by Demosthenes
[61] οὐ μόνον τοίνυν, ὦ ἄνδρες δικασταί, λαβόντες μου τὰ σκεύη ᾤχοντο, ἀλλὰ καὶ τὸν υἱὸν ἦγον ὡς οἰκέτην, ἕως τῶν γειτόνων ἀπαντήσας αὐτοῖς Ἑρμογένης εἶπεν ὅτι υἱός μου εἴη. ὡς δὲ ταῦτα ἀληθῆ λέγω, ἀναγνώσεται ὑμῖν τὰς μαρτυρίας.”Μαρτυρίαι”
[61] And not only did they go off with my furniture, men of the jury, but they were even on the point of taking away my son, as though he were a slave, until Hermogenes, one of my neighbors, met them and told them that he was my son.
To prove that I am speaking the truth in this, the clerk shall read you the depositions.” Depositions”
[62] ἐπειδὴ τοίνυν μοι ἀπηγγέλθη εἰς Πειραιᾶ τὰ γεγενημένα ὑπὸ τῶν γειτόνων, ἐλθὼν εἰς ἀγρὸν τούτους μὲν οὐκέτι καταλαμβάνω, ἰδὼν δὲ τὰ ἐκ τῆς οἰκίας ἐκπεφορημένα καὶ τὴν γραῦν ὡς διέκειτο, καὶ ἀκούων τῆς γυναικὸς τὰ γενόμενα, προσελθὼν τῷ Θεοφήμῳ τῇ ὑστεραίᾳ ἕωθεν ἐν τῇ πόλει μάρτυρας ἔχων ἐκέλευον αὐτὸν πρῶτον μὲν τὴν καταδίκην ἀπολαμβάνειν καὶ ἀκολουθεῖν ἐπὶ τὴν τράπεζαν, ἔπειτα τὴν ἄνθρωπον θεραπεύειν ἣν συνέκοψαν, καὶ ἰατρὸν εἰσάγειν ὃν αὐτοὶ βούλοιντο.
[62] When, then, the news of what had been done was brought me in Peiraeus by the neighhors, I went to the farm, but found that these men had left; I saw, however, that the household goods had been carried off and in what plight the old woman was. My wife told me what had taken place, so, early next morning, I approached Theophemus in the city, having witnesses with me, and demanded, first that he accept payment of the amount of his judgement, and go with me to the bank, then, that he should provide for the care of the old woman whom they had beaten, calling in any physician whom they pleased.
[63] ταῦτα δέ μου λέγοντος καὶ διαμαρτυρομένου, κακά με πολλὰ εἰπόντες ὁ μὲν Θεόφημος ἠκολούθει μόλις, διατριβὰς ἐμποιῶν καὶ φάσκων βούλεσθαι καὶ αὐτός τινας παραλαβεῖν μάρτυρας （ταῦτα δ᾽ ἔλεγεν τεχνάζων τοῦ χρόνον ἐγγενέσθαι）, ὁ δ᾽ Εὔεργος οὑτοσὶ εὐθὺς ἐκ τῆς πόλεως μεθ᾽ ἑτέρων ὁμοίων αὑτῷ ἐλθὼν εἰς ἀγρόν, τὰ ὑπόλοιπα σκεύη, εἴ τινα τῇ προτεραίᾳ ἐν τῷ πύργῳ ἦν καὶ οὐκ ἔτυχεν ἔξω ὄντα, ἐπειδὴ δ᾽ ἐγὼ ἦλθον, διὰ τὴν χρείαν κατηνέχθη, ἐκβαλὼν τὴν θύραν ἥνπερ καὶ τῇ προτεραίᾳ ἐξέβαλον κακῶς ἐνεστηκυῖαν, ᾤχετό μου λαβὼν τὰ σκεύη: ᾧ οὔτε δίκην ὠφλήκειν, οὔτε συμβόλαιον ἦν μοι πρὸς αὐτὸν οὐδέν.
[63] While I was saying this and solemnly protesting against their actions, they abused me roundly; then Theophemus went with me very reluctantly and making much delay, alleging that he too wished to take witnesses along with him （this talk was a trick on his part to gain time）; but this fellow Evergus went at once from the city in company with some others of like stamp to the farm. The furniture which I had remaining — some few pieces which the day before happened to be in the tower and not outside — had, after I came home, necessarily been brought down, and Evergus, forcing open the gate which they had broken down the day before, and which was scarcely fastened, carried off my furniture — Evergus, to whom I owed no judgement, and with whom I had had no business transaction whatever.
[64] ἐκτίνοντος δέ μου τῷ Θεοφήμῳ, ᾧ ὠφλήκειν τὴν δίκην, ἐπειδὴ ἐξέτινον πολλῶν παρόντων μαρτύρων χιλίας μὲν καὶ ἑκατὸν δραχμὰς τὴν καταδίκην, ὀγδοήκοντα δὲ καὶ ἑκατὸν δραχμὰς καὶ τρεῖς καὶ δύ᾽ ὀβολὼ τὴν ἐπωβελίαν, τριάκοντα δὲ τὰ πρυτανεῖα （τῶν γὰρ ἄλλων οὐδὲν αὐτῷ ἐπιτιμίων ὦφλον）, λαβὼν τοίνυν παρ᾽ ἐμοῦ ἐπὶ τῇ τραπέζῃ χιλίας τριακοσίας δέκα τρεῖς δύ᾽ ὀβολὼ τὸ σύμπαν κεφάλαιον, ἀπαιτοῦντος ἐμοῦ τά τε πρόβατα καὶ τὰ ἀνδράποδα καὶ τὰ σκεύη ἃ ἡρπάκει μου, οὐκ ἔφη ἀποδώσειν μοι, εἰ μή τις αὐτὸν ἀφήσει καὶ τοὺς μετ᾽ αὐτοῦ τῶν ἐγκλημάτων καὶ τοὺς μάρτυρας τῶν ψευδομαρτυρίων.
[64] On my making full payment to Theophemus to whom I owed the judgement, when I had paid him in the presence of many witnesses eleven hundred drachmae, the amount of the judgement, one hundred and eighty-three drachmae two obols for the fine of one-sixth of that sum, and thirty drachmae for court fees （I owed him nothing in the way of other penalties） — when, I say, he had received from me at the bank one thousand three hundred and thirteen drachmae two obols, the total amount, on my demanding the return of the sheep and the slaves and the furniture of which he had robbed me, he declared that he would not return them to me unless I should release him and his associates from all claims, and the witnesses from the suit for false testimony.
[65] ταῦτα δὲ ἀποκριναμένου αὐτοῦ μάρτυρας μὲν ἐποιησάμην τῆς ἀποκρίσεως τοὺς παρόντας, τὴν δὲ δίκην ἐξέτεισα, ὑπερήμερον γὰρ οὐκ ᾤμην δεῖν ἐμαυτὸν εἶναι. τὸν δ᾽ Εὔεργον οὐδ᾽ ᾔδειν εἰσεληλυθότα μου εἰς τὴν οἰκίαν ταύτῃ τῇ ἡμέρᾳ, ἀλλ᾽ αὐτίκα ἡ δίκη ἐξετέτειστο, καὶ εἶχεν ὁ Θεόφημος τά τε πρόβατα καὶ τὰ ἀνδράποδα καὶ τὰ σκεύη τὰ τῇ προτεραίᾳ περιγενόμενα, καὶ ἄγγελος ἦλθέ μοι λιθοκόπος τις, τὸ πλησίον μνῆμα ἐργαζόμενος, ὅτι πάλιν οἴχεται Εὔεργος τὰ ὑπόλοιπα σκεύη ἐκφορήσας ἐκ τῆς οἰκίας: πρὸς ὃν οὐδέν μοι πρᾶγμα ἦν.
[65] When he had given me this reply, I called upon those present to be witnesses to his answer, but I paid him the judgement, for I did not think it best to he in default. As for Evergus, I did not know that he had gone to my house on that day, but as soon as the judgement had been paid, while Theophemus still had the sheep and the slaves and the furniture, a stone-cutter, who was working on the monument near by, came to bring me word that Evergus had carried off from the house the rest of my furniture — that, namely, which had remained untouched the day before, — Evergus, with whom I had nothing whatever to do.
[66] ὡς οὖν ἀληθῆ λέγω, καὶ ὅτι τῇ μὲν προτεραίᾳ εἰλήφεσάν μου τὰ ἐνέχυρα, τῇ δ᾽ ὑστεραίᾳ ἐκομίσαντο τὸ ἀργύριον παρ᾽ ἐμοῦ （καίτοι πῶς ἄν, εἰ μὴ πεπορισμένον τε ἦν καὶ ἐπηγγέλκειν αὐτοῖς, εὐθὺς ἂν ἀπέλαβον;） καὶ πάλιν αὐθημερὸν εἰσεληλύθεσαν εἰς τὴν οἰκίαν ἐκτίνοντος τὴν δίκην, τούτων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας.”Μαρτυρίαι”
[66] To prove that I am speaking the truth, that on the day before they had taken from me goods as security, and that the next day they recovered the money from me （and yet, if the money had not been got together and I had not given them notice, how, pray, could they have secured immediate
payment?）, and that on that very day they had gone again into the house, while I was paying the money — to prove all this, the clerk shall read you the depositions.” Depositions”
[67] ἐπειδὴ τοίνυν, ὦ ἄνδρες δικασταί, ἐπαγγείλαντός μου αὐτῷ θεραπεύειν τὴν ἄνθρωπον ἣν συνέκοψαν καὶ ἰατρὸν εἰσάγειν οὐκ ἐφρόντιζον, ἐγὼ αὐτὸς εἰσήγαγον ἰατρὸν ᾧ πολλὰ ἔτη ἐχρώμην, ὃς ἐθεράπευεν αὐτὴν ἀρρωστοῦσαν, καὶ ἐπέδειξα ὡς εἶχεν, εἰσαγαγὼν μάρτυρας. ἀκούσας δὲ τοῦ ἰατροῦ ὅτι οὐδὲν ἔτι εἴη ἡ ἄνθρωπος, πάλιν ἑτέρους μάρτυρας παραλαβὼν τήν τε ἄνθρωπον ἐπέδειξα ὡς εἶχεν, καὶ ἐπήγγειλα τούτοις θεραπεύειν. ἕκτῃ τοίνυν ἡμέρᾳ ὕστερον ἢ οὗτοι εἰσῆλθον εἰς τὴν οἰκίαν, ἐτελεύτησεν ἡ τιτθή. ὡς δὲ ἀληθῆ ταῦτα λέγω, τούτων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας.”Μαρτυρίαι”
[67] Since, then, men of the jury, he paid no heed, when I served notice on him to care for the woman whom they had beaten and to bring in a physician, I myself brought in one with whom I had had dealings for many years, and he cared for her during her illness. I showed him the plight she was in, and brought witnesses. Hearing from the physician that the woman’s condition was hopeless, I again took other witnesses, and pointing out the condition she was in served notice on these men to care for her. On the sixth day after these men had come into the house the nurse died.
To prove that I am speaking the truth in this, the clerk shall read you the depositions bearing upon these matters.” Depositions”
[68] ἐπειδὴ τοίνυν ἐτελεύτησεν, ἦλθον ὡς τοὺς ἐξηγητάς, ἵνα εἰδείην ὅ τι με χρὴ ποιεῖν περὶ τούτων, καὶ διηγησάμην αὐτοῖς ἅπαντα τὰ γενόμενα, τήν τε ἄφιξιν τὴν τούτων καὶ τὴν εὔνοιαν τῆς ἀνθρώπου, καὶ ὡς εἶχον αὐτὴν ἐν τῇ οἰκίᾳ, καὶ ὡς διὰ τὸ κυμβίον, οὐκ ἀφιεῖσα, τελευτήσειεν. ἀκούσαντες δέ μου οἱ ἐξηγηταὶ ταῦτα, ἤροντό με πότερον ἐξηγήσωνταί μοι μόνον ἢ καὶ συμβουλεύσωσιν:
[68] Well then, after her death I went to the Interpreters in order to learn what I ought to do in the matter, and I related to them all that had taken place: the coming of these men, the devotion of the woman, why it was that I kept her in my house, and that she had met her end because she would not surrender the cup. When the Interpreters had heard all this from me, they asked me whether they should interpret the law for me and nothing more, or should also advise me.
[69] ἀποκριναμένου δέ μου αὐτοῖς ἀμφότερα, εἶπόν μοι ‘ἡμεῖς τοίνυν σοι τὰ μὲν νόμιμα ἐξηγησόμεθα, τὰ δὲ σύμφορα παραινέσομεν: πρῶτον μὲν ἐπενεγκεῖν δόρυ ἐπὶ τῇ ἐκφορᾷ, καὶ προαγορεύειν ἐπὶ τῷ μνήματι, εἴ τις προσήκων ἐστὶν τῆς ἀνθρώπου, ἔπειτα τὸ μνῆμα φυλάττειν ἐπὶ τρεῖς ἡμέρας. τάδε δὲ συμβουλεύομέν σοι, ἐπειδὴ αὐτὸς μὲν οὐ παρεγένου, ἡ δὲ γυνὴ καὶ τὰ παιδία, ἄλλοι δέ σοι μάρτυρες οὐκ εἰσίν, ὀνομαστὶ μὲν μηδενὶ προαγορεύειν, τοῖς δεδρακόσι δὲ καὶ κτείνασιν, εἶτα πρὸς τὸν βασιλέα μὴ λαγχάνειν.
[69] On my answering them, “Both,” they said to me, “Very well, we will interpret for you the law, and also give you advice to your profit. In the first place, if there be anyone related to the woman, let him carry a spear when she is borne forth to the tomb and make solemn proclamation at the tomb, and thereafter let him guard the tomb for the space of three days. And this is the advice which we give you: since you were not yourself present, but only your wife and your children, and since you have no other witnesses, we advise you not to make proclamation against anyone by name, but in general against the perpetrators and the murderers;
[70] οὐδὲ γὰρ ἐν τῷ νόμῳ ἔστι σοι: οὐ γάρ ἐστιν ἐν γένει σοι ἡ ἄνθρωπος, οὐδὲ θεράπαινα, ἐξ ὧν σὺ λέγεις: οἱ δὲ νόμοι τούτων κελεύουσιν τὴν δίωξιν εἶναι: ὥστ᾽ εἰ διομεῖ ἐπὶ Παλλαδίῳ αὐτὸς καὶ ἡ γυνὴ καὶ τὰ παιδία καὶ καταράσεσθε αὑτοῖς καὶ τῇ οἰκίᾳ, χείρων τε δόξεις πολλοῖς εἶναι, καὶ ἐὰν μὲν ἀποφύγῃ σε, ἐπιωρκηκέναι, ἐὰν δὲ ἕλῃς, φθονήσει. ἀλλ᾽ ὑπὲρ σεαυτοῦ καὶ τῆς οἰκίας ἀφοσιωσάμενος ὡς ῥᾷστα τὴν συμφορὰν φέρειν, ἄλλῃ δὲ εἴ πῃ βούλει, τιμωροῦ.’
[70] and again not to institute suit before the king. For that course is not open to you under the law, since the woman is not a relative of yours nor yet a servant, according to your own statement; and it is to relatives or to masters that the law appoints the duty of prosecuting. If, then, you should take the oath at the Palladium, yourself and your wife and your children, and imprecate curses upon yourselves and your house, you will lose the goodwill of many, and if your opponent is acquitted, you will be thought to have committed perjury, and if you convict him, you will he an object of malice. No, after you have performed the proper religious rites to cleanse yourself and your house, bear your misfortune with such patience as you can, and, if you choose, avenge yourself in some other way.”
[71] ταῦτα ἀκούσας ἐγὼ τῶν ἐξηγητῶν, καὶ τοὺς νόμους ἐπισκεψάμενος τοὺς τοῦ Δράκοντος ἐκ τῆς στήλης, ἐβουλευόμην μετὰ τῶν φίλων ὅ τι χρή με ποιεῖν. συμβουλευόντων δέ μοι ταὐτά, ἃ μὲν ὑπὲρ τῆς οἰκίας προσῆκεν μοι πρᾶξαι καὶ ἃ ἐξηγήσαντό μοι οἱ ἐξηγηταί, ἐποίησα, ἃ δ᾽ ἐκ τῶν νόμων οὐκέτι μοι προσῆκεν, ἡσυχίαν εἶχον.
[71] When I had received this advice from the Interpreters and had looked at the laws of Draco on the inscribed slab, I consulted with my friends as to what course of action I should pursue. As they gave me the same advice, I did what was necessary to purify the house and what the Interpreters had prescribed, and abstained from further action which the laws forbade.
[72] κελεύει γὰρ ὁ νόμος, ὦ ἄνδρες δικασταί, τοὺς προσήκοντας ἐπεξιέναι μέχρι ἀνεψιαδῶν （καὶ ἐν τῷ ὅρκῳ διορίζεται ὅ τι προσήκων ἐστίν）, κἂν οἰκέτης ᾖ, τούτων τὰς ἐπισκήψεις εἶναι. ἐμοὶ δὲ οὔτε γένει προσῆκεν ἡ ἄνθρωπος οὐδέν, εἰ μὴ ὅσον τιτθὴ γενομένη, οὐδ᾽ αὖ θεράπαινά γε: ἀφεῖτο γὰρ ὑπὸ τοῦ πατρὸς τοῦ ἐμοῦ ἐλευθέρα καὶ χωρὶς ᾤκει καὶ ἄνδρα ἔσχεν.
[72] For the law, men of the jury, ordains that prosecution shall be by relatives within the degree of children of cousins; and that in the oath inquiry shall be made as to what the relationship is, even if the victim be a servant; and it is from these persons that criminal actions shall proceed. But the woman was in no way related to me by blood, she had only been my nurse; nor again was she a servant; for she had been set free by my father, and she lived in a separate house, and had taken a husband.
[73] ψεύσασθαι δὲ πρὸ
ς ὑμᾶς καὶ διομόσασθαι αὐτὸς καὶ τὸν υἱὸν καὶ τὴν γυναῖκα οὐκ ἂν ἐτόλμησα, οὐδ᾽ ἂν εἰ εὖ ᾔδειν ὅτι αἱρήσοιμι αὐτούς: οὐ γὰρ οὕτως τούτους μισῶ, ὡς ἐμαυτὸν φιλῶ. ἵνα δὲ μὴ λόγῳ μόνον ἀκούσητέ μου, αὐτὸν ὑμῖν τὸν νόμον ἀναγνώσομαι.”Νόμος”
[73] Now, to tell a false story to you and support it by an oath with imprecations on myself, my son, and my wife, was a thing I dared not do, even if I knew well that I should convict these men; for I do not hate them as much as I love myself.
But that you may hear this not merely from my own lips, the clerk shall read you the law itself.” Law”
[74] πολλαχόθεν μὲν οὖν οἶμαι, ὦ ἄνδρες δικασταί, καταφανῆ ὑμῖν τὴν μαρτυρίαν εἶναι ὡς ψευδής ἐστιν, οὐχ ἥκιστα δ᾽ ἐκ τῶν πεπραγμένων αὐτοῖς ῥᾴδιον γνῶναι. οὗτοι γὰρ ᾤοντο, ὦ ἄνδρες δικασταί, ἐμέ, εἰ πολλά μου λάβοιεν ἐνέχυρα, ἅσμενον ἀφήσειν με τοὺς μάρτυρας τῶν ψευδομαρτυρίων, ὥστε ἀπολαβεῖν με τὰ ἐνέχυρα.