Delphi Complete Works of Demosthenes

by Demosthenes

  [29] Is it not plain, then, that the defendant has long had in his possession forty minae as his wife’s marriage portion, whereas I received the thirty minae, just as he did, but not only did not receive the thousand drachmae, but am now actually in jeopardy regarding them, charged with possessing them wrongfully. It was for this reason, men of the jury, that Spudias would not leave to our friends the settlement of his claims against me, since the result would have been that all these falsehoods of his would have been exposed, for they had been present at all these transactions and knew all about them, and would therefore not have permitted him to say whatever he pleased; whereas in your court he thinks that by his falsehoods he will get the better of me and my statement of the truth.

  [30] καίτοι περὶ ὧν ἐγκαλῶ, πάνθ᾽ ὑμῖν ἀπέδειξα σαφῶς, ὡς οἷός τ᾽ ἦν αὐτός. τοὺς δ᾽ εἰδότας οὗτος ἔφευγεν, οὐχ ἡγούμενος εἶναι παραλογίσασθαι. μὴ τοίνυν, ὦ ἄνδρες δικασταί, μηδ᾽ ὑμεῖς ἐπιτρέπετ᾽ αὐτῷ ψεύδεσθαι καὶ διαβάλλειν, μεμνημένοι τῶν εἰρημένων: ἴστε γὰρ πάνθ᾽ ὡς ἐγένετο, πλὴν εἴ τι παρέλιπον ἐγὼ πρὸς ὀλίγον ὕδωρ ἀναγκαζόμενος λέγειν.

  [30] And yet I have set forth to you clearly all my charges, as well as I could do it myself, while my opponent evaded coming before those acquainted with the facts thinking that he would be unable to lead them astray. Do not you, then, men of the jury, do not you any more than they suffer him to have recourse to lies and calumnies, but bear in mind what you have heard; for you know all the facts of the case, unless perhaps I have omitted something, since I have been forced to speak with but scant water in the water-clock.

  πρὸς Φαίνιππον περὶ Ἀντιδόσεως — AGAINST PHAENIPPUS

  [1] πολλὰ κἀγαθὰ γένοιτο, ὦ ἄνδρες δικασταί, πρῶτον μὲν ὑμῖν ἅπασιν, ἔπειτα δὲ καὶ Σόλωνι τῷ νομοθετήσαντι τὸν περὶ τῶν ἀντιδόσεων νόμον. εἰ μὴ γὰρ οὗτος ἡμῖν σαφῶς διώρισεν, τί πρῶτον δεῖ ποιεῖν τοὺς ἀντιδεδωκότας καὶ τί δεύτερον καὶ τἄλλα δ᾽ ἐφεξῆς, οὐκ οἶδ᾽ ὅποι προῆλθεν ἂν ἡ τουτουὶ Φαινίππου τόλμα, ὅπου γε καὶ νῦν ἅπαντα ταῦτα προλέγοντος ἡμῖν τοῦ νόμου, ὅμως οὐδὲν φροντίσας τῶν ἐν αὐτῷ γεγραμμένων δικαίων, ἀντὶ μὲν τοῦ τριῶν ἡμερῶν ἀφ᾽ ἧς ὤμοσε τὴν ἀπόφασιν δοῦναί μοι τῆς οὐσίας τῆς αὑτοῦ κατὰ τὸν νόμον, ἢ εἰ μὴ τότ᾽ ἐβούλετο, τῇ γ᾽ ἕκτῃ φθίνοντος δοῦναι τοῦ βοηδρομιῶνος μηνός, ἣν δεηθείς μου ἔθετο καὶ ἐν ᾗ ὡμολόγησε δώσειν τὴν ἀπόφασιν,

  [1] I invoke many blessings, men of the jury, first upon all of you, and then also upon Solon, who established the law about the exchange of estates. For if he had not clearly defined for us what is the first thing to be done by those who have offered an exchange, and what the second, and so on in due order, I do not know to what lengths the audacity of this man Phaenippus would have gone, when even as it is, notwithstanding that the law prescribes all these things for us, he has nevertheless disregarded its just provisions, and instead of giving me the inventory of his property as the law prescribes within three days after he took the oath, or if he did not wish to do so then, giving it at least on the sixth day of the month Boedromion, which date was fixed upon at his request, and on which he promised to deliver the inventory, he did neither the one thing nor the other,

  [2] οὐδέτερα τούτων ἐποίησεν, ἀλλὰ καταφρονήσας ἀμφοτέρων, καὶ ἡμῶν καὶ τοῦ νόμου, δευτέρῳ μηνὶ ἔδωκεν, δυοῖν ἢ τρισὶν ἡμέραις πρότερον τῆς εἰς τὸ δικαστήριον εἰσόδου, τὸν δ᾽ ἄλλον ἅπαντ᾽ ἐκποδὼν ἦν χρόνον: ἀντὶ δὲ τοῦ τὰ σημεῖα ἐᾶν τῶν οἰκημάτων ἃ παρεσημηνάμην, ἐλθὼν εἰς ἀγρὸν ἀνέῳξε καὶ τὰς κριθὰς ἐξεφόρησεν καὶ τἄλλα, ὥσπερ ἐξουσίαν δεδωκότος αὐτῷ τοῦ νόμου ποιεῖν ὅ τι ἂν βούληται καὶ μὴ ὡς δίκαιόν ἐστιν.

  [2] but, showing contempt both for me and for the law, he has delivered his inventory a month later, only two or three days before the case was brought into court, and all the rest of the time has kept himself out of sight; and instead of leaving untouched the seals which I had put upon the buildings, he went into the country, opened the buildings, and carried off the barley and other things, just as if the law had granted him the privilege of doing whatever he pleases, and not what is right.

  [3] ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, ἥδιστα μὲν ἂν ἐμαυτὸν εἶδον εὐτυχοῦντα ὥσπερ πρότερον τῇ οὐσίᾳ καὶ μένοντα ἐν τοῖς τριακοσίοις: ἐπειδὴ δὲ τὰ μὲν τῆς κοινῆς ἀτυχίας μετασχὼν τοῖς ἄλλοις τοῖς ἐργαζομένοις ἐν τοῖς ἔργοις, τὰ δ᾽ ἰδίᾳ μεγάλαις περιπεπτωκὼς ζημίαις ἀπολώλεκα τὴν οὐσίαν, καὶ τὸ τελευταῖον νυνί με δεῖ τῇ πόλει τρία τάλαντα καταθεῖναι, τάλαντον κατὰ τὴν μερίδα （μετέσχον γάρ, ὡς μή ποτ᾽ ὤφελον, κἀγὼ τοῦ δημευθέντος μετάλλου）, ἀναγκαῖόν ἐστιν εἰς τὴν ἐμὴν τάξιν πειρᾶσθαι καθιστάναι τὸν οὐ μόνον ἐμοῦ νῦν ὄντα πλουσιώτερον, ἀλλὰ καὶ πρότερον, καὶ οὐδεπώποτ᾽ οὐδὲν λελῃτουργηκότα ὑμῖν οὐδ᾽ εἰσενηνοχότα τῇ πόλει.

  [3] For my part, men of the jury, I should be most happy to see myself enjoying the material prosperity which was mine before, and remaining in the group of the Three Hundred, but since, partly through having to share in the misfortunes common to all those who are engaged in mining works, and partly through having met heavy reverses in my private business, I have lost my estate, and now at the last must pay three talents to the state, a talent for each share （for I too was a partner, as I wish I had not been, in the confiscated mine）, I am compelled to try to substitute in my place a man who is not only richer than I am now, but was richer even before my losses, and who has never borne any state services, nor made any contribution to the state.

  [4] δέομαι οὖν ὑμῶν ἁπάντων, ὦ ἄνδρες δικασταί, ἐὰν ἐπιδεικνύω Φαίνιππον τουτονὶ καὶ παραβεβηκότα τὰ ἐν τοῖς νόμοις δίκαια καὶ πλουσιώτερον ὄντα ἐμαυτοῦ, βοηθῆσαί μοι καὶ τοῦτον εἰς τοὺς τριακοσίους ἀντ᾽ ἐμοῦ καταστῆσαι: διὰ τοῦτο γὰρ οἱ νόμοι καθ᾽ ἕκαστον ἔτος ποιοῦσιν τὰς ἀντιδόσεις, ὅτι τὸ διευτυχεῖν συνεχῶς τῇ οὐσίᾳ οὐ πολλοῖς τῶν πολιτῶν διαμένειν εἴθισται. ἐξ ἀρχῆς δ᾽ ὑμῖν τὰ γενόμενα περὶ τὴν ἀντίδοσιν διηγήσομαι.

  [4] I therefore beg of you all, men of the jury, that, if I prove that Phaenippus here has both transgressed the just provisions of the law and is a richer man than myself, you will succor me, and appoint him in the list of the Three Hundred in my stead; for it is on this account that the laws every year provide for the tendering of exchanges, because to enjoy unbroken prosperity is not wont to be the permane
nt fortune of any large number of our citizens. But I will tell you all that has been done regarding the exchange from the very beginning.

  [5] τοῦ γὰρ μεταγειτνιῶνος, ὦ ἄνδρες δικασταί, τῇ δευτέρᾳ ἱσταμένου ἐποίουν οἱ στρατηγοὶ τοῖς τριακοσίοις τὰς ἀντιδόσεις. ἐν ταύταις ἐκάλεσα κατὰ τὸν νόμον Φαίνιππον τουτονί. καλέσας δὲ καὶ παραλαβὼν τῶν οἰκείων τινὰς καὶ φίλων, ἐπορευόμην Κύθηρόνδε εἰς τὴν ἐσχατιὰν αὐτοῦ. καὶ πρῶτον μὲν περιαγαγὼν τὴν ἐσχατιὰν πλέον ἢ σταδίων οὖσαν τετταράκοντα κύκλῳ, ἔδειξα καὶ διεμαρτυράμην ἐναντίον Φαινίππου, ὅτι οὐδεὶς ὅρος ἔπεστιν ἐπὶ τῇ ἐσχατιᾷ: εἰ δέ φησιν, εἰπεῖν ἐκέλευον αὐτὸν ἤδη καὶ δεῖξαι, ὅπως μὴ ὕστερον ἐνταῦθα χρέως γενόμενον ἐπὶ τῷ χωρίῳ ἀναφανήσεται.

  [5] On the second day of the month Metageitnion, men of the jury, the generals appointed a court for the Three Hundred for the tendering of exchanges. Among these I cited this man Phaenippus as the law provides. After citing him, I took some of my friends and relatives, and proceeded to his outlying farm at Cytherus. And first I led them around the farm, the circuit of which was more than forty stades, and pointed out to them, and called them to witness in the presence of Phaenippus, that there were no mortgage-pillars on the farm, and I bade Phaenippus, if he said there were, to declare it at once and point them out to me, for fear some debt existing against the property might be brought to light later on.

  [6] ἔπειτα παρεσημηνάμην τὰ οἰκήματα, καὶ τοῦτον ἐκέλευον εἰς τἀμὰ βαδίζειν. μετὰ δὲ ταῦτα ἠρόμην ὅπου ὁ σῖτος εἴη ὁ ἀπηλοημένος: ἦσαν γὰρ νὴ τοὺς θεοὺς καὶ τὰς θεάς, ἄνδρες δικασταί, δύο ἅλως αὐτόθι, μικροῦ πλέθρου ἑκατέρα. ὁ δὲ ἀπεκρίνατό μοι, ὅτι ὁ μὲν πεπραμένος εἴη τοῦ σίτου, ὁ δ᾽ ἔνδον ἀποκείμενος.

  [6] Then I sealed the buildings, and bade Phaenippus to proceed to my property. After this I asked him where his threshed grain was, for by the gods and goddesses, men of the jury, there were two threshing-floors there, each one of nearly a plethron in extent. He answered me that some of the grain had been sold, and that some was stored within.

  [7] τέλος δέ, ἵνα μὴ μακρολογῶ, καταστήσας φυλάττειν ἔνδον τινάς, καὶ νὴ Δί᾽ ἀπειπὼν καὶ κωλύσας τοὺς ὀνηλάτας μὴ ἐξάγειν τὴν ὕλην ἐκ τῆς ἐσχατιᾶς （πρὸς γὰρ τῇ ἄλλῃ οὐσίᾳ τῇ Φαινίππου, ὦ ἄνδρες δικασταί, καὶ αὕτη πρόσοδος μεγάλη ἐστὶν αὐτῷ: ἓξ ὄνοι δι᾽ ἐνιαυτοῦ ὑλαγωγοῦσιν, καὶ λαμβάνει οὗτος πλέον ἢ δώδεκα δραχμὰς τῆς ἡμέρας） τούτοις ἀπειπών, ὥσπερ λέγω, τῆς ὕλης μὴ ἅπτεσθαι, καὶ ἐπαγγείλας ἐπὶ τὰ ἱερὰ Φαινίππῳ κατὰ τὸν νόμον ἀπαντᾶν, ᾠχόμην ἀπιὼν εἰς ἄστυ.

  [7] Finally, to make a long story short, I stationed men inside to keep watch, and by Zeus I gave strict orders to the ass-drivers and made them stop carrying off timber from the farm （for in addition to the rest of his property Phaenippus has also this very considerable source of revenue: six asses carry off wood the whole year through, and he receives more than twelve drachmae a day）. I forbade the ass-drivers, as I said, to touch the wood, and after giving notice to Phaenippus to attend the sacrifice, as the law commands, I went back to the city.

  [8] πρῶτον μὲν οὖν τῶν εἰρημένων τὰς μαρτυρίας ὑμῖν παρέξομαι, ἔπειτα καὶ περὶ τῶν ἄλλων ἀκούσεσθε πάσας τὰς ἀληθείας: τουτονὶ γάρ, ὦ ἄνδρες δικασταί, Φαίνιππον εὑρήσετ᾽ εὐθὺς ἀπὸ τῆς πρώτης ἡμέρας ἀρξάμενον τοῦ μηδὲν δίκαιον ποιεῖν. παρεσημηνάμην τὰ οἰκήματα, τοῦ νόμου μοι δεδωκότος: οὗτος ἀνέῳξεν. καὶ τὸ μὲν ἀφελεῖν τὸ σημεῖον ὁμολογεῖ, τὸ δ᾽ ἀνοῖξαι τὴν θύραν οὐχ ὁμολογεῖ, ὥσπερ ἄλλου τινὸς ἕνεκα τὰ σημεῖα ἀφαιροῦντας ἢ τοῦ τὰς θύρας ἀνοῖξαι.

  [8] First, now, I will produce for you the depositions substantiating what I have said, and then you shall hear the entire truth about the other aspects of the case. For you will find, men of the jury, that this fellow Phaenippus began from the very first day to act in utter disregard of right. I sealed the buildings, as the law permitted me; he opened them. And he acknowledges that he removed the seal, but does not acknowledge that he opened the door, as if men removed the seals for any other purpose than to open the doors.

  [9] ἔπειτ᾽ ἀπεῖπον τὴν ὕλην μὴ ἐξάγειν: ἐξῆγεν οὗτος ἁπάσας τὰς ἡμέρας, πλὴν ἐκείνης ἐν ᾗ ἐγὼ ἀπεῖπον. χρέως οὐδ᾽ ὁτιοῦν ὠφείλετ᾽ ἐπὶ τῇ ἐσχατιᾷ: νῦν οὗτος ἀποφαίνει πολλά. ἁπλῶς ποιεῖ ὅ τι ἂν βούληται, οὐχ ὅ τι οἱ νόμοι κελεύουσιν. λέγε τὰς μαρτυρίας, πρῶτον μὲν τὰς περὶ τοῦ μετάλλου, ἔπειτα καὶ τὰς ἄλλας.”Μαρτυρίαι”

  [9] Then I had forbidden that wood should be carried off; he carried it off every day except that on which I issued the order. There was no debt charged against the farm; he now reports a number of debts. In a word, he does just what he pleases, not what the laws bid him do.

  Read the depositions, first those concerning the mine, and then the others as well.” Depositions”

  [10] ἃ μὲν τοίνυν εὐθὺς τῇ πρώτῃ ἡμέρᾳ μετὰ τὰς ἀντιδόσεις ἤρξατό με Φαίνιππος ἀδικεῖν, ἀκηκόατε, ὦ ἄνδρες Ἀθηναῖοι, καὶ ἐμοῦ καὶ τῶν μαρτύρων. τὰ δὲ μετὰ ταῦτα γεγενημένα οὐκέτι εἰς ἐμὲ μόνον αὐτῷ ἡμάρτηται, ἀλλὰ καὶ εἰς τοὺς νόμους, ὑπὲρ ὧν ὑμῖν ἅπασι σπουδαστέον ἐστίν.

  [10] The wrongs, therefore, which Phaenippus began to do to me beginning with the very first day after the tendering of the exchanges, you have heard, men of Athens, both from myself and from the witnesses; but the things which he did after this have been offences, not against me only, but also against the laws, to the defence of which you are all bound to rally.

  [11] ὀμόσας γὰρ τῇ ἑνδεκάτῃ τοῦ βοηδρομιῶνος μηνὸς ἀποφανεῖν ὀρθῶς καὶ δικαίως τὴν οὐσίαν, καὶ τοῦ νόμου διαρρήδην λέγοντος τριῶν ἡμερῶν ἀφ᾽ ἧς ἂν ὀμόσῃ διδόναι τὴν ἀπόφασιν, ἐδεῖτό μου προσελθὼν πρόσθε τῶν δικαστηρίων μετὰ Πολυεύκτου τοῦ Κριωέως καὶ ἑτέρων τινῶν, πρῶτον μὲν περὶ διαλύσεως συνελθεῖν αὑτῷ: πάντα γάρ μοι τὰ δίκαια ποιήσειν: ἔπειτα τὴν ἀπόφασιν τῆς οὐσίας ἀναβαλέσθαι μὴ πολλὰς ἡμέρας: οὐ γὰρ ἀγνοεῖν μου τὰ πράγματα.

  [11] For although he had sworn on the eleventh of the month Boedromion to give me a true and just inventory of his property, and the law expressly declares that the inventory shall be given wit
hin three days after one takes the oath, he came up to me in front of the courtrooms with Polyeuctus of Crioa and some others, and begged me, first to have a conference with him regarding a settlement, assuring me that he would do everything that was right; and, secondly, to put off the declaration regarding the property for a few days only （for he said he understood my position）.

  [12] ἡγησάμενος δ᾽ ἐγὼ καὶ μετρίου καὶ ἀπράγμονος εἶναι πολίτου μὴ εὐθὺς ἐπὶ κεφαλὴν εἰς τὸ δικαστήριον βαδίζειν, ἐπείσθην （τί γὰρ δεῖ μακρολογεῖν;） τὴν μὲν σύνοδον τὴν περὶ τῶν διαλύσεων τῇ ὀγδόῃ φθίνοντος τοῦ βοηδρομιῶνος μηνὸς ὁμολογῆσαι ποιήσασθαι, τὴν δὲ ἀπόφασιν τῆς οὐσίας τῇ ἕκτῃ φθίνοντος. τυχὼν δὲ τούτων ἀμφοτέρων παρ᾽ ἐμοῦ Φαίνιππος οὐδ᾽ εἰς ἑτέραν τῶν ἡμερῶν ἀπήντησεν: ἀλλ᾽ ἀνθ᾽ ἑνὸς δύο νόμους ἥκει πρὸς ὑμᾶς παραβεβηκώς, ἕνα μὲν τὸν κελεύοντα τριῶν ἡμερῶν ἀφ᾽ ἧς ἂν ὀμόσῃ τὴν οὐσίαν ἀποφαίνειν, ἕτερον δὲ τὸν κελεύοντα κυρίας εἶναι τὰς πρὸς ἀλλήλους ὁμολογίας, ἃς ἂν ἐναντίον ποιήσωνται μαρτύρων.