Sir Richard C. Jebb The Attic Orators from Antiphon to Isaeos 2.16.2

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The Attic Orators from Antiphon to Isaeos. Sir Richard C. Jebb. London. 1876.

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The Attic Orators from Antiphon to Isaeos (English) (The Attic Orators from Antiphon to Isaeos. Jebb, Richard Claverhouse, author. London: Macmillan, 1876.)

Notes on the current edition

The Attic Orators from Antiphon to Isaeos

1. The Theban Revolution.
2. Grote, c. 77, vol. X. p. 217, n. 1.
3. Plataea.
4. Diodor. XV. 46.
5. Paus. IX. 1. 6.
6. Occasion of this Speech.
7. Pausanias (IX. 1. 8) defines the time as the third year before Leuktra, when Asteios was Archon (i. e. midsummer 373—midsummer 372). Schäfer ( Dem. I. 61), whom I follow, takes the last half of 373: Grote (c. 77, vol. X. p. 219) the first half of 372. Clinton, F. H. 374 B.C.
8. Diod. XV. 38: Grote c. 77, X. 221.
9. Paus. IX. 1. 8.
10. Cf. Grote, c. 77, X. 220.
11. Date.
12. Analysis.
13. Object of the Appeal.
14. § 1. εἰρηνης οὔσης. This is understood by Grote (c. 77, vol. X. p. 217 n.) as meaning simply that Plataea and Thebes were at peace —the autonomy of Plataea, subjcet to the Boeotian confederacy, having been guaranteed by Thebes when she reconstituted that confederacy in 377—376. Thirlwall, on the other hand (vol. V. pp. 70—73), understands the peace of 374 between Athens and Sparta, to which, he thinks, Thebes was a party, and under which the Spartan garrisons had been withdrawn from Boeotia. The words ἢν πάλιν γένηται πόλεμος (§ 43) must, as the context shows, refer to a prospective war between Athens and Sparta; and imply that, when the Plataikos was written, those States were at peace. But the peace of 374 was of very short duration; and, if the reference is to it, the Plataikos would appear to belong to the year 37 4/3. Diodoros does, indeed, place the surprise of Plataea in that year (XV. 41, 46), and Clinton agrees with him. On the other hand, the clear and precise specification of the year 37 3/2 by Pausanias (IX. 1. 3—8) as that in which Plataea was seized, can scarcely be set aside. Schäfer, placing the Plataikos in the latter half of 373, thinks that the peace of 374 was still formally in force, but that Athens was on the point of resuming hostilities against Sparta; cf. § 38 (Schäf. Demosth. I. p. 61 n.).
15. Pretexts of Thebes: (1) that Plataea rejected dependence:
16. § 9. The walls of Thespiac had been razed soon after the destruction of Plataea (Diod. XV. 46), but the inhabitants had not, like the Plataeans, been driven from their territory. Pausanias speaks of the Thespians as retreating from their town to Kerèssos, a neighbouring stronghold, after Leuktra (IX. 14. 2). The praycr to the Athenians, which Xenophon puts into their month— μὴ σφᾶς περιϊδεῖν ἀπόλιδας γενομένους—is snfficiently explained by the destruction of their walls—to which the τῶν μὲν τὰ τείχη κατεσκάφασι of § 35 may (as Mr Grote suggests) refer. Cf. Schäf. Dem. I. p. 62, n 1.
17. (2) that Plataea was leagued with Sparta.
18. Athens must defend the autonomy of the cities.
19. § 20. In 412 B C. Oropos had been treacherously seized by the Boeotians (Thuc. VIII. 60), and in 402 it was still in their power (Diod. XIV. 17). But at some time between 402 and 374 Oropos had placed itself under the protection of Athens. At the congress of 374 at Sparta—resulting in the brief peace between Sparta and Athens —Thebes probably laid claim to Oropos, but without success: cf. § 37 and see Schäf. Dem. I. 47. In 366 Oropos was seized by a party of exiles and placed in the hands of the Thebans (Xen. H. VII. 4. 1). It was not until, in 338, Philip gave the town to the Athenians that their possession of it became secure: see Paus. I. 34. 1.
20. The Theban policy.
21. Plataea and Thebes— their deeds towards Athens contrasted.
22. i.e. in 427 and in 373 B.C.
23. In the debate held at Sparta, after Aegospotami, on the terms which should be granted to Athens (405 B.C.). But Isokrates exaggerates. Not the Thebans alone, but the Corinthians and many others of the Peloponnesian allies, voted for the extermination of Athens. It was by Sparta alone that Athens was saved.—Xen. Hellen. II. ii. 19; Grote, c. 65, vol. VIII. p. 311.
24. No danger from Thebes.
25. § 37. The Thebans were excluded from the peace of 374 B.C. between Athens and Sparta—as afterwards from the general peace of 371—because they insisted on the formal recognition of Thebes as head of the Panbocotic confederacy: Schäf. Dem. I. 47.
26. The Peace of Antalkidas must be upheld.
27. Miseries of the Plataeans.
28. § 48, μικρῶν ἕνεκα συμβολαίων δουλεύοντας. Isokrates has borrowed this touch from Lysias Against Eratosthenes (Or. XII.) § 98, μικρῶν ἂν ἕνεκα συμβολαίων ἐδούλευον.
29. Appeal to gratitude:
30. and to the sacredness of the Plataean land.
31. Remarks.
32. § 18.
33. Cf. Grote, c. 77, vol. x. p. 220.
34. §§ 11—16.
35. §§ 21—25.
36. § 3.
37. The result.
38. Date.
39. Clinton says ‘before the conclusion of the peace—perhaps in the beginning of 355.’ Thirlwall— ‘while the negotiation with the allics was pending, or soon after the peace’; but, Isokrates would hardly have delayed the publication till the question which he discussed had been aetually settled. Schäfer puts the speech in 355; so, too, Benseler (1854). Oncken ( Isokrates und Athen, Appendix) argues for 357 B.C.— just after the attack of Chares on Chios.
40. Cf. Schäf. Dem. I. 169.
41. Thirl. v. p. 325, ch. 42.
42. Analysis.
43. Popularity of the WarParty.
44. Athens too ready to espouse quarrels.
45. True basis for peace— the Treaty of Antalkidas
46. Advantages of peace for Athens.
47. § 22. Philip had now been for two years (since 357 B.C.) in actual possession of Amphipolis.
48. Ib. By a treaty concluded in 357 between Chares and Kersobleptes, the Thracian Chersonese, with the exception of Kardia, was formally recognised as belonging to Athens. But the treaty was not at once fully executed,—Sestos, among other places, still remaining in the hands of Kersobleptes; and hence Isokrates can still, in 355, speak of that prince as disputing the claim of Athens. See Schäf. Demosth. I. pp. 144, 380.
49. § 24. Athenodoros of Imbros, by birth an Athenian citizen (Dem. in Aristocr. § 12), had served with distinction as a captain of mercenaries in the army of Artaxerxes Ochos during the war (360 B. C.) between the king and his satrap Orontes, who was supported by an Athenian force under Chares, Charidemos and Phokion. In that contest for the throne of Thrace which ensued on the death of Kotys in 359, Berisades was supported by Athenodoros, as Kersobleptes by Charidemos, and Amadokos by Simon and Bianor. The position of Athenodoros at that time (359— 357) would have been one of sufficient influence to enable him to become founder (oekist) of a new town, though he was merely an ἰδιώτης, i.e. neither a prince nor the official representative of a city. Schäf. Dem. I. pp. 137—144.
50. Ib. Kallistratos of Aphidna, the orator, was condemned to death, and withdrew into exile, in 361 B. C. It was in 360 (Schäf. Dem. I. 120), that he induced the Thasians to recolonise the decayed town of Daton or Datos on the coast of Thrace, N.W. of Thasos. The excellence of the site, and its neighbourhood to the gold mines of Pangaeos, gave rise to the proverb Δάτος ἀγαθῶν (Zenob. prov. Graec. Cent. 3. 11). The young colony was destroyed four years later, when, in 356, Philip founded Philippi in its near neighbourhood. Daton was probably on the site of Neapolis, the port of Philippi (Scylax, p. 27 § 67). Schäfer places the return of Kallistratos to Athens (immediatcly followed by his death) in 355, before the end of the Social War, and observes that there is nothing in this passage to warrant the inference that he was alive when it was written. But the perfect γεγόνασιν (§ 24) surely implies that Kallistratos, as well as Athcnodoros, still lived. The return of Kallistratos may perhaps be placed in 354, the year after this speech, when Aristophon and Chares brought Iphikrates, Menestheus and Timotheos to trial. Kallistratos, sympathising strongly with the accused, would have been tempted to come back to Athens at any risk for the sake of standing by them at such a time.
51. Aggressive ambition is a snare.
52. The men of Marathon.
53. Citizens no longer fight.
54. Home affairs.
55. Alien intruders.
56. Corruption.
57. The statesmen are no longer the generals.
58. Thebes is as bad as Athens.
59. The remedy —to resign the Empire of the sea
60. Athens before and after she was Imperial
61. The men of the Empire.
62. § 85. Dekeleia—here called a προαστεῖον of Athens—was 14 miles N. of it, and as many from the Boeotian frontier. It was occupied by the Pcloponncsians in the spring of 413 B.C.; and the Sicilian disaster came in September of the same year. It is of this passage that Dionysios is probably thinking when he speaks of Isokrates as censuring, in the De Pace, τοὺς πρὸ τῶν Δεκελεικῶν γενομένους ( de Isocr. c. 8). As to the large schemes of conquest—embracing Italy and Libya—entertained at Athens in 415, see Curtius Hist. Gr. bk. IV. C. IV. VOL. III. p. 303 tr. Ward.
63. What they brought about.
64. § 86. Alluding to the destruction, in 455 B C., of the Athenian armament sent to aid Inaros.
65. Ib. In 449 B.C. Kimon laid siege to Citium in Cyprus. After his death, hissuccessor Anaxikrates was compelled by famine to raise the siege; but the fleet was soon afterwards victorious near Salamis (Thuc. I. 112). Either Isokrates is here inisrepresenting the unsuccessful siege as the destruction ( διεφθάρησαν, § 86) of an Athenian armament; or he may refer to the earlier expedition in 460 B.C. of the Athenians and their allies, with 200 ships, to Cyprus, which Thucydides mentions (I. 104), but of which he gives no particulars, except that it was ultimately abandoned for the purpose of helping Inaros in Egypt.
66. § 86. ἐν Δάτῳ δὲ μυρίους ὁπλίτας αὑτῶν καὶ τῶν συμμάχων ἀπώλεσαν. As to the site of Daton see note above. Herodotos mentions—but without closer definition of the time than that it was after 378 B. C.—an incident to which Isokrates is perhaps referring:—
αὐτὸν δὲ Σωφάνεα χρόνῳ ὕστερον τούτων κατέλαβε ἄνδρα ἀγαθὸν γενόμενον Ἀθηναίων στρατηγέοντα ἅμα Λεάγρῳ τῷ Γλαύκωνος ἀποθανεῖν ὑπὸ Ἠδώνων ἐν Δάτῳ περὶ τῶν μετάλλων τῶν χρυσέων μαχεόμενον,
IX. 75
. But the μυρἱους looks as if Isokrates was thinking also of the destruction, by the Thracians, of 10,000 Athenians at Drabëskos near Ennea Hodoi in 465 B.C.: Thuc. I. 100.
67. Imperial Sparta,
68. § 95. The beginning of the ‘seven centuries’ is taken from 1104 B C.—the legendary epoch of the Dorian conquest of Peloponnesos. Cf. Isokr. Archid. § 12 δόξαν ἣν οἱ πρόγονοι...ἐν ἑπτακοσίοις ἔτεσι κτησάμενοι κατέλιπον; and Panathen. § 204.
69. her insolence;
70. her fall.
71. Dangers of Empire.
72. Why Megara is rich.
73. The demagogues.
74. Perikles.
75. § 126. Περικλῆς ὁ πρὸ τῶν τοιούτων δημαγωγὸς καταστάς. Cf. Panathen. § 148, where Peisistratos also is described as a δημαγωγός.
76. Three conditions of welfare.
77. The Spartan Kings.
78. Remarks.
79. Cf. Schäf. Dem. I. p. 168. Arist. Rhet. III. 17.
80. §§ 45—56.
81. §§ 121—131.
82. Dionys. de Isocr. c. 8.
83. Antid. §§ 62 ff.
84. On the Peace.
85. Cf. § 75.
86. And not the Spartans, as the author of the ὑπόθεσις wrongly says: cf. Grote, c. 79, vol. x p. 309 n.
87. Grote and Schäfer place the first invasion of Lakonia by Epameinondas, and the commencement of the new town of Messene, at the close of 370 B.C.; Clinton, at the beginning of 369 B.C. Xenophon speaks of the restoration as complete in 368: Hellen. VII. 1. 27.
88. As Troezen and Hermione: Grote, c. 79, x. p. 400.
89. Date and occasion.
90. It may be questioned whether the scene of the debate was (1) the Gerousia, or (2) the Assembly of Spartan citizens above thirty. ( ἄπελλα, Plut. Lys. 35), or (3) that more select assembly of citizens— probably limited to the ὅμοιοι— which is heard of as being convened in special emergencies: Xen. Hellen. III. 3. 18. But, except the kings and the ephors, no citizen under 60 years of age could be a member of the Gerousia. On the other hand it is certain that the Public Assembly ( ἡ ἐκκλησία τῶν Λακεδαιμονίων, Thuc. I. 87) was sometimes the scene of a real debate, (and not merely of passive voting)—as of the debate in which the Peloponnesian War was decided upon: Thuc. I. 79—87. The king Archidamos and the ephor Stenelaidas are, indeed, the only speakers named on that occasion: and probably a private citizen could speak only by permission. Archidamos, though a Heraklid and next heir to the throne, apologises for presuming to speak: but mainly on account of his youth: §§ 1—2.
91. Referring to the opinion of Niebuhr that the Archidamos was written after the battle of Mantineia, Thirlwall says—‘We must however remember the speech which Cleon made for Lysander, and that Xenophon ( H. VII. 4. 9) gives us reason to believe that the spirit prevailing at Sparta was just that which breathes through the Archidamus’: V. p. 178, c. 40.
92. The Μεσσηνιακός of Alkidamas of Elaea (Ar. Rhet. I. 13. II. 23) may, as Spengel thinks ( συναγ. τεχν. XXIV), have been composed in rivalry of the Archidamos.
93. Spengel says of the Archidamos ( συν. τεχν. XXIV) ‘non est ut Philippus oratio Archidamo missa, sed declamatio.’ It is not easy to see why the fact of the speech being a declamation should exclude the hypothesis of its having been sent to Archidamos.—The speaker's apology for the length of his remarks (§§ 15, 16) may be noticed as an attempt to give the composition something of a Spartan air. But Spartan brevity was now no longer so severe as formerly: cf. Plut. Apophth. 16 (quoted by Thirlwall V. 179), where Epameinondas replies to a Spartan's invective—‘At least the Thebans have taught you to make longer speeches.’
94. § 1. νεώτερος ὤν. Archidamos is mentioned as a young man in 378 B.C.: Xen. H. V. 4, §§ 25—33: and as commanding Spartan armies in 371 ( H. VI. 4, §§ 17—26) and 367 ( H. VII. 1, § 28). He may now have been about thirty-five years of age.
95. The issue.
96. The allies.
97. § 12. Cf. note on De Pace, § 95.
98. Sparta's title to Messene.
99. Return of the Herakleidae.
100. Sparta's threefold claim.
101. The Thebans.
102. § 27. Dating from the accession of Cyrus to the empire, 559 B.C.
103. § 27. In 373 B.C.: cf. introd. to the Plataikos.
104. § 27. ‘Three hundred’ would have been more accurate. The Second Messenian War ended, and the conquest of the country was completed, in 668 B.C.
105. Delphic oracle.
106. Examples of recovery from disaster.
107. § 44. i.e. Dionysius I. in 394 B.C.: cf. Grote, c. 82, vol. X. p. 695.
108. § 46. See note on Panegyr. § 126.
109. Spartans for Sparta.
110. § 53. When Chios revolted from Athens in 412 B.C. Pedaritos was posted there as Lacedaemonian governor: Thuc. VIII. 28. Soon afterwards the Athenians set about fortifying Delphinion, a promontory on the east coast of the island: ib. 38. Pedaritos having refused to help Astyochos in supporting the revolt of Lesbos, Astyochos refused to support Pedaritos at Chios. The Athenian fort was at length eompleted. Pedaritos then sent an urgent message to the Spartan fleet at Rhodes, representing that, unless help came speedily, Chios must be lost. In the mean time he made an attack on Delphinion with such forces as he had, but was defeated and slain: Thuc. VIII. 55. The words of Isokrates— εἰς Χίον εἰσπλεύσας τὴν πόλιν διέσωσε—are calculated, therefore, to convey an inaceurate imprcssion. Pedaritos did, indeed, hold out in Chios for a year; but his command ended disastrously.
111. § 56. i.e. Leuktra, § 10.
112. § 56. At this time Epameinondas had thrice invaded Peloponnesos—in 370, 369, 367. But he had invaded Lakonia only once, in 370. The next invasion of Lakonia occurred shortly before Mantineia in 362.
113. § 57. Referring to the siege of Ithome in the first Messenian War, 743—723 B.C.
114. Hopes from without.
115. The last resort.
116. Sparta a camp.
117. § 91. See introductory remarks.
118. Appeal to reputation.
119. § 95. As Mr Grote observes (c. 78, vol. X. p. 314, n. 2), no free Messenian theoria could have visited Olympia since 723 B.C.
120. § 99. According to Herod. IX. 36 the five ἀγῶνες in which Tisamenos of Elis was victorious in company with the Spartans were— 1. Plataea, 479 B.C.: 2. a battle at Tegea against the Tegeatans and Argives: 3. a battle at Dipaea— a town of Maenalia in Arcadia— ‘against all the Argives except the Mantineans’: 4. the third Messenian War, 464—355: 5. Tanagra, 457. From this it may be inferred that the battle at Dipaea was fought between 479 and 464 B.C.
121. Summary.
122. Remarks.
123. Cf. Grote, c. 78, vol. X. p. 313.
124. §§ 11—14.
125. §§ 70—87.
126. Xen. H. VII. 4, §§ 8—11. ἀκούσαντες δὲ ταῦτα οἱ Λακεδαιμόνιοι τοῖς τε Κορινθίοις συνεβούλευον τὴν εἰρήνην ποιήσασθαι καὶ τῶν ἄλλων συμμάχων ἐπέτρεψαν τοῖς μὴ βουλομένοις σὺν έαυτοῖς πολεμεῖν ἀναπαύσασθαι· αὐτοὶ δὲ ἔφασαν, κ.τ.λ.
127. After Mantineia: Diod. XV. 89: Plut. Ages. 35.
128. Form.
129. Date.
130. Arguments for 346 B.C.
131. Dem. de F. L. § 125.
132. Id. de Cor. § 169.
133. Arguments for 355 B.C.
134. Diod. XVI. 22.
135. Rauchenstein, Introd. to the Areopag. p. 107.
136. Schäfer, Demosth. u. s. Zeit, vol. I. p. 462 n.: Paus. IV. 28. 1, 2.
137. Introd. p 108: Diod. XV. 79.
138. Peace was concluded about midsummer 355: Clinton, F. H. Rauchenstein places the Areopagitikos in 354, following Böhnecke, who assigns the embassy from Artaxerxes III. to that year. But according to Diod. XVI. 22 the embassy preeeded and hastened the peace; and the peace certainly belongs to 355.Clinton refers the Areopagitikos to 353, the year (probably) of the Antidosis, which he thinks must have been published before it. But on this point no inference ean be drawn from the fact that the Areopag. is not mentioned in the Antidosis. In the Antidosis Isokrates quotes from several, but by no means from all, of his important works; and, in such an apology for his life and teaching, it can be easily understood why he avoided reference to the Areopagitikos, which may have been represented as hostile to the democracy—a calumny which he himself antieipates, Areop. §§ 57, 70. Sehäfer, Dem. u. s. Z. III. 329, also puts the Areopagitikos in 355.
139. Oncken (p. 79) seems to refer the Areop. to 358 B C.
140. Dangers of confidence.
141. One of these two oceasions was probably when Chares, aided by Artabazos, had defeated the Persian army under Tithraustes in 356 B.C.: see Grote, c. 86, vol. XI. p. 324. What the other occasion was is more doubtful. Schneider refers to the vietory gained by Chares over Adaeus, one of Philip's generals, at Cypsela on the Hebrus but this was in 353 B.C. (see Schäf Dem. I. 399) and no one, except Clinton, places the Areopagiticos later than 354: Schneider himself (p. 71) places it ‘soon after’ the end of the war in 355.
142. The old democracy.
143. Its ‘equality.’
144. It is difficult to say how much Isokrates meant by this vague assertion. He states that the public officials generally ( οἱ τῶν πραγμάτων ἐπιστατοῦντες) were selected aecording to merit ( προκρίνειν). It is now pretty well ascertained:— 1. That, in the election of the nine archons, Kleisthenes substituted the democratic ballot ( κλήρωσις) for election ( αἵρεσις). 2. That at least the ten Strategi, and the Tamias or Steward of the Public Treasury, were at all periods, as a rule, αἱρετοί, not κληρωτοί. 3. That, as regards most other offices, lot was substituted for election about 478 B.C.—Isokrates probably believed that, in the case of archous, αἵρεσις continued to be the rule longer than it really did. It is possible, again, that in his time Strategi were sometimes appointed by ballot; and also that the proportion of inferior officials so appointed was larger than in former times.See Curtius, App. to bk. II. e. 2, vol. I. p. 478 tr. Ward: Rauehenstein Introd. to Areop. p. 112: C. F. Herm. Antt. § 112. 7.
145. Its general tone.
146. The Areiopagos:
147. guardian of the unwritten law.
148. § 50. The law of Ephialtes is usually placed in Ol. LXXX. 2, 459 B.C.: by Curtius in 460 ( Hist. Gr. II. 381 trans.).
149. Sense of security.
150. § 54: i.e. for employment as dikasts: cf. de Pac. (Or. VIII.) § 130 τοὺς ἀπὸ τῶν δικαστηρίων ζῶντας.
151. This is no plea for oligarchy.
152. The Thirty Tyrants.
153. The present Democracy.
154. A contrast.
155. Demosthenes de Fals. Legat. § 311 says that the conditions were — ἵππου μὲν δρόμον ἡμέρας πεζῆ μὴ καταβαίνειν ἐπὶ τὴν θάλατταν βασιλέα, ἐντὸς δὲ Χελιδονίων (the Swallow Islands, opposite the frontier of Lykia and Pamphylia, and S.W.E. of Cape Phaselis) καὶ Κυανέων πλοίῳ μακρῷ μὴ πλεῖν. As Mr Grote observes (c. 45, v. 456), even the ‘one day's course for a horse’ is probably more than the truth. But the statement of Isokrates—if, indeed, he recollected where the Halys was—is a strange exaggeration. As to this legendary treaty, see note on Panegyr. § 115.
156. See esp. Panegyr. §§ 51—99.
157. For I follow Schäfer, Dem. u. s. Zeit, II. 66 ff., in placing the First Philippic in 351, and not, as it is usually placed, in 352.
158. Dionys. Isokr. 8 characterises the Areopag. as an exhortation to εὐκοσμία—the decorum of the old school.
159. Such as, e.g., it assumed in the year of Salamis. Niebuhr compares this to the power conferred on Roman consuls by the formula ‘videant ne quid detrimenti, &c.’ Vortrage ub. alte Gesch. II. 29.
160. It has, indeed, been supposed that the jurisdiction of the Areiopagos was temporarily taken away by the Thirty Tyrants. It is in this sense that Mr Grote (c. 46, v. 498) understands Lys. de caede Eratosth. § 32:— ᾧ καὶ πάτριόν ἐστι καὶ ἐφ’ ὑμῶν ἀποδέδοται τοῦ φόνου τὰς δίκας δικάζειν—the passage mainly relied on by those who, like Meier, Boeckh and O. Müller, think that Ephialtes abolished the criminal jurisdiction of the Areiopagos. But there I think with Hermann that the meaning is simply:—‘(that court) of which it is the ancestral right, and to which it has been assigned in your own time also, to try causes of homicide.’ The antithesis is between πάτριον and ἐφ’ ὑμῶν. ἀποδέδοται means, not ‘ restored,’ but ‘ rendered, assigned as a province.’ The idea might have been expressed thus— ᾧ καὶ πάτριόν ἐστι καὶ ἐφ’ ὑμῶν ὑπάρχει. The statement of Demosthenes is precise and emphatic ( in Aristocr. § 66) — τοῦτο μόνον τὸ δικαστήριον οὐχὶ τύραννος οὐκ ὀλιγαρχία οὐ δημοκρατία τὰς φονικὰς δίκας ἀφελέσθαι τετόλμηκεν.
161. The Areiopagos retained the power, shared by the Senate of Five Hundred and by all magistrates, of inflicting small fines: cf. Grote, c. 46, v. 498. And on at least one occasion subsequent to the reform of Ephialtes—namely in 405 B.C., after Aegospotami— the Areiopagos is found acting in a dictatorial capacity: Lys. in Eratosth. (Or. XII.) § 69, πραττούσης τῆς ἐν Ἀρείῳ πάγῳ βουλῆς σωτήρια.
162. Cf. Curtius, Hist. Gr. bk. III, c. II., vol. II., p. 378 tr. Ward.
163. § 38. It is at least credible that democrats, on becoming members of an ancient and dignified official body, grew more conservative. On the esprit de corps of the Areiopagos Niebuhr says:— Der Areopag est ein merkwürdiges Beispiel von dem was man esprit de corps nennt in seiner schönsten Bedeutung, wie vor der französischen Revolution der pariser Parlament eine Gravität und Unabhängigkeit hatte, die sich allen Mitgliedern mittheilten und das ganze Leben und Weise übergingen.’ Vorträge üb. alte Gesch. II. p. 31.