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

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 being flooded by the sea’s currents, while the one given in exchange flourishes with plantings and with greater charms, so that we might indeed fulfill the image of the counter-gleam and reflection of rays from smooth mirrors. My majesty, therefore, had received the Kalai property, as has been said, while he had received in exchange two joined into one: both the renowned property, which is named Kyklobion, and is on everyone's lips, and for the Stoudios monastery it seemed like an ancient priestly offering, and a divine dedication and the most beautiful of votive offerings, and Saint Stephen; and this too is a most beautiful property, luxuriant with shady trees and watered by springs and sloping towards the sea. And so we had the contracts thus. And the imperial sea is thus ever filled and overflows and remains undiminished. But having arrived at this point in the chrysobull, I will add something also of my own innate characteristics. For since from the beginning I have been a hunter of eloquence and have been delighted and exalted by its beauties and graces and by intellectual contemplations, I disdain other charms, and neither do physical lights delight me nor beauties that fade like spring flowers. Hence, to the droungarios who had again fallen in love with the Kalai property most exceedingly, as one might say, <my majesty> fulfills for him his great desire and gives to the lover the beloved object, as if giving him a lovely favorite, not annulling the former partnership nor dissolving the old agreement nor making exchanges of properties nor demanding back Saint Stephen or seizing Kyklobion in exchange nor falsifying the chrysobull drafted for those, but adding to the aforementioned properties given to him in exchange the one now given without exchange. But the droungarios covered his face with shame at such generosity, and a blush bloomed on his cheeks, knowing especially and having ascertained how many sturdier buildings my majesty had made on the Kalai property and what charms it had added, spending more than one hundred and fifty litrae on the improvement of the property. Therefore, thinking himself to be either stealing or receiving a benefit, if my majesty should not accept these things, he begged earnestly, he prostrated himself on the ground for our highness to receive some small portion and a sort of tribute of gratitude, since he was being gifted manifold more, so that what was offered might be not the price of a property, but an honor for burial or eternal and a contribution to a holy and God-pleasing sanctuary. My majesty was accordingly swayed by these words and having received one hundred and twenty litrae, not as the price of a purchased thing, but as true honor and the most magnificent glory of a soul, forgave him the remaining price, rich in gold. Hence, the present matter is a clear gift and not a contract nor a purchase and exchange, but a true grace. Therefore, in the same act came together both imperial magnificence and a subject's graceful gratitude; for I, the emperor, in giving, yield the whole property to the droungarios for free, while the droungarios, in receiving, offered more than he himself had received out of respect, and he blushed, being favored with infinite graces. If, then, one should consider what was given a gift, it has something to support this, the small counter-gift; if one should consider it a purchase, the gift towards it is a noble addition, strengthening what is like a contract. And in whichever way the matter might be considered by each of the listeners, it holds what is reasonable for the man. The gift through purchase, the purchase through gift, the gift is clear, the purchase is pure. And the droungarios will have the ownership of the Kalai property from one side or from both, secure, established, unshakable, undisputed, over all

θαλαττίδιον κτῆμα παρ' αὐτοῦ εἰληφώς, ἠπειρώτιδα τούτῳ ἀντιδίδωμι διὰ διηνεκοῦς δωρεᾶς κατασκήνωσιν. ἀλλ' αἱ μὲν Καλαὶ τὸ κτῆμα τοῖς θαλαττίοις ἐπεκλύζετο ῥεύμασι, τὸ δὲ ἀντιδοθὲν ἐμφύτοις θάλλει καὶ μείζοσι χάρισιν, ἵνα δὴ καὶ τὴν εἰκόνα πληρώσωμεν τῆς ἀπὸ τῶν λείων κατόπτρων ἀνταυγείας τῶν ἀκτίνων καὶ ἀντιλάμψεως. ἡ μὲν οὖν βασιλεία μου τὰς Καλάς, ὡς εἴρηται, εἰλήφει τὸ κτῆμα, ὁ δὲ δύο ἀντειλήφει εἰς ἓν ἁρμοσθέντα, τό τε περιβόητον κτῆμα, ὃ Κυκλόβιον προσηγόρευται, ἀνὰ στόμα τε πᾶσι κείμενον, καὶ τῇ τῶν Στουδίων μονῇ οἷον ἀφαίρεμα πάλαι ἱερατικὸν δόξαν, καὶ ἀφιέρωμα θεῖον καὶ ἀναθημάτων τὸ κάλλιστον, καὶ τὸν ἅγιον Στέφανον· κτῆμα δὲ καὶ τοῦτο πάγκαλον δένδρεσί τε εὐσκίοις κομῶν καὶ πηγαῖς καταρδόμενον καὶ πρὸς θάλασσαν νενευκός. καὶ εἶχε μὲν οὕτως ἡμῖν τὰ σύμβολα. καὶ ἡ βασίλειος θάλασσα πληροῦται οὕτως ἀεὶ καὶ ἐκχεῖται καὶ μένει ἀμειαγώγητος. Ἐνταῦθα δὲ τοῦ χρυσοβούλλου λόγου γενόμενος, προσθήσω τι καὶ τῶν ἐμῶν ἐμφύτων ἰδιωμάτων. λόγου γὰρ θηρώμενος ἐξ ἀρχῆς κάλλεσί τε καὶ ὡραιότησι καὶ νοεραῖς θεωρίαις γανύμενός τε καὶ ἐπαιρόμενος, τῶν ἄλλων χαρίτων καταφρονῶ καὶ οὔτε με φῶτα τέρπει σωματικὰ οὔτε κάλλη ἠρινοῖς ἐπίσης ἄνθεσι ῥέοντα. ἔνθεν τοι τῷ δρουγγαρίῳ ἐρασθέντι πάλιν τοῦ τῶν Καλῶν κτήματος σφόδρα σφοδρῶς, ὡς ἂν εἴποι τις, ἀποπληροῖ αὐτῷ τὸν πολὺν ἔρωτα <ἡ βασιλεία μου> καὶ δίδωσι τῷ ἐραστῇ τὸ ἐρώμενον, ὥσπερ ἐράσμια τούτῳ διδοὺς παιδικά, οὐ τὴν προτέραν κοινωνίαν ἀνταναλύων οὐδὲ τὸ παλαιὸν διαλύων συνάλλαγμα οὐδὲ ἀντιδόσεις κτημάτων ποιούμενος οὐδὲ τὸν ἅγιον ἀπαιτῶν Στέφανον ἢ τοῦ Κυκλοβίου ἀντιδραττόμενος οὐδὲ τὸν ἐπ' ἐκείνοις χαραττόμενον παραγραμματίζων χρυσόβουλλον λόγου, ἀλλ' ἐπισυνάπτων τοῖς προειρημένοις κτήμασι τούτῳ κατὰ ἀντίδοσιν τὸ νῦν ἀντιδόσεως ἄνευ διδόμενον. Ἀλλ' ὅ γε δρουγγάριος αἰδοῖ κατεκαλύφθη τὸ πρόσωπον ἐπὶ τῇ τοιαύτῃ φιλοτιμίᾳ, καὶ ἐρύθημα τῶν παρειῶν ἐξηνθήκει, εἰδὼς μάλιστα καὶ διακριβωσάμενος ὁπόσας ἐποιήσατο ἡ βασιλεία μου ἐπὶ τῷ κτήματι τῶν Καλῶν στερροτέρας οἰκοδομὰς καὶ οἵας προσέθετο χάριτας, πλέον ἢ πεντήκοντα πρός τοῖς ἑκατὸν λίτρας ἐπὶ τῇ αὐξήσει καταβαλλομένη τοῦ κτήματος. ὥσπερ οὖν ὑφαιρεῖσθαι δοκῶν ἢ εὐεργετεῖσθαι, εἰ μὴ ταῦτα προσλάβοι ἡ βασιλεία μου, ἐξελιπάρει, προσεκαλινδεῖτο τῇ γῇ λαβεῖν τινα τὸ κράτος ἡμῶν βραχεῖαν μερίδα καὶ οἷόν τινα εὐγνωμοσύνης ἀποδασμόν, δωρούμενον τούτῳ τὸ πολλαπλάσιον, ἵν' ἔχοι τὸ προσφερόμενον οὐ τιμὴν κτήματος, ἀλλὰ τιμὴν ἐντάφιον ἢ ἀίδιον καὶ συνεισφορὰν πρὸς ἅγιον καὶ θεοπρεπὲς τέμενος. ἐπεκλάσθη γοῦν τοῖς λόγοις τούτοις ἡ βασιλεία μου καὶ λίτρας εἴκοσι πρὸς τοῖς ἑκατὸν εἰληφυῖα, οὐχ ὡς τιμὴν ὠνίου πράγματος, ἀλλ' ὡς τιμὴν τῷ ὄντι καὶ δόξαν μεγαλοπρεπεστάτην ψυχῆς, τὸ λοιπὸν αὐτῷ παρῆκε πολύχρυσον τίμημα. ἔνθεν τοι καὶ δωρεὰ σαφὴς καὶ οὐ συνᾶλλαγμα ἡ προκειμένη ὑπόθεσις οὐδὲ ἐξώνησις καὶ ἀντίδοσις, ἀλλὰ χάρις ἀληθινή. διὸ γοῦν ἐν ταὐτῷ συνεληλύθει βασιλική τε μεγαλοπρέπεια καὶ ὑπηκόου εὐγνωμοσύνη χαρίεσσα· ὅ τε γὰρ διδοὺς ἐγὼ βασιλεὺς ὅλου προῖκα παρείκω τῷ δρουγγαρίῳ τοῦ κτήματος, ὅ τε λαμβάνων δρουγγάριος πλεῖον ἢ αὐτὸς εἰλήφει προσετίθει τῆς αἰδοῦς ἕνεκα, καὶ ἡρυθρία ἀπείροις πλεονεκτούμενος χάρισιν. Εἴτε γοῦν δωρεάν τις τὸ δεδομένον λογίζοιτο, ἔχοι τι προσβοηθοῦν ταύτῃ, τὴν βραχεῖαν ἀντίδοσιν, εἴτε ἐξώνησιν νομίζοι, ἡ πρὸς ταύτην δωρεὰ προσθήκη τις γενναία, ἑδράζουσα τὸ οἷον συνάλλαγμα. καὶ ὁποτέρως ἂν ἑκάστῳ τῶν ἀκροωμένων τὸ πρᾶγμα λογίζοιτο, ἔχοι τὸ εὔλογον τῷ ἀνδρί. ἡ δι' ἐξωνήσεως δωρεά, ἡ διὰ δωρεᾶς ἐξώνησις, ἡ δωρεὰ σαφής, ἡ ἐξώνησις καθαρά. καὶ ἕξει τὴν δεσποτείαν τοῦ κτήματος τῶν Καλῶν ὁ δρουγγάριος ἑκατέρωθεν ἢ ἀμφοτέρωθεν βεβαίαν, ἑδραίαν, ἀκλόνητον, ἀστασίαστον, ἐπὶ πᾶσι