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§§ 10—13. Not many days afterwards, he came once more and told me with tears in his eyes that the persons who had advanced the ransom were demanding payment of the remaining sixteen minae, and that the agreement required him to refund the money within thirty days, or, failing payment, to be liable for twice the amount. He could raise no money, he said, on the farm in my neighbourhood, as that property was already encumbered by a claim upon it on the part of his brother Arethusius; and he asked me to advance the remainder, as otherwise my former gifts would be thrown away, and himself carried off to prison as the lawful property of the ransomer. He further promised to collect the whole amount and to τepay me. Accordingly, I raised the remaining sixteen minae on the security of my lodging-house, and lent him this sum for a year without interest.

άπαιτοῖεν] ἀπαιτεῖν (cf. ἀπολαμβάνειν) is ‘to ask for one's due,’ ‘to request repayment of what is one's own.’ Andocides II § 22 ..ἀφείλεσθε, ταῦθ᾽ ὑμᾶς, εἰ μὲν βούλεσθε, αἰτῶ, εἰ δὲ [μὴ] βούλεσθε, άπαιτῶ. Or. 33 § 6 οἱ χρῆσται κατήπειγον αὐτὸν ἀπαιτοῦντες, and Or. 49 § 2.

So ἀποδοῦναι ‘to pay what is due,’ ‘to make full payment of the sum borrowed.’ Or. 20 (Lept.) §§ 11, 12 χρήματα ἀπῄτουν followed by άποδοῦναι. Or. 49 § 2 οὐ μόνον οὐκ ἀπέδωκε χάριν ἀλλὰ καὶ τὸ δοθὲν ἀποστερεῖ με. In Arist. Rhet. II 7 § 5, among the reasons which indicate the absence of real gratitude, we have ὅτι ἀπέδωκαν ἀλλ᾽ οὐκ ἔδωκαν (‘they merely returned the favour,’ simply repaid a debt, and nothing more).

διπλάσιον ὀφείλειν Or. 56 § 20. Cf. Revue archéologique, 1866 no. 11 (quoted by Dareste), ἐὰν δὲ μὴ ἀποδιδῷ τὴν μίσθωσιν κατὰ τὰ γεγραμμἐνα μὴ ἐπισκευάζῃ, ὀφείλειν αὐτὸν τὸ διπλάσιον, and the stipulatio duplae of Roman law.

τὸ χωρίον τὸ ἐν γειτόνων μοι ‘the property (or farm) in my immediate neighbourhood.’ ἐν γειτόνων seems to be an elliptical phrase equivalent to ἐν τοῖς τῶν γειτόνων ‘in my neighbours' lands,’ ‘in my own neighbourhood.’ In early Greek there is probably no other instance of this phrase, and as ἐκ γειτόνων is not without example in the Attic Orators, it appears preferable to the reading in the text, which is obtained by Reiske from τὸ ἐγγειτόνων, found in three good MSS (SAB). Inepte Reiskius, says Dobree, who refers to Ar. Plut. 435 καπηλὶς ἡκ τῶν γειτόνων. For ἐκ γειτόνων cf. Lycurgus, (Leocrates) § 21 οὐδὲ τὰ ὅρια τῆς χώρας αἰσχυνόμενος άλλ᾽ ἐκ γειτόνων τῆς ἐκθρεψάσης αὐτὸν πατρίδος μετοικῶν (cf. e vicinia and exadversum in the sense of prope). For ἐν γειτόνων we find no parallel earlier than Lucian, φιλοψευδής § 25 ἐν γειτόνων δὲ ἡμῖν ᾤκει and convivium § 22; also Icaromenippus § 8 ἐν γειτόνων ἐστἱ τὰ δόγματα καὶ μὴ πολὺ διεστηκότα (‘their doctrines are next door to one another and differ but slightly’).

πριασθαι...ὠνεῖσθαι The former is used as the aorist of the latter; ὠνησάμην (though common in Lucian and Plutarch) being never found in early Greek prose, and perhaps once only in Greek comedy (in a doubtful fragment of Eupolis). The correct aorist and present are found side by side in § 21, πρίαιντο followed by ὠνούμενος; similarly in Lysias, Or. 7 § 4, πριάμενος occurs with ὠνούμην in the very next sentence. Cf. Rutherford's New Phrynichus p. 210.

τίθεσθαι lit. ‘to get security given you,’ hence ‘to lend money on security’ of land, &c.; ‘to lend on mortgage,’ as opposed to τίθεναι, lit. ‘to give security,’ ‘to put in pledge,’ ‘to mortgage,’ ‘to borrow on security.’ Pollux viii 142 θεῖναι μὲν οἰκίαν ἐστὶ τὸ δοῦναι εἰς ὑποθήκην, θέσθαι δὲ τὸ λαβεῖν εἰς ὑποθήκην (cf. Wyse on Isaeus, p. 432).—Hermann-Thalheim, Rechtsalt. p. 100, quotes Dionys. de Isaeo 13 (Is. frag. 29), which illustrates the general sense of the present passage; δανειζομένῳ οὐδεὶς ἂν ἔδωκεν ἐπ᾽ αὐτοῖς ἔτι πλέον οὐδὲν ἀποδεδωκότι τὰς μισθώσεις.

νῦν ἀπογέγραπται ‘which have been scheduled in the present suit (entered in the ἀπογραφή, or specification).’

ὡς ἐνοφειλομένουἀργυρίου ‘on the ground that money was due to himself thereon.’ The property was already saddled with a debt due to Arethusius, to whom it was (in part at least) mortgaged. In another speech delivered by Apollodorus, Or. 49 (Timoth.) § 45, we have the words ἐνεπισκήψασθαι ἐν τῇ οὐσίᾳ τῇ ἐκείνου ἐνοφειλόμενον αὑτῷ τοῦτο τὸ ἀργύριον.

To contract a fresh loan on the security of property already mortgaged was forbidden. Cf. Bekker's Anecdota p. 259 μὴ ἐπιδανείσασθαι ἐπὶ τοῖς αὐτοῖς ἐνεχύροις. Or. 35 (Lacrit.) § 21 ἔστιν ἐν τῇ συγγραφῇ ὅτι ὑποτιθέασι ταῦτ᾽ ἐλεύθερα (unencumbered) καὶ οὐδενὶ οὐδὲν ὀφείλοντες, καὶ ὅτι οὐδ᾽ ἐπιδανείσονται ἐπὶ τούτοις παρ᾽ οὐδένος. See also Or. 34 §§ 6, 50. HermannThalheim, Rechtsalt. p. 103.

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  • Commentary references from this page (4):
    • Demosthenes, On the Halonnesus, 4
    • Demosthenes, Against Apatourius, 6
    • Demosthenes, Against Timotheus, 2
    • Demosthenes, Against Dionysodorus, 20
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