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
most complete, not measured by time, not defined by partial successions nor by these alienations or those, but eternal, sufficient for all successions, all alienations, exchanges, dedications, so that I do not speak of each one individually, sufficient for his will, with the former buildings, with the later ones, with the older structures, with the more recent additions. And no one at all shall vex him, neither of the emperors after us nor of those in authority nor of those in the archives nor of those presiding over secretarial thrones; nor shall he dispute concerning any matter whatsoever nor shall he investigate either concerning the former exchange or concerning the later favor. But for him both the first transaction shall be firm and unshakeable and the second gift or purchase unshaken and unalterable, so that in nothing according to any matter my most excellent drungarius might be disturbed, or his successor, but he might enjoy the estate of Kaloi, being most excellent and for my majesty a lovely possession and property. 6 αξτῃμ 3 Another memorandum of the same. Adhering, as it seemed, to the rights of his grandfather, which his father did not have, the protospatharios and vestiarites John Iberitzes contrived and fashioned a certain lawsuit, I think in idleness and jest, which in reality was without substance, but has received from him a certain shadow and form of substance, and was truly likened to things imagined in sleep, which the irrational and passionate part of the soul brings into being. And he fabricated the non-existent case as follows. For he said that the suburban estate, which is called Vivarion, his grandfather and grandmother having acquired it through a chrysobull grant of the late emperor lord Basil, they, as was likely, had both the chrysobull and the Vivarion, but he himself has been deprived of the one thing he rather wanted, the estate, while he possesses the other, which he desires less, empty and useless. And he said that one of two things must happen: either the manglabites Basil, the son of Pikrides, should obtain the chrysobull along with the estate, and have unshakeable ownership, or he should cede the estate to this man, and not have one man holding the possession, and the other the authority of ownership of the possession. Such was his introduction of the lawsuit, even if not quite such; for my account, by Atticizing it, has bestowed upon it a somewhat better face and form; for as it was poured from his tongue, it seemed rather shapeless and completely unacceptable to courts and laws. But the manglabites Basil, to these few propositions returned counter-arguments many times over, that his grandfather had indeed acquired the suburban estate through a grant, but had alienated it through a sale, that his son, and this man's father, knowing of the alienation of the estate, kept silent his whole life, respecting his father's action. that upon the sale a dowry grant of the estate proceeded, that upon this followed another sale, and after this another, and again a lawsuit concerning it, and upon the lawsuit a settlement, and again another sale and upon this a legal deed, and that all these things hold together like a chain, one thing being suspended from another, and all are harmonious and in agreement with one another, one thing confirming another, and one supporting, the other being supported, and one has the role of a foundation and base, the other of a building and superstructure, and that if anything in between has been defective, it has been remedied by another transaction. And his tongue said these things, but his hand presented a bundle of legal documents, the whole force of the counter-argument with them
τελεωτάτην, οὐ χρόνῳ μετρουμένην, οὐ μερικαῖς ὁριζομένην διαδοχαῖς οὐδὲ ταῖσδε ταῖς ἐκποιήσεσιν ἢ ταύταις, ἀλλ' αἰωνίαν, πάσαις
ἀρκοῦσαν διαδοχαῖς, πάσαις ἐκποιήσεσιν, ἀμείψεσιν, ἀφιερώσεσιν, ἵνα μὴ καθ' ἕκαστον λέγω, τῷ βουλήματι αὐτοῦ ἀποχρῶσαν, μετὰ
τῶν προτέρων οἰκοδομῶν, μετὰ τῶν ὑστέρων, μετὰ τῶν πρεσβυτέρων κατασκευῶν, μετὰ τῶν μεταγενεστέρων προσθηκῶν. καὶ οὐδεὶς αὐτῷ
τῶν πάντων ἐπηρεάσει, οὔτε τῶν μεθ' ἡμᾶς βασιλέων οὔτε τῶν ἐν ἀρχαῖς οὔτε τῶν ἐν ἀρχείοις οὔτε τῶν προκαθημένων θρόνων σεκρετικῶν·
οὐδὲ ἀμφισβητήσειε περὶ τοῦ τυχόντος πράγματος οὐδ' ἀνακρινεῖ οὔτε περὶ τῆς προτέρας ἀνταλλαγῆς ἢ περὶ τῆς ὑστέρας χάριτος.
ἀλλ' ἔσται αὐτῷ καὶ τὸ πρῶτον συνάλλαγμα βέβαιον καὶ ἀκίνητον καὶ τὸ δεύτερον δώρημά τε ἢ ὤνημα ἀκλόνητόν τε καὶ ἀμετάτρεπτον,
ὡς ἂν ἐν μηδενὶ κατὰ μηδὲν πρᾶγμα ὁ κάλλιστός μοι κλονοῖτο δρουγγάριος ἢ ὁ τούτου διάδοχος, ἀλλ' ἀπολαύοι τοῦ κτήματος τῶν
Καλῶν, κάλλιστός τε ὢν καὶ τῇ βασιλείᾳ μου κτῆμα καὶ χρῆμα ἐράσμιον. 6 αξτῃμ 3 Τοῦ αὐτοῦ ὑμόμνημα ἕτερον. Τῶν τοῦ πάππου δικαίων,
ὡς ἐδόκει, ἐχόμενος ὁ πρωτοσπαθάριος Ἰωάννης καὶ βεστιαρίτης ὁ Ἰβηρίτζης, ὧν οὐ μετῆν τῷ πατρί, δίκην τινὰ ἀργῶν οἶμαι καὶ
παίζων ἀνεπλάσατο καὶ ἐμόρφωσεν, ἥτις αὐτῷ μὲν τῷ πράγματι ἀνυπόστατος ἦν, σκιὰν δέ τινα καὶ μορφὴν ὑποστάσεως παρ' αὐτοῦ
εἴληφε, καὶ ἦν ὡς ἀληθῶς εἰκασμένη τοῖς καθ' ὕπνον φανταζομένοις, ἃ δὴ τὸ ἄλογον καὶ παθητικὸν τῆς ψυχῆς μέρος ὑφίστησιν.
ἐπλάττετο δὲ τὴν ἀνύπαρκτον κατὰ στάσιν οὕτως ὑπόθεσιν. τὸ γὰρ προάστειον ἔφασκεν, ὃ καλεῖται Βιβάριον, ὁ πάππος αὐτοῦ καὶ
ἡ μάμμη διὰ χρυσοβούλλου δωρεᾶς τοῦ μακαρίτου βασιλεως κῦρ Βασιλείου κτησάμενοι, ἐκεῖνοι μὲν ὡς εἰκὸς ἀμφότερα εἶχον καὶ τὸ
χρυσόβουλλον. καὶ τὸ Βιβάριον, αὐτὸς δὲ θατέρου μὲν καὶ οὗ μᾶλλον ἐβούλετο, τοῦ κτήματος ἀπεστέρηται, θάτερον δὲ καὶ οὗ ἐρᾷ
ἔλαττον, κενὸν καὶ ἀνόνητον κέκτηται. καὶ δυεῖν ἔλεγε δεῖν γενέσθαι τὸ ἕτερον, ἢ τὸν μαγγλαβίτην Βασίλειον τὸν τοῦ Πικρίδου
υἱὸν σὺν τῷ κτήματι καὶ τὸν χρυσόβουλλον λόγον λαχεῖν, καὶ τὴν δεσποτείαν ἔχειν ἀπαρασάλευτον, ἢ παραχωρῆσαι τούτῳ τοῦ κτήματος,
καὶ μὴ τὸν μὲν ἔχειν τὴν κτῆσιν, τὸν δὲ τὸ κῦρος τῆς δεσποτείας τῆς κτήσεως. Τοιαύτη μὲν αὐτῷ ἡ τῆς δίκης εἰσαγωγή, εἰ καὶ
μὴ τοιαύτη· πρόσωπον γὰρ καὶ μορφήν τινα κρείττονα ὁ λόγος ἀττικίσας αὐτῆ περιτέθεικεν· ὡς γὰρ παρὰ τῆς ἐκείνου γλώττης ἐχεῖτο,
ἀνείδεός τις ἐδόκει καὶ δικαστηρίοις καὶ νόμοις παντελῶς ἀπαράδεκτος. ὁ δὲ μαγγλαβίτης Βασίλειος, ταῖς ὀλίγαις ταύταις προτάσεσιν
ἀντιθέσεις ἀπεδίδου πολλαπλασίονας, ὡς κτήσαιτο μὲν ὁ πάππος διὰ δωρεᾶς τὸ προάστειον, ἀποποιήσαιτο δὲ διὰ πράσεως, ὡς ὁ ἐκείνου
μὲν υἱός, τούτου δὲ πατήρ, τοῦ κτήματος εἰδὼς τὴν ἐκποίησιν ἐφ' ὅλον τὸν βίον ἡσύχασε, τὴν τοῦ πατρὸς πρᾶξιν αἰδούμενος. ὡς
ἐπὶ τῇ πράσει προικῴα δόσις προέβη τοῦ κτήματος, ὡς ἐπὶ ταύτῃ πρᾶσις αὖθις ἑτέρα, καὶ μετὰ ταύτην ἑτέρα, καὶ αὖθις ἀγὼν περὶ
αὐτοῦ, καὶ ἐπὶ τῷ ἀγῶνι διάλυσις, καὶ πάλιν πρᾶσις ἑτέρα καὶ δικαστικὸν ἐπὶ ταύτῃ δικαίωμα καὶ ὡς σειρᾶς δίκην ἀλλήλων τὰ
πάντα ἔχονται, θάτερον ἠρτημένον θατέρου, καὶ συνῳδὰ πάντα ἀλλήλοις καὶ σύμφωνα, θατέρῳ θάτερον βεβαιούμενον, καὶ τὸ μὲν ὑποστηρίζον,
τὸ δὲ ὑποστηριζόμενον, καὶ τὸ μὲν κρηπίδος ἔχον λόγον καὶ βάσεως, τὸ δὲ οἰκοδομῆς καὶ ὑψώσεως, καὶ ὡς εἴ πού τι διὰ μέσου
νενόσηκε, δι' ἑτέρας πράξεως τεθεράπευται. καὶ ἡ μὲν γλῶττα ἔλεγε ταῦτα, ἡ δὲ χεὶρ σφάκελλον ἐπεδίδου δικαιωμάτων, τὴν τομὴν
πᾶσαν τῆς ἀντιθέσεως αὐτοῖς
