by Demosthenes
[10] καὶ ταῦτα μὲν ἐνεργὰ κατέλιπεν, ὡς καὶ αὐτοὶ οὗτοι ὁμολογήσουσιν: ὧν γίγνεται τοῦ μὲν ἀρχαίου κεφάλαιον τέτταρα τάλαντα καὶ πεντακισχίλιαι, τὸ δ᾽ ἔργον αὐτῶν πεντήκοντα μναῖ τοῦ ἐνιαυτοῦ ἑκάστου. χωρὶς δὲ τούτων ἐλέφαντα μὲν καὶ σίδηρον, ὃν κατηργάζοντο, καὶ ξύλα κλίνει᾽ εἰς ὀγδοήκοντα μνᾶς ἄξια, κηκῖδα δὲ καὶ χαλκὸν ἑβδομήκοντα μνῶν ἐωνημένα, ἔτι δ᾽ οἰκίαν τρισχιλίων, ἔπιπλα δὲ καὶ ἐκπώματα καὶ χρυσία καὶ ἱμάτια, τὸν κόσμον τῆς μητρός, ἄξια σύμπαντα ταῦτ᾽ εἰς μυρίας δραχμάς, ἀργυρίου δ᾽ ἔνδον ὀγδοήκοντα μνᾶς.
[10] This was the amount of productive capital which my father left, as these men will themselves admit, the principal amounting to four talents and five thousand drachmae, and the proceeds to fifty minae each year. Besides this, he left ivory and iron, used in the factory, and wood for sofas, worth about eighty minae; and gall and copper, which he had bought for seventy minae; furthermore, a house worth three thousand drachmae, and furniture and plate, and my mother’s jewelry and apparel and ornaments, worth in all ten thousand drachmae, and in the house eighty minae in silver.
[11] καὶ ταῦτα μὲν οἴκοι κατέλιπεν πάντα, ναυτικὰ δ᾽ ἑβδομήκοντα μνᾶς, ἔκδοσιν παρὰ Ξούθῳ, τετρακοσίας δὲ καὶ δισχιλίας ἐπὶ τῇ τραπέζῃ τῇ Πασίωνος, ἑξακοσίας δ᾽ ἐπὶ τῇ Πυλάδου, παρὰ Δημομέλει δὲ τῷ Δήμωνος υἱεῖ χιλίας καὶ ἑξακοσίας, κατὰ διακοσίας δὲ καὶ τριακοσίας ὁμοῦ τι τάλαντον διακεχρημένον. καὶ τούτων αὖ τῶν χρημάτων τὸ κεφάλαιον πλέον ἢ ὀκτὼ τάλαντα καὶ πεντήκοντα μναῖ γίγνονται. συμπάντων δ᾽ εἰς τέτταρα καὶ δέκα τάλανθ᾽ εὑρήσετε σκοποῦντες.
[11] To these sums left by him at home we must add seventy minae, a maritime loan to Xuthus; twenty-four hundred drachmae in the bank of Pasion, six hundred in that of Pylades, sixteen hundred in the hands of Demomeles, son of Demon, and about a talent loaned without interest in sums of two hundred or three hundred drachmae. The total of these last sums amounts to more than eight talents and fifty minae, and the whole taken together you will find on examination to come to about fourteen talents.
[12] καὶ τὸ μὲν πλῆθος τῆς οὐσίας τοῦτ᾽ ἦν τὸ καταλειφθέν, ὦ ἄνδρες δικασταί. ὅσα δ᾽ αὐτῆς διακέκλεπται καὶ ὅσ᾽ ἰδίᾳ ἕκαστος εἴληφεν καὶ ὁπόσα κοινῇ πάντες ἀποστεροῦσιν, οὐκ ἐνδέχεται πρὸς ταὐτὸ ὕδωρ εἰπεῖν, ἀλλ᾽ ἀνάγκη χωρὶς ἕκαστον διελεῖν ἐστίν. ἃ μὲν οὖν Δημοφῶν ἢ Θηριππίδης ἔχουσι τῶν ἐμῶν, τότ᾽ ἐξαρκέσει περὶ αὐτῶν εἰπεῖν, ὅταν κατ᾽ αὐτῶν τὰς γραφὰς ἀπενέγκωμεν: ἃ δὲ τοῦτον ἔχοντ᾽ ἐξελέγχουσιν ἐκεῖνοι καὶ ἐγὼ οἶδ᾽ αὐτὸν εἰληφότα, περὶ τούτων ἤδη ποιήσομαι τοὺς λόγους πρὸς ὑμᾶς. πρῶτον μὲν οὖν ὡς ἔχει τὴν προῖκα, τὰς ὀγδοήκοντα μνᾶς, τοῦθ᾽ ὑμῖν ἐπιδείξω, μετὰ δὲ ταῦτα καὶ περὶ τῶν ἄλλων, ὡς ἂν δύνωμαι διὰ βραχυτάτων.
[12] This, then, men of the jury, was the amount of property left by my father. How much of it has been squandered, how much they have severally taken, and of how much they have jointly robbed me, it is impossible to tell in the time allotted to one plea. I must discuss each one of these questions separately. I pass over the question as to what property of mine Demophon or Therippides are holding. It will be time enough to discuss this when I bring in my accusations against them. I shall speak to you now of the defendant and shall state what his colleagues prove that he has in his hands, and what I know he has taken. In the first place I shall show that he has the marriage-portion, the eighty minae, and after that shall take up the other matters and discuss them with the utmost brevity.
[13] οὗτος γὰρ εὐθὺς μετὰ τὸν τοῦ πατρὸς θάνατον ᾤκει τὴν οἰκίαν εἰσελθὼν κατὰ τὴν ἐκείνου διαθήκην, καὶ λαμβάνει τά τε χρυσία τῆς μητρὸς καὶ τὰ ἐκπώματα τὰ καταλειφθέντα. καὶ ταῦτα μὲν ὡς εἰς πεντήκοντα μνᾶς εἶχεν, ἔτι δὲ τῶν ἀνδραπόδων τῶν πιπρασκομένων παρά τε Θηριππίδου καὶ Δημοφῶντος τὰς τιμὰς ἐλάμβανεν, ἕως ἀνεπληρώσατο τὴν προῖκα, τὰς ὀγδοήκοντα μνᾶς.
[13] Immediately after my father’s death the defendant came and dwelt in the house according to the terms of the will, and took possession of my mother’s jewels and the plate. In these he received the equivalent of about fifty minae. Furthermore, he received from Therippides and Demophon the proceeds of the sale of the slaves until he had made up the full amount of the marriage-portion, eighty minae;
[14] καὶ ἐπειδὴ εἶχεν, ἐκπλεῖν μέλλων εἰς Κέρκυραν τριήραρχος, ἀπέγραψε ταῦτα πρὸς Θηριππίδην ἔχονθ᾽ ἑαυτὸν καὶ ὡμολόγει κεκομίσθαι τὴν προῖκα. καὶ πρῶτον μὲν τούτων Δημοφῶν καὶ Θηριππίδης, οἱ τούτου συνεπίτροποι, μάρτυρές εἰσιν: ἔτι δὲ καὶ ὡς αὐτὸς ὡμολόγει ταῦτ᾽ ἔχειν, Δημοχάρης θ᾽ ὁ Λευκονοεύς, ὁ τὴν τηθίδα τὴν ἐμὴν ἔχων, καὶ ἄλλοι πολλοὶ μάρτυρες γεγόνασιν.
[14] and after getting this, when he was about to set sail for Corcyra as trierarch, he sent Therippides a written acknowledgement that he had these sums in his possession, and admitted that he had received the marriage-portion. Of these matters Demophon and Therippides, his co-trustees, are witnesses, and, besides this, his own acknowledgement of having received these moneys is attested by Demochares, of Leuconion, who is the husband of my aunt, and by many other witnesses.
[15] οὐ γὰρ διδόντος τούτου σῖτον τῇ μητρί, τὴν προῖκ᾽ ἔχοντος, οὐδὲ τὸν οἶκον μισθοῦν ἐθέλοντος, ἀλλὰ μετὰ τῶν ἄλλων ἐπιτρόπων διαχειρίζειν ἀξιοῦντος, ἐποιήσατο λόγους περὶ τούτων ὁ Δημοχάρης. οὗτος δ᾽ ἀκούσας οὔτ᾽ ἠμφεσβήτησεν μὴ ἔχειν οὔτε χαλεπῶς ἤνεγκεν ὡς οὐκ εἰληφώς, ἀλλ᾽ ὡμολόγει καὶ ἔτι μικρὸν ἔφη πρὸς τὴν ἐμὴν μητέρα περὶ χρυσιδίων ἀντιλέγεσθαι: τοῦτ᾽ οὖν διευκρινησάμενος, καὶ περὶ τῆς τροφῆς καὶ περὶ τῶν ἄλλων ποιήσειν οὕτως ὥστ᾽ ἔχειν μοι πάντα καλῶς.
[15] For when it proved that Aphobus, though he had her fortune, would not maintain my mother, and refused to let the property, choosing rather to administer it himself in conjunction with the other guardians, Demochares remonstrated with him about the matter; and Aphobus, when he had heard him, neither denied that he had the money nor waxed indignant as one who had received nothing, but admitted the fact, and said that he was having a little dispute with my mother about her jewels, and that, when he had settled this matter, he woul
d act regarding the maintenance and all else in such a way that I should have no ground for complaint.
[16] καίτοι εἰ φανήσεται πρός τε τὸν Δημοχάρη ταῦθ᾽ ὡμολογηκὼς καὶ πρὸς τοὺς ἄλλους οἳ παρῆσαν, παρά τε τοῦ Δημοφῶντος καὶ τοῦ Θηριππίδου τῶν ἀνδραπόδων εἰς τὴν προῖκα τὰς τιμὰς εἰληφώς, αὐτός θ᾽ ἑαυτὸν ἔχειν τὴν προῖκ᾽ ἀπογράψας πρὸς τοὺς συνεπιτρόπους, οἰκῶν τε τὴν οἰκίαν ἐπειδὴ τάχιστ᾽ ἐτελεύτησεν ὁ πατήρ, πῶς οὐκ ἐκ πάντων ὁμολογουμένου τοῦ πράγματος εὑρεθήσεται φανερῶς τὴν προῖκα, τὰς ὀγδοήκοντα μνᾶς, κεκομισμένος, καὶ λίαν ἀναιδῶς μὴ λαβεῖν ἐξαρνούμενος;
[16] Yet, if it be shown that he made these admissions before Demochares and the others who were present; that he received from Demophon and Therippides the money accruing from the sale of the slaves in part settlement of the marriage portion; that he gave to his co-trustees a written acknowledgement that he had received the portion; and that he occupied the house immediately after the death of my father; will it not be clear — the matter being admitted by everybody — that he has received the portion, the eighty minae, and that his denial of having received it is a piece of shameless impudence?
[17] ἀλλὰ μὴν ὡς ἀληθῆ λέγω, λαβὲ τὰς μαρτυρίας καὶ ἀνάγνωθι.”Μαρτυρίαι”
τὴν μὲν τοίνυν προῖκα τοῦτον τὸν τρόπον ἔχει λαβών. μὴ γήμαντος δ᾽ αὐτοῦ τὴν μητέρα τὴν ἐμήν, ὁ μὲν νόμος κελεύει τὴν προῖκ᾽ ὀφείλειν ἐπ᾽ ἐννέ᾽ ὀβολοῖς, ἐγὼ δ᾽ ἐπὶ δραχμῇ μόνον τίθημι. γίγνεται δ᾽, ἐάν τις συντιθῇ τό τ᾽ ἀρχαῖον καὶ τὸ ἔργον τῶν δέκ᾽ ἐτῶν, μάλιστα τρία τάλαντα.
[17] To prove that what I say is true, take and read the depositions.” Depositions”
The dowry, then, he got in this way, and kept. But in the event of his not marrying my mother the law declares that he owes me the amount of the dowry with interest at nine obols a month. However, I set it down at a drachma a month only. This comes, if one adds the principle and the interest for ten years, to about three talents.
[18] καὶ ταῦτα μὲν οὕτως ὑμῖν ἐπιδείκνυμι λαβόντα καὶ ἔχειν ὁμολογήσαντα μαρτύρων ἐναντίον τοσούτων: ἄλλας τοίνυν ἔχει τριάκοντα μνᾶς, τοῦ ἐργαστηρίου λαβὼν τὴν πρόσοδον, καὶ ἀναισχυντότατ᾽ ἀνθρώπων ἀποστερεῖν ἐπικεχείρηκεν. ἐμοὶ δ᾽ ὁ πατὴρ κατέλιπεν τριάκοντα μνᾶς ἀπ᾽ αὐτῶν τὴν πρόσοδον: ἀποδομένων δὲ τούτων τὰ ἡμίσεα τῶν ἀνδραπόδων, πεντεκαίδεκά μοι μνᾶς γίγνεσθαι κατὰ λόγον προσῆκε.
[18] This money I have thus shown you that he received and that he confessed in the presence of a host of witnesses that he had it. Then he has also in his possession thirty minae besides, which he received as the revenue from the factory, and of which he has tried to defraud me in the most shameless manner possible. My father left me a revenue of thirty minae accruing from the factory; and after the sale by these men of one-half of the slaves, I should receive the proportionate sum of fifteen minae.
[19] Θηριππίδης μὲν οὖν ἕπτ᾽ ἔτη τῶν ἀνδραπόδων ἐπιμεληθεὶς ἕνδεκα μνᾶς τοῦ ἐνιαυτοῦ ἀπέφηνε, τέτταρσι μναῖς καθ᾽ ἕκαστον ἐνιαυτὸν ἔλαττον ἢ ὅσον προσῆκε λογιζόμενος. οὗτος δὲ δύ᾽ ἔτη τὰ πρῶτ᾽ ἐπιμεληθεὶς οὐδ᾽ ὁτιοῦν ἀποδείκνυσιν, ἀλλ᾽ ἐνίοτε μέν φησιν ἀργῆσαι τὸ ἐργαστήριον, ἐνίοτε δ᾽ ὡς αὐτὸς μὲν οὐκ ἐπεμελήθη τούτων, ὁ δ᾽ ἐπίτροπος Μιλύας, ὁ ἀπελεύθερος ὁ ἡμέτερος, διῴκησεν αὐτά, καὶ παρ᾽ ἐκείνου μοι προσήκει λόγον λαβεῖν. ἂν οὖν καὶ νῦν εἴπῃ τινὰ τούτων τῶν λόγων, ῥᾳδίως ἐξελεγχθήσεται ψευδόμενος.
[19] Therippides, however, who had charge of the slaves for seven years, has submitted an account of eleven minae a year, four minae a year less than it should have been; and the defendant who had charge of the business at the first for two years shows no profit whatever, but says sometimes that the factory was idle, and sometimes that he was not himself the manager, but that the foreman, Milyas, a freedman of ours, had charge of it, and that I should look for an accounting from him. If he persists even now in making any of these statements he will easily be convicted of falsehood.
[20] ἂν μὲν οὖν ἀργὸν φῇ γενέσθαι, λόγον αὐτὸς ἀπενήνοχεν ἀναλωμάτων οὐκ εἰς σιτία τοῖς ἀνθρώποις, ἀλλ᾽ εἰς ἔργα, τὸν εἰς τὴν τέχνην ἐλέφαντα καὶ μαχαιρῶν λαβὰς καὶ ἄλλας ἐπισκευάς, ὡς ἐργαζομένων τῶν δημιουργῶν. ἔτι δὲ Θηριππίδῃ τριῶν ἀνδραπόδων, ἃ ἦν αὐτῷ ἐν τῷ ἐμῷ ἐργαστηρίῳ, μισθὸν ἀποδεδωκέναι λογίζεται. καίτοι μὴ γενομένης ἐργασίας οὔτ᾽ ἐκείνῳ λαβεῖν μισθὸν οὔτ᾽ ἐμοὶ τὰ ἀναλώματα ταῦτα λογισθῆναι προσῆκεν.
[20] If he declares that the factory was idle, yet he has himself rendered an account of money expended, not on provisions for the men, but for their work — ivory for the trade, swordhandles, and other supplies — indicating that the workmen were busy. Furthermore, he charges me with money which he has paid to Therippides for the hire of three slaves of his who were in my factory. Yet if no work was being done, Therippides should have received no pay, nor should these expenditures have been charged to me.
[21] εἰ δ᾽ αὖ γενέσθαι μὲν φήσει, τῶν δ᾽ ἔργων ἀπρασίαν εἶναι, δεῖ δήπου τά γ᾽ ἔργ᾽ αὐτὸν ἀποδεδωκότα μοι φαίνεσθαι, καὶ ὧν ἐναντίον ἀπέδωκε παρασχέσθαι μάρτυρας. εἰ δὲ μηδὲν τούτων πεποίηκεν, πῶς οὐκ ἔχει τὴν πρόσοδον δυοῖν ἐτοῖν τὴν ἐκ τοῦ ἐργαστηρίου, τὰς τριάκοντα μνᾶς, φανερῶς οὕτως τῶν ἔργων γεγενημένων;
[21] Again, if he alleges that the work was done, but that there was no market for goods manufactured, he ought at any rate to show that he has delivered to me these goods, and to produce witnesses in whose presence he delivered them. Seeing that he has done neither of these things, how can you doubt that he is keeping thirty minae, the two years’ income from the factory, since the business has so manifestly been carried on?
[22] εἰ δ᾽ αὖ τούτων μὲν μηδὲν ἐρεῖ, Μιλύαν δ᾽ αὐτὰ φήσει πάντα διῳκηκέναι, πῶς χρὴ πιστεύειν, ὅταν φῇ τὰ μὲν ἀναλώματ᾽ αὐτὸς ἀνηλωκέναι, πλέον ἢ πεντακοσίας δραχμάς, λῆμμα δ᾽ εἴ τι γέγονεν, ἐκεῖνον ἔχειν; ἐμοὶ μὲν γὰρ δοκεῖ τοὐναντίον ἂν γενέσθαι τούτων, εἰ καὶ Μιλύας αὐτῶν ἐπεμελεῖτο, τὰ μὲν ἀναλώματ᾽ ἐκεῖνος ἀναλῶσαι, τὰ δὲ λήμμαθ᾽ οὗτος λαβεῖν, εἴ τι δεῖ τεκμαίρεσθαι πρὸς τὸν ἄλλον αὐτοῦ τρ
όπον καὶ τὴν ἀναίδειαν. λάβ᾽ οὖν τὰς μαρτυρίας ταύτας, καὶ ἀνάγνωθ᾽ αὐτοῖς.”Μαρτυρίαι”
[22] If, however, he shall make none of these statements, but shall assert that Milyas had charge of everything, how can you believe him, when he alleges that he himself made the disbursements amounting to more than five hundred drachmae, but that any profits which accrued are in the hands of Milyas? For my part, I think it likely that the very opposite is the case, supposing that Milyas actually did have charge of the work, — that he made the disbursements, and that Aphobus received the profits, if we may draw any conclusion from the general character and the shamelessness of the man.
Take now and read these depositions to the jury.” Depositions”
[23] ταύτας τοίνυν ἔχει τριάκοντα μνᾶς ἀπὸ τοῦ ἐργαστηρίου, καὶ τὸ ἔργον αὐτῶν ὀκτὼ ἐτῶν: ὃ ἂν ἐπὶ δραχμῇ τις τιθῇ μόνον, ἄλλας τριάκοντα μνᾶς εὑρήσει. καὶ ταῦτα μὲν ἰδίᾳ μόνος εἴληφεν: ἃ συντεθέντα πρὸς τὴν προῖκα μάλιστα τέτταρα τάλαντα γίγνεται σὺν τοῖς ἀρχαίοις. ἃ δὲ μετὰ τῶν ἄλλων ἐπιτρόπων κοινῇ διήρπακεν, καὶ ὅσ᾽ ἔνια μηδὲ καταλειφθῆναι παντάπασιν ἠμφεσβήτηκεν, ταῦθ᾽ ὑμῖν ἤδη ἐπιδείξω καθ᾽ ἕκαστον.