by Demosthenes
[8] ὀφλόντος δέ μοι τὴν δίκην Ἀφόβου τῆς ἐπιτροπῆς καὶ οὐδὲν δίκαιον ποιεῖν ἐθέλοντος, διαλύειν μὲν ἡμᾶς Ὀνήτωρ οὐδ᾽ ἐπεχείρησεν, οὐκ ἀποδεδωκὼς δὲ τὴν προῖκα, ἀλλ᾽ αὐτὸς κύριος ὤν, ὡς ἀπολελοιπυίας τῆς ἀδελφῆς καὶ δοὺς κομίσασθαι δ᾽ οὐ δυνάμενος, ἀποτιμήσασθαι φάσκων τὴν γῆν ἐξάγειν μ᾽ ἐξ αὐτῆς ἐτόλμησεν: τοσοῦτον καὶ ἐμοῦ καὶ ὑμῶν καὶ τῶν κειμένων νόμων κατεφρόνησεν.
[8] When I had won my suit against Aphobus in the matter of the guardianship and he still refused to make any just settlement, Onetor did not even try to settle our dispute, but, alleging that his sister had been divorced, and that he was unable to get back her marriage-portion, which he had paid （although he had not paid it, and it was even then in his possession）, declared that he had taken a mortgage on the land, and had the effrontery to expel me from it; such was his contempt for me, and for you, and for the laws which were in force.
[9] καὶ τὰ μὲν γενόμενα, καὶ δι᾽ ἃ φεύγει τὴν δίκην καὶ περὶ ὧν οἴσετε τὴν ψῆφον, ταῦτ᾽ ἐστίν, ὦ ἄνδρες δικασταί: παρέξομαι δὲ μάρτυρας πρῶτον μὲν αὐτὸν Τιμοκράτην, ὡς ὡμολόγησεν ὀφειλήσειν τὴν προῖκα καὶ τὸν τόκον ἀπεδίδου τῆς προικὸς Ἀφόβῳ κατὰ τὰς ὁμολογίας, ἔπειθ᾽ ὡς αὐτὸς Ἄφοβος ὡμολόγει κομίζεσθαι τὸν τόκον παρὰ Τιμοκράτους. καί μοι λαβὲ τὰς μαρτυρίας.”Μαρτυρίαι”
[9] These, men of the jury, are the facts because of which he is defendant in the present suit, and regarding which you are to cast your vote. I shall bring forward witnesses, and in the first instance Timocrates himself, who will testify that he agreed to hold the dowry as a loan, and that he continued to pay interest on it to Aphobus according to the agreement; also that Aphobus himself acknowledged that he received the interest from Timocrates.
Take the depositions.” Depositions”
[10] ἐξ ἀρχῆς μὲν τοίνυν ὁμολογεῖται μὴ δοθῆναι τὴν προῖκα μηδὲ γενέσθαι κύριον αὐτῆς Ἄφοβον. δῆλον δὲ καὶ ἐκ τῶν εἰκότων ὅτι τούτων ἕνεχ᾽ ὧν εἴρηκα ὀφείλειν εἵλοντο μᾶλλον ἢ καταμεῖξαι τὴν προῖκ᾽ εἰς τὴν οὐσίαν τὴν Ἀφόβου τὴν οὕτω κινδυνευθήσεσθαι μέλλουσαν. οὔτε γὰρ δι᾽ ἀπορίαν οἷόν τ᾽ εἰπεῖν ὡς οὐκ εὐθὺς ἀπέδοσαν （Τιμοκράτει τε γάρ ἐστιν οὐσία πλέον ἢ δέκα ταλάντων, Ὀνήτορί τε πλέον ἢ τριάκοντα, ὥστ᾽ οὐκ ἂν διὰ τοῦτό γ᾽ εἶεν οὐκ εὐθὺς δεδωκότες） οὔτε κτήματα μὲν ἦν αὐτοῖς,
[10] From the very first, you see, it is admitted that the dowry was not paid to Aphobus, and that he did not get it under his control. And it seems very probable that on account of the facts which I have mentioned, they chose to continue as debtors for the dowry, rather than to have it involved in the estate of Aphobus which was sure to be so seriously endangered. For it is impossible for them to claim that poverty prevented their paying it over at once, since Timocrates has an estate of more than ten talents, and Onetor one of more than thirty; so this cannot have been the reason why they have not made an immediate payment.
[11] ἀργύριον δ᾽ οὐκ ἔτυχεν παρόν, ἡ γυνὴ δ᾽ ἐχήρευεν, διὸ πρᾶξαι ταῦτ᾽ ἠπείχθησαν οὐχ ἅμα τὴν προῖκα διδόντες: ἀργύριόν τε γὰρ οὗτοι δανείζουσιν ἄλλοις οὐκ ὀλίγον, συνοικοῦσάν τε ταύτην, ἀλλ᾽ οὐ χηρεύουσαν παρὰ Τιμοκράτους ἐξέδοσαν, ὥστ᾽ οὐδ᾽ ἂν ταύτην τὴν σκῆψιν εἰκότως αὐτῶν τις ἀποδέξαιτο.
[11] Nor can they claim that they had property indeed, but no ready money, or that the lady was a widow, and that they therefore hastened to conclude matters without at once paying her portion. For these men are in the habit of lending considerable sums to others, and moreover, the lady was not a widow, but when they gave her in marriage, it was from the house of Timocrates, where she was living with him as his wife; so that there is no reasonable ground why one should accept this excuse either.
[12] καὶ μὲν δή, ὦ ἄνδρες δικασταί, κἀκεῖν᾽ ἂν πάντες ὁμολογήσαιτε, ὅτι τοιοῦτον πρᾶγμα συναλλάττων ὁστισοῦν ἕλοιτ᾽ ἂν ἑτέρῳ μᾶλλον ὀφείλειν ἢ κηδεστῇ τὴν προῖκα μὴ ἀποδοῦναι. μὴ διαλυσάμενος μὲν γὰρ γίγνεται χρήστης ἄδηλος εἴτ᾽ ἀποδώσει δικαίως εἴτε μή, μετὰ δὲ τῆς γυναικὸς τἀκείνης ἀποδοὺς οἰκεῖος καὶ κηδεστής:
[12] Further, men of the jury, I think you would all agree to this, that, in arranging a matter of this sort, anyone would choose to borrow money of another, rather than fail to pay the dowry to his sister’s husband. For if a man does not settle this matter he becomes a debtor, regarding whom it is uncertain whether he will meet his just obligations or not; but if together with the lady he gives also what is hers, he becomes a kinsman and a brother-in-law,
[13] ἐν οὐδεμιᾷ γάρ ἐστιν ὑποψίᾳ τὰ δίκαια πάντα ποιήσας. ὥσθ᾽ οὕτως τοῦ πράγματος ἔχοντος, καὶ τούτων οὐδὲ καθ᾽ ἓν ὧν εἶπον ὀφείλειν ἀναγκασθέντων, οὐδὲ βουληθέντων ἄν, οὐκ ἔστ᾽ εἰπεῖν ἄλλην πρόφασιν δι᾽ ἣν οὐκ ἀπέδοσαν, ἀλλ᾽ ἀνάγκη ταύτην εἶναι τὴν αἰτίαν, δι᾽ ἣν δοῦναι τὴν προῖκ᾽ οὐκ ἐπίστευσαν.
[13] for he is not under any suspicion, since he has done all that justice demanded. Seeing that the matter stands thus, and that they were not forced by a single one of the causes which I have mentioned to let this debt stand, and could not have desired to do so, it is not possible to suggest any other excuse for non-payment. It must be for the reason which I have mentioned — that they did not trust Aphobus enough to pay him the dowry.
[14] ἐγὼ τοίνυν ὁμολογουμένως οὕτω ταῦτ᾽ ἐξελέγχων, ὡς οὐδ᾽ ὕστερον ἀπέδοσαν, οἶμαι ῥᾳδίως ἐπιδείξειν ἐξ αὐτῶν τῶν πεπραγμένων, ὥσθ᾽ ὑμῖν γενέσθαι φανερόν, ὅτι κἂν εἰ μὴ ἐπὶ τούτοις, ἀλλ᾽ ἐπὶ τῷ διὰ ταχέων ἀποδοῦναι τἀργύριον εἶχον, οὐκ ἄν ποτ᾽ ἀπέδοσαν οὐδ᾽ ἂν προεῖντο: τοιαύτας ἀνάγκας εἶχεν αὐτοῖς τὸ πρᾶγμα.
[14] I have established this point, then, in this way beyond all controversy; and I think I shall easily demonstrate from the facts themselves that they did not pay the portion subsequently either; so that it will be clear to you that even if they withheld the money, not for the reasons I have mentioned, but with the intention of speedy payment, they would never actually have paid it, or let it slip out of their hands; with such urgency did the case press upon them.
[15] δύο μὲν γάρ ἐστιν ἔτη τὰ μεταξὺ τοῦ συνοικῆσαί τε τὴν γυναῖκα καὶ φῆσαι τούτους πεποιῆσθαι τὴν ἀπόλειψιν: ἐγήματο μὲν γὰρ ἐπὶ Πολυζήλου ἄρχοντος σκιροφοριῶνος μηνός, ἡ δ᾽
ἀπόλειψις ἐγράφη ποσιδεῶνος μηνὸς ἐπὶ Τιμοκράτους: ἐγὼ δ᾽ εὐθέως μετὰ τοὺς γάμους δοκιμασθεὶς ἐνεκάλουν καὶ λόγον ἀπῄτουν, καὶ πάντων ἀποστερούμενος τὰς δίκας ἐλάγχανον ἐπὶ τοῦ αὐτοῦ ἄρχοντος.
[15] There was an interval of two years between the marriage of the woman and their declaration that the divorce had taken place. She was married in the archonship of Polyzelus, in the month of Scirophorion, and the divorce was registered in the month of Poseidon, in the archonship of Timocrates. I, on my part, was admitted to citizenship immediately after the marriage, laid my charges, and demanded an accounting; and, finding that I was being robbed of all my property, instituted my suit under the last-mentioned archon.
[16] ὁ δὴ χρόνος οὗτος ὀφειλῆσαι μὲν ἐνδέχεται κατὰ τὰς ὁμολογίας, ἀποδοῦναι δ᾽ οὐκ ἔχει πίστιν. ὃς γὰρ διὰ ταῦτ᾽ ἐξ ἀρχῆς ὀφείλειν εἵλετο καὶ τόκον φέρειν, ἵνα μὴ κινδυνεύοι ἡ προὶξ μετὰ τῆς ἄλλης οὐσίας, πῶς οὗτος ἂν ἀπέδωκεν ἤδη τὴν δίκην φεύγοντος; ὃς εἰ καὶ τότ᾽ ἐπίστευσεν, τηνικαῦτ᾽ ἂν ἀπολαβεῖν ἐζήτησεν. οὐκ ἔνεστι δήπουθεν, ὦ ἄνδρες δικασταί.
[16] The shortness of the time makes the continuance of the debt in accordance with the agreement not unlikely, but it is incredible that it should have been paid. For do you suppose that the defendant here, a man who at the first chose to owe the money and to pay interest on it, in order that his sister’s dowry might not be jeopardized along with the rest of her husband’s property, would have paid it when suit had already been instituted against that husband? Why, even if he had at the first trusted him with the money, he would then at once have sought to recover it. No, men of the jury; the supposition is, I presume, impossible.
[17] ἀλλὰ μὴν ὡς ἐγήματο μὲν ἡ γυνὴ καθ᾽ ὃν ἐγὼ λέγω χρόνον, ἀντίδικοι δ᾽ ἡμεῖς ἤδη πρὸς ἀλλήλους ἐν τῷ μεταξὺ χρόνῳ κατέστημεν, ὕστερον δ᾽ ἢ ἐγὼ τὴν δίκην ἔλαχον τὴν ἀπόλειψιν οὗτοι πρὸς τὸν ἄρχοντ᾽ ἀπεγράψαντο, λαβέ μοι καθ᾽ ἕκαστον ταύτας τὰς μαρτυρίας.”Μαρτυρία”
μετὰ τοίνυν τοῦτον τὸν ἄρχοντα Κηφισόδωρος, Χίων. ἐπὶ τούτων ἐνεκάλουν δοκιμασθείς, ἔλαχον δὲ τὴν δίκην ἐπὶ Τιμοκράτους. λαβὲ ταύτην τὴν μαρτυρίαν.”Μαρτυρία”
[17] To prove that the woman married at the time I mention; that in the interim Aphobus and I had already gone to law; and that those men did not register the divorce with the archon until after I had instituted my suit, take, please, these depositions regarding each point.” Depositions”
After this archon came Cephisodorus and then Chion. During their term of office, having been admitted to citizenship, I continued to press my charges, and in the archonship of Timocrates I began my suit.
Take this deposition, please.” Deposition”
[18] ἀνάγνωθι δὲ καὶ ταύτην τὴν μαρτυρίαν.”Μαρτυρία”
δῆλον μὲν τοίνυν καὶ ἐκ τῶν μεμαρτυρημένων, ὅτι τὴν προῖκ᾽ οὐ δόντες, ἀλλ᾽ ἐπὶ τῷ διασῴζειν Ἀφόβῳ τὴν οὐσίαν ταῦτα τολμῶσι πράττειν. οἳ γὰρ ἐν τοσούτῳ χρόνῳ καὶ ὀφειλῆσαι καὶ ἀποδοῦναι καὶ τὴν γυναῖκ᾽ ἀπολιπεῖν καὶ οὐ κομίσασθαι καὶ τὸ χωρίον ἀποτιμήσασθαί φασιν, πῶς οὐ φανερὸν ὅτι προστάντες τοῦ πράγματος τὰ γνωσθένθ᾽ ὑφ᾽ ὑμῶν ἀποστερῆσαί με ζητοῦσιν;
[18] Read also this deposition.” Deposition”
It is clear, then, from the evidence adduced that it is not because they have paid the dowry, but because they wish to save his property for Aphobus, that they have had the audacity to act as they have done. For when in so short a time they allege that they owed the money; that they paid it; that the woman was divorced and could not recover the dowry; and that they took a mortgage on the land; how can it be other than clear that they are acting in collusion in their attempt to defraud me of the damages awarded me by you?
[19] ὡς δὲ καὶ ἐξ ὧν αὐτὸς οὗτος καὶ Τιμοκράτης καὶ Ἄφοβος ἀπεκρίναντο, οὐχ οἷόν τ᾽ ἀποδεδόσθαι τὴν προῖκα, ταῦτ᾽ ἤδη πειράσομαι διδάσκειν ὑμᾶς. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, τούτων ἕκαστον ἠρόμην πολλῶν ἐναντίον μαρτύρων, Ὀνήτορα μὲν καὶ Τιμοκράτην, εἴ τινες εἶεν μάρτυρες ὧν ἐναντίον τὴν προῖκ᾽ ἀπέδοσαν, αὐτὸν δ᾽ Ἄφοβον, εἴ τινες παρῆσαν ὅτ᾽ ἀπελάμβανεν.
[19] I shall now endeavor to prove to you from the answers given by the defendant himself, and by Timocrates, and Aphobus, that it is impossible that the dowry should have been paid. For, men of the jury, I questioned each of these men in the presence of many witnesses. I asked Onetor and Timocrates whether any witnesses were present when they paid the dowry, and Aphobus himself whether any were present when he received it;
[20] καί μοι πάντες ἀπεκρίναντο καθ᾽ ἕκαστον, ὅτι οὐδεὶς μάρτυς παρείη, κομίζοιτο δὲ λαμβάνων καθ᾽ ὁποσονοῦν δέοιτ᾽ Ἄφοβος παρ᾽ αὐτῶν. καίτοι τῷ τοῦθ᾽ ὑμῶν πιστόν, ὡς ταλάντου τῆς προικὸς οὔσης ἄνευ μαρτύρων Ὀνήτωρ καὶ Τιμοκράτης Ἀφόβῳ τοσοῦτον ἀργύριον ἐνεχείρισαν; ᾧ μὴ ὅτι τοῦτον τὸν τρόπον, ἀλλ᾽ οὐδὲ μετὰ πολλῶν μαρτύρων ἀποδιδοὺς εἰκῇ τις ἂν ἐπίστευσεν, ἵν᾽ εἴ τις γίγνοιτο διαφορά, κομίσασθαι ῥᾳδίως παρ᾽ ὑμῖν δύνηται.
[20] and they all answered severally that no witness was present, but that Aphobus got it from them by instalments, in such sums as he needed from time to time. And yet can any one of you believe this, that, when the dowry was a talent, Onetor and Timocrates put so large a sum into the hands of Aphobus without witnesses? Why, in paying him money, I will not say in this manner, but even in the presence of many witnesses, one would have taken every possible precaution in order, if a dispute should arise, to be able readily to recover in your court what was due.
[21] μὴ γὰρ ὅτι πρὸς τοῦτον τοιοῦτον ὄντα, ἀλλ᾽ οὐδὲ πρὸς ἄλλον οὐδ᾽ ἂν εἷς οὐδένα τοιοῦτον συνάλλαγμα ποιούμενος ἀμαρτύρως ἂν ἔπραξεν: ἀλλὰ τῶν τοιούτων ἕνεκα καὶ γάμους ποιοῦμεν καὶ τοὺς ἀναγκαιοτάτους παρακαλοῦμεν, ὅτι οὐ πάρεργον, ἀλλ᾽ ἀδελφῶν καὶ θυγατέρων βίους ἐγχειρίζομεν, ὑπὲρ ὧν τὰς ἀσφαλείας μάλιστα σκοποῦμεν.
[21] No man, in concluding a transaction of such importance, I will not say with such a man as Aphobus, but with anybody whatever, would have acted without a witness. This is the reason why we celebrate marriage-feasts and call together our closest friends and relations, because we are dealing with no light affair, but are entrusting to the care of others the lives of our sisters and daughters, for whom we seek the greatest possible security.
[22] εἰκὸς τοίνυν καὶ τ�
�ῦτον, ὧνπερ ἐναντίον ὀφείλειν ὡμολόγησεν καὶ τὸν τόκον οἴσειν, τῶν αὐτῶν τούτων παρόντων διαλύσασθαι πρὸς Ἄφοβον, εἴπερ ὡς ἀληθῶς ἀπεδίδου τὴν προῖκ᾽ αὐτῷ. τοῦτον μὲν γὰρ τὸν τρόπον πράξας, ὅλου τοῦ πράγματος ἀπηλλάττετο, μόνος μόνῳ δ᾽ ἀποδιδούς, τοὺς ἐπὶ ταῖς ὁμολογίαις παραγενομένους ὡς κατ᾽ ὀφείλοντος ἂν αὑτοῦ μάρτυρας ὑπελείπετο.
[22] The presumption is, then, that the defendant made the settlement in the presence of the same witnesses before whom he had admitted the indebtedness and promised to pay the interest, if he really did pay the dowry to Aphobus. For, if he had acted in this way, he would have cleared himself of the whole matter; but by paying him when they were alone, he would have left those in whose presence he had made the agreement as witnesses that he was still a debtor.
[23] νῦν τοίνυν τοὺς μὲν ὄντας οἰκείους καὶ βελτίους αὑτῶν οὐκ ἐδύναντο πεῖσαι τὴν προῖκ᾽ ἀποδεδωκέναι σφᾶς μαρτυρεῖν, ἑτέρους δ᾽ εἰ παρέχοιντο μάρτυρας μηδὲν γένει προσήκοντας, οὐκ ἂν ἡγοῦνθ᾽ ὑμᾶς αὐτοῖς πιστεύειν. ἔτι δ᾽ ἁθρόαν μὲν φάσκοντες δεδωκέναι τὴν προῖκα, ᾔδεσαν ὅτι τοὺς ἀπενεγκόντας οἰκέτας ἐξαιτήσομεν, οὓς μὴ γεγενημένης τῆς δόσεως παραδοῦναι μὴ ‘θέλοντες ἠλέγχοντ᾽ ἄν: εἰ δ᾽ αὐτοὶ μόνοι μόνῳ τοῦτον τὸν τρόπον ἀποδεδωκέναι λέγοιεν, ἐνόμιζον οὐκ ἐλεγχθήσεσθαι.