CHAPTER V

ISAEUS

§ 1

Dionysius could find, in the authorities whom he consulted, no definite

information about the life of Isaeus. The dates of his birth and death

are unknown; we cannot, as Dionysius observes, say what were his

political opinions, or even whether he had any at all.[153] We are even

in doubt as to his birthplace; some authorities called him an Athenian,

others a Chalcidian. The suggestion that he may have been the descendant

of an Athenian who settled in Chalcis as a _cleruch_ is plausible, but

without any authority.[154] The inference, from the fact that he took no

part in public life, that he was probably an alien, is not justifiable.

The fact that, whether an Athenian or not, he never spoke at any of the

great national assemblies, where rhetoricians from all Greek countries

gave displays, seems to argue that he had no ambition for personal

distinction as an orator, but was content to be a professional writer of

speeches.

There is a legend that the young Demosthenes, impressed by the

effectiveness of Isaeus’ oratory, induced the latter to live in his house

and train him thoroughly in all the arts of the forensic speech-writer;

it is even said that the earliest speech of Demosthenes, against

Aphobus, was in reality composed by his master. The authority for these

tales is quite insignificant, but the influence of Isaeus on Demosthenes

was nevertheless considerable, whether or not they came much into

personal contact.

Dionysius records, on the authority of Hermippus, that Isaeus ‘was a

pupil of Isocrates and a teacher of Demosthenes, and came into close

contact with the best of the philosophers.’[155]

There is no evidence that he was ever a companion of Socrates, since his

name is not anywhere mentioned by Plato.

His earliest speech (_On the Estate of Dicaeogenes_) is assigned with

some probability to the year 390 B.C., and his latest (_On the Estate of

Apollodorus_) to 353 B.C.

If the date 390 B.C. is correct, the period of his study under Isocrates

may reasonably be placed during the period 393-390 B.C., when that orator

was starting his school, and on this assumption we might place the birth

of Isaeus approximately at 420 B.C. But the chronology rests entirely

on internal evidence which in this case is ambiguous; a later date for

the speech is equally possible, and in that case the earliest speech is

that _On the Estate of Aristarchus_, 377-371 B.C. Isaeus, then, need not

have been born before 400 B.C. There is more certainty in the dating of

the last extant speech about 353 B.C., but we have no means of knowing

whether or not the orator lived long after its composition. He may have

spent many years in retirement. Isocrates was writing up to the moment

of his death, but he had great thoughts to express; Isaeus, with no

interest in politics, may, when he retired from the monotonous task of

writing speeches for others, have been glad to find no further necessity

for composition. However, the approximate dates 420-350 B.C. will give a

reasonable duration for such a life.

Isaeus is perhaps the only one of the orators for whom we cannot feel any

enthusiasm. If we had, from external sources, the slightest clue to his

real feelings, we might be able to collect from his speeches some hints

that would help us to form an image of his personality. He is known to

us only from speeches which he wrote for others, all of them, with the

exception of one fragment, dealing with testamentary cases, which are not

the most interesting province of law. He was not personally interested

in any of these trials, unless we can believe the more than doubtful

assertion of the Greek argument to the fourth oration, that he himself

spoke in support of Hagnon and Hagnotheus, being their kinsman.

We may contrast his case with that of Antiphon, who similarly is

known to us chiefly from speeches in one department of law—trials for

homicide; but in Antiphon’s case we are fortunate in having a short but

illuminating notice of his life by Thucydides, which forms the outline of

the picture; and in addition we have the tetralogies which to some extent

help to fill in the details. Of Isaeus as a man we know less, almost,

than we do of Homer. We gather only an impression of his wonderful

efficiency in dealing with subjects of a particular class—his exhaustive

knowledge of the intricacies of testamentary law, and his dexterity in

applying that knowledge to the best purpose; a kind of efficiency which

is admirable, but dull.

Isaeus is our chief authority for the Attic Laws of inheritance.[156]

These laws were often arbitrary, and though they were to some extent

simplified by the fact that a man who had sons could not legally will his

property away from them, the intricacies of tables of consanguinity were

so complex that only a specialist could be expected to have a complete

mastery of them. There was no class of professional lawyers at Athens;

the Attic Laws were very largely framed by amateurs, of which we have

evidence in the number of recorded cases in which the proposers of laws

were prosecuted for illegality, _i.e._ for enacting laws contrary to

laws already established; and as the framing of them was a matter of

haphazard improvisation, so their interpretation was often a question of

the temper of the jury for the moment. No doubt some record of verdicts

was kept, but the Athenians had no great respect for precedent, or at any

rate could not make full use of it in the lack of professional judges who

should be experts in such matters. Thus there were great opportunities

for a man like Isaeus, who combined a minute knowledge of law and

procedure with skill in applying his knowledge; who could quote at will

either the law or precedent for departing from its letter, and, where

the wording of the law left any room for ambiguous interpretation, could

twist the meaning to one side or the other to suit his case.

The particular branch of law which Isaeus chose as his special

province was important owing to the large number of cases dealing with

inheritances which seem to have come before the Athenian Courts, and

these cases were often in themselves important owing to the religious

significance of the fact of inheritance. An Athenian desired to leave

behind him a male heir not only that his property might remain in the

family, but that the family might have a representative who should carry

on the private worship of the household gods, and in particular should

duly perform the funeral rites of the testator and offer all the proper

sacrifices at his grave. Heirship, therefore, carried with it certain

definite religious duties, and a man who had no child living usually

ensured the continuity of the family worship by adopting a son either in

his lifetime or by will.

The skill of Isaeus in dealing with complicated cases is well shown

by a consideration of the arguments of any of the remaining speeches;

for instance, Oration v. (_On the Estate of Dicaeogenes_) is concerned

with the claims of a certain man’s nephew as against his cousin, who

inherited a third portion under a will subsequently proved to be false,

and eventually succeeded to the whole under a second will which the

claimants proved false. Two wills and the results of two previous trials

have to be kept in mind, as well as the rather complicated relationship

of the parties; but Isaeus makes the case substantially clear. Again,

in Oration xi. (_On the Estate of Hagnias_) twenty-three members of the

family are referred to by name, and it is necessary to trace the family’s

ramifications through a large number of second cousins whose nearness of

consanguinity is in some cases affected by the intermarriage of first

cousins. The facts of the case are not easy to follow even on paper, and

it appears that the judges on this occasion were puzzled into giving a

wrong verdict.

The orator’s methods may, however, be studied more conveniently in a

simpler speech, _On the Estate of Ciron_ (Or. viii.). The essential facts

of the case are as follows:—Ciron by his first marriage had one daughter,

the mother of the two claimants. Ciron married a second wife, the sister

of Diodes. The son of Ciron’s brother, instigated by Diodes, made a

counter-claim on the grounds that (1) Ciron’s daughter was illegitimate

and consequently her sons were illegitimate; (2) a brother’s son in any

case has a better claim than a daughter’s son. The speaker, the elder of

the claimants, first establishes his mother’s legitimacy, proving that

Ciron always treated her as his daughter and twice gave her a dowry, and

regarded her sons as his natural heirs.

‘Our grandfather Ciron died, not without issue, but leaving

as issue my brother and myself, the sons of his legitimate

daughter; but the plaintiffs claim the inheritance on the

assumption that they are the next of kin, and insult us by the

insinuation that we are not sons of Ciron’s daughter, and that

he never had a daughter at all. This is due to the claimants’

covetousness and the great amount of Ciron’s estate, which they

have seized, and now control. They have the impudence to say

that he left nothing, and in the same breath to lay a claim to

the inheritance.

‘Now your judgment ought not, in my opinion, to have reference

to the man who has urged the claim, but to Diocles of Phlya,

known as Orestes, who has incited him to annoy us, endeavouring

to withhold the property which Ciron left at his death, and to

endanger our interests, so that he may not have to part with

any of it, if you are misled by the assertions of the claimant.

Since they are working for these ends it is right that you

should be informed of all the facts, in order that no detail

may escape you, and that you may have a full knowledge of all

that has occurred, before you give your verdict. So I ask you

to consult the interests of justice by giving to this case

as serious consideration as you have given to any other case

before. This is only just. Recall the numerous cases that have

come before you, and you will find that no plaintiffs have ever

made a more shameless or barefaced claim to property that does

not belong to them than these two.

‘Now it is a hard task, Gentlemen, for one entirely

inexperienced in the procedure of the courts to hold his own in

a trial for such an important issue against concerted speeches

and witnesses who give false evidence; but I have a confident

hope that I shall obtain justice from you, and that my own

speech will be satisfactory to the point, at least, of stating

a just cause, unless I am thwarted by some obstacle of the kind

which I apprehend. I therefore urge you, Gentlemen, to give

me a courteous hearing, and if you consider that I have been

wronged, to support the justice of my claim.

‘First, I shall convince you that my mother was the legitimate

daughter of Ciron. For events long past I shall rely on

reported statements and evidence, for those within our memory

I shall adduce witnesses who know the facts, as well as proofs

which are stronger than depositions; and when I have laid this

all before you I shall prove that I have a better right than

the claimant to inherit the estate of Ciron.

‘I shall start from the point at which my opponents began, and

from thence onwards instruct you in the facts.

‘My grandfather Ciron, Gentlemen, married my grandmother, who

was his own first cousin, being the daughter of a sister of his

own mother. After the marriage she in due course gave birth to

my mother, and four years later she died.

‘My grandfather, having only this one daughter, married his

second wife, the sister of Diodes, who bore him two sons. He

brought up my mother in the house with his wife and children,

and during the lifetime of the latter, when his daughter was of

marriageable age, he bestowed her on Nausimenes of Cholarge,

giving her a dowry of clothing and gold ornaments, as well as

twenty-five minae. Three or four years after this, Nausimenes

fell ill and died, before my mother had borne him any children.

My grandfather took her back to his house, but owing to the

disorder of her husband’s affairs he did not recover all the

dowry he had given with her; he then married her a second time

to my father, with a dowry of 1000 drachmae.

‘In face of the charges now brought by the plaintiffs, how can

my statements be proved? I sought and found the way.

‘Ciron’s domestic slaves, male and female, must know whether my

mother was or was not his daughter; whether she lived in his

house; whether he did or did not on two occasions give feasts

in honour of her marriage; what dowry each of her husbands

received. Wishing to examine them under torture by way of

supporting the evidence already in my hands, in order that

you might put more confidence in their evidence when they had

submitted to the examination than you would if they were only

apprehending it, I requested the plaintiffs to surrender their

slaves of both sexes to be examined on the above points and all

others of which they have knowledge. But this man, who will

shortly request you to believe his own witnesses, shrank from

submitting to such an examination. But if I can prove that he

refused, how can we avoid the presumption that his witnesses

are now giving false evidence since he has shrunk from a test

so searching?

‘To prove the truth of my assertion, take first this deposition

and read it.[157]

[_The deposition._]

‘Now you hold the opinion, both personally and officially, that

torture is the surest test; and whenever slaves and freemen

come forward as witnesses and you have to arrive at facts, you

do not rely on the evidence of the freemen, but torture the

slaves and seek thus to discover the truth. You are right in

your preference; for you know that whereas some witnesses have

been suspected of giving false evidence, no slaves have ever

been proved to have made untrue statements in consequence of

the torture to which they were submitted.[158]

‘Who may be expected to know the early facts? Obviously those

who were acquainted with my grandfather, and they have told us

what they heard. Who must know about my mother’s marriage? The

parties to the marriage contracts, and their witnesses. On this

point the relations of Nausimenes and of my father have given

evidence. And who knew that my mother was brought up in Ciron’s

house, and was his legitimate daughter? The present claimants

give clear evidence that this is true, by their action in

refusing the torture. Surely, then, it would not be reasonable

for you to discredit my witnesses, while you can hardly fail to

disbelieve those of the other side.

‘Besides these, we can bring other proofs by which you shall

know that we are sons of Ciron’s daughter. He treated us as he

naturally would treat his daughter’s sons; he never conducted a

sacrifice without our presence, but whether the sacrifice were

small or great, we were always there and joined in it. Not only

were we summoned for such occasions, but he always used to take

us to the rural Dionysia, and we used to see the show with him,

sitting by his side; and we came to his house to keep every

feast-day. And when he sacrificed to Zeus Ktesios, a sacrifice

to which he attached the utmost importance, never allowing

slaves or even freemen, outside the family, to participate, but

doing everything by himself, we used to share in the sacrifice;

we helped him to handle the offerings, we helped him to

place them on the altar, we helped him in everything, and, as

our grandfather, he would pray the God to give us health and

wealth. But if he had not considered us as his daughter’s sons,

and seen in us the only descendants left to him, he would never

have done anything of the kind, but would have kept by his

side this man who now claims to be his nephew. The truth of

this is known best of all by my grandfather’s servants, whom

the plaintiff refused to surrender to torture; but it is known

accurately enough by some of my grandfather’s friends, whose

evidence I shall produce’ (§§ 14-17).

The speaker continues that he and his brother were enrolled by Ciron in

the _phratria_, and were allowed to conduct the funeral by Diocles, who

thus tacitly admitted their claim.

He next proves by legal argument that direct descendants have a better

claim than collateral relations. By way of epilogue he gives an account

of the property and the machinations of Diocles, whose personal character

he attacks, and at the end produces evidence that Diocles has been proved

guilty of adultery.

§ 2. _Literary Characteristics_

Isaeus studied under Isocrates, and it is therefore reasonable to

follow the chronological order and take the master first; but as the

master survived the pupil by several years, and was actively engaged

in literature down to the day of his death, ordinary considerations of

seniority do not apply in this case. It is more satisfactory to study

Isaeus in relation, not to Isocrates, but to the earlier speech-writers,

Antiphon and Lysias. He is more closely connected with them in his

subject-matter, since he is, like them, essentially a practical writer,

and his businesslike style has more affinity to the terse condensation

of Lysias than to the florid ‘epideictic’ diction of the author of the

_Panegyric_.

In language there is not very much difference between Lysias and Isaeus;

both use the current vocabulary, making a literary medium out of the

popular speech of their day. A search through the latter’s speeches

re-discovers a certain number of words which, so far as our knowledge

goes, have a poetical tinge; but practically all these may be found in

other orators and prose-writers.[159]

Again, there are a few noteworthy metaphors, such as ἐκκόπτειν, to

‘knock out’ or ‘knock on the head’—this is used again by Dinarchus—and

καθιπποτροφεῖν, ‘to race away one’s money,’ _i.e._ squander it on a

stable. We know little of the idioms of the language spoken in the

streets of Athens in the fourth century, but we do know that popular

speech has always a tendency to the employment of rough metaphors,

and where we come into contact with the spoken word we expect to find

expressions of this kind.[160] A study of the private letters contained

among the Oxyrhynchus Papyri will give many examples to the point.[161]

Lastly, a few words recall the language of comedy.[162]

We may readily believe that, in admitting these few blemishes to the

purity of his Atticism, the orator was indulging in a realism of which

we find very few traces, as a rule, in literary prose.[163]

His grammar, according to strict Attic rule, is occasionally at

fault,[164] and the MSS. exhibit a certain number of word-forms which are

supposed to be un-Attic.[165]

Whether we should emend these passages to suit the supposed standard,

or make the standard more liberal to admit such passages, is a matter

for controversy. The MSS. of Thucydides exhibit a wealth of ingenious

perversity in the way of grammar, and in that case, though many critics

have spent their ingenuity on reducing the text to order and decency, an

opposite school of criticism maintains that the historian may have chosen

to write as he liked. The greatest artists are above the laws of their

art, and Isaeus may have condescended to a level which he knew not to be

the highest.

With regard, then, to the purity of language, Isaeus, though surpassed

by Lysias and Isocrates, is not far behind them. He is on a level with

Lysias also in clearness and accuracy of thought, and in what Dionysius

calls ἐνάργεια, vividness of presentation. But in the structure of

sentences some differences between these two must be noted. Lysias, as

has already been stated, varied his structure considerably according to

the subjects of his speeches, the succession of periods being broken by

the introduction of a freer style; but at the same time he had a love of

antithesis to which sacrifices had sometimes to be made.

Isaeus is free from this straining after antithesis, and is hardly

bound at all by scholastic rules. We cannot truly say that his style

is non-periodic, for formal periods are to be met with; but a marked

characteristic of his style is his skill in the use of short sentences,

often abrupt, nearly always vigorous. In argumentative passages

especially, he uses the form of imaginary question and answer; in

narrative he sometimes gives us a series of short sentences, connected

in thought, but not formally bound together. He has the appearance of

composing negligently, but from his effectiveness we conclude that the

negligence was studied. The following passages illustrate these styles:

‘Eupolis, Thrasyllus, and Mneson were brothers from the same

two parents. Their father left them a considerable property, so

that they were eligible for the performance of public services.

This the three divided amongst them. Of these brothers, two

died about the same time,’ etc.[166]

The speech about Ciron’s inheritance contains the best example of

argument by question and answer:

‘On what ground should a statement be believed? Should we not

say, on the ground of the evidence? I fancy so. And on what

ground should we believe witnesses? From the fact that they

have been tortured? Naturally. And on what grounds should we

disbelieve the statements of the plaintiffs? Because they

shrink from this test? Most certainly.’[167]

A third quotation gives a good example of the purely ornamental use of

the rhetorical question; it is precious as showing us that Isaeus was on

occasion capable of applying a lighter touch. He is so coldly logical as

a rule that we turn with relief to any exhibition of ordinary feeling:

‘Who was there who omitted to cut his hair short when the two

talents arrived? Who was there who failed to wear black, hoping

that his mourning would give him a claim to the inheritance?

Or how many relatives and sons laid claim, by deed of gift, to

the estate of Nicostratus? Demosthenes said he was his nephew,

but when the present claimants disproved his statement, he

retired. Telephus said that Nicostratus had given him all his

property. He too soon ceased to be a claimant. Ameiniades came

before the archon and produced a son for Nicostratus—a child

less than three years old, though Nicostratus had not been in

Athens for eleven years past. Pyrrhus of Lamptra said that the

money had been dedicated by Nicostratus to Athena, but given

by Nicostratus to himself. Ctesias of Besaea and Cranaus first

said that judgment had been given in their favour against

Nicostratus for a talent, and when they could not prove it,

asserted that he was their freedman. They, like the rest,

failed to establish their statement.

‘These were the parties who in the first instance pounced at

once upon the property of Nicostratus. Chariades made no claim

at the time.’[168]

Dionysius, a very keen critic on the literary side, misses in Isaeus the

grace and charm of Lysias, but allows him more cleverness.[169]

This ‘charm,’ by which Dionysius could distinguish a genuine speech of

Lysias, is incapable of definition and too elusive for our blunter wits

to apprehend; but we can form a general impression that the diction of

Lysias has something in it more pleasing than that of Isaeus. Perhaps

there is something in the illustration which the ancient critic applies,

when he compares the speeches of the former to a clearly drawn picture

of simple colour and design; those of the latter to a more elaborate and

ingenious composition, where there is more play of light and shade and

the depth and brilliance of the colouring in some cases obscures the

lines—with a suggestion that the drawing may be faulty.[170] This simile,

however, applies more truly to the structure of the speeches than to the

diction. Dionysius recurs to the style,[171] and quotes parallel extracts

from the introductions to speeches by the two writers to demonstrate the

simplicity of Lysias and the artificiality of Isaeus. The demonstration

is not overpowering. The first specimen from Lysias is indeed simple and

clear, but the extract from Isaeus, though the language is a little more

elaborate, seems equally suitable for its purpose.

Lysias wrote as follows:

‘I feel, Gentlemen, that I must tell you about my friendship

with Pherenicus, so that none of you may be surprised that I,

who have never before pleaded for any one else, am now pleading

for him. I had a friend in his father Cephisodotus, and when

our party was exiled to Thebes I stayed with him, as did any

other Athenian who wished to.

‘He did us many kind services, both officially and privately,

before we were restored to our homes. So when his family met

with the same misfortune, and came in exile to Athens, I

felt that I owed them the greatest possible gratitude, and

received them in such intimate fashion that nobody who came

to the house, and did not know, could tell which of us was

the owner of it. Now Pherenicus knows that there are many who

are cleverer speakers than I, and have more experience of

such business; but he thinks that he can rely absolutely on

my friendship. So I should think it disgraceful, when he asks

me and urges me to support his claims, to allow him to lose

Androclides’ gift, if I can do anything to prevent it.’[172]

The following is the parallel extract from Isaeus:

‘Before now I have been of service to Eumathes, as indeed he

has deserved; and now, so far as in me lies, I shall try to

help you to save him. Now listen to me for a short time, lest

any of you suppose that I through recklessness or any other

unjust motive have approached the case of Eumathes.

‘When I was a trierarch in the archonship of Cephisodorus,

and a report was carried to my relatives that I had been

killed in the sea-fight, whereas I had some moneys deposited

with Eumathes, Eumathes sent for my relative and friends, and

declared the amount of the money which was in his hands, and

justly and honestly made payment in full.

‘In consequence of this I, when I got home in safety, treated

him as a still closer friend, and when he was starting business

as a banker I provided him with money. After this, when

Dionysius claimed him as a slave, I vindicated his liberty,

knowing that he had been manumitted by Epigenes before the

court. But I shall say no more on this subject.’[173]

Dionysius thus criticizes them:

‘What is the difference between these proëmia? In Lysias the

introduction of the subject is pleasing for this one reason,

that it is stated naturally and simply.

‘“I feel, Gentlemen, that I must begin by telling you about my

friendship with Pherenicus”’—

What follows has no appearance of premeditation, but is put just as an

amateur might express it:

‘“so that none of you may be surprised that I, who have never

before pleaded for any one else, am now pleading for him.” But

in Isaeus what seems so simple is really premeditated, and we

see at once that it is rhetorical: “Before now I have been of

service to Eumathes, as indeed he has deserved; and now, so far

as in me lies, I shall try to help you in saving him.” This is

more exalted and less simple than the other; still more is this

true of the next sentence: “Now listen to me for a short time,

lest any of you suppose that I through recklessness or any

other unjust motive have approached the case of Eumathes.”’

Dionysius finds that the expressions here used, προπέτεια, ἀδικία, πρὸς

τὰ Εὐμαθοῦς πράγματα προσῆλθον, sound to him artificial rather than

spontaneous. In this he may be right; but we feel him to be hypercritical

when he blames the next sentence for lack of simplicity, and tries, by

a few verbal alterations, to show how it might have been improved. He

would re-write the sentence thus:—‘When I was trierarch, and it was

reported at home that I had been killed, Eumathes, having some money of

mine on deposit,’ etc. Here he has certainly succeeded in omitting once

the name Eumathes, which occurs twice in Isaeus; but the other changes

consist purely in the substitution of two temporal clauses introduced

by ὅτε (when) for two participial clauses in the genitive absolute—a

construction which is, surely, common enough in all Greek writers to

escape the censure of being ‘rhetorical.’

§ 3. _Structure of Speeches_

The exceptional power of Isaeus does not, then, depend upon any charm

of language or any oratorical gift; it lies in his exhaustive legal

knowledge and his remarkable skill in argument. He has an almost unique

gift for circumstantial statement and proof of the facts bearing on his

case. This is the cleverness (δεινότης) to which Dionysius so often

refers with grudging admiration.

His speeches are not arranged according to a single plan, but, on the

contrary, exhibit great variety of structure. Lysias keeps practically

to one form—exordium, narrative, proof, epilogue. Isaeus, when the

narrative is too long or complicated to be grasped all at once, does not

set it out as a whole, but breaks it up into sections, each of which is

accompanied by its evidence and argument.[174] ‘The orator is afraid.’

thinks Dionysius, ‘that the argument may be hard to follow, on account of

the number of its sections, and that the proofs of the various points,

if all collected together, being so numerous as they must be, dealing

with matters so numerous, may be detrimental to clearness.’ The critic is

referring particularly to the speech _For Euphiletus_ (Or. xii.), a large

fragment of which his quotations have preserved for us; but an analysis

of any of the extant speeches will show that they are constructed

skilfully on varying plans, unhampered by technical rule, with an art

that adapts its material according to the requirements of the case. This

skill, which aims at success rather than literary finish, shows that

Isaeus was above all a competent tactician—such a master of argument

that, ‘whereas we should be ready to believe Lysias even when he tells a

lie, we can hardly regard Isaeus without suspicion even when he tells the

truth.’[175]

Dionysius is no doubt led rather far away by his desire for a contrast;

he has given Isaeus a bad name and is seeking means to justify his

condemnation of the man who ‘takes a mean advantage of his adversary and

outmanœuvres the judges.’[176]

This Greek of a late Hellenistic age thoroughly grasped the Athenian

spirit, which demanded artistic composition and was yet suspicious of

any man who was too obviously clever, a spirit against which we find

Antiphon, the earliest of the orators, contending, when he makes his

characters protest their own inexperience and insinuate that their

opponents seem strong only because they have that same discreditable

skill to make the worse cause appear the better.[177]

Isaeus sometimes reiterates his arguments; he will even quote the same

document twice. This is inartistic, but it pays. A notable advance on his

predecessors is found in the form of some of his epilogues. The earlier

orators were generally content, after stating the case, to finish with

a general appeal to justice or pity. Isaeus on occasion makes a more

practical use of his closing periods; he recapitulates the case, pointing

out that he has proved what he set out to prove;[178] or gives a short

summary of the narrative which he regards as now established, or of the

claims urged by himself and his opponent. In one speech[179] he has

actually reached the end and summarized his results, when the very last

words surprise us by an unexpected attack on his adversary’s character:

‘I do not know that there is any need for me to say more, for I

think there is no point on which you have not full knowledge;

but I will ask the clerk to take the last remaining deposition,

showing how the claimant was convicted of adultery, and read it

to the court.’

Some of the earlier speech-writers made an attempt at character-drawing,

and tried to suit their speeches to the character (ἦθος) of their

clients. In Isaeus this illusion is not maintained; his style varies

somewhat according to the subject, but every speech bears, as Dionysius

observes, the stamp of the professional writer, which must have betrayed

it to the acute perceptions of an Athenian jury.[180] Probably the

accumulated experience of the orators had proved that such attempts at

deception were on the whole useless; for a certain class of client it

would be necessary either to write a bad speech or let it be evident that

the speaker was only a mouthpiece for an advocate cleverer than himself,

and as success in the case was of more importance than artistic illusion,

the proper choice was obvious. The _ethos_ in Isaeus consists not in

making the characters speak as they naturally would have spoken, but in

putting their arguments for them in the way most likely to appeal to

the reason and the feelings of the judges. Experience had further shown

that though, from the lips of a real orator, appeals to sentiment and

passion may have a great effect, such appeals by themselves, unsupported

by argument, or made at an inauspicious moment, may do more harm than

good. An appeal to the reason is always stronger, provided only that the

speaker must avoid giving offence by a too presumptuous bearing.

When the court is already convinced by an argued demonstration of

the justice of the case, an appeal to pity or indignation may be

overpowering; without such preparation it is nothing but a last resort of

weakness.

Isaeus, though he uses such appeals, as indeed he wields every weapon of

the orator’s armoury, uses them with moderation and discernment, showing

in this, as in all his tactics, a sound knowledge of practical utility.

§ 4. _Speeches_

The ‘Life’ by the Pseudo-Plutarch tells us that sixty-four speeches were

attributed to Isaeus, of which fifty were considered genuine. He also

composed an _Art of Rhetoric_. We now possess eleven and a considerable

fragment of a twelfth, and know the titles of forty-two others. The

eleven speeches which are extant all deal directly or indirectly with

inheritances. Six of these are connected with διαδικάσιαι—trials to

decide who is the righteous claimant—and their titles are as follows:—_On

the Estate of Cleonymus_ (Or. i.), date 360-353 B.C.; _On the Estate

of Nicostratus_ (Or. iv.), the date is uncertain—the author of the

‘argument’ asserts, with no plausibility, that Isaeus delivered the

speech in his own person; _On the Estate of Apollodorus_ (Or. vii.),

about 353 B.C.; _On the Estate of Ciron_ (Or. viii.) (_see above_, pp.

108-10), date uncertain, perhaps circa 375 B.C.; _On the Estate of

Astyphilus_ (Or. ix.), date perhaps about 369 B.C.; _On the Estate of

Aristarchus_, date probably between 377 and 371 B.C.

Three speeches deal with prosecutions for false witness in connection

with testamentary cases, viz. _On the Estate of Menecles_ (Or. ii.), date

about 354 B.C.; _On the Estate of Pyrrhus_ (Or. iii.), of uncertain date;

_On the Estate of Philoctemon_ (Or. vi.),—the date of this speech can be

fixed with certainty at 364-363 B.C., as we learn from § 14 that it is

now fifty-two years since the Athenian expedition sailed to Sicily.

Oration v., _On the Estate of Dicaeogenes_, is in an ἐγγύης δίκη,

an action to compel Leochares, who was surety for Dicaeogenes in an

agreement connected with the will of the latter’s cousin, also named

Dicaeogenes, to carry out the contract, since Dicaeogenes, the principal,

is a defaulter. The date can only be fixed by the references to the

death of the testator, who was killed in battle at Cnidos. There are

two engagements which might be referred to, the first in 412 B.C., the

second in 394 B.C. Twenty-two years have elapsed between that event and

the present trial, so the date is either 390 B.C.—many years earlier than

that of any other speech of Isaeus—or 372 B.C.

_On the Estate of Hagnias_ (Or. xi.) is in a prosecution of a guardian

for ill-treatment of his ward under a will.

_For Euphiletus_ (Or. xii.), a considerable fragment preserved by

Dionysius, is the only specimen that we possess of a speech not connected

with a will-case. It refers to an appeal by Euphiletus to a law-court

against the decision of his fellow demes-men, who have struck him off the

roll.

The remaining fragments are hardly important except in so far as

they provide us with the names of several lost speeches. One of them

(frag. 23) contains several sentences repeated verbally from Or. viii.

(_Ciron_), § 28.

The fragment of the speech _For Eumathes_, preserved by Dionysius, has

been referred to above (p. 118).

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