Hyperides, Against Athenogenes, ed. J. O. Burtt, 22

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[22] He knew that sales are constantly taking place in the city and passed a law, which everyone admits to be just, stating that any offences or crimes committed by a slave shall be the responsibility of the master who owns him at the time.¹ This is only fair; for if a slave gains any success or brings in earnings, his owner enjoys the benefits. But you ignore the law and talk about agreements being broken. Solon did not consider that a decree, even when constitutionally proposed, should override the law.² Yet you maintain that even unjust agreements take precedence over all the laws.

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).) — 22 focus

[22] ὃς εἰδὼς ὅτι πολλαὶ ὠναὶ γίγνονται ἐν τῇ πόλει ἔθηκε νόμον δίκαι ον, ὡς παρὰ πάντων ὁμολογεῖται, τὰς ζη μίας ἃς ἂν ἐργάσωνται οἱ οἰκέται καὶ τὰ ἀ δικήματα¹ διαλύειν τὸν δεσπότην παρʼ ᾧ ἂν ἐργάςωνται² οἱ οἰκέται. εἰκότως· καὶ γὰρ ἐάν τι ἀγαθὸν³ πράξῃ ἢ ἐργασίαν εὕρ ῃ ὁ ο ἰκέτης τοῦ κεκτημένου αὐτὸν γ ίγνετ αι. σὺ δὲ τὸν νόμον ἀφεὶς περὶ συνθ ηκῶν παραβαινομένων⁴ διαλέγῃ. καὶ ὁ μὲν Σόλων οὐδʼ ὃ δικαίως ἔγραφεν ψήφ ισμά τις τοῦ νόμου⁵ οἴεται δεῖν κυριώ τερον εἶναι, σὺ δὲ καὶ⁶ τὰς ἀδίκους συνθ ήκας ἀξιοῖς κρατεῖν⁷ πάντων⁸ τῶν νόμων.

Notes on the current edition

Against Athenogenes

1. This law, which does not seem to be mentioned elsewhere, is not strictly applicable here, since the plaintiff had agreed in his contract to assume responsibility for Midas’s debts. However, it was a fair law, and if Athenogenes had not intended to take advantage of the plaintiff he would have been willing to observe it. ζημίαν ἐργάζεσθαι, which appears to be an old legal phrase, is variously understood. Other interpretations than that adopted in the translation are: (1) to incur loss, (2) to incur a fine.

2. This provision of Solon is mentioned by Andoc. 1.87 and by Dem. 23.87 .

Hyperides Against Athenogenes 22

ed. J. O. Burtt

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