[433] Xenoph. Hellen. ii, 4, 23.

[434] Lysias, Orat. xii, cont. Eratosth. sects. 55, 56: οἱ δοκοῦντες εἶναι ἐναντιώτατοι Χαρικλεῖ καὶ Κριτίᾳ καὶ τῇ τούτων ἑταιρείᾳ, etc.

[435] The facts which I have here set down, result from a comparison of Lysias, Orat. xii, cont. Eratosth. sects. 53, 59, 94: Φείδων, αἱρεθεὶς ὑμᾶς διαλλάξαι καὶ καταγαγεῖν. Diodor. xiv, 32; Justin, v, 9.

[436] Isokratês, Or. xviii, cont. Kallimach. s. 25.

[437] Xenoph. Hellen. ii, 4, 24, 28.

[438] Xenoph. Hellen. ii, 4, 25.

[439] Plutarch, Vit. x, Orator, p. 835; Lysias, Or. xxxi, cont. Philon. sects. 19-34.

Lysias and his brother had carried on a manufactory of shields at Athens. The Thirty had plundered it; but some of the stock probably escaped.

[440] Demosth. cont. Leptin. c. 32, p. 502; Lysias cont. Nikomach. Or. xxx, s. 29.

[441] Xenoph. Hellen. ii, 4, 27.

[442] Xenoph. Hellen. ii, 4, 28; Diodor. xiv, 33; Lysias, Orat. xii, cont. Eratosth. s. 60.

[443] Xenoph. Hellen. ii, 4, 29. Οὕτω δὲ προχωρούντων, Παυσανίας ὁ βασιλεὺς, φθονήσας Λυσάνδρῳ, εἰ κατειργασμένος ταῦτα ἅμα μὲν εὐδοκιμήσοι, ἅμα δὲ ἰδίας ποιήσοιτο τὰς Ἀθήνας, πείσας τῶν Ἐφόρων τρεῖς, ἐξάγει φρουράν.

Diodor. xiv, 33. Παυσανίας δὲ..., φθονῶν μὲν τῷ Λυσάνδρῳ, θεωρῶν δὲ τὴν Σπάρτην ἀδοξοῦσαν παρὰ τοῖς Ἕλλησι, etc.

Plutarch, Lysand. c. 21.

[444] Xenoph. Hellen. v, 2, 3.

[445] Xenoph. Hellen. ii, 4, 30.

[446] Lysias, Or. xviii, De Bonis Niciæ Frat. sects. 8-10.

[447] Lysias, ut sup. sects. 11, 12. ὅθεν Παυσανίας ἤρξατο εὔνους εἶναι τῷ δήμῳ, παράδειγμα ποιούμενος πρὸς τοὺς ἄλλους Λακεδαιμονίους τὰς ἡμετέρας συμφορὰς τῆς τῶν τριάκοντα πονηρίας....

Οὕτω δ᾽ ἠλεούμεθα, καὶ πᾶσι δεινὰ ἐδοκοῦμεν πεπονθέναι, ὥστε Παυσανίας τὰ μὲν παρὰ τῶν τριάκοντα ξένια οὐκ ἠθέλησε λαβεῖν, τὰ δὲ παρ᾽ ἡμῶν ἐδέξατο.

[448] Xenoph. Hellen. ii, 4, 31. This seems the meaning of the phrase ἀπιέναι ἐπὶ τὰ ἑαυτῶν; as we may see by s. 38.

[449] Xenoph. Hellen. ii, 4, 31-34.

[450] Xenoph. Hellen. ii, 4, 35. Διΐστη δὲ καὶ τοὺς ἐν τῷ ἄστει (Pausanias) καὶ ἐκέλευε πρὸς σφᾶς προσιέναι ὡς πλείστους ξυλλεγομένους, λέγοντας, etc.

[451] Xenoph. Hellen. ii, 4, 39; Diodor. xiv, 33.

[452] Xenoph. Hellen. ii, 4, 40-42.

[453] Xenoph. Hellen. ii, 4, 43; Justin, v, 11. I do not comprehend the allusion in Lysias, Orat. xxv, Δημ. Καταλ. Ἀπολ. sect. 11: εἰσὶ δὲ οἵτινες τῶν Ἐλευσῖνάδε ἀπογραψαμένων, ἐξελθόντες μεθ᾽ ὑμῶν, ἐπολιορκοῦντο μετ᾽ αὐτῶν.

[454] Thucyd. i, 97.

[455] See vol. v, of this History, ch. xlv, p 343.

[456] See vol. vi, ch. lii, p. 353 of this History.

[457] This I apprehend to have been in the mind of Xenophon, De Reditibus, v, 6. Ἔπειτ᾽, ἐπεὶ ὠμῶς ἄγαν δόξασα προστατεύειν ἡ πόλις ἐστερήθη τῆς ἀρχῆς, etc.

[458] Thucyd. viii, 48.

[459] “I confess, gentlemen, that this appears to me as bad in the principle, and far worse in the consequences, than an universal suspension of the Habeas Corpus Act.... Far from softening the features of such a principle, and thereby removing any part of the popular odium or natural terrors attending it, I should be sorry that anything framed in contradiction to the spirit of our constitution did not instantly produce, in fact, the grossest of the evils with which it was pregnant in its nature. It is by lying dormant a long time, or being at first very rarely exercised, that arbitrary power steals upon a people. On the next unconstitutional act, all the fashionable world will be ready to say: Your prophecies are ridiculous, your fears are vain; you see how little of the misfortunes which you formerly foreboded is come to pass. Thus, by degrees, that artful softening of all arbitrary power, the alleged infrequency or narrow extent of its operation, will be received as a sort of aphorism; and Mr. Hume will not be singular in telling us that the felicity of mankind is no more disturbed by it, than by earthquakes or thunder, or the other more unusual accidents of nature.” (Burke, Letter to the Sheriffs of Bristol, 1777: Burke’s Works, vol. iii, pp. 146-150 oct. edit.)

[460] Aristot. Polit. v, 7, 19. Καὶ τῷ δήμῳ κακόνους ἔσομαι, καὶ βουλεύσω ὅ,τι ἂν ἔχω κακόν.

The complimentary epitaph upon the Thirty, cited in the Schol. on Æschinês,—praising them as having curbed, for a short time, the insolence of the accursed Demos of Athens,—is in the same spirit: see K. F. Hermann, Staats-Alterthümer der Griechen, s. 70, note 9.

[461] Plato, Epistol. vii, p. 324. Καὶ ὁρῶν δή που τοὺς ἄνδρας ἐν χρόνῳ ὀλίγῳ χρυσὸν ἀποδείξαντας τὴν ἔμπροσθεν πολιτείαν, etc.

[462] Andokidês de Mysteriis, s. 90.

[463] All this may be collected from various passages of the Orat. xii, of Lysias. Eratosthenês did not stand alone on his trial, but in conjunction with other colleagues; though of course, pursuant to the psephism of Kannônus, the vote of the dikasts would be taken about each separately: ἀλλὰ παρὰ Ἐρατοσθένους καὶ τῶν τουτουῒ συναρχόντων δίκην λαμβάνειν.... μηδ᾽ ἀποῦσι μὲν τοῖς τριάκοντα ἐπιβουλεύετε, παρόντας δ᾽ ἀφῆτε· μηδὲ τῆς τύχης, ἣ τούτους παρέδωκε τῇ πόλει, κάκιον ὑμῖν αὐτοῖς βοηθήσητε (sects. 80, 81): compare s. 36.

The number of friends prepared to back the defence of Eratosthenês, and to obtain his acquittal, chiefly by representing that he had done the least mischief of all the Thirty; that all that he had done had been under fear of his own life; that he had been the partisan and supporter of Theramenês, whose memory was at that time popular, may be seen in sections 51, 56, 65, 87, 88, 91.

There are evidences also of other accusations brought against the Thirty before the senate of Areopagus (Lysias, Or. xi, cont. Theomnest. A. s. 31, B. s. 12).

[464] Lysias, Or. xii, cont. Eratosth. s. 36.

[465] Demosth. adv. Bœotum de Dote Matern. c. 6, p. 1018.

[466] Dionys. Hal. Jud. de Lysiâ, c. 32, p. 526; Lysias, Orat. xxxiv, Bekk.

[467] Xenoph. Hellen. ii, 4, 41.

[468] Xenoph. Memor. iii, 5, 19.

[469] Andokidês de Mysteriis, s. 83. Ὁπόσων δ᾽ ἂν προσδέῃ (νόμων), οἵδε ᾑρημένοι νομοθέται ὑπὸ τῆς βουλῆς ἀναγράφοντες ἐν σάνισιν ἐκτιθέντων πρὸς τοὺς ἐπωνύμους, σκοπεῖν τῷ βουλομένῳ, καὶ παραδιδόντων ταῖς ἀρχαῖς ἐν τῷδε τῷ μηνί. Τοὺς δὲ παραδιδομένους νόμους δοκιμασάτω πρότερον ἡ βουλὴ καὶ οἱ νομοθέται οἱ πεντακόσιοι, οὓς οἱ δημόται εἵλοντο, ἐπειδὴ ὀμωμόκασιν.

Putting together the two sentences in which the nomothetæ are here mentioned, Reiske and F. A. Wolf (Prolegom. ad Demosthen. cont. Leptin. p. cxxix), think that there were two classes of nomothetæ; one class chosen by the senate, the other by the people. This appears to me very improbable. The persons chosen by the senate were invested with no final or decisive function whatever; they were simply chosen to consider what new propositions were fit to be submitted for discussion, and to provide that such propositions should be publicly made known. Now any persons simply invested with this character of a preliminary committee, would not, in my judgment, be called nomothetæ. The reason why the persons here mentioned were so called, was, that they were a portion of the five hundred nomothetæ, in whom the power of peremptory decision ultimately rested. A small committee would naturally be intrusted with this preliminary duty; and the members of that small committee were to be chosen by one of the bodies with whom ultimate decision rested, but chosen out of the other.

[470] Andokidês de Mysteriis, sections 81-85.

[471] Andokidês de Myster. s. 87. ψήφισμα δὲ μηδὲν μήτε βουλῆς μήτε δήμου (νόμου), κυριώτερον εἶναι.

It seems that the word νόμου ought properly to be inserted here: see Demosth. cont. Aristokrat. c. 23, p. 649.

Compare a similar use of the phrase, μηδὲν κυριώτερον εἶναι, in Demosthen. cont. Lakrit. c. 9, p. 937.

[472] Andokidês de Myster. s. 87. We see (from Demosthen. cont. Timokrat. c. 15, p. 718) that Andokidês has not cited the law fully. He has omitted the words, ὁπόσα δ᾽ ἐπὶ τῶν τριάκοντα ἐπράχθη, ἢ ἰδίᾳ ἢ δημοσίᾳ, ἄκυρα εἶναι, these words not having any material connection with the point at which he was aiming. Compare Æschinês cont. Timarch. c. 9, p. 25, καὶ ἔστω ταῦτα ἄκυρα, ὥσπερ τὰ ἐπὶ τῶν τριάκοντα, ἢ τὰ πρὸ Εὐκλείδου, ἢ εἴ τις ἄλλη πώποτε τοιαύτη ἐγένετο προθεσμία....

Tisamenus is probably the same person of whom Lysias speaks contemptuously, Or. xxx, cont. Nikomach. s. 36.

Meier (De Bonis Damnatorum, p. 71) thinks that there is a contradiction between the decree proposed by Tisamenus (Andok. de Myst. s. 83), and another decree proposed by Dioklês, cited in the Oration of Demosth. cont. Timokr. c. 11, p. 713. But there is no real contradiction between the two, and the only semblance of contradiction that is to be found, arises from the fact that the law of Dioklês is not correctly given as it now stands. It ought to be read thus:—

Διοκλῆς εἶπε, Τοὺς νόμους τοὺς πρὸ Εὐκλείδου τεθέντας ἐν δημοκρατίᾳ, καὶ ὅσοι ἐπ᾽ Εὐκλείδου ἐτέθησαν, καὶ εἰσὶν ἀναγεγραμμένοι, [ἀπ᾽ Εὐκλείδου] κυρίους εἶναι· τοὺς δὲ μετ᾽ Εὐκλείδην τεθέντας καὶ τολοιπὸν τιθεμένους κυρίους εἶναι ἀπὸ τῆς ἡμέρας ἧς ἕκαστος ἐτέθη, πλὴν εἴ τῳ προσγέγραπται χρόνος ὅντινα δεῖ ἄρχειν. Ἐπιγράψαι δὲ, τοῖς μὲν νῦν κειμένοις, τὸν γραμματέα τῆς βουλῆς, τριάκοντα ἡμερῶν· τὸ δὲ λοιπὸν, ὃς ἂν τυγχάνῃ γραμματεύων, προσγραφέτω παραχρῆμα τὸν νόμον κύριον εἶναι ἀπὸ τῆς ἡμέρας ἧς ἐτέθη.

The words ἀπ᾽ Εὐκλείδου, which stand between brackets in the second line, are inserted on my own conjecture; and I venture to think that any one who will read the whole law through, and the comments of the orator upon it, will see that they are imperatively required to make the sense complete. The entire scope and purpose of the law is, to regulate clearly the time from which each law shall begin to be valid.

As the first part of the law reads now, without these words, it has no pertinence, no bearing on the main purpose contemplated by Dioklês in the second part, nor on the reasonings of Demosthenês afterwards. It is easy to understand how the words ἀπ᾽ Εὐκλείδου should have dropped out, seeing that ἐπ᾽ Εὐκλείδου immediately precedes: another error has been in fact introduced, by putting ἀπ᾽ Εὐκλείδου in the former case instead of ἐπ᾽ Εὐκλείδου, which error has been corrected by various recent editors, on the authority of some MSS.

The law of Dioklês, when properly read, fully harmonizes with that of Tisamenus. Meier wonders that there is no mention made of the δοκιμασία νόμων by the nomothetæ, which is prescribed in the decree of Tisamenus. But it was not necessary to mention this expressly, since the words ὅσοι εἰσὶν ἀναγεγραμμένοι presuppose the foregone δοκιμασία.

[473] Andokidês de Mysteriis, s. 91. καὶ οὐ δέξομαι ἔνδειξιν οὐδὲ ἀπαγωγὴν ἕνεκα τῶν πρότερον γεγενημένων, πλὴν τῶν φευγόντων.

[474] Andokid. de Mysteriis, s. 91. καὶ οὐ μνησικακήσω, οὐδὲ ἄλλῳ (sc. ἄλλῳ μνησικακοῦντι) πείσομαι, ψηφιοῦμαι δὲ κατὰ τοὺς κειμένους νόμους.

This clause does not appear as part of the Heliastic oath given in Demosthen. cont. Timokrat. c. 36, p. 746. It was extremely significant and valuable for the few years immediately succeeding the renovation of the democracy. But its value was essentially temporary, and it was doubtless dropped within twenty or thirty years after the period to which it specially applied.

[475] The Orat. xviii, of Isokratês, Paragraphê cont. Kallimachum, informs us on these points, especially sections 1-4.

Kallimachus had entered an action against the client of Isokratês for ten thousand drachmæ (sects. 15-17), charging him as an accomplice of Patroklês,—the king-archon under the Ten, who immediately succeeded the Thirty, prior to the return of the exiles,—in seizing and confiscating a sum of money belonging to Kallimachus. The latter, in commencing this action, was under the necessity of paying the fees called prytaneia; a sum proportional to what was claimed, and amounting to thirty drachmæ, when the sum claimed was between one thousand and ten thousand drachmæ. Suppose that action had gone to trial directly, Kallimachus, if he lost his cause, would have to forfeit his prytaneia, but he would forfeit no more. Now according to the paragraphê permitted by the law of Archinus, the defendant is allowed to make oath that the action against him is founded upon a fact prior to the archonship of Eukleidês; and a cause is then tried first, upon that special issue, upon which the defendant is allowed to speak first, before the plaintiff. If the verdict, on this special issue, is given in favor of the defendant, the plaintiff is not only disabled from proceeding further with his action, but is condemned besides to pay to the defendant the forfeit called epobely: that is, one-sixth part of the sum claimed. But if, on the contrary, the verdict on the special issue be in favor of the plaintiff, he is held entitled to proceed farther with his original action, and to receive besides at once, from the defendant, the like forfeit or epobely. Information on these regulations of procedure in the Attic dikasteries may be found in Meier and Schömann, Attischer Prozess, p. 647; Platner, Prozess und Klagen, vol. i, pp. 156-162.

[476] Wachsmuth—who admits into his work, with little or no criticism, everything which has ever been said against the Athenian people, and indeed against the Greeks generally—affirms, contrary to all evidence and probability, that the amnesty was not really observed at Athens. (Wachsm. Hellen. Alterth. ch. ix. sect. 71, vol. ii, p. 267.)

The simple and distinct words of Xenophon, coming as they do from the mouth of so very hostile a witness, are sufficient to refute him: καὶ ὀμόσαντες ὅρκους ἦ μὴν μὴ μνησικακήσειν, ἔτι καὶ νῦν ὁμοῦ γε πολιτεύονται, καὶ τοῖς ὅρκοις ἐμμένει ὁ δῆμος, (Hellen. ii, 4, 43).

The passages to which Wachsmuth makes reference, do not in the least establish his point. Even if actions at law or accusations had been brought, in violation of the amnesty, this would not prove that the people violated it; unless we also knew that the dikastery had affirmed those actions. But he does not refer to any actions or accusations preferred on any such ground. He only notices some cases in which, accusation being preferred on grounds subsequent to Eukleidês, the accuser makes allusion in his speech to other matters anterior to Eukleidês. Now every speaker before the Athenian dikastery thinks himself entitled to call up before the dikasts the whole past life of his opponent, in the way of analogous evidence going to attest the general character of the latter, good or bad. For example, the accuser of Sokratês mentions, as a point going to impeach the general character of Sokratês, that he had been the teacher of Kritias; while the philosopher, in his defence, alludes to his own resolution and virtue as prytanis in the assembly by which the generals were condemned after the battle of Arginusæ. Both these allusions come out as evidences to general character.

[477] Xenoph. Hellen. ii, 4, 9.

[478] Xenoph. Hellen. ii, 4, 1. ἦγον δὲ ἐκ τῶν χωρίων (οἱ τριάκοντα) ἵν᾽ αὐτοὶ καὶ οἱ φίλοι τοὺς τούτων ἀγροὺς ἔχοιεν.

[479] Isokratês cont. Kallimach. Or. xviii, sect. 30.

Θρασύβουλος μὲν καὶ Ἄνυτος, μέγιστον μὲν δυνάμενοι τῶν ἐν τῇ πόλει, πολλῶν δ᾽ ἀπεστερημένοι χρημάτων, εἰδότες δὲ τοὺς ἀπογράψαντας, ὅμως οὐ τολμῶσιν αὐτοῖς δίκας λαγχάνειν οὐδὲ μνησικακεῖν, ἀλλ᾽ εἰ καὶ περὶ τῶν ἄλλων μᾶλλον ἑτέρων δύνανται διαπράττεσθαι, ἀλλ᾽ οὖν περί γε τῶν ἐν ταῖς συνθήκαις ἶσον ἔχειν τοῖς ἄλλοις ἀξιοῦσιν.

On the other hand, the young Alkibiadês (in the Orat. xvi, of Isokratês, De Bigis, sect. 56) is made to talk about others recovering their property: τῶν ἄλλων κομιζομένων τὰς οὐσίας. My statement in the text reconciles these two. The young Alkibiadês goes on to state that the people had passed a vote to grant compensation to him for the confiscation of his father’s property, but that the power of his enemies had disappointed him of it. We may well doubt whether such vote ever really passed.

It appears, however, that Batrachus, one of the chief informers who brought in victims for the Thirty, thought it prudent to live afterwards out of Attica (Lysias cont. Andokid. Or. vi, sect. 46), though he would have been legally protected by the amnesty.

[480] Andokidês de Mysteriis, sect. 94. Μέλητος δ᾽ αὖ οὑτοσὶ ἀπήγαγεν ἐπὶ τῶν τριάκοντα Λέοντα, ὡς ὑμεῖς ἅπαντες ἴστε, καὶ ἀπέθανεν ἐκεῖνος ἄκριτος.... Μέλητον τοίνυν τοῖς παισὶ τοῖς τοῦ Λέοντος οὐκ ἔστι φόνου διώκειν, ὅτι τοῖς νόμοις δεῖ χρῆσθαι ἀπ᾽ Εὐκλείδου ἄρχοντος· ἐπεὶ ὥς γε οὐκ ἀπήγαγεν, οὐδ᾽ αὐτὸς ἀντιλέγει.

[481] Thucyd. vi, 39. δῆμον, ξύμπαν ὠνομάσθαι, ὀλιγαρχίαν δὲ, μέρος.

[482] Æschylus, Sept. ad Thebas, v, 1047.

Τραχύς γε μέντοι δῆμος ἐκφυγὼν κακά.

[483] Thucyd. viii, 97.

[484] Andokidês de Mysteriis, sect. 88. Τὰς μὲν δίκας, ὦ ἄνδρες, καὶ τὰς διαίτας ἐποιήσατε κυρίας εἶναι, ὁπόσαι ἐν δημοκρατουμένῃ τῇ πόλει ἐγένοντο, ὅπως μήτε χρεῶν ἀποκοπαὶ εἶεν μήτε δίκαι ἀνάδικοι γένοιντο, ἀλλὰ τῶν ἰδίων συμβολαίων αἱ πράξεις εἶεν.

[485] Isokratês, Areopagit. Or. vii, sect. 77; Demosth. cont. Leptin. c. 5, p. 460.

[486] Lysias pro Mantitheo, Or. xvi, sects. 6-8. I accept substantially the explanation which Harpokration and Photius give of the word κατάστασις, in spite of the objections taken to it by M. Boeckh, which appear to me not founded upon any adequate ground. I cannot but think that Reiske is right in distinguishing κατάστασις from the pay, μισθὸς.

See Boeckh, Public Economy of Athens, b. ii, sect. 19, p. 250. In the Appendix to this work, which is not translated into English along with the work itself, he farther gives the Fragment of an inscription, which he considers to bear upon this resumption of κατάστασις from the horsemen, or knights, after the Thirty. But the Fragment is so very imperfect, that nothing can be affirmed with any certainty concerning it: see the Staatshaush. der Athener, Appendix, vol. ii, pp. 207, 208.

[487] Xenoph. Hellen. iii, 1, 4.

[488] Lysias, Or. xvi, pro Mantitheo, sects. 9, 10; Lysias, cont. Evandr. Or. xxvi, sects. 21-25.

We see from this latter oration (sect. 26) that Thrasybulus helped some of the chief persons, who had been in the city, and had resisted the return of the exiles, to get over the difficulties of the dokimasy, or examination into character, previously to being admitted to take possession of any office, to which a man had been either elected or drawn by lot, in after years. He spoke in favor of Evander, in order that the latter might be accepted as king-archon.

[489] I presume confidently that Tisamenus the scribe, mentioned in Lysias cont. Nikomach. sect. 37, is the same person as Tisamenus named in Andokidês de Mysteriis (sect. 83) as the proposer of the memorable psephism.

[490] See M. Boeckh’s Public Economy of Athens, b. ii, c. 8, p. 186, Eng. Tr., for a summary of all that is known respecting these γραμματεῖς, or secretaries.

The expression in Lysias cont. Nikomach. sect. 38, ὅτι ὑπογραμματεῦσαι οὐκ ἔξεστι δὶς τὸν αὐτὸν τῇ ἀρχῇ τῇ αὐτῇ, is correctly explained by M. Boeckh as having a very restricted meaning, and as only applying to two successive years. And I think we may doubt whether, in practice, it was rigidly adhered to; though it is possible to suppose that these secretaries alternated, among themselves, from one board or office to another. Their great usefulness consisted in the fact that they were constantly in the service, and thus kept up the continuous march of the details.

[491] Lysias, Or. xxx, cont. Nikomach. sect. 32.

[492] Lysias, Or. xxx, cont. Nikomach. sect. 33. Wachsmuth calls him erroneously antigrapheus instead of anagrapheus (Hellen. Alterth. vol. ii, ix, p. 269).

It seems by Orat. vii, of Lysias (sects. 20, 36, 39) that Nikomachus was at enmity with various persons who employed Lysias as their logograph, or speech-writer.

[493] Lysias, Or. x, cont. Theomnest. A. sects. 16-20.

[494] See Taylor, Vit. Lysiæ, pp. 53, 54; Franz, Element Epigraphicê Græc. Introd. pp. 18-24.

[495] Lysias cont. Nikom. sect. 3. His employment had lasted six years altogether: four years before the Thirty, two years after them, sect. 7. At least this seems the sense of the orator.

[496] I presume this to be the sense of sect. 21 of the Oration of Lysias against him: εἰ μὲν νόμους ἐτίθην περὶ τῆς ἀναγραφῆς, etc.; also sects. 33-45: παρακαλοῦμεν ἐν τῇ κρίσει τιμωρεῖσθαι τοὺς τὴν ὑμετέραν νομοθεσίαν ἀφανίζοντας, etc.

The tenor of the oration, however, is unfortunately obscure.

[497] Isæus, Or. viii, De Kiron. Sort. sect. 61; Demosthen. cont. Eubulid. c. 10, p. 1307.

[498] Plutarch, Vit. x, Orat. (Lysias) p. 836; Taylor, Vit. Lysiæ, p. 53.

[499] See respecting this change Boeckh, Public Econ. of Athens, ii, 7, p. 180, seq., Eng. Tr.

[500] Lysias, Fragm. Or. xxxiv, De non dissolvendâ Republicâ, sect. 3: ἀλλὰ καὶ Εὐβοεῦσιν ἐπιγαμίαν ἐποιούμεθα, etc.

[501] Æschinês, cont. Ktesiphon. c. 62, p. 437; Cornel. Nepos, Thrasybul. c. 4.

[502] Xenoph. Hellen. i, 3, 12. τόν τε κοινὸν ὅρκον καὶ ἰδίᾳ ἀλλήλοις πίστεις ἐποιοῦντο.

[503] Xenoph. Hellen. i, 4, 7.

[504] Xenoph. Anab. i, 1; Diodor. xiii, 108.

[505] Xenoph. Hellen. ii, 3, 42; Isokratês, Or. xvi, De Bigis, s. 46.

[506] I put together what seems to me the most probable account of the death of Alkibiadês from Plutarch, Alkib. c. 38, 39; Diodorus, xiv, 11 (who cites Ephorus, compare Ephor. Fragm. 126, ed. Didot); Cornelius Nepos, Alkibiad. c. 10; Justin, v, 8; Isokratês, Or. xvi, De Bigis, s. 50.

There were evidently different stories, about the antecedent causes and circumstances, among which a selection must be made. The extreme perfidy ascribed by Ephorus to Pharnabazus appears to me not at all in the character of that satrap.

[507] Cornelius Nepos says (Alcib. c. 11) of Alkibiadês: “Hunc infamatum a plerisque tres gravissimi historici summis laudibus extulerunt: Thucydides, qui ejusdem ætatis fuit; Theopompus, qui fuit post aliquando natus, et Timæus: qui quidem duo maledicentissimi, nescio quo modo, in illo uno laudando conscierunt.”

We have no means of appreciating what was said by Theopompus and Timæus. But as to Thucydidês, it is to be recollected that he extols only the capacity and warlike enterprise of Alkibiadês, nothing beyond; and he had good reason for doing so. His picture of the dispositions and conduct of Alkibiadês is the reverse of eulogy.

The Oration xvi, of Isokratês, De Bigis, spoken by the son of Alkibiadês, goes into a labored panegyric of his father’s character, but is prodigiously inaccurate, if we compare it with the facts stated in Thucydidês and Xenophon. But he is justified in saying: οὐδέποτε τοῦ πατρὸς ἡγουμένου τρόπαιον ὑμῶν ἔστησαν οἱ πολέμιοι (s. 23).

[508] The Œdipus Tyrannus of Sophoklês was surpassed by the rival composition of Philoklês. The Medea of Euripidês stood only third for the prize; Euphorion, son of Æschylus, being first, Sophoklês second. Yet these two tragedies are the masterpieces now remaining of Sophoklês and Euripidês.

[509] The careful examination of Welcker (Griech. Tragödie. vol. i, p. 76) makes out the titles of eighty tragedies unquestionably belonging to Sophoklês, over and above the satyrical dramas in his tetralogies. Welcker has considerably cut down the number admitted by previous authors, carried by Fabricius as high as one hundred and seventy-eight, and even, by Boeckh, as high as one hundred and nine (Welcker, ut sup. p. 62).

The number of dramas ascribed to Euripidês is sometimes ninety-two, sometimes seventy-five. Elmsley, in his remarks on the Argument to the Medea, p. 72, thinks that even the larger of these numbers is smaller than what Euripidês probably composed; since the poet continued composing for fifty years, from 455 to 405 B.C., and was likely during each year to have composed one, if not two, tetralogies; if he could prevail upon the archon to grant him a chorus, that is, the opportunity of representing. The didaskalies took no account of any except such as gained the first, second, or third prize. Welcker gives the titles, and an approximative guess at the contents, of fifty-one lost tragedies of the poet, besides the seventeen remaining (p. 443).

Aristarchus the tragedian is affirmed by Suidas to have composed seventy tragedies, of which only two gained the prize. As many as a hundred and twenty compositions are ascribed to Neophron, forty-four to Achæus, forty to Ion (Welcker, ib. p. 889).

[510] Plato, Symposion, c. 3, p. 175.

[511] For these particulars, see chiefly a learned and valuable compilation—G. C. Schneider, Das Attische Theater-Wesen, Weimar, 1835—furnished with copious notes; though I do not fully concur in all his details, and have differed from him on some points. I cannot think that more than two oboli were given to any one citizen at the same festival; at least, not until the distribution became extended, in times posterior to the Thirty; see M. Schneider’s book, p. 17; also Notes, 29-196.

[512] See Plato, Lachês, c. 6, p. 183, B.; and Welcker, Griech. Tragöd. p. 930.

[513] Upon the point, compare Welcker, Griech. Tragöd. vol. ii, p. 1102.

[514] See Aristophan. Ran. 1046. The Antigonê (780, seq.) and the Trachiniæ (498) are sufficient evidence that Sophoklês did not agree with Æschylus in this renunciation of Aphroditê.

[515] The comparison of Herodot. iii, 119 with Soph. Antig. 905, proves a community of thought which seems to me hardly explicable in any other way. Which of the two obtained the thought from the other, we cannot determine.

The reason given, by a woman whose father and mother were dead, for preferring a brother either to husband or child,—that she might find another husband and have another child, but could not possibly have another brother,—is certainly not a little far-fetched.

[516] See Valckenaer, Diatribe in Eurip. Frag. c. 23. Quintilian, who had before him many more tragedies than those which we now possess, remarks how much more useful was the study of Euripidês, than that of Æschylus or Sophoklês, to a young man preparing himself for forensic oratory:—

“Illud quidem nemo non fateatur, iis qui se ad agendum comparaverint, utiliorem longe Euripidem fore. Namque is et vi et sermone (quo ipsum reprehendunt quibus gravitas et cothurnus et sonus Sophoclis videtur esse sublimior) magis accedit oratorio generi: et sententiis densus, et rebus ipsis; et in iis quæ a sapientibus tradita sunt, pæne ipsis par; et in dicendo et respondendo cuilibet eorum, qui fuerunt in foro diserti, comparandus. In affectibus vero tum omnibus mirus, tum in iis qui miseratione constant, facile præcipuus.” (Quintil. Inst. Orat. x, 1.)

[517] Aristophan. Plutus, 1160:—

Πλούτῳ γὰρ ἐστὶ τοῦτο συμφορώτατον,

Ποιεῖν ἀγῶνας γυμνικοὺς καὶ μουσικούς.

Compare the speech of Alkibiadês, Thuc. vi, 16, and Theophrastus ap. Cic. de Officiis, ii, 16.