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τούτου δ᾽ ὑπάρχοντος ‘this being admitted,’ ‘with this fact to begin upon.’ Plat. Tim. p. 29 A τούτων υπαρχόντων = τούτων ὑποκειμένων, his positis. ἰδόντες=εἰ εἴδετε, Goodwin's Moods and Tenses § 52, 1 (§ 472, ed. 1889). τοῖς εἰδόσι...τοῖς ἴσοις § 35 ἑτοῖμοι ἦμεν ἐπιτρέπειν τοῖς εἰδόσιν, ἴσοις καὶ κοινοῖς. Or. 40 § 39 ἐπιτρέπειν...διαιτητῇ ἴσῳ. On ‘private arbitrators’ see note on Or. 54 § 26 ἡ δίαιτα. In the present instance, the consent of the speaker's opponents was essential, and he insists (for all they urge to the contrary) that it was to their refusal that the failure of his attempt to secure an amicable settlement must be ascribed. οὐχ οὗτοι ἐπιτρέπειν ἐβούλοντο.—In the next sentence ὑμῖν and πᾶσι go together, καὶ emphasizing τοῦτο. προσέχετε—τὸν νοῦν ‘I implore the jury, in the name of all that's sacred, to give me their best attention.’ The earnestness of this appeal (πρὸς Διὸς καὶ πῶν θεῶν) is explained by the fact that unless the jury clearly understood the topographical details which here follow, the remainder of the speech would be almost unintelligible, and what applies to the original hearers holds equally good for the modern reader. The defendant has just informed the court that an actual inspection of the premises would have been decisive in his favour. He therefore naturally endeavours to compensate for that disadvantage by giving his audience a distinct description of the relative situation of the properties of the contending parties. [In modern courts a map or plan made by a surveyor would be produced. P.]
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