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§§ 32, 33. He will tell you, forsooth, that he was not fond of going to law. But it is not so; he showed towards me a temper very different from your forgiving dispositions; he actually took advantage of some blows that passed between us in a quarrel, and made a cut on his own head in order to make out a case against me before the Areopagus, of wounding with intent to kill! But for the confession of the doctor who was asked, but refused, to lance him, I might have been transported for life.

νὴ Δἴ, ἀπράγμων .. καὶ οὐ φιλόδικος ‘Oh! to be sure, he is not a man of business and far from litigious!’ Prof. Kennedy. Cf. Or. 42 § 12 μετρίου καὶ ἀπράγμονος πολίτου μὴ εὐθὺς ἐπὶ κεφαλὴν εἰς τὸ δικαστήριον βαδίζειν, 36 § 53, 54 § 24. S.]

νυνὶ δὲ ‘But as the case is.’

φυγαδεῦσαι Perhaps this fact is not elsewhere recorded. ‘The sons, even of such among the Thirty as did not return, were allowed to remain at Athens, and enjoy their rights of citizens unmolested; a moderation rare in Grecian political warfare.’ Grote, H.G. chap. 66, VI p. 4 (where the present passage only is referred to). It would seem that, after the defeat of the Thirty by Thrasybulus near the Piraeus, B.C. 403, and the peace made by Pausanias, a compromise was made between the oligarchical and democratical parties, since the greater part of the wealthy citizens (the 3000, as they were called) were more or less concerned with and imphcated in the tyranny of the Thirty. Cf. § 46 πρὸς τοὺς ἐπὶ τῆς ὀλιγαρχίας πολλοὺς τῶν πολιτῶν ἀκρίτους ἀποκτείναντας διαλλαγέντες. Andocides, de mysteriis, § 90. [Aristot. Const. Athens 39 § 6.]

συναψάμενος ‘Having concerted a quarrel that should end in blows.’ (He ‘contrived from words to come to blows.’ C. R. Kennedy. ‘Managed to get up a fight’; middle of ‘indirect agency.’ Prof. Kennedy.) Or perhaps = πλασάμενος, ‘having invented a story about blows having been given in consequence of a quarrel.’ Wolf inclines to the latter, G. H. Schaefer to the former interpretation; and it is not very easy to decide between them. (Cf. Or. 54 § 19 κατὰ μικρὸν ὑπάγεσθαι έκ μὲν λοιδορίας εἰς πληγὰς, ἐκ δὲ πληγῶν εἰς τραύματα.) The plan evidently was, to get up a case against Mantitheus by provoking a quarrel, and to procure his banishment, so as to leave the ground clear for the defendant, if not to get possession of a part of his property.

ἐπιτεμὼν As ἐντέμνειν, incidere, is ‘to make a cut in,’ so ἐπιτέμνειν is ‘to make a cut on.’ The difference, though slight, is real, the latter referring only to a superficial cut. In the present case, the man made an incision on the scalp, pretending to have been wounded by his adversary.

τραύματος ‘Cutting and maiming.’ ‘Wounding with intent to kill.’ [Aristot. Const. Athens 57 § 3 εἰσὶ δὲ φόνου δίκαι καὶ τραύματος, ἂν μὲν ἐκ προνοίας ἀποκτείνῃ τρώσῃ, ἐν Ἀρείῳ πάγῳ.] For the genitive cf. Ar. Vesp. 1406 προσκαλοῦμαίσ᾽ , ὅστις εἶ, πρὸς τοὺς ἀγορανόμους βλάβῃς τῶν φορτίων, where there is probably an ellipse of δίκην, though all words of this kind, like ἐγκαλεῖν, ἀμφισβητεῖν, &c, have a tendency to take the genitive.

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