F. A. Paley, Select Private Orations of Demosthenes

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ἃν οὖν—ὄφλῃ τῷ δημοσίῳ The meaning is, that the man may imitate his worthless companions and turn συκοφάντης against honest people, but fail some day to establish the prosecution, and be fined 1000 drachmas for not getting a fifth part of the votes. In private actions (and also in φάσεις, which were public,) the ἐπωβελία (an obol for every drachma), and in public suits, a fine of 1000 drachmas, was imposed on the plaintiff if in either case he failed to get a fifth part of the votes. (Boeckh, P. E. pp. 346, 350, 363.) See Or. 56 § 4.

γραφαὶ Public indictments of any sort.

φάσεις presentments or prosecutions for importing or exporting or possessing contraband goods. The bringing of this action is called φαίνειν in Ar. Ach. 819, 908. So ἐνδεικνύναι, εἰσαγγέλλειν, are used for prosecuting by other special processes. Boeckh (Publ. Econ. p. 368 Lewis (2)) observes that “a peculiar circumstance occurred in the phasis, as being a public suit. In this form of proceeding it must be inferred from the circumstances of the case that the defendant, if he lost his cause, paid the fine, and also the epobelia, if he did not obtain the fifth part of the votes: the plaintiff indeed had no leason to apprehend the first payment, but if he was unsuccessful in his suit, he was in the same case compelled to pay the epobelia; and if he did not obtain the fifth part of the votes, i.e. in the very case in which he was subject to the epobelia, he was forced to pay to the state the usual fine of 1000 drachmas.” [φάσεις, ἐνδείξεις, may be approximately rendered ‘fiscal and criminal informations.’ Prof. Kennedy.]

ἐνδείξεις Actions for holding any office when a person was legally disqualified by being ἄτιμος, or a public debtor (Timocr. p. 707). Lex. Rhetor. Cant. ἔνδειξις φάσεως διαφέρει. ὅτι τὴν μὲν ἔνδειξιν δύναται ἀντιλέγεσθαι, οἷον ἀνέδειξεν (l, ἐνἐδειξεν) Ἀριστογείτονα Δημοσθἐνης, ὅτι λέγει ὀ φάσκων οὐκ ὀφείλει (qu. ὅτι λἐγει, φάσκων οὐκ ὀφείλειν, ‘alleging that he has no right to speak in the assembly’ [?]), φάσις δέ ἐστιν ὅταν φαίνῃ τῶν δημοσίων ἔχοντά τινα μὴ πριώμενον (πριάμενον).—ἀπαγωγαί, ‘arrests,’ i.e. the carrying men off to the authorities at once as guilty of some offence. See Androt. (Or. 22) § 26 ἔρρωσαι, καὶ σαυτῷ πιστεύεις: ἄπαγε: ἐν χιλίαις δ᾽ ὁ κίνδυνος. Timoer. Or. 24 § 146 ὅσων ἔνδειξίς ἐστιν ἢ ἀπαγωγή. See Boeckh, P. E. p. 389.

[Pollux: ἕνδειξις δὲ ἦν πρὸς τὸν ἄρχοντα ὁμολογουμένου ἀδι- κήματος μήνυσις οὐ κρίσεως ἀλλὰ τιμωρίας δεομένου. καὶ αὕτη μὲν γίγνεται περἰ τῶν οὐ παρόντων, ἡ δὲ ἀπαγωγὴ ὅταν τις ὃν ἔστιν ἐνδείξασθαι μὴ παρόντα, τοῦτον παρόντα ἐπ᾽ αὐτοφώρῳ λαβὼν ἀπαγαγῃ...μαλιστα δὲ τοὺς ὀφείλοντας τῷ δημοσίῳ ἐνεδείκνυσαν ἢ τοὺς κατιόντας ὅποι μὴ ἔξεστιν, ἢ τοὺς ἀνδροφόνους (VIII 49). S.]

πλεονάζωσιν ‘When they do not keep within due bounds.’ He intimates that the dicasts are very knowing in discriminating mere συκοφαντία for private ends, and in discouraging them by imposing the fines for ‘notproved.’

ἐγγεγραμμένος Entered in the register of debtors to the public treasury, as not having paid the fine. Cf. Or 53 § 14 ἐγγράφει τῷ δημοσίῳ ἐξακοσίας καὶ δέκα δραχμάς.

ὅτι κ.τ.λ. ‘because, of course (it will be said) all will know which of us brothers was condemned to pay.’ It will be a matter of notoriety which was the συκοφάντης, and which had to suffer the consequences.