Delphi Complete Works of Demosthenes

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Delphi Complete Works of Demosthenes Page 509

by Demosthenes


  [20] Such being the law, I fancy that this man — call him Boeotus or Mantitheus, or any other name by which he likes to be addressed — will have no valid or genuine defence to offer, but, relying upon his own audaciousness and effrontery, will endeavor to attach to me the misfortunes of his own family, as he is wont to do also in private life; and will allege that when the property of Pamphilus, who was the father of Plangon, was confiscated, my father took from out the council-chamber the surplus proceeds and he will thus try to show that his own mother brought a dowry of more than one hundred minae, while my mother (he will claim) brought my father no portion whatever.

  [21] ταῦτα διέξεισιν, ὦ ἄνδρες δικασταί, οὔτε μαρτυρίαν οὐδεμίαν ἐμβεβλημένος ὑπὲρ τούτων οὔτ᾽ ἀγνοῶν ὡς οὐδὲν ὑγιὲς λέγει, ἀλλ᾽ ἀκριβῶς εἰδὼς ὅτι ὁμολογῶν μὲν ἀδικεῖν ἐν ὑμῖν οὐδείς πω ἀπέφυγεν, ψευδόμενος δὲ καὶ παραγωγὰς λέγων ἤδη τις δίκην οὐκ ἔδωκεν. ἵνα οὖν μὴ ἐξαπατηθῆτε ὑπ᾽ αὐτοῦ, βέλτιον εἶναί μοι δοκεῖ βραχέα καὶ περὶ τούτου πρὸς ὑμᾶς εἰπεῖν.

  [21] These things he will state at length to you, men of the jury, although he has not put a single deposition in the box to substantiate them, and knows very well that there is not a word of truth in what he says; for he is fully conscious that in your court no man who confessed his guilt was ever acquitted, whereas by lying and advancing arguments to lead you astray many a man ere now has avoided paying the penalty for his deeds. In order, then, that you may not be deceived by him, I think it is better to speak to you briefly about this matter also.

  [22] ἐὰν γὰρ λέγῃ ὡς ἡ μὲν ἐμὴ μήτηρ οὐκ ἐπηνέγκατο προῖκα, ἡ δὲ τούτων ἐπηνέγκατο, ἐνθυμεῖσθε ὅτι περιφανῶς ψεύδεται. πρῶτον μὲν γὰρ ὁ Πάμφιλος ὁ πατὴρ τῆς τούτου μητρὸς πέντε τάλαντα τῷ δημοσίῳ ὀφείλων ἐτελεύτησεν, καὶ τοσούτου ἐδέησεν περιγενέσθαι τι τοῖς ἐκείνου παισὶν τῆς οὐσίας ἀπογραφείσης καὶ δημευθείσης, ὥστε οὐδὲ τὸ ὄφλημα πᾶν ὑπὲρ αὐτοῦ ἐκτέτεισται, ἀλλ᾽ ἔτι καὶ νῦν ὁ Πάμφιλος ὀφείλων τῷ δημοσίῳ ἐγγέγραπται. πῶς οὖν οἷόν τε τὸν ἐμὸν πατέρα χρήματα λαβεῖν ἐκ τῆς Παμφίλου οὐσίας, ἣ οὐδὲ αὐτὸ τὸ ὄφλημα ἱκανὴ ἐγένετο τῇ πόλει ἐκτεῖσαι;

  [22] For if he shall say that my mother did not bring with her a marriage-portion, while their mother did, bear in mind that he is manifestly lying. To begin with, Pamphilus, the father of this man’s mother, died owing five talents to the public treasury, and so far from there being any surplus proceeds for his children after his property had been scheduled and confiscated, even his indebtedness has not been paid in full, but to this day Pamphilus stands inscribed as a debtor to the treasury. How, then, can it be that my father received money from the estate of Pamphilus, which proved inadequate to pay in full even the debt due to the city?

  [23] ἔπειτα, ὦ ἄνδρες δικασταί, ἐνθυμεῖσθε ὅτι, εἰ τὰ μάλιστα περιεγένετο τὰ χρήματα ταῦτα, ὥσπερ οὗτοί φασιν, οὐκ ἂν ὁ ἐμὸς πατὴρ αὐτὰ ἔλαβεν, ἀλλ᾽ οἱ τοῦ Παμφίλου υἱεῖς, Βοιωτὸς καὶ Ἡδύλος καὶ Εὐθύδημος, οἳ οὐκ ἂν δήπου ἐπὶ μὲν τῷ τἀλλότρια λαμβάνειν ὅτι ἂν οὖν ἐποίουν, ὡς καὶ ὑμεῖς ἅπαντες ἴστε, τὰ δ᾽ αὑτῶν τὸν ἐμὸν πατέρα περιεῖδον κομισάμενον.

  [23] Furthermore, men of the jury, bear this in mind, that were it never so true that this surplus money did accrue as these men pretend, it was not my father who would have received it, but the sons of Pamphilus, Boeotus and Hedylus and Euthydemus; and, I fancy, they are not men who would go to all lengths to get hold of the property of others, as you all know, and yet at the same time quietly have allowed my father to take possession of what was theirs.

  [24] ὅτι μὲν τοίνυν ἥ γε τούτων μήτηρ οὐκ ἐπηνέγκατο προῖκα, ἀλλ᾽ οὗτοι τοῦτο ψεύδονται, ἱκανῶς ὑμᾶς μεμαθηκέναι νομίζω: ὅτι δὲ ἡ ἐμὴ μήτηρ ἐπηνέγκατο, ῥᾳδίως ἐγὼ δείξω. πρῶτον μὲν γὰρ Πολυαράτου θυγάτηρ ἦν, ὃς καὶ ὑφ᾽ ὑμῶν ἐτιμᾶτο καὶ πολλὴν οὐσίαν ἐκέκτητο: ἔπειτα μεμαρτύρηται ὑμῖν ὡς καὶ ἡ ἀδελφὴ αὐτῆς τοσαύτην προῖκα ἐπενεγκαμένη Ἐρυξιμάχῳ συνῴκησεν, τῷ Χαβρίου κηδεστῇ.

  [24] That the mother of these men did not bring with her a marriage-portion, but that they are lying in regard to this, I think has been proved to you quite adequately; but that my mother did bring one, I shall easily show. In the first place, she was the daughter of Polyaratus, who was both honored by you citizens, and had acquired a large estate. Secondly, it has been proved to you by witnesses that her sister brought a dowry of the like amount when she married Eryximachus, the brother-in-law of Chabrias.

  [25] πρὸς δὲ τούτοις φαίνεταί μου ἡ μήτηρ τὸ πρῶτον ἐκδοθεῖσα Κλεομέδοντι, οὗ φασι τὸν πατέρα Κλέωνα τῶν ὑμετέρων προγόνων στρατηγοῦντα, Λακεδαιμονίων πολλοὺς ἐν Πύλῳ ζῶντας λαβόντα, μάλιστα πάντων ἐν τῇ πόλει εὐδοκιμῆσαι: ὥστε οὔτε τὸν ἐκείνου προσῆκεν υἱὸν ἄπροικον αὐτὴν γῆμαι, οὔτε Μενέξενον καὶ Βάθυλλον εἰκός ἐστιν, αὐτούς τε οὐσίαν πολλὴν κεκτημένους καὶ Κλεομέδοντος τελευτήσαντος κομισαμένους τὴν προῖκα, ἀποστερῆσαι τὴν ἀδελφὴν τὴν ἑαυτῶν, ἀλλὰ προσθέντας αὐτοὺς ἐκδοῦναι τῷ ἡμετέρῳ πατρί, καθάπερ καὶ αὐτοὶ πρὸς ὑμᾶς καὶ οἱ ἄλλοι μεμαρτυρήκασιν.

  [25] Besides all this, my mother is shown to have been first given in marriage to Cleomedon, whose father Cleon, we are told, commanded troops among whom were your ancestors, and captured alive a large number of Lacedaemonians in Pylos, and won greater renown than any other man in the state; so it was not fitting that the son of that famous man should wed my mother without a dowry, nor is it likely that Menexenus and Bathyllus, who had large fortunes themselves, and who, after Cleomedon’s death, received back the dowry, defrauded their own sister; rather, they would themselves have added to her portion, when they gave her in marriage to my father, as they themselves and the others have testified before you.

  [26] χωρὶς δὲ τούτων ἐνθυμήθητε, διὰ τί ἄν ποτε ὁ πατήρ, εἴπερ ἡ μὲν ἐμὴ μήτηρ μὴ ἦν ἐγγυητὴ μηδὲ ἠνέγκατο προῖκα, ἡ δὲ τούτων ἠνέγκατο, τοὺς μὲν οὐκ ἔφη αὑτοῦ υἱεῖς εἶναι, ἐμὲ δὲ καὶ ἐποιεῖτο καὶ ἐπαίδευεν; ὅτι νὴ Δία, ὡς οὗτοι φήσουσιν, ἐμοὶ χαριζόμενος καὶ τῇ ἐμῇ μητρὶ τούτους ἠτίμαζεν.

  [26] And besides this, just consider why in the world, if my mother had not been a lawfully espoused wife, and had brought no dowry, while the mother of these men did, should my father have denied that they were his sons, and have acknowledged me, and brought me up? Because, forsooth, as these men will cla
im, he dishonored them in order to show favor to me and my mother.

  [27] ἀλλ᾽ ἐκείνη μὲν ἔτι παῖδα μικρὸν ἐμὲ καταλιποῦσα αὐτὴ τὸν βίον ἐτελεύτησεν, ἡ δὲ τούτων μήτηρ Πλαγγὼν καὶ πρότερον καὶ μετὰ ταῦτα εὐπρεπὴς τὴν ὄψιν οὖσα ἐπλησίαζεν αὐτῷ: ὥστε πολὺ μᾶλλον εἰκὸς ἦν αὐτὸν διὰ τὴν ζῶσαν γυναῖκα, ἧς ἐρῶν ἐτύγχανε, τὸν τῆς τεθνεώσης υἱὸν ἀτιμάζειν, ἢ δι᾽ ἐμὲ καὶ τὴν τετελευτηκυῖαν τοὺς ἐκ τῆς ζώσης καὶ πλησιαζούσης αὐτῷ παῖδας μὴ ποιεῖσθαι.

  [27] But my mother died, leaving me still a little boy, whereas the mother of these men, Plangon, who was a handsome woman, maintained her connection with him both before and after that; so that it was much more likely that for the sake of the living woman, with whom he was in love all this time, he would dishonor the son of her who was dead, than that for my sake and my dead mother’s he would refuse to acknowledge the children of her who was living and maintaining her connection with him.

  [28] καίτοι οὗτός γε εἰς τοῦτο τόλμης ἥκει, ὥστε φησὶ τὸν πατέρα μου δεκάτην ὑπὲρ αὑτοῦ ἑστιᾶσαι. καὶ περὶ τούτου μόνον Τιμοκράτους καὶ Προμάχου ἐμβέβληται μαρτυρίας, οἳ οὔτε γένει προσήκουσί μου τῷ πατρὶ οὐδὲν οὔτε φίλοι ἦσαν ἐκείνῳ. οὕτω δὲ φανερῶς τὰ ψευδῆ μεμαρτυρήκασιν, ὥστε ὃν πάντων ὑμῶν εἰδότων οὑτοσὶ δίκην λαχὼν ἄκοντα ἠνάγκασε ποιήσασθαι αὑτόν, τοῦτον οὗτοι, ὥσπερ κλητῆρες, δύο μόνοι ὄντες μαρτυροῦσιν δεκάτην ὑπὲρ τούτου ἑστιᾶσαι.

  [28] My opponent, however, has come to such a pitch of audacity as to declare that my father made feast for him on the tenth day. And in regard to this he has put in depositions of Timocrates and Promachus alone, who are in no way related to my father, and were not friends of his. The testimony they have borne is so patently false, that, whereas you all know that Boeotus by instituting proceedings forced my father against his will to acknowledge him these men, like witnesses to a summons — and only two of them — depose that he made a feast for this fellow on the tenth day!

  [29] οἷς τίς ἂν ὑμῶν πιστεύσειεν; καὶ μὴν οὐδ᾽ ἐκεῖνό γε εἰπεῖν αὐτῷ ἐνδέχεται, ὡς μικρὸν μὲν ὄντα ἐποιεῖτο αὐτὸν ὁ πατήρ, μείζω δὲ γενόμενον τῇ μητρὶ ὀργισθείς τι τῇ τούτων ἠτίμαζεν: πολὺ γὰρ δήπου μᾶλλον εἰώθασιν, ὧν ἂν ἐν αὑτοῖς διενεχθῶσιν γυνὴ καὶ ἀνήρ, διαλλάττεσθαι διὰ τοὺς παῖδας ἢ διὰ τὰς πρὸς ἑαυτοὺς ὀργὰς τοὺς κοινοὺς παῖδας πρὸς μισεῖν. ὥστε ἐὰν μὲν ἐπιχειρῇ ταῦτα λέγειν, μὴ ἐπιτρέπετε ἀναισχυντεῖν.

  [29] Is there anyone of you who can believe that? And assuredly it is not open to him to say this, either — that when he was a little child my father acknowledged him, but that when he was grown he scorned him because of some quarrel with the mother of these men; for surely man and wife are much more apt, in cases where they are at variance with one another, to become reconciled for the sake of their children than, because of their enmity toward each other, to hate their common children as well. If, therefore, he attempts to say this, do not permit him to brazen it out.

  [30] ἂν δὲ λέγῃ περὶ τῶν δικῶν ἃς ἀπεδιῄτησέν μου ὁ διαιτητής, καὶ φάσκῃ ὑπ᾽ ἐμοῦ ἀπαράσκευος ληφθῆναι, πρῶτον μὲν μέμνησθε ὅτι οὐκ ὀλίγος χρόνος ἐγένετο, ἐν ᾧ ἔδει παρασκευάσασθαι αὐτόν, ἀλλ᾽ ἔτη πολλά, ἔπειθ᾽ ὅτι οὗτος ἦν ὁ διώκων, ὥστε πολὺ μᾶλλον ἦν εἰκὸς ἐμὲ ὑπὸ τούτου ἀπαράσκευον ληφθῆναι ἢ τοῦτον ὑπ᾽ ἐμοῦ.

  [30] And should he go on to talk about the actions brought by them, which the arbitrator decided in my favor, and claim that he was caught by me unprepared, remember, first, that it was not a short time that he had in which to prepare himself, but a great many years, and secondly, that it was he who brought the suit, so that it was much more likely that I should be taken unprepared by him than he by me.

  [31] ἔτι δὲ πάντες ὑμῖν οἱ πρὸς τῷ διαιτητῇ παρόντες μεμαρτυρήκασιν ὡς οὗτος παρὼν αὐτός, ὅτε ἀπεδιῄτησέ μου ὁ διαιτητής, οὔτε ἐφῆκεν εἰς τὸ δικαστήριον ἐνέμεινέ τε τῇ διαίτῃ. καίτοι ἄτοπον δοκεῖ μοι εἶναι, εἰ οἱ μὲν ἄλλοι, ὅταν οἴωνται ἀδικεῖσθαι, καὶ τὰς πάνυ μικρὰς δίκας εἰς ὑμᾶς ἐφιᾶσιν, οὗτος δέ μοι περὶ προικὸς δίκην ταλάντου λαχών, ταύτης, ὡς αὐτός φησιν, ἀδίκως ἀποδιαιτηθείσης ἐνέμεινεν.

  [31] And further, all those who were present before the arbitrator have given testimony that Boeotus was present when the arbitrator gave his decision in my favor and that he did not appeal to the court, but acquiesced in the decision. And yet it seems to me a strange thing that, whereas other men, who consider that they are being wronged, bring before you on appeal cases even of the slightest import, this fellow, who had brought suit against me to recover a talent as the marriage-portion, and had this suit decided against him by the arbitrator, unjustly, as he claims, should acquiesce in the decision.

  [32] νὴ Δί᾽, ἀπράγμων γάρ τις ἴσως ἐστὶν ἄνθρωπος καὶ οὐ φιλόδικος. ἐβουλόμην τἄν, ὦ ἄνδρες δικασταί, τοιοῦτον αὐτὸν εἶναι. νυνὶ δὲ ὑμεῖς μὲν οὕτως ἐστὲ κοινοὶ καὶ φιλάνθρωποι, ὥστε οὐδὲ τοὺς τῶν τριάκοντα υἱεῖς φυγαδεῦσαι ἐκ τῆς πόλεως ἠξιώσατε: οὗτος δὲ ἐμοὶ μετὰ Μενεκλέους τοῦ πάντων τούτων ἀρχιτέκτονος ἐπιβουλεύσας, καὶ ἐξ ἀντιλογίας καὶ λοιδορίας πληγὰς συναψάμενος, ἐπιτεμὼν τὴν κεφαλὴν τὴν αὑτοῦ τραύματος εἰς Ἄρειον πάγον με προσεκαλέσατο, ὡς φυγαδεύσων ἐκ τῆς πόλεως.

  [32] Ah, but it may be said that he is a man who loves peace and hates litigation. I could indeed wish, men of the jury, that he were a man of that type. But here is the truth: you are so generous and so kind toward your fellow-men that you did not deem it right to banish from the city even the sons of the Thirty Tyrants; but Boeotus, plotting against me with Menecles, who is the prime mover in all these schemes, having managed to get up a quarrel that from disputes and revilings should come to blows, cut his own head, and summoned me before the Areopagus on a charge of murderous assault, with the intention of driving me into exile from the city.

  [33] καὶ εἰ μὴ Εὐθύδικος ὁ ἰατρός, πρὸς ὃν οὗτοι τὸ πρῶτον ἦλθον δεόμενοι ἐπιτεμεῖν τὴν κεφαλὴν αὐτοῦ, πρὸς τὴν ἐξ Ἀρείου πάγου βουλὴν εἶπεν τὴν ἀλήθειαν πᾶσαν, τοιαύτην ἂν δίκην οὗτος εἰλήφει παρ᾽ ἐμοῦ τοῦ μηδὲν ἀδικοῦντος, ἣν ὑμεῖς οὐδὲ κατὰ τῶν τὰ μέγιστ᾽ ἀδικούντων ὑμᾶς ἐπιχειρήσαιτ᾽ ἂν ποιήσασθαι. ἵν
α δὲ μὴ δοκῶ διαβάλλειν αὐτόν, ἀνάγνωθί μοι τὰς μαρτυρίας.”Μαρτυρίαι”

  [33] And if Euthydicus, the physician, to whom these men had gone in the first instance, asking him to make a cut on the head of Boeotus — had not told to the court of the Areopagus the whole truth, this man would have taken such vengeance upon me, who was guilty of no wrong toward him, as you would not try to inflict on those who were guilty of the greatest wrongs toward you.

  That I may not be thought to be slandering him, read, please, the depositions.” Depositions”

  [34] τοῦτον μὲν τοίνυν οὕτω μέγαν καὶ φοβερὸν ἀγῶνά μοι οὐχ ὡς εὐήθης ὤν, ἀλλ᾽ ὡς ἐπίβουλος καὶ κακοῦργος κατεσκεύασεν. μετὰ δὲ ταῦτα ἀντὶ τοῦ ὀνόματος οὗ ἔθετο αὐτῷ ὁ πατὴρ Βοιωτόν, ὥσπερ καὶ πρὸς ὑμᾶς μεμαρτύρηται, ἐπειδὴ ἐκεῖνος ἐτελεύτησε, Μαντίθεον ἑαυτὸν ἐγγράψας εἰς τοὺς δημότας, καὶ τοῦ αὐτοῦ ἐμοὶ καὶ πατρὸς καὶ δήμου προσαγορευόμενος, οὐ μόνον τὴν δίκην ταύτην, περὶ ἧς νυνὶ δικάζομαι, ἀνάδικον ἐποίησεν, ἀλλὰ καὶ χειροτονησάντων ὑμῶν ἐμὲ ταξίαρχον, ἧκεν αὐτὸς ἐπὶ τὸ δικαστήριον δοκιμασθησόμενος, δίκην δὲ ἐξούλης ὠφληκώς, ταύτην οὐκ αὐτὸς ὠφληκέναι φησίν, ἀλλ᾽ ἐμέ.

 

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