two brothers. τὰ Ερασιστράτου his point is that in the case of Erasistratus' share he had really had possession, and to lose that would be harder on him than to lose the other two shares, to which, however, he was, strictly speaking, entitled,

59. οὐ τὴν ἀκριβείαν ἐπισκεψάμενος ‘not having made the calculation with minute accuracy. ἐπισκέπτομαι examine closely, ̓ τοὺς νόμους ἐπισκεψαμένους τοῦ Δράκοντος ἐκ τῆς στήλης, Demosth. (?) 1161.

61. τιμήματος ‘valuation.

63-5. v. åμpoßnra, gen of thing claimed, see on 1. 49. 120 Goodwin, § 173, 2. Tŵ μèv . . Tô Sè, i.e. the property at Sphettus and that at Kikynna, ll. 49-50. A talent is 6000 drachmæ, a mina 100 drachmæ. He claims property worth five minæ, i.e. 500 drachmæ, and 1000 drachmæ; and therefore short by 500 drachmæ of the third of a talent. Teypayáμny 'I valued it,' lit. 'I wrote on it.' Cf. Isæus, 3, § 2, тpia тáλavтa тiμnμa тậ κλήρῳ ἐπιγραψάμενος.

=

66. ἀποκηρυχθέντων 'when the property has been sold by auction.” ἀποκηρύσσειν venale proclamare præcone, 'to give notice of sale by a crier.' Tò TEρITTÒv i.e. what it fetches over and above my valuation of 1500 drachmæ.

69. μepowμévovs 'hired.' See on ii. 1. 72.

72-3. τοὺς τε πέρυσιν . λxonoav 'the Archons (Thesmotheta) of last year, before whom leave was obtained by me (supra, 1. 28) to bring in the suit,' i.e. before the defendants had demurred and got the suit quashed. τοὺς νῦν ναυτοδίκας 'the existing Nautodice' would testify to its having been transferred to them.

76. οὔτε . . πλειόνων, 1. 63, he means much less. Cf. vi. 1. 186. vuvi cf. ii. 1. 3.

81-2. To Siadikaoμa 'the property claimed.' See on 1. 10. TOUTO 'this much,' i.e. the 15 minæ.

83-5. ήδη δέ μοι . . ὑμῶν. These words seem to be intended to introduce some peroration or appeal, which does not appear. However, the speech throughout has dealt entirely with facts and arguments without any of the usual appeals to feelings or character; and it may be that the speaker contents himself with this bare request for a verdict.

84. Tŵv σuvelkov 'the fiscal commissioners' or 'syndics' presided at the trial. See viii. 1. 44.

ORATION X. [19.]

[This speech relates to events which happened in the period of the gradual revival of Athens, and the struggle to put an end to Spartan supremacy in the Islands and Greek cities of Asia, B. C. 398-B.C. 387.

When Conon took refuge with Evagoras in Cyprus in B.C. 405, he appears to have had with him other Athenian refugees looking up to him as their leader. One of these was Nikophemus. While Nikophemus resided at Athens, his son Aristophanes (like Conon's son Timotheus) remained at Athens. Nikophemus served as a Trierarch in the fleet, of which Conon took command in B.C. 396-5, and was by him appointed Harmost of Cythera in B. c. 393, and soon afterwards returned apparently to reside in Cyprus.

Meanwhile Aristophanes remained at Athens, and had married a sister of the speaker of this speech. He appears to have been a man of restless activity and great energy. His two public services mentioned here are-(1) An embassy to Dionysius of Syracuse to endeavour to detach that monarch from the Spartans, and persuade him to make an alliance with Evagoras; we do not know the date of this embassy, but it was prior to 390 B. C. [§ 19-20]: (2) A mission to the aid of Evagoras, sent in 389-8 B.C., in answer to a request of Evagoras. He went officially as πрεσßeνтns (1. 151); but he seems, at the request of his father, to have made great exertions in organising a military force of Teλτασтaí (1. 145). From this time we lose sight of him and his father. For some unexplained reason both Nikophemus and his son Aristophanes were put to death without trial (1. 7), and their property confiscated.

This being done, a suspicion seems to have arisen that the State had not got all the property left by Aristophanes, and that the person who was possessed of it was the speaker's father. He is accordingly summoned for illegal possession of public money before a court presided over by the σúvdikol or revenue commissioners. Before the trial however he died, and his son, the speaker, has to defend the action.

From Harpocration (s. v. Xúrpo) we gather that Lysias had written a speech on another trial on the subject of the property, when the confiscation was proposed, which apparently was done by one Æschines, as Harpocr. calls it т κar' Atoxivov.

The date of the speech is not accurately ascertainable, but from 1. 329 (see note) we may gather that it was not long after B.C. 388-7.

The defence is necessarily founded mainly on probabilities. He argues

(1.) That his father was not likely, from his general character, to have kept money unfairly.

(2.) That Aristophanes spent so much on public services that he
was not likely to have left much.

(3.) That he was not likely ever to have had much, as his father
occupied only a subordinate post, had nothing before the
battle of Cnidus, and no doubt kept the bulk of what
he had at Cyprus, where he had a wife and daughter.
(4.) It is not the first time that the public have been astonished
to find at a man's death that he was less rich than
common fame gave out. In fact it generally is so.

So far from having any of Aristophanes' money, the speaker
asserts that his sister-in-law and children have been thrown on his
hands, having lost even her dowry in the general wreck.

The speech is made the more interesting by lengthened allusion to the remarkable career of Conon, one of the ablest and most honest men produced by Athens at this period.]

6. Sevós clever,' ii. 1. 77, deivòs λéyew is the common 121 phrase in Demosthenes. Plato says of Lysias (Phædr. 228 A) that he was δεινότατος τῶν νῦν γράφειν.

7. οὕτως ὅπως ἂν δύνωμαι ' to the best of my ability.” οὕτως ows is little more than s; Xen. Cyr. 1, 1, 2, Xpñolaι OUTWS ὅπως ἂν βούλωνται. παρασκευήν preparation, see on ii. l. 122.

17. Staßolis invidia, 'with prejudice and popular opinion against him.'

20-6. Both clauses, πολλοὶ ἤδη ἀπελθεῖν and οἱ δ ̓ αὖ . . 122 TETOVOóσiv, are to illustrate the frequency with which accusations turn out to be false; 'some,' he says, 'are detected on the spot, while others are only found to be false when too late to save their victims.' The deduction is that no one ought to trust a διαβολή until he has heard the other side. ὑπὲρ πάντων τῶν Tежрауμévæv 'in the whole affair,' i.e. not only so far as they have really lied; being convicted of one lie, they are discredited altogether. μαρτυρήσαντες ἑάλωσαν ‘have been convicted of false witness.' Ta vevd falsehood,' the def. article with abstract noun.

29-31. mρlv av K.T.λ. until you shall have heard us,' i.e. the defence. Goodwin, § 240. ȧkoúw 'I hear it said.' Cf. 11. 91, 293. SELVÓTATOV 'most difficult to deal with,' i.e. because, as he explains, it acts unevenly; so that what is a sufficient defence at one time is not so at another.

36. τοὺς ἐλέγχους . . ἀποδέχεσθε ' you admit the arguments in refutation.' Tоdéxeobaι takes gen. of person and accus. of thing admitted, on the analogy of verbs of hearing. Goodwin, § 171, note 1. Cf. vii. 1. 184.

ἀπέθανον. Nico

37-8. Νικόφημος καὶ ̓Αριστοφάνης phemus was a friend of Conon, and was left by him in command of Cythera in B. C. 393, with the title of Harmost,—I suppose because the Spartans had by this time made that term a common one for such an officer [Xen. Hell. 4, 8, 8]. He has been unlucky in regard to his name, the MSS. in Xenophon giving it as Nikoonẞos, and in Diod. Sic. xiv. 81, Nikódnμov. Of his son Aristophanes we only know what we learn here. As to their death without trial,' we can only guess that it was on suspicion of treachery or embezzlement (Jebb, Att. Or. vol. i. p. 236); and at Cyprus, where (like Conon, since 405) Nikophemus had been living. ȧπélavov 'were put to death,' see iv. 1. 181.

38-9. πρὶν . . ἠδίκουν ‘before any one could arrive to hear 123 them proved guilty.' The ndikovv suggests embezzlement rather than treachery; but 11. 80-1 point to treachery.

41-3. áπédwкav the subject is the commanders who ordered the execution, and who would be well known to the hearers. For the outrage to Greek feeling in thus denying burial, see on v. 1. 680.

47-8. παρὰ τοὺς νόμους τοὺς ὑμετέρους ‘contrary to your laws.' The breach of the law was not in the children being deprived of a father's property which had been confiscated, but in the fact that the confiscation was carried out in the case of men who had had no trial (äкpiтoi).

50-1. Kηdeσтŵv see below, 1. 74. TpoLkós his sister's dowry, which, being included in the confiscation of Aristophanes' goods, was not available for the support of the children.

52. συκοφαντούμεθα ‘I am having vexatious charges brought against me. Fragm. 18, διασώζοντες τὰς τῶν φίλων οὐσίας συκοφαντοῦνται ὑπὸ τῶν ὀρφανῶν πολλοί.

8q.

54. ἐκ τοῦ δικαίου =

dikalus 'legally and honourably.'

57. Terpanλáσia the calculation will be found below, ll. 401

61-2. ἀλλ' ὅσοι sc. ἀλλὰ καταγινώσκετε ἀδικίαν τούτων ὅσοι K.T.A. For construction, see Goodwin, § 173, 2, note. ràs aloxí στας ἡδονὰς, see viii. ll. 82-3.

64-6. πρὸς δόξαν . kal σπáviv 'in view of an idea enter- 124 tained by some of the amount of Nikophemus' property, and in view of a scarcity of money now existing in the city.' Cf. Dem. 230, ἵνα πρὸς τὸν ὑπάρχοντα χρόνον ἕκαστα θεωρῆτε, in view of the existing circumstances.' σπάνιν ἀργυρίου, see infra, 1.

332.

68-9. καὶ τούτων ὑπαρχόντων ' even in these disadvantageous circumstances.' τὰ κατηγορημένα • the allegations made by the prosecution,' see on ii. 1. 145.

72. EvоρKÓтαTоV 'most strictly consistent with your oaths as dicasts.' See on vii. 1. 172.

74. ᾧ τρόπῳ . . ἐγένοντο ‘the circumstances of their becoming connections of mine.' Aristophanes being his brother-inlaw, the father of Aristophanes would also be his кndeσтns, see vi. 1. 4.

75-6. στρατηγῶν γὰρ Κόνων περὶ Πελοπόννησον. This probably refers to the spring of 393 B.C., when Conon, being then commander of the Greek contingent of the fleet collected by Pharnabazus, was engaged in ravaging the coast of Sparta, and when he appointed Nikophemus harmost of Cythera. Supra, 1. 37. Diodorus (xiv. 81) calls him 8 Tv Пlepov vavapxos, but this is no doubt inaccurate: Xenophon (Hell. 4, 3, 12) calls Pharnabazus ναύαρχος, and describes Conon as τὸ ̔Ελληνικὸν ἔχοντα.

Conon. We first hear of Conon as governor of Naupactus in B.C. 411 [Thuc. 7, 31, 4]. In B.C. 408-7, being at Athens, he was elected Strategus in conjunction with Alcibiades and Thrasybulus [Xen. Hell. 1, 4, 10]. In the autumn of 407 B.C. and spring of 406 B. C. he was doing excellent service among the islands of the Egean, and being blockaded at Mytilene escaped the fate of the other generals after Arginusæ [Xen. Hell. 1, 6-7]. In June of B.C. 405 he was still in the Ægean, and at Ægospotami, as we have seen [vi. 1. 33], managed to escape with seven or eight ships to Cyprus, where he was entertained by Evagoras. From that time till B. C. 397 he remained in retirement in Cyprus [οὐ τὴν ἀσφαλείαν ἀγαπῶν ἀλλὰ τὴν τῶν πραγ μáтwν μетаßonv_reρiμévwv, Plut. Artax. 21, see also Isocr. 5, $62, 9, 51-8]. During this time the Spartans had been often brought into collision with the Persians; the campaigns of