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

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 of some, with the guards trying to stop and fighting against them, one man was cutting them down with axes, another struck with swords, another wounded with hatchets, and they lay mixed together, one with his head crushed, another pierced through the ribs, and another with his legs broken, and yet another killed in this way or that? And who was the one ordering the houses to be demolished? Was it not the great father and the disciple of the peaceful one? If, therefore, he urged them to tear down the houses, and murders were dared by those undertaking it, is he then the first murderer and is the reasoning true? And I would argue, to an exaggerated degree, that even if no murder was dared and no one was struck on the right hand, he would have been liable for the charges of murder. "In crimes," for the law says, "not the deed, but the disposition is considered." Therefore, at the same time he urged and he had a murderous disposition. And he who was a murderer by disposition even if no murders occurred, with so much blood having been shed, how could he not inherit this name? And just as one might call saviors even those only attempting the deed, even if the work did not follow, so indeed one might call murderers even those who only provided the cause of the murder and demonstrated a murderous disposition. How then does the law and the truth of the matter characterize murderers even from their intent alone, but we shall exempt from the designation and acquit from the charge those who have both committed other acts and all but personally carried out the slaughter? For consider. When he was urging the band of robbers to run down the city and to bring axes or fire to the houses of the disobedient, did he know that they would stand against them and act in opposition, or was he so insensitive about these things? Since, therefore, he knew this, he also understood what would follow from it: the release of arrows, the blows from swords, the volleys of stones; he knew these things and the results from them. If, therefore, the first impulse has become the cause of all these things, the one who gave that impulse would be the more responsible and the primary cause of the whole affair. And when he saw some bearing iron and fencing themselves in on all sides with defensive armor and having a sword slung and carrying a spear in the right hand, did he not know that these men would be sent as if to war? Therefore, just as if he had sent them out to bathe or to dine, he would surely not have been ignorant that they would take off their clothing and wash and cleanse themselves and would taste the things set before them and be filled with perfume, so sending them to war he expected them to strike, and in turn also to be struck, to hurl a stone and to thrust a spear and to shoot an arrow and to bring down a sword and to cut with a dagger and to do the other things, as many as are accustomed to cause slaughter and murder. Therefore, just as, if he had not permitted the multitude, and had placed the blessing by means of his hands, none of the most dreadful things would have happened, so by granting these things he would be most responsible for what came of them. But suppose he was neither urging nor aware of anything that was happening, but rather even restraining and threatening the audacious ones, he is a murderer again, whether he wishes it or not. For just as if someone once having fallen into a wild fig tree and a bramble bush—these being plants that have blossomed with thorns and grown long branches—the more he tries to free himself from the thorns, the more he entangles himself in them and would not easily get away from there, so he who gives himself to the beginnings of affairs which have much momentum and commotion from them, if after this he should turn away the commotion, even if he should prevent it, he will still bear the blame for the affair. Is it not so then that if someone chose to be a tyrant, and then was caught and judged not only on the charges of tyranny, but also on what followed from it, I mean murders and abductions and

εἶτα μὴ τυγχάνοντες τοῦ σκοποῦ παίειν καὶ φονεύειν προείλοντο. οὐ πᾶσι δῆλον, ὅτι τὰς ἐνίων οἰκίας διορύττοντες καὶ ἀναμοχλεύοντες τῶν φυλάκων ἀνειργόντων καὶ διαμαχομένων, ὁ μέν τις αὐτοὺς ἀξίναις διῄρει, ὁ δὲ ξίφεσιν ἔπληττεν, ὁ δὲ πελέκεσι κατετίτρωσκε, καὶ ἔκειντο ἀναμίξ, ὁ μὲν διηλοημένος τὴν κεφαλήν, ὁ δὲ τὰ πλευρὰ διορωρυγμένος καὶ ἄλλος τὰ σκέλη κατεαγὼς καὶ ἕτερος οὕτως ἢ ἐκείνως ἀνῃρημένος. τίς δὲ ὁ τὰς οἰκίας συγκαταστρέφειν ἐγκελευόμενος; οὐχ ὁ μέγας πατὴρ καὶ τοῦ εἰρηνικοῦ μαθητής; εἰ τοίνυν ὁ μὲν τοὺς οἴκους προὔτρεπε καθελεῖν, τῶν δὲ ἐπιχειρούντων οἱ φόνοι τετόλμηντο, οὗτος ἄρα ὁ πρῶτος φονεὺς καί ὁ συλλογισμὸς ἀψευδής; ἐγώ δὲ διϊσχυρισαίμην ἂν καθ' ὑπερβολὴν λόγου, ὡς, εἰ καὶ μηδεὶς ἐτολμήθη φόνος μηδέ τις ἐπλήγη τὴν δεξιάν, φονικοῖς οὗτος ὑπεύθυνος καθεστήκοι ἐγκλήμασιν. "ἐν τοῖς ἐγκλήμασι", γάρ φησιν ὁ νόμος, "οὐ τὸ γεγονός, ἀλλ' ἡ διάθεσις σκοπεῖται." ὁμοῦ τε τοιγαροῦν προὔτρεπε καὶ φονικὴν διάθεσιν ἔσχηκεν. ὁ δὲ μὴ φόνων γενομένων φονεὺς ἐκ διαθέσεως γεγονὼς τοσούτου ῥυέντος αἵματος, πῶς οὐχὶ τούτου κληρονομήσειε τοῦ ὀνόματος; καὶ ὥσπερ σωτῆρας ἄν τις καλέσειε καὶ τοὺς ἐπιβαλλομένους μόνον τῷ πράγματι, εἰ καὶ μὴ τὸ ἔργον ἐπηκολούθησεν, οὕτω δὴ φονέας ἄν τις εἴποι καὶ τοὺς τὴν αἰτίαν μόνην παρεσχηκότας τοῦ φόνου καὶ φονικὴν ἐπιδειξαμένους διάθεσιν. Πῶς οὖν ὁ μὲν νόμος καὶ ἡ τῶν πραγμάτων ἀλήθεια τοὺς φονεῖς καὶ ἀπὸ τῆς γνώμης μόνης χαρακτηρίζει, ἡμεῖς δὲ τοὺς καὶ τἆλλα διαπεπραχότας καὶ μονονοὺκ αὐτουργήσαντας τὴν σφαγὴν τῆς κλήσεως ἐξαιρήσομεν καὶ ἀφήσομεν τοῦ ἐγκλήματος; σκοπεῖτε γάρ. προτρέπων ἐκεῖνος τῷ λῃστηρίῳ καταδραμεῖν τὴν πόλιν καὶ τοῖς τῶν ἀπειθούντων οἴκοις ἀξίνας ἢ πῦρ ἐμβαλεῖν, ἆρά γε ᾔδει αὐτοὺς ἀντιστησομένους ἐκείνοις καὶ ἀντιπράξοντας ἢ οὕτω περὶ τούτων ἀναισθήτως διέκειτο; ὁπότε τοίνυν τοῦτο ἠπίστατο, καὶ τὰ ἐντεῦθεν συνῄδει, βελῶν ἀφέσεις, τὰς διὰ ξιφῶν πληγάς, τὰς διὰ λίθων βολάς· ᾔδει ταῦτα καὶ τὰ ἐντεῦθεν ἀποτελέσματα. εἰ τοίνυν ἡ πρώτη κίνησις τούτων ἁπάντων αἰτία καθέστηκεν, ὁ δοὺς ἐκείνην αἰτιώτερος ἂν εἴη καὶ τῶν ὅλων πρωταίτιος. ὁπότε δὲ καὶ σιδηροφοροῦντας ἑώρα ἐνίους καὶ σκεπαστηρίοις ὅπλοις πάντοθεν ἑαυτοὺς περιφράττοντας καὶ ξίφος μὲν διηγκυλισμένους, δόρυ δὲ τῇ δεξιᾷ περιφέροντας, οὐχ ὡς πρὸς πόλεμον ᾔδει τούτους πεμφθήσεσθαι; ὥσπερ τοίνυν εἰ λουσομένους ἐξέπεμψεν ἢ θοινησομένους, οὐκ ἂν πάντως ἠγνόησεν, ὡς περιδύσονται μὲν τὴν ἐσθῆτα ἀποπλύνειάν θ' ἑαυτοὺς καὶ ἀποκαθάρειαν καὶ ἀπογεύσονται μὲν τῶν παρακειμένων καὶ τοῦ ἀνθοσμίου ἐμφορηθήσονται, οὕτως εἰς πόλεμον ἀφιεὶς πλῆξαί τε προσεδόκα, ἐν μέρει δὲ καὶ πληγήσεσθαι λίθον τε ἀκοντίσαι καὶ δόρυ ὠθῆσαι καὶ βέλος ἀφεῖναι καὶ ξίφος κατενεγκεῖν καὶ μαχαίρᾳ τεμεῖν καὶ τἆλλα δρᾶσαι, ὁπόσα σφαγὰς καὶ φόνους ποιεῖν εἴωθεν. ὥσπερ οὖν, εἰ μὴ τοῖς πολλοῖς ἐφίει, καὶ τὴν διὰ τῶν χειρῶν ἐπιτιθεὶς εὐλογίαν οὐκ ἂν οὐδὲν τῶν ἀτοπωτάτων ἐγένετο, οὕτως ταῦτα διδοὺς τῶν ἐντεῦθεν εἴη ἂν αἰτιώτατος. ἀλλὰ μήτε προτρέπων εἴη μήτε τι τῶν γινομένων συνεπιστάμενος, μᾶλλον μὲν οὖν καὶ ἀπείργων καὶ τοῖς τολμητίαις διαπειλούμενος, φονεὺς καὶ αὖθις, κἂν βούληται κἂν μὴ βούληται. ὥσπερ γὰρ εἴ τις ἅπαξ εἰς ἐρινεὸν καὶ βάτον ἐμπεπτωκώς-φυτὰ δὲ ταῦτα ἀκάνθαις ἐξηνθηκότα καὶ ἐπιμήκεις τοὺς κλάδους βλαστάνοντα-ὅσῳπερ ἂν ἀπολύειν ἑαυτὸν ἐπιχειρῇ τῶν ἀκανθῶν, τοσούτῳ προσπεριπλέκει ἑαυτῷ ταῦτα καὶ οὐκ ἂν ῥᾷστα ἐκεῖθεν ἀπαλλαγείη, οὕτως ὁ πραγμάτων ἀρχαῖς ἑαυτὸν ἐπιδοὺς πολλὴν ἐχούσαις ἐντεῦθεν φορὰν καὶ συγκίνησιν, εἰ μετὰ ταῦτα τὴν συγκίνησιν ἀποτρέποι, εἰ κἂν ἀπείρξῃ, καὶ τὴν αἰτίαν ἕξει τοῦ πράγματος. ἆρ' οὖν εἴ τις ἕλοιτο τυραννεῖν, εἶτα δὴ ἁλοίη καὶ κρίνοιτο οὐκ ἐπὶ ταῖς τυραννικαῖς μόνον αἰτίαις, ἀλλὰ καὶ τοῖς ἐκεῖθεν, φόνοις φημὶ καὶ ἀπαγωγαῖς καὶ