τὸν μὲν ἐπιτροπευθῆναι κ.τ.λ. §§ 37, 38.
τὸν δ᾽ ἔχειν ‘Has the document in his custody,’ i.e. the γραμματεῖον inscribed διαθήκη Πασίωνος § 16 ὸ μὲν γραμματεῖον ἔχειν ἐφ᾽ ᾧ γεγράφθαι διαθήκη Πασίωνος.
ἃ γὰρ None of the witnesses corroborate one another; one group depose to one series of isolated facts; another to another.—οὗτοι, Stephanus and his supporters.—ἐκείνων, Pasicles and Nicocles.
ἐὰν ὀδύρωνται Alluding to the pathetic appeals of the peroration. Cf. the miserabiles epilogi of Cicero and the ἐλέου εἰσβολὴ of the Greek Rhetoricians (Volkmann's Rhetorik § 27).
εὔορκα κ.τ.λ. So in the former speech on the other side; Or. 36 § 61 αὐτοὶ εὐορκήσετε.
l.1. τῶν φθασάντων τινὰ προσεισάγεται ‘The speaker establishes afresh some of the points of his former speech; and brings on other new points.’
φθάνειν in this sense is found onlyin late Greek, e.g.Argument to Or. 4 (Philippic) τῷ φθάσαντι (λόγῳ), and Aelian Var. Hist. I 34 τὰ φθάσαντα, ‘the matters before-mentioned.’ ἐπικατασκευάζειν (according to Sophocles' Lex. of late Greek) is found in Dio Cassius L 23, 3 (‘to construct on’) and Eusebius II 557 A (‘to prepare after’). It is here perhaps middle, and not passive. —προσεισάγω is found in Diogenes Laertius IX 88 (quoted by Liddell and Scott, who take it as middle in the present passage).
