by Demosthenes
[16] For regarding the house, if he maintains that Polyeuctus was induced by me to order that mortgage-pillars be set up for the thousand drachmae, yet surely, Spudias, I did not use my influence to induce the witnesses to give false testimony in my interest, — witnesses who were present when he betrothed to me his daughter, who knew that I received less than the entire marriage portion, who heard him when he acknowledged that he was in my debt and also when he had introduced Leocrates as the one who should make payment, and who finally were present when the will was made. For with all these persons it was no longer a question of favoring me in these matters, but of risking a charge of giving false testimony, if they deposed to what was not the truth. Let us, then, have no more of that matter; but what will you say to this, Spudias?
[17] πρὸς ἐκεῖνο δὲ τί ἂν λέγοις; ἀκριβῶς γὰρ ὅπως τούτους διδάξεις: εἰ δὲ μή, πάντες ὑμεῖς ἀπαιτεῖτ᾽ αὐτόν. ὅτε γὰρ Πολύευκτος διετίθετο ταῦτα, παρῆν μὲν ἡ τούτου γυνή, καὶ δῆλον ὅτι τὰς τοῦ πατρὸς διαθήκας ἀνήγγειλεν, ἄλλως τ᾽ εἰ καὶ μηδὲν ἴσον εἶχεν ἀλλ᾽ ἐν ἅπασιν ἠλαττοῦτο, παρεκλήθη δ᾽ αὐτὸς οὗτος, ὥστε μηδὲ τοῦτ᾽ εἶναι λέγειν, ὡς λάθρᾳ καὶ διακρυψάμενοι τούτους ἐπράττομεν ταῦτα: παρακαλούμενος γὰρ ἔφησεν αὐτὸς μὲν ἀσχολίαν ἄγειν, τὴν δὲ γυναῖκ᾽ ἐξαρκεῖν τὴν αὑτοῦ παροῦσαν.
[17] And see that you give these gentlemen a precise answer. If he does not, do you all demand it of him. For, when Polyeuctus gave these directions in his will, the defendant’s wife was present, and you may be sure that she reported to him the will of her father, especially if he did not receive an equal share, but was at a disadvantage in all respects; and the defendant himself was invited to be present, so that it is not open to him to say that we managed this in secret and kept them in the dark. For although he was invited to be present, he said that he was busy himself, but that it would be enough if his wife were there. What more would you have?
[18] τί ἔτι λοιπόν; ἀπαγγείλαντος Ἀριστογένους αὐτῷ περὶ ἁπάντων τούτων ἀκριβῶς, οὐδ᾽ ἐνταῦθ᾽ οὐδένα φαίνεται λόγον ποιησάμενος, ἀλλ᾽ ἐπιβιόντος μετὰ ταῦτα τοῦ Πολυεύκτου πλέον ἢ πένθ᾽ ἡμέρας, οὔτ᾽ ἠγανάκτησεν εἰσελθὼν οὔτ᾽ ἀντεῖπεν οὐδέν, οὐδ᾽ ἡ γυνή, παροῦσ᾽ ἐξ ἀρχῆς ἅπασιν τούτοις. ὥστ᾽ οὐκέτι Πολύευκτος αὐτὰ πεισθεὶς ἐμοὶ κατεχαρίζετο, ὡς ἔοικεν, ἀλλ᾽ ὑμεῖς αὐτοί. ταῦτα τοίνυν, ὦ ἄνδρες δικασταί, μεμνημένοι σαφῶς, ἐὰν ἄρα τι περὶ αὐτῶν ἐγχειρῇ νυνὶ διαβάλλειν, ἀντίθετε. πρῶτον δ᾽ ἵν᾽ εἰδῆτ᾽ ἀκριβῶς ὅτι τοῦτον τὸν τρόπον ἔχει, τῶν μαρτύρων ἀκούσατε. λέγε.”Μάρτυρες”
[18] When Aristogenes gave him an exact account of all these matters, even then he made no comment, and though Polyeuctus lived on more than five days after this, he neither showed any vexation on going to the house, nor made any protest, nor did his wife, who was present from the first on all these occasions. It would appear, then, that Polyeuctus was not induced by me to favor me in these matters; the act was your own. Keep these facts, then, clearly in your minds, men of the jury, and if he now tries to make any slanderous statements about the matter, confront him with them.
But first, that you may be fully assured that matters are as I have stated, hear the witnesses. Read.” Witnesses”
[19] οὐκοῦν, ὦ ἄνδρες δικασταί, τῶν μὲν χιλίων δραχμῶν ὡς δικαίως καὶ προσοφειλομένων ἀπετίμησέ μοι τὴν οἰκίαν ὁ Πολύευκτος, αὐτὸς οὗτός μοι μαρτυρεῖ καὶ ἡ τούτου γυνὴ πρὸς τοῖς ἄλλοις τούτοις τοῖς μεμαρτυρηκόσι, συγχωροῦντες τότε καὶ οὔτε πρὸς τὸν Πολύευκτον ἀντειπόντες ἐπιβιόντα τοσαύτας ἡμέρας, οὔτε πρὸς τὸν Ἀριστογένη, ἐπεὶ τάχιστ᾽ ἤκουσαν. ἀλλὰ μὴν εἴ γε δικαίως ἀπετιμήθη, μεμνημένοις τοῦ νόμου κατὰ μὲν τοῦθ᾽ ὑμῖν οὐκ ἔστιν ἀποψηφίσασθαι Σπουδίου.
[19] Well then, men of the jury, in the matter of the one thousand drachmae, to prove that Polyeuctus mortgaged the house to me honestly, and for an existing debt, I have the testimony of my opponent himself and his wife in addition to these other witnesses whose depositions have been put in; for they concurred at the time, and made no objection either to Polyeuctus who lived so many days after, or to Aristogenes, when they first heard of the will. But assuredly, if the house was honestly mortgaged, it is impossible for you, if you bear the law in mind, to acquit Spudias as to this part of the case.
[20] σκέψασθε δὲ καὶ περὶ τῶν εἴκοσι μνῶν, ἃς οὐκ ἐπαναφέρει: καὶ γὰρ ἐνταυθοῖ πάλιν αὐτὸς οὗτός μοι μέγιστος ἔσται μάρτυς, οὐ λόγῳ μὰ Δί᾽ ὥσπερ νῦν ἀντιδικῶν （τουτὶ μὲν γὰρ οὐδὲν τεκμήριόν ἐστιν）, ἀλλ᾽ ἔργῳ περιφανεῖ. τί ποιῶν, ὦ ἄνδρες δικασταί; τούτῳ γὰρ ἤδη προσέχετε τὸν νοῦν, ἵν᾽ ἐὰν ἄρα τολμᾷ τι καὶ περὶ τῆς μητρὸς τῶν γυναικῶν βλασφημεῖν ἢ περὶ τῶν γραμμάτων, εἰδότας ὑμᾶς μὴ δύνηται λέγων ἐξαπατᾶν.
[20] Now consider also the matter of the twenty minae, which he does not bring into the account; for in this again the defendant himself will be my strongest witness — not by words, heaven knows, such as he utters now in opposing my suit — words are a criterion of no worth — but by manifest act. By doing what, men of the jury? To this I bid you now to give close heed, in order that, if he really dares to utter any slanders about the mother of our wives or about the documents, your knowledge of the facts may make it impossible for him to deceive you by his talk.
[21] ταυτὶ γὰρ τὰ γράμματα κατέλιπεν μὲν ἡ Πολυεύκτου γυνή, καθάπερ εἶπον ὀλίγῳ πρότερον: ὁμολογουμένων δὲ τῶν σημείων καὶ παρὰ τῆς τούτου γυναικὸς καὶ παρὰ τῆς ἐμῆς, ἀμφότεροι παρόντες ἀνοίξαντες ἀντίγραφά τ᾽ ἐλάβομεν, κἀκεῖνα πάλιν κατασημηνάμενοι παρ᾽ Ἀριστογένει κατεθέμεθα.
[21] These papers were left by the wife of Polyeuctus, as I just now said. The seals being acknowledged both by the defendant’s wife and by mine, we both, being present, broke them and took copies, and then sealed up the papers again, and deposited them in the hands of Aristogenes.
[22] τοῦτο δή, τοῦτ᾽, ὦ ἄνδρες δικασταί, μάθετε πρὸς θεῶν. ἐνῆσαν μὲν γὰρ αἱ δύο μναῖ, ἡ τιμὴ τοῦ οἰκέτου, καὶ οὐ μόνον ὁ Πολύευκτος ἀποθνῄσκων ταύτας ἐνεκεκλήκει, ἐνῆσαν δ᾽ αἱ χίλιαι καὶ ὀκτακόσιαι δραχμαί. ταῦτα δ᾽ ἀναγνούς, εἰ μὲν αὐτῷ μηδὲν προσῆκεν μηδ᾽ ἀληθῆ τὰ γεγραμμέν᾽ ἦν, τί δή ποτ᾽ οὐκ εὐθὺς ἠγανάκτει περὶ αὐτῶν; τί δὲ συνεσημαίνετο πάλιν τὰ μηδὲν ὑγιὲς ὄντα μηδ᾽ ἀληθῆ γράμματα;
τουτὶ γὰρ οὐδ᾽ ἂν εἷς δήπου μὴ πᾶσιν ὁμολογῶν τοῖς γεγραμμένοις ποιήσειεν.
[22] Now, note this, men of the jury, note this, I beg of you. There was in the papers mention of the two minae, the price of the slave — and it was not only Polyeuctus on his death-bed who had made this claim — and there was mention of the eighteen hundred drachmae. When he read this, if what was written did not concern him at all and was untrue, why pray did he not at once protest about it? Why did he join in sealing again papers which were false and of no worth? This of course no one in the world would do, if he did not concur in all that was written.
[23] ἀλλὰ μήν, ὦ ἄνδρες δικασταί, τοῦτό γε δεινὸν δήπου, εἰ πρὸς τὰ συγκεχωρημέν᾽ ὑπ᾽ αὐτῶν τούτων ἐξέσται νῦν ἀντιλέγειν, καὶ μηδὲν σημεῖον ὑμῖν ἔσται, διότι πάντες ἄνθρωποι πρὸς τὰ μήτ᾽ ἀληθῆ μήτε δίκαια τῶν ἐγκλημάτων οὐ κατασιωπᾶν, ἀλλὰ παραχρῆμ᾽ ἀμφισβητεῖν εἰώθαμεν, μὴ ποιήσαντες δὲ ταῦτα, ἂν ὕστερον ἀντιδικῶσιν, πονηροὶ καὶ συκοφάνται δοκοῦσιν εἶναι.
[23] But surely, men of the jury, this is an outrageous thing if these men are to be permitted now to dispute matters to which they have themselves given assent, and you are to find no basis for judgement in the fact that all of us are wont, when charges are made against us that are unjust and untrue, not to keep silent, but to dispute them on the spot, and that those who do not do this, if they contest them subsequently, are accounted rascals and tricksters.
[24] ταῦτα μὲν τοίνυν Σπουδίας οὐδὲν ἧττον ἐμοῦ γιγνώσκων, ἀλλ᾽ οἶμαι μὲν καὶ ἀκριβέστερον, ὅσῳ καὶ πυκνότερον ἐνταυθοῖ παρέρχεται, πᾶσιν ἐναντία τοῖς πεπραγμένοις αὑτῷ λέγων οὐκ αἰσχύνεται. καίτοι πολλάκις ὑμεῖς ἓν μόνον σκευώρημα συνιδόντες, τούτῳ κατὰ τῶν ἄλλων τῶν ἐγκαλουμένων ἐχρήσασθε τεκμηρίῳ: τούτῳ δ᾽ ἅπανθ᾽ ὑφ᾽ αὑτοῦ συμβέβηκεν ἐξελέγχεσθαι. καί μοι λαβὲ τὴν μαρτυρίαν ὡς ὡμολογεῖτο τότε τὰ σημεῖα τῶν γραμμάτων ὑπὸ τῆς τούτου γυναικός, καὶ νῦν ὑπὸ Σπουδίου κατασημανθέντα κεῖται.”Μαρτυρία”
[24] Now Spudias knows this as well as I, and I think even better, inasmuch as he comes oftener before your court, yet he feels no shame in saying things that contradict all that he has himself done. And yet full often when you become conscious of one single piece of fraud, you treat it as evidence against the other charges; but the defendant is found to have been convicted by himself of falsehood on every point.
Take, please, the deposition, proving that the seals of the papers were acknowledged at the time by the wife of the defendant, and that the papers are now deposited, sealed by Spudias.” Deposition”
[25] τούτων τοίνυν οὕτως σαφῶς ἀποδεδειγμένων, ἡγοῦμαι μὲν οὐδὲν ἔτι δεῖν πλείω λέγειν: ὁπότε γὰρ καὶ νόμους ἔχω παρέχεσθαι καὶ μάρτυρας ἁπάντων τῶν εἰρημένων, καὶ τὸν ἀντίδικον αὐτὸν ὁμολογοῦντά μοι, τί δεῖ μακρῶν ἔτι λόγων; ὅμως δ᾽ ἂν ἄρα περὶ τῆς προικὸς ἀγανακτῇ καὶ φάσκῃ πλεονεκτεῖσθαι ταῖς χιλίαις δραχμαῖς, ψεύσεται: οὐδὲν γὰρ ἔχων ἔλαττον ἀμφισβητεῖ πρὸς αὐτάς, ἀλλὰ πλέον, ὡς αὐτίχ᾽ ὑμῖν ἔσται φανερόν.
[25] Since, then, these facts have been so convincingly established, there is no further need, I think, of more words. For when I am able to produce both laws and witnesses in support of everything that I have said, and also admissions made in my favor by my opponent himself, what further need can there be for a long argument? However, if Spudias perchance waxes indignant about the marriage portion and maintains that he is being defrauded to the amount of one thousand drachmae, he will be lying. For, while he disputes my claim to this sum, he has received not less, but more, as will presently be made clear to you.
[26] οὐ μὴν ἀλλ᾽ εἰ πάντα ταῦθ᾽ ὡς ἀληθῶς συνέβη, οὐ δήπου δίκαιον ἐμὲ τὴν ὁμολογηθεῖσαν προῖκα μὴ λαβεῖν, εἴπερ ὄφελός τι τῶν νόμων ἐστίν, οὐδέ γε τὸν Πολύευκτον, εἰ τῶν θυγατέρων ἐβούλετο τῇ μὲν ἐλάττω, τῇ δὲ πλείω προῖκ᾽ ἐπιδοῦναι, διακωλυθῆναι νῦν: σοὶ γὰρ αὐτῷ μὴ λαμβάνειν ἐξῆν, ὦ Σπουδία, μὴ προστιθεμένων ὥσπερ ἐμοὶ τῶν χιλιῶν. ἀλλ᾽ οὐδὲν ἔλαττον εἶχες, ὡς ἐγὼ διδάξω. πρῶτον δ᾽ ἐφ᾽ οἷς ἐξέδοτο τούτῳ, λαβέ μοι τὴν μαρτυρίαν.”Μαρτυρία”
[26] Nay more, even if all these statements of his were indeed true, it is not just, I take it, if the laws are good for anything, that I should lose the marriage portion which was promised me, or that Polyeuctus, if he chose to give a smaller portion to one daughter and a larger to the other, should now be thwarted. For it was open to you, Spudias, not to marry his daughter, unless the thousand drachmae were given to you as well as to me. However you received no less than I, as I shall show.
But, first, take the deposition which shows on what terms the lady was given to him.” Deposition”
[27] πῶς οὖν οὐδὲν ἔλαττον ἔχει, φήσει τις, εἰ τούτῳ μὲν ἐν ταῖς τετταράκοντα μναῖς ἐνετιμᾶτο τὰ χρυσία καὶ τὰ ἱμάτια τῶν χιλιῶν, ἐμοὶ δ᾽ αἱ δέκα μναῖ χωρὶς προσαπεδίδοντο; τοῦτο δὴ καὶ μέλλω λέγειν. ὁ μὲν γὰρ Σπουδίας, ὦ ἄνδρες δικασταί, παρὰ τοῦ Λεωκράτους ἔχουσαν τὰ χρυσία καὶ τὰ ἱμάτια τὴν γυναῖκ᾽ ἔλαβεν, ὧν ὁ Πολύευκτος προσαπέτεισεν τῷ Λεωκράτει πλεῖν ἢ χιλίας: ἐγὼ δ᾽, ἅπερ ἔπεμψέ μοι χωρὶς τῆς προικός, ὅσ᾽ ἔχω μόνον, πρὸς τὰ τούτῳ δοθέντ᾽ ἐὰν ἀντιθῇ τις, εὑρήσει παραπλήσια, χωρὶς τῶν εἰς τὰς χιλίας ἀποτιμηθέντων.
[27] But how can it be that he has received as much as I, one may ask, if in his case the jewelry and the apparel, to the value of a thousand drachmae, were reckoned in the forty minae, while to me the ten minae were paid separately and in addition? This is precisely what I am going to explain. For Spudias, men of the jury, received his wife from Leocrates with the jewelry and apparel on which Polyeuctus set a value to Leocrates of more than a thousand drachmae, while in my case, if you set what was sent to me over and above the marriage portion — all that I have in my possession — over against what was given to Spudias, you will find them practically equal over and above what was reckoned in the thousand drachmae;
[28] ὥστ᾽ εἰκότως ἐν ταῖς τετταράκοντα μναῖς ἐνετιμᾶτο ταῦτα, ἅπερ ἀπετετείκει τῷ Λεωκράτει καὶ πλείω τῶν ἐμοὶ δοθέντων ἦν. καί μοι λαβὲ πρῶτον μὲν τὴν ἀπογραφὴν ταύτην καὶ λέγ᾽ αὐτοῖς ἅπερ ἑκάτερος ἡμῶν ἔχει, μετὰ δὲ ταῦτα τὴν τῶν διαιτητῶν μαρτυρίαν, ἵν᾽ ἴδωσιν ὅτι καὶ πολλῷ πλείω χρήματ᾽ ἔχει, καὶ περὶ τού
των ὁ Λεωκράτης ἐνεκάλει, καὶ κατὰ ταῦτ᾽ ἔγνωσαν οἱ διαιτηταί. λέγε.”Ἀπογραφή”“Μαρτυρία”
[28] so that it was only fair that these articles should be included in the forty minae, seeing that Polyeuctus had charged them against Leocrates, and they were more than had been given me.
Now please take this inventory and read to the jurymen what each of us has in his possession; after that, read the deposition of the arbitrators, that they may see that Spudias has received even far more than I, and that Leocrates made complaint regarding this, and that the arbitrators rendered this decision.” Inventory ““ Deposition”
[29] ἆρ᾽ οὖν οὐ φανερῶς οὗτος μὲν ἔχει τετταράκοντα μνᾶς πάλαι τὴν προῖκα, ἐγὼ δὲ τὰς μὲν τριάκοντα καθάπερ οὗτος, τὰς δὲ χιλίας οὐ μόνον ὕστερον οὐκ ἐκομισάμην, ἀλλὰ καὶ νυνὶ κινδυνεύω περὶ αὐτῶν ὡς ἀδίκως ἔχων; διὰ ταῦτα μέντοι Σπουδίας, ὦ ἄνδρες δικασταί, τοῖς φίλοις οὐκ ἐβούλετ᾽ ἐπιτρέψας ἀπαλλαγῆναι τῶν πρὸς ἔμ᾽ ἐγκλημάτων, ὅτι συνέβαινεν αὐτῷ πάντα ταῦτ᾽ ἐξελέγχεσθαι: πᾶσιν γὰρ τούτοις παραγεγενημένοι καὶ σαφῶς εἰδότες οὐκ ἐπέτρεπον αὐτῷ λέγειν ὅ τι τύχοι: παρ᾽ ὑμῖν δ᾽ οἴεται ψευδόμενος ἐμοῦ τἀληθῆ λέγοντος περιγενήσεσθαι.