by Demosthenes
[5] There was a certain Comon of Halae, men of the, jury, a relative of ours. This Comon died without issue after a very short illness; he had lived, however, many years, and was an old man when he died. When I saw that he could not possibly recover, I sent for the defendant Olympiodorus that he might be with us, and join with us in taking all proper measures. And Olympiodorus, when he had come to me and to my wife, who is his own sister, aided us in making all the arrangements.
[6] ὄντων δ᾽ ἡμῶν περὶ ταύτην τὴν πραγματείαν, ἐξαίφνης λόγον μοι προσφέρει Ὀλυμπιόδωρος οὑτοσί, ὅτι καὶ ἡ μήτηρ αὐτοῦ προσήκουσα εἴη τῷ Κόμωνι τῷ τετελευτηκότι, καὶ ὅτι δίκαιον εἴη καὶ αὑτὸν τὸ μέρος λαβεῖν ἁπάντων ὧν ὁ Κόμων κατέλιπεν. καὶ ἐγώ, ὦ ἄνδρες δικασταί, συνειδὼς ὅτι ἐψεύδετο καὶ ἀναισχυντεῖν ἐπεχείρει, καὶ ὅτι οὐδεὶς ἦν ἄλλος τῷ Κόμωνι γένει ἐγγυτέρω ἐμοῦ, τὸ μὲν πρῶτον ὡς οἷόν τε μάλιστα ὠργίσθην καὶ ἠγανάκτησα ἐπὶ τῇ ἀναισχυντίᾳ τοῦ λόγου, ἔπειτα δὲ ἐλογισάμην πρὸς ἐμαυτὸν ὅτι οὐκ ἐν καιρῷ ὀργιζοίμην, καὶ τούτῳ ἀπεκρινάμην ὅτι ἐν μὲν τῷ παρόντι προσήκει θάπτειν τὸν τετελευτηκότα καὶ τἄλλα ποιεῖν τὰ νομιζόμενα, ἐπειδὰν δὲ τούτων ἁπάντων ἐπιμεληθῶμεν, τόθ᾽ ἡμῖν αὐτοῖς διαλεξόμεθα.
[6] While we were thus occupied, this fellow Olympiodorus suddenly flung at me the statement that his mother also was related to Comon, the dead man, and that it was fair that he, too, should receive his share of all the property which Comon left. I for my part, men of the jury, as I knew that he was lying and trying to put a bold face on it, and that there was nobody else nearer of kin to Comon than myself, became at first exceedingly wroth and indignant at the shamelessness of his claim; presently, however, I reflected that it was not a proper time for anger, and I made answer to him, that for the present it was our duty to bury the dead man and do all else that custom called for, and that after we should have discharged all these duties we would talk with one another.
[7] καὶ οὗτος, ὦ ἄνδρες δικασταί, προσωμολόγησεν ταῦτα καὶ καλῶς μ᾽ ἔφη λέγειν. ἐπειδὴ δὲ ἀπηλλάγημεν καὶ ἐποιήσαμεν ἅπαντα τὰ νομιζόμενα, καθ᾽ ἡσυχίαν ἤδη παρακαλέσαντες τοὺς οἰκείους ἅπαντας διελεγόμεθα ἡμῖν αὐτοῖς περὶ ὧν οὗτος ἠξίου ἑαυτῷ εἶναι. ὅσα μὲν οὖν, ὦ ἄνδρες δικασταί, ἡμεῖς πρὸς ἡμᾶς αὐτοὺς διηνέχθημεν περὶ τούτων διαλεγόμενοι, τι ἂν ἐγὼ ταῦτα διηγούμενος ἢ ὑμῖν πράγματα παρέχοιμι ἢ ἐμαυτῷ ἐνοχλοίην;
[7] And Olympiodorus, men of the jury, assented to this, and said that I was quite right. So when we had finished all this, and had done all that custom required, we called in all our relatives and quietly discussed with one another the claims which this fellow advanced. Now, men of the jury, why should I weary you or myself by relating the various differences which arose between us as we talked these matters over?
[8] τὸ δὲ τέλος ὃ ἐγένετο, τοῦθ᾽ ὑμᾶς ἀναγκαίως ἔχει ἀκοῦσαι. αὐτὸς γὰρ ἐγὼ ἐδίκασα τούτῳ καὶ οὗτος ἐμοὶ τὰ ἡμίσεα ἑκάτερον ἡμῶν λαβεῖν ὧν κατέλιπε Κόμων, καὶ μηδεμίαν ἀηδίαν εἶναι περαιτέρω. καὶ προειλόμην, ὦ ἄνδρες δικασταί, ἑκὼν μεταδοῦναι τούτῳ μᾶλλον ἢ εἰς δικαστήριον εἰσιὼν κινδυνεύειν πρὸς οἰκεῖον ὄντα τοῦτον καὶ εἰπεῖν τι ἀηδές, ἀδελφὸν ὄντα τῆς ἐμῆς γυναικὸς καὶ θεῖον τῶν ἐμῶν παίδων, καὶ ὑπὸ τούτου ἀκοῦσαί τι ἀνεπιτήδειον.
[8] The conclusion to which we came, however, it is necessary for you to hear. I myself reached the decision regarding his claims, and he regarding mine, that we should each take half of what Comon left, and there should be no further unpleasantness between us. I chose, men of the jury, voluntarily to share the inheritance with him rather than come into court and risk a trial with the fellow, who is a relative, and to say unpleasant things of one who is a brother of my wife and the uncle of my children, and hear disagreeable things from him.
[9] ταῦτα πάντα ἐνθυμούμενος συνεχώρησα αὐτῷ. καὶ μετὰ ταῦτα συνθήκας ἐγράψαμεν πρὸς ἡμᾶς αὐτοὺς περὶ ἁπάντων, καὶ ὅρκους ἰσχυροὺς ὠμόσαμεν ἀλλήλοις, ἦ μὴν τά τε ὑπάρχοντα φανερὰ ὄντα καλῶς καὶ δικαίως διαιρήσεσθαι καὶ μηδ᾽ ὁτιοῦν πλεονεκτήσειν τὸν ἕτερον τοῦ ἑτέρου ὧν κατέλιπεν Κόμων, καὶ τἄλλα πάντα κοινῇ ζητήσειν, καὶ πράξειν μετ᾽ ἀλλήλων βουλευόμενοι ὅ τι ἂν ἀεὶ δέῃ.
[9] Thinking of all these things I came to terms with him.
After this we drew up written articles of agreement regarding all matters involved, and swore solemn oaths to one another that we would in very truth divide fairly and honestly all the visible property that there was, and that neither of us would in any respect take advantage of the other in regard to Comon’s estate; that we would make joint inquiry for the rest, and would act in common in forming whatever plans should from time to time be necessary.
[10] ὑπενοοῦμεν γάρ, ὦ ἄνδρες δικασταί, ἥξειν τινὰς ἀμφισβητήσοντας τῶν τοῦ Κόμωνος καὶ ἑτέρους: οἷον καὶ ὁ ἐμὸς ἀδελφὸς ὁ ὁμοπάτριος, ὁμομήτριος δ᾽ οὔ, ὃς ἀπεδήμει, καὶ εἰ δή τις ἄλλος ἐβούλετ᾽ ἀμφισβητεῖν, οὐκ ἦν ἡμῖν κωλύειν: οἱ γὰρ νόμοι κελεύουσι τὸν βουλόμενον ἀμφισβητεῖν. ταῦτα δὴ πάντα προνοούμενοι ἐγράψαμεν τὰς συνθήκας καὶ ὅρκους ὠμόσαμεν, ὅπως ἂν μήτε ἑκόντι μήτε ἄκοντι μηδετέρῳ ἐξουσία ἡμῶν γένηται μηδ᾽ ὁτιοῦν ἰδίᾳ πρᾶξαι, ἀλλὰ κοινῇ βουλευόμενοι μεθ᾽ ἡμῶν αὐτῶν ἅπαντα πράττωμεν.
[10] For we suspected, men of the jury, that others besides ourselves would come to lay claim to the estate of Comon. For instance, there was my brother, on my father’s but not my mother’s side, who was out of the country; and, if anyone else wished to put in a claim, there was no way for us to prevent it; for the laws ordain that anyone who chooses may put in a claim. Foreseeing all these contingencies, we drew up our articles of agreement and swore our oaths in order that neither of us might have the opportunity of doing anything whatever independently, whether he should wish to do so or not, but that we should do everything by mutual agreement.
[11] καὶ μάρτυρας ἐποιησάμεθα περὶ τούτων πρῶτον μὲν τοὺς θεοὺς οὓς ὠμόσαμεν ἀλλήλοις, καὶ τοὺς οἰκείους τοὺς ἡμετέρους αὐτῶν, ἔπειτ᾽ Ἀνδροκλείδην Ἀχαρνέα, παρ᾽ ᾧ κατεθέμεθα τὰς συνθήκας. βούλομαι οὖν, ὦ ἄνδρες δικασταί, τόν τε νόμον ἀναγνῶναι, καθ᾽ ὃν τὰς συνθήκας ἐγράψαμεν πρὸς ἡμᾶς αὐτούς, καὶ μαρτ�
�ρίαν τοῦ ἔχοντος τὰς συνθήκας. λέγε τὸν νόμον πρῶτον.”Νόμος”
ἀναγίγνωσκε δὴ καὶ τὴν μαρτυρίαν τὴν Ἀνδροκλείδου.”Μαρτυρία”
[11] And we called to witness this agreement, first the gods in whose name we exchanged our oaths, and our own relatives, and moreover Androcleides of Acharnae, with whom we deposited the articles.
I wish now, men of the jury, to read the law in accordance with which we drew up our agreement, and deposition of the person who has the articles in his keeping.
Read the law first.” Law”
Now read the deposition of Androcleides.” Deposition”
[12] ἐπειδὴ δὲ ὠμόσαμεν ἀλλήλοις καὶ αἱ συνθῆκαι ἦσαν κείμεναι παρὰ τῷ Ἀνδροκλείδῃ, διεῖλον ἐγὼ δύο μερίδας, ὦ ἄνδρες δικασταί. καὶ ἡ μὲν ἑτέρα ἦν μερὶς ἡ οἰκία ἐν ᾗ ᾤκει αὐτὸς ὁ Κόμων, καὶ τἀνδράποδα οἱ σακχυφάνται, ἡ δ᾽ ἑτέρα ἦν μερὶς οἰκία ἑτέρα καὶ τἀνδράποδα οἱ φαρμακοτρίβαι. ἀργύριον δὲ εἴ τι κατέλιπεν ὁ Κόμων φανερὸν ἐπὶ τῇ τραπέζῃ τῇ Ἡρακλείδου, τοῦθ᾽ ἅπαν σχεδόν τι ἀνηλώθη εἴς τε τὴν ταφὴν καὶ τἄλλα τὰ νομιζόμενα καὶ εἰς τὴν οἰκοδομίαν τοῦ μνήματος.
[12] When we had exchanged oaths, and the articles had been deposited with Androcleides, I divided the property into two shares, men of the jury. One share consisted of the house in which Comon himself had lived, and the slaves engaged in weaving sackcloth, and the other of another house and the slaves engaged in grinding colors. Whatever ready money Comon left in the bank of Heracleides had been nearly all spent on his burial and the other funeral rites, and on the building of his tomb.
[13] διελὼν δ᾽ ἐγὼ τὰς δύο ταύτας μερίδας, ἔδωκα αἵρεσιν τουτῳὶ Ὀλυμπιοδώρῳ ὁποτέραν βούλεται τῶν μερίδων λαβεῖν, καὶ οὗτος εἵλετο τοὺς φαρμακοτρίβας καὶ τὴν οἰκίσκην: ἐγὼ δ᾽ ἔλαβον τοὺς σακχυφάντας καὶ τὴν οἰκίαν τὴν ἑτέραν. καὶ ταῦτ᾽ ἔστιν ἃ ἑκάτερος ἡμῶν εἶχεν.
[13] And after I had divided the property into these two shares, I gave Olympiodorus his choice to take whichever of the two shares he pleased; and he chose the color-grinders and the small house, while I took the weavers and the dwelling-house.
[14] ἐν δὲ τῇ μερίδι τῇ τουτουὶ Ὀλυμπιοδώρου ἦν εἷς τῶν φαρμακοτριβῶν, ὃν μάλιστα ἐνόμιζεν πιστὸν ἑαυτῷ εἶναι ὁ Κόμων: ὄνομα δὲ τῷ ἀνθρώπῳ ἐστὶν Μοσχίων. οὗτος ὁ οἰκέτης σχεδόν τι ᾔδει τά τε ἄλλα τὰ τοῦ Κόμωνος ἅπαντα, καὶ δὴ τὸ ἀργύριον οὗ ἦν, τὸ ἔνδον κείμενον τῷ Κόμωνι.
[14] This is what each of us had. Now in the share of this fellow Olympiodorus there was a man, one of the color-grinders, whom Comon used to regard as most faithful to himself; the man’s name was Moschion. This slave had a pretty good knowledge of all Comon’s other affairs, and in particular knew where the money was which Comon kept in the house;
[15] καὶ δὴ καὶ ἔλαθεν τὸν Κόμωνα, πρεσβύτερόν τε ὄντα καὶ πεπιστευκότα αὐτῷ, ὑφαιρούμενος τὸ ἀργύριον οὗτος ὁ οἰκέτης ὁ Μοσχίων. καὶ πρῶτον μὲν ὑφαιρεῖται αὐτοῦ χιλίας δραχμὰς χωρίς που κειμένας τοῦ ἄλλου ἀργυρίου, ἔπειτα ἑτέρας ἑβδομήκοντα μνᾶς. καὶ ταῦτα ποιῶν ἐλάνθανεν τὸν Κόμωνα. καὶ τὸ ἀργύριον τοῦτο ἅπαν εἶχεν αὐτὸς δι᾽ ἑαυτοῦ ὁ ἄνθρωπος.
[15] and Comon, who was oldish and who had confidence in him, was unaware that this slave Moschion was stealing his money. He first stole from him one thousand drachmae, which sum was kept separate from the rest of the money, and afterwards seventy minae more. He was doing this without Comon’s suspecting it, and the fellow kept all this money in his own possession.
[16] οὐ πολλῷ δὲ χρόνῳ ὕστερον, ὦ ἄνδρες δικασταί, ἢ ἡμεῖς διειλόμεθα τὰς μερίδας, ὑποψία τις ἐγένετο καὶ αἴσθησις περὶ τἀνθρώπου τούτου: ἐκ δὲ ταύτης τῆς ὑποψίας ἐδόκει ἐμοὶ καὶ τουτῳὶ Ὀλυμπιοδώρῳ βασανίζειν τὸν ἄνθρωπον. καὶ ὁ ἄνθρωπος, ὦ ἄνδρες δικασταί, αὐτὸς αὑτοῦ κατεῖπε, πρὶν βασανίζεσθαι, ὅτι χιλίας δραχμὰς ὑφείλετο τοῦ Κόμωνος, καὶ ἔφη εἶναι παρ᾽ ἑαυτῷ ὅσον μὴ ἦν ἀνηλωμένον: περὶ δὲ τοῦ πλείονος ἀργυρίου οὐδ᾽ ὁτιοῦν εἶπεν ἐν τῷ τότε χρόνῳ: καὶ ἀποδίδωσιν περὶ ἑξακοσίας τινὰς δραχμάς.
[16] Soon after we had divided the shares between us, men of the jury, we became suspicious, and found out something about this money; and as a result of this suspicion Olympiodorus here and I decided to put the man to the torture. And the fellow, men of the jury, before he was put to the torture, voluntarily confessed that he had stolen a thousand drachmae from Comon, and said that he still had in his quarters all the money which had not been spent; but of the larger sum he did not say a word at that time.
[17] καὶ τούτου τοῦ ἀργυρίου, οὗ ἀπέδωκεν ὁ ἄνθρωπος, καλῶς καὶ δικαίως κατὰ τοὺς ὅρκους οὓς ὠμόσαμεν ἡμεῖς καὶ κατὰ τὰς συνθήκας τὰς κειμένας παρὰ τῷ Ἀνδροκλείδῃ τὸ μὲν ἥμισυ ἐγὼ ἔλαβον, τὸ δ᾽ ἥμισυ οὑτοσὶ Ὀλυμπιόδωρος.
[17] So he paid back about six hundred drachmae. And of this sum which the man paid back we made a just and fair division in accordance with the oaths which we had sworn and the agreement deposited with Androcleides, I taking one half and the defendant Olympiodorus the other.
[18] μετὰ δὲ ταῦτα οὐ πολλῷ χρόνῳ ὕστερον ἐκ ταύτης τῆς ὑποψίας τῆς πρὸς τὸν οἰκέτην περὶ τοῦ ἀργυρίου οὗ ἀπέδωκεν, ἔδησεν τὸν ἄνθρωπον καὶ ἐβασάνισεν αὐτὸς ἐφ᾽ ἑαυτοῦ, ἡμᾶς δὲ οὐ παρεκάλεσεν, ὀμωμοκὼς κοινῇ ζητήσειν καὶ πράξειν μετ᾽ ἐμοῦ πάντα. καὶ ὁ ἄνθρωπος, ὦ ἄνδρες δικασταί, κατατεινόμενος ὑπὸ τῆς βασάνου προσωμολόγησε καὶ τὰς ἑβδομήκοντα μνᾶς εἰληφέναι ὑφελόμενος Κόμωνος, καὶ ἀποδίδωσιν ἅπαν τὸ ἀργύριον τοῦτο Ὀλυμπιοδώρῳ τουτῳί.
[18] Not long after this, as a result of the suspicion against the slave in regard to the money, the defendant had the man bound and again put to the torture. He did this independently by himself without calling me in, although he had sworn to make all inquiries and do everything in concert with me. And the fellow, men of the jury, when racked by the torture made further confession that he had stolen from Comon the seventy minae; and he restored this entire sum to the defendant Olympiodorus.
[19] ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, ἐπειδὴ ἐπυθόμην περὶ τῆς βασάνου τοῦ ἀνθρώπου καὶ ὅτι ἀποδεδωκὼς εἴη τὸ ἀργύριον, ἐνόμιζόν μοι ἀποδώσειν τοῦτον �
�ὸ ἥμισυ τοῦ ἀργυρίου, ὥσπερ καὶ τὸ πρότερον ἀπὸ τῶν χιλίων δραχμῶν ἀπέδωκε. καὶ εὐθὺς μὲν οὐ πάνυ τι ἠνώχλουν τούτῳ, ἡγούμενος αὐτὸν τοῦτο γνώσεσθαι καὶ διοικήσειν καὶ ἐμοὶ καὶ ἑαυτῷ, ὅπως ἑκάτερος ἡμῶν ἕξει τὰ δίκαια κατὰ τοὺς ὅρκους καὶ τὰς συνθήκας τὰς πρὸς ἡμᾶς αὐτοὺς περὶ τοῦ ἰσομοιρεῖν ἁπάντων ὧν Κόμων ἦν καταλελοιπώς:
[19] I, on my part, men of the jury, when I learned that the man had been tortured, and that he had restored the money, supposed that Olympiodorus would pay me half the amount, just as he had before paid me half of the one thousand drachmae. At first I did not press him, thinking that he would recognize his obligation and arrange matters for my interest and his own, so that each of us should have what was fair in accordance with our oaths and our mutual agreement to share equally in all that Comon left;