However I do not think myself that in addition to my other troubles I deserve to be disfranchised by Athenogenes.Disfranchisement could only follow upon condemnation if the plaintiff failed to obtain one-fifth of the votes and so became liable to pay ἐπωβελία,i.e., compensation to Athenogenes at the rate of one-sixth of the sum in question. On failure to pay this he would become liable to prosecution again (δίκη ἐξούλης) and if condemned would have to pay a fine to the state too. Finally as a state debtor he would be liable to loss of civic rights (ἀτιμία). The payment of ἐπωβελία certainly obtained in mercantile, and some other cases, and probably in cases of damage also. See Andoc. 1.73; Dem. 21.44, Dem. 27.67, Dem. 28.21, Dem. 47.64; Aeschin. 1.163. For I should be receiving harsh treatment indeed, gentlemen of the jury, if of the metics to come unguarded.

During the war against Philip he left the city just before the battle and did not serve with you at Chaeronea. Instead, he moved to Troezen, disregarding the lawThis law, which is not mentioned by any other writer appears to be the same as the one subsequently read out (§ 33) which forbade resident aliens to emigrate in time of war. It is not clear, however, why the clause quoted here should relate to an attempted return on the part of the lawbreaker rather than to his actual departure. If the plaintiff is making a valid point we must assume that the law existed before the battle of Chaeronea, since it was then that Athenogenes left Athens. If so, it must have applied to resident aliens only (as indeed appears from § 33 to have been the case) for had it applied to citizens, Lycurgus would surely have mentioned it in his speech against Leocrates, as he was there concerned with just this question. It is possible, however, that Hyperides is alluding to some provision which did not come into force until the time of emergency after Chaeronea, but is attempting to impose on the ignorance of his hearers. which says that a man who moves in wartime shall be indicted and summarily arrested if he returns. The reason for the move, it seems, was this: he thought that the city of Troezen would survive, whereas he had passed a sentence of death on ours. His daughters whom he had brought up in the prosperity which you provided he married off with the intention of returning later to carry on his business when peace was established.