APOLLODORUS
AND HIS DAY IN COURT
INTRODUCTION
Just as is the case for people today, making a living was a major concern for most Greeks and Romans.
INTRODUCTION
Just as is the case for people today, making a living was a major concern for most Greeks and Romans.
Voices of Ancient Greece and Rome_nodrm
?
?
?
?
?
?
Chrysippus: Chrysippus was a noted third-century BCE Stoic philoso- pher.
Although a prolific writer-- he reportedly strove to write 500 lines of text per day--few of his works survive, and his attitude about corporal punishment in schools must be inferred from the words of Quintilian.
Chrysippus was not shy about touting his own intellect; one day, he was approached by a man who was looking for a tutor for his son.
The man asked Chrysippus whom he would recommend.
The
? ? ? 42
punishment and fit only for slaves, and is in any case an insult, as you will realize if you imagine its infliction at a later age. Secondly, if a child is so insensible to instruc- tion that reproof is useless, he will, like the worst type of slave, merely become hardened to blows. Finally, there will be absolutely no need of such punishment if the master is a thorough disciplinarian. As it is, we try to make amends for the negligence of the boy's paedago- gus, not by forcing him to do what is right, but by punishing him for not doing what is right. And though you may compel a child with blows, what are you to do with him when he is a young man no longer amenable to such threats, and confronted with tasks of far greater difficulty? Moreover, when children are beaten, pain or fear frequently have results of which it is not pleasant to speak, and which are likely subsequently to be a source of shame, a shame which unnerves and depresses the mind and leads the child to shun and loathe the light . . . I will content myself with saying that children are helpless and easily victimized, and that therefore no one should be given unlimited power over them . . . As soon as the boy has learned to read and write without difficulty, it is the turn for the teacher of literature [i. e. , the grammaticus] . . . [T]hose who criticize the art of teaching literature as trivial and lacking in substance put themselves out of court . . . The study of literature is a necessity for boys and the delight of old age, the sweet companion of our privacy and the sole branch of study which has more solid substance than display. [Tr. H. E. Butler. The Institutio Oratoria of Quintilian (1. 3-4. ) Volume I. LCL, 1920. Page numbers: 57, 59, 61, 63, 65. ]
AFTERMATH
Several works of literature are attributed to Quintilian; however, the only one that can definitely be ascribed to him is the Institutes of Oratory, which he wrote sometime in the decade of the '90s CE, and after he retired from his long career as a lawyer and educator. His book had a favorable impact on his students and others, and he is referenced in works by the poets Martial and Juvenal and the epistler Pliny the Younger.
ASK YOURSELF
1. What do you think of the arguments put forward by Quintilian in opposition to the practice of corporal punish- ment in schools? What might be some counterarguments?
Spare the Rod, and Other Educational Precepts of Quintilian
? ? ? ? ? ? ? ? ? answer: "Me! For if I thought any philosopher excelled me, I would myself become his student. "
I disapprove of flogging: Some Roman teachers would not agree with this assertion. Consider, for example, the case of one Lucius Orbilius Pupillus, a grammaticus and one of the teachers of the poet Horace. In one of his Epistles, Horace uses the epithet plagosus ("full of blows") to describe his old teacher Orbilius; apparently, Orbilius did not shrink from resorting to physical punishment if Horace, although only a small boy at the time, faltered in his reci- tations. Another writer, Domitius Marsus, also apparently a student of Orbilius, recalled that the teacher would not hesitate to employ rods or leather whips in the classroom. In his brief biogra- phy of Orbilius, Suetonius has this to say about him: "He. . . wrote a book called Perialogos, full of com- plaints of the wrongs which teach- ers suffered from the indifference or selfishness of parents . . . He was sour-tempered, not only towards rival scholars, whom he assailed at every opportunity, but also towards his students . . . " [Suetonius. On Grammarians 9; tr. Rolfe. ].
the light: As in English, the Latin word for light, lux, can have both a literal and a metaphorical meaning: literal light, like the brightness of the day or a well-lit room, and symbolic light: knowledge, education, men- tal clarity. It seems possible that Quintilian is suggesting both meanings in this passage.
paedagogus: A Greek word meaning "child leader. " The paedagogus was usually a slave in the household of
? ? ? ? ? ? ? 43
Voices of Ancient Greece and Rome
2. These days, we often hear complaints from taxpayers about the high cost of public education. In response to these complaints, and in order to save money, school districts often reduce or eliminate programs in schools that are con- sidered "frills," such as sports teams. How do you think Quintilian would have reacted to cost-saving measures like that?
3. What do you think Quintilian means by the last words of the document, that the study of literature is "the sole branch of study which has more solid substance than display"?
TOPICS TO CONSIDER
e Quintilianexpressesgreatconcernaboutthelong- range negative effects on children of corporal pun- ishment. He even seems to go so far as to suggest that corporal punishment in schools equates to child abuse. Can you think of any events in recent American history or culture that might support (or refute) his concerns? What light does modern child psychology shed on this issue?
e ConsiderthethreetiersoftheRomaneducational system (reading and writing, equivalent to American elementary schools; introduction to rhetoric and literature, corresponding to
American middle and high schools; and advanced training in oratory, law, rhetoric, logic, and philosophy, similar to American university education). Research these tiers in more depth. How effective do you think they were? If public opinion polls had existed in Roman times, do you think they would have revealed that most educated Romans were satisfied with the education they received or critical of it?
? ? ? ? ? ? ? ? ? a wealthy family. His primary job was to escort the family's child, or children, to and from school and to make certain that they did not misbehave. Quintilian believed that paedagogi should be educated men, or if they were not, that they should not pretend otherwise, and that especially, they should not attempt to instruct their young charges in any academic subject. Sometimes, a particularly fortunate child was also accompanied by a capsarius, a slave who carried the child's books and school supplies.
when children are beaten: Compare the opposite approach, as articu- lated by the poet Horace (Satire 1. 1): "Wise teachers often give their students sugar cookies, to encourage them to learn their early lessons" (especially the basics of reading).
? ? ? ? ? ? ? ? ? SOUND MIND, SOUND BODY
Quintilian's notion that students need physical exercise and play as much as they need devotion to intellectual pursuits is reflected in the work of several other Roman authors, most notably the satirist Juvenal; his famous phrase (from the tenth Satire) mens sana in corpore sano, "[One should pray for a] sound mind in a sound body" has worked its way into popular American culture. The idea is also articulated by the first-century BCE poet Horace, in the 31st poem of the first book of his Odes, where he prays to the god Apollo for good physical health and a sound mind. In Satire 2. 2, Horace hints at the same mind-body connection when he writes that a night of imprudent carousing brings mental as well as physical distress the next day, whereas the people who observe moderation in their social and dietary habits will sleep well, and wake up the next morning ready to face the day. The first-century CE philosopher Seneca, in his tenth Epistle, suggests much the same: "Ask [from the gods] a good mind, and good health, of mind and also of body. "
? ? 44
e Well-to-doRomanparents,especiallyfathers,sometimessoughtouttutors for their children, but the task of finding a suitable tutor could be a daunt- ing one. Pliny the Younger, a noted civil servant, scholar and epistler, and contemporary of Quintilian, once received a request for help from a friend of his who was searching for a tutor for his nephews. Read Pliny's response, addressed to Junius Mauricus--it appears in Book 2, number 18, in Pliny's collected Letters--to get a sense of Pliny's reaction to this request. Pliny also addresses the issue of tutor-hiring in another letter, to a friend of his by the name of Corellia Hispulla (3. 3). What sorts of characteristics and qualifications do you think that a Roman parent would desire in a tutor?
Further Information
Balsdon, J. P. V. D. Life and Leisure in Ancient Rome, (especially Chapter Five, "Family Life," s. v "Schooling"). New York, 1969.
Bonner, Stanley F. Education in Ancient Rome: From the Elder Cato to the Younger Pliny. Berkeley, CA1977.
Wheelock, Frederic M. Quintilian as Educator: Selections from the Institutio Oratoria of Marcus Fabius Quintilianus. New York, 1974.
Websites
Schools in Ancient Rome: Roman Teachers and Levels of Education. http://roman-history . suite101. com/article. cfm/schools_in_ancient_rome
Spare the Rod, and Other Educational Precepts of Quintilian
? ? ? ? A ROSTER OF SCHOOLTEACHERS
The biographer Suetonius is probably best known for authoring accounts of the lives of the first 12 Roman emperors (whose reigns covered most of the first century CE), but he also wrote a series of biographies of some noted grammatici. Summaries of several of these individuals:
1. Crates of Mallos (second century BCE), who, Suetonius states, was the first grammaticus to offer instruc- tion in Rome. On one unfortunate occasion, Crates fell into an open sewer and broke his leg, but con- tinued his teaching duties nonetheless, serving as an excellent example of a dedicated teacher.
2. Saevius Nicanor (dates unspecified) was the first teacher to become widely known in Rome.
3. Marcus Antonius Gnipho (first century BCE) was a kind, good-hearted man, who never made any demands about fees for his services, and ironically was often paid more money than the going rate. He worked for a period of time in Julius Caesar's household and even served as a tutor for the noted
orator/lawyer Cicero.
4. On the other hand, Marcus Pompilius Andronicus, a contemporary of Gnipho, had the reputation of
being a rather lazy and underqualified teacher, so he turned to writing books to make a living; he sold
one of his volumes for 16,000 sesterces, a handsome sum by the standards of the time.
5. Lucius Ateius Philologus (whose last name means "lover of words") was known, according to Suetonius, as "a rhetorician among grammarians, and a grammarian among rhetoricians. " He wrote numerous learned commentaries on history, literature, and rhetoric, and furnished the historians
Sallust and Asinius Pollio with information they incorporated into their writing projects.
? ? 45
Voices of Ancient Greece and Rome
46
Ancient Roman Education. http://www. mariamilani. com/ancient_rome/ancient_roman _education. htm
Bibliography for Document
Butler, H. E. (tr. ). The Institutio Oratoria of Quintilian. Volume I. [LCL. ] Cambridge and London, 1920.
Peterson, Sir William (tr. ). Tacitus: Dialogus; Agricola; Germania. [LCL]. Cambridge and London, 1914.
Rolfe, J. C. (tr. ). Suetonius. Volume II. [LCL. ] Cambridge and London, 1914.
EMPLOYMENT
This page intentionally left blank
10. PAY IT BACK!
APOLLODORUS AND HIS DAY IN COURT
INTRODUCTION
Just as is the case for people today, making a living was a major concern for most Greeks and Romans. And while a majority of the workers in both civilizations toiled in the agricultural field, there were many other career choices available: government and public service, con- struction, banking, architecture, oratory and legal work, food and clothing production, and small business enterprises. Older citizens of Athens often depended on work as paid jurors in court cases to help make ends meet. There were even specialty career opportunities; for example, in ancient Athens, some artisans made their living solely by fabricating the elaborate masks worn by actors in dramatic productions. And, perhaps not surprisingly, there was always a need for soldiers and sailors.
KEEP IN MIND AS YOU READ
1. Pasio was one of the most successful--and richest--ancient Athenian bankers that we know of. Pasio's background was anything but affluent; in fact, as a young man, he was a slave, in the possession of two bankers by the names of Antisthenes and Archestratus. He went to work for them in the banking business, and through diligence, perseverance, and loyal service to his masters, he eventually gained his freedom and became the owner of his own bank. In addition to the bank, he also owned a shield-making factory. Both businesses were very successful, netting an estimated annual profit of two talents (perhaps equivalent to $600,000 or more). When Pasio died, around 370 BCE, his fortune amounted to about 40 talents.
2. Perhaps one of the most distressing financial controversies involving Pasio and his bank came about when the Athenian naval commander Timotheus (d. 354 BCE) applied for a loan. In those days, Athenian military leaders often had to engage in fund-raising activities to pay for soldiers and equipment; the Athenian government generally did not supply adequate funds for these purposes. So Timotheus borrowed a large sum of money from Pasio--4,438 drachmas, perhaps equivalent to $225,000 or more--but the money had never been repaid. So the bank initiated a suit to recover the money. The document consists of an excerpt from a speech made in court by Pasio's son, Apollodorus, on behalf of the bank.
? ? ? ? 49
Voices of Ancient Greece and Rome
3. Athenian banks, just like modern banks, sometimes made unwise loans, which cre- ated financial crises when debtors defaulted on their loans. This was the case with the events described in the document.
4. Timotheus apparently believed that he could get away without repaying the money in part because Pasio had recently died at the time that his son, Apollodorus, brought the suit forward.
Document: Apollodorus Speaks
[Apollodorus is speaking; he is referring to Pasio with the words "my father. "] "Let no one of you think, men of the jury, that it is a thing beyond belief that Timotheus should have owed money to my father. On the contrary, when I have called to your minds the occasion on which the loan was contracted and the events in which the defendant [Timotheus] was at that time involved and the straits to which he was reduced, you will then hold that my father was most generous to Timotheus, and that the defendant is not only ungrateful, but is the most dishonest of humankind; for he got from my father all that he asked, and received from the bank money at a time when he was in great need and when he was in grievous danger of losing his life; yet he has not only made no return, but even seeks to rob me of the money which was granted him. And yet, if matters had gone badly with Timotheus, my father's money, too, was lost, for he lent it without security [i. e. , without collateral; an unsecured loan] and without witnesses. But, if the defendant got off safe, it rested with him to choose when, having the funds avail- able, he should pay us back. But for all that . . . my father did not count the holding of large sums of money as impor- tant a matter as to supply Timotheus with what he needed in the time of his distress. No, my father thought . . . that, if Timotheus then got safely out of those dangers and returned home from the service of the king, when the defendant was in better circumstances than at the time, he would not only recover his money, but would be in a position to obtain whatever else he might wish from Timotheus. But as matters have not turned out as my father expected, since the money which Timotheus asked of my father and gratefully received from the bank, he is determined, now that my father is dead, to pay back only if forced to do so by hostile legal procedure, and by con- vincing proof of his indebtedness, and, if he can convince you by deceitful arguments that he is not liable, to rob us of the money--I count it necessary to inform you fully of everything from the beginning: the several loans, the
? ? ? ? ? ? ? ? ? ? grievous danger of losing his life: The delays caused by the necessity of raising money meant that the cam- paign of 374 did not go well. Timotheus was recalled to Athens to stand trial for mismanagement, and might well have been con- demned to death if not for the intervention of two of his wealthy and influential friends.
king: After his trial, and eventual acquittal, Timotheus, hoping to restore his reputation and improve his personal financial status, offered his services to the king of Persia.
men of the jury: Athenian juries were huge, not limited to the "12 good men--or women--and true" of today's typical jury. Athenian juries frequently numbered in the hun- dreds; the jury that condemned Socrates had 501 members; the odd number guaranteed that there would be no tie votes. (Three hun- dred and sixty voted to convict Socrates. ) Juries were always com- posed of men only, often elderly ones; the smallish stipend paid to jurors were particularly coveted by older men who needed the money to make ends meet.
most generous: According to A. T. Murray, editor/translator of the document, the loan could be item- ized thus: 1,351 drachmas and two
? ? ? 50
purpose for which he expended each sum, and the dates at which the obligations were contracted. And let no one of you wonder that I have accurate knowledge of these matters; for bankers are accustomed to write out memo- randa of the sums which they lend, the purposes for which funds are desired, and the payments which a bor- rower makes, in order that his receipts and his payments may be known to them for their accounts. " [Tr. A. T. Murray. Demosthenes V: Private Orations (including Against Timotheus 1-6. ). Volume V. LCL, 1939. Page numbers: 377, 379. ]
AFTERMATH
According to the biographer Plutarch, the famous orator
Demosthenes "ghost-wrote" the speech that Apollodorus used
against Timotheus; Plutarch also reports that Apollodorus won the
case, which is generally thought to have been litigated in 362 BCE. (Some contemporary his- torians, however, dispute the contention that Demosthenes was the author. ) Timotheus had always had an uneven career in Athenian public life, but his ultimate downfall occurred a few years after the celebrated trial, when, as a military commander, he was blamed for a naval defeat. Once more finding himself in legal hot water, he was tried, convicted, and fined the astronomical sum of 100 talents (perhaps equivalent to $30 million). Not surprisingly, he was unable to pay. He went into exile instead and died shortly after.
Apollodorus continued his forays into the legal system as an advocate, apparently some- times using speeches that Demosthenes wrote for him, sometimes writing his own. Despite the controversies that enveloped him and the enmity that he sometimes brought on himself
Pay It Back! Apollodorus and His Day in Court
? ? ? ? ? ? ? ? ? obols for the fleet in 374 BCE; 10 minas to repay a previous loan; 1 mina, 257 drachmas for a second previous loan; 1,750 drachmas for shipping charges for lumber given to Timotheus by a Macedonian king.
straits to which he was reduced: In 375 BCE, Timotheus had success- fully engaged a Spartan fleet, but in the following year, more hostil- ities commenced, and it was for this purpose that he needed a fresh infusion of money.
? ? ? ? ? ? ? ? ? APOLLODORUS: LOYAL SON OR SNAKE IN THE GRASS?
Pasio had two sons, Apollodorus and Pasicles; 14 years separated Apollodorus from his younger brother. The ancient evidence, gleaned primarily from lawyer/orators like Demosthenes and Isocrates, implies that Apollodorus was a loyal son, working diligently to protect both the bank and his father's good name, especially in controversies like the ones described elsewhere in this part of the chapter.
But there was also a dark side to his nature. Pasio had a trusted business manager, Phormio, who, upon Pasio's death, married Pasio's widow and became Pasicles's legal guardian. Some 20 years after Pasio's death, Apollodorus sued Phormio, demanding from him a payment of the astounding sum of 20 talents (perhaps equivalent to $6 million! ); Apollodorus alleged that Phormio had embezzled this amount from the estate. Demosthenes, who defended Phormio in the case, fired off a few salvos of his own against Apollodorus, accusing him of rapacious behavior, plundering money from the estate that should have been shared with Pasicles.
Apollodorus should have let it alone. Not only did he lose his case, but he failed to gain even one-fifth of the votes of the jurors. The Athenian system provided for a special penalty for any plaintiff who got swamped in the jury voting to that degree: the epobelia, or "one obol on the drachma. " He would have to pay the defendant one- sixth of the damages claimed (since an obol was worth one-sixth of a drachma). In this case, that would presum- ably have amounted to about 3. 3 talents!
But Apollodorus had at least one more arrow in his legal quiver. He subsequently prosecuted one of the wit- nesses, a certain Stephanus, who spoke on behalf of Phormio, charging him with perjury.
? ? 51
Voices of Ancient Greece and Rome
? ? ? ? A SUCCESSFUL FUND-RAISING GENERAL
The general Timotheus, as we have seen, created some trouble for himself by failing to repay a bank loan for money he borrowed to finance his military activities. But Aristotle, in his treatise Athenian Constitution [22. 3], records the method whereby Themistocles successfully raised 100 talents for building warships. In 483 BCE, a rich vein of silver was discovered in a state-owned mine near Athens; the yield was a 100-talent profit for the Athenian government. Some leaders thought the windfall should be distributed among all the people, but Themistocles argued that the money should be lent to the 100 wealthiest citizens, one talent per man. His opinion carried the day, the 100 talents were accordingly lent, and then Themistocles prevailed upon the 100 "lucky winners" to use their newfound money to oversee the construction of warships. Each recipient did so, and none too soon; the Athenians needed those 100 new ships to defeat the mighty Persian navy in the Battle of Salamis in 480.
? ? as a result, he lived a comfortable life, made possible by the money he inherited from his father. He died around 340 BCE.
ASK YOURSELF
1. The portion of the document that has been quoted is taken from the very beginning of Apollodorus's speech to the jury. Do you think he is off to a good start? Do his arguments make sense? If you were the opposing lawyer, what counterarguments might you make?
2. Timotheus is obviously being made to look like a crook and a villain. Do you think that this would be a fair characterization of him? After all, he was put into a position where he had to do a job (providing funds for the fleet) that probably should have been done by the authorities in Athens. What, if anything, could he have done differently?
TOPICS TO CONSIDER
e These days, we hear many news accounts of "frivolous lawsuits. " Perhaps the best example of this kind of case was the suit brought against a noted fast-food chain by a customer who was irate because she burned herself when she spilled some of the hot coffee served to her in the restaurant's drive-through. The incident occurred in 1992, but the case was not resolved until 1994, when the parties settled out of court for an undisclosed sum of money, but apparently the amount was well into the six figures. The Athenian legal system, too, was plagued by what might well be termed frivolous lawsuits. (The comic playwright Aristophanes [ca. 445-380 BCE] ridiculed and satirized the litigious inclinations of his fellow Athenians in a play entitled Wasps, which features, among other amusing incidents, a dog put on trial for stealing a piece of cheese! ) We have numerous tran- scripts of court speeches and cases argued by skilled orator/lawyers like Demosthenes, Isocrates, Aeschines, Isaeus, and Dinarchus, all of whom lived in the fifth and fourth centuries BCE. Could you find among these cases examples of petty or frivolous legal actions, akin to suing a fast-food
? ? ? ? 52
chain for the temperatures at which it serves coffee or putting on trial a
cheese-thieving dog?
e Aristophanes, in his aforementioned play Wasps, does more than simply
create a ridiculous situation like a court case against a dog. Research this play, and find out what else about the court and jury system the playwright found objectionable.
Further Information
Bolkestein, Hendrik. Economic Life in Greece's Golden Age. Leiden, 1958.
Calhoun, George Miller. The Business Life of Ancient Athens. Chicago, 1926.
Frost, Frank J. Greek Society (especially Chapter Four: "The Economies of the Greek
World"). Lexington, MA, 1987. Website
Demosthenes Biography. http://biography. jrank. org/pages/5026/Demosthenes. html
Bibliography for Document
Murray, A. T. (tr. ). Demosthenes V: Private Orations. Volume V. [LCL. ] Cambridge and London, 1939.
Pay It Back! Apollodorus and His Day in Court
53
This page intentionally left blank
11. WORKERS NEEDED FOR BUILDING THE PARTHENON
INTRODUCTION
The fifth-century BCE politician, statesman, and orator Pericles was to a very great extent the face of Athens during its Golden Age, at the midpoint of the century. He came from a weal- thy and distinguished Athenian family, and as a handsome, intelligent, and well-spoken man, he might seem to be a "natural" for the world of politics. After some initial hesitation, he took the plunge, eventually gaining election to the office of strategos, a post to which he was elected 15 consecutive times, from 444 to 429. (Ten strategoi were chosen annually, and although technically military leaders--the word strategos means "general"--they often exerted wide influence in politics and public policy debates and decisions. Usually, one of these 10 emerged as the most influential, and this was clearly Pericles's defining characteristic and the source of his political power in Athens. )
The key to Pericles's electoral and political success was undoubtedly his oratorical abil- ity, a skill that remains critical to this day for aspiring politicians. He was widely regarded as the best public speaker of his time. In 430 BCE, at the conclusion of the first year of the Peloponnesian War, Pericles was chosen to make a speech in honor of Athenian casualties. He used the occasion to deliver a stirring address about the glory of Athens and its democ- racy. Among other things, he proclaimed that for a person in poverty, the real shame was not in the poverty, but in the individual's failure to take measures to escape it.
Pericles was the guiding and driving force behind the explosion of creative activity in art, architecture, literature, economics, and geopolitics that occurred in Athens during his string of electoral victories: a brief but important era called the Athenian Golden Age. Not only did the efforts expended during this time result in the creation of lasting achievements, but they had an equally strong impact on the employment picture in Athens, for virtually any Athenian who wanted a good-paying job could obtain one. The building projects, in particu- lar, generated all sorts of employment opportunities. And while Pericles's oratorical skills may have been central to his success as a politician, the job-creation component of his policy initiatives must certainly also have endeared him to the electorate.
KEEP IN MIND AS YOU READ
1. A construction project of this magnitude would require massive injections of cash. Most of the money came not from taxpayer funds, or contributions from wealthy
?
? ? ? 42
punishment and fit only for slaves, and is in any case an insult, as you will realize if you imagine its infliction at a later age. Secondly, if a child is so insensible to instruc- tion that reproof is useless, he will, like the worst type of slave, merely become hardened to blows. Finally, there will be absolutely no need of such punishment if the master is a thorough disciplinarian. As it is, we try to make amends for the negligence of the boy's paedago- gus, not by forcing him to do what is right, but by punishing him for not doing what is right. And though you may compel a child with blows, what are you to do with him when he is a young man no longer amenable to such threats, and confronted with tasks of far greater difficulty? Moreover, when children are beaten, pain or fear frequently have results of which it is not pleasant to speak, and which are likely subsequently to be a source of shame, a shame which unnerves and depresses the mind and leads the child to shun and loathe the light . . . I will content myself with saying that children are helpless and easily victimized, and that therefore no one should be given unlimited power over them . . . As soon as the boy has learned to read and write without difficulty, it is the turn for the teacher of literature [i. e. , the grammaticus] . . . [T]hose who criticize the art of teaching literature as trivial and lacking in substance put themselves out of court . . . The study of literature is a necessity for boys and the delight of old age, the sweet companion of our privacy and the sole branch of study which has more solid substance than display. [Tr. H. E. Butler. The Institutio Oratoria of Quintilian (1. 3-4. ) Volume I. LCL, 1920. Page numbers: 57, 59, 61, 63, 65. ]
AFTERMATH
Several works of literature are attributed to Quintilian; however, the only one that can definitely be ascribed to him is the Institutes of Oratory, which he wrote sometime in the decade of the '90s CE, and after he retired from his long career as a lawyer and educator. His book had a favorable impact on his students and others, and he is referenced in works by the poets Martial and Juvenal and the epistler Pliny the Younger.
ASK YOURSELF
1. What do you think of the arguments put forward by Quintilian in opposition to the practice of corporal punish- ment in schools? What might be some counterarguments?
Spare the Rod, and Other Educational Precepts of Quintilian
? ? ? ? ? ? ? ? ? answer: "Me! For if I thought any philosopher excelled me, I would myself become his student. "
I disapprove of flogging: Some Roman teachers would not agree with this assertion. Consider, for example, the case of one Lucius Orbilius Pupillus, a grammaticus and one of the teachers of the poet Horace. In one of his Epistles, Horace uses the epithet plagosus ("full of blows") to describe his old teacher Orbilius; apparently, Orbilius did not shrink from resorting to physical punishment if Horace, although only a small boy at the time, faltered in his reci- tations. Another writer, Domitius Marsus, also apparently a student of Orbilius, recalled that the teacher would not hesitate to employ rods or leather whips in the classroom. In his brief biogra- phy of Orbilius, Suetonius has this to say about him: "He. . . wrote a book called Perialogos, full of com- plaints of the wrongs which teach- ers suffered from the indifference or selfishness of parents . . . He was sour-tempered, not only towards rival scholars, whom he assailed at every opportunity, but also towards his students . . . " [Suetonius. On Grammarians 9; tr. Rolfe. ].
the light: As in English, the Latin word for light, lux, can have both a literal and a metaphorical meaning: literal light, like the brightness of the day or a well-lit room, and symbolic light: knowledge, education, men- tal clarity. It seems possible that Quintilian is suggesting both meanings in this passage.
paedagogus: A Greek word meaning "child leader. " The paedagogus was usually a slave in the household of
? ? ? ? ? ? ? 43
Voices of Ancient Greece and Rome
2. These days, we often hear complaints from taxpayers about the high cost of public education. In response to these complaints, and in order to save money, school districts often reduce or eliminate programs in schools that are con- sidered "frills," such as sports teams. How do you think Quintilian would have reacted to cost-saving measures like that?
3. What do you think Quintilian means by the last words of the document, that the study of literature is "the sole branch of study which has more solid substance than display"?
TOPICS TO CONSIDER
e Quintilianexpressesgreatconcernaboutthelong- range negative effects on children of corporal pun- ishment. He even seems to go so far as to suggest that corporal punishment in schools equates to child abuse. Can you think of any events in recent American history or culture that might support (or refute) his concerns? What light does modern child psychology shed on this issue?
e ConsiderthethreetiersoftheRomaneducational system (reading and writing, equivalent to American elementary schools; introduction to rhetoric and literature, corresponding to
American middle and high schools; and advanced training in oratory, law, rhetoric, logic, and philosophy, similar to American university education). Research these tiers in more depth. How effective do you think they were? If public opinion polls had existed in Roman times, do you think they would have revealed that most educated Romans were satisfied with the education they received or critical of it?
? ? ? ? ? ? ? ? ? a wealthy family. His primary job was to escort the family's child, or children, to and from school and to make certain that they did not misbehave. Quintilian believed that paedagogi should be educated men, or if they were not, that they should not pretend otherwise, and that especially, they should not attempt to instruct their young charges in any academic subject. Sometimes, a particularly fortunate child was also accompanied by a capsarius, a slave who carried the child's books and school supplies.
when children are beaten: Compare the opposite approach, as articu- lated by the poet Horace (Satire 1. 1): "Wise teachers often give their students sugar cookies, to encourage them to learn their early lessons" (especially the basics of reading).
? ? ? ? ? ? ? ? ? SOUND MIND, SOUND BODY
Quintilian's notion that students need physical exercise and play as much as they need devotion to intellectual pursuits is reflected in the work of several other Roman authors, most notably the satirist Juvenal; his famous phrase (from the tenth Satire) mens sana in corpore sano, "[One should pray for a] sound mind in a sound body" has worked its way into popular American culture. The idea is also articulated by the first-century BCE poet Horace, in the 31st poem of the first book of his Odes, where he prays to the god Apollo for good physical health and a sound mind. In Satire 2. 2, Horace hints at the same mind-body connection when he writes that a night of imprudent carousing brings mental as well as physical distress the next day, whereas the people who observe moderation in their social and dietary habits will sleep well, and wake up the next morning ready to face the day. The first-century CE philosopher Seneca, in his tenth Epistle, suggests much the same: "Ask [from the gods] a good mind, and good health, of mind and also of body. "
? ? 44
e Well-to-doRomanparents,especiallyfathers,sometimessoughtouttutors for their children, but the task of finding a suitable tutor could be a daunt- ing one. Pliny the Younger, a noted civil servant, scholar and epistler, and contemporary of Quintilian, once received a request for help from a friend of his who was searching for a tutor for his nephews. Read Pliny's response, addressed to Junius Mauricus--it appears in Book 2, number 18, in Pliny's collected Letters--to get a sense of Pliny's reaction to this request. Pliny also addresses the issue of tutor-hiring in another letter, to a friend of his by the name of Corellia Hispulla (3. 3). What sorts of characteristics and qualifications do you think that a Roman parent would desire in a tutor?
Further Information
Balsdon, J. P. V. D. Life and Leisure in Ancient Rome, (especially Chapter Five, "Family Life," s. v "Schooling"). New York, 1969.
Bonner, Stanley F. Education in Ancient Rome: From the Elder Cato to the Younger Pliny. Berkeley, CA1977.
Wheelock, Frederic M. Quintilian as Educator: Selections from the Institutio Oratoria of Marcus Fabius Quintilianus. New York, 1974.
Websites
Schools in Ancient Rome: Roman Teachers and Levels of Education. http://roman-history . suite101. com/article. cfm/schools_in_ancient_rome
Spare the Rod, and Other Educational Precepts of Quintilian
? ? ? ? A ROSTER OF SCHOOLTEACHERS
The biographer Suetonius is probably best known for authoring accounts of the lives of the first 12 Roman emperors (whose reigns covered most of the first century CE), but he also wrote a series of biographies of some noted grammatici. Summaries of several of these individuals:
1. Crates of Mallos (second century BCE), who, Suetonius states, was the first grammaticus to offer instruc- tion in Rome. On one unfortunate occasion, Crates fell into an open sewer and broke his leg, but con- tinued his teaching duties nonetheless, serving as an excellent example of a dedicated teacher.
2. Saevius Nicanor (dates unspecified) was the first teacher to become widely known in Rome.
3. Marcus Antonius Gnipho (first century BCE) was a kind, good-hearted man, who never made any demands about fees for his services, and ironically was often paid more money than the going rate. He worked for a period of time in Julius Caesar's household and even served as a tutor for the noted
orator/lawyer Cicero.
4. On the other hand, Marcus Pompilius Andronicus, a contemporary of Gnipho, had the reputation of
being a rather lazy and underqualified teacher, so he turned to writing books to make a living; he sold
one of his volumes for 16,000 sesterces, a handsome sum by the standards of the time.
5. Lucius Ateius Philologus (whose last name means "lover of words") was known, according to Suetonius, as "a rhetorician among grammarians, and a grammarian among rhetoricians. " He wrote numerous learned commentaries on history, literature, and rhetoric, and furnished the historians
Sallust and Asinius Pollio with information they incorporated into their writing projects.
? ? 45
Voices of Ancient Greece and Rome
46
Ancient Roman Education. http://www. mariamilani. com/ancient_rome/ancient_roman _education. htm
Bibliography for Document
Butler, H. E. (tr. ). The Institutio Oratoria of Quintilian. Volume I. [LCL. ] Cambridge and London, 1920.
Peterson, Sir William (tr. ). Tacitus: Dialogus; Agricola; Germania. [LCL]. Cambridge and London, 1914.
Rolfe, J. C. (tr. ). Suetonius. Volume II. [LCL. ] Cambridge and London, 1914.
EMPLOYMENT
This page intentionally left blank
10. PAY IT BACK!
APOLLODORUS AND HIS DAY IN COURT
INTRODUCTION
Just as is the case for people today, making a living was a major concern for most Greeks and Romans. And while a majority of the workers in both civilizations toiled in the agricultural field, there were many other career choices available: government and public service, con- struction, banking, architecture, oratory and legal work, food and clothing production, and small business enterprises. Older citizens of Athens often depended on work as paid jurors in court cases to help make ends meet. There were even specialty career opportunities; for example, in ancient Athens, some artisans made their living solely by fabricating the elaborate masks worn by actors in dramatic productions. And, perhaps not surprisingly, there was always a need for soldiers and sailors.
KEEP IN MIND AS YOU READ
1. Pasio was one of the most successful--and richest--ancient Athenian bankers that we know of. Pasio's background was anything but affluent; in fact, as a young man, he was a slave, in the possession of two bankers by the names of Antisthenes and Archestratus. He went to work for them in the banking business, and through diligence, perseverance, and loyal service to his masters, he eventually gained his freedom and became the owner of his own bank. In addition to the bank, he also owned a shield-making factory. Both businesses were very successful, netting an estimated annual profit of two talents (perhaps equivalent to $600,000 or more). When Pasio died, around 370 BCE, his fortune amounted to about 40 talents.
2. Perhaps one of the most distressing financial controversies involving Pasio and his bank came about when the Athenian naval commander Timotheus (d. 354 BCE) applied for a loan. In those days, Athenian military leaders often had to engage in fund-raising activities to pay for soldiers and equipment; the Athenian government generally did not supply adequate funds for these purposes. So Timotheus borrowed a large sum of money from Pasio--4,438 drachmas, perhaps equivalent to $225,000 or more--but the money had never been repaid. So the bank initiated a suit to recover the money. The document consists of an excerpt from a speech made in court by Pasio's son, Apollodorus, on behalf of the bank.
? ? ? ? 49
Voices of Ancient Greece and Rome
3. Athenian banks, just like modern banks, sometimes made unwise loans, which cre- ated financial crises when debtors defaulted on their loans. This was the case with the events described in the document.
4. Timotheus apparently believed that he could get away without repaying the money in part because Pasio had recently died at the time that his son, Apollodorus, brought the suit forward.
Document: Apollodorus Speaks
[Apollodorus is speaking; he is referring to Pasio with the words "my father. "] "Let no one of you think, men of the jury, that it is a thing beyond belief that Timotheus should have owed money to my father. On the contrary, when I have called to your minds the occasion on which the loan was contracted and the events in which the defendant [Timotheus] was at that time involved and the straits to which he was reduced, you will then hold that my father was most generous to Timotheus, and that the defendant is not only ungrateful, but is the most dishonest of humankind; for he got from my father all that he asked, and received from the bank money at a time when he was in great need and when he was in grievous danger of losing his life; yet he has not only made no return, but even seeks to rob me of the money which was granted him. And yet, if matters had gone badly with Timotheus, my father's money, too, was lost, for he lent it without security [i. e. , without collateral; an unsecured loan] and without witnesses. But, if the defendant got off safe, it rested with him to choose when, having the funds avail- able, he should pay us back. But for all that . . . my father did not count the holding of large sums of money as impor- tant a matter as to supply Timotheus with what he needed in the time of his distress. No, my father thought . . . that, if Timotheus then got safely out of those dangers and returned home from the service of the king, when the defendant was in better circumstances than at the time, he would not only recover his money, but would be in a position to obtain whatever else he might wish from Timotheus. But as matters have not turned out as my father expected, since the money which Timotheus asked of my father and gratefully received from the bank, he is determined, now that my father is dead, to pay back only if forced to do so by hostile legal procedure, and by con- vincing proof of his indebtedness, and, if he can convince you by deceitful arguments that he is not liable, to rob us of the money--I count it necessary to inform you fully of everything from the beginning: the several loans, the
? ? ? ? ? ? ? ? ? ? grievous danger of losing his life: The delays caused by the necessity of raising money meant that the cam- paign of 374 did not go well. Timotheus was recalled to Athens to stand trial for mismanagement, and might well have been con- demned to death if not for the intervention of two of his wealthy and influential friends.
king: After his trial, and eventual acquittal, Timotheus, hoping to restore his reputation and improve his personal financial status, offered his services to the king of Persia.
men of the jury: Athenian juries were huge, not limited to the "12 good men--or women--and true" of today's typical jury. Athenian juries frequently numbered in the hun- dreds; the jury that condemned Socrates had 501 members; the odd number guaranteed that there would be no tie votes. (Three hun- dred and sixty voted to convict Socrates. ) Juries were always com- posed of men only, often elderly ones; the smallish stipend paid to jurors were particularly coveted by older men who needed the money to make ends meet.
most generous: According to A. T. Murray, editor/translator of the document, the loan could be item- ized thus: 1,351 drachmas and two
? ? ? 50
purpose for which he expended each sum, and the dates at which the obligations were contracted. And let no one of you wonder that I have accurate knowledge of these matters; for bankers are accustomed to write out memo- randa of the sums which they lend, the purposes for which funds are desired, and the payments which a bor- rower makes, in order that his receipts and his payments may be known to them for their accounts. " [Tr. A. T. Murray. Demosthenes V: Private Orations (including Against Timotheus 1-6. ). Volume V. LCL, 1939. Page numbers: 377, 379. ]
AFTERMATH
According to the biographer Plutarch, the famous orator
Demosthenes "ghost-wrote" the speech that Apollodorus used
against Timotheus; Plutarch also reports that Apollodorus won the
case, which is generally thought to have been litigated in 362 BCE. (Some contemporary his- torians, however, dispute the contention that Demosthenes was the author. ) Timotheus had always had an uneven career in Athenian public life, but his ultimate downfall occurred a few years after the celebrated trial, when, as a military commander, he was blamed for a naval defeat. Once more finding himself in legal hot water, he was tried, convicted, and fined the astronomical sum of 100 talents (perhaps equivalent to $30 million). Not surprisingly, he was unable to pay. He went into exile instead and died shortly after.
Apollodorus continued his forays into the legal system as an advocate, apparently some- times using speeches that Demosthenes wrote for him, sometimes writing his own. Despite the controversies that enveloped him and the enmity that he sometimes brought on himself
Pay It Back! Apollodorus and His Day in Court
? ? ? ? ? ? ? ? ? obols for the fleet in 374 BCE; 10 minas to repay a previous loan; 1 mina, 257 drachmas for a second previous loan; 1,750 drachmas for shipping charges for lumber given to Timotheus by a Macedonian king.
straits to which he was reduced: In 375 BCE, Timotheus had success- fully engaged a Spartan fleet, but in the following year, more hostil- ities commenced, and it was for this purpose that he needed a fresh infusion of money.
? ? ? ? ? ? ? ? ? APOLLODORUS: LOYAL SON OR SNAKE IN THE GRASS?
Pasio had two sons, Apollodorus and Pasicles; 14 years separated Apollodorus from his younger brother. The ancient evidence, gleaned primarily from lawyer/orators like Demosthenes and Isocrates, implies that Apollodorus was a loyal son, working diligently to protect both the bank and his father's good name, especially in controversies like the ones described elsewhere in this part of the chapter.
But there was also a dark side to his nature. Pasio had a trusted business manager, Phormio, who, upon Pasio's death, married Pasio's widow and became Pasicles's legal guardian. Some 20 years after Pasio's death, Apollodorus sued Phormio, demanding from him a payment of the astounding sum of 20 talents (perhaps equivalent to $6 million! ); Apollodorus alleged that Phormio had embezzled this amount from the estate. Demosthenes, who defended Phormio in the case, fired off a few salvos of his own against Apollodorus, accusing him of rapacious behavior, plundering money from the estate that should have been shared with Pasicles.
Apollodorus should have let it alone. Not only did he lose his case, but he failed to gain even one-fifth of the votes of the jurors. The Athenian system provided for a special penalty for any plaintiff who got swamped in the jury voting to that degree: the epobelia, or "one obol on the drachma. " He would have to pay the defendant one- sixth of the damages claimed (since an obol was worth one-sixth of a drachma). In this case, that would presum- ably have amounted to about 3. 3 talents!
But Apollodorus had at least one more arrow in his legal quiver. He subsequently prosecuted one of the wit- nesses, a certain Stephanus, who spoke on behalf of Phormio, charging him with perjury.
? ? 51
Voices of Ancient Greece and Rome
? ? ? ? A SUCCESSFUL FUND-RAISING GENERAL
The general Timotheus, as we have seen, created some trouble for himself by failing to repay a bank loan for money he borrowed to finance his military activities. But Aristotle, in his treatise Athenian Constitution [22. 3], records the method whereby Themistocles successfully raised 100 talents for building warships. In 483 BCE, a rich vein of silver was discovered in a state-owned mine near Athens; the yield was a 100-talent profit for the Athenian government. Some leaders thought the windfall should be distributed among all the people, but Themistocles argued that the money should be lent to the 100 wealthiest citizens, one talent per man. His opinion carried the day, the 100 talents were accordingly lent, and then Themistocles prevailed upon the 100 "lucky winners" to use their newfound money to oversee the construction of warships. Each recipient did so, and none too soon; the Athenians needed those 100 new ships to defeat the mighty Persian navy in the Battle of Salamis in 480.
? ? as a result, he lived a comfortable life, made possible by the money he inherited from his father. He died around 340 BCE.
ASK YOURSELF
1. The portion of the document that has been quoted is taken from the very beginning of Apollodorus's speech to the jury. Do you think he is off to a good start? Do his arguments make sense? If you were the opposing lawyer, what counterarguments might you make?
2. Timotheus is obviously being made to look like a crook and a villain. Do you think that this would be a fair characterization of him? After all, he was put into a position where he had to do a job (providing funds for the fleet) that probably should have been done by the authorities in Athens. What, if anything, could he have done differently?
TOPICS TO CONSIDER
e These days, we hear many news accounts of "frivolous lawsuits. " Perhaps the best example of this kind of case was the suit brought against a noted fast-food chain by a customer who was irate because she burned herself when she spilled some of the hot coffee served to her in the restaurant's drive-through. The incident occurred in 1992, but the case was not resolved until 1994, when the parties settled out of court for an undisclosed sum of money, but apparently the amount was well into the six figures. The Athenian legal system, too, was plagued by what might well be termed frivolous lawsuits. (The comic playwright Aristophanes [ca. 445-380 BCE] ridiculed and satirized the litigious inclinations of his fellow Athenians in a play entitled Wasps, which features, among other amusing incidents, a dog put on trial for stealing a piece of cheese! ) We have numerous tran- scripts of court speeches and cases argued by skilled orator/lawyers like Demosthenes, Isocrates, Aeschines, Isaeus, and Dinarchus, all of whom lived in the fifth and fourth centuries BCE. Could you find among these cases examples of petty or frivolous legal actions, akin to suing a fast-food
? ? ? ? 52
chain for the temperatures at which it serves coffee or putting on trial a
cheese-thieving dog?
e Aristophanes, in his aforementioned play Wasps, does more than simply
create a ridiculous situation like a court case against a dog. Research this play, and find out what else about the court and jury system the playwright found objectionable.
Further Information
Bolkestein, Hendrik. Economic Life in Greece's Golden Age. Leiden, 1958.
Calhoun, George Miller. The Business Life of Ancient Athens. Chicago, 1926.
Frost, Frank J. Greek Society (especially Chapter Four: "The Economies of the Greek
World"). Lexington, MA, 1987. Website
Demosthenes Biography. http://biography. jrank. org/pages/5026/Demosthenes. html
Bibliography for Document
Murray, A. T. (tr. ). Demosthenes V: Private Orations. Volume V. [LCL. ] Cambridge and London, 1939.
Pay It Back! Apollodorus and His Day in Court
53
This page intentionally left blank
11. WORKERS NEEDED FOR BUILDING THE PARTHENON
INTRODUCTION
The fifth-century BCE politician, statesman, and orator Pericles was to a very great extent the face of Athens during its Golden Age, at the midpoint of the century. He came from a weal- thy and distinguished Athenian family, and as a handsome, intelligent, and well-spoken man, he might seem to be a "natural" for the world of politics. After some initial hesitation, he took the plunge, eventually gaining election to the office of strategos, a post to which he was elected 15 consecutive times, from 444 to 429. (Ten strategoi were chosen annually, and although technically military leaders--the word strategos means "general"--they often exerted wide influence in politics and public policy debates and decisions. Usually, one of these 10 emerged as the most influential, and this was clearly Pericles's defining characteristic and the source of his political power in Athens. )
The key to Pericles's electoral and political success was undoubtedly his oratorical abil- ity, a skill that remains critical to this day for aspiring politicians. He was widely regarded as the best public speaker of his time. In 430 BCE, at the conclusion of the first year of the Peloponnesian War, Pericles was chosen to make a speech in honor of Athenian casualties. He used the occasion to deliver a stirring address about the glory of Athens and its democ- racy. Among other things, he proclaimed that for a person in poverty, the real shame was not in the poverty, but in the individual's failure to take measures to escape it.
Pericles was the guiding and driving force behind the explosion of creative activity in art, architecture, literature, economics, and geopolitics that occurred in Athens during his string of electoral victories: a brief but important era called the Athenian Golden Age. Not only did the efforts expended during this time result in the creation of lasting achievements, but they had an equally strong impact on the employment picture in Athens, for virtually any Athenian who wanted a good-paying job could obtain one. The building projects, in particu- lar, generated all sorts of employment opportunities. And while Pericles's oratorical skills may have been central to his success as a politician, the job-creation component of his policy initiatives must certainly also have endeared him to the electorate.
KEEP IN MIND AS YOU READ
1. A construction project of this magnitude would require massive injections of cash. Most of the money came not from taxpayer funds, or contributions from wealthy
?
