commission; but as a matter of fact (vûv dè) I only ask him to submit to established laws,-which are кowol, i.e. open to every one, whereas his new laws are his own creations, and not universally known even.

133-4, τὰς ἐκ τῶν κύρβεων καὶ τῶν 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 1. 25. R. C. Jebb. Att. Or. i. p. 225, note 3. κατὰ τὰς συγγραφάς '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 πολιτένεσθαι Αθηναίους κατὰ τὰ πάτρια, νόμοις δὲ χρῆσθαι τοῖς Σόλωνος . οἴσπερ ἐχρώμεθα ἐν τῷ πρόσθεν χρόνῳ. Rauchenstein objects (1) That no such written agreement was made, and that the reconciliation then brought about was spoken of as συνθῆκαι, ὁμολογίαι or διαλλαγαί ; (2) That συγγραφή is not the word usually employed for a treaty (Staatsveitrag), but more properly belongs to private contracts. He therefore concludes that the σvyypapai 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 σvyypapai exists; that he himself quotes an instance of the use of σvyyρaph 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. οἱ τὰ . . ἔθυον ‘who performed the sacrifices ordered by the tablets, and them only, ́i.e. those who lived before your revision.

149. δαπανᾶν ' to pay for.

Cf. Andoc. contra Alcib. § 42, τὰ προσταττόμενα δαπανω . ἀπὸ τῶν ἰδίων.

151. ἀναγράψας . προσταχθέντων ‘for having in your "copy" of the laws entered a larger number of sacrifices than were ordered before.'

154-6. αὐτίκα ‘for example. See x. 1. 298. πέρυσιν . γεγραμμένων last year there were sacrifices omitted to the value of three talents of those entered on the tablets as due.' τριῶν ταλάντων gen. of price or value.

158. πλείω . . ἓξ ταλάντοις 'more by six talents.' His allegation seems 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. av Teρleyévero 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 ', three. Boeckh, p. 212. Grote, ch. 66.

163. τὰς συγγραφὰς 1. 134.

166-68. OUTOS iepóovλos 'this sacrilegious fellow.' ὡς εὐσέβειαν . . ἀνέγραψε ' that the principle of his revision was piety, not cheapness.' kal el.. KEλeve and if you do not like 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 made 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. Borovs . . áπodoûvaɩ 'and the Bœotians 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 Greck Inscriptions, p. 123. The debt to the 'Boeotians' was probably for money advanced to Thrasybulus. σûλaɩ or σûλa is the ‘right of seizing goods.'

178. ἡ βουλὴ ἡ βουλεύουσα ' the Boule for the time being. 176

180-4. See on xi. 1. 66. τοῖς βουλεύουσιν ἑκάστοτε ‘those who happen at any particular occasion to be members of the Boulè.'

186-8. προσέχουσι . . ἀγωνιεῖται ‘all who wish to plunder the State are anxious to see how Nicomachus will fare on his trial.

190-2. Tiphonte sc. díêny 'assess,' followed by genitive of the amount of punishment assessed; here death, Tv éσxáτwv, cf. vi. 1. 418. See note in Grote, vol. iv. p. 292. elλnpótes toeode. Goodwin, § 118, 3, 'you will have taken.' Cf. on ii. 1. 138.

199-200. Tüv dolwv kal tŵv iepŵv see on 1. 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 bola that which relates to the ordinary duties of life. rà iepà that which relates to religious observances.

201-2. πολλοὺς ἤδη . . ἀπεκτείνατε. 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. ¿v tŵ πapóvrɩ 'for the time being.' v with dat. of time, see x. Il. 398, 412.

205. τῶν ἱερῶν δῶρα λαμβάνοντες ' making gain of the sacred 177 moneys.' Seems to refer to the daily pay that he was receiving, 1. 18.

210-11. ἀλλὰ ὅτε ὑμεῖς ἐκινδυνεύετε 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). avтoû sc. at home at Athens.

214. redwкev 'gave voluntarily.'

215-19. τοὺς προγόνους 1. 47. πεπράσθαι ' to be sold in the slave market.'

was when he had late
roypaμμaréws 'under
Nicomachus had held
made a commissioner

222-3. ἀντὶ μὲν δούλου κ.τ.λ. This in life been entered on a phratria, 1. 11. clerk,' the superior being ypaμuaTeús. this subordinate position before he was (voμoléтns). For a discussion of such officials, see Boeckh, p. 186 sq.

227-8. οἷοί περ .

TLOEVTES exactly in harmony with the 178 character of those who made them.' TIOÉVTES 1. 128. Tua

Hevóv 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. δὶς τὸν αὐτὸν τῇ ἀρχῇ τῇ αὐτῇ ' 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 inò TOÛ γραμματέως τοῦ κατὰ πρυτανείαν.

235. Kuρlovs 'competent to hold office.' Cf. iii. 1. 66.

237. katà tatépa 'on his father's side,' who was a public slave, 1. 10.

238-9. ὑπὲρ τοῦ δήμου ‘in behalf of the people. συγκατα λúσas palveraι 'notoriously helped to put down the Democracy.' See on ii. 1. 119.

245. ¿airnooμévov 'intend to beg him off.'

251. #poaιpeîola 'to choose deliberately,' 'to go out of their 179 way to save.'

258-61. σώζοντας 'trying to save. τιμωρεῖσθαι sc. προθύμος. ὅτι τούτοις πρώτοις . εἶναι 'that they (i.e. Nicomachus' friends) will be the first people to think better of you.'

269. KаTаTELρáσovres 'intending to tamper with and alter,' i.e. by bribes.

272-4. ἡμεῖς μὲν Telo Oval 'now we for our part, though entreated, refused to be bribed by them.' This seems the only sense to be got out of agioúpevo, but it is not satisfactory, nor can instances of this passive be found, I think. πεισθῆναι το be bribed. Cf. vi. 11. 364, 426.

274-7. τὸ δὲ . . ἀφανίζοντας 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 ας διαφθείρεσθαι in l. 231. ἐννόμως ‘in accordance with the spirit of the law.'

ORATION XVI. [32.]

[This speech, which Cobet (Varia 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 ἐπιτροπῆς οι μισθώσεως οἴκου (see 1. 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 :