‘On what ground should a statement be believed? Should we not say, on the ground of the evidence? I fancy so. And on what ground should we believe witnesses? From the fact that they have been tortured? Naturally. And on what grounds should we disbelieve the statements of the plaintiffs? Because they shrink from this test? Most certainly.’[167]
A third quotation gives a good example of the purely ornamental use of the rhetorical question; it is precious as showing us that Isaeus was on occasion capable of applying a lighter touch. He is so coldly logical as a rule that we turn with relief to any exhibition of ordinary feeling:
‘Who was there who omitted to cut his hair short when the two talents arrived? Who was there who failed to wear black, hoping that his mourning would give him a claim to the inheritance? Or how many relatives and sons laid claim, by deed of gift, to the estate of Nicostratus? Demosthenes said he was his nephew, but when the present claimants disproved his statement, he retired. Telephus said that Nicostratus had given him all his property. He too soon ceased to be a claimant. Ameiniades came before the archon and produced a son for Nicostratus—a child less than three years old, though Nicostratus had not been in Athens for eleven years past. Pyrrhus of Lamptra said that the money had been dedicated by Nicostratus to Athena, but given by Nicostratus to himself. Ctesias of Besaea and Cranaus first said that judgment had been given in their favour against Nicostratus for a talent, and when they could not prove it, asserted that he was their freedman. They, like the rest, failed to establish their statement.
‘These were the parties who in the first instance pounced at once upon the property of Nicostratus. Chariades made no claim at the time.’[168]
Dionysius, a very keen critic on the literary side, misses in Isaeus the grace and charm of Lysias, but allows him more cleverness.[169]
This ‘charm,’ by which Dionysius could distinguish a genuine speech of Lysias, is incapable of definition and too elusive for our blunter wits to apprehend; but we can form a general impression that the diction of Lysias has something in it more pleasing than that of Isaeus. Perhaps there is something in the illustration which the ancient critic applies, when he compares the speeches of the former to a clearly drawn picture of simple colour and design; those of the latter to a more elaborate and ingenious composition, where there is more play of light and shade and the depth and brilliance of the colouring in some cases obscures the lines—with a suggestion that the drawing may be faulty.[170] This simile, however, applies more truly to the structure of the speeches than to the diction. Dionysius recurs to the style,[171] and quotes parallel extracts from the introductions to speeches by the two writers to demonstrate the simplicity of Lysias and the artificiality of Isaeus. The demonstration is not overpowering. The first specimen from Lysias is indeed simple and clear, but the extract from Isaeus, though the language is a little more elaborate, seems equally suitable for its purpose.
Lysias wrote as follows:
‘I feel, Gentlemen, that I must tell you about my friendship with Pherenicus, so that none of you may be surprised that I, who have never before pleaded for any one else, am now pleading for him. I had a friend in his father Cephisodotus, and when our party was exiled to Thebes I stayed with him, as did any other Athenian who wished to.
‘He did us many kind services, both officially and privately, before we were restored to our homes. So when his family met with the same misfortune, and came in exile to Athens, I felt that I owed them the greatest possible gratitude, and received them in such intimate fashion that nobody who came to the house, and did not know, could tell which of us was the owner of it. Now Pherenicus knows that there are many who are cleverer speakers than I, and have more experience of such business; but he thinks that he can rely absolutely on my friendship. So I should think it disgraceful, when he asks me and urges me to support his claims, to allow him to lose Androclides’ gift, if I can do anything to prevent it.’[172]