Cleonymus is again and again attacked for it. Vide Vesp. 19, 82-3; Av. 289, 1481. The motive of course of throwing away the heavy shield was to fly more quickly. Cf. Thucyd. vii. 45, 2, after the unsuccessful attack on Epipolæ, ὅπλα μέντοι ἔτι πλείω ἢ κατὰ τοὺς νεκροὺς ἐλήφθη, which he explains by stating that in retreating down the high ground they threw away their shields, and some escaped and others were killed. Cf. Horace's description of his retreat at Philippi, relicta non bene parmula.]

3. Sikálovτas' sitting on the jury.'

4-5. εἰσήγγελλε .. δημηγορεῖν ‘was impeaching Theomnestus for speaking in the assembly after having thrown away his shield.' A man guilty of cowardice in the field was tried before the Strategi; but in this case Lysitheus seems to have accused him of 'speaking in the assembly after having been guilty of such a crime, the penalty of which was arula. But though the impeachment was raised on this issue, the whole case would depend on the proof of his having thrown away his shield,' without proof of which the other charge necessarily fell to the ground. The eloayyella seems to have been to the Ecclesia, not the Boulè. The infinitive after eloayyéλew is not common.

5. ouk òv 'when it was not lawful for him to do so:' because if he had shown cowardice he was ἄτιμος. οἷς ἔξεστι is the phrase describing men without any disability in respect to any civil function.

9. þaûλov 'common-place and insignificant.'

yoúμn 'I should have considered:' for âv omitted, see ii. 1. 216.

12. pódikov pettifogging' or 'litigious.' Sikáteoba 'to go to law with;' dikájew to act as judge. The offence, as in Lat., is in the genitive, kakηyopías 'for slander.'

13. vuvi Sé 'but in the circumstances,' i.e. considering what a dreadful thing he has said of me. Cf. i. 1. 3.

14. οὕτω πολλοῦ . . πόλει ‘a man who had performed such notable services to you and the State.'

17. alperóν σT the special privilege is allowed,' a metaphor from the division of booty.

22

This serves to date the speech; he 23

says, 'this is the twentieth year since the restoration,' i.e. since the re-establishment of the Democracy after the rule of the Thirty Tyrants; that is, the year B. c. 384-3. He himself is now thirty-three, and therefore was thirteen in the year of anarchy. 23. οὔτε τί ἐστιν . . ἠπιστάμην 'could neither have any understanding of what constitutes an oligarchy.’

24. ékelve i.e. my father.

25. kal μèv & Now, to begin with, I could have had no good reason to have wished his death as far as money went.' kal Sn introduces a point in his argument, and uèv points to a suppressed but implied clause which should have been introduced by dè, And I wouldn't have wished it even if I could have had such reason to do so.'

30. πроσé μ 'it was for my interest.'

32. σxedov éπloraσde 'you know well enough:' so we use 'pretty well' almost ironically for ‘quite well.’

35. πρòs úμâs 'before you.'

The case

36. πρὸς τὸν διαιτητήν before the arbitrator. had been tried before one of the forty official arbitrators [four of whom were annually elected by lot from each tribe]. Against their decisions there was always an appeal; and before the time of Demosthenes all civil suits were heard first before one of them, that, if possible, an appeal to a higher court might be saved. It seems uncertain when this ceased to be the invariable practice; it had evidently been followed in this case.

37. Tŵν ȧπоρρηTwv 'one of the forbidden words,' i.e. one of the words for which a man might be prosecuted for libel if he applied it to another.

39. οὐκ ἀπαγορεύειν ' does not forbid. "The infinitive in 24 indirect discourse regularly has où, not un, to retain the nega tive of the direct discourse; but some exceptions occur.'-Goodwin, § 283, 3. Cf. Madv. § 205.

ouk av prohibits;' the negative, as in où onμl 'nego,' is inseparable from this verb in this sense.

41-42. óvoμáтwv 'words.' Not the letters, but the spirit. τῆς . . διανοίας 'their meaning.

Siapépeo la curare,' 'to care about,' 'take into account.'

Dem. Phil. i. p. 112 : φάσκειν δ ̓ εἰρήνην ἄγειν ὥσπερ ἐκεῖνος οὐ διαφέρομαι = ou μοι διαφέρει.

46. περὶ ἑνὸς, sc. ὀνόματος. ‘When he mentioned one term (for the act) his meaning embraced all.' He clearly showed his intention as to any other term that might be used.

48. Snov 'I presume,' introducing what seems to the speaker an absurd case. Note: the negative stands first in such sentences in Greek, for it is the emphatic word, but in English we must put it more closely with the verb. For I presume you would not have held a man guilty who called you a fatherbeater, and yet have looked on him as innocent if he had said that you "struck" your father.' Or, 'I presume you would no more have held a man innocent of slander who said that you "struck" your parent, than if he had said that you were a "parent-beater.'

If où is taken with the first clause, Sé must be translated' and yet.'

53. TEρl TOUTO yàp i.e. on the subject of throwing away a shield; of which Theomnestus had been accused, and acquitted : hence καὶ ποιεῖν καὶ λέγειν.

56. þáσknassert.' There seems often an idea of insincerity or malice attached to this word. See Index.

ὑπόδικον ‘liable to be prosecuted.

57. οὐκ ‘nonne. ἀλλ ̓ ἐξήρκει . . ἀποβεβληκέναι ‘but in the case of some one saying that you had thrown away your shield, would you have been satisfied with saying, “Oh, it's nothing to me, for 'throwing' and 'flinging' are two different things"?'

60-4. áπodéžαιo. 'Nor could you admit the charge, if you were one of the eleven, and a person arrested another complaining that his "cloak or shirt had been stripped off;" but on this same principle you would have to let the prisoner off, because he was not specifically called a λωποδύτης.

The Eleven [ten magistrates elected one from each tribe, with a clerk] had twofold functions:

I. Administrative

(a) They had the care of the prison, were responsible for the safe custody of the prisoners, and for their recapture if they escaped.

(b) Consequently they had to see that executions were carried out by the public executioner (dnμóкoLVOS).

(c) They were present at the examination by torture of slaves.

(d) They had cognisance of the lists of confiscated property before they were brought into court; and after the court decided were charged with the execution of the decree.

II. Judicial

(a) Criminal cases generally to which the death penalty was attached.

(b) Cases of State debtors refusing to pay.

(c) Cases of summary arrest (ảπaywyń).

It is in this last capacity that they are referred to here. They could not, however, inflict the penalty in the cases in which they acted as magistrates, unless the accused confessed; if he did not do so, they had only the power of bringing the case into the regular court (εισαγωγὴ εἰς τὸ δικαστήριον).

ámáyo summarily arrest.' Three ways of proceeding in criminal charges will be useful to observe as covering a large number of cases

(1) To summarily arrest a man and bring him before the Eleven [åraywyn]; in this case he must have been taken in the act [ἐπ' αὐτοφώρῳ, vi. § 85].

(2) To bring some magistrate to the spot to witness the crime [èphynois, ii. § 22].

(3) By calling, if possible, bystanders to witness, and then laying an information [evdeigis] before the magistrate [ii. § 20].

λωποδύτης ‘a stripper of clothes [λῶπος δύω (the feminine Aún is used in Homer for clothes)]. It is used as a general name for a 'robber from the person in the street.'

61. θοιμάτιον sc. τὸ ἱμάτιον the outer garment, consisting of a square piece of cloth, called also xλaîva.

XIT@víoкos a short close-fitting undergarment with sleeves, worn by men, whereas the female garment was called xiTávov. Sometimes it had only one sleeve, leaving the other arm free; it was then called ewuis, and was specially the dress of slaves. All three might be described by the word xirov. For the two mentioned together, see Dem. Mid. 583: wσтe μe poßη0évтα τὸν ὑμέτερον θόρυβον θοιμάτιον προέσθαι καὶ μικροῦ γυμνὸν ἐν τῷ XiTWVloкw yevéolai. See Becker's Charicles, pp. 415 sq.

ἀνδραποδιστὴς [ἀνδράποδον slave, factitive termination—δείν].

64-5. Another instance. The law punishes an ȧvdparodioтns, i.e. one who carries off a man into slavery. If he carried off a boy, of course he would be equally guilty. For ayayov, see vi. 1. 472.

67. av éveka 'to express which.' The end of speech is not words, but the conveying of ideas.

70. οὐδ ̓ εἰς ̓́Αρειον πάγον ἀναβεβηκέναι ‘never to have taken 25 the trouble to go to the Areopagus when the court was sitting.' A curious instance of a peculiarly Greek idea, that it was somewhat disgraceful in a citizen not to be interested in and acquainted with the processes in the law courts, assemblies, etc. See on viii. 1. 170. ῥᾳθυμίας καὶ μαλακίας ‘indifference and unmanliness,' lack of energy.

72. φόνου ‘murder. The court of Areopagus had special jurisdiction in cases of homicide.

73. Siwpooías 'the sworn depositions;' properly, 'the cross depositions from either side (diá).'

74. κακῶς ἀκήκοα 'have been abused, 1. 141.

77. páσкоvта though he pleads that he is a homicide, whereas the prosecutor swore that "he killed.' See on 1. 56. 79. kat avròs 'why, you, your very self.'

86. οὕτω . . λαμβάνειν ' that you should interpret the laws just as I am now doing.' Cf. Dem. 805, raрà тǹν óрyǹv iμŵv βουλήματα λαβών interpreting your wishes by your moments of anger.'

89. öπws av ẞoúλn 'in whatever sense you please.'

93-5. ὥστε . . πλεονεκτεῖν ‘that you ought to claim advantages, not in proportion to your services, but in proportion to the injustice you have been able to do without being punished.' 99. pabeîv 'understand.'

=

101. åλλà vûv 'even at this late hour,' even though he has never learnt it before. ἐπὶ τοῦ βηματος ‘while he is actually on the bema,' though of course he ought to have learnt it before coming to court. Bua 'suggestus' (1) the raised dais in the Pnyx in which public speakers stood, called also ò Xíos [Arist. Ach. 683, Pax. 680.] (2) In a law court there were two furnished with seats, one for the prosecutor, and one for the defendant;

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