Hyperides, Against Athenogenes, ed. J. O. Burtt, 29

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[29] During the war against Philip he left the city just before the battle and did not serve with you at Chaeronea . Instead, he moved to Troezen , disregarding the law¹ which says that a man who moves in wartime shall be indicted and summarily arrested if he returns. The reason for the move, it seems, was this: he thought that the city of Troezen would survive, whereas he had passed a sentence of death on ours. His daughters whom he had brought up in the prosperity which you provided he married off with the intention of returning later to carry on his business when peace was established.

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).) — 29 focus

[29] ἐν δὲ τῷ πολέμῳ τῷ πρὸς Φίλιππον μικρὸν πρὸ τῆς μάχης ἀπέ λιπε¹ τὴν πόλιν, καὶ μεθʼ ὑμῶν μὲν οὐ συνεστρατεύς ατο εἰς Χαιρώνειαν, ἐξῴκησε δὲ εἰς Τ ροιζῆνα, παρὰ τὸν νόμον ὃς κελεύει ἔνδ ειξιν ε ἶναι καὶ ἀπαγωγὴν τοῦ ἐξοικήσαντος ἐν τῷ πολέμῳ, ἐὰν πάλιν ἔλθῃ. καὶ ταῦ τʼ ἐποίει τὴν μὲν ἐκείνων πόλιν, ὡς ἔοικ ε, περιέσε σθαι² ὑπολαμβ άνων, τῆς δὲ ἡμε τέρας θάνα τον καταγνο ύς.³ καὶ τὰς θυγα τέρας ἐν⁴ τῇ παρʼ ὑμῖν εὐδα ιμονίᾳ ἐκθρέψα ς⁵ ἐξέδωκ εν ως⁶ πάλιν η ἐργασόμε νος ἐπεὶ εἰρήνη γέ γονεν.

Notes on the current edition

Against Athenogenes

1. This law, which is not mentioned by any other writer appears to be the same as the one subsequently read out (§ 33) which forbade resident aliens to emigrate in time of war. It is not clear, however, why the clause quoted here should relate to an attempted return on the part of the lawbreaker rather than to his actual departure. If the plaintiff is making a valid point we must assume that the law existed before the battle of Chaeronea , since it was then that Athenogenes left Athens . If so, it must have applied to resident aliens only (as indeed appears from § 33 to have been the case) for had it applied to citizens, Lycurgus would surely have mentioned it in his speech against Leocrates, as he was there concerned with just this question. It is possible, however, that Hyperides is alluding to some provision which did not come into force until the time of emergency after Chaeronea , but is attempting to impose on the ignorance of his hearers.

Hyperides Against Athenogenes 29

ed. J. O. Burtt

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