Transcript Notes on the Fragments of Lycurgus

Notes on the Fragments of Lycurgus
b y NICHOLAS C . CONOMIS
Foreword
The present notes on the fragments of Lycorgus were written a t Oxford in 1956 as part of
the work required for the degree of Bachelor of Letters. I have revised it as best I could
and as far as the library facilities in the Union of S. Africa permit. This is not the place
to say how deficient these facilities are but I must warn the reader t h a t I have been unable
to verify all references and ask his forgiveness for any errors t h a t have resulted from this
inability.
Apart from my debt to previous editors of Lycurgus, especially Sauppe and Blass,
I am deeply indebted to some contemporary scholars for their kindness in helping me in
several ways : Professor J . K. Dover was my tutor at Oxford while I was working on Lycurgus
in general and he was kind enough to read these notes in draft and t o make a number of
suggestions. Mr. D. M. Lewis, Student of Christ Church Oxford, was my supervisor when I
wrote these notes and I benefitted from his advice, especially as regards the inscriptions
and the prosopography involved. Sir John Beazley kindly read my notes on "Hecatompedon", "apobates" and "keras". Professor M. W. M. Pope of the University of Cape Town
not only improved the English of my manuscript but generously devoted much time to
discussing many problems connected with these fragments and made a number of valuable
suggestions. I t has proved impossible to acknowledge his help in every specific instance so
t h a t I would like to express to him my gratitude for his help in general. Mr. R. A. Higgins,
Assistant Keeper in the Department of Greek and Roman Antiquities at the British Museum
was kind enough to answer my query concerning the introduction of wine in Attica. While
expressing my obligation to these scholars I take the opportunity to add t h a t for all the
views stated in these notes I alone am responsible and t h a t all mistakes and blemishes
should be laid at my door.
The Deutsche Akademie der Wissenschaften zu Berlin honoured me with the invitation
to publish these notes in its distinguished periodical. For this compliment I wish to express
to the members of the Academy my sincere thanks.
Introduction1
The so-called fragments of Lycurgus are in fact, with the exception of XIV 1,
mere quotations mentioned chiefly by grammarians and lexicographers who
aimed at illustrating the meaning of some word, a figure of speech or, occasionally,
a certain thought. These quotations for the most part originated in the commentaries of the Alexandrian grammarians2 and this means that excerpting probably
1
The main orators and their fragments are cited from the latest Teubner edition. The fragments of all "minor"
orators together with those of Dinarchus are cited from the edition of SATJPPK. Demades' fragmente are cited from
V. DE FALCO (Demade oratore, 2nd ed. Napoli 1954) unless otherwise indicated. The text of Lycurgus' fragments
is, with slight differences, that of BLASS. The arabic numerals in the margin represent — except in two cases —
the enumeration of BLASS ( = BL.). The references to the testimonia are those of my forthcoming edition of
Lycurgus in the Bibliotheca Teubneriana. The references to the fragments of the-'tragic poets is to the second
edition of NACCK and the fragments of the comic poets to the edition of KOCK ( —.EDMONDS). H
* We know only of one real commentator: Didymus. Besides his edition of Antiphon, Isaeus, Hyperides,
Aeschines and Demosthenes he composed at least ten books of a commentary on the Attic orators, the so-called
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73
began as early as a few generations after the "publication" of the speeches. They
were selected for purposes quite other than that of informing later generations
about the subjet-matter of the orator's speeches or supplying the precise text of the
passages they happened to quote. Usually in this kind of quotation the name of
the orator and the speech is supplied but occasionally the reference is vague and
the name of the orator alone is given. In a few cases neither the orator's name
nor that of the speech is given and then we have to base our identification mainly
on the subject-matter of the quotation.
The question as to how many of these fragments reproduce the orator's words
is difficult to answer though one is to some extent guided on points of style from
the extant speech Against Leocrates. Furthermore among the fragments preserved those which purport to be verbatim quotations are both few in number
and short in length.
By far the greater part of these quotations are preserved in Harpocration's
Lexicon of the Ten Orators. The text of this lexicographer, as is well known, is
not always settled and our knowledge of the manuscript transmission can legitimately be called chaotic 1 . The manuscripts of Harpocration will perhaps all
have to be collated again by a future editor. Dindorf's collations were done over
a hundred years ago before photography was in use and naturally are not up to
modern standards, while a further complication is added by the fact that the
Lexicon is preserved in two forms, an early abridgement and a longer version
closer to the original but not free from corruption.
On Harpocration in the main depend also the terse citations which occur in
some of the later lexicographers such as Hesychius, Photius, the Souda, the sixth
Bekkerian Lexicon 2 and others. These lexicographers borrowed — when they did
so — their citations-from the Epitome of Harpocration. However, the citations
from the Souda VI 4 ( = 31 Bl.), VII l a ( = 50 Bl.), X I I I l a ( = 81 Bl.), XIV 4
( = 84 Bl.), I l l 2 ( = 14 Bl), X - X I 5 ( = 6β Bl.) and Photius' Lexicon XV 13
( = 101 Bl.) and 14 (102 Bl.), do not occur in our text of Harpocration and are
to be sought in other lexicographical sources 3 .
Other sources, apart from fr. X I V 1 which was preserved on a payprus-fragment
and X I I 1 ( = 77 Bl.) preserved by Diodorus of Sicily, include: professional
anthologists such as Athenaeus and Stobaeus; grammarians such as Butilius
Lupus, Priscian, the anonymous writer cited in A. Ludwich, Anekdoten zur
griechischen Orthographie (14 Universitätsprogramme, Königsberg 1905-1912),
Cornutus Τέχνη 'Ρητορική', other lexicons besides Harpocration and those
referred to above, such as Pollux, the Lexicon Rhetoricum Reitzianum, the
Etymologicum Magnum and collections of ancient scholia, mainly those of
'Ρητορtxà
Υπομνήματα-,
gee L . COHN, R E 5, 1905, 4 6 8 - 4 6 0 ; J . E . 8ANPYS, A h i s t o r y of classical s c h o l a r s h i p 1,
2nd ed. Cambridge 1906, 142—143. An early lexicographical work on a special speech is a lexicon to Demosthenes
In Hidiam (C. WRSSKLY, Studien zur Palaeographie und Papyruskunde 4, Leipzig 1905, 111), as Prof. K. J.
DOVER p o i n t e d o u t t o m e .
1
See H . SCHULTZ, R E 7, 1912, 2412.
* The fifth Bekkerian Lexicon λέξεις ¿ητονιχαί (pp. 195—318) is related to an onomasticon which was used
by Harpocration and Pollux, see J. TOLKIEHN, RE 12,1925, 2478. For the sources of the sixth Bekkerian Lexicon
(pp. 319-476) see ibidem 24ββ.
* See 6. WENTZEL, Sitzungsberichte der Preußischen Akademie der Wissenschaften, Berlin, phil.-hist. KL. 1,
1895, 4 7 7 s q q . ; J . TOLKIEHN, loc. c i t . 2 4 5 5 ; A . ADLER, S u i d a e L e x i c o n 1, Leipzig 1928, X V I I .
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74
NICHOLAS O. CONOMIS
t h e orators Aeschinea, Demosthenes and t h e so-called Lexicon P a t m i u m 1 while
f r . X I V 5 a (— 85 Bl.), occurs in a scholion on Gregory of Nazianzus a n d
X V 12 ( = 100 Bl.) in a scholion of Plato.
Such then is the nature of our sources for these testimonia. Doubt, contamination and corruption abound. Not infrequently quotations are differenti}*
given b y two or more sources. We must often despair of recovering the speaker's
own words or of catching t h e drift of his argument.
The fragments of Lycurgus are the most extensively discussed among those
of the Attic orators and a n y fresh contribution to our knowledge is bound t o
be small. Howerer, judgement on points of detail m a y sometimes differ from person
to person and here and there in the course of these notes some new material has
been used. The elucidation of historical points, even though these sometimes make
little contribution to the interpretation of the text, proved enticing a t the time
as it seemed to involve research of intrinsic interest. The main result of the
re-examination of this material is perhaps t h a t Lycurgus as a politician is a much
more interesting personality than as an orator and t h a t his oratory was almost
exclusively a t the service of his own political activities. The main points of his
policy have long been known, but some particulars remains to be elucidated.
This is especially true of his policy during the period after the battle of Chaeronea
when his ' 'restoration policy " 2 began, and above all the way in which he carried it out
in the actual circumstances amidst so many reverses 3 ; also obscure remains his
part in the creation of the new financial official known as ο επί της διοικήσεως
and of t h e general known as t h e επί τους όπλίτας or επί τα όπλα, and t h e like.
H i s religious revivals recall the great lawgivers of Athens 4 , in m a t t e r s of
" s t a t e ceremonial" he reminds us of Pericles, while his religious pronouncem e n t s are n o t unlike those of Antiphon.
On the rhetorical style of the quotations there is little t h a t can be said as the
material is so fragmentary. Still, a few remarks may be made here in order t o be
spared the task during the discussion of each quotation. I leave out the fragments
transmitted through Latin as one does not know how accurate the translation is 5 .
As t h e surviving speech Against Leocrates shows Lycurgus' style falls into the
same category as t h a t of the other Attic orators and has particular affinities with
the group of the last representatives of the canon on the one hand and Isocrates
on the other. I t was, as ancient critics observed, straightforward, easy to understand a n d excelling in exaggeration (δεινώσεις). I n the construction of his periods
he approaches the technique of Isocrates more t h a n a n y other orator: cf., e.g.,
fr. 5.77 Bl. though t h e second is an example of λέξις είρομένη with clauses
k n i t t e d by και or asyndeton through δε. A good example of asyndeton with
short staccato clauses, no d o u b t with stylistic significance, comes in fr. 81 Bl.,
1
Λέξεις με&' Ιστοριών in των Δημοσθένους λόγων, published by M. SAKKELION, Bulletin de correspondance
hellénique 1, 1877, lsqq., 137sqq. See J . TOLKIEHlí, loc. cit. 2478; Κ. J . DOVER, Classical Review, N. S. 5, 1955,
134sqq.
* D. WlLAMOWITZ, Aristoteles und Athen 1, Berlin 1893, 351sqq.
» Cf. Annual of the British School at Athens 50, 1955, 35-36.
1
Cf. F. JACOBY, Atthis, Oxford 1949, passim.
6
One could perhaps form an idea of the relation between the Latin translation and the Greek text by examining those passages of Rutilius of which the Greek text (of other orators) has been preserved.
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though the passage is corrupt. Characteristic use of και for tight connection
occurs in fr. 58 Bl.
It has already been noticed that Lycurgus was fond of the abstract subject.
The table in J. D. Denniston's Greek Prose Style, Oxford 1952, 29 shows that
he comes second only to Antiphon in this respect. His use of other (abstract)
expressions may be illustrated with a few specimens from the fragments:
εξοόιασμόν είληφότων (fr. 22 Bl.), is a rather bold periphrasis with λαμβάνειν,
originally poetical. Other examples are: απαρχάς ποιησαμένους (fr. 82 Bl.) and
τιροηροσίαν ποιήσασϋαι (fr. 84 Bl.): την άφορίαν επαυσεν (fr. 82 Bl.): αιχμαλώτων
γεγονότων (fr. 77 BL): υπόμνημα γεγονώς αισχύνης (ibidem): νομο&έτην γενόμενον
and άτιμώρητον άφεϊναι (fr. 63 Bl.) cf. modern Greek άφίνω άτιμώρητον: άαεβημα
γίγνεται in a papyrus fragment not in Blass ( = F. Durrbach, Lycurgue, Paris
1932,91). His use of infinitive with article may be illustrated by : τον μη επιορκεϊν
fr. 93 Bl. and το πλουτεϊν (twice) fr. 94 Bl. Abstract for concrete: ηλικία fr. 8 Bl.
For internal accusative cf. ών . . . φέρονσιν of fr. 82 Bl., where the relative was
attracted into the genitive. Three infinitives are substituted for abstract nouns
in fr. 91 Bl. Characteristic in this passage is also the splitting of the colon into
four (?) sentences and the contrast obtained between the two parts of the
sentence through μάλλον ή. The verb ττροηρηται applies to all four sentences
like δοκιμάζονται in fr. 18 Bl.
As regards the order of words : the verb is put at the end of the sentence :
δτι την άφορίαν ημών της χώρας ίκετηρία ή παρά τω 'Απόλλωνι τε&εϊσα επαυσεν (besides the main hyperbaton there is a milder one ίκετηρία ή . .. τε&εϊσα, whereas
in the phrase την άφορίαν ημών της χώρας the pronoun should logically come
last) fr. 82 Bl. : και γαρ νϋν πολλίς και μεγάλας ύμϊν τιμάς οφείλω ' και ζηλω παρά
πάσιν "Ελλησι μαντευομένοις τον Δία προηροσίαν ποιήσασ&αι fr. 84 Bl. : splitting of
the phrase τον τους μεν γεγραμμένους νόμους, δι ών ή δημοκρατία σώζεται, παραβαίνοντα and a milder hyperbaton έτερων δε μοχ&ηρων έξηγητην (είσηγ. edd.)
έ&ών fr. 63 Bl. : όσοι τοις από της φύσεως άγα&οΐς επί τα χείρω χρώνται (hyperbaton
within the splitted sentence with the verb at the end of the sentence) and a
milder hyperbaton των cbiò της φύσεως άγα&ών ύπαρξάντων where the penultimate position of άγα&ών, though it logically closes the phrase, is noteworthy
fr. 91 Bl.) .
Three participles are put at the end of the respective clauses for the sake of
emphasis in fr. 58 Bl., where one would rather expect οίκοδομησάμενος but perhaps
ελών and άνενεγκών influenced the choice of voice. Emphatic by position is also
μόνον in fr. 62 Bl. regulated by the rhythm, avoidance of hiatus and emphasis
(notice especially αβίωτος). Fr. 81 Bl. has on the whole a hissing tone indicative
of the speaker's angry mood. For fr. 77 Bl. see below p. 138, where the sense
corresponds as it seems to the form : notice also the position of εστρατήγεις and
its repetition in στρατηγοϋντος : the assonance . . χιλίων . . . -κότων, . . . διαχιλίων
... -νότων perhaps is not sought after : the hyperbaton το τοϋ ηλίου φως is mild
but effective: αισχύνης και ονείδους = "shameful reproach" is a hendiadys.
There is a hyperbole in fr. 13 Bl. and a bold simile with exaggeration in fr. 14 Bl.
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NICHOLAS O. CONOMIS
As regards hiatus what Blass remarked about Lycurgus' prose in general 1
applies also to the fragments. I did not notice any examples particularly harsh
and where hiatus occurs at the end of cola it is mitigated by a strong pause.
Besides the cases where hiatus occurs between at and a vowel or diphthong
which form a special category here are the main examples : τάλαντα αργυρίου είς
την άχρότιολιν άνενεγκών, ύαλλον στεφάνω έστεφανώ&η fr. 58 Β1. : γυνή ομονοίας
fr. 64 Β1. : σον ηγουμένου καΐ στρατηγονντος, τολμάς ζην καί το τον ηλίου φως όράν
fr. 77 Β1. : τάλλα έν δημοκρατία σοι ειπείν ... ol άλλοι αίσχννονται fr. 81 Β1.
(text corrupt): τω 'Απόλλωνι εμπροσ&εν . . . ίκετηρία ή παρά τω 'Απόλλωνι
τεϋεϊσα επαυσεν fr. 82 Β1. : το εκ fr. 94 Β1. : οι άλλοι "Ελληνες fr. 83 Β1.2
On the number of Lycurgus' speeches
There is an express statement in Pseudo-Plut. 843 c t h a t there were fifteen
speeches of Lycurgus. This number is given also by Photius Bibliotheca cod. 268,
but his information has no independent value as it seems to be taken from
Pseudo-Plutarch. I n the later and byzantine lists of the ten orators' speeches
this number is nowhere given 3 . Harpocration and the Souda, however, approach
this number; Harpocration gives fourteen titles and one of them seems to
comprise two speeches. On the other hand the speech entitled κατά Δ εξίππου is
not genuine. The Souda, s. Λνκονργος also gives the titles of fourteen speeches
but the 10th title επιστολαί και άλλα τινά means nothing except perhaps t h a t
some spurious letters were at one time in circulation under the name of Lycurgus. The same list occurs in the Violarium of Eudocia D C X I I I but this text
has no independent value ; both must come from the same source as the number
and the titles of the speeches correspond and only the introductory information
is longer in the Souda.
Harpocration did not pretend to give a systematic list of the orator's speeches
though, incidentally, his list is not far from complete 4 . The Souda, on the other
hand, though purporting to furnish the full list of the orator's genuine speeches,
omits one known from Harpocration απολογισμός ών πεπολίτενται (so also the
Violarium of Eudocia). Is it an indication t h a t this title was not actually t h a t
of a speech? With the slight information available this question should at
present be left open.
But how then was the number of fifteen speeches arrived at? I t seems that
soon after the death of the orators doubt and uncertainty about their work
prevailed. The first research into their speeches began at Alexandria with t h e
1
Die attische Beredsamkeit 3/2, 2nd ed. Leipzig 1898, 128.
' F. B l a s s , Lycurgi oratio in Leocratem, Leipzig 1899 (ed. maior), VI.
> See schol. on Aeschin. 2,18 (of cod. Coisliniano, 249); cod. Parisinus, 2991 A (in: J . F . Boissonade, Eunaplus, Paris 1822); F. N. T i t z e , Göttingische Gelehrte Anzeigen 81, 1823, 801 sqq.; Ch. W a l z , Praefatio ad Tryphonem = Rhetores Graeci 8, Stuttgart/Tübingen 1835, 72sqq. ; Palatinlsche Uiscellenhandschrift, n. 132
(F. Ckeczbk, Meletenlata 1, Leipzig 1817, 9); J . A. C r a m e r , Anecdote Oxoniensla 4, 1837, 25β (of cod. Barocciano, 12&); cod. Ambrosianus D 1 5 Suppl. Chartac. 8. The number η, r, ή, η, ην, ή given by those sources may
have derived as W. Studemtjnd, Hermes 2, 1867, 440sqq. suggested from the number NJ of the archetype and
the copist wrote η then φ and η or ϊ or from Η which was by oversight written N.
' He did not mention the speech ποός τάς μαντείας; the title περί τής ίε^ωσνρης is cited under the alternative
Κροχωψιδών διαδικασία πρός Κοιρωνίδας. Some other speeches are given under titles slightly different from those of
the Souda, cf. F . G. KIESSLING, Lycurgi deperditarum orationum fragmenta, Halle 1847, 15.
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well-known work of Caliimachus entitled πίνακες των εν πάση παιδεία διαλαμψάντων where the orators formed one of eigtht classes ; the work of the Alexandrians was followed by t h a t of the philologists of Pergamon 1 . However, it was
only afterwards, with Caecilius of Caleacte 2 and Dionysius of Halicarnassus,
t h a t criticism was applied to the information available at that time. I t seems
t h a t generally an enormous number of speeches was attributed to them for
Caecilius and Dionysius had to reject about half as spurious. Pseudo-Plutarch
more or less follows Caecilius and Dionysius, but the source of information
of the Souda's entry may have been an altogether different one from that
of the Pseudo-Plutarch.
When one comes to consider the transmission of the text one has to speculate
on how these speeches circulated among readers. Besides the speech Against
Leocrates, from which we have only a few and by no means important quotations 3
from lexicographic sources, there is prima facie a slight indication that perhaps
another speech was also known. I t is the speech Against Lysicles from which the
longest quotation among Lycurgus' extant fragments comes, for it is cited by
Diod. Sic. 16, 8 8 . 2 ; this citation, however, does not prove that the speech was
preserved whole a t the time of Diodorus. I t seems more likely that the passage
was inserted in some "hellenistic" historical work 4 , and that from there it was
taken afterwards by Diodorus; or that Diodorus' source was some early oratorical
treatise, like the later compositions of Dionysius of Halicarnassus, where extensive
passages from the orators treated were quoted by way of illustration. The fact
that Harpocration in the 2nd century A. D., long after Diodorus, quotes many
passages of Lycurgus does not necessarily indicate that he had access to the
speeches for we know how usual a practice it was for a lexicographer to make use
of the work of his predecessors without going himself to the texts cited. On the
other hand, as no other indications that the speeches of Lycurgus were in circulation
is preserved, one may assume that they were never widely known or read. I should
think that a part from the circulation of these speeches by Lycurgus himself during
the last years of his life or less probably by his family and his friends soon after
his death, perhaps no Alexandrian edition of all his speeches was ever undertaken
and executed. Though the Alexandrian Library presumably secured copies, and
these were available to scholars there is no indication that any of the authorities
quoted by the editors of Lycurgus for their judgement on his art under the section
1
The canoa of the orators is regarded either as the work of the Pergamene school (c. 125 B. C.) or as due to
Didymus (second half of the 1st century B. C.). On this point see further J. BKZOSKA, De canone decern o ra to rum
atticorum quaestiones, Diss. Breslau 1883, 16eqq. (he maintains the former view); II. E. MEIER, Opuscula Académica 1, Halle 1861, 120sqq.; P.HARTMANN, De canone decern oratorum, Güttingen 1891, 14sqq. (Caecilius);
H.USENBR, Dionysii Ballcarnassensis de imitatione librorum reliquiae, Bonn 1889, 120sqq. (the Alexandrian
Grammarians); cf. V. WILAKOWITZ, Die Textgeschichte der griechischen Lyriker, Berlin 1900,63sqq.; L. RADBR-
MACHRR, R E 10, 1919, 1 8 7 3 s q q .
1
The Souda, s. v. mentions among his work the Χαρακτήρες των I far όρων cf. F. BLASS, Die griechische Beredsamkeit in dem Zeitraum von Alexander bis auf Augustus, Berlin 1865,176 and 169—221.
' It is, however, to be noticed that the main quotation (Souda, β. παιορπημέτος) was very weakened partly
on account of the absence of the context and partly on account of the omission of the article τά before the word
Ιμάτια. For a categorical statement that the speech existed in whole cf. schol. on Aeschin. 3, 252: διαμένει ti xal
i λίγος (seil, contra Leocr.).
M « Cf. Diod. Sic. 17, 4.8 where part of Aeschines' speech 3,173 is quoted. This "hellenistic" historical work
would to all probability be a "history" of Athens favourably disposed towards her. It could not be Ephorus
as his history reached only up to 341 B. C.
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NICHOLAS O. CONOMIS
indicia veterum has read the speeches for himself. Leaving out Hyperides pro
Euxen. 12 col. 26 and assuming that every critic formed his judgement by his
own reading of the orator the extant speech of Lycurgus would suffice to supply
the material for all the expressed opinions. As for Hermogenes' phrase in τιερί
ιδεών Β p. 418 Sp. : . . . τροπικότεροι γάρ είσιν οι λόγοι μάλλον αντον, xal καταδρομήν εχοντες . . . it is not certain whether he is referring to several speeches
or only passages from his speeches 1 . The speech Against Leocrates therefore
seems an exception and must have been included sufficiently early in some
selection of the "minor" Attic orators, in which originates the one we have in
the mss A and Ν and their family. Otherwise there is no reason why it should
not have perished together with the other speeches of Lycurgus 2 .
The alternative, to which I was a t one time inclined, is to suppose t h a t
there was a selected edition of Lycurgus perhaps a single papyrus roll comprising two speeches — that Against Leocrates and that Against Menesaechmus —
published at Alexandria, from which our two papyrus fragments were derived.
But the first fragment 3 comes from the speech which is in any case extant and
cannot prove the existence of a different edition. The second fragment (XIV l ) 4 ,
as Prof. Pope pointed out to me, might have come from an antiquarian work,
e. g. περί ΰνσιών, cf. : δτι ονδ' όΐόν τε εστι ϋνσαι.
As regards the possible source of the commentators, on the other hand, I should
think that the commentary of Lycurgus' speeches from which the lexicographers
drew their information was originally based on a complete "edition" if his speeches
brought from Athens but apart from the first commentator (Didymus?) nobody
among the extant lexicographers need have seen this text himself. Finally as
regards the few entries dealing with figures of speech preserved in Latin, they may
be explained as a loan from some Greek collection and this does not necessarily presuppose a full edition of Lycurgus' speeches, except perhaps in the
case of the first compiler of the collection.
The spurious speeches
The speech of Lysias against Dexippus is wrongly attributed to Lycurgus by
Harpocration, s. σύνδικοι; it was recognised by Sauppe 5 and nowadays nobody
doubts that the speech actually belongs to Lysias.
In the Souda, s. μηλόβοτος Lycurgus is credited with a speech against Autocles but as this speech is elsewhere attributed to Hypsrides, Sauppe, 260
1
The statement of the Souda, s . Λ υ χ ο ΰ ρ γ ο ς t h a t : λόγοι δ'αύτον εϊσι γνήσιοι oí σψζόμενοι is to be doubted whether
it represented the true situation as obviously was the case with Phot. bibl. cod. 268 (p. 4 9 6 b 38 Bk.): Λυκούργου
ούπω παςέοχβν ήμϊν ¿ χρόνος λόγους άναγνώναι, φέρεσ&αι δέ α ι) roí· ίξ Ιστορίας ϊε μεμαάήχαμεν.
Cf. Κ . ZlEGLEB, R E 20,
1941, 717.
* J . Ο. B r a n 1 » statement (Minor Attic Orators, LOEB 2, London 1954,136) "at least thirteen published orations
of Lycurgus are recorded which, though extant for centuries after his death, are now lost" is both vague and
risky.
' Published by C. H. ROBERTS, Catalogue of the Greek and Latin papyri in the John Rylands Library 2,
Manchester 1938, 201.
' Published by W.CRÖNERT, Nachrichten von der Gesellschaft der Wissenschaften zu Göttingen, phil.-hist.
Kl. 1922, 4 5 - 4 6 .
5
J. G.BAITER and G. A. SACPPE, Oratores Attici 2, Zürich 1850, 183 (henceforth = SAUPPE); cf. Μ . E .
MEIER, Commentatio de vita Lycurgi, Halle 1847, CVII sqq. (in: KIESSLING, loc. cit.).
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Notes on the Fragments of Lycurgus
79
rightly argued for the latter's authorship and this is no longer doubted 1 .
Another speech of Hyperides, that Against Demades is once wrongly attributed
by the scholiast on Aristoph. plut. 690 to Lycurgus, see Dindorf in schol.
Aristoph. ad loc. and Hyperid. fr. 80. The quotation no. 6 b in Sauppe, 272
which is attributed to Lycurgus by the Etym. Magn. 789.1 definitely belongs
to Lysias as is shown by Harpocration's reference s. φάσις.
Moreover Lycurgus is mentioned in connection with some other prosecutions
where no speeches have been preserved 2 . Pseudo-Plut. 843d mentions that the
orator prosecuted (?) 3 Diphilus 4 in connection with the embezzlement by the
latter of state property from the mines of Laurium. Then Hyperides in his
defence of Euxenippus mentions Lycurgus as being the σνγκατήγορος of Polyeuctus, the main prosecutor of Euxenippus 5 . He is further mentioned as
calling Demades to account 6 . The speech of Dinarchus against Lycurgus
(Harpocr. s. διαγράψαντος) must have been delivered on the occasion of
Lycurgus' rendering of his accounts, as the index of Dionysius of Halicarnassus (p. 651) gives κατά Λυκούργου εν&νναι"1. Finally Lycurgus seems to
have helped, as synegoros with a second speech, Pytheas against a certain
Simmias at a time when the former stood on the "patriotic side" 8 .
I. In defence of his Policy
The title απολογισμός ών πεπολίτενται is given by Harpocration alone. The
Souda's list includes a title απολογία προς τον αυτόν (— Demades) υπέρ των
εύϋυνών. Kießling, 15® believed that both titles referred to the same speech,
and this view has been generally accepted 10 . But there is no positive evidence
for the identification. On the contrary our main source for Lycurgus' biography
mentions that on several occasions he rendered accounts of his administration 11 .
Moreover Pseudo-Plut. 842 sq. clearly states that this speech was delivered
against an accusation made by Menesaechmus and not by Demades. A third
occasion in which Lycurgus defended himself appears to be referred to in
1
Cf. F. BLASS, Attische Beredsamkeit 3/2, 20; Hyperid. frs. 55-65.
• KIESSLING, 18sq. writes in connection with these speeches: "Distinguendum enim est inter orationes recita tas tantum modo et scriptae editasque."
I
The verb used is êxgive (cf. contra Leocr. 1, 4: κράης); could it mean "had him judged" Lycurgus being the
official? For the part of the officials in the so-called treasury prosecutions see R. J. BONNES and G. SMITH, The
administration of justice from Homer to Aristotle 2, Chicago 1938, 32sq.
' J . KIRCHNER, Prosopographia Attica, Berlin 1901-1903, 44ββ.
5
F r o E u x e n . 3 , 12 : Olì Λνκονργον
¿πάλεις σνγχατηγορήσοντα,
όντα . .
• S e e D E FALCO, l o c . c i t . 21.
7
SAUPPE, 329; cf. also Harpocr. s. τρίτον
ήμίόραχμον.
οΰre τψ λέγειν
ούδβνός των èv τη ηόλει
χαταδεέοτεςον
' Cf. J. G. BAITER and G. A. SAUPPE, Lycurgi oratorie Attici reliquiae, ZOrich 1834, 161 ; F. BLASS, Attische
Beredsamkeit 3/2, 284; J . KIRCHNER, Prosopographia Attica, 12ββ5.
* Cf. also SAUPPE, 259, 272; F. DURRBACH, L'orateur Lycurgue, Paris 1889, 122, 124.
' · See Oratores Attici, ed. by C. MÜLLER, 2, Paris 1858, 353; F. BLASS, Attische Beredsamkeit 3/2, 108 aud
Lycurgi, Oratio in Leocratem, XLIII, 62; F. DURRBACH, L'orateur Lycurgue, 124 and Lycuigue, Contre Léocrate.
Fragments, Paris 1932, XXXIX.
II
Cf. IG II* 457, 20sqq.; Pseudo-Plut. 852d; Demosth. epist. 3,8.13. A series of accounts is also implied in
Pseudo-Plut. 842sq.; Phot. bibl. cod. 268 (p. 407a) is vague. How SAUPPE takes this fact to confirm the identification of the two speeches is beyond my comprehension: " . . . hanc orationem mihi videri earn esse, quam Suidas
tSirij των εύθννών inserí ptam fuisse tradidit. Ali quo modo hoc conflrmatur Stratoclis plebiscito: xai ΰιόούς εύόύνας
πολλάχις
των ηεπολιτενμένων
χτέ."
(p. 259).
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80
NICHOLAS E . CONOMIS
Dionysius of Halicarnas sus περί Δείναρχου 10 ( = Dinarch. fr. 8) 1 , where Dinärchus is stated to have made a speech entitled κατά Λυκούργου εν&υναι.
Further support for distinguishing the two speeches mentioned by Harpocration and the Souda comes from the different connotations of the terms
απολογία and απολογισμός. 'Απολογία is a specific term in opposition to κατηγορία — and especially in reference to euthynae 2 , see speech iv below. The word
απολογισμός on the other hand has a more general meaning, and needs no
specific accusation — which one does not see how his opponents could have
made in view of the existing limitations as regards the procedure in these
matters — to elicit it.
In the circumstances I see the following two possibilities: first that Lycurgus'
απολογισμός was a pamphlet issued by him after leaving office. It may have
contained a record of the accounts kept by him, but in any case it cannot have
been a forensic speech. In that case Pseudo-Plut. 842 sq. : μέλλων δε τελευτήσειν εις το μητρώον και το βουλεντήριον έκέλευσεν αυτόν κομκτ&ηναι, βσυλόμενος
εν&ννας δοϋναι των πεπολιτενμένων probably is a later invention the basis of
which might have been the speeches for the defence of Lycurgus' sons 3 . Had
the case been heard in court and decided, Lycurgus' sons could scarcely have
been later prosecuted and convicted apparently 4 on the same charge as
Pseudo-Plut. 842 e seems to imply. The second possibility is that suggested
by Meier® and Lipsius®, namely that this speech was not a forensic one,
for Lycurgus was not rendering accounts in the technical sense of the term.
As the expression ών ττεπολίτευται indicates the question dealt with was
that of his political activities as a whole. It was not, strictly speaking, an
απολογία though perhaps accusations were in a general sense launched against
him, but a speech delivered in public for the defence of his whole political
career 7 .
Though the four fragments which are stated to belong to this speech all refer
to administrative matters, we cannot assume that this was the case with the
whole of the speech. It may be, therefore, that fr. 5 also belongs here.
1. Δερματικό» (αργύρων) was the money collected from the sale of the hides
of sacrificial animals. Boeckh took the word in a broader meaning 8 , perhaps
correctly. For the form δερματικόν and its meaning one may compare ττρντανικόν
( = receipts from πρυτανεία1.) in IG X I 2, 287 A 13 (Delos, 3rd century B. C.).
As far as we know substantives in -ικόν are attested as early as the 5th century
Cf. also SAUPPE, 329; F . BLASS, Attische Beredsamkeit 3/2, 298.
* For the use of άπολο/ισμίς in an euthyna cf., e. g. Aeschin. 3, 247 ; Plut. Perici. 23, etc.
* Cf. Demosth. epist. 3 passim, especially 14,24. As regards Lycurgus' rendering of accounts in the Metroon
and the Bouleuterion one is not certain that a person out of office, or otherwise unauthorized by the magistrates,
could give his euthynae in the Bouleuterion.
* Cf. Demosth. epist. 3 , 1 3 : &U* ούχ ύτιέρ άνδρών neoatQéaeatç καί πολιτείας βσυλενόμβνοι; ibidem 14.
1
* In: KIE8SLINQ, CXXXVI.
• Das attische Recht und Rechtsverfahren 2/1, Leipzig 1905, 287.
7
See MEIER, in: KIESSLINO, L X I I - L X I I I ; F. DURRBACH, L'orateur Lycurgue, 38.124. The explanation
offered by J . Ο. Βπκττ, loc. cit. 138: " I t is strange that Suidas should have omitted it, b u t his list includes apparently only fourteen speeches, and, as the Pseudo-Plutarch (Lycurg. 39) credits Lycurgus with fifteen, there is
room for one more" makes no sense since Souda says nothing about fourteen speeches.
• CIG 251b: "pecunia ex hostiarum peUibus, cornibus, vesicis, chordis et talibus contracta"; cf. idem, Die
Staatshaushaltung der Athener 2, 3rd ed. Berlin 1886, 108. He is followed by F. DURRBACH, L'orateur Lycurgue,
XXXI.
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Notes on the Fragmente of Lycurgus
81
B.C. 1 ; this class of substantives was further greatly enlarged from the second
half of the 4 th century onwards.
Lycurgus most probably regulated the sale of the hides, for which our evidence
begins in 334/333 2 , by precisely defining the occasions when the hides should
be sold for the benefit of the state. Nilsson 3 thinks that Lycurgus on this point
was following an old Athenian custom. Thi# would not be surprising as in his
religious activities he was very often a reviver of older rites.
The inscription IG I I 2 1496 A shows the sum received from the hides sold
for the benefit of the state in a number of festivals between 334 and 331. In
the year 334/333 for instance, the κεφάλων» δερματικού from public sacrifices
offered in the course of seven months was 5099 drachmas, 4 obols 4 . The same
inscription supplies the names of the festivals from which the hides were sold.
For the remaining festivals we may assume that the hides were given to religious
officials®, for otherwise they would have been included in the list.
2. 'Εδωλιάζειν (< εδώλια) means usually "to furnish with seats" 6 , either of
the benches of a ship 7 or theatre 8 , or of any similar objects 9 . Συγχα&Ιζειν on
the other hand, would generally mean to make to "sit together", but in this
context as it seëms "provide seats that people may sit together".
The glosses, in lexicographers, which mention εδωλιάσαι may be divided
into two classes. The first group explains εδωλιάσαι by σνγκα&ίσαι10. The second
dwells on the difference between εδωλιάσαι and Ικριώσαι11. The phrase τόπον
τινά in the Souda seems to mean "place, room for one to sit". I t is a meaning
which the word has in later Greek 12 . I t was also in use during Byzantine times
and survives in Modern Gçeek. Hence έδωλιάζειν simply means "to join planks
together in order to provide places where the people may sit." The word of
the lexicographer ξύλων reminds us of the πρώτον ξνλον13, the front bench of
an Athenian cour tor theatref ! ), and the official υπό των ξύλων who, as it seems,
had to take care of the seats 14 . If this is the meaning of έδωλιάζειν, then the
1
See P. Chantbaine, Études sur le vocabulaire grec, Paris 1959,97eqq. and Classical Review, Ν. S. 5,1955,207.
• A.Boeckh, Staatshaushaltuiig 2,104; U.Köhlek, IGII'1493,1496; M. Nilsson, Geschichte der griechischen
Religion 1, 2nd ed. Manchen 1955, 732; Idem, Cults, myths, oracles, and politics in ancient Greece, Lund 1951, 48.
• Geschichte der griechischen Seligion 1, 732.
' Cf. SylL* 1029, 26sqq. In IG II a 135β, β (4th centery B. C.) a hide is worth three drachmas. The Buphonia
in honour of Zeus Soter yielded 2610'/· drachmas (IG II* 1496, 118).
' It is perhaps worth mentioning that wherever the custom of sacrifice survives in modern Greece, the hides
are either as a part of the rite given to the priest (cf. Λαογραφία 4, 1911/12, 166) as a reward for performing the
rite, or they are sold and the money is contributed towards the cost of the sacrifice.
• Cf. IG X I 2, 287 Λ 81 (Délos 3rd century Β. C.): χαΐ igydrrn; ίόωλιάαααιν (= qui subeelliis instruxerunt) ;
IG II* 1176, 12 (360 Β. C.): ήδωλιααμένη àia (•= a spectacle for which seats are provided). See particulars in
C. Anti, Teatri greci arcaici, Padova 1947, 137.
' See Herodt. 1,24.5; Sophocl. Aias 1277/1278; Eurip. Hel. 1521, etc. Among later authorities cf. also Hesych.,
the Souda, s. ϋώλια; Eusthath. Comment. 153, 35, etc.
' Cf. PoUux 4,121,132.
' But at Pollux 3, 90, the words shew that he had in mind some limited sense of the word.
"11 Pollux 4,121 ; the Souda, Zonar. s. itmXidaaι and elsewhere.
E. g. the Souda, s. itaihdam ; I. Bbkker, Anecdota Graeca 1, Berlin 1814, 259.32 (= Etym. Hagn. 317.12).
11
For instance Ulpian on Demosth. Olynth. 1 , 1 : πολλών ϋεωμ^ων
nal οτασιαζόνχω» διά τόν τόπον . . . των
πλονσίωτ άγοραζάττίορ τούς τόπον ς, βονλάμενυς (Πε&χλής) àçiaat τφ όήμφ xai τοϊς πέτηαίν, Ira ζχωαι xal ούτοι τόπονς
χλπ.; schol. A r i s t o p h . e q u . 5 7 5 : έξην ti ini τοις της τιμής ταύτης τνχοϋσι xal ir βουλαπηρίφ
καΐ ir ¿χχλησίφ xal ir
Φβάτροις xal ir άλλψ nani σνλλόγψ τούς προχαταλαμβάνοντας,
οΐ τίνες ήσαν, ¿ξεγίΐρανταζ αύτούς είς τòr éxtívotv τόπον
χα&Ισαι ; Hesych. s. ν. ôia παρ' αίγεί&ρ, etc. ; ίφηβιχός τόπος was part of the theatre reserved for the ephebol.
Aristoph. Acharn. 25 ; vesp. 90 and schol. ad loc. ; Pollux 4,121: πρώτο» ti &JLor ή ntoeSçla χλπ. cf. 8, 133 ;
Hesych., Phot. s. ξύλον πρώτον.
" Explained differently by Kock ( = J. M. Edmonds, The fragments of the Attic comedy 1, Leiden 1957) on
Hermipp. fr. 9 but cf. O. A. W. DiLKE, Annual of the British School at Athens 43,1948,165: "They (the prohedriae) were almost certainly wooden."
6 KLIO
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82
NICHOLAS O. C O N O M S
Souda's σνντι&έντων would improve if συντε&έντων were read in conformity with
the other lexicographers.
As regards Ικριονν I believe that this awkward expression refers to the ϊκρια
as used in the Attic theatre, and occasionally in the assemblies1. Moreover,
as ϊκρια are used in connection with a theatre it refers to its wooden benches2,
and in consequence Ικριονν άέατρον means to furnish it with wooden benches 3
arranged amphitheatrically on a timber platform, while εδώλια — later in this
meaning — seems to mean permanent seats constructed either of wood or of
marble. The lexicographers are justified to a certain extent in making a distinction between the two words, but their terms are vague and hardly suggest what
they want to express. However, what is curious is the assertion of the Souda
that this meaning of Ικριώσαι was in common use; if it really was it means
that the use was retained from the language of the theatre.
As the theatre of Dionysus at Athens was restored by Lycurgus and provided
with marble seats (about 330 B. C.) 4 , it was reasonable that the orator's editors
should think that he was referring to these seats. This is the only probable
suggestion5.
The evidence for Lycurgus' completion of the theatre is given by PickardCambridge, loc. cit. 137 :
i) Hyper, fr. 118 (or. 31): . . . φκοδόμησε το άέατρον . . .
ii) IG II 2 351, see Pickard-Cambridge, loc. cit.
iii) I Gr I I 2 457 : . . . [και το άέατρον το] Αιοννσιακόν έξηργάσατο.
iv) Pseudo-Plut. 852 c: . . . και το ΰέατρσν το Αιοννσιακόν εξειργάσατο . . .
ν) Pseudo-Plut. 841 d: . . . και το εν Διονύσου &έατρον επιστατών επετέλεσεν.
vi) Pausan. 1, 29. 16: . . . έπετέλεσε μεν το ΰέατρσν . . .
To this fact probably refers part of an inscription found by A. Oeconomides
of Athens at a locality near the theatre of Dionysus. The text as communicated
to me reads as follows:
ΔΙΤΗΝΟΙΚΟΔ OMIAN
ΉΣΘΑΙΛΙΘΟΙΣΚΑΙ
. ΟΥΑΪΟΝΥΣΟΥΟΤΑΝΑ
5 ΑΠΑΝΤΑΟΡΘΑΚΑΙΕ
1 Cf. Hesych. 8. Ιχρία . . . τά ini τοις ξύλοις χατασχεναζόμενα άεωρεία . . . και τα çtUil'n, όντως έλίγοντο W#ϊ/ιτ/σιν,
άφ' ών έθεώντο; Souda, S. txçla . . . xai τά των θεάτρων, d ήσαν xai ¿P τ αϊ ς έχχλησίαις· ¿ni ξύλων yàç έχά&ηντο πριν
γένηται τό ôéatçov, ξύλα έόέσμευον xai οΟτως ê&ewgow; Hesych. 8. παρ* alyeigov 6¿a . . . τα ixgia, â ίοτιν όρ&ά ξύλα,
έχοντα σανίδας προσδεδεμένας, οίον βα&μαύς, έφ* αίς ¿χα&έζοντο, jrgd τον χατασχενασ&ήναι τά άέατρον, χλπ. See more
passages in A.W. PICKARD-CAMBRIDGE, The theatre of Dionysus in Athens, Oxford 1946, l l s q q . For representations
of Ixçta on vases see E . PFUHL, Malerei und Zeichnung der Griechen 1, München 1923, § 249; Y . BÉQUIGNON,
Fondation Eugene P i o t : Monuments et Mémoires publiés par l'Academle des Inscriptions et Belles Lettres 33, 1933,
44 fig. l a n d further references in E.MARTIN, Recherches sur l'agora grecque, Paris 1951, 254. See also A.FRICKBNHAUS, R E 9, 1916, 992—995; O. A. DILKB, loc. cit. 150; R . MARTIN, Revue de Philologie 31, 1957, 72sqq.;
T . Β . L.WEBSTER, Bulletin of the J o h n Rylands Library 42, I960, 495sqq.; R . E . WYCHERLEY, Annual of the
British School at Athens 55, I960, 6 3 - 6 4 .
' Besides the previous passages cf. Cratin. fr. 323; Aristoph. thesm. 395; Athen. 167sq.
' Dio. Cass. 4, 3. 22, 59. 7.
* Cf. Hyper, fr. 112; see C. ANTI, loc. cit. 215. Cf. also H.A.THOMPSON, Hesperia 12, 1943, 300; T . Β . L.
WEBSTER, Greek theatre production, London 1956, 20sqq. and 43sqq.; idem. Bulletin of the J o h n Rylands
Library, 495sqq.
' SACPPE, 259, however, maintained that the fragment referred to the navy. On Lycurgus' restoration of the
theatre see A. W. PICKARD-CAMBRIDQE, loc. cit. 136sqq.; R . E. WYCHERLEY, How the Greek built cities, London
1949, 170; Annual of the British School at Athens 45, 1950, 2 1 - 2 2 .
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Notes on the Fragments of Lycurgus
83
:ΙΨΩΣΙΝΠΡ0ΣΤΗ1ΣΚΗ
ΛΛΑΓΙΊΏΛΑΒΩΝΠΑ
ΟΝΟΣΑΡΝΕΙΤΗΣΜΙ
ΧΩΝΤΟΥΣΔΕΔΗΜ
10 ΔΙΔ ΟΝΤΑΣΠΛΗΝΟ
ΡΑΩΚΑΣ"
D'
Apparently the fragment formed part of an inscription referring to the
restoration and embellishment of the theatre which was brought to completion
by Lycurgus. I t does not seem likely that it formed part of IG I P 457 as one
might at first think for it exclusively speaks of the theatre of Di*nysus. A few
things regarding Lycurgus' part in the completion of the theatre are obvious
from this fragment. L. 2 : την οίκοδομίαν leaves no doubt about the building
of the theatre 1 . L. 3: λίθοις και shows that besides stones some other sort of
material was used. Λίϋος here is very probably the marble 2 . I n 1. 4, whatever the restoration, it is plain that the theatre of Dionysus is m e a n t 3 ; towards
the end of the line, however, if ΟΤΑΝ Δ \HPÄ\ ? is to be read the term ανδηρα
which was used for the first time as far as our evidence goes by Hyperides
(fr. 113) would indicate that the place round the theatre was embellished with
borders for plants or flowers. L. 5 : άπαντα όρϋά και E indicates a filli-scale
restoration, while 1.6: [έξ]1ψωσιν προς τή σκη[νη] shows some innovations as
regards the height of the stage 4 . Lines 7—11 seem to be occupied with particulars
concerning the financial means which were used and the circumstances of the
completion of the work.
3. I t seems t h a t the reason the Parthenon was called rΕκατόμπεδον or Έκατόμπεδος νεώς was obscure even in antiquity. Between the two terms, however,
there was a slight difference. I t was as it seems only the east cella of the Parthenon which was known as the Έκαχόμπεδος νεώς6·, it was the entire temple on
the other hand, which was known as 'Εκατόμπεδος8 or 'Εκατόμπεδον''.
Έκαχόμπεδος as it seems is derived from εκατόν πόδας ; this is clear in Julian,
epist. 180: νεώς εχαχονταπέδονς*. In Plutarch® even the expression εκαχομπέδονς Παρθενώνας occurs. Whether εκατόμπεδος is the original form or less
1
For the use of the term cf. IG I* 338.15 (prob.); Thucyd. 1, 93, etc.
' Cf. IG I" 24. 12; Herodt. 1, 164; cf. Aristoph. aves 812/13 (?): νεώς . . . Ιιβίνονς-, Xenoph. Laced. 3. 5: τά
λίθινα, etc.
' For inscriptional evidence as regards the association of Lycurgus with building activities in general cf. IG II*
1672.10. 302; SEG III 140. 65sqq.
• As regards the innovations of Lycurgus of the σκηνή see Τ. B. L. WEBSTER, Greek theatre production,
20sqq.
' IG I* 4. 256-275; cf. American Journal of Archaeology, 2nd series 36, 1932, 166 note 2; W. B. DINSMOOR,
American Journal of Archaeology, 2nd series 61, 1947, 123 note 73, etc.
• Plut, de glor. Athen. 7, β; de soli. anim. 13; Cato maior 5; Ai i Mid. 51, 61; I. BKKKEK, Anecdota Graeca,
383. 15, Hesych., the Souda, s. v., etc.
' I. BKKKEK, Anecdota Graeca, 247. 24; Etym. Magn. 321. 21; Bullétin de correspondance hellénique 1, 1877,
149 (glossa Patmia quotes Lycurgus' fr. 58); cf. A. MICHAELIS, Arx Atbenarum, Bonn 1901, 24, 32* 32***;
W. JUDEICH, Hermes 64, 1929, 399 note 1; W. B. DINSMOOR, American Journal of Archaeology, 2nd series 51,
1947, 123 note 74; I. TH. HILL·, The ancient city of Athens, London 1953, 138 and note on p. 238.
' Cf. Λχατίπεδος an& τριαχοντάπεδος both from Heracleia in: C. D. BUCK, The Greek dialects, Chicago 1955,
361b and 372a. The form ίχατοντάπείος was created by analogy after τοιαχοντώζεβος. In Hesych. s. ίχατόμαεόος
we read : μείζων τον έμπσηα&έντος Qnò. των ΙΤερσών nool
πεντήκοντα.
• Perici. 13.
6*
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84
NICHOLAS O. CONOMIS
probably a shortened form by haplology of εκατοντάπεόος one may reasonably
assume that the name was attributed to temples of roughly a hundred feet in
length 1 . But as the Parthenon did not have those dimensions 2 and as it is
safely attested both by literary texts and epigraphical evidence that on the
Acropolis there was an older temple called Έχατόμπεδον the explanation usually
given, that the name was inherited from an older building, seems reasonable.
Whether the older building was a temple, or merely a sacred enclosure, we are
unable to decide.
Most scholars accept the view that the term Έκατόμπεδος was taken up from
an older temple on the Acropolis, the Hekatompedon proper 8 . However, the
location and identification of this temple has been, and still is, a matter of
archaeological dispute 4 . Other scholars, bearing in mind the 'Εκατόμπεδον
Αωόωνεων& and certain epigraphical d o c u m e n t s b e l i e v e that the Athenian
Hekatompedon was not a temple but a sacred enclosure 7 . I t would be altogether
noteworthy i f Lycurgus is the first prose-writer to use Hekatompedon (and he
does it twice cf. below ix fr. 2) in order to denote, according to the lexicographer
in this place also, the whole of the Parthenon and not, like the official fifth and
fourth-century documents, parts of the building. Yet it is not improbable that
Harpocration is mistaken and that Lycurgus mentioned here the Hekatompedon
proper, since this was where the votives of the gods were stored 8 ; in that case
it would denote only a part of the temple.
4. A certain distinction is made between νεώρια9 and νεώσοικοι. Νεώσοικος
is a dock· and by the plural (most frequently used) the shipsheds or the slips
under which ships could be built, repaired or laid up during winter are meant 10 .
I t is equivalent, it seems, to the words επίστιον (TO) Horn. Od. ζ 265, the later
νεώλκιον (τό) Appian. bell. civ. 5, 100 and νεών (o) 11 . On the other hand νεώριον
means the dockyards and the docks, including the area where these were
I I . BKKKER, Anecdota Graeca, 247. 24 : νεώς έστί της ' Αθηνάς ποδών ¿xaròv ix πάσης πλευράς κλπ. cannot be
trae. See further A. yon BLUMENTHAL Rheinisches Museum 85, 1936, 375; Ο. HOFFHANN, Ciotta 28, 1940,
63—64.
- * The approximate length of the stylobate of the Parthenon at the east side, about one hundred feet, cannot
here be taken into account. — That the ancients were perplexed by the apparently inappropriate name becomes
clear from the explanation given by Harpocration as against Henecles or Kalllcrates (see F . JACOBT, FGrHlst
on 3 Ϊ 0 F 3). According to Meneclea the Parthenon took this name because of its beauty and symmetry and not
because of its size. He took that is to say the first component not literally but metaphorically. It is just the same
in the case of έχατομβαιών cf. I.BEKKER, Anecdota Graeca, 2 4 7 . 1 ( = Etym. Magn. s. v.) and glossa Patmia in :
Bulletin de correspondance hellénique 1, 1877, 140 which, however, seems corrupt. Perhaps here belongs an
entry of Hesych. s. έχατό<μ>πεΛον· τό θέατρον...
• IG I" 3—4.
4 A recent contribution to the question is DINSMOOR'S paper: The Hekatompedon on the Athenian Acropolis,
in: American Journal of Archaeology, 2nd series 51, 1947, 109sqq.
. » Ptolem. geogr. 3 . 1 3 . 5.
• For instance, IG I ' 4.
7 Cf. W . JCDEICH, loc. cit. 398; G. W. ELDEEKIN, Hesperia 1 0 , 1 9 4 1 , 1 2 3 - 1 2 4 makes the interesting suggestion
that the name Hekatompedon was taken over by Athena from Zeus whose court on the Acropolis was the Έχατόμπεδον Ββχος.
• See A. BOECKH, Staatshaushaltung, passim; W. S. FERGUSON, The treasurers of Athena, Cambridge Mass.
1932, 108sq. and passim.
• For a thorough discussion on the meanings of νεώριον see A. BOECKH, Seeurkunden über das Seewesen dee
attischen Staates, Berlin 1840, 64sqq.
' · See H. G. LIDDELL and R . SCOTT, Greek Lexicon, revised ed. by Η. STUART JONES, Oxford 1 9 2 5 - 1 9 4 0 ;
cf. Phot. s. νεώαοίχοι; I. BEKKF.R, Anecdota Graeca, 282, 3; representation in: American Journal of Archaeology,
2nd series 8, 1904, 227.
I I H. ERBSE, Untersuchungen zu den attlzlstischen Lexika, in : Abhandlungen der Deutschen Akademie der
Wissenschaften zu Berlin, phil.-hist. Kl. 2 1 , 1 9 4 9 , Anm. 11 ; Hesych., Phot. s. v. In Hesych.s. viaov άγχνροβόλιον, l
should be inclined to read νεών, cf. idem, s. νεώνας.
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Notes oil the Fragments of Lycurgus
situated 1 . This meaning is also attested from the documents 2 , where indeed
it is more generally used and includes the νεώσοικοι3. The use of the plural
was sometimes unavoidable, as the Athenian dockyards were situated in three
separate localities 4 . But sometimes the plural was used irrespective of local
distribution to mean the enclosed area of the port, where the shipsheds and the
arsenal were situated, as wall as the place where the ships were taken ashore
and set on dry land 5 .
According to quite early evidence, the word νεώριον was also used in the
plural with the meaning of νεώσοικοι*. Thus the superintendents of the dockyards, the έπιμεληται τοϋ νεωρίου7 or νεωροί8, were usually called νεωρίων êmμεληταί.
From νεώρια (= νεώσοικοι), which use seems to have prevailed to some
extent 9 , and by a reverse process, νεώριον came to mean what νεώσοικοι meant 10 .
Lycurgus used the word in contra Leocr. 59 with almost the same meaning
as the one supposed by Harpocration to be used in this speech. If one is to judge
from Andocides' extant speech, where only the word νεώσοικοι is found 11 , it is
doubtful whether Lycurgus made use of both words. If he had used it it would
be reasonably safe to assume that it was used in reference to the shipyards
completed by himself. The construction of the shipsheds was begun before he
came into office, but it was suspended because of the war against Philip 12 . This
falls within the archonship of Lysimachides (339/338)1S. Part of these shipsheds,
which were destroyed in 66 B. C. by Sulla11, came to light in the trial excavation 15 .
5. The historical circumstances reflected in the passage are not yet identified.
Kiessling, 121 suggested the spring of 342 but Sauppe rightly objected, for,
according to Aeschin. 3, 83, a war resulted, a fact which is here denied by the
speaker.
II. Against Aristogeiton
The facts, the attendant circumstances and the nature of the prosecution of
Aristogeiton by Lycurgus and Demosthenes 16 have been related several times 17 .
1
E . g . I . BKKKKR, A n e c d o t a G r a e c a , 2 8 2 . 3 : νεώσοικοι • καταγώγια
τώρ νε&ν. Ore μή άαλατχενοιεντά pethçta di ή των δλων
πβφβοΑή.
ini
της ΟαΛάττης
φχοόομημένα
εις
ύττοόοχήν
• For Instance, IG I* 67. 53, 73.10, 74. 23, 91. 31; SEO X 142, etc.
• In some cases it even means *ιμή* cf. Thacyd. 2, 93; Hesych. s. νεώριον. The same meaning is wrongly given
a l s o t o νβώσοίΜος i n A . LUUWICH, l o c . c i t . 77.
• Cf. IG II* 1611. 2, ibidem a 13,1613 b. 284, etc.
• Cf. Demerath. 14, 22. 23; A. BOECKH, Staatehaushaltung, 66.
• Cf. Earip. Hei. 1530; Thacyd. 3,92. β; Lys. 12,99; 13, 4β; Plat. Crit. 115c; IG I I ' 1611a. 12 <357/356B.C).
' IG I ' 73. 4.19.
· IG I» 74.11.
· Diod. 14, 79.1.
" Cf. e. g. Polyb. 36, 5. 9: τό τής Ιχχαιβ$χήρου νεώριο»; schoi. Aristoph. pax 145 and some of the lexicographers.
" Cf. also A. BOECKH, Staatahaushaltung, 66.
" ( f . Pseudo-Phlt. 841 d, 852c; Phot. bibl. cod. 268; F. JACOBY on Philoch. FGrHist 328 F 56.
" See J . KIRCHNER, Prosopographia Attica, 8. v.
" Cie. ad fam. 4,5. 4; Plat. Salla 14.
" For the Athenian dockyards in general see C. WACHSMETH, Die Stadt Athen im Altertum 2, Leipzig 1874,
60-74; J. G. FRAZER, Paosanias's description of Greece 2, London 1898, 14-17; H. HrrziQ and H. BLUEMNER,
Pausaníae Graeciae descriptio 1, Leipzig 1896, 118-119.
" That Demosthenes was a joint-prosecutor is not entirely above suspicion, see M. POHLENZ, Nachrichten von
der Gesellschaft der Wissenschaften zu Güttingen, phil.-hlst, EI., 1924, 20.
" F. DÜRRBACH, L'orateur Lycurgue, 141-144; F. BLASS, Attische Beredsamkeit, 3/1, 408sqq; J. KIRCHNER,
Prosopographia Attica, 1775; F. DÜRRBACH, Lycurgue, XLVI-XLVII; G. MATHIEU, Démosthène 4, Paris 1947.
140sqq.
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NICHOLAS O. CONOMIS
The kind of accusation was an ενδειξις1 for Aristogeiton had discharged public
functions for which he had been disqualified. The same kind of accusation was
used against P y t h e a s 2 and by Demosthenes against Theocrines 3 . I t must be
remembered t h a t Aristogeiton belonged to the pro-Macedonian party and that
he had attacked the decree of Hyperides 4 . This would certainly have been a
strong motive for prosecuting him 5 . P. Treves® considers the pro-Macedonian
leanings of Aristogeiton entirely responsible for the accusation. From what is
known about the activities of the Athenian politicians, especially during the
4th century, and from the information contained in Testim. 2 t h a t : αντόν
oi περί Λνκονργον ενέδειξαν together with the fact t h a t Philocrates from Eleusis 7 supported Aristogeiton, it may be assumed t h a t political motives were behind
the prosecution.
The date of the speech was approximately fixed by Kießling 8 between 331
and 324. From what Dinarchus says in his speech against Aristogeiton (cf.
Testim. 5), one has t h e impression t h a t the lawsuit took place a t a time closely
preceding t h a t of the case of Harpalus 9 , when Dinarchus, as is well known,
accused Aristogeiton of corruption. For this reason Kirchner following Schäfer
regarded the speech as delivered "c. a. 325" 1 0 , Mathieu 1 1 in 324, while Blass 13
placed it at the „letzte Zeit Alexanders".
According to Phot. bibl. cod. 265,491a, 35ff. ( = Testim. l b ) , Aristogeiton
answered the accusations of Lycurgus and Demosthenes by a speech in his own
defence. I t is known from Photius ( = Testim. l a ) and the Souda, s. 'Αριστογείτων (— Eud. viol. 146) t h a t he was an orator and some rhetorical treatises 1 3
a d d t h a t he represented the so-called συκοφαντική ρητορική.
The scanty extant quotations of the speech do not allow us to form an idea
of its structure. Yet the summary of Libanius of the speech of Demosthenes
( = Testim. 2), gives a rough idea of the main points on which the arguments of
the prosecution were directed. I t is known t h a t the main exposition of facts
was undertaken and carried out by Lycurgus (cf. Testim. 2,4e). In relation to
the actual delivery we are informed t h a t Lycurgus p u t a great emphasis on his
words (νπερδιατεινόμενον, Testim. 3) and greatly exerted himself during the speech.
1
Demosth. 25,14: τά μέν οϋν περί της ¿νόείξεως χαί των νόμων ôbtaia αύτόν, δπερ πεποίηχεν, Λνχοΰργσ»
ίρεϊν
ήγούμηρ; cf. ibidem 17. 69. 71 ; Harpocr. s. Ινόειίις. See Pollux 8, 49; the Souda, Lexicon Rhetoricum CanUbrigiense, ed. Ε. O. HOUTSMA, Leyden 1870; Zonar. Lex. s. ¿νάειξις ; Etym. Magn. 338. 49; Bulletin de correspondance
hellénique 1, 1877, 1β. Modem authorities: J.H.Lipsius, Das attische Recht und Rechtsverfahren, 331 sqq.;
R . J . B O N N E R a n d G . SMITH, T h e a d m i n i s t r a t i o n of j u s t i c e 2 , 2 7 3 .
ξ
Cf. SAUPPE, 311.
» H a r p o c r . s . άγραφίου.
' Ci. Fseudo-Plut. 849a and the fragment from Aristogeiton's speech in: K. JANDER, Oratorum et rhetorum
graecorum fragmenta nuper reperto, Bonn 1913, fr. 32.
• For the prosecution used as political weapon see R. J . BONNER and O. SMITH, The administration of justice
2, 23, 24, 43sq., 5äsq.
' Demostene e la libertà greca, Bari 1933, 166 note 1.
' J . KIRCHNER, P r o s o p o g r a p h i a A t t i c a , 1 4 6 0 9 .
• Quaestionum Atticarumspecimen 4, Gießen 1832, 4sqq.; idem, Lycurgi deperditarum orationum fragmenta,
20sqq; cf. SAUPPE, 259.
• So M. POHLENZ, loc. cit. 20 note 2: „nicht lange Zeit vor 324."
10
J . KIRCHNER, Prosopographia Attica, s. 'Αριστογείτων, and elsewhere.
" Loc. cit. 141.
" Attische Beredsamkeit 3/2, 109.
" Cf. Prolegomenon Sylloge (ed. H. RABE), 38. 5, 66.13, 199.13, 243. 2. In connection with this kind of rhetoric it is worth mentioning that the whole speech of Demosthenes contra Aristogeiton is actually based on sycophantic accusations against him, cf. Testim. 2 : ό ό'δλος αύτφ λόγος τον Άριστογείτονος βίου χατηγορίαν περέχει
and Demosth. 25, 38, 41, 51—55; with this compare Isocr. 15, 312-320.
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87
I t was suggested by Westermann 1 that the author of the first of the two
speeches against Aristogeiton which have come down under the name of Demosthenes but whose authorship was doubted even in antiquity 2 , had borrowed
the main facts from Lycurgus' speech, or from some other reliable source.
However, this cannot be verified as the extant fragments from the speech of
Lycurgus, with the exception of nos. 1 and 6, do not seem to tally with the
pseudo-Demosthenic speeches.
About the result of the case we are not certain. Dinarchus' speech Against
Aristogeiton (§ 13) shows t h a t he was condemned and handed over to the
Eleven (cf. Testim. 5).
1. From Pseudo-Demosthenes' statement ( = Testim. 4e) we learn t h a t
Lycurgus invoked the Mother of the Gods and his invocation shouíd not perhaps
be taken only as the usual oratorical practice of invoking a god's name for the
sake of emphasis 3 . Lycurgus in the speech Against Leocrates (§ 66) mentioned
the Metroon as the place where the laws were kept, a n d Demosthenes in the
fi ret speech Against Aristogeiton (§ 98) referred t o t h e same place in connection
with the laws being stored there. The present quotation probably refers t o the
•same practice: the storing of the laws in the Record Office 4 . As the entry now
s t a n d s , i t s e e m s t h a t t h e w o r d s : τους νόμους ε&εντο άναγρόφαντες εν τω Μητρώω
are Lycurgus' own. I t s connection with the Metroon of the Agora and the
state-archives is then plain; t h e phrase perhaps is not strictly technical
but means generally t h a t t h e laws were written down and set out a t the
Metroon. For this use of t h e verb άναγράφειν cf. e. g. Andoc. 1, 82. 83 sqq.
85 sqq. 89, etc.
The speaker exhorts the jury to exact legal penalty; their ancestors wrote
the laws down and deposited them á t the Metroon so t h a t the men of the j u r y
might always be reminded of their duty, or in order t h a t wrong-doers might
not be able to deceive t h e m 5 . Or if one is to connect the invocation of Athena
and t h a t of the Mother of the Gods® one might perhaps infer t h a t he was expressing his horror a t Aristogeiton's blasphemy: by his conduct he offended
first Athena a t whose temple the debtors' record was kept 7 and then the
Mother of Gods under whose care the laws concerning the public debtors were
stored.
Quaestionum Demosthemcarum 3, Leipzig 1834, 3. 94sqq.; A. BOECKFL, Seeurkunden, 538sqq.; SAUPPE, 259.
• Cf. Dion. Halic. opuse. 1, 251.1, 291, 9, 292. 18; Harpocr. 8. v. βεα^Ις and maJijc; Pollux 10, 155. For a
summary of opinions on the two speeches (up to 1834) see A. WBSTRBMANN, De Iltlbus qua« Demosthenes o ra vit
ipse, Leipzig 1834,94-98 and (up to 1886) S. H. BUTCHER, Classical Review 1,1887,221. Among more recent authorities the first speech was defended by H. WBU, Revue de Philologie 6, 1882,1 sqq. ; idem, Les plaidoyers politiques
de Démosthines 2, Paris 1886, 287sqq.; F. BLASS, Attische Beredsamkeit 3/1, 410 who thinks that it is a μελέτη ;
P. TREVES, Athenaeum 24,1936, 257 author unknown; cf. ídem, Licurgo, l'orazione contro Leocrate, Milano 1934,
on § 2; cf. also H. POHLENZ, loc. cit. 19sqq.; C. H. KRAHER, De priore Demosthenis adversus Aristogltonem
oratione, Leipzig 1930; W. KROLL, RE Suppl. 7, 1940. 1070; G. MATHIEU, loc. cit. 142sqq.: "Une deuterologie
reéllement prononcée dans le procès intenté & Aristogeiton par Lycurgue et consorts."
' As F. BLASS, Attische Beredsamkeit 3/2, 332 note 4 and others thought. — For the use of invocation in the
form of an apostrophe and its effectiveness see Longus de subi. 16,2—4; cf. Quintili 9 , 2 . 3 8 .
4
The Souda (Phot. s. Mητοφον), s. ν. μητοαγύςτης . . . έχρώϊτο 6έ τφ Μητοφψ άςχείψ noi νομοφυλαχβίψ; idem,
s.Μητοφον; Julian.orat.5 p. 159b; schol. Aeschiñ. 3,187; schol. Aristoph. plut. 431; Athen.p. 124 e, etc. About
the Metroon see R. E.WYCHERLET, The Athenian Agora: Testimonia, In: American School of Classical Studies
a t Athens 9, 1957, 150sqq.
' Cf. DemÖsth. 25, 98 ! πώς S'elç TÒ μηι'οφον ßaöieioft' . , ,
• Cf. Demos th. 25, 97: Λ νχοϋργος μέν oifr τήν *A0r¡vá» έμαφζνρετο χαί τήν μητέρα των όεών, χαί χαλώς èrtole t.
7
Cf. Demosth. 25, 28. 99: πώς ôè . . . ήτε;
1
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NICHOLAS E . CONOMIS
2. The names of state-debtors were a t Athens written on tablets kept on t h e
Acropolis, or elsewhere, according t o the nature of the debt 1 . The law regulated
the manner of registration. The major items t h a t had to be recorded were t h e
name of the debtor, the time within which the debt must be paid, and the substraction of repayments effected 2 . State-debtors were liable to two classes of
penalty :
i) If the debt due was not paid off by (or during) the 9th prytany, it doubled 3
and the property of the debtor was sold while he himself p u t in chains 4 .
ii) Political activity was forbidden.
This meant t h a t a state-debtor could not hold a magistracy 5 , act as a member
of the Assembly 8 , judge or be a heliast 7 , bring an indictment against anybody 8 ,
and so on. If he did not conform with these regulations he was liable to face
an indictment (ενδειξις) which could be initiated against him by any citizen 9 .
Such was the case with Aristogeiton. H e was a state-debtor. For five years he
remained silent in public meetings 10 . Eventually he began to speak again in the
Assembly and he was then indicted by Lycurgus and Demosthenes (cf.
Testim. 4).
If a state-debtor, without paying the money he owed, managed to have his
debt cancelled and his name struck out, he could be prosecuted under a
special kind of δίκη called άγραφίου11. Harpocration's entry on άγραφίου γραφή
perhaps derives directly from Demosth. 58, 51: οι τίνες âv εγγραφέντες και μη
έκτείσαντες τη πόλει το δφλημ εξαλειψάώσιν. This action can hardly have
been taken against Aristogeiton. For according to Demosthenes 1 2 he was still
registered as state-debtor and the ενδειξις would be t h e appropriate law
suit 1 3 .
3. 'Ηλικία like νεότης, ήβη, ακμή14 and similar nouns is often used in a collective
sense (the abstract noun for the concrete). I t equals οίήλικες, those of the same
age 1 5 with special reference to young men of military age 1 6 .
For the omission of the article before ηλικία cf. Demosth. 4,7 ; 19,65; 21,25;
Plut. Perici. 18; Plut, moral. 188e; Pausan. 5,3. 2; Pollux 1, 177; 2, 11. When
the article is added the particular age group or class of citizens who could bear
1
Debts resulting from condemnation, as in the case of Aristogeiton, were written on tablets with the debtor's
name and these were placed παρά τη βεφ; see Demosth. 25, 28. 70.
' Arietot. Athen, pol. 47,2—48,1; cf. Andoc. 1, 73; Demosth. 58, 50; Phot. s. v. dyçwpiov δίχη, etc.
' Aristot. Athen, pol. 4 8 , 1 ; Andoc. 1, 73; Demosth. 59, 7; argum. 5 3 on Demosth. 25.
' Aristot. Athen, pol. 48, 1 ; Demosth. 24, 98.144, argum. loc. cit. and 2. 4 of the previous speech.
' Demosth. 24, 22.
•7 Demosth. 22, 33 ; 2β, 1; Dinarch. 2 , 1 3 = Testim. 5.
Aristot. Athen, pol. 63, 3; Demosth. 21,182; 24, 50.
• Pseudo-Demosth. 58, 15; 53, 14.
a
See especially Demosth. 58, 50; to previous references add : Pollux 8, 49—50; Harpocr., the Souda s. £»6«{<ς.
' · Demosth. 25, 42.
" Cf. ibidem 52; Pollux 8,50; I. BEKKER, Anecdota Graeca, 184. 23, 331. 21; Phot. loc. cit.; Hesych. s. v. is
vague.
" 25, 70, argum. S 4.
" See Harporc. s. Ινδαξις-, I. BEEKER, Anecdota Graeca, 250. 10. How SAUPPE, 260 relates this kind of lawsuit to Aristogeiton's case is not clear to me.
" Aristoph. ran. 333: ήβα* ( = ¿φήβονς): Aristot. rhet. 1365a 32: τήρ νεότητα ix της πόλεως άνηρήσ&αι (said by
Pericles); cf. the poet in IG VII 581 '(Tanagra); Demad. fr. 28 Bl.: τήν άχμήν της πόλεως.
" Cf. contra Leocr. 44,144; Hyper. 6, 31.
" Cf. H. G. LIDDELL and R. SCOTT, Greek Lexicon, s. ήλιχία. To the passages mentioned there add : Find. Pyth.
1, 74; H"im. 2, 12. See further, P. C HANTRAINE, Études sur le vocabulaire grec, 156sqq.
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89
arms is usually indicated 1 . Theophrastus 2 used αί ήλικίαι of the whole body of
students of his generation.
4. Since Aristogeiton was a sycophant, who had been many times brought
before the court for crimes involving the death-penalty and had spent the
greater part of his life in prison s , it is not surprising that Lycurgus mentions
the orygma in his speech; the more so when one has to make some allowance
for the abusive and exaggerated language used by the speaker. Lycurgus might
easily maintain that Aristogeiton well deserved the pit into which criminals
were thrown and ought to be handed over to the public executioner.
There was during the 5th and 4th centuries at Athens a definite place from
which criminals were precipitated. Our sourpes speak of the βάρα&ρον
and
sometimes of the όρυγμα.
The latter is attested also from Lycurgus' speech
Against Leocrates (§ 121) and Dinarch. 1,624. There has been a disagreement
among scholars on whether the barathron and the orygma are one and the
same place; also on their location and the mode of punishment. I t has been
noticed that until the end of the 5th century references are made to barathron,
whereas the fourth-century writers speak of a pit called orygma 8 . Those who
make the distinction 6 between barathron and orygma believe that there was
a precipice or a pit near the hill of the Areopagus 7 whence originally the
criminals were hurled. Euripides' Electra 12718 seemed to them to strengthen
their assumption. But Euripides as well as Aeschylus speak of the chasm found
at the north-east angle of the Areogagus, which is not clear whether it could
be associated with the execution of criminals, except perhaps at an early
time.
A story told by Julian® and some lexicographers 10 connects the barathron
with the Bouleuterion and the Metroon. According to this story the barathron
was filled up in the 5th century as a result of an outrage against the Mother of
Gods and the temple of the goddess was erected at its place. This story, usually
overlooked or treated as untrustworthy 1 1 , must have some meaning, though its
main character remains that of an aetiological legend. It may well have preserved a true-hint as to the location of the barathron however difficult it is to
find some suitable place for it in the preeent topography of the Agora. Could it
perhaps have been at the south-east corner of the Kolonos Agoraios, which
' Cf. Aristot. Athen, pol. 53. 4; Polyb. 4, 7 . 1 0 ; ibideip 1β, 3β. 3; cl. Thucyd. 8, 75: ol iw τη ήλιχίφ (but always
oí ¿v ήλιχίμ in Demosth.); Lye. 2, 49: της ήλιχίας άπούσης a n d 50: ol της ήλιχίας ¿ρτός yeyoróτβς.
' Diog. Laert. 5, 37.
' Dinarch. 3 , 2 . Demosthenes, however, uses ol ir ήλιχίφ.
' Among t h e lexicographers besides Harpocration a n d the Souda cf. Pollux 8, 71, etc.; Phot. s. t & w m , etc.
1
J . BARKAN, Capital punishment in ancient Athens, Diss. Chicago 1936, 56. — However, the word ί[βύγματι]
is now read in the F r a g m . Cair. 3 b ( = EDMONDS, f r . 122c) of Eupolis' Demes 411 Β. C. and f r . 159.16 of his
Κόλακβς (421 Β. C.): ίχοντα xáoíóp παςέ&ωχεν Olret which though conventionally taken as referring to the barathron
it seems (cf. Olm) t h a t it refers r a t h e r t o the orygma,
4
J. J . THOMISSEN, Le droit pénal de la république athénienne, Bruxelles 1876, 97; L . Ross, Das Theseion,
Halle 1852, 44 note 131 : L. GKRNKT, Revue des études grecques 37,1924/25, 269 note 1 ; J . BABEAN, loc. cit. 58.
' See L. Ross, loc. cit.; C. CURTIUS, Das Metroon in Athen, Gotha 1868, 12—13; cf. E . CUBITUS, Attische Studien1 2, Göttingen 1865, 23. 60; Κ . BOTTICHKB, Philologue, Suppl. 3, 1867, 390; J . BARKAN, loc. cit. 57.
Πάγον noe* αύτόν χάσμα χ&ννός; cf. Aeschyl. E u m . 805: χεν&μώνας έτύίχου χ&ονός.
• Orat. 5 p. 159.
'* Schol. Aristoph. plut. 431; t h e Souda, P h o t . s. Μητρφοτ; the Souda, s. μητραγύρτης a n d fiágaipor no. 1;
Apóstol. 11 ; cf. Orphlca p . 116 (ed. O. KERN), 34, etc.
" U. WlLAMOWITZ, Hermes 14, 1879, 195 note 3 ; TH. THALHEIM, R E 2, 1896, 2853; W . JUDEICH, loc. cit. 345.
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NICHOLAS O. CONOMIS
was afterwards cut down for the levelling of the area between the new Bouleuterion and the Tholos ("Bouleuterion Square") 1 ?
Once the barathron is assigned to the area of the Agora, the orygma can be
traced outside the city with the help of clear references. An entry in Bekker 2
places it in the deme of Keiriadae (εν Κειριαόών δήμω της ΟΙνηίδος φυλής)·, in
Plat. rep. 439 e on the way from Peiraeus to the city outside the northern leg
of the Long Walls (υπό το βόρειον τείχος εκτός). Evidently the same place is
meant in the passage of Plut. Themist. 22 : πλησίον δε της οικίας καχεσκενασεν
(sc. Θεμιστοκλής) εν Μελίτη το 'ιερόν (sc. Αρτέμιδος) ου νυν τα σώματα των âavaταυμένων προβάλλονσι καί τα ιμάτια και τους βρόχους των άπαγχομένων και καϋαιρε&έντων εκφέρονσιν. The adverb νϋν clearly shows t h a t there had formerly been
some other place in use.
As regards its use by Lycurgus it should perhaps be noted t h a t the term
βάρα&ραν was used metaphorically by Demosthenes 3 . Lucian uses 4 the term
βάρα&ρος of a person t h a t ought t o be thrown into the pit. As for κακούργοι it
¿oes not seem to be used here in a technical sense ( = thieves, robbers) 5 by t h e
lexicographer. It is preferable to t a k e it in a general sense ( = malefactors,
criminals).
5. This court of justice is apart, from the lexicographers, mentioned by
Dinarch. 89, fr. 35 and Menander fr. 922 K. Later authorities, like Pausan.
1,28. 8, explain the name of the court from its shape®. St. Dow 7 tentatively
discussed the plan of the dicastic courts and assumed t h a t "the name of Trigonon suggests t h a t the court so named was fitted into an awkward space."
I t is one of the heliastic courts usually situated in the Agora or its neighbourhood 8 .
Neither the business transacted in this court nor who presided over it is
known 9 . There is only one thing which we can say with certainty: "it was one
of the homicide courts". Pollux 8,121 mentions t h e Trigonon among the wellknown courts (the γνώριμα δικαστήρια), and it is found in all enumerations
though Pausan, loc. cit. makes it clear t h a t the fame of courts like the Heliaea,
Trigonon, and Parabyston is less t h a n t h a t of the Areopagus. This gloss is so
much abbreviated 1 0 t h a t we gain nearly nothing beyond the mere name and,
through the name, perhaps its shape 1 1 .
' S e e H . THOMPSON, H e s p e r i a β, 1 9 3 7 , 142.
' Anecdota Graeca, 219. 8.
1
Cf. H a r p o c r . s . ßaQa&goν . . . Δημοσθένης
όέ ¿v Φιλιππιχοϊς
où χνρΐ'ως αύτό λέγει ; t h e S o u d a , s. v . , e t c . Cf. a l s o
Demosth. 8, 45 ; Men. dysc. 394.575 ; Luc. Am. 5, etc.
4
Pseudol.17.
* Antlph. 5,9, cf. 1β; Thucyd'. 1,8. 2; Lye. 13, 78; Demosth. 22, 28; 24,102, etc.
* So Harpocr. whence Hesych. ; I. BEEKER, Anecdota Qraeca, 307.12; schol. Aristoph. vesp. 120.
' Harvard Studies 50, 1939, 22-23.
* Lys. 19,55; Athen. 14,640b; Aristoph. vesp. 1107sq. ST. Dow, loc. cit. 19: "Quite tentatively, then, the
courts may be located in the southwest corner of the square" of the Agora ; see further H. THOMPSON, Hesperia
23, 1954, 38sqq„ especially 61 note 50.
' On the distribution of officials and of affairs in Athenian courts see F. JACOBY, FGrHist on 324 F 59.
10
Cf. e. g. I. BEKKER, Anecdota Graeca, 309. 25.
" F. JACOBY who collected (loc. cit.) and discussed the available evidence on Athenian courts, thinks that
"all extant enumerations derive ultimately from the same source, viz., a treatise about the Athenian law-courts",
perhaps the work περί των Ά&ήνησιν δικαστηρίων by Telephus of Pergamon (c. 140 A. D.). For previous sugg e s t i o n s s e e H . HITZIG a n d H . BIUEMSER, P a u s a n i a s 1, 2 8 . 8.
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Notes on the Fragments of Lycurgus
91
6. In the case of public prosecutions 1 or criminal prosecutions launched in
t h e interest of the state 2 , the orators often make use of the expression: εν
χιλίοις δ κίνδυνος, περί χιλίων ό κίνδυνος, εν χιλίαις κινόυνενειν3, etc., for a thousand
drachmas were fixed as the sum to be paid by the accuser if he did not receive
one fifth of the votes.
From cases where χίλιοι alone was used as a substantive, there was formed
b y some sort of analogy (cf. ζημία—ζημιοϋσ&αι) the verb χιλιοΰσ&αχ ( = to be fined
a thousand drachmas). The fact t h a t this word is not quoted from elsewhere
does not necessarily mean t h a t the speaker coined it. One would suppose t h a t
it was in use in t h e judicial jargon of the time from which he borrowed it. I t
is mentioned as a technical term by Pollux 8,23 in the form which was also
used by Lycurgus in his speech against Cephisodotus. I n connection with the
preliminaries of the present case Libanius in his argument on Demosthenes'
first speech against Aristogeiton (25,2) mentions t h a t Aristogeiton was fined a
thousand drachmas as a result of his indictment of a certain Hegemon (ίπειά'
Ήγημονα γραψάμενος και τα» άγώνα άποδόμενος ώφλε χιλίας cf. Demosth. 25,47).
The Souda's reading και χιλιωσαι (χελιώσαι Μ**5) is obviously wrong and, as
it is almost certain t h a t he took his entry from Harpocration, κεχιλιώσ&αι
should be read. So perhaps with Bekker 4 where 7ΐαριστώντες ( = proving) if
correct is a later Greek form for παρκττάντες.
7. No evidence which would enable us to say with certainty when and against
whoâx each kind of graphe of those concerning state-debtors could be used has
come down to us. The same uncertainty seems t o have prevailed with the
lexicographers from whom, as always in matters of law, we hope to get some
definite information. Pseudengraphe is explained 5 as a kind of action brought
by a citizen, whose name was written down among the state-debtors, against
the official — the άποδέκται as it seems — who wrongly entered him in the list.
But as the speeches in the two cases mentioned by Harpocration, viz. Lycurgus'
against Aristogeiton and Isaeus': προς Μέδοντα περί τοϋ χωρίου are no longer
extant, we are unable to decide whether the words: ώς καταψενσαμένον αυτών
τον έγγράψαντος κτε. could be used e. g. of an official who entered somebody for
a greater sum t h a n the one actually owed. This seems probable and is actually
suggested by the Souda, s. v. : ψευδέγγραφος δίκη ... êàv aSv μη όφείλοντα έγγράψη
τις ή όφείλοντα μεν έγγράψη, πλέον δέ τοϋ όφειλήματος.
An action of bouleusis was brought by Aristogeiton against Aristón, presumably the official (ό εγγράψας) accused of making a false entry®. Evidence
1
Cf. schol.' Demosth. 22, 3 : Θεόφραστος Ιστορεί λέγων οΰτως- Ά&ήνησιν ούν έν τοις όημοοίοις άγώσιν, ¿άν μή μεταλάβω τις τΑ πέμπτον μέρος, χιλίας άποτίνει ; cf. F. WIMMER, Theophrastos, Parie 18ββ, fr. CL. See further W.WTSE,
The speeches of Isaeus 2, Cambridge 1904, 4 7 . 1 .
* Pollux 8, 41 : ταύτας τάς dlxaç f¡ Saat τοιαΟται — έχαλονντο γάρ al γραφαΐ nal dittai, od μέντοι nal al ólxat γραφαΐ —
¿&¡v τψ βονλομένψ γράφεσθαι, xai èitl μέν ττασών τούτων 6 μή μεταλαβών τό πέμπτον μέρος των ψήφων προαωφλίσχανε
χιλίας. Occasionally a thousand drachmas were fixed as punishment, cf. e. g. IG I* 10.17,12/13. 7 ; Hyper, fr. 100,
etc.
' Cf. contra Leocr. 3; Hyper. 2, 8 . 1 2 calls a case when the prosecutor did not run any risk άγών áxlviυνος.
4
Anecdota Graeca, 188. 18.
4
Harpocr. ( = the Souda) s. v. I n both entries the words: ώς άδίχως έγγραφέντες άφείΧειν τφ όημοαίψ seem a
giof s on the sentence preceeding and must be expunged, see Π. ΦΩΤΙΑΔΗΣ, Άβηνά 10,1899,15sqq.
• Demosth. 25, 71 sq. ; Testini. 2a.
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NICHOLAS e . CONOMIS
furnished by the Souda (s. βονλευσις) informs us t h a t Lycurgus made use of
both terms, i. e. ψευδεγγραφη and βονλενσις, as referring to two different kinds
of charge b u t the orator perhaps did not draw any distinction between them
and the lexicographer in his attempt to distinguish between the two seems to
be improvising with the help of the general sense of the passage (his introductory words: ζητήσειε δ' δν τις . . . τάχα οδν . . . should be noted). His explanation defines pseudengraphe as a graphe brought against somebody who
had wrongly entered in the list of state-debtors a citizen who did not owe
money to the state, while bouleusis was a graphe against somebody, who had
κατ' έπφοολήν entered anew in the list of state-debtors a citizen who had at
one time owed money to the state but had now paid off his debts. Now if one
asked what .was the difference between pseudengraphe and bouleusis as in
Souda's definition the difference is not clear, the answer is not at all easy.
Souda's definition was taken as follows by R. Dareste, Β. Haussouliier and
Th. Reinach 1 : "En réalité, l'action ψενδεγγραφης, comme son nom l'indique,
vise le magistrat qui a indûment inscrit une personne sur les registres des débiteurs publics; l'action βονλενσεως atteint celui qui a maintenu à tort une inscription de ce genre pour tout ou pour partie (et non celui qui a réinscrit
frauduleusement une débiteur libéré, Suidas)." But further if one perhaps is to
judge from the term bouleusis as used in cases of murder 2 and its etymological
meaning (i. e. "deliberation") it ought to imply malice against somebody (cf.
Harpocr. s. βονλευσεως) ; the conspiracy in this casé resulted in somebody's
wrong entering among the state-debtors, though the culprit (an αποδέκτης ?) was
aware t h a t this action was culpable (mens rea). From Harpocration'e words
(β. βονλενσεως) : ... το δε έτερον (seil, είδος βονλευσεως) δταν εγγεγραμμένος ώς
όφείλων τω δημοσίφ αυτός δικάζηταί τινι ώς ου δικαίως αυτόν εγγεγραφότι
...
(μάρτυς) Δημοσθένης έν τω κατ 'Αριστογείτονος α' (25,28) 3 it seems t h a t the
glossator took into consideration only the particular case of Aristogeiton who
charged Aristón with bouleusis. Perhaps one cannot rely very much on i t 4 as
the author of the argument of this speech (§ 6—7) admits t h a t it was Lycurgus
who explained the legal side of this case. In spite of t h e frequently quoted
opinion t h a t Libanius, when writing the argument to Demosthenes' speech,
knew the speech of Lycurgus 5 , this confusion of the lexicographers may be
an indication that Lycurgus' speech was no longer preserved. One's impression
is that Harpocration is muddled and that on the whole he was not aware of the
real difference between the two graphai.
1
a
Recueil des inscriptions juridiques grecques 2, Paris 1891, 158.
For fimiXcvetp and βούλευαις in the law of Draco see R. DARESTE, Β. HARSSOULIRR and TH. REINACH, loc. cit.
2,16-18.
* This entry in I. BEEKES, Anecdota Graeca, 194. 25 is muddled. Pollux 8,43 does not distinguish between
pseudengraphe and bouleusis. His words: el φενΛώς σβσυκοφαντηκότες άλφεψ need not be taken very closely; but
instead of τούτον to be read τούτα»·?
4
Demosth. 25, 28. 72sq.
• Cf. e. g. M. POHLENZ, loc. cit. 20 note 2.
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93
Notes on the Fragments of Lycurgus
I I I . Against Autolycua
Autolycus the Areopagite is elsewhere mentioned as a man "whose life has
been good and pious, and worthy of the Areopagus" 1 . In the autumn of
346 B. C. 2 he opposed on behalf of the Areopagus a suggestion of Timarchus
that certain old buildings around the Pnyx should be repaired. Much earlier
(368/367 B. C.) an Autolycus had been sent on a legation to Mytilene and had
suggested part of the decree passed on this occasion 3 . Whether this was the
same man or not cannot be ascertained.
Autolycus was accused by Lycurgus after Chaeronea (Testini, l a , b) for
removing his wife and children to a safe place ; whether by means of a graphe
or an eisangelia4 is not known. The law on which the accusation was based is
also unknown. Perhaps it was some special ordinance enacted after Chaeronea,
which declared : ένοχους είναι τη προδοσία τους φεύγοντας τον υπέρ της πατρίδος
κίνδννον6.
The argument of this speech resembled that of the speech against Leocrates
(cf. Testim. 2) but unfortunately the type of the accusation which was brought
before the Heliaea®, is not made clear by our sources7. Pseudo-Plutarch's
words (Testim. 1 a, b) seem to exclude the eisangelia but nobody, I think, could
expect precision from this author on such a fine point.
The result of the trial is known from the prosecutor himself 8 ; Autolycus was
condemned 9 .
1. According to the scholiast's statement the sentence preserved from the
speech belongs to the prooemium; it is difficult to define its position with
greater accuracy. All that one may perhaps add is that what we have before
us are not the opening words of the speech, for otherwise the usual address to
the men of the jury would not be omitted. The idea conveyed may be compared
to contra Leocr. 9 : παρεισ9αι δε τήν υπέρ των τοιούτων τιμωρία» συμβέβηκεν,
ώ
άνδρες,
ον διά ρα&υμίαν
χρόνοις γεγενψτ&αι
των
τοιούτον
τότε
μηδέν,
νομο&ετούντων,
μηδ'
αλλά
εν τοις μέλλονσιν
δώ. το μη
έπίδοξον
εν τόίς
είναι
πρότεραν
γενησεσ&αι10.
In his fragment Lycurgus confines himself to assuring the jurymen that they
had never come to judge so important a case, though many important trials
had been held before them. Similar exaggeration is frequent in the prooemia
1 Aeschin. 1,81. The way Aeschines speaks of him, perhaps indicates that they were in some way connected,
a fact which may offer a hint of Lycurgus' motives in prosecuting him.
' Cf. J. KIRCHNER. Prosopographia Attica, 2746.
• IG II* 107. 30/32; Α. SCHÄFER, Demosthenes und seine Zeit 2, 2nd ed. Leipzig 1886, 336; J . KIRCHNER,
Prosopographia Attica, 2746.
4
See MEIER, i n : KIESSLIKQ,
CXXV.
• Contra Leocr. 53. The words of Lycurgus ibidem: i Λημος .. . έφηφίσατο, indicate a decree. This was perhaps
the decree mentioned in the argument of contra Leocr. : μετά τά ¿v Xoiqwvsîç Λεινά ψήφισμα noieï ά των 'Α&ηναίων
δήμος, ώστε μήτε τινά ëÇa> γενέσθαι της πόλεως, μήτε μήν btûéoiku παιάας xal γυναίκας under which Leocrates was
also prosecuted; cf. A. SCHiFEB, Demosthenes 2 , 1 2 note 1.
' MEIER, in : KIESSLING, C X X V I does not believe that Autolycus was condemned by the heliasts.
' Cf. MEIER, loc. cit. note 1; F. BLASS, Attische Beredsamkeit 3/2, 109 eisangelia?
• Contra Leocr. 53 = Testim. 3, 1.
• That the case referred to by Aeschin. 3, 252 as given does not tally with the present one was noticed by SAÜPPE.
261. Aeschines may refer to one of those who after the disaster at Chaeronea fled from Athens but were captured
and put to death by the Areopagus as enemies of the city (contra Leocr. 52).
' · C f . F . DCRRBACH, L y c u r g u e , L .
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N I C H O L A S Ο. C O Ν O MIS
of Isocrates a n d his school 1 . This is part of Lycurgus' rhetorical exaggeration,
his δείναχης 2.
Άγών meaning law-suit is usual in the orators and a favourite of Lycurgus ;
the verb εισέρχομαι as a legal term refers t o the accuser and the litigants 3 , or
to t h e case itself, as here 4 .
2. This short quotation contains the interesting expression μηλόβοτον άνιεναι
which seems to have been used first in connection with the well-known incident a t
the end of the Peloponnesian war 5 , when the future of Athens was under consideration by Sparta and her allies. This technical and religious sense of the word —
"to leave untilled grounds dedicated to a g o d " 7 — developed easily from the
general meaning "let go" e . I n a more general sense it took the meaning ""leave" 8 .
The expression μηλόβοτον άνιεναι then used of profane things came to mean
"turn a district into sheep-pasture", i. e. "lay it waste". No recourse t o μηλόβοτος
as a ritual t e r m 9 is either imposed by the facts or necessary. The expression
seems to have come into vogue and was invariably 1 0 used about Athens, as
άροϋται και σπείρεται το Θηβαίων άστυ was later used about Thebes u . I t was further
used metaphorically to denote a place utterly deserted and turned into a
"sheep-walk".
This expression occurs in contra Leocr. 145 and one wonders in what sense
could the speaker use it against Autolycus, since the latter himself endured the
danger (cf. Testim. 3). Nor does it mean t h a t the members of Autolycus' family
were able to offer any service to the state (contra Leocr. 53). On the contrary,
if the fact is taken into account that women and children were usually placed
inside the walls 12 in time of danger they would even be a burden to the city.
If Lycurgus' character is taken into account there is no doubt t h a t we have
here a rhetorical exaggeration 1 3 , parallel to t h a t of contra Leocr. 145, and that,
as usual, he is thinking in clichés. In the speaker's opinion Leocrates or Autolycus
would have let Athens be taken and destroyed without making an effort to
sa ve her 1 4 .
1
F. DUKRBACH, Lycurgue, 94 note 3 refers to Isocr. 8 , 1 and Demosth. 24, 4.
• See A . SCHÄFER, Demosthenes 3,1887, 75; c{. Dion. Halic. opuse. 5, 3 p . 433: δλως κατηγορικός; Diod. 16. 88:
Μχβότατος ήν χατήγορος χλπ. See F. B'-ASF, Attische Beredsamkeit 3/2,122. Aristotele's definition of δείνωαις may
be reminded (rhet. 1401b, 4—5); cf. also ibidem 1368a, 10—11: χρηστέον 6i xal τών αύξητιχών πολλοίς, olov εΐ μόνος
ή π ρ ώ τ ο ς f¡ μετ'
όλίγοαν ή nal δ μάλιστα
πεποίηχεν.
' Cf. contra Leocr. 11.12.
* Cf. Demosth. 35, 4».
' Alluded to by Andoc. 3, 2 1 ; X e n . hell. 2, 2 . 1 9 ; 3, 5. 8; 6. 5. 35; Isocr. 14, 31; Demosth. 19. 65. — In Philostr.
v i t . s o p h . 1 , 1 6 ( p . 4 6 LOEB) t h e ' s u g g e s t i o n c o m e s f r o m C r i t i a s : βούλευματός
τβ άνόμον τοϊς Λαχεόαιμονίοις
ξυνε·
λάμβανεν,
ώς μηλόβοτος
ή Άτηχή
άΛοφαν&εΙη της τών άν&ρώπα>ν άγέλης
¿χχενοίόεΖσα.
' S e e Η . G . L I D D I L L a n d R . SCOTT, G r e e k L e x i c o n , s. v . ; cf. a l s o H y p e r , f r : 7 2 : Λνετον το άναμίνον
τψ &εψ
Ιερόν. Pollux 1 , 1 0 ; Ael. nat. anim. 11, 2, etc.
' H . G . LIDDELL a n d R . SCOTT, G r e e k L e x i c o n , s . v . 2 , 1 - 5 .
a
E . g. Theophr. hist, plant. 8 , 1 1 . 9: άρούρας άαπόρους άνιέναι.
' As suggested by Β . W. PARKE, Hermathena 72, 1948, 99sq. I cannot see the religious motives which ho
claims to have been advanced by the Thebans for the destruction of Athées as presented by PARKE. Nor does
BLASS' explanation (Attische Beredsamkeit 3/2,124) of μηλόβοτος as „mehr oder weniger poetische" seems sufficient.
10
Perhaps the meaning of μηλόβοτος was not very clear to the common people in the second half of the 4th
century as μήλον ( = sheep) was a poetic word and somewhat unfamiliar; cf. e. g., Stratocl. fr. 1 Κ.
"
S t r a t o c l . f r . 1 ; SAÜPPE, 3 4 2 .
" Cf. contra Leocr. 16; Andoc. fr. 4 and Demad. περί όωόεχαετίας 14 give a vivid description of the congestion
in the city on such occasions.
"
C f . Α . SCHÄFER, D e m o s t h e n e s 3, 7 5 ;
D i n a r c h . κ α τ ά Λυκούργου
εν&υναι
f r . 3 SAUPPE, 3 2 9 d e e m s L y c u r g u s
himself worthy of being stoned to death.
"
C f . H . W . PAURE, l o c . c i t . 113.
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Xotes on the Fragments of Lycurgus
The reading Αύτοκλεους
has arisen, as it seems, from the mention of the
speech of Hyperides against Autocles in the entry s. μηλόβιος .
I think t h a t
Sauppe is right in assuming a lacuna after άνηκε.
As the incident referred to in
the expression is fixed a t the end of the Peloponnesian war and. is connected
with the Thebans 2 , Θηβαίοι
or Βοιωτοί
seems an appropriate restoration instead of ' Α & η ν α ϊ ο ι 3 , while the lacuna after βουλευομενον
m a y tentatively be
restored βονλευομενον
ôè Λυσάνδρου
δπως
κτέ*.
On the whole it would be better
if we had βονλενομένων
when των συμμάχων
(or των Λακεδαιμονίων)
could
be supplied.
3. Passages like contra Leocr. 9. 147 s to which 59. 97 m a y be added do not,
strictly speaking, apply to the case of Autolycus, because Autolycu? himself
did not quit Attica. Yet if one considers t h a t Autolycus by showing his lack
of confidence in the future of the city was in some way guilty of deserting
"maiorum sepulcra" a severe prosecutor like Lycurgus would tend t o put forward such an accusation.
6
Ή ρ ί ο ν (connected with the root έρ- = earth ) is explained as a barrow, a
7
mere χώμα γ η ς , 'τάφος
καχάγειος' .
I t s use in a general sense seems to have been
obsolescent and confined to poetry 8 . For our purpose two passages in prose
deserve special mention Aristot. Athen, pol. 55. 3 which speaks of the dokimasia
of the Nine Archontes, and Demosth. 57,67 where the speaker imitates t h e
procedure of the examination of the nomothetae. From these passages it seems
t h a t the word was sometimes used in a technical sense t o denote the "familygrave" 9 . I t is likely t h a t this is the sense in which it is used here by Lycurgus 1 0 .
1
IV. Defence against Demades on the Accounts
The title given by Harpocration προς Δημάδην
απολογία
corresponds to t h a t
of the Souda Άπολογία
προς τον αυτόν (βο.Αημάδην).
The words ύπερ των
ευθυνών
occuring in the Souda m a y simply suggest a more exact definition of t h e
speech being a sort of sub-title, which was perhaps introduced by some later
"scholar" as a clearer indication of the contents of the speech.
The remarks of Blass 1 1 seem decisive against those who would like to count
υπέρ
τών
εν&υνών
as a new speech 12 . Blass pointed out t h a t t h e orator's list of
1
Other suggestions and readings summarized by C. MOLLER, Oratores Attici 2, 356.
I
Cf. e. g . t I s o c r . 14, 3 1 : οι) ΰνστνχησάντων
ύμών μόνοι {Θηβαίοι) τών συμμάχων Ι&εντο τήν φήφον, ώ ς Χΐίή τ φ 1 τε
η (i Ai γ έξανόραποδίσασΟαι
χαί τήν χώοαν άνεϊναι μηΧόβοτσν taaittQ τό KQiaatov τιεόΐον ;
* Cf. MEIER, i n : KIBSSLING, C X X I I .
4
Cf. P l u t . L y s . 1 5 ; KIESSLING, 1 7 t h i n k s o t h e r w i s e a n d MEIER, i n : KIESSLING, C X X I I I s u g g e s t s :
βονλευομένου
sc. rot* aweÒQlou τοϋ τών Λαχεόαιμονίων
χαί των
συμμάχων.
' Q u o t e d b y MEIER, i n : KIESSUNO, C X X V .
' See E. SCHWYZER, Griechische Grammatik, Manchen 1953, 424 note 3 ; Η . FRISK, Griechisches etymologisches Wörterbuch, Heidelberg 1954, s. v. In an archaic inscription from Delphi, Syll.' l i b reads iglòv.
' Cf. also IG X I 144. 73 (Délos): ήρας; ibidem η. 203 Λ 39. 40 and F. DÜRRBACH, ad. loc. ·
* In Homer II. Ψ 126, whence it was taken over by the Alexandrian poets (see R . PFEIFFER, Callimachus 1,
Oxford 1949, 254) and by the poets of sepulchral epigrams in the Anthology.
' In Plut. Phoc. 37 : τοις πατρψοις Λπόόος ήρίοις the adjective would perhaps have been superfluous in classical
Greek. Also Ael. lett. 3 (LOEB): τα τών προγόνων >}ρ/α.
' · Not to be explained only as among the „feierliche Wörter" with F. BLASS, Attische Beredsamkeit 3/2, 125.
II
Lycurgi, Oratio in Leocratem, X L I I .
" Cf. e. g., SAUPPE, 258; C. MÜLLER, Oratores Attici 2,353 and the new editor of the Souda, β. Λυχοϋργος.
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NICHOLAS E . CONOMIS
speeches in the Souda contains the titles arranged in groups beginning respectively by κατά, προς, περί; now if νπέρ των εν&ννών were a distinct title, it
would be out of place in the middle of the προς group1.
On the other hand it is not certain whether one could maintain the reading
υπέρ των εύάννων
by supposing that Demades accused the examiners of the
accounts (the euthynoi) of Lycurgus and that the latter defended them. Though
the euthynoi were liable for punishment if they were negligent, yet as far as we
know there is no evidence that such an accusation was ever launched and the
present case would constitute the only example. The alternative would be to
take with Blass 2 νπέρ with the meaning of τιερί as occurs in the titles of other
speeches, cf. e. g., Dinarch. : Διαδικασία
Φαληρέων
προς Φοίνικας
νπερ της
Ιερωσυνης
τοϋ Ποσειδώνος
; idem : Λνσικλείδη
κατά
Δάον
νπερ
άνδραπόδων.
There is a third suggestion : that the title as given by the Souda may be that
of the oration named by Harpocration as απολογισμός
ών πεπολίτενται.
Meier 3
suggested that if νπέρ των ενΰννων is a new speech then it is the same as απολογισμός
ων πεπολίτευται*.
This view, however, seems improbable, for Demades
does not seem to have taken any part in the euthynai of Lycurgus, when it is
expressly stated that Menesaichmus alone was the accuser 5 .
To sum up : as regards the title and argument of the present speech there are
three possibilities:
i) προς Δημάδην
απολογία
and απολογία
προς τον αυτόν νπερ των ευ&ννων (or
less probably νπέρ των εν&ύνων)
are one speech different from the απολογισμός
ών
7ΐεπολίτενται.
ii) In the title of the Souda we have two separate speeches : a)
απολογία
προς τον αυτόν (sc. Δημάδην)
; b) υπέρ των εν&ννών with the possibility of
the second being identical with the απολογισμός
ών
τιεπολίτενται.
iii) Both parts of the Souda's title constitute one speech, perhaps the same as
the
απολογισμός
ών
πεπολίτενται.
The third possibility has already been ruled out. Of the others, the first
seems to me the most probable.
Nothing definite is known about the date (Meier, loc. cit. maintained that
the defence against Demades took place many years after the battle of Chaeronea) or the circumstances of the speech. However, I have no serious doubts
that it refers to an euthyna, as may be inferred from other speeches referring to
euthynai where the term απολογία
is used®. Though we know that Lycurgus
brought an accusation against Demades7, in regard to the present speech no
information has reached us on the matter. From Pseudo-Plut. 843 f one may
infer that the attack of Demades was unsuccessful8.
' Cf. F . DÜRNBACH, L y c u r g u e , X X X I X note 4.
' Attische Beredsamkeit 3/2, 108.
' I n : KIESSLING, C X X X I I I .
4 S o SAUPPE, 2 5 9 ; C. MÜLLER, loc. c i t . 3 5 3 ; O . RIEMANN, Bulletin de correspondance hellénique 1 , 1 8 7 7 , 1 8 9 .
T h e last two are confident t h a t it is.
» Cf. also J . 0 . BURTT, loc. c i t . 1 3 8 - 1 3 9 .
β Cf. e. g., L y s . ; Απολογία ôwçoûoxiaç;
D i n a r c h . : ' Ep/ity ¿μπορίου ¿Πίμελητ^ περί των κατηγορη&έντων άττολογία
* P s e u d o - P l u t . 8 4 3 D f r . 1 ; Η . DIELS, Rheinisches Museum 2 9 , 1874, 108 = DE FALCO, loc. cit. fr. 2.
• Cf. MEIES, i n : KIESSUNQ, C X X X I V .
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97
1. The three terms seem to have been compiled into a gloss from the two
speeches of Dinarchus and tha spsech of Lycurgus, and there is no reasonable
indication that the last term was the one mentioned by the latter. What is
fairly certain is that Lycurgus refers to the national festival of the Athenians,
the Panathenaea 1 . I t is well known that he took a keen interest in regulating
the Athenian festivals in general and the Panathenaea in particular, and it is
not perhaps surprising that he mentions one of the games which took place
during this celebration 2 .
The verb άποβψαι is said by the lexicographer to have acquired the technical
meaning "to contend as άποβάτης"3. That this is the meaning of the term becomes obvious from the passage in Pseudo-Demosth. 61,23. Its first meaning
was that of dismounting from a chariot 4 . The entry in Bekker, Anecdota
Graeca, 198. 11: άποβατώ · αγώνος όνομα κτέ. seems corrupt and was corrected
to ¿αιοβατώ(ν) 5 (gen. plural) as no verb άποβατώ has been transmitted.
The expression αποβατικοί τροχοί as transmitted presents difficulties. Shall
we infer that the wheels of the chariot used were specially constructed so that
the άποβάτης would be helped? This was taken after the lexicographers as a
fact by many scholars. Collignon® even believed that the άποβάτης put his foot
in the wheel while the chariot was in motion; yet from the monuments preserved
(mainly reliefs and vases) no such distinction appears possible 7 .
Though the point is very delicate and any decision difficult, I should be
inclined to follow Blass in reading τρόχοι8 in which case αποβατικοί τρόχοι would
mean "circular races of the apobates" or simply "races of the apobates" and
the expression οί από τούτου του άγωνίσματος would refer to the derivation of
αποβατικοί τρόχοι "and races held in this contest are called those of the apobates".
2. This quotation is noteworthy as having been preserved through another
quotation of Didymus. From the same source come a few other entries (cf.
Harpocr. s. πέλανος, προκώνια, στρωτηρ) but while the latter may have been
taken from the commentary which Didymus wrote on the ten orators, the
ρητορικά υπομνήματα9, the present one may equally well have come from his
work περί παροιμιών.
Despite the explanation of Didymus, which provides us with the general
meaning of the expression, it is difficult to get the exact meaning of the phrase:
1 Cf. I. BEKKER, Anecdota Graeca, 426.30; L. BACHMANN, Anecdota Graeca, Leipzig 1828, 123. 18; Plut.
Phoc. 20.
* In IG VII 4254 ( = SyU.' 298) we hear about the Amphiaraia of Oropus; IG II* 334 which refers to the
Panathenaea is fragmentary and the part preserved is entirely occupied with tlie particulars of the sacrifice. On
this inscription see now Hesperia 28, 1950, 239sq.
* Not "to leap from horse to horse" as in H. G. LIDDELL and R. SCOTT, Greek Lexicon, s. v.
< Cf. e. g., Horn. II. Γ 265 (cf. ibidem Λ 619); Eustath. comment. 413.17, 725. 5β.
* W . F . A . γ AN DAM, Observationes in Léxica Sîgueriana, Roterdam (lugd. Bat.) 1873, 51—52. This seems good;
see I. BEKKER, Anecdota Graeca, 426. 3 0 .
* Bulletin de correspondance hellénique 7, 1883, 459.
' E. g., compare the wheels of the chariot of Plat. 7 I n : Journal of Hellenic Studies 42, 1922, 104sqq. with
that of any of the apobates-reliefs, for instance Hesperia 4, 1935, 380 Or Έφημεςίς iezatoXoyixij, 1937, 112. For
the institution of the apobates see Marm. Par. epist. 10 and Peeudo-Eratosth. catast. 13 (p. 1 7 . 1 A. OLI-
VIERI). Cf. F . JACOBY, F G r H i s t o n 2 3 9 A 1 0 .
4
* This word is altogether a difficult one and its transmission is often misleading. CF. D. PAGE on Eurip. Med. 46.
Yet is seems justified in contexts referring to games or in metaphors taken from games, cf. Sophocl. Antig. 1065.
' L. COHN, R E 5 , 1 9 0 5 , 4 5 9 thinks that the three glosses mentioned may have come from Didymus' work
Ufiç χαιμιχή. That a proverb might have come from Didymus' commentary on Lycurgus cf. e. g., Didym. de Deraosth.
7
c o m m e n t , (ed. H . DIKLS a n d W . SCHUBART), c o . 11 p . 2 5 .
KLIO
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NICHOLAS O. CONOMIS
tragoedias et alias acturua (?). proverbium in eos qui dum theatrico more unam
causam agunt se optant ut mox causam contrariam pari dissimulatione suspiciant (î) 1 . In view of τα εναντία in the gloss έτερονς in the proverb should mean
alios, diversos rather than καινούς. That the orators occasionally gave their
support to contradictory issues cf. the comic poet Timocl. fr. 12. 6/7 (of
Demosthenes) : . . . ουδέ πώποτε άντίϋετον ειπών ουδέν .. . This sense would perhaps suit Demades but exactly on what occasion and how the speaker made
use of this proverbial phrase is not possible to say. I t would perhaps here be
mentioned that in Demosthenes especially (e. g. 18,323) έτερος carries a sinister
notion and refers to Alexander and the Macedonians2. This is admittedly a
tentative suggestion — and it owes much to Professor Pope — on this crucial
entry for which many views were expressed but none convincing3. Even the
meaning of the phrase τους έτερους τραγωδους άγωνιεΐται escaped scholars while
the meaning of σεμνοποιούντων έαυτονς προς τά εναντία of the lexicographer was
neglected in their attempt to interprete that phrase. Fr. SchoeU's view 4 :
"άγωνιεΐται eodem fere sensu usurpatur quo κωμωδεϊν" is beyond my comprehension. Though I agree with Blass that the expression προς τά εναντία is joined
to the participle άρμοζομένων the exact meaning of his statement "sensus esse
vid. τον έτερον αγώνα τραγικόν (praedic.) άγωνιεΐται" escapes me, unless it means
that Demades is looking for some other opportunity to attack Lycurgus in an
even more dramatic way. In this case άγών would recall the vocabulary of the
theatre and that rather vaguely, because by this time τραγικός had already
acquired the meaning of "pompous", "ranting", see e. g. Demosth. 18,313.
Burtt's 5 version: "The quotation was explained by Didymus as a saying which
referred to people who seek to adapt themselves to a rôle beyond their powers"
seems to me wrong.
V. On his Financial Administration
Though some manuscripts omit the article της in the title of this speech,
it is indispensable® unless the title as given is fragmentary. This seems unlikely 7.
As the title and the preserved citations show, it was a defence of his financial
administration. Its fragments, though insignificant from the rhetorical point
of view, possess some value as an indirect source for Lycurgus' financial and —
to a smaller degree — administrative activities.
1 For τραγψδία in the sense of an exaggerated speech, see Hyper. Lyc. 12 (prob. 1.); Eux. 26 and fi. Η. LIDDELL
and Β . SCOTT, Greek Lexicon, s. V. I I 2.
' Generally the meaning of ft«eoç=> " b a d " , "adverse" perhaps came about through euphemism. I t occurs
a t first in context where it is contrasted to Αγαθός. Cf. Find. Nem. 8 , 3 ; abs. Find. Pyth. 3, 34; Aeschy 1. Agam. 150.
See L . R . FAHNKLL, The works of Pindar 2, London 1932, 140.
' These are so conflicting that they can hardly be mentioned here. See previous editions of Lycurgus' fragments, especially KIESSLINO, 6 7 - 6 8 .
4 De locis nonnullis ad Aeschyii vitam et ad historiam tragoediae graecae pertinentibus epistula, J e n a 1875, 59.
» Loc. cit. 141.
• See G. COLIN, Revue des Études Anciennes 30, 1928, 194sq.; Hesperia 29, 1960, 3 - 4 .
' Cf. e. g., Demosth. epist. 3, 2 ; Hyper, fr. 118; Diod. Sic. 16, 8 8 . 1 ; also Lys. 30, 22; Aeschin. 2 , 1 4 9 and schol.
d. loc.; idem 3, 31; Pollux 8 , 1 1 3 .
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Notes on the Fragments of Lycurgus
99
The exact occasion when the speech was delivered remains unknown. I t is
usually assumed t h a t it was a speech in which Lycurgus gave an account of
his administration. The date of the speech has not yet been decided with
precision. Koehler's suggestion 1 that it was delivered after Lycurgus' first
πεντετηρίς of financial administration seems reasonable but his dating of
330/329 B. C. is not I think tenable. Lycurgus had three terms of office as
treasurer ending in 334/333, 330/329, 326/325 respectively or, preferably,
333, 332, 329/328, 325/324* and there is no evidence by which we can determine
between these possible occasions. I t is true t h a t probably he was himself t h e
treasurer during the first 7ΐεντετηρίς in which case if this euthyna took place
immediately after its completion this would be either in 333 or, more likely,
in 332 3 . However, we can assume t h a t the speech was delivered during an
euthyna and that it would occur in its second part, probably before a dicastery.
Meier, in : Kiessling, CXXXVI followed by Lipsius 4 has not good reasons for his
suggestions that the speech was given before the Assembly. Nor can we be
certain that it was a reply to Dinarchus κατά Λυκούργου εϋϋυναι. However, three
fragments of Dinarchus' speech, out of four preserved, are as it seems related
to t h e subject-matter of this speech (cf. frs. 1, 2, 4).
1. a) Lycurgus gives, if these are Lycurgus' own words, according t o his
practice an epigrammatic tone to his statement 6 by specifying three kinds of
dokimasia*. The Nine Archons, after their election, had to be approved by the
Boule and in the Dicastery 7 . Demosth. 57,70® says t h a t it was undergone by
all the Nine Archons. If a candidate was rejected by the Boule (άπεδοκιμάζετο)
he could not enter office. At the time of Aristotle's composition of the Constitution of Athens, however, he could appeal to a law-court and its decision
was final*.
The examination itself consisted of a few formal questions concerning the
candidate's parents and their deme; his family sanctuaries and tombs, and
whether he treated his parents well, paid his taxes and had done his military
service 10 . The same held good for all officials 11 .
The examination of the orators was apparently regulated by an old law;
ό νόμος δ περί της των ρητόρων δοκιμασίας12. Demosth. 22,30 13 and Lysias fr. 194
' Hermes 1, 1866, 319sqq.
* O n t h e d a t e of his a d m i n i s t r a t i o n see O. COLIN, loc. c i t . 1 8 0 - 2 0 0 ; F . DURRBACH, L y c u r g u e , X X I I - X X I I I ;
W . S. FEBGUSON, T h e t r e a s u r e r s of A t h e n a , 139 n o t e 2 ; H e s p e r i a 2 9 , I 9 6 0 , 4.
' How KOBHLBR arrived at 330/329 I cannot see. J . O. BUBTT, loc. cit. 141 : " I t may have been delivered in
330 B. C., after Lycurgus had completed his first five years of administration" wrongly counts the πεντετηρίς as
lasting five years.
* Das attische Recht, 287 note 4.
' Cf. contra Léocr. 10, 79.
a
Cf. I. BEKKER, Anecdota Graecà, 235.11: Lexicon Sabbaiticum nunc primum edidit et apparatu critico
instruxit A. PAPADOPULOS-KERAKEÜS, Petropoli 1892, 13.14.
' Aristot. Athen. poL 55. 2 and 4. For the-seeming discrepancy between this passage and 45. 3 of Aristotle
see R. J. BONNES and β SMITE, The administration of justice 2,244—245.
— The double dokimasia of the Xine
Archons is accepted by most scholars, see O. BUSOLT and H. SWOBODA1, Griechische Staatskunde 2,2nd ed. München 1920-1926, 1045 and note 2; Ά. Δ.ΚΕΡΑΜΟΠΟΥΑΑΟΣ,Ποαχτ,χά
τής ΆχαΛημΙας Ά&ηνωρ 4, 1929, 175sqq.;
otherwise J. Η. LIPSIUS, Das attische Recht. 271 note 8.
* Cf. Pollux 8,85—ββ where, however, ϋεσμο&ετώρ àvàxçtatç is mentioned as in Demosth. 57,66.
* Ibidem 55,2.
'·11 Aristot. Athen, pol. 55, 3.
Xenoph. memor. 2, 2.13; Dinarch. 2,17.
" Aeschin. 1,186.
" Cf. Aeschin. 1, 33.
7·
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NICHOLAS O. CONOMIS
( = Diog. Laert. 1,55) attributed it to Solon and Aeschines quoted it in full
(l,28ff.). Besides this law, which is referred to by Aeschines as "the old one",
there were new enactments also mentioned by him (1,34)*, such as: ol νόμοι oí
7ΐερι της ενκοσμίας κείμενοι των ρητόρων given in § 35 of his speech.
From the fact that such laws existed it becomes obvious that the right to
address the public lay under certain restrictions at Athens. The main law
mentioned by Aeschines is in some ways akin to that which regulated the examination of the Nine Archons. However, to the provisions dealing with the
treatment of one's parents and service in the army, others, concerned with the administration of one's patrimony and the prostitution of one's body, were added.
Anybody who did not observe these regulations ran the risk of being deprived
of his right to speak in public by an accusation of επαγγελία 2 . The person found
guilty under this kind of accusation suffered ατιμία3.
b) B y the term ρήτορες public speakers in the broad sense of the term are
meant and those active in politics in particular. Pollux 8,44 gives as an equivalent δημαγωγοί and Aeschines' statement 1,195: ουδέ γαρ ό νόμος τους ίδιωτεύοντας, άλλα τονς πολιτευομένσυς εξετάζει makes it clear. I t is in connection with
the πολιτευόμενοι ρήτορες και τα ψηφίσματα γράφοντες that Lycurgus, according
to the scholiast of Aeschines, speaks of δοκιμάζεσ&αι επί τω έταιρησαι (cf. Diog.
Laert. loc. cit. : τον ήταιρηκότα εϊργειν τον βήματος). The words δοκιμάζεσ&αι δεί
κτέ. however, need not necessarily be the actual words of Lycurgus.
The dokimasia of the stategoi was a simple examination before a dicastery 4 .
I t was like that of the Nine Archons in character, but it was not indispensable
for a strategos to be an Athenian εκ τριγονίας as it was for an archon. He was
expected to be married and to have some property in Attica 5 . These provisions
no doubt aimed at a wholehearted support of the state on the part a politician,
and a determined defence of Attica on the part of a general®. A reference to
this institution couched in different terms is found in the "spurious" constitution
of Draco 7 .
The Ιππέων δοκιμασία was an annual examination by the Council of the
candidates for the cavalry and of their horses 8 . Candidates once accepted in
Cf. J . SCHREINER, De corpore iuris Atheniensium, Bonn 1913, 61—62.
• Demosth. 22, 29. The technical term used was όοχιμασίαν ¿παγγέλλείν (Aeschin. 1, 2. 32) or έπαγγελίαν
έπαγίλ·
>eír (Aeschin. 1, 6 4 . 8 1 ) . I t seems, however, that from the law-suit of Aeschines against Timarchus and the letter's
condemnation under the third provision of the law, namely ή πεπορνενμένος ή ήταιρηχώς the expression ύοχιμααίαν έπαγγέλλειν came to be usually understood as implying an accusation for prostitution (cf. I . BEKKER, Anecdote Graeca, 2 4 1 . 1 5 , 185. 32, 256, 5; the Souda, s. έπαγγελία;
Lexicon Rhetor. Cantabr., s. ¿παγγέλλειν).
Pollux
8, 43 mentions έταιρήσεως γραφή xal δοκιμασία but in 44 he makes use of δοχιμαοίαν έπηγγέλλετο of the magistrates
as well.
' Demosth. 19, 257, 284; Aeschin. 1, 34, etc.
' I n Demosth. 40, 34 the dokimasia of a taxiarch is mentioned; that of the strategos is simply mentioned in
Lys. 15, 2. 6 . 1 1 ; cf. idem 13, 10.
• Dinarch. 1, 71: παιόοποιεϊα&αι κατά ταύς νόμους, γην έντός ΰρων χτήσ&αι. The second qualification is held in
suspicion by some scholars: G. COLIN, in: CH. DAREMBERS and Ë . SAGLIO, Dictionnaire des antiquités grecques et romaines 4/2, Paris 1905,1524 a and note 3 ; U. KAHRSTEDT, Untersuchungen zur Magistratur in Athen 2,
Stuttgart 1936, 23 and note 3 ; C. HIONBTT, A history of the Athenian Constitution, Oxford 1952, 191 note 7.
The truth may be that the property qualification for office was allowed to go out of use, see JOHN WALTER JONES.
The law and legal theory of the Greeks, Oxford 1956, 306. However, both qualifications are mentioned in the case
of the trierarchs in the newly published decree of Themistocles from Troezen (Hesperia 29, I960, 200 11. 20—22).
• Cf. Thucyd. 2, 65. 2 ; Pseudo-Xenoph. resp. Laced. 2, 14 ; Xenoph. oec. β, 6 s q . Aristotle approves as it.
seems of the institution: pol. 1282a, 2 5 - 3 2 ; cf. Eup. fr. 117.
' Aristot. Athen, pol. 4, 2.
• Xenoph. oec. 9 , 1 5 ; Hipparch. 1, 8 ; 3 , 9 - 1 4 , etc.
1
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101
the corps were examined as to their fitness and t h a t of their horses. Anyone
who entered the cavalry without having been examined was liable to άτιμία1.
One of the objects of the examination was to assure the representatives of t h e
Council t h a t the successful candidate would stay on the corps the whole year 2 .
I t existed already at about 480 B. C., for a kind of ιππέων δοκιμασία is the
subject of an Attic red-figured cup now in Berlin 3 .
The fragment gives no reason to suppose t h a t Lycürgus was referring to any
dokimasia which he himself had undergone.
2. I n post-homeric literature στεφανονν is used, primarily in the passive, with
the meaning " t o be crowned or rewarded with a crown" ; in the 4th century and
several times in Demosthenes the active is used with the meaning "to crown
somebody as a sign of honour, or to r e w a r d " e. g. Demosth. 19,193 mentioned
by t h e lexicographer. Lycurgus 4 , Theopompus and Menander are also said t o
have made use of t h e verb in this meaning.
From Lycurgus' expression " b u t truly you awarded Callisthenes a crown
worth a hundred minas", it is rather difficult to say whether he is favourably
disposed to the person concerned or not. Was the speaker hinting at the high
cost of t h a t crown®, by comparing and contrasting this with t h a t of the past
when important persons were honoured with plain wïeaths ? For this fact one
m a y compare the words of Nepos Miltiad. 6; he comments on the parallel
Athenian and R o m a n customs regarding the excessive honfturs attributed to,
benefactors of the state in post-classical Greece and at Rome during his lifetime.
Alternately the speaker m a y be justifying the wreathing of some person® by
referring to previous examples of people who had been honoured with wreaths
of comparable cost. The expense of honorary wreaths was as is well-known
defrayed by the state-treasury, especially after 332/331 B. C. 7
If this Callisthenes is the same person as t h a t mentioned by Demosthenes 8
then he is the mover of a decree in connection with Philip's threat of attack
on Attica 9 . He was numbsred among the anti-Macedonians but only Plutarch 1 0
mentions him as being among t h e politicians whose surrender was demanded
by Alexander from the Athenians.
3. This entry, like some others in the lexicographers, is wholly devoted to
distinguishing among three persons who bore the name Epicrates. The first of
these was a demagogue from Peiraeus who was exiled and eventually p u t t o
1
Lys. 14, 8 - 9 ; 15, 7 . 1 1 ; 1β, 13.
• Lys. 15, 7.
» See G. KÖRTE, Archäologische Zeitung 38, 1880, 177sqq.; cf. J . D. BEAZLEY, Attic red-flgure vase-paintèrs,
Oxford
1942, 271.
4
Cf. also contra Leocr. 139.
s
It is a phantastic expenditure for a crown at that time when usually golden wreaths were worth five hundred
or a thousand drachmas; see H . M. DHTMAR, De Atheniensium more exteros coronis publice ornandi, Leipzig 1890,
13; H. SCHMITTHENER, De coronarum apud Athenienses hoaoribua quaestiones epigr&phicae, Berlin 1891,12sqq.
It may be a slip of the scribe in the transmission of the number as the sum is missing from the manuscripts with
the exception of those of the Epitome.
' For such a wreathing suggested by Lycurgus through a decree cf. Pseudo-Plut. 843sq.; IG Π ' 345, 351.
' S e e H . M . DITTMAB, loc. c i t . 7 9 ; K B 11, 1922, 1 6 0 0 .
• See Α. SCHÄFER, Demosthenes 2, 297, 329; 3,137sqq., 321; J . KIRCHNER, Prosopographia Attica, 8090;
J . E . SANDYS o n D e m o s t h . 20, 33 a n d O . NAVARBE-ORSINI, a d loc.
• Demosth. 18, 37-38; 19, 86; 20, 33.
Demosth. 23; cf. the discussion of F. JACOBY on Daris of Samoä FGrHist 76 F 39.
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NICHOLAS E . CONOMIS
death 1 for disobedience and bribery. Isaeus wrote a speech against him, a
fragment of which has been published 2 , while among the speeches of Lysias
there is one entitled κατά Έπικρόχους3. The third was a brother-in-law of
Áeschines, a decent person according to him (2,151), but attacked by Demosthenes as going in festive procession without a mask (19,287)4.
Of the second Epicrates little is known. From Lycurgus' expression, as paraphrased by Harpocration, we learn that he was a rich citizen, whose fortune is
said to have reached the colossal sum of six hundred talents (cf. Souda, s. v.
Έπικράτης) and that he was honoured with a bronze statue because of his law
concerning the epheboi 5 . It is now generally accepted 6 that this law was the
one which regulated the Attic ephebeia, as it is known to us in Aristotle and
in the inscriptions from 335 onwards.
Unfortunately nothing is known about the nature of this important law or
perhaps series of laws 7 . Scholars are inclined to accept the view that its inspiration was due to the group of politicians surrounding Lycurgus 8 . This
is not certain, but Lycurgus' comment on the ephebic oath certainly shows
that he was in favour of the institution 9 and the fact that it is from what
Lycurgus says that we came to learn that Epicrates was the initiator of
the law may indicate that he probably made some generous contribution
towards the foundation of the institution 10 . If this is actually the case it
is not the first time that Lycurgus induced other people to make grants to
the state 1 1 .
The date of the law is also obscure but it may perhaps be fixed with Wilamowitz 12 as subsequent to the battle of Chaeronea, perhaps in 336/335 B. C.13 But
as I share the view that some sort of ephebeia existed long before the battle of
Chaeronea, I also share the belief that the main innovation of Epicrates' law
was t h a t it made the institution public and compulsory 14 , its primary aim being
military training.
• Cf. Hell. Ox. 2, 2; Pausan.3,9.8 and the note of H. Hrrzio, ad loc.; Demosth. 19. 277, etc.
• See Bulletin de correspondance hellénique 1, 1877, 151.
• Speech 45; SAUPPE, 186. On this Epicrates see also K. J. DOVER, Classical Review 64, 1950, 5sq.;
J. H. ESMONDS, Fragments of the Attic comedy 1,529,817.
' I t is I think wrong to Identify the second and third Epicrates as so me scholars e. g. G. MATHIEU, Mélanges
offerts à A.-M. Desrousseaux, Paris 1937, 312 note 1, do.
' I t was suggested that the same person moved the decree inserted in Demosth. 24,27 ; cf. R. SCHÖLL, Sitzungsberichte der Bayrischen Akademie der Wissenschaften, München, phU.-hist. £1., 1886, 121 note; J. KIRCHNER,
Prosopographia Attica, 4863 and RE 6,1909,119. COLIN on the other hand (Hyper, p. 159) tentatively identified
the mover of the ephebic law with Epicrates from Pallene ( = Prosopographia Attica, 4909; cf. Hesperia 9,1940,
17; ibidem 19, 1950, 266).
• U. WHAMOWITZ, Aristoteles und Athen 1, 194; Syll.' 957; J . KIRCHNER on IG I I ' 1156; A. BRENOT,
Recherches sur l'éphébie attique, Paris 1920, 30, 49; G. BÜSOLT and H. SWOBODA, Griechische Staatskunde 2,
2nd ed. München 1926, 1189.
' Cf. IG II' 1156. 28. 44; Hesperia 9. 1940, no. 8. 79.
• U. WILAMOWTTZ, Aristoteles und Athen 1, 194; cf. G. MATHIEU, Mélanges, 311-312.
• Contra Leocr. 75—79.
" C. FORBES, Greek physical education, New York/London 1929, 126; A. BRENOT, loc. cit. 41: "un philanthrope".
" Cf. Pseudo-Plut.841c; IG I I ' 345,351.
" Aristoteles und Athen 1,194.
" Much has been said of the establishment of the ephebeia. An exposition is to be found in FORBES' book, chapt.
VII. Recent contributions: G. MATHIEU, Mélanges, 311—312; O. W. REINMVTH, Genesis of the Athenia Ephebia,
in: Transactions and Proceedings of the American Philological Association 83, 1952, 34-50; A. W. GOMME,
A historical commentary on Thucydides 2, Oxford 1956, 529, 733-734.
" Cf. G. MATHIEU, Mélanges, 311.
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103
4. Έπιτροτιενω was used with the dative by Plato in the Laws 849 b 1 to
denote the person on whose behalf the guardianship was granted, but otherwise
it is construed in the Attic dialect with the accusative. The construction with
the genitive is rather frequent in Herodotus and is found in some later texts 2 .
The genitive may be explained by the fact that έπιτρο7ΐεύω belongs to the class
of verbs denoting power or authority 3 ; less probably in Lycurgus' text it
might be accepted as an attraction of the relative pronoun by the genitive
plural of the noun.
The speaker may be referring to the sanctuaries, the property of which he
administered during his treasureship, and his expression sounds like a semitechnical term. Otherwise it is impossible to define the position of this clause
in the body of the speech.
5. Nouns ending in -σμός from dental verbal stems in -άζειν (-ίζειν) occur
early in Greek 4 , but were as it seems frequently employed by prose writers only
in the second half of the 4th century 6 . As for Lycurgus it is noticeable that here
as elsewhere does not seem to avoid professional terms (cf. e. g. the forms
έδωλιάζειν, στιογγοκολυμβητής). Neither εξοδιάζω nor the noun έξοδιααμός are
cited from elsewhere, except from later texts quoted in Liddell- Scott, s. v. but
strangely enough not this example. The periphrasis έξοδιασμόν είληφότων though
somewhat strange is understandable as one of the many periphrases of λαμβάνω
-)- a noun equaling the passive of the respective verb from the noun, e. g.
φόβο» λαμβάνειν = φοβειαΰαι, etc. A similar periphrasis can be quoted e. g. from
Demosth. 18,16: εξετασμόν τιοιεϊοΰαι, etc.
6. There was a statue of Good Fortune in the Prytaneion at Athens 6 . This,
together with the statues of Hestia and Eirene, formed a kind of trinity directly
connected with the prosperity and stability of the state 7 . The sanctuary of the
goddess, however, which was situated at the western part of the city by the
sanctuary of Theseus8, is not mentioned in documents before the time of
Lycurgus. Still, in the dermaticon-inscription the sacrifice offered to Agathe
Tyche yields 160 drachmas and 101 drachmas 3 obols in the years 334/333
and 333/332 respectively. That the cult may have been older than the time of
Lycurgus' administration is very probable9, but the evidence available makes
1
See the note ot Ε. B. ENGLAND, The laws of Plato 2, Manchester 1921, 373.
* See H . G . LIDDELL and R . SCOTT, Greek Lexicon, 8. v .
Cf. R. KÜHNER and B. GERTH, Griechische Grammatik 1, Hannover/Leipzig 1898, 367.7.
' See C. D. BUCK and W. PETERSEN, A reverse index of Greek nouns and adjectives, 2nd ed. Chicago 1044,
184sqq. For such nouns in Homer see J . HOLT, Glotta 27, 193Θ, 182sqq.
1 Menander became the target of Atticists for using Λψωτιαομός, cf. Pollux 11, 38 and Phrynich. eclog. s. v.
σύσσημορ. In the newly published Αύαχολος occurs the noun έπηαιααμΑς (1.178), besides ΙογιαμΛς (11. 344. 719).
Pollux 5,93 disapproves of πλησιααμός ( = sexual intercourse) which occurs in Aris tot. hist. anim. 536a, 15.
' Ael. var. hist. 9, 39. The statue of the goddess was made by Praxiteles, Plin. nat. hist. 36,23; cf. G. LIPPOLD,
R E 22, 1954, 1795; T. B. L. WEBSTER, Art and literature in fourth-century Athens, London 1956, 103. For the
history of the cult among the Greeks see: F. ALLÈGRE, Étude sur la déesse grecque Tyché, Diss. Parie 1889;
1
G. HERZOO-HAÜSBR, B E ,
7 A 2, 1948,
1682sqq.;
L . RUHL, i n :
W . H . R O S C H E R , Ausführliches L e x i k o n der
griechischen und römischen Mythologie 5, Leipzig 1916-1924,1310sqq. ; U. VON WILAKOWITZ, Glaube der Hellenen
2, Berlin 1932, 298-309; cf. also L.DEUBNER, Attische Feste, Berlin 1932; 236sq.
' Her association with the stability of states is testified by Pind. Olymp. 12,1—2: Μσαομαι, πα! ΖητΑς 'ElevöeQÍov, I l/téçar
eàçwûeré
άμφιπόλei,
οώτβίρα
Τύχα.
1 A vague topographical indication is given in IG Π* 1035 (init. s. I) where a τέμενος 'Αγαθής Τύχης is twice
mentioned.
• See F . ALLÈGRE, loc. c i t . 1 6 5 s q .
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N I C H O L A S O . CONOMIS
it doubtful whether the personality of the goddess was distinctly established
before the 4th century B. C. Lycurgus, on the other hand, was rather a reviver
of older cults than an establisher of new ones1.
Agathe Tyche is perhaps honoured by Lycurgus as the tutelary genius of the
city of Athens2 and his personal interest in her accounts for her prominence
during his term of office. Among the decrees moved by Lycurgus while he was
treasurer there is one dated 335/3343 from which we learn about the Good
Fortune and the sacred ornaments which were to be provided for her by her
treasurers and by the superintendents of her sanctuary. In this speech Lycurgus,
in dealing with his administration, perhaps refers to the care taken by him of
the cult of Agathe Tyche.
7. I t is difficult to see what these "aegides" were and what purpose they
served. The prevailing opinion is that Harpocration follows in this entry the
atticist Dionysius and that "aegis" means some kind of net plaited of woollen
thread 4 . The relevant glosses in the lexicographers are poor, carelessly compiled and probably misleading. Herodotus spoke about the Libyan "aegeas"
and must be Nymphodorus who has elsewhere spoken about the goat-skins of
Sardo 5 but some of the lexicographers do not seem to realize it. In Zonaras'
entry the reading προς ràç νεογάμονς in accordance with the Souda seems
indispensable®. The proverb to which the Souda, s. αίγίς refers is perhaps
(αίγίς) περί πόλιν1.
Moreover it is sometimes thought that there exists a confusion between two
words with a distinct meaning in the lexicographers. The first one is αίγίς < αίγή
"goat-skin", "shield" 8 ; the second αίγίς < *αϊγω "shake", "vibrate" (whence
also the words αίγες· τα κύματα9 Artemid. 2,12, Hesych. and αίγλη — "gleam" 10
and αιγίδες, και καταιγίδες, αιτών άνεμων σφοδροί πνοαί11) means a "storm", καταιγίς, ανέμων ανατροφή, όξεϊα πνοή, etc. The two words were as it seems confused
already in Homer and the famous αίγίς of Zeus and Athena was given qualities
belonging to both. For it was a "goat-skin", λαισηιον, but it had also the properties of a storm 12 . As far as I can see the meaning "storm-wind" appears in
literature later than the meaning "goat-skin" and in the post-Homeric period
the meaning "goat-skin" predominates over the other. Now if one insisted
upon the one lemma maintaining that both meanings sprang from αίγίς ~
"goatskin" (?) how are the compounds καταιγίς, έπαιγίζω, etc. to be explaiI Cf. e . g . , Pseudo-Plut. 842a, 843d, 8 5 2 b ; I G I I ' 333, 337.
• Cf. F . ALLÈGRE, loc. cit. 172.
" I G II» 333.
4 SAUPPE, 263.
s Cf. FGrHist 572 F 10.
* Cf. J . G. BAITER and G. A. SAUPPE, Lycurgi oratorie Attici reliquiae, 163; L. DEUBSER, loc. cit. 16.
' Paroem. Graec. 1 ; Plut. 2, 21.
• B y substantivaron from αίγίς δορά, cf. νεβρίς "fawn-skin", but also "cuirass" and "some kind of religiousdress".
• I n the modern Cypriot dialect χόν(β)έΛΛες = "sheep", also the "waves" like the "pecorelle" mentioned by
V. PISANI, Indogermanische Forschungen 53, 1935, 33. This was also the case with πρόβατα: Demetr. eloc. 172:
Qaλάασιον πρόβατον and Eustath. 665. 12sq. : ή γαρ χνδαία γλωσαα έκ τοϋ Άνεμος ποιμένων 6).α, χαΐ ¿χ τοΰ, Βρασχίαζ
χύων, âv άή ποιητικως ¿ρρέ&ησαν, ώρμημέντι ¿τόλμησεν αύτή άαφαλώς örjöev είτιεΐν πρόβατα τά ¿ν τη ΰαλάσση λευκά
τοϊς άφροϊς, κύματα . . .
" See P. KRETSCNMER, Gioita 28, 1939, 2 3 1 - 2 7 9 ; cf. Α. THUMB, Indogermanische Forschungen 14, 1903,
345 sq. who suggests a root aig-,
I I Orion. Theb. Etymologicon (ed. F . G. STURZ). Cited by V. PISANI, loc. cit. 32. where some glosses are quoted.
" See I . B . FARNEIL, The cults of the Greek states 1, Oxford 1896, 96sqq.
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105
ned? Liddell-Scott, s. v. επαιγίζω refer to αίγίς — "storm-wind" and so
does Schwyzer 1 but nowhere in Homer has the word αίγίς the meaning
"storm-wind" (the first passage I know of being Aeschyl. Cho. 592), while
επαιγίζω is already in use there. Frisk, s. v. αίγίς, suggests that the meanir.g
"storm-wind" comes from επαιγίζω, but I doubt whether such a suggestion
solves the problem and does not simply transfer it under the lemma επαιγίζω2.
V. Pisani 3 wants to leave out the meteorogical meaning and to connect αίγίς
to the meaning "goat-skin", "shield" with some indogerm. or mediterr. kind
of arm not understood by the Greeks. The solution of this riddle is admittedly
so difficult that a new suggestion is bound to be only a tentative one, the more
so in the case of one who is not a specialist in linguistics. I must confess that I
would like to support the suggestion of Liddell-Scott and Schwyzer that is to
say the meaning "storm-wind" 4 is a secondary one deriving from the meaning
"goat-skin", but I prefer επέχειν at present and refer the reader further to
Stengel 5 .
Aegis in the speech denotes, like a whole class of nouns ending in -ίς6, a
material or an article of dress. Its primary meaning is goat-skin, which we
know was worn by people in older times 7 . In pre-classical times it was in use
in some religious rites and practices in connection with certain healing divinities 8 . For the classical period there are some references to this practice 9 .
Sleeping on the skin of a sacrificial animal was used to provoke a "divine"
dream 10 ; skins were also used as processional garments or in purificatory
rites 11 .
In the case of Athena the goat-skin besides being her weapon was also
associated with her worship. Herodotus says that goat-skins were used for
dressing her statues 12 and it appears that there was some close relation between
the goddess and the animal 13 . Its skin when sacrificed would possess value as
a magical charm. On special occasions it was carried round the city 14 , perhaps
in purificatory ceremonies. On other occasions it was taken to the homes of
newly-married women (Souda, Zonar. Lex. s. αίγίς).
I
Griechische Grammatik 2, 475'.
• J.B.HOFMANN, Etymologisches Wörterbuch des Griechischen, München 1950, mentions only αίγίς = "stormwind". — A further puzzle is, to me anyway, the phrase: ή iv ταϊς πεύχαις ούλότης, which occurs in Paus. Attic. A 40
(H. ERBSE); Phot. Souda, Zonar. Lex. s. αίγίς; cf. also the lemma χατονίάόα in some lexicographers.
' Loc. cit. 34.
' Cornut. theol. Graeca (ed. E . LANG) θ. 5; Onians, origins of Europaean thought, 2nd ed. Cambridge 1951,
421 and note 8.
5
R E 1, 1894, 971-972; cf. also D.M.JONES, Classical Review, N. S. β, 1956, 238.
• See C. D . BÜCK a n d W . PETERSEN, loc. c i t . 41Β.
7
Cf. the garments of shepherds and villagers in the classical period such as όιφ&έρα, σαχκίον, σάγος, ποδιών,
νεβρίς, βαίτα, άρνακίς, σίσνρνα, φορίνη, ôéççiov, etc. ; cf. also Pausan. 10, 38. 3.
• See M. NILSSON, The Minoan-Mycenaean religion, 2nd ed. Lund 1950, 155sqq.
' Herodt'. 2 , 4 2 ; Souda, s. ôtov χφίιον (cf. Α. TRESP, Die Fragmente der griechischen Kultschriftsteller, Gießen
1914, 86); ibidem, s. τραχτ)» ένημμέτος xrt of Dionysus (cf. Pausan. 2, 35.1); schoL on Aristoph. Acham. 146;
Porphyr, vita Pythag. 14. ΒερβεΙα was a cult-name of Aphrodite in Cyprus (Eriph. 2.13) no doubt connected to
βερβίριον a kind of shabby garment (Anacr. 21. 3).
10
See E. DODDS, The Greek and the irrational, Berkeley 1951, 110 and reff, there.
II
See Souda, s. Διός χφδιον; Eustath. p. 1935.10. On the original use of Διός χφδιον in rites see M. NILSSON,
Opuscula selecta 1, Lund 1951, 181 note 37, 713, 723.
11
4,189 : τάς αΙγίδας των Αγαλμάτων της Ά6ηναίης and ή στολή των παλλαδίων. Eustath. ρ. 603. 4.
" Varrò de agrie. 1, 2 . 1 9 ; cf. L. R. FARNELL, loc. cit. 1, 200.
14
Paroem. Graeci 1; Plut. 2, 21 note: . . . ιέρεια τήν αϊγίδα φέρουσα άγείρει ánó ητς άχροηόλεως άρξαμένη πρός
τά ιερά.
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NICHOLAS O. CONOMIS
The αΙγίδες mentioned by Lycurgus were nets made of wreaths of wool 1 .
They were perhaps some kind of dress 2 the plaiting of which made it look
like a goats-kin 3 . Whether this kind of dress was used exclusively for dressing the statues — as Herodotus, loc. cit. expressly states, or the priestess,
or possibly any participant in some rites is not clear4. It would be a little
surprising if a drees used exclusively for the statues or the priestess were
to be provided in such quantities as IG II 2 333. 12 seems to imply 5 , unless
the number πεντήκοντα preceding refers to a word in the lost part of the
inscription.
In 1 6 II 2 333 we seem to have a sacred law, passed by Lycurgus in 335,334,
which deals with the provision or replacement of sacred vessels and implements.
Is the speaker referring to the same occasion ?
8. Lysimachus, the son of Aristides is also known from other sources6; the
Lysimachus mentioned by Lycurgus is otherwise unknown.
9. In the present gloss there is as it seems to me in the lexicographers and
their sources a confusion of two words. These though derived from the same
root had by this time acquired a different meaning. ΌχεΊος (a cognate with the
verb όχενω)1 is used by Dinarch. fr. 642 of a horse which is kept for breeding8.
Whether in Dinarchus όχείον is an adjective is very doubtful but it is testified
from elsewhere9. The second όχείον comes from όχέω—όχονμαι and means
όχημα, δχος10 i. e. a carriage11.
To Lycurgus' expression γείτονας τον όχείον Harpocration gives conjecturally
the meaning "the place near which όχεϊαι γίνονται κτηνών ή οχήματα μισ&οΰται".
Both meanings are possible and the word γείτονας suggests that in the present
case όχείον is used to designate some locality. Its use by Lycurgus may have
been in connection with some sacred locality which he cleared as some section
of it was previously used either aß a place for the hire of cabs or for "stock
> Eustath. p. 603.17sq.
• Cf. R. E EITZENSTEIN, Inedita Poe ta rum graecorum fragmenta. Index lectionum für das Wintersemester
1892/93, Rostock 1892, 14.
' See 'ΕφημεςΙς <¡e*aioAoyixt¡, 1886, plat. 8; Journal of Hellenic Studies 17, 1897, 313-314 flg. 4 and β.
* W.CRÖNERT, in: F.PASSOW, Handwörterbuch der griechischen Sprache, Güttingen 1912, and H. G.LIDDELL
and R. SCOTT, Greek Lexicon, take it, without good evidence, to mean the dress of Athena's priestess. W. KÖHLER,
Hermes 5,1869,314 expressed the view that it means the net with which the omphalos was covered in the artistic
representations. L. DEUBNER, loc. cit. 16 that the aegis was worn by the statue of Athena Pollas. In this connection
see Pausan. 1, 21. 3 and 5,12. 4; cf. Ο. JAHN and Α. MICHAELIS, Arx Athenarum a Pausania descripta, Bonn
1901. 92sq.
* Cf. also S. FRÍNKEL, in: A. BOECKE, Staatehaushaltung, 104* note 719.
' See J. KIRCHNER, Prosopographia Attica, 9505; Ο. STAHELIN, RE 14, 1928, 31.
' Its derivation from *<)j(et!{ ( = όχεντής).
• Ci. Pollux 3, 93: άταβάται ini τών ir ταίς άγΟαις όχείων;
I.BEEKES, Anecdota Graeca, 56. 32; 287. 32; Hesych.
s. όχείον. liie reading ώνοϋτταί μου τών ίππων όχείον of the Epitome and Souda seems corrupt.
• Besides some passages of Aristotle, Aeschyl. fr. 194 N* bmmv Hvrnv τ' όχεία χαΐ TOVQ<OV γονάς is usually grouped
under this section, see H. G.LIDDELL and R. SCOTT, Greek Lexicon, s. όχείον-, G.ITALIE, Index Aeschyleus, Leiden
1955, s. v. But if I am not mistaken this meaning does not suit the line and the conjunction xoU suggests some
meaning kindred to that of γονάς, The meaning όχείον - vehiculum suggested by W. DINDORF (Lexicon Aeechyleum, Leipzig 1876, s. v.) is not satisfactory either. I would prefer to take όχεία with a meaning kindred to
that of γονάς, something like the meaning of γεννήματα or txyora. This is, as Prof. POPE suggests, further indicated from the whole trend of the fragment. It belongs to Prometheus Λυόμενος and surely what Prometheus
taught mankind was the technique of breeding mules from a horse and donkey and not "stallions of horses
and donkeys" as there could be no such things, mules being proverbially barren. I now see that C. D. BUCK
and W. PETERSEN, loc. cit. 72a distinguish between the two όχεία and that they take the όχεία of Aeschylus as
a derivative of όχεύω.
•· H . G. LIDDELL a n d R . SCOTT, S. V.
" Cf. Hesych.; Etym. Magn.
645.12; I. BEKKER,
Anecdota Graeca,
287.32.
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107
breeding". Such a use he may well have considered as profaning the nearby
temple.
10. The noun σείρινα1 (sc. Ιμάτια) is etymologically associated with the
σείριος not only by the lexicographers but by modern authorities as well2.
This derivation seems to present difficulties and does not seem to have been
firmly established among ancient grammarians, for the lexicographer conjecturally suggests another etymological connection, namely to the Italian town
of Σεΐρις which is usually spelt Σιρις (so Steph. Byzant. and the manuscripts
of Athen. 523 c. e, Eustath. 391.35,790.1 and modern authorities) 3 . But possibly
from σείρ (cf. Souda, s. σείρ, σειράς' ó ήλιος) with the adjectival termination
-ivo-*, the adj. σειρινός was formed and then the noun σείρινον (sc. Ιμάτιο»)
with a recessive accent.
There are two objections against this derivation :
i) formations like the above denoting dress appropriate for a certain time of
the year usually have the termination -αστρον, cf. e. g. χείμαστρον, or
-ίστρο» e. g. Μριστρον;
ii) all nouns derived from adjectives in the way suggested above simply mean
material and not a kind of dress, cf. όόρτινον Hesych., ϋνστινον ibidem.
I would therefore rather connect σείρινα to σειρη ( = cord, rope) which had also
the meaning of "bandage" 6 and that of "light summer garment" (cf. Hesych.
s. σειρή... xaì ίμαζιον άσπά&ητον λεπτόν)β. Through the termination -ivo- the derivation of σείρινα would not present any difficulty. The hypothetical process would
perhaps be σειρη-σειρόν (cf. Hesych. s. σειράν το άνδρεϊον ΰέριστρον Σικυώνιοι)
-σειρινάν-σείρινον either with recessive accent or with its accent regulated
according to the false etymological connection to σείριος.
Unfortunately it is a matter of pure guesswork whether the σείρινα ιμάτια
were ritual garments and whether Lycurgus provided during his term of office
the sanctuaries with them.
VI. On the Priestess
This speech seems to have been the most significant among Lycurgus' orations
on religious affairs and also a long one. Besides the considerable number of
fragments preserved, the wide variety of the entries is a fair indication that the
preservation of quotations on an unusually extensive scale is perhaps not
altogether fortuitous.
1 C. D. BÜCK and W. PETERSEN, loc. cit. 275: "actgiw
Lycurg.; aéçtrop Said.; aÍQtvo* Harp." is not accurate.
' α . F . SoufSEN, Beiträge zur griechischen Wortforschung 1, Straßburg 1908,128 note 2; E . BOISACQ, Dictionnaire étymologique, 4th ed. Heidelberg 1950; J . Β. HOFHANN, Etymologisches Wörterbuch des Griechischen, s.
v. aeÎQtoç.
• This as it seems was the reason of COBET'S spelling (Collectanea critica, Leyden 1878, 169).
* C f . C . D . BUCK a n d W . PETERSEN , l o c . c i t . 2 6 1 .
' Galen. 18 (1), 777; Sor. fase. 23, 24 and elsewhere.
' A number of words related to aagd, {«ed, etc. are collected and discussed by J . BEATTIE, Classical Quarterly 41, 1947, 68.
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NICHOLAS C . CONOMIS
I t is widely believed among scholars that the priestess mentioned several
times in this speech is that of Athena Polias, the Athena par excellence (της
&εον) who had her abode in the Erechtheum 1 . The identification seems safe
enough in view of the evidence furnished by a number of quotations which refer
to Athena and her priestess 2 . The title, therefore, should read περί της ίερείας
as is actually given by the majority of the authorities; hence the article της
should be restored in a few cases where it has been omitted. Meier's suggestion 3
that the title was περί της ίερακτόνης has no serious arguments in support of it.
Furthermore, it is known that the sole priestess of Athena Polias, like the
priest of the Poseidon Erechtheus, was chosen among the families of the genos
of the Eteobutadae 4 , to which Lycurgus belonged. The priesthood, hereditary
in the genos, was assigned in the case of the priestess to individuale chosen by
lot among the families of the Eteobutadae 6 .
On the other hand, Lycurgus' interest in religious affairs is well known.
Besides proposing his decrees on several state-cults, he took an interest in and
regulated the cults connected with his own genos. Pseudo-Plut. 843 c says that
he also regulated the priesthood of Poseidon Erechtheus. His intervention in
this case, is a further manifestation of his personal interest in this field.
Fr. 1 shows that the speech was delivered before a court and that the case
aroused the public interest. This does not necessarily mean that it was a public
case (γραφή) held before one of the usual law-courts composed of ordinary
citizens. I t is more likely to have been some kind of "public" dispute (διαδικασία)6, perhaps before the archon basileus as the case concerned religious
affairs 7 . However, it is not easy to be decided exactly what kind of diadikasia the
case was. Meier 8 sums up this uncertainty: "Illud autem mihi parum constat,
utrum pertinuerit oratio ad διαδικασία» sive illius" (sc. Minervae Poliadis)
"sacerdotis cum aliis sacerdotibus de reditibus vel de sacrificiis litigantis sive
Eteobutadarum quorundam id sibi sacerdotium vindicantium, an apud po1 This is only the predominant view; other views mentioned by C. J . HER Ι Ν OTON. Athena Parthenos and
Athena Polias, Manchester 1055, 20sqq. About the goddess and her cult see : C. O. MÜLLER. Minervae Poliadis
s a c r a . G ö t t i n g e n 1 9 2 0 ; F . DTTHMLER, R E 2 , 1 8 9 6 , 1 9 5 0 s q q . ; C . K R U S E , R E 2 1 , 1 9 5 2 , 1 3 6 3 - 1 3 6 5 ; L . R . FARNELL,
loc. cit. 1, 392sq.; W. WVSE, Classical Review 12, 1898, 145sqq.; L . DEUBNER, loc. cit. 45sqq.
* Cf. also MEIER, in: KIESSLINO, C X X X I X .
' I n : KIESSLINO, C X X X V I I I .
4 C f . ApoUod. 3 , 1 5 . 1 :
Πανόίονος
δε άπο&ανάντος oí παίδες τα πάτρια
λαμβάνει, τήν δέ Ιερωσύνην της Ά&ηνας και τοϋ Ποσειδώνος
του ΈοιχϋονΙον
έμερίσαντο
και τήν βασιλείας
Έρεχ&εύς
Βοότης;
cf. also P l u t , quaest. sympos.
9,6; Harpocr. s. Βούτης, Έτεοβσοτάδαι; Phot., Souda, s. Έτεοβοντάδαι; Etym. Magn. 386.3.
6 Though we know that the priesthoods serving both gentile and public cults were generally assigned by sortition, yet we lack particulars of the practice ; see W . S. FERGUSON, Hesperia 7,1938,50—54 ; C. HIGNETT, A his tory
of the Athenian Constitution, 64; D. M. LEWIS, Annual of the British School at Athens 50, 1955, 4. Pseudo-Plut.
843 f says that Habron, the son of Lycurgus was given the priesthood by the genos but that he transferred it to
his brother Lycophron. Two other persons from Lycurgus' family held the priesthood, Medeius and Philippe,
cf. Ibidem 843 b. A list of the known priestesses of Athena Pollas is given in : Annual of the British School at
Athens 50, 1955, 7sqq.
* To this kind of diadikasia belong cases which are of public interest: e. g. διαδιχασίαι τριήραρχων; Aristot.
A t h e n , p o l . 6 1 , 1 : fi. τοις γένεσι xai τοις ίερεϋσιν ύπέρ τών [γ]ερών,
i b i d e m 5 7 , 2 : είς έπιτροπής
διαδιχασίαν;
ibidem
56, 6, etc. See further Π. ΦΩΤΙΑΔΗΣ, Άβηνά 1 7 , 1 9 0 5 , 9sqq. and J . Η. LIPSIÜS, Das attische Recht, 465 note 9.—
On the diadikasia see: G. Α. LEIST, Der attische Eigentumsstreit im System der Diadikasien, J e n a 1886, passim ;
E . CAILLEMER, in: CH.DAREHBERQ and E . SAQLIO, Dictionnaire des antiquités grecques et romaines, s . V . ;
Τη. THALHEIM, R E 5, 1905, 305—306; L. GERNET, Droit et société dans la Grèce ancienne, Paris 1955, 70sqq.;
J . W . JONES, The law and legal theory of the Greeks, 205—208.
7 Cf. I . B E K K E R , A n e c d o t a G r a e c a , 2 1 9 . 1 4 : . . .
xai
χάζει δέ χαι τοις γένεσι χαΐ τοις ίερενσι τας Αμφισβητήσεις
ρ/cv; I. BEEKER, Anecdota Graeca, 310. 6.
* I n : KIESSLINO,
δν τις ίερωσύνης àfi<i ίπβητήση προστιμς (SC. βασιλεύς),
διαδιτάς ι'ηί'ρ τών γέρων . . . ; c f . a l s o P h o t . s . ηγεμονία
διχαστή-
CXXXIX.
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Notes on the Fragments of Lycurgus
109
pulum, in concione vel apud nomothetae habita sit, u t lex vel plebiscitum de
sacerdote Poliadis perferretur." Sauppe suggested:
i) A dispute between the Priestess and another priest (cf. for instance
Pseudo-Demosth. 59,116) where a hierophant, Archias, is said to have
interfered with the duties of a certain priestess. He was found guilty and
punished by the court. The case is discussed by Toepffer 1 .
ii) A dispute between the Priestess and a secular official who interfered with
her duties or privileges.
iii) A dispute among the Eteobutadae» cf. Dinarch. 219 = Sauppe, 334: διαδικασία Φαληρέων .(a deme) προς Φοίνικας (a family) υπέρ της ίερωαννης τον
Ποσειδώνος.
In the first and second case the priestess of Athena Polias and her privilegès
would be defended by Lycurgus. Some of the quotations indicate t h a t he tried
t o exalt the office of the priestess in such a way as to make any intrusion upon
her duties appear a serious misdemeanour.
Though to some extent it is understandable how these quotations came to
be used by the speaker, still it is impossible to define their exact place in the
speech and their exact reference to i t 2 .
The date and t h e résuit of t h e case are unknown.
1. Both meanings of παράκλησις noted by t h e lexicographer are recorded in
Liddell-Scott 3 . The meaning "request", however, is mainly illustrated from later
t e x t s 4 . I n spite of t h e assurance of the lexicographer one does not feel sure
t h a t the meaning in this quotation is the one he alleges. The only justification one can see for the lexicographer's distinction is t h a t δεήσεως could be
substituted for παρακλήσεως in Lycurgus, but δέησιν could not replace παράκλησιν in Isocrates. I t resembles Hyper, κατά Δημοσύ. 39, 25: λόγου παράκλησιν where unfortunately the context is missing.
From the context it m a y perhaps be inferred t h a t προλέγειν here means
simply "say beforehand" (cf. e. g. Harpocr. s. επί κόρρης, &εσμοϋέται, and
elsewhere); less probably "say in the prooemium" but not "state publicly".
The quotation apparently comes from the exordium. The actual words
indicate t h a t t h e case was n ô t a private one but of public interest, so t h a t the
jury would of themselves listen t o the speaker favourably; the last statement
need not be taken too seriously for it constitutes a typical practice in Attic
oratory when the speaker anticipates for himself t h e favour or eagerness of the
court to listen to his case; for t h e use of the logical vwl δε preceeded by an
alternative condition not fulfilled t o imply something quite determined by the
circumstances "as it is", "as t h e case stands", cf. contra Leocr. 23: et μεν οΰν
ζών ετνγχανεν ó 'Αμύντας, εκείνον αν αυτόν παρειχόμην' vwl δ' νμϊν καλώ τους
1
J . TOEPFFER, Attische Genealogie, Berlin 1889, 94-95; cf. also Dinarch. 30 (SAUPPE, 323,334).
* KIESSUNO, 95.
' Greek Lexicon, s. v.
4
Seé H. G. LIDDELL and R. SCOTT, loc. cit. where to the section πα&ίχΧησις ( = exhortation) add from the
oratore: Isocr. 5, 89. 92 ; 9, 7β; 12, 23β; Pseudo-Demcsth. 5Β, 47.
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NICHOLAS O. CONOMIS
συνεώότας, also νϋν δε contra Leocr. 3. 135 with no perceptible difference in
meaning 1 .
2. The fact that Lycurgus used the two terms repeatedly may indicate that
he described the whole process of a certain sacrifice (cf. fr. 18) with a special
mention of the ¿τιιτελέωμα, the offering made in addition to the usual sacrifice
in order that the latter might be completed. We are not sure whether the verb
όνεσ&αι used by the speaker indicates that the έπιτελέωμα was a sacrifice of
blood.
I t seems that ετκτελέωμα was a technical term as opposed to πρό&νμα. This
may be inferred from the use of the verb επιτελεοϋν e. g. Plut. Mar. 22 : ενηψε την
τινράν και την ϋυσίαν έπετελείωσεν or of the noun επιτελείωσις e. g. Plat. leg. 784d
and of the adj. ¿πιτέλειος.
3. If one is to rely on the text as emended it would seem that the speaker
dwells on the punishment imposed in a traditional case when the condemnation
followed an unconscious fault, no doubt in an attempt to parallel his case with
that one.
The manuscript reading ίως τους λ' μήνας was emended by Maussac to ίως
τάς τριάκοντα μνάς but the clause was not grammatically correct 2 and Sauppe
aided by the title of a rhetorical excercise in Sopater edited in Walz 3 : μετά
Μαραΰώνα Μίκων ο ζωγράφος τονς βαρβάρους γράφας μείζους των 'Ελλήνων κρίνεται4 emended the text as above 6 . Blass though he recognizes the improvement
in the sense of the citation rightly did not accept the reading into his text and
it is better to leave the crux before ίως.
For the Athenian painter Mikon (Μίκων Φανομάχου Άύηναϊος) see Kirchner 6 ,
Lippold 7 , Löwy 8 . The best sources, however, ascribe the painting of the battle
of Marathon at the Poekile Stoa to Panainos or better (?) Pleistainetos® rather
than to Mikon or Polygnotus 10 . The only fact in this episode is that the Persians
were painted at the Poekile Stoa larger than the Greeks. I t is probable that the
aim of the painter was to exalt the Athenian victory. C. Robert, loc. cit. supposes that this was the case, or t h a t it was a result of the painter's technique so
that the figures in the background were painted bigger than those in the front.
Further according to Persius 3, 53 the "barbarians" were represented "bracati",
in their national anaxyrides, a fact which to some extent may account for their
bigger stature. For the traditional painting of the kings of Persia by Greek
1
See further H. G. LIDDRLL and R. SCOTT, Greek Lexicon, s. rvr I 4; W. WYSE, The speeches of Isacus 1,
Cambridge
1904, 30. 4.
1
"Neque
Ιως ferri potest ñeque articulus ñeque accusativus casus mulctae" (p. 285).
1
Rhetores Graeci 8,126.
' KIESSLINCI, 105 thinks that the clause constitutes the title of a rhetorical study; C. G. COBET, Collectanea
critica, 180 opposes SAUPPE'S reading.
• See C. ROBERT, Die Marathonschlacht in der Stoa Poekile, in: 18. Winckelmannsprogramm, Halle 1895,18
note 15.
' Prosdpographia Attica, 10200.
' RE 15,1932,1557-1561.
• Inschriften griechischer Bildhauer, Leipzig 1885, nos. 41—42.
• I t is thought that the name of Panainos was wrongly given in some ancient sources instead of that of Plelstaenetos, the brother of Pheidias and the author of the painting, see G. LIPPOLD, RE 21, 1951,193; idem, RE 18,
1949, 417.
10
See W. KLEIN, Archäologisches Jahrbuch 33, 1918, 20. For Mikon, besides Sopater, are Ael. nat. anim. 7, 38
(where Polygnotus is also mentioned) and Arrian, anab. 7,13. 5. — For the Stoa and the painting see now R. E.
WYCHERLEY, The Athenian Agora: Testimonia, 31 sq.
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Notes on the Fragments of Lycurgus
111
artists cf. Philostr. Love Letters (Loeb) 7 : εν ταΐς γραφαΐς . . . oi Περσών βασιλείς
τρυφώσι και μετέωροι κάΰηνται τω πολλω χρυσίω περιβαλλόμενοι το σεμνόν.
4. Σνσσημαίνεσ&αι is used in cases where the seal of two or more officials was
needed e. g. IG I 2 91. 16/18: και συνανοιγόνjτον καί σνγκλειόντον τάς ϋνρας (sc.
τους ταμίας) τδ όπισ&οδόμο καί σνσσεμαινόσ&ο|ν τοις τον τες Ά&εναίας ταμίαις1.
Lycurgus is perhaps here referring to transgressions of the regulations when
the priestess was not asked to join in sealing the sacred cult-objects or the
treasure of the goddess. For the priestess also had to render accounts of the
goddess' money 2 . That the whole speech was about a dispute between the priestess
and the treasurers of the sacred money as Kiessling, 44 suggested seems improbable. This is the only fragment in which one can find such a reference, and
even so it is of an uncertain character. If the speech was on financial matters
one would expect some more direct citations on related subjects. Συσσημαίνεσϋα tmay be related to the purchase of new (or to the repair of the old) cultobjects for the goddess, in which case the priestess should certainly have had
an active part, and her seal would have been indispensable for the correct
setting of the accounts 3 ; compare IG II 2 1472. 7 (326-325 Β. C.) where the
priestess is mentioned in the accounts of the treasurers of Athena and the
other gods as handing over to .the tamiai a certain dedication 4 . Double-sealing
in slightly different phraseology is mentioned on other occasions : IG II 2 204.39 f. :
6 δε έτιιστάχης \τω\μ πρυτάνεων καχασημη[νά]σ&ω [τηι δημ]οσία σφραγίόι, παρασημηνάσ&ω δε καί των [5]λλ[α>]τ [Ά]·&[ηναί]ω[ν] ό βον[λ]όμενος, cf. Plato leg. 954 b.
'Επί
gen. is used here as in contra Leocr. 64 : δταγ οδν ταύτη» εφ' ενός τις
παρίδη, λέλη&εν εαυτόν εφ' άπάντατ» τοντο τιεποιηκώς with a meaning roughly
corresponding to the phrase "in the case of 6 ". But it should be confessed that
the reading of Blass υπό ψηφίσματος seems on the whole preferable. The most
probable context of the citation would be to have in the first part some term
implying comparison — such as offro», τοσούτον and the like® — followed by ώστε
and the infinitive clause.
5. The use of περί
accus, to denote round numbers is well known; the use
of the dative for this purpose, however, is as far as I know unknown from
elsewhere and one cannot help doubting whether the evidence of the Latin
author is reliable. Priscian may have been misled by a sentence such as χρήματ'
εδωκεν ώς περί εϊκοσιν άν&ρώποις where the case is determined by the verb.
6. Lycurgus, unlike Pseudo-Demosth. 60, 31, is not referring to the archegetai
of all the ten phylai ; nor is he actually referring to Hippothoon, for it is Alope 7
alone that is mentioned. The story of the beautiful daughter of Kerkyon very
1
Cf. also leocr. 17, 34.
• Cf. Aeschin. 3,18.
» It was the habit for a priestess both in Anatolia and Greece to assert authority by using a stamp seal,
see Journal of Hellenic Studies 68,1948,12.
' Cf. Annual of the British School at Athens 50, 1955, 12.
' The translation of the passage would then be: ,,So that though it was ordered in the case of a decree that the
priestees" ctc·
*
•7 Cf. contra Leocr. 3. 8. 12. 82.108.125.140. 148.
See J. TOEPFFER, RE 1, 1894,1596 no. 6; O. GRUPPE, Griechische Mythologie 1, München 1906, 200, 600. 1 ;
L. PRELLER and C. ROBERT, Griechische Mythologie 1, 4th ed. Berlin 1884, 589. 2; U. WILAMOWITZ, Der Glaube
der Hellenen 1, 215.1, etc.
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NICHOLAS E . CONOMIS
much resembles other Athenian stories — e. g. the story of Kreusa and Ion 1 —
and it is doubly aetiological by explaining the names of the phyle Hippothoontis and of a spring at Eleusis, cf. Hesych. s. Άλόπη. The legend of Alope,
her father Kerkyon and her son Hippothoon seems to refer to the cult of Poseidon
Πατήρ while the first component of the name Hippothoon reminds us, besides
other heroic names, of Hippios Poseidon 2 . Furthermore, the legend indicates
tribal movements and perhaps refers to the region from which Poseidon's cult
was introduced and shows that Poseidon was regarded as a kind of ancestor
or clan-god 3 .
Lycurgus seems to have plunged into a mythological digression which does
not seem to be strictly relevant to his speech 4 ; unless we assume that he referred
to Alope when speaking of the Skirophoria.
7, Διαλλάττειν used absolutely or with a personal object means "reconcile"
(= σννδιαλλάσσειν) but when the object τον βίον was added it sometimes became
a synonym to μεταλλάττειν τον βίον5. In the present case we cannot tell whether
or not τον βίον was written. I t is never omitted elsewhere — in the orators anyway — and the only instance of an absolute use of διαλλάττειν in the sense
"die" cited in Liddell-Scott is from Cornut. Theol. Graec. 74,8 (K. Lang).
I cannot see any plausible connection between this term and Lycurgus'
speech; the fact that Isocr. 6, 17; 9, 15 uses μεταλλάττειν τον βίον of Heracles
and Aeacus respectively and Lycurgus himself loc. cit., of those killed at
Chaeronea may suggest that he is referring to the death either of some hero
or of a certain priestess.
8. Nothing beyond the fact that the sacrificial term έπίβοιον (= το επί βοϊ&ϋμα)
was used by the speaker is given.
About the double offering of oxen and sheep to the deities of the Acropolis
we learn something from Horn. II. Β 550 where an annual sacrifice to Erechtheus
is 'anachronistically' mentioned perhaps during some festival corresponding
to the later "lesser Panathenaea" 6 . The reading Πανδρόσω instead of
Πανδώρα seems safe on the evidence of IG I I 2 1039. 57/58 (1st century B. C.):
(ot έφηβοι) ε&νσαν . . . τά έξιτητήρια εν άκροπόλει τ·η τε Ά&ηνά Trj Πολιάδι και xf¡
Κονροτρόφω και τγ} Πανδρόσω. Cf. ibidem 1.5 f. 7 I t was said that a certain custom
prohibited the priestess of Athena from sacrificing a sheep (άμνή) to the goddess,
see Androtion FGrHist 324 F 55.
1 Both legends were used by Euripides in his plays Ion and Alope. The latter is not dated, but it is mentioned
by Aristoph. aves 559 (a. 414 B . C.). Alope was also the title of a tragedy by Choerilus (Pausan. 1 , 1 4 . 3 ) . Besides
the Atthidographer Hellanicus (FGrHist 323 a F β) the story was mentioned by Pherecydes (ibidem 3 F 147).
* An inscription from the Agora (Hesperia 7, 1938, no. 1. 92) yielded the variant Ίπποόρόμιος known before
only from Pind.' Isthm. 1, 54. See W . S. FERGUSON, Hesperia 7, 1938, 25 note 5; cf. R E 22, 1953, 499.
' * Cf. L. Β . F AHN ELL, loc. cit. 4 , 3 7 . From the fact that there exists a diadikasia between the deme of Phalereans and the genos of Phoenlees JACOBY (on F G r H i s t 323 a F β note 8) inferred that the cult of Poseidon has come
down from the time of the clan-state.
4 How difBcultitis for us to see how a mythological digression was used by a speaker is shown by the extant
speech contra Leocratem. Suppose the speech were lost and we had a meagre reference to the εύαεβών χώρος
(S 96), could one infer with any precision how the story was used by the speaker?
• Contra Leocr. 50.
• This offering was represented as part of the Panathenaic festival on the frieze of Parthenon; see L. R . FARSELL, loc. cit. 1, 290.
' F. DBMMLER, R E 2, 1896, 1960 keeps the reading Pandora.
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Notes on the Fragmente of Lvcurgus
113
9. The lexicographer explains in rather awkward terms έπιμηνια as so-named
i) Because the sacrifice was offered every month (επί μηνί) for the state;
ii) Because the sacrifice was offered for the month's good luck (υπέρ τοϋ
μηνός), presumably also once a month.
It seems that the first explanation of the name, i. e. monthly sacrifice, is the
correct; the second is a lexicographer's fancy. Sometimes this sacrifice is also
called έμμηνα ιερά1. Apparently it took place at the beginning of the month as
some lexicographers expressly state, e. g. Hesych. s. έπιμήνωι, or as other
references to offerings on the first day of the new month indicate, e. g. Herodt. 6, 57. 2.
10. On the whole it seems better to expunge ώς with Salmasius and leave
επί γης ίδρνμένην κοίλην as it is 2 . The following texts may also be considered;
Hesych. s. έσχάρα- βωμός Ισόπεδος, ουκ εκ λί&ου υψούμενος κλπ.3 and Eurip.
schol. on Phoen. 1, 274: έσχάρα μεν κκρίως ο επί της γης βόάρος êv&a έναγίζουσι
τοις κάτω άρχομένοις· βωμός, δε εν οϊς ϋνσοσι τοις έπονρανίοις ΰεοϊς νϋν δε βώμιοι
έσχόραι τά κοιλώματα των βωμών*.
However this distinction was not always followed and Euripides uses in
Heracl. 73 and 124 the word βωμός whereas in 121 and 127 for the same object
the term έσχάρα is used 6 .
Lycurgus perhaps uses έσχάρα in his speech as a synonym of βωμός cf. PeeudoDemosth. 59, 116 where the case may resemble the present one*. On the distinction between kindred words like βωμός, έσχάρα, εστία, etc. see A. Tresp 7 , though
there seems to have been some difference between the use of the word by poets
and by antiquarian writers; it is in the latter that the large number of glosses
which gives us some information originates.
Whether the speaker refers to the altar of Butes 8 or to the έσχάρα of the
temple of Athena Polias or, indeed to any other έσχάρα, is not clear 9 . The
extant testimony of the lexicographers, however, as well as the evidence of the
few surviving and identified monuments of this kind, perhaps indicate that this
type of altar was more appropriate to a hero cf. Pollux 1, 8: έσχάρα δ' ίδικώς
δοκεΐ μεν ώδε ονομάζεσ&αι, έφ' ής τοις ήρωσιν άπο&νομεν κτλ. For a recently discovered archaic eschara at the Agora of Athens see Hesperia 24, 1955, 43ff. where
further bibliography, especially of preserved monuments, is given (p. 46 note 29).
11. The genos of the Eteobutadae for which see Toepffer 10 and the references
in Jacoby under Eteobutadae in FGrHist I I I b Suppl., vol. 2, especially on 344
1
Siphol. Electra 281; Plat, leges 828c.
* Cf. also Eustath. 815.12: τήν xug&uç Ó¿ λβγομάτηρ ¿σχά^ατ τήν μή ¡χουσατ ΰψος &U' ¿rei γης ούσατ ή χοίλην.
' In Hesych. : ¿σχάραι πνρόζ- ¿ni ¿Λόφους àr&Qaxiç, I read : ¿πΐ έδάφονς dragamo/; cf. Phot. 8. v.
' Cf. also Porphyr, de antro nymphar. β: x&oríot di xai ή&οσιν ¿σχάρας and Steph. Byzant. 191. 6/7.
' Cf. also Eurip. f r . 628 Ν · ; A . C. PEARSON, Sophocl. f r . 730; J . PROTT a n d L . ZIEHEN, Leges Graecorum eacrac
e titnlis collectae 1, Leipzig 1896, 24.
' About ground-altars dc αύτοαχΜας
Ά&ηραϊοι
καλοϋσιν έαχάρας
( P a u s a n . 5, 13. 8) see C. Q. YATIS, Greek
altars, St. Louis 1949, 130.
' Fragmente der griechischen Kultschriftsteller, 91sqq.; also E. EEISCH, EE 6,1909, 614sqq.; A. Gow, Journal
of Hellenic Studies 32,1912,213sqq.;M. NILSSON, Opuscula selecta 1, 211 note 124; CE. PICABD, Comptes Rendus
de l'Académie des Inscriptions et Belles-Lettres, 1936, lllsqq.; F. JACOBY, FGrHist on 84 F 7, 361 F 1.
• Pausan. 1, 26. 5.
' Cf. KIESSLING, 99.
'* Attische Genealogie, 113sqq.; Hesperia 7, 1938, 50sq., 53.
8 ELIO
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NICHOLAS E . CONOMIS
F 1, was one of the most ancient and so much honoured t h a t the term Eteobutades became synonym with ευγενής1. The families which belonged to this
genos were believed to be descended from a single ancestor, the hero Butes,
on whom see Frazer in Apollod. (Loeb) 2, 101 note 2 and Hesperia 1, 1932, 29;
Butes himself descended from Erechtheus (Pseudo-Plut. 843 e : κατήγον δε
το γένος άπωτάτω μεν απ Έρεχ&έως τον Γης και Ηφαίστου) and both ancestors were
offered sacrifices on the altars of the Erechtheion 2 . According to Apollodorus
3, 15.1, however, Erechtheus was the brother of Butes, both being sons of
Pandion. Dividing their patrimony Erechtheus took the kingship, Butes the
priesthood 3 .
As far as the name Eteobutadae is concerned it seems 4 t h a t after the reforms
of Cleiethenes the name Eteobutadae was employed in order to distinguish
between the genos and the deme which was also called Butadae 5 . Perhaps the
new term also gave the genos greater prestige 6 . That this genos furnished the
priestess of Athena Polias from the branch of the clan to which Lycurgus belonged is well known 7 . A catalogue of this family giving the line from which
Lycurgus descended is given by Pseudo-Plut. 841 b sq. 8 The portraits of all the
Eteobutadae who became priests of Poseidon were in the Erechtheion, a votive
of Lycurgus' son Habron, cf. Pseudo-Plut. 843 e.
12. If the subject of Lycurgus' speech together with the lexicographer's
explanation of κύρβεις is taken into account, then the assumption t h a t the
speaker mentioned κνρβεις when referring to the sacred laws and the sacrificial
regulations seems probable®.
As regards the name and meaning of kyrbeis 10 and their shape see Swoboda,
R E 12, 1924, 134 and L. B. Holland, loc. cit. 346-362. On their distinction
from axones the explanation offered by later authorities, of whom Apollodorus
mentioned in the entry is one, that the kyrbeis were the tablets containing the
sacred law and t h a t they were three-cornered (cf. also Harpocr. s. άξονι) seems
very doubtful and on some points even conflicts with information given by
other sources.
Apollodorus' account was an attempt to explain "earlier statements that the
same laws were on stelai and on kyrbeis, coupled with a notion of triangularity
and a surfeit of word resemblances" but he was writing about something which
1
Cf. Synes. neçt M n r f a r 144c; also Paroem. Graec. Apost. 8, 52; Etyra.Magli. 386. 3; Souda, β. Έτεοβοντάδαι;
I . Β ε κ κ β κ , Anecdota Graeca, 257. 4, where the genos is given as Έτεοβοντάόης. Aeschines (2, 147) counted it
exceptionally honourable that the phratrla to which his father belonged was also t h a t of the Eteobutadae and
t h a t the two gene had some common rites.
• Pausan. 1. 2β. 5.
» Cf. Hesperia 10, 1941, 117.
1
8
C f . J . TOEPFFER, l o c . c i t . 117.
I n Harpocr. Βοντάόης- ύημος της ΟΙνηίύος φυλής perhaps Βουτάδαι (?). Cf. Steph. Byzant. 9. Βουτά6αι and IG
II* 3474. 3: Βονταδέων Μμωτ.
• Harpocr. loc. cit. : olor oí άληΟως ΛπΑ Βούτον. The adjective ίτεός as first component with the meaning "genuine", " r e a l " occurs in other compounds; see H . FRISK, Griechisches etymologisches Wörterbuch, s. ίτιός.
7
Cf. Aeschin. 2,147; Plut. mor. p. 323; Niceph. Greg, in schol. ad Synes. orat. de insomniis.
• Cf. J . TOEPFFER, loc. cit. 122sqq.
• C f . KIESSLINO, 1 0 6 .
' · The etymology of the word is not as yet known; for suggestions see É. BOISACQ, Dictionnaire étymologique;
J . Β. HOFHANN, Etymologisches Wörterbuch des Griechischen, s. v. ; L. B. HOLLAND, American Journal of Archaeology. 2nd series 45, 1941, 359.
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N o t e s on the Fragments of Lycurgus
no longer existed in his day 1 . The passages of Lysias from which the abovementioned opinion about the κνρβεις was inferred, namely 30, 17. 18. 20. 21,
do not seem to give a fair picture because the orator there contrasts the ancestral
sacrifices according to the kyrbeis (30, 18) with those on the stelai as recorded
by Nicomachus (30, 21). On the other hand it is not certain whether the two
terms were identical. Jacoby 2 thought that kyrbeis is the archaic word for
axones. Jeffery 3 expressed the view that the kyrbeis contained regulations
about sacrifices dating from before.the Persian war. Oliver 4 maintained t h a t
kyrbeis had at the end of the 5th century the abstract sense of the law· code as
a whole 5 ; in the 4th century, however, the kyrbeis came to denote only the code
of 410—401 B. C. e , while the axones denoted the pre-410 code. L. B. Holland 7
in his attempt to offer an explanation of the exclusive use of this term suspects
t h a t all the laws were re-inscribed on objects which resembled in form and
material those which previously held only the sacred regulations 8 .
13. Prom IG II 2 334 (a. 335/334)® we learn about the two sacrifices offered on
the Acropolis on the occasion of the lesser Panathenàea, one to Athena Hygieia,
the other to Athena Po lias, except that one of the best cows was to be sacrificed
on the altar of Athena Nike (ibidem 1. 20: μίαν δε bù τω της Νίκης προκρί[ναντες
εκ των]
χαλλωτευουσών
βοών).
Lycurgus in this quotation refers to the same deity. The reference of Harpocration to the xoanon of the goddess, very likely made during the Peisistratian
rule 10 , may indicate that the speaker m a d e a special mention of it in his speech.
Apparently the same xoanon is also mentioned by Pausan. 5, 26. β: άπομιμονμενος
( s c . Κάλαμις)
το 'Α&ήνησι
της
'Απτέρον
χαλονμένης
ξόανο».
A
different
statue of the goddess is referred to in IG II 2 403 ; the latter was erected after
425 B. C. and repaired atesóme time between 350 and 320 B. C . u
The official name of the deity in the 5th century inscriptions is Νίκη 'Αθηναία or
more often (ή) 'Α9ηνά {ή) Νίκη12. Only afterwards was she called Νίκη "Απτερος13.
In importance this goddess was second only to Athena Polias, having a special
priestess and a distinct fund 1 4 .
'
'
•
•4
See L. B. HOLLAND, loc. cit. 35».
Atthis, 309 note 61.
Hesperia 17, 1948, lOSsqq.
Hesperia 4. 1935, 9sqq.
"The body of ancient law, derived partly from Draco but chiefly from Solon", loc. cit.
• Cf. also w . S. FBRSDSON, Hesperia 7, 1938, 67 who comments on the phrase ix trileßemv 1. 87 of the sacred
law he treats there. The view of Oliver is followed as it seems by C. Hignett, loc. cit. 24—25 and V. Albini,
Lisia, Firenze 1955, 446 note 11; cf. also L. OïRNET and M. BIZOS, Lysias 2, Paris 1924, 167 nòte 1.
' Loc. cit. 346sqq.
• For a summary on the problem of the axones and kyrbeis see C. Hionett, loc. cit. 24sqq. and R. Wycherley,
loc. cit. 30-31.
> The beginning of this inscription has now been published, see Hesperia 28, 1959, 239sqq.
' · See Γ.Π.ΟΙΚΟΝΟΜΟΣ, Έφημεβίς άρχαιολογιχή, 1939-1941, 108.
" ΆγαΛ[μα της Άόηνάς] τηςΝίχης ή* áv¿[ó]aaav [Ά&ηναϊοι ini Άμπρακιωτών]. The cult of Athena Nike on the
Acropolis reaches at least the half of the 6th century B. C., see O. P. Oikonomos, loc. cit. 97sqq. J. TH. H i l l ,
Ancient city of Athene, 145 and references in note 15. About the representation of Athena Nike in art see, besides
Oikonomos, L. R. Faknbll, loc. cit. 1,338sqq. The typical representation of the goddess shows her holding a
helmet in her left hand and a pomegranate — symbol of her chthonic and fertility qualities in her right hand.
" See L. R. F a r n e l l , loc. cit. 1,408; W. WY8E, loc. clt 145sqq. Aristophanes, however, refers to her always
as ΝΙχη (aves $74; equ. 589; Lys. 317) and so once Demosthenes (24,121) and Sophocles (Phil. 134) and normally
Euripides with the exception of Ion 1529 : Νίχην Ά&ηψάν.
"14 See Pausan. 1, 22. 4 with the note of Η. Ηιτζια and H. Bluemnkr, ad loc.; cf. also idem 3,15. 7.
Cf. e. g. IG I ' 324 and 326, 298, 304 A, Β, etc.; see also W. S. Febgcson, The treasurers of Athena, passim.
8*
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NICHOLAS E . CONOMIS
From two 5th-century decrees, I G I 2 24 (early 40's) and I G I 2 25 (late 20's) 1
we learn about the reorganization of her cult; if the current restorations are
accepted the statutes also provide that the priestess of Athena Nike was to
hold office for life, and that certain repairs to the temple should be carried out 2 ,
etc. From a recently published inscription of about 400 B. C. we know that
the priestess was actually chosen among all the Athenians b y lot and that in
the case mentioned she was Μνρρίνη, the daughter of a certain Callimachus 3 .
Athena Nike apparently was connected with Athena Polias from the 5th
century — if not earlier — for we have the t w o goddesses side b y side 4 .
14. Πάρεδρος is used substantively mainly in poetry in a somewhat metaphorical meaning "assessor", "coadjutor". I n prose on the other hand is used
mainly in the orators, Aristotle's Athen, pol. (— the lexicographers) and the
inscriptions to denote a kind of assistant t o some officials at Athens, such as
the archon, the polemarch and the basileus 5 . I t is probably t o these officials
that Lycurgus refers especially to those of the archon basileus. Kiessling, 98
thinks also of the gods parédroi. As regards the t e x t there is no doubt that the
quotation f r o m Aristotle was altered b y Harpocration. Comparing Aristot.
Athen, pol. 56,1 one would read : ... δ τε άρχων Ofaì δ βασιλεύς) xaì δ πολέμαρχος); cf. also Pollux 8, 92 where, however, another difference exists as
regards the examination: δοκιμασ&ηναι δ'αντσυς έχρην εν τοις πεντακοσίοις,
εϊτ' èv δικαστηρίω. Less probably t h e speaker refers t o the assessors of the
euthynoi®.
15. This entry , comes from Didymus 7 , who took into consideration the text
of Apollonius the Acharnian 8 . For the nature and the meaning of peíanos see
L . Ziehen®, P . Stengel 10 , S. Eitrem 1 1 , L . Ziehen 12 , W . S. Ferguson 13 , M . H . Jameson 14 . The etymology of the word will perhaps be the key to our understanding
of the evolution of its meaning 15 . T h e lexicographers' information seems unreliable on this point1® and under the circumstances i t would be safe to accept only
that its primary meaning was that of a "thick liquid substance" or in the terI In: M. N . TOD, A selection of Greek historical inscriptions to the end of the fifth century-1, 2nd ed. Oxford
1946, nos. 40 and 73 and addenda.
* See, however, R. SCHLAIFBR, Harvard Studies 51, 1940, 257sqq., refuted by B. D. MEKITT, Hesperia 10.
1941, 307sqq.
" See Ί.ΠΛΠΑΔΗΜΗΤΡΙΟΥ,
ΈφημερΙς Αρχαιολογική, 1948/49, 146sqq.; cf. also W . PEEK, Griechische Versinschriften, Berlin 1957, η. 1961 ; D . M . LEWIS, Annual of the British School at Athens 60, 1956, 1 sqq.
* E! g. I G I* 298. 9sqq., 324.120sqq.; Aristoph. equ. 581 sqq.; Sophocl. Phil. 134, etc.
* Aristot. Athen, pol. 56, 1; cf. Pollux 8, 92. The paredros of basileus is also mentioned by Pseudo-Demosth.
59, 72; see further J. H. LIPSIUS, Das attische Recht, 66 note 53. — The náQdgot of the stratego! or of the hellenctamiai are unlikely to be referred to here, because they are no longer mentioned at this time.
' Cf. Aristot. Athen, pol. 48,4; see E. BERNEKBK, R E 18, 1949, 1421.
* According to A. NAUCK, Aristophanes Byzantius fragmenta, Halle 1848, 223 it comes from Didymus' work
χωμιχή λέξις.
* See A. TEKSP, loc. cit. 98.
' J. PROTT and L. ZIEHEN, Leges Graecoram sacrae e titulis coUectae 2/1, Leipzig 1906, 25sq.
' · Opferbräuche der Griechen, Leipzig 1910, ββ-72.
" Opferritus und Voropfer der Griechen und Römer, Christiania 1915, 272sqq.
" R E 19, 1937, 246sqq.
» Hesperia 7, 1938, 56.
" American Journal of Philology 77, 1956, 55sqq.
I I Cf. F. SPECHT, Zeitschrift für vergleichende Sprachwissenschaft 61, 1934, 284-288; Ciotta 25, 1938, 67:
L. R. PALMER, Classical Quarterly 35, 1941, 53-54; E . SCHWYZEK, Griechische Grammatik 1, 489*.
" Cf. C. G. COBET, Collectanea critica, 184 who warns against connecting παλύνειν or φανός, as the lexicographers
suggest, with ηελανύς·, apparently an akin word is Hesych. : ττέλαινα· ττόπανα, μειλίγματα; ibidem: Ιίελάνα· ή Σαλαμίς . . . ή τά ébiò της άλω άπάργματα (Μ. SCHMIDT, πράγματα Hesych.) xat Ôvoiat χαi πέμματα . . .
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Notes on the Fragments of Lycurgus
117
minology of Palmer 1 of "the typical sacrificial fluids". I t was used in offerings
to gods and the dead either as a mixture or liquid of as solid round cakes, as is
perhaps the case here. The words of Apollonius: και 6 προσαγορευόμενος τιελανόςλέγεται δε πέμματά τινα . . . remind one of Pausan. 8, 2. 3: πέμματα επιχώρια,
â πελανους καλονσιν ετι και ες ημάς 'Α&ηναΖοι. The adj. επιχώρια shows that this
sort of offering was customary among the Athenians.
16. All we know about this quotation is that this festival was perhaps connected with Athena Polias 2 , her ancient image and the duties of her priestess.
The Praxiergias, however, a minor minister called ο κατανίπτης and two girls,
the λοντρίδες or πλυντρίδες participated. The festival, the chief characteristic of
which was in the classical period the cleaning of the goddess' old wooden image
(το άρχαΐον άγαλμα)3 and, in later times also, its washing at sea, is compared
with the "bathing" (λουτρά) which occurred in hero-cult and was practised in
many parts of the Greek world 4 . Euripides in Iph. Taur. 1193 was perhaps inspired by this festival in the scene of the cleaning of the cult-statue, or by the
ceremony in which the xoanon of Zeus επί Παλλαδίου was washed in the sea at
Phaleron 5 .
17. I t was perhaps in connection with the Poekile Stoa that Polygnotus®
was mentioned by the speaker as was the case with Mikon-7. As regards the
information that Polygnotus painted the Poekile gratis cf. Plut. Cim. 4 : δ δέ
Πολύγνωτος ουκ ήν των βανανσων, ουδ' απ' έργολαβίας εγραψε την στοάν, αλλά
προίκα, ψιλοτιμούμενος τιρόςτήν πόλιν, ως ol τε συγγράψεις ίστορονσι και Μελάν&ιας ó τιοιητής (fr. 1 De Falco3) λέγει τον τρόπον τοντον· αντοϋ γαρ δαπόναισι
&εών ναονς άγοράν τε \ Κεκροπία» κόσμησ' ήμιάέων άρεταΐς and Plin. nat. hist.
35,59.
18. From Harpocration's explanation of προτέλεια, it may be gathered that
Lycurgus was not using the term in its technical sense ( = προτελής èva ία)8 in
connection with a marriage-rite (cf. Pollux 3,38; Hesych., Phot. s. προτέλεια;
Souda, s. προτέλειον, etc.), but in its more general connotation "sacrifice offered
before any solemnity", "preparatory offering" otherwise called προθνματα (cf.
Phot. s. προτέλεια)9.
19. No certain etymology and consequently no explanation (cf. Eustath.
504. 24sqq.) of the meaning of σκίρον has yet been suggested. Among current
1
Loc. cit. 53.
' III Hesych. s. πλυντήρια is said that the festival is held in honour of Aglaurosi
• Cf. Plut, de Daed. (7 p. 49 G. Ν. BERN ARD AXIS): (Miror 6i της IJoJUáSot (sc. άγαλμα) νπό των αύτοχόάνων
Ιόρυ&έν, β μέχβΐ νυν Ά&ηναίοι όιαφνλάττονσιρ; Pausan. 1, 26. 6.
* CIO 2. 2265 (Faros); schol. in Hymn. v. Callimach. 1 (Argos); Hermes 68, 1933, 416 note 8; FB. SOKOIOWSKI, Lois sacrées de l'Asie Mineare, Paris 1955, 69. 9. Mare examples of the practice in L. R. FARNEII, loc. cit.
1, 2 6 1 ; c f . C . J . HERINQTON, l o c . c i t . 3 0 .
' For the festival itself, which was closely related to the Καλλνττήρια see A. MOMMSEN, Feste der Stadt Athen
im Altertum, Leipzig 1894, 491sqq.; E . PFUHL, De pompis sacris, Berlin 1900, 89; L. ZIEHEN, R E 21,1051,1060;
C. J . HERINQTON, loc. cit. 29sq.; D. M. LEWIS, Annual of the British School a t Athens 49, 1954, 20.
* On this painter see: J . OVERBECK, Die antiken Schriftquellen, Leipzig 1868, nos. 380, 614, 1042-1079;
E. PFUHL, Malerei und Zeichnung der Griechen 1, § 688 a n d 729; E. LÖWY, Polygnotos, Wien 1929; C. DUGAS,
Bevue des Études Grecques 51, 1938, 63-59.
' On the painting of Polygnotus a t the Poekile see E. LÖWY, loc. cit. 13; on those in the Theseion see J . OVERBECK, loc. cit. nos. 1086—1087; on those in the Anakeion see ibidem 1058 and E. LÖWT, loc. cit. 38.
• See G. F. Schümann a n d J . H . LIPSIUS, Griechische Altertümer 2, 4th ed. Berlin 1902, 583; A. TFIESP,
loc. cit. 170.
' Cf. J . PROTT and L. ZIEHEN, Leges Graecorum sacrae 2/1, 7—8.
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NICHOLAS O. CONOMIS
suggestions 1 the one which derives it from σκιά2 seems based on the ancient
false etymology connecting the word with σκιάς, σκιάδειον objects which were
often used in other rites as well, cf. the entries of the lexicographers under
the words σκιάς and σκιάδειον. The connection of this word with σκϊρος (= γη
σκιράς) is a probable suggestion and this would connect the festival with the
fertility of earth 3 , now a common belief among scholars; A. R. van der Loeff 4
suggested that σκίρα means "branches", while L. Deubner, loc. cit. 45 maintained that σκίρα = &εσμόί ( = treasures) in the latter's relation to Θεσμοφόρια.
On these proposals see now the discussion of Jacoby FGrHist on 328 F 15
note 77.
The festival itself Skira or Skirophoria 5 was connected with Demeter and
the Kore, and according to some of our sources at least, with Athena and
Poseidon as well®. Pausan. 1,37. 2 mentions a sanctuary on the left bank of
Kephisos where the cults of all four gods were united: Δήμητρος ίερόν και της
τιαώός· συν δε σφισιν Ά&ηνά και Ποσειδών εχσυσι τιμάς1.
Lycurgus must have referred to the white sunshade which was held by the
Eteobutadae over the head of the priestess of Athena Polias and the priest of
Poseidon (in later times also of the priest of Helios, if one is going to rely on
Harpocration's text to which objection was raised by A. R. van der Loeff,
loc. cit. 206 and Pòster, loc. cit. 531), during the procession from the Acropolis
to a place called Σκϊρος or Σκϊρον*. In the festival the Eteobutadae were participating in two ways as the white sunshade was carried not only by the
priestess of Athena Polias who participated in the ceremony (on the relation
between the cult of Athena Polias and the Skirophoria see C. O. Müller9), but
also by the priest of Erechtheus 10 .
20. Apparently Trapezophorus and Kosmo were two minor religious ministers
in the service of the priestess of Athena Polias, cf. IG II 2 776. 10: έπεώη δε ή
ίέρει[α της Πολιάδος επεμελή&η καλ]ώς καΐ φιλοτίμ[ως της τε κοσμήσεως της
τρ]απέζης κατά τά [πάτρία] κτλ. The lexicographers call them priestesses, but
there is no doubt that they are "rather subordinates to the priestess than her
colleagues" (Jacoby on 334 F 9 ) u .
1
É. BOISACQ, Dictionnaire étymologie, s. v.; P. PFISTER, RE 3 A 1, 1927, 532. About the skiron itself see
A. BOUCHÉ-LECLERCQ, Histoire de la divination dans l'antiquité 2, Paris 1880, 406; C. ROBERT, Hermes 20,1885,
349sqq., 361 sqq.; E. RHODE, Hermes 21,1886, liesqq.; A. MOMMSEN, Feste der Stadt Athen, 504sqq.; F.DCMMLER, RE 2, 1896, 1960sqq., etc.
* Summarized by A. MOMMSEN, Philologue 50, 1891, 111 note 10.
* See A. MOMMSEN, Feste der Stadt Athen, 505; L. DEUBNEB, loc. cit. 46 note 11.
< Μνημοαύτη
4 4 , 1916, 111.
' The name Σχί^ος given as equivalent to Skira by the scholia on Plat, leges 828d is probably wrong. On the
name
skirophoria see L. DEUBNER, loc. cit. 50.
4
See, however, J. TOEPFFER, Attische Genealogie, 119, especially note 2; J . PROTT and L. ZIEHEN, Leges
Oraecorum gacrae 2/1,102sq.; L. DEUBNER, loc. cit. 45; about the possibility of reading 'Απόλλωνος Instead of
ΉλΙον
seeC. G. COBBT, Collectanea critica, 157; cf.ldem, Variae lectiones,Leiden 1873, XV-XVI; A. MOMMSEN,
Feste der Stadt Athen, 507.
' See further L. DEUBNER, loc. cit. 47.
• About the festival Skira see P. PFISTER, loc. cit.; L. DEUBNER, loc. cit. 40sqq.; F. JACOBY, FGrHist en
328 F 14, 366 F 3, 484 F 1. On Athena Skiras in particular see A. TR ESP, Fragmente der griechischen Kultschriftsteller, 104; L. R. FARNELL, loc. cit. 1, 390sqq.
• Loc. cit. 15. «
' · See schol. Aristoph. eccl. 18.
" Fpr this loose use of Ιερωσντη cf., e. g. Etym. Mago. s. ν.
χατανίπτης.
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In its secular usage trapezophoros was the name of the waiter who brought
in the tables (Aristoph. fr. 124, cf. Eustath. 733. 44) or the person in charge of
food and tables (Pollux 3,41 : o δε πάντων των περί την έστίαν επιμελούμενος
τραπεζοποιός, cf. ibidem 6,13; Athen. 170e, etc.). In Menander's Dyscolos Sicon
is both the cook and the trapezophoros (11. 916. 941). In its religious sense the
trapezophoros must have been connected with the holy table (ιερά τράπεζα)1 ;
her duties were to lay the table with the offerings for the goddess 2 . Κοσμώ, an
agent(?) noun of κοσμέω3, would have as her main duty to adorn the statue
of the Athena, cf. also I.Bekker, Anecdota Graeca, 273. 6: κομμώ (codd. χομμώ~ ή κοσμούσα το έδος της 'Aihjvâç
Ιέρεια).4
Το τραπεζώ, vulg. -ών ( = τραπεζοφόρος) and κοσμώ perhaps the minister (?)
of Demeter στεφανω5 and the Ιέρεια και σιταρχώ I G T (2) 266.37 (Mantinea
1st century Β. C.) may be added besides Δαμώ, a servant at Ephesos, Hesperia,
Suppl. 6, 1941, 104 n. 19. 4. = J. Poerner, De Curetibus et Corybantibus, Diss.
Halle 1913, η 30. It is perhaps noteworthy that the termination -ώ β , which
comprised among other classes of nouns those of minor goddesses or nymphs,
is here attributed to females who served the gods in some official capacity.
21. Τριτομηνίς belongs to nouns formed from adjectives by the dropping of
the noun which was at first implied7. Apparently Lycurgus was referring to
the birth of Athena, perhaps connecting it with the third day of the month,
when a festival took place for the celebration of the event (cf. I..Bekker, Anecd o t a G r a e c a , 306. 3 2 : Τριτομηνίς·
έορτή αγομένη 'Α&ηνάς τη τρίτη
τον
μηνός8,
cf. Hesych. s. τριτόμηνις; Callisthenes FGrHist 124 F 52 9 . According to another
version (schol. Horn. II. Θ 39) Athena was called Tritogeneia because she was
born on the τρίτη φ&ίνσντος i. e. on the 28th of the month. These aetiological
explanations (see Eustath. 504. 24sqq.) are contradictory and open to suspicion
as trying to connect Τριτογένεια with τρίτος in its usual meaning. As regards
Τριτογένεια, however, Kretschmer suggested10 that it has τρίτος as its first
component but with the meaning "genuine" and so Τριτογένεια is the genuine
daughter of Zeus. The prosody of τρίτος is according to Kretschmer in this
case long11.
The information that Athena is identified with Selene occurs first in a passage
of Aristotle12. For other references on this point see Schwenn13.
I A terra-cotta figurine interpreted ae that of a trapezophoros is published in Journal of Hellenic Studies 11,
1890, 144.
* Cf. 1. Bkkkkr, Anecdota Graeca 307.1 : τραπεζοφόοος· îiçeia ή τήν τράηεζαν naQaùtïaa (perhaps παρα<τι>£β«τα?)
τñ '/)#!)!·?; cf. &oiváarQiat IG V 1, 584. 1498, etc.
' Cf. E. Schwyzer, Griechische Grammatik 1, 478.
' E. ScHWTZER, Griechische Grammatik 1,478 note 3 derives χομμώ from χομμόω. But perhaps only a misspelling for χοαμώ{ ?) though repeated by Eustath. 26.14.
* See Hesperia 15, 1946, 72 = SEG 10, n. 321; cf. Hesperia 7, 1938, 207; ibidem 9,1940, 97 η. 18.
' For which see C. D. Buck and W. Pressen, A reverse index, 24—25; E. SOHWYZKB, Griechische Grammatik
1,478.
' See C. D. Buck and W. Pbtebseh, A reverse index, 417qq.
• Τον μηρός addldi.
• Cf. A. Tresp, loc. cit. 83.
" Ciotta 11, 1920, 38sq. For other suggestions see G. Lipfold, Athenische Mittellungen 36, 1911, 105sqq.;
Berliner philologische Wochenschrift 34, 1914-, 1055; Ibidem 42, 1922, 198-203; ibidem 50, 1930, 822, etc.
" See further V. Pisani, Indogermanische Forschungen 53, 1936, 23—24.
" In Arnob. adv. nat. 3, 31.
I I RE, 2 A 1, 1921, 1142.
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NICHOLAS E . CONOMIS
22. Ύγίεια is one of the cult-names of Athena and its mention is helpful in
the present case. From IG II 2 334.9/10 we now know that it was the collaborator
of Lycurgus Aristonicus from Marathon 1 who actually moved the decree for the
organisation or rather reorganization of the sacrifice offered to 'Afhjvä rfj
' Υγιεία in the lesser Panathenaea, though no doubt — as in other cases — Lycurgus
himself was behind the enactment.
The cult of Athena Hygieia was established on the Acropolis quite early and
presumably there was a sanctuary of this deity on it as early as the 6th century
B . C. 2
VII. On the Priesthood or the Croconidae versus Coeronidae
The identification of the title given by the Souda (fr. l a ) as περί ίερωσννης
with Harpocration's and Athenaeus' Κροκωνιδών διαδικασία προς Κοιρωνίδας was
suggested by Sauppe (p. 266) and accepted by Blass (p. 70) and Durrbach,
Lycurgue (p. 91). I t was rejected by Toepffer, Attische Genealogie, 104: „aus
mehreren Gründen" not given and by Burtt as it seems (p. 147). It is based on
the identification of fragments l a and l b for which see below, ad loc.
As regards the authorship of the speech Harpocration s. Κοιρωνίδαι (fr. 2) is
not in agreement with Athen, p. 425 b ( = fr. 5). In fact neither source makes the
attribution on their own authority and their alternative statements surely go
back to some Hellenistic authority (Callimachus?)3. Incidentally, Philinus to
whom Athenaeus attributes the speech, was a partisan of Eubulus and is
believed to have opposed Lycurgus' proposition on the statues of the tragedians 4 .
The subject of this speech is, as that of the preceding, a diadikasia on a
religious matter between two families, which perhaps belonged to the same
genos, the Croconidae and the Coeronidae. The family of the Croconidae took
some part in the cult of Demeter and Persephone in the Eleusinian mysteries 5 ;
they are explicitly named as γένος ιερόν in I . Bekker, Anecdota Graeca, 273. 8
and their ancestor Crocon lived at a place just beyond the 'Ρειτοί which in older
times was at the border between Athens and Eleusis. In the time of Pausanias
the place .was called βασίλεια Κρόκωνος6. Fragment 1 is taken by Sauppe to
refer to this fact. As regards the origin and name of the family of Coironidae
See Hesperia 28, 1959, 239sqq.
* Cf. Arlstid. 37, 20 (ed. J . KEIL): 'Aih]valaiv όέ oí πρεσβύτατοι xal Ύγιείας Άϋηνάς βιομόν Ιδρνσαντο; Pausan.
1, 2 3 . 4 and note by Η. HITZIG and Η. BLÜEMNER, ad loc. ; W . JUDEICH, Topographie von Athen, 2nd ed. Manchen
1931, 82, 242—243; Α. E . RAUBITSCHEK, Dedications from the Athenian Acropolis, Cambridge Mass. 1949, n. 166
= I G I* 395. On Athena 'Εργάτη cf. Pausan. 1 , 2 4 . 3 with the note of H . HITZIG and H . BLÜEMNER, ad loc.;
O.JESSEN, B E Β, 1909, 4 2 8 - 4 3 0 ; £ . Κ . FASNELL, loc. cit. 1, 314sq.; W . JUDEICH, Topographie, 241, 245.
On Athena 'Imita cf. Pangan. 1, 3 0 . 4 with the note of H. HITZIG and H. BLÜEMNER (cf. 1 , 3 1 . β); Ο. JESSEN, R E
8, 1913, 1701—1702; W . JUDEICH, Topographie, 414.
' P . TREVES, R E 19, 1938, 2178 maintains that the speech must be attributed to Philinus.
4 Pseudo-Plut. 841 sq.; see SAUPPE, 319; C. MÜLLER, Oratores Attici 2, 446sqq.; F . BLASS, Attische Beredsamkeit 3/2, 2 8 8 - 2 8 9 ; J.KIRCHNER, Prosopographia Attica, 14304.
» See O. SCHERLING, R E 11, 1922, 1970—1971. The family took the name from the xgdxai by which those
initiated in the mysteries wrapped their right hand and left foot for the purpose of averting evil (cf. I . BEKKER,
Anecdota Graeca, 2 7 3 . 2 5 ; Phot. s. χροχονο). The action of χροχοδν was entrusted a9 it seems to this family, see
J . TOEPFFER, Attische Genealogie, 103; L . DEUBNEK, loc. cit. 77.
• Pausan. 1 , 3 8 . 2 . The 'Parol are explicitly named as 'holy streams' in Photius : 'Peix&r τόπος- leçwv ¿αιμάτων.
1
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X o t e s o n t h e F r a g m e n t s of L y c u r g u s
no opinion can be expressed with any certainty (cf. fr. 2). The origin they
claimed 1 and their assumed relation to Dionysos Theoinos is obscure. About the
exact nature of the dispute nothing is known. We can only guess that it resulted
from their participation in the cult of Dionysos Theoinos as well as that of
Demeter. Jacoby commenting on 334 F 3 summarized the problem as follows :
"The historical situation probably is this: the cult of Dionysos Theoinos,
which the two Eleusinian clans shared, was at some time taken over by the
State, perhaps on the occasion of the union of Eleusis and Athens. The cult
must have been important, the oath of the γεραιραί shows that; and (if the
development suggested is accepted) so does the worship of Theoinos at the
Apaturia. In the second half of the sixth century it may have been overshadowed by the new great cults of Dionysos; it did not, however, disappear;
again the oath of the γεραιραί proves this, abo the lawsuit from the second
half of the fourth century, which surely was about the share of the two clans
in the official celebration."
This historical reconstruction is both attractive and-plausible in its general
lines. But our present knowledge is not enough to make it more than hypothetical.
With the part of the speech connected with Dionysos Theoinos are related,
as Sauppe, 267 suggested, frs. 3 and 6. At the litigation the Groconidae may
have claimed that they were in charge of the cult by arguing that the Coeronidae
were descended only from Coeron, Crocon's illegitimate brother; the Coeronidae
on the other hand disputed this contention of the Croconidae and claimed a
nobler pedigree for themselves by connecting their family with Dionysos
through certain religious rites in which they played some part.
The case would come under the competence of the archon-basileus 2 who
would introduce it to a heliastic court. The speech of Dinarchue Κροκαονώών
διαδικασία is usually considered to be a reply to the speech of Lycurgus 3 , and is
perhaps, as Sauppe, 334 supposed, identical with the speech of his entitled
διαδικασία της Ιερείας της Δήμητρος προς τον ίεροφάντην (if so it would have
taken place between the priestess of Demeter and the hierophant). But there
was in the case defended by Dinarchus a dispute over the duties of the two
religious officials (cf. Harpocr. s. έξονλης · . .. Δείναρχος μέντοι εν τη Κροκωνώων
διαδικασία Ιδίως κέχρηται τω της έξονλης ονόματι επί της ίερείας της μη βουλομένης
τα ίδια δράν, whereas in the present case the alternative title of Lycurgus'
speech περί της ίερωσύνης would seem to suggest that the dispute was only
about who was entitled to hold a particular priesthood.
l.a) That χαριστήρια were the_customary thank-offerings rendered to the gods
on appropriate occasions is well known ; προχαρισνήρια as Liddell- Scott say was
a "thank-giving to open the year, a festival of Athena, celebrated by all
Athenian magistrates at the beginning of Spring". Apparently this is the
1
Cf. schol. on Lyc. Alex. 1247.
• Arlstot. Athen, pol. 57, 2.
' Suggested b y E. MEIER, cf. SAUPPE, loc. cit. a n d 339; F. BLASS, A t t i s c h e B e r e d s a m k e i t 3/2, 109, 284, 299;
J . TOEPFFER, Attische Genealogie, 104 note 1.
,
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N I C H O L A S O . CONOMIS
commonly accepted meaning of the word and the only evidence for this is
the present passage. The form 7ΐροχαριστήρια is normally accepted as the more
correct, but P. Foucart 1 preferred ' 'Προσχαιρητήρια, ou cérémonie des adieux
adressés à Coré lorsqu'elle quittait sa mère." 2
How the speaker came to mention this offering is not clear and the entry is
so corrupt that we are unable even to decide the controversial point whether
the sacrifice was offered to Athena or to Kore. Both Souda and I. Bekker,
Anecdota Graeca, 295. 3 mention Athena and the words of Lycurgus την
άρχαιοτάτην -drxríav conceivably indicate that the sacrifice continued to be
offered to Athena in her primeval agricultural character 3 , long after she had
been superseded by Demeter and the Kore as the goddess of agriculture and of
fruit in general 4 . In that case άνοδος normally understood as referring to the
Kore will here refer to Athena. The name προχαριστήρια might then be explained
as the sacrifice offered to the goddess beforehand for the growth of the sprouting
corn (cf. 7ΐρο-ηρόσια, προ-τρΰγαια, etc.). Hence the supplement after φνομενων
suggested by Sauppe does not seem necessary. That the sacrifice was a mystic
one (μυστική) as said by I. Bekker, Anecdota Graeca, 295. 3 is otherwise unknown®.
b) Harpocration's entry presents further difficulties: first it gives the verb'
άπιέναι which, though kept by some scholars, would be incomprehensible if both
forms denoted the same festival®. So K. O. Müller 7 identified άπιέναι with
άνιέναι which does not seem possible, though one may mention that palaeographically the two words are liable to confusion. Secondly the προσχαιρητήρια
of the manuscripts usually emended into προχαριστήρια, should according to
some scholars read προχαιρητήρια as this form is given in Harpocration's cod. C 8 .
The form προχ- would explain better the corruption (?) of προχαριστήρια.
Finally the statement that it is to the Kore that the festival referred challenges
as it seems the keeping of τη Άύηνά in the first entry, unless we accept a fusion
of the old cult of Athena and the Eleusinian deities as suggested by Dämmler 9 .
Whether the Eteobutad priestess of Athena had a part in the festival is not clear.
2. The family of Coeronidae for which see Toepffer 10 was certainly mentioned
by the speaker. If the speech of Dinarchus has the tendency attributed to it
then one would think that Lycurgus was defending the Croconidae 11 . Coeron
I
Les mystères d'Éleusis, Paris 1914, 164.
* See also L. DEUBNER, loc. cit. 17; H. vos GEISAU, RE 24, 1957, 65-66.
' Cf. L. R. FARNELL, loc. cit. 1, 292.
' Cl. E. CAHBX, in: CH. DAREXBERO and E. SAGLIO, Dictionnaire des antiquités grecques et romaines 4, 661 ;
M. NILSSON, Geschichte der griechischen Religion 1, 440.
* Cf. If. NILSSON, Geschichte der griechischen Religion 1, 440. On this festival see further E. CAHEN, loc. cit.
eeOsq.; A. MOMMSEN, Feste der Stadt Athen, 365; J. PROTT and L*. ZIEHEN, Leges Graecorum sacrae 1/1, 9 etc.;
L. DEUBNER, loc. cit. 17; M. NILSSON, Geschichte der griechischen Religion, 1, 440, 472.
* Cf. E. PFUHL, De pompis qacris, 57 note 7; P. FOUCART, loc. cit. 64; U. NILSSON, Opuscula selecta 1, passim.
' Kleine Schriften 2, Breslau 1848, 256.
A
A. MOKKSEN, Heortologie, Leipzig 1864, 44; his view was modified in: Feste der Stadt Athen, 365 note 1 ;
J. PROTT and L. ZIEHEN, Leges Graecorum sacrae, 9. Otherwise the forms προχαιρ- and Π^ΟΣΧΑΙΡ- would seem
that they can be explained through false etymology: they were (by the lexicographers?) connected with xalçetv,
the festival being understood as an occasion of rejoicing for the άροόος of the goddess.
* RE 2, 1896, I960.
'II· Loc. cit. 104sqq.
Cf^Dinarchus' fr. mentioned on p. 121.
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Notes on the Fragments of Lycurgus
the archagetes of Coeronidae was sometimes thought to be the brother of
Crocon, son of Triptolemus and the allegation that Coeron was in fact an illegitimate son was, as Toepffer suggested, probably mentioned in the speech against
the Coeronidae and it aimed to show that the Croconidae were a more venerable
family than the Coeronidae.
Concerning the origin of the three names if the Coeronidae given here several
speculations were formed and it was said that they derive from the speech
itself 1 ; the same information occurs in the Souda2 borrowed as it seems from
Harpocration. Toepffer3 suggested that the name Περιϋόίδαι is that of thé deme,
Φιλιεΐς that of the phratry and Κοιρωνίδαι that of the genos. This suggestion
was criticized by Wilamowitz 4, while Jacoby5 does not commit himself
3. According to the lemma Lycurgus must have mentioned the small sanctuary of Dionysos Theoinos7. But the entries whicb speak of sucb a sanctuary
(Phot.8.Θεοίνιον Ιερόν Διονύσου, àtp οδ και γένος*) are of doubtful authenticity
since nothing is known from elsewhere of such a sanctuary9. Further since
Harpocration's entry speaks only of some religious feast perhaps it would be
necessary to read with Bekker, loc. cit. and Deubner, loc. cit. 148 note 5;θεοίνια
instead of θεοίνιον. Then identification of the κατά δήμους Διονύσια mentioned
with the Lenaea10 is not convincing asW. Gôber11, L. Deubner12, F. Jkcoby13
stressed. The cult-name θέοινος may be compared to Ίόβακχος and whatever
its ritual meaning14 it must have been connected to the cry Ιώ Βάκχε16 (cf. aleo
'Υμένωος, "Ιακχος, Ενιος, etc.). Another possible derivation would be from
•&εός -(— οϊνη when the whole would mean "the god of the vineyard"1®. The
derivation suggested by Nilason17 from the name of the festival „der ΰέοινος ...
ist vermutlich aus dem Festnamen abstrahiert" seems to me unlikely. The
Theoinia was the festival in honour of the god and a sacrifice was offered to
him by the γεννηται, i. e. by the members of the same genos, who participated
in the same cults18.
The expression τα κατά δήμους Διονύσια gave to some scholars the impression
that this festival was identical with the commoner κατ' άγρονς Διονύσια. This
is not the case for the Theoinia was, unlike the latter, a wine festival as its name
1
See J . TOEPFFER, loc. cit. 109—110.
*
'
'
*
*
'
*
Τριχή di αύτούς Ανομάζουαι Κοιραη>ίόας, Φιλίεις xal Πβ&Φοίόας.
Loc. cit. Cf. abo idem, BeitrSge zur griechischen Altertumswissenschaft, Berlin 1837, 138.
Arietoteies und Athen 2,153.19.
FGrHist 334 F 15 note 4.
Γ
Cf. also W . KROLL, R E 19/2, 1937, 2172sq.; W . WREDE, R E 19/1, 1937, 860sq.
About the Theoinion see C. KRUSE, RE, 5 A 2, 1934, 1996.
Cf. I. BEEKES, Anecdota Graeca, 264. 6; Etym. Magn. 446.60.
* C f . L . D E U B N E R , loc. cit. 148 a n d F . JACOBY, F G r H i s t o n 339 F 3.
;
" E. g. by O. GILBERT, Die Festzeit der attischen Dionysien, Göttingen 1872, 164.
" RE 5 A 2, 1934, 1995.
" Loc. cit. 148.
" Loc. cit.
" Cf. Aeschyl. fr. 382 Ν : πάτερ »icuvt, μαινάδων {anmiete; Dionys. Skymn. in schoL Lycophr. 1247:71a rriç
βεοίνον καΐ ΚορωνίΛας Mfeac'V Cornut. Theol. Graec. 59, 9 (K. LANG).
" For such a compound cf. άμπέλοινος, F. PREISIQKE, Sammelbuch griechischer Urkunden, 4486.6.
" Geschichte der griechischen Religion 1, 589.
" The explanation of the term γαπτ)τα» is by no means clear for the quotations which have been preserved
in the grammarians show that Aristotle — in whom our information originates — was not actually concernid
with them; cf. Athen, pol. fra. 3, 4, 5 (ed. G. MATHIEU and B. HAUSSOUILTER); Harpocr. s. y«rw¡tai. See further
F. JACOBT, loc. cit. and 328 F 35 b (with commentary).
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NICHOLAS E. CONOMIS
denotes 1 . I t s celebration, it must be assumed, was not open to all Athenian
families b u t only t o t h e privileged 2 . J a c o b y , loc. cit. s u p p o r t s t h e view t h a t
Istros " m u s t h a v e regarded t h e Theoinia a s a festival of t h e clan-state". F a r n e l l 3
f u r t h e r t h i n k s t h a t t h e participants of t h e cult belonged t o "those few stocks
who could claim a m o n g their family traditions a primeval visitation of the
wine-god when he came t o Attica to dispense t h e gift of wine". Such γένη, he
maintains, were t h e Ikarioe, Semachidae, Coeronidae a n d Croconidae. On t h e
other h a n d t h e t e r m όήμοι must be here understood, according to J a c o b y , in
t h e old sense as " t h e villages or the residences of t h e c l a n s " 4 . If we could fix
t h e time when t h e wine was introduced into Attica we t h e n would be able
to determine approximately t h e d a t e t o which these families raised their ancestral gene. However, our present knowledge on t h e m a t t e r does n o t allow of
a n y suggestion as wine w a s probably known in Greece in t h e Middle Helladic
Period (c. 1900—1550) a n d it m a y have been known even earlier. I n t h e L a t e
Bronze Age (1550—1100) we m a y assume t h e use of wine t o h a v e been general
a n d it is mentioned in t h e Linear Β tablets, b u t we cannot speak specifically
for Attica.
4. Besides t h e s t a t e m e n t of Harpocration t h a t t h e K y n n i d a e were a family
a t Athens, there is a n e n t r y in Hesych. s. Κνννίδαι, which informs us t h a t t h e
priest òf Apollo Kynnios was elected f r o m this genos 5 . No d o u b t it is in connection with this fact t h a t the Kynnidae were mentioned in t h e speech. For
t h e family itself besides the admirable t r e a t m e n t of Toepffer 6 see J a c o b y ,
F G r H i s t on 362 F 2. I n I. Bekker, Anecdota Graeca, 274. 16 ( E t y m . M a g n .
545. 51) t h e n a m e of this genos, is said to derive from a certain hero, Κνννος
or Κυννίόης b y n a m e .
5. The οΐνόπται were a board of three officials whose d u t y was to see t h a t
all t h e participants a t public feasts ( = δημοάοινίαις) had their quota of wine
a n d t o provide lamps and wicks for t h e m . They are in some way connected
with t h e phrateres (cf. P h o t . s. οΐνόπται· επιμελητάι τοϋ τονς φράτορας ήδνν
οίνσ» εχειν) and a p p a r e n t l y with the cult of Dionysos Theoinos.
F r o m Eupolis f r . 205 we learn t h a t in t h e 5th century t h e οΐνόπται were
elected a n d t h a t their office was a minor one 7 . As regards t h e connection of
these officials with t h e present law-suit, Toepffer, loc. cit. m a d e t h e suggestion
t h a t t h e οΐνότιται ministered also a t t h e first d a y of the Apaturia, the so-called
Δορπία, when according to t h e scholiast on Aristoph. Acharn. 146: φράτερες
όψίας αυνελ&όντες ευωχοϋντο. I t is from t h e present quotation, however, t h a t
most of w h a t is known of these officials (repeated in p a r t b y Pollux 6,21 and
1
Cf. M. NILSSON, Studia de Dionysiis Atticis, Lund 1900, 104sqq.
' Cf. the oath taken by the ycg<u¿aí (Pseudo-Demosth. 59, 78) that they "will celebrate the Theoinia and the
Iobaccheia in accordance with ancestral custom."
' Loc. cit. 5,206.
* Cf. L. R. FARNELL, loc. cit.; M. NussON, Geschichte der griechischen Keligion 1, 589; otherwise Λ. MOMMSEN,
Feste
der Stadt Athen, 349 note 2.
5
For this particular god see J . TOEPFFER, Attische Genealogie, 304sq. ; Κ. WERNICKE, RE 2,1896,57; H. HEPDINS, R E 12, 1924, 2 4 ; L . R . FARNELL, loc. c i t . 4 , 1 5 8 ; F . WEHRLI, R E S u p p l . 5, 1931, 5 6 2 ; S. SOLDERS, D i e
außerst&dtischen Kulte, Lund 1931, 114.
• Loc. cit. 301-307.
7
See J . TOEPFFER, loc. c i t . 1 0 6 ; R E 1, 1894, 2 6 7 5 ; W . KROLL, R E
17, 1937, 2 2 7 6 .
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Notes on the Fragments of Lycurgus
in part by Hesych., Phot. s. οινόπταί) derives though they are also mentioned
in IG II 2 1357. 23.
6. The reasons which induced Lycurgus to mention this urban deme are
obscure. Its situation used to be fixed in the north-west of the city but it was
later placed north of the Agora by the Sacred Way 1 . Its connection with the
present diadikasia may be inferred from the passage of Pausan. 1, 37. 5:
και διαβάσι τους 'Ρειτους πρώτος φκει Κρόνων, ενύα και νυν βασίλεια καλείται
Κρόκωνος. τοντον Άάηναϊοι τον Κρόκωνα Κελεον άνγατρί συνοικησαι Σαιαάρα
λέγονσι· λεγουσι δέ ον πάντες αλΧ δσοι τον δήμου των Σκαμβωνιόών είσιν. The last
clause may have preserved the view of the parties involved in the case as the
information of Pausanias perhaps comes ultimately from this speech, see
Jacoby FGrHist 334 F 15 note 2. Jacoby further understood συ πάντες as
implying the "other Athenians" i. e. the accepted Atthidographic opinion. This
seems reasonable and the implication would be that the pedigree of the Croconidae was not so glorious as the family alleged.
V I I I . Against Ischyrias
\
The alternative title προς Ίσχνρίαν is giveù by the Souda s. Λνκονργος and
for lack of evidence we are unable to decide which of the two is the correct 2 .
Ischyrias is otherwise unknown; there is, however, the politician Ίσχυρίας
ΑΙξωνενς mentioned in IG Π 2 1492.108.114 (306/305 Β. C.) as having moved
a decree for the disbursement of some money by the treasurers of the goddess3.
The name is a rare one and thus identification, at least within the same family
seems likely.
Στρωτήρ belongs to a class of substantives which, notwithstanding their
termination, from a very early date were no longer felt to be agent nouns but
denoted utensils or other material objects 4 . According toDidymus στρωτήρες
were the cross-beams used in building for the ceiling and a phrase of Nearchus
the Cretan (FGrHist 133 F 1 c. 30) is characteristic : είναι ών τά μεν èv τήιαι
πλενρηισιν αυτών (των κητέων) όστέα δάκους τοϊσιν οίκήμααιν δσα μεγάλα, τά δε
μικρότερα στρωτήρας5. In IG X I I 3, 1388.2: [στρ]ωτήρα seems to be used
collectively (Thera). I t was a technical term in architecture® with a variety of
affiliated uses, sometimes preserved in modern Greek dialects 7 .
Apparently Lycurgus refers to some building.
1 Cf. Α . M I L C H H Ö F E K , Abhandlangen der Preußischen Akademie der Wissenschaften zu Berlin, phil.-hist. Kl.,
1892, 19 with map and W. JUDBICH, Topographie, 171. For the deme itself see J . β . SAUFPB, De demis iirbanis
Athen&rum, Leipzig 1846, 15sq.; J . TOEPFPER, Beiträge, 142eq.; E. HONty»UNN, R E , 3 A 1. 1927, 434eq.
* Cf. MEIEK, i n : KIESSMNO, C X X X V I I ;
J . KIBCHNER, Prosopographia Attica,
7730.
' Cf. IG I I · 4382.
* Cf. C. D. B Ü C K and W. P E T E R S E N , A reverse index, 302.
' Cf. W. K . P R I T C H E T T , The Attic Stelai 2, in: Hesperia 22, 19E3, 251; Pollux 10,157 and 172; I . B E K K K B ,
Anecdota Graeca, 302. 5.
' See D. S. ROBERTSON, Greek and Roman architecture, 2nd ed. Cambridge 1945, 389; Hesperia 25, 1956,
303 and references given there.
' In the Cypriot dialect, for instance, βτρωτégxa (plur.) < στρωτήρια are the small beams used for the ceiling
between the main rafters (óoxol); above it are laid bushes and over it mud for the flat roofs (δώματα) of peasant
houses; cf. Cyrillus Vlndob. η. 171 (where instead of στροτηρέύια is to be read στρωτηρίόια); Hesych. s. γερράάa;
Etym. Magn. 228. 49.
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126
NICHOLAS O. CONOMIS
I X . Against Cephisodotus on the Honour to Demades
The full title of this oration has been recovered from a quotation preserved
among the notes of a Patmian manuscript published by Sakkelion 1 . I t was
previously known as κατά Κηφοσοδότου (Harpocr. s. χιλιωϋέντα) or κατά Δημάδον
(Souda s. Λυκούργος). The second of these titles must belong to the class of
loose titles referring to the contents of a speech and can have no claim to
accuracy. Κατά Δημάδον was also the title of a speech by Polyeuctus of Sphettos
dealing with the same case 2 . The very existence of this speech had been suspected for some time on the ground that there was insufficient evidence for it 3 .
Its subject is purely political and from the technical point of view bears a
similarity to Demosthenes' speech Ágainst Aristocrates or Hyperides' oration
κατά Δημάδον παρανόμων. For this type of speech one should remember also
the speech of Aeschines Against Ctesiphon or Demosthenes' On the Crown.
Demades was to be honoured as having twice saved Athens (in 336 and 335)
from the anger of Alexander. A certain Cephisodotus ( = Prosographia Attica,
8327?) 4 moved a decree which suggested that Demades should have a bronze
statue erected to him and receive maintenance in the prytaneum. Very probably some other public services of Demades were also mentioned and this gave
an opportunity to his opponents of the anti-Macedonian party to launch an
attack against him from which curiously enough Demosthenes abstained. He
was later reproached for his negligence by Dinarchus (1,101). Two eminent
members of Demosthenes' party, Lycurgus and Polyeuctus, took on the case
themselves. They opposed the decree on legal grounds (παρανόμων εγράψαντο).
As one would expect of Lycurgus he delivered a violent speech against Demades, touching upon his whole career, especially its political aspects. The same
applies to the speech of Polyeuctus. Unfortunately few quotations are extant
and these are very fragmentary. Strong assertions were made on the part of
Lycurgus who, at the outset of the speech assures the men of the jury that
he is to prove that the decree is illegal and contrary to public interest, and
that Demades is unworthy of a reward. This allegation constitutes in broad
lines the subject-matter of the speech.
The two main extant quotations come from the exposition of Demades'
career. The first dwells on the extravagant honours proposed for him in contrast
to those conferred on Pericles, who was only crowned with a wreath of olive,
though he had captured Samos, Euboea and Aegina, built the Propylaea, the
Odeum and the Hecat'ompedon, and stored ten thousand talents of silver on
the Acropolis. The other refers to Demades' friendly relations with Philip. Two
fragments preserved from the speech of Polyeuctus follow the same line. The
first refers to Demades as being unworthy of a reward ; the second to his friendly
relations with Philip.
' Bulletin de correspondance hellénique 1, 1877, 7.
1 See Longin. nsçi ενςέαεως 9 (P. 544 ed. CH. WALZ).
* Cf. KIESSLING, 110; SAUPPE, 266.
' Certainly not the person (one?) suggested in: Bulletin de correspondance hellénique 1, 1877, 7.
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Notes on the Fragments of Lycurgus
127
The result of the prosecution is known from Dinarch. 1,101; Demades was
granted, in spite the attack on the decree, the honours prescribed in it, had
his statue set up in the Agora and shared entertainment in the Prytaneum with
the descendants of Harmodius and Aristogeiton 1 . But this did not last long as
after Alexander's death Demades is believed to have lost his reward and his
statue was destroyed 2 .
The date of the speech should be fixed from the data of Demades' life as
334 B. C.
1. From the words of the quotation : λαμβάνεται δε ή τιρσ&εσις και εν άρχη it
seems that the passage comes from the beginning of the speech. Otherwise the
citation reveals a bitter language on the part of the speaker and shows that
perhaps he is dependent on. Demosth. 23,18: δίκαιον δ' εστίν-Ισως εμ νπεσχημένον τρία εΊΐώείξειεν, êv μεν ώς παρά τους νόμους το ψη/φνσμ εϊρηται, δεύτερον
δ' ώς άσνμψορόν εστι τη πάλει, τρίτον δ' ώς άνάξιος τυχεΐν [τοντων] ω γεγραπται
(cf. also the argument 2, § 4 of the same speech and Aeschin. 3,8).
2. For the reference to the 5th-century politics and politicians' practices in
contrast to the extravagances of the 4th century cf. Aeschin. 3,182sqq.,
especially 187 : επειτα κελεύει (sc. ή δωρεά ή δο&εΐσα τοις από Φυλής φεύγοντα τον
δημον καταγαγονσιν) στεφανώσαι ·9αλλοϋ στεφάνω αντών ίκαστον, αλλ' ου χρνσφ;
also Demosth. 23,196 ff. referring to Miltiades and Themistocles and the respective battles, Pseudo-Demoeth. 13,21. The same subject comes in the
Atthidographers 3 , and it must to some extent be considered as part of a general
belief in the simple virtues of their ancestors. The public buildings are sometimes
mentioned by the orators 4 . The Propylaea appear in a list of praiseworthy
articles compiled by the comic poet Phoenicidee fr. 2 for the sake of mockery
and the Parthenon in fr. 340.
There are many references in the orators of the 4th century to the money
accumulated on the Acropolis but they are generally loose and lack precision.
A number of them, refer only to money stored on the Acropolis during the 5th
century 5 . In other passages a rough estimate of the money accumulated there
is mentioned ; so Isocrates, from whom alone Lycurgus is as it seems dependent
on this point, 25,234 : οϋτως έκόσμησε (seil. Περικλής) την πάλιν και τοις ιεροϊς και
τοις άνα&ημασι και τοις άλλοις δπασιν . . . και προς τούτοις είς την άκράπολιν ουκ
ελάττω μυρίων ταλάντων άνηνεγκεν (cf. idem 8,69). Elsewhere Isocrates (8,126)
gives 8000 talents "not Counting the sacred money", while Andoc. 3,8 "(and
Aeschin. 2,175 after Andocides) gives for the period after the peace of Nicias
7000®. The source of the various sums accumulated by Pericles is mainly
1
The case referred to by Pseudo-Plut. 843d: γραψάμενος (Avttovçyoç) . . . και Δημάόην TOP Δημέον xal .. .
πάντας tlXev apparently is Dot the same as the present one. This may none the less Indicate that the identity of
the two titles suggested above can never be quite certain, unless πάντας e d » is a falsehood such as would att&eh
itself later to great orators.
• Plut. reip. ger. praecepta 820sq.
• See e. g. the note of F. JACOBT, FGrHist on 324 F 55.
4
E. g. Demosth. 23. 207; 24,184; Isocr. 15, 234, with some sort of "national" pride; cf. Demosth. 13,28;
22,13 (both Propylaea and Parthenon are mentioned); Aeschin. 2,105.
' Έ. g. Isocr. 5, 146; 15, 307; Demosth. 3, 24 = 13, 26; Dinarch. 1, 37.
' Other sources gave 6000, see e. g. Harpocr. s. ft«.
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128
NICHOLAS O. CONOMIS
Thucyd. 2,13. 3 (usually read): τα γαρ πλείστα (sc. τάλαντα?) τριακοσίων
άποδέοντα μύρια εγένετο, αφ' ών ες τε τά προπύλαια της ακροπόλεως και τάλλα
οικοδομήματα άνηνεγκεν but this text has recently been attacked and reasons
were produced against its "genuineness" even on grounds of style besides
those of content. The question is one in which we have to decide between two
texts, that of the archetype of the extant manuscripts of Thucydides, and that
of the quotation of 2,13. 3 as preserved in the scholion on Aristoph. plut. 1193,
of the Venetus and the Ravenna manuscripts 1 .
3. That Philip of Macedón was φιλοπότης is alleged byTheopompus of Chios 2 .
About Philip and his associates cf. Theopompus 3 .
It was a general idea among the Greeks that the Northerners were addicted
to drinking 4 . "The horn was a primitive vessel; as time went on, it was more
and more confined to Dionysus, Silenus, Centaurs, but it always remained in
use among backward peoples of the North, the Thracians, the Macedonians —
King Philip II —, Perrhaebians, Paphlagonians, often of gold or silver, or
mounted with precious metal." 5 Precious horns were taken from Macedonia
by the Romans in 167 B. C.® From Athens we have evidence for silver votive
horns: IG I 2 237. 59, 1407. 38.
This quotation reminds us of the first fragment of Polyeuctus' speech 7 where
he too attacked the behaviour of Demades in contrast to his own blameless
conduct (also Hyper, fir. 80). The case is very much like that of Demosthenes
and Aeschines, cf. Demosth. 19,128 and especially 139: τελεντών (ό Φίλιππος)
εκτιώματ αργυρά καί χρυσά προυπινεν αντοϊς, also 296.
4. There is no doubt that the words ό δε αυτός ρήτωρ refer to Lycurgus 8 in
the light of fr. 58 Bl., which supplies the full title and names Lycurgus as the
speaker. On the term κεχιλιώσ&αι see above speech 6 fr. 7.
X. Against Lycophron
Little is known about the Lycophron against whom the present oration was
directed 9 . It seems that he was a rather important person. He was rich enough
to keep a horse (Hyper, υπέρ Λυκόφρονος A § 16), became a phylarch and then
1
For recent discussion of this problem see Athenian Tribute Lists 3,118—132 and 326—341; cf. H. MEIQQS,
Classical Review, N . S. 2, 1952, 98; A. W. GOMME, Historia 2, 1953/54, 1 - 3 1 ; D. M. MERITT, Hesperia 23, 1954,
1 8 5 - 2 3 1 ; A. W. GOMME, Commentary on Thucydides 2, 28—33.
' FGrHist 115 F 183; cf. also 81, 182.
' FGrHist F 224 = Athen. 1 8 8 f - i e 7 c , also F 225 - a) Polyb. 8, 2. 9sqq. and b) Athen. 2 8 0 d - 2 8 1 a ; F 238,
'282, etc.
• Cf. e . g . Athen. 18a, 4 4 2 f , 432a, 4 4 7 c (Thracians), 120e (Macedonians), 4 9 9 f , 427a—c [Σχνό,χή ηόαις= ή
àxftiTormala), etc. This idea was adopted by R o m a n poets; cf. e. g. Hör. od. 1, 27.
' P. JACOBSTAHL·, Early celtic art, Oxford 1944, 111. Cf. Athen. 476c (Thracians), 488d (Molosaians), 478c (Perrhaebians); for Aeschylus' fr. 185 see W. KRANZ, Stasimon, Berlin 1933, 78. Some Greek material is collected by
K. BUSCHOB, Münchner Jahrbuch der bildenden K u n s t 11, 1919, 30 while the main findings in the Balkans, the
Scythians and South Russia are given by P. JACOBSTAHL, loc. cit. 112. Drinking horns held Dionysos and his
followers are frequently represented on Greek vases.
• Cf. Plut. Aem. Paul. 32.
7
Cf. also fr. 2: σύ μέν yÙQ fλαβες, ώ Δημάδη, Sôtça παρά ΦιλΙτυτον, έγώ 6έ ούχ Ιλαβον· χαί σύ μέν σννέπινες αύτψ
κατά της πόλεως εύωχονμένφ, έγώ Sé oò awémvw' καί σύ μέν σννηνέχΟης τοις έχείνον πρέσβεσι σεμΡννόμενος, έγώ Sé οι)
σννηνέχάηρ.
• See SAÜPPE, 288.
• See J . KlRCHXER, Prosopographia A t t i c a , 9255.
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129
a hipparch of the Athenian cavalry a t Lemnos and he was honoured with
wreaths for the services he had rendered to the state (Hyper, ibidem A § 17).
At the time of the lawsuit he was fifty years old (ibidem A § 15). The opinion
held by some older scholars (see Sauppe, 267) that Lycophron — apparently
because of his name — belonged to the genos of Eteobutadae, and even to the
family of Lycurgus, has no foundation and Sauppe rightly rejected it. On the
other hand the opinion of K. G. Boehnecke 1 t h a t Lycophron was a certain tyrant
(apparently of Pherae) who, after the destruction of the Phocians, was permitted
to settle at Athens proved wrong, when we gained what scanty information
we possess about Lycophron's career from the discovery of a papyrus containing Hyperides speech ύΐΐέρ Λνκόφρονος.
The defendant Lycophron was accused of committing adultery with an
unnamed Athenian woman twice married, the sister of the athlete Dioxippus*.
This kind of accusation would normally come under the γραφή ϋβρεως and
especially the γραφή μοιχείας3 and would be held before the Thesmothetai. But
Lycurgus, supporting the plaintive Aristón, maintained that "the democracy"
( = the city of Athens) was threatened by the offences of Lycophron and his
kind perhaps through the implied breaking up of the family (cf. Hyper, υπέρ
Λνκόφρονος 12. 13). Lycophron's relations with the woman dated from the time
when her first husband lived and a child born after the death of the first husband
was as it seems t h e cause of the law-suit. The first husband left hie property
to the child and his family now attacked the will alleging t h a t the child was
Lycophron's. The prosecution managed to have Lycophron impeached 4 , a
procedure which was normally used in more serious cases 5 . Lycurgus is assumed
to have delivered "himself the first speech against Lycophron when the case
came before the Assembly for the particular procedure to be determined. The
second speech is believed to have been delivered in the law-courts before the
dicasts in support of the plaintiff. The old view 6 t h a t it was on the occasion of
fixing the penalty that the second speech was delivered by Aristón is untenable,
for the process was an ατίμητος άγων the penalty being fixed by the law. As
Blass 7 suggested the second speech was merely a form of pleading (συνηγορία) ;
this tallies with Hyperides' statemant υπέρ Λυκόφρονος A § 19: δ κατήγορος
( = Aristón) . . . εκάλει συνηγόρους8.
The date of the oration has not been definitely settled. H . Hager 9 suggested
339/338 because of the implied immunity of the prosecutor from impeach1
Quaeetiones oratoram 1, Berlin 1843, 706.
' J . KutOHNSB, Prosopographia Attica, 4520; B E 5, 1905, 1151 n. 2.
»4 See J . H . Lipsitrs, Das attische Hecht, 429.
Hyper, ύπέρ Λνχόφρονος A S 12 : εισαγγελία* δέδωχας ύπέρ ών γραφαί jtçdç τούς θεομοόέτας ¿K r ü f ψόμαίτ είσίτ.
Cf. Arte tot. Athen, pol. 59, 3. Hyperides' words, ibidem: ¿μέ μέν αίτιφ ¿r rfi eloayyeMç χαταλύειν t ò t Λημοψ 7ioQaßairorra τους νόμους do not seem to indicate t h a t Lycophron was judged through the εισαγγελία χαταλύαεοίς τον
δήμου a s Η . HASEK, Quaest. Hyperid., Leipzig 1870, 54 suggested.
* Cf. Hyper. Ätit Εύξεψίππου A S 7. — I t is a well-known (act t h a t there are several cases in which a defendant
seems
to be prosecuted under the wrong procedure, cf. e. g. Hyper, ibidem 9; Antiph. 5 , 1 0 . 1 6 .
1
See K. G. B o e h n e c k e , Demosthenes, Lykurgos, Hyperides und ihr Zeitalter, Berlin 1864, 46sqq. The same
scholar set forth the view t h a t the second speech was written by Lycurgus for a certain σνγχατήγοοος; cf. F. B l a s s ,
Attische Beredsamkeit 2/2, 66.
:
Attische Beredsamkeit 2/2, 66.
' Cf. A . SCHÄFER, Demosthenes 2, 323.
' Quaestionum Hyperidearum capito duo, Diss. Kiel 1833, 71sqq.
9
ELIO
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130
NICHOLAS E . CONOMIS
ment 1 . Pollux 8,52—53 preserved a fragment of Theophrastus from which we
learn that prosecutors using the impeachment (oiεισαγγέλλοντες) were afterwards
liable to pay a fine of a thousand drachmas if they did not obtain a fifth part
of the votes 2 ; and Demosthenes (On t h e Crown 250) refers to the same penalty
as being in force in 338. Schaefer, loc. cit. because of the assertion of Theon in
Progymnaemata (cf. Testim. 3) t h a t Demosthenes imitated in his oration
Against Meidiae this speech of Lycurgus, assumed t h a t the eisangelia against
Lycophron took place before Demosthenes' speech i. e. 347. Finally Blass
suggested a time when the second war between Athens and Philip was immin e n t : „in die Zeit des zweiten Krieges mit Philipp" 3 , which I take to mean
before 338 4 ; he is followed by T. W. L u m b 5 .
But afterwards certain shortcomings in the previous calculations became
manifest and A. Körte® approached the problem from an entirely new point
of view. The accomplice of Lycophron as has already been mentioned, was the
sister of the athlete Dioxippus. From a fragment of an Oxyrhynchus papyrus
which contains a speech in defence of Lycophron (P. Oxy. 1607 fr. 13) 7 we are
informed t h a t Dioxippus a t the time of his sister's second marriage set out for
Olympia where he was victorious. His victory has conclusively been fixed to
336 B. C. 8 If this date is correct, as there is every reason to believe, then,· since
this case took place a t least three years after the marriage as can be deduced
from Hyperid. νπερ Λνκόφρονος A § 17, it must be dated t o 333 the earliest.
The main advantages® of this d a t e over t h a t of 340 are :
i) Lycurgus came forward as a public speaker after t h e battle of Chaeronea
(338);
ii) the resemblance between t h e preamble of Hyperides' speech and those of
the speechs On the Crown of Demosthenes and Against Ctesiphon of
Aeschines is readily understood when there is only a short time between
the composition of each;
ili) since Diocippus was present at his sister's marriage and the words of
Lycophron, addressed to Dioxippus' sister and mentioned by Lycurgus,
were of paramount significance in supporting Lycurgus' argument, it is
1
H y p e r , ibidem A s 12: είσαγγελίαν δέόωχας inèç ώρ γοαφαΐ ηρός τούς ΰεαμο&έτας ix των νόμων elatv, ίνα πρώτον
μέν άχίνόυνος tlalflç είς τόν άγώνα; cf. ibidem A § 68.
' T h e f r a g m e n t is q u o t e d in full b y R . J . BONNER a n d 6 . SMITH, T h e a d m i n i s t r a t i o n of justice 1, 295; cf.
H . HAORR, loc. cit. 6 8 a q q . ; A. KÖRTE, H e r m e s 5 8 , 1 9 2 3 , 230; G. COLIN, H y p é r i d e . Discours, P a r i s 1946,121 note 1.
One would like some c o m m e n t o n H a r p o c r a t i o n ' s i n f o r m a t i o n , s . εισαγγελία t h a t : . . . i 6i διώκων, έάν μή lkj¡,
ούύέν ζημιοϋται, πλήν iàv τό e μέ^οζ των ψήφων μή μεταλάβω · τότε ydç χι Μας έχτίνει· τό 6έ παλαιόν χαΐ ούτοι (sc. ol
όίώχοντες) a s well a s t h e φεύγοντες referred t o previously, μειζόνως έχολάζοντο which seems t o m e r i g h t opposite
to Pollux's information.
> Attische B e r e d s a m k e i t 3/2, 69.
* I was n o t able t o v e r i f y t h e i n f o r m a t i o n given b y R . J . BONNER a n d G. SMITH, T h e a d m i n i s t r a t i o n of justice
I , 297 n o t e 5 t h a t F . BLASS d a t e d t h e Λιίρ Λνχάφ^ανος of H y p e r i d e s b e t w e e n 330 a n d 324.
1
New c h a p t e r s in Greek l i t e r a t u r e , 1st series O x f o r d 1921, 158; J . KIRCHNER, F r o s o p o g r a p h i a A t t i c a , 9255:
"c. a. 340."
• Hermes 58, 1923, 230sqq.
' A. KÖRTE, Archiv f ü r P a p y r u s f o r s c h u n g 7 , . 1925, 158—160 a n d loc. cit., rejects t h e a t t r i b u t i o n t o H y p e r i d e s
on stylistic grounds.
• See G.H.FÖRSTER, Olympische Sieger, i n : P r o g r . Zwickau, 1891/92, n. 381; L.MORETTI, O l y m p i o n i k a i ,
R o m a 1957, n. 458.
• See A. KÖRTE, H e r m e s 58, 1923, 2 3 4 s q . ; G. COLIN, H y p é r i d e , 123.
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clear that Dioxippus' evidence would be decisive. Yet Dioxippus is
nowhere mentioned for he had no chance of giving evidence ; he was in
Asia with Alexander's army at the time.
The difficulty arising from the fact that Demosthenes' words in 18,250 seem
to indicate that the immunity of prosecutors using impeachment was abolished
after Chaeronea, is met by supposing that this innovation, alluded to by
Demosthenes, actually took place only between 333 and 330 B. C. This is a
difficulty which has not been satisfactorily explained and there are scholars 1 ,
who seem to believe that the fine of a thousand drachmas was introduced
"about 338 B. C." 2
The line adopted by Lycurgus as an accuser is not clear. The speech of
Hyperides υπέρ Λνχόφρονος may help to trace some of the points dealt with by
the speaker. Nothing can be made out with certainty from the preamble. The
reference to the kidnappers is problematic whether it belonged to it and if
really did how it was used. To his attempt to emphasize the seriousness of
Lycophron's action Lycurgus may have referred to äνοικος and especially to
fr. 3, which seems to tie up with the answer of the defence in Hyperides'
speech (A § 12). Then perhaps he proceded to mention examples suggesting
that insult provokes vengeance (?) but his line of argument becomes very
obscure, except in the fragments where he insists on the immorality by
which the adulterer forces many women (though married?) to grow old living
unlawfully with men unsuited to their position 3 . Fragments 12 and 13 perhaps
belong to the part of the speech describing how Lycophron approached the
woman.
Testim. 2. The contents of Theon's passage is somewhat puzzling for, as
Lipsius 4 noticed, no speech of Lycurgus on νβρις is known. But perhaps
bearing in mind that ύβρις was the term used for a number of personal
wrongs against an individual it is understandable how ύβρις and νβρίζειν is
used in the case of μοιχεία in a number of passages in the orators 5 and that
Theon should call the two speeches of Lycurgus against Lycophron ύβρεως
λόγουςβ.
Testim. 3. Theon 2,106. 5sqq. Sp., definition of τόπος as λόγος αυξητικός
όμολογουμένον πράγματος suggests t h a t the orator used a lot of common-places
against the adulterer. Whether the act of adultery in this case was confessed
seems at first unlikely; in the preserved parts of the speeches of Hyperides,
however, no direct denial of the fact is attempted, rather it would seem as
silently admitted 7 . In that case the term όμολογουμένον πράγματος of Theon
would be technical.
1
E . J . BONNES a n d O . SMITH, T h e a d m i n i s t r a t i o n of j u s t i c e 1, 2 9 7 .
• H o w e v e r , s e e T H . THALHKIM, H e r m e s 3 7 , 1802, 3 5 2 ; A . KÔRTB, i b i d e m 58, 1923, 2 3 4 - 2 3 5 a n d G . COLIN,
Hypéride, 124-125.
» Cf. Hyper, ibidem A § 12.
Das attische Recht, 421.
» Cf. Lys. 1. 2; cf. 4. 25 ai.; Demoeth. 19, 309; Hyper, β, 3β.
• Cf. also above p. 129.
' Cf. e. g. P. Oxy. 1807 fr. 1 coi. I I I 44-47.
4
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132
NICHOLAS O . CONOMIS
1. The slave-dealer deprives the citizens only of their slaves and yet he is
punished with the death penalty; those, then, who deprive t h e citizens of their
„teuersten Angehörigen" 1 should be punished with a t least equal severity 2 .
An άνδραποδιστής3 belongs together with κλέττται, λωτιοδυται, βαλαντιοτόμοι,
t o the class of κακούργοι*. We know from Aristotle's Athen, pol. 52, 1 t h a t a
kidnapper was punished with the death penalty: κα&ιστάσι δε καΐ τους ένδεκα
κληρωτούς, έπιμελησομενονς των εν τω δεσμωτηρίω και τους απαγομένους κλέπτας
και τους ανδραποδκπάς και τους λω7ΐοδύτας, αν μεν (όμολογώ)σι ·&ανάτω ζημιώσοντας 5 . A slave-dealer who had sold a citizen into slavery had to face the δίκη
ελεν&ερο7ΐρασίον (Pollux loc. cit.). If he confessed the crime he was executed at
once, otherwise he was t a k e n b y the Eleven before the law-court, schol. on
P l a t . Phaed. 59 e, I. Bekker, Anecdota Graeca 310. 14.
Lycurgus appears to compare the seriousness of the offence of the slave-dealer
a n d t h a t of the adulterer.
• 2. The surmise of Kiessling, 45 t h a t this entry has been shortened and t h a t
t h e original one included also μοχ&ηρός (= κακός) seems reasonable. As for the
manuscript reading εξηγητήν ε·&ών I was previously inclined t o follow Cobet's
emendation but I am now persuaded by Prof. Pope t h a t it should be retained :
Lycophron is not the introducer of new customs as adulterers lived "before
Agamemnon". The new point arising from this case and t h e attitude of the
defence is t h a t the accused seeks to justify his act thus becoming the expounder of
new customs, he is the "priest-adulterer" so to say. Now t h a t the reading
εξηγητής is good becomes clear from Pseudo-Demosth. 35,17 and the following
texts as arranged by Jacoby®:
Etym. Magn. (Etym. Gen. 117 Mi) 348. 19 ( I = L e x . Vind. 94. 13 N;
Δικών ονόμ. 187. 10 Bekker, Anecdota Graeca; Souda, E. 1710): (ιδίως
έλέγσντο)7 oí τους νόμους τοϊς άγνοονσι διδάσκοντες και υποδεικνύοντες περί
του άδικήματος οδ έκαστος γράφεται- και εξηγούμενοι τα πάτρια. 'Ρητορική
(II = Lex. rhet. 252. 4 Bekker, Anecdota Graeca: schol. Plat. Euthyphr.
p. 4c): εξηγητής ofiv δ τους νόμους εξηγονμενος και παν ότιονν πράγμα. (III)
ζητεί είς τάς Διαφοράς, (b) Lex. rhet. 241.20 Bekker, Anecdota Graeca:
διήγησις έξηγήσεως διαφέρει · διηγούνται μεν ίδιώται άνδρες περί τών προστυχόντων, εξηγούνται δε οι τών νόμων εμπειροι περί ών προσηκε γενέσϋαι καχά τους
νόμους. And Souda, s. v. : εξηγήαασ&αι τον διηγησασ&αι διαφέρει, διηγησασ&αι
μεν γαρ εστίν ειπείν άπλώς ä τις αυτός επίσταται-, ήτοι προς άγνοοϋντας τονς
' Α. KÖRTE, H e r m e s 58, 1923, 25β.
' " E o s vero q u i liberte h o m i n i b u s v i m i n f é r a n t e t sórores vel uxores n o s t r a s n o b i s eripiunt, leviore poena
afflcimus, cf. Leocr. 106" (SAUPPE, 268). — T h e phraseology of a c h a r a c t e r in Aiciphr. 2, 38 (LOEB): μέμφομαι
τφ Σόλωπ xal τφ Δράχοντι, όί τούς μέν χλέπτοντας
αταψνλάς ΰαράτψ ζημιονρ ¿δικαίωσαν, τους ύέ άνδ^απαόιζοτraç
dñó τον φρορβϊρ τούς νέονς άόφους citai τιμωρίας άτιέλιπον while referring p l a y f u l l y t o t h e Cynics follows a similar
reasoning; c f . also E p i c r a t e s a p u d A t h e n . 2 5 1 b where t h e expression ύαυμάζω ii ty<oye occurs.
* T h e t e r m is explained b y F o l l o x 3, 78; P h o t . Berol. 1 2 6 . 1 2 ; I . BEKKER, A n e c d o t a Graeca, 219. 2, etc.
4
F o r t h e evidence see J . H . LIPSIUS, D a s attische R e c h t , 78. 320; G. BüSOLT a n d H . SwOBODA, Griechische
S t a a t s k u n d e 2, 1107 n o t e 3 ; R e v u e des É t u d e s Grecques 37, 1924, 279.
' Cf. also schol. Aristoph. vesp. 1108; P o l l u x 8 , 1 0 2 (cf. I . BEKKER, A n e c d o t a G r a e c a , 250. 4 ; E t y m . Magn.
338. 31). L.JGEKNBT, R e v u e des É t u d e s Grecques 37, 1924, 279—280: " P r i s en flagrant délit, in' αντοφώρψ" does
n o t seem a c c u r a t e ; cf. R. J . BONNER a n d G. SMITH, The a d m i n i s t r a t i o n of justice 2, 214—215.
• A t t h i s , 15.
' Ίίίως ίλέγσπο a d d . L e x V i n d o b .
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Notes on the Fragments of Lycurgus
133
άχροωμένονς λέγων ή και προς είδότας · το δε εξηγήσασθαι άμα λέγειν τε περί
ών άγνοοϋσιν οί άκονοντες καΐ διδάσχειν αυτούς περί ών πυνϋάνονται.
Further the term εξηγητής would be exceptionally pertinent if uttered by
Lycurgus whose policies were so much motivated by religious considerations1.
Lycurgus in his speech Against Leocrates often lays stress on the threat to
the city from the actions of those people who transgress her laws. The participle
γεγραμμένονς does not contrast the written to the unwritten or customary law
in general, but serves to reinforce the antithesis between νόμους and ε&η and its
meaning is here reduced to that of νενομο&ετημένους, "established". For this
use of γράφομαι cf. παρά τά γραφέντα δράν P l a t . Polit. 295 d ; also TO γεγραμμένον
υπό σον ψήφισμα Dinarch. 1,70 and the like.
3. The quotation was recognised as belonging to this speech by Meier, in:
Kiessling, C X X I X and it was first edited here by Blass. Editors read after
Blass προς <τόν> άνδρα but Pezopoulos2 pointed out that in a similar case
Eurip. Med. 15 : δταν γυνή ττρός άνδρα μή διχοστατη the article is not used ; t o
this example may be added: Horn. Od. Ζ. 182, Eurip. fr. 164 and from comedy:
Άπολλοδώρων fr. 13 A 1. 2 ( = J. M . Edmonds, loc. cit. 3 A , 206): ανδρός
όμονοίαν xài γυναικός [ου κρατεί]. F o r the expression αβίωτος βίος etc.,
cf. Antiph. 3, b 10, Lys. 6,31, Aeschin. 1,122.183 (the speaker refers to the
life of a woman who comitted adultery), 3,149; Demosth. 21,131; 24,141;
60,31.
It is understandable that the speaker should make use of such an expression
but it is impossible to guess with any measure of probability the specific line
of his argument, except to note that Hypsrides' words (contra Lycophr. A § 12) :
[<ϊς μ ' ] αίτια δτι [πολλάς μεν γ\υνα\1κας ποιώ] άγάμ[συς ένδον κα]ταγηρ[άσκειν,
πολλ\άς δε σ[υνοικεϊν ο]Γς ου προσήκει παρά' τους νόμους is an answer partly t o this
point of the prosecution. Perhaps γυναίκας ποιώ αγάμους ένδον καταγηράσκειν is
to be understood rather of married women whose life is reduced to such a state
that it is as if they had not been married : they either live secluded since their
marriage has been destroyed or live with the μοιχός ( ?). Such a life would seem
to be referred t o b y the speaker's words αβίωτος ό καχαλειπόμενος γίγνεται βίος
and not that of altogether unmarried women.
4. "Ανοικος was used for άοικος by Herodt. 3,145, but Demosth. 45,70 used
instead άοίχητος and so did Lycurg. contra Leqcr. 60. 62 referring to a city
deserted and uninhabited3. For the pair ανοικος—άοικος besides other examples
cf άνοίχητος—αοίκητος.
The speaker perhaps was arguing that Charippus' home had been broken up
by the adulterer.
1 In Herodt. 5, 31 the consensus of the manuscript; and the Souda, s. ¿ξηγηχαί read ¿ξηγητής γίνεται
πςηγμάτωρ
áya&üiv. It was altered by HBRWERDEN and MiDviG to έσηγητής and subsequent editors accepted the change without
any protest. In my opinion the manuscript reading should be kept.
' Gnomom 10, 1034, 535.
• "Quamquam Lycurgus or. c. Leocr. 60. 62 άοίχητος vocabulo utitur, tarnen temerarium foret statuer« banc
glossam ad iilos locos pertinere" (8ΐΫΡΡΕ,2β8). Ε . Ο. Β JEHNEOKB, loc. cit. 72 suggested that here Λνοιχος = „heimatlos", which seems unlikely.
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134
NICHOLAS E . CONOMIS
5. For the connotation of ¿μποδών ( = manifest) which resulted from the
meaning "things which are in one's way" 1 , "before one's eyes", and therefore
" m a n i f e s t " , cf. e. g. Andoc. 4,10: πό&εν αρξομαι, εμποδών απάντων όντων;
Aristot. eth. Nik. 1127 b 30: τα μη λίαν εμποδών καί φανερά.
Nothing can be made out about the context in which the speaker used the
word.
6. The entry aims at distinguishing the several "Ιππαρχοι. The Hipparchus
whom the speaker mentions was the well-known son of Pisistratus 2 . The
likeliest reason for the mention of Hipparchus is the insult he is said to have
offered Harmodius' sister (5, fr. 7). This is recorded by Thucyd. 6,54 ff.
(cf. Aristot. Athen, pol. 18 who, however, says t h a t the insult was directed
against Harmodius: λοιδορησας τε τον Άρμόδιον ώς μαλακσν δντα) as a motive
for the tyrannicide 3 sometimes alleged but not generally believed. Hyperides, however, utilises it (6,36—39) as the accepted explanation. One may
presume t h a t Lycophron has.— according to Lycurgus — outraged the sister (or
the wife?) of some citizen and t h a t the speaker recalls the similar crime of
Hipparchus by way of αϋξησις; cf. Kiessling, 44: "ad iudicum pectora patriae
amore inflammanda orator etiam Öarmodii Aristogitonisque factum celebrare
potuit."
7. Though many rapes which figure in the New Comedy usually take place
a t festivals I would rather believe t h a t the mention of κανηφόροι by the speaker
should be connected with the preceding fragment referring to Harmodius' sister
t h a n to the Athenian woman of t h e speech. This suggestion I now see was made
by Boehnecke 4 ; he cites Aristot. Polit. 1311 a 31—33 a passage which approaches
considerably Lycurgus' presentation of the incident. Other scholars thought
t h a t Lycophron's mistress had been a κανηφόρος and t h a t this service of her
was somewhat connected with the adultery®. If I am not mistaken Lycurgus
would seem to have dwelt on the incident and to have given particulars. The
general line of his narrative must have been based on what Thucydides says
(6,56): άδελφην γαρ αντοϋ (sc. Αρμοδίου) κόρη ν έπαγγείλαντες -ήκειν κακοϋν 61σονσαν εν πομπή τινί, απήλασαν λέγοντες ουδέ επαγγεϊλαι την αρχήν διά το μη
άξίαν κλπ.
8. How Lycurgus came to mention the sanctuary of Melanippus, the son of
Theseus®, remains obscure. According to Kleidemos 7 this sanctuary was
situated in t h e deme of Melite 8 . Boehnecke 9 tentatively suggested t h a t it was
in connection with the exposition of illegitimate children t h a t the sanctuary
was mentioned.
1
'
'
the
'
The opposite ixmttóv Is explained by some lexicographers as αφανής.
Thncyd. β, 54sqq.; Aristot. Athen, pol. 18, 1: παιβι<Οης ml ¿ραιπχός; J.MLLLKR, BE 8, 1913, 1663—1ββ4.
Τήν άνόραγαόίατ Isaeus 5, 47. — For a recent discussion of the two versions of the liberation of Athens from
tyrants see F. JACOBY, Atthis (see index, s. Peisistratos).
Loc. cit. 69.
* Cf. P . O x y . 664,1. 3 0 : τής νεωτέρας των τοΰ | Πιαιατράτσυ
θυγατέρων
j ¿ράν, Ιδών άρρηφορσόσαν·
• About Melanippus see J. KRISCHAN, RE, Suppl. 5, 1931, 728.
(LOEB).
' FGrHist 323 F 2.
• See W . JDDSICH, Topographie, 399; cf. H e s p e r i a 5, 1936, 183.
' Loc. cit. 65 note 1.
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Alciphr. 3, 31
Notes on the Fragments of Lycurgus
135
9. Kiessling, 45 thought that this word might refer to the asassination of
Hipparchus. I t is impossible to guess the context in which the speaker used it 1 .
10. It is remarkable that Lycurgus should in contra Leocr. 98 ff. refer to the
daughter of Erechtheus praising her sacrifice for Attica at the time of the
invasion of the Thracians under Eumolpus. Boehnecke 2 thinks that the speaker
contrasted the behaviour of Lycophron as regards his illegitimate relations
with Athenian women to that of the stranger Hyacinthus, who offered his
daughters for the safety of the city. In such examples of self-sacrifice the
Athenian orators often indulged; cf. for instance Demades fr. 110: at θυγατέρες
Έρεχ&έως τω καλώ της αρετής το ϋήλν της ψυχής ενίκησαν, και το τής φύσεως
άσ&ενες επανδρον εποίησεν ή προς το έρεψαν έδαφος φιλοστοργία ; Demosth. 60,27.29 3 .
Yet it does not seem likely that the speaker would treat here the theme of
self-sacrifice for the safety of the city; the simpler explanation is to suppose
t h a t the Hyacinthides merely figured in a "catalogue of noble women". I t may
even be t h a t the speaker was not referring to the Hyacinthides themselves but
only to their father 4 , though he seems an obscure person of Attic mythology.
Otherwise the nucleus of the story of Hyacinthides is the "sacrificial d e a t h " 8 .
The words at the end of this quotation είσΐ δε ϋυγατέρες Ύαχίνϋσυ τον Λακεδαιμονίου are added by Harpocration or his source; this would not perhaps
happen if the orator explicitly followed the alternative tradition of the Hyacinthides being the daughters of Erechtheus 8 . Sykutris' 7 statement that "Lyk.
frg. 71 scheint der allgemeinen Auffassung gefolgt zu sein" is somewhat vague
as it is not clear whether by the „allgemeine Auffassung" it is the attidographic
tradition that must be understood. That does not seem likely 8 .
11. In case of ill-treatment of a slave by his master, the graphe might be
used by any citizen who took an interest in the case 9 . Part of the law referred
to by Lycurgus is quoted by Aeschin. 1,15—17 and given in full by Demosth.
21,47. A law similar to that of the Athenians is alluded in Herodas 2,46 ff. as
one of Charondas' laws 10 .
12. Boehnecke 11 suggested that the quotation refers to Lycophron's house,
but it could equally well refer to the house of the woman with whom he committed the adultery; cf. P. Oxy. 1607 fr. 1 quoted in the next fragment where
a digging through the wall of her house for the sake of intercourse with the
woman was suggested by the prosecution but was denied by the defence.
1
F o r t h e m e a n i n g of <palvto&at s e e H . CK LIDDBLL a n d R . SCOTI·, G r e e k L e x i c o n , s . v . Β I 2 b .
• Loc. cit. 63.
' C f . a l s o D i o d . S i c . 1 7 . 1 5 . 2 : Φωκίων μέν 6 χρηστός, άηατολιτβυόμβνας
τοις ηβρί χόν Αημοσόένητ* ίψη
Setf-τούς
¿ξαιτονμ^ψους μιμήσασΟαι
τάς Λεώ Hàçaç Mal τάς 'Yaxtvöl&ag, Hai TÒP θάνατον ίχσνσίως άηομεΐναι,
frexa
τον
μηδέν
άνήχονστοψ πα&εΐν τήν π α τ ρ ώ α .
4
Cf. contra Leocr. 100.
« See S. EITREH, RE 9,1916, 2—3 and the discussion of JACOBT on Phanodemu9 (325 F 4). The Hyacinthides
are identified with the "Geraistai Nymphai Genethliai" by M. ERTIN, Πλάτων 11, 1959, 146sqcL,
• Cf. Demosth. 60, 27; Phanod. F 4.
' Hermes 63, 1928, 247 note 2.
" See FGrHist 325 F 4.
• For modern authorities see: V. KAHRSTBDT, Studien zum öffentlichen Recht Athens 1, Stuttgart/Berlin 1934,
327; R . J . BONNEB a n d G . SMITH, T h e a d m i n i s t r a t i o n of j u s t i c e 2 , 2 1 5 - 2 1 6 ; G . R . MORROW, Classical P h i l o l o g y
32, 1937, 215sqq.
"
See A . HEADLAM a n d A. D . KNOX, a d loc. See f u r t h e r KISSSLINQ, 3 6 s q .
" Loc. cit. 61.
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136
NICHOLAS E . CONOMIS
Ίττνός (rather t h a n ίπνός1 ) is here mentioned by the lexicographers with the
meaning "kitchen" but the word, very much used by the comic poets, has other
meanings beside 2 .
13. Harpocration is not very clear in his definition of όρκάνη3. In P. Oxy.
1607 referred to above fr. 1 we read : [τοϋτό\ν àt[o]oô|ou τον [τοϊχο]ν της τιρός την
[δν&ρ]ακηον ομιλίας \βνέ\κεν ουδαμώς [πιϋ]ανόν εστίν κλπ. Is it not probable t h a t
t h e speaker alleged t h a t Lycophron entered his mistress' houss by digging the
όρκάνη through? I n such a case the word would seem to mean the enclosure of
a Greek house 4 .
The tradition of the word όρκάνη (forms ερ- and άρ- occur as well) was evidently unstable and many forms have been preserved, especially by Hesychius
(cf. ό(έ)ρικάνη, δρκμον, έρκατή, ëρκατος, εργετος). This fact perhaps suggests t h a t
it was a word in popular use which never stabilized itself in the written language.
F r o m the scholiast ad Theocr. 4. 61 : μάνδραν την των προβάτων όρκάνην and
some lexicographical entries it seems t h a t it may have been used for the enclosure of thorny bushes (cf. Pollux 10,131) 5 or less probably the walls of dry
stones ( = ξηρολί&ιές) very well known in the Greek countryside.
X I . Against Lysicles
The general Lysicles was in command of the Athenian forces at Chaeronea.
The names of seven out of the ten Athenian generals of the year 338/337 are
known®; three of them had command in the field while another is known to
have been in command of the n a v y 7 . Those in command at Chaeronea besides
Lysicles were Stratocles 8 and Chares, the latter commanding the mercenary
force 9 . I t was a common belief — perhaps in accordance with the tendency in
Hellenistic times to glorify, and where necessary to make excuses for Athens —
t h a t all of them were mediocre leaders 10 . I t is said t h a t before 338 Lysicles
belonged t o the party of Demosthenes, of which Lycurgus was also a member 1 1 .
1
S e e Κ SCHWYZER, G r i e c h i s c h e G r a m m a t i k 1, 258*; E u s t a t h . 16. 4 1 : χαί ό Ιπνος βαρντάνως
ή invi;
όζυτόνως
sounds add.
I
See Classical Beview 45, 1931, 60; H . G. LlDDELl and R. SCOTT, Greek Lexicon, s. v.; J . B . KENT, Hesperia
17, 1948, 295; cf. Β . PFEIFFER, Callimachus, 295.
• For a detailed note on the meanings and occurence of this word sec U. BOLKESTEIN, Μνημοσύνη, 4th series 2,
1949, 177—180. He rightly dismisses the equation of όρχάνη with σαργάνη or χρεμάϋρα in some lexicographers. For
its formation see C. D. BÜCK and W. PETERSEN, A reverse index, 288 and E. DODDS, Bacchae, 2nd ed. Oxford
I 9 6 0 , 153.
' See B. C. RIDER, The Greek house, Cambridge 1916, 22sqq. Otherwise K. G. BOEHNECKE, loc. cit. 72 and 85.
• The strange information supplied by Pollux 7,147: 4 ài δλλως δασεία (sc. γη) ίΜροις ούχ ήμέροις όρχάνη
would be a further development from this meaning.
• See ARTHUR KRAUSE, Attische Strategenlisten bis 146 v.Chr., Weimar 1914, 21; J . SCNDWALL, Epigraphischc
Beiträge zur sozial-politischen Geschichte Athens,in: Klio, Beiheft 4, 1906, 21; θ. ΣΑΡΙΚΑΚΗΣ,
Ά«ηνά 57,
1953, 267.
7
H e w a s J i ά τ ι μ ο ς ΔιοπεΜους
1 6 3 1 a 11, etc.
Εύωνυμεύς;
J . KIRCHNER, P r o s o p o g r a p h i a A t t i c a , 4 3 8 4 ; see I G I I * 1628. 3 9 7 ,
• Cf. Prosopographia Attica, 12931; R E , 4 A 1, 1931, 268 η. 3:
• Cf. Diod. Sic. 16, 85. 2 from which it seems that Chares was in command of the mercenary force, Lysicles
of the citizens' corps. N. HAMMOND, Klio 31, 1938, 201 suggests that the account of Diodorus was written from
the Athenian standpoint; cf. also Classical Quarterly 31, 1937, 79sqq. and especially 85 note 2, 90—9>; ibidem 32,
1938, 149.
' · C f . e . g. D i o d . Sic. 16, 8 5 . 7 : τοϊς ΆόηναίΟίς οΐ μέν άγαθώτατοι
των στρατηγών
¿τετελευτήχεσαν
. . . τ ω ν ó' ιϊποjteAeiμμένων Χάρης π^ωτειίων ούϋέν όιίφερε των τυχόντων Ιδιωτων κατά την ¿ν τ ψ στρατηγείν
¿νέργειαν.
II
P s e u d o - P l U t . 8 4 8 s q . : φίλος ó'wv (sc. Ύπερείόης)
τοίς περί Δημοσθένη
χαϊ Λνσιχλέα xai Λνχονργον,
ούχ
ένέμεινε
μέχρι τέλους χλ,-τ.
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137
Notes on the Fragments of Lycurgus
For some time after Chaeronea strong criticisms were levelled in Athens
against the generals who carried out the operations. I t is interesting to note
that both orators, Demosthenes and Aeschines, in the trial concerning Ctesiphon
in 330 B. C., refer to the inadequacy of the generals in one way or other. Thus
Aeschines alleges that because of Demosthenes' submission to the Theban terms
Stratocles had no authority to concern himself with the safety of his soldiers 1 .
Demosthenes on the other hand, refers more than once to the inefficiency of the
generals (στρατηγών φαυλότης)2. This is quite understandable. Both orators
would obviously blame the generals rather than the soldiers, who were ordinary
citizens and formed part of their audience (see for Demosthenes' practice the
references given by Treves 3 ).
Stratocles may have been killed during the battle 4 ; as to the whereabouts
of Chares during the battle or soon afterwards nothing is said. He may have
stayed for the rest of his life away from Athens 5 .
Lycurgus may have delivered his speech either during the euthynai of
Lysicles or probably some time after the battle without waiting for Lysicles'
euthyna®. The accusation would have been either a γραφή προδοσίας or an
εισαγγελία7. The latter is suggested by D. A.F. Nissen 8 and Lipsius 9 ; in view of
Lycurgus' frequent use of eisangelia and the connection of the impeachment
with the strategoi (cf. Hyper. 3,27) they are perhaps right in their suggestion.
Regarding the date it must have taken place during or not long after 338.
The first of the extant quotations is held to indicate that the speech was delivered while the disaster was still fresh in the minds of the Athenians. The
result of the trial is well-known (cf. Testim. 1—2). Lysicles was put to death.
Several reasons have been offered for the prosecution of Lysicles alone of the
generals, but no good evidence have as yet been advanced in their support 10 .
Was it actually the case that the battle was fought on the day of Lysicles'
generalship 11 or that Lysicles had some authority over his colleagues? We do
not know if a system of rotation of command operated in the second half of
the 4th century 12 . The second alternative seems more probable. Lysicles may
1
D e11108th. 3 , 1 4 3 : ώστβ παρά ( = κατά, d u r i n g ) τόν γβνόμβνορ πόλεμον
μή xvçiov γενέο&αι
Στρατοχλέα
τόρ
ύμέτερον
στρατηγό» βονλεύαασβαί πβρΐ της των στρατιωτών σωτηρίας. That the generals were actually under Demosthenes
cf. Plut. Demosth. 18. 3 and 21.
' E. g. 18, 300. 306.
' Demosthenes, 140 note 37.
4
Cf. Polyaen. 4, 2. 2 where he is reported to have experienced a disappointment as a result of miscalculation.
J . G. DROYSEN, Geschichte des Hellenismus 2,2nd ed. Berlin 1877,17β took general Stratocles as the main accuser
of Demosthenes in the Harpalus' affair; thus he identified him with the well-known Στρατοχλής Εύύυόήμου Διομιείς
(Proeopographla Attica, 12938); cf. E . J . BELOCB, Griechische Geschichte 3/1, 2nd ed. Berlin/Leipzig 1922, 568.
' See J . KIRCHNER, RE 3,1899,2127; Proeopographla Attica, 15292. The way Demades speaks to king Philip
in Plut, de nobilit. 2 shows that he regarded Chares as the main general of the Athenians.
' On the crucial point of the kind of euthynai and the prosecution undergone by a strategos see A. HAUVETTEBESNAUIT, Les stratèges Athéniens, Paris 1885, 56sqq.; U. WILAMOWITZ, Aristoteles und Athen 2, 224; H. SwoBODA, Hermes 28,1893, 554sqq.; J. H. Lttsius, Das attische Hecht, 296; BE, Suppl. 6, 1935,1075.
' See A. HAUVETTE-BISNAUIT, loc. c i t . 107.
• De Lycurgi vita. Kiel 1833. 68.
* Das attische Recht, 287.
" J . O . BURTT, loc. c i t . 1 4 9 : " C o n d e m n e d f o r h i s c o n d u c t " ( = D i o d . Sic. 1 6 , 8 8 ) is v a g u e ; N . G. L . HAMMOND'S
statement (History of Greece, Oxford 1958, 570): "Was condemned to death for being among the fugitives" is,
as far as I know, without real evidence.
"
S o D . A . F . NISSEN, loc. c i t . a n d KIESSUNO, 4 8 .
" See RE, Suppl. 6, 1935, 1080 and Κ . J . DOVES, Journal of Hellenic Studies 80, I960, 71 sq. who is sceptical
whether the rotation system was actually practised even in the 5th century.
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138
NICHOLAS E . CONOMIS
have been prosecuted because Stratocles was killed while Chares was in
command of the mercenary troops only ; he bore therefore the main responsibility for the issue of the battle 1 .
1. The number of the Athenians who fell at Chaeronea and those who were
made captive is — besides Lycurg. contra Leocr. 142 — also given by Demades
περί της δωδεκ. 9 : χιλίων γάρ 'Α&ηναίων ταφή μαρτυρεί μοι κηδενάεϊσα
εναντίων χερσίν. διαχίλιους γάρ αιχμαλώτους ανεν λίτρων και χίλια πολιτών
ταΐς των
σώματα...
λαβών2. The passage of Lycurgus is another specimen of his δείνωσις. Despite
the shortness of the extract there are four instances of repetition or rhetorical
duplication3. The clauses are carefully balanced with not only πάρισα but
also όμοιοτέλευτα. The rhythm is altogether remarkable for its movement, which
aims to express strength of emotion. The synonyms used like : σον ηγουμένου
και στρατηγοΰντος,
τολμάς ζην και τό τον ηλίου φως όράν, αισχύνης και ονείδους, a n d
the affected "pathos" suggest an influence of the Isocratean oratory. Further
το τοϋ ήλιου φως όράν is a poetic periphrasis cf. Sophocl. Trach. 83δ : πώς δδ' äv
άέλειον Ιτεραν ή τα νϋν ϊδοι4 and the scholiast ad Sophocl. A j a x 962. For the
phrase: τολμάς ζην και . . . είς την άγοράν εμβάλΛειν cf. Andoc. 1,99: και συ ζfi ς
και περιερχη την πάλιν ταντην, f o r : υπόμνημα γεγονώς αισχύνης και ονείδους τη
πατρίδι cf. c o n t r a L e o c r . 5 : της τε πατρίδος όνειδος και πάντων υμών
γεγενημένον.
2. After the battle the Athenian generals took refuge in the town of Le badea 5
(Pseudo-Plut. 849a, cf. Kiessling, 49, Sauppe, 269) and from it they sent
heralds to ask for the burial of those fallen 6 .
3. There is no doubt that the speaker refers to Hippocrates, the Athenian
general who fell at Delium7, but the orator's object in doing so remains obscure.
Possibly he compared Hippocrates with Lysicles 8 with the intention of disparaging the latter; the former's death in the field may have given him the
opportunity to draw a rhetorical antithesis between the two leaders, cf. e. g.
fr. 1 : τολμάς ζην και το του ηλίου φως όράν etc. He might have been referring to
the fact that the bodies of the Athenians at Delium were eventually given up
for burial, in spite of the Boeotians' original refusal 9 , since the same pattern
was repeated after Chaeronea.
XII. On the Oracles
This speech is only twice mentioned by the Souda (s. Λυκούργος, κανχά) and
we are not sure what its subject was. Several opinions have been expressed, all
1
A rather striking parallel to this case seems to me that of Titus Menenius (Liv. 2, 52. 3—5).
' C f . H e r m o g . περί στάσεων p . 6 8 , 1 . 1 4 ( e d . Η . RABE).
C f . e. g . : xal χιλίων μέν πολιτών τετελεντηχότων,
| όιαχιλίων
1
6'αιχμαλώτων
γεγονότων,
| σου ήγουμένον
xal
στρα-
τηγοί ντος I τολμάς ζην xal τό τον ήλίου φως όράν; cf. the examples of BLASS (Attische Beredsamkeit 3/2, 129—130),
from the contra Leocratem.
' Cf. also Horn. II. A 88; Σ 81; Eurip. Iph. Aul. 1219.
' For its site see A. PHILIPPSON, Die griechischen Landschaften 1 2, Frankfurt a. M. 1950, 448-449, cf. 445—446;
E. PIESKB, R E 12, 1924, 1048-1052; cf. also Ν. HAMMOND, Klio 31, 1938, 202sq.; W. K. PRITCHETT, American
Journal of Archaeology 62, 1958, 307-331.
* P s e u d o - P l u t . 849 a : μετά μέντοι τούτο (SC. τό ψήφισμα
πρότερον ού όονς τοις ¿λάοϋσιν ¿χ Λεβαΰείας
χήρνξιν.
1
Prosopographia Attica, 7640 : Άρίφρονος
' SAUPPE, 269.
Ύπερείδον)
νεκρών Εδωχεν άναίρεοιν
à Φίλιππος
Χολαργεός.
· Thucyd. 4,97. äs:j.
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φοβηθείς,
139
Notes on the Fragments of Lycurgus
of them highly speculative. Thus Boehnecke 1 taking into consideration some
statements 2 which seem to indicate that there was a disagreement after the
battle of Chaeronea between the orators and the generals because of an oracle
which blamed the leaders (ηγεμόνας, i.e. the politicians) for the disaster, thinks
t h a t the speech refers to that occasion. Lycurgus, according to Boehnecke,
spoke against this oracle but Meier, in Kiessling, CXXXVII thought that the
oracles to which the speech referred were those relating to the expansion of the
existing religious cults or to the renovation of older ones. Such oracles are
mentioned by Demosthenes in the Against Meidias 52 and are alluded to by
Pseudo-Plut. 844a: επηγγείλατο (sc. Νεοπτόλεμος) χρνσώσειν τον βωμσν τον
'Απόλλωνος εν τη άγορα κατά την μαντείαν τοϋ ΰεον. Lycurgus, thought Meier,
suggested in his speech that the public treasury was unable to sponsor these new
cults. But could the oracle be consulted about a new cult unless the decision
had a t least in principle been taken by the people? (cf. the formula of IG II 2
333. 25 referred to below). Sauppe, 270 would tentatively refer the speech to
the oracles connected with the divine honours bestowed upon Alexander by the
Athenians at the suggestion of Demades. Demades' proposal, he thinks, was
assisted by some oracle 3 . However, no oracle is mentioned in the sources 4 and
in view of the fact that Alexander's deification was not spontaneous on the part
of Athens but it was more or less forced on the Greek cities of the League of
Corinth by Alexander himself (cf. Diod. Sic. 18,8) this suggestion seems unlikely. See further on this point W. W. Tarn 5 . Blass® confessed t h a t the contents
of this speech remain unknown; Durrbach 7 approaches Meier's suggestion and
seems to favour the idea that Lycurgus was for the establishment of these cults.
For lack of evidence no decision can be reached, though Meier's and Durrbach's opinion is in line with Lycurgus' activities in general. Besides the passage
of Pseudo-Plut. 844 a there is indieation that Lycurgus was using the help of
the Delphic Oracle in his cultural activities. A law suggested by him may be
"mentioned in which the Delphic Oracle is involved as regards the enrichment of
Artemis' sacred cult-objects 8 .
There is to my mind a remote possibility that the present speech may be
the one Against Euxenippus. He was accused by a certain Polyeuctus in connection with an oracle relating to a μαντεία. An εννπvwv received through
εγκοίμησις surely could be called a μαντεία9. The oracle concerned was brought
from Amphiaraus to Athens by Euxenippus. The trial of Euxenippus became
1
Loc. cit. 739 note 3.
• Dinarch. 1,98; Rhet. Graec. 4, p. 569 (ed CH. WALZ).
• Other oracles at this time connected with Athens and the Delphic Oracle in: H. W. PARKE and D. E. W.
WORMELL, The Delphic Oracle 2, 2nd ed. Oxford 1956, nos. 282. 283. — The rapprochement of Athens and Delphi
which mention PARKE and WORMELL (loc. cit. 1, 262) may well have been inaugurated at the time of Lycurgus'
administration. There is slight evidence.
' See V. DB FALCO, loc. c i t . 25 a n d 9β.
» Alexander the Great 2, Cambridge 1951, 370sqq; see also J . P . V. D. BALDSON, Historia 1, 1950, 383-388
a n d Α. Β. ΑΑΣΚΑΛΑΚΗΣ,
140 sqq.
Επιστημονική
• Attische Beredsamkeit 3/1,109.
'β L'orateur Lycurgue, 125.
ΈπετηβΙς
I Q I I ' 333. 24 : xai ¿πβ[ρέσσ? | öai rór
μος ιερούς] ήι *AQτέ [μιόι | μείζσνα]ς xal χαλλίονς
' Ε . g. J . PLEY, K B 9, 1916, 1256-1262.
της Φιλοσοφικής
Σχολής
Πανεπιστημίου
et λώορ xal άμειτον [τ]ωι όήμωι τώι 'Αθηναίων
χτλ.
Ά&ηνώ* 10, 1959/60,
[παιησαμένωι
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τάς κόσ-
140
N I C H O L A S O. CONOMIS
well-known in antiquity because the defendant was supported by a speech of
Hyperides (now recovered in a papyrus), while the prosecutor was assisted by
Lycurgus. The action brought against Euxenippus was an eisangelia 1 . Yet the
speech of Lycurgus on that occasion is nowhere mentioned and we only know
of it from a passage of Hyperides' speech 2 .
1. The quotation as it stands is hard to interpret: . . . quippe non iure praefuisti. eius (έφ' ω ?) quo tu gloriarle ceteros pudet would seem to be the meaning
of the last half. But of what was the man at the head of 3 ? τοϋ δήμου ?, τοΰ
πράγματος1, suggest themselves as possible references of αυτόν. The general
meaning of the first sentences may be: necesse est cetera ut in democratia
tibi accentiri (σννεαιείν'1.). unius tarnen rei non est excusatio. But it is far from
certain that the Greek can be so translated. Previous editors confessed that
they were unable to tackle the passage 4 . They rewrite the whole passage trying
to give approximately the thought of the speaker.
As regards the two verbs ανχείν does usually have a slightly pejorative sense 6 ,
while the sense of χανχάσ&αι is rather neutral®. The precise shade of the latter's
meaning, however, depends very much on the context 7 . For the syntax of this
verb with επί + Dat., cf. Cratin. fr. 95 : κταμένοις επ αίζηοΐσι κανχασ&αι μέγα.
XIII. Against Menesaechmus or the Delian Speech
This speech is usually referred to as κατά Μενεσαίχμον but once the term
eisangelia is attached to it as a definition of the case involved from the legal
point of view. The other title by which the speech is mentioned once, namely
Λ ηλιακός, was strictly speaking the title of a speech delivered by Hyperides
before the tribunal of the Delphian Amphic^yons on behalf of Athens on a case
of dispute between the Athenians and the Delians as to who should administer
the sanctuary of Apollo at Delos 8 in 343 B. C. But, on the grounds of its
content, the speech of Lycurgus might as well be called "the Delian speech" 9 .
Menesaechmus, the defendant, was a well-known orator and politician 10 . He
succeeded Lycurgus as treasurer of the state ( = Dion. Halic. Dinarch. 11. 660:
μετά Λυκονργον
την διοίκησιν
τών δημοσίων
χρημάτων
παραλαβών1'1
and was an
influential person towards the end of Lycurgus' life. Politically he opposed
1 Hyper, ύπό Εύξενίππου 39 : είσήγγελχε
γαρ αύτόν (sc. Εύξένιπίιον) Πολύευκτος λέγειν μή τά άριστα τφ 6ήμφ τφ
Ά&ηναίίυν, χρήματα λαμβάνοντα χαί όωρεάς παρά τών τάναν τία πρα ττόνίων τφ δήμφ τ φ Ά&ηναίών.
1 Ibidem 12: ού Λυχονργον ¿χάλεις συγχατηγορήσοντα,
οΰτε τφ λέγειν ούύενός τών ¿ν τ fi πόλει χαταόεέατερον δντα,
παρά τούτοις τε μέτριον χαί έηιειχή όοχοϋντα είναι. See G. COLIN, Hypéride, 161.
• F . DITKRBACH, Lycurgue, 02 reads παρέστης for προέστης without any indication of change. A slip?
See suggestions in C. MÜLLER, Oratores Attici 2 , 3 6 6 - 3 6 7 .
1 Cf. Demetr. de eloc. l i d : δ τε γάρ άλαζών τά μή προσόντα αύτφ αύχεΐ όμως ώς προσόντα.
• Cf. e. g. Pollux 9, 145-148.
' F . BLASS, Attische Beredsamkeit 3 / 2 , 1 2 5 note 2 considers it rather arbitrarily a " s o l e m n " word.
β Cf. Philostr. vit. soph. 1. 18. 4 (p. 510): . . . Άύηναίων
ού μικρόν άγώνισμα ήγονμένων τό μή ¿χπεσεΐν τοΰ ¿ν
Λήλψ ίερον.
• Cf. titles like Κυ&νιακός, 'Ροόιαχός, Χιαχός, Πλαταιχύς of Hyperides; Άττιχός, Τνρρηνιχός, ΑΗωλιχός, Δηλιαχός
of Dinarchus and earlier the Πλαταΐχός, ΑΙγινητιχύς of Isocrates. Also two speeches of Philiscus were entitled
Μιληοιαχός, *Αμψιχτνονιχός.
10 See F . BLASS, Attische Beredsamkeit 3/2, 288; J . KIRCHNER, Prosopographia Attica, 9985 ; Κ . KUNST, R E 13.
1927, 2456sqq. ; Κ . FLEHN, R E 15, 1931, 849.
" Cf. A. BOECKH, Staatshaushaltung 1, 513, 516; 2 , 1 0 3 .
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Notes on the Fragments of Lycurgus
141
Lycurgus. Perhaps owing to the present action he became a bitter enemy of
Lycurgus and his family. He denounced, it is said, Lycurgus but without any
success during his last euthyna (325/324) shortly before his death 1 and he even
brought a succesful charge against his sons after Lycurgus' death (PseudoPlut. 842e 2 ). In the affair of Harpalus he joined the prosecutors of Demosthenes 3 .
In the present case he defended himself in a speech which Dionysius of Halicarnassus 4 tells us that he wrote himself, but which others assigned to Dinarchus.
The cause of the accusation in the present case is nowhere mentioned but
it is thought to have been closely connected with the cult of Apollo at Delos 5 .
The festival of Delia towards the end of the 4th century had a purely Athenian
character 6 , and on t h e particular occasion of this speech, there had evidently
been an infringement of ritual 7 . From fir. 6 we learn t h a t the prosecution was
an eisangelia, the favourite action of Lycurgus. Kiessling, 50 suggested that it
was an ασεβείας εισαγγελία8; Meier 9 added t h a t this impiety was connected with
the theoria 1 0 and the sacrifice a t Delos 11 . Meier was led to this belief by Dionysius of Halicarnassus who mentioned the speech of Menesaechmus (see above)
entitled περί της Δήλου άυσίας. This proposition is somewhat strengthened by
the corresponding material preserved from Hyperides' Αηλιαχός, especially
fr. 75. Besides it seems to me t h a t the significance assigned to the case shows
t h a t political importance, was attached t o the prosecution by the speaker,
particularly since the regular procedure would have been merely a γραφή
ασεβείας.
On the nature of the case it is further suggested that Menesaechmus was a
member of the annual theoria sent from Athens to Delos in the month of
Thargelion to represent the Athenian people in the festivities which took place
on the island 11 . He may have been the άρχιΰέωρος13 who headed the θεωρούς
and led the ή&έσνς to Delos to participate in the festival. There is not evidence
at all to corroborate this speculation. A ritual fault in some religious ceremony
might perhaps provide grounds for accusing somebody of the sin of ασέβεια as
one might deduce from Pseudo-Aristot. 1251a 31 : ασέβεια μεν ή περί τους ϋεσύς
I
Pseudo-Plut. 842sq.; cf. Α. SCHIFEE, Demosthenes 3, 303. 3.
' Cf. A . SCHIFER, D e m o s t h e n e s 3, 349. 3.
" Pseudo-Flat. 846c; cf. A. SCHiFBB, Demosthenes 3, 327.
* D i o n . Halle. D i n a r c h . 11. ββΟ; SAUPPE, 270, 343; F . BLASS, A t t i s c h e B e r e d s a m k e i t 3/2, 105; A. SCHÂFKB,
Demosthenes 3, 302, 303. 1. I n t h e S o u d a , s . πραγματεία:
. . . Δείναρχος ¿V τφ Κατά Με*ιααίχμαν "al yàç fatò τώρ
κοινών ëx&eat xai ηραγμαχδϊαί aijíai των lòlw όιαφο&όν χα&εστήΜασι" t h e t e x t seems c o r r u p t . I t h a s been suggested
that either Λνχσνργος instead of Dinarchus should be read (even though the sense would be contrary to that in
contra Leocr. 6) or ύπές instead of κατά-, see F. BLASS, Attische Beredsamkeit 3/2, 30β note 1 ; F. JACOBY, FOrHist
401c.
' Cf. J. TOÏPFFER, Hermes 23, 1888, 322 note 2; W. CRÖNEBT, Griechische literarische Papyri aus Strassburg,
Freiburg/Berlin (Gött. Nachr. 1922), 45; A. KÖRTE, Archiv für Papyrusforschung 7, 1924, 225.
' See P. ROUSSEL, Délos Colonie Athénienne, Paris 1916, 208 ; J. COUPBY, Bulletin de correspondance hellénique
78,1954, 289.
' From the accounts of the Amphictyons at Delos we learn that such a case was brought before the law-court
"Stoa-Poecile" (IG II' 1041. 38'39) and another before the "Parabyston" (IG II* 1β4β. 12).
* R e j e c t e d b y H . HAQEE, loc. cit. 66.
* I n : KIKSSMNG, C X X X I .
"II So also before h i m BOECKH, MEIEB, loc. cit. a n d SAUPPE, 270!
11
For the Athenian theoria sent to Delos see E. PFUHL, loc. cit. 106sq.
SAUPPE, 270.
" IG II* 1635 A 34; J. COUPRY, loc. cit. 285sqq., especially 287.
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142
NICHOLAS O. COKOMIS
πλημμέλεια κτέ1 ; it would, however, be an arguable point whether a "ritual
fault" could be included in the category denoted by the periphrasis ή περί τους
ΰεονς πλημμέλεια.
Where the speech was delivered is also unknown. I t may have been pronounced
either before the Assembly 2 which Sauppe does not accept, or before a law
court. Since both the office held by Menesaechmus and the nature of his
offence are unknown, it would be very difficult to make any plausible suggestion.
The verdict, to judge from Pseudo-Plut. 843d ( = Testim. 1), was against
Menesaechmus. The d a t e of the trial also remains unknown but it is generally
believed t h a t it took place after Chaeronea, but before 330 anyhow 3 . This is
very probable as Menesaechmus began to be prominent only from t h a t time
onwards and his floruit falls in the twenties. Finally it is noteworthy t h a t , as
has already been noticed by Sauppe, loc. cit., apart from ft. 1 all the quotations
come from the same p a r t of the speech.
1. Strictly speaking this is the only fragment of Lycurgus which probably
has been directly preserved. Its assignment seems fairly safe for the reasons
given by A. Körte 4 . I t s significance is augmented by its content, for probably
it refers directly to the subject-matter of the speech. So the words άσέβημα
γίγνεται which involve some act of impiety corroborate the belief t h a t the speech
was an impeachment for t h a t offence. At this point of the speech the question
involved is as it seems one of ritual procedure in connection with some sacrifice.
The two people mentioned are otherwise unknown but the term κηρνκεύσαντος
seems to indicate t h a t Theogenes was serving under Diodorus 5 , who was the
priest ( ?) of the Delian Apollo, and thus they seem to have been connected with
the rites a t Delos®. The Athenian family of Kerykes was connected with the
Delia as it was f r o m this family t h a t the "messengers" were taken, cf. Athen.
234 e : εν δε τοις κνρβεσι τοις τιερί των Δ ηλιαστών οϋτως γέγραπται (f) και τώ κήρνκε
εκ του γένους των Κηρύκων κτέ.7
After ΰέντος perhaps ίκετηρίαν followed. To the expression : άναγνώσεται νμίν
Θεογένονς μαρτνρίαν κτέ. W. C R Ö N E R T , loc. cit. compares contra Leocr. 1 9 : και
δτι ταντ αληΰη λέγω άναγνώσεται νμίν τάς μαρτυρίας απάντων. For the word
κηρνκενων see also idem, ibidem.
2. a) The two citations are considered to constitute one continuous passage
from the speech of Lycurgus. This is not certain 8 ; the mention of είρεσιώνην
όνομάααντας in the first and the νϋν είρεσιώνην in the other as well as the overlapping in άνατι&έναι τω 'Απόλλωνι εμπροσ&εν των ϋνρών and κατά την Ιδίαν
1
See J. Η. LIPSIDS, Das attische Recht, 359.
' So BOECKH, cf. SAUPPE, loc. cit.
' See V. VON SCHOEFFER, R E 4, 1901, 2481; F. JACOBV, FGrHist 3b, 213 and 4 b (Suppl.), 175.
* Archiv far Fapyrusforschung β, 1923, 225.
1
Cf. Demosth. 59, 78: βούλομαι ö* ύμΐν xai τάν Ιεροχήρνχα χαλέοαι. δς ύπηρετεϊ τη τον βασιλέως γνναιχΐ, δταν
ίξορχο'ι τάς γε^αράς χτί (this passage of Demosthenes is similar to that of Lycurgus in other respects as well) ;
Agora Inv. I 3244, 47—50: άρχονται όέ χληρον ¿μ μέρει παρ' έχατέριαν (Heptaphyletae and Sunians) δστις καταστήσει
τός ώσχοφύρος xal τάς όειτινοφόρος μετά της Ιερείας χαΐ το χήρνχος κατά τα πάτρια.
4
For the office of the χηρυζ in Délos see TH. HOMOLLE, Bulletin de correspondance hellénique 14, 1890, 484 ;
J. OEHLER, RE 11, 1921, 349-357.
' J. TOEPFPER, Attische Genealogie, 91.
• J. Ο. BURTT, loc. cit. 2, 142 unites the two citations in one passage preserved, according to his text, in the
Lexicon Patmium. This is not true.
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143
9voav delvat την ίκετηοίαν τώ 'Απόλλωνι within the space of a line rather shows
t h a t the two citations were separated by a gap filled by a short passage of a t
least a few lines. Further I should think on the evidence of the words of the
first citation — which seems reasonably safe — είρεσιωνην όνομάσαντας that perhaps the words τψ νϋν είρεσιωνην is an addition by the excerpter of the second
citation for it is not probable that in the one excerpt Lycurgus would refer to
eiresione with the words είρεσιωνην όνομάσαντας (no doubt sc. τους προγόνους)
whereas a few lines below he would refer to the same eiresione as την t w είρεσιωνην which formula usually suggests that a thing now known under a certain
term was previously known by some other name which had fallen out of use.
There is a number of references in classical, but especially in post-classical,
literature and in the lexicographers 1 to the ceremonious character of the
religious custom of eiresione practised twice a year, autumn and spring 2 .
Among these passages that of Lycurgus is the oldest preserved and probably
as a whole it became the source of much information in the lexicographers.
The inauguration of the eiresione, judging from fr. 2 b, was connected by
Lycurgus with a blight about which the oracle (apparently of Apollo) was
consulted. His words in fr. 2 a, however, αρχάς ποιησαμενονς . . . δτι την άφορίαν
ημών . . . would suggest that he combined in his narrative the older tradition
of an independent offering of the first-fruits (άπαρχαί) with the thankgivings
connected with the ending of the blight 3 . In some sources the custom was
associated with Theseus and the story of Minotaur 4 . The first author to connect
the eiresione with Theseus was probably Philochorus 8 .
b) This quotation forms part of a later entry about eiresione but perhaps
it borrows the explanation about the inauguration of the custom from the
orator.
3. The way the quotation refers to this festival, which was in honour of
Apollo, may indicate that Lycurgus had to draw the attention 6f the dicasts to
the very name of the rite. This line may be explained on the above mentioned
assumption t h a t Menesaechmus had violated some point of ritual. Further
Lycurgus seems to have taken πνανα with a broader meaning to denote all
kinds of fruits or products. This was an older connotation of the term as is
indicated by Alemán fr. 50. 1 πυάνιαν πολτόν. If Sosibius is right in taking
πυάνιον as meaning πανσπερμία (cf. Hesych. s. πνάνιον, Theogn. Can. 23) he
provides indication of the meaning of : πνανα = πάντα τά από της γης εδώδιμα
1
See Ο. KERN, R E 5, 1905, 2 1 3 5 - 2 1 3 6 ; Α. TRESP, loc. cit. 61sq.; L. DRUBNEK, loc. cit. 1 9 9 - 2 0 0 .
* The eiresione was carried in other festivals as well; c f . E. PFUHL, D e pompi» sacris, 16; U . NILSSON, Opuscula
selecta 1 . 1 8 5 . — In modern Greece the H a y Day wreath hung on the door for the whole year and known as μάηςί*
the remnant of the eiresione. f o r modern Greek rites see the references in H . NILSSON, loc. cit. 1 , 1 1 4 note 1;
G. MEOAS, Greek calendar customs, Athens 1968, 116sq.
» The older tradition perhaps knew only the offering of the άπαβχαί; et. Isocr. paneg. 31 a n d the ηροικ<Ισια
at Eleusis Eurip. Suppl. 28/29. On the origin of AiuiQxai see TH. HOMOLLE, Bulletin de correspondance hellénique
14, 1890, 420—421; F . JACOBY, FGrHist on 362 F 1 thinks that the one mentioned is that which followed the
abduction of Persephone.
* See e. g. Erates fr. 1 ; FGrHist 362, but see JACOBY'S note ad loc.
' See besides F. JACOBY, loc. cit. A. TRESP, loc. cit. 62. On the eiresione in general see also S. REINACH, in :
CH. D AREMBERG and E . SAOLIO, Dictionnaire des antiquités grecques et romaines, s. v. ; L. R . F ARN ELL, loc. cit. 4,
2 6 8 - 2 6 9 and passim; M. NILSSON, Opuscula selecta 1, 123-125. — The word itself is o f t e n connected with the
verb elgat but its etymology is obscure, see J . E . SCHÖNBERGER, Glotta 2 9 , 1 9 4 2 , 85 sq. ; H . FRISK, Griechisches
etymologisches Wörterbuch, s. v.
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144
NICHOLAS E.
CONOMIS
όσ7ΐριώδη, cf. Phot. s. Πυανοψιών, hence the connection of the Πνανόψια with
Πανόψια in later sources, mainly lexicographical 1 . Lycurgus' etymological explanation may be an improvisation on his part 2 . However, the form Πνανόψια
(and for the month Πνανοψκάν3) is with a single later exception the only one
given in the Attic inscriptions 4 , while the form Πανόψια is perhaps supplying
an aetiological explanation of the offering. Blass's (?) reading: σ η πάντες είδον
τους καρπούς instead of the manuscript reading πάντας is puzzling: πανότττης
= "all-seeing'' and πάνοπτος = "seen of all" would both have as noun πανόψια
but there is little in the sentence which commends πάντες. A misprint (?) for
otherwise Blass would have recorded the change and though Durrbach and
Burtt followed suit they are as it seems unaware of the reading of the consensus of the manuscripts. Finally by t h e expression οί δ' άλλοι "Ελληνες t h e
non-Ioniane should perhaps be understood as the forms Πνανόψια and Κυανόψια
comprised — as far as our evidence seems to go — the whole (?) Ionian world.
The festival itself belonged to t h e general class of agrarian festivals known
as πανσπερμίαs and was celebrated on the 7th of the month Pyanepsion 6 . The
assertion made in some later texts t h a t πύανος and κναμος are one and the same
thing (cf. e. g. Pollux 6,61; Hesych.s. πύανοι; Eustath.948. 28, etc.) now seems
doubtful 7 . For the actual connection of the eiresione with the Pyanopsia see
Pfuhl, loc. cit., and Deubner, loc. cit. 199f.
4. I t is not easy to explain why Lycurgus (?) says (to t h e dicasts?) t h a t
he (?) owes them (?) great honours and t h a t he deems them lucky 8 because,
according to the advice of the oracle (?), they were to offer the proerosia to
Zeus on behalf of all the Greeks. I t would be tempting t o imagine t h a t some
deity is speaking to the Athenians through one of his ministers but I was
unable to find any parallel where t h e God would address his worshippers in
similar terms. No satisfactory explanation can be reached a t from t h e text as
it stands. Τον Λία is hard and the dative seems necessary (τω Διίΐ) but it must
be corrupt beyond curing 9 . Though the Proerosia strictly speaking was related
only to Eleusis, it was mentioned also by Hyperides in his Delian speech (fr. 75).
Possibly, as Sauppe suggests, the speaker refers to t h e same oracle as in fr. 5 ;
cf. Souda s. είρεσιώνη· ol μεν γάρ φασιν, ώς λοιμού πάσαν την γην κατασχόντος ό
ϋ·εός είπε προηρόσια xf¡ Δηοϊνπερ πάντων ϋνσαι ϋνσίαν 'Α&ηναίονς10. Accordingly
the sense of the passage would approximate t h a t which Sauppe, loc. cit. sug1
Cf. Plut. Thee. 22; H. ERBSE, Attizistische Lexika, F e 17; Phot. ¡¡.Πνανόψια.
* S e e F . JACOBY o n F G r H i s t 3 β 5 F 2 .
" Πνατεψιώτ is given only by writers and does not occur in inscriptions.
* K . MEISTERHANS, Grammatik der griechischen Inschriften, 3rd ed. Berlin 1900, 23.10. With the exception
of IO II* 2239. 82 (3rd century A. D.) Ποκαεφιώτ (a result of confusion of ν and α», in the Graeco-Roman times ?).
Elsewhere (Ceos, Cyzicus) the form Κνανοψιών occurs and ΚνσΡβψίών IG Rom. 4.157. — The form Πνανόψια was
influenced by Sipor, ΙΙνανέφια by fyai, cf. A. N. JANNARIS, Classical Revue 15, 1901, 171.
* See M. NILSSON, Opuscula selecta 1, 127sqq.
< S e e E . PFUHL, l o c . c i t . 47 a n d t h e r e f e r e n c e s of A . TRESP, l o c . c i t . 9 8 s q q . ; L . DEUBNER. l o c . c i t . 1 9 8 s q .
' P. CHANTRAINE, La formation des noms en grec ancien, Paris 1933, 199; E. SCHWYZER, Griechische Grammatik 1, 302».
' The meaning of ζηλω is undoubtedly t h a t of μαχαρίζω; c f . Harpocr. s. ζηλοτνποβρ. There is a suggestion to
read ζητώ for ζηλώ; C. MÜLLER, Oratores Attici 2, 369.
* Cf. previous editors e. g. SAI PPE, 271 ; F. BLASS, Lycuigi oratio, 77.
' · The place cf the offering is variously mentioned. Usually it is said to be Athens or Eleusis but curiously
some sources give Elis (Phot. s. π^οηροσία; I. BEKKER, Anecdota Graeca, 294. 7).
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145
gested1. Though we cannot have anything like the original text it seems that
a slight alteration, namely the reading τω Δd instead of τον Δία would render
the text as it stands readable2. The speaker may have attacked Menesaechmus
on the ground that he had failed to observe a certain ritual in sacrificing to
Apollo. At this point he probably brings in an argument by hinting at the
enviable position of the Athenians, who should according to the oracle make
the offering on behalf of all the Greeks, but through the behaviour of the
accused they run the risk of incurring against themselves the wrath of the God 3.
The emendation προηρόσια (sc.ΰνματα or ίερά) suggested by Bekker4 and
Sauppe gained some ground, but since inscriptional as well as lexicographic
evidence shows that the form 7τροηροσία (sc. èvaία) was in use, it should be kept,
cf. IG II 2 1177. 9: πληροσίαι, 1183. 33: πληροσίαν; see Meisterhans5, Par. Marni.
( Jacoby) 12,19 and elsewhere, though it does not agree with the entry andDindorf edited πρσηροσία in Harpocration since it occurs in some of the manuscripts.
The lexicon of Hesychius adds the information that the same sacrifice is called
προαρκτούρια by Δήμος which was taken to refer to Κλείδημος, though perhaps
it might be Δήμων, another Atthidographer, in view of the fact that Demon
wrote a book on the Sacrifices (see Harpocr. s.προχώνια*). Deubner7 defends
the text και ó δήμος . . . The derivation of the form πληροσία as explained from
πρ(ο)ηροσία by Solmsen8 seems to me convincing9. By a false etymological
analogy the form πληροσία might suggest the ripening of the fruits.
For the festival itself which was mainly of an agrarian character (schol.
Aristid. 3,55 ed. W. Dindorf: {hxtia ήν επί τη πρώτη άρόσει της γης γενομένη ην
Ά&ηναϊοι ëihaav, δτε παρά Δήμητρος τον σϊτον ελαβον) and was held on the 5th
of Pyanepsion10.
5. As regards the text though in fr. 5 b the mention of Abaris is not explicitly
attributed to Lycurgus yet I believe that Lobeck is right in inserting the reference to the speech Against Menesaechmus of Lycurgus11. In 5a I cannot see
from the text what το βέλος τον 'Απόλλωνος is, though apparently it was well
known in antiquity; cf. e. g. Herodt. 4,36: τον όΐστόν περιέφερε (sc. ó "Αβαρις)
κατά πάσαν γην, Porphyr, vit. Pythag. 29: . . . αί&ροβάτης δε το (sc. έτξώνυμον)
1 See also C. MVLLEK, Oratores Attici 2, 369.
• Tg άηοί has been suggested but perhaps the change is unnecessary, (or the Proerosia though usually offered
to Demeter it was sometimes also offered to Zeus, cf. I O II* 1183. 33. For another restoration seç M KI ER, in:
KIESSLINQ, C X X I I s q . — After μαπευομίτης,
ύμϊρ should be supplied?
» Otherwise F . JACOBY on 323 F 23 : he thinks, and perhaps he is right, that the speaker related in detail how
the Proerosia was enlarged into a festival for the whole of Greece and that Abaris and eiresione are involved in
its several versions. The fact that Hyperides (fr. 75) mentions the sacrifice may be in favour of this view.
• Anecdota Graeca, 192. 28 and 1094.
5 Loc. cit. 82 and note 699.
• E. SCHWARTZ, R E 5 , 1 9 0 5 , 1 4 2 - 1 4 3 ; A . TRESP, loc. cit. 27.60.
' Loc. cit. 69 note 1.
> Rheinisches Museum 53, 1898, 153.
• Cf.also Β . KEIL, Anonymus Argentinensis, Strassburg 1902,221. 3; J.PROTTandL. ZIEHEN, Leges Graecorum
sacrae 2/1, 29sq„ 101; R E 21, 1951, 234; M. NILSSON, Eranos 11, 1944, 72 note 1; M. LEJEUNE, Traité de phonétique grecque, Paris 1947, 295 note 2 is undecided between the elimination of o before and the crasis of οη into ij
suggested in R. KÜHSEE and F . BLASS, Ausführliche Grammatik der griechischen Sprache 1, 2nd ed. Hannover/
Leipzig 1890, 222 h. To DEDBNER the identification of the two forms seems "höchst zweifelhafte" (P. 68).
11 See E. CAHEN, in: CH.'DAKEHBBRG and E. SAOLIO, Dictionnaire des antiquités grecques et romaines, s. v.;
L . PRELLER and C. ROBERT, Griechische Mythologie 1, 773 note 3; A . MOMMSEN, Feste der Stadt Athen, 192—196;
L . R . FAKNELL, loc. cit. 3, 42—46; F . JACOBY on FGrHist 239 A 12; L . DEUBNER, loc. cit. 68-69; M . NILSSON,
Eranos 11, 1944, 70-76, especially 72; L . ZIEHEN, R E 21,1951,171sqq.
11 Cf. also W . DINDORF in his edition of Harpocr. ad. loc.
10
KLIO
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146
N I C H O L A S E . CONOMIS
Άβάριόος, δτι άρα ό'άττώ τον εν ' Υπερβορεοις 'Απόλλωνος δωρη&έντι αντώ εποχούμενος ποταμούς τε και πελάγη και τα άβατα διεβαινεν άεροβατών τρόπον τινά and the
Souda 8. "Αβαρις . . . τούτον (sc. Άβάρώος) ό μν&ολογονμενος δϊστός, του πετομενου
από της 'Ελλάδος μέχρι των Ύπερβορέων Σκυ&ων. Further enlightment on the
point, on the story of the Hyperboreans, of Abaris and of their connection with
Apollo will have to be sought from t h e history of Greek religion aided by Social
Anthropology 1 . I n 5 b the words: λοιμοϋ . . . κατά πάσαν την οίκονμένην γεγονότος
άνεϊλεν ό 'Απόλλων μαντευομένοις "Ελλησί τε και βαρβάροις τον Ά&ηναίων δημον
νπέρ πάντα/ν ενχάς ποιήσασ&αι seem to refer to fr. 4 ; see above p. 144 and
especially Hesych. s. είρεσιώνη, schol. Aristoph. equ. 725. That this traditional
cult of the offering of first-fruits was reorganized from time to time see especially
IG· I 2 76 ( = Tod, Greek historical inscriptions 1, no. 74) and Parke-Wormell 2 .
That it was still practised in Hadrian's time is attested by Aristides 3 .
Neither quotation seems to have preserved the actual words of Lycurgus and
only a summary of the story as given by him is reproduced 4 . Moreover there
is some difference in the narrative between t h e two versions. I n the first passage
it is said t h a t the plague took place among the Hyperboreans ; in the second
— and this is in accordance with other sources, for instance, Iambi, de vita
Pythag. c. 28 — is said t h a t it was spread all over the world. Other discrepancies
are also evident in the two passages. For instance, it is strange to hear t h a t
when a plague was raging among the Hyperboreans 5 , Abaris went into Apollo's
service instead of consulting him, and t h a t when he had acquired the oracular
art he toured Greece using his oracles instead of returning to his own country.
Turning aside from smaller discrepancies I should on the whole think t h a t the
speaker is more likely to have referred to the version of the story as given
in 5 b.
I t is highly improbable t h a t he touched upon the τΗιοΙβ story of the Hyperboreans in general and t h a t of Abaris in particular. The view t h a t he was
relating the action of some Athenian, or perhaps better Delian, rite especially
connected with Athenian piety, seems to me more plausible. In a fragment
of Aristotle from his treatise περί των Πυ&αγορείων 6 Abaris 7 is likewise connected
with the establishment of the sacrifice τά κωλντήρια a t Sparta. He is mentioned
expressly as being an Hyperborean because he belonged to a people constantly
associated in our sources with Apollo and Delos and because Abaris himself was
devoted to Apollo 8 .
1
See K. MEULI, 'Scythic', in: Hermes 70, 1935, 121-176, especially 153sqq.; E. DODDS, The Greeks and the
irrational, 140sqq.
* The Delphic Oracle 2, 72.
' Eleus. p . 417; Panath. p . 176 (ed. W . DIKDORF).
' Cf. also F . BLASS, loc. cit.
• Cf. Ο. SCHROEDER, Archiv f a r Religionswissenschaft 7, K 0 4 , 75 note 4.
• Ross, fr. 1 = Iambi, de vita Pythag. 28.140. 3.
' About Abaris see: S . BETHE, R E 1, 1804, 1 6 - 1 7 ; P . CORSSEN, Rheinisches Museum 67, 1912, 46-47, also
A. REHM, ibidem 418-419; Κ . MEÜLI, Hermes 70,1935, 153sqq.; M.NLISSON, Geschichte der griechischen Religion
1, 583.
* About the Hyperboreans there is a large number of articles: O.CRUSICS, in: W.H.ROSCHER, Ausführliches
Lexikon der griechischen und römischen Mythologie 1, Leipzig 1886—1890, 2809—2820 treats the quotations from
Lycurgus' speech as representing the Attic tradition about the Hyperboreans. .The same tradition is given by
Pausan. 1, 31. 2, probably after Phanodemus. F. JACOBY (FGrHist I l l b Suppl. 1. 175) suggests that Phanodemus
must have furnished material to Lycurgus as well. This is probable in view of the complicate material he had
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Notes on the Fragments of Lvcurgus
6. Άρκνωρός ( = "watcher of nets'') 1 is known only from Cratin. fr. 79 and
Xenoph. Κννηγετ. 6,5. Its equavalent is λινόπτης2. There is also a verb άοκνωρέω, see Liddell-Scott, s. v.
The way in which the speaker used this term cannot be defined but it is
noteworthy that fr. 10 refers to fishermen.
7. This kind of άεωροί who were sent by the Athenians to Delos were, like
all the theoroi, selected from among the most prominent families of Athens 3 .
The special clans participating are not named in our sources, which are very
fragmentary, see Jacoby, loc. cit. A partial description of the Delian theoria
sent by the Athenians which set out from Prasiae 4 is given by Plutarch in the
Life of Nicias, chapt. 3. He relates, how Nicias conducted it in great pomp when
he was its leader (δτε την ϋεωρίαν ήγεν), inaugurating the quinquennial festival
(426 B. C.).
In the bare mention of the Δ ηλιασταί there is no indication of the way in
which the orator referred to them. As they constituted part of every theoria to
Delos there is nothing extraordinary in their being mentioned.
8. The island of Hecate 5 was a small island situated between Rheneia — where
the members of the theoria assembled on the eve of their landing on Delos on
the morning of the festival itself 8 — and Delos and which served as a connecting
bridge between the two. Whether the cult of Hecate (with which that of Iris 7
was associated) carried out on this island was especially connected with the
Delian penteteris or the Athenian theoria is not known. The aetion for the
island's second name Psammatiche, as given by the antiquarian author Semos
is again connected with a regional cult 8 .
t o t r e a t , c f . P h i l o s t r . v î t . s o p h . I S p . 5 1 0 : ¿πί 6è τούς Ληλιαχούς
μύόους,
¿p οίς ιολογία
τε χ a i Αρχαιολογία,
φαύ-
λως οΰτως ωρμησε (sc. Aeschines). The origin of the myth about the Hyperboreans has been sought in Crete, see
Studies, presented to D . U . Robinson 2, St.Louis 1953, 759 and note 5. Among recent discussions see F. JACOBY
on Hecataeus of Abdera FGrHist 264 F 7—14; J.TRBHBCX, in: Studies, presented to D.U. Robinson, 758—774;
D. L. PAGE, Sappho and Aicaeus, Oxford 1955,251 note 1 : "The legend" (of the Hyperboreans) "commemorates
an aspect of the conquest of Hellas by the god of northern invaders; The 'Hyperboreans' are the earlier settlement of an Apollo who spread with his worshippers southward over the Greek mainland." — For summaries on
the name see: R. JEBB, Bacchylides, Cambridge 1905, 460; RE 9, 1916, 259—261; A. J.VAN WINDBKBNS, Rheinisches Museum 100, 1957, 164—169 connects the name with νπερφέρω and means "ceux qui portent, qui condulssent (les hommes, les âmes) à l'au-dela."
1
For the breathing see Eustath. 1535.18 âçx-, accepted by SAUPPE and BLASS; In: I.BEKKEK, Anecdota
Graeca 445. 22 is wrongly accented.
* For speculations on the derivation of the word: H. GRIMME, Glotta 13/14, 1925, 17; H. FRISK, Griechisches
etymologisches Wörterbuch, s. v.
• For the form ΔηλιασταΙαί.Πν&αΐσταίof which a form Πν&ιαστής existí (Hesych.a. Αστραπή δί Άρματος). Both
terms would signify "participants in the cult or in the procession", cf. J . TOEPFFBR, Hermes 23,1888, 321 sqq. =
Beiträge, 118sqq.; F. JACOBY on Philoch. (FGrHist 328 F 75 note 2 and 4.)
* Pausan. 1, 31. 2; cf. H. G. LOLLING, Athenische Uitteilungen 4, 1879, 354sqq.; J . TOEPFFER, Heimes 28,
1893, 6 2 1 sq.
* Hecate is another name of Artemis: E. KALINKA, Neue'Jahrbücher fflr das klassische Altertum 45, 1920,
'12; J . HECKENBACH. RE 7, 1912, 2770sqq:; S. SOLDERS, loc. cit. 31. — On the island itself — today named
Μεγάλος
Ριματιάρις
- L . BÜRCHNER, R E 7, 1 9 1 2 , 2 7 8 4 .
' Cf. Plut. Nie. 3; TH. HOMOLLE, in: CH. DAREMBERO and E. SAGLIO, Dictionnaire des antiquités grecques et
r o m a i n e s 3, 5 7 6 ; J . TREHEÜX. l o c . c i t . 7 6 9 .
' The association of Iris with Hecate is obscure : RE 7, 1912, 2780. It is based on theschol. onTheocr. 2,11/12:
"Ηραν
μιχΟεϊσαν
ΔιΙ γέννησα ι naç&évov,
δνομα όέ αύτη 6έσΦαι äyyeXov. Άγγελος
in t u m is said b y H e s y c h . t o b e a n
invocation of Artemis-Hecate: H. J . ROSE, Classical Quarterly 26, 1932, 58—59. The suggestion of MEINEKE on
Athen. 645b (vol. 4, 314) to read Isis instead of Iris is tempting in view of the well-established cult of Isis at Delos
during the helienistic times. F. JACOBY (FGrHist 396 F 5 note 24 and 25) and before him U. WILAMOWITZ, Glaube
der Hellenen 1, 264 note 2, is sceptical about Semos' text but not on Ίριδι ; perhaps because the evidence for
Isis' cult comes from the period after 314.
• C f . a l s o A t h e n . 6 4 5 b ' ( = F G r H i s t 3 9 6 F 5 ) : Σήμοζ έν β Αηλιάδος "έν τη της 'Εκάτης (φησίν) νήσφ τη "Ιριδι &νονσι
.1 ήλιοι τούς βααννΐας καλουμένους Aëauv ài έφδόν nÙQtvov, σταϊς σύν μέλι τι) xal τά καλούμενα χόκχωρα, ίσχάς xal κάρυα
τρία." S e e a l s o Ε . KIRSTEN, R E 2 3 , 1959, 1 3 0 4 .
10*
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NICHOLAS O. CONOMIS
9. The identification of this person with Cephisodorus mentioned by the comic
poet Ti modes 1 is by no means certain, cf. Prosopographia Attica, 8344: "Nicht
zu identifizieren; aber unmöglich ist der bekannte Isokrateer 2 nicht", Jacoby,
F G r H i s t 401c 8.
The reading of D όνώδης adopted by Th. Bergk 3 is not tenable 4 .
10. There is no clue of how the speaker came to mention προκώνια except t h a t
obviously it is in connection with certain rites. Προκώνια, originally an adjective 5 , means a kind of groats (δλφιτα) made of fresh or unroasted barley
(έξ άφρυκτων κριϋών)6. The words of Demon suggest that the προκώνια were
prepared very much like the modern Greek κόλλυβα7.
The etymology of τιροκώνια seems uncertain ; the form πνροκώνια was as it
seems formed through false etymology by connecting it to πυροί, cf. πνροί
προκωνίαι Hippocr. nat. muí. 58. Perhaps the word derives from κώνος in the
meaning "seed" of a plant and like προτρύγαια, προηρόσια, etc. the term meant
originally "offering for the seeds (of plants)". The form πρόκωνα (Pollux 6,77,
Hesych. s. v.) puzzles me; an aeolism? cf. πρόπο#>α.
11. This fragment was omitted by Blass in his edition of Lycurgus and no
reason was given for the omission. Only Lycurgus, as far as we know, makes use
of σπογγοκολυμβητής instead of σπογγο&ήρας. Another example of "professional
jargon"? I t is explained in Bekker 8 : σπογγοκολυμβηταί' οι τα σπαγγία από της
θαλάσσης αναφερόντες.
There were fishing areas around Délos (between Délos and Rheneia purple
shellfish was caught 9 ), but the speaker does not seem likely to refer to this fact.
On the other hand though there is no evidence available for sponge-fishing in
the classical authors the term Δήλως κολυμβητής would seem to suggest that
it was practised by the Delians. Here σπογγοκολυμβηταί, as άρκυωρός in fr. β,
seem to refer to persons and one perhaps would think t h a t both terms may
have occurred in some enumeration of professional people.
XIV. 'Απαράσημα
Lycurgus' απαράσημα come from authors who never arrived a t particular
speeches themselves but quoted from what they found mentioned in their
sources. The fragments preserved in Latin are believed to be genuine but there
is no indication as to the accuracy of Rutilius Lupus' translation of the Greek
1
KIESSLING, β ΐ ; W . DINDORF, H a r p o c r . a d loc.
• F . BLASS, A t t i s c h e B e r e d s a m k e i t 2 , 5 1 s q . ; B . GERTH, R E 11, 1921, 227 η . β.
• Zeitschrift für die Altertumswissenschaft 4, 1837, 50; also by KIESSLING, 61.
' A. MKINEKK, Fragmenta comiconim Graecorum 3, Berlin 1840, 603.
' Cf. προκώνια ΆΧψιτα Hippocr. n a t . mul. 2.110 and άλφιτα ιιροχώτια Erotian. voc. Hippocr. coll. 27. 8 (ed.
E . NACHMANSON).
• Cf. the passage quoted by A. TRESP, loc. cit. 49sq. and those mentioned by F. JACOBT in connection with
F G r H i s t 327 F 3.
' Cf. schol. Aristoph. plut. 768; Hesych. s. χόλλνβα. See further M. NILSSON, Geschichte der griechischen
R e l i g i o n 1, 300-301.
• Anecdota Graeca, 301. 27.
• Cf. I G II* 1636 A 5, 1638. 14; R E 4, 1901, 2464; Bulletin de correspondance hellénique 61, 1937, 366; W. Α.
LAIDLAW, A history of Délos, Oxford 1933, 66.
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Notes oil the Fragments of Lycurgus
149
t e x t 1 . Usually it is believed t h a t he was not an accurate translator, v. Ruhnken
quoted in R E 7, 1912, 1609 and above p. 74. As for the quotations preserved by
Stobaeus one does not feel sure t h a t the gnomologus did not alter the text, as
is often the case with other texts which happened to be extant.
1. This quotation contains a practical generalization and its epigrammatic
tone is further strengthened by the contrast between the parts of the whole;
cf. first the arrangement :
φύσεως άγαϋοϊς\/επί
τά χείρω χρώνται
πολέμια/\
τά ευτυχήματα εστίν
which forms a kind of chiasmus. The second unity is arranged skilfully so t h a t
the contrasted notions are clearly underlined. I t comes under the αντικείμενη
λέξις of t h e periodic style, Aristot. rhet. 1409 b 34. The lacuna before συμβονλενειν has not been satisfactorily filled: Scheibe's emendation of συμβσυλενειν into συμβάλλειν in order to avoid the lacuna is certainly wrong; the
supplement <τά καλά> communicated to me by A. Oeconomides as read on the
covering ( ?) of an old book at one of Mount Athos' libraries seems too simple.
I rather believe t h a t Meier is justified in assuming t h a t a whole line was. left
out by t h e copist and his e. g. supplement illustrates the general form of the
passage.
The sense of the passage would suit the speech Against Lycòphron as Meier 2
and Sauppe, 272 noticed. Kiessling, 117 thought of Demades but I feel —
against Blass, 78: "sed μοιχεύειν tanquam exemplum magie positum est quam
u t ipsum id de quo agatur" — t h a t the expression ή καλός ών μοιχεύειν μάλλον
•ή γαμεϊν is decisive against his view. A kindred idea occurs in Eur.'fr. 634. For
the metaphorical meaning of πολεμώ which was common enough cf. contra
Leocr. 116: φύσει πάσι τοις τοιούτοις εργοις έπολέμουν3 and the meaning of
πολεμώ (— "oppose") in later Greek, whence the mediaeval and modern Greek
use in the meaning "make an effort" 4 etc. For λωποδυτεϊν cf. Boehnecke 8 , ευτύχημα
occurs in contra Leocr. 67. For the expression : οντος τών από της φύσεως άγαύών
ύπαρξάντων προδότης έστίν cf. contra Leocr. 131: και τά της φύσεως οικεία καί
αναγκαία προδέδωκεν.
2. Though it is not certain t h a t the Lycurgus to whom this quotation was
ascribed by Stobaeus is the orator, the fact t h a t the fragment next to it is
taken from Demosthenes makes the attribution highly probable (pace Hense) 6 .
Lycurgus elsewhere contrasts riches with bravery, contra Leocr. 108 ; the use
of μέντοι in strong contrast occurs ibidem 67.
3. For the feeling cf. Xenoph. Cyrop. 1,5. 13; Isocr. 1,23 and especially the
anecdote concerning Pericles mentioned in Plut. mor. 186 c: προς δε φίλον τινά
1
About Rutiiius Lupus see Κ.MÜNSCHER, RE 7, 1912, 1605-1609; A. STEIN ar.d K.WITTE, BE, 1 A 1,1914,
1268 η. 28; Prosopograpbia Imperii Romani 3, Berlin 1898, L 176.
' I N : KIESSLING, C X X I X .
1
4
1
1
Cf. F. BLASS, Attische Beredsamkeit 3/2, 124 note 3.
See Glotta 12, 1923, 56sq.; ibidem 15,1926, 181.
Demosthenes, Lykurgos, Hyperides, 76.
K. G. BOEHNECKE, loc. cit. 80—81 assigns — without evidence — this fragment and the following to the speech
ontra Lycophron.
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N I C H O L A S O . CONOMIS
μαρτυρίας ψευδείς δεόμενον, f¡ προσην και δρκος, εφησε μέχρι τον βωμοϋ φίλος είναι,
cf. ibidem 513c, 808a.
4. Greek popular conception naturally regarded riches a good thing since they
were followed by virtue and fame (cf. Hes.'op. 313 : πλοντω δ' αρετή και κνδος
όπηδεϊ, Ale. Ζ 37. 2: χρήματ άνηρ, πενιχρός δ' ονδ' εις πέλετ εσλος ουδε τίμιος).
This view, however, was criticized by Pindar fr. 157 (B. Snell) and Theognis 230
as well as by later authors and Callimachus' modification is worth quoting 1. 95
(R. Pfeiffer) : οΰτ αρετής ατερ δλβος επίαταται άνδρας άέξειν | ουτ' αρετή άφένοιο. On
the other hand, a fundamental conception in Greek morals too often quoted in
literature was t h a t one should avoid becoming rich by using unfair means 1 .
Lycurgus slightly modified this idea by laying stress on the moral means by
which wealth is acquired. Gregory of Nazianzus 5,2 p. 1681 2 : δεινόν πένεσ&αι,
χείρον ενπορεϊν κακώς stressed the second part of this thought 3 ; cf. also Antiph.
fr. 258 : καλώς τιενεσ&αι κρεϊττον ή πλοιπεϊν κακώς. Sauppe, 272 would attribute
this quotation to the speech on his administration in connection with the rich
Epicrates, see above p. 112.
5. A fine analysis of the psychological condition of a wrong-doer in introspection. Does it refer to Aristogeiton, Lycophron or Demades?
T h a t tranquillity of the spirit is the main factor in one's happiness, cf. Menand.
Epitr. 735 f. The passage of Lycurgus apparently was imitated by Philo of
Alexandria, cf. Kiessling, 119.
6. Sauppe thought t h a t this quotation referred to Demosthenes; Blass
suggested Epicrates.
7. Kiessling, 126 and Sauppe, 273 thought t h a t this quotation refers to
Aristogeiton or to Demades. Blass 72 definitely took it as referring to Demades
and Meier 4 suggested Lycophron. The last candidate should perhaps be eliminated because of the phrase pedes ad, fugarti which does not seem to refer
to him.
8. I t was assigned by Sauppe, 273 to the speech Against Aristogeiton but
the explanation of Kiessling, 126 t h a t it refers to general Lysicles is more likely
and was followed by Blass and other scholars. There is, however, some probability t h a t these words might refer to Demades and I preferred to p u t it in
the άπαράσημα.
9. This is a δείνωσις where the speaker suggests severe punishment for the
accused. A similar fear t h a t the jury may be too lenient is expressed in various
terms in contra Leocr. 27. 43. 54. 78. 111. 121. 134. 150.
10. Lycurgus is on the .whole careful in using compounds. I n the present case,
if he really used διεγγυάν, he may wished to emphasize the reciprocity of the
action through the preposition in composition (— "one with another").
1
Besides references f r o m popular sayings, like t h e a p o t h e g m s of t h e seven wise m e n cf. Sol. f r . 1. 7 ; Theogn.
145—146,197—198,753—756 ; Phocyl. 5 ; Democr. f r . 78 ; H . DIELS u n d W . KRANZ, Die F r a g m e n t e der V o r s o k r a t i k e r
2, 7 t h e d . Berlin Ì954, 160: χρήματα πορ/íetν μέν οιΐ* άςχεϊον, ¿ξ άδικίης âè πάντων xáxtov; cf. ibidem f r . 218, 220;
E u r i p . E l e c t r a 943/944, f r . 354; X e n o p h . Cyrop. 8, 2. 23.
• Cited b y TH. KOCK, F r a g m e n t s of t h e a t t i c comedy, f r . 273 a m o n g the 'Αδέσποτα τής νέας.
s
Cf. also A. NAUCK, B e m e r k u n g e n zu K o c k , i n ; Bulletin de 1 'Academic des Sciences d e St. P e t e r s b o u r g ,
N . S. 2, 1892, 5 2 9 s q q .
4
I n : KIESSLING, C X X X .
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Notes on the Fragments of Lycurgus
As the priestess of Athena officiated at the marriage-ceremony one might
suppose that the reference is to the speech On the priestess, but it might refer
to the speech Against Lycophron as well.
11. Kiessling, 102 and Sauppe, 272 suggested that σεμίδαλις may have been
used in connection with πελανός. The suggestion is plausible as a kind of cakes
or μελιτώματα called άμόραι1 were made of σεμίδαλις and honey.
Σεμίδαλις, the finest wheaten flour as opposed to χόνδρος2, is a loan from some
oriental language, Sanskrit (?) 3 , or Georgian (?) 4 .
12. The meaning of νευρορράφος Would seem to be the stitcher of the strings
on musical instruments such as the lyre or the guitar. But I believe that LiddellScott, s. v. are justified in explaining "one who makes strings for the lyre" as
the passage of Aristoph. equ. 739 perhaps indicates. There the sausage-seller
complains to Demus t h a t though he is well-disposed towards him cannot benefit
him because the Demus gives himself to desperate people :
. . . Σν γαρ
δμοιος εϊ τοις παιαί τοις έρωμένοις·
τους μεν καλούς τε κάγαϋονς ου προσδέχει,
σαντσν δέ λνχνοπώλαιοι και νενρορράφοις
και σκυτστόμοις και βνρσοπώλαισιν δίδως.
From this passage two things seem to emerge :
i) Νενρορρόψος does not mean in this case the cobbler for then it would be
a mere synonym to σκυτοτόμος. Some editors of Aristophanes tried to
distinguish between the two, for example Van Daele 5 translates : " . . . à des
savetier,, à des cordonniers...", thus distinguishing the cobbler from the
shoemaker as it seems. But the juxtaposition of λυχνοπώλαισι, a sousentendu for Hyperbolus, and the βνρσοπώλαισιν, which refers to Cleon,
show t h a t Lysicles is alluded and this is confirmed by the schol. ad loc.
ii) If Lysicles is alluded this would seem to indicate t h a t by νενρορράφοις the
makers of strings are meant and not the cobblers. The scholiast on 1. 765
calls Lysicles a προβατοκάπηλος as it was undoubtedly from the sheep-guts
that the strings were made®.
Cohn 7 suggested t h a t the scholiast of Plato and the lexicographer in Bekker's
Anecdota Graeca borrowed — as in other cases — the entry from a common
source, a lexicon of the orators.
1
Philet. in Athen. 646d; Heeych. s. άμόjo.
' CI. Pollux 1, 247.
' S. FRÂNKEL, Die aramäischen Fremdwörter, Leiden 1886, 38; A. MAIDHOF, Glotta 10,1920,18.
* J . B. HOFKANS, Etymologisches Wörterbuch des Griechischen, s. v. It is perhaps interesting to note that the
word was borrowed from the Greek by Arabic ("samid"), whence the Turkish "simit" from which the modern
G r e e k atulzi
( = xotιλούρι). S e e f f . 'ΛΝΔΡΙΩΤΗΣ,
'Ετυμολογικό
Xetixi
της κοινής
νεοΜητιχής,
ΆΦήνα
1951, 277;
cf. Α. HAIDHOF, loc. cit. ; E . LOKOTSCH, Etymologisches Wörterbuch der europäischen Wörter orientalischen Ursprungs, Heidelberg 1927, n. 1814.
» In Aristophane, text ed. by V. COULON etc., 1, Paris 1958, 112.
* C f . S o u d a , s . χκροβάτης
: . . . ώ ς xaJ χοράάς λέγομεν
ixt Mai m
τάς ¿x των νεύρων, δτι τό παλαιό* έψτέριναι
' Jahrbuch für Philologie, Suppl. 13, 1884, 828sq.
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ήσαν.
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NICHOLAS O. CONOMIS
13. According to available evidence Lycurgus is the first writer who used this
word. Nouns in -ίτης had several meanings, cf. G. Redard 1 , E. Schwyzer 2 and
Lycurgus used in contra Leocr. 51 : στεφανίτας άγώνας3.
After Lycurgus κτηματίτης occurs only in Socr. ep. 29. 5 and its meaning was
later expressed by κτηματικός*, whereas the appropriate term in Modern Greek
is κτηματίας.
14. The term is used also by Demosth. 19,1 to carry the same meaning,
namely that of an advocate; for examples occurring in later Greek with the
meaning "advocate" or "legal assistant" see, besides Liddell-Scott, s. v.,
Sophocles, Greek Lexicon etc., s. v. 5
The word had in later Greek other meanings but that of the advocate was
in use up to the time of Photius, as his words ώς ημείς seem to imply.
1 Lee noms grecs en -της, -τι;, Paris 1949, 20sqq.
* Griechische Grammatik 1, 500*··.
* On the meaning cf. I . IÏKKKER, Anecdota Graeca, 4 4 2 . 1 2 : àeyvQlxm· ol àgyvçiov εύποοονντες, cf. Hesych. s.
dçyvc/της; I G I I s 2496. θ: μεςΐται ( = 'joint-owners'), cf. Hesych. s. μορ/ες; Sophocl. Trach. 3 2 : γήτης i. e. γηίτης
( = husbandman); Hesych. (Etym. Magn.) γαϊτtu' γεω&ιοί, etc.
* Cf. Polyb. 5, 93. β; Diod. Sic. 1 8 , 1 0 : κτηματίχοί " m e n of property", etc.
' Λ reference on the meaning of παράχλητος in H. USENEB'S Kleine Schriften 2, Leipzig 1913, 262 was not
accessible to me.
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