by Demosthenes
[67] But that which is the most significant thing, and the thing best known to you, is this: the law of Solon does not allow an adopted son even to dispose by will of the property in the family into which he comes by adoption. And there is good reason for this, in my view; for a person who comes by legal adoption into possession of the property of another, ought not to deal with it as if it were his own private estate. No, he should act consistently with the laws, and do in each particular what the laws prescribe.
[68] ‘ὅσοι μὴ ἐπεποίηντο’ φησίν ‘ὅτε Σόλων εἰσῄει εἰς τὴν ἀρχήν, ἐξεῖναι αὐτοῖς διαθέσθαι ὅπως ἂν ἐθέλωσιν’, ὡς τοῖς γε ποιηθεῖσιν οὐκ ἐξὸν διαθέσθαι, ἀλλὰ ζῶντας ἐγκαταλιπόντας υἱὸν γνήσιον ἐπανιέναι, ἢ τελευτήσαντας ἀποδιδόναι τὴν κληρονομίαν τοῖς ἐξ ἀρχῆς οἰκείοις οὖσι τοῦ ποιησαμένου.
[68] “All those who had not been adopted,” says the lawgiver,” at the time when Solon entered upon office, may bequeath their property by will, as they see fit,” thus indicating that those who were adopted might not so dispose of theirs, but that they might return to their families in their lifetime, leaving a lawfully born son in their place; otherwise, in case of death, they must give back the property to those who from the first were relatives of the adoptive father.
κατὰ Στεφάνου Ψευδομαρτυριῶν Α — APOLLODORUS AGAINST STEPHANUS 1
[1] καταψευδομαρτυρηθείς, ὦ ἄνδρες Ἀθηναῖοι, καὶ παθὼν ὑπὸ Φορμίωνος ὑβριστικὰ καὶ δεινά, δίκην παρὰ τῶν αἰτίων ἥκω ληψόμενος παρ᾽ ὑμῖν. δέομαι δὲ πάντων ὑμῶν καὶ ἱκετεύω καὶ ἀντιβολῶ πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου （μέγα γὰρ τοῖς ἠτυχηκόσιν, ὥσπερ ἐγώ, δυνηθῆναι περὶ ὧν πεπόνθασιν εἰπεῖν καὶ εὐμενῶς ἐχόντων ὑμῶν ἀκροατῶν τυχεῖν）, εἶτ᾽ ἐὰν ἀδικεῖσθαι δοκῶ, βοηθῆσαί μοι τὰ δίκαια.
[1] Having been overwhelmed by false testimony, men of Athens, and having been outrageously and cruelly treated by Phormio, I have come to win in your court a verdict against those responsible for the wrong. I beg and beseech and implore you all, in the first place to give me a favorable hearing （for it is a great thing for those who have met with misfortune, as I have done, to be able to tell others of what they have suffered, and to find in you listeners who are kindly disposed）; and in the second place, if I shall seem to you to be the victim of wrongdoing, to render me the aid which is my due.
[2] ἐπιδείξω δ᾽ ὑμῖν τουτονὶ Στέφανον καὶ μεμαρτυρηκότα τὰ ψευδῆ, καὶ δι᾽ αἰσχροκερδίαν τοῦτο πεποιηκότα, καὶ κατήγορον αὐτὸν αὑτοῦ γιγνόμενον: τοσαύτη περιφάνεια τοῦ πράγματός ἐστιν. ἐξ ἀρχῆς δ᾽ ὡς ἂν οἷός τ᾽ ὦ διὰ βραχυτάτων εἰπεῖν πειράσομαι τὰ πεπραγμένα μοι πρὸς Φορμίωνα, ἐξ ὧν ἀκούσαντες τήν τ᾽ ἐκείνου πονηρίαν καὶ τούτους, ὅτι τὰ ψευδῆ μεμαρτυρήκασιν, γνώσεσθε.
[2] I shall prove to you that this man Stephanus has both given false testimony, and has done this from a base desire for gain, and that he is convicted out of his own lips; so transparent is the case from every point of view. And I shall endeavor to relate to you in the fewest possible words all that has taken place between Phormio and myself from the first; and after hearing this you will be convinced both of the villainy of Phormio and that these men have borne false testimony.
[3] ἐγὼ γάρ, ὦ ἄνδρες δικασταί, πολλῶν χρημάτων ὑπὸ τοῦ πατρὸς καταλειφθέντων μοι, καὶ ταῦτα Φορμίωνος ἔχοντος, καὶ ἔτι πρὸς τούτοις τὴν μητέρα γήμαντος τὴν ἐμὴν ἀποδημοῦντος ἐμοῦ δημοσίᾳ τριηραρχοῦντος ὑμῖν （ὃν τρόπον δέ, οὐκ ἴσως καλὸν υἱεῖ περὶ μητρὸς ἀκριβῶς εἰπεῖν）, ἐπειδὴ καταπλεύσας ᾐσθόμην καὶ τὰ πεπραγμέν᾽ εἶδον, πόλλ᾽
[3] As for myself, men of the jury, a large property was left me by my father, and this was in the possession of Phormio, who furthermore had married my mother while I was out of the country on public business, serving as your trierarch. （How he managed it, perhaps it is not proper for a son fully to explain about his mother.） When I returned and learned of this and saw what had been done, although I was greatly incensed and took it much to heart,
[4] ἀγανακτήσας καὶ χαλεπῶς ἐνεγκὼν δίκην μὲν οὐχ οἷός τ᾽ ἦν ἰδίαν λαχεῖν （οὐ γὰρ ἦσαν ἐν τῷ τότε καιρῷ δίκαι, ἀλλ᾽ ἀνεβάλλεσθ᾽ ὑμεῖς διὰ τὸν πόλεμον）, γραφὴν δ᾽ ὕβρεως γράφομαι πρὸς τοὺς θεσμοθέτας αὐτόν. χρόνου δὲ γιγνομένου, καὶ τῆς μὲν γραφῆς ἐκκρουομένης, δικῶν δ᾽ οὐκ οὐσῶν, γίγνονται παῖδες ἐκ τούτου τῇ μητρί. καὶ μετὰ ταῦτα （εἰρήσεται γὰρ ἅπασα πρὸς ὑμᾶς ἡ ἀλήθει᾽, ὦ ἄνδρες δικασταί） πολλοὶ μὲν καὶ φιλάνθρωποι λόγοι παρὰ τῆς μητρὸς ἐγίγνοντο καὶ δεήσεις ὑπὲρ Φορμίωνος τουτουί, πολλοὶ δὲ καὶ μέτριοι καὶ ταπεινοὶ παρ᾽ αὐτοῦ τούτου.
[4] I was unable to bring a private action （for there were no actions at that time, since you put off all such matters because of the war）, but I indicted him before the Thesmothetae on the charge of outrage. However, time passed and the indictment was evaded （seeing that actions were not being held）, and moreover children were born by my mother to Phormio, and after this （for the whole truth shall be told you, men of the jury）, many kindly overtures were made on the part of my mother, and pleas on behalf of this man Phormio, and many overtures on the part of Phormio himself that were both moderate and humble in their terms.
[5] ἵνα δ᾽, ὦ ἄνδρες Ἀθηναῖοι, συντέμω ταῦτα, ἐπειδὴ ποιεῖν τ᾽ οὐδὲν ᾤετο δεῖν ὧν τόθ᾽ ὡμολόγησεν, καὶ τὰ χρήματ᾽ ἀποστερεῖν ἐνεχείρησεν ἃ τῆς τραπέζης εἶχεν ἀφορμήν, δίκην ἠναγκάσθην αὐτῷ λαχεῖν, ἐπειδὴ τάχιστ᾽ ἐξουσία ἐγένετο. γνοὺς δ᾽ οὗτος ὅτι πάντ᾽ ἐξελεγχθήσεται καὶ κάκιστος ἀνθρώπων περὶ ἡμᾶς γεγονὼς ἐπιδειχθήσεται, μηχανᾶται καὶ κατασκευάζει ταῦτα, ἐφ᾽ οἷς Στέφανος οὑτοσὶ τὰ ψευδῆ μου κατεμαρτύρησε. καὶ πρῶτον μὲν παρεγράψατο τὴν δίκην ἣν ἔφευγεν Φορμίων μὴ εἰσαγώγιμον εἶναι: ἔπειτα μάρτυρας, ὡς ἀφῆκ᾽ αὐτὸν τῶν ἐγκλημάτων, παρέσχετο ψευδεῖς, καὶ μισθώσεώς τινος ἐσκευωρημένης καὶ διαθήκης οὐδεπώποτε γενομένης.
[5] However, to make the story brief, men of Athens, he would not do one of the things to which he had agreed, and tried to withhold from me the money which he held as capital in the bank; so then I was compelled to enter suit against him at the earliest opportunity. Phormio on his part, seeing that everything would be brought to light, and that he would be proved to have acted toward me as the basest of humankind, contrived and concocted this pl
ot in furtherance of which the defendant Stephanus gave this false testimony against me. In the first place, he entered a special plea in the suit in which he was defendant, claiming that the suit was not admissible; and then he produced false witnesses who stated that I had given him a release from my claims, and who deposed to a forged lease and to a will which never existed.
[6] προλαβὼν δέ μου ὥστε πρότερος λέγειν διὰ τὸ παραγραφὴν εἶναι καὶ μὴ εὐθυδικίᾳ εἰσιέναι, καὶ ταῦτ᾽ ἀναγνοὺς καὶ τἄλλ᾽ ὡς αὑτῷ συμφέρειν ἡγεῖτο ψευσάμενος, οὕτω διέθηκε τοὺς δικαστάς, ὥστε φωνὴν μηδ᾽ ἡντινοῦν ἐθέλειν ἀκούειν ἡμῶν: προσοφλὼν δὲ τὴν ἐπωβελίαν καὶ οὐδὲ λόγου τυχεῖν ἀξιωθείς, ἀλλ᾽ ὑβρισθεὶς ὡς οὐκ οἶδ᾽ εἴ τις πώποτ᾽ ἄλλος ἀνθρώπων, ἀπῄειν βαρέως, ὦ ἄνδρες Ἀθηναῖοι, καὶ χαλεπῶς φέρων.
[6] He had the advantage over me in being the first speaker, because this was a special plea and the case was not coming to trial upon the real issue, and by reading these documents and making other false statements which he thought would favor his case, he made such an impression on the jury that they refused to hear a single word from me. I was fined one-sixth of the amount claimed, was denied the right of a hearing, and was treated with such contumely as I doubt if any other man ever was, and I went from the court, men of Athens, taking the matter bitterly and grievously to heart.
[7] λόγον δ᾽ ἐμαυτῷ διδοὺς εὑρίσκω τοῖς δικάσασι μὲν τότε πολλὴν συγγνώμην οὖσαν （ἐγὼ γὰρ αὐτὸς οὐκ ἂν οἶδ᾽ ὅ τι ἄλλ᾽ εἶχον ψηφίσασθαι, τῶν πεπραγμένων μὲν μηδὲν εἰδώς, τὰ δὲ μαρτυρούμεν᾽ ἀκούων）, τούτους δ᾽ ἀξίους ὄντας ὀργῆς, οἳ τῷ τὰ ψευδῆ μαρτυρεῖν αἴτιοι τούτων ἐγένοντο. περὶ μὲν δὴ τῶν ἄλλων τῶν μεμαρτυρηκότων, ὅταν πρὸς ἐκείνους εἰσίω, τότ᾽ ἐρῶ: περὶ ὧν δ᾽ οὑτοσὶ Στέφανος μεμαρτύρηκεν, ἤδη πειράσομαι διδάσκειν ὑμᾶς.
[7] Upon going over it in my own mind, however, I see that there was abundant excuse for those who gave that verdict （for I do not know what other vote I could myself have given, if I had known nothing of the facts and had heard the testimony）, but that our anger should fall upon these men who by giving false testimony were responsible for this result. Of the others who have given testimony I shall speak when I proceed against them, but regarding the testimony of the defendant Stephanus I shall try to instruct you at once.
[8] λαβὲ δ᾽ αὐτὴν τὴν μαρτυρίαν καὶ ἀνάγνωθί μοι, ἵν᾽ ἐξ αὐτῆς ἐπιδεικνύω. λέγε: σὺ δ᾽ ἐπίλαβε τὸ ὕδωρ.”Μαρτυρία
στέφανος Μενεκλέους Ἀχαρνεύς, Ἔνδιος Ἐπιγένους Λαμπτρεύς, Σκύθης Ἁρματέως Κυδαθηναιεὺς μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ Ἀχαρνεῖ, ὅτε προὐκαλεῖτο Φορμίων Ἀπολλόδωρον, εἰ μή φησιν ἀντίγραφα εἶναι τῶν διαθηκῶν τῶν Πασίωνος τὸ γραμματεῖον ὃ ἐνεβάλετο Φορμίων εἰς τὸν ἐχῖνον, ἀνοίγειν τὰς διαθήκας τὰς Πασίωνος, ἃς παρεῖχε πρὸς τὸν διαιτητὴν Ἀμφίας ὁ Κηφισοφῶντος κηδεστής: Ἀπολλόδωρον δὲ οὐκ ἐθέλειν ἀνοίγειν: εἶναι δὲ τάδε ἀντίγραφα τῶν διαθηκῶν τῶν Πασίωνος.”
[8] Take the deposition itself, and read it, please, that from its very language I may prove my point.
Read; and do you check the water.”Deposition
Stephanus, son of Menecles, of Acharnae, Endius, son of Epigenes, of Lamptrae, Scythes, son of Harmateus, of Cydathenaeum depose that they were present before the arbitrator Teisias, of Acharnae, when Phormio challenged Apollodorus, if he declared that the document which Phormio put into the box was not a copy of the will of Pasio, to open the will of Pasio, which Amphias, brother-in-law of Cephisophon, submitted to the arbitrator; and that Apollodorus refused to open it; and that the document in question was a copy of the will of Pasio.”
[9] ἠκούσατε μὲν τῆς μαρτυρίας, ὦ ἄνδρες δικασταί, νομίζω δ᾽ ὑμᾶς, εἰ καὶ μηδὲν τῶν ἄλλων αἰσθάνεσθέ πω, τοῦτό γ᾽ αὐτὸ θαυμάζειν, τὸ τὴν μὲν ἀρχὴν τῆς μαρτυρίας εἶναι πρόκλησιν, τὴν δὲ τελευτὴν διαθήκην. οὐ μὴν ἀλλ᾽ ἔγωγ᾽ οἶμαι δεῖν, ἐπειδάν, ὃ τῶν μεμαρτυρημένων ὡσπερεὶ κεφάλαιόν ἐστιν, ἐπιδείξω ψεῦδος ὄν, τηνικαῦτ᾽ ἤδη καὶ περὶ τῶν τοιούτων ποιεῖσθαι τοὺς λόγους.
[9] You have heard the deposition, men of the jury, and I think that even if you have noticed nothing else, this at least must have seemed strange to you, that it begins with a challenge and ends with a will. However, I on my part, count it right, when I shall have shown what may be called the main substance of the testimony to be false, then, and not till then, to say something also about matters of that sort.
[10] ἔστι δὴ μεμαρτυρημένον αὐτοῖς προκαλεῖσθαι Φορμίων᾽ ἀνοίγειν τὰς διαθήκας, ἃς παρέχειν πρὸς τὸν διαιτητὴν Τεισίαν Ἀμφίαν τὸν Κηφισοφῶντος κηδεστήν: ἐμὲ δ᾽ οὐκ ἐθέλειν ἀνοίγειν: εἶναι δ᾽ ἃς αὐτοὶ μεμαρτυρήκασιν διαθήκας ἀντιγράφους ἐκείνων. εἶθ᾽ ἡ διαθήκη γέγραπται.
[10] Well, then, it is deposed by them that Phormio challenged me to open the will which Amphias, brother — in — law of Cephisophon, submitted to the arbitrator Teisias; and that I refused to open it; and that the will to which they themselves deposed was a copy of that original; and then follows a copy of the will.
[11] ἐγὼ τοίνυν περὶ μὲν τοῦ προκαλεῖσθαί με ἢ μὴ ταῦτα Φορμίωνα, οὐδέν πω λέγω, οὐδ᾽ ὑπὲρ τοῦ τὰς διαθήκας ἀληθεῖς ἢ ψευδεῖς εἶναι, ἀλλ᾽ αὐτίχ᾽ ὑμᾶς περὶ τούτων διδάξω: ἀλλ᾽ ἃ μεμαρτυρήκασι, μή μ᾽ ἐθέλειν τὸ γραμματεῖον ἀνοίγειν, ὡδὶ δὴ σκοπεῖτε. τοῦ τις ἂν εἵνεκ᾽ ἔφευγεν ἀνοίγειν τὸ γραμματεῖον; ἵν᾽ ἡ διαθήκη νὴ Δία μὴ φανερὰ γένοιτο τοῖς δικασταῖς.
[11] Now as to whether Phormio tendered me this challenge or not, and whether the will is genuine or spurious I say nothing as yet; I will discuss these matters before you presently; but I will take up the testimony they have given, that I refused to open the document. I would have you look at the matter in this way — what reason would anyone have had for refusing to open it? In order, one may say, that the will might not be shown to the jury.
[12] εἰ μὲν τοίνυν μὴ προσεμαρτύρουν τῇ προκλήσει τὴν διαθήκην οὗτοι, λόγον εἶχέ τιν᾽ ἂν τὸ φεύγειν ἔμ᾽ ἀνοίγειν τὸ γραμματεῖον: προσμαρτυρούντων δὲ τούτων καὶ τῶν δικαστῶν ὁμοίως ἀκουσομένων, τί ἦν μοι κέρδος τὸ μὴ ‘θέλειν; οὐδὲ ἓν δήπου. αὐτὸ γὰρ τοὐναντίον, ὦ ἄνδρες Ἀθηναῖοι, κἂν εἰ μηδὲν προὐκαλοῦνθ᾽ οὗτοι,
λόγῳ δ᾽ ἐχρῶντο μόνον, καὶ παρεῖχέν τις αὐτοῖς γραμματεῖον ὡς διαθήκην,
[12] Well and good. If they had not deposed to the will as well as to the challenge, there would have been some reason in my refusing to open the document; but since they deposed to both, and the jurymen were going to hear the will in any case, what advantage was there for me in refusing? None, assuredly. Quite the contrary, men of Athens; even if these men had tendered no challenge, but had merely talked of the matter, and someone had delivered a document to them as a will,
[13] ἐμὸν ἦν τὸ προκαλεῖσθαι καὶ κελεύειν ἀνοίγειν ταύτην, ἵν᾽ εἰ μὲν ἄλλ᾽ ἄττα τῶν ὑπὸ τούτων μεμαρτυρημένων ἦν τἀκεῖ γεγραμμένα, μάρτυρας εὐθὺς τῶν περιεστηκότων πολλοὺς ποιησάμενος τεκμηρίῳ τούτῳ καὶ περὶ τῶν ἄλλων, ὡς κατασκευάζουσιν, ἐχρώμην: εἰ δὲ ταὔτ᾽ ἐνῆν, τὸν παρασχόντ᾽ αὐτὸν ἠξίουν μαρτυρεῖν. ἐθελήσαντος μέν γ᾽ ὑπεύθυνον ἐλάμβανον, εἰ δ᾽ ἔφευγε, πάλιν αὐτὸ τοῦθ᾽ ἱκανὸν τεκμήριον ἦν μοι τοῦ πεπλάσθαι τὸ πρᾶγμα. καὶ δὴ καὶ συνέβαινεν ἐκείνως μὲν ἕν᾽ εἶναι πρὸς ὃν τὰ πράγματ᾽ ἐγίγνετό μοι, ὡς δ᾽ οὗτοι μεμαρτυρήκασι, πρὸς πολλούς. ἔστιν οὖν ὅστις ἂν ὑμῶν ταῦθ᾽ εἵλετο; ἐγὼ μὲν οὐδέν᾽ ἡγοῦμαι.