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

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 protospatharios's fee will be reckoned to the bestarches in place of the fine, and the so-called exchange will proceed for both parties. But since the exchange of the fine for the protospatharios's fee is not equal, for the one happens to be fifteen pounds, while the protospatharios's fee was originally agreed upon at twenty pounds, five pounds should have been given in addition to the bestarches by Elpidios, so that the counter-measurement might be equal. But the court, with a merciful judgment, sided with Elpidios, and forgave him the five pounds, on the condition that he too not seek to take back double the earnest-money, which he says he had given to his betrothed when the contract was made, to whatever amount they might come. And so that the things determined by our holy lady and empress and approved and declared by us might be clear, the present memorandum was issued, in the month of August, of the 9th indiction, in the year 6564. Lord Jesus Christ, remember the soul of your servant. 5 αξτῃμ 2 By the same, as from the person of the emperor. An emperor is a thing of every kind and much-beloved and an example sufficient for all, and now like a sea receiving streams from all directions, now like a source and spring of moisture everywhere, flooding all with his streams, and again like a mirror receiving the rays from without and, on account of the brilliance and smoothness of his magnificent and imperial soul, making superior reflections. And the one who is true and does not falsify his name also has a resemblance to our composite mixture. For just as soul and body exchange their own properties with each other—and the body lives on account of the soul, while the soul suffers on account of the body—, so indeed a good emperor, being compassionate and philanthropic, extends his right hand to his subject and gives manifold portions of what he receives. And if by his choice he should overcome the nature of the transaction, he places both what was received on the same scale and exchanges the generosity of the one sharing and makes the transaction more brilliant, with those from whom he had taken nothing, filling both himself with goodness and the one transacting with prosperity. Now, whether I am such in all things, another might say and testify to the facts; but concerning the underlying matter, I myself will boast a little in my account. At Kalai, the place opposite the city and separated by the narrow sea, a beautiful suburban estate has been established, in truth verifying its name. For near the city and before it, it received its building and structure. But its name has been solecized and instead of the beautiful, it has been named Kalai. For since the place has, as it were, a paternal soil in "kalai," it wishes to take after its father in name too and has imitated Attic examples. For among them too there is the city Athens and the city Thebes and the city Eleutherai. This very beautiful little property a beautiful and good nature possessed, the protoproedros Constantine and droungarios of the Vigla, seeing that he was becoming more beautiful than himself day by day and adding certain additions to his virtues, and he was always contriving better things than his existing properties. What then after this? My majesty desires this beautiful property, not as having cast an envious eye on the thing nor being captured by its charms, but dealing with another matter through this. I therefore communicate this prudent desire to the man and I form a partnership with him and attempt to make a transaction, and I am eager to give to the owner more than what I shall receive. And he does not oppose in any way, but he even welcomes the arrangement and considered the partnership of my majesty a greater favor in place of the other favor. And

ἀντιλογισθήσονται ἑκατέροις τὰ κεχρεωστημένα, καὶ τὸ μὲν πρόστιμον ἀντὶ τῆς τιμῆς τοῦ πρωτοσπαθαράτου τῷ Ἐλπιδίῳ, ἡ δέ γε τιμὴ τοῦ πρωτοσπαθαράτου ἀντὶ τοῦ προστίμου τῷ βεστάρχῃ λογισθήσεται, καὶ ὁ καλούμενος ἀντέλλογος ἐπ' ἀμφοῖν προβήσεται τοῖν μεροῖν. ἐπεὶ δὲ μὴ ἴση ἡ τοῦ προστίμου πρὸς τὴν τιμὴν τοῦ πρωτοσπαθαράτου ἀντίδοσις, τὸ μὲν γὰρ δεκαπέντε λιτρῶν τυγχάνει, ἡ δὲ τοῦ πρωτοσπαθαράτου τιμὴ ἀντὶ λιτρῶν εἴκοσι συμπεφώνηται τὸ κατ' ἀρχάς, πέντε λίτρας ἔδει προσεπιδοθήναι τῷ βεστάρχῃ ἀπὸ τοῦ Ἐλπιδίου, ὅπως ἂν ἴση ἡ ἀντιμέτρησις γένοιτο. ἀλλὰ τό γε δικαστήριον φιλοίκτῳ γνώμῃ τῷ Ἐλπιδίῳ προσέθετο, καὶ τὰς πέντε λίτρας ἀφῆκεν αὐτῷ, ἐφ' ᾧ μηδὲ τοῦτον διπλοῦς ἐπιζητεῖν τοὺς ἀρραβῶνας ἀναλάβεσθαι, οὓς τῇ μνηστῇ δεδωκέναι φησὶ γινομένου τοῦ συναλλάγματος, εἰς ὅσην δ' ἂν περισταῖεν ποσότητα. Καὶ ἵνα δῆλα εἴη τὰ παρὰ τῆς ἁγίας ἡμῶν δεσποίνης καὶ βασιλίδος διορισθέντα καὶ παρ' ἡμῶν δοκισμασθέντα καὶ ἀποφανθέντα, τὸ παρὸν ὑπόμνημα ἀπελύθη, μηνὶ αὐγούστῳ, ἰνδικτιῶνος θʹ, ἔτους, ϛφξδʹ. Κύριε Ἰησοῦ Χριστὲ μνησθῆτι τῆς ψυχῆς τοῦ δούλου σοῦ. 5 αξτῃμ 2 Τοῦ αὐτοῦ ὡς ἀπὸ προσώπου τοῦ βασιλέως. Παντοδαπόν τι χρῆμα καὶ πολυέραστον βασιλεὺς καὶ πᾶσιν ἀποχρῶν παράδειγμα, καὶ νῦν μὲν ὥσπερ θὰλασσα τὰ πανταχόθεν δεχόμενος ῥεύματα, νῦν δὲ ὥσπερ ἀρχὴ καὶ πηγὴ τῆς ἁπανταχοῦ νοτίδος πάντας ἐπικλύζων τοῖς νάμασι, καὶ αὖθις ὥσπερ κάτοπτρον τὰς ἔζωθεν αὐγὰς εἰσδεχόμενος καὶ διὰ τὴν στιλπνότητα καὶ λειότητα τῆς μεγαλοπρεποῦς καὶ βασιλείου ψυχῆς ἀντανακλάσεις ποιούμενος κρείττονας. ἔχει δὲ καὶ πρὸς τὸ ούνθετον ἡμῶν κρᾶμα ὅ γε ἀληθὴς καὶ μὴ ψευδόμενος τοὔνομα ὁμοιότητος. ὥσπερ γὰρ ψυχὴ καὶ σῶμα ἀνταλλάττονται ἀλλήλοις τὰς ἑαυτῶν ἰδιότητας-καὶ ζῇ μὲν τὸ σῶμα διὰ ψυχήν, πάσχει δὲ ἐκείνη διὰ τὸ σῶμα-, οὕτω δὴ καὶ βασιλεὺς ἀγαθὸς ἅτε δὴ κοινοπαθὴς καὶ φιλάνθρωπος δεξιὰν χεῖρα τείνει πρὸς τὸν ὑπήκοον καὶ δίδωσιν ὧν λαμβάνει πολλαπλασίας μερίδας. εἰ δὲ νικῴη τῇ προαιρέσει τὴν φύσιν τοῦ συναλλάγματος, εἰς τὴν αὐτὴν πλάστιγγα καὶ τὸ ληφθὲν τίθησι καὶ τοῦ κοινωνικοῦ τὸ φιλότιμον ἀνταλλάττεται καὶ ποιεῖται λαμπρότερον τὸ συνάλλαγμα, οἷς οὐδὲν εἰλήφει, ἑαυτόν τε πληρῶν ἀγαθότητος καὶ τὸν συναλλάσσοντα ὀλβιότητος. Εἰ μὲν οὖν τοιοῦτος ἐν πᾶσιν ἐγώ, ἄλλος ἂν εἴπῃ καὶ μαρτυρήσῃ τοῖς πράγμασι· πρὸς δέ γε τὴν ὑποκειμένην ὑπόθεσιν αὐτὸς βραχύ τι ἐγκαλλωπίσομαι διηγούμενος. Ταῖς Καλαῖς τῷ χωρίῳ τῷ καταντικρὺ τῆς πόλεως καὶ τῇ στενοπόρῳ θαλάσσῃ διατετειχισμέωῳ καλόν τι κτῆμα ἐνίδρυται προάστειον, τῷ ὄντι τὴν κλῆσιν ἐπαληθεῦον. ἀγχοῦ γὰρ τοῦ ἄστεως καὶ πρὸ τούτου τὴν οἰκοδομὴν καὶ κατασκευὴν εἴληφε. σεσολοίκισται δὲ τὴν προσηγορίαν καὶ ἀντὶ τοῦ καλοῦ Καλαὶ ἐπωνόμασται. ἐπεὶ γὰρ οἷον πατρῷον αὐτῷ ἔδαφος αἱ καλαὶ τὸ χωρίον, πατρώζειν βούλεται καὶ τὸ ὄνομα καὶ Ἀττικὰ μεμίμηται παραδείγματα. ἔστι γὰρ καὶ παρ' ἐκείνοις Ἀθῆναι πόλις καὶ Θῆβαι πόλις καὶ πόλις Ἐλευθεραί. Τοῦτο δὴ τὸ περικαλλὲς κτησείδιον καλὴ καὶ ἀγαθὴ φύσις ἐκέκτητο, ὁ πρωτοπρόερος Κωνσταντῖνος καὶ τῆς βίγλης δρουγγάριος, ἅτε δὴ καλλίων ἑαυτοῦ καθ' ἡμέραν γινόμενος καὶ ταῖς ἀρεταῖς προστιθεὶς προσθήκας τινάς, καὶ τῶν κτημάτων τῶν ὑπερκειμένων κρείττους προσεμηχανᾶτο ἀεί. τί οὖν τὸ μετὰ ταῦτα; ἐρᾷ τοῦ καλοῦ τούτου ἡ βασιλεία μου κτήματος, οὐχ ὡς ἐποφθαλμίσας τῷ πράγματι οὐδὲ τῶν ἐν αὐτῷ χαρίτων ἁλούς, ἀλλ' ἕτερόν τι διὰ τούτου πραγματευόμενος. κοινοῦμαι οὖν τῷ ἀνδρὶ τὸν σώφρονα τοῦτου ἔρωτα καὶ κοινωνίαν τούτῳ συντίθημι καὶ συναλλάττειν ἐπιχειρῶ, καὶ πλέον τι διδόναι οὗ λήψομαι συμπροθυμοῦμαι τῷ κεκτημένῳ. ὁ δὲ οὐδ' ὁπωστιοῦν ἀντιτείνει, ἀλλὰ καὶ ἀγαπᾷ τὸ σύμβολον καὶ μείζονα χάριν ἀντὶ τῆς ἑτέρας χάριτος τὴν τῆς βασιλείας μου κοινωνίαν ἡγήσατο. Καὶ