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commission ; but as a matter of fact (vûv dd) I only ask him to submit to established laws,—which are kouvol, i.e. open to every one,—whereas his new laws are his own creations, and not universally known even.
133-4, τας εκ των κύρβεων και των στηλών “ those orders in the tablets and pillars. See on iv. 1. 103. In the second revising commission of 403 B.C., Nicomachus had to deal especially with the laws concerning religion. See l. 25. R. C. Jebb. Ait
. Or. i. p. 225, note 3. katà tàs o vyypapás 'according to the agreement,' i.e. made between the city party and the party of Peiræus.
This agreement is perhaps embodied in the Psephisma given by Andoc. Myst. § 83-4, in which, as an interim arrangement subject to the reforms of the revisers, it is ordered πολιτέυεσθαι Αθηναίους κατά τα πάτρια, νόμοις δε χρήσθαι τους Σόλωνος .. οίσπερ εχρώμεθα εν τω πρόσθεν χρόνω. Rauchen. stein objects—(1) That no such written agreement was made, and that the reconciliation then brought about was spoken of as συνθήκαι, ομολογίαι or διαλλαγαί ; (2) That συγγραφή is not the word usually employed for å treaty (Staatsveitrag), but more properly belongs to private contracts. He therefore concludes that the ouyypagal were the contracts with those who undertook to supply beasts for the sacrifices and the feasts. But in reply it may be urged that no evidence of these guyypadal exists; that he himself quotes an instance of the use of ourrpaoń for a ' public agreement in writing' (Thucyd. v. 35); and that as the question is one of legal observance of religious rites, the mention of such a contract seems singularly inappropriate. 137-8. ου τα .
Ovov 'who performed the sacrifices ordered by the tablets, and them only,' i.e. those who lived before your revision,
149. δαπανών “ to pay for.) Cf. Andoc. contra Alcib. § 42, τα προσταττόμενα δαπανώ.. από των ιδίων.
151. αναγράψας . προσταχθέντων “ for having in your
copy” of the laws entered a larger number of sacrifices than were ordered before.'
154-6. αυτίκα “for example. See x. 1. 298. πέρυσιν yeypappévwv 'last year there were sacrifices omitted to the value of three talents of those entered on the tablets as due.' Tpc@v talávtwv gen. of price or value.
158. πλείω . Talávtous more by six talents.' His ·alley tion ms to be that the sacrifices, according to the new
Revision,' amounted to nine talents, whereas those ordered by the unrevised tablets would have cost only three. As it was, these immemorial rites were omitted, and a loss inflicted on the State at the same time. The speaker had proposed to revert to the unrevised tablets, which proposal Nicomachus had made a ground of accusation against him, as though he detracted from religious ordinances.
160. dv Trepleyévero there would have been a balance of three 175 talents in favour of the State. But it should be six talents. He says the original sacrifices ordered by Solon's laws were to cost three talents, and those by Nicomachus' revision were six talents in excess (cf. 1. 170); therefore the saving to the State by, reverting to the old arrangement would be six not three talents. The symbol for six, s', may have been mistaken for y', three, Boeckh, p. 212. Grote, ch. 66.
163. τάς συγγραφάς 1. 134. 166-68. ούτος ο ιερόσυλος - this sacrilegious fellow.' ως ευσέβειαν .. ανέγραψε “ that the principle of his revision was piety, not cheapness.'
κελεύει “and if you do not sike them he bids you have them obliterated.' For the control to be exercised over this revision, see Grote, vol. viii. p. 98. Andoc. Myst. 8, 5. They had to be approved by the Boulè and the 500 Nomothetæ, and every private citizen was to have the power of entering the Boulè and giving his opinion for or against them.
174-7. Λακεδαιμονίους .. χρήματα. The money which the Lacedæmonians were demanding was the loan inade to the Thirty by the influence of Lysander of 100 talents. See vi. 1. 405. Xen. Hell. 2, 4, 28. Grote, vol. viii. p. 106. Demosth. Lept. 460. Βοιωτούς.. αποδούναι “and the Baotians making reprisals upon us because we could not pay them two talents. Observe that ‘Boeotians' are spoken of, not 'Thebans,' because Thebes was now supreme in Boeotia, and until the peace of Antalcidas (B.C. 387). See Hicks' Manual of Greek Inscriptions, p. 123. The debt to the 'Baotians' was probably for money advanced to Thrasybulus. ollal or oüla is the right of seizing goods.'
178, o Boulo) i Bouleuovo a 'the Boulè for the time being.' 176 180-4. See on xi. 1. 66. τους βουλεύουσιν εκάστοτε those who happen at any particular occasion to be members of the Boule.'
186-8. προσέχουσι .. αγωνιείται “all who wish to plunder the State are anxious to see how Nicomachus will fare on his trial.
190-2. Tiphonte sc. Olknu 'assess,' followed by genitive of the amount of punishment assessed ; here death, Twv coxdtwr, cf. vi. 1. 418. See note in Grote, vol. iv. p. 292. elnpótes to co 0e. Goodwin, § 118, 3, ‘you will have taken.' Cf. on ii. 1. 138.
199-200. Tôv og lav Kal twv iepôv see on l. 133 for the two commissions referred to ; though we must remember that it was only Nicomachus' duty that was confined to the religious laws. rà sola that which relates to the ordinary duties of life. Tà lepà that which relates to religious observances.
201-2. πολλούς ήδη .. απεκτείνατε. The frequency of conviction for peculation among public men at Athens has been commented on by Boeckh, p. 194 sq., who quotes Polybius (vi. 56), “but if in Greece the State entrusts to any one only a talent, and if it has ten checking clerks, and as many seals and twice as many witnesses, it cannot ensure his honesty.'
204. év tý napóvrt 'for the time being.' év with dat. of time, see x. Il. 398, 412.
205. των ιερών δώρα λαμβάνοντες making gain of the sacred 177 moneys.' Seems to refer to the daily pay that he was receiving, 1. 18.
210-11. αλλά ότε υμείς εκινδυνεύετε that is, in the period from 411 to 404, in which there were battles fought at Cynossema (411), Cyzicus (410), Notium (407), Arginusae (406), Ægospotami (405). aútoù sc. at home at Athens.
214. &&&WKEV 'gave voluntarily.'
215-19. τους προγόνους 1. 47. πεπράσθαι “ to be sold in the slave market.'
222-3. αντί μεν δούλου κ.τ.λ. This was when he had late in life been entered on a phratria, l. 11. únoypappattws under clerk,' the superior being ypapuateus. Nicomachus had held this subordinate position before he was made a commissioner (vomoőérns). For à discussion of such officials, see Boeckh, p.
227-8. olol trep Tibevres exactly in harmony with the 178 character of those who made them.' TIBÉVTES 1. 128. Twa.
Levóv Tisamenus was the author of the Psephisma quoted before as establishing this commission in B.C. 403. Andoc. de Myst. 83.
231. διαφθείρεσθαι are degraded.'
233. δις τον αυτόν τη αρχή τη αυτή the same man may not be under-clerk twice in the same year' (the same archonship). The clerk of the Prytanes seems to have changed with each Prytany. Demosth. Tim. 720, where in a law we have İTO TOû γραμματέως του κατά πρυτανείαν. .
235. Kuplovs 'competent to hold office.' Cf. ii. 1. 66.
237. Karà tatépa 'on his father's side,' who was a public slave, 1. 10.
238-9. υπέρ του δήμου “in behalf of the people.', συγκαταlúoas palveral 'notoriously helped to put down the Democracy.' See on ii. 1. 119.
245. ltaltncoubywy •intend to beg him off.'
251. mpoacpeîoda'to choose deliberately,' to go out of their 179 way to save.'
258-61. σώζοντας trying to save.’ τιμωρείσθαι SC, προθύμος. ST! TOÚTOLS TTPÁTous . . elval 'that they (i.e. Nicomachus' friends) will be the first people to think better of you.'
269. kata telpácortes'intending to tamper with and alter,' i.e. by bribes.
272-4. ημείς μεν .. πεισθήναι now we for our part, though entreated, refused to be bribed by them.' This seems the only sense to be got out of afloýuevot, but it is not satisfactory, nor can instances of this passive be found, I think. TTELO Ofvai to be bribed. Cf. vi. ll. 364, 426.
274-7. το δε .. αφανίζοντας “ and we call on you to do the same, and not to confine yourselves to hating disloyalty before it is brought to trial, but in the trial itself to punish those who dishonour and degrade your legislation.' For Dinomachus was νομοθέτης, and as such degraded the office. αφανίζοντας as διαφθείρεσθαι in 1. 231. εννόμως in accordance with the spirit of the law.'
ORATION XVI. [32.] [This speech, which Cobet (Varice Lect. p. 68) calls eximia oratio, is unfortunately incomplete. Such as it is, it is preserved for us by Dionysius Halicarnassus, who prefixed to it the following hypothesis :
Diodotus, one of those who were enrolled for service under Thrasylus in the Peloponnesian War, being about to sail to Asia, in the archonship of Glaukippus (B.c. 410-9), and having infant children, made a will, wherein he appointed as their guardian his own brother, Diogeiton, who was moreover both uncle and maternal grandfather of the infants.
Now, he himself fell in battle at Ephesus ; whereupon Diogeiton, having taken the management of all the property of the orphans, and having from a very large sum of money produced nothing, is accused by one of the youths when he came of age of maladministration of his guardianship.
The actual prosecutor in the suit against him is the husband of the woman, who is the defendant's niece and the sister of the young men.
The title of such a suit was δίκη επιτροπής Or μισθώσεως οίκου (see l. 195). The date of it may be closely approximated to. Diodotus was killed at Ephesus probably in B.C. 408 (1. 54). The guardianship lasted eight years (1. 65). The trial probably came on within a year of its close, i.e. 400-399 B.C.
There is some little difficulty as to the accounts presented in the speech, but the general charge is that Diogeiton received a large sum of money in trust for the children and the widow; that he defrauded the widow out of part of the money assigned to her; and at the coming of age of the elder boy-first, declared that the father had left nothing but the insignificant sum which he gave his wife for immediate expenses ; next, when pressed, owned to a larger sum (though smaller than what was the truth), but showed by a debtor and creditor account that he had spent more upon the children than he had received ; thirdly, that he had not taken proper measures for making the best of the estate ; lastly, that his accounts were ill kept, 'cooked,' and containing extravagant charges.
The two accounts of Diodotus' property,—the speaker's and the defendant's, -are these :1
1 Professor Jebb (Attic Orators, vol. i. p. 298) reckons it at 15 talents 20 minæ, which must be arrived at in this way : Deposit
5 talents 0 minæ
6 20 0
15 talents 26 minæ.