by Demosthenes
For myself, I am the most wretched of men. I am helpless both to give my sister a portion and to maintain myself. Besides this, the state is pressing me hard, demanding taxes, and with right, for my father left me an estate large enough to pay them; but these men have taken all the money left me. [67] And now, in seeking to recover what is mine, I have come into the greatest peril; for if the defendant is acquitted （which heaven forbid!） I shall have to pay one-sixth of the damages, one hundred minae. The defendant, if you give judgement against him, will be liable for a sum to be determined, and will make payment, not out of his own funds, but out of mine; while in my case the sum is fixed, so that I shall not only have been robbed of my inheritance, but shall also lose my civic rights, unless you now take pity on me. [68] I beg you, therefore, men of the jury, I entreat, I implore you, to remember the laws and the oaths which you took as jurors, to render me the aid that is my due, and not to count the pleas of this man of higher worth than mine. It is your duty to show pity, not toward the guilty, but toward those in unmerited misfortune; not upon those who so cruelly rob another of his goods, but upon me, who have for so long a time been deprived of my inheritance and treated with outrage by these men, and who am now in danger of losing my civic rights. [69] Loudly methinks, would my father groan, should he learn that I, his son, am in danger of being forced to pay the sixth part of the marriage-portions and legacies given by himself to these men; and that, while others of our countrymen out of their own funds have dowered the daughters of impoverished kinsfolk and even friends, Aphobus refuses to pay back even the marriage-portion which he took, and that too in the tenth year.
AGAINST APHOBUS 2
Translated by A. T. Murray
Of the many outrageous lies which Aphobus uttered in his address to you, I shall try to refute first, that one at which I felt greater indignation than at anything else he said. For he declared that my grandfather was a debtor to the state, and that for this reason my father would not have the property let, for fear of the risks he would run. This is the pretence he uses; but he brought forward no proof that my grandfather died indebted to the state. He did introduce evidence that he became a state-debtor, but he waited until the last day, and kept this evidence for his second speech, thinking that by it he would be able to give a malicious turn to the matter. So, if he reads it, give close heed. [2] For you will find that the evidence adduced proves not that my grandfather is a state-debtor, but that he was one. I shall undertake first to refute this charge of which he thinks to make so much, and which we declare to be false. If I had been able to do so, and had not been thus ensnared by lack of time, I should have brought forward witnesses to prove that the money was paid in full, and that everything was settled between my grandfather and the state; as it is, I shall show by strong proofs that he was not indebted at the time of his death, and that we incurred no risks in letting our wealth be known. [3]
In the first place Demochares, who married my mother’s sister, a daughter of Gylon, has not concealed his property, but acts as choregus and as trierarch, and performs other public services, without any fear of such consequences. In the second place, my father voluntarily revealed the rest of his property, and in particular the four talents and three thousand drachmae, which these men by their accusations against one another admit to have been mentioned in the will, and to have been received by them. [4] Furthermore, Aphobus himself in conjunction with his co-trustees revealed to the state the amount of the property left me, when he appointed me leader of the tax-group and that at no low rating, but at one so high as to entail a payment of five hundred drachmae on each twenty-five minae. And yet, if there were any truth in what he says, he would not have acted thus, but would have taken every precaution. But, as it is, Demochares, and my father, and these men themselves have manifestly let their wealth be known; they plainly feared no such risk as that of which he speaks. [5]
Strangest of all is it that, though they allege that my father would not permit them to let the property, they should never produce this will from which one could have learned the truth, and that having destroyed so important a piece of evidence, they should expect you to believe them on their mere word. It was their duty on the contrary, as soon as my father died, to call in a number of witnesses and to bid them seal the will, so that, in case any dispute should arise, it would have been possible to refer to the writing itself, and so learn the whole truth. [6] But, as it is, they thought proper to have some other papers sealed, in which many items of the property left were not inscribed — papers which were mere memoranda; but the will itself, which gave them possession of the papers to which they affixed their seals, and all the rest of the property, and which acquitted them of all responsibility for not letting the estate, they did not seal, nor yet produce. You ought presumably to believe them in anything they say about this matter. [7]
I, for my part, cannot understand what it is they mean. My father, they say, would not suffer them to let the estate, or to disclose the value of the property. To me, do you mean, or to the state? Quite the contrary: you have plainly disclosed it to the state, but have hidden it absolutely from me. You have not even revealed the fund which was the basis for your assessment in the payment of the property-tax. Show me this fund. What was it? Where did you deliver it over to me, and in whose presence? [8] Of the four talents and three thousand drachmae, you received the two talents and eighty minae, so that you did not include even these in the return you made on my behalf to the public treasury; for at that time they were your property. But the house and the fourteen slaves and the thirty minae which you gave over into my hands, could not have been assessed at any such sum as that which you agreed to pay to the tax-group. [9] Nay; it is absolutely certain that the property left by my father was much more than this, and that it is all in your possession. It is because you are plainly proved to have made havoc of it that you have the audacity to make up such falsehoods. Sometimes you refer the responsibility to one another; again you mutually accuse one another of having received funds; you claim to have received but little, yet you have made reports of large expenditures. [10] You have acted jointly as my guardians, but thereafter you scheme each one for himself. The will from which we could have learned the truth about everything you have made to disappear; and it appears that you are never in agreement when you speak of one another.
Take the depositions and read them all in turn to the jury, that they may bear in mind the testimony that has been brought and the statements that have been made, and so reach a more correct decision.” Depositions “ [11]
There you have the assessment to which these men consented in my name, placing my estate in the class of those possessing fifteen talents, whereas the property which the three together have handed over to me is not worth seventy minae.
Read the next.” Depositions”
This dowry, his possession of which is proved by the testimony of the trustees and of others to whom he confessed that he had received it, he has never paid back, nor has he furnished maintenance.
Take the others and read them.” Depositions “ [12]
For two years he conducted the business of the factory and paid to Therippides the hire of the slaves, but to me, though he took the profits for two years, amounting to thirty minae, he has turned over neither that sum nor the interest upon it.
Take and read the next.” Deposition”
These slaves the defendant took to himself, together with all the other things given to us as surety with them. He has reckoned up so heavy an outlay for their maintenance, but absolutely nothing as profit from them; and the men themselves he has made to vanish, though they brought in a clear profit of twelve minae each year.
Read the next.” Deposition “ [13]
After selling this ivory and iron, he declares that none had been left me, but tries to defraud me of the value of these articles also, about a talent.
Read these.” Depositions”
These three talents and one thousand drachmae he has in
his hands besides the rest — five talents of capital of which he has taken possession. Adding the interest, if one reckons it at a drachma a month only, he holds more than ten talents.
Read the next ones.” Depositions “ [14]
That these items were written in the will, and were received by them, is proved by their testimony against one another. But Aphobus, though admitting that he was sent for by my father, and though he came to the house, declares that he did not come into the presence of my father, who had sent for him, nor enter into any agreement in regard to these matters, but merely heard Demophon read a document and Therippides say that my father made these arrangements; whereas in fact he was the first to go in and had agreed with my father to carry out in all respects precisely what he wrote in his will. [15] For my father, men of the jury, when he saw that he was not to recover from his sickness, called together these three men, and causing his brother Demon to sit with them by his side, placed our persons in their hands, calling us a sacred deposit. My sister he gave to Demophon with a dowry of two talents to be paid at once, and betrothed her to him in marriage; me, together with my property, he committed to the care of them all in common, charging them to let the property, and by their joint efforts to preserve the estate for me. [16] At the same time he gave to Therippides the seventy minae, and betrothed my mother to the defendant with her portion of eighty minae, and placed me on his knees. To all this Aphobus, the most impious of men, has paid no heed, although these were the terms upon which he became possessed of my estate. Nay, after joining with his co-trustees in robbing me of everything, he will now claim your compassion, although what he with the two others has paid back to me does not amount even to seventy minae, and even this he is plotting to get back again. [17] For when I was on the point of instituting this suit against them they attacked me by having an exchange of estates tendered me, in order that, if I accepted it, I might not be allowed to pursue my action against them, since （they thought） this suit would then belong to the one tendering the exchange; and if I did not do so, I might undertake the service with slender means, and so be absolutely ruined. In this matter Thrasylochus of Anagyrus was their tool. I, with no thought of the consequences, accepted the exchange with him, but excluded him from the premises hoping to win a court decision, but, failing of this, and being hard pressed for time, rather than be forced to give up my suit, I mortgaged my house and all my property, and paid the cost of the service in question, being eager to bring before you my suit against these men. [18]
Is not the wrong I have suffered from the beginning great indeed, and great the harm they are striving to do me now, because I seek to obtain redress? Who of you would not rightly feel indignation against this man and pity for me, seeing that to the estate of more than ten talents which he inherited there has been added my own of such considerable size, while I have not only been defrauded of my inheritance, but am by the rascality of these men being robbed even of what they have now repaid me? To what are we to turn, if you give a different decision regarding them? To the goods mortgaged to our creditors? But they belong to the holders of the mortgage. To what is left after the creditors are paid? But that becomes the property of the defendant, if you condemn me to pay an obol on each drachma. [19] Do not, men of the jury, be to us the cause of such deep distress; do not allow my mother, my sister and myself to suffer undeserved misfortunes. It was not to prospects such as these that my father left us. Nay, my sister was to be the wife of Demophon with a dowry of two talents, my mother the wife of this most ruthless of all men with a dowry of eighty minae, and I as my father’s successor was to perform state services as he had done. [20] Succor us, then, succor us, for the sake of justice, for your own sakes, for ours, and for my dead father’s sake. Save us; have compassion on us since these, our relatives, have felt no compassion. It is to you that we have fled for protection. I beseech you, I implore you by your children, by your wives, by all the good things you possess. So may heaven give you joy of them, do not look upon me with indifference nor cause my mother, deprived of the hopes in life that are left her, to suffer a lot unworthy of her. [21] She now thinks that she is to welcome me home after I have won a just verdict from you, and that my sister will not be portionless. But, if you decide adversely （which may heaven forfend） what, think you, will be her anguish of soul when she sees me not only robbed of my patrimony, but disenfranchised as well, and has no hope that my sister will find an establishment that befits her station because of the poverty that will be ours? [22] I have not deserved, men of the jury, to fail of justice at your hands, nor has Aphobus deserved that he should retain all the money that he has wrongfully taken. Regarding myself, even though you have as yet had no experience to prove what manner of man I am in my relations to you, yet it is fair to expect that I shall not be worse than my father; but of this man you have had experience, and you know well that, though he inherited a large estate, he has shown no generosity toward you, but has been proven to be a defrauder of others. [23]
Look, then, to this, and bear in mind the other facts; and then cast your vote on the side of justice. You have evidence that is adequate, evidence from witnesses, from depositions, from probabilities, from the statements of these men themselves who acknowledge that they took possession of my entire estate. They say they have spent it, but they have not spent it; they have it all in their own possession. [24]
All these things should be in your minds, and you should show some consideration for us, knowing that, if I recover my property through your aid, I shall naturally be ready to undertake public services, being grateful to you for rightfully restoring to me my estate; while this fellow, if you make him master of my goods, will do nothing of the kind. Do not imagine that he will be ready to undertake public services for you on behalf of property which he denies having received. Nay; he will conceal it rather, that it may appear that he was justly acquitted.
AGAINST APHOBUS 3
Translated by A. T. Murray
If I were not conscious, men of the jury, that in a former suit against Aphobus I had readily （so absolutely manifest were his wrongdoings） convicted him of lies greater and more outrageous than these which he now utters, I should have grave doubts of my ability to show how he seeks to lead you astray in regard to each one of them. As it is, however （be it said with the favor of heaven）, if you prove fair and impartial hearers, I have strong hopes that you will become as fully aware of the shamelessness of this man as were the jurors in the former trial. If the case required eloquence or cleverness I should shrink through distrust of my youth; but, as matters are, I need merely point out and rehearse to you what the plaintiff’s conduct toward us has been. From this it will be easy, I think, for all of you to determine which of us is the villain. [2]
I know that the plaintiff has instituted this suit, not because he believes he can convict anyone of having borne false witness against him, but because he thinks that the large amount of damages which he was condemned to pay will give rise to a feeling of prejudice against me, and of compassion toward himself. For this reason he is now seeking to defend himself against charges made in a suit that has already been decided, regarding which he had at the time no reasonable defence to make. I, for my part, men of the jury, if I had proceeded to execute the judgement against him and had been unwilling to make any reasonable concession, should even so have done no wrong in exacting the damages awarded by your decision; but for all that it might have been said that I had shown undue ruthlessness and enmity toward a man who is a relative in depriving him of all his property. [3] But, as it is, the precise contrary is the truth. This man with his co-trustees has robbed me of my entire patrimony, and, even after being clearly convicted in your court, he does not consider himself obliged to do anything reasonable. On the contrary he has dispersed his property, giving his farm-buildings to Aesius and his farm to Onetor, against whom he has forced me to engage in a troublesome lawsuit. He himself stripped the house of its furniture, took away the slaves, destroyed th
e wine-vat, tore off the doors, and all but set fire to the house itself; then he made off to Megara, where he has settled and paid the alien’s tax. You would, therefore, with better ground loathe this man for deeds like these, than judge me guilty of undue severity. [4]
Regarding the rapacity and vile character of the plaintiff I purpose to speak at length before you later on, though what you have even now heard gives you a fair idea of it. But I shall now undertake to show you, that the testimony which has been given, about which you are going to cast your votes, is true. But one request I make of you, men of the jury, and it is a reasonable one — that you will give us both a fair hearing. This is as much in your interest as in mine, for the more accurate your knowledge of the facts, the more just and in harmony with your oaths will be the vote you will cast regarding them. [5] I shall show that Aphobus has not only acknowledged Milyas to be a freeman, but has even proved it by his actions; that, furthermore, about this matter he has declined the absolutely sure test by torture, and does not wish to have the truth brought to light that on the contrary he has recourse to trickery, brings forward false witnesses, and by his own words distorts the truth regarding what has taken place. So strong and so plain is the evidence by which I shall prove these statements that you will all see clearly that it is I who am speaking the truth, and that he has uttered not a word worthy of credence. I shall begin at a point which will make it easiest for you to learn the facts, and for me to instruct you regarding them in the briefest time. [6]