Orationes forenses et acta

 Each one of you has received benefits from him, that having set this forth here with goodwill toward him you might sway the votes, and by showing favo

 Having beset it and stirred herself up to be divinely inspired and worked herself into a bacchic frenzy. now, that the many are deceived by this, i do

 Of her, nor anything else of the things forbidden to me, but which are proclaimed and honored by them. for someone might perhaps excuse him for the fi

 To be enumerated? for divination is for the time being sufficient. but i think, if this had happened before, he would have nobly recorded these things

 Of the difference of theurgies, at the end he adds: one must remove in advance all obstacles to the visitation of the gods and impose a total tranqui

 In these matters i would gladly ask of you, whether it is permitted for a priest to be initiated into such mysteries and to be deemed worthy of such r

 Immediately, therefore, all blushed, or rather, indeed, they shouted with their voices and condemned the leaders of the impiety and named their writin

 Has he discerned? but if indeed the part of the synod has not joined with the senate council nor with the chosen of the nazirites—for this part was no

 Aristotle's theology and the psychogony of plato and the new numbers and the remodeling of doctrines and the expense of the divisible, who of all ever

 What argument is left to you concerning this, or how is it that you dispute with one another over matters of such importance and postpone the decision

 And i gladly admire in you the encomium of the good man in your memorandum. for where he holds on to the whole and bears the burden of common cares, y

 All those, with whom we disagree, have advocated for confusions or divisions. for what do matter and ideas have in common with our doctrines? but sinc

 And of the one who is lifted up and of the one seated on it. know the cherubic and seraphic wings, the perfection of their number, the symbolic coveri

 They have shaken. for if they happened to be uninitiated in our doctrines and completely uninstructed in the mysteries of the spirit, perhaps, having

 For he who receives a prophet will receive a prophet's reward, from the contrary and greater, he who receives an impious man will receive the punishme

 He has despised all things equally, although the law, standing as it were at his ears, cried out: let no one teach or learn profane things. and agai

 He both strung together and vomited up, this twenty-third writing he thinks, or rather he places it between those who were then in every way our own p

 Depicting the madness of nestorian rage. i have left it to you to compare it with the dogmas of the massalians. i brought forth to them from the inner

 The patriarch has acted impiously, clearly and openly. and it is not permitted for any of you who wish, nor for those zealous on his behalf, to defend

 And having brought over certain forces from the west, he stirred them up for war, and they come face to face with each other from both sides. and a fi

 Delaying he is persuaded and is moderate and descends with them. and he dares against two emperors, of whom the one the imperial court held, adorned w

 Being torn apart. but pilate sat judging my divinely-moved emperor, the lord's anointed, who was being considered, not hesitating, not washing his han

 To kill the emperor, unless he came down quickly and bowed his head to him, but he, fearing the tyrannical cruelty and cowering lest he suffer anythin

 An innovative rank and would come to be below. there, then, the morning star raged against the first goodness, but here the evening star has attacked

 Demonic in his life. but again i have turned to you, the judges, and again i ask: has anything been dared by this man or not? you will surely say the

 Then failing to achieve their purpose, they chose to strike and kill. is it not clear to all that, while digging through and breaking into the houses

 Ruin, if he should object saying that he neither urged these things nor wished them, but even punished many of those who dared with all punishments, w

 In the parts on the right, somewhere near the entrance, but you have immediately ascended into heaven on earth itself, as if considering it a terrible

 Disregarding the divine temples, he was destroying them? and he did not cease, piling one on top of another and making them abandoned ruins. for not o

 Leaning together walls collapsed together with their icons and statues. and everything was as if in a great earthquake, the air being darkened, the e

 And the remains of the apostle luke are burned by fire and reduced to dust. i fear that the bodies of martyrs also lay here. i am afraid that some of

 I shall grant you this also. he had no need, it is true, of the burial robes. i admit it, since they had all already decayed. but he did have need of

 Let us not even examine the scene after that, but let these things be considered by him as theaters and hunts. but where the mercy-seat is, and around

 Seeing what was happening was exulting and rejoicing, like of old the whelp of the beast, i mean the one from isauria. but you consider for me what a

 Fire was burning us and the zeal of the lord was consuming us, long ago the man would have perished, or rather, he would not even have had access to t

 To me the macedonian, to the right the spear, at a walk the half-file leader, captain, wheel around. and nothing new nor incredible for one who has

 I pray with the high priest, but the mixture and the sheath which has grown with us turns the mind, being raised aloft, back toward itself. therefore

 He would trace his genealogy from cronus and rhea and from those even further back, i mean hericapaeus and phanes and that orphic night and he traced

 And the same color over all, none of which moved or influenced him? but never to converse even with the more divine words nor to unroll any tablet, th

 The emperor's treasury is not supplied only from mines nor from the recesses of the earth, nor do tributes alone fill it, nor contributions from land

 And to speak of the audacity, or rather—but how could i speak, intertwining things?—and the diligently pursued plot, through which almost everything w

 Granting that you may meet with more benevolent judges above. and then the drink of deposition here will truly appear to you as a purification. and ma

 Suspicious to many. but if he has nothing in common with the one he has chosen to accuse, nor has anything come between them, it is somehow still unac

 They anticipate my tongue, scattering against me the things they did wrong on account of their own greed, and i confidently awaited the court, as one

 To vote against a priest on the spot the penance exceeds all punishment the examination and the penance must proceed canonically. and, as it seems,

 Of the whole age, an unbeliever, so that i may speak truly, to believe against a believer? for this would be far from reason and thought. for where we

 But i, but what might i say about this? he living the life of a private citizen, but i clothed in the high-priestly vestment. and such a man is agains

 With misfortunes and your example, for the sake of argument, let someone come forward as a condemned man to have his neck cut. and let the sword be ha

 Do you receive? for the pardon testifies that the deposition did not seem so even to himself. for if, according to you, it is like a cutting off, what

 Is the cause the comparison of the matter to a beheading? for from this, one absurdity having been granted, these many nonsensical things were consequ

 An evil tale about me for years, leave me to my former wounds, do not card new ones upon me. so may the lord heal you, if indeed there is anything in

 This is the law of accusation and defense, and from this the precise examination of matters is found. but he introduced a new kind of writing into the

 Of voice, for not even this is unworthy of the art, and with a rhythmic turn of the tongue, you perhaps might only approach him, you who indeed gaped

 Has been debarred from studies? but for you in deep old age, what share is there of education? who of all people has known you, as far as i know, afte

 Which they say came into being of their own accord. but these things are not acceptable to you, and for this reason we shall laugh at you again, havin

 Ever, not in courts, not in counsels, not in public, not in private. for this was not even without accusation, but the speech had some defense. from w

 And the nature of fire did not burn, and the steep rock sent forth springs, and the wood here sweetened the bitterness, and there lightened the heavy

 Did he transcend this time? and it is likely, o best one, for christ possessed a nature more free even according to human standards. whether, then, th

 From himself, having allotted a great portion of reason to his soul this man, therefore, having long ago established for himself a little adopted dau

 A contest, but more brilliant was the victory of elpidius, and he went away having overcome the vestarches by all votes and crowning himself with the

 Receiving. when the most compassionate soul heard this supplication, since she also knew the circumstances concerning the bestarches, and that for man

 I will let my tongue go from forbidden deeds. and first i shame myself relating unspeakable and improper things, since i will also become a stumbling

 The amounts owed will be reckoned against each other, and the fine will be reckoned to elpidios in place of the protospatharios's fee, and the protosp

 Having received a seaside property from him, i give back to him in exchange a mainland one as a permanent dwelling by gift. but the kalai property was

 Most complete, not measured by time, not defined by partial successions nor by these alienations or those, but eternal, sufficient for all successions

 Indicating by the documents, which it is also necessary to go through in order. and so that we may make the summaries concise, and not, by going throu

 At that time for the ruler to ratify to her through a gift of a golden bull the property which he had previously granted to the man, not having been i

 But the rest testified that they themselves were not present at such a sale, but had heard from the subscribing witnesses in the confirmatory document

 He marveled at our western setting sun as a morning sunrise, and with the unspeakable pangs of his soul he discerned the ineffable will of god concern

 On both sides the gift is valid for those who received it from there. for the estate was perhaps of the daughters of nicholas’s wife through paternal

 Harmony, who of all could dissolve such a great bond, or rather these wonderful and in reality altogether indissoluble connections? for the first and

 He has made known by an agreement to whom indeed you also entrusted everything under oath and, whatever they themselves should do, you have promised

 Emperor of the romans, doukas. konstantinos, in christ the god faithful emperor of the romans, doukas. ioannes, most humble archbishop of constantinop

demonic in his life. But again I have turned to you, the judges, and again I ask: has anything been dared by this man or not? You will surely say the former. What then is the audacity? Is it an act of hubris that slightly oversteps the boundaries? But a blow, but an unjust excommunication? But what in the world is the deed that has been done? If you are ashamed of the name, state the action. He brought down an emperor from his throne. For let it be granted and conceded that he was making a truce with our great emperor; for a time, at least, he raged against the other. This, then, for him is a consecration. Then indeed he threatened some, and showed others to be more venerable with honors, and destroyed the houses of others. This is indeed sufficient tyranny, even if you yourselves do not wish to say so. But if some high priest should be convicted of consecration and tyranny, must one permit him to hold the divine things in his hand, and not depose him immediately? No one of sound mind would say so. But if not, let the laws be abolished, and let the canons be slandered, and let all things be thrown into confusion, and let there be no distinction or division of things long since distinguished. I wished, therefore, to provide more elaborations to the argument and to bring forward many priestly laws, and more civil ones too, which are applicable here and have nothing ambiguous. But since the crime has nothing hidden, and the one who hears the name does not dispute the punishment, for these reasons I have made my words plain, so that they may have their force from themselves, and not from external complexities. These two crimes, therefore, about which we have already spoken, are each distinct from one another; and no one would set the one forth as a genus and subordinate the other as a species, nor would one make the one the cause of the other. But that for which we now indict the high priest, one could not at all separate from the second. For we bring a charge of murder against him, or rather of many murders, even if he did not kill with his own hands, nor dip the edge of the sword for the slaughter, nor pierce the breast with a spear. For not only is this man a murderer, but also anyone who has plotted, or has incited, or has had a murderous disposition. And I am not saying these things, making definitions, nor am I the first to legislate on the matter, nor do I make a contribution of new laws, but I use those that exist and I move my tongue in accordance with them. And so that I do not enumerate all of them, there is a certain law defining thus: "In crimes, not the deed, but the disposition is considered." And again another speaking thus: "It makes no difference to have murdered and to have provided a cause for murder." And again another: "He who has ordered a murder is judged a murderer." Consider, therefore, whether according to all these the master will fall under the charge of murder. And bear with me for a little while as I set forth the argument and trace it back to its beginning. If, therefore, as soon as he had tyrannized, he had done nothing more, but rather, feigning moderation, for a time deceived those tyrannized by exalting them with gifts and dignifying them with honors and leading them on with a pretense of goodwill, perhaps he would have been convicted of the one, but escaped the other, and would have been a tyrant, but not a murderer. But since he thought he could not otherwise have attained the dignity and subjected everyone, unless he destroyed some, and brandished the fear of dangers over others, and tore apart the houses of others, and beset others with other evils. For these reasons he has been convicted of all charges, of all crimes; and no one could acquit him of murder, even if he is thoroughly trained in contradictions. If, then, <no one> of those who were tyrannized has been murdered, nor has any murder at all been dared, let the high priest also be acquitted of the offense. But if many have fallen in those two days—for if those days had not been shortened, no flesh would have lived, and channels of blood flowed through the whole city. I ask, who are the ones who have dared these things? A rabble crowd, you will say, and murderous. But again I will ask, whether they rushed first for this very thing, to murder, or wishing to do something else,

βίῳ δαιμόνια. Ἀλλὰ πάλιν πρὸς ὑμᾶς ἐπέστραμμαι τοὺς δικάζοντας καὶ αὖθις ἀπανερωτῶ· πότερον τετόλμηταί τι τούτῳ ἢ οὔ; πάντως ἐρεῖτε τὸ πρότερον. τί οὖν ἡ τόλμα; πότερον ὕβρις βραχύ τι τοὺς ὅρους ὑπερβαίνουσα; ἀλλὰ πληγή, ἀλλ' ἀφορισμὸς ἄδικος; ἀλλὰ τί ποτε τὸ πεπραγμένον ἐστίν; εἰ δὲ τὸ ὄνομα ἐπαισχύνεσθε, ἐρεῖτε τὴν πρᾶξιν. κατήνεγκε βασιλέα τοῦ θρόνου. δεδόσθω γὰρ καὶ συγκεχωρήσθω, ὡς σπενδόμενος ἦν τῷ μεγάλῳ ἡμῶν αὐτοκράτορι· τέως γοῦν κατὰ θατέρου λελύττηκε. τοῦτο οὖν αὐτῷ καθοσίωσις. εἶτα δὴ τοῖς μὲν ἠπείλησε, τοὺς δὲ τιμαῖς σεμνοτέρους ἀπέδειξε, τοῖς δὲ τὰς οἰκίας κατέστρεψε. τοῦτο δὴ τυραννὶς ἀποχρῶσα, κἂν αὐτοὶ λέγειν μὴ βούλησθε. εἰ δέ τις ἀρχιερεὺς καθοσιώσεως καὶ τυραννίδος ἁλοίη, τοῦτον ἐᾶν δεῖ καὶ τὰ θεῖα διὰ χειρὸς ἔχειν, ἀλλὰ μὴ εὐθὺς καθαιρεῖν; οὐδεὶς ἂν εἴποι τῶν εὐφρονούντων. εἰ δὲ μή, ἀνῃρήσθωσαν μὲν οἱ νόμοι, κανόνες δὲ διαβεβλήσθωσαν καὶ συγκεχύσθω τὰ πάντα καὶ μηδεμία τις ἔστω τῶν πάλαι διῃρημένων διαστολὴ καὶ διαίρεσις. ἐβουλόμην μὲν οὖν ἐπεξεργασίας τῷ λόγῳ παρασχεῖν πλείονας καὶ πολλοὺς μὲν κινῆσαι νόμους ἱερατικούς, πλείους δὲ καὶ πολιτικοὺς αὐτόθεν ἐγκειμένους καὶ μηδὲν ἀμφίβολον ἔχοντας. ἐπεὶ δ' οὐδὲν ἐγκεκαλυμμένον ἔχει τὸ ἔγκλημα καὶ ὁ ἀκούσας τοὔνομα οὐ διαμφισβητεῖ πρὸς τὴν τιμωρίαν, διὰ ταῦτα ἀπεριέργους τοὺς λόγους ἐποιησάμην, ἵν' ἀφ' ἑαυτῶν, ἀλλὰ μὴ τῶν ἔξωθεν περιπλεκομένων, τὸ ἰσχυρὸν ἔχωσι. Τὰ μὲν οὖν δύο ταῦτα ἐγκλήματα, περὶ ὧν εἰρήκαμεν φθάσαντες, καθ' ἑαυτὸ ἕκαστον ἀπ' ἀλλήλων διῄρηνται· καὶ οὔτε τις τὸ μὲν ὡς γένος προτάξειε, τὸ δὲ ὡς εἶδος ὑποβιβάσειεν οὔτε θάτερον θατέρου ποιήσαιτο αἴτιον. οὗ δὲ νῦν τὸν ἀρχιερέα γραφόμεθα οὐ πάνυ τι τοῦ δευτέρου ἀλλοτριώσειε. φόνου γὰρ αὐτῷ αἰτίαν ἐπάγομεν, μᾶλλον δὲ φόνων πολλῶν, εἰ καὶ μὴ ταῖς χερσὶν ἀνεῖλεν αὐτὸς μηδὲ τὴν τομὴν τοῦ ξίφους ἐπὶ τὴν σφαγὴν ἔβαψε μηδὲ τῷ δόρατι τὰ στέρνα διαντετόρησεν. οὐ γὰρ τοῦτο μόνον φονεύς, ἀλλὰ κἂν εἴ τις ἐβούλευσε, κἂν προὔτρεψε, κἂν φονικὴν ἔσχε διάθεσιν. καὶ οὐκ ἐγὼ ταῦτα λέγω διοριζόμενος οὐδὲ πρώτως τὸ πρᾶγμα νομοθετῶ οὐδὲ καινῶν νόμων ποιοῦμαι συνεισφοράν, ἀλλὰ τοῖς οὖσι χρῶμαι καὶ πρὸς ἐκείνους τὴν γλῶτταν κινῶ. καὶ ἵνα μὴ τοὺς πάντας διαριθμῶμαι, ἔστι τις νόμος οὕτω διοριζόμενος· "ἐν τοῖς ἐγκλήμασιν οὐ τὸ γεγονός, ἀλλ' ἡ διάθεσις σκοπεῖται." καὶ αὖθις ἕτερος οὕτω φθεγγόμενος· "οὐδὲν διαφέρει τὸ φονεῦσαι καὶ τὸ παρασχεῖν αἰτίαν φόνου." καὶ αὖθις ἄλλος· "ὁ ἐντειλάμενος φονεῦσαι φονεὺς κρίνεται." σκοπεῖτε τοίνυν, εἰ κατὰ πάντας τούτους τῷ φονικῷ ὁ δεσπότης ὑποπεσεῖται ἐγκλήματι. καί μου μικρὸν ἀνάσχεσθε προκαθιστάντος τὸν λόγον καὶ εἰς ἀρχὴν ἀναφέροντος. εἰ μὲν οὖν, ὡς ἔφθη τυραννήσας, οὐδέν τι πλέον περιειργάσατο, ἀλλ' ἐπιείκειαν μᾶλλον ὑποκρινόμενος μέχρι τινὸς τοὺς τυραννουμένους ἠπάτησε δώροις ἀγάλλων καὶ σεμνύνων τιμαῖς καὶ εὐνοίας ὑπαγόμενος πλάσματι, τάχα τοῦ μὲν ἥλω, τὸ δὲ ἐκπέφευγε, καὶ ἦν ἂν τύραννος μέν, φονεὺς δ' οὔ. ἐπεὶ δ' ἄλλως οὐκ ᾤετο δεῖν τετυχηκέναι τοῦ ἀξιώματος καὶ πάντας ὑπαγαγεῖν, εἰ μὴ τοὺς μὲν ἀνέλοι, τοῖς δὲ φόβον ἐπισείσοι κινδύνων, τῶν δὲ τὰς οἰκίας διασπαράξειε καὶ ἄλλους ἄλλοις περιβάλοι κακοῖς. διὰ ταῦτα πάσαις μὲν αἰτίαις, πᾶσι δὲ ἥλω ἐγκλήμασι· καὶ οὐδεὶς ἂν αὐτὸν ἐξαιρήσηται φόνου, εἰ καὶ πάνυ πρὸς τὰς ἀντιλογίας γεγύμνασται. εἰ μὲν οὖν <οὔ τις> τῶν τετυραννευμένων πεφόνευται οὐδέ τις ὅλως φόνος τετόλμηται, ἔστω καὶ ὁ ἀρχιερεὺς ἐξῃρημένος τοῦ ἀτοπήματος. εἰ δὲ πολλοὶ τῶν δυοῖν ἐκείνων πεπτώκασιν ἡμερῶν-εἰ μὴ γὰρ ἐκολοβώθησαν αἱ ἡμέραι αἱ ἐκεῖναι, οὐκ ἂν ἔζησε πᾶσα σὰρξ καὶ ἐρρύησαν ὀχετοὶ αἵματος διὰ πάσης τῆς πόλεως. ζητῶ, τίνες οἱ ταῦτα τετολμηκότες; συρφετώδης ὄχλος, ἐρεῖτε, καὶ φονικός. ἀλλ' αὖθις ἐρήσομαι, πότερον ἐπ' αὐτὸ τοῦτο πρῶτον, τὸ φονεύειν, ὡρμήκασιν ἢ ἄλλο τι δρᾶσαι βουλόμενοι,