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Theophrastus · Fragments §101.1

Grounds for Impeachment and Penalties for Prosecutors

Passage 106 of 196 · Greek

Summary

This passage details the legal grounds for impeachment (eisangelia) in Athens, the penalties for unsuccessful prosecutors, and the discrepancy between the testimonies of Hyperides and Theophrastus.

§101.1Fr. 101 Ἐγίγνοντο δὲ καὶ εἰσαγγελίαι κατὰ τῶν καταλυόντων τὸν δῆμον ῥητόρων ἢ μὴ τὰ ἄριστα τῷ δήμῳ λεγόντων ἢ πρὸς τοὺς πολεμίους ἄνευ τοῦ πεμφθῆναι ἄπει θόντων ἢ προδόντων φρούριον ἢ στρατιὰν ἢ ναῦς, ὡς ἐν τῷ περὶ νόμων.
Fr. 101 And impeachments were also brought against politicians who attempted to overthrow the democracy, or who did not speak what was best for the people, or who went off to the enemy without being sent, or who betrayed a garrison, an army, or ships, as is recorded in the work On Laws.
Ὅτι δὲ ὁ εἰσαγγείλας καὶ οὐχ ἑλὼν ἀζήμιος ἦν Ὑπερείδης ἐν τῷ ὑπὲρ Λυκόφρονός φησι· καίτοι γε ὁ Θ. τοὺς μὲν ἄλλας γραφὰς γραψαμένους χιλίας τʼ ὀφλισκάνειν εἰ τοῦ πέμπτου τῶν υψήφων μὴ καταλάβοιεν καὶ προσατιμοῦσθαι, τοὺς δὲ εἰσαγγέλλοντας μὴ ἀτιμοῦσθαι μὲν, ὀφλεῖν δὲ τὰς χιλίας.
But regarding the fact that the one who brought an impeachment and did not secure a conviction was unpunished, Hyperides says in his speech For Lycophron; and yet Theophrastus says that those who brought other public indictments were fined a thousand drachmas if they did not obtain a fifth of the votes, and in addition suffered disenfranchisement, whereas those who brought impeachments did not indeed suffer disenfranchisement, but were fined the thousand drachmas.

Notes

  1. 101.1ἄπει θόντων — The manuscript reading ἄπει θόντων (or ἀπειθόντων, "disobeying") is likely a corruption of ἀπελθόντων, meaning "having gone off (to the enemy) without being sent." This refers to one of the major offenses subject to impeachment (eisangelia) in Athens.
  2. 101.1οὐχ ἑλὼν — The active aorist participle of αἱρέω, which in a forensic context means "to convict (the defendant)" or "to win the prosecution." Thus, οὐχ ἑλὼν refers to a prosecutor who "did not secure a conviction" or failed to win the case.
  3. 101.1καίτοι γε ὁ Θ. — Θ. is an abbreviation for Theophrastus (Θεόφραστος). The series of infinitives in this sentence (ὀφλισκάνειν, προσατιμοῦσθαι, ὀφλεῖν) are used in indirect discourse to present Theophrastus' contrasting account, with a verb of saying (such as φησι) implied.
  4. 101.1υψήφων — The manuscript reading υψήφων is a scribal corruption of τῶν ψήφων ("of the votes"). Together with the preceding words, τοῦ πέμπτου τῶν ψήφων means "a fifth of the votes," which was the minimum proportion of votes required for a prosecutor to avoid penalties in Athenian public actions.

Cite this passage

Theophrastus, Fragments §101.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0093.tlg010x09.humanitext-grc1:101.1

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