesses were associated as their common guardians.^ Yet there was a division of them into the Greater and the Lesser; the one more strictly belonging to Ceres, the other to her daughter. The Lesser were celebrated in the month of Anthesterion at Agra on the Ihssus, and were a sort of preparation for the Greater, to which “ As the principal hero-god into whom all the others were thought finally to resolve themselves was the great father Noah, viewed as a reappearance of the great father Adam, the Mysteries exhibited in a sort of pantomime the mingled fortunes of those two primeval characters. They displayed the lapse of the soul from original purity into a state of darkness, confusion, and ignorance. They affected to teach the initiated how they might emerge from this state, how they might recover what had been lost, how they might exchange darkness for illumination, how they m.ight pass from the gloom of error into the splendid brightness of a regained Paradi'C. They claimed to confer upon the epoptae the gloiious privilege of seeing things clearly, whereas before they were floundering in a turb d chaos of error and misapprehension. “Paradise however was believed, rightly (I think) believed, to have coincided geographically with mount Ararat: so that the renovated world commenced from the very spot where the old world had begun ; the second patriarch and his three sons were manifested in the self-same region where the first patriarch and his three sons had appeared ; and as the country of Ararat comprehended the site of Eden, when the mariners of the ark quitted their gloomy confinement, they literally passed from the dark womb of their great mother into Paradisiacal light and security. The Mysteries therefore described the great father as being either shut up in an ark and set afloat on the surface of the water, or as being inclosed within some one of the many symbols of the diluvian ship. They represented him as remaining in this state of confinement either daring a natural year, or during the mystical great year of the gods, or during a single day viewed aS a type of a year. And they exhibited him as at length quitting his prison, and returning once more to the light of heaven.” (1) Thucydides, vi. 2^ &c. Andocides, de Mysteriis, ii. 28. Ed. Bekker. This Oration is instructive on the law touching these matters. The orator himself, on his xeturn to Athens after the expulsion of the tyrants, was tried for profanation of the Mysteries, and acquitted. See Warburton, 1. c. pp. 205, 206. Mitchell’s Introduction to the Frogs, 126. Meier and Schomann, Att. Proc. 66, 1-13. (2) Gibbon argues, how improbable it was that Virgil, even if he had been initiated, ■would have incurred the censure of bis tiieud. Horace by revealing the secret. (3) T 0e(i. Andocides, ibid. 29, 113. ATHENIAN FESTIVALS. 291 admission might be obtained in the following year.^ Slaves were excluded; but citizens of any Greek state, not being of disreputable character, might, on taking the required oath of secrecy, be initiated. In later times it was thrown open to all the world.^ The Great Mysteries were celebrated in Boedromion (August), lasting nine days, from the 15th to the 23d. The first day was called the Congregation,^ because the Mysts, or persons who had received preparatory initiation, assembled at Athens. The second was called Mysts to the sea,'^ because they went down to the sea-side to undergo purification. The third was a day of fasting, on the evening of which they ate cakes of barley from the Rharian plain. On the fourth day the sacred basket,^ containing poppy and pomegranate seeds, was drawn by oxen in a wagan, after which women followed carrying little caskets, tacita sacra cistarum.^ (Apuleius, Metam. III.) The poppy, cereale papavery was sacred to Ceres, because she had eaten of it for oblivion of her grief; (Servius, ad Yirg. Georg. 212. Ovid’s Fasti, TV. 511;) the pomegranate, because (according to the Homeric hymn, 375,) the eating of a grain had prevented the entire separation of Proserpine from Pluto. On the evening of the fifth day they marched to the temple at Eleusis by torch^ght; the torch-bearer, who led the processi,on, was symbolical of Hecate leading Ceres in search of her daughter.^ On the sixth day there was a grand pro- (1) Warburton, ibid. 178, 179. He cites a fragment of Euripides containing an elegant comparison.— VTTVOi T(( IJitKp'x TOV OavUTOV fxVCTTtlpia. (2) Hercules was said to have been the first stranger admitted to initiation: to which there is an allusion in the Hercules Furens of Euripides, v. 613 :— Ta fxvarwv 6’ opyi eirvx>JO'’ See Warburton, ibid. pp. 173, 174, 225, 226. (3) ’Ajvp/j^t. (5) The day was called koApOov KaOudo?. (4) "AXade piva-Tat. (6) These, according to Faber, were emblematic of the ark, of which Ceres, like Cybele and Isis, was a personification 'J he contents of the cistae, according to Clemens Alexandrinus, were certain conical pyramids, cakes formed so as to exhibit the semblance of navels, pomegranates, and the hieroglyphic of the female principle. (Origin of Pagan Idolatry, iii. 130.) (7) Sophocles refers to the torches in CEdip. Colon, v. 1043.— r] XafxTraa-iv uKraTt, oZ UoTi/mt cre/Lii/« rtOij- yovvrai reXri Ovaroiatv, uv Kai xp<'iria fir I yXaiiTcr^ /Je/Jaxe TTpocrirokoji/ KifiuXTriSay. Compare Ovid's Fasti, iv. 473.— , lllic accendit geminas pro lampade pinus: Hinc Ceieris sacris nunc quoque taeda datur. Claudian, de Raptu Pro-^erpinse, sub init:— Jam mihi cernuntur trepidis delubra moveri Sedibus, et claram dispergere lulmiiia lucem, Adventum testata Dei. Jam magnns ab imis Auditur fiemitus terris, tempiumque reinugit Cecropium; sanctasque faces attollit Eleusin ; Angues Triptoh mi striduot, et squamea curvis Colla levant attrita jugis— Ecce procul ternas Hecate variata figuras Exoritur. u 2 292 APPENDIX VI. cession along the sacred road with loud and joyous shouts of lacchus, lacchus, which were continually repeated by an immense crowd until they arrived at Elcusis. Hence the day itseK was named lacchus, and a statue of lacchus with a torch in his hand and a myrtle garland (who he was, we shall see presently) was carried from the temple of Ceres. (Pausanias, I. 2.) On the night of this day the persons duly qualified were initiated into the awful Mysteries in the Eleusinian temple,^ and were then called Epoptae, from their being admitted to a full inspection of the arcana. On the seventh day they returned to Athens; and, as if to make amends for the serious and solemn devotions of the night, a licence was given for all kinds of jesting and joking. The object, as we are told, was, to commemorate the jests of lambe: but the Attic ladies did not content themselves with such sportive humour as served to beguile the griefs of Ceres. At a bridge over the Cephisus, where they stopped to rest, it was the cus¬ tom to assail one another with the ' same coarse ribaldry as the Bacchanalians did from their carts at the rural Dionysia. The eighth was an additional day allowed for initiation, and was called Epidauria in honour of Esculapius, who, having come too late, had this special day assigned for him. (Pausanias, 11. 26.) The last day was called ^lemochoce, from a ceremony of emptying two bowls, which perhaps concluded the whole affair. (Athenseus, XL. 496.) But who or what was the lacchus ? At first, nothing more than the mystical cry of the worshippers, derived from the word Afterwards it came to be personified, and a new mythical personage arose—lacchus a son of Ceres, who in process of time was confounded also with the Bacchic Deity.*** Cicero distin^shes them in his treatise Be Naturd Beorum (II. 24.) “Hinc Liber etiam: hunc dico Liberum Semele natum, non eum quern nostri majores auguste sancteque Liberum cum Cerere et Libera consecraverunt; quod quale sit, ex mysteriis intelligi potest. Sed quod ex nobis natos liberos appeUamus, idcirco Cerere nati nominati sunt Liber et Libera: quod in Libera servant, Libero non item.” What the original lacchus liowever was, appears from the marvellous story related % Herodotus in his eighth book, which I give in his own words: ® “ Dicseus, an Athenian, who was at this time in exile and in high (1) The temple is represented by Strabo as being of equal capacity with one of the great theatres of Greece: its interior sacellum he calls a mystic cell or cavern (juuffTtKot (Tiiicof, ix. 35)5.) Vitruvius assures us that it was of enormous magnitude, and that it was originally built without external columns, so that its sides must have presented the aspect of dead walls in the same manner as the old temples of Egypt. Aristides confirms the resemblance, observing that* the whole of the spacious interior was comprehended within one house or external wall, as were the temples of Egypt and Babylonia, and as still are the temples of Hindostan and the East.” Faber, (Origin of Pagan Idolatry, vol. iii. p. 270.) He concludes that it was constructed like the Labyrinths, with winding passages, by which the aspirants for initiation were conducted through darkness into light. (2) Grote’s History of Greece, i. 49. Mitchell’s Introduction to the Frogs, p. 98. (3) C. 65. Compare Aristophanes, Ranse, 209, 311, 329, 384, and Mitchell’s notes. ATHENIAN FESTIVALS. 293 esteem'with the Medes, stated that, when the army of Xerxes was ravaging Attica, then entirely deserted by the Athenians, he happened to be with Demaratus the Lacedsemonian in the Thriasian plain, and he saw a cloud of dust advancmg from Eleusis, like the dust of about thirty thousand men: while they were wondering by what people the dust could be raised, they suddenly heard a voice, and it seemed to him that it was the cry of the mystic lacchus: Demaratus, being ignorant of the Eleusinian rites, asked him what the sound meant, and he replied—‘ Demaratus, I am sure that some great disaster will befal the king’s army. Eor it is plain, since Attica is deserted by her population, that the voice is a supernatural one, coming from Eleusis to avenge the Athenians and their alhes. And, should it roll on. for Peloponnesus, there will be danger for the kmg and his army on the continent: but, if it turn towards the fleet at Salamis, the king win be in danger of losing his naval force. This festival is celebrated by the Athenians every year in honour of the Mother and her Child, and any one of them or of the other Greeks that chooses is initiated: and the voice which you hear is their shout of lacchus at this festival.’ To which Demaratus answered—‘ Keep silence and teU no other person what you have said. Eor, should these words be carried to the king, you wOl lose your head; and neither I nor any one else will be able to save you. But keep quiet. As for this army, the Gods wfll look to it.’—Such was his counsel. And now, instead of the dust and the voice, there appeared a nubilous vapour, which mounting upward moved on towardls Salamis in the direction of the Greek armament: and so they knew that the navy of Xerxes would be destroyed.” Mitchell’s remarks upon this subject in his Introduction to the Erogs (page 10) are worthy of our attention : “ The Grecian Demeter appears, and not merely in poetry, as the mother of two children, the one representative of the joyous, the other of the mournful principle of nature; the first hanging at a maternal breast swoln with the full tide of life, and drinking largely at its fount; the latter lost for a time to that mother’s love, buried in the depths of earth, and consequently an object to her of deep solici¬ tude and anxiety. The mournful principle has long been, or rather ought to have been long known to us under the name of Persephone: —^how loi]g is the joyous one of lacchus to be confounded with the name of a Deity with whom he originaRy had nothing in common, and from whom, if we wish to have correct notions of antiquity in general and of the proceedings of Aristophanes in the following drama in particular, we must learn to separate him wide as the poles apart ? “But the case of a double prmciple, a joyous and mournful one, did not end in Greece with the mere external changes of nature. The inner world of man was found to have its variations as well as the outward frame of nature round him. The being, late so gay, sud¬ denly droops, and medical skill cannot teU why. Dreadfiu visions 294 APPENDIX VI. haunt his couch; and the earth, which had fostered him as a mother, now borrows a 'fury form, and seems anxious to shake him from her bosom. What has occasioned this dreadful change ? The sting of guilt is at his heart; the wrath of an avenging power has been awakened; and are there no means, the sufferer asks himself, of appeasing an offended Deity, or will another life continue the torments which have so terribly begun in this ? The Being, who framed the heart to ask these questions of itself, did not leave them to be asked in vain even in the heathen world, at aU events in that portion of it with which we are best acquainted; and the three imaginary Deities, whom Attic poets introduced to explain the changes of the external world, Attic priests called in to satisfy the more fearful maladies of the moral world. Leaving it to other writers to describe more minutely the nine days’ rites and ceremonies which took place annually at Athens or at Eleusis for this purpose, we content our¬ selves with observing generally, that those of the first five were such as a soul ill at ease and anxious to reconcile itself with an offended Deity found to be the best adapted to the purpose—fasting, sacrifice, and prayer—lustral rites by fire and water, and it may be, confession of sins. But the sixth day arrives, and all is changed: the expiatory rites are over; the load of present guilt and sorrow is removed—the glad name of lacchus resounds from mouth to mouth—the joyous procession is formed, which with the image of lacchus preceding transports so large a body of worshippers from Athens to Eleusis; feast and dance consuming the hours there till night arrives, and solemn revelations assme the listeners not only that sins duly expiated are forgiven, but that a new bfe and happier scenes await the departed good, and that consequently, whether death or a future and eternal life are in their thoughts, those thoughts might rest in peace and hope.” ^ That the Athenians attached the greatest importance to this fes- (1) Compare Isocrates, Panegyr. 46.— A»;fuiTpo 9 iiptKTuevr]^ el? or €ir\av>j6ri tiJ? Koprj? apffao-fle/crr]?, Kal jrpoc Tour ftpoyovovi ev/ievuir d(aTe(^etcr»ir 6K Ttuv evepyeaiwv ai- oix oiov t’ a\\o tpatvofxevajv, uWav re fivpiav ’^evoiisvav, Aristid. Eleus.— Tint 6’ aW(f) ^ /iilfloji/ (pri^at OavnacTOTepa (:wt rt Bav/idatov ii7rt]VTt}aev, tt roirot Kaffapol Kal XetfiZnev ede^avTO, ^(oi/ac Kal ere/ui/ornTar aKoucrjuarcdv iepwi/ Kai (pavrair/JiaTwif aytojv i\ovT€r' iv alt 6 navreXrjt ridtj Kal /jie/aurj/utvot e\€v0epot yeyovwt Kal a^erot vepiiuiv iaTe(j>avo}iJiivot opyid^ei' Kal cuyeamv daiott Kal Kaffapoit dvSpdai. ATHENIAN FESTIVALS. 297 danses, par des chants sacres, et marj^uee par 1’expression d’une joie sainte. Les ornemens interieurs qui le decoraient, et les tableaux mysterieux qui etaient disposes circulairement dans les pourtours du sanctuaire, etaient les plus propres a piquer la curiosite et a penetrer Tame d’un saint respect. Tout ce qu’on y voyait, tout ce qu’on y racontait, etait merveilleux, et tendait a impritner un grand etonne- ment aux inities : les yeux et les oreHles y etaient egalement irappes de tout ce qui peut transporter Thoninie hors de sa sphere mortelle. “ 11 y avait des scenes de tenebres et de lumiere que Ton faisait passer successivement sous les yeux du recipiendaire qu’on intro- duisait dans le temple d’Eleusis, et qui retrafaient les combats que se livrent dans le monde ces deux chefs opposes.” ELETJTHEKIA. An annual festival held at Plataea, and attended by deputies from ah. the Greek states, being a thanksgiving to Jupiter the Deliverer for their victories over the Persians. It was instituted under the advice of that wise and honest patriot, Aristides, and doubtless intended to cement the friendly union of the Greeks. Every fifth year there were games. (Plutarch’s Life of Aristides, 21.) HALOA. An offering of the first-fruits of the harvest to Ceres and Bacchus, accompanied with sports, which took place in a barn, whence the name is derived. It appears to be the same as the Tlialysia. (See Taylor’s note to the Oration against Nesera, p. 1385.) IIEPH^ESTEA. Games in honour of Yulcan, at which the torch-race was performed. (Herodotus, YII. 98.) The God had a temple in the Urban Colonus, near to the King’s Porch. (Pausanias, I. 14. Wordsworth, Athens and Attica, p. 174.) The name and site of this temple (says Words- wo^j’th) lead us to infer, that it was the goal proposed to the racers who ran with their lighted torches, having started from the outer Ceramicus and running tluough the Dipylum into the city. - UERACLEA. A sacrifice to Hercules, performed (as it appears) without the walls of the city. (See Yol. II. p. 306.) The election to a priesthood of Hercules is mentioned in the Oration against Eubulides, (p*. 1313.) As to his temples, see Herodotus, (YI. 116.) HERIOEA. / This seems to have been a sort of holiday for the Athenian boys, who met in the gymnasia to do certain honours to Hermes, the patron God of those establishments, and to enjoy their sports and i ?98 APPENDIX VI. amusements. The law cited by jSlschines in the Oration against Titnarchus, which we have already noticed (ante, p. 244), forbade the presence of adults on this occasion. (See Becker’s Charicles, Translation, p. 306.) LAMPADEPHORIA. See ante, p. 245. LENJEA. See Dionysia. MDNYCniA. A festival of Diana celebrated in the month Munychion. She had a temple in the port of Munychia, which just before the battle of Salamis was blocked up by the Persian fleet, one wing of which stretched from it to the promontory of Cynosura. Hence, as it seems, a special festival in her honour was appointed after the victory. (Herodotus, YIII. 76, 77. Pausanias, I. 1. Plutarch, De Gloria Atheniensium, 349.) The oracle of Bacis, cited by the historian, alludes to the event.^ OLYMPIA. In honour of Jupiter Olympius at Athens, whose magnificent temple, commenced by Pisistratus, was finished seven hundred years, after by the emperor Adrian. (Pausanias, I. 18.) OSCHOPnORIA. The feast of boughs, which was a celebration of the return of Theseus from Crete; at which the chjef ceremony was a procession from the temple of Bacchus to that of Athene Sciras at Phalerum, i under the conduct of two youths habited like girls and carrying \Tne- boughs with clusters of grapes. The origin of the custom was this. When the third occasion arrived for sending to Minos his tribute of seven youths and seven maidens, Theseus having been chosen as one of them, he selected two young men of spirit and courage, but with fair complexions and girhsh faces, and ^ter thoroughly disguising them, and teaching them to counterfeit in every way the voices and manner of girls, he substituted them for two of the maidens designed for Crete. Upon their safe return, these two youths marched up in their female dresses to Athens, and, it being vintage time, they carried hi their hands boughs and clusters of the vine. This costume was retained after the establishment of the festival; and, as the object was to commemorate the joy of Athenian parents for the (1) ’AXX’ oral' ’Apre^Kiof xpt'<’’“opot; lepoi' uktIjv vtjval ')e(pvpu)