by Demosthenes
λαβὲ δὴ τὰς μαρτυρίας καὶ ἀνάγνωθ᾽ αὐτοῖς πάσας ἐφεξῆς, ἵνα μνησθέντες καὶ τῶν μεμαρτυρημένων καὶ τῶν εἰρημένων ἀκριβέστερον διαγιγνώσκωσι περὶ αὐτῶν.”Μαρτυρίαι”
[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] ταῦθ᾽ οὗτοι πρὸς πεντεκαιδεκαταλάντους οἴκους συνετιμήσανθ᾽ ὑπὲρ ἐμοῦ: μνῶν δ᾽ οὐδ᾽ ἑβδομήκοντ᾽ ἀξίαν μοι παραδεδώκασι τὴν οὐσίαν τρεῖς ὄντες. λέγε τὰς ἐφεξῆς.”Μαρτυρίαι”
ταύτην τὴν προῖκα οἵ τ᾽ ἐπίτροποι καταμαρτυροῦσιν αὐτὸν λαβεῖν, ἄλλοι τε πρὸς οὓς ἔχειν ὡμολόγησεν. ταύτην οὔτ᾽ αὐτὴν οὔτε τὸν σῖτον ἀποδέδωκεν. λαβὲ τὰς ἄλλας καὶ ἀναγίγνωσκε.”Μαρτυρίαι”
[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] δύ᾽ ἔτη τὸ ἐργαστήριον διοικήσας Θηριππίδῃ μὲν ἀποδέδωκε τὴν μίσθωσιν: ἐμοὶ δέ, δυοῖν ἐτοῖν λαβὼν τὴν πρόσοδον, τριάκοντα μνᾶς, οὔτ᾽ αὐτὰς οὔτε τὸ ἔργον ἀποδέδωκεν. λάβ᾽ ἑτέραν καὶ ἀνάγνωθι.”Μαρτυρία”
ταῦτα τἀνδράποδ᾽ ὡς αὑτὸν λαβὼν οὗτος, καὶ τἄλλα τὰ μετὰ τούτων ὑποτεθένθ᾽ ἡμῖν, ἀνάλωμα μὲν εἰς αὐτὰ τοσοῦτο λελόγισται, λῆμμα δ᾽ ἀπ᾽ αὐτῶν οὐδ᾽ ὁτιοῦν, καὶ αὐτοὺς δὲ τοὺς ἀνθρώπους ἠφάνικεν, οἳ δώδεκα μνᾶς ἀτελεῖς ἑκάστου τοῦ ἐνιαυτοῦ προσέφερον. λέγ᾽ ἑτέραν.”Μαρτυρία”
[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] τοῦτον τὸν ἐλέφαντα καὶ τὸν σίδηρον πεπρακὼς οὐδὲ καταλειφθῆναί φησιν, ἀλλὰ καὶ τούτων τὴν τιμὴν ἀποστερεῖ με, μάλιστα τάλαντον. λέγε ταυτασί.”Μαρτυρίαι”
ταῦθ᾽ οὗτος τρία τάλαντα καὶ χιλίας ἔχει χωρὶς τῶν ἄλλων. τοῦ μὲν οὖν ἀρχαίου πέντε τάλανθ᾽ ἃ εἴληφεν: σὺν δὲ τοῖς ἔργοις, ἂν ἐπὶ δραχμῇ τις τιθῇ μόνον, πλέον ἢ δέκα τάλαντ᾽ ἔχει. λέγε τὰς ἐφεξῆς.”Μαρτυρίαι”
[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] ταῦθ᾽ οὗτοι γραφῆναι μὲν ἐν ταῖς διαθήκαις καὶ λαβεῖν σφᾶς αὐτοὺς κατ᾽ ἀλλήλων μαρτυροῦσιν. οὗτος δὲ καὶ μεταπεμφθῆναι φάσκων ὑπὸ τοῦ πατρός, καὶ ἐλθὼν εἰς τὴν οἰκίαν, εἰσελθεῖν μὲν οὔ φησιν ὡς τὸν μεταπεμψάμενον, οὐδ᾽ ὁμολογῆσαι περὶ τούτων οὐδέν, Δημοφῶντος δ᾽ ἀκοῦσαι γραμματεῖον ἀναγιγνώσκοντος καὶ Θηριππίδου λέγοντος ὡς ἐκεῖνος ταῦτα διέθετο, καὶ προεισεληλυθὼς καὶ ἅπαντα διωμολογημένος πρὸς τὸν πατέρα, ὅσαπερ ἐκεῖνος γράψας κατέλιπεν.
[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] ὁ γὰρ πατήρ, ὦ ἄνδρες δικασταί, ὡς ᾔσθετο τὴν νόσον οὐκ ἀποφευξόμενος, συγκαλέσας τούτους τρεῖς ὄντας, καὶ συμπαρακαθισάμενος Δήμωνα τὸν ἀδελφόν, τὰ σώμαθ᾽ ἡμῶν εἰς τὰς χεῖρας ἐνέθηκεν παρακαταθήκην ἐπονομάζων, τὴν μὲν ἀδελφὴν Δημοφῶντι καὶ δύο τάλαντα προῖκα διδοὺς εὐθύς, καὶ γυναῖκ᾽ αὐτῷ ταύτην ἐγγυῶν, ἐμὲ δὲ πᾶσιν κοινῇ μετὰ τῶν χρημάτων παρακατατιθέμενος, καὶ ἐπισκήπτων μισθῶσαί τε τὸν οἶκον καὶ συνδιασῷσαί μοι τὴν οὐσίαν,
[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] διδοὺς ἅμα τε Θηριππίδῃ τὰς ἑβδομήκοντα μνᾶς, καὶ τούτῳ τήν τ᾽ ἐμὴν μητέρ᾽ ἐγγυῶν ἐπὶ ταῖς ὀγδοήκοντα μναῖς, κἄμ᾽ εἰς τὰ τούτου γόνατα τιθείς: ὧν οὗτος ὁ πάντων ἀνθρώπων ἀνοσιώτατος οὐδένα λόγον ἐποιήσατο, κύριος τῶν ἐμῶν γενόμενος ἐπὶ τούτοις, ἀλλὰ τὰ χρήματά με πάντ᾽ ἀπεστερηκὼς μετὰ τῶν συνεπιτρόπων, ἐλεεῖσθαι νῦν ὑφ᾽ ὑμῶν ἀξιώσει, μνῶν οὐδ᾽ ἑβδομήκοντ᾽ ἄξια τρίτος αὐτὸς ἀποδεδωκώς, εἶτα καὶ τού
τοις αὐτοῖς πάλιν ἐπιβεβουλευκώς.
[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] ὡς γὰρ τὰς δίκας ταύτας ἔμελλον εἰσιέναι κατ᾽ αὐτῶν, ἀντίδοσιν ἐπ᾽ ἐμὲ παρεσκεύασαν, ἵν᾽ εἰ μὲν ἀντιδοίην, μὴ ἐξείη μοι πρὸς αὐτοὺς ἀντιδικεῖν, ὡς καὶ τῶν δικῶν τούτων τοῦ ἀντιδόντος γιγνομένων, εἰ δὲ μηδὲν τούτων ποιοίην, ἵν᾽ ἐκ βραχείας οὐσίας λῃτουργῶν παντάπασιν ἀναιρεθείην. καὶ τοῦτ᾽ αὐτοῖς ὑπηρέτησε Θρασύλοχος ὁ Ἀναγυράσιος: ᾧ τούτων οὐδὲν ἐνθυμηθεὶς ἀντέδωκα μέν, ἀπέκλεισα δ᾽ ὡς διαδικασίας τευξόμενος: οὐ τυχὼν δὲ ταύτης, τῶν χρόνων ὑπογύων ὄντων, ἵνα μὴ στερηθῶ τῶν δικῶν, ἀπέτεισα τὴν λῃτουργίαν ὑποθεὶς τὴν οἰκίαν καὶ τἀμαυτοῦ πάντα, βουλόμενος εἰς ὑμᾶς εἰσελθεῖν τὰς πρὸς τουτουσὶ δίκας.
[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] ἆρ᾽ οὐ μεγάλα μὲν ἐξ ἀρχῆς ἠδίκημαι, μεγάλα δ᾽, ὅτι δίκην ζητῶ λαβεῖν, νῦν ὑπ᾽ αὐτῶν βλάπτομαι; τίς δ᾽ οὐκ ἂν ὑμῶν τούτῳ μὲν φθονήσειε δικαίως, ἡμᾶς δ᾽ ἐλεήσειεν, ὁρῶν τῷ μὲν πρὸς τῇ οὐσίᾳ τῇ παραδοθείσῃ πλεῖν ἢ δέκα ταλάντων τὴν ἐμὴν τοσαύτην οὖσαν προσγεγενημένην, ἡμᾶς δὲ μὴ μόνον τῶν πατρῴων διημαρτηκότας, ἀλλὰ καὶ τῶν νῦν παραδοθέντων διὰ τὴν τούτων πονηρίαν ἀπεστερημένους; ποῖ δ᾽ ἂν τραποίμεθα, εἴ τι ἄλλο ψηφίσαισθ᾽ ὑμεῖς περὶ αὐτῶν; εἰς τὰ ὑποκείμενα τοῖς δανείσασιν; ἀλλὰ τῶν ὑποθεμένων ἐστίν. ἀλλ᾽ εἰς τὰ περιόντ᾽ αὐτῶν; ἀλλὰ τούτου γίγνεται, τὴν ἐπωβελίαν ἐὰν ὄφλωμεν.
[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] μηδαμῶς, ὦ ἄνδρες δικασταί, γένησθ᾽ ἡμῖν τοσούτων αἴτιοι κακῶν: μηδὲ τὴν μητέρα κἀμὲ καὶ τὴν ἀδελφὴν ἀνάξια παθόντας περιίδητε, οὓς ὁ πατὴρ οὐκ ἐπὶ ταύταις ταῖς ἐλπίσιν κατέλιπεν, ἀλλὰ τὴν μὲν ὡς Δημοφῶντι συνοικήσουσαν ἐπὶ δυοῖν ταλάντοιν προικί, τὴν δ᾽ ἐπ᾽ ὀγδοήκοντα μναῖς τούτῳ τῷ σχετλιωτάτῳ πάντων ἀνθρώπων, ἐμὲ δ᾽ ὑμῖν διάδοχον ἀνθ᾽ αὑτοῦ τῶν λῃτουργιῶν ἐσόμενον.
[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] βοηθήσατ᾽ οὖν ἡμῖν, βοηθήσατε, καὶ τοῦ δικαίου καὶ ὑμῶν αὐτῶν ἕνεκα καὶ ἡμῶν καὶ τοῦ πατρὸς τοῦ τετελευτηκότος. σῴσατε, ἐλεήσατε, ἐπειδή μ᾽ οὗτοι συγγενεῖς ὄντες οὐκ ἠλέησαν. εἰς ὑμᾶς καταπεφεύγαμεν. ἱκετεύω, ἀντιβολῶ πρὸς παίδων, πρὸς γυναικῶν, πρὸς τῶν ὄντων ἀγαθῶν ὑμῖν. οὕτως ὄναισθε τούτων, μὴ περιίδητέ με, μηδὲ ποιήσητε τὴν μητέρα καὶ τῶν ἐπιλοίπων ἐλπίδων εἰς τὸν βίον στερηθεῖσαν ἀνάξιον αὑτῆς τι παθεῖν:
[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] ἣ νῦν μὲν οἴεται τυχόντα με τῶν δικαίων παρ᾽ ὑμῖν ὑποδέξεσθαι καὶ τὴν ἀδελφὴν ἐκδώσειν: εἰ δ᾽ ὑμεῖς ἄλλο τι γνώσεσθε, ὃ μὴ γένοιτο, τίν᾽ οἴεσθ᾽ αὐτὴν ψυχὴν ἕξειν, ὅταν ἐμὲ μὲν ἴδῃ μὴ μόνον τῶν πατρῴων ἀπεστερημένον, ἀλλὰ καὶ πρὸς ἠτιμωμένον, περὶ δὲ τῆς ἀδελφῆς μηδ᾽ ἐλπίδ᾽ ἔχουσαν ὡς τεύξεταί τινος τῶν προσηκόντων διὰ τὴν ἐσομένην ἀπορίαν;
[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] οὐκ ἄξιος, ὦ ἄνδρες δικασταί, οὔτ᾽ ἐγὼ δίκης ἐν ὑμῖν μὴ τυχεῖν, οὔθ᾽ οὗτος τοσαῦτα χρήματ᾽ ἀδίκως κατασχεῖν. ἐμοῦ μὲν γὰρ εἰ καὶ μήπω πεῖραν εἰλήφατε, ποῖός τις ἂν εἰς ὑμᾶς εἴην, ἐλπίζειν προσήκει μὴ χείρω τοῦ πατρὸς ἔσεσθαι. τούτου δὲ πεῖραν ἔ�
�ετε, καὶ σαφῶς ἴσθ᾽ ὅτι πολλὴν οὐσίαν παραλαβὼν οὐ μόνον οὐδὲν πεφιλοτίμηται πρὸς ὑμᾶς, ἀλλὰ καὶ τἀλλότρι᾽ ἀποστερῶν ἀποδέδεικται.
[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] ταῦτ᾽ οὖν σκοποῦντες καὶ τἄλλα μνησθέντες, ᾗ δίκαιόν ἐστι, ταύτῃ ψηφίσασθε. πίστεις δ᾽ ἔχεθ᾽ ἱκανὰς ἐκ μαρτύρων, ἐκ τεκμηρίων, ἐκ τῶν εἰκότων, ἐξ ὧν οὗτοι λαβεῖν ὁμολογοῦντες ἁθρόα τἀμά, ταῦτ᾽ ἀνηλωκέναι φασὶν οὐκ ἀνηλωκότες, ἀλλ᾽ αὐτοὶ πάντ᾽ ἔχοντες.