by Demosthenes
[2] But, as it is, the more gentleness and consideration I used in talking with the defendant, the more contempt he showed toward me. And now it appears that in my contest with him we are in no sense on equal terms, but he can take the matter lightly, since he has been accustomed to come often before you, whereas I fear this very thing, that because of my lack of experience I may prove unable to explain my case to you. None the less, men of the jury, I beg you to give heed.
[3] Πολύευκτος γὰρ ἦν τις Θριάσιος, ὃν ἴσως οὐδ᾽ ὑμῶν τινες ἀγνοοῦσιν. οὗτος ὁ Πολύευκτος, ἐπειδὴ οὐκ ἦσαν αὐτῷ παῖδες ἄρρενες, ποιεῖται Λεωκράτη τὸν ἀδελφὸν τῆς ἑαυτοῦ γυναικός. οὐσῶν δ᾽ αὐτῷ δύο θυγατέρων ἐκ τῆς τοῦ Λεωκράτους ἀδελφῆς, τὴν μὲν πρεσβυτέραν ἐμοὶ δίδωσιν καὶ τετταράκοντα μνᾶς προῖκα, τὴν δὲ νεωτέραν τῷ Λεωκράτει.
[3] Polyeuctus was a man of Teithras, not unknown, it may well be, to some of you. This Polyeuctus, since he had no male children, adopted Leocrates, the brother of his own wife; but since he had two daughters by the sister of Leocrates, he gave the elder to me in marriage with a portion of forty minae, and the younger to Leocrates.
[4] τούτων δ᾽ οὕτως ἐχόντων, διαφορᾶς γενομένης τῷ Πολυεύκτῳ πρὸς τὸν Λεωκράτη, περὶ ἧς οὐκ οἶδ᾽ ὅ τι δεῖ λέγειν, ἀφελόμενος ὁ Πολύευκτος τὴν θυγατέρα δίδωσι Σπουδίᾳ τουτῳί. μετὰ δὲ ταῦτ᾽ ἠγανάκτει θ᾽ ὁ Λεωκράτης, καὶ δίκας ἐλάγχανε Πολυεύκτῳ καὶ τουτῳὶ Σπουδίᾳ, καὶ περὶ πάντων ἠναγκάζοντ᾽ εἰς λόγον καθίστασθαι. καὶ τὸ τελευταῖον διελύθησαν, ἐφ᾽ ᾧτε κομισάμενον τὸν Λεωκράτην ἅπερ ἦν εἰς τὴν οὐσίαν εἰσενηνεγμένος, μήτε κακόνουν εἶναι τῷ Πολυεύκτῳ, τῶν τε πρὸς ἀλλήλους ἐγκλημάτων ἀπηλλάχθαι πάντων.
[4] So matters stood, when a quarrel came about between Polyeuctus and Leocrates, as to the nature of which I know of nothing which it is incumbent upon me to relate, and Polyeuctus took away his daughter and gave her in marriage to this man Spudias. After this Leocrates, being greatly incensed, brought suit against Polyeuctus and Spudias here, and they were forced to render an accounting in regard to all the matters at issue, and in the end a settlement was reached on the terms that Leocrates, on receiving back all that he had brought into the estate, should be reconciled with Polyeuctus, and that final releases should be given from all demands made by each upon the other.
[5] τίνος οὖν ἕνεχ᾽ ὑμῖν, ὦ ἄνδρες δικασταί, ταῦτ᾽ εἶπον; ὅτι τὴν προῖκ᾽ οὐ κομισάμενος ἅπασαν, ἀλλ᾽ ὑπολειφθεισῶν χιλίων δραχμῶν καὶ ὁμολογηθεισῶν ἀπολαβεῖν ὅταν Πολύευκτος ἀποθάνῃ, ἕως μὲν ὁ Λεωκράτης ἦν κληρονόμος τῶν Πολυεύκτου, πρὸς ἐκεῖνον ἦν μοι τὸ συμβόλαιον: ἐπειδὴ δ᾽ ὅ τε Λεωκράτης ἐξεκεχωρήκει ὅ τε Πολύευκτος μοχθηρῶς εἶχεν, τηνικαῦτ᾽, ὦ ἄνδρες δικασταί, τὴν οἰκίαν ταύτην ἀποτιμῶμαι πρὸς τὰς δέκα μνᾶς, ἐξ ἧς διακωλύει με τὰς μισθώσεις κομίζεσθαι Σπουδίας.
[5] Now, why is it, men of the jury, that I have told you this? Because I did not receive the whole of my wife’s portion, but a thousand drachmae were left unpaid with the understanding that I should receive them on the death of Polyeuctus; and so long as Leocrates was the heir of Polyeuctus, it was he who was responsible to me for the debt; but when Leocrates had left the family, and Polyeuctus was seriously ill, then, men of the jury, to secure the ten minae, I took a mortgage on this house, the rents accruing from which Spudias seeks to prevent me from collecting.
[6] πρῶτον μὲν οὖν ὑμῖν μάρτυρας παρέξομαι τοὺς παραγενομένους ὅτ᾽ ἠγγύα μοι Πολύευκτος τὴν θυγατέρ᾽ ἐπὶ τετταράκοντα μναῖς: ἔπειθ᾽ ὡς ἔλαττον ταῖς χιλίαις ἐκομισάμην: ἔτι δ᾽ ὡς ἅπαντα τὸν χρόνον ὀφείλειν ὡμολόγει μοι Πολύευκτος, καὶ τὸν Λεωκράτην συνέστησε, καὶ ὡς τελευτῶν διέθεθ᾽ ὅρους ἐπιστῆσαι χιλίων δραχμῶν ἐμοὶ τῆς προικὸς ἐπὶ τὴν οἰκίαν. καί μοι κάλει τοὺς μάρτυρας.”Μάρτυρες”
[6] In the first place, then, I shall bring before you as witnesses those who were present when Polyeuctus betrothed his daughter to me with a portion of forty minae; then I shall prove that what I received was less by a thousand drachmae; and further that Polyeuctus always admitted that he was in my debt, and that he introduced to me Leocrates as guarantor; and that at his death he directed by his will that pillars should be set up on the house in my favor for a thousand drachmae due on account of my wife’s portion.
Please call the witnesses.” Witnesses”
[7] ἓν μὲν τοίνυν, ὦ ἄνδρες δικασταί, τοῦτ᾽ ἔστιν ὧν ἐγκαλῶ Σπουδίᾳ. καὶ περὶ τούτου τί ἂν ἔτι μεῖζον ἢ ἰσχυρότερον ἔχων εἰς ὑμᾶς κατέστην ἢ τὸν νόμον, ὃς οὐκ ἐᾷ διαρρήδην, ὅσα τις ἀπετίμησεν, εἶναι δίκας, οὔτ᾽ αὐτοῖς οὔτε τοῖς κληρονόμοις; ἀλλ᾽ ὅμως πρὸς τοῦτο τὸ δίκαιον ἥκει Σπουδίας ἀμφισβητήσων.
[7] This, then, men of the jury, is one of the charges which I make against Spudias. And in this matter what stronger or more solid ground could I have in coming before you than the law which expressly ordains that, in all cases where men have given a mortgage, there shall be no right of action for them or for their heirs? But nevertheless it is to dispute this just provision that Spudias has come here.
[8] ἕτερον δ᾽, ὦ ἄνδρες δικασταί, δύο μὲν μνᾶς, ἃς ἐμαρτύρησεν Ἀριστογένης ἐγκαλεῖν ἀποθνῄσκοντα Πολύευκτον ὀφειλομένας αὑτῷ παρὰ Σπουδίᾳ καὶ τὸν τόκον （τοῦτο δ᾽ ἐστὶν οἰκέτου τιμή, ὃν ἐωνημένος οὗτος παρὰ τοῦ Πολυεύκτου, τὴν τιμὴν οὔτ᾽ ἐκείνῳ διέλυσεν οὔτε νῦν εἰς τὸ κοινὸν ἀνενήνοχεν）, ὀκτακοσίας δὲ καὶ χιλίας, περὶ ὧν οὐδ᾽ ἔγωγ᾽ οἶδα τί ποθ᾽ ἕξει δίκαιον λέγειν.
[8] A second claim, men of the jury, is the following: Aristogenes has deposed that Polyeuctus, when about to die, charged that there were due him from Spudias two minae with interest （this was the price of a domestic slave whom the defendant had bought from Polyeuctus, but had neither paid the money nor has now entered it in the general account）; and furthermore there are eighteen hundred drachmae, regarding which I am myself at a loss to know what reasonable thing he will have to say.
[9] ἦν μὲν γὰρ τὸ ἀργύριον παρὰ τῆς Πολυεύκτου δεδανεισμένος γυναικός, γράμματα δ᾽ ἔστιν ἃ κατέλιπεν ἀποθνῄσκουσ᾽ ἐκείνη, μάρτυρες δ᾽ οἱ τῆς γυναικὸς ἀδελφοὶ παρόντες ἅπασιν καὶ καθ᾽ ἕκαστον ἐπερωτῶντες, ἵνα μηδὲν δυσχερὲς ἡμῖν εἴη πρὸς ἀλλήλους. οὔκουν δεινόν, ὦ ἄνδρες δικασταί, καὶ σχέτλιον
ἐμὲ μὲν ἁπάντων, ὧν ἢ παρὰ Πολυεύκτου ζῶντος ἦν ἐωνημένος ἢ παρὰ τῆς γυναικὸς εἶχον αὐτοῦ, καὶ τόκον τιθέναι καὶ τὴν τιμὴν ἀποδεδωκέναι, καὶ νῦν ἅπερ ὤφειλον πάντ᾽ εἰς τὸ κοινὸν φέρειν,
[9] He had borrowed the money from the wife of Polyeuctus, and there are papers which that lady left behind at her death, and the lady’s brothers are witnesses, for they were present at all times and questioned her on every point, that there might be no unpleasantness between us. It is, then, an outrageous and cruel thing, men of the jury, when I on my part, for everything which I either bought from Polyeuctus during his lifetime or received from his wife, have duly paid the price and the interest as well, and am now bringing into the general account everything which I owed,
[10] τοῦτον δὲ μήτε τῶν νόμων τῶν ὑμετέρων φροντίζειν μήθ᾽ ὧν διέθετο Πολύευκτος μήτε τῶν καταλειφθέντων γραμμάτων μήτε τῶν συνειδότων, ἀλλὰ πρὸς ἅπαντα ταῦθ᾽ ἥκειν ἀντιδικήσοντα;
λαβὲ δή μοι πρῶτον μὲν τὸν νόμον, ὃς οὐκ ἐᾷ τῶν ἀποτιμηθέντων ἔτι δίκην εἶναι πρὸς τοὺς ἔχοντας, ἔπειτα τὰ γράμματα τὰ καταλειφθέντα καὶ τὴν μαρτυρίαν τὴν Ἀριστογένους.”Νόμος”“Γράμματα”“Μαρτυρία”
[10] that this fellow should show no regard either for your laws or for the will of Polyeuctus, or for the papers which have been left, or for those who knew the facts, but in the face of all this should have come into court to contest my plea.
Please take first the law which denies the right of action for mortgaged property against the holders of the mortgage, then the papers which were left, and the deposition of Aristogenes.” Law ““ Papers ““ Deposition”
[11] βούλομαι τοίνυν, ὦ ἄνδρες δικασταί, καὶ περὶ τῶν ἄλλων ὧν ἐγκαλῶ καθ᾽ ἕκαστον ὑμᾶς διδάξαι. φιάλην μὲν γὰρ λαβόντες παρὰ τῆς Πολυεύκτου γυναικὸς καὶ θέντες ἐνέχυρα μετὰ χρυσίων, οὐκ ἀνενηνόχασιν κεκομισμένοι ταύτην, ὡς ὑμῖν Δημόφιλος ὁ θέμενος μαρτυρήσει: σκηνὴν δ᾽ ἣν ἔχουσιν, οὐδέ γε ταύτην λαβόντες ἀναφέρουσιν: ἄλλα δὲ πόσα τοιαῦτα; τὸ δὲ τελευταῖον εἰσενεγκούσης τῆς ἐμῆς γυναικὸς εἰς τὰ Νεμέσεια τῷ πατρὶ μνᾶν ἀργυρίου καὶ προαναλωσάσης, οὐδὲ ταύτης ἀξιοῖ συμβαλέσθαι τὸ μέρος, ἀλλὰ τὰ μὲν ἔχει προλαβών, τῶν δὲ τὰ μέρη κομίζεται, τὰ δ᾽ οὕτω φανερῶς οὐκ ἀποδίδωσιν. ἵνα τοίνυν μηδὲ ταῦτ᾽ ᾖ παραλελειμμένα, λαβέ μοι πάντων αὐτῶν τὰς μαρτυρίας.”Μαρτυρίαι”
[11] I wish now, men of the jury, to instruct you in detail also regarding the other claims which I make. They received from the wife of Polyeuctus a bowl, which they pawned together with some pieces of jewelry, and this they have not redeemed and brought into the general account, as Demophilus, to whom it was pawned, will testify. They have also some stuff for hangings, which they received, but they do not account for this either; and many more articles of the same sort. And finally, although my wife advanced a mina of silver and expended it on her father’s behalf for the feast of the dead, the defendant refuses to contribute his share even of this; nay, what he has received he keeps; of other items he receives his due portion; but these claims he thus openly refuses to meet.
Now that these matters too may not be left neglected, take, please, the depositions regarding them all.” Depositions”
[12] ἴσως τοίνυν, ὦ ἄνδρες δικασταί, πρὸς μὲν ταῦτ᾽ οὐδὲν ἀντερεῖ Σπουδίας （οὐδὲ γὰρ ἕξει, καίπερ δεινὸς ὤν）: αἰτιάσεται δὲ Πολύευκτον καὶ τὴν γυναῖκ᾽ αὐτοῦ, καὶ φήσει πάντα ταῦθ᾽ ὑπ᾽ ἐμοῦ πεισθέντας καταχαρίσασθαι, καὶ νὴ Δί᾽ ἕτερα πολλὰ καὶ μεγάλα βλάπτεσθαι, καὶ δίκην εἰληχέναι μοι: ταῦτα γὰρ καὶ πρὸς τῷ διαιτητῇ λέγειν ἐπεχείρει.
[12] It may well be, men of the jury, that Spudias will make no statement to meet these facts; for he will not be able to do so, clever though he is; but will accuse Polyeuctus and his wife, and will declare that they did all these things under my influence and as favors to me, and that he is being greatly injured in many other respects, and has brought action against me; for this is what he undertook to say before the arbitrator also.
[13] ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, πρῶτον μὲν οὐχ ἡγοῦμαι δικαίαν εἶναι τὴν ἀπολογίαν τὴν τοιαύτην, οὐδὲ προσήκειν, ὅταν τις φανερῶς ἐξελέγχηται, μεταστρέψαντα τὰς αἰτίας ἐγκαλεῖν καὶ διαβάλλειν: ἀλλ᾽ ἐκείνων μέν, εἴπερ ἀδικεῖται, δῆλον ὅτι δίκην λήψεται, τούτων δὲ δώσει: πῶς γὰρ ἂν ἐγὼ νῦν ταῖς τούτων διαβολαῖς ἀντιδικοίην, ἀφεὶς ὑπὲρ ὧν ὑμεῖς μέλλετε τὴν ψῆφον οἴσειν;
[13] But for my part, men of the jury, in the first place I do not think that a defence of that sort is legitimate, or that it is proper, when one is manifestly shown to be in the wrong, for him to shift the charges and have recourse to accusation and calumny; nay, for his counter-charges, if he is suffering any wrong, he will plainly receive satisfaction, but for the claims made on him, he will give it. For how could I now defend myself against the slanders of these men, if I passed over the matters upon which you are to give your verdict?
[14] ἔπειτα θαυμάζω τί δήποτε, εἴπερ ἀληθῆ καὶ δίκαι᾽ εἶχεν ἐγκαλεῖν, βουλομένων ἡμᾶς τῶν φίλων διαλύειν καὶ πολλῶν λόγων γενομένων οὐχ οἷος ἦν ἐμμένειν οἷς ἐκεῖνοι γνοῖεν. καίτοι τίνες ἂν ἄμεινον καὶ τῶν τούτου καὶ τῶν ἐμῶν ἐγκλημάτων τὰ μηδὲν ὄντ᾽ ἐξήλεγξαν τῶν παραγεγενημένων ἅπασι τούτοις, τῶν εἰδότων οὐδὲν ἧττον ἡμῶν τὰ γενόμενα, τῶν κοινῶν ἀμφοτέροις καὶ φίλων ὄντων;
[14] In the next place I wonder, if he had true and just demands to make, why it was that, when our friends wished to settle our differences, and many conferences were held, he could not abide by their decision. And yet who could better have exposed the baselessness of claims advanced by him or by me than those who were present at all these transactions, who knew the facts as well as we did ourselves, and who were impartial friends of us both?
[15] ἀλλὰ δῆλον ὅτι τούτῳ ταῦτ᾽ οὐκ ἐλυσιτέλει, φανερῶς ὑπ᾽ αὐτῶν ἐξελεγχομένῳ τοῦτον τὸν τρόπον λαβεῖν διάλυσιν: μὴ γὰρ οἴεσθ᾽, ὦ ἄνδρες δικασταί, τοὺς εἰδότας ἅπαντα ταῦτα νυνὶ μὲν ὑποκινδύνους αὑτοὺς καθιστάντας ἐμοὶ μαρτυρεῖν, τότε δ᾽ ἂν ὀμόσαντας ἄλλο τι γνῶναι περὶ αὐτῶν. οὐ μὴν ἀλλ᾽ εἰ καὶ μηδὲν τούτων ὑπῆρχεν ὑμῖν, οὐδ᾽ ὣς χαλεπόν ἐστιν γνῶναι περὶ αὐτῶν, ὁπότεροι τἀληθῆ λέγουσιν.
[15] But this was
plainly not to the interest of my opponent — that he should be openly convicted by our friends and find a settlement in this way. For do not imagine, men of the jury, that men who know all these facts, and who now at their own risk are giving testimony in my favor, would then, when they had been put under oath, have formed a different conclusion about them. However, though you had none of these facts to aid you, even so it is not difficult to form an opinion as to which of the two parties is speaking the truth.
[16] περὶ μὲν γὰρ τῆς οἰκίας, εἰ φησὶν ὑπ᾽ ἐμοῦ πεισθέντα Πολύευκτον προστάξαι τοὺς ὅρους στῆσαι τῶν χιλιῶν, ἀλλ᾽ οὐ δήπου καὶ τοὺς μάρτυρας ἔπεισα, ὦ Σπουδία, ψευδῆ μοι μαρτυρεῖν, τοὺς παραγενομένους ὅτ᾽ ἠγγύα μοι, τοὺς εἰδότας ἔλαττόν με κομισάμενον, τοὺς ἀκούοντας ὁμολογοῦντος ὀφείλειν ἐμοὶ συστήσαντος ἀποδοῦναι, τοὺς τὸ τελευταῖον ταῖς διαθήκαις παραγενομένους: τούτοις γὰρ ἅπασιν οὐκέτι καταχαρίσασθαι ταῦθ᾽ ὑπῆρχεν, ἀλλὰ κινδυνεύειν τῶν ψευδομαρτυρίων, εἰ μηδὲν τῶν γενομένων μαρτυροῖεν. ἀφῶμεν τοίνυν τοῦτ᾽ ἤδη.