by Demosthenes
[23] If you are wise, you will bear this in mind. Turn a deaf ear to those who profess to be devoted to you, and take your own precautions to ensure that you grant to no one the power to make your laws null and void, especially to no one of those who pretend to be able to speak and legislate in the interests of the masses. It is preposterous that your ancestors faced death to save the laws from destruction, but that you do not even punish those who have offended against the laws; that you set up in the market-place a bronze statue of Solon, who framed the laws, but show yourselves regardless of those very laws for the sake of which he has received such exceptional honor.
[24] πῶς δ᾽ οὐκ ἂν εἴη τὸ συμβαῖνον ἄλογον, εἰ νομοθετοῦντες μὲν ὀργίζεσθε τοῖς πονηροῖς, ἐπ᾽ αὐτοφώρῳ δέ τινας εἰληφότες ἀθῴους ἐάσετε; καὶ τὸν μὲν νομοθέτην ἕν᾽ ὄντα πᾶσιν ὑπὲρ ὑμῶν ἀπεχθάνεσθαι τοῖς φαύλοις, ὑμᾶς δὲ μηδ᾽ ὑπὲρ ὑμῶν αὐτῶν κοινῇ συλλεγέντας ἐπιδείξασθαι μισοῦντας τοὺς πονηρούς, ἀλλ᾽ ὑφ᾽ ἑνὸς ἀνδρὸς πονηρίας ἡττηθῆναι; καὶ θάνατον μὲν ὡρικέναι τὴν ζημίαν, ἐάν τις οὐκ ὄντα νόμον παράσχηται, τοὺς δὲ τοὺς ὄντας εἰς τὴν τῶν οὐκ ὄντων νόμων τάξιν ἄγοντας, τούτους ἀτιμωρήτους περιορᾶν;
[24] Is it not an absurd situation that you should by legislating express your anger against the criminals, but, when you have caught any of them red-handed, should proceed to let them go unscathed? That the lawgiver, a single individual, should on your behalf incur the hostility of all the worthless, but that you yourselves, collected together to defend your own interests, should not even display your hatred of the wicked, but should be overpowered by the wickedness of a single individual? That you should have fixed death as the penalty if anyone cites a law which does not exist, and yet should allow men to escape unpunished who reduce the existing laws to the level of laws which do not exist?
[25] οὕτω δ᾽ ἂν ἀκριβέστατα συνθεωρήσαιτε τὸ τοῖς κειμένοις νόμοις πείθεσθαι ἡλίκον ἀγαθόν ἐστιν, καὶ τὸ καταφρονεῖν καὶ τὸ μὴ πειθαρχεῖν αὐτοῖς ἡλίκον κακόν, εἰ τά τ᾽ ἐκ τῶν νόμων ἀγαθὰ χωρὶς καὶ τὰ διὰ τῆς παρανομίας συμβαίνοντα πρὸ ὀφθαλμῶν ὑμῖν αὐτοῖς ποιησάμενοι θεωρήσαιτε. εὑρήσετε γὰρ τὴν μὲν τὰ τῆς μανίας καὶ ἀκρασίας καὶ πλεονεξίας, τοὺς δὲ τὰ τῆς φρονήσεως καὶ σωφροσύνης καὶ δικαιοσύνης ἔργα διαπραττομένους.
[25] The surest way to realize the blessing of obedience to the established laws, and the curse of despising and disobeying them, is to put before your eyes and examine separately the advantages that you derive from the laws and the results of lawlessness. For you will find that the fruits of lawlessness are madness, intemperance and greed, but from the laws come wisdom, sobriety and justice.
[26] δῆλον δέ: τῶν γὰρ πόλεων ταύτας ἄριστ᾽ οἰκουμένας ἴδοιμεν ἂν ἐν αἷς ἄριστοι νομοθέται γεγόνασιν: τὰ μὲν γὰρ ἐν τοῖς σώμασιν ἀρρωστήματα τοῖς τῶν ἰατρῶν εὑρήμασι καταπαύεται, τὰς δ᾽ ἐν ταῖς ψυχαῖς ἀγριότητας αἱ τῶν νομοθετῶν ἐξορίζουσι διάνοιαι. ὅλως δ᾽ οὐδὲν οὔτε σεμνὸν οὔτε σπουδαῖον εὑρήσομεν ὃ μὴ νόμου κεκοινώνηκεν,
[26] This is clearly so, because we can see that those cities are best ordered which have given birth to the best lawgivers. For as the distempers of the body are arrested by the discoveries of physicians, so savagery is expelled from the soul by the wise purposes of the legislator. To sum up we shall find nothing venerable or admirable which is not associated with law,
[27] ἐπεὶ καὶ τὸν ὅλον κόσμον καὶ τὰ θεῖα καὶ τὰς καλουμένας ὥρας νόμος καὶ τάξις, εἰ χρὴ τοῖς ὁρωμένοις πιστεύειν, διοικεῖν φαίνεται. παρακαλέσαντες οὖν ὑμᾶς αὐτούς, ἄνδρες Ἀθηναῖοι, βοηθήσατε μὲν τοῖς νόμοις, καταψηφίσασθε δὲ τῶν εἰς τὸ θεῖον ἀσεβεῖν προῃρημένων. καὶ ταῦτ᾽ ἐὰν πράξητε, τὰ δέοντα ποιήσετε καὶ τὰ κράτιστα ψηφιεῖσθε.
[27] since the whole round world, the heavenly bodies and what we call the seasons are plainly, if we can trust our senses, controlled by law and order. Therefore, men of Athens, exhort one another to come to the rescue of the laws, and cast your votes against those who deliberately dishonor what is divine; and if you do this, you will be doing your duty and making the best use of your votes.
κατὰ Ἀφόβου Ἐπιτροπῆς Α — AGAINST APHOBUS 1
[1] εἰ μὲν ἐβούλετ᾽ Ἄφοβος, ὦ ἄνδρες δικασταί, τὰ δίκαια ποιεῖν ἢ περὶ ὧν διεφερόμεθα τοῖς οἰκείοις ἐπιτρέπειν, οὐδὲν ἂν ἔδει δικῶν οὐδὲ πραγμάτων: ἀπέχρη γὰρ ἂν τοῖς ὑπ᾽ ἐκείνων γνωσθεῖσιν ἐμμένειν, ὥστε μηδεμίαν ἡμῖν εἶναι πρὸς τοῦτον διαφοράν. ἐπειδὴ δ᾽ οὗτος τοὺς μὲν σαφῶς εἰδότας τὰ ἡμέτερ᾽ ἔφυγε μηδὲν διαγνῶναι περὶ αὐτῶν, εἰς δ᾽ ὑμᾶς τοὺς οὐδὲν τῶν ἡμετέρων ἀκριβῶς ἐπισταμένους ἐλήλυθεν, ἀνάγκη ἐστὶν ἐν ὑμῖν παρ᾽ αὐτοῦ πειρᾶσθαι τῶν δικαίων τυγχάνειν.
[1] If Aphobus, men of the jury, had been willing to do what is fair, or to submit the matters in dispute between us to the arbitration of friends, there would be no occasion for a troublesome lawsuit; for I should have been satisfied to abide by their decision, and we should have had no controversy with him. Since, however, he has refused to let those well acquainted with our affairs give a decision, and has come before you, who have no accurate knowledge of them, it must be in your court that I try to win from him what is my due.
[2] οἶδα μὲν οὖν, ὦ ἄνδρες δικασταί, ὅτι πρὸς ἄνδρας καὶ λέγειν ἱκανοὺς καὶ παρασκευάσασθαι δυναμένους χαλεπόν ἐστιν εἰς ἀγῶνα καθίστασθαι περὶ τῶν ὄντων ἁπάντων, ἄπειρον ὄντα παντάπασι πραγμάτων διὰ τὴν ἡλικίαν: ὅμως δέ, καίπερ πολὺ τούτων καταδεέστερος ὤν, πολλὰς ἐλπίδας ἔχω καὶ παρ᾽ ὑμῖν τεύξεσθαι τῶν δικαίων καὶ μέχρι γε τοῦ τὰ γεγενημένα διεξελθεῖν καὶ αὐτὸς ἀρκούντως ἐρεῖν, ὥσθ᾽ ὑμᾶς μήτ᾽ ἀπολειφθῆναι τῶν πραγμάτων μηδὲ καθ᾽ ἓν μήτ᾽ ἀγνοῆσαι περὶ ὧν δεήσει τὴν ψῆφον ἐνεγκεῖν.
[2] I know well, men of the jury, that it is a hard task to enter into a contest in which all my fortune is at stake with men who are able speakers and clever in preparing their case, while I because of my youth am wholly without experience in affairs. Yet nevertheless, although they have every advantage over me, I have strong hopes that I shall obtain justice in your court, and that, as far at least as relating the facts, I shall myself speak well enough to ensure that not a single detail shall escape you, and that you will not be in the dark regarding the matters concerning which you are to cast your vo
te.
[3] δέομαι δ᾽ ὑμῶν, ὦ ἄνδρες δικασταί, μετ᾽ εὐνοίας τέ μου ἀκοῦσαι, κἂν ἠδικῆσθαι δοκῶ, βοηθῆσαί μοι τὰ δίκαια. ποιήσομαι δ᾽ ὡς ἂν δύνωμαι διὰ βραχυτάτων τοὺς λόγους. ὅθεν οὖν ῥᾷστα μαθήσεσθε περὶ αὐτῶν, ἐντεῦθεν ὑμᾶς καὶ ἐγὼ πρῶτον πειράσομαι διδάσκειν.
[3] I beg of you, men of the jury, to give me a favorable hearing, and, if you judge that I have been wronged, to render me the aid which is my due. I shall make my speech as brief as possible, and shall begin by endeavoring to inform you of the facts from which you will most readily understand the case.
[4] Δημοσθένης γὰρ οὑμὸς πατήρ, ὦ ἄνδρες δικασταί, κατέλιπεν οὐσίαν μὲν σχεδὸν τεττάρων καὶ δέκα ταλάντων, ἐμὲ δ᾽ ἕπτ᾽ ἐτῶν ὄντα καὶ τὴν ἀδελφὴν πέντε, ἔτι δὲ τὴν ἡμετέραν μητέρα πεντήκοντα μνᾶς εἰς τὸν οἶκον εἰσενηνεγμένην. βουλευσάμενος δὲ περὶ ἡμῶν, ὅτ᾽ ἔμελλε τελευτᾶν, ἅπαντα ταῦτ᾽ ἐνεχείρισεν Ἀφόβῳ τε τουτῳὶ καὶ Δημοφῶντι τῷ Δήμωνος υἱεῖ, τούτοιν μὲν ἀδελφιδοῖν ὄντοιν, τῷ μὲν ἐξ ἀδελφοῦ, τῷ δ᾽ ἐξ ἀδελφῆς γεγονότοιν, ἔτι δὲ Θηριππίδῃ τῷ Παιανιεῖ, γένει μὲν οὐδὲν προσήκοντι, φίλῳ δ᾽ ἐκ παιδὸς ὑπάρχοντι.
[4] Demosthenes, my father, men of the jury, left at his death an estate of nearly fourteen talents, a son, myself, aged seven, and my sister, aged five, and his widow, our mother, who had brought him a fortune of fifty minae. He had taken thought for our welfare, and, when he was about to die, put all this property in the hands of the defendant, Aphobus, and Demophon, son of Demo, nephews of his, one by his brother, the other by his sister, and of Therippides of Paeania, who was not a relative, but had been his friend from boyhood.
[5] κἀκείνῳ μὲν ἔδωκεν ἐκ τῶν ἐμῶν ἑβδομήκοντα μνᾶς καρπώσασθαι τοσοῦτον χρόνον, ἕως ἐγὼ ἀνὴρ εἶναι δοκιμασθείην, ὅπως μὴ δι᾽ ἐπιθυμίαν χρημάτων χεῖρόν τι τῶν ἐμῶν διοικήσειεν: Δημοφῶντι δὲ τὴν ἐμὴν ἀδελφὴν καὶ δύο τάλαντ᾽ εὐθὺς ἔδωκεν ἔχειν, αὐτῷ δὲ τούτῳ τὴν μητέρα τὴν ἐμὴν καὶ προῖκ᾽ ὀγδοήκοντα μνᾶς, καὶ τὴν οἰκίαν οἰκεῖν καὶ σκεύεσι χρῆσθαι τοῖς ἐμοῖς, ἡγούμενος, καὶ τούτους ἔτ᾽ οἰκειοτέρους εἴ μοι ποιήσειεν, οὐκ ἂν χεῖρόν μ᾽ ἐπιτροπευθῆναι ταύτης τῆς οἰκειότητος προσγενομένης.
[5] To Therippides he gave the interest on seventy minae of my property, to be enjoyed by him until I should come of age, in order that avarice might not tempt him to mismanage my affairs. To Demophon he gave my sister with a dowry of two talents, to be paid at once, and to the defendant himself he gave our mother with a dowry of eighty minae, and the right to use my house and furniture. His thought was that, if he should unite these men to me by still closer ties, they would look after my interests the better because of this added bond of kinship.
[6] λαβόντες δ᾽ οὗτοι ταῦτα πρῶτον σφίσιν αὐτοῖς ἐκ τῶν χρημάτων, καὶ τὴν ἄλλην οὐσίαν ἅπασαν διαχειρίσαντες, καὶ δέκ᾽ ἔτη ἡμᾶς ἐπιτροπεύσαντες, τὰ μὲν ἄλλα πάντ᾽ ἀπεστερήκασιν, τὴν οἰκίαν δὲ καὶ ἀνδράποδα τέτταρα καὶ δέκα καὶ ἀργυρίου μνᾶς τριάκοντα, μάλιστα σύμπαντα ταῦτ᾽ εἰς ἑβδομήκοντα μνᾶς παραδεδώκασι.
[6] But these men, who took at once their own legacies from the estate, and as my guardians administered all the remainder for ten years, have robbed me of my entire fortune except the house, and fourteen slaves and thirty silver minae, which they have handed over to me — amounting in all to about seventy minae.
[7] καὶ τὸ μὲν κεφάλαιον τῶν ἀδικημάτων, ὡς ἂν συντομώτατ᾽ εἴποι τις, τοῦτ᾽ ἔστιν, ὦ ἄνδρες δικασταί: τὸ δὲ πλῆθος τῆς οὐσίας ὅτι τοῦτ᾽ ἦν τὸ καταλειφθέν, μέγιστοι μὲν αὐτοὶ μάρτυρές μοι γεγόνασιν: εἰς γὰρ τὴν συμμορίαν ὑπὲρ ἐμοῦ συνετάξαντο κατὰ τὰς πέντε καὶ εἴκοσι μνᾶς πεντακοσίας δραχμὰς εἰσφέρειν, ὅσονπερ Τιμόθεος ὁ Κόνωνος καὶ οἱ τὰ μέγιστα κεκτημένοι τιμήματ᾽ εἰσέφερον: δεῖ δὲ καὶ καθ᾽ ἕκαστον ὑμᾶς ἀκοῦσαι τά τ᾽ ἐνεργὰ αὐτῶν καὶ ὅσ᾽ ἦν ἀργὰ καὶ ὅσου ἦν ἄξι᾽ ἕκαστα. ταῦτα γὰρ μαθόντες ἀκριβῶς εἴσεσθε, ὅτι τῶν πώποτ᾽ ἐπιτροπευσάντων οὐδένες ἀναιδέστερον οὐδὲ περιφανέστερον ἢ οὗτοι τὰ ἡμέτερα διηρπάκασιν.
[7] This, men of the jury, to put it as briefly as possible, is a summing up of the wrongs they have done me. But of the fact that the amount of property left by my father was as much as I have stated these men themselves have proved the most convincing witnesses, for in the tax-company they agreed on my behalf to a tax of five hundred drachmae on every twenty-five minae — a tax equal to that paid by Timotheus, son of Conon, and those possessing the largest fortunes. However, I had better inform you in detail what portions of the property were producing a profit and what were unproductive, and what were their respective values; for when you have accurate information regarding these matters, you will know that of all who have ever acted as trustees none have so shamelessly and so openly plundered an estate as these men have plundered ours.
[8] πρῶτον μὲν οὖν ὡς συνετιμήσανθ᾽ ὑπὲρ ἐμοῦ ταύτην τὴν εἰσφορὰν εἰς τὴν συμμορίαν, παρέξομαι τούτων μάρτυρας, ἔπειθ᾽ ὅτι οὐ πένητα κατέλιπέν μ᾽ ὁ πατὴρ οὐδ᾽ ἑβδομήκοντα μνῶν οὐσίαν κεκτημένον, ἀλλὰ τοσαύτην ὅσην οὐδ᾽ αὐτοὶ οὗτοι ἀποκρύψασθαι διὰ τὸ μέγεθος πρὸς τὴν πόλιν ἐδυνήθησαν. καί μοι ἀναγίγνωσκε λαβὼν ταύτην τὴν μαρτυρίαν.”Μαρτυρία”
[8] I shall produce witnesses to prove, first, that in the tax-company they agreed on my behalf to be taxed to the amount which I have stated, and, next, that my father did not leave me a poor man, nor one possessing an estate of merely seventy minae. On the contrary, my estate was so considerable that these men were themselves unable to hide its value from the state.
Take, please, and read this deposition.” Deposition”
[9] δῆλον μὲν τοίνυν καὶ ἐκ τούτων ἐστὶν τὸ πλῆθος τῆς οὐσίας. πεντεκαίδεκα ταλάντων γὰρ τρία τάλαντα τίμημα: ταύτην ἠξίουν εἰσφέρειν τὴν εἰσφοράν. ἔτι δ᾽ ἀκριβέστερον εἴσεσθε τὴν οὐσίαν αὐτὴν ἀκούσαντες: ὁ γὰρ πατήρ, ὦ ἄνδρες δικασταί, κατέλιπεν δύ᾽ ἐργαστήρια, τέχνης οὐ μικρᾶς ἑκάτερον, μαχαιροποιοὺς μὲν τριάκοντα καὶ δύ᾽ ἢ τρεῖς, ἀνὰ πέντε μνᾶς καὶ ἕξ, τοὺς δ᾽ οὐκ ἐλάττονος ἢ τριῶν μνῶν ἀξίους, ἀφ᾽
ὧν τριάκοντα μνᾶς ἀτελεῖς ἐλάμβανεν τοῦ ἐνιαυτοῦ τὴν πρόσοδον, κλινοποιοὺς δ᾽ εἴκοσι τὸν ἀριθμόν, τετταράκοντα μνῶν ὑποκειμένους, οἳ δώδεκα μνᾶς ἀτελεῖς αὐτῷ προσέφερον, ἀργυρίου δ᾽ εἰς τάλαντον ἐπὶ δραχμῇ δεδανεισμένου, οὗ τόκος ἐγίγνετο τοῦ ἐνιαυτοῦ ἑκάστου πλεῖν ἢ ἑπτὰ μναῖ.
[9] From this evidence it is clear what the value of the property was. Three talents is the tax on an estate of fifteen, and this tax they saw fit to pay. But you will see this more clearly if you hear what the property was. My father, men of the jury, left two factories, both doing a large business. One was a sword-manufactory, employing thirty-two or thirty-three slaves, most of them worth five or six minae each and none worth less than three minae. From these my father received a clear income of thirty minae each year. The other was a sofa-manufactory, employing twenty slaves, given to my father as security for a debt of forty minae. These brought him in a clear income of twelve minae. In money he left as much as a talent, loaned at the rate of a drachma a month, the interest of which amounted to more than seven minae a year.