by Demosthenes
[46] Theophemus, by bringing this testimony to which no one else has deposed, but only his brother and his brother-in-law, to the effect that he was willing to deliver up the woman, and by pretending to be a man without guile, deceived the jurors. But now I make of you a fair request, both to decide regarding the testimony whether it is true or false, and at the same time to consider the whole case from the beginning.
[47] ἐγὼ μὲν τοίνυν, εἰς ἃ οὗτος κατέφυγεν τότε δίκαια, ἐκ τούτων οἴομαι δεῖν τὸν ἔλεγχον γενέσθαι, ἐκ τῆς ἀνθρώπου βασανιζομένης, ὁπότερος ἦρξεν χειρῶν ἀδίκων: τοῦτο γάρ ἐστιν ἡ αἴκεια. καὶ τοὺς μάρτυρας διὰ τοῦτο διώκω τῶν ψευδομαρτυρίων, ὅτι ἐμαρτύρησαν ἐθέλειν παραδιδόναι τὸν Θεόφημον τὴν ἄνθρωπον, οὐδαμοῦ τὸ σῶμα παραδιδόντος οὔτε τότε πρὸς τῷ διαιτητῇ οὔτε ὕστερον, πολλάκις ἐμοῦ ἐξαιτήσαντος.
[47] I, for my part, hold that the proof should be drawn from the very course of procedure to which the fellow at that time fled for refuge, that is, from the examination of the woman by the torture, to determine which party struck the first blow; for this is what constitutes assault. And it is for this reason that I am suing the witnesses for false testimony, because they deposed that Theophemus was willing to deliver up the woman, whereas he never would produce her in person either at that time before the arbitrator or subsequently, despite my repeated demands.
[48] διπλῆν οὖν αὐτοὺς δεῖ δίκην δοῦναι, ὅτι τε ἐξηπάτησαν τοὺς δικαστὰς ψευδεῖς μαρτυρίας παρασχόμενοι, κηδεστοῦ καὶ ἀδελφοῦ, καὶ ὅτι ἐμὲ ἠδίκησαν, λῃτουργοῦντα μὲν ὑμῖν προθύμως, ποιοῦντα δὲ τὰ προσταττόμενα, ὑπηρετοῦντα δὲ τοῖς νόμοις καὶ τοῖς ψηφίσμασιν τοῖς ὑμετέροις. ὡς δὲ οὐκ ἐγὼ μόνος παρέλαβον παρὰ τῆς ἀρχῆς τοῦτον εἰσπράξασθαι σκεύη ὀφείλοντα τῇ πόλει, ἀλλὰ καὶ ἄλλοι τῶν τριηράρχων ἑτέρους εἰσεπράξαντο οὓς παρέλαβον, ἀνάγνωθί μοι αὐτῶν τὰς μαρτυρίας.”Μαρτυρίαι”
[48] They ought, therefore, to suffer a double punishment, both because they deceived the jurors by bringing forward false testimony — that of the brother-in-law and the brother — , and because they wronged me while I was zealously performing a public service, doing what the state commanded me, and obeying your laws and your decrees.
Now to prove to you that I was not the only one thus commissioned, when I received from the magistrates the name of this man with orders to exact from him the equipment which he owed to the state, but that others of the trierarchs took such measures against others whose names they had received, read, please, their depositions.” Depositions”
[49] βούλομαι τοίνυν, ὦ ἄνδρες δικασταί, καὶ ἃ πέπονθα ὑπ᾽ αὐτῶν διηγήσασθαι ὑμῖν. ἐπειδὴ γὰρ ὦφλον αὐτοῖς τὴν δίκην ἐφ᾽ ᾗ τοὺς μάρτυρας τούτους διώκω τὰ ψευδῆ μεμαρτυρηκότας, προσελθὼν τῷ Θεοφήμῳ μελλούσης μοι ἤδη ἐξήκειν τῆς ὑπερημερίας, ἐδεήθην αὐτοῦ ἐπισχεῖν μοι ὀλίγον χρόνον, λέγων τὰς ἀληθείας, ὅτι πεπορισμένου τοῦ ἀργυρίου ὃ ἔμελλον αὐτῷ ἐκτίνειν συμβέβηκέ μοι τριηραρχία,
[49] I wish now, men of the jury, to set forth before you the treatment with which I have met at their hands. For when I had lost to them the suit in which the witnesses gave the false testimony for which I am suing them, and the time for paying the judgement was about to expire, I came up to Theophemus and begged him to oblige me by waiting a little while, telling him what was true, that although I had got together the money which I was going to pay him, a trierarchy had fallen to my lot,
[50] καὶ ἀποστέλλειν διὰ τάχους δεῖ τὴν τριήρη, καὶ ὁ στρατηγὸς Ἀλκίμαχος αὑτῷ παρασκευάζειν κελεύοι ταύτην τὴν ναῦν: τὸ οὖν ἀργύριον τὸ πεπορισμένον τῷ Θεοφήμῳ ἀποδοῦναι ἐνταῦθα κατεχρησάμην. ἐδεόμην δ᾽ αὐτοῦ ἀναβαλέσθαι τὴν ὑπερημερίαν, ἕως ἂν τὴν ναῦν ἀποστείλω. ὁ δὲ ῥᾳδίως μοι καὶ ἀκάκως ἀποκρίνεται: ‘οὐδὲν κωλύει’, ἔφη: ‘ἀλλ᾽ ἐπειδὰν τὴν ναῦν ἀποστείλῃς, πόριζε καὶ ἐμοί.’
[50] and it was necessary to despatch the trireme with all speed, and that Alcimachus, the general, had ordered me to furnish this ship for his own use; the money, therefore, which I had got together to pay Theophemus, I had to use up for this purpose. So I asked him to extend the time of payment until I should have sent off the ship. And he answered me quite readily and guilelessly: “There is no objection to that,” he said, “but, when you shall have despatched the ship, also bring the money to me.”
[51] ἀποκριναμένου δέ μοι ταῦτα τοῦ Θεοφήμου καὶ ἀναβαλομένου τὴν ὑπερημερίαν, καὶ μάλιστά μου πιστεύσαντος τῇ τε ἐπισκήψει τῶν ψευδομαρτυρίων καὶ τῷ μὴ ἐθέλειν αὐτὸν παραδοῦναι τὴν ἄνθρωπον, ὡς οὐδὲν ἂν νεωτερίσαντος περὶ τἀμά, ἐγὼ μὲν τὴν τριήρη ἀποστείλας, οὐ πολλαῖς ἡμέραις ὕστερον πορίσας τὸ ἀργύριον, προσελθὼν αὐτῷ ἐκέλευον ἐπὶ τὴν τράπεζαν ἀκολουθοῦντα κομίζεσθαι τὴν καταδίκην. ὡς δὲ ταῦτα ἀληθῆ λέγω, τούτων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας.”Μαρτυρίαι”
[51] When Theophemus had given me this answer and had extended the time of payment, and especially because I relied upon my impeachment for false testimony and his unwillingness to deliver up the woman, and so thought he would take no violent measures in my affair, I despatched the trireme, and a few days later, having got the money together, I approached him and bade him to go with me to the bank to receive the amount of his judgement.
To prove that I am speaking the truth in this, the clerk shall read you the depositions regarding these matters.” Depositions”
[52] ὁ δὲ Θεόφημος ἀντὶ τοῦ τὴν καταδίκην ἀπολαβεῖν ἀκολουθήσας ἐπὶ τὴν τράπεζαν, ἐλθών μου τὰ πρόβατα λαμβάνει ποιμαινόμενα πεντήκοντα μαλακὰ καὶ τὸν ποιμένα μετ᾽ αὐτῶν καὶ πάντα τὰ ἀκόλουθα τῇ ποίμνῃ, ἔπειτα παῖδα διάκονον ὑδρίαν χαλκῆν ἀποφέροντα ἀλλοτρίαν ᾐτημένην, πολλοῦ ἀξίαν. καὶ ταῦτα ἔχουσιν οὐκ ἐξήρκεσεν αὐτοῖς:
[52] Theophemus, however, instead of going with me to the bank and receiving the amount of his judgement, went and seized fifty soft-woolled sheep of mine that were grazing and with them the shepherd and all that belonged to the flock, and also a serving-boy who was carrying back a bronze pitcher of great value which was not ours, but had been borrowed. And they were not content with having these, but went on to my farm
[53] ἀλλ᾽ ἐπεισελθόντες εἰς τὸ χωρίον （γεωργῶ δὲ πρὸς τῷ ἱπποδρόμῳ, καὶ οἰκῶ ἐνταῦθα ἐκ μειρακίου） πρῶτον μὲν ἐπὶ τοὺς οἰκέτας ᾖξαν, ὡς δὲ ο
ὗτοι διαφεύγουσιν αὐτοὺς καὶ ἄλλος ἄλλῃ ἀπεχώρησαν, ἐλθόντες πρὸς τὴν οἰκίαν καὶ ἐκβαλόντες τὴν θύραν τὴν εἰς τὸν κῆπον φέρουσαν Εὔεργός τε οὑτοσὶ ὁ ἀδελφὸς ὁ Θεοφήμου καὶ Μνησίβουλος ὁ κηδεστὴς αὐτοῦ, οἷς οὐδεμίαν δίκην ὠφλήκειν οὐδὲ προσῆκεν αὐτοὺς ἅπτεσθαι τῶν ἐμῶν οὐδενός, εἰσελθόντες ἐπὶ τὴν γυναῖκά μου καὶ τὰ παιδία ἐξεφορήσαντο ὅσα ἔτι ὑπόλοιπά μοι ἦν σκεύη ἐν τῇ οἰκίᾳ.
[53] （I have a piece of land near the Hippodrome, and have lived there since my boyhood）, and first they made a rush to seize the household slaves, but since these escaped them and got off one here and another there, they went to the house, and bursting open the gate which led into the garden （these were this man Evergus, the brother of Theophemus, and Mnesibulus, his brother-in-law, who had won no judgement against me, and who had no right to touch anything that was mine） — these men, I say, entered into the presence of my wife and children and carried off all the furniture that was still left in the house.
[54] ᾤοντο μὲν γὰρ οὐ τοσαῦτα μόνον λήψεσθαι, ἀλλὰ πολλῷ πλείω: τὴν γὰρ οὖσάν μοι ποτὲ κατασκευὴν τῆς οἰκίας καταλήψεσθαι: ἀλλ᾽ ὑπὸ τῶν λῃτουργιῶν καὶ τῶν εἰσφορῶν καὶ τῆς πρὸς ὑμᾶς φιλοτιμίας τὰ μὲν ἐνέχυρα κεῖται αὐτῶν, τὰ δὲ πέπραται. ὅσα δ᾽ ἦν ἔτι ὑπόλοιπα, πάντα λαβόντες ᾤχοντο.
[54] They thought to get, not so much merely, but far more, for they expected to find the stock of household furniture which I formerly had; but because of my public services and taxes and my liberality toward you, some of the furniture is lying in pawn, and some has been sold. All that was left, however, they took away with them.
[55] πρὸς δὲ τούτοις, ὦ ἄνδρες δικασταί, ἔτυχεν ἡ γυνή μου μετὰ τῶν παιδίων ἀριστῶσα ἐν τῇ αὐλῇ, καὶ μετ᾽ αὐτῆς τιτθή τις ἐμὴ γενομένη πρεσβυτέρα, ἄνθρωπος εὔνους καὶ πιστὴ καὶ ἀφειμένη ἐλευθέρα ὑπὸ τοῦ πατρὸς τοῦ ἐμοῦ. συνῴκησεν δὲ ἀνδρί, ἐπειδὴ ἀφείθη ἐλευθέρα: ὡς δὲ οὗτος ἀπέθανεν καὶ αὐτὴ γραῦς ἦν καὶ οὐκ ἦν αὐτὴν ὁ θρέψων, ἐπανῆκεν ὡς ἐμέ.
[55] More than this, men of the jury, my wife happened to be lunching with the children in the court and with her was an elderly woman who had been my nurse, a devoted soul and a faithful, who had been set free by my father. After she had been given her freedom she lived with her husband, but after his death, when she herself was an old woman and there was nobody to care for her, she came back to me.
[56] ἀναγκαῖον οὖν ἦν μὴ περιιδεῖν ἐνδεεῖς ὄντας μήτε τιτθὴν γενομένην μήτε παιδαγωγόν: ἅμα δὲ καὶ τριηραρχῶν ἐξέπλεον, ὥστε καὶ τῇ γυναικὶ βουλομένῃ ἦν τοιαύτην οἰκουρὸν μετ᾽ αὐτῆς με καταλιπεῖν. ἀριστώντων δὲ ἐν τῇ αὐλῇ, ὡς ἐπεισπηδῶσιν οὗτοι καὶ καταλαμβάνουσιν αὐτὰς καὶ ἥρπαζον τὰ σκεύη, αἱ μὲν ἄλλαι θεράπαιναι （ἐν τῷ πύργῳ γὰρ ἦσαν, οὗπερ διαιτῶνται） ὡς ἤκουσαν κραυγῆς, κλείουσι τὸν πύργον, καὶ ἐνταῦθα μὲν οὐκ εἰσῆλθον, τὰ δ᾽ ἐκ τῆς ἄλλης οἰκίας ἐξέφερον σκεύη,
[56] I could not suffer my old nurse, or the slave who attended me as a boy, to live in want; at the same time I was about to sail as trierarch and it was my wife’s wish that I should leave such a person to live in the house with her. They were lunching in the court when these men burst in and found them there, and began to seize the furniture. The rest of the female slaves （they were in a tower room where they live）, when they heard the tumult, closed the door leading to the tower, so the men did not get in there; but they carried off the furniture from the rest of the house, although my wife forbade them to touch it,
[57] ἀπαγορευούσης τῆς γυναικὸς μὴ ἅπτεσθαι αὐτοῖς, καὶ λεγούσης ὅτι αὑτῆς εἴη ἐν τῇ προικὶ τετιμημένα καὶ ὅτι ‘τὰ πρόβατα ἔχετε πεντήκοντα καὶ τὸν παῖδα καὶ τὸν ποιμένα, πλείονος ἄξια ἢ κατεδικάσασθε:’ ἀπήγγειλε γάρ τις αὐτοῖς τῶν γειτόνων κόψας τὴν θύραν. ἔτι δὲ ἔφη τὸ ἀργύριον αὐτοῖς κείμενον εἶναι ἐπὶ τῇ τραπέζῃ: ἠκηκόει γὰρ ἐμοῦ: ‘κἂν περιμείνητε’, ἔφη, ‘ἢ μετέλθῃ τις ὑμῶν αὐτόν, ἔχοντες ἄπιτε τὸ ἀργύριον ἤδη: τὰ δὲ σκεύη ἐᾶτε, καὶ μηδὲν τῶν ἐμῶν φέρετε, ἄλλως τε καὶ ἔχοντες ἄξια τῆς καταδίκης.’
[57] and declared that it was her property, mortgaged to secure her marriage portion; she said to them also, “You have the fifty sheep, the serving boy, and the shepherd, whose value is in excess of the amount of your judgement” （for one of the neighbors knocked at the door and told her this）. Furthermore she told them that the money was lying at the bank for them, for she had heard me say so. “And, if you will wait here,” she said, “or if one of you will go after him, you shall take the money back with you at once; but let the furniture alone, and do not carry off anything that is mine — especially since you have the full value of your judgement.”
[58] ταῦτα δὲ λεγούσης τῆς γυναικὸς οὐχ ὅπως ἐπέσχον, ἀλλὰ καὶ τῆς τιτθῆς τὸ κυμβίον λαβούσης παρακείμενον αὐτῇ, ἐξ οὗ ἔπινεν, καὶ ἐνθεμένης εἰς τὸν κόλπον, ἵνα μὴ οὗτοι λάβοιεν, ἐπειδὴ εἶδεν ἔνδον ὄντας αὐτούς, κατιδόντες αὐτὴν οὕτω διέθεσαν ἀφαιρούμενοι τὸ κυμβίον Θεόφημος καὶ Εὔεργος ἁδελφὸς αὐτοῦ οὑτοσί,
[58] But although my wife spoke in this way, they not only did not desist, but when the nurse took the cup which was set by her and from which she had been drinking, and put it in her bosom to prevent these men from taking it, when she saw that they were in the house, Theophemus and Evergus, this brother of his, observing her, treated her so roughly in taking the cup from her
[59] ὥστε ὕφαιμοι μὲν οἱ βραχίονες καὶ οἱ καρποὶ τῶν χειρῶν αὐτῆς ἐγένοντο ἀποστρεφομένης τὼ χεῖρε καὶ ἑλκομένης ὑπὸ τούτων ἀφαιρουμένων τὸ κυμβίον, ἀμυχὰς δ᾽ ἐν τῷ τραχήλῳ εἶχεν ἀγχομένη, πελιὸν δὲ τὸ στῆθος. εἰς τοῦτο δ᾽ ἦλθον πονηρίας ὥστε, ἕως ἀφείλοντο τὸ κυμβίον ἐκ τοῦ κόλπου αὐτῆς, οὐκ ἐπαύσαντο ἄγχοντες καὶ τύπτοντες τὴν γραῦν.
[59] that her arms and wrists were covered with blood, as they wrenched her arms and pulled her this way and that in taking the cup from her, and she had lacerations on her throat, where they strangled her, and her breast was black and blue. And they pushed their brutality to such extremes, that they did not stop throttling and beating the old woman, until they had taken the cup from her bosom.
[60] ἀκούοντες δὲ οἱ θεράποντες τῶν γειτόνων τῆς κραυγῆς κα�
� ὁρῶντες τὴν οἰκίαν πορθουμένην τὴν ἐμήν, οἱ μὲν ἀπὸ τῶν τεγῶν τῶν ἑαυτῶν ἐκαλίστρουν τοὺς παριόντας, οἱ δὲ καὶ εἰς τὴν ἑτέραν ὁδὸν ἐλθόντες καὶ ἰδόντες Ἁγνόφιλον παριόντα ἐκέλευσαν παραγενέσθαι. προσελθὼν δὲ ὁ Ἁγνόφιλος προσκληθεὶς ὑπὸ τοῦ θεράποντος τοῦ Ἀνθεμίωνος, ὅς ἐστί μοι γείτων, εἰς μὲν τὴν οἰκίαν οὐκ εἰσῆλθεν （οὐ γὰρ ἡγεῖτο δίκαιον εἶναι μὴ παρόντος γε τοῦ κυρίου）, ἐν δὲ τῷ τοῦ Ἀνθεμίωνος χωρίῳ ὢν ἑώρα τά τε σκεύη ἐκφερόμενα καὶ Εὔεργον καὶ Θεόφημον ἐξιόντας ἐκ τῆς ἐμῆς οἰκίας.
[60] The servants of the neighbors, hearing the tumult and seeing that my house was being pillaged, some of them called from the roofs of their own houses to the people passing by, and others went into the other street and seeing Hagnophilus passing by, bade him to come. Hagnophilus, when he came up, summoned by a servant of Anthemion, who is a neighbor of mine, did not enter the house （for he thought he ought not to do so in the absence of the master）, but, standing on Anthemion’s land, saw the furniture being carried off and Evergus and Theophemus coming out of the house.