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IV. Answer to a special plea (πρὸς παραγραφήν), Or. XXIII

IV. Against Pankleon.
Against Pankleon. [Or. XXIII.]—The speaker had formerly indicted Pankleon, 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. Pankleon 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 plea1: here it is evidently made by the opponent2. The date is uncertain.

With a promise that he will be brief, the speaker comes

to the facts. Pankleon, on being summoned before the Polemarch, stated himself to be a Plataean by birth, son of Hipparmodôros, and enrolled in the Attic deme of Dekeleia. On inquiry3, the speaker learned that Pankleon was in fact a runaway slave of a Plataean named Nikomêdes. A few days afterwards, Nikomêdes actually claimed Pankleon as his slave; but the latter was rescued by a gang of bullies (§§ 5—12). He had once before been brought before the Polemarch by a certain Aristodikos, and had blustered, but had eventually given in. Before doing so, he had withdrawn for a time to Thebes—a signal proof that he was no Plataean (§§ 13—15). If the judges bear in mind these plain facts the speaker is confident of a verdict (§ 16).

As in the last speech, so here all is narrative; there is no argument but the logic of facts. These are not stated with the same conciseness and clearness as in the former case; but there is no better ground here than there for suspecting, with Francken, the work of an epitomist4.

1 See e.g. the speeches of Demosthenes For Phormio and Against Pantaenetos, and that of Isokrates Against Kallimachos.

2 Meier and Schömann, Att. Proc. p. 648. The speaker makes a full statement of the facts. He would have assumed a general knowledge of the case on the part of the judges, and would have addressed himself rather to particular points, if Pankleon had spoken before him.

3 The particulars of the inquiry are curious. The speaker goes to look for the Dekeleia men at a barber's shop in the Hermae street (leading from the Old to the New Market-place), a regular resort for the men of that deme—τὸ κουρεῖον τὸ παρὰ τοὺς Ἑρμᾶς ἵνα οἱ Δεκελεῖς προσφοιτῶσιν (§ 3). He seeks the Plataeans, again, at the cheese-market in the Old Agora—hearing that on the first of every month ἐκεῖσε συλλέγονται οἱ Πλαταιεῖς (§ 6).

4 Comment. Lys. p. 238 ‘excerpta ex Lysiaca.’ At p. 164 he says only ‘equidem spondere ausim, hanc Lysiacam esse; sed aut non satis ab auctore aut satis superque ab aliis refictam.’ Dobree notices, and appears to endorse, a doubt of its genuineness; but without assigning grounds (Adv. I. 245).

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