Hyperides, Against Athenogenes, ed. J. O. Burtt, 18

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[18] Apparently if a man respects the wishes of his own wife in making his will it will be invalid. Then must I, who was influenced by the mistress of Athenogenes, accept the contract and be ruined too,¹ even though I can claim the very powerful help of the law, having been compelled by these people to conclude the agreement? Do you insist on the agreement when you and your mistress laid a trap for me to get it signed? In circumstances where the laws relating to conspiracy proclaim that you are guilty, are you expecting actually to make a profit? You were not content with the forty minas for the perfumery. No; you robbed me of a further five talents as though I were caught ²

Against Athenogenes. Hyperides. ed. J. O. Burtt. London. 1954.

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Current edition Perseus

Against Athenogenes (English) (Hyperides. Minor Attic Orators, Vol. 2. Burtt, J. O., translator. London: William Heinemann, Ltd.; Cambridge, MA: Harvard University Press, 1954 (printing).)

Editions (1)

Κατ᾽ Ἀθηνογένους Perseus (Hyperides. Minor Attic Orators, Vol. 2. Burtt, J. O., editor. London: William Heinemann, Ltd.; Cambridge, MA: Harvard University Press, 1954 (printing).) — 18 focus

[18] καὶ ἐὰν μέν τι ς ὡς ἔοικ εν τῇ ἑαυτοῦ γυναικὶ πειθόμενος διαθήκας γράψῃ¹ ἄκυροι ἔσο νται, εἰ δʼ ἐγὼ τῇ Ἀθηνογ ένους ἑταίρᾳ ἐπείσθην, προσαπολωλέναι με² δεῖ, ὃς ἔχω μ εγίςτην³ βοήθειαν τὴν ἐν τῷ νόμῳ γεγραμμένην, ἀναγκασθεὶς ὑπὸ τούτων ταῦτα συνθέσθαι; εἶτα σὺ ταῖς συνθήκαις ἰς χυρίζῃ ἃς ἐνεδρεύσαντές με σὺ καὶ ἡ ἑ ταίρα σο υ⁴ ἐςημήνασθε, καὶ ὑ πὲρ ὧν οἱ νόμοι β ουλεύσεως ὑμᾶς κε λεύουσιν αἰτίους εἶναι, ἐπὶ τούτοις προς λαμβάνειν τι ἀξιοῦτε.⁵ καὶ οὐ χ ἱκανόν σοι ἦν τὰς⁶ τετταράκοντα μνᾶς εἰληφέναι ὑπὲρ τοῦ μυροπωλίου, ἀλλὰ καὶ πέντε τάλαντα προσαφείλου⁷ με ὥσπερ ὑπο⁸ κατε ιλημμένον

Notes on the current edition

Against Athenogenes

1. The argument is rather condensed; the contrast is this: A will may be otherwise just and yet it becomes invalid when made under the influence of a wife. Therefore, a fortiori, this contract becomes invalid because (1) it was not just in other respects, (2) it was made under the influence of a woman less reputable than a wife.

2. The exact words cannot be restored but the sense is: It is absurd for Athenogenes, a shrewd business man, to plead ignorance, when I with no experience of the market discovered the facts so soon without effort.

Hyperides Against Athenogenes 18

ed. J. O. Burtt

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