by Demosthenes
[37] The defendant and Therippides paid me thirty-one minae, and they compute that they have paid eighteen minae in taxes. I will go beyond them and will make this sum thirty minae, that they may have not a word to say in protest. Well, then, if you take away one talent from the eight, seven are left, which, according to their own admissions of receipts, they must necessarily have in their possession. This sum, then, even if they rob me of everything else and deny that they have it, they ought at least to have paid me, seeing that they admit having received it from my estate.
[38] νῦν δὲ τί ποιοῦσιν; ἔργον μὲν οὐδὲν ἀποφαίνουσι τοῖς χρήμασιν, αὐτὰ δὲ τὰ ἀρχαῖα πάντ᾽ ἀνηλωκέναι φασὶ σὺν ταῖς ἑπτὰ καὶ ἑβδομήκοντα μναῖς: Δημοφῶν δὲ καὶ πρὸς ὀφείλοντας ἡμᾶς ἐνέγραψε. ταῦτ᾽ οὐ μεγάλη καὶ περιφανὴς ἀναισχυντία; ταῦτ᾽ οὐχ ὑπερβολὴ δεινῆς αἰσχροκερδίας; τί οὖν ποτ᾽ ἐστὶ τὸ δεινόν, εἰ μὴ ταῦτα δόξει τηλικαύτας ὑπερβολὰς ἔχοντα;
[38] But what is it that they do? They report no return in interest for this money, and tell me that they have expended the entire principal together with the seventy-seven minae; and Demophon has, moreover, actually set me down as indebted to him. Is not this absolute and barefaced effrontery? Is it not the very excess of outrageous rapacity? What is the meaning of outrageous, if matters pushed to this extreme are not to be so called?
[39] οὗτος τοίνυν τὸ καθ᾽ αὑτὸν ὀκτὼ καὶ ἑκατὸν μνᾶς λαβεῖν ὁμολογῶν, ἔχει καὶ αὐτὰς καὶ τὸ ἔργον δέκ᾽ ἐτῶν, μάλιστα τρία τάλαντα καὶ χιλίας. καὶ ταῦθ᾽ ὡς ἀληθῆ λέγω, καὶ ἐν τοῖς λόγοις τῆς ἐπιτροπῆς τὸ λῆμμ᾽ ἕκαστος τοῦθ᾽ ὁμολογῶν λαβεῖν ἅπαν ἀνηλωκέναι λογίζεται, λαβὲ τὰς μαρτυρίας καὶ ἀνάγνωθι.”Μαρτυρίαι”
[39] The defendant, then, for his own part, since he admits having received one hundred and eight minae, has in his possession these and the interest on them for ten years, in all about three talents and one thousand drachmae.
In proof that what I say is true — that each one of them in the account of his guardianship admits that he has received the money, but claims to have spent it all — take the depositions and read them.” Depositions”
[40] νομίζω τοίνυν, ὦ ἄνδρες δικασταί, περὶ τούτων ἱκανῶς μὲν ὑμᾶς μεμαθηκέναι, καὶ ὅσα κλέπτουσιν καὶ κακουργοῦσιν ἕκαστος αὐτῶν: ἔτι δ᾽ ἀκριβέστερον ἔγνωτ᾽ ἄν, εἴ μοι τὰς διαθήκας, ἃς ὁ πατὴρ κατέλιπεν, οὗτοι ἀποδοῦναι ἠθέλησαν. ἐν γὰρ ἐκείναις ἐγέγραπτο, ὥς φησιν ἡ μήτηρ, ἃ κατέλιπεν ὁ πατὴρ πάντα, καὶ ἐξ ὧν ἔδει τούτους λαβεῖν τὰ δοθέντα, καὶ τὸν οἶκον ὅπως μισθώσουσι.
[40] I think, men of the jury, that you have now been fully informed regarding the theft and wrongdoings of each of these men. You would, however, have had more exact knowledge of the matter, if they had been willing to give up to me the will which my father left; for it contained （so my mother tells me） a statement of all the property that my father left, along with instructions regarding the funds from which these men were to take what had been given them, and regarding the letting of the property.
[41] νῦν δ᾽ ἀπαιτοῦντος ἐμοῦ καταλειφθῆναι μὲν ὁμολογοῦσιν, αὐτὰς δ᾽ οὐκ ἀποφαίνουσι. ταῦτα δὲ ποιοῦσι τό τε πλῆθος οὐ βουλόμενοι καταφανὲς ποιῆσαι τῆς οὐσίας τὸ καταλειφθέν, ὃ διηρπάκασιν οὗτοι, τάς τε δωρεὰς ἵνα μὴ δοκῶσιν ἔχειν, ὥσπερ οὐκ ἐξ αὐτοῦ τοῦ πράγματος ἐξελεγχθησόμενοι ῥᾳδίως. λαβὲ δ᾽ αὐτοῖς τὰς μαρτυρίας ὧν ἐναντίον ἀπεκρίναντο, καὶ ἀνάγνωθι.”Μαρτυρίαι”
[41] But as it is, on my demanding it, they admit that there was a will, but they do not produce it; and they take this course because they do not want to make known the amount of the property which was left, and which they have embezzled, and to the end that they may not appear to have received their legacies — as though they would not easily be convicted by the facts themselves.
Take now, and read them the evidence of those in whose presence they made their answers.” Depositions”
[42] οὗτος διαθήκην μὲν γενέσθαι φησίν, καὶ τὰ δύο τάλαντα Δημοφῶντι καὶ τὰς ὀγδοήκοντα μνᾶς τούτῳ δοθῆναι μαρτυρεῖ: τὰς δ᾽ ἑβδομήκοντα μνᾶς, ἃς Θηριππίδης ἔλαβεν, οὐ προσγραφῆναί φησιν, οὐδὲ τὸ πλῆθος τῆς οὐσίας τὸ καταλειφθέν, οὐδὲ τὸν οἶκον ὅπως μισθώσουσιν: οὐ γὰρ αὐτῷ συμφέρει προσομολογῆσαι ταῦτα. λαβὲ δὴ τὴν τούτου ἀπόκρισιν.”Μαρτυρία”
[42] This man declares that a will was made and testifies that in it the two talents were given to Demophon, and the eighty minae to Aphobus; but he declares there was no additional clause regarding the seventy minae which Therippides received, or regarding the amount of the property bequeathed, or instructions as to the letting of it; for it was not to his interest to make these further admissions.
Now take the answer of the defendant.” Deposition”
[43] οὗτος αὖ τὴν μὲν διαθήκην γενέσθαι φησίν, καὶ τὸ ἀργύριον ἐκ τοῦ χαλκοῦ καὶ τῆς κηκῖδος ἀποδοθῆναι τῷ Θηριππίδῃ, ὃ ἐκεῖνος οὔ φησιν, καὶ τὰ δύο τάλαντα τῷ Δημοφῶντι: περὶ δὲ τῶν αὐτῷ δοθέντων γραφῆναι μέν φησιν, οὐχ ὁμολογῆσαι δ᾽ αὐτός, ἵνα μὴ δοκῇ λαβεῖν. τὸ δὲ πλῆθος τῆς οὐσίας οὐδ᾽ οὗτος ἀποφαίνει καθόλου, οὐδὲ τὸ μισθοῦν τὸν οἶκον: οὐδὲ γὰρ οὐδὲ τούτῳ συμφέρει προσομολογῆσαι ταῦτα.
[43] He also declares that the will was made, and that the money accruing from the copper and the gall was duly paid to Therippides, which Therippides denies; and that the two talents were paid to Demophon; but in regard to the money given to himself, while he admits that the clause was written in the will, he declares that he did not assent to it, in order that he may not appear to have received it. But as to the amount of the estate he, too, reveals absolutely nothing, nor as to letting the property. For it was not to his interest either to make these further admissions.
[44] δῆλον τοίνυν ἐστὸν οὐδὲν ἧττον τὸ πλῆθος τῶν καταλειφθέντων, καίπερ ἀφανιζόντων τούτων τὴν οὐσίαν ἐκ τῶν διαθηκῶν, ἐξ ὧν τοσαῦτα χρήματ᾽ ἀλλήλοις φασὶ δοθῆναι. ὅστις γὰρ ἐκ τεττάρων ταλάντων καὶ τρισχιλίων τοῖς μὲν τρία τάλαντα καὶ δισχιλίας προῖκα δέδωκεν, τῷ δ᾽ ἑβδομήκοντα μνᾶς καρποῦσθαι, φανερὸν δήπου πᾶσιν ὅτι οὐκ ἀπὸ μικρᾶς οὐσίας, ἀλλὰ πλέον ἢ διπλασίας ἧς ἐμοὶ κατέλειπεν ταῦτ᾽ ἀφεῖλεν.
[44] The amount of the property that was left is, however, none the less clear （though these men seek to conceal it） from the terms of the will, in accordance with
which they state that such large sums were given to them severally. When a man out of four talents and three thousand drachmae has given to two of these men three talents and two thousand drachmae as marriage-portions, and to the third the interest on seventy minae, it is clear, I fancy, that he took these sums, not from a small estate, but from one bequeathed to me of more than double this amount.
[45] οὐ γὰρ δήπου τὸν μὲν υἱὸν ἐμὲ πένητ᾽ ἐβούλετο καταλιπεῖν, τούτους δὲ πλουσίους ὄντας ἔτι πλουσιωτέρους ποιῆσαι ἐπεθύμησεν, ἀλλ᾽ ἕνεκα τοῦ πλήθους τῶν ἐμοὶ καταλειπομένων Θηριππίδῃ τε τοσοῦτον ἀργύριον καὶ Δημοφῶντι τὰ δύο τάλαντα, οὔπω μέλλοντι τῇ ἀδελφῇ τῇ ἐμῇ συνοικήσειν, καρποῦσθαι ἔδωκεν, ἵνα δυοῖν θάτερον διαπράξαιτο, ἢ διὰ τὰ διδόμενα βελτίους αὐτοὺς εἶναι τὰ περὶ τὴν ἐπιτροπὴν προτρέψειεν, ἢ εἰ κακοὶ γίγνοιντο, μηδεμιᾶς συγγνώμης παρ᾽ ὑμῶν τυγχάνοιεν, εἰ τοσούτων ἀξιωθέντες τοιαῦτ᾽ εἰς ἡμᾶς ἐξαμαρτάνοιεν.
[45] For, I take it, he would not wish to leave me, his son, in poverty, and be eager further to enrich these men, who were already wealthy. No; it was because of the size of the estate left to me that he gave to Therippides the interest on a sum so considerable, and to Demophon that on the two talents — though he was not yet to marry my sister — in order to accomplish one or the other of two ends: either he would by his gifts encourage them to act the more honorably in the guardianship, or, if they should prove dishonest, they would meet with no leniency at your hands, seeing that, after being so liberally treated, they sinned so grievously against us.
[46] οὗτος τοίνυν καὶ αὐτὸς πρὸς τῇ προικὶ καὶ θεραπαίνας λαβὼν καὶ τὴν οἰκίαν οἰκῶν, ἐπειδὴ δεῖ λόγον αὐτὸν δοῦναι τούτων, τὰ ἑαυτοῦ πράττειν φησίν: καὶ εἰς τοσοῦτον αἰσχροκερδίας ἦλθεν, ὥστε καὶ τοὺς διδασκάλους τοὺς μισθοὺς ἀπεστέρηκεν καὶ τῶν εἰσφορῶν ἔστιν ἃς οὐ κατέθηκεν, ἐμοὶ δὲ λογίζεται. λαβὲ δὴ καὶ ταύτας αὐτοῖς τὰς μαρτυρίας καὶ ἀνάγνωθι.”Μαρτυρίαι”
[46] Well now, the defendant, who in addition to my mother’s marriage-portion has taken the female servants, and has lived in the house, when it becomes necessary to render an account of these matters, says he is busy with his own affairs; and he has come to such a pitch of rapaciousness, that he has even cheated my instructors of their fees, and has left unpaid some of the taxes, although he charges me with the amounts.
Take these depositions too, and read them to the jury.” Depositions”
[47] πῶς οὖν ἄν τις σαφέστερον ἐπιδείξειεν πάντα διηρπακότα καὶ μηδὲ τῶν μικρῶν ἀπεσχημένον, ἢ τοῦτον τὸν τρόπον ἐπιδεικνὺς μετὰ τοσούτων μαρτύρων καὶ τεκμηρίων; τὴν μὲν προῖκα λαβεῖν ὁμολογήσαντα καὶ ἔχειν αὐτὸν πρὸς τοὺς ἐπιτρόπους ἀπογράψαντα, τὸ δ᾽ ἐργαστήριον κεκαρπωμένον αὐτὸν καὶ τὴν πρόσοδον οὐκ ἀποφαίνοντα,
[47] How could one show more clearly that he has made havoc of the whole estate, sparing nothing, however small, than by proving, as I have done by so many witnesses and proofs, that he admitted having received the marriage-portion, and that he acknowledged in writing to the guardians that he had it; that he enjoyed the profits of the factory, but makes report of none;
[48] τῶν δ᾽ ἄλλων τὰ μὲν πεπρακότα καὶ τὰς τιμὰς οὐκ ἀποδεδωκότα, τὰ δ᾽ ὡς ἑαυτὸν λαβόντα καὶ ταῦτ᾽ ἠφανικότα, ἔτι δὲ παρὰ τὸν λόγον ὃν αὐτὸς ἀπέδωκε τοσαῦτα κλέπτοντα, πρὸς δὲ τούτοις τὴν διαθήκην ἠφανικότα, τὰ ἀνδράποδα πεπρακότα, τἄλλ᾽ οὕτω πάντα διῳκηκότα, ὡς οὐδ᾽ ἂν οἱ ἔχθιστοι διοικήσειαν; ἐγὼ μὲν οὐκ οἶδ᾽ ὅπως ἄν τις σαφέστερον ἐπιδείξειεν.
[48] that of our other effects he has sold some without paying to us the proceeds, while others he has taken to himself and hidden; that according to the account which he has himself rendered, he has embezzled large sums; that in addition to all this he has made away with the will, sold the slaves, and in all other respects has administered the estate as not even the bitterest enemies would have done? I do not see how anyone could prove the matter more clearly.
[49] ἐτόλμα τοίνυν πρὸς τῷ διαιτητῇ λέγειν, ὡς ἀπὸ τῶν χρημάτων χρέα τε πάμπολλ᾽ ἐκτέτεικεν ὑπὲρ ἐμοῦ Δημοφῶντι καὶ Θηριππίδῃ τοῖς συνεπιτρόποις, καὶ ὡς πολλὰ τῶν ἐμῶν λάβοιεν, οὐδέτερ᾽ ἔχων ἐπιδεικνύναι τούτων. οὔτε γὰρ ὡς ὀφείλοντά με κατέλιπεν ὁ πατὴρ ἐν τοῖς γράμμασιν ἀπέφηνεν, οὐδ᾽ οἷς ἀποδεδωκέναι ταῦτ᾽ ἔφη παρέσχηται μάρτυρας, οὔτ᾽ αὖ τὸν ἀριθμὸν τῶν χρημάτων εἰς τοὺς συνεπιτρόπους ἐπανέφερεν ὅσον αὐτὸς φαίνεται λαβών, ἀλλὰ πολλοῖς ἐλάττω χρήμασιν.
[49] He had the audacity to say before the arbitrator that he had paid many debts for me out of the estate to Demophon and Therippides, his fellow-guardians, and that they received a large part of my property, yet neither of these facts was he able to prove. He did not show by the books that my father left me in debt, nor has he brought forward as witnesses the men whom he says he paid; nor, again, is the amount of money which he charged against his fellow-guardians equal to the amount which he is shown to have received himself. On the contrary, it is much less.
[50] ἐρωτηθεὶς δ᾽ ὑπὸ τοῦ διαιτητοῦ ταῦτά τε καθ᾽ ἕκαστον, καὶ τὴν οὐσίαν τὴν αὑτοῦ πότερον ἐκ τῶν ἐπικαρπιῶν ἢ τἀρχαῖ᾽ ἀναλίσκων διῴκηκεν, καὶ πότερον ἐπιτροπευθεὶς ἀπεδέξατ᾽ ἂν τοῦτον τὸν λόγον παρὰ τῶν ἐπιτρόπων ἢ τἀρχαῖ᾽ ἂν ἀπολαβεῖν ἠξίου σὺν τοῖς ἔργοις τοῖς γεγενημένοις, πρὸς μὲν ταῦτ᾽ ἀπεκρίνατ᾽ οὐδέν, προὐκαλεῖτο δ᾽ ἐθέλειν ἐπιδεῖξαί μοι τὴν οὐσίαν δέκα ταλάντων οὖσαν: εἰ δέ τι ἐλλείποι, αὐτὸς ἔφη προσθήσειν.
[50] When the arbitrator questioned him about each of these matters, and asked him whether he had managed his own estate from the interest or had spent the principal, and whether,if he had been under guardianship, he would have accepted an account of this sort from his guardians or would have demanded that the money be duly paid to him with the accrued interest, he made no answer to these questions, but tendered me a challenge to the effect that he was ready to show that my property was worth ten talents, and said that, if it fell short of this amount, he would himself make up the difference.
[51] κελεύοντος δ᾽ ἐμοῦ πρὸς τὸν διαιτητὴν ἐπιδεικνύναι ταῦτ᾽ οὐκ ἐπέδειξεν, οὐδ᾽ ὡς οἱ συνεπίτροποι παρέδοσαν （οὐ γὰρ ἂν αὐτοῦ κατεδιῄτησεν）, μαρτυρίαν δ᾽ ἐνεβάλετο τοιαύτην, περὶ ἧς πειράσεταί �
�ι λέγειν. ἂν μὲν οὖν καὶ νῦν ἔχειν με φῇ, τίνος παραδόντος ἐρωτᾶτ᾽ αὐτόν, καὶ καθ᾽ ἕκαστον παρασχέσθαι μάρτυρας ἀξιοῦτε.
[51] When I bade him prove this to the arbitrator, he did not do so, nor did he show that his fellow-guardians had paid me （for if he had, the arbitrator would not have given judgement against him）; but he put in a piece of evidence of a sort regarding which he will try to find something to say.
If even now he still tries to assert that I am in possession of property, ask him who handed it over to me, and demand that he produce witnesses to prove each statement.
[52] ἐὰν δ᾽ εἶναί μοι φῇ τοῦτον τὸν τρόπον, λογιζόμενος τὰ παρ᾽ ἑκατέρῳ τῶν ἐπιτρόπων, διπλασίοις ἐλάττω φανήσεται λέγων, ἔχοντα δ᾽ οὐδὲν μᾶλλον ἀποφαίνων. ἐγὼ γὰρ ὥσπερ καὶ τοῦτον τοσαῦτ᾽ ἔχοντ᾽ ἐξήλεγξα, οὕτως κἀκείνων ἑκάτερον οὐκ ἐλάττω τούτων ἔχοντ᾽ ἐπιδείξω. ὥστ᾽ οὐ τοῦτ᾽ αὐτῷ λεκτέον, ἀλλ᾽ ὡς ἢ αὐτὸς ἢ οἱ συνεπίτροποι παρέδοσαν. εἰ δὲ μὴ τοῦτ᾽ ἐπιδείξει, πῶς χρὴ ταύτῃ τῇ προκλήσει προσέχειν ὑμᾶς τὸν νοῦν; οὐδὲν γὰρ μᾶλλον ἔχοντά μ᾽ ἐπιδείκνυσι.