Κατὰ Παγκλέωνος
. [Or. XXIII.] — The speaker had formerly indicted Pancleon, a fuller living at Athens (§ 2), for some offence not specified, and, believing him to be a resident-alien, had summoned him before the Polemarch, who heard cases in which foreigners were concerned. Pancleon thereupon put in a ‘plea to the jurisdiction’, on the ground that he was a Plataean by birth, and, as such, entitled at Athens to the rights of an Athenian citizen: and that, therefore, the action ought not to have been brought before the Polemarch. This plea (παραγραφή) gave rise to a previous trial to decide whether the action, in its original form, could be brought into court (§ 5). In such a case the first speech was usually made by the maintainer of the special plea: here it is evidently made by the opponent. The date is uncertain. — Attic Orators, I. 302.ὀρθῶς τὴν δίκην ἔλαχον ‘brought the action in proper form’. The speaker's object is to show that Pancleon is not an Athenian citizen but a foreigner, and that therefore the Polemarch was the magistrate who had jurisdiction in the δίκη. What the matter of the original δίκη was, does not appear. Here we are concerned solely with the question concerning its form. The issue is that raised by the παραγραφή, or special plea, put in by Pancleon, who relied on exceptio fori, denying that the Polemarch had jurisdiction. Every answer made in writing by a defendant to a plaintiff was ἀντιγραφή. The παραγραφή was a species of ἀντιγραφή — that answer, namely, which consisted in an objection to the form of the procedure. Hence in § 5 we read, ἀντεγράψατο μὴ εἰσαγώγιμον εἶναι τὴν δίκην: which is only another way of saying that his ἀντιγραφή took the particular form of a παραγραφή.
γναφεῖον The Athenian fuller had a thriving trade, as the woollen ἱμάτιον was sent to him to be renovated; this process consisted in scouring, — i.e. rubbing in ‘Cimolian clay’, a sort of white earth, — and carding (κνάπτω), to raise the nap. In Ar. Eccles. 415 and Athen. XIII. p. 582 we have people complaining of the γναφεύς who delays to send back their ἱμάτια by the promised day. Cp. Theophr. Char. XXII, where it is noted as a trait of the ἀνελεύθερος (the man who shows ‘excessive indifference to honour where expense is concerned’), that ‘he will stay in the house when he has sent his cloak to be scoured’ (ἔνδον μένειν ὅταν ἐκδῷ θοἰμάτιον ἐκπλῦναι). προσεκαλεσάμην ‘summoned him before the Polemarch, supposing him to be a resident alien’. Harpocration p. 246 s.v. Πολέμαρχος (quoting Arist.'s Ἀθηναίων πολιτεία) αὐτός τε εἰσάγει δίκας τάς τε ἀποστασίου καὶ ἀπροστασίου (for having deserted a προστάτης, or for having none) καὶ κλήρων καὶ ἐπικλήρων τοῖς μετοίκοις, καὶ τἄλλα ὅσα τοῖς πολίταις ὁ ἄρχων, ταῦτα τοῖς μετοίκοις ὁ πολέμαρχος. Herm. Ant. I. § 138. 10. ὁπόθεν δημοτεύοιτο ‘to what deme he belonged’. Cp. [Dem.] or. LVII. Adv. Eubul. § 49, δημοτευόμενος (=δημότης ὤν) μετ᾽ ἐμοῦ. παραινέσαντος, κ.τ.λ. ‘one of those who were with me’ [one of the κλητῆρες, or officers who assisted at the summons] ‘having recommended that I should also summon him’ [as he had evaded the citation before the Polemarch] ‘before the tribe of which he pretended to be a member’ (the adviser said, σκήπτεται: this becomes σκήπτοιτο after ἠρόμην). Before he could be brought under the jurisdiction of a tribe, it was necessary to ascertain his deme.
πρὸς τοὺς τῇ Ἱππ. δικάζ.] ‘The judges for the Hippothontid tribe’, to which the deme of Deceleia belonged. Judges, appointed annually for each tribe, made the circuit of the demes included in it, deciding causes where not more than ten drachmas were at stake. Pollux VIII. 100, περιιόντες κατὰ δήμους τὰ μέχρι δραχμῶν δέκα ἐδίκαζον, τὰ δὲ ὑπὲρ ταῦτα διαιτηταῖς παρεδίδοσαν: cp. Arist. Polit. IV. 13. § 2. τὸ κουρ. τὸ παρὰ τοὺς Ἑρμ.] ‘the barber's shop by the Hermae’. The northern limit of the Athenian Agora was formed by rows of Hermae (busts of the god, on plain quadrangular posts), which extended from the Ποικίλη στοά, or Portico of Frescoes, on the eastern side of the Agora, to the Βασίλειος στοά, or Portico of the Archon Basileus, on its western side. Among these Hermae, a few were of marble, bearing metrical inscriptions, and erected there by special permission in memory of the capture of Eion on the Strymon from the Persians — though neither Cimon, nor any individual victor, was allowed to be recorded by name. (Curtius, Hist. Gr. II. 564: cp. his explanatory text to the ‘Sieben Karten’ of Athens, p. 52.) τὰς μὲν φεύγοι, κ.τ.λ. ‘on learning that he was actually defending some actions before the Polemarch, and had already been cast in others, I brought mine also’: they said, φεύγει, ὤφληκε: cp. Goodwin § 18. 1.
ἐπίλαβε ‘stop the water-clock’: since the time occupied by the μάρτυρες was not deducted from the time allowed for the speech.
ἐκ τούτων ‘on these grounds’ (the statements about Pancleon just mentioned): not ‘by these persons’, which in Attic prose would be ὑπὸ τούτων. ἀντεγράψατο ‘entered a plea against the jurisdiction of the court’: see note on § 1. πρεσβύτατον ‘the oldest inhabitant of Plataea that I knew’.
εἰς τὸν χλωρὸν τυρόν ‘They said that I should be most likely to obtain precise information (πυθέσθαι ἄν, oblique of πύθοιο ἄν), if I went to the cheese-market on the first day of the month’, — fair-day at Athens: Ar. Vesp. 171, Eq. 43. Cp. Theophr. Char. IV (XIV in my edit., and note there, p. 223). — τὸν χλ. τυρόν, the place where fresh cheese is sold, like οἱ ἰχθῦς, the fish-market, Ar. Vesp. 789, τὰ λάχανα, the green-market, Lysistr. 557, αἱ μυρρίναι, the myrtle-wreath-market, Thesm. 448.
ἀφεστῶτα ‘who had forsaken him’, — the word expressing, not merely the flight of the slave (ἀποδράντα), but the fact that he has set up for himself. — τέχνην, the fuller's trade.
τὸν ὃς ἔφη δεσπότης τούτου εἶναι=τὸν φάντα δεσπότην τ. εἶναι: the relative clause being substituted for the partic. in order to give greater precision and emphasis to the statement of the fact, ἔφη.
ἀγόμενον ‘being carried off’, sc. εἰς δουλείαν by his δεσπότης. τότε μὲν οὖν ‘At that time, then [τότε, in contrast with what happened next day], some of Pancleon's supporters said that he had a brother who would vindicate his liberty. On this understanding they gave bail that they would produce him in the market-place, and departed’. παρέξειν: cp. In Agor. § 23, note on προήσεσθαι, p. 265. For εἰς ἀγοράν, perh. εἰς αὔριον.
τῇ δ᾽ ὑστερ ‘Next day, with a view both to this special plea and to the original action’ [brought before the Polemarch § 3], ‘I thought it right to take witnesses with me to the place, that I might know who it was that proposed to assert Pancleon's freedom, and on what ground he would do so. Now, as to the understanding on which he was bailed, [viz. ὅτι εἴη ἀδελφός, κ.τ.λ., § 9] no brother came, nor any other man’, etc.
εἰς τοῦτο δέ, κ.τ.λ. ‘But the defendant's supporters and the defendant himself carried matters with such a high hand that, though Nicomedes on his part, and the woman on hers, were willing to let Pancleon go if any one would assert his freedom, or else would claim him as a slave, Pancleon's friends did neither one thing nor the other, but carried him off’. ἐπὶ τούτοις the understanding that his brother was to vindicate his freedom, § 9.
μὴ ὅτι Πλ ‘that even in his own eyes Pancleon is not a Plataean, — or rather, not even a free man’: μὴ (λέξωμεν) ὅτι οὐ νομίζει ἑ. Πλ. εἶναι,=οὐχ ὅπως Πλαταιεὺς εἶναι νομίζει, ἀλλ᾽ οὐδ᾽ ἐλεύθερος. ἐνόχους...τοῖς βιαίοις ‘liable to the penalties of forcible seizure’ (δίκη βιαίων). The δικασταὶ κατὰ δήμους (note on § 2) had jurisdiction in cases of αἰκία and τὰ τῶν βιαίων, Dem. Adv. Pantaen. § 33: Herm. Ant. I. § 146. 10. τοῦ σώματος=τῆς ἐπιτιμίας, ‘his status’: which would be changed by a conviction from that of a citizen to that of a slave.
ἐν τῇ ἀντωμοσίᾳ ‘When Pancleon contended (in his affidavit on the occasion of the suit brought against him by Aristodicus here) that the Polemarch had no jurisdiction over him, it was proved by testimony that Pancleon was not a Plataean: and, though he indicted the witness for perjury [ἐπισκηψάμενος, sc. ψευδομαρτυριῶν], he failed to follow up the indictment, but allowed A. to obtain a verdict against him. And when his term of grace had expired, he paid the fine, on such conditions as he could obtain’ (from Aristodicus). — καθότι ἔπειθε: i.e. he obtained an abatement, or arranged to pay by instalments; cp. Thuc. I. 117, κατὰ χρόνους ταξάμενοι ἀποδοῦναι.
πρὶν τοίνυν ‘Now before he had effected this compromise, in his fear of Aristodicus he removed from Athens and resided as an alien at Thebes’. ταῦτα, the arrangement abating the sum, or allowing him to pay it gradually. After ᾤκει below, ἐκεῖ is rightly supplied by Markland.
